1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

157/16

RESOLVED on the motion of Crs Seckold and Fitzpatrick

That the Minutes of the Ordinary Meeting held on 10 August 2016 as circulated, be taken read and confirmed.

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

Against:                  Nil

RESOLVED on the motion of Crs Bain and Dodds   

That the Minutes of the Extraordinary Meeting held on 28 September 2016 as circulated, be taken as read and confirmed.

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

Against:                  Nil

7.1

Rodney Kelly campaign for the return of artefacts to Australia

Mr Rodney Kelly of Bermagui leaves for the United Kingdom on Saturday to campaign for the return of artefacts to Australia and it is appropriate that he leave with the support of all levels of government.

BACKGROUND

On April 29, 1770, two members of the Gweagal people stood on the shore of Botany Bay and attempted to warn off a boat containing Captain James Cook as it approached the beach. One of the warriors, Cooman, was shot in the leg with a bullet and lost his shield before it was picked up by the European expedition.

Mr Rodney Kelly of Bermagui, a descendant of Cooman, is seeking for the shield to be returned to Australia from the British Museum, where it is currently held. 

In August the NSW Parliament unanimously passed a motion acknowledging the Gweagal clan of the Dharawal tribe as rightful owners of the artefacts held in the British Museum and University of Cambridge Museum. Yesterday the Australian Senate also passed a motion supporting the repatriation of important artefacts to their rightful owners, the Gweagal people, from museums in England.

It is core to Aboriginal belief that artefacts must be kept on country they came from.

158/16

RESOLVED on the motion of Crs Griff and Allen

That Council provide Mr Rodney Kelly with a letter acknowledging the Gweagal clan of the Dharawal tribe as rightful owners of the artefacts held in the British Museum and University of Cambridge Museum and supporting  the return of the artefacts to Australia.

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

Against:                  Nil

8.

Adjournment into Standing Committees

RESOLVED on the motion of Crs Nadin and Seckold

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

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

Against:                  Nil

9.1

Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Planning and Environment Committee

159/16

RESOLVED on the motion of Crs Nadin and Tapscott

That Cr Seckold be delegated to facilitate and chair the Planning and Environment (Sustainability) Committee.

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

Against:                  Nil

10.1

Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Community, Culture and Leisure Committee

160/16

RESOLVED on the motion of Crs Dodds and Seckold

That Cr Griff be delegated to facilitate and chair the Community, Culture and Leisure (Liveability) Committee.

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

Against:                  Nil

10.2

Leisure and Recreation Assets - June 2016 Storm Damage Repairs

161/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.      That Council endorse the prioritisation of high and medium repairs of damaged leisure and recreation assets.

2.      That authority be delegated to the General Manager to accept tenders for works to    repair storm damaged assets and execute all necessary documentation up to a total value of $350,000.

3.      That the identified low priority works be managed through updating the asset condition rating in the Asset Register and including those works in future asset renewal programs.

4.      That Councillors note the allocation of $329,000 of the 2016 operating surplus towards this project, which will be formally reported with the 2016 financials in November 2016.

5.      That Council receive a report on recreation assets not currently covered by Council’s insurance.

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

Against:                  Nil

11.1

Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Economic Development and Business Growth Committee

162/16

RESOLVED on the motion of Crs Dodds and Tapscott

That Cr Nadin be delegated to facilitate and chair the Economic Development and Business Growth (Enterprising) Committee.

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

Against:                  Nil

11.2

Consultation request for deregulation of Merimbula to Sydney air route

163/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.      That Council reaffirm its position supporting the deregulation of the Merimbula, Moruya, Sydney Air Route.

2.      That Council, on behalf of the Department of Transport and Infrastructure, consult with the community in line with the terms set out in this report, seeking the community’s views relating to the deregulation of the Merimbula, Moruya, Sydney air route.

3      That Council forward all submissions to the Department of Transport and Infrastructure once the consultation period has closed.

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

Against:                  Nil

12.1

Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Infrastructure Waste and Water Committee

164/16

RESOLVED on the motion of Crs Allen and Seckold

That Cr Fitzpatrick be delegated to facilitate and chair the Infrastructure Waste and Water (Accessibility) Committee.

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

Against:                  Nil

12.2

Declaration: Direct Negotiation Procurement - Purchase of a Replacement Crawler Loader for the Central Waste Facility Plant Number 155201

165/16

RESOLVED on the motion of Crs Tapscott and Bain

1.      That Council note the single supplier of the required size (Class CCF3) Crawler Loader machine to the Australian market and authorise a single select procurement process to be carried out, due to the unavailability of competitive tenderers.

2.      That Council authorise the General Manager, and in her absence the Director of Transport and Utilities, to enter into direct negotiations with any entity with a view to entering into contracts in relation to the subject matter of this report in accordance with Clause 55 (3)(i) of the Local Government Act 1993.

3.      That Council authorise the General Manager, and in her absence the Director of Transport and Utilities, to enter into contracts with any entity identified through direct negotiations in relation to the subject matter of this report in accordance with Clause 55 (3)(i) of the Local Government Act 1993, for a period not exceeding three (3) months from the date of approval.

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

Against:                  Nil

12.3

Bega Valley Local Traffic Committee

166/16

RESOLVED on the motion of Crs Nadin and Allen

That Council adopt the recommendations of the Bega Valley Local Traffic Committee as follows:

School Bus Zone – Lynjohn Drive, Bega

That Council approve the installation of a Bus Zone for the hours of 8.30am to 9.00am and 3.00pm to 3.30pm school days, at the Thomas More Christian Montessori School, commencing at the eastern edge of the existing driveway access to the school for a length of 28 metres, adjacent to the end of the existing kerb and gutter on the southern side of Lynjohn Drive, Bega.

Beach Street, Merimbula - On Street Parking Restrictions

1.         That Council approve the removal of the Coach Parking zone on the southern side of Beach Street, Merimbula located opposite 25 Beach Street, Merimbula.

2.         That Council approve the removal of the “No Parking” zone located on the northern side of Beach Street, Merimbula adjacent to 19-21 Beach Street, Merimbula.

3.         That Council approve an Accessible Parking Zone along the southern side of Beach Street, Merimbula, commencing at a point 243.5 metres from the intersection of Beach Street and Main Street, for a length of 7.5 metres.

4.         That Council approve the installation of the following No Stopping zones in the locations detailed below:

a)         Commencing at the eastern intersection point of Beach Street and Main Street, Merimbula:

i)          For a length of 73.5 metres along the eastern side of Beach Street, Merimbula; and

ii)         For a length of 10 metres easterly along the southern side of Main Street, Merimbula.

b)        For a length of 75 metres along the southern side of Beach Street, Merimbula, commencing at a point 145 metres from the intersection of Beach Street and Main Street.

c)         For a length of 34.5 metres along the southern side of Beach Street, Merimbula, commencing at a point 251 metres from the intersection of Beach Street and Main Street.

d)        For a length of 28.5 metres along the southern side of Beach Street, Merimbula, commencing at a point 335.5 metres from the intersection of Beach Street and Main Street.

e)        Commencing at a point on the western side of the intersection of Beach Street and Main Street:

i)          For a length of 94 metres along the western side of Beach Street; and

ii)         For a length of 10 metres westerly along the southern side of Main Street.

f)         Commencing at a point on the northern side of Main Street, opposite the intersection of Beach Street and Main Street:

i)          For a length of 29 metres westerly along the northern side of Main Street; and

ii)         For a length of 10 metres along the western side of Randolph Street, from its intersection with Main Street.

“Christmas on Imlay” – 15 December 2016

1.         That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9pm on Thursday, 15 December 2016 for the Eden Chamber of Commerce “Christmas on Imlay” event.

2.         That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce “Christmas on Imlay” event on Thursday, 15 December 2016, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

5.         That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

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

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

Tathra Wharf to Waves Bike Ride – 14 January 2017

1.         That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 14 January 2017 be approved.

2.         That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 14 January 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual.

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

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

5.         That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

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

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

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

Gipps Street, Bega – Accessible Parking Space

That Council approve the installation of two accessible parking spaces along with a shared zone, in the car park located off Gipps Street, Bega immediately adjacent to the car park entrance.

Swan Street, Bega – Load Limit

That Council approve the establishment of a three tonne load limit on Swan Street, Bega.

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

Against:                  Nil

13.1

Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Governance and Strategy Committee

167/16

RESOLVED on the motion of Crs Seckold and Griff

That Cr Tapscott be delegated to facilitate and chair the Governance and Strategy (Leading Organisation) Committee.

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

Against:                  Nil

13.2

Committee and Panel Delegates and Representatives 2016/2017

03:07 pm       Cr Nadin left the meeting.

03:09 pm       Cr Nadin returned to the meeting.

168/16

RESOLVED on the motion of Crs Griff and Seckold

1.      That Council note the definitions and purpose of Committees, Panels, and Statutory Appointments.

2.      That Council confirm the delegates and alternates to Committees, Panels and Organisations as outlined below:

3.      That all the committees and organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and invitations, directly to the Council appointed delegates

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

Against:                  Nil

13.3

Councillor Development Program

169/16

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.         That Council note the Councillor Development Program for 2016

2.         That Council agree the number of delegates to represent Council at the nominated conferences/forums up to December 2016 as follows:

3.      That items not resolved for the period January to June 2017 be reconsidered by Council at the quarterly budget review in November 2016.

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

Against:                  Nil

13.4

Delegations Register - Part 1

170/16

RESOLVED on the motion of Crs Seckold and Bain

That Council note and adopt the updated Part 1 Delegations Register.

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

Against:                  Nil

13.5

Amendments to the Code of Meeting Practice

171/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That the revised Code of Meeting Practice be placed on public exhibition for a period of 28 days with submissions to be received for 42 days.

2.         That following exhibition and receipt of submissions the revised Code of Meeting Practice be reported to Council for adoption.

3.         That proposed dates and times for Council meetings in 2017 be reported to Council for adoption at the meeting on 14 December 2016.

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

Against:                  Nil

13.6

Gift Register - September 2015 to August 2016

172/16

RESOLVED on the motion of Crs McBain and Nadin

That Council note the Gift Register activities since September 2015.

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

Against:                  Nil

13.7

Joint Organisation of Councils - "Getting the Boundaries Right" response to draft consultation paper

173/16

RESOLVED on the motion of Crs Bain and McBain

That Council lodge a submission as outlined in the report page 168 on the Joint Organisation Model proposed by the NSW State Government.

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

Against:                  Nil

13.8

2016 Community Survey

174/16

RESOLVED on the motion of Crs McBain and Allen

That Council to note the independent delivery of the Community Survey 2016 by IRIS Research.

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

Against:    Nil

13.9

Selection of Legal Panel Services

175/16

RESOLVED on the motion of Crs McBain and Griff

That Council refer discussion of appointments to Closed Session. The reason being “this item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (d) the report contains 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 McBain, Tapscott, Seckold, Bain, Dodds, Nadin and Griff

Against:                  Crs Fitzpatrick and Allen

14.1

Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Finance Committee

176/16

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That Cr Bain be elected to facilitate and chair the Finance (Leading Organisation) Committee.

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

Against:                  Nil

14.2

IPART Review of the Local Government Rating System

177/16

RESOLVED on the motion of Crs McBain and Fitzpatrick

1.      That Council endorse the submission to be made to IPART relating to the Review of the Local Government rating system with the following amendments: that comment on item 13 state that Council does not support the removal of rating exemption for oyster leases.

2        That Council provide a cover letter to IPART noting concern at the limited timeframe for preparing submissions at a time when Local Government elections were being held and with limited time for consultation and also noting the potential impact on Local Government revenues.

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

Against:                   Nil

14.3

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

178/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

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 McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

14.4

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

04:45 pm     Cr Griff left the meeting.

179/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

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 McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds and Nadin

Against:                  Nil

Absent:                    Cr Griff

15.

Adoption of reports from Standing Committees

180/16

RESOLVED on the motion of Crs Tapscott and Seckold

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 McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds and Nadin

Against:                  Nil

Absent:                    Cr Griff

20.1

Community and private developers

Cr Robyn Bain

That Council receive copies of the confidential memo relating to community and private developers expression of interest for a property in Eden called during the term of the last Council.

The question was taken on notice by the Director Strategy and Business Services.

20.2

Estuary and Catchment Management

Cr Mitchell Nadin

Would the Director Planning and Environment update Councillors on the estuary and catchment management planning currently underway in Merimbula and the estimated completion date for this.

The question was taken on notice by the Director Planning and Environment.

20.3

Green waste and recycling waste

Cr Sharon Tapscott

Would staff please provide an update to Council on the possible under servicing of the green waste bins and over servicing of the yellow bins/recycling.

The question was taken on notice by the Director Transport and Utilities.

20.4

Review of the aquatic facilities

Cr Robyn Bain

Would staff please update Council on the Review of the Aquatic Facilities, particularly relating to Bemboka and Eden pools.

The question was taken on notice by the Director Community, Relations and Leisure.

20.5

Status of Merimbula causeway repairs

Cr Mitchell Nadin

Would the Director of Transport and Utilities please provide an update on the status of Merimbula causeway repairs.

The Director responded to the question on notice

The project was programmed capital works as part of the 2015/16 Shire-wide Reseal Program.  This generally involves milling to formation and deep lift stabilisation of the road base, using lime as a binder due to the clay content of the existing material, followed by a 2 coat bitumen seal using 10-14mm sized stone. 

In this particular case, due to traffic volumes, it was decided to apply a 40mm thick Asphaltic Concrete wearing surface.  The preparation works were conducted by Council and the surfacing was contracted out by a contractor, Downer, who specialise in this type of surfacing.

Unfortunately a number of contributory factors had significant negative effect on the performance of this pavement:

1.      Poor weather conditions preceding the ‘East Coast Low’ and a heightened water table due to abnormally high tides meant that, despite precautions being taken to protect the prepared surface, there was probable groundwater water ingress into the road base after it was stabilised and compacted which reduced its strength.

2.      The increase in water/binder ratio reduced the effectiveness of the lime which was exacerbated by the hydroscopic nature of the additive.

3.      Urgent pressure applied to complete works due impending weather conditions and the limited remaining availability of the contractor in the 2015/16 financial year, due to their other commitments, impeded our ability to delay works.  Under normal circumstances it is likely that the sealing would not have been undertaken over that particular time period, with forecast rain and low temperatures, if it could have been easily reprogrammed. Asphaltic concrete type activities (the surface treatment) require longer lead times. Council, due to our geographic location and a lack of local specialist contractors (asphalt in this instance), is often faced with similar challenges. Often, the volumes of works we complete are not in sympathy with the economy of scale either. Once a contractor’s schedule is locked-in it is often problematic to reschedule and financial demobilisation and remobilisation costs and program slippage need to be considered.

4.      One poor batch of material was incorporated into the wearing surface. Again this would have normally been rejected on the site however due to the time pressure indicated above and the fact that it was sourced from ACT meant that it was used with the caveat that the supplier would carry out reinstatement if indeed there was a material failure.

The pavement did subsequently fail. There has been much dispute about the failure mechanism and how to avoid future issues. 

It was determined that it would be inappropriate and not cost effective to attempt to carry out major reconstruction until the weather has improved significantly, a geotechnical analysis of the failure mechanism was carried out, and a pavement redesign completed.  Remedial works of any nature will be further hampered by the availability of suitable contractors, as always.

Temporary reactive maintenance has been carried out, and while this is not a long-term solution, it has allowed the road to stay open while we wait for the appropriate window to carry out the permanent repair.  The pavement redesign has now been completed and it is the intention of council to carry out these works as soon as possible. Council will consult with the Merimbula Chamber of Commerce to try to mitigate disruption - noting that programming will not suit everyone.

The issue of cost apportionment will be considered further once cause and effect has been agreed with those involved and detailed costing for reinstatement has been determined. This could take some time as it will likely end up in a contractual dispute resolution process.

20.5

Signs to be erected at entrances to the Shire

Cr Jo Dodds

Would staff please update Council on the signs to be erected at entrances to the Shire. 

The General Manager responded to the question on notice:

Noting that following extensive consultations designs and tenders were approved by Council and the fabrication of the signs is underway.  Councillors will be provided with background information.

Adjournment Into Closed Session

181/16

RESOLVED on the motion of Crs Tapscott and Nadin

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

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 10(A)(2).

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

Against:                  Nil

22.1

Selection of Legal Panel Services

182/16

RESOLVED on the motion of Crs Bain and Nadin

1.      That the law firms:

·      Marsden’s Law Group

·      Hall and Wilcox

·      Planning Law Solutions

·      Maddocks

·      Swaab

·      Clarke Law

·      Lindsay Taylor Lawyers

         be appointed to Council’s Legal Services Panel for a term of five years or until such period of time that an approved legal panel is established by the Canberra Regional Joint Organisation group of Councils (CBRJO) (which ever the lesser):

2.      That all respondents to RFT 52/16 be advised of Council’s decision

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

Against:                  Nil