Minutes of the Ordinary Meeting

 

 

Meeting Date:     Monday, 22 January 2024

Location:            Council Chambers, City Administrative Building, Bridge Road, Nowra

Time:                   5.30pm

 

 

The following members were present:

 

Clr Amanda Findley – Chairperson

Clr Moo D’Ath

Clr Gillian Boyd

Clr Matthew Norris

Clr John Kotlash

Clr Serena Copley

Clr Paul Ell

Clr Evan Christen

Clr Patricia White

Clr John Wells

Clr Greg Watson (Remotely)

Clr Mark Kitchener

Clr Tonia Gray

 

 

 

The Chairperson read a statement advising those present that the proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice.

The meeting was opened by an Acknowledgement of Country by the Chairperson, followed with a Moment of Silence & Reflection and the playing of the Australian National Anthem.

 

 

Apologies / Leave of Absence

Nil

 

Confirmation of the Minutes

RESOLVED (Clr Christen / Clr Kotlash)                                                                                   MIN24.1

That the Minutes of the Ordinary Meeting held on Monday 11 December 2023 be confirmed.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

 

 

Declaration of Interests

Clr Ell – CL24.19 - Notice of Motion - Call in DA23/1839– Less than significant non pecuniary interest declaration - Landowner known to him personally through mutual membership of the Liberal Party – will remain in the room and will take part in discussion or vote.

 

 

 

Mayoral Minute

 

MM24.1      Mayoral Minute - Condolence Motion Uncle Stanley Braddick (Poddy)

HPERM Ref: D24/6958

RESOLVED (Clr Findley / Clr Kotlash)                                                                                     MIN24.2

That Shoalhaven City Council note the passing of Uncle Stanley Braddick (Poddy).  We acknowledge his contribution to the community and extends condolences to the Braddick family.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

MM24.2      Mayoral Minute - Condolence Motion Scott Balsar

HPERM Ref: D24/17691

RESOLVED (Clr Findley / Clr Wells)                                                                                        MIN24.3

That Council notes the passing of Mr Scott Balsar and writes to his wife Carla and children Chloe, Elijah and Gemma.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

Deputations and Presentations

 

CL24.10 - Post Exhibition and Finalisation – 45 Degree Rule Trial Amendment (No 54) – Shoalhaven Development Control Plan 2014

Ms Carlene Timbs addressed the meeting to speak FOR the recommendation.

 

CL24.19 - Notice of Motion - Call in DA23/1839

Mr John Morrison addressed the meeting to speak AGAINST the recommendation. 

Mr Carmelo Pesce addressed the meeting to speak AGAINST the recommendation.

 

 

 

 

Call Over of the Business Paper

 

Call Over of Business Paper - En block

RESOLVED (Clr Wells / Clr White)                                                                                          MIN24.4

That the following items from Committee Reports be resolved en block:

·         SB23.16 - Sports Grants Program 2023 / 24 - Funding Determinations

·         AB23.38 - Shoalhaven City Art Collection - Acquisition of Works

Note – the items will be marked with an asterisk (*) in these Minutes.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

Call Over of Business Paper - En block

RESOLVED (Clr Christen / Clr Gray)                                                                                       MIN24.5

That the following items from City Performance Directorate be resolved en block:

·         CL24.4 - CEO Appointment – Delegations

·         CL24.6 - Investment Report - November/December 2023

·         CL24.8 - Ongoing Register of Pecuniary Interest Returns - December 2023

Note – the items will be marked with an asterisk (*) in these Minutes.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

Call Over of Business Paper - En block

RESOLVED (Clr Kotlash / Clr Gray)                                                                                         MIN24.6

That the following items from City Futures Directorate be resolved en block:

·         CL24.11 - Land Sales Strategy

·         CL24.13 - Buy Back Property - Industrial Land South Nowra

Note – the items will be marked with an asterisk (*) in these Minutes.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

Call Over of Business Paper - En block

RESOLVED (Clr Copley / Clr White)                                                                                        MIN24.7

That the following items from City Services Directorate be resolved en block:

·         CL24.15 - Exemption to Tendering - Mobile Library Van

Note – the items will be marked with an asterisk (*) in these Minutes.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

Call Over of Business Paper - En block

RESOLVED (Clr Copley / Clr Kotlash)                                                                                     MIN24.8

That the following items from City Lifestyles Directorate and Councillor Conference Reports be resolved en block:

·         CL24.16 - Membership Appointment - Arts Advisory Committee

·         CL24.17 - Circularity Conference 2023

Note – the items will be marked with an asterisk (*) in these Minutes.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

Procedural Motion - Bring Item Forward

RESOLVED (Clr Copley / Clr Norris)                                                                                        MIN24.9

That the following items be brought forward for consideration:

·         CL24.5 - Presentation of Annual Financial Statements - 30 June 2023

·         CL24.10 - Post Exhibition and Finalisation – 45 Degree Rule Trial Amendment (No 54) – Shoalhaven Development Control Plan 2014

·         CL24.19 - Notice of Motion - Call in DA23/1839

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.5       Presentation of Annual Financial Statements - 30 June 2023

HPERM Ref: D23/521157

Recommendation

That:

1.    The audited Annual Financial Statements for the year ended 30 June 2023, together with the Report on the Conduct of the Audit, be presented to the public at the Ordinary Meeting of Council on 22 January 2024.

2.    Council notes the attendance of David Daniels, Delegate of the Auditor-General for New South Wales, and thank him for his presentation and professionalism in relation to the auditing of Council’s Annual Financial Statements.

 

 

RESOLVED (Clr Christen / Clr Boyd)                                                                                     MIN24.10

That:

1.    The audited Annual Financial Statements for the year ended 30 June 2023, together with the Report on the Conduct of the Audit, be presented to the public at the Ordinary Meeting of Council on 22 January 2024.

2.    Council notes the attendance of David Daniels, Delegate of the Auditor-General for New South Wales, and thank him for his presentation and professionalism in relation to the auditing of Council’s Annual Financial Statements.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.10     Post Exhibition and Finalisation – 45 Degree Rule Trial Amendment (No 54) – Shoalhaven Development Control Plan 2014

HPERM Ref: D23/504381

Note: A deputation was received on this item.

Recommendation

That Council:

1.    Adopt the publicly exhibited 45 Degree Rule Trial Amendment to Chapter G4: Tree and Vegetation Management of Shoalhaven Development Control Plan 2014 (Amendment No. 54).

2.    Update the online notification tool and associated documents to reflect the changes to the required arboriculture qualification upon commencement of the Amendment.

3.    Advise key stakeholders, including as many as possible tree removal operators working in the Shoalhaven Local Government Area and those who made a submission, of this decision.

Clr White raised a Point of Order against Clr D’Ath. The Mayor ruled as a Point of Order. Clr D’Ath was asked to apologise to Clr White for bringing her into disrepute and to retract her statement that Clr White should feel ashamed of herself for her comments regarding this item.

Clr D’Ath apologised to Clr White.

RESOLVED (Clr White / Clr Ell)                                                                                             MIN24.11

That Council:

1.    Adopt the publicly exhibited 45 Degree Rule Trial Amendment to Chapter G4: Tree and Vegetation Management of Shoalhaven Development Control Plan 2014 (Amendment No. 54).

2.    Update the online notification tool and associated documents to reflect the changes to the required arboriculture qualification upon commencement of the Amendment.

3.    Advise key stakeholders, including as many as possible tree removal operators working in the Shoalhaven Local Government Area and those who made a submission, of this decision.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

CL24.19     Notice of Motion - Call in DA23/1839

HPERM Ref: D24/13566

Note: A deputation was received on this item.

Clr EllLess than significant non pecuniary interest declaration - Landowner known to him personally through mutual membership of the Liberal Party – remained in the room and took part in discussion and vote.

Recommendation

That Council call in DA23/1839 due to significant community interest.

RESOLVED (Clr Gray / Clr Christen)                                                                                     MIN24.12

That DA23/1839 not be called in for determination by Council, and Councillors be kept informed of the determination of the application.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

Report of the Shoalhaven Sports Board - 29 November 2023

 

Items marked with an * were resolved ‘en block’.

 

SB23.16     Sports Grants Program 2023 / 24 - Funding Determinations

HPERM Ref: D23/325693

RESOLVED* (Clr Wells / Clr White)                                                                                       MIN24.13

That Council as recommended by the Shoalhaven Sports Board:

1.    Endorse the following four applications for the 2023/24 Sports Grants Program:

a.    Milton Ulladulla District Tennis AssociationSynthetic grass resurfacing of two tennis courts - $50,000.

b.    Shoalhaven District Football Association – Improve pathway network – $6,617.

c.    Shoalhaven Hockey Incorporated – Wall rebuild – $35,666.67.

d.    Shoalhaven Dog Training Club – Kitchen refurbishment - $6,906.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

 

 

 

 

 

 

 

 

Report of the Arts Advisory Committee - 12 December 2023

 

AB23.38     Shoalhaven City Art Collection - Acquisition of Works

HPERM Ref: D23/470262

RESOLVED* (Clr Wells / Clr White)                                                                                       MIN24.14

That Council, as recommended by the Arts Advisory Committee:

1.    Accept the offer of donation for the work Untitled watercolour by Samuel Elyard. Donation by Peter Carlisle.

2.    Accept the offer of donation for the work ‘Jonah (and the Whale)’ by John Edward. Donation by John Turner.

3.    Accept the offer of a donation through the Cultural Gifts Program for the work ‘Art and War’ by Ahn Do. Donation by Ahn Do.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

Reports

 

CL24.3       Financial Sustainability Improvement Initiatives Update

HPERM Ref: D23/507444

Recommendation

That Council receive and note the update on financial sustainability improvement initiatives.

RESOLVED (Clr White / Clr Christen)                                                                                    MIN24.15

That Council receive and note the update on financial sustainability improvement initiatives.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

Items marked with an * were resolved ‘en block’.

 

CL24.4       CEO Appointment - Delegations

HPERM Ref: D24/3769

RESOLVED* (Clr Christen / Clr Gray)                                                                                    MIN24.16

That Council

1.    Delegate to the Chief Executive Officer the authority as outlined in the Instrument of Delegation provided as Attachment 1.

2.    That for the period 12 February to 30 September 2024, one of the persons (determined by the Mayor at the relevant time) holding the position of:

a.    Director of City Services, or

b.    Director of City Performance, or

c.    Director of City Development, or

d.    Director of City Lifestyles, or

e.    Director of City Futures

be appointed to act as the Chief Executive Officer if the Chief Executive Officer is sick or otherwise absent from work on leave or for any other purpose. Such appointment is to cease upon the return to work of the Chief Executive Officer or by other resolution of the Council.

3.    That any person acting as the Chief Executive Officer pursuant to this resolution has all the functions, delegations, and sub-delegations given to the Chief Executive Officer by the Council.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.5       Presentation of Annual Financial Statements - 30 June 2023

HPERM Ref: D23/521157

Item dealt with earlier in the meeting see MIN24.10

 

 

CL24.6       Investment Report - November/December 2023

HPERM Ref: D24/6638

RESOLVED* (Clr Christen / Clr Gray)                                                                                    MIN24.17

That Council:

1.    Receive the Record of Investments for the period to 30 November 2023.

2.    Receive the Record of Investments for the period to 31 December 2023.

3.    Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 4.63% per annum for the month of November 2023, outperforming the benchmark AusBond Bank Bill Index (4.34% pa) by 29 basis points (0.29%).

4.    Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 4.76% per annum for the month of December 2023, outperforming the benchmark AusBond Bank Bill Index (4.43% pa) by 33 basis points (0.33%).

5.    Note the performance of the Long-Term Growth Fund as presented in the report.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.7       Ordinary Meeting - Change of Dates - May 2024

HPERM Ref: D24/1032

Recommendation

That Council amend the scheduled May 2024 Council Meetings to reschedule Ordinary Meetings to be held on the following dates:

-     Monday, 6 May 2024 commencing at 5.30pm

-     Monday, 20 May 2024 commencing at 5.30pm

 

 

RESOLVED (Clr Norris / Clr D'Ath)                                                                                        MIN24.18

That Council amend the scheduled May 2024 Council Meetings to reschedule Ordinary Meetings to be held on the following dates:

-     Monday, 6 May 2024 commencing at 5.30pm

-     Monday, 20 May 2024 commencing at 5.30pm

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.8       Ongoing Register of Pecuniary Interest Returns - December 2023

HPERM Ref: D23/512678

RESOLVED* (Clr Christen / Clr Gray)                                                                                    MIN24.19

That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 December to 31 December 2023 be received for information.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.9       Road Naming Proposal - Unnamed Lane, Huskisson

HPERM Ref: D23/524841

Recommendation

That Council proceed with formalising the road name of the ‘unnamed lane’ off Owen Street, Carpenter Lane.

RESOLVED (Clr Kotlash / Clr Norris)                                                                                     MIN24.20

That Council proceed with formalising the road name of the ‘unnamed lane’ off Owen Street, Carpenter Lane after Queen Mary Carpenter, a significant Aboriginal Australian of the Jervis Bay District.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.10     Post Exhibition and Finalisation – 45 Degree Rule Trial Amendment (No 54) – Shoalhaven Development Control Plan 2014

HPERM Ref: D23/504381

Item dealt with earlier in the meeting see MIN24.11

 

 

 

 

 

 

 

CL24.11     Land Sales Strategy

HPERM Ref: D24/5321

RESOLVED* (Clr Kotlash / Clr Gray)                                                                                     MIN24.21

That Council proceed to investigate Categories 1, 2 & 3 operational and community classified assets with a further report to be received listing proposed properties for disposal and proposed community consultation.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.12     Industrial Land - Repurchase

HPERM Ref: D23/500728

Note: This item has been withdrawn from the agenda.

 

CL24.13     Buy Back Property - Industrial Land South Nowra

HPERM Ref: D24/2555

RESOLVED* (Clr Kotlash / Clr Gray)                                                                                     MIN24.22

That Council consider a separate confidential report in accordance with secton 10A(2)(c) of the Local government Act 1993.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.14     Proposed Lease to F M Morison Pty Ltd - Morisons Arcade Airspace - Junction Street Nowra

HPERM Ref: D23/472066

Recommendation

That Council

1.    Enters a five-year lease with an option for a further three x five year extensions, 20 years total, to F M Morison Pty Ltd for the lease of Airspace in Morisons Arcade, being Part Lot A DP 161880 at a commencement rent of $5,400 (plus GST) per annum;

2.    Authorises the Common Seal of the Council of the City of Shoalhaven to be affixed to any document required to be sealed and delegates authority to the Chief Executive Officer to sign any documentation necessary to give effect to this resolution.

RESOLVED (Clr Norris / Clr Kotlash)                                                                                     MIN24.23

That Council

1.    Enters a five-year lease with an option for a further three x five year extensions, 20 years total, to F M Morison Pty Ltd for the lease of Airspace in Morisons Arcade, being Part Lot A DP 161880 at a commencement rent of $5,400 (plus GST) per annum;

2.    Authorises the Common Seal of the Council of the City of Shoalhaven to be affixed to any document required to be sealed and delegates authority to the Chief Executive Officer to sign any documentation necessary to give effect to this resolution.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.15     Exemption to Tendering - Mobile Library Van

HPERM Ref: D24/18558

RESOLVED* (Clr Copley / Clr White)                                                                                    MIN24.24

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.16     Membership Appointment - Arts Advisory Committee

HPERM Ref: D23/514454

RESOLVED* (Clr Copley / Clr Kotlash)                                                                                 MIN24.25

That Council:

1.    Appoint Mr Frank Howarth as a member of the Arts Advisory Committee for a 2-year term, to expire 20 December 2025.

2.    Note that the Expression of Interest will remain open until two remaining community positions are filled.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

CL24.17     Circularity Conference 2023

HPERM Ref: D23/521569

RESOLVED* (Clr Copley / Clr Kotlash)                                                                                 MIN24.26

That:

1.    Council receive the report from Clr John Kotlash and Clr Tonia Gray on the Circularity Conference 2023 for information.

2.    Council continue to support the transition to a Circular Economy in the Shoalhaven LGA by reducing landfill demand and increasing material recovery rates.

3.    Future Circularity conferences should be encouraged to be attended by the sustainability experts within council.

4.    In 2024 Council invite Professor Veena Sahajwalla to the SCC to present to the Councillors and Executive team, the latest advancements in waste recovery.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

Notices of Motion / Questions on Notice

 

CL24.18     Notice of Motion - Citizenship Ceremonies on Australia Day

HPERM Ref: D24/10988

Recommendation

That Council:

1.    Notes the changes made by the Federal Government to the Australian Citizenship Ceremonies Code (“the Code”) removing the obligation for councils to hold a Citizenship Ceremony on Australia Day.

2.    Resolves that notwithstanding the changes to the Code, it is the firm policy position of Council to continue the practice of conducting Citizenship Ceremonies in the Shoalhaven on the 26th of January (Australia Day) every year.

3.    Resolves that any change to the policy position adopted at point 2 above can only be made by the elected Council. 

4.    Affirms its strong support for Australia Day as our national day and as an important opportunity to celebrate our great nation.

5.    Expresses its appreciation to the many community organisations and volunteers who help arrange events throughout the Shoalhaven which give residents and visitors the opportunity to participate in Australia Day festivities.

RESOLVED (Clr Ell / Clr Copley)                                                                                           MIN24.27

That Council:

1.    Notes the changes made by the Federal Government to the Australian Citizenship Ceremonies Code (“the Code”) removing the obligation for councils to hold a Citizenship Ceremony on Australia Day.

2.    Resolves that notwithstanding the changes to the Code, it is the firm policy position of Council to continue the practice of conducting Citizenship Ceremonies within the community on Australia Day every year, at a scale and in a manner determined by the staff and the Mayor.

3.    Resolves that any change to the policy position adopted at point 2 above can only be made by the elected Council. 

4.    Affirms its strong support for Australia Day as our national day and as an important opportunity to celebrate our great nation.

5.    Expresses its appreciation to the many community organisations and volunteers who help arrange events throughout the Shoalhaven which give residents and visitors the opportunity to participate in Australia Day festivities.

For:             Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson and Clr Kitchener

Against:    Clr Findley, Clr D'Ath, Clr Christen and Clr Gray

CARRIED

 

CL24.19     Notice of Motion - Call In DA23/1839

HPERM Ref: D24/13566

Item dealt with earlier in the meeting see MIN24.12

 

 

 

Confidential Reports

 

Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

 

No members of the public made representations.

 

RESOLVED (Clr Wells / Clr Kotlash)                                                                                      MIN24.28

That the press and public be excluded from the Meeting, pursuant to section 10A(1)(a) of the Local Government Act, 1993, to consider the following items of a confidential nature.

CCL24.1         Buy-Back Property - Industrial Land South Nowra

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

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL24.2         Exemption to Tendering - Mobile Library Van

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Nil

CARRIED

 

 

The meeting moved into confidential the time being 7:06pm.

 

 

The meeting moved into open session, the time being 7:19pm.

 

 

Report from confidential session

 

The following resolutions of the meeting, whilst closed to the public, were made public.

 

CCL24.1    Buy-Back Property - Industrial Land South Nowra

HPERM Ref: D24/715

RESOLVED                                                                                                                          MIN24.29C

That Council

1.    Requests staff to seek clarity from the Purchaser on the final design for the site, with the intention of ensuring the site plans maintain employment generating outcomes.

 

2.    Once the above mentioned plans are received and reviewed, approves extending the buy-back Date in the sale contract on 13 Trim St, South Nowra (Lot 135 DP 1124258), until 1 March 2026. Noting the specific extenuating circumstances which have delayed the owners’ ability to satisfy this requirement, and further the owners’ intention to progress their development of an employment generating, concrete tilt panel industrial warehouses on the site; and

3.    Note all Development Applications (DAs), and associated approvals for this site, will be the responsibility of the purchaser and assessed by Council on merit, as is the usual process. Accepting this report does not imply any consideration or support of future DA matters.

CARRIED

 

CCL24.2    Exemption to Tendering - Mobile Library Van

HPERM Ref: D23/523398

RESOLVED                                                                                                                          MIN24.30C

That Council:

1.    Approve an exemption from tender in accordance with Section 55(3)(i) of the Local Government Act 1993, for the provision of a Mobile Library Van, noting that a satisfactory result would not be achieved by inviting tenders due to the following reasons.

a.    Previous Request for Quotation processes failed to identify a supplier that met the specifications requested.

b.    Previous and other identified suppliers have confirmed they can build the required vehicle, however are unlikely to respond to open tender.

2.    Authorise the CEO (Director of City Services) to negotiate and enter into a contract with any identified suitable supplier for the supply of a Mobile Library Van.

CARRIED

 

 

 

There being no further business, the meeting concluded, the time being 7:22pm.

 

Clr Findley

CHAIRPERSON