Minutes of the Ordinary Meeting
Meeting Date: Tuesday, 17 June 2025
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.31pm
The following members were present:
Clr Patricia White - Chairperson
Clr Selena Clancy
Clr Denise Kemp
Clr Luciano Casmiri
Clr Karlee Dunn
Clr Jason Cox
Clr Peter Wilkins
Clr Bob Proudfoot
Clr Jemma Tribe
Clr Matthew Norris
Clr Gillian Boyd
Clr Natalee Johnston
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.
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Apologies / Leave of Absence |
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A Leave of Absence was previously granted to Clr Krikstolaitis for this meeting. |
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Confirmation of the Minutes |
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RESOLVED (Clr Wilkins / Clr Kemp) MIN25.301 That the Minutes of the Ordinary Meeting held on Tuesday 10 June 2025 be confirmed, with the following correction to the wording of the Point of Order for CL25.184: Clr White raised a Point of Order against Clr Tribe in relation to her comments on the reported job cuts target by 2026/2027. The Chairperson asked Clr Tribe to withdraw her comments and apologise unreservedly. After repeated attempts to elicit an apology, Clr Tribe withdrew her comments and apologised unreservedly. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Cox, Clr Wilkins and Clr Proudfoot Against: Clr Dunn, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston |
Clr Tribe – CL25.207 - Affordable Housing Action Taskforce Establishment – less than significant non pecuniary interest declaration – Dr Ron Silberberg and Renee Knight are both known to Councillor through the Liberal Party and the Exec Committee, of which Councillor is no longer a member – will remain in the room and will take part in discussion and vote.
Clr Norris – CL25.207 - Affordable Housing Action Taskforce Establishment – less than significant non pecuniary interest declaration – persons recommended for the Committee are known to the Councillor – will remain in the room and will take part in discussion and vote.
Clr Boyd – CL25.207 - Affordable Housing Action Taskforce Establishment – less than significant non pecuniary interest declaration – one of the recommended members is a friend to the Councillor and a member of the Labor Party – will remain in the room and will take part in discussion and vote.
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Introduction of Items as Matters of Urgency |
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RESOLVED (Clr Casmiri / Clr Johnston) MIN25.302 That the following addendum report be introduced as a matter of urgency: 1. MM25.13 Mayoral Minute - Progress Report - Recruitment of CEO For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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The Chairperson ruled the matter as one of urgency as it relates to urgent business of Council and allowed the introduction. |
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MM25.13 Mayoral Minute - Progress Report - Recruitment of CEO |
HPERM Ref: D25/256237 |
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Note: The CEO left the chamber, the time being 5:40pm |
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That Council note the progress of the recruitment process for a CEO for Shoalhaven City Council. |
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RESOLVED (Clr White / Clr Proudfoot) MIN25.303 That Council note the progress of the recruitment process for a CEO for Shoalhaven City Council. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil
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Note: The CEO returned to the chamber, the time being 5:42pm
CL25.193 - Adoption of the Lower Shoalhaven River Coastal Management Program
Ms Robyn Flack addressed the meeting on behalf of the Shoalhaven Heads Community Forum to speak AGAINST the recommendation.
CL25.202 - Narrawallee Creek Road, Lake Conjola - Maintenance Responsibility
Mr Tristian Knights addressed the meeting to speak AGAINST the recommendation.
CL25.204 - Proposed Road Closure - Depot Beach Road, Depot Beach
Mr Peter Ireland addressed the meeting to speak AGAINST the recommendation.
CL25.206 - Initial Consideration - New Proponent Initiated Planning Proposal – 28 Bowen Street and 34-38 Hawke Street, Huskisson
Mr Anthony Rizzuto addressed the meeting on behalf of the Huskisson Woollamia Community Voice to speak AGAINST the recommendation.
Mr Lee Carmichael addressed the meeting to speak FOR the recommendation.
Notices of Motion / Questions on Notice
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CL25.195 Rescission Motion - CL25.191 Report Back - Planning Proposal: Local Character (PP073) - Finalisation Options |
HPERM Ref: D25/254191 |
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That Council rescind the Motion relating to Item CL25.191 Report Back - Planning Proposal: Local Character (PP073) - Finalisation Options of the Council Meeting held on Tuesday 10 June 2025. |
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Clr Proudfoot raised a Point of Order against Clr Johnston, noting the personal nature of her comments. The Mayor requested the Point of Order be recorded in the Minutes. |
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motion (Clr Tribe / Clr Norris) MIN25.304 That Council rescind the Motion relating to Item CL25.191 Report Back - Planning Proposal: Local Character (PP073) - Finalisation Options of the Council Meeting held on Tuesday 10 June 2025. For: Clr Dunn, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Cox, Clr Wilkins and Clr Proudfoot |
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CL25.197 Notice of Motion - Planning & Development Committee |
HPERM Ref: D25/218712 |
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That Council direct the Acting CEO to draft a Planning and Development Committee Terms of Reference and associated documentation, and report back to Council for consideration. |
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Motion (Clr Casmiri / Clr Wilkins) That Council direct the Acting CEO to draft a Planning and Development Committee Terms of Reference and associated documentation, and report back to Council for consideration. |
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Amendment (Clr Tribe / Clr Johnston) That a workshop be scheduled to enable Councillors to workshop the Terms of Reference and report back to Council. For: Clr Dunn, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Cox, Clr Wilkins and Clr Proudfoot AMENDMENT LOST |
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RESOLVED (MOTION) (Clr Casmiri / Clr Wilkins) MIN25.305 That Council direct the Acting CEO to draft a Planning and Development Committee Terms of Reference and associated documentation, and report back to Council for consideration. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot and Clr Norris Against: Clr Tribe, Clr Boyd and Clr Johnston |
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Call Over of the Business Paper
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Call Over of Business Paper - En block – City Performance |
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RESOLVED (Clr Dunn / Clr Boyd) MIN25.306 That the following item from City Performance Directorate be resolved en block: · CL25.200 - Ongoing Register of Pecuniary Interest Returns - May 2025 Note – the items will be marked with an asterisk (*) in these Minutes. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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Call Over of Business Paper - En block – City Services |
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RESOLVED (Clr Norris / Clr Proudfoot) MIN25.307 That the following item from City Services Directorate be resolved en block: · CL25.203 - Public Road Dedication - Part Lot 262 DP 794245 Moss Vale Road, Badagarang Note – the items will be marked with an asterisk (*) in these Minutes. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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Call Over of Business Paper - En block – Shoalhaven Water |
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RESOLVED (Clr Dunn / Clr Casmiri) MIN25.308 That the following item from Shoalhaven Water Directorate be resolved en block: · CL25.208 - Tenders - Jervis Bay Territory Water Main Extension Note – the items will be marked with an asterisk (*) in these Minutes. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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CL25.198 Audit Risk and Improvement Committee Four-Year Strategic Workplan and Internal Audit Charter |
HPERM Ref: D25/240283 |
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That Council: 1. Receive and approve the ARIC four-year Strategic Workplan. 2. Endorse the changes to the Internal Audit Charter. |
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RESOLVED (Clr White / Clr Boyd) MIN25.309 That Council: 1. Receive and approve the ARIC four-year Strategic Workplan. 2. Endorse the changes to the Internal Audit Charter. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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HPERM Ref: D25/172764 |
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That Council adopt the Draft Code of Meeting Practice as provided as attached to the report. |
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RESOLVED (Clr Proudfoot / Clr Cox) MIN25.310 That Council adopt the Draft Code of Meeting Practice as provided as attached to the report. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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Items marked with an * were resolved ‘en block’.
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CL25.200 Ongoing Register of Pecuniary Interest Returns - May 2025 |
HPERM Ref: D25/217467 |
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RESOLVED* (Clr Dunn / Clr Boyd) MIN25.311 That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 May 2025 to 31 May 2025 be received for information. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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HPERM Ref: D25/247411 |
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That Council receive the Record of Investments for the period to 31 May 2025. |
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RESOLVED (Clr Proudfoot / Clr Wilkins) MIN25.312 That Council receive the Record of Investments for the period to 31 May 2025. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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CL25.202 Narrawallee Creek Road, Lake Conjola - Maintenance Responsibility |
HPERM Ref: D25/165524 |
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Note: A Deputation was received on this item. |
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That Council: 1. Note the outcome of the investigation into the responsibility for maintaining Narrawallee Creek Road, Lake Conjola. 2. Endorse the position that Narrawallee Creek Road is not maintained by the Council and the maintenance is the joint responsibility of the proprietors of the lots burdened per the Section 88B instrument of D.P. 827665. |
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RESOLVED (Clr Boyd / Clr Proudfoot) MIN25.313 That Council, due to the particular circumstances of Narrawallee Creek Road, Lake Conjola: 1. Resolve to maintain the road in accordance with the associated asset management plans: a. Sealed Roads b. Unsealed Roads c. Drainage 2. Direct the CEO (or delegate) to take appropriate steps to modify the 88B instrument to reflect the new maintenance arrangements. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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Items marked with an * were resolved ‘en block’.
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CL25.203 Public Road Dedication - Part Lot 262 DP 794245 Moss Vale Road, Badagarang |
HPERM Ref: D25/189034 |
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RESOLVED* (Clr Norris / Clr Proudfoot) MIN25.314 That Council 1. Authorise the dedication of the land identified as the constructed road through Lot 262 DP 794245 Moss Vale Road, Badagarang as shown on Figure 1 to this report and subject to survey, as a public road pursuant to section 10 of the Roads Act 1993, by notice published in the NSW Government Gazette. 2. Authorise the Common Seal of the Council of the City of Shoalhaven affixed to any documents required to be sealed and delegate authority to the Chief Executive Officer (Director City Services) to sign any documentation necessary to give effect to this resolution. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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CL25.204 Proposed Road Closure - Depot Beach Road, Depot Beach |
HPERM Ref: D25/215900 |
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Note: A Deputation was received on this item. |
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That Council; 1. Proceed with the resolution of 8 April 2024 (MIN24.179 - Part 6) and close the identified section of Depot Beach Road by notice in the Government Gazette. 2. Create a right of carriageway, subject to survey and final location, over the closed road for access to the constructed public road system benefitting Lot 7 DP247077, Lot 1 DP246692, and Lot 8 DP247077. 3. Classifies the closed section of road as Operational land following public notice of the proposed classification under the Local Government Act 1993. 4. Authorise the Common Seal of the Council of the City of Shoalhaven to be affixed to any document required to be sealed and delegate authority to the Chief Executive Officer (Director City Services) to sign any documentation necessary to give effect to this resolution. |
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RESOLVED (Clr Johnston / Clr Cox) MIN25.315 That 1. Council does not proceed as per resolution MIN24.179 and retains the land as public road reserve, noting the land will not be sold and will remain in Council ownership, and that Council will not realise the income contribution towards its land sales strategy. 2. Council’s previous resolution MIN24.179 (Part 6) be rescinded. For: Clr White, Clr Clancy, Clr Casmiri, Clr Dunn, Clr Cox, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Clr Kemp, Clr Wilkins and Clr Proudfoot |
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CL25.205 Tenders - Shoalhaven Material Recovery Facility - Pavements |
HPERM Ref: D25/253543 |
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That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. |
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RESOLVED (Clr Wilkins / Clr Dunn) MIN25.316 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 Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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CL25.193 Adoption of the Lower Shoalhaven River Coastal Management Program |
HPERM Ref: D25/74614 |
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Note: A Deputations was received on this item. Note: Clr Dunn left the chamber at 8.07pm and was absent for the vote on this item. |
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1. That Council 2. Adopt the Lower Shoalhaven River Coastal Management Program (CMP) and the CMP be submitted to the relevant NSW Government Minister for certification. 3. Note the resourcing requirements encompassed by the plan and its actions (Stage 5 implementation), with capital and operational allocations to be determined via budget processes, and the reliance on grant funding for delivery. 4. Note that the Northern CMP Advisory Committee have requested that Council consider, through the implementation of the Lower Shoalhaven River CMP, additional sites for water testing where available resources and funding can be identified. |
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RESOLVED (Clr Clancy / Clr Cox) MIN25.317 That Council: 1. Defer the report for a further public briefing on the draft Lower Shoalhaven River Coastal Management Program (CMP) to address: a. potential amendments to the draft CMP including: i. Removal of living shoreline from 1-3 year implementation program. ii. Increasing the boat ramp infrastructure allocation to reflect river-wide need. iii. Substantive Berry’s Canal solutions beyond consultative workshops. iv. Addressing the water quality monitoring gaps as requested by the Advisory Committee. v. Integration with the Floodplain Risk Management Study as the community has requested. vi. Embedding the mangrove removal permit requirements. vii. Addressing the sewage infrastructure and overflow pollution concerns. viii. Enabling dredging for channel management and flood mitigation. b. The resourcing and implementation of the draft CMP be reviewed if it were to be adopted. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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CL25.206 Initial Consideration - New Proponent Initiated Planning Proposal – 28 Bowen Street and 34-38 Hawke Street, Huskisson |
HPERM Ref: D25/219960 |
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Note: A Deputation was received on this item. Note: Clr Dunn returned to the chamber, the time being 8.09pm. |
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That Council: 1. Support the Planning Proposal (PP) request to amend the Clause 4.3 Height of Building development standard related to the subject land to 12 metres within the Shoalhaven Local Environmental Plan 2014 2. Prepare and submit the required PP documentation to the NSW Department of Planning, Housing and Infrastructure (DPHI) for initial Gateway determination. 3. If significant public interest is received during the required public exhibition, following Gateway determination, receive a report back to consider its finalisation. |
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RESOLVED (Clr Proudfoot / Clr White) MIN25.318 That Council: 1. Support the Planning Proposal (PP) request to amend the Clause 4.3 Height of Building development standard related to the subject land to 12 metres within the Shoalhaven Local Environmental Plan 2014 2. Prepare and submit the required PP documentation to the NSW Department of Planning, Housing and Infrastructure (DPHI) for initial Gateway determination. 3. If significant public interest is received during the required public exhibition, following Gateway determination, receive a report back to consider its finalisation. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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HPERM Ref: D25/221374 |
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That Council: 1. Appoint the recommended members identified in Attachment 1 to the Affordable Housing Action Taskforce. 2. Appoint the Mayor and three (3) Councillors as representatives for each ward (Wards 1,2 and 3). 3. Endorse the Terms of Reference for the Affordable Housing Action Taskforce provided as Attachment 2. 4. Elect a chair for the Affordable Housing Action Taskforce. |
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RESOLVED (Clr White / Clr Cox) MIN25.319 That Council: 1. Appoint and elect the following Councillors as representatives to the Affordable Housing Action Taskforce a. Mayor as Chairperson b. Three (3) Councillors - Clr Casmiri, Clr Tribe, Clr Dunn 2. Endorse the Terms of Reference for the Affordable Housing Action Taskforce with inclusions identified in Part 1. 3. Resolve that all applications received for the Taskforce be reviewed by the Chairperson and staff according to the Terms of Reference, to make a recommendation to Council to determine membership. 4. Receive a further report back to determine membership of the Taskforce. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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Items marked with an * were resolved ‘en block’.
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CL25.208 Tenders - Jervis Bay Territory Water Main Extension |
HPERM Ref: D25/195777 |
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RESOLVED* (Clr Dunn / Clr Casmiri) MIN25.320 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 Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
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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.
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RESOLVED (Clr Norris / Clr Wilkins) MIN25.321 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. CCL25.18 Tenders - Shoalhaven Material Recovery Facility - Pavements 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. CCL25.19 Tenders - Jervis Bay Territory Water Main Extension 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 Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Johnston Against: Nil |
The meeting moved into confidential the time being 8.26pm.
The meeting moved into open session, the time being 8.33pm.
Report from confidential session
The following resolutions of the meeting, whilst closed to the public, were made public.
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CCL25.18 Tenders - Shoalhaven Material Recovery Facility - Pavements |
HPERM Ref: D25/253602 |
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RESOLVED MIN25.322C That 1. Council rescinds the resolution of MIN25.272C which awarded the contract for Shoalhaven Material Recovery Facility - Pavements to Jirgens Civil Pty Ltd following their withdrawal.
2. Council endorses the recommendation to accept the Tender from Pascall Group Pty Ltd for Shoalhaven Material Recovery Facility - Pavements for a total cost of $1,180,371.51 (excluding GST). 3. 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 (Manager, Technical Services). |
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CCL25.19 Tenders - Jervis Bay Territory Water Main Extension |
HPERM Ref: D25/247375 |
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RESOLVED MIN25.323C That 1. Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Quickway Constructions Pty Ltd for Jervis Bay Territory Water Main Extension for a total cost of $7,268,552.57 (including GST) being the sum of the submitted Tender Amount plus clarification amounts associated with contractor insurance provisions, use of biodegradable mud in underboring applications, discharge of bore slurry into JBT wastewater network and PFAS Management Plan. 2. Council undertake further discussions with NSW National Parks with regards to the proposed installation method within Separable Portion 1, and in doing so further investigate the potential savings (circa $560k) indicated in Quickway Constructions Pty Ltd’s Tender associated with the suggested change in installation method for Separable Portion 1 from underbored to open trench; with such potential savings to be incorporated into the Contract by means of a negative Variation as and if approved; 3. A recommended contingency amount of $3,719,979.20 (based on several Departure/Clarifications amounts specified) be established to allow for risks associated with PFAS contaminated material disposal at licensed waste facilities; and 4. 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 Shoalhaven Water) and in accordance with the Contract between Shoalhaven City Council and the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (on behalf of the Commonwealth of Australia). |
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There being no further business, the meeting concluded, the time being 8.38pm.
Clr White
CHAIRPERSON