Ordinary Meeting Minutes

Held on Wednesday 21 February 2024

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:02pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Cathy Griff, Deputy Mayor

Cr Tony Allen

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin - Apology

Cr Liz Seckold

Cr Karen Wright

 

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications 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 Cr Joy Robin be noted.

 

 

2.

Confirmation of Minutes

18/24

RESOLVED on the motion of Crs Nadin and O'Neil

That the Minutes of the Ordinary Meeting held on 31 January 2024 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

3.          Declarations

There were no declarations of interest

 

Adjournment

19/24

RESOLVED on the motion of Crs Porter and Allen

That the meeting be adjourned for 25 minutes.

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

Against:                  Nil

Absent:                    Cr Robin

 

02:05pm      The ordinary meeting was adjourned.

The recording of the meeting ceased for the period of adjournment.

02:35pm      The ordinary meeting was reconvened.

 

4.          Public Forum

The following deputations were heard:

Item 8.1 - Affordable Housing Strategy Implementation Progress report

·         Mr Roz Hansen  – Self – AGAINST

·         Mr Mick Brosnan – Self - AGAINST

Item 13.1 - Support Native Forestry

·         Mr David Gallan – On behalf of Far South Coast Branch - National Parks Association (NSW) Inc. – AGAINST

·         Ms Harriett Swift – Self – AGAINST

·         Mr Peter Haggar  – Self – AGAINST

·         Mr James Jooste - On behalf of Australian Forest Products Association NSW – FOR

·         Mr Stephen Pope – Self - FOR

Item 13.2 - Options for Private Native Forestry in RU2 zones

·         Ms Harriett Swift – Self – AGAINST (speaker refrained)

·         Ms Jenifer Lowe – Self – AGAINST

·         Ms Virginia Young - On behalf of The Australian Rainforest Conservation Society, The Great Eastern Ranges Connectivity Initiative and Wilderness Australia – AGAINST

·         Mr Damien Bunting - On behalf of South Coast Timber – FOR

5.                 Petitions

Cr Porter tabled a petition containing 382 signatures regarding a bus shelter at the western end of Kalaru village to service the greatly increased population, particularly school kids, at that end of Kalaru. Notably, this new shelter will need to be at least twice the size of the new bus shelter adjacent to 500 Tathra Road.

6.          Mayoral Minutes

There were no Mayoral minutes.

 

7.          Urgent Business

There was no urgent business.

 

 

Movement of items 13.1 and 13.2

20/24

RESOLVED on the motion of Crs Allen and Nadin

That items 13.1 Support native forestry and 13.2 Options for private native forestry in RU2 zones be moved forward and follow item 8.1 Affordable Housing Strategy implementation progress report in the agenda.

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

Against:                  Nil

Absent:                    Cr Robin

 

8.          Staff Reports – Community, Environment and Planning

 

8.1

Affordable Housing Strategy implementation progress report

21/24

RESOLVED on the motion of Crs O'Neil and Griff

1.    That Council note the progress made in implementing the Bega Valley Shire Affordable         Housing Strategy in the period 1 July 2023 to 31 December 2023.

2.    That Council note the recommendation of the Affordable Housing Implementation Group         regarding short term rental accommodation.

3.    That Council note the NSW Government has recently released a Discussion paper on “short-         and long-term rental accommodation - Review of regulations and supply in New South         Wales” with submissions on the discussion paper closing 14 March 2024.

4.    That Council delegate the Chief Executive Officer to make a submission to the discussion         paper following circulation of a draft to Councillors and AHIG  and request a two week         extension to the submission timeframe

5.    That Council note contributing to the NSW Government review that has now commenced         may provide the  short term mechanism for implementing the recommendations of the AHIG

6.    That staff scope the research that is required for a social and economic impact assessment of         changes to short term rental accommodation

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

Against:                  Nil

Absent:                    Cr Robin

 

13.1

Support native forestry

 

A motion was moved by Crs Fitzpatrick and Porter

That Council:

Recognise the vital role of State Forests and the native timber sector operating in the NSW South Coast in enhancing the health, accessibility, and protection of our forested landscapes, encompassing:

1.    Strengthening bushfire mitigation strategies by maintaining forest roads and tracks, implementing broadscale and strategic fuel reduction, and ensuring access to specialized machinery and skilled personnel for effective fire management and response.

2.    Amplifying carbon abatement efforts by actively managing forests and effectively storing carbon in wood products, thereby playing a pivotal role in combating climate change.

3.    Facilitating approximately 30 million annual visits to state forests, enriching access to natural spaces through freely accessible hiking trails, mountain biking tracks, camping facilities, and acclaimed tourism destinations.

4.    Strict environmental controls safeguarding native flora and fauna during harvesting operations which occurs in just 0.1% of our forest estate each year.

5.    Building resilient regional communities by fostering a gross revenue of $720 million in southern NSW and generating 2,230 employment opportunities, thereby contributing significantly to economic growth and sustainability.

An amendment was proposed by Cr O’Neil

The amendment was accepted by Crs Fitzpatrick and Porter

That Council:

Recognise the vital role of State Forests and the native timber sector operating in the NSW South Coast in enhancing the health, accessibility, and protection of our forested landscapes, encompassing:

1.    Strengthening bushfire mitigation strategies by maintaining forest roads and tracks, implementing broadscale and strategic fuel reduction, and ensuring access to specialized machinery and skilled personnel for effective fire management and response.

2.    Amplifying carbon abatement efforts by actively managing forests and effectively storing carbon in wood products, thereby playing a pivotal role in combating climate change.

3.    Facilitating approximately 30 million annual visits to state forests, enriching access to natural spaces through freely accessible hiking trails, mountain biking tracks, camping facilities, and acclaimed tourism destinations.

4.    Strict environmental controls safeguarding native flora and fauna during harvesting operations which occurs in just 0.1% of our forest estate each year.

5.    Building resilient regional communities by fostering a gross revenue of $720 million in southern NSW and generating 2,230 employment opportunities, thereby contributing significantly to economic growth and sustainability.

6.    And noting that the NSW Government is currently preparing a road map for the timber         industry, calls on the State Government  to require the NSW Forestry Corporation to pay         rates to Local Government including the Bega Valley so that it pays its share of maintaining         the local and regional roads network it uses and also contributes to Council’s emergency         management role and environmental oversight of our landscape.

An amendment was proposed by Cr Nadin

The amendment was accepted by Crs Fitzpatrick and porter

That Council:

Recognise the vital role of State Forests and the native timber sector operating in the NSW South Coast in enhancing the health, accessibility, and protection of our forested landscapes, encompassing:

1.    Strengthening bushfire mitigation strategies by maintaining forest roads and tracks, implementing broadscale and strategic fuel reduction, and ensuring access to specialized machinery and skilled personnel for effective fire management and response.

2.    Amplifying carbon abatement efforts by actively managing forests and effectively storing carbon in wood products, thereby playing a pivotal role in combating climate change.

3.    Facilitating approximately 30 million annual visits to state forests, enriching access to natural spaces through freely accessible hiking trails, mountain biking tracks, camping facilities, and acclaimed tourism destinations.

4.    Strict environmental controls safeguarding native flora and fauna during harvesting operations which occurs in just 0.1% of our forest estate each year.

5.    Building resilient regional communities by fostering a gross revenue of $720 million in southern NSW and generating 2,230 employment opportunities, thereby contributing significantly to economic growth and sustainability.

A motion was foreshadowed by Cr Griff

That Council defer item 13.1 pending a councillor workshop on the native forest sector, from an economic and environmental perspective, with input from industry and academic experts.

The motion was put to the vote and it was TIED

In favour:             Crs Fitzpatrick, Nadin, Allen and Porter

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

Absent:                    Cr Robin

The Mayor used his casting vote and the motion was CARRIED

 

22/24

RESOLVED on the motion of Crs Fitzpatrick and Porter

That Council:

Recognise the vital role of State Forests and the native timber sector operating in the NSW South Coast in enhancing the health, accessibility, and protection of our forested landscapes, encompassing:

1.    Strengthening bushfire mitigation strategies by maintaining forest roads and tracks, implementing broadscale and strategic fuel reduction, and ensuring access to specialized machinery and skilled personnel for effective fire management and response.

2.    Amplifying carbon abatement efforts by actively managing forests and effectively storing carbon in wood products, thereby playing a pivotal role in combating climate change.

3.    Facilitating approximately 30 million annual visits to state forests, enriching access to natural spaces through freely accessible hiking trails, mountain biking tracks, camping facilities, and acclaimed tourism destinations.

4.    Strict environmental controls safeguarding native flora and fauna during harvesting operations which occurs in just 0.1% of our forest estate each year.

5.    Building resilient regional communities by fostering a gross revenue of $720 million in southern NSW and generating 2,230 employment opportunities, thereby contributing significantly to economic growth and sustainability.

The motion was put to the vote and it was TIED

In favour:             Crs Fitzpatrick, Nadin, Allen and Porter

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

Absent:                    Cr Robin

The Mayor used his casting vote and the motion was CARRIED

 

13.2

Options for private native forestry in RU2 zones

 

A motion was moved by Crs Fitzpatrick and Allen

That Council:

1.    Notes the NSW Private Native Forestry Codes of Practice administered under part 5B, Division 2 of the Local Land Services Act 2013 establishes comprehensive guidelines for overseeing private native forestry operations, consolidating regulations into a single instrument.

2.    Notes the PNF Codes of Practices were re-made in 2022 to provide certainty and consistency for landholders, while maintaining ongoing habitat values for native fauna.

3.    Notes the native hardwood industry employs 2,230 people on the NSW South Coast and private forestry provides at least 15 per cent of the high value saw logs harvested in NSW.  

4.    Notes that Zone RU2 Rural Landscape under the Bega Valley Shire Council LEP is compatible with private native forestry operations.

5.    Approves the preparation of a Proposal to amend the Bega Local Environmental Plan 2013 to make Private Native Forestry permitted without consent in Zone RU2 – Rural Landscape.

An amendment was proposed by Cr Porter

The amendment was accepted by Crs Fitzpatrick and Allen

1.    Notes the NSW Private Native Forestry Codes of Practice administered under part 5B, Division 2 of the Local Land Services Act 2013 establishes comprehensive guidelines for overseeing private native forestry operations, consolidating regulations into a single instrument.

2.    Notes the PNF Codes of Practices were re-made in 2022 to provide certainty and consistency for landholders, while maintaining ongoing habitat values for native fauna.

3.    Notes the native hardwood industry employs 2,230 people on the NSW South Coast and private forestry provides at least 15 per cent of the high value saw logs harvested in NSW.  

4.    Notes that Zone RU2 Rural Landscape under the Bega Valley Shire Council LEP is compatible with private native forestry operations.

5.    Council conduct an internal workshop regarding amending the Bega Local Environmental Plan       2013 to make private native forestry permitted without consent in zone RU2 – Rural         Landscape and also consider inclusion of resources for a planning proposal to that effect in         the 2025 operational plan and budget

A motion was foreshadowed by Cr Griff

That Council defer item 13.2 pending a councillor workshop on the native forest sector, from an economic and environmental perspective, with input from industry and academic experts.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Griff and Seckold

Absent:                    Cr Robin

23/24

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    Notes the NSW Private Native Forestry Codes of Practice administered under part 5B, Division 2 of the Local Land Services Act 2013 establishes comprehensive guidelines for overseeing private native forestry operations, consolidating regulations into a single instrument.

2.    Notes the PNF Codes of Practices were re-made in 2022 to provide certainty and consistency for landholders, while maintaining ongoing habitat values for native fauna.

3.    Notes the native hardwood industry employs 2,230 people on the NSW South Coast and private forestry provides at least 15 per cent of the high value saw logs harvested in NSW.  

4.    Notes that Zone RU2 Rural Landscape under the Bega Valley Shire Council LEP is compatible with private native forestry operations.

5.    Council conduct an internal workshop regarding amending the Bega Local Environmental Plan       2013 to make private native forestry permitted without consent in zone RU2 – Rural         Landscape and also consider inclusion of resources for a planning proposal to that effect in         the 2025 operational plan and budget

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

Against:                  Crs Griff and Seckold

Absent:                    Cr Robin

 

 

Adjournment

24/24

RESOLVED on the motion of Crs Allen and Nadin

That the meeting be adjourned for 5 minutes.

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

Against:                  Nil

Absent:                    Cr Robin

 

03:36pm      The ordinary meeting was adjourned.

The recording of the meeting ceased for the period of adjournment.

03:45pm      The ordinary meeting was reconvened.

 

8.2

Review of Procedure 4.05.06 Carparking Enforcement

25/24

RESOLVED on the motion of Crs Porter and Nadin

That Council:

1.    Receive and endorse Attachment 1 of this report ‘DRAFT Procedure 4.05.06 Carparking Enforcement’ for public exhibition

2.    Resolve to place the draft procedure on public exhibition for a minimum of 28-days with submissions open for 42 days

3.    Note that a further report will be presented to Council if any significant changes are proposed following public exhibition, or if no significant changes are proposed, the exhibited procedure will be considered adopted and published on the Council website.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

8.3

Children's Services Service Review

26/24

RESOLVED on the motion of Crs Nadin and Seckold

That Council:

1.   Notes the Children’s Services Review by Insight Consulting Australia at Attachment 2.

2.    Gives in principle support for the recommendations in the confidential memorandum at Attachment 1.

3.   Delegates authority to the Chief Executive Officer to execute the necessary steps to implement Council’s resolution.

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

Against:                  Nil

Absent:                    Cr Robin

 

A motion was move to make the confidential recommendations public.

27/24

RESOLVED on the motion of Crs Wright and Nadin

That Council:

1.    Notes the Children’s Services Review by Insight Consulting Australia at Attachment 2.

2.    Gives in principle support for Council to continue providing Children’s Services and undertake         long-term planning with a view to grow to a scale large enough to meet community demand         while achieving long term sustainability.

3.    Delegates authority to the Chief Executive Officer to execute the necessary steps to         implement Council’s resolution.

4.    Notes that staff will provide further reports to Council prior to any new expenditure being         committed to enact this resolution.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

8.4

Families, Ageing and Disability Service Review

28/24

RESOLVED on the motion of Crs Nadin and Seckold

That Council:

1.    Notes the Families, Ageing and Disability services review by Morrison Low at Attachment 2.

2.    Gives in-principle support for the recommendations in the confidential memorandum at Attachment 1.

3.    Delegates authority to the Chief Executive Officer to execute the necessary steps to implement Council’s resolution.

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

Against:                  Nil

Absent:                    Cr Robin

 

A motion was move to make the confidential recommendations public.

29/24

RESOLVED on the motion of Crs Nadin and Wright

That Council:

1.    Notes the Families, Ageing and Disability services review by Morison Low at Attachment 2.

2.    Gives in-principle support for Council to consider exiting from providing families, ageing and         disability services, pending the results of an expression of interest process to ensure the         market is able to transition Council’s National Disability Insurance Scheme (NDIS) and         Commonwealth Home Support Program (CHSP) clients to other providers and support staff to    transition to other roles within Council or with external providers where possible.

3.    Notes that point 2 above will include negotiation with the Department of Communities and         Justice regarding the family preservation service to ensure the service remains available in         the Bega Valley Shire.

4.    Delegates authority to the Chief Executive Officer to execute the necessary steps to         implement Council’s resolution, including a minimum 28 day staff consultation process         regarding the potential workplace change.

5.    Notes that staff will provide a further report to Council with the outcome of the expression of         interest process and staff consultation before changes are implemented.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

9.          Staff Reports – Assets and Operations

 

9.1

RFT 2324-008 Mattress Collection and Processing

30/24

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendation as outlined in the attached confidential memo.

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

Against:                  Nil

Absent:                    Cr Robin

31/24

RESOLVED on the motion of Crs Allen and Seckold

2.    That Council accept the tender from WM Waste Management Services in relation to the works described in Tender RFT 2324-008, at the Tendered Schedule of Rates for a ceiling amount of $52.43 per mattress (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 the tenderer be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

10.        Staff Reports – Business and Governance

 

10.1

Review and development of policies to meet requirements of NSW Notifiable Data Breaches (NDB)

32/24

RESOLVED on the motion of Crs Seckold and Porter

That Council:

1.    Receive and endorse new Policy 6.27 Data Breach Mandatory Reporting.

2.    Endorse the draft Policy 6.27 Data Breach Mandatory Reporting be placed on public exhibition for a minimum period of 28-days and Council receive submissions for 42 days.

3.    Note a further report will be presented to Council on any submissions received, or if no submissions are received, the exhibited documents be adopted and published on Council’s website.

4.     That the revised Policy 6.09 Information Technology Policy be adopted and published on the Council website.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

10.2

Adoption of councillor and staff interaction and councillor record keeping procedures and communication and social media policies

33/24

RESOLVED on the motion of Crs Porter and Nadin

A motion was moved to deal with the councillor record keeping procedures and communication and social media policies separately.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter and Wright

Against:                  Cr O'Neil

Absent:                    Cr Robin

 

 

A motion was moved by Crs O’Neil and Fitzpatrick

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

·    Attachment 5: Draft Procedure 6.02.09 Councillor and Staff Interaction (was previously Elected Official Communication Protocols)

A motion was foreshadowed by Cr Griff

Have a protocol where Councillors can speak to Managers and not be forbidden to speak to staff as seems to be the case now.

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Griff

Absent:                    Cr Robin

 

34/24

RESOLVED on the motion of Crs O'Neil and Fitzpatrick

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

·    Attachment 5: Draft Procedure 6.02.09 Councillor and Staff Interaction (was previously Elected Official Communication Protocols)

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

Against:                  Cr Griff

Absent:                    Cr Robin

 

 

A motion was moved by Crs Porter and Nadin

That Council revokes the Procedure 6.02.08 Record Keeping Requirements for Councillors

A motion was foreshadowed by Cr Fitzpatrick

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

1.   Attachment 6: Draft Procedure 6.02.08 Record Keeping Requirements for Councillors

2.    Review the policy so it’s not so onerous

The motion was put to the vote and it was LOST

In favour:             Crs Nadin, Griff and Porter

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

Absent:                    Cr Robin

 

The foreshadowed motion became the motion and was moved by Cr Fitzpatrick and seconded by Cr O’Neil:

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

1.   Attachment 6: Draft Procedure 6.02.08 Record Keeping Requirements for Councillors

2.    Review the policy so it’s not so onerous

The motion was put it the vote and it was CARRIED

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

Against:                  Cr Griff

Absent:                    Cr Robin

35/24

RESOLVED on the motion of Crs Porter and Nadin

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

1.   Attachment 6: Draft Procedure 6.02.08 Record Keeping Requirements for Councillors

2.    Review the policy so it’s not so onerous

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

Against:                  Cr Griff

Absent:                    Cr Robin

 

36/24

RESOLVED on the motion of Crs O'Neil and Seckold

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

·    Attachment 7: Draft Policy 6.10 Communications

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

Against:                  Nil

Absent:                    Cr Robin

 

37/24

RESOLVED on the motion of Crs O'Neil and Fitzpatrick

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

·    Attachment 8: New Draft Policy 6.25 Social Media

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

Against:                  Cr Griff

Absent:                    Cr Robin

 

 

04:38 pm      Cr Nadin left the meeting.

04:40 pm      Cr Nadin returned to the meeting.

 

10.3

Report on Implementation of Council's Operational Plan

38/24

RESOLVED on the motion of Crs Allen and Wright

That Council receive and note the 2023-24 Operational Plan progress report for the period 1 July 2023 to 31 December 2023.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

10.4

Certificate of Investment January 2024

39/24

RESOLVED on the motion of Crs Allen and O'Neil

1.    That Council receive and note the report on Council’s investment position at 31 January 2024.

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

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

Against:                  Nil

Absent:                    Cr Robin

 

 

10.5

Request for tender (RFT 2324-049) alterations and additions to Cobargo RFS

40/24

RESOLVED on the motion of Crs Allen and Seckold

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

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

Against:                  Nil

Absent:                    Cr Robin

41/24

RESOLVED on the motion of Crs Allen and Seckold

2.    That Council decline to accept any tenders under clause 178 of the Local Government (General) Regulation 2021 (NSW) and reissue to open market, subject to revision of included scope of works.

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 and Wright

Against:                  Nil

Absent:                    Cr Robin

 

 

10.6

Rescheduling of 28 August 2024 Council meeting

42/24

RESOLVED on the motion of Crs Allen and O'Neil

That Council reschedule the 28 August 2024 Council meeting to 14 August 2024 due to the Local Government election caretaker period being 16 August 2024 to 13 September 2024.

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

Against:                  Nil

Absent:                    Cr Robin

 

 

10.7

Actions from resolutions of Council - Progress Report

43/24

RESOLVED on the motion of Crs Allen and Griff

That Council:

1.    Be provided quarterly update reports to monitor progress on implementation of Council resolutions

2.    Notes the progress update on implementation of Council resolutions contained within this report

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

Against:                  Nil

Absent:                    Cr Robin

 

11.        Councillor Reports

There were no councillor reports.

12.        Rescission/Alteration Motions

There were no Rescission/Alteration Motions.

13.        Notices of Motion

Items 13.1 and 13.2 were moved to be dealt with after Item 8.1 in the agenda.

14.        Questions with Notice

There were no questions with notice.

15.        Questions without Notice

15.1

Cr O'Neil - Councillors in the Community sessions and Bega Valley Shire survey

 

Cr O’Neil asked would the Staff report on the outcomes of the Councillors in the Community sessions conducted by the staff/councillors in November 2023 when there were five sessions at the Community Halls at Bemboka, Wyndham, Tanja, Quaama and Towamba? Was there an evaluation on what went well and what can be improved in the future? Have staff shared information on evaluation of community engagement with other members of the Canberra Region Joint Organisation, including with Eurobodalla which has an evaluation template?

And

Will the Bega Valley Shire survey, currently underway to assist development of the next Community Strategic Plan,  gather community feedback on satisfaction with our services and service levels, including major areas of operation including waste management and roads and bridges ? Would the Council consider a survey to gauge this data?

Chief Executive Officer, Mr Anthony McMahon advised The Councillors in the community sessions held in November 2023 had mixed attendance ranging from very few people in some locations and others we had up to 30 individuals attend.

Due to the relatively low community attendance in Bemboka, Wyndham and Quaama the format was more networking discussion between the community members, Councillors and Executive staff with some specific localised issues raised. The Tanja session had the best attendance and so we took a slightly different format with some time taken for networking as described for the other sites as well as a broader combined discussion where the CEO provided an overview of a couple of key locality based issues. The Towamba session did not occur due to flooding at the scheduled time.

Anecdotally, factors effecting attendance were weather as well as the level of local community information distribution about the events happening.

Council promoted the sessions via a media release, social media posts and the Bega Valley Together fortnightly newsletter as well as letting the community halls know.

There was no formal evaluation other than an executive team discussion and informal Councillor discussions. We also took feedback from those at the sessions on how they found out about the event and what we could do differently next time. Things such as community noticeboards were raised. It is apparent that for future sessions further information distribution may be able to assist with attendance.

Anecdotal feedback from those that attended was appreciation for Council going out to the community to provide the opportunity to gain information and raise issues.

Council has not shared this information with the CRJO or other Council’s as there has been no formal evaluation for our councillors in the community sessions.

We have worked jointly with the CRJO councils on other engagement initiatives such as the development of the regional CSP and resilience blueprint and as we work through the review currently underway of our engagement toolkit we will be seeking best practice examples from other councils including evaluation tools to see how we can do that better.

The survey that is currently open until 15 March 2024 is to collect community feedback to review our Community Strategic Plan (CSP). The CSP documents the communities' aspirations and priorities and it was last reviewed in 2021. Many partners, such as state agencies and community groups, along with Council playing a role in implementing the CSP. It is being reviewed now prior to the Local Government election in September 2024. The current survey is collecting feedback on where we are now, where we want to be by 2042, how we will get there, and how we will know if we've been successful. 

Council officers are intending to include in budget allocation in the 2024-25 budget for community engagement on customer satisfaction with our services and service levels. It is proposed this engagement will be undertaken in July/August 2024 with the survey results provided to the newly elected Council in September to guide their planning and development of the next Delivery Program, Resourcing Strategy and Operational Plan.

 

15.2

Cr Nadin - Update on Fisherman Club and Barclay Street, Eden

 

Cr Nadin asked for an update on Fisherman’s Club in Eden and what’s happening there with the removal of building rubble and what’s happening with the civil works going on at the recreational are in Barclay Street, Eden?

Chief Executive Officer, Mr Anthony McMahon took what’s happening at the Eden Fisherman’s club on notice.

Director Assets and Operations, Mr Ian Macfarlane took the civil works in Barclay Street, Eden on notice.

 

15.3

Cr Nadin - Merimbula Skatepark

 

Cr Nadin asked for an update on the Merimbula Skatepark

Chief Executive Officer, Mr Anthony McMahon took the question on notice.

 

15.4

Cr Fitzpatrick - Snug Cove (Eden) cafe containers

 

Cr Fitzpatrick asked for an update on the Snug Cove containers, we were waiting for DPI approval for the system, has that been resolved yet and will they open?

Director Community, Environment and Planning, Mrs Emily Harrison advised we are awaiting on information from the applicant to be able to finalise the s68 approval.

 

15.5

Cr Fitzpatrick - Vaping

 

Cr Fitzpatrick advised he has a lot of complaints of new shops opening up selling vaping and there seems to be no legislation around it. From my understanding there is no legislation that council has or planning legislation that is required to open a shop that sells vaping?

Director Community, Environment and Planning, Mrs Emily Harrison advised for a shop like that it is often an exempt change of use under the relevant SEPP that enables shops to change use and therefore they can sell vapes without needing any kind of approval. For that to be changed it’s a State Government process that we would have to do.

The Mayor said he has been advised there are 3 shops in Bega and 3 shops in Eden that have just popped up that are selling vapes as 90% of their product yet tobacconist have got to go through a licence process same as liquor process. So there is no process at all for selling vapes?

Chief Executive Officer, Mr Anthony McMahon advised correct that is the issue they aren’t considered in the same way as some other change of uses of shops. There’s broad principles in the SEPP that allow a lot of change of use within shops without needing approval for it but then there are also some exceptions and the selling of vapes isn’t on that list of exceptions that does require an approval for that change of use. We are aware there is starting to be more advocacy on getting that change to occur in the SEPP.

 

15.6

Cr Allen - Bushfire rebuilds

 

Cr Allen asked can Council be provided with an update on how many bushfire rebuilds have been built and are back in use?

Director Community, Environment and Planning, Mrs Emily Harrison advised As at 19 February 2024, of the 467 dwellings that were lost in the Black Summer bushfires, Council has received 141 applications for redevelopment, which is around 30%. Of these applications, 140 have been assessed and approved. Approval to commence construction has been issued for 126 of the dwellings and occupation certificates have been issued for 71 dwellings, meaning the dwelling has been fully constructed and is able to be occupied. However we know from research after natural disasters that some people choose not to rebuild. We also know that some people have sold their land and moved away either to another location with the shire or further away, which means Council loses track of this as a statistic. We also know that some people are still not ready to rebuild. Council did have a Recovery Support Service that was funded by the state government to provide case managers to work with bushfire impacted people and support their recovery and rebuilding journey, however this funding ended in December 2022 and is no longer available.  

 

15.7

Cr O'Neil - Developer Contribution Plan

 

Cr O’Neil asked when will the reviews of the future of the Developer Contribution Plan (DCP) and the consideration of whether we should have an affordable housing contribution scheme be completed and acted on and given the pressure of housing of all sorts? When can we see some change?

Director Community, Environment and Planning, Mrs Emily Harrison advised we have a workshop with councillors next week with an update to the DCP that is separate to the feasibility work being done to look at the feasibility of the affordability housing scheme. The consultant has finalised the review and we are working through the process now of getting a date to workshop that with Councillors. That will look at the feasibility of if and how we could do an affordable housing contribution scheme in the shire, there will be a decision point for Councillors following that to decide which way we go. We would like to have the work completed by end of this financial year, it will depend on the workshop and which option Councillors chose to progress with.

 

16.        Confidential Business

There was no confidential business.

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 5:05pm.

Confirmed Russell Fitzpatrick
                               
(digitally signed)

       

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 21 February 2024.