Ordinary Meeting
Minutes
24 August 2017
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 24 August 2017 COMMENCING
AT 4.06PM AND CONCLUDING AT 9.50PM
I2017/1138
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, 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)
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:
9.2 Renewal of the Tourism Advisory Committee
Jim Beatson addressed Council in favour of the
recommendation.
13.10 PLANNING
- Report update on Council resolution 17-121 Tyagarah Airstrip - 26.2015.1.1
Matthew O’Reilly (CABS) addressed Council in favour
of the recommendation.
13.11 Expressions
of Interest for membership of Northern Villages Guidance Group
Matthew O’Reilly (CABS) addressed Council in favour
of the recommendation.
13.13 Bangalow
Parking Strategy
Tony Hart (Bangalow Progress Association) addressed
Council against the recommendation.
13.17 Brunswick
Heads Parking Management Strategy
Matthew O’Reilly addressed Council in favour of the
recommendation.
Submission
No. 1 Bypass Conditions of Consent
Paul Jones (Butler Community Street Network) made a
submission to Council regarding the conditions of consent for the Byron Bay
Bypass.
Submission
No. 2 Tyagarah Airfield
Matthew O’Reilly made a submission to Council
regarding allocating resources to a Fly Neighbourly Advice Agreement.
Submission
No. 3 Rubbish Management
Tom Tabart made a submission to Council regarding transporting
landfill to Queensland.
Question
No. 1 Waste Management
Tom Tabart asked the following question:
I have been informed by staff that we currently have
contracts to accept our waste with two tips in QLD and that they utilised
Ipswich transport contractor JR Stephens to transport our waste to the tip of
our choice. On the other hand in an article in the Northern Star on 2 February
2017 a staff member has stated that “council chose a garbage transport
company via an open tender process and the contract winner had an existing
service with a Toowoomba landfill facility”.
Which version is correct? Has the Toowoomba transport
contract been terminate? Is the trucker the same company in both scenarios? Do
we get to choose what tip we patronise? And if so, what is the criteria
utilised to choose a tip?
The General Manager took the question on notice.
Question
No. 2 Works in protected areas
Matthew O’Reilly (CABS) asked the following question:
Is Byron Council still implementing motion 12-560
“works in protected areas” and is it still being complied with?
The General Manager took the question on notice.
The meeting adjourned at 4.46pm and reconvened at 5.06pm.
Apologies AND Requests
for Leave of Absence
An apology was received from Cr Hunter.
Cr Richardson requested a leave of absence for the Ordinary
meeting of 21 September 2017.
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Procedural
Motion
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17-319
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Resolved:
1. That the apology from Cr Hunter be accepted and leave
of absence granted.
2. That Cr Richardson be granted a leave of absence for 21
September 2017. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
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Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a pecuniary interest in Report 13.14.
The nature of the interest being that his employer, the Byron Bay Community
Association, has a lease over the Byron Community Cabin located on the Byron
Bay Recreation Ground. Cr Spooner elected to leave the Chamber and will not
participate in discussion and the vote.
Cr Lyon declared a not significant non-pecuniary interest in
Reports 13.15 and 13.16. The nature of the interest being he is the General
Manager of Santos Organics, sites in Mullumbimby and Byron Bay. Cr Lyon
elected to stay in the Chamber, participate in the debate and vote.
Prior to the debate on Urgency Motion No 1, Cr Spooner
declared a pecuniary interest in the subject of North Byron Parklands. The
nature of the interest being that his employer Byron Bay Community Association
receives a donation from the Falls Festival for the Soul Street and First Sun
events that the association manage. Cr Spooner elected to leave the Chamber and
did not participate in the discussion and the vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
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17-320
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Resolved that the minutes of the following
meetings be confirmed:
· Ordinary
Meeting held 3 August 2017
· Byron
Shire Reserve Trust Committee held 3 August 2017 (Richardson/Ndiaye)
The motion
was put to the vote and declared carried.
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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 Richmond
Tweed Regional Library Deed of Agreement
Report No. 13.3 Election
of Deputy Mayor 2017-2018
Sustainable Environment and Economy
Report No. 13.8 Power
Up - Northern Rivers Electric Vehicle Strategy
Report
No. 13.11 Expressions of Interest for membership of
Northern Villages Guidance Group
Infrastructure Services
Report No. 13.13 Bangalow
Parking Strategy
Report No. 13.14 Draft Plan of
Management - Byron Bay Recreation Ground
Report No. 13.15 Review of Pay
Parking for Byron Bay
Report No. 13.16 Mullumbimby
Parking Management Strategy
Report
No. 13.19 Mullumbimby Skate Park Lighting Options
The remaining Recommendations and
Committee Recommendation were adopted as a whole, being moved by Cr Richardson
and seconded by Cr Hackett. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 17-321 and concluding with
Resolution No. 17-351.
Staff
Reports - Corporate and Community Services
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Report No. 13.2 Electricity
Procurement
File No: I2017/990
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17-321
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Resolved:
1. That
Council endorse the procurement strategy set out in this report, in
particular that Council runs a two-stage procurement process to the open
market and that the scope includes Council’s essential business
requirements, the ability to purchase Green Power, and Local Electricity
Trading.
2. That
Council delegates short-listing of Expression of Interest respondents and
acceptance of tenders to the General Manager as provided for under Section
377 of the Local Government Act 1993. (Richardson/Hackett)
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Report No. 13.4 Carryovers
for Inclusion in the 2017/18 Budget
File No: I2017/1005
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17-322
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Resolved that the works and services, and the respective
funding shown in Attachment 1 (#E2017/77527) be carried over from the 2016/2017
financial year and that the carryover budget allocations be adopted as budget
allocation revotes for inclusion in the 2017/2018 Budget Estimates. (Richardson/Hackett)
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Report No. 13.5 Council
Investments July 2017
File No: I2017/1007
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17-323
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Resolved that the report listing Council’s investments
and overall cash position as at 31 July 2017 be noted. (Richardson/Hackett)
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Report No. 13.6 Council
Budget Review - 1 April 2017 to 30 June 2017
File No: I2017/1013
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17-324
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Resolved that Council authorises the itemised budget
variations as shown in Attachment 2 (#E2017/79490) which includes the
following results in the 30 June 2017 Quarterly Review of the 2016/2017
Budget:
General
Fund - $0 change in Unrestricted Cash Result:
a) General
Fund - $12,866,200 increase in reserves
b) Water
Fund - $5,528,900 increase in reserves.
c) Sewerage
Fund - $4,959,400 increase in reserves (Richardson/Hackett)
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Report No. 13.7 Community
Strategic Plan review
File No: I2017/1042
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17-325
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Resolved that Council endorse the Community Strategic Plan
review project plan and engagement strategy. (Richardson/Hackett)
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Staff
Reports - Sustainable Environment and Economy
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Report No. 13.9 Report
of the Planning Review Committee Meeting held on 20 June, 2017
File No: I2017/832
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17-326
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Resolved that Council
note the report. (Richardson/Hackett)
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Report No. 13.10 PLANNING
- Report update on Council resolution 17-121 Tyagarah Airstrip - 26.2015.1.1
File No: I2017/989
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17-327
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Resolved:
1. That
Council considers progressing the Tyagarah Airstrip Planning Proposal after
the following have been completed:
a) a
Social Impact Assessment (SIA) associated with any expansion and
intensification of commercial uses at the Tyagarah Airfield;
b) an
assessment of noise impacts associated with any expansion and intensification
of commercial uses at the Tyagarah Airfield
c) an
updated flood impact assessment associated with any expansion and
intensification of commercial uses at the Tyagarah Airfield
d) a
Councillor workshop to consider other uses for the site that do not involve
increased aircraft activity.
e) community
consultation to include all affected stakeholders.
f) a
report on the cumulative ecological impacts of tree clearing required for the
airfield and in the interim cease any tree clearing not associated with
current airstrip safety.
2. That
Council does not support, and thus, removes any reference to commercial
helicopter operations or activities operating at Tyagarah Airfield, including
construction of a heliport.
(Richardson/Hackett)
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron,
Hackett and Spooner voted in favour of the motion.
No Crs voted against the motion.
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Report No. 13.12 Report
of the Planning Review Committee Meeting held on 1 August, 2017
File No: I2017/1029
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17-328
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Resolved that Council note the report. (Richardson/Hackett)
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Staff
Reports - Infrastructure Services
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Report No. 13.17 Brunswick
Heads Parking Management Strategy
File No: I2017/1030
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17-329
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Resolved:
1. That
Council endorse the Brunswick Heads Town Centre Parking Management Strategy
(E2016/80884) prepared by Traffic and Parking Systems Group (TPS) as a basis
for community engagement.
2. That
consultation be undertaken with the Brunswick Heads community regarding the
possible implementation of a revised parking layout and pay parking scheme in
the town centre.
3. That
a budget of $15,000 is allocated from the Pay Parking Reserve to perform the
investigation and community consultation with the Brunswick Heads 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
at the 23 November 2017 meeting in determining its adoption of a possible
revised parking management strategy and pay parking scheme. (Richardson/Hackett)
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Report No. 13.18 Event
- Chincogan Charge 2017 - Road Closure - 16 September 2017
File No: I2017/1043
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17-330
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Resolved:
1. That
Council endorse the Chincogan Charge 2017 Traffic Management Plan to be held
on Saturday 16 September 2017 that requires actions to control traffic on
Mullumbimby roads between 8:00am and 5:30pm, subject to conditions at:
a) Jubilee
Avenue - Mullumbimby Swimming Pool to Dalley Street
b) Dalley
Street - Jubilee Avenue to Burringbar Street
c) Burringbar
Street - Dalley Street to Brunswick Terrace
d) Brunswick
Terrace - Burringbar Street to Murwillumbah Road
e) Murwillumbah
Road - Brunswick Terrace to Coolamon Scenic Drive
f) Coolamon
Scenic Drive – House 1913 to Murwillumbah Road
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. hold
$20m public liability insurance cover which is valid for the event
iv. paying
Council’s Road Event Application Fee prior to the event
v. provide
a debrief of the event to the Traffic and Transport Planner within two weeks
of the conclusion of the event (Richardson/Hackett)
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COMMITTEE Reports - Corporate and
Community Services
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Report No. 14.1 Report
of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on
2 March 2017
File No: I2017/1026
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17-331
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Resolved that Council note the minutes of the Arakwal
Memorandum of Understanding Advisory Committee Meeting held on 2 March 2017.
(Richardson/Hackett)
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17-332
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Resolved that Council
adopt the following Committee Recommendation:
Report No. 4.1 Arakwal Mou
Implementation Plan 2017/18
File No:
I2017/218
Committee Recommendation 4.1.1
1. That
the Arakwal MoU Advisory Committee recommend that Council note the progress
on the implementation of the Arakwal Memorandum of Understanding for the
reporting period 2015-16.
2. That
the Arakwal MoU Advisory Committee recommend that Council endorse the Arakwal
Memorandum of Understanding Implementation Plan 2017-18 and identify the
priority projects from the Arakwal MoU for implementation in 2017-18, as
being:
· Emphasis
on protecting wetlands and estuaries, including Belongil, Tallow Beach,
Clarkes Beach, West Byron, Cumbebin Swamp, and adjacent to the Island Quarry.
3. That
a meeting be convened with the Arakwal Corporation and Council to discuss
matters relating to Sandhills Estate (MoU No. 5.2.3).
4. That
the Committee note a meeting is being held next week with the Office of
Environment and Heritage, Council and the NCHPT on stormwater issues from
Clarkes Beach Holiday Park (MoU No. 4.2.2).
5. That
the Manager Utilities be invited to the next meeting to provide an update on
works being carried out within the Belongil catchment and Clarkes Beach
midden, and to also discuss the appointment of an Arakwal representative on the
Waste, Water and Sewer Advisory Committee. (Richardson/Hackett)
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17-333
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 4.2 Arakwal Area at the Byron Bay Cemetery Update
File No: I2017/219
Committee Recommendation 4.2.1
1. That
the Arakwal Memorandum of Understanding Advisory Committee recommend that
Council note the progress on this project and provide further direction for
the next stage of this project.
2. That
a working party be formed to determine how the Arakwal section of the Byron
Bay Cemetery will operate. (Richardson/Hackett)
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17-334
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Resolved that Council adopt the following Committee Recommendation:
Report No. 4.3 Byron Shire Aboriginal
Cultural Heritage Study
File No:
I2017/220
Committee Recommendation 4.3.1
That the Arakwal MoU Advisory Committee recommend that
Council note the progress of the Aboriginal Cultural Heritage Study 2017. (Richardson/Hackett)
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17-335
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Resolved that Council adopt the following Committee Recommendation:
Report
No. 4.4 Aboriginal Cultural Events in the Byron Shire
File No: I2017/221
Committee
Recommendation 4.4.1
That the Arakwal Memorandum of
Understanding Advisory Committee recommend that Council note the development
and delivery of cultural activities and events for this reporting period.
(Hackett/Richardson)
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Report No. 14.2 Report
of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on
15 June 2017
File No: I2017/1072
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17-336
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Resolved that Council note the minutes of the Arakwal
Memorandum of Understanding Advisory Committee Meeting held on 15 June 2017. (Richardson/Hackett)
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17-337
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Resolved that Council
adopt the following Committee Recommendation:
Report
No. 4.1 Aboriginal Cultural Heritage Consultation -
Position Statement
File No: I2017/668
Committee
Recommendation 4.1.1
That Council adopt the
Aboriginal Cultural Heritage Statement, subject to a presentation to the next
Councillor Strategic Planning Workshop, prior to this matter being reported
to Council.
(Richardson/Hackett)
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17-338
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Resolved that Council adopt the following Committee Recommendation:
Report No. 4.2 Aboriginal Services Coalition
Update
File No:
I2017/672
Committee Recommendation 4.2.1
1. That
Council note the progress of the Aboriginal Services Coalition’s
project to increase Aboriginal Service delivery in the Byron Shire.
2. That
Council commend the Aboriginal Services Coalition Working Group for their
efforts.
(Richardson/Hackett)
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17-339
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Resolved that Council
adopt the following Committee Recommendation:
Report No. 4.3 Arakwal Section at the
Byron Bay Cemetery Progress Report
File No:
I2017/669
Committee Recommendation 4.3.1
1. That
the report be noted.
2. That
Council consider the wavering of fees in conjunction with an agreement with
the Arakwal Corporation for the care and maintenance of the site.
3. That
Council investigate funding options for the development of the Arakwal
Section at the Byron Bay Cemetery. (Richardson/Hackett)
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17-340
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Resolved that Council adopt the following Committee Recommendation:
Report
No. 4.4 Aboriginal Cultural Heritage Study Update
File No: I2017/689
Committee
Recommendation 4.4.1
That the report be noted. (Richardson/Hackett)
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17-341
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Resolved that Council
adopt the following Committee Recommendation:
Report No. 4.5 Flying
Fox Management Plan Consultation
File No: I2017/690
Committee Recommendation 4.5.1
That the presentation be noted. (Richardson/Hackett)
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Reports
of Committees - Infrastructure Services
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Report No. 14.3 Report
of the Local Traffic Committee Meeting held on 18 July 2017
File No: I2017/1004
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17-342
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Resolved that Council note the minutes of the Local Traffic
Committee Meeting held on 18 July 2017. (Richardson/Hackett)
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17-343
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Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 6.1 Traffic – Lucky Lane, Billinudgel – Regulatory
Signage - Stop to Give Way
File No:
I2017/595
Committee Recommendation 6.1.1
That
Council:
1. revise
the intersection at Lucky Lane and Bonanza Drive, Billinudgel from stop to
give way, which includes bringing the hold line forward and signage, when
funding is available.
2. inspect
vegetation at the intersection of Lucky Lane and Bonanza Drive, Billinudgel
to insure appropriate line of sight is available for vehicles and, if
required, undertake trimming of vegetation. (Richardson/Hackett)
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17-344
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 6.2 Traffic - Stuart Street
152 - Regulatory Signage - No Parking 1:00am to 6:00am at Mullumbimby Community
Garden
File No: I2017/654
Committee
Recommendation 6.2.1
That Council regulate parking at
the Mullumbimby Community Gardens, located at 152 Stuart Street, Mullumbimby;
including installing ‘No Parking 1:00am to 6:00am’ signage, when
funds become available. (Richardson/Hackett)
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17-345
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 6.3 Traffic - Main Arm Road
911 - Regulatory signage - No Stopping - Main Arm Rural Fire Service
File No:
I2017/930
Committee Recommendation 6.3.1
That
Council:
1. note
that it is an offence to park across a driveway.
2. advise
the Main Arm Rural Fire Service to install ‘No Parking’ signage
on the gate and the Rural Fire Service building. (Richardson/Hackett)
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17-346
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Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 7.1 Traffic - Old Bangalow Road 86 - Advisory sign -
Wildlife Sign request
File No: I2017/617
Committee
Recommendation 7.1.1
That Council install two Koala
wildlife signs near 19 and 162 Old Bangalow Road, Byron Bay, when funds
become available in 2017/2018. (Richardson/Hackett)
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17-347
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Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 7.2 Traffic - Office of
Transport Safety Investigations (OTSI) - Informal Bus Stops - Findings and
Recommendations
File No:
I2017/626
Committee
Recommendation 7.2.1
That
Council:
1. note
the Local Traffic Committee comments.
2. provide
the Local Traffic Committee comments to the Council’s Traffic and
Transport Planner. (Richardson/Hackett)
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17-348
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Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 7.3 Traffic - Lateen Lane - Regulatory Signage -
Proposed Shared Zone
File No: I2017/829
Committee
Recommendation 7.3.1
1. That
Council note the Local Traffic Committee comments.
2. That
Council supports Lateen Lane becoming a shared zone, in principal, should it
meet RMS warrants.
3. That
further investigation be undertaken, including consideration of the
installation of traffic calming devices where warranted. (Richardson/Hackett)
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17-349
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 7.4 Traffic - Bay Lane -
Regulatory Signage - Proposed Shared Zone
File No:
I2017/951
Committee Recommendation 7.4.1
1. That
Council note the Local Traffic Committee comments.
2. That
Council supports Bay Lane becoming a shared zone, in principal, should it
meet RMS warrants.
3. That
further investigation be undertaken, including consideration of the
installation of traffic calming devices where warranted. (Richardson/Hackett)
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17-350
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Resolved that Council
does not adopt Committee Recommendation(s) 8.1 as shown in the attachment to
this report, but instead adopts the Management Recommendation(s) as follows:
Report
No. 8.1 DA - Byron Writers Festival 2017 - Road Closure - 4
August to 6 August 2017
File No: I2017/659
Management Recommendation
8.1.1
1. That
Council note that the Byron Bay Writers Festival and Ideas Market have an
existing development consent approval (DA 10.2016.251.1) for an annual event
for the years 2016, 2017 and 2018, which includes approved Traffic Control
Plan numbers 160606-16297TCP1, 160606-16297TCP2, 160606-16297TCP3 and
160606-16297TCP4.
2. That
Council note Traffic Control Plan numbers 160606-16297TCP1, 160606-16297TCP2,
160606-16297TCP3 and 160606-16297TCP4, as approved in 2016 by the development
consent approval (DA 10.2016.251.1), were utilised for the Byron Bay Writers
Festival and Ideas Market 2017, held Friday 4 August to Sunday 6 August 2017.
3. That
Council endorse, in principal, the updated Traffic Management Plan (TMP) and
Spinifex Recruiting Traffic Control Plans (TCPs) for the Byron Bay Writers
Festival and Ideas Market (attached), as reviewed by the Local Traffic
Committee, subject to:
a) the
TMP and TCPs being modified to include provision for a formalised central
crossing point for pedestrians between the event site and the designated car
park, including fencing to direct pedestrian to the centralised crossing
point and restrict random pedestrian crossing of Bayshore Drive.
b) approval
to modify DA 10.2016.251.1 consent is obtained to reflect the updated TMP and
TCPs prior to implementation.
c) separate
approvals by NSW Police and RMS being obtained.
d) 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.
e) 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.
f) the
event be notified on Council’s webpage.
g) 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) hold
$20m public liability insurance cover which is valid for the event.
4. That
the event organisers be advised that prior to implementation of any modified
TMPs and/or TCPs a separate Section 96 application to be lodged with Council,
to amend the existing development consent approval (DA 10.2016.251.1). (Richardson/Hackett)
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17-351
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Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 8.2 DA - Festival of the Stone 2017 - Road Closure -
Sunday 11 June 2017
File No: I2017/785
Committee
Recommendation 8.2.1
That Council note the Traffic
Control and Traffic Management Plans, as attached, which were utilised for
the Festival of the Stone 2017, held Sunday 11 June 2017. (Richardson/Hackett)
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Procedural
Motion
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17-352
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Resolved that Council
change the order of business to deal with items 9.2, 13.11 and 13.13 next on
the Agenda and that item 9.4 is considered after 9.1 and item 9.5 is
considered after 9.3.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
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Notices of Motion
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Notice of Motion No. 9.2 Renewal
of the Tourism Advisory Committee
File No: I2017/1074
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17-353
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Resolved:
1. That
Council confirm its commitment to sustainable tourism in Byron Shire as per
the Tourism Management Plan 2008-2018.
2. That
staff prepare a report on the progress of the ACTIONS of the Tourism Management
Plan 2008-2018, as well as a project plan for the development of the new
Tourism Management Plan.
3. That
the report be prepared and presented no later than the last Ordinary Meeting
of 2017. (Coorey/Cameron)
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Procedural
Motion
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17-354
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Resolved that Cr Cameron be granted a two minute
extension to his speech.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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The motion (Coorey/Cameron) was put to the vote and
declared carried.
Staff Reports - Sustainable
Environment and Economy
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Report No. 13.11 Expressions
of Interest for membership of Northern Villages Guidance Group
File No: I2017/991
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17-355
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Resolved that Council:
1. Appoint
all community members that nominated for the Northern Villages Guidance Group
from the respondents at Confidential Attachment 1 (E2017/76365).
2. Appoint
Crs Richardson, Lyon and Coorey to be members of the Northern Villages
Guidance Group. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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Staff Reports - Infrastructure
Services
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Report No. 13.13 Bangalow
Parking Strategy
File No: I2017/349
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Moved:
1. That
Council endorse the implementation of the changes to the parking time limits
in the Bangalow town centre, as depicted in the proposed parking times in
Figure 1, being 1P throughout Byron Street and part of Station Street, with
2P in the remainder of Station Street.
2. That Council
receive a report following a six month review of changed parking times that
includes data on infringements and considered further advice of the Bangalow
Guidance Group regarding the possible implementation of pay parking in
Bangalow.
3. That council consult with the
Bangalow Guidance Group to identify pedestrian and mobility improvements that
would be required for a successful implementation of paid parking.
(Cameron/Hackett)
|
AMENDMENT
|
17-356
|
Resolved:
1. That
Council endorse the implementation of the changes to the parking time limits
in the Bangalow town centre, as depicted in the proposed parking times in
Figure 1, being 1P throughout Byron Street and part of Station Street, with
2P in the remainder of Station Street.
2. That
Council endorse the introduction of a Bangalow Town Centre Pay Parking
Scheme, which is in line with the existing Byron Bay town centre parking
scheme.
3. That
the Bangalow Town Centre Pay Parking Scheme:
· applies a
unilateral parking charge of $4 per hour; and
· incorporates
annual exemptions in accordance with Council’s approved fees and
charges.
4. That
a pay parking area be endorsed as depicted in Figure 2, which covers:
a) Byron
Street, from the roundabout crossing Granuaille Road to Market Street; and
b) Station
Street, excluding the all day car park to the south.
5. That
Roads and Maritime Services (RMS) concurrence be sought prior to the
implementation of the Bangalow Town Centre Pay Parking Scheme.
6. That
Council approve a budget of $75,000 to implement the paid parking scheme and
revised parking time limits, from the Pay Parking Reserve.
7. That
Council receive a report after twelve (12) months of the Bangalow Pay Parking
Scheme being in operation, to review:
· operational
costs;
· revenue;
· effect on
the Bangalow Village and locality; and
· projects
funded by the scheme.
8.
That Council dedicate all net revenue received from pay parking in Bangalow
to infrastructure projects identified by the Bangalow Village Plan Guidance
Group and in Council’s asset management plan and that those projects be
incorporated into the annual Council budgetary process.
9. That
the paid parking scheme commence 1 January 2018 and prior to this
commencement Council work alongside Bangalow Guidance Group to identify:
a) projects
to be funded from revenues raised, including pedestrian, cycling and mobility
improvements as priorities identified in the consultation.
b) impacts
and implications of paid parking on the overall Masterplan of Bangalow
including parking outside the town centre.
c) design
and locations of pay stations that acknowledge the heritage nature of the
main street. (Richardson/Spooner)
|
|
|
Procedural
Motion
|
|
17-357
|
Resolved that Cr Richardson
be granted a two minute extension to his speech.
(Cameron/Ndiaye)
The motion was put to the vote and declared carried.
|
The amendment was put to the vote and declared carried.
Crs Lyon and Cameron voted against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Cameron and Hackett voted against the motion.
Mayoral
Minute
|
|
Mayoral Minute No. 8.1 Establishing
a Tourism Councils Advocacy Alliance
File No: I2017/1016
|
|
17-358
|
Resolved that Council:
1. Endorse
the establishment of a Tourism Councils Advocacy Alliance (suggested name
only, to be finalised by the Alliance).
2. Support
the Alliance being led by Byron Shire Council including the initial resourcing
of the secretariat function to establish and run the Alliance.
3. Endorse
membership to the new Alliance being open to all Australian councils impacted
by tourism, and that a letter of invitation for membership be sent to council
Mayors, Councillors and/or General Managers – to be signed by both the
Byron Shire Mayor and/or General Manager.
4. Endorse
the Alliance’s draft key roles, responsibilities and governance
structure (see Mayoral Minute Background Information) which will be clearly
communicated in the invitation sent to prospective members, to attract
councils with an interest in the vision, charter and objectives of the group.
5. Support
the public announcement of the Alliance’s establishment including
setting of a provisional date/timeframe for the Alliance’s first
meeting.
6. Within
the first meeting as outlined in step 2 within the background notes, include
as an agenda item financial sustainability of the group and membership
criteria. (Richardson)
|
The motion was put to the vote and declared carried.
The meeting adjourned at 6.25pm for dinner and reconvened
at 7.10pm.
Notices
of Motion
|
|
Notice of Motion No. 9.1 Review
of Traffic and Roadworks for Ewingsdale Road
File No: I2017/1073
|
|
17-359
|
Resolved:
1. That
Council review its plans and strategies for transport management including
roadworks through the Ewingsdale transport corridor and access to the Byron
Bay town centre in order to identify actions to reduce the number of cars
entering Byron Bay township and strategies to increase alternative transport
modes within the corridor.
2. That
staff undertake an assessment of future transport needs through the
Ewingsdale transport corridor and access into Byron Bay town centre in light
of all relevant available data including, but not limited to:
i) MR545
Study
ii) Byron
Bay Town Centre Masterplan
iii) Findings
of the Access and Movement Strategy
iv) Current
and future projections of tourist numbers
v) Byron
Zero Emissions Strategy
vi) EV
Strategy
vii) Any
other relevant studies and data
3. That Council reiterates its commitment to reducing traffic in
Byron Town Centre and creating opportunities for more public transport,
pedestrians and bicycles. (Coorey/Cameron)
|
|
|
Procedural
Motion
|
|
17-360
|
Resolved that Cr Coorey
be granted a two minute extension to her speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
The motion (Coorey/Cameron) was put to the vote and
declared carried.
|
|
Notice of Motion No. 9.4 Change
of Council Ordinary Meeting Date
File No: I2017/1085
|
|
17-361
|
Resolved that Council change the date
for the October Council Ordinary meeting from 19 October 2017 to 26
October 2017. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
|
Notice of Motion No. 9.3 Progress
of Council’s Resolutions
File No: I2017/1075
|
|
17-362
|
Resolved:
1. That
at the next possible Strategic Planning Workshop Council discuss ways to keep
Councillors and the community informed of the current status of resolutions.
2. That
following this discussion a report be brought outlining possible layouts and
methods of reporting the status of resolutions. (Coorey/Hackett)
The
motion was put to the vote and declared carried.
Crs
Lyon and Spooner voted against the motion.
|
|
|
Notice of Motion No. 9.5 Support
for a Tourism Accommodation Levy
File No: I2017/1086
|
|
17-363
|
Resolved that Council:
1. Reiterates its support
for a bed tax/tourism accommodation levy.
2. Write to the State
Government, requesting that if it falls short of supporting a bed tax/tourism
accommodation levy, it establishes an expressions of interest process seeking
submissions from Local Government Areas to act as trial locations for the
implementation and management of a trial bed tax/tourism accommodation levy.
3. Nominate itself for such
a trial should this process be forthcoming
4. Write to all local
representatives seeking their support, and to all political party leaders
also seeking support.
5. Write to NSW councils
seeking support to participate in the trial.
6. Prepare a
position paper to form part of the Council submission to the NSW Government
Short Term Holiday Letting Options Paper to reiterate its support for a bed
tax/tourism accommodation levy. (Richardson/Ndiaye)
The motion was put to the vote and
declared carried.
|
Petitions
|
|
Petition No. 10.1 Repair
and Resurfacing Coolamon Avenue Mullumbimby
File No: I2017/924
|
|
17-364
|
Resolved that the
petition regarding Repair and
Resurfacing Coolamon Avenue Mullumbimby
be noted. (Richardson/Lyon)
The motion was put to the vote and declared carried.
|
Submissions
and Grants
|
|
Report No. 11.1 Byron
Shire Council Submissions and Grants as at 2 August 2017
File No: I2017/1019
|
|
17-365
|
Resolved that Council note the report. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Delegates'
Reports
1. Tourism Symposium 18 August 2017
Cr Richardson advised Council:
As a delegate, as
part of the ex- officio role of Destination Byron, I attended a tourism
symposium last Friday. I think there was a bit of coming of age of Destination
Byron in that rather than just doing marketing and similar, it was really
focused on making tourism sustainable. They brought in the ex-Mayor from
Queenstown, New Zealand to share her stories and someone from the Great Ocean
Road to share their stories as well. We had fantastic panelists and
really specific topics that had the same theme all day, ie how do we make
tourism sustainable for the communities that pay host to it?
It really was
quite an impressive day and full of good activities. We got a fair bit of media
from it too about gains from a council point of view, trying to advocate for
sustainable tourism. It was really well attended by not just Byron people
and we had councillors from Clarence Valley and elsewhere.
Hopefully we can
get more of those conversations and we can be part of that catalyst for
having the conversations.
Cr Spooner took a moment during this item to acknowledge the
passing of Lanie Reed, a long term resident of the Shire and expressed his
condolences to the Reed family.
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.1 Richmond
Tweed Regional Library Deed of Agreement
File No: I2017/960
|
|
17-366
|
Resolved that in
relation to the Richmond Tweed Regional Library Deed of Agreement, Council:
a) Adopt
the Deed of Agreement.
b) Delegate
the General Manager to finalise and execute the Deed.
c) Appoint
Lismore City Council as the Executive Council of the Richmond Tweed Regional
Library.
d) Appoint
two Councillors to the Richmond Tweed Regional Library Committee members and
one alternate Committee Member once notice has been given that the Committee
has been formed. (Ndiaye/Richardson)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.3 Election
of Deputy Mayor 2017-2018
File No: I2017/1104
|
|
17-367
|
Resolved:
1. That
Council elect a Deputy Mayor for the period from 21 September 2017 until the
first meeting of Council in September 2018.
2. That
the method of election of the Deputy Mayor be by way of ordinary ballot.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
The returning officer advised that there was one nomination
for Deputy Mayor being Cr Cameron.
As there were no further nominations the returning officer
declared Cr Cameron elected as Deputy Mayor for the ensuing 12 month period.
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.8 Power
Up - Northern Rivers Electric Vehicle Strategy
File No: I2017/508
|
|
|
Moved
that Council:
1. Note
the draft strategy and undertake further work to develop
·
Actions based on encouraging the development, implementation
and support of car share and ride share schemes.
·
A better understanding of the embedded carbon emissions in the
manufacture of EV components and vehicles.
·
An understanding of the impact of shifting of energy demands
from ICE to EVs on both green power and traditional energy sources in the
short to medium term as well a possible increase in emissions from a rapid
move to EVs without considering other market and technological factors.
·
Integration of increased EV uptake with actions to improve
active and public transport options.
2. Support
eco-friendly priority/designated car parking spaces for carpooling for EVs
and hybrids.
3. Schedule
a Councillor workshop to discuss the draft strategy. (Cameron/Hackett)
|
|
|
Procedural
Motion
|
|
17-368
|
Resolved that Cr Cameron
be granted a two minute extension to his speech.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
AMENDMENT
|
17-369
|
Resolved that Council
endorse the Strategy and have a Strategic Planning Workshop to discuss
implementation, implications and possible incentives. (Richardson/Ndiaye)
|
The amendment was put to the vote and declared carried.
Crs Coorey, Cameron and Hackett voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Staff Reports - Infrastructure
Services
|
|
Report No. 13.14 Draft
Plan of Management - Byron Bay Recreation Ground
File No: I2017/429
|
|
|
Cr Spooner declared a pecuniary interest in relation to
this matter. As such, he elected to leave the Chamber and not participate in
the discussion or vote.
|
|
17-370
|
Resolved that this matter be deferred so that information be
shared at the next available Strategic Planning Workshop and at this workshop
other Plans of Management in the Byron Shire areas and examples of other shire’s
plans are shared. (Ndiaye/Richardson)
The motion was put to the
vote and declared carried.
Cr Hackett voted against the
motion.
Cr Spooner was not present
for the vote.
Cr Spooner returned to the
meeting at 8.51pm.
|
|
|
Report No. 13.15 Review
of Pay Parking for Byron Bay
File No: I2017/164
|
|
|
Cr Lyon declared a non-pecuniary interest in relation
to this matter. He elected to stay in the Chamber, participate in the debate
and vote.
|
|
17-371
|
Resolved that Council endorses the review of Pay Parking in
Byron Bay and the following
recommendations:
1. That
tighter business rules be developed and implemented around E-permit access
and eligibility, noting that resource levels need to be able to meet demand
required for verification, and it is preferred that E-permits are obtained
online and there be a review of the E-permit data and system, including
online portal and management.
2. That
a review be undertaken of E-permits in regard to the number of permits on
issue to specific households and businesses and the financial implications of
maintaining and / or modifying this aspect of the pay parking system.
3. That
consistent hourly rate charges remain across all zones.
4. That
current time limits within the scheme remain unchanged until such time future
reviews or audits identify need for change.
5. That
a five year objective be to increase the use of cashless options to represent
no less than 50% of all transactions in order to minimise future cash
collection costs.
6. That
an audit of the Pay Parking scheme be carried out no later than December 2018
and thereafter every three years. The audit report to be presented to
Council for endorsement and a copy to be forwarded to the RMS within one
month of endorsement in accordance with statutory requirements.
7. That
Council receive a performance review report annually in relation to the
e-permit and pay parking scheme together with a separate performance report
on infringement and enforcement.
8. That
Council receive a report on the costs of obtaining number plate origin
information for the purpose of determining the costs of extending the
e-permit to immediate surrounding areas of the Shire. (Lyon/Richardson)
|
|
|
Procedural
Motion
|
|
17-372
|
Resolved that
the meeting be extended past 9.00pm to 9.30pm in
order to complete the remaining business. (Richardson/Coorey)
The motion was put to the vote and declared carried.
|
The motion (Lyon/Richardson) was put to the vote and
declared carried.
|
|
Report No. 13.16 Mullumbimby
Parking Management Strategy
File No: I2017/416
|
|
|
Cr Lyon declared a non-pecuniary interest in relation
to this matter. He elected to stay in the Chamber, participate in the debate
and vote.
|
|
17-373
|
Resolved:
1. That
Council note the Mullumbimby Town Centre Parking Management Strategy
(E2016/80919) prepared by Traffic and Parking Systems Group (TPS) as a basis
for community engagement.
2. That
consultation be undertaken with the Mullumbimby community regarding the
possible implementation of a revised parking layout in the town centre.
3. That
a budget of $10,000 is allocated from the Pay Parking Reserve to perform the
investigation and community consultation with the Mullumbimby community
regarding the possible implementation of a revised parking layout in the town
centre.
4. That
Council consider the results of the investigation and community consultation
at the 23 November 2017 meeting in determining its adoption of a possible
revised parking management strategy. (Richardson/Cameron)
The motion was put to the
vote and declared carried.
|
|
|
Report No. 13.19 Mullumbimby
Skate Park Lighting Options
File No: I2017/1088
|
|
17-374
|
Resolved that Council approve the installation of skate park
lighting and upgrade of existing lighting and that:
a) Additional
consultation be undertaken with local residents and the skating community.
b) $30,000
is allocated from s94 funds for the project
c) a
review be provided after 12 months
d) the
fade facility to be extended to two minutes
e) the
lighting is turned off at 9.00pm (Ndiaye/Richardson)
The motion was put to the
vote and declared carried.
|
urgency motion
|
|
Procedural
Motion
|
|
17-375
|
Resolved that the
matter of North Byron Parklands be discussed as a matter of urgency, the
urgency being that the Planning Assessment Commission is meeting next week
and there will be no option prior to then to consider the issues raised by
the motion. (Cameron/Coorey)
The motion was put to the vote and declared carried.
Cr Spooner voted against the motion.
|
|
|
No. 1 Matter of Urgency - North Byron Parklands
|
|
|
Cr Spooner declared a pecuniary interest in this
matter. As such, he left the Chamber, did not participate in discussion and
vote.
|
|
17-376
|
Resolved that
Council:
1. Note that Condition C1 of the Planning Assessment
Commission determination and Concept Plan for the Parklands trial approval
states that Byron Shire Council is to give further approvals for any
events on the site after the end of 2017 and that Council reserves that
right;
2. Notify the Planning Assessment Commission that
Council will support an extension of the approval for the North Byron
Parklands to enable the Falls Festival to take place;
3. Convey to the PAC that Council believes it is
unfortunate that the organiser for the Falls Festival 2017/2018 is releasing
tickets for sale on the day that the PAC is holding a community public
meeting as part of the assessment process;
4. Express concerns, as conveyed by the Tweed Local
Area Police Command, that the site could not be evacuated within 8 hours in
the event of an emergency such as a fire, flood or terror attack; and
5. Advise the PAC of the many breaches by event
organisers of conditions of consent and the lack of responsiveness to
community concerns in rectifying those breaches.
6.
Note the lack of resolution on attenuation and other issues
impacting on 'affected receivers' as required by the initial approval. (Cameron/Coorey)
|
|
|
Procedural
Motion
|
|
17-377
|
Resolved that that
the meeting be extended past 9.30pm to 9.40pm to complete this item.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
The motion (Cameron/Coorey) was put to the vote and declared carried.
Crs Richardson
and Martin voted against the motion.
There being no further business the meeting concluded at 9.50pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 21 September 2017.
….…………………………
Mayor Simon Richardson
