Summary of June Ordinary Council Meeting

Published on 16 June 2023

Councillors met in Bombala yesterday for the June Ordinary Council Meeting.

Councillor Peter Beer had a leave of absence. Councillor Mitchell attended by audio-visual link.

There were six speakers at the public forum:

• Council’s Team Leader Youth Capacity Building John Graham provided an update on the Youth Council, and the process underway to formally change the name of the body to the Youth Advisory Committee.
• Belinda Streete requested formal support from Council to fly a ‘Pride and Progress’ flag at Council locations during times of significance for the LGBTQI+ community.
• Tim Spokes outlined both his own and his local community’s opposition to the proposed caravan park and campground at the Jindabyne Equestrian Resort.
• Lee Friend spoke on the same topic as Mr Spokes.
• Maree Stevenson spoke on the same topic as Mr Spokes and Ms Friend.
• Mel Kroenert spoke in support of his development application for the construction of a three-unit multi-dwelling strata development in Jindabyne.

There was one disclosure of interest:

Cr Frolich disclosed an interest in item 8.3, as a company of which she is an owner/director provides paid services to the applicant and owner of the property subject to the development application under consideration.

This disclosure means Cr Frolich had to recuse herself from any discussion on this item.

Matters dealt with by exception:

There were nine matters dealt with by exception.

• 7.1 – [Minutes from] Ordinary Council Meeting held on 18 May 2023
• 7.2 – [Minutes from] Closed Session of the Ordinary Council Meeting held on 18 May 2023
• 7.3 – [Minutes from] Extraordinary Council Meeting held on 1 June 2023
• 9.2.3 – RMCC Works Program budget adjustment
• 9.3.2 – Organisational Performance Report - May 2023
• 9.3.3 – Locality Boundary Adjustment - Bibbenluke and Ando
• 9.3.4 – Post Exhibition - Recreation and Open Space Strategy
• 9.3.5 – Update to Donations and Sponsorship Policy
• 9.3.7 – Three Rivers Estate - Constellation Theme Road Naming Proposal

The following matters were discussed at the meeting:

8.1 – Development Application 10.2022.150.1 - Addition of a 75 Permanent Site Caravan Park to Existing Hotel

That Council, pursuant to section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended) refuse DA 10.2022.150.1 for the use of the site as a caravan park on Lot 8 DP 1245126 2 Hilltop Road HILL TOP NSW 2628 for the following reasons:

1. Information provided is insufficient to satisfy the standards of Clause 7.9 (Essential services) of the Snowy River Local Environmental Plan 2013.

2. Information provided is insufficient to adequately satisfy the development standards relating to access and effluent disposal in the Snowy River DCP 2013. This includes non- C3.1-5 Adequacy of Access (a) & (d) and C9.3-1 General Controls (a).

The motion passed unanimously, meaning all councillors voted to refuse the development application.

 

8.2 – Development Application 10.2022.227.1 - Six-lot subdivision at Karinya Plains Road Michelago

That pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979 (as amended) it is recommended that Council grants consent to DA 10.2022.227.1 for a 6 Lot subdivision on Lot 1 DP 713198, Karinya Plains Road, Michelago NSW 2620 subject to conditions of consent attached to this report.

Cr Williamson moved an alternate motion, delaying the application until further information and assurances could be provided that the proposed development aligns with the character and amenity of the area.

This alternate motion was seconded by Cr Higgins.

Crs Stewart and Summers spoke against the alternate motion.

Cr Frolich stated her support, given that both Cr Williamson and Cr Higgins live particularly close to the proposed development.

The alternate motion was lost, with Crs Frolich, Higgins and Williamson voting for.

Cr Hopkins foreshadowed returning to the original motion.

There was discussion between councillors with relevant staff being brought in to address concerns about roads, maintenance and developer contributions.

The officer recommendation passed, with Crs Frolich, Higgins and Williamson voting against.

 

8.3 – Development Application 10.2023.43.1 - Clause 37 Amendment to DA 10.2022.60.1 - Construction of 3 Unit Multi Dwelling Housing with Strata Title Subdivision

That pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (as amended) Council grants consent for DA 10.2023.43.1 for a Clause 37 amendment to DA 10.2022.60.1 - Construction of 3 unit multi dwelling housing with strata title subdivision, on Lot 1 DP 1228821 subject to the conditions of consent attached to this report.

The motion passed unanimously with brief discussion.

 

9.1.1 – Procurement framework for Waste Services Provision

That Council note the approach and timeline being followed for the procurement of a broader range of waste collection services.

There was discussion around the table about how the current waste collection services contract has been handled, and the circumstances around when it was originally entered into.

Cr Williamson expressed his dismay at how the matter of the contract had been handled, and the timeframe councillors were given to make a decision on options. He conveyed his belief that this approach had not sought to provide the best possible outcome for the community.

Cr Summers stated in her right of reply that the report before councillors represented common sense, and provides time to assess alternatives in 12 months’ time.

The motion passed with Crs Frolich, Hanna, Hopkins and Williamson voting against.

 

9.1.2 – Jindabyne Caravan Park Upgrades Project

That Council note the use of the Mayor’s policy making powers between meetings to allocate an additional $60,000 towards the Jindabyne Caravan Park upgrade project for urgent water main asset renewal.

The motion was moved by Cr Higgins. She stressed the importance of protecting economically productive assets – especially tourist assets – during the region’s peak tourist season.

Cr Williamson had the ownership and financial responsibility of the infrastructure in question confirmed by the executive responsible.

The motion passed unanimously.

 

9.2.1 – Monthly Funds Management Report - May 2023

That Council

A. Receive the report indicating Council’s cash and investments position as at 31 May 2023; and

B. Receive the certificate of the Responsible Accounting Officer.

Cr Williamson questioned the fluctuations in the forecast cash position between financial reports to councillors.

The Chief Financial Officer (CFO) confirmed her confidence in the figures.

Cr Stewart expressed that he was struggling to understand how the unrestricted cash position could change from $290,000 to over $7mil, and the exact mechanics that would allow for such a change.

The CFO stated that there was much work being undertaken to bring in funds Council is entitled to before the end of the financial year, and that this change is the result of these efforts.

The motion passed, with Cr Williamson voting against.

 

 

9.2.2 – Financial Review Committee

That Council establish a finance working group as detailed within the report, commencing 23/24 financial year.

The motion was initially moved by Cr Stewart, before discussion revealed that the makeup of the proposed working group was different to his understanding. Cr Stewart then retracted the motion. Cr Summers then moved the motion.

Cr Stewart stressed his belief that a more prudent approach to this matter would be a small working group of several councillors, rather than the proposed working group comprised of all councillors. He continued to explain that he did not see the difference between the proposition and the briefings councillors already receive.

Crs Higgins and Summers spoke in support of the motion.

Cr Frolich proposed an amendment to the motion to explicitly state that the working group commence operations from the start of the 2023/24 financial year. This amendment was accepted by the mover and seconder.

The motion passed with Crs Davis, Higgins, Hopkins, Mitchell and Summers voting for, and Crs Frolich, Hanna, Johnson, Stewart and Williamson voting against. Mayor Davis used her deciding vote to carry the motion as the votes were tied.

 

9.3.1 – Nomination of Delegates to the District Liaison Committee

That Council nominate two councillor delegates to the District Liaison Committee.

Cr Higgins moved that Cr Hanna and Cr Davis be nominated to the committee.

There was discussion about whether the upcoming mayoral election later in the year would impact the committee, and whether the nominations should be changed to reflect a potential change.

The motion passed unanimously.

 

9.3.6 – Donations and Sponsorships Application Summary

That Council note the information on the donation requests to be determined at the meeting.

Councillors resolved to combine this item with item 9.3.9 and to consider the two together.

 

9.3.9 – Donations and Sponsorships 2023 Applications- LATE REPORT

That Council determine successful applications and award funding for the 2023/2024 Donations and Sponsorship program.

Councillors moved immediately into committee of the whole to work through the full list of applicants and assign funding.

Mayor Davis stressed that there was over $120,000 of applications, with only $50,000 available to distribute.

Councillors worked for an extended period of time in committee to determine which applications would receive funds, and how much funding they were to receive.

These determinations are too lengthy to be adequately summarised here, and Council will distribute a media release shortly with all the details.

Councillors then left committee and the motion was put.

The motion passed with Cr Frolich and Cr Williamson voting against.

 

9.3.8 – Bombala Caravan Park Upgrades Project

That Council allocate an additional $15,000 towards the Bombala Caravan Park upgrade project from the Crown lands reserve funds.

Cr Higgins stated that this was work that had to be done, that the facility brings tourists to the area and is important to the community.

The motion passed unanimously, with Cr Stewart absent.

 

9.3.10 – Budget Adjustment – Delegate Landfill Remediation – LATE REPORT

That Council allocates an additional $500,000 towards the rehabilitation of Delegate’s former landfill site to allow for the increased capping costs with the funding to come from the reserves held in the waste fund.

Crs Hanna and Williamson sought confirmation on the nature of this additional expense, how it was funded and from which budget it would be drawn, and how this would affect the wider region’s overall landfill remediation project.

The motion passed unanimously.

 

9.5.1 – Resolution Action Sheet Updates

That Council request staff review for accuracy and where items seem to have stalled, provide advice on progression of items on the resolution action updates.

Crs Hanna and Johnson moved the officer’s recommendation that Council note the resolution action updates. Cr Williamson expressed his concern that the documents contained errors and inaccuracies. Asked for an amendment to be made, requesting that these documents be thoroughly reviewed and corrected before being returned for consideration at a later meeting.

Crs Hanna and Johnson, as mover and seconder, approved this amendment to the motion.

The motion passed unanimously.

 

9.6.1 – Recruitment Process for CEO

That Council

A. Engage the external agency McArthur to undertake recruitment for the Chief Executive Officer (performing the role of General Manager).

 B.   Appoint all Councillors to the interview panel for the recruitment of the Chief Executive Officer, and a representative appointed by the recruitment agency.

 

Cr Hanna moved the officer’s recommendation motion with a change nominating that Council proceed with the services of the recruitment firm McArthur, rather than Capstone.

There was a discussion about the potential makeup of the interview panel, and Cr Frolich highlighted concerns that only the Capstone documentation had been included in the business paper.

Cr Mitchell foreshadowed moving the original motion if this alternate motion failed.

Crs Williamson and Higgins both spoke in support of selecting McArthur.

Councillors agreed to amending part B to:

B.            Appoint all Councillors to the interview panel for the recruitment of the Chief Executive Officer, and a representative appointed by the recruitment agency.

The motion passed with Crs Mitchell and Summers voting against.

 

10.1 – Minutes from Management and Advisory Committees

That Council receive the minutes of the:

i. Biosecurity (Weeds) Advisory Committee meeting held 2 March 2023

ii. Bombala Exhibition Ground Management Committee meeting held 14 April 2023; and

iii. Cooma North Ridge Reserve Advisory Committee meeting held 26 April 2023

Cr Williamson sought clarification from Cr Mitchell, who chaired the meeting in question, about the definition of ‘broadacre’ in the context of African Lovegrass management. He was unsatisfied with the response received.

Cr Frolich sought clarification as to Cr Mitchell’s role on the committee, as he was credited both as a councillor and a representative of NSW Farmers. He confirmed his role on the committee was as a representative of NSW Farmers, and provided assurance that he would seek to have this made clearer in future meeting minutes.

Cr Williamson asked for the basis for the minutes stating that the La Nina weather system contributes to the growth and spread of Lovegrass, as this contradicted his own personal experience. Cr Mitchell took the question on notice.

The motion passed unanimously.

 

Matters considered during the meeting’s confidential session:

14.1 – Legal Actions and Potential Claims Against SMRC

That Council note the information in the Legal Actions and Claims Against SMRC report.

The motion passed unanimously.