NAMBUCCA SHIRE COUNCIL
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Ordinary Council Meeting
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MINUTES OF THE Ordinary Council Meeting HELD ON 01 April 2010
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The following
document is the minutes of the Council meeting held on 1 April 2010. These
minutes are subject to confirmation as to their accuracy at the next meeting to
be held on 15 April 2010 and therefore subject to change. Please refer to the
minutes of 15 April 2010 for confirmation.
PRESENT
Cr Rhonda Hoban (Mayor)
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Cr John Ainsworth
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Cr Martin Ballangarry OAM
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Cr Janet Court
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Cr Brian Finlayson
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Cr Paula Flack
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Cr Mike Moran OAM
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Cr Elaine South
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Cr Anne Smyth
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ALSO PRESENT
Michael Coulter
(General Manager)
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Bruce Redman
(Director Engineering Services)
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Greg Meyers (Director Environment &
Planning)
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Monika Schuhmacher (Minute Secretary)
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PRAYER
Pastor Peter
Lott from the Christian Life Centre, offered a prayer on behalf of the Nambucca
Minister's Association.
DISCLOSURE OF INTEREST
Councillor PF
Flack declared a pecuniary interest in Item 5.1 Investigation into On-Stream
Water Storage under the Local Government Act as Cr Flack believes a dam at the
confluence of Gravelly Creek and North Creek would result in the flooding of
Upper North Arm, therefore, the flooding and loss of her property and
properties of her local community. Cr Flack left the meeting for this item.
Councillor A Smyth declared a non-pecuniary significant conflict of
interest in Item 9.4 Nambucca Valley Conservation Association vs Nambucca Shire
Council & Mr Paul Joseph - DA 2004/136, East West Road, Valla under the
Local Government Act as Cr Smyth indicated the item relates to court proceedings
involving the Nambucca Valley Conservation Association of which she was a
member. Cr Smyth left the meeting for this item.
Councillor PF
Flack declared a non-pecuniary significant conflict of interest in Item 9.4
Nambucca Valley Conservation Association vs Nambucca Shire Council & Mr
Paul Joseph - DA 2004/136, East West Road, Valla under the Local Government Act
because of her having had past member and executive roles in Nambucca Valley
Conservation Association and therefore a possible perceived conflict. Cr Flack
left the meeting for this item.
CONFIRMATION OF MINUTES - Ordinary Council
Meeting 18 March 2010
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2035/10 RESOLVED: (Moran/Smyth)
That the minutes of the Ordinary Council
Meeting of 18 March 2010 be confirmed subject to the following:
Page 1 Cr Flack declared an
interest and left the Chamber for items 5.1 and 8.2.
Page 4 Item 8.1 Note Cr
Flack left at 6.09 pm and returned at 6.10 pm
Page 14 Item 13 Cr Smyth and
Cr Flack indicated they voted against the Bio Diversity Plan
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NOTICE OF MOTION - CR Finlayson – LATE
Cr Flack left the meeting at 5.40 pm
and returned at the conclusion of resolution 1 for this item, at 5.57 pm
ITEM 5.1 SF1471 010410 Notice
of Motion - Investigation into On-Stream Water Storage
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Motion: (Finlayson/Ainsworth)
That this
Council undertake further investigation of:
a the geological suitability of constructing
an on-stream dam at sites examined by Councillors on Upper Buckrabendinni
Creek, the confluence of Gravelly Creek and Nambucca River or such other
sites as Council considers appropriate
b the cost of such construction
c the means by which water stored in such dam
may be delivered to the borefields at Bowraville and the cost of any such
delivery system.
Amendment: (Hoban/Ainsworth)
That this
Council receive a report which includes a recommended brief and budget to
undertake further investigation of:
a the geological suitability of constructing
an on-stream dam at sites examined by Councillors on Upper Buckrabendinni Creek,
the confluence of Gravelly Creek and Nambucca River or such other sites as
Council considers appropriate
b the cost of such construction
c the means by which water stored in such dam
may be delivered to the borefields at Bowraville and the cost of any such
delivery system.
The amendment
was carried and it became the motion and it was:
2036/10 Resolved: (Hoban/Ainsworth)
That this
Council receive a report which includes a recommended brief and budget to
undertake further investigation of:
a the geological suitability of
constructing an on-stream dam at sites examined by Councillors on Upper
Buckrabendinni Creek, the confluence of Gravelly Creek and Nambucca River or
such other sites as Council considers appropriate
b the cost of such construction
c the means by which water stored in such
dam may be delivered to the borefields at Bowraville and the cost of any such
delivery system
Note: Cr Smyth and Cr Ballangarry requested that their votes be
recorded as against this resolution.
Note: Cr Flack returned to the meeting at this time, 5.57 pm
2037/10 Resolved: (Hoban/Finlayson)
That there be a report to the next
scheduled Water Supply Steering Committee on the risk of delays to the completion
of the pre-construction tender phase of the Bowraville off-river storage.
Further, the report consider the potential cost of delays should the pre-construction
tender phase extend beyond 31 December 2010.
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NOTICE OF MOTION - CR Flack – LATE
ITEM 5.2 SF1471 010410 Notice
of Motion - Special Meetings - Setting Dates
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Motion: (Flack/Smyth)
1 That when Council resolves to call a
meeting or workshop it determines, if possible, the time and date for the
meeting or workshop at the time of the resolution.
2 That where a special meeting or workshop is
called outside a meeting of Council, Councillors are consulted via phone or
email regarding a suitable time and date, to ensure a quorum is available
before calling the meeting or workshop.
3 That where a special meeting or workshop is
called outside a meeting of Council, Councillors are consulted via phone or
email regarding a suitable time and date, to ensure a quorum is available
before calling the meeting or workshop.
Amendment: (Hoban/Court)
1 That when Council resolves to call a
meeting or workshop it determines, if possible, the time and date for the
meeting or workshop at the time of the resolution.
2
That where a special meeting or workshop is
called outside a meeting of Council, Councillors are advised via phone or
email regarding a time and date, to ensure a quorum is available before
calling the meeting or workshop.
3
That where a special meeting or workshop is
called outside a meeting of Council, Councillors are advised via phone or
email as soon as the staff propose the date for setting times and dates of
special meetings.
The amendment
was carried and became the motion and it was:
2038/10 Resolved: (Hoban/Court)
1 That when Council resolves to call a meeting
or workshop it determines, if possible, the time and date for the meeting or
workshop at the time of the resolution.
2 That where a special meeting or workshop
is called outside a meeting of Council, Councillors are advised via phone or
email regarding a time and date, to ensure a quorum is available before
calling the meeting or workshop.
3 That where a special meeting or workshop
is called outside a meeting of Council, Councillors are advised via phone or
email as soon as the staff propose the date for setting times and dates of
special meetings.
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DELEGATIONS
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Resolved: (Ainsworth/Moran)
That the following delegations be
heard:
Ms Lisa Harvey on behalf of Nambucca River Tourist Park
Mr Bob Phipps
Mr Michael Major on behalf of Valla Beach Urban & Hall Committee
Mr Peter Veryard on behalf of Valla
Beach and Urban Hall Committee
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DELEGATIONS continued
Ms Lisa Harvey addressed Council speaking
to prepared notes which are on file.
Mr Bob Phipps addressed Council making the
following points:
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On his travels enjoyed free parking where ever
wished
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Does not need to go to a caravan park to pay
their fees
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There were over 40 signed letters delivered to
Council who said it would be great to welcome these travellers
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We have all the facilities to be declared
RV-friendly
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When new highway is built, why would they want
to stop in the Valley
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Showgrounds not being used all year
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A lot of towns have a service club looking after
fees from the RVs
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Kempsey and Coffs Harbour are being considered
as RV friendly towns
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Willing to assist Council putting a submission
to CMCA to be a RV-friendly town, if interested
ITEM 8.9 SF617 010410 Request
for use of Macksville Showground by motorhomes and installation of a sewerage
dump point
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2039/10 RESOLVED: (Moran/Ainsworth)
That
Council seek the views of the Macksville Showground Committee of Management
to the establishment of limited term camping for “self contained”
recreational vehicles at the Macksville Showground and also to the installation
of a sewage “dump point” for use by recreational vehicles. Further, that the
General Manager asks Kempsey and Coffs Harbour City Councils how they are
approaching becoming an RV-friendly town.
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DELEGATIONS continued
Mr Michael Major addressed Council speaking
to a prepared paper which is on file.
Mr Peter Veryard addressed Council speaking
to a prepared paper which is on file.
ITEM 10.2 PRF3 010410 Anderson Park Amenities
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2040/10 RESOLVED: (Flack/South)
1 That Council note that $90,000 has been
included in the draft 2010/2011 budget for consideration.
2 That the Valla Beach Urban and Hall Committee of
Management be advised that Council has included $90,000 in the draft
2010/2011 budget for consideration.
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ASKING
OF QUESTIONS WITH NOTICE
QWN12/10 - Cr. Michael Moran - DA 2004/136 East West Road Valla
(Ref SF970)
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Cr Moran enquired if Cr Flack was President of the Nambucca Valley
Conservation Association during the time Council was Assessing DA 2004/136, East West Road, Valla?
Cr Flack
answered ‘Yes’.
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ASKING
OF QUESTIONS WITH NOTICE continued
QWN13/10 - Cr. Michael Moran - DA 2004/136 East West road Valla
(Ref SF970)
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Cr Moran enquired if Cr Flack was involved in any way in the
formulation of the Nambucca Valley Conservation Association’s submissions
against DA 2004/136?
Cr Flack answered ‘Yes’.
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QWN14/10 - Cr. Michael Moran - DA 2004/136 East West Road Valla
(Ref SF970)
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Cr Moran enquired if Cr Flack was the President of the Nambucca
Valley Conservation Association at the time Cr Flack voted on the
determination of DA 2004/136?
Cr Flack
answered ‘Yes. Councillors who were members of the previous Council will
recall that the report regarding DA 2004/136 came to Council at its last
meeting in 2008 before the election of a new Council, while Council was
officially in “caretaker mode” as it is called by the Department of Local
Government.
The report and
recommendations had two components. Firstly, the recommendation from staff
that Council NOT determine the DA whilst it was in Caretaker Mode, based on
the advice from the Director General of the Department of Local Government to
all councils to avoid making controversial and significant decisions whilst
in Caretaker Mode. Unfortunately, despite this and its own staff’s advice,
Council resolved to determine the DA. I do not consider that I had a
conflict of interest in this matter, as it related to whether or not to
proceed whilst in Caretaker Mode.
The second
component of the same report was the DA itself and the recommendation that in
the event that Council did resolve to determine the DA, that it be approved.
Having the two recommendations in the same report meant that what I should
have done, after recovering from the shock of Council resolving to determine
the DA whilst in Caretaker Mode, was to vacate the Chambers for the
subsequent determination which was moved immediately afterwards the first
decision.
The fact that
I didn’t was definitely a mistake and one that I recognised afterwards. Had
I declared a conflict of interest and not voted, the outcome would have been
the same, that is the DA would still have been approved, likewise, had I not
been a member of NVCA at the time and had participated in voting, I would
have voted against the DA and the outcome still would have remained the same.
Subsequent to
this event I made sure that I always declared a conflict of interest on any
matters before Council where NVCA was involved or had made a submission,
whilst I was still a member. I have also always declared a conflict of
interest for any report relating to the legal case regarding DA 2004/136,
despite no longer being a member of the NVCA. I do this on the basis of the
potential for a perceived conflict of interest. In other words, I have acknowledged
my error and have addressed it.’
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QWN15/10 - Cr. Michael Moran - DA 2004/136 East West Road Valla
(Ref SF970)
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Cr Moran enquired if Cr Flack was subsequently involved in any way
in the commencement or the process of legal proceedings by Nambucca Valley
Conservation Association challenging consent to DA 2004/136?
Cr Flack
answered ‘Yes. Following the approval of the DA, the NVCA proceeded to
discuss its options with regard to its response to the approval, including
legal action. As President at the time, of course I was involved in this
discussion. I did however recognise the potential conflict of interest and
discussed this with the General Manager and at length with the Department of
Local Government, I was advised that it would be inappropriate to hold an
executive position in the event of the NVCA taking legal action. I
subsequently resigned as president of the NVCA before any legal proceedings
commenced against Council. Shortly afterwards under my own initiative, I
also resigned as an ordinary member.’
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QUESTIONS FOR
CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED
There were no Questions for Closed Meeting
where due Notice had been given.
General
Manager Report
ITEM 8.1 SF959 010410 Outstanding
Actions and Reports
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2041/10 RESOLVED: (Finlayson/Moran)
That the list of outstanding actions and reports be noted
and received for information by Council.
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ITEM 8.2 SF1389 010410 Grant
Application Status Report - 25 March 2010
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2042/10 RESOLVED: (Finlayson/Ainsworth)
That the list of grant programs and
their status to 15 March 2010 be received.
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ITEM 8.3 SF128 010410 Liability
in Relation to Water Supply - Further Advice from Council's Solicitor's
Norton Rose
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2043/10 RESOLVED: (Finlayson/Court)
That the
additional advice from Council’s solicitor, Norton Rose, in relation to
liability for not proceeding with the IWCM be received.
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ITEM 8.4 SF1456 010410 Restructure
of Works Section
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2044/10 RESOLVED: (Court/Finlayson)
That Council adopt the revised Works Section
structure.
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ITEM 8.5 SF1090 010410 Progress
Report - Implementation of the Promoting Better Practice Report
Recommendations
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2045/10 RESOLVED: (Flack/Finlayson)
The
progress report on the implementation of the Promoting Better Practice Report
recommendations be received and referred to the Division of Local Government.
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ITEM 8.6 SF341 010410 Valla
Beach Urban and Hall Committee of Management - Minutes of Annual General
Meeting - 17 February 2010
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2046/10 RESOLVED: (Moran/Finlayson)
That
Council endorse the minutes of the Annual General Meeting of the Valla Beach
and Urban Hall Committee of Management which was held on 17 February 2010 and
thank the outgoing Committee for their work in the past twelve months.
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ITEM 8.7 SF968 010410 Nambucca Valley Netball Association - Minutes of Annual General Meeting - 3 November 2009
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2047/10 RESOLVED: (Finlayson/Ainsworth)
That Council endorse the minutes of
the Annual General Meeting of the Nambucca Valley Netball Association
Committee of Management which was held on 3 November 2009 including the
financial statement and thank the outgoing Committee for their work in the
past twelve months.
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ITEM 8.8 SF332 010410 Scotts
Head Tennis Club - Minutes of AGM 17 March 2010 & Financial Statement to
28 February 2010
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2048/10 RESOLVED: (Court/Ainsworth)
That
Council endorse the Minutes of the Annual General Meeting of the Scotts Head
Tennis Club Committee of Management which was held on 17 March 2010 including
the financial statement and thank the outgoing Committee for their work in the
past twelve months.
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Item 8.9 was dealt with under Delegations.
Director
Environment and Planning Report
ITEM 9.1 SF1261 010410 Outstanding
DA's greater than 12 months, applications where submissions received not
determined to 22 March 2010
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2049/10 RESOLVED: (Smyth/Ballangarry)
1 That the list of outstanding
development applications (at least 12 months old) and applications received,
be noted and received for information by Council.
2 That the applications where submissions
have been received be noted and received for information by Council.
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ITEM 9.2 SF1261 010410 DA's
and CDC's Received and Determined under Delegated Authority 23 February-8
March 2010
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2050/10 RESOLVED: (Smyth/Finlayson)
That
Council note the Development Applications/Complying Development Applications
received and determined under delegated authority.
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ITEM 9.3 SF785 010410 Crime
Prevention Grant Application "Crime Prevention Through Environmental
Design" Audits On Public Infrastructure
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2051/10 RESOLVED: (Smyth/Ballangarry)
That
Council endorse the project details and approve the submission of the grant
application for $50,000 to the NSW Attorney General's Crime Prevention Program.
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Cr Flack
and Cr Smyth left the meeting at 7.15 pm and returned at 7.25 pm at the
conclusion of this item .
ITEM 9.4 SF1254 010410 Nambucca
Valley Conservation Association vs Nambucca Shire Council & Mr Paul
Joseph - DA 2004/136, East West Road, Valla
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2052/10 RESOLVED: (Finlayson/Ainsworth)
1 That Council note the outcome of the
Class 4 action in the Land and Environment Court by the Nambucca Valley
Conservation Association Inc in regard to Development Application 2004/136.
2 That Council note that on advice
from its legal advisors competing short minutes were not submitted and no
challenge was made to the ‘Short Minutes of Order’ lodged by the Second
Respondent (Mr Joseph) that the First Respondent (Council) pay 60% of the
applicant’s costs.
3 That Council process DA 2004/136 by
advertising and notifying the amended community title rural-residential
subdivision and addressing all the relevant matters, including consideration
of any new and previous submissions, relevant matters for consideration under
Section 79C of the EP&A Act, including Clause 13 of the NLEP 1995, before
final determination of the application by Council.
4 That the applicant be advised that
before Council can further consider DA 2004/136 an updated supplementary
flora and fauna report is required for Council’s consideration. Such report
shall address any new information not previously considered that may impact
on threatened species, populations or ecological communities, or their
habitats. The report should determine the significance of any such impact and
if a Species Impact Statement (SIS) is required in accordance with the Threatened
Species Conservation Act 1995.
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ITEM 9.5 SF285 010410 Report
on Community Services Committee Meetings - 10 November 2009 & 9 February
2010
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Motion: (Flack/Moran)
1 That Council concur with the Community
Services Committee’s request to undertake a snapshot survey of the community
services sector, to establish the economic contribution to the Shire, noting
that it would be at no cost to Council as the members themselves would be
collecting and bringing forward the information.
2 That the Manager Community and Cultural
Services provide a snapshot of Community Services at Council as a part of the
Community Services Committee survey.
Amendment: (Moran/Ainsworth)
1 That Council concur with the Community
Services Committee’s request to undertake a snapshot survey of the community
services sector, to establish the economic contribution to the Shire, noting
that it would be at no cost to Council as the members themselves would be
collecting and bringing forward the information.
2 That the Manager Community and Cultural Services provide a
snapshot of Community Services at Council as a part of the Community Services
Committee survey. Further, that the snapshot be endorsed by Council
prior to it being referred to the Community Services Committee
The amendment was carried and it became the motion
and it was:
Resolved: (Moran/Ainsworth)
1 That Council concur with the
Community Services Committee’s request to undertake a snapshot survey of the
community services sector, to establish the economic contribution to the
Shire, noting that it would be at no cost to Council as the members
themselves would be collecting and bringing forward the information.
2 That the Manager Community and
Cultural Services provide a snapshot of Community Services at Council as a
part of the Community Services Committee survey. Further, that the snapshot
be endorsed by Council prior to it being referred to the Community Services
Committee.
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Director
Engineering Services Report
ITEM 10.1 T007/2010 010410 Tender
T007/2010 Additions To Rural Fire Service Lower North Coast Control Centre
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2053/10 RESOLVED: (Finlayson/Moran)
That
Council accept the tender for the construction of additions to the Rural Fire
Service Lower North Coast Control Centre at Kelly Close, Macksville of Costa
Builders Pty Ltd for the tendered amount.
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Item 10.2 was dealt with under Delegations.
ITEM 10.3 SF593 010410 Stormwater
- Damage to System
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2054/10 RESOLVED: (Flack/South)
1 That Council defer the stormwater
projects at Princess Street, Macksville and Hibiscus Drive, Valla Beach valued at $95,000.
2 That the projects of Scotts Head
Reserve, Adam Street, Bowraville, Jones Street, Valla Beach and Mumbler
Street, Nambucca Heads be included in the budget at a value of $93,000.
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ITEM 10.4 SF878 010410 Mid
North Weight of Loads Group - 1 March 2010
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2055/10 RESOLVED: (Flack/Finlayson)
1 That
Council note the minutes of the Mid North Weight of Loads Group on 1 March
2010.
2 That Council confirm its membership of
the Mid North Weight of Loads Group for a further twelve months ending the 30
June 2011 with membership renewal to be reviewable again prior to that date
and enter into Agreements with Gloucester Shire Council to provide
administration for the Group and individual Inspectors to authorise them to
operate in the Local Government area of Nambucca Shire Council and that
Council authorise the signature of these Agreements and the affixing of the
seal as required.
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General
Purpose Committee REPORT – 31 March 2010
ITEM 11.1 SF382 010410 Scotts
Head Master Plan (Item 8.1 in the General Purpose Committee)
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2056/10 RESOLVED: (Hoban/Court)
That
Council supports in principle the model put forward by Integrated Site Design
being the exhibited plan and that prior to further negotiations Council
receive a report on the implications of not relocating the semi permanents to
the Adin Street oval.
2057/10 Resolved: (Hoban/Moran)
That no
agreement be signed until such time as the agreement has been approved by
Council.
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Council
meeting adjourned at 8.12 pm.
Council
meeting resumed at 8.39 pm.
General
Purpose Committee REPORT – 1 april 2010
ITEM 12.1 SF1446 010410 Draft
Infrastructure Management Plan 2010-2011 to 2014-2015 (Item 8.1 in the
General Purpose Committee)
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2058/10 RESOLVED: (Court/Flack)
That
Council place the Draft Infrastructure Management Plan 2010-2011 to 2014-2015
on public exhibition for a minimum of 28 days.
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ITEM 8.2 SF1446 010410 Draft
Budget for 2010-2011
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2059/10 Resolved: (Hoban/Ainsworth)
1 Council
note the changes to the Draft Budget for 2010/2011 made by MANEX.
2 Council
place all draft Management Plan documents as amended on public exhibition for
at least 28 days and that a public meeting to explain the documents and
answer questions be held at the Council Chambers during the first
week of the public exhibition.
3 That the part-time position for the
Counter be deleted and reviewed in the September Budget Review and the amount
be set aside in the 2010/2011 Budget as a contingency for the risks
identified at the Saleyards.
4
That, while the Draft Budget is on
public exhibition, a report be brought to Council regarding the Saleyards,
including revenue, expenditure and its future generally, based on the safety
workshop recommendations held on 31 March 2010.
5 That the General Manager and Manager
Community and Cultural Serves meet with their counterparts at Bellingen and
Clarence Valley Councils, while the management plan is on exhibition, and put
Council’s position regarding the 10% contribution and report back to Council.
2060/10 Resolved: (Hoban/Flack)
6 That Council write to the Minister for
Local Government expressing our disappointment that rate pegging has been set
according to inflation when the Minister would be aware of the infrastructure
backlogs facing all NSW councils and that Council’s real costs including
wages are far in excess of inflation and that Council also express its
disappointment with the timeframe. Further, that Council request other NSW
Councils to similarly express their thoughts to the Minister.
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COUNCIL IN CLOSED MEETING (CLOSED
TO THE PUBLIC)
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2061/10 RESOLVED: (Ainsworth/Court)
1 That Council consider any written
representations from the public as to why the Meeting should not be Closed to
the public.
2 That
Council move into Closed Meeting to discuss the matters for the reason(s)
listed above.
Reason reports are in Closed Meeting:
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Director
Environment and Planning Report
For Confidential Business Paper in
Closed Meeting
ITEM 11.1 LF2365 010410 Mirage
Property Group Legal Expenses
It is recommended that the Council
resolve into closed session with the press and public excluded to allow
consideration of this item, as provided for under Section 10A(2) (d) of the
Local Government Act, 1993, on the grounds that the report contains 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.
CLOSED MEETING
The Ordinary Council Meeting's Meeting IN
CLOSED MEETING commenced at 8.40 pm.
RESUME
IN OPEN MEETING
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2062/10 RESOLVED: (Ainsworth/Court)
That Ordinary Council Meeting resume
in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING
at 8.45 pm.
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FROM COUNCIL IN CLOSED MEETING
Director
Environment and Planning Report
For Confidential Business Paper in
Closed Meeting
ITEM 11.1 LF2365 010410 Mirage
Property Group Legal Expenses
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2063/10 RESOLVED: (Finlayson/Ainsworth)
1 That Council note the unsecured proposal
put forward by Mr Johnson on behalf of Mirage Property Group Pty Ltd (in
liquidation) dated 1 March 2010.
2 That Council note the letter sent to
Mr Johnson by Norton Rose on behalf of Council dated 4 March 2010 and Mr
Johnson's email response dated 9 March 2010.
3 That Council advise Mr Johnson that
it will not consider alternate proposals to pay the outstanding debt owed by
Mirage Property Group Pty ltd (in liquidation) unless acceptable security,
timeframes and guarantees can be provided.
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CLOSURE
There being no further business the Mayor
then closed the meeting the time being 8.46 pm.
Confirmed and signed by the Mayor on 15 April 2010.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)