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					                                            BEGA VALLEY SHIRE COUNCIL


                             Ordinary Meeting Minutes
                                         Held on Tuesday 10 November 2009
                                  at the Council Chambers, Bega commencing at 2.00 pm




              PRESENT              Councillor Allen (CHAIRPERSON) and Councillors Britten, Campbell,
                                   Hede, Hughes, Pincini, Seckold and Wykes

              IN ATTENDANCE        Mr Peter Tegart - General Manager, Ms Leanne Barnes - Group
                                   Manager Community and Relationships, Mr Andrew Woodley -
                                   Group Manager Planning and Environment, Mr Wayne Sartori -
                                   Group Manager Infrastructure Waste and Water and Ms Michelle
                                   Preo - Minute Secretary




         1.   Confirmation of Minutes

383/09        RESOLVED on the motion of Crs Britten and Campbell

              That the Minutes of the Ordinary Meeting of 20 October 2009 and the Extraordinary
              Meeting of 27 October 2009, as circulated, be taken as read and confirmed with the
              following amendment to Item 4 of the Governance & Strategy Committee Minutes of 20
              October 2009:-

              Cr Campbell voted against this item.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         2.   Apologies

              There were no apologies.


         3.   Declarations

              There were no declarations.


         4.   Deputations (by prior arrangement)

              There were no addresses to Council.



                                                       PAGE 1
                                           ORDINARY MEETING MINUTES
                                                10 November 2009




         5.   Petitions

              There were no petitions tabled.


         6.   Mayoral Minutes

              There were no Mayoral Minutes.


         7.   Adjournment into Standing Committees

384/09        RESOLVED on the motion of Crs Campbell and Seckold that the Ordinary Meeting of
              the Council be adjourned for the purpose of dealing with staff reports to Standing
              Committees.

2.01 pm       The Ordinary meeting adjourned and formed in the committee, reconvening at 4.22 pm.


         8.   Adoption of reports from Standing Committees

              PLANNING & ENVIRONMENT COMMITTEE


         1.   Confirmation of Minutes

              RECOMMENDATION
              That Council note that the Minutes of the Planning & Environment Committee meeting
              held on 20 October 2009, as circulated, were taken as read and confirmed.

385/09        RESOLVED on the motion of Crs Campbell and Britten that Item 1 of the Planning &
              Environment Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         2.   Apologies

              There were no apologies.




                                                    PAGE 2
                                            ORDINARY MEETING MINUTES
                                                10 November 2009




         3.   Change to Serrated Tussock declaration to Class 3 Noxious
              Weed

              RECOMMENDATION
              That Council apply to the Minister for Industry and Investment, The Hon. Ian McDonald
              MLC, to have Serrated Tussock declared a Class 3 noxious weed.

386/09        RESOLVED on the motion of Crs Campbell and Britten that Item 3 of the Planning &
              Environment Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         4.   Fireweed Management Program

              RECOMMENDATION
              That the proposed Fireweed Management Plan 2009 – 2011 be placed on public
              exhibition for community comment and advertised in local media for a minimum 28
              days, and that following the exhibition period a subsequent report summarising
              community comment be presented to Council in considering the adoption of the revised
              Fireweed Management Plan.

387/09        RESOLVED on the motion of Crs Campbell and Britten that Item 4 of the Planning &
              Environment Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         5.   DA No. 2006.0261: 47 Lot Residential Subdivision – Rawlinson
              Street, Bega

              RECOMMENDATION
              1.     That Development Application 2006.0261 for a staged 47 lot subdivision of
                     Lot 21 DP 1093942 Rawlinson Street, East Street and Lynjohn Drive, Bega be
                     approved subject to the conditions detailed in the draft consent attached to this
                     report.




                                                      PAGE 3
                                            ORDINARY MEETING MINUTES
                                                10 November 2009




              2.     That Council approve the use of Lot 100 DP 847067 Rawlinson Street, Bega for
                     the construction of Council approved sewerage infrastructure associated with
                     the subdivision of the subject land.

              3.     That the applicant be formally advised of the requirement to enter into a suitable
                     licence agreement with Council pursuant to the provisions of the Local
                     Government Act 1993 to effect the required sewer works over Lot 100 DP
                     847067.

              4.     That the General Manager be delegated the authority to negotiate the terms of
                     any subsequent licence over Lot 100 DP 847067 Rawlinson Street for the
                     provision of sewer infrastructure.

              5.     That the General Manager and Mayor be delegated the authority to endorse all
                     necessary documentation relating to the licence.

              6.     That those persons who made a submission during the exhibition of the
                     application be notified of Council’s resolution.

388/09        RESOLVED on the motion of Crs Campbell and Britten that Item 5 of the Planning &
              Environment Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Pincini, Seckold and Wykes

              AGAINST:      Cr Hughes

              ABSENT:       Nil




              GOVERNANCE & STRATEGY COMMITTEE


         1.   Confirmation of Minutes

              RECOMMENDATION
              That Council note that the Minutes of the Governance & Strategy Committee meeting
              held on 20 October 2009, as circulated, were taken as read and confirmed.

389/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 1 of the Governance
              & Strategy Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil




                                                      PAGE 4
                                           ORDINARY MEETING MINUTES
                                               10 November 2009




         2.   Apologies

              There were no apologies.


         3.   “Early Bird” Rates Incentive Scheme

              RECOMMENDATION
              1.   That the Mayor conduct the draw for the prize winners of the rates incentive
                   scheme.

              2.   That prizes be sent by post to the prize winners with an accompanying
                   congratulatory letter.

              3.   That the names of prize winners be included in both Council’s “Community Link”
                   advertisement and website.

390/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 3 of the Governance
              & Strategy Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         4.   Financial Statement (Budget Review) for 30 June 2009

              RECOMMENDATION
              1.   That the Budget Review for 30 June 2009 as submitted on 10 November 2009 be
                   adopted and the votes adjusted by those amounts in the variation column.

              2.   That the attached list of revotes (General Fund $1,794,197; Water Fund
                   $2,600,000; Sewer Fund $1,147,000) representing works in progress at 30 June
                   2009 be endorsed.

              3.   That Councillors consider the matter of annual surplus and revotes at a
                   workshop.

391/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 4 of the Governance
              & Strategy Committee as reported be adopted.




                                                     PAGE 5
                                           ORDINARY MEETING MINUTES
                                                10 November 2009



              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         5.   Financial Reports and Audit report for the year ended 30 June
              2009

              RECOMMENDATION
              1.   That the date for the meeting at which Council proposes to present the financial
                   reports together with the auditor’s report be fixed as the Extraordinary Meeting to
                   be held on 24 November 2009.

              2.   That public notice of the date fixed in accordance with section 418 of the Local
                   Government Act 1993, be given together with a summary of the financial reports
                   in the form required.

392/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 5 of the Governance
              & Strategy Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         6.   Ocean lifeguards

              RECOMMENDATION
              1.   That Council note the provision of ocean lifeguards is in accord with Practice
                   Note No. 15 – Beach Safety.

              2.   That Surf Life Saving NSW be engaged to provide ocean lifeguard services as
                   detailed in their proposal for season 2009/10 and for the fee of $151,146.75.

              3.   That the provision of two lifeguards be included at Bar Beach for the fee of
                   $8,571.00 for the same period, subject to negotiation of hours up to 8.00pm to
                   accommodate out-going tides.

              4.   That the remainder of the surplus funds from the 2008/09 Lifesaver Services vote
                   be divided equally between the three surf life saving clubs.




                                                      PAGE 6
                                           ORDINARY MEETING MINUTES
                                                10 November 2009




393/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 6 of the Governance
              & Strategy Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         7.   First Quarter review of the 2009/2010 Operational Plan

              RECOMMENDATION
              That the first quarter report on the 2009/2010 Management Plan considered at the
              Council meeting of 10 November 2009, on exceptions to currently adopted programs,
              actions and performance targets set by the Operational Plan for the period ending 30
              September be noted.

394/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 7 of the Governance
              & Strategy Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         8.   Integrated Planning and Reporting Framework transitional
              arrangements

              RECOMMENDATION
              That Council nominate to the Department of Premier and Cabinet – Division of Local
              Government, for inclusion in Group 2 - Community Strategic Plan and Delivery
              Program under IPR legislation to be adopted by 30 June 2011.

395/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 8 of the Governance
              & Strategy Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil




                                                     PAGE 7
                                            ORDINARY MEETING MINUTES
                                                 10 November 2009




         9.   Establishment of Shire wide Sporting and Recreation Reserve
              Committee

              RECOMMENDATION
              1.   That the framework for the future management of Sportsgrounds and Recreation
                   Reserves be based on a peak advisory committee, constituted under section 355
                   of the NSW Local Government Act (1993) and individual community facility
                   management committees. The responsibilities of the peak advisory committee
                   and individual community facility committees to be detailed in an ‘Operations
                   Manual’ and Delegations resolved by Council and outlined in Council’s
                   Delegations Manual

              2.   That a report be presented to the next Council Meeting on the terms of reference
                   and operations manual for those Committees.

              3.   That it be noted further reports to be presented to Council and the Sportsgrounds
                   and Recreation Reserves Committee on the proposed recreation strategy and the
                   availability and content of plans of management for those reserves and the
                   condition of assets on those reserves, to assist consideration by the Committee of
                   the relevant priorities recommended through the consultations to date.

              4.   That Council formally advertise for expressions of interest for membership of
                   General Sportsground and Recreation Reserves section 355 Committee to be
                   established for the purpose of recommending priorities to Council and a report
                   presented to Council in relation to the appointment of the membership.

396/09        RESOLVED on the motion of Crs Campbell and Pincini that Item 9 of the Governance
              & Strategy Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:       Nil

              ABSENT:        Nil


         10. General Halls Committee – Funding allocation

              RECOMMENDATION
              That Council adopt the General Halls Committee recommendations regarding
              allocation of $54,600 to hall committees in accordance with the following list:-




                                                       PAGE 8
                                      ORDINARY MEETING MINUTES
                                              10 November 2009




                      Hall                          Project                Agreed

         BEGA                      on hold

         BEMBOKA                   stove                                   $4,000.00

         BERMAGUI                  No bid

         BROGO                     roof                                    $7,500.00

         CANDELO                   grease trap connection & pump           $2,000.00

         COBARGO                   New doors                               $2,000.00

         KIAH                      painting                                $3,000.00

         MURRAH                    Tank, guttering, stove & painting       $4,500.00

         NETHERCOTE                fireplace & paths                       $2,000.00

         PAMBULA                   Re-sand and coat floor                  $2,000.00

         QUAAMA                    restumping                              $4,400.00

         ROCKY HALL                Paint exterior                          $5,400.00

         TANJA                     new main exit doors                     $2,000.00

         TARRAGANDA                Fridge                                   $600.00

         TATHRA                    access & enclosing east & nth face      $3,000.00

         TOWAMBA                   access ramps & paths                    $2,000.00

         TWYFORD                   restumping                              $2,000.00

         WANDELLA                  door repair, line room, vanity basin    $1,760.00

                                   protect front wall & upgrade female
         WOLUMLA                   toilet                                  $4,000.00

         WYNDHAM                   concrete under stage                    $2,500.00

                                                                          $54,600.00

         2009/10 budget                                                   $60,000.00

         surplus                                                           $5,400.00




397/09   RESOLVED on the motion of Crs Campbell and Pincini that Item 10 of the Governance
         & Strategy Committee as reported be adopted.

         IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

         AGAINST:         Nil

         ABSENT:          Nil




                                                       PAGE 9
                                           ORDINARY MEETING MINUTES
                                                10 November 2009




              COMMUNITY & CULTURAL COMMITTEE


         1.   Confirmation of Minutes

              As this was the first meeting of the newly formed Community & Cultural Committee,
              there were no Minutes to confirm.


         2.   Apologies

              There were no apologies.


         3.   Bega Festival 2009 – Request for Sponsorship

              RECOMMENDATION
              That Council endorse the allocation of $1,000 for sponsorship for the Bega Valley
              Festival Committee.

398/09        RESOLVED on the motion of Crs Seckold and Britten that Item 3 of the Community &
              Cultural Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         4.   Bega Valley Shire Council Tertiary Scholarship proposal

              RECOMMENDATION
              1.   That Council establish Youth Tertiary Scholarships for both University (3) and
                   TAFE (4) Students in accordance with the selection criteria and amount detailed
                   in the report.

              2.   That Council consider an annual budget allocation to cover scholarships and
                   administration costs.

399/09        RESOLVED on the motion of Crs Seckold and Britten that Item 4 of the Community &
              Cultural Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


                                                     PAGE 10
                                    ORDINARY MEETING MINUTES
                                          10 November 2009




5.   Review of new Childcare Regulations

     RECOMMENDATION
     1.      That the proposed changes to Council’s Fees and Charges for Bandara
             Children’s Services and Eden Child Care Centre as outlined below be advertised
             for 28 days.

     Program                        Fee                          Change

     Long day care

     Weekly                         $85.00 - $265.00             Increase $5.00

     Daily                          $13.40 – $53.00              Increase $1.00

     Hourly                         $1.35 – $5.30                Increase .10 cents

     Preschool (Daily)

     Aboriginal and                 $7.25                        Decrease $7.25
     Torres Strait Islander

     Low income                     First child $13.50           Decrease $1.00
     (Health care card holder)      Second child $7.25           No change

     Income $45,000 – $61,000       First child $23.00           No change
                                    Second child $11.50

     Income over $61,000            First child $33.00           No change
                                    Second child $16.50

     Occasional care (Hourly)

     Hourly                         $5.30                        Increase .10 cents

     After school care

     Sessional                      Up to $13.25                 Increase .25 cents

     Vacation care

     Hourly                         Up to $5.30                  Increase .10 cents



     2.      That the matter be reported to Council if any submissions are received or
             alternatively if no submissions are received the amended fees become applicable
             as at 1 January 2010.



                                              PAGE 11
                                            ORDINARY MEETING MINUTES
                                                 10 November 2009




              3.   That Council note the proposed staffing increase for Children’s Services.

400/09        RESOLVED on the motion of Crs Seckold and Britten that Item 5 of the Community &
              Cultural Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         6.   Membership of Public Libraries NSW - Country

              RECOMMENDATION
              That Cr Hughes be appointed as Council’s representative to the Public Libraries NSW
              – Country Association.

401/09        RESOLVED on the motion of Crs Seckold and Britten that Item 6 of the Community &
              Cultural Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         7.   Ordos Inner Mongolia relationship

              RECOMMENDATION
              1.   That Council formally contact the appropriate body to enter into discussions in
                   relation to furthering the development of a friendship/sister city relationship with
                   Ordos in Inner Mongolia China.

              2.   That a further report be presented to Council on the opportunity of a delegation to
                   Ordos in 2010.

402/09        RESOLVED on the motion of Crs Seckold and Britten that Item 7 of the Community &
              Cultural Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil




                                                      PAGE 12
                                               ORDINARY MEETING MINUTES
                                                   10 November 2009




         8.   Youth Council Nominations 2009/10

              RECOMMENDATION
              That the following people be appointed to fill vacant positions on the 2009/2010 Youth
              Council:-

                   •    Cara Hay

                   •    Alysha Barnes

                   •    Christian Bond

                   •    Damon Buckley

403/09        RESOLVED on the motion of Crs Seckold and Britten that Item 8 of the Community &
              Cultural Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:         Nil

              ABSENT:          Nil




              ECONOMIC COMMITTEE


         1.   Confirmation of Minutes

              As this was the first meeting of the newly formed Economic Committee there were no
              Minutes to confirm.


         2.   Apologies

              There were no apologies.


         3.   Snug Cove Masterplan and Investment Program

              RECOMMENDATION
              That Council:

              1.       Note the report on the Snug Cove Masterplan and Investment Program;

              2.       Note the potential road investment required to assist freight movements into
                       Snug Cove;


                                                        PAGE 13
                                           ORDINARY MEETING MINUTES
                                                10 November 2009




              3.   Support the grant application prepared for government investment, potentially as
                   applicant if required;

              4.   Support and facilitate meetings with relevant Ministers and agencies to promote
                   the business case for government and promote investment in Snug Cove;

              5.   Thank LPMA staff, Eden Chamber of Commerce and Eden Port Development
                   Committee members for their assistance in preparing the studies and
                   applications; and

              6.   Continue to progress the revision of the Masterplan and preparation of the
                   Investment Prospectus estimated at $50,000.

404/09        RESOLVED on the motion of Crs Britten and Campbell that Item 3 of the Economic
              Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Pincini, Seckold and Wykes

              AGAINST:      Cr Hughes

              ABSENT:       Nil




              INFRASTRUCTURE COMMITTEE


         1.   Confirmation of Minutes

              RECOMMENDATION
              That Council note that the Minutes of the Infrastructure Committee meeting held on 20
              October 2009, as circulated, were taken as read and confirmed.

405/09        RESOLVED on the motion of Crs Pincini and Britten that Item 1 of the Infrastructure
              Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         2.   Apologies

              There were no apologies.




                                                     PAGE 14
                                           ORDINARY MEETING MINUTES
                                                 10 November 2009




         3.   Compulsory Acquisition of Crown Land at Back Creek Road,
              Nethercote – Road Widening

              RECOMMENDATION
              That Council make application to the Governor and/or Minister to compulsorily acquire
              part of Lot 7303 DP 1143551 for road widening purposes. The application to follow the
              provisions of the Roads Act 1993 and procedures set out in the Land Acquisition (Just
              Terms Compensation) Act 1991.

406/09        RESOLVED on the motion of Crs Pincini and Britten that Item 3 of the Infrastructure
              Committee as reported be adopted.

              IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

              AGAINST:      Nil

              ABSENT:       Nil


         9.   Delegates reports

              There were no reports from Councillor delegates.


         10. Rescission/alteration motions

              There were no rescission/alteration motions.


         11. Notices of motion

              There were no Notices of motion.


         12. Urgent business (not elsewhere included)

              There were no items of urgent business.


         13. Questions on notice

              Question No 1 - Cr Campbell asked whether the Plan of Management for Evans Park,
              Kalaru had been prepared and if not, how long it was likely to take?

              The question was taken on notice by the Group Manager Infrastructure Waste and
              Water who has responded to Councillors via memorandum, in summary:-




                                                     PAGE 15
                                  ORDINARY MEETING MINUTES
                                       10 November 2009




    No further progress has been made on the Evans Park sportsground proposal. At this
    stage resources are focused on capital works programs and are unavailable to
    progress the plan of management for Evans Park.

    Please note that given the new Sporting and Recreation Committee Structure and
    Integrated Planning and Reporting requirements, priority must be given to asset
    management plans and plans of management for existing facilities.

    Question No 2 - Cr Campbell asked whether the Engineering Consultants had
    reported on the Tathra Ring road and what steps had been taken to prepare the Report
    on Environmental Factors?

    The question was taken on notice by the Group Manager Infrastructure Waste and
    Water who has responded to Councillors via memorandum, in summary:-

    Consultant reports have not been received and revised and time commitments have
    also not been met. Council officers are continuing to press for completion of the report.
    REF is unable to proceed at this stage pending consultancy completion.

    Question No 4 – Cr Campbell asked what the legality regarding a large sign that has
    been erected at Wapengo Creek in the road reserve and what steps can be taken if it
    has been illegally erected.

    The question was taken on notice by the Group Manager Planning and Environment
    who has responded to Councillors via memorandum, in summary:-

    The sign has been erected on the Tathra-Bermagui road reserve without approval.
    The Group Manager Infrastructure, Waste & Water has issued a works instruction for it
    to be removed.


14. Questions without notice

    Cr Hede asked if Council (as a shareholder) had made any approaches to the
    Southern Phone Company regarding recent reports in the press regarding a proposed
    increase in their Director fees?

    The General Manager advised that he understood the matter was taken up by
    Eurobodalla Shire Council at the recent AGM and unless otherwise directed by
    Councillors, would not make a formal complaint. It was noted that Bega Valley Shire
    Council received a $4,105.10 dividend recently.

    Cr Campbell asked the Group Manager Planning & Environment the following
    questions in regards to the Bega River:-




                                            PAGE 16
                                            ORDINARY MEETING MINUTES
                                                  10 November 2009




            “In recent weeks I have been contacted by residents of Tathra complaining about the
            smell of the Bega River around Black Ada and Hancock Bridge. What is the current
            health of the river in terms of swimming and fishing?

            What are the chances of the river being artificially opened before the summer holiday
            period, given that the water level is unlikely to reach the river opening trigger?

            Has there ever been any excavation of a sea wall at the mouth of the river and whether
            such a wall could prevent the siltation caused by the wave action?

            The questions were taken on notice by the Group Manager of Planning & Environment.


         15. Confidential Business: Adjournment into Closed Session

407/09      RESOLVED on the motion of Crs Britten and Seckold

            1.   That Council resolve to adjourn into Closed Session to discuss Items 4.1 and 4.2
                 of the Closed Session Agenda, on the basis that the reports concern:-

                 10A(2)(c)      information that would, if disclosed, confer a commercial advantage
                                on a person with whom the council is conducting (or proposes to
                                conduct) business.
                 10A(2)(d)      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 Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

            AGAINST:      Nil

            ABSENT:       Nil




                                                       PAGE 17
                                           ORDINARY MEETING MINUTES
                                                10 November 2009




         16. Adoption of reports from Closed Session


             4.1    Merimbula Town Centre

             RECOMMENDATION
             1.    That Council note the acceptance by Mobil of its offer to purchase 27 Market
                   Street, Merimbula, inclusive of modified clauses in the contract enabling either
                   party to rescind should the remediation works or environmental report not be
                   complete to standard by settlement or by extension.

             2.    That the General Manager and Mayor be authorised to execute contract
                   documents.

             3.    That following exchange of contracts, the reports on this matter be declassified.

408/09       RESOLVED on the motion of Crs Britten and Pincini that Item 4.1 of the Closed
             Session meeting as reported be adopted.

             IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Pincini, Seckold and Wykes

             AGAINST:       Nil

             ABSENT:        Nil


             4.2    Use of Sertec office space via lease

             RECOMMENDATION
             That Council formally resolve to enter into a lease with Sertec for Shop 2 Upper Street
             and the Level 1 Training Room at an annual lease of $31,000 to commence on 1
             January 2010 with an option up to five years.

409/09       RESOLVED on the motion of Crs Britten and Pincini that Item 4.2 of the Closed
             Session meeting as reported be adopted.

             IN FAVOUR: Crs Allen, Britten, Campbell, Hede, Hughes, Pincini, Seckold and Wykes

             AGAINST:       Nil

             ABSENT:        Nil


         17. Resolutions to declassify reports considered in closed session

             There were no resolutions to declassify reports considered in previous closed sessions.




                                                     PAGE 18
                                             ORDINARY MEETING MINUTES
                                                    10 November 2009




Closure

   There being no further business, the Chairperson closed the meeting at 4.40
   pm.

   CONFIRMED ...................................................................................................................

                                                                                                        CHAIRPERSON

   Chairperson of the meeting of the Bega Valley Shire Council held on
   at which meeting the signature hereon was subscribed.




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