1.

Apologies

RESOLVED unanimously on the motion of Crs Fitzpatrick and Seckold

That Cr Bain’s and the General Manager, Leanne Barnes apologies for today’s meeting be accepted.

2.

Confirmation of Minutes

160/18

RESOLVED on the motion of Crs Dodds and Seckold

That the Minutes of the Ordinary Meeting held on 31 October 2018 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Bain

4.1

Request to address Council received following finalisation of the Agenda.

The following requests to address Council were received after finalisation of the Agenda:

Item No 12.1. Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve    

·                Mr Les Murphy on behalf of North Tura Beach Residents Association Inc.

·                Ms Libby Hepburn on behalf of the Tura Beach Living with Nature Group.

12.5. Tathra to Kalaru Bike Track - Tathra Path Alignment    

·         Mr Angus Waddell

·         Mr Hans Cremerius on behalf of his wife and himself

RESOLVED on the motions of Crs Griff and Allen

That the deputations be heard.

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

Against:                  Nil

Abstained:             Cr Bain

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

10.1

Access Improvement Grants

161/18

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.      That the recommended successful applicants and grant allocations from the Confidential Attachment be adopted.

2.      That the following grants be allocated in 2018.

Please note that the first grant is for up to $5k as the applicant will be required to provide designs and a quote before the funds are approved, and then only to the value of the quote.

All of the other grants are approved without preconditions.

* Exact funding amount will depend on the quoted amount and suitable design plans.

3.      That the Access Improvement Grant Subcommittee and the Access and Inclusion Advisory Committee be thanked for their assessment and recommendations.

4.      That Council officers write to all applicants advising them of the outcome of their applications.

5.      That unspent funds from the 2018/19 Access Improvement Grant round be carried forward to the 2019/20 year.

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

Against:                  Nil

Absent:                    Cr Bain

10.2

Licenses for the use of Council Reserves

Non-Pecuniary Interest

Cr Tapscott declared a significant non pecuniary interest regarding Item 10.2, Licenses for the use of Council Reserves on the basis that Epic Fitness is owned by her niece.  Cr Tapscott remained in the meeting room, but took no part in debate or voting on this item.

162/18

RESOLVED on the motion of Crs Nadin and Seckold

1.       That subject to determination of the Native Title and Aboriginal Land Claim interests:

·        Council, as Crown Land Manager of the Bridge Island Reserve (59552) at Wallaga Lake, grant a short term 12 month Licence to Luke Payne, trading as Bermagui Board & Bus, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Dickinsons Recreation Reserve (83225) at Bermagui, grant a short term 12 month Licence to Luke Payne, trading as Bermagui Board & Bus, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Little Lake Cuttagee Reserve (82654) at Cuttagee, grant a short term 12 month Licence to Luke Payne, trading as Bermagui Board & Bus, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Dickinsons Recreation Reserve (83225) at Bermagui, grant a short term 12 month Licence to Bermagui Growers Market for weekly market activities at a weekly fee payable to Council of $5 per unpowered stall and $10 per powered stall as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of Tathra Beach Reserve (79310) at Tathra, grant a short term 12 month Licence to Coastlife Adventures, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of Jiguma Nature Reserve (61013) at Pambula, grant a short term 12 month Licence to Coastlife Adventures, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Spencer Park Reserve (63203) at Merimbula, grant a short term 12 month Licence to Coastlife Adventures, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Ray Whyman Reserve (82753) Mogareeka Inlet at Tathra, grant a short term 4 month Licence to Monique Henderson, Trading as Expresso Yourself Mobile Café, for the operation of a mobile café refreshment van at the Mogareeka Boat Ramp, Tathra at current market rental.

·        Council, as Crown Land Manager of the Spencer Park Reserve (63203) at Merimbula, grant a short term 12 month Licence to Lauren Wilson, Trading as Epic Health and Fitness, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Spencer Park Reserve (63203) at Merimbula, grant a short term 12 month Licence to Tarryn Lucas, Trading as Tarryn Lucas Fitness, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of Tathra Beach Reserve (79310) at Tathra, grant a short term 12 month Licence to Tarryn Lucas, Trading as Tarryn Lucas Fitness, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of Tathra Beach Reserve (79310) at Tathra, grant a short term 12 month Licence to Sharri Manning, Trading as Tathra Beach Personal Training Studio, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of Reserve (64333) at Kianinny Bay at Tathra, grant a short term 12 month Licence to Sharri Manning, Trading as Tathra Beach Personal Training Studio, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Dickinsons Recreation Reserve (83225) at Bermagui, grant a short term 12 month licence to Sharri Manning, Trading as Tathra Beach Personal Training Studio, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

·        Council, as Crown Land Manager of the Bank including Ford Oval Reserve (77269) at Merimbula, grant a short term 12 month Licence to Anthony Deveril and Chelsea Friend, Trading as Fishpen Charters, for the operation of a mobile coffee cart at Mitchies Jetty, Merimbula at current market rental.

·        Council, as Crown Land Manager of the Ford Oval Reserve (77269) at Merimbula, grant a short term 12 month Licence to Jake Closter, Trading as Real Health Coaching and Personal Training, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

2.       That Council, as land owner, grant a short term 12 month Licence to Monique Henderson, Trading as Expresso Yourself Mobile Café, for the operation of a mobile café refreshment van at the Bega Park located at Lot 2 Section 49 DP 758076 at current market rental.

3.       Council issue all short term Licence Agreements in accordance with section 2.20 of the Crown Land Management Act 2016 (NSW) and/or under the provisions of the Local Government Act 1993 (NSW).

4.       That the General Manager be authorised to execute the necessary documents.

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

Against:                  Cr Allen

Abstained:             Cr Tapscott

Absent:                    Cr Bain

12.1

Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve

Non-Pecuniary Interest

Cr McBain declared a non-pecuniary interest regarding Item 12.1 Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve, on the basis that she lives within the vicinity of the area relating to the site management plan.  

Cr McBain remained in the meeting room and took part in debate or voting.

RESOLVED unanimously on the motion of Crs Tapscott and Griff

That the matter be dealt with today.

A motion was moved by Crs Dodd and Griff

1.    That the information in the report and the legal advice attached be received and noted.

2.    That it is acknowledged the site is one of a broader network of reserves across the Shire and that there are limitations in resources available.

3.    That Council rescind part 2 Council resolution 1 May 2018 in relation to Tura Reserve.

The motion was put to the vote and LOST on the Casting Vote of the Chairperson, Cr McBain.

In favour:             Crs Griff, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Nadin, McBain and Allen

Absent:                    Cr Bain

A motion was foreshadowed by Crs Nadin and Fitzpatrick

1.    That the information in the report and the legal advice attached be received and noted.

2.   That the following items be further clarified and the information provided to Councillors by memorandum, for inclusion in appropriate works plan for the site:

·    Vegetation management items including retention of banksias and melaleucas (trees) at The Point site and Dolphin Cove site (indicated on map) and options for clearing of other vegetation types including wattle (acacia sophorae) and tea tree (leptospermum) and deadwood.

·    Management of vegetation canopies on both sites

·    Reduction in understory density in secondary Dolphin Cove site when funding becomes available.

·    The extent of future vegetation and general site management for The Point site. 

·    The use intermittent native plantings - not bollards or a walking track - to delineate APZs.

3.    That the following Items in the Site Management Plan Attachment A be amended as follows:

·    Item 3 – remove installation of bollards

·    Item 5 -  add the following wording “decrease vegetation in Dolphin Cove Carpark and also clear access path to a width of 3 metres wide to the top of the northern beaches”

·   Item 6  1.- Council delineate and identify by way of a map: a) open areas and current beach access routes, which are to be maintained; b) current vegetation areas, which are to be quarantined to ensure wildlife corridor connectivity; 

·         2 - for areas that are identified as vegetation, ensure that trees, including banksias and melaleucas remain untouched, while all other vegetation types are open to be revegetated and replaced with low growth native plants as the area is maintained and current plants reach their end of life.

·   Item 12 – Remove the entire item (no change)

·   Item 13 – amended to read “Update signage” (no change)

The motion was put to the vote and it was CARRIED on the Casting Vote of the Chairperson, Cr McBain.

163/18

RESOLVED on the motion of Crs Nadin and Fitzpatrick

1.    That the information in the report and the legal advice attached be received and noted.

2.    That the following items be further clarified and the information provided to Councillors by memorandum, for inclusion in appropriate works plan for the site:

·  Vegetation management items including retention of banksias and melaleucas (trees) at The Point site and Dolphin Cove site (indicated on map) and options for clearing of other vegetation types including wattle (acacia sophorae) and tea tree (leptospermum) and deadwood.

·  Management of vegetation canopies on both sites

·  Reduction in understory density in secondary Dolphin Cove site when funding becomes available.

·  The extent of future vegetation and general site management for The Point site. 

·  The use intermittent native plantings - not bollards or a walking track - to delineate APZs.

3.    That the following Items in the Site Management Plan Attachment A be amended as follows:

·    Item 3 – remove installation of bollards

·    Item 5 - add the following wording “decrease vegetation in Dolphin Cove Carpark and also clear access path to a width of 3 metres wide to the top of the northern beaches

·         Item 6

§  1.  Council delineate and identify by way of a map:

a) open areas and current beach access routes, which are to be maintained; b) current vegetation areas, which are to be quarantined to ensure wildlife corridor connectivity;

§  2    For areas that are identified as vegetation, ensure that trees, including banksias and melaleucas remain untouched, while all other vegetation types are open to be revegetated and replaced with low growth native plants as the area is maintained and current plants reach their end of life.

·        Item 12 – Remove the entire item (no change)

·        Item 13 – amended to read “Update signage” (no change)

In favour:             Crs Fitzpatrick, Nadin, McBain and Allen

Against:                  Crs Griff, Seckold, Tapscott and Dodds

Absent:                    Cr Bain

12.2

SMART Drumline Trials

A motion was moved by Crs Griff and Tapscott

That Council advise DPI Fisheries that it does not wish to be involved in any way in the decision making process around the proposed trials and that it is considered appropriate for DPI Fisheries to undertake a community survey to assist the NSW Government in making a decision as to whether the trials should proceed.

A motion was foreshadowed Cr Fitzpatrick

1.    That Council support the trial by DPI Fisheries.

2.    That Council does not wish to be involved in the decision making process.

3.    That Council seek full indemnity from the NSW Government from any consequences that may occur as a result of the SMART Drumline trial.

The motion was put to the vote and LOST.

In favour:             Crs Griff, McBain and Tapscott

Against:                  Crs Fitzpatrick, Nadin, Seckold, Dodds and Allen

Absent:                    Cr Bain

A motion was moved Crs Fitzpatrick and Seckold

1.    That Council support the trial by DPI Fisheries.

2.    That Council does not wish to be involved in the decision making process3.      That Council seek full indemnity from the NSW Government from any consequences that may occur as a result of the SMART Drumline trial.

Cr McBain requested an amendment to the motion, that Item 2 read:

2.    That Council does not wish to be involved in the decision making process around the proposed trial and consider it appropriate for DPI Fisheries to undertake a community survey to assist the NSW Government in making a decision as to whether the trials should proceed.

The amendment was accepted by Crs Fitzpatrick and Seckold

The motion was put to the vote and it was CARRIED.

164/18

RESOLVED on the motion of Cr Fitzpatrick  and Seckold

1.    That Council support the trial by DPI Fisheries.

2.    That Council does not wish to be involved in the decision making process around the proposed trial and consider it appropriate for DPI Fisheries to undertake a community survey to assist the NSW Government in making a decision as to whether the trials should proceed.

3.    That Council seek full indemnity from the NSW Government from any consequences that may occur as a result of the SMART Drumline trial.

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

Against:                  Cr Griff

Absent:                    Cr Bain

12.3

Bega Valley Local Traffic Committee

165/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

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

1810.SE.065         Pambula Late Night Shopping 20 December 2018

Recommendation

1.    That, subject to conditions, Toallo Street, Pambula is temporarily closed between the intersections of Quondola Street and Merimbola Street, from 5pm to 9pm on Thursday 20 December 2018.

2.    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.

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.

1810.SE.066         Tathra Wharf to Waves January 2019

Recommendation

1.    That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 19 January 2019 be approved.

2.    That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 19 January 2019, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the 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 RMS by name for the event.

6.    That prior to conducting the event, organisers have written approval from NSW Police Force and NSW National Parks and Wildlife Service.

7.    That the organisers advertise the change to traffic conditions for the event.

8.    That local emergency services and transport operators be notified prior to the event.

1810.SE.067         Tathra Mountain Bike Enduro June 2019 (Alternate Date August 2019)

Recommendation

1.    That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 8 June and Sunday, 9 June 2019 be approved. If the event is unable to proceed on Saturday, 8 June and Sunday, 9 June 2019, then Saturday, 24 August and Sunday, 25 August 2019 be approved as alternate dates for the event.

2.    That the 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.

3.    That the Traffic Control Plan is to reflect the following:

        a)    All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

        b)    Use of cycle track is not available for racing purposes, as it is set aside for casual users.

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

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

6.    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.

7.    That organisers have written approval prior to conducting the event from the NSW Police, the NSW National Parks and Wildlife Service, and the NSW Department of Primary Industries, Crown Lands.

1810.SE.068         Installation of accessible parking Alice Street car park

Recommendation

1.    That Council approves the installation of an accessible car space adjacent to the existing accessible car space in the lower section of the Alice Street car park.

1810.SE.069         Installation of accessible parking lower level of the Merimbula Wharf car park

Recommendation

1.    That Council approves the installation of an accessible car space adjacent to the Merimbula Wharf building on the car park lower level.

1810.SE.070         Relocation of accessible parking space adjacent Bega Netball courts

Recommendation

1.    Council approve the upgrade and subsequent relocation of the existing accessible car space at the Bega recreation car park to enable it to brought up to current standards which will require the adjacent car space to be the new accessible car space.

1810.RSP.072 Adjustment of proposed parking restrictions lower level Merimbula Wharf car park (LTC meeting 01.08.2018)

Recommendation

1.    That Council approves the reduction of the proposed “No Stopping” zone on the eastern side of the access road to the lower car park from 28 metres to 15 metres.

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

Against:                  Nil

Absent:                    Cr Bain

12.4

Tathra to Kalaru Bike Path - Land Matters

Non-Pecuniary Interest

Cr Seckold declared a significant non-pecuniary interest regarding Item 12.4 Tathra to Kalaru Bike Path - Land Matters, and 12.5 Tathra to Kalaru Bike Track - Tathra Path Alignment, on the basis that she is the Chair of the Bega Tathra Saferide.  This includes the Tathra to Kalaru section.. 

03:48 pm       Cr Seckold left the meeting.

Cr Dodds declared a non-pecuniary interest regarding Item 12.4 Tathra to Kalaru Bike Path - Land Matters, on the basis that she has a horse that is agisted in the paddock affected by this item. 

03:48 pm       Cr Dodds left the meeting.

166/18

RESOLVED on the motion of Crs Nadin and Tapscott

1.    That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 752 DP 1247622, being a 1359m2 section of Lot 75 DP 750236 from Christine May Hamilton and Bruce Hamilton, by compulsory process in accordance with the Land acquisition (Just Terms Compensation) Act 1991 (NSW) and under Section 177 of the Roads Act 1993 (NSW).

2.    That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 1082 DP 1247620, being a 6930m2 section of Lot 108 DP 750236 and Lot 1083 DP 1247620, being a 2765m2 section of Lot 108 DP 750236 from Benjago Developments Pty. Limited, by compulsory process in accordance with the Land acquisition (Just Terms Compensation) Act 1991 (NSW) and under Section 177 of the Roads Act 1993 (NSW).

3.    That Council note the subdivision of Council owned Operational Land being Lots 740 and 741 DP 1013100 for the purposes of accommodating the new bike path.

4.    That minerals are to be excluded from these acquisitions.

5.    That these acquisitions are not for the purposes of resale.

6.    That it be noted Council intends to dedicate the land, as referred to in recommendation 1, 2 and 3 above, in the NSW Government Gazette as a public road under Section 10 of the Roads Act 1993 (NSW).

7.    That the General Manager and Mayor be delegated authority to make the applications to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land parcels by compulsory process under Section 177 of the Roads Act 1993 (NSW).

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

Against:                  Nil

Absent:                    Crs Bain, Seckold and Dodds

12.5

Tathra to Kalaru Bike Track - Tathra Path Alignment

The following amendments as shown in red or strikethrough text were adopted at the Council Meeting 12 December 2018:

The Chairperson noted Cr Seckold’s declaration on this matter and that she remained absent from the meeting room.

The Chairperson asked the Acting General manager if there were any matters raised in the deputation to Council that required further report to Council.

The Acting General Manager, to allow the matter to be heard, clarified for the public record items raised in the deputations in summary.

•     Option 2 stating there were six driveway crossings, there are actually fourteen driveways crossings, compared to the 32 in Option 1.

•     Statements made about loss of parking with Option 1:  the intention with Option 1 as in the report, was to provide that same equivalent amount of parking closer to the existing street edge, and

•     Service Trusts in the area: there are locals who like that type of activity as well and as mentioned in the report they would be partially available on the street.

The Acting General Manager responded to questions from Councillors.

167/18

A motion was moved by RESOLVED on the motion of Crs Griff and Tapscott

That the matter be dealt with today.  The motion was put to the vote and LOST.

IN FAVOUR: Crs Griff, McBain and Tapscott

AGAINST:     Crs Fitzpatrick, Nadin, Dodds and Allen

ABSENT:        Crs Bain and Seckold

The Mayor asked for a motion to defer the matter. 

Following discussion, as no deferral motion was received, the Mayor asked that it be noted that the report will be re-presented at a future meeting.

12.6

RFT 39/18 Mechanical Dewatering, Removal and Beneficial Reuse of Biosolids

168/18

RESOLVED on the motion of Crs Allen and Nadin

1.      That Council accept the recommendation in the Confidential Memo to Councillors.

2.      That Council accept the tender from Arkwood Organic Recycling in relation to contract for the works described in Tender RFT 39/18, in the amount of $860,824.00 (including GST), subject to variations, provisional sums and prime cost items as per the Tender Panel recommendations.

3.      That authority is delegated to the General Manager to execute all necessary documentation.

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

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

Against:                  Nil

Absent:                    Cr Bain

12.7

Lease to BP Australia - Merimbula Airport

169/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide a further tenure of ten years by way of 2 consecutive 5 year leases to BP Australia for underground fuel storage at Merimbula Airport as detailed in the report to Council of 21 November 2018.

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

Against:                  Nil

Absent:                    Cr Bain

12.8

Mirador Emergency Access

170/18

RESOLVED on the motion of Crs Tapscott and Fitzpatrick

1.      That Council consider the existing emergency access connection from Camilla Court to Berrambool Drive is adequate for an emergency access and undertake necessary maintenance to provide all weather two-wheel drive emergency access.

2.      That officers investigate the alternate route connecting to Casuarina Place, Tura Beach through future stages of the Mirador Estate.

3.      That Council encourage Mirador Estate residents to facilitate a bushfire preparation meeting with the RFS.

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

Against:                  Nil

Absent:                    Cr Bain

12.9

S1: Forestry Corporation of NSW intent to undertake forestry operations within the Towamba area

171/18

RESOLVED on the motion of Crs Griff and Tapscott

1.    That Council advocate Forestry Corporation NSW and the Forestry Minister to not use the Towamba and Burragate Roads for the proposed Towamba Valley Forestry Operation.

2.    That Council support the use of Pericoe Road within the public road network on the condition that all structural improvements necessary including on bridges are undertaken at Forestry Corporation NSW’s expense and to Council’s satisfaction.

3.    All necessary maintenance and safety requirements relating to the public road network are met by Forestry Corporation NSW for the duration of the operation in accordance with a signed MoU.

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

Against:                  Nil

Absent:                    Cr Bain

13.1

Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers

172/18

RESOLVED on the motion of Crs Allen and Tapscott

1.      That Council receive and note the report.

2.      That Council nominate the following Council officers as its Native Title Managers:

· Ms Rickee Marshall

· Mr Rob Quick and

· Mr Matthew Collins.

3.      That Council give notice to the Minister for Lands and Forestry of the name and contact details of Council’s employed Native Title Managers, as required under Section 8.8 of the Crown Land Management Act 2016 (NSW).

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

Against:                  Nil

Absent:                    Cr Bain

13.2

Audit, Risk & Improvement Committee Charter

173/18

RESOLVED on the motion of Crs Tapscott and Seckold

That Council endorses the Bega Valley Shire ARIC Charter attached to this report.

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

Against:                  Nil

Absent:                    Cr Bain

13.3

Audit, Risk & Improvement Committee Annual Report

174/18

RESOLVED on the motion of Crs Tapscott and Seckold

That Council note the Audit Risk and Improvement Committee Annual Report.

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

Against:                  Nil

Absent:                    Cr Bain

13.4

2017 - 2018 Annual Report

175/18

RESOLVED on the motion of Crs Tapscott and Griff

The 2017-18 Annual Report be endorsed and published on Council’s website, hard copies be placed in Council’s libraries and notification of publication sent to the NSW Office of Local Government.

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

Against:                  Cr Fitzpatrick

Absent:                    Cr Bain

13.5

Grant of new lease - Eden Killer Whale Museum

176/18

RESOLVED on the motion of Crs Seckold and Tapscott

1.         That Council receive and note the report.

2.         That subject to determination of the Aboriginal Land Claim and Native Title Claim, Council as Crown Land Manager of Reserve (R62518), approve a further twenty year lease to the Eden Killer Whale Museum Management Committee Incorporated for their continued occupation of the Eden Killer Whale Museum for the annual rental fee of $3,640.00 per annum increased annually by CPI.

3.         That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of twenty years.

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

Against:                  Nil

Absent:                    Cr Bain

14.1

Certificate of Investment

177/18

RESOLVED on the motion of Crs Allen and Tapscott

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 October 2018.

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

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

Mayors Report on the LGNSW Conference 19 - 21 October 2018 in Albury

The report published in the Agenda for the meeting on 21 November was noted.

17.1

Rescission motion Item 12.5 Tathra to Kalaru Bike Path - Tathra Path Alignment

Non-Pecuniary Interest

Cr Seckold declared a significant non-pecuniary interest regarding 12.5 Tathra to Kalaru Bike Track - Tathra Path Alignment, on the basis that she is the Chair of the Bega Tathra Saferide.  This includes the Tathra to Kalaru section..

04:20 pm     Cr Seckold left the meeting.

A signed rescission motion was tabled by Crs Dodds, Tapscott and Nadin.

That Item 12.5 Tathra to Kalaru Bike Path – Tathra Path Alignment as resolved at the meeting on 21 November 2018 be rescinded.

That the resolution of Item 12.5 made at the Council Meeting on 21 November 2018 be rescinded.

The motion was put to the vote and it was CARRIED.

178/18

RESOLVED on the motion of Crs Dodds, Tapscott and Nadin

That Item 12.5 Tathra to Kalaru Bike Path – Tathra Path Alignment as resolved at the meeting on 21 November 2018 be rescinded.

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Crs Bain and Seckold

17.2

Urgent Business

The Mayor asked for a motion to declare the matter urgent business to comply with the Code of Meeting Practice

The Acting General Manager provided clarification on the timeframe for Council staff to meet deadlines required to secure funding for the project, and responded to questions from Councillors about the process in dealing with the matter today.

RESOLVED on the motion of Crs Tapscott and Dodds

That 12.5 Tathra to Kalaru Bike Path - Tathra Path Alignment be dealt with today as a matter of urgency.

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Crs Bain and Seckold

A motion was moved by Crs Nadin and Allen

1.   That Council note the information provided in the report and attachments.

2.   That Council acknowledge the community feedback from the community consultation and public exhibition on the alignment of the Shared Path on Bega Street, Tathra.

3.   That Council endorse and proceed with the final design, tender and construction of the segment of Tathra to Kalaru Bike Track from Kalaru to the RFS shed in Tathra.

4.   That Council defer the decision on the remaining part of the track for a site visit.

A motion was foreshadowed by Cr Tapscott

1.   That Council note the information provided in the report and attachments.

2.   That Council acknowledge the community feedback from the community consultation and public exhibition on the alignment of the Shared Path on Bega Street, Tathra.

3.   That Council proceed with the final design, tender and construction of the segment of the bike track at the Lawrence park site entry.

4.   That Council defer the decision on the remaining part of the track for a site visit.

Cr Fitzpatrick indicated a proposed foreshadowed motion based on the staff recommendation contained in the report to Council.

The motion It was put to the vote and was LOST.

IN FAVOUR:                       Crs Nadin and Allen

AGAINST:                            Crs Fitzpatrick, Griff, McBain, Tapscott and Dodds

ABSENT:                               Crs Bain and Seckold

The motion foreshadowed by Cr Tapscott was moved and lapsed for want of a seconder.

A motion was which had been foreshadowed was moved by Crs Fitzpatrick and Griff

1.   That Council note the information provided in the report and attachments.

2.   That Council acknowledge the community feedback from the community consultation and public exhibition on the alignment of the Shared Path on Bega Street, Tathra.

3.   That Council endorse Option Two: South/North plus Lawrence Park.

The motion was put to the vote and was CARRIED.        

179/18

RESOLVED on the motion of Crs Fitzpatrick and Griff

1.      That Council note the information provided in the report and attachments.

2.      That Council acknowledge the community feedback from the community consultation and public exhibition on the alignment of the Shared Path on Bega Street, Tathra.

3.      That Council endorse Option Two: South/North plus Lawrence Park.

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

Against:                  Cr Tapscott

Absent:                    Crs Bain and Seckold

18.1

Landscape requirements in development conditions

180/18

RESOLVED on the motion of Crs Tapscott and Griff

1.         That Council, through the DA conditions process, continue to encourage all new CBD developments within the Shire to incorporate into their design more planting of substantial shade trees, either within their planting design, or within any exposed carpark areas or into any new pavement that is constructed as a result of the development. That these trees are to be of an appropriate type and do not interfere, through their root system, with other assets such as drainage and foot paths.

2.         That it remain the responsibility of the project developer or owner to maintain the health and viability of the trees.

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

Against:                  Crs Nadin and Allen

Absent:                    Cr Bain

19.1

Councillor Griff Question on Notice - Promoting Recruitment of Volunteers for Emergency Services

The report published in the Agenda for the meeting on 21 November was noted.

20.1

Status of the Eden Skate Park Project.

Cr Tapscott asked could Councillors get an update on the status of the Eden Skate Park Project taking into consideration the recent grant to the Barclay Street Sporting Precinct.

The question was taken of notice by the Director Assets and Operations.

20.2

Fauna Reserve at the CWF.

Cr Tapscott asked asked does the Council have a Fauna Reserve at the Central Waste Facility (CWF) and if so what is Council doing about containing the kangaroos and deer roaming from that Reserve into roadways and farming and cropping areas?  She tabled two letters from concerned farmers.

The Acting General Manager replied that Council does not have a specific reserve as indicated. Council would consider the management of animals at the CWF the same as for any other land the same as any two neighbours would manage animals.

The Director advised further information would be provided on what action Council is currently taking at the CWF in relation to the management of animals and what further could be done.

20.3

Flame Zones

Cr Fitzpatrick spoke about the petition on Lakeview and raised a question on how many crown land flame zone areas exist across the Shire.  Have other Crown lands impacted areas been given exemptions.  How many other locations such as the Lakeview site exist across the Shire?

The question was taken of notice by the Acting General Manager..

20.4

Canning Street Bega trees.

Cr Dodds asked about the status of replacement trees for Canning Street.

The Acting General Manager replied that there had been ongoing issues with vehicles knocking over bollards and trees. Designs were being undertaken to construct physical kerb barriers around trees to prevent vehicles hitting them.  A limited trial was expected to be undertaken within budgetary limitations to determine if the proposal was an effective solution to tree damage and improving aesthetics.

20.5

Council's tree planting and removal policy.

Cr Griff requested an update on Council’s tree planting and removal policy and process.

The question was taken of notice by the Acting General Manager.

20.6

Trees missing from Carp Street Bega out the front of the Pizza Shop.

Cr Seckold asked about the removal of trees from Carp Street out the front of the Pizza Shop.

The question was taken of notice by the Acting General Manager.