MINUTES
Ordinary Council Meeting
20/07/2023
PRESENT
Members:
Mayor Peta Pinson
Deputy Mayor Rachel Sheppard
Councillor Lauren Edwards
Councillor Sharon Griffiths
Councillor Lisa Intemann
Councillor Nik Lipovac
Councillor Danielle Maltman
Councillor Adam Roberts
Councillor Josh Slade
Other Attendees:
Chief Executive Officer (Dr Clare Allen)
Director Business and Performance (Keith Hentschke)
Director Community, Planning and Environment (Melissa
Watkins)
Director Community Infrastructure (Robert Fish)
Director Community Utilities (Jeffery Sharp)
Group Manager Governance (Michael Ferguson)
Governance Officer (Tania Ellis)
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The meeting opened at 3.00pm
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01 ACKNOWLEDGEMENT
OF COUNTRY
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The Mayor opened the Meeting with
an Acknowledgement of Country and welcomed all in attendance in the Chamber
and viewing on line.
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02 REMOTE
ATTENDANCE AT MEETING
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Nil.
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03 LOCAL
GOVERNMENT PRAYER
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Reverend Daniel Berris from the St
Thomas’ Anglican Church delivered the Local Government Prayer.
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05 CONFIRMATION
OF MINUTES
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RESOLVED:
Roberts/Griffiths
That the Minutes of the Ordinary Council Meeting held
on 15 June 2023 be confirmed.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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06 DISCLOSURES
OF INTEREST
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Director Fish
declared a Non-Pecuniary, Significant Conflict in Item 11.05 Rotary Park
Master Plan. The reason being that Director Fish’s wife is the owner of
property at William Street Port Macquarie, which is located opposite Rotary
Park and has an outlook onto the Park. A submission was made with respect to
the public exhibition of the park plans. Director Fish will remove himself
from the Director’s position during Council’s consideration of
this matter, and will not enter into any discussions with Councillors with
respect to this item on the agenda.
Councillor Maltman declared a
Non-Pecuniary, Less than Significant interest in Item 13.04 Lake Cathie
Natural Resource Management Monthly Update. The reason being that Councillor
Maltman is a non-financial life member and former President of the community
organisation Revive Lake Cathie Incorporated. Councillor Maltman intends to
remain in the meeting, participate and vote in the matter as this perceived
conflict will not influence her decision making in the matter.
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08 CONFIDENTIAL
CORRESPONDENCE TO ORDINARY COUNCIL MEETING
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Nil.
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09 ITEMS TO BE
DEALT WITH BY EXCEPTION
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RESOLVED: Lipovac/Maltman
That Items 10.01, 10.03,
10.05, 10.06, 11.03, 11.04, and 13.06 be considered as a block resolution.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
RESOLVED: Slade/Sheppard
That all recommendations
listed in the block resolution be adopted by Council.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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10.01 Mayoral Discretionary Fund Allocations - 1 June to 5
July 2023
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block Resolved: Slade/Sheppard
That Council note the
Mayoral Discretionary Fund allocations for the period 1 June to 5 July 2023
inclusive.
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10.03 Status of Reports From Council Resolutions
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block Resolved: Slade/Sheppard
That Council note the
information contained in the Status
of Reports from Council Resolutions
report.
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10.05 Contracts Awarded under Delegation by the Chief
Executive Officer
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block Resolved: Slade/Sheppard
That Council note the
information provided in the Contracts Register.
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10.06 Works in Kind / Material Public Benefit Agreement -
Sewer Works DA 2021/454
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block Resolved: Slade/Sheppard
That Council:
1. Note that
there is the South Lindfield Urban Release Area Voluntary Planning Agreement,
which includes a clause for additional sewer contributions payable by
developments occurring in the defined urban release area for local sewer
upgrade works servicing the area.
2. Note the
sewer works currently proposed to be undertaken by Lake Innes Residential Pty
Ltd under and associated with development Consent DA 2021/454 includes works
above what is required to solely service the development which are of
material public benefit, including both additional sewer upgrade works on an
existing gravity sewer main to ensure the main has the required capacity to
service the whole area covered under the VPA and also additional sewer
gravity mains to cater for future adjoining land development.
3. Under the
extenuating circumstances provision of s.55(3)(i) of the Local Government Act
1993, not invite open tenders for the local sewer upgrade works. The reason
being that a satisfactory outcome would not be achieved, due to works being
associated with and linked to a development consent with subdivision works
underway as outlined in this report.
4. Enter into a
Works in Kind Agreement with Lake Innes Residential Pty Ltd for sewer
contribution off-sets and/or refund and payment covering the additional sewer
works in the South Lindfield Urban Release Area as detailed in this report.
5. Note that the
Chief Executive Officer, under existing delegations to the General Manager,
may enter into a Works in Kind Agreement contract following successful
negotiations with Lake Innes Residential Pty Ltd.
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11.04 Review of Funding Level Categories for the Port
Macquarie Hastings Sporting Fund
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block Resolved: Slade/Sheppard
That Council set the
revised grant funding levels categories for the Port Macquarie Hastings
Sporting Fund grants as follows:
State competition $500
National competition $1,000
International
competition $1,500
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13.06 Settlement Point Ferry Operation
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block Resolved: Slade/Sheppard
That Council:
1. Note the
outcome as reported of the 2-month trial period of single-person operation of
the Settlement Point Ferry between 7.00am-7.45am and 5.15pm-6.00pm Monday to
Friday.
2. Revert back
to two-person operations for the Settlement Point Ferry between 7.00am-7.45am
and 5.15pm-6.00pm Monday to Friday
3. Note that 2
person operations of the Settlement Point Ferry between 10.00am-3.00pm have
been implemented successfully in accordance with the resolution of Council at
the 16 February 2023 Ordinary Meeting of Council with regard to item 11.01
‘Ferry Operations’.
4. Note that
implementation of part 2 of the recommendation will result in two-person
operations of the Settlement Point Ferry coming into effect between
7.00am-6.00pm Monday to Friday.
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Item 10.01 Mayoral Discretionary Fund Allocations - 1 June
to 5 July 2023, has been addressed previously within the meeting.
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10.02 Request to Attend Joint National Coast to Coast and NSW
Coastal Conference - 2023 - Councillor Danielle Maltman
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MOTION:
Pinson/Roberts
That Council approve the
attendance of Councillor Danielle Maltman at the Joint National Coast to
Coast and NSW Coastal Conference 2023.
AMENDMENT
MOVED: Edwards/Griffiths
That Council:
1.
Approve the attendance of Councillor
Danielle Maltman at the Joint National Coast to Coast and NSW Coastal
Conference 2023.
2.
Cover Councillor Maltman’s costs to attend the Joint National
Coast to Coast and NSW Coastal Conference 2023 with a maximum allocation of $800
for registration fees and $625 for travel and accommodation.
lost: 3/6
For: Edwards, Intemann
and Sheppard
Against: Griffiths,
Lipovac, Maltman, Pinson, Roberts and Slade
THE AMENDMENT
ON BEING PUT WAS LOST
AMENDMENT
MOVED:
Intemann/Griffiths
That Council
1. Approve the attendance of Councillor
Danielle Maltman at the Joint National Coast to Coast and NSW Coastal
Conference 2023.
2. Request Chief Executive Officer review
the mechanism to consider future
funding for Councillors to
attend training and or conferences to ensure
equity in accessing the
available funding.
THE AMENDMENT ON BEING PUT WAS CARRIED
carried: 7/2
For: Edwards, Griffiths,
Intemann, Maltman, Pinson, Roberts and Slade
Against: Lipovac
and Sheppard
THE AMENDMENT BECAME THE MOTION AND ON BEING PUT WAS
CARRIED
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RESOLVED:
Intemann/Griffiths
That Council
1. Approve the attendance of
Councillor Danielle Maltman at the Joint National Coast to Coast and NSW
Coastal Conference 2023.
2. Request
Chief Executive Officer review the mechanism to consider future funding for
Councillors to attend training and or conferences to ensure equity in
accessing the available funding.
carried: 7/2
For: Edwards, Griffiths,
Intemann, Maltman, Pinson, Roberts and Slade
Against: Lipovac
and Sheppard
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Item 10.03 Status of Reports From Council Resolutions, has
been addressed previously within the meeting.
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10.04 Investments and Loans - June 2023
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RESOLVED:
Edwards/Maltman
That Council note the
Investment and Loans Report for June 2023.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 10.05 Contracts Awarded under Delegation by the Chief
Executive Officer, has been addressed previously within the meeting.
Item 10.06 Works in Kind / Material Public Benefit Agreement
- Sewer Works DA 2021/454, has been addressed previously within the meeting.
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11.01 Notice of Motion - Declining Numbers Of Our Urban Koala
Population
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Resolved: Edwards/Roberts
That Council:
1. Note
the information provided by Koala Conservation Australia on the declining
numbers of our Urban Koala Population.
2. Request
the Chief Executive Officer to prioritise the space to make an appeal via the
Community Now newsletter within the November 2023 rates instalment notice and
also via any other appropriate communication channels determined, to convey
to the Port Macquarie Hastings Community the declining Urban Koala population
statistics for our Local Government Area, the causes of it, the urgency of
the situation and the changes in behaviour that our community can take to
reduce the occurrence of further Koala injury or fatality.
3. Request
the Chief Executive Officer consider liaising with the General Manager of the
Koala Conservation Australia, based in Port Macquarie, to develop appropriate
content to address clause 2 above.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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11.02 Petition - Licensing Agreement with Marine Rescue NSW -
Westport Park Boatshed
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RESOLVED: Intemann/Lipovac
That Council:
1.
Note the petition
received regarding the licensing agreement with Marine Rescue NSW - Westport
Park Boatshed.
2.
Respond to the organiser
of the petition with the outcome of Council’s consideration in the
matter and advise that Council will continue to work with the Chief Executive
Officer, Surf Lifesaving NSW to identify a suitable alternative storage
facility/location for the storage of Surf Life Saving NSW equipment.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 11.03 Applications to the Port Macquarie Hastings
Sporting Fund, has been addressed previously within the meeting.
Item 11.04 Review of Funding Level Categories for the Port
Macquarie-Hastings Sporting Fund, has been addressed previously within the
meeting.
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11.05 Rotary Park Master Plan - Post Exhibition
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Director Fish declared a Non-Pecuniary,
Significant Conflict in this item. The reason
being that Director Fish’s wife is the owner of property at William
Street Port Macquarie, which is located opposite Rotary Park. Director Fish
removed himself from the Director’s position during Council’s
consideration of this matter.
RESOLVED: Intemann/Griffiths
That Council:
1. Note
the information contained within the Rotary Park Master Plan Community Engagement
Report - May 2023
2. Adopt
the Rotary Park Master Plan
3. Advise
those who made submission of the outcome of this matter.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.01 Notice of Motion - Port Macquarie Tidal Ocean Pool
Project
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RESOLVED: Pinson/Roberts
That Council:
1. Provide its
‘in principle’ support for the proposed Tidal/Ocean Pool project
which includes providing owner’s consent on behalf of Council for the
lodgement of a planning Proposal for further consideration as the appropriate
planning authority; and
2. Note that
“in principle support” in this instance does not extend to
consideration or commitment of funding for the project or future ownership,
management, operational or maintenance arrangements.
carried: 8/1
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts and Slade
Against: Sheppard
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13.02 Post Exhibition Report - Planning Proposal PP-2022- 4099
New LEP Clause 5.5 Secondary Dwellings in Rural Zones
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RESOLVED: Pinson/Griffiths
That Council:
1.
Note the post exhibition
report (Attachment 3) summary of submissions received during public
exhibition of the Planning Proposal PP-2022- 4099.
2.
Note the Gateway
Determination (Attachment 2) granted by the Department of Planning and
Environment on 22 December 2022.
3.
As a result of the
consideration of submissions, and Government agency responses:
a) endorse the
Planning Proposal as publicly exhibited (Attachment 1) under section 3.35 of
the Environmental Planning and Assessment Act 1979 in relation to introducing
Standard Instrument Local Environmental Plan Clause 5.5 Secondary Dwellings
in rural zones in Port Macquarie-Hastings LEP 2011, and
b) take the necessary
steps under Section 3.36 of the Environmental Planning and Assessment Act
1979 to finalise Port Macquarie-Hastings Local Environmental Plan 2011
(Amendment No 62) to give effect to the Planning Proposal.
4.
Delegate authority to the
Director Community, Planning and Environment to make inconsequential or minor
administrative amendments to the Planning Proposal prior to forwarding it to
the Department of Planning and Environment for finalisation.
5.
Notify Council’s
decision to all persons who lodged a submission.
6.
Receive a report to the
July 2024 Council Meeting regarding the uptake of the new secondary dwelling
provisions in rural areas.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.03 Urban Growth Management Strategy Update
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Resolved: Sheppard/Griffiths
That Council:
1. Note the
progress of actions from Council’s Urban Growth Management Strategy as
detailed within this report.
2. Note the
information and associated timeframes contained within this report, in
relation to the proposed continued progression of actions as detailed within
Council’s Urban Growth Management Strategy.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.04 Lake Cathie Natural Resource Management Monthly Update
Report
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Councillor Maltman declared a Non-Pecuniary,
Less than Significant interest in item. The reason being that Councillor
Maltman is a non-financial life member and former President of the community
organisation Revive Lake Cathie Incorporated. Councillor Maltman remained in the meeting, participated and voted in the
matter as this perceived conflict will not influence her decision making in
the matter.
RESOLVED: Maltman/Roberts
That Council
note the progress of natural resource management projects/initiatives within
the Lake Cathie, Lake Innes and Cathie Creek waterways and progress on the
Coastal Management Program.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.05 NSW Local Roads Congress 2023 Communique
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RESOLVED: Lipovac/Pinson
That Council:
1. Note the
information provided within this report on the annual Local Roads Congress
held for 2023;
2. Endorse the
Conference Communique; and
3. Progress the
Conference Communique by writing to the following Ministers and NSW and
Australian Government MPs, seeking their support for the 2023 NSW Local Roads
Congress outcomes:
a. Member for
Port Macquarie, the Honourable Leslie Williams MP
b. Member for Oxley,
Michael Kemp MP
c. Member for
Cowper, the Honourable Pat Conaghan MP
d. Member for Lyne,
the Honourable Dr David Gillespie MP
e. The
Honourable Ron Hoenig MP, Minister for Local Government
f. The
Honourable John Graham MLC, Minister for Roads
g. The Honourable
Jenny Aitchison MP, Minister for Regional Transport and Roads
h. The Honourable Jo
Haylen MP, Minister for Transport
i. The
Honourable Natalie Ward MLC, Shadow Minister for Transport and Roads
j. The
Honourable Sam Farraway MLC, Shadow Minister for Regional Transport and Roads
k. The
Honourable Catherine King MP, Minister for Infrastructure, Transport,
Regional Development and Local Government
l. Senator
the Honourable Bridget McKenzie, Minister for Infrastructure, Transport and
Regional Development
m. The Honourable Rose Jackson
MLC, Minister for North Coast
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 13.06 Settlement Point Ferry Operation, has been
addressed previously within the meeting.
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CONFIDENTIAL
SESSION
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RESOLVED: Roberts/Slade
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 Confidential Session of Council on the basis that
items to be considered are of a confidential nature.
2.
That Council move into Closed Session to receive and consider the
following items
Item 14.01
2023.009 Provision of General Concreting Services
This item is considered
confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it
contains commercial information of a confidential nature that would, if
disclosed, prejudice the commercial position of the person who supplied it.
Item 14.02
Finalised Chief Executive Officers Performance Agreement
This item is considered
confidential under Section 10A(2)(a) of the Local Government Act 1993, as it
contains personnel matters concerning particular individuals (other than
Councillors).:
3.
That the resolutions made by Council in Confidential Session be made
public as soon as practicable after the conclusion of the Confidential
Session and such resolutions be recorded in the Minutes of the Council
Meeting.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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14.01 2023.009 Provision of General Concreting Services
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RESOLVED:
Roberts/Pinson
That Council:
1. In accordance
with section 178(1) of the Local Government (General) Regulation 2021,
decline to accept any tenders submitted for 2023.009 provision of general
concreting services, and enter into negotiations with any person (whether or
not the person was a tenderer) with a view to entering into contracts in
relation to the subject matter of the contract.
2. Pursuant to
section 178(4)(a) and (b) of the Local Government (General) Regulation 2021,
decline to invite fresh tenders for the reasons that the evaluation panel
considers that the market has not significantly changed and inviting fresh
tenders likely will not achieve a satisfactory result.
3. Note that the
Chief Executive Officer, under existing delegation to the General Manager,
may accept a tender for 2023.009 provision of general concreting services
following successful negotiations, and present a further report to a future
meeting of Council after contract award for Council’s information.
4. Maintain the
confidentiality of the documents and consideration in respect of Request for
Tender 2023.009 provision of general concreting services.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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All staff with the exception of the Chief Executive Officer
and Group Manager Governance left the meeting at this point.
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14.02 Finalised Chief Executive Officer’s Performance
Agreement
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RESOLVED:
Roberts/Griffiths
That Council note the
finalised Chief Executive Officer’s Performance agreement for the year
ending June 2024, as determined by the Performance Panel.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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RESOLVED: Griffiths/Maltman
That the Council Meeting be re-opened to the public.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
The outcomes of the Confidential Session of the Ordinary
were read to the meeting by the Group Manager Governance.
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The meeting closed at 5.43pm
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………………………………………..
Peta Pinson
Mayor