1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

127/18

RESOLVED on the motion of Crs Nadin and Dodds

That the Minutes of the Ordinary Meeting held on 19 September 2018 as circulated, be taken as read and confirmed, with the following amendment:

That the Pecuniary Interest declared by Mr Anthony Basford regarding Item 13.3 be amended to read:

Mr Basford, Director Community Planning and Environment declared a non pecuniary interest regarding Item 13.3, Disposal of Easement - Merimbola Street, Pambula on the basis that he is a member of the Sapphire Coast Historic Vehicle Club  Committee  along with the owner of lot 15, DP 1204078. 

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

14.2

Special Rate Variation Options

128/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council authorise staff to continue modelling a special rate variation application based on raising funds to fully implement the six pool facilities strategy and provide for additional tourism marketing program and other tourism related expenses.

2.    That a communications program is developed to present the program and all potential impacts to the community.

3.    That Council include the development of a special rate variation application proposal as a key item in the draft 2019/2020 operational plan for formal consideration and resolution by Council prior to submission to IPART in February 2020.

4.    That Council, in conjunction with other Councils, lobby the NSW Government to amend the Local Government Act to include provision for the application of a special levy for tourism.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

10.1

Twyford Hall Divestment

129/18

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.    That the report be noted.

2.    That Council not support the proposal by Twyford Hall Incorporated to have the trusteeship of Twyford Hall transferred to an independent trustee.

3.    That Council continue with the current ownership/management model as defined by the existing Deed of Management Agreement (2017) and the adopted Plan of Management (2010).

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

10.2

Fees and Charges for Children's Services in 2019

Cr Tapscott declared a pecuniary interest regarding Item 10.2, Fees and Charges for Children's Services in 2019 on the basis that she has a grandchild attending the Eden Childcare in 2018 and 2019.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

02:52 pm       Cr Tapscott left the meeting.

130/18

RESOLVED on the motion of Crs Dodds and Seckold

1.    That Council note the report.

2.    That the proposed changes to fees and charges for Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool be placed on public exhibition for 28 days following the Resolution.

3.    That if no submissions are received, the fees and charges for Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool will be taken as adopted.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Dodds and Allen

Against:                  Nil

Absent:                    Crs Bain and Tapscott

10.3

Tathra and District Fire Recovery and Resilience Grant Program Round 1 

Cr Dodds declared a significant non pecuniary interest regarding Item 10.3, Tathra and District Fire Recovery and Resilience Grant Program Round 1 on the basis that she is a member of the community group “Stories of March 18” and she has been involved in the planning for and development of story collection and writing of the events.  A signed declaration form was tabled by Cr Dodds for inclusion in the Register.

Cr Dodds depart the meeting room, taking no part in debate or voting on this item.

02:57 pm     Cr Dodds left the meeting.

131/18

RESOLVED on the motion of Crs Griff and Tapscott

1.    That Council note the report.

2.    That Council award Tathra and District Recovery and Resilience Grants as follows:

•     $5,000 - Far South Coast Landcare Association for the Tathra Community Garden

•        $4,028 - South East Arts for the Stories of March 18 Project

•        $999 -  Anne Hamilton-Foster for the Tathra Pub Choir

•        $1000 - Marie Oakley for the Christmas Cheer for Tathra project

•        $1,000 -  Tathra Firebirds for a Community Exhibition

•        $1,000 - Tathra Firebirds for the Get Creative project

3.    That officers advise all applicants of the outcome.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Crs Bain and Dodds

11.1

Electric Vehicle Charge Point Project

132/18

RESOLVED on the motion of Crs Tapscott and Seckold

1.    Note the progress on the electric vehicle charge point project.

2.    Authorise the General Manager to sign a Licence to Occupy (LtO) for the installation of a fast charging system at a preferred site in Bega.

3.    Authorise the General Manager to continue further discussions with NRMA and / or other stakeholders to introduce appropriate electric vehicle charging stations elsewhere in the Shire.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

12.1

Bega Valley Local Traffic Committee

133/18

RESOLVED on the motion of Crs Seckold and Dodds

That Council adopt the following recommendations of the Local Traffic Committee:

189.SE.054  Remembrance Day 100 year Commemoration

Recommendation

1.    That the proposed traffic arrangements for the Bega RSL Sub Branch Remembrance Day March and Service be approved and deemed a Class 2 Special Event.

2.    That sections of Council roads at Gipps Street and Carp Street in Bega be temporarily closed on Sunday, 11 November 2018 for the Bega RSL Sub Branch Remembrance Day proceedings, as per the Traffic Control Plans.

3.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

4.    That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

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

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

189.SE.055  Christmas on Imlay Street December 2018

Recommendation

1.    That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.00 p.m. to 9.00 p.m. on Thursday 13 December 2018 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

2.    That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday 13 December 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS 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 Council, Police and Roads and Maritime Services by name for the event.

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

7.    That the event achieves all conditions of Council’s Use of Public Land approval.

189.SE.057  New Years Eve Fireworks December 2018

Recommendation

1.    That the proposed event in Merimbula on 31 December 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

2.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

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

4.    That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

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

6.    That the event achieves all conditions of Council’s Use of Public Land approval.

189.SE.060  Eden Whale Festival November 2018

Recommendation

1.    That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 9am to 10am on Saturday 3 November 2018.

2.    That, subject to conditions, Bass Street, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10am on Saturday 3 November 2018.

3.    That, subject to conditions, Hosies Road and Aslings Beach Road (between Bass Street and Barclay Street), be temporarily closed between from 10:30am on Saturday 3 November 2018.

4.    That, subject to conditions, Aslings Beach Road, Eden be temporarily closed between the intersections of Lake Street and Barclay Street from 10:30am on Saturday 3 November 2018.

5.    That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Wave Street and Aslings Beach Road from 11:30am to 1:00pm on Saturday 3 November 2018.

6.    That, subject to conditions, Imlay Street, Eden be temporarily closed between the access lane to the public carpark and the intersection of Chandos Street between 8.00am and 2.00pm on Sunday, 4 November 2018 for the Eden Whale Festival Hot Rod Show and Shine car display and wood chop event.

7.    That the proposed event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

8.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

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

10.  That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

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

12.  That the event achieves all conditions of Council’s Use of Public Land approval.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

12.2

Weekly kerbside collection for holiday accommodation

134/18

RESOLVED on the motion of Crs Dodds and Griff

1.    That multi-unit holiday accommodation complexes are provided with the option of a modified standard collection service.

2.    The modified standard collection service for multi-unit holiday complexes comprises 140l weekly red (landfill) bin, 240l fortnightly yellow (recycle) bin and 240l weekly green (FOGO) bin.

3.    The modified standard collection service for multi-unit holiday complexes is applied consistently to all units within the complex at the written request of the Strata Manager or equivalent.

4.    That Council supply stickers to distinguish weekly collected garbage bins for multi-unit holiday complexes.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

12.3

Proposed new road names

Cr Fitzpatrick declared a pecuniary interest regarding Item 12.3, Proposed new road names on the basis that he is employed by the developer.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

03:16 pm     Cr Fitzpatrick left the meeting.

135/18

RESOLVED on the motion of Crs Nadin and Seckold

1.    That the report be noted.

2.    That Council approve the proposal to name the new road located off Mount Darragh Road in South Pambula as Erle Place.

3.    That Council advertise the proposed name in local media, inviting submissions to the proposal.

4.    That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

5.    That authority be delegated to Council officers to submit the following road names to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Bega Valley Local Government area, as approved by the Council Delegate:

        a)    William Dawes

        b)    Empire Gladstone

        c)    Eggins

        d)    Lynch

        e)    Maizena

In favour:             Crs Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Crs Fitzpatrick and Bain

12.4

Short Point Viewing Platform Renewal

136/18

RESOLVED on the motion of Crs Nadin and Tapscott

1.    That Council approve the attached detailed design documentation for the replacement viewing platform at Short Point.

2.    That Council considers and endorses the proposed approach to the review of future design elements for works to be carried out under the Short Point Coastal Accessibility Plan.

3.    That Council note a further report will be presented to Council to finalise the Short Point masterplan following the outcomes of community consultation undertaken.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

12.5

Waste Management Strategy 2018-2028

137/18

RESOLVED on the motion of Crs Griff and Dodds

That Council adopt “Recycling the Future: Waste Management and Resource Recovery Strategy 2018-28” as the key document to guide Council’s initiatives in waste management over the next 10 years.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

12.6

Proposed lease for Pretty Point Bridge truss restoration

138/18

RESOLVED on the motion of Crs Tapscott and Nadin

That the General Manager be delegated authority to execute the necessary documentation to affect a Deed of Lease over Lot 311 DP 812818 for the purpose of constructing a compound to facilitate the Pretty Point Bridge truss restoration project.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

12.7

S.1 Container Deposit Scheme Refund Sharing Agreement

139/18

RESOLVED on the motion of Crs Nadin and Dodds

That Council endorse the refund sharing agreement reached with Re.Cycle Operations Pty. Ltd noting a 15% return to Council and no increase in gate fees.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

13.1

Gift Register - September 2017 to August 2018

140/18

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That Council note the Gift Register activities between 1 September 2017 and 31 August 2018.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

13.2

Classification of land acquired by Council

141/18

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That Council give notice of its intention to classify Lot 14 DP 843373 at Wirriga Street, Eden as operational Land under Section 34 of the Local Government Act 1993.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

13.3

RFT 02/18 Supply, Installation, Training and Annual Maintenance of a Corporate Business System

142/18

RESOLVED on the motion of Crs Tapscott and Seckold

1.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and cancel the proposal for the contract in relation to the subject matter of the tender as per Clause 178(3)(a)

2.    That tenderers be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

14.1

Yankees Gap Road Fire

143/18

RESOLVED on the motion of Crs Fitzpatrick and Griff

1.    That Council formally extend its support to the members of our community who have been impacted by the recent Yankees Gap Road fire.

2.    That Council extend its formal thanks to emergency services, support agencies, community members and Council officers who have worked tirelessly in responding to the fire event.

3.    That Council resolve to provide the same level of fees and charges waiver afforded the Tathra community following the Tathra, Vimy Ridge and Reedy swamp fire:

a.    Waiver of all Council planning and development fees and charges for houses destroyed or damaged;

b.    Waste fees; and

c.     Interest on General Rates instalments.

In favour:             Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

15.

Adoption of reports from Standing Committees

There were no reports to standing committees

16.1

Canberra Region Joint Organisation Board Meeting

Cr Fitzpatrick declared a non pecuniary interest regarding Item 16.1, Canberra Region Joint Organisation Board Meeting on the basis that he works for the company that is tendering for freight movements for Snowy Hydro Project.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

Cr Fitzpatrick remained in the meeting room, taking no part in discussions.

The report published in the Agenda for the meeting of 10 October, 2018 was noted.

19.1

Signage at Bermagui Shopping Precinct

The response published in the Agenda for the meeting of 10 October, 2018 was noted.

20.1

Deductible gift recipient (DGR)

Cr Nadin asked would the General Manager please clarify what capacity Council has to establish a DGR approved permanent disaster relief fund for the Bega Valley Shire?

The General Manager responded that staff have commenced investigations into models which can be implemented under new Federal Legislation.  A model similar to that in place in Victoria which utilises partnerships with community banks looks promising and discussions have commenced.

20.2

Weed Killing

Cr Griff asked if Council would investigate the potential use of weed killing using steam.

The Question was taken on notice by the Director Operations and Assets.