Ordinary Meeting
Minutes
28 February 2019
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 28 February 2019
COMMENCING AT 9:08AM
AND CONCLUDING AT 5:17PM
I2019/235
PRESENT: Cr M Lyon
(Acting Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (General Manager)
Vanessa
Adams (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Dan
Strzina (Project Engineer) – item 13.20
Evan
Elford – (Team Leader Infrastructure Services) - item 13.24
Phil
Warner (Manager Assets and Major Projects) – item 13.2
Claire
McGarry (Place Manager) – item 13.2
Josh
Provis (Road and Bridge Engineer) – item 17.1
Heather Sills (Minute Taker)
The Acting Mayor opened the meeting and acknowledged
that the meeting is being held on Arakwal Country and that we pay our respects
to the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated
information, a Public Access Session was held and Council was addressed on the
following:
13.5 Report
of the Public Art Panel meeting 29 November 2018
Suvira McDonald, on behalf of Creative Mullum, addressed
Council in favour of the recommendation.
13.13 Bayshore
Drive Roundabout Public Art
John Anderson addressed Council in favour of the
recommendation.
13.16 Compliance
Priorities Program Report - 2018
Duncan Dey addressed Council in favour of the
recommendation.
John Anderson addressed Council against the
recommendation.
13.19 Reflections
Holiday Parks - exhibition of draft Plans of Management for Ferry Reserve and
Massy Greene Reserve, Brunswick Heads
Michelle Grant addressed Council in favour of the
recommendation.
John Dunn, on behalf of the Brunswick Heads Progress Association,
addressed Council against the recommendation.
13.20 Butler
Street Reserve Access During Byron Bay Bypass Construction
David Trevor-Jones and Kate Hardman, on behalf of the
Byron Bay Community Association, addressed Council in favour of the recommendation.
Catherine Henniker and Hud Maughan addressed Council against
the recommendation.
13.21 Results
of the Public Exhibition of the Byron Bay to Suffolk Park Cycleway
Investigation Report
Melissa Armstrong addressed Council in favour of the recommendation.
13.24 Parking
Options for Teachers and Staff at Byron Bay Public School
Natalie Lennon and Paul Prior addressed Council against the
recommendation.
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Procedural
Motion
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19-013
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Resolved that
Public Access be extended until 11:15am. (Lyon/Cameron)
The motion was put to the vote and declared carried.
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14.4 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 31 January
2019
Duncan Dey addressed Council against the recommendation.
Submission
No. 1 - Federal Drive Road Closure
Allan Rolfe made a submission to Council regarding Federal
Drive Road Closure.
Submission
No. 2 - Coolamon Scenic Drive Actions update / Federal Drive traffic
diverted
Anthony Stante made a submission to Council regarding Coolamon
Scenic Drive Actions update / Federal Drive traffic diverted.
Submission
No. 3 - Bluesfest Paid Parking
Anthony Donnellan and Steve Romer made a submission to
Council regarding Bluesfest Paid Parking.
Question
No. 1
Debbie Sulzberger asked the following question:
As Bluesfest Pty Ltd imposed an additional daily parking
fee on 12th December 2018 while subject to Council’s consent conditions
for DA 10.2014.753.1 which clearly states parking charges are to be included in
the ticket price. Therefore will Council adhere to relevant section of the NSW
Planning and Environment Act 1979 no. 203 and Council’s 2016 Enforcement
Policy and request Bluesfest Pty Ltd immediately rescind the 2019 additional
parking charge and also refund to all 2019 ticket holders who have already
purchased the parking voucher.
The Mayor took the question on notice.
The meeting adjourned at 10:50am and reconvened at 11:17am.
Cr Coorey returned to the Chambers at 11:19am.
Apologies
There
were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence.
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a pecuniary interest in Report 13.20.
The nature of the interest being that his employer, Byron Bay Community
Association, holds a market licence for the Reserve. Cr Spooner elected to
leave the Chamber and did not 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 Lachlan Wall and Renan Solatan.
Adoption
of Minutes from Previous Meetings
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19-014
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Resolved that
the minutes of the following meetings be confirmed:
· Ordinary
Meeting held 13 December 2018 (Hunter/Spooner)
The motion
was put to the vote and declared carried.
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Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
General Manager
Report No. 13.2 Railway
Park rotunda location
Report No. 13.3 Former
Byron hospital project update
Corporate and Community Services
Report No. 13.5 Report
of the Public Art Panel meeting 29 November 2018
Report No. 13.6 National
General Assembly of Local Government 2019
Report No. 13.8 Section
355 Management Committees - resignations and appointments
Report No. 13.9 Council
Resolutions Quarterly Review - 1 October to 31 December 2018
Report No. 13.13 Bayshore Drive
Roundabout Public Art
Sustainable Environment and Economy
Report No. 13.16 Compliance
Priorities Program Report - 2018
Report No. 13.17 Sustainable
Agriculture and Agribusiness Project update
Report No. 13.19 Reflections
Holiday Parks - exhibition of draft Plans of Management for Ferry Reserve and
Massy Greene Reserve, Brunswick Heads
Infrastructure Services
Report No. 13.20 Butler Street
Reserve Access During Byron Bay Bypass Construction
Report No. 13.21 Results of the
Public Exhibition of the Byron Bay to Suffolk Park Cycleway Investigation
Report
Report No. 13.23 Byron
Bay Memorial Recreation Grounds Draft Plan of Management
Report No. 13.24 Parking
Options for Teachers and Staff at Byron Bay Public School
Reports of Committees
Infrastructure Services
Report
No. 14.4 Report of the Water, Waste and
Sewer Advisory Committee Meeting held on 31 January 2019
Report No. 14.5 Report
of the Local Traffic Committee Meeting held on 8 February 2019
6.1 Byron Bay Transport
Interchange - Regulatory Signage
6.2 Railway Hotel and Lawson
Street South Carparks - Regulatory Signage
Late Reports
Report No. 17.1 Confidential - Federal Drive Landslide
Stabilisation (Tender 2019-0002)
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Cameron
and seconded by Cr Hackett. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 19-015 and concluding with
Resolution No. 19-047.
Petitions
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Petition No. 10.1 The
rezoning of 156 Stuart Street (Lot 22) Mullumbimby to R1 and reclassification
to operational.
File No: I2019/112
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19-015
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Resolved:
1. That
the petition regarding the rezoning of 156 Stuart Street (Lot 22) Mullumbimby
to R1 and reclassification to operational be noted.
2. That
the petition be referred to the Director Sustainable Environment and Economy.
(Cameron/Hackett)
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Submissions
and Grants
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Report No. 11.1 Byron
Shire Council Submissions and Grants as at 31 January 2019
File No: I2019/153
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19-016
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Resolved that Council notes the report and attachment (#E2019/9845)
for the Byron Shire Council Submissions and Grants as at 31 January 2019. (Cameron/Hackett)
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Staff Reports - General Manager
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Report No. 13.1 Lease
over Byron Bay tennis courts to Andrew Bates Tennis Pty Ltd
File No: I2018/2402
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19-017
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Resolved:
1. That
Council, having considered all submissions received, in accordance with
s47(5)(a) and s46 of the Local Government Act 1993, Council grant a
five year lease with a five option to renew to Andrew Bates Tennis Pty Ltd
for the operation and management of the Byron tennis courts being part of the
Byron Bay Recreation Grounds.
2. That
Council make an application for the consent of the NSW Minister for Local
Government for the lease proposed in point one above.
3. That
Council authorise the waiving of $1,758 (inclusive of GST) in rent payable by
Andrew Bates Tennis Pty Ltd, being 30 days between 3 January to 1 February
2019, inclusive, during which period the full closure of the Byron tennis
courts was required for refurbishment works by Council. (Cameron/Hackett)
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Report No. 13.4 Crown
Lands Transition - Additional information R65234, Federal
File No: I2019/135
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19-018
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Resolved that
Council for Reserve R65234 at Keyes Bridge Federal, apply to the
Minister administering the Crown Lands Management Act for a Community
classification and Natural Area, Bushland categorisation. (Cameron/Hackett)
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Staff Reports - Corporate and
Community Services
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Report No. 13.7 Investments
- 29 November to 31 December 2018
File No: I2019/28
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19-019
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Resolved that the
report listing Council’s investments and overall cash position as at 31
December 2018 be noted. (Cameron/Hackett)
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Report No. 13.10 Delivery
Program 6-monthly Report and 2018/19 Operational Plan Second Quarter Report -
Q2 - 1 July to 30 December 2018
File No: I2019/65
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19-020
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Resolved:
1. That
Council notes the Delivery Program 6-monthly Report and 2018/19 Operational
Plan Second Quarter Report for the period ending 30 December 2018 (Attachment
1 #E2019/2528).
2. That
Council adopts the proposed amendments to the Operational Plan 2018/19
outlined in Attachment 2 (#E2019/10091). (Cameron/Hackett)
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Report No. 13.11 Budget
Review 1 October 2018 to 31 December 2018
File No: I2019/101
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19-021
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Resolved:
1. That
Council authorises the itemised budget variations as shown in Attachment 2
(#E2019/9717) which include the following results in the 31 December 2018
Quarterly Review of the 2018/2019 Budget:
a) General
Fund – $20,000 increase to the Estimated Unrestricted Cash Result
b) General
Fund - $835,300 increase in reserves
c) Water
Fund - $515,600 increase in reserves
d) Sewerage
Fund - $2,149,000 increase in reserves
2. That
Council adopts the revised General Fund Estimated Unrestricted Cash Result of
$1,145,200 for the 2018/2019 financial year as at 31 December 2018. (Cameron/Hackett)
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Report No. 13.12 Investments
- 1 January to 31 January 2019
File No: I2019/159
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19-022
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Resolved that the report listing Council’s investments
and overall cash position as at 31 January 2019 be noted. (Cameron/Hackett)
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Report No. 13.14 2018-2019
Loan Borrowings
File No: I2019/171
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19-023
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Resolved:
1. That
Council authorises the General Fund borrowings of $7,669,000 for the 2018/2019
financial for the purposes outlined in this report and amends the 2018/2019
Budget Estimates to reflect this resolution.
2. That
following an Expression of Interest process, Council authorises the General
Manager to accept loan offer(s) that represent the best financial outcome for
Council.
3. That
Council authorises the affixing of the Council Seal to any documents to
execute the loan borrowings that are the subject of this report should it be
required. (Cameron/Hackett)
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Staff Reports – SUSTAINABLE
ENVIRONMENT AND ECONOMY
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Report No. 13.15 Byron
Shire Council's Emissions Reporting 2017/18
File No: I2018/2130
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19-024
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Resolved that
Council note the Emissions Report
2017/18. (Cameron/Hackett)
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Report No. 13.18 Sustainability
and Emissions Reduction Projects - Update
File No: I2019/107
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19-025
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Resolved that
Council note the report on key
sustainability and emissions reduction projects.
(Cameron/Hackett)
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Report No. 13.22 Proposal
for Naming Maslen Arboretum - Results of Public Exhibition
File No: I2019/127
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19-026
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Resolved:
1. That
Council adopt the name ‘Maslen Arboretum’ for the western section
of Heritage Park
2. That
staff submit an application to the NSW Geographical Names Board to formalise
this naming of a place. (Cameron/Hackett)
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Reports
of Committees - Corporate and Community Services
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Report No. 14.1 Report
of the Audit, Risk and Improvement Committee Meeting held on 15 November 2018
File No: I2019/38
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19-027
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Resolved that
Council notes the minutes of the Audit, Risk and Improvement Committee
Meeting held on 15 November 2018. (Cameron/Hackett)
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19-028
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Resolved that Council adopts the following Committee
Recommendation:
Report
No. 4.1 Audit, Risk and Improvement Committee Constitution
Review
File No: I2018/1655
Committee Recommendation 4.1.1
That the Audit, Risk and Improvement Committee adopt the
updated Constitution (E2018/71315).
(Cameron/Hackett)
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19-029
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Resolved that Council adopts the following Committee
Recommendation:
Report
No. 4.2 2017/2018 Financial Statements
File No: I2018/2139
Committee Recommendation 4.2.1
That the Audit, Risk and Improvement Committee notes the
report on the 2017/2018 Financial Statements and the Draft 2018 Client
Service Report received from the NSW Audit Office.
(Cameron/Hackett)
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19-030
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Resolved that Council adopts the following Committee
Recommendation:
Report No. 5.1 Fraud and Corruption
Control
File No:
I2018/1752
Committee Recommendation 5.1.1
That the
Audit, Risk and Improvement Advisory Committee:
1. Endorse
the Fraud and Corruption Control Policy (E2018/71390) and Strategy (E2018/71426).
2. Recommend
that Council place the Fraud and Corruption Control Policy (E2018/71390) on
public exhibition for a period of 28 days, and in the event:
a) that
any submissions are received on the draft policy those submissions be
reported back to Council prior to the adoption;
b) that
no submissions are received the draft policy be adopted.
3. Note
the Internal Investigations Procedure. (Cameron/Hackett)
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19-031
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Resolved that Council adopts the following Committee
Recommendation:
Report No. 5.2 Internal Audit Progress
Report - November 2018
File No:
I2018/1581
Committee
Recommendation 5.2.1
That the
Audit, Risk and Improvement Advisory Committee:
1. Note
the Internal Audit Activity Report – November 2018 (E2018/89644)
2. Endorse
the completion of recommendations as per table 1
3. Endorse
the revised Internal Audit Plan (Cameron/Hackett)
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19-032
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Resolved that Council adopts the following Committee
Recommendation:
Report No. 5.3 External Audit Progress Report
- November 2018
File No: I2018/1582
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Committee
Recommendation 5.3.1
That
the Audit, Risk and Improvement Advisory Committee:
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1. Note the progress
of Council’s External Audit Recommendations
2. Endorses the
completion of those noted in Table 1 and items 2, 14 and 18 in Table 2.
(Cameron/Hackett)
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19-033
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Resolved that Council adopts the following Committee
Recommendation:
Report
No. 5.4 Risk Management Framework
File No: I2018/1754
Committee
Recommendation 5.4.1
That the Audit, Risk and Improvement Advisory Committee
endorse the Risk Management Framework (E2018/51599, E2018/61724 and E2018/83700). (Cameron/Hackett)
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19-034
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Resolved that Council adopts the following Committee
Recommendation:
Report
No. 5.5 Information Security Management System
File No: I2018/1983
Committee Recommendation 5.5.1
That the Audit Risk and Improvement Committee note the
update provided in the report on the Information Security Management System. (Cameron/Hackett)
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Reports of Committees – INFRASTRUCTURE
SERVICES
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Report No. 14.2 Report
of the Byron Shire Floodplain Risk Management Committee Meeting held on 29
November 2018
File No: I2019/2
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19-035
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Resolved that Council note the minutes of the Byron Shire
Floodplain Risk Management Committee Meeting held on 29 November 2018. (Cameron/Hackett)
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19-036
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Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 4.1 North Byron Floodplain
Risk Management Study - Update
File No:
I2018/1954
Committee
Recommendation 4.1.1
1. That
the committee note the report.
2. That
Council recognise the weakness of service provided by the consulting company
which prepared the Flood Study and consider that in future engagements.
3. That
the combination of ocean outlets and dredging is considered as another
mitigation option (Cameron/Hackett)
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Report No. 14.3 Report
of the Coastal Estuary Catchment Panel Meeting held on 29 November 2018
File No: I2019/131
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19-037
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Resolved that
Council note the minutes of the Coastal Estuary Catchment Panel Meeting held
on 29 November 2018. (Cameron/Hackett)
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19-038
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Resolved that Council
adopt the following Committee and Management Recommendation(s):
Report No. 4.1 Coastal Projects and
Update
File No:
I2018/2002
Recommendation:
That the Coastal and Estuary
Catchment Panel note the Coastal Projects update. Note: Alternative Flowpath
Project Updated to be included in next Agenda. (Cameron/Hackett)
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19-039
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Resolved:
1. That Council does not adopt Committee Recommendation(s)
4.2 as shown in the attachment to this report, but instead adopts the
Management Recommendation(s) as follows:
2. That
Council continues the current format of the Coastal Estuary Panel and
continue to report the recommendations of the Panel to Council for
consideration for the remainder of the term of this Council (Cameron/Hackett)
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Report No. 14.6 Report
of the Local Traffic Committee Meeting held on 29 January 2019
File No: I2019/193
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19-040
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Resolved that
Council note the minutes of the Local Traffic Committee Meeting held on 29
January 2019. (Cameron/Hackett)
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19-041
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Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 6.1 Council Resolution 18-626 - Free Motor Bike Parking
in Byron
File No: I2018/2413
Committee Recommendation 6.1.1
That Council endorse
modifications to regulatory parking signage and line marking in Byron Bay and
Wategos Beach area deemed necessary to implement the proposed motorcycle
parking identified in Council Resolution 18-626.
(Cameron/Hackett)
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19-042
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Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 6.2 Bayshore Drive
Roundabout Project - Traffic Management
File No:
I2019/48
Committee Recommendation 6.2.1
1. That
the signs at Melaleuca Drive remain permanently as No U-Turn until such time
as the entrance to Melaleuca Drive and the formation of Ewingsdale Road is
upgraded or modified as part of the Ewingsdale Road duplication project.
2. That
the No Parking at the entrance to Banksia Drive remain in place until such
time as the entrance to Banksia Drive is upgraded or modified as part of the
Ewingsdale Road duplication project.
3. That
both of these locations are monitored and reviewed as part of the Ewingsdale
Road duplication project to ensure the relevancy of the traffic control
measures in place as the project progresses.
4. That
the businesses with road frontage that has been directly affected by the No
Parking on Banksia Drive be notified of the permanency of the arrangement. (Cameron/Hackett)
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19-043
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Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 6.3 Signage requests from Compliance Team - Lighthouse
Road and No Name Lane, Byron Bay
File No: I2019/52
Committee Recommendation 6.3.1
That Council install “No
Stopping” signs and yellow line marking where considered appropriate in
Lighthouse Road and No Name Road Byron Bay to improve road safety. (Cameron/Hackett)
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19-044
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Resolved that Council
note the following Committee Recommendation(s):
Report
No. 6.4 Byron Bay Transport Interchange - Regulatory
Signage
File No: I2019/83
Recommendation:
That this item be deferred to an
extraordinary Local Traffic Committee meeting on 8 February 2019. (Cameron/Hackett)
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19-045
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Resolved that Council note the following Committee Recommendation(s):
Report
No. 6.5 Railway Hotel and Lawson Street South Carparks -
Regulatory Signage
File No: I2019/86
Recommendation:
That this Item be deferred to an
extraordinary Local Traffic Committee meeting on 8 February 2019. (Cameron/Hackett)
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19-046
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Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 7.1 Adoption of Constitution for Local Traffic
Committee
File No: I2019/50
Committee Recommendation 7.1.1
That Council adopt the
Constitution for the Local Traffic Committee as amended.
(Cameron/Hackett)
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Confidential
Reports - Infrastructure Services
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Report No. 16.1 Confidential - Tender 2018-0058
Railway Park Upgrade
File No: I2019/60
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19-047
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Resolved:
1. That
Council award Tender Railway Park Construction Works to Greenwood Landscape
Management.
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. (Cameron/Hackett)
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Report No. 16.2 Confidential - Supply and Delivery of
Modular Bridge Componentry (Tender 2019-0001)
File No: I2019/130
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19-048
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Resolved:
1. That
Council appoint InQuik Pty Ltd and Waeger Group to the panel contract for
Tender 2019-0001 - Supply and Delivery of Modular Bridge Componentry.
2. That Council makes public its decision, including the name and
amount of the successful tenderers, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005. (Cameron/Hackett)
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Procedural Motion
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19-049
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Resolved that
Council change the order of business to deal with Reports 13.5, 13.13, 13.16,
13.20, 13.21, 13.24, 14.4 next on the Agenda. (Lyon/Hunter)
The motion was put to the vote and declared carried.
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Staff
Reports – CORPORATE and COMMUNITY SERVICES
Cr Hackett left the Chambers
at 11:30 am.
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Report No. 13.5 Report
of the Public Art Panel meeting 29 November 2018
File No: I2018/2400
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19-050
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Resolved that Report No. 13.5 rest on the table. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
Cr Hackett was not present for the vote.
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Procedural Motion
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19-051
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Resolved that
Council change the order of business to deal with Report 13.16 next on the
Agenda. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
Cr Hackett was not present for the vote.
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Cr Hackett returned to the Chambers at 11:33 am.
Staff Reports – SUSTAINABLE
ENVIRONMENT and ECONOMY
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Report No. 13.16 Compliance
Priorities Program Report - 2018
File No: I2019/93
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19-052
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Resolved:
1. That
Council note the report on the Compliance Priorities Program 2018.
2. That
Council adopt the proposed Compliance Priorities Program for 2019 as provided
in Attachment 1 (E2018/109234).
3. That
the Compliance Priorities Program be presented to the next available SPW for
the purposes of discussing the priority list and any associated processes and
procedures to comply with Council’s Enforcement Policy. (Coorey/Cameron)
The motion was put to the vote and declared carried.
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Procedural Motion
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19-053
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Resolved that
Report No. 13.5 be lifted from the table. (Lyon/Cameron)
The motion was put to the vote and declared carried.
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Staff Reports – Corporate and
Community Services
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Report No. 13.5 Report
of the Public Art Panel meeting 29 November 2018
File No: I2018/2400
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19-054
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Resolved:
1. That Council:
I) Notes
the report of progress of the Public Art Strategy since its adoption in August
2018.
II) Endorses
the projects for 2019, being:
a) Review
the Public Art Guidelines and Criteria considering the updated Public Art
Policy, new Public Art Strategy and noting these Guidelines were last
reviewed in 2014.
b) Review
the Public Art Commissioning Agreement/Contract so that it provides an
effective control mechanism - eg. separation of concept, design development
and design documentation, with clearly defined Council approval/rejection
mechanisms at each of these stages. To this end, consider employing the
assistance (pro bono or otherwise) of an arts lawyer with expertise in Public
Art Commissions to ensure any contract documentation in future is fit for
purpose.
c) Develop
a conservation and maintenance framework for existing Council-owned public
artworks across the Shire including listing these as assets of Council on
Council’s Asset Management System.
d) Adopt
a moratorium until 1 January 2020 on the undertaking of another major Council
led public art commission until a preferred way forward for the unfinished
Bayshore Drive installation is resolved and budget allocations and capital
works programs for future engagement in the public art forum are confirmed.
2. Approves
the new sculpture for Mullumbimby Sculpture Walk, ‘Elevate’ by
Ellen Ferrier and requests the final engineering and construction drawings be
circulated to the Panel prior to fabrication and construction.
3. Notes
two resignations from the Public Art Panel from Kellie O’Dempsey and
Kelly Reiffer.
(Hackett/Spooner)
The motion
was put to the vote and declared carried.
Cr Ndiaye
voted against the motion.
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Procedural Motion
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19-055
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Resolved that
Cr Hackett be granted a one minute extension to her speech. (Coorey/Hunter)
The motion was put to the vote and declared carried.
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Report No. 13.13 Bayshore
Drive Roundabout Public Art
File No: I2019/163
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Moved: that Council:
1. Implements
the learnings and improvements to the Public Art process identified in this
report via a review of the Public Art Guidelines and Criteria, most
importantly the Commissioned Design Agreement/Contract.
2. Defer
the resolution of a preferred way forward for the Bayshore Drive Roundabout
installation until the May Ordinary Meeting of Council to allow discussion
between the commissioned artist, the PAP, professional representatives from
the Byron Shire art community (eg. Byron School of Art staff) and Council.
These discussions to consider a new contract which looks at completion,
redesign or removal of the work now in place, a new timeline and ways to fund
the preferred option over time.
3. Notes
that due to the delay associated with the above recommendations, work on the
inclusion of the Arts into the Cultural Policy as per resolution 18-450, will
be deferred until Q2 of 2019/20. (Hackett/Coorey)
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Procedural Motions
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19-056
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Resolved
that Cr Hackett be granted a two
minute extension to his/her speech. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
|
19-057
|
Resolved
that Cr Ndiaye be granted a two minute extension to his/her
speech. (Lyon/Hackett)
The motion was put to the vote and declared carried.
|
|
|
AMENDMENT
Moved that Council:
1. Implements
the learnings and improvements to the Public Art process identified in this
report via a review of the Public Art Guidelines and Criteria, most
importantly the Commissioned Design Agreement/Contract.
2. Note
the staff comments regarding Bayshore Drive roundabout sculpture and take no
further action
3. Notes
that due to the delay associated with the above recommendations, work on the
inclusion of the Arts into the Cultural Policy as per resolution 18-450, will
be deferred until Q2 of 2019/20.
4. Council,
in conjunction with local arts organisation, run a workshop or series of
workshops to assist local artists in up skilling in the process of workshops
to assist local artist in up skilling local artists in the Expression of
Interest application process and their ability to meet the selection
criteria.
5.
That Staff investigate potential ways to
increase the weighting of local artists in the selection criteria in future
Expression of Interest processes.
(Spooner/Hunter)
The amendment (Spooner/Hunter) was put to the
vote and declared lost.
Crs Coorey, Martin, Ndiaye, Cameron, and Hackett voted
against the amendment.
The motion (Hackett/Coorey) was put to the vote
and declared lost.
Crs Martin, Ndiaye, Lyon, Cameron, Spooner, and Hunter voted
against the motion.
|
|
|
FORESHADOWED MOTION
Moved that Council:
1. Implements
the learnings and improvements to the Public Art process identified in this
report via a review of the Public Art Guidelines and Criteria.
2. Proceed
with Option 1 as set out in the staff report, of allowing the artist to
complete the works, if the conditions as detailed in the report are met.
3. Resolves
to fund its preferred option accordingly.
4. Notes
that due to the priority work associated with implementing the learnings and
improvements identified in this report, work on the Arts and Culture Policy
as per resolution 18-450, will be deferred until Q2 of 2019/20
5. Council,
in conjunction with local arts organisation, run a workshop or series of
workshops to assist local artists in up skilling in the process of workshops
to assist local artist in up skilling local artists in the Expression of
Interest application process and their ability to meet the selection
criteria.
6.
That Staff investigate potential ways to
increase the weighting of local artists in the selection criteria in future
Expression of Interest processes. (Ndiaye/Cameron)
The motion was put to the vote and declared tied.
Crs Lyon, Hackett, Spooner and Hunter voted against the
motion.
|
|
|
Procedural MotionS
|
|
19-058
|
Resolved that
this matter rest on the table. (Lyon/Cameron)
The motion was put to the vote and declared carried.
|
The meeting adjourned at 1:15pm for a lunch break and
reconvened at 2:07pm.
|
19-059
|
Resolved that
Report No. 13.13 be lifted from the table. (Lyon/Coorey)
The motion was put to the vote and declared carried.
|
The Acting Mayor abstained from using his casting vote
and declared the motion(Ndiaye/Cameron) lost.
|
19-060
|
Resolved that the matter 13.13 be recommitted.
(Ndiaye)
The motion was put to the vote and declared carried.
Cr Spooner voted against the motion.
|
|
19-061
|
Resolved that Council:
1. Implements
the learnings and improvements to the Public Art process identified in this
report via a review of the Public Art Guidelines and Criteria.
2. Proceed
with Option 1 as set out in the staff report, of allowing the artist to
complete the works, if the conditions as detailed in the report are met; but
subject to the matter being reconsidered by Council before the option is
implemented.
3. Resolves
to fund costs up to $2000 from the Public Art Panel budget accordingly.
4. Notes
that due to the priority work associated with implementing the learnings and
improvements identified in this report, work on the Arts and Culture Policy
as per resolution 18-450, will be deferred until Q2 of 2019/20.
5. Council,
in conjunction with local arts organisation, run a workshop or series of
workshops to assist local artists in up skilling in the Expression of
Interest application process and their ability to meet the selection
criteria.
6. That
staff investigate potential ways to increase the weighting of local artists
in the selection criteria in future Expression of Interest processes and bring
a report to both the Public Art Panel and Council in relation to this. (Ndiaye/Lyon)
The motion was put to the vote and declared carried.
Cr Spooner voted against the motion.
|
Staff Reports – INFRASTRUCTURE
SERVICES
|
|
Report No. 13.20 Butler
Street Reserve Access During Byron Bay Bypass Construction
File No: I2019/47
Cr Spooner
left the Chamber at 2:21PM in accordance with his earlier declared pecuniary
interest in this matter.
|
|
19-062
|
Resolved:
1. That
Butler Street Reserve be closed to the public after the 7 July Community
Market for a period of 6 months while the section of the Byron Bay Bypass
(including the Somerset Street Roundabout and its western and southern legs
and the area of works within Butler Street north of the roundabout) is
constructed.
2. That
lockable steel gates be installed at the entry points to the Reserve to
restrict vehicle access during the closure period and during the ‘no
parking’ periods overnight.
3. That
staff provide market managers with any information available regarding
viability of other potential relocation sites identified by the markets,
including planning approvals required.
4. That
staff ensure The Cav has all relevant approvals in place to host markets
during the closure period, should that be required, and provide details to
market managers regarding power and water access, amenities and traffic
management plans for the site.
5. That
the Butler Street Reserve be made available as a site compound for the
Contractor for the duration of the closure and one (1) week after this
section is constructed and open to traffic, to allow relocation of the site
compound.
6. That
staff continue to liaise with market managers to facilitate the return of
markets to Butler Street Reserve once relocation of the site compound has
occurred. (Lyon/Hunter)
The
motion was put to the vote and declared carried.
Cr
Spooner was not present for the vote.
|
Cr Spooner returned to the Chambers at 02:30 pm.
|
|
Procedural
Motion
|
|
19-063
|
Resolved that Council change the order of business to deal
with Report 13.19 next on the Agenda. (Lyon)
The motion was put to the vote and declared carried.
|
Staff Reports – SUSTAINABLE
ENVIRONMENT and economy
|
|
Report No. 13.19 Reflections
Holiday Parks - exhibition of draft Plans of Management for Ferry Reserve and
Massy Greene Reserve, Brunswick Heads
File No: I2019/124
|
|
19-064
|
Resolved that Council:
1. That
Council receives the report from Reflections Holiday Park on the exhibition
of the draft Plans of Management for Ferry Reserve and Massy Greene Reserve,
Brunswick Heads and the advice that compliance with Resolution 17-184 is
achieved from a staff perspective.
2. That
in line with Resolution 17-184 , Council makes a submission to Reflections
Holiday Parks that requests the Plan of Management for Ferry Reserve be
amended such that:
a) the
northern boundary of the operational area of the Ferry Reserve Holiday Park
aligns with the northern side of the existing road formation
b) all
grassed foreshore area as a consequence of this change is left as a foreshore
parkland for shared use with members of the general public and the
park’s patrons
3. That
Council’s submission:
a) Notes
the degradation of the foreshore area and the loss of mature trees and
vegetation on Ferry Reserve foreshore and does not support a Plan of
Management that will enable intensification of activity in the foreshore area
as it further degrades the area
b) Notes
lack of compliance at Ferry Reserve regarding the regular incursion into
foreshore areas by park visitors as noted in photographs and videos provided by
residents
c) Provides
the photographic evidence provided by residents of recent incursions onto the
Ferry Reserve foreshores
d) Urges
Reflections to prioritise the rehabilitation of riparian zones in Ferry
Reserve
e) Request
clear, verifiable actions diagrams, and surveyed maps be incorporated into
the Plan of Management that address items 3(a-d) above
4. That
Council writes to the relevant Minister to advise them of Council’s
concerns as per point 3 and advises Reflections of same
5. That
any subsequent changes required to the Approval to Operate for Ferry Reserve
Holiday Park be considered at the time of renewal or new application. (Coorey/Ndiaye)
The motion was put to the vote and declared carried.
|
|
|
Procedural Motion
|
|
19-065
|
Resolved that Cr Coorey be granted a two
minute extension to her speech. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
Staff Reports – INFRASTRUCTURE
SERVICES
|
|
Report No. 13.21 Results
of the Public Exhibition of the Byron Bay to Suffolk Park Cycleway
Investigation Report
File No: I2019/125
|
|
19-066
|
Resolved:
1. That
the results of the public exhibition of the Byron Bay to Suffolk Park
Cycleway Investigation be noted.
2. That
the public submissions, which are confidential attachments to the report, be
noted and replies provided advising of Council’s decision.
3. That
Council:
a) Proceed
with the Proposed Option Concept Design (Option 2B for the northern section
and Option 1 for the Central and Southern sections) as the basis for
development of the Byron Bay to Suffolk Park Cycleway.
b) Proceed
with Option 2B for the Northern Section, noting that:
i) Parking,
impact to resident access and safety is carefully considered during the
development of the detailed design.
ii) Option
4 should continue to be considered as a potential option for additional
future works beyond the upgrade of the study corridor.
c) Consider
each of the suggestions submitted as part of the public exhibition process
during the development of the detailed design, and implement/include in the
design if suitable and feasible.
d) Undertake
consultation with The Byron Bay General Store during the development of the
detailed design and further progress of the project.
e) Endorse
the proposed naming of the of the cycleway, as the
‘Ben Donohoe Memorial Cycle Way’. (Spooner/Hunter)
The motion was put to the
vote and declared carried.
|
|
|
Report No. 13.24 Parking
Options for Teachers and Staff at Byron Bay Public School
File No: I2019/182
|
|
19-067
|
Resolved:
1. That
Byron Bay Public School teachers and staff receive a free interim parking
permit, upon application, for the school’s precinct residential parking
scheme area with the purchase of an ePermit.
2. That
the Byron Community Primary School teachers and staff receive a free interim
parking permit, upon application, for the Tennyson / Massinger Street
residential parking scheme area with the purchase of an ePermit. (Lyon/Spooner)
|
|
|
AMENDMENT
Moved:
1.
That Byron Bay Public School teachers and staff receive a free interim
parking permit, upon application, for the school’s precinct residential
parking scheme area with the purchase of an ePermit.
2.
That the Byron Community Primary School teachers and staff receive a
free interim parking permit, upon application, for the Tennyson / Massinger
Street residential parking scheme area with the purchase of an ePermit.
3.
Staff living outside the area that work at either primary school be
charged at the same rate as a resident of the shire and that both schools be
provided with 10 interim permits free of charge that can be allocated to
casual workers. (Ndiaye/Coorey)
The amendment was put to the vote and declared lost.
Crs Martin, Lyon, Cameron, Hackett, Spooner, and
Hunter voted against the amendment.
The motion was put to the vote and declared carried.
Cr Ndiaye voted against the motion.
|
COMMITTEE Reports – INFRASTRUCTURE
SERVICES
|
|
Report No. 14.4 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 31 January
2019
File No: I2019/160
|
|
19-068
|
Resolved that Council note
the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on
31 January 2019. (Ndiaye/Lyon)
|
|
19-069
|
Resolved that Council
does not adopt the following Committee Recommendation(s)
4.1 as detailed in the Report , but instead adopts the Management
Recommendation(s) as follows
Report No. 4.1 Murtagh Wetlands Report
Update
File No:
I2019/10
Management
Recommendation 4.1.1
1. That Council note the report
State and performance of Byron Bay STP Constructed Wetlands and 24 Ha (E2019/4107) and undertake the recommendations
of the report.
2. That Council also consider
monitoring phosphorus level in the soil of the Wetland area in order to
monitor sequestration of phosphorus over future years.
3. That Council note the report
Belongil Water Cycle Study, Scoping Brief -BSC E2019/3137 and undertake the
recommendations of the report
4. That Council note the report
Sandmining drain/track status and impact on Belongil catchment E2019/3138 and
undertake the recommendations of the report
5. That
Council consider to undertake piezometric monitoring along the track in
preparation for in depth hydrological studies to determine the possible role
or impact of the mining drain in the upper Belongil catchment as part of an
Integrated Belongil Catchment Management Plan.
6. That
outcomes of point 5 are reported back to the Waste, Water, and Sewer
Committee for consideration (Ndiaye/Lyon)
|
|
19-070
|
Resolved that Council
adopt the following Recommendation(s):
Report
No. 4.2 Mullumbimby Inflow and Infiltration Update
File No: I2019/11
Committee Recommendation 4.2.1
That the Committee note the
report (Ndiaye/Lyon)
|
|
19-071
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.3 Items Requested by Duncan Dey
File No: I2019/12
Recommendation:
That Council note that the
Committee meeting ran over time and this item has
been not discussed and have been referred to a meeting of this Committee as
the first item in the Agenda.
(Ndiaye/Lyon)
|
|
19-072
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.4 Update on alternate flow
path for treated effluent from West Byron STP
File No:
I2019/14
Committee Recommendation 4.4.1
1. That Council consider further options for the
Additional Flow Path due to the fact that the one currently being considered
(Option 2) cannot be used during moderate to heavy rainfall periods.
2. That
the options could include (but not limited to) the creation of biodiversity
stewardship sites on private property, seeking contributions from
developments to strategic environmental repair in locations confirmed as the
highest priority for the catchment, an environmental levy and grant funding. (Ndiaye/Lyon)
|
|
19-073
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.5 The remediation & rehabilitation of the Myocum
Quarry Landfill
File No: I2019/17
Committee Recommendation 4.5.1
That WWSC receive further
information on the status and obligations of rehabilitation on
Council’s quarry and other quarries. (Ndiaye/Lyon)
|
|
19-074
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.6 Make the Switch Program - Six Month Report
File No: I2019/59
Committee Recommendation 4.6.1
That the Council note the
December 2018 - Six Month progress report for the Plastic Free Byron Make the
Switch program and communicate successes to key stakeholders. (Ndiaye/Lyon)
|
|
19-075
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.7 Illegal Dumping and Litter Education and
Enforcement Plan
File No: I2019/66
Committee Recommendation 4.7.1
That Council endorse the
implementation of the Illegal Dumping and Litter Education and Enforcement
Plan 2019. (Ndiaye/Lyon)
|
The motions were put to the
vote and declared carried.
Staff
Reports - General Manager
|
|
Report No. 13.2 Railway
Park rotunda location
File No: I2019/46
|
|
19-076
|
Resolved:
1. That
Council relocate the rotunda to the road reserve at Wordsworth St during the
Railway Park construction period, unless it can be shown that moving it to Site
B as part of the initial stage of construction results in overall cost
savings for the project.
2. That
Council nominate the permanent location of the Railway Park rotunda post
construction identified as Site B in the report, as the permanent location
for the rotunda.
3. That
Council undertake an Expression of Interest process for the use of the
rotunda by community groups as adopted in the Railway Park Plan of
Management. (Spooner/Hackett)
The motion was put to the vote and declared carried.
Cr Ndiaye and Cameron voted against the motion.
|
|
|
Report No. 13.3 Former
Byron hospital project update
File No: I2019/71
|
|
19-077
|
Resolved:
1. That
Council note the work undertaken to date to progress the Byron hospital
project.
2. That
no decision regarding the governance of the site be made until the terms of
the sale contract are known and agreed by council.
3. That
Council continue to receive progress updates on the project including:
- Proposed
site uses
- Financial
modelling
- Detailed
governance model implications
- Proposed
lease terms
4. That
staff work with NSW Health to negotiate sale conditions that meet the project
objectives adopted by Council and submitted to the State Government. (Spooner/Hackett)
The motion
was put to the vote and declared carried.
|
Staff
Reports - Corporate and Community Services
|
|
Report No. 13.6 National
General Assembly of Local Government 2019
File No: I2019/3
|
|
19-078
|
Resolved that
Council:
1. Authorises
two Councillors, Cr Lyon and Cr Ndiaye, to attend the 2019 National General Assembly
of Local Government to be held at the National Convention Centre in Canberra
from 16 to 19 June 2019 and nominates Cr Ndiaye as the voting delegate.
2. Considers
endorsement of any motions for submission to the National General Assembly,
at its Ordinary meeting scheduled for Thursday, 28 March 2019, to meet the
lodgement deadline with ALGA of Friday, 29 March 2019. (Lyon/Coorey)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.8 Section
355 Management Committees - resignations and appointments
File No: I2019/31
|
|
19-079
|
Resolved:
1. That
Council considers a new Councillor appointment to the Lone Goat Gallery Board
of Management, and appoints Councillor Lyon.
2. That
the resignation of Melissa Tonnet from the South Golden Beach Hall Management
Committee be accepted and that a letter of thanks be provided. (Lyon/Coorey)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.9 Council
Resolutions Quarterly Review - 1 October to 31 December 2018
File No: I2019/64
|
|
19-080
|
Resolved:
1. That
Council notes the information provided in this report on active Council
Resolutions in Attachment 1 (#E2019/4388).
2. That
Council notes the completed Resolutions in Attachment 2 (#E2019/4390).
3. That
future Council Resolutions Quarterly Review be provided with the Council
business papers in a revised format that:
a) is more condensed
b) is in a
portrait format
c) is text
searchable (Coorey/Lyon)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.17 Sustainable
Agriculture and Agribusiness Project update
File No: I2019/100
|
|
19-081
|
Resolved:
1.
That Council endorse the Byron Shire
Agricultural Cluster Group Terms of Reference (Attachment 1 –
E2018/90392) with the addition to objective e as follows: e) Work
collaboratively within industry, commerce, the wider community and Council on
shared interests towards a common goal including the right to farm land
responsibly.
2.
That the Council members of the Strategic
Business Panel be appointed to the Agricultural Cluster Group.
3.
That the next meeting of the Group include a
wider discussion on the Groups purpose, remit and objectives to inform a
review of these to be presented to a subsequent council meeting for final
endorsement. (Hunter/Ndiaye)
|
Cr Hackett left the Chambers at 04:10 pm and returned 04:13
pm.
The motion was put to the vote and declared carried.
Staff
Reports - Infrastructure Services
|
|
Report No. 13.23 Byron
Bay Memorial Recreation Grounds Draft Plan of Management
File No: I2019/136
|
|
19-082
|
Resolved:
1. That
Staff arrange for the public exhibition of the draft Plan of Management, in
accordance with the requirements of the Local Government Act 1993;
including arrangements for an independently chaired Public Hearing at the
completion of the exhibition period.
2. That
a post-exhibition report be brought to Council, including conclusions and
recommendations from the Public Hearing, to allow the adoption of a Plan of
Management for the Byron Bay Memorial Recreation Grounds. (Ndiaye/Coorey)
The motion was put to the
vote and declared carried.
|
Reports
of Committees - Infrastructure Services
|
|
Report No. 14.5 Report
of the Local Traffic Committee Meeting held on 8 February 2019
File No: I2019/179
|
|
19-083
|
Resolved that Council note
the minutes of the Local Traffic Committee Meeting held on 8 February
2019. (Cameron/Lyon)
|
|
19-084
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 6.1 Byron Bay Transport Interchange - Regulatory
Signage
File No: I2019/121
Committee Recommendation 6.1.1
That Council adopt the Line
Marking and Signage Plan for the Byron Bay Transport Interchange as per
Attachment 1 (#E2019/5213). (Cameron/Lyon)
|
|
19-085
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report
No. 6.2 Railway Hotel and Lawson Street South Carparks -
Regulatory Signage
File No: I2019/122
Committee Recommendation 6.2.1
That Council adopt the Line
Marking and Signage Plan for the Railway Hotel and Lawson Street South
Carparks as per Attachment 1 (#E2019/9818) (Cameron/Lyon)
|
The motion was put to the vote and declared carried.
FORESHADOWED
MOTION
|
|
Moved that
Council:
1. Note
the minutes of Local Traffic Committee of 8 February 2019 and
particularly:
a) Concerns
‘relating to pedestrian safety at shared crossing’ raised by the
Member for Ballina.
b) RMS
request that ‘Council investigate other opportunities to improve
connectivity and safety’
c) Committee
comments that ‘acknowledges that due to site constraints compromises
have had to be made with regards to pedestrian share path crossing points and
path way and vehicle conflict arrangements’.
2. Note
the submissions period for the Office of Environment and Heritage only closed
on 20 February 2019 and these submissions need to be properly considered
prior to finalisation of the design.
3. Write
to the NSW Premier and NSW Minister for Transport to advise of the
constraints of the current location and design that compromises pedestrian
safety with a request that TFNSW reconsider the design of the interchange
that is consistent with the Byron Town Centre Masterplan principles of
supporting pedestrian movement and safety as the top priority.
4. Provide
copies of the letter in point 3 to Ben Franklin and Hon. Tamara Smith, MP for
Ballina.
5. Not
support the Management intention to seek extension of the project area
‘within TFNSW land’. (Cameron/Coorey)
|
|
|
Procedural MotionS
|
|
19-086
|
Resolved that
the motion be put. (Spooner)
The motion was put to the vote and declared carried.
Crs Coorey, Ndiaye, Cameron voted against the motion.
|
The motion was put to the vote and declared tied.
Crs Lyon, Hackett, Spooner and Hunter voted against the
motion.
The Acting Mayor abstained from using his casting vote
and declared the motion lost.
|
19-087
|
Resolved that
the item be recommitted. (Ndiaye)
The motion was put to the vote and declared carried.
Crs Hunter, Hackett and Spooner voted against the
motion.
|
|
|
Moved that Council:
1. Note
the minutes of Local Traffic Committee of 8 February 2019 and
particularly:
a) Concerns
‘relating to pedestrian safety at shared crossing’ raised by the
Member for Ballina.
b) RMS
request that ‘Council investigate other opportunities to improve
connectivity and safety’
c) Committee
comments that ‘acknowledges that due to site constraints compromises
have had to be made with regards to pedestrian share path crossing points and
path way and vehicle conflict arrangements’.
2. Note
the submissions period for the Office of Environment and Heritage only closed
on 20 February 2019 and these submissions need to be properly considered
prior to finalisation of the design.
3. Write
to the NSW Premier and NSW Minister for Transport to advise of the
constraints of the current location and design that compromises pedestrian
safety with a request that TFNSW reconsider the design of the interchange so
that it is consistent with the Byron Town Centre Masterplan principles of
supporting pedestrian movement and safety as a top priority.
4. Provide
copies of the letter in point 3 to Ben Franklin and Hon. Tamara Smith, MP for
Ballina.
5. Not
support the Management intention to seek extension of the project area
‘within TFNSW land’. (Cameron/Martin)
|
|
|
AMendment
|
|
|
Moved that
Council:
1. Note
the minutes of Local Traffic Committee of 8 February 2019 and
particularly:
a) Concerns
‘relating to pedestrian safety at shared crossing’ raised by the
Member for Ballina.
b) RMS
request that ‘Council investigate other opportunities to improve
connectivity and safety’
c) Committee
comments that ‘acknowledges that due to site constraints compromises
have had to be made with regards to pedestrian share path crossing points and
path way and vehicle conflict arrangements’.
2. Note
the submissions period for the Office of Environment and Heritage only closed
on 20 February 2019 and these submissions need to be properly considered
prior to finalisation of the design.
3. Write
to the NSW Premier and NSW Minister for Transport to advise of the
constraints of the current location and design that compromises pedestrian
safety with a request that TFNSW reconsider the design of the interchange so
that it is consistent with the Byron Town Centre Masterplan principles of
supporting pedestrian movement and safety as a top priority.
4. Provide
copies of the letter in point 3 to Ben Franklin and Hon. Tamara Smith, MP for
Ballina. (Ndiaye/Coorey)
|
The amendment (Ndiaye/Coorey) was put to the vote and
declared tied.
Crs Martin, Cameron, Hackett and Spooner voted against
the amendment.
The Acting Mayor abstained from using his casting vote
and declared the amendment lost.
The motion (Cameron/Martin) was put to the vote and
declared lost.
Crs Ndiaye, Lyon, Hackett, Spooner and Hunter voted
against the motion.
Late
Reports
|
|
Report No. 17.1 Confidential - Federal Drive
Landslide Stabilisation (Tender 2019-0002)
File No: I2019/237
|
|
|
Moved:
1. That
pursuant to Section 10A(2)(c) and (d)i of the Local Government Act, 1993,
Council resolve to move into Confidential Session to discuss the report
Federal Drive Landslide Stabilisation (Tender 2019-0002).
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) information
that would, if disclosed, confer a commercial advantage on a person with whom
the Council is conducting (or proposes to conduct) business
b) commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as:
Confidential commercial information
relating to the tender process. (Lyon/Hackett)
|
|
19-088
|
Resolved:
1. That
pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the
Annexures to the report, Federal Drive Landslide Stabilisation (Tender
2019-0002) 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 adopt the recommendation set out on the final page of the Report.
(Cameron/Coorey)
|
Cr Ndiaye left the Chambers at 05:10pM and returned at 05:12pm.
The amendment was put to the vote and declared carried.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
There being no further business the meeting concluded at 5:17PM.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 28 March 2019.
….…………………………
Acting Mayor Michael
Lyon
