Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 8 October 2015

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

8 October 2015

 

 

INDEX OF ITEMS DISCUSSED

 

The following items are listed in the order in which they were dealt with.

 

Report No. 13.1          PLANNING - Submissions Report - Planning Proposal to rezone part of Lot 7 DP626084, 204 Lismore Road, Bangalow, to IN1 General Industrial 4

Report No. 13.2          Report of the Planning Review Committee Meeting held on 10 September, 2015. 4

Report No. 13.4          Implications and Potential Locations of a BMX Track. 5

Report No. 13.5          Biobanking for Byron Bay Bypass - Dedication of Land. 5

Report No. 14.1          Report of the Sustainable Economy Committee Meeting held on 3 September 2015  5

Report No. 14.3          Report of the Community Infrastructure Advisory Committee Meeting held on 10 September 2015. 6

Notice of Motion No. 9.1       Council Bundjalung Cultural Awareness and Induction Program.. 8

Notice of Motion No. 9.2       Environmentally and Socially Responsible Investments. 8

Notice of Motion No. 9.3       Support on Ex-Hospital Land in Mullumbimby. 9

Notice of Motion No. 9.4       Review of Homelessness Policy. 10

Report No. 13.7          Time limits for Pay Parking and Resident Permit Parking Areas Byron Bay Parking Study  11

Notice of Motion No. 9.4       Review of Homelessness Policy. 15

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  17

Report No. 13.6          Draft Terms of Reference Belongil Catchment Advisory Committee. 18

Report No. 14.2          Report of the Transport Advisory Committee Meeting held on 1 September 2015  19

No. 1                                Urgency Motion - Declare 2 October Mark “Mono” Stewart Day in
Byron Shire. 20

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.

 

 

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:

 

13.7     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.

 

 

Apologies

There were no apologies.

 

 

Requests for Leave of Absence

 

There were no requests for leave of absence.

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

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

 

15-500

Resolved that the minutes of the Ordinary Meeting held on 17 September 2015 be confirmed.

(Woods/Hunter)

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

 

Report No. 13.1           PLANNING - Submissions Report - Planning Proposal to rezone part of Lot 7 DP626084, 204 Lismore Road, Bangalow, to IN1 General Industrial

File No:                        I2015/993

 

15-501

Resolved that Council forward the planning proposal to amend Byron LEP 2014, as exhibited and included at Attachment 1 to this report, to the Department of Planning and Environment requesting that a draft LEP be prepared.                                                                              (Woods/Richardson)

 

 

Report No. 13.2           Report of the Planning Review Committee Meeting held on 10 September 2015

File No:                        I2015/1105

 

15-502

Resolved that the report be noted.                                                                      (Woods/Richardson)

 

 

Staff Reports – infrastructure services

 

Report No. 13.4           Implications and Potential Locations of a BMX Track

File No:                        I2015/803

 

15-503

Resolved that Council gives preference for a pump track to be built at the Cavanbah Centre:

a)      The pump track proponents are equipped with design components of the modular systems available in Australia to allow for the development of a preferred design that will fit within the designated area.

b)      Costing of the project be prepared and funding sources identified by staff.

c)      A further report is tabled for Council showing the resultant details for consideration.

(Woods/Richardson)

 

 

 

Report No. 13.5           Biobanking for Byron Bay Bypass - Dedication of Land

File No:                        I2015/845

 

15-504

Resolved that Council dedicates the balance of two parcels of land, Lot 2 in DP 706286 and Lot 66 in DP 863772, for the purposes of BioBanking, as an offset to the impact of the construction of the Byron Bay Bypass.                                                                                        (Woods/Richardson)

 

Reports of Committees - Sustainable Environment and Economy

 

Report No. 14.1           Report of the Sustainable Economy Committee Meeting held on 3 September 2015

File No:                        I2015/1087

 

15-505

Resolved that Council note the minutes of the Sustainable Economy Committee Meeting held on 3 September 2015.                                                                                              (Woods/Richardson)

 

15-506

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.1    Economic Development Strategy - Enterprising Byron 2025

File No: I2015/839

 

Committee Recommendation 5.1.1

1.       That the Sustainable Economy Committee note the report and draft strategy overview to be presented and discussed during the session provided on Thursday 3 September 2015.

 

2.       That the Sustainable Economy Committee schedule a workshop at a date to be determined in October 2015, to review, discuss and progress the Economic Development Strategy.

 

3.       That the Sustainable Economy Committee review the draft Economic Development Strategy and support documentation and provide their feedback from the workshop by email by 17 September 2015.

 

4.       That the Tourism Management Plan be emailed to all members of the Sustainable Economy Committee.                                                                                                 (Woods/Richardson)

 

15-507

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.2    Whale Trail and Foreshore Signage Project

File No: I2015/840

 

Committee Recommendation 5.2.1

1.       That the Sustainable Economy Committee receive and note the report as part of the tourism update.

 

2.       That Cr Cameron and Meredith Wray, as members of the Sustainable Economy Committee, be involved in discussions with the Economic Development and Tourism team and project stakeholders.

 

3.       That the Sustainable Economy Committee emphasise the importance of consistency and alignment with the Byron identity.

 

4.       That consideration be given to visible information and changing consumer behaviours in relation to QR codes, mobile apps and other technologies to ensure appeal to a broad range of visitor audiences.                                                                                    (Woods/Richardson)

 

15-508

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.3    Update on Council's progress with events

File No: I2015/846

 

Committee Recommendation 5.3.1

1.       That the Sustainable Economy Committee receive and note the report and associated presentation.

 

2.       That the Events Toolkit align with the Byron brand images, logos and information.

 

3.       That feedback on the Events Toolkit be invited from the Sustainable Economy Committee members and Councillors.

 

4.       The Sustainable Environment Committee acknowledges and thanks Claire McGarry for the work that has been undertaken to develop the toolkit to assist event organisers.

(Woods/Richardson)

 

 

Reports of Committees - Infrastructure Services

 

Report No. 14.3           Report of the Community Infrastructure Advisory Committee Meeting held on 10 September 2015

File No:                        I2015/1120

 

15-509

Resolved that Council note the minutes of the Community Infrastructure Advisory Committee Meeting held on 10 September 2015.                                                                  (Woods/Richardson)

 

15-510

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)

 

15-511

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.2    Update Report on 2012 & 2013 Landslip Restorations

File No: I2015/833

 

Committee Recommendation CIAC 5.2.1

 

1.       That Council note that the 12 Landslips from 2012 and 2013 are complete except for Upper Wilsons Creek – end of road and that there will be no further repair for Wanganui Rd - North and that the site will be monitored.

 

2.       That the Committee receive a report on the costs and benefits relating to the construction and maintenance of drainage assets in high rainfall areas where landslips have occurred in the hinterland areas.                                                                                   (Woods/Richardson)

 

15-512

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)

 

15-513

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.4    Status of Delivery of 2015/16 Local Roads Capital Works Program

File No: I2015/835

 

Committee Recommendation CIAC 5.4.1

1.       That the Community Infrastructure Advisory Committee note the actions taken to implement the 2015/16 Local Roads Capital Works Program.

 

2.       That Council receive an update on the Federal Drive Road Reconstruction Project with a view to bring it forward for completion by the end of 2015/16.                  (Woods/Richardson)

 

 

Mayoral Minute

There was no Mayoral Minute.


 

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Council Bundjalung Cultural Awareness and Induction Program

File No:                                  I2015/1189

 

15-514

Resolved that Council, in keeping with the Arakwal Memorandum of Understanding Implementation Plan:

a)      Instigate a twice-yearly cultural awareness celebration and training session for staff and Councillors.

b)      Liaise with the Arakwal Corporation as to the content, style and length of the celebration and training.                                                                                                     (Richardson/Spooner)

 

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.2     Environmentally and Socially Responsible Investments

File No:                                  I2015/1191

 

15-515

Resolved:

1.       That Council give preference to finance institutions that invest in or finance Environmentally and Socially Responsible Investments where:

 

i)        The investment is compliant with legislation and investment policy objectives and parameters; and

ii)       The rate of return is favourable relative to comparable investments on offer to Council at the time of investment.

 

2.       That a new objective is inserted into Council’s Investment Policy (12/009):

 

1.3 Environmentally and Socially Responsible Investments

 

Council gives preference to finance institutions that invest in or finance Environmentally and Socially Responsible Investments (SRI) where:

 

i)        The investment is compliant with legislation and investment policy objectives and parameters; and

ii)       The rate of return is favourable relative to comparable investments on offer to Council at the time of investment

 

SRI status may be in respect of the individual investment, the issuer of the investment, or both and should be endorsed by an accredited environmentally and socially responsible industry body or institution.

 

Environmentally and Socially Responsible Investments will be assessed on the same basis as other investment opportunities and the Council will select the investment that best meets its overall investment selection criteria.

 

The Council’s criteria relating to an SRI are those which:

 

•      direct investment towards the socially and environmentally productive activities listed below

•      avoid investment in the socially and environmentally harmful activities listed below.

 

The criteria for SRI are all desirable and not mandatory requirements.

 

Environmentally productive activities are considered to be:

 

•      resource efficiency-especially water and energy

•      renewable energy

•      production of environmentally friendly products

•      recycling, and waste and emissions reduction

 

Socially productive activities are considered to be:

 

•      fair trade and provision of a living wage

•      human health and aged care

•      equal opportunity employers, and those that support the values of communities, indigenous peoples and minorities

•      provision of housing, especially affordable housing

 

Environmentally harmful activities are considered to be:

 

•      production of pollutants, toxins and greenhouse gases

•      habitat destruction, especially destruction of forests and marine eco-systems.

•      nuclear power

•      uranium mining

•      coal seam gas mining

•      production or supply of armaments

 

Socially harmful activities are considered to be:

 

•      abuse of Human Rights and Labour Rights

•      involvement in bribery/corruption

•      production or supply of armaments

•      manufacture of alcohol, tobacco or gambling products

 

3.       That Council support Lismore City Council’s request for Local Government NSW to maintain a list of authorised deposit taking institutions that are committed to Environmentally and Socially Responsible lending and investing.

 

4.       That an update on this objective be included in Council’s regular investment report.

                                                                                                                           (Spooner/Richardson)

The motion was put to the vote and declared carried.

Cr Cubis voted against the motion.

 

 

 

Notice of Motion No. 9.3     Support on Ex-Hospital Land in Mullumbimby

File No:                                  I2015/1192

 

15-516

Resolved:

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, asking them all to support the following (which are based on resolutions of a public meeting held in Mullumbimby on 17th September 2015): 

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).                                                                  (Dey/Woods)

 

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.

 

 

 

Notice of Motion No. 9.4     Review of Homelessness Policy

File No:                                  I2015/1193

 

 

Moved:

 

1.       That Council that, at its next review of enforcement priorities, Council reconsider its role both in overcoming homelessness and in protect sensitive areas such as coastal dunes.

 

2.       That Council amend its Homelessness Policy by expanding Section 2.2 of the Policy by adding the words (as shown here in quote marks, marks to be removed):

 

          Council recognizes that all people have a right to housing that meets their individual needs and that all people have a right to enjoy public open spaces for activities that do not create adverse impacts on the rights of other users in the community "or on the environment".

 

3.       That Council seek concurrence of the NSW Police to amend the Protocol contained in the Policy, by adding the following wording in Section 4.1 of the Protocol (as shown here in quote marks, marks to be removed):

 

          If homeless person/s are in a public place but not causing trouble or committing any summary offences, then police and rangers are to use their discretion in asking them to move on. It is fair and just that everyone has an entitlement to the use "but not the abuse" of public spaces without fear of punitive action and this includes homeless or transient people.

 

4.       That Council also consider any other suggestions from Police on updating the Protocol.

(Dey/Cameron)

 

 

Procedural MotionS

15-517

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

The motion was put to the vote and declared carried.

 

15-518

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

 

Report No. 13.7           Time limits for Pay Parking and Resident Permit Parking Areas Byron Bay Parking Study

File No:                        I2015/1188

 

15-519

Resolved:

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 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.  

viii) Eastern side of Fletcher Street, Bay Street to Marvell Street to 4P

ix)   All 2P zones East of Fletcher Street to be 4P, from Bay Street, to Marvell Street

x)    Council carparks Lawson Street North and Lawson Street South to be OP

 

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.

(Wanchap/Ibrahim)

 

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)

 

Procedural MotionS

15-520

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.

 

15-521

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.

 

15-522

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.

 

Procedural Motion

15-523

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

 

Notice of Motion No. 9.4     Review of Homelessness Policy

File No:                                  I2015/1193

 

15-524

Resolved:

1.       That Council, at its next review of enforcement priorities, reconsider its role both in overcoming homelessness and in protecting sensitive areas such as coastal dunes.

 

2.       That Council amend its Homelessness Policy by expanding Section 2.2 of the Policy by adding the words (as shown here in quote marks, marks to be removed):

         

          Council recognizes that all people have a right to housing that meets their individual needs and that all people have a right to enjoy public open spaces for activities that do not create adverse impacts on the rights of other users in the community "or on the dunal environment".

 

3.       That Council seek concurrence of the NSW Police to amend the Protocol contained in the Policy, by adding the following wording in Section 4.1 of the Protocol (as shown here in quote marks, marks to be removed):

 

          If homeless person/s are in a public place but not causing trouble or committing any summary offences, then police and rangers are to use their discretion in asking them to move on. It is fair and just that everyone has an entitlement to the use "but not the abuse" of public spaces without fear of punitive action and this includes homeless or transient people.

 

4.       That Council also consider any other suggestions from Police on updating the Protocol.

 

5.       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.

 

6.       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 

 

7.       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.                                                                                                                   (Dey/Ibrahim)

 

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.

 

 

Petitions

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…”

 

 

Submissions and Grants

There were no submissions or grants.

 

 

Delegates' Reports

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

 

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

File No:                        I2015/1106

 

15-525

Resolved:

1.    That Council adopt the draft Chapter D2 of Byron Development Control Plan 2014, as publicly exhibited and included at Attachment 1, and that notice of the decision be published in a local newspaper within 28 days of this decision being made.

 

2.    That Council review part D2.6 from chapter D2 of the Byron Shire DCP 2014 within the Byron Rural Land Use Strategy timetable as well as:

a)         Review the application of D2.2.3 within D2.7.2 (1) Studios and Farm Buildings Performance Criteria

       b)         Review D2.4.1 (2) Rural Workers Dwellings Prescriptive Measures.

 

3.    That the LEP paragraph quoted on page 80 of the staff report be inserted as a note in section D2.5.2 underneath Prescriptive  Measures 3.                                                    (Ibrahim/Woods)

 

 

Procedural Motion

15-526

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

 

Report No. 13.6           Draft Terms of Reference Belongil Catchment Advisory Committee

File No:                        I2015/1187

 

15-527

Resolved:

1.       That Council amend the draft Constitution (Attachment 1 to today's Report 13.6) as follows:  

Purpose

The purpose of the Belongil Catchment Advisory Committee is to advise Council on:  

 

a)    priorities and integration of various Plans and Strategies impacting on the Belongil Catchment, including -  

(i)      Plans and Strategies for managing the Byron STP  

(ii)     Belongil Creek Flood Risk Management Plan  

(iii)     Belongil Creek Flood Risk Management Study and Plan Summary  

(iv)    Cumbebin Swamp Plan of Management  

(v)     Byron Bay Stormwater Management Plan  

(vi)    Belongil Estuary Management Plan  

(vii)   Preferred Byron Drainage Strategy  

(viii)   any "fate of effluent" reports;  

b)    any agreements between Council and landowners in the catchment and/or the Belongil Swamp Drainage Union;  

c)    other catchment issues within the Belongil Catchment.  

 

Miscellaneous  

<remove the word "All" at the start of the first two paragraphs>.  

 

2.       Adopt the draft Constitution as amended by Part 1.   

 

3.       Advertise for community members in the Council Notices of 22 October, with closure of applications three weeks later (ie on 12 November).  

 

4.       Write to the affected landowners and to the Drainage Union inviting them to apply by the same date for representation on the new Committee.  

 

5.       Report to Council on 10 December with recommendations for membership and for a first meeting date in February 2016.                                                                      (Dey/Richardson)

 

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

 

Report No. 14.2           Report of the Transport Advisory Committee Meeting held on 1 September 2015

File No:                        I2015/1109

 

15-528

Resolved:

1.       That Council note the minutes of the Transport Advisory Committee Meeting held on 1 September 2015. 

 

2.       That Council appoints Sapoty Brook as a community representative for membership of the Transport Advisory Committee and that the Constitution of the Committee be amended if and where necessary to facilitate these changes in membership.

 

3.       That Council notes that the Committee has reviewed time limits in regard to the Byron Bay parking study which will inform a forthcoming staff report on the subject and is the basis of the presentation at the 24 September 2015 Councillor strategic planning workshop.

 

4.       That in noting the Committee concerns regarding Butler Street Reserve, including the potential it will at most times be under utilised and a site of last choice, Council receive a report that considers but not limited to the matters to be raised in the staff cover report to Council (I2015/1109).

 

5.       That the forthcoming staff report on exemptions and criteria, as called for by Part 2 of Resolution 15-378, also consider the following Committee recommendations:

a)      that the volunteer and worker exemption be only made available to the individuals via their respective Council recognised volunteer organisation or place of employment on the basis that such organisations:

i)     have a physical premises within the pay parking area;

ii)    open and hold a single account, similar to an eTag account, whereby they as the account holder can verify those who are eligible or not for such an exemption; 

iii)    as account holder, can remove, add and transfer exemptions as needed;

iv)   are responsible for the payment of the account; and

v)    accept that Council staff can, with notice, audit, cease or decline any account or request for such.

b)      that given the above, the same report also detail criteria:

i)     of a Council recognised volunteer organisation or place of employment; and

ii)    regarding the circumstances that staff would issue notice or undertake audit of an account held, or cease or decline any account or request for such.

(Cameron/Richardson)

 

 

Procedural Motion

15-529

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

 

Procedural Motion

15-530

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.

 

 

No. 1 Matter of Urgency - Declare 2 October Mark "Mono" Stewart Day in Byron Shire

 

15-531

Resolved:

1.       That Council, in recognition of his achievement of winning the World Adaptive Surfing Championship and for being an inspiration for all with physical challenges and for those who love the ocean, declares 2 October, Mark “Mono” Stewart Day in Byron Shire.

 

2.       That the Communications Committee consider a protocol around the concept of naming days in the Shire.                                                                                        (Richardson/Woods)

 

The motion was put to the vote and declared carried.

 

 

 

Procedural Motion

15-532

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.

 

 

No. 2 Matter of Urgency - Resolution of Report 13.7

 

15-533

Resolved that in relation to the resolution 15-519 of Report 13.7 of this meeting, RMS be notified of the changes and if RMS concurrence is withdrawn, Council proceeds with the original staff recommendation that has obtained RMS concurrence.                                     (Richardson/Cameron)

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