Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 20 September 2018

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

20 September 2018

 

 

INDEX OF ITEMS DISCUSSED

 

The following items are listed in the order in which they were dealt with.

 

Report No. 11.1          Byron Shire Council Submissions and Grants as at 29 August 2018. 8

Report No. 13.1          Classification of Lots 188 DP 728535, Lot 1 DP 1159861 and Lot 138 DP 755722, (the former Mullumbimby Hospital site). 8

Report No. 13.2          Consolidation of 12 Lots in DP 4974 into two new Lots. 8

Report No. 13.3          Lease for Massinger Street treehouse. 8

Report No. 13.5          Report of the Public Art Panel Meeting 3 August,  including proposed amendments to the Public Art Chapter of the Development Control Plan. 9

Report No. 13.6          Investments August 2018. 9

Report No. 13.7          PLANNING - Development Application 10.2017.683.1 Stage 1: Boundary Adjustment Subdivision to Create Two (2) Lots and Demolition of Existing Swimming Pool. Stage 2: Alterations and Additions to Existing Dwelling House and New Driveway on Proposed Lot 1, New Dwelling House and Studio above Existing Garage on Proposed Lot 2 at 2 Tincogan Street, Mullumbimby. 9

Report No. 13.10       PLANNING - 26.2017.5.1 Planning Proposal to activate the Rail Corridor Byron Bay: Post Exhibition Report 10

Report No. 13.11       Report of the Planning Review Committee Meeting held on 9 August 2018. 10

Report No. 13.12       Local Heritage Places Grants 2018-19. 10

Report No. 13.13       PLANNING - Development Application 10.2018.233.1 Mobile Telecommunications Facility including 35 metre Monopole, Six (6) antennae and ancillary equipment at Wilsons Creek Road, Wilsons Creek. 10

Report No. 13.15       PLANNING - Development Application 10.2017.742.1 Alterations and Additions to Existing Dwelling House including New Swimming Pool and Spa, New Dwelling House to Create a Dual Occupancy (detached) and Two (2) Studios at 219 The Saddle Road Brunswick Heads  11

Report No. 13.21       Bayshore Drive Roundabout - Project Update. 12

Report No. 13.22       Suffolk Beachfront Holiday Park - Re-classification Planning for Permanent Residents  12

Report No. 13.24       Spelling Error of Historical Significance. 12

Report No. 13.25       Naming of 2 Unnamed Roads - Tims Lane in Broken Head and Blackwell Alley in Bangalow   12

Report No. 13.26       Renaming Northern Part of Granuaille Crescent on Bangalow Cemetery side of the Pacific Highway. 12

Report No. 13.28       Mullumbimby Skate Park. 13

Report No. 14.1          Report of the Audit, Risk and Improvement Committee Meeting held on 16 August 2018  13

Report No. 14.2          Report of the Finance Advisory Committee Meeting held on 16 August 2018. 14

Report No. 14.3          Report of the Transport and Infrastructure Advisory Committee Meeting held on 16 August 2018. 16

Report No. 16.1          CONFIDENTIAL - Grant of lease to Preferred Tenderer for the operation and management of the Byron tennis courts. 17

Report No. 16.3          CONFIDENTIAL - Reuse Irrigation. 18

Notice of Motion No. 9.1          Anti-Vaccination Groups. 18

Report No. 13.9          PLANNING - 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary Community Engagement 19

Report No. 13.16       Approval to Operate a Caravan Park and Camping Ground application under section 68 of the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve Holiday Park. 19

Report No. 13.18       PLANNING - DA2017.516.1 - Subdivison to Create 4 Lots,8 Coomburra Cr, Ocean Shores  20

Report No. 13.27       Mullumbimby Rugby League Club S64 Contributions. 21

Mayoral Minute No. 8.1            An Official Byron Shire Australia Day event that reflects an inclusive, reasonable and reflective Australia. 21

Notice of Motion No. 9.2          Drainage concern about stormwater flowing under Ewingsdale Road, from the Byron Industrial Estate. 22

Report No. 13.4          Election of Deputy Mayor 2018-2019. 23

Report No. 13.8          Bushfire Prone Land Mapping. 23

Report No. 13.14       Proposed Flying Fox Project Reference Group. 23

Report No. 13.17       Update - Byron Housing Roundtable and Residential Strategy. 24

Report No. 13.19       Suffolk Beachfront Holiday Park Dog Friendly Report 24

Report No. 13.20       Parking Time Changes in  Mullumbimby, Bangalow and Brunswick Heads -  Status Report 25

Report No. 13.23       Targa Restaurant Footpath Dining Application, 11 Marvell Street, Byron Bay. 25

Report No. 16.2          CONFIDENTIAL - Tender 2018-0018 - Multi Use Byron Shire Rail Corridor 26

Urgency No. 1            Matter of Urgency - In Principle Support for Drought Relief 27

Urgency No. 2            2018 LGNSW Conference Voting Delegates. 27

Urgency No. 3            Membership - Audit, Risk, and Improvement Committee. 27

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                   20 September 2018

 

 

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 20 September 2018 COMMENCING AT 9:04AM AND CONCLUDING AT 3:10PM

I2018/1747

PRESENT:   Cr S Richardson (Mayor), Cr B Cameron, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner

 

Staff:   Mark Arnold (General Manager)

            James Brickley (Acting Director Corporate and Community Services)

            Phil Holloway (Director Infrastructure Services)

            Shannon Burt (Director Sustainable Environment and Economy)

            Ralph James (Legal Counsel)

            Rob Van Iersel (Major Projects Planner) – item 13.9

            Peter Rees (Manager Utilities) – item 13.27

            Sharyn French (Manager Environmental and Economic Planning) – item 13.8

            Michael Matthews (Manager Open Spaces and Resource Recovery) – item 13.19

            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:

 

9.1         Anti-Vaccination Groups

 

Heidi Robertson on behalf of the Northern Rivers Vaccination Supporters addressed Council in favour of the recommendation.

 

John Anderson addressed Council against the recommendation.

 

13.13     PLANNING - Development Application 10.2018.233.1 Mobile Telecommunications Facility including 35 metre Monopole, Six (6) antennae and ancillary equipment at Wilsons Creek Road, Wilsons Creek

 

Stephen Toneguzzo on behalf of ECSFR addressed Council in favour of the recommendation.

 

13.9       PLANNING - 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary Community Engagement

 

Jack Dods addressed Council in favour of the recommendation.

 

13.16     Approval to Operate a Caravan Park and Camping Ground application under section 68 of the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve Holiday Park

 

Steve Edmonds on behalf of Reflections Holiday Parks addressed Council in favour of the recommendation.

 

Sean O’Meara on behalf of Brunswick Heads Progress Association and Asren Pugh addressed Council against the recommendation.

 

13.18     PLANNING - DA2017.516.1 - Subdivision to Create 4 Lots,8 Coomburra Cr, Ocean Shores

 

Bill Payne on behalf of Ardill Payne and Partners addressed Council in favour of the recommendation.

 

Olga Trez and Heidi Geotrost addressed Council against the recommendation.

 

13.27     S94 Contributions from Mullumbimby Leagues Club

 

Barry Stenner on behalf of Mullumbimby Rugby League Football Club addressed Council against the recommendation.

 

Submission No. 1 Potholes on Coolamon Ave Mullumbimby

 

Ivan Saric made a submission to Council regarding potholes on Coolamon Ave Mullumbimby.

 

Submission No. 2 Answer v Response

 

John Anderson made a submission to Council regarding what constitutes an answer versus a response.

 

Question No. 1

 

John Anderson asked the following question:

 

Is it the case that at some stage early on in your Mayoralty a developer or group of developers took you for a free helicopter ride over the shire to show you how much room there is for further development, and if so, why did you not declare this trip in the pecuniary interest register and is it true that you asked Hans Lovejoy to keep the trip off the public record?

 

Cr Richardson responded to the question:

 

No, therefore no, and no.

 

The meeting adjourned at 10.26am and reconvened at 10:52am.

 

13.13     PLANNING - Development Application 10.2018.233.1 Mobile Telecommunications Facility including 35 metre Monopole, Six (6) antennae and ancillary equipment at Wilsons Creek Road, Wilsons Creek

 

Kuda Dzinotizei and George Mikhael addressed Council against the recommendation.

 


 

Apologies

 

There were apologies received from Cr Coorey.

 

 

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 non-significant interest in Report 13.9. The nature of the interest being that he leases a residential property in the town centre. Cr Spooner elected to remain in the Chamber and will participate in discussion and the vote.

 

 

Tabling of Pecuniary Interest Returns

 

There were no Pecuniary Interest Returns tabled.

 

 

Adoption of Minutes from Previous Meetings

 

18-570

Resolved that the minutes of the following meetings be confirmed:

·        Ordinary Meeting held 23 August 2018

(Spooner/Hunter)

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. 13.4       Election of Deputy Mayor 2018-2019

 

Sustainable Environment and Economy

Report No. 13.8       Bushfire Prone Land Mapping

Report No. 13.9       PLANNING - 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary Community Engagement

Report No. 13.14     Proposed Flying Fox Project Reference Group

Report No. 13.16     Approval to Operate a Caravan Park and Camping Ground application under section 68 of the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve Holiday Park

Report No. 13.17     Update - Byron Housing Roundtable and Residential Strategy

Report No. 13.18     PLANNING - DA2017.516.1 - Subdivison to Create 4 Lots,8 Coomburra Cr, Ocean Shores

 

Infrastructure Services

Report No. 13.19     Suffolk Beachfront Holiday Park Dog Friendly Report

Report No. 13.20     Parking Time Changes in  Mullumbimby, Bangalow and Brunswick Heads -  Status Report

Report No. 13.23     Targa Restaurant Footpath Dining Application, 11 Marvell Street, Byron Bay

Report No. 13.27     Mullumbimby Rugby League Club S64 Contributions

 

Confidential Reports

 

General Manager

 

Sustainable Environment and Economy

Report No. 16.2       Confidential - Tender 2018-0018 - Multi Use Byron Shire Rail Corridor

 

Infrastructure Services

 

Late Reports

 

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 18-571 and concluding with Resolution No. 18-607.


 

SUBMISSIONS AND GRANTS

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 29 August 2018

File No:                        I2018/1698

 

18-571

Resolved that Council note the report and attachment (#E2018/74102) for the Byron Shire Council Submissions and Grants as at 29 August 2018.

(Richardson/Hunter)

 

 

Staff Reports - General Manager

 

Report No. 13.1           Classification of Lots 188 DP 728535, Lot 1 DP 1159861 and Lot 138 DP 755722, (the former Mullumbimby Hospital site).

File No:                        I2018/1598

 

18-572

Resolved that Council, having resolved to acquire Lots 188 DP 728535, Lot 1 DP 1159861 and Lot 138 DP 755722, (the former Mullumbimby Hospital site), by purchase from Health Administration Corporation, classify the land comprising Lots 188 DP 728535, Lot 1 DP 1159861 and Lot 138 DP 755722 as “operational land” under the Byron Local Environmental Plan.

(Richardson/Hunter)

 

 

Report No. 13.2           Consolidation of 12 Lots in DP 4974 into two new Lots

File No:                        I2018/1527

 

18-573

Resolved:

1.       That Council endorse the Consolidation of twelve (12) Lots into two (2) allotments with the first allotment to cover part of Lots 1-5 and the second allotment to cover all remaining land as per image 1 for the purposes of complying with condition 21 of development consent 10.2017.598.1.

 

2.      That Council allocate a budget of $8,000, with funding provided from the Property Development Reserve, to fund the work required for the consolidation of 12 lots in DP 4974 into two new lots.

(Richardson/Hunter)

 

 

Report No. 13.3           Lease for Massinger Street treehouse

File No:                        I2018/1685

 

18-574

Resolved:

1.       That Council consider all submissions received in attachment 4 (E2018/72737) from the public notice on the proposed lease to Ms Coppin over an unused portion of road reserve adjoining 77 Massinger Street Byron Bay; and

 

2.       That Council consider documents provided by Ms Coppin in attachments 1 to 3 (E2018/72552, E2018/72554, E2018/72557); and

 

3.       That Council delegate the General Manager authority to enter into a twelve month lease over the unused public road being that part of the public road adjoining the property at 77 Massinger Street Byron Bay in accordance with s153(1) of the Roads Act 1993 (NSW). 

(Richardson/Hunter)

 

 

Staff Reports – Corporate and Community Services

 

Report No. 13.5           Report of the Public Art Panel Meeting 3 August,  including proposed amendments to the Public Art Chapter of the Development Control Plan

File No:                        I2018/1436

 

18-575

Resolved that with respect to the Public Art Panel meeting held on 3 August 2018, Council:

1.       Note that the Public Art Panel has considered each artwork submission for the Brunswick Nature Sculpture Walk, for consistency with the Council’s Public Art Policy, Strategy and Guidelines and Criteria.

 

2.       Note that the event organisers have engaged structural engineers (Ardill Payne and Partners) to assess the installation of the artworks prior to the event opening and access by the general public.

 

3.       Accept the two proposed permanent artworks as a legacy of the Brunswick Nature Sculpture Walk - Allen Horstmanhoff’s Artefact of Things Past and the Labyrinth in the locations identified, noting that:

 

a)      an agreement has been reached with the artist for the Labyrinth that the artist will maintain the artwork once installed

 

b)      the judges for the permanent acquisition prize, to which Council contributed financially, include members of the Public Art Panel.

 

4.       Note that the Public Art Panel has recommended an amendment to Byron DCP 2014 Chapter D8 – Public Art.

 

5.       Receive a Strategic Planning Workshop to consider the proposed DCP amendment followed by a further report to Council.

(Richardson/Hunter)

 

 

Report No. 13.6           Investments August 2018

File No:                        I2018/1593

 

18-576

Resolved that the report listing Council’s investments and overall cash position as at 31 August 2018 be noted.

(Richardson/Hunter)

 

 

Staff Reports – Sustainable Environment and Economy

 

Report No. 13.7           PLANNING - Development Application 10.2017.683.1 Stage 1: Boundary Adjustment Subdivision to Create Two (2) Lots and Demolition of Existing Swimming Pool. Stage 2: Alterations and Additions to Existing Dwelling House and New Driveway on Proposed Lot 1, New Dwelling House and Studio above Existing Garage on Proposed Lot 2 at 2 Tincogan Street, Mullumbimby

File No:                        I2018/1049

 

18-577

Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application 10.2017.683.1 for Stage 1: boundary adjustment subdivision to create two (2) lots and demolition of existing swimming pool; Stage 2:alterations and additions to existing dwelling house, new dwelling house and studio above existing garage on proposed lot 2, be granted consent subject to the attached conditions of consent (#E2018/72625).

(Richardson/Hunter)

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

Nil voted against the motion.

 

 

Report No. 13.10         PLANNING - 26.2017.5.1 Planning Proposal to activate the Rail Corridor Byron Bay: Post Exhibition Report

File No:                        I2018/1408

 

18-578

Resolved:

That Council:

 

1.       Forward Planning Proposal 26.2017.5.1 to amend Byron LEP 2014, as exhibited and included at Attachment 1 (E2018/72385) to this report, to the Department of Planning and Environment requesting that a draft LEP be prepared.

 

2.       Advise the Department of Council’s view that the proposed amendment to Byron LEP 2014 should proceed despite the objection raised by the NSW Office of Environment & Heritage given that the amendments proposed do not impact on the need for future development to obtain approvals under the provisions of the Heritage Act 1977.

(Richardson/Hunter)

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

Nil voted against the motion.

 

 

Report No. 13.11         Report of the Planning Review Committee Meeting held on 9 August 2018

File No:                        I2018/1516

 

18-579

Resolved: That Council note the report of the Planning Review Committee meeting held on 9 August 2018.

(Richardson/Hunter)

 

 

Report No. 13.12         Local Heritage Places Grants 2018-19

File No:                        I2018/1518

 

18-580

Resolved:

1.       That Council receive the information in the report on Local Heritage Places Grants 2018-19 and endorse the funding recommendations made by the Heritage Panel on 30 August, 2018.

 

2.       That staff notify all of the grant applicants of Council’s decision.

(Richardson/Hunter)

 

 

Report No. 13.13         PLANNING - Development Application 10.2018.233.1 Mobile Telecommunications Facility including 35 metre Monopole, Six (6) antennae and ancillary equipment at Wilsons Creek Road, Wilsons Creek

File No:                        I2018/1564

 

18-581

Resolved: That Pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application 10.2018.233.1 for Mobile Phone Telecommunications Facility including 35 metre high monopole, six (6) antennae and ancillary equipment, be refused for the following reasons:

 

1.       Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposed development fails to comply with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007, having regards to its proximity existing overhead power lines.

 

2.       Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposed development is inconsistent with objective (d) of the 7(c) Water Catchment Zone as insufficient information has been provided to demonstrate that the use is appropriate in terms of conserving or enhancing the environmental amenity of the locality.

 

3.       Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposed development is inconsistent with Cause 40 (Height) of Byron LEP 1988 and the SEPP 1 Objection has failed to demonstrate that compliance with the development standard is unreasonable or or unnecessary in the circumstances of the case.

 

4.       Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development fails to satisfactorily address the environmental impacts of the proposal including impacts on threatened species, populations and ecological communities, nor does it meet the requirements under the Biodiversity Conservation Act 2016.

 

5.       Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is considered unsuitable for the proposed development having regards to the ecological values of the site and its proximity to surrounding properties.

 

6.       Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979 the proposed development is not in the public interest having regards to the level of community objection to the telecommunication tower. 

(Richardson/Hunter)

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

Nil voted against the motion.

 

 

Report No. 13.15         PLANNING - Development Application 10.2017.742.1 Alterations and Additions to Existing Dwelling House including New Swimming Pool and Spa, New Dwelling House to Create a Dual Occupancy (detached) and Two (2) Studios at 219 The Saddle Road Brunswick Heads

File No:                        I2018/1602

 

18-582

Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application 10.2017.742.1 for alterations and additions to existing dwelling house including new swimming pool and spa, new dwelling house to create dual occupancy (detached) and two (2) studios be granted consent subject to attached conditions.

(Richardson/Hunter)

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

Nil voted against the motion.


 

Staff Reports – Infrastructure Services

 

Report No. 13.21         Bayshore Drive Roundabout - Project Update

File No:                        I2018/1087

 

18-583

Resolved that the status report on the five components of the Bayshore Drive roundabout project be noted.

(Richardson/Hunter)

 

 

Report No. 13.22         Suffolk Beachfront Holiday Park - Re-classification Planning for Permanent Residents

File No:                        I2018/1393

 

18-584

Resolved that Council:

1.       Endorse the Project Plan (E2018/61386) and Communication Strategy (E2018/61762) for the current owners to transition to new site agreements and Regulation Compliance Program.

 

2.       Endorse that any new home owners enter a new agreement that will set site fees at “fair market value” as outlined in section 109 of Act and use the “Non-fixed Method” for future site fee increases and specify a term of agreement for no longer than 5 years.

 

3.       Transfers $20,000 from the Holiday Park Reserve to fund the implementation of the actions within the project plan and communication strategy.

(Richardson/Hunter)

 

 

Report No. 13.24         Spelling Error of Historical Significance "Hollingsworth" Lane should be "Hollingworth" Lane Mullumbimby

File No:                        I2018/1526

 

18-585

Resolved:

1.       That Council endorse the name change of “Hollingsworth” Lane to “Hollingworth” Lane Mullumbimby and send in the appropriate name change application “Erratum” to NSW Gazette to be published.

 

2.       That Council have the 3 already erected street signs changed with the new spelling “Hollingworth” Lane with costs to come out of the General Fund for Sign Maintenance.

(Richardson/Hunter)

 

 

Report No. 13.25         Naming of 2 Unnamed Roads - Tims Lane in Broken Head and Blackwell Alley in Bangalow

File No:                        I2018/1579

 

18-586

Resolved that Council accept into the Byron Shire Street Name Register Tims Lane, Broken Head and Blackwell Alley, Bangalow as official Gazetted names.

(Richardson/Hunter)

 

 

Report No. 13.26         Renaming Northern Part of Granuaille Crescent on Bangalow Cemetery side of the Pacific Highway

File No:                        I2018/1580

 

18-587

Resolved:

1.       That Council endorse the renaming of the Northern part of Granuaille Crescent on the Bangalow Cemetery side of the pacific highway to “Pioneers Crescent”.

 

2.       That the endorsed name be submitted to the NSW Geographical Names Board for concurrence, advertising and Gazettal in accordance with regulation requirements.

 

3.       That new street name signs be erected and funded from the General Fund for Sign Maintenance.

(Richardson/Hunter)

 

 

Report No. 13.28         Mullumbimby Skate Park

File No:                        I2018/1714

 

18-588

Resolved that Council allocate an additional $20,000 from developer contributions (s94) in the Mullumbimby Open Space account to fund the current funding shortfall for the lighting project upgrade at the Mullumbimby Skate Park.

(Richardson/Hunter)

         

 

Committee Reports – Corporate and Community Services

 

Report No. 14.1           Report of the Audit, Risk and Improvement Committee Meeting held on 16 August 2018

File No:                        I2018/1588

 

18-589

Resolved that Council note the minutes of the Audit, Risk and Improvement Committee Meeting held on 16 August 2018. 

(Richardson/Hunter)

 

18-590

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.1     Internal Activity & Progress Report - July 2018

File No: I2018/1270

 

Committee Recommendation 4.1.1

1.       That the Audit, Risk and Improvement Advisory Committee note the Internal Audit Activity Report – July 2018 (#E2018/67716).

 

2.       That the Audit, Risk and Improvement Advisory Committee note the updated Internal Audit Plan (#E2018/64849).

(Richardson/Hunter)

 

18-591

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.2     EPA Licence Audit Review

File No: I2018/1311

 

Committee Recommendation 4.2.1

1.       That the Audit, Risk and Improvement Committee note the Environmental Protection Authority (EPA) Controls internal audit review report.

 

2.       That the Audit, Risk and Improvement Committee request that management implement the recommendations made in the report identified as Confidential Attachment 1 (#E2018/64759).

 

3.       That the report and Confidential Attachment 1 of the closed part of the meeting remain confidential.

(Richardson/Hunter)

 

18-592

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.3     Business Continuity Management Strategy

File No: I2018/1310

 

Committee Recommendation 4.3.1

That the Audit, Risk and Improvement Advisory Committee:

 

1. Note the presentation on the draft Business Continuity Management Strategy.

 

2. Note the draft Business Continuity Management Strategy.

(Richardson/Hunter)

 

18-593

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.4     2018 Interim Audit Management Letter

File No: I2018/1358

 

Committee Recommendation 4.4.1

That the comments provided by Management in response to matters raised in the 2018 Interim Audit Management Letter be noted by Council.

(Richardson/Hunter)

 

 

Report No. 14.2           Report of the Finance Advisory Committee Meeting held on 16 August 2018

File No:                        I2018/1690

 

18-594

Resolved that Council note the minutes of the Finance Advisory Committee Meeting held on 16 August 2018. 

(Richardson/Hunter)

 

18-595

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.1     2017/18 Financial Sustainability Plan - Update on the Action Implementation Plan as at 30 June 2018

File No: I2018/942

 

Committee Recommendation 4.1.1

1.   That the update report to 30 June 2018 on the 2017/2018 Financial Sustainability Plan Action Implementation Plan (E2018/43656) be received and noted.

2.    That a separate Financial Sustainability Plan no longer be developed from the 2018/2019 financial year onwards as it will be incorporated into Council’s Long Term Financial Plan.

(Richardson/Hunter)

18-596

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2     Quarterly Update - Implementation of Special Rate Variation

File No: I2018/1442

 

Committee Recommendation 4.2.1

That the Finance Advisory Committee note the quarterly update on the Special Rate Variation Implementation as at 30 June 2018.

(Richardson/Hunter)

 

18-597

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.3     Carryovers for inclusion in the 2018/19 Budget

File No: I2018/1522

 

Committee Recommendation 4.3.1

That the Finance Advisory Committee recommend to Council to note:

That the works and services, and the respective funding shown in Attachment 1 (#E2018/66991) be carried over from the 2017/2018 financial year and that the carryover budget allocations be adopted as budget allocation revotes for inclusion in the 2018/2019 Budget Estimates.

(Richardson/Hunter)

 

18-598

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.4     Budget Review 1 April 2018 to 30 June 2018

File No: I2018/1524

 

Committee Recommendation 4.4.1

That the Finance Advisory Committee recommend to Council to note:

1.       That Council authorises the itemised budget variations as shown in Attachment 2 (#E2018/67079) which includes the following results in the 30 June 2018 Quarterly Review of the 2017/2018 Budget:

 

General Fund - $0 change in Unrestricted Cash Result

a)   General Fund - $9,795,300 increase in reserves

b)   Water Fund - $1,899,300 increase in reserves.

c)      Sewerage Fund - $3,461,600 increase in reserves

(Richardson/Hunter)

 

18-599

Resolved that Council adopt the following Committee Recommendation:

 

Report No. 4.5     2018/19 Annual Procurement Plan

File No: I2018/1533

 

Committee Recommendation 4.5.1

That the Finance Advisory Committee note the procurement savings achieved in 2017/18 and the proposed program for 2018/19 as per Attachment 1 (E2018/63063)

(Richardson/Hunter)

18-600

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.6     Long Term Financial Plan 2018-2028

File No: I2018/1540

 

Committee Recommendation 4.6.1

That the Finance Advisory Committee note:

 

1.       the Working Draft of the 2018-2028 Long Term Financial Plan as provided at Attachment 1 (#E2018/66626).

 

2.       that further work on the Draft 2018-2028 Long Term Financial Plan be undertaken with a further revision to be provided to the Finance Advisory Committee for consideration at its 15 November 2018 Meeting.

(Richardson/Hunter)

 

 

Committee Reports – Infrastructure Services

 

Report No. 14.3           Report of the Transport and Infrastructure Advisory Committee Meeting held on 16 August 2018

File No:                        I2018/1675

 

18-601

Resolved that Council note the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 16 August 2018. 

(Richardson/Hunter)

 

18-602

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.1     Transport Asset Management Plan - Customer Levels of Service Survey

File No: I2018/1315

 

Committee Recommendation 4.1.1

That:

 

1.       The Transport Customer Levels of Service Report is noted.

 

2.       Council pursues other mediums such as short videos/messages to continue to educate and engage with the community about customer levels of service, asset condition and challenges associated with the transport network as detailed in the draft Transport Asset Management Plan (TAMP).

 

3.       The Levels of Service detailed in the Transport Asset Management Plan (Section 4) are adopted in accordance with the requirements of the 2018/19 adopted Operations Plan, Action 1.1 (b).

 

4.       That the Transport and Infrastructure Advisory Committee continue to consider the Levels of Service issues such as: driver behaviour, lower speed limits, non-car owning road users, bus users, development of the Bike Strategy and Action Plan (Bike Plan) and Pedestrian Access and Mobility Plan (PAMP).

(Richardson/Hunter)

 

18-603

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.2     Flight Neighbourly Procedure Tyagarah

File No: I2018/1334

 

Committee Recommendation 4.2.1

That Council note the Fly Neighbourly Procedure for Tyagarah Airfield.

(Richardson/Hunter)

 

18-604

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.3     Status Update - Bike Plan and PAMP

File No: I2018/1520

 

Committee Recommendation 4.3.1

That Council note the status update on the development of the Bike Strategy and Action Plan (Bike Plan) and Pedestrian Access and Mobility Plan (PAMP).

(Richardson/Hunter)

 

18-605

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.4     2018/19 Local Roads Capital Works Program and 2019/20 to 2028/29 ten (10) year Capital Works Program - All Assets

File No: I2018/1523

 

Committee Recommendation 4.4.1

That Council note the actions taken in delivering the 2018/19 Local Roads Capital Works Program.

(Richardson/Hunter)

 

 

CONFIDENTIAL REPORTS – GENERAL MANAGER

 

Report No. 16.1           Confidential - Grant of lease to Preferred Tenderer for the operation and management of the Byron tennis courts

File No:                        I2018/1539

 

18-606

Resolved:

1.       That Council resolves to grant a five (5) year lease with a five (5) year option to renew for the operation and management of the Byron tennis courts in folio 444/28/758207 and located at the corner of Tennyson and Carlyle Streets Byron Bay to Andrew Bates Tennis Pty Ltd.

 

2.       That Council authorise the publication of the proposed grant of a five (5) year lease with a five (5) year option to renew for the operation and management of the Byron tennis courts to Andrew Bates Tennis Pty Ltd for a period of 28 days seeking public comment.

 

3.       That in the event no comments objecting to the grant of the lease are received, that Council delegate to the General Manager the authority to consider all submissions and enter into the lease referred to in 1 above.

 

4.       That in the event that objecting comments are received then Council make an application for the consent from the NSW Minister for Local Government for the lease, referred to in 1, to be granted.

(Richardson/Hunter)

 

 

CONFIDENTIAL REPORTS – Infrastructure Services

 

Report No. 16.3           Confidential - Reuse Irrigation

File No:                        I2018/1577

 

18-607

Resolved:

1.       That Council award Tender 2018-0025 Supply and Install In-ground Irrigation to Turf Irrigation Services.

 

2.       That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

(Richardson/Hunter)

 

 

Procedural Motion

18-608

Resolved that Council change the order of business to deal with Reports 9.1, 13.9. 13.16, 13.18, and 13.27 next on the Agenda.

(Richardson/Spooner)

The motion was put to the vote and declared carried.

 

 

notices of motion

 

Notice of Motion No. 9.1     Anti-Vaccination Groups

File No:                                  I2018/1699

 

 

Moved:

That Council:

1.       Does not accept bookings at any council facility from anti-vaccination groups or individuals, and in particular the Australian Vaccination Risks Network, formerly known as the Australian Vaccination Skeptics Network for the purposes of promoting an anti- vaccination message.

 

2.       Applies this restriction while ever the Public Warning issued by the Health Care Complaints Commission is in place.

(Spooner/Hackett)

The motion was put to the vote and declared lost.

Crs Cameron, Richardson, Ndiaye, Lyon, and Martin voted against the motion.

 

 

Staff Reports - Sustainable Environment and Economy

Cr Spooner  declared a non-pecuniary non-significant interest in this matter during the meeting. The interest being he leases a residential property in the town centre.  He elected to remain in the Chamber, participate in the discussion and vote.

 

 

Report No. 13.9           PLANNING - 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary Community Engagement

File No:                        I2018/1175

 

18-609

Resolved that Council:

1.    Forward the Planning Proposal at Attachment 1 (#E2018/72394) to the NSW Department of Planning and Environment for a Gateway Determination, to amend Byron Local Environmental Plan 2014 in relation to various town planning controls applicable to the Byron Bay Town Centre with the following amendments;

 

a.    delete and replace Section 2.2 Height of Buildings with the following:

       2.2 Height of Buildings

 1.   Amend the Height of Buildings Map by extending the area within the Byron Bay Town Centre that is subject to a maximum height of 11.5m, to include:

a)     the area bounded by Bay Lane to the north, Lawson Street to the south, Jonson Street to the west and Middleton Street to the east; and

b)     the area bounded by Kingsley Street to the north and Browning Street to the south, Jonson Street to the west and Middleton Lane and unnamed lane to the east.

 

b.    include backpackers accommodation as a permissible use in the B3 Core Business Zone.

 

2.       Agree that staff can proceed to public exhibition of the Planning Proposal and government agency consultation based on the Gateway Determination.

 

3.       For the purposes of community engagement, endorse the proposed amendment to Byron Development Control Plan 2014 at Attachment 2 (#E2018/72398), to introduce a new Chapter dealing with the Byron Bay Town Centre, to provide more detailed design and building height controls, together with the appropriate amendments to Part A of the DCP, and exhibit the draft Town Centre Chapter in conjunction with the Planning Proposal.

(Spooner/Hunter)

 

Cr Richardson left the Chambers at 11:32am.
Cr Cameron took the chair.

Cr Richardson returned to the Chambers at 11:35am and resumed the chair.

 

Cr Lyon left the Chambers at 11:45am

 

The motion was put to the vote and declared carried.

Crs Richardson, Spooner, Hunter, Martin, Ndiaye and Hackett voted in favour of the motion.

Cr Cameron voted against the motion.

Cr Lyon was not present for the vote.

 

Cr Lyon returned to the Chambers at 11:48am

 

 

Report No. 13.16         Approval to Operate a Caravan Park and Camping Ground application under section 68 of the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve Holiday Park

File No:                        I2018/1682

 

18-610

Resolved that Council grant approval under Chapter 7 of the Local Government Act, 1993 and the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulations 1995 to operate a caravan park or camping ground on the property known as The Terrace Reserve Holiday Park subject to the conditions in the staff compliance assessment report (Attachment 11 (#E2018/74849), with the inclusion of special condition Option B below, imposed on the use of the Southern Area Precinct where a coastal cypress pines community a known endangered ecological community is located.

OPTION  B

 

1.   No further use of or activity within the Southern Area Precinct - Coastal Cypress Pines Community is to occur from the date of the Approval to Operate and all existing infrastructure (except the existing amenities facility) is to be removed where it is deemed to be a safe option.  

(Ndiaye/Spooner)

The motion was put to the vote and declared carried.

 

 

Report No. 13.18         PLANNING - DA2017.516.1 - Subdivison to Create 4 Lots,8 Coomburra Cr, Ocean Shores

File No:                        I2018/1697

 

18-611

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 granted consent subject to conditions detailed in Attachment 2 #E2018/73142 with amendments to conditions 3(h), 6(e),(f) and (g), and 34 as highlighted below:

          3. Vegetation Management Plan

A Vegetation Management Plan must be must be prepared, submitted to and approved by Council prior to the issue of a Construction Certificate. Such plan must detail the location of trees and vegetation to be removed and the location of compensatory plantings in plan and word form at ratios indicated by Table 3: Compensation requirements of Byron DCP 2014 Chapter B2 (Preservation of trees and other vegetation). The plan must be include as a minimum:

 

a)      Planting List  - Bangalow Palms to be removed from the list and the following species included: Brush Box (Lophostemon confertus), Pink Bloodwood (Corymbia intermedia Tuckeroo (Cupaniopsis anarcardioides) Celery Wood (Polyscias elegans), Ribbonwood (Euroschinus falcatus), Guioa (Guioa semiglauca), Murrogun (Cryptocarya microneura), Scrub Turpentine (Rhodamnia rubescens), Scentless Rosewood (Synoum glandulosum subsp. glandulosum), Cheese Tree (Glochidion ferdinandi), Tree Heath (Trochocarpa laurina), Blackwood (Acacia melanoxylon) , Forest Oak (Allocasuarina torulosa),  Blueberry Ash (Eleaeocarpus reticulatus).

b)      Planting Design – a discrete area totalling 800m2 or greater must be defined outside any development impact area,footprint or building envelope.

c)      Propagule Selection – local native nurseries to provide stock.

d)      Implementation Schedule – planting must commence upon issue of the construction certificate and be maintained in good health in perpetuity.

e)      Performance Criteria – 100% survival of planted stock, replacement of any dead plants.

f)       Monitoring and Evaluation – against performance criteria.

g)      Adaptive Management – with Council approval.

h)      Reporting Requirements – annually to Council for a five year period

 

6e)    Slope Adjustment

Lot 3 slope stability works in accordance with the approved plan and the Geotechnical Stability Report (Ref. No. 181147/1-B, Dated: 17 May 2018) undertaken by Shaw:Urquhart and any subsequent geotechnical site investigation. Plans to include notes to ensure works are carried out, supervised and certified as Controlled Fill in accordance with the requirements of the current Australian Standards AS 3798. Lot 3 to be brought into an Unlikely Risk Category for land slip/ subsidence.

 

f)       Retaining walls

Retaining walls with adequate provision for drainage including collection of ground water/ subsurface water and to be connected to the proposed inter-allotment drainage system.

 

34.     Geotechnical Report (Lot Classification)

A certificate from a practicing Geotechnical Engineer must be provided in conjunction with a Lot Classification Report prepared in accordance with Australian Standard AS2870.1. Such certificate must certify that all vacant allotments have a building site of adequate size and shape on each lot with an Unlikely Risk Category from slip or subsidence.

(Lyon/Ndiaye)

 

Cr Ndiaye left the Chambers at 11:54am.

 

The motion was put to the vote and declared carried.

Crs Richardson, Cameron, Spooner, Hunter, Martin, Lyon and Hackett voted in favour of the motion.

Nil voted against the motion.

Cr Ndiaye was not present for the vote.

 

Cr Ndiaye returned to the Chambers at 11:56am.

 

 

 

Staff Reports – INFRASTRUCTURE SERVICES

 

Report No. 13.27         Mullumbimby Rugby League Club S64 Contributions

File No:                        I2018/1703

 

18-612

Resolved:

1.       That Council levy s64 contributions due to be paid by the Mullumbimby Rugby League Club for DA 10.2016.125.1, but at 50% of the 2004 rate to be paid over a 10 year period.

 

2.       That Council enter into negotiations with the Mullumbimby Rugby League Club to supply recycled water to the site to a dual reticulation standard as a part of the Main Arm Recycled Water Scheme.

 

3.       That the he cost of supplying the recycled water to the site to be borne by Council (Water and Sewer s64 Funds)

 (Hunter/Ndiaye)

The motion was put to the vote and declared carried.

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       An Official Byron Shire Australia Day event that reflects an inclusive, reasonable and reflective Australia

File No:                                  I2018/1712

 

18-613

Resolved that Council:

1.       Hold its Australia Day event on 25 January

 

2.       Invite local custodians to assist in the development and management of the event

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Crs Hackett, Spooner, and Hunter voted against the motion.

 

 

Procedural Motion

18-614

Resolved that Cr Spooner be granted a two minute extension to his speech.

(Richardson/Hackett)

The motion was put to the vote and declared carried.

 

 

Procedural Motion

18-615

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.

 

 

Procedural Motion

18-616

Resolved that Cr Richardson be granted a two minute extension to his speech.

(Ndiaye/Cameron)

The motion was put to the vote and declared carried.

 

 

Notices of Motion

 

Notice of Motion No. 9.2     Drainage concern about stormwater flowing under Ewingsdale Road, from the Byron Industrial Estate

File No:                                  I2018/1700

 

18-617

Resolved that, in relation to drainage concerns raised by Belongil residents south of Ewingsdale Road, Council:

a)      undertake an immediate review of current and possible drainage paths for catchments leading to land at Melaleuca Drive and the Bayshore Drive intersection and investigate options for alleviating or removing impacts and report to the October 2018 Council meeting;

 

b)      prepare a "Belongil Catchment Issues Study” with the goal of then preparing a Belongil Catchment Management Plan that addresses, amongst other issues, that of drainage south of Ewingsdale Road and whether fill over large areas will not cause waterlogging downstream;

 

c)      allocate $30,000 to prepare Belongil Catchment Issues Study for presentation to Council in February 2019.

(Hackett/Cameron)

The motion was put to the vote and declared carried.

 

 

Procedural Motion

18-618

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.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.4           Election of Deputy Mayor 2018-2019

File No:                        I2018/1360

 

18-619

Resolved that Council extend the period of Deputy Mayor to the October 2018 meeting and defer the election of a new Deputy Mayor to the next meeting of Council.

(Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Cr Spooner and Hunter voted against the motion.

 

The meeting adjourned at 12:51pm for a lunch break and reconvened at 1:57pm.

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.8           Bushfire Prone Land Mapping

File No:                        I2018/1122

 

18-620

Resolved that Council submit the Bush Fire Prone Land Map (Attachment 1 - E2018/16059) to NSW Rural Fire Services for the Commissioner’s certification.

(Ndiaye/Richardson)

The motion was put to the vote and declared carried.

 

The meeting adjourned at 2:00pm for Reserve Trust and reconvened at 2:12pm.

 

 

 

Report No. 13.14         Proposed Flying Fox Project Reference Group

File No:                        I2018/1599

 

18-623

Resolved that Council:

1.       Appoint the nominated eight (8) community members (Attachment 1 - E2018/70597), one (1) wildlife carer representative and one (1) representative each from the Office of Environment & Heritage and the Department of Industry Crown land to the Flying-fox Project Reference Group.

 

2.       Appoint Cr Hunter to the Flying-fox Project Reference Group.

 

3.       Staff continue to identify two (2) community representatives from Butler Reserve camp in Byron Bay.

 

4.       Support the draft Flying Fox Project Reference Group Constitution (Attachment 2 - E2018/69378) to be further considered  and reviewed at the first Flying-fox Project Reference Group meeting in September / October 2018 and to provide for measurable outcomes to support the Flying Fox Camp Management Plan implementation.

(Hunter/Spooner)

The motion was put to the vote and declared carried.

 

 

 

 

Report No. 13.17         Update - Byron Housing Roundtable and Residential Strategy

File No:                        I2018/1691

 

18-624

Resolved:

1.       That Council note the update provided by staff on the progress made towards the agreed next steps the result of the Byron Housing Roundtable held 5 July 2018.

 

2.       That Council note that a draft Residential Strategy will be presented to Council by the end of the year inclusive of a Charrette being held in November as discussed in the report including up to 7 community and or business/ tourism industry sector representatives as nominated by Councillors and discussed at the next Strategic Planning Workshop.

 

3.       That Council allocate an additional $1,500 to the Residential Strategy Budget to create a total budget of $20,000 to fund the estimated cost of the Charrette with funding sourced from the Land and Natural Environment Reserve.

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.19         Suffolk Beachfront Holiday Park Dog Friendly Report

File No:                        I2018/1269

 

 

Moved that Council:

1.       Send the staff report in 13.19 to the Biodiversity Advisory Committee for assessment on potential impacts of the change in status of the Suffolk Beachfront Holiday Park to a Dog Friendly Park on the surrounding environment

 

2.       Receive a report on the amount of known compliance issues with guests and residents during the trial including but not limited to their method of access to the beach.

(Lyon/Richardson)

 

AMENDMENT

 

18-625

Resolved:

1.       That Council adopt Suffolk Beachfront Holiday Park as a Dog Friendly Park in accordance with the dog friendly site map, during off peak times

 

2.       Request that the Biodiversity Advisory Committee provide an assessment on potential impacts of the change in status of the Suffolk Beachfront Holiday Park to a Dog Friendly Park on the surrounding environment

 

3        That Council increase ranger patrols in this area, as per availability, to ascertain any increased non-compliance

(Spooner/Hackett) .

The amendment was put to the vote and declared carried.

Crs Lyon, Richardson  voted against the amendment.

 

The amendment upon becoming the substantive motion was put to the vote and declared carried

Crs Lyon, Richardson  voted against the motion.

 

 

Report No. 13.20         Parking Time Changes in  Mullumbimby, Bangalow and Brunswick Heads -  Status Report

File No:                        I2018/1437

 

18-626

Resolved:

1.       That Council note the status and proposed actions relating to the parking schemes in Mullumbimby, Bangalow and Brunswick Heads

 

2.       That Council receive a further report detailing the performance review of the parking schemes at Mullumbimby, Bangalow and Brunswick Heads at the April 2019 Council meeting.

 

3.       That within the current inactive zones associated with current parking layouts and existing kerb blisters, Council undertake a 12 month trial to provide free motorcycle and scooter parking spaces in the following:

1.       Western edge of the beach front car park at the north end of Jonson St.

2.       On southern edge of Bay St in front of the Beach Hotel.

3.       The eastern end of Lateen Lane (aka Lawson Lane in Google maps)

4.       Council car park at the north end of Middleton St.

 

4.       That the current parking spaces for motorbike / scooter parking in Wategos be provided free of charge during the trial

 (Richardson/Spooner)

The motion was put to the vote and declared carried.

 

 

Report No. 13.23         Targa Restaurant Footpath Dining Application, 11 Marvell Street, Byron Bay

File No:                        I2018/1435

 

18-627

Resolved that Council not grant landowners consent for Footpath Dinning, until the following has occurred:

a)      Consultation with Byron Bay Masterplan Guidance Group and modified decking design in accordance with guidance group recommendations.

 

b)      The applicant has submitted plans and documentation detailing how they will comply with and manage Council’s Policy 4.20 - Building Over Pipelines and Other Underground Structures.

 

c)      The applicant has submitted plans and documentation in relation to relocation of traffic and parking signage in conflict with the deck including details of the final signage locations and Council has indicated it is in agreement with the proposed relocations.

 

d)      The applicant to agree in writing to make payment to Council for the cost of Council to relocate traffic and parking signage and any other associated works prior to any other work being carried out on site by the applicant.

 

e)      The applicant prepare a landscape plan that incorporates some of the unused kerb space to ensure no net loss of green space in the immediate precinct.

(Richardson/Spooner)

The motion was put to the vote and declared carried.

 

 

 

 

Confidential Reports - Sustainable Environment and Economy

 

Report No. 16.2           Confidential - Tender 2018-0018 - Multi Use Byron Shire Rail Corridor

File No:                        I2018/1676

 

 

Moved:

1.       That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, Tender 2018-0018 - Multi Use Byron Shire Rail Corridor are to be treated as confidential as they relate to matters specified in s10A(2)c) and s10A(2)(d)i) of the Local Government Act 1993.

 

2.       That Council not adopt the recommendation set out on the final page of the Report

 

3.       That Council not increase the project budget for the Multi Use of the Byron Rail Corridor by an additional $50,000 funded from the Infrastructure Renewal Reserve – Byron Bay that would specifically be raised through paid parking fees collected in Byron Bay.

 

The motion was put to the vote and declared lost.

Crs Martin, Ndiaye, Lyon, Richardson, Cameron voted against the motion.

 (Spooner/Hackett)

 

FORESHADOWED MOTION

 

18-628

Resolved:

1.       That Council award Tender 2018 – 0018 for the Multi Use Byron Shire Rail Corridor (Bangalow to Yelgun) to Arcadis Australia Pacific Pty Ltd.

 

2.       That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005

 

3.       That Council increase the project budget for the Multi Use of the Byron Rail Corridor by an additional $50,000 funded from the unrestricted cash balance.

(Richardson/Cameron)

The motion was put to the vote and declared carried

Crs Hackett, Spooner, and Hunter voted against the motion..

 

 

URGENCY MOTION

 

Procedural Motion

18-629

Resolved that the matter of ‘In Principle Support for Drought Relief’ be dealt with as a matter of urgency due to the dire financial and economic conditions faced by those who will be recipients of the assistance.

(Richardson/Lyon)

The motion was put to the vote and declared carried.

 

 

 

 

No. Urgency No. 1      Matter of Urgency - Matter of Urgency - In Principle Support for Drought Relief

 

18-630

Resolved that Council:

1.       Provide in-principle support for the request for financial assistance to the Mullumbimby Rural co-operative Society for Drought relief; and

2.       Allocate a budget of $3,000 in the 2018/2019 financial year funded from the current 2018-2019 Budget surplus $15,800

(Richardson/Lyon)

The motion was put to the vote and declared carried.

 

 

Procedural Motion

18-631

Resolved that Council consider this a matter of urgency as the conference will be held prior to the next Ordinary Meeting of Council.

(Lyon/Ndiaye)

The motion was put to the vote and declared carried.

 

 

Urgency No. 2             Matter of Urgency - 2018 LGNSW Conference Voting Delegates

 

18-632

Resolved that Council rescind resolution 18-515 to amend the 2018 LGNSW Annual Conference voting delegates to Cr Ndiaye, Cr Lyon, and Cr Cameron.

(Lyon/Ndiaye)

The motion was put to the vote and declared carried.

 

 

Procedural Motion

18-633

Resolved that Council consider this matter as urgent as the next meeting of the Audit, Risk, and Improvement Committee is 11 October 2018, prior to the next Ordinary Meeting of Council.

(Lyon/Ndiaye)

The motion was put to the vote and declared carried.

 

 

Urgency No. 3             Matter of Urgency - Membership - Audit, Risk, and Improvement Committee

 

18-634

Resolved that Cr Simon Richardson be replaced by Cr Michael Lyon as a representative on the Audit, Risk, and Improvement Committee.

(Lyon/Ndiaye)

The motion was put to the vote and declared carried.

 

 

There being no further business the meeting concluded at 3:10pm.

 

 

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 18 October 2018.

 

 

….…………………………

Mayor Simon Richardson