1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

160/18

RESOLVED on the motion of Crs Tapscott and Griff

That the Minutes of the Ordinary Meeting held on 21 November 2018 as circulated, be taken as read and confirmed, with the following amendments as shown in red or strikethrough text:

Page 12

03:49 pm       Cr Dodds returned to the meeting.

12.5         Tathra to Kalaru Bike Track - Tathra Path Alignment

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.

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.

Page 15

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

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

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.

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

05:10 pm    Cr Seckold returned to the meeting.

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

Against:                  Nil

Absent:                    Cr Bain

4.1

Deputations (by prior arrangement)

The following requests to address Council have been received prior to publication of the Business Paper, regarding:

Item No 12.1 - Community Proposal Projects

·         Ms Sylvie Mester and Ms Lies Paijmans on behalf of the interim Committee Tathra Community Garden (authority received)

·         Mr Pete O’Keefe

Item No 12.2 - Bega Valley Fields Sportsground Master Plan - Request for Review

·         Mr Alex C Nicol on behalf of the Bega Valley Bombers Football Club (authority received)

The following late requests to address Council were received from:

Item No 12.1 - Community Proposal Projects

·         Ms Janet Maughan on behalf of the Rotary Club of Merimbula (authority received)

·         Ms Lynn McColl on behalf of Merimbula Chamber of Commerce (authority received)

·         Mr John Hukins on behalf of the Community Association Coast Resort – DP270501 (authority received).

161/18

RESOLVED unanimously on the motion of Crs Allen and Bain

That all deputations be heard.

6.1

Changes to NSW Legislation - Parking Fines

Background

The purpose of this Mayoral Minute is to seek direction of Council in relation to the offer provided to NSW Councils to opt in to reduce parking fines from $112 to $80.

The NSW Government has provided advice to Council where we can act now to take advantage of parking fine concessions or wait for twelve months for a subsequent opportunity.

On 30 November 2018, Council was provided advice from the Treasurer and Minister of Industrial Relations about the ability for councils to reduce the fine amount for a  number of parking offences from $112 to $80, mainly time based offences.

Councils do not have the power to reduce parking fine amounts, which are set by NSW

Government legislation. The NSW Government has now made the regulatory changes that provide councils with the freedom and flexibility to reduce some parking fines.

Councils that opt in by 1 January 2019 to reduce their fines will be recorded in the relevant regulation, which will be published on the NSW Government legislation website. These councils will be able to charge the lower fine amounts from 1 March 2019. A list of those councils who have opted in, will be made public after 1 January 2019.

The lead time between opting in and the implementation date, reflects the time needed for the NSW Government to make system changes, along with the time required for both NSW Government and councils to update relevant manuals for parking issuing authorities.

If Council does not opt in by 1 January 2019, there will be further opportunities to opt in later in the following year, however the benefits would be delayed.

The current arrangements for parking fines to be indexed annually will continue.

Council officers have not had adequate time to fully assess the impacts of this proposed legislative change particularly in light of the Council resolution relating to a ranger trial for which staff are currently being recruited.

A motion was moved by Crs McBain and Allen

That Council resolves to include a review of the impacts of these proposed changes as part of the current ranger trial which is being implemented and consider a full report prior to the next opportunity to consider this reduction.

A motion was foreshadowed by Cr Nadin

That Council resolves to opt into the parking fine concessions as offered by the NSW Government.

The motion was put to the vote and CARRIED.

162/18

RESOLVED on the motion of Crs McBain and Allen

That Council resolves to include a review of the impacts of these proposed changes as part of the current ranger trial which is being implemented and consider a full report prior to the next opportunity to consider this reduction.

IN FAVOUR:             Crs Fitzpatrick, Bain, McBain, Seckold and Allen

AGAINST:            Crs Nadin, Griff, Tapscott and Dodds.

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

9.1

Rural Living - Strategic Directions Report

163/18

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council note the Rural Living – Strategic Directions report.

2.    That the Rural Living – Strategic Directions report be placed on public exhibition for a period of 28 days from 30 January 2019

3.    That Council officers prepare a summary of the results of the public exhibition and present to a workshop session with Council, prior to adoption of the final report.

4.    That Council forward a copy of the Rural Living – Strategic Directions report to the Department of Planning for their information.

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

Against:                  Nil

9.2

2 lot subdivision - 16 Bridle Place, Bega

164/18

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.    That Council assume the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013, approve the variation to Clause 4.1 to permit the subdivision of Lot 223 DP 1076823 Bridle Place, Bega into 2 lots.

2.    That Council approve the Development Application subject to the draft Conditions of Consent, provided as attachment to this report.

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

Against:                  Nil

10.1

Request for support - Nardy House hydrotherapy services

165/18

RESOLVED on the motion of Crs Seckold and Griff

1.    That Council waive its fees and charges relating to the establishment of the Nardy House Incorporated hydrotherapy pool.

2.    That Council supports Nardy House Incorporated in its application for State and Commonwealth Grants to fund its hydrotherapy pool.

3.    That Council correspond with Nardy House Incorporated outlining its methods of supporting Stage 3 of the Nardy House Project.

4.    That Council correspond with Nardy House Incorporated providing reasons as to why it declines to support the additional request for $60,000 in financial assistance.

5.    That Council work with the Nardy House Committee to source funding for the project through the NDIS program.

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

Against:                  Nil

12.1

Community Project Proposals

Pecuniary Interest

Cr Tapscott declared a pecuniary interest regarding Item 12.1, Community Project Proposals on the basis that she is the owner of property directly affected by one of the proposals.  Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

RESOLVED unanimously on the motion of Crs Fitzpatrick and Allen

That Council deal with Item 5 separately and Items 1, 2, 3,4, 6 and 8 together.

03:30 pm       Cr Tapscott left the meeting

RESOLVED on the motion of Crs Nadin and Seckold

That Item 5 be considered today.

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

Against:                  Nil

Absent:                    Cr Tapscott

A motion was moved by Crs Fitzpatrick and Allen

That Council note that the proposal for the Merimbula Skate Park and Youth Space at Ford Park Merimbula is a major project; and that it be deferred for consideration at a later date subject to; a community project group being formed; consultation with local residents and Council officers; assessment of siting options; assessment of funding and project delivery options; and development of concept plans. 

It was put to the vote and CARRIED.

03:50 pm       Cr Tapscott returned to the meeting.

A motion was moved by Crs Dodds and Seckold

1.       That Council note the report and the attached Community Project Proposal summary and information included in the hard copies of proposals distributed to Councillors.

2.       That the proposal for the Canteen storage addition at George Brown Memorial Sportsground Canteen be supported by Council, dependant on external grant funding.

3.       That the proposal for the outdoor gym equipment at Eden Imlay Memorial Park and Aslings Beach has in-principle support, subject to available funding and consolidation from three to two gym stations.

4.       That the proposal for a security fence at Colombo Park Bemboka (completed works) be supported, with no funding to be provided by Council.

6.       That the proposal for the Tathra Community Gardens has in principle support, subject to working through land tenure approvals and requirements relevant to the use of the site.

7.       That the proposal for the Basketball Hoop at Wonboyn Tennis Courts be supported and purchase of basketball hoop at cost of $350 be funded by Bega Valley Shire Council (BVSC) out of Recreation Operations and Maintenance allocations.

8.       That the proposal for the Interpretive Panels at Tathra foreshore is supported in-principle, with BVSC as a stakeholder requiring Council officer involvement in development and approval of Panel design.

It was put to the vote and CARRIED.

166/18

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council note that the proposal for the Merimbula Skate Park and Youth Space at Ford Park Merimbula is a major project; and that it be deferred for consideration at a later date subject to; a community project group being formed; consultation with local residents and Council officers; assessment of siting options; assessment of funding and project delivery options; and development of concept plans. 

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

Against:                  Crs Bain and Griff

Absent:                    Cr Tapscott

167/18

RESOLVED on the motion of Crs Dodds and Seckold

That Council note the report and the attached Community Project Proposal summary and information included in the hard copies of proposals distributed to Councillors.

2.       That the proposal for the Canteen storage addition at George Brown Memorial Sportsground Canteen be supported by Council, dependant on external grant funding.

3.       That the proposal for the outdoor gym equipment at Eden Imlay Memorial Park and Aslings Beach has in-principle support, subject to available funding and consolidation from three to two gym stations.

4.       That the proposal for a security fence at Colombo Park Bemboka (completed works) be supported, with no funding to be provided by Council.

6.       That the proposal for the Tathra Community Gardens has in principle support, subject to working through land tenure approvals and requirements relevant to the use of the site.

7.       That the proposal for the Basketball Hoop at Wonboyn Tennis Courts be supported and purchase of basketball hoop at cost of $350 be funded by Bega Valley Shire Council (BVSC) out of Recreation Operations and Maintenance allocations.

8.       That the proposal for the Interpretive Panels at Tathra foreshore is supported in-principle, with BVSC as a stakeholder requiring Council officer involvement in development and approval of Panel design.

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

Against:                  Nil

12.2

Bega Valley Fields Sportsground Master Plan - Request for Review

RESOLVED unanimously on the motion of Crs Tapscott and Nadin

That the matter be considered today.

168/18

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council undertake formal review of the Bega Valley Fields Sportsgrounds Master Plan including consultation and exhibition of the amendments proposed by the Bega Bombers AFL Club as a project to be included in the 2019/20 Operational Plan.

2.    The works to review the Valley Fields elements of the adopted Master Plan be funded from the 2019/20 Sportsgrounds Capital works Budget.

3.    The outcomes of the review with any recommended amendments to the Master Plan be reported to Council.

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

Against:                  Nil

12.3

Bega Valley Local Traffic Committee

169/18

RESOLVED on the motion of Crs Bain and Nadin

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

1811.SE.073 - St Patricks School March - Class 4

1.    That the proposed event in Bega on 16 March 2019, be deemed a Class 4 special event and it be conducted under NSW Police escort.

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

3.    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.

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

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

1811.SE.074 - Far South Coast National Show February 2019

1.   That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega is temporarily closed from 9am to 5pm on 15, 16, and 17 February 2019 for the Far South Coast National Show.

2.   That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 15, 16, and 17 February 2019 for the Far South Coast National Show.

3.   That the proposed traffic arrangements for the Far South Coast National Show 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.

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 Police approval prior to conducting the event.

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

1811.SE.076 – Australia Day Celebrations 2019

1.   That, subject to conditions, Zingel Place, Bega between the Sapphire Marketplace roundabout and entrance to the Littleton Gardens car park be temporarily closed between 6:30am and 12pm (noon) on Saturday, 26 January 2019 for the Bega Australia Day celebrations.

2.   That the proposed traffic arrangements involving the temporary closure of Zingel Place, Bega for the Bega Australia Day celebrations on Saturday, 26 January 2019, 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 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.

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

Against:                  Nil

12.4

2018-2019 Draft Sportsground Fees and Charges for Local Sports Clubs

Mr Anthony McMahon declared a non-pecuniary interest regarding Item 12.4, 2018-2019 Draft Sportsground Fees and Charges for Local Sports Clubs on the basis that his wife is a member of the Tathra AFL Committee.  Mr McMahon remained in the meeting room and was involved in the matter.

A motion was moved by Crs Allen and Fitzpatrick

That Council call a public meeting of all interested parties to discuss the matter of fees for sportsgrounds for the 2018/19.

The motion was put to the vote and LOST.

In favour:             Crs Fitzpatrick, Bain and Allen

Against:                  Crs Nadin, Griff, McBain, Seckold, Tapscott and Dodds

A motion was foreshadowed by Crs Nadin and McBain

1.    That Council adopt the exhibited fees and charges for Local Sports Club User Group fees/charges to be trialled as an individual rate for each registered player - $20/season for an adult ($15 per season for adults for netball across the Shire) and $10/season for a junior (under 18 years of age) for the 2018/19 year with the Clubs to be invoiced relevant amounts.

2.    That where local Sports Clubs have increases in fees from the 2017/18 of more than 25% or $250 the amount of the fee increase be applied at 25% for 2018/19.

3.    That the financial benefits (reduced costs and or energy rebates) from installation of the solar system by Tathra Sea Eagles at Lawrence Park be invested and utilised at that site through alternate operations and maintenance works.

4.    That an investigation be undertaken of the use of Facility Management Plans (FMP) to estimate fees and charges for future years based on facility use.

5.    That Council call a public meeting of all interested parties to discuss the matter of fees for sportsgrounds for the 2019/20.

The motion was put to the vote and LOST.

In favour:             Crs Nadin, McBain, Seckold and Allen

Against:                  Crs Fitzpatrick, Bain, Griff, Tapscott and Dodds

A motion was foreshadowed Crs Dodds and Griff

1.      That Council adopt the exhibited fees and charges for Local Sports Club User Group fees/charges to be trialled as an individual rate for each registered player - $20/season for an adult and $10/season for a junior (under 18 years of age) for the 2018/19 year with the Clubs to be invoiced relevant amounts.

2.      That where local Sports Clubs have increases in fees from the 2017/18 of over 50% or $500 the amount of the fee increase be applied at 50% in 2018/19.

3.      That the financial benefits (reduced costs and or energy rebates) from installation of the solar system by Tathra Sea Eagles at Lawrence Park be invested and utilised at that site through alternate operations and maintenance works. 

4.      That an investigation be undertaken of the use of Facility Management Plans (FMP) to estimate fees and charges for future years based on facility use.

5.      That Council call a public meeting of all interested parties to discuss the matter of fees for sportsgrounds for the 2019/20.

The motion was put to the vote and CARRIED.

A motion was foreshadowed Cr Fitzpatrick

1.      That Council advertise the 2017/18 fee structure be applied for the 2018/19 year.

2.      That the financial benefits (reduced costs and or energy rebates) from installation of the solar system by Tathra Sea Eagles at Lawrence Park be invested and utilised at that site through alternate operations and maintenance works. 

3.      That Council call a public meeting of all interested parties to discuss the matter of fees for sportsgrounds for the 2019/20.

170/18

RESOLVED on the motion of Crs Dodds and Griff

1.      That Council adopt the exhibited fees and charges for Local Sports Club User Group fees/charges to be trialled as an individual rate for each registered player - $20/season for an adult and $10/season for a junior (under 18 years of age) for the 2018/19 year with the Clubs to be invoiced relevant amounts.

2.      That where local Sports Clubs have increases in fees from the 2017/18 of over 50% or $500 the amount of the fee increase be applied at 50% in 2018/19.

3.      That the financial benefits (reduced costs and or energy rebates) from installation of the solar system by Tathra Sea Eagles at Lawrence Park be invested and utilised at that site through alternate operations and maintenance works. 

4.      That an investigation be undertaken of the use of Facility Management Plans (FMP) to estimate fees and charges for future years based on facility use.

5.      That Council call a public meeting of all interested parties to discuss the matter of fees for sportsgrounds for the 2019/20.

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

Against:                  Crs Fitzpatrick and Allen

12.5

RFT 59/18 Recreational Fishery Waste Services

171/18

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council decline to accept the offer.

2.    That Council notify the tenderer that no tender was accepted.

3.    That authority is delegated to the General Manager to enter into direct negotiations with the tenderer with a view to entering into a contract in relation to the subject matter of the tender, via a fair and accountable process.

4.    That the reason for declining to invite fresh tenders or applications is because the scope of the tender remains unchanged and cannot be meaningfully amended and so cannot be expected to attract market attention that would not already have been present in this tender invitation process.

5.    That the reason for determining to enter direct negotiations is to identify opportunities for reduced costs by divesting risk, lowering levels of service, or by any other method as compared to the tendered offer.

6.    That authority is delegated to the General Manager to accept the result of the direct negotiation process, or; invite fresh applications by public advertisement, postpone, or cancel the proposal for the contract.

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

Against:                  Nil

12.6

Community Hall Maintenance Funding 2018/19 and Community Hall Committee Nominations

172/18

RESOLVED on the motion of Crs Bain and Nadin

1.      That Council endorse expenditure from the 2018/19 halls maintenance budget as described in this report.

2.      That Council appoint nominees to Council’s Community Hall Committees as indicated in the attached Confidential Memorandum.

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

Against:                  Nil

12.7

RFT 47/18 Tathra to Kalaru Bike Track - Kalaru Section and Water Main Renewal

Cr Seckold declared a non pecuniary interest regarding Item 12.7, RFT 47/18 Tathra to Kalaru Bike Track - Kalaru Section and Water Main Renewal on the basis that she is the Chair of Bega Tathra Saferide.  This includes the Kalaru Tathra section. Cr Seckold departed the meeting room, taking no part in debate or voting on this item.

05:11 pm       Cr Seckold left the meeting.

RESOLVED unanimously on the motion of Crs Nadin and Dodds

That Council accept the recommendations as outlined in the Confidential Attachment.

173/18

RESOLVED on the motion of Crs Nadin and Dodds

1.      That Council accept the tender from RD Miller Pty Ltd in relation to contract for the works described in Tender RFT 47/18, in the amount of $511,816.00 (including GST), subject to variations, provisional sums and prime cost items as per the Tender Panel recommendations.

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

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

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

Against:                  Nil

Absent:                    Cr Seckold

12.8

Bermagui Indoor Stadium - Site Committee Operations

174/18

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the report.

2.    That Council endorse investigating the options for management of the Bermagui Indoor Stadium as outlined this report and in consultation with the Bermagui community.

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

Against:                  Nil

12.9

Tathra Everyone Can Play Inclusive Playspace - Project Update

175/18

RESOLVED on the motion of Crs Bain and Seckold

1.    That the information in the report be received and noted.

2.    That Council delegate authority to the Mayor and General Manager to endorse and approve elements of the project as required as a method to help progress of the project timeline; and that Councillors be informed of major items by Memo.

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

Against:                  Nil

12.10

Bega Valley Local Traffic Committee

176/18

RESOLVED on the motion of Crs Fitzpatrick and Bain

In accordance with the recommendation in report 5210 it is recommended that Council adopt the following:

1812.SE.078 - Bega Valley Rally 8 – 9 June 2019 (alternate date of 28-29 September 2019)

Recommendation

1.    That, subject to conditions, Upper Cobargo Road, Stoney Creek between the intersections of the Princes Highway and Snowy Mountains Highway be temporarily closed between 12.00pm and 6.30pm on Saturday, 8 June 2019 for the duration of a competitive stage of the Bega Valley Rally.

2.    That, subject to conditions, Buckajo Road, Buckajo between the intersections of Snowy Mountains Highway and Spring Creek Road is temporarily closed between 12.00pm and 6.30pm on Saturday, 8 June 2019 for the duration of a competitive stage of the Bega Valley Rally.

3.    That, subject to conditions, The Snake Track, Kiah between the intersections of the Princes Highway and Towamba Road be temporarily closed between 08.30am and 5.00pm on                                           Sunday, 9 June 2019 for the duration of a competitive stage of the Bega Valley Rally.

4.    That the proposed traffic arrangements involving the temporary closure of sections of Upper Cobargo Road, Buckajo Road and The Snake Track for the Bega Valley Rally on Saturday, 8 June 2019 and Sunday, 9 June 2019, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

7.    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.

8.    That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

9.    That signage be displayed advising of road closures.

10.  That letters be sent to impacted landowners informing them of the event and notifying them of the road closures.

1812.RSP.082 - Installation of One Way directional flow and signage Park Street car park, Merimbula

Recommendation:

That Council approve the installation of one way directional circulation flow for the Park Street car park along with pavement markings and signage.

1812.SE.079 – Eat Merimbula Food Festival – 10 March 2019

Recommendation

1.       That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7.00am and 5.00pm on Sunday, 10 March 2019 for Eat Merimbula Food Festival.

2.       That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only, but deemed to be a two-lane closure for safety purposes.

3.       That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

4.       That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 10 March 2019 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

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

Against:                  Nil

13.1

Code of Conduct Statistical Reporting 2017/2018

177/18

RESOLVED on the motion of Crs Nadin and Bain

That Council note the report.

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

Against:                  Nil

13.2

Classification of land dedicated to Council at Pambula

178/18

RESOLVED on the motion of Crs Tapscott and Seckold

That Council give notice of its intention to classify Lot 17 and 18 DP 1247734 at Monaro Street, Pambula as Operational Land under Section 34 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

13.3

Classification of land recently acquired by Council at Eden

179/18

RESOLVED on the motion of Crs Tapscott and Seckold

1.    That Council note a 28 day public notification process was completed regarding the proposal to classify Lot 14 DP 843373 recently acquired by Council as Operational Land, with no submissions received.

2.    That Council resolve to classify Lot 14 DP 843373 at Eden as Operational Land under Section 31 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

15.

Adoption of reports from Standing Committees

There were no reports to standing committees

16.1

Country Mayors Association meeting held 2 November 2018

The report published in the Agenda for the meeting on 12 December was noted.

20.1

Tathra Service Station Sign

Cr Dodds asked for an update regarding the large sign at the service station in Tathra.

The Acting Director, Community Environment and Planning responded that there are two issues being the height of the sign and light shed causing a nuisance to the adjoining owners.

The consent issued required the sign to be reduced in height within 12 months of the date of issue. This condition has not been complied with. The applicant lodged a modification application seeking an extension to this condition which was not supported and refused under delegation. A penalty infringement notice has been issued to the owner of the land for non-compliance with a condition of consent.

Council has received a number of complaints over an extended period of time regarding light shed from the sign an flickering. Staff have been working with the operator to resolve this problem. As a result of the latest complaint the owner has been directed to turn the sign off until the matter is resolved. Should this direction not be complied with  further penalty infringement notices will be issued. The operator has advised that the sign will be replaced with the rebranding of the service station and a development application should be lodged in the new year

20.2

Permanent disaster relief fund

Cr McBain asked that Council receive advise as to the ability to set up a permanent disaster relief fund.  Previous guidelines of the office of Emergency Management noted Council had an ability to do, however the experience of setting up the Mayoral Appeal fund was difficult in achieving DGR status.  Would it be better to work with third parties or registered charities to set up such h a fund for the future.

The Director Business and Governance advised:

•     The Tathra and District Mayoral Appeal Fund was established utilising advice received, mainly verbally, from the NSW Office of Emergency Management (OEM) and the Australian Taxation Office (ATO).

•     While the EOM website has advice on setting up such a fund, both the OEM and ATO advised that this was out of date.

•     OEM has advised that they are currently revising the advice on their website to being it in line with current legislation.

•     That Council staff a currently exploring various options to enable an ongoing emergency relief fund to be established that meets current legislation and will be available to take donations and make distributions for future disasters.