1.

Apologies

11/23

RESOLVED on the motion of Crs Nadin and Seckold

That the apology of Cr Joy Robin be noted.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

2.

Confirmation of Minutes

12/23

RESOLVED on the motion of Crs Nadin and Seckold

That the Minutes of the Ordinary Meeting held on 15 February 2023 as circulated, be taken as read and confirmed.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

Movement of item 10.9

13/23

RESOLVED on the motion of Crs Nadin and Allen

That Item 10.9 Road Closure – McDonald Road, Wandella be moved forward in the agenda to be dealt with now.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.9

Road closure - McDonald Road, Wandella

14/23

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council considers the submissions received regarding the proposal to close the Council public road within Lot 541 DP 859896 and Lot 45 DP 752164 at McDonald Road, Wandella.

2.    That Council approves to proceed with the road closure proposal as advertised in accordance with Section 38D of the Roads Act 1993 (NSW).

3.    That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure, creation of the right of carriageway and subsequent sale of land to the applicant for nil compensation noting the offsetting effect on depreciation in this instance.

4.    That Council’s internal road closure application fees be waived and Council’s legal costs be borne by the applicant capped at $3,500.

5.    That all third-party legal costs associated with the road closure process be borne by the applicant.

In favour:             Crs Fitzpatrick, Nadin, Griff, Allen, Porter, O'Neil and Wright

Against:                  Cr Seckold

Absent:                    Cr Robin

8.1

Support of planning proposal for water infrastructure

15/23

RESOLVED on the motion of Crs Nadin and Allen

That Council:

1.    Resolve to support the planning proposal to amend Bega Valley Local Environmental Plan 2013 to rezone 43 Red Gum Road, Yellow Pinch (Part of Lot 882 DP789858) from C3 Environmental Management to SP2 Infrastructure.

2.    Authorise Council officers to submit the planning proposal (Attachment 1) and supporting information to the Department of Planning and Environment for Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.    Authorise Council officers to place the planning proposal on public exhibition following Gateway Determination.

4.    Authorise Council officers, subject to the conditions of the Gateway Determination and         providing no substantial changes to the planning proposal are required and no objection         received during exhibition, to progress the planning proposal to finalisation without a further         report to Council.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

8.2

Reporting of minutes for committees with delegated authority and advisory committees

16/23

RESOLVED on the motion of Crs O'Neil and Nadin

That Council note the report and the Bega Eden Merrimans (BEM) Committee, Access and Inclusion Advisory Committee (AIAC), Cemetery Advisory Committee, Montreal Goldfields Committee and General Community Hall Committee November meeting minutes which are appended to the report.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

8.3

Additions to Agriculture Produce Industry (erection of milk silos) Clause 4.6 Variation to height limit in BVSC LEP 2013

Cr Allen declared a pecuniary interest regarding Item 8.3 Additions to Agriculture Produce Industry (erection of milk silos) clause 4.6 Variation to height limits in BVSC LEP 2013 report. Cr Allen advised he is a milk supplier in the area and is a shareholder.
A signed declaration form was tabled by Cr Allen, he will leave the chamber and not vote.

02:08 pm      Cr Allen left the meeting.

02:10 pm      Cr Allen returned to the meeting.

17/23

RESOLVED on the motion of Crs Nadin and Seckold

That Council:

1.    Assume the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notify the Department accordingly.

2.    Approve the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3.    Approve development application 2023.6 for Variation of Clause 4.6 (height limit) subject to the conditions of consent provided in Attachment 1.

4.    Notify those who made a submission of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Crs Allen and Robin

9.1

Reporting of minutes- sportsground advisory committee meeting 28 November 2022

18/23

RESOLVED on the motion of Crs Nadin and Wright

That Council receive and note the report and the Section 355 General Sportsground meeting minutes which are attached to this report.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

9.2

Appointment of volunteer representatives to Council committees

19/23

RESOLVED on the motion of Crs O'Neil and Griff

That Council:

1.    Appoint the following volunteers to the Central Waste Facility (CWF) consultative committee for the 2023-2024 term:

·    Jane Love

·    Natalie Lyons

·    Robert Cechet

2.    Appoint the following volunteers to the various sportsground site committees for the term of the current Council:

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

9.3

Request for Tender (RFT) 2223-051 Bega sewer pump station (SPS) renewals

20/23

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendations outlined in the confidential attachment

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

21/23

RESOLVED on the motion of Crs Allen and Nadin

2.    That Council accepts the tender from Dekort Pumps in relation to contract for the works described in tender RFT 2223-051, in the amount of $824,992.29 (including GST), subject to variations, provisional sums and prime cost items.

3.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

4.    That all tenderers be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

9.4

Request for Tender (RFT) 2223-034 Collection and transfer of bins from waste transfer sites

22/23

RESOLVED on the motion of Crs O'Neil and Seckold

1.    That Council accept the recommendation as outlined in the attached confidential memo.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

23/23

RESOLVED on the motion of Crs O'Neil and Seckold

2.    That Council accept the tender from Cleanaway Industrial Solutions Pty Ltd in relation to contract services described in the tender RFT 2223-034 Collection and transfer of bins from waste transfer sites, on the amount of $411,185.00 (including GST) for the first year and increasing annually based on CPI and service statistics over the 5 year contract period.

3.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

4.    That all tenderers be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

9.5

Bega Valley Local Traffic Committee

24/23

RESOLVED on the motion of Crs Porter and Nadin

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 7 February 2023.

1.    ANZAC Day March and Service 25 April 2023 – Bega, Bemboka and Tathra

1.      That the proposed traffic arrangements for the Bega RSL sub branch ANZAC Day March and Service in Bemboka be approved and deemed a Class 1 Special Event.

2.      That the proposed traffic arrangements for the Bega RSL sub branch ANZAC Day Dawn Service, March and Service in Bega, ANZAC Day Dawn Service and March and Service in Tathra be approved and deemed a Class 2 Special Event.

3.      That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra be temporarily closed on Tuesday, 25 April 2023 for the Bega RSL Sub branch ANZAC Day proceedings, as per the Traffic Guidance Schemes.

4.      That the temporary closure of the Snowy Mountains Highway, Bemboka is solely for Transport for NSW determination.

5.      Subject to approval of site-specific Traffic Guidance Scheme (TGS).

6.      That the above event organiser arranges their own accredited traffic control staff to implement and manage the relevant TGS.  

7.      That the event organiser arranges the pick-up and drop off on any signage used through Council.

8.      That the event operates strictly under the NSW Health Department COVID19 conditions.

9.      That after the event, organisers are to clean up any rubbish or waste left behind.

2.    ANZAC Day March and Service 25 April 2023 – Candelo

1.      That the proposed traffic arrangements for the Candelo RSL sub branch ANZAC Day Service on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

2.      That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Tuesday, 25 April 2023 for the Candelo RSL sub branch ANZAC Day Service, in accordance with Traffic Guidance Scheme (TGS).

3.      Subject to approval of site specific TGS.

4.      That the above event organises their own accredited traffic control staff to implement and manage the relevant TGS.

5.      That the event organiser arranges the pick-up and drop off on any signage used through Council.

6.      That the event operates strictly under the NSW Health Department COVID19 conditions.

7.      That after the event, organisers are to clean up any rubbish or waste left behind.

3.    ANZAC Day March and Service 25 April 2023 – Merimbula, Pambula and Wolumla

1.       That the proposed traffic arrangements for the Merimbula RSL sub branch ANZAC Day Dawn Service, March and Service in Merimbula on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

2.       That the proposed traffic arrangements for the Wolumla RSL sub branch ANZAC Day March and Service in Wolumla on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

3.       That the proposed traffic arrangements for the Merimbula RSL sub branch ANZAC Day March and Service in Pambula on Tuesday, 25 April 2023 be approved and deemed a Class 1 special event.

4.       That sections of Main Street, Market Street and Beach Street, Merimbula and Quondolo Street (Princes Highway), Pambula and Scott and Bega Street in Wolumla be temporarily closed on Tuesday, 25 April 2023 for the Merimbula RSL Sub-Branch ANZAC Day Dawn Service, March and Service in Merimbula and March and Service in Pambula and Wolumla, in accordance with the Traffic Control Schemes.

5.       That the temporary closure of the Princes Highway, Pambula is a matter solely for Transport for NSW Road Occupancy Licence determination.

6.       Subject to approval of site specific TGS.

7.       That the above event organiser arranges their own accredited traffic control staff to implement and manage the relevant TGS. 

8.       That the event organiser arranges the pick-up and drop off on any signage used through Council.

9.       That the event operates strictly under the NSW Health Department COVID19 conditions.

10.     That after the event, organisers are to clean up any rubbish or waste left behind.

4.    ANZAC Day March and Service 25 April 2023 – Cobargo

1.      That the proposed traffic arrangements for the Cobargo RSL sub branch ANZAC Day March on Tuesday, 25 April 2023 be approved and deemed a Class 1 special event.

2.      That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Tuesday, 25 April 2023 for the Cobargo RSL sub branch ANZAC Day March, in accordance with Traffic Control Plan.

3.      That the temporary closure of the Princes Highway, Cobargo is solely for Transport for NSW Road Occupancy Licence determination.

4.      Subject to approval of site specific TGS.

5.      That the above event organises their own accredited traffic control staff to implement and manage the relevant TGS.

6.      That traffic control staff are to direct all attendees off the Princes Highway before any service can commence.

7.      That the event operates strictly under the NSW Health Department COVID19 conditions.

8.      That after the event, organisers are to clean up any rubbish or waste left behind.

5.    ANZAC Day March and Service 25 April 2023 – Bermagui

1.      That the proposed traffic arrangements for the Bermagui RSL sub branch ANZAC Day March on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

2.      That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Tuesday, 25 April 2023 for the Bermagui RSL sub branch ANZAC Day March.

3.      Subject to approval of site specific TGS.

4.      That the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS.  

5.      That the event organiser arranges the pick-up and drop off on any signage used through Council.

6.      That the event operates strictly under the NSW Health Department COVID19 conditions.

7.      That after the event, organisers are to clean up any rubbish or waste left behind

6.    ANZAC Day March and Service 25 April 2023 – Eden

1.      That the proposed traffic arrangements for the Eden RSL sub branch ANZAC Day March on Tuesday, 25 April 2023 be approved and deemed a Class 2 Special Event.

2.      That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Tuesday, 25 April 2023 for the Eden sub branch ANZAC Day March, in accordance with the Traffic Control Schemes.

3.      Subject to approval of site specific TGS.

4.      That the above event organisers arrange their own accredited Traffic Control Staff to implement and manage the relevant TGS.

5.      That the event organiser arranges the pick-up and drop off on any signage used through Council.

6.      That the event operates strictly under the NSW Health Department COVID19 conditions.

7.      That after the event, organisers are to clean up any rubbish or waste left behind

7.    Candelo Village Festival – Saturday 22 April 2023

1.       That, subject to conditions, sections of William Street and Hood Street, Candelo be temporarily closed from 10.00am on Saturday, 22 April 2023 to 10.00pm on Saturday, 22 April 2023 for the Candelo Village Festival.

2.       That the proposed traffic arrangements involving the temporary closure of William Street and Hood Street, Candelo for the Candelo Village Festival on Saturday, 22 April 2023, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme, in accordance with Transport for NSW and WorkSafe Traffic Control Manuals.

3.       That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate TfNSW/WorkSafe accreditation.

4.       That organisers fully implement an approved Special Event Transport Management Plan.

5.       That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW by name for the event.

6.       That organisers have written Police approval prior to conducting the event.

7.       That the event organiser monitors the “Live traffic website” approximately 4 weeks prior to their event to ensure there are no road closures, other events, or road works to prevent this event from taking place.

8.       That the event achieves all conditions of DA 2008.0012, including parking provisions.

8.    Merimbula Police Station Driveway Proposal

That Council approve the installation, by the NSW Police Service, of “Keep Clear” pavement markings on Sapphire Coast Drive in front of the Merimbula Police Station driveway, to be accompanied by advisory signs stating “Do Not Queue Across Driveway”.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

9.6

Australian Government - Investing in Our Communities Program

25/23

RESOLVED on the motion of Crs Nadin and Wright

1.    Council gives in-principle support to apply for $500,000 as part of the Australian         Government’s ‘Investing in Our Communities’ Program under the following conditions:

a.      It be noted Council will not contribute any funds toward the project;

b.      Prior to preparing an application, staff provide a report to Council on the process of the how the project would likely take place – including any staged implementation - and the ongoing financial impacts associated with the skatepark;

c.       That any grant application be prepared in close consultation with Sapphire Skate Association Inc;

d.      That Council will not expend any funds in the preparation of the grant application, noting, however, there will be considerable staff time required (based on the funding guidelines);

e.      It be noted there is considerable work, time and resources required prior to having a ‘shovel ready’ skatepark project in Merimbula, including, but potentially not limited to, design, engineering and environmental assessments that must be included within any grant funding.

2.    The council gives in-principle support to Ford Park as the location for the new skate park,         with specific dimensions, designs, and location at Ford Park yet to be confirmed in a council         report.

3.    That Council commit to working with Sapphire Skate Association Inc to seek further external         funding to complete the Merimbula Skatepark upgrade.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.1

EOI 2223-043 Merimbula Airport General Aviation Precinct land leases

26/23

RESOLVED on the motion of Crs Nadin and Allen

That this item be deferred for discussion in Closed Session 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 (c) information that would. if disclosed, confer a commercial advantage on a person who the Council is conducting (or proposes to conduct) business.

In favour:             Crs Fitzpatrick, Nadin, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Cr Griff

Absent:                    Cr Robin

10.2

Report on Implementation of Council's Operational Plan 2022-23

27/23

RESOLVED on the motion of Crs O'Neil and Nadin

That Council:

Receive and note the 2022-23 Operational Plan progress report for the period 1 July 2022 to 30 December 2022.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.3

Acquisition of easement for Essential Energy infrastructure at Pambula Sporting Complex

28/23

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council makes an application to Crown Lands for a licence to construct a new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916.

2.    That Council provide Essential Energy with a bank guarantee in the amount of $10,000 to enable network connection prior to the acquisition of an easement being finalised.

3.    That once the substation is connected to Essential Energy’s network and is energised, the Crown Land licence be transferred to Essential Energy.

4.    That Council enter into a Customer Deed – Crown Land Acquisition with Essential Energy to acquire a formal easement for a new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916.

5.    That all costs associated with creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

6.    That the Chief Executive Officer and/or Mayor be authorised to execute all necessary         documentation in relation to this matter.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.4

Certificate of Investment February 2023

29/23

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the report on Council’s investment position at 28 February 2023.

2.    That Council notes the certification of the Responsible Accounting Officer.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.5

Presentation of Financial Statements and Qualified Audit Report for the Year Ended 30 June 2022

30/23

RESOLVED on the motion of Crs Allen and Nadin

That Council receive and note the report on Financial Year 2022 Audited Financial Statements and the qualified report on the conduct of the audit.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.6

Submission - Inquiry into the implications of severe weather events on the national regional, rural and remote road network

03:00 pm      Director Assets and Operations, Ian macfarlane left the meeting.

31/23

RESOLVED on the motion of Crs O'Neil and Allen

1.    That Council endorses the submission attached to this report submitted to the Federal Government Inquiry into the implications of severe weather events on the national, regional, rural, and remote network

2.    That the submission forms the basis of an ongoing advocacy platform to both levels of Government

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.7

Lincoln Place - Voluntary Planning Agreement

32/23

RESOLVED on the motion of Crs Nadin and Wright

1.    That Council receive and note the report.

2.    That Council progresses the public advertisement for the Voluntary Planning Agreement between Bega Valley Shire Council and Lincoln Place MHE Pty Limited for a period of 28 days in accordance with section 7.5(1) of the Environmental Planning & Assessment Act 1979 (NSW).

3.    That the Chief Executive Officer be authorised to execute the Voluntary Planning Agreement between Bega Valley Shire Council and Lincoln Place MHE Pty Limited and any necessary documentation to affect the creation of easements to drain water in favour of Council over the private land.

4.    That Council refer this matter to the Audit Risk and Improvement Committee (ARIC) for         review

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.8

Compensation to Bega Local Aboriginal Land Council - Bega Sporting Complex

A motion was moved by Crs O’Neil and Griff

1.    That Council receive and note the report.

2.    That authority be delegated to the Chief Executive Officer to negotiate with the Bega Local

        Aboriginal Land Council compensation for dispossession of claimable Crown land being Lot

        15 section 33 DP 758076 as outlined in this report

3.    That the offer for compensation should be capped at the value of the land as outlined in this         report which is the valuer generals land valuation.

4.    That the budget be adjusted at the next quarterly budget review to reflect the outcomes of

        this report noting the potential sources of funding outlined in this report.

5.    That authority be delegated to the Chief Executive Officer to execute on behalf of Council

        any documents associated with the matter.

A motion was foreshadowed by Cr Nadin

1.    That Council receive and note the report.

 2.   That authority be delegated to the Chief Executive Officer to negotiate with the Bega Local
        Aboriginal Land Council for dispossession of claimable Crown land being Lot
        15 section 33 DP 758076 as outlined in this report

3.    That Council’s initial offer be that we request the Bega Local Aboriginal Land Council         withdraw the land claim.

The motion was put to the vote and it was CARRIED.

In favour:             Crs Fitzpatrick, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Cr Nadin

Absent:                    Cr Robin

33/23

RESOLVED on the motion of Crs O'Neil and Griff

1.    That Council receive and note the report.

2.    That authority be delegated to the Chief Executive Officer to negotiate with the Bega Local

        Aboriginal Land Council compensation for dispossession of claimable Crown land being Lot

        15 section 33 DP 758076 as outlined in this report

3.    That the offer for compensation should be capped at the value of the land as outlined in this         report which is the valuer generals land valuation.

4.    That the budget be adjusted at the next quarterly budget review to reflect the outcomes of

        this report noting the potential sources of funding outlined in this report.

5.    That authority be delegated to the Chief Executive Officer to execute on behalf of Council

        any documents associated with the matter

In favour:             Crs Fitzpatrick, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Cr Nadin

Absent:                    Cr Robin

12.1

Alteration Motion | Road Closure – Calle Calle Street, Eden

34/23

RESOLVED on the motion of Crs Allen and Nadin

The reason that this motion is being put forward is to allow a clear pathway forward on Item 10.1 Road Closure – Calle Calle Street, Eden considered at the 15 February 2023 Council meeting.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

14.1

Cr O'Neil - NSW Government’s plan to allocate Developer Contributions

A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 22 March 2023.

15.1

Cr Porter – Could staff please report what actions have been taken to comply with the relevant recommendations for local government in response to Tathra - Reedy Swamp bushfires?

Cr Porter said last Saturday marked 5 years since the Tathra - Reedy Swamp bushfires.

A subsequent Coroner’s report released 15 months ago made recommendations that numerous changes be made across agencies involved to improve our resilience to such devastating events.

Could staff please report what actions have been taken to comply with the relevant recommendations for local government?

Chief Executive Officer, Anthony McMahon took the question on notice.

Adjournment Into Closed Session

35/23

RESOLVED on the motion of Crs Allen and Seckold

1.       That Council resolve to adjourn into Closed Session to discuss the following confidential items:

Reason for Confidentiality

That this item be deferred for discussion in Closed Session 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 (c) information that would. if disclosed, confer a commercial advantage on a person who the Council is conducting (or proposes to conduct) business.

2.    That pursuant to Section 10A of the Local Government 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).

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

Adjournment

36/23

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That the meeting be adjourned for 5 minutes.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.1

EOI 2223-043 Merimbula Airport General Aviation Precinct land leases

37/23

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council receive and note this report and Confidential Report attached.

2.    That Council notes the Expression of Interest process for the Merimbula Airport General         Aviation Precinct land leases has now closed.

3.    Council progress negotiations with submissions numbered 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14,         15, 16, 17, 19 and 20 that submitted an EOI response based on providing the best financial         return to Council and their willingness to enter into a head of agreement for lease which may         include Council owning buildings specifically on lots 1-9 and 15-20.

4.    Council negotiates with both submission number 1 and 8 who are both seeking to develop         fuel facilities in the GA Precinct with the view to enter into a lease with only one fuel provider       in addition to the existing BP lease site, based on providing the best financial return to    council.

5.    Notify submission number 18 - that council will not be progressing with an extension of         tenure for their current sub-lease site or offering space within the GA Precinct as their         proposed use is not compatible with the adopted Master Plan and do not progress their EOI         further.

6.    Notify submission number 5 - that council will not be progressing with an extension of         tenure for their current lease site as requested as this site conflicts with the adopted Master         Plan which aims for further development of the RPT infrastructure, including terminal         expansion, RPT apron and future carparking.

7.    Council continues to negotiate with submission number 5 - with a view to relocating this         business into the GA Precinct.

8.    A further report be provided pending the outcomes of negotiations

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin