Minutes of the Ordinary Council Meeting to be held at the

Minutes of the Ordinary Council Meeting to be held at the Yalawanyi Ganya Council Chambers, with participation via weblink provided to Councillors 22 September 2021 at 2.00pm

Adrian Panuccio General Manager

TABLE OF CONTENTS ACKNOWLEDGEMENT OF TRADITIONAL CUSTODIANS ................................................................ 2

PRAYER .................................................................................................................................................. 2

MEDIA COVERAGE ............................................................................................................................... 2

SPECIAL ACTIVITY ............................................................................................................................... 2

PETITION ................................................................................................................................................ 2

APOLOGIES OR APPLICATIONS FOR LEAVE OF ABSENCE .......................................................... 3

CONFIRMATION OF MINUTES ............................................................................................................. 3

DISCLOSURES OF INTERESTS ........................................................................................................... 3

CONSIDERATION OF OFFICERS’ REPORTS: .................................................................................... 4

GENERAL MANAGER ........................................................................................................................... 4 1. ELECTION OF MAYOR ............................................................................................................................ 4 2. ELECTION OF DEPUTY MAYOR ............................................................................................................. 5

NOTICE OF MOTION ............................................................................................................................. 6 NOTICE OF MOTION 1 – CR K BELL.................................................................................................................. 6 NOTICE OF MOTION 2 – CR P EPOV ................................................................................................................ 7

CONSIDERATION OF OFFICERS’ REPORTS: .................................................................................... 8

GENERAL MANAGER ........................................................................................................................... 8 3. MATTERS OUTSTANDING ...................................................................................................................... 8

DIRECTOR LIVEABLE COMMUNITIES ................................................................................................ 8 4. DEVELOPMENT APPLICATION 468/2020 – 1 POINT ROAD TUNCURRY – DEMOLITION OF

EXISTING DWELLING AND ERECTION OF A NEW DWELLING WITH ROOFTOP DECK .................... 8 5. DRAFT AGEING STRATEGY ................................................................................................................... 9 6. 2021 STORM & FLOOD DAMAGE – COMMUNITY ASSETS .................................................................. 9 7. PARRY’S COVE BIODIVERSITY PLANNING AGREEMENT ................................................................. 10 8. STATUS UPDATE – PLANNING AGREEMENT – SANDERLING AVENUE, HAWKS NEST ................ 11 9. MANNING RIVER ESTUARY COASTAL MANAGEMENT PROGRAM (CMP) COMMUNITY

REFERENCE MEETING NOTES ............................................................................................................ 11 10. DEVELOPMENT DETERMINATIONS MADE UNDER DELEGATED AUTHORITY – AUGUST 2021 ... 12 11. MATTERS CURRENTLY BEFORE THE LAND AND ENVIRONMENT COURT .................................... 12

DIRECTOR INFRASTRUCTURE AND ENGINEERING SERVICES .................................................. 13 12. MONTHLY CAPITAL WORKS PROJECT STATUS REPORT ................................................................ 13 13. WATER AND WASTEWATER MONTHLY PERFORMANCE REPORT ................................................. 14 14. WATER USAGE, WATER RESOURCES AND THE OUTLOOK AHEAD ............................................... 14 15. ADOPTION OF GLOUCESTER FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN .................. 15 16. ADOPTION OF PORT STEPHENS FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN ............. 15

DIRECTOR CORPORATE SERVICES ................................................................................................ 16 17. ATTENDANCE AT THE LOCAL GOVERNMENT NSW ANNUAL CONFERENCE ................................ 16 18. APPROVAL OF EXPENDITURE 2020-2021 BUDGET ITEMS REVOTED/CARRIED FORWARD INTO

2021/2022 ............................................................................................................................................... 16 19. INVESTMENTS REPORT – AUGUST 2021 ........................................................................................... 17 20. 2021-2022 MONTHLY BUDGET VARIATION REPORT – AUGUST 2021 ............................................. 17

CLOSED COUNCIL .............................................................................................................................. 18 21. MANAGEMENT OF TEA GARDENS SWIMMING POOL ....................................................................... 18 22. TENDER FOR DESIGN AND CONSTRUCTION OF TUNCURRY WATER PLAYGROUND ................. 19 23. PROPOSED SALE OF LANDLOCKED PARCEL – LOT 15 OF CLARKSON STREET, NABIAC........... 19

MATTERS OF URGENT BUSINESS ................................................................................................... 20

ORDINARY Meeting of MIDCOAST COUNCIL held 22 SEPTEMBER 2021 Page 1

Minutes of the Ordinary Meeting of the MidCoast Council held at the Yalawanyi Ganya Council Chambers, 2 Biripi Way, Taree South on 22 September 2021 commencing at 2:00pm. Present: Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts IN ATTENDANCE General Manager – Adrian Panuccio Director Corporate Services – Steve Embry Director Liveable Communities – Paul De Szell Director Infrastructure & Engineering Services – Robert Scott Minute Taker - Corporate Support Officer – Lyn Hickey Minute Taker – Corporate Support Officer – Kristy Burns Staff – Coordinator Governance – Kathy Duggan Staff – Governance Manager – Rob Griffiths Staff – Manager Engagement Communication & Education - Marcelle Boyling Staff – Senior Technical Delivery Officer – Peter Cottam The following document is the Minutes of the Ordinary meeting held on 22 September 2021. These Minutes are subject to confirmation as to their accuracy at the next available meeting and therefore subject to change. Please refer to the Minutes of the next available Ordinary meeting. Welcome everyone. My name is David West and I am the Mayor of MidCoast Council. Council will be observing current requirements relating to Social Distancing and Hygiene, particularly for those Councillors, Staff and public attending Yalawanyi Ganya Council Chambers. The OLG have also advised that: Any Councillor physically attending this meeting is required to wear a face mask. It is permissible under the Public Health Order for councillors and staff to remove their masks for the purposes of addressing the meeting but must wear masks at all other times. I note that Cr Fowler has supplied a medical certificate which allows him to attend this meeting without wearing a mask on medical grounds and that this complies with the Public Health Order. Members of the public will be able to attend the meeting in person or view the meeting through a weblink accessed via Council’s website. The meeting is being livestreamed and/or recorded for on-demand viewing via council’s website and a person’s image and/or voice may be broadcast. Attendance at the meeting is to be taken as consent by a person to their image and/or voice being webcast. All speakers should refrain from making any defamatory comments or releasing any personal information about themselves or another individual without their consent.


Council accepts no liability for any damage that may result from defamatory comments made by persons attending meetings – all liability will rest with the individual who made the comments. The meeting must not be recorded, distributed or circulated by others without the prior written consent of the council in accordance with the council’s code of meeting practice.

ACKNOWLEDGEMENT OF TRADITIONAL CUSTODIANS

The Mayor read aloud the following statement: I acknowledge the traditional custodians of the land on which we meet today, the Gathang-speaking people and pay my respects to all Aboriginal and Torres Strait Islander people who now reside in the MidCoast Council area. I extend my respect to elders past and present, and to all future cultural-knowledge holders.

PRAYER

The Mayor read the Local Government prayer.

MEDIA COVERAGE

NBN News has requested permission to film a portion of the meeting at the commencement.

276/2021 RESOLUTION (Moved Cr D West/Seconded Cr T Fowler) That NBN News be granted permission to film a portion of today’s meeting. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

SPECIAL ACTIVITY

Nil

PETITION

I advise that a petition relating to Notice of Motion 2 has been tabled at the Ordinary Meeting 22 September 2021. This is a petition that was missed being tabled at the time it was received (March 2020) due to an administrative oversight. The petition was referred to in Mr Nawal Maharaj’s Submission to the 9 September 2020 Ordinary Council Meeting in response to Councillor Bell’s Notice of Motion 2. Mr Maharaj has recently written to Council to advise that the petition was not tabled. Council has written to Mr Maharaj apologising for the oversight and advising him that the petition will be tabled at the Ordinary Meeting 22 September 2021.


APOLOGIES OR APPLICATIONS FOR LEAVE OF ABSENCE

Nil

CONFIRMATION OF MINUTES

277/2021 RESOLUTION (Moved Cr D West/Seconded Cr K Hutchinson) That the Minutes of the Ordinary Meeting of 25 August 2021, copies of which were distributed to Councillors, be taken as read and confirmed as a true record of proceedings. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

DISCLOSURES OF INTERESTS

Councillor/Staff Member

Item and Subject Nature of Interest

Cr K Hutchinson

Item 7 – Parry’s Cove Biodiversity Planning Agreement

Non Pecuniary Significant Interest, the nature of the interest being I am on the JRPP Panel that is dealing with this item. Cr Hutchinson elected to leave the meeting and take no part in discussions or voting. .

Cr T Fowler

Item Item 7 – Parry’s Cove Biodiversity Planning Agreement

Non Pecuniary Significant Interest, the nature of the interest being I am on the JRPP Panel that is dealing with this item. Cr Fowler elected to leave the meeting and take no part in discussions or voting.

278/2021 RESOLUTION (Moved Cr D West/Seconded Cr T Fowler) That Item 1 – Election of Mayor and Item 2 – Election of Deputy Mayor be brought forward on the agenda to be considered by Council, in accordance with clause 8.2 of Council’s adopted Code of Meeting Practice. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil The Mayor vacated the chair for the conduct of the Election of the Mayor.


CONSIDERATION OF OFFICERS’ REPORTS:

GENERAL MANAGER

1. ELECTION OF MAYOR Report Author Rob Griffiths, Manager Governance File No. / ECM Index Councillors – Election of Mayor Date of Meeting 22 September 2021 Authorising Director Adrian Panuccio, General Manager RECOMMENDATION 1. That nomination for the position of Mayor be accepted.

2. That in the event of there being more than one nominee, Council determine by resolution,

the method by which the election be conducted being: preferential ballot, ordinary ballot or open voting noting that open voting is the only possible method unless all Councillors are physically present in the Council Chamber.

3. That the Returning Officer conduct the election for the position of Mayor. 4. That in accordance with Section 230(1) of the Local Government Act 1993, the Mayor

elected by the Councillors will hold office until the NSW Local Government Elections are held (at this stage - 4 December 2021) or a two-year term whichever is the sooner.

The General Manager, as Returning Officer, advised that two (2) nominations had been received for the position of Mayor as follows:

• Cr D West • Cr P Epov

279/2021 RESOLUTION

(Moved Cr L Roberts/Seconded Cr T Fowler)

1. That nominations for the position of Mayor be accepted.

2. That the election is conducted by a show of hands (open voting) voting.

3. That the Returning Officer (General Manager) conduct the election for the position of Mayor.

4. That in accordance with Section 230(1) of the Local Government Act 1993, the Mayor

elected by the Councillors will hold office until the NSW Local Government Elections are held (at this stage - 4 December 2021) or a two-year term whichever is the sooner.

FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil


The votes were recorded as follows:

That Councillor Cr D West be elected as Mayor

FOR VOTE – Cr L Roberts, Cr T Fowler, Cr D West, Cr K Hutchinson, Cr C Pontin,

That Councillor Cr P Epov be elected at Mayor FOR VOTE – Cr K Bell & Cr P Epov

Cr K Smith abstained. Upon conclusion of open voting, it was declared that Councillor David West was elected as Mayor until the NSW Local Government Elections are held (at this stage - 4 December 2021) or a two-year term whichever is the sooner. The Mayor returned to the Chair and thanked Councillors for their support.

2. ELECTION OF DEPUTY MAYOR Report Author Rob Griffiths, Manager Governance File No. / ECM Index Councillors – Election of Mayor and Deputy Mayor Date of Meeting 22 September 2021 Authorising Director Adrian Panuccio, General Manager RECOMMENDATION 1. That the term of office for the Deputy Mayor will be until the NSW Local Government Elections

are held (at this stage - 4 December 2021) or a one-year term whichever is the sooner.

2. That nominations for the position of Deputy Mayor be accepted.

3. That in the event of there being more than one nominee, Council determine by resolution, the method by which the election be conducted being: preferential ballot, ordinary ballot or open voting noting that open voting is the only possible method unless all Councillors are physically present in the Council Chamber.

4. That the Returning Officer conduct the election for the position of Deputy Mayor in accordance

with the Mayoral Election Procedures.

5. That when acting in the role of Mayor for a period of seven (7) consecutive days or more, the Deputy Mayor be paid a fee being a pro-rata amount equivalent to the Mayoral fee. The Deputy Mayor fee will be deducted from the Mayoral fee.

The General Manager, as Returning Officer, advised that one (1) nomination had been received for the position of Deputy Mayor as follows:

• Cr C Pontin


1. That the term of office for the Deputy Mayor will be until the NSW Local Government Elections are held (at this stage - 4 December 2021) or a one-year term whichever is the sooner.

2. That nominations for the position of Deputy Mayor be accepted.

3. That the election is conducted by a show of hands (open voting) voting.

4. That the Returning Officer conduct the election for the position of Deputy Mayor in accordance with the Mayoral Election Procedures.

5. That when acting in the role of Mayor for a period of seven (7) consecutive days or more, the

Deputy Mayor be paid a fee being a pro-rata amount equivalent to the Mayoral fee. The Deputy Mayor fee will be deducted from the Mayoral fee.

That Councillor C Pontin be elected as Deputy Mayor.

It was declared that Councillor C Pontin was elected as Deputy Mayor until the NSW Local Government Elections are held (at this stage - 4 December 2021) or a one-year term whichever is the sooner.

NOTICE OF MOTION

NOTICE OF MOTION 1 – CR K BELL Report Author Cr Kathryn Bell File No. / ECM Index Notices of Motion Date of Meeting 22 September 2021 SUMMARY OF REPORT Cr Bell has given notice of her intention to move the motion as detailed below. NOTICE OF MOTION (Moved Cr K Bell/Seconded Cr P Epov) That 1. Council notes a recent amendment to the NSW Local Government Act 1993, being the

new section 218CC, which provides that, within ten years of the constitution of a new area, an amalgamated council for that area may submit a written business case to the Minister “setting out a proposal for the de-amalgamation of the new area, whether by reconstituting the former areas or constituting different areas”.

2. Council notes, separate to any specific reference to amalgamations, councils already

had, and continue to have, a separate option to propose alteration of boundaries to the Minister.

3. The General Manager prepare a report for Council’s November meeting which

canvasses the desirability and utility of a review of our local government area both in terms of the section 218CC provision and the other, older, provisions relating to boundary alteration, and, as a corollary to this, the report discusses best options for public consultation about this.


FOR VOTE - Cr K Bell, Cr P Epov, AGAINST VOTE - Cr D West, Cr K Smith, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr L Roberts ABSENT. DID NOT VOTE – Nil The Motion was Lost

NOTICE OF MOTION 2 – CR P EPOV Report Author Cr Peter Epov File No. / ECM Index Notices of Motion Date of Meeting 22 September 2021 SUMMARY OF REPORT Cr Epov has given notice of his intention to move the motion as detailed below. NOTICE OF MOTION (Moved Cr P Epov/Seconded Cr K Bell)

1. MidCoast Council recognises that the ratepayers and residents of this Local Government Area are entitled to determine the method of election for the position of Mayor.

2. Council directs the General Manager to immediately advise the NSW Electoral

Commission of its intention to conduct a constitutional referendum of Ratepayers and Residents to determine the method of election of the Mayor at the Local Government Elections currently scheduled for 4 December 2021.

3. That the referendum question should be in words to the effect (after consultation with the

NSWEC): “Should the MidCoast Council Mayor be elected by the public or by the elected Council?”

4. Any costs associated with this referendum should be drawn from funds that have been

set aside for the local government elections, and should those be insufficient then they be drawn from either Surplus Merger Funds or the General Fund Account.

Cr T Fowler left the meeting at 3.15pm Cr T Fowler returned to the meeting at 3.18pm

FOR VOTE - Cr K Smith, Cr K Bell, Cr P Epov, AGAINST VOTE - Cr D West, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr L Roberts ABSENT. DID NOT VOTE – Nil The Motion was lost.


CONSIDERATION OF OFFICERS’ REPORTS:

GENERAL MANAGER

3. MATTERS OUTSTANDING Report Author Adrian Panuccio, General Manager File No. / ECM Index Governance/Council Meetings Date of Meeting 22 September 2021 RECOMMENDATION That the report and Attachment A be noted.

280/2021 RESOLUTION (Moved Cr C Pontin/Seconded Cr K Hutchinson) That the above recommendation be adopted.

FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil DIRECTOR LIVEABLE COMMUNITIES

4. DEVELOPMENT APPLICATION 468/2020 – 1 POINT ROAD TUNCURRY – DEMOLITION OF EXISTING DWELLING AND ERECTION OF A NEW DWELLING WITH ROOFTOP DECK

Report Author James Duval – Building Surveyor File No. / ECM Index DA468/2020 Date of Meeting 22 September 2021 Authorising Director Paul De Szell – Director Liveable Communities RECOMMENDATION That Development Application 468/2020 for the demolition of an existing dwelling and the construction of a 2-storey dwelling with an upper deck area on Lot 2, DP 361424, No.1 Point Rd, Tuncurry be approved subject to the conditions contained in Annexure A to this report.


281/2021 RESOLUTION

(Moved Cr C Pontin/Seconded Cr K Smith) That the above recommendation be adopted.

FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Cr K Hutchinson ABSENT. DID NOT VOTE - Nil

5. DRAFT AGEING STRATEGY Report Author Calypso Watson - Community Development Officer Date of Meeting 22 September 2021 Authorising Director Paul De Szell - Director Liveable Communities RECOMMENDATION That the Draft Ageing Strategy be placed on public exhibition for a minimum of 28 business days.

282/2021 RESOLUTION (Moved Cr L Roberts/Seconded Cr T Fowler) That the above recommendation be adopted.


6. 2021 STORM & FLOOD DAMAGE – COMMUNITY ASSETS Report Author Michael Cross - Coordinator Building Operations, Depots & Trade

Services Date of Meeting 22 September 2021 Authorising Director Paul De Szell – Director Liveable Communities RECOMMENDATION That Council note the information provided within the report.


283/2021 RESOLUTION

(Moved Cr K Bell/Seconded Cr K Hutchinson) 1. That Council note the information provided within the report 2. That an updated report come back to Council in six months.


7. PARRY’S COVE BIODIVERSITY PLANNING AGREEMENT Report Author Bruce Moore - Coordinator Major Assessments File No. / ECM Index DA-171/2020 Date of Meeting 22 September 2021 Authorising Director Paul De Szell - Director Liveable Communities Having previously declared a Non Pecuniary Interest, Cr K Hutchinson and Cr T Fowler left the meeting at 3.32pm RECOMMENDATION 1. That the draft Planning Agreement between MidCoast Council and Sheargold Property

Developments Pty Ltd, as contained in Attachment A, be exhibited for a period of 28 days in accordance with the Environmental Planning and Assessment Regulation 2000.

2. If any objections are received during the exhibition period, that the draft Planning Agreement

be reported back to Council for consideration. 3. If no objections are received to the draft Planning Agreement during the exhibition period,

that the draft Planning Agreement be executed as exhibited and registered on the properties affected.

4. That the General Manager be delegated the function of authorising the Planning Agreement.

284/2021 RESOLUTION (Moved Cr C Pontin/Seconded Cr K Smith) That this matter be deferred at the request of the applicant.

FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE Cr K Hutchinson, Cr T Fowler Cr K Hutchinson & Cr T Fowler returned to the meeting at 3.33 pm


8. STATUS UPDATE – PLANNING AGREEMENT – SANDERLING AVENUE, HAWKS NEST

Report Author Richard Pamplin - Principal Land Use Planner File No. / ECM Index PA 25/02 Date of Meeting 22 September 2021 Authorising Director Paul De Szell - Director Liveable Communities RECOMMENDATION That Council note that the Sanderling Avenue Hawks Nest Planning Agreement obligation to make a monetary contribution to Council has been met and that staff will now be seeking the associated Local Environmental Plan Amendment to be made.

285/2021 RESOLUTION (Moved Cr L Roberts/Seconded Cr T Fowler) That the above recommendation be adopted.

FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr L Roberts AGAINST VOTE – Cr P Epov ABSENT. DID NOT VOTE - Nil

9. MANNING RIVER ESTUARY COASTAL MANAGEMENT PROGRAM (CMP) COMMUNITY REFERENCE MEETING NOTES

Report Author Louise Duff - Catchment Coordinator Date of Meeting 22 September 2021 Authorising Director Paul De Szell - Director Liveable Communities RECOMMENDATION That the Manning River Estuary CMP Community Reference Group meeting notes provided in Annexure A be noted.

286/2021 RESOLUTION (Moved Cr K Smith/Seconded Cr L Roberts) That the above recommendation be adopted.



10. DEVELOPMENT DETERMINATIONS MADE UNDER DELEGATED AUTHORITY – AUGUST 2021

Report Author Paul De Szell - Director Liveable Communities

Date of Meeting 22 September 2021

Authorising Director Paul De Szell - Director Liveable Communities RECOMMENDATION That the information be noted.

287/2021 RESOLUTION (Moved Cr T Fowler/Seconded Cr K Hutchinson) That the above recommendation be adopted.


11. MATTERS CURRENTLY BEFORE THE LAND AND ENVIRONMENT COURT Report Author Michelle Jobson – Executive Assistant Liveable Communities Date of Meeting 22 September 2021 Authorising Director Paul De Szell - Director Liveable Communities RECOMMENDATION It is recommended that the information be noted.

288/2021 RESOLUTION (Moved Cr K Hutchinson/Seconded Cr L Roberts) That the above recommendation be adopted.



DIRECTOR INFRASTRUCTURE AND ENGINEERING SERVICES

12. MONTHLY CAPITAL WORKS PROJECT STATUS REPORT Report Author Lorna Barber, Project Officer – Water Project Delivery Greg Blaze, Coordinator Project Delivery - Transport Date of Meeting 22 September 2021 Authorising Director Robert Scott, Director Infrastructure & Engineering Services RECOMMENDATION That the Monthly Project Status Report are received and the gateway reports are endorsed. Cr K Smith left the meeting at 3.45pm Cr K Smith returned to the meeting at 3.46pm

289/2021 RESOLUTION (Moved Cr K Hutchinson /Seconded Cr L Roberts) 1. That the Monthly Project Status Report be received and the gateway reports are endorsed. 2. That a workshop be held to discuss this matter and a report be brought back to Council

regarding ratepayers contribution towards kerb and gutter and footpath construction. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

290/2021 RESOLUTION (Moved Cr L Roberts/Seconded Cr K Hutchinson) That Council resolve items 13, 14, 15 and 16 on the agenda by exception in accordance with Clause 13 of Council’s Code of Meeting Practice. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

291/2021 RESOLUTION (Moved Cr L Roberts/Seconded Cr K Hutchinson) That Council adopt the recommendation as printed in the Business Paper for items 13, 14, 15 and 16 and amend the order of business in accordance with Clause 13 of Council’s Code of Meeting Practice. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil


13. WATER AND WASTEWATER MONTHLY PERFORMANCE REPORT Report Author Robert Scott, Director Infrastructure & Engineering Services Date of Meeting 22 September 2021 Authorising Director Robert Scott, Director Infrastructure & Engineering Services RECOMMENDATION That the Water and Wastewater Monthly Performance Report for August 2021 be received and noted.

292/2021 RESOLUTION (Moved Cr L Roberts/Seconded Cr K Hutchinson) That the above recommendation be adopted.


14. WATER USAGE, WATER RESOURCES AND THE OUTLOOK AHEAD Report Author Chenxi Zeng, Manager Water Management & Treatment Date of Meeting 22 September 2021 Authorising Director Robert Scott, Director Infrastructure and Engineering Services RECOMMENDATION That the report on water usage, water resources and the outlook for September to December 2021 be received and noted.




15. ADOPTION OF GLOUCESTER FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN Report Author Evan Vale, Team Leader Coastal, Flooding and Drainage File No. / ECM Index Flood Studies, Floodplain Management - Grants Date of Meeting 22 September 2021 Authorising Director Robert Scott, Director Infrastructure and Engineering Services RECOMMENDATION It is recommended that Council: 1. Adopt the Gloucester Floodplain Risk Management Study and Plan, including the underpinning

2015 Gloucester Flood Study.

2. Note the administrative adjustment of the Gloucester Development Control Plan 2010 to include the definition of the designated flood event (DFE) within Section 4.10 Floodplain Management Guidelines - 2.0 Definitions.

294/2021 RESOLUTION

(Moved Cr L Roberts/Seconded Cr K Hutchinson) That the above recommendation be adopted.


16. ADOPTION OF PORT STEPHENS FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN

Report Author Evan Vale, Team Leader Coastal, Flooding and Drainage File No. / ECM Index Flood Studies, Floodplain Management - Grants Date of Meeting 22 September 2021 Authorising Director Robert Scott, Director Infrastructure and Engineering Services RECOMMENDATION It is recommended that Council adopt the Port Stephens Floodplain Risk Management Study and Plan.




DIRECTOR CORPORATE SERVICES

17. ATTENDANCE AT THE LOCAL GOVERNMENT NSW ANNUAL CONFERENCE Report Author Kathy Duggan, Governance Coordinator File No. / ECM Index Conferences and Seminars - LGNSW Date of Meeting 22 September 2021 Authorising Director Steve Embry, Director Corporate Services RECOMMENDATION 1. That Council appoints the Mayor as a voting delegate and determines the three (3) other voting

delegates for the conference. 2. That the Mayor and Councillors be approved to attend the Local Government NSW Annual

Conference in an online format. 3. That a further report be submitted to Council post the NSW Local Government Elections to

determine voting delegates and any proposed motions for the Special Conference to be held 28 February to 2 March 2022.

296/2021 RESOLUTION

(Moved Cr K Hutchinson/Seconded Cr C Pontin)

1. That Council appoints the Mayor as a voting delegate and Councillors C Pontin, K Hutchinson and K Smith as other voting delegates for the conference.

2. That the Mayor and Councillors be approved to attend the Local Government NSW Annual

Conference in an online format. 3. That a further report be submitted to Council post the NSW Local Government Elections to

determine voting delegates and any proposed motions for the Special Conference to be held 28 February to 2 March 2022.


18. APPROVAL OF EXPENDITURE 2020-2021 BUDGET ITEMS REVOTED/CARRIED FORWARD INTO 2021/2022

Report Author Phil Brennan, Manager Finance File No. / ECM Index Financial Management – Compliance - S0108-00275 Standards & Statutory Requirements Date of Meeting 22 September 2021 Authorising Director Steve Embry, Director Corporate Services


RECOMMENDATION That the amounts set out in Attachment A and identified as ‘Revote Amount to 2021-22’ and ‘Carry Forward to 2021-22’ together with the identified funding sources be included within the 2021-2022 budget in accordance with Clause 211 of the Local Government (General) Regulation 2005.

Cr K Hutchinson the meeting at 4.03pm Cr K Hutchinson returned to the meeting at 4.04pm

297/2021 RESOLUTION (Moved Cr C Pontin/Seconded Cr L Roberts) 1. That the above recommendation be adopted. 2. That for future reports the Carry Overs and Revotes be clearly shown as separate

categories. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

19. INVESTMENTS REPORT – AUGUST 2021 Report Author Phil Brennan, Manager Finance File No. / ECM Index Investments - Monthly Reports Date of Meeting 22 September 2021 Authorising Director Steve Embry, Director Corporate Services RECOMMENDATION That the report be received and noted.

298/2021 RESOLUTION (Moved Cr C Pontin/Seconded Cr K Smith) That the above recommendation be adopted. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

20. 2021-2022 MONTHLY BUDGET VARIATION REPORT – AUGUST 2021 Report Author Phil Brennan, Manager Finance File No. / ECM Index Financial Management – Compliance - S0108-00275 Standards &

Statutory Requirements Date of Meeting 22 September 2021 Authorising Director Steve Embry, Director Corporate Services


RECOMMENDATION That the monthly budget variation report for August 2021 be noted and the budget variations proposed, including transfers to and from reserves be approved.

299/2021 RESOLUTION (Moved Cr L Roberts/Seconded Cr C Pontin) That the above recommendation be adopted. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

CLOSED COUNCIL

21. MANAGEMENT OF TEA GARDENS SWIMMING POOL Report Author Daniel Aldridge - Executive Manager Community Spaces Date of Meeting 22 September 2021 Authorising Director Paul De Szell - Director Liveable Communities REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) Commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied

300/2021 RESOLUTION (Moved Cr L Roberts/Seconded Cr T Fowler) That Council: 1. Allow the General Manager or his delegate to enter into an agreement with the YMCA,

providing management and operation services inclusive of lifeguard duties at Tea Gardens Swimming Pool for the 2021/2022 swim season.

2. At the conclusion of the fee amendment public notification period, subject to no negative

comments being received - the proposed fees relating to the operation of Tea Gardens pool in Table 1 of this report be adopted for the remainder of the 2021/2022 financial year.

FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE – Nil


22. TENDER FOR DESIGN AND CONSTRUCTION OF TUNCURRY WATER PLAYGROUND Report Author Liam Bulley - Recreation Officer Date of Meeting 22 September 2021 Authorising Director Paul De Szell - Director Liveable Communities REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) Commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it.

301/2021 RESOLUTION (Moved Cr T Fowler/Seconded Cr C Pontin) That Council: 1. In accordance with clause 178 (1)(b) of the Local Government (General) Regulation 2005

decline to accept any tenders on the basis that none of the tenders address the project scope in a sufficient matter.

2. Allow the General Manager or his delegate to enter into negotiation with the two preferred tenderers on behalf of Council, in accordance with clause 178 (3)(e) of the Local Government (General) Regulation 2005 with a view to entering into a contract with the supplier who demonstrates that they can complete the project within the available budget and provide Council with the best value for money.

FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE – Nil

23. PROPOSED SALE OF LANDLOCKED PARCEL – LOT 15 OF CLARKSON STREET, NABIAC

Report Author David Guest, Acting Manager Legal and Property Services Date of Meeting 22 September 2021 Authorising Director Steve Embry, Director Corporate Services REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.


302/2021 RESOLUTION

(Moved Cr C Pontin/Seconded Cr K Hutchinson) 1. That Council enter into a contract for the sale of unused vacant land in Nabiac, being Lot 15

DP 1059974, for consideration as detailed in the Report, and the General Manager be authorised to execute all documents necessary to effect the sale.

2. That the proceeds of the sale be allocated to Council’s property reserve. FOR VOTE - Cr D West, Cr K Smith, Cr K Bell, Cr K Hutchinson, Cr T Fowler, Cr C Pontin, Cr P Epov, Cr L Roberts AGAINST VOTE - Nil ABSENT. DID NOT VOTE - Nil

MATTERS OF URGENT BUSINESS

Nil

This is the last page of the Minutes of the Ordinary Council meeting of MidCoast Council held on 22 September 2021.

There being no further business, the meeting closed at 4.29pm CHAIRPERSON Mayor David West

Documents

Minutes of the Ordinary Council Meeting to be held at the