PresentCr Russell Fitzpatrick , Mayor Cr Liz Seckold, Deputy Mayor
Cr Robyn Bain Cr Jo Dodds Cr Cathy Griff Cr Mitchell Nadin |
In AttendanceActing General Manager, Dr Alice Howe Director, Assets and Operations, Mr Anthony McMahon Acting Director, Community, Environment and Planning, Mr Keith Tull Director, Business and Governance, Mrs Iliada Bolton Manager Communications and Events, Ms Emily Harrison Minute Secretary, Mrs Bec Jones |
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 and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.
1. |
Apologies |
68/21 |
RESOLVED on the motion of Crs Bain and Seckold That the apology from Cr Tony Allen for the meeting of 21 April 2021 be noted. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen |
2. |
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RESOLVED on the motion of Crs Seckold and Nadin 1. That the Minutes of the Ordinary Meeting held on 31 March 2021 as circulated, be taken as read and confirmed.
2. That the minutes of the Ordinary Council Meeting of 28 October 2020 be amended as follows, due to resolution 62/21: In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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There were no declarations of interest
The following deputations were heard:
• Mr Charlie Hood
The comments and addresses from these requests were circulated to Councillors and are available on Council’s website.
There were no petitions.
6.1 |
Advocacy for disaster resilient highways in the Bega Valley Shire |
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A motion was moved by Cr Fitzpatrick That Council: 1. Write to the NSW Minster for Transport requesting an urgent meeting to discuss the Princes Highway and Snowy Mountains Highway and the need to upgrade these key routes to reduce natural disaster-related transport impacts. 2. Write to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development requesting an urgent meeting to discuss recognition of the Princes Highway as a Road of Strategic Importance for freight, disaster resilience and tourism. 3. Request that SEATS and the Canberra Region Joint Organisation also include this in their priority listings for presentations to Government. 4. Write to Minister Littleproud requesting that the most recent flood event classification be escalated to allow for additional funding to those areas impacted An amendment to the motion was proposed by Cr Bain 5. That Council meet with Snowy 2.0 to discuss the issues with Brown Mountain, and the possibility of boring a tunnel.
The amendment was accepted by Cr Fitzpatrick. |
RESOLVED on the motion of Crs Fitzpatrick
That Council: 1. Write to the NSW Minster for Transport requesting an urgent meeting to discuss the Princes Highway and Snowy Mountains Highway and the need to upgrade these key routes to reduce natural disaster-related transport impacts. 2. Write to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development requesting an urgent meeting to discuss recognition of the Princes Highway as a Road of Strategic Importance for freight, disaster resilience and tourism. 3. Request that SEATS and the Canberra Region Joint Organisation also include this in their priority listings for presentations to Government. 4. Write to Minister Littleproud requesting that the most recent flood event classification be escalated to allow for additional funding to those areas impacted.
5. Meet with Snowy 2.0 to discuss the issues with Brown Mountain, and the possibility of boring a tunnel. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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There was no urgent business.
8.1 |
Submission on proposed planning amendments to support agritourism and small-scale agriculture development |
RESOLVED on the motion of Crs Seckold and NadinThat Council: 1. Provide a formal submission (Attachment 1) to the NSW Department of Planning, Industry and Environment on the Explanation of Intended Effect: Agritourism and small-scale agriculture development. 2. Formally express an interest in adopting the proposed new model clauses, subject to resolution to the satisfaction of staff of the qualifications identified in Attachment 1. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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8.2 |
Finalisation of Secondary Dwellings and Dual Occupancies in Rural Zones Planning Proposal |
RESOLVED on the motion of Crs Bain and NadinThat Council: 1. Finalise amendments to Bega Valley Local Environmental Plan 2013 (Amendment 36) subject to the revisions detailed in Attachment 1 and in accordance with the delegations issued by the Minister for Planning and Public Spaces under Section 3.36 of the Environmental Planning and Assessment Act 1979. 2. Provide formal confirmation to the Department of Planning, Industry and Environment that it wishes to incorporate Clause 5.5 ‘Controls relating to secondary dwellings on land in a rural zone’ into Bega Valley Local Environmental Plan 2013 as detailed in Attachment 1. 3. Officers inform those who made a submission during exhibition of the Planning Proposal of Council’s resolution on this matter. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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8.3 |
2020.164 Mixed Use Development - Commercial Premises and Shop Top Housing (14 Units), Lot 52 DP 16678 21 Beach Street, Merimbula |
RESOLVED on the motion of Crs Bain and Seckold
That the matter be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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RESOLVED on the motion of Crs Fitzpatrick and Dodds1. That Council assumes the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notifies the Department accordingly. 2. That Council approves the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013. 3. That Development Application 2020.164 for Mixed Use Development – Commercial Premises and Shop Top Housing (14 Units) be approved subject to the draft conditions of consent (Attachment 5). 4. That the draft Planning Agreement for the payment of a contribution totalling $34,602 in lieu of two commercial car parking spaces on-site be approved in accordance with the Policy 4.11 Planning Agreements. 5. That people who made a submission be notified of this determination. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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8.4 |
Public Exhibition of Draft Community Lands Generic Plan of Management |
RESOLVED on the motion of Crs Nadin and Seckold1. That Council publicly exhibit of the Draft Bega Valley Shire Community Lands Generic Plan of Management (Attachment 1) for a period of not less than 42 days. 2. That the Draft Bega Valley Shire Community Lands Generic Plan of Management be provided to Crown Lands for review concurrently with the public exhibition period. 3. That a further report detailing the results of the public exhibition be provided to Council following completion of the exhibition process. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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8.5 |
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RESOLVED on the motion of Crs Bain and SeckoldThat Council support the Biamanga National Park Board’s proposal for dual naming of Mumbulla Mountain as Biamanga Mountain and Mumbulla Mountain. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen |
There were no Community, Culture and Leisure reports.
10.1 |
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RESOLVED on the motion of Crs Griff and DoddsThat Council: 1. Note the work undertaken to date by stakeholders across the Shire, and led by Bega Cheese, to develop the Bega Circular Valley Initiative (as summarised in Attachment 1). 2 Directly support the Bega Circular Valley initiative, including in-principle support to become a member of the circularity cooperative. 3 Receive a further report from staff outlining options for Council to be involved in implementation of the Bega Circular Valley initiative, including roles, responsibilities and resource implications. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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11.1 |
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A motion was moved by Crs Bain and Nadin
1. That Council note the public exhibition period to comment on the Cemetery Plan 2020 – 2030 has now closed. 2. That Council defer the cemetery plan for consideration by Councillors in the 2021-2022 budget.
The motion was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Bain, Nadin and Seckold Against: Crs Griff and Dodds Absent: Cr Allen
A motion was foreshadowed by Cr Dodds
1. That Council note the public exhibition period to comment on the Cemetery Plan 2020 – 2030 has now closed. 2. That Council resolve to adopt the Cemetery Plan 2020 - 2030 (Attachment 1). 3. That Council endorse option four (4) of the financial modelling options provided within the Cemetery Plan 2020 – 2030 to ensure the long-term sustainability of the Shire’s cemeteries. 4 That Council officers advise those that made submissions during public exhibition of Council’s decision. |
RESOLVED on the motion of Crs Bain and Nadin1. That Council note the public exhibition period to comment on the Cemetery Plan 2020 – 2030 has now closed. 2. That Council defer the cemetery plan for consideration by Councillors in the 2021-2022 budget. In favour: Crs Fitzpatrick, Bain, Nadin and Seckold Against: Crs Griff and Dodds Absent: Cr Allen |
RESOLVED on the motion of Crs Fitzpatrick and Nadin That this Item be deferred for discussion in Closed Session under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen |
11.3 |
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RESOLVED on the motion of Crs Nadin and Bain1. That Council approve, in principle, the closure of the Council public road reserve within and adjoining the Eden Sports Precinct located on lot 1 DP 603701, lot 8 and 9 DP 848111. 2. That Council commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days. 3. That if any objections are received, a further report be prepared for Council’s consideration. 4. That if no objections are received Council, by notice published in the Government Gazette, formally close the public road reserve concerned. 5. That the General Manager and Mayor be authorised to execute the necessary documentation to affect the road closure. 6. That all costs associated with the road closure process be borne by Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen |
11.4 |
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RESOLVED on the motion of Crs Bain and Seckold 1. That Council accept the recommendations outlined in the Confidential attachment. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen |
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RESOLVED on the motion of Crs Bain and Seckold2. That Council accept all compliant tenders received in relation to the services described in RFT 2021-20 Equipment Hire (Plant & Trucks) Panel. 3. That Council delegate the General Manager with the authority to execute all necessary documentation. 4. That tenderers are advised of Council’s decision In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen |
11.5 |
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RESOLVED on the motion of Crs Nadin and Bain1. The report and attachments be received and noted. 2. Subject to receipt of required permits and external funding being sourced Council proceed with adding a pontoon and shoreline access to the Blackfellows Lake Boat Ramp project.
In favour: Crs Fitzpatrick, Bain, Nadin, Seckold and Dodds Against: Cr Griff Absent: Cr Allen |
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11.6 |
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RESOLVED on the motion of Crs Bain and NadinThat Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 31 March 2021 to be tabled at the 21 April 2021 Council meeting.
Bega Valley Rally 12-13 June 2021 alternatively 2-3 October 2021RecommendationUpper Cobargo Road be temporarily closed between 8.00am and 5.00pm on Saturday, 12 June 2021 for the duration of a competitive stage of the Bega Valley Rally. Coopers Gully Road be temporarily closed between 8.00am and 5.00pm on Saturday, 12 June 2021 for the duration of a competitive stage of the Bega Valley Rally. Walls Flat and Wents Road be temporarily closed between 11.30am and 4.30pm on Saturday, 12 June 2021 for the duration of a competitive stage of the Bega Valley Rally. Buckajo Road, Spring Creek Road be temporarily closed between 11.00pm and 4.30pm on Saturday, 12 June 2021 for the duration of a competitive stage of the Bega Valley Rally. Niagra Lane / Comans Lane be temporarily closed between 12.30pm and 4.30pm on Saturday, 12 June 2021 for the duration of a competitive stage of the Bega Valley Rally. Pericoe Road be temporarily closed between 5.45am and 10.00pm on Saturday, 12 June 2021 for the duration of a competitive stage of the Bega Valley Rally. Snake Track be temporarily closed between 5.45am and 10.00pm on Saturday, 12 June 2021 for the duration of a competitive stage of the Bega Valley Rally. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation. That organisers fully implement an approved Special Event Transport Management Plan. 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. 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. That signage be displayed advising of Road Closures. That the event operates strictly under the NSW Health Department COVID19 conditions. A copy of the submission is in link below: https://begavalley.nsw.gov.au/page.asp?f=RES-DCV-40-33-15 No Stopping – adjacent Club Bega, Gipps StreetCouncil have received the following request from Club Bega: “The board of directors have asked me to contact the committee to request some signage for “No Parking” at the entrance of the club. On too many occasions, the manoeuvring in and out of the bus is problematic as cars are parked at the wide entrance. (please see marked up photo in the below link). On the marked up photo is the sort of signage I believe is required to direct attention to those who park in this area.” Council’s LTC representative has visited the site and has observed vehicles parking within close proximity of the access to the front of the Club and it’s adjoining accessible car spaces. He has also telephoned the Club Manager who has indicated they would like to see some pavement markings. However, as was explained to the Manager, signs are a more visual reminder and do not need to be repainted after a bitumen reseal takes place. The LTC Council representative has made the following recommendation. RecommendationCouncil approve the installation of a “No Stopping” zone commencing at a point 50 metres from the eastern intersection point of Gipps Street and Bega Street for a length of 24 metres. Link below to photos: https://begavalley.nsw.gov.au/page.asp?f=RES-QKJ-24-18-80 In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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11.7 |
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RESOLVED on the motion of Crs Nadin and Bain1. That Council receive and note the information in the report. 2. That Council endorse in principle the concept design for the new Pambula Sporting Complex Pavilion building. 3. That Council delegate authority to the General Manager, to endorse amendments to the design as recommended by the Project Control Group to deliver best outcomes in balancing user needs, building function and the project budget In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen |
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A motion was moved by Crs Dodds and Griff That Council: 1. Prepare and lodge submission to the Office of Local Government by 3 May 2021. 2. The submission will include the items ‘supported’ and ‘not supported’ as detailed in the report, with the exception of item c) Approval requires five days’ notice to the general manager; this provision is not supported and an alternative proposal is “Approval required by notice to the General Manager by 10am on the day of the meeting.” 3. Additional input (if any) to be received from Councillors by 23 April 2021 to be included in the submission. The motion was put to the vote and it was LOST In favour: Crs Griff and Dodds Against: Crs Fitzpatrick, Bain, Nadin and Seckold Absent: Cr Allen
A motion was foreshadowed by Crs Bain and Nadin
That Council: 1. Prepare and lodge submission to the Office of Local Government by 3 May 2021. 2. The submission will include the items ‘supported’ and ‘not supported’ as detailed in the report, with the exception of Items (b) through to (h), which are not supported. 3. Additional input (if any) to be received from Councillors by 23 April 2021 to be included in the submission. A point of order was called by Cr Dodds regarding Cr Bain’s comment “raving”. The Mayor ruled in favour of the point of order and reminded all Councillors to refrain from making derogatory and personal comments in the Chamber. The motion was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Bain, Nadin and Seckold Against: Crs Griff and Dodds Absent: Cr Allen |
RESOLVED on the motion of Crs Bain and NadinThat Council: 1. Prepare and lodge submission to the Office of Local Government by 3 May 2021. 2. The submission will include the items ‘supported’ and ‘not supported’ as detailed in the report, with the exception of Items (b) through to (h), which are not supported. 3. Additional input (if any) to be received from Councillors by 23 April 2021 to be included in the submission. In favour: Crs Fitzpatrick, Bain, Nadin and Seckold Against: Crs Griff and Dodds Absent: Cr Allen
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4:10pm Cr Nadin left the Chamber.
4:12pm Cr Nadin returned to the Chamber.
13.1 |
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RESOLVED on the motion of Crs Bain and Seckold1. That Council receive and note the attached reports indicating Council’s investment position as at 31 March 2021. 2. That Council note the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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There were no Councillor Reports.
15. Rescission/alteration Motions
There were no Rescission/alteration motions.
16.1 |
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RESOLVED on the motion of Crs Griff and SeckoldThat Staff provide a report on options to change the name of Jacksonia Grove to a name that reflects the history of the former name Bridge Road and addresses the emergency services issues that led to the change of name. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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17.1 |
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A response to Cr Allen’s Question with Notice was provided as a report in the Agenda of the Ordinary Council Meeting of 21 April 2021. |
17.2 |
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A response to Cr Allen’s Question with Notice was provided as a report in the Agenda of the Ordinary Council Meeting of 21 April 2021. |
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Adjournment Into Closed Session |
89/21 |
RESOLVED on the motion of Crs Nadin and Seckold1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 11.2 RFT 2021-93, Barclay Street, Eden Sportsground Pavilion Reason for Confidentiality This item is classified CONFIDENTIAL of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
2. That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above. 3. That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2). In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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4:22pm The live streaming and recording of the meeting ceased for the period of the Closed Session of Council.
4:43 pm The Ordinary Meeting was reconvened.
The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.
11.2 |
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RESOLVED on the motion of Crs Bain and Nadin That Council endorse the resolutions of the Closed Session to be published once all necessary negotiations are concluded. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Dodds Against: Nil Absent: Cr Allen
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There being no further business, the Chairperson closed the meeting at 4:43 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 21 April 2021.