PresentCr Kristy McBain, Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Russell Fitzpatrick Cr Cathy Griff Cr Mitchell Nadin Cr Sharon Tapscott |
In AttendanceGeneral Manager, Ms Leanne Barnes Director, Assets and Operations, Mr Anthony McMahon Director, Community, Environment and Planning, Mr Anthony Basford Director, Business and Governance, Mr Graham Stubbs Executive Manager People and Governance, Ms Nina Churchward Coordinator Communications and Events, Ms Cassandra Margules Minute Secretary, Ms Kelly McDowall |
The Mayor made an announcement about live streaming requirements.
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the Traditional Custodians of the lands and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.
1. |
Apologies |
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2. |
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RESOLVED on the motion of Crs Tapscott and Seckold That the Minutes of the Ordinary Meeting and Closed session held on 1 May 2018 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
Pecuniary Interest
Cr Tapscott declared a pecuniary interest regarding Item 9.2, Application to Modify Development Consent for Merimbula Nominees on the basis that she is part owner of unit situated near the development site. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.
Cr Tapscott will depart the meeting room, taking no part in debate or voting on this item.
Non Pecuniary Interest
Cr Dodds declared a significant non pecuniary interest regarding Item 9.1, Proposed Temporary Helipad on the basis that the site of the proposed helipad is on the property next door to that of her partner, Mr Tony Dean. A signed declaration form was tabled by Cr Dodds for inclusion in the Register.
Cr Dodds will depart the meeting room, taking no part in debate or voting on this item.
Cr Fitzpatrick declared a significant non pecuniary interest regarding Item 12.2, RFT 119/17 Waste Transfer Contract on the basis that he has a business association with the tenderer. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will depart the meeting room, taking no part in debate or voting on this item.
Cr Tapscott declared a significant non pecuniary interest regarding Item 12.4, Sportsground Committee Nominations on the basis that she has a family relationship with one of the applicants. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.
Cr Tapscott will depart the meeting room, taking no part in debate or voting on this item.
Cr Fitzpatrick declared a significant non pecuniary interest regarding Item 12.4, Sportsgrounds Committee Nominations on the basis that he is an appointed member of Pambula Sporting Complex. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will depart the meeting room, taking no part in debate or voting on this item.
4. Deputations (by prior arrangement)
02:04 pm Cr Dodds left the meeting.
Ms O’Clery addressed the Council.
RESOLVED unanimously, with Cr Dodds absent, on the motion of Crs Seckold and Nadin
That Ms O’Clery be given an extension of two minutes to complete her address.
Ms O’Clery responded to questions from Councillors.
The Mayor thanked Ms O’Clery for her address.
Mr Smith addressed the Council.
Mr Smith responded to questions from Councillors.
The Mayor thanked Mr Smith for his address.
02:24 pm Cr Dodds returned to the meeting.
02:25 pm Cr Tapscott left the meeting.
Mr Jesson addressed the Council regarding Item 9.2 DA2008.629 Application to Modify Development Consent for Merimbula Nominees.
RESOLVED on the motion of Crs Fitzpatrick and Nadin.
That Mr Jesson be given an extension of two minutes to complete his address.
In favour: Crs Fitzpatrick, Nadin, McBain and Allen
Against: Crs Bain, Griff, Seckold and Dodds
Absent: Cr Tapscott
The Mayor used her casting vote to grant an extension of 2 minutes.
Mr Jesson addressed Council regarding Item No 10.1, Sale of 142-144 Imlay Street Eden (former Hotel Australasia)
Mr Jesson addressed Council regarding Item No 10.4, Sale of property 103 and 105-107 Main Street Merimbula.
02:34 pm Cr Tapscott returned to the meeting.
Mr Jesson addressed Council regarding Item No 18.1, Merimbula community works by developer
The Mayor thanked Mr Jesson for his addresses.
5. Petitions
There were no petitions.
There was no Mayoral Minute.
There was no urgent business.
8. |
Adjournment into Standing Committees |
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9.1 |
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Cr Dodds declared a significant non pecuniary interest regarding Item 9.1, Proposed temporary helipad on the basis that the site of the proposed helipad is on the property next door to that of my partner, Mr Tony Dean. A signed declaration form was tabled by Cr Dodds for inclusion in the Register. Cr Dodds departed the meeting room, taking no part in debate or voting on this item. 02:36 pm Cr Dodds left the meeting.
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RESOLVED on the motion of Crs Tapscott and SeckoldThat the matter be deferred for further clarification around noise testing and advice regarding similar court case. IN FAVOUR: Crs Fitzpatrick, Bain, Nadin, McBain, Seckold, Tapscott and Allen AGAINST: Cr Griff ABSENT: Cr Dodds |
02:40 pm Cr Dodds returned to the meeting.
9.2 |
Application to Modify Development Consent for Merimbula Nominees |
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Cr Tapscott declared a pecuniary interest regarding Item 9.2, Application to Modify Development Consent for Merimbula Nominees on the basis that she is part owner of a unit situated new the development site. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register. Cr Tapscott departed the meeting room, taking no part in debate or voting on this item. 02:40 pm Cr Tapscott left the meeting. RESOLVED unanimously, with Cr Tapscott absent, on the motion of Crs Fitzpatrick and Nadin The matter be dealt with today.
A motion was moved by Crs Bain and Griff 1. That Condition No. 25 of DA No. 2008.629 be amended to read as follows; “That provision shall be made for the parking of 127 vehicles on within 22 months of the commencement of Stage 1 construction, to satisfy the restriction on title to provide parking for the Merimbula RSL development.” 2. That Council notify those persons who made a submission of the determination
A motion was foreshadowed by Cr Fitzpatrick 1. That Condition No. 25 of DA No. 2008.629 be amended to read as follows; “That provision shall be made for the parking of 127 vehicles on site by 31 October 2018 of the commencement of Stage 1 construction, to satisfy the restriction on title to provide parking for the Merimbula RSL development.” 2. That Council notify those persons who made a submission of the determination
An amendment to the motion by Crs Bain and Griff 1. That Condition No. 25 of DA No. 2008.629 be amended to read as follows; “That provision shall be made for the parking of 127 vehicles on site by Friday 16 November 2018, to satisfy the restriction on title to provide parking for the Merimbula RSL development.” 2. That Council notify those persons who made a submission of the determination
Cr Fitzpatrick withdrew his foreshadowed motion.
It was put to the vote and CARRIED.
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RESOLVED on the motion of Crs Bain and Griff1. That Condition No. 25 of DA No. 2008.629 be amended to read as follows; “That provision shall be made for the parking of 127 vehicles on site by Friday 16 November 2018, to satisfy the restriction on title to provide parking for the Merimbula RSL development.” 2. That Council notify those persons who made a submission of the determination In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott
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02:56 pm Cr Tapscott returned to the meeting.
10.1 |
Sale of 142 - 144 Imlay Street, Eden (former Hotel Australasia) |
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A motion was moved by Crs Tapscott and Seckold The matter be dealt with it today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
RESOLVED on the motion of Crs Tapscott and Griff1. That Council enter into the Contract for Sale and Side Deed with Irisha Pty Ltd and Rubycove Pty Ltd for the sale of Lot 14 DP 250841 at 142-144 Imlay Street, Eden (the former Hotel Australasia). 2. That the General Manager and Mayor be authorised to execute the Contract for Sale and Side Deed, and all related instruments and documents contemplated in the Contract for Sale and Side Deed. 3. That Council authorise the General Manager to complete all other actions as required to implement the matters contemplated in the Contract for Sale and Side Deed. 4. That Council release the contract for sale as a public document as soon as possible In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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10.2 |
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RESOLVED on the motion of Crs Dodds and Seckold That Council adopt the Recommendation from the Councillor Only attachment. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
RESOLVED on the motion of Crs Dodds and SeckoldThat Council appoint the following nominees to Council’s Community Hall Committees as indicated: Quaama Hall Committee: Liam Cowin and Carolyn Bate Rocky Hall Hall Committee: Bruce Reid Tarraganda Hall Committee: Kim Armstrong In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10.3 |
Road Closure - section of Council public road in Jellat Jellat |
RESOLVED on the motion of Crs Fitzpatrick and Griff1. That the report be received and noted. 2. That Council advise the NSW Department of Industry – Crown Lands that the proposed road closure application currently with Crown Lands be terminated, with the applicant to be advised to reapply through Council so consideration can be given to the closing of the non-maintained Council road and sale to the adjacent owner/s, if it is established the road is no longer required for any public purpose. 3. That the General Manager write to NSW Department of Industry – Crown Lands advising Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10.4 |
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RESOLVED on the motion by Crs Fitzpatrick and Bain That the matter be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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RESOLVED on the motion of Crs Fitzpatrick and Bain1. That Council enter into the Contract for Sale with ALDI Foods Pty Limited for the sale of Lot 946 DP 604076 and Lot 949 DP 810986 at 103 & 105 – 107 Main Street, Merimbula. 2. That the General Manager and Mayor be authorised to execute the Contract for Sale and all related instruments and documents contemplated in the Contract for Sale. 3. That Council authorise the General Manager to complete all other actions as required to implement the matters contemplated in the Contract for Sale. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.1 |
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RESOLVED on the motion of Crs Dodds and BainThat Council adopt the following recommendations of the Local Traffic Committee: 183.SE.020 Quaama Walkathon 2018Change of date from 11 May 2018 to 25 May 2018. Recommendation1. That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on Friday,25 May 2018 be approved and deemed a Class 2 Special Event. 2. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW Roads and Maritime Services (RMS) accreditation. 3. That organisers fully implement an approved Special Event Transport Management Plan. 4. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW RMS by name for the event. 5. That organisers have written Police approval prior to conducting the event. 6. That event organiser liaises with public transport operators. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.2 |
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Cr Fitzpatrick declared a non pecuniary interest regarding Item 12.2, RFT 119/17 Waste Transfer Contract on the basis that he is has a business assocation with the tenderer. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item. 03:17 pm Cr Fitzpatrick left the meeting.
RESOLVED on the motion of Crs Bain and Seckold That Council accepts the tender evaluation recommendation as outlined in the Confidential Attachment. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick
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RESOLVED on the motion of Crs Bain and Seckold1. That Council accept the tender from JR Richards & Sons in relation to contract for the works described in schedule of rates Tender RFT 119/17. 2. That authority is delegated to the General Manager to execute all necessary documentation. 3. That the other tenderer be advised of Council’s decision. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick |
03:22 pm Cr Fitzpatrick returned to the meeting.
12.3 |
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RESOLVED on the motion of Crs Allen and FitzpatrickThat the report be noted. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.4 |
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Cr Tapscott declared a significant non pecuniary interest regarding Item 12.4, Sportsground Committee Nominations on the basis that she has a family relationship with one of the applicants. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register. Cr Tapscott departed the meeting room, taking no part in debate or voting on this item. 03:27 pm Cr Tapscott left the meeting.
Cr Fitzpatrick declared a significant non pecuniary interest regarding Item 12.4, Sportsground Committee Nominations on the basis that he is an appointed member of the Pambula Sporting Complex. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item. 03:27 pm Cr Fitzpatrick left the meeting.
A motion was moved by Crs Dodds and Seckold 1. That Council endorse the nominations received from Local Community Sportsground Committees listed in the Confidential Attachment be appointed to the S355 General Sportsgrounds Committee. 2. That Council endorse the nominations listed in the Confidential Attachment for membership of the Pambula Sporting Complex Site Committee. 3. That Council endorse the General Sportsground Committee Guidelines updated to reflect the new Local Sportsground Committees It was put to the vote and LOST. In favour: Crs McBain and Dodds Against: Crs Bain, Nadin, Griff, Seckold and Allen Absent: Crs Fitzpatrick and Tapscott
A motion was foreshadowed by Crs Bain and Allen 1. That Council endorse the nominations received from Local Community Sportsground Committees listed in the Confidential Attachment be appointed to the S355 General Sportsgrounds Committee. 2. That Council not endorse the nominations listed in the Confidential Attachment for membership of the Pambula Sporting Complex Site Committee. 3. That Council seek nominations from the user groups as per the General Sportsground Committee Guidelines. 4. That Council endorse the General Sportsground Committee Guidelines updated to reflect the new Local Sportsground Committees It was put to the vote and CARRIED.
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RESOLVED on the motion of Crs Bain and Allen 1. That Council endorse the nominations received from Local Community Sportsground Committees listed in the Confidential Attachment be appointed to the S355 General Sportsgrounds Committee. 2. That Council not endorse the nominations listed in the Confidential Attachment for membership of the Pambula Sporting Complex Site Committee. 3. That Council seek nominations from the user groups as per the General Sportsground Committee Guidelines. 4. That Council endorse the General Sportsground Committee Guidelines updated to reflect the new Local Sportsground Committees In favour: Crs Bain, Nadin, Griff, Seckold and Allen Against: Crs McBain and Dodds Absent: Crs Fitzpatrick and Tapscott
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04:03 pm Cr Tapscott returned to the meeting.
04:03 pm Cr Fitzpatrick returned to the meeting.
12.5 |
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RESOLVED on the motion of Crs Allen and Griff That Council accepts the tender evaluation recommendation as outlined in the Confidential Attachment. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
RESOLVED on the motion of Crs Allen and Griff1. That Council accept the tender from GPM Constructions Pty Ltd for the works detailed in RFT 15/18 Beauty Point Boat Ramp Construction, in the amount of $169,608 (including GST). 2. That authority is delegated to the General Manager to execute all necessary documentation. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
4.05 pm The Mayor called for a brief adjournment.
4.18 pm The Ordinary Meeting reconvened.
13.1 |
Exhibition of Revised Delivery Program for 2017-2021 and Operational Plan and Budget for 2018-2019 |
RESOLVED on the motion of Crs Tapscott and Seckold1. That the draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018 – 2019, including Council’s Budget, Revenue Policy and all Rates and Annual Charges, be placed on public exhibition for 28 days from 25 May 2018 until 22 June 2018. 2. That the draft Bega Valley Shire Fees and Charges 2018 – 2019 be placed on public exhibition for 28 days from 25 May 2018 until 22 June 2018. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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13.2 |
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RESOLVED on the motion of Crs Dodds and NadinThat Council note the report. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
14.1 |
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RESOLVED on the motion of Crs Nadin and Seckold1. That Council adopt the March 2018 Quarterly Budget Review 2. That Council note movements outlined in the Quarterly Budget Review Statement. 3. That Council does not commit to any further additional expenditure, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
14.2 |
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RESOLVED on the motion of Crs Bain and Seckold1. That Council receive and note the attached reports indicating Council’s investment position as at 31 March 2018. 2. That Council note the certification 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 |
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16.1 |
Canberra Region Joint Organisation Annual Parliament House meeting in Sydney |
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The report published in the Agenda for the meeting of 23 May, 2018 was noted |
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17. Rescission/alteration Motions
There was no rescission/alteration motions.
18.1 |
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A motion was moved by Crs Nadin and McBain That Merimbula Nominees be encouraged by Council, in good faith, to provide a community benefit project in the vicinity of their development. It was put to the vote and LOST |
RESOLVED on the motion of Crs Nadin and McBain That Merimbula Nominees be encouraged by Council , in good faith, to provide a community benefit project in the vicinity of their development. IN FAVOUR: Cr Nadin AGAINST: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen |
18.2 |
Investigation of permissibility of additional option - Lake Street Active Transport project |
RESOLVED on the motion of Crs Nadin and BainNotice of Motion1. That Council staff liaise with the appropriate funding body to ascertain if a further option to build an accessible pathway from Spencer Park to Bar Beach to augment the current walking track would meet funding guidelines. 2. That if this option meets the funding guidelines and is acceptable in the terms of the current signed funding deed that staff also undertake a financial assessment of this option for consideration when the current consultation is reported to Council. 3. That Council staff liaise with the appropriate funding body to investigate if the path can be reduced to a walking path only. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain and Allen Against: Crs Seckold, Tapscott and Dodds
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19.1 |
Cr Nadin - Question regarding Paintback Scheme in the Bega Valley |
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The response published in the Agenda for the meeting of 23 May, 2018 was noted |
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Adjournment Into Closed Session |
68/18 |
RESOLVED on the motion of Crs Bain and Fitzpatrick1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 21.1 Personnel Matter 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). 21.2 Tourism Marketing Services RFT23/18 Reason for Confidentiality That the matter be deferred to Closed Session on the basis that the discussion could, under Section 10A(2) of the Local Government Act 1993 include: (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
The Chairperson advised that the recording of the meeting would cease for the period of the Closed Session of Council.
5.30 pm The Closed session commenced
6.48 pm The Ordinary Meeting was reconvened.
Due to a technical error we were unable to recommence the Live Streaming, however the meeting was opened to the public.
22.1 |
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RESOLVED on the motion of Crs Dodds and Seckold That Council accept the tender from Anthony Osborne for the services detailed in RFT 23/18 Tourism Marketing services, in the amount of $327,800 (including GST) due to the following points: · Intimate understanding of the current destination marketing approach of the Sapphire Coast and needs of local industry stakeholders. • Direct Executive Officer level support for local networks and stakeholders by being specifically located in the Sapphire Coast. Provision of organisational and relationship models and agreements with local stakeholders (e.g. Visitor Information Centres). • Potential leveraging of industry funding models and identification of clear roles and opportunities to deliver regional support and resource through grants and associated management (e.g. Cruise Eden project) 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That the other tenderers be advised of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Tapscott and Dodds Against: Crs Seckold and Allen |
22.2 |
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RESOLVED on the motion of Crs Dodds and Seckold 1. That Council accept the Confidential Memorandum on the General Manager’s Contract of Employment renewal and confirm the reappointment of Ms Leanne Barnes as General Manager of the Bega Valley Shire Council. 2. That Council endorse the execution of a renewed contract for the General Manager for 3 years from 1 January 2019.
In favour: Crs Griff, McBain, Seckold, Tapscott and Dodds Against: Crs Fitzpatrick, Bain, Nadin and Allen |
There were no reports to declassify.
There being no further business, the Chairperson closed the meeting at 6.51 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 23 May 2018.