Minutes of Ordinary Meeting

BYRON SHIRE COUNCIL

Ordinary Meeting Minutes 11 June 2015

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 11 June 2015 COMMENCING AT 9.05AM AND CONCLUDING AT 2.02PM

I2015/493

PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Cubis, 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:

13.11 Request for an Early Implementation Program to supplement Council's Rural Lands Strategy Initiative

David Hope addressed Council against the recommendation.

Submission No. 1 NCHP approved carpark in Torakina Reserve Brunswick Heads

Leone Bolt made a submission to Council against the construction of a carpark on the Torakina Reserve, Brunswick Heads by the North Coast Holiday Park Trust.

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 13.3. The nature of the interest being that recommendation 6a)iii of the report awards a $500 grant to his employer Byron Bay Community Association. Cr Spooner chose to leave the chambers, not participate in the debate and not vote.

In relation to reports 13.5 and 13.6 Crs Dey and Hunter tabled Forms of Special Disclosure of Pecuniary in accordance with section 451(4) and (5) of the Local Government Act 1993.

Tabling of Pecuniary Interest Returns

There were no Pecuniary Interest Returns tabled.

Adoption of Minutes from Previous Meetings

15-246

Resolved that the minutes of the Ordinary Meeting held 21 May 2015 be confirmed. (Dey/Woods)

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

Sustainable Environment and Economy

Report No. 13.6 PLANNING - Submissions Report - Planning Proposal to allow Detached Dual Occupancies and Secondary Dwellings in the RU1 and RU2 zones

Report No. 13.8 Waiving Developer Contributions - Secondary Dwellings

Report No. 13.9 PLANNING - Submissions Report - Planning Proposal to rezone part of Lot 5 DP880917, Shara Boulevard, to RE1 Public Recreation

Report No. 13.10 Report of the Planning Review Committee Meeting held on 19 May 2015

Report No. 13.11 Request for an Early Implementation Program to supplement Council's Rural Lands Strategy Initiative

Infrastructure Services

Report No. 13.13 Consideration of Urgent Road Reconstruction Works Booyong Road, Booyong

Confidential Reports

Infrastructure Services

Report No. 16.3 Confidential - Tender Assessment - Mullumbimby Trunk Water Main Replacement 2014-0039

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. 15-247 and concluding with Resolution No. 15-273.

Staff Reports - Corporate and Community Services

Report No. 13.1 Section 355 Management Committees - resignations and appointments

File No: I2015/406

15-247

Resolved:

1. That Council accept the resignation from Sergio Scudery on the South Golden Beach Section 355 Management Committee and officially thank him for his contribution on this committee.

2. That with regard to the Byron Library Exhibition Space (managing the Lone Goat Gallery) Section 355 Management Committee Council:

a) Accept the resignation from Cr Paul Spooner and thank Cr Spooner for his past contribution on this Committee.

b) Endorse the appointment of the alternate delegate Cr Alan Hunter as Councillor’s representative on this Committee. (Woods/Richardson)

Report No. 13.2 Report of the Safe Summer in the Bay PRG meeting 23 April 2015

File No: I2015/408

15-248

Resolved that Council note the minutes of the Safe Summer in the Bay PRG meeting held on
23 April 2015. (Woods/Richardson)

Report No. 13.3 Report of the Public Art Assessment Panel meetings held 10 April and 7 May 2015

File No: I2015/409

15-249

Resolved:

1. That Council endorse the installation of the Unity Pole in Denning Park, east of the Byron Bay Surf Club adjacent to the pedestrian path overlooking the beach. Council also note that:

a) All installation costs will be borne by the proponents donating the artwork

b) That a vote of thanks be made to the organisers of the Uplift Festival where the Unity Pole was carved, and the artist for their generosity in donating this artwork to the Byron Shire community.

2. That Council:

a) Note two priority areas have been identified for future public art in the Shire – Ocean Shores and Suffolk Park.

b) Notify local groups in Ocean Shores and Suffolk Park that Council would be pleased to receive applications to donate or loan artwork to the community in these locations.

3. That Council make a donation of $5,000 from the public art budget to the Mullumbimby Sculpture Walk for the following reasons:

a) Council has previously supported a Development Application for this project.

b) There is evidence of strong community support for the project.

c) A recent crowd funding exercise conducted by Creative Mullumbimby (supported by Creative Partnerships Australia with matched funds) has been very successful.

4. That Council allocate $5,000 of public art budget from 2014/15 to be carried over to the 2015/16 budget to fund a significant public art project in Ocean Shores. Suggested sites to consider for public art include the main roundabouts at Ocean Shores, the Ocean Shores Community Centre, Water Lilly Park or the new Shara Boulevard Sports Fields.

5. That following on from an expression of interest process, Council award the commission of the artwork on the two electricity padmount substations as follows:

a) The Mullumbimby padmount to Karma Barnes and Inscribe Youth Street Arts Project ($1,500)

b) The Byron Bay padmount to Stay Gold/ Nitsua team ($1,500)

6. That the Public Art Assessment Panel recommend to Council that:

a) The following three successful projects from the Public Art Small Grants Program applications be funded for $500 each:

i. ‘Simpsons Sofa’ artwork (to be installed for the Brunswick Nature Sculpture Walk) subject to point ‘c’ below

ii. ‘Fishtales’ – ceramic fish mosaic (to be installed for the Brunswick Nature Sculpture Walk)

iii. ‘Fletcher Street Entrance to the Byron Community Centre Murals’ – Inscribe Youth Street Arts Project

b) That a further $500 be awarded to the Brunswick Heads Memorial Seat project to assist them to provide proper formatted designs showing the resolved construction methods for the project.

c) The ‘Simpsons Sofa’ project will receive the funding described in ‘a.i.’ above subject to:

i. Satisfactory ongoing maintenance of the sculpture

ii. Final concept designs being submitted to the PAAP for a permanent art installation donated to Council. (Woods/Richardson)

Report No. 13.4 Council Investments May 2015

File No: I2015/466

15-250

Resolved that the report listing Council’s investments and overall cash position as at 27 May 2015 be noted. (Woods/Richardson)

Staff Reports - Sustainable Environment and Economy

Report No. 13.5 PLANNING - Amendments to Chapter D2 Development Control Plan DCP 2014

File No: I2015/271

15-251

Resolved:

1. That the proposed changes to Byron DCP 2014 Chapter D2 (Residential Accommodation and Ancillary Development in Rural Zones) in Attachment 1, be exhibited for a period of six weeks; and

2. That, if no submissions are received in response to the public exhibition of Byron DCP 2014 Chapter D2 (Residential Accommodation and Ancillary Development in Rural Zones), Council approve the amended Chapter of the DCP, and that notice of the decision be published in local newspaper within 28 days after the close of the public exhibition (deemed approval date). (Woods/Richardson)

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.

Nil voted against the motion.

Report No. 13.7 PLANNING - Submissions Report - Planning Proposal to allow multiple occupancy development with consent at 226 Fowlers Lane, Bangalow (Lot 6 DP 261219)

File No: I2015/415

15-252

Resolved that Council:

1. Forward the planning proposal to amend Byron LEP 2014, as exhibited and included in Attachments 1, 2 and 3 of this report, to NSW Parliamentary Counsel’s Office requesting that a draft LEP instrument be prepared.

2. Liaise with Parliamentary Counsel’s Office (PCO) as necessary to finalise the content of the draft LEP and to enable PCO to issue an Opinion that the plan can be made.

3. Make the draft LEP under delegated authority and forward the plan to the NSW Department of Planning and Environment for notification on the NSW Government legislation website.

(Woods/Richardson)

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.

Nil voted against the motion.

Report No. 13.12 PLANNING - Reclassify land from operational to community at Lot 530 DP 238451 Orana Road, Ocean Shores

File No: I2015/479

15-253

Resolved that the public land owned by Byron Shire Council and known as Lot 530 DP 238451 Orana Road, Ocean Shores is reclassified from “operational” to “community” under Part 2 of Chapter 6 of the Local Government Act 1993. (Woods/Richardson)

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.

Nil voted against the motion.

Staff Reports - Organisation Development

Report No. 13.14 Updated Work Health Safety Policy

File No: I2015/428

15-254

Resolved that the Work Health Safety Policy (#E2015/32312) be adopted and replace existing Policy 12/016 Work Health Safety Policy. (Woods/Richardson)

Reports of Committees - Corporate and Community Services

Report No. 14.1 Report of the Finance Advisory Committee Meeting held on 14 May 2015

File No: I2015/410

15-255

Resolved that Council note the minutes of the Finance Advisory Committee Meeting held on 14 May 2015. (Woods/Richardson)

15-256

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.1 2014/15 Financial Sustainability Project Plan - Update on the Action Implementation Plan as at 31 March 2015

File No: I2015/394

Committee Recommendation FAC 5.1.1

That the update report to 31 March 2015 on the 2014/2015 Financial Sustainability Project Plan Action Implementation Plan be received and noted. (Woods/Richardson)

15-257

Resolved that Council adopt the following Committee Recommendations:

Report No. 5.2 Budget Review - 1 January 2015 to 31 March 2015

File No: I2015/395

Committee Recommendation FAC 5.2.1

1. That Council note that it authorised the itemised budget variations as shown in Attachment 2 (#E2015/29355) which includes the following estimated results in the 31 March 2015 Quarterly Review of the 2014/2015 Budget:

a) General Fund - $1,000 increase in the accumulated surplus

b) General Fund - $1,241,600 decrease in reserves

c) General Fund - $1,240,600 decrease in the estimated cash position

d) Water Fund - $283,500 decrease in reserves

e) Sewerage Fund - $4,900 decrease in reserves

at its Ordinary meeting held on 21 May 2015.

2. That Council note that it adopted the revised estimated General Fund Accumulated Surplus/(Working Funds) surplus of $1,957,550 for the 2014/2015 financial year as at 31 March 2015 at its Ordinary meeting held on 21 May 2015. (Woods/Richardson)

Report No. 14.2 Report of the Internal Audit Advisory Committee Meeting held on 14 May 2015

File No: I2015/411

15-258

Resolved that Council note the minutes of the Internal Audit Advisory Committee Meeting held on 14 May 2015. (Woods/Richardson)

15-259

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.1 Internal Audit Report - Billing and Collections

File No: I2015/379

Committee Recommendation IAC 5.1.1

1. That the Internal Audit Report – Billing and Collections February 2015 be noted by Council along with responses and actions detailed by Management.

2. That Management implement the recommendations suggested in the report identified at Attachment 1 (E2015/26863). (Woods/Richardson)

15-260

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.2 Internal Audit Report May 2015

File No: I2015/388

Committee Recommendation IAC 5.2.1

That Council receive and note the Internal Audit Report – Audit Committee (May 2015) (#E2015/29416) prepared by the Internal Auditor, Grant Thornton. (Woods/Richardson)

15-261

Resolved that Council adopt the following Committee Recommendation:

Report No. 6.1 2014/2015 Audit Strategy

File No: I2015/368

Committee Recommendation 6.1.1

1. That Council note the Final Audit Strategy prepared by Thomas Noble and Russell for Byron Shire Council for the year ending 30 June 2015 as outlined in Attachment 1 (E2015/26523).

2. That the report and attachment 1 of the closed part of the meeting remain confidential.

(Woods/Richardson)

Report No. 14.3 Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 14 May 2015

File No: I2015/471

15-262

Resolved that Council note the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 14 May 2015. (Woods/Richardson)

15-263

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.1 South Byron Sewerage Treatment Plant Update – 14 May 2015

File No: I2015/351

Committee Recommendation 5.1.1

1. That the Arakwal MoU Advisory Committee note the progress on the demolishing of the South Byron Sewerage Treatment Plant.

2. That further consultation with Arakwal be required for Stage 2 of the project.

(Woods/Richardson)

15-264

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.2 Byron Bay Bypass Aboriginal Consultation Report 14 May 2015

File No: I2015/361

Committee Recommendation 5.2.1

1. That the Arakwal MoU Advisory Committee note the Aboriginal Consultation Process involved in the Byron Bay Bypass project to date.

2. That the Arakwal MoU Advisory Committee provide any further comments to Council staff regarding the Byron Bay Bypass Project.

3. That the Arakwal MoU Advisory Committee request consultation concerning replanting, beautification and revegetation along the road alignment. (Woods/Richardson)

15-265

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.3 Ti Tree Lake Aboriginal Place Project Report – 14 May 2015

File No: I2015/372

Committee Recommendation 5.3.1

1. That the Arakwal Memorandum of Understanding Committee (MoU) note the report on the Ti Tree (Taylor’s) Lake Aboriginal Place Plan of Management.

2. That the Arakwal Memorandum of Understanding Committee (MoU) endorse the Council’s participation in the Ti Tree (Taylor’s) Lake Aboriginal Place Plan of Management project.

(Woods/Richardson)

Reports of Committees - Infrastructure Services

Report No. 14.4 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 7 May 2015

File No: I2015/463

15-266

Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 7 May 2015. (Woods/Richardson)

15-267

Resolved that Council adopts the following Committee recommendation:

Report No. 5.1 Presentation by Manager Utilities Update on Various Topics

File No: I2015/369

Committee Recommendation 5.1.1

That the presentation to the Water, Waste and Sewer Advisory Committee be noted.

(Woods/Richardson)

Report No. 14.5 Report of the Community Infrastructure Advisory Committee Meeting held on 7 May 2015

File No: I2015/464

15-268

Resolved that Council note the minutes of the Community Infrastructure Advisory Committee Meeting held on 7 May 2015. (Woods/Richardson)

15-269

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.1 Update Report on Landslips

File No: I2015/288

Committee Recommendation 5.1.1

That the Community Infrastructure Advisory Committee note the information provided in the update report on landslips. (Woods/Richardson)

15-270

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.2 Rural Road Designs at Federal Drive and Bangalow Road

File No: I2015/348

Committee Recommendation 5.2.1

1. That the information provided about rural road designs at Federal Drive and Bangalow Road be noted.

2. That Council now move ahead with investigating land acquisition options for the designs.

3. That the design elements be progressed for consideration of project approval by Council.

(Woods/Richardson)

Confidential Reports - Infrastructure Services

Report No. 16.1 Confidential - Tender - Hire of Plant and Equipment Contract 2015-0007

File No: I2015/416

15-271

Resolved:

1. That Council award Contract 2015-0007 for the Hire of Plant and Equipment to all Tenderers as a Panel Contract in accordance with the contract documents and the rates and information supplied in their tenders.

2. That Council makes public its decision, including the name of the successful tenderers, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

(Woods/Richardson)

Report No. 16.2 Confidential - Tender - Truck Haulage Hire Contract 2015 - 0006

File No: I2015/417

15-272

Resolved:

1. That Council award Contract 2015 - 006 for Truck Haulage Hire to all Tenderers as a Panel Contract in accordance with the contract documents and the rates and information supplied in their tenders.

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)

Late Report

Report No. 17.1 Confidential - Sale of Land for Unpaid Rates

File No: I2015/485

15-273

Resolved:

1. That the land parcels numbered 1 through 16 in this Report be removed from the proposed sale on 18 July 2015.

2. That the offer of $5,000.00 in full discharge the rates and charges outstanding on Rate Assessment 1165232 be determined to be a satisfactory arrangement and thereby accepted with the balance of outstanding rates and charges ($2,879.16 at 11 June 2015) be written off.

3. That the rates and charges for Rate Assessment 1165307 ($5,587.19 at 11 June 2015) and Rate Assessment 183905 ($5,587.19 at 11 June 2015) be written off as these properties should be non-rateable. (Woods/Richardson)

Mayoral Minute

No. 8.1 Report on the Current and Proposed Resident Paid Parking Coupon

Moved: That council receive a report no later than 16 July 2015 meeting providing information pertinent to the current and proposed resident parking coupon system, and that the report, includes but is not limited to:

a) A financial snapshot of what the current resident parking coupon system costs per coupon

b) A financial projection of earnings from a resident parking coupon system with an increased charge of $100

c) A financial projection of earnings from a resident parking coupon system with an increased charge of $50

d) The infrastructure, maintenance and other costs, if any, involved to provide a self selecting sliding scale coupon system

e) What types and levels of concession is currently provided and the proposed types and levels of concession in any future resident parking coupon system

f) What payment options are possible e.g, quarterly instalments with rates

g) An overview of levels of resident parking coupon system charged by other similar coastal, tourist impacted councils, and that for councils who do not charge residents for parking coupons, a comparison of their level of rate charge.

h) The potential implications of utilising Butler Street reserve for all day parking, and providing a reduced resident parking coupon rate for residents.

i) An overview of what level of special rate levy would be required to equate to the difference in income from a $25, $50, and $100 resident parking coupon system.

j) Implications on businesses and residents maintaining numerous vehicles. (Richardson)

Procedural MotionS

15-274

Resolved that Cr Wanchap be granted a two minute extension to her speech. (Woods/Cubis)

The motion was put to the vote and declared carried.

15-275

Resolved that this matter rest on the table. (Richardson/Woods)

The motion was put to the vote and declared carried.

PRESENTATION

Signing of the Refugee Welcome Zone Declaration

The Mayor introduced guest speakers Leandro Mendes, Support Worker (Outreach) North Coast Settlement Service, Michael Douglas, President of Sanctuary Northern Rivers, Sarah from Sierra Leone and new citizen of Australia, and a representative from Mullumbimby Loves Refugees.

The Mayor then signed the Refugee Welcome Zone Declaration and thanked staff for their work on this matter.

Procedural Motion

15-276

Resolved that the Mayoral Minute be lifted from the table. (Richardson/Cubis)

The motion was put to the vote and declared carried.

Mayoral Minute

No. 8.1 Report on the Current and Proposed Resident Paid Parking Coupon

continued

15-277

Resolved that Council receive a report no later than 16 July 2015 meeting providing information pertinent to the current and proposed resident parking coupon system, and that the report, includes but is not limited to: