Minutes
Ordinary Meeting
Thursday, 28 November 2019
Minutes
Ordinary Meeting
Thursday, 28 November 2019
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
28 November 2019
The following items are listed in the order in which they were dealt with.
Notice of Motion No. 9.1 Urgent bird protection from dogs at Tallow Creek
Notice of Motion No. 9.2 Establishing a Natural Burial Ground in Byron Shire.
Report No. 13.13 A Community Proposal to name land at Suffolk Park as Linda Vidler Memorial Park
Report No. 13.15 Broken Head Reserve Road and Seven Mile Beach Road Update
Report No. 11.1 Grants submissions as at 1 November 2019
Delegate's Report No. 12.1 IAP2 Conference held 30 October 2019 in Sydney
Report No. 13.2 Variation of Byron Farmers Market licence for temporary change of market day
Report No. 13.4 Budget Review - 1 July 2019 to 30 September 2019
Report No. 13.5 Meeting schedule 2020
Report No. 13.6 Presentation of 2018/2019 Financial Statements
Report No. 13.7 Section 355 Management Committees - resignations, appointments
Report No. 13.8 Community Initiatives Program - 2019/20 Round 2 applications
Report No. 13.9 North Byron Parklands Regulatory Working Group - Community Representatives
Report No. 13.10 Investments - 1 October 2019 - 31 October 2019
Report No. 13.11 Operational Plan 2019/20 - First Quarter Report - Q1 - 1 July to 30 Spetember 2019
Report No. 13.12 Blues Festival Regulatory Working Group- Expressions of Interest
Report No. 13.17 Brunswick Heads Parking Scheme Performance Review - Update
Report No. 13.18 Multi Use of Byron Shire Rail Corridor - Next Steps.
Report No. 13.19 Renaming Thomas Street, Bangalow, as an extension of Charlotte Street
Report No. 13.20 Road Safety Officer - Notice of Motion Response
Report No. 13.21 RFT: 2019-0049 SPS1003 and SPS2000 Refurbishment Works
Report No. 13.22 Safe Beaches and Leg Rope Campaign
Report No. 17.1 2019/2020 Loan Borrowings
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 28 November 2019
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 28 November 2019 COMMENCING AT 9:15AM AND CONCLUDING AT 3:05PM
I2019/1938
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey (left at 11:50am), 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)
Michael Matthews (Manager Open Spaces and Resource Recovery) – items 9.2,13.1, and 13.22
Heather Sills (Minute Taker)
The Deputy 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.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
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Report No and Title |
For/Against |
Name |
Representing Organisation |
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Special Presentation – 5 minutes |
Byron Shire Youth Challenge |
For |
Jackson, Kai, Nalani, and Shelayne |
Students from Mullumbimby High School |
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9.1 |
Urgent bird protection from dogs at Tallow Creek |
For |
Jan Olley |
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9.2 |
Establishing a Natural Burial Ground in Byron Shire |
For |
Diane Hart |
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13.13 |
A Community Proposal to name land at Suffolk Park as Linda Vidler Memorial Park |
For |
Tai Longergan |
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13.15 |
Broken Head Reserve Road and Seven Mile Beach Road Update |
For |
Luke McConell |
Broken Head Residents Group |
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Against |
Alison Drover |
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Submission No. 1 – The Point of It
John Anderson made a submission to Council regarding making submissions to Public Access.
Question No. 1 – Housing Affordability
David Brown asked the following question:
What immediate action is Council taking to address the issue of housing affordability in this Shire and the negative impacts it is having on its economic, social, and environmental sustainability?
Cr Spooner provided the following response:
Thanks David for your question, I note that you came along last meeting and asked a similar sort of question, so I think it is worth hearing from us, because I share your concerns. I do note in your question you said “immediate responses,” what I would like to highlight is some of the things that this Council has been attempting to do.
You would be aware of the Residential Strategy that was put out recently and that we will be considering in early 2020. That Strategy is trying to address within it a whole bunch of things, but a part of that some of the issues around affordability that could be delivered through planning controls.
A second thing that has been going on through this term of Council is looking at short term rental accommodation and trying to exclude that from any Council owned land or land that may be seen as residential new release, through either State Government or ourselves.
And thirdly, there has been talk of a planning proposal looking at low rise medium density development, which would provide infill capacity within development so that we can look at some of the diversity of issues that is needed in this Shire in terms of where housing is located close to villages, but more importantly, the type of housing that gets a ‘guernsey.’
Interestingly we are tyring to look at SEPP 70 through the Local Environmental Plan (LEP) which would enable us to get a contribution towards affordable housing, so we put our hand up quite early on for any benefits that rezoning might provide for developers. That contribution would go to affordable housing to be delivered.
We have also looked at an Expression of Interest process that this Council went through in terms of looking at private land that could be added in to affordable housing in the area.
You would be aware of Lot 22 in Mullumbimby that we are looking at as a potential site for new residential that is focussed on affordability and also the work that is being done with the Mullumbimby hospital site to incorporates some affordable housing there.
Interestingly, just recently, there was a meeting I believe (I wasn’t a part of it), with Minister for Planning and Public Spaces, Rob Stokes, where the issue of trying to look at enabling tiny house development legally was put on the table and that is something that we are also very keen on in this Shire because we think it would develop things. So, while those things have been going on in the background we hope they will deliver some positive outcomes. I hope that answers some of your questions, but look forward to your continuing input into those things.
Mayor Richardson further provided that:
Myself, the General Manager and Director Sustainable Environment and Economy met with Rob Stokes trying to get some support for a Shire specific change in the LEP to allow tiny houses, particularly on Crown or Council land and particularly based around providing affordability and a not-for-profit outcome. He was supportive of it. So hopefully we will have something to him at the latest middle of next year and hopefully then he will support us in that endeavour.
Cr Ndiaye also added:
We have also had meetings recently where we were looking at trying to increase the 10 years that you get for housing affordability development to be extended to maybe 20 years, because 10 years goes by pretty quickly when you have an affordable housing aspect. We have added clauses wherever we can in any new developments to prevent holiday letting or encourage affordable housing within the opportunities that we do have in the current planning arrangements. Also, in that more immediate term we have just employed two people to help work with the people that have been really affected by it and are living on the street or in insecure housing, to start trying to pair them up with the services that are available and work with them. So it is something that has been a big focus of our Council, it has been more challenging than any of us would like, but don’t think it is not something we are working on.
Question No. 2 – RFT 2019-0015 – 1 Broken Head Road Redevelopment
Liz Levy asked the following question:
In regard to the Request for Tender process for Lot 1 Broken Head Road Redevelopment, in the absence of a recommended tenderer from the evaluation panel, if Council decides to continue to negotiate with one tenderer, is there any obligation to observe the original criteria and select the tender of highest score or will Council develop and make transparent the criteria and weightings on which their selection is made?
Cr Coorey asked for clarity on the question:
Just to clarify what you are asking, if we choose, or Council chooses one of the previous tenderers, can you just tell me what it is you are suggesting what it is we do or you are asking that we do.
Liz Levy responded:
I am asking if there will be any process system of actually discerning between the tenders that are still on the table, or will it just be ‘I kind of like that one,’ or will the probity consultant still have oversight of the process and those sorts of things. It is a bit hard to cover it all in a one minute question.
Cr Coorey further added:
So you are not suggesting a new tender process.
The Director Infrastructure Services took the question on notice.
Question No. 3 – Secondary Dwelling Conditions of Consent
David Wallace, on behalf of VOHL, asked the following question:
On 2 August, 2018, Council considered Report 13.13 Updates - Audits of secondary dwelling conditions of consent. It was estimated that about 200 granny flats are illegally holiday let by owners. One of the conditions of consent signed off by the owner states on two different pages that there is to be no holiday letting and no tourist and visitor accommodation. One of the motions passed in this report was "that Council continue to consider to prosecute for development without consent.” Action against illegal holiday letting is regarded as a major priority for Council Enforcement. How many secondary development owners have been prosecuted for illegal holiday letting in the 16 months since this report?
Director Sustainable Environment and Economy provided the following response:
Given the current flux in the State Government legislation and the need for us to do our own planning proposal; during the last 16 months we have not launched any prosecutions, so there have been no prosecutions.
Question No. 4 – Bypass Costs
John Anderson asked the following question:
Will the Council finally realise that the issue of costs for the bypass is not going to go away and accordingly provide ratepayers with a fullsome breakdown of actual & proposed outlays in terms of legal costs, consultants, construction, noise, insulation etc so that the all good total of $25 million doesn’t invite ongoing speculation and suspicion about bad faith?
The Mayor took the question on notice.
The meeting adjourned at 10.10am and reconvened at 13:40am.
There were no apologies.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Ndiaye declared a non-pecuniary interest in Report 13.12 - Blues Festival Regulatory Group. The nature of the interest being that she works on site at the Blues Festival. Cr Ndiaye elected to remain in the Chamber and will participate in discussion but not vote.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
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Resolved that the minutes of the Ordinary Meeting held 24 October 2019 be confirmed. (Hackett/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 Sub-license to Zephyr Horses and Cape Byron Seahorses Riding Centre for access through Crown Land
Corporate and Community Services
Report No. 13.7 Section 355 Management Committees - resignations, appointments
Report No. 13.11 Operational Plan 2019/20 - First Quarter Report - Q1 - 1 July to 30 September 2019
Sustainable Environment and Economy
Report No. 13.12 Blues Festival Regulatory Working Group- Expressions of Interest
Infrastructure Services
Report No. 13.13 A Community Proposal to name land at Suffolk Park as Linda Vidler Memorial Park
Report No. 13.15 Broken Head Reserve Road and Seven Mile Beach Road Update
Report No. 13.18 Multi Use of Byron Shire Rail Corridor - Next Steps
Report No. 13.20 Road Safety Officer - Notice of Motion Response
Report No. 13.22 Safe Beaches and Leg Rope Campaign
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Ndiaye. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 19-581 and concluding with Resolution No. 19-601.
Staff Reports - General Manager
Staff Reports - Corporate and Community Services
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Report No. 13.6 Presentation of 2018/2019 Financial Statements File No: I2019/1766
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Resolved that the Audited Financial Statements and Auditors Reports for the 2018/2019 financial year be presented to the public in accordance with Section 419(1) of the Local Government Act 1993. (Richardson/Ndiaye) |
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Report No. 13.8 Community Initiatives Program - 2019/20 Round 2 applications File No: I2019/1811
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1. That Council provides funds from the Section 356 budget to the Community Initiatives Program 2019/20 Round 2 projects recommended for funding in Confidential Attachment 1 (#E2019/80374).
2. That Council advertises the proposed Section 356 donations. (Richardson/Ndiaye)
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Report No. 13.9 North Byron Parklands Regulatory Working Group - Community Representatives File No: I2019/1831
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Resolved that Council nominates the community representative in Confidential Attachment 1 for appointment to the North Byron Parklands Regulatory Working Group (RWG) for a two year term. (Richardson/Ndiaye)
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Report No. 13.10 Investments - 1 October 2019 - 31 October 2019 File No: I2019/1854
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Resolved that the report listing Council’s investments and overall cash position as at 31 October 2019 be noted. (Richardson/Ndiaye) |
Staff Reports - Infrastructure Services
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Report No. 13.14 Land Acquisition for Dedication as Road Reserve at Butler, Shirley, Lawson and Jonson Streets Byron Bay File No: I2019/1708
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1. That Council authorise the acquisition of the identified land in Figures 1 and 2 of this report for road widening purposes.
2. That Council authorise staff to complete all tasks to allow the acquisition, including carrying out survey work and valuations, entering agreements with the relevant land owners, paying just compensation and registering the acquisitions. (Richardson/Ndiaye)
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Report No. 13.16 Dingo Lane Solar Farm - Project Update and Tendering Process for the Design, Construct, Operation and Maintenance of a Solar Farm at Dingo Lane, Myocum File No: I2019/1724
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1. That Council note the Probity Plan (E2019/80663).
2. That Council note the updates to the timeline estimate.
3. That Council note the revised business case.
4. That Council note that a budget adjustment for an additional $129,000, funded from the Waste Management Reserve, has been included in the 30 September 2019 Quarter Budget Review.
5. That Council note that Council intends to call for an Expression of Interest (EOI) for the “Generation and Retail of Electricity” for Council.
6. That Council recommend Council call for an Expression of Interest (EOI) for the Design and Construction (and Operation and Maintenance) of a Solar Farm at Dingo Lane. |
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Report No. 13.17 Brunswick Heads Parking Scheme Performance Review - Update File No: I2019/1725
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Report No. 13.19 Renaming Thomas Street, Bangalow, as an extension of Charlotte Street File No: I2019/1755
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Resolved that Council approve the renaming, renumbering and Gazettal of the branch of Thomas Street that travels south-west from Robinson Street, as a continuation of Charlotte Street. (Richardson/Ndiaye) |
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Report No. 13.21 RFT: 2019-0049 SPS1003 and SPS2000 Refurbishment Works File No: I2019/1827
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1. That Council decline to accept any of the tenders.
2. That Council in accordance with Clause 178 (3) (f) of the Local Government (General) Regulation 2005, carry out the requirements of the proposed contract itself.
3. That Council makes public its decision, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005. (Richardson/Ndiaye) |
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 8 August 2019 File No: I2019/1700
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Resolved that Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 8 August 2019. (Richardson/Ndiaye) |
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Report No. 14.2 Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 31 October 2019 File No: I2019/1873
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Resolved that Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 31 October 2019. (Richardson/Ndiaye) |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 4.2 Environmental Upgrade Agreements (EUAs) and Solar Bulk Buy Options - Update File No: I2019/1629
Committee Recommendation 4.2.1 That the Sustainability and Emissions Reduction Advisory Committee note the report and recommend to Council to: 1. Invite Shay Singh from Sustainable Energy Foundation to present to Council and renewable energy community groups about the potential for commercial EUAs in Byron Shire.
2. Consider a further report on the residential solar program delivery options, including batteries, at the next SERAC meeting.
3. Contact a sample of Byron Shire Primary and Secondary schools to gauge interest and demand for a ‘Solar my School’ program. Communicate outcomes to SERAC and pursue a meeting of school representatives if feedback is positive. (Richardson/Ndiaye) |
Reports of Committees - Infrastructure Services
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Report No. 14.3 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 14 November 2019 File No: I2019/1902
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1. That Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 14 November 2019.
2. That Council adopt the previous minutes and that the item be put in the next Agenda clarifying the sentence at 4.2 about the behaviour of Wetlands cells H and J. |
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Resolved that Council adopt the following Committee and Management Recommendation(s): Report No. 4.1 Byron Bay Integrated Management Reserve - Byron Bay STP Catchment File No: I2019/1847
Committee Recommendation 4.1.1 1. That the Council note the report.
2. That a report on Byron Bay STP Catchment sewerage load resulting from Development consents after 9 December 2002 (or similar) be brought to the next meeting of WWSAC.
3. That the Conditions of Consent for the Byron Bay STP be included with the Report. |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 4.2 National Recycling Week File No: I2019/1855
Committee Recommendation 4.2.1 1. That the Council note the committee received the presentation.
2. That Council consider the possibility of instructive stickers on yellow bins. (Richardson/Ndiaye) |
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Report No. 17.1 2019/2020 Loan Borrowings File No: I2019/1966
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1. That Council authorises the General Fund borrowings of $1,844,000 for the 2019/2020 financial year for the purposes outlined in this report and the refinance of existing loan no 58 in the amount of $17,564,000.
2. That Council authorises the General Manager to accept the loan offer for $19,408,000 from NSW Treasury Corporation as indicated in the report.
3. That Council authorises the affixing of the Council Seal to any documents to execute the loan borrowings that are the subject of this report. (Richardson/Ndiaye)
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Procedural Motion |
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Resolved that Council change the order of business to deal with Reports 9.1, 9.2, 13.13, 13.15 next on the Agenda. (Spooner/Hunter) The motion was put to the vote and declared carried. |
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Notice of Motion No. 9.1 Urgent bird protection from dogs at Tallow Creek File No: I2019/1882
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1. That Council moves to urgently enact stricter dog compliance measures in bird breeding and hatching areas around the Tallow and Belongil Estuaries by committing increased ranger patrols and enforcing compliance and fines against off-leash breaches;
2. That Council confines dogs and their walkers to the sealed path that starts at Broken Head Road;
3. That Council notify Ingenia Caravan Park that access through the South Byron former STP is prohibited and those entering this area will be considered to be trespassing
4. That Council request a meeting with Ingenia Caravan Park to decide the best alternative beach access route from their site and consults with NPWS and Byron Bird Buddies and any other stakeholders to develop a communication and education program
5. That a report be prepared for the February Ordinary Meeting on points 1-4 and providing costings and design of fencing on its land that will enable the beach access to be prevented.
6. That Council publicise these changes via traditional and social media. (Coorey/Hackett) |
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Procedural MotionS |
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Resolved that Cr Coorey be granted a three minute extension to her speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
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Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Richardson/Coorey) The motion was put to the vote and declared carried. |
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Resolved that Council move into Committee to allow for free debate. (Richardson/Lyon) The motion was put to the vote and declared carried. |
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Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon/Richardson) The motion was put to the vote and declared carried. |
The motion (Coorey/Hackett) was put to the vote and declared carried.
Cr Coorey left the meeting at 11:50am and did not return.
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Notice of Motion No. 9.2 Establishing a Natural Burial Ground in Byron Shire File No: I2019/1898
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Resolved that Council look to establish a Natural Burial Ground within Byron Shire and pursuant to this: 1. Identify a suitable parcel of Council land for the purposes of establishing a Natural Burial Ground for the community.
2. Call for Expressions of Interest from landholders within Byron Shire to provide a space for a Natural Burial Ground.
3. Report back to Council on the above and any protocols required from Council to implement such a project. (Lyon/Martin)
The motion was put to the vote and declared carried. |
Staff Reports - Infrastructure Services
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Report No. 13.13 A Community Proposal to name land at Suffolk Park as Linda Vidler Memorial Park File No: I2019/1380
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1. That Council support the application for the naming of the land parcel on Beech Drive currently referred to as the Suffolk Park Recreation Grounds as the Linda Vidler Memorial Park.
2. That staff proceed to exhibit the preferred name for 28 days as per Council’s Naming of Public Places and Community Facilities Policy.
3. That should no objections be received, that the name be adopted and submitted to the NSW Geographical Names Board for approval and registration.
4. That the Plan of Management is amended to reflect a change of name.
5. That if adopted and in consultation with the family, Council hold a community celebration including a tree planting. (Ndiaye/Spooner)
The motion was put to the vote and declared carried. |
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Report No. 13.15 Broken Head Reserve Road and Seven Mile Beach Road Update File No: I2019/1717
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1. That Council note the report and the work undertaken by Council staff to date.
2. Council, acknowledging the recent meeting between the General Manager, Director of Sustainable Environment and Economy, and Mayor with the Hon. Ben Franklin MP and Minister of Environment, the Hon. Matt Kean, thank the Minister for his stated support for Seven Mile Beach Road being included within the proposed expansion of NSW National Parks and that: a) Council acknowledge that the transfer of Seven Mile Beach Road to NPWS is Council primary recommendation and formally request this road being included within the proposed expansion of NSW National Parks as soon as possible b) Within this process of transference of ownership, Council commits to cost sharing in partnership with relevant State agencies to ensure that Seven Mile Beach Road is upgraded to an acceptable level prior to the transference of ownership c) Council supports the needs of all users and groups such as the surfing and fishing community to continue its access to the beaches in this area from 5 am (outside of NPWS public opening parking hours).
3. That due to risks from fire, Council close its carparks when NPWS close the National Park and provide VMS messaging at the entrance of Seven Mile Beach Road to notify visitors of the closure.
4. That Council approve the no parking area on Seven Mile Beach Road as recommended by the Local Traffic Committee on 19 November 2019.
5. That Council, subject to Local Traffic Committee recommendation, approve changing the time restrictions to limit parking on Seven Mile Beach Road from 8pm-5am. (Richardson/Ndiaye) |
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Procedural Motion |
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Resolved that Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Lyon) The motion was put to the vote and declared carried. |
The motion (Richardson/Ndiaye) was put to the vote and declared carried.
The meeting adjourned at 12:23pm for a lunch break and reconvened at 1:15pm.
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Mayoral Minute No. 8.1 Brunswick Heads to Mullumbimby Cycleway Investigation Report and Preferred Option Concept Design File No: I2019/1894
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1. That Council undertake an Investigation Report and Preferred Option Concept Design for a Brunswick Heads to Mullumbimby Cycleway.
2. That the preferred option design consider: continuous cycleway with safe crossings, continuous cycleway on one side of the road, and continuous cycleways on both sides of the road.
3. That actions in 1, and funding identification and allocation occur upon funding being secured for the Byron Bay (Browning Street) to Suffolk Park (Clifford Street) Cycleway. (Richardson/Cameron) The motion was put to the vote and declared carried. |
There were no petitions tabled.
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Delegate's Report No. 12.1 IAP2 Conference held 30 October 2019 in Sydney File No: I2019/1865
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Delegate notes provided by Mayor Cr Simon Richardson, guest speaker at IAP2 Conference in Sydney on Wednesday 30 October 2019 “Engagement unlocked: Keys to Trust, Connection and Potential”, are attached to this Report.
Signed: Cr Simon Richardson |
Delegate's Report No. 12.2 Meetings with Ministers
Cr Richardson advised:
We have had four meetings with Ministers recently. Each of them will start to ‘pop out,’ I won’t go into all of them, it’s a long discussion. But we had really good discussions with Matt Kean the Environment Minister; we had really encouraging conversations and meeting with Rob Stokes from a tiny house perspective, to get some affordable and diverse housing outcomes; we had a really good meeting with Paul Toole about activating the rail corridor and acknowledging that Byron can have both track and trail and he is open to working with us on that; and we also had, perhaps a slightly less positive or fruitful discussion, but still one that could get us some good outcomes, with the Minister of Community and Family Services about the homeless needs of our Shire.
I think what it really came down to what that there were three Ministers that were pretty well versed or up-to-date with the issues that we were talking about, he (the Minister of Community and Family Services) perhaps was a bit unaware of Byron’s challenges. He was left with no doubt as to our challenges by the end of that presentation and so again, has shown a real willingness to work with staff to try and provide outcomes for our community that is greatly in need and generally gets dwarfed by larger population centres.
We probably haven’t had a more fruitful experience in Sydney when trying to get in front of Ministers and again, while I am here I want to thank Ben Franklin for facilitating and organising the meetings and then helping during the meetings. It is really great to get that access.
Staff Reports - General Manager
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Report No. 13.1 Sub-license to Zephyr Horses and Cape Byron Seahorses Riding Centre for access through Crown Land File No: I2019/1130
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1. That Council authorise the General Manager to grant a sub-license to Zephyr Horses for a term of 12 months for the purpose of access through Lot 407 DP 729057 being Crown Reserve R755695 on condition that:
a) Zephyr Horses holds a current permit with Cape Byron Marine Park for the term of the sub-license; and
b) Zephyr Horses 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. That Council authorise the General Manager to grant a sub-license to Cape Byron Seahorses Riding Centre for a term of 12 months for the purpose of access through Lot 428 DP 729272 being Crown Reserve R81780 on condition that:
a) Cape Byron Seahorses Riding Centre holds a current permit with Cape Byron Marine Park for the term of the sub-license; and
b) Cape Byron Seahorses Riding Centre 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.
3. That the fee for each sub-license for the 12 month term be set at the annual Sub-license Beach Access Commercial Horse Riding fee as set in Council’s current Fees and Charges. The motion was put to the vote and declared carried. |
Staff Reports - Corporate and Community Services
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Report No. 13.7 Section 355 Management Committees - resignations, appointments File No: I2019/1805
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1. That the resignation received from Susan Kaden from the Lone Goat Gallery Board of Management be accepted and a letter of thanks provided.
2. That the nominee in Confidential Attachment 1 (E2019/79622) be appointed to the Ocean Shores Community Centre Management Committee. (Lyon/Ndiaye)
The motion was put to the vote and declared carried. |
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Report No. 13.11 Operational Plan 2019/20 - First Quarter Report - Q1 - 1 July to 30 September 2019 File No: I2019/1895
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1. That Council notes the 2019/20 Operational Plan First Quarter Report for the period ending 30 September 2019 (Attachment 1 #E2019/83043).
2. That Council adopts the proposed amendments to the Operational Plan 2018/19 outlined in Attachment 2 (#E2019/80661). (Hackett/Richardson) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
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Report No. 13.12 Blues Festival Regulatory Working Group- Expressions of Interest File No: I2019/1819
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1. That Council nominate the following community representative for appointment to the Blues Festival Regulatory Working Group (RWG) on a rotational basis not exceeding four years: Fabrizio Calafuri.
2. That Council advise the Chairperson of the Blues Festival Site Regulatory Working Group (RWG) of the nomination. (Hackett/Spooner)
The motion was put to the vote and declared carried. In accordance with her earlier declared interest, Cr Ndiaye did not participate in the vote. |
Staff Reports - Infrastructure Services
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Report No. 13.18 Multi Use of Byron Shire Rail Corridor - Next Steps File No: I2019/1754
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1. Supports the preferred option of a “Rail with Trail” use for the Byron Shire Rail Corridor as an outcome of the Feasibility Study completed by Arcadis Australia Pacific Pty Ltd.
2. Prioritise the removal of vegetation and maintenance of drainage within the rail corridor as the first stage towards reactivating the rail corridor, and that in relation to this prioritisation: a) Note the recent meeting between the General Manager, Director of Sustainable Environment and Economy and Mayor with the Hon. Ben Franklin MP and Minister of Regional Transport, the Hon. Paul Toole, and thank the Minister for his acknowledgment that the Byron Shire section of the Casino to Murwillumbah Rail Corridor could facilitate a Rail with Trail activation if further feasibility investigations supported this outcome and that clarity of where ongoing rail corridor maintenance responsibility lies will be forthcoming. b) Notes and endorses the unanimous support by the Northern River Joint Organisation for the prioritisation of removing vegetation from within the rail corridor and its request to the State Government for its immediate removal in order to commence reactivation of the rail corridor as resolved at the 16 August, 2019 ordinary meeting of the NRJO.
3. Concurrently, prioritise the investigation into and eventual recommendation of the preferred governance model to manage the Casino to Murwillumbah Rail Corridor reactivation project, with a specific focus on the Rail with Trail activation within Byron Shire.
4. Endorse further investigation of a “Rail with Trail” option, including the following activities for reactivating the Byron Shire Rail Corridor: i) Letter of Understanding with NRJO to collaborate on a Northern Rivers Rail Corridor Reactivation Project (Casino to Murwillumbah), incorporating a Rail with Trail project in Byron Shire ii) Undertake further design and engineering assessment work to prepare for track based transport vehicles (on formation) to be grant and/or investment ready and that this includes reviewing the Office of the National Rail Safety Regulator- Safety Management System Guideline. iii) Apply for grant funding, as opportunities arise, including regional economic development grant opportunities.
5. Consider a budget allocation of $100,000 as part of the 31 December Quarterly budget review, to progress points 3 and 4. (Richardson/Ndiaye) |
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Procedural Motion |
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Resolved that Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Cameron) The motion was put to the vote and declared carried. |
AMENDMENT
Moved:
1. That Council note the preferred option of a “Rail with Trail” use for the Byron Shire Rail Corridor as an outcome of the Feasibility Study completed by Arcadis Australia Pacific Pty Ltd.
2. That Council consider staging this large, complex project into the following two stages:-
a) Stage 1; Rail Trail/Shared Path (off-formation)
b) Stage 2; Rail transport vehicles (on-formation)
3. That Council endorse further investigation of a “Rail with Trail” option, including the following activities for reactivating the Byron Shire Rail Corridor;
a) Council staff to complete the following key tasks in progressing Stage 1:-
i) Undertake further work to prepare the “Rail Trail” project to be grant ready, e.g. design and engineering assessment
ii) Letter of Understanding with NRJO to collaborate on a Northern Rivers Rail Trail (Casino to Murwillumbah)
ii) Apply for grant funding for Stage 1 “Rail Trail”, as opportunities arise
b) Council staff to complete the following key tasks in progressing Stage 2:
i) Review the Office of the National Rail Safety Regulator; Safety Management System Guideline
ii) Identify potential models of delivery for further consideration at a Councillors workshop.
4. That Council consider a budget allocation of $100,000 as part of the 31 December Quarterly budget review, to progress Stage 1. (Spooner/Hunter)
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Procedural Motion |
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Resolved that Cr Spooner be granted a two minute extension to his speech. (Richardson/Hackett) The motion was put to the vote and declared carried. |
The amendment (Spooner/Hunter) was put to the vote and declared lost.
Crs Martin, Lyon, Ndiaye, Richardson, and Cameron voted against the amendment.
The motion (Richardson/Ndiaye) was put to the vote and declared carried.
Crs Hunter, Spooner, and Hackett voted against the motion.
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Report No. 13.20 Road Safety Officer - Notice of Motion Response File No: I2019/1849
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1. That Council note the report.
2. That Council continue consultation with RMS and internally to develop a potential position description for the role of Road Safety Officer.
3. That Council undertake a review of the budget to confirm there are adequate funds available to fund up to $40,000 to $50,000 for a Road Safety Officer with RMS to fund the other 50% of the role.
4. That Council support the General Manger undertaking a review of the staff structure to confirm where a Road Safety Officer would be accommodated within the organisational structure.
5. That Council consider the development of a road safety campaign by way of a report to TIAC incorporating a discussion of items: a) Development of 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) Conducting 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) providing a review of effective road safety awareness campaigns/options in both rural and urban contexts d) considering consultative actions for the development and delivery of a campaign. e) setting out a timeline of action for the development and delivery of a campaign f) providing 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 g) providing further advice on the potential employment of a Road Safety Officer to support and conduct a road safety awareness campaign
6. 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. (Cameron/Ndiaye) The motion was put to the vote and declared carried. |
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Procedural Motion |
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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. |
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Report No. 13.22 Safe Beaches and Leg Rope Campaign File No: I2019/1859
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1. That Council notes the attached Safe Beaches Interim Committee Constitution (E2019/81994) and seeks further feedback from the Safe Beaches Interim Committee on the draft Constitution.
2. That Council supports the Interim Committee Leg Rope Campaign in efforts to reduce incidents that occur as a result of the practice of not wearing leg ropes. |
AMENDMENT
Moved:
1. That Council notes the attached Safe Beaches Interim Committee Constitution (E2019/81994) and seeks further feedback from the Safe Beaches Interim Committee on the draft Constitution.
2. That Council support the Interim Committee Leg Rope Campaign in efforts to reduce incidents that occur as a result of the practice of not wearing leg ropes.
3. That funding for the leg rope campaign be funded from the existing Tyagarah Cameras and Signage budget up to a value of $5,000. (Ndiaye/ Hunter)
The amendment was put to the vote and declared tied.
Crs Lyon, Richardson, Hackett, and Spooner voted against the amendment.
The Mayor used his casting vote and declared the amendment lost.
The motion was put to the vote and declared carried.
There being no further business the meeting concluded at 3:05pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 12 December 2019.
….…………………………
Mayor Simon Richardson