Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 2 February 2017

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

2 February 2017

 

 

INDEX OF ITEMS DISCUSSED

 

The following items are listed in the order in which they were dealt with.

 

Report No. 13.1          Council Investments 24 November to 31st December 2016. 5

Report No. 13.3          Code of Conduct Annual Report 1 September 2015 - 31 August 2016. 5

Report No. 13.4          Section 355 Committee - Resignation and Appointment of new members. 5

Report No. 13.9          Byron Bay Town Centre Local Environmental Plan and Development Control Plan controls review.. 5

Report No. 13.10       Council Road Reserve Closure and Transfer - Arakwal & Morgan - Bangalow Road, Byron Bay. 6

Report No. 14.1          Report of the Finance Advisory Committee Meeting held on 10 November 2016. 6

Report No. 14.2          Report of the Transport and Infrastructure Advisory Committee Meeting held on 1 December 2016. 7

Report No. 16.1          CONFIDENTIAL - Tender 2016-0033 Construction of Sewerage Pump Station SPS5012  8

Report No. 16.2          CONFIDENTIAL - Council Tender for the Construction of Concrete Roundabout and Road Reconstruction at the Intersection of Sunrise Boulevard and Ewingsdale Road, Byron Bay  9

Report No. 13.8          BSC & Anor ats Arnott-10.2016.716.1 Three storey dwelling with basement at 27 Marine Parade, Wategoes. 9

Report No. 13.2          2017/2018 Special Rate Variation Application. 9

Delegates Report     New Year's Eve and New Year's Day.............................................................. 13

Report No. 13.5          Rating and Revenue Options. 13

Report No. 13.6          Proposed NBN Fixed Wireless Tower - 308 Coorabell Road. 13

Report No. 13.7          Report of the Planning Review Committee Meeting held on 1 December, 2016. 13

Report No. 14.3          Report of the Water, Waste and Sewer Advisory Committee Meeting held on 1 December 2016. 14

Petition No. 10.1        Objection to Designer Collective Markets and food Truck Street Party. 15


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                         2 February 2017

 

 

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 2 February 2017 COMMENCING AT 9.04AM AND CONCLUDING AT 12.10PM

I2017/133

PRESENT:   Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner

 

Staff:   Ken Gainger (General Manager)

            Mark Arnold (Director Corporate and Community Services)

            Phil Holloway (Director Infrastructure Services)

            Shannon Burt (Director Sustainable Environment and Economy)

            James Brickley (Manager Finance for item 13.2)

            Ralph James (Coordinator Legal Services)

            David Royston-Jennings (Minute Taker)

 

The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.

 

 

Public Access

 

Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:

 

13.1     Council Investments 24 November to 31 December 2016

 

Chris Harris addressed Council against the recommendation.

 

13.2     2017/2018 Special Rate Variation Application

 

Chris Harris, Sandra Kessler and Kathy Norley addressed Council against the recommendation.

 

13.8     BSC & Anor ats Arnott – 10.2016.716.1 Three storey dwelling with basement at 27 Marine Parade, Wategoes

 

Chris Pratt, representing the applicant (accompanied by Kate Singleton) addressed Council.

 

Submission No. 1 Road Maintenance

 

Matthew Lambourne made a submission to Council regarding road maintenance.

 

Submission No. 2 Water Sensitive Living

 

Dr. Mary Gardner made a submission to Council regarding Water Sensitive Living.

 

Question No. 1 Illegal Holiday Letting

 

David Wallace asked the following question:

 

What were the other legal actions undertaken in the LEC against illegal holiday letting and what ongoing legal action has been undertaken to recover the $300,000?

 

The question was taken on notice.

 

The meeting adjourned at 9.38am and resumed at 10.06am.

 

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

 

There were no declarations of interest.

 

 

Tabling of Pecuniary Interest Returns

 

There were no Pecuniary Interest Returns tabled.

 

 

Adoption of Minutes from Previous Meetings

 

17-001

Resolved that the minutes of the following meetings be confirmed:

·        Ordinary Meeting held 15 December 2016

·        Byron Shire Reserve Trust Committee held 15 December 2016              (Richardson/Hunter)

 

The motion was put to the vote and declared carried.

 

 

Reservation of Items for Debate and Order of Business

 

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

 

Staff Reports 

 

Corporate and Community Services

Report No. 13.2       2017/2018 Special Rate Variation Application

Report No. 13.5       Rating and Revenue Options

Report No. 13.6       Proposed NBN Fixed Wireless Tower - 308 Coorabell Road

 

Sustainable Environment and Economy

Report No. 13.7       Report of the Planning Review Committee Meeting held on 1 December, 2016

Report No. 13.8       BSC & Anor ats Arnott-10.2016.716.1 Three storey dwelling with basement at 27 Marine Parade, Wategoes

 

Infrastructure Services

Report No. 14.3       Report of the Water, Waste and Sewer Advisory Committee Meeting held on 1 December 2016    

 

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 17-002 and concluding with Resolution No. 17-017.

 

 

Staff Reports – CORPORATE AND COMMUNITY SERVICES

 

Report No. 13.1           Council Investments 24 November to 31st December 2016

File No:                        I2017/1

 

17-002

Resolved that the report listing Council’s investments and overall cash position as at 31 December 2016 be noted.                                                                                                      (Richardson/Hunter)

 

 

Report No. 13.3           Code of Conduct Annual Report 1 September 2015 - 31 August 2016

File No:                        I2017/46

 

17-003

Resolved that the Code of Conduct Annual Report for the period 1 September 2015 to 31 August 2016 be received and noted by Council.                                                             (Richardson/Hunter)

 

 

Report No. 13.4           Section 355 Committee - Resignation and Appointment of new members

File No:                        I2017/48

 

17-004

Resolved:

1.       That the resignations received from Vicky King and Brett Brewer from Ocean Shores Community Centre Management Committee and Robyn Quinn from South Golden Beach Community Centre be noted.

2.       That Council appoint the following new community members to committees:

·  Sam Fell to the Mullumbimby Civic Memorial Hall Board of Management;

·  Dianne Pymble-Ward and Robyn Bolden to the Ocean Shores Community Centre Management Committee; and

·  Nancy English and Alice Jarvis to the Senior Citizen’s Hall Byron Bay Management Committee; and

·  Peter Mortimore, Adrienne Lester, Damon Lewis and John Hudson be appointed to the Bangalow A&I Hall Board of Management.                                         (Richardson/Hunter)

 

 

Staff Reports – Sustainable environment and ecomony

 

Report No. 13.9           Byron Bay Town Centre Local Environmental Plan and Development Control Plan controls review

File No:                        I2017/80

 

17-005

Resolved that Council note the report.                                                                (Richardson/Hunter)

 

 

 

 

 

 

 

 

Staff Reports – infrastructure services

 

Report No. 13.10         Council Road Reserve Closure and Transfer - Arakwal & Morgan - Bangalow Road, Byron Bay

File No:                        I2016/263

 

17-006

Resolved:

1.       That Council endorse the finalisation of the closure of the road reserve between Lot 320 DP 755695 and Lot 438 DP 729107 as per Resolution 12-820 and move forward by submitting the application with Crown.

 

2.       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.

(Richardson/Hunter)

 

 

Committee Reports – Corporate and Community Services

 

Report No. 14.1           Report of the Finance Advisory Committee Meeting held on 10 November 2016

File No:                        I2017/49

 

17-007

Resolved that Council note the minutes of the Finance Advisory Committee Meeting held on 10 November 2016.                                                                                                  (Richardson/Hunter)

 

17-008

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.1    Monthly Financial Reporting

File No: I2016/1114

 

Committee Recommendation 4.1.1

 

That the Finance Advisory Committee recommend to Council:

 

1.  That the Report on monthly financial reporting to Councillors be noted.

 

2.  That the monthly financial report distributed to Councillors be continued in the format as indicated in Attachment 1 (#E2016/93806).                                                    (Richardson/Hunter)

 

17-009

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2    Unrestricted Cash and Reserves at 30 June 2016

File No: I2016/1118

 

Committee Recommendation 4.2.1

 

That the Finance Advisory Committee recommend to Council:

 

1.  That the Reserve balances as outlined in Attachment 1 (#E2016/94067) at 30 June 2016 be noted by the Finance Advisory Committee.

 

2.  That the Unrestricted Cash Balance of $1,145,200 as at 30 June 2016 be noted by the Finance Advisory Committee.

 

3.  That for the 2016/17 Financial Year that the Accumulated Surplus (Working Funds) not be used as an indicator of Council’s liquidity position for  the General, Water and Sewerage Funds and that for the General Fund that the Accumulated Surplus (Working Funds) be replaced with the Unrestricted Cash Balance indicator.                                                             (Richardson/Hunter).

 

17-010

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.3    Council Budget Review - 1 July 2016 to 30 September 2016

File No: I2016/1120

 

Committee Recommendation 4.3.1

 

That the Finance Advisory Committee recommend to Council:

 

1.  That Council authorise the itemised budget variations as shown in Attachment 2 (#E2016/94992) which includes the following results in the 30 September 2016 Quarterly Review of the 2016/2017 Budget:

 

a)  General Fund – No change in the Estimated Unrestricted Cash Result

b)  General Fund - $1,831,800 decrease in reserves

c)  Water Fund - $1,216,300 increase in reserves

d)  Sewerage Fund - $2,152,300 increase in reserves

 

2.  That Council adopt the revised General Fund Estimated Unrestricted Cash Result of $1,182,800 for the 2016/2017 financial year as at 30 September 2016.        (Richardson/Hunter)

 

17-011

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.4    Financial Sustainability Plan 2016/2017

File No: I2016/1121

 

Committee Recommendation 4.4.1

That the Finance Advisory Committee recommend to Council that Council adopt the Draft Financial Sustainability Plan 2016/2017 (#E2016/26998).                                   (Richardson/Hunter)

 

 

Committee Reports – infrastructure Services

 

Report No. 14.2           Report of the Transport and Infrastructure Advisory Committee Meeting held on 1 December 2016

File No:                        I2017/24

 

17-012

Resolved that Council note the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 1 December 2016.                                                                     (Richardson/Hunter)

 

17-013

Resolved that Council adopt the following Committee Recommendation:

 

Report No. 4.1    Status Report for the 2016/17 Local Roads Capital Works Program

File No: I2016/1207

 

Committee Recommendation 4.1.1

 

That Council notes the actions taken to implement the 2016/17 Local Roads Capital Works Program as presented to the Transport and Infrastructure Advisory Committee.

(Richardson/Hunter)

 

17-014

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2    Draft Strategic Asset Management Plan

File No: I2016/1248

 

Committee Recommendation 4.2.1

 

That Council notes the Transport and Infrastructure Advisory Committee supports the proposed public exhibition of the Draft Strategic Asset Management Plan.                       (Richardson/Hunter)

 

17-015

Resolved that Council adopt the following Committee Recommendation:

 

Report No. 4.3    Asset Management Modelling

File No: I2016/1253

 

Committee Recommendation 4.3.1

 

That the Transport and Infrastructure Advisory Committee notes the presentation regarding the use of asset management modelling software and that future presentations will be provided to the Committee.                                                                                                                                                      (Richardson/Hunter)

 

 

CONFIDENTIAL Reports - INFRASTRUCTURE Services

 

Report No. 16.1           Confidential - Tender 2016-0033 Construction of Sewerage Pump Station SPS5012

File No:                        I2016/1286

 

17-016

Resolved:

1.       That Council award the Lump Sum Price Contract 2016-0033 Construction of Sewerage Pump Station SPS5012 to Ledonne Construction Pty Ltd for the value of $1,040,620.00 (exclusive of GST).

 

2.       That the project’s total budget becomes $1,250,000 for the 2016/2017 Financial year with funding provided from the available Section 64 Developer Contributions held within the Sewer Fund.

 

3.       That Council delegate to the General Manager the authority to administer this contract to the contract value plus the contingency value nominated in this report.

 

4.       That Council authorise the affixing of the Council seal to all documents that may require it, in regards to the Contract.

 

5.       That Council makes public it decision including the name and amount of the successful tenderer in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

 

6.       That the report remains confidential until the contract is finalised.            (Richardson/Hunter)

 

 

 

 

 

 

 

Report No. 16.2           Confidential - Council Tender for the Construction of Concrete Roundabout and Road Reconstruction at the Intersection of Sunrise Boulevard and Ewingsdale Road, Byron Bay

File No:                        I2017/82

 

17-017

Resolved:

1.       That Council accept Tender and award Lump Sum Price Contract 2016-0037 for the Construction of Concrete Roundabout and Road Reconstruction at the Intersection of Sunrise Boulevard and Ewingsdale Road, Byron Bay to Hazell Bros Group Pty Ltd for the value of $2,958,260.41 exclusive of GST.

 

2.       That the budget for this project be increased by $550,000, being $300,000 S94 and           $250,000 Water Fund as detailed in the report.

 

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

 

4.       That the report remains confidential until the contract is finalised.            (Richardson/Hunter)

 

 

 

Procedural Motion

 

17-018

Resolved that Council change the order of business to deal with Reports 13.8 and then 13.2 next on the Agenda.                                                                                                        (Richardson/Lyon)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.8           BSC & Anor ats Arnott-10.2016.716.1 Three storey dwelling with basement at 27 Marine Parade, Wategoes

File No:                        I2017/47

 

17-019

Resolved that the General Manager be granted delegated authority to determine the development application.                                                                                                           (Hunter/Richardson)

The motion was put to the vote and declared carried.

 

 

Staff Reports – CORPORATE AND COMMUNITY SERVICES

 

Report No. 13.2           2017/2018 Special Rate Variation Application

File No:                        I2017/45

 

17-020

Resolved that Council:

1.       Receive and note the submissions and feedback received from the community during ‘Phase 4 – Public exhibition of the IP&R documents’ during the Special Rate Variation Consultation & Engagement process, conducted over the period from 17 December 2016 to 18 January 2017.

 

2.       Notes that an application for a Special Rate Variation is a key strategy from its “Fit for the Future” Council Improvement Plan (CIP) adopted in June 2015.

 

3.       Adopts ‘Option 1’ – being a 7.5% compounding annual rate increase per year over a four year period commencing July 2017 to June 2021 as its preferred option for a Special Rate Variation.

 

4.       Subject to determination and incorporation of an SRV option as recommended in part 3 of the recommendation, Council adopt the revised Integrated Planning and Reporting documents as presented to Council on 15 December 2016 (#E2016/103981), (#E2016/100839) and (#E2016/103686).

 

5.       Lodge a Section 508A permanent Special Rate Variation application to the Independent Pricing and Regulatory Tribunal, for increases to the ordinary rate income  (general revenue) of 7.5% (including rate peg) in 2017/18, 7.5% (including rate peg) in 2018/19, 7.5% (including rate peg) in 2019/2020 and 7.5% (including rate peg) in 2020/21

 

6.       Continue to actively campaign for the state government to legislate to enable the Council to levy a bed tax and thus provide a source of revenue for infrastructure renewal funded by the growing number of tourists to the area.

 

7.       Continue to lobby the Office of Local Government and the NSW Grants Commission for a revision of the Financial Assistance Grants (FAGs) funding distribution formula so that the impact of tourists upon Council and its ratepayers is  adequately recognised and compensated for as a disability factor.

 

8.       Continue to closely monitor the IPART review of NSW council rating systems and advocate for an expansion of rating categories that would facilitate Holiday Let establishments being rated as or similar to Business.

 

9.       Establish a Byron Shire Revenue Exploration Working Party to work alongside staff to identify non resident revenue sources and to report the outcomes of research at each community roundtable. 

 

10.     Write to the local Member, Tamara Smith, Ben Franklin MLC and Minister of Tourism, seeking an urgent meeting to discuss State Government potential for more targeted tourism support in the Byron Shire.

 

11.     Develop a SRV quarterly expenditure auditing and reporting profile linked to Council’s CIP in conjunction with Council’s auditors within 3 months of any SRV approval issued by the IPART.                                                                                                           (Cameron/Ndiaye)

.

AMENDMENT

 

1.       That Council note community consultation is a requirement by IPART before introduction of a Special Rate Variation.

 

2.       That Council receive and note the submissions and feedback received from the community during ‘Phase 4 – Public exhibition of the IP&R documents’ during the Special Rate Variation Consultation & Engagement process, conducted over the period from 17 December 2016 to 18 January 2017 and that these submissions are made public.

 

3.       That based on community feedback Council not proceed with lodging a Special Rate Variation application to the Independent Pricing and Regulatory Tribunal for increases to the ordinary rate income for a period up to 12 months.

 

4.       That Council notes that an application for a Special Rate Variation is one of the strategies from its “Fit for the Future” Council Improvement Plan adopted in June 2015. 

 

5.       That prior to lodging a Special Rate Variation Council undertake a review of it’s Council Long Term Financial Plan to take account of:

- the impact of raising paid parking fees with net revenue being utilised for asset renewal purposes
- the capacity to undertake increased loan borrowings for infrastructure purposes over a 25 year period to be funded through existing financial capacity or a special rate variation proposal
- the impact of council collecting rates income from holiday letting businesses
- the impact of revising the rate split between residents, businesses and farmlands
- the impact of council being able to apply a tourism levy for overnight visitor stays  

6.       That Council revise the Integrated Planning and Reporting documents as presented to Council on 15 December 2016 (#E2016/103981), (#E2016/100839) and (#E2016/103686) in line with this recommendation to not proceed with a special rate variation.

7.       That Council submit a proposal to the State Government proposing enabling legislation to allow Council to apply a tourism levy and thus provide a source of revenue for infrastructure renewal funded by the growing number of tourists to the area.                                                                       (Spooner/Hackett)

 

 

Procedural Motion

 

17-021

Resolved that Cr Spooner be granted a one minute extension to his speech. (Richardson/Coorey)

The motion was put to the vote and declared carried.

 

The amendment (Spooner/Hackett) was put to the vote and declared lost.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson and Cameron voted against the amendment.

 

FORESHADOWED AMENDMENT

 

1.      Council receive and note the submissions and feedback received from the community during ‘Phase 4 – Public exhibition of the IP&R documents’ during the Special Rate Variation Consultation & Engagement process, conducted over the period from 17 December 2016 to 18 January 2017.

 

2.      Council notes that an application for a Special Rate Variation is a key strategy from its “Fit for the Future” Council Improvement Plan (CIP) adopted in June 2015.

 

3.      Council adopts a 5% SRV in addition to the rate peg, compounding annual rate increase per year over a four year period commencing July 2017 to June 2021 as its preferred option for a Special Rate Variation.

 

4.      Subject to determination and incorporation of an SRV option as recommended in part 3 of the recommendation, Council adopt the revised Integrated Planning and Reporting documents as presented to Council on 15 December 2016 (#E2016/103981), (#E2016/100839) and (#E2016/103686).

 

5.       Council lodge a Section 508A Special Rate Variation application to the Independent Pricing and Regulatory Tribunal, for increases to the ordinary rate income  (general revenue) of 5% (in addition to the rate peg) in 2017/18, 5% (in addition to the rate peg) in 2018/19, 5% (in addition to the rate peg) in 2019/2020 and 5% (in addition to the rate peg) in 2020/21. That this increase is limited to a 4 year period only.

 6.      Council continue to actively campaign for the state government to legislate to enable the Council to levy a tourism levy and thus provide a source of revenue for infrastructure renewal funded by the growing number of tourists to the area.

 

7.       Council continue to lobby the Office of Local Government and the NSW Grants Commission for a revision of the Financial Assistance Grants (FAGs) funding distribution formula so that the impact of tourists upon Council and its ratepayers is  adequately recognised and compensated for as a disability factor.

 

8.       Council continue to closely monitor the IPART review of NSW council rating systems and advocate for an expansion of rating categories that would facilitate Holiday Let establishments being rated as or similar to Business.

 

9.       Council establish a Byron Shire Revenue Exploration Working Party to work alongside staff to identify non resident revenue sources and to report the outcomes of research at each community roundtable. 

 

10.     Council to write to the local Member, Tamara Smith, Ben Franklin MLC and Minister of Tourism, seeking an urgent meeting to discuss State Government potential for more targeted tourism support in the Byron Shire.

 

11.     That Council develops a SRV quarterly expenditure auditing and reporting profile linked to Council’s CIP in conjunction with Council’s auditors within 3 months of any SRV approval issued by the IPART.                                                                                                                          (Coorey/Hackett)

 

 

Procedural Motion

 

17-022

Resolved that Cr Richardson be granted a one minute extension to his speech.                                                                                                                               (Spooner/Cameron)

The motion was put to the vote and declared carried.

 

The amendment (Coorey/Hackett) was put to the vote and declared lost.

Crs Martin, Lyon, Ndiaye, Richardson, Cameron, Spooner and Hunter voted against the amendment.

 

The motion (Cameron/Ndiaye) was put to the vote and declared carried.

Crs Hackett and Spooner voted against the motion.

 

 

Delegates' Reports

1. New Year’s Eve and New Year’s Day

 

Cr Richardson advised Council:

 

Although I am not an official delegate, I just wanted to congratulate Council staff and the Byron Community Centre for New Year’s Eve and New Year’s Day events again. Really well done. We’ve completely changed that activity but also thoughts that we have as a community around New Years Eve. Another very good success.

 

 

Submissions and Grants

There were no submissions or grants.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.5           Rating and Revenue Options

File No:                        I2017/81

 

17-023

Resolved:

1.    That the report on Rating and Revenue Options be received and noted.

 

2.    That Council review its rating structure including the redistribution of the rating burden between the Residential, Business and Farmland rating categories and sub-categories, and that this review be undertaken as part of developing 2017/2018 Revenue Policy and supported by further modelling of rating structure scenarios and further consultation with impacted ratepayers.

 

3.    That Council:

              i.     increase the hourly pay parking fee from $3 to $4 per hour and the capped fee for 4 hours from $10 to $12 from the 2017/18 financial year and, 

             ii.     undertake the required advertising and 28 day consultation period inviting submissions prior to any formal adoption.

                  iii.     that revenue raised from the increase be used for current asset renewal

4.    That Council identify residential properties used for holiday letting and develop a process to reclassify these properties as business for rating purposes.

 

5.    Prior to adoption, that Council receive a detailed evaluation report on the operation of paid parking.                                                                                                            (Ndiaye/Cameron)

 

The motion was put to the vote and declared carried.

Cr Spooner voted against the motion.

 

 

 

Report No. 13.6           Proposed NBN Fixed Wireless Tower - 308 Coorabell Road

File No:                        I2017/84

 

17-024

Resolved that Council:

1.       Note compliance with parts 1, 2 and 3 of Resolution 16-656 and with resolution 16-657.

 

2.       Note that part 4 of resolution 16-656 cannot be given effect.

 

3.       Write to ACMA and NBN requesting that clear information is available publicly, clarifying whether or not an NBN tower requires a DA from Council.                      (Ndiaye/Richardson)

 

The motion was put to the vote and declared carried.

 

 

 

 

 

 

 

 

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.7           Report of the Planning Review Committee Meeting held on 1 December, 2016

File No:                        I2016/1285

 

17-025

Resolved:

1.         That DA 10.2016.625.1 35-37 Burringbar St Mullumbimby 35-37 Burringbar St Mullumbimby be referred to Council for determination due to the perceived public significance of the application.

 

2.              That the report otherwise be noted.                                                        (Richardson/Cameron)

 

The motion was put to the vote and declared carried.

 

 

Reports of Committees - Infrastructure Services

 

Report No. 14.3           Report of the Water, Waste and Sewer Advisory Committee Meeting held on 1 December 2016

File No:                        I2017/25

 

17-026

Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 1 December 2016.                                                                (Richardson/Cameron)

The motion was put to the vote and declared carried.

 

17-027

Resolved that Council adopt the following amended Committee Recommendation:

Report No. 4.1    Strategic Business Plan Water Supply and Sewerage

File No: I2016/1205

 

(i)    that a review of the Strategic Business Plans for Water and Sewer Services has been conducted; 

 

(ii)   that the Plans were presented to the Water, Waste and Sewer Advisory Committee in December 2016; and 

 

(iii)   that the Committee sought time to digest the Plans, after new members are appointed (Council Resolution 16-482 of 29 September 2016).                               (Richardson/Cameron)

 

The motion was put to the vote and declared carried.

 

17-028

Resolved that a further review of the Strategic Business Plans for Water and Sewer Services be conducted by the Water, Waste and Sewer Advisory Committee after new members are appointed.                                                                                                         (Richardson/Cameron)

 

The motion was put to the vote and declared carried.

 

 

 

 

17-029

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2    Main Arm Recycled Water Scheme Expansion Possibilities

File No: I2016/1206

 

Committee Recommendation 4.2.1

That Council notes the Water, Waste and Sewer Advisory Committee discussed the Main Arm Recycled Water Scheme Expansion project.                                                 (Richardson/Cameron)

 

The motion was put to the vote and declared carried.

 

17-030

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.3   Resource Recovery Current State of Play

File No: I2016/1256

 

Committee Recommendation 4.3.1

That Council notes the Water, Waste and Sewer Advisory Committee was provided with a presentation on current and recent Resource Recovery projects.                 (Richardson/Cameron)

 

The motion was put to the vote and declared carried.

 

 

Petitions

 

Petition No. 10.1         Objection to "Designer Collective Markets & Food Truck Street Party"

File No:                        I2016/1376

 

17-031

Resolved:

1.       That the petition regarding objection to “Designer Collective Markets and Food Truck Street Party” be noted.

 

2.       That the petition be referred to the Director Sustainable Environment and Economy

 

3.       That a report be brought to Council concerning DA and or other approval requirements for designer collective markets and food truck street parties                         (Ndiaye/Richardson)

 

The motion was put to the vote and declared carried.

 

 

Cr Spooner tabled the following:

 

 

Title of Petitions

No. of Signatures

1.

Byron Residents Reject Rate Rise

#E2017/7728

“Don't raise Byron Shire's rates! 30% of Byron Shire's rates don't go to locals. There is a better way - don't slug those in our community who are least able to afford it. Why not ensure that the burden of increased rates falls onto tourists, rather than

residents, through an increased ‘special rate’? Increasing the number of business ratepayers by including holiday lets, AirBnB

and other short-term rentals would increase our revenue, acting as a de facto bed tax. Additional revenue could be gained from increasing parking fees at popular tourist locations like Main Beach and Wategos. This would ensure the burden is

placed on tourists, not locals. Make tourists pay their fair share!”

 

617

 

 

There being no further business the meeting concluded at 12.10pm.

 

 

 

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

as confirmed at Council’s Ordinary Meeting on 23 February 2017.

 

 

 

 

….…………………………

Mayor Simon Richardson