MINUTES
Ordinary Council Meeting
16/03/2023
PRESENT
Members:
Mayor Peta Pinson (Mayor)
Councillor Rachel Sheppard (Deputy Mayor)
Councillor Lauren Edwards
Councillor Sharon Griffiths
Councillor Lisa Intemann
Councillor Nik Lipovac
Councillor Danielle Maltman
Councillor Adam Roberts
Councillor Josh Slade
Other Attendees:
Chief Executive Officer (Dr Clare Allen)
Director Business and Performance (Keith Hentschke)
Director Community, Planning and Environment (Melissa
Watkins)
Director Community Infrastructure (Robert Fish)
Director Community Utilities (Jeffery Sharp)
Group Manager Governance (Michael Ferguson)
Governance Officer (Tania Ellis)
The meeting opened at 3.00pm
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01 ACKNOWLEDGEMENT
OF COUNTRY
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The Mayor opened the Meeting with
an Acknowledgement of Country and welcomed all in attendance in the Chamber
and viewing on line.
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02 REMOTE
ATTENDANCE AT MEETING
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Nil
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03 LOCAL
GOVERNMENT PRAYER
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Reverend Samuel Grittins from the
Wauchope Presbyterian Church 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: Slade/Sheppard
That the Minutes of the Ordinary
Council Meeting held on 16 February 2023 be confirmed.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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06 DISCLOSURES
OF INTEREST
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Councillor
Maltman declared a Non-Pecuniary, Less than Significant interest in Item 13.02
Lake Cathie Natural Resource Management Monthly Update. The reason being that
Councillor Maltman is a non-financial life member and former President of the
community organisation Revive Lake Cathie Incorporated. Councillor Maltman
intends to remain in the meeting, participate and vote in the matter as this
perceived conflict will not influence her decision making in the matter.
Councillor Intemann declared a Non-Pecuniary, Less than
significant interest in Item 11.05 Draft Policy - Community Leasing and Licensing
Policy-Post Public Exhibition. The reason being that Councillor Intemann is
an ordinary member of Wauchope Community Arts Council, and has been for some
years acted as the Returning Officer their Annual General Meeting. Councillor
Intemann 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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07.01 Chief Executive
Officer's Performance Review Panel
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Resolved: Pinson
That Council:
1. Determine
that the composition of the Chief Executive Officer’s Performance
Review Panel for the period ending 1 February 2023 to consist of the Mayor,
Deputy Mayor, one (1) Councillor nominated by Council and one (1) Councillor
nominated by the Chief Executive Officer.
2. Note that
Councillor Sharon Griffiths is the Chief Executive Officer’s nominated
Councillor on the Chief Executive Officer’s Performance Review Panel
for the subject period.
3. Note that
Councillor Nik Lipovac is the Council’s nominated Councillor on the
Chief Executive Officer’s Performance Review Panel for the subject
period.
4. Delegate to the
Chief Executive Officer’s Performance Review Panel the process of
performance management, including discussions about performance, reporting
and performance reviews for the period ending 1 February 2023.
It is noted that Mayor
Pinson called for nominations for the Councillor to be Council’s
representative on the Chief Executive
Officer’s Performance Review Panel.
Nominations were received
from Councillor Nik Lipovac and Councillor Danielle Maltman.
An open vote was conducted
and Councillor Lipovac received 4 votes with Councillor Maltman receiving 3 votes.
Councillor Lipovac was
confirmed as the Council representative on the Chief Executive
Officer’s Performance Review Panel.
carried: 9/0
For: Edwards, Griffiths, Intemann, Lipovac, Maltman,
Pinson, Roberts, Sheppard and Slade
Against: Nil
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07.02 Recognition of the Late Allan Gordon
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Resolved: Pinson
That Council note the
contribution to the local business community of the late Allan Gordon.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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07.03 Independent Report on the Port Macquarie Southern
Breakwall by Angus Gordon
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MOVED: Pinson
That Council:
1. Note the
independent report on the Port Macquarie Southern Breakwall by Angus Gordon
which was funded by members of “Save Our Breakwall”.
2. Correspondence
received from Mr Angus Gordon in response to Transport for NSW statement in
relation to Development Application
3. Correspondence
received from Mr Mark Hutchings, Executive Director NSW Maritime.
AMENDMENT: Sheppard/Griffiths
To defer this item to the April 2023 Ordinary Council
meeting.
carried: 5/4
For: Edwards, Griffiths,
Intemann, Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
THE AMENDMENT WAS CARRIED AND BECAME THE MOTION
RESOLVED: Sheppard/Griffiths
To defer this item to the April 2023 Ordinary Council
meeting.
carried: 5/4
For: Edwards, Griffiths,
Intemann, Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
Mayor Peta Pinson tabled
documents titled:
·
Letter to Mayor Peta Pinson from Transport for
NSW regarding the Port Macquarie Southern Breakwall
·
Email Between Damian King and Angus Gordon
regarding Port Macquarie Southern Breakwall
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08 CONFIDENTIAL
CORRESPONDENCE TO ORDINARY COUNCIL MEETING
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NIL
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09 ITEMS TO BE
DEALT WITH BY EXCEPTION
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Resolved: Griffiths/Roberts
That Items 10.01,10.02, 10.04,
10.06, 10.07, 10.08 and 13.03 be considered as a block resolution.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
RESOLVED: Griffiths/Roberts
That all recommendations listed
in the block resolution be adopted by Council.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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10.01 Mayoral Discretionary Fund Allocations - 2 February to 2
March 2023
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BLOCK
RESOLVED: Griffiths/Roberts
That Council note the
Mayoral Discretionary Fund allocations for the period 2 February to 2 March
2023 inclusive.
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10.02 Status of Reports From Council Resolutions
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BLOCK
RESOLVED: Griffiths/Roberts
That Council note the
information contained in the Status of
Reports from Council Resolutions
report.
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10.04 Monthly Budget Review - February 2023
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BLOCK
RESOLVED: Griffiths/Roberts
That Council:
1. Adopt the
adjustments in the “February 2023 Adjustments” section of the
Monthly Budget Review – February 2023 report and associated attachment.
2. Amend the
2022-2023 Operational Plan to include all budget adjustments approved in this
report.
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10.06 Classification of Council Land - Maize Parkway Thrumster
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BLOCK RESOLVED: Griffiths/Roberts
That Council:
1. Pursuant to Section 34 of the Local Government Act 1993 commence the
process to classify Lot 70 DP 1274051 Maize Parkway Thrumster as operational land by
placing on public exhibition for a minimum of 28 days with the proposed
resolution, “It is intended to classify Lot 70 DP 1274051 Maize
Parkway Thrumster as operational land”.
2. Note
that a further report will be tabled at a future Council meeting detailing
any submissions received during the exhibition period.
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10.07 T-21-51 Supply of Urban and Civil Pipes, Fittings,
Fixtures and Associated Products and Services
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BLOCK RESOLVED: Griffiths/Roberts
That Council:
1. In accordance
with section 178(1) of the Local Government (General) Regulation 2021,
decline to accept any tenders submitted for T-21-51 Supply of Urban and Civil
Pipes, Fittings, Fixtures and Associated Products and Services, for
categories 3 - 11, 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 tender.
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 superior outcome.
3. Note the
Chief Executive Officer, under existing delegation to the General Manager,
may accept a tender for T-21-51 Supply of Urban and Civil Pipes, Fittings,
Fixtures and Associated Products and Services for categories 3 - 11 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-21-51 Supply of Urban and Civil Pipes, Fittings, Fixtures and
Associated Products and Services.
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10.08 Overseas travel approval for Mr Danny Roberts, Water
Treatment Technical Officer to attend the 2023 Operators Tour of New Zealand
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BLOCK
RESOLVED: Griffiths/Roberts
That Council approve the
attendance of Mr Danny Roberts to the 2023 New Zealand Water Operations Group
Annual Conference and study tour to be held during May 2023.
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13.03 Long Term Energy Strategy - Renewable Energy Feasibility
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BLOCK RESOLVED: Griffiths/Roberts
That Council note the
report that provides an update on renewable energy projects feasibility and
progress.
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Item
10.01 Mayoral Discretionary Fund
Allocations - 2 February to 2 March 2023,
has been addressed previously within the meeting.
Item 10.02 Status of Reports From Council Resolutions,
has been addressed previously within the meeting.
10.03 Investments and Loans - February 2023
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Resolved: Roberts/Pinson
That Council note the
Investment and Loans Report for the month of February 2023.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 10.04 Monthly Budget Review - February, has been
addressed previously within the meeting.
10.05 Opportunities for Local Firms to do Business with
Council
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RESOLVED: Lipovac/Intemann
That Council:
1. Note
the information provided relating to the Tendering Local
Preference
Policy.
2. Request
that a report be presented to the March 2024 Council Meeting that details
Council's commitment to supporting local business through their tendering and
purchasing process from the previous 12 months.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 10.06 Classification of Council Land - Maize
Parkway Thrumster, has been addressed previously within the meeting.
Item 10.07 T-21-51 Supply of Urban and Civil Pipes,
Fittings, Fixtures and Associated Products and Services, has been addressed
previously within the meeting.
Item 10.08 Overseas travel approval for Mr Danny
Roberts, Water Treatment Technical Officer to attend the 2023 Operators Tour of
New Zealand, has been addressed previously within the meeting.
11.01 Notice of Motion of Alteration - Port Macquarie-Hastings
Sporting Fund Meeting Date Change Request
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RESOLVED:
Pinson/Sheppard
That Council:
1. Adopt
the updated Charter for the Port Macquarie Hastings Sporting Fund noting the
change of committee name, membership and that section 5 Timetable of Meetings
be amended to read “Meetings will be held monthly at a date and time as
determined by the Committee except for December and January (unless
required). A Meeting also may be held if required for a specific purpose.”
2. Update
Council’s sporting fund grant and scholarship guidelines and website in
accordance with the revised Charter.
3.
Note the resignation of Mayor Peta Pinson as
Councillor and Chairperson representative from the Port Macquarie-Hastings
Sporting Fund Sub-Committee
4.
Determine Councillor Lipovac, upon resignation
as a community member of the committee, be the committee Chairperson, Councillor
Intemann be the alternative committee Councillor Chairperson, to the Port
Macquarie-Hastings Sporting Fund Sub-Committee.
carried: 9/0
For: Edwards,
Griffiths, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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11.02 Tuffins Lane Sporting Precinct -
Commencement of Design Works
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MOVED:
Griffiths/Edwards
That Council:
1. Note the
information provided in this report
2. Not include
funding for the detailed design works to the value of $200,000 in the draft
2023-2024 Operational Plan and budget.
3. Note that
funding of the upgrade works for the Tuffins Lane Sporting Precinct
at this time is likely to impact on the implementation of other planned
sporting infrastructure upgrades and/or delivery of new facilities.
4. Note the
ongoing use of the Tuffins Lane Sporting Precinct by sporting groups and that Works
will be programmed and funded in accordance with the adopted revised
Recreation Action Plan and future Operational Plan(s).
lost: 4/5
For: Edwards, Griffiths,
Intemann and Sheppard
Against: Lipovac, Maltman, Pinson, Roberts and Slade
RESOLVED: Sheppard/Pinson
That Council:
1.
Note the information provided in this
report.
2.
Consider including funding for the detailed design
works to the value of $200,000 in the draft 2023-2024 Operational Plan and
budget.
3.
Request the Chief Executive Officer to prepare a communications
plan to all stakeholder user groups outlining the steps involved
in the proposed drainage works, the estimated timeframe, estimated
costs, known risks, and potential impacts on the delivery
of other sporting infrastructure priorities.
4.
Request that should Council determine to include
the funding for the detailed design works to the value of $200,000 in
the draft 2023-2024 Operational Plan and budget that the communications
plan in point three be implemented as part of the public exhibition of
the draft Operational Plan, to facilitate informed community feedback on
the proposal to progress drainage works.
5.
That Council receive a further report in regards to
the outcome of consultation on this matter, as part of the draft
Operational Plan engagement report.
carried: 8/1
For: Edwards, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Griffiths
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11.03 Recommended Items from the Port Macquarie Hastings
Sporting Fund Sub-Committee
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RESOLVED: Roberts/Slade
That Council note the 2
February 2023 recommendations of the Port Macquarie Hastings Sporting Fund Sub-Committee
and:
1. Accept for
payment expenses associated with the Bowls Day and that Council receive a
post event report at the April 2023 Council meeting.
2. Accept the
quote of $300 from Oxley Signs for engraving of winners on the Sporting Fund Shield.
3. Approve
expenditure of $100 for purchase of a gift for past serving committee members
Jo-Anne Boarder and Sue Reid.
4. Increase the
Wayne Richards Sporting Scholarship from $4,000 to $5,000 per annum effective
for the September 2023 application round.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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11.04 Port Macquarie-Hastings Sports Council
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MOVED: Roberts/Slade
That Council endorse the
draft Terms of Reference for the Port Macquarie-Hastings Sports Council.
AMENDMENT:
Intemann/Sheppard
That Council:
1.
Note the report and the draft Terms of
Reference proposed for the Port Macquarie-Hastings Sports Council
2.
Request the Chief Executive Officer to
schedule a Councillor Workshop to review the draft Terms of Reference
3.
Receive a further report on the outcomes of
the Councillor Workshop and the draft Terms of Reference to the May 2023
Ordinary Council Meeting.
carried: 5/4
For: Edwards, Griffiths,
Intemann, Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
THE AMENDMENT WAS CARRIED AND THEN BECAME THE MOTION
RESOLVED:
Intemann/Sheppard
That Council:
1.
Note the report and the draft Terms of
Reference proposed for the Port Macquarie-Hastings Sports Council
2.
Request the Chief Executive Officer to
schedule a Councillor Workshop to review the draft Terms of Reference
3.
Receive a further report on the outcomes of
the Councillor Workshop and the draft Terms of Reference to the May 2023
Ordinary Council Meeting.
carried: 5/4
For: Edwards, Griffiths,
Intemann, Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
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11.05 Draft Policy - Community Leasing and Licensing Policy -
Post Public Exhibition
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Councillor
Intemann declared a Non-Pecuniary, Less than significant interest in Item
11.05 Draft Policy - Community Leasing and Licensing Policy-Post Public
Exhibition. The reason being that Councillor Intemann is an ordinary member
of Wauchope Community Arts Council, and has been for some years acted as the
Returning Officer their Annual General Meeting. Councillor Intemann remained
in the meeting, participated and voted in the matter as this perceived
conflict will not influence her decision making in the matter.
Resolved: Intemann/Sheppard
That Council:
1. Note the submissions
received during the public exhibition period and thank
those
who made submissions for their input and advise them of the outcome
of Council’s
consideration of this matter
2. Adopt the Community
Leasing and Licensing Policy
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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12.01 Notice of Motion - Rate Freeze 2023-2024
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MOTION: Roberts/Pinson
That Council:
1. Request the Chief
Executive Officer prepare as part of the Integrated Planning and Reporting
process, a draft Operational Plan for the 2023-2024 financial year that freezes
the Ordinary and Special Rates, excluding the Town Centre Master Plan
component of the Port Macquarie CBD ordinary business rate, at the 2022-2023
level.
2. Request the
Chief Executive Officer model the impact of freezing Ordinary and Special Rates
at the 2022-2023 levels for the period 1 July 2023 to 30 June 2025 inclusive
and that a report is returned to the April 2023 Ordinary Council meeting that
addresses how the financial impact of the rate freeze might be mitigated.
lost: 4/5
For: Maltman, Pinson,
Roberts and Slade
Against: Edwards,
Griffiths, Intemann, Lipovac and Sheppard
RESOLVED: Sheppard/Griffiths
That Council:
1.
Request the Chief Executive Officer to
prepare, as part of the Integrated Planning and Reporting process, a draft Operational
Plan for the 2023- 2024 financial year that incorporates the NSW rate peg
increase for the Ordinary and Special Rates, excluding the TCMP component of
the Port Macquarie CBD Business Rate.
2.
Note the following:
(a)
The impact on Council rate income from a one-year rate freeze in the 23/24
financial year would be a reduction of approximately $2.6m less revenue from
ordinary rates during that year, with a cumulative impact across 10 years of
approximately $32m.
(b)
That approximately 69% of Council’s operational costs supporting core
operations of Council are fixed and cannot readily be reduced without
reducing services and staffing. As a result, potential operational impacts of
a rate freeze would need to consider the following areas:
• Parks
and Gardens, including sporting fields: Selective reductions in level of
maintenance and frequency;
• Transport:
Selective reductions in operational maintenance, drainage works, road
resealing, bridge investigation and preventative maintenance, leading to
potential safety issues and degradation of assets;
• General
works: Revenue funded projects would need to be re-prioritised, with delivery
timeframes potentially slowed down or deferred.
(c)
That Council is directly addressing Long Term Financial Sustainability
by undertaking a General Fund Improvement Plan with a 3-5 year horizon for
implementation, which could be accelerated with additional resource
allocation.
(d)
That the benefit of a one-year rate freeze on residential rate payers would
equate to a rate reduction of approximately $60 for the year, on average
depending on land valuation.
carried: 5/4
For: Edwards, Griffiths,
Intemann, Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
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PROCEDURAL MOTION
RESOLVED: Sheppard/Griffiths
That the Council meeting be adjourned for 10 minutes
carried: 7/2
For: Edwards, Griffiths,
Intemann, Lipovac, Pinson, Sheppard and Slade
Against: Maltman
and Roberts
The Ordinary Council Meeting adjourned at 5.40pm.
The Ordinary Council Meeting resumed at 5.56pm.
13.01 Notice of Motion - NSW Forestry Corporation and National
Parks and Wildlife - Cease Logging
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MOTION: Edwards/Griffiths
That Council:
1. Advocate to
the NSW Forestry Corporation and National Parks and Wildlife Service to
permanently cease all logging in Compartments 41 and 43 of the Bulga State
Forest within the upper catchment of the Hastings River, and add the
compartments to the Biriwal Bulga National Park.
2. Advocate to the
NSW Government to develop a plan for the just transition
of the Forestry Corporation NSW native forest sector to ecologically
sustainable hardwood plantations and farm forestry and that such plans ensure
the protection of existing jobs in this sector and ensure a reliable supply
of high value native hardwood timber products into the future by;
Writing to the relevant State Members:
1) Member for Myall Lakes
2) Member for Port Macquarie
3) Member for Oxley
Writing to the Ministers and Shadow Ministers:
1) Minister for Energy,
2) Minister for Finance and
Employee Relations,
3) Minister for Agriculture,
4) Minister for Environment and
Heritage and
5) Minister for Natural Resources.
3. Notes
the resolution of item 10.1 at the 8 February 2023 MidCoast Council Ordinary
Council Meeting, as the minutes of that meeting recorded, provided in the
attachments
PROCEDURAL MOTION:
MOTION: Sheppard/Edwards
A Motion of Dissent was moved
on the chairperson’s ruling of a Point of Order
lost: 3/6
For: Edwards, Griffiths
and Sheppard
Against: Intemann,
Lipovac, Maltman, Pinson, Roberts and Slade
THE MOTION ON BEING PUT WAS LOST
lost: 4/5
For: Edwards, Intemann,
Lipovac and Sheppard
Against: Griffiths,
Maltman, Pinson, Roberts and Slade
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Councillor Edwards tabled her
speaking notes with respect to this item.
13.02 Lake Cathie Natural Resource Management Monthly Update
Report
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Councillor
Maltman declared a Non-Pecuniary, Less than Significant interest in Item 13.02
Lake Cathie Natural Resource Management Monthly Update. The reason being that
Councillor Maltman is a non-financial life member and former President of the
community organisation Revive Lake Cathie Incorporated. Councillor Maltman
remained in the meeting, participated and voted in the matter as this
perceived conflict will not influence her decision making in the matter.
Resolved: Roberts/Maltman
That Council note the progress of natural resource management
projects/initiatives within the Lake Cathie, Lake Innes and Cathie Creek
waterways and progression of the Coastal Management Program.
carried: 9/0
For: Edwards,
Griffiths, Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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Item 13.03, Long Term Energy Strategy - Renewable Energy
Feasibility has been addressed previously within the meeting.
13.04 PP2022-2.1 Planning Proposal Assessment Report -
Proposed Catholic High School - Lot 6 DP 594793, Lots 6 and 7 DP 594792, 1175
and 1191 Ocean Drive Bonny Hills
OWNER: Trustees of the Roman Catholic Church Diocese of Lismore
APPLICANT: King and Campbell
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RESOLVED: Edwards/Griffiths
That Council:
1. Note the
negotiations between Council staff and the Proponent and landowners to
achieve a supportable development outcome on Lot 6 DP 594793, Lots 6 and 7 DP
594792, 1175 and 1191 Ocean Drive Bonny Hills.
2. Agree to accede to the proponents request to provide
additional information to support a draft Planning Proposal.
3. Note that a further report will be tabled at a meeting of
Council later in 2023, addressing the additional information submitted by the
Proponent and determining whether Council will prepare a Planning Proposal pursuant to section 3.33 of the Environmental Planning
and Assessment Act 1979 for a map only amendment to the Port
Macquarie-Hastings Local Environmental Plan 2011 for Lot 6 DP 594793, Lots 6 and 7 DP 594792, 1175 and 1191
Ocean Drive Bonny Hills, to rezone the subject land from RU1 Primary Production to part SP2 Infrastructure
(school) and part C2 Environmental Conservation to enable an educational
establishment.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
|
13.05 PP2020-3.1 - Planning Proposal Assessment Report -
Proposed Health and Education Precinct - 8 Highfields Circuit, 3 and 5 Kulai
Place and 9 and 11 Kingfisher Road Port Macquarie
Owner: Highfields Development Pty Ltd
Applicant: Shellshear Young Pty Ltd
|
RESOLVED:
Intemann/Griffiths
That Council:
1.
Note that the land owner has now withdrawn the Planning Proposal
request to amend the Port Macquarie-Hastings Local Environmental Plan 2011 to
rezone Lot 180 DP 1197447, Lot 37 DP 1191701, and Lots 1, 2, 7 and
8 DP 262597, 8 Highfields Circuit, 3 and 5 Kulai Place and 9 and 11
Kingfisher Road Port Macquarie from R1 General Residential and R2 Low
Density Residential to B4 Mixed Use and increase the height of buildings and
floor space ratio provisions.
2.
Acknowledge that the subject land is identified as part of the wider
Health and Education Precinct (HEP) within the North Coast Regional Plan 2041
and the Port Macquarie-Hastings Urban Growth Management Strategy 2017- 2036
and invite the Proponent/owners to submit a new Planning Proposal
application, which addresses the matters raised in this report, at a time
when the sewer servicing issues have been resolved for the area and details
of the Oxley Highway / John Oxley Drive / Wrights Road intersection upgrades
have been determined by Transport for NSW.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
|
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13.06 DA2022 - 821.1 Alterations and additions to dwelling
including Clause 4.6 Variation to Clause 4.3 (Height of buildings) and Clause
4.4 (Floor space ratio) of the Port Macquarie-Hastings Local Environmental
Plan 2011 at Lot 30, DP 18159, NO. 977 Ocean Drive, Bonny Hills
|
Resolved: Intemann/Griffiths
That DA2022
- 821.1 for alterations and additions to dwelling including Clause 4.6
variation to Clause 4.3 (Height of Buildings) and Clause 4.4 (Floor Space
Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 30,
DP 18159, No. 977 Ocean Drive, Bonny
Hills, be determined by granting consent subject to the recommended
conditions.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.07 Integrated Transport Plan Update
|
Resolved: Intemann/Roberts
That Council note the information provided in the Integrated
Transport Plan update.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.08 Annual Water Quality Report 2021 - 2022
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Resolved: Sheppard/Roberts
That Council note the
information contained within this report regarding the quality performance of
drinking and recycled water supplied to the community.
carried: 9/0
For: Edwards, Griffiths, Intemann,
Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
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13.09 Status of stormwater drainage system servicing Illaroo
Road, Lake Cathie and surrounds
|
MOTION:
Pinson/Maltman
That Council:
1. Note the identified stormwater issues in the immediate areas
surrounding Illaroo Road, Lake Cathie, including but not limited to Aqua
Crescent and Kywong Street.
2. Note that these locations have been registered on the Stormwater
Risk Register for the Local Government Area.
3. Receive a further report by September 2023 with a high level
estimated cost to address each of the identified hotspot locations and
additional advice on the rating of hazards that exist at these locations.
AMENDMENT: Sheppard/Edwards
That Council
1. Note the identified stormwater issues in the immediate areas
surrounding Illaroo Road, Lake Cathie, including but not limited to Aqua
Crescent and Kywong Street.
2. Note that these locations have been registered on the Stormwater
Risk Register for the Local Government Area.
carried: 5/4
For: Edwards, Griffiths,
Intemann, Lipovac and Sheppard
Against: Maltman,
Pinson, Roberts and Slade
THE AMENDMENT BECAME THE MOTION
RESOLVED: Sheppard/Edwards
That Council:
1.
Note the identified stormwater issues in the
immediate areas surrounding Illaroo Road, Lake Cathie, including but not
limited to Aqua Crescent and Kywong Street.
2.
Note that these locations have been registered
on the Stormwater Risk Register for the Local Government Area.
carried: 6/3
For: Edwards, Griffiths,
Intemann, Lipovac, Pinson and Sheppard
Against: Maltman,
Roberts and Slade
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CONFIDENTIAL
SESSION
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Resolved: Roberts/Slade
1.
That pursuant to section 10A subsections 2 & 3 and 10B of the
Local Government Act 1993 (as amended), the press and public be excluded from
the proceedings of the Confidential Session of Council on the basis that
items to be considered are of a confidential nature.
2.
That Council move into Closed Session to receive and consider the
following items
Item 14.01
T-22-60 Part B: Settlement Shores Canal Maintenance Dredging
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-22-88 Fixing Country Bridges - 5 major Bridges - Contractor Works Package
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: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
|
14.01 T-22-60 PART B: SETTLEMENT SHORES CANAL
MAINTENANCE DREDGING
|
Resolved: Pinson/Roberts
That Council:
1. In
accordance with section 178(1)(b) of the Local Government (General)
Regulation 2021, decline to accept any tenders submitted for T-22-60 Part B: Settlement
Shores Estate Canal Maintenance Dredging.
2. 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-22-60 Part B Settlement Shores Canal Maintenance
Dredging, with a view to entering into a contract in relation to the subject
matter of the tender.
3. 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 unduly delay the project.
4. Note
that the Chief Executive Officer, under existing delegation to the General
Manager, may accept a tender for T-22-60 Part B: Settlement Shores Estate
Canal Dredging Maintenance following successful negotiations, and present a
further report to a future meeting of Council after contract award for
Council’s information.
5. Maintain
the confidentiality of the documents and consideration in respect of Request
for Tender T-22-60 Part B: Settlement Shores Estate Canal Dredging
Maintenance.
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
|
|
14.02 T-22-88 FIXING COUNTRY BRIDGES - 5 MAJOR
BRIDGES - CONTRACTOR WORKS PACKAGE
|
RESOLVED: Lipovac/Griffiths
That Council:
1. In
accordance with section 178(1)(b) of the Local Government (General)
Regulation 2021, decline to accept any tenders submitted for T-22-88 Fixing
Country Bridges - 5 Major Bridges - Contractor Works Package.
2. 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-22-88 Fixing Country Bridges - 5 Major Bridges -
Contractor Works Package, with a view to entering into a contract in relation
to the subject matter of the tender.
3. 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 grant funding deadline.
4. Note
the Chief Executive Officer, under existing delegations to the General
Manager, may accept a tender for T-22-88 Fixing Country Bridges - 5 Major
Bridges - Contractor Works Package, following successful negotiations, and
present a further report to a future meeting of Council after contract award
for Council’s information.
5. Maintain
the confidentiality of the documents and consideration in respect of Request
for Tender T-22-88 Fixing Country Bridges - 5 Major Bridges - Contractor
Works Package.
|
RESOLVED: Lipovac/Edwards
That the Council Meeting be
re-opened to the public
carried: 9/0
For: Edwards, Griffiths,
Intemann, Lipovac, Maltman, Pinson, Roberts, Sheppard and Slade
Against: Nil
The outcomes of the Confidential Session of the Ordinary
were read to the meeting by the Group Manager Governance
The meeting closed at 7.17pm.
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………………………………………..
Peta Pinson
Mayor