Ordinary Meeting
Minutes
10 December 2015
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 10 December 2015 COMMENCING AT 9.04AM AND CONCLUDING AT 3.35PM
I2015/1499
PRESENT: Cr
B Cameron, Cr C Cubis (arrived 9.48am), Cr D Dey, Cr A Hunter, Cr S Ibrahim,
Cr P Spooner, Cr R Wanchap and Cr D Woods
Staff: Ken
Gainger (General Manager)
Mark
Arnold (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Mila
Jones (Minute Taker)
The Deputy 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:
9.3 Byron Central Hospital
Staffing and Services
Jonathan Milman (Health
Services Union) and Elizabeth McCall (New South Wales Nurses & Midwives
Association, Byron District Hospital branch) addressed Council in favour of the
recommendation.
13.12 PLANNING - S96 10.2013.559.3 - To permit
access for light vehicles on Saturdays, Sundays and Public Holidays between the
hours of 7.00am to 6.00pm
Graham Mathews (Pinegroves Road
Residents) and Ray Darney addressed Council against the recommendation.
13.15 PLANNING - Rural Land Use Strategy Site
Suitability Criteria & Mapping Methodology and related mapping
Ray Darney addressed Council in
favour of the recommendation.
13.18 Update on s68 applications for Approval to
Operate - Brunswick Heads Holiday Parks
John Dunn (Brunswick Heads
Progress Association) addressed Council against the
recommendation.
13.23 Infrastructure Works in the North of the
Council Area
Kathy Norley (SGB Community Association)
and Margaret Keating addressed Council in favour of the recommendation.
The meeting adjourned at 10.00am and reconvened at
10.17am.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence.
Cr Richardson was granted a
leave of absence for this meeting at the meeting held on 19 November 2015.
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a pecuniary interest in Report 13.5. The
nature of the interest being that his employer Byron Community Centre currently
manages the Soul Street New Year’s Eve event and First Sun New
Year’s Day events. He elected to leave the meeting, not participate in
the debate and not vote.
Cr Hunter declared a pecuniary interest in Report 13.12. The
nature of the interest being that he is the owner of the subject site and the
s96 applicant. He elected to leave the meeting, not participate in the
debate and not vote.
Cr Spooner declared a non-pecuniary interest in Report 13.20.
The nature of the interest being that he is a nearby resident. He elected
to stay in the meeting, participate in the debate and vote.
Cr Wanchap declared a non-pecuniary interest in Report
13.20. The nature of the interest being that she is a director owner of a
similar property at 5-7 Byron Street, Byron Bay – the Byron Central
Apartments. She elected to stay in the meeting, participate in the debate and
vote.
Cr Ibrahim declared a pecuniary interest in Report 13.22.
The nature of the interest being that he owns 4 Ferguson Court Bangalow which
is in very close proximity to the subject site. A change in zone may have
a detrimental effect on the value and amenity of his property. He elected
to leave the meeting, not participate in the debate and not vote.
Ken Gainger, General Manager, declared a non-pecuniary
interest in report 13.22. The nature of the interest being that he is a nearby
resident and a submitter to the proposal. He elected to stay in the meeting
and not participate in the debate.
Cr Cameron declared a non-pecuniary interest in Report 13.29.
The nature of the interest being that he is a nearby property owner. He
elected to stay in the meeting, participate in the debate and vote.
Crs Hunter, Wanchap, Dey and Cameron declared special
disclosures of pecuniary interest under sections 451(4) and (5) of the Local
Government Act 1993 for Report 13.15.
Tabling of Pecuniary Interest
Returns
In accordance with the Local Government Act 1993 Section
450A(2), Section 449(1) pecuniary interest returns are tabled, being received
from the following staff for the reporting period 1 July 2013 to 30 June 2014:
Rod Teale, Workshop and Stores Superintendent
Peter Rees, Manager Operations Water
Adoption
of Minutes from Previous Meetings
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15-603
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Resolved that
the minutes of the following meetings be confirmed:
· Ordinary
Meeting held 19 November 2015 (Woods/Dey)
The motion
was put to the vote and declared carried.
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Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
Corporate and Community Services
Report No. 13.1 Section
355 Management Committee - Appointment
Report No. 13.5 Report
of the Safe Summer in the Bay PRG meeting 12 November 2015
Report No. 13.9 Byron
Bay Paid Parking Scheme - Fee for Swipe Card
Sustainable Environment and Economy
Report No. 13.13 Freedom
Camping Trial - Byron Bay
Report No.
13.15 PLANNING - Rural Land
Use Strategy – Site Suitability Criteria & Mapping Methodology and
related mapping
Report No. 13.17 Byron Bay Town
Centre Placemaking Seed Fund (PSF)
Report No. 13.18 Update on s68
applications for Approval to Operate - Brunswick Heads Holiday Parks
Report No. 13.19 PLANNING -
Tyagarah Airstrip Planning Proposal
Report No. 13.21 PLANNING
- Submissions Report - Planning Proposal for Secondary Dwellings in RU5 Village
Zone
Report No. 13.22 PLANNING -
Submissions Report - Planning Proposal to rezone land at Granuaille
Crescent, Bangalow, to R2 Low Density Residential.
Infrastructure Services
Report No. 13.23 Infrastructure
Works in the North of the Council Area
Report
No. 13.29 Federal Drive, Goonengerry - Project Status
Report
Report No. 13.30 Belongil
Catchment Advisory Committee - Nominations for Community Representatives
Report
No. 13.33 Byron Bay Sewage Treatment Plant Capacity and
the Belongil Fate of the Effluent
Reports of Committees
Infrastructure Services
6.4 Road
Closures Byron Bay Triathlon
6.7 Road
Closures New Year’s Eve Byron Bay
6.13 Request
for speed humps, Seven Mile Beach Road, Byron Bay
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Woods
and seconded by Cr Wanchap. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 15-604 and concluding with
Resolution No. 15-647.
Staff Reports – CORPORATE AND
COMMUNITY SERVICES
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Report No. 13.2 Report
of the Public Art Assessment Panel meeting 5 November 2015
File No: I2015/1390
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15-604
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Resolved:
1. That
Council amend the DCP Chapter D8 ‘Public Art’ to include under
‘Prescriptive Measures’ point 2 “In lieu of providing
Public Art, the applicant could enter into a Voluntary Planning Agreement
with Council to provide an equivalent financial contribution for the
installation of Public Art in a suitable location.”
2. That
Council to commission public artwork as per the ‘Briefs’ provided
on the following water and sewer infrastructure in the Byron Shire, to
be funded from water and sewer budgets:
a) Brief
1: Water Infrastructure
· Paterson’s
Hill Water Tank
· Wategos
Water Tank
b) Brief
2: Sewer Infrastructure
· Several
sewerage pump stations (selected locations listed in the report, limited by
budget allocation for the 2015/16 financial year)
3. That
Council accept the temporary loan of ‘The Beast Within’ by Allan
Horstmanhoff and allow the sculpture to remain in situ following the
Brunswick Nature Sculpture Walk event in October 2015 for up to twelve
months.
4. That
Council accept the temporary loan of ‘Beautiful Nature’ by Jules
Hunt and allow the sculpture to remain in situ following the Brunswick Nature
Sculpture Walk event in October 2015 for up to twelve months.
5. A.
That the Public Art Assessment Panel note the presentation provided by
‘Creative Road’ and recommend to Council to support the concept
of the beautification proposal for Lawson Lane as one of the initial projects
arising from the Byron Bay Town Centre Masterplan for reasons listed below:
a) It
meets many of the objectives of the Public Art Policy and will have excellent
outcomes to further public art in the Shire
b) Is
has the potential to be the ‘lighthouse’ project that will
provide a benchmark for future public art projects
c) There
are opportunities to provide mentorship for young local artists
B.
The Public Art Assessment Panel recommend that Council be a key stakeholder
in the development and implementation of this proposal.
6. That
Council support the Brunswick Heads Ten Seat Project by making a donation of
$2,000 to the Tweed Street Taskforce being $1,000 for the ‘Youth
Seat’ and $1,000 for the ‘Fishing Seat’ pending full and
final concept designs for both seats. (Woods/Wanchap)
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Report No. 13.3 Meeting
Dates for Finance Advisory Committee for 2016
File No: I2015/1397
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15-605
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Resolved that the following dates be adopted for the Finance
Advisory Committee's meetings for 2016 and that the meetings commence at
2.00pm.
· Thursday,
18 February 2016
· Thursday,
12 May 2016
· Thursday,
18 August 2016
· Thursday,
10 November 2016 (Woods/Wanchap)
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Report No. 13.4 Financial
Sustainability Plan 2015/16
File No: I2015/1398
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15-606
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Resolved that Council
adopt the Draft Financial Sustainability Plan 2015/2016 (#E2015/71097).
(Woods/Wanchap)
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Report No. 13.6 Appointment
to the Code of Conduct panel of Conduct Reviewers
File No: I2015/1402
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15-607
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Resolved that Nicolas
Harrison be appointed to the Code of
Conduct panel of Conduct Reviewers.
(Woods/Wanchap)
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Report No. 13.7 Crown
Lands White Paper - Summary of Issues and Government Response
File No: I2015/1468
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15-608
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Resolved that Council note this report. (Woods/Wanchap)
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Report No. 13.8 Council
Investments November 2015
File No: I2015/1474
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15-609
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Resolved that the report listing Council’s investments
and overall cash position as at 24 November 2015 be noted. (Woods/Wanchap)
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.10 PLANNING
- Outcome of meeting (res 15-110) - 10.2014.417.1 - Demolition of
existing residential flat building & construction of a new residential
flat building and associated works at 43 Lawson Street Byron Bay
File No: I2015/267
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15-610
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Resolved that pursuant
to Section 80 of the Environmental Planning & Assessment Act 1979,
Development Application No. 10.2012.474.1 for the demolition of an existing building and construction of a
residential flat building, be granted consent subject to the conditions contained in
Attachment 3 (E2015/76157). (Woods/Wanchap)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Cameron,
Wanchap, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
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Report No. 13.11 Compliance
Priorities Program - 2016
File No: I2015/1225
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15-611
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Resolved:
1. That Council note
the report.
2. That
Council adopt the proposed Compliance Priorities Program for 2016 as provided
in attachment 1 (E2015/76485). (Woods/Wanchap)
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Report No. 13.12 PLANNING
- S96 10.2013.559.3 - To permit access for light vehicles on Saturdays,
Sundays and Public Holidays between the hours of 7.00am to 6.00pm
File No: I2015/1312
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Cr Hunter declared a pecuniary interest in this matter
earlier during the meeting.
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15-612
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Resolved that pursuant to Section 96 of the Environmental Planning &
Assessment Act 1979, development application 10.2013.559.3 to amend condition
16 to alter the operating hours, be refused for the following reasons:
1. The existing
condition is a valid condition that has been imposed for a planning purpose,
relates to the development and is reasonable.
2. Amending the
condition as requested may exacerbate impacts to the amenity of the residents
of Pinegroves Road.
3. There is a
public interest benefit in maintaining this condition for the remainder of
the two year time limited approval so that its effectiveness can be
evaluated. (Woods/Wanchap)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Cameron, Wanchap
and Spooner voted in favour of the motion.
No Councillors voted against the motion.
Cr Hunter did not vote.
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Report No. 13.14 Report
of the Planning Review Committee Meeting held on 12 November 2015
File No: I2015/1393
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15-613
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Resolved that the report be noted. (Woods/Wanchap)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Cameron,
Wanchap, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
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Report No. 13.16 Bay
Lane - Temporary Closure
File No: I2015/1401
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15-614
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Resolved:
1. That
Council place the temporary closure of Bay Lane on hold until construction of
the Main Beach Backpackers is complete late 2016, due to restricted access at
the Fletcher Street end of Bay Lane.
2. That
Council recommend that investigation commence to transform Bay Lane into a
shared zone to align with the preliminary recommendations of the Byron Bay
Town Centre Masterplan.
3. That
Council allocate a budget up to $20,000 from Section 94A funds (Civic
Improvements in Byron Bay town centre) to prepare a pavement treatment to the
laneway, which increases pedestrian safety and beautifies the space.
4. That
Council investigate the feasibility and stakeholder support to increase the
footpath widths in Bay Lane to allow for Footpath Dining and increase pedestrian
safety.
(Woods/Wanchap)
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Report No. 13.20 PLANNING
- Development Application 10.2015.505.1 - Alteration and additions to
existing backpackers accommodation, including demolition of an existing
dwelling and construction of a new three level building with basement carpark
to increase capacity to 200 beds
File No: I2015/1440
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Crs Spooner declared a pecuniary interest in this
matter and elected not to vote. Cr Wanchap declared a non-pecuniary
interest in this matter and elected to vote.
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15-615
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Resolved that pursuant to Section 80 of
the Environmental Planning & Assessment Act 1979, development application
no. 10.2015.505.1 for Alteration and additions to existing
backpackers accommodation including demolition of an existing dwelling and
construction of a new three level building with basement carpark to increase
accommodation to 200 beds, be granted consent subject to the conditions
contained in Attachment 1 (E2015/75911). (Woods/Wanchap)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Cameron and
Hunter voted in favour of the motion.
No Councillors voted against the motion.
Cr Spooner did not vote.
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Staff Reports – infrastructure
services
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Report No. 13.24 Extending
Recycled Waste Water from West Byron STP to the Byron Foreshore
File No: I2015/1364
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15-616
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Resolved that Council approve the Byron Bay Urban Recycled Water
Scheme Expansion project with a budget of $1,350,000 allocated equally from
the water and sewer funds to commence in 2016 calendar year. (Woods/Wanchap)
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Report No. 13.25 Options
for Extending Exeloo Toilets at Apex Park, Byron Bay
File No: I2015/1365
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15-617
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Resolved:
1. That
Council approve the purchase of a second Exeloo toilet block for Apex Park
(Byron Bay), as a Reserve Trust Asset up to the value of $300,000.
2. That
the purchase be funded from the Crown Paid Parking Reserve. (Woods/Wanchap)
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Report No. 13.26 Proposed
Meeting Dates for Community Infrastructure Advisory Committee Meetings 2016
File No: I2015/1372
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15-618
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Resolved that the
following dates be adopted for the Community
Infrastructure Advisory Committee’s meetings for 2016 and that the
meetings commence at 2.00pm.
· Thursday,
3 March 2016
· Thursday,
2 June 2016
· Thursday,
20 October 2016
· Thursday,
1 December 2016 (Woods/Wanchap)
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Report No. 13.27 Proposed
Meeting Dates for Water, Waste and Sewer Advisory Committee Meetings 2016
File No: I2015/1373
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15-619
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Resolved that the
following dates be adopted for the Water,
Waste and Sewer Advisory Committee’s meetings for 2016 and that the meetings
commence at 9.00am.
· Thursday,
3 March 2016
· Thursday,
2 June 2016
· Thursday,
20 October 2016
· Thursday,
1 December 2016 (Woods/Wanchap)
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Report No. 13.28 Proposed
Meeting Dates for Transport Advisory Committee Meetings 2016
File No: I2015/1374
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15-620
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Resolved that the
following dates be adopted for the Transport
Advisory Committee’s meetings for 2016 and that the meetings commence
at 9.00am.
· Thursday,
10 March 2016
· Tuesday,
14 June 2016
· Tuesday,
16 August 2016
· Thursday,
3 November 2016 (Woods/Wanchap)
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Report No. 13.31 10.2013.562.1
North Byron Beach Resort Central Facilities ET Assessment
File No: I2015/1423
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15-621
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Resolved that a s306 Water Management Act order be issued to the
developers based on Council’s current ET assessment. (Woods/Wanchap)
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Report No. 13.32 Tender
2015-0035 Station St Subdivision Works
File No: I2015/1475
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15-622
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Resolved:
1. That Council decline to accept
any of the tenders in accordance with the provisions of Local Government
(General) Regulation 2005 - Reg 178 (1) (b).
2. That Council cancel the proposal
for the contract in accordance with the provisions of Local Government
(General) Regulation 2005 - Reg 178 (3) (a).
3. That Council notify tenderers
and make public its decision in accordance with the provisions of Local
Government (General) Regulation 2005 - Reg 179 (a) and (b). (Woods/Wanchap)
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Reports
of Committees - Corporate and Community Services
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Report No. 14.1 Report
of the Internal Audit Advisory Committee Meeting held on 12 November
2015
File No: I2015/1396
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15-623
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Resolved that Council note the minutes of the Internal Audit
Advisory Committee Meeting held on 12 November 2015. (Woods/Wanchap)
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15-624
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 5.1 Internal Audit Report November 2015
File No: I2015/1248
Committee
Recommendation 5.1.1
That Council receive and note
the Internal Audit Report – Audit Committee (November 2015)
(#E2015/71201) prepared by the Internal Auditor, Grant Thornton. (Woods/Wanchap)
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15-625
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Resolved that Council
adopt the following Committee Recommendation:
Report No. 5.2 Meeting Dates for
Internal Audit Committee for 2016
File No:
I2015/1301
Committee Recommendation 5.2.1
That the following dates for the
Internal Audit Committee meetings for 2016 be adopted, with all meetings
commencing at 11.00am:
· Thursday,
18 February 2016
· Thursday,
12 May 2016
· Thursday,
18 August 2016
· Thursday,
20 October 2016
· Thursday,
10 November 2016 (Woods/Wanchap)
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15-626
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 5.3 Internal Audit Report - Inventory Control Review
File No: I2015/1356
Committee
Recommendation 5.3.1
1. That
Management review the comments for Actions 3 and 5 and prepare a further
report for the next meeting of the Internal Audit Advisory Committee on these
Actions from the Inventory Control Review.
2. That,
subject to point 1 above, the Internal Audit Report – Inventory Control
Review - September 2015, along with responses and actions detailed by
Management be noted by Council. (Woods/Wanchap)
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Report No. 14.2 Report
of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on
19 August 2015
File No: I2015/1421
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15-627
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Resolved that Council note the minutes of the Arakwal
Memorandum of Understanding Advisory Committee Meeting held on 19 August 2015.
(Woods/Wanchap)
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15-628
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Resolved that Council adopt the following Committee Recommendation:
Report
No. 5.1 Arakwal MoU Implementation Plan 2015 -16
File No: I2015/373
Committee Recommendation 5.1
That the Arakwal MoU Advisory
Committee endorse the 2015/16 Arakwal MoU Implementation Plan (E2015/50307). (Woods/Wanchap)
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15-629
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 5.2 Ti Tree Lake Plan of Management
File No: I2015/816
Committee Recommendation 5.2
1. That
the Arakwal MoU Advisory Committee note the progress report on the Ti Tree
Lake Plan of Management.
2. That
Council write to the Office of Environment and Heritage and National Parks
and Wildlife Service providing a copy of the progress report (E2015/50137).
(Woods/Wanchap)
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15-630
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 5.3 Bundjalung of Byron Bay, Arakwal People Cemetery
Provisions
File No: I2015/817
Committee Recommendation 5.3
That the Arakwal MoU Committee
seek information from Council staff on the processes required and the scope
of works for the Bundjalung of Byron Bay, Arakwal People to have an
identified area in the Byron Bay Cemetery for further consideration. (Woods/Wanchap)
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15-631
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 5.4 NAIDOC Week Byron Shire 2015
File No: I2015/819
Committee Recommendation 5.4
That the committee note the
success of the Byron Shire NAIDOC Week 2015 Program and the increase in the
community partnerships involved in the delivery of the program of events.
(Woods/Wanchap)
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Reports of Committees - INFRASTRUCTURE
Services
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Report No. 14.3 Report
of the North Byron Coastal Creeks Flood Risk Management Committee Meeting
held on 28 October 2015
File No: I2015/1350
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15-632
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Resolved that Council note the minutes of the North Byron Coastal Creeks Flood
Risk Management Committee Meeting held on 28 October 2015. (Attachment 1) (Woods/Wanchap)
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15-633
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Resolved:
1. That
Council adopt the following Committee and Management Recommendation(s):
Report
No. 5.1 North Byron Coastal Creeks Flood Study
- Calibration Report
File No: I2015/1214
a) That
the name of the Project be changed to North Byron Shire, and that this
document be named North Byron Shire Flood Study.
b) That
Council accept as satisfactory the calibration report provided by BMT WBM
(Attachment 2) and ask BMT WBM to proceed with preparation of design flood
event modelling.
c) That
BMT WBM finalise the DRAFT North Byron Coastal Creeks Flood Study and staff
present this to Council for review and placement on public exhibition as per
Council policy.
2. That
the recommended amendments detailed in memo E2015/76375 be made to the DRAFT
North Byron Flood Study prior to it being placed on public exhibition.
3. That
the DRAFT North Byron Flood Study as detailed at the website provided within
this report (http://it.bmtwbm.com.au/nbsfs/)
be placed on public exhibition for 42 days, in early 2016. (Woods/Wanchap)
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Report No. 14.4 Report
of the Local Traffic Committee Meeting held on 25 November 2015
File No: I2015/1486
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15-634
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Resolved that Council note the minutes of the Local Traffic
Committee Meeting held on 25 November 2015. (Woods/Wanchap)
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15-635
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Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report
No. 6.1 Pay Parking and Resident Parking Permit Schemes,
Byron Bay
File No: I2015/1394
1. That
Council note the Roads and Maritime Services (RMS) concurrence for both the
Pay Parking and Resident Parking Permit Schemes, including the type of
parking meter, type of scheme (being a Metered Registration Pay Parking
Scheme) and its installation on roads parts of the classified regional road
network.
2. That
Council notes that the Local Traffic Committee endorses Council’s 8
October 2015 Resolution 15-519 for the time limits to apply in both Pay
Parking and the Resident Parking Permit Schemes.
3. That
the sign-posting as proposed in this report (I2015/1394) be endorsed and
implemented in accordance with relevant standards and requirements.
4. That the physical
Resident Parking Permit and the Resident Visitor Permit must contain the
details as stipulated in the RMS Permit Parking guidelines, however the
matter of colour, design, cost and distribution is a matter for Council.
5. That the pay by
plate Metered Registration pay parking scheme as adopted by Council will
require the input of the vehicle licence plate each and every time a vehicle
is parked and that:
a) those
with an electronic
permit (known as the pay parking exemption) will not be required to print and
display a parking ticket; and
b) those
without such exemption will each time they park be required to print and display a parking
ticket. (Woods/Wanchap)
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15-636
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 6.2 Request for changes to "No Stopping"
Market Street, Bangalow
File No: I2015/576
1. That
Council endorses No Parking on the west side of Market Street, Bangalow
between Byron Street and its northern end, and that it be effective all days
between 8am and 6pm.
2. That
in support of the Bangalow Public School and Showground Trust proposal
Council endorses and sign the parking and traffic arrangements upon the
Bangalow Showground as depicted in this report (I2015/576) which are as
follows:
a) as
per pink and blue lines, install “One Way – School Days
Only” signage;
b) as
per orange box, sign area as “School Staff Parking - School Days
Only”; and
c) also
along the blue line, sign as “No Parking – School Days
Only” and that it be supplemented with “Kiss and Ride”
signage.
3. That
the use of the “Kiss and Ride” be subject to the:
a) confirmation
of the School support for the initiative, which may include a brief
communication strategy for promotion of efficient use (i.e. distribution of
Roads and Maritime Services (RMS) educational material available from the
Centre for Road Safety Website; Parent/carer letters; School Newsletter etc);
b) identification
of volunteers and/or teachers approved by the School community, including
demonstrated understanding of liability in respect to volunteers and
students. Please note that the School must also develop policies and
procedures to administer the initiative); and
c) details
of proposed operation times and roster of volunteers and/or teachers. (Woods/Wanchap)
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15-637
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Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report No. 6.3 Gilmore
Crescent - Restricted Parking Area
File No:
I2015/1407
1. That
the start and end of the ‘Restricted Parking Area – Permits
Excepted’ be implemented respectively via installation of RMS signs
R5-541 and R5-542 at the car park entry and egress at the frontage of the
Sandhill’s Child Care Centre, Gilmore Crescent, Byron Bay.
2. That
adjacent to the signage erected according to Part 1, a supplementary sign
indicating how permits are obtained be installed.
3. That
Council note the Local Traffic Committee advice that the signage within Part
1 can be enforced under NSW Road Rule 168-1.
4. That
the grassed turning-circle located north-east of the Child Care Centre be
signed as “No Parking” and it extend south along the western kerb
line and eastern edge of the road as depicted at Figure 1 of this report
(file I2015/1407).
5. That
the use of bollards to reinforce the “No Parking” recommended is
a matter for Council and their use does not need Local Traffic Committee endorsement. (Woods/Wanchap)
|
|
15-638
|
Resolved that Council
adopt the following Committee and Management Recommendations:
Report
No. 6.5 Road Closures Byron Bay Blues Festival
File No: I2015/1409
1. That
the 2016 Blues Festival organisers submit a Traffic Impact Assessment and
Traffic Control Plan prior to the February 2016 Local Traffic Committee
meeting.
2. That
in regard to other proposed events at the Tyagarah Blues Festival site, the
proponent undertakes a Traffic Impact Assessment report in regard to events
with 1,000 people or more and provides it and the corresponding Traffic
Management Plan(s) to the Local Traffic Committee for review.
3. That
event proposals are submitted to Council with supporting and relevant detail
so as to provide sufficient time for assessment, amendments and meeting of
approval conditions imposed, including those by and of other authorities,
such as Roads and Maritime Services and Police. (Woods/Wanchap)
|
|
15-639
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report
No. 6.6 Road Closures Falls Festival 2015/16 Traffic
Management Plan
File No: I2015/1410
That the temporary traffic
management and regulatory changes within the series of Traffic Control Plans
as related to the Falls Festival as to be held at the North Byron Parklands
site Yelgun between 31 December 2015 and 2 January 2016 inclusive be accepted
subject to:
a) their
design and implementation being undertaken as specified on each plan and by
those with appropriate RMS accreditation and the holding of current and
appropriate levels of insurance and liability cover
b) meeting
of the advertising requirements of the Roads Act 1993
c) event
being notified on Council's website
d) consideration
of any submissions received
e) the
approved event size being sufficient (20,000 patrons) to trigger use of the
south carpark as per the DA Condition for its use;
f) the
temporary “No Stopping” where applied, including on Brunswick
Valley Way (between Shara Boulevard and Tweed Valley Way) and on Tweed Valley
Way (between Brunswick Valley Way and Wooyong Road), is implemented prior to
the event and in accordance with relevant state requirements and Australian
Standards;
g) a
communications protocol developed and maintained by those involved in the
implementation of traffic management including monitoring and ability to
implement contingency plans as and when directed;
h) monitoring
of vehicle volumes that arrive and depart the festival site and on the local
road network;
i) inclusion
in the brief for the 2015/16 event's Traffic Evaluation Report of
consideration that the 2106/17 event will not have Sunday as its departure
day, as was the case in 2015/16;
j) the
holding of an event debrief within the month following the festival which
includes but not limited to Council, RMS and Police; and
k) written
approval of both the RMS and Police separate to Byron Shire Local Traffic
Committee, including approval of Roads and Maritime Services is obtained
including a Road Occupancy Licence where an event is on a state road or where
the event may impact the state road network (Woods/Wanchap)
|
|
15-640
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report
No. 6.8 Road Closures Bangalow Christmas Eve Carnival
File No: I2015/1412
1. That
the temporary traffic arrangements for the Bangalow Christmas Eve Carnival,
scheduled for 24 December 2015 and includes the temporary closure of Byron
Street between Granuaille Road and Market Street between the hours of 5.00pm
and 10.00pm, be endorsed.
2. That
the organisers be responsible for implementing a Traffic Control Plan,
including the use of signed detours, as designed and implemented by those
with appropriate accreditation and be advised Council’s fee for holding
an on-road event will apply.
3. That
public liability insurance be in place for the sum of at least $20 million.
4. That
the concurrence of the Police and RMS be sought by the organisers,
independent of the Local Traffic Committee endorsement, including, approval
of Roads and Maritime Services is obtained by way of a Road Occupancy License
as event is on a state road or may impact the state road network.
5. That
the event be advertised in accordance with the NSW Roads Act and charged at
cost to the organisers.
6. That
the event be notified on Council's website.
7. That
it be noted Council does not provide traffic control services for such events
and that RMS accredited persons can only do so. (Woods/Wanchap)
|
|
15-641
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report
No. 6.9 Request for Give Way, Dandaloo Way and Reka Way,
Ocean Shores
File No: I2015/1414
That a Give Way treatment be
signed and marked on Reka Way, Ocean Shores at the intersection with Dandaloo
Way. (Woods/Wanchap)
|
|
15-642
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report No. 6.10 Request for restrictive parking and
exemptions, RFS Station, Alcorn St, Suffolk Park
File No: I2015/1415
1. That
‘No Parking – Byron Shire Council Authorised Vehicles
Excepted’ be signed on Alcorn Street, Suffolk Park commencing from 5
metres north of the RFS station driveway and continuing south to the speed
hump.
2. That
recognising which vehicles are an exception to the rule is a matter for
Council and RFS, noting a visual permit displayed on the vehicle dashboard
will assist with enforcement and is recommended. (Woods/Wanchap)
|
|
15-643
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report No. 6.11 Approval of two mobility permit
spaces, Middleton Street car park, Byron Bay
File No: I2015/1416
That Council endorses the
installation and signage of two mobility permit parking spaces in the
Middleton Street car park, Byron Bay at spaces as marked on Council’s
design plan 1641 numbered 15 and 30, subject to compliance with relevant
standards. (Woods/Wanchap)
|
|
15-644
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report No. 6.12 Proposed No Parking and time limits
to Loading Zones, Bay Lane, Byron Bay
File No: I2015/1417
That subject to concurrence of
adjacent shops, including the Beach Hotel opposite, Council endorses
restricting 15m of the western end of the Loading Zone to being operational
between 6am-10am only with 15-minute time limit to apply during such times
and that No Parking applies at all other times within the same 15 metre
length. (Woods/Wanchap)
|
|
15-645
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report
No. 6.14 Proposed Massinger Street and Lawson Street roundabout, Byron
Bay
File No: I2015/1419
That Council endorses the traffic and parking regulatory
aspects of Council design plan no. 2211 for the construction of a roundabout
at the intersection of Massinger Street, Lawson Street and Lighthouse Road,
Byron Bay. (Woods/Wanchap)
|
|
15-646
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report
No. 6.15 Proposed Restricted Parking Area, Byron Bay Library
File No: I2015/1424
1. That
the start and end of the ‘Restricted Parking Area – Permits
Excepted’ be implemented respectively via installation of RMS signs
R5-541 and R5-542 at the Byron Bay Library car park entry and egress located
on Lawson Street, Byron Bay.
2. That
adjacent to the signage erected according to Part 1, a supplementary sign
indicating how permits are obtained be installed, ie ‘Permits issued at
Library’.
3. That
Council note the Local Traffic Committee advice that the signage within Part
1 can be enforced under NSW Road Rule 168-1. (Woods/Wanchap)
|
|
15-647
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report No. 6.16 Request for No Stopping, Authorised
Vehicles Excepted, rear of Australia Post, Deacon Street, Bangalow
File No: I2015/1431
1. That
Council endorses the installation of ‘No Stopping – Council
Authorised Vehicles Excepted’, signage at the rear of the Australia
Post property in Deacon Street, Bangalow and the same restriction continue
westward to also cover Council land which provides pedestrian access through
to the main street.
2. This
exception applies to Australia Post delivery vehicles only. (Woods/Wanchap)
|
|
|
Procedural
Motion
|
|
15-648
|
Resolved that Council change the order of business to deal
with Reports 9.3, 13.15, 13.18 and 13.23 next on the Agenda. (Cubis/Ibrahim)
The motion was put to the vote and declared carried.
|
Mayoral
Minute
There was no Mayoral Minute.
Notice
of Motion
|
|
Notice of Motion No. 9.3 Byron
Central Hospital Staffing and Services
File No: I2015/1478
|
|
15-649
|
Resolved:
1. That
Council Lobby both the Hon. Jillian Skinner, NSW Health Minister and Hon.
Walt Secord, NSW Shadow Minister for Health to express Council’s
concerns regarding a number of key issues surrounding the opening of the
Byron Central Hospital in 2016.
2. That
Council’s concerns include:
a) The
proposed reduction in local health jobs with the opening of the Byron Central
Hospital.
b) The
potential loss of local health services including:
- Surgical
services
- Allied
Health Services
- Speech
and Occupational Therapies
- Rehabilitation
Services
c) Express
concern over the lack of planning to provide:
- Transportation
services to and from the hospital
- Support
for local community organisations to deal with an increased number of people
living with mental health issues in our community. (Spooner/Dey)
The motion was put to the vote and declared carried.
Cr Cubis voted against the motion.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.15 PLANNING
- Rural Land Use Strategy – Site Suitability Criteria & Mapping
Methodology and related mapping
File No: I2015/1400
|
|
|
Crs Hunter, Wanchap, Dey and Cameron declared special
disclosures of pecuniary interest under sections 451(4) and (5) of the Local
Government Act 1993.
|
|
|
Moved:
1. That Council amend the Site Suitability Criteria and Mapping
Methodology (as revised) to use a slope of 20% rather than the 32% discussed
to date.
2. That Council not put
the current documents on exhibition but return the issue to a councillor
workshop to be held at the end of January or start of February 2016.
3. That Council note
that updated ‘HCV’ and
‘Extreme Bushfire’ mapping will be presented in conjunction with the draft Strategy to Council in
February 2016 for adoption. (Dey/Cameron)
|
AMENDMENT
|
15-650
|
Resolved:
1. That Council
adopt the Site Suitability Criteria and Mapping Methodology (as revised) and
corresponding mapping contained in Attachment 1 (E2015/70996) to this report
and amend the list on Table 1 Other Excluded
Zones of page 381 of the full agenda by adding zones RU1 and SP1 to the list
of zones, as a key document to inform
preparation of the draft Rural Land Use Strategy.
2. That Council note
that updated ‘HCV’ and ‘Extreme Bushfire’ mapping
will be presented in conjunction with the draft Strategy to Council in
February 2016 for adoption.
3. That Table 3 (page
384 of the agenda) be retitled to “Service Catchment and Road
Infrastructure for Rural Living and Lifestyle Opportunities”.
4. That in Table 1
page 380 of the full agenda titled “Constrained land under the primary
production land” criteria dot point 1 be amended to read “land
zoned RU1 primary production in LEP 2014 containing high value agricultural
land”. (Ibrahim/Wanchap)
The amendment was put to the vote and declared carried.
Crs Dey and Cameron voted against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared
Crs Dey and Cameron voted against the motion.
|
|
|
Report No. 13.18 Update
on s68 applications for Approval to Operate - Brunswick Heads Holiday Parks
File No: I2015/1406
|
|
15-651
|
Resolved:
1. That
Council note the report.
2. That
Council develop a Memorandum of Understanding with NSW Crown Holiday Parks
Trust to guide future interaction and relationship between Council and the
Trust in performing respective roles relating to Crown Reserves in Brunswick
Heads
3. That
Council invite the NSW Crown Holiday Parks Trust to submit applications for Section
68 Approval with consideration given to the boundaries as stated in
resolutions:
12/627 of August 2012
12/995 of 20 December 2012
13/25 of 14 February 2013
13/237 of 9 May 2013
15/323 of 16 July 2015
Special
Conditions to include:
·
Use of the foreshore Area at Ferry Reserve Caravan Park for
soft camping only at peak holiday periods i.e. Christmas, Easter, and School
Holidays only. Soft camping to be tents and or camper trailers.
·
Use of the South End of The Terrace Reserve Caravan Park for
soft camping only at peak holiday periods i.e. Christmas, Easter, and School
Holidays only. Soft camping to be tents and or camper trailers. (camper
trailers to be limited by weight)
4. That
Council giving consideration to the parks not currently having a licence to
operate, agree to the parks continuing operating to account for
bookings already taken, a new application for a Section 68 Approval be
forwarded to Council for the Commercial Areas of operation i.e. The Holiday
Parks within 3 months.
5. That,
should NSW Crown Holiday Parks Trust need more time to review/change the
Plans of Management for the recreational areas, the Trust is to advise
Council of the period required to complete the changes and subsequently
submit the application.
6. That
Council forward this resolution to the relevant Minister for comment and or
advice.
(Woods/Wanchap)
|
|
|
Procedural Motion
|
|
15-652
|
Resolved that Cr Woods be granted a two minute extension to
her speech. (Cubis/Wanchap)
The motion was put to the vote and declared carried.
|
The motion (Woods/Wanchap) was put to the vote and
declared carried.
staff Reports - infrastructure
Services
|
|
Report No. 13.23 Infrastructure
Works in the North of the Council Area
File No: I2015/1117
|
|
15-653
|
Resolved:
1. That
in relation to the proposed projects to be funded from proceeds of the
Roundhouse Subdivision, Council:
a)
Refer the list of projects to a Councillor workshop
to allow Councillors to fully review the proposed projects, with the view to
determine a short list of 10 to 15 projects.
b) That the preferred short list of projects
be consulted with the Community in early 2016 seeking feedback (post January
school holidays).
c)
That following consultation, a further report is
tabled, on preferred projects for approval.
2. That
Council confirm the reconstruction of Kolora Way, Ocean Shores (from Shara
Boulevard) to occur in the 2015/16 Financial Year, with the works being
funded from the Roundhouse Sales Proceeds to the value of $466,700. (Woods/Ibrahim)
The motion was put to the
vote and declared carried.
|
Notices of Rescission Motion
|
|
Notice of Rescission Motion No. 9.1 Coastal
Hazard Management Study Byron Bay Embayment (Resolution 15-593)
File No: I2015/1469
|
|
15-654
|
Resolved that Council rescind Resolution Nos. 15-593 from
its Ordinary meeting held on 19 November 2015 which reads as follows:
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) (Woods/Ibrahim)
The motion was put to the vote and declared carried.
Crs Dey, Spooner and Cameron voted against the motion.
|
|
15-655
|
Resolved:
1. That
Council notes the Coastal Hazard Management Study Byron Bay Embayment
November 2015, as prepared by the consultants at the Water Research
Laboratory, University of NSW.
2. That
Council notes that as a result of the Office of Environment and Heritage
(OEH) comments on the Cost Benefit Analysis (CBA) at Appendix N of the
Coastal Hazard Management Study Byron Bay Embayment, November 2015, a
workshop was held with the consultants, Water Research Laboratory and
Griffith Centre for Coastal Management (sub consultant), OEH and Council
staff, with the objective of reviewing and revising the CBA, where necessary,
in a collaborative fashion, and that a further Council report will detail the
outcome of this workshop. (Woods/Ibrahim)
|
AMENDMENT
Moved:
1. That
Council note the Coastal Hazard Management Study Byron Bay Embayment November
2015, as prepared by the consultants at the Water Research Laboratory,
University of NSW.
2. That Council note Office of Environment and Heritage
comments in its letter of 28/10/15 (E2015/72885) 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.
3. That
Council note that as a result of the Office of Environment and Heritage (OEH)
comments on the Cost Benefit Analysis (CBA) at Appendix N of the Coastal Hazard
Management Study Byron Bay Embayment, November 2015, a workshop was held with
the consultants, Water Research Laboratory and Griffith Centre for Coastal
Management (sub consultant), OEH and Council staff, with the objective of
reviewing and revising the CBA, where necessary, in a collaborative fashion,
and that a further Council report will detail the outcome of this workshop. (Dey/Cameron)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted
against the amendment.
The motion was put to the vote and declared carried.
Crs Dey, Spooner and Cameron voted against the motion.
|
|
Notice of Rescission Motion No. 9.2 Coastal
Hazard Management Study Byron Bay Embayment (Resolution 15-595)
File No: I2015/1470
|
|
15-656
|
Resolved that Council
rescind Resolution Nos. 15-595 from its Ordinary meeting held on 19 November
2015 which reads as follows:
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) (Woods/Wanchap)
|
|
|
Procedural Motion
|
|
15-657
|
Resolved that Cr Ibrahim be granted a one minute extension
to his speech. (Cubis/Woods)
The motion was put to the vote and declared carried.
|
The motion (Woods/Wanchap) was put to the vote and
declared carried.
Crs Dey, Spooner and Cameron voted against the motion.
POINT OF ORDER
Cr Dey raised a point of order that the following foreshadowed
motion be allowed:
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
funding for points 1 above be drawn from the Risk Management Reserve (5013.209)
up to $20,000.
The Deputy Mayor overruled the point of order.
Moved: Motion of dissent in the ruling of the Deputy
Mayor not to allow the Foreshadowed Motion. (Dey)
The motion of dissent was put to the vote and declared
lost.
Cr Ibrahim, Cubis, Woods, Cameron, Wanchap, Spooner and
Hunter voted against the motion.
The meeting adjourned at 12.27pm for lunch and reconvened
at 1.15pm.
Crs Cameron and Cubis were not in the chamber at the
return of the meeting.
|
|
Procedural
Motion
|
|
15-658
|
Resolved that Council
change the order of business to deal with Report 13.19 next on the Agenda and
that Cr Hunter to be Chair for Report 13.5. (Woods/Spooner)
The motion was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.19 PLANNING
- Tyagarah Airstrip Planning Proposal
File No: I2015/1435
|
|
15-659
|
Resolved:
1. That
Part 1 Objectives and Intended Outcomes in the Planning Proposal be amended
in paragraph 2 as follows:
a) After
“(joy flights…)” insert the words “as well as
commercial uses”.
2. That
Council proceed with the planning proposal in Attachment 1 as amended in
point 1 above, and send it to the Department of Planning and Environment for
a Gateway determination.
3. That
Council request the Department of Planning and Environment to delegate to
Council the preparation and making of the LEP Amendment. (Ibrahim/Woods)
The motion was put to the vote and declared carried.
|
Cr Cameron returned to the meeting at 1.25pm.
Petitions
1. Help – Stop the closure of O’Mearas Bridge
The Deputy Mayor tabled a petition containing 173 signatures
which states:
“Connecting the Federal village with Bangalow &
beyond”
Submissions
and Grants
There were no submissions or grants.
Delegates'
Reports
Delegate's Report No. 12.1 NSW
Coastal Conference (Forster 11-13 November 2015)
File
No: I2015/1479
See the agenda for Cr Dey’s delegate’s report
on this Conference.
Staff
Reports - Corporate and Community Services
|
|
Report No. 13.1 Section
355 Management Committee - Appointment
File No: I2015/1385
|
|
15-660
|
Resolved that Council appoint Maureen Lightfoot to the Byron
Library Exhibition Space (managing the Lone Goat Gallery) Section 355 Management
Committee for this term of Council ending September 2016. (Dey/Woods)
The motion was put to the vote and declared carried.
|
FORESHADOWED MOTION
|
15-661
|
Resolved that, with
regard to the Mullumbimby Civic Hall s355 board of management, Council:
a) accept
the resignation of Andrea Danvers and officially thank her for her
contribution, especially as Treasurer on the board:
b) call for
expressions of interest for replacement member(s) to join the Board, asking
in particular for accounting/Treasurer skills. (Dey/Woods)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.5 Report
of the Safe Summer in the Bay PRG meeting 12 November 2015
File No: I2015/1399
|
|
|
Cr Spooner left the Chamber at 1.26pm in accordance
with his earlier declared pecuniary interest in this matter. Cr Hunter took
the Chair.
|
|
15-662
|
Resolved:
1. That Council note minutes of
the Safe Summer in the Bay PRG meeting 12 November 2015
2. That council investigate
sourcing festoon lanterns for use at this year’s Soul Street New
Year’s Eve event and that a budget of $6,000 be allocated from the
$10,000 set aside for Park and Ride towards the purchase of them. (Wanchap/Woods)
The motion was put to the vote
and declared carried.
Crs Cubis and Spooner were not
present for the vote.
|
Cr Spooner returned to the meeting at 1.32pm and resumed
the Chair.
|
|
Report No. 13.9 Byron
Bay Paid Parking Scheme - Fee for Swipe Card
File No: I2015/1483
|
|
15-663
|
Resolved:
1. That
Council advertise the fee for the provision and or replacement of a swipe
card at $27.50 (GST inclusive) per card for use with the Byron Bay Paid
Parking Scheme for a period of twenty eight days allowing for public
submissions.
2. That
should there be no public submissions received by the close of the public
exhibition period then Council adopt the proposed fee subject of this report. (Dey/Woods)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.13 Freedom
Camping Trial - Byron Bay
File No: I2015/1389
|
|
15-664
|
Resolved:
1. That
Council do not proceed with the Freedom Camping Site Trials at Main Beach
Carpark and the Cavanbah Centre, due to prohibitive infrastructure costs,
legal constraints and incompatibility with the current land use guidelines at
each site.
2. That
Council undertake the following actions:
a) Authorise
staff to continue discussions with the private sector and other potential
stakeholders to progress proposals and expressions of interest from operators
to explore capacity for the Freedom Camping and RV markets on appropriate
sites.
b) Continue to work
with the North Coast Destination Network Freedom Camping Taskforce on a
regional solution. (Ibrahim/Wanchap)
Cr Cubis returned to the meeting at 1.43pm.
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.17 Byron
Bay Town Centre Placemaking Seed Fund (PSF)
File No: I2015/1405
|
|
|
Moved:
1. That
Council endorse the creation of the Byron Bay Town Centre Placemaking Seed
Fund as a collaborative platform to initiate the
revitalisation, beatification and activation of the Town Centre as a
component of the Byron Bay Town Centre Masterplan exhibition and
implementation program.
2. That
Council receive a further report detailing potential funding options noting
that considerable s94 and Special Rate Variation funds have been set aside
for the Town Centre Masterplan.
3. That
Council resolve that the final decision regarding successful applicants be
made by the General Manager under delegated authority. (Cameron/Woods)
|
|
|
Procedural Motion
|
|
15-665
|
Resolved that this matter rest on the table. (Cameron/Woods)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.21 PLANNING
- Submissions Report - Planning Proposal for Secondary Dwellings in RU5
Village Zone
File No: I2015/1441
|
|
15-666
|
Resolved:
1. That
Council forward the planning proposal to amend Byron LEP 2014, as exhibited
and included in Attachment 1 of this report, to NSW Parliamentary
Counsel’s Office requesting that a draft LEP instrument be prepared.
2. That
Council liaise with Parliamentary Counsel’s Office (PCO) as necessary
to finalise the content of the draft LEP and to enable PCO to issue an
Opinion that the plan can be made.
3. That
Council make the draft LEP under delegated authority and forward the plan to
the NSW Department of Planning and Environment for notification on the NSW
Government legislation website. (Woods/Ibrahim)
The motion was put to the vote and declared carried.
Crs Ibrahim, Cubis, Woods, Wanchap, Spooner and
Hunter voted in favour of the motion.
Crs Dey
and Cameron voted against the motion.
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|
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Report No. 13.22 PLANNING
- Submissions Report - Planning Proposal to rezone land at Granuaille
Crescent, Bangalow, to R2 Low Density Residential.
File No: I2015/1471
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Cr Ibrahim left the chambers at 1.57pm in accordance
with his previously declared pecuniary interest in this matter. The
General Manager declared a pecuniary interest in this matter and did not
participate in the debate.
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15-667
|
Resolved:
1. That
Council forward the planning proposal to amend Byron LEP 2014, as exhibited
and included in Attachment 1 of this report, to NSW Parliamentary
Counsel’s Office requesting that a draft LEP instrument be prepared.
2. That
Council liaise with Parliamentary Counsel’s Office (PCO) as necessary
to finalise the content of the draft LEP and to enable PCO to issue an
Opinion that the plan can be made.
3. That
Council make the draft LEP under delegated authority and forward the plan to
the NSW Department of Planning and Environment for notification on the NSW
Government legislation website. (Dey/Woods)
The motion was put to the vote and declared carried.
Cr Ibrahim was not present for the vote.
Cr Ibrahim returned to the meeting at 1.59pm.
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Staff
Reports - Infrastructure Services
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Report No. 13.29 Federal
Drive, Goonengerry - Project Status Report
File No: I2015/1391
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|
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Cr Cameron declared a non-pecuniary interest in this
matter earlier in the meeting. He elected to stay in the meeting, participate
in debate and the vote.
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15-668
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Resolved:
1. That Council notes the status of the planning and
preconstruction activities for the Federal Drive, Goonengerry Road
reconstruction project.
2. That Council authorises:
a) The land acquisition and/or boundary adjustments through
negotiation with adjoining property owners.
b) Affixing the Council seal by the General Manager to
all necessary documents that affect the acquisitions and/or boundary
adjustments.
3. That a status report on this project be presented
to the Community Infrastructure Advisory Committee meeting proposed to be
held on 3 March 2016. (Cameron/Dey)
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Procedural Motion
|
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15-669
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Resolved that Cr Cameron be granted a two minute extension
to his speech. (Woods/Spooner)
The motion was put to the vote and declared carried.
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The motion (Cameron/Dey) was put to the vote and declared
carried.
The meeting adjourned at 2.07pm
in order to open the Byron Shire Reserve Trust Committee Meeting.
The Ordinary meeting reconvened
at 2.45pm. Resolution No 15-670 was used during the Byron Shire Reserve
Trust Committee Meeting.
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Report No. 13.30 Belongil
Catchment Advisory Committee - Nominations for Community Representatives
File No: I2015/1420
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15-671
|
Resolved:
1. That
Council appoint all six community members who applied to be representatives
on the Belongil Catchment Advisory Committee.
2. That
Council appoint Councillors Dey, Hunter and Richardson to the Committee.
3. That
Council arrange a meeting for end of January or beginning of February 2016,
advise all members of the date and time, and prepare an Agenda that kicks off
the processes attributed to the Committee via its terms of reference. (Hunter/Dey)
The motion was put to the vote and declared carried.
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Procedural Motion
|
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15-672
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Resolved that Report No. 13.17 be lifted from the table. (Woods/Spooner)
The motion was put to the vote and declared carried.
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Staff Reports – SUSTAINABLE
ENVIRONMENT AND ECONOMY
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Report
No. 13.17 Byron Bay Town Centre
Placemaking Seed Fund (PSF)
continued
File No: I2015/1405
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15-673
|
Resolved:
1. That
Council endorse the creation of the Byron Bay Town Centre Placemaking Seed
Fund as a collaborative platform to initiate the
revitalisation, beautification and activation of the Town Centre as a
component of the Byron Bay Town Centre Masterplan exhibition and
implementation program.
2. That
Council allocate a budget for the Byron Bay Town Centre Placemaking Seed Fund
being:
a) $30,000
from the Footpath Dining Reserve.
b) $30,000
total from Section 94A Funds within either of the following facility categories:
i)
Civic Improvements in the Byron Bay Town
Centre
ii)
Public Art in town centres
3. That
Council resolve that the final decision regarding successful applicants be
made by the General Manager, under delegated authority and in consultation
with the Mayor.
4. That
the president of the Byron Bay Chamber of Commerce or their delegate be
invited to participate in the Byron Bay Town Centre Placemaking Seed Fund
Assessment Panel.
(Dey/Spooner)
The motion
was put to the vote and declared carried.
Cr Cameron voted against the
motion.
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The motion was put to the vote and declared carried.
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Report No. 13.33 Byron
Bay Sewage Treatment Plant Capacity and the Belongil Fate of the Effluent
File No: I2015/1477
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15-674
|
Resolved:
1. That
Council commence an investigation into the Belongil Fate of Effluent Flow
Path and consult with the newly formed Belongil Catchment Advisory Committee and
Water, Waste and Sewer Advisory Committee on the aims and scope of the
project.
2. That
the project be reported regularly to that Committee and to the Water, Waste
and Sewer Advisory Committee.
3. That
Council allocate $350,000 from the Sewer Fund section 64 reserves to
undertake the Belongil Fate of the Effluent Flow Path project over 12 months
from early 2016. (Dey/Hunter)
Cr Cameron
left the Chambers at 3.09pm and did not return to the meeting.
The motion was put to the vote and declared carried.
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Reports
of Committees - Infrastructure Services
|
|
Report No. 14.4 Report
of the Local Traffic Committee Meeting held on 25 November 2015
File No: I2015/1486
|
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15-675
|
Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report
No. 6.4 Road Closures Byron Bay Triathlon
File No: I2015/1408
1. That
approval of the temporary road closures within Byron Bay for undertaking the
7 May 2016 Byron Bay Triathlon apply to the following, subject to each being
implemented no earlier than 12 noon and removed no later than 4pm:
a) Bay
Street, between Fletcher Street and Middleton Street
b) Middleton
Street, between Bay Street and Marvell Street
c) Marvell
Street, between Middleton Street and Tennyson Street
d) Tennyson
Street, between Marvell Street and Browning Street
e) Bangalow
Road, between Browning Street and Broken Head Road
f) Broken
Head Road, from Bangalow Road to the Ballina LGA boundary
g) Lawson
Street, between Middleton Street and Massinger Street
2. That
the approval provided in Part 1 is subject to:
a) NSW
Police approval being obtained;
b) Local
Traffic Committee advice is sought for the event Traffic Management Plan
(including Risk Management Plan and Traffic Control Plan/s) prior to
implementation of traffic control devices including road closures, noting
that:
i) conformance
with approved Traffic Management Plan and associated Traffic Control Plans
which shall be implemented and controlled by Roads & Maritime Services
accredited persons;
ii) all
signage erected for the event to not cause a hazard for motorists or
pedestrians and be removed immediately following the completion of the event;
and
iii) temporary
Speed Zone Authorisation is obtained from the roads authority for any reduced
speed limit/s required as part of the traffic control for the event; and that
where local Council is the roads authority, notification of any reduced speed
limit should be forwarded to Roads and Maritime Service and NSW Police.
iv) approval
of Roads and Maritime Services is obtained by way of a Road Occupancy License
where event is on a state road or where the event may impact the state road
network.
c) That
the event organiser:
i) advertise
the impact of the event via a notice in the local weekly paper a minimum of
one week prior to the operational impacts taking effect, noting it must
include the event name, specifics of any traffic impacts or road closures and
times, alternative route arrangements, event organiser, a personal contact
name and a telephone number for all event related enquiries or complaints;
ii) providing
copy of the advert for Council's web page
iii) informing
community and business that are directly impacted (eg adjacent to the event)
via written information which is delivered to the property in a timely manner
so as to document, consider and respond to any concerns raised
iv) arranging
for private property access and egress affected by the event
v) liaising
with bus and taxi operators and ensuring arrangements are made for provision
of services during conduct of the event
vi) consulting
with emergency services and any identified issues be addressed
vii) holding
$20 million public liability insurance cover which is valid for the event
viii) payment
of Council’s Road Event application fee prior to the event
d) That
for any event involving on-road cycling, the event organiser must:
i) obtain
the endorsement of Bicycle NSW or the relevant peak-body that is
representative of the approved activity ; and
ii) ensure
it is conducted and sign-posted in accordance with the Roads & Maritime
Services Guidelines for Bicycle Road Races (Dey/Woods)
The motion was put to the vote and declared carried.
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FORESHADOWED MOTION
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15-676
|
Resolved that Council liaise with Tweed Council to
consider:
a) the
capacity of our Shires to host the current or projected number of on-road
events per year; and
b) the
attractions of NSW roads for on-road events such as this, generating from
South-east Queensland. (Dey/Woods)
The motion was put to the vote and declared carried.
Cr Ibrahim voted against the motion.
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15-677
|
Resolved the following:
Report
No. 6.7 Road Closures New Year’s Eve Byron Bay
File No:
I2015/1411
1. That
Council notes the Local Traffic Committee supports Council's temporary
traffic management initiatives for Byron Bay New Year's Eve and endorses the
road closure of Jonson Street, Byron Bay between Lawson Street through to the
car park entry at Railway Park (north of Marvell Street) from 12 noon on 31
December 2015 and its removal by no later than 7am on the 1 January 2016.
2. That
the above approval remain subject to Council endorsement of the event prior
to implementation and is subject to the following requirements:
a) traffic
control plans are designed and implemented by those with the appropriate NSW
(RMS) accreditation;
b) advertising
is undertaken as required by the Roads Act plus the publication of a map and
explanatory notes in a local newspaper and on Council's website;
c) the
letterbox drop of properties adjacent and prior to the Jonson Street closure
and Bay Street, Marvell Street and Byron Street parking changes; and
d) that
all parties involved in Council's NYE events hold or least covered by,
appropriate and relevant levels of insurance and public liability cover as
required by Council.
(Cubis/Dey)
The motion was put to the vote and declared carried.
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FORESHADOWED MOTION
|
15-678
|
Resolved that Council staff be advised to make the process
commence sooner in 2016 so that road closures are advertised at least 2
months earlier than any of the previous three years.
(Dey/Cubis)
The motion was put to the vote and declared carried.
Cr Ibrahim voted against the
motion.
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15-679
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 6.13 Request for speed humps, Seven Mile Beach Road, Byron Bay
File No: I2015/1418
That Council notes that the
Local Traffic Committee does not endorse the use of speed humps on the
proposed sealed section of Seven Mile Beach Road, Broken Head in a default
rural speed limit area, and that a reduced speed limit is not appropriate. (Dey/Woods)
The motion was put to the vote and declared carried.
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FORESHADOWED
MOTION
|
15-680
|
Resolved that Council:
1. place No Stopping
signage along Seven Mile Beach Road, Broken Head extending from the end of
current signage to near entrance #142 where appropriate (eg limited road
width and restricted sight lines).
2. ask the Local
Traffic Committee to endorse that signage prior to implementation.
3. install advisory
signage on Seven Mile Beach Road as appropriate. (Dey/Spooner)
The motion was put to the
vote and declared carried.
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Procedural Motion
|
|
15-681
|
Resolved that an urgency motion be introduced regarding the
2015/16 Bridge Program. The urgency is that two more months of the
2015/16 Bridge Program will have transpired if we leave this until the
February Council meeting. (Dey/Hunter)
The motion was put to the vote and declared carried.
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The Deputy Mayor ruled the matter to be of great urgency.
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No. 1 Matter
of Urgency - 2015/16 Bridge Program
|
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15-682
|
Resolved that Council:
1. Undertake
a needs analysis of road bridges requiring replacement and refurbishments in
order to determine priorities.
2. Investigate
further funding options for road bridge replacement and refurbishments.
3. Write
to the Local State MP requesting advice and assistance regarding urgent road
bridge replacements.
4. Receive
a report in relation to points 1 to 3 by March 2016, to inform
Council’s 2016/17 budget process.
5. Consider
putting up a motion for increased funding for road bridge replacement and
refurbishments to the 2016 LGNSW Conference.
6. Undertake
further inspections of road bridges that have or could soon have load limits,
in order to understand community priorities for replacement and repairs. (Dey/Hunter)
The motion was put to the vote and declared carried.
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There being no further business the meeting concluded at 3.35pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 4 February 2016.
….…………………………
Mayor Simon Richardson
