Minutes of Ordinary Council - Thursday, 21 September 2023

MINUTES

Ordinary Council Meeting

21/09/2023

PRESENT

Members:

Mayor Peta Pinson

Councillor Lauren Edwards

Councillor Lisa Intemann

Councillor Nik Lipovac

Councillor Danielle Maltman

Councillor Adam Roberts

Councillor Rachel Sheppard

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)

The meeting opened at 3.00pm

01 ACKNOWLEDGEMENT OF COUNTRY

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

02 REMOTE ATTENDANCE AT MEETING

Nil.

03 LOCAL GOVERNMENT PRAYER

Pastor Hartley Taylor from the C3 Church Port Macquarie delivered the Local Government Prayer.

04 APOLOGIES

Nil.

05 CONFIRMATION OF MINUTES

RESOLVED: Maltman/Slade

That the Minutes of the Ordinary Council Meeting held on 17 August 2023 be confirmed.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

06 DISCLOSURES OF INTEREST

Councillor Roberts declared a pecuniary, significant interest in Item 11.02 Community Grants 2023-2024 The reason being that Councillor Roberts consulted to Fortem Australia in the last 12 months who are one of the recommended recipients of a community grant. Councillor Roberts intends to take no part in the consideration and voting and be out of sight for consideration of this matter.

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in Item 11.02 Community Grants 2023-2024 - Round 1. The reason being that Councillor Maltman is a non-financial life member and former President of the community organisation Revive Lake Cathie Incorporated who are one of the recommended recipients of a community grant. 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.

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in Item 11.02 Community Grants 2023-2024 - Round 1. The reason being that Councillor Maltman’s husband is a new business sponsor of the new Port Macquarie Mountain Bike and Pump Track Riders Club who are one of the recommended recipients of a community grant. 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.

Councillor Maltman declared a Non-Pecuniary - Significant interest in Item 13.01 DA2023 - 292.1 Dwelling Including Clause 4.6 Exception to Development Standard to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011, LOT 3 DP 1287783, No. 57 Vernon Circuit, Kew. The reason being that this development application contains plans that have been produced by Draftworx designs, a business owned by Councillor Maltman’s husband and is also Councillor Maltman’s employer. Councillor Maltman intends to take no part in the consideration and voting and be out of sight for consideration of this matter.

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in Item 13.06 Lake Cathie Natural Resource Management Monthly Update Report. The reason being that I am 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.

Councillor Sheppard declared a non-pecuniary, less than significant interest in Item 12.01 Major Events Grants 2024 - Round 1. The reason being that Councillor Sheppard is friends with the President of Earth Logic Incorporated, which has applied for a Major Event Grant (Hastings Farm Gate Tour). Councillor Sheppard 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.

Councillor Slade declared a Non-Pecuniary, less than significant in Item 14.01 2023.030 Kendall Water Supply Security Feed. The reason being that Councillor Slade participates in a program with one of the owners of EIRE Construction. That program is the Mid North Coast Regional Leaders Roundtable, an initiative of Ausindustries Entrepreneurs program. Councillor Slade intends to remain in the meeting, participate and vote in the matter as this perceived conflict will not influence his decision making in the matter.

07 MAYORAL MINUTES

07.01 Recognition of Port Macquarie Koala Hospital's 50th Birthday

RESOLVED: Pinson

That Council:

1. Congratulate Koala Conservation Australia on the occasion of the 50th Birthday of the Port Macquarie Koala Hospital on 30 September 2023.

2. Thank the staff and volunteers, past and present, for their dedication and commitment in the care, treatment and preservation of koalas over the past 50 years.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

08 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

Nil

09 ITEMS TO BE DEALT WITH BY EXCEPTION

RESOLVED: Edwards/Lipovac

That Items 10.01, 10.04, 10.07, 10.08, 10.12, 10.13, 10.14, 11.03, 11.04, 13.02, 13.03 and 13.04 be considered as a block resolution.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

RESOLVED: Edwards/Lipovac

That all recommendations listed in the block resolution be adopted by Council.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

10.01 Mayoral Discretionary Fund Allocations - 3 August to 7 September 2023

Block RESOLVED: Edwards/Lipovac

That Council note the Mayoral Discretionary Fund allocations for the period

3 August to 7 September 2023 inclusive.

10.04 Status of Reports From Council Resolutions

Block RESOLVED: Edwards/Lipovac

That Council note the information contained in the Status of Reports from Council Resolutions report.

10.07 Policy Review - Draft Petitions Policy

Block RESOLVED: Edwards/Lipovac

That Council:

1. Place on public exhibition the draft Petitions Policy for a period not less than 28 days.

2. Note that a further report be considered by Council, detailing the submissions received from the public during the exhibition period and presenting a final draft for adoption.

10.08 Policy Review - Fraud and Corruption Prevention Policy

Block RESOLVED: Edwards/Lipovac

That Council adopt the draft Fraud and Corruption Prevention Policy.

10.12 Investments and Loans - August 2023

Block RESOLVED: Edwards/Lipovac

That Council note the Investment and Loans Report for August 2023.

10.13 Monthly Budget Review - August 2023

Block RESOLVED: Edwards/Lipovac

That Council:

1. Adopt the adjustments in the “August 2023 Adjustments” section of the Monthly Budget Review – August 2023 report and associated attachment.

2. Amend the 2023-2024 Operational Plan to include all budget adjustments approved in this report.

10.14 Amendments to 2023-2024 Fees and Charges

Block RESOLVED: Edwards/Lipovac

That Council:

1. Adopt the amended Fees and Charges 2023-2024 in relation to the Companion Animals Act, as detailed in the body of this report.

2. Request the Chief Executive Officer to communicate the changes to the Fees and Charges 2023-2024 in relation to the Companion Animals Act to the community.

3. Place the amended Fees and Charges 2023-2024 in relation to Cemeteries, Waste and Water, as detailed in the body of this report, on public exhibition for a period of 28 days.

4. Note that a further report will be tabled at the November 2023 meeting of Council for the adoption of the amended Fees and Charges 2023-2024 in relation to Cemeteries, Waste and Water, detailing the submissions received from the public during the exhibition period.

11.03 Plan of Management for Council Managed Community Crown Reserves - Post Exhibition

Block RESOLVED: Edwards/Lipovac

That Council:

1. Adopt the Plan of Management for Council Managed Community Crown Reserves

2. Thank those who made submissions during public exhibition period and advise of the outcome of Council’s consideration of this matter

11.04 Applications to the Port Macquarie-Hastings Sporting Fund - Cameron McLean-Prosser and Jessica Dun

Block RESOLVED: Edwards/Lipovac

That Council endorse the Port Macquarie-Hastings Sporting Fund committee recommendations to award funding as follows:

1. $500 to Cameron McLean-Prosser for representation at State Athletics competition

2. $1,000 to Jessica Dun to participate at the All Schools Orienteering Championships.

13.02 Land Acquisition - Intersection of the Oxley Highway and Stoney Creek Road, Wauchope

Block RESOLVED: Edwards/Lipovac

That Council:

1. Pay compensation in the amount of $75,664 (GST Exclusive) to the owner of Lot 101 Deposited Plan 996253, P J Hillard, for the acquisition of that part of Lot 101 Deposited Plan 996253 more particularly described as Lot 11 in Plan of Acquisition Deposited Plan 1289719.

2. Pursuant to Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991, pay the landowner’s legal (property conveyancing) expenses reasonably incurred arising from the land acquisition.

3. Pursuant to Section 10 of the Roads Act 1993, upon acquisition, dedicate Lot 11 Deposited Plan 1289719 to the public as road.

13.03 Land Acquisition - Replacement of Mortons Creek Road Bridge, Mortons Creek

Block RESOLVED: Edwards/Lipovac

That Council:

1. Pay compensation in the amount of $1,100 (GST Exclusive) to the owner of Lot 6 Deposited Plan 1031605, Befa Pty Limited, for the acquisition of that part of Lot 6 Deposited Plan 1031605 more particularly described as Lot 11 in Plan of Acquisition Deposited Plan 1291697.

2. Publish a Notice in the NSW Government Gazette to close the public road described as Lot 13 Deposited Plan 1291697 and then transfer the land within Lot 13 Deposited Plan 1291697 to the owners of Lot 1 Deposited Plan 88233, L J & V A Burrell, as compensation for the acquisition of part of Lot 1 Deposited Plan 88233 more particularly described as Lot 12 in Plan of Acquisition Deposited Plan 1291697.

3. Pursuant to Section 10 of the Roads Act 1993 dedicate Lot 12 Deposited Plan 1291697 to the public as road.

4. Pursuant to Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991 pay the legal (property conveyancing) costs reasonably incurred by the landowners arising from the land acquisitions.

13.04 Classification of Council Land - Vernon Circuit Kew

Block RESOLVED: Edwards/Lipovac

That Council:

1. Pursuant to Section 34 of the Local Government Act 1993 commence the process to classify Lot 36 DP 1287783 Vernon Circuit Kew as operational land by placing on public exhibition for a minimum of 28 days with the proposed resolution, “It is intended to classify Lot 36 DP 1287783 Vernon Circuit Kew as operational land”.

2. Note that a further report will be tabled at a future Council meeting following exhibition detailing any submissions received during the exhibition period.

Item 10.01 Mayoral Discretionary Fund Allocations - 3 August to 7 September 2023, has been addressed previously within the meeting.

10.02 Notice of Motion - October 2023 Ordinary Council Meeting Date

MOTION

MOVED: Pinson/Roberts

That Council:

1. Note that the dates for Ordinary Council meetings to be held in 2023 were set by resolution at the November 2022 Ordinary Council Meeting.

2. Alter the date of the October 2023 Ordinary Council meeting to be held in Port Macquarie Council Chambers on Thursday, 12 October 2023 at 3.00pm.

3. Schedule the Ordinary Council meeting on 14 December 2023 to be held in the Laurieton School of the Arts at 3.00pm.

AMENDMENT

MOVED: Sheppard/Lipovac

That Council:

1. Note that the dates for the Ordinary Council Meetings to be held in 2023 were set by resolution at the November 2022 Council Meeting.

2. Change the location of the October 2023 Ordinary Council Meeting, such that the meeting will be held in Port Macquarie in the Council Chambers on 19 October 2023 at 3.00 pm.

3. Change the location of the November Ordinary Council Meeting, such that the meeting will be held in Laurieton in the School of Arts building on 16 November 2023 at 3.00 pm.

PROCEDURAL MOTION

RESOLVED: Slade/Roberts

THAT THE AMENDMENT BE PUT.

equal: 4/4

For: Maltman, Pinson, Roberts and Slade

Against: Edwards, Intemann, Lipovac and Sheppard

CASTING VOTE: For

CARRIED

THE AMENDMENT ON BEING PUT WAS LOST

EQUAL: 4/4

FOR: Edwards, Intemann, Lipovac and Sheppard

AGAINST: Maltman, Pinson, Roberts and Slade

CASTING VOTE: Against

LOST

PROCEDURAL MOTION

RESOLVED: Roberts

THAT THE MOTION BE PUT.

equal: 4/4

For: Maltman, Pinson, Roberts and Slade

Against: Edwards, Intemann, Lipovac and Sheppard

CASTING VOTE: For

CARRIED

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED: Pinson/Roberts

That Council:

1. Note that the dates for Ordinary Council meetings to be held in 2023

were set by resolution at the November 2022 Ordinary Council

Meeting.

2. Alter the date of the October 2023 Ordinary Council meeting to be held

in Port Macquarie Council Chambers on Thursday, 12 October 2023 at 3.00pm.

3. Schedule the Ordinary Council meeting on 14 December 2023 to be

held in the Laurieton School of the Arts at 3.00pm.

EQUAL: 4/4

FOR: Maltman, Pinson, Roberts and Slade

AGAINST: Edwards, Intemann, Lipovac and Sheppard

CASTING VOTE: For

CARRIED

10.03 Determination of Councillor Numbers

MOTION

MOVED: Roberts/Slade

That Council:

1. Note that Council resolved at its February 2023 Ordinary Council meeting that in accordance with sections 296(2) and 296(3) of the Act that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council where required.

2. In accordance with Section 224 of the Local Government Act 1993, resolve that it will comprise of nine councillors, including the Mayor, following the next ordinary Local Government election in September 2024.

3. In accordance with Section 224(3) engage the Electoral Commissioner to conduct a constitutional referendum at the 2024 Local Government election in September 2024 in regard to a reduction of Councillors from 9 to 7, including the Mayor, following the 2028 Local Government election.

4. Note that the expected cost of conducting the constitutional referendum is estimated at $70,000 where funding will be determined during the preparation of the 2024-2025 budget.

5. Determine the wording of the referendum question by consideration at a future meeting of Council.

AMENDMENT

MOVED: Sheppard/Edwards

That Council:

3. In accordance with Section 224(3) engage the Electoral Commissioner to conduct a constitutional referendum at the 2024 Local Government election in September 2024 in regard to an increase of Councillors from 9 to 11, including the Mayor, following the 2028 Local Government election.

4. Note that the expected cost of conducting the constitutional referendum is estimated at $70,000 where funding will be determined during the preparation of the 2024-2025 budget.

5. Determine the wording of the referendum question by consideration at a future meeting of Council.

AMENDMENT WITHDRAWN

AMENDMENT

MOVED: Intemann/Sheppard

That Council:

1. In accordance with Section 224 of the Local Government Act 1993, resolve that it will comprise of nine Councillors, including the Mayor, following the next ordinary Local Government election in September 2024.

2. Request the Chief Executive Officer consult with Councillors regarding the possibility of a constitutional referendum regarding Councillor numbers and the method of election of the Mayor as soon as possible to enable timely advice to the Office of Local Government.

equal: 4/4

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman, Pinson, Roberts and Slade

CASTING VOTE: Against

LOST

RESOLVED: Roberts/Slade

That Council:

4. Note that the expected cost of conducting the constitutional referendum is estimated at $70,000 where funding will be determined during the preparation of the 2024-2025 budget.

5. Determine the wording of the referendum question by consideration at a future meeting of Council.

equal: 4/4

For: Maltman, Pinson, Roberts and Slade

Against: Edwards, Intemann, Lipovac and Sheppard

CASTING VOTE: For

CARRIED

Item 10.04 Status of Reports From Council Resolutions, has been addressed previously within the meeting.

10.05 Report of the Audit, Risk and Improvement Committee Held 23 August 2023

RESOLVED: Sheppard/Intemann

That Council note the report of the Audit, Risk and Improvement Committee held 23 August 2023.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

10.06 Audit, Risk and Improvement Committee - Annual Report 2022-2023

RESOLVED: Sheppard/Roberts

That the Audit, Risk and Improvement Committee Annual Chairperson’s Report for the period 2022-2023 be noted.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

Item 10.07 Policy Review - Draft Petitions Policy, has been addressed previously within the meeting.

Item 10.08 Policy Review - Fraud and Corruption Prevention Policy, has been addressed previously within the meeting.

10.09 Policy Review - Councillor and Staff Interaction Policy

RESOLVED: Sheppard/Intemann

That Council adopt the Councillor and Staff Interaction Policy.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

10.10 Policy Review - Sustainability Policy

MOTION

MOVED: Roberts/Maltman

That Council defer consideration of Item 10.10 Policy Review - Sustainability Policy and request the Chief Executive Officer convene a Councillor Workshop to give further consideration to the Policy in relation to the proposed draft Environmental Sustainability Strategy.

AMENDMENT

MOVED: Intemann/Sheppard

That Council adopt the revised Sustainability Policy.

equal: 4/4

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman, Pinson, Roberts and Slade

CASTING VOTE: Against

LOST

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED: Roberts/Maltman

equal: 4/4

For: Maltman, Pinson, Roberts and Slade

Against: Edwards, Intemann, Lipovac and Sheppard

CASTING VOTE: For

CARRIED

10.11 Annual Financial Statements for the Year Ended 30 June 2023

RESOLVED: Sheppard/Roberts

That Council:

1. Refer to audit the draft Financial Statements as at 30 June 2023.

2. That the Statement by Councillors and Management be signed by the Responsible Accounting Officer, the Chief Executive Officer, the Mayor and one Councillor as required by the Local Government Act 1993.

3. That Council note a further report will be tabled at the November 2023 meeting of Council for the adoption of the final annual financial statements for the year ended 30 June 2023, together with the auditor’s report.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

Item 10.12 Investments and Loans - August 2023, has been addressed previously within the meeting.

Item 10.13 Monthly Budget Review - August 2023, has been addressed previously within the meeting.

Item 10.14 Amendments to 2023-2024 Fees and Charges, has been addressed previously within the meeting.

11.01 Notice of Motion - Rescue Tubes for Port Maquarie-Hastings Beaches

MOTION

Moved: Lipovac/Intemann

That Council request the Chief Executive Officer to provide a report to the December 2023 Ordinary Council meeting on the cost of purchasing, installing and maintaining Rescue Tubes at beaches across the LGA with those beaches that would benefit most being recommended in the report.

AMENDMENT

MOVED: Maltman/Lipovac

That Council:

1. Request the Chief Executive Officer engage with the Coffs Harbour City Council to identify the merits and costs associated with implementing a remote rescue tube program in the Port Macquarie-Hastings LGA.

2. Request the Chief Executive Officer provide outcomes of the assessment of merits and costs associated with implementing a remote rescue tube program in the Port Macquarie-Hastings LGA, inclusive of a remote rescue tube trial, in a further report to Council in December 2023.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

THE AMENDMENT ON BEING PUT WAS CARRIED

THE AMENDMENT BECAME THE MOTION AND ON BEING PUT WAS CARRIED

RESOLVED: Maltman/Lipovac

That Council:

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

Councillor Edwards left the meeting, the time being 04:47pm.

Councillor Edwards returned to the meeting, the time being 04:49pm.

Councillor Slade left the meeting, the time being 05:03pm.

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

Councillor Maltman left the meeting, the time being 05:05pm.

11.02 Community Grants 2023-2024 - Round 1

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in this Item. The reason being that Councillor Maltman is a non-financial life member and former President of the community organisation Revive Lake Cathie Incorporated who are one of the recommended recipients of a community grant. 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.

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in this Item. The reason being that Councillor Maltman’s husband is a new business sponsor of the new Port Macquarie Mountain Bike and Pump Track Riders Club who are one of the recommended recipients of a community grant. 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.

Councillor Roberts declared a pecuniary, significant interest in Item 11.02 Community Grants 2023-2024. The reason being that Councillor Roberts consulted to Fortem Australia in the last 12 months who are one of the recommended recipients of a community grant. Councillor Roberts took no part in the consideration or voting and was out of sight for consideration of this matter.

RESOLVED: Pinson/Sheppard

That Council, pursuant to Section 356 of the Local Government Act 1993, grant financial assistance from Round 1 of the 2023-2024 Community Grant program for the total amount of $76,497.70 for the following community projects:

Family History Society Audio Mac Adams Centre $5,000

Fortem Australia Mental Health First Responders $2,000

Wauchope Little Athletics Hurdles and display boards $5,210

PMQ Table Tennis Club Disability inclusive equipment $4,941

Pappinbarra Progress Assoc. Community website $1,980

Beach to Beach Inc. Art along the path murals $6,800

Community @ 3 Volunteer Skills Training $2,000

Revive Lake Cathie Citizen Science Water Watch $5,082

MTB Track Club Restore Blair Reserve Bike Track $5,100

Comboyne Hall Community Hall upgrade $10,000

EACH headspace A Very Cosplay Christmas $5,000

Bonny Hills Progress Assoc. Children as Artists $2,000

Hastings River Brass Band Music at Seniors Facilities $500

Arts Mid North Coast Youth Performances @ the Cage $4,600

PMQ University 3A Seniors Week BBQ $500

Marine Rescue PMQ Aquatics Display Australia Day $5,000

Liberty Walk against Domestic Violence $2,000

Byabarra Tennis Club Christmas at Byabarra Hall $2,000

Lorne Recreation Centre Christmas at Lorne Hall $1,866.80

Lake Cathie Bonny Lions Club Carols by the Lake $2,000

Community Housing A feel-good art exhibition $2,000

Rotary Club Wauchope Garden Expo $917.90

carried: 6/0

For: Edwards, Intemann, Lipovac, Pinson, Sheppard and Slade

Against: Nil

Item 11.03 Plan of Management for Council Managed Community Crown Reserves - Post Exhibition, has been addressed previously within the meeting.

Item 11.04 Applications to the Port Macquarie Hastings Sporting Fund - Cameron McLean-Prosser and Jessica Dun, has been addressed previously within the meeting.

12.01 Major Event Grants 2024 - Round 1

Councillor Sheppard declared a non-pecuniary, less than significant interest in this item. The reason being that Councillor Sheppard is friends with the President of Earth Logic Incorporated, which has applied for a Major Event Grant (Hastings Farm Gate Tour). Councillor Sheppard remained in the meeting, participated and voted in the matter as this perceived conflict will not influence her decision making in the matter.

RESOLVED: Lipovac/Pinson

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Major Events Grant Program Round 1, 2024 to the total amount of $20,500 for the following Major Events:

(a) Coastal Sports Warehouse and Coastal Track &Trail Runners

Bottlebutt Bash Trail Run $3,500

(b) Flamin’ Dragons Port Macquarie

Flamin’ Dragons Regatta $3,500

(c) Earth logic Incorporated

Hastings Farm Gate Tour $5,000

(d) Port Macquarie Basketball Association

Inaugural 2024 Senior Seaside Classic Basketball $3,500

(e) NSW Police Rugby League

NSW Police Rugby League Carnival $5,000

carried: 7/0

For: Edwards, Intemann, Lipovac, Pinson, Roberts, Sheppard and Slade

Against: Nil

Councillor Maltman returned to the meeting, the time being 05:07pm.

12.02 Port Macquarie Southern Breakwall Repair Project Work Planning

MOTION

MOVED: Pinson/Roberts

That Council:

1. Note Transport for NSW have advised of plans to commence the Port Macquarie Southern Breakwall Repair project in 2024.

2. Note that the Port Macquarie Southern Breakwall project is solely a NSW Government project and that all community engagement is the total responsibility of Transport for NSW.

3. Note that Transport for NSW have requested access to Alban Place and the Town Green East to support the undertaking of the project.

4. Permit the closure of Alban Place, including adjoining carparking and selected areas of open space at the Breakwall head, subject to reporting and endorsement of the traffic management plans to the Local Traffic Committee.

5. With respect to point 4, require Transport for NSW open the southern portion of Alban Place and the adjoining carparking over weekends from October to March, and for Spring, Summer and Autumn school holiday periods should the project remain in progress at those times ensuring that safety of public access to the area is maintained and a management plan is in place with regard to the temporary opening periods.

6. Not support construction vehicle movement routes that utilise the Town Green East area as advised within the report.

7. Require Transport for NSW document the existing condition of road, path and open space area utilised for the purposes of construction activity and return these areas to preconstruction condition on completion of the works.

8. With respect to point 7 and the Alban Place precinct, alternatively require Transport for NSW compensate Council for the equivalent cost to return the area to preconstruction condition.

9. Request the Chief Executive Officer to prepare and circulate comprehensive media and Council website communications to clarify that the Port Macquarie Southern Breakwall Repair Project is not a project of Port Macquarie-Hastings Council.

AMENDMENT

MOVED: Intemann/Lipovac

That Council:

1. Note Transport for NSW have advised of plans to commence the Port Macquarie Southern Breakwall Repair project in 2024.

2. Note that the Port Macquarie Southern Breakwall project is solely a NSW Government project and that all community engagement is the total responsibility of Transport for NSW.

3. Note that Transport for NSW have requested access to Alban Place and the Town Green East to support the undertaking of the project.

4. Permit the closure of Alban Place, including adjoining carparking and selected areas of open space at the breakwall head, subject to reporting and endorsement of the traffic management plans to the Local Traffic Committee.

5. With respect to point 4, request Transport for NSW consider opening the southern portion of Alban Place and the adjoining carparking over weekends, and as a minimum over the December - January school holidays and Easter and October long weekends should the project remain in progress at those times ensuring that safety of public access to the area is maintained and a management plan is in place with regard to the temporary opening periods.

6. Defer consideration of the request to access Town Green East to the October 2023 Ordinary Council Meeting so that Transport for NSW may provide further information with respect to work plans, work production and associated programming, and also the results of engagement with businesses within the vicinity of the Town Green East.

8. With respect to point 7 and the Alban Place precinct, alternatively require Transport for NSW compensate Council for the equivalent cost to return the area to preconstruction condition.

THE AMENDMENT ON BEING PUT WAS LOST

lost: 3/5

For: Edwards, Intemann and Lipovac

Against: Maltman, Pinson, Roberts, Sheppard and Slade

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED: Pinson/Roberts

That Council:

1. Note Transport for NSW have advised of plans to commence the Port Macquarie Southern Breakwall Repair project in 2024.

2. Note that the Port Macquarie Southern Breakwall project is solely a NSW Government project and that all community engagement is the total responsibility of Transport for NSW.

3. Note that Transport for NSW have requested access to Alban Place and the Town Green East to support the undertaking of the project.

6. Not support construction vehicle movement routes that utilise the Town Green East area as advised within the report.

8. With respect to point 7 and the Alban Place precinct, alternatively require Transport for NSW compensate Council for the equivalent cost to return the area to preconstruction condition.

carried: 6/1

For: Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Intemann

ABSTAIN: Edwards

Councillor Sheppard left the meeting, the time being 05:32pm.

13.01 DA2023 - 292.1 Dwelling Including Clause 4.6 Exception to Development Standard to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011, LOT 3 DP 1287783, No. 57 Vernon Circuit, Kew

Applicant: Glenn Shaw
Owner: Glenn Shaw and Gemma Worth

Councillor Maltman declared a Non-Pecuniary - Significant interest in this Item. The reason being that this development application contains plans that have been produced by Draftworx designs, a business owned by Councillor Maltman’s husband and is also Councillor Maltman’s employer. Councillor Maltman took no part in the consideration or voting and was out of sight for consideration of this matter.

RESOLVED: Roberts/Slade

That Council determine DA2023 - 292.1 for a Dwelling including a Clause 4.6 Exception to Development Standard to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 3, DP 1287783, No. 57 Vernon Street, Kew, by granting consent subject to the recommended conditions.

carried: 6/0

For: Edwards, Intemann, Lipovac, Pinson, Roberts and Slade

Against: Nil

Item 13.02 Land Acquisition - Intersection of the Oxley Highway and Stoney Creek Road, Wauchope, has been addressed previously within the meeting.

Item 13.03 Land Acquisition - Replacement of Mortons Creek Road Bridge, Mortons Creek, has been addressed previously within the meeting.

Item 13.04 Classification of Council Land - Vernon Circuit Kew, has been addressed previously within the meeting.

13.05 Request to Waive Development Charges for Kendall Showground Mens Shed

RESOLVED: Maltman/Lipovac

That Council waive the Water and Sewer Development Servicing Charges, totalling $4,167.50, associated with the continued use of a community facility at the Kendall Showground.

carried: 7/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts and Slade

Against: Nil

Councillor Sheppard returned to the meeting, the time being 05:34pm.

13.06 Lake Cathie Natural Resource Management Monthly Update Report

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in this 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/Slade

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: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

13.07 Policy Review - Water Supply Services

RESOLVED: Sheppard/Roberts

That Council:

1. Place on public exhibition the draft Water Supply Services and Recycled Water Services Policies 2023, commencing as soon as practicable for a minimum of 28 days.

2. Note that a further report will be tabled at a future Ordinary Council meeting, detailing the submissions received from the public during the exhibition period.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

13.08 Integrated Transport Plan Update

RESOLVED: Edwards/Roberts

That Council note the information provided in the Integrated Transport Plan update.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

13.09 Draft Environmental Sustainability Strategy

MOTION

MOVED: Roberts/Maltman

That Council defer consideration of Item 13.09 Draft Environmental Sustainability Strategy and request the Chief Executive Officer convene a Councillor Workshop to give further consideration to the Policy in relation to the Sustainability Policy Review.

AMENDMENT

MOVED: Intemann/Sheppard

That Council:

1. Endorse the draft Environmental Sustainability Strategy for the purposes of public exhibition and place the draft Strategy on public exhibition for a period of not less than 28 days.

2. Note that a further report will be presented to Council, following the public exhibition period, detailing the submissions received and any recommended changes to the draft Strategy for consideration by Council.

PROCEDURAL MOTION

RESOLVED: Slade/Roberts

THAT THE AMENDMENT BE PUT.

equal: 4/4

For: Maltman, Pinson, Roberts and Slade

Against: Edwards, Intemann, Lipovac and Sheppard

CASTING VOTE: For

CARRIED

THE AMENDMENT ON BEING PUT WAS LOST

equal: 4/4

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman, Pinson, Roberts and Slade

CASTING VOTE: Against

LOST

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED: Roberts/Maltman

That Council defer consideration of Item 13.09 Draft Environmental Sustainability Strategy and request the Chief Executive Officer convene a Councillor Workshop to give further consideration to the draft Strategy in relation to the Sustainability Policy Review.

equal: 4/4

For: Maltman, Pinson, Roberts and Slade

Against: Edwards, Intemann, Lipovac and Sheppard

CASTING VOTE: For

CARRIED

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

CONFIDENTIAL SESSION

RESOLVED: Roberts/Lipovac

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 2023.030 Kendall Water Supply Security Feed

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 T-22-10 Inlet Odour Management Works

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: 7/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts and Sheppard

Against: Nil

RESOLVED: Maltman/Lipovac

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

Councillor Slade returned to the meeting, the time being 06:10pm.

14.01 2023.030 Kendall Water Supply Security Feed

Councillor Slade declared a Non-Pecuniary, less than significant in this. The reason being that Councillor Slade participates in a program with one of the owners of EIRE Construction. That program is the Mid North Coast Regional Leaders Roundtable, an initiative of Ausindustries Entrepreneurs program. Councillor Slade remained in the meeting, participated and voted in the matter as this perceived conflict will not influence his decision making in the matter.

RESOLVED: Roberts/Lipovac

That Council:

1. Note the expected total cost of the project and endorse the forecast 2023-2024 project budget as described in the Financial & Economic Implications section of this report.

2. In accordance with section 178(1) of the Local Government (General) Regulation 2021, accept the Tender from Eire Constructions Pty Ltd for the lump sum of $808,786.35 (exclusive of GST) for 2023.030 Kendall Water Supply Security Feed.

3. Note that the Chief Executive Officer, under existing delegation to the General Manager, will execute the necessary contract documents.

4. Maintain the confidentiality of the documents and consideration in respect of Request for Tender 2023.030 Kendall Water Supply Security Feed.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

14.02 T-22-10 Inlet Odour Management Works

RESOLVED: Lipovac/Roberts

That Council:

1. Note the expected total cost of the project and endorse the forecast 2023-2024 project budget as described in the Financial & Economic Implications section of this report.

2. In accordance with section 178(1)(b) of the Local Government (General) Regulation 2021, decline to accept any tenders submitted T-22-10 Inlet Odour Management System at the Port Macquarie Wastewater Treatment Plant.

3. In accordance with section 178(3)(e), enter into negotiations with the Contractor recognised by Council, or any other person whether or not they submitted a tender to T-22-10 Inlet Odour Management System at the Port Macquarie Wastewater Treatment Plant, with a view to entering into a contract in relation to the subject matter of the tender.

4. 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 contractor recognised by Council has the demonstrated experience, capacity and capability to meet the requirements of the Request for Tender, inviting fresh tenders likely will not achieve a superior outcome; and, inviting fresh tenders will delay the project beyond the timeframes set out by the EPA.

5. Note that the Chief Executive Officer, under existing delegation to the General Manager, may accept a tender for T-22-10 Inlet Odour Management System at the Port Macquarie Wastewater Treatment Plant following successful negotiations, and present a further report to a future meeting of Council after contract award for Council’s information.

6. Maintain the confidentiality of the documents and consideration in respect of Request for Tender T-22-10 Inlet Odour Management System at the Port Macquarie Wastewater Treatment Plant.

carried: 8/0

For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade

Against: Nil

RESOLVED: Lipovac / Roberts

That the Council Meeting be re-opened to the public.

carried: 8/0

For: Edwards, 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.

The meeting closed at 6.16pm

………………………………………..

Peta Pinson

Mayor