Minutes of Ordinary Meeting - Tuesday, 10 June 2025

Minutes of the Ordinary Meeting

Meeting Date: Tuesday, 10 June 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 (left 9.12pm, returned 9.21pm)

Clr Karlee Dunn

Clr Jason Cox

Clr Peter Wilkins (left 9.12pm, returned 9.21pm)

Clr Bob Proudfoot

Clr Jemma Tribe

Clr Matthew Norris

Clr Gillian Boyd

Clr Natalee Johnston

Clr Ben Krikstolaitis

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.

The Mayor thanked the Deputy Mayor and Assistant Deputy Mayor, and staff for their assistance and dedication during her recent absence due to illness.

Apologies / Leave of Absence

RESOLVED (Clr White) MIN25.274

That:

1. The request for leave of absence for Clr Krikstolaitis for the period of 11 June 2025 to 2 July 2025 be granted.

2. Council note the apology submitted by Clr Johnston for the Extra Ordinary Meeting of the Council for 19 June 2025.

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

Against: Nil

CL25.179 Notice of Motion - CL25.164 Councillor Expenses and Facilities Policy - For Adoption	HPERM Ref: D25/236650
Recommendation That Council in accordance with Section 252 of the Local Government Act 1993, adopt the draft Councillor Expenses and Facilities Policy (Formerly known as “Council Members – Payment of Expenses and Provision of Facilities Policy”) as publicly exhibited and attached. (Attachment 1) to commence from 1 July 2025.
Clr Dunn raised a Point of Order, questioned whether the petition is relevant to the Councillors Expenses Policy. The Mayor ruled against the Point of Order
Clr Tribe raised a Point of Order as petition was included in the business paper as a submission that was received from the community ad not in the context of a petition. The Mayor ruled against the Point of Order.
Clr Krikstolaitis raised a Point of Order against Clr Kemp regarding her statements regarding the petitioner. The Mayor ruled against the Point of Order.
RESOLVED (Clr Kemp / Clr Clancy) MIN25.279 That Council: 1. In accordance with Section 252 of the Local Government Act 1993, adopt the draft Councillor Expenses and Facilities Policy (Formerly known as “Council Members – Payment of Expenses and Provision of Facilities Policy”) as publicly exhibited and attached. (Attachment 1) to commence from 1 July 2025. 2. Not accept the petition included in the report CL25.164 provided to the 27 May 2025 Ordinary Meeting - and the CEO investigate the inclusion of that petition and the CEO provide a report back on the investigation. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins and Clr Proudfoot Against: Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis CARRIED

CL25.180 Notice of Motion - Proposed Variation to Shoalhaven DCP Chapter G8: Onsite Sewage Management for Tomerong Village	HPERM Ref: D25/223032
Note: A Deputation was received on this item.
Recommendation That Council approve a general variation to the requirements of Chapter G8: Onsite Sewage Management in the Shoalhaven Development Control Plan (DCP) 2014 to allow pump out services to be provided (at developers expense) in appropriate circumstances for residential development or subdivisions at Tomerong (area zoned RU5 Village) for any development applications or similar received, acknowledging the planned delivery of a sewerage scheme for the village.
RESOLVED (Clr Tribe / Clr Kemp) MIN25.280 That: 1. Council approve a general variation to the requirements of Chapter G8: Onsite Sewage Management in the Shoalhaven Development Control Plan (DCP) 2014 to allow pump out services to be provided (at developers expense) in appropriate circumstances for residential development or subdivisions at Tomerong (area zoned RU5 Village) for any development applications or similar received, acknowledging the planned delivery of a sewerage scheme for the village. 2. Once the sewer is connected, the pump out system for the property be connected to the reticulation sewer and the temporary arrangements be removed. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis Against: Nil CARRIED

CL25.184 Local Government Remuneration Tribunal - Determination of Councillor and Mayoral Fees 2025/2026	HPERM Ref: D25/237820
Recommendation That Council: 1. Note the Local Government Remuneration Tribunal’s Annual Report and Determination dated 17 April 2025. 2. Adjust the Councillor Fee payable to Councillors from 1 July 2025 to 30 June 2026 to specific amount between $21,120 (minimum) and $34,820 (maximum) and for the Mayoral Additional Fee between $44,840 (minimum) and $101,470 (maximum). 3. Determine that the additional Mayoral fee (in full, or in part), not be paid directly to the Deputy Mayor when the Deputy Mayor is required to act in the position of Mayor during periods of approved leave.
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. (amended at Ordinary Meeting 17 June 2025)
procedural Motion (Clr Krikstolaitis) That the MOTION be PUT. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis Against: Nil PROCEDUARL MOTION CARRIED
RESOLVED (Clr Clancy / Clr Proudfoot) MIN25.290 That Council: 1. Note the Local Government Remuneration Tribunal’s Annual Report and Determination dated 17 April 2025. 2. Adjust the Councillor Fee payable to Councillors from 1 July 2025 to 30 June 2026 to $34,820 and the Mayoral Additional Fee of $101,470. 3. Defer the decision with respect to a Deputy Mayoral Fee for discussion between the Mayor and Deputy Mayor and CEO prior to a report being provided to the Council outlining arrangements for endorsement of the Council. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Norris and Clr Boyd Against: Clr Dunn, Clr Tribe, Clr Johnston and Clr Krikstolaitis CARRIED

CL25.185 Development Application - MA24/1134 modification of SF5332 Lot 22 DP717323 Wells Place Shoalhaven Heads	HPERM Ref: D25/194843
Note: A Deputation was received on this item.
Recommendation That Council determine the modification application by way of approval, and a consolidated consent including the approved modification be issued, as per Attachment 2.
RESOLVED (Clr Clancy / Clr Cox) MIN25.291 That Council determine the modification application to amend the approved subdivision of Lot 22 DP717232, including relocation of proposed reserve from Wells Place to Shoalhaven Heads Road frontage, by way of refusal for the reasons outlined below: Reasons for Refusal 1. Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the application is not supported because the proposed location of the public open space is within the mapped flood fringe and is therefore not fit for purpose. 2. Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the proposed development may have an adverse social and economic impact as a result of flooding impacts on neighbouring properties. 3. Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the information submitted with the development application does not satisfactorily demonstrate that the site is suitable for the proposed use. 4. Pursuant to Section 4.15(1)(d) of the Environmental Planning and Assessment Act 1979, due to the submissions made in objection to the modification. 5. Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposal is not in the public interest given the longstanding expectation of the local community. 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: Clr Dunn and Clr Krikstolaitis CARRIED

CL25.191 Report Back - Planning Proposal: Local Character (PP073) - Finalisation Options	HPERM Ref: D25/182369
Note: Clr Wilkins and Clr Casmiri returned to the meeting at 9.21pm
Recommendation That Council: 1. Proceed to adopt Planning Proposal PP073 as exhibited, and using Council’s delegation, forward to the NSW Parliamentary Counsel’s Office to draft the resulting Amendment to Shoalhaven Local Environmental Plan (LEP) 2014 and proceed to finalisation. 2. Monitor the effectiveness and operation of the Amendment for a period of 12 months following commencement and if needed Council will receive a further report detailing any relevant outcomes and any resulting proposed adjustments to improve or clarify the operation of the new character aims and objectives in Shoalhaven LEP 2014. 3. Depending on the information gathered from Part 2 of this resolution, if needed consider any earlier adjustments that are required to improve, clarify or improve the operation of the provisions in the LEP if the need arises. 4. Consider as part of Councils Stage 2 work on a New Land Use Planning Scheme, subject to funding and resourcing, the preparation of new or revised character statements with the community for inclusion in the Shoalhaven Development Control Plan. 5. Advise key stakeholders, including Community Consultative Bodies and those who made a submission during the exhibition period, of this decision and when the Amendment is made effective.
Note: Clr Kemp raised a Point of Order with concerns of the facial expressions of Councillors being shown towards others during the meeting. The Mayor asked all Councillors to remain respectful of each other or else they will be asked to leave.
Motion (Clr Tribe / Clr Krikstolaitis) That Council: 1. Proceed to adopt Planning Proposal PP073 as exhibited, and using Council’s delegation, forward to the NSW Parliamentary Counsel’s Office to draft the resulting Amendment to Shoalhaven Local Environmental Plan (LEP) 2014 and proceed to finalisation. 2. Monitor the effectiveness and operation of the Amendment for a period of 12 months following commencement and if needed Council will receive a further report detailing any relevant outcomes and any resulting proposed adjustments to improve or clarify the operation of the new character aims and objectives in Shoalhaven LEP 2014. 3. Depending on the information gathered from Part 2 of this resolution, if needed consider any earlier adjustments that are required to improve, clarify or improve the operation of the provisions in the LEP if the need arises. 4. As part of the Stage 2 work on a New Land Use Planning scheme, consider the preparation of new or revised character statements with the community for inclusion in the Shoalhaven Development Control Plan and in the meantime utilise the Shoalhaven Character Assessments Report (Roberts Day 2020) where required, with the exception of the ‘sensitivity to change’ rating which is to be disregarded. 5. Advise key stakeholders, including Community Consultative Bodies and those who made a submission during the exhibition period, of this decision and when the Amendment is made effective. For: Clr Dunn, Clr Tribe, Clr Norris, Clr Boyd, Clr Johnston and Clr Krikstolaitis Against: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Cox, Clr Wilkins and Clr Proudfoot MOTION LOST
Procedural Motion – EXTENSION of Meeting (Clr Casmiri / Clr Cox) That the meeting be extended to 10.00pm. For: Clr White, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot, Clr Tribe, Clr Norris, Clr Boyd and Clr Krikstolaitis Against: Clr Clancy and Clr Johnston PROCEDURAL MOTION CARRIED
RESOLVED (FORESHADOWED MOTION) (Clr Proudfoot / Clr Wilkins) MIN25.297 That Council: 1. Not proceed with Planning Proposal PP073 and advise the NSW Department of Planning, Housing & infrastructure accordingly. 2. As part of the Stage 2 work on a New Land Use Planning Scheme for Shoalhaven, Council consider the preparation of new or revised character statements with the community, subject to funding and resourcing, for inclusion only in the Shoalhaven Development Control Plan. 3. Advise key stakeholders, including Community Consultative Bodies and those who made a submission during the exhibition period. For: Clr White, Clr Clancy, Clr Kemp, Clr Casmiri, Clr Dunn, Clr Cox, Clr Wilkins, Clr Proudfoot and Clr Boyd Against: Clr Tribe, Clr Norris, Clr Johnston and Clr Krikstolaitis FORESHADOWED MOTION CARRIED Note: A rescission motion was received on this item.