MINUTES
Ordinary Council Meeting
20/02/2025
PRESENT
Members:
Mayor Adam Roberts
Councillor Lauren Edwards
Councillor Mark Hornshaw
Councillor Lisa Intemann
Councillor Chris Kirkman
Councillor Nik Lipovac
Councillor Danielle Maltman
Councillor Rachel Sheppard
Councillor Hamish Tubman
Other Attendees:
Chief Executive Officer (Dr Clare Allen)
Director Business and Performance (Keith Hentschke)
Director Community, Planning and Environment (Melissa Watkins)
Acting Director Community Infrastructure (Chris Favaloro)
Director Community Utilities (Robert Fish)
Group Manager Governance (Michael Ferguson)
Legal Counsel (Anthea Gilmore) Part of Meeting via teams
Governance Officer (Tania Ellis)
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The meeting opened at 2.00pm |
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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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Pastor David Pym from the Port Macquarie 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 12 December 2024 be confirmed. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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Councillor Tubman declared a Non-Pecuniary, Less Than Significant interest in Item 10.05 2024-2025 Quarterly Budget Review Statement and Operational Plan Status Report as at December 2024. The reason being that a member of his immediate family is employed by Lewis Land Group who have a financial interest in the Thrumster Sports Field project which is recommended for deferral in this report. 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 10.23 Notice of Motion - Federal Candidates Funding Priorities. The reason being is that Councillor Hornshaw is considering the possibility of nominating as a candidate in the upcoming federal election. 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.
Director Fish declared a Non-Pecuniary - Less than Significant interest in Item 11.02 Petition - Rotary Park Upgrade and Related Traffic Issues. The reason being is that Director Fish owns a property and resides within the precinct that this item refers. Director Fish intends to leave the meeting, be out of sight and take no part in consideration of this item.
Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in Item 13.01 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 Lipovac declared a Non-Pecuniary - Less than Significant interest in Item 13.02 Friends of Camden Head Lookout Volunteer’s Group. The reason being that Jon Bailey who is listed as one of the volunteers seeking endorsement, ran on Councillor Lipovac’s Group Ticket at the Local Government Election September 2024. Councillor Lipovac 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 Sheppard declared a Non-Pecuniary, Significant interest in Item 14.05 Code of Conduct Matter. The reason being is that respondent in this matter made a reportable political donation to a campaign group Councillor Sheppard Lead in the 2024 Local Government Election. Councillor Sheppard intends to leave the meeting and take no part in consideration of this item.
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09 ITEMS TO BE DEALT WITH BY EXCEPTION
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That Items 10.01, 10.06, 10.09, 10.10, 10.12, 10.13, 10.14, 10.15, 10.16, 10.18, 11.01, 11.06, 13.03, 13.05, 13.07, 13.08, 13.12, and 13.13 be considered as a block resolution. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil RESOLVED: Intemann/Roberts
That all recommendations listed in the block resolution be adopted by Council. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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That Council note the Investment and Loans Report for December 2024. |
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That Council note the Investment and Loans Report for January 2025. |
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That Council 1. Note the information in the Legal Fees report. 2. Approve future Legal Fee reports to be provided on a six-monthly basis unless a matter of significance is brought to Council’s attention via a standalone report. 3. Approve the future reporting threshold be increased to matters costing more than $50,000 (ex GST) and that are litigated unless determined by the Legal Department in conjunction with the Executive Leadership Team that it is a matter requiring reporting. 4. Maintain the confidentiality of the documents and consideration in respect of the attachment(s) to this report. |
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That Council note the ongoing work being undertaken to provide additional options for ratepayers to pay rates, including: 1. Reintroducing the option for ratepayers to make payments in person at Australia Post outlets. 2. Exploring and implementing a new digital payment solution incorporating automated payment plans, with future capabilities for other bill types such as water bills. |
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That Council note the contracts awarded under s377 of the Local Government Act 1993 for the period 1 October 2024 to 31 December 2024. |
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10.15 Development Activity and Assessment System Performance |
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That Council note the Development Activity and Assessment System Performance report for the second quarter of 2024-2025. |
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That Council note the Grant Applications Biannual Report, providing an update on grants that Council has applied for and/or obtained, for the six-months of the 2024-2025 financial year. |
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That Council: 1. Endorse the draft Findlay Master Plan for 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. |
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That Council: 1. Pay compensation in the amount of $2,000 (ex GST) to the owner of 1541 Comboyne Road Byabarra, Lots 106, 121 and 122 DP 754453, P A Mumford, for the land acquisition more particularly described in the plan of acquisition as Lots 1, 2 and 3 DP 1311647. 2. Pursuant to Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991, pay the landowner’s property and conveyancing costs. 3. Pursuant to Section 10 of the Roads Act 1993, dedicate Lots 1, 2 and 3 DP 1311647 as public road. |
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That Council: 1. Adopt the draft Wastewater Services Policy for public exhibition for a period of not less than 28 days. 2. Note that a further report will be tabled at the May 2025 Ordinary Council Meeting, detailing the submissions received from the public during the exhibition period. |
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That Council: 1. Adopt the draft Water Supply Services Policy for public exhibition for a period of not less than 28 days. 2. Note that a further report will be tabled at the May 2025 Ordinary Council meeting, detailing the submissions received from the public during the exhibition period. |
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That Council note that the information contained in the draft MR538 and MR600 Corridor Strategy has been used to inform the adopted Integrated Transport Plan. |
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SUSPENSION OF STANDING ORDERS |
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That Standing Orders be suspended to consider Item 10.20 - Notice of Motion - Chief Executive Officer's Performance Review Panel and Item 10.21 - Notice of Motion - Commence Preliminary Discussion of 2025-2026 Chief Executive Office Performance Agreement as confidential items and be moved to the confidential session due to these item being considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as they contain personnel matters concerning particular individuals (other than Councillors). carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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That Council request the Chief Executive Officer to update the Status of Reports from Council Resolutions, for the March 2025 Ordinary Council Meeting, to include expected due dates for reporting on: a. The Walking and Cycling Review b. The NSW Parks and Wildlife Services Land Revocation c. The Draft Port Macquarie-Hastings Local Infrastructure Contributions Plan 2024 d. The Living and Place Strategy e. Draft Recreation and Open Space Action Plan and Sporting Infrastructure Priorities f. Biodiversity and Land Acquisition for offsets update carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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That Council note the Disclosure of Interest returns for the following positions. 1. Elected Member - Councillor 2. Community Infrastructure - Fleet Technical Officer 3. Community Utilities - Senior Project Manager 4. Community Utilities - Waste Manager 5. Community Infrastructure - Senior Project Engineer 6. Community Infrastructure - Group Manager Project Delivery 7. Business and Performance - Revenue Accounting Manager
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
The Chairperson tabled the disclosures of interest return of the Designated Persons listed above.
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10.05 2024-2025 Quarterly Budget Review Statement and Operational Plan Status Report as at 31 December 2024 |
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Councillor Tubman declared a Non-Pecuniary, Less Than Significant interest in Item 10.05. The reason being that a member of his immediate family is employed by Lewis Land Group who have a financial interest in the Thrumster Sports Field project which is recommended for deferral in this report. Councillor Tubman remained in the meeting, participated and voted in the matter as this perceived conflict will not influence his decision making in the matter.
RESOLVED: Sheppard/Roberts
That Council: 1. Note the Quarterly Budget Review Statements as at 31 December 2024. 2. Note the 2024-2025 Operational Plan Second Quarter Status Report as at 31 December 2024. 3. Authorise the deferral of the following Actions/Projects, with the Status of Council approved Action Deferred / Not Progressing - HBR 01 On-site Sewage Management Policy - SDF 01 West Port (Buller Street) Flood mitigation works, Port Macquarie - SPA 03 Amethyst Way Reserve, Port Macquarie - SPA 06 Rainbow Beach Local Park, Lake Cathie/Bonny Hills - SPA 07 Rainbow Beach, Lake Cathie/Bonny Hills - SPA 12 Camden Haven Surf Club Building - SPA 27 Hastings Regional Sporting Complex - SPA 31 Port Macquarie Regional Stadium Upgrades - SPA 36 Thrumster Sports Fields - WAW 02 Thrumster Wastewater Treatment Scheme - WAS 23 Telegraph Point Clearwater Capacity Upgrade - WAS 28 Pumps Renewal and VSD upgrade - Koree Island - WAS 30 Cowarra Dam Pump Station Upgrade carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 10.06 2022-2026 Delivery Program - Six Month Progress Report as at 31 December 2024, has been addressed previously within the meeting.
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That Council: 1. Endorse the draft Budget Development Policy for public exhibition. 2. Request a further report be presented to Council following the public consultation period to consider adoption of the final policy. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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That Council: 1. Adopt the adjustments in the January 2025 Adjustments section of the Monthly Budget Review – January 2025 report and associated Attachment, with the following exceptions: a. Allocate $9230.20 of the greater than budgeted interest on Council investments for the purpose of 2024-2025 Arts Mid North Coast Membership. b. Allocate the remainder of the greater than budgeted interest on investments to the communications business as usual activities. 2. Amend the 2024-2025 Operational Plan to include all budget adjustments approved in clause 1. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 10.09 Investments and Loans - December 2024, has been addressed previously within the meeting.
Item 10.10 Investments and Loans - January 2025, has been addressed previously within the meeting.
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That Council defers consideration of this item until after the scheduled March 2025 briefing. carried: 8/1 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Maltman |
Item 10.12 Legal Fees, has been addressed previously within the meeting.
Item 10.13 Payment Options, has been addressed previously within the meeting.
Item 10.14 Contracts Awarded Under s377 Local Government Act, has been addressed previously within the meeting.
Item 10.15 Development Activity and Assessment System Performance, has been addressed previously within the meeting.
Item 10.16 Policy Review - Conflict of Interest Policy - Council-Related Development Applications, has been addressed previously within the meeting.
Item 10.18 Grant Applications Biannual Report, has been addressed previously within the meeting.
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That Council request the Chief Executive Officer to consider for inclusion in the 2025-2026 Operational Plan the development of a cyclic quarterly report on relevant Grant Funding opportunities, for which the NSW Local Government sector is eligible to apply for, that have become available within the quarter and detail which were, and which were not applied for including the reason/s for either. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 10.20 Notice of Motion - Chief Executive Officer's Performance Review Panel, will be addressed in the confidential session of the meeting.
Item 10.21 Notice of Motion - Commencement of 2025-2026 Chief Executive Officer's Performance Agreement, will be addressed in the confidential session of the meeting.
Councillor Hornshaw left the meeting, the time being 03:06pm.
Councillor Hornshaw returned to the meeting, the time being 03:09pm.
Councillor Maltman left the meeting, the time being 03:13pm.
Councillor Maltman returned to the meeting, the time being 03:15pm.
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That Council: 1. Request the Chief Executive Officer to give consideration to the following desired improvements to Council’s upcoming Integrated Planning & Reporting (IP&R) suite of documents and future reporting. i. Clarity regarding how each line item is funded. For example, if both Reserves and Development Contributions are used to fund an action, the document to specify how much money is being budgeted from each source. ii. Including the whole name of each funding source: e.g. which specific reserve and sub-reserve/s is the funding coming from and which specific developer contributions fund is it coming from. iii. Works program being presented as a document with a 10-year view and contains all details currently provided in the draft works program, plus the capital works program scenarios, changes/carry overs reflected and highlighted within the document as they are decided upon and made available via the Elected Member Portal. iv. Inclusion of a contents page in all draft and final IP&R documents. v. Inclusion of a ‘living’ appendix to the Operational Plan, which lists cumulative changes (movement out and in) and is updated as resolutions are made. vi. Consistency of the Operational Plan format across the delivery program, including: Maintaining the names of service areas for the duration of the delivery program Maintaining composition of service areas for the duration of the delivery program Consistency of Operational Plan references and lay-out of the document. vii. Automatic allocation of a line item for actions/items not delivered in the Operational Plan in the following years Operational Plan with the line item denoted by the original Operational Plan reference. viii. All deferrals proposed in reports stipulating the Operational Plan reference and a date to which the project is to be deferred to. ix. Reporting Progress on Operational Plan line items: Progress be reported both in writing, and also with a visual system that includes the following categories: - Completed - On track - Off-track, with the subcategories: o offtrack but still to be completed in the current Operational Plan, o deferred to next Financial Year o deferred to years 3 or 4 within Delivery Plan o deferred to another year within the Works Program - 5-10 years - Deferred to outside of the Works Program - Not progressing 2. Receive a response to each of the requested considerations as part of the Councillor Briefing to be scheduled prior to finalisation of the draft IP&R suite of documents. 3. Receive the response to each of the requested considerations in clause 1 in the report to the Ordinary Council Meeting which presents the Draft IP&R suite. 4. Request the Chief Executive Officer provide a Councillor Briefing on the future IP&R and other Council reporting enhancements planned for 2025-2026 by August 2025. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 11.01 Draft Findlay Park Master Plan, has been addressed previously within the meeting.
Deputy Mayor Edwards left the meeting, the time being 03:19pm.
Deputy Mayor Edwards returned to the meeting, the time being 03:21pm.
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RESOLVED: Sheppard/Edwards
That the Ordinary Council Meeting be adjourned. carried: 8/1 For: Edwards, Hornshaw, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Intemann
The meeting adjourned at 3.55pm
The meeting recommence at 4.03pm |
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That Council note the Community Inclusion Plan Six-Month Progress Report.
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 11.06 Expression of Interest - Lease 143 Gordon Street (25 Gore Street) Port Macquarie, has been addressed previously within the meeting.
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That Council: 1. Note the results of Council’s 2024 Community Satisfaction Survey 2. Request the Chief Executive Officer to develop an Action Plan for Council’s response to these Community Satisfaction Survey results, including intended communications and how survey outcomes will be considered in future planning and resource allocation, to be presented to the April 2025 Ordinary meeting of Council.
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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That Council: 1. Note the information provided on Council’s potential membership with Arts Mid North Coast. 2. Note that $9,230.20 has been allocated for membership with Arts Mid North Coast for the remainder of the 2024-2025 financial year. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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That Council: 1. Note the information provided in the report. 2. Not adopt the draft Community Engagement Strategy as presented and request a further report be provided to Council in March 2025 to include amendments to the draft Community Engagement Strategy and consider feedback received in respect of the recent public exhibition of the draft Integrated Planning and Reporting (IP&R) Community Engagement Strategy. 3. Seek the following amendments be included and/or addressed in the revised draft Community Engagement Strategy: a. feedback received in respect of the public exhibition of the draft IP&R Community Engagement Strategy b. outline methods that will be used to engage each of the identified stakeholder groups c. explanation of the interface between Council’s engagement and communications roles/activities d. a list of potential engagement activities that may be utilised for each of the identified IAP2 Spectrum Levels. 4. Note that the draft Community Engagement Strategy includes the former provisions of the adopted Community Participation Plan.
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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That the verbal response to be provided to Councillor Lipovac’s Question With Notice regarding Library Book Update be received.
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Deputy Mayor Edwards left the meeting, the time being 04:43pm.
Deputy Mayor Edwards returned to the meeting, the time being 04:45pm.
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That Council: 1. Undertake a review of the Hastings Youth Voice Charter in collaboration with Hastings Youth Voice. 2. That the charter review: a. Consider mechanisms to increase opportunities for Hastings Youth Voice to have input into critical Council planning and decision-making, for example briefing Hastings Youth Voice members on potentially relevant strategies and plans as put to public exhibition. b. Consider mechanisms for Hastings Youth Voice to communicate directly with the governing body, including but not limited to appointment of a Councillor to the Hastings Youth Voice, semi-regular attendance of a Councillor at meetings, or quarterly presentation to Councillors in form preferred by the Hastings Youth Voice. c. Consider maintaining a six-monthly report that permits updates on membership, to be prepared by staff. d. Include requesting feedback from former members. 3. Provide a further report to Council in April 2025 following completion of the review of the Charter. 4. That the report in Clause 3 include the response of Hastings Youth Voice in relation to each of the mechanisms requested for consideration in clause 2a and 2b.
carried: 8/1 For: Edwards, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Hornshaw |
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That Council: 1. Request the Chief Executive Officer give consideration to the inclusion of resourcing in the draft 2025-2026 Operational Plan and budget for implementation and ongoing maintenance of the installation of additional Sharp Disposal Bins in Public Toilets specifically in areas where syringes, needles and lancets are regularly found to have been disposed of incorrectly. 2. Provide communications to the public, should this action be implemented, indicating the location of public toilets that include sharps bins. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 13.03 Land Acquisition - Comboyne Road Byabarra, has been addressed previously within the meeting.
Item 13.05 Planning and Land Use Discussion Paper - Post Exhibition, has been addressed previously within the meeting.
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That Council: 1. Note the information in this report regarding the process of developing the Stormwater Strategic Action Plan public facing document. 2. Endorse the draft Stormwater Strategic Action Plan public facing document to be placed on public exhibition for a period of not less than 28 days. 3. Note that a further report will be provided to Council outlining the submissions received during the exhibition period. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 13.07 Policy Review - Wastewater Services Policy, has been addressed previously within the meeting.
Item 13.08 Policy Review - Water Supply Services Policy Review, has been addressed previously within the meeting.
Item 13.12 Impacts of Acceptance of Kempsey Shire Council Waste at Cairncross Landfill August 2022 - December 2024, has been addressed previously within the meeting.
Item 13.13 MR538 and MR600 Corridor Strategy, has been addressed previously within the meeting.
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13.14 Notice of Motion - Oxley Highway Corridor |
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That Council: 1. Note the Integrated Transport Plan includes actions which seek to enhance public and active transport connection between the Health and Education Precinct and the Port Macquarie CBD to support behavioural change and reduce congestion. 2. Request the Chief Executive Officer to: a) Before the end of February 2025, write to both the Hon. Catherine King MP – Minister Infrastructure, Transport, Regional Development and Local Government and, the Hon. Jenny Aitchison MP, Minister for Regional Transport and Roads, and Transport for NSW at the earliest convenience to express the urgency in progressing project planning to address traffic congestion and: i. Share with both Ministers the Integrated Transport Plan and the Housing Delivery Plan and highlight the fact that the upgrade of the Oxley Highway Corridor between Wrights Road and Lake Road is catalyst infrastructure needed to allow for greater number and diversity of housing supply, reduce traffic congestion and improve liveability here in the Port Macquarie-Hastings. ii. Request via the correspondence with the Hon. Catherine King MP – Minister Infrastructure, Transport, Regional Development and Local Government the Minister to note that the funding previously allocated from the Australian Government for the Stage 2 Planning for the Oxley Highway Wrights Road to Lake Road was revoked as a result of the IIP Review in 2023 and ask that Council might be made aware of funding streams that will soon be available for progressing with critical regional infrastructure projects, such as this, in the upcoming Federal Government budget. iii. Request via the correspondence with the Hon. Jenny Aitchison MP, Minister for Regional Transport and Roads, and Transport for NSW that at a recent meeting with Council it was confirmed that responsibility to source the funding needed to continue with Stage 2 Planning for the Oxley Highway Wrights Road to Lake Road section of the corridor, lies with the NSW State Government and ask that Council might be made aware of funding streams that will soon be available for progressing with critical regional infrastructure projects, such as this, in the upcoming State Government budget. iv. Request via the correspondence with the Hon. Jenny Aitchison MP, Minister for Regional Transport and Roads, and Transport for NSW that a trial commence for a frequent direct express bus service between the Health and Education Precinct and the Port Macquarie CBD to support behavioural change and reduce congestion and additionally, to consider that this trial service be free of charge to passengers. b) Inform Councillors of any response received to these requests.
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Councillor Sheppard left the meeting, the time being 05.53pm.
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RESOLVED: Lipovac /Roberts 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 10.20 Notice of Motion - Chief Executive Officer’s Performance Review Panel 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.: Item 10.21 Notice of Motion - Commence Preliminary Discussion of 2025-2026 Chief Executive Officer’s Performance Agreement 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.: Item 14.01 Update Report - Cairncross Waste Management Facility Leachate Pre-Treatment Temporary System This item is considered confidential under Section 10A(2)(g) of the Local Government Act 1993, as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Item 14.02 Enterprise Resource Planning Platform Cloud Migration and Upgrade 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 2024.058 Supply and Delivery of Ready-Mix Concrete 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 Notice of Motion - Possible NRL Trial Game February 2026 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, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts and Tubman Against: Nil RESOLVED: Lipovac/Hornshaw
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, Maltman, Roberts and Tubman Against: Nil
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Councillor Intemann left the meeting, the time being 05.52pm.
Councillor Maltman left the meeting, the time being 05.53pm
PROCEDURAL MOTION
RESOLVED: Hornshaw/Roberts
That the Ordinary Council Meeting be adjourned.
carried: 5/1
For: Edwards, Hornshaw, Kirkman, Roberts, and Tubman
Against: Lipovac
The meeting adjourned at 5.53pm
The meeting recommend at 6.00pm
Councillor Sheppard returned to the meeting, the time being 06.00pm.
Councillor Intemann returned to the meeting, the time being 06:00pm.
Councillor Maltman returned to the meeting, the time being 06:00pm.
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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 2024.058 Supply and Delivery of Ready-Mix Concrete, 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 a tender for 2024.058 Supply and Delivery of Ready-Mix Concrete 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 2024.058 Supply and Delivery of Ready-Mix Concrete. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Extension of Time
RESOLVED: Edwards/Lipovac
That, as per Clause 18.2 of the adopted Code of Meeting Practice, Council extend the finish time of this meeting to 8.30pm.
carried: 9/0
For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman
Against: Nil
All staff with the exception of Council’s Legal Counsel left the meeting, the time being 7.45pm.
Councillor Intemann returned to the meeting, the time being 8.14pm
Staff returned to the meeting the time being 8.17pm.
RESOLVED: Sheppard/Hornshaw
That the Council Meeting be re-opened to the public.
carried: 9/0
For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, 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.
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The meeting closed at 8.28pm. |
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Adam Roberts
Mayor