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Berri Barmera Council - Minutes of Ordinary Council Meeting held 24 th November 2009 Page 6081 THE BERRI BARMERA COUNCIL MINUTES OF AN ORDINARY MEETING OF COUNCIL HELD ON TUESDAY 24 th NOVEMBER 2009 AT 6.00 P.M. IN THE COUNCIL CHAMBER, WILSON STREET BERRI : 1: PRESENT : Elected Members : Mayor P.R. Hunt, and Crs R.L. Centofanti, B.J. Fletcher, V.A. Beech, B.D. Casey, V. (Bill) Kanakaris (6.02 p.m.), B.G. Richardson, L.T. Hill, T.A. Chapple and J. Rolfe. Officers : Mr D.L. Beaton (Chief Executive Officer), Mr T. King (Manager Infrastructure Services), Ms K. Burton (Manager Corporate Services), Mr A. Haigh (Community Development Officer) and Ms K. Seekamp(Administration Assistant). 2: APOLOGIES : Cr G. Higgs 3: CONFIRMATION OF MINUTES : - Ordinary Meeting of Council held on 27 th October 2009. MOTION : (2057/09) That the Minutes of the Ordinary Meeting of Council held on 27 th October 2009 be taken as read and confirmed. Crs Centofanti /Beech CARRIED 4: ADJOURNED ITEMS : - Nil 5: PETITIONS : - Nil Cr Kanakaris entered the Chamber at 6.02 p.m. 6: DEPUTATIONS / ADDRESS : 6.1 Adrian Pipe, Be Active Field Officer Be Active Project Officer 6 monthly update, future directions, Continuation of the Role, (Commenced 6.02 p.m. Concluded 6.13 p.m.) 6.2: Chris Bishop, YMCA Review from 2008/09, 2009/10 Business Plan, Program Objectives, Marketing and Promotions, Risk Management, Year to Date. (Commenced 6.14 p.m. Concluded 6.30 p.m.) 6.3: Hon. Karlene Maywald MP Whole of Basin Plan apology 7: MOTIONS WITH NOTICE : 7.1 Cr T Chapple : Re: Removal of temporary earth bank at Nappers Bridge. MOTION : That Council request that the Minister for the River Murray and Water Security immediately have the temporary earth bank and culverts at Nappers Bridge removed to allow Lake Bonney to be reconnected to the River Murray. Crs Chapple / Rolfe
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Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6081

THE BERRI BARMERA COUNCIL MINUTES OF AN ORDINARY MEETING OF COUNCIL HELD ON TUESDAY 24th NOVEMBER 2009

AT 6.00 P.M. IN THE COUNCIL CHAMBER, WILSON STREET BERRI

1: 1: PRESENT: Elected Members: Mayor P.R. Hunt, and Crs R.L. Centofanti, B.J. Fletcher, V.A. Beech, B.D. Casey, V. (Bill) Kanakaris (6.02 p.m.), B.G. Richardson, L.T. Hill, T.A. Chapple and J. Rolfe. Officers: Mr D.L. Beaton (Chief Executive Officer), Mr T. King (Manager Infrastructure Services), Ms K. Burton (Manager Corporate Services), Mr A. Haigh (Community Development Officer) and Ms K. Seekamp(Administration Assistant).

2: APOLOGIES: Cr G. Higgs 3: CONFIRMATION OF MINUTES: - Ordinary Meeting of Council held on 27th October 2009.

MOTION: (2057/09) That the Minutes of the Ordinary Meeting of Council held on 27th October 2009 be taken as read and confirmed. Crs Centofanti /Beech CARRIED

4: ADJOURNED ITEMS: - Nil 5: PETITIONS: - Nil Cr Kanakaris entered the Chamber at 6.02 p.m. 6: DEPUTATIONS / ADDRESS:

6.1 Adrian Pipe, Be Active Field Officer Be Active Project Officer 6 monthly update, future directions, Continuation of the Role, (Commenced 6.02 p.m. – Concluded 6.13 p.m.) 6.2: Chris Bishop, YMCA Review from 2008/09, 2009/10 Business Plan, Program Objectives, Marketing and Promotions, Risk Management, Year to Date. (Commenced 6.14 p.m. – Concluded 6.30 p.m.) 6.3: Hon. Karlene Maywald MP – Whole of Basin Plan – apology

7: MOTIONS WITH NOTICE: 7.1 Cr T Chapple: Re: Removal of temporary earth bank at Nappers Bridge.

MOTION: That Council request that the Minister for the River Murray and Water Security immediately have the temporary earth bank and culverts at Nappers Bridge removed to allow Lake Bonney to be reconnected to the River Murray. Crs Chapple / Rolfe

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6082

FORMAL MOTION: (2508/09) That the motion “lie on the table” (until more information is gathered and a report from the CEO is submitted on the matter). Crs Centofanti / Fletcher CARRIED

8: QUESTIONS ON NOTICE: - Nil 9: ELECTED MEMBERS REPORTS: 9.1 MAYOR’S REPORT: MOTION: (2509/09)

That the Mayor’s Report be received. Crs Rolfe / Fletcher CARRIED

9.1.1 REF: 9.24.1 SUBJECT:

9.24.1 Passing of Former Residents

Since the last meeting of Council held on 27th October 2009 the following

deaths have been noted: Violet Mavis Jane WHITEHEAD; Peter KIDMAN; Madeline Yvonne “Mikki” CURREN; Pamela Ruth MORRIS; Karl George KNOLL; Irene Mavis POULTON; Lino “Charlie” MENINI; and Dorothy Mavis “Dot” TAPE.

9.1.2 REF: SUBJECT:

9.24.1 Functions / Meetings attended since last meeting:

23 October Attended the Playspace Family Fun Day in Barmera 27 October Attended the Murray Mallee Local Service Area Zone Emergency

Management meeting in Mannum; Attended Ordinary meeting of Council 28-30 October With the D/Mayor attended the Local Government Association AGM &

Conference in Adelaide 30 October Attended the opening of the Riverland Vietnam Veterans Association

and Post World War 2 Veterans Memorial by Brigadier Richard Burr

31 October Welcomed competitors and visitors of the Ski Racing Australia SA Division Association to Berri Attended the Monash & Lone Gum Association and the Monash Tennis Clubs Halloween Night and officially turned on their new Air Conditioners

7 November Opened the New Riverland Dog Training & Kennel Club facilities at the Riverland Exhibition Centre

10 November Attended the Strategic Planning & Review Committee meeting 11 November Attended the Barmera Remembrance Day Service 13 November Attended the Riverland Futures Taskforce meeting 17 November Attended the Development Assessment Panel meeting 18 November Attended the Berri District Youth Club Awards Presentation Night 21 November Ann and I attended the United Utilities AWA South Australian Water

Awards 2009 Annual Presentation Dinner together with Greg and Sally Perry

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6083

9.2 COUNCILLORS / DELEGATES / REPRESENTATIVES REPORTS:

Cr Casey: 30 October Attended the opening of the Riverland Vietnam Veterans Association and Post

World War 2 Veterans Memorial by Brigadier Richard Burr 10 November Attended the Strategic Planning & Review Committee meeting 11 November Attended the Berri Remembrance Day Service 17 November Attended the Development Assessment Panel meeting

Cr Beech: 28 October Attended the Senior Citizens Christmas Party Meeting

„‟ Attended the opening of Touch Football SA 30 October Attended the opening of the Riverland Vietnam Veterans Association and Post

World War 2 Veterans Memorial by Brigadier Richard Burr 10 November Attended the Strategic Planning & Review Committee meeting 11 November Attended the Berri Remembrance Day Service 17 November Attended the Development Assessment Panel meeting 20 November Attended the Berri Merry Christmas 24 November Attended the Council Grants Presentation

Cr Fletcher: 10 November Attended the Strategic Planning & Review Committee meeting Cr Richardson: 28-30 October

Attended with the Mayor attended the Local Government Association AGM & Conference in Adelaide

30 October Attended with the Mayor and other Councillors, attended the opening of the Riverland Vietnam Veterans Association and Post World War 2 Veterans Memorial By Brigadier Richard Burr

4 November Attended a meeting of the Riverland Recreation and Sport Steering Committee in the Berri Council offices

20 November Attended the Berri Merry Christmas

Cr Kanakaris: 2 November Attended the Lake Bonney Management Committee meeting 10 November Attended the Strategic Planning & Review Committee meeting 17 November Attended the Development Assessment Panel meeting Cr Chapple: 30 October Attended the opening of the Riverland Vietnam Veterans Association and Post

World War 2 Veterans Memorial by Brigadier Richard Burr 31 October Attended the Monash and Lone Gum Association and Monash Tennis Club

Halloween and turning on of the new air conditioners event with Cr Higgs. 4 November Attended the Berri Traders breakfast meeting 9 November Attended the Murray Darling Association meeting 10 November Attended the Strategic Planning & Review Committee meeting Cr Higgs: - Apology

Cr Rolfe: 30 October Attended the opening of the Riverland Vietnam Veterans Association and Post

World War 2 Veterans Memorial by Brigadier Richard Burr 11 November Attended the Barmera Remembrance Day Service 23 November Hospital advisory committee

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6084

Cr Centofanti: 28 October Attended the opening of Touch Football SA 30 October Attended the opening of the Riverland Vietnam Veterans Association and Post

World War 2 Veterans Memorial by Brigadier Richard Burr 4 November Attended the recognition and thank you for the depot staff for their contribution to

projects completed this year 10 November Attended and Chaired as the Presiding Member the Strategic Planning & Review

Committee meeting with David Altmann 11 November Attended the Berri Remembrance Day Service and laid the Council wreath on

behalf of the Deputy Mayor 17 November Attended the Development Assessment Panel meeting 20 November Attended the Berri Merry Christmas Cr Hill: 9 November Attended the Murray Darling Association meeting 10 November Attended the Strategic Planning & Review Committee meeting 16 November Attended the Riverland Local Government NRM Advisory group meeting held in

Berri

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6085

10: EXECUTIVE / CORPORATE SERVICES: 10.1 EXECUTIVE / CORPORATE SERVICES REPORTS: MOTION: (2510/09)

That Executive / Corporate Services Reports numbered 10.2 to 10.11 inclusive be received and contents noted. Crs Kanakaris / Chapple CARRIED

10.2 Appointment of Deputy Mayor for 12 month period commencing November 2009 REF: 9.33.2 OFFICER: CEO MOTION: (2511/09)

That Cr Chapple be appointed to the position of Deputy Mayor for a 12 month period, concluding at the Periodic Elections 2010. Crs Fletcher / Richardson CARRIED.

10.3 Appointment of Presiding Members (or Chairmen) of Standing Committees for 12 month

period commencing November 2009, pursuant to Section 41 of the Local Government Act, 1999

REF: 9.33.2 OFFICER: CEO MOTION: (2512/09) (1) That Council confirm the Presiding Member (Chairman) to each of the following

Standing Committees of Council, viz: Asset Management Committee (Cr B Richardson) Strategic Planning and Review Committee (Cr R Centofanti) Project Monitoring Committee (Cr T Chapple)

(2) That the term of Office for appointment of the Presiding Officer (Chairman) be 12 months, to conclude at the Periodic Elections 2010.

Crs Beech / Fletcher CARRIED

10.4 Members Allowances – Mayor, Deputy Mayor, Presiding Members (Chairmen) and Elected Members for 12 month period commencing November 2009

REF: 9.33.1 OFFICER: CEO MOTION: (2513/09) That all Member Allowances for the 2009/10 period remain the same as the 2008/09 period. Crs Chapple / Centofanti CARRIED

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

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10.5 Change of December 2009 Council Meeting date and time / Office opening hours over festive season

REF: 9.24.1 & 9.24.2 OFFICER: CEO MOTION: (2514/09) That the December 2009 meeting of Council scheduled for Tuesday 22nd December

commencing at 6.00 pm be changed to Tuesday 15th December 2009 commencing at 5.30 pm, with the Chief Executive Officer providing public notice of the changes pursuant to Section 84 of the Local Government Act 1999. Crs Fletcher / Centofanti CARRIED

10.6 Dean Newbery & Partners – Management Letter, 2009 Balance Date External Audit REF: 7.73.1 OFFICER: MCS

10.7 MMLGA – Regional Development Australia (Murraylands and Riverland) - Amalgamation with

Riverland Development Corporation REF: 9.14.3 OFFICER: CEO MOTION: (2515/09) (1) To facilitate the transition to Regional Development Australia (RDA), Council agrees to

the amalgamation of the Riverland Development Corporation to transition to Regional Development Australia – Murraylands and Riverland.

(2) That Council agrees to continue to fund the RDB should transition be finalised after 31 December 2009 and if funds for the RDB are necessary.

Crs Beech / Richardson CARRIED

10.8 Electoral Commission SA – Elector Representation Review REF: 9.34.3 I091106-6151 OFFICER: CEO

10.9 Telstra - Payphone Services REF: 19.85.1 I091026-4499 OFFICER: CEO MOTION: (2516/09)

That the CEO prepare a Media Release advising residents of Telstra’s intentions to remove or upgrade public phone services within the district. Crs Chapple / Richardson CARRIED

10.10 Budget Review by Function – 31 October 2009 REF: 7.11.1 OFFICER: MCS

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

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10.11 YMCA – Barmera Recreation Centre & Hayden Stoeckel Pool REF: 7.11.3; 14.21.2 OFFICER: CEO

10.12 Fire & Emergency Services Act – Part 4A Authorisation for Metropolitan & Country Councils

– Delegations to CEO REF: 9.3.1 OFFICER: CEO MOTION: (2517/09)

(1) In accordance with changes that came into effect on November 1st 2009 in relation to Part 4A of the Fire and Emergency Services Act 2005, the Council hereby revokes its previous delegations to the Chief Executive Officer (that became effective 23rd June 2009), those powers and functions in relation to the above named Act. (2) In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the Fire and Emergency Services Act 2005 and the Fire and Emergency Services Regulations 2005 that came into effect of 1st November 2009 are hereby delegated this 24th day of November 2009 to the person occupying the office of Chief Executive Officer. Crs Rolfe / Richardson CARRIED

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

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11: COMMUNITY SERVICES: 11.1 COMMUNITY SERVICES REPORTS:

MOTION: (2518/09) That Community Service Reports 11.2 – 11.9 be received and contents noted. Crs Rolfe / Chapple CARRIED

11.2 Riverland Tourism Association – Minutes of Meeting held 2nd November 2009 REF: 17.14.3 I091110-4474 OFFICER: Community Development Officer MOTION: (2519/09) That the minutes of the Riverland Tourism Marketing Committee meeting held on the 2nd

November 2009 be received. Crs Beech / Casey CARRIED

11.3 Quarterly Report – Community Development Officer REF: 17.73.2 OFFICER: CDO

11.4 Youth Services Report REF: 17.73.2 OFFICER: Youth Development Officer

11.5 Youth And Council Unite minutes REF: 17.14.1 OFFICER: Youth Development Officer MOTION: (2520/09) That the minutes of the Youth and Council Unite Committee meetings held on 19th August

2009, 23rd September 2009 and 21st October 2009 be received. Crs Kanakaris / Casey CARRIED

11.6 Library Reports – Berri Library & Information Centre and Barmera Library & Customer

Service Centre REF: 9.21.1 OFFICER: LM (P. Ison) and Team Leader’s Report (P. Germein)

11.7 The Berri Visitor Information Centre Quarterly Report REF: 4.73.1, 4.12.2 OFFICER: Nicki Millington - Manager Berri Visitor Information Centre

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

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11.8 Sponsorship Request – Berri Merry Christmas REF: 17.41.5 OFFICER: Community Development Officer

MOTION: (2521/09) That Council approves a $1500 sponsorship to the 2009 Berri Merry Christmas event and

that the Berri Traders be advise that future requests must be submitted in line with the timetable and criteria of the Community Grants.

Crs Rolfe / Chapple CARRIED

11.9 Be Active Field Officer Project REF: 17.50.1 OFFICER: Community Development Officer MOTION: (2522/09) That Council:

1) Support and endorse the application for continued funding from the Office for Recreation and Sport

2) (Subject to successful grant application) continue to provide in kind support and financial support of $14,000 (2010/11), $15,000 (2011/12) and $16,000 2012/13) to the Regional Be Active Field Officer Project for a further three (3) years, 2010-2013.

Crs Centofanti / Rolfe CARRIED

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

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12: INFRASTRUCTURE SERVICES: 12.1 INFRASTRUCTURE SERVICES REPORTS: MOTION: (2523/09)

That Infrastructure Services Reports numbered 12.2 to 12.5 inclusive be received and contents noted. Crs Richardson / Casey CARRIED

12.2 Status of Works Report – RCLIP Projects; Lake Bonney Foreshore Development; Berri

Marina Upgrade; Nookamka Terrace Footpath and Simes Street Construction REF: 9.24.1 OFFICER: MIS

12.3 Depot Works Roster – Christmas / New Year Period REF: 9.24.1, 12.35.2 OFFICER: MIS

12.4 Roads to Recovery 3 – (2009 to 2014) REF: 9.24.1, 7.41.1 OFFICER: MIS

12.5 Barmera Netball Court - Reseal REF: 9.24.1, A6441 OFFICER: MIS MOTION: (2524/09)

That the budget line for the Barmera Netball Reseal Court project be increased to $21,000 enable this project to be completed. Crs Rolfe / Kanakaris CARRIED

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

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13: ENVIRONMENTAL SERVICES: 13.1 ENVIRONMENTAL SERVICES REPORTS: MOTION: (2525/09)

That Environmental Services Reports numbered 13.2 to 13.10 inclusive be received and contents noted. Crs Rolfe / Fletcher CARRIED

13.2 Berri Barmera Development Plan – Position Paper REF: 3.71.7 OFFICER: DO-P, MES MOTION: (2526/09) That Council adopts and endorses the Development Plan Review Position Paper, and

utilises the findings of the Paper in the upcoming Riverland Futures Development Plan Review process. Crs Centofanti / Kanakris CARRIED

13.3 Vaughan Terrace Toilets REF: 3.71.4 OFFICER: MES, DO-B

13.4 Minutes of the Berri Barmera Building Fire Safety Committee meeting held 26 June 2009 REF: 3.71.14 OFFICER: MES, DO-B MOTION: (2527/09) That the Minutes of the Building Fire Safety Committee Meeting held 26 June 2009 be

received. Crs Hill / Kanakaris CARRIED

13.5 Lake Bonney Management Committee meeting held 7 September 2009 REF: 9.21.4 OFFICER: MES MOTION: (2528/09) That the Minutes of the meeting dated 7 September 2009 be received.

Crs Beech / Centofanti CARRIED

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6092

13.6 Martin Bend Caretakers Cottage REF: 16.18.3, 16.6.1, A5944 OFFICER: MES, DO-B MOTION: (2529/09) That council:

1) adopt option (1) as the preferred method to ensure the caretaker facilities at Martin Bend are appropriate, and

2) use $8000 from savings made in the dog pound project to fund the extra costs. Crs Chapple / Rolfe CARRIED

13.7 Road Closure – Monash CFS Carols Night 16 December 2009 REF: 20.16.1 OFFICER: GI MOTION: (2530/09) The Berri Barmera Council exercises the power pursuant to Section 33 of the Road Traffic

Act 1961 and Clause ”F” of the instrument of General Approval of the Minister dated 12

March 2001 to: 1) Pursuant to Section 33(1) of the Road Traffic Act 1961 hereby make an order directing that Randell Terrace between Madison Street and Mullers Meat Store, Monash, be closed to traffic from: 6.00pm Wednesday 16th December 2009 until 12.00 midnight 16th December 2009 for Monash CFS Carols Night. 2) Pursuant to Section 33 (1) (b) of the Road Traffic Act 1961 hereby make an order directing that persons taking part in the event be exempt from the duty to observe the Australian Road Rules relating to pedestrian behaviour. Crs Beech / Richardson CARRIED

13.8 Development Plan Consents for October 2009 REF: 9.24.1, 3.71.4 OFFICER: DO-P

13.9 Development Assessment Panel REF: 9.24.1, 3.71.4, 3.71.3 OFFICER: DO-P

13.10 Building Approvals for October 2009 REF: 3.71.4 OFFICER: DO-B

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6093

14: QUESTIONS WITHOUT NOTICE: 15: MOTIONS WITHOUT NOTICE: (2531/09)

That Council obtain a quote for assessment of Council’s irrigation system to ascertain if they are working at a suitable level. Crs Chapple / Centofanti CARRIED

16: CONFIDENTIAL ITEMS: 16.1 Barking Dog Prosecution MOTION (EXCLUSION): (2532/09)

That pursuant to Sections 90(2) and 90(3)(h) of the Local Government Act 1999 the Council orders that the public be excluded with the exception of the Chief Executive Officer and senior staff present on the basis that it will receive, consider and discuss correspondence relating to “Dog Barking Prosecution” and the Council is satisfied that the principle, being that the meeting should be conducted in a place open to the public, is outweighed in relation to the matter because receiving, considering and discussing the matter involves: 90(3)(h) legal advice Crs Centofanti / Rolfe CARRIED

16.1.1 Dog Barking Prosecution REF: 1.71.2, A4649 OFFICER: MES, GI

Confidential Motion: (2533/09)

MOTION (ORDER): (2534/09) That pursuant to Sections 91(7) and (9) of the Local Government Act 1999, the Council

orders that the minutes and all reports and associated documents considered and discussed in regard to “Barking Dog Prosecution” remain confidential and not available for public inspection, for a period of 12 months from the date of the meeting (viz. 24 November 2010) and notes that this order is to be reviewed in 12 months time. Crs Rolfe / Richardson CARRIED

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6094

16.2 Residential Development – Lake Bonney Youth Camp

MOTION (EXCLUSION): (2535/09) That pursuant to Sections 90(2), 90(3)(b)(i) and 90(3)(d)(i) of the Local Government Act 1999 the Council orders that the public be excluded with the exception of the Chief Executive Officer and senior staff present on the basis that it will receive, consider correspondence relating to “Lake Bonney Youth Camp Development” and the Council is satisfied that the principle, being that the meeting should be conducted in a place open to the public, is outweighed in relation to the matter because receiving, considering and discussing the matter involves: 90 (3)(b) .. information the disclosure of which - (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and 90 (3)(d) .. commercial information of a confidential nature (not being a trade secret) the disclosure of which - (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; Crs Richardson / Beech CARRIED

16.2.1 Residential Development – Lake Bonney Youth Camp

REF: I091116-6247; A800; 3.3.1 OFFICER: CEO

Confidential Motion: (2536/09)

MOTION (ORDER): (2537/09) That pursuant to Sections 91(7) and (9) of the Local Government Act 1999, the Council

orders that the minutes and all reports and associated documents considered and discussed in regard to “Residential Development – Lake Bonney Youth Camp” remain confidential and not available for public inspection, for a period of 12 months from the date of the meeting (viz. 24th November 2010) and notes that this order is to be reviewed in 12 months time. Crs Chapple / Kanakaris CARRIED

Berri Barmera Council - Minutes of Ordinary Council Meeting held 24th November 2009

Page 6095

RESUMPTION OF OPEN COUNCIL: The Council Meeting resumed open Council after considering Confidential Report Items 16.1 and

16.2

17: CLOSURE: The Meeting closed at 7.45 p.m. Confirmed: DATE: , 2009 MAYOR: ………………………………….. P.R. HUNT


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