Minutes
Ordinary Meeting
Thursday, 8 October 2015
Minutes
Ordinary Meeting
Thursday, 8 October 2015
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
8 October 2015
The following items are listed in the order in which they were dealt with.
Report No. 13.2 Report of the Planning Review Committee Meeting held on 10 September, 2015
Report No. 13.4 Implications and Potential Locations of a BMX Track.
Report No. 13.5 Biobanking for Byron Bay Bypass - Dedication of Land
Report No. 14.1 Report of the Sustainable Economy Committee Meeting held on 3 September 2015
Notice of Motion No. 9.1 Council Bundjalung Cultural Awareness and Induction Program
Notice of Motion No. 9.2 Environmentally and Socially Responsible Investments
Notice of Motion No. 9.3 Support on Ex-Hospital Land in Mullumbimby
Notice of Motion No. 9.4 Review of Homelessness Policy
Notice of Motion No. 9.4 Review of Homelessness Policy
Report No. 13.6 Draft Terms of Reference Belongil Catchment Advisory Committee
Report No. 14.2 Report of the Transport Advisory Committee Meeting held on 1 September 2015
No. 1 Urgency
Motion - Declare 2 October Mark “Mono” Stewart Day in
Byron Shire
No. 2 Matter of Urgency - Resolution of Report 13.7 20
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 8 October 2015
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 8 October 2015 COMMENCING AT 4.00PM AND CONCLUDING AT 9.21PM
I2015/1238
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 (arrived at 4.05pm)
Staff: Ken Gainger (General Manager)
Mark Arnold (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Simon Bennett (Traffic and Transport Project Officer)
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.
Tony Hart from Bangalow welcomed Council to Bangalow.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
13.7 Time limits for Pay Parking and Resident Permit Parking Areas Byron Bay Parking Study
Geoff Spargo (Byron Bay Public School) addressed Council against the recommendation.
13.5 Biobanking for Byron Bay Bypass – Dedication of Land
Paul Jones (Butler Street Community Network) addressed Council against the recommendation.
There were no apologies.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
Crs Dey, Wanchap 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
In accordance with the Local
Government Act 1993 Section 450A(2), the Section 449 Returns disclosing
interests of Councillors and designated persons were tabled for the period
1 July 2014 to 30 June 2015.
Adoption of Minutes from Previous Meetings
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Resolved that the minutes of the Ordinary Meeting held on 17 September 2015 be confirmed. 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. 13.3 PLANNING - Submissions report - Amendments to Chapter D2 Development Control Plan 2014 for dual occupancies (detached) and secondary dwellings in RU1 and RU2 zones
Infrastructure Services
Report No. 13.6 Draft Terms of Reference Belongil Catchment Advisory Committee
Report No. 13.7 Time limits for Pay Parking and Resident Permit Parking Areas Byron Bay Parking Study
Reports of Committees
Infrastructure Services
Report No. 14.2 Report of the Transport Advisory Committee Meeting held on 1 September 2015
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Woods and seconded by Cr Richardson. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 15-501 and concluding with Resolution No. 15-513.
Staff Reports - Sustainable Environment and Economy
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Report No. 13.2 Report of the Planning Review Committee Meeting held on 10 September 2015 File No: I2015/1105
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Resolved that the report be noted. (Woods/Richardson)
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Staff Reports – infrastructure services
Reports of Committees - Sustainable Environment and Economy
Reports of Committees - Infrastructure Services
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Report No. 14.3 Report of the Community Infrastructure Advisory Committee Meeting held on 10 September 2015 File No: I2015/1120
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Resolved that Council note the minutes of the Community Infrastructure Advisory Committee Meeting held on 10 September 2015. (Woods/Richardson) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 5.1 Bridge Renewal Program Funding Applications for Blindmouth Creek, Scarrabelottis Bridge and O'Mearas Bridge File No: I2015/813
Committee Recommendation CIAC 5.1.1 1. That Council note that applications for funding as part of the Federal Round 2 Bridge Replacement Program have been submitted and that the results of the applications should be known by the end of the year.
2. That progress be reported to Community Infrastructure Advisory Committee meetings quarterly.
3. That Council consider within future Bridge projects, a component for the maintenance of landscaping after the construction period. (Woods/Richardson) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 5.3 Update Report - Infrastructure Services Risk Management Procedures Part 1 - Roads, Footpaths & Drainage File No: I2015/834
Committee Recommendation CIAC 5.3.1 That Council note the information contained in this report about the Infrastructure Services Risk Management Procedures Part 1- Roads, Footpaths and Drainage and the implementation of the Reflect software. (Woods/Richardson) |
There was no Mayoral Minute.
AMENDMENT
Moved:
1. That Council note the unanimous resolution passed at a public meeting held in Mullumbimby on 17 September 2015 as follows:
The community of Mullumbimby demands that the Mullumbimby Hospital land be transferred from the NSW Minster for Health to the NSW Minister for Family and Community Services and Social Housing.
The Mullumbimby Hospital land then be used to develop a range of aged care facilities and services and housing options through public and community sector partnerships. This would be a win-win for everyone.
2. That Council write immediately to NSW Premier Mike Baird, to Treasurer Gladys Berejiklian, to Minister for Health Jillian Skinner, Local State Member Tamara Smith, NSW opposition leader Luke Foley and to Minister for Family & Community Services and for Social Housing Brad Hazard to advise of Council's wholehearted support for the Mullumbimby Hospital Action Group and requesting them all to support the following:
a) That the Mullumbimby Hospital land be transferred from the NSW Minster for Health to the NSW Minister for Family & Community Services and for Social Housing; and
b) That the Mullumbimby Hospital land be considered for uses such as aged care facilities and services and affordable housing options (possibly through public and community sector partnerships). (Cameron/Richardson)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Dey, Cubis, Woods, Wanchap and Hunter voted against the amendment.
The motion was put to the vote and declared carried.
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Procedural MotionS |
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Resolved that this matter rest on the table. (Dey/Richardson) The motion was put to the vote and declared carried. |
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Resolved that Council change the order of business to deal with Report 13.7 next on the Agenda. (Richardson/Woods) The motion was put to the vote and declared carried. |
Staff Reports - Infrastructure Services
AMENDMENT
Moved:
1. That Council proceed with pay parking as follows, which unless stated otherwise applies within current general permissive parking sites seven (7) days a week including public holidays between 9am and 6pm:
a) on Shirley Street, east of Milton Street, which remains as no time limit on the north side and four hour (4P) limit be introduced on the south side;
b) on Wordsworth Street, on the length from Shirley Street to its end, remain as existing, being a mix of two hour (2P) and four hour (4P) limit west side and no time limit on the east side;
c) on Butler Street Reserve and on Butler Street between:
i) Lawson Street and the culvert, which is currently no time limit be signed as four hour (4P);
ii) the culvert and Somerset Street, remain “No Parking” on the east side and no time limit on the west side;
iii) Somerset Street and Burns Street, not introduce pay parking and on the east side remain as no time limit at all times except when the existing overnight “No Parking” applies, and on the west side be part of the Butler Street precinct of the Resident Parking Permit Scheme;
iv) Burns Street and the entry to Glen Villa Holiday Park Resort be part of the Butler Street precinct of the Resident Parking Permit Scheme.
d) on Somerset Street, from Butler Street (to its western end), remain as no time limit on the north side and the south side be part of the Butler Street precinct Resident Parking Permit Scheme;
e) on Burns Street, between Butler Street and Wordsworth Street, be part of the Butler Street precinct Resident Parking Permit Scheme;
f) as on and within areas bounded by Jonson Street, Bay Street, Middleton Street and Byron Street, time limits remain unchanged except that:
i) Bay Street, south side between Jonson Street and Fletcher Street be reduced from a four hour (4P) time limit to a two hour (2P) limit;
ii) Middleton Street, west side between Bay Street and Bay Lane be “No Stopping” subject to the opening of the new adjacent car park; and
iii) a Loading Zone on Middleton Street, east side, south of Lawson Street effective on Wednesday 1pm-6pm and Thursday 9am – 12noon.
g) Lawson Street, from Middleton Street to Massinger Street remain as no time limit;
h) as located south of Byron Street, and on and east of Jonson Street, west of Tennyson Street and north of Browning Street, time limits remain unchanged except:
i) east side of Jonson Street, south of Byron Street and prior to the pedestrian crossing, provide four (4) spaces that apply a 30-minute time limit, for example near the frontage of the corner shop, newsagent and chemist;
ii) the school side of Middleton Street and Carlyle Street, as adjacent to the Byron Bay Public School, be a 30 minute time limit during which free parking applies and is effective between 8am-10am and 2-4pm (School Days only), and no time limit apply at other times;
iii) Carlyle Street, between Middleton Street and Jonson Street be a two hour (2P) time limit;
iv) Kingsley Street, between Middleton Street and Jonson Street on the south side remain no time limit and north side be changed to a two hour (2P) limit;
v) within the Schools precinct Resident Parking Permit Scheme which includes and bounded by Kingsley Street between Middleton Street and Tennyson Street, Browning Street, west of Tennyson Street and east of Jonson Street;
vi) Jonson Street, between Kingsley Street and Browning Street be changed from a one hour (1P) limit to “no time” limit.
vii) Council’s car parks including Lawson Street North, Lawson Street South, Main Beach, Clarkes Beach and Middleton Street as located between Bay Street and Lawson Street, all of which remain four hour (4P) time limit except Byron Street car park, as located between Byron Street and Fletcher Lane, which is to be no time limit on the western side and a four hour (4P) time limit on the eastern side.
2. That a Resident Parking Permit Scheme apply on-street as follows:
a) the Butler Street Precinct, which includes and bounded by Butler Street between and including south side of Somerset Street to the Glen Villa Holiday Park entry, and Burns Street between Butler Street and Wordsworth Street and that residential tenants:
i) within the precinct receive two (2) free permits per household that upon their correct display exempt them from the on-street time limit restrictions which apply in that precinct only; and
ii) be consulted upon regarding the proposed time limits, being a two hour (2P) time limit applying seven days a week including public holidays between 9am and 6pm.
b) the Schools Precinct , which includes and bounded by Kingsley Street between Middleton Street and Tennyson Street, Browning Street, west of Tennyson Street and east of Jonson Street and that:
i) residential tenants within the precinct receive two (2) free permits per household;
ii) the Byron Bay Public School receive free permits, with the quantity provided and their use subject of agreement between the school and Council management;
iii) upon correct display, the permit exempts a vehicle from the on-street time limit restrictions which apply in that precinct only;
iv) the proposed permit holders be consulted with in regard to the proposed time limit of a two hour (2P) time limit applying seven days a week including public holidays between 9am and 6pm.
c) the areas bounded by east of Tennyson Street, north of Browning Street and west of and including Massinger Street, and that residential tenants:
i) within the precinct receive two (2) free permits per household that upon their correct display exempt them from the on-street time limit restrictions which apply in their street block only; and
ii) be consulted upon regarding the proposed time limits, being a four hour (4P) time limit applying seven days a week including public holidays between 9am and 6pm.
(Cameron/Spooner)
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Procedural MotionS |
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Resolved that Cr Ibrahim be granted a two minute extension to his speech. (Woods/Cubis) The motion was put to the vote and declared carried. |
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Resolved that Cr Dey 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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Resolved that Cr Cubis be granted a two minute extension to his speech. (Richardson/Ibrahim) The motion was put to the vote and declared carried. |
The amendment (Cameron/Spooner) was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the amendment.
The motion (Wanchap/Ibrahim) was put to the vote and declared carried.
Crs Richardson and Cameron voted against the motion.
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Procedural Motion |
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Resolved that Item 9.4 be lifted from the table. (Richardson/Woods) The motion was put to the vote and declared carried. |
Notices of Motion
AMENDMENT
Moved:
1. That Council review compliance policy with regards to ensuring environmental protection of public land including sand dunes and beachfront areas and provide a report to Council.
2. That Council review its homeless and related policies to:
a) ensure that environmentally sensitive land is protected from human habitation; and
b) provide a report to Council on options for providing suitable land for primitive camping
3. That Council convene a meeting with homeless people and community and others providing support to homeless people to consider community preferences for supporting homeless people. (Cameron/Woods)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Dey, Cubis, Richardson and Wanchap voted against the amendment.
The motion was put to the vote and declared carried.
Crs Cameron and Spooner voted against the motion.
The meeting adjourned at 7.01pm for a dinner break and reconvened at 7.34pm.
The Mayor tabled a petition containing 523 signatures. The petition states:
“We the undersigned request Council urgently review the introduction of paid parking and time limits in the vicinity of Byron Bay Public School in Kingsley and adjacent streets…”
There were no submissions or grants.
1. Local Traffic Committee Meeting 7 October 2015
Cr Dey advised Council:
The Local Traffic Committee meeting scheduled for yesterday didn’t take place because the main item on the agenda was Paid Parking. The RMS (and the other LTC parties - myself and the Police) all concurred with the recommendation in today's Agenda so we didn’t need the meeting.
This raises a complication because, now that we’ve changed the paid parking layout, RMS will need to be consulted again. They need to concur with our view and we with theirs.
2. Water, Waste and Sewer Advisory Committee Meeting 8 October 2015
Cr Dey advised Council:
Council is preparing and assessing a DA with EIS for expansion of the Myocum landfill. The project needs further studies for us to keep seeking approval. The further Studies are estimated to cost quarter of a million dollars.
There’s always an option not to undertake the studies and to let the application lapse. But, this is what has already happened in the past and it’s a dangerous path. Council could let the DA lapse as there are moves to create a regional landfill facility but if we put all our eggs in that basket and it doesn’t go ahead, we would be stuck once again with having to ship the Shire's waste to disposal at commercial rates.
3. Surf Safety Meeting 7 October 2015
Cr Richardson advised Council:
It has taken us quite a few months to get everyone around the table to try to find ways forward. We had surf lifesavers, surf school, backpackers and hostel representatives, open space staff, chambers of commerce etc. It was really conducive and everyone was keen to keep meeting.
The bottom line is that we talked about the need to have a couple of layers of education. Create something perhaps in a video form for buses and planes before visitors get to the country, that is pretty easy to understand what the flags mean etc. Then we workshopped a few of the different options for before people get on to the beach. One of the options is an app.
Cr Hunter and I will be getting together, and everyone’s invited, to explore with staff how a Byron app might look. That was certainly one that the hostel operators said is a way that you can communicate to some of the kids before they leave the hostel. Some signage at the hostel, some signage on the beach.
Also there was conversation about creating some sort of industry-wide compact of behaviour. A bit like how the liquor outlets sign up to a certain model. The idea of some surf rental places giving boards out when the surf is rough need to tighten up that whole sector so everyone has a certain behaviour protocol. We have a bit to do to flesh it out.
I’ll also be speaking to Cr Dey regarding a good opportunity to start broadening the conversation to the coastal councils. That could be a place to get a lot of NSW wide support so when we go to Qantas or those sorts of groups, and try to get some free ads, it’s not just Byron Shire; we’d be speaking on behalf of all those councils around the country that have a beach interface.
4. Shark surveillance program
Cr Richardson advised Council:
You would have seen in the media - and we didn’t have an opportunity to bring it back to Council - but I okayed a pretty small spend for school holidays to get a gyrocopter surveillance program for Byron Shire for sharks. We were basically going to be given one fly-over by the state helicopter which had no communication to the beach. I didn’t think that was appropriate so the gyrocopter was quite cheap. Basically it was in the air for about four and a half hours, maybe even longer, three or four sweeps of about an hour and half each across the whole Shire. I need to say he probably saw sharks every time he went. Sometimes quite unbelievably close to punters. At one point I believe there was about a five metre great white 15 metres away from people at The Pass. Having said that we actually started the communication protocols even though it was a bit haphazard - sometimes it didn’t quite work - when it worked it worked really well. In the case with the great white, the gyrocopter spotted it, hovered and communicated directly to the surf lifesaving club on the beach who went out, found it and moved it on. So Police weren’t involved, didn’t have to close the beach, no-one else on the beach would have even known what was going on. Quite a good result.
Wategos had a moment too, where the same thing happened and Wategos was closed for a few hours so we deliberately tried to keep it a little bit under the radar, so to speak, again to respect the businesses and community. We didn’t want “Byron shark” in the same sentence every two seconds like our southern neighbours.
We’ll be getting a bit more of a thorough report when we compile that information. The data was great. The guy basically listed all the sightings, the type of species where possible which was generally pretty regular because he could see the different species. The actions ie what the species was doing etc. So when the shark summit happens in a couple of weeks, hopefully that sort of protocol will start to inform the rest of the stakeholders.
5. NOROC delegation to Sydney
Cr Richardson advised Council:
In a few weeks time, the General Manager and I are going to Sydney as part of a NOROC delegation, which we did last year as well, and basically have a series of meetings with a lot of the ministers. Generally Thomas George organises it. So we’ll let you all know if there’s perhaps some really pertinent questions for some of the ministers so we can ask the ministers direct. There’s six ministers and each meeting is generally half an hour to an hour each so we aren’t necessarily going to have them on our own. We’ll give you a list of the ministers and their portfolios so if there’s any questions you have, we’ll pass them on.
Staff Reports - Sustainable Environment and Economy
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Procedural Motion |
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Resolved that Cr Ibrahim be granted a two minute extension to his speech. (Woods/Cubis) The motion was put to the vote and declared carried. |
The motion (Ibrahim/Woods) was put to the vote and declared carried.
Staff Reports - Infrastructure Services
AMENDMENT
Moved that Council:
1. Adopt the draft constitution for the Belongil Catchment Advisory Committee
2. Advertise for community members in the normal manner
3. Contact members of the Drainage Union and affected landowners inviting them to apply for consideration for membership of the new committee
4. Report to Council on 10 December with recommendations for membership and first meeting set to occur at the first meeting set in February 2016. (Hunter/Cubis)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Dey, Richardson, Cameron, Wanchap and Spooner voted against the amendment.
The motion was put to the vote and declared carried.
Reports of Committees - Infrastructure Services
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Procedural Motion |
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Resolved that Cr Cameron be granted a one minute extension to his speech. (Richardson/Wanchap) The motion was put to the vote and declared carried. |
URGENCY MOTIONS
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Procedural Motion |
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Resolved that the matter of declaring 2 October Mark “Mono” Stewart Day in Byron Shire be discussed as a matter of urgency, the urgency being that there is a celebration taking place this Saturday. (Richardson/Woods) The motion was put to the vote and declared carried. |
The Mayor declared the matter to be of great urgency.
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Procedural Motion |
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Resolved that the matter of the resolution of Report 13.7 be discussed as matter of urgency. The urgency being that RMS have already approved the proposal. (Richardson/Hunter)
The motion was put to the vote and declared carried. |
The Mayor declared the matter to be of great urgency.
AMENDMENT
Moved:
1. That in relation to the resolution 15-519 of Report 13.7 of this meeting, RMS be notified of the changes and their concurrence be urgently requested.
2. That Council delegate staff to negotiate with RMS to achieve concurrence as close as possible to Resolution 15-519 in a rapid timeframe. (Wanchap/Ibrahim)
The amendment was put to the vote and declared lost.
Crs Dey, Richardson, Cameron, Spooner and Hunter voted against the amendment.
The motion was put to the vote and declared carried.
Crs Ibrahim, Cubis and Wanchap voted against the motion.
There being no further business the meeting concluded at 9.21pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 29 October 2015.
….…………………………
Mayor Simon Richardson