Ordinary  Meeting Minutes

Held on Wednesday 18 March 2020

At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2.00 pm

 


 Present

Cr Kristy McBain, Mayor

Cr Sharon Tapscott, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Liz Seckold

 In Attendance

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager, Communication and Events, Mr Ian Campbell

Minute Secretary, Mrs Bec Jones

 

 

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.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Acknowledgement of Traditional Custodians of Bega Valley Shire

The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the Traditional Custodians of the lands and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.

 

 

 

 

Statement by the Mayor

The Mayor made a statement acknowledging the 2 year anniversary of the Tathra and District fires and the ongoing impact on communities impacted by the fires of 2018.

The Mayor stated:

·         Many people have been impacted again by the recent fires and recovery takes time, and can be inconsistent.

·         Two years is still a short time to adapt to the new situation created by disaster.

·         Communities impacted by the 2018 fires continue to support each other to rebuild their lives

·         Council is using our learnings from the 2018 bushfire to guide our response to  all bushfire affected communities. We plan to establish an ongoing recovery support team based on the Tathra and District model.

·         Some people from Tathra, Vimy Ridge and Yankees Gap have been reaching  out to support others impacted by the recent fires. For others  this is a time of to focus on their own self-care.

·         Council  will continue to support their  recovery in partnership with Primary Health Network, Coordinare

·         Carol Bunt has joined the team and will be leading this work

·         There will be a coffee and chat at Blend  in Tathra on 10am Thursday 19 March 2020. will be an informal gathering. All welcome.

·         We understand that some people will need some extra support or help at the moment – if this is you, we encourage you to be in contact with us, your GP or service

 

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

31/20

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting held on 19 February 2020 as circulated, be taken as read and confirmed.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

 

3.        Declarations

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary but less than significant interest regarding Item 12.7 Audit, Risk and Improvement Committee Recruitment on the basis that he serves as a Board Director with one of the applicants on a Public Company.

Cr Fitzpatrick will remain in the Chamber and not take part in debate and voting.

 

4.              Public Forum

           Report by Mayor of deputations heard prior to the meeting

                   There were no deputations heard prior to the meeting.

5.        Petitions

                   There were no petitions.

 

 

A Point of Order was called by Cr Nadin regarding The Mayoral Minute.

The Mayor ruled in favour of the point of order and Item 6.1 was moved to be considered as a Notice of Motion at Item 16.2.

6.        Mayoral Minutes

Item - 6.1 Business growth opportunities - has been moved to Item 16.2 Notice of Motion.

6.2

COVID-19 Update

32/20

RESOLVED on the motion of Crs McBain and Seckold

That Council staff provide a report to update Council on the Business Continuity Plan for pandemic and the associated Health and Safety Pandemic and related Council and local government matters to the meeting on 8 April 2020.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

 

7.          Urgent Business

7.1

Movement of Items on the Agenda

33/20

RESOLVED on the motion of Crs Dodds and Griff

That Items 12.4 and 12.6 of the Ordinary Council Meeting Agenda of 18 March 2020 be brought forward to be dealt with prior to Item 8.1 of the Ordinary Council Meeting Agenda of 18 March 2020.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

12.4

Australian Local Government Association (ALGA) 2020 National General Assembly - call for motions

 

A point of order was called by Cr Bain regarding Cr Dodds’ comment regarding cool burns.

Cr McBain ruled against the point of order.

 

A point of order was called by Cr Bain regarding Cr Dodds’ comment regarding cool burns.

Cr McBain ruled in favour of the point of order.

 

34/20

RESOLVED on the motion of Crs Griff and Dodds

1.    That the Mayor, Cr Dodds and Cr Griff and the General Manager, or her delegate attend         the ALGA 2020 NGA  from 14-17 June 2020 in Canberra.

2.    That the following Motions for the ALGA National Assembly 2019 be forwarded to ALGA         for consideration for inclusion in the Business Paper for the National General Assembly:

 

Cr Cathy Griff

Motion

National Objective

Summary of Key Arguments

That the General Assembly urge the Federal Government to include in the National Waste Policy a timeline to phase out and ban single use plastic bags.

 

Waste minimisation and recycling in the interests of environment and economy.

 

The government held a National Plastics Summit on 2nd March in Canberra, which was addressed by the Prime Minister and also ALGA’s president. There was much discussion about allocation of the $1.5 billion of waste levies to deliver local infrastructure. Given there is only a year before waste export ban on mixed plastics comes into effect, a range of solutions are urgently needed. Local communities are keen to reduce plastic waste. Federal leadership is needed for a strong stand to ban single use plastic bags – as has been achieved in over 130 countries worldwide.

 

 

That the General Assembly call on the Federal Government to take immediate action to hasten financial relief promised to bushfire effected businesses and individuals.

 

Disaster recovery; Social cohesion; rural well-being.

 

Federal and State governments have announced a range of initiatives to assist those suffering the impact of last summer’s catastrophic bushfires. The reality is support has been slow to reach those in desperate need; guidelines are unclear; and responsibility is being shifted between different levels of government. The Federal Government could make the process far simpler and speedier by directing rebates through for example the ATO or via GST.

 

 

That the General Assembly request the Federal Government to continue funding of the Bushfire and Natural Hazards Cooperative Research Centre

 

Environment and Climate Change; disaster recovery

 

The CRC is under threat of being defunded next June at a time when such expertise is vital to several government bushfire inquiries underway. The CRC brings together all emergency service authorities with research partners in universities, Bureau of Meteorology and relevant scientific fields with the goal of building disaster resilient communities. The national research effort generated by this body is more important than ever to Australian communities facing the hazards including fires, storms, and heatwaves.

 

That that National General Assembly advocate to the Federal government to support and fund relevant Indigenous organisations to work with land management agencies to develop and increase hazard reduction 'cool burns'.

Environment - Addressing natural national disasters; input to Royal Commission into National Natural Disasters

Following the unprecedented fires of last summer the country is seeking multiple avenues for diminishing future bushfire threats. Cultural Burning as practiced by First Nations People for centuries offers one possible means to harness skills which manage hazard reduction in specific locations. Further research into such methods merit investigation and funding to trial new programs.

 

In favour:             Crs Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

 

 

 

12.6

Bushfire Inquiry and Royal Commission

 

A  motion was moved by Cr Dodds and Griff

1.    That Council note the proposed submissions to the Royal Commission into the Black Summer         Bushfires and the NSW Independent Bushfire Inquiry.

2.    That amendments to “Attachment 1 Bushfire Inquiry and Royal Commission – Submission” be         included as follows:

Page 7 “Causes and Factors”

·         Add another cause and factor “That the impacts of climate change on bushfire conditions be recognised as an ongoing and increasingly significant factor in the risks to community from bushfire.”

 

Page 7 “Solution”

·         Include an additional solution “That Council acknowledge the role of climate change on the extreme weather and drought in impacting bushfire seasons.”

·         Add an additional solution “That Council continue to advocate to State and Federal Government for measures which mitigate against increasing greenhouse gas emissions, and for measures that increase our capacity for adaptation.”

 

A motion was foreshadowed by Cr Nadin

That Council note the proposed submissions to the Royal Commission into the Black Summer Bushfires and the NSW Independent Bushfire Inquiry.

A point of order was called by Cr Dodds regarding Cr Allen’s comment “blame game” whilst speaking against the motion.

Cr McBain ruled against the point of order.

A motion was moved by Crs Nadin and Bain

That the motion be put.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

A point of order was called by Cr Nadin regarding Mayor McBain’s ruling of Cr Dodds’ right of reply.

Cr McBain ruled against the point of order.

 

35/20

RESOLVED on the motion of Crs Dodds and Griff

That Council note the proposed submissions to the Royal Commission into the Black Summer Bushfires and the NSW Independent Bushfire Inquiry.

That amendments to “Attachment 1 Bushfire Inquiry and Royal Commission – Submission” are included as follows:

 

Page 7 “Causes and Factors”

·         Add another cause and factor “That the impacts of climate change on bushfire conditions be recognised as an ongoing and increasingly significant factor in the risks to community from bushfire.”

 

Page 7 “Solution”

·         Include an additional solution “That Council acknowledge the role of climate change on the extreme weather and drought in impacting bushfire seasons.”

·         Add an additional solution “That Council continue to advocate to State and Federal Government for measures which mitigate against increasing greenhouse gas emissions, and for measures that increase our capacity for adaptation.”

In favour:             Crs Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

 

 


 

8.          Staff Reports – Planning and Environment

 

8.1

Planning Proposal for Rural Residential Land South Pambula

36/20

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.           That Council submit the Rural Residential Land South Pambula Planning Proposal (Attachment 1) to the Department of Planning, Industry and Environment for Gateway Determination.

3.           That following Gateway Determination, the Planning Proposal be placed on public exhibition.

4.           That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the Planning Proposal are required to address submissions received during the exhibition period.

5.           That should no material changes to the Planning Proposal be required in response to submissions received during the exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

 

8.2

Delisting of fire destroyed local heritage items

37/20

RESOLVED on the motion of Crs Tapscott and Bain

That Council:

1.    Supports a planning proposal to remove local heritage listing of properties where the major structure has been destroyed by bushfires and removal of listing is supported by the property owner.

2.    Authorises Council officers to forward the planning proposal (Attachment 1) after removing Lot 1 DP 1169111 and Lot 1 DP 306281 and amending the detail in relation to Lot 10 DP 750206 to retain the heritage listing of the graves site and supporting information to the Department of Planning, Industry and Environment requesting expedition of the  Gateway Determination under section 3.22 (1)(c) of the Environmental Planning and Assessment Act 1979.

3.    Authorises Council officers, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required, to progress the planning proposal to finalisation and gazettal without a further report to Council.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

 

 

 

 

 

 

 

8.3

Erection of Dual Occupancy & Carport 1060 Furners Road, Mogilla

38/20

RESOLVED on the motion of Crs Bain and Seckold

That Council:

1.    Assumes the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of BVLEP 2013.

2.    Approves the variation to Clause 4.2D(2)(c) to permit erection of a dwelling and carport to create a detached dual occupancy as proposed on Lot 18 DP 882669, 1060 Furners Road, Mogilla.

3.    Approves the Development Application subject to the draft Conditions of Consent (Attachment 4).

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

8.4

Exhibition of Draft Local Strategic Planning Statement

 

A motion was moved by Crs Bain and Allen

That the exhibition of the Draft Local Strategic Planning Statement be deferred and Council request the Department of Planning for an extension to the deadline of 30 June 2020.

 

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold, Tapscott and Dodds

 

An amendment was proposed by Cr Nadin

1.    That the public exhibition period be increased to 60 days.

2.    That a workshop with Councillors be arranged within the 60 day exhibition period.

 

The amendment was not accepted by Cr Bain.

 

A motion was foreshadowed by Cr Tapscott and Seckold

 

1.    That Council resolve to publicly exhibit the draft Local Strategic Planning Statement (Attachment 1) for not less than 42 days.

2.    That Council officers prepare a further report to Council following conclusion of the exhibition period.

 

3:27pm         Cr Dodds left the meeting

 

An amendment was proposed by Cr Nadin

 

That Council resolve to request an extension to the Department of Planning for deferral, and if it is not accepted, the document is immediately placed on public exhibition for a period of not less than 42 days without a further Council resolution

 

The amendment was denied.

A motion was foreshadowed by Cr Nadin

 

1.    That Council resolve to request an extension to the Department of Planning for deferral of 6         months, due to the impact of the Coronavirus on community consultation, and if it is not         accepted, the document is immediately placed on public exhibition for a period of not less         than 42 days without a further Council resolution.

 

2.    That Council officers prepare a further report to Council following conclusion of the         exhibition period.

 

A point of order was called by Cr Bain when Cr Tapscott was exercising her right of reply regarding consultation with community groups.

The Mayor referred to Dr Howe.

Dr Howe confirmed it is correct that only Councillors have seen the full document, and also that all of the stakeholders mentioned by Cr Tapscott have had input into the document.

 

A point of order was called by Cr Bain regarding Cr Tapscott’s statement that most “18-35 year olds do have email or phone.”

Mayor McBain ruled in favour of the point of order.

Cr Tapscott amended her statement.

 

 

Officer’s Recommendation

1.    That Council resolve to publicly exhibit the draft Local Strategic Planning Statement (Attachment 1) for not less than 42 days.

2.    That Council officers prepare a further report to Council following conclusion of the exhibition period.

In favour:             Crs Griff, McBain, Seckold and Tapscott

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

Absent:                    Cr Dodds

Cr McBain used her casting vote FOR the motion and it was CARRIED

 

 

 

 

 

 

 


 

9.          Staff Reports – Community, Culture and Leisure

 

9.1

Renew Our Libraries Phase Two

39/20

RESOLVED on the motion of Crs Griff and Seckold

That Council:

1.    Endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries Phase Two.

2.    Make representation to the Member for Bega in relation to the need for sustainable funding from the NSW State Government for the provision of public library services through the inclusion of new funding arrangements in library legislation.

3.    Write to the Minister for the Arts and the Shadow Minister for the Arts, calling for bi-partisan support for indexation of funding for NSW public libraries, as well as legislation of all elements of the current NSW library funding model.

4.    Endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

5.    Formally advise the NSW Public Libraries Association and Local Government NSW of Council’s decision regarding the public library funding advocacy initiative.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

 


 

10.        Staff Reports – Economic Development and Business Growth

 

10.1

Requests for financial assistance - Eden Visitor Information Centre and Merimbula Tourism

 

A motion was moved by Crs Allen and Nadin

That Item 1 of the recommendation be dealt with separately.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

A motion was moved by Crs Nadin and Griff

That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre.

An amendment was proposed by Cr McBain

That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre from the Southern Phones Dividend.

The amendment was not accepted by Cr Griff.

The motion was put the vote and it was LOST

In favour:             Crs Seckold and Griff

Against:                  Crs Fitzpatrick, Bain, Nadin, McBain, Tapscott and Allen

Absent:                    Cr Dodds

 

A motion was foreshadowed by Crs McBain and Nadin

 

That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre from the Southern Phones Dividend.

 

The motion was put to the vote and it was LOST

In favour:             Crs Nadin, McBain and Tapscott

Against:                  Crs Fitzpatrick, Bain, Seckold and Allen

Absent:                    Cr Dodds

Cr Nadin proposed an amendment to the motion

 

That the matter be deferred for a further report to Council from Eden Tourism.

The amendment was not accepted by Cr McBain.

 

 

41/20

RESOLVED on the motion of Crs Allen and Seckold

2.            That Council decline the request by Merimbula Tourism for financial assistance to cover electricity payments at the Merimbula Visitor Information Centre.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 


 

11.        Staff Reports – Infrastructure Waste and Water

4:13pm         Cr Nadin left the meeting

4:13pm         Cr Griff left the meeting

4:16pm         Cr Nadin returned to the meeting

 

11.1

Sapphire Aquatic Centre access

42/20

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.    That Council receive and note the report.

2.    That Council make an application to NSW National Parks and Wildlife Service to pursue revocation of the road from the park under Section 188C of the National Parks and Wildlife Act 1974 (NSW).

3.    That Council authorise the General Manager to execute all necessary documentation relating to the revocation of the road from the park under Section 188C of the National Parks and Wildlife Act 1974 (NSW).

4.    That Council receive a report regarding additional land from Ben Boyd National Park to become part of the sporting complex area.

In favour:             Crs Fitzpatrick, Bain, Nadin, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Crs Dodds and Griff

 

 

11.2

Creation of drainage easement at 248 Auckland Street, Bega

43/20

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council enter into a formal Deed of Agreement with the landowners of lot 711 DP 853096 at 248 Auckland Street, Bega for the acquisition of an easement for stormwater drainage.

2.    That all costs associated with the stormwater drainage improvement works and the creation and grant of the easement including Council’s legal    costs, survey work, plan preparation and registration fees be borne by Council.

3.    That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect creation of the easement.

In favour:             Crs Fitzpatrick, Bain, Nadin, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Crs Griff and Dodds

 

 

4:18pm         Cr Griff returned to the meeting


 

11.3

Bega Valley Local Traffic Committee

44/20

RESOLVED on the motion of Crs Bain and Nadin

That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 4 March 2020 to be tabled at the 18 March 2020 Council meeting.

ANZAC Day March & Service 2020 – Eden.

We have received the paperwork for the Eden ANZAC day march.

The submission is for the 2020 ANZAC Day Service in Eden.  The participants will assemble from 10.00am, with the march to proceed between 10.00am and 12.00pm along Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden.

It is recommended:

1.    That the proposed traffic arrangements for the Eden RSL Sub Branch ANZAC Day March on Thursday, 25 April 2020 be approved and deemed a Class 2 Special Event.

2.    That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Thursday, 25 April 2020 for the Eden Sub Branch ANZAC Day March, in accordance with the Traffic Control Plans.

3.    Approval to be given subject to a current Public Liability Insurance Certificate.

Attachment for ANZAC Day Eden in link below

Merimbula 40th Anniversary Jazz Festival – 5-8 June 2020

A submission has been received for the 2020 Merimbula Jazz Festival which is proposed to include:

·    The Jazz Festival Street Parade;

·    The Jazz Festival “StreetFest”; and

·    The Jazz Festival “Lakeside Lantern Walk”

        which will all be held on Saturday, 6 June 2020.

The three events are proposed to be dealt with separately.

Merimbula Jazz Festival – Street Parade

Participants will assemble on a closed section of Merimbula Drive, Merimbula from 10am, adjacent to the Caltex Service Station. The parade will commence at 10.30am, with sections of Merimbula Drive, Market Street and Beach Street being temporarily closed for the duration of the parade. 

Beach Street will remain closed between the Market Street and Alice Street intersections until 12pm for performances on a temporary stage in the Beach Street car park. It is proposed that the Beach Street car park will be closed from 6am on the day, to discourage vehicles from parking in the area.

It is recommended:

1.         That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10.00am and 12.00pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival street parade.

2.         That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival street parade and performance.

3.         That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival street parade and performance on Saturday, 6 June 2020, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

4.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

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

6.         That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event.

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

Merimbula Jazz Festival – StreetFest

it is proposed to close of a section of Market Street between the intersection of Merimbula Drive and Beach Street. This proposed area will include the pedestrian signals. Following the music recital the section of Market Street between Merimbula Drive and Beach Street is proposed to remain closed until 8.00pm to facilitate the Jazz Festival “StreetFest” which will showcase buskers, bands, street stalls and other festival related activities.

It is recommended:

1.         That, subject to conditions, a section of Market Street between the intersection of Merimbula Drive and Beach Street, Merimbula be temporarily closed between 10.00am and 8.00pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival “StreetFest”.

2.         That, subject to conditions, Market, Merimbula between the intersections of Merimbula Drive and Beach Street be temporarily closed between 10.00am and 8.00pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival “StreetFest”.

3.         That the proposed traffic arrangements involving the temporary closure of Market Street, Merimbula for the Merimbula Jazz Festival “StreetFest” on Saturday, 6 June 2020, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

4.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

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

6.         That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event.

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

Merimbula Jazz Festival – Lakeside Lantern Walk

It is proposed that on the 6 June a parade for local pre-school and primary school children carrying homemade lanterns will proceed along the footpath from Spencer Park and finishing at the intersection of Market and Beach Street. The children will be under the control of teachers, parents and other responsible adults.

It is recommended:

As the proposed Lakeside Lantern Walk will utilise the existing footpath network, there is no formal approval required.

Attachment for Jazz Festival in link below

Mother’s Day Fun Run – Sunday, 10 May 2020

A submission has been received from the Rotary Club of Merimbula to hold the Merimbula Mother’s Day Classic Fun Run on Sunday, 10 May 2020 between 8.30am and 1.00pm. The event involves a 5km and 10km course and does not require any road closures. The participants will be confined to footpaths and are required to give way to traffic. As a precaution, start times are staggered to reduce congestion and Marshalls will be employed in the locations where participants are required to cross the road, to ensure safety and minimise impact on traffic flow.

It is recommended:

1.         That the proposed arrangements involving public footpaths contained in road reserves in Main Street, Beach Street, Market Street, Fishpen Road, Marine Parade and Ocean Drive, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 10 May 2020 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

2.         That the proposed arrangements involving road crossings at the Fishpen Road/Marine Parade intersection, Marine Parade/Chapman Avenue intersection, Fishpen Road/Calendo Court intersection and Fishpen Road/Burton Avenue intersection, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 10 May 2020 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

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

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

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

7.         That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

8.         That event organiser liaises with public transport operators

Attachment for Mother’s Day Fun Run in link below

Removal of Bus Signage St Patricks Primary School

This was discussed with members of the Local Traffic Committee as an informal item, then moved to Council Delegated Functions. We have received a request to have the bus sign removed from the entrance of the school on Belmore Street.  This is no longer used as a bus stop but as a main thoroughfare to the school. The bus stop has been relocated to Gipps Street (in front of school hall).

It is recommended:

Council approve the removal of the existing Bus Zone on Belmore Street, Bega adjacent the Saint Patricks School.

Attachment of photo in link below

Road safety on Upper and Parker Street Bega

A CRM request was received from Michael Cortis in regards to poor line of sight for pedestrians and mobility scooter users at the intersection of Parker and Upper Street Bega.

It is recommended:

Council approve the relocation of the existing Loading Zone on Upper Street, Bega adjacent Bega Park to 20 metres to the east and change the loading zone to 6am to 6pm.

Attachment of email in link below

Wolumla Public School (late agenda item)

It is recommended:

Council approve the removal of the existing No Stopping zone adjacent to the Wolumla Public School.

Council approve the installation of a 15 minute parking zone between the hours of 8.30am to 9.30am and 3pm to 4pm Monday to Friday School Days for a length of 96 metres commencing at a point 22 metres east of the centreline of Bellbird Crescent.

Council approve the extension of the existing School Bus Zone adjacent the Wolumla Public School to be a total length of 50 metres and change the zone to a timed zone, 9am – 4pm Monday to Friday School Days.

Attachment of updated drawing in link below

Cobargo Post Office 15 minute parking zone (post meeting agenda item)

It is recommended:

That Council approves the installation of a 15 minute time restricted parking zone (8.30am-6pm Monday to Friday and 8.30am to 12.30pm on Saturdays) on the eastern side of the Princes Highway, Cobargo adjacent the Cobargo Post office, starting at a point adjacent the southern end of the existing “No Stopping” zone for a distance of 12 metres southerly along the frontage of the Cobargo Post Office.

Attachment of photos in link below

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

 

 

 

 

 

 

 

 

 

 

12.        Staff Reports – Governance and Strategy

 

12.1

Community Strategic Plan and Survey

45/20

RESOLVED on the motion of Crs Griff and Seckold

1.    Council participate in a CRJO coordinated project to develop a Regional Community Strategic         Plan in collaboration with the member Councils of the CRJO.

2.    Council support the development of a joint Regional Wellbeing Survey that includes data         collection on community satisfaction in collaboration with the member Councils of the         CRJO.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

12.2

Adoption of amendments to the Code of Meeting Practice

46/20

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That the draft Code of Meeting Practice exhibited from 9 December 2019 to 16 February 2020 be formally adopted.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

12.3

Classification of land acquired by Council

47/20

RESOLVED on the motion of Crs Bain and Nadin

That Council give notice of its intention to classify Lot 312 DP 728092 at 16 Strudwicks Road, Bermagui as operational land under section 34 of the Local Government Act 1993 (NSW).

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

Item - 12.4 Australian Local Government Association (ALGA) 2020 National General Assembly - call for motions - has been moved to be considered before Item 8.1.

 

12.5

Office of Local Government Discussion Paper - Councillor Superannuation

48/20

RESOLVED on the motion of Crs Bain and Allen

That no submission be provided to the Office of Local Government in regards to the Councillors superannuation discussion paper.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

Item - 12.6 Bushfire Inquiry and Royal Commission - has been moved to be considered before Item 8.1.

12.7

Audit, Risk & Improvement Committee Recruitment

 

 

Cr Fitzpatrick declared a non-pecuniary but less than significant interest regarding Item 12.7 Audit, Risk and Improvement Committee Recruitment on the basis that he serves as a Board Director with one of the applicants on a Public Company.

Cr Fitzpatrick remained in the Chamber and did not take part in debate and voting.

49/20

RESOLVED on the motion of Crs Tapscott and Seckold

1.    That Council endorse the appointment of Mr Mick Pryke, Mr Phil Saunders and Mr Phil Cotterill as the    new independent, external members to the Audit, Risk and Improvement Committee.

2.    That Council support the amendment to the ARIC Charter to include a non-disclosure clause         as a responsibility of members.

In favour:             Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Abstained:             Cr Fitzpatrick

Absent:                    Cr Dodds

 

13.        Staff Reports – Finance

 

13.1

Finalisation of Mayoral Appeal Fund

50/20

RESOLVED on the motion of Crs Tapscott and Seckold

That Council note the report on the finalisation of the Tathra and District Mayoral Appeal Fund.  

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

 

4:34 Cr Tapscott left the meeting

4:36 Cr Tapscott returned to the meeting

 

13.2

2018-2019 Financial Statements

51/20

RESOLVED on the motion of Crs Fitzpatrick and Seckold

The 2018-2019 Audited Financial Statements be adopted and authorise for the publishing on Council’s website and hard copies be placed in Council’s libraries.

In favour:             Crs Fitzpatrick, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Crs Bain and Nadin

Absent:                    Cr Dodds

 

 

14.      Councillor Reports

15.      Rescission/alteration Motions

16.      Notices of Motion

 

16.1

Bushfire Protection State Environmental Planning Policy

 

An amendment was proposed by Cr Tapscott

 

That the Bega Valley Shire Council request the Minister for Planning and the NSW Government to immediately introduce a Bushfire Protection State Environmental Planning Policy (SEPP) with parameters that consider APZs and hazard reduction, whilst considering the value of the local environment.

 

The amendment was denied by Cr Fitzpatrick.

 

52/20

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That the Bega Valley Shire Council request the Minister for Planning and the NSW         Government to immediately introduce a Bushfire Protection State Environmental Planning         Policy (SEPP) in those bushfire prone identified areas of the State, which would streamline         the process for property owners to clear vegetation and fuel load on their land within the         criteria to be developed by the RFS to protect them from potential bushfires, irrespective of         the zoning on that land.

2.    That the resolution be included in Page 11 of the Royal Commission and NSW Independent          Bushfire Inquiry submission under Landuse Planning Management Building Standards as an         additional solution.

In favour:             Crs Fitzpatrick, Bain, Nadin, McBain, Seckold, Tapscott and Allen

Against:                  Cr Griff

Absent:                    Cr Dodds

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

16.2

Business growth opportunities

 

A motion was moved by Crs Allen and Nadin

That Item 1 of the recommendation be dealt with separately.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

5:20pm         Cr Bain left the meeting

5:24pm         Cr Bain returned to the meeting

 

A motion was moved by Crs Allen and Bain

 

That Council do not receive a report on the best way to incentivise commercial development through a dedicated planner, reduced fees, and/or rates.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Seckold, McBain, Tapscott and Griff

Absent:                    Cr Dodds

 

The Mayor used her casting vote AGAINST the motion and it was LOST

 

A motion was foreshadowed by Crs Tapscott and Nadin

 

That Council conduct a Councillor Workshop on the best way to incentivise commercial development within the Economic Development Strategy.

 

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

A motion was foreshadowed by Cr Nadin

 

That Council conduct a Councillor workshop on ways to incentivise commercial development.

 

 

 

53/20

RESOLVED on the motion of Crs Tapscott and Nadin

 

That Council conduct a Councillor workshop on the best way to incentivise commercial development within the Economic Development Strategy.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

54/20

RESOLVED on the motion of Crs Tapscott and Bain

That Council workshop the following items as part of the Economic Development Strategy:

1.    Reducing the trade waste and sewer discharge factor and the impacts of doing this.

2.    Opportunities to attract business through continued advocacy to the State Government to         reduce State based fees to assist to relocate businesses to the area, including working         closely with the NSW Regional Investment Coordinator to bring business opportunities to   fire         affected regions.

3.    Resourcing required to finalise the Industrial Lands Strategy and immediately move to         discussions with land owners to develop that land or seek grant funding from State and         Federal Government to develop that land.

4.    Any other Council lead opportunities that would aid in giving current businesses and/or         attracting additional businesses and investment to the Shire.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

 

17.      Questions with Notice

17.1

Community Infrastructure Sports Program

 

A report on this item will be prepared for Council consideration at a future meeting.

 

18.        Confidential Business

There was no confidential business.

19.        Noting of Resolutions from Closed Session

   There was no noting of resolutions from closed session.

20.        Declassification of reports considered previously in closed session

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

Closure

There being no further business, the Chairperson closed the meeting at 5:47 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 18 March 2020.