MINUTES
Ordinary Council Meeting
20/03/2025
PRESENT
Members:
Mayor Adam Roberts
Councillor Lauren Edwards
Councillor Mark Hornshaw
Councillor Lisa Intemann
Councillor Chris Kirkman
Councillor Nik Lipovac
Councillor Rachel Sheppard
Councillor Hamish Tubman
Other Attendees:
Acting Chief Executive Officer (Robert Fish)
Director Business and Performance (Keith Hentschke)
Director Community, Planning and Environment (Melissa Watkins)
Acting Director Community Infrastructure (Blayne West)
Group Manager Governance (Michael Ferguson)
Governance Officer (Tania Ellis)
|
The meeting opened at 2.00pm |
|
The Mayor opened the Meeting with an Acknowledgement of Country and welcomed all in attendance in the Chamber and viewing online. |
|
Reverend John Forbes from the Hastings River Presbyterian Church delivered the Local Government Prayer. |
|
04 APOLOGIES |
|
That the apology received from Councillor Maltman be accepted.
carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
|
05 CONFIRMATION OF MINUTES |
|
That the Minutes of the Ordinary Council Meeting held on 20 February 2025 be confirmed. carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman
Please note that Item 5 - Confirmation of Minutes was recommitted later in the meeting to correct an omission.
|
|
|
|
Councillor Sheppard declared a non-pecuniary significant interest in Item 11.02 Petition - Location of SouperVan. The reason being is that Council Sheppard had a personal relationship with the organiser of the petition, Troy Eggleton and his family, dating back approximately 30 years, and have not maintained regular contact in recent years. Councillor Sheppard considers that a reasonable and informed person would consider this relationship could influence her decision making on this matter. Councillor Sheppard intends to leave the meeting, be out of sight and take no part in consideration of this item.
Councillor Sheppard declared a non-pecuniary significant interest in Item 11.03 SouperVan Mobile Food Van - Use Of Bain Park. The reason being is that Council Sheppard had a personal relationship with the applicant in this item, Troy Eggleton and his family, dating back approximately 30 years, and have not maintained regular contact in recent years. Councillor Sheppard considers that a reasonable and informed person would consider this relationship could influence her decision making on this matter. Councillor Sheppard intends to leave the meeting, be out of sight and take no part in consideration of this item.
Councillor Sheppard declared a Non-Pecuniary - Less than Significant interest in Item 13.08 Post Exhibition Report - PP2022-2.1 - Planning Proposal, Proposed Catholic High School - Lot 6 DP 594793, Lots 6 & 7 DP 594792, 1175-1191 Ocean Drive Bonny Hills. The reason being is that Councillor Sheppard resides in a property she owns nearby to the subject land, and she has family who reside in a property they own nearby to the subject land, which may be perceived to be a conflict of interest. Councillor Sheppard considers the interest less than significant because neither she or her family stand to gain or lose from the decision before Council, and she 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 Tubman declared a Non-Pecuniary, Less Than Significant Interest in Item 13.08 - Planning Proposal Proposed Catholic High School, the reason being that Councillor Tubman previously worked at the St Agnes parish however it is noted that this employment there ceased almost 12 months ago. Councillor Tubman 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.
Councillor Tubman declared a Non-Pecuniary - Less than Significant interest in Item 13.12 Notice Of Motion - Secondary Dwellings On Rural Properties. The reason being is that Councillor Tubman is in the process of purchasing Rural zoned land. Councillor Tubman 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.
Councillor Hornshaw declared a Non-Pecuniary - Less than Significant interest in Item 13.12 Notice Of Motion - Secondary Dwellings On Rural Properties. The reason being is that Councillor Hornshaw is the owner of, and resides on Rural zoned land. Cr Hornshaw noted that any future changes to the Local Environmental Plan provisions relating to the rural zones impact all owners of rural zoned land. Councillor Hornshaw 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.
Acting Chief Executive Officer Robert Fish declared a Non-Pecuniary - Less than Significant interest in Item 11.01 Petition - Request for Information on Port Macquarie Athletics Track. The reason being is that Mr Fish is a member of the Port Macquarie Pacers Running Club whom coordinated the petition, and is a non-committee member of the club. Mr Fish considers the interest less than significant and he intends to remain in the meeting. |
|
|
|
Nil. |
|
08 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING
|
|
09 ITEMS TO BE DEALT WITH BY EXCEPTION
|
|
RESOLVED: Roberts/Tubman
That Items 10.01, 10.02, 10.04, 10.08, 10.09, 11.04, 11.05, 12.01, 13.01, 13.02, 13.03, 13.09, and 13.10 be considered as a block resolution. carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil RESOLVED: Edwards/Lipovac
That all recommendations listed in the block resolution be adopted by Council. carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
|
That Council 1. Note the information contained in the Reports to Future Council Meetings - Council Resolutions. 2. Note the information contained in the Reports to Future Council Meetings - Cyclic |
|
That Council note the 2023-2024 Legislative Compliance Register - Report. |
|
That Council note the Investment and Loans Report for February 2025 |
|
That Council: 1. Note the information contained within this report relating to the review of the Policy - Beach Driving. 2. Endorse the revised draft Policy - Beach Driving for public exhibition for a period of not less than 28 days. 3. Note that Council will receive a further report at a future Ordinary Council Meeting outlining community feedback received during the public exhibition period. |
|
That Council: 1. Place the latest draft sub plans of the Places to Play Plan, namely the: · Watercraft Access and Fishing Areas Plan and · Community Gardens Plan in conjunction with the following previously adopted draft sub plans: o Skate Spaces Plan o Outdoor Fitness Equipment Plan o Outdoor Courts Plan o Off-leash Areas and Designated Dog Parks Plan on public exhibition for a period of not less than 28 days. 2. Note that a further report will be tabled at a future meeting of Council, detailing the submissions received from the public during the exhibition period of all six draft sub plans as follows: · Skate Spaces Plan · Outdoor Fitness Equipment Plan · Outdoor Courts Plan · Off-leash Areas and Designated Dog Parks Plan · Watercraft Access and Fishing Areas Plan · Community Gardens Plan |
|
That Council: 1. Note the review of the Dogs in Public Open Spaces Policy in accordance with Council’s Policy Framework. 2. Approve the public exhibition of the revised draft Dogs in Open Public Spaces Policy for a period of not less than 28 days. 3. Note that a further report will be tabled at a future Ordinary Council Meeting detailing the submissions received during the public exhibition period and any changes recommended. |
|
That Council: 1. Note the review of the Control of Burning Policy in accordance with Council’s Policy Framework. 2. Approve the public exhibition of the revised draft Control of Burning Policy for a period of not less than 28 days. 3. Note that a further report will be tabled at the May 2025 Ordinary Council Meeting detailing the submissions received during the public exhibition period and any changes recommended. |
|
13.03 Policy Review - Liquid Trade Waste Policy - Post Public Exhibition |
|
That Council: 1. Note that no submissions were received during the exhibition period 2. Adopt the Liquid Trade Waste Policy |
|
Suspension of Standing Orders |
|
That Standing Orders be suspended to allow Items 11.02, 11.03 and 13.08 not in the block to be brought forward and considered next. carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
PROCEDURAL MOTION
RESOLVED: Sheppard/Roberts
That Council recommit Item 5 Confirmation of Minutes to correct an omission in the previous resolution.
carried: 8/0
For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman
Against: Nil
|
05 CONFIRMATION OF MINUTES |
|
RESOLVED: Roberts/Lipovac
1. That the Minutes of the Ordinary Council Meeting held on 20 February 2025 be confirmed. 2. That the Minutes of the Extraordinary Council Meeting held on 11 March 2025 be confirmed. carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
Item 10.02 Status of Reports From Council Resolutions, has been addressed previously within the meeting.
Item 10.04 Legislative Compliance Register - Report, has been addressed previously within the meeting.
|
That Council adopt the draft Risk Management Policy. carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
|
That Council note the Disclosure of Interest returns for the following positions. 1. Community Infrastructure - Fleet Services Manager 2. Community Planning and Environment - Group Manager Environment and Regulatory Services 3. Community Utilities - Water and Sewer Compliance Coordinator 4. Community Utilities - Project Manager
carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
The Chairperson tabled the disclosures of interest return of the Designated Persons listed above.
|
That Council: 1. Adopt the adjustments in the February 2025 Adjustments section of the Monthly Budget Review – February 2025 report and associated attachment. 2. Approve the $11,354,833 budget carry forwards relating to Operational Plan Actions deferred by Council in February 2025. 3. Approve the deferral of additional actions in the 2024-2025 Operational Plan to future years as follows: · COA 14 Port Macquarie Community Centre-Design & Construct · CIR 03 Laurieton Depot Building Upgrade · LUP 04 Develop precinct plan · SPA 02 Greenmeadows Reserve - Playground Upgrade · SPA 35 Thrumster Sports Fields - Construction · SPA 09 Wallace Reserve, Scarborough Way - Playground Upgrade · WAS 04 Port Macquarie Bulk WTP at Cowarra Dam · WAS 31 Preconstruction Works for Kew (Area 15) Reservoir 4. Having regard to item 3 above, approve the associated $20,337,000 in budget carry forwards. 5. Approve $19,717,302 in additional budget carry forwards for programs detailed in Attachment 3 to this report. 6. Amend the 2024-2025 Operational Plan to include all budget adjustments and deferrals approved in this report.
carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
Item 10.08 Investments and Loans - February 2025, has been addressed previously within the meeting.
Item 10.09 Community Utilities Annual Compliance and Performance Report - 2023/24, has been addressed previously within the meeting.
|
That Council approves the following motions to be put to the 2025 National General Assembly: (a) This National General Assembly calls on the Australian Government to: Support Local Governments in addressing the need for Climate Adaptation initiatives, through formula-based funding that is provided to all Councils. (b) This National General Assembly calls on the Australian Government to: Ensure that any further Federal grant funding programs for enabling infrastructure that supports housing delivery apportions at least $500million each year for which only Local Governments are eligible. carried: 5/3 For: Edwards, Intemann, Lipovac, Sheppard and Tubman Against: Hornshaw, Kirkman and Roberts |
Item 11.02 Petition - Location of SouperVan, has been addressed previously within the meeting.
Item 11.04 Policy Review - Beach Driving, has been addressed previously within the meeting.
Item 11.05 Draft Places to Play Plans, has been addressed previously within the meeting.
|
That Council: 1. Note the draft Community Engagement Strategy and the proposed Engagement Plan to support the public exhibition of the draft Community Engagement Strategy. 2. Request the Chief Executive Officer review the proposed Engagement Plan for the specific proposed public exhibition, to provide greater detail about the specific targeted engagement activities planned for groups that have been identified as underrepresented in past Council engagements. 3. Request that the revised engagement plan in point 2 also include a document to be exhibited alongside the draft Community Engagement Strategy, which lists the underrepresented stake-holders and a more comprehensive range of example targeted engagement methods that are used or may be used in future engagement plans to engage each of those groups. 4. Request that Councillors receive a briefing before the Engagement Plan is finalised and the draft Community Engagement Strategy is presented to Council. 5. Receive a further report to the May 2025 Ordinary Meeting of Council.
carried: 5/3 For: Edwards, Intemann, Lipovac, Sheppard and Tubman Against: Hornshaw, Kirkman and Roberts |
Item 12.01 Policy Review - Dogs In Public Open Spaces, has been addressed previously within the meeting.
|
12.03 Notice of Motion - Environment and Community Infrastructure Levy |
Item 13.01 Policy Review - Control of Burning, has been addressed previously within the meeting.
Item 13.02 Policy Review - Transport and Drainage Policy Suite - Post Public Exhibition, has been addressed previously within the meeting.
Item 13.03 Policy Review - Liquid Trade Waste Policy - Post Public Exhibition, has been addressed previously within the meeting.
Councillor Kirkman left the meeting, the time being 3:29pm.
Councillor Hornshaw left the meeting, the time being 3:29pm.
Councillor Kirkman returned to the meeting, the time being 3:30pm.
Councillor Hornshaw returned to the meeting, the time being 3:31pm.
Councillor Tubman left the meeting, the time being 3:35pm.
Councillor Sheppard left the meeting, the time being 3:35pm.
Councillor Sheppard returned to the meeting, the time being 3:36pm.
Councillor Tubman returned to the meeting, the time being 3:36pm.
Item 13.09 Lake Cathie Natural Resources Management Monthly Update Report, has been addressed previously within the meeting.
Item 13.10 Extension of Contract T-20-06 Operation of Port Macquarie-Hastings Council Vehicular Ferry Services, has been addressed previously within the meeting.
|
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 2025.007 Citizen Centric Payment Experience Project 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 2024.0229 Management of Developer Contributions Solution 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, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil RESOLVED: Kirkman/Tubman
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, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
|
That Council: 1. Under the extenuating circumstances provision of section 55(3)(i) of the Local Government Act 1993, not invite tenders, as a satisfactory outcome would not be achieved for the reason of limited availability of vendors that provide a payment product that integrates with Council’s core Enterprise Resource Planning system, CIVICA Authority. 2. Enter into direct negotiations with NSW Government prequalified vendor Payable Pty Ltd for a payment experience platform under the NSW Government SCM0020 ICT Prequalification Scheme for three years, at an approximate annual cost of $93,000, with the option to undertake annual renewals for a further two years at Council’s discretion. 3. Maintain the confidentiality of the consideration in respect of the 2025.007 payment platform procurement matter outlined in this report.
carried: 8/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Nil |
RESOLVED: Edwards/Lipovac
That the Council Meeting be re-opened to the public.
carried: 8/0
For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman
Against: Nil
The outcomes of the Confidential Session of the Ordinary Council meeting were read to the meeting by the Group Manager Governance.
|
The meeting closed at 4.16pm |
………………………………………..
Adam Roberts
Mayor