Minutes of Ordinary Council Meeting

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Susan Jenvey	Cr David Jones
Cr Janine Reed	Cr Anne Smyth

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Lorraine Hemsworth (Minute Secretary)

APOLOGIES

Cr John Wilson

CITIZENSHIP CEREMONY

Ms Yu-Wei Pan received her Australian Citizenship bestowed on her by the Mayor, Rhonda Hoban on behalf of the Minister for Immigration and Boarder Protection, the Hon Peter Dutton MP

DISCLOSURE OF INTEREST

Mayor, Councillor Rhonda Hoban declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Hoban lives on a property with a rural zoning.

Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Reed is a part owner of land in rural area/zone.

Councillor John Ainsworth declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Ainsworth owns rural land in the Shire.

Councillor Susan Jenvey declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Jenvey owns a family share in a 43 ha farm in RU1 zone. She has 10ha of land under intensive horticulture. All her plantings are well within rural buffer zones and could still plant more and be within rural buffer zones. Cr Jenvey has not used chemical sprays for 4 or 5 years. Cr Jenvey has no intentions of increasing the plantings as she has and prefers off farm income.

Councillor Brian Finlayson declared a pecuniary interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Finlayson and his partner have entered into arrangements for the lease of jointly owned property for the purpose of blueberry production. Cr Finlayson left the meeting for this item.

Councillor Brian Finlayson declared a pecuniary interest in Item 9.9 Short Term Holiday Lettings under the Local Government Act as Cr Finlayson and his partner own and are acquiring rental properties in Nambucca Heads. Cr Finlayson left the meeting for this item.

Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 9.11 Results of Re-exhibition of proposed Tree Species for the Macksville Town Centre Revitalisation under the Local Government Act as Cr Reed’s sister has been involved in this process.

CONFIRMATION OF MINUTES - Ordinary Council Meeting

SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 September 2017

500/17 Resolved: (Reed/Finlayson)

That the minutes of the Ordinary Council Meeting of 28 September 2017 be confirmed.

PUBLIC FORUM AND DELEGATIONS

RECOMMENDATION:

That the following delegations be heard:

i Peter Gill and Graham Jones - Council management of Jones Park, Valla Beach

ii Stephen McEvoy on behalf of Arakoon Homes (Builders) Pty Ltd – ITEM 9.10 DA2016/010 Review of Section 64 and 94 Development Contributions – not in attendance.

iii Stephen Spear ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Against the recommendation.

iv Gurmesh Singh on behalf of Australian Blueberry Growers Association ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Against the recommendation.

v Geoff Goesch ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – For the recommendation.

vi Marc Percival - ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – For the recommendation.

PUBLIC FORUM

Mr Peter Gill and Mr Graham Jones addressed Council on the management of Jones Park, Valla Beach and provided a written copy of their notes to Council (TRIM 39069/2017).

PRF5 121017 Jones Park Valla Beach

501/17 Resolved: (Jones/Ballangarry)

That a report on Jones Park, Valla Beach be received by Council and an onsite Council inspection be arranged.

Councillor Brian Finlayson left the meeting before the commencement of this item, the time being 5:59 PM

DELEGATIONS continued:

ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Stephen Spear - Against the recommendation.

Submission provided to Council.

ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Gurmesh Singh on behalf of Australian Blueberry Growers Association – Against the recommendation. Copy of letter provided to Council (TRIM 39146/2017).

ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Geoff Goesch – For the recommendation.

· R5 – Rural Village estate and able to be subdivided

· If blueberry farm started buffer zone not enough for spray drift

· Requirement for Development Application

· Lots of chemicals used on blueberries

· R5 designed for subdivision

ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Marc Percival – For the recommendation.

· Land values – concerned about affect on land values

· Places for the blueberry and farms in the Valley

· People purchase rural land and then later feel threatened by agriculture

· LEP needs to be involved

· Community unity involved in a common consensus for management of farms

· Round Up has been banned in some overseas countries but still used in Australia

· Need for management and costings

· Pesticide use is regulated

SF2381 121017 Bring Forward Quorum for Planning Proposal to Regulate Horticulture

502/17 Resolved: (Ainsworth/Reed)

That Item 9.3 Quorum for Planning Proposal to Regulate Horticulture be brought forward.

ITEM 9.3 SF2381 121017 Quorum for Planning Proposal to Regulate Horticulture

MOTION: (Reed/Ainsworth)

That the Quorum for Planning Proposal to Regulate Horticulture be deferred until a full Council is present.

The Motion was Lost.

MOTION: (Jones/Jenvey)

1 Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which:

· Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones and relocates it to ‘permitted with consent’.

· Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting the following clause:

Horticulture

(1) Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones.

(2) Must be separated from other land uses in accordance with the following rural buffer zones:

(a) Dwellings (except those on the land where the horticulture is to be undertaken) in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m;

(b) Dwellings in other residential or business zones – 300m;

(d) Tourist and Visitor Accommodation – 200m.

(3) The provisions of subclause 2 do not apply to horticulture developments which do not spray pesticides.

(4) Ancillary buildings must comply with the exempt development requirements and standards contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(5) Ancillary bird netting can be of any area providing the netting colour is black.

2 That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

3 Following the community consultation period, the planning proposal is to be reported back to Council for consideration of any submissions received and a final decision as to whether Council will proceed with the proposal.

For the Motion: Councillors Ballangarry, Jenvey, Jones, Smyth

(Total 4 )

Against the Motion: Councillors Hoban, Ainsworth, Reed

(Total 3)

Amendment: (Ainsworth/Reed)

· Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential and relocates it to ‘permitted with consent’.

· Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting the following clause:

Horticulture

A Must be separated from other land uses in accordance with the following rural buffer zones:

(i) Boundaries with other R5 zoned land - 200m;

(ii) Boundaries in other residential or business zones – 300m;

(iii) Boundaries Education facilities and Pre-schools – 200m; and

(iv) Boundaries Tourist and Visitor Accommodation – 200m.

B Ancillary buildings must comply with the exempt development requirements and standards contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

C Ancillary bird netting can be of any area providing the netting colour is black.

2 That as requested by the NSW Department of Primary Industries (DPI) Council not amend the NLEP in relation to Horticulture in the RU1 and RU2 zones in light of the Blueberry Code of Conduct currently being developed by the Blueberry Interagency Working Group and the Australian Blueberry Growers Association (AGBA) with the support of DPI to address rural land use conflict.

3 That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

4 That if the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with section 57 of the Environmental Planning and Assessment Act 1979 and any requirements specified by the Minister.

5 Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal to support an amendment to NLEP 2010.

For the amendment: Councillors Ainsworth, Reed, Hoban

(Total 3 )

Against the amendment: Councillors Jones, Ballangarry, Jenvey, Smyth

(Total 4)

The amendment was lost.

503/17 Resolved: (Jones/Jenvey)

· Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting the following clause:

Horticulture

(6) Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones.

(7) Must be separated from other land uses in accordance with the following rural buffer zones:

(e) Dwellings (except those on the land where the horticulture is to be undertaken) in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m;

(f) Dwellings in other residential or business zones – 300m;

(g) Education facilities and Pre-schools – 200m; and

(h) Tourist and Visitor Accommodation – 200m.

(8) The provisions of subclause 2 do not apply to horticulture developments which do not spray pesticides.

(9) Ancillary buildings must comply with the exempt development requirements and standards contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(10) Ancillary bird netting can be of any area providing the netting colour is black.

2 That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

For the Motion: Councillors Ballangarry, Jenvey, Jones, Smyth

(Total 4 )

Against the Motion: Councillors Hoban, Ainsworth, Reed

(Total 3)

Cr Hoban, Cr Ainsworth and Cr Reed requested that their votes be recorded against the resolution as they don’t support requiring a development consent for primary production when it is an objective of the RU1 and RU2 zones.

Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 7:17 PM

ASKING OF QUESTIONS WITH NOTICE

There were no questions with notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no questions for Closed Meeting where due notice has been received.

General Manager Report

ITEM 9.1 SF959 121017 Outstanding Actions and Reports

504/17 RESOLVED: (Ainsworth/Reed)

That the list of outstanding actions and reports be noted and received for information by Council.

ITEM 9.2 SF830 121017 Election of Deputy Mayor 2017-2018

505/17 RESOLVED: (Jones/Reed)

1 That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

2 That nominations be invited and received by the General Manager as returning Officer for the election of Deputy Mayor.

3 That the election of Deputy Mayor proceeds.

506/17 Resolved: (Reed/Ainsworth)

4 That following the election, the Mayor declares Cr Martin Ballangarry OAM elected as Deputy Mayor for the term of office expiring in September 2018.

5 That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.

ITEM 9.3 was dealt with earlier in the meeting.

ITEM 9.4 SF842 121017 Council Advisory Committees

507/17 RESOLVED: (Reed/Jones)

That the list of Advisory Committees as shown in the report as at the 12 October 2017 be deferred and be brought back to Council.

ITEM 9.5 SF842 121017 Committees of Management - Facilities and Events

508/17 RESOLVED: (Reed/Smyth)

That Council note the roster with variations for attendance at the Annual General Meetings for Section 355 Committees with Cr Reed as delegate for Taylors Arm and Cr Jones delegate for Utungun; that the Crosswinds Nature Reserve be removed from the list; there be a call for Expressions of Interest for a Section 355 for the Macksville Senior Citizens Hall; Cr Wilson be delegate for Coronation Park.

ITEM 9.6 SF88 121017 Resignations - Purchase of Gifts Policy

509/17 RESOLVED: (Ainsworth/Reed)

That Council adopt the Resignations – Purchase of Gifts Policy as per the second attachment to this report.

ITEM 9.7 SF2329 121017 Main Streets Revitalisation Post Bypass

510/17 RESOLVED: (Smyth/Ainsworth)

That Council further consider funding a Business Centres revitalisation under the NSW Government’s $1.3 billion Regional Growth Fund.

ITEM 9.8 SF2154 121017 Engagement of Public Works Advisory to Undertake Concept Designs for Bulk Water Supply (Trunk Mains and Reservoirs) and Sewerage for the Valla Growth Area plus Water to Scotts Head and Sewer Modelling for Macksville

511/17 RESOLVED: (Reed/Jones)

That Council proceed with the attached proposal from Public Works Advisory for water and sewerage modelling.

Councillor Brian Finlayson left the meeting before the commencement of this item, the time being 7:59 PM

ITEM 9.9 SF669 121017 Short Term Holiday Letting in NSW Options Paper

Motion: (Jones/Ainsworth)

That Council lodge the draft submission contained within attachment 1 to the NSW Department of Planning and Environment in response to the Short-term Holiday Letting options paper.

Amendment (Reed/Smyth)

That Council lodge the draft submission contained within attachment 1 to the NSW Department of Planning and Environment in response to the Short-term Holiday Letting options paper with the alteration of point (3) and point (4) as follows:

(3) A maximum of 2 adults per main bedroom or a maximum of two adults or four children in subsequent bedrooms subject to adequate fit out. Only those rooms approved as bedrooms are to be used for the purposes of this subclause.

(4) Point (4) be deleted.

For the amendment: Councillors Hoban, Ainsworth, Ballangarry, Jenvey, Jones, Reed, Smyth

(Total 7)

Against the amendment: Councillors Nil

(Total 0)

Amendment was carried and became the motion which was:

512/17 Resolved: (Reed/Smyth)

(4) Point (4) be deleted.

For the motion: Councillors Hoban, Ainsworth, Ballangarry, Jenvey, Jones, Reed, Smyth

(Total 7)

Against the motion: Councillors Nil

(Total 0)

Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 8.06 pm.

8.06 pm – 8.35 pm - The meeting adjourned.

ITEM 9.10 DA2016/010 121017 Review of Section 64 and 94 Development Contributions

513/17 RESOLVED: (Jones/Smyth)

1 That Council not provide a reduction in developer contributions for development consent DA2016/010.

2 That Council issue a separate engagement to Public Works Advisory to review Section 64 developer contributions as part of the current review of the Integrated Water Cycle Management Strategy and related financial plans and give consideration to abandoning the “grandfathering” arrangement for consents pre 2012 if a reasonable reduction in contributions can be achieved.

For the motion: Councillors Hoban, Ainsworth, Ballangarry, Finlayson, Jones, Jenvey, Reed, Smyth

(Total 8)

Against the motion: Councillors Nil

(Total 0)

Councillor Janine Reed left the meeting before the commencement of this item, the time being 8:36 PM

ITEM 9.11 SF1855 121017 Results of Re-exhibition of proposed Tree Species for the Macksville Town Centre Revitalisation

514/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council endorse the use of the following species as addendum to the Macksville Town Centre revitalisation and for use as focal point tree species in the Macksville Town Centre:

· Tibouchina (Alstonville or Jazzy); and

· Magnolia Little Gem

2 That Item 6 Local Conditions a) Macksville of the Guidelines – Trees on Public Land (Our Ref: 25051/2011) be amended to include the Tibouchina (Alstonville or Jazzy); and the Magnolia Little Gem as focal point tree species in the Macksville Town Centre.

Cr Smyth requested her vote be recorded against the motion as she believes that introducing non-natives is not necessary as we have many suitable native species from which to choose contained in Council’s adopted “Guidelines - Trees on Public Land”.

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 8:48 PM

ITEM 9.12 SF1496 121017 Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 21 September 2017

515/17 RESOLVED: (Ainsworth/Finlayson)

That Council adopt the minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee held on the Thursday 21 September 2017.

ITEM 9.13 DA2017/196 121017 Development Application DA2017/196 - Additions to dwelling (covered deck), additions to secondary dwelling (covered deck), use of carport and bedroom

516/17 RESOLVED: (Finlayson/Ainsworth)

That Council determines Development Application A2017/196 by granting development consent subject to the recommended conditions within Attachment 1.

For the motion: Councillors Hoban, Ainsworth, Ballangarry, Finlayson, Jones, Jenvey, Reed, Smyth

(Total 8)

Against the motion: Councillors Nil

(Total 0)

ITEM 9.14 SF2293 121017 Development Applications greater than 12 months or where submissions received - to 3 October 2017

517/17 RESOLVED: (Finlayson/Ainsworth)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 3 October 2017 be noted by Council.

General Manager Report - LATE

ITEM 9.15 SF45 121017 Local Government NSW Annual Conference

518/17 RESOLVED: (Jones/Ainsworth)

Councillors advise the General Manager by Thursday 19 October 2017 if they wish to attend the Local Government NSW Annual Conference being held in Sydney from Monday 4 December to Wednesday 6 December 2017.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2226 121017 Amended Debt Recovery Policy

519/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council adopt the Draft Debt Recovery Policy (TRIM 31183/2017).

2 That the Policy Register and website be updated accordingly.

ITEM 10.2 SF1031 121017 Documents for Public Comment

520/17 RESOLVED: (Finlayson/Ainsworth)

That as a matter of procedure any future report to Council regarding a policy document include a specific recommendation relating to exhibition for public consultation and that the recommendation be based upon probable public interest and any statutory requirement.

ITEM 10.3 SF251 121017 Schedule of Council Public Meetings 2017

521/17 RESOLVED: (Ainsworth/Finlayson)

That the schedule of dates for Council meetings in 2017 be noted and received for information by Council.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF1575 121017 Asset Management Plans for Bridges, Water Supply and Sewerage Services

522/17 RESOLVED: (Ainsworth/Reed)

1 That Council receive and note the presentation on the Asset Management Plans for Bridge and bridge size culverts, Water supply and Sewerage services.

2 That Council place the Asset Management Plans for Bridges, Water Supply and Sewerage Services on public exhibition, and receive a further report following the completion of the public exhibition.

ITEM 11.2 T009/2017 121017 Tender T009/2017 Mowing and Slashing Rural Roadsides 2017 - 2020

523/17 RESOLVED: (Finlayson/Ainsworth)

1 That Council accept the tender submitted by Australian Environmental Services Pty Ltd for T009/2017 – Mowing and Slashing of Rural Sealed Roadsides for a three (3) year period commencing 1 October 2017 and terminating on 30 September 2020.

2 That Council update the Contract Register.

3 That Council note the report in Item 12.1 in the Confidential Agenda plus the late information.

For the motion: Councillors Hoban, Ainsworth, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth

(Total 8)

Against the motion: Councillors Nil

(Total 0)

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.06 pm.

Confirmed and signed by the Mayor on 26 October 2017.

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)