1.

Apologies

32/21

RESOLVED on the motion of Crs Allen and Bain

That the apology from Cr Liz Seckold for 10 March 2021 Council Meeting be noted.

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

Against:                  Nil

Absent:                    Cr Seckold

2.

Confirmation of Minutes

33/21

RESOLVED on the motion of Crs Bain and Griff

That the Minutes of the Ordinary Meeting and Closed session held on 17 February 2021 and the Extraordinary Meeting held on 24 February 2021 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Seckold

8.1

Draft Use of Public Land (Local Approvals) Policy

An amendment to the motion was proposed by Dr Howe

1. That Council resolve to publicly exhibit the draft Use of Public Land (Local Approvals) Policy, with an amendment to remove reference to ‘Appendix 1 Use of Council Road Reserve Guideline’ in a number of pages of the draft Policy, for a period of not less than 42 days.

34/21

RESOLVED on the motion of Crs Dodds and Allen

1.    That Council resolve to publicly exhibit the draft Use of Public Land (Local Approvals) Policy,         with an amendment to remove reference to ‘Appendix 1 Use of Council Road Reserve         Guideline’ in a number of pages of the draft Policy, for a period of not less than 42 days.

2.    That Council officers prepare a further report to Council following public exhibition that provides a final version of the Policy and proposed complimentary amendments to Bega Valley Local Environmental Plan 2013.

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

Against:                  Nil

Absent:                    Cr Seckold

.

Movement of Item 11.7 Bridges Funding

35/21

RESOLVED on the motion of Crs Griff and Dodds

That Council bring forward Item 11.7 Bridges Funding to be dealt with prior to Item 9.1

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

Against:                  Nil

Absent:                    Cr Seckold

8.2

Submission on Options Paper: Agriculture Land Use Planning Strategy

36/21

RESOLVED on the motion of Crs Bain and Allen

That Council provide a formal submission (Attachment 1) to the NSW Department of Primary Industries on the Options Paper: Agriculture Land Use Planning Strategy.

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

Against:                  Nil

Absent:                    Cr Seckold

11.7

Bridges Funding

A motion as moved by Crs Griff and Dodds

1.    That Council accept the funding being offered under the NSW Governments Fixing Country Bridges Program, excluding Cuttagee Bridge.

        2.    That Council write to the NSW Government reinforcing the value of the Fixing Country                 Bridges Program, thanking them for recognising the need to replace timber bridges                       across the Bega Valley and advocating for continuation of the program.

The motion was put to the vote and it was LOST

In favour:             Crs Griff and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

Absent:                    Cr Seckold

A motion was foreshadowed by Crs Fitzpatrick and Bain

That Council:

1.    Accept the funding being offered under the NSW Governments Fixing Country Bridges Program

2.    Note that it is unlikely the Pretty Point Bridge Project will be funded under the Fixing Country Bridges Program given construction has commenced

3.    Endorse replacing the current single lane timber Cuttagee Bridge with a two-lane concrete bridge that is sympathetic to heritage and tourism values of the Tathra-Bermagui Road tourist route acknowledging that the existing bridge is not feasible to retain and endorse lodgement of a Development Application for the demolition of the bridge

4.    Engage a heritage consultant to work with Council and the community to identify how to reflect heritage and tourism values in any new structure and a coastal engineer to assist Council to determine an appropriate design that addresses identified coastal hazards at this location

5.    Delegate the General Manager to form a community advisory group to provide guidance on how best to capture the heritage of Cuttagee Bridge

6.    Lodge an application to the Building Better Regions Fund for Cuttagee Bridge replacement and associated works

7.    Commit to allocating funds or borrowing any potential shortfall required between grant funding and the cost of replacing Cuttagee Bridge

8.    Write to the NSW Government reinforcing the value of the Fixing Country Bridges Program, thanking them for recognising the need to replace timber bridges across the Bega Valley and advocating for continuation of the program

An amendment to the motion was proposed by Cr Griff

That any new bridge structure at Cuttaggee be referred to the Traffic Committee to advocate for a reduced speed limit

3.    Endorse replacing the current single lane timber Cuttagee Bridge with a two-lane concrete bridge that is sympathetic to heritage and tourism values of the Tathra-Bermagui Road tourist route acknowledging that the existing bridge is not feasible to retain and endorse lodgement of a Development Application for the demolition of the bridge

The amendments were not accepted by Crs Fitzpatrick and Bain

An amendment to the motion was proposed by Cr Bain

5.    Delegate the General Manager to form a community advisory group to provide guidance on how best to capture the heritage of Cuttagee Bridge, and the group include a representative of the Biamanga National Park Management Group.

The amendment was accepted by Cr Fitzpatrick

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Bain, Nadin, Allen and Dodds

Against:                  Crs Griff

Absent:                    Cr Seckold

37/21

RESOLVED on the motion of Crs Fitzpatrick and Bain

It is recommended that:

1.    Council accept the funding being offered under the NSW Governments Fixing Country Bridges Program

2.    Note that it is unlikely the Pretty Point Bridge Project will be funded under the Fixing Country Bridges Program given construction has commenced

3.    Endorse replacing the current single lane timber Cuttagee Bridge with a two-lane concrete bridge that is sympathetic to heritage and tourism values of the Tathra-Bermagui Road tourist route acknowledging that the existing bridge is not feasible to retain and endorse lodgement of a Development Application for the demolition of the bridge

4.    Engage a heritage consultant to work with Council and the community to identify how to reflect heritage and tourism values in any new structure and a coastal engineer to assist Council to determine an appropriate design that addresses identified coastal hazards at this location

5.    Delegate the General Manager to form a community advisory group to provide guidance on how best to capture the heritage of Cuttagee Bridge and the group include a representative of the Biamanga National Park Management Group.

6.    Lodge an application to the Building Better Regions Fund for Cuttagee Bridge replacement and associated works

7.    Commit to allocating funds or borrowing any potential shortfall required between grant funding and the cost of replacing Cuttagee Bridge

8.    Write to the NSW Government reinforcing the value of the Fixing Country Bridges Program, thanking them for recognising the need to replace timber bridges across the Bega Valley and advocating for continuation of the program

In favour:             Crs Fitzpatrick, Bain, Nadin, Allen and Dodds

Against:                  Crs Griff

Absent:                    Cr Seckold

9.1

Proposal to advocate for local involvement in review of the suitability of the name of Ben Boyd National Park

A motion was moved by Crs Bain and Allen

1.    That Council write to the Minister for the Environment, The Hon Matt Kean MP, requesting that local Aboriginal people be involved in the current independent historical review of Ben Boyd’s activities and the appropriateness of the name of Ben Boyd National Park.

2.    That Council also advise Minister Kean that it would like to advocate for a dual naming of Ben         Boyd National Park as recognition of our shared history.

3.    That Council provide a copy of Council’s correspondence to the Member for Bega and the         Sapphire Coast Area Manager of the NSW National Parks and Wildlife Service.

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff and Dodds

Absent:                    Cr Seckold

A motion was foreshadowed by Cr Dodds

That Council:

1.    Write to the Minister for the Environment, The Hon Matt Kean MP, requesting that local Aboriginal people be involved in the current independent historical review of Ben Boyd’s activities and the appropriateness of the name of Ben Boyd National Park.

2.   Provide a copy of Council’s correspondence to the Member for Bega and the Sapphire Coast Area Manager of the NSW National Parks and Wildlife Service.

38/21

RESOLVED on the motion of Crs Bain and Allen

1.    That Council write to the Minister for the Environment, The Hon Matt Kean MP, requesting that local Aboriginal people be involved in the current independent historical review of Ben Boyd’s activities and the appropriateness of the name of Ben Boyd National Park.

2.    That Council also advise Minister Kean that it would like to advocate for a dual naming of Ben         Boyd National Park as recognition of our shared history.

3.    That Council provide a copy of Council’s correspondence to the Member for Bega and the         Sapphire Coast Area Manager of the NSW National Parks and Wildlife Service.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff and Dodds

Absent:                    Cr Seckold

9.2

Proposed amendments to grants, awards and scholarships programs

39/21

Note:

Original minutes published on 11/3/21 have been amended, as per resolution 56/21

Changes are reflected in RED

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That Council:

1.    Consolidate the existing Awards and Scholarships Committee, Bega Valley Medallion Committee and various grant determination processes into a Grants Committee comprised of Councillors and senior staff, and an Awards Committee comprised of Councillors and members of the community.

2.    Note Council’s support for the diverse range of community-led events across the Bega Valley Shire that are held on Australia Day, ANZAC Day and NAIDOC Week, and include funding for these events in Council’s annual budget process.

3.    Publicly exhibit for not less than 42 days proposed changes to Council’s grants, awards and scholarships programs, as identified in this report, which in summary are to:

        a) Amend delivery of Council’s community grants and scholarships program in response to community feedback

b) Combine Council’s annual Local Awards and Bega Valley Medallion Awards (with retention of the Bega Valley Medallion Award name) and discontinue Council’s annual Sportsperson of the Year Award

        c) Hold one major annual ceremony to award the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year and Medallion Awards, and conferral of citizenship

        d) Hold minor citizenship ceremonies on the date not adopted for the Shire’s main awards ceremony and on other dates throughout the year, subject to demand and the requirements of the Australian Department of Home Affairs

        e) Determine whether that the date of the major annual ceremony is 26 January (Australia Day).

4.    Request a further report to Council following the conclusion of the public exhibition period.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff and Dodds

Absent:                    Cr Seckold

11.1

Community Project Proposals

A motion was moved by Cr Dodds

1.    That Council note the report and the attached Community Project Proposal summary.

2.    That the proposal for the memorial walk at Beach Street Merimbula have in principle support to enable grant funding submissions, noting ongoing operational costs and future asset renewal by the applicant, with further development of engineering plans to be provided for approval.

3.    That it is noted the proposal for the Tathra Headland pathway bicycle parking stands has merit and that bike racks be included in future planning for the area.

4.    That the proposal for Sapphire Local Hero's volunteer track be given in principle support to enable more detailed project development and scoping and subject to approvals. Further project concepts to be reported back to Council for consideration and final approval including information and recommendations on management of the section that crosses private land. All project costs to be funded by the applicant.

5.    That the proposal for Eden Fitness trail public artwork is supported.

6.    That the proposal for Yowrie Road upgrade is supported in principle by Council and is dependent on external grant funding, and Council note that a letter of support has been provided to assist in funding applications.

7.    That the proposal for shade trees at Wolumla Recreation Ground is supported by Council.

8.    That the proposal for Eden Swimming Pool kitchen upgrade is supported by Council, with project costs to be funded by the applicant.

9.    The proposal for a woodfired pizza oven at Towamba Playground is not supported by Council noting this would require it to be removed. The installation of the permanent external power outlet is supported subject to it being relocated to a more suitable position on site to be approved by Council staff. The new concrete pathway is supported by Council.

10.  That the proposal for replacement of decking at Pambula Surf Life Saving Club be supported by Council, with costs to be funded by the applicant and Council note that a letter of support has been provided to assist in funding applications.

11.  That the proposal for renewal of Aslings Beach Eden Rock Pool not be supported by Council due to predicted high whole of life costs and risk, but note the exceptional quality of the application.

12.  That the proposal for Merimbula Beach Street engraved pavers be supported by Council.

13.  That the proposal for Towamba Hall upgrade has in principle support for the applicant to apply for external grants noting Council doesn’t have financial resources to support or staff resources to assist with grants.

14.  That a further report be brought back to Council outlining options for Community Project Proposals moving forward.

An amendment to the motion was proposed by Cr Fitzpatrick

4.    That the proposal for Sapphire Local Hero's volunteer track be given in principle support to enable more detailed project development and scoping and subject to approvals Further project concepts to be reported back to Council for consideration and final approval including information and recommendations on management of the section that crosses private land. All project costs to be funded by the applicant. provided it is at no cost to Council and that Council does support funding of the project occurring until     after least after the Merimbula Boardwalk is renewed.

The amendment was accepted by Cr Dodds

9.    The proposal for a woodfired pizza oven at Towamba Playground is not supported by Council noting this would require it to be removed. The installation of the permanent external power outlet is supported subject to it being relocated to a more suitable position on site to be approved by Council staff. The new concrete pathway is supported by Council.

9.

        a.    That Council note the pizza oven was constructed without permission

        b.    That the permanent external power outlet is supported subject to it being relocated to a                 more suitable position on site to be approved by Council staff

        c.     That Council endorse the construction of the pizza oven subject to the applicant                              providing a suitable risk management plan that is endorsed by Council staff.

The amendment was accepted by Cr Dodds

11.  That the proposal for renewal of Aslings Beach Eden Rock Pool not be supported by Council, on the basis that Council would be required to contribute to predicted high whole of life costs and risk, but note the exceptional quality of the application and that the Mayor facilitate a meeting with key players including the RSL, Crown Lands and the applicant.

The amendment was accepted by Cr Dodds

40/21

RESOLVED on the motion of Crs Dodds and Nadin

1.    That Council note the report and the attached Community Project Proposal summary.

2.    That the proposal for the memorial walk at Beach Street Merimbula have in principle support to enable grant funding submissions, noting ongoing operational costs and future asset renewal by the applicant, with further development of engineering plans to be provided for approval.

3.    That it is noted the proposal for the Tathra Headland pathway bicycle parking stands has merit and that bike racks be included in future planning for the area.

4.    That the proposal for Sapphire Local Hero's volunteer track be given in principle support to enable more detailed project development and scoping and subject to approvals provided it is at no cost to Council and that Council does support funding of the project occurring until after least after the Merimbula Boardwalk is renewed.

5.    That the proposal for Eden Fitness trail public artwork is supported.

6.    That the proposal for Yowrie Road upgrade is supported in principle by Council and is dependent on external grant funding, and Council note that a letter of support has been provided to assist in funding applications.

7.    That the proposal for shade trees at Wolumla Recreation Ground is supported by Council.

8.    That the proposal for Eden Swimming Pool kitchen upgrade is supported by Council, with project costs to be funded by the applicant.

9.    a.    That Council note the pizza oven was constructed without permission

        b.    That the permanent external power outlet is supported subject to it being relocated to a                 more suitable position on site to be approved by Council staff

        c.     That Council endorse the construction of the pizza oven subject to the applicant                              providing a suitable risk management plan that is endorsed by Council staff.

10.  That the proposal for replacement of decking at Pambula Surf Life Saving Club be supported by Council, with costs to be funded by the applicant and Council note that a letter of support has been provided to assist in funding applications.

11. That the proposal for renewal of Aslings Beach Eden Rock Pool not be supported by Council, on the basis that Council would be required to contribute to predicted high whole of life costs and risk, but note the exceptional quality of the application and that the Mayor facilitate a meeting with key players including the RSL, Crown Lands and the applicant.

12.  That the proposal for Merimbula Beach Street engraved pavers be supported by Council.

13.  That the proposal for Towamba Hall upgrade has in principle support for the applicant to apply for external grants noting Council doesn’t have financial resources to support or staff resources to assist with grants.

14.  That a further report be brought back to Council outlining options for Community Project Proposals moving forward.

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

Against:                  Nil

Absent:                    Cr Seckold

11.2

Acquisition of easement to drain sewage

41/21

RESOLVED on the motion of Crs Allen and Bain

1.    That Council enter into a formal Deed of Agreement with the landowners of Lot 32 DP 632880 at 31 Upper Street, Bega for the acquisition of an easement to drain sewage for a value of $13,000 plus GST.

2.    That Council enter into a formal Deed of Agreement with the landowners of Lot 1 DP 195797 at 31 Gordon Street, Bega for the acquisition of an easement to drain sewage for a value of $500 plus GST.

3.    That all costs associated with the creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

4.    That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect creation of the easements.

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

Against:                  Nil

Absent:                    Cr Seckold

11.3

Twyford Hall consolidation

42/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note the report.

2.    That Council approve the proposed consolidation of the Twyford Hall Complex land parcels, being Lot 1 and 2 DP 504572, Lot 511 DP 818052 and Lot 513 DP 858364.

3.    That all costs associated with this matter, including all legal costs, survey work, plan preparation and registration fees be borne by Twyford Hall Incorporated.

4.    That the General Manager and/or Mayor be authorised to execute the necessary documentation to affect the above course of action.

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

Against:                  Nil

Absent:                    Cr Seckold

11.4

RFT 2021-52 - Eden aerobic tank diffuser replacement, rubber membrane replacement and concrete tank repairs

43/21

RESOLVED on the motion of Crs Allen and Bain

1.   That Council accept the recommendations in the Confidential Memorandum.

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

Against:                  Nil

Absent:                    Cr Seckold

44/21

RESOLVED on the motion of Crs Allen and Dodds

2.    That Council accept the tender from Aquatec-Maxcon in relation to contract for the works described in Tender RFT 2021-52 for Eden Aerobic Tank Diffuser Replacement, Rubber Membrane Replacement and Concrete Tank Repairs, in the amount of $293,700 (including GST), subject to provisional sums, variations, and prime cost items.

3.    That authority be delegated to the General Manager, or in the General Manager’s absence the Director Assets and Operations, to execute all necessary documentation.

4.    That all tenderers be advised on Council’s decision.

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

Against:                  Nil

Absent:                    Cr Seckold

11.5

Bega Valley Local Traffic Committee

45/21

RESOLVED on the motion of Crs Allen and Bain

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 3 February 2021 to be tabled at the 10 March 2021 Council meeting.

Tathra Mountain Bike Enduro – 12-13 June 2021 - Long weekend or 18-19 September 2021

The Tathra Mountain Bike Club request approval for June long weekend but have also requested the September dates in the event that the June event needs to be cancelled due to unexpected weather conditions. The Enduro will commence at the Tathra Country Club.  It is proposed to use a section of Andy Poole Drive and Bay Drive to Mogareeka as well as rural gravel roads, fire trails and off-road single tracks.

Recommendation

That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 12 June and Sunday, 13 June 2021 be approved. If the event is unable to proceed on Saturday, 12 June and Sunday, 13 June 2021, then Saturday, 18 September and Sunday, 19 September 2021 be approved as alternate dates for the event.

That the event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with Transport for NSW (TfNSW) Traffic Control Manual.

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.

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

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

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

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.

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

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

Approval subject to current Traffic Control Plan (TCP).

That the event operates strictly under the NSW Health Department COVID19 conditions.

A copy of the submission is in link below and marked ‘Attachment 5.1’.

Attachment 5.1: https://begavalley.nsw.gov.au/page.asp?f=RES-SHA-05-80-51

ANZAC Day March and Service 2021 – Bega Valley Shire Area

A submission has been received for the 2021 ANZAC Day Services in the following locations:

Wolumla: 8.45am Assemble at Wolumla Hall – March from Wolumla Hall along Bega Street to the Wolumla Memorial.

Bega Dawn Service: 5.30am Assemble at Mitre 10 Auckland Street Bega – March to Carp Street Bega Memorial.

Bega: 10.30am Assemble at Gipps Street Bega – March down Carp Street to Bega Memorial

Bemboka: 10.30am Assemble – Opposite Hobbs Store Loftus Street Bemboka – March to Bemboka Memorial.

Tathra Dawn Service: 5.50am Assemble at Memorial for Dawn Service

Tathra: 7.30am Assemble at Anglican Church Bega Street, Tathra – March to Tathra
Memorial.

Please Note: All Anzac Day Traffic Control Plans will be prepared and provided by Council staff prior to the date.

Recommendation

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

That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day Dawn
Service, March and Service in Bega, ANZAC Day Dawn Service, March and Service in Tathra
and Wolumla be approved and deemed a Class 2 Special Event.

That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra, Bega Street and Wolumla Road in Wolumla be temporarily closed on Sunday, 25 April 2021 for the Bega RSL Sub Branch ANZAC Day proceedings, as per the Traffic Control Plans.

That the temporary closure of the Snowy Mountains Highway, Bemboka is solely for Transport for NSW determination.

Approval subject to current Traffic Control Plan (TCP). Each of the above are using Local RFS

for this. 

That the event operates strictly under the NSW Health Department COVID19 conditions

A copy for each submission is in link below and marked ‘Attachment 5.2’.

Attachment 5.2: https://begavalley.nsw.gov.au/page.asp?f=RES-KRA-52-46-27

ANZAC Day March & Service 2021, Candelo RSL

A submission has been received from Candelo RSL Sub Branch for the 2021 ANZAC Day Service only. The Service will be conducted at the War Memorial, concluding at 12.00pm.

Recommendation:

That the proposed traffic arrangements for the Candelo RSL Sub Branch ANZAC Day Service on Sunday, 25 April 2021 be approved and deemed a Class 2 special event.

That the section of William Street, Candelo between the intersections of Hood Street and Queen Street be temporarily closed on Sunday, 25 April 2021 for the Candelo RSL Sub Branch ANZAC Day Service, in accordance with Traffic Control Plan.

Approval subject to current Traffic Control Plan (TCP).  

That the event operates strictly under the NSW Health Department COVID19 conditions.

 A copy of the submission is in link below and marked ‘Attachment 5.3’.

Attachment 5.3: https://begavalley.nsw.gov.au/page.asp?f=RES-OWJ-64-57-30

ANZAC Day March & Service 2021 – Merimbula & Pambula

A submission has been received from Merimbula RSL Sub Branch for the 2021 ANZAC Day Dawn Service in Merimbula and the main March and Service in Merimbula and Pambula.

The Merimbula Dawn Service will be held between 5.30am and 7.00am and will require the closure of Beach Street, Merimbula between the intersections of Alice Street and Main Street from 5.30am to 7.30am.

The Pambula March will assemble on Quondolo Street (Princes Highway), Pambula from 8.40am and proceed at 9.00am to the War Memorial for the Service. The March and Service will require the closure of Quondolo Street, between the Oregon Street and Bullara Street intersections, from 8.30am to 10.15am. Princes Highway traffic will be diverted to Merimbola Street.

The Merimbula March will assemble at the Merimbula RSL Club at 10.40am and proceed at 11.00am along Main Street, Market Street and Beach Street concluding with a Service at the War Memorial. The closure of Main Street and Market Street, Merimbula will be required for the duration of the March only, while Beach Street will be closed between the Alice Street and Main Street intersections from 10.30am to 12.15pm for the Service.

Recommendation:

That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day Dawn Service, March and Service in Merimbula on Sunday, 25 April 2021 be approved and deemed a Class 2 special event.

That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day March and Service in Pambula on Sunday, 25 April 2021 be approved and deemed a Class 1 special event.

That sections of Main Street, Market Street and Beach Street, Merimbula and Quondolo Street (Princes Highway), Pambula be temporarily closed on Sunday, 25 April 2021 for the Merimbula RSL Sub-Branch ANZAC Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

That the temporary closure of the Princes Highway, Pambula is a matter solely for Transport for NSW Road Occupancy Licence determination.

Approval subject to current Traffic Control Plan (TCP).  

That the event operates strictly under the NSW Health Department COVID19 conditions

A copy of the submission is in link below and marked ‘Attachment 5.4’.

Attachment 5.4: https://begavalley.nsw.gov.au/page.asp?f=RES-YRY-57-42-13

ANZAC Day March & Service 2021 – Cobargo

A submission has been received  for the 2021 ANZAC Day Service in Cobargo. The March will commence at approximately 10.30am from the Cobargo School of Arts and travel along Cobargo Bermagui Road, Princes Highway and Tarlinton Street, Cobargo to the Memorial. The Service will be held off street, on private property.

Recommendation:   

That the proposed traffic arrangements for the Cobargo RSL Sub Branch ANZAC Day March on Sunday, 25 April 2021 be approved and deemed a Class 1 special event.

That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Sunday, 25 April 2021 for the Cobargo RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan.

That the temporary closure of the Princes Highway, Cobargo is solely for Transport for NSW determination.

Approval subject to current Traffic Control Plan (TCP).

That the event operates strictly under the NSW Health Department COVID19 condition.

A copy of the submission is in link below and marked ‘Attachment 5.5’.

Attachment 5.5: https://begavalley.nsw.gov.au/page.asp?f=RES-HBK-21-15-86

ANZAC Day March & Service 2021 – Bermagui

A submission has been received for the 2021 ANZAC Day Service in Bermagui. The March will commence at approximately 10.00am from the chemist shop up Lamont Street to the Memorial opposite the caravan park. The Service will be held off street.

Recommendation:   

That the proposed traffic arrangements for the Bermagui RSL Sub Branch ANZAC Day March
on Sunday, 25 April 2021 be approved and deemed a Class 1 special event.

That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Sunday, 25 April 2021 for the Bermagui RSL Sub Branch ANZAC Day March.

Approval subject to current Traffic Control Plan (TCP)

A copy of the submission is in link below and marked ‘Attachment 5.6’.

Attachment 5.6: https://begavalley.nsw.gov.au/page.asp?f=RES-QQT-74-68-40

ANZAC Day March & Service 2021 – Eden.

We have received the paperwork for the Eden ANZAC day march.

The submission is for the 2020 ANZAC Day Service in Eden.  The participants will assemble from 10.00am, with the march to proceed between 10.00am and 12.00pm along Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden.

Recommendation:   

That the proposed traffic arrangements for the Eden RSL Sub Branch ANZAC Day March on Sunday, 25 April 2021 be approved and deemed a Class 2 Special Event.

That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Sunday, 25 April 2021 for the Eden Sub Branch ANZAC Day March, in accordance with the Traffic Control Plans.

Approval to be given subject to a current Public Liability Insurance Certificate.

A copy of the submission is in link below and marked ‘Attachment 5.7’.

Attachment 5.7: https://begavalley.nsw.gov.au/page.asp?f=RES-SIB-85-70-51

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

Against:                  Nil

Absent:                    Cr Seckold

11.6

Quaama Relief Centre Temporary Demountable Building

A motion was moved by Crs Allen and Griff

1.    That Council notes the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building located on the grounds of the Quaama hall site is no longer progressing.

2.    That Council provide Quaama Bushfire Relief Centre continued use of the Quaama hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement at the rate of $80 per month.

An amendment to the motion was proposed by Cr Griff

1.    That Council notes the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building located on the grounds of the Quaama hall site is no longer progressing.

2.    That Council provide Quaama Bushfire Relief Centre continued use of the Quaama hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement at the rate of $80 per month

3.    That the rate is tied to the expectation that other groups can utilise the facility.

The amendment was not accepted by Cr Allen.

The motion was put to the vote and it was TIED

In favour:             Crs Fitzpatrick, Griff and Allen

Against:                  Crs Bain, Nadin and Dodds

Absent:                    Cr Seckold

The Mayor used his casting vote to vote in favour of the motion and it was CARRIED

A motion was foreshadowed by Cr Bain

1.    That Council notes the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building located on the grounds of the Quaama hall site is no longer progressing.

2.    That Council provide Quaama Bushfire Relief Centre continued use of the Quaama hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement at the rate of $36 per half day or $61.50 per day as detailed in Council’s adopted fees and charges.

A motion was foreshadowed by Cr Dodds

1.    That Council notes the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building located on the grounds of the Quaama hall site is no longer progressing.

2.    That Council provide Quaama Bushfire Relief Centre continued use of the Quaama hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement with a reduced rate per half day or per day.

46/21

RESOLVED on the motion of Crs Allen and Griff

1.    That Council notes the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building located on the grounds of the Quaama hall site is no longer progressing.

2.    That Council provide Quaama Bushfire Relief Centre continued use of the Quaama hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement at the rate of $80 per month.

In favour:             Crs Fitzpatrick, Griff and Allen

Against:                  Crs Bain, Nadin and Dodds

Absent:                    Cr Seckold

casting vote:      Crs Fitzpatrick

11.8

Classification of land at Kiah

47/21

RESOLVED on the motion of Crs Allen and Bain

1.    That Council note the 28-day public notification process has been completed regarding the proposal to classify Lot 68 DP 750223 at Kiah as operational land, with no submissions received.

2.    That Council resolve to classify Lot 68 DP 750223 at Kiah as operational land under Section 31 of the Local Government Act 1993.

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

Against:                  Nil

Absent:                    Cr Seckold

11.9

Proposed divestment of Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula

Cr Fitzpatrick declared a non-pecuniary but significant interest regarding Item 11.9 Proposed divestment of Lot 121 DP847899 Arthur Kaine Drive Merimbula, on the basis that he is a friend of 40 years of someone who is associated with one of the tenders/offers for the purchase of the property.

Cr Fitzpatrick departed the meeting and no took part in debate or voting on this item.

4:21pm Cr Fitzpatrick left the meeting

4:21pm Cr Allen assumed the role of Chair.

48/21

RESOLVED on the motion of Crs Nadin and Dodds

1.    That this matter be deferred for consideration in Confidential Closed Session the provisions         of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to         the public for business relating to (d) commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret

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

Against:                  Nil

Absent:                    Cr Seckold

12.1

Australian Local Government Association (ALGA) 2021 National General Assembly - Call for Motions

NOTE

Original Minutes Published on 11/03/2021 indicated incorrect year

Corrections are indicated in RED

A motion was moved by Crs Griff and Dodds

1.    That the Mayor, Cr Griff and Cr Dodds and the General Manager, or her delegate attend the         ALGA 2021 NGA.

2.    That the Motions for the ALGA National Assembly 20201 resolved on the 18 March 20201 be         forwarded to ALGA for consideration for inclusion in the Business Paper for the National         General Assembly with the exclusion of dot point 1, and the additional motions from Cr         Dodds

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff and Dodds

Absent:                    Cr Seckold

A motion was foreshadowed by Crs Fitzpatrick and Bain

1.    That the Mayor and General Manager attend the ALGA 2021 NGA, face to face, excluding the         regional forum and conference networking dinners.

2.    That Cr Dodds and Cr Griff attend the ALGA 2021 NGA, via virtual platform as voting         delegates.

3.    That the following Motions for the ALGA National Assembly 2021 be forwarded to ALGA      for consideration for inclusion in the Business Paper for the National General Assembly:

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

Absent:                    Cr Seckold

49/21

NOTE

Resolution 49/21 in Original Minutes Published on 11/03/2021 did not include a resolution number or mover and seconder

Corrections are indicated in RED

RESOLVED on the motion of Crs Fitzpatrick and Bain  Officer’s Recommendation

1.    That the Mayor and General Manager attend the ALGA 2021 NGA, face to face, excluding the         regional forum and conference networking dinners.

2.    That Cr Dodds and Cr Griff attend the ALGA 2021 NGA, via virtual platform as voting         delegates.

3.    That the following Motions for the ALGA National Assembly 2021 be forwarded to ALGA      for consideration for inclusion in the Business Paper for the National General Assembly:

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

Against:                  Nil

Absent:                    Cr Seckold

12.2

Rates Notice Improvements

50/21

RESOLVED on the motion of Crs Allen and Bain

That Council

1.    Receive and note the report

2.  Support the incentivised e-notice competition and improvements to the rates and water         notices.

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

Against:                  Nil

Absent:                    Cr Seckold

13.1

Borrowing Procedure

51/21

RESOLVED on the motion of Crs Bain and Allen

That Council endorse Procedure 6.06.9 - Borrowings as attached to this report

In favour:             Crs Fitzpatrick, Bain, Nadin, Dodds and Allen

Against:                  Cr Griff

Absent:                    Cr Seckold

17.1

Cr Bain - Traffic Improvement Projects

A response to Cr Bain’s Question with Notice was provided as a report in the Ordinary Council Meeting Agenda of 10 March 2021.

18.1

Pedestrian Access Improvements

Cr Dodds asked for clarification on:

·         the pedestrian blister at Colombo Park.

·         pedestrian crossings which force bike riders into the traffic

The General Manager replied that a question on notice on this is likely to be progressed at the next meeting by Cr Bain.

18.2

Vehicle Procurement

Cr Nadin asked for information on the number of commercial passenger vehicles which have been purchased in our fleet over the last 2 years, and of those, how many have been procured from local suppliers.

The question was taken on notice by the Director Assets and Operations, Mr Anthony McMahon.

18.3

Borrowing Policy

Cr Griff asked for clarification regarding “operating expenses” in the borrowing policy.

Ms Bolton replied that the document presented is a Council procedure that supports the Financial Management Policy. The Financial Management Policy refers to Section 8(b) of the Local Government Act, which includes a requirement to consider sustainability and intergenerational equity before utilising borrowings to fund projects.

Operations and maintenance costs, as well as loan repayments must be considered prior to borrowing funds. The ratio of 2, that is, annual revenue is two times more than annual expenses, is the Local Government benchmark ratio; and is to be considered prior to funding projects with borrowings.

18.4

DA Cobargo

Cr Fitzpatrick asked for a status update on the Business Council of Australia development application at the Cobargo Coop.

Dr Howe responded that the notification period has closed and that staff had requested further information from the applicant on matters raised in submissions, including the economic impact of the proposal on local businesses.

Staff were reviewing the submissions and would make a determination about whether the matter meet established criteria for referral to Council. 

18.5

Bermagui Sculpture Assessment Panel

Cr Bain asked for information on the 2021 Bermagui Sculpture assessment panel.

Dr Howe responded that Councillor representatives on the panel were Cr Seckhold and Cr Griff.

Adjournment Into Closed Session

52/21

RESOLVED on the motion of Crs Allen and Bain

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:                  Nil

Absent:                    Cr Seckold

11.9

Proposed divestment of Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula

Cr Fitzpatrick declared a non-pecuniary but significant interest regarding Item 11.9 Proposed divestment of Lot 121 DP847899 Arthur Kaine Drive Merimbula, on the basis that he is a friend of 40 years of someone who is associated with one of the tenders/offers for the purchase of the property.

Cr Fitzpatrick departed the meeting and no took part in debate or voting on this item.

5:29pm Cr Fitzpatrick left the meeting.

The General Manager called for nominations for the position of chairperson.

Cr Allen nominated Cr Nadin.

Cr Nadin accepted the nomination.

5:30pm Cr Nadin assumed the position of chair.

53/21

RESOLVED on the motion of Crs Allen and Nadin

That Council note the resolution of the closed session, with the full resolution to be released post the negotiation period.

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

Against:                  Nil

Absent:                    Cr Seckold

19.1

Debt write-off

54/21

RESOLVED on the motion of Crs Allen and Nadin

That Council resolve to write off the debt of for costs incurred to manage noxious weeds.

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

Against:                  Nil

Absent:                    Cr Seckold