Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 27 February 2020

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

27 February 2020

 

 

INDEX OF ITEMS DISCUSSED

 

The following items are listed in the order in which they were dealt with.

 

Report No. 11.1          Submissions and Grants Report - February 2020. 7

Report No. 13.1          Lease over road reserve adjoining 27 Marine Parade Byron Bay. 7

Report No. 13.2          Lease to Scouts NSW for occupation of the Byron Bay Scout Hall 7

Report No. 13.3          Lease to Byron Region Community College Inc. 8

Report No. 13.4          Variation of temporary Byron Farmers Market licence at Cavanbah Centre. 8

Report No. 13.7          Investments - 1 January 2020 to 31 January 2020. 8

Report No. 13.8          Delivery Program 6-monthly Report and 2019/20 Operational Plan Second Quarter Report - Q2 - to 31 December 2019. 9

Report No. 13.9          Investments - 1 December 2019 to 31 December 2019. 9

Report No. 13.10       Budget Review - 1 October 2019 to 31 December 2019. 9

Report No. 13.15       Electricity Contract 9

Report No. 13.16       Compliance Priorities Program Report 2019. 9

Report No. 13.18       Belongil Creek Catchment Update. 10

Report No. 13.21       Relocation of Byron Bay Netball Club to Cavanbah Centre and Outdoor court lighting. 11

Report No. 13.24       Tender 2019-0066 Byron Creek Bridge Replacement 11

Report No. 14.1          Report of the Local Traffic Committee Meeting held on 6 December 2019. 12

Report No. 14.2          Report of the Transport and Infrastructure Advisory Committee Meeting held on 3 December 2019. 12

Report No. 14.3          Report of the Transport and Infrastructure Advisory Committee Meeting held on 30 January 2020. 12

Report No. 14.4          Report of the Water, Waste and Sewer Advisory Committee Meeting held on 30 January 2020. 13

Report No. 14.5          Report of the Local Traffic Committee Meeting held on 28 January 2020. 15

Notice of Motion No. 9.1          Julian Assange. 15

Notice of Motion No. 9.2          Petria Thomas Swimming Pool in Mullumbimby - Conversion to year round facility  16

Notice of Motion No. 9.3          Positive Change for Marine Life - River Warriors Program.. 17

Notice of Motion No. 9.4          Support for Arts Northern Rivers. 17

Report No. 13.11       Policy Review  - Policies for repeal (part 3) 17

Report No. 13.17       Tallow Creek Urgent Dog Management - update on Res 19-602. 18

Report No. 13.19       Tender 2019-0037 Repentance Creek Road Causeway Upgrade. 19

Report No. 13.20       Council Resolution 19-322 Update - Brunswick Heads Periodic Parking. 19

Report No. 13.23       Suffolk Park Pump Track Location. 19

Mayoral Minute No. 8.1            Supporting Housing above Council Owned Carparks. 20

Delegate's Report No. 12.1     Presentation to Virtual Power Plants, New Energy Storage, and Renewable Energy 2019 Conference, 15 November 2019 in Melbourne. 21

Report No. 13.5          National General Assembly of Local Government 2020. 21

Report No. 13.6          Heritage Advisory Panel - Representatives. 21

Report No. 13.12       Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020. 22

Report No. 13.13       Update following sale of birds from The Lighthouse Sculpture. 22

Report No. 13.14       Councillor Representatives to the Cape Byron Headland Reserve Trust Board. 23

Report No. 13.22       Bioenergy Facility Vendor Selection and Future Work Plan. 23

Report No. 14.1          Report of the Local Traffic Committee Meeting held on 6 December 2019. 24

Report No. 14.5          Report of the Local Traffic Committee Meeting held on 28 January 2020. 25

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                       27 February 2020

 

 

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 27 February 2020 COMMENCING AT 9:05AM AND CONCLUDING AT 3:00PM

I2020/197

PRESENT:   Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, and Cr S Ndiaye

 

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)

            Chloe Dowsett (Coastal and Biodiversity Coordinator) – item 9.3

            Michael Matthews (Manager Open Spaces and Resource Recovery) – item 13.23

            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

9.2

Petria Thomas Swimming Pool in Mullumbimby -

Conversion to year round facility

For

Sandra Kessler

Mullumbimby Residents Association (MRA)

9.3

Positive Change for Marine Life - River Warriors Program

For

Karl Goodsell

Positive Change for Marine Life

Alastair Gillespie

Byron Bay Brewery

Andrew Page

Cape Byron Marine park

Simon Freeden

Positive Change for Marine Life – River Warriors Program

Silas Mackay

Positive Change For Marine Life

9.4

Support for Arts Northern Rivers

For

Peter Wood

Arts Northern rivers

13.3

Lease to Byron Region Community College Inc

For

Richard Vinycomb

Byron Community College

13.11

Policy Review - Policies for repeal (part 3)

For

Community Alliance for Byron Shire Incorporated

Community Alliance for Byron Shire Incorporated

13.16

Compliance Priorities Program Report 2019

Against

John Anderson

 

 

 

9.1

Julian Assange

For

John Anderson

 

 

13.17

Tallow Creek Urgent Dog Management - update on Res 19-602

For

Suzie Deyris

 

 

Adrian Gattenhoff

 

Jan Olly

 

Ben Jones-Wilson

Ingenia Holidays Byron Bay

13.19

Tender 2019-0037 Repentance Creek Road

Upgrade

For

Matthew Lambourne

 

13.20

Council Resolution 19-322 Update - Brunswick Heads Periodic Parking

For

Matthew O’Reilly

CABS

13.23

Suffolk Park pump track location

For

Liz Levy

Suffolk Park Progress Association

 

Submissions

 

Subject

Name

Representing Organisation

Road conditions, Upper Main Arm

Matthew Lambourne

 

Industrial Land

Matthew O’Reilly

CABS

Not answering questions

John Anderson

 

 

Question No. 1 – Cost of the Railway Park Upgrade

 

Matthew O’Reilly, on behalf of CABS, asked the following question:

 

Could Council please provide a breakdown of the costs of the Railway Park upgrade, including the cost of the raised walkway, the children’s playground and the concreting?

 

The General Manager took the question on notice.

 

Question No. 2 – Fees Paid to GHD for the Byron Bypass

 

John Anderson asked the following question:

 

Given that the purported breakdown of costs re the Bypass provided by Council late last year (document 2019/9021) included global groupings such as "Design Detailed Design and Court Costs" (total figure $2,018,045.00 not exactly a breakdown) and given that there is in the list a repetitive proliferation of "Design”, “Management" & "Documentation" overheads, could Council please provide a global figure for fees paid and currently due to GHD, that multicultural friend of Adani, and a breakdown of those costs as they relate to specific tasks performed by GHD.

 

The Mayor took the question on notice.

 

The meeting adjourned at 10:20am and reconvened at 10:43am.


 

Apologies

 

In accordance with the leave of absence granted at the 20 February 2020 Ordinary (Planning) Meeting (resolution 20-001), there was an apology from Cr Spooner.

 

 

Requests for Leave of Absence

 

There were no requests for leave of absence.

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

Cr Coorey declared a pecuniary interest in Report 13.3. The nature of the interest being that she is an employee of the Byron Community College. Cr Coorey elected to leave the Chamber and will not participate in discussion and the vote.

 

Cr Ndiaye declared a non-pecuniary interest in Report 9.3. The nature of the interest being that she has volunteered at the beach and in the river.  Cr Ndiaye elected to remain in the Chamber and will participate in discussion and the vote.

 

 

Tabling of Pecuniary Interest Returns

 

There were no Pecuniary Interest Returns tabled.

 

 

Adoption of Minutes from Previous Meetings

 

20-028

Resolved that the minutes of the Ordinary Meeting held on 12 December 2019 be confirmed.       

                                                                                                                                        (Hunter/Lyon)

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. 13.5       National General Assembly of Local Government 2020

Report No. 13.6       Heritage Advisory Panel - Representatives

Report No. 13.11     Policy Review  - Policies for repeal (part 3)

Report No. 13.12     Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020

Report No. 13.13     Update following sale of birds from The Lighthouse Sculpture

Report No. 13.14     Councillor Representatives to the Cape Byron Headland Reserve Trust Board

 

Sustainable Environment and Economy

Report No. 13.17     Tallow Creek Urgent Dog Management - update on Res 19-602

 

Infrastructure Services

Report No. 13.19     Tender 2019-0037 Repentance Creek Road Causeway Upgrade

Report No. 13.20     Council Resolution 19-322 Update - Brunswick Heads Periodic Parking

Report No. 13.22     Bioenergy Facility Vendor Selection and Future Work Plan

Report No. 13.23     Suffolk Park Pump Track Location

 

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. 20-029 and concluding with Resolution No. 20-057.

 

Cr Coorey left the chamber in accordance with her pecuniary interest in 13.3.

 

 

Submissions and Grants

 

Report No. 11.1           Submissions and Grants Report - February 2020

File No:                        I2020/131

 

20-029

Resolved that Council notes the report and Attachment 1 (E2020/7580) for the Byron Shire Council Submissions and Grants as at 3 February 2020.                                      (Richardson/Lyon)

 

 

Staff Reports - General Manager

 

Report No. 13.1           Lease over road reserve adjoining 27 Marine Parade Byron Bay

File No:                        I2019/2023

 

20-030

Resolved that Council delegate to the General Manager, the authority to grant a new five year lease to Mr Stewart over 118.9m² of road reserve adjoining 27 Marine Parade Byron Bay under the following conditions:

a)      term five (5) years with no holding over or option to renew;

b)      initial rent set at $4,500 (excl. GST)  and increased (not decreased) annually thereafter by CPI (all groups Sydney);

c)      lessee to pay all:

i)        outgoings payable over the leased land,

ii)       maintenance costs, and

iii)      lease preparation costs.

d)      lessee provide a minimum of $20 million public liability insurance coverage.

(Richardson/Lyon)

 

 

 

Report No. 13.2           Lease to Scouts NSW for occupation of the Byron Bay Scout Hall

File No:                        I2019/1876

 

20-031

Resolved:

1.       That Council grant a new ten (10) year lease to The Scout Association of Australia over part of Folio 444/28/758207 known as the Byron Bay Scout Hall for the purpose of a scouting activities.

 

2.       That Council authorise the publication of the new lease to The Scout Association of Australia for a period of 28 days for public comment.

 

3.       That in the event that no comments are received, Council delegate to the General Manager the authority to enter into a new lease referred to in 1 above with the following minimum conditions:

a)    term ten (10) years;

b)    annual rent of $22,600 to be fully subsidised by Council as a section 356 donation;

c)    outgoings of general fixed rates, water and sewerage charges also fully subsidised by a section 356 donation in accordance with Councils Policy section 356 donations – rates, water and sewerage charges;

d)    all lease preparation costs to be met by the Lessor;

e)    the Lessee to pay outgoings of water, sewer and waste management user charges;

f)     general maintenance costs to be met by the Lesser

g)    authorise the Lessee to hire out the Byron Scout Hall, at its discretion (but consistent with the Plan of Management) and annually report to Council on its hiring function.

 

4.       That in the event comments are received from the public exhibition, that a new report be tabled at Council’s April meeting.                                                                  (Richardson/Lyon)

 

 

 

Report No. 13.3           Lease to Byron Region Community College Inc.

File No:                        I2019/1933

Cr Coorey left the chamber in accordance with her earlier declared pecuniary interest in this matter.

 

20-032

Resolved that Council delegate to the General Manager, the authority to enter into a new lease with the Byron Region Community College Incorporated for the purpose of community college and light industrial business incubators under the following minimum conditions:

a)      term ten (10) year plus a ten (10) year option to renew;

b)      annual rent of $155,380 (exclusive GST) be fully subsidised by Council as a section 356 donation;

c)      Lessor outgoings:

i)     Building insurance for full replacement value.

d)      Lessee outgoings:

i)     all fixed Council rates and charges.

ii)    all usage fees and charges for all services connected to the Premises.

iii)    annual fire and pest inspections and controls.

iv    public liability, professional indemnity and contents insurances.

v)    all building maintenance including all internal, external and structural maintenance.

(Richardson/Lyon)

 

 

 

Report No. 13.4           Variation of temporary Byron Farmers Market licence at Cavanbah Centre

File No:                        I2019/2140

 

20-033

Resolved that Council note this Report.                                                                 (Richardson/Lyon)

 

 

Report No. 13.7           Investments - 1 January 2020 to 31 January 2020

File No:                        I2020/113

 

20-034

Resolved that the report listing Council’s investments and overall cash position as at 31 January 2020 be noted.                                                                                                         (Richardson/Lyon)


 

 

Report No. 13.8           Delivery Program 6-monthly Report and 2019/20 Operational Plan Second Quarter Report - Q2 - to 31 December 2019

File No:                        I2020/6

 

20-035

Resolved that Council notes the Delivery Program 6-monthly Report and 2019/20 Operational Plan Second Quarter Report for the period ending 31 December 2019 (Attachment 1 #E2020/8890). (Richardson/Lyon)

 

 

Report No. 13.9           Investments - 1 December 2019 to 31 December 2019

File No:                        I2020/13

 

20-036

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

 

 

Report No. 13.10         Budget Review - 1 October 2019 to 31 December 2019

File No:                        I2020/24

 

20-037

Resolved:

1.       That Council authorises the itemised budget variations as shown in Attachment 2 (#E2020/7284) which include the following results in the 31 December 2019 Quarterly Review of the 2019/2020 Budget:

 

a)      General Fund – $150,000 decrease to the Estimated Unrestricted Cash Result

b)      General Fund - $1,176,700 decrease in reserves

c)      Water Fund - $669,600 decrease in reserves

d)      Sewerage Fund - $220,700 decrease in reserves

 

2.       That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $850,000 for the 2019/2020 financial year as at 31 December 2019           (Richardson/Lyon)

 

 

 

Report No. 13.15         Electricity Contract

File No:                        I2020/194

 

20-038

Resolved that Council delegates to the General Manager, the authority to extend the current Electricity Contract by one year to December 2021.                                             (Richardson/Lyon)

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.16         Compliance Priorities Program Report 2019

File No:                        I2019/2142

 

20-039

Resolved:

1.       That Council note the report on the Compliance Priorities Program 2019.

 

2.       That Council adopt the proposed Compliance Priorities Program for 2020 as provided below:

 

1.       Very High Priorities:

 

1.1    Developments, actions, works, activities or uses that places people’s lives at immediate risk or that cause or are likely to cause a significant risk of environmental harm or pollution;

1.2    Significant environmental and public health incidents;

1.3    Dangerous and/or menacing dogs;

1.4    Livestock on public roads;

1.5    Traffic, parking and unapproved camping activity. Camping enforcement, with an emphasis on environmentally sensitive areas;

1.6    Asbestos containing material (ACM) being illegally dumped on public land (waste compliance).

 

2.       High Priorities 

 

2.1    Unauthorised events, including unapproved dwellings, wedding receptions, parties, 'doof’ and 'rave' parties;

2.2    Responses to complaints about recurring noise disturbance, public nuisance from premises, maintenance of alcohol free zones;

2.3    Uncontrolled dogs and/or cats including those kept on land where Policy or Development consent prohibits it;

2.4    Development without consent, or not in accordance with consent, of the nature of Short Term Holiday Letting.

 

3.       Medium Priorities

 

3.1    Development or activities without consent, or non-compliance with consent, permit or licence conditions where these appear to pose no immediate threat to life, property, public health or the environment;

3.2    Non-compliant signage (07-550, 06-204).

 

4.       Routine Priorities

 

4.1    Companion animals with a high emphasis on high visibility enforcement and public education (15-465);

4.2    Seasonal public health issues and community preparedness including issuing a minimum of two media releases;

4.3    Tourist and visitor accommodation swimming pool safety, including legislative requirements;

4.4    Onsite sewage management systems (including CERC project);

4.5    Food Safety Inspections;

4.6    Awareness of current public health requirements.                     (Richardson/Lyon)

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.18         Belongil Creek Catchment Update

File No:                        I2019/2048

 

20-040

Resolved:

1.       That Council adopt the Draft Belongil Creek Entrance Opening Strategy (Attachment 3 - E2019/76509) and Draft Belongil Creek Issues Study (Attachment 4 - E2019/76510).

 

2.       That Council proceed with a Coastal Management Program for the Belongil Creek and Tallow Creek Catchments.

 

3.       That Council update Council’s 2019/20 Budget and Operational Plan, as below, to support proceeding with the above Coastal Management Program.

 

a)      The $120,000 budget line item in the 2019/20 budget for a ‘Belongil Catchment Management Plan’ be amended to a ‘Belongil Creek and Broken Head to Cape Byron Coastal Management Program’

 

b)      The ‘Belongil Catchment Management Plan’ item within the Operational Plan be amended to ‘Begin stage one (scoping study) of a Coastal Management Program for Belongil Creek and Broken Head to Cape Byron (encompassing Tallow Creek).

 

c)      Apply under the Coastal and Estuary Grants Program for 50% funding for to develop stage one (scoping study) of a Coastal Management Program for Belongil Creek and Broken Head to Cape Byron.

 

d)      Use part of the above $120,000 to fund Council’s 50% share of the Coastal and Estuary Grant.

 

e)      Use part of the above $120,000 to engage a part-time Estuary Officer (2-3 days/wk for 12 months) to project manage the above scoping studies, supervised by Council’s Coastal and Biodiversity Coordinator.                                                  (Richardson/Lyon)

 

 

 

Report No. 13.21         Relocation of Byron Bay Netball Club to Cavanbah Centre and Outdoor court lighting.

File No:                        I2020/114

 

20-041

Resolved:

1.       That Council endorse the relocation of Byron Bay Netball Club from the Byron Recreation Grounds to the Cavanbah Centre.

 

2.       That Council allocate $61,000 through the Open Space (Byron Bay Catchment) developer contributions reserve for the installation of outdoor court lighting at the Cavanbah Centre by reducing the Railway Park project budget by $61,000.                                (Richardson/Lyon)

 

 

 

Report No. 13.24         Tender 2019-0066 Byron Creek Bridge Replacement

File No:                        I2020/139

 

20-042

Resolved:

1.    That Council award Tender 2019-0066 Byron Creek Bridge Replacement to Ark Construction Group for a lump sum of $1,928,411.00 excluding GST.

 

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.

 

3.    That $55,600 be added to the current 2019/2020 Budget of $200,000 with funding provided from the 2017/2018 Special Rate Reserve.                                                    (Richardson/Lyon)

 

 


 

 

 

Reports of Committees - Infrastructure Services

 

Report No. 14.1           Report of the Local Traffic Committee Meeting held on 6 December 2019

File No:                        I2019/2130

 

20-043

Resolved: that Council note the minutes of the Local Traffic Committee Meeting held on 6 December 2019.                                                                                                     (Richardson/Lyon)

 

NOTE: recommendations of the Local Traffic Committee are resolved and recorded on page 24.

 

 

Report No. 14.2           Report of the Transport and Infrastructure Advisory Committee Meeting held on 3 December 2019

File No:                        I2020/51

 

20-044

Resolved that Council note the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 3 December 2019.                                                                        (Richardson/Lyon)

 

20-045

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

Report No. 4.1    Integrated Transport Management Strategy

File No: I2019/1965

 

Committee Recommendation 4.1.1

1.       That Council note the proposed Strategic Outcomes, ‘Focus Areas’, evidence and research information presented by GTA.

 

2.       That TIAC feedback and guidance comments be provided to GTA.

 

3.       That members provide feedback on groups and stakeholders to be consulted during final draft strategy.                                                                                                 (Richardson/Lyon)

 

 

 

Report No. 14.3           Report of the Transport and Infrastructure Advisory Committee Meeting held on 30 January 2020

File No:                        I2020/120

 

20-046

Resolved that Council note the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 30 January 2020.                                                                          (Richardson/Lyon)

 

20-047

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

Report No. 4.1    Road Laser Condition Assessment - process and condition outcomes

File No: I2020/30

 

Committee Recommendation 4.1.1

1.       That Council note the Road Laser Condition Assessment process.

 

2.       That committee continue to receive information about the progress and improvement of the road network as data becomes available and findings be shared with the community.

(Richardson/Lyon)

 

20-048

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

Report No. 4.2    Open Spaces Asset Management Plan Communication Strategy

File No: I2020/31

 

Committee Recommendation 4.2.1

That Council note the draft Communication Strategy for Open Spaces Asset Management Plan (OSAMP).                                                                                                               (Richardson/Lyon)

 

20-049

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

Report No. 4.3    Integrated Transport Management Strategy - Update

File No: I2020/58

 

Committee Recommendation 4.3.1

1.       That TIAC approve two extraordinary TIAC meetings to be held on Tuesday 3 March 2020 and Tuesday 19 May 2020.

 

2.       That Committee receive the draft strategy before 11 February 2020 if possible.

(Richardson/Lyon)

 

20-050

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

Report No. 4.4    Stormwater Assets Management

File No: I2020/83

 

Committee Recommendation 4.4.1

1.       That Council note the report.

 

2.       That a further report regarding prioritisation and funding of shire wide urban stormwater renewals (including relationships to funding of other assets such as sewer and flood mitigation) be presented to the next available meeting of TIAC for consideration.

(Richardson/Lyon)

 

 

 

Report No. 14.4           Report of the Water, Waste and Sewer Advisory Committee Meeting held on 30 January 2020

File No:                        I2020/121

 

20-051

Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 30 January 2020.                                                                          (Richardson/Lyon)

 

20-052

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

Report No. 4.1    Inflow and Infiltration - Sewer Asset Management

File No: I2019/2060

 

Committee Recommendation 4.1.1

That Council:

 

a)      Recognise the high level of deterioration of Mullumbimby's systems for sewage and stormwater, built in the 1940's to 1960's;

 

b)      Support the ongoing projects to appropriately manage sewer assets and support expenditure proposed in this report, plus expenditure required in future budgets;

 

c)      Recognise that this expenditure may only be the beginning, and that on-going assessment and maintenance is required over the life of such systems and that deterioration generally increases over time;

 

d)      Recognise that similar outcomes are likely in other urban areas like Byron Bay and Ocean Shores;

 

e)      Note the Communication Plan to be updated.                                              (Richardson/Lyon)

 

20-053

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

Report No. 4.2    Effects of water mining in Byron and surrounding shires on groundwater resources

File No: I2019/2131

 

Committee Recommendation 4.2.1

That this item to be included in the next Agenda of WWSC.                                  (Richardson/Lyon)

 

20-054

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

Report No. 4.3    Condition 9. Additional Load at Byron STP

File No: I2019/2155

 

Committee Recommendation 4.3.1

1.       That Council note that:

a)    2,408 ETs (i.e.1.42 ML/day) of new development (plus some ETs for secondary dwellings) has been approved for connection to the Byron Bay STP since Condition 9 of Council’s approval of the STP in December 2002;

b)    reuse capacity is currently 3,427 ET (2.02 ML/day); and

c)    Condition 9 is currently satisfied.

 

2.       That staff investigate and recommend a modern day industry method for calculating Average Dry Weather Flow that can be applied consistently across all of Council’s Sewage Treatment Plants.

 

3.       That staff continue to monitor compliance to Condition 9 and report quarterly to WWSAC and Council.

 

4.       This information to be integrated with ongoing reuse strategies.                  (Richardson/Lyon)

 

 

20-055

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

Report No. 4.4    Byron Bay Integrated Water Management Reserve

File No: I2020/53

 

Committee Recommendation 4.4.1

That  Council note the report.                                                                                  (Richardson/Lyon)

 

20-056

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

Report No. 4.5    Nutrient Loading in the Belongil

File No: I2020/56

 

Committee Recommendation 4.5.1

That this item to be included in the next Agenda of WWSC.                                  (Richardson/Lyon)

 

 

 

Report No. 14.5           Report of the Local Traffic Committee Meeting held on 28 January 2020

File No:                        I2020/181

 

20-057

Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 28 January 2020.                                                                                                         (Richardson/Lyon)

 

NOTE: recommendations of the Local Traffic Committee are resolved and recorded on page 25.

 

 

Procedural Motion

20-058

Resolved that Council change the order of business to deal with Reports 9.1, 9.2. 9.3, 9.4, 13.11, 13.17, 13.19, 13.20, and 13.23 next on the Agenda.                                          (Richardson/Coorey)

The motion was put to the vote and declared carried.

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Julian Assange

File No:                                  I2020/17

 

20-059

Resolved that Council:

1.       Notes that WikiLeaks publisher, Julian Assange, was a resident of the Northern Rivers region, spending four years living in Lismore from 1979 to 1983.

 

2.       Notes that Julian Assange is in very poor health and facing extradition from the UK to the US in an unprecedented Espionage Act prosecution for engaging in journalistic activity. If convicted, he faces 175 years imprisonment and potentially the death penalty, therefore needs urgent consular support to help him prepare his defence.

 

3.       Notes that Amnesty International’s Deputy Director for Europe, Massimo Moratti said the UK must not extradite Julian Assange to the USA and that:

a)      “The British authorities must acknowledge the real risks of serious human rights violations Julian Assange would face if sent to the USA and reject the extradition request. The UK must comply with the commitment it’s already made that he would not be sent anywhere he could face torture or other ill-treatment.

b)      “The UK must abide by its obligations under international human rights law that forbids the transfer of individuals to another country where they would face serious human rights violations. Were Julian Assange to be extradited or subjected to any other transfer to the USA, Britain would be in breach of these obligations.”

 

4.       Notes that UN Special Rapporteur on torture, Nils Melzer said:

          “My most urgent concern is that, in the United States, Mr Assange would be exposed to a real risk of serious violations of his human rights, including his freedom of expression, his right to a fair trial and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.”  He also stated, “In 20 years of work with victims of war, violence and political persecution he has never seen a group of democratic States ganging up to deliberately isolate, demonise and abuse a single individual for such a long time and with so little regard for human dignity and the rule of law”.

 

5.       Notes that in a recent interview on RN Breakfast with the leading torture expert, Nils Melzer, he warned that Mr Assange could die in prison before getting his day in court and confirmed that the British government’s handling of the extradition case is in blatant contravention of international Human rights Law.

 

6.       Writes to the Australian Foreign Affairs Minister requesting that the Australian government must immediately step in to ensure the British authorities address his poor health condition and to uphold the Human Rights of an Australian citizen just as they would if Mr Assange was being held in Iran, Egypt, Cambodia or Indonesia. They must not turn a blind eye to the violation of any Australian's human rights, just because it is occurring in the West. The letter should also reference the points made above.

 

7.       Writes to all our local State and Federal representatives asking to either join or support the Bring Assange Home Parliamentary Group, which is currently made up of 11 MPs from across party lines.                                                                                                 (Ndiaye/Lyon)

 

 

Procedural Motion

20-060

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/Lyon) was put to the vote and declared carried.

Cr Hunter voted against the motion.

 

 

 

Notice of Motion No. 9.2     Petria Thomas Swimming Pool in Mullumbimby - Conversion to year round facility

File No:                                  I2020/29

 

20-061

Resolved that Council:

1.       Conduct a feasibility study into converting the Petria Thomas Swimming Pool in Mullumbimby into a year round, solar heated facility that could service the needs of the local and visitor population, by adding a disability access ramp to the existing 50 metre pool, a splash children’s pool and a rehabilitation / hydrotherapy pool, and that the feasibility also consider various water treatment options

 

2.       In assessing feasibility, consider the public health and social benefits of such a facility

 

3.       Research other council areas that have installed similar facilities such as Ballina Shire to see how these types of projects have worked in other similar communities. 

 

4.       Allocate the appropriate budget to conduct this study in the draft 2020/21 budget.

 

5.       Identify potential funding sources including money from Council’s own funds and appropriate grant opportunities and relevant timelines.                                                    (Ndiaye/Cameron)

 

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.3     Positive Change for Marine Life - River Warriors Program

File No:                                  I2020/52

 

20-062

Resolved that Council:

1.       Supports Positive Change for Marine Life in its request for $20,000 to employ a person locally to coordinate their River Warriors Program as part of our overall objective of ‘Bringing Back the Bruns’, creating a healthy river system, supporting our local biodiversity and marine environment.

2.       Allocate funding from within the Resource Recovery Waste Management Strategy Implementation 2019/20 budget.                                                                (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.4     Support for Arts Northern Rivers

File No:                                  I2020/173

 

20-063

Resolved that Council write to Arts Northern Rivers to express our support for their open letter to the Hon Paul Fletcher MP and write to the Minister for Communications, Cyber Safety, and the Arts expressing that support.                                                                                     (Ndiaye/Hackett)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.11         Policy Review  - Policies for repeal (part 3)

File No:                        I2020/66

 

20-064

Resolved:

1.       That the following Policies be repealed based on the comments provided under their headings within this report:

a)      Affordable Housing on Council Owned Land 2009

b)      Interim Policy on Genetically Modified Agriculture in Byron Shire 2001

c)      Positive Ageing Policy 2010

d)      Youth Policy 2010

 

2.       That the Itinerant Food Vendors Policy 1994 be repealed based on its content being included in the current Commercial Use of Road Reserves Policy 2018.

 

3.       That the following Policies be repealed, noting that these principles are included in the Procurement and Purchasing Policy 2017 and Guidelines:

a)      Engagement of Consultants 1998

b)      Engagement of Contractors other than Hired Plant and Haulage 1995

c)      S355 Management Committee Boards: Receipt of Donations Policy 2010

 

4.       That Council, at the next available SPW, discuss ways of considering community expectations of Council around ageing, youth, camphor laurel management, biomass burning and Genetically Modified Organisms in various programs and plans of Council.

 

5.       That the Camphor Laurel Management in Byron Shire 2011 policy be retained until the review of the DCP and other legislative provisions is concluded to show that the areas of exclusion from extensive rural clearing of camphor laurel areas under the policy are replicated elsewhere.                                                                                 (Coorey/Richardson)

 

The motion was put to the vote and declared carried.

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.17         Tallow Creek Urgent Dog Management - update on Res 19-602

File No:                        I2020/100

 

20-065

Resolved:

1.       That Council endorse the following actions for implementation for dog management at Tallow Creek:

a) Council continue regular patrols at Tallow Creek around the Old South Byron STP site and on the sealed pathway from Broken head Rd to Suffolk Park off-leash area on Tallow Beach.

 

b) Council restrict the grassy pathway through the Old South Byron STP site at Tallow Creek to walkers without dogs only. 

 

c) Council allow access through the small track about 50 m along the sealed pathway to provide more direct access for guests with dogs from within the Holiday Park.

 

d) Council consult with Ingenia to consider a ‘dog restriction zone’ of 100 m adjacent the creek to provide protection for birds and wildlife that transit through the area.

 

e) Council to develop and roll out a communications campaign based on positive behavior and compliance messaging. Signage upgrades and updates to be progressed as a priority.

 

f) Council to plan a free community event (Bow Wow! Look at me now!’) for park staff and the broader Suffolk Park community to engage with dog owners, to educate and improve dog behaviours in the community, in a positive way.

 

g) Council to develop a Rewards Program or something similar recognising community members promoting responsible dog behaviour.

 

2.       That Council consider an allocation of funding of $22,000 in the next quarterly review to implement the recommended actions in 1.

3.       That once the recommended actions in 1 have been implemented for a minimum of 9 months a further report be tabled at Council on the results and outcomes of the actions.

(Coorey/Ndiaye)

The motion was put to the vote and declared carried.


 

Staff Reports - Infrastructure Services

 

Report No. 13.19         Tender 2019-0037 Repentance Creek Road Causeway Upgrade

File No:                        I2020/85

 

20-066

Resolved:

1.       That Council award Tender 2019-0037 to Durack Civil for a lump sum of $499,997.00 excluding GST.

 

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.

 

3.       That Council in awarding the contract reallocate $116,300 from Left Bank Road Causeway Renewal budget (GL44283.058) and $11,700 from Investigation of Causeways for Renewal budget (GL44283.040) to increase the project budget to $628,000 for the Repentance Creek Road Causeway Upgrade Project (GL44283.057).

 

4.       That Council prepare a communications plan that includes a letter drop that provides at least two weeks notice to residents of the road closure during the project.

(Cameron/Richardson)

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.20         Council Resolution 19-322 Update - Brunswick Heads Periodic Parking

File No:                        I2020/104

 

 

Moved that Council notes the report and work undertaken to continue until the end of 2020 to progress Council Resolution 19-322.                                                                         (Hunter/Hackett)

 

AMENDMENT

 

20-067

Resolved that Council notes the report and the work undertaken by staff to progress Council Resolution 19-322.                                                                                                  (Richardson/Lyon)

The amendment was put to the vote and declared carried.

Crs Hackett and Hunter voted against the amendment.

 

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

Crs Hackett and Hunter voted against the motion.

 

 

Report No. 13.23         Suffolk Park Pump Track Location

File No:                        I2020/127

 

20-068

Resolved that Council:

1.    Approves the final positioning of the Pump Track at the North West corner, Option 1.

 

2.    Gives consideration within the design and positioning of the pump track to possibly allow other uses including; a half field soccer pitch, possible growth of the community gardens, or other uses and activities as identified by the community through the development of the Masterplan.

 

3.    Develops a Masterplan for the Reserve that is subject to further community consultation and which is reported back to Council for adoption.

 

4.    Allocates a budget of $10,000 from the Open Space Suffolk Park Reserve for the development of the Masterplan.                                                                   (Richardson/Ndiaye)

 

The motion was put to the vote and declared carried.

 

The meeting adjourned at 12:31pm for a lunch break and reconvened at 1:18pm.

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       Supporting Housing above Council Owned Carparks

File No:                                  I2020/180

 

20-069

Resolved that Council:

1.    Support, in principle, facilitating the establishment of diverse, lower cost, and accessible housing on Council owned carparks, without decreasing the current number of available car parking spaces and having regard to the need to avoid negative impact on recent investment in emissions reduction capability.

 

2.    Extend an invitation to housing providers to a preliminary session to ascertain requirements, possibilities and challenges for establishing housing above Council carparks, and that:

 

a)    This session is to be a ‘without prejudice’ discussion prior to any activation of a more formal EOI process;

b)    Council provides for internet based attendance.

 

3.    Prior to this meeting, create a list of possible sites for discussion and consideration.

(Richardson)

 

 

Procedural Motion

20-070

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

(Richardson/Lyon)

The motion was put to the vote and declared carried.

 

The motion (Richardson) was put to the vote and declared carried.

 

 

Petitions

There were no petitions tabled.


 

Delegates' Reports

Delegate's Report No. 1           Liquor Accord Meeting – 26 February 2020

 

Cr Lyon advised:

 

Cr Spooner left the Liquor Accord committee a year or two ago and I managed to get to my first meeting yesterday as it was at a time that I could actually attend. I want to give you a quick update on some of the things that were announced there by the Police.

 

The Tweed Byron district has got the highest drink driving rate in NSW, by a long way; where something like 1 in 90 tests are 0.05 or over, and the next largest is about 1 in 170. So we have got a massive issue that was highlighted there, which I wasn’t aware of just how bad it was.

It is caused by a number of things; obviously, no public transport, low disposable income, the cost of cabs, the time delays with cabs because we have so many people and tourists in town, the general culture here, and the unique circumstance of having so many small towns and villages. I thought it was appropriate to relay those things that I found quite interesting and fascinating, and highlights one of those other good ideas that Cr Hunter was referring to which is the need for a train service.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.5           National General Assembly of Local Government 2020

File No:                        I2019/2064

 

20-071

Resolved:

1.       That Council authorises two Councillors being Councillors Lyon and Ndiaye to attend the 2020 National General Assembly of Local Government to be held at the National Convention Centre in Canberra from 14 to 17 June 2020 and nominates Cr Ndiaye as the voting delegate.

 

2.       That Council considers endorsement of any motions for submission to the National General Assembly, at its Ordinary meeting scheduled for Thursday, 26 March 2020, to meet the lodgement deadline with ALGA of Friday, 27 March 2020.                                 (Lyon/Ndiaye)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.6           Heritage Advisory Panel - Representatives

File No:                        I2020/4

 

20-072

Resolved:

1.       That Council accept the resignations of Robyn Wright and Robert Sampimon from the Heritage Advisory Panel and provide a letter of thanks.

 

2.       That Council appoint Vivienne Gorec (Bangalow Historical Society), Caroline Lloyd, and Gae Laverty to the Heritage Advisory Panel.

 

3.       That Council thank all nominees for their interest and time in submitting an Expression of Interest.

 

4.       That Cr Hackett replace Cr Hunter as a Councillor representative on the Heritage Advisory Panel.                                                                                                            (Cameron/Coorey)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.12         Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020

File No:                        I2019/1896

 

20-073

Resolved:

1.       That Council notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2020/8745).

 

2.       That Council notes the completed Resolutions in Attachment 2 (#E2020/8716).

(Cameron/Richardson)

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.13         Update following sale of birds from The Lighthouse Sculpture

File No:                        I2020/112

 

 

Moved that, in response to motion 19-339 carried 27 June 2019 to source funding < $100.000 for a full arts and cultural planning exercise, Council direct all funds generated from arts engagement in the Shire towards Arts and Cultural Policy development and strategic planning in the sector:

1.    $26,948 from the sale of the birds from the decommissioned Lighthouse sculpture

2.    $57,000 currently provided by Council for the coordination of the Lone Goat Gallery yet mooted for repurposing in the Budget review (13.10, pp285).                           (Hackett/Hunter)

 

 

Procedural Motion

20-074

Resolved that Cr Hackett be granted a one minute extension to her speech. (Richardson/Coorey)

The motion was put to the vote and declared carried.

 

AMENDMENT

20-075

Resolved that after deducting expenses, Council divides the remaining funds from the sale evenly between the development of an arts and cultural policy ($13,474) and projects working to reduce homelessness ($13,474).                                                                                        (Richardson/Lyon)

 

The amendment was put to the vote and declared carried.

Crs Cameron, Hackett, and Hunter voted against the amendment.

 

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

Cr Hackett voted against the motion.


 

 

Report No. 13.14         Councillor Representatives to the Cape Byron Headland Reserve Trust Board

File No:                        I2020/186

 

20-076

Resolved:

1.       That Council nominates three Councillors, Cr Coorey, Cr Lyon, and Cr Cameron for consideration by the National Parks & Wildlife Service for the appointment of one Councillor to all three Committees - Arakwal National Park Management Committee, the Byron Coast Area Management Committee and the Cape Byron Trust.

 

2.       That nomination forms, completed by the three nominated Councillors, be provided to the General Manager along with CVs by 18 March 2020 in order for staff to collate and forward on to the National Parks & Wildlife Service.

 

3.       That Council ask the National Parks & Wildlife to consider making appointments of multiple Councillors to the three committees and further that consideration be given for an alternate representative to be appointed.                                                                         (Lyon/Cameron)

 

The motion was put to the vote and declared carried.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.22         Bioenergy Facility Vendor Selection and Future Work Plan

File No:                        I2020/125

 

20-077

Resolved:

1.       That Council endorse the selection of the preferred vendor for the next stages of design of the Byron Shire Bioenergy Facility project, as recommended in the Design Evaluation Report prepared by the Council Evaluation Panel.

 

2.       That Council authorise the General Manager to negotiate contract variations with the preferred vendor.  Subject to successful negotiations, that Council make public its selection of a preferred vendor.

 

3.       That Council authorise the General Manager to proceed with other forward-work plans to advance the planning and design of the Bioenergy Facility project.

 

4.       That the current budget be increased by $147,000 to $865,600 from the Sewer Fund Capital Works Reserve in order to finance the forward-work plans until end of FY2020.

(Ndiaye/Coorey)

The motion was put to the vote and declared carried.

 


 

Reports OF COMMITTEES - Infrastructure Services

The following items are continued from Report 14.1 Report of the Local Traffic Committee Meeting held on 6 December 2019.

 

Report No. 14.1           Report of the Local Traffic Committee Meeting held on 6 December 2019

File No:                        I2019/2130

 

 

20-078

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

Report No. 6.1    Events- Bangalow Christmas Eve 2019 -  Byron St Road Closure

File No: I2019/2015

 

Committee Recommendation 6.1.1

1.       That Council approve the Bangalow Christmas Eve Carnival 2019 to be held Tuesday 24 December 2019, that includes the temporary road closure below:

a)      Byron Street, Bangalow between Ashton Street and Granuaille Road, between 3:30pm and 10:00pm.

 

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

a)      A Traffic Management Plan and Traffic Control Plans be developed and implemented by those with appropriate RMS accreditation;

b)      Separate approvals by NSW Police being obtained, noting that the traffic control plan is partially located on a state road;

c)      That the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

d)      The event organiser provide event detail so it can be notified on Council’s webpage;

 

3.       The event organiser:

a)      undertake consultation with community and affected businesses including adequate response/action to any raised concerns;

b)      undertake consultation with emergency services and address any identified issues;

c)      hold $20m public liability insurance cover which is valid for the event;

d)      pay Council’s Road Event Application Fee prior to the event.            (Richardson/Lyon)

 

20-079

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

Report No. 6.2    Byron Youth Activity Centre - Parking Regulation

File No: I2019/2016

 

Committee Recommendation 6.2.1

1.       That Council support the proposed modifications to the Byron Bay Parking Scheme in the area immediately adjacent to the Youth Activity Centre (YAC) and Sandhills Child Care Centre.  These modifications are to be in accordance with Figure 4, as shown in the body of this report. These modifications are to include:-

 

a)      Expand the Restricted Parking Area to include the car parking area adjacent to the YAC,

b)      Introduce a No Parking Area 7pm-7am over the Restricted Parking Area,

c)      Introduce Yellow No Stopping lines in key locations to prevent parking along the eastern side of the road and the dead end,

 

2.       That the approval provided in Part 1 is subject to Crown Land approval.     (Richardson/Lyon)

 

20-080

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

Report No. 6.3    Seven Mile Beach Road - No Parking Area Amendments

File No: I2019/2018

 

Committee Recommendation 6.3.1

That Council’s decision to approve the establishment of No Parking Area 9pm – 5am over the full length of Seven Mile Beach Road is supported by LTC.                                        (Richardson/Lyon)

 

20-081

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

Report No. 6.4    Mobility Parking - 108 Jonson Street, Byron Bay

File No: I2019/2037

 

Moved 6.4.1

That Council:

 

1.       Approves the installation of up to 2 accessible on-street car spaces in front of 108 Jonson Street, Byron Bay.

 

2.       Approves the adoption of either Option 1 (E2019/88797) or Option 2 (E2019/89041) subject to the installation of appropriate regulatory signs and line markings and accessibility spaces in accordance with Australian Standards.                                                    (Richardson/Lyon)

 

The following items are continued from Report 14.5 Report of the Local Traffic Committee Meeting held on 28 January 2020.

 

Report No. 14.5           Report of the Local Traffic Committee Meeting held on 28 January 2020

File No:                        I2020/181

 

20-082

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

Report No. 6.1    Give Way Sign and Linemarking - McGettigans Lane and Ewingsdale Rd, Byron Bay

File No: I2019/2057

 

Committee Recommendation 6.1.1

That Council support the installation of a Give Way sign and line marking at the intersection of McGettigans Lane and Ewingsdale Road subject to the signage and linemarking being designed and installed in accordance with AS1742.2 and Austroads Guide to Traffic Management Part 10 requirements.                                                                                                          (Richardson/Lyon)

 

 

20-083

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

Report No. 6.2    Events - Byron Bay Triathlon 2020 - Traffic Management

File No: I2019/2149

 

Committee Recommendation 6.2.1

1.       That council endorse the Byron Bay Triathlon to be held on Saturday 9th May 2020, subject to satisfactory appraisal of the conditions in recommendation no. 2, and  includes the temporary road closures below:

·        Bay Street (from Fletcher St to Middleton St) 5am to 5pm

·        Middleton St (from Bay St to Marvel St) 5am to 3pm

·        Lawson St (from Fletcher St to Massinger St) 5am to 5pm

·        Marvell St (from Middleton St to Tennyson St) 10:30am to 3pm

·        Tennyson St (Marvel St to Browning St) 10:30am to 3pm

·        Bangalow Rd (from Browning St to Old Bangalow Rd) 11:30am to 3pm

·        Broken Head Rd (Old Bangalow Rd to Beech Dr) 11:30am to 3pm

 

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

a)      Separate approvals by NSW Police and TfNSW being obtained, as required;

b)      The development of a Traffic Management Plan and Traffic Control Plans for the 2020 event by those with relevant and current TfNSW accreditation. The TMP and TCP must go back to the LTC for approval at the 10 March 2020 LTC meeting.

c)      The Traffic Control Plan being implemented by those with relevant and current TfNSW accreditation;

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 within road closure zones) 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, taxi and waste 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 Road Event Application Fee prior to the event.

(Richardson/Lyon)

 

20-084

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

Report No. 6.3    Events - Mullum2Bruns Paddle 2020

File No: I2020/43

 

Committee Recommendation 6.3.1

1.       That Council endorse the  Mullum2Bruns Paddle 2020 to be held Sunday 24 May 2020, that includes the temporary road closure below:

 

          Brunswick Terrace, Mullumbimby, between Tincogan Street and Tyagarah Street (to become one-way traffic), between 06:30am and 10:00am on Sunday 24 May 2020.

 

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

a)      the development of a Traffic Management Plan and Traffic Control Plan(s) for the 2020 event by those with relevant and current TfNSW accreditation;

b)      the Traffic Control Plan being implemented by those with relevant and current TfNSW accreditation;

c)      that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

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

e)      the event organiser:

i)        undertake consultation with community and affected businesses including adequate response/action to any raised concerns;

ii)       undertake consultation with emergency services and any identified issues addressed;

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

iv)      paying Council’s Road Event Application Fee prior to the event.

v)      Undertake a debrief within two weeks of the event involving event staff, Police (if they had incidents) and traffic controllers. A debrief report is to be submitted to Council with any future event application.                              (Richardson/Lyon)

 

20-085

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

Report No. 6.4    Events - Byron Coast Charity Walk 30 May 2020

File No: I2020/45

 

Committee Recommendation 6.4.1

1.       That Council support the Westpac Life Saver Rescue Helicopter fundraiser, Byron Coast Charity Walk, to be held Saturday 30 May 2020.

 

2.       That Council support in Part 1 is subject to:

a)      The development of a Traffic Management Plan and Traffic Control Plan(s) for the 2020 event by those with relevant and current TfNSW accreditation. The Traffic Control Plan(s) and Traffic Management Plan is to include, but is not limited to, the following:

b)      signage, which specifies the date, hours and nature of the event, be positioned at the entrance and exit of Seven Mile Beach Road one week prior to the event;

c)      on the day of the event, at 500m intervals, and facing both directions of travel, signs advising of “ Special Event – Charity Walk Ahead” (or similar) are installed prior, and removed after, the event occurs; and

d)      a safety induction for participants advising of hazards be provided.

e)      Implementation of the Traffic Management Plan and Traffic Control Plans as designed by those with appropriate accreditation and implemented by people with appropriate accreditation, including traffic controllers.

f)       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.

g)      The event is notified on Council’s webpage.

h)      The event organiser:

i)        Undertake consultation with affected community and businesses including adequate response/action to any raised concerns.

ii)       Undertake consultation with emergency services and any identified issues addressed.

iii)      Holding $20m public liability insurance cover which is valid for the event.

iv)      Paying Council’s Road Event Application Fee prior to the event.

(Richardson/Lyon)

 

20-086

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

Report No. 7.1    Festival of the Stone 2020-2022 Assessment Officer Ben Grant/ Renan Solatan

File No: I2020/2

 

Committee Recommendation 7.1.1

1.       That Council endorse the Festival of the Stone to be held on Saturday 6 June 2020, in accordance with the Local Traffic Committee recommendations.

 

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

a)      Separate approvals by NSW Police and TfNSW being obtained, as required;

b)      The development of a Traffic Management Plan and Traffic Control Plan(s) the event by those with relevant and current TfNSW accreditation;

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

d)      The Traffic Management Plan and Traffic Control Plans are to include the following amendments:

i)        All parking and vehicular drop-off including shuttle bus, taxi, Uber & other mode of transportation for the event shall utilise the Cavanbah Centre. The car parking area in Cavanbah Centre must be maintained during the event and returned to pre-festival conditions. Any damage to the car parking area shall be repaired immediately and all cost shall be borne by the consent holder;

ii)       Drop-off & Pick-up of elderly and people with disability shall be undertaken at the existing northern access of the site and assisted with event personnel; and

iii)      No drop-off & pick-up permitted along Centennial Circuit other than elderly and people with disability

iv)      Entry into the event is to be via Ewingsdale Road and Bayshore Drive/Centennial Circuit (north intersection)

v)      Exit from the event site is to be via Bayshore Drive/Centennial Circuit (north intersection)

vi)      Entry/Exit via Cavanbah Centre

e)      The event is notified on Council’s webpage.

f)       The event organiser:

i)        Holding $20m public liability insurance cover which is valid for the event.

ii)       Undertaking consultation with emergency services and any identified issues addressed.

iii)      Undertaking consultation with community and affected businesses including adequate response/action to any raised concerns.

iv)      Paying Council’s Road Event Application Fee prior to each event.

g)      Development approval conditions of consent                                      (Richardson/Lyon)

 

 

 

 

 

There being no further business the meeting concluded at 3:00pm.

 

 

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

as confirmed at Council’s Ordinary Meeting on 26 March 2020.

….…………………………

Mayor Simon Richardson