Ordinary Meeting
Minutes
2 August 2018
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 2 August 2018 COMMENCING
AT 9.06AM AND
CONCLUDING AT 5:20PM
I2018/1389
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 (General Manager)
Anna
Vinfield (Acting Director Corporate and Community Services) - morning
James
Brickley (Manager Finance) - afternoon
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Chris Larkin (Manager
Sustainable Development) – item 13.16
Evan Elford (Team Leader
Infrastructure Planning) – item 13.9
Andrew Pearce (Development
Engineer) – item 13.18
Peter Rees (Manager
Utilities) – item 16.1
David
Royston Jennings/Heather Sills (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 Implementation
of Resolution 18-308 - Tweed Street Masterplan
Kim Rosen on behalf of Brunswick Heads Chamber of
Commerce Inc. addressed Council in favour of the recommendation.
Sean O’Meara on behalf of Brunswick Heads Progress
Association addressed Council against the recommendation.
Mary Ashton on behalf of Tweed St Taskforce addressed
Council against the recommendation.
13.12 PLANNING
- Development Application 10.2017.742.1 - Alterations and Additions to Existing
Dwelling House, New Dwelling House to Create a Dual Occupancy (detached) and
Two (2) Studios at 219 Saddle Road Brunswick Heads
Matthew O’Reilly on behalf of Koresoft Pty Ltd addressed
Council against the recommendation.
13.13 Updates
- Audit of secondary dwelling conditions of consent; Short Term Holiday Let
enforcement action and State Government position on Short Term Holiday Let.
David Wallace on behalf of VOHL addressed Council in
favour of the recommendation.
13.16 PLANNING
- S96 10.2013.128.3 - Delete Condition 59 and Permit Paid Parking 30
Tanner Lane Tyagarah
Brandan
Meek on behalf of Bluesfest addressed Council in favour of the recommendation.
13.17 PLANNING
- Development Application No. 10.2018.86.1 - Installation of 30m high
telecommunications facility and associated ancillary equipment at Lot 339 DP
755692 Old Pacific Highway Brunswick Heads
Bob Coyne on behalf of Telstra addressed Council in
favour of the recommendation.
Vanessa Davies on behalf of Aurecon addressed Council in
favour of the recommendation.
13.18 PLANNING
- Development Application 10.2017.516.1 Subdivision to create four (4) lots,
removal of trees, earthworks and associated infrastructure - 8 Coomburra
Crescent, Ocean Shores
Olga Trasz addressed Council addressed Council against
the recommendation.
13.20 PLANNING
- Development Application 10.2017.577.1 - Change of Use From Light Industry to
Light Industry Including an Industrial Retail Outlet at 99 Lismore Road,
Bangalow
Alan Mitchell addressed Council in favour of the
recommendation.
Matthew O’Reilly, representing CABS, addressed
Council against the recommendation.
Question
No. 1
John Anderson tabled the following question:
Given that the General Manager has unimpeded access to full
and unredacted Council files and given that a reasonable maximum legal fee for
a 3 day hearing in the Land and Environment is $50,000, will the General
Manager undertake to examine Ebsworth Lawyers purported accounting of its
outlays regarding the Butler Street bypass defence and then give the ratepayers
an assurance that the apparently excess $400,000 charged by that firm all went
to legitimate destinations?
The meeting adjourned at 10.16am and reconvened at 10:40am.
13.21 Submissions
Report on the Draft Integrated Pest Management Policy
Stephen Booth addressed Council against the
recommendation.
Apologies
There were no apologies.
Requests
for Leave of Absence
|
Procedural
Motion
|
18-432
|
Resolved that Cr Coorey
be granted a leave of absence for the 20 September 2018 Ordinary Meeting.
(Richardson/Hunter)
The motion was put to the vote and declared carried.
|
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Ndiaye declared a non-pecuniary interest in Report 13.16.
The nature of the interest being that she works onsite at Bluesfest. Cr Ndiaye
elected to remain in the Chamber and will participate in discussion and the
vote.
Cr Ndiaye declared a non-pecuniary interest in Report 13.18.
The nature of the interest being that the applicant is a relative of a
colleague at her school. Cr Ndiaye elected to remain in the Chamber and
will participate in discussion and the vote.
Cr Spooner declared a non-pecuniary interest in Report 13.23.
The nature of the interest being that his employer operates a monthly market on
the site. Cr Spooner elected to remain in the Chamber and will
participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
In accordance with the Local Government Act 1993 Section
450(A), Section 449(3) Returns are tabled for:
Ivan Holland
Simone Reeves Kenyon
Fiona Sinclair
Adoption
of Minutes from Previous Meetings
18-433
|
Resolved that the minutes of the following meetings be
confirmed:
· Byron
Shire Reserve Trust Committee held 21 June 2018
· Ordinary
Meeting held 21 June 2018
· Extraordinary
Meeting held 28 June 2018
(Spooner/Lyon)
The motion
was put to the vote and declared carried.
|
Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
STAFF REPORTS
General Manager
Corporate and Community Services
Report No. 13.2 Local
Government NSW Annual Conference 2018
Report No. 13.3 Report
of the Public Art Panel Extraordinary Meeting 15 May, adoption of Public
Art Strategy and nominees received for additional members to the Public Art
Panel
Report No. 13.5 Biodiversity
Advisory Committee and Sustainability & Emissions Reduction Advisory
Committee - Community Representatives
Report No. 13.6 Section
355 Management Committees - resignations and appointments
Report
No. 13.9 Implementation of Resolution
18-308 - Tweed Street Masterplan
Report No. 13.10 Amendment of
General Managers Delegation in respect of Legal Proceedings
Sustainable Environment and Economy
Report No. 13.12 PLANNING -
Development Application 10.2017.742.1 - Alterations and Additions to Existing
Dwelling House, New Dwelling House to Create a Dual Occupancy (detached) and
Two (2) Studios at 219 Saddle Road Brunswick Heads
Report No. 13.13 Updates -
Audit of secondary dwelling conditions of consent; Short Term Holiday Let
enforcement action and State Government position on Short Term Holiday Let.
Report No. 13.14 Northern Joint
Regional Planning Panel (JRPP) - community representatives
Report No. 13.16 PLANNING
- S96 10.2013.128.3 - Delete Condition 59 and Permit Paid Parking 30 Tanner
Lane Tyagarah
Report No. 13.17 PLANNING -
Development Application No. 10.2018.86.1 - Installation of 30m high
telecommunications facility and associated ancillary equipment at Lot 339 DP
755692 Old Pacific Highway Brunswick Heads
Report No. 13.18 PLANNING -
Development Application 10.2017.516.1 Subdivision to create four (4) lots,
removal of trees, earthworks and associated infrastructure - 8 Coomburra
Crescent, Ocean Shores
Report No. 13.19 Draft Pest
Animal Management Plan
Report No. 13.20 PLANNING -
Development Application 10.2017.577.1 - Change of Use From Light Industry to
Light Industry Including an Industrial Retail Outlet at 99 Lismore Road,
Bangalow
REPORTS
OF COMMITTEES
Sustainable Environment and Economy
Infrastructure Services
Report
No. 14.5 Report of the Local Traffic
Committee Meeting held on 26 June 2018
6.1 Request for one way signage
- Ruskin Lane Byron Bay
6.2 Draft Constitution for
Local Traffic Committee
6.3 Koala interactions and
speed advisory sign options for Granuaille Road Bangalow
6.4 Bayshore & Sunrise
Roundabouts Linemarking & Signage
6.5 Interim Actions to
ManageTraffic and Parking at Byron Bay Arts and Industrial Estates
7.1 Events - INGENUITY
Sculpturefest Mullumbimby - Brunswick Terrace Road Closure
7.2 Events - Billinudgel Open
For Business - Wilfred Street Road Closure
7.3 Event - Chincogan Charge,
Mullumbimby - 8 September 2018
7.4 Traffic Calming on Broken
Head Road
8.1 Bluesfest 2019 - Paid
Parking
8.2 Beer and Cider Festival
CONFIDENTIAL REPORTS
Infrastructure Services
Report No. 16.1 Confidential - CONTRACT 2018-0017
Design & Construction of Sewer Rising Main RM3008 Replacement Pipeline -
Bangalow Road Byron Bay
Report No. 16.2 Confidential - CONTRACT 2018-0010
Construction of the Azalea Street Sewer Rising Main Mullumbimby
Report No. 16.3 Confidential - CONTRACT 2018-0026
SPS4001 New Rising Main and Pump Well Conversion Stuart Street Mullumbimby
The Recommendations and Committee Recommendation items
13.1, 13.4, 13.7, 13.8, 13.11, 13.15, 13.21, 13.22, 13.23, 14.1, 14.2, 14.3,
14.4, 14.6, 16.4, 16.5 were adopted as a whole, being moved by Cr Richardson
and seconded by Cr Hunter.
Note - the vote on this item was recommitted at
Resolution No. 18-445 in order for item 13.21 to be reserved for debate.
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Procedural
Motion
|
18-434
|
Resolved that Council change the order of business to
deal with Reports 13.9, 13.12, 13.13, 13.16, 13.17, 13.18, 13.20 next on the
Agenda.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Staff Reports – CORPORATE AND
COMMUNITY SERVICES
|
Report No. 13.9 Implementation
of Resolution 18-308 - Tweed Street Masterplan
File No: I2018/1284
|
18-435
|
Resolved that
Council allocate $94,700 for Tweed
Street Projects in the 2018-2019 Budget with funding provided from the
sources identified in the financial implications section of this report.
(Spooner/Richardson)
The motion was put to the vote and declared carried.
Crs Cameron, Ndiaye and Martin voted against the
motion.
|
|
Procedural
Motion
|
18-436
|
Resolved that Cr Richardson be granted a one minute
extension to his speech.
(Ndiaye/Hackett)
The motion was put to the vote and declared carried.
|
FORESHADOWED
MOTION
18-437
|
Resolved:
1. That
Council receive a report on the development of a Master Plan for Brunswick
Heads with an initial access and movement study.
2. That
a review of appropriate budgets be undertaken in the report
(Cameron/Ndiaye)
The motion was put to the vote and declared carried.
|
Staff Reports - Sustainable Environment
and Economy
|
Report No. 13.12 PLANNING
- Development Application 10.2017.742.1 - Alterations and Additions to
Existing Dwelling House, New Dwelling House to Create a Dual Occupancy
(detached) and Two (2) Studios at 219 Saddle Road Brunswick Heads
File No: I2018/682
|
18-438
|
Resolved that the item be deferred until the 20 September
2018 Ordinary meeting in order for Council and the proponents to consider an
alternative site approximately within 100m of the existing site, for example
the site identified as site F in the report.
(Richardson/Ndiaye)
The
motion was put to the vote and declared carried.
|
|
Report No. 13.13 Updates
- Audit of secondary dwelling conditions of consent; Short Term Holiday Let
enforcement action and State Government position on Short Term Holiday Let.
File No: I2018/974
|
18-439
|
Resolved:
1. That
Council writes to all Members of the Legislative Council within the next 7
days to convey the following:
i. That
the Fair Trading Amendment (Short Term Rental Accommodation) Bill
lacks detail and is unworkable for Byron Council;
ii. That
Council seeks an amendment to the Fair Trading Amendment (Short Term Rental
Accommodation) Bill allowing councils flexibility to develop their own STRA
strategy;
iii. That
the Bill has serious negative implications to small business owners of
registered and licensed holiday accommodation, and
iv. That
Council expresses concern that the Code of Conduct Advisory Committee was
convened without the invitation of concerned community groups and that
consists of a majority of representatives from the holiday letting industry;
v. That
Council continue to consider to prosecute for development without consent.
vi. That
to avoid grossly unfair and onerous cost shifting on to local governments,
Byron Shire Council requests that local councils be able to both manage the
licensing and monitoring of STHL dwellings in order for revenue raised in
licensing to be used to pay for monitoring compliance.
2. That
Council advise the community of the above steps.
(Coorey/Cameron)
The motion was put to the vote and declared carried.
Crs Spooner, Hackett and Hunter voted against the
motion.
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|
Report No. 13.16 PLANNING
- S96 10.2013.128.3 - Delete Condition 59 and Permit Paid Parking 30
Tanner Lane Tyagarah
File No: I2018/1290
|
18-440
|
Resolved:
1. That
pursuant to Section 96 of the Environmental Planning & Assessment Act
1979, that Application No. 10.2013.128.3 be approved by modifying
development consent Number 59 to read
59. Car Parking Fees
and Traffic Management Plans
Paid parking
is permitted for the Bluesfest 2019 Event. The applicant to prepare a Traffic
and Parking Report following the event to be submitted to Council within 2
months of the 2019 event for review by the Local Traffic Committee. The
report to address functionality of paid parking, any delays on the Pacific
Highway and surrounding roads, illegal parking and camping and any traffic
incidents.
If no issues
are raised by the RMS, the NSW Police Force or Council in terms of paid
parking at the LTC, paid parking can continue as a permanent arrangement.
Should this
not be supported post the 2019 event, the entry for further Bluesfest Events shall
include free car parking within the site to discourage on-street car parking
on roads within the vicinity. Bluesfest to be advised of the outcome of this
review.
The parking
arrangements to be incorporated into future Traffic Management / Traffic
Control Plans for the even. (Note: These plans to be submitted to Council a
minimum of four months prior to the annual Bluesfest
Event.)
(Lyon/Richardson)
The motion was put to the vote and declared carried.
Crs Richardson, Cameron, Spooner, Hunter, Coorey,
Martin, Lyon, Ndiaye and Hackett voted in favour of the motion.
Nil voted against the motion.
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|
Report No. 13.17 PLANNING
- Development Application No. 10.2018.86.1 - Installation of 30m high
telecommunications facility and associated ancillary equipment at Lot 339 DP
755692 Old Pacific Highway Brunswick Heads
File No: I2018/1301
|
18-441
|
Resolved:
1. That Council defer this
matter.
2. That the proponents liaise with
Brunswick Heads Progress Association, Brunswick Chamber of Commerce,
Brunswick Heads Primary School P&C and other relevant local groups, to
seek input and feedback on the proposed location and, if possible, to
consider alternate sites.
(Coorey/Cameron)
The motion was put to the vote and declared carried.
Crs Richardson, Cameron, Coorey, Martin, Lyon, Ndiaye
and Hackett voted in favour of the motion.
Crs Spooner and Hunter voted against the motion.
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|
AMENDMENT
Pursuant to Section 80 of the
Environmental Planning & Assessment Act 1979, Development Application No.
10.2018.86.1 for Installation of 30m high telecommunications facility
and associated ancillary equipment, be approved subject to conditions listed
in Attachment 2 #E2018/57739.
(Spooner/Hunter)
The amendment was put to the vote and declared lost.
Crs Spooner and Hunter voted in favour of the motion.
Crs Richardson, Cameron, Coorey, Martin, Lyon, Ndiaye
and Hackett voted against the motion.
|
|
Report No. 13.18 PLANNING
- Development Application 10.2017.516.1 Subdivision to create four (4) lots,
removal of trees, earthworks and associated infrastructure - 8 Coomburra
Crescent, Ocean Shores
File No: I2018/1304
|
18-442
|
Resolved that
pursuant to Section 80 of the Environmental Planning & Assessment Act
1979, development application no. 10.2017.516.1 for subdivision to create
four (4) lots, be deferred in order to:
1. Investigate
possibilities of narrowing the driveway to allow for increased vegetation
along the driveway.
2. Ensuring
Councils stormwater infrastructure is of a size and management regime to adequately
receive stormwater generated by this subdivision.
3. Ensure
that the community have a longer period in which to consider the geotechnical
aspects and implications within the development application, and that when
reported back to Council a more expansive report from staff on this aspect be
presented.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Richardson, Cameron, Spooner, Hunter, Coorey,
Martin, Lyon, Ndiaye and Hackett voted in favour of the motion.
Nil voted against the motion.
|
The meeting adjourned at 1:14pm and reconvened at 2:07pm.
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Report No. 13.20 PLANNING
- Development Application 10.2017.577.1 - Change of Use From Light Industry
to Light Industry Including an Industrial Retail Outlet at 99 Lismore Road,
Bangalow
File No: I2018/1330
|
18-444
|
Resolved:
1. That
pursuant to Section 80 of the Environmental Planning & Assessment Act
1979, development application no. 10.2017.577.1 be refused for the following reasons:
a) Pursuant to the
provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and
Assessment Act 1979, the proposed development is a prohibited land use in the
RU1 Primary Production zone under Byron Local Environmental Plan 2014.
b) Pursuant to
the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and
Assessment Act 1979, the proposed development is unsatisfactory in relation
to clause 6.6 of Byron Local Environmental Plan 2014 because it fails to demonstrate that essential services can be
adequately provided to the proposed development.
c) Pursuant to
the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and
Assessment Act 1979, the proposed development is unsatisfactory in relation
to clause 6.5 of Byron Local Environmental Plan 2014 because it fails to demonstrate that the proposed on-site sewage
management system will not have adverse impact on the Wilsons River drinking
water catchment.
d) Pursuant to
the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and
Assessment Act 1979, the proposed development fails to meet the prescriptive
measures and objectives of Part B3.2.2 of Byron Development Control
Plan 2014 in relation to on-site sewage management.
f) Pursuant
to the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning
and Assessment Act 1979, the proposed development fails to meet the
prescriptive measures and objectives of Parts C4.2.1 and C4.2.3 of
Byron Development Control Plan 2014 in relation to the suitability of the
proposed on-site sewage management system for the development given its
proximity to the Wilsons River drinking water catchment.
g) Pursuant to
the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and
Assessment Act 1979, the proposed development fails to meet the objectives,
standards and guidelines of section 3.4.2 in Chapter 15 of Byron
Development Control Plan 2010 because the site is not connected to mains
sewer.
h) Pursuant to
the provisions of Section 4.15 (1)(c) of the Environmental Planning and
Assessment Act 1979 the subject site is not considered to be suitable because
there is insufficient land area available to provide an on-site sewage
management system which can adequately cater for the proposed development.
2. That
subject to 1 above, the applicant/landowner be invited to submit a Planning
Proposal (for a merit assessment) that would seek to amend Byron LEP 2014 to
facilitate the site/property use as an “Arts Yard” consisting of
multiple artisan studios and workspaces with ancillary retailing activities
as proposed in this DA.
3. Council
defer compliance proceedings until completion of the planning process
undertaken in point 2.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Richardson, Cameron, Spooner, Hunter, Coorey,
Martin, Lyon, Ndiaye and Hackett voted in favour of the motion.
Nil voted against the motion.
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18-445
|
FORESHADOWED MOTION
Resolved that Council
receive a report on including ‘creative industries’ as a
permissible activity with consent in rural zones, including implications,
benefits and challenges and the matter of obtaining State government
approval.
(Richardson/Ndiaye)
The motion was put to the
vote and declared carried.
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|
Procedural
Motion
|
18-446
|
Resolved that the en bloc consideration of items be
recommitted in order for item 13.21 to be reserved for debate.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
|
The remaining Recommendations and Committee Recommendation
were adopted as a whole, being moved by Cr Richardson and seconded by Cr Ndiaye.
Each recommendation is recorded with a separate resolution number commencing at
Resolution No. 18-446 and concluding with Resolution No. 18-472.
Petitions
|
Petition No. 10.1 Non-Chemical
Means of Weed Control in Byron Shire
File No: I2018/1263
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18-447
|
Resolved that the petition regarding Non-
Chemical Means of Weed Control in Byron Shire be noted.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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Submissions
and Grants
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Report No. 11.1 Byron
Shire Council Submissions and Grants as at 11 July 2018
File No: I2018/1316
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18-448
|
Resolved that Council note the report and attachment
(#E2018/58520) for the Byron Shire Council Submissions and Grants as at 11
July 2018.
(Richardson/Ndiaye)
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STAFF REPORTS – GENERAL
MANAGER
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Report No. 13.1 Northern
Rivers Joint Organisation
File No: I2018/1300
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18-449
|
Resolved that Council:
1. Receives and notes the report
on the Northern Rivers Joint Organisation.
2. Endorses the;
a) draft Northern Rivers Joint
Organisation Charter (Attachment 1 E2018/57477)
b) draft Northern Rivers Joint
Organisation Code of Meeting Practice (Attachment 2 E2018/57478)
c) draft Northern Rivers Joint
Organisation Expenses and Facilities Policy (Attachment 3 E2018/57479)
3. Appoints
the Deputy Mayor as the alternate voting delegate to the Northern Rivers
Joint Organisation.
(Richardson/Ndiaye)
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STAFF REPORTS – Corporate and
Community Services
|
Report No. 13.4 Development
of an Arts and Cultural Policy
File No: I2018/1066
|
18-450
|
Resolved that Council note that the Cultural Policy will
be reviewed by June 2019 to develop a new ‘Arts and Cultural
Policy’ within existing Council resources utilising best practice
examples and including consultation with key arts and cultural stakeholders
as outlined in the report.
(Richardson/Ndiaye)
|
|
Report No. 13.7 BSC
ats Ardill Payne & Partners - 33 Kallaroo Circuit - Land and Environment
Court Proceedings
File No: I2018/1261
|
18-451
|
Resolved that the General Manager be
authorised to enter into consent orders or a s34 Conciliation Agreement
approving Development Application 10.2017.639.1, subject to appropriate
conditions to be finalised under delegation.
(Richardson/Ndiaye)
|
|
Report No. 13.8 Council
Investments June 2018
File No: I2018/1282
|
18-452
|
Resolved that the report listing Council’s investments
and overall cash position as at 30 June 2018 be noted.
(Richardson/Ndiaye)
|
|
Report No. 13.11 'The
Byron Model' of deliberative democracy - next steps
File No: I2018/1348
|
18-453
|
Resolved that
Council endorse the development of “The Byron Model” of
deliberative democracy through the process outlined in the report and
attached outline (E2018/61116).
(Richardson/Ndiaye)
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STAFF REPORTS – SUSTAINABLE
ENVIRONMENT AND ECONOMY
|
Report No. 13.15 PLANNING
- Amendment to DCP 2010 - Chapter 1 Part J - Coastal Erosion lands
File No: I2018/1276
|
18-454
|
Resolved that
Council adopt the modification to the
Draft Byron DCP 2010 - Chapter 1 Part
J, as outlined in this report, and give public notice of the decision within 28
days.
(Richardson/Ndiaye)
|
|
Report No. 13.22 Current
and Future Capacity of Bangalow STP - Response to Resolution 17-502
File No: I2018/1091
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18-455
|
Resolved that
Council note the report and close
Resolution 18-058.
(Richardson/Ndiaye)
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|
Report No. 13.23 Butler
Street Reserve Lighting
File No: I2018/1286
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18-456
|
Resolved
1. That
Council allocate a budget of $85,000 from the Property Reserve to:
a) Complete
stage one of the Butler Street Reserve lighting project as per the quotation
for the works;
b) Investigate
the lighting along Butler Street and Lawson Street to ensure it complies
with AS1158;
c) Investigate
whether lighting is permissible on the east-west link through the rail corridor
and complete a lighting design; and
d) If
budget and the SEPP permits, install lighting on the east-west link through
the rail corridor.
2. That
Council consider allocating budget in future years to complete Stages Two and
Three when Butler Street Reserve is being used sufficiently to warrant the
investment.
(Richardson/Ndiaye)
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COMMITTEE REPORTS –
SUSTAINABLE ENVIRONMENT AND ECONOMY
|
Report No. 14.1 Report
of the Biodiversity Advisory Committee Meeting held on 14 June 2018
File No: I2018/1324
|
18-457
|
Resolved that
Council note the minutes of the Biodiversity Advisory Committee Meeting held
on 14 June 2018.
(Richardson/Ndiaye)
|
|
Report No. 14.2 Report
of the Sustainability and Emissions Reduction Advisory Committee Meeting held
on 28 June 2018
File No: I2018/1327
|
18-458
|
Resolved that Council note the minutes of the Sustainability
and Emissions Reduction Advisory Committee Meeting held on 28 June 2018.
(Richardson/Ndiaye)
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COMMITTEE REPORTS –
INFRASTRUCTURE SERVICES
|
Report No. 14.3 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 14
June 2018
File No: I2018/1323
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18-459
|
Resolved that
Council note the minutes of the Transport and Infrastructure Advisory
Committee Meeting held on 14 June 2018.
(Richardson/Ndiaye)
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18-460
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 Draft 2018/19 -
2020/21 Local Roads Operational & Capital Works Programs
File No:
I2018/4
Committee
Recommendation 4.1.1
That the
committee note the information in this report.
(Richardson/Hunter)
|
18-461
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 4.2 Massinger Street,
Byron Bay - Shared Path Design Report
File No:
I2018/187
Committee
Recommendation 4.2.1
1. That
the Transport and Infrastructure Advisory Committee provide the following
comments to the Project Engineer in relation to the Massinger Street Shared
Path concept design:
a) Locals
use Cowper Street to access the beach / Tennyson Street.
b) Adjust
the path to stop opposite Kipling Street.
c) It
doesn’t connect to other bike plan projects.
d) Consider
the repainting lines on the road to enable parking and pedestrian
movement.
e) Cowper
Street path will link to proposed sewer tracks/paths in Sandhills area.
2. The
committee consider the Cowper Street access to the
beach (Sandhills area) as the preferred route and urge Council to consider
repainting line marking on Massinger Street to improve pedestrian safety.
3. That Massinger Street shared path and Cowper Street
extension be referred to current Bike Plan review for consideration.
(Richardson/Ndiaye)
|
18-462
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 4.3 Balemo Drive,
Ocean Shores - Shared Path Design Report
File No:
I2018/188
Committee
Recommendation 4.3.1
That Council support Concept
Design 1 - Shared Path on the eastern side of Balemo Drive to be designed and
constructed pending the outcome of the grant funding application and
allocation of budget.
(Richardson/Ndiaye)
|
18-463
|
Resolved:
that
Council adopt the following Committee Recommendation(s):
Report No. 4.4 Koala Wildlife
Signage
File No:
I2018/1117
Committee Recommendation 4.4.1
1. That
the Committee note the report and recommend the signage strategy to include
other native animals.
2. That
the Consultation is undertaken with WIRES and Bangalow Koalas community
initiative is considered.
3. The
Committee receive an update on the consultation during the next Committee
meeting.
(Richardson/Ndiaye)
|
18-464
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 4.5 Lismore Road,
Bangalow - Off-Road Shared Path Design Report
File No:
I2018/359
Committee
Recommendation 4.5.1
That the Transport and
Infrastructure Advisory Committee provide comments to the Project Engineer
that the proposed location of the path along Lismore Road, Bangalow - Shared
Path concept design, is supported.
(Richardson/Lyon)
|
18-465
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 4.6 Tourist, Street
Name, Community Facility and Service Signs - Policy 07/102.
File No:
I2018/924
Committee
Recommendation 4.6.1
1. That
further investigation of the issues relating to the Tourist, Street Name,
Community Facility and Service Signs commence including a review of Policy
07/102 with a view to reporting outcomes to the 15 November 2018 meeting of
the Transport and Infrastructure Advisory Committee.
2. That
the investigation within point 1 include consideration of
commercial/event/community signage within road reserve.
3. That
innovation in digital way finding be considered.
(Richardson/Ndiaye)
|
18-466
|
Resolved:
that
Council adopt the following Committee Recommendation(s):
Report No. 4.7 Ewingsdale Road
Shared Path - Project Update
File No:
I2018/964
Committee Recommendation 4.7.1
1. That
the Transport and Infrastructure Advisory Committee note the report on the
Ewingsdale Road and Woodford Lane Shared Path concept designs.
2. That
Committee recommends that alternative crossing points are considered to
access The Farm and Woodford Lane.
3. That
future connections to the western site of the Pacific Motorway and Hinterland
communities be considered.
(Richardson/Ndiaye)
|
18-467
|
Resolved:
that
Council adopt the following Committee Recommendation(s):
Report No. 4.8 Bike Plan and PAMP
Status Update
File No:
I2018/969
Committee
Recommendation 4.8.1
That the Committee note the
progress of the Bike Strategy and Action Plan (Bike Plan) and the Pedestrian
Access and Mobility Plan (PAMP).
(Richardson/Ndiaye)
The motion was put to the
vote and declared carried.
|
|
Report No. 14.4 Report
of the Byron Shire Floodplain Risk Management Committee Meeting held on 14
June 2018
File No: I2018/1326
|
18-468
|
Resolved that
Council note the minutes of the Byron Shire Floodplain Risk Management
Committee Meeting held on 14 June 2018.
(Richardson/Ndiaye)
|
18-469
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 4.1 North Byron
Floodplain Risk Management Study and Plan - Committee Meeting Two
File No: I2018/896
Committee Recommendation 4.1.1
1.
That Council approve changes to the North Byron flood model as follows:
a) Bend
losses set to 0 for the Brunswick River upstream of Federation Bridge in
Mullumbimby except 5 sectors, where bend losses are set between 0.5 and 1 (as
detailed in the attachment 1 E2018/40963).
b) Initial
Loss set to 40mm for forested area for the design events. (As detailed in the
attachment 2 E2018/40965).
c) Implement
the other changes recommended by Council's consultant WMA Water in their memo
titled Hydrologic and Hydraulic Model Review, dated 28 March 2018 and updated
on 15 May 2018, in attachment 3 (E2018/41015) of this agenda.
2. That
Council investigate the following initial flood mitigations options to
establish their feasibility as part of the phase one flood mitigation
assessment process:
a) Dredging
of key areas of the creek system.
b) Changes
to key parts of the rocks wall at Brunswick Heads (2 options).
c) One
Flood Outlet through the dunes north of South Golden Beach.
d) One
Flood Outlet between New Brighton and South Golden Beach.
e) A
combination of the two Flood Outlets.
f) Channel
enhancement around Mullumbimby.
g) A
Flood Levee for Billinudgel.
(Richardson/Ndiaye)
|
|
Report No. 14.6 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 22
June 2018
File No: I2018/1351
|
18-470
|
Resolved that
Council note the minutes of the Transport and Infrastructure Advisory
Committee Meeting held on 22 June 2018.
(Richardson/Ndiaye)
|
18-471
|
Resolved:
that
Council adopt the following Committee and Management Recommendation(s):
Report No. 4.1 Development of a
Shire-wide Transport Strategy
File No:
I2018/1107
Committee
Recommendation 4.1.1
1. That
the Committee review recommendations to Council for the following sections of
a Shire-wide Transport Strategy:-
· Scope and
context
· Vision
· Principles
· Issues and
challenges
Management Recommendation
4.1.2
2. That
the Committee develop recommendations to Council for the following sections
of a Shire-wide Transport Strategy:-
· Targets and
desired outcomes
(Richardson/Ndiaye)
|
Confidential Reports -
Infrastructure Services
|
Report No. 16.4 Confidential - CONTRACT 2018-0015
SPS3004 and RM3004 Civil Works Upgrade Milton Street Byron Bay
File No: I2018/1306
|
18-472
|
Resolved:
1. That
Council award Tender 2018-0015 SPS3004 and RM3004 Civil Works Upgrade Milton
Street Byron Bay to Coffs Harbour City Council (Coastal Works) for the price
of $208,855 (exclusive of GST).
2. That
the project’s total budget allocation be adjusted to $330,000 for the
2018/2019 Financial year with funding provided from the available s64 Sewer
Fund.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That the report remains
confidential until the contract is finalised.
(Richardson/Ndiaye)
|
|
Report No. 16.5 Confidential - CONTRACT 2017-0060
Lighthouse Road Water Main Replacement Byron Bay
File No: I2018/1320
|
18-473
|
Resolved:
1. That
Council award Tender 2017-0060 Lighthouse Road Water Main Replacement Byron
Bay to FB Contracting Pty Ltd for the amount of $315,178.10 excluding GST.
2. That
the project’s total budget allocation be adjusted to $380,000 for the
2018/2019 Financial year with funding provided from the Water Fund S64
Contributions Reserve.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That the report remains
confidential until the contract is finalised.
(Richardson/Ndiaye)
|
STaff Reports – sustainable
Environment and Economy
|
Report No. 13.21 Submissions
Report on the Draft Integrated Pest Management Policy
File No: I2018/1333
|
18-474
|
Resolved that
Council defer item 13.21 until the next Ordinary Meeting of Council.
(Richardson/Hunter)
The motion was put to the vote and declared carried.
|
Notices
of Motion
|
Notice of Motion No. 9.1 Mayor's Discretionary
Allowance
File No: I2018/1150
|
18-475
|
Resolved:
1. That
Council confirm the following donation from the Mayor’s Discretionary
Allowance 2017/18:
Lone
Goat Gallery (Byron Bay Library Exhibition Space) - $750
2. That Council
advertise the donations in accordance with Section 356 of the Local Government
Act 1993
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
|
Notice of Motion No. 9.2 Native
Animal Awareness Roadside Signage
File No: I2018/1342
|
|
Moved:
1. That Council replace all the
“Declared Gas Free” signs on shire roads with “Native
Animal Awareness” signs alerting drivers for the need to slow down.
2. That
Council allocate a budget of $5,000 in the 2018/2019 financial year for the
purchase and installation of 'Native Animal Awareness' signs funded from the
Environment and Enforcement Levy Reserve.
(Hunter/Hackett)
AMENDMENT
|
18-476
|
Resolved:
1. That
Council allocate a budget of $5,000 in the 2018/2019 financial year for the
purchase and installation of native animal awareness' signs funded from the
Environment and Enforcement Levy Reserve subject to approval of the Transport
and Infrastructure Advisory Committee resolution 18-500
2. That
the TIAC and the Biodiversity Committee hold a workshop to consider future
approaches to managing wildlife protection in infrastructure planning.
(Ndiaye/Richardson)
The amendment was put to the vote and declared carried.
Cr Hunter voted against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
|
|
Notice of Motion No. 9.3 Motion
for change to Councillor remuneration and conditions
File No: I2018/1345
|
18-477
|
Resolved:
1. That
Council submit the following Motion to the LG NSW Annual Conference
That
LG NSW:
1. Continue
to make submissions to the NSW Remuneration Tribunal requesting maximum
permissible remuneration increases, whilst the NSW Public Sector wages policy
applies to Mayor and Councillors remuneration.
2. Lobby
for deletion of s242A from the Local Government Act 1993 (NSW).
3. Lobby
for inclusion in the Local Government Act 1993 (NSW) of provisions (similar
to those in s226 of the Qld Local Government Act 2009) requiring compulsory
superannuation for Mayors and Councillors at the rate equivalent to the rate
set out in the Superannuation Guarantee (Administration) Act 1992
(Cth).
2. That
Council write to relevant Ministers lobbying for changes to the Local
Government Act as set out above.
3. That
a draft submission to NSW Remuneration Tribunal for the Tribunal’s 2019
review be prepared based on the above and reported back to Council for
consideration prior to the submission due date of 30 January 2019.
(Ndiaye/Richardson)
The motion was put to the vote and declared carried.
Cr Hunter voted against the motion.
|
|
Procedural
Motion
|
18-478
|
Resolved:
That Cr Ndiaye be granted a two minute extension to her
speech.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
|
|
Notice of Motion No. 9.4 Support
for STEER and Voluntary Breath Testing
File No: I2018/1363
|
18-479
|
Resolved that Council:
1. Provide
written support for STEER and their voluntary breath testing initiatives
2. Write
to NSW Police, requesting the development and implementation of voluntary
breath testing guidelines
3. Provide
voluntary breath testing in Council owned venues and Council supported events
likely to involve the consumption of alcohol and driving
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Delegates'
Reports
There were no delegate’s reports raised during the
meeting.
Staff
Reports - Corporate and Community Services
|
Report No. 13.2 Local
Government NSW Annual Conference 2018
File No: I2018/832
|
|
Resolved authorise
the following Councillors to attend the Local Government NSW Annual
Conference 2018 to be held at the Entertainment Centre, Albury, held from 21
to 23 October 2018:
Cr Ndiaye, Cr Coorey, and Cr Cameron to attend as the
voting delegates.
(Cameron/Coorey)
Note: This item was
recommitted at Resolution 18-514.
|
COMMITTEE REPORTS - Corporate and
Community Services
|
Procedural
Motion
|
18-480
|
Resolved:
1. That
pursuant to Section 10A(2)(a) refer to relevant part of Act below) of the
Local Government Act, 1993, Council resolve into Confidential Session to
discuss the following report, namely (subject of report)
2. That
the reasons for closing the meeting to the public to consider this item be
that:
(a) personnel matters
concerning particular individuals (other than councillors)
(Richardson/Coorey)
The motion was put to the vote and declared carried.
|
|
Report No. 13.3 Report
of the Public Art Panel Extraordinary Meeting 15 May, adoption of
Public Art Strategy and nominees received for additional members to the
Public Art Panel
File No: I2018/926
|
18-481
|
Resolved that
Council:
1. Support
the Mullumbimby Gateway Sculptures – Repair, Refresh, Renew project in
principle, but note is does not currently have the funds to contribute to the
maintenance of the sculptures.
2. Adopt
the Public Art Strategy as presented noting that changes have been made to
incorporate feedback from the submissions received during the public
exhibition period.
3. Adopt
the revised Public Art Policy as presented noting that it reflects the
strategic approach to managing public art in Byron Shire, including the new
Public Art Strategy.
4. Appoint
Jack Dods and Kellie O’Dempsey to the Public Art Panel following the
recent advertising for additional Public Art Panel community members.
(Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-482
|
Resolved:
That Cr Hackett be granted a two minute extension to her
speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-483
|
Resolved:
That Council move into Committee to allow for free debate.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-484
|
Resolved:
That the meeting move out of confidential session.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-485
|
Resolved:
1. That
pursuant to Section 10A(2)(a) refer to relevant part of Act below) of the
Local Government Act, 1993, Council resolve into Confidential Session to
discuss the following report, namely Biodiversity Advisory Committee and
Sustainability & Emissions Reduction Advisory Committee – Community
Representatives
2. That
the reasons for closing the meeting to the public to consider this item be
that the matters and information that can be listed as confidential are the
following:
(a) personnel matters concerning particular individuals (other than councillors)
(Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
Report No. 13.5 Biodiversity
Advisory Committee and Sustainability & Emissions Reduction Advisory
Committee - Community Representatives
File No: I2018/1042
|
18-486
|
Resolved that Council:
1. Nominate
Margaret Greenway to the Biodiversity Advisory Committee.
2. Nominate
Anthony Pangallo to the Sustainability and Emissions Reduction Advisory
Committee.
3. Thank
all nominees for their interest and time in submitting an Expression of
Interest.
4. Update
the Constitutions for the Biodiversity and Sustainability and Emissions
Reduction Advisory Committee’s as required to allow for additional
membership subject to this resolution.
(Coorey/Richardson)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-487
|
Resolved that the meeting move out of confidential session.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Report No. 13.6 Section
355 Management Committees - resignations and appointments
File No: I2018/1161
|
18-488
|
Resolved:
1. That
the resignation of Jay Pearse from the Marvell Hall Management Committee be
accepted and a letter of thanks be provided.
2. That
Liz Poynton be appointed to the Marvell Hall Management Committee.
3. That
Michael Dowd be appointed to the Bangalow A&I Hall Board of Management.
4. That
the resignation of Robyn Bolden from the Ocean Shores Community Centre
Management Committee be accepted and a letter of thanks be provided.
5. That
Cr Lyon replace Cr Martin on the Ocean Shores Community Centre Management
Committee.
(Ndiaye/Cameron)
The motion was put to the vote and declared carried.
|
The meeting adjourned at 4:18pm and reconvened at 4:38pm.
|
Report No. 13.10 Amendment
of General Managers Delegation in respect of Legal Proceedings
File No: I2018/1287
|
18-489
|
Resolved:
1. That
Council revoke its previous delegations to the General Manager and adopt
Instrument of Delegation to the General Manager as per attachment 1
(E2018/56586)
2.
That a Strategic Planning Workshop to be held on 9th August reviews
Delegations as follows:
a) scope
and application of delegations.
b) enhanced
reporting of the application of delegations.
3. That
GM Delegations be reviewed regularly as determined by Council Resolution.
(Cameron/Coorey)
The motion was put to the vote and declared carried.
|
FORESHADOWED MOTION
18-490
|
Resolved that a Strategic Planning Workshop be held to
review and consider the Tender and Expression of Interest (EOI) process with
the following objectives:
a) informing
Councillors of the tender guidelines and processes.
b) considering
guidelines as to when Council needs to be involved in the development of a
brief.
c) considering
reporting requirements where a staff delegation is applied In the Tender/EOI
process.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
Procedural
Motion
|
18-491
|
Resolved:
1. That pursuant to
Section 10A(2)(a) refer to relevant part of Act below) of the Local Government
Act, 1993, Council resolve into Confidential Session to discuss the following
report, namely Northern Joint Regional Planning Panel (JRPP) -
community representatives.
2. That the reasons for closing the
meeting to the public to consider this item be that:
(a) personnel
matters concerning particular individuals (other
than councillors)
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-492
|
Resolved
that Council move into Committee to allow for free debate.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-493
|
Resolved that Council move out of Committee and resume the
Ordinary Meeting.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Report No. 13.14 Northern
Joint Regional Planning Panel (JRPP) - community representatives
File No: I2018/1350
|
18-494
|
Resolved:
1. That
Council nominate David Milledge and David Brown as the two full time
positions, with Joe Vescio as alternate for David Milledge and Cr Cameron as
alternate for David Brown, to represent Council on the Northern Joint
Regional Planning Panel.
2. That
Council thank all nominees for their interest and time in submitting an
Expression of Interest.
3. That
Council notify the Planning Panel Secretariat of the above nominations.
(Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
Report No. 13.19 Draft
Pest Animal Management Plan
File No: I2018/1312
|
18-495
|
Resolved that Council:
1. Note
the report on the draft Pest Animal Management Plan
2. Endorse
the draft Pest Animal Management Plan at Attachment 1 (E2018/61028) for
public exhibition for a period of 6-weeks from 9 August to 21 September 2018.
3. Note
current funds enable Council to meet its statutory requirements for managing
identified pest animals on Council managed land but will limit
Council’s capacity to continue undertaking wild dogs, foxes and feral
cats on private land.
(Ndiaye/Richardson)
The motion was put to the vote and declared carried.
|
Reports
of Committees - Infrastructure Services
|
Report No. 14.5 Report
of the Local Traffic Committee Meeting held on 26 June 2018
File No: I2018/1339
|
18-496
|
Resolved that Council note the minutes of the Local Traffic
Committee Meeting held on 26 June 2018.
(Cameron/Richardson)
The motion was put to the
vote and declared carried.
|
18-497
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 6.1 Request for one way signage - Ruskin Lane Byron Bay
File No: I2018/904
Committee
Recommendation 6.1.1
That Council note the comments
provided by the committee in relation to this request and that further advice
be provided to the committee as the DA 10.2017.510.1 process continues.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
18-498
|
Resolved that Council adopt the following Committee
Recommendation(s):
Report No. 6.2 Draft Constitution
for Local Traffic Committee
File
No: I2018/905
Committee
Recommendation 6.2.1
That the draft constitution
attached to this report be reviewed by members and the committee comments be
presented at the next committee meeting for adoption.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
18-499
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 6.3 Koala interactions
and speed advisory sign options for Granuaille Road Bangalow
File
No: I2018/970
Committee
Recommendation 6.3.1
That the committee note the
actions and recommendations from the Transport and Infrastructure Advisory
Committee in relation to wildlife signage and request the RMS undertake a
speed zone review on Granuaille Road.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
18-500
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 6.4 Bayshore &
Sunrise Roundabouts Linemarking & Signage
File
No: I2018/1097
Committee
Recommendation 6.4.1
That the Local Traffic Committee
endorse the Pavement Marking and Signage Plans for the Ewingsdale Road
roundabouts, including the additional changes at Sunrise Roundabout as
detailed below:-
a) Bayshore
Drive Pavement Marking and Signage Plan as amended by RMS as per Attachment 2
(#E2018/49110); and
b) Sunrise
Boulevard Pavement Marking and Signage Plan as amended by RMS and
incorporating additional comments as per Attachment 3 (#E2018/49111).
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
18-501
|
Resolved that Council
note the Committee Comments and adopt the following Committee Recommendation(s):
Report No. 6.5 Interim Actions to
Manage Traffic and Parking at Byron Bay Arts and Industrial Estates
File
No: I2018/1143
Committee
Comments
We note Council’s intention
to undertake Master plan planning process and ongoing transport corridor
studies.
Encourage business owners to
better manage their on-road parking and encourage businesses to have more
on-site parking.
Committee
Recommendation 6.5.1
1. That
LTC support Council’s action to implement short term traffic and
parking solutions within the Byron Arts and Industrial Estate through
appropriate signage and line marking.
2. That
Council consider funding and undertaking a movement and access study for the
Arts and Industrial Estate and adjacent industrial precincts.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
18-502
|
Resolved that Council note the Committee Comments and
adopt the following Committee Recommendation(s):
Report No. 7.1 Events - INGENUITY
Sculpturefest Mullumbimby - Brunswick Terrace Road Closure
File
No: I2018/1131
Committee
Comments
Detour down Gordon Street preferred.
Traffic Control Services to modify the TCP accordingly.
Committee
Recommendation 7.1.1
1. That
Council endorse the Creative Mullumbimby Inc. event, “ INGENUITY
Sculpturefest 2018”, to be held between 8:00am Monday 12 November
2018 and 5:30pm Monday 19 November 2018, that requires temporary road
closures and actions to control traffic on Mullumbimby roads, subject to
conditions at Brunswick Terrace from Burringbar Street to Tincogan Street.
2. That
the approval provided in Part 1 is subject to:-
a) submission
to Council and implementation of an appropriate Traffic Management Plan,
incorporating a modified Traffic Control Plan prepared by Traffic Control
Services Pty Ltd to extend the extent of the road closure to the intersection
of Burringbar and Gordon Streets, including the use of signed detours,
designed and implemented by those with appropriate accreditation;
b) that
the impact of the event be advertised via a notice in the local weekly paper a
minimum of one week prior to the operational impacts taking effect, noting it
must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints;
c) the
event be notified on Council’s webpage;
d) the
event organiser:-
i. undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns;
ii. undertake
consultation with emergency services and any identified issues addressed;
iii. hold
$20m public liability insurance cover which is valid for the event;
iv. pay
Council’s Road Event Application Fee prior to the event; and
v. provide
a debrief of the event to Council’s Traffic Engineer within two weeks
of the conclusion of the event.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
18-503
|
Resolved that Council
note the Committee Comments and adopt the following Committee Recommendation(s):
Report No. 7.2 Events -
Billinudgel Open For Business - Wilfred Street Road Closure
File
No: I2018/1142
Committee
Comments
Concerns about emergency vehicle
access, also issue of east/west through traffic access, noting the lack of an
alternate route. Consider closing one side of the street or a temporary
shared zone. Also issue of not using qualified traffic controllers.
Signage for northbound
motorway traffic be incorporated at the Brunswick Heads exit ramp.
Committee
Recommendation 7.2.1
1. That
Council endorse the Billinudgel Open for Business Festival to be held on 22
September 2018, that includes the temporary road closure below of Wilfred
Street Billinudgel from 12pm to 6pm.
2. That
the approval provided in Part 1 is subject to:
a) submission
to Council and implementation of a Traffic Management Plan incorporating
actions required by committee comments and Traffic Control Plans prepared by
Traffic Management Training Pty Ltd, including the use of signed detours, as
designed and implemented by those with appropriate accreditation. To legally
control traffic each RFS volunteer traffic controller will require a RMS
issued ‘Traffic Control’ ticket. The RFS volunteer traffic
controller supervisor must have a RMS issued ‘Implement Traffic Control
Zone’ ticket to set out signage as per the Traffic Control Plan.
b) that
the impact of the event be advertised via a notice in the local weekly paper
a minimum of one week prior to the operational impacts taking effect, noting
it must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints.
c) the
event be notified on Council’s webpage.
d) 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/Richardson)
The motion was put to the vote and declared carried.
|
18-504
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 7.3 Event - Chincogan
Charge, Mullumbimby - 8 September 2018
File
No: I2018/676
Committee
Recommendation 7.3.1
1. That
Council endorse the Chincogan Charge 2018 to be held on Saturday 8 September
2108 that requires temporary road closures and actions to control traffic on
Mullumbimby roads between 8:00am and 5:30pm, subject to conditions at:
a) Dalley Street - Burringbar Street to
Tincogan Street
b) Tincogan Street - Dalley Street to
Brunswick Terrace
c) Murwillumbah Road - Brunswick
Terrace to Coolamon Scenic Drive
d) Coolamon Scenic Drive – House
1913 to Murwillumbah Road
2. That
the approval provided in Part 1 is subject to:
a) submission
to Council and implementation of an appropriate Traffic Management Plan,
incorporating the Traffic Control Plan dated 9 April 2018 prepared by
Spinifex Recruiting, including provision for access for emergency services,
the use of signed detours, designed and implemented
by those with appropriate accreditation. To legally control traffic each RFS
volunteer traffic controller will require a RMS issued ‘Traffic
Control’ ticket. The RFS volunteer traffic controller supervisor
must have a RMS issued ‘Implement Traffic Control Zone’ ticket to
set out signage as per the Traffic Control Plan.
b) that
the impact of the event be advertised via a notice in the local weekly paper
a minimum of one week prior to the operational impacts taking effect, noting it
must include the event
name, specifics of any traffic impacts or road closures and times,
alternative route arrangements, event organiser, a personal contact name and
a telephone number for all event related enquiries or complaints
c) the
event be notified on Council’s webpage
d) the
event organiser:
i. undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns
ii. must
undertake consultation with emergency services and any identified issues
addressed including event notification to emergency services one week prior
to the event.
iii. hold
$20m public liability insurance cover which is valid for the event
iv. pay
Council’s Road Event Application Fee prior to the event
v. provide
a debrief of the event to Council’s Traffic Engineer within two weeks
of the conclusion of the event.
(Cameron/Richardson)
The motion was put to the vote and declared carried..
|
18-505
|
Resolved that Council
note the Committee Comments and Management Comments and NOT adopt the
following Committee Recommendation(s):
Report No. 7.4 Traffic Calming on
Broken Head Road
File
No: I2018/1144
Committee
Comments
The committee noted the issues,
no further action to be taken at this time. Investigate which Council
area owns the road section
Council to conduct speed counts
(outside the coffee plantation and along the long straight from the 2nd
coffee plantation).
The Council consider a road
safety audit and explore funding opportunities with RMS to improve road
safety.
Management
Comments
The area in question was
subsequently investigated by staff and found to be located within the Ballina
Shire LGA.
As a consequence RMS have been
notified that Council will not be proceeding with any of the matters
associated with this item.
Accordingly, Management
recommend, Council not adopt the Committee Recommendation.
Committee
Recommendation 7.4.1
That Council consider a road
safety audit and explore funding opportunities with RMS to improve road
safety at Broken Head Road, Newrybar.
(Cameron/Richardson)
The motion was put to the
vote and declared carried.
|
18-506
|
Resolved that Council
note the Committee Comments and adopt the following Committee Recommendation(s):
Report
No. 8.1 Bluesfest 2019 - Paid Parking
File
No: I2018/1082
Committee
Comments
The committee recommends
traffic management plans be submitted 4 months prior to the event.
Concerns about potential traffic
impacts on the motorway for future events and considers that a review of the
TMP and TCP be undertaken. The review to incorporate contingency plans to
rectify motorway congestion in the event such should occur.
Committee
Recommendation 8.1.1
1. That
paid parking at Bluesfest:-
a) Be
supported for Bluesfest 2019, with a review following the event within 2
months of the event.
b) If
no issues are raised by either the RMS, Police or Council that paid parking
be permitted as a permanent arrangement.
2. The
committee advises the proponent to incorporate these changes into future
TMP/TCPs and that these be lodged with Council at least 4 months prior to the
event.
(Cameron/Richardson)
The motion
was put to the vote and declared carried.
|
18-507
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 8.2 Beer and Cider
Festival
File
No: I2018/1081
Committee
Recommendation 8.2.1
That Council note the committee
comments.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
Confidential
Reports - Infrastructure Services
|
Procedural
Motion
|
18-508
|
Resolved:
1. That pursuant to
Section 10A(2)(d) refer to relevant part of Act below) of the Local Government
Act, 1993, Council resolve into Confidential Session to discuss the following
report, namely (subject
of report).
2. That the reasons for closing the
meeting to the public to consider this item be that:
(d) commercial
information of a confidential nature that would, if disclosed:
(i)
prejudice the commercial position of the person who supplied it, or
(ii)
confer a commercial advantage on a competitor of the council, or
(iii)
reveal a trade secret,
(Ndiaye/Cameron)
The motion was put to the vote and declared carried.
|
|
Report No. 16.1 Confidential - CONTRACT 2018-0017
Design & Construction of Sewer Rising Main RM3008 Replacement Pipeline -
Bangalow Road Byron Bay
File No: I2018/1308
|
18-509
|
Resolved:
1. That
Council award Tender 2018-0017 Design & Construction of Sewer Rising Main
RM3008 Replacement Pipeline to FB Contracting Pty Ltd for the amount of $
577,659 (excluding GST).
2. That
the project’s total budget allocation be adjusted to $700,000 for the
2018/2019 Financial year with funding provided from the Sewer Fund Capital
Works Reserve.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That the report remains
confidential until the contract is finalised.
(Coorey/Richardson)
The motion was put to the
vote and declared carried.
|
FORESHADOWED MOTION
|
Moved:
1. That
the planning for the Mullumbimby Inflow and Infiltration project will be
amended to include a Community Consultation and Engagement Plan.
2. That
the engagement plan incorporate deliberative democracy principles as outlined
in Report No 13.11 of Council’s 2 August 2018 Ordinary Meeting.
3. That
this proposal will be included in the next Mullumbimby Inflow and
Infiltration update report to the September 2018 Water Waste and Sewer
Advisory Committee meeting.
The motion was put to the vote and declared lost.
Crs Cameron and Coorey voted in favour of the motion.
Crs Richardson, Spooner, Hunter, Martin, Lyon, Ndiaye
and Hackett voted against the motion.
(Coorey/Cameron)
|
|
Report No. 16.2 Confidential - CONTRACT 2018-0010
Construction of the Azalea Street Sewer Rising Main Mullumbimby
File No: I2018/1307
|
18-510
|
Resolved:
1. That
Council award Tender 2018-0010 Construction of the Azalea Street Sewer Rising
Main Mullumbimby to FB Contracting Pty Ltd for the amount of $305,202 (ex
GST).
2. That
the project’s total budget allocation be adjusted to $370,000 for the
2018/2019 Financial year with funding provided from the Capital Works Reserve
of the Sewer Fund.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That the report remains
confidential until the contract is finalised.
(Coorey/Cameron)
The motion was put to the
vote and declared carried.
|
|
Report No. 16.3 Confidential - CONTRACT 2018-0026
SPS4001 New Rising Main and Pump Well Conversion Stuart Street Mullumbimby
File No: I2018/1305
|
18-511
|
Resolved:
1. That
Council award Tender 2018-0026 Stuart St Mullumbimby SPS4001 New Rising Main
and Pump Well Conversion be awarded to FB Contracting Pty Ltd for the amount
of $764,356 (ex GST).
2. That
the project’s total budget allocation be adjusted to $920,000 for the
2018/2019 Financial year with funding provided from 25% Reserves Sewer Fund
and 75% s64 Sewer Fund.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That the report remains
confidential until the contract is finalised.
(Coorey/Cameron)
The motion was put to the
vote and declared carried.
|
|
Procedural
Motion
|
18-512
|
Resolved:
That the meeting move out of confidential session.
(Ndiaye/Cameron)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-513
|
Resolved that the
vote on item 13.2 be recommitted.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Staff Reports - Corporate and
Community Services
|
No. 13.2 Local
Government NSW Annual Conference 2018
File No: I2018/832
|
18-514
|
Resolved that Council authorise the following Councillors to attend the
Local Government NSW Annual Conference 2018 to be held at the Entertainment
Centre, Albury, held from 21 to 23 October 2018:
Cr Ndiaye, Cr Coorey, and Cr Cameron to attend as the
voting delegates.
Cr Lyon to attend as a non-voting delegate.
(Ndiaye/Lyon)
The motion was put to the vote and declared carried.
|
There being no further business the meeting concluded at 5.20pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 23 August 2018.
….…………………………
Mayor Simon Richardson