MINUTES OF THE ORDINARY MEETING OF EUROBODALLA SHIRE ... · MINUTES OF THE ORDINARY MEETING OF...

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This is Page No. 1 of the Minutes of the Ordinary Council Meeting held on 27 August 2013 ________________________ CHAIRPERSON MINUTES OF THE ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 27 AUGUST 2013 COMMENCING AT 10.00 AM PRESENT: Councillor Lindsay Brown, Mayor (in the Chair) Councillors Danielle Brice, Neil Burnside, Gabi Harding, Liz Innes, Milton Leslight, Rob Pollock OAM, Peter Schwarz and Fergus Thomson Staff: Dr Catherine Dale, General Manager Mr Lindsay Usher, Director, Planning and Sustainability Services Mr Warren Sharpe, Director, Infrastructure Services Ms Kathy Arthur, Divisional Manager, Community, Arts and Recreation Mr Pat Dunn, Financial Accountant Mrs C Hodges, Minute Secretary The Mayor welcomed everyone to the meeting and advised of the Evacuation Procedure. APOLOGIES AND LEAVE OF ABSENCE Nil

Transcript of MINUTES OF THE ORDINARY MEETING OF EUROBODALLA SHIRE ... · MINUTES OF THE ORDINARY MEETING OF...

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This is Page No. 1 of the Minutes of the Ordinary Council Meeting

held on 27 August 2013

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MINUTES OF THE ORDINARY MEETING OF

EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 27 AUGUST 2013

COMMENCING AT 10.00 AM

PRESENT: Councillor Lindsay Brown, Mayor (in the Chair) Councillors Danielle Brice, Neil Burnside, Gabi Harding, Liz Innes, Milton Leslight, Rob Pollock OAM, Peter Schwarz and Fergus Thomson

Staff: Dr Catherine Dale, General Manager Mr Lindsay Usher, Director, Planning and Sustainability Services Mr Warren Sharpe, Director, Infrastructure Services Ms Kathy Arthur, Divisional Manager, Community, Arts and Recreation Mr Pat Dunn, Financial Accountant Mrs C Hodges, Minute Secretary The Mayor welcomed everyone to the meeting and advised of the Evacuation Procedure. APOLOGIES AND LEAVE OF ABSENCE Nil

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QUESTIONS FROM THE PUBLIC GALLERY (Agenda Items Only) (Minutes of Questions from the Public Gallery are a summary only and do not purport to be a complete transcript of the proceedings.) PF13/24 E13.7042; E09.3157; E00.4494 Mr David Lambert addressed Council in regard to items O13/144 Coastal Wattle Management – Long Beach. A copy of Mr Lambert’s submission is available on Council’s website. PF13/25 E13.7042; E09.3157; E00.4494 Ms Alison Baird addressed Council in regard to items O13/144 Coastal Wattle Management – Long Beach. A copy of Ms Baird’s submission is available on Council’s website.

MINUTE NO 13/240 CONFIRMATION OF MINUTES 13/240 MOTION Councillor Harding/Councillor Thomson THAT the minutes of the Ordinary Council Meeting held on 23 July 2013 be confirmed. (The Motion on being put was declared CARRIED.) DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA Nil

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MINUTE NO 13/241

SUSPENSION OF STANDING ORDERS E09.3157; E00.4494; E06.0470 13/241 MOTION Councillor Pollock/Councillor Thomson THAT Council suspend standing orders to bring forward items O13/143 Broulee Biodiversity Certification Strategy and O13/144 Coastal Wattle Management – Long Beach.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/242 O13/143 BROULEE BIODIVERSITY CERTIFICATION STRATEGY E06.0470 13/242 MOTION Councillor Pollock/Councillor Leslight THAT: 1. Council receive and note:

(a) The report titled Broulee Biodiversity Certification Strategy, (b) Broulee Biodiversity Certification Strategy Submissions Report and Summary of

Options attachment, to fund and service management obligations that may result from any conferral of Biodiversity Certification.

2. Council adopt the recommended amendments to the Broulee Biodiversity Certification

Strategy outlined in the Broulee Biodiversity Certification Strategy Submissions Report attachment.

3. Council adopt the conservation measure to be applied in the Broulee Biodiversity

Certification Strategy as a Biobanking Agreement (permanently managed and funded conservation measure).

4. Council commence negotiations to enter into a Biodiversity Certification Agreement in

consultation with landholders of the development area as defined in the Broulee Biodiversity Certification Strategy to facilitate staging of development and contributions

5. The amended Broulee Biodiversity Certification Strategy together with supporting

documents relating to costs and contributions be exhibited for 21 days. 6. Following the exhibition period of the Broulee Biodiversity Certification Strategy a

report to come back to Council. (The Motion on being put was declared CARRIED.) Division: Councillors Thomson, Innes, Brice, Burnside, Pollock and Brown voted for the Motion. Councillors Schwarz, Harding and Leslight voted against the Motion.

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MINUTE NO 13/243 O13/144 COASTAL WATTLE MANAGEMENT - LONG BEACH E09.3157: E00.4494 13/243 MOTION Councillor Pollock/Councillor Burnside THAT Council endorse the acceptance of the funding offer of $52,692 from NSW Environment Trust to implement the Long Beach Coastal Wattle Management project. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/244 O13/129 SOUTH EAST REGIONAL ORGANISATION OF COUNCILS (SEROC) END OF TERM REPORT E10.4139 13/244 MOTION Councillor Thomson/Councillor Pollock THAT: 1. Council note the South East Regional Organisation of Councils (SEROC) End of Term

Report;

2. Council advise SEROC of its ongoing commitment to membership in accordance with the current Board Resolution as detailed in the above report.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/245 O13/130 INVESTMENTS MADE AS AT 31 JULY 2013 E99.3517 13/245 MOTION Councillor Thomson/Councillor Pollock THAT the certification that the investments as at 31 July 2013 have been made in accordance with the Act, the Regulations and Council's investment policies, in accordance with the provision of Clause 1 (Reg 212) of the Local Government (General) Regulation 2005, be received. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/246 O13/131 ADOPTION OF POLICIES E13.7095 13/246 MOTION Councillor Brice/Councillor Harding THAT Council adopt the following policies: 1. Debt Recovery 2. Development Contributions – Request for Refund 3. Fraud Control 4. Gathering Information on Risk Management 5. Gifts and Benefits 6. Interest Free Advances to Sporting and Cultural Organisations 7. Land Investment 8. Pricing 9. Privacy and Information Protection 10. Public Interest Disclosure Internal Reporting 11. Risk Management 12. Signs as Remote Supervision 13. Extinguishment of Easements 14. Library Services 15. Public Art 16. National Clean Up Australia Day 17. Street Activities 18. Waste Minimisation 19. Cemeteries Management 20. Local and Regional Roads Risk Management 21. Naming of Parks, Reserves, Sports Fields and Public Pathways 22. Parks, Playgrounds and Reserves Risk Management 23. Pathway Risk Management 24. Roads Naming (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/247 O13/132 REPEAL OF POLICIES E13.7095 13/247 MOTION Councillor Thomson/Councillor Brice THAT Council repeal the following policies: 1. Alternative Disputes Resolution 2. Community Transport 3. Fees for Licences Granted to Not for Profit Groups and Organisations 4. Hiring of Premises – Touring Markets 5. Dealing with Water Quality Complaints 6. Recycling Metals at the Waste Management Facilities 7. Landfill Waste General (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/248 O13/133 ANNUAL BULK MATERIALS SUPPLY STANDING OFFERS E99.3060 13/248 MOTION Councillor Thomson/Councillor Brice THAT Council endorse the entering into of Standing Offer arrangements with tenderers in accordance with the rankings listed in the Councillors’ Attachment to Report O13/133 Annual Bulk Materials Supply Standing Offers. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/249 O13/134 EASEMENTS FOR ELECTRICITY AND ACCESS – TOMAKIN SEWAGE TREATMENT

WORKS E13.7205 13/249 MOTION Councillor Thomson/Councillor Brice THAT: 1. Easements for Electricity Supply and Access be granted in favour of Essential Energy

within Lot 5 DP 264630.

2. All costs associated with the creation of the easements for electricity supply and access be borne by Council.

3. Consent be given to affix the Common Seal of Council to the Plan of Easement over Lot

5 DP 264630. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/250 O13/135 EMERGENCY SERVICES EXPO, CORRIGANS BEACH RESERVE E13.6100 13/250 MOTION Councillor Brice/Councillor Pollock THAT: 1. Council as Trust Manager for the Eurobodalla (North) Reserve Trust grant a five-year

licence, in accordance with Sections 102 and 103 of the Crown Lands Act 1989, to Fire & Rescue NSW to conduct the Emergency Services Expo annually on Easter Sunday within Crown Reserve R66122 at Corrigans Beach, Batehaven commencing 20 April 2014 and terminating 19 April 2019 subject to conditions including:

(a) The consent of the Minister administering the Crown Lands Act.

(b) Payment of a licence fee based on the minimum statutory fee charged by the Crown Lands Division for licences over Crown land, currently $490.60 per year inclusive of GST.

2. A donation in the amount of the fees for the use of Corrigans Beach Reserve be made to Fire & Rescue NSW.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/251 O13/136 EUROBODALLA EMERGENCY AND COMMUNITY SERVICES FIELD DAY RIVERSIDE PARK, MORUYA E12.6123 13/251 MOTION Councillor Brice/Councillor Harding THAT: 1. Council as Trust Manager for the Eurobodalla (Central) Reserve Trust grant a

temporary licence, in accordance with Section 108 of the Crown Lands Act 1989, to Careflight to conduct the Eurobodalla Emergency and Community Services Field Day on 28 September 2013 within Crown Reserve R82377 at Riverside Park, Moruya with a licence fee based on the minimum statutory fee charged by the Crown Lands Division for licences over Crown land, currently $490.60 per year inclusive of GST.

2. Star pickets, barrier mesh and other appropriate barricades associated with this event

together with the provision of additional garbage bins be provided by Council at no charge.

3. A donation in the amount of the fees for the use of the Moruya Riverside Park be

made to Careflight. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/252 O13/137 EXTENSION OF CARETAKER’S AGREEMENT FOR MANAGEMENT OF THE NORTH

HEAD CAMP GROUND 80.0159 13/252 MOTION Councillor Burnside/Councillor Schwarz THAT the caretaking agreement for the North Head Primitive Camp Ground be extended until 30 June 2014 on the same terms and conditions as the current agreement. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/253 O13/138 LICENCE FOR FUNDRAISING BARBEQUES - NORTH NAROOMA E07.1581 13/253 MOTION Councillor Pollock/Councillor Burnside THAT: 1. Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a temporary

licence, in accordance with Section 108 of the Crown Lands Act 1989, to Marine Rescue NSW to operate a food van within Crown Reserves R52679 and R79308 for the period 1 September 2013 to 30 April 2014 inclusive with a licence fee of $488.40 including GST.

2. A donation in the amount of $488.40 be made to Marine Rescue NSW in accordance

with the “Fees for Licences Granted to Not-for-Profit Groups or Organisations” Policy. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/254 O13/139 LICENCE FOR MARKETS - NAROOMA 80.0926.D 13/254 MOTION Councillor Pollock/Councillor Burnside THAT Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a five-year licence to Rotary Club of Narooma Inc. to conduct markets on Crown reserve R63051 Narooma subject to: 1. Consent from the Minister administering the Crown Lands Act. 2. The licence to commence on 12 November 2013 and expire on 11 November 2018. 3. An annual licence fee in accordance with Council’s adopted fees and charges for the use

of reserves for markets by voluntary service clubs. 4. Provision of $20 million public liability in accordance with Council’s policy. 5. Other conditions of the existing licence to remain. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/255 O13/140 LICENCE - TUROSS VILLAGE FAIR E07.1162; E07.1580 13/255 MOTION Councillor Pollock/Councillor Brice THAT: 1. In accordance with Section 47A of the Local Government Act 1993 public notice be

given of Council’s intention to grant a five-year licence to Marine Rescue Tuross to conduct the Tuross Village Fair within Lot 5 DP 247287 Evans Road, Tuross Head on the Labour Day Holiday in October each year.

2. Subject to no objections being received, a licence be granted to Marine Rescue NSW to

conduct the Tuross Village Fair within Lot 5 DP 247287 Evans Road, Tuross Head on the Labour Day Holiday in October each year commencing 1 October 2013 and terminating 30 September 2018 with terms and conditions including:

(a) Provision of a certificate of currency for public liability insurance in the amount

of $20 million. (b) Payment of a fee in accordance with Council’s adopted fees and charges for the

use of Council reserves for markets by voluntary rescue/emergency services. (c) The area occupied being left clean and tidy.

3. If any objections are received a further report be presented to Council for consideration.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/256 13/256 MOTION Councillor Thomson/Councillor Burnside THAT the Ordinary meeting of Council be adjourned for morning tea. (The Motion on being put was declared CARRIED.) At 11.04am the Mayor adjourned the Ordinary meeting of Council. At 11.27am the Mayor reconvened the Ordinary meeting of Council.

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MINUTE NO 13/257 O13/141 MORUYA SURF CLUB 89.2332.D 13/257 MOTION Councillor Pollock/Councillor Harding THAT: 1. Council as Trust Manager for the Eurobodalla (Central) Reserve Trust consent to the

granting of a twelve month licence, in accordance with Section 108 of the Crown Lands Act 1989, to the Moruya Surf Life Saving Club Inc. to use the clubhouse within Crown Reserve 75351 for Surf Club related activities with conditions including: (a) A fee in line with the Crown Lands Statutory minimum, currently $442.00 plus GST

(b) Termination of the licence and granting of a 25-year lease being granted once the stage 1 works have been completed.

(c) Consent to be given to the Club to proceed with construction subject to the Club holding sufficient funds to complete the proposed works, in stages approved by the licensee and holding appropriate construction insurance cover.

2. Subject to completion of the proposed stage 1 works and consent given by the Minister administering the Crown Lands Act 1989 Council as Trust Manager for the Eurobodalla (Central) Reserve Trust grant a 25-year lease to the Moruya Surf Life Saving Club Inc. over the refurbished clubhouse subject to terms and condition contained in the standard Crown Lands lease document with special conditions including: (a) Rent to be in line with the Crown Lands statutory minimum fee;

(b) All maintenance of the building is the responsibility of the lessee;

(c) Provision for a rent review to market for any sub-lease or additional Club activity of a commercial nature.

3. Consent be given to affix the Common Seal of Council to the Lease to the Moruya Surf Life Saving Club Inc.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/258 O13/142 SALE OF COUNCIL LAND - NAROOMA 03.7815; 81.1169.D 13/258 MOTION Councillor Burnside/Councillor Pollock THAT: 1. Lot 4 DP 5888769 be sold to the registered proprietor of Lot 1 DP 588769 for the

amount set out in the Councillors’ Attachment to report O13/142 Sale of Council Land – Narooma subject to:

(a) Consolidation of Lots 1 and 4 DP 588769;

(b) All costs associated with the consolidation being borne by the registered

proprietor of Lot 1 DP 588769.

2. Consent be given to affix the Common Seal of Council to the plan of consolidation of Lots 1 and 4 DP 588769.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/259 O13/ 145 HANGING ROCK MASTER PLAN AND BUSINESS PLAN E10.4480 13/259 MOTION Councillor Pollock/Councillor Leslight THAT Council: 1. Receive and note the report titled Hanging Rock Master Plan and Business Plan and

associated attachment. 2. Proceed with an amendment to the Hanging Rock Plan of Management to reflect

Council’s endorsed concept plan for the site as adjusted for detailed survey and design. 3. As part of the September financial review Council consider funding for a temporary

project manager to oversight preparation of tender documents and calling of tenders for the preparation of detailed architectural plans, estimates of cost and business plans for stages 1 & 2 of option 2 – no arts model, which includes the following components:

(a) Stage 1 Outdoor Sport Fields and Tennis Centre – realign sports fields to new

configurations, new access and carparking and re-instate remote control car areas. New tennis courts, tennis club rooms, access and carparking.

(b) Stage 2 New Indoor Aquatic Leisure Facilities – leisure pool, new program pool,

spa and sauna, 25 metre pool, health and fitness, wellness/retail, multi-purpose/community rooms associated amenities and support facilities, village green and partial carparking.

4. Council consider funding for the completion of detailed architectural plans in the

2014/15 operations plan based on the tenders received to develop this project to a shovel ready state.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/260 O13/146 NSW COASTAL CONFERENCE 2013 E09.3154 13/260 MOTION Councillor Pollock/Councillor Leslight THAT Council: 1. Council nominate Councillors Rob Pollock OAM, Milton Leslight and Liz Innes to attend

the NSW Coastal Conference; 2. Council’s delegates be reimbursed out of pocket expenses in accordance with Council’s

policy; 3. A delegate’s report be forwarded to Council following the conference. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/261 O13/147 ORGANISATION SERVICE REVIEW E13.7262 13/261 MOTION Councillor Pollock/Councillor Harding THAT: 1. Council endorse the completion of the following service reviews as Round 1:

(a) Visitor Information Centres; (b) Libraries; and (c) Swimming Pools

2. Council undertake the remaining service reviews at the completion of the Round 1

service reviews, in order as identified in the prioritisation list of services as contained in the confidential attachment.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/262 O13/148 RURAL LANDS ISSUES PAPER SUBMISSIONS E12.6254 13/262 MOTION Councillor Pollock/Councillor Burnside THAT Council: 1. Note the report titled Rural Lands Issues Paper Submissions and associated

attachments.

2. Thank all who made a submission for their contribution to the development of the Rural Lands Strategy.

3. Issue a media release to inform the community about the status of the project and future stages.

4. Invite the Chairman of the Committee examining the Rural Lands Strategy to make a presentation to Council on its current status with a view to outlining where there has been agreement, where he sees existing points of contention, including his observations regarding environmental zoning, and the way forward regarding these.

5. Invite Mr Brett Whitworth from the Department of Planning to address Council.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/263 O13/149 FUNDING OFFER - 2013-2014 ROAD SAFETY AND TRAFFIC MANAGEMENT

PROGRAM E89.2065 13/263 MOTION Councillor Brice/Councillor Pollock THAT: 1. Council endorse the actions of staff in accepting the offers of funding from Roads and

Maritime Services 2013-2014 for: (a) $1,179,755 for RMS contribution towards the Princes Highway/Bluewater Drive

roundabout at Narooma; (b) $25,000 for the installation of a shared path along the Princes Highway (Campbell

Street), Moruya; (c) $90,000 for the installation of a shared path along Grant Street, Broulee between

Heath Street and Massey Street; (d) $15,000 for the installation of a shared path along Durras Lake Road, South Durras; (e) $10,000 for the design of a pedestrian refuge on Princes Highway, Bodalla (near

intersection with Sutcliffe Street); (f) $20,000 for the design and construction of a children’s crossing with pathway in

Church Street, Moruya. 2. A media release be issued highlighting the significant grant funds achieved and

acknowledging the assistance of the NSW Roads & Maritime Services in the delivery of key infrastructure projects to aid in improving traffic efficiency, road safety and facilities for pedestrians and cyclists.

(The Motion on being put was declared CARRIED.)

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MINUTE NO 13/264 O13/150 TENDERS FOR CULVERT REPLACEMENT RIVER ROAD NELLIGEN E12.6366 13/264 MOTION Councillor Innes/Councillor Burnside THAT the tender from RJ and PJ Smith Pty Ltd for culvert replacement, River Road, Nelligen, be accepted. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/265 O13/151 TENDERS FOR SUPPLY AND LAY ASPHALT NAROOMA ROUNDABOUT E12.6360.P 13/265 MOTION Councillor Burnside/Councillor Leslight THAT the tender from Downer EDI for supply and lay asphalt, Narooma Roundabout be accepted. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/266 O13/152 TUROSS HEAD BOAT RAMP E03.7266; E12.6345 13/266 MOTION Councillor Brice/Councillor Schwarz THAT: 1. The Tuross Head Boat Ramp Investigation Report prepared by Royal HaskoningDHV be

exhibited for a period of 28 days and include:

(a) a story in Council’s on-line news; (b) an advertisement in the local newspaper; (c) a story in the Tuross Giant; (d) identification of the exhibition of the report within the Mayor’s column; (e) writing directly to the Tuross Head Business Owners Association, the Tuross Head

Progress Association, the Tuross Head Lakes Preservation Group, the Tuross Head fishing club, fishing tackle shops across the Shire, Tuross Marine Rescue and people who have previously made submissions to Council;

(f) placing the report on Council’s website; and (g) providing a hardcopy for viewing at Council’s libraries and Administration Centre.

2. A further report be brought back to Council on the outcomes of the public consultation. (The Motion on being put was declared CARRIED.)

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MINUTE NO 13/267 O13/153 YEAR END BUDGET REVIEW FOR THE YEAR ENDED 30 JUNE 2013 E05.9535 13/267 MOTION Councillor Pollock/Councillor Schwarz THAT: 1. The year-end budget review report for 30 June 2013 be received and noted.

2. Carry forward/revotes of funds from June 2012/13 into 2013/14 of General and

Environment Fund $1,414,686, Waste Fund $167,000, Water Fund $(81,000), and Sewer Fund $846,000.

3. An infrastructure renewal restricted fund be considered as part of the 2014/15 forward budgeting process.

(The Motion on being put was declared CARRIED.)

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QUESTIONS/URGENT BUSINESS (Minutes of Questions/Urgent Business from Councillors are a summary only and do not purport to be a complete transcript of the proceedings.) QN13/27 E13.7041; E93.5655 Councillor Brice said she had received complaints about the number of election posters, especially in Bodalla. Councillor Thomson advised that when he came through Bodalla today, many of the posters had been removed. Councillor Pollock advised that under Federal election law, they were legal during the election period.

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QUESTIONS/URGENT BUSINESS (Minutes of Questions/Urgent Business from Councillors are a summary only and do not purport to be a complete transcript of the proceedings.) QN13/28 E13.7041; E13.7122 Councillor Schwarz asked the Mayor what commitment he had made concerning Council matching funding for the Moruya Airport upgrade project announced yesterday by the Member for Eden Monaro, the Hon Dr Mike Kelly AM MP, given that this year’s capital works budget does not contain $658,000. Where is this money coming from, why were Councillors not advised of this pending announcement, and has a matching commitment been obtained from the Liberal candidate Mr Peter Hendy? Director Infrastructure Services advised he would take the funding question on notice. His understanding was that the RDA application proposed that Council’s contribution would be in kind work for water and sewer. The Mayor said that in respect to the question of why Councillors were not advised of the announcement by Dr Kelly, he only received advice at about 9.30am that an announcement would be made at the airport at 10.30am. The Liberal Party candidate for Eden Monaro, Mr Peter Hendy, has stated that he personally supports the airport and will be taking this forward should he be elected. Director Infrastructure Services said that the funding would need to come back to Council for consideration and finalisation should a grant application be successful. The former Director of Community and Corporate Outcomes had previously briefed Council on this. He will provide a another copy of the grant application to Councillors.

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QUESTIONS/URGENT BUSINESS (Minutes of Questions/Urgent Business from Councillors are a summary only and do not purport to be a complete transcript of the proceedings.) QN13/29 E13.7041; E05.9270 Councillor Schwarz said that last week the Bay Post reported that a 1.6ha block of commercial land on the Princes Highway had been sold to a major retailer, which was speculated to be Bunnings. Can the General Manager confirm that this sale is the outcome of Council’s plans to assist Bunnings. General Manager advised that she had had no discussions nor had any staff had discussions in relation to this particular block of land.

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QUESTIONS/URGENT BUSINESS (Minutes of Questions/Urgent Business from Councillors are a summary only and do not purport to be a complete transcript of the proceedings.) QN13/30 E13.7041; E11.5240 Councillor Thomson advised he had received an email this morning that a staff member involved with a Council advisory committee has been subjected to a verbal insult by a member of the Committee. Are staff aware that when working on these advisory committees, that the committee members are subject to the same Code of Conduct as Councillors in this Chamber? General Manager said she was unaware of the case but her understanding is that all committees must abide by the Code of Conduct and meeting procedures. She will make sure Committees are aware of this requirement.

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QUESTIONS/URGENT BUSINESS (Minutes of Questions/Urgent Business from Councillors are a summary only and do not purport to be a complete transcript of the proceedings.) QN13/31 E13.7041; E96.0044 Councillor Thomson said that on Friday at the SEROC meeting, he announced he would be contesting one the country positions on the State Council of Local Government NSW, at the conference in Sydney. At this stage there are two members of SEROC contesting these positions and both sought endorsement from SEROC councils to ensure that local government in the south east region is represented on LGNSW.

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QUESTIONS/URGENT BUSINESS (Minutes of Questions/Urgent Business from Councillors are a summary only and do not purport to be a complete transcript of the proceedings.) QN13/32 E13.7041; E80.1344 Councillor Leslight said that some months ago issues were raised in relation to Council’s performance with single dwelling DA’s, which was in conflict with the Bureau of Statistics figures. What has been the outcome of the dispute between Council and the Bureau on the method of reporting and, assuming that the ground rules have been clarified, what has been the performance of the organisation with the same like for like for the first six months on this year for single dwelling DA’s? The Mayor took the question on notice.

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CLOSED SESSION TO CONSIDER CONFIDENTIAL MATTERS In accordance with Section 10A(4) of the Local Government Act 1993 the General Manager invited members of the public to make verbal representations to the Council on whether the meeting should be closed to consider the following confidential matters. O13/154 MANAGEMENT AGREEMENT BATEMANS BAY BEACH RESORT E80.2575.L This report is classified Confidential under Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) commercial information of a confidential nature that would, if disclosed;

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

It was noted that there were no public verbal representations on whether the meeting should be closed to consider the items.

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MINUTE NO 13/268 13/268 MOTION Councillor Thomson/Councillor Brice THAT due to the nature of the matters before Council, in accordance with Section 10A(2) of the Local Government Act 1993, Council exclude members of the public from the meeting and go into Closed Session to consider the following confidential matters. CONFIDENTIAL REPORTS

O13/154 MANAGEMENT AGREEMENT BATEMANS BAY BEACH RESORT E80.2575.L This report is classified Confidential under Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) commercial information of a confidential nature that would, if disclosed;

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

CONFIDENTIAL BRIEFINGS Discussion of the material would be contrary to the public interest for reasons relating to one or more of the matters prescribed by the Local Government Act 1993 Section 10A(2)(a-h). (a) personnel matters concerning particular individuals (other than councillors); or (b) the personal hardship of any resident or ratepayer; or (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business; or (d) commercial information of a confidential nature that would, if disclosed;

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law; or (f) matters affecting the security of the council, councillors, council staff or council

property; or (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege or information concerning the nature and location of a place; or

(h) information concerning the nature and location of a place an item of Aboriginal significance on community land.

(The Motion on being put was declared CARRIED.)

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At 12.36pm the Ordinary Meeting of Council moved into Closed Session. At 12.58pm the Ordinary Meeting of Council resumed. The General Manager advised the following recommendations were declared carried in Closed Session.

MINUTE NO 13/269 O13/154 MANAGEMENT AGREEMENT BATEMANS BAY BEACH RESORT E80.2575.L The motion presented to Council regarding the Batemans Bay Beach Resort Management Agreement was discussed and adopted in closed session.

THE MEETING CLOSED AT 12.59PM _________________________________________ CHAIRPERSON

Chairperson of the Ordinary Council Meeting held on 24 September 2013 at which meeting the signature hereon was subscribed.