Minutes of the Ordinary Meeting

 

 

Meeting Date:     Tuesday, 18 February 2025

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

Time:                   5.30pm

 

 

The following members were present:

 

Clr Patricia White - Chairperson

Clr Selena Clancy

Clr Denise Kemp

Clr Luciano Casmiri

Clr Karlee Dunn

Clr Peter Wilkins

Clr Bob Proudfoot

Clr Jemma Tribe

Clr Matthew Norris

Clr Gillian Boyd

Clr Natalee Johnston (Remotely)

Clr Ben Krikstolaitis (Remotely)

 

 

 

A statement was played 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

An apology was received from Clr Cox

 

 

Confirmation of the Minutes

RESOLVED (Clr Wilkins / Clr Kemp)                                                            MIN25.30

That the Minutes of the Ordinary Meeting held on Tuesday 28 January 2025 be confirmed.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

 

Declaration of Interests

Clr Norris – CL25.40 & CCL25.3. - Tenders - Panel Contract - External Plant Hire – less than significant non pecuniary interest declaration – some of the tenderers have employees that are known to him – will remain in the room and will take part in discussion and vote.

Clr Casmiri – CL25.29 - Notice of Motion - Report - Ongoing Maintenance of Vegetation at Collingwood Beach – less than significant non pecuniary interest declaration – he resides on Elizabeth Drive and Collingwood Beach is along Elizabeth Drive, not immediately next to him but in the same street – will remain in the room and will take part in discussion and vote.

 

Presentation of Petitions

Clr Tribe presented a petition containing 482 signatures which states:

I respectively urge you to sign this petition and make sure council hears our voices to those that don’t know me I’m Samantha Earle. I am a dedicated Family Daycare Educator, and I am proud to say that I don’t just care for children, but I help to educate care and love them the become part of our family. My journey has brought me so far that I’m currently looking after the children of those who were once under my care. However, everything we’ve built is precariously hanging in the balance.

Shoalhaven Family Day Care has been facing several challenges since 2020 when they lost Government funding from recruiting educators to incurring financial losses. In a bid for financial sustainability, Shoalhaven Family Daycare underwent a service review. The outcomes of this review will be discussed by the council on February 18 and a decision will be made.

These are the options Council looking at & will make a decision on Tuesday 6pm at their meeting .

1. To transition educators to an alternate provider

2. To keep SFDC and grow the business 

3. Reduce the staffing levels at SFDC

4. To immediately cease operations 

The report casts a shadow of uncertainty over the future of the Shoalhaven family daycare , which has been a safe and nurturing space for our children for decades, a place they call their second home. I implore you to consider the far-reaching effects this may have on our families, educators, and, most importantly, our children. We need to petition the Council to recognise the importance of Shoalhaven Family Day Care and make efforts to safeguard its future.

I believe they can and should keep Shoalhaven Family Daycare and the ways they can do this is by reducing staff in office , actively recruiting more Educators and using the admin levy’s we and all parents pay weekly much more wisely.

Please join me in this fight for our children, educators, and community members. We need more childcare in our area not less & this is a positive thing Council can keep for our community especially our children .

Your signature matters, let's ensure that Shoalhaven Family Day Care continues to serve our community. Therefore, we need as many signatures as possible before Tuesday, 18 February. Please sign and share. United, we stand for our children.

 

Procedural Motion – Introduce a Deputation

RESOLVED (Clr Tribe / Clr Norris)                                                               MIN25.31

That a Deputation from Ms Samantha Earl be heard in relation to CL25.42 – Shoalhaven Family day care – Service Review – Future Direction.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

Deputations and Presentations

 

CL25.29 - Notice of Motion - Report - Ongoing Maintenance of Vegetation at Collingwood Beach

Mr Bob Pullinger addressed the meeting to speak FOR the recommendation.

CL25.42 - Shoalhaven Family Day Care - Service Review - Future Direction

Ms Samantha Earle addressed the meeting speak AGAINST the recommendation.

 

 

Notices of Motion / Questions on Notice

 

Procedural Motion – Defer Items of Business – Notices of Motion

RESOLVED (Clr Proudfoot / Clr Wilkins)                                                      MIN25.32

That the following Notice of Motions submitted by Clr Cox be deferred to the next meeting due to him being an apology for this meeting:

·        CL25.25 - Notice of Motion - Fleet & Plant Accountability and Transparency

·        CL25.26 - Notice of Motion - AEC Fleet & Plant Service Review Report

·        CL25.27 - Notice of Motion - AEC Financial Sustainability Review - Actions Taken to Reduce FBT Liability

·        CL25.28 - Notice of Motion - Shoalhaven City Council Apply the Statutory Minimum for the Cambewarra Pony Club

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

CL25.25     Notice of Motion - Fleet & Plant Accountability and Transparency

HPERM Ref: D25/39207

Note: This item was deferred to the next Ordinary meeting, see MIN25.32

 

CL25.26     Notice of Motion - AEC Fleet & Plant Service Review Report

HPERM Ref: D25/42035

Note: This item was deferred to the next Ordinary meeting, see MIN25.32

 

CL25.27     Notice of Motion - AEC Financial Sustainability Review - Actions Taken to Reduce FBT Liability

HPERM Ref: D25/42049

Note: This item was deferred to the next Ordinary meeting, see MIN25.32

 

CL25.28     Notice of Motion - Shoalhaven City Council Apply the Statutory Minimum for the Cambewarra Pony Club

HPERM Ref: D25/58681

Note: This item was deferred to the next Ordinary meeting, see MIN25.32

 

CL25.29     Notice of Motion - Report - Ongoing Maintenance of Vegetation at Collingwood Beach

HPERM Ref: D25/42688

Note: A Deputation was received on this item.

Clr Casmiri - less than significant non pecuniary interest declaration – he resides on Elizabeth Drive and Collingwood Beach is along Elizabeth Drive, not immediately next to him but in the same street – remained in the room and took part in discussion and voted.

Recommendation

That Council direct the Acting CEO to report to Council on the ongoing maintenance of the vegetation at Collingwood Beach set out in the Action Plan adopted at the Development & Environment Committee 6 April 2021 (MIN21.176).

Mayor White raised a Point of Order against Clr Krikstolaitis in relation to his comments about Council having an agenda. The Mayor asked Clr Krikstolaitis to refrain from using those comments and apologise.

Clr Krikstolaitis withdrew his comments and apologised.

RESOLVED (Clr Casmiri / Clr Proudfoot)                                                                               MIN25.33

That Council direct the Acting CEO to report to Council on the ongoing maintenance of the vegetation at Collingwood Beach set out in the Action Plan adopted at the Development & Environment Committee 6 April 2021 (MIN21.176).

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins and Clr Proudfoot

Against:       Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

CARRIED

 

CL25.30     Notice of Motion - Public Mowing Schedule

HPERM Ref: D25/55158

Recommendation

That Shoalhaven City Council:

1.    Develops and publishes a public mowing schedule that outlines when council-maintained parks, reserves, and public spaces are scheduled for mowing across towns and villages.

2.    Ensures the schedule is regularly updated and made accessible via the council website, customer service team and Council recognized Community Consultative Bodies (CCBs).

3.    Includes disclaimers acknowledging that scheduling may be subject to change due to weather, staffing, or operational constraints.

Motion (Clr Norris / Clr Boyd)

That Shoalhaven City Council:

1.    Develops and publishes a public mowing schedule that outlines when council-maintained parks, reserves, and public spaces are scheduled for mowing across towns and villages.

2.    Ensures the schedule is regularly updated and made accessible via the council website, customer service team and Council recognized Community Consultative Bodies (CCBs).

3.    Includes disclaimers acknowledging that scheduling may be subject to change due to weather, staffing, or operational constraints.

Amendment (Clr Wilkins / Clr Proudfoot)

That Shoalhaven City Council:

1.       Develops and publishes a public mowing schedule that outlines when council-maintained parks, reserves, and public spaces are scheduled for mowing across towns and villages.

2.       Ensures the schedule is regularly updated and made accessible via the council website, customer service team and Council recognized Community Consultative Bodies (CCBs).

3.       Includes disclaimers acknowledging that scheduling may be subject to change due to weather, staffing, or operational constraints.

4.       Implement this schedule for a one year trial.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Wilkins and Clr Proudfoot

Against:    Clr Dunn, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

THE AMENDMENT WAS CARRIED ON THE CASTING VOTE OF THE CHAIR.

AMENDMENT BECAME THE MOTION.

RESOLVED (AMENDMENT) (Clr Wilkins / Clr Proudfoot)                                                    MIN25.34

That Shoalhaven City Council:

1.       Develops and publishes a public mowing schedule that outlines when council-maintained parks, reserves, and public spaces are scheduled for mowing across towns and villages.

2.       Ensures the schedule is regularly updated and made accessible via the council website, customer service team and Council recognized Community Consultative Bodies (CCBs).

3.       Includes disclaimers acknowledging that scheduling may be subject to change due to weather, staffing, or operational constraints.

4.       Implement this schedule for a one year trial.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

CL25.31     Notice of Motion - Establishment of Playing Fields - St Georges Basin & Jervis Bay

HPERM Ref: D25/55819

Recommendation

That Council direct the Acting CEO to prepare a report on the identification of suitable sites for the establishment of at least six new playing fields in the St Georges Basin / Jervis Bay areas.

The Mayor raised a Point of Order against Clr Boyd and was asked that she not speak on previous matters and keep it relevant to the current Notice of Motion.

RESOLVED (Clr Proudfoot / Clr Wilkins)                                                                               MIN25.35

That Council direct the Acting CEO to prepare a report on the identification of suitable sites for the establishment of at least six new playing fields in the St Georges Basin / Jervis Bay areas.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Wilkins and Clr Proudfoot

Against:    Clr Dunn, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

CARRIED ON THE CASTING VOTE OF the CHAIR.

 

 

Call Over of the Business Paper

 

Call Over of Business Paper - En block – Committee Reports

RESOLVED (Clr Proudfoot / Clr Dunn)                                                         MIN25.36

That the following item from the Committee Reports section of the Financial Review Panel – 30 January 2025 be resolved en block:

·        FR25.3 - National Competition Policy and Council’s Category 1 Businesses – Mr Peter Dun

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

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

Call Over of Business Paper - En block – City Performance

RESOLVED (Clr Tribe / Clr Norris)                                                               MIN25.37

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

·        CL25.33 - Ordinary Meeting Arrangements - April to October 2025

·        CL25.35 - Aboriginal Advisory Committee - Expression of Interest for Membership

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

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

Call Over of Business Paper - En block – City Services

RESOLVED (Clr Tribe / Clr Dunn)                                                                MIN25.38

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

·        CL25.39 - Tenders - Supply Container Style Centrifuge

·        CL25.40 - Tenders - Panel Contract - External Plant Hire

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

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

Report of the Financial Review Panel - 30 January 2025

 

FR25.1       Update on Property Sales - Mr Mark Crowther

HPERM Ref: D25/30896

Recommendation

That Council, as recommended by the Financial Review Panel;

1.       Arrange for representation at the Avalon Airshow in Victoria, from 28 March 2025 – 30 March 2025, to advocate for the sale of the Aviation Technology Park land and assess a future land sales strategy.

2.       Investigate and assess the strategic value of all Nowra CBD land holdings, given the changes in the retail environment in the last decade, and that the CEO (Strategic Property Officer) provide a presentation at the 18 February Financial Review Panel meeting with regards to the outcome of that investigation.

RESOLVED (Clr White / Clr Casmiri)                                                            MIN25.39

That Council, as recommended by the Financial Review Panel,

1.       Arrange for representation at the Avalon Airshow in Victoria, from 28 March 2025 – 30 March 2025, to advocate for the sale of the Aviation Technology Park land and assess a future land sales strategy.

2.       Investigate and assess the strategic value of all Nowra CBD land holdings, given the changes in the retail environment in the last decade, and that the CEO (Strategic Property Officer) provide a presentation at the March meeting of the Financial Review Panel meeting with regards to the outcome of that investigation.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

FR25.2       Materials Recovery Facility - Mr Mark Crowther & Mr Stuart Coughlan

HPERM Ref: D25/30913

Recommendation

That Council, as recommended by the Financial Review Panel, request the Acting CEO to undertake the following actions in regard to the proposed Materials Recovery Facility (MRF):

1.    Direct CFO and Waste staff to revisit and confirm details within cashflow spreadsheets.

2.    Acting CEO and Mayor to have confidential meetings with their respective peers at Lismore and Newcastle with a view to understand their recent experience with respect to Materials Recovery operations.

3.    Acting CEO and Waste staff to review the business case and explore all options for operation to minimise risk.

4.    Organise a meeting of the MRF sub-committee within the next 10 business days.

RESOLVED (Clr Wilkins / Clr Kemp)                                                            MIN25.40

That Council, as recommended by the Financial Review Panel, request the Acting CEO to undertake the following actions in regard to the proposed Materials Recovery Facility (MRF):

1.       Direct CFO and Waste staff to revisit and confirm details within cashflow spreadsheets.

2.       Acting CEO and Mayor to have confidential meetings with their respective peers at Lismore and Newcastle with a view to understand their recent experience with respect to Materials Recovery operations.

3.       Acting CEO and Waste staff to review the business case and explore all options for operation to minimise risk.

4.       Organise a meeting of the MRF sub-committee within the next 10 business days.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

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

 

FR25.3       National Competition Policy and Council’s Category 1 Businesses – Mr Peter Dun

HPERM Ref: D25/30926

RESOLVED* (Clr Proudfoot / Clr Dunn)                                                       MIN25.41

That Council, as recommended by the Financial Review Panel, empower the service reviews for Category 1 businesses being undertaken to encapsulate the full examination of current business models.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

Reports

 

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

 

CL25.33     Ordinary Meeting Arrangements - April to October 2025

HPERM Ref: D25/11794

RESOLVED* (Clr Tribe / Clr Norris)                                                                                       MIN25.42

That further to the resolution of the Council 21 January 2025 Council:

1.    Continue to hold two Ordinary Meetings per Month on a Tuesday commencing at 5:30pm.

2.    Adopt a schedule of meetings for the period of February to October 2025 as Attachment 1 to this report which in general terms operates as follows:

a.    Provides those meetings and/or briefings not being held on public holidays or during the following periods: 

i.     Easter Break - Friday 18 April to Monday 21 April 2025

ii.    Australian Local Government Association National General Assembly - 24 to 27 June 2025

iii.    Mid- Year Council Recess (July NSW School Holidays) – 1 to 18 July 2025.

3.    Retains its current briefing schedule each Thursday to commence at 5.00pm.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

CL25.34     Code of Meeting Practice Reforms - Proposed Submission (Model Code)

HPERM Ref: D25/44450

Recommendation

That Council endorse the proposed submission (Attachment 3) to the Office of Local Government in relation to the Code Of Meeting Practice Reforms.

RESOLVED (Clr Tribe / Clr Norris)                                                                                         MIN25.43

That Council:

1.       Endorse the proposed submission (Attachment 3) to the Office of Local Government in relation to the Code Of Meeting Practice Reforms, and direct the Acting CEO to work with staff to make the following amendments:

a.       Re-word part 1 of the submission, confirming the Council’s in principle support for public briefings, noting that Council may need to hold confidential briefings in line with section 10A(2) of the Local Government Act.

b.       Strengthen comments around the importance of enabling online attendance at meetings for Councillors and staff.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

CL25.35     Aboriginal Advisory Committee - Expression of Interest for Membership

HPERM Ref: D25/17142

RESOLVED* (Clr Tribe / Clr Norris)                                                                                       MIN25.44

That Council:

1.    Note an Expression of Interest process to fill the five (5) x community representative and two (2) x youth representative vacancies on the Aboriginal Advisory Committee has commenced.

2.    Note and confirm the re-nomination of Ms Sharlene Cruickshank and Ms Natalie Lloyd for an additional term with the expiry set for 18 February 2029.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

CL25.36     (CL24.369) 2024/2025 Community Donations - Round Two

HPERM Ref: D25/16758

Recommendation

That Council

1.    Note the information in the report outlining the process followed for round two of the 2024/2025 Community Donations Program, including the applications received.

2.    Approve the funding of the 2024/2025 Community Donations recommended by the Community Donations Panel, totalling $42,222.00 to the following community organisations and community groups in the Shoalhaven:

Organisation

Donation For:

Amount Recommended

City of Shoalhaven Eisteddfod Inc

City of Shoalhaven Eisteddfod Inc

$5000

Cudmirrah Berrara Community Garden

Community Wellbeing programs

$1000

Milton Ulladulla Family History Society

40th anniversary lunch celebration for Milton Ulladulla Family History

$1000

Rainbow Club Australia

Water Safety, Swimming Lessons and Events for Local Disabled

$2,500

Shoalhaven City Concert Band

Summer Sounds Concert Band Workshop and Free Concert

$1000

Shoalhaven Community Choir

Harmony Day Celebration

$3000

Tabourie Lake Museum

First Nations Collection Project

$3,100

Ulladulla & District Community Resource Centre

Community Connection through Activity in Fisherman's Paradise

$4,370

Walk n Talk For Life Ulladulla

Walk n Talk For Life Ulladulla

$1000

Love Culburra Beach Festival Inc

Culburra Beach Festival

$4000

Albatross Musical Theatre Company

Albatross Musical Theatre Company Rehearsal Support

$6000

Cambewarra School of Arts

Subsidised Council Rates and Council Water Rates

$2,132

Lay Missionary of Charity Soup Kitchen

Lay Missionary of Charity Soup Kitchen

$1,600

Wildlife Rescue South Coast

Wildlife Rescue South Coast

$6,520

3.    Advise the remaining applicants that their application for the Community Donations Program have been unsuccessful.

RESOLVED (Clr White / Clr Norris)                                                                                        MIN25.45

That Council

1.    Note the information in the report outlining the process followed for round two of the 2024/2025 Community Donations Program, including the applications received.

2.    Approve the funding of the 2024/2025 Community Donations recommended by the Community Donations Panel, totalling $42,222.00 to the following community organisations and community groups in the Shoalhaven:

Organisation

Donation For:

Amount Recommended

City of Shoalhaven Eisteddfod Inc

City of Shoalhaven Eisteddfod Inc

$5000

Cudmirrah Berrara Community Garden

Community Wellbeing programs

$1000

Milton Ulladulla Family History Society

40th anniversary lunch celebration for Milton Ulladulla Family History

$1000

Rainbow Club Australia

Water Safety, Swimming Lessons and Events for Local Disabled

$2,500

Shoalhaven City Concert Band

Summer Sounds Concert Band Workshop and Free Concert

$1000

Shoalhaven Community Choir

Harmony Day Celebration

$3000

Tabourie Lake Museum

First Nations Collection Project

$3,100

Ulladulla & District Community Resource Centre

Community Connection through Activity in Fisherman's Paradise

$4,370

Walk n Talk For Life Ulladulla

Walk n Talk For Life Ulladulla

$1000

Love Culburra Beach Festival Inc

Culburra Beach Festival

$4000

Albatross Musical Theatre Company

Albatross Musical Theatre Company Rehearsal Support

$6000

Cambewarra School of Arts

Subsidised Council Rates and Council Water Rates

$2,132

Lay Missionary of Charity Soup Kitchen

Lay Missionary of Charity Soup Kitchen

$1,600

Wildlife Rescue South Coast

Wildlife Rescue South Coast

$6,520

3.       Advise the remaining applicants that their application for the Community Donations Program have been unsuccessful.

4.       That the balance of funds in the Donations Budget following Round 2 payments be returned to the General Fund

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

CL25.37     Proposal to Rename Portion of Susan Street Vincentia

HPERM Ref: D25/22665

Recommendation

That Council:

1.    Determine to rename the eastern portion of Susan Street, Vincentia as “Bronte Place’’, to address the existing risk to residents of emergency services not identifying their property in a timely fashion.

2.    Proceed to advertise the adoption of the road name “Bronte Place” for the eastern portion of Susan Street, Vincentia.

RESOLVED (Clr White / Clr Kemp)                                                                                        MIN25.46

That Council

1.       Work with residents to identify, from an appropriate short list, a name for the eastern portion of Susan Street, Vincentia.

2.       Receive a further report regarding the identified road name for adoption by Council.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

 CARRIED

 

CL25.38     Easement Extinguishment - Right of Way - Lot 1256 DP 31816 - 105 The Park Drive Sanctuary Point

HPERM Ref: D25/30669

Recommendation

That Council:

1.    Authorise the extinguishment of an easement for right of way over Lot 1256 DP 31816, 105 The Park Drive, Sanctuary Point.

2.    Authorise the Chief Executive Officer to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed in relation to the easement for right of way and easement for services.

RESOLVED (Clr Proudfoot / Clr Casmiri)                                                                               MIN25.47

That Council:

1.    Authorise the extinguishment of an easement for right of way over Lot 1256 DP 31816, 105 The Park Drive, Sanctuary Point.

2.    Authorise the Chief Executive Officer to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed in relation to the easement for right of way and easement for services.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

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

 

CL25.39     Tenders - Supply Container Style Centrifuge

HPERM Ref: D25/19259

RESOLVED* (Clr Tribe / Clr Dunn)                                                                                        MIN25.48

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

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

CL25.40     Tenders - Panel Contract - External Plant Hire

HPERM Ref: D25/37331

Clr Norris declared a less than significant non pecuniary interest – some of the tenderers have employees that are known to him – he remained in the room and voted.

RESOLVED* (Clr Tribe / Clr Dunn)                                                                                        MIN25.49

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

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

CL25.41     Proposed Works in Kind Agreement - Road, Drainage and Open Space - Part Stage 2 and Stage 4, Moss Vale Road South Urban Release Area, Badagarang

HPERM Ref: D25/11571

Recommendation

That Council:

1.    Provide ‘in-principle’ support to finalise negotiations and enter into a Works in Kind Agreement (WIKA) with the applicant for the development of part of Stage 2 and Stage 4 of the Moss Vale Road South Urban Release Area (Badagarang) for the following, except where further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding:

a.    The Applicant:

i.     Constructs shared paths and crossing thresholds, two and a half roundabouts and a section of the future second lead-in road.

ii.    Constructs drainage infrastructure including two wetlands, one bioretention basin, and one culvert.

iii.    Constructs four public open spaces (including embellishments).

iv.   Dedicates certain land for the section of the future second lead-in road associated with 1(a)(i) for the value of $65/sqm.

v.    Dedicates land for the section of the future second lead-in road outside of the URA boundary to Council for the negotiated value of $1.

vi.   Dedicates certain land for open space associated with 1(a)(iii) to Council for the value of $65/sqm.

b.    Council:

i.     Accepts the value of works at 1(a)(i) as an offset to the 01ROAD5145 project contributions for RA21/1003 and SF10895 Stage 1.

ii.    Accepts the value of works at 1(a)(ii) as an offset to the 01DRAI5006 project contributions for RA21/1003 and SF10895 Stage 1.

iii.    Accepts the value of works 1(a)(iii) as an offset to the 01OREC6015 project contributions for RA21/1003 and SF10895 Stage 1.

iv.   Accepts the dedication of the land at 1(a)(iv)(v) and (vi).

v.    Maintains the approach that cost of works in excess of the contributions levied for RA21/1003 and SF10895 for projects 01ROAD5145, 01DRAI5006 and 01OREC6015 (surplus value) will be funded by the developer and will not be offset or paid in the WIKA.

2.    Delegate authority to Council’s Chief Executive Officer, or his delegate, to finalise negotiations and prepare and enter into the WIKA consistent with the detailed key terms in Part 1 above, except where further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding.

3.    Notify the Applicant of this resolution.

RESOLVED (Clr Proudfoot / Clr Tribe)                                                                                   MIN25.50

That Council:

1.    Provide ‘in-principle’ support to finalise negotiations and enter into a Works in Kind Agreement (WIKA) with the applicant for the development of part of Stage 2 and Stage 4 of the Moss Vale Road South Urban Release Area (Badagarang) for the following, except where further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding:

a.    The Applicant:

i.     Constructs shared paths and crossing thresholds, two and a half roundabouts and a section of the future second lead-in road.

ii.    Constructs drainage infrastructure including two wetlands, one bioretention basin, and one culvert.

iii.    Constructs four public open spaces (including embellishments).

iv.   Dedicates certain land for the section of the future second lead-in road associated with 1(a)(i) for the value of $65/sqm.

v.    Dedicates land for the section of the future second lead-in road outside of the URA boundary to Council for the negotiated value of $1.

vi.   Dedicates certain land for open space associated with 1(a)(iii) to Council for the value of $65/sqm.

b.    Council:

i.     Accepts the value of works at 1(a)(i) as an offset to the 01ROAD5145 project contributions for RA21/1003 and SF10895 Stage 1.

ii.    Accepts the value of works at 1(a)(ii) as an offset to the 01DRAI5006 project contributions for RA21/1003 and SF10895 Stage 1.

iii.    Accepts the value of works 1(a)(iii) as an offset to the 01OREC6015 project contributions for RA21/1003 and SF10895 Stage 1.

iv.   Accepts the dedication of the land at 1(a)(iv)(v) and (vi).

v.    Maintains the approach that cost of works in excess of the contributions levied for RA21/1003 and SF10895 for projects 01ROAD5145, 01DRAI5006 and 01OREC6015 (surplus value) will be funded by the developer and will not be offset or paid in the WIKA.

2.    Delegate authority to Council’s Chief Executive Officer, or his delegate, to finalise negotiations and prepare and enter into the WIKA consistent with the detailed key terms in Part 1 above, except where further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding.

3.    Notify the Applicant of this resolution.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Clr Norris

CARRIED

 

CL25.42     Shoalhaven Family Day Care - Service Review - Future Direction

HPERM Ref: D25/38204

Note: A Deputation was received on this item.

Recommendation

That Council:

1.    Recognise the importance of childcare in the Shoalhaven and thank current and past educators with Shoalhaven Family Day Care for their dedication in supporting Shoalhaven families and children.

2.    Recognise that the provision of Family Day Care coordination in the Shoalhaven can be delivered through other Family Day Care providers, and there is no legislated requirement for Council to deliver this service.

3.    Commences the necessary steps to support and transition current Shoalhaven Family Day Care educators into another service.

4.    Notes the financial sustainability outcome achieved through transitioning out of the Family Day Care service is an ongoing benefit to Council of $90,000 per annum.

5.    Commences the necessary communications with educators and families that use the Shoalhaven Family Day Care service to prepare them to transition to a new provider.

6.    Immediately commence the necessary communications with relevant staff in line with the Local Government Award requirements.

RESOLVED (Clr White / Clr Kemp)                                                                                        MIN25.51

That Council:

1.       Recognise the importance of childcare in the Shoalhaven and thank current and past educators with Shoalhaven Family Day Care for their dedication in supporting Shoalhaven families and children.

2.       Recognise that the provision of Family Day Care coordination in the Shoalhaven can be delivered through other Family Day Care providers, and there is no legislated requirement for Council to deliver this service.

3.       Commences the necessary steps to support and transition current Shoalhaven Family Day Care educators into another service.

4.       Notes the financial sustainability outcome achieved through transitioning out of the Family Day Care service is an ongoing benefit to Council of $90,000 per annum.

5.       Commences the necessary communications with educators and families that use the Shoalhaven Family Day Care service to prepare them to transition to a new provider.

6.       Immediately commence the necessary communications with relevant staff in line with the Local Government Award requirements.

7.       Share enrolment documents with each educators chosen provider (if educator consents), subject to privacy provisions.

8.       Reimburse families for annual enrolment fee.

9.       Council reimburse educators for any reasonable costs arising from required amendments to existing signage at their premises.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Clr Tribe

CARRIED

 

CL25.43     Policy Review - Building Over Water / Sewer Pipelines Policy

HPERM Ref: D25/28651

Recommendation

That Council reaffirm the Building over Water/Sewer pipelines Policy with minor changes and additions.

RESOLVED (Clr Proudfoot / Clr Casmiri)                                                                               MIN25.52

That Council reaffirm the Building over Water/Sewer pipelines Policy with minor changes and additions.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

 CARRIED

 

CL25.44     Policy Review - Water and Sewer Headworks Charges (Section 64 Contributions) Assistance for Developments

HPERM Ref: D25/28888

Recommendation

That Council:

1.    Approve the modification of the Water & Sewerage Headworks Charges – Assistance for Developers Policy to come into force on 1 July 2025 following item 2 below.

2.    Publicly advertise the revised Policy in accordance with legislative requirements as soon as possible. If any significant submissions are received these will be considered in a further report to enable the finalisation of the Policy. If no (or minor) submissions are received then proceed to finalise the amendment to the Policy as notified, without any further reports.

RESOLVED (Clr Proudfoot / Clr White)                                                                                  MIN25.53

That Council:

1.    Approve the modification of the Water & Sewerage Headworks Charges – Assistance for Developers Policy to come into force on 1 July 2025 following item 2 below.

2.    Publicly advertise the revised Policy in accordance with legislative requirements as soon as possible. If any significant submissions are received these will be considered in a further report to enable the finalisation of the Policy. If no (or minor) submissions are received then proceed to finalise the amendment to the Policy as notified, without any further reports.

For:            Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

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 Norris / Clr Boyd)                                                               MIN25.54

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.

CCL25.2         Tenders - Supply Container Style Centrifuge

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.

 

CCL25.3         Tenders - Panel Contract - External Plant Hire

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 White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis

Against:    Nil

CARRIED

 

 

The meeting moved into confidential the time being 7:58pm.

 

 

The meeting moved into open session, the time being 8:00pm.

 

 

Report from confidential session

 

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

 

CCL25.2     Tenders - Supply Container Style Centrifuge

HPERM Ref: D25/18836

RESOLVED                                                                                                                          MIN25.55C

That:

1.    Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Flottweg Australia Pty Ltd for Supply Container Style Centrifuge for a total cost of $1,159,968.00 (excluding GST).

2.    The contract documents and any other associated documents be executed on behalf of the Council in accordance with Local Government (General) Regulation 2021 (section 165) by the CEO (Director City Services).

CARRIED

 

CCL25.3     Tenders - Panel Contract - External Plant Hire

HPERM Ref: D25/17654

RESOLVED                                                                                                                          MIN25.56C

That:

1.    Council endorses the recommendation of the Tender Evaluation Panel and appoints the specified suppliers to the External Plant Hire – Preferred Supplier Panel – Tender Reference 77034E.

2.    The contract documents and any other associated documents be executed on behalf of the Council in accordance with Local Government (General) Regulation 2021 (section 165) by the acting CEO (Director City Services).

CARRIED

 

 

 

There being no further business, the meeting concluded, the time being 8:03pm.

 

 

Clr White

CHAIRPERSON