Minutes of Ordinary Meeting - 26 September 2019

Question No. 4 - Mayoral Election

Coorabella Vista P/L asked the following question:

Will the mayor please reveal his intentions as to the next general elections by indicating whether, if he does re-nominate, he has the self-confidence to run as an independent rather than coasting in on past greens glories or if he does not intend to re-nominate, whether he would consider resigning today, so that ably-elected Mayor is able to demonstrate his/her talents before voters are committed to a 4 year term - noting that during his recent extended leave the sky did not fall in?

The Mayor advised that he would answer questions asked by individuals rather than entities and advised Mr Anderson that he was welcome to ask the question under his own name at the next meeting of Council.

The meeting adjourned at 9:52am and reconvened at 10:08am.

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

There were no declarations of interest.

Tabling of Pecuniary Interest Returns

There were no Pecuniary Interest Returns tabled.

Minutes from Previous Meetings

19-456

Resolved that the minutes of the Ordinary Meeting held 22 August 2019 confirmed. (Ndiaye/Hunter)

The motion was put to the vote and declared carried.

Reservation of Items for Debate and Order of Business

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

Staff Reports

Corporate and Community Services

Report No. 11.1 Submissions and Grants

Report No. 13.4 Election of Deputy Mayor 2019-2020

Report No. 13.6 The Byron Model

Infrastructure Services

Report No. 13.8 Towards Zero - Byron Shire's Draft Integrated Waste and Resource Recovery Strategy 2019-29

Report No. 13.9 Water Sensitive Urban Design Strategy and Policy

Report No. 13.10 Presentation of the Final Bike Plan and Final PAMP for adoption.

Report No. 13.11 Federal Park Upgrade Options

Report No. 13.12 The Additional Flowpath Project

Report No. 13.13 Temporary relocation of Railway Artisan Markets to Apex Park

Infrastructure Services

Report No. 14.3 Report of the Coastal Estuary Catchment Panel Meeting held on 8 August 2019

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Lyon. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 19-447 and concluding with Resolution No. 19-477.

Staff Reports - General Manager

Report No. 13.1 Sub-license to the Ranch Byron Bay for access through Crown Land

File No: I2019/1121

19-457

Resolved:

1. That Council authorise the General Manager to grant a sub-license to The Trustee for the McIvor Family Trust trading as The Ranch Byron Bay for a term of six (6) months for the purpose of access through Lot 428 DP 729272 being Crown Reserve R81780 on condition that:

a) The Ranch Byron Bay holds a current permit with the Cape Byron Marine Park for the term of the sub-license; and

b) The Ranch Byron Bay takes all steps necessary to ensure that all horse droppings are removed from the sub-licensed area during and at the end of each access session.

2. The sub-license fee for the term be set at half the annual Sub-license Beach Access Commercial Horse Riding fee as set in Council’s current Fees and Charges.

(Richardson/Lyon)

Report No. 13.2 Lease of private land for Mullumbimby Gateway

File No: I2019/1396

19-458

Resolved that Council delegate to the General Manager the authority to negotiate a lease over part Lot 11 DP 1156763 with the private land owner on terms and conditions as considered appropriate by the General Manager. (Richardson/Lyon)

The motion was put to the vote and declared carried.

Staff Reports - Corporate and Community Services

Report No. 13.3 Council Resolutions Quarterly Review - 1 April to 30 June 2019

File No: I2019/1155

19-459

Resolved:

1. That Council notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2019/55208).

2. That Council notes the completed Resolutions in Attachment 2 (#E2019/55209).

(Richardson/Lyon)

Report No. 13.5 Investments - 1 August 2019 to 31 August 2019

File No: I2019/1393

19-460

Resolved that the report listing Council’s investments and overall cash position as at 31 August 2019 be noted. (Richardson/Lyon)

Report No. 13.7 2019-2020 Financial Assistance Grant

File No: I2019/1426

19-461

Resolved that the report on the 2019-2020 Financial Assistance Grant be received and noted.

(Richardson/Lyon)

Reports of Committees - Corporate and Community Services

Report No. 14.1 Report of the Finance Advisory Committee Meeting held on 8 August 2019

File No: I2019/1244

19-462

Resolved that Council notes the minutes of the Finance Advisory Committee Meeting held on 8 August 2019. (Richardson/Lyon)

19-463

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.1 Quarterly Update - Implementation of Special Rate Variation

File No: I2019/1166

Committee Recommendation 4.1.1

That the Finance Advisory Committee notes the quarterly update on the Special Rate Variation Implementation as at 30 June 2019. (Richardson/Lyon)

19-464

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.2 Carryovers for Inclusion in the 2019-2020 Budget

File No: I2019/1170

Committee Recommendation 4.2.1

That the works and services, and the respective funding shown in Attachment 1 (#E2019/55476), be carried over from the 2018/2019 financial year and that the carryover budget allocations be adopted as budget allocation revotes for inclusion in the 2019/2020 Budget Estimates as authorised by Council at its Ordinary Meeting held on 22 August 2019. (Richardson/Lyon)

19-465

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.3 Budget Review - 1 April 2019 to 30 June 2019

File No: I2019/1173

Committee Recommendation 4.3.1

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2019/56200) which include the following results in the 30 June 2019 Quarterly Review of the 2018/2019 Budget:

a) General Fund - $0 change in Unrestricted Cash Result

b) General Fund - $11,930,300 increase in reserves

c) Water Fund - $1,664,200 increase in reserves.

d) Sewerage Fund - $2,015,700 increase in reserves

as adopted by Council at its Ordinary Meeting held on 22 August 2019.

2. That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $1,145,200 for the 2018/2019 financial year as authorised by Council at its Ordinary Meeting held on 22 August 2019. (Richardson/Lyon)

Report No. 14.2 Report of the Audit, Risk and Improvement Committee Meeting held on 29 August 2019

File No: I2019/1384

19-466

Resolved that Council notes the minutes of the Audit, Risk and Improvement Committee Meeting held on 29 August 2019. (Richardson/Lyon)

19-467

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.1 New Accounting Standards 2018-2019 financial year

File No: I2019/1255

Committee Recommendation 4.1.1

1. That the report on new applicable accounting standards for the 2018-2019 financial year be noted.

2. That the detail outlined on the report under the heading ‘Australian Accounting Standard (AASB 9) Financial Instruments’ be adopted by Council as its policy for disclosure in financial statements commencing from the 30 June 2019 financial year. (Richardson/Lyon)

19-468

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.2 Additional Audit, Risk and Improvement Committee Meeting

File No: I2019/1260

Committee Recommendation 4.2.1

That an additional Audit, Risk and Improvement Committee meeting be held at 11:30am on 14 November 2019 (Richardson/Lyon)

19-469

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.3 2018-2019 Financial Statements - Accounting for Crown Land

File No: I2019/1263

Committee Recommendation 4.3.1

1. That the report on accounting for Crown Land related to the 2018-2019 Financial Statements year be noted.

2. That the position paper on Crown Land Assets (#E2019/61507) be adopted and included as part of Council’s 2018-2019 Financial Statement working papers to address the NSW Audit Office Audit Engagement Plan requirement. (Richardson/Lyon)

19-470

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.4 Business Continuity Management - update and next steps

File No: I2019/1282

Committee Recommendation 4.4.1

That the Audit, Risk and Improvement Committee notes this Business Continuity Management update and next steps. (Richardson/Lyon)

19-471

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 5.1 Customer Request Management Audit Review

File No: I2019/1077

Committee Recommendation 5.1.1

1. That the Audit, Risk and Improvement Committee notes the Customer Request Management audit review report.

2. That the Audit, Risk and Improvement Committee requests management to implement the recommendations made in the report identified as Confidential Attachment 1 (#E2019/44485).

3. That the report and Confidential Attachment 1 of the closed part of the meeting remain confidential. (Richardson/Lyon)

19-472

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 5.2 Audit Progress Report - August 2019

File No: I2019/1246

Committee Recommendation 5.2.1

1. That the Audit, Risk and Improvement Committee notes the Internal Audit Activity Report - August 2019 (#E2019/60622).

2. That the Audit, Risk and Improvement Committee endorses the recommendation from the Executive Team to close off 19 outstanding recommendations in Appendix C of the attached report (#E2019/60622) due to these actions being confirmed as complete.

(Richardson/Lyon)

19-473

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 5.3 Update on IT Actions

File No: I2019/1236

Committee Recommendation 5.3.1

That the Audit, Risk and Improvement Committee notes the update provided in the report.

(Richardson/Lyon)

Reports of Committees - Infrastructure Services

Report No. 14.4 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 29 August 2019

File No: I2019/1418

19-474

Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 29 August 2019. (Richardson/Lyon)

19-475

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

Report No. 4.1 Inflow and Infiltration update

File No: I2019/1057

Committee Recommendation 4.1.1

1. That the Council note the report.

2. That the document Mullumbimby WSUD Option Analysis as mentioned in today's meeting be circulated to committee members prior to a presentation at the next WWSC meeting.

(Richardson/Lyon)

19-476

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

Report No. 4.2 Byron Bay Integrated Water Management Reserve Update (ex Murthagh Report)

File No: I2019/1058

Committee Recommendation 4.2.1

1. That Council receive further information from Committee members before undertaking further investigation related to the Sandmining Path near Byron Bay STP.

2. That Council monitor phosphorus level in the soil of the Wetland area in order to monitor sequestration and the approach towards sorption capacity of phosphorus over future years.

3. That up to date data collected on acid sulfate soil performance with the 24 ha Wetland be circulated to committee members.

4. That Council receive a report in 2019 via its WWS Committee on fulfilment or not of Condition 9 of its DA approval (in 2002) for the Byron Bay STP. (Richardson/Lyon)

19-477

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

Report No. 4.3 Towards Zero - Byron Shire's Draft Waste Management and Resource Recovery Strategy

File No: I2019/1059

Committee Recommendation 4.3.1

1. That the Water Waste and Sewer Committee note the presentation.

2. That the presentation be forwarded to SERAC Committee.

3. That Council provide examples to the local community of its own sustainable / ethical procurement, e.g. where Council has reduced its waste to landfill (Appendix A, Objective C6 in Byron Waste Management and Resource Recovery Strategy - Technical Report 20 February 2019).

4. That Council support initiatives that reduce packaging on commercially available products.

(Richardson/Lyon)

19-478

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

Report No. 4.3 Towards Zero - Byron Shire's Draft Waste Management and Resource Recovery Strategy

File No: I2019/1059

Committee Recommendation 4.3.1

1. That the Water Waste and Sewer Committee note the presentation.

2. That the presentation be forwarded to SERAC Committee.

4. That Council support initiatives that reduce packaging on commercially available products. (Richardson/Lyon)

Report No. 14.5 Report of the Local Traffic Committee Meeting held on 10 September 2019

File No: I2019/1442

19-479

Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 10 September 2019. (Richardson/Lyon)

19-480

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

Report No. 6.1 Event Road Closures - Brunswick Woodchop Twilight Markets 2019

File No: I2019/1150

Committee Recommendation 6.1.1

1. That Council endorse the following road closures and works associated with the Twilight Markets to be held on Wednesday, 18 December 2019:

a) Mullumbimbi Street, Brunswick Heads between The Terrace and Park Street on Wednesday, 18 December 2019, as per the following:

i) Closure of the Mullumbimbi Street off-street car park adjacent to the Banner Park children's play area from 7:00am until 11:00pm.

ii) Two (2) temporary designated ‘Disability Parking’ spaces be created outside of the hotel during the morning, with signage to be installed by appropriately accredited persons in conjunction with the implementation of the TCP.

iii) Closure of Mullumbimbi St between The Terrace and Park Street from 12:00noon until 11:00pm.

2. That the endorsement provided in Part 1 is subject to:

a) separate approvals by NSW Police and RMS being obtained, as required;

b) the Traffic Management Plan and Traffic Control Plan(s) for the 2019/20 event be updated by those with relevant and current RMS accreditation;

c) implementation of the Traffic Management Plan and Traffic Control Plan by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover;

d) the impact of the event be advertised, and charged at cost to the organisers, 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;

e) the event be notified on Council’s web page;

f) the event organiser:

i) informing community and businesses that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

ii) arranging for private property access and egress affected by the event;

iii) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

iv) consulting with emergency services and any identified issues be addressed;

v) holding $20m public liability insurance cover which is valid for the event;

vi) paying of Council’s S144 Road Event Application Fee prior to the event.

(Richardson/Lyon)

19-481

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

Report No. 6.2 Bay Lane - No Stopping

File No: I2019/1233

Committee Recommendation 6.2.1

That Council endorse the installation of 2 No Stopping signs on the south side of Bay Lane between the Bay Lane Loading Zone and the Byron Bay Beach Hostel basement driveway.

(Richardson/Lyon)

19-482

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

Report No. 6.3 Lee Lane - No Parking 1am-7am

File No: I2019/1239

Committee Recommendation 6.3.1

That Council endorse the installation of No Stopping 1am-6am along the full length of Lee Lane, Byron Bay. (Richardson/Lyon)

19-483

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

Report No. 6.4 Events - Falls Festival 2019/20 - Road Closures

File No: I2019/1261

Committee Recommendation 6.4.1

That Council endorse the Falls Festival 2019/20 to be held at the North Byron Parklands site, Yelgun from 31 December 2019 to 2 January 2020, inclusive, subject to the following conditions:

a) Separate approvals by NSW Police and RMS being obtained;

b) The development of a Traffic Management Plan and Traffic Control Plan(s) by those with relevant RMS accreditation. These plans are to be submitted to Byron Shire Council at least 2 months prior to the event for approval of traffic regulation on roads under Byron Shire control;

c) The Traffic Management Plan and the Traffic Control Plan to be implemented by those with relevant and current RMS accreditation;

d) The temporary ‘No Stopping’ where applied, including on Brunswick Valley Way and Tweed Valley Way (between Shara Boulevard and north to the Shire boundary), is implemented prior to the event and in accordance with relevant state requirements and Australian Standards;

e) A communications protocol be developed and maintained by those involved in the implementation of traffic management including monitoring during the event and ability to implement contingency plans as and when directed;

f) Monitoring of vehicle volumes that arrive and depart the festival site and on the local road network;

g) The holding of an event debrief within the month following the festival which includes but not limited to Council, RMS and Police;

h) The event organiser:

i) advertising the impact of the event 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;

ii) providing a copy of the advert for Council's web page;

iii) give consideration of any submissions received;

iv) informing community and businesses that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

v) arranging for private property access and egress affected by the event;

vi) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

vii) consulting with emergency services and any identified issues be addressed;

viii) holding $20m public liability insurance cover which is valid for the event.

ix) paying of Council’s Road Event Application Fee prior to the event. (Richardson/Lyon)

19-484

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

Report No. 6.5 Events - INGENUITY Sculpturefest Mullumbimby - Brunswick Terrace Road Closure

File No: I2019/935

Committee Recommendation 6.5.1

1. That Council permit the following road closures and associated traffic control for the INGENUITY Sculpturefest event to be held from Tuesday 12 to Tuesday 26 November 2019:

a) Brunswick Terrace, Mullumbimby, between Tincogen Street and Riley Lane

2. That the approval provided in Part 1 is subject to:-

a) separate approvals by NSW Police and RMS being obtained, as required;

b) the development of a Traffic Management Plan and Traffic Control Plan(s) for the 2020 event by those with relevant and current RMS accreditation if regulation of traffic is undertaken;

c) the Traffic Control Plan, if required, being implemented by those with relevant and current RMS accreditation;

d) 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;

e) the event be notified on Council’s webpage;

f) 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;

iv) pay Council’s Road Event Application Fee prior to the event;

(Richardson/Lyon)

19-485

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

Report No. 7.1 Tincogan St - Intersection Priorities

File No: I2019/1386

Committee Recommendation 7.1.1

1. That Council note the Committee’s comments on possible changes to Give Way signs at Tincogan Street / Dalley Streets intersection and the Tincogan Street / Stuart Street intersection.

2. That Council note the correspondence from the Mullumbimby Residents Association to the Director Infrastructure Services dated 6^th September 2019, (E2019/67997) and consult with residents of Mullumbimby.

3. That Council investigate Active Transport Funding FY20/21 for pedestrian protection in this area. (Richardson/Lyon)

19-486

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

Report No. 7.2 Seven Mile Beach Road - Community Concerns

File No: I2019/1389

Committee Recommendation 7.2.1

That Council note comments regarding management options for Broken Head Reserve Road and Seven Mile Beach road traffic and parking impacts. (Richardson/Lyon)

Confidential Reports - Infrastructure Services

Report No. 16.1 Confidential - 2019-0021 - Premixed Concrete Supply and Delivery Tender Award

File No: I2019/1065

19-487

Resolved:

1. That Council award the Tender Premixed Concrete Supply and Delivery Tender and the suppliers listed below be appointed to this tender as Panel Source suppliers to Byron Shire Council for an initial period of 19 months from 1 October 2019 to 30 April 2021:

a) Boral Resources Pty Ltd.

b) Graham’s Concrete Pty Ltd.

c) Hanson Construction Materials.

2. That a provision be allowed for a 12 months extension based on satisfactory supplier performance, which may take this contract through to 30 April 2022.

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

Procedural Motion

19-488

Resolved that Council change the order of business to deal with Reports 10.1, 13.10, 14.3, 13.12 next on the Agenda. (Richardson/Lyon)

The motion was put to the vote and declared carried.

Petitions

Petition No. 10.1 Improving Road Safety In Ocean Shores

File No: I2019/1370

19-489

Resolved:

1. That the petition regarding for improved road safety in Ocean Shores NSW be noted.

2. That the petition be referred to the Director Infrastructure Services.

3. That Council note the works undertaken at the intersection of Rajah Road and Yangarie Way.

4. That Council refer the matter to the Local Traffic Committee for advice on the possible implementation of a crash barrier and or lights at the intersection of Rajah Road and Yangarie Way. (Cameron/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.10 Presentation of the Final Bike Plan and Final PAMP for adoption.

File No: I2019/1391

Moved:

1. That the results of the public exhibition of the Draft Bike Plan and Draft PAMP be noted.

2. That the Final Bike Plan (E2019/67760) and Final PAMP (E2019/67758) be adopted with following amendments.

a) Redraft Foreword to include an acknowledgement of the contribution of Transport and Infrastructure Advisory Committee (TIAC) Members and to include a group photograph with names and representative roles.

b) Review text to ensure consistency of use when referring to the Multi Use Rail Corridor.

3. That the three yearly network evaluations and four yearly reviews as recommended in the plans be the subject of a report to TIAC within twelve months for the purpose of making further recommendations to Council on evaluation and review processes.

4. That a media release be prepared and sent following adoption that includes acknowledgement of TIAC Members including a group photograph with names as well as an acknowledgement of the contribution of those attending consultation activities and submitters.

5. That responses be sent to all those who made submissions or participated in consultation to thank them for their contribution and provide information on where they can find the Final Bike Plan and Final PAMP.

6. That all unprioritised projects be listed as priority C.

7. That the submission and staff responses be made public. (Cameron/Lyon)

Procedural Motion

19-490

Resolved that Cr Cameron be granted a two minute extension to his speech. (Richardson/Spooner)

The motion was put to the vote and declared carried.

Amendment

19-491

Resolved:

1. That the report on the Draft Bike Plan and Draft PAMP be deferred until the next meeting of Council.

2. The report summarising the submissions and staff responses be added to the report.

(Ndiaye/Richardson)

The amendment was put to the vote and declared carried.

Cr Cameron voted against the amendment.

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

Report No. 14.3 Report of the Coastal Estuary Catchment Panel Meeting held on 8 August 2019

File No: I2019/1371

19-492

Resolved that Council note the minutes of the CEMC Panel of 8 August 2019, in particular Panel Recommendation 4.2.1 points (1) and (2).

1. That in September 2019 the additional flow path project go through a workshop review with the Belongil Catchment Drainage Board, key Council staff (Utilities, flooding/drainage and planning), members of this Panel and other relevant stakeholders in our community.

2. That once the workshop, detailed design clarifications and REF review and considerations have been undertaken, that a further report be prepared for Council resolution.

(Coorey/Richardson)

Report No. 13.12 The Additional Flowpath Project

File No: I2019/1433

19-493

Resolved:

1. That Council notes the desire of Council to address, in a timely manner, concerns of local land holders around the management and use of the existing flow path and increased flooding to their lands.

2. That Council consider the allocation of an additional $1,260,000 to the existing budget for the Additional Flow Path Project when the following are complete:

a) Concurrence is obtained from the Belongil Drainage Union

b) The Review of Environmental Factors is prepared and there is sufficient information regarding the environmental impacts of the Additional Flowpath Project

c) The revised Environmental Protection Authority License(s) is obtained for the proposed activity and that clarity around which conditions of consent for the Project are required to be altered to enable the Additional Flowpath

d) Drawings or engineering reports that provide more detail of the Project be made available to Council

e) The Coastal Officer provides information regarding the Alternative Flow Path Project in the context of the Coastal Management Plan.

f) A draft community engagement plan

3. That when items within 2 are complete, a report be sent to an extraordinary meeting of the CEMC panel

4. That a report from this meeting of the CEMC panel be brought to Council and all approvals, reports, and designs be made publically available as part of this report. (Coorey/Hackett)

The motion was put to the vote and declared carried.

Notices of Motion

Notice of Motion No. 9.1 Access and Safety for Byron Shire Road Users

File No: I2019/1440

Moved:

1. Affirm the principle that all road users have an equal right of access and safety on the Byron Shire road network.

2. Note the road safety issues raised in submissions on the Byron Shire Bike Plan and PAMP.

3. Develop an ongoing road safety awareness campaign to highlight access and safety for all road users with consultation at all stages with residents, active and vehicular road user groups, taking account of the steps set out in this motion.

4. Conduct road safety forums with residents

a) to highlight the needs of all road users and promote safe practices that help to keep vulnerable road users safe, and

b) seek feedback on safety and access issues that assist in the effective delivery of a road safety awareness campaign.

5. Provide a report to the next meeting of the Transport and Infrastructure Advisory Committee that

a) provides a review of effective road safety awareness campaigns/options in both rural and urban contexts

b) considers consultative actions for the development and delivery of a campaign.

c) sets out a timeline of action for the development and delivery of a campaign

d) provides advice on effective general signage to raise awareness of access and safety issues for placement on rural and urban roads with particular emphasis on known issues and locations including without limitation, active transport users on rural and urban roads, school bus times on rural roads and school zones

e) provide further advice on the potential employment of a Road Safety Officer to support and conduct a road safety awareness campaign

6. Provide a report to the next Local Traffic Committee meeting seeking advice from RMS, NSW Police and the local Member on regulatory issues, available programs, funding and compliance actions to support a road safety awareness campaign.

7. Consider a budget allocation at the September Quarterly Review

a) for signs to be located throughout the Byron Shire road network as described in 3(d),

b) to appoint a Road Safety Officer, and

c) to fund an effective road safety awareness campaign.

8. Deliver the road safety awareness campaign and placement of signage in the second half of the 2019/20 financial year at the latest.

9. Review relevant Council policies such as the Infrastructure Services Risk Management Plan to embed the principle of equal access and safety for all transport network users and effective supporting actions. (Cameron/Coorey)

Procedural Motion

19-494

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

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Amendment

19-495

Resolved:

1. That Council affirm the principle that all road users have an equal right of access and safety on the Byron Shire road network.

2. That Council note the road safety issues raised in submissions on the Byron Shire Bike Plan and PAMP.

3. That a report be brought to the November Council meeting regarding the roles and responsibilities of a Road Safety Officer, a potential funding source, and whether this role will perform the following tasks:

a) Develop an ongoing road safety awareness campaign to highlight access and safety for all road users with consultation at all stages with residents, active and vehicular road user groups, taking account of the steps set out in this motion.

b) Conduct road safety forums with residents

i) to highlight the needs of all road users and promote safe practices that help to keep vulnerable road users safe, and

ii) seek feedback on safety and access issues that assist in the effective delivery of a road safety awareness campaign.

c) Provide a report to the next meeting of the Transport and Infrastructure Advisory Committee that

i) provides a review of effective road safety awareness campaigns/options in both rural and urban contexts

ii) considers consultative actions for the development and delivery of a campaign.

iii) sets out a timeline of action for the development and delivery of a campaign

iv) provides advice on effective general signage to raise awareness of access and safety issues for placement on rural and urban roads with particular emphasis on known issues and locations including without limitation, active transport users on rural and urban roads, school bus times on rural roads and school zones

v) provide further advice on the potential employment of a Road Safety Officer to support and conduct a road safety awareness campaign

d) That Council provide a report to the next Local Traffic Committee meeting seeking advice from RMS, NSW Police and the local Member on regulatory issues, available programs, funding and compliance actions to support a road safety awareness campaign.

e) That Council deliver the road safety awareness campaign and placement of signage in the second half of the 2019/20 financial year at the latest.

f) That Council review relevant Council policies such as the Infrastructure Services Risk Management Plan to embed the principle of equal access and safety for all transport network users and effective supporting actions. (Richardson/Hunter)

The amendment was put to the vote and declared carried.

Crs Coorey, Ndiaye, Cameron, Hackett voted against the amendment.

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

Petitions

The Mayor tabled the following petition:

Title	No. of Signatures
We, the undersigned, are concerned citizens who urge the Council to take action on the state of the road and footpath on Poplar Avenue Mullumbimby and effect it has for a disabled person.	34

The meeting adjourned at 12:41pm for a lunch break and reconvened at 1:25pm.

Submissions and Grants

Report No. 11.1 Byron Shire Council Grant Submissions as at 31 August 2019

File No: I2019/1395

19-496

Resolved that Council notes the report and Attachment 1 (E2019/64890) for the Byron Shire Council Submissions and Grants as at 31 August 2019. (Spooner/Richardson)

The motion was put to the vote and declared carried.

Delegates' Reports

1. Rail Corridor

Cr Richardson advised:

We held a meeting that Councillors were invited to; Crs Coorey, Lyon, Cameron, and Hunter attended; where we met with the Mayor of Tweed, General Manager of Lismore, the Mayor and General Manager of Richmond Valley, and a whole lot of staff generally, about the road corridor. They wanted to get a briefing by the consultant who did our feasibility report, which they were impressed by. The comment “I wish this was done 3 years ago, so we didn’t have to go down the rail trail path” was aired. But ultimately what came out of it was a commitment for all of us across our shires to now advocate strongly for State Government support, even if it is just to clear the tracks, that’s the first thing (as we have got in our resolution). Actually getting a photo taken with a whole bunch of elected representatives from Richmond Valley to Tweed was really exciting, so we are really hoping now that we can speak as one voice across the whole region.

They were very supportive of our model, because we have got the visitation, having a mass transport use on the tracks with a path next to it that could link with theirs. It is still an opportunity for those local communities to advocate to their councils to go the next step and get a more activated transport.

It was really exciting that as a whole region it was indicated that this could be our regional development project that unites the whole Northern Rivers. It was nice to get that confirmation and affirmation of the direction we are pushing. From Richmond Valley to Tweed and all areas in between complete concurrence of the need to speak as one voice and get this corridor activated, so that was a really pleasing meeting.

Staff Reports - Corporate and Community Services

Report No. 13.4 Election of Deputy Mayor 2019-2020

File No: I2019/1251

19-497

Resolved:

1. That Council elects a Deputy Mayor for the period from 26 September 2019 for the remainder of the Council term.

2. That the method of election of the Deputy Mayor be by way of ordinary ballot.

(Lyon/Richardson)

The motion was put to the vote and declared carried.

The returning officer advised that there was one nomination for Deputy Mayor being Cr Ndiaye. The returning officer declared Cr Ndiaye elected as Deputy Mayor for the ensuing 12 month period.

Report No. 13.6 The Byron Model

File No: I2019/1408

19-498

Resolved:

1. That Council supports and endorses the recommendations made by the Byron Model Panel in their final recommendations report (#E2019/63364).

2. That Council commits to delivering ‘Council’s response’ to the recommendations, as outlined in Attachment 2 (#E2019/52133) over a trial period of 2 years, and refining the deliverables through experience.

3. That a constitution be drafted for presentation at the next Community Roundtable that clarifies process and timelines for agenda setting.

4. That Council allocates additional resources, including a budget allocation in the second Quarter Budget Review of $22,000 in the 2019/20 budget, to support the implementation of the Byron Model recommendations. (Cameron/Ndiaye)

Procedural Motion

19-499

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

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

The motion (Cameron/Ndiaye) was put to the vote and declared carried.

Staff Reports - Infrastructure Services

Report No. 13.8 Towards Zero - Byron Shire's Draft Integrated Waste and Resource Recovery Strategy 2019-29

File No: I2019/874

19-500

Resolved:

1. That the Draft Towards Zero - Byron Integrated Waste and Resource Recovery Strategy 2019-29 be placed on public exhibition for a period of 28 days.

2. That the draft Towards Zero – Byron Integrated Waste and Resource Recovery Strategy 2019-29, be reported back to Council with any submissions that are received, prior to the adoption of the Strategy. (Ndiaye/Coorey)

Procedural Motion

19-501

Resolved that Cr Ndiaye be granted a two minute extension to her speech.

(Richardson/Cameron)

The motion was put to the vote and declared carried.

The motion (Ndiaye/Coorey) was put to the vote and declared carried.

Report No. 13.9 Water Sensitive Urban Design Strategy and Policy

File No: I2019/1237

19-502

Resolved:

1. That Council put the Byron Shire Council Water Sensitive Urban Design Policy and Strategy (E2019/59813) on public exhibition for 28 days.

2. That Council direction as to whether a Catchment Management Plan or Coastal Management Program be prepared for the Coastal Catchments be resolved as part of the Belongil Issues Study and Belongil Entrance Opening Strategy adoption process.

(Lyon/Ndiaye)

The motion was put to the vote and declared carried.

Cr Coorey left the meeting at 2:03pm and did not return.

Report No. 13.11 Federal Park Upgrade Options

File No: I2019/1430

19-503

Resolved:

1. That Council approve the use of the current capital funding of $40,000 for Federal Parklands within the 2019/20 budget to construct a toilet within the Federal Parklands Reserve and allocate a further $70,000 from the Public Toilets Special Rates Variation Fund to deliver public toilet facilities positioned on Council owned land. (from GL 4191.068).

2. That the location of the toilet be positioned adjacent to the Federal Tennis Courts, with final positioning, hours of operation and maintenance being subject to further consultation with Federal Tennis Club and Federal Community Association.

3. That Council seek to identify future grant funding opportunities for facilities within Federal Park.

4. That an additional $42,000 be allocated from Rural South Open Space Reserve to the current skate park upgrade project and bike rack facilities. (Richardson/Lyon)

The motion was put to the vote and declared carried.

Report No. 13.13 Temporary relocation of Railway Artisan Markets to Apex Park

File No: I2019/1439

19-504

Resolved that Council note this report and support the amended request of 17 September 2019 from the Byron Bay Community Association for the extension of time to operate the Byron Twilight Market in Railway Park. (Spooner/Ndiaye)

The motion was put to the vote and declared carried.

There being no further business the meeting concluded at 2:10pm.

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

as confirmed at Council’s Ordinary Meeting on 24 October 2019.

….…………………………

Mayor Simon Richardson

Report No and Title		For/ Against	Name	Representing Organisation
10.1	Improving Road Safety In Ocean Shores	Against	Deb Lambert
13.10	Presentation of the Final Bike Plan and Final PAMP for adoption	Against	Duncan Dey	Main Arm Bikeway Group
13.12	The Additional Flow Path Project	For	Tom Vidal
16.1	CONFIDENTIAL - 2019-0021 - Premixed Concrete Supply and Delivery Tender Award	Against	John Anderson