pmhc_logo_VER_smallMINUTES                                                                             Ordinary Council Meeting

                                                                                                                        20/11/2013

 

 

 

 PRESENT

 

Members:

 

Councillor Peter Besseling (Mayor)

Councillor Rob Turner

Councillor Adam Roberts (Deputy Mayor)

Councillor Lisa Intemann

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Trevor Sargeant

Councillor Michael Cusato

Councillor Sharon Griffiths

 

Other Attendees:

 

General Manager (Tony Hayward)

Director of Infrastructure & Asset Management (Jeffery Sharp)

Director of Commercial Services & Industry Engagement (Craig Swift-McNair)

Director of Development & Environment (Matt Rogers)

Director of Community & Organisational Development (Lesley Atkinson)

Group Manager Governance & Executive Services (Stewart Todd)

Communications Co-ordinator (Lyndal Harper)

Governance Support Officer (Bronwyn Lyon)

 

 

The meeting opened at 5.31pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Mayor opened the Meeting with an Acknowledgement of Country and welcomed all in attendance in the Chamber.

 

 

02       LOCAL GOVERNMENT PRAYER

Pastor Rob Hefren from the Port City Church delivered the Local Government Prayer.

 

03       APOLOGIES

Nil.

 

04       CONFIRMATION OF MINUTES

resolved:   Levido/Sargeant

That the Minutes of the Ordinary Council Meeting held on 16 October 2013 be confirmed.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Roberts declared a Pecuniary Interest in Item 06.01 - 2013 Carols by Candlelight Event Funding, the reason being that Councillor Roberts’ business “Yankee Deli” is a stall holder at the event should it go ahead.  Councillor Roberts also declared a Non-Pecuniary, Significant Interest in this item the reason being that Councillor Roberts has a direct relative on the Grace Church Executive Committee.

 

Councillor Roberts declared a Non-Pecuniary, Significant Interest in Item 11.09 - DA2013 - 0349 - Alterations and Additions to 3 Storey Dwelling-House Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 3 DP 236279, 105 Matthew Flinders Drive, Port Macquarie (PIN 13336), the reason being that Councillor Roberts has a close family friend who is a direct neighbour of this development site and may be affected by the outcome of any resolution on this item.

 

Councillor Intemann declared a Non-Pecuniary, Insignificant Interest in Item 11.08 - DA 2013 - 0286 - Earthworks Associated With Recreation Area Lot 16 DP 1122022, 79 Ocean Drive, Port Macquarie (PIN 55276), the reason being that a political supporter of Councillor Intemann is addressing this item on an issue of which she is not aware of the details or nature. Councillor Intemann does not perceive an appreciable gain or loss.

 

Councillor Sargeant declared a Non-Pecuniary, Insignificant Interest in Item 11.05 - Exhibition of Koala Habitat and Vegetation Mapping, the reason being that Councillor Sargeant receives a salary from an agency involved in the management of forests in New South Wales.

 

Councillor Levido declared a Non-Pecuniary, Insignificant Interest in Item 10.02 - Question on Notice - Council Owned Land in William Street, Port Macquarie (PIN 34119), the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers which operates its business from premises at 111 William Street, Port Macquarie.

 

 

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 11.09 - DA2013 - 0349 - Alterations and Additions to 3 Storey Dwelling-House Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 3 DP 236279, 105 Matthew Flinders Drive, Port Macquarie (PIN 13336), the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting for a landowner whose property adjoins the subject property and how has caused an objection to be lodged with respect to the proposed development.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 11.11 - T-13-25 Kew Waste Management Facility Design and Documentation (PIN 50972-57445), the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting (and myself personally) for an entity (and its principals personally)  being one of the unsuccessful tenderers with respect to the subject tender.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.03 - Rationalisation of Land Boundaries - Lake Road, Gordon and Munster Streets, Port Macquarie, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting (and myself personally) for the lessee of the property the subject of this report.

 

Councillor Levido declared a Pecuniary Interest in Item 12.04 - Status of Port Macquarie-Hastings Bus Route Alterations and Associated Bus Stops, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, which operates its business from premises at 111 William Street, Port Macquarie.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.06 - Thrumster Neighbourhood DCP Provisions: Partridge Creek and West Lindfield - Public Exhibition Report, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting (and myself personally) for a landowner within the West Lindfield Neighbourhood the subject of this report.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.07 - Proposed Variation to draft LEP Height of Building Map - Warlters Street, Settlement City Precinct, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, acting for three parties who have interests in the Settlement City Precinct.

 

Councillor Turner declared a Non-Pecuniary, Significant Interest in Item 12.07 - Proposed Variation to draft LEP Height of Building Map - Warlters Street, Settlement City Precinct, the reason being that Councillor Turner is a director and shareholder of Hort Property Pty Ltd which owns a property at 36 Horton Street which is adjacent to one of Council’s current designated bus stops in the Port Macquarie CBD.

 

 

06.01  2013 Carols by Candlelight Event Funding

 

Councillor Roberts declared a Pecuniary and a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 05.42pm.

 

 

RESOLVED:   Besseling

 

That Council:

1.       Provide $4,800 from the Community Grants Program to the Grace Church to assist in their running the 2013 Christmas Carols by Candlelight.

2.       Provide $4,500 from the Community Grants Program to the Port Macquarie City Church to assist in the running of their 2013 Christmas luncheon.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant and Turner

Against:       Nil

 

Councillor Roberts returned to the meeting, the time being 05:42pm.

 

 

06.02  Mayoral Discretionary Fund Allocations

RESOLVED:  Besseling

 

That the Mayoral Discretionary Fund allocations for the period 5 October to 7 November 2013 be noted.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

06.03  Australian Roads Research Board Group Inc (ARRB) Roads Review Report

RESOLVED:  Besseling/

 

1.       That the Report from ARRB into Council's road construction and maintenance operations be noted.

2.       That the review findings "that Council’s operation has a number of key strengths which bode well for the future, with highly experienced technical staff, effective teams and in-depth knowledge of Council’s network" be noted.

3.       That the General Manager provide a response at the March 2014 Council Meeting, to the recommendations contained in the report giving reference to the cost implications of their implementation or otherwise.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:  Besseling/Intemann

That Standing Orders be suspended to allow 08.01 to be brought forward and considered next.

 

 

08.01  Confidential Correspondence to Ordinary Council Meeting

 Resolved:  Intemann/Roberts

That Council determine that the attachments to Item numbers 09.01, 10.02, 11.11 and 12.05 and be considered as confidential, in accordance with Section 11(3) of the Local Government Act.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

07       PUBLIC FORUM

The Mayor advised of applications to address Council in the Public Forum from:

 

1.         Ms Elizabeth Davidson regarding development applications.

2.         Mr William Turner regarding the Glasshouse and its friends.

3.         Ms Jenny Daniel regarding snake problem on rainbow beach reserve.

RESOLVED:  Intemann/Hawkins

That the above requests to speak in the Public Forum be acceded to.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

07.01     DEVELOPMENT APPLICATIONS

Ms Elizabeth Davidson addressed Council in regard to development applications and answered questions from Councillors.

 

 

07.02     The Glasshouse and its Friends

Mr William Turner addressed Council in regard to the Glasshouse and its friends.

 

 

07.03     Snake Problem on Rainbow Beach Reserve

Ms Jenny Daniel addressed Council in regard to a snake problem on Rainbow Beach Reserve.

 

 

REQUESTS TO SPEAK ON AN AGENDA ITEM

The Mayor advised of requests to speak on an agenda item, as follows:

Item 10.03 - Mr Tony Thorne in support of the recommendation.

Item 11.04 - Mr Gregory Smith in opposition to the recommendation.

Item 11.04 - Mr Malcolm McDonald in opposition to the recommendation.

Item 11.05 - Mr Jason Berrigan in support of the recommendation.

Item 11.05 - Mr Tony Thorne in opposition to the recommendation.

Item 11.05 - Mr Bob Sharpham in support of the recommendation.

Item 11.08 - Mr Jamie Harrison in opposition to the recommendation.

Item 11.09 - Mr Tony Thorne in support of the recommendation.

Item 11.09 - Mr R Snow in support of the recommendation.

Item 12.01 - Mr Jack Pike in opposition to the recommendation.

Item 12.07 - Mr Tony Thorne in support of the recommendation.

Item 12.08 - Mr Tony Thorne in support of the recommendation.

 

RESOLVED:  Turner/Roberts

That the requests to speak on an agenda item be acceded to.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:  Cusato/Hawkins        

That Standing Orders be suspended to allow Items 10.03, 11.04, 11.05, 11.08, 11.09, 12.01, 12.07 and 12.08 to be brought forward and considered next.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

 

10.03  Economic Development Strategy

 

Mr Tony Thorne, representing the Hastings Construction Industry Association as part of the Economic Development Steering Group, addressed Council in support of the recommendation and answered questions from Councillors.

 

 Resolved:  Turner/Cusato

 

That Council:

1.       Note the submissions and feedback received during the exhibition of the draft Economic Development Strategy.

2.       Adopt the Port Macquarie-Hastings Economic Development Strategy 2013 - 2016.

3.       Request that the General Manager table a report at the February 2014 meeting of Council detailing how actions in outcome 1 of the Economic Development Strategy, being a whole-of-organisation approach to economic development, will be implemented.

 4.      Request that the General Manager report to Council on a six monthly basis on progress against the actions in the Economic Development Strategy commencing in June 2014.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.04  Recommended Item from Hastings LGA Coast & Estuaries Sub-Committee - Lake Cathie Coastal Zone Management Plan

 

Mr Gregory Smith, representing the Lake Cathie Residents Group, addressed Council in opposition to the recommendation and answered questions from Councillors.

 

Mr Malcolm McDonald, representing the Lake Cathie Coastal Residents Group, addressed Council in opposition to the recommendation.

 

 Resolved:  Turner/Cusato

 

1.       That Council adopt the Lake Cathie Coastal Zone Management Plan (2013).

2.       That Council seek funding for the total cost of a revetment wall construction from both the NSW and Commonwealth Governments.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.05  ExhibItion of Koala Habitat and Vegetation Mapping

 

Councillor Sargeant declared a Non-Pecuniary, Insignificant Interest in this matter and remained in the room during the Council's consideration.

 

Mr Jason Berrigan, representing Darkheart Eco-Consultancy, addressed Council in support of the recommendation and answered questions from Councillors.

 

Mr Tony Thorne, representing King and Campbell Pty Ltd, addressed Council in opposition to the recommendation and answered questions from Councillors.

 

Mr Bob Sharpham, representing the Koala Hospital, addressed Council in support of the recommendation.

 

 

Resolved:   Levido/Roberts

 

That Council:

1.            Note the Biolink Koala Habitat & Vegetation Mapping datasets;

2.            Produce, from the Biolink datasets, a series of Vegetation Maps and Koala Habitat Maps for the Port Macquarie-Hastings LGA that can be made publicly available;

3.            Implement (and report as to) a process of ongoing review and revision of the Biolink datasets to address issues & areas of concern and to amend the Vegetation Mapping and Koala Habitat Mapping where required; and

4.            Review the resultant data, as part of any future policy development processes, to ensure the information is “fit for purpose” but on the basis that no policy shall be adopted and implemented without the further approval of Council.

5.            That the General Manager report to the March 2014 Meeting of Council addressing concerns raised about methodologies used in determining vegetation communities (including Endangered Ecological Communities (EEC)) and koala activity for the purposes of the Biolink Koala Habitat & Vegetation Mapping datasets .

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.08  DA 2013 - 0286 - Earthworks Associated With Recreation Area Lot 16 DP 1122022, 79 Ocean Drive, Port Macquarie (PIN 55276)

 

Councillor Intemann declared a Non-Pecuniary, Insignificant Interest in this matter and remained in the room during the Council's consideration.

 

Mr Jamie Harrison addressed Council in opposition to the recommendation and answered questions from Councillors.

 

 Resolved:  Cusato/Hawkins

That DA 2013/286 regarding earthworks associated with a recreation area at Lot 16, DP 1122022, No. 79 Ocean Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.09  DA2013 - 0349 - Alterations and Additions to 3 Storey Dwelling-House Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 3 DP 236279, 105 Matthew Flinders Drive, Port Macquarie (PIN 13336)

 

Councillor Roberts declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 07.25pm.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 07.25pm.

 

 

Mr Tony Thorne, representing Mr and Mrs B Kemmett, no questions.

 

Mr Rob Snow, representing Mr and Mrs B Kemmett, no questions.

 

 Resolved:  Intemann/Turner

That DA 2013 - 0349 for alterations and additions to a 3 storey dwelling-house, including clause 4.6 variation to clause 4.3 (height of buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011, at Lot 3, DP 236279, No. 105 Matthew Flinders Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

carried:      7/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Sargeant and Turner

Against:       Nil

Councillor Levido returned to the meeting, the time being 07:28pm.

Councillor Roberts returned to the meeting, the time being 07:28pm.

 

 

12.01  Wauchope Skate Park

 

Mr Jack Pike addressed Council in opposition to the recommendation and answered questions from Councillors.

 

 Resolved:  Intemann/Levido

 

That Council adopt Landrigan Park as the location for a new skate park at Wauchope and that concept plans for this facility be developed by 30 June 2014.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.07  Proposed Variation to draft LEP Height of Building Map - Warlters Street, Settlement City Precinct

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 07:38pm.

 

Mr Tony Thorne, representing King and Campbell Pty Ltd, addressed Council in support of the recommendation.

 

 Resolved:  Sargeant/Hawkins

 

That Council:

1.       Endorse the amendment to the exhibited draft Height of Building Map applying to Lot 2 DP1163062 (Kmart site), Lot 1 DP1163062 (St Josephs Primary School) and Lot 3 DP263340 (Council-owned land), as shown in this report, to retain a maximum 11.5m building height for the Warlters Street edge and take into account future road widening.

2.       Advise the owners of Lots 1 and 2 DP1163062 of the outcome of this report.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 07:39pm.

 

 

12.08  Growth Constraints - Oxley Highway/Wrights Road Intersection, Port Macquarie [SF13/1207]

 

Mr Tony Thorne, representing King and Campbell Pty Ltd and on behalf of Port Macquarie Investment Pty Ltd, addressed Council in support of the recommendation and answered questions from Councillors.

 

 Resolved:  Turner/Levido

 

That Council:

1.       Make representations through Leslie Williams, State Member for Port Macquarie, to the Hon. Duncan Gay, NSW Minister for Roads and Ports, requesting that the NSW  State Government upgrade the Wrights Road/Oxley Highway intersection as an urgent priority.

2.       That a post-exhibition report on the bulky goods planning proposal for no. 18 John Oxley Drive be brought before Council for the December 2013 Council Meeting.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.02  Status of Outstanding Reports to Council - November 2013

 Resolved:  Roberts/Hawkins

 

1.       That the information in the November 2013 Status of Outstanding Reports to Council be noted.

 

2.       That in the event of a listed report being re-scheduled to be provided at a later than the previously advertised date, the reasons why shall be included within this report.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.03  Code of Conduct Complaint Statistics

 Resolved:  Intemann/Griffiths

That Council:

1.       Note the Code of Conduct Complaint Statistics (zero complaints) for the period 1 September 2012 to 31 August 2013.

2.       Forward the Code of Conduct Complaint Statistics to the Division of Local Government.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

08.04  Payment of Expenses and Provision of Facilities to Councillors Policy

 Resolved:  Intemann/Cusato

That Council:

1.       Adopt the Payment of Expenses and Provision of Facilities to Councillors Policy, as attached.

2.       Pursuant to section 253 of the Local Government Act 1993, forward to the Division of Local Government:

a)    A copy of the adopted Payment of Expenses and Provision of Facilities to Councillors Policy.

b)    A copy of this report.

c)    A copy of the notice of public exhibition and submission.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.05  Disclosure of Interest Return

 Resolved:  Intemann/Levido

Motion:  Intemann/Levido

That the Disclosure of Interest returns for the Group Manager Transport and Stormwater Network, Development Engineer and the Group Manager Assets and Systems be noted.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.06  Report on Attendance at the 2013 AAPA International Flexible Pavements Conference

 Resolved:  Turner/Intemann

 

That Council note the conference report provided by Councillor Intemann on her attendance at the 2013 Australian Asphalt Pavement Association International Flexible Pavements Conference.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.07  Annual Financial Statements for the year ended 30 June 2013

 Resolved:  Hawkins/Intemann

 

That Council adopts the Annual Financial Statements for the year ended 30 June 2013, as submitted, together with the Auditor’s Report.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.08  Monthly Review of Financial Position - October 2013

 Resolved:  Intemann/Hawkins

 

That Council adopt the adjustments included in the “Financial Implications” section of the Monthly Review of Financial Position report for October 2013.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.09  Investments - October 2013

 Resolved:  Hawkins/Roberts

 

1.       That Council receive and note the Investment Report for the month of October 2013.

2.       That the budget projections be reviewed quarterly as new information comes to hand so that the actuals vs projections can be more realistically reported to Council.

3.       That with effect from the December 2013 Council meeting, the monthly investment summary report is re-formatted replacing the current alphabetically driven term deposit list with a list driven by the term deposit maturity date from earliest maturity date to latest maturity date.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.10  Phasing of Operational Budgets

Councillor Cusato left the meeting, the time being 08:06pm.

 Resolved:  Hawkins/Griffiths

 

That Council:

1.       Request that the General Manager implement phased monthly operational budgets from the 2014-2015 financial year.

2.       Request that the General Manager implement phased monthly budgets for capital works budgets from the 2015-2016 financial year.

3.       Defer until December, 2013 the request made at the October Council Meeting for the General Manager to prepare a report for the November 2013 Council Meeting as to the advantages and/or disadvantages of establishing an appropriate accounting methodology which effectively places all "significant" budgetary gains into a special purpose "transition or holding account" before putting forward recommendations to Council as to how budget gains should be best utilised and how this would impact practically on Council's operations as a service provider.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.11  Development Activity & Assessment System Performance

 Resolved:  Sargeant/Griffiths

 

1.       That Council note the Development Activity & Assessment System Performance Report for the first quarter of 2013-2014.

2.       That the Director of Development and Environment investigate whether or not it is possible to include an additional column in the table that shows construction certificates commenced.

3.       That Council formally note the increase in building activity as reflected in complying development and construction certificates as this is a particularly positive news story.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.12  2012 - 2013 Annual Report

 Resolved:  Intemann/Sargeant

 

That Council:

1.       Adopt the 2012 - 2013 Annual Report, comprising Parts 1, 2 and 3.

2.       Submit the adopted 2012 - 2013 Annual Report to the Minister for Local Government by the 30 November 2013.

3.       Publish the adopted 2012 - 2013 Annual Report on Council's website and make copies of the report available at all Council Offices and Libraries.

4.       Note the Community Report Card 2012 - 2013.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.13  Heritage & Cultural Sub-Committee

 Resolved:  Sargeant/Griffiths

 

1.       That Council endorse the development of an overarching committee as described in the report.

2.       That Council undertake further consultation with all members of the two committees (Arts & Cultural Development Committee and the Museums & Heritage  Sub-Committee) and provide the wider community the opportunity to also comment on the proposed overarching committee.

3.       That a further report be put to Council outlining the feedback and a proposed Charter in February 2014.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.14  Transfer Balance of Funds - Port Macquarie-Handa Sister City Sub-Committee

 Resolved:  Besseling/Intemann

 

That Council approve an amount of $5,300 from the Port Macquarie-Handa Sister City Sub-Committee 2013/2014 Budget be transferred into a Port Macquarie-Handa Sister City Reserve.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.15  Section 355  Community Halls Management Committees Membership 2013

 Resolved:  Turner/Levido

 

1.       That Council endorse the membership of Bonny Hills Community Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Francis Hoad - President

·         Ms Ann Drury - Treasurer/Booking Officer

·         Ms Lorraine Winner - Minutes Secretary

·         Ms Carmel Power - Correspondence Secretary

·         Mr Bill Howell - Maintenance Officer

·         Mr Roger Barlow - Committee Member

·         Ms Pam Barlow -  Committee Member

 

2.       That Council endorse the membership of CC “Mac” Adams Music Centre Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Leanne Howlett - President

·         Ms Jan Hunter - Vice President

·         Mr Glen Stanley - Treasurer

·         Mr Greg Cook - Secretary/Booking Officer

·         Mr Brian Corrigan - Committee Member

·         Ms Betty Hobby - Committee Member

·         Mr Dale Bleasdale - Committee Member

·         Mr Maurie Griffin - Committee Member

 

3.       That Council endorse the membership of Lorne Recreation Centre Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Brian Alley - President

·         Ms Janet Lewin - Vice President

·         Ms Nicola Nosworthy - Secretary

·         Ms Stephanie Williams - Treasurer

·         Ms Jenny Higgins - Committee Member

·         Mr Phil Higgins - Committee Member

·         Mrs Helen Anderson - Committee Member

·         Mr Alan Anderson - Committee Member

·         Ms Gerda Butlin - Committee Member

 

4.       That Council endorse the membership of Pappinbarra Recreation Reserve Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Sue Frost - President

·         Ms Kelly Benson - Secretary

·         Ms Emma Frost - Treasurer

·         Ms Brenda Patrick - Committee Member

·         Mr Steve Ostler - Committee Member

·         Mr Rob Frost - Committee Member

 

5.       That Council endorse the membership of Pembrooke Community Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Kirk Byrnes - President

·         Ms Jeanette Rainbow - Secretary

·         Ms Margaret Davies - Treasurer

·         Mr Des Freeman - Committee Member

·         Mrs Shirley Freeman - Committee Member

·         Ms Clair Cutler - Committee Member

·         Ms Jean Moore - Committee Member

 

6.       That Council endorse the membership of Port Macquarie Historic Court House Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Roger Heath - President

·         Mr Barry Dowse - Vice President

·         Ms Lyn Stevenson - Secretary

·         Mrs Veronica Heath - Treasurer

·         Mrs Brenda Pebedy - Maintenance Officer

·         Mrs Audrey Dowse - Booking Officer

·         Mr Ramsey Collins - Committee Member

·         Mr John Scholz - Committee Member

·         Ms Carole Neil - Committee Member

·         Mr David Baird - Committee Member

·         Mr Ross Pebedy - Committee Member

·         Mr Glen Dick - Committee Member

·         Mr David Martin - Committee Member

 

7.       That Council endorse the membership of Port Macquarie Seniors Centre Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Allen Ross - President/Booking Officer

·         Mrs Lyn Manley - Treasurer

·         Ms Trish Davis - Secretary

·         Mrs Di Last - Committee Member

·         Mr Don Newson - Committee Member

·         Mr Norm Bodenham - Committee Member

·         Ms Kathy O’Neale - Committee Member

 

8.       That Council endorse the membership of Wauchope Community (Arts) Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Krissa Wilkinson - President

·         Ms Julie Muller - Vice President/Maintenance Officer

·         Ms Deborah Murrell - Treasurer

·         Ms Lyndall Goetz - Secretary

·         Ms Lis Tuck - Hall Coordinator

·         Mr Peter Bower - Assistant Hall Coordinator

·         Ms Susan Ashton - Committee Member

·         Ms Mei Ling Yuen - Committee Member

·         Ms Amy Hubers - Committee Member

 

9.       That Council endorse the membership of Wauchope Rotary Youth Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Paul Froome - President

·         Mr Kevin Whitbread - Secretary

·         Mrs Marie Winter - Treasurer/Booking Officer

·         Ms Helen Clunus - Committee Member

·         Ms Annie Peel - Committee Member

·         Mr Stuart Weir - Committee Member

·         Ms Narelle Stokes - Committee Member

·         Mr Andy Neal - Committee Member

 

10.     That Council thank in writing, the outgoing committee members.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.01  Annual Reporting of Contracts for Senior Staff

 Resolved:  Intemann/Griffiths

 

That Council note the contractual conditions for the following Senior roles in the Organisation:

·         General Manager

·         Director Infrastructure and Asset Management

·         Director Community and Organisational Development

·         Director Commercial Services and Industry Engagement

·         Director Development and Environmental

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.02  Notice of Motion - Ban Consumption of Alcohol - Town Beach Skate Park (PIN 263)

 Resolved:  Turner/Sargeant

 

That Council erect notices, pursuant to section 632 of the Local Government Act 1993, to ban the consumption of alcohol at the Town Beach Skate Park at any time.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.03  Notice of Motion - Illegal Camping

 Resolved:  Turner/Sargeant

 

That Council:

1.       Prioritise compliance action during the 2013-2014 summer in relation to illegal camping and overnight stays in public car parks and reserves.

2.       Request the General Manager provide a report to the December 2013 Council Meeting on the implications of erecting notices, pursuant to S.632 of the Local Government Act 1993, to prohibit camping and overnight stays in public car parks and reserves.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.04  Bicentenary Planning Reference Group Membership

 Resolved:  Intemann/Levido

 

That Council:

1.       Endorse the establishment of a Bicentenary Planning Reference Group.

2.       Accept all of the Expressions of Interest received for the Bicentenary Planning Reference Group.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.05  Recommendations from the Mayor's Sporting Fund Sub-Committee Meeting held on Thursday 16 October 2013

 Resolved:  Besseling/Turner

 

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund to:

1.       Mr Patrick Hamilton in the amount of $250.00 (ex GST) to assist with the expenses he would have incurred travelling to and competing at the 2013 National Youth Championships (soccer) held in Coffs Harbour from 30 September to 4 October 2013 inclusive.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

10.01  Notice of Motion - Tastings on Hastings 2013

 Resolved:  Sargeant/Turner

 

That Council:

1.       Formally congratulate contractors, staff and volunteers on the success of the 2013 Tastings on Hastings.

2.       Request the General Manager report to the February 2014 Council Meeting on the total cost of running the event and the source and application of those funds provided by Council.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

10.02  Question on Notice - Council Owned Land in William Street, Port Macquarie (PIN 34119)

 

Councillor Levido declared a Non-Pecuniary, Insignificant Interest in this matter and remained in the room during the Council's consideration

 

RESOLVED:  Roberts/Hawkins

 

That Council:

1.       Undertake an Expression of Interest process for Council’s land located at 99 William Street, Port Macquarie with a report being presented to Council of the outcome.

2.       Remove the Special Condition requiring a purchaser of Council’s land located at 99 William Street, Port Macquarie to provide 180 on site public car parking spaces when the site is developed.

3.       If it proceeds to sell the land located at 99 William Street, upon settlement, reimburse funds initially borrowed from the Section 94 fund when the site was purchased and place the remaining funds into Council's Property Reserve until a viable alternative project is identified for investment.      

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.01  Notice of Motion - Walking Track - Jonathon Dixon Reserve to Middle Rock Road, Lake Cathie (PIN 43834)

 Resolved:  Sargeant/Griffiths

 

That Council request that the General Manager report to the December 2013 Council Meeting on the implications of extending the existing walking track from Jonathon Dixon Reserve to Middle Rock Road.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.02  Notice of Motion - Wall Reserve, North Haven (PIN 15194)

 MOTION:       Sargeant/Griffiths

 

That Council investigate the options for facilitating the formation of a self-help entity, such as a LandCare Group, aimed at maintaining the current untended section of Wall Reserve, North Haven in accordance with Council’s standards and that a report be provided for consideration by Council at the February 2014 Council Meeting.

lost: 2/6

For:   Griffiths and Sargeant

Against:       Besseling, Hawkins, Intemann, Levido, Roberts and Turner

 

 

11.03  Recommended Item from Hastings LGA Floodplain Management Sub-Committee - Camden Haven River and Lake System Flood Study

 Resolved:  Griffiths/Sargeant

 

That Council

1.         Adopt the Camden Haven River and Lakes System Flood Study (2013).

2.         Request the General Manager present a report to the February 2014 Council Meeting on the status of the Camden Haven Floodplain Management Plan (2004) and the mitigations proposals therein.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.06  Question on Notice - Kew Waste Transfer Station (PIN 50972, 57445)

 Resolved:  Griffiths/Intemann

 

That the report be noted.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.07  New Planning Bill

 Resolved:  Intemann/Turner

 

That Council:

1.       Proceed with the Draft Major Roads and Open Space Contributions Plans.

2.       Make representations to the Minister for Planning & Infrastructure requesting the retention of Council's ability to negotiate planning agreements on appropriate infrastructure to cater for the growth in the local government area and the inclusion of local infrastructure contributions outlined in this report as local infrastructure works.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.10  DA2013 - 0481 Alterations and Additions to Two Storey Dwelling House and Construction of a Detached Shed Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie Hastings Local Environmental Plan 2011 - Lot 5 DP 22158, 23 Orr Street, Port Macquarie (PIN 15827)

 Resolved:  Intemann/Turner

That DA 2013 - 481 for a alterations and additions to a two storey dwelling house and construction of a detached shed, including clause 4.6 variation to clause 4.3 (height of buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 5, DP 22158, No. 23 Orr Street, Port Macquarie, be determined by granting consent subject to the recommended conditions. 

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.11  T-13-25 Kew Waste Management Facility Design and Documentation (PIN 50972-57445)

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:15pm.

 

Resolved:   Intemann/Turner

 

That Council:

1.       Accept the lump sum tender of $235,173.00 (excl. GST) received from Hyder Consulting Pty Ltd for Design and Documentation of Kew Waste Management Facility.

2.       Affix the seal of Council to the necessary documents.

carried:      7/1

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts and Turner

Against:       Sargeant

 

Councillor Levido returned to the meeting, the time being 09:17pm.

 

 

12.02  Local Infrastructure Renewal Scheme Round 3 Applications

 Resolved:  Intemann/Hawkins

 

That Council:

1.       Submit an application under Round 3 of the Local Infrastructure Renewal Scheme for construction of Hastings River Drive from Gordon Street to Aston Street at an estimated cost of $5,600,000.

 2.      Write to the Minister for Local Government, following the outcome of our application in Round 3, encouraging a review of the LIRS program to give councils with a significant infrastructure backlog greater opportunity to access the program.

 3.      Approach NSW Treasury Corporation (TCorp) to provide detailed information on the methodology used to determine the capacity for Council to be able to service loans associated with the Local Infrastructure Renewal Scheme.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.03  Rationalisation of Land Boundaries - Lake Road, Gordon and Munster Streets, Port Macquarie

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:22pm.

 

 Resolved:  Intemann/Roberts

 

That Council:

1.       Advise Crown Lands that it supports the rationalisation of the boundaries of Gordon Street and Lake Road and Crown Reserve 95757.

2.       In its capacity as Trust Manager of the Gordon Street Public Recreation Reserve (R87715) Trust, advise Crown Lands that it supports the rationalisation of the boundaries affecting the Reserve and supports the holding over of leases until the boundary rationalisation has been completed.

3.       Agrees to closing of part Lake Road as hatched on “Diagram “A” Plan of Part Lake Road to be Closed” as attached to this report.

4.       Advise Crown Lands it supports the exchange of part Reserve 87715 for part Lake Road on the basis that the exchange be at nil monetary compensation.

5.       Affix the Common Seal to:

a)      Plan of road closure and first title creation

b)      Plan of subdivision of road widening/consolidation

6.       Pursuant to Section 377 of the Local Government Act 1993, delegate to the General Manager authority to sign the Land and Property Information Transfer forms.

carried:      7/0

For:   Besseling, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.04  Status of Port Macquarie-Hastings Bus Route Alterations and Associated Bus Stops

 

Councillor Levido declared a Pecuniary Interest in this matter and remained out of the room and was out of sight during the Council's consideration.

 

Councillor Turner declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:23pm.

 

Resolved:   Besseling/Roberts

 

That Council:

1.       Receive and note the Status of Port Macquarie-Hastings Bus Route Alterations and Associated Bus Stops report.

2.       Consider all recently created bus zones as permanent traffic management facilities on the understanding operation of these facilities will continue to be monitored by Council’s traffic management staff in consultation with Busways.

3.       Continue to support the installation of approximately 140 new bus stops on the new bus routes.

4.       Support the provision of bus services along High Street, Wauchope that service bus stops at both the Hospital and the Library, by writing to both Busways and the Director General, Transport for NSW.

carried:      6/0

For:   Besseling, Griffiths, Hawkins, Intemann, Roberts and Sargeant

Against:       Nil

 

Councillor Turner returned to the meeting, the time being 09:27pm.

 

Councillor Levido returned to the meeting, the time being 09:27pm.

 

 

12.05  Tender T-13-33 Supply & Install Traffic Signals Hastings River Drive at Boundary Street intersection, Port Macquarie

 Resolved:  Sargeant/Hawkins

 

That Council:

1.       Accept the tender of $ 147,590.00 (excluding GST) from Curran and Curran P/L for the supply and installation of traffic signals on Hastings River Drive at the Boundary Street intersection, Port Macquarie.

2.       Affix the seal of Council to the necessary documents.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.06  Thrumster Neighbourhood DCP Provisions: Partridge Creek and West Lindfield - Public Exhibition Report

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:28pm.

 

 Resolved:  Sargeant/Turner

 

That Council:

1.       Adopt the draft planning provisions for Partridge Creek Residential, Partridge Creek Industrial and West Lindfield neighbourhoods of the Thrumster Urban Release Area as an amendment to the Port Macquarie-Hastings Development Control Plan 2011.

2.       Forward a copy of the approved plans to the Director General of the Department of Planning and Infrastructure and publish a public notice of this decision within 28 days.

3.       Prepare a planning proposal with a view to carrying out consequential rezoning generally as described in this report, pursuant to section 55 of the Environmental Planning and Assessment Act 1979, for the amendment of the provisions of the Port Macquarie-Hastings Local Environmental Plan 2011.

4.       Forward the planning proposal to the Department of Planning and Infrastructure for a Gateway Determination not later than 30 June 2014, and exhibit the proposal in accordance with that determination, pursuant to sections 56-58 of the Act.

carried:      7/0

For:   Besseling, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 09:28pm.

 

 

13       QUESTIONS FOR NEXT MEETING

 

 

 

13.01     BUILDING A  NEW LOCAL GOVERNMENT PERFORMANCE MEASUREMENT FRAMEWORK

 

Question from Councillor Hawkins:

 

With reference to a circular received today from the NSW Department of Local Government with the title "Building a  new local government performance measurement framework", could the General Manager provide a report to the February 2014 Council Meeting responding directly to the two key questions posed by the DLG, viz:

 

1.       What do councils and their community need to know to determine if they are performing well and achieving their goals?

 

2.       How well does your council (PMHC) currently measure performance and how useful is your council's current performance measurement system?

 

Comments by Councillor (if provided):

 

Nil.

 

 

13.02     PORT MACQUARIE LIBRARY - SOLAR GENERATING POWER INSTALLATION

 

Question from Councillor Griffiths:

 

Could the General Manager provide a report to the February 2014 Council Meeting on the effectiveness of the solar power generating installation on the library building in Port Macquarie and specifically advise the:

1.       Savings of usage in kilowatts

2.       Percentage and dollars saved over the past year

3.       Expected life of the installation

4.       Break even year calculating to the year before replacement or maintenance would need to occur

5.       What is the calculated savings expected before maintenance or replacement is required

 

Comments by Councillor (if provided):

 

This report is requested to determine the effectiveness of the installation to achieve returns for ratepayers.

 

 

13.03     PUBLIC FORUM 20/11/13 - ITEMS 1 & 2

 

Question from Councillor Intemann:

 

Could the written information provided in relation to Items 1 and 2 of the Public Forum be provided in full to Councillors.

 

Comments by Councillor (if provided):

                                             

Nil.

 

 

13.04     NEW DEVELOPMENT- ILLAROO ROAD, LAKE CATHIE

 

Question from Councillor Intemann:

 

Could a report be provided to the February 2014 Council meeting on the relationship between the hazard identified in the vicinity of Illaroo Road, Lake Cathie and limits to new development, including like for like replacement of existing structures known to be affected by asbestos.

 

If possible could the report also cover changes to the valuation of affected properties since the development limits were impose.

 

Comments by Councillor (if provided):

                                             

Nil.

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Hawkins/Sargeant

1.         That pursuant to Section 10A Subsections 2 & 3 and 10B of the Local Government Act 1993 (as amended), the press and public be excluded from the proceedings of the Council in Confidential Committee of the Whole (Closed Session) on the basis that items to be considered are of a confidential nature.

2.         That Council move into Confidential Committee of the Whole (Closed Session) to receive and consider the following items:

Item 14.01 Lehman Brothers Australia Limited (In Liquidation)

This item is considered confidential under Sect 10A(2)(g) of the Local Government Act 1993, as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

3.         That the resolutions made by the Council in Confidential Committee of the Whole (Closed Session) be made public as soon as practicable after the conclusion of the Closed Session and such resolutions be recorded in the Minutes of the Council Meeting.

 

 

ADJOURN MEETING

 

The Ordinary Council Meeting adjourned at 9.38pm.

 

RESUME MEETING

 

The Ordinary Council Meeting resumed at 9.41pm.

 

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Turner/Hawkins

That the undermentioned recommendations from Confidential Committee of the Whole (Closed Session) be adopted:

Item 14.01 Lehman Brothers Australia Limited (In Liquidation)

This item is considered confidential under Sect 10A(2)(g) of the Local Government Act 1993, as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

1.      Approve the Settlement Agreement in substantially the terms as tabled by the General Manager.

2.      Authorise the Mayor and General Manager to execute the Power of Attorney and authorise any Attorney under it to execute the Settlement Agreement on behalf of Council in substantially the terms as tabled.

3.      Affix the seal of Council to the necessary documents.

 

 

The meeting closed at 9.42pm.

 

 

 

 

 

 

………………………………………..

Peter Besseling

Mayor