Ordinary Meeting Minutes

Held on Wednesday 26 July 2023

at Council Chambers, Biamanga Room, Bega Valley Commemorative Civic Centre Bega, commencing at 2:00pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

 In Attendance

Acting Chief Executive Officer, Mr Ian Macfarlane

Acting Director,  Assets and Operations, Mr Alan Gundrill

Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Manager Communication and Engagement, Ms Kellie Dodge

Executive Officer (Minute Secretary), Mrs Jackie Grant

 

 

Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements:

Council meetings are recorded and live streamed to the Internet for public viewing. 

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.

Acknowledgement of Traditional Custodians of Bega Valley Shire

The Mayor commenced by acknowledging, On behalf of Bega Valley Shire Council, I would like to acknowledge and pay our respects to the traditional custodians of the lands, waterways and airspace on which we are gathering.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

 

1.

Apologies

 

That the apology of Chief Executive Officer, Anthony McMahon be noted.

 

2.

Confirmation of Minutes

114/23

RESOLVED on the motion of Crs Nadin and Wright

That the Minutes of the Ordinary Meeting held on 28 June 2023 as circulated, be taken as read and confirmed.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

3.          Declarations

Pecuniary Interest

There were no Pecuniary Interest declarations.

Non Pecuniary Interest

Cr Allen declared a Non - Pecuniary conflict of interest regarding Item 8.2 “Village Square” Mixed Use Development - Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing, Lots 4 and 5 DP 1134, 66-68 Princes Highway, Cobargo . Cr Allen advised he is Chairman of the Cobargo Bushfire Resilience Centre Inc. A signed declaration form was tabled by Cr Allen, he will remain in the chamber and not vote.

 

4.          Public Forum

The following deputations were heard:

Item 6.1 - 2023 National General Assembly of Local Government Communique and Item 6.2 - Canberra Regional Joint Organisation meeting with NSW Government Ministers

·         Fraser Buchanan – Self - AGAINST

Item 8.2 - “Village Square” Mixed Use Development - Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing, Lots 4 and 5 DP 1134, 66-68 Princes Highway, Cobargo

·         Ms Rhonda Ayliffe - On behalf of Cobargo Bushfire Resilience Centre Inc. - AGAINST

·         Mr John Walters - On behalf of Cobargo Community Development Corporation Ltd - FOR

·         Mr Ashley Dunn - On behalf of Cobargo Community Development Corporation Ltd - FOR

·         Ms Catherine Forbes - On behalf of DunnHillam Architects - FOR

Item 10.2 - Proposed New Road Name - Miriwal Lane, Merimbula

·         Mr Ron Douglas – Self - AGAINST

5.                 Petitions

There were no petitions.

6.          Mayoral Minutes

 

6.1

2023 National General Assembly of Local Government Communique

115/23

RESOLVED on the motion of Cr Fitzpatrick

It is recommended that Council note the 2023 National General Assembly Communique.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

6.2

Canberra Region Joint Organisation (CRJO) meeting 'NSW Government Ministers'

116/23

RESOLVED on the motion of Cr Fitzpatrick

It is recommended that Council note the information included in this Mayoral minute.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

7.          Urgent Business

There was no urgent business.

8.          Staff Reports – Community, Environment and Planning

 

8.1

Finalisation Draft Policy 3.13 Trees and vegetation in urban areas on Council managed public land and Draft Procedure 3.13.01 Nature Strip Planting Guideline

 

A motion was moved by Crs Griff and O’Neil

That Council:

1.    Adopt Policy 3.13 Trees and vegetation in urban areas on Council managed land, as amended following public exhibition (Attachment 1).

2.    Staff investigate relevant local government strategies for enhancing shade in main town         centres through increasing tree coverage; to be reported by the end of 2023.

3.    Adopt Procedure 3.13.01 Nature Strip Planting Guideline, as amended following public exhibition (Attachment 2).

4.    Advise those who made a submission of Council’s decision.

A motion was foreshadowed by Cr Allen

That Council:

1.    Adopt Policy 3.13 Trees and vegetation in urban areas on Council managed land, as amended following public exhibition (Attachment 1).

2.    Adopt Procedure 3.13.01 Nature Strip Planting Guideline, as amended following public exhibition (Attachment 2).

3.    Advise those who made a submission of Council’s decision.

The motion was put to the vote and it was CARRIED

In favour:             Crs Griff, Seckold, O'Neil, Robin and Wright

Against:                  Crs Fitzpatrick, Nadin, Allen and Porter

117/23

RESOLVED on the motion of Crs Griff and O'Neil

That Council:

1.    Adopt Policy 3.13 Trees and vegetation in urban areas on Council managed land, as amended following public exhibition (Attachment 1).

2.    Staff investigate relevant local government strategies for enhancing shade in main town         centres through increasing tree coverage; to be reported by the end of 2023.

3.    Adopt Procedure 3.13.01 Nature Strip Planting Guideline, as amended following public exhibition (Attachment 2).

4.    Advise those who made a submission of Council’s decision.

In favour:             Crs Griff, Seckold, O'Neil, Robin and Wright

Against:                  Crs Fitzpatrick, Nadin, Allen and Porter

 

 

8.2

“Village Square” Mixed Use Development - Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing, Lots 4 and 5 DP 1134, 66-68 Princes Highway, Cobargo

 

Cr Allen declared a Non - Pecuniary conflict of interest regarding Item 8.2“Village Square” Mixed Use Development - Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing, Lots 4 and 5 DP 1134, 66-68 Princes Highway, Cobargo . Cr Allen advised he is Chairman of the Cobargo Bushfire Resilience Centre Inc. A signed declaration form was tabled by Cr Allen, he will remain in the chamber and not vote.

118/23

RESOLVED on the motion of Crs Nadin and O'Neil

That Council:

1.    Assumes the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notifies the department accordingly.

2.    Approves the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3.    Approves Development Application 2022.366 for a new Village Square (Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing) subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent.

4.    Notifies those who made a submission of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Nil

Abstained:             Cr Allen

 

 

8.3

Reporting of minutes for committees with delegated authority and advisory committees

119/23

RESOLVED on the motion of Crs Nadin and Allen

That Council note the report and the Cemetery Advisory Committee, Montreal Goldfields Committee and General Community Hall Committee February meeting minutes which are appended to this report.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

8.4

Memorandum of Understanding (MoU) between Animal Welfare League and Bega Valley Shire Council

120/23

RESOLVED on the motion of Crs Seckold and Porter

That Council delegates authority to the Mayor and Chief Executive Officer to enter into a Memorandum of Understanding with Animal Welfare League (Attachment 1) to support animal welfare management in the Bega Valley Shire.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

9.          Staff Reports – Assets and Operations

 

9.1

Sportsground Facility Management Plans

121/23

RESOLVED on the motion of Crs Seckold and Nadin

1.    That Council receive and note the information in the report.

2.    That Council endorse the Facility Management Plans for: Dickinson Oval, Wolumla Recreation         Ground, Berrambool Sports Complex, Pambula Sporting Complex, George Brown Oval,         Barclay Street Sports Complex, Bega Sporting Complex, John Gordon Recreation Reserve,         Colombo Park Bemboka and Lawrence Park.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

9.2

Request For Tender (RFT) 2223-063 Storey Avenue Drainage Works

122/23

RESOLVED on the motion of Crs Allen and Griff

1.    That Council accepts the recommendations outlined in the confidential attachment.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

123/23

RESOLVED on the motion of Crs Allen and Griff

2.    That Council accepts the tender from John Michelin and Sons Pty Ltd in relation to contract for the works described in tender RFT 2223-063, in the amount of $699.447.45 (including GST), subject to variations and provisional sums in accordance with the approved budget.

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-063.

4.    That all tenderers be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

9.3

Request for Quote (RFQ) - VPR325907 Construction of retaining wall, Palestine Road, Eden

124/23

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council accepts the recommendation in the attached confidential attachment.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

125/23

RESOLVED on the motion of Crs Allen and Seckold

2.    That Council accepts the submission from John Michelin and Sons Pty Ltd for Request for Quotation (RFQ) VPR325907 Construction of a Retaining Wall, Palestine Road in the amount of $478,583.25 including GST subject to variations, provisional sums and prime cost items.

3.    That authority is delegated to the Chief Executive Officer to execute all relevant documentation and make adjustment to the 2023-24 Operational Plan and budget accordingly.

4.    That all those who provided a quote be advised of Council’s decision.

5.    That Council authorise Council’s Chief Executive Officer to seek legal advice regarding cost recovery as per Option 2 using relevant legislative powers conferred upon Council as both a Roads Authority and Local Government Authority under the NSW Local Government Act 1993 and NSW Roads Act 1993.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

9.4

Bega Valley Local Traffic Committee 4 July 2023

126/23

RESOLVED on the motion of Crs Porter and O'Neil

That Council adopt the recommendations of the Bega Valley LTC meeting held on 4 July 2023, as outlined below:

Bega Valley Rally - 28 – 29 October 2023

1.       That, subject to conditions, Upper Cobargo Road be temporarily closed between 12.00pm and 6.00pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

2.       That, subject to conditions, Coopers Gully Road be temporarily closed between 12.30pm and 6.00pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

3.       That, subject to conditions, Spring Creek Road be temporarily closed between 1.00pm and 6.30pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

4.       That, subject to conditions, Walls Flat & Wents Road be temporarily closed between 2.00pm and 8.00pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

5.       That, subject to conditions, Niagra Lane / Comans Lane be temporarily closed between 2.30pm and 8.30pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

6.       That, subject to conditions, Snake Track be temporarily closed between 8.00am and 2.00pm on Sunday, 29 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

7.       That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation.

8.       That organisers fully implement an approved Special Event Transport Management Plan.

9.       That one month prior to the event date, all affected residents will be notified by letter drop advising them of the proposed changes to traffic movements. The letter must provide the residents with contact details of the event organisers.

10.   That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and Transport for NSW (TfNSW) by name for the event.

11.   That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

12.   That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

13.   That signage be displayed advising of Road Closures.

 

ReBoot in Bermagui – 30 September – 1 October 2023

1.       That the proposed arrangements involving sections of road reserves in Tilba Road, South Tilba Road, Wallaga Lake Road, Keating Drive, Narira Street, Wapengo Street, Lamont Street, Bermagui for the ReBoot in Bermagui fun run on Saturday, 30 September 2023 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2.       That the proposed arrangements involving road crossings at the intersections of Keating Drive/Wallaga Lake Road, Narira Street/Wallaga Lake Road, Wapengo Street/Wallaga Lake Road, Lamont Street/Bermagui Fishermans Wharf access road, Lamont Street/Lions Park car park access, Lamont Street/ Dickinson Park access roads, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 30 September 2023 be supervised by qualified Marshalls.  Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do not impact on traffic flow.

3.       That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and Transport for NSW (TfNSW) Accreditation.

4.       That organisers fully implement an approved Special Event Transport Management Plan.

5.       That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and Transport for NSW (TfNSW) by name for the event.

6.       That organisers have written Police approval prior to conducting the event.

7.       That the event achieves all conditions of Council’s Use of Public Land approval.

8.       That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

9.       That after the event, organisers are to clean up any rubbish or waste left behind.

 

The representative on the Local Traffic Committee has raised concerns regarding the proposed Peloton style community group social bike ride from Bermagui’s Dickinson Park to the Cobargo Showground and back, proposed for Sunday 1 October.

After consideration, members of the BVLTC agreed on the event being able to go ahead.  Police and TfNSW have some concerns regarding the road environment, topography and traffic flow for the proposed Bermagui to Cobargo route, but this being said, Police do not object to the proposition of the event being held.

ReBoot in Bermagui have taken this information from last years’ event and have arranged for Platinum Traffic Services to operate, under their control of a lead and rear escort for this event. It is therefore recommended that the event is approved under the following conditions:

1.       That the proposed arrangements involving sections of road reserves in Wallaga Lake Road and Cobargo Bermagui Road for the ReBoot in Bermagui bicycle ride on Sunday, 1 October 2023 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2.       As advised by the Event Organiser’s, due to the expected low number of competitors, the event is limited to a maximum of 30 riders.

3.       As this is not a race, the proposed peloton length is not to exceed 100 metres from lead rider to end rider.

4.       There are to be two escort vehicles, and two support vehicles. In the position of escort vehicle, support vehicle, Peloton, escort vehicle, support vehicle. All support vehicles need to be readily identifiable. The rear support vehicle is to collect stragglers or injured riders, along with their bicycles and remain with the event distant from the rear escort vehicle and alerting approaching vehicles of the event ahead.

5.       The lead escort vehicle shall be sufficient distance ahead of the peloton to advise approaching motorists of the approaching event.

6.       The rear escort vehicle is to stay with the rear of the peloton to alert approaching motorists of the event and to prevent other vehicles entering the peloton.

7.       The event organisers are to place advertising signs on either end of the Cobargo Bermagui Road alerting motorists of the upcoming event. The signs shall indicate the date of the event, the start and finish time, and alerting motorists of minor traffic delays.

8.       As Cobargo Bermagui Road is an incident detour route, if traffic on the Princes Highway is required to be detoured, then the event shall be cancelled immediately.

 

Eden Whale Festival – 14 – 15 October 2023

1.      That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street between 9.00am and 10.00am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

2.      That, subject to conditions, Imlay and Bass Street, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10.00am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

3.      That, subject to conditions, Hosies Road, Eden between the intersections of Bass Street and Aslings Beach Road and Aslings Beach Road, Eden between the intersections of Hosies Road and Mitchell Street, be temporarily closed between from 10.30am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

4.      That, subject to conditions, Aslings Beach Road, Eden be temporarily closed between the intersections of Mitchell Street and Barclay Street from 10.45am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

5.      That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Aslings Beach Road and Wave Street from 11.00am to 1:00pm on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

6.      That the proposed events be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines. 

7.      That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and Transport for NSW (TfNSW) Accreditation.

8.      That organisers fully implement an approved Special Event Transport Management Plan.

9.      That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and Transport for NSW (TfNSW) by name for the event.

10.   That organisers have written Police approval prior to conducting the event.

11.   That the event achieves all conditions of Council’s Use of Public Land approval.

12.   That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

13.   That after the event, organisers are to clean up any rubbish or waste left behind.

 

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

9.5

Request For Tender (RFT) 2223-095 Bermagui Library Renovations

127/23

RESOLVED on the motion of Crs Allen and O'Neil

1.    That Council accepts the recommendations outlined in the confidential attachment.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

128/23

RESOLVED on the motion of Crs Allen and O'Neil

2.    That Council accepts the tender from All Clear Group Pty Ltd in relation to contract for the works described in tender RFT 2223-095, in the amount of $423,786.00 (including GST), subject to variations, provisional sums and prime cost items.

3.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

4.    That all tenderers be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.        Staff Reports – Business and Governance

 

10.1

Audit, Risk and Improvement Committee Quarterly Report June 2023

129/23

RESOLVED on the motion of Crs O'Neil and Nadin

1.    That Council receive and note the Audit, Risk and Improvement Committee (ARIC) June 2023 quarterly report.

2.    That Council receive and note the attached letter from the Audit, Risk and Improvement Committee (ARIC) documenting their assurance regarding the Special Rate Variation (SRV) application process undertaken by Council.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.2

Proposed New Road Name - Miriwal Lane, Merimbula

 

A motion was moved by Crs Porter and Nadin

1.    That Council receive and note the report.

2.    That Council approve the proposal to name the road at Merimbula Airport, Gruzman Lane.

3.    That Council advertise the proposed road name on its website, inviting submissions to the proposal.

4.    That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

A motion was foreshadowed by Cr Allen and Seckold

1.    That Council receive and note the report.

2.    That Council approve the proposal to name the road at Merimbula Airport, Miriwal Lane.

3.    That Council advertise the proposed road name on its website, inviting submissions to the proposal.

4.    That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

The motion was put to the vote and it was LOST

In favour:             Crs Nadin and Porter

Against:                  Crs Fitzpatrick, Griff, Seckold, Allen, O'Neil, Robin and Wright

 

The foreshadowed motion became the motion and was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

130/23

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council receive and note the report.

2.    That Council approve the proposal to name the road at Merimbula Airport, Miriwal Lane.

3.    That Council advertise the proposed road name on its website, inviting submissions to the proposal.

4.    That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.3

Assignment of Licence - Bar Beach Kiosk

131/23

RESOLVED on the motion of Crs Allen and O'Neil

1.    That Council receive and note the report.

2.    That Council approves assignment of the licence for part of R63203 Lot 7022 DP 1124387 at Bar Beach, Merimbula from Bar Beach Kiosk Pty Ltd to Joshua Haskard.

3.    That the applicant be responsible for the payment of all costs associated with the assignment of licence process.

4.    That the Mayor and Chief Executive Officer be authorised to execute the necessary documentation to formalise the above course of action.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.4

Certificate of Investment June 2023

132/23

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the report on Council’s investment position at 30 June 2023.

2.    That Council notes the certification of the Responsible Accounting Officer.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.5

Local Government NSW Annual Conference 2023

133/23

RESOLVED on the motion of Crs Griff and Allen

That Council endorse two Councillor’s (Crs O’Neil and Porter), the Mayor and the Chief Executive Officer to attend the Local Government’s NSW (LGNSW) Annual Conference to be held from 12- 14 November 2023.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no Rescission/Alteration Motions.

13.        Notices of Motion

 

13.1

Advocacy for legislative change to support affordable housing development in the Bega Valley Shire

 

A motion was moved by Crs Griff and O’Neil

1.    That Council prioritises continued advocacy and any other possible actions to address the current legislative barriers to affordable housing in the Bega Valley Shire.

2.    That staff investigate the legality and pathways available to make exceptions to the legislation regarding transportable homes in specific crisis situations for a defined and limited period.

3.    That Council be provided with a report from staff outlining advocacy efforts made to date, any proposed legislative updates from the State government.

4.    That Council seeks from the State government a clear definition of what constitutes a         ‘moveable dwelling’ to include clarification of terms such as ‘portable device for human         habitation’ and ‘tiny home’ under the current legislation.

An amendment to the motion was moved by Crs Nadin and Porter

1.    That Councillors reiterate support for staff’s work to date to investigate options to enable         emergency accommodation in the Bega Valley, including their handling of DA matters;  

2.    That Councillors acknowledge that all new housing – regardless of the form it takes – must         comply with relevant legal building standards and NSW regulations.

3.    As part of the affordable housing strategy Council continues its advocacy and any other         possible actions to address the current legislative barriers to affordable housing in the Bega         Valley Shire, while acknowledging the constant and enormous amount of advocacy to date;

4.    That Council seeks from the State Government a clear definition of what constitutes a         ‘moveable dwelling’ to include clarification of terms such as ‘portable device for human         habitation’ and ‘tiny home’ under the current legislation.

5.    That council advocate to the NSW Government to make more appropriate residential land         available in the Bega Valley.

The amendment to the motion was put to the vote and it was LOST

In favour:             Crs Nadin, Allen and Porter

Against:                  Crs Fitzpatrick, Griff, Seckold, O'Neil, Robin and Wright

 

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

134/23

RESOLVED on the motion of Crs Griff and O'Neil

1.    That Council prioritises continued advocacy and any other possible actions to address the current legislative barriers to affordable housing in the Bega Valley Shire.

2.    That staff investigate the legality and pathways available to make exceptions to the legislation regarding transportable homes in specific crisis situations for a defined and limited period.

3.    That Council be provided with a report from staff outlining advocacy efforts made to date, any proposed legislative updates from the State government.

4.    That Council seeks from the State government a clear definition of what constitutes a ‘moveable dwelling’ to include clarification of terms such as ‘portable device for human habitation’ and ‘tiny home’ under the current legislation.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

14.        Questions with Notice

There were no questions with notice.

15.        Questions without Notice

 

15.1

Cr O'Neil - At the next Council meeting could staff update Council on discussions with Ministers and Officials on the $15 million commitment on Cuttagee Bridge

 

Cr O'Neil asked, at the next Council meeting could staff update Councillors on discussions with ministers and Officials on the $15 million commitment on Cuttagee Bridge.

Acting Chief Executive Officer, Ian Macfarlane took the question on notice.

 

16.        Confidential Business  

There was no confidential business.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

17.        Noting of Resolutions from Closed Session

There were no noting of resolutions from closed session.

18.        Declassification of reports considered previously in closed session

There were no declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 3:38 pm.

Confirmed Russell Fitzpatrick
                               
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 26 July 2023.