BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
23 February 2017
The following items are listed in the order in which they were dealt with.
Report No. 13.2 Budget Review - 1 October to 31 December
Report No. 13.6 Draft Children's Services Policy
Report No. 13.8 Public Exhibition of Draft Policy - Rates and Charges Pensioner Concession 2016
Report No. 13.13 Draft Plan of Management - The Cavanbah Centre
Report No. 13.18 Traffic - Tennyson Street (North of Marvel St) - Time Limited 4P Parking Scheme
Report No. 13.4 Council Investments January 2017
Report No. 13.9 PLANNING - Preliminary Draft Byron Shire Residential Strategy Submissions Report
Report No. 13.12 PLANNING - Strategic Planning Project Update
Report No. 13.1 Review of Outstanding Council Resolutions
Report No. 13.3 Establishment of New Public Art Panel
Report No. 13.5 Water, Waste and Sewer Advisory Committee - Community Representatives
Report No. 13.7 Councillor Representatives to the Cape Byron Headland Reserve Trust Board
Report No. 13.15 Vallances Road Competing Land Use Options
Report No. 13.16 Bangalow Parking Management Strategy
Report No. 13.17 Belongil Beach Parking Management Strategy
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 23 February 2017
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
23 February 2017 COMMENCING
AT 4.10PM AND
CONCLUDING AT 9.30PM
I2017/236
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr S Ndiaye and Cr P Spooner
Staff: Ken Gainger (General Manager)
Mark Arnold (Director Corporate and Community Services)
Phil Warner (Acting Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Services Coordinator)
Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
13.4 Council Investments January 2017
Chris Harris addressed Council against the recommendation.
13.9 PLANNING – Preliminary Draft Byron Shire Residential Strategy Submissions Report
Matthew O’Reilly (Saddle Ridge Local Area Management Planning Association) and Lindsay Wootten addressed Council against the recommendation.
13.11 PLANNING – DA 10.2015.795.1 Staged development consent, subdivision to create 47 residential lots, a drainage reserve, public roads and associated urban infrastructure, lot 100 DP 1070724, No 35 Bayside Way, Brunswick Heads
Leonie Davis addressed Council against the recommendation.
13.12 PLANNING – Strategic Planning Project Update
David Beattie addressed Council in favour of the recommendation.
Matthew O’Reilly (Saddle Ridge Local Area Management Planning Association) addressed Council against the recommendation.
Submission No. 1 Tyagarah Airfield OLS
Matthew O’Reilly made a submission to Council regarding the land clearing at this site.
Submission No. 2 Main Arm Rural Fire Service
Duncan Dey made a submission to Council regarding assistance with expanding the fire shed and a request for information to be provided to the Fire Service.
Question No. 1 Employment Lands Strategy
Ean Jones asked who was responsible for and why did they identify the yet to be determined DA for 201 Lismore road as potential industrial development in a Residential Land Strategy.
The Director Sustainable Environment and Economy took the question on notice.
Question No. 2 Roundabout at Ewingsdale Road and Sunrise Boulevard
Chris Harris, on behalf of David Michie, asked what consideration was given to alternative mechanisms to avoid bike and pedestrian conflict with cars – such as using this money to extend the bike path on the south side of Ewingsdale road and/or simply building a better pedestrian crossing – and will Council develop a consultative process for publicising a list of proposed projects that allows the community proper input into what projects are given priority?
The General Manager took the question on notice.
The meeting adjourned at 4.40pm and reconvened at 4.52pm.
Cr Martin was granted a leave of absence at the Ordinary Meeting on 2 February 2017.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Hunter declared a non-pecuniary interest in Report 13.12. The nature of the interest being that he is a land owner that is subject to Shire wide strategic planning rural residential land use. Cr Hunter elected to remain in the Chamber and will not participate in discussion and will vote.
Cr Richardson declared a non-pecuniary interest in Report 13.19. The nature of the interest being that his wife is a volunteer with the project. Cr Richardson elected to leave the Chamber, not participate in discussion and note vote.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary Meeting held 2 February 2017 be confirmed. (Spooner/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:
Staff Reports
Corporate and Community Services
Report No. 13.1 Review of Outstanding Council Resolutions
Report No. 13.3 Establishment of New Public Art Panel
Report No. 13.4 Council Investments January 2017
Report No. 13.5 Water, Waste and Sewer Advisory Committee - Community Representatives
Report No. 13.7 Councillor Representatives to the Cape Byron Headland Reserve Trust Board
Sustainable Environment and Economy
Report No. 13.9 PLANNING - Preliminary Draft Byron Shire Residential Strategy Submissions Report
Report No. 13.12 PLANNING - Strategic Planning Project Update
Infrastructure Services
Report No. 13.14 Request for Owner's Consent to lodge Development Application with NSW Coastal Council for Repair of Existing Coastal Protection Works at Belongil
Report No. 13.15 Vallances Road Competing Land Use Options
Report No. 13.16 Bangalow Parking Management Strategy
Report No. 13.17 Belongil Beach Parking Management Strategy
The Mayor left the Chamber at 5.00pm in accordance with his earlier declared interest in Report 13.9. The Deputy Mayor took the Chair in his absence.
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Hunter and seconded by Cr Spooner. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 17-033 and concluding with Resolution No. 17-041.
The Mayor returned to the chamber at 5.01pm.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
Staff Reports - Infrastructure Services
Confidential Reports - Infrastructure Services
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Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.4, 13.9 and 13.12 next on the Agenda. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Staff Reports - Corporate and Community Services
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Report No. 13.4 Council Investments January 2017 File No: I2017/119
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1. That the report listing Council’s investments and overall cash position as at 31 January 2017 be noted.
2. That a workshop on the financial investment strategy occurs at the next SPW on 9 March 2017. (Lyon/Richardson)
The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
The motion was put to the vote and declared carried.
Crs Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.
Cr Coorey voted against the motion.
FORESHADOWED MOTION
Moved: That as part of the draft Residential strategy, the environmental zonings across the Shire be included in the investigation to identify impacts on housing and affordability.
(Hunter/Richardson)
The motion was put to the vote and declared lost.
Crs Richardson, Spooner and Hunter voted in favour of the motion.
Crs Coorey, Lyon, Ndiaye, Cameron and Hackett voted against the motion.
The motion was put to the vote and declared carried.
Crs Coorey, Lyon, Ndiaye, Richardson, Cameron, Hackett and Spooner voted in favour of the motion.
Cr Hunter voted against the motion.
There was no Mayoral Minute.
There were no petitions.
There were no submissions or grants reports.
There were no delegates’ reports.
Staff Reports - Corporate and Community Services
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Report No. 13.1 Review of Outstanding Council Resolutions File No: I2017/8
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1. That Council receive and note the information provided in this report on outstanding Council resolutions in Attachment 1 (#E2017/3629).
2. That Council note the completed resolutions in Attachment 2 (#E2017/381). 3. That a high priority be given to the funding in budget 2017-18 of the following resolutions: 13-484 Support the development of a free public Skate Park in Byron Bay 16-380 Update of Bikeways Plan 16-516 Development of a Shire-wide Transport Plan |
The meeting adjourned at 6.42pm for dinner and reconvened at 8.00pm following the Byron Shire Reserve Trust Meeting.
Resolution 17-047 was used during the Byron Shire Reserve Trust Meeting.
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Report No. 13.3 Establishment of New Public Art Panel File No: I2017/98
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1. That the constitution of the Public Art Panel be changed to accommodate an increase in community membership.
2. That the following community representatives be appointed to the Public Art Panel for the four year term ending December 2020 and that any unsuccessful nominee be placed in a pool should committee membership change. · Rick Molloy · Julie Lipselt · Matthew Baird · Kellie Reiffer · Denise Napier · Rebecca Townshend · Robert Bleakley · Lisa Hochhauser (Hackett/Richardson)
The motion was put to the vote and declared carried. |
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Report No. 13.5 Water, Waste and Sewer Advisory Committee - Community Representatives File No: I2017/121
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1. That Council note the report.
2. That Council nominate the following as new community representatives for appointment to the Water, Waste and Sewer Advisory Committee. · Applicant 2 · Applicant 3 · Applicant 4 · Applicant 5 · Applicant 7 · Applicant 8
3. That Council thank all nominees for their interest and time in submitting an Expression of Interest. (Richardson/Coorey) |
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Procedural Motion
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1. That pursuant to Section 10A(2)(a) of the Local Government Act 1993, Council move into Confidential Session to discuss this report.
2. That the reasons for closing the meeting to the public is to discuss personnel matters concerning particular individuals (other than councillors). (Richardson/Hunter)
The motion was put to the vote and declared carried. |
1. That Council note the report. 2. That Council nominate the following as new community representatives for appointment to the Water, Waste and Sewer Advisory Committee. · Madeleine Green · Colin Draper · David Fligelman · Dr Mary Gardner · Duncan Dey · Alan Dickens
3. That Council thank all nominees for their interest and time in submitting an Expression of Interest. (Spooner/Cameron) |
The amendment was put to the vote and declared carried.
Crs Lyon, Ndiaye and Richardson voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
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Procedural Motion |
Resolved that Council move out of confidential session. (Richardson/Coorey)
The motion was put to the vote and declared carried. |
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Report No. 13.7 Councillor Representatives to the Cape Byron Headland Reserve Trust Board File No: I2017/142
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1. That Council confirm the nomination of Cr Cameron to the Cape Byron Headland Reserve Trust Board as per resolutions 14-423 and 16-483.
2. That Council nominate two additional Councillors to the Cape Byron Headland Reserve Trust Board, being Cr Spooner and Cr Coorey, for consideration by the NSW National Parks & Wildlife Service. (Cameron/Spooner)
The motion was put to the vote and declared carried. |
Staff Reports - Infrastructure Services
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Report No. 13.14 Request for Owner's Consent to lodge Development Application with NSW Coastal Council for Repair of Existing Coastal Protection Works at Belongil File No: I2017/131
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1. That Council defer consideration of granting owners consent to lodge Development Applications for repair of existing coastal protection works at, on or adjacent to the properties: · 28 and 28A Childe Street Byron Bay · 44 Childe Street Byron Bay · 48 Childe Street Byron Bay · Unit 1, 1 Don Street Byron Bay · Unit 2, 1 Don Street Byron Bay · 1A Don Street Byron Bay · 6B Childe Street Byron Bay
until such time as Council has had the opportunity to consider each Development Application in order to appreciate the precise location, extent and nature of the proposed repair works.
2. That Council’s consideration of granting owners consent to lodge Development Applications for repair of existing coastal protection works occur within 1 month of copies of the Development Applications relating to all of the above properties having been received by Council.
3. That the applications for owners consent to lodge Development Applications for repair of existing coastal protection works be reported to Council at its first ordinary meeting after the expiry of the period in 2 above. (Richardson/Cameron)
The motion was put to the vote and declared carried. |
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Report No. 13.15 Vallances Road Competing Land Use Options File No: I2017/135
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1. That Council note the report.
2. That the proposed POM be prepared in conjunction with the Waste Water and Sewerage Committee.
3. That the terms of reference for the POM include the following: a) Estimated costing for the initiatives and their budgetary feasibility in light of related projects in water and sewerage. b) Possible timeframes for their implementation. c) Financial viability of the potentially positive fiscal options. d) Environmental advantages and costs. e) The implications of not including the replacement of the Mullumbimby sewer system. f) The marginal utility of improving the quality of current treatment (without wetland polishing) and utilising it in an effective reuse system. g) considers options for agricultural enterprises that utilises effluent reuse on the property.
4. The POM should clearly examine and advise on all and each of the initiatives in the staff report in a holistic manner as they are part of a much bigger system with increasing demands.
5. That the Vallances Road Agistment contract review include eligibility criteria which seeks to ensure that appointed contractors are of good character and have acted lawfully and appropriately in previous contract activities. (Coorey/Richardson)
The motion was put to the vote and declared carried. |
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Report No. 13.16 Bangalow Parking Management Strategy File No: I2017/136
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1. That Council support the Bangalow Town Centre Parking Management Strategy (E2016/80882) prepared by Traffic and Parking Systems Group (TPS) as a basis for community engagement.
2. That Council endorse investigation and community consultation with the Bangalow community regarding the possible implementation of a revised parking layout and pay parking scheme in the town centre in conjunction with traffic and movement issues identified in the master plan process.
3. That a budget of $15,000 is allocated from the Pay Parking Reserve to perform the investigation and community consultation with the Bangalow community regarding the possible implementation of a revised parking layout and pay parking scheme in the town centre.
4. That Council consider the results of the investigation and community consultation, along with the recommendation from the Local Traffic Committee at the 22 June 2017 meeting in determining its adoption of a possible revised parking management strategy/pay parking scheme. (Richardson/Cameron)
The motion was put to the vote and declared carried. |
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Report No. 13.17 Belongil Beach Parking Management Strategy File No: I2017/147
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1. That Council adopt the Belongil Beach Parking Management Strategy (#E2016/91345) prepared by Traffic and Parking Systems Group (TPS).
2. That Council endorse the procurement of a street management master plan for the Belongil Beach area in consultation with the community to consider all access, amenity and urban design issues.
3. That Council endorse investigation and community consultation with the Belongil Beach community regarding the implementation of a formalised parking arrangement and pay parking in the area.
4. That a budget of $60,000 be allocated from the Pay Parking Reserve to perform the initial investigation, concept designs and preparation of the street management master plan and community consultation with the Belongil Beach community regarding the implementation of a formalised parking layout and pay parking scheme in the area. (Cameron/Ndiaye) |
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Procedural Motion
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Resolved that the meeting be extended past 9.00pm to 9.30pm in order to complete the business on the Agenda. (Richardson/Cameron) The motion was put to the vote and declared carried. |
The motion (Cameron/Ndiaye) was put to the vote and declared carried.
URGENCY MOTIONS
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Procedural Motion
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Resolved that the matter of the LGNSW Tourism Conference 2017 be dealt with as a matter of urgency; the urgency being that the conference will be held prior to the next Council meeting. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
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No. 1 Matter of Urgency - LGNSW Tourism Conference
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Resolved that Crs Richardson and Lyon are supported to attend the LGNSW Tourism Conference 2017, which will be held in Taree, NSW between 12 and 14 March 2017. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
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Procedural Motion
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Resolved that the matter of the Wategos shared zone be dealt with as a matter of urgency; the urgency being the length of time that this project is left incomplete and ineffective could heighten the level of disengagement by the community from Council town improvements. (Richardson/Ndiaye) The motion was put to the vote and declared carried. Cr Cameron voted against the motion. |
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No. 2 Matter of Urgency - Wategos Shared Zone
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Resolved that council receive a designed and costed plan to enhance the shared zone along Marine Parade, Wategos; in particular, ensuring that pedestrians feel safe to use the road as a shared zone, removing artificial barriers that suggest a separation of users and ensuring the shared zone uses the length of Marine Parade to the lighthouse walking track and to embed creative designs and artistic treatment of Marine Parade. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 9.30pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 23 March 2017.
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