Ordinary Meeting
Minutes
26 FEBRUARY 2015
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
26 February 2015
COMMENCING AT 9.02AM
AND CONCLUDING AT 4.35PM
I2015/94
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Cubis (arrived 9.55am), Cr D Dey,
Cr A Hunter, Cr S Ibrahim, Cr P Spooner, Cr R Wanchap and Cr D Woods
Staff: Ken
Gainger (General Manager)
Mark
Arnold (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Mila
Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated
information, a Public Access Session was held and Council was addressed on the
following:
9.1 Zone
B1 Planning Proposal
Morgan
addressed Council against the recommendation.
9.2 Byron
Bay STP – State of Effluent
Morgan and Tony Flick addressed Council in favour of the
recommendation.
9.3 Two
Lanes In-bound Shirley Street and direct access Lawson Street north car park
Byron Bay Resolution 15-021 Ordinary Meeting 5 February 2015
Phillip
Frazer, Morgan and Warren Simmons addressed Council in favour of the rescission
motion.
13.1 Results
of Park and Ride, SEPA and Butler Street Reserve 2014/15
Tim Eischler addressed Council regarding this report.
13.2 Review
of Outstanding Council Resolutions
Peter Wegner
addressed Council against the recommendation.
13.15 PLANNING
DA 10.2014.593.1 Multi dwelling housing (14 dwellings) 51-53 Rajah Road, Ocean
Shores
Tina Petroff, Ocean Shores Tidy Town Committee, addressed
Council regarding this report.
Helen Graveson, Ocean Shores Community Centre, and a
representative from the Ocean Shores Community Association, addressed Council
against the recommendation.
Submission
No. 1 Apex Park Byron Bay – including the toilets
Morgan made a submission to Council regarding the toilets at
Apex Park and their effect on the view.
Submission
No. 2 Core Values and Tourism
Ruth Winton-Brown and Suzie Rosedale made a submission to
Council regarding the number of tourists and day trippers into Byron Bay and
its effect on local amenity.
Submission
No. 3 Planning for Byron Bay
Catherine Coorey, Byron Residents’ Group made a submission
to Council regarding planning of West Byron and requesting Council to advocate
on behalf of the town.
Submission
No. 4 Community Consultation
Donald Maughan and Lissa Coote made a submission to Council
regarding the Council’s commitment to community consultation on planning
matters.
Submission
No. 5 Master Plan
Robyn Winter-Blick and Paul Davies made a submission to
Council regarding Council’s Master Plan, specifically a traffic
management plan, infrastructure and ad-hoc solutions to traffic problems.
The meeting adjourned at 10.15am and reconvened at 10.30am.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a pecuniary interest in Report 13.5. The
nature of the interest being that he is an employee of the Byron Community
Centre which manages Soul Street and First Sun in partnership with Council. Cr Spooner will leave the chambers, not participate
in the debate and not vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
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15-036
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Resolved that
the minutes of the following meetings be confirmed:
· Byron
Shire Reserve Trust Committee Meeting held 5 February 2015
· Ordinary
Meeting held 5 February 2015 (Woods/Richardson)
The motion
was put to the vote and declared carried.
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Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
General Manager
Report No. 13.1 Results
of Park and Ride, SEPA and Butler Street Reserve 2014/15
Corporate and Community Services
Report No. 13.2 Review
of Outstanding Council Resolutions
Report No. 13.3 Mullumbimby
Golf Club - Assistance with Rates
Report No. 13.4 Operational
Plan Review 2014/15 as at December 2014
Report No. 13.5 New
Years Eve 2014 outcomes and recommendations
Report No. 13.7 Vacancy
on Public Art Assessment Panel
Sustainable Environment and Economy
Report No. 13.11 Review of
Section 64 Charges
Report No. 13.12 PLANNING -
State Environmental Planning Policy No. 1 - Variations to development standards
- 1 October to 31 December 2014
Report No. 13.13 Vegetation
mapping review
Report No. 13.15 PLANNING
DA 10.2014.593.1 Multi dwelling housing (14 dwellings)
51-53 Rajah Road, Ocean Shores
Report No. 13.16 Coastal Zone
Management Plan Byron Bay Embayment
Infrastructure Services
Report No. 13.17 Steam Weeding
Trial
Reports of Committees
Infrastructure Services
Report No. 14.1 Report
of the Local Traffic Committee Meeting held on 6 February 2015
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Woods
and seconded by Cr Richardson. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 15-037 and concluding with
Resolution No. 15-043.
Staff ReportS – corporate and
community services
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Report No. 13.6 Affix
the Council Seal
File No: I2015/32
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15-037
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Resolved that Council’s Seal be affixed to the
lease between Byron Shire Council and Golden Breed Corporation Pty Ltd, for
10 Lawson Street Byron Bay, (Folio Identifier B/372589 - PR 42820) in
accordance with clause 400 of the Local Government (General) Regulation 2005.
(Woods/Richardson)
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Report No. 13.8 Investments
- January 2015
File No: I2015/38
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15-038
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Resolved that the
report listing Council’s investments and overall cash position as at 31
January 2015 be noted. (Woods/Richardson)
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Report No. 13.9 Budget
Review - 1 October 2014 to 31 December 2014
File No: I2015/41
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15-039
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Resolved:
1. That
Council authorise the itemised budget variations as shown in Attachment 2
(#E2015/8370) which includes the following results in the 31 December 2014
Quarterly Review of the 2014/2015 Budget:
a) General
Fund - $0 adjustment in the accumulated surplus
b) Water
Fund - $1,562,900 increase in reserves
c) Sewerage
Fund - $656,100 increase in reserves
2. That
That Council adopt the revised General Fund Accumulated Surplus/(Working
Funds) surplus of $1,956,550 for the 2014/2015 financial year as at 31
December 2014.
(Woods/Richardson)
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Report No. 13.10 Council
Resolutions Review October to December 2014
File No: I2015/43
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15-040
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Resolved:
1. That
Council receive and note the information provided in this report on
outstanding Council resolutions.
2. That
Council note the completed resolutions in Attachment 2 (#E2015/8738).
(Woods/Richardson)
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Staff Report – SUSTAINABLE
ENVIRONMENT AND ECONOMY
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Report No. 13.14 Report
of the Planning Review Committee Meeting held on 3 February, 2015
File No: I2015/42
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15-041
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Resolved that the
report be noted. (Woods/Richardson)
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Staff Report – ORGANISATION
DEVELOPMENT
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Report No. 13.18 Renaming
the Byron Regional Sport and Cultural Complex
File No: I2015/47
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15-042
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Resolved:
1. That
Council notes the minutes of Communications Committee Meeting held on 6 June
and that no name was selected from the Community Competition to rename the
Byron Regional Sport and Cultural Complex.
2. That
the Byron Regional Sport and Cultural Complex be renamed the ‘Cavanbah
Sports Centre’ and that the name is placed on public exhibition for 28
days.
3. If
no objections are received on the proposed new name, that ‘Cavanbah
Sports Centre’ be adopted.
4. That
under delegation the General Manager organise a small thank you gift to the
five community members who suggested the word ‘Cavanbah’ be used
for the new name of the Byron Regional Sport and Cultural Complex. (Woods/Richardson)
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CONFIDENTIAL Report – INFRASTRUCTURE
SERVICES
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Report No. 16.1 Confidential - Tender 2014-0032
– Design and Construction of Landslip Repairs at Upper Wilsons Creek
File No: I2015/57
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15-043
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Resolved:
1. That
Council award Tender 2014-0032 –Design and Construction of Landslip
Repair Works at Upper Wilsons Creek to Warner Company for
$1,272,040.00 including GST.
2. That Council makes public its decision, including the name and
amount of the successful tenderer, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005. (Woods/Richardson)
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Procedural
Motion
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15-044
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Resolved that Council change the order of business to deal
with Reports 9.2, 9.3, 13.2, 13.15 next on the Agenda. (Richardson/Woods)
The motion was put to the vote and declared carried.
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Notices
of Motion and Rescission
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Notice of Motion No. 9.2 Byron Bay
STP - State of Effluent
File No: I2015/58
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15-045
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Resolved that Council:
1. Negotiate with affected rural
landowners to form an Agreement on jointly managing the stream of effluent
emanating from Byron Bay Sewage Treatment Plant and its wetland system and
crossing their properties on the Belongil floodplain;
2. Review via the Water, Waste and
Sewer Advisory Committee, the monitoring system for that effluent
flow-path;
3. Receive a preliminary report on
current fates of effluent from the STP and from the wetland system;
4. Receive a preliminary report on
options for alternative routes for the wetland effluent;
5. Receive a report on the status
of the Trust that operates or operated the Union Drain;
6. Receive these reports and a
report on the Agreement no later than May 2015. (Dey/Hunter)
The motion was put to the vote and declared carried.
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Notice of Rescission Motion No. 9.3 Two
Lanes In-bound Shirley Street and direct access Lawson Street north car park
Byron Bay Res 15-021 Ordinary Meeting 5 February 2015
File No: I2015/49
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Moved: That Council rescind Resolution
No. 15-021 from its Ordinary meeting held on 5 February 2015 which reads as
follows:
15-021 Resolved that:
1. Council provide a continuous second in bound
lane commencing 50 metres north of the Shirley/Butler Street roundabout in
Byron Bay through to the Lawson/Jonson Street roundabout;
2. The purpose is to improve operation and movement at
and between the aforementioned roundabouts and is to
maintain the existing lane
configuration west of the Jonson/Lawson Street intersection which includes a
dedicated left-turn lane and a combined through and right lane; and
3. The $206,000 within s94 reserved for Byron Bay traffic
management be made available for this project including the completion of
detailed design and cost estimates, obtainment of approvals and construction.
4. This resolution be reported to the next Local Traffic
Committee meeting for their advice and comment. Where staff consider
such advice and comment to be significant in regards to safety, the matter be
returned to Council for further consideration.
5. Where practical and appropriate this project be designed
and delivered with consideration of the Byron Bay town centre bypass. (Wanchap/Woods)
(Dey/Spooner)
The motion was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted
against the motion.
PROCEDURAL MOTION
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15-046
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Resolved that
Cr Ibrahim be granted a two minute extension to his speech. (Richardson/Dey)
The motion was put to the vote and declared carried.
MOTION
OF DISSENT
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15-047
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Resolved that Cr Richardson breached the rules of the
chamber. (Cubis)
The motion was put to the vote and declared carried.
Crs Dey, Cameron,
Richardson and Spooner voted against the motion.
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Staff
Report - General Manager
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Report No. 13.2 Review
of Outstanding Council Resolutions
File No: I2014/22
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15-048
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Resolved:
1. That
Council receive and note the information provided in this report on
outstanding Council resolutions.
2. That
no further action be taken in respect of the following Council resolutions
and that the resolutions be closed:
Resolution No. 09-1125
Resolution No. 11-219
Resolution No. 11-548
Resolution No. 12-25
Resolution No. 12-29
Resolution No. 12-265
Resolution No. 12-324
Resolution No. 12-511
Resolution No. 12-779
Resolution No. 14-230 (Woods/Cubis)
The motion was put to the vote and declared carried.
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Staff Report – SUSTAINABLE
ENVIRONMENT AND ECONOMY
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Report No. 13.15 PLANNING
DA 10.2014.593.1 Multi dwelling housing (14 dwellings) 51-53 Rajah
Road, Ocean Shores
File No: I2015/46
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15-049
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Resolved that pursuant to Section 80 of the Environmental
Planning & Assessment Act 1979, development application no. 10.2014.593.1 for Multi Dwelling Housing [fourteen (14)
dwellings], be granted consent subject to the following conditions listed in
Attachment 1. (Spooner/Dey)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Richardson, Cameron,
Wanchap, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
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NOTICE OF MOTION
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Notice of Motion No. 9.1 Zone B1
Planning Proposal
File No: I2015/54
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15-050
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Resolved:
1. That Council
reviews permitted land uses in B1 Neighbourhood Centre zones
(including Suffolk Park) in the Byron LEP 2014 to include
'recreational facilities (indoor)', and any other additional uses considered
appropriate.
2. That any proposed amendments be
included in the next 'housekeeping' Planning Proposal adjustments to the
Byron 2014 LEP. (Ibrahim/Woods)
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AMENDMENT
Moved:
1. That Council
reviews permitted land uses in B1 Neighbourhood Centre zones
(including Suffolk Park) in the Byron LEP 2014 and considers
including 'recreational facilities (indoor)', and any other additional
uses considered appropriate.
2. That any proposed amendments be
included in the next 'housekeeping' Planning Proposal adjustments to the
Byron 2014 LEP. (Dey/Richardson)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted
against the motion.
The motion was put to the vote and declared carried.
Crs Dey, Richardson, Cameron and Spooner voted against
the motion.
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Petitions
1. Petition against
the construction of the Telstra Tower in Ocean Shores
The Mayor tabled a petition which contains 753 signatures and
states:
“We, the residents of Flinders Way, Banool Circuit,
Gira Place, Shara Boulevard, Palmer Avenue, Player Parade and surrounding
areas, Ocean Shores, NSW 2483, object strongly against the construction of a
planned Telstra Tower on council owned land, zoned currently DM (deferred
matter) and situated east of Flinders Way in bushland. The action requested of
council is to disallow the construction of the Telstra Tower on their
land…”
Submissions
and Grants
There were no submissions and grants tabled.
Delegates'
Reports
1. Service Level Agreement Committee (Rural Fire Service)
meeting 6 February
Cr Dey advised Council of the following:
I’m our delegate on the RFS's Service Level Agreement
committee. One important current issue is land tenure for the brigade at
Goonengerry. Land ownership is shared and some of the owners have said
that they want the fire brigade off the property within 12 months. There
may or may not have been formal agreements made. The first step will be
to find out. Another will be for RFS to determine whether to keep this brigade,
or merge it with Federal. 12 months out is a good time to start looking
at alternatives rather than 10 minutes before crunch time.
2. Richmond Tweed Regional Library meeting 13 February
2015
Cr Dey advised Council of the following:
I'm our alternate delegate here. RTRL has similar
problems to many local authorities in preparing budgets because they
can’t get input estimates from shire and state bodies. This makes
their budgeting exercise really difficult, in the same way as ours. The
Regional Library is also promoting a fund raising campaign.
3. Rous Water meeting 18 February
Cr Dey advised Council of the following:
Councillor Woods and I are delegates on Rous. Two items
split the 8 Councillors 4 to 4. One was a proposal to put a 100 kilowatt solar
system at Nightcap Water Treatment Plant (WTP) and a 50 kilowatt system at the
Emigrant Creek WTP. The project was deferred for staff to make further
investigations of the business case, namely to look at alternative investments,
with pay back periods shorter than the 8 and 13 years proposed. I was
unimpressed to see these matters debated only on the basis of their business
cases rather than considering their environmental benefits such as carbon
reduction. And pay back is certain, it's just a question of how long. I
hope this will come back to Rous at its next meeting. Similarly the casting
vote was used to remove funding from an erosion control project, proposed on
macadamia farms in combination with their Association.
4. Mullumbimby Civic Hall Board meeting 17 February 2015
Cr Dey advised Council of the following:
I’m an alternate delegate on the Board managing
Mullumbimby Civic Hall. The board felt that one of the issues limiting their
promotion of the venue had been the re-building of the Neighbourhood Centre
building, just outside the Hall. This took about 12 months and its
landscaping has also been delayed. Hopefully that will be resolved in the next
few months. The board’s quite serious about trying to turn around the
finances of the Hall.
Staff Report – general
manager
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Report No. 13.1 Results
of Park and Ride, SEPA and Butler Street Reserve 2014/15
File No: I2015/30
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15-051
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Resolved:
1. That
Council note the report and recommendations regarding the results and
analysis of Park and Ride 2014/15.
2. Given
the expectation that both our volunteer base and partnership income will
increase over the next 2 years of the trial, Council adjust its expenditure
to be $50,000 in 2015/16 and $30,000 in 2016/17 and that no funds are to be
committed until after the workshop in point 3 below.
3. That
a workshop be held with Councillors and staff in order to thoroughly examine
costs and benefits associated with the park and ride program and a report
brought to Council for determination before the end of June. (Cameron/Richardson)
The motion was put to the vote and declared carried.
Cr Cubis voted against the motion.
PROCEDURAL
MOTIONs
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15-052
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Resolved that Cr Ibrahim be granted a three minute
extension to his speech. (Richardson/Woods)
The motion was put to the vote and declared carried.
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15-053
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Resolved that Cr Richardson be granted a three minute extension to his speech.
(Woods/Cameron)
The motion was put to the vote and declared carried.
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15-054
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Resolved that Cr Spooner be granted a one minute
extension to his speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
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The meeting adjourned at 12.50pm for lunch and reconvened
at 1.35pm.
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Procedural
Motion
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15-055
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Resolved that Council change the order of business to
deal with Report 13.17 next on the Agenda. (Richardson/Wanchap)
The motion was put to the vote and declared carried.
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Staff Report - infrastructure
Services
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Report No. 13.17 Steam
Weeding Trial
File No: I2015/48
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15-056
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Resolved:
1. That
steam weeding be endorsed as a method to supplement other means and replace
chemical means for the eradication of weeds and other unwanted vegetation
near children’s playgrounds, public seating, garden beds and urban gutters
and other high use public areas and also as a cleaning method on hard
surfaces in these areas.
2. That
the provision of a budget to facilitate the progressive integration of steam
weeding into Council’s ongoing weed control programs and to allow steam
to be used as the primary method to weed children’s playgrounds, public
seating, garden beds and urban gutters and other high use public areas and
also as a cleaning method on hard surfaces in these areas be considered as
part of the process for the development of the 2015/16 Budget.
3. That
Council consider the use of recycled water from the sewage treatment plant in
its steam weeding operations.
4. That
Council consult FNCW for possible funding/grant opportunities to assist with
the implementation of steam weeding. (Richardson/Wanchap)
AMENDMENT
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Moved:
1. That
steam weeding be endorsed as a method to supplement other means for the eradication
of weeds and other unwanted vegetation near children’s playgrounds.
2. That
the provision of a budget to facilitate the further investigation of steam
weeding into Council’s ongoing weed control programs and to consider
steam to be used as the primary method to weed pavements, garden beds and
gutters outside shops in the retail precinct of each town and village and
considered in the development of the 2015/16 Budget.
3. That
Council consider the use of recycled water from the sewage treatment plant in
its steam weeding operations.
4. That
Council consult FNCW for possible funding/grant opportunities to assist with
the implementation of steam weeding. (Hunter/Woods)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Dey, Cubis, Woods, Richardson,
Cameron, Wanchap and Spooner voted against the amendment.
The motion was put to the vote and declared carried.
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Staff Reports - Corporate and
Community Services
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Report No. 13.3 Mullumbimby
Golf Club - Assistance with Rates
File No: I2014/74
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15-057
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Resolved:
1. That
the report be noted.
2. That
the Crown land leased to the Mullumbimby Golf Club, not be included in
Council’s Policy Section 356 Donations – Rates, Water and Sewer
Charges for the following reasons:
a) It
does not meet the Policy Statement being a “public hall, community centre
or charitable organisation”.
b) It
is not considered to meet the Policy criteria for Eligibility for Inclusion
as the golf course is not a community centre, public hall or facility that is
available for use and/or provides a charitable service to the general
community. (Ibrahim/Woods)
The motion
was put to the vote and declared carried.
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Report No. 13.4 Operational
Plan Review 2014/15 as at December 2014
File No: I2015/13
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15-058
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Resolved:
1. That
Council receive and note the 6 month progress report and associated
attachment (E2015/9555) on the 2014/15 Operational Plan Review for the period
1 July 2014 to 31 December 2014.
2. That
this item be added to a Strategic Planning Workshop at the earliest
opportunity.
(Woods/Richardson)
The motion was put to the vote and declared carried.
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FORESHADOWED MOTION
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15-059
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Resolved that progress on cycleways (item 4.13 on
Agenda Page 119; Delivery Program reference number 48) be reported to the
next meeting of Council's Transport Advisory Committee. (Dey/Richardson)
The motion was put to the
vote and declared carried.
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Report No. 13.5 New
Years Eve 2014 outcomes and recommendations
File No: I2015/15
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Cr Spooner previously declared a pecuniary interest in
this item and left the chambers and did not participate in the vote.
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15-060
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Resolved:
1. That
Council note the overview of NYE 2014 Report and feedback from surveys and
stakeholders presented in this report.
2. That
Council note the continued commitment to the partnership with the Byron Bay
Community Centre to manage the NYE events (as demonstrated by the five year
DA submitted in 2014).
3. That
Council note that the New Year’s Eve public holiday in 2015 will fall
on a Friday, making a long-weekend at this crucial time of year.
4. That
Council adopt a similar approach for New Year as for 2014 with the following
key strategies, noting recommendations throughout this report to
‘tweak’ the strategies further:
1. A
family friendly main street event, incorporating activities specifically for
youth
2. An
event for 18 – 40+ (outside the town centre)
3. A
new year’s morning event
4. Policing
support
5. Alcohol
minimisation campaign
6. Team
of volunteers, including strengthening partnerships with educational
institutions to provide experience opportunities for students
7. Coordinated
sponsorship/ fundraising program
8. Establish
a Project Reference Group (PRG)
9. Council
NYE Program Support
a. Provide
a point of contact for event managers and other stakeholders
b. Communications
and media
c. Traffic,
compliance, waste and infrastructure services management
5. That
subject to a workshop with Councillors at which they will
be presented with a full and comprehensive breakdown of last year’s
costings, that Council in the preparation and development of the 2015/16
Budget and Long Term Financial Plan, consider the provision of a budget of
$400,000 over the next four years (2015 – 2018 inclusive, until the
completion of the current DA) to continue the proven strategies outlined in
point 4 over the next four years.
6. That
Council re-establish the Safe Summer in the Bay Project Reference Group with
the same members:
a) including
two additional members from the creative industries, being from the event
organisers; and
b) that
the Terms of Reference for the PRG be changed to reflect this update to the membership
of the committee. (Wanchap/Ibrahim)
The motion was put to the vote and declared carried.
Cr Richardson voted against the motion.
Cr Spooner was not present for the vote.
Cr Spooner returned to the meeting at 2.58pm.
The meeting adjourned at 2.58pm for a break and
reconvened at 3.14pm.
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Report No. 13.7 Vacancy
on Public Art Assessment Panel
File No: I2015/33
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Moved: That
Council select Nominee 2 as the replacement community representative to fill
the current vacancy on the Public Art Assessment Panel. (Spooner/Richardson)
AMENDMENT
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15-061
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Resolved:
1. That
the Constitution be amended to allow for one additional community
representatives.
2. That
Council select Nominees 2 and 4 as the replacement community representatives
to fill the current vacancy on the Public Art Assessment Panel. (Woods/Cubis)
The amendment was put to the vote and declared carried.
Crs Dey, Richardson and Spooner voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Dey, Richardson and Spooner voted against the
motion.
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Staff
Reports - Sustainable Environment and Economy
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Report No. 13.11 Review
of Section 64 Charges
File No: I2015/35
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15-062
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Resolved:
1. That the General
Manager initiate a review of the Local Water Utility’s:
a) Strategic
Business Plan; and
b) Total
Asset Management Plan; and
c) Financial
Plan; and
d) Development
Servicing Plans (DSPs)
2. That
the review have consideration for:
a) NSW
Best-Practice Management of Water Supply and Sewerage Framework; and
b) the
relevant ‘Developer Charges Guidelines for Water Supply, Sewerage and
Stormwater’ as determined by the NSW Office of Water; and
c) the
quantum of the charges set by the DSPs be benchmarked against adjoining
Council areas and if the charges are significantly higher than the adjoining
Council’s charges, that the options of cross subsidisation be
considered for inclusion into the DSPs.
3. That
staff further investigate the mechanisms and options for the transfer of ET
entitlements between different parcels of land within the Shire and that
staff seek additional legal advice on this issue. If the legal advice
indicates that transfer is permissible then:
a) staff
develop a model governance system to keep track of the entitlements; and
b) staff
investigate the level of demand amongst the business community for
transferable entitlements; and
c) staff
undertake a cost benefit analysis of the cost of administering a transfer
system with the benefit to the business community.
4. That the outcomes of the
review be brought to a Strategic Planning Workshop.
(Woods/Cubis)
The motion was put to the vote and declared carried.
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Report No. 13.12 PLANNING
- State Environmental Planning Policy No. 1 - Variations to development
standards - 1 October to 31 December 2014
File No: I2015/44
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15-063
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Resolved that the report be noted. (Cubis/Woods)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Richardson, Cameron,
Wanchap, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
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Report No. 13.13 Vegetation
mapping review
File No: I2015/28
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15-064
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Resolved:
1. That
the Byron coast vegetation mapping 2015 be placed on public exhibition for a
period of 42 days.
2. That
staff initiate discussions with the Office of Environment and Heritage and
Department of Planning and Environment seeking their support and financial assistance
to finalise the review of the vegetation mapping for the remainder of the
Shire. (Ibrahim/Woods)
The motion was put to the vote and declared carried.
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Report No. 13.16 Coastal
Zone Management Plan Byron Bay Embayment
File No: I2015/75
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15-065
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Resolved:
1. That
Council note staff have written to the NSW Coastal Panel to request an urgent
meeting to discuss the implications of advice provided by the Office of
Environment and Heritage on the draft Coastal Hazard Management Study Byron
Bay Embayment.
2. That
a response be sought from the authors of the cost benefit analysis to the
comments made by the Office of Environment and Heritage regarding the two
assumptions discussed in this report. (Ibrahim/Woods)
AMENDMENT
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Moved:
1. That
Council note staff have written to the NSW Coastal Panel to request an urgent
meeting to discuss the implications of advice provided by the Office of
Environment and Heritage on the draft Coastal Hazard Management Study (CHMS) Byron
Bay Embayment.
2. That
Council seek a peer review of the cost benefit analysis within the draft CHMS,
and include the non market value factors such as environmental, cultural and
wildlife.
(Cameron/Dey)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter
voted against the amendment.
The motion was put to the vote and declared carried.
Crs Richardson, Cameron and Spooner voted against
the motion.
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Report
of Committees - Infrastructure Services
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Report No. 14.1 Report
of the Local Traffic Committee Meeting held on 6 February 2015
File No: I2015/74
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15-066
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Resolved that Council note the minutes of the Local
Traffic Committee Meeting held on
6 February 2015, that the following recommendations be adopted (and given
separate resolution numbers 15-067 to 15-080), and that Committee
Recommendations 5.5.1 and 5.6.1 not be adopted. (Ibrahim/Woods)
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15-067
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Resolved that Council
adopt the following Committee Recommendation:
Report
No 5.1 – Extension of School Bus
Route, Fowlers Lane, Bangalow
File
No. I2014/56
Committee
Recommendation 5.1.1
That
Council hold no objection to the proposal of Mr Brian Bowden (school bus operator
Bangalow bus lines) to extend the existing school bus route along Fowlers Lane,
Bangalow from the Pacific Highway to the end on the basis the driver is able
to:
a) utilise
a safe point for passenger pick up and set down
b) undertake
a safe turn around with a forward movement turn only
c) that
the Planning Department of Council be informed as it may relate to the works
proposed for the creek crossing (Ibrahim/Woods)
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15-068
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Resolved that Council adopt the following Committee
Recommendation:
Report
5.2 – ANZAC Day Parades – 2015
File
No. I2014/56
Committee
Recommendation 5.2.1
1. That
Council endorses the ANZAC Day Parades for 25 April 2015 for the Return
Services League sub branches of Byron Bay, Mullumbimby, Bangalow and
Brunswick Heads / Billinudgel.
2. That
Council implements the necessary temporary road closures and detours and
places advertisements in the local newspaper as required by the Roads Act
1993. (Ibrahim/Woods)
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15-069
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Resolved that Council adopt the following Committee
Recommendation:
Report 5.3
- Request for Disabled User Limitation Parking Bay, 6 Marvell Street, Byron
Bay
File No.
I2014/56
Committee
Recommendation 5.3.1
1. That
Council not install an accessible (disabled) parking bay on Marvell Street,
Byron Bay between Jonson Street and Middleton Street at this time.
2. That
the Committee supports in principle the need for reduced time limits as
requested, however acknowledges that consultation with tenants/land owners
will take place as part of the Byron Bay parking study. (Ibrahim/Woods).
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15-070
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Resolved that Council adopt the following Committee
Recommendation:
Report
5.4 - Request for 2P Time Limit and Council Enforcement, Shopping Plaza,
Byron Bay
File No.
I2014/56
Committee
Recommendation 5.4.1
1. That
Council approves a 2P time limit which is effective 9am to 6pm each day and
it applies where signed in the car park located at 90-96 Jonson Street, Byron
Bay (Lot 5, DP 619224).
2. That
Council suggests to the owner that 15 minute pick up / drop off zones and
‘parents with prams’ bays, as well as disabled parking bays be
considered in line with current parking standards.
3. That
any proposed regulatory changes in the car park while under lease to, or
subject to agreement with Council, will need referral to the Local Traffic
Committee for approval.
(Ibrahim/Woods)
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15-071
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Resolved that Council adopt the following Committee
Recommendation:
Report 5.7 - Proposal
for 2P limit, Shirley Street, Byron Bay, east of Milton Street
File No. I2014/56
Committee Recommendation 5.7.1
1. That,
prior to consultation taking place with tenants/land
owners, Council consider what time
limit is desirable for Shirley Street, Byron Bay.
2. That
Council notes the Committee favours for Shirley Street 2P east of Milton
Street, and 4P to Kendall Street,
3. That
the consultation be undertaken with consideration of the broader parking study
being undertaken and used to further inform it. (Ibrahim/Woods)
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15-072
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Resolved that Council adopt the following Committee
Recommendation:
Report
5.8 – Request for Centre Line Marking, Coolamon Scenic Drive,
South of Goonengerry Road
File No. I2014/56
Committee Recommendation 5.8.1
That a review of delineation measures, such as guide posts,
advisory curve markers, speeds, and line centre marking etc be undertaken and
implemented as found warranted on Coolamon Scenic Drive, between Goonengerry
Road and the Pacific Highway. (Ibrahim/Woods)
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15-073
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Resolved that Council adopt the following Committee
Recommendation:
Report 5.9 – Change
Give Way to STOP, Cowper Street, Byron Bay at Ruskin Street
File No. I2014/56
Committee Recommendation 5.9.1
That Council replace the Give Way with STOP signs at the
intersection of Cowper Street, Byron Bay with Ruskin Street subject to RMS
requirements being met. (Ibrahim/Woods)
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15-074
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Resolved that
Council adopt the following Committee Recommendation:
Report 5.10 – Request
for Time Limits and Review, Middleton Street, Byron Bay
File No. I2014/56
Committee Recommendation 5.10.1
That the report and request for time changes on Middleton
Street and Marvell Street, Byron Bay be noted
and referred to the Byron Bay parking study for further investigation and be reported
to the Local Traffic Committee and Council when and as required. (Ibrahim/Woods)
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15-075
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Resolved that Council adopt the following Committee
Recommendation:
Report 5.11 - Event
Road Closure, Bangalow Billy Cart Derby, Sunday 17 May, 2015
File No. I2014/56
Committee Recommendation 5.11.1
1. That
the Bangalow Billy Cart Derby, to be held Sunday 17 May 2015, which includes
the temporary road closure of Byron Street, Bangalow between Granuaille Road
and Market Street between the hours of 6am and 4pm, be endorsed.
2. That
the organisers be responsible for implementing an approved Traffic Control
Plan, including the use of signed detours, as designed and implemented by
those with appropriate accreditation and be advised Council’s fee for
holding an on-road event will apply.
3. That
public liability insurance be in place for the sum of at least $20 million
and a copy be provided to Council.
4. That
the concurrence of the Police be sought by the organisers, independent of the
Local Traffic Committee endorsement.
5.
That the event be advertised in accordance with the Roads Act charged at cost
to the organisers.
6. That the event be
notified on Council's website.
7. That
if Council staff and materials are required for the event, costs be recorded
and invoiced to the organisers as appropriate. (Ibrahim/Woods)
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15-076
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Resolved that Council adopt the following Committee
Recommendation:
Report 5.12 – Event
Road Closures, Byron Bay Triathlon, Saturday, 9 May 2015
File No. I2014/56
Committee Recommendation 5.12.1
1. That endorsement be given for the
2014 Byron Bay Triathlon to occur on Saturday, 9 May 2015.
2. That Council approves the temporary
road closures within Byron Bay for undertaking the 2014 Byron Bay Triathlon
as follows, with each to be in effect no earlier than 12 noon and removed no
later than 4pm:
a) Bay Street, between Fletcher Street and
Middleton Street
b) Middleton Street, between Bay Street and
Marvell Street
c) Marvell Street, between Middleton Street
and Tennyson Street
d) Tennyson Street, between Marvell Street and
Browning Street
e) Bangalow Road, between Browning Street and
Broken Head Road
f) Broken Head Road, from Bangalow Road
to the Ballina LGA boundary
g) Lawson
Street, between Middleton Street and Massinger Street
3. That the approvals
provided in Part 1 and Part 2 are provided subject to the proponent’s:
a) use
of an accredited designed and implemented Traffic Control Plan
b) meeting
of the advertising requirements of the Roads Act 1993
c) letter
box drop of properties affected by the road closures, advising of the event
and the proposed traffic management and road closures
d) event
being notified on Council's website
e) Council’s
consideration of any submissions received
f) timely
lodgement of current and appropriate levels of insurance and liability cover
4. That the use of Butler Street
Reserve, Byron Bay for the purpose of event car parking
is subject to Council licence and agreement and the timely provision of a Parking
Management Plan.
5. That the approvals within Part 1 to 4
relate to Byron Shire and that the holding of the event remains subject to
the:
a) result of Council’s advertised
submission period
b) written approval from Police
c) written
approval from Ballina Shire Council (Ibrahim/Woods)
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15-077
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Resolved that Council adopt the following Committee
Recommendation:
Report 5.13 – Traffic
Management, Mullum to Bruns Paddle, Sunday 24 May 2015
File No. I2014/56
Committee Recommendation 5.13.1
That Council approve the temporary traffic control measures
in Mullumbimby for the Mullum to Bruns Paddle, to be held on Sunday 24 May
2015, subject to the proponent’s:
a) use of an accredited designed
and implemented Traffic Control Plan
b) holding public liability
insurance for the sum of at least $20 million
c) the event being advertised in
accordance with the Roads Act 1993
d) the event being notified on
Council's website
e) consideration of any
submissions received
f) letter
box drop of residents advising of the event and traffic management (Ibrahim/Woods)
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15-078
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Resolved that Council adopt the following Committee Recommendation:
Report 5.14 - Little Black Dress Cycling Event
File No. I2014/56
Committee Recommendation 5.14.1
That Council note the proposed Little Black Dress Classic
on-road cycling event, being held to raise money for the Jodie Lee Foundation
/ Bowel Cancer Research between 22nd March and 29th March 2015 and holds no
objections to the event being held in Byron Shire as proposed, subject to the
following:
a)
concurrence of the NSW Police and Roads and Maritime Services and their conditions
and requirements being met
b) organisers
implement risk management and assessment prior and during the event
including provision of lead and rear motor escort to contain the cycling group
at all times
c) public
liability insurance being current and not less than $20 million
d) advertising
in accordance with the Roads Act 1993
e) event
being notified on Council's website; and
f) proponent
accepting Council is not held liable for defects, hazards and conditions upon
the route travelled (Ibrahim/Woods)
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15-079
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Resolved that Council adopt the following Committee
Recommendation:
Report 6.1 – Wilson Creek Public School Bus Bay
File No. I2014/56
Committee Recommendation 6.1.1
1. That
a new design be developed which allows the school bus and students to board
and embark on the school side of Wilsons Creek Road.
2. That
staff pursue the possibility of a smaller bus being used and if not possible under
the current contract, than it should be part of new contract.
3. That
Council notes the new proposed design allows improved safety and will cost
less than the previously approved design.
4. That
Council notes the potential for 100% funding from the RMS if the design meets
their requirements and can be commenced prior to June 2015. (Ibrahim/Woods)
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15-080
|
Resolved that Council adopt the following Committee
Recommendation:
Report
6.2 Late item – Rescue Helicopter Fundraiser, Byron Bay to
Ballina Chopper Walk, 2015
File No. I2014/56
Committee Recommendation 6.2.1
1. That
Council endorse the Westpac Life Saver Rescue Helicopter fundraiser, Byron
Bay to Ballina Chopper Walk, to be held Sunday 24 May 2015, subject
to:
a) the
use of an accredited designed and implemented Traffic Control Plan for the
purpose of stop/go controls where required
b) the
use of marshals along Marine Parade who, for the purpose of aiding and forming
participants into walking groups, are to undertake their duties in accordance
with a pre-event risk assessment and management plan, a copy of
which is to be provided to Council prior to the event
c) public
liability insurance be in place for the sum of at least $20 million
d) the
event be advertised in accordance with the Roads Act, with the advertising
charged at cost to the organisers
e)
the event being notified on Council's website
f) consideration
of any submissions received
g) attainment
(by the event proponent) of NPWS written acceptance of the event
2. That
the endorsement in Part 1 is also subject to the following in regard to the use
of Seven Mile Beach Road, that is:
a) signage,
which specifies the date, hours and nature of the event, be positioned at
the entrance and exit of Seven Mile Beach Road one week prior to the event;
b) on
the day of the event, at 500m intervals, and facing both directions of travel,
signs advising of “ Special Event - Charity Walk Ahead” (or
similar) are installed prior, and removed after, the event occurs; and
c) a
safety induction for participants advising of hazards be provided.
(Ibrahim/Woods).
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AMENDMENT
Moved: That the Committee Recommendations listed in the
Report of the Local Traffic Committee Meeting held on 6 February 2015 be
adopted as a whole. (Dey/Spooner)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted
against the amendment.
The motions (resolutions 15-066 to 15-080) were put to
the vote and declared carried.
Crs Richardson and Cameron voted against the motion.
Cr Cubis left the meeting at 4.25pm and did not return.
URGENCY MOTION
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Urgency Motion No. 1 Councillor
attendance to the 2015 Australian Coastal Councils Conference
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The Mayor determined that the matter of attendance at the
2015 Australian Coastal Councils be dealt with at this meeting as a matter of
urgency.
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15-081
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Resolved:
1. That
Council support Cr Richardson attending the 2015 Australian Coastal Councils
Conference, to be held at RACV Cape Schanck Resort on the Mornington
Peninsula, Victoria, from Wednesday 11 to Friday 13 March 2015.
2. The
urgency of this matter is due to the Conference being held prior to the next
Ordinary meeting. (Richardson/Woods)
The motion was put to the vote and declared carried.
Cr Cubis was not present for the vote.
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There being no further business the meeting concluded at 4.35pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 19 March 2015.
….…………………………
Mayor Simon Richardson
