19 June 2025
Ordinary Council
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:
Acting Chief Executive Officer (Robert Fish)
Director Business and Performance (Keith Hentschke)
Director Community, Planning and Environment (Melissa Watkins)
Acting Director Community Infrastructure (Blayne West)
Acting Director Community Utilities (Cameron Hawkins)
Group Manager Governance (Michael Ferguson)
Governance Officer (Tania Ellis)
The meeting opened at 2.02pm.
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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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That Council accede to the request of Councillor Sheppard to attend the meeting by remote means. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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Captain Peter Gott from the Salvation Army 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 15 May 2025 be confirmed. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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Councillor Lipovac declared a Non-Pecuniary - Less than Significant interest in Item 11.04 Draft Integrated Planning and Reporting Documents - Post Exhibition. The reason being is that both CRUZE FM and Radio 531 are mentioned in the Operational Plan of this agenda as a part of a wide range of media options recently used to run advertisements on behalf of Council. Although Councillor Lipovac is an employee of this business, the campaign expenditure was relatively minor, totalling $660. 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 Tubman declared a Pecuniary interest in Item 13.12 Scoping Proposal - LEP Housekeeping Amendments 2025. The reason being is that Councillor Tubman is in the process of purchasing Rural zoned land and this item includes a proposed amendment to Council’s LEP that relates to secondary dwellings in the rural zone. Councillor Tubman intends to leave the meeting, be out of sight and take no part in consideration of this item. Councillor Hornshaw declared a Non-Pecuniary - Less than Significant interest in Item 13.12 Scoping Proposal - LEP Housekeeping Amendments 2025. The reason being is that Councillor Hornshaw is the owner of, and resides on Rural zoned land. Cr Hornshaw noted that any future changes to the Local Environmental Plan provisions relating to the rural zones impact all owners of rural zoned land. Councillor Hornshaw intends to remain in the meeting, participate and vote in the matter as this perceived conflict will not influence his decision making in the matter. Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in Item 13.13 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 13.14 Friends of Camden Head Lookout (Pilot Station) update. 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. Acting Chief Executive Officer Robert Fish declared a Pecuniary interest in Item 12.01 Hastings River Flood Study Extension. The reason being is that Acting CEO Fish owns a property within the flood Planning area, and flood modelling impacts on the property may vary pending the outcome of the exhibition and adoption of the study. Director Fish intends to leave the meeting during consideration of this item. |
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That Council: 1. Note its thanks, appreciation and contribution of the Port Macquarie-Hastings Council staff who worked tirelessly for our community during the escalation/management of the May 2025 natural disaster flood emergency and the recovery/clean-up operations. 2. Note its thanks, appreciation and contribution of the front line emergency agency responders, in particular the NSW State Emergency Service the combat agency for flooding events, and organisations who worked tirelessly during the May 2025 natural disaster flood event and to those organisations represented at the Emergency Operations Centre, including the NSW Police Force, NSW Ambulance Service, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Marine Rescue, Surf Life Saving MNC Branch, Transport for NSW, NSW Maritime, NSW Reconstruction Authority, Department of Communities and Justice, Mid North Coast Local Health District, NSW Public Works, Essential Energy, Local Land Services, NSW Department of Primary Industries and Regional Development, Birpai Local Aboriginal Land Council, Telecommunications, Busways, the Resupply Planning Team, Kempsey Shire Council and Nambucca Valley Council. 3. Note its thanks and appreciation to our local community for coming together in this latest natural disaster flood event to assist those in need during the emergency and the recovery clean-up. 4. Note its thanks to the NSW Government and Australian Government for their immediate response and support in declaring a Natural Disaster and the subsequent deployment of resources and community support during and after the May 2025 weather event.
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
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09 Items to be Dealt With By Exception |
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Resolved: Roberts/Intemann That Items 10.02, 11.01, 11.02, 11.07, 11.10, 11.12, 11.13, 11.14, 11.15, 11.16, 13.02, 13.03, 13.05, 13.07, 13.09, 13.11 and 13.16 be considered as a block resolution carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil Resolved: Intemann/Edwards 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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10.02 Mayoral Discretionary Fund Allocations - 1 May to 4 June 2025 |
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That Council note the Mayoral Discretionary Fund allocations for the period 1 May to 4 June 2025. |
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That Council note the information contained in the Status of Reports from Council Resolutions report. |
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That Council: 1. Adopt the adjustments in the May 2025 Adjustments section of the Monthly Budget Review – May 2025 report and associated attachment. 2. Amend the 2024-2025 Operational Plan to include all budget adjustments approved in this report. |
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That Council: 1. Pursuant to section 361(3) of the Local Government Act 1993, place on public exhibition the draft Code of Meeting Practice as attached as Attachment 1 for a period of not less than of 28 days. 2. Pursuant to section 361(4) of the Local Government Act 1993, accept submissions on the draft Code of Meeting Practice, for a period of not less than 42 days. 3. Note that a further report will be presented at a future meeting of Council, detailing the submissions received during the exhibition period. 4. Conduct a comprehensive review of its Code of Meeting Practice following the release of the updated Model Code of Meeting Practice by the Office of Local Government. |
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That Council: 1. Endorse the Draft Investment Policy for the purpose of public exhibition. 2. Place the draft Investment Policy on public exhibition for a period of 28 days, in accordance with Council’s Community Engagement Strategy. 3. Receive a further report at the conclusion of the exhibition period, detailing any submissions received and recommending a final Investment Policy for adoption. |
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That Council: 1. Endorse the Draft Pensioner Concession Rebates Policy for the purpose of public exhibition. 2. Place the draft Pensioner Concession Rebates Policy on public exhibition for a period of 28 days, in accordance with Council’s Community Engagement Strategy. 3. Receive a further report at the conclusion of the exhibition period, detailing any submissions received and recommending a final Pensioner Concession Rebates Policy for adoption. |
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That Council: 1. Note the information contained within this report relating to the review of the Community Engagement Policy. 2. Endorse the updated Community Engagement Policy for public exhibition for a period of not less than 28 days. 3. Note that Council will receive a further report at future Ordinary Council meeting outlining community feedback received during the public exhibition period. |
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13.03 Community Engagement Plan - Sports Field User Pay Model. |
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That Council note the information contained in this report. |
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That Council: 1. Note the information contained within this report regarding the review of the Volunteer Policy. 2. Endorse the revised draft Volunteer Policy for public exhibition for a period of not less than 28 days. 3. Note that a further report at a future Ordinary Council meeting outlining community feedback received during the public exhibition period. |
Item 10.02 Mayoral Discretionary Fund Allocations - 1 May to 4 June 2025, has been addressed previously within the meeting.
Item 11.01 Status Of Reports From Council Resolutions, has been addressed previously within the meeting.
Item 11.02 Monthly Budget Review - May 2025, has been addressed previously within the meeting.
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That Council note the Investment and Loans report for May 2025.
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 amendments to the draft Asset Management Plans during the public exhibition period. 2. Note the submission received during the public exhibition period, as contained in the Asset Management Plans Engagement Summary Report June 2025. 3. Thank and advise those who made a submission in relation to the Draft Asset Management Plans of Council’s determination on this matter. 4. Adopt the draft Asset Management Plans.
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 11.07 2023-2024 Dividend for Tax Equivalents - Water Fund and Sewer Fund, has been addressed previously within the meeting.
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That Council in accordance with its Debt Recovery Policy, approve the following Sundry Debtor amounts be written off as bad debts, as they are no longer considered recoverable. 1. Virgin Australia Airlines – $210,498.80. 2. JetGo Australia – $27,253.67
carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Item 11.10 Audit, Risk and Improvement Committee Four-Year Strategic Work Plan and Four-Year Strategic Internal Audit Plan, has been addressed previously within the meeting.
Councillor Maltman left the meeting, the time being 03:43pm.
Councillor Hornshaw left the meeting, the time being 03:44pm.
Councillor Maltman returned to the meeting, the time being 03:45pm.
Councillor Hornshaw returned to the meeting, the time being 03:46pm.
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1. Note the information provided in the report. 2. Endorse the principles and guidelines referenced in the report for the establishment of future committees by Council. 3. Request the Chief Executive Officer to develop a draft Port Macquarie-Hastings Council Establishment and Management of Committees Policy on the basis of the principles and guidelines referenced in the report for the establishment of Council committees for consideration by Council at the August 2025 meeting of Council. carried: 6/3 For: Edwards, Intemann, Lipovac, Roberts, Sheppard and Tubman Against: Hornshaw, Kirkman and Maltman
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Item 11.12 Draft Code of Meeting Practice, has been addressed previously within the meeting.
Item 11.13 Policy Review - Investment Policy, has been addressed previously within the meeting.
Item 11.14 Policy Review - Councillor Expenses and Facilities Policy, has been addressed previously within the meeting.
Item 11.15 Policy Review - Mayoral Discretionary Fund Policy - Post Public Exhibition, has been addressed previously within the meeting.
Item 11.16 Policy Review - Pensioner Concession Rebates Policy, has been addressed previously within the meeting.
Councillor Tubman left the meeting, the time being 03:49pm.
Councillor Tubman returned to the meeting, the time being 03:50pm.
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1. Endorse the draft Community Engagement Strategy (Attachment 1) for the purpose of public exhibition. 2. Endorse the proposed Engagement Plan to support the public exhibition of the draft Strategy as included as Attachment 3 subject to the following: a) The inclusion of an additional key message on "How do you want Council to engage with you?" b) The inclusion of a specific question seeking community views on the use of committees as a means of consulting and collaborating on important planning, policy and strategic matters of Council. c) The preparation and inclusion in the exhibition material, of a Fact Sheet to assist with informing responses to the question identified in b), based on the information contained in Item 11.11 Review of Disbanded Council Committees from the June 2025 Ordinary Council meeting agenda. 3. Place the Community Engagement Strategy on public exhibition for a period of not less than 28 days. carried: 5/4 For: Edwards, Intemann, Lipovac, Sheppard and Tubman Against: Hornshaw, Kirkman, Maltman and Roberts
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Item 13.02 Draft Community Engagement Policy, has been addressed previously within the meeting.
Item 13.03 Community Engagement Plan - Sports Field User Pay Model., has been addressed previously within the meeting.
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That Council endorse the themes outlined in the report to be incorporated into the development of the new Cultural and Community Inclusion plans.
carried: 5/4 For: Edwards, Intemann, Lipovac, Sheppard and Tubman Against: Hornshaw, Kirkman, Maltman and Roberts |
Item 13.05 Policy Review - Development Contributions Assessment Policy - Post Public Exhibition, has been addressed previously within the meeting.
Item 13.07 Policy Review - Volunteering, has been addressed previously within the meeting.
Item 13.09 Policy Review - Beach Driving Policy - Post Public Exhibition, has been addressed previously within the meeting.
Item 13.11 Update on Site Specific Planning Proposal Requests Bi-Annual Report, has been addressed previously within the meeting.
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Councillor Lipovac declared a Non-Pecuniary - Less than Significant interest in this item , 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 remained in the meeting, participated and voted in the matter as this perceived conflict did not influence his decision making in the matter. Motion Moved: Lipovac/Tubman That Council note the update on current activities of the Friends of Camden Head Lookout volunteer group.
Amendment Moved: Intemann/Edwards That Council: 1. Note the update on current activities of the Friends of Camden Head Lookout volunteer group. 2. Report this matter to the July 2025 Ordinary Council meeting, in addition to the regular bi-monthly report. lost: 2/7 For: Edwards and Intemann Against: Hornshaw, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman
The amendment on being put was lost.
Deputy Mayor Edwards left the meeting, the time being 04:49pm.
The motion on being put was carried.
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That Council note the update on current activities of the Friends of Camden Head Lookout volunteer group carried: 5/3 For: Hornshaw, Kirkman, Maltman, Roberts and Tubman Against: Intemann, Lipovac and Sheppard
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Deputy Mayor Edwards returned to the meeting, the time being 04:51pm.
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Motion Moved: Roberts/Maltman That Council: 1. Note the correspondence received from the Local Member for Port Macquarie, Mr Robert Dwyer MP, regarding the Tuffins Lane Sporting Precinct. 2. Continue to engage with Mr Robert Dwyer MP on grant funding opportunities to progress the Environmental Impact Statement required to progress the Tuffins Lane sports fields drainage improvements. 3. Initiate a focussed review on sports fields drainage across the Local Government Area as part of the annual review of the Recreational Open Space Action Plan. Amendment Moved: Sheppard/Roberts
That Council: 1. Note the correspondence received from the Local Member for Port Macquarie, Mr Robert Dwyer MP, regarding the Tuffins Lane Sporting Precinct. 2. After a review conducted by Council’s Legal Counsel, remove the confidential restrictions previously resolved for Item 16.02 Potential Purchase of Land in Tuffins Lane, Port Macquarie at the October 2022 Ordinary Council Meeting, ensuring redaction of any Confidential information in accordance with Section 10A(2) of the Local Government Act 1993. 3. Provide a copy of the reviewed report, being Item 16.02 Potential Purchase of Land in Tuffins Lane, Port Macquarie at the October 2022 Ordinary Council Meeting, to State Members for Port Macquarie and Oxley, Federal Members for Lyne and Cowper and place a copy of the report on Council’s website for public access. 4. Initiate a focussed review of sports fields drainage across the Local Government Area as part of the Annual Review of the Recreational Open Space Action Plan.
Procedural Motion Resolved: Sheppard/Roberts That Council refer this matter to the confidential session of Council noting the confidential nature of a report that will be the subject of a motion/amendment moved with respect to this item. carried: 8/1 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman Against: Maltman
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Item 13.16 Recommended Items from the May 2025 Meeting of the Port Macquarie-Hastings Sporting Fund, has been addressed previously within the meeting.
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1. That pursuant to section 10A subsections 2 & 3 and 10B of the Local Government Act 1993 (as amended), the press and public be excluded from the proceedings of the Confidential Session of Council on the basis that items to be considered are of a confidential nature. 2. That Council move into Closed Session to receive and consider the following items: Item 16.01 Land Acquisition - 84 Bain Street Wauchope This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Item 16.02 Review into the Effectiveness of the Audit, Risk and Improvement Committee This item is classed CONFIDENTIAL under Section 10A(2)(d(iii)) of the Local Government Act 1993, which permits the Meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed, reveal a trade secret. 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, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil Resolved: Edwards/Roberts
That the Council meeting be closed to the public for the consideration of confidential items for the reason as listed in the reports. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Councillor Tubman left the meeting, the time being 05:04pm.
Councillor Maltman left the meeting, the time being 05:04pm.
Councillor Kirkman left the meeting, the time being 05:04pm.
Procedural Motion
Resolved: Roberts/Lipovac
That the Ordinary Council Meeting be adjourned.
carried: 6/0
For: Edwards, Hornshaw, Intemann, Lipovac, Roberts and Sheppard
Against: Nil
The meeting adjourned at 5.05pm
The meeting recommenced at 5.10pm
Councillor Tubman returned to the meeting, the time being 05:10pm.
Councillor Maltman returned to the meeting, the time being 05:10pm.
Councillor Kirkman returned to the meeting, the time being 05:10pm.
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Moved: Roberts/Maltman That Council: 1. Note the correspondence received from the Local Member for Port Macquarie, Mr Robert Dwyer MP, regarding the Tuffins Lane Sporting Precinct. 2. Continue to engage with Mr Robert Dwyer MP on grant funding opportunities to progress the Environmental Impact Statement required to progress the Tuffins Lane sports fields drainage improvements. 3. Initiate a focussed review on sports fields drainage across the Local Government Area as part of the annual review of the Recreational Open Space Action Plan. Amendment Moved: Sheppard/Roberts
That Council: 1. Note the correspondence received from the Local Member for Port Macquarie, Mr Robert Dwyer MP, regarding the Tuffins Lane Sporting Precinct. 2. After a review conducted by Council’s Legal Counsel, remove the confidential restrictions previously resolved for Item 16.02 Potential Purchase of Land in Tuffins Lane, Port Macquarie at the October 2022 Ordinary Council Meeting, ensuring redaction of any Confidential information in accordance with Section 10A(2) of the Local Government Act 1993. 3. Provide a copy of the reviewed report, being Item 16.02 Potential Purchase of Land in Tuffins Lane, Port Macquarie at the October 2022 Ordinary Council Meeting, to State Members for Port Macquarie and Oxley, Federal Members for Lyne and Cowper and place a copy of the report on Council’s website for public access, prior to any further advocacy for funding in relation to Tuffins Lane. 4. Initiate a focussed review of sports fields drainage across the Local Government Area as part of the Annual Review of the Recreational Open Space Action Plan. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil The amendment on being put was carried.
The amendment became the motion.
The motion on being put was carried. |
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That Council: 1. Note the correspondence received from the Local Member for Port Macquarie, Mr Robert Dwyer MP, regarding the Tuffins Lane Sporting Precinct. 2. After a review conducted by Council’s Legal Counsel, remove the confidential restrictions previously resolved for Item 16.02 Potential Purchase of Land in Tuffins Lane, Port Macquarie at the October 2022 Ordinary Council Meeting, ensuring redaction of any Confidential information in accordance with Section 10A(2) of the Local Government Act 1993. 3. Provide a copy of the reviewed report, being Item 16.02 Potential Purchase of Land in Tuffins Lane, Port Macquarie at the October 2022 Ordinary Council Meeting, to State Members for Port Macquarie and Oxley, Federal Members for Lyne and Cowper and place a copy of the report on Council’s website for public access, prior to any further advocacy for funding in relation to Tuffins Lane. 4. Initiate a focussed review of sports fields drainage across the Local Government Area as part of the Annual Review of the Recreational Open Space Action Plan. 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 contained within this report, which provides details on the acquisition and settlement of the land. 2. Pursuant to section 59 of the Land Acquisition (Just Terms Compensation) Act 1991, pay the property owners conveyancing costs. 3. Pursuant to section 10 of the Roads Act 1993, dedicate the land as identified in this report as public road. carried: 9/0 For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman Against: Nil |
Resolved: Lipovac/Intemann
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 5.35pm. |
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Adam Roberts
Mayor