1.

Apologies

That the apology of Cr David Porter be noted.

2.

Confirmation of Minutes

29/25

RESOLVED on the motion of Crs Nadin and Noble

That the Minutes of the Ordinary Meeting held on 19 March 2025 as circulated, be taken as read and confirmed.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

8.1

13 Lot Subdivision, Part Lot 200 DP 1235728, Lakewood Drive - Merimbula

30/25

RESOLVED on the motion of Crs Allen and Haggar

1.    That Council accepts the proposed dedication of land as Public Reserve as indicated in the subdivision plan provided as Attachment 1.

2.    That Council gives notice of its intention to classify the land proposed for dedication and currently known as Lot 200 DP 1235728 as operational land under section 34 of the Local Government Act 1993 (NSW) upon registration of the plan of subdivision.

3.    That Development Application 2013.217 for the subdivision of land to create 13 residential lots, public road and creation of public reserve be approved, subject to the conditions of consent provided in Attachment 3.

4.    That those parties who made a submission be advised of Council’s decision.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

8.2

Construction of Multi Dwelling Housing (34 Dwellings) at 9-15 Tuross Lane and Carnago Street, Bermagui

31/25

RESOLVED on the motion of Crs O'Neil and Nadin

1.    That Development Application 2023.214 for Multi Dwelling Housing (34 Units) be approved subject to the draft conditions of consent (Attachment 5).

2.    That people who made a submission be notified of this determination.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

8.3

Development assessment service review

A motion was moved by Crs Nadin and O’Neil

1.    That Council endorses the scope at Attachment 1 for an external review of Council’s development application process.

2.    That Council endorses the budget allocation as described in the confidential attachment.

3.    That Council authorises the Chief Executive Officer to engage an appropriate consultant following Council’s approved procurement processes.

4.    That Council notes a further report will be provided to Council at the conclusion of the review.

A motion was foreshadowed by Cr Fitzpatrick

That Council do not proceed with the review on the following basis:

·         The estimated cost does not represent a priority use of Council funds

·         The NSW Government is currently reviewing the planning system which has a significant impact on Councils ability to process development applications

·         Staff have already identified and been implementing improvement opportunities which have led to significantly improved assessment times

The motion was put to the vote and it was CARRIED

In favour:             Crs Daly, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Crs Allen and Fitzpatrick

Absent:                    Cr Porter

32/25

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That Council endorses the scope at Attachment 1 for an external review of Council’s development application process.

2.    That Council endorses the budget allocation as described in the confidential attachment.

3.    That Council authorises the Chief Executive Officer to engage an appropriate consultant following Council’s approved procurement processes.

4.    That Council notes a further report will be provided to Council at the conclusion of the review.

In favour:             Crs Daly, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Crs Allen and Fitzpatrick

Absent:                    Cr Porter

8.4

Development Application statistics - January to March 2025

33/25

RESOLVED on the motion of Crs O'Neil and Haggar

That Council note the information contained in this report.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.1

Adoption of the DRAFT Waste Strategy 2025-2035: Resources Not Waste and Public Exhibition Listening Report

34/25

RESOLVED on the motion of Crs O'Neil and Nadin

That Council:

1.    Note the Listening Report from the ‘Have Your Say’ campaign.

2.    Adopt the Waste Strategy 2025-2035: Resources Not Waste.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.2

Reporting of minutes for committees with delegated authority and advisory committees

35/25

RESOLVED on the motion of Crs Nadin and Daly

1.    That Council note the report and the minutes for:

·    the Access and Inclusion Advisory Committee meeting for November 2024

·    the General Community Hall Committee meeting for November 2024

·    the Cemetery Advisory Committee meeting for November 2024

·    the Section 355 The General Sportsground Committee meeting for December 2024.

2.    That Council appoints the following additional volunteer to the General Community Hall Committee for the term of the current Council:

·    Dave Boulton

3.    That Council appoints the following additional volunteer to the Cemetery Advisory Committee for the term of the current Council:

·    Jody Lloyd

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.3

Public exhibition of draft Wolumla Flood Study

36/25

RESOLVED on the motion of Crs Haggar and Allen

1.    That the draft Wolumla Flood Study be exhibited for a period of not less than 28 days.

2.    That a further report be presented to Council for final endorsement of the Wolumla Flood Study considering any submissions received.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.4

Bega Valley Local Traffic Committee March 2025

37/25

RESOLVED on the motion of Crs Haggar and Daly

That Council adopt the recommendations of the Bega Valley LTC meeting held on 18 March 2025 as outlined below:

WinterSun Festival – Merimbula – Saturday 7 June 2025

1.    That, subject to conditions, a section of Market Street from Hylands Corner to Merimbula bypass traffic lights (excluding Park Street bypass and Monaro Street) and Beach Street up to but not including Alice Street be temporarily closed between 8.00am and 9.00pm on Saturday, 7 June 2025 for the WinterSun Festival.

2.    That the proposed traffic arrangements involving the temporary closure of Market Street from Hylands Corner to Merimbula bypass traffic lights (excluding Park Street bypass and Monaro Street) and Beach Street up to but not including Alice Street for the WinterSun Festival on Saturday, 7 June 2025, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the Safe work NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

3.    That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road.  

        a.    The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access

        b.    At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient.

4.    The TGS is to include 40kph speed reduction signs in advance.

5.    That persons involved in the preparation and implementation of the TGS must hold the appropriate SafeWork NSW accreditation.

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

7.    That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name as an interested party for the event.

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

9.    That organisers apply to TfNSW for a current Road Occupancy Licence (ROL).

10.  That as a prerequisite of road closures, the event organisers must notify all, local an interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

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

ANZAC Day March and Service – Merimbula, Pambula and Wolumla - Friday 25 April 2025

1.    Merimbula: That the proposed traffic arrangements for the Merimbula ANZAC Day dawn service and morning March and service in Merimbula on Friday, 25 April 2025 be approved and deemed a Class 2 special event.

2.    That sections of Main Street, Market Street and Beach Street, Merimbula be temporarily closed on Friday, 25 April 2025 for the Merimbula ANZAC Day dawn service, March and morning service in Merimbula in accordance with the TGSs.

3.    Pambula: That the proposed traffic arrangements for the Merimbula ANZAC Day March and service in Pambula on Friday, 25 April 2025 be approved and deemed a Class 1 special event.

4.    Wolumla: That the proposed traffic arrangements for the Wolumla ANZAC Day March and service in Wolumla on Friday, 25 April 2025 be approved and deemed a Class 2 special event.

5.    That sections of Scott and Bega Street in Wolumla be temporarily closed on Friday, 25 April 2025 for the Wolumla ANZAC Day March and Service in Wolumla in accordance with the TGS.

6.    That sections of Quondola Street (Princes Highway), Pambula be temporarily closed on Friday, 25 April 2025 for the Pambula ANZAC Day morning March and Service in Pambula in accordance with the TGS.

7.    That the temporary closure of the Princes Highway, Pambula is a matter solely for TfNSW Road Occupancy Licence determination.

8.    That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road.

a.            The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access

b.             At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient.

9.    Subject to approval of site specific TGSs.

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

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

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

Bega Valley Rally – Saturday 7 & Sunday 8 June 2025

1.      That, subject to conditions, Niagara Lane / Comans Lane be temporarily closed between 10.00am and 2.00pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

2.      That, subject to conditions, Buckajo Road be temporarily closed between 11.30am and 3.30pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally

3.      That, subject to conditions, Coopers Gully Road be temporarily closed between 12.00pm and 4.00pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

4.      That, subject to conditions, Upper Cobargo Road be temporarily closed between 12.00pm and 4.30pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

5.      That, subject to conditions, Angledale Road be temporarily closed between 12.30pm and 5.00pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

6.      That, subject to conditions, Snake Track be temporarily closed between 8.00am and 12.00pm on Sunday, 8 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

7.      That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW Training Card.

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

9.      That, one month prior to the event date, all affected residents will be notified by letter drop advising them of the proposed changes to traffic movements. The letter must provide the residents with contact details of the event organisers.

10.   That, organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name for the event.

11.   That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

12.   That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

13.  That signage be displayed advising of Road Closures.

Restricted Parking signage – Merimbula Airport

Remove existing “Restricted Parking Area: Park in Bays Only” sign and “End Restricted Parking Area”.

Imlay Street, Eden – Implement “No Stopping” and upgrade of the existing “No Through” road signage

Install No stopping signs 3 metres from the bottom edge of the Driveway at 243 Imlay Street and 3 metres from the top edge of the Driveway at 194 Imlay Street to introduce a “No stopping area” at the cul-de-sac of Imlay Street, Eden.

Elizabeth Street and Fishpen Road, Merimbula

Install Give Way sign and line marking at the intersection of Elizabeth Street and Fishpen Road, Merimbula.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.5

Cattle crossing safety

38/25

RESOLVED on the motion of Crs Nadin and Allen

That Council advocate to State and Federal Governments to fully fund a cattle crossing improvement program to improve road user safety without negatively impacting the important agricultural sector.

 In favour:            Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.6

Merimbula Central Business District (CBD) playground

A motion was moved by Crs Nadin and Noble

1.    That the information in the report regarding costings for the requested options be received         and noted.

2.    That council commit to renewing the Merimbula CBD playground at a similar scale to existing         asset as part of the planned Merimbula CBD upgrade

3.    That council work with Colin Meares, who has offered to repair the current playground at his         expense to extend its life until a new playground is installed.

4.    That council either identify funds through the existing Federal funding deed for the         Merimbula CBD upgrades, or request a variation to include the playground if required, or         look at other grant options.

5.    Should funding not be feasible utilising the above sources identified in point 4 that a further         report be provided to Council.

6.    That Council note the content in this report related to the petition tabled at the 19 March         2025 Council meeting.

A motion was foreshadowed by Fitzpatrick

1.    That the information in the report regarding costings for the requested options be received         and noted.

2.    That council proceed with option 4 as noted in the council business paper

3.    That any funding required be reallocated from current year 24/25 Playground Renewal         budget.

4.    That Council note the content not this report related to the petition tabled at the 19 March         2025 Council meeting.

The motion was put to the vote and it was CARRIED

In favour:             Crs Allen, Daly, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Cr Fitzpatrick

Absent:                    Cr Porter

39/25

RESOLVED on the motion of Crs Nadin and Noble

1.    That the information in the report regarding costings for the requested options be received         and noted.

2.    That council commit to renewing the Merimbula CBD playground at a similar scale to existing         asset as part of the planned Merimbula CBD upgrade

3.    That council work with Colin Meares, who has offered to repair the current playground at his         expense to extend its life until a new playground is installed.

4.    That council either identify funds through the existing Federal funding deed for the         Merimbula CBD upgrades, or request a variation to include the playground if required, or         look at other grant options.

5.    Should funding not be feasible utilising the above sources identified in point 4 that a further         report be provided to Council.

6.    That Council note the content in this report related to the petition tabled at the 19 March         2025 Council meeting.

In favour:             Crs Allen, Daly, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Cr Fitzpatrick

Absent:                    Cr Porter

9.7

George Brown Pavillion Upgrade Draft Design

40/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    That council receive and note the information in the report and attachment.

2.    That council endorses the attached draft design for George Brown Pavilion Upgrade   to be         the final design for procurement and construction.

3.    That Council delegate authority to the Chief Executive Officer to make minor amendments to         design and project details if required. 

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.8

Request For Tender (RFT) 2425-042 - Merimbula Skate Park Construction

41/25

RESOLVED on the motion of Crs Haggar and Nadin

1.    That Council accepts the recommendations as outlined in the confidential memo.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

42/25

RESOLVED on the motion of Crs Haggar and Nadin

2.    That Council accept the tender from Drover Projects Pty Ltd in relation to contract for the works described in Tender RFT 2425-042, in the amount of $474,172.00 (excluding 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 and approve and manage contract variations under financial delegations in accordance with the contract.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.9

Request for Tender (RFT) 2425-038 Tathra Public Amenities Building Alterations and Additions

43/25

RESOLVED on the motion of Crs Mudaliar and Nadin

1.    That Council receive and accept the recommendations as outlined in the confidential memo.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

44/25

RESOLVED on the motion of Crs Mudaliar and Nadin

2.    That Council accept the tender from Bega Valley Construction Pty Ltd in relation to contract for the works described in Tender RFT 2425-038, in the amount of $497,274.55  (excluding 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 contract and project variations be managed under financial delegations up to the available project budget.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.10

Request for Tender (RFT) 2425-026 Big Jack Mountain Road Disaster Recovery Funding Arrangements (DRFA) Retaining Structure

45/25

RESOLVED on the motion of Crs Nadin and Allen

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

46/25

RESOLVED on the motion of Crs Nadin and Allen

2.    That Council accept the tender from John Michelin & Son Pty Ltd in relation to contract for the works described in Tender RFT 2425-026, in the amount of $524,327.00 (excluding GST),  (excluding GST), subject to variations, provisional sums and prime cost items.

3.    That authority be delegated to the CEO to execute all necessary documentation and approve contract variations up to the available allocated budget.

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

 In favour:            Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.11

Request for Tender (RFT) 2425-010 Bemboka Reservoir Replacement

47/25

RESOLVED on the motion of Crs O'Neil and Allen

1.    That Council accepts the recommendations as outlined in the attached confidential memo

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

48/25

RESOLVED on the motion of Crs O'Neil and Allen

2.    The Council ceases negotiations with the preferred tenderer and terminates activities under RFT 2425-010.

3.    That Council directly engages the preferred tank supplier, for supply and install of the new tank.

4.    That authority is delegated to the Chief Executive Officer to execute the exemption documentation for the purchase of the tank from the preferred tank supplier.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

9.12

Request for Tender (RFT) 2425-048 Stormwater Relining, Maintenance and CCTV Inspection Services

49/25

RESOLVED on the motion of Crs Daly and Noble

1.    That Council accepts the recommendations outlined in the attached confidential memo.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Nil

Absent:                    Crs Nadin and Porter

50/25

RESOLVED on the motion of Crs Daly and Noble

2.    That Council accepts the tender from Interflow Pty Ltd in relation to the contract for the works described in Tender RFT 2425-048 stormwater relining, maintenance and CCTV inspection services for the amount of $302,957.27 (excluding GST), subject to variations, provisional sums and prime cost items.

3.    That variations and amendments to the contract be managed under the existing Council financial delegations.

4.    That authority be delegated to the CEO to execute all necessary documentation.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Nil

Absent:                    Crs Nadin and Porter

9.13

Request for Tender (RFT) 2425-049 Road Stabilisation and Sealing Works

51/25

RESOLVED on the motion of Crs Allen and Noble

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Cr Nadin

Absent:                    Cr Porter

52/25

RESOLVED on the motion of Crs Allen and Noble

2.    That Council accepts the tender from Stabilcorp Pty Ltd in relation to the contract for the works described in Tender REFT 2425-049, for the lump sum amount of $709,582.00 (excluding GST), subject to variations, provisional items and prime cost items.

3.    That variations and amendments to the contract be managed under existing financial delegations.

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

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Cr Nadin

Absent:                    Cr Porter

9.14

Request for Tender (RFT) 2425-060 Design Services for Cuttagee Bridge

A motion was moved by Crs Allen and O’Neil

2.    That Council accept the tender from Chris O’Brien & Co. Pty Ltd. in relation to the contract described in Tender RFT 2425-060 Design Services for Cuttagee Bridge for $644,318.00 (excluding GST).

3.    That variations and amendments to the contract be managed under existing financial delegations.

4.    That authority be delegated to the CEO to execute all necessary documentation.

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

An amendment was proposed by Cr O’Neil

The amendment was accepted by Cr Allen

2.    That Council accept the tender from Chris O’Brien & Co. Pty Ltd. in relation to the contract described in Tender RFT 2425-060 Design Services for Cuttagee Bridge for $644,318.00 (excluding GST).

3.    That Council notes that the  designer will be working with the 2023 Design Guideline to         improve the appearance of bridges in NSW published by Transport for NSW as Bridge         Aesthetics, particularly the guideline on Modifications and additions to heritage bridges and         bridges of cultural value from page 102.

4.    That Council notes that the “hybrid” options that will be developed to 20 per cent by the         designers  under item A.3.2 of the agreement include timber substantive elements as in the         current         bridge structure and consideration of the overall appearance of the bridge in its         environment as part of the established character of that bridge and as having heritage         value.

5.    That variations and amendments to the contract be managed under existing financial delegations.

6.    That authority be delegated to the CEO to execute all necessary documentation.

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

The motion was put to vote and it was CARRIED

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

53/25

RESOLVED on the motion of Crs Allen and O'Neil

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

54/25

Note:

Original minutes published on 17/5/25 have been amended, as per resolution 65/25

Changes are reflected in RED

RESOLVED on the motion of Crs Allen and O'Neil

2.    That Council accept the tender from Chris O’Brien & Co. Pty Ltd. in relation to the contract described in Tender RFT 2425-060 Design Services for Cuttagee Bridge for $644,318.00 (excluding GST).

3.    That Council notes that the designer will be working with the 2023 Design Guideline to         improve the appearance of bridges in NSW published by Transport for NSW as Bridge         Aesthetics, particularly the guideline on Modifications and additions to heritage bridges and         bridges of cultural value from page 102.

4.    That Council notes that the “hybrid” options that will be developed to 20 per cent by the         designers under item A.3.2 of the agreement include timber substantive elements as in the         current         bridge structure and consideration of the overall appearance of the bridge in its         environment as part of the established character of that bridge and as having heritage         value.

5.    That variations and amendments to the contract be managed under existing financial delegations.

6.    That authority be delegated to the CEO to execute all necessary documentation.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.1

Australian Local Government Association (ALGA) 2025 National General Assembly - additional motion

55/25

RESOLVED on the motion of Crs Mudaliar and Haggar

That Motion 6 presented in the background of this report be formally endorsed for inclusion in the Business Paper for the Australian Local Government Association National General Assembly 2025.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble and O'Neil

Against:                  Nil

Absent:                    Crs Nadin and Porter

10.2

Electric Vehicle Charging

04:19 pm     Cr Nadin returned to the meeting.

56/25

RESOLVED on the motion of Crs Mudaliar and Haggar

That Council:

Seek further expressions of interest from operators to install and operate EV charging infrastructure on Council managed land at the sites identified in this report, in accordance with the new Procedure 4.10.10 EV Charging Infrastructure on Public Land. Review the expressions of interest and negotiate licence or lease agreement/s with selected charge point operators for the installation and operation of EV charging infrastructure.

In favour:             Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Cr Allen

Absent:                    Cr Porter

10.3

Acquisition of easement for a water trunk main pipeline over private land at Tilba Tilba

57/25

RESOLVED on the motion of Crs O'Neil and Noble

1.    That Council enter into a formal Deed of Agreement with the landowners of Lot 22 DP 1137736 at 9052 Princes Highway, Tilba Tilba for the acquisition of an easement for a water trunk main pipeline for a compensation value of $9,573 inclusive of GST.

2.    If the acquisition of an easement over Lot 22 DP 113766 cannot be negotiated by agreement with the landowner within a reasonable time, Council acquire an easement by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) pursuant to sections 186 and 187 of the Local Government Act 1993 (NSW), and do all things supplemental or incidental to, or consequential for, that purpose.

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

4.    That Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of an easement and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

5.    That the Chief Executive Officer be delegated authority to execute on behalf of Council any documents associated with the acquisition of easement not requiring the affixing of the Seal of Council.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.4

Assignment of lease - Tathra Beach Kiosk

58/25

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council approves the assignment of the lease for the Tathra Beach Kiosk from Heather McLeod to Kylie Ward.

2.    That the lessee be responsible for the payment of all costs associated with the assignment of lease process.

3.    That the Chief Executive Officer and Mayor be delegated authority to execute the necessary documentation to formalise the above course of action.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.5

Tenure options at the Merimbula Airport for Sapphire Coast Autos Pty Ltd

59/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    That Council provides in principle support to retain the hanger building on the existing lease site Lot 7 or Lot 8 DP 1257793 subject to a new tenure agreement being entered into with Sapphire Coast Autos Pty Ltd prior to any final lease date with the current lessee for their occupation of the site.

2.    That Council provides in principle support and delegates to the Chief Executive Officer and Mayor the authority to execute the necessary tenure documentation, granting a 10-year land only tenure arrangement to Sapphire Coast Autos Pty Ltd for the occupation of existing lease site Lot 7 or Lot 8 DP 1257793 at Merimbula Airport for a commencing annual rental of $20.00 per m² plus GST, with an annual CPI increase, for the purposes of operating a car hire business and office space.

3.    That Council notes a tenure arrangement will only be granted to Sapphire Coast Autos Pty Ltd following independent commercial negotiations with the existing lessees and once the existing car hire business building located on Lot 2 DP 1257793 is demolished.

4.   That Council notes that unless existing lease sites Lot 7 or Lot 8 DP 1257793 are assigned to Sapphire Coast Autos Pty Ltd current lessees will be required to provide vacant possession to Council in accordance with current lease provisions.

5.    That Council delegates to the Chief Executive Officer and Mayor the authority to execute licence documentation, granting a maximum 10-year non-exclusive licence agreement to Sapphire Coast Autos Pty Ltd for space adjoining lease site Lot 7 or Lot 8 DP 1257793 for a rate of $5.00 per m² plus GST with an annual CPI increase to accommodate car parking outside the lease area.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.6

Audit, Risk and Improvement Committee Quarterly Report March 2025

60/25

RESOLVED on the motion of Crs O'Neil and Daly

1.    That Council receive and note the Audit, Risk and Improvement Committee (ARIC) quarterly report from the March 2025 meeting.

2.    That Council endorses the Audit, Risk and Improvement Committee Strategic Work Plan 2024 – 2028.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.7

Adoption of 2025 - 2029 Community Engagement Strategy and Policy 6.16 Community Engagement

61/25

RESOLVED on the motion of Crs O'Neil and Mudaliar

1.    That Council adopts the 2025-29 Community Engagement Strategy (Attachment 1) and Policy 6.16 Community Engagement (Attachment 2).

        2.   That Council receive and note the Community Engagement Strategy submissions (Attachment 3) and Policy submissions (Attachment 4) received during the public exhibition period and that Council officers advise those that made submissions during public exhibition of Council’s decision.

3.   That the adopted 2025-29 Community Engagement Strategy and Policy 6.16 be published on Council’s website.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.8

Enterprise resource platform - CIVICA altitude contract update     

62/25

RESOLVED on the motion of Crs O'Neil and Noble

1.    That Council reaffirms endorsement of the Enterprise Resource Platform Contract as         resolved on 19 April 2023. 

2.    That authority is delegated to the Chief Executive Officer to execute the         documentation for ongoing contractual matters, such as variations and annual         renewals for CIVICA Authority Altitude, Content Manager and subsequent variations to         Council – CIVICA Agreement (this includes Payble and CIVICAs Data Warehouse solution) in         line with adopted budgets of Council.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.9

Quarterly Budget Review Statement (QBRS) March 2025 Q3

63/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    That Council receive and note the March 2025 Quarterly Budget Review Statement (QBRS).

2.    That the budget recommendations detailed in the attachment to this report be adopted.

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter

10.10

Certificate of Investment March 2025

64/25

RESOLVED on the motion of Crs O'Neil and Nadin

1.    That Council receive and note the report on Council’s investment position at 31 March 2025.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil

Against:                  Nil

Absent:                    Cr Porter