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PresentCr Kristy McBain, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Jo Dodds Cr Russell Fitzpatrick Cr Cathy Griff Cr Sharon Tapscott Cr Liz Seckold |
In AttendanceActing General Manager, Mr Anthony McMahon Director, Assets and Operations, Mr Anthony McMahon Acting Director, Community, Environment and Planning, Mr Keith Tull Director, Business and Governance, Mr Graham Stubbs Executive Manager People and Governance, Ms Nina Churchward Coordinator Communications and
Events, Minute Secretary Ms Judith Clifton |
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the Traditional Custodians of the lands and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.
1. |
Apologies |
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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. |
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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 |
Cr Nadin declared a non-pecuniary interest regarding the lodged Petition – Lakeview Housing APZ zoning on the basis that he lives on the street relating to the Petition, and his parents are one of the proponents of the Petition. A signed declaration form was tabled by Cr Nadin for inclusion in the Register.
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. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting Cr Tapscott will remain in the meeting room, but take no part in debate or voting on this item.
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. A signed declaration form was tabled by Cr McBain will remain in the meeting room but take no part in debate or voting on this item.
Cr Seckold declared a significant non-pecuniary interest regarding Item 12.4, Tathra to Kalaru Bike Path - Land Matters and Item 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. A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting Cr Seckold will depart the meeting room, taking no part in debate or voting on this item.
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 agist to a paddock affected by this item. A signed declaration form was tabled by Cr Dodds for inclusion in the Register, noting Cr Dodds will depart the meeting room, taking no part in debate or voting on this item.
4. Deputations (by prior arrangement)
Mr Murphy addressed the Council.
RESOLVED unanimously on the motion of Crs Nadin and Griff
That Mr Murphy be granted an additional two minutes to complete his address.
The Mayor thanked Mr Murphy for his address.
Ms Hepburn addressed the Council.
RESOLVED unanimously on the motion of Crs Seckold and Dodds
That Ms Hepburn be granted an additional two minutes to complete her address.
The Mayor thanked Ms Hepburn for her address.
Mr Waddell addressed the Council.
RESOLVED unanimously on the motion of Crs Fitzpatrick and Nadin.
That Mr Waddell be granted an additional two minutes to complete his address.
The Mayor thanked Mr Waddell for his address.
Mr Cremerius addressed the Council.
RESOLVED unanimously on the motion of Crs Nadin and Tapscott
That Mr Cremerius be granted an additional two minutes to complete his address.
The Mayor thanked Mr Cremerius for his address.
Cr Fitzpatrick tabled a Petition, containing 180 signatures, on behalf of the residents and users of Tantawangalo Mountain Road, Candelo regarding the asphalt sealing of both sections of the Tantawangalo Mountain Road.
Cr Nadin tabled a petition, containing 389 signatures, on behalf of the North Tura Beach Residents Association Inc calling on Council to support the North Tura Beach Residents Association Inc’s efforts to rehabilitate two small reserve areas of unmanaged regrowth as recreational open space and beach access.
The Mayor tabled a petition, containing 29 signatures, from Michael and Louise Nadin on behalf of the ratepayers – Lakeview Ave, Merimbula regarding the Asset Protection Zone(APZ).
Cr Nadin declared a non-pecuniary interest regarding the lodged Petition – Lakeview Housing APZ zoning on the basis that he lives on the street relating to the Petition, and his parents are one of the proponents of the Petition. A signed declaration form was tabled by Cr Nadin for inclusion in the Register. A signed declaration form was tabled by Cr Nadin.
There were no Mayoral Minutes.
There was no Urgent Business.
8. |
Adjournment into Standing Committees |
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There were no Planning and Environment reports.
10.1 |
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RESOLVED on the motion of Crs Fitzpatrick and Dodds1. 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 |
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Non-Pecuniary InterestCr 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. |
RESOLVED on the motion of Crs Nadin and Seckold1. 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 |
There were no Economic Development and Business Growth.
12.1 |
Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve |
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Non-Pecuniary InterestCr 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. |
RESOLVED on the motion of Crs Nadin and Fitzpatrick1. 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 |
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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. |
RESOLVED on the motion of Cr Fitzpatrick and Seckold1. 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 |
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RESOLVED on the motion of Crs Fitzpatrick and NadinThat Council adopt the following recommendations of the Local Traffic Committee: 1810.SE.065 Pambula Late Night Shopping 20 December 2018Recommendation1. 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 2019Recommendation1. 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)Recommendation1. 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 parkRecommendation1. 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 parkRecommendation1. 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 courtsRecommendation1. 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)Recommendation1. 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 |
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Non-Pecuniary InterestCr 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. |
RESOLVED on the motion of Crs Nadin and Tapscott1. 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 |
03:49 pm Cr Dodds returned to the meeting.
Cr Dodds asked the Mayor to clarify if there was any mechanism to now have the matter heard today.
The Mayor requested the Acting General Manager look into the requirements for a Rescission motion and that the meeting proceed in the interim.
03:57 pm Cr Seckold returned to the meeting.
12.6 |
RFT 39/18 Mechanical Dewatering, Removal and Beneficial Reuse of Biosolids |
RESOLVED on the motion of Crs Allen and Nadin1. 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 |
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RESOLVED on the motion of Crs Fitzpatrick and NadinThat 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 |
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RESOLVED on the motion of Crs Tapscott and Fitzpatrick1. 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 |
RESOLVED on the motion of Crs Griff and Tapscott1. 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 |
RESOLVED on the motion of Crs Allen and Tapscott1. 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 |
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RESOLVED on the motion of Crs Tapscott and SeckoldThat 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 |
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RESOLVED on the motion of Crs Tapscott and SeckoldThat 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 |
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RESOLVED on the motion of Crs Tapscott and GriffThe 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 |
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RESOLVED on the motion of Crs Seckold and Tapscott1. 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 |
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RESOLVED on the motion of Crs Allen and Tapscott1. 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 |
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16.1 |
Mayors Report on the LGNSW Conference 19 - 21 October 2018 in Albury |
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The report published in the Agenda for the meeting on 21 November was noted. |
17. Rescission/alteration Motions
The Mayor raised the matter of options regarding the decision to defer Item 12.5 Tathra to Kalaru Bike Track, made earlier in the meeting.
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.
The Mayor indicated that Councillors now had the opportunity to rescind the motion in relation to Item 12.5 to allow another motion to be moved or to ask a question on notice to result in a further report to a future Council Meeting.
17.1 |
Rescission motion Item 12.5 Tathra to Kalaru Bike Path - Tathra Path Alignment |
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A signed rescission motion was tabled by Crs Dodds, Tapscott and Nadin.
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. |
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 |
A member of the gallery, Mr Jesson, requested the option for the pubic to speak on the Rescission Motion which was granted by the Mayor.
Mr Jesson addressed the Council.
An unidentified member of the gallery addressed the Council.
05:10 pm Cr Seckold returned to the meeting.
18.1 |
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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 |
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The report published in the Agenda for the meeting on 21 November was noted. |
20.5 |
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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. |
There was no confidential business
There were no reports for adoption.
There were no reports to declassify.
There being no further business, the Chairperson closed the meeting at 5.25pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 21 November 2018.