Ordinary Meeting
Minutes
1 February 2018
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
1 February 2018 COMMENCING AT 9.00AM AND CONCLUDING AT
3.31PM
I2018/61
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr M Lyon,
Cr J Martin and Cr P Spooner
Staff: Mark
Arnold (Acting General Manager)
Anna
Vinfield (Acting Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
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:
7 Reservation
of items for debate and order of business
Matthew O’Reilly addressed Council on the order of
business.
9.1 Byron
Bay Paid Parking Scheme
Paul McCarthy addressed Council in favour of the
recommendation.
9.3 Resident
Contribution for Sealing Mafeking Road
Melissa Begg and Suvira McDonald addressed Council in
favour of the recommendation.
13.2 Effective
Community Engagement and Participative Decision Making
Tony Hart, representing the Bangalow Progress
Association, addressed Council in favour of the recommendation.
John Anderson addressed Council against the
recommendation.
13.7 Update
on Res 17-515 and BSC ats Gordon Highlands Pty Ltd
Ian Holmes, representing the Bangalow Progress
Association, addressed Council in favour of the recommendation.
13.10 Expression
of Interest – Assessment of Affordable Housing Proposal on Council and/or
Crown held land
Matthew Lambourne addressed Council in favour of the
recommendation.
Matthew O’Reilly, representing Community
Associations Byron Shire, addressed Council against the recommendation.
13.12 Compliance Priorities Program 2018
John Anderson addressed
Council against the recommendation.
16.2 Tender Assessment – Legal
Services Contract 2017-0054
John Anderson addressed
Council against the recommendation.
Submission
No. 1 Roadworks at Upper Main Arm
Matthew Lambourne made a submission to Council regarding roadworks
at Upper Main Arm.
Submission
No. 2 Saddle Road Planning Proposal
Matthew O’Reilly made a submission to Council
regarding a planning proposal at Saddle Road.
Question
No. 1 Drain Clearing at Billinudgel
Matthew Lambourne asked the following question:
Why has there been no apparent progress on drain clearing at
Billinudgel since the SES meeting at Billinudgel on 24 September 2017 at which
SES reports that “Council rep looking at drains and work out a plan for
cleaning up”?
The question was taken on notice.
Question
No. 2 Rural Accommodation Figures
Matthew O’Reilly asked the following question:
Can Council please provide figures for the number of new dwelling
or rural tourist accommodation approvals in the 2015, 2016 and 2017 calendar
years. Can these figures be divided into:
§
Rural primary dwellings
§
Rural dual occupancies
§
Rural secondary dwellings
§
Urban detached dwellings
§
Urban secondary dwellings
§
Urban dual occupancies
§
Urban multi dwelling housing approved as strata title
developments
§
Shop top housing
§
Rural tourist cabins, farm stay accommodation or eco tourism
accommodation
NB please count total dwellings not total approvals as often
multiple dwellings are included in a single approval such as multi dwelling
housing dual occupancies or a new house and secondary dwelling
The question was taken on notice.
Question
No. 3 General Manager Delegations
John Anderson asked the following question:
Would any Councillor who at the relevant Council meeting
last September who was aware at that time that it was the intent of the
relevant staff report to that meeting for Council to give all Council’s
powers to the General Manager that it could legally give him, care to give this
meeting reasons for supporting that recommendation, or, alternatively to
provide such reasons for publication in the next agenda; given that the public
has a right to know the reason for your decision?
The question was taken on notice.
The meeting adjourned at 10.00am and reconvened at 10.23am.
Apologies
There were apologies received from
Crs Hunter and Ndiaye.
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18-001
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Resolved that the apologies from Crs Hunter and Ndiaye be
accepted and a leave of absence granted. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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Requests
for Leave of Absence
There
was a request for leave of absence from Cr Hunter until 22 February 2018.
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18-002
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Resolved that
Cr Hunter be granted a leave of absence from 1 February 2018 to 22 February
2018. (Richardson/Lyon)
The motion was put to the vote and declared carried.
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Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Richardson declared a non-pecuniary interest in Item 9.3.
The nature of the interest being that he has lived on Mafeking Road previously.
Cr Richardson elected to stay in the Chamber and will participate in the debate
and vote.
Cr Cameron declared a non-pecuniary interest in Item 9.3.
The nature of the interest being that he lives on Mafeking Road. Cr Cameron
elected to remain in the Chamber and will participate in discussion and the
vote.
Cr Richardson declared a non-pecuniary interest in Report 13.7.
The nature of the interest being that his wife provided design work for the
proponent five years previously. Cr Richardson elected to remain in the
Chamber and will participate in discussion and the vote.
Cr Spooner declared a non-pecuniary interest in Report 13.11.
The nature of the interest being that his employer operates markets in Byron
Bay and could be considered a competitor. Cr Spooner elected to leave the
Chamber and will not participate in 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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18-003
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Resolved that the minutes of the Ordinary Meeting held
14 December 2017 be confirmed.
(Spooner/Richardson)
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
General Manager
Report No. 13.1 Cavanbah
Centre - Options for Future Development
Report No. 13.2 Effective
Community Engagement and Participative Decision Making
Report No. 13.3 Byron
Recreation Grounds Plan of Management - Clarification of Process and Rationale
Report No. 13.4 Planning
a new era for the Byron Arts and Industrial Estate
Corporate and Community Services
Report No. 13.5 Section
355 Management Committee matters
Report No. 13.7 Update
on Res 17-515 and BSC ats Gordon Highlands Pty Ltd
Report No. 13.8 Joint
Organisation of Councils
Sustainable Environment and Economy
Report No. 13.10 Expression
of Interest - Assessment of Affordable Housing Proposal on Council and/or Crown
held land
Report No. 13.12 Compliance
Priorities Program - 2018
Report No. 13.13 Tourism
Management Plan 2008-2018 Acquittal
Report No. 13.14 Report of the
Planning Review Committee Meeting held on 30 November, 2017
Infrastructure Services
Report
No. 13.20 Mullumbimby Hospital site acquisition and
site remediation
Committee Reports
Infrastructure Services
Report No. 14.2.
Report of the Water, Waste and Sewer Advisory
Committee Meeting held on 21 December 2017
Confidential Reports
Corporate and Community Services
Report No. 16.2 Confidential - Tender Assessment -
Legal Services Contract 2017-0054
Organisation Development
Report No. 16.4 Confidential - General Manager
Recruitment
Cr Spooner left the Chambers in accordance with his
earlier declared interest in Report 13.11.
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Lyon. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 18-004 and concluding with
Resolution No. 18-031.
Cr Spooner returned to the meeting following the vote.
Submissions and grants
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Report No. 11.1 Byron
Shire Council Submissions and Grants as at 10 January 2018
File No: I2017/2099
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18-004
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Resolved that Council
note the report and Attachment 1 (E2018/2222). (Richardson/Lyon)
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Staff Reports - Corporate and
Community Services
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Report No. 13.6 Council
Investments 25 November to 31 December 2017
File No: I2018/1
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18-005
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Resolved that the
report listing Council’s investments and overall cash position as at 31
December 2017 be noted. (Richardson/Lyon)
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.9 Draft
Local Approvals Policy - further amendments
File No: I2017/1748
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18-006
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Resolved:
1. That
Council endorse the additional exemption provisions of the draft Local
Approvals
2. That
the draft Local Approvals Policy be placed on public exhibition for a period
of 42 days for community consultation and submissions from interested
parties.
3. That
any submissions received as a result of the public exhibition be presented to
Council for consideration in determining the adoption of the Amended Local
Approvals Policy. In the event that there are no submissions received during
the exhibition period, then the Amended Local Approvals Policy be submitted
to the Director General for concurrence and, subject to that concurrence, be
adopted. (Richardson/Lyon)
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Report No. 13.11 PLANNING
- 10.2017.399.1 Use of Cavanbah Centre for Primitive Camping grounds and
markets at 249 Ewingsdale Road Byron Bay
File No: I2017/1778
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18-007
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Resolved that pursuant
to Section 80 of the Environmental Planning & Assessment Act 1979,
development application 10.2017.399.1 for use of Cavanbah Centre for primitive camping grounds and markets,
be granted consent subject to the conditions listed in Attachment 2 #E2018/3031.
(Richardson/Lyon)
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Richardson, Cameron, Hackett
and Spooner voted in favour of the motion.
No Councillors voted against the motion.
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Report No. 13.15 Coastal
Management Program for the Western Precincts of the Byron Bay Embayment -
proposed project plan
File No: I2017/2005
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18-008
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Resolved:
1. That
Council write to the Minister advising of the conflicting advice Council has
received and seek their clarification as to how best to proceed with the
preparation of a Coastal Management Program in the absence of the new
legislation being enacted and the NSW Coastal Manual and Toolkit being
finalised.
2. That
Council await the advice of the Minister before proceeding with a Coastal
Management Program for both the Western Precincts of the Byron Bay Embayment
and the Northern Precincts (New Brighton and South Golden Beach).
3. That
Council endorse in principle the proposed project plan (Table 1 of this
report) to prepare a Coastal Management Program for the Western Precincts
Byron Bay Embayment pending further Ministerial advice. (Richardson/Lyon)
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Report No. 13.16 Report
of the Planning Review Committee Meeting held on 21 December 2017
File No: I2017/2098
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18-009
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Resolved that the report
be noted. (Richardson/Lyon)
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Report No. 13.17 CZMP
for the Brunswick Estuary (Issue 5, June 2017) and Ministerial certification
File No: I2018/2
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18-010
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Resolved:
1. That minor editorial changes and
amendments are made to the Coastal Zone Management Plan for the Brunswick
Estuary (Issue 5, June 2017- Attachment 1) based on comments received from
public agencies (Attachment 2).
2. That no further work be done to
seek Ministerial Certification of the Coastal Zone Management Plan until such
time as resources permit.
3. That Council adopt the revised draft
Coastal Zone Management Plan and make it publicly available to support Council’s
work and the work of non-government organisations acknowledging that it is
not certified by the Minister. (Richardson/Lyon)
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Staff Reports - Infrastructure
Services
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Report No. 13.18 Review
of Bitumen Sealing Practises & Pothole Filling Works
File No: I2017/1165
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18-011
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Resolved that Council note the report and the ongoing
implementation of the action plan.
(Richardson/Lyon)
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Report No. 13.19 North
Ocean Shores Sports Field Renaming
File No: I2017/1827
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18-012
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Resolved that Council approves “Bob Bellear
Sportsground” as the permanent name for the North Ocean Shores Sports
Field to be advertised for public comment by the NSW Geographical Names
Board.
(Richardson/Lyon)
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Report No. 13.21 Minutes
of Coastal Estuary Catchment Panel Meeting 30 November 2017
File No: I2017/2074
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18-013
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Resolved that Council adopt the following Panel recommendations:
Panel Recommendation 4.1. The State of Water Reuse
That Council notes the Panel supports water reuse over
river discharge via solar electric installations for the supply pump at
Mullumbimby and the irrigation pumps on the two farms in Main Arm involved in
the Main Arm reuse scheme, especially due to the coincidence of insolation
and irrigation.
Panel Recommendation 4.2. Recycled
Water Pricing
1. That
Council notes Panel supports, where appropriate, for development consent
conditions that require compulsory plumbing of recycled water to dwellings
for laundry, toilets and gardens and to business and commercial where
appropriate, as happens in parts of Ballina Shire.
2. That
Council requests a cost benefit analysis on implementing the above in Byron
Shire including an environmental assessment and that this report be forwarded
to Water, Waste and Sewer Advisory Committee for considerations. (Richardson/Lyon)
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commitee 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
21 November 2017
File No: I2017/1825
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18-014
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Resolved that Council note the minutes of the Arakwal
Memorandum of Understanding Advisory Committee Meeting held on 21 November
2017. (Richardson/Lyon)
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18-015
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Resolved that Council
adopt the following Committee Recommendation:
Committee Recommendation
4.1.1
That the report from Matthew
O’Reilly (President of Saddle Ridge Local Area Management Planning
Association):
·
be reviewed by the Arakwal Corporate and comments provided back
to this Committee/Council
·
be saved into Council’s secure record system as a
confidential document.
(Richardson/Lyon)
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18-016
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Resolved that
Council adopt the following Committee Recommendation:
Report
No. 4.2 Butler Street proposed Crown Land Acquisition
File No: I2017/1750
Committee
Recommendation 4.2.1
That the Arakwal Memorandum of Understanding Advisory
Committee note the consultation with the Arakwal Corporation and the Arakwal
Memorandum of Understanding Committee on the compulsory acquisition of the
crown land at Butler Street, Byron Bay. (Richardson/Lyon)
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18-017
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Resolved that
Council adopt the following Committee Recommendation:
Report
No. 4.3 Aboriginal Cultural Heritage Study
File No: I2017/1751
Committee
Recommendation 4.3.1
That the Arakwal Memorandum of Understanding Advisory
Committee note the finalisation of Stage One of the Byron Shire Aboriginal
Cultural Heritage Study. (Richardson/Lyon)
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18-018
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Resolved that
Council adopt the following Committee Recommendation:
Report
No. 4.4 Arakwal employment and procurement opportunities
File No: I2017/1752
Committee
Recommendation 4.4.1
That the Arakwal Memorandum of Understanding Advisory
Committee discuss key objectives for the development of an Indigenous
Employment Strategy to assist with the development and implementation of this
strategy. (Richardson/Lyon)
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18-019
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Resolved that Council adopt the following Committee Recommendation:
Report No. 4.5 Byron Shire Council
process to report to Arakwal Board
File No:
I2017/1753
Committee Recommendation 4.5.1
That the Arakwal Memorandum of
Understanding Advisory Committee provide input into the development of a
reporting and documentation framework for projects, as follows:
· Council
to receive notification of Arakwal Board meetings for 2018
· Council
to receive cut off dates for matters to go before the Board
· Monthly
meetings with Council staff and the Arakwal Corporation General Manager (at
alternating venues), with Arakwal Board members invited
· Action
list of current projects and their status to be provided monthly by Council
for Arakwal Board Meetings. (Richardson/Lyon)
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CONFIDENTIAL Reports - Corporate
and Community Services
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Report No. 16.1 Confidential - Tender 2017-0036
Trades Services Panel Recommendation
File No: I2017/1788
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18-020
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Resolved:
1. That
Council award Tender 2017-0036 Trades Services Panel to the following
tenderers:
· Coughran
Electrical (Electrical Services category)
· Curtis
Electrical (Electrical Services category)
· Stralis
Energy (Electrical Services category)
· Cape Byron
Plumbing (Plumbing Services category)
· Swift
Plumbing (Plumbing Services category)
2. 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. (Richardson/Lyon)
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CONFIDENTIAL Reports -
Infrastructure Services
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Report No. 16.3 Confidential - Tinderbox Road
Causeway No.1 Renewal
File No: I2017/1998
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18-021
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Resolved:
1. That
Council award Tender 2017-0059 Tinderbox Road Causeway No.1 Renewal to G&R
Brown and Sons.
2. 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.
3. That the proposed budget for 2017/18
be increased to $233,624, which is comprised of RMS funding of $162,685 and
Council revenue finding of $70,939. (Richardson/Lyon)
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Procedural
Motion
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18-022
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Resolved that
Council change the order of business to deal with Reports 9.1, 9.3, 13.2,
13.7, 13.10, 13.12, and 16.2 next on the Agenda. (Richardson/Lyon)
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. 9.1 Byron
Bay Paid Parking Scheme
File No: I2018/28
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Moved that Council:
1.
Allocate all future net revenue from the Byron
Bay Paid Parking Scheme to be spent on projects and works in Byron Bay. Net
revenue is to:
a) include meter revenue;
b)
exclude resident exemption fees and parking fines.
2.
Provide an updated account of the Byron Bay
Paid Parking Scheme on an ongoing basis through the Quarterly Budget Review
process. This is to identify all revenue and expenses allocated during the
previous quarter.
3. Create
a ‘dashboard barometer’ on the Byron Shire Council Paid Parking
webpage that identifies money raised through the Byron Bay Paid Parking
Scheme and how it has been allocated. (Spooner/Hackett)
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AMENDMENT
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18-023
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Resolved:
1. That
Council note:
i) the
commitment to ensure ‘at least 50%’ of paid parking revenue from
Byron Bay is committed to projects in Byron Bay has been met;
ii) Shire-wide
community support for paid parking is based on an equitable distribution of
revenue throughout the Shire to address impacts on infrastructure from
tourism.
2. That
Council affirm that 50% of all non-Crown paid parking revenue from Byron Bay
continue to be used to fund projects in Byron Bay.
3. That
the distribution of all paid parking revenue be reviewed should additional
paid parking schemes be implemented.
4. That
in order to provide information on the projects funded by revenue obtained
from paid parking, Council produce a paid parking information table on its
website that clearly displays: estimated revenue, particular projects,
estimated cost of project, actual cost of project, and completion status of
project. (Cameron/Richardson)
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Procedural
MotionS
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18-024
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Resolved that Cr Cameron be granted a two minute
extension to his speech. (Richardson/Coorey)
The motion was put to the vote and declared carried.
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18-025
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Resolved that Cr Richardson
be granted a one minute extension to his speech.
(Cameron/Hackett)
The motion was put to the vote and declared carried.
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The amendment (Cameron/Richardson) was put to the
vote and declared carried.
Crs Hackett and Spooner voted against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Hackett and Spooner voted against the motion.
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Notice of Motion No. 9.3 Resident
contribution for sealing Mafeking Road
File No: I2018/42
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18-026
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Resolved that Council:
1. Note the submissions and proposals to
contribute funds provided by residents regarding the sealing of Mafeking Road.
2. Provide in principle support for the
application of Council Policy 4.17 Contribution to the cost of sealing of
unsealed roads adjacent to properties at request of owners, for the
remaining 1.4 km of Mafeking Road.
3. Receive a report at the 22 February meeting:
a) detailing cost estimates for works involved
in sealing 1.4 km of Mafeking Road up to a 5 metre seal with essential only
reformation to achieve this width; and
b) identifying funding options. (Cameron/Richardson)
The motion was put to the vote and declared carried.
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Staff Reports – GENERAL
MANAGER
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Report No. 13.2 Effective
Community Engagement and Participative Decision Making
File No: I2017/2095
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18-027
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Resolved that Council:
1. Supports the establishment of a Community Solutions
Panel for Byron Shire Council area initially to inform the development of
Council’s Delivery Program (2018-2022) and Operational Plan
(2018-2019).
2. Notes a further report will be presented to the 22
February Ordinary Meeting to:
a) Outline the outcomes from the recent Community
Strategic Plan engagement
b) Outline the proposed engagement methodology moving
forwards, including the Community Solutions Panel
c) Endorse the draft Community Strategic Plan for
public exhibition
3. Conduct a review of the success of the Community
Solutions Panel model within three months of the adoption of the Delivery
Program (2018-2022) and Operational Plan (2018-2019) through the auspices of
the Communications Advisory Panel (with feedback from the consultant team)
who shall oversee the preparation of the evaluation criteria, and liaise with
staff in formulating a report to Council on the outcomes of the review and
advice as to future utilisation of this deliberative model.
4. Reviews the role and composition of established
Town Centre Master Plan Leadership/Guidance Groups so as to ensure that the
deliberative principles inherent in guiding the role and participants of the
Citizen Jury concept are consistently applied and adopted in Council’s
community engagement.
5. Offer Councillors IAP2 training during the 2017/18
financial year.
6. Review the Community Round Table and Business Round
Table including requesting feedback and suggestions from current members.
7. Affirms the principle that the community’s
best interests are served by good faith partnerships between community,
Councillors and staff. (Richardson/Lyon)
The motion was put to the vote and declared carried.
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Staff Reports - Corporate and
Community Services
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Report No. 13.7 Update
on Res 17-515 and BSC ats Gordon Highlands Pty Ltd
File No: I2018/14
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18-028
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Resolved:
1. That
no further action be taken in respect of Resolution 17-515.
2.
That after the s34 Conciliation Conference but before a s34 Conciliation
Agreement is entered the matter be reported to Council for consideration of
any proposed s34 Conciliation Agreement and for Council to provide
authorisation to the General Manager to enter a s34 Conciliation Agreement if
supported by a resolution of Council. (Cameron/Spooner)
The motion was put to the vote and declared carried.
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Procedural
Motions
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18-029
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Resolved that Council
change the order of business to allow for public access to be extended.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
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Matthew Hartley made a submission to Council regarding
holiday letting.
Staff Reports - Sustainable
Environment and Economy
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Report No. 13.10 Expression
of Interest - Assessment of Affordable Housing Proposal on Council and/or
Crown held land
File No: I2017/1765
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Moved:
1. That work progress
to confirm the feasibility of sites: Lot 7 DP 263974, Lot 90A DP 3747
and Lot 89 DP 755697, Federal for affordable housing and a further report
be presented to Council on the sites potential.
2. That
the EOI's received for other Council owned and/or Crown held land be noted.
(Spooner/Hackett)
AMENDMENT
Moved: That Council adopt the recommendations in Tables 1
& 2 of this report as follows:
1. That work
progress to confirm the feasibility of sites: Lot 7 DP 263974, Lot 90A DP
3747 and Lot 89 DP 755697, Federal for affordable housing and a further
report be presented to Council on the sites potential.
2. That
consideration of the EOI submission for Lot 12 DP 1189646, Bayshore Drive,
Byron Bay for affordable housing be deferred pending the outcome of the
specific EOI process for this site that commences in 2018.
3. That Lot 4 DP
841846, Mullumbimby, due to its possible use for affordable housing or
agricultural based residential outcomes, be added to the list of properties
to be discussed at the upcoming councillor workshop on other private parcels
of land submitted as part of the EOI process.
4. That consideration
of the EOI submission for Lot 188 DP 728535, Old Mullumbimby Hospital site
for affordable housing be deferred pending the outcome of Mullumbimby
Hospital Site Project Reference Groups findings in late 2018.
5. That
consideration of the EOI submission for Vallances Road Land, Mullumbimby for
affordable housing be deferred pending the outcome of item 2 of resolution
17-459 which is to initiate a Community consultation programme for the area
identified for possible Affordable Housing / Community Gardens / Eco tourism
/ Educational.
6. That
consideration of the EOI submission for Lot 22 DP 10731765Mullumbimby for
affordable housing be deferred for consideration in line with the rezoning of
the land.
7. That
consideration of the EOI submission for Lot 1 & 2 DP 573835 Old Suffolk
Park Sewerage Plant Broken Head Road for affordable housing be deferred
pending the outcome of the specific EOI process for this site that commences
in early 2018. (Richardson/Lyon)
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Procedural
Motion
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18-031
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Resolved that this matter rest on the table. (Richardson/Coorey)
The motion was put to the vote and declared carried.
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Report No. 13.12 Compliance
Priorities Program - 2018
File No: I2017/1793
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18-032
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Resolved:
1. That Council note the report.
2. That Council adopt the proposed
Compliance Priorities Program for 2018 as provided in Attachment 1
(E2017/108374) with the addition of 2 2.2(d) below:
2
2.2(d)Development without consent, or not in accordance with consent, of the
nature of Short Term Holiday Letting. (Coorey/Cameron)
The motion
was put to the vote and declared carried.
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confidential Reports - Corporate
and Community Services
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Report No. 16.2 Confidential - Tender Assessment -
Legal Services Contract 2017-0054
File No: I2018/25
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18-033
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Resolved:
1. That
Council hold a workshop on the matter of confidentiality and this particular
tender.
2. That
Council reconsider this matter at the next Ordinary Meeting on 22 February,
and in the meantime disclose all information able to be made publically
available (ie pages 548 and 549 to line 24 of the current agenda). (Lyon/Coorey)
The motion
was put to the vote and declared carried.
Cr Spooner
voted against the motion.
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Mayoral
Minute
There was no Mayoral Minute.
notice of motion
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Notice of Motion No. 9.2 Spelling
correction for Dening
File No: I2018/40
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18-034
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Resolved:
1. That
Council ensure the correct spelling of Dening in all signage, maps and
notices within the Byron Shire. Eg Dening Park is currently misspelt as
Denning Park.
2. That
historical societies across the Shire be invited to lodge any applications to
change spelling errors of historical significance. (Hackett/Richardson)
The motion was put to the vote and declared carried.
|
Petitions
1. Speed Limits and Signage on The Pocket Road
The Mayor tabled a petition containing 16 signatures which states:
‘…We, the undersigned, petition the Mayor and
Councillors of Byron Shire Council to:
·
Traffic travelling along this stretch of The Pocket Road
should be restricted to a speed of 60km/hr
·
Clearer signs should be placed along the Pocket Road to
indicate the intersections with Moffatts Road and Middle Pocket Road.
·
Traffic should be warned about the concealed driveways by
appropriate signs.’
|
18-035
|
Resolved that the petition be referred to the Local Traffic
Committee for consideration.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
Delegates'
Reports
1. Local Government NSW Tourism Conference 2018
Cr Richardson advised Council:
I have been asked to be on a panel, which will be part of an
urgency as well, at the Local Government Tourism Conference in Parkes. I was
lucky enough to drive and stay over night at Parkes and visit the big dish with
my family only a month ago. The panel is concerning holiday letting. So
I’m happy to provide a more thorough report on that after it concludes.
The meeting adjourned at 12.16pm for lunch and reconvened
at 1.18pm.
|
|
Procedural
Motion
|
|
18-036
|
Resolved that
Report No. 13.10 be lifted from the table. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.10 Expression
of Interest - Assessment of Affordable Housing Proposal on Council and/or
Crown held land
File No: I2017/1765
|
|
18-037
|
Resolved:
1. That work progress
to confirm the feasibility of sites: Lot 7 DP 263974, Lot 90A DP 3747
and Lot 89 DP 755697, Federal for affordable housing and a further report
be presented to Council on the sites potential.
2. That
the EOI's received for other Council owned and/or Crown held land be noted.
(Spooner/Hackett)
The motion was put to the vote and declared carried.
|
|
18-038
|
Resolved:
1 . That in relation to the Saddle Road EOI
sites a further report be presented to Council on their potential for
affordable housing against the Council endorsed assessment criteria and
methodology and any current Council resolutions pertaining to the land.
2. That a report on the
status of the Saddle Road Planning Proposal be completed and considered
by Council at the 22 February 2018 Council meeting. (Coorey/Richardson)
The motion was put to the vote and declared carried.
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Staff Reports - General Manager
|
|
Report No. 13.1 Cavanbah
Centre - Options for Future Development
File No: I2017/2094
|
|
18-039
|
Resolved:
1. That the report be noted.
2. That DWP Architects and Council’s Grants
Coordinator be invited to present concept plans for the proposed extensions
to the Cavanbah Centre to a Strategic Planning Workshop of Council in March
2018.
3. That following the SPW presentation the Cavanbah
Centre concept plans be placed on public exhibition and be exposed to
effective community consultation in accordance with a detailed community
engagement plan prepared by staff in conjunction with the Communications
Advisory Panel.
4. That in conjunction with the Cavanbah Centre concept
plans, concept plans for possible options for refurbishment or redesigns for
the Byron Bay Memorial Pool be also exhibited to ascertain community held
priorities or preferences.
5. That feasibility reports, including costs, be provided
for both sites to enable greater community understanding.
6. That the effective community consultation include
opportunities for feedback to indicate support for either or both as part of
a two stage process.
7. That Council receive a report on the
proposed plans for the further development of the Cavanbah Centre and
Memorial Pool following the community consultation period and that this
report include community feedback, any proposed design modifications, and a
detailed budget for the project.
8. That Council re-consider the lodgement of grant
applications for the further development of the Cavanbah Centre once it has
considered the report in 7. (Richardson/Spooner)
The motion was put to
the vote and declared carried.
Cr Cameron voted against
the motion.
|
|
|
Report No. 13.3 Byron
Recreation Grounds Plan of Management - Clarification of Process and
Rationale
File No: I2017/2096
|
|
18-040
|
Resolved that, given the information contained in this
report, Council:
1.
Note that the Version 1 (2015) was used as the basis for
preparation of the final draft PoM but that it contained draft content that
was inconsistent with Council Resolution 16-294.
2.
Identify the following stakeholders to be invited to a
workshop/s with Councillors under Part 4 of Resolution 17-693 as: current
user groups of the Recreation Grounds, the Byron Bay Community School and
Byron Bay Public School, representatives from the Event/Festivals Industry,
Byron Bay Community Centre and Community Service representatives,
representatives from local adjoining property owners, Byron Bay RSL and Feros
Aged Care, fitness industry representatives.
3. Confirm
that the draft Plan of Management will facilitate only those alternative
community or commercial uses that:
a) are
compatible both with the categorisation of the facility and the current
sporting uses at the Grounds; and
b) that
do not interfere with the scheduled use of the sporting fields nor degrade
fields or facilities utilised by sporting users.
4. Clarify
that:
a) as
required, any revised draft PoM, will have to be prepared having regard to feedback
from all previous and any new consultation;
b) the
“preferred document” status of the 2015 draft PoM stated in
Resolution 17-693 (Part 3) will need to be reviewed when Council next
considers this matter, so that Council’s discretion to consider all
community input is not fettered. (Richardson/Hackett)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.4 Planning
a new era for the Byron Arts and Industrial Estate
File No: I2018/12
|
|
18-041
|
Resolved that Council:
1. Note the report and acknowledge the current work
and projects under way that relate to the Byron Arts and Industrial Estate.
2. Acknowledge the need to prepare a comprehensive
precinct plan for the staged redevelopment and revitalisation of the Byron
Arts and Industrial Estate. The key objectives of the precinct plan to
include inter alia:
• provision of new
opportunities for economic growth and employment generation in the Byron Arts
and Industry Estate’ that capitalise on the creative industries there
• to enable the precinct
to receive a much needed “face lift” as well as improving access
and amenity and facilities for all users
3. Request staff in the Place Planning Team to
commence the preparation of a detailed project plan for the preparation of a
comprehensive precinct plan for the Byron Arts and Industrial Estate and
wider environs as per 2 above; and that the precinct plan is to include
consideration of the following: traffic and parking management, alternate
transport options including car share, park and ride, use of the rail
corridor, land use mix and density, place activation and beautification,
technology needs like NBN, identification of land which links key sites
including Cavanbah, Bayshore Drive railway station, future park and ride
sites and walking and pedestrian links. The project plan will outline the key
stages, milestones, stakeholders and a budget outline for the project.
4. Note that to inform the Byron Arts and Industrial
Estate project a viability and a feasibility assessment of Lot 12 Bayshore
Drive and the Council depot site for a range of uses to ensure any on or off
site impacts from the future redevelopment of these sites is taken into
account during this precinct planning process. The feasibility study is to be
included in the project plan.
5. Consider the project plan and costing at the April
council meeting, and that a budget allocation for the project be considered
as part of the in the 2018-19 budget process reported then.
(Richardson/Hackett)
The
motion was put to the vote and declared carried.
|
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.5 Section
355 Management Committee matters
File No: I2017/1805
|
|
18-042
|
Resolved:
1. That
Trudy Ashworth and Dianne Burke be appointed to the Brunswick Heads Memorial
Hall Management Committee.
2. That
the resignation from Denise Curran from the Ocean Shores Community Centre
Management Committee be accepted and that a letter of thanks be provided.
3. That
the South Golden Beach Community Centre name be changed to South Golden Beach
Hall for ease of use and to better reflect the hall’s role in the
community.
4. That
a report be prepared providing a strategic overview of our s355 management
committees including a review of current practices, membership and community
usage and options for future management. (Richardson/Lyon)
The motion
was put to the vote and declared carried.
|
|
|
Report No. 13.8 Joint
Organisation of Councils
File No: I2018/35
|
|
18-043
|
Resolved:
1. That
Council defer consideration of the report for the purposes of a Strategic
Planning Workshop (SPW) to receive details and implications of the proposed
legislative and governance framework for Joint Organisations and how it
might change decision making processes of Council in the future and in
particular, participation of the community, accountability and transparency
of decision making.
2. That
Council, following the SPW, receive a further report at the 22 February
meeting.
(Cameron/Richardson)
The motion
was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.13 Tourism
Management Plan 2008-2018 Acquittal
File No: I2017/1795
|
|
18-044
|
Resolved:
1. That
the report be noted.
2. A
Strategic Planning Workshop (SPW) be held for Councillors to identify key
issues and objectives of a new Tourism Management Plan.
3. That
integrated transport development as defined by Resolution 08-776 be a key
consideration for discussion and inclusion in a new Tourism Management Plan.
(Cameron/Hackett)
The motion
was put to the vote and declared carried.
|
|
|
Report No. 13.14 Report
of the Planning Review Committee Meeting held on 30 November, 2017
File No: I2017/1911
|
|
18-045
|
Resolved:
1. That
Council note the report.
2. That
staff prepare a memo for distribution to Councillors on DA 10.2017.510.1
- 137 Jonson Street Byron Bay to advise
on the status of the development application in terms of submissions
received, and any issues raised through the current assessment process, to
inform a Council submission to the JRPP. (Coorey/Cameron)
Cr
Richardson left the meeting at 2.15pm.
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
Cr Richardson returned to the meeting at 2.18pm.
|
The meeting adjourned at 2.18pm to open the Byron Shire
Reserve Trust Committee Meeting and reconvened at 2.20pm. Resolution
numbers 18-046 and 18-047 were used during that meeting.
Staff Reports - Infrastructure
Services
|
|
Report No. 13.20 Mullumbimby
Hospital site acquisition and site remediation
File No: I2017/1845
|
|
18-048
|
Resolved that Council:
1. Resolves
not to call tenders for demolition of the Mullumbimby Hospital site buildings
because:
a) significant
delays in demolition would result in a prolonged risk exposure to Council
from the ongoing management of the asbestos contaminated buildings
b) the
significant cost of repeating work already completed by NSW Health during the
planning stages of their proposed demolition project.
c)
the cost of calling tenders for asbestos removal is significant due to the
nature of the works and the planning and probity required for contractors to
prepare an accurate tender submission.
2. Under
the provisions of the Local Government Act Section 55(3)(i), enter into
direct negotiations with the demolition contractor previously appointed by
NSW Health to complete the demolition works.
3. Receive
a further report once those negotiations are complete and the project budget
figures are clarified. (Cameron/Martin)
The motion was put to the
vote and declared carried.
|
committee
Reports - Infrastructure Services
|
|
Report No. 14.2 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 21 December
2017
File No: I2017/2103
|
|
18-049
|
Resolved that Council
note the minutes of the Water, Waste and Sewer Advisory Committee Meeting
held on 21 December 2017. (Coorey/Richardson)
The motion was put to the
vote and declared carried.
|
|
18-050
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 Byron Shire
Effluent Management Strategy 2017-27 Comments for Discussion
File
No: I2017/1809
Committee Recommendation 4.1.1
That the Committee
have an extraordinary meeting to workshop the strategy in the first quarter
2018. (Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
18-051
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.2 Integrated Water
Cycle Management Plan 2017 Review
File No:
I2017/1810
Committee Recommendation 4.2.1
That the Committee have an
extraordinary meeting to workshop the Integrated Water Cycle Management Plan
2017 Review. (Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
18-052
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.3 Ocean Shores
Sewage Treatment Plant Exceedences - January 2017 to October 2017
File No:
I2017/1811
Committee Recommendation 4.3.1
That the Committee note the
report and for the next meeting Committee receive layout diagrams of the
shire’s 4 STPs indicating licensing and monitoring locations. (Coorey/Richardson)
The motion was put to the
vote and declared carried.
|
|
18-053
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report
No. 4.4 Byron Resource Recovery Master Plan
File No: I2017/1818
Committee Recommendation 4.4.1
That Council endorse the Byron
Resource Recovery Centre Master Plan and ensure that space for relocated tip
shop is sufficient for any growth that could occur in upcoming decades.
(Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
18-054
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.5 Mullumbimby Inflow
and Infiltration - History and Future
File No:
I2017/1820
Committee Recommendation 4.5.1
That Council commence a
Mullumbimby Sewerage System Inflow and Infiltration Programme as a part of
the sewer fund capital programme and that the Water, Waste and Sewer Advisory
Committee receive an update on each quarterly meeting. (Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
18-055
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.6 Byron Shire
Recycled Water Schemes - Murtagh Report Discussion
File No:
I2017/1959
Committee Recommendation 4.6.1
That the Committee note the
report. (Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
18-056
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.7 Odour Control
Actions
File No:
I2017/1964
Committee Recommendation 4.7.1
There was no Committee
recommendation for this report however, the Committee discussed the report and the Committee members provided comments and
questions that were discussed during an extraordinary meeting. (Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
18-057
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.8 Items For the
Committee Requested by Duncan Dey
File No:
I2017/1979
Committee Recommendation
4.8.1
That the Committee note the
report. (Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
18-058
|
Resolved that Council adopt the following Recommendation(s):
Report No. 4.9 Current and Future
Capacity of Bangalow STP - Response to Resolution 17-502
File No: I2017/2003
Committee
Recommendation 4.9.1
That in relation to the report
prepared under Resolution 17-502, Council should also consider at least the
following additional matters:
a) Estimates of sewer flow made by developers at time
of application are inherently low. The estimates of flow from this
development as it may stand in 10 years time should be made independently.
b) Satisfying the EPA licence requirements does not
equate to protecting the environment. There are now many more factors to be
consider for the impact on receiving environment. This include:
pharmaceuticals, viruses, medical and recreational drugs, hormone treatment,
etc.
c) If
STP upgrades are brought forward for a development then the extra cost of
bringing then forward should be passed on to the developer.
d) A
detailed risk assessment is needed of the pre-treatment system, including the
likely dynamics of its loading and effluent quality, and its potential
impacts on the performance of the Bangalow STP, and suitable mitigations
identified. (Coorey/Richardson)
The motion was put to the vote and declared carried.
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Confidential Reports – organisation development
|
|
Report No. 16.4 Confidential - General Manager
Recruitment
File No: I2018/9
|
|
18-059
|
Resolved that Council move into Committee. (Spooner/Richardson)
The motion was put to the vote and declared carried.
The
Executive Team left the chambers at 2.33pm.
|
|
18-060
|
Resolved:
1. That
pursuant to Section 10A(2)(d)i, (d)ii and (d)iii of the Local Government Act,
1993, Council resolve into Confidential Session to discuss the report General
Manager Recruitment.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it
b) information
that would, if disclosed, confer a commercial advantage on a competitor of
the council
c) information
that would, if disclosed, reveal a trade secret
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as it could prejudice the
commercial position of the company who supplied it. (Richardson/Spooner)
The motion was put to the vote and declared carried.
|
|
|
Procedural
Motion
|
|
18-061
|
Resolved that Council move out of Committee and resume
the Ordinary Meeting.
(Richardson/Hackett)
The motion was put to the vote and
declared carried.
|
|
18-062
|
Resolved:
1.
That Council evaluate, select and engage MacArthur
for the appointment of a new General Manager.
2. That the Mayor finalise this arrangement
and report to councillors; and
3.
That Council commence the recruitment process
for a new General Manager with MacArthur.
(Spooner/Richardson)
The motion was put to the vote and declared carried.
|
|
|
Procedural
Motion
|
|
18-063
|
Resolved that the meeting move out of confidential session.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
The Executive Team returned to the meeting at 3.00pm.
urgency motions
|
|
PROCEDURAL
MOTION
|
|
18-064
|
Resolved that Council consider the matter
of the rail corridor feasibility expression of interest. The urgency is
due to the clear intent within resolution 17-627 to place the Expression
of Interest on public expression as quickly as possible, the matter of
establishing and determining an internal working party to complete this task
is clear.
Crs Hackett and Spooner voted against the motion. (Cameron/Richardson)
The motion was put to the vote and declared carried.
|
The Mayor ruled the matter to be of great urgency.
|
|
Urgency
Motion No. 1. Matter of
Urgency - Rail Corridor Feasibility EoI
|
|
18-065
|
Resolved:
1. That Council establish an expert multi-discipline
working group to
deliver a revised brief suitable to meet Councillor's expectations.
2. The working group is to report a revised brief to the
22 March Ordinary Meeting of Council.
3. The internal working group is to be
overseen by Director Sustainable Environment and Economy and Director
lnfrastructure Services, and consist of Councillors, internal staff members
with expertise in economic development, place making/masterplanning, business
analysis and civil engineering, and an external social and economic impact
consultant expert.
The motion was put to
the vote and declared carried.
Cr Spooner voted against
the motion. (Richardson/Lyon)
The motion was put to
the vote and declared carried.
|
|
|
PROCEDURAL MOTION
|
|
18-066
|
Resolved
that
the matter of conferences be discussed as a matter of urgency. The
urgency being that due to the imminent dates, plans are required to be made
for registration, airfares and accommodation. (Richardson/Coorey)
The motion was put to the vote and declared carried.
|
|
|
Urgency Motion No.2 Councillor
Conference Attendance
|
|
18-067
|
Resolved:
1. That
Cr Richardson attend the LGNSW Tourism Conference in Parkes on 12-14 March
2018.
2. That
Cr Richardson attend the Australian Coastal Councils Conference to be held in
Geelong on 20-23 March 2018 (which includes pre-conference forum). (Richardson/Coorey)
The motion was put to the vote and declared carried.
|
|
|
PROCEDURAL
MOTION
|
|
18-068
|
Resolved
that
the matter of Development Application 10.201.661.1 be discussed as a matter
of urgency, the urgency being that the exhibition period closes in five days. (Lyon/Coorey)
The motion was put to the vote and declared carried.
|
The Mayor and Director Sustainable Environment
and Economy left the chambers at 3.24pm and the Deputy Mayor took the Chair.
|
|
Urgency Motion No.3 Development
Application 10.201.661.1
|
|
18-069
|
Resolved:
1. That Council prepare
a submission on the
Development Application 10.2017.661.1 - Various Properties.
2. That a Council staff member (not involved in the assessment of the
Development Application in point 1) be requested to finalise a submission on
behalf of Council objecting to the Development Application 10.2017.661.1 - Various Properties on
the following grounds:
a) i) Failure
to provide a buffer for residential lots from the boundary that adjoins the
Ewingsdale Road reserve (noting that any infrastructure associated with the
development should be provided on the applicant’s site)
ii) the proposed use of the road
reserve may impinge on the town’s future transport corridor needs
b) failure to provide landowners’ consent from the Crown and
Byron Shire Council for works within the drainage reserve lot and Council’s road reserve.
c) opposition
to the use of fill (1 million tonnes) on the site, noting that any structures
on the site should be raised above the existing ground level. Concerns
regarding the impact of the use of fill on the site and the impact on
the whole Belongil Creek catchment area, including the SEPP 14 wetlands
and adjoining neighbours properties and insufficient information to
enable an informed consideration of the location detail or truck movement
(including time frames) concerning the use and source of fill on the
site.
d) insufficient
information to enable an informed consideration of the traffic impacts
associated with the construction activities and resultant subdivision works
and development of the site
e) unacceptable increase in traffic
movements along Ewingsdale, noting that the estimated 14,000 additional daily
car movements is significantly higher than the originally estimated 6,000 at
the time the site’s State Significance status was considered and
increase total Ewingsdale road daily car usage to approximately 35,000.
f) unacceptable environmental impacts, including:
i) the clearing of 1.8
hectares of environmentally zoned land
ii) a failure to adequately
consider impacts on mapped Wetland areas, including a failure to
provide a required EIS for works in these areas.
iii) failure to meet the
requirements of the WB DCP for a whole of site ( as identified by the DCP) Koala
Management Plan
iv) unacceptable impacts on
koalas across the site; due to dealing with potential threats to connectivity
and inadequate buffers for core Koala habitat
v) failure
to adhere to the National Recovery Plan for the Wallum Sedge Frog and other
Wallum dependent frog species, and unacceptable risks
to the protection and enhancement of the existing Wallum froglet populations as a result of
significant disturbance of known habitat by prosed fill and stormwater works and insufficient buffers and
linkage along drain and watercourse lines; and,
vi)
unreasonable risk to the health of the Belongil estuary, due to: the extreme
difficulty in avoiding Acid Sulfate contamination, or impacts of any drainage
works and stormwater impacts
g) inconsistencies to the adjoining
Development Applications;
h) failure to take changes in
rainfall intensities due to climate change into account in identifying
Probable Maximum Flood Levels and designing stormwater management, including
failure to undertake sensitivity analyses for the range of potential changes
expected by the end of this century, and
i) any other issues that staff
identify in preparing the submission to the JRPP.
4. That the Council submission be finalised and submitted up to seven
days before any scheduled JRPP meeting on the Development Application. This submission to include any other
matters that may be pertinent to the consideration of the Development
Application by the JRPP in addition to those in point 2 above.
5. That Council confirm a staff representative and the following Crs
Coorey and Lyon to be registered to address the planning panel at the
scheduled meeting of the JRPP to express the views of Council.
6. That Council request the JRPP to hold a public briefing meeting
after the exhibition has ended, and invite any person who made a submission
to present, before the assessment report is finalised.
7.
That Council write to Ben Franklin MLC, Tamara
Smith MLA, Justine Elliot MP, Walt Secord MLC, Dawn Walker MLC and Gabrielle
Upton MP, outlining the resolution and request their support. (Lyon/Coorey)
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
|
There being no further business the meeting concluded at 3.31pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 22 February 2018.
….…………………………
Mayor Simon Richardson
