Ordinary Meeting
Minutes
16 July 2015
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 16 July 2015 COMMENCING AT 9.05AM AND CONCLUDING AT 4.30PM
I2015/713
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Cubis (arrived at 9.23am), 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:
13.8 PLANNING
- 10.2015.134.1 Multi dwelling development (3 units) at 29 Goondooloo Drive
Ocean Shores
Marshall Bown, Zenith Heights Pty Ltd addressed Council
in favour of the recommendation.
Gerard O’Donnell addressed Council against the
recommendation.
13.9 Renewal
of Caravan Park Approvals to Operate for the Terrace Reserve Holiday Park and
Massey Green Holiday Park
John Dunn, Brunswick Heads Progress Association addressed
Council in favour of the recommendation.
13.12 PLANNING
- 10.2014.503.1 Demolition of two (2) existing dwelling houses and shed/ bowls
room. Erection of tourist and visitor accommodation (5 x 1 bedroom and 3 x 2
bedroom cabins) and associated removal of trees at 18-20 Marvel Street & 19
Carlyle Street, Byron Bay
Jeff Barnes, Chairman of the Byron Bay Bowling Club, addressed
Council against the recommendation.
The meeting adjourned at 9.31am and reconvened at 10.01am.
Apologies
There were no apologies.
Requests
for Leave of Absence
Cr
Dey requested a leave of absence from 18 July to 17 August 2015.
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Procedural
Motion
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15-304
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Resolved that Cr Dey be granted a leave of absence
from 18 July 2015 to 17 August 2015.
(Richardson/Woods)
The motion was put to the vote and declared carried.
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Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Cubis declared a non-pecuniary interest in Report 13.8.
The nature of the interest being that the applicant may be a client (perceived
obligation). Cr Cubis elected to stay in the chamber, not participate in the
debate and not vote.
Cr Cubis declared a non-pecuniary interest in Report 13.12.
The nature of the interest being that he is a social member of the Club. Cr Cubis
elected to stay in chamber, participate in the debate and vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
15-305
|
Resolved that
the minutes of the following meetings be confirmed:
· Extraordinary
meeting held 10 July 2015
·
Byron Shire Reserve Trust Committee Meeting held 11 June 2015
· Ordinary
Meeting held 11 June 2015
· Extraordinary
Meeting held 25 June 2015 (Woods/Hunter)
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 Northern
Rivers Joint Organisation
Corporate and Community Services
Report No. 13.3 Local
Government NSW Annual Conference 2015
Sustainable Environment and Economy
Report No. 13.7 PLANNING
- Granting delegations to the General Manager to deal with Voluntary Planning
Agreements
Report No. 13.9 Renewal
of Caravan Park Approvals to Operate for the Terrace Reserve Holiday Park and
Massey Green Holiday Park.
Report
No. 13.12 PLANNING - 10.2014.503.1 Demolition of two
(2) existing dwelling houses and shed/ bowls room. Erection of tourist and
visitor accommodation (5 x 1 bedroom and 3 x 2 bedroom cabins) and associated
removal of trees at 18-20 Marvel Street & 19 Carlyle Street, Byron Bay
Report No. 13.14 PLANNING
- 82A Review 10.2014.714.1 Demolition of existing dwelling and garage and all
other structures at 9 Station Street Bangalow
Report No. 13.18 Heritage
Advisory Committee
Reports of Committees
Infrastructure Services
Report No. 14.3 Report
of the Local Traffic Committee Meeting held on 24 June 2015
6.1 Wilsons
Creek Public School Bus Zone Changes and New Bus Bay
6.2 Two
lanes inbound, Lawson Street, Byron Bay
6.3 NAIDOC
Event, Jonson Street Parade, Byron Bay 9 July 2015
6.4 Middleton
Street, Byron Bay - Changes and car park upon Crown Reserve
6.5 Byron
Bay Writers Festival, Bayshore Drive Traffic Management, 7-9 August 2015
6.6 Road
Closure, Byron Lighthouse Run, Byron Bay - Sunday
18 October 2015
6.7 10th
Annual Rainbow Ride Cycle Challenge, 20 September 2015
6.8 Request
for 60kph limit, Ewingsdale Road from Pacific Highway to west of McGettigans
Lane
6.9 Proposed
No Entry - Authorised Vehicles Excepted - Suffolk Park Holiday Park
6.10 Request
for time limit, Bayshore Drive, Arts and Industry Estate, Byron Bay
6.11 Request
for No Stopping Driveway Access to Bus Depot, 11-15 Smith Street, Mullumbimby
6.12 Proposed
driveway access, new aged care facility, Brunswick Valley Way, Ocean Shores
6.13 Proposed
speed humps, Bayshore Drive, north of rail line, Elements of Byron DA
6.14 Proposal
for Market Street turnaround, Bangalow Showgrounds
6.15 Proposed
one-way, Mullumbimbi Lane, Brunswick Heads
6.16 Endorsement
of existing front-in angled parking, Dalley Street, Mullumbimby
6.17 Proposed
Revised Regulatory Signposting for Scarrabelottis Bridge
6.18 Concept
Designs - Proposed Marine Parade Footpath and One-Way Traffic
6.19 Proposed
road closure Acacia Street, Arts and Industrial Estate, Byron Bay
Confidential Reports
Corporate and Community Services
Report No. 16.1 Confidential - Tender Assessment -
Supply, Installation and Maintenance of CCTV systems in Byron Bay
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Woods
and seconded by Cr Hunter. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 15-306 and concluding with
Resolution No. 15-322.
Staff Reports - Corporate and
Community Services
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Report No. 13.2 Outstanding
Actions from Cultural Plan
File No: I2015/473
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15-306
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Resolved:
1. That
Council note the provision of this report prepared in accordance with Parts 5
and 6 of resolution 14-246).
2. That
Council note that cultural development activities occur across a number of
Council directorates and that the Community Development team conduct a
variety of cultural development activities across a diverse number of areas
in the community
3. That
Council note the action plan and comments enclosed in the report regarding
public art and cultural development activities. (Woods/Hunter)
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Report No. 13.4 Policy
- Disposal of Assets
File No: I2015/498
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15-307
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Resolved:
1. That
Council adopt the draft Policy - Disposal of Assets for public exhibition and
that the draft Policy be placed on public exhibition for a minimum period of
28 days, noting that the completion of information in the administrative
table and numbering of the policy will be undertaken upon
adoption of the Policy.
2. That
in the event:
a) no
submissions are received on the draft Policy – Disposal of Assets, that
it be adopted and incorporated into Council’s Policy Register.
Or
b) that
any submissions received on the draft Policy – Disposal of Assets be
reported back to Council for consideration prior to its adoption. (Woods/Hunter)
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Report No. 13.5 Council
Investments June 2015
File No: I2015/606
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15-308
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Resolved that the report listing Council’s
investments and overall cash position as at 30 June 2015 be noted. (Woods/Hunter)
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Report No. 13.6 Positive
Ageing Strategy 2012-2016 Implementation plan Progress Report
File No: I2015/610
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15-309
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Resolved that Council note the progress on
implementation of the Byron Shire Council Positive Ageing Strategy 2012-2016
for the period July 2013 to July 2015. (Woods/Hunter)
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staff Reports - Sustainable
Environment and Economy
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Report No. 13.8 PLANNING
- 10.2015.134.1 Multi dwelling development (3 units) at 29 Goondooloo Drive
Ocean Shores
File No: I2015/425
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Cr Cubis declared a non-pecuniary
interest earlier in the meeting.
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15-310
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Resolved that pursuant to Section 80 of the Environmental
Planning & Assessment Act 1979, development application no. 10.2015.134.1 for Multi dwelling development (3 units), granted
deferred commencement (deferral period 12 months) consent, subject to the conditions listed in Attachment
2. (Woods/Hunter)
The motion was put to the
vote and declared carried.
Crs Ibrahim,
Dey, Woods, Richardson, Cameron, Wanchap, Spooner and Hunter voted in favour
of the motion.
Nil voted against the motion.
Cr Cubis did not vote.
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Report No. 13.10 Report
of the Planning Review Committee Meeting held on 4 June 2015
File No: I2015/487
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15-311
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Resolved that the report be noted. (Woods/Hunter)
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.
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Report No. 13.11 Report
of Sustainable Economy Committee Meeting 4 June 2015
File No: I2015/496
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15-312
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Resolved:
1. That
Council:
a) Note
the selected representatives as described in this report for the Sustainable
Economy Committee; and
b) Amend
the Terms of Reference – Committee membership, to include three community
members on the committee.
2. That
Council endorse Cr Simon Richardson as the nominated Chair.
3. That
Council amend the Terms of Reference on Section 3, bullet point 4, by adding
the word ‘advice’ so the point reads; “Providing advice and
assistance with implementation of strategies and actions within the Byron
Shire Economic Development Strategy, the Tourism Management Plan, Events
Strategy and any other plans relevant to the Economic Development &
Tourism unit of Council”. (Woods/Hunter)
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Report No. 13.13 PLANNING
- 10.2007.286.3 S96 application to modify the development consent to create
an additional (34th) residential allotment in the location approved for
community facilities and modify staging of construction at Hayters Drive,
Suffolk Park
File No: I2015/552
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15-313
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Resolved that pursuant to Section 96 of the Environmental
Planning & Assessment Act 1979, that application 10.2007.286.3 for creation of an additional (34th)
residential allotment, be approved by modifying development consent 10.2007.286.2 as detailed in Attachment 2 (E2015/40638).
(Woods/Hunter)
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.
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Report No. 13.15 PLANNING
- S96 10.2000.348.7 to delete condition B8 (Access and crossing over creek)
and accept a cash contribution at 220-231 Fowlers Lane, Bangalow
File No: I2015/558
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15-314
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Resolved that pursuant to Section 96 of the Environmental
Planning & Assessment Act 1979, that Section 96 Application 10.2000.348.7,
to delete requirement to construct creek
crossing works and accept a cash contribution instead, be refused for the
following reasons:
1. The modification is not to correct a minor error,
misdescription or miscalculation, and therefore cannot be dealt with under
Section 96(1) of the Environmental Planning and Assessment Act 1979.
2. A statement
signed by the owner of the land, to the effect that the owner consents to the
making of the application, was not provided with the Section 96(1)
Application, as required under Clause 115 of the Environmental Planning and
Assessment Regulation 2000.
3. None of
Council’s current or previous Section 94 Plans allowed Council to
impose conditions of development consent to collect monetary payment to fund
the upgrading of the subject causeway. (Woods/Hunter)
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.
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Report No. 13.16 PLANNING
- 10.2013.132.3 - S96 to delete requirement to construct creek crossing at
220 Fowlers Lane Bangalow
File No: I2015/559
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15-315
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Resolved that pursuant
to Section 96 of the Environmental Planning & Assessment Act 1979, that
Section 96 Application 10.2013.132.3, to delete requirement to construct creek crossing works and accept a cash
contribution instead, be refused for the following reasons:
1. The modification is not
to correct a minor error, misdescription or miscalculation, and therefore
cannot be dealt with under Section 96(1) of the Environmental Planning and
Assessment Act 1979.
2. A
statement signed by the owner of the land, to the effect that the owner
consents to the making of the application, was not provided with the Section
96(1) Application, as required under Clause 115 of the Environmental Planning
and Assessment Regulation 2000.
3. That
Council’s current Section 94 Plan does not allow Council to impose
conditions of development consent to collect monetary payment to fund the
upgrading of the subject causeway. (Woods/Hunter)
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.
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Report No. 13.17 PLANNING
- 10.2014.398.1 Motel - two storey 16 guest rooms with a roof top terrace and
basement parking for 27 cars at 3-7 Shirley Street, Byron Bay
File No: I2015/561
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15-316
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Resolved that pursuant
to Section 80 of the Environmental Planning & Assessment Act 1979,
development application 10.2014.398.1 for Motel - two storey 16 guest rooms with a roof top terrace and
basement parking for 27 cars, be granted a deferred commencement consent
subject to the conditions listed in Attachment 2. (Woods/Hunter)
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.
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Reports
of Committees - Sustainable Environment and Economy
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Report No. 14.1 Report
of the Biodiversity and Sustainability Advisory Committee Meeting held on 14
May 2015
File No: I2015/421
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15-317
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Resolved that Council note the minutes of the
Biodiversity and Sustainability Advisory Committee Meeting held on 14 May
2015. (Woods/Hunter)
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Reports
of Committees - Infrastructure Services
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Report No. 14.2 Report
of the North Byron Coastal Creeks Flood Risk Management Committee Meeting
held on 23 June 2015
File No: I2015/621
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15-318
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Resolved that Council
note the minutes of the North Byron Coastal Creeks Flood Risk Management
Committee Meeting held on 23 June 2015. (Woods/Hunter)
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15-319
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Resolved that Council adopt the following Committee Recommendation:
Report
No. 5.1 North Byron Coastal Creeks Draft Flood Study
Review
File No: I2015/470
That Council notes:
1. that
there are discrepancies in the draft Flood Study for the 1987 flood in Mullumbimby
that require verification of divergent sets of data.
2. that
the Committee will meet again on 18 August 2015 to see the results of the verification
and a new draft Flood Study. (Woods/Hunter)
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Confidential Reports - Corporate
and Community Services
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Report No. 16.2 Confidential - Tender Assessment
Management Agreement, Mullumbimby Petria Thomas Swimming Pool
File No: I2015/649
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15-320
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Resolved:
1. That
Council award the Tender for the Mullumbimby Petria Thomas Swimming Pool
Management Agreement to Croggy Aquatics Pty Ltd.
2. That
Council note the total cost of the tender is an annual management fee of
$182,000, plus a one off establishment fee of $35,000.
3. 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) Regulations 2005.
4. That
Council receive, at the next quarterly budget review, the necessary budget
adjustments to reflect the anticipated expenditure savings achieved with the
new Management Agreement for Mullumbimby Petria Thomas Swimming Pool. (Woods/Hunter)
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Confidential
Reports - Infrastructure Services
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Report No. 16.3 Confidential - Tender - Hire of Plant
and Equipment Contract 2015-0007
File No: I2015/548
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15-321
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Resolved:
1. That
Council include the eight (8) omitted Tenderers on the Panel Contract for the
Hire of Plant and Equipment Tender 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/Hunter)
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Procedural
Motion
|
15-322
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Resolved that
Council change the order of business to deal with Reports 13.9 and 13.12 next
on the Agenda. (Richardson/Woods)
The motion was put to the vote and declared carried.
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.9 Renewal
of Caravan Park Approvals to Operate for the Terrace Reserve Holiday Park and
Massey Green Holiday Park.
File No: I2015/413
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15-323
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Resolved:
1. That
Council advise the applicant for the Crown Reserve Holiday Parks of Massey
Greene and The Terrace, Brunswick Heads that the application for renewal or
extension of the Approval to Operate cannot be approved, as the requested
Approval to Operate has significant variances found during the independent
assessments, that would require changing the terms of the original approval
to operate.
2. That
the applicant be invited to submit new applications for approval to operate
which reflects the site layout which are consistent with the respective
adopted Plans of Management for the Massey Greene and The Terrace Crown Reserve
caravan parks and the boundaries as defined in Council's previous Resolutions
13-25, 12-995 and 12-627.
(Richardson/Ibrahim)
The motion was put to the
vote and declared carried.
Cr Woods voted against the
motion.
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Report No. 13.12 PLANNING
- 10.2014.503.1 Demolition of two (2) existing dwelling houses and shed/
bowls room. Erection of tourist and visitor accommodation (5 x 1 bedroom and
3 x 2 bedroom cabins) and associated removal of trees at 18-20 Marvel Street
& 19 Carlyle Street, Byron Bay
File No: I2015/551
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Cr Cubis declared a non-pecuniary
interest earlier in the meeting.
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15-324
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Resolved that
pursuant to Section 80 of the Environmental Planning & Assessment Act
1979, development application 10.2014.503.1 for demolition of two (2)
existing dwelling houses and shed/bowls room, erection of tourist and visitor
accommodation (5 x 1 bedroom and 3 x 2 bedroom cabins) and associated removal
of trees, be approved as an ancillary development to the bowling club and
that the General Manager be delegated authority to draft the conditions of
consent, with those conditions to include the following:
1. That
prior to the issue of an Occupation Certificate, Lot 1 DP 527315, Lot 2 DP
867038 and Lot 11 Section 32 DP 758207 are to be consolidated into a single
allotment.
2. That
the accommodation is to be used for the purpose of visiting bowlers or for
functions related to the licensed premises only.
(Hunter/Cubis)
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Procedural
MotionS
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Moved: That the matter rest on the table. (Cameron/Dey)
The motion was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap, Spooner and Hunter
voted against the motion.
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15-325
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Resolved that
Cr Cubis be granted a two minute extension to his speech. (Richardson/Woods)
The motion was put to the vote and declared carried.
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The motion (Hunter/Cubis) was put to the vote and
declared carried.
Cr Cameron voted against the motion.
Mayoral
Minute
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No. 8.1 LTC
Late Item - Road Closure Burringbar Street, Mullumbimby 29 August 2015
File No: I2015/714
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15-326
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Resolved:
1.
That the Local Traffic Committee acceptance of the following be noted.
2.
That the road closure of Burringbar Street, Mullumbimby between
Station Street and Dalley Street, be endorsed and implemented from 3pm
onwards on Saturday 29 August 2015 and up to 2am Sunday 30 August 2015 for
the purpose of the Mullumbimby Chamber of Commerce event ‘Biggest
Little Banquet’ as to be held 29 August 6pm-11pm.
3.
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 road event application fee will apply.
4.
That the public liability and insurance cover held by the proponent
“notes the interests of Byron Shire Council” and be in place for
the sum of at least $20 million with a copy be provided to Council prior to
the event.
5.
That the concurrence of the NSW Police be sought by the organisers,
independent of the Local Traffic Committee endorsement.
6.
That Council arrange advertising in accordance with the Roads Act
charged at cost to the organisers.
7. That
the event be notified on Council's website. (Richardson)
Cr Ibrahim left chamber at
11.08am.
The motion was put to the vote and declared carried.
Cr Ibrahim was not present for the vote.
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Notices
of Motion
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Notice of Motion No. 9.1 Meetings
throughout the Shire
File No: I2015/465
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15-327
|
Resolved that Council:
1. Amend
the adopted Meeting Schedule for 2015 to hold the 8 October 2015 Ordinary
Meeting starting at 4.00pm and completing no later than 10.00pm at a
location, to be determined by the General Manager, in Bangalow.
2. Subject
to an evaluation report to Council after the first meeting, consider holding
two additional Ordinary meetings over the next 12 months; one in Ocean Shores
and one in Byron Bay.
3. Determine
the dates for the Ordinary meetings to be held in Ocean Shores and Byron Bay
when adopting the Ordinary Meeting Schedule for 2016. (Cubis/Woods)
Cr Ibrahim returned to the chamber at 11.10am.
The motion was put to the vote and declared carried.
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Notice of Motion No. 9.2 BMX
Track
File No: I2015/506
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15-328
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Resolved that Council
receive a report on the implications of facilitating a BMX track or pump
track within the Shire and to list possible locations. (Cubis/Woods)
The motion was put to the vote and declared carried.
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Notice of Motion No. 9.3 Citizen
Jury - Byron People's Forum
File No: I2015/639
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Moved: That
Council receive a staff report on the formation of a Citizen Jury to be
called the ‘Byron People’s Panel’. The identified task of
the panel would be to recommend to Council ‘financial and
implementation plans to deliver the outcomes and strategies identified by
Council following the adoption of the Byron Bay Town Centre Masterplan.' (Spooner/Dey)
The Mayor left the chamber at 11.42am. The Deputy Mayor
took the Chair. The Mayor returned at 11.45am.
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Procedural
Motion
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15-329
|
Resolved that Cr Cameron
be granted a two minute extension to his speech.
(Richardson/Wanchap)
The motion was put to the vote and declared carried.
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The motion (Spooner/Dey) was put to the vote and declared
lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted
against the motion.
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Notice of Motion No. 9.4 Main Arm
Road flooding
File No: I2015/640
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15-330
|
Resolved that
Council:
1. When choosing
the level of flood immunity for the proposed upgrade to the causeway on Main
Arm Road over Blindmouth Creek, include consideration of the actual
flood immunity along the rest of Main Arm Road (ie up and down the Brunswick
Valley);
2. In particular,
calculate the level of flood immunity of the road section near 470 Main Arm
Road for that purpose;
3. Survey the road
section near that location so that flooding impacts can be assessed and
upgrade options considered and designed;
4. If detailed
hydraulic modelling at that location is onerous, a simple relationship be
considered whereby gauge height of 2.5m at the nearby government Gauging
Station at Sherry Crossing is taken to approximate the "water over
road" condition;
5. Receive a report
on parts 2 to 4 of this resolution;
6. Receive a
report on options for more modern warning system(s) across the Shire than the
current permanent flip-down signing and portable signing like "water
over road". The report is to also propose a program for upgrading
the Shire’s flood signage if and where appropriate. (Dey/Cameron)
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Procedural
Motion
|
15-331
|
Resolved that
Cr Dey be granted a two minute extension to his speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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The motion (Dey/Cameron) was put to the vote and declared
carried.
Crs Ibrahim, Cubis, Woods and Hunter voted against the
motion.
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Notice of Motion No. 9.5 Middleton
Street carpark
File No: I2015/641
|
|
Moved: That Council
receive a report in August or September on the conflict between expansion as
currently proposed for this foreshore carpark and the Byron Bay Town Centre
Masterplan. (Dey/Richardson)
The motion was put to the vote and declared lost.
Crs
Ibrahim, Cubis, Woods, Cameron, Wanchap and Hunter voted against the motion.
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The
meeting adjourned at 12.40 lunch and reconvened at 1.25pm.
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Notice of Motion No. 9.6 Support
for Waterlily Community Playspace
File No: I2015/642
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15-332
|
Resolved that
Council:
1. Supports
the endeavours of Waterlily Community Playspace to establish a play area in
Waterlily Park, Ocean Shores.
2. Develops
a formal relationship with Waterlily Community Playspace, as they are an
independent community group formed to work on and improve a Council asset.
(Richardson/Woods)
The motion was put to the vote and declared carried.
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Petitions
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Petition No. 10.1 Mullumbimby
Flying Fox Colony
File No: I2015/477
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15-333
|
Resolved:
1. That
the petition regarding the Mullumbimby Flying Fox Colony be noted.
2. That
the petition be referred to the Director Infrastructure Services.
3. That
the petitioner be kept informed on Council’s progress in this matter.
(Richardson/Woods)
The motion was put to the vote and declared carried.
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1. Repair
of Mullumimbi and Fingal Streets Brunswick Heads
The Mayor
tabled a letter and petition containing 373 signatures. The petition states:
“Urgently prioritise repair of Mullumbimby and Fingal
Streets (between Park Street and Tweed Street), Brunswick Heads.”
2. Public
paid parking forum (change.org)
The Mayor
tabled a request and petition containing 1013 signatures.
The request states:
·
Full disclosure of Council’s plans for paid parking in
Byron Bay
·
Options for improving and parking amenity in Byron Bay with
additional free parking spaces
·
How council can raise additional revenue without invoking an
expansion of paid parking in Byron Bay
·
How any parking plan can
function to increase compliancy rather than parking infringements.
The petition states:
“We hereby request Byron Shire Council to
reject expansion of paid parking in Byron Bay for any legal resident or
ratepayer of Byron Shire.”
Submissions
and Grants
There were no submissions or grants.
Delegates'
Reports
1. Rous Water Meetings 17 June and 3 July 2015
Cr Dey advised Council:
We met on the 17th of June, that was an Ordinary
Meeting. Couple of interesting items: one is a rezoning in Lismore City Council
area at Bexhill. There’s a rezoning that’s underway and they asked
Rous Water to supply water to those houses but Rous Water has an issue in that
it already supplies Bexhill but there’s no reservoir so it supplies
houses direct from the main pipe line, which has huge fluctuations of pressure.
So Rous then had to consider the expansion of its systems to include building a
reservoir.
There was all sorts of to-ing and fro-ing and consultants
reports on how best to do that as well as everything else and in the end the
decision was made to simply suspend examining the expansion and leave it up to
the Council and the developer to move ahead and ask what they want done.
The other interesting item in that report is there’s a
tunnel that extracts water from Rocky Creek Dam. I forget how long it is, about
100 metres and it’s been changed over time. When Nightcap Water Treatment
Plant was built they drove a vertical shaft from the treatment plant to gather
water from the horizontal tunnel that I’m talking about, and in that
tunnel there is an old pipeline. A few years ago was the last time that anyone
entered the tunnel because it was deemed unsafe to enter it. So there’s
probably about $5million needing to be spent to either replace or expand or
make safe that horizontal tunnel. Anyway, its interesting bits of hardware.
The other thing from Rous was that we met on the 3rd
of July for a workshop which was a presentation on structural review of Rous
and there are some changes that will happen I’m sure in the structure of
Rous. I think the biggest thing I can reflect on was that it was deemed a bit
top heavy so the structural changes will retain the expertise and the systems
of command but reduce the number of people doing all that which is a good
thing.
Cr Woods also advised Council:
Approval has been given to go out on public exhibition for
the merger between Rous Water, Northern Rivers County Council and Far North
Coast Weeds that’s going ahead.
They are three county councils and the two smaller ones
share the administration of the larger one but there’s inefficiencies.
Each one of them has to do annual reporting and if they’re merged
that’ll just become one document which is $130,000 a year
that’s saved just on that, just on administration.
2. Mullumbimby Civic Hall
Cr Dey advised Council:
A new manager has been appointed. Council appointed the
manager for 12 months, a woman called Heather Rose and she’s now active (started
1st July) so I’d encourage everybody who has a gig on,
especially you Cr Spooner, to take it to the Mullumbimby Civic Hall.
It’s a great venue.
3. North Byron Coastal Creeks Flood Risk Management
Committee Meeting 14 May 2015
Cr Dey advised Council:
I think it’s reported already in our paper, but the
report wasn’t called, so I just thought I’d highlight in relation
to the coastal creeks, the town of Mullumbimby has been waiting for years to
get a new flood planning level so that people can develop to decent levels, and
we’re doing a flood study at the moment. It’s been back and forth
several times. There’s often been delays of several months but the report
was still in such a state, and you’ll read this in the papers, that it
had to be sent back again for more changes. I’m hoping if they can get it
right this time that we’ll reach the end of this process. I personally
would have been quite happy to take a report that was a little bit off the mark
just to get it done because people have been waiting so long, and it’s
too long, but it was so off the mark its had to go back to the workshop.
One of my comments on this has been that we have engaged a consultant
who has within its ranks, people who are at the top of the field of flood
investigations. But we’re not getting that quality of work and
haven’t raised it in other forums but I’ve said privately that I
think that when consultants are performing so poorly that there needs to be a
black mark against them. It’s not up to me to do that I don’t
think, but that’s how I feel about it. I feel so let down on behalf of
this community.
We’ve still got flood levels in the town of
Mullumbimby based on 1980’s information and this has been coming for
years, and I regret that it’s not with us now, but I hope that it will be
pushed and we’ll get a result as soon as possible.
Staff
Reports - General Manager
|
Report No. 13.1 Northern
Rivers Joint Organisation
File No: I2015/547
|
15-334
|
Resolved that Council
endorse the proposed Northern Rivers Joint Organisation minimalist model as
proposed in NOROC's Discussion Paper except as follows:
a) Executive
Officer initially part-time but not necessarily paid as much as Director
level;
b) Core
Function Regional Advocacy first bullet on page 41 "to promote the
JO". This should read to promote the region and its Councils instead. (Dey/Richardson)
The motion
was put to the vote and declared carried.
Crs Woods,
Cameron and Spooner voted against the motion.
|
FORESHADOWED
MOTION
15-335
|
Resolved that
a Councillor workshop be held to discuss the broader economic, social and
cultural aspects of a future Joint Organisation as described in NOROC’s
JO discussion paper.
(Cameron/Woods)
The motion was put to the
vote and declared carried.
|
The meeting adjourned at 2.25pm to open the Byron Shire
Reserve Trust Committee Meeting and reconvened at 2.35pm.
Resolution 15-336 was used for that meeting.
Staff Reports
- Corporate and Community Services
|
Report No. 13.3 Local
Government NSW Annual Conference 2015
File No: I2015/474
|
15-337
|
Resolved: that
Council authorise the following Councillors to attend the Local Government
Association of NSW Annual Conference 2015 to be held at Rosehill, Sydney NSW
from
11 to 13 October 2015:
· Crs
Cubis, Cameron and Hunter to attend as the voting delegates and Cr Richardson
as a non-voting delegate. (Woods/Cameron)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
Report No. 13.7 PLANNING
- Granting delegations to the General Manager to deal with Voluntary Planning
Agreements
File No: I2015/500
|
15-338
|
Resolved:
1. That
Council delegate to the General Manager authority to enter into a Voluntary
Planning Agreement (VPA) with a developer where:
a) The
VPA is for the payment of contribution in lieu of provision of onsite car
parking for commercial developments; and
b) The
rate of payment per space or part thereof offered by the developer in the VPA
is at the rates as set out in Table 2 of this report (I2015/500), or any
update of that Table.
2. That
a workshop is held with councillors to review the methodology around
collection of parking contributions generally in the Shire. (Ibrahim/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.
Nil voted against the motion.
|
|
Report No. 13.14 PLANNING
- 82A Review 10.2014.714.1 Demolition of existing dwelling and garage and all
other structures at 9 Station Street Bangalow
File No: I2015/557
|
15-339
|
Resolved: that
pursuant to section 80 of the Environmental Planning & Assessment Act
1979, development application 10.2014.714.1 for demolition of existing
dwelling and garage and all other structures at 9 Station Street Bangalow be
approved subject to the conditions set out as the alternative in the staff
report. (Ibrahim/Cubis)
The motion was put to the
vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Wanchap, Spooner and
Hunter voted in favour of the motion.
Crs Richardson and Cameron voted against the motion.
|
|
Report No. 13.18 Heritage
Advisory Committee
File No: I2015/592
|
15-340
|
Resolved:
1. That
Section 3 “Membership” of the draft Byron Shire Heritage Advisory
Committee Terms of Reference at Attachment 1 be amended as follows:
a) Specify
the Councillor member number as three;
b) Up
to three Community members
2. That
Council adopt the amended draft Byron Shire Heritage Advisory Committee Terms
of Reference at Attachment 1 noting that in Section 3
“Membership” the community representatives composition is
incomplete and will require confirmation through an advertised expression of
interest process.
3. That
the process at Table 1 be implemented for establishing the Byron Shire
Heritage Advisory Committee, which includes delegating authority to the
Councillor members of the Heritage Advisory Committee to convene and
determine the Community Members through assessing the expressions of interest.
4. That the Councillor members for
this committee are Crs Cameron, Richardson and Hunter.
(Cubis/Richardson)
The motion was put to the
vote and declared carried.
|
|
Report No. 14.3 Report
of the Local Traffic Committee Meeting held on 24 June 2015
File No: I2015/622
|
15-341
|
Resolved that Council notes the minutes of the Local
Traffic Committee Meeting held 24 June 2015. (Dey/Woods)
The motion was put to the
vote and declared carried.
|
15-342
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.1 Wilsons Creek Public School Bus Zone Changes and
New Bus Bay
File No: I2015/566
1. That
the new school side bus bay at Wilsons Creek Public School be endorsed and
signed as a bus zone, effective school days 8.45am-9.45am and 3.30pm-4.00pm
(subject to confirmation with the School).
2. That
Council note that there remain safety issues that will be overcome by having
the westbound bus able to turn around east of the School, which if occurs
would remove the need to consider a contra flow which is not supported by the
Local Traffic Committee at this time.
3. That
Council note that staff will investigate further grant opportunities to
achieve the safety described in point two.
4. That
once works are complete Council examine procedures, such as contra flow for
the buses or other possible options, to minimise risk to the children and the
need for them to cross the road.
5. That
following completion of the bus bay, staff examine parking options west of
the School, including safety and sightlines. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-343
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 6.3 NAIDOC Event, Jonson
Street Parade, Byron Bay 9 July 2015
File No:
I2015/568
That Council
endorses the NAIDOC Celebration, Street Walk and Family Day to be held in
Byron Bay on Thursday 9 July 2015, subject to the:
a) use of an accredited designed and
implemented Traffic Control Plan, OR under Police escort
b) event being advertised in the local
newspaper and notified on Council's website
c) consideration of any submissions
received
d) proponent’s lodgement of current
and appropriate levels of insurance and liability cover
e) attainment (by the event proponent) of
written authority to hold the street walk from the Police (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-344
|
Resolved that
Council adopt the following Committee Recommendation:
Report
No. 6.4 Middleton Street, Byron Bay - Changes and Car Park
Upon Crown Reserve
File No: I2015/569
1. That
Council notes that the Local Traffic Committee prefers Option 1 for proposed
changes to the north end of Middleton Street, Byron Bay, including
consideration of a turning circle or roundabout for traffic at the Bay Lane
– Middleton Street intersection.
2. That
such changes be the subject of an approved detailed design, including line
marking and signage, all of which can proceed subject to meeting of standards
and that adequate ‘One-Way’, ‘No Entry’, and
‘Road Ends’ signage and pavement marking be provided where
required.
3. That
‘No Stopping’ be endorsed for the west side of Middleton Street,
between Bay Street and Bay Lane. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-345
|
Resolved that Council
adopt the following Committee Recommendation:
Report
No. 6.5 Byron Bay Writers Festival, Bayshore Drive Traffic
Management, 7-9 August 2015
File No: I2015/570
That Council
approves the temporary traffic control measures related to the August 2015
Byron Bay Writers Festival subject to the:
a) use of an accredited designed and
implemented Traffic Control Plan
b) meeting of the advertising requirements of
the Roads Act 1993
c) consideration of any submissions received
d) event being notified on Council's website
e) timely lodgement of current and appropriate
levels of insurance and liability cover
(Dey/Woods)
The motion was put to the vote and declared carried.
|
15-346
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.6 Road Closure, Byron Lighthouse Run, Byron Bay -
Sunday
18 October 2015
File No: I2015/571
That Council
endorses the 10km Byron Lighthouse Fun Run to be held in Byron Bay on Sunday
18 October 2015, subject to:
a) the use of an accredited designed and implemented
Traffic Control Plan;
b) meeting of the advertising requirements of
the Roads Act 1993;
c) the event being notified on Council's
website;
d) consideration by Council staff should any
submissions be received;
e) the proponent’s lodgement of current
and appropriate levels of insurance and liability cover; and
f) the
attainment (by the event proponent) of Cape Byron Headland Trust written
concurrence of the event. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-347
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.7 10th Annual Rainbow Ride Cycle Challenge, 20
September 2015
File No: I2015/572
That the temporary traffic
arrangements for the Rainbow Ride Cycle Challenge be endorsed for Sunday 20
September 2015, including the road closure of William Flick Lane, Ewingsdale
between 9am and 3pm, subject to the:
a) use
of accredited designed and implemented traffic control plans that comply with
the NSW Guidelines for Bicycle Road Races
b) organisers
implementing plans for signage, motor escort, advertising and other details
as proposed in their submission
c) public
liability insurance being current and not less than $20 million
d) concurrence
of the Police and RMS, independent of the Local Traffic Committee endorsement
e) advertising
in accordance with the Roads Act 1993
f) event
and road closure being notified on Council's website
g) proponent
providing Council a copy of written acceptance of the road closure from the
relevant RMS manager or their nominated representative overseeing the Pacific
Highway upgrade (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-348
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.8 Request for 60kph limit, Ewingsdale Road from
Pacific Highway to west of McGettigans Lane
File No: I2015/573
That Council supports the Local
Traffic Committee endorsement that the existing 60kph speed limit on
Ewingsdale Road, Ewingsdale west of Woodford Lane be extended 270m eastward
to the western boundary of the new Ambulance Station allotment, once the
Byron Central Hospital roundabout is operational and subject to RMS approval.
(Dey/Woods)
The motion was put to the vote and declared carried.
|
15-349
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.9 Proposed No Entry - Authorised Vehicles Excepted - Suffolk
Park Holiday Park
File No: I2015/574
1. That
the Council owned land which operates the Suffolk Park Holiday Park, as
located at 143 Alcorn Street, Suffolk Park (Parcel Number 237911, Lot 100, DP
1023737), be endorsed and signed as ‘No Entry – Authorised
Vehicles Excepted’.
2. That
Council note the Local Traffic Committee preference for the sign or signs to
be located inside the property near the office and not on Alcorn Street. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-350
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.10 Request for Time Limit, Bayshore Drive, Arts and Industry
Estate,
Byron Bay
File No:
I2015/577
1. That
‘No Stopping’ apply for a 15m length on the west side of Bayshore
Drive, north of Grevillea Street, Byron Bay.
2. That
‘No Parking’ be signed for the length of the bus stop, which is
to be demarcated by a single J-Pole, relocated south of its existing site on
the west side of Bayshore Drive to 30m north of Grevillea Street, Byron Bay.
3. That
on the west side of Bayshore Drive, between 35m and 77m north of Grevillea
Street, Byron Bay a 1P time limit be signed as effective Monday to Friday 9am
to 6pm and Saturday 9am to 12.00 noon, conforming with such limits nearby.
4. That
consultation with all tenants with access to and from the west side of
Bayshore Drive (between Grevillea Street and Banksia Street) and those on
Banksia Drive (between Bayshore Drive and Acacia Street) be undertaken to
ascertain support of adopting such time limits. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-351
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.11 Request for No Stopping Driveway Access to Bus Depot, 11-15
Smith Street, Mullumbimby
File No: I2015/578
1. That
‘No Stopping’ apply on the north side from 5m west of the
driveway of number 11 Smith Street to 5m east of the driveway of number 15
Smith Street, Mullumbimby.
2. That
Council review the new arrangement, including the potential physical changes
to driveway access. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-352
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.11 Request for No Stopping Driveway Access to Bus Depot, 11-15
Smith Street, Mullumbimby
File No: I2015/578
1. That
‘No Stopping’ apply on the north side from 5m west of the
driveway of number 11 Smith Street to 5m east of the driveway of number 15
Smith Street, Mullumbimby.
2. That
Council review the new arrangement, including the potential physical changes
to driveway access. (Dey/Woods)
The motion was put to the vote
and declared carried.
|
15-353
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.12 Proposed Driveway Access, New Aged Care Facility, Brunswick
Valley Way, Ocean Shores
File No: I2015/580
That subject to meeting the
AustRoads standard for driveway design and sight distances and the separate
attainment of RMS s138 Roads Act concurrence, an unrestricted driveway access
on Brunswick Valley Way be supported at the south end of the property of 2
Kulgun Court, Ocean Shores (Lot 12 DP 1128095, Parcel No. 240483). (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-354
|
Resolved that Council
adopt the following Committee Recommendation:
Report
No. 6.13 Proposed Speed Humps, Bayshore Drive, North of Rail Line,
Elements of Byron DA
File No: I2015/581
That Council notes that the
Local Traffic Committee has no objections to the speed humps proposed for
Bayshore Drive, Byron Bay, north of the rail line, on the proviso they accord
with relevant standards, guidelines and any DA conditions. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-355
|
Resolved that Council
adopt the following Committee Recommendation:
Report
No. 6.14 Proposal for Market Street turnaround, Bangalow Showgrounds
File No: I2015/582
That consultation be
undertaken with the adjacent School and neighbours, including the Showground
Trust (or s355 Committee), and report back to Council in regard to
restricting car parking and improving traffic flow upon Market Street,
Bangalow, including the potential for the provision of vehicle turning circle
at its northern end. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-356
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.15 Proposed One-Way, Mullumbimbi Lane, Brunswick Heads
File No: I2015/583
1. That
a public notice, along with direct consultation with adjacent and
neighbouring properties (those located on Park Street between Mullumbimbi Street
and Fingal Street), the Brunswick Heads Chamber of Commerce and Progress
Association, be undertaken in regard to the resident proposal to make
Mullumbimbi Lane, Brunswick Heads one-way from Tweed Street to Park Street.
2. That
the results of the above consultation be tabled and reported back to Council
when completed and to the Local Traffic Committee if required. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-357
|
Resolved that Council adopt the following Committee Recommendation:
Report
No. 6.16 Endorsement of Existing Front-In Angled Parking, Dalley
Street, Mullumbimby
File No: I2015/585
That parking be signed as
‘front to kerb’ on Dalley Street, Mullumbimby from 10m south of
Whian Street to the north side of the driveway at 140 Dalley Street. (Dey/Woods)
The motion was put to the vote and declared carried.
|
15-358
|
Resolved that
Council adopt the following Committee Recommendation:
Report
No. 6.17 Proposed Revised Regulatory Signposting for Scarrabelottis
Bridge
File No: I2015/602
That Council supports the Local Traffic
Committee endorsement that risk measures are implemented at Scarrabelottis
Bridge, being a 20km/h speed limit on the bridge structure and a revised
bridge load limit, in accordance with the outcomes of the structural
assessment being undertaken in July 2015, subject to RMS approval if
required. (Dey/Woods)
The motion was put to the vote and declared carried.
|
FORESHADOWED MOTION
15-359
|
Resolved that
Council adopt the following:
Report
No. 6.2 Two Lanes Inbound, Lawson Street, Byron Bay
File No: I2015/567
1. That
the GHD engineering design plan for the proposed ‘Two Lanes Inbound
(Lawson Street, Byron Bay)’ be endorsed for the creation of a second
inbound lane on Lawson Street, Byron Bay, commencing from 50m north of the
Butler Street roundabout and continuing east to the existing two lane
configuration west of the Jonson Street roundabout, including:
a) the existing No Stopping on the
east side of Shirley Street be extended further north of the Butler Street
roundabout to the driveway of 3 Shirley Street (approximately a 40m extension
resulting in a loss 5 car spaces)
b) a new ‘left turn
only’ lane
c) left in and left out movement
only allowed on the Lawson Street access and egress locations at the First
Sun Caravan Park and the Caltex Service Station, both of which lose their
protected on-street right-turn bays; and
d) acceptance the design does
not and cannot provide for or include dedicated on road cycling space due to
limited, existing road width.
e) Subject
to meeting relevant design standards and guidelines, the addition of line
marking from Lawson Street through the Jonson Street roundabout so as to
better define the left-turn and through traffic travel lanes plus assist with
improved delineation, safety and compliance.
2. That Council notes and
accepts the compromises and risks as detailed in the attached ‘Issues
Register’ and the ‘Safety in Design Risk Assessment’.
3. That the design be referred
to John Holland Rail for their concurrence and requirements regarding changes
upon or that affect state owned rail infrastructure. (Dey/Wanchap)
The motion was put to the vote and declared carried.
Crs Richardson and Spooner voted against the motion.
|
FORESHADOWED MOTION
15-360
|
Resolved that Council adopt the following:
Report
No. 6.18 Concept Designs - Proposed Marine Parade Footpath and One-Way
Traffic
File No: I2015/604
That this matter be deferred
until after further consultation with the Wategos residents and community at
large and a briefing to Councillors at a Strategic Planning Workshop
regarding the three options and the results of the any consultation. (Cubis/Woods)
The motion was put to the
vote and declared carried.
|
AMENDMENT
Moved: That
Council adopt the following:
Report
No. 6.18 Concept Designs - Proposed Marine Parade Footpath and
One-Way Traffic
File No: I2015/604
1. That
Council supports the Local Traffic Committee endorsement of either of the
proposed one-way traffic options for the beach front section of Marine Parade,
Wategos from west to east through to the intersection of Julian Place.
2. That
the community consultation associated with the changes include presentation of
option 1 (the two way option) plus a few paragraphs on the advantages and
disadvantages of each option from Council’s perspective. (Dey/Cameron)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Richardson, Wanchap and Hunter
voted against the amendment.
The motion was put to the vote and declared carried.
FORESHADOWED MOTION
15-361
|
Resolved that Council adopt the following:
Report
No. 6.19 Proposed road closure Acacia Street, Arts and Industrial
Estate, Byron Bay
File No: I2015/605
That Council note that the Local
Traffic Committee has no objection to the proposed road closure of Acacia
Street, Byron Bay, subject to the following:
a) Council
approvals, where required, are firstly obtained and met
b) the
closure apply to the last Saturday of the month between 8am and 5pm only and
for a maximum of three events
c) the
organisers be responsible for providing and implementing a Traffic Control
Plan to Council, designed and implemented by those with appropriate
accreditation
d) public
liability insurance be in place for the sum of at least $20 million and a
copy be provided to Council
e) in
accordance with the Roads Act, each event be advertised within
Council’s public notice section of the local newspaper, with the cost
charged to the event organiser
f) the
event be notified on Council's website
g) The
above approvals and conditions are effective until / expires on 30 June 2016,
after which, as with any proposed changes or extensions to them, be subject
of a further submission by the proponent. (Dey/Richardson)
The
motion was put to the vote and declared carried.
|
Confidential
Reports - Corporate and Community Services
|
Report No. 16.1 Confidential - Tender Assessment -
Supply, Installation and Maintenance of CCTV systems in Byron Bay
File No: I2015/504
|
15-362
|
Resolved:
1. That
Council award the Tender for the “Supply, Installation and Maintenance
of CCTV systems in Byron Bay” to Telstra SNP Monitoring Pty Ltd.
2. That
Council note the total price of the successful tender is $190,983.00 (ex GST)
which includes supply, installation and 3 years of scheduled maintenance of
the system.
3. 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.
(Cubis/Woods)
Cr Wanchap left the chamber at 4.01pm.
The motion
was put to the vote and declared carried.
Crs Richardson and Cameron voted against the motion.
Cr Wanchap was not present for the vote.
Cr Wanchap returned to the chamber at 4.04pm.
|
URGENCY MOTION
|
Procedural Motion
|
15-363
|
Resolved that
the matter of dredging works in the Brunswick River be dealt with at this
meeting as a matter of urgency as it is to commence at the start of August
2015 which is prior to the next Ordinary Meeting. (Richardson/Spooner)
The motion was put to the vote and declared carried.
|
|
No. 1 Matter of
Urgency - Dredging works in the Brunswick River
|
15-364
|
Resolved that Council writes to the Minister of Lands and
Water, the Hon Niall Blair, seeking a deferment of any dredging works in the
Brunswick river until the following questions have been considered and
answers provided and that permission to use Council’s boat ramp to
launch the dredge vessel will not be granted until support has been gained
through Council resolution.
1. Purpose
of Works:
i.
As works haven’t occurred for over 20 years, is work
proposed ‘maintenance’ or new?
ii. If
considered maintenance, what ongoing maintenance is proposed?
iii. What
are estimated ongoing costs to maintain the assumed benefits?
iv. Has
the stated purpose to “enable safe boat passage” and “address
public safety and environmental risks associated with shallow depths causing
vessels to run aground” been assessed and supported by
evidence? What are the specific measurable triggers that are
being applied? Are there documented reports of any accidents and/or injury as
a result of shallow waters? Has there been any effort to implement signage in
the river indicating the deep channel areas and speed limits?
v. Is
the area concerned currently un-navigable? Is there evidence of this?
2. Impacts
of Works:
i. Did
the REF consider cumulative impacts of ongoing or recurrent dredging?
ii. What
modelling has been used to consider the rate of natural sand replacement, and
at what regularity is proposed for the ongoing maintenance.
iii. What
documentation exists to support the selection of the three proposed dredging
sites?
iv. Have
immediate and ongoing impacts on sea grasses been considered?
v. Are
there any potential nearby geomorphic disturbances identified, such as
heightened erosion or accretion?
vi. What
are the specific measurable triggers that are being applied to effects of
works, natural sand replacement processes and environmental disruptions?
vii. Has
a cost-benefit analysis been completed that incorporates environmental and
social considerations?
3. Impacts
of Works on Fishers and other Users:
i. What
commercial fishing benefits have been identified and what evidence has been
produced for justification?
ii. What
evidence exists to illustrate any current navigation impediments to commercial
fishers due to the current state of the river?
iii. Have
impacts of dredging for recreational fisherman been assessed?
iv. What
assessment has been conducted, and evidence provided, to verify the claimed
benefits for local economies and tourism industries?
v. Does
this assessment include possible negative impacts due to ecological and
marine disturbance?
4. Wider
support for Works:
i. Does
OEH support the work and agree with the necessity?
ii. Does
Marine Parks support the work and agree with the necessity? Does Marine Parks
have concerns and have these concerns been investigated? What are the
strategies being put in place to overcome articulated areas of concerns?
iii. Has
the local Tourism organisation been consulted? Do they agree with the stated
need for the dredging?
iv. Has
the REF been exhibited for public comment?
v. Has
community sentiment been assessed and considered supportive of the proposed
works and the needs as stated of them?
vi. Is
the Minister satisfied with the level of community consultation and community
support? (Richardson/Spooner)
The motion was put to the vote and declared carried.
Crs Cubis and Woods voted against the motion.
|
There being no further business the meeting concluded at 4.30pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 27 August 2015.
….…………………………
Mayor Simon Richardson