Held on Wednesday, 12 December 2012
at Council Chambers, Bega commencing at 2.00 pm
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Present Cr Bill Taylor, Mayor Cr Russell Fitzpatrick, Deputy Mayor Cr Tony Allen Cr Michael Britten Cr Keith Hughes Cr Ann Mawhinney Cr Kristy McBain Cr Liz Seckold Cr Sharon Tapscott |
In Attendance Acting General Manager and Group Manager Community and Relationships, Ms Leanne Barnes Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori Acting Group Manager Planning and Environment, Mr Jeff Tipping Minute Secretary, Ms Janelle Curtis |
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434/12 |
RESOLVED on the motion of Crs Allen and Seckold That Standing Orders be suspended to allow Mr David Garcia from IRIS Research to present to Council regarding Agenda Item 12.1: 2012 Community Survey. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Mr Garcia presented to Council and responded to Questions from Councillors |
1. |
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435/12 |
RESOLVED on the motion of Crs Seckold and Fitzpatrick That the Minutes of the Ordinary Meeting held on 21 November 2012 as circulated, be taken as read and confirmed. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
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3. Declarations
Pecuniary Interest
Cr McBain – declared a Pecuniary Interest regarding Item 11.3: Water Supply and Sewer Section 64 Contributions on the basis she is owner of a block subject to S64 charges. A signed declaration form was tabled for inclusion in the Register noting that Cr McBain would depart from the meeting room, taking no part in debate or voting on this item.
Non Pecuniary Interest
Cr Mawhinney declared a non-pecuniary interest regarding Item 9.3: Bega Valley Palliative Care Project, on the basis that she is chair of the Bega Valley Community Cancer Network. A signed declaration form was tabled for inclusion in the Register noting that Cr Mawhinney would remain in the meeting room, but take no part in debate or voting on this item.
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.4: Pambula Sporting Complex, on the basis that he is chair of the Pambula Sporting Complex. A signed declaration form was tabled for inclusion in the Register noting that Cr Fitzpatrick would remain in the meeting room, but take no part in debate or voting on this item.
4. Deputations (by prior arrangement)
There were no deputations.
There were no petitions.
There were no Mayoral Minutes.
7. |
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436/12 |
RESOLVED on the motion of Crs Mawhinney and Seckold That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
2.41 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.
8.1 |
Delegation from Department of Fair Trading of Functions under the Plumbing and Drainage Act 2011 |
437/12 |
RESOLVED on the motion of Crs Allen and Fitzpatrick 1. That Council accept those functions under the Plumbing and Drainage Act identified under the instrument of delegation dated 8 November 2012 from the Acting Commissioner for Fair Trading. 2. That Council authorises the General Manager to exercise the functions of the delegation. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
8.2 |
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438/12 |
RESOLVED on the motion of Crs Hughes and Seckold 1. That Council endorses the nominations of Bilgalera, Kiah and Beermunah Aboriginal Places. 2. That Council provides a letter of endorsement to the Bundian Way Management Committee supporting its nominations to the NSW Office of Environment and Heritage of the three Aboriginal Places. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
In accordance with Council’s Code of Meeting Practice, Councillor Seckold assumed the chair for this section of the agenda.
9.1 |
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439/12 |
RESOLVED on the motion of Crs Britten and McBain 1. That Council note the Social Issues Paper and Cultural Setting Report. 2. That the Social Issues Paper and Cultural Setting Report be published for community comment and consideration in the review of the Community Strategic Plan. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
9.2 |
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440/12 |
RESOLVED on the motion of Crs Fitzpatrick and Britten That the 2013 IWD Grant of $1,000 along with an allocation of $1,000 from Council’s Community Fund budget allocation be awarded to: · Meals on Wheels Plus to coordinate a project to celebrate the contribution of women to the volunteering sector, including a history of Bega Valley organisations that were established by women volunteers. · Southern Women’s Resource Centre to work with “Art on the Line - Letting it all hang out” program and the ‘Sistas Speak Aboriginal Wellbeing’ Program to develop art work for an exhibition at the Spiral Gallery in Bega from 8th– 20th March 2013 In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
9.3 |
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Non Pecuniary Interest Cr Mawhinney declared a non-pecuniary interest regarding Item 9.3: Bega Valley Palliative Care Project, on the basis that she is chair of the Bega Valley Community Cancer Network. A signed declaration form was tabled for inclusion in the Register noting that Cr Mawhinney would remain in the meeting room, but take no part in debate or voting on this item. |
441/12 |
RESOLVED on the motion of Crs Fitzpatrick and Hughes 1. That Council lodge a funding application for the Community Based Palliative Care Program. 2. That Council lobby the NSW Government to provide funding to a level of one full time equivalent position. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Abstained: Cr Mawhinney |
In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.
10.1 |
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442/12 |
RESOLVED on the motion of Crs Britten and Tapscott 1. That Council note the report and proceed to settlement of 25-27 Market Street Merimbula, with the Mayor and General Manager authorised to execute documents and apply Council’s seal 2. That a loan of $1.5m over 5 years be raised for the purpose of acquisition of 25-27 Market Street Merimbula, serviced by Merimbula roads and parking development contributions 3. That a licence to occupy be secured from Mobil and the site be turfed in preparation for the holiday season. 4. That the reports on this matter be declassified after settlement. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
10.2 |
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443/12 |
RESOLVED on the motion of Crs Seckold and Mawhinney 1. That Lot 323 DP 44296 including those minerals not excluded pursuant to section 171 of the Crown Lands Act, be compulsorily acquired for the purpose of the Candelo swimming pool pursuant to Section 168 Local Government Act 1993. 2. That the General Manager be delegated authority to make the application to the Minister for Local Government and/or the Governor for acquisition of the land. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.
11.1 |
Tender 41/12 Bituminous Sealing of Various Roads within Bega Valley Shire |
444/12 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council accept the offer from Downer Australia for Tender RFT 41/12 Bitumen Sealing for the sum of $795,346.97 (including GST) for 2012/13 and schedule rates for 2013/14 subject to provisional sums and variations. 2. That the General Manager be delegated authority to execute the contract documents. 3. That all tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
11.2 |
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445/12 |
RESOLVED on the motion of Crs Britten and Allen 1. That Council award Tender 39/12 for the Supply and/or Delivery of Natural Gravel for 2013 to Guideline South Coast Pty Ltd. 2. That Council further investigate future gravel supplies in the Shire. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
Cr Taylor took the chair for Items 11.3 and 11.4.
11.3 |
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Pecuniary Interest Cr McBain – declared a Pecuniary Interest regarding Item 11.3: Water Supply and Sewer Section 64 Contributions on the basis she is owner of a block subject to S64 charges. A signed declaration form was tabled for inclusion in the Register noting that Cr McBain would depart from the meeting room, taking no part in debate or voting on this item. 2:56 pm Cr McBain left the meeting. |
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A motion was moved by Cr Hughes and Seckold That the current s64 policy position be retained until the matter is fully considered as part of the formal Development Services Plan (DSP) review process scheduled for adoption in mid-2013. Cr Fitzpatrick foreshadowed a motion 1. That subject to receiving legal advice as to Council’s liability to refund, Council refund all S64 charges on single lots that were created prior to the implementation of the 2006 development services plan 2. That lots created prior to the 2006 Development Services Plan (DSP) be exempt from headworks charges if a DA application is received in the future. Cr Allen foreshadowed a motion 1. That Council receive legal advice as to the application of the current headworks policy since April 2009 in relation to its retrospectivity. 2. That Council receive a progress report on 16 January 2013 and a full report on the legal advice in February 2013. 3. That subsequent to legal advice, a report be presented in March 2013 providing a detailed list of properties affected and potential financial impact. The motion was put to the vote and it was LOST In favour: Crs Hughes and Seckold Against: Crs Taylor, Britten, Tapscott, Mawhinney, Allen and Fitzpatrick Absent: Cr McBain A motion was moved by Cr Fitzpatrick and Tapscott 1. That subject to receiving legal advice as to Council’s liability to refund, Council refund all S64 charges on single lots that were created prior to the implementation of the 2006 development services plan 2. That lots created prior to the 2006 Development Services Plan (DSP) be exempt from headworks charges if a DA application is received in the future. The motion was put to the vote and it was LOST In favour: Crs Tapscott and Fitzpatrick Against: Crs Taylor, Britten, Hughes, Seckold, Mawhinney and Allen Absent: Cr McBain A motion was moved by Cr Allen and Britten 1. That Council receive legal advice as to the application of the current headworks policy since April 2009 in relation to its retrospectivity. 2. That Council receive a progress report on 16 January 2013 and a full report on the legal advice in February 2013. 3. That subsequent to legal advice, a report be presented in March 2013 providing a detailed list of properties affected and potential financial impact. The motion was put to the vote and it was CARRIED. In favour: Crs Taylor, Britten, Tapscott, Mawhinney, Allen and Fitzpatrick Against: Crs Hughes and Seckold Absent: Cr McBain |
446/12 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council receive legal advice as to the application of the current headworks policy since April 2009 in relation to its retrospectivity. 2. That Council receive a progress report on 16 January 2013 and a full report on the legal advice in February 2013. 3. That subsequent to legal advice, a report be presented in March 2013 providing a detailed list of properties affected and potential financial impact. In favour: Crs Taylor, Britten, Tapscott, Mawhinney, Allen and Fitzpatrick Against: Crs Hughes and Seckold Absent: Cr McBain |
03:17 pm Cr McBain returned to the meeting
11.4 |
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Non Pecuniary Interest Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.4: Pambula Sporting Complex, on the basis that he is chair of the Pambula Sporting Complex. A signed declaration form was tabled for inclusion in the Register noting that Cr Fitzpatrick would remain in the meeting room, but take no part in debate or voting on this item. |
447/12 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council refer the Pambula Sporting Complex concept plan to the General Sportsground and Recreation Committee for comment and consideration for provisional funding of up to $150,000pa for Complex projects over 2013/14. 2. That Council receive a Facility Management Plan and financial cost analysis for the ongoing costs of maintaining the sporting complex asset once completed, and that report include the value of contributions made by volunteers to the maintenance of the asset. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Allen Against: Nil Abstained: Cr Fitzpatrick |
Cr Fitzpatrick resumed the chair.
11.5 |
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448/12 |
RESOLVED on the motion of Crs Allen and Tapscott 1. That Council note the report on Permit Parking Schemes. 2. That a policy and procedure for the introduction of Permit Parking Schemes is not considered necessary at this time. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
In accordance with Council’s Code of Meeting Practice, Councillor Mahwhinney assumed the chair for this section of the agenda.
12.1 |
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449/12 |
RESOLVED on the motion of Crs Britten and Taylor 1. That Council note the 2012 community survey report and publish the report electronically on the Council’s website and via hardcopy in Council’s libraries. 2. That the results of the 2012 community survey be used in the review of the community strategic plan and associated planning documents. 3. That the Deliberative Survey conducted by IRIS Council be published electronically on Council’s website and via hardcopy in Council’s libraries, when it is received. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
12.2 |
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A motion was moved Crs Britten and Taylor 1. That Council notify the Independent Pricing and Regulatory Tribunal in relation to a s508A special variation application for the period of three years from 2013/14. 2. That should Council proceed in due course with a special rate variation application, the second part of that variation concerning the renewal of the sports and recreation levy be referred to as “assets being for renewal and upgrade”. A motion was foreshadowed by Cr Allen That should Council proceed with a special rate variation it be as detailed below: a). New 2% one-off permanent increase above the 3.4% rate peg in 2014, for renewal of collector roads (defined below). This variation will raise the general rate yield by an estimated $400,000 in 2014 and then be indexed by LGCI on an ongoing capacity. Total increase 5.4%. b) Retained 2.4% one-off permanent increase above rate pegging in 2015 to retain the expiring recreation and access approval, with the options to use this amount for debt servicing or for annual project works in line with the LTFP for recreation asset renewals and upgrades (defined below). This variation will retain the general rate yield at an estimated $507,000 and then be indexed by LGCI on an ongoing capacity. c) New 2% one-off permanent increase above rate pegging in 2016 for infrastructure renewal for public domain areas and buildings (defined below). This variation will raise the general rate yield by an estimated $440,000 and then be indexed by LGCI on an ongoing capacity. The motion was put to the vote and it was CARRIED. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Crs McBain and Tapscott |
450/12 |
RESOLVED on the motion of Crs Britten and Taylor 1. That Council notify the Independent Pricing and Regulatory Tribunal in relation to a s508A special variation application for the period of three years from 2013/14. 2. That should Council proceed in due course with a special rate variation application, the second part of that variation concerning the renewal of the sports and recreation levy be referred to as “assets being for renewal and upgrade”. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Crs McBain and Tapscott |
12.3 |
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451/12 |
RESOLVED on the motion of Crs Taylor and Britten 1. That Council note the Operation Jarek – ICAC investigation report. 2. That Council receive a further presentation and report on updated policy in relation to gifts and benefits, and procurement and stores. 3. That the outcomes from the Council investigation and the recommendations of the Operation Jarek investigation be included in the review of procedures and the Council’s code of conduct in 2013. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
12.4 |
Certificate of Investments made under Section 625 of the Local Government Act 1993 |
452/12 |
RESOLVED on the motion of Crs Fitzpatrick and Britten 1. That the attached report indicating Council’s Investment position be received and noted. 2. That the Certificate of the Responsible Accounting Officer be noted. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
4.02 pm The Ordinary Meeting was reconvened.
13. |
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453/12 |
RESOLVED on the motion of Crs Mawhinney and Seckold That all motions recorded in the Standing Committees, excluding Items 9.3, 11.3 and 11.4, including votes for and against, be adopted in and by the Ordinary Council Meeting In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
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Non Pecuniary Interest Cr Mawhinney declared a non-pecuniary interest regarding Item 9.3: Bega Valley Palliative Care Project, on the basis that she is chair of the Bega Valley Community Cancer Network. A signed declaration form was tabled for inclusion in the Register noting that Cr Mawhinney would remain in the meeting room, but take no part in debate or voting on this item |
454/12 |
RESOLVED on the motion of Crs Seckold and Fitzpatrick That Item 9.3 be adopted in and by the Ordinary Council Meeting as recorded in the standing committee meeting including votes for and against In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Abstained: Cr Mawhinney |
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Pecuniary Interest Cr McBain – declared a Pecuniary Interest regarding Item 11.3: Water Supply and Sewer Section 64 Contributions on the basis she is owner of a block subject to S64 charges. A signed declaration form was tabled for inclusion in the Register noting that Cr McBain would depart from the meeting room, taking no part in debate or voting on this item. Cr McBain departed the meeting room |
455/12 |
RESOLVED on the motion of Crs Britten and Fitzpatrick That Item 11.3 be adopted in and by the Ordinary Council Meeting as recorded in the standing committee meeting including votes for and against. In favour: Crs Taylor, Britten, Tapscott, Mawhinney, Allen and Fitzpatrick Against: Crs Hughes and Seckold Absent: Cr McBain |
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Cr McBain returned to the meeting room Non Pecuniary Interest Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.4: Pambula Sporting Complex, on the basis that he is chair of the Pambula Sporting Complex. A signed declaration form was tabled for inclusion in the Register noting that Cr Fitzpatrick would remain in the meeting room, but take no part in debate or voting on this item. |
456/12 |
RESOLVED on the motion of Crs Britten and Seckold That Item 11.4 be adopted in and by the Ordinary Council Meeting as recorded in the standing committee meeting including votes for and against In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Allen Against: Nil Abstained: Cr Fitzpatrick |
Cr Seckold advised she attending the SERAS Board meeting on Tuesday 27 November 2012 at the SERAS Office, University of Canberra.
The Financial Report and Budget for 2013 were adopted along with the Sports Report. A total of 80 Scholarships were awarded:
10 Individual Athletes
10 Golf
11 Lawn Bowls
13 Netball (15 years)
16 Netball (16-18 years)
15 Snowsports
3 Rising Star Program
2 Netball Umpires
Cr Taylor advised he had attended a meeting where an interim report was presented on the Future of Local Government. Copies of that report have been made available to Councillors and a workshop with Councillors scheduled in January. The final report will go on public exhibition in February.
There were no rescission or alteration motions.
16. Notices of Motion
16.1 |
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457/12 |
RESOLVED on the motion of Crs Allen and Seckold That a public toilet facility be designed up to the budget of $250,000, in accord with the themes proposed in the Littleton Square Masterplan and in consultation with the Bega Chamber of Commerce. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
17. Urgent Business
Cr Fitzpatrick raised a matter for Urgent Business
17.1 |
Recommendations from the Local Traffic Committee Meeting regarding Lake Street Merimbula and Short Point |
458/12 |
RESOLVED on the motion of Crs Fitzpatrick and Britten That the matter of Recommendations from the Local Traffic Committee Meeting regarding Lake Street Merimbula and Short Point be heard as a matter of urgent business as the signs need to be in place prior to Christmas. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
459/12 |
RESOLVED on the motion of Crs Fitzpatrick and Britten That Council note the advice from the Bega Valley Local Traffic Committee Meeting held on 7 December and approve the following: Lake Street, Merimbula – No Stopping ZoneThat Council support the installation of No Stopping Zones on Lake Street, Merimbula in the following locations: 1 On the eastern shoulder of Lake Street, Merimbula commencing at its intersection with Wyeebo Street for a distance of 500 metres south. 2 At the intersection of Lake Street with Bar Beach Road, Merimbula for a distance of 15 metres in both directions along Lake Street and on both sides of Bar Beach Road for a distance of 15 metres from the intersection. Short Point Road, Merimbula - Installation of No Stopping ZoneThat Council support the installation of No Stopping Zones on Short Point Road, Merimbula in the following locations: 1 On the western shoulder of Short Point Road, Merimbula: a) Commencing from the roundabout for a length of 180 metres; and b) Commencing 350 metres north of the roundabout, for a length of 150 metres. 2 On the eastern shoulder of Short Point Road, Merimbula: a) Commencing from the roundabout, for a length of 100 metres; b) Commencing 180 metres north of the roundabout, for a length of 250 metres; and, c) Commencing 480 metres from the roundabout, for a length of 180 metres In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
19. Questions for the Next Meeting
Closure
There being no further business, the Chairperson closed the meeting at 4.20 pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 12 December 2012.