Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 19 November 2015

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

19 November 2015

 

 

INDEX OF ITEMS DISCUSSED

 

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

 

Report No. 13.3          Budget Review - 1 July 2015 to 30 September 2015. 4

Report No. 13.4          Code of Conduct Annual Report 1 September 2014 - 31 August 2015. 5

Report No. 13.5          Council Investments October 2015. 5

Report No. 13.6          Presentation of 2014/2015 Financial Statements. 5

Report No. 13.7          Affix the Council Seal - Sale of Land for Unpaid Rates. 5

Report No. 13.8          PLANNING - Planning Proposal - For finalisation of rezoning of private land and reclassification of community land adjacent to Bangalow Bowling Club. 5

Report No. 13.10       Report of 15 October 2015 meeting of the Coastal Zone Management Plan Byron Bay Embayment Project Reference Group. 6

Report No. 13.14       Request to Purchase Strip of Council Operational Land at Matong Drive, Ocean Shores  6

Report No. 14.1          Report of the Internal Audit Advisory Committee Meeting held on 22 October 2015  7

Report No. 13.15       High Water Bill 15 Luan Court Byron Bay. 8

Mayoral Minute No. 8.1            Consideration of alternative subdivision or apartment design at 70-90 Station Street, Mullumbimby. 8

Mayoral Minute No. 8.2            Updates on Byron Shire Emission Reduction Initiatives. 9

Notice of Motion No. 9.1          Mayor's Discretionary Allowance. 10

Notice of Motion No. 9.2          Webcam Ewingsdale Road. 10

Report No. 13.1          Council Resolutions Review July to September 2015. 14

Report No. 13.2          Council Meeting Schedule for 2016. 14

Report No. 13.9          Coastal Hazard Management Study Byron Bay Embayment 15

Report No. 13.11       PLANNING - Rural Land Use Strategy - Draft Policy Directions Paper 16

Report No. 13.12       PLANNING - Rural Land Use Strategy - Public Exhibition Community Consultation  17

Report No. 13.13       Update on Proposed Road and Bridge Names. 17

Question With Notice No. 15.1                 Fate of Effluent at Belongil 18

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                    19 November 2015

 

 

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 19 November 2015 COMMENCING AT 9.04AM AND CONCLUDING AT 2.40PM

I2015/1382

PRESENT:   Cr S Richardson (Mayor), Cr B Cameron, Cr D Dey, Cr A Hunter,
Cr S Ibrahim, Cr P Spooner 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)

            Lisa Brennan/Mila Jones (Minute Taker)

 

The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.

 

 

Public Access

 

Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:

 

13.8     PLANNING – Planning Proposal – For finalisation of rezoning of private land and reclassification of community land adjacent to Bangalow Bowling Club

 

Damian Chapelle addressed Council in favour of the recommendation.

 

13.15   High Water Bill 15 Luan Court, Byron Bay

 

Glenn Oswald addressed Council against the recommendation.

 

 

Apologies

 

There were apologies received from Crs Wanchap and Cubis.

 

Procedural Motion

15-571

Resolved that the apologies from Crs Wanchap and Cubis be accepted and a leave of absence granted.                                                                                                                (Richardson/Woods)

The motion was put to the vote and declared carried.

 

 

Requests for Leave of Absence

 

Cr Richardson requested a leave of absence from 28 November 2015 to 14 December 2015.

 

Procedural Motion

15-572

Resolved that Cr Richardson be granted a leave of absence from 28 November 2015 to 14 December 2015.                                                                                                              (Woods/Dey)

The motion was put to the vote and declared carried.

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

Under sections 451(4) and (5) of the Local Government Act 1993 Crs Dey, Hunter and Cameron declared a special disclosure of pecuniary interest in Item 13.11.  

 

 

Tabling of Pecuniary Interest Returns

 

In accordance with the Local Government Act 1993 Section 450A(2), Section 449(1) a First Return was tabled from Justine Barratt, Environmental Health Officer.

 

 

Adoption of Minutes from Previous Meetings

 

15-573

Resolved that the minutes of the Ordinary Meeting held 29 October 2015 be confirmed.

          (Dey/Woods)

The motion was put to the vote and declared carried.

 

 

Reservation of Items for Debate and Order of Business

 

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

 

Staff Reports 

 

Corporate and Community Services

Report No. 13.1       Council Resolutions Review July to September 2015

Report No. 13.2       Council Meeting Schedule for 2016

 

Sustainable Environment and Economy

Report No. 13.9       Coastal Hazard Management Study Byron Bay Embayment

Report No. 13.11     PLANNING - Rural Land Use Strategy - Draft Policy Directions Paper

Report No. 13.12     PLANNING - Rural Land Use Strategy - Public Exhibition Community Consultation  

 

Infrastructure Services

Report No. 13.13     Update on Proposed Road and Bridge Names

Report No. 13.15     High Water Bill 15 Luan Court Byron Bay  

 

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Woods. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 15-574 and concluding with Resolution No. 15-583.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.3           Budget Review - 1 July 2015 to 30 September 2015

File No:                        I2015/1297

 

15-574

Resolved:

1.       That That Council authorise the itemised budget variations as shown in Attachment 2 (#E2015/72257) which includes the following results in the 30 September 2015 Quarterly Review of the 2015/2016 Budget:

a)      General Fund - $0 adjustment in the accumulated surplus/working funds

b)      General Fund - $607,900 decrease in reserves

c)      Water Fund - $27,300 increase in reserves

d)      Sewerage Fund - $3,900 decrease in reserves

 

2.       That Council adopt the revised General Fund Accumulated Surplus/(Working Funds) of $919,100 for the 2015/2016 financial year as at 30 September 2015.   (Richardson/Woods)

 

 

 

Report No. 13.4           Code of Conduct Annual Report 1 September 2014 - 31 August 2015

File No:                        I2015/1308

 

15-575

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

 

 

Report No. 13.5           Council Investments October 2015

File No:                        I2015/1310

 

15-576

Resolved that the report listing Council’s investments and overall cash position as at 31 October 2015 be noted.                                                                                                     (Richardson/Woods)

 

 

Report No. 13.6           Presentation of 2014/2015 Financial Statements

File No:                        I2015/1349

 

15-577

Resolved that the Audited Financial Statements and Auditors Reports for the 2014/2015 financial year be presented to the Public in accordance with Section 419(1) of the Local Government Act 1993.                                                                                                                    (Richardson/Woods)

 

 

Report No. 13.7           Affix the Council Seal - Sale of Land for Unpaid Rates

File No:                        I2015/1352

 

15-578

Resolved that Council’s seal be affixed to the Property Transfer document associated with the sale of land located at 152 Shara Boulevard Ocean Shores (Folio Identifier 2050/808462) in accordance with Regulation 400(4) of the Local Government (General) Regulation 2005 and to implement Council resolution 14-608.                                                                 (Richardson/Woods)

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.8           PLANNING - Planning Proposal - For finalisation of rezoning of private land and reclassification of community land adjacent to Bangalow Bowling Club

File No:                        I2015/1107

 

15-579

Resolved that Council forward the Planning Proposal (and related legal documents) relating to Lot 10 DP 748099 Byron Bay Road, Bangalow and Lot 5 DP 609656 Byron Bay Road, Bangalow, to the NSW Department of Planning and Environment with a request to draft and finalise amendments to Byron Local Environmental Plan 2014 having the following effect:

1.       That part of Lot 10 DP 748099, Byron Bay Road, Bangalow:

a)   is rezoned from RE2 Private Recreation to part R2 Low Density Residential and part SP3 Tourist;

b)   is identified on the minimum Lot Size Map as having a minimum lot size partly of 1,000 square metres and partly of 2,000 square metres; and

c)   is identified on the maximum Floor Space Ratio (FSR) Map as having a maximum FSR of 0.5:1

 

2.       That Lot 5 DP 609656, Byron Bay Road, Bangalow is classified as “operational land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993. 

(Richardson/Woods)

The motion was put to the vote and declared carried.

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

No Councillors voted against the motion.

 

 

 

Report No. 13.10         Report of 15 October 2015 meeting of the Coastal Zone Management Plan Byron Bay Embayment Project Reference Group

File No:                        I2015/1300

 

15-580

Resolved:

1.       That Council note the minutes of the Coastal Zone Management Plan Byron Bay Embayment Project Reference Group held on 15 October 2015.

 

2.       That the Constitution of the Coastal Zone Management Plan Byron Bay Embayment Project Reference Group be amended such that:

 

a)      The timeframe for the PRG shall conclude when the CZMP is certified by the Minister.

b)      A quorum is to constitute at least half the number of members, 2 of which are to be councillors. i.e. 7 members.                                                              (Richardson/Woods)

 

The motion was put to the vote and declared carried.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.14         Request to Purchase Strip of Council Operational Land at Matong Drive, Ocean Shores

File No:                        I2015/1100

 

15-581

Resolved:

1.       That Council endorse the application to purchase a strip of Council’s operational land (Lot 944 DP 241810) at Ocean Shores, at the rear of numbers 41 and 43 Matong Drive (Attachment 3 S2015/2924), as per Figure 1 of this report.

 

2.       That Council ascertain market value by retaining a suitably qualified valuer and delegate to the General Manager the authority to enter into a contract for sale of the strip of Council operational land (Lot 944 DP 241810) at Ocean Shores for a value no less than the highest value placed on the subject strip of Council’s operational land by the independent valuer.

 

3.       Without limiting the delegation to the General Manager to negotiate a contract suitable to the Council, terms and conditions of the contract will include requirements for:

 

i.       the applicant to pay all costs associated with the purchase of strip of Council’s operational land, including but not limited to:

 

a)      Council application fees

b)      Council’s surveyor's fees and survey, valuation and legal costs

c)      All registration fees

d)      Legal costs

 

ii.       The additional strip to then be consolidated into corresponding Property parcel numbers (43 Matong Drive PN 51360 and 41 Matong Drive PN 51340)

 

iii.      An easement over portions of the lot for the purposes of providing Stormwater Discharge and Asset Protection Zone for Bushfire protection for the proposed community title subdivision and residential development (as per ii above) in favour of Council in accordance with the requirements of Council Policy No 4.20.

 

4.       That Council authorise the affixing of the Council seal to and the signing of all documents necessary to affect the sale and transfer of the strip of Council operational land (Lot 944 DP 241810) at Ocean Shores.                                                                         (Richardson/Woods)

 

 

Report of Committee - Corporate and Community Services

 

Report No. 14.1           Report of the Internal Audit Advisory Committee Meeting held on 22 October 2015

File No:                        I2015/1303

 

15-582

Resolved that Council note the minutes of the Internal Audit Advisory Committee Meeting held on 22 October 2015.                                                                                                 (Richardson/Woods)

The motion was put to the vote and declared carried.

 

15-583

Resolved that Council note the following Committee Recommendation:

Report No. 5.1    Draft 2014/2015 Financial Statements

File No: I2015/1279

 

Committee Recommendation 5.1.1

That the Internal Audit Advisory Committee recommend to Council:

 

1.    That Council approve the signing of the “Statement by Councillors and Management” in accordance with Section 413(2)(c) of the Local Government Act 1993 and Clause 215 of the Local Government (General) Regulation 2005 in relation to the 2014/2015 Draft Financial Statements.

 

2.    That Council exhibit the Financial Statements and Auditor’s Report (E2015/66974, E2015/66976, E2015/67408, E2015/67648, E2015/67649 and E2015/67658) and call for public submissions on those documents with submissions closing on 27 November 2015 in accordance with Section 420 of the Local Government Act 1993.

 

3.    That the Audited Financial Statements and Auditors Report be presented to the public at the Ordinary Meeting of Council scheduled for 19 November 2015 in accordance with Section 418(1) of the Local Government Act 1993.                                                  (Richardson/Woods)

 

 

Procedural Motion

15-584

Resolved that Council change the order of business to deal with Report 13.15 next on the Agenda.                                                                                                                    (Richardson/Dey)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.15         High Water Bill 15 Luan Court Byron Bay

File No:                        I2015/1353

 

15-585

Resolved:

1.    That Council waive the water charge as well as sewer charge for consumption to date in 2015 at 15 Luan Court Byron Bay.  

 

2.    That Council assist the landholder to secure the water meter.  

 

3.    That Council review its Policies and Procedures relating to assisting those who are surprised by large water bills and consider making our documents line up where possible with those of Rous Water.                                                                                                              (Woods/Dey)

 

The motion was put to the vote and declared carried.

 

 

Mayoral Minute

 

 

Mayoral Minute No. 8.1       Consideration of alternative subdivision or apartment design at 70-90 Station Street, Mullumbimby

File No:                                  I2015/1362

 

15-586

Resolved that Council:

1.   Defer current proposals for the construction on 4 of the lots in the subdivision at 70-90 Station Street, Mullumbimby (DA 10.2014.404.2) for general residential development purposes.

 

2.   Not proceed with the removal of the large fig tree on that property without the express approval of the Council.

 

3.   Delegate to the General Manager the authority to enter into discussions with the North Coast Community Housing Company regarding the potential development of a range of affordable housing (80% of market rental) and community housing (including aged, disability, and low income) at 70-90 Station Street, Mullumbimby.

 

4.   Provide a six (6) month due diligence period to the North Coast Community Housing Company to help them to ascertain whether such development options on the site are viable and able to be resourced.

 

5.   Require that the large fig tree is retained as part of any community housing development on the site.

 

6.   Engage a suitably qualified property valuer to ascertain the current market value for Lots 2, 3, 4, and 5 at 70-90 Station Street, Mullumbimby.

 

7.   In the event that the due diligence undertaken by the North Coast Community Housing Company demonstrates that the community housing development options on the site are viable and able to be resourced, meet the expectations of the Council in terms of the proposed community/affordable housing mix, and development approval is obtained, delegates to the General Manager the authority to:

 

a)    Execute a covenant over Lots 2, 3, 4 and 5 at 70-90 Station Street, Mullumbimby to restrict any development on the site to affordable and/or community housing purposes

b)    enter into a Contract of Sale with North Coast Community Housing Company for Lots 2, 3, 4 and 5 at 70-90 Station Street, Mullumbimby at a value no less than the highest market value for the site determined by the independent property valuer.

(Richardson)

AMENDMENT

 

Moved:  That Council:

 

1.   Defer current proposals for the construction on 4 of the lots in the subdivision at 70-90 Station Street, Mullumbimby (DA 10.2014.404.2) for general residential development purposes.

 

2.   Not proceed with the removal of the large fig tree on that property without the express approval of the Council.

 

3.   Delegate to the General Manager the authority to enter into discussions with the North Coast Community Housing Company regarding the potential development of a range of affordable housing (80% of market rental) and community housing (including aged, disability, and low income) at 70-90 Station Street, Mullumbimby.

 

4.   Provide a six (6) month due diligence period to the North Coast Community Housing Company to help them to ascertain whether such development options on the site are viable and able to be resourced.

 

5.   Require that the large fig tree is retained as part of any community housing development on the site.

 

6.   Engage a suitably qualified property valuer to ascertain the current market value for Lots 2, 3, 4, and 5 at 70-90 Station Street, Mullumbimby.

 

7.    Request the General Manger to report to Council on the negotiations with the North Coast Community Housing Company.     (Ibrahim/Woods)

 

The amendment was put to the vote and declared lost.

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

 

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

 

Note: During a recommital of the vote on Resolution 15-586, Cr Woods voted against the motion.  The resolution to recommit the vote can be seen at Resolution 15-600.

 

 

 

Mayoral Minute No. 8.2       Updates on Byron Shire Emission Reduction Initiatives

File No:                                  I2015/1363

 

15-587

Resolved that Council:

1.       Note the update on the Zero Emission Byron project, supported by Council.

 

2.       Note the invitation to the Mayor, to present the Zero Emission Byron project at the 100% Renewable Energy Dialogue Workshop, as part of the ICLEI Global 100% Renewable Energy Cities and Regions Pavilion, at the United Nations Framework Convention on Climate Change  (UNFCC) conference in Paris.

 

3.       Support the Mayor’s acceptance to showcase the Zero Emission Byron Project at the conference as outlined above and acknowledge this participation has, in large part, been funded by over 20 Shire residents and groups.

 

4.       Support the Mayor joining the Compact of Mayors; the world’s largest cooperative effort among mayors and city leaders to reduce greenhouse gas emissions, track progress, and prepare for the impacts of climate change.                                                           (Richardson)

 

The motion was put to the vote and declared carried.

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Mayor's Discretionary Allowance

File No:                                  I2015/1311

 

15-588

Resolved:

1.       That Council note the following donation from the Mayor’s Discretionary Allowance 2015/16:

 

·   Zero Emissions Byron Project - $500

 

2.       That Council advertise the donations in accordance with Section 356 of the Local Government Act 1993.                                                                               (Richardson/Woods)

 

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.2     Webcam Ewingsdale Road

File No:                                  I2015/1355

 

15-589

Resolved that Council:

1.       investigate and cost the installation and operation of up to three cameras on Ewingsdale Road and similar on Broken Head Road approaching Byron Bay, in preparation for consideration of funding in Council’s 2016/17 budget allocations, for part or all the cost of such a system; 

 

2.       consider which locations which would best achieve the objective of allowing Shire residents in particular and others to tailor the timing of a trip to Byron Bay to avoid the worst traffic delays; 

 

3.       also look into partnership arrangements for both the installation and the operation of such a system.                                                                                                            (Dey/Richardson)

 

The motion was put to the vote and declared carried.

 

 

Petitions

1.      Save Mullumbimby’s Fig

 

Cr Richardson tabled a petition containing 1,675 signatures which states:

 

“Whilst not opposed to the sale and development of the land, we as a community, are very much opposed to the destruction of this majestic tree and with the lack of public consultation on the matter…”

 

 

Submissions and Grants

The Mayor, Cr Richardson, asked whether funding applications had been considered and/or prepared for bridges within the Shire.  The Director Infrastructure Services advised of the funding applications prepared and submitted.

 

 

Delegates' Reports

1. Beyond Zero Emissions Project – Buildings sub-group

Cr Dey advised Council:

The sub-group is focused on reducing emissions from the construction and the use of buildings, both residential and commercial.  We met on 9 November to further the current main endeavour - to pull together base data on emissions from the sector under current practice.  This includes the materials and the construction of buildings.  It’s exciting to be involved and it’s really good to have such broad support from community to take this endeavour forward. 

 

2. NSW Annual Coastal Conference

Cr Dey advised Council:

I attended the Coastal Conference last week in Foster.  I’ll present a full written report for the Agenda for Council’s meeting on 10 December.  One of the highlights of the Conference was the Planning Minister Rob Stokes’ introducing detail on the Coastal Management Reforms.  Draft documents are found through <haveyoursay.nsw.gov.au> and there are some glossy brochures out.  Stokes plans to introduce a Bill mid 2016 to create a State Environmental Planning Policy (SEPP) for managing the NSW coast, along with a zoning system of four coastal areas (a wetlands and rainforest area; a vulnerability area; an environmental area; and a ‘use’ area).  I imagine that those four areas, when they’re defined for our Shire, will replace what is currently zoned Deferred Matter in our LEP2014. 

I love Coastal Conference because presenters give from the heart.  It’s not like other conferences - you don’t just have companies standing up and doing a sales pitch and inviting you to speak to their accountant to purchase a wonderful product from them.  People actually get up and talk about current issues and where the research is going. 

One presentation discussed the impact of sea level rise (SLR) and the interrelationship between that and coastal geomorphology.  A lot of the Australia’s coast has a sandy sea bed and when you add an extra half metre or one metre depth of water, the shape of that sandy sea floor will change.  Nobody has models that can predict the change.  Currently, some of the “boffins” are modelling past changes so that future change can be predicted from that.  There is a “Forster/Tuncurry” sand area with massive accretion under all scenarios (for sea levels recently 2 metres higher and for earlier times when they were metres lower).  During this century and the next, there will be SLR but the shape of the sea bed beneath that water will take a lot longer to settle down than those 100 or 200 years. 

 

3. Rous Water Meeting

Rous Water met yesterday 18 November.  The organisation is to be restructured in 2016 prior to the mid-year merger of the three counties into one (after which there is a three-year freeze on structure).  The restructure contributes to savings which will allow Rous to meet the desires of its four constituent Councils to not raise its charges for their bulk water supply over the next few years. 

Another report yesterday granted financial relief to another direct customer of Rous.  As we see regularly at Rous, the customer had been shocked by a large water bill caused by a water leak that went undetected until the meter was read.  Such customers are able to plead their case and have bills reduced, sometimes saving $ thousands.  Rous is able to waive water charges and reduce the bill. 

 

4. Captains Ride Arrival

Cr Hunter advised Council:

I stepped in for the Mayor and Deputy Mayor in their absence to attend the celebration of the Captains Ride Arrival which is Steve Waugh’s group. They are a riding group of 30 riders who started out at Wiseman’s Ferry near Sydney and over five days made their way up to their final destination, and where else more special than here, and ended up at Byron @ Byron. Pretty gutsy sort of effort.

They’re raising money for children with rare diseases and two of those kids that they were riding for, on the way up past away. It was special for the riders. They had the dinner with the bike riders, the wives and friends, supporters and organisers and they made a big special effort of it.  A number of them asked me what was on in Byron that weekend because they were going to spend the weekend and I was caught out so I thought if they want to make it an annual event perhaps what we could do early is have some type of partners program where we get some volunteer drivers to perhaps take them around in little buses or whatever. We’ve got the Greeters program and some of the others and maybe we could be cross pollinating and getting something like that happening. I think it wouldn’t take much to think ahead of the game and get something in plan because it’s a good opportunity.

These people are really gutsy sort of people, they’re the type of people that we should be helping in whatever way we can, so I’ll keep on it anyway and I’ll see if we can get some uniformity across these things because of the festivals and all sorts of other things that we could be doing something for. But anyway that was one of the most enjoyable evenings I’ve spent. They were giving each other prizes and patting each other on the back, they had all sorts of funny awards for the most caring parent on the way up and the best rider, and the one that had the most accidents and all sorts of things. Anyway we had a fun time.

5. NOROC Meeting

Cr Richardson advised Council:

The Sydney NOROC meeting occurred last Thursday.  The General Manager and I went down to Sydney for it. I think it happens every second year where there’s basically an opportunity for GMs and Mayors to get in front of a whole line up of Ministers.

The itinerary was severely curtailed when Charles and Camilla came to Parliament and all of a sudden the Ministers were very scarce on the ground. I did invite Camilla and Charles to join us but it didn’t seem to work.

It was really interesting I guess just as an overall to see which Ministers were really on top of their area compared to some others. We had Gladys Berejiklian from Treasury, we had some high level advisors for some departments whose Ministers weren’t there, but we had Minister Speakman for the Environment. We also had Minister Stokes’ chief of staff and we had the chief of staff of the Roads Minister which was a particularly fruitful conversation for Byron. We outlined our disappointment and frustration with RMS sort of changing the game a little bit, as far as assistance in the bypass, and by the next day that was rectified. We also outlined our concerns about the highway delays and potentially the word we’ve heard about the landscaping plan of the highway going pear shaped and so a meeting has been pulled together quite quickly with the head of that development. So it was quite gratifying to have some conversations with either the Ministers or their second in charge who really were open to the conversations.

We had the opportunity to share regional areas of concern and other times quite specific Byron ones. We did have a few Minister cancellations.  Minster Toole couldn’t make it and I must admit his spokesperson broke new ground in using a lot of words but saying nothing and there was a few like that who kind of didn’t want to be there. The Hon. Berejiklian was quite open and clearly has a pretty solid understanding of her portfolio which was pretty impressive to see.  So all in all if we’d known the cancellations of Ministers a week before we might have cancelled our trip. However, out of that I also managed to grab a meeting with Minister Blair from the Primary Industries to talk about the sharks and Byron’s response so that was really a great meeting too and they were really supportive of what we’re looking to possibly do and not do in Byron. So there were some positives out of it and there was probably some frustrations as you can imagine.

The Deputy Premier Troy Grant, who spoke on mainly policing matters and racing matters, clearly the greyhound and racing matters didn’t particularly have Ken and I besotted but again I’m presuming from that conversation he’s an ex-policeman because he certainly had his head around that portfolio pretty strongly too.

It was also hard not to get the attitude though by some of the representatives that council is slightly the lesser of the levels of government; we were told how exciting it is that we were in the big house which was hard not to see as a condescending swipe, but we all looked the other way when comments such as that were pushed our way.

The General Manager also advised Council:

We also met with Steve Orr who’s one of the Senior Executives in Premier and Cabinet who formerly was the Acting CEO for the Office of Local Government.  So there was some timely feedback from him about Fit For the Future information and how that’s going, and it was probably the first opportunity we had as a group to acknowledge Council’s fantastic effort in actually being declared fit which was no mean feat.  It took a number of years and if you look at where we started from in terms of our financial position I think with Council and staff working together we’ve done something pretty amazing; we had to turn this place around in that sort of time frame.

Some of the benefits that flow from being fit for the future are, the access to cheaper loans available through the new State Government borrowing authority that they’ve set up. It was confirmed at the meeting with Steve Orr that only those councils that have been declared fit for the future will have access to those loans so we’re one of 40% of councils that have been declared fit so that’s an opportunity we can explore, maybe not right now but in the future.

The special rate variation process, you might remember that when the Local Government Review Panel reported on their proposals for future of Local Government, they recommended that councils who were fit would be able to raise their rates by 3% above the rate peg annually without recourse to the IPART through a special rate variation. They’re confirming that that’s still the intention but it’s now forming part of a broader rate system review that they’re undertaking and that rate system review will also look at the broad categories of rate exemptions that currently apply so they’re looking to reduce those exemptions for various categories of properties so that’ll be interesting to see the outcome of that.

You also might remember we spoke to the State Grants Commission in this Chamber probably 15-18 months ago and talked to them about the need for the formula by which those funds are distributed in NSW to councils disadvantaged regional councils. It was pleasing to have Steve Orr confirm that the FAGS formula is currently under review right now which is good. The other matter is the special group that was formed to look at the Local Government Act, our major set of legislation,  which is overly prescriptive and the whole review of the Act was intended that it would become a more enabling, simpler set of legislation which facilitates councils’ ability to do things rather than restricts and constrains. Even though they haven’t committed to a timeframe they have expressed their intention that they still want to go ahead with significant reform to the Local Government Act so to me that’s probably as if not more significant to issues such as amalgamation, which have grabbed the headlines. If that whole legislative basis for Local Government is changed it will certainly facilitate a new way ahead for Local Government which will enable us hopefully to cut through a lot of the existing red tape and to get things done more quickly without referral to so many levels of government agencies which take so much time. We’ve experienced that with the OEH on a range of issues for example. There are also many others so I think that’s potentially a significant outcome.

The meeting adjourned at 10.53am and reconvened at 11.13am.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Council Resolutions Review July to September 2015

File No:                        I2015/1245

 

15-590

Resolved:

1.     That Council note the completed resolutions in Attachment 1 (E2015/65205).  

 

2.     That Council receive and note the information provided in Attachment 2 (E2015/65214) on outstanding Council resolutions.  

 

3.     That Council receive in February 2016 an update and estimated date of completion of the following outstanding resolutions (Pages refer to today's Agenda):  

 

P63 15-480 and P162 15-479 Cypress in The Terrace Caravan Park.  

P68 13-621 and P143 15-155 Weed/Pest Management Measures.  

P77 15-056 Steam Weeding Trial.  

P85/6 15-190 median at entrance to Woolies in Mullumbimby.  

P88 15-196 customer parking at Village Greens.   

P91/2 15-204 interim actions on flying fox camps  

P92 15-226 Caravan Park booking rules.  

P93/4 Fate of Effluent Part 3, to invite Councillors to meetings.  

P115 10-369 Polepic development at North Ocean Shores.  

P115 10-457 Lot 2 DP 747876 Bangalow – Former cattle dip site remediation

P116-7 11-549 Fire Station at Goonengerry.  

P126-7 13-533 and P132 14-240 Grays Lane.  

P135 14-544 dog and cat free estates.  

P141 15-062 review of s64 charges.  

P143/4 15-156 canoe access to Marshalls Creek.  

P145 15-214 further flying fox issues.                                                             (Dey/Richardson)

The motion was put to the vote and declared carried.

 

FORESHADOWED MOTION

 

15-591

Resolved that Council receive a report at the 10 December 2015 meeting on the S68 licences for Brunswick Heads Caravan Parks.                                                                           (Dey/Richardson)

The motion was put to the vote and declared carried.

 

 

Report No. 13.2           Council Meeting Schedule for 2016

File No:                        I2015/1276

 

15-592

Resolved:

1.       That Council adopts the following schedule of Ordinary Meetings and Strategic Planning Workshops (SPW) for 2016:

 

Date

(2016)

Meeting/Workshop

Location

(if not Mullumbimby)

4 February

Ordinary

 

11 February

SPW

 

25 February

Ordinary

 

17 March

Ordinary

 

24 March

SPW

 

7 April

Ordinary

Ocean Shores

14 April

SPW

 

28 April

Ordinary

 

19 May

Ordinary

 

26 May

SPW

 

9 June

Ordinary

Byron Bay

16 June

SPW

 

Midyear recess

4 August

Ordinary

 

11 August

SPW

 

25 August

Ordinary

 

Local Government Elections (10/9/16)

22 September

SPW1

 

29 September

Ordinary2

 

6 October

Ordinary

 

13 October

SPW

 

27 October

Ordinary

 

17 November

Ordinary

To be determined

24 November

SPW

 

8 December

Ordinary

 

15 December

SPW

 

1.     This SPW will be for induction and training purposes.

2.     This Ordinary meeting will be solely for the purposes of electing the deputy mayor, s355, advisory and regional committee membership.

 

2.       That the Ordinary Meetings to be held in the Council Chambers, Mullumbimby commence at 9.00am and conclude no later than 6.00pm unless otherwise resolved by Council.

 

3.       That the Ordinary Meetings to be held in locations other than Mullumbimby commence at 4.00pm and conclude no later than 9.00pm unless otherwise resolved by Council.                                                                                                                          (Spooner/Woods)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.9           Coastal Hazard Management Study Byron Bay Embayment

File No:                        I2015/873

 

15-593

Resolved:

1.    That Council notes:

a)    version 5 "Coastal Hazard Management Study Byron Bay Embayment" submitted in November 2015 by Council's consultants at the Water Research Laboratory of the University of NSW and the incompleteness of Stage 3 investigations for Sand Nourishment.

b)    Office of Environment and Heritage comments in its letter of 18/8/15 (E2015/53385; page 458 of today's Agenda) including the need for further investigations if an "adaptive management approach" is adopted, especially the need to investigate the Dedication of an appropriate long-term sand nourishment source.

c)    Office of Environment and Heritage comments in its letter of 28/10/15 (E2015/72885; page 463 of today's Agenda) on the Cost Benefit Analysis where OEH found after correcting errors and assumptions that the ranking of options changed and that Planned Retreat has become the top performing option.

d)    DPI Crown Lands comments of 16/10/15 (E2015/72888; page 468 of today's Agenda).

e)    Rob Stokes Minister of Planning letter of 19/10/15 on the Draft Coastal Zone Management Plan (S2015/13004; page 476 of today's Agenda) including that Council cannot expend state grant funds for this CZMP after December 2015.

2.   That Council also notes that as a result of Office of Environment and Heritage comments on 28/10/15 about the Cost Benefit Analysis (CBA; Appendix N of WRL's "Coastal Hazard Management Study Byron Bay Embayment") a workshop will be convened with the objective of reviewing and revising the CBA in a collaborative fashion and that a further Council report will detail the outcome of that workshop, which will include the WRL consultants and their sub-consultants Griffith Centre for Coastal Management plus OEH, Council staff and Councillors.                                                                                                                    (Cameron/Richardson)

The motion was put to the vote and declared carried.

Crs Ibrahim, Woods and Hunter voted against the motion.

 

RESCISSION MOTION LODGED 19 NOVEMBER 2015

 

 

Procedural Motion

15-594

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

The motion was put to the vote and declared carried.

 

FORESHADOWED MOTION

 

15-595

Resolved:

1.    That Council commission an independent report from a qualified practitioner with experience in coastal morphology that provides a review and explanation of Planned Retreat methodology and options that may be considered in a Coastal Zone Management Plan (CZMP) specifically written to assist community understanding of Planned Retreat options and methodology prior to and during consultation for and consideration of a CZMP and associated documents.

 

2.      That Council undertake appropriate analysis of sand transfer/nourishment methodology, including source of sand, frequency of transfer and costs prior to exhibition of the draft CZMP.

 

3.    That funding for points 1 and 2 above be drawn from the Risk Management Reserve (5013.209) up to $40,000.                                                                         (Cameron/Richardson)

 

The motion was put to the vote and declared carried.

Crs Ibrahim, Woods and Hunter voted against the motion.

 

RESCISSION MOTION LODGED 19 NOVEMBER 2015

 

The meeting adjourned for lunch at 12.19pm and reconvened at 1.05pm.


 

 

 

 

Report No. 13.11         PLANNING - Rural Land Use Strategy - Draft Policy Directions Paper

File No:                        I2015/1304

 

 

Under sections 451(4) and (5) of the Local Government Act 1993 Crs Dey, Hunter and Cameron declared a special disclosure of pecuniary interest in this item at the beginning of the meeting.  

 

15-596

Resolved that Council adopt the Policy Directions Paper contained in Attachment 1 as a key document to inform preparation of the draft Rural Land Use Strategy, with the following amendments to the relevant sections below:

a)    Add the words “and those who have undertaken riparian and ecological restoration work” at the end of the fifth bullet point in section 2.1.

b)    Add the words “and take into consideration increased road traffic impacts” at the end of point 5) in section 3.4

c)    Add the word “significant” after the word “requiring” in the fourth bullet in part 1) of section 2.4

d)    In section 5.3 Add a new point 4. “minimise council’s costs for providing infrastructure and services.”                                                                                                           (Richardson/Dey)

 

The motion was put to the vote and declared carried.

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

Cr Cameron voted against the motion.

 

 

 

Report No. 13.12         PLANNING - Rural Land Use Strategy - Public Exhibition Community Consultation

File No:                        I2015/1306

 

15-597

Resolved:

1.    That Council adopt the Rural Land Use Strategy Community Consultation Plan as outlined in this report with the following amendment.

 

2.    That Council create a contact list of rurally based Progress and Residents Associations, Landcare and other community groups for inclusion in notifications as per action 11 and invitations to participate in 'stakeholder' and 'community' forums.          (Cameron/Richardson)

 

The motion was put to the vote and declared carried.

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

Cr Woods voted against the motion.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.13         Update on Proposed Road and Bridge Names

File No:                        I2015/1249

 

15-598

Resolved:

1.    That Table 1 be amended by substituting “Mud Brick Lane” for “Harpoon Lane” at Main Arm.

2.    That as per Table 1 in this report (I2015/1249) Council accept the NSW Land and Property Information (LPI) objection to names as listed, and endorse that the Alternative names, as amended in point 1 above, be subject to further community consultation (28 days) and if accepted, be submitted to the LPI for concurrence.

3.    That if submissions are received on any of the names, those be provided to the LPI and then reported back to Council.

 

4.    That the names proposed for Lanes 1, 2, 7, 9, 10, 11, 12, 13, 14, and 15 Mullumbimby be submitted to the LPI for concurrence, and if gained, for gazettal.

 

5.    The matters regarding Shady Lane, Brunswick Heads be noted and progressed including endorsement of Eucalyptus Lane to be lodged for LPI approval and gazettal.

(Dey/Richardson)

The motion was put to the vote and declared carried.

 

FORESHADOWED MOTION

15-599

Resolved:

1.    That Council review its “Street Name Register” and/or place names policy with a view to generating a list of suggested place names that include, for example, reflecting the original residents, custodians and culture of our Shire.

2.    That Council consult with local Aboriginal groups regarding the above review.

3.    That the review and list be established with the advice of the relevant indigenous and cultural committees of Council.                                                                                        (Cameron/Dey)

The motion was put to the vote and declared carried.
Cr Ibrahim voted against the motion.

 

 

Procedural Motion

15-600

Resolved that the vote on Resolution No. 15-586 be recommitted.                         (Woods/Ibrahim)

The motion was put to the vote and declared carried.

Crs Richardson, Cameron and Spooner voted against the motion

 

Resolution 15-586 was put to the vote and declared carried.

Cr Woods voted against resolution.

 

 

Questions With Notice

 

Question With Notice No. 15.1     Fate of Effluent at Belongil

File No:                                           I2015/1351

 

 

Refer to the Agenda for the questions and responses.

 

 

URGENCY MOTION

The Mayor raised a matter of urgency, being beach safety, and declared the matter to be of great urgency since Council needs to seek formal support in time for summer.

 

Procedural Motion

15-601

Resolved that the matter of urgency relating to beach safety be dealt with at the meeting.

(Richardson/Hunter)

The motion was put to the vote and declared carried.

 

 

No. 1     Matter of Urgency - Beach Safety

 

15-602

Resolved:

1.    That Council support the following initiatives to enhance water surveillance and beach safety:

a)     The installation of real time sonar detection buoys.

b)     The implementation of an aerial surveillance program, 

c)    The implementation of a land based, shark tower spotting program

 

2.    That Council write to the Minister of Primary Industries (DPI), the Hon. Niall Blair requesting:

 

a)    Byron Bay be considered as a trial site for the installation of real time sonar detection buoys, in a location deemed most appropriate by Council staff, DPI, the Department of Fisheries and the Cape Byron Marine Park Authority

b)    That the State government supports Council’s preference for the use of gyrocopters as the most effective aerial surveillance provider, and for support to be given to allow for funding of gyrocopters for the purpose of surveillance

c)    That Byron Shire be considered for any trial of drone technology for aerial shark spotting

d)    That Byron Shire be considered for any trial of towers as part of the NSW Government Shark Spotting program including other beach based warning systems.

 

3.    That the letter also express the gratitude of council for the timely responses, professionalism and support given to the North Coast by the State government and staff of DPI.

 

4.    That the letter also request that Council be updated as to the outcomes of other shark mitigation trials in NSW.

 

5.    That Council supports the Mayor at his discretion to work with the government and neighbouring councils to identify and implement shark protection measures for Byron Shire surf patrolled beaches.                                                                                  (Richardson/Woods)

 

The motion was put to the vote and declared carried.

 

 

 

There being no further business the meeting concluded at 2.40pm.

 

 

 

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

as confirmed at Council’s Ordinary Meeting on 10 December 2015.

 

….…………………………

Mayor Simon Richardson