Ordinary Meeting Minutes

Held on Wednesday 24 May 2023

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff – Apology

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin – Apology

Cr Karen Wright - Virtual

 

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Communications Officer, Mr Jeff Donne

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

 

The leave of absence of Cr Joy Robin and Cr Cathy Griff for 24 May 2023 was noted.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

1a

Cr Karen Wright virtual attendance

 

That Cr Karen Wright be supported to attend today’s Ordinary meeting virtually.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

2.

Confirmation of Minutes

65/23

RESOLVED on the motion of Crs O'Neil and Nadin

That the Minutes of the Ordinary Meeting held on 19 April 2023 and the Extraordinary Meeting held on 8 May 2023 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

3.          Declarations

Pecuniary Interest

There were no Pecuniary Interest declarations.

Non Pecuniary Interest

Cr Porter declared a Non - Pecuniary and less than significant Interest regarding Item 15.2 Cr Griff - Lighting in Tathra Country Club on the sports field? Was a Development Application required for installing the lighting? question without notice. Cr Porter advised he is an author and signatory of the grant for non-profit organisation.
A signed declaration form was tabled by Cr Porter, he will remain in the chamber.

 

4.          Public Forum

The following deputation was heard:

Item 8.3 | Finalisation of planning proposal for Market Street, Merimbula

·         Ms Angela Pearman on behalf of herself, Mr Matt Johnson and Mr Robert Green – AGAINST (Ms Pearman spoke for 15 minutes, 5 minutes for herself and 5 minutes each for Mr Matt Johnson and Mr Robert Green)

·         Mr Neil Ffrench –  AGAINST

·         Mr Nigel Ayling – on behalf of Merimbula Chamber of Commerce – FOR

·         Dr Roz Hanen – FOR

5.                 Petitions

Cr O’Neil tabled a petition containing 128 signatures regarding progress and Council to address issues at 71-91 Fairhaven Point Way, (Lot 1 DP 508232), Wallaga Lake.

·         Address the project’s ineffectiveness water runoff design and implementation to mitigate the serious environmental impacts on Wallaga Lake and the surrounding properties.

·         Provide and implement an improved safety plan for public rod/development site boundary, to property address automobile, pedestrian and cycle usage and the conservation of wildlife

·         Commit to a process going forward that provides clear communication for the Fairhaven community of the ongoing process and/or delays in project completion.

6.          Mayoral Minutes

 

6.1

Fix Brown Mountain

66/23

RESOLVED on the motion of Cr Fitzpatrick

That Council call on the NSW Government to:

1.    Undertake a route vulnerability and opportunities assessment on the Snowy Mountains Highway over Brown Mountain to identify potential alternate alignments and constraints that need to be overcome.

2.    Share all existing strategies, plans, feasibility assessments and designs that may exist for the         Snowy Mountains Highway over Brown Mountain

3.    Council request Transport for NSW to provide a schedule of remediation works

4.    Council request Transport for NSW confirm to the community that during remediation there         will be no closure of Brown Mountain

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

6.2

Damaging increase in Emergency Services Levy costs

67/23

RESOLVED on the motion of Cr Fitzpatrick

1.    Council writes to the Treasurer, the Minister for Emergency Services, the Minister for Local Government and local State Member(s):

a)       Expressing Council’s strong opposition to the NSW Government’s last minute decision to impose an enormous Emergency Services Levy (ESL) cost increase on councils for 2023/24 by scrapping the ESL subsidy for councils and at a time after Council has publicly advertised its Operational Plan and annual budget to the community;

b)      Noting that as a consequence of the unannounced 73% increase in the State Emergency Service budget and an 18% increase in the Fire and Rescue NSW budget, Council’s rate increase to provide essential community services and infrastructure has been significantly eroded.

c)       Advising that the Government’s decision may/will lead to a reduction in important local services and/or the cancellation of necessary infrastructure projects;

d)      Calling on the NSW Government to take immediate action to:

                                             i.            restore the ESL subsidy in 2023/24

                                           ii.            urgently introduce legislation to decouple the ESL from the rate peg to enable councils to recover the full cost

                                         iii.            develop a fairer, more transparent and financially sustainable method of funding critically important emergency services in consultation with local government.

2.    Council writes to the Chair of the Independent Pricing and Regulatory Tribunal (IPART) advising that Council’s forced emergency services contribution is manifestly disproportionate to the 2023/24 rate cap, which has resulted in additional financial stress.

3.    Council writes to the President of LGNSW seeking the Association’s ongoing advocacy to bring about a relief in the burden of Councils’ emergency services contribution.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

7.          Urgent Business

There was no urgent business.

8.          Staff Reports – Community, Environment and Planning

 

8.1

Bega Showground - Demolition of buildings Lot 1 Section 49 DP758076, Upper Street, Bega

68/23

RESOLVED on the motion of Crs Allen and Seckold

That Council:

1.    Approve Development Application 2022.190 for the demolition of buildings at the Bega Showground, as detailed in the Applicant’s Statement of Environmental Effects, subject to the conditions of consent provided in Attachment 1.2.         

2.    Notify those who made a submission of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

8.2

Tura Marrang Library and Community Centre ground floor redevelopment

 

A motion was moved by Crs Nadin and Porter

That Council do not progress the development application and maintain the ground floor as storage space for the gallery and library service.

A motion was foreshadowed by Crs Fitzpatrick and Allen

That Council:

1.    Notes this report and the progress made on the redevelopment of Tura Marrang Library and Community Centre

2.    Resolves to lodge the development application based on the plan at Attachment 2 to seek approval for the use of the ground floor as leasable commercial and/or community use and library and gallery storage

3.    Calls for expressions of interest from organisations and/or businesses who are interested in leasing the spaces if a development consent is provided and prior to the redevelopment commencing, and that this use is based on a financial return to Council

4.    Endorse staff to seek grants to allow for construction to occur, if a development consent is provided

5.    Notes that the results of the EOI and future funding options for the redevelopment will be reported to Council prior to the redevelopment commencing

6.   That staff provide specific information on the merits or otherwise of funding works at Tura Murrang Library in the report that presents the 2023/24 draft budget to council for finalisation

The motion was put to the vote and it was LOST

In favour:             Crs Nadin, Porter and Wright

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

Absent:                    Crs Griff and Robin

A point of order was called by Cr O’Neil against Cr Nadin.

The Mayor ruled there was no point of order.

The foreshadowed motion became the motion and was put to the vote and it was CARRIED

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

Against:                  Crs Nadin, Porter and Wright

Absent:                    Crs Griff and Robin

 

69/23

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council:

1.    Notes this report and the progress made on the redevelopment of Tura Marrang Library and Community Centre

2.    Resolves to lodge the development application based on the plan at Attachment 2 to seek approval for the use of the ground floor as leasable commercial and/or community use and library and gallery storage

3.    Calls for expressions of interest from organisations and/or businesses who are interested in leasing the spaces if a development consent is provided and prior to the redevelopment commencing, and that this use is based on a financial return to Council

4.    Endorse staff to seek grants to allow for construction to occur, if a development consent is provided

5.    Notes that the results of the EOI and future funding options for the redevelopment will be reported to Council prior to the redevelopment commencing

6.    That staff provide specific information on the merits or otherwise of funding works at Tura Murrang Library in the report that presents the 2023/24 draft budget to council for finalisation

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

Against:                  Crs Nadin, Porter and Wright

Absent:                    Crs Griff and Robin

 

 

8.3

Finalisation of planning proposal for Market Street, Merimbula

 

A point of order was called by Cr Nadin.

The Mayor ruled there was no point of order.

70/23

RESOLVED on the motion of Crs Allen and Porter

That Council:

1.    Support the planning proposal to amend the Bega Valley Local Environmental Plan 2013 to         change the height of buildings limit at 29-33 Market Street, Merimbula (Attachment 1) to 18         metres.

2.    Finalise the Planning Proposal, as delegated by the Minister, following execution of the         Voluntary Planning Agreement and registration on the titles.

3.    Endorse and delegate authority for the Chief Executive Officer to prepare a draft Voluntary         Planning Agreement between Bega Valley Shire Council and the Applicant, in accordance with       the proposed: widening of the Market Street public domain by 3m; provision of street         beautification works; and provision of an alleyway access between Market Street and the         Palmer Lane carpark, as detailed in Attachments E and F to the planning proposal, and to         exhibit the draft Agreement for 28 days in accordance with statutory and policy         requirements.

4.    Endorse and delegate authority for the Chief Executive Officer to finalise and execute the         Voluntary Planning Agreement between Bega Valley Shire Council and the Applicant, subject         to no significant objections on the Agreement being received during exhibition.

5.    That all costs for negotiating, preparing, executing and registering the planning agreement         are borne by the Applicant.

6.    Advise those who made a submission during exhibition of the planning proposal of Council’s         resolution on this matter.

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

Against:                  Crs Seckold and O'Neil

Absent:                    Crs Griff and Robin

 

 

9.          Staff Reports – Assets and Operations

 

9.1

Bega Valley Local Traffic Committee

71/23

RESOLVED on the motion of Crs Porter and Nadin

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 4 April 2023 and tabled at the 24 May 2023 Council meeting.

1.    Coast to Kosci Ultramarathon Event – 1-3 Dec 2023

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 Transport for NSW 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 Plan.

5.    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.

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

7.    That organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega   Valley Shire Council, NSW Police and Transport for NSW by name for the event.

8.    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.

9.    That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road.

10.  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.

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

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

13.  That after the event, organisers are to clean up any rubbish or waste left behind.

14.  That the event operates strictly under the NSW Health Department COVID19 conditions.

2.    Coast to Kosci Ultramarathon Event – 22-24 Nov 2024

1.    That, due to restrictions with the approval process under the Special Event Guidelines, the event cannot be approved this far in advance due to potential legislative changes between approval and the event date. This event will be bought forward to April 2024 LTC meeting.

3.    WinterSun Festival – 10 June 2023

1.    That, subject to conditions, a section of Market St from Hylands Corner to Merimbula bypass traffic lights (excluding Park St/bypass and Monaro St) and Beach St up to but not including Alice St be temporarily closed between 9.00am and 9.00pm on Saturday, 10 June 2023 for the WinterSun Festival.

2.    That the proposed traffic arrangements involving the temporary closure of Market St from Hylands Corner to Merimbula bypass traffic lights (excluding Park St/bypass and Monaro St) and Beach St up to but not including Alice St for the WinterSun Festival on Saturday, 10 June 2023, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

3.    That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW 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 Force and Transport for NSW (TfNSW) by name for the event.

6.    That organisers have written NSW Police approval prior to conducting 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 after the event, organisers are to clean up any rubbish or waste left behind.

9.    That the event operates strictly under the NSW Health Department COVID19 conditions.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

9.2

Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study

72/23

RESOLVED on the motion of Crs Seckold and Nadin

1.    Council receives and notes the Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study and its attachments.

2.    Council endorses the staging and delivery priorities of the scoping and feasibility study for the Bega and Brogo Rivers catchment areas and notes any implementation only be undertaken as part of an overall catchment wide strategy as outlined in the adopted 2018 Bega and Brogo Rivers Floodplain Risk Management Plan.

3.   Council note there is not currently provision for whole of life cost allocations to account for any new assets in the currently adopted long term financial plan but relevant grant programs are available to assist future implementation.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.        Staff Reports – Business and Governance

 

10.1

Licence agreement renewal for Pambula Village Community Garden Incorporated

73/23

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council approve tenure of five (5) years to Pambula Village Community Garden Incorporated for their continued occupation of part Lot 16 DP 1204078 at Merimbola Street, Pambula for $6,750 plus GST per annum less a rental rebate of 83%. This equates to a starting rental of $1,262.25 per annum.

2.    That Pambula Village Community Garden Incorporated be responsible for the payment of all costs associated with the extension of tenure.

3.    That Council authorises the Chief Executive Officer to execute all necessary documentation to provide the extension of tenure.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.2

Disposal of Lot 277 DP 752154 - Decommissioned Dignams Creek fire shed

74/23

RESOLVED on the motion of Crs O'Neil and Allen

1.    That Council appoint a suitably qualified surveyor, by competitive quotation process, to determine the boundaries of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek.

2.    That Council appoint a registered valuer, by competitive quotation process, to provide Bega Valley Shire Council with a formal market valuation for Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek.

3.    That Council appoint a suitably qualified Real Estate Agent, by competitive quotation process, to represent Bega Valley Shire Council’s interests in divesting Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek by public auction, private treaty, or expression of interest pending the outcome of recommendations 1 and 2.

4.    That Council delegate authority to the Chief Executive Officer to determine the suitability of Lot 277 DP 752154 for divestment and enter into a suitable agency agreement with the successful real estate agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek.

5.    That all offers be brought back to Council for final resolution.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.3

Request for Tender (RFT) Regional Events Activation Strategy and Prospectus

75/23

RESOLVED on the motion of Crs Nadin and O'Neil

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

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

Against:                  Nil

Absent:                    Crs Griff and Robin

76/23

RESOLVED on the motion of Crs Nadin and O'Neil

2.    That Council accepts the tender from Silver Lining Strategy in relation to contract for the works described in tender RFT 2223-084, in the amount of $292,860 (excluding GST).

3.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

4.    That all tenderers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.4

Community Strategic Plan Update

77/23

RESOLVED on the motion of Crs O'Neil and Allen

1.    Council participates in a CRJO regionally coordinated project to refresh the 2042 Community Strategic Plan in collaboration with the member Councils of the CRJO.

2.    Undertake community engagement on the CSP 2042 refresh prior to the Local Government election in 2024.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.5

Certificate of Investment April 2023

 

03:21 pm      Cr Nadin left the meeting.

 

78/23

RESOLVED on the motion of Crs Allen and O'Neil

1.    That Council receive and note the report on Council’s investment position at 30 April 2023.

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

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

Against:                  Nil

Absent:                    Crs Nadin, Griff and Robin

 

 

10.6

Quarterly Budget Review Statement (QBRS) March 2023 Q3

 

03:26 pm      Cr Nadin returned to the meeting.

 

79/23

RESOLVED on the motion of Crs Allen and Porter

1.    That Council receive and note the March 2023 Quarterly Budget Review Statement.

2.    That the budget recommendations detailed in the attachment to this report be adopted.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.7

Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees

80/23

RESOLVED on the motion of Crs Allen and Porter

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2023 to 30 June 2024 to be $21,730.

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2023 to 30 June 2024 to be $47,420.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.8

Review of Procedure 6.06.01 Financial Hardship Assistance

81/23

RESOLVED on the motion of Crs O'Neil and Nadin

That Council:

1.    Endorse attachment 2 of this report ‘DRAFT Procedure 6.06.01 Financial hardship assistance’ noting the recommended tracked changes and place on public exhibition.

2.    That if no submissions are made during the public exhibition, attachment 2 of this report, procedure 6.06.01 financial hardship assistance, be adopted.

3.    If submissions are received, that a further report be provided to council to consider the submissions prior to adoption.

4.    Renew its call for the state government to fully fund pensioner rate rebates, and commit to writing to the local state member to pursue an immediate increase in NSW Pensioner Rate Concession, noting that the discount has not been increased since 1993.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.9

Proposal to become a member of the Bega Valley Circularity Co-operative

82/23

RESOLVED on the motion of Crs Nadin and Seckold

That Council delegate the Chief Executive Officer to negotiate and enter into the most appropriate from of non-binding agreement with the Regional Circularity Co-operative to facilitate Council’s continued involvement with the Bega Valley Circularity Initiative.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.10

Actions from resolutions of Council - Progress Report

83/23

RESOLVED on the motion of Crs Nadin and Allen

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

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

3.    That Councillors provide the Chief Executive Officer requests for updates on specific actions from resolutions and a report on the updates be provided

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

 

10.11

Appointment of Council Delegate to South East Arts Advisory Committee

 

Staff withdrew the recommendation, there was no motion, so the item lapsed.

 

 

10.12

14 June 2023 Council meeting

84/23

RESOLVED on the motion of Crs Allen and O'Neil

That Council cancel the 14 June 2023 Council meeting due to three Councillors attending the National General Assembly conference in Canberra noting there is also a second Council meeting in June 2023.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

 

13.1

Strengthening Business Entrepreneurs Programme

85/23

RESOLVED on the motion of Crs O'Neil and Fitzpatrick

This Council commends the action of the Eden Chamber of Commerce, Eden Community Access Centre and Eden Recovery and Resilience Alliance with "Strengthening Business Entrepreneurs Programme" to bring community, business and three levels of government together to look at pathways to develop jobs, careers and enterprises in marine industries including an Eden Marine Centre of Excellence and the council commends Chambers of Commerce, Volunteer Organisations, Rotary Lions club, CWA Community Pantries, Op shops, Sporting clubs and Community groups and thanks for their support they provide to the community and their assistance building understanding of the opportunities.

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

Against:                  Nil

Absent:                    Crs Griff and Robin

 

14.        Questions with Notice

 

14.1

Cr Porter - Seeking a report outlining works done to improve our communities resilience to natural disasters, particularly bushfires since the Tathra Bushfires

 

A response to Cr Porter’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 24 May 2023 with the response as follows:

There have been numerous actions taken across a broad range of areas to improve our communities resilience since the Tathra Bushfires. Staff will prepare an overview of the actions taken in a report which may take some time due to current workloads.

 

 

14.2

Cr O'Neil - Seeking information on Development Applications

 

A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 24 May 2023 with the response as follows:

As at 15 May 2023, Council had 254 undetermined DAs including a large number of priority DAs. 154 were under active assessment. Of these, 8 were being assessed through the Department of Planning and Environment’s (DPE) Housing Flying Squad and 2 through DPE’s expert assessment pathway. The Southern Regional Planning Panel (SRPP) is the determining authority for 4 of the DAs under active assessment.

Council currently has significant staffing shortages in the planning services team, with four positions currently vacant. This equates to 40% of the team and is impacting the time it takes to assess DAs.

We are actively recruiting however there is a state-wide skills shortage. We have employed contract planners and development engineers where possible, however we still have a significant resource gap.

Council’s customer service charter outlines target assessment timeframes for development applications as follows: Fast track development (including bushfire dwelling rebuilds) within 20 days, general development within 60 days and major development within 120 days. The current mean assessment timeframe for all application types combined is 140 days, however this depends on the complexity of the development and completeness of the application.

The elected Council’s adopted DA priorities include bushfire rebuilds, employment generating DAs, and a number of identified housing and tourism projects for the Local Aboriginal Land Councils. Staff are also drafting an affordable housing priority definition as per an action in the Bega Valley Affordable Housing Strategy. Once finalised, this will be provided to Council for approval.

Council also has a shortage of building certifiers, and only one certifier with A1 accreditation, which is placing further strain on development once a DA is approved if Council is appointed as the principal certifier.

As with many industries, costs in the building industry are continuing to rise. As such, protracted DA assessment timeframes are having an impact on developers’ costs and overall project timeframes, however staff need to ensure each application is adequately reviewed to ensure all planning and environmental impacts are assessed and managed.

Protracted assessment timeframes also expose Council to deemed refusal claims in the Land and Environment Court. These cases take staff time away from assessing DAs to prepare briefs for solicitors and participate in legal proceedings.

 

 

14.3

Cr O'Neil -  What is the current status of major Development Applications submitted that are dependent on funding provided by state and/or federal government?

 

A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 24 May 2023 with the response as follows:

Council is aware of a number of DAs that are dependent on state or federal government funding. Some of these projects align with the elected Council’s adopted priorities.

The following is an update on the key DAs staff are aware of that are linked to government funding:

·         Butter and Yogurt Factory, Gilberts Road, Verona (DA 2022.16): Construction of a rural industry. Development consent was issued on 14 April 2023.

·         Cobargo Community Development Corporation (DA2022.364, DA2022.365, DA2022.366): These three DAs are under active assessment and will be reported to Council for determination in line with Council procedure 3.01.1, Reporting of Development Applications to Council. At this stage, we are aiming to meet the 28 June 2023 Council meeting, however this is dependent on additional information being provided by the applicant and further assessment of the issues. 

·         Cobargo Resilience Centre (DA2022.308): This DA is under active assessment. Pending additional information being provided by the applicant, we are aiming to determine the DA under staff delegation by 28 June 2023.

·         Bega Showground redevelopment: DA2022.190 for the demolition of some buildings on the Bega Showground site has been assessed and provided to Council for determination at the 24 May 2023 Council meeting. DA2022.453 for the build of a new community centre at the Bega Showground site is under assessment and will be determined by the Southern Regional Planning Panel. The panel will be undertaking a site visit and briefing on 30/31 May 2023. A public meeting may be required by the panel depending on the number of objections received. Public notification closes on 29 May 2023.

·         Wanderer Festival (DA2023.85): Public notification closes on 29 May 2023. The development is classed as Integrated Development with the NSW RFS, and a number of referrals are required including to National Parks, NSW Police and Crown Lands. It is not yet known if staff can determine the DA under delegation or whether it will be reported to Council for determination under Council procedure 3.01.1, Reporting of Development Applications to Council.

·         Bega Sporting Complex (DA2022.279): The DA has been submitted and notified, however there was a time delay whilst owners consent was obtained from Crown Lands. Staff will brief the Southern Regional Planning Panel on 30 May 2023. The Assessment Report is being finalised. 

·         Bega Local Aboriginal Land Council (DA 2023.72): A DA for a community facility, garden centre, light industry and vehicle repair station at Applegum Close, Bega achieved lodgement on 20 April 2023. The application has been assigned to a planner; notification and referrals are currently being arranged.

·         Eden Local Aboriginal Land Council (DA 2023.61): A DA for multi dwelling housing at Maling Street, Eden achieved lodgement on 19 April 2023. The application has been assigned to a planner; notification and referrals are currently being arranged.

 

15.        Questions without Notice

 

15.1

Cr O'Neil - Can I have an update on working with community groups on the volunteer strategy?

 

A response to Cr O’Neil’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 24 May 2023 with the response as follows:

Volunteering is one of many focus areas of the Community Development, Halls and Cemeteries team within Council. While Council does not currently have a ‘volunteering strategy’, nor the resources to develop one, we have a number of projects underway that aim to support and encourage volunteering both within Council and more broadly in the community.

Council volunteering

Council has over 300 volunteers working across a range of Council areas, including halls, sports fields, environmental services, the gallery, libraries, cemeteries, Montreal Goldfields, the Access and Inclusion Advisory Committee and the Affordable Housing Implementation Group (among others).

Volunteers are managed by the relevant functional area within Council. The number and type of volunteers is limited by the capacity of those areas to support them. There are very limited funds identified in the budget to support Council volunteers. Funding generally covers basic personal protective equipment (PPE) and meeting expenses (where relevant).

Some functions, such as the library and gallery, continue to attract high numbers of volunteers, however other areas, such as the Montreal Goldfields and some hall committees, are currently struggling to attract volunteers.

In 2022, Council staff undertook a detailed workshop with key areas across Council to identify how Council can better support volunteers. The workshop identified the high value of Council volunteers as well as inconsistencies across the organisation with how they were being managed. 

Following this, the Community Development, Halls and Cemeteries team has commenced a project to review and streamline all documentation and processes in place for Council volunteers, develop a new handbook for Council volunteers, provide updated website resources for potential volunteers, and develop resources for volunteer supervisors. The project will also identify areas for future, continued improvement.

Council was also recently awarded $97,800 under the NSW Government’s Social Cohesion Grants for Local Government Unsung Heroes – Innovation in volunteering program to support volunteers working in our hall committees. This grant will fund a part time project officer to support Council’s hall committees to encourage volunteerism in the halls and their local communities. The project will also support the committees to activate their halls through a community event, and to develop an action plan to guide their future efforts. The project will be completed by March 2024.

Additionally, the Community Development, Halls and Cemeteries team is currently reviewing the look and feel of the Community Directory—an online community information database that provides the ‘go to’ place for information on local community groups and non-profit organisations—and will undertake a promotional campaign in 2024 once the directory is refreshed. The directory includes the capacity for groups to self-nominate their need for volunteers.

There is also a small amount ($16,000) in the proposed 2023/24 budget to support community volunteering. This is allocated to the promotion of National Volunteer Week, costs associated with engaging volunteers on Council projects and committees, and the ongoing hosting and maintenance of the Community Directory.

Community volunteering

Council is currently working with the Foundation for Rural and Regional Renewal (FRRR) on a grant funded project, funded by the Australian Government, to support the not-for-profit (NFP) sector.

Part of this funding will be used to coordinate and manage a volunteer expo in September this year to encourage volunteerism within the community. The expo aims to promote the exceptional and rewarding work being undertaken by volunteers, and showcase the opportunities for those who may be considering volunteering in future.

The project with FRRR also includes supporting existing volunteers in the NFP sector through providing free courses (funded by the grant) for people working in the NFP sector, many of them volunteers. These courses will start in a few months and run until the end of 2023.

The FRRR project is funded until February 2024 and includes funding for 2 Council staff on fixed term contacts.

Resourcing

While we recognise the incredible flow-on value of volunteering to the community, the capacity of the Community Development team, with only one permanent community development officer, is extremely limited when considered alongside other priorities. Council is primarily reliant on grant funding opportunities to support community volunteering. All current programs cease by March 2024 and the team will continue to look for opportunities to support the sector into the future.

The current work to review our volunteering resources and processes (as referenced above under ‘Council volunteering’) will be completed within existing resources. However, any future/continued improvements will require further investment through budget or staff time to implement. This will be considered in the development of future budgets and operational plans.

 

 

15.2

Cr Griff -  Lighting in Tathra Country Club on the sports field? Was a Development Application required for installing the lighting?

 

Cr Porter declared a Non - Pecuniary and less than significant Interest regarding Item 15.2 Cr Griff - Lighting in Tathra Country Club on the sports field? Was a Development Application required for installing the lighting? question without notice. Cr Porter advised he is an author and signatory of grant for non profit organisation.
A signed declaration form was tabled by Cr Porter, he will remain in the chamber.

A response to Cr Griff’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 24 May 2023 with the response as follows:

A development application (DA2019.115) was submitted and subsequently approved on 17 June 2019 for the lighting on the sports field at the Tathra Country Club. The determination is available on the DA Tracker on the Council website at: https://datracker.begavalley.nsw.gov.au/application/ApplicationDetails/010.2019.00000115.001/

 

15.3

Cr Fitzpatrick - What avenues are open for property owners, who may wish to sub divide their properties?

 

Cr Fitzpatrick asked what avenues are open for property owners, who may wish to sub divide their properties , but their property is not part of Councils Current Rural Residential Strategy. Is there a pathway for them to allow their properties to be subdivided?

Cr Fitzpatrick advised he is regularly approached by people who wish to assist their children in home ownership. Most of these live on properties over 5 acres or greater but only have one building entitlement and not permitted to sub divide. However they personally could construct a 2nd dwelling for themselves to rent out under current legislation. This requires the parents to borrow and many at their age do not wish to as seen by stats that show that 43% of home owners in the Bega Valley do not have a mortgage.

This does not allow their children to use the land as equity and build their own home and obtain a mortgage.

We have a Housing crisis were the cost of purchasing land and then building is getting out of reach when income levels are taken into account. Also the cost of an established home in most of our coastal towns is totally out of reach. But allowing the parents to subdivide and gift a portion of their land would then allow the children to obtain a mortgage and construct their own home.

Director Community, Environment and Planning, Emily Harrison took the question on notice.

 

15.4

Cr Seckold - Seeking an update on the issues in Fairhaven Point Way

 

Cr Seckold said “today council was presented with a petition regarding issues in Fairhaven Point way. I spoke a few months ago with Director Community Environment and Planning, Emily Harrison on this matter, can Council please have an update where these issues are up to?

Director Community, Environment and Planning, Emily Harrison advised Staff have been working with the contractor over a number of months and have visited the site again earlier this week.

We have identified a number of actions regarding environmental controls and have issued instructions to the developer. Staff will continue to work with the developer to ensure the controls are implemented.

It’s important to note that the site is under a stop work order due to heritage issues, and as such some of the previous controls implemented are no longer having the desired effect due to changes to the site caused by environmental factors while the development has been on hold.

 

15.5

Cr Nadin - Seeking an update on application for money for the Merimbula Skatepark

 

Cr Nadin asked for an update on the process of the application for the money of the election promise for the skatepark in Merimbula?

Chief Executive Officer, Anthony McMahon advised this has not progressed very far. We have limited resources in our parks, aquatics and recreation section due to a combination of resignations and maternity leave. A number of other grant programs that align with previously identified priorities of council are where Council’s resource efforts have been applied in recent time

Cr Nadin asked, should we write to the local MP and ask if there can be a simplified way to get the grant funds? We are not in a position to be able to fulfill the criteria in the application request.

Chief Executive Officer, Anthony McMahon advised staff did highlight that we believe we cannot deliver on the grant application process. He advised Council can send a letter to local member to seek assistance to get the application completed within the timeframe by reviewing application requirements.

 

 

16.        Confidential Business  

There was no confidential business.

Statement of Re-Commencement of Live Streaming

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.

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 3:53 pm.

Confirmed Russell Fitzpatrick
                               
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 24 May 2023.