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PresentCr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter
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In AttendanceChief 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 |
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.
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, 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 |
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2. |
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17/25 |
RESOLVED on the motion of Crs O'Neil and Porter That the Minutes of the Ordinary Meeting held on 19 February 2025 as circulated, be taken as read and confirmed, with the following amendment, indicated in red strikethrough: In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
There were no declarations of interest
The following deputation were heard:
Item 8.4 – Development of a Local Approvals Policy for Moveable Dwellings
· Ms Roslynne Hansen – AGAINST
· Mr Michael Brosnan – AGAINST
· Mr David Gallan – AGAINST – On behalf of Tathra Uniting Church
Item 10.5 – Report on Status of Committee Memberships
· Mr Ben Hobill - AGAINST
Item 13.1 - Fluoridation of the Shires water supply
· Mr Fraser Buchanan – FOR
· Ms Maria Claudianos – FOR
· Mr Rob Slazenger - FOR
Item 13.3 - Merimbula Central Business District (CBD) playground
· Mr Greg Ryzy - FOR
5. Petitions
Cr Nadin tabled a petition containing 208 signatures regarding “Save Our Playground” to send a strong message to the Bega Valley Shire Council to save and upgrade our park.
6. Mayoral Minutes
There were no Mayoral minutes.
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
8.1 |
Endorsement of planning proposal to extend the natural disaster clause |
18/25 |
RESOLVED on the motion of Crs Nadin and Haggar That Council: 1. Support a planning proposal to amend the natural disaster clause in Bega Valley Local Environmental Plan 2013. 2. Endorse submission of the planning proposal (Attachment 1) to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979. 3. Subject to the conditions of the Gateway Determination and providing no changes to the planning proposal are required or objections received, progress the planning proposal to finalisation and gazettal without a further report to Council. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
8.2 |
Planning Proposal for Rural Residential Rezoning at Mount Darragh Road, Lochiel |
19/25 |
RESOLVED on the motion of Crs Nadin and O'Neil 1. That Council resolve to support the planning proposal to rezone and amend the minimum lot size of the site at Mt Darragh Road (parts of Lot 5 DP750207 and Lot 1 DP130034). 2 That Council endorse submission of the planning proposal (Attachment 1) and supporting information to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979. 3. That following Gateway Determination, the planning proposal be placed on public exhibition. 4. That Council endorse, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council. In favour: Crs Daly, Haggar, Mudaliar, Nadin, O'Neil and Porter Against: Crs Allen, Fitzpatrick and Noble |
8.3 |
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02:38 pm Cr Nadin left the meeting. 02:39 pm Cr Nadin returned to the meeting. |
20/25 |
RESOLVED on the motion of Crs O'Neil and Daly 1. That Council places the draft Affordable Housing Contribution Policy (Attachment 1) on public exhibition for a period of 42 days. 2. That a further report be presented to Council on submissions received following the public exhibition. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil Against: Nil Abstained: Crs Nadin and Porter |
8.4 |
Development of a Local Approvals Policy for moveable dwellings |
21/25 |
RESOLVED on the motion of Crs Daly and Haggar That Council: 1. Note the report regarding development of a Local Approvals Policy for moveable dwellings. 2. Note staff will present a draft Local Approvals Policy to Council for review and consideration at a later date. 3. Council commit to investigate pathways to support crisis accommodation providers to increase the supply of such crisis accommodation within the Bega Valley Shire, including discussing the LAP draft with the NSW Department of Planning and report back to Council. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
8.5 |
Subdivision of land into 4 allotments - Lot: 21 DP: 843223 - 88 Kerrisons Lane BEGA |
22/25 |
RESOLVED on the motion of Crs Nadin and Porter That Council: 1. Defer consideration of Development Application 2022.352 for a 1 into 4 lot subdivision at Lot 21 DP 843223, 88 Kerrisons Lane, Bega to allow the Applicant to provide additional information to support the application, as requested by the Applicant. 2. Receive a further report at a later date, once any additional information has been received and assessed accordingly. 3. Advise the Applicant and Submitter of Council’s decision in relation to this matter. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
9. Staff Reports – Assets and Operations
9.1 |
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23/25 |
RESOLVED on the motion of Crs Nadin and Daly That Council adopt the recommendations of the Bega Valley LTC meeting held on 4 February 2025 as outlined below: ANZAC Day March and Service – Eden - Friday 25 April 2025 2. That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Friday, 25 April 2025 for both Eden ANZAC Day marches, in accordance with the Traffic Guidance Schemes. 3 That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road. a. The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access. b. At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient. 4. Subject to approval of site-specific Traffic Guidance Scheme (TGS) that the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS. 5. That the event organiser arranges the pick-up and drop off on any signage used from Council. 6. That after the event, organisers are to clean up any rubbish or waste left behind. ANZAC Day March and Service – Cobargo - Friday 25 April 2025 1. That the proposed traffic arrangements for the Cobargo ANZAC Day march on Friday, 25 April 2025 be approved and deemed a Class 1 special event. 2. That sections of Cobargo-Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Friday, 25 April 2025 for the Cobargo ANZAC Day march, in accordance with the TGS. 3. That the temporary closure of the Princes Highway, Cobargo is solely for Transport for NSW (TfNSW) Road Occupancy Licence determination. 4. That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road. a. The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access. b. At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient. 5. The event be subject to approval of site specific TGS. 6. That the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS. 7. That the event organiser arranges the pick-up and drop off on any signage used through Council. 8. That after the event, organisers are to clean up any rubbish or waste left behind. ANZAC Day March and Service – Candelo - Friday 25 April 2025 2. That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Friday, 25 April 2025 for the Candelo ANZAC Day service, in accordance with the TGS. 3. That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road. a. The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access. b. At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient. 4. The event be subject to approval of site specific TGS. 5. That the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS. 6. That the event organiser arranges the pick-up and drop off on any signage used through Council. 7. That after the event, organisers are to clean up any rubbish or waste left behind. ANZAC Day March and Service – Bermagui - Friday 25 April 2025 2. That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Friday, 25 April 2025 for the Bermagui ANZAC Day march. 3. That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road. a. The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access. b. At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient. 4. The event be subject to approval of a site specific TGS. 5. That the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS. 6. That the event organiser arranges the pick-up and drop off on any signage used through Council. 7. That after the event, organisers are to clean up any rubbish or waste left behind ANZAC Day March and Service – Bega, Bemboka and Tathra - Friday 25 April 2025 2. Those sections of Council roads at Auckland Street and Carp Street in Bega be temporarily closed on Friday, 25 April 2025 for the Bega ANZAC Day proceedings, as per the TGS. 3. Bega Morning: That the proposed traffic arrangements for the Bega ANZAC Day morning march and service be approved and deemed a Class 2 Special Event. 4. Those sections of Council roads at Gipps Street and Carp Street in Bega be temporarily closed on Friday, 25 April 2025 for the Bega ANZAC Day proceedings, as per the TGS. 5. Tathra: That the proposed traffic arrangements for the Tathra ANZAC Day dawn and morning march and service be approved and deemed a Class 2 Special Event. 6. Those sections of Council roads at Bega Street service road in Tathra be temporarily closed on Friday, 25 April 2025 for the Tathra ANZAC Day proceedings, as per the TGS. 7. Bemboka: That the proposed traffic arrangements for the Bemboka ANZAC Day march and service be approved and deemed a Class 1 Special Event. 8. That sections of TfNSW roads at Loftus Street in Bemboka be temporarily closed on Friday, 25 April 2025 for the Bemboka ANZAC Day proceedings, as per the TGS. 9. That the temporary closure of the Snowy Mountains Highway, Bemboka and Road Occupancy Licence is solely for TfNSW determination. 10. That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road: a. The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access. b. At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient. 11. That the event is subject to approval of current site specific TGS. 12. That the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS. 13. That the event organiser arranges the pick-up and drop off on any signage used through Council. 14. That after the event, organisers are to clean up any rubbish or waste left behind In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
9.2 |
Request for Tender (RFT) 2425-070 Design and Construction of Bridges Project Management Services |
24/25 |
RESOLVED on the motion of Crs Allen and Nadin 2. That Council delivers the three remaining bridges funded under the Fixing Country Bridges grant scheme using staff resources and therefore that external consultant project manager services will not be required. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
9.3 |
Pambula Showground Crown Reserve Tennis Courts and Sports Facilities - Crown Land Management Proposal |
25/25 |
RESOLVED on the motion of Crs Allen and Nadin That Council advises the NSW Department of Planning, Housing and Infrastructure that Bega Valley Shire Council does not wish to be appointed as Crown Land Manager for sporting assets at the Pambula Showground Crown Reserve. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10. Staff Reports – Business and Governance
10.1 |
Australian Local Government Association (ALGA) 2025 National General Assembly - call for motions |
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03:22 pm Cr Porter left the meeting. 03:24 pm Cr Porter returned to the meeting. |
26/25 |
RESOLVED on the motion of Crs Nadin and Daly 1. That the Mayor, Councillors Haggar and Noble and the Chief Executive Officer, or their delegate attend the Australian Local Government Association National General Assembly 2025 incorporating the Regional Cooperation and Development Forum. 2. That Motions 1-5 presented in the background of this report be forwarded to the Australian Local Government Association for consideration to include them as motions in the Business Paper for the Australian Local Government Association National General Assembly 2025. 3. That Councillors resolve on additional motions as required that meet the listed principles for forwarding to Australian Local Government Association for consideration to include them in the Business Paper for the National General Assembly 2025. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10.2 |
Australian Local Government Association (ALGA) 2025 Federal Election Funding Priorities |
27/25 |
RESOLVED on the motion of Crs Nadin and Allen It is resolved that Council: 1. Supports the national federal election funding priorities identified by the Australian Local Government Association (ALGA) in addition to reinstating Financial Assistance Grants to a level equivalent to 1% of federal tax revenue; and 2. Supports and participates in the Put Our Communities First federal election campaign; and 3. Writes to the local federal member(s) of Parliament, all known election candidates in the seat of Eden Monaro and the President of the Australian Local Government Association expressing support for ALGA’s federal election funding priorities. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10.3 |
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28/25 |
RESOLVED on the motion of Crs O'Neil and Haggar 1. That Council notes the value of outstanding debt owed by Top Class Constructions. 2. That Council delegates authority to the Chief Executive Officer to write off the debt should it be deemed not recoverable following the recommended course of action detailed in this report. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10.4 |
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29/25 |
RESOLVED on the motion of Crs O'Neil and Mudaliar That Council endorse the draft Sapphire Coast Vision and Platform for Growth, attachment 1 this report. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10.5 |
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30/25 |
RESOLVED on the motion of Crs Nadin and Haggar 1. Clarify that the Central Waste Facility (CWF) community consultation committee includes three community members and that if less than three community nominations are received from new community members then community members who have previously been on the committee can be reappointed. 2. That Council hold a workshop on procedures within committees In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10.6 |
Audit, Risk and Improvement Committee Quarterly Report January 2025 |
31/25 |
RESOLVED on the motion of Crs Nadin and O'Neil That Council receive and note the Audit, Risk and Improvement Committee (ARIC) quarterly report from the January 2025 meeting. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10.7 |
Delegations from Council to the Mayor, Chief Executive Officer and Committees |
32/25 |
RESOLVED on the motion of Crs Nadin and Noble 1. That Council place the new draft policy ‘6.28 delegations’ on public exhibition for period of 28 days and accept submissions from the community for a 42-day period. 2. That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited document be adopted and published on Council’s website. 3. That Council adopt the revised manual for delegations from Council to the Mayor, CEO, and Committees. 4. That Council adopt the proposed instrument of delegation for the CEO. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10.8 |
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33/25 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council receive and note the report on Council’s investment position at 28 February 2025. 2. That Council notes the certification of the Responsible Accounting Officer. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter 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 |
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34/25 |
A motion was moved by Crs Porter and Noble That Council write to the NSW Secretary for Health, Susan Pearce and request the following information: a. An updated position of the State Government with regards to the safety and long term health effects of mass Fluoridation in water supplies. b. That the State Government provide facts based evidence that can debunk the finding of the US courts, specifically the case of Food and Water Watch et al. v. United States Environmental Protection Agency et al. 17-cv-02162-EMC c. Given the new information related to the potential dangers of fluoride, at what level of fluoridation (mg per litre) in water supplies does the NSW Government guarantee is completely safe from any negative effects to consumers, especially children and pregnant women. d. That the response is reported back to council. In favour: Crs Nadin, Noble and Porter Against: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil |
13.2 |
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35/25 |
RESOLVED on the motion of Crs Porter and Allen 1. That staff report back to Council on options for grant funded improvements to the electronic signage, crossing underpass, or any other way to improve the safety of motorists at the cattle crossings across the Bega Valley. 2. That council advocate to the Federal and State Government for a funding program to address road safety at cattle crossings in Regional NSW. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
13.3 |
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36/25 |
RESOLVED on the motion of Crs Nadin and Porter 1. That staff seek quotes for a replacement playground of a similar type and scale that can be relocated or reused should the playground be moved to a new location in the future. 2. That staff seek quotes to repair the existing playground to enable a further 2-5 years of asset life. 3. That staff provide a report to Council outlining the above 2 options and potential funding sources. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
14. Questions with Notice
15. Questions without Notice
There was no confidential business.
There was no noting of resolutions from closed session.
There was no declassification of reports considered previously in closed session.
There being no further business, the Chairperson closed the meeting at 4:52 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 19 March 2025.