1.

Confirmation of Minutes

119/15

RESOLVED on the motion of Crs Mawhinney and Allen

That the Minutes of the Ordinary Meeting and Closed Sessions held on 1 July 2015 as circulated, be taken as read and confirmed.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

2.

Apologies

120/15

RESOLVED on the motion of Crs Taylor and Mawhinney

That an apology from Cr Britten and Cr Tapscott be accepted for their inability to attend the meeting.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

7.

Adjournment into Standing Committees

121/15

RESOLVED on the motion of Crs Allen and McBain

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

8.1

Finalisation of Eden Business Zones Planning Proposal

122/15

RESOLVED on the motion of Crs Allen and Taylor

1.         That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the Eden Business Zones Planning Proposal, and detailed in Map 1 of this report.

2.         That, using the delegations issued by the Minister for Planning and Environment, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3.         That those persons who have made submissions be advised of the above.

In favour:             Crs Taylor, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Cr McBain

Absent:                    Crs Britten and Tapscott

8.2

Local Heritage Assistance Grants 2015-16 Recommended Projects

The Group Manager Planning and Environment raised, for Councillors consideration, a submission from the Bermagui Union Church Trust for essential conservation works supported by the Heritage Advisor. The submission requested $2,000 towards a $4,065 project.

Following questions from Cr Hughes the General Manager advised the request could be referred to the Community Partnership Funding process (S356 funds).

A motion was moved by Cr Hughes and McBain

1.    That Council allocates funding as detailed in the table below:

2.    The request for funding from the Bermagui Union Church Trust be referred to the Community Partnership Fund process.

3.    That Council advises each applicant of the outcome of their application and proceed to organise funding agreement with successful applicants.

A motion was foreshadowed by Cr Taylor

1.    That Council allocates funding as detailed in the table below:

2.    That Council advises each applicant of the outcome of their application and proceed to organise funding agreement with successful applicants.

The motion was put to the vote and it was  CARRIED

In favour:             Crs McBain, Hughes, Seckold, Mawhinney and Allen

Against:                  Crs Taylor and Fitzpatrick

Absent:                    Crs Britten and Tapscott

123/15

RESOLVED on the motion of Crs Hughes and McBain

1.    That Council allocates funding as detailed in the table below:

2.    The request for funding from the Bermagui Union Church Trust be referred to the Community Partnership Fund process.

3.    That Council advises each applicant of the outcome of their application and proceed to organise funding agreement with successful applicants.

In favour:             Crs McBain, Hughes, Seckold, Mawhinney and Allen

Against:                  Crs Taylor and Fitzpatrick

Absent:                    Crs Britten and Tapscott

8.3

Community Environmental Grants 2015-16 Recommended Projects

124/15

RESOLVED on the motion of Crs McBain and Allen

1.         That Council allocates the funding as listed in the following table:

2.         That Council advises each applicant of the outcome of their application and proceed to organise funding agreements with successful organisations.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

9.1

General Halls & Building Committee - Funding allocation 2015/16

125/15

RESOLVED on the motion of Crs Mawhinney and Allen

1.         That Council endorse the expenditure of the 2015/16 Halls Maintenance Funding outlined in the report.

2.         That Council note the expenditure against the 2015/16 Buildings SRV for the projects at Pambula and Quaama Halls.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

9.2

Pambula Public Recreation & Showground Reserve

126/15

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council authorise the General Manager to develop an appropriate Memorandum of Understanding with NSW Crown Holiday Parks Trust to support any future transition of management arrangements for the Pambula Public Recreation & Showground (Crown) Reserve 89209.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

9.3

Quaama public toilet

A motion was moved by Crs McBain and Mawhinney

1.    That the report be noted.

2.    That Council continue to operate the toilet at Quaama Hall as a public toilet.

3.    That, when funds are identified, Council modify the Quaama Hall toilet to make it accessible.

A motion was moved by Cr Allen and Fitzpatrick that an amendment be made to point 3 of the motion:

3.   That the accessibility of Quaama Hall toilets be referred to prioritisation with other shire public toilet facilities and Council buildings.

The amendment was put to the vote and it was CARRIED

In favour:             Crs McBain, Seckold, Allen and Fitzpatrick

Against:                  Crs Taylor and Mawhinney

Abstained:             Cr Hughes

Absent:                    Crs Britten and Tapscott

The amendment became the motion of Crs Allen and Fitzpatrick

1.    That the report be noted.

2.    That Council continue to operate the toilet at Quaama Hall as a public toilet.

3.   That the accessibility of Quaama Hall toilets be referred to prioritisation with other shire public toilet facilities and Council buildings.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

127/15

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.    That the report be noted.

2.    That Council continue to operate the toilet at Quaama Hall as a public toilet.

3.   That the accessibility of Quaama Hall toilets be referred to prioritisation with other Shire public toilet facilities and Council buildings.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

10.1

Reclassification of Council owned land at Cattle Bay, Eden

128/15

RESOLVED on the motion of Crs Taylor and Allen

1.         That Council authorise the Mayor and General Manager to execute a suitable Deed of Agreement with Eden Resort Hotel Pty Ltd, as owners of Lot 2 DP 1138056, which identifies their obligation to demolish existing structures and rehabilitate the foreshore land dedicated to Council by subdivision, being Lot 4 DP 1138056.  

2.         The Planning Proposal to reclassify part of Lot 4 DP 1138056 from ‘Community land’ to ‘Operational Land’ be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.

3.         That Council approve in-principle the creation of an easement for access and utility services across Lot 4 DP 1138056 if reclassification of that portion of land to ‘operational’ receives approval from the Department of Planning.

4.         That Council enter into a short term licence agreement with Eden Resort Hotel Pty Ltd, to authorise access to the reserve to install utility service conduits and pipes and undertake construction related activity from their adjacent land, until such time as the above easement can be registered over the land for this purpose.

4.         That Council authorise the Mayor and General Manager to execute the necessary documentation to create the required easement. 

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

11.1

Bega Valley Local Traffic Committee Meeting 3 June 2015

129/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council note the advice of the Bega Valley Local Traffic Committee Meeting held on the 3 June 2015 and approve the following:

Quondola Street time restricted parking

That Council approves the installation of a 15 minute time restricted parking zone (8.30am-6pm Monday to Friday and 8.30am to 12.30pm on Saturdays) on the eastern side of Quondola Street, Pambula starting at a point adjacent the southern boundary of the Pambula Post Office for a distance of 26.5 metres northerly along the frontage of the Pambula Post Office. The remaining parking areas to be signposted as 1 hour parking zones (8.30am-6pm Monday to Friday and 8.30am to 12.30pm on Saturdays).

Eden Whale Festival Street Parade – 31 October 2015

1.    The Local Traffic Committee rejected the proposal to run the event within a section of the Princes Hwy.

2.    That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 9.00am and 11.00am on Saturday, 31 October 2015 for the Eden Whale Festival truck display and street parade. The Local Traffic Committee rejects the use of the Princes Hwy.

3.    That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 8.00am and 12.00 noon on Sunday, 1 November 2015 for the Eden Whale Festival Hot Rod Event.

4.    That the proposed traffic arrangements involving the temporary closure of Imlay Street and Albert Terrace, Eden for the Eden Whale Festival on Saturday, 31 October 2015 & Sunday 1 November 2015, 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.

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

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

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

11.2

Bega Valley Local Traffic Committee Meeting 1 July 2015

130/15

RESOLVED on the motion of Crs Mawhinney and McBain

That Council note the advice of the Bega Valley Local Traffic Committee Meeting held on the 1 July 2015 and approve the following:

Gipps Street Zebra Crossing

That Council approve the conversion of the existing pedestrian blisters in Gipps Street, Bega to a Mid Block Pedestrian Crossing in accordance with the Technical Directions for Stopping and Parking Restrictions at Intersections and Crossings. It should be noted the proposed crossing is in accordance with the Bega CBD Landscape Masterplan.

Bike Track Crossing Wallaga Lake Road, Bermagui

That Council approve the installation of signage in accordance with the Technical Directions for Pedestrian Refuge. It should be noted that the proposal is in accordance with recommendations from the Bermagui CBD Landscape Masterplan.

Installation of “No Stopping” zone signs at the intersection of Ridge Street, West Street and Buckajo Road, North Bega.

1.      That Council approves the installation of “No Stopping” zone along the southern side of Ridge Street, 23 metres from its intersection with Buckajo Road and along the eastern side of Buckajo Road, 23 metres from its intersection with Ridge Street.

2.      That Council approves the installation of a “No Stopping” zone commencing on the southern side of John Street adjacent to the end of the marked centre line, along the eastern side of West Street, terminating in Ridge Street within the mandatory zone (6 metres from the TP).

Accessible Parking Bunga Street, Bermagui

That Council approve the installation of an accessible parking zone at the northern end of the existing on street parking area, located on the western side of Bunga Street, adjacent No. 4 Bunga Street.

South East Regional Hospital “No Stopping” Zone

That Council approve the installation of a “No Stopping” zone commencing at the northern intersection of the side road section of Tathra Road Bega for a distance of 120 metres to the south.

Reboot Bermagui

1.      That the proposed traffic arrangements involving the Fun Run and the temporary closure of Lamont Street and Wallaga Streets on Saturday, 26 September 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

6.      That organisers ensure all necessary use of land approvals are in place prior to conducting the event 

Request to review the "No Stopping" zone in front of No. 228 Newtown Road, Bega

That Council approve a 14 metre reduction to the southern end of the ‘No Stopping’ zone on Newton Road, opposite Prospect Street.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney and Fitzpatrick

Against:                  Cr Allen

Absent:                    Crs Britten and Tapscott

11.3

Tender RFT 26/15 Construction tender for Bega Civic Centre Council chambers fitout

131/15

RESOLVED on the motion of Crs McBain and Mawhinney

1.         That Pursuant to Clause 178 (1) (b), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council accepts no tenders on the basis that no tenders were received.

2.         That Pursuant to Clause 178 (3)(d), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council invite in accordance with section 169, fresh offers from Grant Dowdle Building Pty Ltd, David Lesser Building Pty Ltd, GJ & C Clarke Building Pty Ltd.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

11.4

Management and Operation of Merimbula Airport - EOI 31/15 

132/15

RESOLVED on the motion of Crs McBain and Mawhinney

1.      That Council invite Airport Agencies Pty Ltd, IAS Airports Pty Ltd and Ambidji Group Pty Ltd to submit tenders in relation to the management and operation of Merimbula Airport.

2.      That the tender documentation and tender evaluation plan be commissioned by the General Manager from an independent body and cover operation and management options.

3.      That the General Manager be authorised to appoint an independent tender assessment panel to assess tenders under the Local Government (General) Regulation 2005 and report to her at the conclusion of the evaluation process

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

12.1

Major projects quarterly update

133/15

RESOLVED on the motion of Crs Taylor and Seckold

That Council note the third major projects update report.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

12.2

Actions from resolutions of Council - Status Report

134/15

RESOLVED on the motion of Crs Hughes and McBain

That Council note the status report on actions from Council’s resolutions for the period 1 April 2015 to 30 June 2015.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

12.3

Local Government NSW Annual Conference 2015

135/15

RESOLVED on the motion of Crs Taylor and McBain

1.         That Council endorse three Councillors the Mayor, Deputy Mayor and Cr McBain and the Group Manager Planning and Environment to attend the Local Government NSW 2015 Conference to be held from 11– 13 October 2015, with the necessary travel and accommodation costs to be defrayed by Council.

2.         That Councillors submit Motions to the General Manager, by 3 August 2015, which they believe are causing concern to the Council and/or the local community for report to Council for endorsement at the meeting of 12 August 2015.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

12.4

Australian Regional Development Conference 26-28 August 2015

136/15

RESOLVED on the motion of Crs Taylor and Fitzpatrick

That the report be noted.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

12.5

Local Government NSW Water Management Conference 2015

137/15

RESOLVED on the motion of Crs Taylor and McBain

That Councillor the Mayor, Cr Britten attends the Local Government NSW Water Management Conference 2015 to be held in Bowral, with the necessary costs being covered by Council.

In favour:             Crs Taylor, McBain, Hughes, Seckold and Mawhinney

Against:                  Crs Allen and Fitzpatrick

Absent:                    Crs Britten and Tapscott

13.1

Certificate of Investments made under Section 625 of the Local Government Act, 1993

138/15

RESOLVED on the motion of Crs Mawhinney and McBain

1.         That Council receive and note the attached report indicating Council’s Investment position.

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

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

14.

Adoption of reports from Standing Committees

139/15

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

That all motions recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting.

In favour:             Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Britten and Tapscott

15.1

Australian Local Government Association National General Assembly 2015

Cr Seckold spoke to the report from herself and McBain that appeared in the Agenda for the meeting of 22 July 2015.

The report from Crs Seckold and McBain that appeared in the Agenda for the meeting of 22 July 2015 was noted.

19.1

Amenities update

The response to the question on notice, which was provided in the Agenda for the meeting of 22 July 2015 was noted.

20.1

Uses for the downstairs area of Tura Beach Library Building

Cr Kristy McBain  requested information to be provided to Councillors in relation to possible uses for the downstairs area of the Tura Beach Library Building

The question was taken on notice by the Acting Group Manager Community, Relations and Leisure.