Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
Cr Martin Ballangarry OAM (Deputy Mayor) – apology for being late – arrived 5.50 pm during Item 6.1 |
Cr Brian Finlayson |
Cr Susan Jenvey |
Cr David Jones |
Cr Janine Reed |
Cr Anne Smyth |
Cr John Wilson |
|
ALSO PRESENT
Michael Coulter (General Manager) |
Clint Fitzsummons (Acting AGM Engineering Services) |
Lorraine Hemsworth (Minute Secretary) |
|
APOLOGIES
Scott Norman (AGM Corporate Services) |
Paul Gallagher (AGM Engineering Services) |
PRAYER
Pastor Peter Lott of the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Mayor, Councillor Rhonda Hoban declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Hoban lives on a property where horticulture is a potential landuse.
Councillor John Ainsworth declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Ainsworth owns rural land.
Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Reed is a part owner with her husband of a small property in a rural zone.
Councillor Brian Finlayson declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Finlayson owns rural property in the Shire.
Councillor Susan Jenvey declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Jenvey owns a family share on rural land.
Councillor Janine Reed declared a pecuniary interest in Item 10.14 Approved Construction and Complying Development Consents under the Local Government Act as Cr Reed is an elected Director and Chairman of Nambucca Valley Care Ltd. Cr Reed left the meeting for this item.
Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 27.2 Request to Write Off Outstanding Rates and Charges under the Local Government Act as Cr Reed has a close working relationship with Directors of the Organisation.
CONFIRMATION OF MINUTES - Ordinary Council Meeting
ITEM 5.1 SF2303 261017 Notice of Motion - Request for Leave - Cr Janine Reed |
525/17 RESOLVED: (Reed/Wilson)
That Cr Reed be granted leave from 15 to 17 November 2017 inclusive. |
DELEGATION
RECOMMENDATION:
That the following delegation be heard:
Charlie Higgins on behalf of Nambucca Area Macadamia Growers Association – Notice of Rescission – Item 9.3 SF2381 Quorum for Planning Proposal to Regulate Horticulture – ITEM 6.1 – Notes provided on file. |
Notice of Rescission
SF2381 261017 Planning Proposal to Regulate Horticulture |
527/17 RESOLVED: (Ainsworth/Reed)
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 (NLEP 2010) which:
· Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, and relocates it to ‘permitted with consent’.
2 That a report come back to council on a revision of the DCP to incorporate appropriate standards for Horticulture in the R5 zone.
3 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; and the recently announced proposal by the NSW Department of Planning and Environment to implement “a package of reforms to update and improve the planning framework for primary production and rural development” which includes a new SEPP, changes to Ministerial Planning Directions under section 117 of the Environmental Planning and Assessment (EP&A) Act 1979 and a revision of definitions and clauses in the Standard Instrument LEP.
4 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.
5 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.
6 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 motion: Councillors Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson (Total 8)
Against the motion: Councillor Ballangarry (Total 1)
Cr Ballangarry requested his vote be recorded against the resolution as he does not support the use of chemicals. |
RECOMMENDATION:
That the following delegations be heard:
i Graham Jones and Peter Gill – Jones Park, Valla Beach – Complaints concerning Actions by Council Staff - ITEM 10.1 (Refer Notes on file TRIM PRF5:41242/2017).
ii Gary Cattanach – Jones Park, Valla Beach – Complaints concerning Actions by Council Staff - ITEM 10.1 – (Refer Notes on file TRIM PRF 5: 40874/2017). |
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.
ITEM 10.1 was dealt with earlier in the meeting.
General Manager Report
529/17 RESOLVED: (Finlayson/Ainsworth)
That the list of outstanding actions and reports be noted and received for information by Council. |
That Council adopt the list of Advisory Committees as shown in the report with the exception of the Nambucca Emergency Operations Committee of Management which is to be disbanded noting that the Nambucca Bush Fire Management Committee no longer exists as at the 26 October 2017. |
Councillor Janine Reed left the meeting before the commencement of this item, the time being 8.15 PM
Councillor Janine Reed returned to the meeting at the completion of this item, the time being 8.17 PM
Assistant General Manager Corporate Services Report
ITEM 11.2 SF2368 261017 Investment Report to 30 September 2017 |
545/17 RESOLVED: (Ainsworth/Wilson)
That the Accountants’ Report on Investments placed to 30 September 2017 be noted. |
Assistant General Manager Engineering Services Report
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM 13.2 SF848 261017 Request to Write off Outstanding Rates & Charges
It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.
CLOSED MEETING
The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.28 pm.
552/17 RESOLVED: (Ainsworth/Reed)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.36 pm |
FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
CLOSURE
There being no further business the Mayor then closed the meeting the time being 8.37 pm.
Confirmed and signed by the Mayor on 16 November 2017.
Cr Rhonda Hoban
MAYOR
(CHAIRPERSON)