1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

147/17

RESOLVED on the motion of Crs Dodds and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 16 August 2017 as circulated, be taken as read and confirmed.

4.1

Request to Address Council 30 August 2017

Three requests to address Council were included in the Agenda for this meeting.

Additional requests were received following publication of the Agenda.

RESOLVED on the motion of Cr Bain and Fitzpatrick

That Council suspend standing orders to hear the following people address Council and respond to any questions from Councillors.

CARRIED Unanimously.

Item 9.1. DA No. 2017.34: Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo

·         Mr Robert Jory

10.1. Bega Valley Regional Gallery redevelopment 

·         Bega Chamber of Commerce: Mr Mal Barnes, authority supplied

Item No 11.3 Licence Renewal Agreements

·         Merimbula Tourism:  Mr Peter Piccione, authority supplied.

·         Eden Tourism:  Mr Robert Sykes, authority supplied.

·         Bermagui Area Chamber of Commerce and Tourism:  Ms Janette Neilson, authority supplied.

·         Bermagui Historical Society:  Ms Marianne Hunter, authority supplied.

·         Bega Valley Meals On Wheels:  Mr David Atkins, authority yet to be supplied.

Item No 13.2  Adoption of additional Fees and Charges 2017-18

·         Ian Dowden on behalf of the U3A Bermagui and District Inc -authority supplied.

·         Michelle Wilkie – regarding fees paid by Tanja School of Arts.

Item 21.1 – Merimbula land matters (Confidential Business)

·         Mr David Jesson has been advised he can address on - Representations by members of the public regarding closure of part of meeting

The Acting Director Planning and Environment advised Mr Jory had withdrawn his address on the basis no other persons had requested to address Council.

Ms Michelle Wilkie was not present in the meeting room at 2.39 pm when called to address the meeting.

RESOLVED on the motion of Crs Tapscott and Seckold

That Mr Robert Sykes be granted an additional two minutes to complete his address.

CARRIED unanimously.

RESOLVED on the motion of Crs Seckold and Fitzpatrick

That Ms Janette Neilson be granted an additional two minutes to complete her address

CARRIED unanimously

RESOLVED on the motion of Crs Seckold and Dodds

That Ms Marianne Hunter be granted an additional two minutes to complete her address

CARRIED unanimously

Ms Michelle Wilkie was not present in the meeting room.

RESOLVED on the motion of Crs Bain and Nadin

That Mr David Jesson be granted an additional two minutes to complete his address

CARRIED unanimously

The Mayor thanked those who addressed Council.

8.

Adjournment into Standing Committees

148/17

RESOLVED on the motion of Crs Dodds and Griff

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

9.1

Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo

149/17

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That Development Application 2017.34 for the erection and operation of an animal boarding establishment on Lot 31 DP 1060526, 15 Mynora Lane Cobargo, be approved subject to the Draft Consent included as Attachment 6.

2.         That those persons who made submissions be advised of Council’s decision.

3.          That an amendment be made to Point 2 of the Draft Conditions to read:  Sunday operation time be review following a 12 month trial period only

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

Against:                  Nil

10.1

Bega Valley Regional Gallery redevelopment

The Chairperson enquired if any new matters had been raised in the Deputation to Council, and noted the amount of correspondence that had been received by herself and to Council on this matter.

The Director Community Relations and Leisure advised that new matters had been raised.  He noted that there were two parts to the recommendation.  The Director suggested to Councillors that an Expression of Interest {EIO} could be submitted including a number of locations or noting that the final location would be determined at a later time.

Following discussion on the timing of submitting the EIO it was.

RESOLVED on the motion of Crs  Tapscott and Seckold

That the matter be determined today.

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

Against:                  Crs Fitzpatrick, Bain and Allen

A motion was moved by Cr Tapscott and Seckold

1.      That Council support an application to the Regional Cultural Fund for the redevelopment of the Bega Valley Regional Gallery.

2.      That Council undertake consultation with the community in relation of various potential sites.

A motion was foreshadowed by Cr Allen

1.    That Council direct staff to scope the proposed redevelopment options for the Bega Valley Regional Gallery at the existing Zingel Place site taking into consideration options of linking to the Bega Valley Commemorative Civic Centre and potentially enclosing the current forecourt area and that a business case for this proposal be developed and presented to Council for consideration.

2.    That further discussion relating to relocation or redevelopment include community consultation and feedback opportunities to gain community support.

An amendment was proposed by Cr Nadin

1.      That Council submit an expression of interest for Round 1 of the Regional Cultural Fund for the redevelopment of the Bega Valley Regional Gallery.

2.      That Council undertake consultation with the community in relation to various potential sites and preparation of a business plan and outline impacts on asset management plans.

The amendment was accepted by Crs Tapscott and Seckold

The motion was put to the vote and it was CARRIED

150/17

RESOLVED on the motion of Crs Tapscott and Seckold

1.      That Council submit an expression of interest for Round 1 of the Regional Cultural Fund for the redevelopment of the Bega Valley Regional Gallery.

2.      That Council undertake consultation with the community in relation to various potential sites and preparation of a business plan and outline impacts on asset management plans.

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

Against:                  Crs Fitzpatrick and Allen

10.2

Community Project Proposals

151/17

RESOLVED on the motion of Crs Bain and McBain

1.      That Council note the report and attached project summary.

2.      That Council note the successful completion of the Sapphire Coast Producers Association’s (Eat the Park) “Civic Centre Rose Bed” project.

3.      That Council provide in-principle support to the Tathra Lions Club for their “Outdoor Exercise Park”, enabling Council officers to continue to work with Tathra Lions to ensure the best value for money outcome is achieved, and that Council fund the requested amount if additional funding for new assets becomes available.

4.      That Council note the proposal and Council officers' advice to proceed with the Gail Ward “Seat for Warrens Walk Eden” project.

5.      That Council provide approval to the Eden Swimming Club for their “Pool Blanket” project with the requested contribution from Council to come from the Aquatics Budget.

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

Against:                  Nil

11.1

Council owned land - Moorhead Street, Eden

152/17

RESOLVED on the motion of Crs Bain and Allen

1.      That Council approve a three (3) year Licence to Aboriginal Evangelical Church Eden for their occupation of Lot 105 DP 247132 at Moorhead Street, Eden for the annual rental fee of $529.10 (including GST), increased annually by CPI.

2.      That Council approve in principle the proposed divestment of Lot 105 DP 247132 at Moorhead Street, Eden to Aboriginal Evangelical Church Eden for the nominal sum of $1.00.

3.      That all costs associated with the planning proposal to reclassify the land to ‘Operational’ in order to effect a transfer of ownership of the land, be borne by the Aboriginal Evangelical Church Eden, with Council officers to work with them to identify any relevant funding that may assist with these costs.

4.      That authority be given to the Mayor and General Manager to execute the Licence Agreement, Deed and transfer documentation.

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

Against:                  Nil

11.2

RFT 04/17 Trade Services Panel

Non-Pecuniary Interest

Cr Tony Allen declared a non-pecuniary interest regarding Item 11.2 RFT 04/17 Trade Services Panel on the basis he owns a business located adjacent to a property mentioned in the report.

Cr Allen tabled a signed declaration form noting he would depart the meeting room, taking no part in debate or voting on this item.

Cr Mitchell Nadin declared a non-pecuniary interest regarding Item 11.2 RFT 04/17 Trade Services Panel on the basis he owns a business located adjacent to a property mentioned in the report.

Cr Nadin tabled a signed declaration form noting he would remain in the meeting room and take part in debate and voting on the matter.

Pecuniary Interest

Cr Robyn Bain declared a pecuniary interest regarding Item 11.2 RFT 04/17 Trade Services Panel on the basis he owns a business located adjacent to a property mentioned in the report.

Cr Bain tabled a signed declaration form noting he would depart the meeting room, taking no part in debate or voting on this item.

Cr Russell Fitzpatrick declared a pecuniary interest regarding Item 11.2 RFT 04/17 Trade Services Panel on the basis he owns a business located adjacent to a property mentioned in the report.

Cr Fitzpatrick tabled a signed declaration form noting he would depart the meeting room, taking no part in debate or voting on this item.

Cr Cathy Griff declared a pecuniary interest regarding Item 11.2 RFT 04/17 Trade Services Panel on the basis he owns a business located adjacent to a property mentioned in the report.

Cr Griff tabled a signed declaration form noting he would depart the meeting room, taking no part in debate or voting on this item.

3.49 pm        Crs Bain, Fitzpatrick, Griff and Allen left the meeting room

RESOLVED on the motion of Crs Tapscott and Seckold

That Council accept the recommendations as outlined in the Confidential attachment.

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

Against:                  Nil

Absent:                    Crs Fitzpatrick, Bain, Griff and Allen

153/17

RESOLVED on the motion of Crs Tapscott and Seckold

That Council accept the recommendations as outlined in the Confidential attachment.

1.      That Council accept all tenders received in relation to the services described in RFT 04/17 for the establishment of a Trade Services Panel.

2.      That authority be delegated to the General Manager and/or Mayor to execute all necessary documentation.

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

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

Against:                  Nil

Absent:                    Crs Fitzpatrick, Bain, Griff and Allen

11.3

Licence Agreement Renewals

Recommendation

A motion was moved by Crs Fitzpatrick and Allen

That in line with Council’s policies and procedures the matter be deferred for further report to the next Council meeting following deputation received on the matters today.

It was  noted that licences would be rolled over until the report to Council is received.

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

Against:                  Nil

12.1

RFT59/17 Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden

RESOLVED on the motion of Crs Bain and McBain

That Council accepts recommendations as outlined in the Confidential Attachment.

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

Against:                  Nil

Absent:                    Cr Nadin

That Council approve the relevant matching contributions required to meet the terms of the Grant Funding Agreement from the Office of Environment and Heritage.

RESOLVED on the motion of Cr Allen and Dodds

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

Against:                  Nil

Absent:                    Cr Nadin

154/17

RESOLVED on the motion of Crs Allen and Dodds

1.      That Council accept the tender from Rhelm Pty Ltd  in relation to contract for the works described in Tender RFT 59/17, in the amount of $200,085 (including GST), subject to variations, provisional sums and prime cost items.

2.      That authority is delegated to the General Manager, or Director Transport and Utilities in the absence of the General Manager, to execute all necessary documentation.

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

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

Against:                  Nil

Absent:                    Cr Nadin

12.2

RFT 54/17 Bridge Upgrades: Yowaka Creek Bridge and Murrabrine Creek Bridge

RESOLVED on the motion of Crs Allen and Bain

That Council accept the recommendations as outlined in the Confidential Attachment.

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

Against:                  Nil

155/17

RESOLVED on the motion of Crs Griff and Bain

1.         That Council accept the tender from Kaufline Investments Pty Ltd Trading as South East Civil and Crane in relation to contract for the works described in Tender 54/17, in the amount of $657,450.20 (including GST), subject to variations, provisional sums and prime cost items.

2.         That Council retain the remaining allocated budget for this project due to the volatile environment to cover any costs incurred by latent conditions.

3.         The authority is delegated to the General Manager or the Director Transport and Utilities in the General Manager's absence to execute all necessary documentation.

4.         The other tenderers be advised of Council’s decision.

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

Against:                  Nil

13.1

Development of a funding program prospectus for Shire and Council projects for the period 2017 to 2020

156/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

That Council note the proposed projects, outlined in the tables below, to be included in the funding Prospectus which will be finalised and published in 2017.

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

Against:                  Nil

13.2

Adoption of additional Fees and Charges 2017-18

RESOLVED on the motion of Crs Allen and Bain

That Standing Orders be suspended to hear a late deputation from Ms Michelle Wilkie – regarding fees paid by Tanja School of Arts.

Ms Wilkie addressed the Council and responded to questions from Councillors, with assistance from the Principal of Tanja School.

The Mayor thanked Ms Wilkie for her address.

Cr McBain asked had any new information been raised in the deputation to Council.

The Director Community Relations and Leisure suggested that the fees relating to School use of Halls and the U3A fees for use of the Bermagui Community Centre be deferred for further report to Council.

RESOLVED on the motion of Crs Nadin and Griff

That the matter be dealt with today.

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

Against:                  Nil

A motion was moved by Crs Nadin and Bain

That the recommendation in the report to Council be adopted.

An amendment was proposed by Cr McBain

That the Bermagui Community Hall Fees and Charges be deferred to be dealt with at the same time as item 11.3 Licence Fee Renewal, deferred to the next Council Meeting.

Cr Allen moved that the motion be put.

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

Against:                  Nil

157/17

RESOLVED on the motion of Crs Nadin and Bain

1.            That Council note the report and attached memorandum.

2.            That Council adopt amended fees for community use of Tanja Hall:

3.    That Council adopt the following fees in regard to Public School Hire of Community Halls:

4.      That Council officers update the fees and charges schedule to reflect the above changes and write to affected parties to notify them of the outcome.

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

Against:                  Nil

13.3

Policy Review

158/17

RESOLVED on the motion of Crs Bain and Griff

1.      That Council endorse the placement of the proposed Policy framework and associated policy documents on public exhibition for a period of 28 business days.

2.      That Council accept submissions from the community for a period of 42 business days.

3.      That Council adopt the proposed framework and policy documents at the end of the public exhibition period providing no submissions are received, or receive a further report to Council should submissions be received.

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

Against:                  Nil

14.1

Investment Reports - June and July 2017

159/17

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.      That Council receive and note the attached report indicating Council’s investment position.

1.      That Council note the Certificate of the Responsible Accounting Officer.

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

Against:                  Nil

15.

Adoption of reports from Standing Committees

The General Manager made a statement regarding the deputation by Mr Jesson and advised she has sought advice from the Office of Local Government and Council is awaiting that advice on the wording and process of adopting items from the Standing Committees as a block resolution.

Recommendation Nadin and Allen

That all motions recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting.

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

Against:                  Nil

18.1

Refugee Welcome Zone forum

Cr Dodds advised she would be amending the motion that appeared in the Agenda for the meeting due to the fact that her attendance at the Refugee Welcome Zone was not resolved on by Council.

160/17

RESOLVED on the motion of Crs Dodds and Griff

That in future years the Refugee Welcome Zone forum, timed to follow the ALGA conference, be included in the report to Councillors for resolution on conferences and forums which councillors may be delegated to attend where expenses incurred by attendance are covered under Council’s Policies and Procedures.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

19.1

Columbo Park Fees - 2017/18

The response that appeared in the Agenda for the meeting of 30 August 2017 was noted.

20.1

Car Parking in Merimbula

Cr Russell Fitzpatrick asked a question regarding parking in Merimbula CBD, would the General Manager and Acting Director of Planning and Environment please advise the level of contributions were paid for carparking spaces in the Merimbula CBD since 1971 and outline what if any other methods of contributions have been provided in the same period such as  the dedication of land in lieu of the provision of carparking spaces?

Could they also provide information relating to the provisions of the appropriate legislation relating to the methods for Council accepting dedication of land in lieu of carparking?

Would Council staff consider appointing an appropriate audit company to carry out an independent review of Council decisions over the last 40 years to put this matter to bed?

The question was taken on notice by the General Manager and Acting Director Planning and Environment to provide a detailed response.  They provided the following summary:

The Acting Director Planning and Environment advised research had been undertaken regarding the number of spaces provided in Merimbula, credits available and parking provided, contributions paid and contributions in lieu of parking since 1971.

He advised Approximately 150 to 155 spaces relate to contribution in in lieu of the provision of parking , with approximately 45-48 spaces being met by dedication of land dedication of land.

The General Manager spoke about previous decisions of Council to waive parking requirements to promote development and the land purchased by and developed by Council using the car parking reserve.

Councillors were advised that the research and audit undertaken by Council staff will be reviewed by an independent Auditor and that report will provided to Councillors

20.2

Voting on Resolution 52 at the AGLA National General Assembly

Cr Russell Fitzpatrick asked a question regarding a motion at the Australian Local Government National General Assembly - Resolution 52 put by Hobart City Council to lobby the Federal Government to change the date of Australia Day.

He asked could Councillors and the community be advise the vote by Bega Valley Shire Council’s delegate.

Cr McBain advised the to her recollection she, as Council’s delegate, voted against the motion on the basis it was not her role, or the role of the Council, to make a decision on this matter without consulting with the relevant Local Aboriginal Land Councils to give appropriate credence to our Memorandum of Understanding with those organisations. 

She also noted the advice provided by an ALGA board member that the matter was not core to ALGA’s business.

She advised that it was this was a very close vote which required a division to confirm the result.

Cr Fitzpatrick thanked the Mayor for her thoughtful consideration and voting on this matter.

20.3

Lease Payments by Destination NSW Southern

Cr Robyn Bain raised the response to a question asked by Cr Nadin question about Destination NSW Southern and the lease rate for the space in the Bega Valley Regional Learning Centre. 

Cr Bain raised the Licence Renewal Report presented today and the amounts charged to the groups who presented to Council and the disparity between these amounts and the that charged to Destination NSW Southern.  She asked for comments about the consistency in policy and process.

The General Manager advised that an Expressions of Interest (EOI) was called against criteria provided by Destination NSW.  She advised Bega Valley Shire Council was one of  two successful  EOIs submitted, and that the rebated rent was included by Bega Valley Shire Council as a way of encouraging the location  of this service in the Bega Valley Shire.  Benefits were identified in this location in relation to the current developments such as Eden Port Development and Merimbula Airport. She noted the arrangement was for a 3 year period only, and that this had already brought local employment opportunities to the area.

She acknowledged that the process regarding rebated rents, driven by Crown lands had highlighted the need to develop consistent process. 

20.4

Consent Conditions Rawson Development Application

Cr Mitchell Nadin asked could staff provide advice regarding the consent conditions on the Rawson Development Application and how this may impact on parking in Merimbula during the Christmas period.

The General Manager advised that Council was aware that due to delays in the construction process parking requirements for the 127 RSL parking spots would not be available as required, Council staff are in discussion with the Developer to look at options for the developer to provide the relevant 127 relevant car parking spaces required and request the required amendment to development conditions which will be reported to Council for consideration.

Cr Bain asked would the negotiations with Mr Rawson require him to provide the full 127 spaces.

The General Manager advised that this would be part of the negotiations.

20.5

Taking of Bonds for development

Cr Sharon Tapscott asked about Council’s previous policy of taking bonds from developers to ensure works were completed and could advice be provided to Councillors on Council’s  current policy.

The question was taken on notice by Director Transport and Utilities.

20.6

Cost of Works in Littleton Gardens

Cr Mitchell Nadin asked could Councillors be provided with the final cost of the works done in Littleton Gardens,  if this information is not already publicly available.

The question was taken on notice by the Director Community Relations on Leisure.

20.7

Public Meeting on Zonings in Merimbula

Cr Mitchell Nadin sked Cr Nadin asked the  General Manager about a public meeting advertised in the paper to be held in Merimbula tonight regarding zoning issues.

The General Manager advised the meeting had been called by Mr Lyons.  She advised she had met with Mr Lyons and his planner yesterday regarding his developments which have been before Council for many years.

She advised the zonings of his lands are a matter under the LEP.  Mr Lyons has had opportunities to present on this matter to the Joint Regional Planning Panel (JRPP) through the Planning Gateway process he decided to pursue and the matter is with the Minister for Planning and that she has further meeting with Mr Lyons again later this week.

The General Manager advised that there is in place a planning  zone the  “Far North Coast E Zone” which applies to land in the North Coast Local Government  areas only . This does not apply elsewhere at this time and if any changes are planned then this would need to be consulted with Councils and local communities.

She advised from her meetings with Mr Lyons that she understands he is under the impression that this also relates to the Bega Valley Shire.  The General Manager advised this is not the case and any matter relating to this would need to come to Council, for consultation with landowners, before any decision would be made by the Minister.

The Acting Director Planning and Environment advised Mr Lyons zoning for Boydtown has been deferred under BVLEP 2013 with the current zoning remaining as zoned under BVLEP 2002. Council has been presented with a number of different masterplans for Boydtown zoning over the years. Boydtown Pty Ltd sought an independent review of the proposed Boydtown zoning by the Joint Regional Planning Panel with the recommendations of the Panel consistent with both the Departments and Council’s position.  Council has prepared a Planning Proposal for the Boydtown land which is consistent with the recommendations of the Joint Regional Planning Panel and advice of the Department of Planning. This Planning Proposal is currently with the Department awaiting Gateway determination..  Once gateway approval is issued  by the Department of Planning the Planning Proposal would be placed on public exhibition  for 28 days and Mr Lyons could make submissions to Council and also present to Council on the matter at that time.

20.8

A Frame Fees

Cr Robyn Bain asked could she be provided with an update on the actions regarding deferment of the A Frame Fees.

The General Manager advised there have been some considerable staff health issues in the relevant section and that the response and information to shop owners would be provided as soon as possible.

20.9

Bike Plan works in Bermagui

Cr Kristy McBain asked about information provided to her by Bermagui Chamber of Commerce regarding works to be undertaken in regard to Bike Plan.  Cr McBain asked as the Masterplan had been revoked by Council why is that work still proceeding.

The Director Transport and Utilities advised that this work was part of the 2016/2017 Development Plan -  Cycleway/Bike Path.  He advised the Bike Path was shown in the Bermagui Masterplan as works that would be undertaken in the CBD area.  He advised that Council had previously met with the then Bermagui Chamber of Commerce where a safety issue was raised.  This safety issue was addressed and the Chamber has been advised.  The bike plan work is due to be be carried out on 7 September as part of deferred works  from 2016/2017on the Cycleway plan.

Cr McBain asked could Senior Staff consider meeting the Bermagui Chamber of Commerce to provide the relevant information to them due to angst in the community that the works should not go ahead

Director Transport and Utilities advised there was also considerable angst in the community regarding the installation of the works being completed, that any meeting may cause a delay with current arrangements with the contractor.

Adjournment Into Closed Session

161/17

RESOLVED on the motion of Crs Allen and Bain

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

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (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.

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) the report contains personnel matters concerning particular individuals.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:                  Crs Griff and Dodds

Pecuniary Interest

Cr Mitchell Nadin declared a pecuniary interest regarding Item 21.1 Merimbula Land Matters on the basis he owns a business located adjacent to a property mentioned in the report.

Cr Nadin tabled a signed declaration form noting he would depart the meeting room, taking no part in debate or voting on this item.

22.1

Closed Session Item 21.1 Merimbula Land Matters

Cr Fitzpatrick and Tapscott

That Council adopt the Resolution of the Closed Session meeting.

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

Against:                  Nil

Absent:                    Crs Nadin

22.2

Closed Session Item 22.2 Organisational Structure

RESOLVED on the motion of Crs  Seckold and Tapscott

That Council note the resolution of the Closed Session and that the information be released following discussions with staff.

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

Against:                  Nil

Absent:                    Crs Nadin and Griff