Ordinary Meeting
Minutes
24 May 2018
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 24 May 2018
COMMENCING AT 9.04AM
AND CONCLUDING AT 6.07PM
I2018/901
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (Acting General Manager)
James
Brickley (Acting 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:
13.9 PLANNING
- State Environmental Planning Policy No. 1 - Variations to development
standards - 1 October 2017 to 31 December 2017
John Anderson addressed Council against the
recommendation.
13.14 Update
- Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads
John Dunn and Patricia Warren(Brunswick Heads Progress
Association) addressed Council against the recommendation.
13.15 PLANNING
- Development Application 10.2017.460.1 - Utility Installation:
Telecommunication Tower at 54 Jones Road Wooyung
Gary Bruce Opit addressed Council against the
recommendation.
13.16 PLANNING
- Submissions Report - 26.2017.5.1 - Planning Proposal to activate the Rail
Corridor in Byron Town Centre
Vivien Royston (Rainbow Region Stallholders Association) addressed
Council against the recommendation.
13.18 Clarkes
Beach Stormwater and Gully Rehabilitation Works - update
Mary Gardner addressed Council against the
recommendation.
13.19 Mullumbimby
Leagues Club Amenities Facility Section 64 Contribution
Barry Stenner (Mullumbimby Leagues Club) addressed
Council against the recommendation.
13.22 Tweed
Street Master Plan Status Update
Sean O’Meara (Brunswick Heads Progress Association)
addressed Council in favour of the recommendation.
Kim Rosen (Tweed Street Taskforce) addressed Council
against the recommendation.
16.1 General
Manager Recruitment
John Anderson addressed Council regarding the report.
Submission
No. 1 Water-sensitive urban design
Matthew Lambourne made a submission to Council regarding drainage
and tree canopies at Marshall’s Creek.
Question
No. 1 Brunswick Valley Sewerage
Treatment Plant
Patricia Warren tabled the following question:
What were the design parameters for the successful
tender/contract for the construction of the Brunswick Valley Sewerage Treatment
Plant with specific reference to:
a) Average
Dry Weather Flow (ADWF) in ML/day and how was this determined
b) Design
Capacity
(i) ADWF
in ML/day
(ii) buffer
in ML/day above ADWF and how was this determined and for what
purpose
(iii) total
design capacity in ML/day
c) hydraulic
design capacity in volume and velocity (litres/sec) at the head of
the plant?
The Mayor took the question on notice.
Question
No. 2 Potholes
Matthew Lambourne asked the following question: 10.34
RECORDING
If a pothole 1 metre long by 1.8 metre wide across the
middle of a 4.8m seal is not big enough to be repaired by Council, how much
longer does it need to get before Council will repair it?
The Mayor took the question on notice.
Notice of
Motion 9.4 Esplanade Laneway, New Brighton
Richard Blakey (Representing Esplanade Lane residents)
addressed Council in favour of the recommendation.
Question
No. 3 Report 13.9
John Anderson asked the following question:
Could either Shannon Burt or Ralph James please provide:
a) An
explanation of item 13.9 of today’s agenda in terms of what is meant by
“Strict compliance with the provisions of Clause 4.6 will result in no
change to the built form on the site and will merely prevent the sale of
individual dwellings on the allotment”
b) A
legal precedent for allowing variations to development standards far greater
than 10% (ie decisions made on upheld by the Land and Environment Court).
c) Some
clue as to the identity of the author of report 13.9.
The Director Sustainable Environment and Economy
took the question on notice.
The meeting adjourned at 10.42am and reconvened at 11.13am.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a non-pecuniary interest in Report 13.16.
The nature of the interest being that he is involved in managing markets in
Byron Bay. Cr Spooner elected to remain in the Chamber and will
participate in discussion and the vote.
Acting General Manager, Mark Arnold, declared a pecuniary
interest in Report 16.1. The nature of the interest being that he is an
applicant for the position. Mr Arnold elected to leave the Chamber.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
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18-289
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Resolved that
the minutes of the following meetings be confirmed:
· Ordinary
Meeting held 19 April 2018
· Extraordinary
Meeting held 17 May 2018 (Hunter/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
Corporate and Community Services
Report No. 13.1 Council
Resolutions Quarterly Review - 1 January 2018 to 31 March 2018
Report No. 13.2 Proposed
Rural Fire Service Relocation to Cook Pioneer Centre
Report No. 13.3 Section
355 Management Committee matters
Report No. 13.4 LGNSW
Regional Summit
Report No. 13.8 Poker
Machine Policy investigation
Sustainable Environment and Economy
Report No. 13.12 PLANNING -
Development Application 10.2017.280.1 Development Application for Alterations
and Additions to existing building including, construction of basement car
park, Restaurant at ground level (including cellar bar and sandwich bar), and
two self contained Motel or Hotel Accommodation units at first floor level at
32-34 Byron Street Bangalow
Report No. 13.14 Update
- Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads
Report No. 13.15 PLANNING -
Development Application 10.2017.460.1 - Utility Installation: Telecommunication
Tower at 54 Jones Road Wooyung
Report No. 13.17 New
legislative provisions relating to the Joint
Regional Planning Panels and Sydney Planning Panels
Infrastructure Services
Report No. 13.18 Clarkes Beach
Stormwater and Gully Rehabilitation Works - update
Report No. 13.19 Mullumbimby
Leagues Club Amenities Facility Section 64 Contribution
Report No. 13.24 Recycled
Water Irrigation Projects Byron Bay
Confidential Reports
Corporate and Community Services
Report No. 16.2 Confidential - Byron Shire Council
purchase from Health Administration Corporation
Sustainable Environment and Economy
Infrastructure Services
Report No. 16.4 Confidential - 2017-0042 - Bus Shelter
Tender - Award of Tender
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Cameron. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 18-290 and concluding
with Resolution No. 18-306.
Note: This list was updated at Resolution 18-308 to
include Report 16.1 in Reservation of Items for Debate.
Submissions
and Grants
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Report No. 11.1 Byron
Shire Council Grants and Submissions as at 7 May 2018
File No: I2018/843
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18-290
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Resolved that Council
note the report and attachments #E2018/38160 and #E2018/38131.
(Richardson/Cameron)
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Staff
Reports - Corporate and Community Services
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Report No. 13.5 Minutes
of Public Art Panel meeting held 26 April 2018
File No: I2018/799
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18-291
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Resolved:
1. That Council:
a) Note
the success of the Stone & Wood Bike Rack project which proved to be an
excellent collaborative effort between Council and Stone & Wood resulting
in a benefit to the Byron Shire community
b) Approve
the donation of ‘Happy Hoops’, the winning design, in four
locations in Byron Bay as public art sculptural bike racks
c) Note
Council is responsible for the installation of the pieces from the
‘Byron Streetscapes Renewal’ budget and the ongoing maintenance
of them as for any public art piece owned by Council
2. That Council:
a) Hold
a Public Art Panel extra-ordinary meeting from 3.30pm 15 May to enable the
discussion of submissions to the draft Public Art Strategy. Note submissions
close 30 April
b) Carry
forward remaining unspent funds in the public art budget for 2017/18 to the
2018/19 financial year. This meets a recommendation of the draft Public Art
Strategy to ‘pool funds’ to create a realistic public art budget
for future commissions for quality public art
c) Note
that a sub-committee of the following selected Public Art Panel members will
work with staff to progress the commissioning of a public artwork for the
Bayshore Drive Roundabout public art project: Lisa Hochhauser, Matthew Baird,
and Julie Lipsett (Denise Napier alternate). Note Crs Ndiaye and Hackett will
attend where possible
3. That
Council:
a) Adopt
the draft Memorandum of Understanding between Council and Creative
Mullumbimby
b) Note
the Public Art Panel members selected to work with Creative Mullumbimby as
outlined in the draft MOU are Cr Ndiaye (Cr Hackett alternate), Peter Wood
and Denise Napier
c) Authorises
the Manager Community Development to sign the MOU on behalf of Council. (Richardson/Cameron)
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Report No. 13.6 Investments
April 2018
File No: I2018/812
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18-292
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Resolved that the
report listing Council’s investments and overall cash position as at 30
April 2018 be noted. (Richardson/Cameron)
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Report No. 13.7 Budget
Review 1 January 2018 to 31 March 2018
File No: I2018/829
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18-293
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Resolved:
1. That
Council authorise the itemised budget variations as shown in Attachment 2
(#E2018/39650) which includes the following results in the 31 March 2018
Quarterly Review of the 2017/2018 Budget:
a) General
Fund – $256,900 increase to the Estimated Unrestricted Cash Result
b) General
Fund – $1,734,800 increase in reserves
c) Water
Fund – $1,195,100 increase in reserves
d) Sewerage
Fund – $2,930,600 increase in reserves
2. That
Council adopt the revised General Fund Estimated Unrestricted Cash Result of
$1,145,200 for the 2017/2018 financial year as at 31 March 2018. (Richardson/Cameron)
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.9 PLANNING
- State Environmental Planning Policy No. 1 - Variations to development
standards - 1 October 2017 to 31 December 2017
File No: I2018/460
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18-294
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Resolved that Council note the report.
(Richardson/Cameron)
The motion was put
to the vote and declared carried.
Crs Coorey,
Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted
in favour of the motion.
No Councillors
voted against the motion
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Report No. 13.10 Minutes
of the Heritage Panel Meeting 29 March 2018
File No: I2018/633
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18-295
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Resolved:
1. That
Council note the minutes of the Heritage Panel meeting held 29 March 2018
whereby the Report 4.1 Update on Heritage Matters was considered; and
2. That
Council adopt the following Panel recommendations:
Local Places Grants
a) That
the report be noted on the Local Places heritage grants, and the Panel have
been advised that the next round of grants will be advertised shortly.
Review of
HAC Areas in Byron Bay
b) That Council note that a review of
the Heritage Conservation Areas in Byron Bay Resolution (17-665) is dependent
on future funding.
c) That Council notes and supports the
draft Heritage Fact sheets to be included as part of Council’s heritage
information resources.
Review Heritage Study
d) That the Heritage Panel receive a
report on funding options to review the heritage study, DCP and LEP.
Heritage Promotion
e) That staff consider the following
actions as a way to promote heritage during heritage week 2018 as follows:
·
A media release promoting heritage
·
Stories in local newspapers engagement with historical
societies.
·
Heritage displays in Council’s foyer
Saddle Road
f) That the Panel notes the
significance of the Saddle Road/McAuleys Lane, Myocum Road precinct and
recommends it for inclusion in a future review of the Heritage Study and LEP
including Aboriginal and European Heritage; and
g) Invite
Council’s Heritage Advisor to the next Heritage Panel meeting.
(Richardson/Cameron)
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Report No. 13.11 Report
of the Planning Review Committee Meeting held on 12 April, 2018
File No: I2018/673
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18-296
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Resolved that Council
note the report. (Richardson/Cameron)
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Report No. 13.13 Final
Bangalow and Mullumbimby Movement Strategies - for incorporation into
Bangalow and Mullumbimby Place Plans
File No: I2018/689
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18-297
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Resolved:
1. That
Council note the final strategies and actions of the Bangalow Movement
Strategy including Implementation Plan in Attachment 1 (E2018/38669) will be
incorporated into the Bangalow Village Plan.
2. That
Council note the final strategies and actions of the Mullumbimby Movement
Strategy including Implementation Plan in Attachment 2 (E2018/38573) will be
incorporated into the Our Mullumbimby Masterplan.
3. That
Council note projects that are currently being implemented by Council that
align with the actions of both the Bangalow and Mullumbimby Movement
Strategies.
(Richardson/Cameron)
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Report No. 13.16 PLANNING
- Submissions Report - 26.2017.5.1 - Planning Proposal to activate the Rail
Corridor in Byron Town Centre
File No: I2018/834
In
accordance with Cr Spooner’s earlier declared non-pecuniary interest in
this matter, he remained in the Chamber and participated in the vote.
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18-298
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Resolved that Council:
1. Forward
the revised planning proposal (Attachment 1) to the NSW Department of
Planning and Environment to advise of the re-exhibition.
2. Agree
that staff can proceed to public exhibition of the planning proposal and
government agency consultation, based on any subsequent advice from the NSW
Department of Planning and Environment, and report back to Council as part of
post-exhibition reporting.
(Richardson/Cameron)
The motion was put
to the vote and declared carried.
Crs Coorey,
Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted
in favour of the motion.
No Councillors
voted against the motion.
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Staff Reports - Infrastructure
Services
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Report No. 13.20 Grays
Lane Upgrade Status Update
File No: I2018/814
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18-299
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Resolved:
1. That
Council note the planning work to date on the Grays Lane Upgrade project.
2. That
Staff report back to Council at its meeting on 14 August 2018 with the
results of consultation with residents and the Minister for the Environment. (Richardson/Cameron)
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Report No. 13.21 Compulsory
acquisition Lot 11 in DP 1239057 Main Arm proposed extension to Main Arm
Rural Fire Brigade Station
File No: I2018/825
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18-300
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Resolved:
1. That
Council make an application to the Minister and the Governor for approval to
acquire land described as Lot 11 in DP 1239057
(Attachment 2 E2018/40602) by compulsory process under section 186(1) of the Local
Government Act 1993 for the purpose of emergency services, namely, extending
the Main Arm Rural Fire Brigade Station in
accordance with the requirements of the Land Acquisition (Just Terms
Compensation) Act 1991.
2. That
the land be classified as Community Land categorised as General Community
Use.
(Richardson/Cameron)
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Report No. 13.23 Brunswick
Valley Sustainability Centre Reforestation Project
File No: I2018/836
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18-301
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Resolved that Council:
1. Approve
the Byron Bay Reforestation Project to use a section of the old nursery on
the Brunswick Valley Sustainability Centre to prepare plantings for
rehabilitation of the degraded big scrub areas nominated in the Management
Plan for the site; and
2. Allocate
$50,000 from the Sewer Fund to undertake maintenance work on the nursery site
and $25,000 to match grant funding applications. (Richardson/Cameron)
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COMMITTEE Reports - Sustainable
Environment and Economy
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Report No. 14.1 Report
of the Sustainability and Emissions Reduction Advisory Committee Meeting held
on 26 April 2018
File No: I2018/809
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18-302
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Resolved that Council note the minutes of the Sustainability
and Emissions Reduction Advisory Committee Meeting held on 26 April 2018.
(Richardson/Cameron)
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Report No. 14.2 Report
of the Biodiversity Advisory Committee Meeting held on 30 April 2018
File No: I2018/833
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18-303
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Resolved that Council note the minutes of the Biodiversity
Advisory Committee Meeting held on 30 April 2018. (Richardson/Cameron)
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committee Reports - Infrastructure
Services
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Report No. 14.3 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 20
April 2018
File No: I2018/815
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18-304
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Resolved that Council note the minutes of the extraordinary
Transport and Infrastructure Advisory Committee Meeting held on 20 April 2018.
(Richardson/Cameron)
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18-305
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Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.1 Development of a Shire-wide Transport Strategy
File No: I2018/685
Committee
Recommendation 4.1.1
That Council note that the
Committee develop recommendations to Council for the following sections of a
Shire-wide Transport Strategy:
· Scope
and context
· Vision
· Principles
· Issues
and challenges
· Targets
and desired outcomes
· Key
actions to achieve objectives
· Community
and stakeholder engagement (Richardson/Cameron)
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CONFIDENTIAL Reports - Sustainable
Environment and Economy
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Report No. 16.3 Confidential - Expression of Interest
2018-0018 - Multi Use of Byron Shire Rail Corridor
File No: I2018/808
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18-306
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Resolved that Council short-list the following proponents to
participate in the selective request for tender process:
a) Arcadis;
b) Caldis
Cook Group; and
c) Plateway.
(Richardson/Cameron)
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Procedural
Motion
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18-307
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Resolved that
Council change the order of business to deal with items 13.22, 13.12, 13.15,
13.18, 13.19, 13.14 (after lunch) next on the Agenda. (Richardson/Lyon)
The motion was put to the vote and declared carried.
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Staff Reports - Infrastructure
Services
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Report No. 13.22 Tweed
Street Master Plan Status Update
File No: I2018/826
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Moved:
1.
That Council notes the current status of the Tweed Street
Master Plan project in the associated report.
2.
That Council proceeds with smaller
projects in the short term, such as pocket parks, landscaping and formalised
parking and traffic lanes, prior to further community consultation and input
into the Brunswick Heads Masterplan, Movement and Access strategy.
3. That Council Staff formally provide the necessary finance
information on what can be further achieved in the draft 2019 FY budget and
present it to the June budget meeting.
(Hunter/Spooner)
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AMENDMENT
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18-308
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Resolved:
1. That
Council note the current status of the Tweed Street Master Plan project.
2.
That Council proceeds with smaller
projects in Tweed Street in the short term, such as pocket parks and
landscaping utilising existing budgets where available and possible funding
sources (to be brought to the Extraordinary meeting on 28 June).
3. That
the Tweed Street Master Plan as a stand-alone project be put on hold until
the Brunswick Heads Master Plan and associated Access and Movement Strategy
have been developed, noting that the works undertaken and plans developed for
the Tweed Street Master Plan will be supplied as supporting information to
the consultant tasked with preparing the Brunswick Heads Master Plan and
associated Access and Movement Strategy.
(Richardson/Cameron)
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The amendment was put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the motion.
Reservation of Items for Debate and
Order of Business
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Procedural
MotionS
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18-309
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Resolved that Council recommit the vote on the reservation
of items for debate to remove 16.1 from the block vote. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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18-310
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Resolved that
the following items be reserved for debate:
Staff
Reports
Corporate and Community Services
Report No.
13.1 Council Resolutions Quarterly Review
- 1 January 2018 to 31 March 2018
Report No.
13.2 Proposed Rural Fire Service
Relocation to Cook Pioneer Centre
Report No.
13.3 Section 355 Management Committee
matters
Report No.
13.4 LGNSW Regional Summit
Report No.
13.8 Poker Machine Policy investigation
Sustainable Environment and Economy
Report No.
13.12 PLANNING - Development Application
10.2017.280.1 Development Application for Alterations and Additions to
existing building including, construction of basement car park, Restaurant at
ground level (including cellar bar and sandwich bar), and two self contained
Motel or Hotel Accommodation units at first floor level at 32-34 Byron Street
Bangalow
Report No.
13.14 Update - Resolution 18-266 The Terrace Reserve
Holiday Park, Brunswick Heads
Report No.
13.15 PLANNING - Development Application
10.2017.460.1 - Utility Installation: Telecommunication Tower at 54 Jones Road
Wooyung
Report No.
13.17 New legislative provisions relating to the
Joint
Regional Planning Panels and Sydney Planning Panels
Infrastructure Services
Report No.
13.18 Clarkes Beach Stormwater and Gully
Rehabilitation Works - update
Report No.
13.19 Mullumbimby Leagues Club Amenities Facility
Section 64 Contribution
Report No.
13.22 Tweed Street Master Plan Status Update
Report No.
13.24 Recycled Water Irrigation Projects Byron Bay
Confidential
Reports
General Manager
Report No.
16.1 Confidential
- General Manager Recruitment
Corporate and Community Services
Report No.
16.2 Confidential
- Byron Shire Council purchase from Health Administration Corporation
Infrastructure Services
Report No.
16.1 General Manager Recruitment
Report No.
16.4 Confidential
- 2017-0042 - Bus Shelter Tender - Award of Tender
(Richardson/Cameron)
The motion was put to the vote and declared carried.
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.12 PLANNING
- Development Application 10.2017.280.1 Development Application for
Alterations and Additions to existing building including, construction of
basement car park, Restaurant at ground level (including cellar bar and
sandwich bar), and two self contained Motel or Hotel Accommodation units at
first floor level at 32-34 Byron Street Bangalow
File No: I2018/681
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Moved: That Council defer
consideration for one meeting and that prior to the meeting Council seeks
concurrence from the applicants on providing a new VPA that provides for non
carparking outcomes. (Richardson/Lyon)
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Procedural
Motion
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18-311
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Resolved that
this matter rest on the table. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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Report No. 13.15 PLANNING
- Development Application 10.2017.460.1 - Utility Installation:
Telecommunication Tower at 54 Jones Road Wooyung
File No: I2018/813
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Moved that
pursuant to Section 80 of the Environmental
Planning and Assessment Act 1979, development application no.
10.2017.460.1 for a Utility Installation: Telecommunication Tower, be refused
for the following reasons:
a) Pursuant to Section 79C (1)(a)(i) of the
Environmental Planning and Assessment Act 1979, the proposed development does
not comply with Clause 4.3 Height of Buildings under Byron Local
Environmental Plan 2014.
b) Pursuant to the provisions of Section 79C (1)(b))
of the Environmental Planning and Assessment Act 1979, the phone tower will
have an adverse impact on the built and visual amenity of the locality and
the natural environment.
c) Pursuant to the provisions of Section 79C (1)(c))
of the Environmental Planning and Assessment Act 1979, the site is not
considered suitable for the development as proposed, as there are other
alternative sites for the phone tower.
d) Pursuant to the provisions of Section 79C (1)(e) of the
Environmental Planning and Assessment Act 1979, approval of the development
is not in the public interest. (Cameron/Coorey)
The motion was put
to the vote and declared lost.
Crs Coorey,
Ndiaye, Cameron and Hackett voted in favour of the motion.
Crs Martin, Lyon,
Richardson, Spooner and Hunter voted against the motion.
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Procedural
Motion
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18-312
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Resolved that Cr Cameron be granted a two minute
extension to his speech.
(Ndiaye/Richardson)
The motion was put to the vote and declared carried.
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18-313
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Resolved that pursuant
to Section 80 of the Environmental Planning and Assessment Act 1979, development
application no. 10.2017.460.1 for a Utility Installation: Telecommunication
Tower, be granted consent subject to conditions listed in Attachment 4
#E2018/30097. (Hunter/Spooner)
The motion was put
to the vote and declared carried.
Crs Martin, Lyon,
Richardson, Spooner and Hunter voted in favour of the motion.
Crs Coorey, Ndiaye, Cameron and Hackett voted against
the motion.
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Staff Reports - Infrastructure
Services
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Report No. 13.19 Mullumbimby
Leagues Club Amenities Facility Section 64 Contribution
File No: I2018/802
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Moved:
1. That Council levy current s64 contributions due to
be paid by the Mullumbimby Rugby Leagues Club for Development Application
10.2016.125.1, at a rate over a 10 year period.
2. That in order to aid the implementation of point 1
Council considers the utilisation of the re-use water system to offset the
cost.
3. That
Council consider opportunities to utilise Council’s re-use water system
and provide a report on the wider opportunities for supporting not-for-profit
groups and their contribution requirements. (Hunter/Ndiaye)
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Procedural
Motion
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18-314
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Resolved that
Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Coorey)
The motion was put to the vote and declared carried.
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AMENDMENT
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18-315
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Resolved:
1. That
Council defer consideration of applying or waiving s64 contributions due to
be paid by the Mullumbimby Rugby Leagues Club for Development Application
10.2016.125.1.
2. That
prior to final consideration a report be brought to Council outlining
opportunities to utilise Council’s re-use water system and a report
that considers the wider opportunities for supporting not-for-profit groups
and their contribution requirements. (Richardson/Coorey)
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Procedural
Motion
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18-316
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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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The amendment was put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the motion.
The meeting adjourned at 1.42pm for lunch and reconvened
at 2.33pm following the Byron Shire Reserve Trust Committee Meeting. Resolution
Numbers 18-317 to 18-319 were used during that meeting.
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Procedural
Motion
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18-320
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Resolved that
Report No. 13.12 be lifted from the table. (Richardson/Coorey)
The motion was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.12 PLANNING
- Development Application 10.2017.280.1 Development Application for
Alterations and Additions to existing building including, construction of
basement car park, Restaurant at ground level (including cellar bar and
sandwich bar), and two self contained Motel or Hotel Accommodation units at
first floor level at 32-34 Byron Street Bangalow
File No: I2018/681
Continued
|
|
18-321
|
Resolved:
1. That
pursuant to Section 80 of the Environmental Planning & Assessment Act
1979, Development Application No. 10.2017.280.1 for Alterations and Additions
to existing building including, construction of basement car park, Restaurant
at ground level (including cellar bar and sandwich bar) and two self
contained Hotel or Motel Accommodation units at first floor level, be granted
consent subject to the conditions in updated Attachment 3 (E2018/38603).
2. That Council grant delegations to the General Manager
to enter into a planning agreement for the developer to pay a monetary
contribution of $52,864 for transport infrastructure upgrades including
bicycle facilities and general local footpath pavement upgrades within
Bangalow.
3. Council accepts the variation to the parking provisions
of Development Control Plan 2014 on the basis of resolution 18-115 to amend
the DCP in the town centres. (Richardson/Lyon)
The motion was put to the vote and declared carried.
|
Staff
Reports - Infrastructure Services
|
|
Report No. 13.18 Clarkes
Beach Stormwater and Gully Rehabilitation Works - update
File No: I2018/669
|
|
18-322
|
Resolved:
1. That
a further report be presented to Council regarding the Clarkes Beach
Stormwater and Gully Rehabilitation Works once a final design has been agreed
to between stakeholders.
2. That
required funding in future years be considered when the matter is reported to
Council to redirect flows from Lighthouse Road away from the Clarkes Beach
Holiday Park eastern outlet and to the main Clarkes Beach outlet.
3. That within the report, it be reiterated
that Byron Shire Council is committed to water sensitive urban design
practices and, the Byron Bay Town Centre Masterplan recommendation for a
wetland and retention pond between the Byron recreation grounds and Lawson Street
should be considered when designing the flow redirection route.
4. That Council recognises and acknowledges
the ongoing and effective work in the area being considered by the Clean and
Green Awareness Team and request they, the Coastal Catchment Panel and Water
Places Group, are invited to participate in any further stakeholder
discussions and presentations.
5. That staff draft plans as soon as
possible for diversion from Lighthouse Road of the flow of stormwater and
explore potential funding/grant opportunities. (Ndiaye/Richardson)
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|
|
Procedural
Motion
|
|
18-323
|
Resolved that Cr Ndiaye be granted a two minute
extension to her speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
The motion (Ndiaye/Richardson) was put to the vote and
declared carried.
|
|
Procedural
Motion
|
|
18-324
|
Resolved that
Council change the order of business to deal with Report 13.14 next on the
Agenda. (Ndiaye/Richardson)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.14 Update
- Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads
File No: I2018/797
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|
18-325
|
Resolved that Council:
1. Note
the report.
2. That Council note that Resolution 17-523 is
still live and reiterates the positions outlined therein.
3. Acknowledge
recent community submissions made about the Coastal Cypress Pines, and, need
for the issues raised in these, to be addressed by Reflections Holiday Parks
in a formal response to Council.
4. (a) Request Reflections Holiday Parks to submit
a Biodiversity Development Assessment Report in accordance with the
Biodiversity Assessment Method under the Biodiversity Conservation Act 2016
to inform the current Approval to Operate application for The Terrace Holiday
Park.
(b) This report is to address
the biodiversity impacts of the activity/s proposed on site, and is to
determine which approval pathway (development consent, native
vegetation clearing approval or permit) applies in the circumstances to the
site activity/s proposed.
5. Receive
a further staff report on the Approval to Operate for The Terrace Holiday
Park once items 3 and 4 above are received.
6. Notify the Minister for the Environment, The
Hon Gabrielle Upton and Minister for the Crown Lands, The Hon Paul Toole,
Tamara Smith MP and Ben Franklin MLC of the resolution of Council and Council’s
intention to support the ongoing protection and rehabilitation of the EEC of
Cypress Pines. (Ndiaye/Coorey)
The motion was put to the vote and declared carried.
|
Mayoral
Minute
There was no Mayoral Minute.
Notices of Motion
|
|
Notice of Motion No. 9.1 Letter
to Coastal Panel regarding Development Applications for Belongil Beach
File No: I2018/861
|
|
18-326
|
Resolved:
1. That
Council acknowledge that formal submissions have been made by Council
regarding the following Development Applications to the Coastal Panel:
·
Development Application number: CP 17 006
·
Development Application number: CP 17 007
·
Development Application number: CP 17 008
·
Development Application number: CP 17 009
·
Development Application number: CP 17 010
2. That,
additional to the submissions, the Mayor and Councillors additionally send a
letter to the Coastal Panel expressing the following:
a)
the high level of community concern around this
issue;
b)
concern at the paucity of advertising for the
Development Application, the difficulty of finding the advertisement in
the local paper, and the brevity of the exhibition period;
c)
the difficulty of finding the DAs on the Coastal
Panel website;
d)
that Council’s position for
many years with respect to the Belongil Spit area, supported by community and
court precedents, has been for the policy of ‘planned retreat’.
(Coorey/Richardson)
The motion was put to the vote and declared carried.
Cr Hunter voted
against the motion.
|
|
|
Notice of Motion No. 9.2 Increasing
Newstart to Reduce Pressure on Council Community Services
File No: I2018/849
|
|
18-327
|
Resolved that Council:
1. Publicly advocate to
the relevant Federal Government ministers for the Newstart Allowance to be
increased from the current rate of $269, by at least $80 per week.
2. That copies of the
letter be sent to all NSW Federal MHRs and Senators. (Ndiaye/Cameron)
The motion was put to the vote and declared carried.
Cr Hunter voted
against the motion.
|
|
|
Notice of Motion No. 9.3 Lone
Goat Gallery s355 Committee Membership
File No: I2018/851
|
|
18-328
|
Resolved that Council advertise for the appointment of
three visual arts representative members to The Lone Goat Gallery Board (355
Committee), to ensure a balanced representation and a diversity of skills on
the governing management committee. (Hackett/Cameron)
The motion was put to the vote and declared carried.
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|
|
Notice of Motion No. 9.4 Esplanade
Laneway, New Brighton
File No: I2018/855
|
|
|
Moved:
1. That
Council consider in the 2018-2019 budget process, works to address the 4 main
issues presently at play in the Esplanade Laneway, New Brighton in
particular:
a) Reconstruct
the street surface with a full width of asphalt to accommodate short term
parking if possible, allowing single vehicle access for emergency and garbage
collection vehicles and address the drainage issues;
b) Provide
local residential traffic unimpeded access into and out of their property;
c) Provide
relevant signage limiting parking hours, no parking in driveways, no camping
and no dumping of rubbish and green waste in addition to those identified in
Res 18-090; and
d) Repair
and improve dune fencing to prevent pedestrian trespassing and unapproved
access over the dunes to the beach.
2. That
Council expedite the installation of regulatory signage as per Res 18-090.
(Hunter/Spooner)
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AMENDMENT
|
18-329
|
Resolved that Council
expedite the installation of regulatory signage as per Res 18-090 and if the
current budget is exhausted the 2018-2019 budget is used and signs installed
in the 1st quarter of 2018-2019 financial year. (Richardson/Cameron)
|
The amendment was put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the motion.
|
|
Notice of Motion No. 9.5 Clay
Heath Restoration Project Stakeholder Concerns
File No: I2018/856
|
|
18-330
|
Resolved:
1. That Council:
a) Notes
some community concerns regarding tree removal on Council owned land and
Arakwal National Park land as part of the Clay Heath Restoration
Project;
b) Notes
that the park is under management of the Arakwal and that any
concerns on that land must be addressed to them via NPWS;
c) Invites
concerned residents to a meeting to discuss issues pertaining to the Council
land, and
2. That the
stakeholder meeting takes place within a month of this meeting. (Coorey/Lyon)
The
motion was put to the vote and declared carried.
Crs Richardson, Spooner and Hunter voted
against the motion.
|
Petitions
There were no petitions.
Delegates'
Reports
1. Byron Bay Liquor Accord AGM
Cr Spooner advised Council:
Yesterday he attended as representative to the Byron Bay
Liquor Accord AGM which was well attended. There was some interesting
discussion around issues in Byron CBD over last 3 or 4 months. Police were
there as they usually are, and there were representatives from Office of Liquor
and Gaming. It was interesting because there had been some discussions
previously around whether it should be compulsory to have licensees as part of
the Accord because it’s mainly the larger establishments that are.
There’s pros and cons with that and it was mentioned what happened in
Newcastle when it was forced upon the Accord down there. It didn’t
actually work that brilliantly but what did work was a more collaborative
approach between the Police, licensees and council and think that’s
what we’ve got going in Byron Bay and have had for a couple of years. It
came out in the discussion around when Police talked about figures on things
like sexual assaults in public places and matters like that.
It is disturbing and there is a campaign called “Us
for Angela” in pubs, if you haven’t heard about it, because of
sexual assaults around alcohol venues especially. He thinks the figure
from yesterday if remembered correctly, there has been seven sexual assaults in
the Byron area since Christmas so it’s something that touches our
community as well. As well as some indecent assaults which adds to that
number.
So it is a concern, but what came out of the discussion that
he was particularly interested in from a Council point of view was that the
drinking in public places in Byron is very much still a key issue, especially
with a lot of tourists and travellers, you can get a lot of pre-fuelling going
on and then that extending into public places. So, in the spirit of collaborative
community that was being talked about yesterday it was suggested that we do
need to strike a balance, if you like, here because he goes to the beach front
often at sunset and there’ll be someone playing music there and people
sitting around and it’s not unusual for someone to be having a beer or
wine up there. It’s a fairly chilled out space, and don’t think we
want to clamp down on that but the excessive alcohol in public places is what
really creates the concern.
There was a recognition by Police yesterday of that reality
but certainly there was a reaching out to rather than just responding to things
when they get really bad, that maybe we need a process in place where Police,
Council and maybe Liquor Accord get together and include the Chamber of
Commerce to consider some preventative and long term strategies around public
drinking because we do things like declaring areas, we have signage, they
respond to that and he thinks it might be wise of us to set something up like
that, where we do come together to have a look at how things are going rather
than waiting till things get bad again; because they have been improving but
living and working in Byron, he would say that’s the flashpoint and
it’s not an easy one to solve but he thinks it would be good for us as a
Council to engage with both Police and licensees and follow through on that.
The other thing that might be sensible in that regard too,
and even prior to that meeting, is to have some sort of audit of street
lighting or signage around drinking in public places in town; He knows we did
this a few years ago. There were some comments by some of the licensees that
they feel that’s changed. Especially with the change in waste bins and
stuff around town.
He sees that as all positive and thinks our presence there
is worthwhile and certainly valued.
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.1 Council
Resolutions Quarterly Review - 1 January 2018 to 31 March 2018
File No: I2018/631
|
|
18-331
|
Resolved that Council:
1. Note
the information provided in this report on active Council Resolutions in
Attachment 1 (#E2018/28602).
2. Note
the completed Resolutions in Attachment 2 (#E2018/36724).
3. Close
Resolutions 11-646, 14-096 and 18-193, due to them being no longer relevant,
superseded by subsequent resolutions, or not resourced.
4. Alter
the reporting requirement determined in Resolution 17-136, regarding
Council’s Online Road Register, from monthly to quarterly updates. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.2 Proposed
Rural Fire Service Relocation to Cook Pioneer Centre
File No: I2018/670
|
|
|
Moved:
1. That Council note the report and plans to relocate
the Rural Fire Service from Council’s Administration building to a more
suitable location.
2. That the Cook Pioneer Centre not
be considered unless no other option can be found.
(Ndiaye/Richardson)
|
AMENDMENT
|
18-332
|
Resolved that
Council:
1. Note
the report and plans to relocate the Rural Fire Service from Council’s
Administration building to a more suitable location at the Cook Pioneer
Centre.
2. Terminate
from 30 June 2018 the Delegated Authority under Section 377 of the Local
Government Act 1993 for a Section 355 Management Committee to manage the Cook
Pioneer Centre, Mullumbimby.
3. Formally
thank the members of the Section 355 Management Committee for their years of
effort and time in contributing to the community by managing the Cook Pioneer
Centre.
4. Continue
to cover the costs of networking lunches and a small amount for room hire
fees up to $1,800 per annum, until the end of the current term of Council
(September 2020) at which time this will be reviewed, in recognition of the
work of the Mullumbimby Senior Citizens group. (Lyon/Coorey)
The amendment was put to the vote and declared carried.
Cr Ndiaye voted against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Cr Ndiaye voted against the motion.
|
The meeting adjourned at 4.37pm for a break and
reconvened at 4.50pm.
|
|
Report No. 13.3 Section
355 Management Committee matters
File No: I2018/702
|
|
18-333
|
Resolved:
1. That
the resignation from Shanti Des Fours from Lone Goat Gallery Board of
Management be accepted and a letter of thanks provided.
2. That
the resignations from Sarah Connellan and Ruth Ryan from the Bangalow Parks
Trust Management Committee be accepted and that letters of thanks be
provided.
3. That
the nomination from Murray Hand be accepted for the Bangalow Parks Trust
Management Committee.
4. That
the resignation from Peter Mortimore from the Bangalow A&I Hall Board of
Management be accepted and a letter of thanks provided.
5. That
Council appoint Cr Richardson as the alternative Councillor representative to
the Lone Goat Gallery Board of Management replacing Cr Ndiaye. (Richardson/Lyon)
The motion
was put to the vote and declared carried.
|
|
|
Report No. 13.4 LGNSW
Regional Summit
File No: I2018/787
|
|
18-334
|
Resolved that Council
authorise Cr Lyon to attend the LGNSW Regional Summit held by Bellingen Shire
Council on 12 July 2018. (Cameron/Lyon)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.8 Poker
Machine Policy investigation
File No: I2018/850
|
|
18-335
|
Resolved that Council:
1. Note
the report on policy options in relation to Poker Machines.
2. Review
and receive a report on the development of the Northern Beaches Council
Gambling and Poker Machine Harm Management Strategy that is due to be
finalised in August 2018.
(Spooner/Ndiaye)
The motion was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.17 New
legislative provisions relating to the Joint Regional Planning Panels and
Sydney Planning Panels
File No: I2018/842
|
|
18-336
|
Resolved that Council:
1. Note currently there is one outstanding
position on the JRPP as the local representative on the JRPP with David
Milledge (Community) as the alternate for this position.
2. Affirm
the membership of the Councillor Simon Richardson
(Mayor) as the second local representative to the Joint Regional Planning
Panel with Cr Cameron (Deputy Mayor) as the alternate.
3. Seek
expressions of interest for JRPP Panel Members from eligible persons for
part-time appointment to represent Council on the Northern Joint Regional
Planning Panel (JRPP). The criteria for the expression of interest to
meet the Planning Panels Operational Procedures and Code of Conduct including
knowledge of local area issues and local planning issues and ability to act
independently and to represent community concerns.
4. Notify the Planning
Panel’s Secretariat of the above nominations at least two weeks prior
to any scheduled Panel meeting.
6. In the period prior
to successful nominations the Mayor is given delegated authority to submit
two representatives to the JRPP. (Richardson/Ndiaye)
The motion was put
to the vote and declared carried.
|
Staff Reports - Infrastructure
Services
|
|
Report No. 13.24 Recycled
Water Irrigation Projects Byron Bay
File No: I2018/844
|
|
18-337
|
Resolved that Council:
1. Approve
the Byron Bay Urban Recycled Water Scheme irrigation installation and upgrade
projects at:
· Railway
Park
· Dening
Park
· Apex
Park; and
· The
Cavanbah Centre
2. Allocate
the following funding for the projects in the 2018/19 Budget from the Water
and Sewer Section 64 ($382,800) and Crown Paid Parking ($21,200). (Coorey/Lyon)
The motion was put to the
vote and declared carried.
|
Questions
With Notice
|
|
Question With Notice No. 15.1 Valances
Road Plan of Management
File No: I2018/782
|
|
|
At Council’s
Ordinary Meeting held on 19 April 2018, Matthew O’Reilly submitted the
following question which was taken on notice:
The current 2017 Plan of Management for
Valances Road, Mullumbimby maps large areas of the land as eco-wetland and
key fish habitat yet despite this mapping most of these areas are not
included as Natural Vegetation or Environmental Land areas or as constrained
land, instead they are included for community, housing and biomass project
areas. How can Council justify ignoring its eco-wetland map and
key fish habitat map under this Plan of Management and supporting development
over these areas?
Response Director Infrastructure Services:
The
proposed project area mapping is intended to show indicative high-level
proposed project areas/precincts, not intensive development plans.
Prior to any projects
proceeding, the layouts, designs and applications for consents would be
prepared in compliance and congruent with all land use and setbacks for
ecological, environmental and key habitat values. The natural
environmental values of the land will be maintained in tandem with the
potential projects contemplated for the Sustainability Centre. Land use
requirements and environmental constraints will all be respected.
Please note, Council Resolution
17-459 renamed the plan to the Brunswick Valley Sustainability Centre
Management Plan.
|
|
|
Question With Notice No. 15.2 Woolies
Car Park
File No: I2018/783
|
|
|
At Council’s
Ordinary Meeting held on 19 April 2018, John Anderson submitted the following
question which was taken on notice:
Why didn’t Council require Woolworths, Byron Bay
to lodge a development application prior to its occupation, alteration and
use of adjoining railway land as a car park, and, if the said use is indeed
unauthorised due to a lack of development consent, what is the legal status
of the parking restrictions and the risk to Council in terms of public
liability?
Response Legal Counsel:
Legal Counsel met with Mr Anderson to clarify the area to
which the question related. There was confusion as to the Woolworths car park
and parking restriction and the “adjoining railway land”.
No development application was necessary to enable the
establishment and enforcement of car parking on land located at 90-96 Jonson Street, Byron Bay (Lot 5, DP 619224).
In late 2014 and early 2015 Council entered into
discussions with the landowner in respect of the creation of a Free Parking
Agreement pursuant to the provisions of section 650(6) of the Local
Government Act 1993. That section provides that the owner of any private land may enter into an agreement
with the council under which the land, or any part of the land, is set aside
for use as a free parking area.
The in
principle agreement was reported to the Local Traffic Committee on 6 February
2015 which in turn reported it to Council at its Ordinary Meeting on 25
February 2015.
On 26 February 2015 Council resolved:
15-070 Resolved:
1. That Council approves a 2P time limit which is
effective 9am to 6pm each day and it applies where signed in the car park
located at 90-96 Jonson Street, Byron Bay (Lot 5, DP 619224).
2. That Council suggests to the owner that 15 minute
pick up / drop off zones and ‘parents with prams’ bays, as well
as disabled parking bays be considered in line with current parking
standards.
3. That any proposed regulatory changes in the car
park while under lease to, or subject to agreement with Council, will need
referral to the Local Traffic Committee for approval.
The agreement was subsequently entered into. It commenced
on 2 March 2015 and continues for a period of five years.
The agreement incorporates parts 1 and 3 of the Resolution
and the disabled parking bays component of part 2. The balance of part 2 was
raised with the property owner who did not reject the suggestion but
indicated that the agreement should commence without the inclusion of
pickup/drop-off zones and pram bays whilst leaving it open for the suggestion
to be reconsidered.
Upon entry of a Free
Parking Agreement with a Council the landowner effectively turns over the
land to Council control for the purposes of ensuring compliance with parking
restrictions which, by the agreement, become a law-enforcement function of
Council.
The agreement provides that
Council retains the fine revenue generated from enforcement of permissive
parking in the parking area.
|
|
|
Question With Notice No. 15.3 Brunswick
Valley STP Monitoring Point 5
File No: I2018/784
|
|
|
At Council’s
Ordinary Meeting held on 19 April 2018, Patricia Warren submitted the
following question which was taken on notice:
What is the daily inflow at the Brunswick Valley
STP’s Monitoring Point 5 31 January 2018 to date?
Response Director Infrastructure Services:
A copy of the recorded inflow in kilolitres per day is
attached. (E2018/38198).
|
The Mayor left the meeting at 5.35pm and the Deputy Mayor
took the Chair.
Confidential
Reports - General Manager
|
|
Report No. 16.1 Confidential - General Manager
Recruitment
File No: I2018/878
In
accordance with his earlier declared pecuniary interest in this matter, the
Acting General Manager, Mark Arnold, left the meeting at 5.37pm.
|
|
18-338
|
Resolved that this matter
be deferred to the next appropriate meeting. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
|
Confidential
Reports - Corporate and Community Services
|
|
Report No. 16.2 Confidential - Byron Shire Council
purchase from Health Administration Corporation
File No: I2018/606
|
|
18-339
|
Resolved:
1. That
pursuant to Section 10A(2)(c), (d)i and (d)ii of the Local Government Act,
1993, Council resolve into Confidential Session to discuss the report Byron
Shire Council purchase from Health Administration Corporation.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) information
that would, if disclosed, confer a commercial advantage on a person with whom
the Council is conducting (or proposes to conduct) business
b) commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it
c) information
that would, if disclosed, confer a commercial advantage on a competitor of
the council
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:
The information in the proposed
contract is commercial in confidence as between the parties to it. The
information in the financial modelling is considered confidential as to not
provide a competitive advantage to any other potential interested party. (Cameron/Hunter)
The motion was put to the vote and declared carried.
|
|
18-340
|
Resolved:
1. That
Council note the content of the report.
2. That
Council note the status of contract negotiations and endorse the position
taken by the Acting General Manager outlined in Confidential Attachment 3
(#E2018/35563).
3. That
the report and its attachments remain confidential. (Cameron/Martin)
The motion was put to the vote and declared carried.
Cr Hunter voted against the motion.
Cr Richardson was not present for the vote.
|
|
|
Procedural
Motion
|
|
18-341
|
Resolved that
the meeting move out of confidential session. (Cameron/Spooner)
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
|
Confidential
Reports - Infrastructure Services
|
|
Report No. 16.4 Confidential - 2017-0042 - Bus
Shelter Tender - Award of Tender
File No: I2018/700
|
|
18-342
|
Resolved:
1. That
pursuant to Section 10A(2)(c) and (d)i of the Local Government Act, 1993,
Council resolve into Confidential Session to discuss the report 2017-0042 -
Bus Shelter Tender - Award of Tender.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) information
that would, if disclosed, confer a commercial advantage on a person with whom
the Council is conducting (or proposes to conduct) business
b) commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it
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:
Disclosure of information that
may need to be discussed could prejudice the commercial position of the person
who supplied the information. (Coorey/Ndiaye)
The motion was put to the
vote and declared carried.
Cr Richardson was not present for the vote.
|
|
18-343
|
Resolved that Council:
1. Not
accept any tender submitted for Contract 2017-0042; Supply and
Installation of Bus Shelters.
2. Establish
a design competition for the supply and installations of 11 Bus Shelters and
that this process ensures:
a) The
works are completed by 30 June 2019.
b) Disability
Standards for Accessible Public Transport are met.
c)
The design completion and resultant works are
achieved within the current budget allocation.
d) That
delegates from the Public Art Panel are involved in the process.
(Coorey/Ndiaye)
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
|
|
|
Procedural
Motion
|
|
18-344
|
Resolved that
the meeting move out of confidential session. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
|
URGENCY MOTIONS
|
|
Procedural Motion
|
|
18-345
|
Resolved that
the matter of the Local Traffic Committee Meeting recommendations
be discussed as a matter of urgency. The urgency being that recommendations
need to be adopted prior to the next Council Meeting in June 2018. (Cameron/Ndiaye)
The
Deputy Mayor declared the matter to be of great urgency.
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
|
|
|
Urgency No.
1 Local Traffic Committee Meeting
Recommendations
|
|
18-346
|
Resolved that the
following recommendations from the Local Traffic Committee Meeting held on 23
May 2018 be adopted:
a) Report
No. 6.1 Byron Street Connection and Jonson Street Works, Byron Bay
File No: I2018/900
That the
Local Traffic Committee endorse the amended Pavement Marking and Signage
Plan for the
Byron Street Connection and Jonson Street Works, Byron Bay E2018/42534.
b) Report
No. 7.1 DA - Festival of the Stone 2018 - Road Closure - Saturday 9 June 2018
File No: I2018/899
1. That Council approve the Traffic Control and Traffic Management
Plans for the Festival of the Stone 2018, to be held Saturday 9 June 2018.
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
d) the event be notified
on Council’s webpage.
e) the event organiser:
i. undertake consultation with community and affected businesses
including adequate response/action to any raised concerns.
ii. undertake consultation with emergency services and any identified
issues addressed.
iii. holding $20m public liability insurance cover which is valid
for the event.
iv. paying Council’s Road Event Application
Fee prior to the event. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
Cr Richardson was not present for the vote.
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Procedural
Motion
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Moved: That
the matter of Mercato be discussed as a matter of urgency. The urgency being
due to the schedule of concrete pouring. (Cameron/Ndiaye)
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The Deputy Mayor declared the matter to be of great
urgency.
The motion was put to the vote and declared lost.
Crs Coorey,
Martin, Lyon, Cameron, Hackett, Spooner and Hunter voted against the motion.
Cr Richardson was not present for the vote.
There being no further business the meeting concluded at 6.07pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 21 June 2018.
….…………………………
Mayor Simon Richardson
