Summary of Ordinary Council Meeting – Thursday 21 September 2023

Published on 25 September 2023

Councillors met in Cooma on Thursday for the September Ordinary Council Meeting.

All councillors attended the meeting in-person.

There were seven speakers in the public forum:

• Olivier Kapetanakos, speaking against item 11.2 Adoption of Settlement Strategy and Rural Land Use Strategies
• Vele Civijovski, speaking against item 11.2 Adoption of Settlement Strategy and Rural Land Use Strategies
• Carlo Di Giulio, speaking in support of item 11.2 Adoption of Settlement Strategy and Rural Land Use Strategies
• Sinikka Christo, speaking in support of item 8.1 – Development Application 10.2023.81.1 Staged Construction of Six (6) Eco Tourist Cabin
• Charles Kolano, speaking against item 9.5.1 – Resolution Action Sheet Updates
• Daphne Bourne, speaking against item 9.1.3 – Divestment of residential aged care services – Snowy River Hostel
• Cheryl Mould, speaking against item 9.1.3 – Divestment of residential aged care services – Snowy River Hostel
  
  

Matters dealt with by exception:

• 7.1 – Ordinary Council Meeting held on 17 August 2023
• 7.2 – Closed Session of the Ordinary Council Meeting held on 17 August 2023
• 9.1.1 – Youth Council Name Change
• 9.2.1 – Monthly Funds Management Report - August 2023
• 9.3.2 – Growing Regions Program - Expressions of Interest
• 9.3.3 – Council Adoption of Anti-Slavery Policy
• 9.3.5 – Delivery Program Progress Report - August 2023
• 9.4.1 – Event Support Grant Applications
• 10.1 – Minutes from Management and Advisory Committees
• 10.2 – Cemetery Advisory Committee Meetings
• 13.1 – Questions on Notice - Related to SafeWork NSW
• 15.1 – Legal Actions and Potential Claims Against SMRC
  
  

The following matters were discussed at the meeting:

14.1 Election of Mayor and Deputy Mayor

That Council;

1. Elect a Mayor;
2. Elect a Deputy Mayor;
3. Invite nominations for the election of Mayor;
4. Invite nominations for the election of Deputy Mayor; and
5. That in the event of there being more than one candidate nominated for either the position of Mayor or Deputy Mayor, an election be held in accordance with Schedule 7 of the Local Government (General) Regulation 2005 and the method of voting be by ordinary ballot.

Councillors moved the election of Mayor and Deputy Mayor to the top of the agenda for the meeting, and decided to conduct the vote by ordinary ballot.

This method involves councillors marking their preferred candidate on a ballot paper.

There were three candidates nominated by their fellow councillors for the position of Mayor. Cr Chris Hanna, Cr Tanya Higgins, and Cr Luke Williamson.

As there were three candidates, there were two votes held. The first to eliminate the candidate with the lowest vote, the second to elect the preferred candidate for Mayor.

Cr Williamson was eliminated in the first round of voting, and Cr Hanna was elected Mayor following the second vote.

There were two candidates nominated for the position of Deputy Mayor, Cr Bob Stewart and incumbent Deputy Mayor Tanya Higgins. Following the vote, Deputy Mayor Higgins was returned for second term.

Mayor Hanna then assumed the chair and the meeting continued.

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

That Council:

1. 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;
2. 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
3. C. Any person who made a submission is notified according to the regulations.

Cr Beer spoke against the motion, reiterating his concerns from the previous meeting about eco-tourist facilities in the Snowy Monaro. He was concerned that he could not see the information referred to by one of the applicants in her address during the public forum in the business paper.

Cr Johnson and Cr Stewart both spoke in support of the motion, stating that the application meets all the requirements for approval of a development of this kind.

The motion was carried, with Cr Beer and Cr Summers voting against.

9.1.3 Divestment of Residential Aged Care Services - Snowy River Hostel

That Council acknowledge the financial and compliance issues with operating aged care facilities and:

1. Request an urgent meeting with member for Eden Monaro Kristy McBain to;

• Discuss the future of the facility and invite representatives of the steering committee group to that meeting.
• Discuss and advocate with the member for Eden Monaro Kristy McBain, the $1.2 million grant to complete upgrade of kitchen floorcoverings and fire compliance.

1. Undertake a broad discussion with the steering committee group regarding potential repurposing of the facility.
2. Request clarification from Department of Health and Aging seeking a review of the decision to not allow exemption from 24-hour nursing requirement.
3. Work with the organisation that has expressed an interest in the facility.
4. Consider the matter again during the November meeting.

Cr Davis moved the original motion, with an amendment to set a firm date for the closure of Snowy River Hostel in February 2024. She stated the significant financial burden Council faces in continuing to run both Snowy River Hostel and Yallambee Lodge, and the unviability of Council continuing to run these aged care facilities.

Cr Davis continued, stating her belief that aged care is the domain of the Federal Government, and stressed that residents and families need the certainty of a closure date to assist them in organising their future arrangements.

She reiterated the difficulty of staffing the facility and the costs involved and stressed that the facility must close before it can repurposed. Continuing without a defined closure date would only make the situation worse.

Cr Stewart spoke against Cr Davis’ motion. He disagreed with setting a closure date, and stressed the necessity of working with the community and the Federal Government.

Cr Beer was generally supportive of the motion but wanted a later date for the closure.

Cr Williamson spoke against the motion, stating community support for a town hall meeting and his belief that further consultation needs to be done. He expressed his belief that an alternative use for the facility needs to be organised before a closure date is confirmed.

Cr Summers supported the sentiment of Cr Davis’ motion and reiterated the unviability of Council’s aged care facilities due to policy changes and the current reality of the aged care industry. She highlighted the responsibility that councillors have to make prudent financial decisions, and that the divestment decision has already been made.

Cr Frolich spoke against the motion, reiterating concerns about the level of consultation undertaken and expressing the view that Council has not done enough to work with the Federal Government on this matter.

Cr Mitchell conveyed the unsustainable cost to Council of continuing to operate Snowy River Hostel, its unsuitability as an aged care facility in the modern era, and the need to give residents and staff certainty about the future.

Cr Hopkins spoke against the motion, stressing the need for more time and more consultation. She was critical of the Federal Government’s decision to refuse Council’s request for an exemption to the 24-hour registered nurse requirement for Snowy River Hostel and wanted more time for the community to come to a decision about the future use of the site.

She highlighted that both Yallambee Lodge and Hudson House, the closest aged care facilities to Berridale, are full and not accepting new residents. This means that any closure of Snowy River Hostel would mean residents would have to move out of region.

Cr Williamson foreshadowed a motion confirming Council’s intent to close Snowy River Hostel and making a commitment to undertake further consultation – inclusive of a town hall meeting.

In her right of reply, Cr Davis explained the difficulty of the decisions councillors have faced with aged care. She reiterated that Council lacks the ability to properly invest in and staff its aged care facilities into the future or meet the increasingly stringent legislative requirements for providers.

Concluding her remarks, Cr Davis stressed that if Council is sanctioned by the Federal Government for failing to meet the new staffing requirements, Snowy River Hostel could be closed immediately without warning and without any time for residents, families or staff to prepare. By setting a closure date, this gives current Snowy River Hostel residents priority at finding a place at other facilities.

The motion was lost, with Cr Beer, Cr Davis, Cr Higgins, Cr Mitchell and Cr Summers voting for the motion.

At this juncture, Cr Summers left the meeting due to ill health. She was unable to return, and did not vote on any matter after this point.

Cr Williamson’s foreshadowed motion was then put for discussion.

Councillors moved into committee of the whole, to allow for an open discussion.

Following an extended period in committee, councillors agreed on the wording of the foreshadowed motion.

The revised motion would seek an urgent meeting with the Federal Member for Eden-Monaro Kristy McBain, requesting funding for upgrade work at Snowy River Hostel and facilitating a conversation between Council, the local steering committee, and our local federal member about the future of the facility.

The motion further stipulated that Council undertake a broad discussion with the steering committee group regarding potential repurposing of the facility, request clarification on – and appeal against – the Federal Government’s decision to refuse Snowy River Hostel’s exemption of the 24/7 nursing requirement, and work with the organisation that has expressed an interest in the facility and reconsider the matter at the November meeting.

The motion was carried unanimously.

9.3.1 Appointment of Delegates to Committees for the remaining term of Council

That Council;

1. Reappoint Councillor representative/s to the committees as per the current appointments.
2. Establish a working group to review Council’s committee structure.
   
   

Cr Mitchell expressed a desire, based on earlier discussion with councillors, to form a working group to review Council’s committee structure.

This proposed change was discussed, with Cr Davis expressing the view that – with less than a year left in the current Council term – it would be difficult to establish new or reconstituted committees, and similarly difficult for new members to get established on these committees.

The motion passed unanimously.

9.3.4 Amendments to 2023-2024 Fees and Charges

That Council:

1. Place the amended, new and corrected fees and charges on public exhibition for a period of 28 days.
2. Prepare a post-exhibition report to Council with responses and recommendations from any feedback received.
   
   

The motion was carried unanimously without debate.

9.5.1 Resolution Action Sheet Updates

That Council note the resolution action updates.

The motion was carried without debate, with Cr Williamson voting against.

11.1 Renaming of Michelago Cricket Oval

That Council undertake the appropriate processes, including community consultation with the Michelago community, to rename the Michelago cricket oval the Clive Kelly Oval, in recognition of his contribution to cricket in Michelago and the Southern Districts of NSW.

In moving her notice of motion, Cr Higgins explained the work the Michelago community has already done on this matter, and explained the significance of Clive Kelly to both the Michelago community and the wider area’s cricketing history. She conveyed her support for the proposal, so long as the appropriate process – involving due diligence and consultation – was undertaken.

Cr Frolich requested further information about the process from CEO Peter Bascomb, who explained the various avenues available to Council to conduct a community consultation.

The motion was carried unanimously.

11.2 Adoption of Settlement Strategy and Rural Land Use Strategies

That Council:

1. Adopt the Settlement Strategy and the Rural Land Use Strategy, with the following amendments:
   1. More text, explanation and recommendations regarding the RU4 zones, and their role in addressing the changing needs of communities, providing rural lifestyle opportunities, diversifying agriculture on smaller lots, revitalizing communities and providing population growth;
   2. Retain the current 80 Ha minimum lot size (MLS) along the ‘Canberra Corridor’ in the proposed RU1 Zone;
   3. Include the need to review the 200ha MLS in the future, to ensure it is still meeting the needs of the community and is meeting desired objectives, particularly those regarding management of feral animals, weeds and fire management.
   4. Inclusion of the recommended amendments in response to community consultation as identified in the 18 May Council report, item 9.3.3.
2. Hold a Councillor workshop to determine a specific engagement strategy for development of the LEP;
3. Amend the LEP Planning Proposal to reflect the changes in (A).
   
   

In moving her second notice of motion, Cr Higgins explained her desire to make a decision on this matter, giving the community – inclusive of developers and potential investors – certainty around land use in the Snowy Monaro. She stressed that Council needs to provide leadership, and that strategies can be changed as needed.

Cr Higgins was particularly concerned about delays in the adoption of the Settlement Strategy and Rural Land Use Strategy holding up development and adoption of the Local Environment Plan. She explained that she wishes to see a built-in review opportunity, the establishment of a community reference group, and wider ongoing consultation with the community on this topic.

She stated that Council continuing to wait is causing stagnation, delays, or lost investment, that people can’t do the work they want or need to do on their farms, and that homes aren’t being built. Continuing, she stressed the need to address reactionary decisions of the past and ad-hoc requests for spot rezoning.

Cr Higgins concluded by stating that she would also like to see a Kalkite Masterplan developed to give Kalkite residents a say in the future of their village.

Cr Davis supported the motion, stating that adoption of the Settlement Strategy is needed for developers to proceed with new housing developments. She stressed the importance of protecting prime agricultural land and having an engagement strategy that reflects the community.

She finished by reiterating that strategies can be changed and adjusted, and that waiting denies towns and villages new housing.

Cr Williamson spoke against the motion, expressing his desire for more consultation and his belief that Council has not fulfilled its promise to consult the community.

Expanding on his concerns, Cr Williamson stated that with RU2 and RU1 proposed in multiple non-matching zones, the community does not know what their land will be rezoned as under the proposed strategies.

He claimed that the proposed strategies remove housing entitlements in the Canberra corridor, and that as a resident of that corridor he has not been consulted on the changes. He continued, saying the proposed strategies won’t allow rural rezoning off both main roads and unsealed roads.

Cr Williamson was critical of basing minimum lot size on average holding size, and refuted that the community reference group recommended this approach. He explained his view that these strategies prevent new entrants into local agriculture and are not conscious of the modern realities of farming, the market, nor are they strategic.

Continuing, he said that Council can’t move forward with these strategies, created with the expectation that the NSW Government’s Snowy Mountains Special Activation Precinct (SAP) would be going ahead, until Council has certainty about the future of the SAP. If it is not proceeding, Council will need to look seriously at how to address housing affordability.

Cr Williamson concluded, saying the Smiths Road community is seeking a gateway determination, and foreshadowed a motion if the current motion was lost. He asserted there were serious problems with the analysis that these strategies are based on, pointing to the incorrect categorisation of his own property as evidence.

Cr Higgin’s motion was lost.

Councillors then voted to enter committee of the whole to facilitate open discussion about this motion. Their deliberations continued for an extended period of time, with the following motion put to a vote:

That Council implement Part A of Council resolution 109/23 of 18 May 2023 regarding the draft Land Use Strategies and hold a Councillor workshop to:

1. Develop a specific community engagement strategy including a community reference group with the aim of finalising land use strategies that facilitate local communities that are strong, healthy and prosperous and reflect and meet the diverse needs and interests of the overall local community;
2. That minutes of the community reference group be referred to Council.
3. Determine and implement a specific community engagement strategy for the development of the Snowy Monaro Local Environment Plan (LEP).
4. Final report to be presented by 30 April 2024.

The motion was carried unanimously.