Ordinary Meeting
Minutes
28 March 2019
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 28 March 2019
COMMENCING AT 9.05AM
AND CONCLUDING AT 1.47PM
I2019/430
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)
Michael
Matthews (Manager Open Space and Resource Recovery) Item 9.4, 13.3
Annie
Lewis (Media and Communications Coordinator) Item 9.1
Rob
Van Iersel (Major Projects Planner) Item 9.3
James
Flockton (Flood and Drainage Engineer) Item 13.11
Chloe
Dowsett (Coastal and Biodiversity Coordinator) Item 13.11
Mila
Jones (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:
9.4 Security
Cameras on Council Road Reserve in Grays Lane
Debra Conomy (Byron Naturists) and Matthew O’Reilly
(CABS) addressed Council in favour of the recommendation.
Dorset Campbell-Ross (Tyagarah Community Association)
addressed Council against the recommendation.
9.6 Draft
Charter of Human Rights and Responsibilities
John Anderson addressed Council against the
recommendation.
13.7 Crown
Lands Transition – Additional Information Various Reserves
Matthew O’Reilly (CABS) addressed Council against
the recommendation.
Submission
No. 1 Subcranial denial algorithms
John Anderson made a submission to Council regarding Councillors
not paying attention to reality due to an algorithm of denial.
Question
No. 1 Compliance Matters
John Anderson asked the following question:
Will the compliance section of Council, consistently with
transparency and with the public right to information (whether or not enshrined
in a formal declaration), assist the elected Council to properly fulfil its
function by providing the next meeting of the so-called Strategic Planning
Workshop with the following information, prior to releasing same to the public:
1. A
breakdown of the tidal wave of 819 complaints about illegal development made by
the public last year into applicable categories such as alleged environmental
damage, excessive construction, non-compliant construction, etc.
2. A
breakdown of what proportion and type of complaints were dealt with by
infringement notices, stop-work orders, prosecution, demolition or remediation
orders
3. A
breakdown of what proportion of the 700 plus complains staid to be
‘completed’ were dealt with by taking no action, by ensuring
compliance, by the issue of a cation or by counselling, or by commencing civil
or criminal proceedings as per clause 4.14 of the Enforcement Policy (which
incidentally doesn’t mention demolition as an option)?
The
Director Sustainable Environment and Economy took the question on notice.
Question
No. 2 Illegal Development
Duncan Dey asked the following question:
Councillors, could you please seek legal advice on the following
question:
“Is it true that Council cannot accept a DA for a use
of a building that Council knows is illegal (e.g. built without any approvals
obtained or even sought) and, if so, why does Council encourage developers with
illegal buildings to lodge DA's seeking retrospective development consent?”
Legal Counsel provided the following response:
The Environmental Planning and Assessment Act (EP&A
Act) provides that one can make a development application for anything even,
for example, if the application relates to something that might be prohibited
development - an application can still be made. Council staff do not have the
ability to reject the application even though staff may know it is something
that can’t be approved. The application can still be made.
The spirit of the EP&A Act and indeed the enforcement
policy is to allow people the opportunity to regularise development or a use
before enforcement action is undertaken. That’s both in the Act and in
the enforcement policy.
The Acting Mayor further asked:
So would it be fair to say that Council isn’t the
one encouraging people to build first and permit later, it’s actually the
legislation that’s doing it?
Legal Counsel responded:
And indeed Mayor, Council is currently very active in trying
to get the message out that people should not do the action first and then ask
for forgiveness.
Cr Cameron then asked:
Is there some distinction between the terms that have
been used here i.e. “prohibited”, “unlawful”, the term
that Mr Dey used in his presentation was “illegal”. Are these
all the same thing or do they have distinct meanings in planning law?
Legal Counsel responded:
In planning law, in relation to development control, the
better word is perhaps “unauthorised” in that the action or
whatever it is does not carry the authority of the development consent. So the
word, as I understand it, when those phrases are used, they’re not used
to suggest anything other than “unauthorised”. That’s the
appropriate word. When I hear “illegal” or whatever, I take that as
to mean “unauthorised” unless it’s very clear that something
else is meant. Indeed “prohibited” is a land use table term, but
again if something were to be prohibited and there was an action taken in that
regard, I would still regard it as being unauthorised in terms of the
enforcement process.
The
meeting adjourned at 9.51am and reconvened at 10.20am.
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 13.5. The
nature of the interest being that that his employer, Byron Bay Community
Association, is the licence holder. Cr Spooner elected to leave the Chamber and
will not participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
19-101
|
Resolved that the minutes of the following meetings be
confirmed:
· Byron
Shire Reserve Trust Committee held 28 February 2019
· Ordinary
Meeting held 28 February 2019 (Lyon/Ndiaye)
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. 13.3 Lease to AFL Queensland
Report No. 13.4 Lease
to the Bangalow Community Children's Centre Inc
Report No. 13.6 Byron
Shire Council purchase from Health Administration Corporation of Lot 1 in
Deposited Plan 847910 former Byron District Hospital site. Classification of
Lot 1 in Deposited Plan 847910 former Byron District Hospital site.
Report No. 13.7 Crown
Lands Transition - Additional Information Various Reserves
Infrastructure Services
Report No. 13.11 Clarkes Beach
Stormwater Gully Remediation and Midden Protection - Update on the Project and
Change of Scope
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Lyon
and seconded by Cr Ndiaye. Each recommendation is recorded with a separate resolution
number commencing at Resolution No. 19-102 and
concluding with Resolution No. 19-127.
Cr Spooner left the chamber at 10.25am due to his earlier
declared pecuniary interest in Report No 13.5 and returned at 10.26am.
submissions and grants
|
Report No. 11.1 Byron
Shire Council Submissions and Grants as at 28 February 2019
File No: I2019/254
|
19-102
|
Resolved that Council notes the report and
attachment (#E2019/17068) for the Byron Shire Council Submissions and Grants
as at 28 February 2019. (Lyon/Ndiaye)
|
staff reports – general
manager
|
Report No. 13.1 Adoption
of a Code of Meeting Practice
File No: I2019/23
|
19-103
|
Resolved:
1. That
Council note that the Code of Meeting Practice (E2019/2001) incorporates the
mandatory (as well as some of the non-mandatory provisions) of the Model Code
of Meeting Practice for Local Councils in NSW prescribed on 14 December 2018
2. That
Council endorse the Code of Meeting Practice and place it on public
exhibition for a period of 28 days and invite submissions for a period of 42
days (those periods running concurrently) and that;
a) Should
no submissions be received the Code of Meeting Practice be adopted, or
b) Should
any submissions be received those submissions be reported to Council at its
27 June 2019 Ordinary Meeting. (Lyon/Ndiaye)
|
|
Report No. 13.2 Adoption
of a Code of Conduct
File No: I2018/2336
|
19-104
|
Resolved:
1. That
Council note that the Codes of Conduct (E2019/857, E2019/858 and E2019/859)
incorporate the provisions of the Model Code of Conduct for Local Councils in
NSW prescribed on 14 December 2018
2. That
Council endorse each Code of Conduct and place each Code of Conduct on public
exhibition for a period of 28 days; and
a) That
should no submissions be received, each Code of Conduct be adopted.
b) That
should any submissions be received those submissions be reported to Council.
3. That
Council endorse the Procedures for the Administration of the Codes of
Conduct.
(Lyon/Ndiaye)
|
|
Report No. 13.5 Licence
to Byron Bay Community Association for occupation of the Byron Community
Cabin
File No: I2019/202
|
|
In accordance with his earlier declared pecuniary
interest in this matter, Cr Spooner left the Chamber at 10.25am and returned
following the vote at 10.26am.
|
19-105
|
Resolved:
1. That
Council, authorise the General Manager, to negotiate licence with the Byron
Bay Community Association Incorporated over the Byron Community Cabin located
on part of folio 444/28/758207 on the following terms:
a) Term
one (1) year;
b) Purpose
of a community hall and associated homeless shower access subject to a strict
booking system;
c) Annual
rent set at the value of minimum Crown rent as determined by clause 38 of the
Crown Land Management Regulations 2017 (NSW);
d) All
licence preparation costs be met by the Licensee;
e) The
Licensee to pay outgoings including electricity, phone, water and contents
insurance costs;
f) No
alcohol or illicit drugs to be taken on or consumed within the licensed and
surrounding areas; and
g) The
Licensor to pay outgoings including, but not limited to, the value of general
land rates (if payable), building insurance, security, pest inspections and
fire safety compliance costs.
2. That
Council authorise the publication of the proposed grant of a one (1) year
licence to the Byron Bay Community Association Incorporated for a period of
28 days seeking public comment.
3. That
in the event no submissions are received, that Council delegate to the
General Manager the authority to enter into a licence referred to in 1 above.
4. That
if submissions are received that a new report be brought back to Council at
its April 2019 meeting. (Lyon/Ndiaye)
Cr Spooner was not present for the vote.
|
|
Report No. 13.8 Emergency
Dashboard
File No: I2019/387
|
19-106
|
Resolved that Council note that the development of an
Emergency Dashboard website be placed on hold pending a decision from Open
Cities as to whether it will offer this service to Council as part of its
existing contract. (Lyon/Ndiaye)
|
Staff Reports - Corporate and
Community Services
|
Report No. 13.9 Investments
- 1 February to 28 February 2019
File No: I2019/294
|
19-107
|
Resolved that the
report listing Council’s investments and overall cash position as at 28
February 2019 be noted. (Lyon/Ndiaye)
|
|
Report No. 13.10 Items
from the Audit, Risk and Improvement Committee scheduled for
File No: I2019/269
|
19-108
|
Resolved:
1. That Council notes that a quorum was not achieved
for the Audit, Risk and Improvement Committee meeting on 14 February and
therefore reports are presented directly to Council for consideration.
2. That
with respect to Report No. 4.12018 Community Survey, Council notes
the 2018 Community Survey Report.
3. That with respect to Report
No. 4.2 Credit Card audit, Council:
a) Notes the status of the
Credit Card reforms as announced by the NSW Government in November 2018
b) Notes that the
NSW Auditor General will undertake an audit of Council’s
Credit Card processes (as outlined in its external audit plan)
c) Receives further updates
as the audit progresses
4. That with respect
to Report No. 5.1 Update on IT actions, Council
resolves:
a) That pursuant to Section
10A(2)(f) of the Local Government Act, 1993 resolves to move into
Confidential Session to discuss the report Update on IT actions.
b) That the reasons for
closing the meeting to the public to consider this item be that the report
contains: details of systems and/or arrangements that have been implemented
to protect council, councillors, staff and Council property
c) that on balance it is
considered that receipt and discussion of the matter in open Council would be
contrary to the public interest, as: it exposes information security risks
and vulnerabilities that could assist threats in the environment to expose
Council data and systems to those without authorisation
5. That with respect
to Report No 5.1 Update on IT actions, Council:
a) Notes the update
provided in the report on IT risk related activities
b) Records actions as
‘closed’ where management has addressed the issue.
6. That with respect
to Report No. 5.2 2018 End of Year Audit Management Letter, Council
resolves:
a) That pursuant to Section
10A(2)(f) of the Local Government Act, 1993, Council resolve to move into
Confidential Session to discuss the report 2018 End of Year Audit Management
Letter.
b) That the reasons for
closing the meeting to the public to consider this item be that the report
contains: details of systems and/or arrangements that have been implemented
to protect council, councillors, staff and Council property
c) That on balance it is
considered that receipt and discussion of the matter in open Council would be
contrary to the public interest, as: the report contains details of systems
and/or arrangements that have been implemented to protect Council,
Councillors, Staff and Council Property
7. That
with respect to Report No. 5.2 2018 End of Year Audit Management Letter,
Council notes the comments provided by Management in response to matters
raised in the 2018 End of Year Audit Management Letter.
8. That with respect
to Report No. 5.3 Audit progress report - January 2019, Council resolves:
a) That pursuant to Section
10A(2)(f) of the Local Government Act, 1993, Council resolves to move into
Confidential Session to discuss the report Internal Activity & Progress
Report - November 2018.
b) That the reasons for
closing the meeting to the public to consider this item be that the report
contains: details of systems and/or arrangements that have been implemented
to protect council, councillors, staff and Council property
c) That on balance it is
considered that receipt and discussion of the matter in open Council would be
contrary to the public interest, as: it would expose details of systems
and/or arrangements that have been implemented to protect council,
councillors, staff and Council property.
9. That with respect
to Report No. 5.3 Audit progress report - January 2019, Council:
a) Notes the Internal Audit
Activity Report – February 2019
b) Endorses the completion
of recommendations as per Table 1 and Table 2
10. That with respect
to Report No. 5.4 2018/2019 External Audit Engagement Plan, Council
resolves:
a) That pursuant to Section
10A(2)(d)i of the Local Government Act, 1993, Council resolves to move into
Confidential Session to discuss the report 2018/2019 External Audit
Engagement Plan.
b) That the reasons for
closing the meeting to the public to consider this item be that the report
contains: commercial information of a confidential nature that would, if
disclosed prejudice the commercial position of the person who supplied it
c) That on balance it is
considered that receipt and discussion of the matter in open Council would be
contrary to the public interest, as: it has the potential to prejudice the
commercial position of the contracted auditor Thomas Noble and Russell,
undertaking the audit on behalf of the Audit Office of New South Wales and
disclosure request by the Audit Office of New South Wales
11. That with respect to Report
No. 5.4 2018/2019 External Audit Engagement Plan, Council:
a) Notes the External Audit
Engagement Plan prepared by the Audit Office of New South Wales for the year
ended 30 June 2019 as outlined in Attachment 1 (#E2019/9292).
b) That the report and
Attachment 1 of the closed part of the meeting remain confidential.
12. That with respect to Report
No. 5.5 Internal Audit Plan update - Cash Management Audit, Council resolves:
a) That pursuant to Section
10A(2)(f) of the Local Government Act, 1993, Council resolves to move into
Confidential Session to discuss the report Internal Audit Plan update - Cash
Management Audit.
b) That the reasons for
closing the meeting to the public to consider this item be that the report
contains: details of systems and/or arrangements that have been implemented
to protect council, councillors, staff and Council property
c) That on balance it is
considered that receipt and discussion of the matter in open Council would be
contrary to the public interest, as: It contains details of systems and/or
arrangements that have been implemented to protect council, councillors,
staff and council property.
13. That with
respect to Report No. 5.5 Internal Audit Plan update - Cash Management
Audit, Council notes the report and attached Terms of Reference
(E2019/8478). (Lyon/Ndiaye)
|
Staff Reports - Infrastructure
Services
|
Report No. 13.12 Byron
Bay Township Open Space Service Review 2019
File No: I2019/374
|
19-109
|
Resolved:
1. That
Council note the Byron Bay Township Open Space Service Review 2019
(E2019/18505)
2. That
Staff will arrange a briefing to the Masterplan Guidance Group on the Service
Review and outcomes including actions moving forward. (Lyon/Ndiaye)
|
|
Report No. 13.13 Draft
Plan of Management Suffolk Park Recreation Grounds
File No: I2019/399
|
19-110
|
Resolved:
1. That
Council adopt the Draft Plan of Management Suffolk Park Recreation Grounds
(#E2019/18823) for public exhibition, and that the draft Plan of Management
be placed on public exhibition, in accordance with the requirements of the Local
Government Act 1993.
2. That
a post-exhibition report be brought to Council, including consideration of
and recommendations on any submissions received during the exhibition
period.
(Lyon/Ndiaye)
|
Reports
of Committees - Corporate and Community Services
|
Report No. 14.1 Report
of the Finance Advisory Committee Meeting held on 14 February 2019
File No: I2019/215
|
19-111
|
Resolved that Council notes the minutes of the Finance
Advisory Committee Meeting held on 14 February 2019. (Lyon/Ndiaye)
|
19-112
|
Resolved that Council adopts the following Committee
Recommendation:
Report
No. 4.1 Quarterly Update - Implementation of Special Rate
Variation
File No: I2019/119
Committee
Recommendation 4.1.1
That the Finance Advisory
Committee notes the quarterly update on the Special Rate Variation
Implementation as at 31 December 2018. (Lyon/Ndiaye)
|
19-113
|
Resolved that Council adopts the following Committee
Recommendation:
Report
No. 4.2 Long Term Financial Plan 2018-2028 Update
File No: I2019/157
Committee
Recommendation 4.2.1
That the Finance Advisory
Committee notes the further update provided in respect of the 2018-2028 Long
Term Financial Plan. (Lyon/Ndiaye)
|
19-114
|
Resolved that Council adopts the following Committee
and Management Recommendation:
Report No. 4.3 Budget Review - 1
October 2018 to 31 December 2018
File No:
I2019/162
Committee Recommendation 4.3.1
That the
Finance Advisory Committee recommends to Council:
1. That
Council notes that 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
were
adopted by Council at its Ordinary Meeting held on 28 February 2019.
2. That
Council notes that the revised General Fund Estimated Unrestricted Cash
Result of $1,145,200 for the 2018/2019 financial year as at 31 December 2018
was authorised by Council at its Ordinary Meeting held on 28 February 2019. (Lyon/Ndiaye)
|
Reports
of Committees - Sustainable Environment and Economy
|
Report No. 14.2 Report
of the Biodiversity Advisory Committee Meeting held on 11 February 2019
File No: I2019/217
|
19-115
|
Resolved that Council note the minutes of the Biodiversity
Advisory Committee Meeting held on 11 February 2019. (Lyon/Ndiaye)
|
19-116
|
Resolved that Council adopt the following Committee Recommendation
Report No. 4.2 Flying Fox Project
Reference Group
File No:
I2019/5
Committee Recommendation 4.2.1
That the
Biodiversity Advisory Committee:
1. Note
the outcomes of the two meetings held on 2 October 2018 and 27 November 2018.
2. Recommend
to Council that the amended Constitution of the Flying Fox Project Reference
Group (Attachment 4 - E2018/109946) be adopted.
3. Recommend
to Council that the Councillor representative not be replaced on the Flying
Fox Project Reference Group as it reports to the Biodiversity Advisory
Committee on which there are 3 nominated Councillors. (Lyon/Ndiaye)
|
19-117
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.5 2019 Meeting dates
File No:
I2019/42
Committee Recommendation 4.5.1
That the
Biodiversity Advisory Committee:
1. Note
the 2019 meeting dates, and include two additional field trips in between the
scheduled dates.
2. Amend
the June meeting date to be Monday 17 June in lieu of Monday 10 June 2019.
3. Extraordinary
meetings will be called when required.
4. Future
agenda items and field trips to include: fire and biodiversity, wildlife
corridors, flying foxes. (Lyon/Ndiaye)
|
19-118
|
Resolved that Council adopt
the following Committee Recommendations:
Report No. 4.6
Submissions Report on the draft Pest Animal Management Plan
File No: I2019/58
Committee
Recommendation 4.6.1
That the Biodiversity Advisory Committee recommend
that Council:
1. Note the
submissions received during the public exhibition period (9 August to 21
September 2018), issues raised and staff comments.
2. Adopt the Pest
Animal Management Plan (Attachment 2- E2018/108387) as amended following
public exhibition. (Lyon/Ndiaye)
|
19-119
|
Resolved that Council adopt
the following Committee Recommendations:
Integrated Pest Management Strategy - mapping and revised
timeframes for project delivery
Committee Recommendation 4.4.1
That the
Biodiversity Committee:
1. Note the report
and update on delivery of the project key milestones.
2. Recommend to
Council to endorse in principle the IPM Strategy Communications Plan
(Attachment 5 – E2018/115375).
3. Review the Draft
IPM exclusion and minimisation mapping, Draft Pesticide Use Decision Tree and
provide feedback by 12 March 2019. (Lyon/Ndiaye)
|
Reports
of Committees - Infrastructure Services
|
Report No. 14.3 Report
of the Byron Shire Floodplain Risk Management Committee Meeting held on 19
February 2019
File No: I2019/375
|
19-120
|
Resolved that Council
note the minutes of the Byron Shire Floodplain Risk Management Committee
Meeting held on 19 February 2019. (Lyon/Ndiaye)
|
19-121
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 North Byron Floodplain
Risk Management Study and Plan - Update
File No:
I2019/174
Committee Recommendation 4.1.1
1. That
Council approve the calibration results provided in attachment 1
(E2019/10202).
2. That
Council ask WMA Water to articulate as best they can within their final
report, the anomalies between modelled, recorded, and surveyed flood levels
at Federation Bridge for 2012 and 2017
3. That
Council deem the North Byron Flood Model as fit for the purpose of preparing
the Draft Floodplain Risk Management Study.
4. That
Council recognise the likely need for more than 2 further committee meetings
as scheduled for 2019.
5. That
Council recognise that a grant of $250,000 was announced on the weekend for a
Flood Warning Network and that the project should be completed this year. (Lyon/Ndiaye)
|
|
Report No. 14.4 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 8
March 2019
File No: I2019/386
|
19-122
|
Resolved that Council
note the minutes of the Transport and Infrastructure Advisory Committee
Meeting held on 8 March 2019. (Lyon/Ndiaye)
|
19-123
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 RMS Active Transport
Grant Applications for 2019/20
File No:
I2018/2409
Committee Recommendation 4.1.1
That the
grant applications for 2019/20 for the RMS Active Transport grant program be
noted.
(Lyon/Ndiaye)
|
19-124
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.2 Status Update - Bike
Plan and PAMP
File No:
I2019/19
Committee Recommendation 4.2.1
1. That
the Committee note the status update on the development of the Bike Strategy
and Action Plan (Bike Plan) and Pedestrian Access and Mobility Plan (PAMP).
2. That
Option 2 is endorsed for the target completion dates for both Plans, as per
the Updated Delivery Schedule (Option 2). (Lyon/Ndiaye)
|
19-125
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.3 Roadside Barrier Audit
and Condition Assessment
File No:
I2019/35
Committee Recommendation 4.3.1
1. That
the Committee note the report;
2. That
the Committee note the progressive renewal of roadside barriers is currently
unfunded and that urgent repairs are funded from the annual road maintenance
budget;
3. The
Council consider the potential allocation of funding to support a progressive
and long term road side barrier renewal program. (Lyon/Ndiaye)
|
19-126
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.4 Buildings Asset Management Plan
File No: I2019/55
Committee
Recommendation 4.4.1
That the Committee support the
ongoing development of the Buildings Asset Management Plan and the associated
community consultation and engagement plan. (Lyon/Ndiaye)
|
19-127
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.5 Development of a
Shire-wide Transport Strategy
File No:
I2019/80
Committee Recommendation 4.5.1
1. That
the Council note the following sections including amendments of a Shire-wide
Transport Strategy:
a) Scope
and context
b) Vision
c) Principles
d) Issues
and challenges
2.
That Council note the formation of a Transport
Strategy Working group under the guidance of TIAC:
a) To
develop a RFQ for the engagement of a specialist consultant to undertake the
preparation of the Shire-wide Transport Strategy
b) To
consider the method of consultation
c) To
meet as frequently as required (Lyon/Ndiaye)
|
|
Procedural Motion
|
19-128
|
Resolved that Council change the order of business to deal
with items 9.4, 9.6 and 13.7 next on the Agenda. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
Mayoral
Minute
There was no Mayoral Minute.
Notices
of Motion
|
Notice of Motion No. 9.4 Security Cameras on
Council Road Reserve in Grays Lane
File No: I2019/396
|
19-129
|
Resolved:
1. That
Council install surveillance cameras in the Council managed road reserve
along Grays Lane in order to record traffic movements and vehicle
registrations to assist in the overall management of the inappropriate
behaviour in and around the Tyagarah beach and reserve
2. That
Council proceed installing cameras and associated signage on Crown land where
needed and appropriate
3. That
Council not install surveillance cameras on or in the Tyagarah Nature Reserve
until such time as council receives owner’s consent for such action
4. That
Council allocate up to $15,000 to support life guards at Tyagarah Beach
during the Easter holiday period. (Hunter/Coorey)
|
|
Procedural Motion
|
19-130
|
Resolved that
Cr Hackett be granted a two minute extension to her speech. (Lyon/Coorey)
The motion was put to the vote and declared carried.
|
AMENDMENT
Moved: That
prior to Council undertaking the actions listed in 1-3 below it undertakes a 12
month trial of 'No Clothes Optional (Nude) Bathing' at Tyagarah Beach. This
trial to be reviewed in 12 months’ time.
1. That
Council install surveillance cameras in the Council managed road reserve along
Grays Lane in order to record traffic movements and vehicle registrations
to assist in the overall management of the inappropriate behaviour in and
around the Tyagarah beach and reserve
2. That
Council proceed installing cameras and associated signage on Crown land
where needed and appropriate
3. That
Council not install surveillance cameras on or in the Tyagarah Nature Reserve
until such time as council receives owner’s consent for such action (Spooner/Hackett)
|
Procedural
MotionS
|
19-131
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech. (Cameron/Martin)
The motion was put to the vote and declared carried.
|
19-132
|
Resolved that Cr Coorey be granted a two minute extension
to her speech. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
|
The amendment was put to the vote and declared lost.
Crs Coorey, Martin, Ndiaye, Lyon, Hackett and Spooner
voted against the amendment.
The motion was put to the vote and declared carried.
Crs Lyon, Hackett and Spooner voted against the motion.
|
Notice of Motion No. 9.6 Draft Charter of Human
Rights and Responsibilities
File No: I2019/402
|
19-133
|
Resolved that Council support the Charter of Human
Rights and Responsibilities - Byron Shire and implement its principles
consistently with Council’s powers and responsibilities and with
current laws. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
Cr Hunter voted against the motion.
|
staff reports – general
manager
|
Report No. 13.7 Crown
Lands Transition - Additional Information Various Reserves
File No: I2019/290
|
19-134
|
Resolved that for the
following Crown Reserves, Council resolve to apply to the Minister
administering the Crown Lands Management Act for:
a) Sportsfield
category for Reserve R78676;
b) General
Community Use category for Reserves R73711;
c) Natural
Area category for Reserve R97604;
d) Operational
Land classification for part of Reserve R97066 (small part on which the
Suffolk Park Caravan Park operates) and Community Land classification for the
balance of the reserve.
e) Recommended
classification of Reserve 97139 be further considered at an SPW.
(Cameron/Ndiaye)
The motion was put to the vote and declared carried.
|
Notices of Motion
|
Notice of Motion No. 9.1 Call for Public
Submissions - Design and Functioning of Byron Shire Council Website
File No: I2019/363
|
19-135
|
Resolved:
1. That
Council call for public submissions relating to the design and functioning of
Byron Shire Council’s website with an aim to improving the site to
enable the community to be better informed and to engage with Council
processes.
2. That
a report be provided to Council within three months regarding the
submissions.
(Coorey/Lyon)
The motion was put to the vote and declared carried.
Cr Spooner voted against the motion.
|
|
Notice of Motion No. 9.2 Leg Rope Campaign
File No: I2019/367
|
19-136
|
Resolved:
1. That
Council, through the Byron Safe Beaches committee and its stakeholder groups,
investigate a public safety awareness campaign focusing on inexperienced
surfers and surfers that are not using leg ropes.
2. That
this matter be included as an item on the committee’s first agenda. (Coorey/Hunter)
The motion was put to the vote and declared carried.
Crs Hackett and Spooner voted against the motion.
|
|
Notice of Motion No. 9.3 West Byron -
Alternate Zoning Plan
File No: I2019/384
|
19-137
|
Resolved that Council proceed with the preparation of
a planning proposal to rezone the West Byron Urban Release Area as per the
Alternate Zoning Map in Attachment 1 (#E2019/19623) for submission to the
Department of Planning for gateway determination. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
Cr Hunter voted against the motion.
|
|
Notice of Motion No. 9.5 Climate Emergency
Guidance Group changes
File No: I2019/397
|
19-138
|
Resolved:
1. That
the Climate Emergency Guidance Group, be renamed the Climate Emergency
Working Group;
2. That
Council endorse the Climate Emergency Working Group as an adjunct group of
the Sustainable Emissions Reduction Advisory Committee (SERAC), subject to
the approval of the SERAC. (Coorey/Ndiaye)
The motion was put to the vote and declared carried.
|
The meeting adjourned for lunch at 12.25pm and reconvened
at 1.17pm.
Petitions
There were no petitions tabled.
Delegates'
Reports
There were no delegate’s reports.
Staff
Reports - General Manager
|
Report No. 13.3 Lease
to AFL Queensland
File No: I2019/175
|
19-139
|
Resolved:
1. That
Council, authorise the General Manager, to negotiate a lease to AFL
Queensland for 40m² of office and storage space at the Multi-Purpose
Facility at the Cavanbah Centre 349 Ewingsdale Road Byron Bay on the
following terms:
a) Term
five (5) years;
b) Annual
rent to commence at $14,700 and thereafter increased at each anniversary by
CPI all groups Sydney for the term of the lease;
c) All
lease preparation costs to be met by the Lessee;
d) Rent
to include the cost of utility outgoings including rates, electricity and
water;
e) Rent
to include free use of a meeting room, when available, up to two hours per
month otherwise the standard free for use of indoor facilities must be
paid;
f) Security
call-outs caused by the Lessee to be paid by the Lessee;
g) Lessee
to have ancillary use of change rooms, toilets and shared office kitchen; and
h) Wet
weather and urgent indoor access by the Lessee will be dependent on
availability of existing bookings.
2. That
Council authorise the publication of the proposed grant of a five (5) year
lease to AFL Queensland for a period of 28 days seeking public comment.
3. That
in the event no submissions are received, that Council delegate to the
General Manager the authority to enter into the lease referred to in 1 above.
4. That
if submissions are received that a new report be brought back to Council.
(Cameron/Lyon)
The motion was put to the vote and declared carried.
|
|
Report No. 13.4 Lease
to the Bangalow Community Children's Centre Inc
File No: I2019/188
|
19-140
|
Resolved:
1. That
Council, having considered the submissions made delegate to the General
Manager the authority to enter into two (2) successive five (5) year leases
with the Bangalow Community Children’s Centre Inc for the purpose of
early childhood education and care under the following terms:
a) annual
rent payable by the Lessee commence at the value of minimum Crown rent as
determined by clause 38 of the Crown Land Management Regulations 2018
(NSW) excluding GST;
b) the
Lessor provide subsidised rent to the value of market rent as calculated at 6%
of the land Unimproved Capital Value less rent payable by the Lessee set at
$20,570 per annum excluding GST;
c) all
lease preparation and registration costs to be met by the Lessee;
d) the
Lessee to pay all outgoings other than annual general land rates; and
e) the
Lessee carry out all maintenance, except structural building maintenance, at
the Lessee’s cost.
2. That,
on granting the lease, Council provide for a section 356 of the Local
Government Act 1993 (NSW) financial assistance donation to the value of
$20,570 and provide details of the donation in Council’s Operational
Plan, Budget and that the donation is provided to the Bangalow Community
Children’s Centre Inc for subsidised rent.
3. That,
on granting the lease, Council authorise the General Manager to affix the
Council Seal on the Lease in accordance with clause 400 of the Local
Government (General) Regulations 2005 (NSW). (Lyon/Spooner)
The motion was put to the vote and declared carried.
|
|
Report No. 13.6 Byron
Shire Council purchase from Health Administration Corporation of Lot 1 in
Deposited Plan 847910 former Byron District Hospital site. Classification of
Lot 1 in Deposited Plan 847910 former Byron District Hospital site.
File No: I2019/243
|
19-141
|
Resolved:
1. That
Council supports the purchase of the Old Byron Bay Hospital and continued
negotiations around this contract.
2. That
Council note the report.
3. That
Council invite members of the Old Byron Bay Hospital site steering
committee to attend a workshop with Councillors at the April Strategic
Planning Workshop to discuss:
·
The financial modelling for the project;
·
The governance model options for the project; and
·
Answer any Councillor questions. (Spooner/Ndiaye)
|
|
Procedural Motion
|
19-142
|
Resolved that Cr Spooner be granted a two minute extension
to his speech. (Lyon/Cameron)
The motion was put to the vote and declared carried.
|
The motion ((Spooner/Ndiaye) was put to the vote and
declared carried.
Staff
Reports - Infrastructure Services
|
Report No. 13.11 Clarkes
Beach Stormwater Gully Remediation and Midden Protection - Update on the
Project and Change of Scope
File No: I2019/201
|
19-143
|
Resolved that Council request as a priority a workshop with
Reflections Holiday Parks and key stakeholders (considering including
representatives of Clean & Green Awareness Team; Coastal Estuary
Catchment Panel; and Water Places Group) to discuss the change in scope of
the project, and re-establish key priorities. (Ndiaye/Lyon)
The motion was put to the
vote and declared carried.
|
There being no further business the meeting concluded at 1.47pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 18 April 2019.
….…………………………
Acting Mayor Michael
Lyon