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Presentations: Trish Hellier Apr 9th 2019

Public Access - 9:30am session Good Morning Mayor Innes, I take this opportunity to thank yourself, Directors Sharpe and Arthur for the onsite meeting on Friday 22nd March with some representative of our group Save Albert Ryan Park. I acknowledge receipt of an email from Council dated 26th March 2019 with confirmation of the resealing of an area of the car park and replacement of a picnic table.

In discussion with of our group and the community members there is a view that if the benches at the 2 current picnic tables were moved out approximately 35cm this would enable far easier access to the tables thus the current tables could remain. There is still a requirement for at least one additional picnic table and there was a view that this table could be located on the grassed area at the south end of the park.

Further to an email I have received on Friday 5th April 2019 in relation to the steps leading from the Peak in High Street to Albert Ryan Park. I was told at one point in time that I would be invited to attend an onsite meeting of this area. The email has stated this inspection has occurred and that the replacement stairs will proceed. Saturday 6th representative of our group went back to this area, I spoke to one man who had been living at the Peak for 8 months he told me he had never seen anyone access the stairs he was in a top floor unit very close to the entrance of the staircase leading to ARP, he also stated that he did not think that anyone in units at “Peak” used these stairs another resident I spoke to also made the same comment neither resident were aware that the grassy land area was once a site for the Anglican Church Cemetery.

I have accessed further information from a report that was published in the Canberra Times on Monday 14th January 1985 “Old Batemans Bay Cemetery Leveled” . The first person buried on this land was in 1874 and the last was Lucy Bettini who was buried beside her husband in 1927. It is believed that the site contained 65 graves and 14 marked with headstones. With rezoning of the land the Anglican Church sold the site which abruptly stopped the Clyde River and the Batemans Bay Historical Society fight to have the site declared a pioneer cemetery by the National Trust was lost.

Despite a “sit in by locals” the headstones were removed and those that could be stored were to be relocated at the newly built Anglican Church. There were graves that were described on the “fringe” were marked by a wooden cross one being an old Chinese man and his wife. Mr Clive Owen stated he had helped bury his father in 1910, he stated that “The place where people are buried is a Hallowed Ground” to make holy, to treat as sacred. Copy of art. from the Canberra times attached.

The Canberra Times (ACT : 1926 - 1995) Mon 14 Jan 1985 (Source TROVE) - provided under Fair Dealing as it is referred to in Ms Hellier's presentation and provided by Ms Hellier for the purpose of news

Councillors despite the fact that there has been approval for this staircase at a cost of $62,000 of rate payers money there are other options and in discussion with a staff person he has agreed that the 2 other areas that the majority of the community are using will still be used. There is a 3rd option and that is, there is an area of land from High Street to Short Streets that if a footpath was build it could be accessed which leads to the Water Gardens as in time there will be a requirement for this area to be made Wheel Chair friendly. Why not use that $62,000 to contribute to this footpath from High Street to Short Street which would be the first step for a Wheel Chair friendly access and scrap this provision for new stairs which will see work carried out crossing this “Hallowed Ground” and just accessing this site with the work equipment that will be required if this proceeds could result in remains that were buried on the edge of the cliff site being disturbed which could include Aboriginal remains and as most of you would be aware there is an “Aboriginal Lands Claim in the entire Eurobodalla shire. ************************************************************************** Good morning Mayor Innes, Councilors, General Manager, Staff, Gallery and those comfortable Live Streaming at home My name is Patricia Hellier from Batemans Bay I am here today to speak on the Confirmation of the Minutes of Council Meeting 26th March 2019 these Minutes cannot be Confirmed as they are not accurate. I was in attendance at this meeting and I know that Clr. Rob Pollock moved a motion which was seconded by Clr. James Thomson, there was an ongoing debate that ensured and at one point in time I stated the words out loud to the affect “There has been a motion moved and seconded”. This motion failed to be put to the Councilors and the motion is not reflected in the minutes. There was another item I believe should have been reflected in these minutes and that is in relation to the fact that Clr. Phil Constable asked that a word be changed in the motion for the Code of Meeting Practice to go out on exhibition. The General Manager is responsible for the accuracy of the Minutes.The facts are the Minutes do not reflect what transpired at this meeting or for that matter are very lacking in detail in ALL of the Council Minutes in ALL meeting that I have attended.What occurred at this meeting is a testimony for Business Arising from the Minutes to be included on the Agenda. The facts are what in turn transpired at this meeting escalated from a Councilor who was not in attendance when a speaker was given his presentation and yet that Councilor returned to the meeting and gave his interpretation of a word from his seat without using his microphone . To the Mayors credit she honestly acknowledged that she did not hear the word I will add I did not hear the word and a number of people in the gallery expressed that they had not heard the word. There is a view that this incident is an example why not to Live Streaming of the Public Forum, I believe this is incorrect I believe this is the very reason why Live Streaming should be included in the meetings. ************************************************************************

Public Forum - 10:00 am session RESPECT – My 3 dictionaries The Collins, The Cambridge and the Oxford all have very similar words as definitions – “to relate to, to honor, to treat with consideration for etc.

DISRESPECT – lack of respect, discourteous & rude . – I ask that you bear with me - for some time now I and others have noticed that when some speakers address Council either in Public Access or Public Forum there are a couple of Councilors that leave the Gallery. It is acknowledge that you have no control of this. The last Council meeting saw one of these Councilor leave the Gallery during a presenter in Public Forum, this Councilor was out of sight during this persons presentation after a period of time I observed this particular Councilor appear and was standing out of your sight but firmly in my sight in the hallway slightly behind the open door into the gallery. This Councilor was flicking through a device in his hands after a period of time this Councilor entered the Gallery , returned to his seat and proceeded to interject in the meeting by not using his microphone but proceeded to give his definition of a word.I have stated in Council meetings previously us the presenter give our time freely to speak here, we do not get paid to do so and we do not get petrol money to appear. I firmly believe unless there is a pressing reason Councilors should be prepared to at least have the courtesy to sit and listen to everyone’s presentation it is disrespectful, discourteous and rude not to listen to all speakers.I also find it is very disrespectful for a Councilor to make a statement that implies that a speaker speaks so that, that person can then rewatch themselves on Live Streaming particularly when it is commonly known that this person is not internet savvy. The very first Council Meeting after the 2012 Council Election a Councilor made a statement in this chamber in relation to the fact that there were 6 new Councilors elected , those words were to the affect “The people have spoken and we now need to listen” those words were from Ferg Thomson, in 2016 we saw 6 new Councilors elected to Council, ask some within the community if they believe they are being listen to since the 2016 election? At the end of this month it will be approximately 15 months until the 2020 Council Election and I predict that there will be at least 6 if not 7 newly elected Councilors NOW which 2 in this current crew will remain , well that remains to be seen. Trish Hellier- for and on behalf of Save Albert Ryan Park. ****************************************************************** Item No. CC S 19/011 New Model Code of Local Government. I believe this Code should not be adopted the facts are when this Code was placed in the 3 Libraries for exhibition there were not any borrowed copies available to the community. I will add at this point in time that the current Code of Meeting Practice in the Libraries there are NO borrowed copies available to the community. WHY? The facts are I do not believe there should be the amount of controls being enforced in the document especially when it comes to Community Committee Members.PART 3 – General Conduct Obligations In the 2015 document there were 3.1 thru to 3.3 inclusive – 3.1 Covered “Bringing the council into disrepute “ It was proven in 2018 that this point had wriggle room for some Councillors.In this 2019 document 3.1 there is a change of words being – “You must not conduct yourself in a manner that: a) is likely to bring the council or other council officials into disrepute”In this 2015 document 3.3 states – “You must treat others with respect at all times”. This point has been excluded in the 2019 Document WHY? PART 8 - Access to information and Council Resources Councillor and administrator access to information In the 2015 document it states “The general manager and public officer are responsible for ensuring that members of the public, councillors and administrators can gain access to the documents available under the Government Information (Public Access) Act 2009”. In this 2019 document 8.1 has excluded the words “public officer”.8.1 The general manager is responsible for ensuring that councillors and administrators can access information necessary for the performance of their official functions. If the General Manager is not available or away there is NO ONE authorized to provide the Councillors to access information necessary for the performance of their official functions. WHY?