Ordinary Meeting Minutes

Held on Wednesday, 22 May 2013

at Council Chambers, Bega commencing at 2.00 pm

 


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

General Manager, Mr Peter Tegart

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community and Relationships, Ms Leanne Barnes

Minute Secretary Ms Tamara Whiting

1.

Confirmation of Minutes

59/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the Minutes of the Ordinary Meeting held on 1 May 2013 as circulated, be taken as read and confirmed.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

2.

Apologies

 

There were no apologies.

3.        Declarations

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Item 20.1 Confidential Business Report, Redevelopment Main Street, Merimbula and on the basis that he is a Director & Owner of the land.  A signed declaration form was tabled by Cr Britten for inclusion in the Register.

Cr Britten declared a pecuniary interest regarding Item 20.2 Confidential Business Report, Car park options for development of Palmer Street and Park Street precinct in Merimbula and on the basis that he is a Director & Co owner of a property in the vicinity. A signed declaration form was tabled by Cr Britten for inclusion in the Register.

4.        Deputations (by prior arrangement)

4.1

Deputation by Prior Arrangement

 

The following persons have been granted permission to address Council and to respond to questions from Councillors:

Regarding Sustainability Report No 8.1 Clay Target Shooting Range - Lot 101 DP 1172182, Murray River Road, via Bermagui - Proposed Modification of Condition 4

·         Mr Neville Brady on behalf of Bermagui Field and Game

 

The Mayor thanked the speaker  for his address

The following persons have been granted permission to address Council and to respond to questions from Councillors:

Regarding Notice of Motion item 16.1Hunting in National Parks

·         Mr Richard Barcham

 

The Mayor thanked the speaker for his address

 

4.2

Suspension of Standing Orders

60/13

RESOLVED on the motion of Crs Mawhinney and Seckold

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the following persons to address Council and to respond to questions from Councillors:

Regarding Sustainability Report No 8.1 Clay Target Shooting Range - Lot 101 DP 1172182, Murray River Road, via Bermagui - Proposed Modification of Condition 4

·         Ms Suzanne Foulkes

·         Mr Peter Redmile

RESOLVED on the motion of Crs Britten and Allen

That an extension of time be granted to Ms Suzanne Foulkes to complete her address.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

The Mayor thanked the speaker for her address.

RESOLVED on the motion of Crs Mawhinney and Tapscott

That an extension of time be granted to Mr Peter Redmile to complete his address.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

The Mayor thanked the speaker for his address.

5.        Petitions

 

There were no petitions.

6.        Mayoral Minutes

 

6.1

Referendum - Financial Recognition of Local Government in the Australian Constitution

 

 

 

1.       That Council reaffirm its support for financial recognition of Local Government in the     Australian Constitution.

2.       That council advises the Australian Local Government Association and NSW Local           Government of its resolution.

                                                

7.

Adjournment into Standing Committees

61/13

RESOLVED on the motion of Crs Mawhinney and McBain

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

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

2.39 pm      The Ordinary meeting adjourned and formed in the committee.

8.        Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.

8.1

Clay Target Shooting Range - Lot 101 DP 1172182, Murray River Road, via Bermagui - Proposed Modification of Condition 4

 

 

62/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.          That the matter be deferred to enable advice to be provided in a report to the next practicable meeting on the consequences of deletion of draft condition 12.

2.          That report also provide further advice on the impact of lead shot on the environment, including potential remediation costs and liability.

3.          That report also provide further advice on the impact of noise at distances greater than those assessed in the Acoustic Report.

4.          Further, that the General Manager provide a report to the next practicable meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of the proposed modification of Condition 4 of DA 1999.1438.

5.          That the General Manager’s report include reasons for refusal of the proposed modification in the event that Council ultimately determines to refuse the Section 96 application.

In favour:       Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Cr McBain

 

8.2

Educational Establishment and Reception Establishment, Newtown Road, Bega - Proposed Modification to Condition No. 3

 

 

A motion was moved by Crs Fitzpatrick and Allen

That the Section 96 modification to modify Condition 3 of Development Consent No. 2009.0004 being for an Educational Establishment and Reception Centre at Lot 2 DP 1083308, 187-189 Newtown Road Bega be approved subject to the following:

1. Condition 3 be modified to read –

“3.   a)  The hours of operation are to be:

                 Monday to Friday          (one day only)    7.00am – 12.00 midnight
                 Saturday                                          8.00am – 12.00 midnight
                 Sunday                                             No trading

            Subject to:

·   The noise control measures recommended in the Noise Impact Assessment Report for Thornleigh on Newtown, Newtown Road, Bega prepared by Benbow Environmental Report No. 121051-Rep-Final-Ver 2 February 2013 being implemented, including –

·   The existing on-site carparking area shall be closed from 6.00pm onwards other than for the use of the disabled parking space.

·   Patrons accessing and exiting the building from the front

·   Upgrading of the window glazing

·   PA system not being used between 6.00pm and 7.00am.

2. That all persons who made a submission be advised of Council’s decision.

A foreshadowed motion was moved by Cr Hughes

That the motion remain the same as the staff recommendation.

That the Section 96 modification to modify Condition 3 of Development Consent No. 2009.0004 being for an Educational Establishment and Reception Centre at Lot 2 DP 1083308, 187-189 Newtown Road Bega be approved subject to the following:

1. Condition 3 be modified to read –

“3. a) The hours of operation are to be:

Monday to Friday 7.00am – 6.00pm
Saturday 8.00am – 2.00pm
Sunday No trading

b) Notwithstanding a) above for a 12 month trial period the following additional operating hours will apply.

Monday to Friday – one day only 7.00am to 12.00 midnight
Saturday 8.00am to 12.00 midnight

Subject to:

· The noise control measures recommended in the Noise Impact Assessment Report for Thornleigh on Newtown, Newtown Road, Bega prepared by Benbow Environmental Report No. 121051-Rep-Final-Ver 2 February 2013 being implemented, including –

· The existing on-site carparking area shall be closed from 6.00pm onwards other than for the use of the disabled parking space.

· Patrons accessing and exiting the building from the front

· Upgrading of the window glazing

· PA system not being used between 6.00pm or before 7.00am

· That post commissioning noise attended noise validation and monitoring being carried out to test the effectiveness of the recommended noise control measures.

2. That all persons who made a submission be advised of Council’s decision.

The motion was put to the vote

63/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the Section 96 modification to modify Condition 3 of Development Consent No. 2009.0004 being for an Educational Establishment and Reception Centre at Lot 2 DP 1083308, 187-189 Newtown Road Bega be approved subject to the following:

1. Condition 3 be modified to read –

“3.   a)  The hours of operation are to be:

                 Monday to Friday          (one day only)    7.00am – 12.00 midnight
                 Saturday                                          8.00am – 12.00 midnight
                 Sunday                                             No trading

            Subject to:

·   The noise control measures recommended in the Noise Impact Assessment Report for Thornleigh on Newtown, Newtown Road, Bega prepared by Benbow Environmental Report No. 121051-Rep-Final-Ver 2 February 2013 being implemented, including –

·   The existing on-site carparking area shall be closed from 6.00pm onwards other than for the use of the disabled parking space.

·   Patrons accessing and exiting the building from the front

·   Upgrading of the window glazing

·   PA system not being used between 6.00pm and 7.00am.

2. That all persons who made a submission be advised of Council’s decision.

In favour:       Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Cr Hughes

 

 

8.3

Alterations and Additions to existing medical centre - 77 Merimbula Drive, Merimbula - Request for Modification to Conditions 32 and 33

 

 

64/13

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That the matter be deferred for referral to the applicant to provide hydraulic data to support their request for a reduction in Section 64 charges.

In favour:       Crs McBain, Tapscott, Allen, Fitzpatrick and Britten

Against:           Crs Taylor, Hughes, Seckold and Mawhinney

 

9.        Staff Reports – Community and Relationships (Liveability)

In accordance with Council’s Code of Meeting Practice, Councillor Seckold assumed the chair for this section of the agenda.

 

9.1

Nominations to Community Committees of Council

 

 

65/13

RESOLVED on the motion of Crs Allen and Mawhinney

1.         That nominees to Council’s individual hall and cemetery community committees be appointed as below in the table:

 

 

Bemboka Cemetery Committee

 

Katherine Henderson

 

 

Bermagui Cemetery Committee

 

Rhonda Drakos

 

Cobargo Hall Committee

 

Harvey Michael

Gerry Harvey

Linda Sang

Sheelagh Brunton

Walter Brunton

 

 

Rocky Hall

 

Rhonda Margetts

Michael Harrop

Margaret Harrop

Shirley Douglass

 

 

Pambula Town Hall Committee

 

John Tanner

 

 

Towamba Hall Committee

 

Anne Walker

Amander Moss

Pam Bradford

Paul Boyer

 

 

Tathra Hall Committee

 

Paul Hare

 

 

Murrah Hall Committee

 

Kathy-Anne Fittlock

 

Wandella Hall Committee

 

June Tarlinton

 



 

2.    That Council staff work with volunteers who have nominated to assist with the management of facilities which failed to receive enough nominations to form a committee, and continue facility management with the assistance of these committed volunteers in the community.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

 

9.2

Review of Vacation Care Program Bega

 

 

66/13

RESOLVED on the motion of Crs McBain and Fitzpatrick

1.     That Council maintain its Vacation Care Service at Bega Valley Primary School for the 2013/ 2014 financial year at 20 places.

2.    That Council further advertise and invite other service providers to develop Vacation Care programs within the shire.

3.    That Council allocate funds of $25,000 to support risk management issues identified by Council staff at the current site.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

10.      Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.

 

10.1

Merimbula Airport Draft Masterplan

67/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That the draft Merimbula Airport Masterplan, as amended, be exhibited for 40 days, seeking community, user, agency and carrier comment, for a further report to Council.

2.    That Council note a financial modelling report will be prepared to inform the business plan, having regard to feedback.

3.    That the timing of implementation of any part of this plan is a matter for Council to consider when it is commercially, economically and financially warranted.

In favour:       Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Cr Hughes

 

10.2

Port of Eden Draft Masterplan

68/13

RESOLVED on the motion of Crs Britten and Seckold

1.       That the draft Revised Eden Port Masterplan be exhibited for 40 days, seeking           comment from community and agencies.

2.       That the stakeholder reference group be thanked for their assistance

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Britten

Against:           Cr Fitzpatrick

 

10.3

SCT Lt request for funding for 2013/14 South Coast Regional Tourism marketing campaign

69/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

That council include for consideration in the draft 2013/ 2014 budget the sum of $100,000 for the Destination NSW 2013/14 Demand Funded Marketing Campaign.

In favour:       Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Cr Hughes

 

10.4

2013 Delegation to Nanyang, Henan Province, China

70/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.       That the report be noted and prospects for agreements for cooperation be           advanced

2.       That Council receive a business cooperation delegation from Pingdingshan, and           assign funds for civic reception and preparation of promotional material and gifts.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

11.      Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.

 

11.1

Recreation and Community Access Funding Committee - Committee Nomination

71/13

RESOLVED on the motion of Crs Tapscott and Allen

That due to the matter referring to a personal matter discussion will be deferred to closed session in accordance with Section 10A2(a) of the Local Government Act.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

11.2

Bega Valley Local Traffic Committee Meeting 1 May 2013

72/13

RESOLVED on the motion of Crs Britten and Allen

That Council note the advice of the Bega Valley Local Traffic Committee meeting and site inspection held on 1 May 2013 and approve the following:

Sapphire Coast Drive (Sandy Creek Bridge) – Advance Warning Signs

1.       That Council approve the relocation of the existing 65kmh speed advisory sign, a further 50 metres (approximately) south of its current location on the southern approach to Sandy Creek Bridge. The sign facing is to include Reduce Speed.

2.       That Council approve the installation of Slippery When Wet warning signs for both the northbound and southbound lanes, in the vicinity of Sandy Creek Bridge. The sign location for the southbound lane is to be within close proximity to the southern exit off Sandy Creek Bridge. The sign location for the northbound lane is to be placed at the previous location of the 65kmh speed advisory sign.

3.       That Council approve the application of a Rhyolite reseal, commencing at the southern end of the Sandy Creek Bridge, for a distance of approximately 300 metres southward.

4.       That Council approve the removal of additional roadside vegetation, to allow greater sight distance of advanced warning signs for oncoming traffic.

In favour:       Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Cr Hughes

 

11.3

Purchase of Passenger and Light Commercial Vehicles

73/13

RESOLVED on the motion of Crs Britten and McBain

That Council endorse the current procurement practices for the purchase of passenger and light commercial vehicles and note the significant savings realised as a result of best value and the competitive approach taken.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

11.4

Tender 59/12 Design and Construction of Bega Civic Centre Redevelopment

74/13

RESOLVED on the motion of Crs McBain and Allen

That due to the matter containing commercial in confidence information the matter will be deferred to closed session in accord with Section 10A2(c) of the Local Government Act.

In favour:                   Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen                and Fitzpatrick and Britten

Against:              Nil

 

11.5

Wolumla Public Toilets

75/13

RESOLVED on the motion of Crs Britten and Allen

1.    That Council construct a prefab toilet on Anglican Church land in Wolumla to the amount of $50,000 subject to capital contribution from the Church of $10,000, and provision of the site at no cost and liability to Council.

2.    That Council authorise the GM to execute a licence agreement, with the Church being responsible for maintenance and servicing of the toilet and to be open during daylight hours seven days a week.

3.    That the funding come from Council’s asset replacement reserve.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

4:00pm       The meeting adjourned for a short break.

4:11pm       The meeting resumed.

12.      Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.

 

12.1

2012/2013 March Quarterly Budget Review Statement

76/13

RESOLVED on the motion of Crs Britten and Allen

1.    That Council note and endorse the March 2013 Quarterly Budget Review Statement.

2.    That Council adopt the variances to its operating budget as outlined in the QBRS.

3.    That Council place the QBRS for March 2013 on its website for public information.

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

12.2

Certificate of Investments made under Section 625 of the Local Government Act 1993

77/13

RESOLVED on the motion of Crs Britten and Seckold

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 Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

12.3

Public Exhibition - Integrated Planning and Reporting - Community Strategic Plan

78/13

RESOLVED on the motion of Crs Britten and Seckold

That the proposed amendments to the Community Strategic Plan – Bega Valley 2030 be placed on public exhibition for the period of 23rd May – 19th June 2013.

 

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

4.14 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

79/13

RESOLVED on the motion of Crs Seckold and Hughes

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

In favour:       Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:           Nil

 

14.      Delegates Reports

 

Cr Seckold reported on the South East Regional Academy of Sports (SERAS) Strategic Business Plan 2013 – 2015. The 12th AGM was held on 16 May in Cooma. The SERAS board consist of Executive Director, Garry Lane, Chairperson, Mick Mayhew, Deputy Chairperson, John Handley, Geoff King and Liz Seckold. The academy have a new premises located in the Gym at University of Canberra.

 

Cr Seckold also reported on the South East Arts (S.E Arts)Planning Workshop conducted on 17/ 18/ 19 May at the Oaks, Mossy Point. The S.E Arts General Manager, Andrew Gray met with board and Chair Lindy Hume and Artistic Director Opera Queensland to discuss funding partnerships, brand position, the 2013-2015 Business Plan and 2013/ 2014 board work planning.

The highlight of the weekend was the Regional Touring Price’s Café project. The Price’s Welcome Café , now a Nepalese restaurant was established in the 50’s and 60’s by the Price family. The café is remembered as an icon of reconciliation as it welcomed Aboriginal people to drink milkshakes, eat hamburgers, meet friends and dance to juke box hits. The project came from an idea from South Coast artist Cheryl Davison through her conversation with an Aboriginal Elder.

The exhibition, curated by S.E Arts Andrew Gray and his staff features interviews, archival photographs and a recreated café setting. Text was by leading Australian author, Mark McKenna.

The Café was launched on Friday 17 May in Moruya by Lindy Hume and featured music by Jimmy Little’s grandson, James Henry. Jimmy Little was a regular visitor to Price’s café. This was followed by the launching of Eurobodalla’s Rivers of Art by Councillor Fergus Thompson. Over 250 people were in attendance. This is a Regional exhibition so watch out for it in our Shire.

Another signature project is of national significance for the Snowy Mountains. Earlier this month internationally renowned artist, Anthony Gormley made a three day tour and inspection of the area and spoke to local stake holders and state organisations. Anthony is famous for his larger than life sculptures of the human form.

Our next meeting is in June in Cooma where we will discuss further projects for the five shire. Relevant  Council staff will be invited to meet the board similarly this will be repeated in Bega in August.

Mayor Cr Bill Taylor reported on the recent  Southern Council’s Group meeting held in the Bega Valley. Items discussed included:

-        Local Government Review panels report including county councils in the region

-        GM presentation on NSW Transport Master Plan in relation to the South Coast,  the application for RDAF Eden Port and the Merimbula Airport masterplan.

-        The Hon Gladys Berejiklian Minister for Transport and the Hon Andrew Constance Minister for Aging and Minister of Disabilities addressed the group

-        Fast Rail concept through the south east.

 

15.      Rescission/alteration Motions

There were no Rescission Motions

16.      Notices of Motion

 

16.1

Hunting in National Parks

80/13

RESOLVED on the motion of Crs Seckold and Hughes

NOTICE OF MOTION

That Bega Valley Shire council write to the Premier, the Minister for the Environment and the Member for Bega to request that all national parks, nature reserves and state conservation area in the Bega Valley Shire be protected from amateur hunting due to the increased risk to public safety, the high number of visitors and the importance of nature related tourism to the shire’s economy.

In favour:       Crs McBain, Hughes, Tapscott and Seckold

Against:           Crs Taylor, Mawhinney, Allen, Fitzpatrick and Britten

The motion was LOST

 

17.      Urgent Business

There was no Urgent Business.

18.      Questions On Notice

 There were no Questions on Notice.

19.      Questions for the Next Meeting

Cr Allen requested a report to provide an update on the refurbishment of Cobargo Toilets and the status of the McCarthy House site in relation to provision of toilets.

The question was addressed by the General Manager who advised contracts for the McCarthy House site were scheduled for exchange this week, but will arrange a report as requested

Cr Hughes requested a report regarding previous remediation work at the Bermagui Gun Club including information about effects of potential lead contamination.

The Question was taken on notice by Group Manager Planning and Environment and will be addressed through report to Council at the next practicable meeting, referencing resolution 62/13

Cr Hughes asked a question regarding the cost of an acoustics report in relation to the Gun Club to pay their loan back to Council.

The Question was taken on notice by Group Manager Planning and Environment and will be addressed through report to Council at the next practicable meeting, referencing resolution 63/13

Cr Tapscott asked a question regarding information about siting of the NBN instillation being on Council land being supplied to Councillors.

The question was answered by Group Manager Infrastructure Water and Waste who informed Councillors that a memo has been prepared and will be distributed to Councillors.

Cr Hughes enquired on the status of a report he requested regarding potential impact of non-rating of forestry land.

The General Manager advised information had been sourced and a response will be provided to next meeting

20.      Confidential Business

 

Adjournment Into Closed Session

81/13           RESOLVED on the motion of Crs Mawhinney and Allen

That :

Council resolve to adjourn into Closed Session to discuss the following confidential items:

11.1                    Recreation and Community Access Funding Committee Nomination

          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 (a)personal matters concerning particular individuals (other than councillors)

11.4          Tender 59/12 Design and Construction of Bega Civic Centre Redevelopment

          Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

20.1          Redevelopment Main Street, Merimbula

          Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

20.2          Car park options for development of Palmer Street and Park Street precinct in Merimbula

          Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

2.  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.  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 Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen      and Fitzpatrick

Against:              Nil

Absent:               Cr Britten

At 4:41pm, Council adjourned into Closed Session

At 6:05pm, Council resumed into Open Session

 

11.1

Recreation and Community Access Funding Committee Nomination

82/13

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council adopt the recommendation from the Closed Session

1.    That Council note the report on operations and membership of the Recreation and Community Access Funding Committee.

2.    That Council appoint Nita Quinn to the Recreation and Community Access Funding Committee.

In favour:          Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen      and Fitzpatrick

Against:              Nil

Absent:               Cr Britten

 

11.4

Tender 59/12 Design and Construction of Bega Civic Centre Redevelopment

83/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council adopt the recommendation from the Closed Session

1.    That Council accept the tender from Hines Constructions and Facility Design Group in relation to Contract 59/12 Design and Construction of       the Bega Civic Centre Redevelopment, for the Contract sum of $5,546,233 plus GST subject to variations and provisional sums.

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

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

In favour:                   Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and                        Fitzpatrick

Against:              Cr Hughes

Absent:               Cr Britten

 

20.1

Redevelopment Main Street, Merimbula

84/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council adopt the recommendation from the Closed Session

1.    That Council note this report and consider the options for the development of the Main Street site.

2.    That Council acquire at LV $175,000 lot 949 DP 810986 Main Street, Merimbula and the land be classified as operational land.

3.    That the General Manager and Mayor be authorised to execute required documents .

In favour:       Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Cr Hughes

Absent:            Cr Britten

 

20.2

Carpark Car park options for development of Palmer Street and Park Street precinct in Merimbula

85/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.  The General Manager be authorised to take actions as resolved  in closed session

2.   That a further report be presented to Council on the matter.

In favour:                   Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:              Cr Hughes

Absent:               Cr Britten

                                                                                       

21.      Adoption of reports from Closed Session

RESOLVED on the motion of Crs Allen and Seckold

That Council adopt the reports from Closed Session

In favour:                     Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, and Fitzpatrick

Against:                Nil

Absent:                 Cr Britten

 

22.      Resolutions to declassify reports considered in closed session

Nil

Closure

There being no further business, the Chairperson closed the meeting at 6.10 pm.

 

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 22 May 2013.