Ordinary Meeting
Minutes
18 April 2019
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 18 April 2019 COMMENCING
AT 9:09AM AND
CONCLUDING AT 2:32PM
I2019/560
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)
Chris
Larkin (Acting Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Josh
Winter (Client Representative – Byron Bypass) – Item 13.3, Item
16.1
Michael
Matthews (Manager Open Spaces and Resource Recovery) – Item 13.3
Claire
McGarry (Place Manager – Byron Bay) – Item 13.3
Sarah
Ford (Manager Social and Cultural Planning) – Item 13.6
Chris
Soulsby (Development Planning Officer S94 & S64) – Item 16.1
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:
9.1 Consider
removal of 'Rural Cabin' provisions and amendment to 'Farm Stay' provisions in
Rural Zones
Cleva O’Reilly and John Anderson addressed Council
in favour of the recommendation.
9.2 Boundary
Adjustment for 5 Deacon Street Bangalow
Aisha Pelmore addressed Council in favour of the
recommendation.
13.3 Temporary
relocation of Byron Farmers Market
David Trevor-Jones on behalf of Byron Farmers Market
addressed Council in favour of the recommendation.
13.6 Lone
Goat gallery Funding
Denise Napier on behalf of Lone Goat Gallery addressed
Council in favour of the recommendation.
16.1 CONFIDENTIAL
- Tender 2019-0005 - Byron Bay Bypass Noise Consultancy - Design &
Implementation of At-Property Treatments
John Anderson and Jan Barham addressed Council against
the recommendation.
Submission
No. 1 - Conducive to Corruption
John Anderson made a submission to Council regarding corruption.
Submission
No. 2 – Old Byron STP Site
Cleva O’Reilly made a submission to Council regarding the
old Byron STP site.
Question
No. 1 – Holiday Letting
John Anderson asked the following question:
A few years ago Council began adding consent conditions
to residential developments to prevent holiday letting in residential zones. Does
Council still do this and if so, under what circumstances? If not, why was the
practice discontinued?
The Acting Director of Sustainable Environment and Economy
provided the following response:
Standard practice to apply the restriction on holiday
letting to secondary dwellings is still our practice, we haven’t
discontinued it. Staff also applies the restriction from time to time on medium
density forms of housing, including dual occupancies and the like, to ensure
such housing is used for that intended purpose.
The meeting adjourned at 10:08am and reconvened at 10:34am.
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 Martin declared a significant non-pecuniary interest in
Report 13.1. The nature of the interest being that she is the Public Officer of
Mullum SEED. Cr Martin elected to leave the Chamber and will not participate in
discussion and the vote.
Cr Ndiaye declared a non-significant non-pecuniary interest
in Report 9.2. The nature of the interest being that the owner is a former
colleague. Cr Ndiaye elected to remain in the Chamber and will
participate in discussion and the vote.
Cr Hunter declared a non-significant non-pecuniary interest
in Report 9.1. The nature of the interest being that he is an owner of RU1 and
RU2 zoned land. Cr Hunter elected to remain in the Chamber and will
participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
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19-156
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Resolved that
the minutes of the Byron Shire Reserve Trust Committee Meeting held 28 March
2019 be confirmed. (Spooner/Hunter)
The motion
was put to the vote and declared carried.
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19-157
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Resolved that the minutes of the Ordinary Meeting held 28
March 2019 be confirmed.
(Hackett/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. 13.3 Temporary relocation of Byron
Farmers Market
Corporate and Community Services
Report No. 13.6 Lone
Goat Gallery - request for support
Report No. 13.7 Section
355 Management Committees - resignations and appointments
Report No. 13.8 Australia
Day 2019 Review and Future Planning
Report
No. 13.11 Policy Review 2019
Reports of Committees
Infrastructure Services
Report No. 14.2 Report
of the Local Traffic Committee Meeting held on 15 March 2019
6.1 Events - Bangalow Billycart
Derby 2019 - Byron Street Road Closure 19 May 2019
7.1 Parking at Nelson Lane,
Brunswick Heads
7.2 Speed Zone Review - Main
Arm Road
8.1 Events - 2019 Splendour in
the Grass Music Festival
8.2 Events - Byron Writers
Festival 2019 - Road Closure
8.3 Bus Stop & Street
Signage Relocation - Bonanza Drive, Billinudgel
Confidential Reports
Infrastructure Services
Report No. 16.1 Confidential - Tender 2019-0005 - Byron
Bay Bypass Noise Consultancy - Design & Implementation of At-Property
Treatments
Cr Martin left the Chambers at 10:41am in accordance with her earlier declared interest in this
matter.
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr Hackett
and seconded by Cr Hunter. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 19-158 and concluding with
Resolution No.19-172.
Submissions
and Grants
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Report No. 11.1 Byron
Shire Council Submissions and Grants as at 25 March 2019
File No: I2019/451
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19-158
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Resolved that Council notes the report and attachment
(#E2019/21570) for the Byron Shire Council Submissions and Grants as at 25
March 2019. (Hackett/Hunter)
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Staff Reports - General Manager
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Report No. 13.1 Licence
to Mullumbimby Sustainability Education and Enterprise Development Inc
File No: I2019/436
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19-159
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Resolved:
1. That
Council authorise the General Manager to negotiate a temporary licence with Mullumbimby
Sustainability Education and Enterprise Development Inc for occupation of
part of Lot 22 DP 1073165 known as the Mullumbimby Community Gardens on the following
terms:
a) term
one (1) month with monthly holding;
b) for
the purpose of a community garden as defined in Policy No. 14/008 Byron Shire
Community Gardens;
c) rent
payable monthly at the value of one twelfth of the minimum Crown rent as
determined by clause 38 of the Crown Land Management Regulations 2017
(NSW);
d) the
Licensee to pay outgoings of water, contents and building insurances; and
e) the
Licensor to pay outgoings of the value of general land rates (if payable).
2. That
Council authorise the publication of the proposed temporary one (1) month
licence with monthly holding over to the Mullumbimby Sustainability Education
an Enterprise Development Inc 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 licence referred to in 1
above.
4. That
if submissions are received that a new report be reported to Council at its
June 2019 meeting. (Hackett/Hunter)
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Report No. 13.2 Sub-Licence
to The Ranch Byron Bay for equestrian activities through Crown Land Lot 428
DP 729272
File No: I2019/445
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19-160
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Resolved:
1. That
Council authorise the General Manager to grant a sub-licence to The Trustee
for the McIvor Family Trust, trading as The Ranch Byron Bay (‘the Ranch
Byron Bay’) for a term of six (6) months for the purpose of access
through part of Lot 428 DP 729272 being Reserve R81780 on conditions that:
a) The
Ranch Byron Bay hold a current permit with Cape Byron Marine Park for the
term of the sub-licence; and
b) The
Ranch Byron Bay takes all steps necessary to ensure all horse droppings are
removed from the sub-licensed area during and at the end of each access
session.
2. The
sub-licence fee for the term be set at one half of the Sub-licence Beach
Access Commercial Horse Riding as set in Council’s current Fees and
Charges. (Hackett/Hunter)
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Report No. 13.4 Brunswick
Valley Woodchop and Entertainment Committee request for sub-licence for
market stalls
File No: I2019/482
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19-161
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Resolved that Council delegate to the General Manager the
authority to enter into a sub-licence with the Brunswick Valley Woodchop and
Entertainment Committee Inc. for a market licence over Part of Lot 7307
DP1167806 on the following:
a) Term
of 30 months;
b) rent
to be set in accordance with Council Fees and Charges;
c) conditional
that the sub-licensee holds a Trust licence for community markets on the
adjacent land; and
d) all
special conditions in the Trust licence to be replicated in the sub-licence.
(Hackett/Hunter)
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Staff Reports – Corporate and
community Services
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Report No. 13.5 Heritage
House Bangalow - Disband Section 355 Management Committee and Grant a Lease
File No: I2017/811
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19-162
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Resolved:
1. That
Council terminates the Delegated Authority under Section 377 of the Local
Government Act 1993 for a Section 355 Management Committee to manage the
Heritage House and Tennis Courts Bangalow.
2. That
Council delegates to the General Manager the authority to negotiate a five
(5) year lease, for the purpose of a Not-For-Profit Museum and Associated Tea
House Rooms, to the Bangalow Historical Society Incorporated over the whole
of Lot 1 DP 1249921 being 4 Ashton Street Bangalow on the following terms:
a) commencement
date 1 June 2019;
b) term
five (5) years and with no holding over provision;
c) initial
rent to be set at the value of minimum Crown rent as determined by clause 38
of the Crown Land Management Regulations 2017 (NSW).
3. That
the $5,000 bank float provided to the Section 355 Management Committee for
Heritage House be donated to the Bangalow Historical Society to cover the
costs of transitioning from a Council committee structure to a lease.
4. That
on granting of the lease, Council:
a) subsidises
the rent by way of a Section 356 donation from Council to the Bangalow
Historical Society Inc. to the value of $3,110 to be provided for in the
2019/2020 Budget, and the forward Long Term Financial Plan; and
b) advertises
the Section 356 donation proposed to be made.
5. That
Council authorises the publication of the proposed five (5) year lease to Bangalow
Historical Society Incorporated for a period of 28 days seeking public
comment.
6. That
in the event no submissions are received, Council delegates to the General
Manager the authority to enter into the lease referred to in 2 above.
7. That
if submissions are received, a new report be brought back to Council at its
June meeting. (Hackett/Hunter)
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Report No. 13.9 Investments
- 1 March 2019 to 31 March 2019
File No: I2019/437
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19-163
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Resolved that the report listing Council’s investments
and overall cash position as at 31 March 2019 be noted. (Hackett/Hunter)
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Report No. 13.10 NSW Crime
Prevention funded project - Improved Street Lighting Jonson St, Byron Bay
File No: I2019/443
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19-164
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Resolved that
Council notes the intention in the
report to progress the NSW Crime Prevention funded project for Improved
Street Lighting in Jonson St, Byron Bay by installing standard street
lighting that meets Australian Standards, also noting that the funds are
required to be acquitted by October 2019. (Hackett/Hunter)
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Staff
Reports - Infrastructure Services
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Report No. 13.12 Land
Matters - Byron Bay Bypass
File No: I2019/382
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19-165
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Resolved:
1. That
Council endorse the closure of part road reserve adjoining Lot 6 Sec 51 DP
758207, being 3 Browning Street Byron Bay and road widening as per Final
Deposited Plan Attachment 3 (E2019/18815) in order to facilitate the
works for the Byron Bay Bypass as per Figure 1.
2. That
Council endorse the dedication of Council Operational Land, being Lot 7 on DP
258071 and Lot 8 on DP 818197 as road reserve, and for staff to submit a
Gazettal Notice to formalise this.
3. That
Council authorise the execution of all documents necessary to affect the road
closure and dedication. (Hackett/Hunter)
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Report No. 13.13 Coastal
Estuary Catchment Panel Minutes - 14 March 2019
File No: I2019/438
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19-166
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Resolved:
1. That
Council note the minutes of the Coastal Estuary Catchment Panel Meeting held
on 29 November 2019.
2. That
Council adopt the following Panel Recommendation(s):
Report No. 4.1 Water
Sensitive Urban Design Policy and Strategy Update
File No:
I2019/132
Panel
Recommendation 4.1.1
1. That the Draft Water
Sensitive Urban Design policy and strategy be presented to a Council
Strategic Planning Workshop.
2. That prior to presentation
the document be updated with the following changes:
a) To consider mandating through
planning instruments minimum pervious areas on development sites and at
land-use area scale.
b) To integrate with
Council’s Climate Change Emergency Declaration including sea level rise
as will occur over the lifetime of the device.
3. That
following the presentation to the Strategic Planning Workshop, the Draft
Water Sensitive Urban Design policy and strategy be endorsed for public
exhibition and submissions invited.
3. That
Council adopt the following Panel Recommendation(s):
Report No. 4.2 Belongil
Creek Entrance Opening Strategy - Update
File No:
I2019/273
Panel
Recommendation 4.2.1
1. That
Council support finalisation of the Options Assessment (E2019/15408) with
minor changes as noted and proceed to Public Exhibition for 28 days of the
Draft Belongil Creek Entrance Opening Strategy.
2. The
results from the Public Exhibition process be reported to extraordinary
meeting of the Coastal Estuary Catchment Panel and then to Council.
4. That
Council adopt the following Panel Recommendation(s):
Report No. 4.3 Item
for the Panel Requested by Duncan Dey - review Council's Policy 14/006 on Climate
Change
File No:
I2019/370
Panel
Recommendation 4.3.1
This item was not discussed and
has been referred to a future extraordinary meeting of this Panel on a date
to be determined.
5. That
Council adopt the following Panel Recommendation(s):
NEW Item: Guidelines for all consultants submitting
reports
Panel
Recommendation 4.3.1
1. That
Council consider guidelines for all consultants submitting reports that:-
b) Pages
have margins no bigger than 20 mm
c) Font
no smaller than 12 point
d) File
sizes no bigger than 30 MB (split documents if necessary, compress pictures)
2. That
Council ensure that documents presented in committee agendas be readable
(font size) and searchable (Hackett/Hunter)
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Report No. 13.14 Part
Road Reserve Closure and Dedication Dingo Lane Coorabell
File No: I2019/466
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19-167
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Resolved:
1. That
Council endorse the concept plan shown in Figure 1 and Attachment 1
E2018/115487 consisting of the closure of parts road reserve Dingo Lane
adjoining Lot 1 DP 627510, Lot 2 DP 775802 and Lot 5 DP 608260 and
consolidation of the closed road into the corresponding adjoining parcel and the
dedication of Part of Lot 5 DP 608260 and part of Lot 1 DP 627510 as road
reserve by way of Plan of subdivision.
2. That
Council authorise the execution of all documents necessary to affect the road
closure, consolidation and dedication. (Hackett/Hunter)
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Report No. 13.15 Electric
vehicle transport forum - waive of fees - section 356 for Cavanbah Centre
File No: I2019/535
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19-168
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Resolved:
1. That
Council make a S356 contribution of $4,000 to Zero Emissions Byron Limited
(ZEB) for the payment of hire fees at the Cavanbah Centre for the electric
vehicle transport forum.
2. That
funding of this contribution is considered as part of the 31 March 2019
Quarterly Budget review. (Hackett/Hunter)
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Reports
of Committees - Sustainable Environment and Economy
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Report No. 14.1 Report
of the Sustainability and Emissions Reduction Advisory Committee Meeting held
on 14 March 2019
File No: I2019/421
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19-169
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Resolved that
Council note the minutes of the Sustainability and Emissions Reduction
Advisory Committee Meeting held on 14 March 2019. (Hackett/Hunter)
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19-170
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Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.1 2019
Meeting dates
File No: I2019/43
Committee Recommendation 4.1.1
1. That
the Sustainability and Emissions Reduction Advisory Committee note the 2019 meeting
dates.
2. That
the Sustainability and Emissions Reduction Advisory Committee hold an extra
meeting on 3 June 2019 (after 3.30pm) (Hackett/Hunter)
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19-171
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Resolved that Council adopt the following Committee Recommendations as follows:
Report No. 4.4 Council's
Climate Change Adaptation Processes - discussion
File No: I2019/252
Committee Recommendation 4.4.1
1. That
the Sustainability and Emissions Reduction Advisory Committee note the report
Council’s Climate Change Adaptation Processes - Update Report
(Attachment 1 – I2019/25).
2. That
the Sustainability and Emissions Reduction Advisory Committee note that there
is currently no resourcing allocated to updating Council’s Climate
Change Adaptation Implementation Plan, and that any requests for funding will
be considered against other Council priorities as part of the preparation of
the draft 2019/20 Operational Plan and Budget.
3. That
a further update on Council’s Climate Adaptation response as per item 2
be added to the agenda of next available Sustainability and Emissions Reduction
Advisory Committee Meeting. (Hackett/Hunter)
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19-172
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Resolved that Council adopt the following Committee Recommendations as follows:
Report No. 4.6 Update
from Cr Coorey - climate change issues
File No: I2019/286
Committee Recommendation 4.6.1
1. That
the Sustainability and Emissions Reduction Advisory Committee note Cr Coorey’s
update on climate change issues.
2. That
the Sustainability and Emissions Reduction Advisory Committee support the
proposal for the Climate Emergency Working Group to become a working group
reporting to the Sustainability and Emissions Reduction Advisory Committee. (Hackett/Hunter)
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Cr Martin returned to the
Chambers at 10:42 am.
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Procedural
Motion
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19-173
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Resolved that
Council change the order of business to deal with Reports 9.1, 9.2, 13.3,
13.6, 16.1 next on the Agenda. (Lyon/Hunter)
The motion was put to the vote and declared carried.
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Notices
of Motion
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Notice of Motion No. 9.1 Consider removal of
'Rural Cabin' provisions and amendment to 'Farm Stay' provisions in Rural Zones
File No: I2019/526
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Cr Lyon withdrew the Notice of
Motion.
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Notice of Motion No. 9.2 Boundary Adjustment
for 5 Deacon Street Bangalow
File No: I2019/539
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19-174
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Resolved that Council agree to a boundary adjustment of 1.5
meters for the southern boundary of Lot 7 section 10 DP 4974 at 5 Deacon
Street, Bangalow to regularise a building encroachment in a heritage area of Bangalow. (Hunter/Spooner)
The motion was put to the vote and declared carried.
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Staff
Reports - General Manager
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Report No. 13.3 Temporary
relocation of Byron Farmers Market
File No: I2019/468
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19-175
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Resolved:
1. That
Council apply for approval to amend the existing consent for The Cavanbah
Centre to accommodate the Byron Farmers Market from July 2019.
2. That
Council provide administrative support as detailed in Table 1 to assist with
market relocation including the waiving of stall fees at The Cav to
the amount of $4,914.00 (based on fees for 51-100 stalls once per week for
six months).
3. That
Council install ancillary infrastructure as noted in Table 2 that:
a) accommodates
the Byron Farmers Markets relocation and operations; and
b) increases
the ability of the Cavanbah Centre to attract complementary markets and
events in future.
4. That
Council acknowledge that construction of the Byron Bay Bypass requires the
temporary suspension of the Byron Farmers Market’s existing licence for
Butler Street Reserve and shall abate rent payable for a period of six
months.
5. That
Council offers the market managers $20,000 funding towards relocation costs
for before and during the bypass construction period.
(Lyon/Ndiaye)
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AMENDMENT
Moved:
1. That
Council apply for approval to amend the existing consent for The Cavanbah
Centre to accommodate the Byron Farmers Market from July 2019.
2. That
Council plan for and provide a dedicated bus lane on market days and that a
further report be provided to Council
3. That
Council, subject to the approval referred to in 1, in principle:
a) provide
administrative support as detailed in Table 1 to assist with market relocation
including the waiving of stall fees at The Cav to the amount of $4,914.00 (based
on fees for 51-100 stalls once per week for six months).
b) acknowledge
that construction of the Byron Bay Bypass requires the temporary suspension of
the Byron Farmers Market’s existing licence for Butler Street Reserve and
shall abate rent payable for a period of six months. (Cameron
/ Coorey)
The amendment was put to the vote and declared lost.
Crs Martin, Ndiaye, Lyon, Hackett, Spooner, and Hunter voted
against the amendment.
The motion was put to the vote and declared carried.
Cr Cameron voted against the motion.
Staff
Reports - Corporate and Community Services
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Report No. 13.6 Lone
Goat Gallery - request for support
File No: I2019/280
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Moved:
1. That
Council notes the achievements of the Lone Goat Gallery in implementing the
Lone Goat Gallery Strategic Plan 2016-2019.
2. That
the draft 2019/20 Budget to include an allocation
of $30,000 for the Lone Goat Gallery. (Hackett/Spooner)
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AMENDMENT
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19-176
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Resolved that Council:
1. Notes
the achievements of the Lone Goat Gallery in implementing the Lone Goat
Gallery Strategic Plan 2016-2019.
2. Fund
the Gallery Coordinator position for three days per week, as previously
resolved by Council. Noting that the draft 2019/20 Budget includes an
allocation of $57,100 for the Gallerist position at three days per week. (Ndiaye/Cameron)
The motion was put to the vote and declared carried.
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Procedural Motion
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19-177
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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.
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The amendment was put to the vote and declared tied.
Crs Coorey, Hackett, Spooner, and Hunter voted against
the amendment.
The Acting Mayor used his casting vote and declared the
amendment carried.
The amendment upon becoming the substantive motion was
put to the vote and declared tied.
Crs Coorey, Hackett, Spooner, and Hunter voted against
the motion.
The Acting Mayor used his casting vote and declared the
motion carried.
The meeting adjourned at 12:10pm and reconvened at 12:22pm.
Confidential
Reports - Infrastructure Services
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Report No. 16.1 Confidential - Tender 2019-0005 -
Byron Bay Bypass Noise Consultancy - Design & Implementation of
At-Property Treatments
File No: I2019/469
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19-178
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Resolved that pursuant to Section 11(3) of the Local
Government Act, 1993, resolve that the Annexures to the report, Tender
2019-0005 - Byron Bay Bypass Noise Consultancy - Design & Implementation
of At-Property Treatments are to be treated as confidential as they relate to
matters specified in s10A(2)(d)i of the Local Government Act 1993. (Coorey/Cameron)
The motion was put to the
vote and declared carried.
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Moved:
1. That
Council defer the acceptance of the Tender for the Byron Bay Bypass
Noise Consultancy until the council considers the tender for the bypass
construction in late May, to establish whether all necessary requirements
have met in relation to the consent conditions and the Bio Banking
requirements and issues raised by David Milledge in the document presented to
Councillors.
2. That
the issues raised in (1) be brought to the next Strategic Planning
Meeting.
(Coorey/Cameron)
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Procedural Motions
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19-179
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Resolved that
Cr Coorey be granted a two minute extension to her speech. (Lyon/Cameron)
The motion was put to the vote and declared carried.
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Cr Hackett left the Chambers at 12:30pm and did not return to the meeting.
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19-180
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Resolved that
Cr Spooner be granted a two minute extension to his speech. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
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19-181
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Resolved that
Cr Cameron be granted a two minute extension to his speech. (Lyon/Coorey)
The motion was put to the vote and declared carried.
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19-182
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Resolved that
Cr Lyon be granted a two minute extension to his speech. (Lyon/Spooner)
The motion was put to the vote and declared carried.
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The motion (Coorey/Cameron) was put to the vote and
declared lost.
Crs Martin, Ndiaye, Lyon, Spooner, and Hunter voted
against the motion.
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19-183
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Resolved:
1. That
Council award Tender 2019-0005 – Byron Bay Bypass Noise Consultancy
– Design and Implementation of At-Property Treatments to Renzo Tonin
Associates NSW Pty Ltd, with a Lump Sum component of $142,000 and schedule of
rates as per the Tender submission for the remainder of the project scope.
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. (Spooner/Hunter)
The motion was put to the vote and declared carried.
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Procedural Motion
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19-184
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Resolved that Cr Ndiaye be granted a two
minute extension to her speech. (Lyon/Martin)
The motion was put to the vote and
declared carried.
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The motion (Spooner/Hunter) was put to the vote and declared
carried.
Crs Coorey and Cameron voted against the motion.
The meeting adjourned at 1:08pm for a lunch break and
reconvened at 1:55pm.
Cr Ndiaye did not return to the Chambers after lunch.
Petitions
There were no petitions tabled.
Delegates'
Reports
There were no delegate’s reports.
Staff Reports - Corporate and
Community Services
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Report No. 13.7 Section
355 Management Committees - resignations and appointments
File No: I2019/398
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19-185
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Resolved:
1. That
the resignation of Dianne Burke from Brunswick Heads Memorial Hall Management
Committee is accepted and a letter of thanks provided.
2. That
the nominee in the confidential attachment be appointed to the Brunswick Heads
Memorial Hall Management Committee.
3. That
the resignation of Leah Kapral from Ocean Shores Community Centre Management
Committee is accepted and a letter of thanks provided.
4. That
the resignation of Liz Poynton from Marvell Hall Management Committee is
accepted and a letter of thanks provided.
5. That
the nominee in the confidential attachment be appointed to the Bangalow Parks
(Showground) Management Committee.
6. That
the nominees listed in the confidential attachment be appointed to the Lone
Goat Gallery Board of Management.
7. That
the resignation of Ana Mantuaneli from South Golden Beach Hall Management
Committee is accepted and a letter of thanks provided. (Cameron/Lyon)
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Procedural MotionS
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19-186
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Resolved that
Council move into Committee to allow for free debate. (Cameron/Lyon)
The motion was put to the vote and declared carried.
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19-187
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Resolved that
Council move out of Committee and resume the Ordinary Meeting. (Cameron/Lyon)
The motion was put to the vote and declared carried.
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The motion (resulting in Resolution 19-184) was put to
the vote and declared carried.
Cr Coorey voted against the motion.
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Report No. 13.8 Australia
Day 2019 Review and Future Planning
File No: I2019/409
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19-188
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Resolved that Council:
1. Notes
this report on Australia Day 2019 activities and disbands the Australia Day
Project Reference Group effective 18 April 2019.
2. Writes
to the members of the Australia Day 2019 Project Reference Group advising of
this resolution and thanking the participants for their assistance.
3. Participates
in the Australia Day Council Ambassador Program for 2020 Australia Day
activities.
4. Contribute to diverse Australia Day 2020 events through a
range of support activities
(Lyon/Cameron)
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Procedural MotionS
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19-189
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Resolved that Council move into Committee to allow for free
debate. (Cameron/Lyon)
The motion was put to the vote and declared carried.
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19-190
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Resolved that Council
move out of Committee and resume the Ordinary Meeting. (Lyon/Cameron)
The motion was put to the vote and declared carried.
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The motion (resulting in Resolution 19-187) was put to
the vote and declared carried.
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Report No. 13.11 Policy
Review 2019
File No: I2019/465
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19-191
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Resolved:
1. That
Council:
a) repeals
the Award Restructuring 1994, Business and Commercial Activities 2012 and
Corruption Prevention 2011 policies.
b) endorses
the Councillor Expenses and Facilities policy 2019 for public exhibition with
the following changes:
i) ICT
equipment and consumables: $3,700 per Councillor year 1 of term, $2,000 per
Councillor year 2 of term; $2,000 per Councillor year 3 of term; $1,000 per
Councillor year 4 of term
ii) Conferences
and seminars $31,500 / annum
c) endorses
the conversion of Councillors’ Access to Information policy 2001 to a
procedure.
2. That
Council endorses the policies listed above being placed on public exhibition
for a period of 28 days. Following the exhibition period:
- should
no submissions be received, that the policies be repealed and/or amended as
listed above.
- should
submissions be received, that the submissions be provided in a further report
to Council. (Lyon/Hunter)
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Procedural MotionS
|
|
19-192
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Resolved that Council move into Committee to allow for free
debate. (Lyon/Cameron)
The motion was put to the vote and declared carried.
|
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19-193
|
Resolved that Council move out of Committee and resume the
Ordinary Meeting. (Lyon/Cameron)
The motion was put to the vote and declared carried.
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The motion (Lyon/Hunter) was put to the vote and declared
carried.
Reports
of Committees - Infrastructure Services
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Report No. 14.2 Report
of the Local Traffic Committee Meeting held on 15 March 2019
File No: I2019/467
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19-194
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Resolved that
Council note the minutes of the extra electronic Local Traffic Committee
Meeting held between 15 March 2019 and 22 March 2019. (Cameron/Coorey)
The motion was put to the
vote and declared carried.
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19-195
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 6.1 Events
- Bangalow Billycart Derby 2019 - Byron Street Road Closure 19 May 2019
File No: I2018/1935
Committee Recommendation 6.1.1
1. That
Council endorse the Bangalow Billy Cart Derby to be held on Sunday 19 May
2019, that includes the temporary road closure below:
a. Byron
Street, Bangalow between Ashton Street and Granuaille Road, between 6am and
4pm on Sunday 19 May 2019.
2. That
the approval provided in Part 1 is subject to:
a. separate
approvals by NSW Police and RMS being obtained, noting that the event is on a
state road or may impact the state road network;
b. implementation
of the approved Traffic Management Plan and Traffic Control Plan, including
the use of signed detours, as designed and implemented by those with
appropriate accreditation;
c. that
the impact of the event be advertised via a notice in the local weekly paper
a minimum of one week prior to the operational impacts taking effect, noting
it must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints.
d. the
event be notified on Council’s webpage.
e. the
event organiser:
i. undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns.
ii. undertake
consultation with emergency services and any identified issues addressed.
iii. holding
$20m public liability insurance cover which is valid for the event.
iv. paying
Council’s Road Event Application Fee prior to the event.
(Cameron/Coorey)
The
motion was put to the vote and declared carried.
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19-196
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 7.1 Parking
at Nelson Lane, Brunswick Heads
File No: I2019/120
Committee Recommendation 7.1.1
1. That
Council’s parking compliance team monitor Nelson Lane, Brunswick Heads
and report their findings and recommendations back to Infrastructure Planning
by 3rd June 2019.
2. That
the petitioners be notified of the recommendation to monitor the situation
and encourage them to engage in friendly communication with their neighbours
to amicably resolve their concerns.
3. That,
subject to the recommendations and outcomes of points 1 and 2 above and an
appropriate budget being identified, install no stopping and/or yellow line
marking on both sides of Nelson Lane, Brunswick Heads. (Cameron/Coorey)
The motion was put to the vote and declared carried.
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19-197
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 7.2 Speed
Zone Review - Main Arm Road
File No: I2019/236
Committee Recommendation 7.2.1
That LTC note the content of the report and note the local
residents request to RMS for a speed zone review of Main Arm Road extending
from Main Arm Road / The Pocket Rd intersection through to Palmwoods Road. (Cameron/Coorey)
The motion was put to the vote and declared carried.
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19-198
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 8.1 Events
- 2019 Splendour in the Grass Music Festival
File No: I2019/189
Committee Recommendation 8.1.1
1. That
Council endorse the Splendour in the Grass
2019 TMP/TCP to be held 17-22 July, 2019. This includes:
a. The
installation and enforcement of No Camping and No Stopping signs between 6am
and 6pm, subject to conditions at Tweed Valley Way, Brunswick Valley Way and
Yelgun Road.
b. The
relocation of the Brunswick Heads pick up and drop off Bus Zone to Fawcett
St, between Mona Lane and the War Memorial,
c. The
installation and enforcement of Brunswick Head Bus Zone signage and
associated works within the Fawcett St road reserve as part of Roads Act
application 51.2018.1029.1.
2. That
the approval provided in Part 1 is subject to:
a. separate
approvals by NSW Police and RMS being obtained, noting that the event is on a
state road or may impact the state road network;
b. implementation
of the approved Traffic Management Plan and Traffic Control Plans, including
the use of signed detours, as designed and implemented by those with
appropriate accreditation;
c. that
the impact of the event be advertised via a notice in the local weekly paper
a minimum of one week prior to the operational impacts taking effect, noting
it must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints.
d. the
event be notified on Council’s webpage.
e. the
event organiser:
i. undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns.
ii. undertake
consultation with emergency services and any identified issues addressed.
iii. holding
$20m public liability insurance cover which is valid for the event.
iv. paying
Council’s Road Event Application Fee prior to the event.
v. the
holding of an event debrief within a month following the festival which
includes but not limited to Council, RMS and Police;
3. Councils
Parking Enforcement be invited to assist the event in compliance of no
stopping areas within the Road Reserve. (Cameron/Coorey)
The motion was put to the vote and declared carried.
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19-199
|
Resolved that Council
adopt the following Committee Recommendation(s:
Report No. 8.2 Events
- Byron Writers Festival 2019 - Road Closure
File No: I2019/190
Committee Recommendation 8.2.1
1. That
Council endorse the Byron Bay Writers Festival 2-4 August 2019, that includes
the installation of temporary regulatory signage including No Stopping, No
Parking and Disability Parking Signs between 8am and 6pm, subject to:
a. The
traffic control plan is to operate Thursday 1st August to Sunday 4th
August.
b. West
bound event traffic arriving from Byron Town Centre is to be directed down
Sunrise Blvd, as a contingency, if eastbound traffic on Ewingsdale Rd is
queued back onto the Motorway.
c. Document
who can change and approve the TCP on the day for unforeseen circumstances.
2. That
the approval provided in Part 1 is subject to:
a. separate
approvals by NSW Police and RMS being obtained
b. implementation
of the approved Traffic Management Plan and Traffic Control Plan, including
the use of signed detours, as designed and implemented by those with
appropriate accreditation
c. that
the impact of the event be advertised via a notice in the local weekly paper
a minimum of one week prior to the operational impacts taking effect, noting
it must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints
d. the
event be notified on Council’s webpage
e. the
event organiser:
i. undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns
ii. undertake
consultation with emergency services and any identified issues addressed
iii. hold
$20m public liability insurance cover which is valid for the event
(Cameron/Coorey)
The motion was put to the vote and declared carried.
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19-200
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 8.3 Bus
Stop & Street Signage Relocation - Bonanza Drive, Billinudgel
File No: I2019/198
Committee Recommendation 8.3.1
That Council supports the relocation of the existing bus
stop and regulatory signage subject to:
· The
cost of the works being the responsibility of the developers,
· Approval
being obtained from Transport for NSW by the developer,
· The
bus stop relocation to be in accordance with relevant Australian Standards,
Transport for NSW and RMS requirements. (Cameron/Coorey)
The motion was put to the vote and declared carried.
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19-201
|
Resolved:
1. That
Council review policies to ensure that the deployment of Council Rangers and
other staff to support private activities, including traffic control, are
fully paid for by proponents and promoters.
2. That
Council consider where Council Rangers or other staff are deployed to support
private activities, a full complement of replacement staff are employed by
Council.
3. That
a report be provided to Council to inform on the outcome of items 1 and 2
above.
(Cameron/Lyon)
The motion was put to the vote and declared carried.
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There being no further business the meeting concluded at 2:32pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 23 May 2019.
….…………………………
Acting Mayor Michael
Lyon
