1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

201/17

RESOLVED unanimously on the motion of Crs Bain and Nadin

That the confirmation of the minutes be deferred to allow the requested deputation to Council on the item.

4.1

Request to address Council

Cr Fitzpatrick requested clarification regarding the need for any Councillor who may sit on the Joint Regional Planning Panel (JRPP) to vacate the room during any deputation on this matter of the proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow.

The General Manager advised that nominated Councillors should absent themselves from any discussion on the matter, in the event that they may be required to sit on the JRPP which will consider the development application.

RESOLVED unanimously on the motion of Crs Bain and Nadin

That Standing Orders be suspended to allow the following persons to address Council:

Item 12.2 Expanding the Merimbula sewerage system for DA 2016.78.1

Mr Michael Britten

Item 9.1.  Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow   

Mr Stephen Jackson on behalf of Bega Valley Residents Against Frogs Hollow Flying School (authority yet to be supplied)

Item 2 – Adoption of the Minutes 22 November, 2017

Mr David Jesson.

Mr Britten addressed the Council

RESOLVED unanimously on the motion of Crs Tapscott and Dodds that an extension of two minutes be granted to Mr Britten to complete his address.

Mr Britten responded to questions from Councillors.

The Mayor thanked Mr Britten for his address.

The Mayor asked if any Councillors wished to depart the meeting room during the deputation by Mr Jackson.

Cr Fitzpatrick declared a  non-pecuniary interest regarding the Deputation from Mr Jackson regarding Item 9.1.  Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow, on the basis that he may be required to sit on the Joint Regional Planning Panel (JRPP) which will determine this development application. 

2:21 pm         Cr Fitzpatrick left the meeting.

Cr Bain declared a  non-pecuniary interest regarding the Deputation from Mr Jackson regarding Item 9.1.  Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow, on the basis that she may be required to sit on the Joint Regional Planning Panel (JRPP) which will determine this development application. 

2:21 pm         Cr Bain left the meeting.

Cr Tapscott made a statement advising she had attended a public meeting on the matter of the proposed flight school and her attendance had precluded her from sitting on the JRPP on this matter, therefore she would remain in the meeting room.

Cr Dodds made a statement advising she had attended a public meeting on the matter of the proposed flight school and her attendance had precluded her from sitting on the JRPP on this matter, therefore she would remain in the meeting room.

2.21 pm Acting Director Planning and Environment, Mr Tull departed the meeting room.

Mr Stephen Jackson addressed the Council.

RESOLVED unanimously on the motion of Crs Tapscott and Seckold that an extension of two minutes be granted to Mr Jackson to complete his address.

The Mayor thanked Mr Britten for his address.

Cr Seckold made a statement that the submission period had been extended until 20 December.

02:29 pm       Cr Fitzpatrick returned to the meeting.

02:29 pm       Cr Bain returned to the meeting.

0.29 pm         Mr Tull returned to the meeting.

Mr Jesson addressed the Council.

The Mayor thanked Mr Jesson for his address.

2.

Confirmation of Minutes

RESOLVED on the motion of Cr Bain and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 22 November 2017 as circulated, be taken as read and confirmed.

6.1

Standing Committees

The Mayor apologised to Mr Jesson for any misunderstanding regarding the formalities regarding the recording and adoption of Standing Committee Minutes.

Background

Council’s Code of Meeting Practice outlines the framework under which Council meetings are conducted. Council has until recently been resolving to adjourn into Standing Committees. In these sessions Council has considered staff reports under six Standing Committee headings.

At the Council meeting on 22 November Mr David Jesson in a deputation to Council relating to Council meeting process raised a query relating to Standing Committee minutes. He indicated that in his view Council should be maintaining separate Standing Committee Minutes and resolving their adoption.

This has been raised with the Governance section of the Office of Local Government (OLG). In the feedback from the OLG they noted that improvements could be made to Council’s Code of Meeting Practice and the operation of meetings.

The Code of Meeting Practice is due for review however this has been held over waiting release of a Model Code of Meeting Practice from the OLG. This has been delayed but should be available in the near future.

Specifically Council should now deal with the following two matters raised by the OLG:

1.       Dealing with Staff reports

a.      The advice from the OLG is that Council should consider all items on the agenda in full Council and not resolve to adjourn into Standing Committees.

b.      If a Councillor requires that a matter be discussed prior to formal debate then a motion to adjourn into Committee of the Whole should be put.

c.       Following discussion a resolution should then be put to return to Council and the matter formally debated.

d.      The Code of Meeting Practice at item 37.1.1 notes that Council may by resolution appoint or abandon Standing Committees.

e.      It is my view that at this time with the Mayor chairing the meeting in its entirety we should move to abandon Standing Committees and make the appropriate amendments to the Code of Meeting Practice.

f.       This will also trigger a review of the Register of Delegations Part 1.

2.       Conduct of debate

a.      Feedback was also received in relation to the Conduct of Debate at item 25.

b.      I believe that Councillors need to make sure they are fully aware of the requirements of this important area of the Code.

c.       Whilst the OLG have provided feedback that we consider whether we require Councillors to stand which has been removed in most recent Code of Meeting Practice adopted by other Councils it is the other items which I believe we need to focus and work on into the future.

Whilst staff have arranged a number of training sessions on the Code of Meeting Practice over the past year I believe that we still have some way to go to improve our deliberations particularly in terms of respecting all input and views and treating the Council body and all Councillors in the manner expected by our community. I have requested that the General Manager arrange a time for us to again review this area of the Code of Meeting Practice and provide input into a review of the Code for consideration formally by Council.  I suggest that this be carried out early in 2018 and link to the release of the Model Code of Meeting Practice

202/17

RESOLVED on the motion of Cr McBain

That Council formally resolve to abandon Standing Committees and request staff to make the necessary amendments to the Code of Meeting Practice for formal consideration by Council and the required advertising as per item 6 of the Code.

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

Against:                  Nil

8.

Adjournment into Standing Committees

203/17

RESOLVED on the motion of Crs Bain and Seckold

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

9.1

Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow

Declarations of Interest

Cr Fitzpatrick declared a  non-pecuniary interest regarding Item 9.1.  Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow, on the basis that he may be required to sit on the Joint Regional Planning Panel (JRPP) which will determine this development application

2:42 pm         Cr Fitzpatrick left the meeting.

Cr Bain declared a  non-pecuniary interest regarding Item 9.1.  Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow, on the basis that she may be required to sit on the Joint Regional Planning Panel (JRPP) which will determine this development application

2:42 pm         Cr Bain left the meeting.

2.42 pm         Mr Tull, Acting Director Planning and Environment left the meeting.

The Chairperson asked had any new matters been raised in the address to Council.

The General Manager advised that as the report in the Business Paper outlined the process and the deputation was in the form of a submission to the development application in her opinion there was no reason the matter could not be heard today.

RESOLVED unanimously on the motion of Crs Allen and Griff

That the matter be dealt with today.

204/17

RESOLVED on the motion of Crs Seckold and Nadin

That Council note the report and that the timeline for submissions has been extended for two weeks until 20 December, 2017.

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

Against:               Nil

Absent:                  Crs Fitzpatrick and Bain

2:48 pm       Cr Bain returned to the meeting

2:48 pm       Cr Fitzpatrick returned to the meeting.

2.42 pm       Mr Tull, Acting Director Planning and Environment returned to the meeting.

10.1

Barclay Street Sports Complex committee nominations

205/17

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.         That the report be noted.

2.         That nominees to Council’s Barclay Street Sports Complex committee listed in the Confidential attachment be appointed:

·         Adam Donaldson

·         Belinda Kirkby

·         Drew Mudaliar

·         Ian Merrington

·         Nicole Crowe

·         Peter Russell

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

Against:                  Nil

10.2

Grave Excavation, Maintenance and Related Services RFT 79/17

RESOLVED on the motion of Crs Allen and Fitzpatrick

That the recommendations from the Confidential Memorandum are adopted.

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

Against:                  Cr Dodds

206/17

RESOLVED on the motion of Crs Allen and Seckold

1.    That Robert Jennings Excavations Pty Ltd be acknowledged as the preferred tenderer for RFT 79/17 Grave Excavation, Maintenance and Related Services.

2.    That no tender be accepted and authority delegated to the General Manager to negotiate directly with the preferred tenderer to reduce service cost in line with current rates and community expectation.

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

Against:                  Cr Dodds

12.1

Draft NSW Future Transport Strategy 2056 and associated draft plans are out for public comment

The recommendation was moved by Cr Fitzpatrick and Bain

Cr Fitzpatrick declared that he was employed by a freight company, prior to speaking to his motion.

207/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.      That Council respond to the draft NSW Future Transport 2056 and supporting plans with the comments outlined in this report.

2.      That Council write to the NSW State Government advising that the key deficiencies in the draft Regional NSW Services and Infrastructure Plan and NSW Future Transport 2056 are:

a)      East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway;

b)     Addressing pinch points in the road network through the Bega Valley for both passengers and freight including the Brogo River Bridge on the Princes Highway;

c)      Providing improvements to the connection south into Victoria from Bega Valley and recognition and development of the Sydney Melbourne Coastal Drive; and

d)     Planning for future transport development to and from the Port of Eden.

3.      That the comments relating to the Tourism and Transport Plan also be submitted.

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

Against:                  Nil

12.2

Expanding the Merimbula sewerage system for DA 2016.78.1

The Chairperson asked had any new matters been raised in the address to Council

The Acting Director Transport and Utilities advised that in his opinion no new matters had been raised.

A motion was moved by Crs Seckold and Tapscott

That the matter be deferred to allow Councillors to view the material supplied by Mr Britten.

Cr Allen foreshadowed a motion

That the matter be dealt with today.

The motion was put to the vote and was LOST

In favour:             Crs Nadin, McBain, Seckold and Tapscott

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

The foreshadowed motion was put to the vote and it was

RESOLVED of the Motion of Crs Allen and Fitzpatrick

That the matter be heard today.

In favour:             Crs Fitzpatrick, Bain, Griff, Dodds and Allen

Against:                  Crs Nadin, McBain, Seckold and Tapscott

208/17

RESOLVED on the motion of Crs Bain and Allen

That Councillors note the background information supplied and support the current position that the developer undertake preparation of acceptable sewer strategy prepared by a tier 1 sewer engineering consultant.

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

Against:                  Crs Seckold and Tapscott

12.3

Acquisition of easements for Bermagui Sewage Treatment Plant

209/17

RESOLVED on the motion of Crs Allen and Bain

1.    That a proposed easement for sewer rising main 4 wide and variable width designated as (E) and right of carriageway over track in use designated as (R) in the registered deposited plan 1225602 within Bermagui State Forest No. 142, Lot 1 DP721389 and Lots 158 and 250 DP752130 be compulsorily acquired for the purpose of the Sewage Treatment Plant at Bermagui in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2.    That a proposed easement for sewer rising main 5 wide and variable width in the registered deposited plan 1225605 within Lot 307 DP735144, Lot 8 DP250333, Lot 1 DP824394, Lot 145 DP752130 and Lot 7044 DP1020269 and easement for a Sewage Treatment Plant designated as (A) in the registered deposited plan 1225605 within Lot 3 DP599423 and Lot 287 DP1151605, be compulsorily acquired for the purpose of the Sewage Treatment Plant at Bermagui in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

3.    That the General Manager and/or Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land by compulsory process under section 186 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

13.1

2017 Policy Review

210/17

RESOLVED on the motion of Crs Bain and Seckold

1.    That Council revoke the following policies:

- Festivals and Events (absorbed by Lands under Council Jurisdiction Policy)

- Local Procurement (absorbed into Procurement of Assets and Services Policy)

- Character and Amenity (redundant Policy)

- Private Works (redundant Policy)

- Roads (absorbed by Transport Policy)

- Signs (absorbed by Transport Policy)

- Requests for Assistance (absorbed by Grants Program Policy)

2.    That Council adopt the following policies:

        - 1.01 Community Wellbeing

        - 1.02 Inclusive Communities

        - 1.03 Arts and Culture

        - 1.04 Volunteering

        - 1.05 Film and Video

        - 1.06 Cultural Diversity

        - 1.07 Public Reserve Management

        - 1.08 Leisure and Recreation

        - 1.09 Community Grants Program

        - 2.01 Community Learning and Education

        - 2.02 Live, Work, Invest

        - 2.03 Digital Economy

        - 2.04 Traditional Industries

        - 2.05 Tourism

        - 3.01 Development Administration

        - 3.02 Environment Management

        - 3.03 Soil and Water Management

        - 3.04 Biosecurity and Weed Management

        - 3.05 Environmental Sustainability for Council Operations

        - 3.06 Pesticide Use

        - 3.07 Climate Change

        - 3.08 Asbestos Management

        - 3.09 Dedication of Public Land

        - 3.10 Waste Services

        - 4.01 Drinking Water Quality

        - 4.02 On-site Sewage Management

        - 4.03 Public Regulation

        - 4.04 Companion Animal Management

        - 4.05 Enforcement and Compliance

        - 4.06 Cemeteries and Memorials

        - 4.07 Water and Sewerage Services

        - 4.08 Drinking Water Supply

        - 4.09 Families and Children

        - 4.10 Lands under Council Jurisdiction

        - 4.11 Planning Agreement

        - 4.12 Environmental and Public Health

        - 4.13 Heritage Works of a Minor Nature

        - 5.01 Asset Management

        - 5.02 Transport Services

        - 6.01 Governance

        - 6.02 Behaviour of Councillors and Staff

        - 6.03 Risk Management and Insurance

        - 6.04 Conditions of Employment

        - 6.05 Work Health and Safety

        - 6.06 Financial Management

        - 6.07 Investments

        - 6.08 Procurement of assets and services

        - 6.09 Information Technology

        - 6.10 Communications

        - 6.11 Records Management

        - 6.12 Access to Information

        - 6.13 Customer Services

        - 6.14 Use of Council Seal

        - 6.15 Interstate and Overseas Travel

        - 6.16 Community Engagement

        - 6.17 Integrated Planning and Reporting

        - 6.19 Closed Circuit Television (CCTV)

        - 6.20 Related Party Disclosures

        - 6.21 Public Private Partnerships

        - 6.22 Business Incentives  

3. That Council adopt the proposed Policy framework:

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

Against:                  Nil

13.2

Quarterly Report: Major Projects and update on Operational Plan impacts and delays due to restructure

211/17

RESOLVED on the motion of Crs Bain and Seckold

That Council note the major projects update and the service level amendments referred to the six monthly review of the adopted Operational Plan and Delivery Program.

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

Against:                  Nil

13.3

Draft of Reviewed Code of Conduct for Councils in NSW

A motion was moved by Cr Fitzpatrick and Allen

That Council note this report.

Cr Dodds foreshadowed a motion that

1.   That Council note this report.

2.   That Council endorse the Canberra Region Joint Organisation of Council's Submission to be presented to the Office of Local Government for their consideration, of the draft consultation documents for the Reviewed Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Councils in NSW.

The motion was put to the vote and it was

212/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council note this report.

In favour:             Crs Fitzpatrick, Bain, Nadin, Seckold and Allen

Against:            Crs Griff, McBain, Tapscott and Dodds

13.4

Status of Actions from Council Resolutions

213/17

RESOLVED on the motion of Crs Bain and Seckold

That Council note the status report on actions from Council’s Resolutions for the quarterly period of 30 June 2017 to 31 October 2017.

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

Against:                  Nil

13.5

Joint Organisation membership

214/17

RESOLVED on the motion of Crs Tapscott and Dodds

1.      That Council formally resolve its intention to join the Joint Organisation designated by the Council areas outlined in this report.

2.      That Council receive a report on the legal framework for formally advising the Minister for Local Government in February 2018 of its intention.

3.      That Council workshop an appropriate name to forward to the Minister to be formally resolved at its meeting in February 2018.

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

Against:                  Nil

14.1

Quarterly Budget Review Statement

A motion was moved by Cr Fitzpatrick and Allen

1.    That the September Quarterly Budget Review and note movements outlined in the Quarterly Budget Review Statement be adopted by Council.

2.    that the Carry Forwards identified from 2016/17 be received for information.

RESOLVED unanimously on the motion of Cr Allen and Bain

That standing orders be suspended in order to allow questions and discuss the Quarterly Budget Review.

3.51 pm The General Manager departed the meeting room.

3.54 pm The General Manager returned to the meeting room.

4.09 pm RESOLVED unanimously on the motion of Cr Bain and Nadin

That Standing Orders be resumed.

Cr Allen proposed an amendment to the motion of Crs Fitzpatrick and Allen that an additional point be added:

That Council does not commit to any further additional expenditure, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified.

The amendment was accepted by Cr Fitzpatrick and the motion became:

1.    That the September Quarterly Budget Review and note movements outlined in the Quarterly Budget Review Statement be adopted by Council.

2.    That the Carry Forwards identified from 2016/17 be received for information.

3.   That Council does not commit to any further additional expenditure, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified.

Cr Fitzpatrick spoke to his motion.  A point of Order was called by Cr Tapscott regarding Cr Fitzpatrick’s comment that “having  been here for the past 9 years and that at times he thought they had spent like drunken sailors”. Cr Fitzpatrick withdrew the comment in question

Cr Griff suggested an amendment to point 3 of the motion that the words  “and an alternate funding source can be identified” be removed.

The amendment was not accepted by Cr Fitzpatrick

A motion was foreshadowed by Cr Dodds

1.    That the September Quarterly Budget Review and note movements outlined in the Quarterly Budget Review Statement be adopted by Council.

2.    That the Carry Forwards identified from 2016/17 be received for information.

3.    That Council does not commit to any further additional expenditure, or make a decision to decrease its fees and charges, unless it is in conjunction with a Quarterly Budget nd an alternate funding source can be identified.

The motion was put to the vote and it was CARRIED

215/17

RESOLVED on the motion of Fitzpatrick and Allen

1.    That the September Quarterly Budget Review and note movements outlined in the Quarterly Budget Review Statement be adopted by Council.

2.    That the Carry Forwards identified from 2016/17 be received for information.

3.   That Council does not commit to any further additional expenditure, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified.

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

Against:                  Crs Griff, Tapscott and Dodds

14.2

Investment Report October 2017

216/17

RESOLVED on the motion of Crs Allen and Bain

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

217/17

RESOLVED on the motion of Crs Bain and Dodds

Resolved on the motion of Crs Bain and Dodds

That the motions recorded in the Standing Committees, as shown above and in the separate Standing Committee Minutes, including votes for and against, be adopted in and by the Ordinary Council Meeting.

10     Staff Reports – Community, Culture and Leisure

10.1  Barclay Street Sports Complex committee nominations

10.2 Grave Excavation, Maintenance and Related Services RFT 79/17

12     Staff Reports – Infrastructure Waste and Water

12.1 Draft NSW Future Transport Strategy 2056 and associated draft plans are out for public comment

12.2 Expanding the Merimbula sewerage system for DA 2016.78.1

12.3 Acquisition of easements for Bermagui Sewage Treatment Plant

13   Staff Reports – Governance and Strategy

13.1 2017 Policy Review.

13.2  Quarterly Report: Major Projects and update on Operational Plan impacts and delays due to restructure 77

13.3 Draft of Reviewed Code of Conduct for Councils in NSW

13.4 Status of Actions from Council Resolutions

14     Staff Reports – Finance

14.1 Quarterly Budget Review Statement

14.2 Investment Report October 2017

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

Against:                  Nil

Adoption of reports subject to Pecuniary or Non- Pecuniary interest.

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

Cr Fitzpatrick declared a  non-pecuniary interest regarding Item 9.1.  Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow, on the basis that he may be required to sit on the Joint Regional Planning Panel (JRPP) who will determine this development application

4.19 pm         Cr Fitzpatrick left the meeting.

Cr Bain declared a  non-pecuniary interest regarding Item 9.1.  Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow, on the basis that she may be required to sit on the Joint Regional Planning Panel (JRPP) who will determine this development application

4.19 pm         Cr Bain left the meeting.

4.19 pm         Mr Tull, Acting Director Planning and Environment left the meeting room.

9    Staff Reports – Planning and Environment

9.1 Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow  

RESOLVED on the motion of Crs Allen and Nadin

That the motions recorded in the Standing Committees,  as show above and in the separate Standing Committee Minutes, including votes for and against, be adopted in and by the Ordinary Council Meeting.

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Bain

4:20 pm         Cr Bain returned to the meeting.

4:20 pm         Cr Fitzpatrick returned to the meeting.

4.20 pm         Mr Tull, Acting Director Planning and Environment returned to the meeting room.

21.1

Street Trees Policy

Cr Jo Dodds noted that the matter policies including trees had been discussed earlier that she had not yet read all policies in full however she asked could a strategy or policy be developed specifically for street trees, with reference to recent research about the value of street trees, both monetary and for health and amenity.

The question was taken on notice by the General Manager

21.2

Contradictory information to the public

Cr Jo Dodds advised she makes it a habit to copy and paste Media Releases about council activities, to her Facebook page and deals with any enquiries that come her way.  She noted that in today's agenda is the following on Page 78:

·         "Restructuring... resulted in four positions that have been made redundant"

And in the Media Release dated 23rd November is the statement:

·         "... no positions will be lost"

Both documents are on the public record. ..

If a community member asks her - as they are doing - whether any jobs have been lost, to which document should she refer them?

What is the total change in FTE across the organisation currently, and, if possible, what is planned?

The General Manager advised that the references quoted by Cr Dodds related to two different matters.

The report in the Agenda for the 29 November, 2017 meeting was in regard to the changes to the structure as resolved by Councillors in June 2017.

The Media Release of 23 November was in regard to the Senior Structure realignment.  No positions will be lost in this change.  The vacant positon of Director Planning and Environment, created by resignation will not be filled and therefore there are no redundancies caused by the realignment of structure at this level.

21.3

Costs associated with DA 2016.78.1

Cr Tony Allen asked could Councillors be provided with the legal and staff costs associated with the Development Application  2016.7081. DA 2016.78.1

The Question was taken on notice by the General Manager

21.4

Intersection Monaro and Market Street Merimbula

Cr Mitchell Nadin asked about the works carried out at the intersection of Monaro and Market Street Merimbula.  He noted that the plans showed the signature tree in quadrant 2 would be a Port Jackson Fig and that the trees that planted were Jacarandas.

He asked why the plan was not followed and Jacarandas planted?

He commented on the amount of maintenance, the future growth of the trees and public liability concerns associated with the planted species.

The General Manager advised this was an operational matter and a response has been provided via memorandum to Councillors.

21

Adjournment Into Closed Session

Non-Pecuniary Interest

Mr Graham Stubbs, Director Strategy and Business Services, declared a  non-pecuniary interest regarding Item Closed Session Item 21.1 RFT 13/17 Sale of 142-144 Imlay Street Eden (the former Hotel Australasia) on the basis that he has a long standing friendship with one of the tenderers.  A signed declaration form was tabled by Mr Stubbs for inclusion in the Register, noting he would leave the chamber taking no part in discussion on the matter.

4.25 pm Mr Stubbs had departed the meeting room.

218/17

RESOLVED on the motion of Crs Seckold and Dodds

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 (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).

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

Against:                  Nil

22.1

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

219/17

RESOLVED on the motion of Crs Nadin and Dodds

1.      That Council note the recommendation of the Closed Session

2.      That Council note the tender assessment information and the further investigation undertaken by the General Manager and delegate the General Manager to enter into negotiation with the highest ranked tenderer Irisha Pty Ltd and Rubycove Pty Ltd.

3.      That staff advise all tenderers of the outcome.

4.    That the General Manager report back to Council following the negotiations.

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

Against:                  Nil

24

Urgent Business Code of Conduct Review

220/17

RESOLVED on the motion of Crs Bain and Dodds

That Council endorse the Canberra Region Joint Organisation of Council's Submission to be presented to the Office of Local Government for their consideration, of the draft consultation documents for the Reviewed Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Councils in NSW.

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

Against:                  Crs Fitzpatrick and Allen