Summary of Ordinary Council Meeting: Jindabyne – Thursday 17 August

Published on 18 August 2023

Councillors met in Jindabyne yesterday for the August Ordinary Council Meeting.

Councillors Frolich and Higgins attended by audio-visual link.

There were four speakers in the public forum:

• Simon Munslow – Member of Save Our Kalkite community group – Speaking against proposed subdivision at Hilldowns Road, Kalkite

Mr Munslow strongly opposed the Hilldowns Road development. He presented a petition, signed by Kalkite residents and others, opposing the project. Munslow labelled the development's contribution to the region’s housing needs—what he claimed was 20% of total projected for Snowy Monaro and 40% for Jindabyne—as absurd. He criticised as insufficient the public consultation to date, highlighting the possible digital exclusion of older residents. Munslow claimed that road issues would be exacerbated on the already problematic Kalkite Road. Council's traffic barrier proposal was considered inadequate. Munslow highlighted ecological concerns, including kangaroo and wombat issues, protected flora, and potential damage to Lake Jindabyne. He requested a meeting between the community and Council, excluding the developer, for open dialogue – and including older residents who may lack digital literacy.

• Charles Kolano – Speaking against 11.1 Council Action on Social Media Posts that Threaten, Intimidate, Harass, Humiliate, Slander, Defame or Troll Snowy Monaro Staff and Councillors

Charles Kolano expressed reservations about the proposed policy on social media posts affecting Snowy Monaro staff and councillors. He raised concerns over unintended consequences, legal implications, financial burdens, and community perception. Kolano questioned whether legal advice was sought and what other actions were explored to address the issue. He stated that such matters should be handled by law enforcement, without burdening ratepayers. He queried the absence of a cost-benefit analysis in the report, and referred to Council’s past legal expenditures. Kolano noted what he claimed was a lack of transparency from Council regarding legal matters, and raised a case involving a calf's death and unanswered letters. He stressed the importance of free speech, claiming councillors and staff enjoyed protections that the general public did not. Kolano questioned if the evidence cited by Council was substantiated, and whether NSW police intervened.

• Nicole Vlug – Member of Snowy Monaro Ratepayers and Residents Association – Speaking against 11.1 Council Action on Social Media Posts that Threaten, Intimidate, Harass, Humiliate, Slander, Defame or Troll Snowy Monaro Staff and Councillors
  
  Nicole Vlug criticised the proposed social media policy as she addressed Council. She deemed the policy an unnecessary "band-aid," asserting that personal responsibility and maturity should guide interactions rather than stifling debate. Vlug categorised the measures as "true communism," expressing concerns about their implications. She questioned the need for permission to record public events and speculated on the true motives behind this item.
  
  Vlug highlighted the importance of ethical and honest conduct by Council, asserting that such conduct inherently prevents undesirable actions by the community.
• Mathieu Nolte – Member of Snowy Monaro Ratepayers and Residents Association – Speaking about 9.3.1 Cooma Office Building
  
  Nolte highlighted serious concerns about the financial arrangements for funding any new office building Council may construct, suggesting that Special Rate Variation (SRV) funds may be used to this end, and expressing alarm at the level of debt Council may enter into.
  
  Mr Nolte continued by expressing concern for what the report identified as an extreme level of risk posed by 81 Commissioner Street to inhabitants of the building. He urged swift action and compliance with relevant Work Health and Safety legislation, to address risks posed to workers and the public, and mitigate potential financial impacts on Council. He concluded his remarks, requesting that Council publish its mitigation strategies publicly.

Following the re-opening of the meeting, Cr Summers declared that she has a financial interest in property on Commissioner Street, which may or may not be perceived as benefitting of any development on Council’s Vale St property.

Matters dealt with by exception:

• 9.32 Jindabyne Shared Trail - Transfer a portion of Crown road reserve (unformed) to Council (East Jindabyne/Mill Creek)
  That Council make an application to the Department of Environment (Crown Lands) for the transfer of part of the Crown road reserve (unformed) with no known names, located in the Tyrolean Mountain Bike Park – being the portion of three roads extending from Kosciusko road west to Lake Jindabyne.
• 9.5.1 Resolution Action Sheet Updates
  That Council note the resolution action sheet updates.
• 10.1 Minutes from Management and Advisory Committees
  That Council receive the minutes of the:

i. Bombala Exhibition Ground Management Committee meeting held 10 May and 14 June 2023;

ii. Arts and Culture Advisory Committee meeting held 9 March, 11 April, 28 April and 31 May 2023;

iii. Delegate Early Settlers Hut Management Committee meeting held 13 May 2023;

iv. Cooma North Ridge Reserve Advisory Committee meeting held 24 May 2023 and 28 June 2023

• 10.2 Minutes of the 22 June 2023 Biosecurity Advisory Committee Meeting
  That Council receive the minutes of the Biosecurity (Weeds) Advisory Committee meeting held 22 June 2023 and write to Mr Steve Whan to express disappointment that Local Land Services was required to source internal funding to host the African lovegrass Coordinator position and that those funds should be reimbursed by the NSW Government.
• 10.3 Minutes of the Local Traffic Committee Meeting Held on 25 July 2023
  That Council adopt the Minutes of the Local Traffic Committee Meeting held on 25 July 2023 and adopt the following recommendations;

6.1 That Council approve the installation of No Parking signage on Jerrara Drive, East Jindabyne, between Kosciuszko Road and Acacia Place, effective during winter months.

• 10.4 Minutes from the Local Traffic Committee Meeting Held on 20 June 2023
  That Council adopt Minutes of the Local Traffic Committee Meeting held on 20 June 2023 and adopt the following recommendations;

6.2 That Council approve the application for a Bombala Remembrance Day Event on Saturday 11 November 2023.

6.4 That Council do not accept the proposal for a Modified T-Intersection at Polo Flat / Saleyard Road, Cooma and instead formalise traffic furniture.

• 10.5 Minutes of the Local Traffic Committee Meeting held on 23 May 2023
  That Council adopt Minutes of the Local Traffic Committee Meeting held on 23 May 2023 and adopt the following recommendations;

6.1 That Council approve the Coast to Kosci 240km Ultramarathon to travel through the Snowy Monaro Region from 2:00pm Friday 1 December, 2023 and exit the region at 2:30pm on Saturday 3 December, 2023. TfNSW has advised a ROL isn’t required. TfNSW has confirmed the timing of the work on the Coolumbooka Bridge won’t affect this event.

6.2 That Council does not increase the load limit of 25t between Dalgety and Ando due to pavement quality and road safety.

6.3 That Council approves the request to change 45 degree parking to parallel parking in front of the shop “Country Mobility Trends” in Baron Street between BWS and mechanics workshop.

• 14.1 Legal Actions and Potential Claims Against SMRC

The following matters were discussed at the meeting:

7.1 Ordinary Council Meeting held on 20 July 2023
That Council adopt the Minutes of the Ordinary Council Meeting held on 20 July 2023

Cr Summers requested that the time of her exit from public forum, and the reasons for her leaving, be noted in the minutes.

CEO Peter Bascomb clarified that any details from the public forum should not be included in Council meeting minutes and apologised for the error.

The motion was carried without Cr Summers’ requested change, with Cr Summers voting against.

8.1 Development Application 10.2023.81.1 Staged Construction of Six (6) Eco Tourist Cabins
That Council:

A. Pursuant to section 4.18(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) it is recommended that approval to DA 10.2023.81.1 for Eco-Tourist Facilities, be granted subject to the conditions attached;

B. If Council decides to make a determination other than as included in the recommendation, it must follow the procedure adopted through resolution 18/18 on 15 February 2018; and

C. Any person who made a submission is notified according to the regulations.

Cr Hanna moved that the matter be deferred until the September 2023 Ordinary Council Meeting, on the basis that residents who wished to address Council about the proposal were unable to attend today’s meeting.

Cr Beer supported the deferral, citing concerns that the proposal did not meet the definition of an eco tourist facility. He continued, citing what he saw as the growing problem of tourist developments being submitted for approval as eco tourist developments.

The motion was unanimously deferred.

9.2 Monthly Funds Management Report – July 2023

Cr Williamson highlighted concerns with the figures included in this report and requested clarification from the CEO and CFO as to their veracity.

CEO Peter Bascomb confirmed the report accurately reflected the budget approved by councillors for financial year 2023/24.

Cr Summers formally expressed her appreciation to the staff involved in the report’s preparation for their efforts, and the high quality of their work.

The motion was passed unanimously.

9.3.1 Cooma Office Building
That Council adopts the following strategy;

A. Undertake the development of a new office in Cooma on the property owned at Vale Street based around meeting the minimum operational needs of the organisation and allowing for future development of the site as a civic precinct.

B. Once the new facilities are in place divest of the 81 Commissioner Street site.

Cr Summers stressed the importance of this item, categorising it as one of the most important decisions councillors would make this year.

She stated her strongly-held position that any investment in the old building would not be financially prudent. In support of her position, she referenced the regularity with which building renovation projects uncover hidden and expensive additional problems.

Summers requested that it be made clear that only urgent remediation for 81 Commissioner Street be funded, and that Council commences preparation to construct and move to a new building in Vale Street.

Addressing community concerns about this decision, Cr Summers stressed that today’s decision is only to adopt a strategy to move in the future, and includes no funding or commitment. She stressed that supporting the recommendation before them, doesn’t preclude Council from exploring other options.

She concluded, stating that Council has known of the problems with 81 Commissioner Street for seven years, and the matter needs to be addressed.

Cr Hopkins proposed an amendment, feeling that the current motion jumps too far ahead. She proposed that:
A. Council acknowledges there is to be no further significant investment in 81 Commissioner St
B. A report is provided to Council on a new facility to house SMRC’s administrative functions

There was discussion about the proposed amendment, as councillors voted to move to a committee of the whole – allowing free discussion about this matter.

Cr Stewart expressed concerns with the proposed amendment, that Council would be unable to address immediate problems with the current building.

He requested that the motion be further amended to write to the NSW government, requesting grant funding to cover the majority of the project. Cr Stewart justified this position, stating that the increased wear and tear on the 81 Commissioner Street building, and Council’s inability to fund a new building, were due to a previous NSW Government’s Council amalgamation initiative.

Cr Beer requested a minor wording change, to ensure that any new construction would accommodate Council’s future needs – rather than minimum needs.

Cr Williamson engaged in an extended conversation with Council executives about the financial figures included in the report, the specifics of how the project would be funded and paid for, and the financial impact on Council and ratepayers of this project.

Cr Summers rejected Cr Hopkins proposed amendment, as Council left committee and returned to the formal debate.

Cr Hopkins reiterated her concerns that the recommendation goes too far, and stressed the importance of careful and measured progress – acknowledging that 81 Commissioner Street isn’t fit for purpose, and that Council must look for an alternative.

She concluded her remarks, stating that councillors should not be writing a blank cheque for a new building, and should invest only what is strictly necessary in the current building.

Cr Mitchell voiced his support for the recommendation, reiterating that any commitment of funds to either the new building or remediation of the current building would have to come to councillors for approval.

He concluded, stating that the matter at hand concerns where Council employees work, and that the building is not presently fit for purpose. The recommendation is the right way forward.

Cr Williamson stated that this decision has come as surprise to the community. He asserted that discussion at the January Ordinary Council Meeting made it clear that Council had no plans for a new Cooma office. The councillor stated that he would support a report to Council that includes the results of a comprehensive consultation with the community.

CEO Peter Bascomb responded to Cr Williamson’s assertions about the January Ordinary Council Meeting, stating that the discussion was only concerned with whether funds from the special rate variation would be used to fund a new Cooma office. He stated that this proposal had been on Council’s agenda for many years.

Mayor Davis concurred with the CEO’s remarks, reiterating that this matter has been on the agenda for a very long time, and the necessity for councillors to make a responsible decision.

Cr Hanna confirmed with Council executives that any decision of this magnitude would require extensive community consultation.

Cr Summers, in her right of reply, stated that the risks involved in this matter reside with councillors. She stressed that councillors mitigate these risks by supporting the strategy proposed in the recommendation before them. She concluded by stating that the recommendation is strong enough, and the importance of making a definitive statement of intent.

The original recommendation was put to a vote. Voting for were Crs Beer, Davis, Higgins, Mitchell and Summers. Voting against were Crs Frolich, Hanna, Hopkins, Johnson, Stewart, and Williamson.

The motion was lost, and Cr Hopkins foreshadowed alternate motion opened for debate:

9.3.1 Cooma Office Building
That Council

1. Acknowledge that there is to be no further significant investment in the 81 Commissioner Street premises.
2. Request a report to Council with respect to establishing a new facility to house the administrative functions of SMRC.
3. Write to our local State Member, Premier, and relevant State Ministers to request financial support for this project.

Cr Hopkins characterised her motion as a good step forward, committing only the strictly necessary expenditure for the current building. She conveyed that she looks forward to robust discussion on alternative premises.

Cr Stewart voiced his support for the new resolution, stressing the importance of NSW Government financial support and that it represents the start of a long process.

Cr Beer spoke with Council executives to confirm that councillors would still be able to address any serious and unexpected occurrences with the current building – if necessary.

Cr Summers spoke in support of the motion, conceding that while not as comprehensive as she would have preferred, it is a good first step. She concluded by saying she hoped the report to be developed would look at all available funding sources for the project.

The motion was carried, with Cr Frolich voting against.

9.3.3 Delivery Program Progress Report - July 2023
That Council note the update of the progress with achieving the delivery program.

Cr Beer proposed a workshop with staff and councillors to address allocation of Council resources to projects, especially those behind schedule.

Cr Hopkins, the mover of the recommendation, stated that councillors could reach out directly to staff to discuss concerns as necessary.

The motion was carried unanimously.

11.1 Council Action on Social Media Posts that Threaten, Intimidate, Harass, Humiliate, Slander, Defame or Troll Snowy Monaro Staff and Councillors.
That Council:

A. Establish a policy that is responsive to inappropriate social media postings that target Council members and staff.

B. Base the policy on the following principles:
(a) Social media posts that threaten, intimidate, harass, humiliate, slander, defame or troll Snowy Monaro Staff and Councillors be reported to the E Safety Commissioner in the first instance.

(b) That social media account administrators who enable or permit social media posts that threaten, intimidate, harass, humiliate, slander, defame or troll Snowy Monaro staff, contractors and Councillors be requested to immediately remove such posts.

(c) If requests for the removal of posts are not actioned Council is to pursue legal action.

(d) Social media accounts, and the hosting social media platform, that publish online abuse be reported to the E Safety Commissioner.

(e) Independent live streaming and recording of SMRC facilitated community meetings, consultation and events be prohibited without prior written permission from Council.

(f) Community members who threaten, intimidate, harass, humiliate, slander, defame or troll Snowy Monaro staff and Councillors in any forum, be prohibited from attending SMRC facilitated community meetings, consultation and events.

C. Snowy Monaro Regional Council submit a motion to the November 2023 NSW Local Government Conference supporting stronger laws and protection for Council staff and Councillors from online abuse.

Mayor Davis stated that this matter is an occupational health and safety issue, and councillors are responsible. She stated NSW Police can do little about these matters if Council does not have a policy in place.

The Mayor stressed that it is the responsibility of the Council to have a process in place to support staff, and that she has proposed this motion to put together such a policy. Continuing, she stated that the definitions and policy direction come from office of the eSafety Commissioner.

She summarised her desire to submit a motion to the upcoming Local Government NSW conference, and conveyed concerns from councillors across the state about the lack of legislation covering social media activity.

Cr Summers concurred, characterising the motion as an important step forward for Council. She echoed the Mayor’s statement that the eSafety Commissioner gives guidance for the development of this policy, and that current social media laws are insufficient.

Addressing comments made during the public forum, Cr Summers stated that this policy is about reducing abuse, not stifling debate. She highlighted the distress suffered by staff, and asserted that there is no reason to defend the actions those that engage in abusive behaviour.

Cr Summers concluded, stating the importance of Council taking action.

Cr Beer confirmed with Mayor Davis that any policy would be subject to review by Council’s solicitors.

Cr Hopkins supported the idea, emphasising that staff have a right to a safe workplace. She rejected the assertion made in the public forum that public sector workers should be expected to put up with abuse.

The councillor proposed an amended motion, stating that Council would work with WorkSafe NSW to develop a policy – being wary of potential legal and financial ramifications of the current proposal.

Cr Mitchell stated that the current motion seeks only to establish a policy, and does not dictate the form or content of that policy. He reiterated the importance of addressing this problem, and the suffering of staff and councillors due to abusive behaviour.

He urged councillors, as leaders of the community, to make a strong statement against abuse.

Cr Stewart expressed concerns about Council restricting free expression. He indicated that any policy in this area should come from Local Government NSW or the NSW State Government, and was concerned that this proposal would increase tension between Council and the community.

Cr Higgins spoke in support of the motion, and the wording it contained taken from the eSafety Commissioner. She stressed that this proposal is only stating the need for a strategy, and that councillors should not fear being proactive in addressing this growing problem.

Addressing Cr Stewarts concerns, she suggested that this proposal would make it easier for the community to engage with Council and discussions about the organisation. She concluded, stating that this would not limit dissent or disagreement, only to restrict abusive conduct.

Cr Williamson stated his belief that it is not the role of local government to regulate public commentary, and that Council should consult the NSW Attorney General and Office of Local Government before taking any action.

He stated that his experience with the community on social media, and elsewhere, has been respectful. The councillor indicated a lack of community consensus on this matter, with some vehemently against the proposal, some stridently in support, but most not understanding why Council is seeking to pursue this course of action.

Cr Williamson requested data to support the claims of abusive behaviour made in the motion, and  questioned why Council or the community would want to restrict independent reporting and livestreaming. He reiterated legal concerns, and concerns about enforcement. He concluded by stating that Council could easily and cheaply stream its own public events, forgoing the need for the community to do this in Council’s absence.

In her right of reply, Mayor Davis acknowledged the comments from around the table. She asserted that Council can consult with the NSW Attorney General and Minister for Local Government. 

She stressed that this doesn’t change the current situation where staff are abused and don’t feel safe at work or in the community. Neither does it mitigate the need for Council to develop a policy for staff who are subjected to this behaviour, and that Council has a responsibility to act.

Mayor Davis shared that she has witnessed abuse of staff and councillors, and that this is not in-line with WorkSafe NSW requirements. She continued, stating that while the eSafety Commissioner has principals, the current law is weak.

The Mayor concluded, that in the event of a WorkSafe complain, Council’s non-existent policy would be the first thing requested in their investigation. Further, staff tasked with the compilation of this policy will advise councillors if the wording outlined in the motion is workable or not. Finally, Mayor Davis indicated that she has already spoken with Local Government NSW, NSW Police and Council’s own HR Manager – and Council needs a clear process.

The motion was put to a vote, with Crs Beer, Davis, Hanna, Higgins, Johnson, Mitchell, and Summers voting for, and Crs Frolich, Hopkins, Stewart and Williamson voting against.

The motion was carried, and the meeting was concluded.