minutes of the ordinary meeting of council held … · this is page no. 1 of the minutes of the...

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

held on 27 March 2012

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MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD ON TUESDAY 27 MARCH 2012 COMMENCING AT 10.00AM

PRESENT: Councillor, Fergus Thomson, Mayor (in the Chair)

Councillors Allan Brown, Lindsay Brown, Keith Dance, Chris Kowal, Alan Morton, Graham Scobie and Chris Vardon OAM

Staff: Mr P J Anderson, General Manager Mr L Usher, Director, Planning and Sustainability Services Mr W Sharpe, Director, Infrastructure Services Ms K Arthur, Acting Director, Community Development Services Mr T Armstrong, Acting Director, Organisation Support Services Mr R Addison, Property Manager, Organisation Support Services Ms B Nicholson, Minute Secretary The Mayor welcomed everyone to the meeting and advised of the Evacuation Procedure.

MINUTE NO 12/38 APOLOGIES AND LEAVE OF ABSENCE 12/38 MOTION Councillor Keith Dance/Councillor Chris Vardon THAT apologies be received from Councillor Rob Pollock OAM and leave of absence be granted as he is out of the Shire on personal business. (The Motion on being put was declared CARRIED). 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.)

PF12/10 E12.6042; 00.4856.I Mr F Pappas addressed Council regarding O12/35 Moruya to Deep Creek Water Supply Pipeline Land Matters and commented on the report used by the Mayor in defining the use of his executive powers, which included matters such as rescission of the acquisition notice and the Just Terms Compensation Act.

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON TUESDAY 27 MARCH 2012



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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.)

PF12/11 E12.6042; E95.8171 Mr P Hickman addressed Council regarding Report O12/42 Alcohol Restricted Reserve – Maloneys Beach Reserve and asked that Council consider prohibiting the bringing of alcohol onto all Public Reserves and also the consumption of alcohol in public reserves adjacent to waterways. Councillors commented on Section 632 signage, policing of the areas and the roster for rangers on weekends.




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PF12/12 E12.6042; E80.0816 Mr D Shackleton, Narooma Golf Club, addressed Council regarding Report O12/49 Narooma Golf Club Lease Rent Review and requested that Council determine land rental charges for the club be calculated on the basis of a CPI adjustment from their current payment. Councillors commented on club profits, subscriptions, maintenance costs and the method of calculating rental for golf courses.




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PF12/13 E12.6042; E12.6029 Mr P Bradstreet, Eurobodalla Ratepayers Association (ERA), addressed Council regarding Report O12/40 Integrated Planning and Reporting: Resourcing Strategy and commented on the Micromex research, in particular the way questions were framed.

MINUTE 12/39 EXTENSION OF TIME 12/39 MOTION Councillor Graham Scobie/Councillor Allan Brown THAT Mr Bradstreet be granted an extension of time to conclude his comments in public forum. (This Motion on being put was declared CARRIED). Mr P Bradstreet then commented on the views of local ratepayers on Council’s past performance, a Council endorsed ten year plan and said that ERA would like to see much greater direction and supervision by Councillors of the next phase of Shire planning. Councillor Keith Dance advised that nine Councillors discussed and made decisions and that ERA should not continue to blame the General Manager and Mayor for the failings of all Councillors. Councillor Dance also commented on the next local government election, the Twyford report and the Micromex survey.




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MINUTE NO 12/40 CONFIRMATION OF MINUTES 12/40 MOTION Councillor Alan Morton/Councillor Keith Dance THAT the minutes of the Ordinary Meeting of Council held on 27 February 2012 be confirmed. (The Motion on being put was declared CARRIED).




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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E05.9610 Councillor Keith Dance declared a pecuniary conflict of interest in Report O12/56 Kyla Park Lease Rent Review. Reason: Councillor Keith Dance advised he is the lessee of the land in question. DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E05.9354 Councillor Graham Scobie declared a pecuniary conflict of interest in Report O12/37 Audit Committee Minutes. Reason: Councillor Graham Scobie advised there is the possibility of legal action against the Commonwealth Bank and that his wife is currently the Acting Manager at the Moruya branch of this bank. DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E80.0816 Councillor Graham Scobie declared a pecuniary conflict of interest in Report O12/49 Narooma Golf Club Lease Rent Review. Reason: Councillor Graham Scobie advised he has a business relationship with the Narooma Golf Club. DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E95.9197 Councillor Graham Scobie declared a pecuniary conflict of interest in Report O12/54 Floodplain Management Association Conference. Reason: Councillor Graham Scobie advised his business provided music for the Conference. At 10.52am the Ordinary Meeting of Council adjourned. At 11.21am the Ordinary Meeting of Council resumed.




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MINUTE NO 12/41

O12/33 NATIONAL SEA CHANGE TASKFORCE AUSTRALIAN COASTAL COUNCILS CONFERENCE E04.8493 12/41 MOTION Councillor Fergus Thomson THAT the report titled O12/33 National Sea Change Taskforce – Australian Coastal Council’s Conference be received and noted. (The Motion on being put was declared CARRIED).

MINUTE 12/42 SUSPENSION OF STANDING ORDERS 12/42 MOTION Councillor Chris Vardon/Councillor Alan Morton THAT the Ordinary Meeting of Council suspend standing orders to allow the alteration of the order of business with regard to the consideration of the following reports: O12/35 Moruya to Deep Creek Water Supply Pipeline Land Matters Use of Executive Powers O12/40 Integrated Planning and Reporting: Resourcing Strategy O12/42 Alcohol Restricted Reserve – Maloneys Beach Reserve O12/49 Narooma Golf Club Lease Rent Review. (This Motion on being put was declared CARRIED).




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MINUTE NO 12/43

O12/35 MORUYA TO DEEP CREEK WATER SUPPLY PIPELINE LAND MATTERS – USE OF EXECUTIVE POWER 00.4856.I 12/43 MOTION Councillor Allan Brown/Councillor Alan Morton THAT Council endorse the use of the Mayor’s Executive Power under Section 226 of the Local Government Act to authorise the publication in the Government Gazette of a notice to rescind the acquisition notice for the easement for water pipeline 5m wide in DP 1118885 published in the Government Gazette No. 76 on 27 June 2008, Folio 6487. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/44

O12/40 INTEGRATED PLANNING & REPORTING: RESOURCING STRATEGY E12.6029 12/44 MOTION Councillor Chris Vardon/Councillor Allan Brown THAT: 1. Council receive and note the results of the Community Engagement process. 2. Council thank the participants of the Micromex Survey and Focus Groups for their

time and input. 3. Council commence a series of surveys with the community to determine those

services considered to be a high priority and those of a low priority with a view to reviewing those in the agreed low priorities for removal or winding back and to carry out complete service reviews of the high priority services to ensure that they are efficient and effective and deliver what the community wants.

4. Staff prepare an action plan for Council consideration for inclusion in the Delivery Program 2012-2016.

(The Motion on being put was declared CARRIED).




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MINUTE NO 12/45

O12/42 ALCOHOL RESTRICTED RESERVE – MALONEYS BEACH RESERVE E95.8171 12/45 MOTION Councillor Alan Morton/Councillor Lindsay Brown THAT Maloneys Beach Reserve, Maloneys Beach be deemed an Alcohol Restricted Reserve between the hours of 8pm and 8am seven days a week. (The Motion on being put was declared CARRIED).




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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E80.0816 Councillor Graham Scobie declared a pecuniary conflict of interest in Report O12/49 Narooma Golf Club Lease Rent Review. Reason: Councillor Graham Scobie advised he has a business relationship with the Narooma Golf Club. At 11.53am Councillor Graham Scobie left the Chambers for the duration of discussion and voting on the matter.

MINUTE 12/46 O12/49 NAROOMA GOLF CLUB LEASE RENT REVIEW E80.0816 12/46 MOTION Councillor Chris Vardon/Councillor Allan Brown THAT the matter be deferred pending discussions between the Directors of the Narooma Golf Club and the appropriate Council staff and a further report be presented to Council. (This Motion on being put was declared CARRIED). At 12.20pm Councillor Graham Scobie returned to the Chambers.




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MINUTE NO 12/47

O12/34 MEETING WITH STATE MEMBER FOR BEGA E00.4623 12/47 MOTION Councillor Allan Brown/Councillor Keith Dance THAT the Minister and Local Member the Hon Andrew Constance MP be invited to a meeting with Councillors as soon as it can be arranged to discuss any matters he believes the Eurobodalla Council and its elected Councillors need to improve on for the benefit of the Shire’s residents and ratepayers. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/48

QN11/44 QUESTION WITH NOTICE FROM COUNCILLOR E11.5041; E97.1470 12/48 MOTION Councillor Allan Brown/Councillor Alan Morton THAT the response to Question QN11/44 regarding poor television reception in Catalina raised by Councillor Allan Brown be received and noted. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/49

3843.12 QUESTIONS WITH NOTICE FROM COUNCILLOR E12.6041, E09.3157 12/49 MOTION Councillor Allan Brown/Councillor Alan Morton THAT the response to question 3843.12 regarding Coastal Wattle at Long Beach raised by Councillor Allan Brown be received and noted. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/50

O12/36 ORGANISATION RESTRUCTURE E10.4402; E12.6176 12/50 MOTION Councillor Keith Dance/Councillor Lindsay Brown THAT the management structure for the organisation, as presented in report O12/36 Organisation Restructure, be approved and Council note the use of an external agency to assist with the recruitment. (The Motion on being put was declared CARRIED).




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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E05.9354 Councillor Graham Scobie declared a pecuniary conflict of interest in Report O12/37 Audit Committee Minutes. Reason: Councillor Graham Scobie advised there is the possibility of legal action against the Commonwealth Bank and that his wife is currently the Acting Manager at the Moruya branch of this bank. At 12.35pm Councillor Graham Scobie left the Chambers for the duration of discussion and voting on the matter.

MINUTE NO 12/51 O12/37 AUDIT COMMITTEE MINUTES – 27 FEBRUARY 2012 E05.9354 12/51 MOTION Councillor Chris Vardon/Councillor Allan Brown THAT the minutes of the Audit Committee Meeting held on 27 February 2012 be adopted by Council. (The Motion on being put was declared CARRIED). At 12.37pm Councillor Graham Scobie returned to the Chambers.




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MINUTE NO 12/52

O12/39 FINANCE AND SERVICES COMMITTEE MEETING

HELD ON 13 MARCH 2012 E10.4222 12/52 MOTION Councillor Alan Morton/Councillor Graham Scobie

FSM12/28 FS12/19 TENDER FOR CONSTRUCTION OF BATEMANS BAY SKATE PARK EXTENSION E97.1351.t THAT the Finance and Services Committee recommend to Council the tender from Oasis Skate Parks Pty Ltd be accepted. (The Motion on being put was declared CARRIED).




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MINUTE 12/53

O12/43 CONNECTING WITH COUNTRY – WALLAGA LAKE GROUND PENETRATING RADAR PROJECT E10.4107 12/53 MOTION Councillor Graham Scobie/Councillor Alan Morton THAT Council: 1. Provide a copy of report to the Department of Sustainability, Environment, Water,

Population and Communities for acquittal.

2. Thank those involved and provide report copies to family members with associated members buried at the Wallaga Lake Cemetery.

(This Motion on being put was declared CARRIED).




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O12/44 EUROBODALLA COASTAL MANAGEMENT ADVISORY COMMITTEE E09.3092 MOTION Councillor Allan Brown/Councillor Keith Dance THAT the late nomination for the Eurobodalla Coastal Management Advisory Committee be accepted. (This Motion on being put was declared LOST).

MINUTE 12/54 O12/44 EUROBODALLA COASTAL MANAGEMENT ADVISORY COMMITTEE E09.3092 12/54 MOTION Councillor Allan Brown/Councillor Keith Dance THAT: 1. Council appoint Ms Reina Hill to the Coastal Management Advisory Committee for a

three year period. 2. Council notify the candidates, in writing, of the outcome of their application. (This Motion on being put was declared CARRIED. The Mayor used his casting vote to vote for the Motion).

MINUTE 12/55 O12/44 EUROBODALLA COASTAL MANAGEMENT ADVISORY COMMITTEE E09.3092 12/55 MOTION Councillor Lindsay Brown/Councillor Alan Morton THAT the position the environment group previously held, occupied by Ms Reina Hill, be removed from the Eurobodalla Coastal Management Advisory Committee. (This Motion on being put was declared CARRIED).




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MINUTE NO 12/56

O12/38 INVESTMENTS MADE AS AT 29 FEBRUARY 2012 E99.3517 12/56 MOTION Councillor Keith Dance/Councillor Alan Morton THAT the certification that the investments as at 29 February 2012 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). At 1.00pm the Ordinary Meeting of Council adjourned. At 1.37pm the Ordinary Meeting of Council resumed.




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MINUTE 12/57

O12/45 HANGING ROCK PRECINCT MASTER PLAN PROJECT E08.2547 12/57 MOTION Councillor Alan Morton/Councillor Keith Dance THAT Council: 1. Receive and note the update on the Hanging Rock Precinct master plan project 2. Support the engagement of a strategic leisure consultant to prepare a feasibility

study for the Hanging Rock Precinct master plan project 3. Thank the Sunset Committee members for their contribution thus far and invite them

to be part of the next stage of the Hanging Rock Precinct master plan project.

4. Allocate $30,000 from the Land Development Fund for the Feasibility Study to be completed as per the contents of report O12/45 Hanging Rock Precinct Master Plan Project.





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MINUTE 12/58

O12/46 COMMUNITY PARTICIPATION FUNDING VARIATION L.0332 12/58 MOTION Councillor Chris Kowal/Councillor Lindsay Brown THAT Council: 1. Accept and endorse the Acceptance of Funding Variation from Ageing, Disability and

Home Care (ADHC), NSW Department of Family and Community Services, in relation to Community Participation Program.

2. The Acceptance of Funding Variation (AH12/10497) be signed by two duly authorised

Council representatives and the Seal of Council affixed. (This Motion on being put was declared CARRIED).




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MINUTE 12/59

O12/47 EASEMENT FOR ACCESS AND DRAINAGE BARLINGS DRIVE, TOMAKIN 84.1368.D 12/59 MOTION Councillor Alan Morton/Councillor Keith Dance THAT: 1. All actions necessary be taken for the acquisition of an easement for access and

drainage within Lot 8 DP 700233 in accordance with Council’s Code of Practice for Acquiring Land for Public Purposes.

2. All survey and legal costs including the registered proprietors’ reasonable legal costs

associated with the acquisition of the easement be borne by Council.

3. Consent be given to affix the Common Seal of Council to the Plan of Easement within Lot 8 DP 700233.





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MINUTE 12/60

O12/48 EVENT APPLICATION - NAROOMA OYSTER FESTIVAL E08.2294 12/60 MOTION Councillor Chris Vardon/Councillor Keith Dance 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 the Narooma and District Chamber of Commerce and Tourism Inc to conduct the Narooma Oyster Festival within Crown Reserve R85364 Riverside Drive, Narooma commencing 4 May 2012 and terminating 6 May 2012 subject to conditions including:

(a) The event be conducted at all times in accordance with the terms of

development consent 632/10 issued by Eurobodalla Shire Council dated 30 April 2010.

(b) A licence fee in accordance with Council’s adopted fees and charges.

(c) Submission and approval of a Traffic Management Plan for the event.

(d) Provision of qualified traffic controllers for the event.

(e) The organisers are required to list the temporary food vendors and have them inspected by Council’s Food Surveillance Officer.

(f) Provision of evidence of public liability insurance cover in the amount of $20,000,000 noting Council and the Minister administering the Crown Lands Act as interested parties in accordance with Council policy.

(g) Any temporary structures erected must comply with the requirements set out in Part H102 “Temporary structures” of the Building Code of Australia.

(h) Provision of a copy of the pyrotechnic operator’s WorkCover Licence to operate fireworks and a copy of the licensed operator’s public liability insurance prior to the event.




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(i) Inspection of amusement devices in accordance with the Local Government Act (Section 68) and Occupational Health & Safety Regulation 2001.

(j) The organisers are responsible for the collection and disposal of all waste to a Council waste facility.

(k) In the interest of public health and safety, provide confirmation that the ambulance and hospital have been notified of the event.

2. Consent be given to the following road closures on Saturday, 5 May 2012 between the hours of 6am and 10pm:

(a) Riverside Drive between Field Street and Bettini Lane; and

(b) McMillan Road between Riverside Drive and Fosters Bay Road.

3. Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a two-year licence, in accordance with Sections 102 and 103 of the Crown Lands Act 1989, to the Narooma and District Chamber of Commerce and Tourism Inc to conduct the Narooma Oyster Festival one weekend annually within Crown Reserve R85364 at Riverside Drive, Narooma commencing 1 January 2013 and terminating 31 December 2014 subject to conditions including:

(a) The consent of the Minister administering the Crown Lands Act. (b) Payment of a licence fee based on the use of an open space reserve in

accordance with Council’s adopted fees and charges. (c) Conditions generally in line with the previous temporary licence.


MINUTE 12/61 O12/48 EVENT APPLICATION - NAROOMA OYSTER FESTIVAL E08.2294 12/61 MOTION Councillor Lindsay Brown/Councillor Allan Brown THAT Council make a donation to the Narooma Oyster Festival equivalent to the licence fees payable. (This Motion on being put was declared CARRIED).




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MINUTE 12/62

O12/50 LEASE FOR BATEMANS BAY PRE-SCHOOL E02.6698 12/62 MOTION Councillor Graham Scobie/Councillor Chris Kowal THAT: 1. A lease be granted over that part of the Batemans Bay Children and Family Centre

used for pre-school purposes to SDN Children’s Services with terms and conditions including:

(a) A term of 15 years commencing 1 June 2011 and terminating 31 May 2026; (b) Annual rent set at $1 pa; (c) A building lifecycle replacement fund fee in the amount set out in the

Councillors’ Attachment to report O12/50 Lease for Batemans Bay Pre-School with such fee to increase annually in line with the CPI;

(d) A maintenance/operating fee in the amount set out in the Councillors’ Attachment to report O12/50 Lease for Batemans Bay Pre-School with such fee to increase annually in line with the CPI and reviewed to actual costs every five (5) years; and

(e) Further conditions generally in line with the current lease. 2. Consent be given to affix the Common Seal of Council to the Lease granted to SDN

Children’s Services. (This Motion on being put was declared CARRIED).




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MINUTE 12/63

O12/51 LICENCE FOR RADIO FACILITY – PEAK ALONE E80.0549 12/63 MOTION Councillor Keith Dance/Councillor Alan Morton THAT a sub-licence be granted to the Minister administering the National Parks and Wildlife Act 1974 over that part of Wadbilliga National Park licenced to Council for telecommunications purposes with terms and conditions including: (a) A term of three months commencing 1 April 2012 and terminating 30 June 2012 with

three five-year options; (b) A licence fee in the amount of 50% of the head-licence; (c) Conditions generally in line with the head-licence. (This Motion on being put was declared CARRIED).




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MINUTE 12/64

O12/52 LICENCE FOR CARWASH – NAROOMA PONY CLUB E07.1581;E00.4245 12/64 MOTION Councillor Lindsay Brown/Councillor Alan Morton THAT 1. Council as Trust Manager of the Eurobodalla (South) Reserve Trust grant a temporary

licence to Narooma District Pony Club within NATA Reserve being Crown reserve R63051 with a fee of $132.50 including GST with terms and conditions including:

(a) Hours of Operation: 7.30am -2.00pm 7 April 2012 (b) Provision of a certificate of currency for public liability insurance in the

amount of $20 million (c) The area occupied be left clean and tidy.

2. In accordance with Council’s “Fees for Licences granted to Not-for Profit Groups and

Organisations” Policy a donation in the amount of the licence fee be made to the Narooma District Pony Club.





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MINUTE 12/65

O12/53 TRANSFER OF LAND FOR WATER RESERVOIR NORTH BATEMANS BAY 00.4763.D 12/65 MOTION Councillor Chris Vardon/Councillor Lindsay Brown THAT: 1. The dedication of Lot 3 DP 1169262 to Council be accepted. 2. All costs associated with the Transfer of Lot 3 DP 1169262 including Council’s legal

costs be borne by the registered proprietor of Lot 3 DP 1169262. 3. Consent be given to affix the Common Seal of Council to the Contract for Sale and the

Transfer of Lot 3 DP 1169262. 4. Public notice be given of Council’s intention to resolve that:

“Lot 3 DP 1169262 be acquired as operational land”. 5. A period of 28 days be given for members of the public to make submissions. 6. A further report be presented following the advertising period. (This Motion on being put was declared CARRIED).




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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E95.9197 Councillor Graham Scobie declared a pecuniary conflict of interest in Report O12/54 Floodplain Management Association Conference. Reason: Councillor Graham Scobie advised his business provided music for the Conference. At 2.00pm Councillor Graham Scobie left the Chambers for the duration of discussion and voting on the matter.

MINUTE 12/66 O12/54 FLOODPLAIN MANAGEMENT ASSOCIATION CONFERENCE E95.9197 12/66 MOTION Councillor Allan Brown/Councillor Lindsay Brown THAT the Delegate’s Report on the 2012 Floodplain Management Association Conference be received and noted. (This Motion on being put was declared CARRIED). At 2.05pm Councillor Graham Scobie returned to the Chambers.




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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.)

QN12/07 E12.6041; 80.0163 Councillor Graham Scobie referred to the Tuross Caravan Park lease and asked if it had come into force. General Manager advised it is being given a final check by our legal advisor and once this has been carried out Council will be in a position to finalise the lease with the applicant.




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QN12/08 E12.6041; E02.6483 Councillor Graham Scobie asked for an update regarding the lease at Moruya Airport. General Manager took the question on notice.




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QN12/09 E12.6041; E12.6029 Councillor Alan Morton stated that he was concerned that other Councillors may not have received their invitation to the forum. Mayor advised that as a result of the misunderstanding we have changed the process of how invitations are forwarded to Councillors.




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QN12/10 E12.6041; E80.1208 Councillor Alan Morton stated that the boat at Batemans Bay had sunk again and asked what progress Roads and Maritime Services were making regarding this matter. Director, Infrastructure Services, took the question on notice.




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QN12/11 E12.6041; E98.2467 Councillor Keith Dance referred to onsite sewage management systems and consent to enter the property. He asked if Council’s Code of Practice and development application conditions of consent are in agreement with each other. Director, Planning and Sustainability Services, took the question on notice and will place the information in the Councillors’ Newsletter.




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QN12/12 E12.6041; E07.1161 Councillor Keith Dance asked if Councillors could discuss the terms of reference for the Rural Lands Strategy before they are placed on public exhibition. General Manager advised a time for these discussions would be arranged.




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QN12/13 E12.6041; E80.1208 Councillor Chris Vardon referred to the boat that has sunk at Batemans Bay and asked if it could be used for tourism purposes. General Manager advised he had a telephone conversation with an officer from Roads and Maritime who indicated they would need to discuss with the owner whether the boat was salvageable or not. The Roads and Maritime officer will contact Council once this information is obtained.




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QN12/14 E12.6041; E11.5155 Councillor Chris Vardon referred to emails regarding screens that had been placed on Crown land where vegetation had been removed and asked how long they remain in place and the cost of the screens. Director, Planning and Sustainability Services, advised in this case the cost of the screen $300 and the screen remains in place until there are signs of regeneration or plants start to establish. Council has been offered care and control of this land and we are currently trying to recover some of the costs associated with this matter from the Crown.




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QN12/15 E12.6041; E11.5041; E97.1470 Councillor Allan Brown referred to TV reception in Catalina and asked if Council had received a response from the Member for Eden Monaro the Hon Dr Mike Kelly AM MP? Acting Director, Community Development Services, 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. O12/55 Lease for Recreational Purposes – Mackay Park E02.6929 This report is classified Confidential under Section 10A(2) (d)(i) 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.

O12/56 Kyla Park Lease Rent Review E05.9610 This report is classified Confidential under Section 10A(2) (d)(i) 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;


O12/57 Licence for Digital TV Transmitter – Narooma 82.5841.D This report is classified Confidential under Section 10A(2) (d)(i) 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;


O12/58 Renewal of General Manager’s Contract S.0324; L.0336 This report is classified Confidential under Section 10A(2) (a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (a) personnel matters concerning particular individuals. It be 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 12/67 CLOSED SESSION S.0324; L.0336 12/67 MOTION Councillor Chris Vardon/Councillor Allan Brown THAT Report O12/58 Review of General Manager’s Contract be deferred until the Ordinary Meeting of Council on 24 April 2012 and that it be duly advertised in the Council agenda. (The Motion on being put was declared CARRIED).

MINUTE NO 12/68 12/68 MOTION Councillor Keith Dance/Councillor Alan Morton 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

O12/55 Lease for Recreational Purposes – Mackay Park E02.6929 This report is classified Confidential under Section 10A(2) (d)(i) 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;


O12/56 Kyla Park Lease Rent Review E05.9610 This report is classified Confidential under Section 10A(2) (d)(i) 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;





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O12/57 Licence for Digital TV Transmitter – Narooma 82.5841.D This report is classified Confidential under Section 10A(2) (d)(i) 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;


CONFIDENTIAL 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). At 2.30pm the Ordinary Meeting of Council moved into Closed Session. At 3.06pm the Ordinary Meeting of Council resumed.




________________________ CHAIRPERSON

The General Manager advised the following recommendations were declared carried in Closed Session. O12/55 Lease for Recreational Purposes – Mackay Park E02.6929 THAT: 1. The current lease over Lot 1 DP 1049123 be terminated with lessees’ agreement on

30 June 2012. 2. Subject to consent of the Minister Administering the Crown Lands Act a new lease be

granted over Lot 1 DP 1049123 to The French & Heron Family Trust T/A Batemans Bay Mini Golf with terms and conditions including:

(a) 10 year term (b) Initial rent in the amount of $40,000 pa plus GST (c) A rent review to market prior to the commencement of the sixth year with

annual increases every other year in line with the CPI. (d) Rent to be paid six-monthly in advance. (e) Generally in line with the current lease.

3. Consent be given to affix the Common Seal of Council to the Lease of Lot 1

DP 1049123.

O12/56 Kyla Park Lease Rent Review E05.9610 THAT: 1. The lessees of Lots 1 & 2 DP 1081596 be advised that rent for the lease of will be set

at the amount set out in report O12/56 Kyla Park Lease Rent Review commencing 1 April 2012.

2. If the lease value as proposed in item 1 is not acceptable to the lessee, to ensure this issue is resolved and for reasons of probity and transparency, the lease fee be determined by an independent valuer agreed to by both parties.

3. The bank guarantee for required lease performance be released.




________________________ CHAIRPERSON

O12/57 Licence for Digital TV Transmitter – Narooma 82.5841.D THAT the General Manager be given delegated authority to negotiate a fee for the proposed licence offered to RBA Holdings Pty Limited for a digital television broadcasting facility within Lot 1 DP 884085, Narooma reservoir in accordance with the details set out in the report O12/57 Licence For Digital TV Transmitter – Narooma.

THE MEETING CLOSED AT 3.11PM ___________________________ CHAIRPERSON

Chairperson of the Ordinary Meeting of Council held on 24 April 2012 at which meeting the signature hereon was subscribed.

minutes of the ordinary meeting of council held … · this is page no. 1 of the minutes of the...

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