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Minutes

 

Ordinary Meeting

 

 Thursday, 25 February 2016

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

25 February 2016

 

 

INDEX OF ITEMS DISCUSSED

 

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. 5

Report No. 13.3          Operational Plan 2015/16 - Progress Report 5

Report No. 13.4          PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 July to 31 December 2015. 6

Report No. 13.6          Submission NSW Coastal Reforms. 6

Report No. 13.11       Assessment of Mowing Tender 2015-0029. 6

Report No. 13.13       Use of Butler Street Reserve for event parking. 6

Report No. 14.1          Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 25 November 2015. 7

Notice of Motion No. 9.2          Code of Conduct and Council Committee Members. 8

Report No. 13.8          PLANNING - 10.2014.753.1 Bluesfest - Recreation Facility (major) at Tyagarah. 8

Report No. 13.10       Update on Intersection Treatment for Clifford Street / Broken Head Road, Suffolk Park  11

Report No. 16.1          CONFIDENTIAL - Code of Conduct 12

Notice of Motion No. 9.1          Mayor's Discretionary Allowance. 14

Delegates Report No. 1            Coastal Zone Management Plan PRG.. 14

Delegates Report No. 2            NOROC.. 15

Report No. 13.2          Council Investments January 2016. 15

Report No. 13.5          Results of 2015-16 NYE Shuttle. 15

Report No. 13.7          Byron Bay Town Centre DRAFT Masterplan Exhibition. 16

Report No. 13.9          2016 Australian Coastal Councils Conference. 16

Report No. 13.12       Infrastructure Works in the North of the Council Area funded from the proceeds of the Roundhouse Development 16

Question With Notice No. 15.1                 O'Meara Bridge Binna Burra/Federal 17

Report No. 16.2          CONFIDENTIAL - Bridge Replacement 17

 


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.

 

 

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:

 

9.2       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.

 

 

Apologies

There were no apologies.

 

 

Requests for Leave of Absence

 

There were no requests for leave of absence

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

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

 

16-042

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

 

Confidential Reports

 

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

 

Report No. 13.1           Budget Review - 1 October 2015 to 31 December 2015

File No:                        I2016/24

 

16-043

Resolved:

1.       That That Council authorise the itemised budget variations as shown in Attachment 2 (#E2016/8631) which includes the following results in the 31 December 2015 Quarterly Review of the 2015/2016 Budget:

 

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

b)      General Fund - $2,238,300 increase in reserves

c)      Water Fund - $1,210,900 increase in reserves

d)      Sewerage Fund - $1,573,700 increase in reserves

 

2.       That Council adopt the revised General Fund Accumulated Surplus/(Working Funds) of $919,100 for the 2015/2016 financial year as at 31 December 2015.       (Richardson/Woods)

 

 

 

Report No. 13.3           Operational Plan 2015/16 - Progress Report

File No:                        I2016/32

 

16-044

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

 

Report No. 13.4           PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 July to 31 December 2015

File No:                        I2015/1500

 

16-045

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

The motion was put to the vote and declared carried.

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

No Councillors voted against the motion.

 

 

 

Report No. 13.6           Submission NSW Coastal Reforms

File No:                        I2016/29

 

16-046

Resolved that Council note the contents of this report and that a staff submission on the NSW coastal reforms package will be made and that Councillors and the members of the public can make submissions.                                                                                              (Richardson/Woods)

 

 

Staff Reports – infrastructure Services

 

Report No. 13.11         Assessment of Mowing Tender 2015-0029

File No:                        I2016/37

 

16-047

Resolved:

1.       That Council award the Tender as detailed within attachment 1 (#E2016/7845).

 

2.       That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.                                                                                                           (Richardson/Woods)

 

 

 

Report No. 13.13         Use of Butler Street Reserve for event parking

File No:                        I2016/57

 

16-048

Resolved:

1.       That Council offer organisers of events (over 1,000 participants) exclusive use of Butler Street Reserve for parking with the choice of two payment options (to be nominated by the organiser):

 

a)      Event organiser pays a hoarding rate for the entire area ($1,820/day); or

 

b)      Event attendees pay a reduced full day parking rate ($10/day per vehicle).

 

2.       That the above option are included in the paid parking review and adjusted as necessary in line with demand for general public parking on Butler Street reserve.      (Richardson/Woods)

 


 

 

 

Reports of Committees - Corporate and Community Services  

 

Report No. 14.1           Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 25 November 2015

File No:                        I2016/100

 

16-049

Resolved that Council note the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 25 November 2015.                                               (Richardson/Woods)

 

16-050

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.1    Clarkes Beach Midden Update

File No: I2015/1376

 

Committee Recommendation 5.1.1

That the Arakwal MoU Committee note the actions taken by Council in the investigation and progressing of a resolution of the issues impacting on the Clarkes Beach Midden.

(Richardson/Woods)

 

16-051

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.2    NAIDOC Week Street Banners

File No: I2015/1379

 

Committee Recommendation 5.2.1

1.    That the Arakwal MoU Advisory Committee note the creation of Aboriginal themes street banners.

 

2.    That information on sourcing additional banner poles for all towns be provided for the next meeting.                                                                                                        (Richardson/Woods)

 

16-052

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.3    Aboriginal and Torres Strait Islander Peoples Programs Update

File No: I2015/1384

 

Committee Recommendation 5.3.1

That the Arakwal MoU Advisory Committee:

 

1.    Note and provide its endorsement to the Council’s commitment to the delivery of Aboriginal and Torres Strait Islander Programs and Projects in the period from July 2015 to November 2015.

 

2.    Note the importance of these projects in building the networks within the local Aboriginal and Torres Strait Islander community.                                                                (Richardson/Woods)

 

 

 

Procedural Motion

16-053

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.

 

 

Notices of Motion

 

Notice of Motion No. 9.2     Code of Conduct and Council Committee Members

File No:                                  I2016/107

 

16-054

Resolved that Council:

1.    Recognise the success of the South Golden Beach Community Hall and its renovation and refurbishment which included new decks on the eastern and northern sides, new foyer, kitchen upgrade, office space upstairs, new cladding and new bathrooms; 

 

2.    Recognise the efforts of the s355 Committee which manages the facilities and functions of the Hall for Council and which assisted greatly with the rebuild;

 

3.    Recognise the extraordinary efforts of Angela Dunlop (president of the s355 Committee) in both managing the Hall and advising on its recent rebuild; 

 

4.    Recognise the huge contribution of all Council Committee members (s355 and other) in achieving Council’s and the community’s goals; 

 

5.    Write to the Minister for Local Government, the Hon Paul Toole MP asking for a review of the state's Model Code of Conduct Procedures including the alignment of the treatment of members of Council Committees more with that afforded Councillors such as but not limited to (Code of Conduct Procedures clause 5.18) explanation, counselling, training, mediation, informal discussion, negotiation or apology.                                                     (Dey/Richardson)

 

 

Procedural Motions

16-055

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.

 

16-056

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

 

Report No. 13.8           PLANNING - 10.2014.753.1 Bluesfest - Recreation Facility (major) at Tyagarah

File No:                        I2016/47

 

16-057

Resolved that Council move into committee                                                                 (Dey/Woods)

The motion was put to the vote and declared carried.

 

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.

 

Procedural Motion

16-058

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

 

16-059

Resolved:

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 ten 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 ten event days per calendar year including only one multi day event (of up to five days);

-      delete existing (iv) and (v);

-      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.

(Woods/Ibrahim)

The amendment was put to the vote and declared carried.

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

Crs Dey, Richardson and Cameron voted against the amendment.

Cr Wanchap was not present for the vote.

 

The amendment upon becoming the substantive motion was put to the vote and declared carried.

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

Crs Dey and Cameron voted against the motion.

Cr Wanchap was not present for the vote.

 

FORESHADOWED MOTION

 

16-060

Resolved that Condition 12 be amended such that 14 days prior to the commencement of an event including its preparation the event manager will advise the pistol club.           (Ibrahim/Woods)

The motion was put to the vote and declared carried.

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

No Councillors voted against the motion.

Cr Wanchap was not present for the vote.

 

FORESHADOWED MOTION

16-061

Resolved that Condition 44(f) be amended by inserting a full stop after the words “buffer fencing” and delete the rest.                                                                                                     (Ibrahim/Woods)

The motion was put to the vote and declared carried.

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

Cr Cameron voted against the motion.

Cr Wanchap was not present for the vote.

 


 

FORESHADOWED MOTION

16-062

Resolved that Condition 51 be amended to delete the two sentences below the table.

(Ibrahim/Woods)

The motion was put to the vote and declared carried.

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

Cr Dey voted against the motion.

Cr Wanchap was not present for the vote.

 

FORESHADOWED MOTION

16-063

Resolved that Condition 54 include the following words at the end of the sentence “…unless authorised by the Roads and Maritime Service.”                                                      (Ibrahim/Woods)

The motion was put to the vote and declared carried.

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

No Councillors voted against the motion.

Cr Wanchap was not present for the vote.

 

Cr Cubis left the chambers at 3.04pm and Cr Wanchap returned to the meeting at 3.04pm.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.10         Update on Intersection Treatment for Clifford Street / Broken Head Road, Suffolk Park

File No:                        I2016/36

 

16-064

Resolved:

1.       That Council present all options contained in the report for consultation including safe pedestrian crossing arrangements with the community.

2.       That the results of the community consultation be reported back to Council. (Ibrahim/Woods)

 

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

 

 

Report No. 16.1           Confidential - Code of Conduct

File No:                        I2016/14

 

Cr Wanchap left the meeting at 3.30pm.

 

16-065

Resolved:

1.       That pursuant to Section 10A(2)(i) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Code of Conduct.

 

2.       That the reasons for closing the meeting to the public to consider this item be that the report contains alleged contraventions of code of conduct requirements applicable under section 440 of the Local Government Act, 1993.

 

3.       That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as disclosure would breach Code of Conduct procedures which provide that information about Code of Conduct complaints and the management and investigation of Code of Conduct complaints is, save for specific exceptions, to be treated as confidential and is not to be publicly disclosed.        (Dey/Woods)

 

The motion was put to the vote and declared carried.

 

Cr Wanchap returned to the meeting at 3.37pm to provide a verbal submission and left again at 3.47pm.

 

 

CONFIDENTIAL SESSION

 

Procedural Motions

16-066

Resolved that Council move into Committee.                                                    (Woods/Richardson)

The motion was put to the vote and declared carried.

 

16-067

Resolved that Council move out of Committee and resume the Ordinary Meeting.

(Dey/Richardson)

The motion was put to the vote and declared carried.

 

16-068

Resolved:

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.                                                                                                                  (Dey/Richardson)

 

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.

 

Procedural Motion

16-069

Resolved that the meeting move out of confidential session.                        (Richardson/Cameron)

The motion was put to the vote and declared carried.

 


 

 

 

Mayoral Minute

There was no mayoral minute.

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Mayor's Discretionary Allowance

File No:                                  I2016/35

 

16-070

Resolved:

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

 

·        Startinno Startup Innovation and Coworking Hub in Byron Bay - $500

 

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

 

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.

 

 

Petitions

 

Title of Petitions

No. of Signatures

1.

Development Plan for Lot 101 Ewingsdale

#S2016/1895

“We the community want rural not urban.”

147

 

 

Submissions and Grants

There were no submissions or grants.

 

 

Delegates' Reports

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

 

Report No. 13.2           Council Investments January 2016

File No:                        I2016/27

 

16-071

Resolved that the report listing Council’s investments and overall cash position as at 31 January 2016 be noted.                                                                                                      (Spooner/Cameron)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.5           Results of 2015-16 NYE Shuttle

File No:                        I2016/4

 

16-072

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.

 

 

 

Report No. 13.7           Byron Bay Town Centre DRAFT Masterplan Exhibition

File No:                        I2016/34

 

16-073

Resolved:

1.    That the Draft Byron Bay Town Centre Masterplan be placed on final public exhibition from Thursday 3 March to Thursday 7 April 2016. 

 

2.    That submissions received during the exhibition period be considered as part of a Councillor workshop to inform the final Masterplan.

 

3.    That the final Byron Bay Town Centre Masterplan be reported to Council for adoption.

(Spooner/Richardson)

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.9           2016 Australian Coastal Councils Conference

File No:                        I2016/55

 

16-074

Resolved that Council appoint Cr Cubis as its delegate to attend the 2016 Australian Coastal Conference to be held at Western Australia from 4–6 May 2016.                      (Woods/Richardson)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.12         Infrastructure Works in the North of the Council Area funded from the proceeds of the Roundhouse Development

File No:                        I2016/51

 

16-075

Resolved:

1.    That the community be invited to consider the following:

 

a)    a shortlist for renewal works as seen in Table 2.

b)    2 options for the proposed $330,000 budget which will include:

 

-     option 1 Waterlily Park Playscape $330,000; and

-     option 2 Fern Beach Playground $59,000, South Golden Beach Hall Playground $59,000, Waterlily Park Playscape $100,000 and Devines Hill board walk and amenity improvements $112,000.

 

2.       That the results of the community consultation be reported back to Council.  

(Richardson/Woods)

The motion was put to the vote and declared carried.

 

 

Questions With Notice

 

 

Question With Notice No. 15.1     O'Meara Bridge Binna Burra/Federal

File No:                                           I2016/101

 

 

Cr Cubis asks the following questions:

 

Who is responsible?

 

·        How was the bridge allowed to reach this state?

·        As rate payers we expect the Council will maintain these assets. Who is responsible and accountable for this? Where does the buck stop?

·        We don’t believe the current infrastructure asset management and process is adequate.

·        Where is the sinking fund? The proactive forward planning?

·        What steps are you putting in place to ensure this doesn’t happen again to other assets that are critical to the continued progress and development of the shire?

 

What is the solution?

 

·        We understand the recent grant application for Federal Funding to replace the bridge was unsuccessful. Other local councils were successful with Kyogle receiving $2.2 million in funding.

·        Does the Council even need Federal Funding – can’t Council commit to paying for the bridge itself?

·        Is the remediation work to be included in the 2016 -17 budget? If not why not?

·        Has consideration been given for Council to borrow the whole cost of the Bridge to complete the works?

·        Is the Council able to commit to a timetable for the remediation work to be completed?

·        The consultation process into placing a load limit on the Bridge was woefully inadequate and residents were badly affected with just a week’s notice.  

 

Response Director Infrastructure Services, Phillip Holloway:

 

Staff are in the process of preparing a response to the Question with Notice to be tabled at a further meeting of Council.

 

Staff propose to hold a meeting with the community in relation to O’Meara’s Bridge in March 2016 to address issues raised at Public Access at Council’s Ordinary meeting held on 4 February 2016. 

 

A date is yet to be confirmed.

  

 

CONFIDENTIAL Reports - Infrastructure Services

 

Report No. 16.2           Confidential - Bridge Replacement

File No:                        I2016/112

 

16-076

Resolved:

1.       That pursuant to Section 10A(2)(c) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Bridge Replacement.

 

2.       That the reasons for closing the meeting to the public to consider this item be that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

3.       That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.                                                                                      (Woods/Richardson)

 

The motion was put to the vote and declared carried.

 

 

CONFIDENTIAL SESSION

16-077

Resolved:

1.       That Council resolves not to proceed to invite tenders for the supply of steel modular bridging for the following reasons;

·           The goods are not available through any other supplier being ADF surplus. The supplier is the ADF contractor for disposal of surplus equipment.

·           Modular bridges of this type are not available through any other supplier

·           There is no bridge or bridge system on the market in Australia that provides the load carrying capacity  and constructability that is remotely competitive in price

 

2.       That Council authorise the General Manager to negotiate the purchase of up to five surplus ADF bridges from Sell and Parker for up to $800,000 including GST.

 

3.       That the purchase of surplus ADF bridges be funded from the Bridge Replacement Fund Reserve $500,000 with residual funding provided by a combination of any unexpended 2015/2016 budgets allocated to bridges and the Infrastructure Renewal Reserve.

 

4.       That Council prioritises the purchase of replacement bridges for those crossings that have no or most limiting alternate routes when weight limits are required on existing crossings.

(Hunter/Cubis)

The motion was put to the vote and declared carried.

 

 

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