Minutes
Ordinary Meeting
Thursday, 19 March 2015
Minutes
Ordinary Meeting
Thursday, 19 March 2015
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
19 March 2015
The following items are listed in the order in which they were dealt with.
Report No. 13.2 Investments - February 2015
Report No. 14.1 Report of the Internal Audit Advisory Committee Meeting held on 19 February 2015
Report No. 14.2 Report of the Finance Advisory Committee Meeting held on 19 February 2015
Notice of Motion No. 9.1 Support to strengthen Council's relationship with Southern Cross University
Notice of Motion No. 9.2 Opposition to Base Station Microwave Transceivers.
Petition No. 10.1 Against the Construction of the Telstra Tower in Ocean Shores
Report No. 13.1 Licence - Shara Community Gardens
Report No. 13.4 Bay Lane Activation - Action Items
Report No. 13.5 Establishment of the Sustainable Economic Development Management Advisory Committee
Report No. 16.1 CONFIDENTIAL - Belongil Interim Beach Access Stabilisation Works Contract Update
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 19 March 2015
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 19 March 2015 COMMENCING AT 9.05AM AND CONCLUDING AT 1.07PM
I2015/215
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Cubis, Cr D Dey, Cr A Hunter,
Cr S Ibrahim (arrived 9.43am), 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)
Shannon McKelvey (Executive Manager Organisation Development)
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.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
9.3 Intention for Byron Shire to become Australia's first Zero Emissions Community
Dieter Horstmann, Byron New Energy, addressed Council in favour of the recommendation.
9.4 Change to procedure
David Wallace addressed Council in favour of the recommendation.
13.3 PLANNING DA 10.2014.417.1 Demolition of existing residential flat building & construction of a new residential flat building and associated works at 43 Lawson Street, Byron Bay
Dwayne Roberts addressed Council against the recommendation.
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Procedural Motion |
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Resolved That the apology from Cr Spooner be accepted and a leave of absence granted. (Dey/Cubis) The motion was put to the vote and declared carried. |
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest Returns
In accordance with the Local Government Act 1993 Section 450A(2), Section 449(1) First Returns are tabled being received from:
· Shannon Burt, Director Sustainable Environment and Economy
· Bronwyn Challis, Strategic Procurement Officer
· Matthew Meir, Legal Services Officer
Adoption of Minutes from Previous Meetings
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Resolved that the minutes of the Ordinary Meeting held 26 February 2015 be confirmed. (Dey/Cubis) The motion was put to the vote and declared carried. |
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
Corporate and Community Services
Report No. 13.1 Licence - Shara Community Gardens
Sustainable Environment and Economy
Report No. 13.3 PLANNING DA 10.2014.417.1 - Demolition of existing residential flat building & construction of a new residential flat building and associated works at 43 Lawson Street Byron Bay
Report No. 13.4 Bay Lane Activation - Action Items
Report No. 13.5 Establishment of the Sustainable Economic Development Management Advisory Committee
Confidential Reports
Infrastructure Services
Report No. 16.1 Confidential - Belongil Interim Beach Access Stabilisation Works Contract Update
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Woods and seconded by Cr Cubis. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 15-084 and concluding with Resolution No. 15-097.
Staff Reports - Corporate and Community Services
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Report No. 13.2 Investments - February 2015 File No: I2015/188
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Resolved that the report listing Council’s investments and overall cash position as at 28 February 2015 be noted. (Woods/Cubis) |
Reports of Committees - Corporate and Community Services
Reports of Committees - Sustainable Environment and Economy
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Report No. 14.3 Report of the Biodiversity and Sustainability Advisory Committee Meeting held on 19 February 2015 File No: I2015/115
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Resolved that Council note the minutes of the Biodiversity and Sustainability Advisory Committee Meeting held on 19 February 2015. (Woods/Cubis) |
Reports of Committees – INFRASTRUCTURE SERVICES
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Report No. 14.4 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 4 December 2014 File No: I2015/100
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Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 4 December 2014. (Woods/Cubis) |
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Procedural Motion
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Resolved that Council change the order of business to deal with items 9.3, 9.4 and 13.3 next on the Agenda. (Richardson/Woods) The motion was put to the vote and declared carried. |
Cr Ibrahim arrived at 9.43am.
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Procedural Motion |
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Resolved that Council change the order of business to deal with items in the order they appear in the Agenda. (Woods/Cameron) The motion was put to the vote and declared carried. |
There was no mayoral minute.
The meeting adjourned at 10.09am for a break and reconvened at 10.30am.
There were no submissions and grants.
1. Australian Coastal Council Conference
Cr Richardson advised he will provide a written delegate’s report on this Conference in the Ordinary Meeting Agenda of 9 April 2015. He also advised:
It was an interesting conference and one in which you realise that we are not alone on this matter. WA, Tasmania, Victoria – they are all coming with the same challenges and the same problems. An interesting speech from Bruce Thom, who gave a searing keynote about the lack of consistency in state and federal leadership in this field. He talked about how Senator Robert Hill, when he was the Liberal Minister for the Environment, a cause he championed so strongly, hundreds of millions flowed into coastal works. Jenny George of the ALP under Rudd created a report which was the National Seachange Taskforce which was launched when Byron held the conference. No-one on the Rudd Government then initiated anything from it and under the O’Farrell Government we had that localism where local people could choose their own sea- rise level but no money came. Now we have got Premier Baird and Rob Stokes who as surfers seem to get it a bit more so we will wait and see. That was quite an interesting bit of history showing that regardless of some parties, it can depend on whether someone understands and values our coastal area and is prepared to push for it. He came up with the statement that it has often been said that Federal Government has all the power, State Government has all the policies and Local Government have all the problems and I think everyone in the room acknowledged that has been the case.
Aside from that there was an interesting presentation on changing populations by one of the key population analysts from the Bureau of Statistics talking about the growth of population being doubled for coastal councils and even sharing Gold Coast, which was the closest to us, an increase in population of 70% in only about 20 years. So when it comes to population increases, this area is obviously going to get far more.
Another interesting bit that I think is worth sharing, was the conversation by one of the leaders of the CSIRO who deals with sea level rise and climate change talking about the ice melting and the effect that it has. On one hand he said, they believed that over the next 100 years, or in this century, it probably won’t have a great deal of impact on sea level rise but also flagged the fact that it is the uncertainty behind it that is incredibly troubling for scientists because they are not quite sure about the rate. They know it is going to have a significant impact, it just might be a bit more delayed. However, the unknown is when it could quite easily happen on a large scale more quickly and that is one area that the scientists acknowledge they don’t really know, but the scenarios are truly alarming.
It was very interesting and also interesting to get some tourism insights from Mornington Peninsula – very similar to us – has 26 hotels or accommodation houses and 26,000 holiday homes. People rent a house, but it is also very traditional in Melbourne where you have your holiday house down there.
It was great to connect with people from Port Douglas to Tasmania, all dealing with similar issues. A more thorough report will be included in the agenda for the next meeting, and I thank Council for sending me down there.
2. Bush Fire Management Committee Meeting
Cr Dey advised the following:
Cr Dey reported on the meeting of 19 March 2015. One topic was a unique community of "dwarf heath" vegetation at Paterson Hill, Byron Bay. There is only 8 hectares of this in the world, all at Paterson Hill. National Parks and Wildlife Service (NPWS) manages about 5 hectares of it and intends to burn that area this year as part of its management. The area requires burning to sustain itself and was last burnt in 1977.
NPWS are adamant that their 5 hectares and the other 3 ha shouldn’t be burnt simultaneously. Two authorities manage the remaining 3 ha: Crown Lands (through a Trust) and Council on the small patch around our water tower. The whole lot would be wiped out and wouldn’t regenerate if it were all to burn at once.
3. Rous Meeting
Cr Dey advised the following:
I attended a Rous Water Meeting on 18 March. The interesting items were confidential but there was one other, about financial assistance to Rous's own direct customers (ie those supplied but not through one of the four "constituent Councils"). Rous generally has 2 or 3 customers per quarter who have had an "undetected leak" in their line. Rural customers often have a large distribution network downstream of their water meter. Such "poly" lines might get trampled by cattle and then spurt water for months, until a massive water bill arrives from Rous Water. Some bills reach $3,000 or $4,000 for the quarter, instead of a usual $200 or $300. Rous customers have the right to apply for financial assistance with paying part of such a bill.
I don’t think we have as many incidences of leakage in this Shire. I think it is more frequent with Rous’s own customers because they are
rural, being located along the pipelines. They were connected decades
ago, when Rous first gained easements through their properties for the large trunk lines that supply water to the Shires. Rous Council wrestled with the processes and considerations behind assisting people with their bills.
Staff Reports - Corporate and Community Services
Cr Wanchap left the meeting at 11.05am.
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Procedural Motion |
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Resolved that Council change the order of business to deal with Report 13.3 at the end of the meeting. (Woods/Richardson) The motion was put to the vote and declared carried. Cr Wanchap was not present for the vote. |
Cr Wanchap returned at 11.07am.
Staff Reports - Sustainable Environment and Economy
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Procedural Motion |
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Resolved that Council change the order of business to deal with Report 13.3 next on the Agenda. The motion was put to the vote and declared carried. |
Confidential Reports - Infrastructure Services
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Report No. 16.1 Confidential - Belongil Interim Beach Access Stabilisation Works Contract Update File No: I2015/102
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Moved: 1. That Council note, in relation to the Interim Beach Access Stabilisation works at Belongil: a) construction costs are likely to exceed the budget approved in 2014 and there is thus a shortfall in funding; b) benefitting landholders have not committed to agreement with respect to (i) voluntary contributions for the works, and (ii) access agreement and easement.
2. That Council not pursue this project further, and advise stakeholders of this decision. (Richardson/Dey) The motion was put to the vote and declared lost. Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the motion.
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1. That pursuant to Section 10A(2)(c) and (d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Belongil Interim Beach Access Stabilisation Works Contract Update.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains: a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
Information that would, if
disclosed, confer a commercial advantage on a person with whom Council is
conduction (or proposes to conduct) business.
4. That in accordance with Sections 10A(4) of the Local Government Act 1993, that the Chairperson allow members of the public to make representations as to whether this part of the meeting should be closed. (Woods/Cubis)
The motion was put to the vote and declared carried. Crs Dey, Richardson and Cameron voted against the motion.
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Resolved that the meeting move into committee. (Wanchap/Ibrahim) The motion was put to the vote and declared carried.
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Resolved that the meeting move out of committee. (Ibrahim/Dey) The motion was put to the vote and declared carried.
FORESHADOWED MOTION
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1. That Council notes Resolutions 14-498 and 14-549 which, inter alia, delegates authority “to the General Manager to negotiate and enter into contracts on terms and conditions deemed suitable”.
2. That an urgent Councillor workshop with staff be convened no later than 2 April 2015, to provide updated information on the construction contract quotations.
3. That Council notes the Byron Preservation Association’s advice that landowners are willing to make a voluntary contribution of $300,000 towards the costs of construction.
4. That Council provide the landowners with an Agreement for signature and return to Council which confirms their collective voluntary contribution of $300,000 (excluding GST) secured by a bank guarantee, or cash payment on trust, to be released to Council upon Council, before 30 June 2015, entering into a construction contract.
5. That Council approves the construction of the proposed Interim Beach Access Stabilisation works subject to: a) the General Manager negotiating and enter into contracts on terms and conditions deemed suitable; and b) all owners who are making payments towards the $300,000 contribution, signing and returning the Agreement referred to in point 4 above, by 29 April 2015; and c) the s88b Instrument, plans and associated documents properly signed by all owners of Lots 11 – 14 Section 3 DP 1623 being returned to Council by 29 April 2015. (Ibrahim/Cubis) The motion was put to the vote and declared carried. Crs Dey, Richardson, and Cameron voted against the motion.
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Resolved that Cr Ibrahim be granted a three minute extension to his speech. (Cubis/Wanchap) The motion was put to the vote and declared carried.
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Resolved that Cr Cubis be granted a two minute extension to his speech. (Woods/Ibrahim) The motion was put to the vote and declared carried.
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Resolved that the meeting move out of Confidential Session. (Richardson/Cubis) The motion was put to the vote and declared carried. |
URGENCY MOTION
1. Foot crossover over the rail line at Mullumbimby
There being no further business the meeting concluded at 1.07pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 9 April 2015.
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