Minutes
Ordinary Meeting
Thursday, 19 May 2016
Minutes
Ordinary Meeting
Thursday, 19 May 2016
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
19 May 2016
The following items are listed in the order in which they were dealt with.
Report No. 13.3 Council Investments April 2016
Report No. 13.4 Budget Review - 1 January 2016 to 31 March 2016
Report No. 13.8 Report of the Planning Review Committee Meeting held on 21 April 2016
Report No. 14.3 Report of the Belongil Catchment Advisory Committee Meeting held on 18 April 2016
Notice of Motion No. 9.2 PRG Press Release
Mayoral Minute No. 17.3 Councillor Attendance to ALGA National Assembly, 2016
Notice of Motion No. 9.1 Small Business Friendly Councils
Report No. 13.1 Review of Council Committees
Report No. 13.2 Section 356 Donations delivery process
Report No. 13.5 Councillor resignation from Committees
Report No. 13.6 Local Government NSW - Member Services
Report No. 13.7 PLANNING - 26.2015.6.1 Planning Proposal Amendment to Byron LEP 1988 - West Byron
Report No. 14.1 Report of the Sustainable Economy Committee Meeting held on 3 March 2016
Question With Notice No. 15.1 Public Access Recording at Council Meetings
Urgency No. 1 Brunswick Heads Marina Masterplan
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 19 May 2016
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 19 May 2016 COMMENCING AT 4.07PM AND CONCLUDING AT 9.05PM
I2016/485
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Cubis, 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)
Lisa Brennan (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Welcome to Council
Leah Kapral and Helen Graveson welcomed the meeting and conducted a presentation on the Ocean Shores Community Centre.
9.2 PRG Press Release
Mary Gardner addressed Council in favour of the recommendation.
17.1 Public Exhibition of Draft Coastal Zone Management Plan Byron Bay Embayment
Donald Maughan addressed Council in favour of the recommendation.
Submission No. 1 Ocean Shores Community Centre – New Front Entrance and Meeting Room Extension
Helen Graveson and Leah Kapral made a submission to Council regarding a new front entrance and meeting room extension.
There were no apologies.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a pecuniary interest in Report 13.2. The nature of the interest being that his employer, the Byron Bay Community Association is requesting financial support from Council for the provisions of showers for the homeless. Cr Spooner will leave the Chamber during debate and not take part in the voting.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
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Resolved that the minutes of the Ordinary Meeting held on 28 April 2016 be confirmed. The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
Corporate and Community Services
Report No. 13.1 Review of Council Committees
Report No. 13.2 Section 356 Donations delivery process
Report No. 13.5 Councillor resignation from Committees
Report No. 13.6 Local Government NSW - Member Services
Sustainable Environment and Economy
Report No. 13.7 PLANNING - 26.2015.6.1 Planning Proposal Amendment to Byron LEP 1988 - West Byron
Infrastructure Services
Report No. 13.9 Council Road Reserve Closure and potential sale adjoining PN94840 Lot 21 DP 596124, 365 Booyong Road Nashua
Report of Committee
Sustainable Environment and Economy
Report No. 14.1 Report of the Sustainable Economy Committee Meeting held on 3 March 2016
Late Reports
Report No. 17.1 Public Exhibition of Draft Coastal Zone Management Plan Byron Bay Embayment
Report No. 17.2 Local Government and Shires Association of NSW - Election of Board of Directors
Report No. 17.3 Councillor Attendance to ALGA National Assembly, 2016
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Woods and seconded by Cr Richardson. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 16-238 and concluding with Resolution No. 16-249.
Staff Reports - Corporate and Community Services
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Report No. 13.3 Council Investments April 2016 File No: I2016/409
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Resolved that the report listing Council’s investments and overall cash position as at 30 April 2016 be noted. (Woods/Richardson) |
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Report No. 13.4 Budget Review - 1 January 2016 to 31 March 2016 File No: I2016/447
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1. That Council authorise the itemised budget variations as shown in Attachment 2 (#E2016/28781) which includes the following results in the 31 March 2016 Quarterly Review of the 2015/2016 Budget:
a) General Fund - $0 adjustment in the accumulated surplus/working funds b) General Fund - $4,184,500 increase in reserves c) Water Fund - $2,116,000 increase in reserves d) Sewerage Fund - $4,794,100 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 March 2016. (Woods/Richardson)
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Staff Report - Sustainable Environment and Economy
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Report No. 13.8 Report of the Planning Review Committee Meeting held on 21 April 2016 File No: I2016/396
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Resolved that the report be noted. (Woods/Richardson) |
Report of Committee - Sustainable Environment and Economy
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Report No. 14.2 Report of the Biodiversity and Sustainability Advisory Committee Meeting held on 21 April 2016 File No: I2016/405
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Resolved that Council note the minutes of the Biodiversity and Sustainability Advisory Committee Meeting held on 21 April 2016. (Woods/Richardson) |
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1. That Council does not adopt Committee Recommendation under Business Arising from Previous Minutes as shown in the attachment to this report, but instead adopts the Management Recommendation as follows:
Management Recommendation
That Council consider the Biodiversity and Sustainability Advisory Committees Recommendation under Business Arising From Previous Minutes, outlined in this report, as part of the 2016/17 budget process. (Woods/Richardson)
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Report of Committee – infrastructure services
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Report No. 14.3 Report of the Belongil Catchment Advisory Committee Meeting held on 18 April 2016 File No: I2016/408
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Resolved that Council note the minutes of the Belongil Catchment Advisory Committee Meeting held on 18 April 2016. (Woods/Richardson) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 5.1 Belongil Creek Fate of the Effluent Alternative Flowpath Project Rev 2 File No: I2016/367
Committee Recommendation 5.1.1 That Council adopt the project brief as attached with amendments as attached in the submission from Cr Dey. (Woods/Richardson) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 5.2 Belongil Catchment Management Plan Review of Actions File No: I2016/369
Committee Recommendation 5.2.1 That this report is brought back to next Committee meeting. (Woods/Richardson) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 5.3 Legal Advice on Drainage Union File No: I2016/370
Committee Recommendation 5.3.1 That Council write to all land owners in the catchment that drains to the Belongil Swamp Drainage Union gazetted area informing them of:
the existence and purpose of the Board the importance of an effective drainage system our commitment to help facilitate re establishing the drainage board an upcoming a public meeting with a date (June 2016) to which all landowners will be invited. (Woods/Richardson)
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Confidential Reports - Infrastructure Services
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Report No. 16.1 Confidential - Evaluation of Paid Parking and Beach Locker Cash Collection Tenders 2016-0001 File No: I2016/398
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1. That all tenders received for the Pay Parking and Beach Locker Cash Collection RFT be declined.
2. That the General Manager be delegated to conduct negotiations on behalf of Council as set out in the Assessment Panel Recommendation Report.
3. That the reason for declining to invite fresh tenders is that Council should be able to reach a satisfactory outcome through negotiating the minor outstanding issues without the additional time and cost a new tender process would entail and it is doubtful that inviting fresh tenders would result in a more beneficial outcome for Council.
4. That the reason for determining to enter into negotiations with the proponents as set out in the Assessment Panel Recommendation Report is that both organisations have demonstrated their capability in providing the required services and negotiating with these parties should result in a satisfactory outcome for Council.
5. That the outcome of the negotiations be reported to Council. (Woods/Richardson)
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Report No. 16.2 Confidential - Tender for the Construction of a concrete roundabout at the intersection of Lawson Street / Massinger St / Lighthouse Rd, Byron Bay File No: I2016/406
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1. That Council accept the tender for the construction of a concrete roundabout at the intersection of Lawson St / Lighthouse Rd / Massinger St, Byron Bay from Civil Logic P/L in the amount of $776,610.26 excl GST as per their tender and the contract documentation.
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. (Woods/Richardson)
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Procedural Motion |
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Resolved that Council change the order of business to deal with Notice of Motion 9.2 and Report 17.1 next on the Agenda. (Woods/Richardson) The motion was put to the vote and declared carried. |
Notice of Motion
NOTICe of RESCISSION Motion (LATE REPORTS)
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Notice of Rescission Motion No. 17.1 Public Exhibition of Draft Coastal Zone Management Plan Byron Bay Embayment File No: I2016/488
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Moved: That Council rescind Resolution No. 16-233 from its Extraordinary meeting held on 12 May 2016 which reads as follows:
16-233 Resolved that Council endorse the draft Coastal Zone Management Plan Byron Bay Embayment, at Attachments 1 to 5, for public exhibition and proceed with the public exhibition for a period of not less than 21 days, from 14 May 2016 to 6 June 2016, in accordance with section 55E of the Coastal Protection Act 1979, as per the Exhibition Activities detailed within the report. Prior to exhibition amend Table 1 in reference to the PRG feedback provided to staff, the date to be amended from 10 June to 11 June. Two days to be listed in the Details column. (Dey/Richardson)
The motion was put to the vote and declared lost. Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the motion.
PROCEDURAL MOTION
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Resolved that Cr Dey be granted a two minute extension to his speech. (Richardson/Woods) The motion was put to the vote and declared carried. |
Mayoral MinuteS (LATE REPORTS)
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Mayoral Minute No. 17.2 Local Government and Shires Association of NSW - Election of Board of Directors File No: I2016/513
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Resolved that Council authorise Cr Richardson, Cr Hunter and Cr Cubis as the voting delegates for the election via secret postal vote of the Board of Directors for the Local Government and Shires Association of NSW. (Richardson) The motion was put to the vote and declared carried. |
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Notice of Motion No. 9.1 Small Business Friendly Councils File No: I2016/410
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Resolved that Council join the Small Business Friendly Councils program. (Cubis/Woods) |
AMENDMENT
Moved: That Council join the Small Business Friendly Councils program once the Shire’s Economic Development Strategy (Enterprising Byron 2025) has been endorsed and once its key flagship project (Byron Business Retention Expansion Survey) has been undertaken. (Dey/Richardson)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Cubis, Wanchap, Woods and Hunter voted against the amendment.
The motion was put to the vote and declared carried.
Crs Cameron, Richardson, Dey and Spooner voted against the motion.
There were no petitions.
Bangalow Weir
The General Manager advised that an announcement regarding an grant application for the Bangalow Weir should be received shortly.
12.1 Richmond Tweed Regional Library Committee meeting of 13 May 2016
Cr Dey advised Council:
That the RTRL Committee adopted its draft budget for exhibition. An earlier draft had Byron Council’s contribution increasing by 9% from the current year. As one of four constituent Councils, we were pleased that this has been trimmed to a 1.8% increase. It was quite an exercise for RTRL staff to trim that much from the budget.
Lismore City Council is contributing more than is required by the budget. They’re allocating $31,000 as an ex-gratia payment - this is to be praised.
There’s a deficit within the RTRL budget. We’re digging into reserves but in the end libraries will wind up with far less physical resources and be relied on more for services. There will be fewer actual books.
There was a staff meeting after the RTRL meeting, to talk about drawing up new Service Level Agreements between the four Shire’s and the central body. Everybody appears in favour of that happening so the relationship between this Council and the regional library may change over the next year or two. In the meantime, we’re satisfied that the library is running “lean and efficient”. The Key Performance Indicators that get looked at for RTRL stack up quite well.
The replacement of the mobile library at about a half million dollar is coming up. It’s been suggested that this expenditure should wait until the new SLA’s are drawn up. This also gives an opportunity to look at new ways of doing mobile library that may not involve buying a $500k vehicle.
The meeting on Friday had difficulty finding a quorum (half plus one Council representatives). We only had half the number of delegates (Ballina the host Council had none). Staff were able to find one of Ballina’s reps so we were finally able to transact the meeting’s business.
12.2 Rous Water meeting of 18 May 2016
Cr Dey advised Council:
That Rous Water resolved to put its operational plan which includes its budget for next year on exhibition and deeply encouraged Council staff to have a look at it, make comments and make a submission. Rous doesn’t often get submissions on documents it exhibits, so it’s a bit of a free entity. It would benefit from more external scrutiny.
Like RTRL, Rous was able to keep the rise in our contribution down to 1.8% on our request. The Future Water Strategy requires increases in Rous’ charges starting in 2017 or 2018 and for five consecutive years. That is something this constituent Council should consider.
The second item of interest was the monthly report on water consumption. The data revealed that Byron Shire suffered leakage here in Ocean Shores in April. About 25 megalitres of water was lost from the Rous system. The breakages were difficult to locate, one being under a waterway. We’ve put quite a lot of Wilson’s Creek water into our Brunswick Valley through leakage but the good news is that it’s now been repaired.
Lastly, the latest rating of the health of waterways up and down the NSW coast left Wilson’s Creek at the bottom of the pile. It got an F rating (it’s A to F like a school system). Rous has in the past spent significant funds on riparian projects on the Wilson’s Creek upstream of Lismore. That funding is being reduced in the draft budget but there’s a bigger issue for Rous - it extracts water from Wilson’s Creek at that location (Howards Grass). The timing of that water extraction is during drier seasons. I think it’s not sustainable to take water from a river when it’s stressed by dry weather. I’m in the minority there - I’m sure there will have been an EIS before the licence was issued. But on a health rating, Wilsons Creek is the least healthy of all NSW coastal waterways.
Cr Woods: I’d just like to add something to that Rous water thing and Cr Dey is correct in that the budget for the works for the riparian zones has been reduced. The budget for the catchment management was reduced and the reason for that was the last four years they’ve been about spending about half of what the budget was, so it is important that the works be done on the areas and lands around the river to make it cleaner. My take on it was show me that you can spend the money first before we increase the budget and then come to us and say, ‘hey we’ve done it all and we need a bit more budget’. I don’t know what’s going on over there but they definitely weren’t spending the money that they had allocated for the last 4 years.
General Manager: Council recently wrote to Rous Water to ask whether they would look at their provision of retail water supply across their four constituent Council areas. They are primarily a bulk water supply authority and by them becoming involved progressively over the years and the direct provision of water retail level has caused a lot of duplication, additional cost and confusion for the constituent Councils so I’m just wondering if that’s actually been brought forward.
Cr Woods: It was mentioned yesterday, the General Manager mentioned it to both Cr Dey and myself and I asked the question about if we were to remove the responsibility from Rous and take it on board ourselves, what was going to be the outcome in terms of financial and we didn’t get an answer to that so I intend to write to the GM and just ask what is the financial outcome or liability or cost to Rous. The only thing that he did say to me was I might need a reduction in staff or, I don’t know why you’d need a reduction but he did mention it and he did sounds concerned about it but I don’t understand the implications at this point in time.
Cr Dey: As Cr Woods says, the General Manager of Rous spoke to us privately. He agreed that the issue would be looked at. Cr Woods and I will email him and ask when that will be reported to Rous Council. Thank you for sending the letter - I support the initiative.
12.3 Coastal Councils Conference Rockingham May 2016
Cr Cubis advised Council:
I haven’t got the full report because they haven’t sent us the notes from the Coastal Council from Rockingham but it was a good conference, so a long way there and I did want to share one thing but I didn’t want to put my finger in the sore or anything but Tweed did get one of the four awards. There was one award for Eurobodalla - Shannon’s old Council - but the one Tweed got was not for building the rock wall, but for their embayment at Kingscliff but their community consultation occurred in record time, so I just thought I’d share that but we’ve got notes coming with CSIRO predictions for sea level rises and other things and hopefully I’ll be sharing that with you as soon as I get that.
12.4 Far North Coast Weeds
Cr Cameron advised Council:
Likewise with Rous, the operational plan and budget is now on exhibition. Anyone who has a quick look at that will hopefully be quite impressed with what a tight ship the organisation runs to look after the noxious weed issues across such a wide area.
The real issue for the Council is really about the future of that great effort. It’s been raised on a number of occasions, concern about the proposed structure for a County Council which we are all waiting to hear about - the merger of the three County Councils.
It is a concern when you look at how weed services are incorporated into the proposed structure that it seems to be diminished and it doesn’t seem to have a direct managerial level, it seems to have been lumped in with others.
We hope that this concern has been heard. Our chair Cr Robin Hawdon from Ballina was recently able to meet with management and the Minister and, by all reports, was able to put the point of view that that function needs to maintain its strengths in the new structure.
We all hope for the best there and we hope all Councillors and staff, etc. will do all that they can to ensure the strength of that structure in the future.
12.5 Mullumbimby Chamber of Commerce
Cr Cameron advised Council:
Very brief one on the Mullum Chamber which is really just an update from my last report and it kind of links in with what Leah was saying earlier, something about the quilters who use this hall.
Those quilters as Leah said, are undertaking a major project to produce quilts for the new mental health area in Byron hospital but their intention is an ongoing one to ensure that each patient who gets into a chair in one of those treatment centres, will actually have their own quilt so it is an ongoing thing.
It’s going to require ongoing funds and that groups are going to need to keep fundraising and what I want to let you know today is to mark in your calendar 25 June at the Anglican Hall in Mullumbimby because this group and the other groups who do these quilts across the Shire are planning an exhibition and while it’ll be fantastic to see and expose the great work that they do. It really is about fundraising so that they can get the materials to keep this going, so I hope that you can all support that. Thank you
Staff Reports - Corporate and Community Services
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Report No. 13.1 Review of Council Committees File No: I2016/13
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Moved:
1. That Council receive and note this report on Council's Committees.
2. That the following points replace the first and last bullet points respectively on the list endorsed by Executive Team:
* Committee meetings to be held at least quarterly; and * Review scope and number of Committees (Dey/Richardson)
AMENDMENT
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Resolved that Council receive and note this report. (Woods/Cubis)
The amendment was put to the vote and declared carried. Crs Dey, Richardson and Cameron voted against the amendment.
The amendment upon becoming the substantive motion was again put to the vote and declared carried. |
The meeting adjourned at 6.26pm for a dinner break and to hold the Byron Shire Reserve Trust Meeting, and reconvened at 7.08pm. Resolution Nos. 16-257 and 16-258 were used at the Byron Shire Reserve Trust Committee Meeting.
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Report No. 13.2 Section 356 Donations delivery process File No: I2016/300
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Cr Spooner left the meeting at 7.09pm in accordance with his earlier declared non-pecuniary interest in this matter.
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1. That the following Section 356 donations be made:
a) $10,000 Bangalow Lions Club – assist in the establishment of a Men’s Shed in Bangalow
b) $14,360 Byron
Community Centre – proposal for community showers at the Old Girl Guide
Hall, Byron Bay as detailed in submission E2016/26829 c) $10,000 Shara Community Gardens – assist with wheelchair accessible toilet building materials at the Shara Community Gardens.
2. That Council advertise the donations to be made in accordance with Section 356 of the Local Government Act. (Ibrahim/Richardson)
The motion was put to the vote and declared carried. Cr Wanchap voted against the motion.
Cr Spooner returned to the meeting at 7.21pm. |
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Report No. 13.5 Councillor resignation from Committees File No: I2016/451
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1. That the resignation from Cr Woods be noted and made effective from 20 June 2016.
2. That she be officially thanked for her time and work as Council’s representative on the Committees detailed in the report.
3. That Council appoint alternate delegate Cr Basil Cameron as Councillor on the Brunswick Heads Memorial Hall Section 355 Committee, with no alternate delegate.
4. That Council appoint alternate delegate Cr Duncan Dey as Councillor on the Brunswick Valley Community Centre Section 355 Committee, with no alternate delegate.
5. That Council appoint Cr Duncan Dey as alternate Councillor on the Ocean Shores Community Centre Section 355 Committee.
6. That the Regional Committees being:
* North Byron Parklands Regulatory Working Group * Chamber of Commerce – Brunswick Heads * Ocean Shores Tidy Towns Committee
be notified of Cr Woods resignation and asked if they require an alternate delegate to be appointed prior to the end of the current Council term in September 2016.
7. That Crown Lands and the Mullumbimby Showground Trust be notified of Cr Woods resignation and that Crown Lands asked if they require Cr Duncan Dey to take on the ex-officio role until the end of the current Council term in September 2016 (note: he is already a community member of the Trust and has been since 2014). (Dey/Cubis)
The motion was put to the vote and declared carried. |
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Report No. 13.6 Local Government NSW - Member Services File No: I2016/452
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Resolved that consideration of Council’s continuing membership of Local Government NSW be deferred until the Ordinary Meeting on 9 June 2016. (Richardson/Woods) The motion was put to the vote and declared carried. |
Staff Report - Sustainable Environment and Economy
Staff Report - Infrastructure Services
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Report No. 13.9 Council Road Reserve Closure and potential sale adjoining PN94840 Lot 21 DP 596124, 365 Booyong Road Nashua File No: I2016/404
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Resolved that Council suspend the current road closure process with a view to extending the road closure to cover the road in front of Lot 21 DP 596124 and the neighbouring property to the south. (Dey/Richardson) The motion was put to the vote and declared carried. |
Report of Committee - Sustainable Environment and Economy
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Urgency No. 1 Brunswick Heads Marina Masterplan
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Resolved that the matter of the draft Masterplan of the Brunswick Heads Marina be considered as a matter of urgency due to the impending letter being sent by the Brunswick Heads Progress Association to the Minister. (Richardson/Hunter) The motion was put to the vote and declared carried. Crs Ibrahim, Cubis and Woods voted against the motion. |
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Resolved that Council write to the Hon. Niall Blair, MLC Minister for Primary Industries, and Minister for Lands and Water, supporting the Brunswick Heads Progress Association, in particular its: 1. Request for additional community consultation on the draft Masterplan of the Brunswick Heads Marina.
2. Invitation to Minister Blair to visit the Brunswick Heads Boat Harbour site and discuss its future with community representatives and key stakeholders.
3. Request to be granted a priority opportunity to consult with DPI-Lands directly on options for upgrading the Brunswick Heads Boat Harbour. (Richardson/Spooner)
The motion was put to the vote and declared carried. Crs Cubis, Woods and Wanchap voted against the motion. |
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Procedural Motion
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That Cr Woods be granted a two minute extension to her speech. (Richardson/Cubis)
The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 9.05pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 9 June 2016.
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Mayor Simon Richardson