Minutes
Ordinary Meeting
Thursday, 25 February 2016
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
25 February 2016
The following items are listed in the order in which they were dealt with.
Report No. 13.1 Budget Review - 1 October 2015 to 31 December 2015
Report No. 13.3 Operational Plan 2015/16 - Progress Report
Report No. 13.6 Submission NSW Coastal Reforms
Report No. 13.11 Assessment of Mowing Tender 2015-0029
Report No. 13.13 Use of Butler Street Reserve for event parking
Notice of Motion No. 9.2 Code of Conduct and Council Committee Members
Report No. 13.8 PLANNING - 10.2014.753.1 Bluesfest - Recreation Facility (major) at Tyagarah
Report No. 16.1 CONFIDENTIAL - Code of Conduct
Notice of Motion No. 9.1 Mayor's Discretionary Allowance
Delegates Report No. 1 Coastal Zone Management Plan PRG
Report No. 13.2 Council Investments January 2016
Report No. 13.5 Results of 2015-16 NYE Shuttle
Report No. 13.7 Byron Bay Town Centre DRAFT Masterplan Exhibition
Report No. 13.9 2016 Australian Coastal Councils Conference.
Question With Notice No. 15.1 O'Meara Bridge Binna Burra/Federal
Report No. 16.2 CONFIDENTIAL - Bridge Replacement
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 25 February 2016
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 25 February 2016 COMMENCING AT 9.00AM AND CONCLUDING AT 5.35PM
I2016/151
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Cubis (arrived at 9.15am), 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 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.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
9.2 Code of Conduct and Council Committee Members
Angela Dunlop addressed Council in favour of the recommendation.
13.8 PLANNING - 10.2014.753.1 Bluesfest - Recreation Facility (major) at Tyagarah
Peter Noble and Damian Chappelle addressed Council in favour of the recommendation.
Michael Goldberg, John Bailey, Isaac Shapiro, and Gwen Gould addressed Council against the recommendation.
The meeting adjourned at 9.50am and reconvened at 10.05am.
13.10 Update on Intersection Treatment for Clifford Street/Broken Head Road, Suffolk Park
Donald Maughan (President, Suffolk Park Progress Association) addressed Council against the recommendation.
13.13 Use of Butler Street Reserve for event parking
Louise Jordan (Westpac Life Saver Rescue Helicopter) addressed Council in favour of the recommendation.
15.1 O'Meara Bridge Binna Burra/Federal
David Richardson addressed Council regarding this report.
16.1 CONFIDENTIAL Code of Conduct
David Beattie addressed Council regarding this report.
Submission No. 1 Bangalow Men’s Shed
Brian Mackney (Convenor – Bangalow Men’s Shed on behalf of the Bangalow Lions Club) made a submission to Council requesting Council’s support and a contribution to assist the Lions Club with this project.
Submission No. 2 Secrecy
Tom Tabart made a submission to Council regarding Council confidentiality.
The meeting adjourned at 11.02am and reconvened at 11.20am.
There were no apologies.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Wanchap declared a pecuniary interest in Item 13.8, the nature of the interest being that she has a business that is enhanced by events. Cr Wanchap elected to leave the meeting during the discussion and abstained from voting.
Tabling of Pecuniary Interest Returns
In accordance with the Local Government Act 1993 Section 450A(2), a Section 449(1) First Return is tabled for:
· Stephen Ansoul, Revenue Coordinator
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the following meetings be confirmed: · Byron Shire Reserve Trust Committee held 4 February 2016 · Ordinary Meeting held 4 February 2016 (Woods/Dey)
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. 13.2 Council Investments January 2016
Sustainable Environment and Economy
Report No. 13.5 Results of 2015-16 NYE Shuttle
Report No. 13.7 Byron Bay Town Centre DRAFT Masterplan Exhibition
Report No. 13.8 PLANNING - 10.2014.753.1 Bluesfest - Recreation Facility (major) at Tyagarah
Report No. 13.9 2016 Australian Coastal Councils Conference
Infrastructure Services
Report No. 13.10 Update on Intersection Treatment for Clifford Street / Broken Head Road, Suffolk Park
Report No. 13.12 Infrastructure Works in the North of the Council Area funded from the proceeds of the Roundhouse Development
Corporate and Community Services
Report No. 16.1 Confidential - Code of Conduct
Infrastructure Services
Report No. 16.2 CONFIDENTIAL – Bridge Replacement
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. 16-043 and concluding with Resolution No. 16-052.
Staff Reports - Corporate and Community Services
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Report No. 13.3 Operational Plan 2015/16 - Progress Report File No: I2016/32
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Resolved that Council note the 6-month progress report (E2016/7244) on the Operational Plan 2015/16. (Richardson/Woods) |
Staff Reports – sustainable environment and economy
Staff Reports – infrastructure Services
Reports of Committees - Corporate and Community Services
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Procedural Motion |
Resolved that Council change the order of business to deal with items 9.2, 13.8, 13.10 and 16.1 next on the Agenda. (Richardson/Woods) The motion was put to the vote and declared carried. |
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Procedural Motions |
Resolved that Cr Dey be granted a one minute extension to his speech. (Woods/Richardson) The motion was put to the vote and declared carried. |
Resolved that Cr Cameron be granted a one minute extension to his speech. (Richardson/Woods) The motion was put to the vote and declared carried. |
The motion (Dey/Richardson) was put to the vote and declared carried.
Staff Reports – sustainable environment and economy
The Mayor left the meeting at 12.15pm. The Deputy Mayor took the Chair. The Mayor resumed the Chair at 12.17pm.
The meeting adjourned at 1.00pm for lunch and reconvened at 1.47pm.
Cr Wanchap left the meeting at 1.50pm in accordance with her declaration of pecuniary interest in this matter.
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Procedural Motion |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Richardson/Woods) The motion was put to the vote and declared carried. |
FORESHADOWED MOTION
Moved:
1. That pursuant to Clause 13 of State Environmental Planning Policy 44 Protection of Koala Habitat, the Revised Koala Plan of Management 2015 by Australian Wetlands Consulting and dated August 2015 be adopted and approved by Council; and
2. That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2014.753.1 for a Recreation Facility (major), be granted consent subject to the conditions drafted as in Attachment 5 (#E2016/7083) and amended as follows and as by any subsequent resolution today:
a) Condition 3a)
- clause (i) to read "between 15,000 and 25,000 people on any event day";
- clause (ii) and (iii) combined to read “up to eight event days per calendar year including only one multi day event (of up to five days);
- Delete existing (iv) and (v);
- Renumber clauses (xii) onwards.
b) Condition 3b)
- clause (i) to read "between 2,000 and 15,000 people on any event day";
- clause (ii) and (iii) combined to read “up to eight event days per calendar year including only one multi day event (of up to five days);
- delete existing (iv) and (v); (Spooner)
- clauses (xii) onwards to be renumbered.
c) Condition 3c)
- clause (ii) to read "up to 10 event days (with amplified music) per calendar year".
- clause (iii) to read "up to 90 event days (without amplified music) per calendar year".
- clause (ix) all amplified music to conclude by midnight
d) Adjust Conditions 51 and 52 to match condition 3a), 3b) and 3c) where applicable.
(Dey/Richardson)
AMENDMENT
FORESHADOWED MOTION
FORESHADOWED MOTION
FORESHADOWED MOTION
FORESHADOWED MOTION
Cr Cubis left the chambers at 3.04pm and Cr Wanchap returned to the meeting at 3.04pm.
Staff Reports - Infrastructure Services
AMENDMENT
Moved:
1. That Council endorse the preferred solution of a roundabout with safe pedestrian crossing arrangement and additional traffic calming measures if required at the intersection of Clifford Street and Broken Head Road for consultation with the community.
2. That the results of the community consultation be reported back to Council. (Richardson/Dey)
Cr Cubis returned to the meeting at 3.10pm.
The amendment was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap, Spooner and Hunter voted against the amendment.
The motion was put to the vote and declared carried.
Confidential Reports – CORPORATE AND COMMUNITY SERVICES
CONFIDENTIAL SESSION
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Procedural Motions |
Resolved that Council move into Committee. (Woods/Richardson) The motion was put to the vote and declared carried. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Dey/Richardson) The motion was put to the vote and declared carried. |
AMENDMENT
Moved:
1. That the report of the Code of Conduct Reviewer and its findings be noted and its recommendations adopted.
2. That pursuant to the provisions of clause 8.56 e) of Council’s Procedures for the Administration of Council’s Code of Conduct:
Cr Wanchap be and is hereby censured for her breach of Council’s Code of Conduct by failing to acknowledge and declare a significant non-pecuniary conflict of interests, and thereby failing to manage the conflict in accordance with the Code of Conduct, and that the matter be referred to the Division for further action under the misconduct provisions of the Act.
3. Whilst the misconduct warrants a censure and consideration of sanctions available under the Section 440I of the Local Government Act, the misconduct does not warrant suspension from civic office.
4. Council's reasons to be reported to the Office of Local Government are:
a) Councillors have received only basic instructions regarding the Code of Conduct and Misconduct provisions of the Act.
b) Councillor Wanchap is a first-time Councillor who failed to understand the particular characteristics and significance of non-pecuniary conflicts of interests.
c) This failure was not wilful or intentional. It was an ignorance of the Code of Conduct and the Act.
d) Councillor Wanchap has been under severe emotional stress due to her mother's terminal illness throughout 2014, and subsequent death 2015.
e) At the time that the DA in question came before Council on 1st May 2014, Councillor Wanchap had been a Director of the I Medicine Unit Trust since 4 August 2011. Throughout this time, this Trust had not engaged in any business activity and held assets of just $200.
f) It was not until 27 June 2015 that Councillor Wanchap's daughter and son-in-law commenced operating a health clinic.
g) The 'business case' dated 17 March 2014 referred to in the investigator's report was a professional application by Councillor Wanchap's daughter and son-in-law (a naturopath and psychologist respectively) for the use of the soon to be disused Byron Hospital. The application failed. The business case did not relate to the health lodge business commenced in June 2015.
h) Suspension from civic office is the most severe sanction for misconduct under the Act. Such a sanction should be reserved for misconduct that relates to actual or expected significant financial gain for a Councillor and or the relatives of a Councillor. There is no such finding in the investigator's report. (Ibrahim/Woods)
The amendment (Ibrahim/Woods) was put to the vote and declared tied.
Crs Dey, Richardson, Cameron and Spooner voted against the amendment.
The Mayor used his casting vote and declared the amendment lost.
Cr Wanchap was not present for the vote.
The motion was put to the vote and declared tied.
Crs Ibrahim, Cubis, Woods and Hunter voted against the motion.
The Mayor used his casting vote and declared the motion carried.
Cr Wanchap was not present for the vote.
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Procedural Motion |
Resolved that the meeting move out of confidential session. (Richardson/Cameron) The motion was put to the vote and declared carried. |
There was no mayoral minute.
Notices of Motion
Cr Wanchap returned to the meeting at 4.56pm and Crs Spooner and Cameron left the meeting at 4.56pm.
The motion was put to the vote and declared carried.
Crs Spooner and Cameron were not present for the vote.
Crs Spooner and Cameron returned to the meeting at 4.58pm.
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Title of Petitions |
No. of Signatures |
1. |
Development Plan for Lot 101 Ewingsdale #S2016/1895 “We the community want rural not urban.” |
147 |
There were no submissions or grants.
1. Coastal Zone Management Plan PRG
Cr Dey advised Council:
The Project Reference Group (PRG) for the Coastal Zone Management Plan (CZMP) for Byron Bay Embayment met on the 11 February. It was the second meeting of this PRG. The meeting received PRG members’ comments on two the preliminary draft chapters of the CZMP that had been circulated in December and then considered two further draft chapters.
Some comments on the new chapters were received at the meeting and others will be submitted to staff up to the end of February.
The PRG has thus seen four chapters out of the draft. These are not the controversial ones that will deal with for example planning options for Belongil. And Council doesn't get advice from the PRG, because it doesn't vote.
2. NOROC
Cr Richardson advised Council:
Please have a read of the highly inflammatory, speculative and even actually inaccurate front page of the Northern Star from about a week ago of the Mayor Jenny Dowell and I apparently at logger heads over signage on the highway. We certainly aren’t at logger heads at all, we have talked about it and sort of agreed that we would wait for a traffic count review to be completed which has been scheduled in a couple of months. So we truly get to know what the traffic is around Bangalow, if it’s significantly less than what was the proposition or prediction and I think it perhaps will be that the old highway is very lightly trafficked. At that point we can suggest to have more signage or not, but we’re certainly not at logger heads in any sense.
We are also meeting Bob Higgins of RMS next week I think. We chose a spot in Clunes at The General Store Café. Hopefully we can find a way forward, but what I wanted to get a sense of was that I must admit I haven’t really received either condemnation or acylation from people in Bangalow at all. Apart from the General Manager I haven’t had one comment from people in this Shire to whether they support me at least acknowledging that the Bangalow community want less traffic. So I’m curious to get feedback.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
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Report No. 13.5 Results of 2015-16 NYE Shuttle File No: I2016/4
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Resolved that Council note the outcomes of the NYE Shuttle 2015-16. (Ibrahim/Woods) |
AMENDMENT
Moved:
1. That Council note the outcomes of the NYE Shuttle 2015-16.
2. That Council assess the viability of Park and Ride in the future as part of any reviews relating to paid parking and Byron Bay Town Centre Masterplan (access and movement) programs. (Richardson/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.
Staff Reports - Infrastructure Services
CONFIDENTIAL Reports - Infrastructure Services
CONFIDENTIAL SESSION
There being no further business the meeting concluded at 5.35pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 17 March 2016.
….…………………………
Mayor Simon Richardson