A meeting of the Bega Valley Shire Council will be held at the Council Chambers, Bega on Tuesday August 18, 2009 at 2 pm to consider and resolve on the matters set out in the following Agenda.

Peter Tegart
General Manager

Councillors:

Cr Tony Allen (Mayor)
Cr Mike Britten (Deputy Mayor)
Cr Pat Campbell
Cr David Hede
Cr Keith Hughes
Cr Paul Pincini
Cr Adrian Sandrey
Cr Liz Seckold
Cr Graeme Wykes

 

Ordinary Meeting

  1. Confirmation of Minutes
    Recommendation: That the minutes of the  Ordinary meeting held on 28 July 2009, as circulated, be taken as read and confirmed.
    Attachment: Draft Minutes 28 July 2009

  2. Apologies and requests for leave of absence
    Recommendation: That the apology from Cr Britten be accepted for his inability to attend the meeting.

  3. Declarations
    Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

  4. Deputations (by prior arrangement)
    There are no requests to address the Council.

  5. Petitions
    Any petitions received to be tabled.

  6. Mayoral Minutes
    There are no Mayoral Minutes.

  7. Adjournment into Standing Committees
    Recommendation : That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

  8. Committee Reports

Standing Committees Meeting

Community, Cultural and Economic Development Committee

Summary

  1. Confirmation of Minutes
    Attachment: Draft Minutes 28 July 2009
  2. Apologies
  3. Attendance at the International Cities Town Centres and Community Society Conference

Corporate Management Committee

Summary

  1. Confirmation of Minutes
    Attachment: Draft Minutes 28 July 2009
  2. Apologies
  3. Adoption of 2009/12 Management Plan
  4. Review of cemetery management and burial administration
  5. Comparative information on NSW Local Government Councils 2007/08
  6. LGSA request for financial assistance: Legal costs incurred by Berrigan Shire Council
  7. Councillor By-Election

Finance and Infrastructure Committee

Summary

  1. Confirmation of Minutes
    Attachment: Draft Minutes 28 July 2009
  2. Apologies
  3. Certificate of Investments made under Section 625 of the Local Government Act 1993
  4. Federal Government Regional and Local Community Infrastructure Program Funding
    Attachment: Progress Report
  5. Federal Government Regional and Local Community Infrastructure Program Funding Program: Stage 2 Funding
  6. Merimbula Airport - Background and Options Paper
    Attachment: Airport Background Paper

Planning and Environment Committee

Summary

  1. Confirmation of Minutes
    Attachment: Draft Minutes 7 July 2009
  2. Apologies
  3. DA No. 2008.0464 - Concrete batching plant Lot 2 DP373426, 465 Tathra Road, Kalaru
  4. DA No. 2008.0412 - Additional eight units for tourist accommodation: Robyn's Nest, Merimbula Drive, Merimbula
  5. DA No 2008.0200 - Staged nine lot subdivision: 999 Big Jack Mountain Road, Rocky Hall

Issues, Questions and Other Business relating to other reports

Ordinary Meeting

  1. Adoption of reports from Standing Committees

  2. Rescission/alteration motions
    There are no rescission/alteration motions.

  3. Notices of motion
    There are no notices of motion.

  4. Urgent business (not elsewhere included)

  5. Questions on notice
    Cr Pincini
    Cr Campbell

  6. Questions without notice
    (Councillor to Councillor, Councillor to staff - non-operational, maintenance or process issues).

  7. Confidential Business: Adjournment into Close Session
    In accordance with the Local Government Act 1993, and the Local Government (Meetings) Regulation 1993, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

    Set out below is Section 10A(2) of the Local Government Act 1993 in relation to confidential business.

    Which parts of a meeting can be closed to the public? The matters and information are the following:

    (a) personnel matters concerning particular individuals (other than councillors),
    (b) the personal hardship of any resident or ratepayer,
    (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,
    (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,
    (f) matters affecting the security of the council, councillors, council staff or council property,
    (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege,
    (h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.


    Recommendation :

    1.

    That Council resolve to adjourn into Closed Session to discuss Items 4.1, 4.2, 4.3 & 4.4 of the Closed Session Agenda, on the basis that the reports concern:-

    • information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;
    • commercial information of a confidential nature that would, if disclosed:-

     
    1. prejudice the commercial position of the person who supplied it, or

    2. confer a commercial advantage on a competitor of the council, or

    3. reveal a trade secret.

    • advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege.
    2. That pursuant to Section 10A of the Local Government Act 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).


    Confidential Items

    4.1 Merimbula Airport Strategy

    Reason for Confidentiality

    This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:-

    10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

    10A(2)(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.
     

    4.2 Supreme Court Legal Matter

    Reason for Confidentiality

    This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:-

    10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege.

     

    4.3 Merimbula Traffic Strategy

    Reason for Confidentiality

    This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:-

    10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

    10A(2)(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.
     

    4.4 Sale of Zingel Place and Crown Land - Bega

    Reason for Confidentiality

    This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:-

    10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

    10A(2)(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.
     

  8. Adoption of reports from Closed Session

  9. Resolutions to declassify reports considered in closed session

More Information

Applying to address Council

   

www.begavalley.nsw.gov.au