1.

Apologies

There was no apologies.

2.

Confirmation of Minutes

RESOLVED on the motion of Crs Dodds and McBain

That the Minutes of the Ordinary Meeting held on 26 April 2017 as circulated, be taken as read and confirmed.

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

Against:                  Nil

8.

Adjournment into Standing Committees

97/17

RESOLVED on the motion of Crs Seckold and Nadin

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

Cemetery Advisory Committee Nominations

RESOLVED on the motion of Crs Tapscott and Seckold

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

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

Against:                  Nil

98/17

RESOLVED on the motion of Crs Dodds and Tapscott

That Council appoints the following people to the Cemetery Advisory Committee for the period 2017 to 2020:

Fiona Firth

Nancy Grant

Barbara Grant

Anne Greenaway

Jackie Miles

Thomas Tex Penna

Anthony Peter Phillipps

Michael Pryke

Darragh Reynolds

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

Against:                  Nil

11.1

Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for the Romfam Trust

Cr Nadin declared a non pecuniary interest regarding Item 11.1, Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for the Romfam Trust on the basis that he has 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.

99/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

That the matter be deferred to the closed session.

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

Against:                  Nil

12.1

RFT 37/17 Guardrail Replacement Myrtle Mountain Road

Cr Fitzpatrick declared a non pecuniary interest regarding Item 12.1, RFT 37/17 Guardrail Replacement Myrtle Mountain Road on the basis that he is a Director and employee of all companies/tenderers are known to Cr Fitzpatrick on a personal basis .  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

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

RESOLVED on the motion of Crs Seckold and Nadin

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

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

Against:                  Nil

100/17

RESOLVED on the motion of Crs Bain and Nadin

1.         That Council accept the tender from Topnotch Fencing in relation to contract for the works described in Tender 37/17 for guardrail replacement on Myrtle Mountain Road, in the amount of $170,306.56 (including GST), subject to variations, provisional sums and prime cost items.

2.         That authority is delegated to the General Manager, or Director Transport and Utilities in the absence of the General Manager, to execute all necessary documentation.

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

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

Against:                  Nil

12.2

RFT 39/17 Replacement of two timber bridges with reinforced culverts on The Snake Track

Cr Fitzpatrick declared a non pecuniary interest regarding Item 12.2, RFT 39/17 Replacement of two timber bridges with reinforced culverts on The Snake Track on the basis that he is a Director and employee of all companies/tenderers are known to Cr Fitzpatrick on a personal basis .  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

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

RESOLVED on the motion of Crs Nadin and Griff

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

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

Against:                  Nil

101/17

RESOLVED on the motion of Crs Seckold and McBain

1.         That Council accept the tender from South East Civil and Crane in relation to contract for the works described in Tender 39/17 for the replacement of two timber bridges with reinforced box culverts on The Snake Track, in the amount of $255,453.00 (including GST), subject to variations, provisional sums and prime cost items.

2.         That authority is delegated to the General Manager or the Director of Transport and Utilities in the absence of the General Manager, to execute all necessary documentation.

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

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

Against:                  Nil

12.3

RFT 29/17 Merimbula Central Business District Bypass Monaro Street and Market Street Intersection Reconstruction

Cr Nadin declared a non pecuniary interest regarding Item 12.3, RFT 29/17 Merimbula Central Business District Bypass Monaro Street and Market Street Intersection Reconstruction on the basis that he owns 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

Cr Fitzpatrick declared a non pecuniary interest regarding Item 12.3, RFT 29/17 Merimbula Central Business District Bypass Monaro Street and Market Street Intersection Reconstruction on the basis that he is a Director and employee of all companies/tenderers are known to him on a personal basis.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

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

RESOLVED on the motion of Crs McBain and Dodds

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

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

Against:                  Nil

102/17

RESOLVED on the motion of Crs McBain and Griff

1.         That Council accept the tender from John Michelin & Son Pty Limited in relation to the contract for the works described in Tender RFT 29/17 Merimbula CBD Bypass Market Street and Monaro Street intersection reconstruction, in the amount of $1,432,501.00 (including GST), subject to variations and provisional sums.

2.         That authority is delegated to the General Manager, or the Director of Transport and Utilities in the absence of the General Manager to execute all necessary documentation.

3.         That the other tenderer be advised of Council’s decision.

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

Against:                  Nil

12.4

Bega Valley Local Traffic Committee

103/17

RESOLVED on the motion of Crs Bain and Dodds

Pambula Beach Road, Pambula Beach – Proposed No Stopping Zone

1.         That Council provide reasonable notice period of 8 weeks to Lumen Christi Catholic College of the following actions:

a)         That Council approve the installation of a No Stopping zone, between 8.30am–9.30am and 3.00pm–4.00pm school days, commencing at the northern point of the existing Kiss and Drop zone in Culgoa Crescent to the intersection with Pambula Beach Road, Pambula Beach being a length of 27 metres.

b)        That Council approve the installation of a No Stopping zone, between 8.30am–9.30am and 3.00pm–4.00pm school days, commencing at the intersection of Culgoa Crescent and Pambula Beach Road, Pambula Beach westerly along Pambula Beach Road to the eastern edge of the Bus and Service Vehicles entry being a length of 193 metres.

c)       That Council approve the installation of a No Stopping zone, between 8.30am–9.30am and 3.00pm–4.00pm school days, along Pambula Beach Road, Pambula Beach, commencing at the western edge of the Bus and Service Vehicles entry for a length of 98 metres terminating adjacent the School Zone sign.

2.         That an overall access management plan be designed and implemented for the Lumen Christi Catholic College site as soon as possible. 

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

Against:                  Nil

RESOLVED on the motion of Crs Dodds and Nadin

Bermagui Blue Pools Car Park – No Stopping Zone

1.         That Council approve the installation of a No Stopping zone in the Bermagui Blue Pools car park, located off Pacific Drive, Bermagui between the entrance to the stairs and the amenities block, being a length of 30 metres.

2.         That Council approve the installation of R6-248 signage at the car park entrance on Pacific Drive, Bermagui prohibiting vehicles over 7.5 metres from the Bermagui Blue Pool car park, service vehicles excepted.

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

Against:                  Nil

13.1

Public exhibition of draft Community Strategic Plan, Resourcing Strategy, Delivery Program and Operational Plan, and Disability Inclusion Action Plan

104/17

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.      That the draft Bega Valley Shire Community Strategic Plan 2040 be placed on public exhibition for 28 days from 18 May until 14 June 2017.

2.      That the draft Bega Valley Shire Resourcing Strategy 2017 – 2027 be placed on public exhibition for 28 days from 18 May until 14 June 2017.

3.      That the draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017 – 2018 including Council’s Budget and Revenue Policy and all Rates and Annual Charges, be placed on public exhibition for 28 days from 18 May until 14 June 2017.

4.      That the draft Disability Inclusion Action Plan (DIAP) 2017-2020 be placed on public exhibition for 28 days from 18 May until 14 June 2017.

5.      That the draft Bega Valley Shire Fees and Charges 2017 – 2018 be placed on public exhibition for 28 days from 18 May until 14 June 2017.

6.    That all submissions received during the exhibition period be considered by Council prior to adoption of the documents.  Councillors who wish to make submission to all documents including plans, the budget and fees and charges are invited to submit these for public review and Council response.  These submissions will be made public and considered by the Council at the time of adoption.

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

Against:                  Nil

13.2

Request for Support Life Education van

105/17

RESOLVED on the motion of Crs Griff and Seckold

That Council support the movement of the Life Education van for this coming visit by supporting the Works budget from the General Manager’s grants allocation as an emergency, one off arrangement and Life Education NSW be formally advised of this.  

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

Against:                  Cr Bain

14.1

Proposed Projects for 2016/17 Public Domain Building Special Rate Variation

106/17

RESOLVED on the motion of Crs McBain and Seckold

1.    That Council approve the following public domain building upgrade and renewal projects to be funded from the Special Rate Variation for the 2016/17 financial year:

·    Eden Childcare Centre - kitchen renewal;

·    Bandara Childcare Centre - kitchen renewal;

·    Merimbula Old School Museum - electrical rewiring renewal;

·    Murrah Hall – septic renewal;

·    Bermagui Community Centre – external staircase renewal and tread upgrade;

·    Bega Council Administration Building – fire rated wall upgrade.

2.    That Council note that after funding the above projects, a balance of $196,343 will be available for further Special Rate Variation projects to be determined by Council in the first quarter of the 2017/18 financial year.

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

Against:                  Nil

14.2

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

107/17

RESOLVED on the motion of Crs Fitzpatrick and Nadin

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

Against:                  Nil

15.

Adoption of reports from Standing Committees

108/17

RESOLVED on the motion of Crs Nadin and Bain

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

19.1

Rotary Park Eden - Vegetation Management

The response to the question that formed part of the Agenda for the meeting of 17 May 2017 was noted.

Cr Bain thanked Council staff for the work todate.

19.2

Item 19.3 Health SERH

The response to the question that formed part of the Agenda for the meeting of 17 May 2017 was noted.

19.3

Item 20.3 Hospital inquiry

The response to the question that formed part of the Agenda for the meeting of 17 May 2017 was noted.

Cr Fitzpatrick tabled the Review of the South East Regional Hospital.

Adjournment Into Closed Session

109/17

RESOLVED on the motion of Crs Allen and Nadin

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 (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

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 (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

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 (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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).

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 (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

21.1

Code of Conduct matter

RESOLVED on the motion of Crs Dodds and Tapscott

1       That Council note the Code of Conduct Investigation against Cr Robyn Bain.

2       That Council, as per the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, determine the complaints by resolving to:

(a)  Accept the recommendations from the Independent Reviewer as per Clause 8.56. That

1.   Findings of inappropriate conduct by Cr Bain be made public at an upcoming duly constituted Council meeting

2.   Cr Bain be formally censured under section 440G of the Local Government Act, 1993 for her breach of clauses 3.1 (b), (c), (d), (g), 3.2, 3.4, 3.5, 3.7, 4.2, 4.12, 4.13, and 4.16 of the Code of Conduct

3.   At an upcoming duly constituted Council meeting, Cr Bain be required to:

(d)  Publicly acknowledge the findings of breach of clauses 3.1 (b), (c), (d), (g), 3.2, 3.4, 3.5, 3.7, 4.2, 4.12, 4.13, and 4.16 of the Code of Conduct and is also to give an undertaking to Council that she will avoid similar breaches in future

(e) Deliver an unqualified apology to Council and the community for her conduct;

(f) Give an undertaking that she will not make negative or derogatory comments regarding the complaint(s), the outcome or the Code of Conduct process publically including to the media.

4.  The above actions be completed within three months from the date of the Investigation Report.

5.   Further training on code of conduct matters particularly focusing on pecuniary and non pecuniary be held as a priority for all Councillors.

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

Against:                  Crs Nadin and Allen

Absent:                     Crs Fitzpatrick and Bain

21.2

Code of Conduct matter

RESOLVED on the motion of Crs Nadin and Allen

1        That Council note the Code of Conduct Investigation against Cr Russell Fitzpatrick

2        That Council, as per the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, determine the complaint by resolving to:

(d)    Not to adopt the Independent Reviewer's recommendations and advise the Office of Local Government of the decision including reasons for this decision (Clause 8.59 of the Procedures), being:

•    Cr Fitzpatrick is a long serving Councillor, whose conduct previously has been of a high calibre, faithfully serving his community as both a Councillor and Deputy Mayor and on various Community Committees and groups for a significant number of years.  He demonstrates a strong commitment to working effectively for his community.

•    The recommendations made by the Independent reviewer are severe and inappropriate and do not accord with Councillors’ view of Cr Fitzpatrick’s behaviour as a Councillor. Cr Fitzpatrick has been involved in the projects in Snug Cove in his role as a Councillor since 2009 and not as a private citizen.

3        Further training on code of conduct matters particularly focusing on pecuniary and non pecuniary be held as a priority for all Councillors.

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Bain

21.3

142-144 Imlay Street Tender Approval

Cr Dodds declared a non pecuniary interest regarding Item 21.3, 142-144 Imlay Street Tender Approval on the basis that in the past she was a member of the community group, Eden’s Australasia.  She is no longer a member and does not attend meetings or otherwise communicate with the group.  A signed declaration form was tabled by Cr Dodds for inclusion in the Register.

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

RESOLVED on the motion of Crs Allen and Griff

That Council note the resolution of the Closed session.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

21.4

Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for Romfam Trust

Cr Fitzpatrick declared a non pecuniary interest regarding Item 11.1, Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for the Romfam Trust on the basis that he is a Director and employees of all companies/tenderers are known to him on a personal basis.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

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

RESOLVED on the motion of Crs Fitzpatrick and Griff

That Council note the recommendation of the Closed session.

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

Against:                  Nil