Attachments of Ordinary Meeting

Phase 4: Amended Integrated Planning & Reporting Documents Public Exhibition

Background

At its Ordinary Meeting on 15 December 2016, Council considered a report which outlined the responses received via surveys and submissions from the community during Phase 3 of the Special Rate Variation Consultation and Engagement process, conducted over the period from 26 October to 28 November 2016.

On considering this Report, Council resolved to notify the Independent Pricing and Regulatory Tribunal (IPART) of Council’s intention to apply for a Special Rate Variation (SRV), with the Notice of Intent to Apply submitted to IPART on 16 December 2016.

Council further resolved to adopt the amended Integrated Planning and Reporting documents (incorporating the Special Rate Variation rationale), including the Revised Draft Delivery Program 2014 - 2017, Draft Strategic Asset Management Plan (General Fund), Draft Long Term Financial Plan 2016 - 2026 and place these documents on public exhibition for 28 days for community consultation.

An advertisement was placed in the Northern Star on Saturday 17 December 2016 to inform the community of the upcoming public exhibition of Councils Integrated Planning and Reporting documents and the documents were uploaded on the public exhibition page on Councils website.

Councils Integrated Planning and Reporting documents were on public exhibition from Monday 19 December 2016 until Wednesday 18 January 2017 and submissions were welcomed during this time period via email, telephone or written submission.

The draft documents included information relating to Council’s proposed Special Rate Variation options in the Funding our Future awareness and consultation campaign. The IP&R documents provide a greater level of detail about projects and programs which would be delivered for each scenario and included detailed financial and asset management information. The documents were available in draft form on Councils website in two locations, the Funding our Future page, dedicated to Councils Special Rate Variation project, and on Councils formal public exhibition page.

Communication and Engagement Methods

Byron Shire Council Website

A project page, including document library, key links and an online survey was set up for the ‘Funding our Future’ project at http://www.byron.nsw.gov.au/funding-our-future.

Funding our Future webpage was updated following the 15 December Council meeting to inform the community of the decision that was made to place the amended draft Integrated Planning and Reporting documents, including Revised Draft Delivery Program 2014-2017, Draft Strategic Asset Management Plan (General Fund), Draft Long Term Financial Plan 2016-2026on public exhibition for community consultation.

During the public exhibition period, the Funding our Future web page was visited by 217 people for an average time of 3:38 minutes.

Social Media

Council’s corporate Facebook page currently has 1,865 likes. An extensive campaign was run on Facebook and reached a combined 14,320 Facebook and Instagram pages (organic and paid advertising) within Byron Shire. The campaign received 56 community comments.

Media coverage

In response to the Council’s communication and engagement activities the following 18 newspaper articles and 17 Letters to the Editor appeared in the local newspapers.

Date	Headline	URL
20-Jan-17	Petition rejects rate rise for Byron residents	http://www.echo.net.au/2017/01/petition-rejects-proposed-60-per-cent-rate-rise-byron-residents/
18-Jan-16	It's that time again! Let's peek inside the local	Echo - see Annexure 1
12-Jan-17	Byron nightmare	http://www.onlineopinion.com.au/view.asp?article=18779
12-Jan-17	Rates reality	Echo - see Annexure 1
11-Jan-17	Former Byron councillor offers new team some advice	http://www.echo.net.au/2017/01/former-byron-councillor-offers-new-team-advice/
11-Jan-17	Byron GM replies to critics over rate rise	Echo - see Annexure 1
11-Jan-17	The challenges ahead for Byron Shire	Echo - see Annexure 1
5-Jan-17	Byron GM hits back at rate-rise claims	http://www.echo.net.au/2017/01/byron-gm-hits-back-rate-rise-claims/
5-Jan-17	The overselling of Byron	http://www.echo.net.au/2017/01/the-overselling-of-byron/
21-Dec-16	Special rates variation steams ahead	Echo - see Annexure 1
20-Dec-16	13 local councils notify special variation or minimum rate variation intentions	http://www.medianet.com.au/releases/121765/
20-Dec-16	Shires flag upcoming rate rise	http://www.easternriverinachronicle.com.au/story/4367496/shires-flag-upcoming-rate-rise/
19-Dec-16	Why not a festival tax for Byron shire?	http://www.echo.net.au/2016/12/not-festival-tax-byron-shire/
19-Dec-16	Byron shire’s 60 per cent rates hike way too much	http://www.echo.net.au/2016/12/byron-shires-60-per-cent-rates-hike-way-much/
16-Dec-16	Rate rise amid fears of amalgamation	http://www.echo.net.au/2016/12/rate-rise-amid-fears-amalgamation/
16-Dec-16	Operational efficiencies	Echo editorial - see Annexure 1
15-Dec-16	Doubt cast over Byron sewer rate reduction offer	http://www.echo.net.au/2016/12/doubt-cast-byron-sewer-rate-reduction-offer/
15-Dec-16	Residents to get $199 rate reduction	Byron Shire News - see Annexure 1


Letters to editor - see Annexure 1
Date	Heading	Source
18-Jan-16	7 letters - what part of 'no' to the rate rise doesn't Council understand?	Byron Shire Echo
12-Jan-17	Rates reality	Byron Shire News
11-Jan-16	Another invasion of people	Byron Shire Echo
11-Jan-16	Road chaos	Byron Shire Echo
4-Jan-16	Damn rate rise	Byron Shire Echo
4-Jan-16	I put forward three options	Byron Shire Echo
4-Jan-16	At council's ordinary meeting	Byron Shire Echo
28-Dec-16	Monster rate rise	Byron Shire Echo
21-Dec-16	Council rates	Byron Shire Echo
15-Dec-16	Rates revolt	Byron Shire News

Electronic newsletters

Funding our Future featured two times in the December and January Council Community E-news. At that time, this electronic newsletter had 6,337 subscribers.

· http://www.byron.nsw.gov.au/newsletters/general-manager/2016-12-16

· http://www.byron.nsw.gov.au/newsletters/general-manager/2017-01-13

Newspaper Advertising

Byron Shire is fortunate in that it has two actively supported local newspapers - Byron Shire Echo and Byron Shire News. These papers have a distribution reach of 15,000 to 23,000.

· Echo - 3 x half page adverts (as per below)

· Byron Shire News - 3 x half page adverts (as per below)

· Northern Star – 1 x public notification

The newspaper advertisements ran from 17 December for three weeks.

Radio Advertising

From 2 January until 16 January, 90 x 30 second announcements ran on local community radio station BayFM. You can listen to the advert at:

https://databox-apps.opaas.net.au/shares/file/ea7b5331f3719b/?modal=n

Radio script – Byron Shire Council Special Rate Variation

To air: 2 Jan to 16 Jan - BayFM

Are you a Byron Shire ratepayer?

You’ve might have heard that Council is considering applying for a Special Rate Variation.

As part of the process, Council has updated its Delivery, Asset and Long Term Financial Plans.

Plus they’ve looked at what no rate rise above the state government set rate peg means.

With no additional increase, rates would rise to an estimated 9.3% over the next four years.

This would see Council become financially unsustainable and the condition of assets continue to significantly decline and fail.

You can read more about the draft plans on Council’s website, at www.byron.nsw.gov.au.
You have until Wednesday 18 January to let Council know what you think.

January Rates notice

In keeping our ratepayers up to date, Council’s 30 January rate notice included a one page overview of the Base Case and three options proposed, plus a timeline of ‘where to next’ key dates.

Engagement Results

Council received 98 submissions from the public on the IP&R and SRV issues during the exhibition period. Council received a further 6 submissions after the 4pm deadline on 18 January, which will be included as late submissions. These 104 submissions have been compiled for Councils review and consideration at 2 February meeting as Attachment 2 #E2017/3817.

Summary of results

· 80 out of 106 submissions were against any rate rise option.

· 12 out of 106 submissions did not state a preference.

· 4 submissions were in favour of Option 1 – 7.5%.

· 2 submissions were in favour of Option 3 – 12.5%.

· 35 submissions refer to charging tourists whether it is via a bed tax or tourism levy.

· 11 submissions suggest finding alternative efficiency savings.

· 13 submissions refer to issues of hardship and affordability.

· 16 submissions make reference to supporting amalgamation of Byron Shire Council, while 1 submission makes specific reference against amalgamation.

· 9 submissions make reference to the need for State government support and assistance.

· 11 submissions suggest the introduction of pay parking across the Byron Shire.

· 3 submissions suggest that the business rates should be increased.

Councils general comments on submissions

Council acknowledges that any rate increase is going to be an unfavourable option within the community. It is understandable that many residents have indicated their preference for no rate rise – rate increases are never popular but in this case they are absolutely necessary if Council is to fix its deteriorating infrastructure and specifically its road network in order to reduce its infrastructure back-log.

Alternative options for raising funds

While Council acknowledges its own historic shortcomings, it has over the past 4 years had strong focus on sustainability, with the implementation of consecutive multi-faceted financial sustainability plans and best practice asset management. As a consequence Council’s financial position has dramatically improved and we have begun to invest more strongly in infrastructure renewal. Consequently we were declared as being Fit for the Future and have avoided (for now) the spectre of amalgamation.

Regrettably we find that despite all of this hard work we still need to raise significant additional rate revenue in order to fund a reduction in the substantial infrastructure renewal back-log that we have inherited and meet the performance bench-marks that have been imposed upon us.

Tourism

In considering the need to introduce a bed tax or tourism levy, Council has been advocating for a bed tax for about a decade and will continue to do so. In respect of the number of tourists visiting Byron, there is a significant number of day trip tourists from South East Queensland (around 700,000 per year), from whom no bed tax would be collected, as they do not stay overnight. Council estimates a bed tax would generate no more then $200,000 per annum which whilst helpful, is not sufficient to address the current infrastructure issues confronting the Shire. Such taxes are also dependent on visitor numbers which cannot be guaranteed from year to year so it is not a dependable source of revenue.

Hardship and Affordability

Council understands that pensioners and other disadvantaged will be impacted by any rate increase. For this reason, Council has prepared a Hardship Policy which contemplates rate relief for those people. In regard to issues of affordability, it is anticipated that a proposed increase in the General Rates (from a special rate variation) will in part be offset by reductions in Water/Sewer charges to the tune of $100 per year for the average ratepayer. This reduction in the Water/Sewer charges would come into affect from 1 July 2017.

Amalgamation

Amalgamation would have far reaching consequences for the Byron Shire. Amalgamation partners are likely to be the adjoining Tweed Shire Council and/or Ballina Shire Council and both have quite different values and land use planning parameters than Byron Shire. Building heights, development intensity, multi-level residential apartments and tourist accommodation would all be on the agenda and the capacity of Byron Shire residents to influence such decisions would be minimised through fewer elected representatives (and minority voting numbers). High environmental and coastal protection standards enshrined within Byron’s planning instruments and our strategic policies would be at risk and funds raised in Byron would be spread across the domain of our amalgamation partners. By having our own Council the Byron Shire community have total say over who represents them and therefore what environmental and planning standards apply and how their financial contributions (rates) are expended.

Assistance from State Government

Council continues to apply for specific funding grants from departments of State government for particular projects and activities. In 2016/17, Byron Shire Council will raise 26.7% of its total revenue from non-rate sources including grants and user charges. While securing grants is important and will continue, grant funds are often linked to new infrastructure and services ie not available to fix ageing infrastructure and over dependence on government funding programs is not considered reliable or sustainable.

For many years Council has also argued that the state government Financial Assistance Grants are unfairly apportioned to the disadvantage of the Byron Shire. Due to Byron Shire having high land values, we receive less state government funding support via the Financial Assistance Grant program than our neighbouring councils. In addition to the high impact from visitors, the need to supply additional maintenance and infrastructure is not recognised. This needs to change and Council will continue to lobby on this key issue. The Independent Local Government Review Panel had flagged that the Financial Assistance Grants program needed to be reviewed but this is yet to be done.

Increasing pay parking across the Shire

Although Council could, and continues to explore the option to, introduce pay parking to other townships in the Shire, the revenue raised is nowhere near enough to fund our poor road infrastructure.

Currently pay parking revenue is set to return $2 million to Council in its first year. However, this is still not enough to help fix the infrastructure backlog. Just prior to Christmas, Council introduced pay parking at Wategos and will soon consider it at Belongil, Bangalow and Brunswick Heads. At the 2 February meeting, Council will consider increasing the pay parking rate from $3 to $4 per hour.

Option to charge the businesses benefiting from tourism more

This is complex as it is extremely difficult to assess and to determine whether or in what proportion businesses might raise their revenue from tourists as opposed to sales to residents. The existing rating structure of Council employs a separate rating category under the Business Rate for the Byron Bay CBD. The ad valorem rate applied to the Business Rate for the Byron Bay CBD is currently twice or 200% of the ad valorem rate applied to Residential ratepayers. Thus Byron Bay CBD businesses are already being charged rates at a level significantly higher than businesses operating in other townships around the Shire. Council in the development of the 2017/18 Revenue Policy will review the apportionment of the rating burden between rating categories and sub-categories.

Summary of Submissions

The below table provides a summary of the feedback received from the community and the main themes and issues raised by members of the community in response to Councils Integrated Planning and Reporting documents insofar as they relate to the proposed special rate variation application:

Community Feedback Method	Nature of Feedback
Email	Apparent that Council is intent on rate rise. Frustrating as we as ratepayers can only sit by and watch it all unfold, because even though we live in a democratic society, at the end of the day we actually have no say in what goes on.
Email	Councils capacity to efficiently spend any rate increase on capital works is not matched by recent management history i.e. Massinger-Lawson Streets roundabout. Find efficiency savings from the current budget.
Email	Agrees community needs more funds for vital infrastructure. Not in favour of the general rate pegs proposed over the next 4 years. Local residents shouldn’t have to foot the bill for high level of tourism in region. In favour of adjusted rates depending on a combined land and house value ratio.
Phone Call	Questioned how politicians can consider this. He needs more money for things too but can't demand more money be paid to him. Requested that Council live within its means and look after roads and draining.
Email	Against any rate rise. Raising rates unfair on low income local home owners. What happened to money from parking meters? Objects to way options presented to public. Options and colouring were simplistic and manipulative. Requests rates only rise the minimum amount in line with inflation. Byron has already become a rich white mono culture, the diversity that made it great has nearly completely gone. Please don't kill it completely. Tourists should be made to contribute to the infrastructure of our town and a bed tax seems a viable option. Even 1 dollar per bed per night would make a huge difference.
Email	Questions re. SRV and IPART on behalf of his parents John and Elizabeth further to their initial submission during Phase 3
Letter	Rate payers kept in dark. Asks questions re. staff numbers. References examples of mismanagement in Brunswick Heads.
Email	I wish to register my preference for the Base Case
Email	Strongly object to any rate rise above the statutory 2.5%. Council poll is misleading. Survey results overwhelmingly call for no rate rise.
Email	Resident of Shire for over 40 years. Proposes that rates levied against properties with multiple dwellings be increased, that Council look at creative and sensitive ways to levy properties that have illegal dwellings, and that as paid parking seems a great success in Byron town, a similar parking arrangement in Mullumbimby would be fair.
Email	Rate payer for 16 years. Increasingly difficult and unaffordable to stay in Byron Bay. Don’t want to be forced out. Raise additional revenue through tourists. Don’t raise the rates above the base rate pegged limit and be creative in finding additional revenue. State Government are happy to promote Byron Bay as the jewel in the crown so why can't they help pay for the pressure on infrastructure that mass tourism brings?
Email	Realises Council struggling with financial sustainability. If the NSW Government is going to continue to promote Byron Bay as the second biggest tourism destination after Sydney, then Council should be lobbying the state government for additional grants and funding to maintain infrastructure. Paid parking spruiked as answer to financial woes. No confidence that additional revenue generated by rate rise increase will be managed and spent accordingly by BSC. Amalgamation will allow for better savings. Not many residents get 12.5% salary increases every year and even the lowest proposal of 7.5% is ridiculous. The fair increase would be in line with CPI and council should target their funding to maintaining existing infrastructure, with no new spending.
Email	Realises Council struggling with financial sustainability. If the NSW Government is going to continue to promote Byron Bay as the second biggest tourism destination after Sydney, then Council should be lobbying the state government for additional grants and funding to maintain infrastructure. Paid parking spruiked as answer to financial woes. No confidence that additional revenue generated by rate rise increase will be managed and spent accordingly by BSC. Amalgamation will allow for better savings. Not many residents get 12.5% salary increases every year and even the lowest proposal of 7.5% is ridiculous. The fair increase would be in line with CPI and council should target their funding to maintaining existing infrastructure, with no new spending.
Email	It seems that the introduction of metered paid parking, plus the doubling of the annual rate payer's parking fee exemption, plus the standard annual rate variation applicable to all local government bodies is not enough for Byron Shire Council to generate additional needed road repair and maintenance revenue. With the demonstrated continuing incompetency and failure of the council to prosecute it's mandate for delivery of standard services to rate payers, including fixing the roads, other than by way of back handed insult of erecting signage saying council is doing so in a few spots what it is really isn't doing most other places. The issue of funds wasted by council for such cynical exercise, is certainly one for scrutiny and assessment. If amalgamation means improved roads and services, let's go for it. I have no appetite or reserve of sympathy for incompetence and mismanagement.
Email	Strenuously object to any SRV increase. Deceptive and misleading conduct. Response card should have had fourth option – no SRV increase. Appalled at Council’s wilful waste of money. Item 13.5 of October 6 2016 Ordinary Meeting – why and how did the option of a zero rate variation change in such a short period of time? The 3 options are misleading. Council should withdraw its request of the State Government for a Special Rate Variation and commence to either act in a commercial & responsible manner or due to its incompetence and poor capital management actively pursue an amalgamation option.
Email	Forth option should be that council work more efficiently with the funds at its disposal eg - Massinger St repair & construction of roundabout took months to complete - we constantly observed council workman standing around doing nothing - would this sort of inefficiency be tolerated in private enterprise? If the revenue is not sufficient then why is there not paid parking in Bangalow, Brunswick Heads, Mullumbimby, Ocean Shores. Before the council asks for more money from rate payers, we have a right to know that it is going to be spent in an efficient manner.
Email	Family have paid BSC rates since late 70’s. Publications disingenuous and misleading. Feedback over Christmas period is in the great tradition of cynical political opportunism. Ensure the application to IPART contains all publications by BSC and make the application public. Responses have been strongly opposed to a SRV. Will have long term effect of driving more families away. Should be a rate peg only. Council should investigate other means of raising revenue.
Email	Resident of Byron Bay entire life. Built home at 34 Carlyle Street in 1959. Recent rate increases have placed significant financial burden on us. Opposed to SRV. Decline in infrastructure predominantly result of large tourist numbers. Shouldn’t be held financially accountable for the failings of past councils. Elevated property prices have already induced high rates. No link between rate increases and services we receive near our home. Will be paying for infrastructure development we will never see or benefit from. Members of large pension base and not in a financial position to continue funding Council infrastructure as requested. Pensioners should be exempt.
Letter	Rate increase is too much and will put a burden on local residents. Have to remember that fees and bills increase faster than incomes do. Residents will have to cut back on their standard of living to be able to afford a rate increase. Don't favour people that use our region to enrich themselves; they must pay their fair share.
Email	The increased pressure to maintain infrastructure due to tourism is understandable but residents should not have the bear the burden. Residents are bearing the cost but receiving no benefits from the tourism industry, unless you’re a business owner. Residents already pay higher prices for property/shops/restaurants. Other regions who face similar increased tourism, introduce a bed/tourism fee, can you please explain why this is impossible for Byron Shire? People who are benefitting from this should be the ones funding it, not everyday residents.
Email	Residents of Byron Bay for 20 years. Oppose proposed SRV. Believes Council is poorly manage, inefficient and too often under the influence of minority groups. Providing more money simply means more waste.
Email	Definitely not in favour of a rate rise. Believes a lot of money wasted with programs that didn't need doing and that you can't just keep expecting ratepayers to pay for Councils waste.
Email	Resident of Mullumbimby. Supports Option 3. What keeps Byron Shire unique will be lost if it is amalgamated. Everyone is aware of the increase in their property’s value. To preserve amenities Council needs more funds. It is completely unfair that property owners are the stand-out group of people to benefit from this huge wealth redistribution, without also contributing to the upkeep of their ever-popular area. Concessions should be given in cases of genuine hardship, as contemplated by the SRV policy. Whilst Council wastes money, this will always be the case for a largish organisation. Picking one part of government, or council, expenditure you don't like is not a good enough excuse to not pay your fair share of tax.
Email	Affordable accommodation and holiday letting affecting community. If people are using their residential property for commercial gain then they should be paying higher rates. Proposes a 3 tiered plan over next 3 years. Those living here full time and wanting to build community should not have to pay more than those you just see residential Byron shire as their cash cow.
email	Does not agree with rate rise. Rates are already high.
email	Opposed to rate rise. Service has declined for the last 20 years in Suffolk Park. Dogs out of control. Fires and beach parties on daily basis. Lack of care for pedestrians. Bike path from Alcon St to Tallow Creek. Granny flats have subsided and are now used for tourist accommodation. Council has cemented the unaffordable housing issue. Employ extra rangers.
email	Cannot afford this. Invasion of tourists and festival patrons has contributed to the impact on local services. Could not even walk on the footpath in Brunswick heads without being knocked over by the streams of Falls people. Sad as a local to see what is happening to our Shire. When the impact on local amenities is not helped by the Falls Festival and Qld holiday maker overload at the same time, I find it unfair to ask me to put my hand in my pocket to rectify the situation.
email	No report to ratepayers on the proportion of respondents who want no special rate variation. Ratepayers already pay one of the highest rate scales in the region. GM should be replaced if unable to manage core Council responsibilities within budget. Council should respect clear and strong feedback from the community. Cut cape to fit cloth. There is enough money for core responsibilities, including road infrastructure, if BSC desists from spending rates on areas of little direct benefit to ratepayers. There is no justification for any residential rate increase above the State-mandated maximum of 2.5% pa
email	We need to raise revenue to improve infrastructure in Byron Bay. Objects to rate payers money being spent on tourism infrastructure as tourism is destroying the ability of residents to enjoy facilities. Link from Conde Nasta Traveller re. tourism strategies. Byron Bay has geographic limits on its capacity to hold human beings. Just like Bhutan. Byron Bay should follow the latter's example and reorient itself to appeal to the low impact high yielding segments of the market instead. Our style of tourism does not generate local jobs that can strengthen rate payer households. Instead it generates jobs for transients who are happy to work for below award wages. Council needs to lead the community in demanding that if state and federal governments jump on Byron's band wagon to promote Australian tourism then they compensate rate payers for the loss of amenity. This compensation can take the form of a contribution to the maintenance of our roads so that only a 7.5% rate variation is necessary.
email	Object to rate rise. Suggest Council lobby State Government to take over road repairs and explore other ways of raising funds based more around contributions from tourism and substantial increase in commercial business rates in line with other regions.
email	objects to rate increase. Flooded with tourists. Find another way to support our requirements.
email	Determining hardship associated with rate rise poses dilemmas. Equitable that home owning self-funded retirees over the age of 65 be given similar rate reduction as the pensioner.
email	Rates are already among the highest in the state. Many ratepayers amongst the lowest wage earners in NSW. Visitors to the Shire should also be required to pay for use of the Shires facilities. Bed tax suggested. Rates should be kept as are or at the most Option 1.
email	Why are tourists not being charged for the infrastructure they benefit from and we as residents pay for? Revenue from paid parking?
email	Don’t agree to rate rise. Tourism NSW should pay any increase, not resident ratepayers. Clarkes Beach Caravan Park has also created severe erosion on the beach. Regular Shire residents should not have to pay to maintain infrastructure while they are inconvenienced and others are making huge profits.
email	If I am not mistaken, bed tax is a state by state regulation but I think this is what we need. Make the people gaining financially from renting to tourists cover the cost of the wear and tear.
email	Object to rate increase. Rates increased in 2016 due to increased property valuations. If the rate base is not large enough, Council should consider amalgamation.
email	Maintenance of assets is important issue but rate rise to fund this not appropriate. Inaction on holiday lets. Waving of contributions for construction of granny flats. Delay in implementing paid parking throughout Shire. Other areas of spending could be trimmed. Information process flawed. Byron’s rates are not below surround areas.
email	Previous councils incompetent. Refuse to believe Council will use increased rates wisely. Ballina Council more efficient. Byron is untidy, dirty, full of cars with garage everywhere. Deterioration of roads. Increase rates for businesses or impose a bed tax. Ordinary households bearing the brunt. If paid parking was introduced in Brunswick Heads , Bangalow and Mullumbimby there would be no need to increase rates.
email	References BSC media release on fit for the future, containing quotes and information on Council not seeking to raise rates.
email	No special rate variation. Historic neglect of asset maintenance. Revaluation of needs and restriction of service required until expenditure aligned with assets. Mayor has stated that the Shire rate payer base is unsustainable. Amalgamation must be investigated.
email	Residents unhappy with proposed options. Byron Bay is a tourist town now. Introduce a bed tax. Scrap plan to move sand to Belongil. Implement base case for residents. Continue cutting legal costs. Determine other ways to save money.
email	No rate rise. M Peters 84 Myocum Downs Dr Mullumbimby
email	Council deceptive and condescending. Obviously not fit for the future. Bring on amalgamation.
email	We do not want or need a rate rise as you can not be trusted for pie in the sky schemes that our council is famous for to waste our money
email	Owner/Occupier of property in Mullumbimby. Opposes any rate rise.
email	Thank you for your automated response . I would however like to think that council is going to show transparency in this matter which will affect working people who live in the shire. Accountability and representation of residents is surely what council were elected for.
email	Opposed to any increase. Increased rates will severely affect personal financial situation. Friends and colleagues all share similar concerns.
email	Airbnb businesses should be paying commercial rates and leave the core permanent rate payers alone. Many folks scared and upset due to impending hike in rates.
email	Council mismanaged. Lists inefficiencies at Council. Rate payer for over 20 years. Suggests additional revenue sources i.e. increase paid parking, increase business rates, hire an innovative manager, etc. Lobby State and/or Federal Government for a bed tax. Do not increase rates for residents.
email	Submission in objection to all options proposed. Council not competent to be custodian of additional funds. Condition of infrastructure due to Council’s negligence. Previous rate rises wasted by Council. Byron Shire Council not fit for the future. Abandon rate rise and hold a section 438U enquiry, appoint an administrator and proceed to amalgamation.
email	Long term rate payer. Wants to know how revenue will be raised from tourist industry and other avenues, such as holiday letting and Airbnb.
letter	Long tem residents of the Shire. Rates are already almost beyond ability to maintain. Create more solutions than simply charging more until we can no longer afford to live in our homes.
Email	I opt for option 1. Rates are hard enough to pay as it is. I would prefer no rate rise alas you have left this option out. Please consider low income families
Email	Projected rate levels of neighbouring councils should be the benchmark. Planned increase of up to 60% in rates would only be justified if this would keep us on par with neighbouring councils. Arguments that BSC has special needs because of our tourist load should only be considered after Council has maximised revenue levels from tourists through paid parking, pay for use facilities and higher levies and charges on tourist focused businesses.
Email	Rate payer in Shire for 30 years. Supposedly fit for the future but Council is far from it, as demonstrated in self-serving and deceptive pamphlet released by Council. Notes conditions of roads. Points out previous rate rises. No confidence in Council to carry out functions of Local Government. Seek amalgamation and appoint an administrator.
Email	Local newspapers published that 70-90% of ratepayers are against a rate rise. Feedback during the school holidays will result in a reduced number of respondents and the data will be manipulated due to poor sampling. Approximately 500 tourists for every permanent resident in Byron Shire. Local residents easy target as ‘cash cows’. Find a way of accessing the huge amount of capital that tourism brings to the area.
Email	Residential rates have increased significantly over past four years. Increase parking fees in other locations. Increase compliance collections. Recruit volunteer Rangers to enforce regulations that will yield fines. Demand funding from State Government. Create levy on festival ticket sales. Impose bed tax. Collect waived DA fees from granny flats. Reduce Council spending. Fix roads.
Email	Resident of Byron for 20 years. Rate hikes making living in Byron increasingly difficult. Live on pension. No rate rise, even if conditions will deteriorate as a result. Increase in costs for Shire caused by enormous use of facilities by people from outside the Shire. I applaud you for having done a lot of reasonable cost-cutting already.
Email	Put special rate variation proposal on hold for 12 months and consider alternatives. Detailed submission which notes that a rate variation as proposed is not needed for Council to meet financial obligations and maintain financial sustainability. Submission adds that community has resoundingly rejected any special rate variation and that the process is failing fundamental democratic principles, as Councillors are under constant time pressure and given unclear information. Submission notes that Councils financial position is strong but that there are large inequities in the burden of any rate increase.
Email	Revised Draft Delivery Program makes it clear that only Option 3 can Council fund all of the ‘essential maintenance and renewal of our assets’. Expenditures are not considered to be discretionary but essential. Under other options, the case for amalgamation would become unanswerable. Pleased that the material makes it clear that the proper course could be followed with appropriate safeguards for cases of hardship.
Email	I say NO to the Council Special Rate Increase Variation, only the NSW State Rate Increase. All submissions appear to fall on deaf ears at council.
Email	Rate rise will be unnecessary financial burden. Other options should be instigated first. Appalled that no rate increase option was not included in Council’s survey. Why does Council presume rate payers prefer a rate increase to amalgamation? Questions new Councillors knowledge and understanding to be rushed through complex issue. Council should spend within its means.
Email	Rate payer and on aged pension with no other income. Worried won’t be able to pay increased rates. Hard to maintain car already. Disabled daughter lives with me. Please think of those on low incomes outside of the tourist industry. Perhaps aged pensioners could be exempt from rate rise.
Email	As I don't really receive many services from Council ie no water, no road, no garbage collection, no mains power access, I'm hugely opposed to any rate hike for my minimalist services!
Email	Vote for option 1. Council needs to work harder to extract income from sections of the community capitalising on the visitor population i.e. bed tax. Look at paid parking in all towns and villages of the Shire. Explore amalgamation if it would better economy. Still a low income community in this Shire who are already being pushed to the margins by cost of living impact.
Email	One of the worst things to do to Byron residents. Owned property in Shire since 1998 and have witnessed degeneration of roads, infrastructure and amenities due to the tourism industry. Difficult for area with small rate base but extremely high number of visitors. Seek government assistance for a bed tax. Don’t punish local people. Maybe it’s time for Councils to merge.
Email	No to any rate increase. You have destroyed Bryon Bay and the beaches and are now letting developers move in to the hinterland, taking away many of our valuable primary farm land. You have a hide in trying to tell us that we need roads, footpaths, water and sewerage, not to mention new shopping facilities etc. for the future.
Email	I am not supporting any rates increases.
Email	Questions for General Manager with regards to funding the rock wall at Belongil and exploring issues surrounding tourism (i.e. bed tax). Unfair to disadvantage low-income and long-term permanent residents. Reference to Community Charter for Good Planning in NSW.
Email	Please do not increase our rates. When I witness colossal squandering of rate payers contributions on the likes of months of construction to put a roundabout at the bottom of Massinger street I have to say stop. Please employ a private team of workers to construct these things and we may all benefit from the savings.
Email	I do not agree with any rate rise proposal beyond the CPI annual increase. This exhibition period should run for longer as it has only been for 4 weeks over the peak holiday period with very little advertising or prominence on the BSC website. I request that you extend the exhibition period so that the ratepayers of Byron Shire can have their say.
Email	Wages haven’t gone up for 10 years for locals. Already high rate charges. Imposed new revenue streams such as paid parking. Difficult to find out how much Council staff costs are. Just because properties have gone up in value on paper does not mean the household has more income. A lot of households are low income. Council should be sacked. Locals get nothing out of the tourist swarms except grief and inconvenience.
Email	I am not supporting any residential rates increases.
Email	Not supporting any rate increase. Shire’s infrastructure in dire need of improvement but appalled that Council is planning on hitting the rate payers to find the funds. Impose a bed tax. If had to choose between rate increase or amalgamation, I would vote amalgamation. Find alternative funds and do not apply rate increase.
Email	Revaluation of properties in Shire will result in significant revenue increase from rates. Ballina Shire have produced better documentation. Specific action to increase business rates to a similar level as other northern rivers Shires should be taken. Road infrastructure should be financed by paid parking. Tourism infrastructure should be paid for by the businesses that benefit from it and the Government.
Email	Feedback is flawed as it failed to disclose a nil rate increase option. Lived in Byron for 25 years and rates have increased but no increase in services, infrastructure or ambiance to our benefit. Commercialisation is responsible for the deterioration of infrastructure. Councils proposal is lazy.
Email	Strongly object to any rate variation. Council inaction on holiday lets. Waving of contribution fees for construction of granny flats. Paid parking not introduced in other towns. SRV campaign concentrates on maintenance of assets but there is no evidence of spending restraint in other areas of Council. Lack of ‘no increase’ option in consultation process. Don’t accept Byron rates are below surrounding areas.
Email	Angry at being pushed into an attempted massive rate hike. State government has decided that our small local communities should become a target for overdevelopment and tourism against the wishes of most residents, so the government should be pressured to cover the added wear and tear on infrastructure.
Letter	No rate rise. Called Depot on issue and no response. Byron Bay needs a good clean up.
Email	Please no more residential rate hikes!!!
Email	I do not agree with any rate rise proposal beyond the usual CPI annual increase. Unfortunate that submission time over the holiday period. Request that exhibition period be extended. Disappointed at Councils inability to manage its financial dealings given the already high rates.
Email	Council needs to answer questions before being trusted by the community such as how can Council afford an expensive rock wall but only months later, justify the need for a rate rise? Reducing Council staff may be warranted. Have you explored ways so that tourist visitors and their land lords are paying sufficiently for the Shire's defects? Introduce bed tax, levees, compliance enforcement for secondary dwellings and increased paid parking.
Email	The rates paid in Byron already outstrip those paid in Sydney. State government shifting responsibilities onto residents by underfunding local government while it proceeds with mega infrastructure development in Sydney. Dismissive attitudes to Public Participation. NSW Tourism should be largely contributing to the development of roads. The Fit for the Future Plan does not incorporate a vision to deal with Climate Change. Total lack of vision in relation to the real need of the Byron Shire i.e. trains which will compliment a Fit for the Future Plan.
Email	Jim Beatson deserves a vote of thanks from BSC for highlighting the inequity to be suffered by residential only ratepayers. My rates are almost three time your average figure for residential and almost twice that of average business rates. Shocked to learn of the incredible rewards reaped by property owners making use of AirBnB.
Email	Opposing a rate rise as other means of rating need to be considered such as tourist levy to tax those benefitting from the $400m tourist industry. I would be particularly supportive of Councillors giving consideration to exempt lands and applying a rateable value to them under whatever recommendation IPART has in this report that best fits irrespective of its ownership. Pensioner exemptions also need to be given serious consideration.
Email	The last Council was threatened with amalgamation if paid parking was not introduced and new Council is being threatened with amalgamation if SRV is not introduced. Byron Council is a rich council! $60 Million are available from the development contribution account and other reserves and extra dollars are sitting in the account created by overcharging for fixed water and sewage of rate payers, for example. No big changes are required, please simply re-locate the rate payers money responsible
Email	Against any SRV. Council has other ways to gather money to maintain infrastructure that tourists help us to use and abuse. Putting it on locals is unjust and lazy. Increase rates for holiday lettings, AirBnB, etc. Introduce paid parking in Brunswick and Mullumbimby. Impose a bed tax. We love tourism and the multicultural energy but homeowners in the area don’t make profit from the tourist industry and should not be taxed for it.
Email	Many years ago we were told that more house developments meant more rate payers, more money for the council. This did not work. Then we need tourism for businesses to thrive, it certainly helped some businesses, for rural dwellers less services. Some how waste collection slipped from the umbrella of council rates, and so can be increased at any rate, why is it no longer a council responsibility? How does the collection of tonnes of rubbish from Byron Bay celebrations using staff on overtime help a rural dweller? How can the council charge for storm water? When there is no maintenance on our drains, should be included in basic rates. Why do council workers slow down every second Thursday for their three day weekend, all equipment lying idyll? Maybe contracting out would be more efficient. Pre tourism in the winter months some Byron shops would slow down or close, rates covered every thing then, Tourism has destroyed the character of a wonderful area. If you can't increase like every one else at CPI it is gross mismanagement and only amalgamation the option.
Email	I do not support the rate rise as it is paying for our town to cater to the tourists. Why should locals contribute to paying for infrastructure decimated by the 1000’s of visitors each year? Surely a tax or rate for the tourist businesses could be levied. Understand Council needs to maintain financial sustainability to avoid amalgamation but stinging locals is not the answer.
Email	Object to special rate variation. Propose that the millions of visitors to our town/region be taxed instead. They are the ones that abuse all the amenities and public infrastructure. I suggest a $5 bed tax on every booking in Byron Shire hotels/backpackers. It will hardly be noticed by the tourists yet the huge amount of revenue collected could go towards maintenance of our infrastructure, roads etc etc.
Email	Opposed to proposed Special Rate Variation. Poorly executed campaign comprised of slanted surveys. Tourism in the Shire is at a critical point. Many benefit but many suffer. Introduce a variable rating system or a tourism and major event levy. Example of tourism levy rates from the Sunshine Council Revenue Statement provided. Other options available such as a ted tax.
Email	Against rates rising at all. Wants clearer road markings. Tourists ruin infrastructure and dump rubbish. Lived in area for majority of last 40 years. Basing rates on land value is crazy.
Email	This matter should have been made public before the elections and should have been made an election issue. Timing of submissions is bad (Christmas/New Year period). Councils competency should be questioned in not having specific plans of works for each option. Based on observation and correspondence with Council staff, it is evident there are no regular inspections or maintenance of roads, footpaths and foreshores. Council has no financial management skills. The SRV is taking place for the sole purpose of Council becoming fit for the future and avoiding amalgamation.
Email	State Government promotes the Northern Rivers Region as a tourist attraction and should therefore be contributing to infrastructure maintenance. Elderly residents, many born and bred in Byron Bay, are facing the unpalatable decision of selling their homes due to their inability to pay increased rates. Perhaps a new committee could discuss other methodologies to raise funds. Council has done an excellent job getting us fit for the future, the hard part is staying that way.
Email	Do not support rate rise. 1.5 million Visitors in Byron Bay a year. We should support a bed tax. Link provided with bed tax example. Inhabitants of Byron Bay are being pushed out.
Email	It's obvious funds are needed to upgrade and maintain infrastructure but this has been allowed to deteriorate for many years due to high tourist influx and lack of routine maintenance. Tourists are having a detrimental impact on the Shire but are not contributing to the upkeep. Explore other options such as enforcing infringements regarding illegal holiday letting, holiday letting fees for approved premises. Introduce bed tax, employ more rangers to enforce compliance, increase cost of paid parking, and value Councils assets at proper market value. SGBCA believes Council is taking the easiest path and slugging rate payers.
Email	Object to propose Special Rate Variation. Council ignores the wishes of the majority of ratepayers who do not want a rate rise. Figures in report to Council in December 2016 indicate majority do not want rate rise. Online survey did not feature an option for no rate rise. Council needs to listen to the ratepayers who elected them. Council has wasted previous rates. The only way out of this is for Council to be replaced with an administrator and amalgamated.
Email	Apparent that Council is intent on rate rise. Frustrating as we as ratepayers can only sit by and watch it all unfold, because even though we live in a democratic society, at the end of the day we actually have no say in what goes on.

Late Responses (received post deadline 18/1/17)

Community Feedback Method	Nature of Feedback
Email	Already completed online survey. Do not agree with rate increase. Small community which attracts massive tourism in comparison to number of residents. How can the Shire be broke and not be able to look after our infrastructures? Who is benefiting from the large amount of visitors and how can these people/organizers give some back into the community?
Email	Please consider not raising the rates of this poor long suffering community. Prove that you listen to the community and not raise rates, but petition State Government for innovative and necessary measures to protect the Shire.
Email	Firmly opposed to rate increase. Holiday rentals and B&B’s should pay higher rates. Bed tax should be imposed. Byron Bypass should be scrapped. Money can be better spent in fixing roads around the Shire.
Email	Paid rates to Council for 27 years. Opposed to proposed options. Due to Councils improved operating results since 2013, there is no budget crisis to justify the largesse of the proposed SRV’s. Half of the size of Council’s proposed SRV’s are unjustified by the figures included in the draft Long Term Financial Plan and draft Strategic Asset Management Plan.
Email	Opposed to rate increase. Rate burden already unfairly biased against existed legitimate landholders. Introduce more paid parking. Apply a rate loading to all dual occupancies. Apply business rate to all properties advertised for holiday rentals. Create a Roads & Bikeway s94 developer contribution plan. Apply to State Government to allow the use of already collected s94 funds for remedial roads and bikeway works. Move Council Depot to cheaper land and sell current site at a truly commercial rate. Abandon expensive exercise of imposing E-zones on private land.
Email	Object to any rate rise. With 172 tourists for every resident, all costs being collected from ratepayers is absurd. Research conducted by Jens Krause, Jim Beatson and Sam Legge unravel true state of Council finances and raise a number of important questions. New Councillors have had little time to make their mark. A progressive Council can surely bring to bear a better approach.

Annexure 1. Media clippings

Echo – 16 December, 2016 Echo – 21 December

Echo – Letters to editor - 21 December Echo – Letters to editor – 28 December

Letter to Editor 28 December

Echo - Letter to Editor – 4 January

Echo – 11 January, 2017

Echo - Letters to Editor – 11 January 2017

Echo – 18 January 2017

Echo - Letters to Editor – 18 January, 2017

Byron Shire News – 15 December 2016

Byron Shire News – Letter to Editor – 15 December 2016

Byron Shire News – Letter to Editor – 12 January 2017

10.2016.716.1 Draft Conditions of Approval

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
A.00	Cover - Site Context - Notes	Thais Pupio	October 2016 Issue E
A.01	Site Plan	Thais Pupio	October 2016 Issue E
A.02	Garage Floor Plan	Thais Pupio	October 2016 Issue E
A.03	Ground Floor Plan	Thais Pupio	October 2016 Issue E
A.03A	Plant Room Plan	Thais Pupio	October 2016 Issue E
A.04	First Floor Plan	Thais Pupio	October 2016 Issue E
A.05	Second Floor Plan	Thais Pupio	October 2016 Issue E
A.06	Roof Plan	Thais Pupio	October 2016 Issue E
A.07	North Elevation	Thais Pupio	October 2016 Issue E
A.08	West Elevation	Thais Pupio	October 2016 Issue E
A.09	East Elevation	Thais Pupio	October 2016 Issue E
A.10	South Elevation	Thais Pupio	October 2016 Issue E
A.11	Section S1	Thais Pupio	October 2016 Issue E
A.12	Section S2	Thais Pupio	October 2016 Issue E
A.13	Section S3	Thais Pupio	October 2016 Issue E
A.14	Section S4	Thais Pupio	October 2016 Issue E
A.16	Section S6	Thais Pupio	October 2016 Issue E
A.22	Landscape Plan	Thais Pupio	October 2016 Issue E
SW4	Section 68 – Stormwater Layout Plan – Roof Level	Philip Wallace	July 2016 Issue B
	Vegetation Restoration Management Plan	David Sweet redbrowngreen environmental solutions	30 May 2015

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2) Modification of Development Consent No. 10.2015.412.1

Pursuant to Section 80A(1)(b) of the Environmental Planning and Assessment Act 1979, this Development Consent modifies Development Consent No. 10.2015.412.1, granted on 31 August 2015, so as to be consistent with the plans detailed in Condition No.1 of this development consent.

3) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

4) Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

5) Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 .

(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

6) Limited tree removal

Removal of existing native trees from the site is limited to the five (5) trees described within the Vegetation Restoration Management Plan: 27 Marine Parade Byron Bay by Red Brown Green (Author David Sweet) dated 30 May 2015 and submitted with the development application.

7) Bushfire Protection

1. The proposed development is to comply with the Site Plan titled Additions to Existing Structure, prepared by Thais Pupio Architectural Design, project number 01614, dated October 2016, Issue E, except where modified by conditions of this approval.

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

2 At the commencement of building works and in perpetuity the 7 metres identified as zone 1 in the Vegetation Restoration Management Plan, prepared by David Sweet of Red Brown Green Environmental Solutions and dated 30 May 2015 shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

3. New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

Landscaping

4. Landscaping to zone 2 and zone 3 nominated within the Vegetation Restoration Management Plan, prepared by David Sweet of Red Brown Green Environmental Solutions and dated 30 May 2015 is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

The following conditions are to be complied with prior to issue of a Construction Certificate for building works

8) Notice of Modification of Development Consent to be submitted

A Notice of Modification of a Development Consent, prepared in accordance with Clause 97(1) of the Environmental Planning and Assessment Regulation 2000, must be submitted with respect to Development Consent No. 10.2015.412.1, the notice is to provide amended plans which are the same as the approved plans referred to in Condition No.1 of this consent.

9) Previous development consent to be surrendered

Development Consent No. 10.2015.491.1, granted on 31 May 2016, is to be surrendered. This must be in the form of a written memorandum to Council from the owner of the subject property, in accordance with Clause 97 of the Environmental Planning and Assessment Regulation, 2000.

10) Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

11) Geotechnical Report required – Engineering Works

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

a) the design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate,

b) the civil engineering works will not be affected by landslip or subsidence either above or below the works; and

c) adequate drainage has been provided.

12) Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

Such plans and specifications must be approved as part of the Construction Certificate.

13) Construction Management Plan

Consent from Council must be obtained for Construction Management Plan detailing the excavation methods proposed for each stage of construction. The Plan must include, but not be limited to, information regarding: machinery proposed, proposed progression of works, installation of stabilising works, access and removal of spoil.

The Plan must demonstrate that the stability of excavated surfaces can be assured, particularly where excavation is close to adjoining buildings/ structures.

14) Geotechnical Report required – Soil Classification

A soil report is to be provided to the Principal Certifying Authority from a professional Engineer experienced in Geotechnical Science as to the classification of the soil type on the site, consistent with the requirements of AS2870.

15) Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.

Such plans and specifications must be approved as part of the Construction Certificate.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

16) Stormwater drainage –Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.

17) Consent required for works within the road reserve

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993 (if not already approved by a previous approval). Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

Driveway (residential areas)

A driveway(s) in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

18) Public Safety Management Plan required

Consent from Council must be obtained for a Public Safety Management Plan for those works within the road reserve pursuant to Section 138 of the Roads Act 1993. This public safety management plan is to include provision for (but not be limited to):

a) a pedestrian barrier, alternative footpaths and ramps as necessary;

b) an awning sufficient to prevent any substance from, or in connection with, the work falling into the road reserve;

c) lighting of the alternative footpath between sunset and sunrise;

d) the loading and unloading of building materials;

e) parking space for tradesman’s vehicles, where such vehicles must be located near the site due to tools and equipment contain within the vehicle;

f) Removal of any such hoarding, fence or awning as soon as the particular work has been completed.

19) Traffic Management Plan

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

20) Internal Driveway details required

The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking. Plans are to include the following items:

a) pavement description;

b) existing and design levels;

c) longitudinal section from the road centreline to the car space(s);

d) cross sections every 20 metres;

e) drainage (open drains, pipes, etc.), including calculations and catchment details;

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

21) Vegetation Management Plan

A detailed Vegetation Management Plan must be prepared and submitted to Council for approval prior to issue of a construction certificate for the proposed development. Such plan must be produced in accordance with the attached Guidelines for Preparing a Vegetation Management Plan, and must demonstrate that appropriate measures can be achieved to offset impacts on the littoral rainforest vegetation on the site. In addition to on-site weed control and replanting proposals, this offset may require additional works off-site. If off-site works are required, the Vegetation Management Plan must outline the mechanism to achieve those works (bio banking or the like) and the process and timeframe for their implementation.

22) Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate No.749880S, dated 07 September 2016. The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

The plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Minor changes to the energy efficiency measures may be undertaken without the issue of an amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

Proposed colours must be consistent with the provisions of Section D2.2.3 of Council’s Development Control Plan 2014. Note that white colours are not permissible.

Such plans and specifications must be approved as part of the Construction Certificate.

23) Site Waste Minimisation and Management Plan

Chapter 1: Part F of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publications/swmmp_-_pro-forma-.doc)

24) Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. This is a State Government Levy and is subject to change.

These payments may be made online at www.lspc.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

For further information regarding the Long Service Payment please refer to the website above.

25) Public liability insurance cover required

The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $10 million. Council is to be nominated as an interested party on the policy.

26) Bond required to guarantee against damage to public land

A bond of $5000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

27) Details of pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

Such plans and specifications must be approved as part of the Construction Certificate.

The following conditions are to be complied with prior to any building or construction works commencing

28) Public Safety Management Plan

The approved public safety management plan is to be implemented.

29) Traffic Management Plan

The approved traffic management plan is to be implemented.

30) Vibration Management Plan required

Prior to the commencement of any excavation works requiring rock drilling, blasting or breaking on the site, a Vibration Management Plan prepared by a suitably qualified person shall be submitted to Council or Principal Certifying Authority. The Plan shall address, but not be limited to, the following matters:

a) Identification of the specific activities that will be carried out;

b) Identification of all potentially affected sensitive receivers;

c) Determination of appropriate vibration objectives for each identified sensitive receiver;

d) Vibration monitoring, reporting and response procedures;

e) Assessment of potential vibration from the proposed construction activities;

f) Description of specific mitigation treatments, management methods and procedures that will be implemented to control vibration during construction;

g) Procedures for notifying residents of construction activities that are likely to affect their amenity through vibration, and

h) Contingency plans to be implemented in the event of non compliance and/or complaints.

31) Dilapidation Reports required

Prior to the commencement of any excavation works requiring rock drilling, blasting or breaking, a pre-construction Dilapidation Report is to be submitted to Council detailing the current condition of all adjoining buildings, infrastructure and roads.

A second Dilapidation Report shall be submitted to Council, prior to occupation of the building (whole or partial), to ascertain if any structural damage has occurred to any adjoining building, infrastructure or roads.

32) Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. The changes made are from Plumbers and Drainage Regulation 2012 NSW Government.

a) The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:

i) Pre-start and Sediment Control;

ii) Internal Drainage;

iii) External Drainage;

iv) Water Rough In;

v) Fire Services;

vi) Stackwork;

vii) Final - all work completed. - * Note below.

b) A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings.

Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

33) Erosion and Sediment Control Management Plan required

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

Note: Council may impose on-the-spot fines for non-compliance with this condition.

34) Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer or other approved system.

The following conditions are to be complied with during any building or construction works

35) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

c) No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

36) Construction Noise

Construction noise is to be limited as follows:

a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b) For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

37) Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a) stating that unauthorised entry to the work site is prohibited, and

b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

38) Stormwater drainage work

Stormwater shall be collected and disposed of in a controlled manner. The point of disposal shall be to the kerb and gutter via a suitably manufactured kerb adaptor. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

39) Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

40) Protection of Native Trees

All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

41) Protection of native fauna from disturbance

a) Any clearing of land must not commence until the area proposed for clearing has been inspected for the presence of native fauna and approval given in writing by a suitably qualified individual.

b) Approval to proceed with the clearing of vegetation in accordance with this section is only valid for the day on which the inspection has been undertaken.

c) The individual referred to in (a) above, or a nominated representative, must remain on site during any approved clearing of vegetation.

The following conditions are to be complied with prior to the issue of an occupation certificate.

42) Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

43) Internal driveway in accordance approved plans

A driveway is to be constructed from the property boundary to the proposed car space(s) in accordance with the approved plans.

44) Works as executed drawings are required.

The submission of works as executed drawings for the storm water prior to a final plumbing inspection.

45) Compliance with bushfire conditions under Section 79BA of EP&A Act 1979

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bushfire consent conditions of this consent have been complied with.

46) Stormwater drainage – Certification of works

Stormwater must be collected and disposed of in a controlled manner in accordance with the approval granted to an application under Section 68 of the Local Government Act 1993. Certificate/s of Compliance and Work-As-Executed (WAE) plans for the stormwater works must be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate.

Note: The certificate/s and WAE plans are to be in accordance with Council’s Comprehensive Guidelines for Stormwater Management.

47) Habitat Compensation works to be substantially completed

Plantings and/or restoration works required as compensation for loss of native trees are to be substantially implemented in accordance with the approved Vegetation Management Plan prior to issue of the occupation certificate for the dwelling.

48) Pool Safety Sign

The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation.

A pool resuscitation sign is to be installed in a conspicuous location within the pool area to the satisfaction of the Principle Certifying Authority.

49) Swimming pool pump location

The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.

50) Swimming pool fencing

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act and Regulations.

Notes

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Principal Certifying Authority:

Work must not commence until the applicant has:-

· appointed a Principal Certifying Authority (if the Council is not the PCA); and

· given the Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

· notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Civil Works

The civil works shall be designed and constructed in accordance with Council’s Engineering Standard current at the time of submission of Engineering Plans for approval by Council. Approval of Engineering Plans will be current for a period of two years after which time Council may require the alteration to the Engineering Design to comply with standard current at that date.

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Reasons

· To comply with the provisions of Byron L.E.P. 2014.

· To ensures compliance with engineering standards.

· To ensure the development is completed in accordance with conditions of consent and approved plans.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary MEETING HELD ON THURSday 24 June 2010 COMMENCING AT 10.59am AND CONCLUDING AT 6.10PM

#976100

PRESENT: Cr J Barham (Mayor), Cr B Cameron, Cr T Heeson, Cr P Morrisey, Cr S Richardson, Cr R Staples, Cr T Tabart, Cr R Tucker and Cr D Woods

Staff: Graeme Faulkner (General Manager)

Phil Holloway (Executive Manager Community Infrastructure)

Mark Arnold (Executive Manager Corporate Management)

Ray Darney (Executive Manager Environment and Planning)

Shannon McKelvey (Executive Manager Organisational Support)

Catherine Diamond (Executive Manager Society and Culture)

Phil Warner (Executive Manager Water and Recycling)

Rachael Levey/Mila Jones (Minute Taker)

The Mayor opened the meeting and acknowledged that the meeting was being held on Bundjalung Country.

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

The General Manager declared a non-pecuniary conflict of interest with Report No. 13.1, CONFIDENTIAL Code of Conduct Complaint - Reporting Outcome of Independent Review. The General Manager tabled a written declaration with the Mayor (#973721).

TABLING OF PECUNIARY INTEREST RETURNS

There were no Pecuniary Interest Returns tabled.

ADOPTION OF MINUTES FROM PREVIOUS MEETINGS

10-449 Resolved that the Minutes of the following meetings be confirmed:

· Extraordinary Meeting held on 20 May 2010

· Ordinary Meeting held on 10 June 2010 (Tucker/Staples)

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:

Executive Managers’ Reports

Community Infrastructure

11.1 BRSCC - June 2010 Milestone Report

11.2 Progress Report Northern Shire Sports Fields Strategy

11.3 Heritage (Fire Station) Park, Bangalow

11.8 Light Fleet Review

Corporate Management

11.9 Boards of Management: Mullumbimby Civic Memorial Hall and Bangalow A&I Hall

11.10 Byron Shire Council – Affordable Rural Housing Options’ Brochure and Mail Out to Rural Residents with Unlawful Dwellings

11.13 New Byron Library Project – Stage 3 Next Steps

11.16 Land Matters – Byron Bay Memorial Swimming Pool

11.17 Byron Bay Memorial Swimming Pool – Stage 2 Works

11.18 Mullumbimby Petria Thomas Pool – Excessive Water Usage

Environment and Planning

11.20 Natural Resource Management Training for Councillors & Senior Managers

11.21 PLANNING – Draft Emergency Action Plan – Coastal Zone Management Plan

11.23 PLANNING – Comparison between Byron LEP 1988 and draft Byron Shire-wide LEP of environmental protection measures

11.24 PLANNING – Bangalow Planning Proposal Public Exhibition Report

11.25 Biannual LEP Amendments

11.26 PLANNING – West Byron Urban Release Area – State Significant Site

11.31 PLANNING – Further Supplementary Report (Resolution 10-253) – 10.2008.754.1 Byron Bay Services Club 132-138 Jonson Street Byron Bay

11.32 PLANNING – Byron Bay Town Centre Bypass – Application Review

Society and Culture

11.37 Schoolies Update

Water and Recycling

11.39 Ocean Shores Roundhouse Subdivision

Confidential Reports

General Manager

13.1 CONFIDENTIAL Code of Conduct Complaint - Reporting Outcome of Independent Review

Late Reports

General Manager

14.1 Review of Committee Structure

Environment and Planning

14.2 PLANNING – 10.2009.220.1 – Subdivision (Regenesis) 950 Main Arm Road, Main Arm

14.3 PLANNING – 10.2008.159.1 – Rural Subdivision 825 Main Arm Road, Main Arm

The remaining Recommendations and Committee Recommendations were adopted as a whole, being moved by Cr Woods and seconded by Cr Heeson. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 10-450 and concluding with Resolution No. 10-487.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORTS

Report No. 11.4.

Draft Operational Plan - Pine Avenue Sports Fields, Mullumbimby

File No: ENG540000 #964087

10-450 Resolved that Council adopt the Pine Avenue Sports Fields, Mullumbimby Crown Reserve 85663 Draft Operational Plan, subject to the following changes:

a) The condition of the sports field perimeter fence be changed from ‘Good’ to ‘Fair’.

b) Item 2 in the Action Table be changed to include the construction of a club house and storage rooms, as follows:

Club House & Amenities
To provide appropriate facilities for the functioning of the club and amenities to support both passive and active recreation.

Appropriate facilities provided to encourage use of the reserve.

Construct a club house, upgrade and renovate amenities block, kiosk and storage facilities. Create perimeter fencing to the number one football field.

High

Facilities and Amenities upgraded in line with available funding.

(Woods/Heeson)

Report No. 11.5.

Bay Street, Byron Bay - Parking under the Norfolk Pine Trees

File No: ENG650000 #967972

10-451 Resolved that Council allocate $12,500 from (Council) paid parking income to provide plastic soil protection cells over the root system of the Norfolk Pine trees in Bay Street between Jonson Street and Fletcher Street. (Woods/Heeson)

Report No. 11.6.

Lighthouse Road Restoration – Calling of Tenders

File No: ENG650000 #974460

10-452 Resolved that pursuant to Section 55 of the Local Government Act 1993 and Section 166(a) of the Local Government (General) Regulation 2005, Council:

1. Authorise the calling of Tenders, subject to:

a) The completion of the detailed design and documentation for the restoration of Lighthouse Road and Boardwalk; and

b) The schedule of works for the project approval from the NSW Roads and Traffic Authority in accordance with Council’s tender estimate.

2. Resolve to use the Open Tender method by which tenders for the “Restoration of Lighthouse Road and Boardwalk” are invited by public advertisement. (Woods/Heeson)

Report No. 11.7.

Moffats Road Land Slip - Proposed Partial Remediation

File No: ENG650000 #964955

10-453 Resolved that Council endorse the proposed low cost, partial remediation of the Moffats Road Land Slip, including any necessary work on the adjoining private property.

(Woods/Heeson)

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 11.11.

Monthly Finance Report

File No: FIN100500 #971071

10-454 Resolved that Council note the Monthly Finance Report. (Woods/Heeson)

Report No. 11.12.

Investments – May 2010

File No: FIN252000 #968996

10-455 Resolved that Council receive and note the record of investments for the month of May 2010. (Woods/Heeson)

Report No. 11.14.

Deed of Agreement for Easement over Council Community Land

File No: BEN400000 187210 #959140

10-456 Resolved:

1. That Council authorise the General Manager and Mayor of Council to sign the Deed of Agreement for Easement and S88B instrument with Country Energy burdening Lot 3 DP 827049 on the terms and conditions contained in the draft as shown at Annexure 1(c) (#958317).

2. That Council authorise the General Manager and Mayor of Council to affix the seal to the Deed of Agreement for Easement and Positive Covenant intended to be created pursuant to S88B of the Conveyancing Act burdening Lot 3 DP 827049 as shown at Annexure 1(c) (#958317). (Woods/Heeson)

Report No. 11.15.

Lot 2 DP 747876 Bangalow - Former Cattle Dip Site Remediation

File No: 22180/#968831

10-457 Resolved:

1. That Council note the contents of this report.

2. That Council endorse:

a) the capping and construction of carpark and sealed road; and

b) the remediation of hot spots;

as shown in Diagram 1 of this report and described in the conclusion section of the Environmental Earth Sciences NSW report contained in Annexure 6(b) (#916462) as the preferred remediation option for the former Cattle Dip Site located at Lot 2 DP 747876 Bangalow.

3. That item 2 above, when adopted by Council as a resolution, replace resolution
06-408.

4. That Council receive a further report considering project costs and implementation based on the recommendation contained at item 2.

5. That Council carry forward the $3,640.61 balance remaining in the 2009/10 budget for Investigation Works for the Bangalow Dip Site into the 2010/11 budget as a contribution toward future costs associated with the capping and remediation of the former Bangalow Cattle Dip Site. (Woods/Heeson)

Report No. 11.19.

Mullumbimby Memorial Centre Petria Thomas Pool – Public Open Tender to establish a Management Contract

File No: BEN400000 #974365

10-458 Resolved that pursuant to Section 166(a) of the Local Government (General) Regulation 2005, Council determine to use the open tender method to establish a new contract for the management of the Mullumbimby Memorial Centre Petria Thomas Pool. (Woods/Heeson)

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORTS

Report No. 11.22.

PLANNING - Proposed Gateway Amendment to subclause 11(3) of Byron LEP 1988

File No: PLN560015 #971713

10-459 Resolved that Council forward the planning proposal contained in Annexure 15(d) (#950645) to the Department of Planning for drafting of the LEP amendment and finalisation.

(Woods/Heeson)

Crs Tucker, Woods, Heeson, Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

No Councillors voted against the motion.

Report No. 11.27.

PLANNING – Accreditation of Council Building Surveyors

File No: BLD101010 #965081

10-460 Resolved that delegation is provided to the General Manager, for the purposes of Section 5(1A) of the Building Professionals Act 2005, under the provisions of Section 377 of the Local Government Act 1993 to endorse applications for accreditation. (Woods/Heeson)

Crs Tucker, Woods, Heeson, Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

No Councillors voted against the motion.

Report No. 11.28.

Section 82A Review 10.2009.556.1 detached dual occupancy at
89 Wordsworth Street Byron Bay

File No: 100860 #955550

This matter was not determined as the development application was withdrawn by the applicant prior to the meeting.

Report No. 11.29.

PLANNING –Amended Planning Agreement “Affordable Housing” 10.2007.406.1

File No: 186530 #970405

10-461 Resolved:

1. That the Planning Agreement to which Council agreed by Council resolution 09-147 be amended to include the name of the landowner Troyvale Pty Ltd in the lists of landowners that are situated on the cover page of the Planning Agreement, on page 1 of the Planning Agreement and in the Explanatory Note to the Planning Agreement.

2. That the amended Planning Agreement be placed on public notice for 28 days.

(Woods/Heeson)

Crs Tucker, Woods, Heeson, Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

No Councillors voted against the motion.

Report No. 11.30.

PLANNING - Adoption of Local Approvals Policy

File No: COR050505 #973238

10-462 Resolved:

1. That Council adopt the Local Approvals Policy of exemption provisions and request consent from the Chief Executive, Division of Local Government, Department of Premier and Cabinet for the proposed exemptions.

2. That the adoption date and consent number, from the Chief Executive, Division of Local Government, Department of Premier and Cabinet be noted in the Local Approvals Policy. (Woods/Heeson)

Crs Tucker, Woods, Heeson, Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

No Councillors voted against the motion.

Report No. 11.33.

PLANNING – 10.2010.175.1 Boundary Adjustment 55 Granuaille Road Bangalow

File No: 64550 x 240432 #957770

10-463 Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, it is recommended that Development Application No. 10.2009.524.1, for a boundary adjustment between two adjoining allotments, be granted consent subject to the conditions listed in Annexure 31(c) #973872. (Woods/Heeson)

Crs Tucker, Woods, Heeson, Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

No Councillors voted against the motion.

ORGANISATIONAL SUPPORT – EXECUTIVE MANAGER’S REPORT

Report No. 11.34.

BSC ats Scott LEC 10170/2010

File No: COR653000 x 116950D x 80.2010.2.1 x 10.2009.81.2 #968713

10-464 Resolved that the report be noted. (Woods/Heeson)

SOCIETY AND CULTURE - EXECUTIVE MANAGER’S REPORTS

Report No. 11.35.

Positive Ageing Strategy PRG - Appointment of Community Members

File No: COR710210 #970574

10-465 Resolved that Council appoint the two recommended delegates as detailed in Annexure 8(a) (#970597) as the community representatives to the Positive Ageing Strategy PRG.

(Woods/Heeson)

Report No. 11.36.

Attach Council seal to funding agreement for Family Support Program

File No: ADM301800 #974907

10-466 Resolved that Council authorise the General Manager or Public Officer to attach the Council seal to documentation relating to the Department of Families, Housing, Community Services and Indigenous Affairs Letter of Offer under the Family Support Program, as shown at Annexure 45 (#972368). (Woods/Heeson)

Report No. 11.38.

Community Economic Development – Transition Planning for Brunswick Heads

File No: ADM402000 #964810

10-467 Resolved that Council endorse the proposed partnership with Brunswick Heads Chamber of Commerce to develop a Community Economic Transition Plan during 2010/2011, pending the success of a current funding application to be submitted by the Chamber to Industry and Investment NSW. (Woods/Heeson)

WATER AND RECYCLING – EXECUTIVE MANAGER’S REPORTS

Report No. 11.40.

Optus Telecommunications Tower Ocean Shores

File No: 124610 #970110

10-468 Resolved that Council allow Optus to submit a development application for the purpose of a mobile phone telecommunications tower Pt Lot 1454 DP 575235, which is Council owned land located at Lookout Road Ocean Shores and authorise the General Manager to sign the owners consent. (Woods/Heeson)

Report No. 11.41.

2010/11 Program and Budget - North East Waste Forum

File No: ENG450000 #971666

10-469 Resolved that the draft North East Waste Forum Operational Plan and Budget for 2010/11 contained in this report be adopted. (Woods/Heeson)

COMMUNITY INFRASTRUCTURE - COMMITTEE REPORT

Report No. 12.1.

Report of the Local Traffic Committee Meeting held on Wednesday, 2 June 2010

File No: ENG224010 #969102

1. Camp Quality Charity Bike Ride

10-470 Resolved:

1. That the Camp Quality Charity bike ride, scheduled for Saturday 4 September 2010, be endorsed with the exception of McAuley’s Lane, Myocum and instead use Coolamon Scenic Drive to access Mullumbimby and while within the town use Jubilee Avenue, Fern Street, Station Street and Argyle Street.

2. That public liability insurance be in place for the sum of at least $10 million.

(Woods/Heeson)

2. No Stopping or No Parking, Daniels Street, Byron Bay

10-471 Resolved that Council conduct a survey of the owners and tenants of the properties that have frontage, side and rear access to Daniels Street, Byron Bay regarding the proposal of ‘No Parking’ along the north side of the street, with the results and recommended action being reported back to the Local Traffic Committee and Council. (Woods/Heeson)

3. Intersection of The Esplanade and Strand Avenue, New Brighton

10-472 Resolved that in regard to the intersection of The Esplanade and Strand Avenue, New Brighton Council:

a) install a Give Way ahead advisory sign W3-2A on the existing T junction W2-3 sign on The Esplanade approach to the intersection with Strand Avenue, New Brighton;

b) install size A advisory signage W9-1A(R) on The Esplanade approach to the intersection with Strand Avenue at the commencement of the existing double barrier line; and

c) install a Give Way sign and line marking on both the Strand Avenue and car park approach to the intersection with The Esplanade in accordance with RTA directions and Australian Standards. (Woods/Heeson)

4. No Stopping, Shara Boulevard and Kallaroo Circuit, Ocean Shores

10-473 Resolved that in relation to the intersection of Shara Boulevard and Kallaroo Circuit, Ocean Shores, Council installs ‘No Stopping’:

a) on the northern side of Kallaroo Circuit from the western side of the driveway immediately east of Shara Boulevard;

b) for a length of 30 metres from 15m along the southern side of Kallaroo Circuit to 15m south on Shara Boulevard; and

c) within the median on Shara Boulevard for a length of 10m south of the intersection including bollards. (Woods/Heeson)

5. ‘No Stopping’ Deacon Street, Bangalow

10-474 Resolved that No Stopping signs be installed on the south side of Deacon Street, Bangalow at the intersection with:

a) Station Street, for a length of 10m to the west and 20m east of the car park entrance and extend the No Stopping to incorporate the entry to the car parking area.

b) Ashton Street, for a length of 10m to the west and south of the intersection.

(Woods/Heeson)

6. Proposed road closure, Variety Children’s Charity Drive

10-475 Resolved that Council approve the temporary road closure of the east end of Bay Street, Byron Bay between Fletcher Street and Middleton Street for the conclusion of the Variety Children’s Charity B-Shed (Sydney Markets) to Byron Bay charity drive on Monday 30 August 2010, subject to:

a) an accepted Traffic Control Plan being implemented by qualified personnel

b) a meeting of the advertising requirements of the Roads Act 1993

c) an event being notified on Council's website

d) a consideration of any submissions received

e) a proponent’s timely lodgement of current and appropriate levels of insurance and liability cover (Woods/Heeson)

7. Traffic Flow Operations , Lawson Lane, Byron Bay

10-476 Resolved that Council consults with the tenants and owners that have either rear or facing access to Lawson Lane, Byron Bay regarding Options 1 to 3 and in doing so provide 30 days for submissions and notify them that:

a) Council’s preference is for Option 1.

b) The results of the consultation are to be reported back to both the Local Traffic Committee and Council for further consideration. (Woods/Heeson)

8. Restricting overnight camping in local streets

10-477 Resolved that the Department of Local Government’s information regarding ‘No Parking between 1am to 5am’ signage for the whole of the Byron Bay residential area be noted.

(Woods/Heeson)

9. Blues Festival 2010, Review of Traffic Management Measures

10-478 Resolved that the information regarding the traffic aspects of the 2010 Blues Festival be noted. (Woods/Heeson)

10. Byron Bay Triathlon, 2010 event debrief

10-479 Resolved that Council note that there were no issues in relation to the 2010 Byron Bay Triathlon from a traffic perspective. (Woods/Heeson)

11. Traffic speeds and volumes, Left Bank Road, Mullumbimby

10-480 Resolved that Council implement the speed zone reduction on Left Bank Road as per the RTA approval. (Woods/Heeson)

12. Pedestrian Crossing at Entry to Clarkes Beach Caravan Park, Byron Bay

10-481 Resolved that Council staff liaise with the Land and Property Management Authority regarding the speed hump which has been line marked as a pedestrian crossing ahead of the entrance to the Clarkes Beach caravan park. (Woods/Heeson)

13. One Way Bridge, Coral Avenue, Mullumbimby

10-482 Resolved that signage and small length of centre line marking be installed as depicted on the eastern approach to the one-lane bridge at Coral Avenue, Mullumbimby.

(Woods/Heeson)

14. No Stopping Request, Marine Rescue Shed Boat Ramp, Brunswick Heads

10-483 Resolved that Council staff write to the Land and Property Management Authority seeking concurrence for the installation and enforcement of No Stopping signage in the informal, gravel parking area adjacent to the Marine Rescue shed at the boat ramp in Brunswick Heads. (Woods/Heeson)

15. RTA approval of Speed Zone Reductions and Proposed Implementation

10-484 Resolved that the information provided regarding RTA approval of changes to speed zone limits and their proposed implementation along Mullumbimby Road, Left Bank Road and Tyagarah Road be noted. (Woods/Heeson)

COMMUNITY INFRASTRUCUTRE - CONFIDENTIAL REPORT

Report No. 13.2.

CONFIDENTIAL Land Acquisition Wilson's Creek Road

File No: ENG650000 #965600

10-485 Resolved that in relation to land acquisition at 870 Wilson’s Creek Road (Lot 6 DP 818726), Council authorise, subject to the parties entering an acceptable Deed of Agreement:

a) Acquisition of land as detailed in this report and on the terms set out in Confidential Annexure 33(d) (#974217).

b) Affixing the Council seal to all necessary documents that affect the acquisition.

(Woods/Heeson)

CORPORATE MANAGEMENT - CONFIDENTIAL REPORT

Report No. 13.3.

CONFIDENTIAL Potential Unauthorised Rural Development Matter

File No: 239539G #971000

10-486 Resolved:

1. That Council authorise the General Manager to continue with enforcement action against the registered landowner and its director, requiring cessation of unauthorised use of the property, demolition or decommissioning, as determined appropriate by the General Manager, of all unauthorised structures and development, and removal of all waste and potential sources of pollution from the property.

2. That Council confirm that the authorisation in part 1, extends to and includes authorisation to commence Class 4 enforcement proceedings in the Land and Environment Court.

3. That Council note that the landowner and its director will be advised of the resolution of the Council. (Woods/Heeson)

WATER AND RECYCLING - CONFIDENTIAL REPORT

Report No. 13.4.

CONFIDENTIAL Brunswick Sewerage Scheme - Project Management Services

File No: ENG701030 #970178

10-487 Resolved:

1. That Council approve an increase to the budget allocation for the project management contract for the Brunswick Area Sewerage Augmentation Scheme to the value specified in this report.

2. That the report and Annexure of the closed part of the meeting remain confidential until project completion. (Woods/Heeson)

PROCEDURAL MOTION

10-488 Resolved that the order of business be changed to discuss Report Nos 11.24, 11.25, 14.2, 14.3, 11.39, 11.13, 11.23, 14.1 next on the agenda with Report No. 13.1 being considered as the last item of the day. (Tabart/Tucker)

The motion was put to the vote and declared carried.

ITEMS RESERVED FOR DEBATE

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORT

Report No. 11.24.

PLANNING - Bangalow Planning Proposal Public Exhibition Report

File No: PLN560005 #971943

10-489 Resolved:

1. That Council note the Public Exhibition Report.

2. That Council proceed with the Bangalow Planning Proposal as follows:

a) Area 2 & 3: proceed unchanged

b) Area 4 North: proceed unchanged

c) Area 4 South: proceed unchanged

d) Area 6: proceed unchanged

e) Area 7: proceed unchanged

and send to the Department of Planning for drafting of the LEP amendment and finalisation.

3. That Council advise the Department of Planning of their consideration of the public exhibition submissions and Areas to proceed or be deferred as detailed in (2) above.

4. That Council advise the landowners of the decision.

5. That Council note that Section 94 funds are available for Roads (including cycleways and footpaths) in Bangalow and that expenditure of these funds be pursued as a matter of urgency on the Rifle Range Road/ Lismore Road Intersection irrespective of the Planning proposal proceeding.

6. That Council proceed to prepare Development Control Plans for Areas 2, 3, 4 North, 4 South, 6 and 7. (Tucker/Woods)

AMENDMENT

Moved:

1. That Council note the Public Exhibition Report.

2. That Council proceed with the Bangalow Planning Proposal as follows:

a) Area 2 & 3: proceed unchanged

b) Area 4 North: defer until further noise reports can indicate EPA standards can be achieved for residential occupation given the location of the existing and proposed Pacific Highway

c) Area 4 South: defer until further noise reports can indicate EPA standards can be achieved for residential occupation given the location of the existing and proposed Pacific Highway

d) Area 6: proceed unchanged

e) Area 7: proceed unchanged

and send to the Department of Planning for drafting of the LEP amendment and finalisation.

3. That Council advise the Department of Planning of their consideration of the public exhibition submissions and Areas to proceed or be deferred as detailed in (2) above.

4. That Council advise the landowners of the decision.

5. That a further report be furnished detailing proposed use of Section 94 funding for roads, cycleways and pathways in Bangalow.

6. That Council proceed to prepare Development Control Plans for Areas 2, 3, 6 and 7.

(Staples/Cameron)

The amendment was put to the vote and declared lost.

Crs Tucker, Woods, Heeson, Richardson, Tabart and Morrisey voted against the amendment.

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Barham, Richardson, Tabart and Morrisey voted in favour of the motion.

Crs Staples and Cameron voted against the motion.

Report No. 11.25.

Biannual LEP Amendments

File No: PLN560000 #958403

10-490 Resolved that Council resolve the Bangalow request for Sites 1 to 15 as follows:

a) That Site 1 (Lot 101 DP 1127017 Granuaille Crescent) be deferred for future consideration as further land releases in Bangalow are unnecessary due to current planning proposals for residential land now being considered by Council.

b) That before Site 1 is considered for inclusion in a future planning proposal to rezone the land to residential negotiations are held with Council to determine the most feasible outcome in respect of part of the site being used for a public lookout.

c) That a detailed geotechnical and landslip assessment be undertaken to assess the Site’s potential for rezoning, particularly in relation to on-site water storage.

d) That a site specific DCP be developed in tandem with the planning proposal to ensure development impacts related to aesthetics, drainage, and slope are minimised and issues such as public open space and connectivity are addressed.

e) That Sites 2 to 14 (as per addresses listed below) proceed (following a preliminary contamination survey), as a separate planning proposal through the gateway process as they will be rezoned for residential purposes as part of the 1988 Shire-wide LEP.

Addresses: Site 2 - Lot 2 DP 556714 - 55 Granuaille Road

Site 3 - Lot 14 DP 5938 - Granuaille Road

Site 4 - Lot 13 DP 5938 - Granuaille Road

Site 5 - Lot 12 DP 5938 - Granuaille Road

Site 6 - Lot 11 DP 5938 - Granuaille Road

Site 7 - Lot 1 DP 29127 - Granuaille Road

Site 8 - Lot 1 DP 556714 - 57 Granuaille Road

Site 9 - Lot 15 DP 853050 - 11 Hanlon Court

Site 10 - Lot 14 DP 853050 - 9 Hanlon Court

Site 11 - Lot 23 DP 801442 - Granuaille Crescent

Site 12 - Lot 19 DP 853050 - 12 Hanlon Court

Site 13 - Lot 88 DP 1011009 - 11 Barby Crescent

Site 14 - Lot 18 DP 853050 - Hanlon Court

f) That on the basis of the initial land contamination evaluation for Sites 7 to 10 they be included in the Shire-wide LEP to rezone from 1(b1) Agriculture Protection Zone to a residential zone and that the findings of this initial evaluation be noted in Councils Land Contamination Register.

g) That the appropriate zoning for Site 15 (PT99 DP 1016338 - Granuaille Crescent) be deferred in line with the future consideration of Site 1. (Woods/Staples)

The motion was put to the vote and declared carried.

Cr Cameron voted against the motion.

FORESHADOWED MOTION

10-491 Resolved that Council defer consideration of the request to rezone lots 354 and 355 DP 755687 (Cassons Rd New Brighton) subject to receiving a further report with more information regarding zonings, tenure and access. (Staples/Richardson)

The motion was put to the vote and declared carried.

Crs Tucker, Woods and Heeson voted against the motion.

FORESHADOWED MOTION

10-492 Resolved that a Planning Proposal, funded by the applicant, be prepared to amend the Byron 1988 LEP to provide for a dwelling entitlement under Schedule 7 for Lot 438 DP 729107 including the road reserve to the west. (Staples/Barham)

The motion was put to the vote and declared carried.

LATE REPORTS - ENVIRONMENT AND PLANNING

Report No. 14.2.

PLANNING – 10.2009.220.1 – Subdivision (Regenesis) 950 Main Arm Road, Main Arm

File No: 214550, 240324 #858356

Moved: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979,development application No. 10.2009.220.1, for Subdivision to create 12 residential lots, 1 commercial lot, 1 open space lot and a community title subdivision creating 13 rural residential lots and 1 community lot, be granted consent subject to amendments and conditions listed in Annexure 29(c) #973587, including the following amendments:

i) Delete CT lots R1, R2, R3 and R4.

ii) Delete village lots V11 and V12

iii) Delete the commercial lot.

Due to the waste water units and proximity to Blindmouth Creek. (Cameron/Richardson)

10-493 Resolved that this item rest on the table until consideration of Report No. 14.3. PLANNING – 10.2008.159.1 – Rural Subdivision 825 Main Arm Road, Main Arm. (Barham/Staples)

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

No Councillors voted against the motion.

Report No. 14.3.

PLANNING – 10.2008.159.1 – Rural Subdivision 825 Main Arm Road, Main Arm

File No: Parcel No 49280 and 239480 #973768

Moved: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application No. 10.2008.159.1 for rural subdivision (comprising of an 8 lot torrens title subdivision and a 14 lot community title subdivision incorporating 13 rural residential allotments and a neighbourhood allotment), be granted subject to the conditions listed in Council’s business paper 11 February, 2010 as Annexure 3(h) #927974 subject to an additional condition deferred commencement requiring the submission of an amended plan for approval that:

i) Deletes V3, V4, V5, V6 and V7 due to insufficient waste water buffers.

ii) Does not provide for access to V8 to be directly from Main Arm Road due to adverse impacts on stormwater management.

iii) No driveway or other structure to be built over drainage channel including for the purpose of providing access to V8 due to adverse impacts on stormwater management.

(Cameron/Richardson)

The meeting adjourned for lunch at 12.43pm and reconvened at 1.22pm.

The motion was put to the vote and declared lost.

Crs Tucker, Woods, Heeson, Barham and Tabart voted against the motion.

FORESHADOWED MOTION

10-494 Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application No. 10.2008.159.1 for rural subdivision (comprising of an 8 lot torrens title subdivision and a 14 lot community title subdivision incorporating 13 rural residential allotments and a neighbourhood allotment), be granted approval subject to the conditions listed in Council’s business paper 11 February, 2010 as Annexure 3(h) #927974.

(Tucker/Woods)

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Barham, Richardson and Tabart voted in favour of the motion.

Crs Staples, Cameron and Morrisey voted against the motion.

PROCEDURAL MOTION

10-495 Resolved that Report No. 14.2 be lifted from the table. (Woods/Barham)

The motion was put to the vote and declared carried.

LATE REPORT – ENVIRONMENT AND PLANNING

Report No. 14.2.
continued

PLANNING – 10.2009.220.1 – Subdivision (Regenesis) 950 Main Arm Road, Main Arm

File No: 214550, 240324 #858356

Moved: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application No. 10.2009.220.1, for Subdivision to create 12 residential lots, 1 commercial lot, 1 open space lot and a community title subdivision creating 13 rural residential lots and 1 community lot, be granted consent subject to amendments and conditions listed in Annexure 29(c) #973587 and subject to an additional deferred commencement condition requiring the submission of an amended plan for approval that:

i) Deletes CT lots R1, R2, R3 and R4 due to not meeting waste water buffer standards under the Byron Rural Settlement Strategy as well as location on prime agricultural land.

ii) Deletes village lots V11 and V12 due to the proximity of waste water units to Blindmouth Creek.

iii) Delete the commercial lot due to the proximity of waste water units to Blindmouth Creek.

(Cameron/Richardson)

The motion was put to the vote and declared lost.

Crs Tucker, Woods, Heeson, Barham, Tabart voted against the motion.

FORESHADOWED MOTION

10-496 Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application No. 10.2009.220.1, for Subdivision to create 12 residential lots, 1 commercial lot, 1 open space lot and a community title subdivision creating 13 rural residential lots and 1 community lot, be granted consent subject to conditions listed in Annexure 29(c) #973587. (Tucker/Woods)

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Barham, Richardson and Tabart voted in favour of the motion.

Crs Staples, Cameron and Morrisey voted against the motion.

WATER AND RECYCLING – EXECUTIVE MANAGER’S REPORT

Report No. 11.39

Ocean Shores Roundhouse Subdivision

File No: 24.2007.2.1 x 62240G #971627

10-497 Resolved:

1. That Council defers any decisions regarding the proposed plan for the Roundhouse Subdivision (#972745) for six months.

2. That Council allows for an on site Community Open Day, on a date agreeable to all potential parties, to be organised by the Ocean Shores Community Association.

3. That Council, within the six months deferral period, receives from the Roundhouse Action group, a Community Business Plan outlining alternative proposals for the site including proposals for a split division of the land into community and residential.

4. That the Community Business Plan:

a) clearly outlines the level of support within the Ocean Shores community for such a Community Business Plan and processes in place to ascertain this level of support.

b) outlines community fundraising possibilities and strategies to assist the funding of buildings/infrastructure. (Richardson/Tabart)

AMENDMENT

Moved:

1. That Council endorse the proposed plan for the Roundhouse Subdivision as at Annexure 18(a) (#972745).

2. That Council approve the proposed disposal of interest in land and acquisition of easements as detailed in the proposed agreement and plan Annexures 18(d) (#958020) and 18(e) (#958050) and the affixing of the council seal to all necessary documents that effect the acquisition.

3. That Council delegate to the General Manager authority to finalise the agreement with the Ocean Shores Country Club and to attach Council’s seal to all documentation necessary to give effect to and implement the agreement.

4. That subject to finalisation of the agreement with the Ocean Shores Country Club, Council approves tenders being called for construction of the subdivision works by open tendering.

5. That Council allocate a budget of $1,276,500 for the project to be funded by loans of $985,000, contributions from the Ocean Shores Country Club of $227,000 and working funds of $65,000 with lots 10 and 11 being set aside for community open space (1673sqm).

6. That Council resolve to sell sufficient lots as soon as possible to repay the loan of $985,000 and replenish the working funds by $65,000.

7. That Council receive a report on marketing of the subdivision. (Barham/Morrisey)

The amendment was put to the vote and declared lost.

Crs Tucker, Woods, Heeson, Staples, Cameron and Richardson voted against the amendment.

The motion was put to the vote and declared carried.

Crs Tucker, Barham, Tabart and Morrisey voted against the motion.

PROCEDURAL MOTION

10-498 Resolved that the order of business be changed to deal with Report No 11.8 next on the agenda. (Barham/Tucker)

The motion was put to the vote and declared carried.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORT

Report No. 11.8.

Light Fleet Review

File No: ENG550000 x COR050505 #967923

10-499 Resolved:

1. That Council adopt the Light Fleet Vehicle Policy at Annexure 42(a) (#974803) with the following amendments:

a) Para. 1 Policy Statement, delete “and attract and maintain staff”

b) Para. 2.1 (b) insert ‘"economy and environmental' before the word "sustainability"

c) Para.6.1 insert after “regard will be had to” – ‘maximising standardisation of vehicle type,’ ...

d) Para. 6.3 insert after “vehicles will be” – ‘two wheel drive, four cylinder’, and after “wagons” – ‘unless varied by the GM for operational requirements’.

e) Insert new Para 7, renumber rest. ‘New Para. 7, Procurement and Disposal Arrangements

f) New 7.1 ‘Economies of scale are to be achieved by strict standardisation of vehicle type, minimising contracts and maintaining flexibility in disposal procedures to maximise returns.’

2. Annexures 42(b) and 42(c) to reflect changes in annexure 42(a).

3. That the Internal Auditor's brief regarding the Vehicle Fleet be expanded to include 'examine and report on any weakness in the system or method of control of the current vehicle fleet operation.

4. That Council note the intended further review of both light and heavy fleet, with the costs of same to be funded from the Plant Reserve.

5. The following to be considered to be introduced to new contracts - Add new 8.3 ‘Records of daily distance travelled by all vehicles will be maintained by drivers on a trip by trip, Council/private format and collated on a monthly basis by fleet management, lease payments will be based on the percentages of distance travelled for Council and private use.’ (Tabart/Richardson)

10-500 Resolved that Cr Tabart be granted a two minute extension to his speech. (Staples/Barham)

The motion was put to the vote and declared carried.

The motion (Tabart/Richardson) was put to the vote and declared carried.

Crs Tucker voted against the motion.

PROCEDURAL MOTION

10-501 Resolved that the order of business be changed to deal with Report Nos. 11.21, 11.17 and 11.13 next on the Agenda. (Tucker/Woods)

The motion was put to the vote and declared carried.

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORT

Report No. 11.21.

PLANNING - Draft Emergency Action Plan – Coastal Zone Management Plan

File No: PLN360600 #969682

10-502 Resolved that Council amend the adopted Coastal Zone Management Plan for Byron Shire Coastline, Part B - Emergency Action Plan in Annexure 28 (#974793) to clarify
Table 2-1 Roles and responsibilities during the coastal erosion event before or in the absence of a combat agency managing the event as follows.

Agency

Trigger for action

Scope of actions and limitations

NSW Police

Request for assistance from LEOCON

§ Whilst Police have statutory powers to take action any such action would be as per LEOCON request

(Barham/Staples)

The motion was put to the vote and declared carried.

Crs Tucker, Heeson, Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

Cr Woods voted against the motion.

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 11.17.

Byron Bay Memorial Swimming Pool - Stage 2 Works

File No: 187220 #951673

10-503 Resolved:

1. That Council fund the Byron Bay Memorial Swimming Pool stage two works totalling $146,700 from:

a) Section 94 Pre Plan, Byron Bay Catchment $28,700

b) Footpath Dining Reserve $60,300

c) Caravan Park Reserve $20,800

d) Infrastructure Reserve $36,900

2. That Council receive a report on ongoing financial and operational sustainability of the Byron Bay Memorial Swimming Pool that addresses the question of whether continued operation of the existing facility is viable or not. (Cameron/Tabart)

AMENDMENT

Moved:

1. That Council fund the Byron Bay Memorial Swimming Pool stage two works totalling $146,700 from:

e) Section 94 Pre Plan, Byron Bay Catchment $28,700

f) Footpath Dining Reserve $60,300

g) Caravan Park Reserve $20,800

h) Infrastructure Reserve $36,900

2. That Council note the proposed stage 3 works necessary to maintain reliable swimming pool operations and the indicative costs of those works. (Tucker/Woods)

The meeting adjourned at 4.15pm for a break and reconvened at 4.35pm. Cr Woods did not return until later in the meeting.

The amendment was put to the vote and declared tied.

Crs Staples, Barham, Cameron, Morrisey voted against the amendment.

The Mayor used her casting vote against the amendment.

Cr Woods was not present for the vote.

The motion was put to the vote and declared carried.

Crs Tucker and Heeson voted against the motion.

Cr Woods was not present for the vote.

FORESHADOWED MOTION

10-504 Resolved that Council investigate and prepare a report on the use of colloidal silver as part of the water treatment process. (Richardson/Barham)

The motion was put to the vote and declared carried.

Cr Woods was not present for the vote.

Report No. 11.13.

New Byron Library Project – Stage 3 Next Steps

File No: BEN551000#971277

10-505 Resolved:

1. That Council note the contents of this report.

2. That Council endorse the changes to the southern wall of the Arakwal room and adjacent verandah to comply with Building Code of Australia egress requirements, as shown in Annexure 25(a) (#972055).

3. That Council endorse the changes to car parking layout to accommodate the Building Code of Australia requirements for a Fire Hydrant and compliant disabled car parking space, as shown in Annexure 25(a) (#972055).

4. That pursuant to section 166(a) of the Local Government (General) Regulations 2005, Council determine to use the open tender method to establish a construction contract for the New Byron Bay Library building.

5. That pursuant to section 166(a) of the Local Government (General) Regulations 2005, Council determine to use the open tender method to establish a compensatory habitat contract for Lot 206 DP 755695 Skinners Shoot Road, Byron Bay as required by development consent 10.2009.219.1, condition 45.

6. That Council authorise Stephenson and Turner to:

a) complete the contract documentation required for the Byron Bay Library Construction Contract tender specification.

b) undertake the final stages for the Byron Bay Library project subject to securing capital funding including:

i) Construction Contract Tendering Process;

ii) Construction Contract administration; and

iii) Post construction administration.

7. That item 6 above when adopted by Council as a resolution replace part 5 of resolution 08-777. (Barham/Staples)

Cr Woods returned to the meeting at 4.40pm.

The motion was put to the vote and declared carried.

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORTS

Report No. 11.23.

PLANNING - Comparison between Byron LEP 1988 and draft Byron Shire-wide LEP of environmental protection measures

File No: PLN559000 #972724

Moved:

1. That Council note the contents of this report.

2. That the E1 zone include all Crown Land and Council land with native vegetation:

i) In the vicinity of Taylors Lake

ii) Behind Byron High School

iii) West of railway line at Lillypilly

iv) In the vicinity of Paterson Hill and/or adjacent to Arakwal NP.

v) Around the Clarks Beach Caravan Park.

vi) On the ridge above Wategoes, encompassed by Palm Valley Drive

vii) On and adjacent to the Butler St Reserve

viii) Adjacent to Belongil Creek and/or Cumbebin Swamp NR

ix) Between the mouth of Belongil Creek and Tyagarah NR.

x) Between Sunrise Beach and the railway line.

xi) Adjacent to the Brunswick Heads NR and/or Brunswick River.

xii) Adjacent to Marshalls Creek and/or associated reserves.

3. That the E1 zone include Shorebird areas (based on lands identified by CEA) that are on Crown or Council lands.

4. That the E2 zone include:

i) Oldgrowth Forest, being forest mapped with >10% senescence.

ii) All mapped native ecosystems (excluding Acacia spp., and undifferentiated regrowth and bushland) with less than 50% weeds in understorey, subject to a desktop review of those ecosystems with 20-50% weeds in understorey to exclude the most heavily disturbed areas.

iii) All native vegetation on floodplains with less than 50% weeds in understorey.

iv) All mapped Endangered Ecological Communities (i.e. rainforest on floodplain, swamp sclerophyll on floodplain, Byron Bay Dwarf Graminoid Clay Heath, Saltmarsh).

v) All SEPP 26 lands.

vi) All SEPP 14 lands.

vii) Shorebird areas (based on lands identified by CEA) not included in E1.

viii) Flying fox colonies.

ix) All native vegetation within 20metres of all named streams (extended to their headwaters so as to maximise connectivity).

x) All native vegetation within 100m of existing National Parks, Marine Parks and Nature Reserves.

xi) All native vegetation within the Jones Road corridor from Billinudgel NR to Inner Pocket NR and within the Byron Bay section of the coastal corridor (based on the lands identified by CEA).

xii) All mapped vegetation (excluding “cultural vegetation”, cleared areas and “open water:”) within a 50m radius buffer of each known locality of a threatened plant (including endangered and vulnerable plants on both state and federal lists).

5. That, in addition to other features, the E3 zone include:

i) All mapped native ecosystems not included in E2.

ii) All native vegetation on floodplains not included in E2.

iii) All lands within 20metres of all named streams (extended to their headwaters) not included in E2.

iv) All lands within 100m of existing National Parks, Marine Parks and Nature Reserves not included in E2.

v) All of the Jones Road corridor from Billinudgel NR to Inner Pocket NR and within the Byron Bay section of the coastal corridor (based on lands identified by CEA), not included in E2.

6. That, in addition to other features, the W1 zone include:

i) all relevant Cape Byron Marine Park sanctuary zones and Belongil and Tallow Creek Special Purpose Zones, not included in E1. (Richardson/Barham)

AMENDMENT

10-506 Resolved that the report be noted. (Cameron/Tucker)

The amendment was put to the vote and declared carried.

Crs Staples, Barham, Richardson and Tabart voted against the amendment.

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

Crs Tucker, Woods, Heeson, Cameron and Morrisey voted in favour of the motion.

Crs Staples, Barham, Richardson and Tabart voted against the motion.

FORESHADOWED MOTION

10-507 Resolved that Council clarifies that section 1(d) of Resolution No 10-190 includes the 20 metre buffers on either side of the watercourses shown on the maps to be retained as E2 as per the existing methodology. (Cameron/Staples)

The motion was put to the vote and declared carried.

Crs Staples, Barham, Cameron, Richardson, Tabart and Morrisey voted in favour of the motion.

Crs Tucker, Woods and Heeson voted against the motion.

GENERAL MANAGER’S REPORTS

Report No. 13.1.

CONFIDENTIAL Code of Conduct Complaint - Reporting Outcome of Independent Review

File No: COR403040 #969647

The General Manager left the meeting at 5.45pm in accordance with his earlier declared conflict of interest. The Executive Manager Organisational Support took the Chair.

10-508 Resolved:

1. That pursuant to the Department of Local Government Guidelines (October 2008) on the Model Code of Conduct regarding consideration of conduct review reports, this matter be dealt with in open session.

2. All papers and reports on this matter be declassified for general release unless it can be demonstrated, with appropriate legal advice, that any part of this documentation should be maintained as confidential.

3. That in the event that any of the documentation is deemed to be confidential then this/these documents only be excluded from open session discussion. (Tabart/Staples)

Cr Morrisey left the meeting at 5.45pm.

The motion was put to the vote and declared carried.

Cr Tucker voted against the motion

Cr Morrisey was not present for the vote.

Moved:

1. That Council note the Confidential Report of a Review into Allegations of a Breach of the Code of Conduct, by Bronwyn Connolly, Sole Reviewer, dated May 2010 at Annexure 43(a) (#969657).

2. That Council note the preliminary legal advice received from Council’s solicitors dated 9 October 2009 at Annexure 43(e) (#897292).

3. That Council determines:

a) that there has been no breach of clauses 10.9 and/or 10.10 of the Code of Conduct; and

b) that no sanction is applied.

4. That the report and annexures become public documents as of 2 July 2010.

(Staples/Richardson)

Cr Morrisey returned to the meeting at 5.50pm.

AMENDMENT

10-509 Resolved:

1. That Council note the Confidential Report of a Review into Allegations of a Breach of the Code of Conduct, by Bronwyn Connolly, Sole Reviewer, dated May 2010 at Annexure 43(a) (#969657).

2. That Council note the preliminary legal advice received from Council’s solicitors dated 9 October 2009 at Annexure 43(e) (#897292).

3. That Council determines:

a) that there has been no breach of clauses 10.9 and/or 10.10 of the Code of Conduct; and

b) that no sanction is applied.

4. That the report and annexure 43(a) be declassified to become public documents.

(Tucker/Woods)

10-510 Resolved that the meeting be extended past 6.00pm to complete this matter.

(Staples/Tabart)

The motion was put to the vote and declared carried.

The amendment was put to the vote and declared carried.

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

The Meeting closed at 6.10pm. The remaining items were referred to the Extraordinary Meeting held on 1 July 2010.

NOTICES OF MOTION

8.1	Graffiti Removal
8.2	Formalise Existing One Lane Only Section of Mafeking Road Goonengerry

EXECUTIVE MANAGERS' REPORTS

Community Infrastructure

11.1.	BRSCC - June 2010 Milestone Report
11.2.	Progress Report Northern Shire Sports Fields Strategy
11.3.	Heritage (Fire Station) Park, Bangalow
11.9.	Boards of Management: Mullumbimby Civic Memorial Hall and Bangalow A&I Hall
11.10.	Byron Shire Council - Affordable Rural Housing Options' Brochure and Mail Out to Rural Residents with Unlawful Dwellings
11.16.	Land Matters - Byron Bay Memorial Swimming Pool
11.18.	Mullumbimby Petria Thomas Pool – Excessive Water Usage

Environment and Planning

11.20.	Natural Resource Management Training for Councillors and Senior Managers
11.26.	PLANNING – West Byron Urban Release Area – State Significant Site
11.31.	PLANNING – Further Supplementary Report (Resolution 10-253)- 10.2008.754.1 Byron Bay Services Club 132-138 Jonson Street Byron Bay
11.32.	PLANNING – Byron Bay Town Centre Bypass – Application review

Society And Culture

11.37.

Schoolies Update

LATE REPORTS

General Manager

14.1	Review of Committee Structure

Corporate Management

14.4.

Land Exchange with Land and Property Management Authority (LPMA)

Society And Culture

14.5.

Draft Youth Policy

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 12 August 2010.

…………………………

Mayor Jan Barham

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary MEETING HELD ON THURSday 25 august 2011 COMMENCING AT 10.30am AND CONCLUDING AT 4.20PM

#1130373

PRESENT: Cr P Morrisey (Deputy Mayor), Cr B Cameron, Cr T Heeson, Cr S Richardson, Cr R Staples, Cr T Tabart, Cr R Tucker and Cr D Woods

Staff: Phil Warner (Acting General Manager)

Phil Holloway (Executive Manager Community Infrastructure)

Mark Arnold (Executive Manager Corporate Management)

Ray Darney (Executive Manager Environment and Planning)

Catherine Diamond (Executive Manager Society and Culture)

Melissa Moore/Joylene McNamara (Minute Taker)

The Deputy Mayor opened the meeting and acknowledged that the meeting was being held on Bundjalung Country.

APOLOGIES: There was an apology received from Cr Jan Barham.

11-644 Resolved that the apology from Cr Barham be accepted and leave of absence granted.

(Tucker/Morrisey)

The motion was put to the vote and declared carried.

REQUESTS FOR LEAVE OF ABSENCE

There were no requests for leave of absence.

DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY

There were no declarations of interest.

TABLING OF PECUNIARY INTEREST RETURNS

Cr Woods tabled a pecuniary interest return.

ADOPTION OF MINUTES FROM PREVIOUS MEETINGS

11-645 Resolved that the Minutes of the Ordinary Meeting held on 11 August 2011 be confirmed.

(Tucker/Woods)

The motion was put to the vote and declared carried.

RESERVATION OF ITEMS FOR DEBATE AND ORDER OF BUSINESS

The Deputy Mayor suspended standing orders to allow for items to be reserved for debate, being:

General Manager’s Report

11.1. Management Plan Review 2010-2013 – period April to June 2011

Executive Managers’ Reports

Community Infrastructure

11.2. Tender for Surf Live Saving Services

11.3. Commercial Bins in the Lawson Street (North) Car Park, Byron Bay

11.4. Byron Shire Rural Roads and Roadside Land Management Plan

11.5. Bangalow Skatepark Feasibility

Corporate Management

11.10. Council Resolutions Review for the period April to June 2011

11.11. Carryovers for inclusion in 2011/12 Budget

11.12. Establishment of Australia Day 2012 Project Reference Group

11.13. Election of Deputy Mayor

11.14. Markets - Licence Extension

11.19. Donations to Community Organisations, Other Groups and Persons for 2011/12 - S356 LG Act 1993

Environment and Planning

11.20. PLANNING - Outcome of Bangalow Community Consultation held 27 June 2011

11.22. PLANNING - Submissions Report on dwelling entitlement planning proposal for Lot 438 DP 729107 Broken Head Road, Byron Bay (LEP Amendment No 150)

11.24 PLANNING - DA 10.2010.603.1 Shops and affordable housing development comprising 14 residential units at 9-13 Clifford Street Suffolk Park

Society and Culture

11.25. New Year's Eve 2011

Committee Reports

Community Infrastructure

12.1. Local Traffic Committee Meeting held Wednesday 3 August 2011

12.1.4. Assessment of traffic facility, 59 Tennyson Street, Byron Bay

12.1.5. Reassessment of proposed B-Double route, Ewingsdale Road, Byron Bay

12.1.9. Late Item - Requested removal of 2P from 110 Stuart Street, Mullumbimby

Late Reports

Corporate Management

14.1. Budget Review 1 April – 30 June 2011

The remaining Recommendations and Committee Recommendations were adopted as a whole, being moved by Cr Morrisey and seconded by Cr Tucker. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 11-646 and concluding with Resolution No. 11-669.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORTS

Report No. 11.6.

2011/12 Plant Replacement Program

File No: ENG550000 #1122787

11-646 Resolved:

1. That the ten (10) year Plant Replacement Program as detailed in Annexure 21 (#1128814) be endorsed.

2. That the 2011/12 Plant Replacement Program as detailed in Table 1 of this report be approved.

3. That pursuant to part 7 of the Local Government (General) Regulation 2005, the open tendering method be used for any tenders for plant purchases required under section 55 of the Local Government Act 1993. (Morrisey/Tucker)

Report No. 11.7.

Proposed Grant Applications for Department of Sport and Recreation Funding

File No: ENG540000 #1125768

11-647 Resolved that in relation to the grant application projects identified in resolution 11-283 for the 2011/12 Sport and Recreation Facility Grant Program, which included:

“ (a) Brunswick AFL / Soccer / Cricket Field - install roofs on grandstands

(b) Tom Kendall Oval, New Brighton - replace fence on northern, western and southern boundary

(c) Tom Kendall Oval, New Brighton - two portable grandstands

(d) Pine Ave No. 1 Soccer Field, Mullumbimby - upgrade existing light fittings

(e) Bangalow AFL and Soccer field - upgrade existing light fittings

(f) Eureka Cricket / Soccer Field - construct shade sails in front of canteen ”

1. Staff investigate other potential funding opportunities to support the projects identified in Report 12.9 Ordinary Meeting 14 April 2011 and if any are identified that would not have additional costs to Council, they be pursued.

2. Staff ensure that details required for the projects identified in resolution
11-283 be finalised to ensure that all can be submitted if another round of funding is announced.

3. Staff review the internal processes for the preparation and development of projects considered eligible for annual funding schemes.

4. Staff prepare a prioritised list on an annual basis of projects for potential consideration well in advance of the known application periods. (Morrisey/Tucker)

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 11.8.

Mayor and Councillors Payment of Expenses and Provision of Facilities Policy 1.1

File No: COR050505 #1120085

11-648 Resolved:

1. That in accordance with Section 253(5) of the Local Government Act 1993, Council gives public notice of its intention to adopt Policy 1.1 Mayor and Councillors Payment of Expenses and Provision of Facilities as shown at Annexure 5 (#1120094) and allow at least 28 days for the making of public submissions.

2. That after the exhibition period any submissions received on the Policy will be reported back to Council. In the event that no submissions are received the Policy will be adopted.

(Morrisey/Tucker)

Report No. 11.9.

Draft Amended Code of Meeting Practice Policy - adoption following public exhibition

File No: COR050504 #1119984

11-649 Resolved that Council adopt the amendment to “Schedule A” of the Draft Code of Meeting Practice Policy 1.8, as detailed at Annexure 4 (#1119963) which includes “Submissions and Grants” in the “Order of Business” in Ordinary meeting agendas. (Morrisey/Tucker)

Report No. 11.15.

Exemption from Adopted Fees and Charges in certain circumstances

File No: BLD251010 #1121516

11-650 Resolved:

1. That in accordance with Section 610F of the Local Government Act 1993, Council advertise for a period of 28 days inviting submissions from the public to a proposal to amend its 2011/2012 Fees and Charges to exempt the $340.00 fee applicable to Service of Orders in circumstances where such Orders are issued in regard to fire safety upgrades instigated by Council as part of its proactive fire safety regime.

2. That should no submissions be received Council amend its 2011/2012 Fees and Charges as indicated in recommendation 1.

3. If submissions are received from the public then these are to be reported back to Council for consideration. (Morrisey/Tucker)

Report No. 11.16.

Proposed New Year’s Eve 2011 Alcohol Prohibition for Byron Bay and Brunswick Heads

File No: BLD991000 #1118590

11-651 Resolved:

1. That Council adopt the proposal to prohibit alcohol within the designated areas in Byron Bay and Brunswick Head as shown in Location Plans A and B for New Year’s Eve 2011 - 2012, for a period of 18 hours between 12 noon on Saturday 31 December 2011 to 6am Sunday 1 January 2012, under combined provisions (sections 632, 642-8) of the Local Government Act 1993 (Annexure 7(a) #1118598).

2. That Council undertake the necessary public exhibition, advertising, installation of temporary signs (under S632 (2)(e) of the Local Government Act)(Annexure 7(b) #1121897) and consultation to apply the carrying and consumption of alcohol prohibition for the New Year’s Eve period. (Morrisey/Tucker)

Report No. 11.17.

Investments – July 2011

File No: FIN252000 #1121069

11-652 Resolved that Council receive and note the record of investments for the month of July 2011.

(Morrisey/Tucker)

Report No. 11.18.

Compliance Services Status Report as at 1 August 2011

File No: COR652000 #1070261

11-653 Resolved that this report be noted. (Morrisey/Tucker)

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORTS

Report No. 11.21.

PLANNING – DA 10.2011.151.1 Boundary Adjustment two lots at 17-18 Kamala Court, Coopers Shoot

File No: Parcel No 198810x198820 #1087558

11-654 Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2011.151.1 for boundary adjustment - 2 lots (including SEPP 1 objection), be granted consent subject to the conditions listed in Annexure 19(b) #1126374.

(Morrisey/Tucker)

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Staples, Cameron, Richardson, Morrisey and Tabart voted in favour of the motion.

No Councillors voted against the motion.

Report No. 11.23.

Management issues relating to flying foxes in urban areas

File No: PLN484100 # 1121237

11-655 Resolved that Council note the information presented with regard to management issues relating to flying foxes in urban areas and that the primary strategy of ongoing monitoring is continued to inform future management decisions. (Morrisey/Tucker)

WATER AND RECYCLING - EXECUTIVE MANAGER’S REPORTS

Report No. 11.26.

Budget Allocation and Funding for Shire Wide Water Reservoir Switchboard Relocations

File No: ENG704000 #1121176

11-656 Resolved that Council allocate a budget of $450,000 from the water fund in 2011/12 for the upgrade of the telemetry systems and associated electrical infrastructure at Council’s ten surface reservoirs. (Morrisey/Tucker)

Report No. 11.27.

River Bank Revetment for the Brunswick River

File No: ENG702530 #1121138

11-657 Resolved that Council allocate a budget of $90,000 from the Sewer Fund in 2011/ 12 for completion of improvement works on the access track to Council owned land Lot 4 DP 841856 Mullumbimby. (Morrisey/Tucker)

COMMUNITY INFRASTRUCTURE - COMMITTEE REPORT

Report No. 12.1.

Local Traffic Committee Meeting held Wednesday 3 August 2011

#1120892 /ENG224010

1. Regulatory signage, Station and Tincogan Streets, Mullumbimby

11-658 Resolved

1. That the No Stopping and other regulatory signage as depicted on the three page design plan saved as BSC file #1121848 be endorsed for Tincogan and Station Streets and at the new roundabout at Station and Burringbar Streets, Mullumbimby.

2. That the regulatory sign R2-14, which indicates that all traffic is required to turn left, be installed opposite the Woolworths car park exit on Station Street, Mullumbimby.

(Morrisey/Tucker)

2 Proposed No Stopping, RFS Station, Gordon Street, Mullumbimby

11-659 Resolved that the No Parking signage at the frontage of the Rural Fire station Gordon Street, Mullumbimby be changed to No Stopping. (Morrisey/Tucker)

3 Proposal for hop-on, hop-off bus service, Byron Bay

11-660 Resolved that Council note the Local Traffic Committee have no objection to the Byron Bay bus loop service as proposed by the Magic Bus operator registered as Byron Bay Sightseeing.

(Morrisey/Tucker)

6 Signage to reinforce existing Give Way, Tuckeroo Ave, Mullumbimby

11-661 Resolved that Give Way signs and line marking be installed on Tuckeroo Avenue at its intersection with Left Bank Road, Mullumbimby. (Morrisey/Tucker)

7 Request for additional speed humps, Suffolk Park

11-662 Resolved that traffic and speed count data be collected from Armstrong, Brandon and Alcorn Streets, Suffolk Park to assist further assessment for the need for speed calming or other traffic management measures with the results of the data and analysis to be reported back to the Committee in due course and as resources permit. (Morrisey/Tucker)

8 Requested change to entry and egress at Mullumbimby Show Ground

11-663 Resolved:

1. That the relocation of the entrance and egress of the Mullumbimby Showground is not justifiable at this time.

2. That as resources permit Council undertake the necessary traffic and intersection counts to assist further analysis of the speed and volumes on Main Arm Road in the vicinity of the Mullumbimby Showground and the impacts (if any) of the increased vehicular traffic caused by events, such as the weekly Farmers Markets with the results reported back to the Local Traffic Committee. (Morrisey/Tucker)

SOCIETY AND CULTURE - COMMITTEE REPORTS

Report No. 12.2.

Tourism Advisory Committee Meeting 2 June 2011

File No: ADM900020 #1107309

11-664 Resolved that Council note the minutes of the Tourism Advisory Committee meeting held on 2 June 2011 (#1093084). (Morrisey/Tucker)

Committee Recommendation TAC 4.1.1

11-665 Resolved:

1. That Council note the 2010 Tourism Management Plan Annual Report (#1089784), incorporating changes requested in resolution 11-82.

2. That a media release be prepared and the annual report be placed on the Byron Shire Council website and distributed to tourism industry stakeholders, the Tourism Management Plan Citizens’ Jury and the wider community (as per resolution 11-82).

(Morrisey/Tucker)

Committee Recommendation TAC 4.2.1

11-666 Resolved:

1. That Council note the visitor numbers to Byron Shire from 2000 to 2010, as outlined in Annexure 2(a) (#938235), demonstrating an increase in domestic day visitors and a decrease in domestic overnight visitors.

2. That Council note the report from Tourism Research Australia – The Economic Importance of Tourism in Australia’s regions, as outlined in Annexure 2(b) (#1088455).

(Morrisey/Tucker)

Committee Recommendation TAC 4.5.1

11-667 Resolved:

1. That Council note the report of stage one of the Farm and Nature Tourism Project sponsored by Council through Southern Cross University (#1092156).

2. That Council review planning documents, including the draft Shirewide LEP (particularly clauses 5.13, 7.9, 7.10 and 7.11) with a view to facilitating increased participation in Farm and Nature Tourism that is consistent with TMP objectives, strategies and actions.

(Morrisey/Tucker)

Report No. 12.3.

Tourism Advisory Committee Meeting 4 August 2011

File No: ADM900020 #1117851

11-668 Resolved that Council note the minutes of the Tourism Advisory Committee meeting held on 4 August 2011 (#1117848). (Morrisey/Tucker)

11-669 Resolved that Council adopt the Tourism Advisory Committee Recommendation (part 2) as follows:

Committee Recommendation TAC 5.2.1

2. That Council note that Councillors will be invited to a presentation on the Byron Shire brand project at an extraordinary meeting of the Tourism Advisory Committee on Thursday 1 September 2011, prior to community consultation. (Morrisey/Tucker)

PROCEDURAL MOTION

11-670 Resolved that Council change the order of business to deal with items listed for Public Access, being reports 11.19, 11.24, 11.3, 11.25 and 11.20 next on the agenda. (Morrisey/Staples)

The motion was put to the vote and declared carried.

ITEMS RESERVED FOR DEBATE

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 11.19.

Donations to Community Organisations, Other Groups and Persons for 2011/12 - S356 LG Act 1993

File No: ADM481000 #1118255

11-671 Resolved

1. a) That as stated in the 2011/12 Budget the amount of $7,000 be distributed under Policy 4.15 Assistance to Festivals and Community Organisations as follows:

i) Request 104.2011.5.1 Brunswick Triathlon 2011 $1,000

ii) Request 104.2011.29.1 Bangalow Billy Cart Derby 2012 $1,500

iii) Request 104.2011.30.1 Bangalow Xmas Eve Carnival 2011 $1,500

iv) Resolution 11-547 Byron Bay Writers Festival -2011 $1,500

Totals $5,500

b) That the applicants be advised they will be responsible for payment of any costs associated to the road closure exceeding the amount donated.

c) That the remaining $1,500 and any moneys not expended from the above donations, be set aside for Council’s consideration of any other application for a Byron Shire event seeking assistance from Council under Policy 4.15 throughout the 2011/12 financial year.

2. That as stated in the 2011/12 Budget the amount of $50,000 be distributed under Policy 3.13 Donations to Community Organisations, Other Groups and Persons as follows:

Account	Applicant	Requested Amount $	Recommended Amount $
	Arts/Music
104.2011.8.1	Practising Artists Network (PAN)	1,000	500
104.2011.14.1	Northern Rivers Screenworks In	700	500
104.2011.43.1	Byron Bay Theatre Company	5,000	500
104.2011.56.1	Ms J Pearse	500	500
104.2011.57.1	Durrumbul Music Club	500	500
	TOTAL Arts/Music	7,700	2500

	Childcare/Youth Services
104.2011.11.1	Variety the Children’s Charity “NSW Variety Bash”	1,000	1,000
104.2011.18.1	Wilsons Creek Community Preschool	1,400	500
104.2011.51.1	Byron Bay Primary School	500	0
104.2011.50.1	1^st Byron Bay Scout Group	2,000	200
104.2011.46.1	Byron Bay Pre-School	200	200
104.2011.42.1	Byron Bay High School	1,500	0
104.2011.27.1	Initiative BUDDI	6,000	1,000
	TOTAL Childcare/Youth Services	12,600	2,900

	Aged Care/Senior Services
104.2011.44.1	Australian Orthodox Home	3,000	1,500
104.2011.49.1	Byron Shire Seniors Computer Club Inc	2,500	500
104.2011.59.1	Byron Bay Autumn Clun Inc.	1,000	500
104.2011.58.1	Country Women’s Association	500	500
	TOTAL Aged Care/Senior Services	7,000	3,000

	Animal Welfare Services
104.2011.10.1	Animal Welfare League of NSW	350	350
104.2011.26.1	Northern Rivers Wildlife Carers In	2,650	1,000
104.2011.53.1	Byron Bird Buddies (Brunswick Valley Landcare)	4,700	1,000
104.2011.41.1	Pets for Life Animal Shelters Inc.	5,000	1,000
	TOTAL Animal Welfare Services	12,700	3,350

	Community Buildings/Facilities
104.2011.1.1	Durrumbul Preschool	27,338	0
104.2011.3.1	Federal School of Arts Inc	12,000	0
104.2011.48.1	Ocean Shores Public School	10,000	1,000
104.2011.17.1	Wilsons Creek Community Preschool	4,500	0
104.2011.45.1	Wilsons Creek Hall	11,950	0
104.2011.40.1	Ocean Shores Preschool	1,500	0
104.2011.38.1	Durrumbul Community Centre	15,000	0
104.2011.36.1	Byron Youth Service (Widow’s Cottage, Mullumbimby)	1,802	215
104.2011.31.1	Girl Guides association NSW	10,000	0
104.2011.28.1	Byron Youth Service (Gilmore Cres, Byron Bay)	2,015	2,015
	TOTAL Community Buildings/Facilities	96,105	3,230
	Disability Services
104.2011.4.1	Mullumbimby Potters Association In.	800	800
	TOTAL Disability Services	800	800

	Educational/Training
104.2011.13.1	Northern Rivers Writers Centre	6,100	1,000
104.2011.16.1	Byron College (ACE Byron Shire)	5,000	1,000
	Local Partnerships Program Budget 2605.57		2,000
104.2011.25.1	Isaa Foundation	965	500
	TOTAL Educational/Training (S356 only)	965	4,500
	TOTAL included Budget 2605.57		4,500

	Environment
104.2011.9.1	Mullumbimby & District Garden Club	500	500
104.2011.22.1	Shara Community Garden (C/- Mullum Community Garden ) Sustainability Program Budget 2605.63	2017	2,020
104.2011.61.1	Mr C Brown	380	0
104.2011.47.1	Byron Bay Youth House	1,000	500
104.2011.37.1	Byron Youth Service	284	285
104.2011.32.1	Shearwater Mullumbimby Steiner School	525	525
	TOTAL Environment (S356 only)	4,706	1,810
	TOTAL Environment including Budget 2605.63		3,830

	Events
104.2011.15.1	Australian Indonesia Arts Alliance (Harmony Day)	4,000	1,500
104.2011.20.1	Federal Community Centre (Sculpture by the Tree)	1,000	1,000
104.2011.66.1	Natural Death Centre	1,210	250
104.2011.63.1	Mr D Shipley-Smith (Earthdance)	1,000	150
104.2011.55.1	Ocean Shores Arts Expo	1,500	1,500
104.2011.52.1	Tancred Holding (Sample Food Festival)	4,000	1,500
104.2011.34.1	Byron Bay Surfers Charity Challenge	2,000	500
104.2011.23.1	Byron Minister’s Fellowship (Carols by the Sea)	2,500	1,000
	TOTAL Events	17,210	7,400

	Health
104.2011.19.1	Byron Breast Cancer Support Group	2,610	2,610
	TOTAL Health	2,610	2,610

	Homelessness
104.2011.21	Liberation Larder Inc.	2,500	2,500
104.2011.24	Byron Community & Cultural Centre (Fletcher St Cottage)	2,500	2,500
	TOTAL Homelessness	5,000	5,000

	Indigenous
104.2011.2.1	Koori Kids School Initiatives	450	450
	TOTAL Indigenous	450	450

	Miscellaneous
104.2011.7.1	Mayors for Peace	500	0
104.2011.12.1	Bangalow Quilters Inc	350	350
104.2011.64.1	1^st Byron bay Scout Group (Job Week)	700	0
104.2011.60.1	Australian Goodwill Bicycles Abroad Inc.	5,000	0
104.2011.39.1	Byron Bay Historical Society	5,000	2,500
	TOTAL Miscellaneous	11,550	2,850

	Recreation/Sport
104.2011.6.1	Brunswick Valley Bridge Club	1,000	500
104.2011.33.1	Mullumbimby Junior Rugby League Club In.	1,600	200
104.2011.65.1	U3A Table Tennis Group	312	300
104.2011.62.1	Friends for Heating Mullum Pool Inc.	420	200
104.2011.54.1	Brunswick Heads Junior Soccer Club	1,000	200
104.2011.35.1	The Bay Rollers Roller Derby League	9,700	200
	TOTAL Recreation/Sport	14,032	1600

	TOTAL DISTRIBUTION (S356 budget)	204,528	40,000
	Local Partnerships Program Budget 2605.57		2,000
	Sustainability Program Budget 2605.63		2,020

3. That all applicants be made aware of Council’s Resolution with regard to their application for a donation.

4. That Council advertise the Section 356 Donations proposed to be made.

5. That in addition to the above, $750 be allocated to the Beggars Banquet, $500 be allocated to Australian Goodwill Bicycles Abroad Inc. (Account 104.2011.60.1), $2,000 be allocated Federal School of Arts Inc. (Account 104.2011.3.1) and a further $1,000, bringing the total to $2,000, to Initiative BUDDI (Account 104.2011.27.1).

6. That the remaining moneys (being $5,750) not expended from the Section 356 donations budget be held in reserve for Council’s consideration on any possible donations for emergency relief funds that may occur throughout the financial year.

7. That any further requests for donations under Policy 3.13 Donations to Community Organisations, Other Groups and Persons be advised that no further funding is available and they be made aware of Council’s process for the following financial year’s applications. (Staples/Morrisey)

11-672 Resolved that Council move into Committee to discuss the report. (Woods/Staples)

The motion was put to the vote and declared carried.

11-673 Resolved that the meeting move out of Committee and back into the Ordinary Meeting.

(Tucker/Morrisey)

The motion was put to the vote and declared carried.

The motion (Staples/Morrisey) was put to the vote and declared carried.

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORTS

Report No. 11.24.

PLANNING – DA 10.2010.603.1 shops and affordable housing development comprising 14 residential units at 9-13 Clifford Street Suffolk Park

File No: Parcel No 205370 #1034119

11-674 Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2010.603.1, for neighbourhood shops and affordable housing development comprising 14 residential units, a restaurant, a food shop and four retail shops, be granted consent subject to the conditions listed in Annexure 17(b) #1126164, and an amendment to condition 9 being:

“9a) minimum of 32 car parking spaces, inclusive of disabled bays plus conversion of space 1 into motor bike spaces, and signposted accordingly.” (Staples/Woods)

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Staples, Cameron, Richardson, Morrisey and Tabart voted in favour of the motion.

No Councillors voted against the motion.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORTS

Report No. 11.3.

Commercial Bins in the Lawson Street (North) Car Park, Byron Bay

File No: ENG650000 #1116576

Moved: That this item be deferred pending a further report within two months dealing with existing uses of community land for commercial purposes within Lot 4 DP 827049.

(Staples/Tabart)

AMENDMENT

11-675 Resolved that Council proceed with an amendment to the LEP to provide for the reclassification of the Community Land at part of Lot 4 DP 827049 to Operational Land for the possible leasing of land for the purposes of businesses to operate commercial waste bins upon the land.

(Morrisey/Richardson)

The amendment was put to the vote and declared carried.

Crs Staples, Cameron and Tabart voted against the amendment.

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

Crs Staples, Cameron and Tabart voted against the motion.

FORESHADOWED MOTION

11-676 Resolved that a further report be furnished regarding other existing commercial uses within Lot 4 DP 827049. (Staples/Richardson)

The motion was put to the vote and declared carried.

FORESHADOWED MOTION

Moved:

1. Waste generation

2. Dealing with Richmond Waste

3. Car park numbers 8, 9, 10 (Morrisey/Cameron)

11-677 Resolved that this matter rest on the table. (Tucker/Cameron)

The motion was put to the vote and declared carried.

SOCIETY AND CULTURE - EXECUTIVE MANAGER’S REPORT

Report No. 11.25.

New Year's Eve 2011

File No: ADM420120 #1122028

11-678 Resolved:

1. That Council receive and note the New Year’s Eve submission from community members (#1122209).

2. That Council maintains the current format for New Year’s Eve in Byron Bay, including:

a) alcohol free zones

b) road closures and traffic management

c) additional waste services

d) additional toilet facilities (porta loos)

e) market stalls in Apex Park

f) buskers

g) Samba Blisstas

h) amusement rides

i) St John’s Ambulance and life saving services

3. That Council write to thank the community group for suggesting alternative New Year’s Eve celebrations in Byron Bay, and advise that there will be no change from last year’s format.

4. That Council meet with Byron Bay Chamber of Commerce / Byron United to investigate the feasibility of forming a working group to develop the 2011 New Year’s Eve event.

(Tucker/Woods)

The motion was put to the vote and declared carried.

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORT

Report No. 11.20.

PLANNING – Outcome of Bangalow Community Consultation held 27 June 2011

File No: PLN350500 #1120965

11-679 Resolved:

1. That Council note the results of the survey:

2. That with regard to the Rifle Range Road intersection, Council investigate school bus drop off spots with bus providers, regulatory authorities and bus patrons and provide a report to Council or the Traffic Advisory Committee prior to proceeding with resolution 10-791.

3. That Council continue to hold discussions with the Bangalow Catholic Church in relation to potential provision of car parking in Station Street on its land.

4. That Council endorse the following priority order for expenditure of section 94 funds for embellishment of open space:

a) Skate Park

b) Hard Surface Netball Courts

c) Solar lighting for the walking track

d) Sculpture park

e) Additional sports field lighting

5. That the project of Hard Surface Netball Courts be deferred until consideration of other potential uses of that land.

6. That Council note Report 11.5 (#1109011) of agenda 25 August 2011 and the resolution that stems from that report.

7. That Council endorse the following priority order for expenditure of section 94 funds for cycleways:

a) Rankin Drive to Bangalow Sports Fields

b) Lismore Road

c) Raftons Road / Leslie Street

d) Bangalow Sports field to Bangalow Bowling Club

8. That Staff investigate the feasibility of construction of each of these cycleways in priority order.

9. That Staff seek legal advice on the use of RTA grants to satisfy Council’s share of the apportionment in the section 94 plan for cycleways.

10. That Staff report back to Council on the legal advice and feasibility of constructing the cycleways in the order set out in point 6.

11. That Council support the expenditure of $5,000 of section 94 funds from the Bangalow Civic and Urban Improvements for plinths, but only on the basis that Council is not responsible for the maintenance, installation and removal of the sculptures and a suitable management system has been put in place. (Heeson/Richardson)

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Cameron, Richardson, Morrisey and Tabart voted in favour of the motion.

Cr Staples voted against the motion.

PROCEDURAL MOTION

11-680 Resolved that Council change the order of business to deal with item 11.5 next on the agenda.

(Tucker/Woods)

The motion was put to the vote and declared carried.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORTS

Report No. 11.5.

Bangalow Skatepark Feasibility

File No: BEN353010 #1109011

11-681 Resolved:

1. That Council advertise for public submissions on the proposed Bangalow Skatepark facility at the Bangalow Sports Fields for a period of no less than 28 days.

2. That if Council receives no submissions in relation to the proposal, then Council:

a) allocates $180,000 from Open Space, Local Parks – Bangalow, Section 94 funds for the design and construction of a skate park at the Bangalow Sports Fields.

b) authorises proceeding to open tender for the design and construction of a skate park at the Bangalow Sports Fields.

3. That if Council receives submissions in relation to the proposal, that the matter be reported back to Council for consideration. (Heeson/Woods)

The motion was put to the vote and declared carried.

Cr Staples voted against the motion.

The meeting adjourned at 12.32pm for lunch and resumed at 1.19pm.

PROCEDURAL MOTION

11-682 Resolved that Council lift Report No 11.3. off the table. (Tucker/Morrisey)

The motion was put to the vote and declared carried.

Report No. 11.3.

continued

Commercial Bins in the Lawson Street (North) Car Park, Byron Bay

File No: ENG650000 #1116576

Cr Morrisey withdrew his foreshadowed motion.

MAYORAL MINUTE

There was no Mayoral Minute.

NOTICES OF MOTION

Notice of Motion No. 8.1.

Mullumbimby Music Festival

COR405527 #1119558

11-683 Resolved:

1. That Council support temporary activities for the Mullumbimby Music Festival, Thursday 24 to Sunday 27 November that include:

a) footpath dining

b) busking

c) market stalls (10) on the Mullumbimby Civic Hall precinct on Saturday and Sunday

d) use of Council Chambers on Sunday for a forum

e) street parade – Sunday morning 10am to noon on Dalley Street

and that these activities be identified in a register to enable the necessary insurance requirements to be satisfied.

2. That Council consider sponsorship of the festival as a recognition of the cultural event and the economic stimulus for the town of Mullumbimby and assess the potential for waiving of fees as the contribution, and that Council staff provide a report by the 22 September meeting identifying the liabilities for payment of fees. (Staples/Richardson)

The motion was put to the vote and declared carried.

Notice of Motion No. 8.2.

Community Volunteer Garden Maintenance Program

COR405527 #1120812

11-684 Resolved:

1. That Council initiate and seek public support for a volunteer based, garden bed maintenance program - Byron Bay Ground Force, for areas within the Byron Bay CBD.

2. That the formation and induction of the group occurs in time for planting in October.

3. That the Bangalow Ground Force group (or any other relevant group) be consulted in order to assist in the effective development of the initiative. (Richardson/Tabart)

The motion was put to the vote and declared carried.

Notice of Motion No. 8.3.

Sculpture by the Park - Bangalow

COR405527 #1113925

11-685 Resolved that Council:

1. Support in principle the proposed ‘Sculpture by the Park’ for Bangalow sports grounds.

2. Support an allocation of up to $5,000 of Section 94 contributions for Bangalow to place 10 to 12 concrete plinths (1.5m x 1.5m x 0.1m) around the perimeter of the grounds adjacent to the walking track and a project management fee for the proponent; and

3. Meet with Mr. Dev Lengjel and members of the Bangalow community to discuss details of the proposal including possible locations of new sports field lighting as per Bangalow Section 94 contributions Public Meeting (27 June 2011) and volunteer community input into constructing the plinths. (Morrisey/Heeson)

The motion was put to the vote and declared carried.

FORESHADOWED MOTION

11-686 Resolved that Council convene a Public Art Implementation PRG to coordinate and enact ongoing procedures of the Bangalow Sculpture in the Park as per Public Art Policy 10/011.

(Richardson/Morrisey)

The motion was put to the vote and declared carried.

Notice of Motion No. 8.4.

Donation from Mayor Discretionary Allowance - Cultural Gifts Program

COR405000 #1117275

11-687 Resolved:

1. That Council note the use of funds to the value of $660 for valuations required under the Cultural Gifts Program for artworks donated to Byron Shire Council by Mr John Dahlsen titled Plastic Bag Diptych.

2. That Council undertake a review of artworks to establish a register and these artworks be valued and registered in Council’s Asset Register. (Tucker/Woods)

The motion was put to the vote and declared carried.

Cr Staples voted against the motion.

PETITIONS

1. Byron Bay Market

Cr Tucker tabled a petition containing 272 signatures which states:

"We the undersigned Byron Bay Market Stallholders wish to ask the Council for permission to hold a market on the 3^rd Sunday of the Month between September and March”

DELEGATE'S REPORT

1. Destination 2036 Conference

Cr Staples provided the following delegate's report:

"I attended the Destination 2036 conference last week as Chair of Rous. Since no other BSC Councillors were present I thought it would be useful if I gave my impressions (Mr Darney attended in lieu of the GM).

Over 300 Mayors, Chairs and GMs participated as well as LG Minister Don Page, Minister for western NSW Kevin Humphries, Chief Executive Division of LG Ross Woodward, and a good sprinkling of Departmental people. I attach a paper delivered by Mr Woodward that sets out the objectives of the conference. It was observed that there was over 2,000 years of LG experience in the room.

An ‘Internationally renowned Futurist’, Professor Sohail Inhayatullah, gave a sometimes stimulating presentation challenging us to think beyond today and beyond tomorrow, and test our conceptions of reality. One gem was that 10% of Americans believe Joan of Ark was Noah’s wife!

As Mr Woodward’s paper stresses, there was no fixed agenda; the idea was to start a process to find common areas of agreement and ideas to guide improvement in the sector over the medium term (25 years). Naturally there was a measure of scepticism that there were ‘hidden agendas’ but my impression is that the Division and the relevant Ministers are genuine. Minister Page, to his credit, said little but stayed on throughout the conference keeping his eyes and ears open. There were no signals that suggested a move away from the policy of ‘no forced amalgamations’, although the presentation by Minister Humphries pointed out that by 2036 there will be 29 councils, predominately in the western part of the state, with populations under 5,000. He signalled that a new model with a different legislative base than that of the LG Act is being examined for this sector - where there are vast areas of extremely low population density dotted with a few towns, with increasingly predominate Aboriginal populations, and tenuous economic bases.

Seating was allocated with each table seating about 10 delegates with a mixture of small/large LGA’s, rural/metro and elected/staff. The first participatory session was frustrating and annoying for many – via an electronic audience feedback system answers were sought on a range of questions that were largely ‘motherhood’, in nature, and a few that could be categorised as ‘dog-whistling’. Nevertheless I think the technology has a lot of potential if used intelligently. But then again, the person framing a question often has more influence than the respondent!

Each table looked at a range of issues and chose a delegate to present to the plenary session. Mr Woodward’s paper gives some idea of the sort of questions used as a basis of discussion. Some of the key ones were: What are the core functions of councils?; should one size fit all?; should there be a hierarchy of regional centres?; what about regional organisations?; what sort of training (if any) should councillors be required to undertake? and what are the principles that should underpin review of the LG Act?.

A lot of the feedback was predictable – ‘We need more money for roads’ etc. But I felt there was a general consensus that local government is a fundamentally workable system that can be improved from within and from the bottom up rather than one that needs to be radically overhauled.

I was lucky enough to be the presenter from my table at the last ‘break-out session’ looking at ‘Models for the Future’. On my table were a range of delegates ranging from the mayor of a small council (Uralla) to the EO of a southern Sydney ROC and the GM of a huge LGA (Blacktown). Our model had the fundamental constituency remaining the LG area, but with exploitation of opportunities for regional co-operation where agreed voluntarily (ROC’s, County Councils, etc). Western Australia was suggested as a model. The role of LG is to address a range of ‘key/core responsibilities’ plus others as agreed through community engagement. There was a view that the traditional local financial base (rates, contributions) needs to be augmented (visitors were mentioned) plus external funding where a clear need and nexus can be established. The advantages of this approach were seen to be; flexibility – no ‘one size fits all’; ongoing opportunity for objective review and change; and adaptability to technological change, particularly the information revolution and flatter organisational structures.

This conference is intended to be the start of a process. An ‘Action Plan’ and a ‘Roadmap’ will be prepared by Christmas."

GENERAL MANAGER’S REPORT

Report No. 11.1.

Management Plan Review 2010-2013 – period April to June 2011

File No: FIN451010 #1103140

11-688 Resolved that Council receive and note the quarterly report on the 2010-2013 Management Plan Review for the period 1 April to 30 June 2011. (Tabart/Staples)

The motion was put to the vote and declared carried.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORTS

Report No. 11.2.

Tender for Surf Live Saving Services

File No: ENG075000 #1122943

Moved: (This motion was initially resolved however due to recommittal of the vote, is now lost.)

1. That Council endorse the surf life saving best practice of providing two life guards per patrolled location.

2. That the extent of surf life saving services to be provided across the Council area be in accordance with details in Table 2 of this report, conditional upon the decisions from Cape Byron Headland Trust and National Parks & Wildlife Service regarding the provision of surf life saving services on their beaches.

3. That pursuant to Part 7 of the Local Government (General) Regulation 2005 the open tendering method be used for the tender for the provision of surf life saving services for the two year period commencing for the 2011/12 season. (Richardson/Tabart)

The motion was put to the vote and declared carried.

Crs Tucker, Woods and Morrisey voted against the motion.

11-689 Resolved that the vote above be recommitted. (Staples/Heeson)

The motion was put to the vote and declared carried.

The motion (Richardson/Tabart) was put to the vote and declared lost.

Crs Tucker, Woods, Heeson, Morrisey and Cameron voted against the motion.

FORESHADOWED MOTION

11-690 Resolved:

1. That Council endorse the surf life saving best practice of providing two life guards per patrolled location.

3. That pursuant to Part 7 of the Local Government (General) Regulation 2005 the open tendering method be used for the tender for the provision of surf life saving services for the three year period commencing for the 2011/12 season. (Woods/Tucker)

The motion was put to the vote and declared carried.

Report No. 11.4.

Byron Shire Rural Roads and Roadside Land Management Plan

File No: ENG054000 #1120401

11-691 Resolved:

1. That Council adopt the Byron Shire Rural Roads and Roadside Land Management Plan as a tool for improving planning for the management of roadside land in Byron Shire.

2. That Council support the implementation of the Byron Shire Rural Roads Land Management Plan, as appropriate, into Council’s DCP and the Design and Construction Manual planning documents.

3. The Council shall use the State of the Environment Report to report on progress and implementation of the Plan.

4. That Council seek information from the NRCMA as to the possibility and availability of funding for the development and demonstration of pilot sites.

5. That Council implement best management practice guidelines. (Richardson/Morrisey)

The motion was put to the vote and declared carried.

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 11.10.

Council Resolutions Review for the period April to June 2011

File No: COR405520 #1103163

11-692 Resolved:

1. That Council receive and note the information provided in this report on outstanding Council resolutions.

2. That Council note the completed resolutions in Annexure 2(b) (#1083486) with the exception of Resolution 10-1074 which is to be considered outstanding.

3. That Council rescind the following:

a) Part 3 of Resolution 08-644; and

b) Part 2 of Resolution 09-544 (Cameron/Richardson)

The motion was put to the vote and declared carried.

Crs Tucker and Woods voted against the motion.

Report No. 11.11.

Carryovers for inclusion in 2011/12 Budget

File No: FIN451010 #1121596

11-693 Resolved that the works and services, and the respective funding shown in Annexures 10(a) (#1125173), 10(b)(#1125160) and 10(c)(#1125162) be carried over for inclusion in the 2011/12 budget. (Cameron/Staples)

The motion was put to the vote and declared carried.

Report No. 11.12.

Establishment of Australia Day 2012 Project Reference Group

File No: ADM151515 #1126211

11-694 Resolved:

1. That the objectives for the Australia Day 2012 Project Reference Group, as outlined in this report, be adopted.

2. That the Constitution for the Australia Day PRG (#1126215) shown at Annexure 25 be adopted with the following changes:

· Delete paragraph 3(d)

· Insert new paragraph 3(d) “Award recipients are to be chosen by a vote of the full committee. Tied votes are to be resolved by a draw from a hat”.

3. That new expressions of interest for membership of the PRG be called from charitable and social, non-profit organisations in the Shire, with up to 20 to be considered for acceptance.

4. That existing nominated organisations be thanked for their participation and invited to reapply.

5. That the Constitution be amended accordingly. (Tabart/Staples)

The motion was put to the vote and declared carried.

Report No. 11.13.

Election of Deputy Mayor

File No: COR405000 #1122327

Moved:

1. That Council elect a Deputy Mayor for the ensuing period up to the September 2012 election.

2. That the method of election of the Deputy Mayor be by way of ordinary ballot.

(Woods/Heeson)

AMENDMENT

11-695 Resolved:

1. That Council elect a Deputy Mayor for the ensuing period up to the September 2012 election.

2. That the method of election be by preferential ballot. (Tabart/Staples)

The amendment was put to the vote and declared carried.

Crs Tucker, Woods and Heeson voted against the amendment.

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

11-696 Resolved that the matter rest on the table. (Tucker/Morrisey)

The motion was put to the vote and declared carried.

Report No. 11.14.

Markets - Licence Extension

File No: BEN400000 #1099459

11-697 Resolved that, subject to the approval of the Crown Lands Division of the Department of Primary Industries, Council grant an extension of all current market licences for a further period to 31 October 2011, to enable the finalisation of the new Market Policy. (Cameron/Staples)

The motion was put to the vote and declared tied.

Crs Tucker, Woods, Heeson and Richardson voted against the motion.

The Deputy Mayor used his casting vote in favour of the motion.

FORESHADOWED MOTION

11-698 Resolved that Council write to the Department of Lands expressing extreme concern that Council has not received a reply on this matter and if a reply is not received by 30 September 2011 Council will assume concurrence with the draft policy. (Morrisey/Staples)

The motion was put to the vote and declared tied.

Crs Tucker, Woods, Heeson and Richardson voted against the motion.

The Deputy Mayor used his casting vote in favour of the motion.

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORT

Report No. 11.22.

PLANNING – Submissions Report on dwelling entitlement planning proposal for Lot 438 DP 729107 Broken Head Road, Byron Bay (LEP Amendment No 150)

File No: PLN560035 #1121520

11-699 Resolved:

1. That Council forward the planning proposal contained in Annexure 8 (#1076432) to the Department of Planning for drafting of the LEP amendment and finalisation.

2. That access to the adjoining Lot 320 and the issue of the road reserve be resolved as a matter of urgency prior to the lodgement of a development application for a dwelling on Lot 438, DP 729107, Bangalow Road, Byron Bay.

3. That the draft Shire-wide LEP mapping for this site be amended to suit the future location of a dwelling and to remove any zoning anomalies. (Tucker/Woods)

The motion was put to the vote and declared carried.

Crs Tucker, Woods, Heeson, Staples, Morrisey, Cameron, Richardson and Tabart voted in favour of the motion.

No Councillors voted against the motion.

COMMUNITY INFRASTRUCTURE - COMMITTEE REPORT

Report No. 12.1.

Local Traffic Committee Meeting held Wednesday 3 August 2011

#1120892 /ENG224010

4 Assessment of traffic facility, 59 Tennyson Street, Byron Bay

11-700 Resolved that Council note the Local Traffic Committee acceptance of the reported assessment regarding the traffic facility adjacent to 59 Tennyson Street and supports its retention at this time .

(Staples/Tucker)

The motion was put to the vote and declared carried.

5 Reassessment of proposed B-Double route, Ewingsdale Road, Byron Bay

11-701 Resolved that the Committee note that the mediation has occurred and that the matter will be reported back to the LTC at a future date. (Tucker/Woods)

The motion was put to the vote and declared carried.

9 Late Item - Requested removal of 2P from 110 Stuart Street, Mullumbimby

11-702 Resolved that the currently signed 2P parking restriction at the frontage of 110 Stuart Street, Mullumbimby be removed via relocation of the parking sign to the property boundary between 108 and 110 Stuart Street, Mullumbimby. (Tucker/Woods)

The motion was put to the vote and declared carried.

LATE REPORT – CORPORATE MANAGEMENT

Report No. 14.1.

Budget Review - 1 April to 30 June 2011

File No: FIN451010 #1122195

11-703 Resolved that Council authorises the itemised budget variations as shown in Annexure 3(b) (#1130218) which includes the following results in the 30 June 2011 Quarterly Review of the 2010/2011 Budget:

a) General Fund - $108,900 increase in accumulated surplus

b) Water Fund - $1,080,318 increase in reserves.

c) Sewerage Fund - $38,622 decrease in reserves. (Tucker/Woods)

The motion was put to the vote and declared carried.

The meeting adjourned at 3.40pm for a break and reconvened at 4.00pm.

PROCEDURAL MOTION

11-704 Resolved that Report 11.13 be lifted from the table. (Tucker/Woods)

The motion was put to the vote and declared carried.

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORT

Report No. 11.13.

continued

Election of Deputy Mayor

File No: COR405000 #1122327

The Executive Manager Corporate Management explained the preferential voting procedure for electing the Deputy Mayor. Nominations were received for Crs Cameron, Tucker, Staples and Richardson and a ballot sheet was distributed.

By way of ballot, the elected Deputy Mayor was Cr. Basil Cameron.

The new Deputy Mayor took the Chair.

URGENCY MOTION

1. Removal of temporary road to Island Quarry

11-705 Resolved that the removal of the temporary road to Island Quarry be discussed as a matter of urgency, the urgency being that the removal of the road is imminent and there may be financial implications for Council. (Staples/Tabart)

The motion was put to the vote and declared carried.

Crs Tucker, Woods and Heeson voted against the motion.

There being no seconder to Cr Staples' urgency motion, the motion lapsed.

There being no further business the meeting concluded at 4.20pm.

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 8 September 2011.

…………………………

Deputy Mayor
Basil Cameron

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary MEETING HELD ON Thursday, 25 October 2012 COMMENCING AT 10.35am AND CONCLUDING AT 6.02PM

#E2012/13405

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: Ray Darney (Acting General Manager)

Phil Holloway (Executive Manager Community Infrastructure)

Mark Arnold (Executive Manager Corporate Management)

Sharyn French (Acting Executive Manager Environment and Planning)

Shannon McKelvey (Executive Manager Organisational Support)

Greg Ironfield (Acting Executive Manager Society and Culture)

Phil Warner (Executive Manager Water and Recycling)

Melissa Moore/Mila Jones (Minute Taker)

The Mayor opened the meeting and acknowledged that the meeting was being held on Bundjalung Country.

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 Hunter declared a Special Disclosure of Pecuniary Interest, under section 451 (4) and (5) of the Local Government Act 1993, in Notice of Motion No. 8.3. The effect on Cr Hunter of the proposed change is neutral.

Cr Hunter declared a pecuniary interest in Report No. 12.23, the nature of the interest being that he is the applicant appealing Council's decision in the Land and Environment Court which has been finalised.

Cr Cubis declared a pecuniary interest in Notice of Motion No. 8.1, the nature of the interest being that he made the handrail that is a subject of the Motion.

Cr Dey declared a non pecuniary interest in Report No. 12.15, the nature of the interest being that Cr Dey was on-site sewage consultant on the subject property.

ADOPTION OF MINUTES FROM PREVIOUS MEETINGS

12-791 Resolved that the Minutes of the Ordinary Meeting held on 27 September 2012 be confirmed.

(Woods/Richardson)

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:

General Manager’s Reports

12.1. Communications Advisory Committee

12.2. 2012 Community Building Partnership Program Grant Applications

Executive Managers’ Reports

Community Infrastructure

12.4. Proposed submission Draft NSW Long Term Transport Master Plan

12.5. Proposed Part Closure Road Reserve and Transfer Broken Head Road,
Byron Bay

12.6. Community Infrastructure Advisory Committee

12.7. Establishment S355 Committee Byron Regional Sport and Cultural Complex

Corporate Management

12.9. Expression of Interest – Part Brunswick Heads Memorial Hall Leases

12.11. Community Garden Ocean Shores - Licence Agreement

12.12. Agreement for Lease and Lease of Jones Road Underpass

12.13. Section 356 Donation Requests

12.14. Investments – September 2012

12.16. North Byron Parklands Regulatory Working Group

12.17. Public Health Act 2010 and Public Health Regulations 2012

Environment and Planning

12.19. Outstanding financial considerations Coastal and Estuary Work Program – New Brighton Beach Scraping Program and Surveying of the Beach Escarpment

12.20. Review of Sea Level Rise Planning Benchmarks

12.21. PLANNING - Proposed West Byron Voluntary Planning Agreement

Organisational Support

12.22. PLANNING – BSC ats Davis LEC 10604/2012

12.24. PLANNING – Legal Status Report as at 12 October 2012

Society and Culture

12.27. Review of Bundjalung of Byron Bay, Arakwal People's Indigenous Land Use Agreements (ILUA) 1,2 and 3 (response to Resolution 12-339)

Water and Recycling

12.29. South Byron STP Site Contamination Investigation

Committee Report

Community Infrastructure

13.1. Report of the Local Traffic Committee Meeting held on 3 October 2012

13.1.1. Federal village, proposed speed and bus management measures

Confidential Reports

Community Infrastructure

14.1. CONFIDENTIAL Extension of Bitumen Spray Sealing Contract 2010-00049

Corporate Management

14.2. CONFIDENTIAL Expressions of Interest Byron Bay Tennis Courts Lease

The remaining Recommendations and Committee Recommendations were adopted as a whole, being moved by Cr Woods and seconded by Cr Cameron. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 12-792 and concluding with Resolution No. 12-818.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORT

Report No. 12.3.

Report on Various Outstanding Resolutions – Community Infrastructure

File No: #E2012/8206

12-792 Resolved that Council note the actions taken in regards to Resolution 08-755 (parts 5, 6, 7 and 8), being:

a) ongoing routine maintenance of and monitoring of potential land slips along Coolamon Scenic Drive, Montecollum;

b) ongoing routine maintenance of and monitoring of potential land slips along Upper Coopers Creek Road;

c) ongoing routine repairs as required of and monitoring of movement of the revetment walls along the northern end of Capricornia Canal, Ocean Shores; and

d) ongoing upgrade of damaged guard rail as the need arises. (Woods/Cameron)

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 12.8.

Byron Bay Railway Park Amenities Improvement

File No: #DM1243231

12-793 Resolved:

1. That Council endorse Mode Design Concept A (Annexure 29(a) (#DM1221786 pages
1-2) as the preferred plan for Byron Bay Railway Park Amenities Improvement.

2. That Council engage Mode Design to develop Concept A to detailed construction documentation and proceed with the requirement planning approvals.

3. That Council endorse the in-principal recovery of four of the eight existing payphones located on the existing Byron Bay Railway Park Amenities building to allow the improvement modifications to occur, subject to Telstra’s community consultation process and final Council approval. (Woods/Cameron)

Report No. 12.10.

New Byron Bay Library Project - Electrical Easement

File No: #E2012/5359

12-794 Resolved that Council authorise the General Manager to affix the Council seal, in accordance with Clause 400 of Local Government (General) Regulations 2005, to the Deposited Plan Administration Sheet and Section 88B Instrument Lot 456 DP 1087879 at Annexure 20(a) (#E2012/7394). (Woods/Cameron)

Report No. 12.15.

Compliance Services Status Report as 8 October 2012

File No: #E2012/8305

Cr Dey declared a non-pecuniary interest in this matter at the start of the meeting.

12-795 Resolved that this report be noted. (Woods/Cameron)

Report No. 12.18.

Proposed New Year's Eve 2012 Alcohol Prohibition for Byron Bay and Brunswick Heads

File No: #E2012/6497

12-796 Resolved:

1. That Council prohibit alcohol within the designated areas in Byron Bay and Brunswick Head as shown in Attachment A and B Location Plans for New Year’s Eve 2012 - 2013, for a period of 18 hours between 12 noon on Monday 31 December 2012 to 6am Tuesday 1 January 2013, under combined provisions (sections 632, 642-8) of the Local Government Act 1993.

2. That Council undertake the necessary public exhibition, advertising, installation of temporary signs (under S632 (2)(e) of the Local Government Act)(Annexure 15) and consultation to apply to the carrying and consumption of alcohol prohibition for the New Years Eve period. (Woods/Cameron)

ORGANISATIONAL SUPPORT – EXECUTIVE MANAGER’S REPORT

Report No. 12.23.

PLANNING - BSC ats Hunter LEC 10381/2012

File No: 80.2012.7.1 x 10.2009.427.2 #E2012/12191

Cr Hunter declared a pecuniary interest in this matter at the commencement of the meeting.

12-797 Resolved that this report be noted. (Woods/Cameron)

The motion was put to the vote and declared carried.

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

No Councillors voted against the motion.

SOCIETY AND CULTURE - EXECUTIVE MANAGER’S REPORTS

Report No. 12.25.

Public Art Policy Implementation Project Reference Group Meeting held on 21 August 2012

File No: #E2012/2118

12-798 Resolved that Council note the minutes of the Public Art Policy Implementation Project Reference Group meeting held on 21 August 2012 (#E2012/1432). (Woods/Cameron)

12-799 Resolved that in relation to Agenda Item 4.1 – Update on the Development of Public Art Guidelines and Criteria - Council adopt:

PRG Recommendation PAPI 4.1.1

That Council adopt the Public Art Guidelines and Criteria (#DM1258949) with amendments as follows:

a) Page numbers and clause numbers referred to throughout the Public Art Guidelines and Criteria are corrected.

b) Section 4.2 is amended to read “Public Art Assessment Panel (PAAP) convenes on a bimonthly basis”.

c) Appendix 7 is amended:

· To include “Type of artwork proposed”

· To include the question “Do you have public liability insurance?”

· By deleting “asset custodian”

· By deleting “project/task number”

· By amending the fourth tick box at bottom of page to read “photos or drawings providing visual samples of proposed work”.

· To include a statement saying “PAAP meet on a bimonthly basis and your application will be considered at the next available PAAP meeting.”

d) Include in the Appendix a form letter to respond to artists who propose artwork for the shire and who are not successful.

e) By deleting Section 9.1.

f) Public Art Process Flowchart on page 4 is amended to read “Has this artwork been received as a gift?” If yes, “Public Art Asset Registration pro forma to be sent to artist for completion then returned to PAAP for consideration.”

g) Include in the process and the Appendix a “Certificate of Final Completion” which is to be provided at the end of the warranty period. The warranty period will depend on the artwork.

h) Appendix 1 is amended to include:

· S94 or S94A tick boxes in Section 7 – Procurement Process

· Installation costs in Section 2 – Project Brief – Paid by Artist or Council

· Maintenance costs in Section 2 – Project Brief – Paid by Artist or Council

· Council’s Infrastructure Costs in Section 5 – Risk Assessment

i) Section 11 Risk Assessment and Appendix 8 Public Art Risk Assessment is amended to include Council’s infrastructure costs and maintenance costs.

j) Appendix 8 Public Art Risk Assessment is amended to include:

· are concrete pads and/or barriers required

· is the infrastructure sound

· will ongoing safety checks be required to make sure the artwork is stable

· has an environmental hazard check been done to include earthquakes, wind and floods

· is an engineers assessment required

k) Appendix 9 to is amended so that the parks are bordered in white so they can be seen clearly when the maps are printed in black and white.

Management Recommendation PAPI 4.1.2

The Public Art Guidelines and Criteria (#DM1258949) is amended as follows:

a) Section 4.5.3 and Section 4.5.4 to be combined.

b) The Public Art Process Flow Chart to be updated to include artworks on loan to Council, and remove “Is the procurement of the artwork being managed by an organisation other than council or part of a larger capital infrastructure project?

c) The Public Art Commission Structure Diagram to include a fourth tier titled ‘Council – Referral to Council for decision making’.

d) Insert a paragraph in Section 7.4 that reads “The process for donating/receiving gifts for the library is outlined in the Department of Regional Australia, Local Government Act, Arts and Sport’s Cultural Gifts Program (for more information see www/arts.gov.au/tax_incentives/cgp). The responsibility for arranging two valuations of the gift (as per the Cultural Gifts Program Guidelines) will be the responsibility of the donor.”

e) Section 8 point (b) is amended to read “Contributions and/or donations to an appropriate value from developers for public art projects to be designed and installed on publicly owned land”.

f) In section 11 “Risk Assessment” add two more considerations – “what are the infrastructure costs for Council” and “what are the maintenance costs for Council”.

g) Appendix 1 is amended to include:

· Signage (Artist Statement) in Section 1 – Project Description.

· A new section titled “Operational Considerations” to include “Operational Impacts” and “Operational Costs”.

h) Appendix 3 Concept Design Agreement to include “Locale – Artists working in the local region on artworks which reflect the local community, cultural heritage and environment.” as an assessment criteria.

i) Appendix 7 Public Art Asset Registration Pro Forma to include “Type of Artwork Proposed”, “Do you have Public Liability Insurance” and delete “Asset Custodian” and “Project/Task Number for Procurement”.

j) Appendix 8 Public Art Risk Assessment is amended to adapt to the proposed corporate risk management template.

k) An explanatory paragraph is added to Appendix 9 which reads “Not all parks indicated are Council owned or managed lands, nor suitable for Public Art.” (Woods/Cameron)

12-800 Resolved that in relation to Agenda Item 4.2 – Public Art Assessment Panel (PAAP) Terms of Reference - Council adopt:

PRG Recommendation PAPI 4.2.1

That Council adopt the Public Art Assessment Panel (PAAP) Terms of Reference document (#DM1256273) with amendments as follows:

a) Add the following to Section 4 “Each member of the Public Art Assessment Panel will have a corresponding alternate”.

b) Modify Section 3 to read “The PAAP will be elected for the term of Council.”

c) Modify Section 11 to read “The PAAP will meet bimonthly, or more often as a project requires, to make decisions and develop strategies to ensure the successful completion of a project.” (Woods/Cameron)

12-801 Resolved that in relation to Agenda Item 4.3 - Updated Public Art Register - Council adopt:

PRG Recommendation PAPI 4.3.1

That Council recommends that any outstanding art provided by Public Art Policy Implementation Project Reference Group members to Council staff is to be added to the Public Art register (#DM1129380). (Woods/Cameron)

Report No. 12.26.

Finalisation of the 1998 Aboriginal Heads of Agreement

File No: #E2012/810

12-802 Resolved:

1. That Council adopt the revised 2012 Review of the 1998 Aboriginal Heads of Agreement at Annexure 17(b) (#E2012/815) finalising the 1998 Heads of Agreement.

2. That Council refer unresolved matters to the Arakwal Memorandum of Understanding Advisory Committee for consideration in the development of the new Memorandum of Understanding (as per Resolution 12-337). (Woods/Cameron)

WATER AND RECYCLING - EXECUTIVE MANAGER’S REPORTS

Report No. 12.28.

Draft Policy - Waste Disposal Fees for Not-for-Profit Groups

File No: #E2012/10209

12-803 Resolved that Council publically exhibits the Draft Policy - Waste Disposal Fees for Not-for-Profit Groups for 28 days and if there are no submissions it be adopted. (Woods/Cameron)

Report No. 12.30.

Transfer and Classification of Lot 35 DP1169053 - Tallowwood Ridge Estate, Mullumbimby

File No: #E2012/10710

12-804 Resolved:

1. That Council accepts ownership of Lot 35 DP1169053 for the purposes of facilitating the operation and the existing physical location of the Sewerage Pump Station.

2. That Council authorise the General Manager to sign and/or affix the Council Seal to all documentation, in relation to transfer Lot 35 DP1169053 to Council.

3. That Council give notice for not less than 28 days of the following proposed resolution pursuant to Section 34 of the Local Government Act 1993:

“That Lot 35 DP1169053 Tallowwood Ridge Estate, Mullumbimby be classified “Operational” under the Local Government Act 1993.” (Woods/Cameron)

Report No. 12.31.

Reticulated/Town Drinking Water Quality Management Policy

File No: #E2012/10593

12-805 Resolved that the draft Drinking Water Quality Policy be placed on public exhibition for a period of 28 days and, if there are no submissions, the policy be adopted. (Woods/Cameron)

COMMUNITY INFRASTRUCTURE - COMMITTEE REPORT

Report No. 13.1.

Report of the Local Traffic Committee Meeting held on 3 October 2012

#E2012/10364

2. Removal of 5t load limit, Sherrington’s Bridge, The Pocket

File No: F161 / #E2012/10364

12-806 Resolved that the load limit on Sherrington’s Bridge, The Pocket be removed.

(Woods/Cameron)

3. Reclaim the Night street march, Byron Bay

File No: F161 / #E2012/10364

12-807 Resolved:

1. That the Reclaim the Night street walk, scheduled to commence at 7pm Friday 26 October 2012 be endorsed.

2. That the organisers be responsible for implementing a Traffic Control Plan, with qualified personnel throughout the event, and be advised Council’s fee for holding an on-road event will apply.

3. That public liability insurance be in place for the sum of at least $10 million.

4. That the concurrence of the Police be sought by the organisers, independent of the Local Traffic Committee endorsement.

5. That the event be advertised in accordance with the Roads Act charged at cost to the organisers.

6. That the event be notified on Council's website.

7. That in the event Council staff and materials are required for the event, costs be recorded and invoiced to the organisers as appropriate. (Woods/Cameron)

4. Byron Bay New Year’s Eve Traffic Management and Road Closures

File No: F161 / #E2012/10364

12-808 Resolved:

1. That the following temporary road closures, effective from 6am on
31 December 2012 for the purposes of New Year’s Eve activities in Byron Bay, be endorsed:

a) Jonson Street, between Lawson Street and Bay Street;

b) Fletcher Street, between Lawson Street and Bay Street; and

c) Middleton Street, between Lawson Street and Bay Street.

2. That the temporary road closures be advertised in accordance with the requirements of the Roads Act. (Woods/Cameron)

5. Street Parade, Mullumbimby Music Festival, Sunday 25 November 2012

File No: F161 / #E2012/10364

12-809 Resolved:

1. That the Mullumbimby Music Festival Street Parade scheduled for Sunday
25 November 2012 be endorsed, including the temporary road closure of:

· Dalley Street, Mullumbimby between Tincogan Street and Burringbar Street which is effective between 11am and 12noon;

· Burringbar Street, Mullumbimby between Station Street and Dalley Street which is effective between 10.45am and 11.15am;

· Lane 7, between Dalley Street and east of the Fire Station driveway, and Lane 2, from Lane 7 to Tincogan Street, with both in effect from 4pm Thursday 22 November 2012 through to 8am Monday 26 November 2012.

2. That the organisers be responsible for implementing a Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation and be advised Council’s fee for holding an
on-road event will apply.

3. That public liability insurance be in place for the sum of at least $10 million.

4. That the concurrence of NSW Police and NSW Fire be sought by the organisers, independent of the Local Traffic Committee endorsement.

5. That the event be advertised in accordance with the Roads Act charged at cost to the organisers.

6. That the event be notified on Council's website.

7. That in the event Council staff and materials are required for the event, costs be recorded and invoiced to the organisers as appropriate. (Woods/Cameron)

6. Twilight Markets road closure, Mullumbimbi Street, Brunswick Heads

File No: F161 / #E2012/10364

12-810 Resolved:

1. That the temporary road closure of Mullumbimbi Street between Park Street and The Terrace, Brunswick Heads from 12 noon to 12 midnight on Wednesday 19 December 2012 be approved for the holding of the annual Twilight Markets.

3. That public liability insurance be in place for the sum of at least $10 million.

4. That the concurrence of the Police be sought by the organisers, independent of the Local Traffic Committee endorsement.

5. That the event be advertised in accordance with the Roads Act charged at cost to the organisers.

6. That the event be notified on Council's website.

7. That in the event Council staff and materials are required for the event, costs be recorded and invoiced to the organisers as appropriate. (Woods/Cameron)

7. Proposed double barrier line, Lighthouse Road, Byron Bay

File No: F161 / #E2012/10364

12-811 Resolved that double barrier lines be installed on Lighthouse Road, Byron Bay as follows:

1. between the existing centre line marking from the eastside of Massinger Street through to the east side of Paterson Street;

2. commencing at the end of the existing centre line marking north-east of Tallow Beach Road and continue to 5m south of the property driveway at 130 Lighthouse Road;

3. commencing on the north-east side of Lee Lane, continue through to the existing centre line marking plus the installation of No Stopping signage through to the south side of the intersection at Brooke Drive;

4. provide guide posts or bollards along the western side of Lighthouse Road, at site 2 in Figure 8, to delineate the edge of the road and the informal parking area.

(Woods/Cameron)

8. Mobile Library Request to change parking limit, Byron Street, Bangalow

File No: F161 / #E2012/10364

12-812 Resolved that the bus zone on the north side of Byron Street, Bangalow immediately west of Market Street, and which applies to school zone times only, be amended so as to include 8am and 11am Saturday. (Woods/Cameron)

9. Christmas Eve Carnival street closure, Byron Street, Bangalow

File No: F161 / #E2012/10364

12-813 Resolved:

1. That the Bangalow Christmas Eve Carnival, scheduled for Monday 24 December 2012 and includes the temporary closure of Byron Street between Granuaille Road and Market Street between the hours of 5.30pm and 10.00pm, be endorsed.

3. That public liability insurance be in place for the sum of at least $10 million.

4. That the concurrence of the Police be sought by the organisers, independent of the Local Traffic Committee endorsement.

5. That the event be advertised in accordance with the Roads Act charged at cost to the organisers.

6. That the event be notified on Council's website.

7. That in the event Council staff and materials are required for the event, costs be recorded and invoiced to the organisers as appropriate. (Woods/Cameron)

10. Request for No Parking, Bangalow Road, Byron Bay

File No: F161 / #E2012/10364

12-814 Resolved:

1. That No Stopping be signed on the eastside of Bangalow Road, Byron Bay between Seaview Street and the south side of the property driveway at number 13 Bangalow Road.

2. That a report come back to the local traffic Committee on the feasibility of shifting the centre line along Bangalow Road in this vicinity by up to 1.0m eastward.

(Woods/Cameron)

11. Proposed No Right Turn signage, Station Street, Mullumbimby

File No: F161 / #E2012/10364

12-815 Resolved:

1. That a No Right Turn (R2-6A (R)) replace the existing Left Turn arrow sign (R2-14A (L)) on Station Street, Mullumbimby opposite the Woolworths exit.

2. That the existing Give Way sign at the corner of the exit driveway form the car park be replaced with the No Right Turn (R2-6A (R)). (Woods/Cameron)

12. Comparison of traffic data, Repentance Creek Road and Mafeking Road

File No: F161 / #E2012/10364

12-816 Resolved that the details regarding traffic volume, speed and crash data for Mafeking Road and Repentance Creek Road be noted. (Woods/Cameron)

13. Request for Speed Zone Review, Coolamon Scenic Drive, Mullumbimby

File No: F161 / #E2012/10364

12-817 Resolved:

1. That Council request the RMS to conduct a speed zone review of Coolamon Scenic Drive, west side of Mullumbimby, from the existing 50km zone to the intersection of Coolamon Scenic Drive and Myocum Road.

2. That Council request the RMS to conduct a speed zone review of Coolamon Scenic Drive, north eastern side of Mullumbimby, from the existing 50km zone. (Woods/Cameron)

CORPORATE MANAGEMENT - LATE REPORT

Report No. 15.1.

2011/2012 Draft Financial Statements

File No: #E2012/13581

12-818 Resolved:

1. That Council suspend standing orders to allow for a presentation from Council’s External Auditor, Kevin Franey, of Thomas Noble and Russell.

2. That Council adopt the Draft 2011/2012 Financial Statements.

3. That Council to approve the signing of the “Statement by Councillors and Management” in accordance with Section 413(2)(c) of the Local Government Act 1993 and Clause 215 of the Local Government (General) Regulation 2005 in relation to the 2011/2012 Draft Financial Statements.

4. That Council exhibit the Financial Statements and Auditor’s Report and call for public submissions on those documents with submissions closing on 16 November 2012 in accordance with Section 420 of the Local Government Act 1993.

5. That the Audited Financial Statements and Auditors Report be presented to the public at the Ordinary Meeting of Council scheduled for 8 November 2012 in accordance with Section 418(1) of the Local Government Act 1993. (Woods/Cameron)

PROCEDURAL MOTION

12-819 Resolved that the order of business be changed to deal with items discussed during Public Access, those being 12.5, 12.2, 8.7, 8.1, 12.16, 12.9, 8.2, next on the Agenda.

(Woods/Richardson)

The motion was put to the vote and declared carried.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORT

Report No. 12.5.

Proposed Part Closure Road Reserve and Transfer Broken Head Road, Byron Bay

File No: #E2012/6793

12-820 Resolved:

1. That Council endorse the closure of the road reserve between Lot 320 DP755695 and Lot 438 DP729107 and its extension to the north adjoining the western alignment of Broken Head Road.

2. That Council require the applicants of the road closure to pay the fee as published in Council’s Fees and Charges 2012- 2013 for a road closure, in the sum of $495.00.

3. That all costs, including but not necessarily limited to, legal services, fees for Crown Lands, fees for plan registrations, survey, valuations etc be met by all three parties equally, being Council, Arakwal Corporation and Mr John Morgan, for the road closure and that Council’s costs come from the Roads Maintenance Budget.

4. That Council receive a peppercorn compensation of $1 upon sale of land for closure of road.

5. That any service relocations and works associated with affecting the access arrangements for Lot 320 not be at any cost to Council and be solely a matter between the owners of Lot 320 and Lot 438 and any relevant service authority.

6. That Council authorise the General Manager and the Mayor to sign and seal all relevant documents to affect the road closure and transfer of lands to the adjoining land holders.

(Wanchap/Ibrahim)

AMENDMENT

Moved:

1. That Council endorse the closure of the road reserve between Lot 320 DP755695 and Lot 438 DP729107 and its extension to the north adjoining the western alignment of Broken Head Road, subject to the following:

a) That Council require the applicants of the road closure to pay the fee as published in Council’s Fees and Charges 2012- 2013 for a road closure, in the sum of $495.00.

b) That all Council’s costs, including but not necessarily limited to, legal services, fees for Crown Lands, fees for plan registrations, survey, valuations etc be met by the applicants for the road closure.

c) That any service relocations and works associated with affecting the access arrangements for Lot 320 not be at any cost to Council and be solely a matter between the owners of Lot 320 and Lot 438 and any relevant service authority.

d) That Council authorise the General Manager and the Mayor to sign and seal all relevant documents to affect the road closure and transfer of lands to the adjoining land holders. (Woods/Cubis)

The amendment was put to the vote and declared lost.

Crs Ibrahim, Dey, Richardson, Cameron, Wanchap, and Spooner voted against the amendment.

The motion (Wanchap/Ibrahim) was put to the vote and declared carried.

Cr Woods voted against the motion.

GENERAL MANAGER’S REPORT

Report No. 12.2.

2012 Community Building Partnership Program Grant Applications

File No: #E2012/12658

12-821 Resolved:

1. That Council, in relation to the 2012 Community Building Partnership Grant Funding round, endorse:

a) the New Brighton change room facilities

b) the embellishment of parks, Byron Bay

c) civic improvements Byron Bay town centre

d) Byron Bay Town Centre Upgrade

e) shade structures for Mullumbimby Skate Park

f) sports field lighting for Jeff Schneider Fields (western field) at Bangalow recreation Grounds

2. That Council authorise the General Manager to provide the necessary information and make necessary submissions to access the $300,000 available funding.

3. That Council allocate the required matching capital works and project management funding for the projects listed in part 1 above from Section 94 Funds and Special Rate Variation funding.

4. That Council give approval to the Byron Bay Cycle Club to submit a grant application for the 2012 Community Building Partnership Program for the construction of a cycle track on Council owned land at the Byron Regional Sporting and Cultural Centre.

(Richardson/Spooner)

The motion was put to the vote and declared carried.

Crs Wanchap voted against the motion.

NOTICE OF MOTION

Notice of Motion No. 8.7.

Sangsurya - BSC ats Kruger LEC 10692/2012

#E2012/11509

12-822 Resolved:

1. That the Acting General Manager convene a meeting involving Councillors, relevant staff and the applicant’s representative on or before 2 November 2012 to explore the options to resolve the outstanding issues on the site

2. That Council writes to the applicant and:

a) Requests the applicant to discontinue the current appeal

b) Requests the applicant applies for a spot-rezoning of their particular property to make the development a permissible use on their property

c) That if these requests are agreed to, Council makes the application for rezoning a highest priority

d) That if these requests are agreed to, Council agrees to a discontinuance on the basis that each party pay their own costs.

e) That while the applicant is pursuing the above spot rezoning, Council suspend any current Compliance action.

f) That the Acting General Manager convene a meeting involving Councillors, relevant staff and the applicant’s representative on or before 2 November 2012 to explore the options to resolve the outstanding issues on the site.

3. That the outcome of the meeting and requests be brought to Council as a late report to the 8 November Council meeting. (Woods/Cubis)

The motion was put to the vote and declared carried.

MAYORAL MINUTE

There was no Mayoral Minute.

NOTICE OF MOTION

Notice of Motion No. 8.1.

Helen Street Footbridge Repairs

#E2012/11521

Cr Cubis declared a pecuniary interest in this matter at the start of the meeting.

12-823 Resolved:

1. That the following repair works be undertaken on the Helen Street footbridge, though not during school holidays:

a) bolts re-tightened throughout, including replacement if too long;

b) deck screws re-tightened to finish at least 2mm below timber surface;

c) timber removed where it has sprung away from deck boards and corresponding divot filled (with epoxy or similar); and

d) timber removed where it has sprung away from kerb logs.

2. That on-going maintenance along the lines of item 1 and maintenance of the timber be included in the annual Management Plan and Budget.

3. That staff undertake a review of hand rail options and report back to Council on options and costs.

4. That staff investigate costings of a water access system and if costs are $2,000 or less it be installed, otherwise the matter be reported back to Council. This be funded from Open Space and Recreation/Parks Maintenance Budget.

5. That staff contact the Department of Public Works to confirm that aspects of the defects were completed, including the bolt re-tightening, and report back to Council.

(Dey/Spooner)

The motion was put to the vote and declared carried.

The meeting adjourned for lunch at 12.33pm and reconvened at 1.18pm.

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 12.16.

North Byron Parklands Regulatory Working Group

File No: #E2012/8825

Moved:

1. That Council nominate the following three community representatives for appointment to the North Byron Parklands Regulatory Working Group (RWG) for two years from today, being Denise Nessel, Paul Arrowsmith and Christine Cherry, with Robert Rosen as alternate.

2. That Council advise the Chairperson of the North Byron Parklands Regulatory Working Group (RWG) and Billinudgel Property Pty Ltd of the nominations.

3. That Council thank all the Community members for submitting an application for nomination to North Byron Parklands Regulatory Working Group (RWG).

4. That Council add one further Council appointment to the RWG that being a staff Ecologist or other appropriate staff person. (Dey/Cameron)

AMENDMENT

12-824 Resolved:

1. That Council nominate the following three community representatives for appointment to the North Byron Parklands Regulatory Working Group (RWG) for two years from today, being Paul Arrowsmith, Simon Millichamp and Christine Cherry, with Denise Nessel and Robert Rosen as alternates.

2. That Council advise the Chairperson of the North Byron Parklands Regulatory Working Group (RWG) and Billinudgel Property Pty Ltd of the nominations.

3. That Council thank all the Community members for submitting an application for nomination to North Byron Parklands Regulatory Working Group (RWG).

(Richardson/Wanchap)

The amendment was put to the vote and declared carried.

Crs Dey, Cameron, Wanchap voted against the amendment.

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

Report No. 12.9.

Expression of Interest – Part Brunswick Heads Memorial Hall Leases

File No: #E2012/7681

12-825 Resolved:

1. That Council does not call for expressions of interest to lease a shop space at part Lot 10 Section 7 DP 758171 known as Brunswick Heads Memorial Hall pursuant to Section 55(3)(e) of the Local Government Act 1993, the reasons being:

a) the land being leased is categorised Community Land.

b) the proposed lessee, Brunswick Valley Red Cross, is a not-for-profit organisation.

c) the proposed lessee, Brunswick Valley Red Cross, provides value to the community.

2. That Council offer the lease for the two premises to the Brunswick Valley Red Cross.

3. That notice of Council’s intention to grant the two (2) leases over Community Land be notified and exhibited in accordance with Section 47 of the Local Government Act for a period of 28 days. (Ibrahim/Woods)

The motion was put to the vote and declared carried.

NOTICES OF MOTION

Notice of Motion No. 8.2.

Safeguarding the Shire from Coal Seam Gas Mining

#E2012/11895

12-826 Resolved:

1. That Council rejects the NSW Government’s Strategic Regional Land Use Policy and its failure to rule out coal and CSG development on productive agricultural land and in sensitive environmental areas as promised at the last election.

2. That Council reaffirms its moratorium position, recognising the failure of industry and governments to make the scientific case that this industry can operate without harming water, land, food production, tourism and community health.

3. That Council call for a new planning system to include a power for local councils to veto mining and CSG development through creating mining no-go zones in Local Environment Plans.

4. That Council, to the extent that is legally possible, prohibit CSG mining or exploration activities in road reserves under Council’s management or ownership and on Council-owned land.

5. That Council write to NOROC requesting it seek legal advice as to the legality of prohibiting CSG mining or exploration activities on land under Councils’ ownership.

6. That Council supports recommendations from the NSW Upper House Enquiry into Coal Seam Gas Mining being included into the new NSW Code of Practice on coal seam gas mining that is being developed.

7. That the local MP and Minister for Local Government, Mr Don Page, be informed of the notice of motion and resolution, and a letter be sent requesting a response.

(Richardson/Dey)

The motion was put to the vote and declared carried.

Crs Cubis, Woods and Hunter voted against the motion.

The Ordinary meeting adjourned at 2.14pm to allow Reserve Trust Committee Meeting. The Ordinary meeting reconvened at 2.16pm. Resolution 12-827 was used during that meeting.

Notice of Motion No. 8.3.

Flood Maps

#E2012/11861

12-828 Resolved that Council hold a workshop as soon as can be arranged with staff to discuss the flood maps in the LEP and sea level rise benchmarks. (Woods/Cubis)

The motion was put to the vote and declared carried.

The Mayor suspended standing orders at 2.21pm to receive a presentation on the 2011/2012 Draft Financial Statements by Mr Franey, TNR.

The Mayor resumed standing orders at 3.09pm.

Notice of Motion No. 8.4.

Additional Councillor to Joint Regional Planning Panel

#E2012/11946

Moved: That Council nominate Cr Wanchap as one of two elected representatives and the second councillor replace the Manager of Land and Natural Environment.

(Wanchap/Dey)

AMENDMENT

12-829 Resolved that Council nominate Cr Wanchap as an alternate delegate to the Joint Regional Planning Panel. (Woods/Cubis)

The amendment was put to the vote and declared carried.

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

Notice of Motion No. 8.5.

Local Preference Policy

#E2012/11715

12-830 Resolved:

1. That Council receive a staff report on any relevant matters to consider in the development and adoption of a Local Preference Policy in relation to the favouring of local content and residents:

· for the acquisition goods and services generally,

· as an evaluation criteria within tender documents for the acquisition of goods and services, and

· as an evaluation criteria within tender documents for the granting of leases, licenses and other estates.

2. That the report to be informed by reference to:

a) Relevant State & Federal Legislation, Regulation & Guidelines. For example, Local Government Act 1993, Local Government Regulation 2005, Trade Practices Act 1974, Fair Trading Act 1987, Tendering Guidelines for NSW Local Government;

b) Existing Byron Shire Council Policies, including Byron Shire Council Ethical Catering Policy (Policy No: 10/005); Byron Shire Council Procurement and Purchasing Policy (Policy No 2.6); Byron Shire Council Community Economic Development Policy (Policy 10/003);

c) Local Preference Policies already enacted by other NSW local Councils such as, Wyong Shire Council Local Preference Policy, Kiama Municipal Council Local Preference Purchasing Policy, Shoalhaven City Council Local Preference Policy; and

d) Any other factors that Staff consider necessary to assist in the development of a Local Preference Policy for the Byron Shire Council.

3. That the report considers the effect of the following Policy Statement and Policy Objectives being incorporated into a Local Preference Policy:

Policy Statement:

To ensure that Council achieves the best ‘overall value‐for‐money’ in its procurement of goods and services, while (where possible) giving preference to local suppliers, and non local suppliers using local content, to support the Shire’s economic development.

Policy Objectives:

i) Council is committed to obtaining the best possible value for residents through the implementation and management of a fair and appropriate procurement system that seeks to maximize overall community benefit for the Shire.

ii) Council recognises its role in the local community as a purchaser of goods and services. Given that role it is also important that Council considers the positive effect it can have in encouraging and facilitating the local economy through the level of local content contained in offers for the supply of goods and services. This includes the ‘multiplier’ effect of spending dollars locally.

iii) Through the provisions of a local preference policy, Council aims to support the viability of small businesses within the Byron Shire so as to encourage the generation of local employment opportunities.

iv) In accordance with this policy, Council will apply a preference to offers for the provision of goods and services that demonstrate a level of local content.

v) To act transparently and publicly document objective criteria that may be considered in the assessment of procurement decisions.

4. The staff report to be presented to Council for consideration by February 2013.

(Spooner/Richardson)

The motion was put to the vote and declared carried.

Notice of Motion No. 8.6.

Creation of Quarterly Liaison Meetings

#E2012/12069

12-831 Resolved:

1. That regular liaison meetings for Councillors and Senior Staff initially be held quarterly in February, May, August and November.

2. That the agenda for these informal meetings be developed by the Mayor in consultation with the General Manager and opportunity be made available for Councillors and staff to request items for discussion. (Richardson/Woods)

The motion was put to the vote and declared carried.

PETITIONS

There were no petitions tabled.

SUBMISSIONS AND GRANTS

There were no submissions or grants tabled.

DELEGATE'S REPORT

1. Rous Water Meeting

Cr Woods advised Councillors:

"We [Crs Woods and Dey] went to Rous Water for our first meeting last week, week before last. It was very good. Interestingly enough one of the points that I took up on at that was the effect of fringe benefits tax on budgets and I asked a question of that of staff. I have received a response but I'd like us to review that down the track. It does have an impact and I think there is a way we can alleviate it but I just wanted to alert us to that.

Cr Dey might have more to add about the meeting but it was pretty basic, pretty standard administrative stuff for the first meeting."

Cr Dey also advised Councillors:

"Col Sullivan is the Chair and Susan Meehan from Ballina is the Deputy.

We went through an audit process very similar by the same company as this. We were also given in our papers called a delivery report which is part of the IP&R process which was quite good. It had a series of traffic lights. You got a green traffic light if everything was ok, a red traffic light if everything was really bad and an orange if it was sort of maybe. And that was quite interesting but not totally informative.

The only other thing to inform is there is the case of the flouridation where people have taken Rous to court in an attempt to prevent flouridation in the other three shires whom Rous provides to and that's interesting in that it shows up in all the books and all the documents. It gets a red light on the delivery report because Rous is unable to deliver the flouridation project and shows up in the management plan and budgeting. In other words the money is being set aside to go ahead with the flouridation process and it's stalled while the case takes its process."

GENERAL MANAGER’S REPORT

Report No. 12.1.

Communications Advisory Committee

File No: #E2012/10001

12-832 Resolved:

1. That Council note this report.

2. That Council reforms the Communications Advisory Committee until the next Local Government elections in 2016.

3. That Crs Spooner, Richardson and Hunter are appointed as the Councillor representatives of the Communications Advisory Committee. (Spooner/Richardson)

The motion was put to the vote and declared carried.

The meeting adjourned at 4.03pm for a break and reconvened at 4.20pm.

URGENCY MOTION

1. Wilson's Creek Landslip

12-833 Resolved that the matter of the Wilson's Creek landslip be discussed as a matter of urgency. The urgency of the matter is that there is no time to go to Tender as it needs to be fixed now.

(Richardson/Woods)

The motion was put to the vote and declared carried.

12-834 Resolved:

1. That pursuant to Section 55 (3) of the Local Government Act 1993, there are extenuating circumstances which apply to the “Wilsons Creek Landslip Emergency Works Proposal” such that a satisfactory result would not be achieved by inviting tenders for the following reasons:

i) Coffey Geotechnics have recommended that Council provide emergency soil nail support to the road in accordance with their advice dated 24 October 2012 (E2012/14844)

ii) It is considered more of a benefit to the community to complete the works without the tender process, than to risk not completing the proposed emergency work as soon as possible.

2. That Council delegate authority to the General Manager to negotiate agreement with suitable contractors to complete the Proposed Natural Disaster Contract Restoration Works subject to funding approval from Roads and Maritime Services.

(Richardson/Woods)

The motion was put to the vote and declared carried.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORTS

Report No. 12.4.

Proposed submission Draft NSW Long Term Transport Master Plan

File No: #E2012/9566

12-835 Resolved that the matter rest on the table. (Woods/Cameron)

The motion was put to the vote and declared carried.

Report No. 12.6.

Community Infrastructure Advisory Committee

File No: #E2012/11248

12-836 Resolved:

1. That Council note this report.

2. That Council adopt the draft Community Infrastructure Advisory Committee Constitution (Annexure 28 #E2012/11644).

3. That Council appoint Cr Dey, Cr Cameron and Cr Hunter as its representatives to the Community Infrastructure Advisory Committee.

4. That advertising for membership of the Community Infrastructure Advisory Committee take place to include three community representatives. (Woods/Richardson)

The motion was put to the vote and declared carried.

Report No. 12.7.

Establishment S355 Committee Byron Regional Sport and Cultural Complex

File No: #E2012/11157

12-837 Resolved:

1. That Council confirm the establishment of the Byron Regional Sport and Cultural Complex Section 355 Management Committee.

2. That Council adopt the Delegation of Authority under Section 377 of the Local Government Act 1993, as shown in Annexure 22(a) (#E2012/11213) for the Section 355 Management Committee.

3. That Crs Cubis and Richardson be appointed as the Councillor representatives for the Section 355 Management Committee, with Cr Woods appointed as the alternate delegate.

4. That advertising for membership of the Byron Regional Sport and Cultural Complex Section 355 Management Committee take place, including appropriate consultation with peak user groups, comprised as follows:

- 2 x representatives from the Byron Bay Sporting Association

- 1 x community representative

- 1 x cultural representative

5. That one non voting representative from the Multi Purpose Facility management be included in the Section 355 Management Committee. (Cubis/Richardson)

The motion was put to the vote and declared carried.

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

Report No. 12.11.

Community Garden Ocean Shores - Licence Agreement

File No: #DM1255371

12-838 Resolved:

1. That Council note the establishment of the initial licence agreement via a competitive expression of interest process.

2. That notice of Council’s intention to grant a licence over Community Land be notified and exhibited in accordance with Section 47 of the Local Government Act for a period of 28 days.

3. That if no submissions are received during the public exhibition period, Council authorise the General Manager to grant a licence to Mullumbimby Community Gardens Inc over Shara Community Gardens, substantially in the form contained at Annexure 23(b)(#DM1255448) on the following terms:

a) Commencement date 4 April 2012

b) 3-year term

c) Nil licence fee

4. That on granting a licence, Council authorise the General Manager to execute and affix the Council Seal to the licence documentation in accordance with clause 400 of Local Government (General) Regulations 2005.

5. That if submissions are received during the public exhibition period, that a further report to Council be considered prior to granting a licence agreement. (Richardson/Woods)

The motion was put to the vote and declared carried.

Report No. 12.12.

Agreement for Lease and Lease of Jones Road Underpass

File No: #E2012/10990

Moved:

1. That Council grant and execute a Deed of Agreement for Lease to Billinudgel Property Pty Ltd substantially in the form at Annexure 26(a) (#E2012/12516) subject to s149 consent from the Department of Planning:

2. That Council grant and execute a Lease to Billinudgel Property Pty Ltd substantially in the form at Annexure 26(b) (#E2012/11443) subject to s149 consent from the Department of Planning; on the following conditions:

a) Lease term of 10 years

b) A lease fee of $2,000 per annum exclusive of GST and increased annually in accordance with CPI

c) All lease preparation costs be met by the tenant

3. That Council authorise the General Manager to execute and affix the Council Seal to the Deed of Agreement for Lease and Lease in accordance with Regulation 400 of the Local Government (General) Regulations 2005. (Dey/Cameron)

AMENDMENT

12-839 Resolved:

a) Lease term of 99 years

b) A lease fee of $2,000 per annum exclusive of GST and increased annually in accordance with CPI

c) All lease preparation costs be met by the tenant

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 put to the vote and declared carried.

Cr Cameron voted against the motion.

Report No. 12.13.

Section 356 Donation Requests

File No: #E2012/8130

Moved:

1. That Council reimburse the Bangalow Anglican Church, Development and Construction Application Fees paid, totalling $630.00 from job number 2341.16 Contributions – Community Facilities.

2. That Council advertise the Section 356 Donation proposed to be made in 1. above.

(Hunter/Woods)

AMENDMENT

12-840 Resolved:

1. That Council reimburse the Bangalow Anglican Church, Development and Construction Application Fees paid, totalling $630.00 from job number 2341.16 Contributions – Community Facilities.

2. That Council approve the waiving of Durrumbul Hall hiring fees for “Lock the Road’ event of 17 November 2012 by the Durrumbul Hall Section 355 Committee.

3. That Council advertise the Section 356 Donation proposed to be made in 1. above.

(Richardson/Dey)

The amendment was put to the vote and declared carried.

Crs Cubis, Woods and Hunter voted against the amendment.

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

Crs Cubis, Woods and Hunter voted against the motion.

Report No. 12.14.

Investments – September 2012

File No: #E2012/10845

12-841 Resolved that Council receive and note the record of investments for the month of September 2012. (Hunter/Woods)

The motion was put to the vote and declared carried.

PROCEDURAL MOTION

12-842 Resolved that Report No. 12.4. be lifted from the table. (Cameron/Richardson)

The motion was put to the vote and declared carried.

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORT

Report No. 12.4.
continued

Proposed submission Draft NSW Long Term Transport Master Plan

File No: #E2012/9566

12-843 Resolved:

1. That Council endorse and authorise staff to make the submission as detailed at Annexure 33 (#E20112/12203) with the following amendments, in regard to the Draft NSW Long Term Transport Master Plan.

2. That a new point 1 on page 2 be added (with subsequent alteration to numbering) as follows:

Council, representing the community, notes a fundamental flaw in the transport planning process outlined in the Draft NSW Long Term Transport Master Plan (LTTMP) in that there is no ongoing funding for any significant public transport infrastructure projects in the Northern Rivers prior to or during the term of the LTTMP.

There are also no projects put forward for inclusion in the LTTMP or Regional Transport Plans, only a suggestion that any such infrastructure development projects not be considered until Regional Transport plans are completed. By comparison there are many ongoing projects in the Greater Sydney area that are funded and continuing without a requirement for such projects to be considered by the LTTMP and subsequent Regional Transport Plans.

This represents a gross inequity in application of taxpayer funds for public transport developments and ignores the reality of the Northern Rivers as a growth area, as the fifth largest market for tourism in the nation and our location in what will become the busiest transport corridor in the nation within a few years. Council believes that the LTTMP and Regional Transport Plans should not be used to delay the urgent need for public transport development and calls on the NSW Government to identify funding for priority public transport projects and delivery timelines that are independent of the LTTMP and Regional Transport Plans.

3. That a new point 1 on page 3 be added (with subsequent alteration to numbering) as follows.

The NSW Government immediately identifies equitable funding for priority public transport projects and delivery timelines that are independent of the LTTMP and Regional Transport Plans.

4. That the reference to "1 to 14" in current point 1 on page 3 be changed to "1 to 15).

(Cameron/Richardson)

The motion was put to the vote and declared carried.

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORT

Report No. 12.17.

Public Health Act 2010 and Public Health Regulations 2012

File No: #E2012/10611

12-844 Resolved:

1. That Council note this Report.

2. That information on page 123 line 30(a) read "Proposed application fee be $100 (maximum permitted under clauses 11, 19, 31)".

3. That Council publicly advertise for 28 days the proposed changes to fees and charges identified in this report and if no submissions are received that the fees and charges be adopted. (Ibrahim/Cameron)

The motion was put to the vote and declared carried.

PROCEDURAL MOTION

12-845 Resolved that the order of business be changed to deal with Report No. 14.1 followed by 14.2. next on the agenda. (Woods/Hunter)

The motion was put to the vote and declared carried.

COMMUNITY INFRASTRUCTURE - CONFIDENTIAL REPORT

Report No. 14.1.

CONFIDENTIAL Extension of Bitumen Spray Sealing Contract
2010-00049

File No: #E2012/6406

12-846 Resolved:

1. That pursuant to Section 10A(2) and (d) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, namely Extension of Bitumen Spray Sealing Contract 2010-00049.

2. That the reasons for closing the meeting to the public to consider this item be that:

(a) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

(b) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the Council, or

(iii) reveal a trade secret.

3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as disclosure of the confidential information could compromise the commercial position of the tenderers, could adversely affect Council’s ability to contract with preferred tenderers or could affect Council’s ability to attract competitive tenders in the event that fresh tenders are invited. (Woods/Cameron)

The motion was put to the vote and declared carried.

CONFIDENTIAL SESSION

12-847 Resolved:

1. That Council extend the Bitumen Spray Sealing Contract, 2010-00049, to RPQ Spray Seal Pty Ltd by twelve (12) months to 16 November 2013.

2. That Council makes public it decision including the name of the successful tenderer in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

(Richardson/Woods)

The motion was put to the vote and declared carried.

12-848 Resolved that Council move out of confidential session. (Woods/Cameron)

The motion was put to the vote and declared carried.

CORPORATE MANAGEMENT - CONFIDENTIAL REPORT

Report No. 14.2.

CONFIDENTIAL Expressions of Interest Byron Bay Tennis Courts Lease

File No: #DM1260588

12-849 Resolved:

1. That pursuant to Section 10A(2)(c) and (d) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, namely the Expression of Interest to lease Byron Bay Tennis Courts and Shed.

2. That the reasons for closing the meeting to the public to consider this item be that the report contains commercial information of a confidential nature, that would if disclosed, prejudice the commercial position of the person who supplied it.

3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as disclosure of the confidential information could compromise the commercial position of the proponent responding to the call for expressions of interest and could adversely affect Council’s ability to attract competitive offers in the event that fresh expressions of interest are called. (Woods/Cameron)

The motion was put to the vote and declared carried.

CONFIDENTIAL SESSION

Moved:

1. That Council decline to grant a lease to any of the Respondents for the following reasons:

a) lack of submission information provided to Councillors;

b) lack of information regarding ongoing maintenance requirements;

c) lack of finalisation of the Byron Shire Council Sportsfield User Policy.

2. That the draft Byron Shire Council Sports Field User Policy is finalised to establish Council’s position for establishing formal management arrangements for tennis court facilities located on Council owned or managed land.

3. That in the interim, Council continues its arrangement with Cavanbah Tennis Club Inc as informal managers of the facility until such time as a formal tenure arrangements are in place in accordance with the new Policy. (Richardson/Spooner)

AMENDMENT

12-850 Resolved:

1. That Council grant a new lease over the property known as Byron Bay Tennis Courts and Shed being part Lot 444 Section 28 DP 758207 to Andrew Bates Tennis based on the call for expression of interest and the draft lease agreement at Annexure 5(b) (#2012/2114) on the following basic conditions:

a) Lease term of five years

b) A lease fee of $18,000.00 per annum exclusive of GST and increased annually in accordance with CPI

c) All lease preparation costs are met by the tenant

2. That Council authorise the General Manager to affix the Council Seal to the Lease of part Lot 444 Section 28 DP 758207 in accordance with Regulation 400 of the Local Government (General) Regulations 2005.

3. That Community Land Lease Agreement income budget for Byron Bay Tennis Courts account #1188.001 be pro-rata increased from $ 5,200 to $18,000 per annum at the next quarterly budget review.

4. That the Report and Annexures of the closed part of the meeting remain confidential until after such time as a lease is executed. (Cameron/Woods)

The amendment was put to the vote and declared carried.

Crs Ibrahim, Dey, Richardson and Spooner voted against the amendment.

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

Crs Ibrahim, Dey, Richardson and Spooner voted against the motion.

12-851 Resolved that Council move out of confidential session. (Richardson/Woods)

The motion was put to the vote and declared carried.

The meeting closed at 6.02pm with the following items being deferred to the Ordinary Meeting of 8 November 2012.

EXECUTIVE MANAGERS' REPORTS

Environment And Planning

12.19.	Outstanding financial considerations Coastal and Estuary Work Program – New Brighton Beach Scraping Program and Surveying of the Beach Escarpment
12.20.	Review of Sea Level Rise Planning Benchmarks
12.21.	PLANNING - Proposed West Byron Voluntary Planning Agreement