1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

182/17

RESOLVED on the motion of Crs Dodds and Seckold

That the Minutes of the Ordinary Meeting held on 11 October 2017 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Abstained:             Cr Tapscott

4.1

Deputation requests Fluoridation of Water Supply

The following person’s request to address was noted in the Agenda for the meeting

Item No 12.1 Fluoridation of Drinking Water

·         Ms Connie Crawford

·         Mr David Stern

Additional request received since publication of the Business Paper are:

Item No 12.1 Fluoridation of Drinking Water

·         Ms Dorte Planert

·         Mr Greg Otton

·         Mr Rob Slazenger

·         Ms Rose Ferguson

·         Mr Sean Burke

·         Ms Susan Andrew

·         Mr Fraser Buchanan, on behalf of the Bega Valley Residents and Ratepayer’s Association (BVSRRA) authority supplied

·         Ms Robyn McViety

RESOLVED on the motion of Crs Dodd and Griff

That Council suspend standing orders to hear the additional addresses to Council.

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

Against:                  Crs Bain, Tapscott and Allen

The following persons addressed the Council

Ms Connie Crawford

RESOLVED unanimously on the motion of Crs Dodds and Griff that Ms Crawford be given an extension of two minutes to complete her address.

Mr David Stern

RESOLVED unanimously on the motion of Crs Dodds and Allen that Mr Stern be given an extension of two minutes to complete his address.

Ms Dorte Planert

RESOLVED unanimously on the motion of Crs Dodds and Griff that Ms Planert be given an extension of two minutes to complete his address.

Mr Greg Otton

Mr Rob Slazenger

Ms Rose Ferguson

RESOLVED unanimously on the motion of Crs Dodds and Allen that Ms Ferguson be given an extension of two minutes to complete her address.

Mr Sean Burke

RESOLVED unanimously on the motion of Crs Dodds and Griff that Mr Burke be given an extension of two minutes to complete his address.

Ms Susan Andrew

Mr Fraser Buchanan

Ms Robin McViety

The Mayor thanked those speaking for the addresses and for responding to questions from Councillors

6.1

South East Australia Transport Strategy - Petition to recognise the Princes Highway as a Highway of National Importance

RESOLVED on the motion of Cr Bain

1.      That Council support the Petition calling for the Federal Government to recognise the Princes Highway as a Highway of National Importance.

2.      That Council distribute copies to its offices, libraries and selected community locations.

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

Against:                  Crs Bain, Nadin and Allen

8.

Adjournment into Standing Committees

183/17

RESOLVED unanimously on the motion of Crs Dodds and Bain

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

9.1

Addition to pub (Dulcie's Cottage) kitchen prep area and coolroom

Pecuniary Interest

Cr Nadin declared a pecuniary interest regarding Item 9.1 Addition to pub (Dulcie's Cottage) kitchen prep area and coolroom on the basis that he is a part owner of the business.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register

3.32 pm Cr Nadin departed the meeting room, taking no part in debate or voting on this item.

184/17

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Development Application 2017.341 for the erection of a building at Lot 3 DP 39004,
60 Main Street, Merimbula be approved subject to the conditions in the Draft Consent attached to the report.

2.         That those persons who made a submission be notified of the determination.

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

Against:                  Nil

Absent:                    Cr Nadin

3.33 pm Cr Nadin returned to the meeting room.

9.2

Alcohol Free Zone - Merimbula

Non Pecuniary Interest

Cr Tapscott declared a non-pecuniary interest regarding 9.2 Alcohol Free Zone – Merimbula on the basis that she is a resident of Ocean Drive which would be affected by the proposed alcohol free zone .  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register noting she would remain in the meeting room, and take part in debate or voting on this item.

A motion was moved by Crs Dodds and Seckold

1.         That the application from the NSW Police Service for the establishment of an alcohol free zone surrounding the Ford Park area, Merimbula, as shown on the map identified as Figure 1, in the report be advertised for a period of 30 days in accordance with Section 644A of the Local Government Act 1993 and the NSW Department of Local Government Ministerial Guidelines on Alcohol Free Zones.

2.         That upon expiration of the consultation period, the proposal to establish the alcohol free zone in Merimbula be reported to Council for determination pursuant to S.644B of the Local Government Act 1993.

The motion was put to the vote and LOST

In favour:             Crs Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin, Griff, McBain and Allen

12.1

Drinking Water Fluoridation

As the matter had been subject to addresses to Council the Chairperson asked the Acting Director Transport and Utilities had any new matters been raised in the addresses to Council. The Acting Director advised in his opinion no new matters had been raised.

RESOLVED unanimously on the motion of Cr Nadin and Dodds.

That the matter be heard today. 

A motion was moved by Cr Griff and Tapscott

1.         That Council note the fluoridation of drinking water community information process already undertaken.

2.         That Council request staff to approach NSW Health to fund the engagement of a suitably qualified research and survey company to undertake a statistically representative community survey to determine a valid community view on whether or not fluoride is supported for the Bega Valley.  

3.          That Council agree to abide by the result of the survey.

A motion was foreshadowed by Cr Bain

1.          That Council note the fluoridation of drinking water community information process already undertaken.

2           That Council  resolve to proceed with the fluoridation process

Cr Dodds suggested an amendment to the motion being that that point three be removed.

The amendment was accepted by the mover and seconder.

The following motion was put to the vote and it was CARRIED

1.         That Council note the fluoridation of drinking water community information process already undertaken.

2.         That Council request staff to approach NSW Health to fund the engagement of a suitably qualified research and survey company to undertake a statistically representative community survey to determine a valid community view on whether or not fluoride is supported for the Bega Valley.  

185/17

RESOLVED on the motion of Crs Griff and Tapscott

1.         That Council note the fluoridation of drinking water community information process already undertaken.

2.         That Council request staff to approach NSW Health to fund the engagement of a suitably qualified research and survey company to undertake a statistically representative community survey to determine a valid community view on whether or not fluoride is supported for the Bega Valley.  

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

Against:                  Crs Fitzpatrick, Bain and Allen

12.2

Eden Port Infrastructure Project

186/17

RESOLVED on the motion of Crs Allen and Seckold

That Council approve the proposed payment schedule for the Eden Port Project outlined in the following table

and refer the funding amounts to the budget process for 2018/19 and the review of the Long Term Financial Plan.

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

Against:                  Nil

12.3

Bega Valley Local Traffic Committee

187/17

RESOLVED on the motion of Crs Bain and Fitzpatrick

Request for relocation/removal of Clark Lane Loading Zone.

That Council contact the owner of the building which has an awning encroaching onto the Clark Lane road reserve informing of the need to reduce the overhang of the awning.

Proposed ‘No Stopping’ zone at the eastern end of Clark Lane, Bega.

1.      Council approve the installation of a “No Stopping” zone along the northern side of Clark Lane extending 21 metres easterly from the end of the existing “Loading Zone” in Clark Lane.

2.      Council to inform the owner of the building with the encroaching awning of this action.

Tathra Mountain Bike Enduro– 9th and 10th June, 2018; and (alternative dates) 25th and 26th August, 2018.

1.      That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 9 June and Sunday, 10 June 2018 be approved. If the event is unable to proceed on Saturday, 9 June and Sunday, 10 June 2018, then Saturday, 25 August and Sunday, 26 August 2018 be approved as alternate dates for the event.

2.      That the event 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 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.

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

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

6.      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.

7.      That organisers have written approval prior to conducting the event from the following:

a)      NSW Police, under Section 115 of the Road Transport Act 2013;

b)     NSW National Parks and Wildlife Service; and

c)      NSW Department of Primary Industries, Crown Lands.

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

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

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

Against:                  Nil

12.4

RFT50/17 Detailed Design, Construct and Operate Landfill Gas Management System

RESOLVED unanimously on the motion of Crs Bain and Allen

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

188/17

RESOLVED on the motion of Crs Bain and Allen

1.         That Council accept the tender from Landfill Gas Industries in the amount of $842,820 including GST for works described in RFT 50/17.

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

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

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

Against:                  Nil

12.5

RFQ 68/17 Supply and Delivery of Two Heavy Rigid Tipper Trucks

Non Pecuniary Interest

Cr Russell Fitzpatrick declared a significant non-pecuniary interest in regard to Item 12.5 RFQ 68/17 Supply and Delivery of Two Heavy Rigid Tipper Trucks   on the basis he has a business relationship with several of the tenderers .  A signed declaration form was table by Cr Fitzpatrick noting he would depart the meeting room and take no part in debate and voting on the matter.

04:28 pm       Cr Fitzpatrick left the meeting.

RESOLVED unanimously with the absence of Cr Fitzpatrick on the motion of Crs Bain and Nadin

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

189/17

RESOLVED on the motion of Crs Bain and Nadin

1.         That Council accept the quotation from Southern Truck Centre Queanbeyan in relation to the purchase of two heavy rigid tipper trucks under RFQ 68/17 for the total sum of $460,661.08  (including GST).

2.         That authority is delegated to the General Manager to execute all necessary documentation.

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

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

04:31 pm       Cr Fitzpatrick returned to the meeting.

13.1

Enterprise Risk Quarterly Report (July to September)

190/17

RESOLVED on the motion of Crs Tapscott and Dodds

That Council note the quarterly report specifically the updated information relating to the corporate risk register and activities aimed at improving risk management systems.

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

Against:                  Nil

14.1

Investment Report - September 2017

Allen and Tapscott

191/17

RESOLVED on the motion of Crs Allen and Tapscott

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

Recommendation Allen and Nadin

That the following motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting:

6.1     South East Australia Transport Strategy - Petition to recognise the Princes Highway as a Highway of National Importance

12.1   Drinking Water Fluoridation

12.2   Eden Port Infrastructure Project

12.3   Bega Valley Local Traffic Committee

12.4   RFT50/17 Detailed Design, Construct and Operate Landfill Gas Management System

13.1   Enterprise Risk Quarterly Report (July to September)

14.1   Investment Report - September 2017

14.1   Investment Report - September 2017

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

Against:                  Nil

The following items were subject to Pecuniary or Non Pecuniary interest declaration by Councillors:

9.1 Addition to pub (Dulcie's Cottage) kitchen prep area and coolroom

Pecuniary Interest

Cr Nadin declared a pecuniary interest regarding Item 9.1 Addition to pub (Dulcie's Cottage) kitchen prep area and coolroom on the basis that he is a part owner of the business. 

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

04:39 pm       Cr Nadin left the meeting.

RESOLVED on the motion of Crs  Allen and Dodds

That the recommendation of the Standing Committee be adopted.

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

Against:                  Nil

Absent:                    Cr Nadin

04:39 pm       Cr Nadin returned to the meeting.

9.2     Alcohol Free Zone – Merimbula

Cr Tapscott declared a non pecuniary interest regarding 9.2 Alcohol Free Zone – Merimbula on the basis that she is a resident of Ocean Drive, which would be affected by the proposed alcohol free zone .  A signed declaration form had been tabled by Cr Tapscott for inclusion in the Register noting she would remain in the meeting room, and take part in debate or voting on this item.

RESOLVED on the motion of Crs  allen and Dodds

That the recommendation of the Standing Committee be adopted.

12.5   RFQ 68/17 Supply and Delivery of Two Heavy Rigid Tipper Trucks

Non Pecuniary Interest

Cr Russell Fitzpatrick declared a significant non-pecuniary interest in regard to Item no 12.5 RFQ 68/17 Supply and Delivery of Two Heavy Rigid Tipper Trucks   on the basis he has a business relationship with several of the tenderers .

Cr Fitzpatrick departed the meeting room and take no part in debate and voting on the matter.

4.40 pm Cr Fitzpatrick left the meeting room

RESOLVED on the motion of Crs  Allen and Dodds

That the recommendation of the Standing Committee be adopted.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

4.40 pm Cr Fitzpatrick returned to the meeting room.

17.1

Beach Lifeguard Services Tender RFT 55/17  - Item 10.1 Council Meeting 11/10/2017   

192/17

RESOLVED on the motion of Crs Allen and Bain

That Council rescind its Motion from the meeting of  11 October 2017 item 10.1 Beach Lifeguard Services Tender RFT 55/17 :

1.    That Council note the report.

2.    That Council accept the ALS tender price and identify additional related sources of funding to cover the shortfalls identified in the table above.

3.    That Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service) be acknowledged as the preferred tenderer for RFT 55/17 Provision of Beach Lifeguard Services

4.    That Council work with the Tathra Chamber of Commerce to source additional funding required to meet shortfalls as outline in the report (funding sources).

5.    That Council write to The Hon Andrew Constance, Member for Bega with the support of the relevant Chambers of Commerce and Tourism bodies in those areas, requesting for support for Council’s funding application to the Water Safety Fund.

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

Against:                  Nil

RESOLVED on the motion of Crs Allen and Bain

1       That Council note the report.

2.      That Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service) be acknowledged as the preferred tenderer for RFT 55/17 Provision of Beach Lifeguard Services.

3.      That no tender be accepted and delegated authority be given to the General Manager to negotiate directly with the preferred tenderer to reduce services to meet the available funding allocation for the contracted period.

4.      That Council recognise the contribution of the Tathra Chamber of Commerce and work with them to source additional funding required to meet shortfalls as outline in the report (funding sources).

5.      That Council write to The Hon Andrew Constance, Member for Bega and the relevant Minister with the support of the relevant Chambers of Commerce and Tourism bodies in those areas, requesting for support for Council’s funding application to the Water Safety Fund for expanded services as applied for.

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

Against:                  Nil

20.1

Cr Griff - Low Income Housing Provision

Cr Cathy Griff - asked that staff identify any Council owned property with potential to be used for low income housing

The question was taken on notice by the General Manager

20.2

Cr Fitzpatrick - Sewage leak Merimbula Lake

Cr Russell Fitzpatrick commented on the most recent sewage leak in Merimbula which caused the closure of Merimbula Lake for aquaculture and complimented staff on the quick response and action taken.

He asked, given the recent incidents, what remedial action can be put in place to identify these problems earlier.

The Acting Director Transport and Utilities advised that his staff responded to the spill within 30 minutes of the problem being reported.

He further advised that in identifying the problem staff found that a plastic liner inserted to seal any leaks  12 years ago had come adrift, causing an obstruction.  Staff investigated to see if this has happened in other lines and contacted the company who had done the original work.  The company,  Interflow,  have advised Council that they will undertake investigations using a camera and repair any failing linings that they had installed at no cost to Council.  Interflow will inspect 39 lines with a view to having this work done by prior to Christmas.

20.3

Cr Bain - Advertisement of Waste Changes FOGO

Cr Robyn Bain repeated her question previously asked in August about advertising “FOGO is a GOGO”.  She noted the advertisement had appeared again in the local paper and asked:

·         Who is the target audience?

·         What is the message you are trying to convey?

·         Why is there no contact number?

She noted although this catchy approach worked for the users of social media.  Many elderly people who do not have access to social media may be assisted by the provision of a phone number to enable them to ring and ask any questions about the changes in waste disposal.

She also asked that consideration be given to all Council’s communications also being targeted to the elderly or those who may not have access to social media and who would like a number to call.

The question was taken on Notice by the General Manager who advised that due to the change in Director there may have been a delay in providing the response and indicated she would follow up with staff to ensure that this question and the question asked in August is passed on to the  Waste Staff for response.

20.4

Cr Dodds - Opportunity for questions from the Public during Council Meetings.

Cr Jo Dodds asked was the opportunity available for members of the community to ask two questions per person from the floor at a  Council meeting.

The General Manager advised that this option was not available under Council’s current Code Of Meeting Practice.  She advised Councillors that the Office of Local Government is developing a Model Code of Meeting Practice at which time Council will also review its Code.  The Model Code when supplied would provide minimum requirements and Council could consider the option of including opportunities for the public to raise matters from the floor in a review of the Code of Meeting Practice.

20.5

Cr Dodds - Ocean Outfall savings by using effluent watering systems.

Cr Jo Dodds - asked that following the presentation by Bermagui Country Club, could Councillors be provided with the  likely saving to Council by the re-use of the effluent by the club, rather than it going to ocean outfall.  She asked is there a lower level of outfall that is acceptable, what environmental savings are achieved and is 100% reuse realistic.

The General Manager advised that the review of the Strategic Business Plans for Water and Sewer will soon be presented to Council and these questions will be able to be dealt with in that process which will include opportunities to look at reuse options Shirewide including in Bermagui.

Adjournment Into Closed Session

Item 21.1 RFT 13/17 Sale of 142-144 Imlay Street Eden (the former Hotel Australasia)

Mr Graham Stubbs, Director Strategy and Business Services declared a non-pecuniary interest on the basis he has a long standing family connection to some of the tenderers .

Mr Stubbs departed the meeting room and took no part in debate and voting on the matter.

Recommendation Crs Dodds and Seckold

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 (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 and (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.

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).

22.1

Closed Session Report 21.1 RFT 13/17 Sale of 142-144 Imlay Street Eden (the former Hotel Australasia)

Item 21.1 RFT 13/17 Sale of 142-144 Imlay Street Eden (the former Hotel Australasia)

Mr Graham Stubbs, Director Strategy and Business Services declared a non-pecuniary interest on the basis he has a long standing family connection to one of the tenderers .

Mr Stubbs departed the meeting room and took no part in debate and voting on the matter.

RESOLVED on motion of Crs Bain and Nadin

That Council note the recommendation of the Closed Session

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

Against:                  Nil