Ordinary Meeting
Minutes
28 April 2016
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
28 April 2016 COMMENCING AT 9.03AM AND CONCLUDING AT
3.45PM
I2016/401
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Cubis (arrived at 10.22am) , 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:
9.1
Wicked Van Slogans
Paul McCarthy addressed Council in favour of the
recommendation.
9.2 Community Markets on Roadways
Techa Beaumont addressed Council in favour of the
recommendation.
13.3 Lone Goat Gallery Strategic Plan
Jay Pearse, Rose McKinley addressed Council in favour of
the recommendation.
13.8
Planning - 26.2013.2.1 Ewingsdale Seniors Housing and Commercial Uses Planning
Proposal
Colin
McJannett and Joseph Vescio addressed Council against the recommendation.
The meeting adjourned at 9.35am and reconvened at 9.49am.
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 Spooner declared a non-pecuniary interest in Item 9.2.
The nature of the interest being that my employer Byron Bay Community
Association operates markets in Byron Bay. Cr Spooner elected to leave
the meeting, not participate in the debate and not vote. He will not return
until the matter is resolved.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
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16-189
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Resolved that the minutes of the Ordinary Meeting held 7
April 2016 be confirmed. (Woods/Hunter)
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 Public
Exhibition - Draft 2016/17 Operational Plan, including Statement of Revenue
Policy
Report No. 13.3 Lone
Goat Gallery Strategic Plan
Sustainable Environment and Economy
Report No. 13.7 Economic
Development Strategy - Enterprising Byron 2025
Report No. 13.8 PLANNING
- 26.2013.2.1 - Ewingsdale Seniors Housing and Commercial Uses Planning
Proposal
Infrastructure Services
Report No. 13.10 Adoption
of Draft North Byron Flood Study
Reports of Committees
Infrastructure Services
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 6
April 2016
6.13 Proposed
Electric Vehicle charging stations and dedicated parking sites, Byron Bay
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Woods
and seconded by Cr Richardson. Cr Cubis was not present during reservation of
items for debate and therefore was not present for the vote. Each
recommendation is recorded with a separate resolution number commencing at
Resolution No. 16-190 and concluding with Resolution No. 16-210.
Staff Reports - Corporate and
Community Services
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Report No. 13.2 Investments
March 2016
File No: I2016/229
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16-190
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Resolved that the
report listing Council’s investments and overall cash position as at 31
March 2016 be noted. (Woods/Richardson)
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Report No. 13.4 Draft
Safer Community Compact 2016-2019
File No: I2016/274
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16-191
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Resolved that Council
endorse the Draft Safer Community Compact 2016-2019 in order that:
1. Council
can refer the Draft Safer Community Compact 2016-2019 to the NSW Attorney
General’s Department for endorsement
2. Council
will then be eligible to apply for NSW Crime Prevention funding on an annual
basis.
(Woods/Richardson)
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Report No. 13.5 Section
355 Committee - Senior Citizen's Hall, Byron Bay
File No: I2016/314
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16-192
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Resolved:
1. That
Council approves the formation of a Section 355 Committee to manage the
operation and maintenance of the Senior Citizen’s Hall, Byron Bay.
2. That
Council advertise for Expressions of Interest from the community to form the
Section 355 Committee.
3. That
the Section 355 Committee be delegated the authority to:
a) Manage
the operation and maintenance of the Senior Citizen’s Hall, Byron Bay
b) To
collect income and incur expenditure, within approved budget allocations and
Council policies and procedures, for the maintenance and operation of the
building
(Woods/Richardson)
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Staff Reports – sustainable environment
and economy
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Report No. 13.6 Report
of the Planning Review Committee Meeting held on 31 March 2016
File No: I2016/295
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16-193
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Resolved that the
report be noted. (Woods/Richardson)
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 Crs voted against the motion.
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Staff Reports – INFRASTRUCTURE
SERVICES
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Report No. 13.9 24.2015.81.1
- Myocum Road - Barlows Dairy Cattle Walkway
File No: I2016/154
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16-194
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Resolved:
1. That
Council adopt the preferred option to rehabilitate 450m of Myocum Road with
the construction of a cattle laneway on private property at 385 Myocum Road.
2. That
Council seeks an agreement with the owner of 385 Myocum Road, (including
private landowner cost contribution) to implement Option 1 as detailed in
this report (I2016/154) for a cattle laneway to be constructed on private
property in conjunction with the road rehabilitation works. (Woods/Richardson)
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Reports of Committees -
Infrastructure Services
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Report No. 14.1 Report
of the Local Traffic Committee Meeting held on 6 April 2016
File No: I2016/386
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16-195
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Resolved that Council note the minutes of the Local Traffic Committee Meeting
held on 6 April 2016. (Woods/Richardson)
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16-196
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Resolved that Council
adopt the following Committee and Management Recommendation:
Report
No. 6.1 Proposed parking restrictions, Mullumbimbi Lane,
Brunswick Heads
File No: I2015/586
That commencing at Park Street,
Brunswick Heads, and continuing west for a length of 45m, the north side of
Mullumbimbi Lane be signed as ‘No Parking’ Monday to Friday
between 8.30am and 1pm and the south side be signed as ‘No
Stopping’. Signage to be installed in RMS Technical Direction 2002/12c. (Woods/Richardson)
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16-197
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Resolved that Council adopt the following Committee
and Management Recommendation(s):
Report No. 6.2 Proposed
traffic changes, Clifford Street, Suffolk Park
File No: I2016/265
1. That
‘No Parking’ be signed on the west side of Broken Head Road,
Suffolk Park from 50m south to 90m north of Clifford Street.
2. That
subject to the NSW Transport contracted public transport service provider
concurrence (i.e. Blanchs’), the bus stop and shelter on the south side
of Clifford Street east of Broken Head Road be relocated further east.
3. That
subject to meeting RMS requirements, a speed reducing treatment (eg entry
statement) be implemented on Broken Head Road south of Clifford Street,
Suffolk Park.
4. That
RMS assess the warrant for a fixed speed camera on Broken Head Road south of
Clifford Street, Suffolk Park.
5. That
the Local Traffic Committee have no in-principle objection to entering the
car park driveway furthest from Broken Head Road and exiting the car park
closest to Broken Head Road. (Woods/Richardson)
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16-198
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Resolved that Council adopt the following
Committee and Management Recommendation(s):
Report No. 6.3 Event
road closure, Bangalow Billy cart derby, Sunday 15 May, 2016
File No:
I2016/266
1. That the
Bangalow Billy Cart Derby, to be held Sunday 15 May 2016, which includes the
temporary road closure of Byron Street, Bangalow between Granuaille Road and
Market Street between the hours of 6am and 4pm, be endorsed.
2. That
the approval provided in Part 1 is subject to:
a) NSW
Police approval being obtained
b) Local
Traffic Committee advice being 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
temporary traffic control devices erected for the event must comply with Roads
& Maritime Services Guide to Traffic Control at Worksites Manual, 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
c) The
event organiser:
i) advertising
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
a 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) evidence
of holding $20m public liability insurance cover which is valid for the event
being provided
viii) payment
of Council’s Road Event application fee prior to the event.
(Woods/Richardson)
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16-199
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Resolved that
Council adopt the following Committee and Management Recommendation(s):
Report No. 6.4 Traffic
Management for Mullum2Bruns Paddle, Sunday 22 May 2016
File No:
I2016/153
1. That
Council approve the temporary traffic control measures in Mullumbimby for the
Mullum to Bruns Paddle, to be held on Sunday 22 May 2016.
2. That
the approval provided in Part 1 is subject to:
a) NSW
Police approval being obtained
b) Local
Traffic Committee advice being 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
temporary traffic control devices erected for the event must comply with
Roads & Maritime Services Guide to Traffic Control at Worksites Manual,
not cause a hazard for motorists or pedestrians and be removed immediately
following the completion of the event
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
c) The
event organiser:
i) advertising
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 (e.g. 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) providing
proof of holding $20m public liability insurance cover which is valid for the
event
viii) payment
of Council’s Road Event application fee prior to the event.
(Woods/Richardson)
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16-200
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Resolved that Council does not adopt Committee Recommendation(s)
6.5 as shown in the attachment to this report, but instead adopts the
Management Recommendation(s) as follows:
Report No. 6.5 ANZAC
Day Parades 2016 - Traffic Management
File No: I2015/584
That Council note this item was
tabled as a matter of urgency at the 7 April 2016 Ordinary Meeting and
resolved in support of the 2016 ANZAC Day parades as per the recommendation
of the Local Traffic Committee. (Woods/Richardson)
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16-201
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Resolved that Council adopt the following Committee and
Management Recommendation:
Report No. 6.6 Request
for No Stopping, Byron Bay Courthouse
File No: I2016/267
That subject to owner consent,
‘No Stopping’ apply both sides of the vehicle access road which
is on the grounds of the Byron Bay courthouse and provides access between
Middleton Street and the courthouse car park. Signage and Line marking
to be installed in RMS Technical Direction 2002/12c and /or RMS Delineation
Guidelines section 13. (Woods/Richardson)
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16-202
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Resolved that Council adopt the following Committee and
Management Recommendation(s):
Report No. 6.7 Changes
to parking restrictions, Gilmore Crescent, Byron Bay
File No: I2016/278
1. That
Council’s 6-month review of the pay parking meter registration scheme
includes consideration of extending such a scheme into Gilmore Crescent,
Byron Bay that is within the public road reserve as shown by the orange line
in the 6 April 2016 Local Traffic Committee report to Council (file
I2016/302).
2. That
upon endorsement of the Roads and Maritime Services (RMS) and the land owner
or their delegated authority, the constructed access road and related areas
that exist beyond the public road reserve of Gilmore Crescent and that are
upon the Sandhills crown reserve be signed as depicted in this report
(I2016/302) such that :
a) the
red solid line being ‘No Parking’, applicable all times
b) the
red dashed line being ‘No Parking 1am – 6am’
c) the
yellow line being ‘No Stopping’ unless currently signed
otherwise, e.g. permissive parking
d) the
removal of the Loading Zone (blue line ) and with the exception of the
retention of the mobility permit parking bay apply:
i) a
15-minute time limit Monday to Friday 8am-10am and 3pm-6pm
ii) ‘No
Parking 1am-6am’
iii) no
time limit outside these times
e) the
green solid line is to be ‘No Parking – Monday -Friday 6am-6pm
Permit Holders Excepted’ and ‘No Parking 1am-6am’
f) the green dashed line
being ‘No Parking - 6am-6pm Permit Holders Excepted’
and ‘No Parking 1am-6am ’Woods/Richardson)
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16-203
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Resolved that Council adopt the following Committee and
Management Recommendation:
Report No. 6.8 Request
for No Stopping - 6-8 Browning Street, Byron Bay
File No: I2016/287
That
‘No Parking’ apply at the frontage of 6 - 8 Browning Street,
Byron Bay for the time and day of waste services only (currently 6.00 –
8.00 am Tuesday) subject to confirmation that collection of bins on Browning
Street was the approved method under the DA consent conditions.
(Woods/Richardson)
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16-204
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Resolved that
Council adopt the following Committee and Management Recommendation:
Report No. 6.9 Request
for parking restrictions, Osprey Court, Byron Bay
File No: I2016/288
That ‘No Parking’ be
signed from the driveway of number 3 Osprey Court, Byron Bay to number 5
Osprey Court, Byron Bay. (Woods/Richardson)
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16-205
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Resolved: that
Council adopt the following Committee and Management Recommendation:
Report No. 6.10 Removal of
30-minute time limit, bus zone, Jonson Street, Byron Bay
File No: I2016/289
That on the grounds of non-compliance
and misuse the 30-minute time limit, introduced as per Council resolution
11-040, be removed from the existing Bus Zone signage on the west-side of
Jonson Street, Byron Bay as located immediately north of Marvell Street. (Woods/Richardson)
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16-206
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Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report No. 6.11 Byron Bay
to Ballina Coastal Charity Walk - Westpac Life Saver Rescue fundraiser,
Sunday 15 May 2016
File No: I2016/291
1. That
Council endorses the Westpac Life Saver Rescue Helicopter fundraiser, Byron
Bay to Ballina Chopper Walk, to be held Sunday 15 May 2016, subject to:
a) the
use of an accredited designed and implemented Traffic Control Plan for the
purpose of stop / go controls where required
b) the
use of marshals along Marine Parade who, for the purpose of aiding and
forming participants into walking groups, are to undertake their duties in accordance
with a pre-event risk assessment and management plan, a copy of which is to
be provided to Council prior to the event
c) public
liability insurance be in place for the sum of at least $20 million
d) attainment
(by the event proponent) of NPWS written acceptance of the event
2. That
the endorsement in Part 1 is also subject to the following in regard to the
use of Seven Mile Beach Road, that is:
a) signage,
which specifies the date, hours and nature of the event, be positioned at the
entrance and exit of Seven Mile Beach Road one week prior to the event
b) on
the day of the event, at 500m intervals, and facing both directions of
travel, signs advising of ‘Special Event - Charity Walk Ahead’
(or similar) are installed prior, and removed after, the event occurs
c) a
safety induction for participants advising of hazards be provided
(Woods/Richardson)
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16-207
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Resolved that
Council adopt the following Committee and Management Recommendation:
Report No. 6.12 Request for
No Stopping, service road, 44-52 Massinger Street, Byron Bay
File No: I2016/293
That the east side of the
service road between the properties of 44 and 52 Massinger Street, Byron Bay
be signed as ‘No Stopping’, as per RMS Technical Direction
2002/12c.
(Woods/Richardson)
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16-208
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Resolved that
Council adopt the following Committee and Management Recommendation(s):
Report No. 6.14 Splendour
in the Grass
File No: I2016/306
That
the temporary traffic management and regulatory changes within the series of
Traffic Control Plans related to the Splendour in the Grass Music Festival to
be held Friday 22nd to Sunday 24th July 2016 inclusive be endorsed subject to
the following:
a) NSW
Police approval being obtained
b) Local
Traffic Committee advice being 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
temporary traffic control devices erected for the event must comply with
Roads & Maritime Services Guide to Traffic Control at Worksites Manual,
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
c) The
event organiser:
i) advertising
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
a 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) evidence
of holding $20m public liability insurance cover which is valid for the event
being provided;
viii) a
communications protocol being developed in conjunction with RMS, Police and
any other identified stakeholder and explained to those involved in the
implementation of traffic management; and
ix) the holding of an event
debrief within the month following the festival which includes but not
limited to Council, RMS and Police. (Woods/Richardson)
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16-209
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Resolved: that
Council adopt the following Committee and Management Recommendation:
Report No. 7.1 New
roundabout and speed zone, Tweed Valley Way, Yelgun
File No: I2016/290
That Council writes to the RMS
requesting a speed zone review on the roundabout design for the new dual lane roundabout at Tweed Valley Way, Yelgun. (Woods/Richardson)
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16-210
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Resolved: that
Council adopt the following Committee and Management Recommendation:
Report No. 8.1 Byron
Bay Bypass - DA 10.2016.77.1
File No: I2016/292
That detailed design plans for line marking and regulatory
signage as proposed for the Byron Bay town centre bypass be provided to the
Local Traffic Committee, whose endorsement of such plans are required prior
to their implementation. (Woods/Richardson)
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Procedural
Motion
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16-211
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Resolved that Council change the order of business to deal
with Items 9.1, 9.2, 13.3 and 13.8 next on the Agenda. (Richardson/Woods)
The motion was put to the vote and declared carried.
Cr Cubis was not present for the vote.
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Notices
of Motion
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Notice of Motion No. 9.1 Wicked
Van Slogans
File No: I2016/371
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16-212
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Resolved that Council:
1. reaffirms our community's commitment to
respect for all residents and visitors and that indecent, sexist, racist,
homophobic, misogynist and other offensive language and images displayed
publicly are inconsistent with this principle.
2. opposes the use of misogynist and racially vilifying advertising slogans
on camper vans that utilise public spaces within the Byron Shire
as it clearly contravenes its Community Strategic Plan, Community
Outcome “EC2” being, “A sustainable tourism industry
that respects and promotes our natural environment and community values”.
3. write to the Australian Human Rights
Commission seeking their guidance as to whether:
Misogynist
and sexually explicit signs contravene the Sex Discrimination Act and
recommendation 10, ‘To
strengthen protection from sexual harassment’,
of the Commission’s 2010, Gender Equality Blueprint 2010.
Racially
vilifying signs contravene the Racial Discrimination Act, Section 18C
4. approach the Local Area Commander
of NSW Police requesting him to take action under the Summary Offences Act
1988 and the Crimes Act 1900 (578C) to regulate offensive language and the
offence of published indecent article, and request action be taken regarding
such language on Wicked Vans.
5. write to the Premier of NSW Mike Baird
supporting calls to get the offensive slogans off the vans, or the vans off
the road and to increase powers to remove offensive slogans from hire vans;
6. send a copy of that letter to the
Premier of Queensland Annastacia Palaszczuk; and
7. investigate ways in which Council can
support such a ban on the slogans (or the vans) by any of the following
means, or by other means that can be found:
a) erecting signs at significant Shire transit points
saying “vans with offensive slogans are not welcome in Byron
Shire”;
b) excluding
vans with offensive slogans from using Council caravan parks.
c) treating
slogans as part of a company’s advertising
and thus acting accordingly if said advertising is considered
offensive.
d) Review the definition of
signage and advertising within the Byron DCP to seek further strengthening of
ensuring appropriate and inoffensive advertising (Dey/Richardson)
The motion was put to the vote and declared carried.
Cr Cubis was not present for
the vote.
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FORESHADOWED MOTION
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16-213
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Resolved that
Council:
1. lodge
the Motion plus accompanying reasoning and background as below (about wicked
van slogans) for the Agenda at the Australian Local Government Association
national conference in June 2016.
2. ask
its delegates to support the motion and to vote for its adoption at the
Conference, or for amendments of it that seek the same outcome.
Motion
That the National General
Assembly call on the Federal Government to introduce legislation making it
unlawful for a person to engage in offensive behaviour based on another
person’s gender identity, sexual orientation or related grounds.
Why is this a national issue
and why should this be debated at the NGA? (100 words)
Violence against women has
finally become part of Australia’s national conversation. From domestic
violence victim Rosie Batty named Australian of the Year in 2015, to the
recent Victorian Royal Commission into Family Violence, the community is now
publicly acknowledging the scourge of domestic violence.
However, there is still much to
be done. Too many women will miss out on the prosperous future the NGA seeks
to achieve unless all government levels work together to improve community
attitudes to women. As the Prime Minister noted last year, every act of
domestic violence begins with an attitude of disrespect toward women.
Background information and
supporting arguments (300 words)
The motion should be supported
because:
• Byron
Shire Council has recently seen examples of vehicles in public places which
display slogans that arguably offend reasonable standards of decency. These
slogans, found chiefly on Wicked-brand camper vans, frequently belittle, mock
or objectify women.
• However,
there is little protection for women under the current law to prevent these
vehicles from displaying demeaning material.
• The
attitudes toward women underlying the slogans – disrespect –
often springs from an assumption of gender inequality, or a belief that men
should dominate relationships. Yet this assumption – the cause of
domestic violence with the strongest level of evidentiary support – is
still not cited by enough community members as a reason for violence against
women. This lack of awareness manifests itself in public images where men
dominate women.
• The
effect of these assumptions and attitudes when it manifests as violence
toward women destroys communities and prosperity. Physical and emotional
violence affects members of all cultures, ages and socio-economic groups.
Domestic violence is the leading cause of death and injury in women under 45,
with more than one woman murdered by her current or former partner every
week.
• Violence
against women and their children, including both domestic and non-domestic
violence, cost the Australian economy $13.6 billion annually. Domestic
violence also creates complex economic issues for women and their children,
and many experience financial risk or poverty as a result. Domestic violence
affects women’s prosperity in key areas of life: debts, bills and
banking, accommodation, legal issues, health, transport, migration,
employment, social security and child support.
• New
laws – similar to current laws which prevent race hatred – should
be introduced to prevent offensive conduct which targets a person’s
gender identity. This would fill a gap in the law and empower women to stand
up to offensive public displays.
(Dey/Hunter)
Cr Cubis arrived at 10.22am.
The motion was put to the
vote and declared carried.
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Notice of Motion No. 9.2 Community
Markets on Roadways
File No: I2016/374
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Cr Spooner left the meeting at 10.27am in accordance
with his earlier declared non-pecuniary interest in this matter.
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Moved:
1. That
Council investigate reducing its fees associated with
community-based projects that involve road closures, such as for the monthly
Peddle and Hawk Acacia Street Market in the Arts & Industry Estate of
Byron Bay.
2. That council note,
in relation to the approved monthly Peddle & Hawk markets in Acacia
Street Byron A&I Estate, that the proponents are actively addressing all
matters required for an occupation certificate (for example, at each market,
a licensed electrician will install and sign off on compliance of all
electrics to AS3002 and a fire safety certifier known to council will be
install and sign off on the market and all stalls meeting fire safety
standards).
3. That occupation
certificate fees relating to Peddle & Hawk market be waived and
inspection fees be charged instead to cover council costs (currently
$150/hour, as for other monthly markets in the Shire).
4. That DA and Road
Event fees for applications after the three event trial (March 2016 plus two
more) be waived in as much as those applications will present the same
matters as were assessed in the DA and Road Event applications approved as
the three event trial.
(Dey/Ibrahim)
|
|
|
Procedural Motion
|
|
16-214
|
Resolved that this matter rest on the table until after the
lunch break. (Dey/Richardson)
The motion was put to the vote and declared carried.
Cr Spooner was not present for the vote.
Cr Spooner returned to the meeting at 10.35am.
|
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.3 Lone
Goat Gallery Strategic Plan
File No: I2016/273
|
|
16-215
|
Resolved:
1. That
Council acknowledge the work of the Byron Library Exhibition Space Section
355 Management Committee since their commencement, and the achievements of
the Lone Goat Gallery.
2. That
Council support the Lone Goat Gallery – Strategic Plan 2016-2019 and
the Committee in the implementation of the Plan.
3. That Council support the
appointment and funding of a part-time Gallery coordinator to implement the
critical priorities in the Lone Goat Gallery Strategic Plan 2016-2019 and staff
provide a report to the Council at the Extraordinary meeting to be held on 29
June 2016 outlining possible funding sources.
4. That
Council staff work with the Byron Library Exhibition Space Section 355
Management Committee to identify potential additional sustainable/recurrent
funding sources for the engagement of a Gallery Coordinator. (Hunter/Woods)
The motion was put to the vote and declared carried.
|
Staff Reports – sustainable
environment and economy
|
|
Report No. 13.8 PLANNING
- 26.2013.2.1 - Ewingsdale Seniors Housing and Commercial Uses Planning
Proposal
File No: I2016/315
|
|
|
Moved:
1. That
Council proceed with the making of the LEP Amendment for Lot 101 DP1140936,
Ewingsdale, with the proponents and the Council to finalise a Draft Voluntary
Planning Agreement for the payment of funds to Council for the McGettigans
Lane roundabout with a reduction in the section 94 developer contributions
payable to council against the contribution made by the proponent under the
VPA.
2. That
the proposed wording for the amendment to Schedule 1 of Byron LEP 2014
be as follows:
Use of certain land at Ewingsdale Road, Ewingsdale:
This clause applies to land at Ewingsdale Road, Ewingsdale
being Lot 101 / DP 1140936.
a. Development for the purposes of Seniors
Housing, Medical Centre, Business Premises, Restaurants or Cafes and Shops is
permitted with development consent.
b. All commercial uses listed in sub-clause (2)
are limited to a combined maximum total floor area of 3,000m2.
c. include
an FSR of 0.3:1 and an FSR map for the site, excluding the commercial
precinct on the eastern portion of the site,
d. That
Council forward the planning proposal to the Secretary of the Department of
Planning and Environment for legal drafting of the LEP amendment and
finalization by the Minister.
e. That
the draft DCP be amended in consultation with Council staff and be placed on
public exhibition as soon as practicable thereafter following the making of the
LEP amendment.
(Woods/Wanchap)
The
motion was put to the vote and declared lost.
Crs Cubis, Woods, Wanchap and Hunter voted in favour of
the motion.
Crs Ibrahim, Dey, Richardson, Cameron and
Spooner voted against the motion.
|
|
|
Procedural MotionS
|
|
16-216
|
Resolved that Cr Wanchap
be granted a two minute extension to her speech. (Woods/Richardson)
The motion was put to the vote and declared carried.
|
|
16-217
|
Resolved that Cr Cubis be granted a two minute extension to
his speech. (Richardson/Woods)
The motion was put to the vote and declared carried.
|
FORESHADOWED
MOTION
|
16-218
|
Resolved:
1. That
Council request the Minister not to proceed with the planning
proposal for Lot 101 DP1140936 in accordance with section 58(4) of the
Environmental Planning and Assessment Act 1979.
2. The
reasons for not proceeding with the planning proposal are:
a) The Ewingsdale Retirement Facility
Development Control Plan Traffic Study Report requires
significant changes to the planning proposal with regard to location
of commercial areas, site access/egress, and the necessity for
the construction of a major roundabout, in order to manage
overall traffic impacts. These issues pose significant
traffic management issues for local residents and
the general public; and
b) Due
to current budgeted expenditure Council will not have sufficient developer
contributions in the foreseeable future to build the required road
infrastructure and roundabout at this location; and
c) The
planning proposal if it proceeds without the required road infrastructure
will have significant adverse impacts on Main Road 545 (Ewingsdale Road).
d) Changes
to the location of commercial and residential precincts within the
development due to the above-mentioned traffic issues are not compatible
with the landscape constraints of the eastern portion of site; and
e) The
proponents have made significant changes to the proposal as exhibited,
including a visitor accommodation precinct and an additional commercial area.
These have not been exhibited. These changes intensify the impact of the
development well beyond the original proposal as put to Council.
f) Council
is not satisfied that the site can adequately accommodate these additional
uses; and
g) Public
submissions have been overwhelmingly opposed to the proposed development
on the grounds of traffic impacts within a highly constrained area,
and a large medium density development adjacent to a rural
residential zone; and
h) The
planning proposal has not been identified in an approved Local Growth
Management Strategy or the Far North Coast Regional Strategy or Draft North
Coast Regional Plan. (Cameron/Richardson)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Richardson, Cameron and Spooner voted
in favour of the motion.
Crs Cubis, Woods, Wanchap and Hunter voted against the
motion.
|
NOTICEs OF MOTION
|
|
Notice of Motion No. 9.3 Erect
Signage on Ewingsdale Road
File No: I2016/375
|
|
16-219
|
Resolved that Council in order to support and
encourage increased economic activity, clear access to, and promotion of the
Arts & Industry Estate:
1. Consult
with Arts & Industry Estate businesses on their current business signage
and directional signage requirements.
2. Develop
in consultation with all stakeholders whole of estate promotional signage and
design options
3. Consult
with RMS and TASAC regarding points 1 and 2 if required.
4. A
report with an action plan be brought back to Council. (Hunter/Woods)
The motion was put to the vote and declared carried.
Cr Cameron voted
against the motion.
|
Petitions
|
|
Petition No. 10.1 Non-chemical
means of weed control in Byron Shire
File No: I2016/231
|
|
16-220
|
Resolved:
1. That
the petition regarding non-chemical means of weed control in Byron Shire be
noted.
2. That
the petition be referred to the Director Infrastructure Services. (Richardson/Woods)
The motion was put to the vote and declared carried.
|
Mayoral
Minute
There was no Mayoral Minute.
Submissions
and Grants
There were no submissions or grants.
Delegates'
Reports
1. Mullumbimby Chamber of Commerce Meeting 12 April 2016
Cr Cameron advised Council:
I
attended the Mullumbimby Chamber of Commerce on 12 April and the following
items were discussed.
Mullumbimby
Masterplan
Development and associated Project Reference Group of Council meetings with
Chamber and community representatives.
Establishment
by Council of a Heritage Advisory Committee and development of a draft Byron
Shire Heritage Strategy.
Information
provided on upcoming s356 community donations process.
Shop
local campaign - The Chamber had a presentation from a local independent
filmmaker regarding preparing collateral material for a shop local campaign.
This is an important aspect of a local economic development strategy for
Mullumbimby.
The
Sculpture Walk, which is a joint project of Mullumbimby Chamber of Commerce and
Creative Mullumbimby, is to be opened on April 30 At 11 am. Further
works are to be developed in consultation with local residents. Community and
Councillors are encouraged to attend for this great community initiative.
A
photo competition under the title 'What makes Mullumbimby magical runs from 30 April until 17 July 2016.
Entries from young and old welcome to apply with cash prizes for winners.
Staff
giraffe award for members and their staff who stick their neck out to go the
extra mile goes this month to Mitch Ward from Mitre 10.
After
the success of last year's 'Biggest Little Dinner', the Chamber is planning to
run a similar expanded event on 3 September. Some concerns were
raised regarding the cost and timeframes for a Traffic Control Plan. The
chamber to work with Council's Events Officer.
A
presentation by Magical Mullumbimby Toastmasters was very informative and the
group is clearly an important resource for the local community. The group meets
regularly at the Presbyterian Church in Mullumbimby.
The
chamber is to be congratulated on the range of activities and its commitment to
supporting Mullumbimby businesses and community.
2. Rous Water Meeting 20 April 2016
Cr Dey advised Council:
The NSW Minister for Local Government visited Rous Water
prior to our Council meeting. We had hoped he would announce something in
relation to the merger of the 3 counties: Far North Coast Weeds with Richmond
County Council (flood authority) and Rous Water. The Minister opened by
saying he hadn’t done anything, hadn’t read anything and was there
to listen. It was the meeting you have when you’re not having a
meeting.
At the meeting itself, we resolved to put Rous’s draft
new Developer Service Plan on public exhibition. This DSP sets the
Section 64 contribution that developments in our Shire will pay, to connect to
the Rous water supply. When it’s on exhibition, it would be worth
our staff looking at it and making a submission or guiding us two Rous
delegates on the matter.
From now on there’ll only be one DSP. There were
two previously. They were one for users of the bulk water after it was
supplied to each Shire. The other was for direct retail customers of
Rous. That second DSP will now fall away.
Lastly we were finally successful at moving Rous a little
way down the road towards sustainability. Thank you Cr Woods for your
support. Rous will look again at putting solar generation at its water
treatment plants to offset coal-fired power consumption. We will also allocate
funds in the upcoming budget to investigate other initiatives and hopefully to
make them happen. And we agreed to draft up a Greenhouse Gas Reduction
Strategy.
I hope this will become a lever off which Rous can start to
reduce its consumption of electricity. As I’ve said previously,
Rous spends about $1million/year on coal-fired electricity and very little on
any other form. Anyway it’s a step forward, a small first
step.
3. ANZAC Day Services
Cr Hunter advised Council
I just wanted to let Councillors know I laid a wreath at the
service in Mullumbimby on Monday and another one in Bangalow and I thought they
were fantastic. They were really well done. I don’t know whether you had
the same experience in Byron but whoever organised it, whoever did it, highly
commendable, very proud of them. I particularly enjoy marching with my little
grandson in Bangalow and I put the wreath down there and it was his job to put
it down. He had to treat it with a lot of respect and so on, so anyway it was
good.
Cr Richardson advised Council
I’ll echo that, I laid the wreath at the Byron dawn
service and later on I attended the march. Yes, the dawn service was incredibly
well frequented, it blows me out really how many hundreds of people that were
there and again I echo the sentiment of support for our staff, the wreaths they
did were native flowers which were quite beautiful and as a result the RSL can
actually use them throughout the buildings as flowers rather than wreaths;
which don’t have a great deal of use other than that moment. So, I
had my little girl putting the wreath down too.
I would just add as a reminder to Councillors just how much
our attendance at these events mean to our community. There’s been quite
a few recently, we had a Rural Land Use Strategy and it was great to see Cr
Cameron there. The community do note and do appreciate when Councillors go to
events and go to openings even if we’re official delegates or we’re
just Councillors that people are aware of. They do really care that we
are at those events and organisations, so please never think that groups
particularly like the RSL and some of those others don’t really
appreciate it because they truly do. As an example, tomorrow night
there’s a great exhibition of the Red Ink Art Cooperative at the Lone
Goat Gallery. These are young artists who have got physical challenges, they
are stoked when Councillors and people like that come because it really gives
them that sense of importance and gravitas. So if you’re in Byron
tomorrow night at 6 o’clock I’m sure they would love to see you
there too.
The meeting adjourned at 12.32pm for lunch and reconvened
at 1.17pm.
Petitions (continued)
The Mayor tabled the following petitions:
|
|
Title of Petitions
|
No. of Signatures
|
|
1.
|
Byron Bay Draft Town Centre Master Plan Submission
#S2016/4474
“We support the Upgrade & Development of the
Byron Bay War Memorial Swimming Pool in its CURRENT LOCATION”
|
111
|
|
2.
|
Please retain our Main Beach car park
#S2016/4538
“We, the undersigned, are concerned citizens who
urge our leaders to act now to Retain Main Beach Car Park”
|
632
|
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.1 Public
Exhibition - Draft 2016/17 Operational Plan, including Statement of Revenue
Policy
File No: I2016/38
|
|
16-221
|
Resolved:
1. That
Council adopt for exhibition the Draft 2016/2017 Operational Plan (including
the draft Statement of Revenue Policy, comprising Budget Estimates, Rates and
Charges, Borrowings and Fees and Charges).
2. That
the Draft 2016/2017 Operational Plan (including the draft Statement of
Revenue Policy, comprising Budget Estimates, Rates and Charges, Borrowings
and Fees and Charges) be placed on public exhibition for a period of 28 Days.
3. That
Councillors hold a workshop, at the Strategic Planning Workshop 26 May 2016
on the 2016/17 draft budget before it is reported to Council at 29 June
2016 meeting as part of the Report on the Operation Plan and Revenue Policy.
4. As a part of this
workshop councillors receive a staff briefing on the following matters:
a) The
operation and management of the Cavanbah Centre:
i) The
original business plan covering the ongoing operation and management of the
facility
ii) A
financial analysis of the operational costs of running the centre since it
opened
iii) An analysis
of the projected utilisation rates compared to actual utilisation rates for
the centre since it opened
iv) Any management
plans to address the accumulated budget deficit experienced by the centre
b) Market
fees
c) operational
management of Vallances Road Sewage Treatment Plant including intended
demolition costs
d) Any
items that may be referred from the Finance Advisory Committee Meeting on 12 May
2016 (Richardson/Spooner)
The motion was put to the vote and declared carried.
|
|
|
Procedural Motion
|
|
16-222
|
Resolved that Cr Spooner be granted a two minute
extension to his speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.7 Economic
Development Strategy - Enterprising Byron 2025
File No: I2016/305
|
|
16-223
|
Resolved:
1. That
Council endorse the Byron Shire Economic Development Strategy –
Enterprising Byron 2025, for further consultation and development. This
would include a web based survey for community, announcements in the press and
further engagement with the following targeted stakeholders:
a) local
Chambers of Commerce and local Progress Associations or community groups per
location
b) a
selection of business and industry leaders
c) State
Government agencies and other regional stakeholders
d) Councillors
and the Sustainable Economy Committee
e) youth
groups and the unemployed
2. That
Council note that further consultation feedback from community and stakeholders
will be incorporated into the final Byron Shire Economic Development Strategy
– Enterprising Byron 2025 to be reported back to Council in June. (Dey/Richardson)
|
AMENDMENT
Moved:
1. That
Council endorse the Byron Shire Economic Development Strategy –
Enterprising Byron 2025, for further consultation and development. This
would include a web based survey for community members and their local
associations, announcements in the press and further engagement with the
following targeted stakeholders:
a) local
Chambers of Commerce
b) a
selection of business and industry leaders
c) State
Government agencies and other regional stakeholders
d) Councillors
and the Sustainable Economy Committee
e) youth
groups and the unemployed
2. That
Council note that further consultation feedback from community and stakeholders
will be incorporated into the final Byron Shire Economic Development Strategy
– Enterprising Byron 2025 to be reported back to Council in June. (Cubis/Woods)
The amendment was put to the vote and declared lost.
Crs Dey, Richardson, Cameron, Wanchap and Spooner voted
against the amendment.
The motion was put to the vote and declared carried.
Cr Cubis voted against
the motion.
|
|
Procedural
Motion
|
|
16-224
|
Resolved that Item
9.2 be lifted from the table. (Richardson/Dey)
The motion was put to the vote and declared carried.
|
notice
of motion
|
|
Notice of Motion No. 9.2 Community
Markets on Roadways
File No: I2016/374
continued
|
|
|
Cr Spooner left the meeting at 2.15pm in accordance
with his earlier declared non-pecuniary interest in this matter.
|
|
16-225
|
Resolved that Council:
1. waive
any Development Application and Road Event fees for the remaining two Peddle
& Hawk trial markets due to:
a) its commitment to
its Community Strategic Plan - Community Outcomes EC1 (a diverse
economic base and support for local businesses) and EC3 (the development
of a diverse range of arts and creative industries);
b) the benefits for
promoting the Arts and Industry Estate as a shopping destination for
visitors; and
c) the
current inequity with other markets that do not pay these fees.
2. waive
Development Application and Road Event fees for the new application/s
required after the three event trial (March 2016 plus two more) subject to
those applications presenting the same matters as were assessed in the
Development Application and Road Event applications approved for
the three event trial.
3. waive Occupation Certificate
fees relating to Peddle & Hawk market and instead charge applicable
registration and inspection fees for commercial events in Council’s
Fees and Charges to cover council costs, for a period of up to two years.
4. make
up any financial shortfall from Council’s Economic Development budget.
5. note,
in relation to the approved monthly Peddle & Hawk markets in Acacia
Street Byron A&I Estate, that the proponents are actively addressing all
matters required as conditions of the development consent including
requirements for an occupation certificate (for example, at each market, a
licensed electrician will install and sign off on compliance of all electrics
to AS3002 and a fire safety certifier known to council will be install and sign
off on the market and all stalls meeting fire safety standards).
6. investigate reducing its fees associated with community-based
projects that involve road closures, such as for the monthly Peddle and Hawk
Acacia Street Market in the Arts & Industry Estate of Byron Bay. (Dey/Richardson)
The motion was put to the vote and declared carried.
Crs Woods and
Hunter voted against the motion.
Cr Spooner was not present for the vote.
Cr Spooner returned to the meeting at 2.46pm.
|
Staff
Reports - Infrastructure Services
|
|
Report No. 13.10 Adoption
of Draft North Byron Flood Study
File No: I2016/264
|
|
16-226
|
Resolved that Council
defer adoption of the North Byron Flood Study until a workshop is held for
Councillors. Matters to be discussed include:
1. Comparison between previous flood mapping and new mapping
2. Comparison between new mapping and actual 5, 10 and 20 year flood
events
3. Consequences of new mapping on planning assessments and approvals
4. Consequences of new mapping on potential and approved residential
subdivisions
5. Consequences of new mapping on the insurability of affected
properties
6. Other questions raised by Councillors and public prior to the
workshop (Ibrahim/Woods)
|
AMENDMENT
Moved: That
Council adopt the Draft North Byron Flood Study (Council document numbers
E2016/21992 and E2016/21942) and staff proceed to complete all actions detailed
within the conclusion as funding and staffing levels permit. (Dey/Richardson)
|
|
Procedural
Motion
|
|
16-227
|
Resolved that Cr Ibrahim be granted a two minute extension
to his speech. (Woods/Richardson)
The motion was put to the vote and declared carried.
|
The amendment (Dey/Richardson) 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, Richardson, Cameron and Spooner voted against
the motion.
Reports
of Committees - Infrastructure Services
|
|
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 6 April 2016
File No: I2016/386
|
|
16-228
|
Resolved that Council adopt the following Committee and
Management Recommendation:
Report No. 6.13 Proposed Electric Vehicle charging
stations and dedicated parking sites, Byron Bay
File No: I2016/294
1. That
Council notes that currently no regulatory signage exists for dedicating
parking for an electric vehicle.
2. That
Council write to a)the Premier, Mike Baird; b) the Minister for Roads,
Maritime and Freight, Duncan Gay; c) the Minister for Transport and
Infrastructure, Andrew Constance; d) the Secretary of Transport NSW Tim
Reardon; and e) the Chief Executive of RMS, Peter Duncan asking them to
expedite creation of regulatory signage along the lines of "No Parking -
electrically powered vehicles excepted whilst charging" and explaining
to them that Council is currently investigating with Essential Energy on-road
sites to best facilitate EV charging at locations in Byron Bay including at
Main Beach, the Library and Railway Park. (Dey/Hunter)
The
motion was put to the vote and declared carried.
|
Questions
With Notice
|
|
Question With Notice No. 15.1 Herbicide
Use - Remainder of Answers to QWN
File No: I2016/312
|
|
|
Cr Dey
asked the following question, part of which was answered at the Ordinary
Meeting held 7 April 2016:
1. What
is the format in which Council records the volumes of herbicides it uses
within the Shire?
2. Is
such data broken down into types or brands of herbicide?
3. Does
the data include the sectors of Council using the herbicide or the
geographical areas of application?
4. Can
Council please supply annual data or for another time period for the most
recent 5 years of record?
5. What
other public authorities or agencies use herbicides within the Shire (eg RMS,
railways, NPWS)?
6. Do
those authorities publish their annual usage and is that information
available on a Shire area basis?
Response Director Infrastructure
Services:
Due to the timeframe required to complete answers to
the Question with Notice, staff were not available to finalise a response to
all the questions in time for the collation of the meeting agenda of 7 April
2016, so undertook to supply the remaining answers at the Ordinary Meeting
scheduled for 28 April 2016.
The answers to questions 1, 2, and 3 may be viewed at http://www.byron.nsw.gov.au/meetings
The remaining answers follow.
4. Register
attached – may not be an exhaustive list, as other parts of Council may
have undertaken herbicide application, for example building assets.
5. Staff
have reviewed Government Agencies that have assets within our Shire that are
likely to have used or use herbicides within the Shire. Agencies
include:
· Essential Energy (Electricity
Distribution network)
· TransGrid
(High Voltage Transmission assets)
· Rous
Water
· Rural Fire Service, NSW
· Roads and Maritime Services
· National Parks and Wildlife Service
· Far
North Coast Weeds
· Department
of Transport (Rail Corp)
· Department of Education
· State Emergency Service NSW
· Fire & Rescue NSW
· Ambulance Service of NSW
· Telecommunications Authority
· Police Force, NSW
· NSW Public Works
· Aboriginal Land Council, NSW
· North
Coast Holiday Parks
· Crown
Lands
6. The
Pesticides Regulation 2009
makes it compulsory for all people who use pesticides for commercial or
occupational purposes to make a record of their pesticide use. This
includes farmers, market gardeners, parkland and greenkeepers, nursery
operators, pest control operators, ground rig operators, landlords, landscape
gardeners, local councils and government agencies, and other people who use
pesticides as part of their job.
Attached
is a fact sheet of public authority notification requirements. The
regulation only goes so far as to regulate record keeping in accordance with
the attached fact sheet, there is no current obligation to publish annual
usage. Staff have not identified published government agency annual
usage data.
|
|
|
Question With Notice No. 15.2 O'Mearas
Bridge, Binna Burra / Federal
File No: I2016/319
|
|
|
At
Council’s Ordinary Meeting held on 25 February 2016, Cr Cubis
asked the following question which was taken on notice:
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:
Who is responsible?
· How
was the bridge allowed to reach this state?
O’Meara’s Bridge has reached the end of its
unimpeded service life.
Previous councils over a number of years had
progressively reduced expenditure on renewal and maintenance of
infrastructure. Over the past 3 years this council has reversed this trend
and significantly increased expenditure on infrastructure.
Previous maintenance has extended the life of the
bridge but many of the major timber components can no longer be maintained.
Council has recognised that there has been an absence
of dedicated Asset Management Planning linked to a Long Term Financial Plan
and has now developed a Financial Sustainability Plan (FSP) for the Shire
where one of the purposes of the plan is to address the significant
infrastructure backlog across the shire through improved financial and
infrastructure planning.
Based on this work Council has submitted a Council
Improvement Plan (CIP) to the NSW State Government and have now been declared
Fit For the Future. This is an indication of the positive turnaround in
the last 3 years of Council’s financial status which includes a
significant plan to address asset management and the backlog over the next 10
years.
· As
rate payers we expect the Council will maintain these assets. Who is
responsible and accountable for this? Where does the buck stop?
Byron Shire Council is responsible for the management
of O’Mearas Bridge.
· We
don’t believe the current infrastructure asset management and process
is adequate.
Council is now using the International Infrastructure
Management Manual to guide its approach to asset management and has conducted
inspections of the bridge network with a view to prioritizing renewal and
maintenance works.
· Where
is the sinking fund? The proactive forward planning?
With the development of the FSP Council has:-
· grown
recurrent revenue;
· developed
operating efficiencies;
· introduced
more cost efficient procurement;
· rationalised
the property port folio;
· developed
partnerships; and
· increased
asset maintenance expenditure.
For example Council was able to provide $500,000 in
2015/16 to the Bridge Reserve to be dedicated to bridge renewals.
· 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?
Under Council’s Asset Management Plan, Council is
increasing inspections of assets, prioritising works and reviewing methods of
the way we look after all assets across the shire.
Council has established a reserve to fund bridge
replacements and is deploying an innovative approach to replace this bridge
using surplus Australia Defence Force (ADF) steel bridges. Council as part of
its 2015/16 budget has recently purchased 2 ADF bridges to use for bridge
replacements.
It is expected this approach will be significantly more
cost effective than the equivalent concrete bridge replacement.
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.
Correct, Council will continue to apply for funding
where appropriate and lobby both State and Federal Governments for additional
funding. Grant funding is subject to meeting required criteria and
funding available is limited. Council has also recently employed a Grants
Officer to enable Council to focus on preparing more successful grant
applications.
· Does
the Council even need Federal Funding – can’t Council commit to
paying for the bridge itself?
Council has a significant infrastructure backlog and
additional funding from all levels of government is of great value to the
community as more works can be undertaken earlier. Council as part of
its FSP has identified that grant funding is an important component of
assisting the Council in meeting its objectives. The need for on-going grant
funding reflects similar needs by councils across Australia.
· Is
the remediation work to be included in the 2016 -17 budget? If not why not?
On 7 April Council resolved to allocate one of two ADF
steel bridges to be used in this location.
Work has commenced on the detailed investigations
required to successfully implement the bridge replacement.
Subject to the outcome of the investigations, it is
expected that detailed design, environmental assessment and project approval
will be completed in 2016/17. Funding has been allocated in the draft
2016/17 capital works budget and associated forward estimates to complete the
replacement of O’Meara’s Bridge.
The budget will be subject to community consultation in
May 2016 and is expected to be adopted in late June 2016.
· Has
consideration been given for Council to borrow the whole cost of the Bridge
to complete the works?
Council already has a significant loan portfolio and
the current plan is to utilise existing general funds or grant funds for the
project. Council cannot finance additional debt at this time.
· Is
the Council able to commit to a timetable for the remediation work to be
completed?
It is expected that the
investigations, detailed design, environmental assessment and project
approval will be completed in 2016/17 and construction completed in 2017/18 subject
to budget confirmation. Council has already purchased an ADF bridge for the
purpose.
· 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.
During the implementation of this project, the
community will be kept informed of progress and engaged on any relevant
issues. Council is committed to active engagement with the local community
and would consider establishing a Project Reference Group including local
community representatives to monitor and contribute to progressing this
project.
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Question With Notice No. 15.3 Consent
Conditions for Byron Sewage Treatment Plant (STP)
File No: I2016/372
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Cr Dey
asks the following question:
Condition 9(iii) appears to
have been imposed on the operation of the STP by Council's Resolution 02-1329
of 9 December 2002 (with Cr Dey voting against):
9. Additional
load at West Byron STP will not be accepted until:
(i) the
transfer of 100% of the sewage flows from South Byron catchment;
(ii) West
Byron STP satisfactorily meeting all applicable performance requirements as
specified in the plant’s Environment Protection Licence and in this
approval;
(iii) availability
of sufficient reuse capacity to accommodate 100% of the volume of treated effluent
generated by the additional load; and
(iv) availability
of treatment capacity as defined in Approval Condition 6 above.
Was this Condition enforced
when approvals were sought and granted for such developments as the rezoning
at West Byron and the new Hospital on Ewingsdale Road?
If it is not, then should it
have been?
I ask because this relates to
the growth in Dry Weather Flows from the STP (ie discharge from the outlet of
the wetland system). When the STP upgrade was approved by Council and
the State, most STP effluent was to have been re-used. This is a great
principle but only minor uptake of the offer of effluent for re-use has
occurred. Re-use quantities may have in fact have gone backwards.
Response Director Infrastructure
Services:
Council resolved to lift the sewage moratorium at its
meeting held on the 11 April 2006 with resolution 06-159 in consideration of
NOM 3.1.
06-159 Resolved:
1. That
Council lift the moratorium in accordance with the recommendation from the
Byron Bay Wastewater Steering Committee Meeting of 27 March “That the
Committee endorses the recommendation of the Director Water and Recycling
Management Services that when there is three months of continuous compliant
data and the new Department of Environment and Conservation licence is in
place, this will be reported to Council recommending the lifting of the sewer
moratorium.”
2. That
Council inform the public by separate major advertisement in all local
papers, by display on the council website and at the front desk of Council
and further, that Council write to various interested State Government
departments to inform them of this decision forthwith. (Staples/Lazarus)
The 3 months of continuous compliant data was reported
to the Council meeting on the 27/6/2006 and the moratorium was subsequently
lifted with resolution 06-420.
06-420 Resolved
that the West Byron STP has capacity to receive additional load.
(Staples/Tucker)
Council’s Utilities section is currently
preparing designs and specifications to extend the reuse scheme to include
Main Beach, Byron Bay including the connection to toilet facilities and
options to connect to private premises. These works are planned to
commence in May 2016.
Response from Acting Director Sustainable
Environment and Economy:
The Hospital site was approved under the SEPP
Infrastructure by the State Government and this condition was not considered
by the Department of Planning. The Department did consider that there
was adequate capacity at the STP to cater for the demand generated by the
Hospital. .
The West Byron rezoning was also determined by the
Department of Planning and the Department did consider that there was
adequate capacity at the STP.
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Question With Notice No. 15.4 Temporary
Toilets at Main Beach, Byron Bay
File No: I2016/373
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Cr Dey
asks the following question:
When will the very temporary blue toilets on the ocean
side of the temporary stainless steel toilets in the park west of the surf
club at Main Beach Byron Bay be removed? Council and the public were
told these toilets would remain only for the summer season. They have
now been there through Easter.
Response Director Infrastructure
Services:
The temporary blue toilets will be removed after the
current school holidays and Anzac day long weekend.
From a customer service viewpoint, the second block of
toilets is required during the peak loading periods of Easter and school
holidays.
There was a 6 week period after the summer holiday
period before Easter when the temporary block could have been removed however
the cost of removal and re-establishment meant is was cost effective to leave
the temporary block in place for the period.
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Procedural Motion
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16-229
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Resolved that the matter
of Exeloos at main Beach park be discussed as a matter of urgency, the
urgency being that staff are ready to install a new block of toilets on
Monday 2 May 2016.
(Dey/Richardson)
The Mayor ruled the matter to be of urgency.
The motion was put to the vote and declared carried.
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URGENCY MOTION
1. Exeloos at Main Beach Park
Moved:
1. That work cease
immediately on placing toilets seaward of the existing 3-cubicle Exeloo in the
park at Main Beach.
2. That site options for
any new loos be reported to Council for its consideration, such sites being not
seaward of the existing Exeloos. (Dey/Richardson)
The motion was put to the vote and declared lost.
Crs Ibrahim, Cubis,
Woods, Richardson, Cameron, Wanchap, Spooner and Hunter voted against
the motion.
There being no further business the meeting concluded at 3.45pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 19 May 2016.
….…………………………
Mayor Simon Richardson
