MINUTES
Ordinary Council Meeting
16/05/2024
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)
Legal Counsel (Anthea Gilmore)
Governance Officer (Tania Ellis)
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The meeting opened at 10.00am.
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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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John Bews from the Seventh-Day
Adventist Church, Port Macquarie delivered the Local Government Prayer.
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04 APOLOGIES
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Nil.
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05 CONFIRMATION
OF MINUTES
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Resolved:
Lipovac/Roberts
That the Minutes of the
Ordinary Council Meeting held on 18 April 2024 be confirmed.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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06 DISCLOSURES
OF INTEREST
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Councillor
Edwards declared a Pecuniary, Significant interest in Item 11.04 Temporary
Licence - Voodie Foods Van - Licence Renewal. The reason being is that she is
the applicant in this matter. Councillor Edwards intends to leave the meeting
and take no part in consideration of this item.
Councillor
Maltman declared a Non-Pecuniary - Less than Significant interest in Item 13.05
Lake Cathie Natural Resource Management Monthly Update Report. 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.
Councillor
Maltman declared a Non-Pecuniary - Less than Significant interest in Item
13.06 Lake Cathie Entrance Management. 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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Resolved: Roberts/Sheppard
That Council determine that the attachments to Item 10.10
be considered as confidential, in accordance with section 11(3) of the Local
Government Act.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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09 ITEMS TO BE
DEALT WITH BY EXCEPTION
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RESOLVED: Edwards/Slade
That Items 10.01, 10.02,
10.06, 10.09, 10.10, 10.15, 11.01, 12.01, 13.01, 13.02, 13.03, 13.04, 13.08,
13.09 and 13.11 be considered as a block resolution.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
RESOLVED: Lipovac/Roberts
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
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10.01 Mayoral Discretionary Fund Allocations - 4 April to 1
May 2024
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Block
RESOLVED: Lipovac/Roberts
That Council note the
Mayoral Discretionary Fund allocations for the period
4 April to 1 May 2024.
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10.02 Status of Reports From Council Resolutions
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Block
RESOLVED: Lipovac/Roberts
That Council note the
information contained in the Status of Reports from Council Resolutions
report.
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10.06 Policy Review - Draft Determining Applications Lodged by
Councillors and Staff Policy - Following Public Exhibition
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Block RESOLVED: Lipovac/Roberts
That Council adopt
the draft Determining Applications Lodged by Councillors and Staff Policy.
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10.09 Policy Review - Investment Policy - Following Public
Exhibition
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Block RESOLVED: Lipovac/Roberts
That
Council adopt the draft Investment Policy.
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10.10 Legal Fees
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Block
RESOLVED: Lipovac/Roberts
That
Council note the information in the Legal Fees report.
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10.15 Monthly Budget Review - April 2024
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Block
RESOLVED: Lipovac/Roberts
That Council:
1. Adopt
the adjustments in the April 2024 Adjustments section of the Monthly Budget
Review – April 2024 report and associated attachment.
2. Amend the
2023-2024 Operational Plan to include all budget adjustments approved in this
report.
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11.01 Recommended Items from the April 2024 Meeting of the
Port Macquarie-Hastings Sporting Fund
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Block RESOLVED: Lipovac/Roberts
That Council note the
application to Port Macquarie-Hastings Sporting Fund considered at the April
2024 Sub-Committee meeting and endorse payment from the fund of $1,000 to
Blake Morgan for representation at the Chemist Warehouse Australian Athletics
Championships.
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12.01 Classification Of Council Land - 99 William Street, Port
Macquarie
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Block RESOLVED: Lipovac/Roberts
That Council:
1. Pursuant to
Section 34 of the Local Government Act 1993, commence the process to classify
Lot 1 DP 1012667, 99 William Street, Port Macquarie as operational land by
placing on public exhibition for a minimum of 28 days, the proposed
resolution, “It is intended to classify Lot 1 DP 1012677 99 William
Street, Port Macquarie as operational land.”
2. Note that a
further report will be tabled at a future Council meeting following public
exhibition detailing any submissions received during the exhibition period.
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13.01 Renewable Energy Project Sites Update
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Block RESOLVED: Lipovac/Roberts
That Council note the
progress report on determining suitable Council owned land and asset sites
that could accommodate renewable energy projects such as battery storage and
or mid-scale solar projects with current grant opportunities.
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13.02 Easement Creation - 5130 Pacific Highway Kew
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Block RESOLVED: Lipovac/Roberts
That Council:
1. Consent to
granting an easement for a Right of Access across the Council sewer fund
land, 5130 Pacific Highway, the Kew Sewer Treatment Plant, Lot 10 DP 1105535,
to adjoining property owners, Gary, and Yolande Williams of 5120 Pacific
Highway Kew.
2. Accept the
payment of $3,268.00 as compensation from G and Y Williams for granting the
easement.
3. Note that all
survey, registration, and legal costs for the creation of the easement are to
be paid by G and Y Williams.
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13.03 Easement Creation - Part Bain Park Wauchope
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Block RESOLVED: Lipovac/Roberts
That Council grant
consent to an easement over part of Council’s property, part Lot 1 DP
745953, part Bain Park Wauchope, to the owners of 56 Oxley Highway Wauchope
to permit the existing minor encroaching structure to remain.
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13.04 Council Easement Acquisition - Lot 51 DP 1035553, 1
Clarke Lane Wauchope
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Block RESOLVED: Lipovac/Roberts
That Council:
1. Proceed to
acquire an easement to drain water and an easement to drain sewerage over Lot
51 DP 1035553, 1 Clarke Lane Wauchope.
2. Pay
compensation in the amount of $20,000 (GST exclusive) to the owners of Lot 51
DP 1035553, 1 Clarke Lane Wauchope, GD and SR Hamilton, for the granting of
the easements.
3. Pursuant to Section 59 of the Land Acquisition (Just
Terms Compensation) Act 1991, pay the landowners legal (property and
conveyancing) expenses reasonably incurred arising from the easement
acquisitions.
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13.08 Policy Review - Unsealed Roads Policy
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Block
RESOLVED: Lipovac/Roberts
That
Council:
1. Place the draft Unsealed Roads Policy on public
exhibition for 28 days.
2. Note that a
further report will be provided to the July 2024 Ordinary Council meeting
detailing the submissions received from the public during the exhibition period.
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13.09 Policy Review - Wastewater Services Policy
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Block RESOLVED: Lipovac/Roberts
That Council:
1. Place on
public exhibition the draft Wastewater Services Policy, commencing no later
than 27 May 2024 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.
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13.11 Policy Review - Contribution for Paths Kerb and Gutter -
Following Public Exhibition
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Block
RESOLVED: Lipovac/Roberts
That
Council adopt the Contribution for Paths, Kerb and Gutter Policy.
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10.03 Notice of Motion - Use Of Borrowings And/Or Reserves To
Mitigate Impacts Of a Rate Freeze
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MOTION
MOVED: Sheppard/Lipovac
That Council determine that
if a rate freeze is adopted in the 2024-2025 Operational Plan and associated
documents, and determines not to adopt the mitigation measures placed on
public exhibition, then the following measures not be considered by council
as alternative mitigation measures
1. Borrowings;
2. Use of
additional reserves to those which have already been allocated and placed on
public exhibition.
3. Significant
new cuts to allocations, which have not been placed on public exhibition.
AMENDMENT
MOVED: Roberts/Pinson
That Council,
1.
Note that:
a. The engagement
process for the Draft Operational Plan 2024-2025 is still in progress and it
would be inappropriate to adopt any position whilst still seeking feedback
from the community on a very important, structured and legislated process.
b. The
proponents rational for adopting a 0.0% rate peg is to ensure Council is
focused on becoming more efficient with the expenditure of Ratepayer funds
and to also support the Port Macquarie-Hastings community keep more money in
their pockets to circulate through the economy during the well documented,
current cost of living crisis.
c. The Draft
Operational Plan outlines robust spending on Road Maintenance, Footpaths and
Parks Maintenance - in addition Councillors have received supplementary
information that shows the spend has increased from 2023-2024.
equal: 4/4
For: Maltman, Pinson,
Roberts and Slade
Against: Edwards,
Intemann, Lipovac and Sheppard
CASTING VOTE: For
CARRIED
THE AMENDMENT BECOMES THE MOTION
AMENDMENT
MOVED: Intemann/Edwards
That Council determine that
if a rate freeze is adopted in the 2024-2025 Operational Plan and associated
documents, and determines not to adopt the mitigation measures placed on
public exhibition, then the following measures not be considered by Council
as alternative mitigation measures:
·
Cuts in budget allocation to
staffing, emergency management, economic development, sustainability, natural
resource management or land use planning.
equal: 4/4
For: Edwards, Intemann, Lipovac
and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
LOST
THE AMENDMENT ON BEING PUT WAS LOST
THE MOTION ON BEING PUT WAS CARRIED
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RESOLVED: Roberts/Pinson
That Council:
1.
Note that:
a. The
engagement process for the Draft Operational Plan 2024-2025 is still in
progress and it would be inappropriate to adopt any position whilst still
seeking feedback from the community on a very important, structured and
legislated process.
b. The
proponents rationale for adopting a 0.0% rate peg is to ensure Council is
focused on becoming more efficient with the expenditure of Ratepayer funds
and to also support the Port Macquarie-Hastings community
keep more money in their pockets to circulate through the economy during the
well documented, current cost of living crisis.
c. The Draft
Operational Plan outlines robust spending on Road Maintenance, Footpaths and
Parks Maintenance - in addition Councillors have received supplementary
information that shows the spend has increased from 2023-2024.
equal: 4/4
For: Maltman, Pinson,
Roberts and Slade
Against: Edwards,
Intemann, Lipovac and Sheppard
CASTING VOTE: For
CARRIED
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10.04 Notice of Motion - Rates Freeze Mitigation Measures
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MOVED: Intemann/Sheppard
That Council request the
Chief Executive Officer to consider including in the report to the June 2024
Ordinary Council meeting, relating to the consideration of the 2024-2025
Draft Operational Plan and Budget, a proposal for cuts to the following
services in mitigation of the rate freeze proposal, giving details of impact
to the services, risks arising, and how those proposed cuts relate to the
adopted Risk Appetite Statement:
·
building maintenance
·
public tree maintenance
·
road resealing and maintenance
equal: 4/4
For: Edwards, Intemann,
Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
LOST
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10.05 Policy Review - Draft Policy Framework - Following
Public Exhibition
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RESOLVED: Edwards/Sheppard
That Council defer the
adoption of the Draft Policy Framework to the July 2024 Ordinary Council
meeting following a briefing to be held with Councillors in June 2024 to
discuss the associated Policy Framework procedure.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 10.06 Policy Review - Draft Determining Applications
Lodged by Councillors and Staff Policy - Following Public Exhibition, has been
addressed previously within the meeting.
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10.07 Policy Review - Draft Unreasonable Customer Conduct
Policy - Following Public Exhibition
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RESOLVED: Intemann/Sheppard
That
Council
1.
Adopt the draft
Unreasonable Customer Conduct policy.
2.
Request the Chief Executive
Officer to separately provide to Councillors the procedure associated with
this policy.
carried: 8/0
For: Edwards, Intemann, Lipovac,
Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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10.08 Policy Review - Procurement Policy
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RESOLVED:
Edwards/Intemann
That Council:
1. Publicly
exhibit the draft Procurement Policy for a period of not less than 28 days
including the addition of the Port Macquarie-Hastings Council’s Code of
Conduct in the Port Macquarie-Hastings Council’s Policies, procedures,
strategies, codes section of the draft Procurement Policy.
2. Note
that a further report will be tabled at the July 2024 meeting of Council,
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
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Item 10.09 Policy Review - Investment Policy - Following
Public Exhibition, has been addressed previously within the meeting.
Item 10.10 Legal Fees, has been addressed previously within
the meeting.
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10.11 Disclosure of Interest Return - Designated Persons
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RESOLVED:
Pinson/Roberts
That Council
note the Disclosure of Interest return for the following positions.
1. Finance and Commercial Operations - Internal Auditor
2. Community Infrastructure Planning and Design - Transport Engineer
3. Community Infrastructure Project Delivery - Civil Designer
4. Community Infrastructure Planning and Design - Investigations
Project Officer
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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The Chairperson tabled the
disclosures of returns of the Designated Person listed above.
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10.12 2023-2024 Operational Plan Third Quarter Status Report
as at 31 March 2024
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RESOLVED: Intemann/Sheppard
That Council:
1. Note the
2023-2024 Operational Plan Third Quarter Status Report as at 31 March
2024.
2. Authorise the
deferral of the following Actions/Projects, with the Status of Council
approved Action Deferred/Not Progressing
- AP 07 Port
Macquarie Airport Master Plan Review Community Infrastructure Transport
- TR 13 Traffic
modelling for the Thrumster/Sancrox/Fernbank Creek Transport Network Plan
- TR 31 Pembrooke
Road and Stoney Creek Road Upgrade
- TR 43 Timber
Bridge Replacement Program - King Creek Bridge Upgrade
- WS 20 Koree
Island Rock Ramp to secure water level at Koree Island Pump Station’s
Intake Pool - Construction
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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10.13 Quarterly Budget Review Statement - March 2024
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RESOLVED:
Edwards/Lipovac
That Council note the
Quarterly Budget Review Statement for the March 2024 Quarter.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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10.14 Investments and Loans - April 2024
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RESOLVED: Edwards/Roberts
That Council note the Investment
and Loans Report for April 2024.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 10.15 Monthly Budget Review - April 2024, has been
addressed previously within the meeting.
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10.16 Development Activity and Assessment System Performance
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RESOLVED:
Edwards/Sheppard
That Council note the
Development Activity and Assessment System Performance report for the third
quarter of 2023-2024.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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10.17 DA2014/114 Thrumster Business Park - Works in Kind -
Developer Works Deed Agreement - Sewer Works
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RESOLVED: Intemann/Sheppard
That Council:
1. Note the
sewer works to be undertaken by Thrumster Business Park Pty Ltd under and
associated with Development Consent DA2014/114 includes works above what is
required to solely service the development.
2. Note that the
works are to provide additional capacity in the sewer pumping station and
trunk gravity mains to serve other future development growth in the area and
as such constitutes works-in-kind.
3. Under the
extenuating circumstances provision of 55(3)(i) of the Local Government Act
1993, resolve not to call tenders for the construction of the Sewerage Pump
Station and associated works at the Thrumster Business Park as it considers
that a satisfactory result would not be achieved by inviting tenders due to
extenuating circumstances for the reason of the works being associated with
and linked to a development consent as outlined in this report.
4. Note that the
Chief Executive Officer, under existing delegations to the General Manager,
may enter into a Developer Deed contract following negotiations with
Thrumster Business Park Pty Ltd, and present a further report to a future
meeting of Council on completion of the works for Council’s
information.
5. Note that a
budget adjustment will be presented to a future Council Meeting as per the
current monthly budget adjustment procedure to adjust the budget with funds
from the Sewer Developer contribution reserves, for the final amount under
the deed.
6. Note that the
estimated cost of additional works has been identified in the draft
Development Servicing Plan, due to be adopted in mid-2024, and therefore are
part of the calculation for future developer contribution charges, which will
facilitate Council recouping the costs from future development when it
occurs.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 11.01 Recommended Items from the April 2024 Meeting of
the Port Macquarie-Hastings Sporting Fund, has been addressed previously within
the meeting.
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11.02 Camden Head Lookout Reserve Proposed Master Plan and
Volunteer Management
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MOTION
MOVED: Roberts/Pinson
That
Council:
1.
Note the tabled petition as presented to the May 2024 Ordinary Council
Meeting and the information in the report regarding previous engagement
activities and responses.
2.
Endorse the Draft Master Plan (as attached) for the purpose of public
exhibition for a period of not less than 28 days.
3.
Include in the exhibition, for feedback, the Draft Staged Concept
Design (Camden Head Masterplan) submitted by Mr Blair Maxwell as presented to
Councillors at the 13 May 2024 Public Forum.
4.
Request the Chief Executive Officer prepare detailed information
regarding land tenure, zoning and environmental constraints that apply to
Camden Head as detailed in the April 2024 Councillor Briefing to support the
public exhibition.
5.
Seek expressions of interest through the engagement process for community
members in becoming a member of “Friends of Camden Head”.
6.
Provide a report to the July 2024 Ordinary Council meeting with the
outcome from the engagement and proposed way forward.
AMENDMENT
MOVED: Lipovac/Sheppard
That Council:
1. Note the tabled
petition as presented to the May 2024 Ordinary Council Meeting and the
information in the report regarding previous engagement activities and
responses.
2. Endorse the
Draft Master Plan for the purpose of public exhibition for a period of not
less than 28 days.
3. Seek
expressions of interest through the engagement process for community members
in becoming a member of “Friends of Camden Head”.
4. Provide a
report to the July 2024 Ordinary Council meeting with the outcome from the
engagement and proposed way forward.
equal: 4/4
For: Edwards, Intemann,
Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
LOST
THE AMENDMENT ON BEING PUT WAS
LOST
AMENDMENT
MOVED:
Sheppard/Edwards
That Council:
1. Note
the Information in the report regarding previous engagement activities and
responses.
2. Note
the receipt of the petition as presented to the May 2024 Ordinary Council
Meeting.
3. Note
that Councillors received a briefing on Vegetation Management - Coastal
Headlands and Camden Head on 11 April 2024 which included details on the land
tenure, zoning and environmental constraints affecting Coastal Headlands and
Camden Head.
4. Endorse
the Draft Master Plan (as attached) for the purpose of public exhibition for
a period of not less than 28 days.
5. Include
in the exhibition, for feedback, the Draft Staged Concept Design (Camden Head
Masterplan) submitted by Mr Blair Maxwell as presented to Councillors at the
13 May 2024 Public Forum.
6. Request
the Chief Executive Officer prepare detailed information regarding land
tenure, zoning and environmental constraints that apply to Camden Head as
detailed in the April 2024 Councillor Briefing to support the public
exhibition.
7. Seek
expressions of interest through the engagement process for community members
in becoming a member of “Friends of Camden Head”.
8. Provide
a report to the July 2024 Ordinary Council meeting with the outcome from the
engagement and proposed way forward.
EQUAL: 4/4
FOR: Edwards, Intemann, Lipovac and Sheppard
AGAINST: Maltman,
Pinson, Roberts and Slade
LOST
THE
AMENDMENT ON BEING PUT WAS LOST
THE MOTION
ON BEING PUT WAS CARRIED
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RESOLVED:
Roberts/Pinson
That
Council:
1.
Note the tabled petition as presented to the May 2024 Ordinary
Council Meeting and the information in the report regarding previous
engagement activities and responses.
2.
Endorse the Draft Master Plan (as attached) for the purpose of
public exhibition for a period of not less than 28 days.
3.
Include in the exhibition, for feedback, the Draft Staged
Concept Design (Camden Head Masterplan) submitted by Mr Blair Maxwell as
presented to Councillors at the 13 May 2024 Public Forum.
4.
Request the Chief Executive Officer prepare detailed
information regarding land tenure, zoning and environmental constraints that
apply to Camden Head as detailed in the April 2024 Councillor Briefing to
support the public exhibition.
5.
Seek expressions of interest through the engagement process for
community members in becoming a member of “Friends of Camden
Head”.
6.
Provide a report to the July 2024 Ordinary Council meeting with
the outcome from the engagement and proposed way forward.
CARRIED: 8/0
For: Edwards,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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The
Chairperson tabled the petition as listed above.
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Adjourn meeting
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MOVED:
Sheppard/Edwards
That the Ordinary Council Meeting
adjourn for 5 minutes.
equal: 4/4
For: Edwards, Intemann,
Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
LOST
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Councillor Edwards left the
meeting, the time being 12:05pm.
Councillor Edwards returned to the meeting, the time being
12:07pm.
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11.03 Community Engagement systems, structures, and functions
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MOTION
MOVED: Sheppard/Intemann
1. That Council
note the information contained with the report.
2. In relation
to the November 2023 resolution to undertake a review of committees,
subcommittees, and steering groups (committees) that were disbanded in
February 2022 pending review, that Council.
a. Note that a review of disbanded
committees has not been undertaken.
b. Be provided a draft committee
structure for consideration at the November 2024 Ordinary Council meeting,
and that this report includes a review of Council committees and working
groups, which addresses both current committees and working groups, and those
discontinued during the current term of Council.
c. Determine that this review
include but not be limited to consideration of the governance, functions, and
effectiveness of each of the current and discontinued committees and working
groups.
3. In relation
to development of a Community Engagement Strategy, that Council note that
staff are currently developing a Community Engagement Strategy to meet
Council’s current and future engagement needs.
4. Council be
provided with a briefing in October 2024, which
a. Details the progress on the
review of committees and working groups detailed in 2b and 2c, and
b. Details the status of development
of the Community Engagement Strategy, including how it meets criteria for
Community Engagement Strategies as described the Office of Local Government
Integrated Planning and Reporting Handbook (2021).
AMENDMENT
MOVED: Roberts/Pinson
That Council note the
information contained within the report.
equal: 4/4
For: Maltman, Pinson,
Roberts and Slade
Against: Edwards,
Intemann, Lipovac and Sheppard
CASTING VOTE: CARRIED
THE AMENDMENT ON BEING
PUT WAS CARRIED
THE AMENDMENT BECAME THE
MOTION AND ON BEING PUT WAS CARRIED
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RESOLVED:
Roberts/Pinson
That Council note the
information contained within the report.
carried: 5/3
For: Lipovac, Maltman,
Pinson, Roberts and Slade
Against: Edwards,
Intemann and Sheppard
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11.04 Temporary Licence - Voodie Foods Van - Licence Renewal
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Councillor Edwards
declared a Pecuniary, Significant
interest in this item. The reason being is that she is the applicant in this
matter. Councillor Edwards took no part in the consideration or voting
and was out of sight for consideration of this matter.
RESOLVED:
Intemann/Roberts
That Council approve the
renewal of the Outdoor Business Licence application from Lauren Edwards to
operate the mobile food van, Voodie Foods, on a part time basis at John
Downes remembrance Park and at Shelley Beach Port Macquarie for a three (3)
year term.
carried: 6/1
For: Intemann, Lipovac, Pinson,
Roberts, Sheppard and Slade
Against: Maltman
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Councillor Sheppard left the meeting, the time being
12:24pm.
Councillor
Sheppard returned to the meeting, the time being 12:26pm.
Item 12.01 Classification Of Council Land - 99 William
Street, Port Macquarie, has been addressed previously within the meeting.
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12.02 Petition - Request for Review of Outdoor Dining Policy
in Relation to Retractable Blinds
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MOTION
MOVED: Pinson/Maltman
That Council:
1.
Note the petition received from
Brett Matthews requesting a review of Council’s Outdoor Dining Policy
in relation to the installation of retractable blinds in association with
footpath dining.
2.
Request the Chief Executive
Officer to undertake a review Council’s Outdoor Dining Policy to
consider the inclusion of Council approved retractable blinds in association
with footpath dining and that a report come back to the June 2024 Council
Meeting following the review of the policy for further consideration.
3.
Respond to the organiser of the
petition with the outcome of Council’s consideration in the matter.
AMENDMENT
MOVED: Intemann/Sheppard
Council note the review of the Management of Public Spaces
Policy due to be undertaken in June 2024 and request the Chief Executive
Officer to ensure that the petition received from Brett Matthews in relation
to retractable blinds associated with footpath dining be considered in the
review.
equal: 4/4
For: Edwards, Intemann,
Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
LOST
THE AMENDMENT ON BEING PUT WAS LOST
THE MOTION ON BEING PUT WAS CARRIED
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RESOLVED: Pinson/Maltman
That Council:
1.
Note the petition
received from Brett Matthews requesting a review of Council’s Outdoor
Dining Policy in relation to the installation of retractable blinds in
association with footpath dining.
2.
Request the Chief
Executive Officer to undertake a review Council’s Outdoor Dining Policy
to consider the inclusion of Council approved retractable blinds in
association with footpath dining and that a report come back to the June 2024
Council Meeting following the review of the policy for further consideration.
3.
Respond to the organiser
of the petition with the outcome of Council’s consideration in the
matter.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Councillor Edwards left the meeting, the time being 12:28pm.
Councillor Edwards returned to the meeting, the time being
12:30pm.
Item 13.01 Renewable Energy Project Sites Update, has been
addressed previously within the meeting.
Item 13.02 Easement Creation - 5130 Pacific Highway Kew, has
been addressed previously within the meeting.
Item 13.03 Easement Creation - Part Bain Park Wauchope, has
been addressed previously within the meeting.
Item 13.04 Council Easement Acquisition - Lot 51 DP 1035553,
1 Clarke Lane Wauchope, has been addressed previously within the meeting.
Councillor Slade left the
meeting, the time being 12:40pm.
Councillor Slade returned to
the meeting, the time being 12:41pm.
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13.05 Lake Cathie Natural Resource Management Monthly Update
Report
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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
did not influence her decision making in the matter.
RESOLVED:
Maltman/Lipovac
That Council:
1. 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.
2. Note
Council’s ongoing physical responsibilities for the management of the
Lake Cathie waterbody are strictly limited to the responsibilities of flood
mitigation, stormwater drainage and community protection only.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.06 Lake Cathie Entrance Management
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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 did not influence her decision
making in the matter.
RESOLVED: Lipovac/Edwards
That Council note the
information provided in the Lake Cathie Entrance Management report related to
the dry berm scrape undertaken 3 May 2024.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.07 Draft Waste and Resource Recovery Strategy 2024 - 2034
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RESOLVED: Edwards/Lipovac
That Council:
1. Place the
Draft Waste and Resource Recovery Strategy 2024 - 2034 on public exhibition
no later than 27 May 2024 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
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Item 13.08 Policy Review - Unsealed Roads Policy, has been
addressed previously within the meeting.
Item 13.09 Policy Review - Wastewater Services Policy, has
been addressed previously within the meeting.
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13.10 Policy Review - Draft Waste Services Policy - Following
Public Exhibition
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RESOLVED: Intemann/Edwards
That Council:
1. Adopt the Waste Services Policy.
2. Note the responses to feedback on the Draft Waste
Services Policy included in the Engagement Summary Report.
3. Thank the community for their feedback.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 13.11 Policy Review - Contribution for Paths Kerb and
Gutter - Following Public Exhibition, has been addressed previously within the
meeting.
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CONFIDENTIAL
SESSION
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RESOLVED: Sheppard/Intemann
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
2024.004 Flood Recovery Works - Rock Supply
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.
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: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
RESOLVED: Edwards/Lipovac
That the Council meeting be closed to the public for
the consideration of confidential items for the reason as listed in the
reports.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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14.01 2024.004 Flood Recovery Works - Rock
Supply
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RESOLVED: Intemann/Lipovac
That Council:
1. In
accordance with section 178(1) of the Local Government (General)
Regulation 2021, decline to accept any tenders submitted for 2024.004
Flood Recovery Works - Rock Supply, 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 tender(s) for 2024.004 Flood Recovery Works - Rock Supply
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 2024.004 Flood Recovery Works - Rock Supply.
carried: 8/0
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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RESOLVED: Edwards/Sheppard
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 Council
meeting were read to the meeting by the Group Manager Governance.
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The meeting closed at 12.56pm
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………………………………………..
Peta Pinson
Mayor