Ordinary Meeting
Minutes
24 October 2019
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 24 October 2019 COMMENCING AT 9:10AM
AND CONCLUDING AT 1:25PM
I2019/1731
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr J Hackett, Cr A Hunter, Cr M Lyon,
Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (General Manager)
Vanessa
Adams (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Dan
Strzina (Project Engineer) – item 13.10
Michael
Matthews (Manager Open Spaces and Resource Recovery) – item 13.12
Heather
Sills (Minute Taker)
The 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:
|
Report No and Title
|
For/Against
|
Name
|
Representing Organisation
|
|
13.8
|
Annual Report 2018/19
|
For
|
Jan Barham
|
|
|
13.1
|
Submission from sea
kayak sub-licensees for an additional 3rd tour on each day during NSW and QLD
school holidays
|
Against
|
Kurt Tutt
|
Go Sea Kayak
|
|
Alice Livingston
|
Cape Byron Kayaks
|
|
13.10
|
Presentation of the Final Bike
Plan and PAMP for adoption
|
For
|
Lainie Anderson
|
Left Bank Road Bike
Group
|
|
Against
|
Duncan Dey
|
|
|
13.12
|
Suffolk Park Pump Track
|
For
|
Donald Maughan
|
Suffolk Park Progress
Association
|
|
Against
|
Tai Lonergan
|
Suffolk Park Football
Club: President
|
|
14.1
|
Byron Shire Floodplain Risk
Management Committee Meeting held on 24 September 2019
|
Against
|
Jan Mangleson
|
Ocean Shores Community
Association
|
|
16.1
|
CONFIDENTIAL - Annual Review
of GM's performance
|
Against
|
John Anderson
|
|
Submission
No. 1 - Bypass
Jan Barham made a submission to Council regarding the Byron
Bypass.
Submission
No. 2 - Political Passion
John Anderson made a submission to Council regarding Council
management and public access provisions.
Question
No. 1 – Council Elections 2020
John Anderson asked the following question:
In terms of the Council election next year, will
Councillors Richardson, Ndiaye, and Lyon please indicate whether they intend to
nominate for Mayor and if so, whether they will have the courage to stand as
independents rather than as “Greens,” so that then the vote they
obtain will reflect their actual performance rather than the naïve hopes
of the electorate?
The Mayor provided the following response:
I know that you’re very much a believer in process
and in clarity. There is one question per question, so I’ll answer the
first question. I’m yet to make up my mind whether I’ll run again.
Cr Lyon provided the following response:
Just with that in mind, given that the Mayor has yet to
make up his mind and that will happen some time in six months or so, from our
point of view the rest of the question relating to the Mayor and myself is a
moot point. Now if Simon does determine that he wishes to run again, I have no
doubt that he’ll have the support of the Greens party and he’ll
certainly have my support and I think this community would be honoured to have
him serve as Mayor for another four years. He’s done an outstanding
job and in the face of unfair and unwarranted criticism from members of the
community such as yourself. And I certainly would be honoured to have him
stand for another four years.
Question
No. 2 – Environment Protection and Biodiversity
Conservation (EPBC)
Jan Barham asked the following question:
Can Council clarify if the DOEE have requested further
information relating to the lodgement of the Environment Protection and Biodiversity
Conservation (EPBC) self referral and is it known when it will be advertised
and made publicly available and what is the cost of the work undertaken for
this?
Council’s Director Infrastructure Services provided
the following response:
At this stage, DoEE have not requested further
information regarding Council’s EPBC self-referral. Information requests
are possible up to the point at which a decision is made by the Minister.
Council staff have been advised that the referral could be registered and
publicly advertised as early as this week, but at this stage it has not cleared
the gateway process. Once this has occurred it will be made publicly available
by DoEE. The costs associated with the referral will continue throughout the
referral period and therefore the total cost will not be known until the
associated processes are completed.
Jan Barham asked a further question:
Costs to date aren’t known?
Council’s Director Infrastructure Services took the
further question on notice.
|
|
Procedural
Motion
|
|
19-521
|
Resolved that
Council suspend standing orders to allow for a presentation from
Council’s External Auditor. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Adam Bradfield, representing Thomas Noble and Russell on
behalf of the NSW Auditor General, gave a brief presentation on item
17.1, the Draft 2018/19 Financial Statements and answered questions from
Councillors on the Financial Statements.
The meeting adjourned at 10:47am and reconvened at 11:14am.
Apologies
|
|
Procedural
Motion
|
|
19-522
|
Resolved that the
apology from Cr Coorey be accepted and a leave of absence granted.
(Richardson/Spooner)
The motion was put to the vote and declared carried.
|
Requests
for Leave of Absence
There
were no requests for leave of absence.
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a non-pecuniary interest in Report 9.5.
The nature of the interest being that he is a volunteer for the project. Cr Spooner
elected to remain in the Chamber and will participate in discussion and the
vote.
General Manager, Mark Arnold declared a pecuniary interest
in Report 16.1. The nature of the interest being that he is the person being
the subject of annual review and report to Council and the report
recommendations. Mr Arnold elected to leave the Chamber during
discussion.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
|
19-523
|
Resolved that
the minutes of the Ordinary Meeting held 26 September 2019 be confirmed.
(Spooner/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
General Manager
Report No. 13.1 Submission
from sea kayak sub-licensees for an additional 3rd tour on each day during NSW
and QLD school holidays
Report No. 13.3 Temporary
re-location of Community and Farmers Markets
Corporate and Community Services
Report No. 13.6 Section
355 Management Committees - resignations
Report No. 13.8 Annual
Report 2018/19
Infrastructure Services
Report No. 13.10 Presentation
of the Final Bike Plan and PAMP for adoption
Report No. 13.12 Suffolk
Park Pump Track
The
remaining Recommendations and Committee Recommendation were adopted as a whole,
being moved by Cr Richardson and seconded by Cr Cameron. Each recommendation is
recorded with a separate resolution number commencing at Resolution No. 19-524
and concluding with Resolution No. 19-542.
Petitions
|
|
Petition No. 10.1 Request
for sealing of Poplar Avenue Mullumbimby due to disability access issues
File No: I2019/1524
|
|
19-524
|
Resolved:
1. That
the petition regarding Poplar Avenue, Mullumbimby be noted.
2. That
the petition be referred to the Director Infrastructure Services.
3. That staff:
a) Assess
the state of Poplar Road;
b) Determine
Poplar Road’s priority with Council’s current road works program
for consideration in the 2020/21 financial year ;
c) Respond to the authors
regarding the claim that Poplar Avenue can be sealed for $62,000. (Richardson/Cameron)
|
Submissions
and Grants
|
|
Report No. 11.1 Council
Grants Report - 2 October 2019
File No: I2019/1605
|
|
19-525
|
Resolved that Council notes the report and Attachment 1 (E2019/73485)
for the Byron Shire Council Submissions and Grants as at 2 October 2019. (Richardson/Cameron)
|
Staff Reports – General
Manager
|
|
Report No. 13.2 Licence
to Brunswick Valley Historical Society for Mullumbimby Museum
File No: I2019/1453
|
|
19-526
|
Resolved that Council,
as the Crown Land Manager for Reserve R31910, delegate to the General
Manager, the authority to enter into a new licence with the Brunswick Valley
Historical Society Inc to occupy the Crown land on the following
conditions:
a)
for a term of five years;
b) for the purpose of occupying R31910 for a
Museum ;
c)
rent to be subsidised;
i) the
Licensee to pay annual rent commencing at the value of minimum Crown rent and
thereafter increased by CPI all groups Sydney for the term of the licence, and
ii) the
Licensor to subsides annual rent to the value market rent less rent payable
by the Licensee for the term of licence.
d) Licensee outgoings includes:
i) user charges for water,
sewerage, waste management and other services,
ii) building and contents insured
for full replacement value.
e) licensor outgoings include all fixed fees
and charges for rates, water and sewerage;
f) the Licensee to pay licence
document preparation costs; and
g)
the Licensee, at its own cost, is responsible for
all building maintenance, repairs and renewals and compliance with fire
safety regulations. (Richardson/Cameron)
|
|
|
Report No. 13.4 The
giving of notice to the Minister of persons employed as Native Title Managers
File No: I2019/1589
|
|
19-527
|
Resolved that Council give written notice to the Minister
responsible for the Crown Land Management Act 2016 (NSW) of the
following employees of Council certified as native title managers:
a) Ralph
James (Legal Counsel)
b) Matt
Meir (Solicitor)
c) Tracey
Dousling (Records Management Coordinator)
d) Paula
Telford (Leasing Coordinator)
e) Deanna Savage
(Administration Officer Infrastructure Services)
f) Alice Heasman
(Events Support Officer) (Richardson/Cameron)
|
Staff Reports – Corporate and
Community Services
|
|
Report No. 13.5 Report
of the Public Art Panel meeting held on 12 September 2019
File No: I2019/1447
|
|
19-528
|
Resolved:
1. That
Council:
a) notes
that the sculpture ‘Germination’ is loaned for a period of five
years at the Mullumbimby Sculpture Walk location.
b) donates
a one-off amount of $5,000 towards the Ingenuity Sculpture Festival 2019 for
prize money with a preference that it supports a local artist and that at
least one Public Art Panel member be on the judging panel.
2. That
a report be prepared for the next Public Art Panel meeting regarding a
proactive approach to encouraging and enabling public art across the Shire in
line with the current public art strategy including strategic priorities,
budget planning and decision making considerations.
3. That
Council:
a) notes that the Public Art Panel has
considered the first draft of the revised Public Art Guidelines.
b) purchases the Arts Law Centre of
Australia Commissioning Agreement.
c) notes that the final draft Public Art
Guidelines will be brought back to the Public Art Panel. (Richardson/Cameron)
|
|
|
Report No. 13.7 Investments
- 1 September 2019 to 30 September 2019
File No: I2019/1495
|
|
19-529
|
Resolved that the report listing Council’s investments
and overall cash position as at 30 September 2019 be noted. (Richardson/Cameron)
|
Staff
Reports - Infrastructure Services
|
|
Report No. 13.9 Renaming
of Old Pacific Highway (North)
File No: I2019/1497
|
|
19-530
|
Resolved that Council approve the renaming and Gazettal of
Old Pacific Highway (North) from Brunswick Valley Way to Tweed Street,
Brunswick Heads, to Harbour Way.
(Richardson/Cameron)
|
|
|
Report No. 13.11 T2019-0052
- Arakwal Court Turn Around Renewal (Byron Bay High School)
File No: I2019/1584
|
|
19-531
|
Resolved:
1. That
Council award Tender T2019-0052 to GRC Civil (Civlec PTY LTD).
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. (Richardson/Cameron)
|
|
|
Report No. 13.13 Request
for new lease by Mullumbimby Tennis Association Inc.
File No: I2019/1615
|
|
19-532
|
Resolved:
1. That
Council directly issue, without a competitive process, a new licence to
Mullumbimby Tennis Association Inc for 5 years in accordance with the
transition provisions of the Crown Lands Management Act; and
2. That
the new licence include a mandatory requirement for services, particularly
coaching services, to be inclusive and meet Disability Discrimination Act
requirements, and that coaching services be scheduled so as to not
unreasonably interfere with general use.
(Richardson/Cameron)
|
|
|
Report No. 13.14 2019-0057
- Supply and delivery of Emulsion - Award of tender
File No: I2019/1362
|
|
19-533
|
Resolved:
1. That
Council award Tender Supply and Delivery of Emulsion to Bitupave LTD T/A
Boral Asphalt.
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. (Richardson/Cameron)
|
Reports
of Committees - Infrastructure Services
|
|
Report No. 14.1 Report
of the Byron Shire Floodplain Risk Management Committee Meeting held on 24
September 2019
File No: I2019/1624
|
|
19-534
|
Resolved that
Council note the minutes of the Byron Shire Floodplain Risk Management
Committee Meeting held on 24 September 2019. (Richardson/Cameron)
|
|
19-535
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.1 North
Byron Floodplain Risk Management Study and Plan Project Update
File No: I2019/1446
Committee Recommendation 4.1.1
1. That
the information provided within Hydraulic categories and Hazard
Classifications section of Attachment 1 (E2019/68025) is supported for
inclusion within the Draft Floodplain Risk Management Study document.
2. That
the information provided within Information to Support Emergency Response
section of Attachment 1 (E2019/68025) is supported for inclusion within the
Draft Floodplain Risk Management Study document.
3. That
four flood mitigation options proceed to detailed flood mitigation assessment
stage; Billinudgel Levee (with and without supporting infrastructure
improvements), Federation Bridge debris control measures, Avocado Court
Overland Flow Path and Saltwater Creek Upgrade.
4. That
small stormwater pumps be investigated as a mitigation option to resolve
nuisances flooding to properties following flood events and smaller heavy
rainfall events in areas that are not drained by the South Golden Beach flood
pump.
5. That
the proposed Assessment of Cumulative Impacts of Development is supported
with the addition of the following considerations:
a. Assessment
of increased impervious areas in South Golden Beach, Mullumbimby and
Brunswick Heads be included in the proposed Assessment of Cumulative Impacts
of Development. (Attachment 3 - Appendix B – E2019/68028).
(Richardson/Cameron)
|
|
|
Report No. 14.2 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 1
October 2019
File No: I2019/1627
|
|
19-536
|
Resolved that Council note the minutes of the Transport and
Infrastructure Advisory Committee Meeting held on 1 October 2019. (Richardson/Cameron)
|
|
19-537
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.1 Integrated
Transport Management Strategy - Workshop
File No: I2019/1502
Committee Recommendation 4.1.1
1. That
the outcomes from the workshop be provided to Council via regular
project update process.
2. That
an extraordinary meeting to discuss Integrated
Transport Management Strategy be organised in December 2019. (Richardson/Cameron)
|
|
|
Report No. 14.3 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 10 October
2019
File No: I2019/1689
|
|
19-538
|
Resolved that
Council note the minutes of the Water, Waste and Sewer Advisory Committee
Meeting held on 10 October 2019. (Richardson/Cameron)
|
|
19-539
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.1 Inflow
and Infiltration
File No: I2019/1511
Committee Recommendation
4.1.1
That Council note the Report and note the progress on the
Inflow and Infiltration Reduction Program. (Richardson/Cameron)
|
|
19-540
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.2 Byron
Bay Integrated Management Reserve Update
File No: I2019/1588
Committee Recommendation
4.2.1
1. That
Council note the report
2. That
Council acknowledge that Wetland cells at Byron Bay STP are lined as follows:
a) Cells
D, E, and I are lined;
b) Cell
H behaves as if its lined; and
c) F
and G are not lined
3. That
Council contact relevant state authorities and Byron Bay Historical Society
to search their archive for reports on the Sand mining activities around
Byron Bay and Suffolk Park and especially near Byron Bay STP
4. When
this information has been assembled, Council consider a site visit for
committee members.
5. That
listing for Byron Bay STP Catchment of sewage load resulting from Development
Consents after 9 December 2002 (or similar) be brought to the next WWSAC.
6. That
Council note that Byron Bay STP capacity was reassessed in recent
years.
7. That
Council note that when ADWF reaches 80% of plant capacity (assessed in 2002
as 6.95 ML/day) Condition 6 requires action by Council. (Richardson/Cameron)
|
Confidential
Reports - General Manager
|
|
Report No. 16.1 Confidential - Annual Review of GM's
performance
File No: I2019/1693
|
|
|
The General Manager, Mark Arnold, left the chamber in
accordance with his earlier declared pecuniary interest in this matter.
|
|
19-541
|
Resolved that Council
note the findings and endorse recommendations from the performance review
panel with respect to the annual performance review for the General Manager
contained in Attachment 1 (#E2019/75496). (Richardson/Cameron)
|
Late
Reports
|
|
Report No. 17.1 Draft
2018/2019 Financial Statements
File No: I2019/1613
|
|
19-542
|
Resolved:
1. That
Council adopts the Draft 2018/2019 Financial Statements incorporating the
General Purpose Financial Statements and Special Purpose Financial
Statements.
2. That
Council approves the signing of the “Statement by Councillors and
Management” in accordance with Section 413(2)(c) of the Local
Government Act 1993 and Clause 215 of the Local Government (General)
Regulation 2005 in relation to the 2018/2019 Draft Financial Statements.
3. That
Council exhibits the Financial Statements and Auditor’s Report and
calls for public submissions on those documents with submissions closing on 5
December 2019 in accordance with Section 420 of the Local Government Act
1993.
4. That
the Audited Financial Statements and Auditors Report be presented to the
public at the Ordinary Meeting of Council scheduled for 28 November 2019 in
accordance with Section 418(1) of the Local Government Act 1993. (Richardson/Cameron)
|
|
|
Procedural Motion
|
|
19-543
|
Resolved that Council change the order of
business to deal with Reports 13.1, 13.8, 13.10 and 13.12 next on the Agenda.
(Richardson/Spooner)
The motion was put to the vote and declared carried.
|
Staff Reports - General Manager
|
|
Report No. 13.1 Submission
from sea kayak sub-licensees for an additional 3rd tour on each day during
NSW and QLD school holidays
File No: I2019/1422
|
|
19-544
|
Resolved:
1. That
Council support the proposal by Go Sea Kayak P/L and Byron Sea Kayaks
P/L for a variation to the sub-licence terms to allow for one
additional 3rd sea kayak tour on each day during the overlap of NSW and Qld
school holidays during April and October and for the whole of the period 26
December to 26 January.
2. That
the 3rd tour be conducted in accordance with consent from the Cape Byron
Marine Park.
3. That
a report be tabled at the November 2019 meeting for authority to amend Policy
5.52 Commercial Activities on Coastal and Riparian Crown Reserves. (Richardson/Hunter)
The motion
was put to the vote and declared carried.
|
Staff Reports – Corporate and
Community Services
|
|
Report No. 13.8 Annual
Report 2018/19
File No: I2019/1688
|
|
19-545
|
Resolved:
1. That
Council endorses the Annual Report 2018/19 (#E2019/70724), included as
Attachment 1 to this report and its submission to the Minister for Local
Government.
2. That
future annual reports seek to include relevant resolution numbers and
relevant hyperlinks (Ndiaye/Richardson)
The motion was put to the vote and declared carried.
|
Staff Reports – Infrastructure
Services
|
|
Report No. 13.10 Presentation
of the Final Bike Plan and PAMP for adoption
File No: I2019/1529
|
|
19-546
|
Resolved:
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.
c) That
project MU035 be listed as priority ‘B’
d) That
all projects currently listed as priority ‘U’ (unprioritised) be
reclassified as priority ‘C’, and priority ‘U’ be
eliminated as a priority category
e) Work
package IT002 be changed to read, “Construct 5.9km of new off-road
separated cycle path along Main Arm Road and consider options around how to
utilise 1.4km of very low use Durrumbul Road, to connect Main Arm to
Mullumbimby (total 7.3km)” and that the route shown on maps in the Plan
be adjusted accordingly (see last three pages of the Plan's appendix)
f) That
a cycle/ walking path connecting Broken Head and Suffolk Park be listed as
priority ‘C’ in the inter-town list
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
priority be given to address areas in the plan with concerns for safety, in
reference to the Community Solutions Panel adopted recommendations to
prioritise safety when considering future infrastructure works
6. 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. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.12 Suffolk
Park Pump Track
File No: I2019/1590
|
|
19-547
|
Resolved:
1. That
Council allocate $150,000 from the Suffolk Park Open Spaces developer contributions reserve to contribute to the My Community
Project Grant contribution of $156,300 for construction of a Pump Track and
associated works at Beech Drive Suffolk Park.
2. That
the final positioning of the Pump Track is to be the subject of further
community consultation, including direct engagement with current user groups,
with a report to be brought back to Council recommending the final location.
3. That
improvement works focusing on shading and new planting, for example as shown
as numbers 7, 18, 20, 23, and 25 in concept plan option 1 be considered a
high priority.
(Richardson/Lyon)
The motion was put to the
vote and declared carried.
|
Mayoral
Minute
There was no Mayoral Minute.
Notices
of Motion
|
|
Notice of Motion No. 9.1 Mayor
and Councillor Remuneration and Superannuation
File No: I2019/1611
|
|
19-548
|
Resolved that
Council:
1. Write
to relevant Ministers lobbying for changes to the Local Government Act to
delete s242A and include provisions (similar to those in the Queensland
legislation) requiring compulsory superannuation for Mayors and Councillors
at the rate equivalent to the rate set in the Superannuation Guarantee
(Administration) Act 1992 (Cth).
2. Make
a submission to the NSW Remuneration Tribunal for 2020 requesting maximum
permissible increases, whilst the NSW Public Sector wages policy applies,
along with creation of a new Regional Strategic category that adequately
recognises impacts on Council business arising from high volume regional
tourism or re-allocation of Byron Council into the existing Regional
Strategic category.
3. Request
LG NSW to support Council’s request for a review of categories.
(Ndiaye/Richardson)
|
|
|
Procedural
MotionS
|
|
19-549
|
Resolved that Cr Ndiaye be granted a two
minute extension to her speech. (Richardson/Martin)
The motion was put to the vote and declared carried.
|
|
19-550
|
Resolved that Cr Ndiaye be granted a one
minute extension to her speech. (Richardson/Martin)
The motion was put to the vote and declared carried.
|
The motion (Ndiaye/Richardson) was put to the vote and
declared carried.
Crs Hackett and Hunter voted against the motion.
|
|
Notice of Motion No. 9.2 Making
Council Submissions Public
File No: I2019/1616
|
|
19-551
|
Resolved:
1. That
all future submissions to Council are to be treated as public documents
unless requested otherwise by the submitter.
2. That requests be
considered on their merit by the General Manager. (Spooner/Cameron)
The motion was put to the vote and declared carried.
|
|
|
Notice of Motion No. 9.3 Designing
Specialist Homeless Services for Women Masterclass
File No: I2019/1617
|
|
19-552
|
Resolved that
Council support Cr Spooner’s attendance at the “Designing
Specialist Homeless Services for Women Masterclass” to be held in
Brisbane on 3-4 December 2019.
(Spooner/Richardson)
The motion was put to the vote and declared carried.
|
|
|
Notice of Motion No. 9.4 Review
of the current Signage Policy
File No: I2019/1620
|
|
19-553
|
Resolved:
1. That
given the huge impact lighting and signage can have on the look, feel and
ambience of our community, we request that Council staff conduct a review of
the current signage policy looking at:
a) The
approval framework for signage including building and business identification
signs, remote business and building identification signs and community event
signs.
b) The
hierarchy of planning legislation in relation to the criteria and controls
applicable to each sign type (i.e. SEPP, LEP, DCP) and how these controls
interplay with the Town and Village ‘Character Statements’.
c) The
potential for the inclusion of stricter guidelines for the luminance of LED
signage.
d) A
comparative study of other Local Government Areas that have a more recent
signage policy.
e) The
enforcement options where buildings or businesses are non compliant for both
current and retrospective DA’s in respect to signage.
f) The
use and proliferation of sandwich board and other mobile signage
2. That
Council engage with the business community regarding self assessment and
review of commercial signage with a view to seek compliance with current
standards and a responsibility to support the character of towns and
villages.
3. That
a report be brought to Council responding to points A-E outlining options for
a way forward before March 2020. (Ndiaye/Cameron)
The motion was put to the vote and declared carried.
|
|
|
Notice of Motion No. 9.5 Byron
Zero Homeless Project
File No: I2019/1626
|
|
19-554
|
Resolved that
Council contribute $1,000 to the Byron Zero Homeless Project as a s356
Community donation. (Lyon/Martin)
The motion was put to the vote and declared carried.
|
Delegates'
Reports
1. LGNSW
Annual Conference – October 2019
Cr Lyon advised:
I went to the Local Government Conference, no one else
joined me which was a shame. But I am happy to report the one thing which you
will be pleased to know, Cr Hunter especially, was that we passed a climate
emergency declaration at that conference (51 to 49 percent, it was a close one),
which was great so we are going to lobby the State Government to do the same
thing.
I note recently that Armidale is a regional council which
has also passed a climate emergency declaration, as has Glen Innes, so we are
gathering momentum, which is fantastic.
We narrowly lost [a vote] to have a 100% renewable energy
target by 2030 that was 49-51 so I am not sure if one person walked out and
another walked in between those two votes.
It was interesting, I am not sure about Western Sydney as
a venue, but always pleased to represent Byron Shire.
2. Stronger
Country Communities Openings
Cr Ndiaye advised:
Just having stepped in on the weekend, it was great to
see the results of the funding from the Stronger Country Communities Round 1
and 2. Cr Cameron was there and a lot of community members to celebrate getting
the funding for the shed at the museum to be insulated so they can work in it
when it is not getting too hot or cold.
It was also nice to see the families at Sandhills. We
hear about things but we don’t always get to see them delivered or the
people that are going to benefit from them.
So I wanted to report back how nice it was to see the
community actually get those things from the State Government funding.
Staff
Reports - General Manager
|
|
Report No. 13.3 Temporary
re-location of Community and Farmers Markets
File No: I2019/1523
|
|
19-555
|
Resolved:
1. That
Council authorise the continued suspension of the community and farmers
market licences issued for the Butler Street Reserve with ongoing abatement
of rent until both markets can be resumed at the Reserve.
2. That
Council, delegate to the General Manager, the authority to vary temporary
relocation market licences issued to:
a) Byron
Bay Community Association Inc for community markets at the beachside to:
i) extend
the term to 30 June 2020 with an addition option of six months; and
ii) the
Licensor to pay the Licensee to its nominated bank account, within 30 days
from the end of the term or any holding over, the amount of the bond held
being an amount not exceeding $1,000 (inclusive of GST).
b) Byron
Farmers Market Inc for farmers markets at the Cavanbah Centre to:
i) extend
the term to 30 June 2020 with an addition option of six months; and
ii) the
Licensee to submit to the Licensor within 30 days from the end of the term or
any holding over, all receipts detailing expenditure of $20,000 and return by
cheque made payable to Byron Shire Council the balance of all unspent monies.
3. That
Council authorise the full subsidisation of rent under the varied licence
term at a cost of $6,689 (inclusive of GST) funded from the Byron Bay Bypass
project. That Council continue to fully subsidised rent under the further six
month option at a rate set by Councils 2020-2021 fees and charges.
4. That
Council authorise the public exhibition of the variation of the farmers
market to the Byron Farmers Market Inc for 28 days and should any submissions
be received that a new report is brought back to Council. (Hackett/Richardson)
The motion was put to the vote and declared carried.
|
Staff
Reports - Corporate and Community Services
|
|
Report No. 13.6 Section
355 Management Committees - resignations
File No: I2019/1449
|
|
19-556
|
Resolved:
1. That
the resignation of Beverley Rahill from the Brunswick Heads Memorial Hall
Management Committee be accepted and a letter of thanks provided.
2. That
Council accepts the resignation of Cr Cameron from the Mullumbimby Civic Hall
Section 355 Board of Management, and elects Cr Martin as the replacement
Councillor member and Cr Lyon as the alternate on the Board. (Martin/Cameron)
The motion was put to the vote and declared carried.
|
There being no further business the meeting concluded at 1:25pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 28 November 2019.
….…………………………
Mayor Simon Richardson
