1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

65/17

RESOLVED on the motion of Crs Nadin and Dodds

That the Minutes of the Ordinary Meeting and Closed Session held on 15 March 2017 as circulated, be taken as read and confirmed, with the following amendment to Item 12.6 Tender 02/17 for the Merimbula Airport Terminal Extension Consultancy of the minutes due to typographical error:

1.   That Council accept the tender from Sanders Turner Ellick Architects Pty Ltd in relation to contract for the works described in Tender 02/17, in the amount of $56,650.00 (including GST), subject to variations, provisional sums and separable portions.

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

Against:                  Nil

4.1

Transfer of ownership of Council land to Tulgeen Group

The report will be presented to 26 April Ordinary Council meeting.  The deputation noted here will take place at that meeting.

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

Against:                  Nil

10.1

Access and Inclusion Advisory Committee Nominations

66/17

RESOLVED on the motion of Crs Tapscott and Seckold

1.      That Council allow for one additional community place to be created so that all applicants can be accommodated (Option 2).

2.      That Council appoint the following people to Access and Inclusion Advisory Committee for the period 2017 to 2020.

Christopher Paul Sparks

Felicity Susan Gates

Francis Leonard Pearce

Graham Arnold Carmody

Jennifer Ann Russell

Jenny Robb

John William Reynolds

Michaela Pascolutti

Nathan Ken Johnston

Ronald James Finneran

Rosemary Oates

Sue Thomas

Colin Dunn (late)  

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

Against:                  Nil

12.1

Children's Dreaming Garden request for assistance

67/17

RESOLVED on the motion of Crs Allen and Nadin

That Council approve the proposed exemption for payment of Section 64 Contributions totalling $8,000 for the Children’s Dreaming Garden as contemplated in Procedure 4.07.5.

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

Against:                  Nil

12.2

RFT 69/16 Construction of Eden Waste Transfer Station

Cr McBain declared a pecuniary interest regarding Item 12.2, RFT 69/16 Construction of Eden Waste Transfer Station on the basis that she is a shareholder in a company that provided a quote to a tenderer in this matter.  A signed declaration form was tabled by Cr McBain for inclusion in the Register.

Cr McBain departed the meeting room, took no part in debate or voting on this item.

02:19 pm       Cr McBain left the meeting.

RESOLVED on the motion of Crs Allen and Seckold

That Council accepts the recommendations as outlined in the confidential attachment.

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

Against:                  Nil

Absent:                    Cr McBain

68/17

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council accept the tender from RD Miller Pty Ltd in the amount of $1,297,850 including GST for works described in RFT 69/16.

2.      The authority is delegated to the General Manager or the Director Transport and Utilities in the General Manager's absence to execute all necessary documentation.

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

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

Against:                  Nil

Absent:                    Cr McBain

13.1

Australian Local Government Association: National General Assembly call for motions

69/17

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That the following Motion for the ALGA National Assembly 2017 be forwarded to ALGA for consideration for inclusion in the Business Paper for the National Assembly:

Motion:

That ALGA strongly advocate for a review of  the NDRRA assessment and financial reimbursement processes and the introduction of a national funding mitigation infrastructure funding program aimed at assisting Councils nationwide to protect crucial infrastructure from increasing flood, storm, ocean and fire events.

National Objective:

It is critical that a review of policy, at both the State and Federal level, regards the NDRRA financial reimbursement, in particular the assessment timelines, is completed as a matter of priority.

The continual delay in the administration process places Councils in a dire situation as the economic, social and environmental risks inevitably escalate.

Across Australia local government struggles to maintain and renew its infrastructure. With increasing frequency of natural disasters local government needs to be appropriately supported to enhance and protect crucial infrastructure to mitigate against impacts on community and repeated damage to this infrastructure. There has been continual discussion about moving to a model that supports a fund to assist councils improve and protect infrastructure. This needs to happen as a matter of urgency.

Summary of Key Arguments

·    Bega Valley Shire Council along with many other NSW and Australian Councils are increasingly feeling the impact of natural disasters affecting their communities, isolating people and destroying infrastructure. There is growing delays in funding being received by Councils and uncertainty as to the framework we are working within.

·    There has been ongoing discussion about the need to look at preparing, protecting and mitigating risks and funding this work rather than being in a catch up model. The funding Councils are eligible for post event has been reducing, the process we are expected to apply to doing immediate response and recovery works and subsequently restitution works are changing. Local government has not yet seen however any available funding to assist them enhance and protect critical infrastructure.

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

Against:                  Nil

RESOLVED on the motion of Crs Seckold and Bain

That the following Motion for the ALGA National Assembly 2017 be forwarded to ALGA for consideration for inclusion in the Business Paper for the National Assembly:

Motion:

That ALGA support a commitment to a fully funded Mental Health Agreement that reflects a whole of government approach.

National Objective:

The most recent review of Australia’s mental health system by Professor Allan Fells, Chair National Mental Health Commission (NMHC) highlighted poor planning, coordination between the Commonwealth and the states and territories, resulting in duplication, overlap and gaps in services.

The Hon Greg Hunt MP, Federal Health Minister has pledged increasing funding for mental health.  A coordinated approach is needed to achieve whole of life outcomes.

Summary of Key Arguments:

Some 62,000 Australians take their lives each year.  This is substantially higher than the national road toll.  Bega Valley SPAN (Suicide Prevention Action Network) since 2010 has endeavoured to close “gaps in the services”.

This organisation comprised of community members, sporting bodies, police, service providers, Indigenous health workers are volunteers who meet regularly and attend weekend markets to distribute help through crisis cards, written and oral information.  This network is funded by local groups and the Bega Valley SPAN provides immediate contact with the community especially through its activities during October each year (Mental Health month). 

The certainty of regular Federal funding would ensure the continuation of similar local groups across all councils.

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

Against:                  Nil

13.2

Internal Audit Committee

70/17

RESOLVED on the motion of Crs Allen and McBain

That Council approves the continued appointment of the current Internal Audit Committee Chairperson (Mr Terry Bunn) and Committee members, until the Office of Local Government Guidelines for the Audit, Risk and Improvement Committee Function, in line with the amendments outlined in the Local Government Act 1993, have been finalised and implemented.

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

Against:                  Nil

13.3

Classification of land recently acquired by Council

71/17

RESOLVED on the motion of Crs Allen and Nadin

1.      That Council note a 28 day public notification process was completed regarding the proposal to classify each of the parcels of land dedicated to Council at Bega and Bermagui, with no submissions received.

2.      That Council resolve to classify Lot 66 DP 1171407 at Bega and Lot 6 DP 1225381 at Bermagui as Operational Land under Section 31 of the Local Government Act 1993.

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

Against:                  Nil

15.

Adoption of reports from Standing Committees

72/17

RESOLVED on the motion of Crs Allen 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 Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

18.1

Councillor Development Program:  Conference and Forum attendance January to June 2017

73/17

RESOLVED on the motion of Crs Dodds and Nadin

Notice of Motion

1.      That Council approve the attendance to the Communities in Control 2017 conference by Cr Dodds.

2.      That registration, travel and related costs be covered as per Council’s policy.

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

Against:                  Nil

18.2

Use of funds from sale of Council land Merimbula for sports facilities

Cr Nadin declared a non pecuniary interest regarding Item 18.2, Use of funds from sale of Council land Merimbula for sports facilities on the basis that he lives in Merimbula/Short Point area, a former member of the squash club and operates a business in Merimbula.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

Cr Nadin remained in the meeting room and took part in debate or voting.

An amendment to the motion was moved by Crs Nadin and McBain

1.      That Council staff provide a report in response to the Community Project Proposal for an indoor sports centre in the Merimbula/Pambula district to replace the current ageing basketball, netball and squash facilities in Merimbula.

2.      The report should include options for potential sites, a feasibility study and business case for the proposal and consult closely with the working group.

3.      That any costs associated with the study be drawn from the Council Property Development Reserve.

In favour:       Crs Nadin, McBain and Tapscott

Against:            Crs Fitzpatrick, Bain, Griff, Seckold, Dodds and Allen

It was put to the VOTE and was LOST.

18.3

Short Point Coastal Accessibility Masterplan

Cr Nadin declared a non pecuniary interest regarding Item 18.3, Short Point Coastal Accessibility Masterplan on the basis that he lives in Merimbula/Short Point area.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

Cr Nadin remained in the meeting room and took part in debate or voting.

An amended motion was moved by Crs Nadin and Griff

1        That Council halt work on the Short Point Coastal Accessibility Master Plan and instead review the document, with particular attention to the placement of the viewing platform and proposed BBQ facilities for accessibility purposes.

2        That the reviewed document is presented to Council for approval before further work takes place.

It was put to the VOTE and was CARRIED

74/17

RESOLVED on the motion of Crs Nadin and Griff

Notice of Motion

1        That Council halt work on the Short Point Coastal Accessibility Master Plan and instead review the document, with particular attention to the placement of the viewing platform and proposed BBQ facilities for accessibility purposes.

2        That the reviewed document is presented to Council for approval before further work takes place.

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

Against:                  Cr Seckold

19.1

Merimbula Parking Trial Period

There report was noted.

19.2

Jack Martin Reserve

Cr Robyn Bain raised a follow on issue from her last Question On Notice on the Jack Martin Reserve Pambula, that Councillors had received a briefing from the NSW Crown Holiday Park Trust.  At that briefing it was stated they needed to ascertain the legal status of the reserve.  Any update on this issue?

The Director, Community, Relations and Leisure responded that the NSW Crown Holiday Park Trust contacted Council four weeks ago.  As yet they have not ascertained the historical origins of the land.  Council confirmed its willingness to work in partnership with NSW Crown Holiday Park Trust.

The Director also confirmed Council’s position that it wanted NSW Crown Holiday Park Trust to liaise with community members, to provide an update to them ASAP.  Social media content would suggest that no engagement with the community has taken place.

19.3

Health SERH

Cr Sharon Tapscott asked the Mayor what avenues were available to progress ensuring community concern demonstrated by the public meeting held here some weeks ago were addressed. Could she please advise the community of the process by which Council could engage with the review that is being conducted into the performance of the South East Regional Hospital (SERH).

The Mayor responded by advising she was meeting with the local member The Hon Andrew Constance MP and would raise this issue with him.

20.1

How does Council manage RE1 zone open space areas

Cr Sharon Tapscott asked if Council has a policy on how Council manages the RE1 Zone Open Space Areas.  Could Council staff report on the proposal put forward by the North Tura Beach Residents Association (NTBRA) and also advise as too the possible framework that would need to be developed to enter into a Council/community partnership for the specific purpose of achieving an agreed outcome.

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

20.2

Social Housing

Cr Russell Fitzpatrick asked if Council could assist in ensuring maintenance of Social Housing is transferred to a local provider either a Not for Profit or non-Government agency to ensure that housing repairs are made to properties to make them available for tenants. 

The question was taken on notice by the General Manager, noting Council would write to the appropriate State agencies.

20.3

Hospital inquiry

Cr Cathy Griff expressed her concerns about the transparency of the process regarding the hospital inquiry.  There needs to be community input put into the hospital review.  The terms of reference is not to be made public what are the avenues for engaging with the hospital review process.

The question was taken on notice by the Mayor.