Minutes of Extraordinary Meeting

BYRON SHIRE COUNCIL

Extraordinary Meeting Minutes 1 October 2015

MINUTES OF THE BYRON SHIRE COUNCIL Extraordinary Meeting HELD ON Thursday, 1 October 2015 COMMENCING AT 9.10AM AND CONCLUDING AT 2.16PM

I2015/1218

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

Wayne Bertram (Manager Sustainable Development)

Simon Bennett (Traffic and Transport Project Officer)

Scott Brodie (Acting Team Leader Compliance)

Chris Soulsby (Acting Manager Assets and Major Projects)

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:

4.1 Ticket/Boom Gate Access on Lawson Street North Car Park

Morgan addressed Council against the recommendation.

5.2 PLANNING - 10.2015.330.1 Temporary use of a meeting room within approved group home for workshops at 60B Kingsvale Road Myocum

David Beattie (Nungkari Treatment Centre) addressed Council in favour of the recommendation.

Dr Jon Veranese addressed Council against the recommendation.

5.3 PLANNING - 10.2015.208.1 Alterations and additions to the approved transitional group home and removal of one tree at 60B Kingsvale Road Myocum

Kylie Beattie (Nungkari Treatment Centre) addressed Council in favour of the recommendation.

Dr Jon Veranese addressed Council against the recommendation.

APOLOGIES

There were no apologies.

DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY

Cr Wanchap declared a pecuniary interest in Reports 5.2 and 5.3. The nature of the interest being that she has a competing business. Cr Wanchap elected to leave the chamber, not participate in the debate and not vote, as well as not return until the matter is resolved.

Procedural Motion

15-481

Resolved that Council change the order of business to deal with Reports 5.2 and 5.3 next on the Agenda. (Richardson/Cameron)

The motion was put to the vote and declared carried.

Staff Reports - Sustainable Environment and Economy

Report No. 5.2 PLANNING - 10.2015.330.1 Temporary use of a meeting room within approved group home for workshops at 60B Kingsvale Road Myocum

File No: I2015/1085

Cr Wanchap left the chamber at 10.00am in accordance with her earlier declared interest in this matter.

15-482

Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2015.330.1 for temporary use of meeting room within group home for workshops, be granted consent subject to the conditions listed in Attachment 2 E2015/60154. (Richardson/Spooner)

Procedural MotionS

15-483

Resolved that Cr Cameron be granted a two minute extension to his speech. (Woods/Richardson)

The motion was put to the vote and declared carried.

15-484

Resolved that Cr Ibrahim be granted a two minute extension to his speech. (Woods/Richardson)

The motion was put to the vote and declared carried.

15-485

Resolved that Cr Spooner be granted a two minute extension to his speech.

(Richardson/Cameron)

The motion was put to the vote and declared carried.

AMENDMENT

Moved: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2015.330.1 for temporary use of meeting room within group home for workshops, be granted consent subject to the conditions listed in Attachment 2 E2015/60154 subject to the following change:

· Addition of a Condition that noise be minimised and that drumming be excluded from the activities. (Dey/Woods)

The amendment was put to the vote and declared lost.

Crs Dey and Woods voted in favour of the amendment.

Crs Ibrahim, Richardson, Cameron, Spooner and Hunter voted against the amendment.

Cr Wanchap was not present for the vote.

The motion (Richardson/Spooner) was put to the vote and declared carried.

Crs Woods, Richardson, Cameron, Spooner and Hunter voted in favour of the motion.

Crs Ibrahim and Dey voted against the motion.

Cr Wanchap was not present for the vote.

Report No. 5.3 PLANNING - 10.2015.208.1 Alterations and additions to the approved transitional group home and removal of one tree at 60B Kingsvale Road Myocum

File No: I2015/1086

Cr Wanchap left the chamber at 10.00am in accordance with her earlier declared interest in this matter.

15-486

Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2015.208.1 for Alterations and additions to transitional group home and remove one (1) tree, be granted consent subject to the conditions listed in Attachment 2 #E2015/60135. (Cameron/Richardson)

The motion was put to the vote and declared carried.

Crs Richardson, Cameron, Spooner and Hunter voted in favour of the motion.

Crs Ibrahim, Dey, Woods voted against the motion.

Cr Wanchap was not present for the vote.

Cr Wanchap returned to the chamber at 10.47am.

The meeting adjourned at 10.47am and reconvened at 10.59am.

Notices of Motion

Notice of Motion No. 4.1 Ticket/Boom Gate Access on Lawson Street North Car Park

File No: I2015/990

Moved: That Council incorporate into traffic studies the option of making the Lawson Street North Car Park accessible from Lawson Street via the existing First Sun Caravan Park driveway and controlled at entry and exit points by a ticket/boom gate operation. (Woods/Wanchap)

Procedural Motion

15-487

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

The motion was put to the vote and declared carried.

AMENDMENT

15-488

Resolved that decision of providing ticket/boom gate access to the Lawson Street North Car Park be deferred until the first review of the pay parking scheme or sooner if required.

(Richardson/Spooner)

The amendment was put to the vote and declared carried.

Crs Ibrahim, Woods and Wanchap voted against the amendment.

The amendment upon becoming the substantive motion was put to the vote and declared carried.

Crs Dey, Woods and Wanchap voted against the motion.

Notice of Motion No. 4.2 Koala and Wild Life Sanctuary at West Byron

File No: I2015/991

15-489

Resolved:

1. That Council initiate discussions with the owners of the West Byron estate on the practicality, environmental benefits and financial considerations of creating a Byron Shire Koala and Wildlife sanctuary.

2. That the results of the discussions be reported back to Council. (Wanchap/Woods)

The motion was put to the vote and declared carried.

Crs Richardson, Cameron and Spooner voted against the motion.

Procedural Motion

15-490

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

The motion was put to the vote and declared carried.

Staff Reports - Sustainable Environment and Economy

Report No. 5.1 PLANNING - 26.2015.6.1 Amendment Byron LEP 1988 - West Byron

File No: I2015/852

Moved:

1. That consideration of amending Clause 82 and 83 of Byron LEP 1988 be deferred until the Ordinary Meeting of 29 October 2015 to allow for appropriate community awareness and understanding.

2. That Council, in principle, not support the planning proposal concerning Infrastructure Provisions and Split Zone Subdivisions (within Attachment 1).

3. That a Councillor workshop be held to discuss matters of infrastructure provisions within E Zones. (Richardson/Cameron)

AMENDMENT

15-491

Resolved:

1. That consideration of amending Clause 82 and 83 of Byron LEP 1988 be deferred until the Ordinary Meeting of 29 October 2015.

2. That prior to the Ordinary Meeting on 29 October a Councillor workshop be held on the matters in the report. (Woods/Wanchap)

The amendment was put to the vote and declared carried.

Crs Ibrahim, Woods, Wanchap, Spooner and Hunter voted in favour of the amendment.

Crs Dey, Richardson and Cameron voted against the amendment.

The amendment upon becoming the substantive 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.

No Councillors voted against the motion.

The meeting be adjourned at 12.31pm to open the Planning Review Committee Meeting and reconvened at 12.32pm.

Procedural Motion

15-492

Resolved that Council change the order of business to deal with Report 6.1 next on the Agenda. (Richardson/Woods)

The motion was put to the vote and declared carried.

Late Reports

Report No. 6.1 Confidential - Pay Parking Tender

File No: I2015/1195

15-493

Resolved:

1. That pursuant to Section 10A(2)(d)i, (d)ii and (d)iii of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Pay Parking Tender.

2. That the reasons for closing the meeting to the public to consider this item be that the report contains:

a) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

b) information that would, if disclosed, confer a commercial advantage on a competitor of the council

c) information that would, if disclosed, reveal a trade secret

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:

(a) disclosure could prejudice the commercial position of the person who supplied it;
(b) disclosure could confer a commercial advantage on a competitor of the Council;
(c) disclosure could reveal a trade secret. (Woods/Dey)

The motion was put to the vote and declared carried.

Cr Ibrahim left the chamber at 12.33pm.

CONFIDENTIAL SESSION

Procedural Motion

15-494

Resolved that Council move into Committee to allow for free debate. (Dey/Cameron)

The motion was put to the vote and declared carried.

Cr Ibrahim returned to the chamber at 12.34pm.

Committee Meeting

Procedural Motion

15-495

Resolved that Council move out of Committee and resume the Ordinary Meeting. (Dey/Woods)

The motion was put to the vote and declared carried.

Ordinary Meeting

15-496

Resolved:

1. That Council amend the 2015/2016 budget to increase the expenditure for paid parking in the 2015/2016 budget by $67,000 with funding from an estimated corresponding increase in paid parking revenue.

2. That Council award Tender 2015-0028 Pay Parking Meters and Management System Byron Bay to Australian Parking and Revenue Control (APARC) Pty Ltd, and take up the operating lease option rather than the purchase option.

3. That Council’s seal be affixed to the relevant documents as or if required.

4. 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. (Dey/Spooner)

The motion was put to the vote and declared carried.

The meeting adjourned at 1.24pm for lunch and reconvened at 1.50pm.

Procedural Motion

15-497

Resolved that the meeting move out of confidential session. (Woods/Hunter)

The motion was put to the vote and declared carried.

Staff Reports - Sustainable Environment and Economy

Report No. 5.4 PLANNING - Request for Nominations for the Joint Regional Planning Panel

File No: I2015/1110

15-498

Resolved that Council nominate two Councillors, Crs Dey and Cameron, to the Joint Regional Planning Panel and Cr Ibrahim as an alternate. (Dey/Richardson)

AMENDMENT

Moved:

1. That Council nominate one Councillor being Cr Ibrahim with Cr Dey as an alternate to the Joint Regional Planning Panel.

2. That Council nominate the Director of Sustainable Environment and Economy to the Joint Regional Planning Panel. (Woods/Wanchap)

The amendment was put to the vote and declared tied.

Crs Ibrahim, Woods, Wanchap and Hunter voted in favour of the amendment.

Crs Dey, Richardson, Cameron and Spooner voted against the amendment.

The Mayor used his casting vote and declared the amendment lost.

The motion was put to the vote and declared tied.

Crs Dey, Richardson, Cameron and Spooner voted in favour of the motion.

Crs Ibrahim, Woods, Wanchap and Hunter voted against the motion.

The Mayor used his casting vote in favour of the motion carried.

Report No. 5.5 PLANNING - Rural Land Strategy – Site Suitability Criteria & Mapping Methodology

File No: I2015/1114

15-499

Resolved that this matter be deferred until the Ordinary Meeting on 29 October 2015.

(Dey/Richardson)

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.

No Councillors voted against the motion.

There being no further business the meeting concluded at 2.16pm.

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 8 October 2015.

….…………………………

Mayor Simon Richardson