Ordinary Meeting Minutes
Held on Wednesday 17 April 2024
at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm
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PresentCr Russell Fitzpatrick, Mayor Cr Cathy Griff, Deputy Mayor Cr Tony Allen Cr Mitchell Nadin Cr Helen O’Neil Cr David Porter Cr Joy Robin Cr Liz Seckold Cr Karen Wright
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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 |
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 |
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2. |
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66/24 |
RESOLVED on the motion of Crs Allen and Seckold That the Minutes of the Ordinary Meeting held on 20 March 2024 as circulated, be taken as read and confirmed with the following amendment in red:
In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
3. Declarations
Pecuniary Interest
Chief Executive Officer, Anthony McMahon declared a pecuniary conflict of interest regarding Item 8.4 | Lot 142 DP 849377 – 64 Strathmore Crescent, Kalaru erection of a shed. Mr McMahon is the owner of Lot 142 DP 849377 – 64 Strathmore Crescent, Kalaru. A signed declaration form was tabled by Mr McMahon, he will leave the chamber when this item is discussed.
Non Pecuniary Interest
Cr Seckold declared a significant non pecuniary conflict of interest regarding Item 10.2 | Pig and Whistle Fleet Club Incorporated extension of tenure – Tathra Wharf building. Cr Seckold has supported the Pig and Whistle Fleet Club for 15 years and was Vice President for 2 years and at present is a committee member and volunteer sitter. A signed declaration form was tabled by Cr Seckold, she will remain in the chamber and note vote.
4. Public Forum
The following deputations were heard:
Item 13.1 – Review of Debt Recovery Procedure 6.06.03
· Ms Fiona Taylor – on behalf of Anglicare – FOR
· Mt Glenn Collett – Self - FOR
5. Petitions
There were no petitions.
6. Mayoral Minutes
There were no Mayoral minutes.
7. Urgent Business
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
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8.1 |
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67/24 |
RESOLVED on the motion of Crs O'Neil and Nadin 1. That Council resolve to publicly exhibit the draft Arts and Culture Plan (Attachment 1) for a period of no less than 28 days. 2. That a further report be presented to Council following the public exhibition detailing the outcomes of the exhibition. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil
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8.2 |
Draft Local Infrastructure Contribution Plan, Voluntary Planning Agreement policy and procedure |
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68/24 |
RESOLVED on the motion of Crs Nadin and Porter 1. That Council resolve to publicly exhibit the draft Bega Valley Local Infrastructure Contribution Plan, draft Voluntary Planning Agreements Policy and draft Steps in negotiation of a Voluntary Planning Agreement Procedure (Attachments 1, 2 and 3) for a minimum of 42 business days. 3. That the draft documents be reported back to council for decision which considers any submissions made during the exhibition period. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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8.3 |
9 Andy Poole Drive Tathra - 2 lot subdivision Request for Use of Clause 4.6 Exceptions to Development Standards under Bega Valley Local Environmental Plan 2013 |
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69/24 |
RESOLVED on the motion of Crs Nadin and Porter That Council: 1. Assume the concurrence of the Secretary of the Department of Planning, Housing and Infrastructure in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notify the Department accordingly. 2. Approve the variation to the minimum lot size development standard, specified under Clause 4.1 of the Bega Valley Local Environmental Plan 2013. 3. Approve Development Application 2023.112 subject to the conditions of consent provided in Attachment 1. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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8.4 |
Lot: 142 DP: 849377 - 64 Strathmore Crescent KALARU Erection of a Shed |
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Chief Executive Officer, Anthony McMahon declared a pecuniary conflict of interest regarding Item 8.4 | Lot 142 DP 849377 – 64 Strathmore Crescent, Kalaru erection of a shed. Mr McMahon he is the owner of Lot 142 DP 849377 – 64 Strathmore Crescent, Kalaru. A signed declaration form was tabled by Mr McMahon, he will leave the chamber when this item is discussed. 02:31pm Chief Executive Officer, Anthony McMahon left the meeting.
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70/24 |
RESOLVED on the motion of Crs Nadin and Wright That Council approve Development Application 2023.311 for the erection of a shed at Lot142 DP 849377, 64 Strathmore Crescent, Kalaru subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
02:33pm Chief Executive Officer, Anthony McMahon returned to the meeting.
9. Staff Reports – Assets and Operations
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9.1 |
Reporting of minutes for the Central Waste Facility Consultative Committee |
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71/24 |
RESOLVED on the motion of Crs Wright and O'Neil That Council note this report and the CWF Consultative Committee meeting minutes which are appended to this report. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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9.2 |
Safe and Secure Water Program - Merimbula Sewer Treatment Plant upgrade and Ocean Outfall project |
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72/24 |
RESOLVED on the motion of Crs Griff and Allen That Council confirm the earlier recommendation of North Short outfall at 30m diffuser depth and outfall pipe total length of 3,500m noting that recent modelling by AECOM (Australia) showed a 20m diffuser depth and shorter pipe length was environmentally sound but the risk of the Environmental Protection Authority (EPA) not approving the shorter shallower diffuser is too great to pursue further. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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73/24 |
RESOLVED on the motion of Crs Porter and Nadin That Council adopt the recommendations of the Bega Valley LTC meeting held on 5 March 2024 as outlined below: Eden Whale Festival – Eden – Saturday 19 – Sunday 20 October 2024 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, 19 October 2024 for the Eden Whale Festival Street Parade (Traffic Guidance Scheme (TGS) “A”). 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, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “B”). 3. That, subject to conditions, Imlay Street, Bass Street and Hosies Road continuing onto Aslings Beach Road, Eden to Mitchell Street, be temporarily closed from 10.35am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “C). 4. That, subject to conditions, Bass Street, Aslings Beach Road and Barclay Street, to Soccer Field be temporarily closed from 10.45am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “D”). 5. That, subject to conditions, Aslings Beach Road and Barclay Street, Eden be temporarily closed between the intersections of Lake Street and Wave Street from 10.45am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “E”). 6. That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Aslings Beach Road and Wave Street from 9.00am until 3.00pm on Saturday, 19 October 2024 for the Eden Whale Festival (TGS “F”). 7. That, subject to conditions, Imlay Street, Eden be temporarily closed between Bass Street and Chandos Street between 8.00am and 2.00pm on Sunday, 20 October 2024 for the Eden Whale Festival Hot Rod Show and Shine car display. TGS to include 40kph speed reduction signs in advance and staggered water filled barriers each end of roadblock (TGS “G”). 8. 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 TfNSW)Traffic Control Guidelines. 9. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW Training Card. 10. That organisers fully implement an approved Special Event Transport Management Plan. 11. That organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name as interested parties for the event. 12. That organisers have written Police approval prior to conducting the event. 13. That the event achieves all conditions of Council’s Use of Public Land approval. 14. 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. 15. That after the event, organisers are to clean up any rubbish or waste left behind Coast to Kosci Ultramarathon Event – Friday 22 – Sunday 24 November 2024 1. That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Guidance Scheme. 2. That the proposed arrangements involving road crossings be supervised in accordance with the current SafeWork NSW and TfNSW guidelines. 3. The event organisers liaise with local road authorities regarding the availability and safe use of the proposed routes. 4. Subject to approval of site specific TGS plans that the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS. 5. That organisers fully implement an approved Special Event Transport Management Plan. 6. That organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name as interested parties for the event. 7. 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. 8. That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road. 9. That the event organiser monitors the “Live traffic website” approximately 4 weeks prior to their event to ensure there are no road closures, other events, or road works to prevent this event from taking place. 10. That organisers have written Police approval prior to conducting the event. 11. That the event achieves all conditions of Council’s issued Approval for Use of Public Land. 12. That after the event, organisers are to clean up any rubbish or waste left behind. Bega Valley Rally – Saturday 8 – Sunday 9 June 2024 1. That, subject to conditions, Upper Cobargo Road be temporarily closed between 10.00am and 4.00pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally. 2. That, subject to conditions, Coopers Gully Road be temporarily closed between 11.15am and 4.30pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally. 3. That, subject to conditions, Buckajo Road be temporarily closed between 11.15am and 6.00pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally. 4. That, subject to conditions, Walls Flat be temporarily closed between 12.30pm and 6.30pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally. 5. That, subject to conditions, The Snake Track be temporarily closed between 8.30am and 2.00pm on Sunday, 9 June 2024 for the duration of a competitive stage of the Bega Valley Rally. 6. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW Training Card. 7. That organisers fully implement an approved Special Event Transport Management Plan. 8. 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. 9. That, organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and Transport for NSW (TfNSW) by name as interested parties for the event. 10. 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. 11. 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. 12. That signage be displayed advising of Road Closures. Randolph Street - Merimbula That Council approve the following: 1. Replace the untimed parking section (2 spaces southwest of pedestrian crossing) with 5 minutes parking (5P) and school time zone 8.00am-9.30am and 2.30pm-4.00pm (school days) 2. Current 5P signs to also read school time zone ie: 8.00am-9.30am and 2.30pm-4.00pm (school days) 3. The above is subject to FY25 budget considerations Request for Bus Zone time changes – Tarlinton Street Cobargo That Council approve to increase the bus zone times from (7:30am-9:00am and 3:30pm-4:30pm school days) to 6:00am to 6:00pm Monday-Friday. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
10. Staff Reports – Business and Governance
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10.1 |
Bega Valley Community Disaster Relief Fund (BVCDRF) 2023 Annual Report |
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74/24 |
RESOLVED on the motion of Crs Griff and Seckold That Council receive and note the Bega Valley Community Disaster Relief Fund annual report for the 2022/2023 Financial Year. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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10.2 |
Pig and Whistle Fleet Club Incorporated extension of tenure - Tathra Wharf building |
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Cr Seckold declared a significant non pecuniary conflict of interest regarding Item 10.2 | Pig and Whistle Fleet Club Incorporated extension of tenure – Tathra Wharf building. Cr Seckold has supported the Pig and Whistle Fleet Club for 15 years and was Vice President for 2 years and at present is a committee member and volunteer sitter. A signed declaration form was tabled by Cr Seckold, she will remain in the chamber and note vote. |
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75/24 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council, as Crown Land Manager of the Tathra Wharf (R180056) approve a further five-year licence agreement to the Pig and Whistle Fleet Club Incorporated for their continued occupation of the museum on the upper level of the Tathra Wharf building for an annual rental of $620.27 adjusted annually by CPI. 2. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to formalise the above course of action. In favour: Crs Fitzpatrick, Nadin, Griff, Allen, Porter, O'Neil, Robin and Wright Against: Nil Abstained: Cr Seckold |
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10.3 |
Remediation and legal obligations relating to Council owned land at Cattle Bay, Eden |
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76/24 |
RESOLVED on the motion of Crs Robin and Nadin 1. That Council approves the proposed variation of the Deed of Agreement dated 6 June 2019 as outlined in the Legal/Policy section of the report to Council dated 17 April 2024. 2. That Council authorises the Chief Executive Officer and Mayor to execute all necessary documentation to implement the above course of action. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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10.4 |
Australian Local Government Association (ALGA) 2024 National General Assembly- call for motions |
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A motion was moved by Crs Allen and Nadin 1. That the Mayor, Councillor O’Neil and the Chief Executive Officer, or their delegate attend the ALGA 2024 NGA and Australian Council of Local Government (ACLG). 2. That Motions 1-7 presented in the background of this report be forwarded to ALGA for consideration to include them as motions in the Business Paper for the ALGA National General Assembly 2024. 3. That Councillors resolve on additional motions that meet the listed principles for forwarding to ALGA for consideration to include them in the Business Paper for the National General Assembly 2024. A motion was foreshadowed by Cr Griff 1. That the Mayor, Councillors O’Neil and Griff and the Chief Executive Officer, or their delegate attend the ALGA 2024 NGA and Australian Council of Local Government (ACLG). 2. That Motions 1-7 presented in the background of this report be forwarded to ALGA for consideration to include them as motions in the Business Paper for the ALGA National General Assembly 2024. 3. That Councillors resolve on additional motions that meet the listed principles for forwarding to ALGA for consideration to include them in the Business Paper for the National General Assembly 2024. The motion was put to the vote and it was LOST In favour: Crs Nadin, Allen and Porter Against: Crs Griff, Seckold, O'Neil, Robin and Wright Abstained: Cr Fitzpatrick
The foreshadowed motion became the motion and was moved by Cr Griff and seconded by Cr Wright: 1. That the Mayor, Councillors O’Neil and Griff and the Chief Executive Officer, or their delegate attend the ALGA 2024 NGA and Australian Council of Local Government (ACLG). 2. That Motions 1-7 presented in the background of this report be forwarded to ALGA for consideration to include them as motions in the Business Paper for the ALGA National General Assembly 2024. 3. That Councillors resolve on additional motions that meet the listed principles for forwarding to ALGA for consideration to include them in the Business Paper for the National General Assembly 2024. The motion was put to the vote and it was CARRIED In favour: Crs Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil Abstained: Cr Fitzpatrick |
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77/24 |
RESOLVED on the motion of Crs Griff and Wright 1. That the Mayor, Councillors O’Neil and Griff and the Chief Executive Officer, or their delegate attend the ALGA 2024 NGA and Australian Council of Local Government (ACLG). 2. That Motions 1-7 presented in the background of this report be forwarded to ALGA for consideration to include them as motions in the Business Paper for the ALGA National General Assembly 2024. 3. That Councillors resolve on additional motions that meet the listed principles for forwarding to ALGA for consideration to include them in the Business Paper for the National General Assembly 2024. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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10.5 |
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03:26 pm Cr O’Neil left the meeting. |
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78/24 |
RESOLVED on the motion of Crs Nadin and Wright 1. That Council receive and note the report. 2. That Council approves the proposal to name the right of access road associated with Development Application 2008.0024 in Greendale as Griffin Lane. 3. That Council advertises the proposed road name, Griffin Lane, Greendale 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. 5. That Council receive and note updated Procedure 4.10.6 Road Naming. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, Robin and Wright Against: Nil Absent: Cr O’Neil |
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10.6 |
Audit, Risk and Improvement Committee Quarterly Report March 2024 |
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03:29 pm Cr O’Neil returned to the meeting. |
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79/24 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) March 2024 quarterly report. 2. That Council do not approve renumeration for ARIC members from 1 July 2024 instead continue to prioritise out of pocket expenses. 3. That Council call for Expressions of Interest (EOI) from suitably qualified and experienced members of the community to be appointed as a volunteer, independent, external member of Bega Valley Shire Council’s ARIC, following the Chair stepping down due to reaching the maximum allowable term to service as an ARIC member. 4. That Council approve the reappointment of Michael Pryke and Philip Saunders as independent representatives of its ARIC for a further four year term. 5. That Council delegate authority to the Chief Executive Officer to endorse the appointment of a new independent external member to the ARIC following a competitive EOI process. In favour: Crs Fitzpatrick, Nadin, Seckold, Allen, Porter, Robin and Wright Against: Crs Griff and O'Neil |
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10.7 |
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80/24 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council receive and note the report on Council’s investment position at 31 March 2024. 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 |
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10.8 |
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81/24 |
RESOLVED on the motion of Crs Wright and O'Neil That Council include an Ordinary Council meeting on Wednesday 8 May 2024 for the exhibition of the Integrated Planning and reporting documents. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
11. Councillor Reports
Cr Griff mentioned she attended a World Ocean Day workshop at Bega High School on Monday 8 April as part of Youth Week.
Cr Giff was impressed by the young speakers and how engaged the Bega High and Eden Marine students were. The topics were valuable for youth with very good presenters.
The Workshops were funded by Regional Youth Minister with Bega being fortunate to be chosen. An expression of interest has been expressed to seek more funding to be able to return again next year.
A brochure was circulated to Councillors earlier today.
Congratulations to the teachers and students.
12. Rescission/Alteration Motions
There were no rescission/alteration motions.
13. Notices of Motion
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13.1 |
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A motion was moved by Crs Porter and Nadin That Council review procedure 6.06.03 Debt Recovery considering the published best practices of the Office of Local Government and the Ombudsman as well as Councils Customers Service Charter and consider the following into the procedure to produce the best possible outcomes: 1. Update the policy to reflect current laws. 2. That all council communications to ratepayers who are overdue in rate payments is framed as “HOW CAN WE HELP” and includes information about applying for relief under councils hardship policy, includes contact information for financial counselling services. 3. That the threshold for commencement of any legal action be set at two complete instalments exceeding a value of $1,200. 4. That once the threshold has been reached the ratepayer is notified by two methods (e.g. post and phone call) that the account may be sent to the debt collectors for action in seven days unless they take action and clearly inform them that once it has been passed to legal they will be liable for the costs involved (stating what that cost will be). 5. That should any legal fees be charged to the ratepayers account the ratepayer will be sent notification of that charge. 6. That no legal action or legal fees will be added to a Ratepayer experiencing hardship under Council’s Financial Hardship Assistance arrangements or have already paid the outstanding balance. 7. That Council will open a channel of communication specifically for financial counsellors to communicate hardship requests of their clients. 8. That council will remove interest or other charges in accordance with policy and under advice from financial counsellors. 9. That once reviewed, the Procedure be returned to Council and placed on public exhibition. The motion was put to the vote and it was LOST In favour: Crs Nadin, Griff, Porter and Wright Against: Crs Fitzpatrick, Seckold, Allen, O'Neil and Robin |
14. Questions with Notice
There were no questions with notice.
15. Questions without Notice
04:32 pm Cr Nadin left the meeting.
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 4:34 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 17 April 2024.