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 10.03am. |
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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. |
In addition to the Acknowledgement of Country, the Mayor separately acknowledged migrants and members, and returned members, of the armed and emergency services for their contributions to the Country.
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Pastor Duncan Moody from the North Haven Baptist Church delivered the Local Government Prayer. |
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04 APOLOGIES |
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05 CONFIRMATION OF MINUTES |
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That the Minutes of the Ordinary Council Meeting held on 20 June 2024 be confirmed. carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
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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 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. Mayor Pinson declared a Non-Pecuniary, Significant interest in Item 14.05 Code of Conduct Matter. The reason being is that she authored the complaint in this matter. Mayor Pinson intends to leave the meeting and take no part in consideration of this item. Councillor Sheppard declared a Non-Pecuniary, Less than Significant interest in Item 14.05 Code of Conduct Matter. The reason being that she intends to run a group of candidates with the respondent of the Code of Conduct matter, in the upcoming Local Government Election in September 2024. Councillor Sheppard sought and received advice from Council’s Governance staff on this matter, clause 5.3 of Council’s Code of Conduct, specifies that political views of a Council official do not constitute a private interest under the non-pecuniary provisions of the Code of Conduct and do not require her to declare this interest. However, in the spirit and interest of transparency, she made the declaration. 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. |
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That Council: 1. Formally recognise the contribution to the local community of the late Alderman and Mayor, Leonard Raymond Cooper, OAM. 2. Hold a minute’s silence in memory of Mr Cooper. carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
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08 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING
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09 ITEMS TO BE DEALT WITH BY EXCEPTION
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RESOLVED: Roberts/Slade That Items 10.01, 10.02, 10.05, 10.07, 10.08, 10.10, 12.01, 13.05, 13.09, and 13.10 be considered as a block resolution. carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil RESOLVED: Sheppard/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 |
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Suspension of Standing Orders |
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That Standing Orders be suspended to allow Item 13.02 to be brought forward and considered following Item 10.03. carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
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Block RESOLVED: Sheppard/Lipovac
That Council note the information contained in the Status of Reports from Council Resolutions report. |
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Block RESOLVED: Sheppard/Lipovac
That Council adopt the Audit, Risk and Improvement Committee Charter as attached to this report. |
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10.07 Contracts Awarded under Delegation by the Chief Executive Officer |
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Block RESOLVED: Sheppard/Lipovac
That Council note the information provided in the Contracts Register. |
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Block RESOLVED: Sheppard/Lipovac
That Council note the Investment and Loans Report for June 2024. |
Item 10.05 Revised Audit, Risk and Improvement Committee Charter, has been addressed previously within the meeting.
Item 10.07 Contracts Awarded under Delegation by the Chief Executive Officer, has been addressed previously within the meeting.
Item 10.08 Investments and Loans - June 2024, has been addressed previously within the meeting.
Item 10.10 Policy Review - Draft Procurement Policy - Following Public Exhibition, has been addressed previously within the meeting.
Councillor Edwards left the meeting, the time being 11:21am.
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That the meeting adjourn for 10 minutes. carried: 7/0 For: Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil
The Ordinary Council Meeting adjourned at 11.23am
The Ordinary Council Meeting resumed at 11.34am |
Councillor Edwards returned to the meeting, the time being 11:34am.
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That Council: 1. Note the information in the report. 2. Endorse the proposed naming of the stand at Lank Bain as "The Athol Lank Bain Stand" for the purpose of exhibition to seek community feedback on the proposed name. 3. Place the naming proposal on public exhibition for a period of 14 days. 4. Request the Chief Executive Officer to provide a report to the August 2024 Ordinary Council meeting to consider any submissions. carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
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That Council note the 2023-2024 Hastings Youth Voice End of Term report.
carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
Item 12.01 Port Macquarie Airport - Pilot Training and Aircraft Noise - Fly Neighbourly Agreement Trial - 12 Month Review, has been addressed previously within the meeting.
Item 13.02 Post Exhibition Report - Sancrox Employment Land Environmental Lands and Services Planning Agreement Applicant: King and Campbell and owner: Expressway Spares Pty Limited and James John Dunn and Catherine Brigette Dunn, has been addressed previously within the meeting.
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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: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
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That Council note the update report on Secondary Dwellings in Rural Zones
carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
Item 13.05 Draft Development Servicing Plan (DSP), 2024 - Public Exhibition, has been addressed previously within the meeting.
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That Council: 1. Note the planning and concept design for the Thrumster Wastewater Treatment Plant is all but complete and the Environmental Impact Statement will be submitted to the Department of Planning in the coming weeks. 2. Note that the site for the new plant is within the flood planning area for the Hastings River and the design has been undertaken in accordance with Council’s current Flood Policy 2018, and current adopted Flood Planning Levels. 3. Note that the Hastings River and Camden Haven River Flood Studies are currently being revised and the Flood Policy will be updated following the flood study updates and Council endorsement. 4. Note that due to the significance of this project, it will not be delayed pending Council’s endorsement of the revised flood studies and subsequent policy update. carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
Item 13.09 Update Report - Cairncross Waste Management Facility Leachate Pre-Treatment Temporary System - Single Select Procurement, has been addressed previously within the meeting.
Item 13.10 Strategy Review - Draft Waste and Resource Recovery Strategy 2024-2034 - Post Public Exhibition, has been addressed previously within the meeting.
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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 T-22-04 Water SCADA 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 2024.049 Dunbogan Bridge Scour Repair And Pile Protection Works 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 14.03 2024.098 Monday.com Licencing 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 14.04 General Waste Red Bin Rubbish Collection Over Summer 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 14.05 Code of Conduct Matter This item is considered confidential under Section 10A(2)(i) of the Local Government Act 1993, as it contains alleged contraventions of any Code of Conduct requirements applicable under Section 440. 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: Slade/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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That Council: 1. In accordance with section 178(1) of the Local Government (General) Regulation 2021, decline to accept any tenders submitted for T-22-04 Water SCADA, 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 since 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 T-22-04 - Water SCADA 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 T-22-04 Water SCADA
carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
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That Council: 1. Under the extenuating circumstances provision of section 55(3)(i) of the Local Government Act 1993, not invite tenders for the licensing for the project management platform Monday.com through Amazon Web Services Inc due to the unavailability of competitive tenders. 2. Procure Monday.com licenses through the Amazon Web Services Inc on an annual basis for three years at an approximate annual cost of $140,000 (excluding GST), commencing 17 July 2024 with the option for two further annual renewals at Council’s discretion. 3. Maintain the confidentiality of the consideration in respect of the 2024.098 Monday.com Licensing procurement matter outlined in this report. carried: 8/0 For: Edwards, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade Against: Nil |
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That Council: 1. Note the implications of changing to a weekly general waste bin collection over summer as detailed in this report. 2. Implement a trial of a weekly Red bin collection between 24 December 2024 and 1 Feb 2025 inclusive. 3. Allocate funding for this trial (approximately $140,000) from the Waste Reserve, noting the impact on future capital projects if future revenue is not raised to recover these costs. 4. Note the funding allocation will be included in August 2024-2025 monthly budget adjustment report. 5. Request the Chief Executive Officer to prepare a communications plan detailing this is a trial, education on the use of various bins and costs associated with increased bin services. 6. Report back to Council with trial period data following the trial period.
carried: 6/2 For: Intemann, Lipovac, Maltman, Pinson, Roberts and Slade Against: Edwards and Sheppard |
Mayor Pinson left the meeting, the time being 12.15pm
The Mayor vacated the Chair and an election of chairperson was conducted for this item.
ELECTION OF CHAIRPERSON
The Chief Executive Officer, acting as Returning Officer, called for nominations for Chairperson.
The Returning Officer, advised that a nomination for Chairperson had been received for Councillor Edwards.
As there was only one nomination, Councillor Edwards was elected chairperson.
Councillor Edwards assumed the chair.
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Mayor Pinson declared a Non-Pecuniary, Significant interest in this item. The reason being is that she is the complainant in this matter. Mayor Pinson took no part in the consideration or voting and was out of sight for consideration of this matter. Councillor Sheppard declared a Non-Pecuniary, Less than Significant interest in this item. The reason being that she intends to run a group of candidates with the respondent of the code of conduct matter, in the upcoming Local Government Election in September 2024. Councillor Sheppard sought and received advice from Council’s Governance staff on this matter, that clause 5.3 of Council’s Code of Conduct, specifies that political views of a Council official do not constitute a private interest under the non-pecuniary provisions of the Code of Conduct and do not require her to declare this interest. However, in the spirit and interest of transparency, Cr Sheppard made this declaration. 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.
Prior to leaving the meeting and in accordance with Clause 7.49 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, Councillor Intemann provided a verbal submission to the Council.
Councillor Intemann left the meeting, the time being 12.29pm
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That Council: 1. Defer consideration of this matter under clause 7.52(b) of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW and seek an opinion from the Office of Local Government in relation to whether formal Censure is warranted, a) with respect to the Investigation Report considering · seriousness of the conduct · harm or cost to Council or other individuals · damage to Council’s reputation · consideration of mitigating circumstances · appropriateness of mediation between the respondent and complainant. b) with respect to the Preliminary Assessment. 2. Provide a copy of the Preliminary Assessment with the request for opinion of the Office of Local Government. 3. Receive a further report detailing the opinion obtained from the Office of Local Government once received to determine an outcome in this matter. equal: 3/3 For: Edwards, Lipovac and Sheppard Against: Maltman, Roberts and Slade CASTING VOTE: FOR CARRIED |
Mayor Pinson returned to the meeting, the time being 1.03pm
Councillor Intemann returned to the meeting, the time being 1.03pm
Councillor Edwards vacated the Chair and Mayor Pinson resumed the Chair.
RESOLVED: Slade/Lipovac
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.
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The meeting closed at 1.15pm. |
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Peta Pinson
Mayor