Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 23 February 2017

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

23 February 2017

 

 

INDEX OF ITEMS DISCUSSED

 

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 5

Report No. 13.6          Draft Children's Services Policy. 6

Report No. 13.8          Public Exhibition of Draft Policy - Rates and Charges Pensioner Concession 2016  6

Report No. 13.10       PLANNING - 26.2013.3.1 Planning Proposal for Rezoning of Land at Tallowood Ridge Estate, Mullumbimby. 6

Report No. 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. 6

Report No. 13.13       Draft Plan of Management - The Cavanbah Centre. 7

Report No. 13.18       Traffic - Tennyson Street (North of Marvel St) - Time Limited 4P Parking Scheme  7

Report No. 13.19       Traffic - Lawson Lane, Byron Bay - Road Closure - Elysium road plane artwork project between 01 March to 15 March 2017. 7

Report No. 15.1          CONFIDENTIAL - Tender 2016-0032 Construction of North Ocean Shores Fire Main CONFIDENTIAL. 8

Report No. 13.4          Council Investments January 2017. 8

Report No. 13.9          PLANNING - Preliminary Draft Byron Shire Residential Strategy Submissions Report 9

Report No. 13.12       PLANNING - Strategic Planning Project Update. 10

Report No. 13.1          Review of Outstanding Council Resolutions. 11

Report No. 13.3          Establishment of New Public Art Panel 12

Report No. 13.5          Water, Waste and Sewer Advisory Committee - Community Representatives. 12

Report No. 13.7          Councillor Representatives to the Cape Byron Headland Reserve Trust Board. 13

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 14

Report No. 13.15       Vallances Road Competing Land Use Options. 14

Report No. 13.16       Bangalow Parking Management Strategy. 15

Report No. 13.17       Belongil Beach Parking Management Strategy. 15

 


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.

 

 

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:

 

13.4     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.

 

 

Apologies

 

Cr Martin was granted a leave of absence at the Ordinary Meeting on 2 February 2017.

 

 

Requests for Leave of Absence

 

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

 

17-032

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

 

Report No. 13.2           Budget Review - 1 October to 31 December

File No:                        I2017/51

 

17-033

Resolved:

1.    That Council authorise the itemised budget variations as shown in Attachment 2 (#E2017/7234) which includes the following results in the 31 December 2016 Quarterly Review of the 2016/2017 Budget:

 

a)    General Fund – $40,900 decrease in the Estimated Unrestricted Cash Result

b)    General Fund - $1,716,400 increase in reserves

c)    Water Fund - $2,030,600 decrease in reserves

d)    Sewerage Fund - $2,876,900 decrease in reserves

 

2.    That Council adopt the revised General Fund Estimated Unrestricted Cash Result of $1,146,500 for the 2016/2017 financial year as at 31 December 2016.           (Hunter/Spooner)

 

 

 

Report No. 13.6           Draft Children's Services Policy

File No:                        I2017/123

 

17-034

Resolved:

1.    That the draft Children’s Services Policy be placed on public exhibition for a period of 28 days.

 

2.    That in the event:

a)    that any submissions are received on the draft Children’s Services Policy, that those submissions be reported back to Council prior to the adoption of the policy; or

b)    that no submissions are received on the draft Children’s Services Policy, that the Policy be adopted and incorporated into Council’s Policy Register.

 

3.    That the contents of the Children’s Services Analysis Report be noted.          (Hunter/Spooner)

 

 

 

Report No. 13.8           Public Exhibition of Draft Policy - Rates and Charges Pensioner Concession 2016

File No:                        I2017/143

 

17-035

Resolved that Council adopt the Draft Policy Rates and Charges Pensioner Concessions 2016 as detailed in Attachment 1 (#E2017/9239).                                                                 (Hunter/Spooner)

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.10         PLANNING - 26.2013.3.1 Planning Proposal for Rezoning of Land at Tallowood Ridge Estate, Mullumbimby

File No:                        I2017/112

 

17-036

Resolved:

1.    That Council proceed to finalise the revised planning proposal to amend Byron LEP 2014 to enable the expansion of the Tallowood Ridge Estate, Mullumbimby, as contained in Attachment 1 to this report.

 2.  That Council exercise the delegation issued by the Minister for Planning to enable the final plan to be made.                                                                                                (Hunter/Spooner)

 

The motion was put to the vote and declared carried.

Crs Coorey, Lyon, Ndiaye, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.

No Councillors voted against the motion.

Cr Richardson was not present for the vote.

 

 

 

Report No. 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

File No:                        I2017/118

 

17-037

Resolved:

1.    That, pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2015.795.1 for the subdivision of the land and demolition of existing nursery buildings be approved, subject to the conditions listed in Attachment 2.

 

2.    That Council authorise the General Manager or his delegate to process the transfer and closure of the Crown Road Reserve that borders the north of Lot 100 DP 70724, subject to all costs being borne by the proponent of the subdivision, and the portion of that reserve not required for public road construction being consolidated into land within the subdivision.

(Hunter/Spooner)

The motion was put to the vote and declared carried.

Crs Coorey, Lyon, Ndiaye, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.

No Councillors voted against the motion.

Cr Richardson was not present for the vote.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.13         Draft Plan of Management - The Cavanbah Centre

File No:                        I2017/50

 

17-038

Resolved that in relation to the draft Plan of Management for The Cavanbah Centre:

a)    It be advertised for 28 days and if any submissions are received be brought back to Council for further consideration

b)    That if no submissions are received, that the Plan of Management be adopted.

(Hunter/Spooner)

 

 

 

Report No. 13.18         Traffic - Tennyson Street (North of Marvel St) - Time Limited 4P Parking Scheme

File No:                        I2017/148

 

17-039

Resolved:

1.    That Council endorses the extension of the pay parking scheme to Tennyson Street North of Marvel St intersection.

 

2.    That four hour time limited parking be adopted for Tennyson Street North of Marvel Street intersection subject to the support of the Local Traffic Committee.                 (Hunter/Spooner)

 

 

 

Report No. 13.19         Traffic - Lawson Lane, Byron Bay - Road Closure - Elysium road plane artwork project between 01 March to 15 March 2017

File No:                        I2017/149

 

 

Cr Richardson left the Chamber at 5.00pm during the block vote of this item, in accordance with his earlier declared interest in this matter.

 

17-040

Resolved:

1.    That Council endorse the Elysium road plane artwork project to be held Wednesday 01 March 2017 to Wednesday 15 March 2017, that includes the temporary road closure below:

a)    Lawson Lane, Byron Bay (Between Jonson Street and Fletcher Street, between 6:00 am on Wednesday 01 March 2017 to 6:00 pm on Wednesday 15 March 2017.

 

2.    That the approval provided in Part 1 is subject to:

a)    separate approvals by NSW Police and RMS being obtained;

b)    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation;

c)    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

d)    the event be notified on Council’s webpage.

e)    the event organiser:

i.     undertake consultation with community and affected businesses including adequate response/action to any raised concerns.

ii.     undertake consultation with emergency services and any identified issues addressed.

iii.    holding $20m public liability insurance cover which is valid for the event.

iv.   paying Council’s Road Event Application Fee prior to the event.       (Hunter/Spooner)

 

 

Confidential Reports - Infrastructure Services   

 

Report No. 15.1           Confidential - Tender 2016-0032 Construction of North Ocean Shores Fire Main CONFIDENTIAL

File No:                        I2017/134

 

17-041

Resolved:

1.    That Council award the Lump Sum Price Contract 2016-0032 Construction of North Ocean Shores Fire Main to Ledonne Construction Pty Ltd for the value of $1,999,483.64 (exclusive of GST).

 

2.    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.

 

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

 

4.    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.

 

5.    That the report remains confidential until the contract is finalised.                   (Hunter/Spooner)

 

 

Procedural Motion

17-042

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

 

Report No. 13.4           Council Investments January 2017

File No:                        I2017/119

 

17-043

Resolved:

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

 

Report No. 13.9           PLANNING - Preliminary Draft Byron Shire Residential Strategy Submissions Report

File No:                        I2017/2

 

17-044

Resolved:

1.    That Council note the ‘Key Actions’ in this report for completing the next stage of the draft Residential Strategy.

 

2.    That Council investigate inclusion of the following measures into the Draft Residential Strategy to address housing affordability:

i.     Model controls that require affordable housing to be included in developments i.e. a bonus provision requirement to deliver a percentage of affordable housing in a development.

ii.     Development controls and reduced contributions or other incentives that may boost construction of secondary dwellings as affordable housing but ensuring regulatory controls are consistent with the provision of affordable housing.

iii.    Promoting new caravan parks and manufactured home estates on unconstrained land in existing settlements and new land release areas in urban growth areas.

iv.   Provide for greater mixed-use zones to enable a range of land uses including residential, commercial and industrial to be co-located in a way that support sustainable forms of transport such as public transport, walking, cycling and increased neighbourhood amenity. Such zones to incorporate a mix of housing types and affordability suitable to a diversity of needs.

 

3.    That a report be included outlining the possible role, cost and an implementation plan for the establishment of a citizen jury to enhance the engagement outcomes within the revised project plan being prepared to present to Council that responds to engagement concerns raised in the submission (Within Table 3: Key matters relating to ‘Strategy Process’.)

 

4.    That Lot 4/841856 be included, as an area of interest to be further explored for agricultural based residential use.                                                                                        (Spooner/Ndiaye)

 

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.

 

 

 

Report No. 13.12         PLANNING - Strategic Planning Project Update

File No:                        I2017/126

 

 

Cr Hunter declared an interest in this matter earlier in the meeting.  He elected to remain in the Chamber, not participate in the discussion, and vote.

 

17-045

Resolved:

1.       That Council note the status, key actions and any financial considerations required to progress the key projects identified in this report.

 

2.       That Council adopt the project recommendations contained in this report being:

a)      amend the draft Rural Land Use Strategy to address the matters raised in the Department’s letter (Attachment 1) and present an amended draft strategy back to Council for adoption together with a full program for implementation.

b)      that as part of the 2017/18 budget process, Council consider the allocation of the necessary funds to enable the timely completion of the E Zones implementation process.

c)      that staff hold further negotiations with the Department of Planning and Environment regarding the need to provide a separate coastal hazard zone in Byron Shire, with the 7(f1) Coastal Land and 7(f2) Urban Coastal Land Zones to be retained as Deferred Matters in Byron LEP 2014 until appropriate alternatives such as ‘E5 Coastal Hazard’ and/or ‘E6 Coastal Living’ are provided.

d)      that as part of the 2017/18 budget process, Council consider the allocation of the necessary funds to enable the timely completion of the Employment Lands Strategy as part of a staged or comprehensive planning process.

e)      that Council consider the allocation of the necessary funds to enable the peer review and a timely finalisation of the Draft Byron Shire Development Control Plan 2014 – Chapter E8 – West Byron Urban Release Area.

i.        That a timeline be devised that sets out completion dates for each of the Key Actions (numbered 1-4) in Table 6 of Staff Report 13.2 with a progress report to be tabled as a late report for the Ordinary Meeting of 23 March 2017:

Table 6: West Byron Development Control Plan (DCP)

Status

Key Actions

Cost & Financial

Detailed Request for Quotation to peer review has been issued, with consultancies responding. Staff are currently assessing the fee proposals.

 

1.   Finalise engagement of preferred consultancy to undertake the peer review Strategy.

2.   Present a report on the findings of the peer review back to the Council with recommendations on how to take into account the findings in the finalisation of the Draft Byron Shire Development Control Plan 2014 – Chapter E8 – West Byron Urban Release Area.

3.   Where required amended draft DCP documentation for Council adoption.

4.   Following adoption publish a notice of the decision in a local newspaper within 28 days of this decision being made and forward DCP to the Department for endorsement.

The cost of undertaking the peer review has not been allocated within Council’s existing budget and requires funding to proceed.

 

 

ii.     That Council staff, in undertaking Key Action 3, take into consideration the Draft Byron Coastal Koala Plan of Management and the areas of koala habitat on the West Byron Urban Release Area mapped therein as well as all relevant expert reports including, but not limited to:

a)    Landmark Ecological Services: Comments on the management of Wallum frog habitat at West Byron as proposed in the West Byron DCP

b)    Dr. Mark Fitzgerald West Byron Acid Frogs: Wallum Sedge Frog Litoria olongburensis

c)    West Byron Traffic issues – Bill Payne, Ardill Payne Associates

d)    SEPP44 Koala Habitat Assessment, Ewingsdale Rd, West Byron (including Belongil Fields) Report to Byron Bay West Landowners’ Association June 2010 – Biolink Ecological associates.

iii.    That Council supply the [Draft] Byron Coastal Koala Plan of Management and expert reports as per point (3) to the relevant consultant/s involved in the peer review.                                                                                       (Coorey/Richardson)

 

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.

 

 

Mayoral Minute

There was no Mayoral Minute.

 

 

Petitions

There were no petitions.

 

 

Submissions and Grants

There were no submissions or grants reports.

 

 

Delegates' Reports

There were no delegates’ reports.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Review of Outstanding Council Resolutions

File No:                        I2017/8

 

17-046

Resolved:

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

16-382   Management of Belongil Creek                                                      (Spooner/Cameron)

 

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.

 

 

 

Report No. 13.3           Establishment of New Public Art Panel

File No:                        I2017/98

 

17-048

Resolved:

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.

 

 

 

Report No. 13.5           Water, Waste and Sewer Advisory Committee - Community Representatives

File No:                        I2017/121

 

 

Moved:

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)

 

 

Procedural Motion

 

17-049

Resolved:

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.

 

17-050

Resolved:

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.

 

Procedural Motion

17-051

Resolved that Council move out of confidential session.                                  (Richardson/Coorey)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.7           Councillor Representatives to the Cape Byron Headland Reserve Trust Board

File No:                        I2017/142

 

17-052

Resolved:

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

 

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

 

17-053

Resolved:

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.

 

 

 

Report No. 13.15         Vallances Road Competing Land Use Options

File No:                        I2017/135

 

17-054

Resolved:

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.

 

 

 

Report No. 13.16         Bangalow Parking Management Strategy

File No:                        I2017/136

 

17-055

Resolved:

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.

 

 

 

Report No. 13.17         Belongil Beach Parking Management Strategy

File No:                        I2017/147

 

17-056

Resolved:

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)

 

 

Procedural Motion

 

17-057

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

 

Procedural Motion

 

17-058

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.

 

 

No. 1   Matter of Urgency - LGNSW Tourism Conference

 

17-059

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.

 

 

Procedural Motion

 

17-060

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.

 

 

No. 2   Matter of Urgency - Wategos Shared Zone

 

17-061

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.

 

 

 

 

….…………………………

Mayor Simon Richardson