Minutes
Ordinary Meeting
Thursday, 13 December 2018
Minutes
Ordinary Meeting
Thursday, 13 December 2018
BYRON SHIRE COUNCIL
Minutes
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 30 November 2018
Report No. 13.1 Proposed lease to Bangalow Community Children's Centre Inc
Report No. 13.2 Revised Draft Community Engagement Policy
Report No. 13.3 Disaster Dashboard Website
Report No. 13.5 Meeting Schedule 2019
Report No. 13.6 Review of Mullumbimby Outside School Hours Care Service
Report No. 13.7 Investments - 1 November to 28 November 2018
Report No. 13.13 Report of the Planning Review Committee Meeting held on 25 October 2018
Report No. 13.15 PLANNING - Strategic Planning Projects Update
Report No. 13.19 Australian Tourism Councils Advocacy Group Update Report
Report No. 14.2 Report of the Finance Advisory Committee Meeting held on 15 November 2018
Report No. 14.3 Report of the Biodiversity Advisory Committee Meeting held on 15 October 2018
Report No. 14.4 Report of the Local Traffic Committee Meeting held on 22 November 2018
6.1 Events - Anzac Day 2019 - Road Closures in Byron, Mullumbimby, Brunswick Heads, Bangalow
6.2 Events - Bangalow Christmas Eve Carnival 2018 - Road Closure
6.3 Events - Ballina to Byron Bay Coastal Charity Walk 26 May 2019
6.4 Events - Byron Bay Bluesfest 2019
6.5 Events - Mullum2Bruns Paddle 2019
6.6 Endorsement of no entry signage associated with driveway crossing under S138 of the Roads Act
6.7 Ewingsdale Road Roundabouts - Lane Modifications.
7.1 Bangalow Primary School - Parking, Traffic and School Zone Management
7.2 Yelgun Rest Area - Parking for Driver Reviver Volunteers
7.3 Mercato Car Park - Concept Temporary Access
Report No. 16.2 CONFIDENTIAL - PLANNING - Byron Arts and Industry Estate Precinct Planning
Petition No. 10.1 Clothes Optional Tyagarah Beach
Report No. 13.14 Draft Byron Residential Strategy
Notice of Motion No. 9.1 Cycle Racks for Mullumbimby
Notice of Motion No. 9.3 Funding for Tyagarah beach cameras resolution No. 18-698
Report No. 13.11 24.2018.48.1 Amendment to Byron DCP 2014: Chapter D8 - Public Art
Report No. 13.16 Draft Emissions Reduction Strategy - Endorsement for Public Exhibition
Report No. 13.18 Update on Voluntary Visitor Fund
Report No. 13.20 Open Space and Recreation Needs Assessment and Action Plan
BYRON SHIRE COUNCIL
Minutes
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 13 December 2018 COMMENCING AT 9:12AM AND CONCLUDING AT 4:04PM
I2018/2322
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)
Vanessa Adams (Director Corporate and Community Services)
Tony Nash (Acting Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Chloe Dowsett – (Coastal and Biodiversity Coordinator) - item 13.10
Steve Daniels – (Project Officer - Planning) – item 13.11
Michael Matthews–(Manager Open Spaces & Resource Recovery)-item 13.20
Heather Sills (Minute Taker)
The Mayor opened the meeting and acknowledged the Traditional Owners of the land, the Arakwal of the Bundjalung and paid respects to Elders past and present, and extended that respect to the Midjungbul people to the north and the Widjabal people to the west and all the Aboriginal people gathered at the meeting.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
9.2 Proposed Department of Planning approval of North Byron Parklands Cultural Events Site
Denise Nessel addressed Council in favour of the recommendation.
John Anderson addressed Council against the recommendation.
10.1 Clothes Optional Tyagarah Beach
Gyan Moyes addressed Council in favour of the recommendation.
13.12 Barrio Eatery and Bar - Update on Compliance with Direction to Take Preventative Action
Abel East on behalf of Bayshore Development addressed Council in favour of the recommendation.
David Dixon on behalf of Strata Committee - Bayshore Apartments addressed Council against the recommendation.
13.14 Draft Byron Residential Strategy
Jacky Morris and Kelvin Daly on behalf of Bruns Eco Village Aspiring Residents and Community Development Group addressed Council against the recommendation.
16.1 CONFIDENTIAL - Grant of three year lease over 25 Staceys Way Tyagarah known as the Tyagarah Hall to the preferred Respondent
Matthew O’Reilly on behalf of CABS addressed Council against the recommendation.
Submission No. 1 - Nature Recovery Proposal
Veda Turner on behalf of Byron Environment Alliance made a submission to Council regarding a nature recovery proposal.
Submission No. 2 - Correct Record of Legal Proceedings
Paul Jones on behalf of Butler Street Community Network made a submission to Council regarding the correct record of legal proceedings.
Submission No. 3 - Transparency
John Anderson made a submission to Council regarding transparency.
Question. 1
John Anderson asked the following question:
Given that in my experience extracting information from Council under F.O.I regarding bio-banking arrangements for the Butler Street bypass has been like trying to remove impacted wisdom teeth, and given that Council has already spent well over ½ million dollars in legal costs on this project, is Ralph James, Council’s Legal Council, prepared to put his professional reputation on the line and to demonstrate his bona fides by:
1. Immediately making available to me or the Butler Street objectors all documents relating to the fulfilment of consent conditions as orally reported by senior staff.
2. Declare on the record that all consent conditions have been met beyond any prospect of reasonable legal challenge, or that they will be met prior to the commencement of work?
Council’s Legal Counsel, Ralph James, provided the following response:
Part 1 - The Butler Street Community Network has been in possession of all documents relevant to the granting of Development Consent for almost 18 months. This includes bio-banking documents.
The network attended the LEC hearing. It heard the evidence and cross examined witnesses, including Council’s bio-banking expert.It was made fully aware of Council’s case. It was also made aware, at the hearing, of Council’s suggested consent conditions.
Any additional requests for documents must be made pursuant to the provisions of the Government Information (Public Access) Act.
Part 2 - Council has the benefit of a lawful development consent. Council, like any other beneficiary of a development consent, is legally obliged to comply with consent conditions as granted or subsequently lawfully varied.
Question. 2
Paul Jones asked the following question:
The proposed bus transit station is now being located and designed on the rail corridor in the approximate location our community organisation identified and lobbied for. We are immediate neighbours to the proposal and have made formal requests to the Council and Transport NSW to be consulted on the design development. We have now received the plans shown here without any notice or involvement. Contrary to our proposal on the rail corridor this plan implies serious impacts on our neighbourhood, including noise, air pollution, vibration and light pollution not to mention heritage impacts. The heritage water tower is almost circled, and you can see the heritage water tower there. The heritage water tower is almost circled by buses right adjacent to it, potential for a park like setting for this landmark is ruined and the proximity of buses circling will cause vibration impacts and render the area inhospitable. Buses will circle at a 1m raised embankment opposite residential homes; this will greatly exacerbate noise and pollution. Due to the proximity and limited opportunity vegetation screen will have little effect. Obviously our community also wants the bypass on the rail corridor but this should not rule out our involvement for potential for flexible design solution. Butler Street Community Network has asked a question of Council, how can we be engaged in this process?
Cr Ndiaye left the Chamber.
The meeting adjourned at 10:15am and reconvened at 10:36am.
There were no apologies.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a pecuniary interest in Report 9.2 – North Byron Parklands Cultural Event Site. The nature of the interest being that his employer, Byron Bay Community Association has received a donation from the Falls Festival for Soul Street and First Sun events for the past 5 years. Cr Spooner elected to leave the Chamber and will not participate in discussion and the vote.
Cr Ndiaye declared a pecuniary interest in Report 14.4 – Local Traffic Committee Events – Byron Bluesfest. The nature of the interest being that she works onsite in the photography management at Bluesfest but I am not in anyway impacted by the traffic plan. Cr Ndiaye 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 Vanessa Adams, Rebecca Mercer, and Anthony Maguire.
Adoption of Minutes from Previous Meetings
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Resolved that the minutes of the following meetings be confirmed: · Byron Shire Reserve Trust Committee held 22 November 2018 · Ordinary Meeting held 22 November 2018 (Spooner/Richardson)
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
Report No. 13.4 Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018
Sustainable Environment and Economy
Report No. 13.8 PLANNING - 24.2018.64.1 - Development Control Plan (DCP) 2010 Chapter 17 and 2014 Part A amendments - public exhibition and notification of development applications
Report No. 13.10 Modification of the Jonson Street Protection Works (Main Beach) - Defining Project Objectives
Report No. 13.11 24.2018.48.1 Amendment to Byron DCP 2014: Chapter D8 - Public Art
Report No. 13.12 Barrio Eatery and Bar - Update on Compliance with Direction to Take Preventative Action
Report No. 13.14 Draft Byron Residential Strategy
Report No. 13.16 Draft Emissions Reduction Strategy - Endorsement for Public Exhibition
Report No. 13.18 Update on Voluntary Visitor Fund
Infrastructure Services
Report No. 13.20 Open Space and Recreation Needs Assessment and Action Plan
Confidential Reports
General Manager
Report No. 16.1 Confidential - Grant of three year lease over 25 Staceys Way Tyagarah known as the Tyagarah Hall to the preferred Respondent
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. 18-780 and concluding with Resolution No. 18-817.
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Report No. 13.2 Revised Draft Community Engagement Policy File No: I2018/2288
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Resolved that Council adopt the Community Engagement Policy E22018/67564. (Richardson/Hunter) |
Staff Reports - Corporate and Community Services
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Report No. 13.6 Review of Mullumbimby Outside School Hours Care Service File No: I2018/2179
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1. That Council notes the increase to enrolment numbers from 4.85 to 6 children per day for After School Care
2. That Council notes the commitment and support from the Principal of Mullumbimby Public School to provide OSHC services at the school
3. That Council renews its Department of Education Licence for a further period of 12 months from 1 January 2019, and continues to work with Mullumbimby Public School and other schools in the local area to grow enrolments (Richardson/Hunter)
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Report No. 13.7 Investments - 1 November to 28 November 2018 File No: I2018/2295
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Resolved that the report listing Council’s investments and overall cash position as at 28 November 2018 be noted. (Richardson/Hunter) |
Staff Reports – Sustainable Environment and Economy
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Report No. 13.9 PLANNING - 26.2016.6.1 - Update on Planning Proposal for The Farm - Voluntary Planning Agreement File No: I2018/1409
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Resolved that Council note the update to the Planning Proposal for The Farm in relation to the Voluntary Planning Agreement. (Richardson/Hunter) |
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Report No. 13.13 Report of the Planning Review Committee Meeting held on 25 October 2018 File No: I2018/2161
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Resolved that Council note the report of the Planning Review Committee meeting held on 25 October 2018. (Richardson/Hunter) |
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Report No. 13.15 PLANNING - Strategic Planning Projects Update File No: I2018/2187
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Resolved that Council note the status, next steps and target completion dates for the key projects identified in this report. (Richardson/Hunter) |
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Report No. 13.17 PLANNING - 10.2018.237.1 Dwelling House and three swimming pools at 168 Grays Lane Tyagarah File No: I2018/2222
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Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, development application 10.2018.237.1 for dwelling house and three (3) swimming pools, be granted consent subject to conditions in Attachment 3 #E2018/109068 (Richardson/Hunter) 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. 13.19 Australian Tourism Councils Advocacy Group Update Report File No: I2018/2284
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1. Dissolve the Australian Tourism Councils Advocacy Group
2. Request Staff investigate other channels or organisations to lobby the effects of tourism at a local and state level
3. Consider creating a smaller working group of councils to work together with tourism challenges similar to Byron Shire across Australia (Richardson/Hunter)
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Reports of Committees - Corporate and Community Services
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Report No. 14.1 Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 1 November 2018 File No: I2018/2185
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Resolved that Council note the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 1 November 2018. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 4.1 Byron Aboriginal Services Coalition - Bagwa Bugalma - Update File No: I2018/1910
Committee Recommendation 4.1.1 1. That the Arakwal Memorandum of Understanding Advisory Committee:
a) Notes the progress of the work of the Aboriginal Services Coalition. b) Provides feedback on the Bagwa Bugalma 5 Year Strategic Plan (DRAFT) (E2018/72195).
2. That staff develop a timeline for working with Directors of Regional Departments, Departments of Premier and Cabinet, and Prime Minister and Cabinet and develop a public meeting.
3. That Council continues to support the development and establishment of Bagwa Bugalma. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 4.2 Byron Shire Aboriginal Cultural Heritage Steering Committee File No: I2018/1911
Committee Recommendation 4.2.1 1. That the Arakwal MoU Advisory Committee notes the formation of the Byron Shire Aboriginal Cultural Heritage Steering Committee as a multi stakeholder consultative group which brings together Aboriginal Stakeholders under the Land Rights Act and the Native Title Act.
2. That the General Manager write to the National Parks and Wildlife Service requesting their participation. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 4.3 Arakwal Memorandum of Understanding Review File No: I2018/1974
Committee Recommendation 4.3.1 1. That Council provides the Arakwal Board with a draft MoU review document seeking feedback from the Board in early 2019.
2. That Council presents the draft to the Board for final review and confirmation at a workshop in early 2019.
3. That Council and the Board develop priorities for the new MoU and terms of reference. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 4.4 Update on Arakwal Cemetery Project File No: I2018/1981
Committee Recommendation 4.4.1 1. That Council ensures the installation of the concrete bench for the first row of headstones, at the area identified for the Arakwal area of the Byron Bay Cemetery in the 2018/19 financial year and that if funding source needs to be identified it comes to the next Ordinary Meeting.
2. That staff work with Arakwal to create a policy document which includes financial considerations for the Arakwal area at the Byron Bay Cemetery to be presented to the Arakwal Board for endorsement then to Council for adoption.
3. That this Committee recommends that Council waive cemetery fees for Arakwal people as per schedule 3 of the Arakwal Rule Book. (Richardson/Hunter)
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Report No. 14.2 Report of the Finance Advisory Committee Meeting held on 15 November 2018 File No: I2018/2226
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Resolved that Council notes the minutes of the Finance Advisory Committee Meeting held on 15 November 2018. (Richardson/Hunter) |
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Resolved that Council adopts the following Committee Recommendation: Report No. 4.1 Quarterly Update - Implementation of Special Rate Variation File No: I2018/2143
Committee Recommendation 4.1.1 That the Finance Advisory Committee notes the quarterly update on the Special Rate Variation Implementation as at 30 September 2018. (Richardson/Hunter) |
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Resolved that Council adopts the following Committee Recommendation: Report No. 4.2 Unrestricted Cash and Reserves at 30 June 2018 File No: I2018/2146
Committee Recommendation 4.2.1 1. That the Reserve Balances as outlined in Attachment 1 (#E2018/89575) at 30 June 2018 be noted by the Finance Advisory Committee.
2. That the Unrestricted Cash Balance of $1,145,200 as at 30 June 2018 be noted by the Finance Advisory Committee. (Richardson/Hunter) |
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Resolved that Council adopts the following Committee Recommendation: Report No. 4.3 Long Term Financial Plan 2018-2028 File No: I2018/2147
Committee Recommendation 4.3.1 That the Finance Advisory Committee notes the update provided in respect of the 2018-2028 Long Term Financial Plan. (Richardson/Hunter) |
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Resolved that Council adopts the following Committee Recommendation: Report No. 4.4 Budget Review - 1 July 2018 to 30 September 2018 File No: I2018/2158
Committee Recommendation 4.4.1 1. That Council note that the itemised budget variations as shown in Attachment 2 (#E2018/89897) which include the following results in the 30 September 2018 Quarterly Review of the 2018/2019 Budget:
a) General Fund – $37,200 increase to the Estimated Unrestricted Cash Result b) General Fund - $952,700 increase in reserves c) Water Fund - $163,900 increase in reserves d) Sewerage Fund - $208,200 increase in reserves
were adopted by Council at its Ordinary meeting held on 22 November 2018.
2. That Council note that the revised General Fund Estimated Unrestricted Cash Result of $1,145,200 for the 2018/2019 financial year as at 30 September 2018 was authorised by Council at its Ordinary meeting held on 22 November 2018. |
Reports of Committees - Sustainable Environment and Economy
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Report No. 14.3 Report of the Biodiversity Advisory Committee Meeting held on 15 October 2018 File No: I2018/2034
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Resolved that Council note the minutes of the Biodiversity Advisory Committee Meeting held on 15 October 2018. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation: Report No. 4.1 Broken Head Reserve and Seven Mile Beach Road File No: I2018/1734
Committee Recommendation 4.1.1 That the Biodiversity Advisory Committee note this report and resolution 18-554 and that the Broken Head Reserve and Seven Mile Beach Road precinct be acknowledged as a biodiversity hotspot and that grant options be explored with National Parks and state government and a timeframe for budget allocations to deliver resolution 18-554. |
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Resolved that Council adopt the following Committee Recommendation: Report No. 4.2 Brunswick Valley Landcare - Landcare Support Officer Report File No: I2018/1748
Committee Recommendation 4.2.1 That the Biodiversity Advisory Committee notes the report and acknowledges the great work of Brunswick Valley Landcare and the continuing partnership. (Richardson/Hunter)
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Reports of Committees - Infrastructure Services
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Report No. 14.4 Report of the Local Traffic Committee Meeting held on 22 November 2018 File No: I2018/2305
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Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 22 November 2018. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.1 Events - Anzac Day 2019 - Road Closures in Byron, Mullumbimby, Brunswick Heads, Bangalow File No: I2018/2201
Committee Recommendation 6.1.1 1. That Council: a) endorse the ANZAC Day Parades for 25 April 2018 for the Return Services League sub branches of Byron Bay, Mullumbimby, Bangalow and Brunswick Heads / Billinudgel; b) assists, where requested and required, with implementing the necessary temporary road closures and detours; c) place advertisements in a local weekly newspaper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints; d) notify the event on Council’s webpage.
2. That the event organiser: a) obtain separate approvals by NSW Police and RMS, noting that the Bangalow event is on a state road or may impact the state road network; b) undertake consultation with community and affected businesses including adequate response/action to any raised concerns; c) undertake consultation with emergency services and any identified issues addressed; d) holding $20m public liability insurance cover which is valid for the event.
3. That the approvals provided above are subject to NSW Police approval being obtained and that each event is undertaken either or both under Police escort or traffic control and/or Council’s implemented traffic control. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.2 Events - Bangalow Christmas Eve Carnival 2018 - Road Closure File No: I2018/2202
Committee Recommendation 6.2.1 1. That Council approve the Traffic Management Plan (TMP) and Traffic Control Plan (TCP) for the Bangalow Christmas Eve Carnival 2018 to be held Monday 24 December 2018, that includes the temporary road closure below:
a) Byron Street, Bangalow between Ashton Street and Granuaille, between 3:30pm and 10:00pm.
2. That the approval provided in Part 1 is subject to:
a) separate approvals by NSW Police and RMS being obtained, noting that the traffic control plan is partially located on a state road; b) implementation of an approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation; c) that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints; d) the event be notified on Council’s webpage; e) the event organiser: i) undertake consultation with community and affected businesses including adequate response/action to any raised concerns; ii) undertake consultation with emergency services and address any identified issues; 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. |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.3 Events - Ballina to Byron Bay Coastal Charity Walk 26 May 2019 File No: I2018/2203
Committee Recommendation 6.3.1 1. That Council support the Westpac Life Saver Rescue Helicopter fundraiser, Ballina to Byron Coastal Charity Walk, to be held Sunday 26 May 2019.
2. That Councils support in Part 1 is subject to:
a) An updated Traffic Control Plan and Traffic Management Plan in accordance with the current version of RMS Technical Manual – Traffic Control at Work Sites by a person with appropriate accreditation. b) Implementation of the Traffic Management Plan and Traffic Control Plans as designed by those with appropriate accreditation and implemented by people with appropriate accreditation, including traffic controllers. c) That the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints. d) The event be notified on Council’s webpage. e) The event organiser: i) Undertake consultation with community and affected businesses including adequate response/action to any raised concerns. ii) Undertake consultation with emergency services and any identified issues addressed. iii) Holding $20m public liability insurance cover which is valid for the event. iv) Paying Council’s Road Event Application Fee prior to the event. f) The use of marshals along Marine Parade who, for the purpose of aiding and forming participants into walking groups, are to undertake their duties in accordance with a pre-event risk assessment and management plan, a copy of which is to be provided to Council prior to the event. g) Separate Police approval being obtained
3. That the approval in Part 1 is also subject to the following in regard to the use of Seven Mile Beach Road, that is: a) signage, which specifies the date, hours and nature of the event, be positioned at the entrance and exit of Seven Mile Beach Road one week prior to the event; b) on the day of the event, at 500m intervals, and facing both directions of travel, signs advising of “ Special Event - Charity Walk Ahead” (or similar) are installed prior, and removed after, the event occurs; and c) a safety induction for participants advising of hazards be provided. |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.4 Events - Byron Bay Bluesfest 2019 File No: I2018/2204
Committee Recommendation 6.4.1 1. That Council endorse the recommendations of the Local Traffic Committee for the Byron Bay Bluesfest 2019 to be held on Thursday 18 April 2019 to Monday 22 April 2019.
2. That the approval provided in Part 1 is subject to:
a. separate approvals by NSW Police and RMS being obtained, noting that the event is on a state road or may impact the state road network b. implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation c. that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints d. the event be notified on Council’s webpage e. the event organiser is to: 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 |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.5 Events - Mullum2Bruns Paddle 2019 File No: I2018/2205
Committee Recommendation 6.5.1 1. That Council approve the Traffic Management Plan and Traffic Control Plans for the Mullum2Bruns Paddle 2019 to be held Sunday 26 May 2019, that includes the temporary road closure below: a) Brunswick Terrace, Mullumbimby, between Tincogan Street and Tyagarah Street (to become one-way traffic), between 06:00am and 10:00am on Sunday 26 May 2019.
2. That the approval provided in Part 1 is subject to:
a) implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation; 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. v) Undertake a debrief within two weeks of the event involving event staff, Police (if they had incidents) and traffic controllers. A debrief report is to be submitted to Council with any future event application. e) Separate Police approval being obtained. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.6 Endorsement of no entry signage associated with driveway crossing under S138 of the Roads Act File No: I2018/2206
Committee Recommendation 6.6.1 That Council supports the proposed use of “No Entry” signage and the location of ‘No Entry’ signage for proposed driveway crossing fronting Bangalow Road, Byron Bay in attachment (S2018/10695). |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.7 Ewingsdale Road Roundabouts - Lane Modifications File No: I2018/2207
Committee Recommendation 6.7.1 That Council endorse the modifications to the lane markings and signage for the Bayshore Drive and Sunrise Boulevard roundabouts on Ewingsdale Road as per attachments 1 (E2018/88733) and 2 (E2018/88732). (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.8 Car Share Scheme - "No Parking -Authorised Car Share Vehicles Excepted" File No: I2018/2199
Committee Recommendation 6.8.1 That Council support the installation of No Parking and Authorised Vehicles Excepted signage and associated line marking together with the implementation of a parking permit scheme for the day to day management of the car share parking spaces within the shire. |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 7.1 Bangalow Primary School - Parking, Traffic and School Zone Management File No: I2018/2208
Committee Recommendation 7.1.1 That Council note the Committee’s comments. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 7.2 Yelgun Rest Area - Parking for Driver Reviver Volunteers File No: I2018/2209
Committee Recommendation 7.2.1 That Council note the Committee’s comments. (Richardson/Hunter) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 7.3 Mercato Car Park - Concept Temporary Access File No: I2018/2210
Committee Recommendation 7.3.1 That the committee comments and advice be provided to Council’s Development Engineers. (Richardson/Hunter) |
Confidential Reports - Sustainable Environment and Economy
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Report No. 16.2 Confidential - PLANNING - Byron Arts and Industry Estate Precinct Planning File No: I2018/2142
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Resolved that Council engage Hip V. Hype to undertake the Enquiry by Design project associated with Precinct Planning for the Byron Bay Arts and Industry Estate, in accordance with their proposal dated 31 October 2018. (Richardson/Hunter) |
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Procedural Motion |
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Resolved that Council change the order of business to deal with Reports 9.2, 10.1, 13.12, 13.14, 16.1 next on the Agenda. (Richardson/Lyon)
The motion was put to the vote and declared carried. |
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Notice of Motion No. 9.2 Proposed Department of Planning approval of North Byron Parklands Cultural Events Site File No: I2018/2291
Cr Spooner left the Chamber in accordance with his earlier declared pecuniary interest in this matter. |
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Procedural Motion |
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Resolved that Cr Coorey be granted a two minute extension to his/her speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
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That the matter rest on the table. (Coorey/Richardson) The motion was put to the vote and declared carried. |
Spooner returned to the Chamber at 11:06am.
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Petition No. 10.1 Clothes Optional Tyagarah Beach File No: I2018/2287
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1. Notes the petition regarding clothes optional Tyagarah Beach; 2. Reasserts its commitment to improving safety for residents and visitors to our beaches; 3. Recognises the community concern regarding anti-social behaviour and public safety risks at Tyagarah Beach and surrounding area, and 4. Refer the petition to the Byron Safe Beaches Committee to consider the request for alternatives and provide advice to Council. (Coorey/Cameron)
The motion was put to the vote and declared carried. Crs Hackett and Spooner voted against the motion. |
STAFF REPORTS - Sustainable Environment and Economy
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Report No. 13.12 Barrio Eatery and Bar - Update on Compliance with Direction to Take Preventative Action File No: I2018/2138
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Resolved that this matter rest on the table. (Cameron/Richardson) The motion was put to the vote and declared carried. |
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Report No. 13.14 Draft Byron Residential Strategy File No: I2018/2163
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a) Endorse in principle the draft Byron Residential Strategy, as contained in Attachment 1 & 2, (E2018/110198, E2018/110199), noting that they are working drafts and further refinements are required prior to public exhibition. b) Authorise the Director Sustainable Environment & Economy to undertake a final review of the draft Strategy and Appendices to complete any necessary formatting, grammatical edits, diagrams and/or other ‘non-policy’ updates to ensure a suitable standard for public exhibition. c) Publicly exhibit the draft Strategy and Appendices for a minimum period of 6 weeks in early 2019 accompanied by the Site Suitability Analysis (Attachment 3 – E2018/110225) and Housing Needs Report (Attachment 4 – E2018/108745) as supporting information. d) Endorse the public communication and engagement strategy contained in Attachment 5 (E2018/109995) e) Commence an amendment to the Rural Land Use Strategy to include that land subject to Resolution 18-543 (2) that is not identified in the Residential Strategy as a source of land for housing supply 2016-2036, but is deemed suitable for inclusion as a priority site/s for future rural lifestyle living opportunities in the form of ‘intentional eco-communities’ in the Rural Land Use Strategy. (Spooner/Richardson)
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Cr Ndiaye left the Chamber at 11:25am and returned at 11:28am.
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Procedural Motion |
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Resolved that Cr Spooner be granted a two minute extension to his speech. (Richardson/Hunter) The motion was put to the vote and declared carried. |
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Amendment 1. That Council: a) Endorse in principle the draft Byron Residential Strategy, as contained in Attachment 1 & 2, (E2018/110198, E2018/110199), noting that they are working drafts and further refinements are required prior to public exhibition. b) Authorise the Director Sustainable Environment & Economy to undertake a final review of the draft Strategy and Appendices to complete any necessary formatting, grammatical edits, diagrams and/or other ‘non-policy’ updates to ensure a suitable standard for public exhibition. c) Publicly exhibit the draft Strategy and Appendices for a minimum period of 6 weeks in early 2019 accompanied by the Site Suitability Analysis (Attachment 3 – E2018/110225) and Housing Needs Report (Attachment 4 – E2018/108745) as supporting information. d) Endorse the public communication and engagement strategy contained in Attachment 5 (E2018/109995)
2. That a second Planning Charrette/Workshop be held prior to public exhibition to allow more detailed consideration of new release / infill areas, with the results to be included in the draft Strategy appendices. (Cameron/Coorey)
The amendment was put to the vote and declared lost. Crs Coorey and Cameron voted in favour of the amendment. Crs Martin, Lyon, Ndiaye, Richardson, Hackett, Spooner, and Hunter voted against the amendment.
The motion was put to the vote and declared carried. Crs Coorey and Cameron voted against the motion. |
Cr Lyon left the Chamber at 11:56am and returned to the Chamber at 12:00pm.
Confidential Reports - General Manager
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Report No. 16.1 Confidential - Grant of three year lease over 25 Staceys Way Tyagarah known as the Tyagarah Hall to the preferred Respondent File No: I2018/2190
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1. Pursuant to Clause 178(1)(b) of the Local Government (General) Regulation, Council decline to accept any of the tenders and pursuant to Clause 178(3)(a) cancel the proposal for the granting of a lease of the premises colloquially known as the Tyagarah Hall being part of folio 49/881232 25 Staceys Way Tyagarah
2. That Council undertake community consultation with a view to establishing a s355 committee for the ongoing management of the Tyagarah Hall and receive a Report in relation thereto. (Ndiaye/Hackett)
The motion was put to the vote and declared carried. Cr Hunter voted against the motion. |
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Mayoral Minute No. 8.1 Establishing a path forward to ensure community management of the newly acquired Old Byron Bay Hospital File No: I2018/2298
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1. Note the effectiveness and success of the old Byron Bay Hospital Community Steering Committee to develop and submit the successful application to the NSW Department of Health to obtain ownership of the old Byron Bay Hospital by the community
2. Work with the steering committee to provide a report that provides recommendations as to establishing a Community Board to manage the operations within the old hospital site
3. Receive this report at the first Ordinary Council meeting of 2019
4. Write to the Minister of Health, the Hon. Brad Hazard, the local MP, the Hon Tamara Smith and to the Hon. Ben Franklin MP thanking them for their support of the Byron Bay community and for their efforts to ensure the hospital remains a facility of and for the community (Richardson/Ndiaye) |
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Procedural Motions |
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Resolved that Cr Richardson be granted a two minute extension to his speech. (Lyon/Coorey) The motion was put to the vote and declared carried. |
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Resolved that Cr Spooner be granted a two minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Cr Ndiaye left the Chamber at 12:27pm.
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That Cr Cameron be granted a two minute extension to his speech. (Richardson/Coorey)
The motion was put to the vote and declared carried. Cr Ndiaye was not present for the vote. |
Cr Ndiaye returned to the Chamber at 12:30pm.
The motion was put to the vote and declared carried.
The meeting adjourned at 12:34pm for a lunch break and reconvened at 1:32pm.
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Procedural Motion |
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Resolved that Report No. 13.12 be lifted from the table. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
STAFF REPORTS – Sustainable Environment and Economy
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Report No. 13.12 Barrio Eatery and Bar - Update on Compliance with Direction to Take Preventative Action File No: I2018/2138
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Moved that Council: 1. Note the update on the Barrio Eatery and Bar compliance with the direction to take preventative action.
2. Support noise loggers being placed in a residence opposite the site, if agreeable to both parties, to ensure noise levels generated from Barrio Eatery and Bar (including patron noise, amplified music and mechanical plant equipment) within the adjacent residence is compliant with Industrial Noise Policy.
3. Request further testing be carried out in relation to refrigeration units and air conditioning units between the hours of 8pm and 6am to ensure compliance with the Industrial Noise Policy.
4. Request the Kitchen Exhaust Vents be limited in operation to the medium setting at all times as per the approved Operations Management Plan for Barrio Eatery and Bar.
5. Require amelioration work to be carried out on any plant or equipment that is found to be non compliant with the Industrial Noise Policy.
6. Receive a further report by April 2019 on the noise testing requested in 2 to 5 above. (Cameron/Coorey)
AMENDMENT
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1. Note the update on the Barrio Eatery and Bar compliance with the direction to take preventative action.
2. Support noise loggers being placed in a residence opposite the site, if agreeable to both parties, to ensure noise levels generated from Barrio Eatery and Bar ( including patron noise, amplified music and mechanical plant equipment) within the adjacent residence is compliant with Industrial Noise Policy. (Richardson/Lyon)
The amendment was put to the vote and declared carried. Crs Coorey and Cameron voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried. Crs Spooner voted against the motion. |
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Procedural Motion |
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Resolved that Report No. 9.2 be lifted from the table. (Richardson/Coorey) The motion was put to the vote and declared carried. |
Notices of Motion
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Notice of Motion No. 9.2 Proposed Department of Planning approval of North Byron Parklands Cultural Events Site File No: I2018/2291
Cr Spooner left the meeting in accordance with his earlier declared pecuniary interest in this matter.
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1. That Council does not currently support an increase in attendance numbers, event days beyond what has already been approved
2. That Council writes to advise the Department of Planning and the Independent Planning Commission that it does not support DoP’s recommendation for approval of increased and permanent activity at North Byron Parklands Cultural Events Site;
3. That Council advises the Independent Planning Commission that it does not support permanent approval due to outstanding concerns regarding traffic, onsite sewage management and biodiversity
4. That Council does not support DOP’s recommendation with respect to Parklands’ self-monitoring of compliance;
5. That Council proposes that any consideration of ongoing events must include an independent monitoring process, with the involvement of Council
6. That Council’s costs for monitoring should be funded by the applicants
7. That this monitoring needs to be used as part of the Planning Secretary’s ongoing assessment
8. That the original trial approval was that Council would be the consent authority at the end of the trial period and that this condition should remain. (Coorey/Cameron) |
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Procedural Motion |
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Resolved that Cr Coorey be granted a two minute extension to her speech. (Richardson/Cameron) The motion was put to the vote and declared carried. |
AMENDMENT
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1. That Council does not currently support the proposal including the increase in attendance numbers, event types, and event days on the North Byron Parklands site beyond what has already been approved until its concerns as raised within its submission are satisfied
2. That Council writes to advise the Department of Planning and the Independent Planning Commission of this position
3. That Council does not support DOP’s recommendation with respect to Parklands’ self-monitoring of compliance
4. That Council proposes that any consideration of ongoing events must include an independent monitoring process, with the involvement of Council
5. That Council’s costs for monitoring should be funded by the applicants
6. That this monitoring needs to be used as part of the Planning Secretary’s ongoing compliance
7. That the original trial approval was that Council would be the consent authority at the end of the trial period and that this condition should remain. (Richardson/Lyon) The amendment was put to the vote and declared carried. Crs Coorey, Hunter, Cameron voted against the amendment. Cr Spooner was not present for the vote. The amendment upon becoming the substantive motion was put to the vote and declared carried. Crs Hunter voted against the motion. Cr Spooner was not present for the vote.. |
Cr Spooner returned to the Chamber at 2:00pm.
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Notice of Motion No. 9.1 Cycle Racks for Mullumbimby File No: I2018/2290
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Resolved that Council allocate $15,000 from S7.11 funds to manufacture and install cycle racks at various locations in Mullumbimby. (Cameron/Hunter) The motion was put to the vote and declared carried. |
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Notice of Motion No. 9.3 Funding for Tyagarah beach cameras resolution No. 18-698 File No: I2018/2302
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1. That the $10,000 funding required for the Tyagarah Reserve cameras and related signage be immediately allocated from Council’s unrestricted reserve funds.
2. That as an interim measure, Council urgently explores implementing a temporary extension of our contract with Surf Lifesaving Australia (SLSA) to include Tyagarah Beach in their patrol this Summer.
3. That Council approaches NPWS to see if they would like to contribute to this public safety issue in line with their current contribution for SLSA services.
4. That Council allocates up to $15,000 from the same fund to implement this temporary arrangement.
5. That prior to installing Tyagarah Reserve cameras and related signage from Council’s unrestricted reserve funds the following actions are to be undertaken: a. Council staff to attend a meeting of the Byron Coast Area Joint Management Committee and Police as requested on 18 February 2019 to discuss the issues raised in a letter sent to council on 4 December from National Parks and Wildlife Service regarding the placement of cameras on the Tyagarah Nature Reserve. b. A plan is developed to clearly identify the location of cameras and signage, including the entrance to Tyagarah Nature Reserve. c. A budget is prepared to outline the cost of camera installation, ongoing monitoring and estimated repairs to cameras on an annual basis. A funding source be identified to adequately cover these expenses. d. Council request formal feedback from NSW Police regarding an assessment of the effectiveness, or otherwise, of cameras located at this site as a crime prevention measure. e. Council request formal feedback from NSW Police regarding the resource requirements needed to adequately police illegal activities at this location. f. Following the meeting to be held on 18 February Council request clarification from the Department of Industry (Crown Lands Division) as to whether their consent to locate clothes optional declaration signs on Tyagarah Beach is still supported.
6. That Council establish a interim Safe Beaches Committee consisting of 5 councillors, namely CRS Martin, Coorey, Ndiaye, Cameron and Hunter and 2 staff members to a. Elect 1 councillor as chair b. Consider the attached draft constitution and recommend a final version for adoption by Council. (Hunter/Ndiaye)
The motion was put to the vote and declared carried. |
Cr Lyon left the Chamber at 2:32pm and returned to the Chamber at 2:34pm.
Staff Reports - General Manager
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Report No. 13.4 Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018 File No: I2018/2316
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1. Note the terms of the letter from the Hon Dominic Perrottet MP Treasurer for NSW
2. Determines not to lower parking fines for nominated parking offences The motion was put to the vote and declared carried. Crs Richardson, Hackett, and Spooner voted against the motion. |
Staff Reports - Sustainable Environment and Economy
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Report No. 13.8 PLANNING - 24.2018.64.1 - Development Control Plan (DCP) 2010 Chapter 17 and 2014 Part A amendments - public exhibition and notification of development applications File No: I2018/1891
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1. That Council endorse the Development Control Plan 2010 Chapter 17, attachment 1 (E2018/91236) and Development Control Plan 2014 Part A, attachment 2 (E2018/91234) to be publicly exhibited for a 6 week period, with the following change:
“Delete - change of use of shop to restaurant / café or change of use from shop to takeaway food shop, or shop to food shop from Level 0 in both DCP 2010 Chapter 17 and DCP 2014 Part A, and add in cafes, restaurants, refreshment rooms, takeaway food shops and food shops to Level 2 under both DCP 2010 Chapter 17 and DCP 2014 Part A.”
2. That should there be no submissions, Council adopts the amendments to the Development Control Plans as at the close of the statutory public exhibition period date, and notify the public accordingly. (Richardson/Lyon)
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. |
Cr Cameron left the Chamber at 3:08pm.
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Report No. 13.10 Modification of the Jonson Street Protection Works (Main Beach) - Defining Project Objectives File No: I2018/2115
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Resolved that Council endorse the six project objectives outlined in this report for the delivery of the design and planning phase of the ‘Modification of the Jonson Street Protection Works’ project due to commence early 2019; with an amendment to objective 4 to remove the word ‘existing’. Objective 4 to read as follows: “4. To improve the structural integrity of the JSPW.” (Hackett/Lyon)
The motion was put to the vote and declared carried. Cr Cameron was not present for the vote. |
Cr Cameron returned to the Chamber at 3:14pm
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Report No. 13.11 24.2018.48.1 Amendment to Byron DCP 2014: Chapter D8 - Public Art File No: I2018/2111
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1. Proceed with public exhibition of the draft amendment to Byron DCP 2014, Chapter D8 – Public Art, as included in Attachment 1 (E2018/59108) and Part A, Attachment 3 (E2018/107984), subject to the following changes: a) Amend the proposed definition of ‘Mural’ to read “Mural means a piece of visual art created on an appropriate, publicly visible wall or surface with the permission of the property owner”. b) Amend proposed DCP clause D8.2.1(3)(d) to read “Public art must be provided in a location that allows users of the public domain an unobstructed view of the artwork and the ability to freely access and interact with the artwork. Public art will not be considered inside buildings, except for public buildings”.
2. Receive a further report for consideration of submissions following the statutory public exhibition period.
3. Should there be no submissions, the amendments to the DCP be adopted as at the close of the statutory public exhibition period date, and notified accordingly. (Hackett/Spooner)
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. 13.16 Draft Emissions Reduction Strategy - Endorsement for Public Exhibition File No: I2018/2189
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1. Endorse the attached emissions reduction strategy, Net Zero Emissions for Council Operations 2025 (Attachment 1 – E2018/109536), for six weeks public exhibition in early 2019.
2. Note that Council’s Annual Emissions Report for Council’s Operations for 2017/18 will be reported in February 2019 and that this report will confirm Council’s 2015/16 baseline.
3. Authorise the Director Sustainable Environment and Economy to make any minor amendments prior to exhibition, including but not limited to any necessary updates to Council’s 2015/16 emissions baseline, as well as minor edits and formatting.
4. Request staff to provide an update report to the next available meeting on Council’s climate change adaptation processes for rising temperatures, emergencies, asset maintenance, water resources in a changing environment. (Hunter/Spooner)
The motion was put to the vote and declared carried. |
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Report No. 13.18 Update on Voluntary Visitor Fund File No: I2018/2282
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Resolved that Council note the update on the Voluntary Visitor Fund with the following amendment to the fee structure: Festivals - $1 per ticket per day. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Staff Reports - Infrastructure Services
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Report No. 13.20 Open Space and Recreation Needs Assessment and Action Plan File No: I2018/2192
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1. Note the changes have been made to the draft following public submissions include:
a) Deletion of the recommendation that Heritage Park no longer be a dedicated off leash area unless fenced and associated update in the action plan and removal of reference to swimming
b) Inclusion of Rugby as an identified sport group associated with the Byron Bay Recreation Grounds
c) Update to the wording to note that Council has commenced public consultation to consider the future use of Lot 22 Mullumbimby
d) Administrative changes to correct formatting and typographical errors
2. Adopt the Open Space and Recreation Needs Assessment and Action Plan at Attachment 1 (E2018/110511).
3. Note the intention to periodically review the Open Space and Recreation Needs Assessment for example following completion of the Crown Lands transition project or to account for updated forecasts in population growth or dedication of spaces to the network through developer contributions. (Richardson/Ndiaye)
The motion was put to the vote and declared carried. |
URGENCY MOTION
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Procedural Motion |
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Resolved: That the matter of ‘Extension to exhibition period of the Draft Plans of Management for Ferry Reserve and Massy Green Reserve, Brunswick Heads’ be dealt with as a matter of urgency due to exhibition period closing before the next meeting of Council. (Coorey/Cameron) The motion was put to the vote and declared carried. |
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No. 1 Matter of Urgency - Extension to exhibition period of the Draft Plans of Management for Ferry Reserve and Massy Green Reserve, Brunswick Heads
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Resolved that Council write to NSW Crown Holiday Parks (trading as Reflections Holiday Parks) to request an extension to the exhibition period of the Draft Plans of Management for Ferry Reserve and Massy Green Reserve, Brunswick Heads from 6 January 2019 until after the first council meeting in February with a view to: a) enable a review and formal submission to be made by Council; and b) improve the opportunity for community input given the exhibition period falls in part in the summer holiday period, when many residents are away. (Coorey/Cameron) The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 4:04pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 28 February 2019.
….…………………………
Mayor Simon Richardson