Minutes of Ordinary Meeting

Staff Reports - Infrastructure Services

Report No. 13.12 Butler Street Sound Wall Options

File No: I2020/239

Resolved that the colour palette for the sound wall being constructed on the new section of Butler Street, Byron Bay be endorsed as Option 5 – Wetland Palette Combined. (Richardson/Ndiaye)

Reports of Committees - Sustainable Environment and Economy

Report No. 14.2 Report of the Biodiversity Advisory Committee Meeting held on 11 November 2019

File No: I2020/36

20-119

Resolved that Council note the minutes of the Biodiversity Advisory Committee Meeting held on 11 November 2019. (Richardson/Ndiaye)

20-120

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

Report No. 4.3 Brunswick Valley Landcare Support Officer report September 2019

File No: I2019/1817

Committee Recommendation 4.3.1

1. That the Biodiversity Advisory Committee note the report.

2. That Council staff investigate and update the Committee about approvals and resources required to remove taro infestation from Saltwater Creek, and follow up with Tamara Smith’s office regarding funding. (Richardson/Ndiaye)

Report No. 14.3 Report of the Biodiversity Advisory Committee Meeting held on 10 February 2020

File No: I2020/338

20-121

Resolved that Council note the minutes of the Biodiversity Advisory Committee Meeting held on 10 February 2020. (Richardson/Ndiaye)

20-122

Resolved:

Report No. 4.3 Minutes of previous meeting held 11 November 2019

File No: I2020/40

Committee Recommendation:

1. That the Biodiversity Advisory Committee note the minutes of the 11 November 2019 meeting.

2. The Biodiversity Advisory Committee recommend that staff liaise with local universities and landholders to find out what research and information pertaining to the Mitchell Rainforest Snail exists and how we can work together. (Richardson/Ndiaye)

Procedural Motion

20-123

Resolved that Council change the order of business to deal with Reports 9.4, 13.2, 13.7, 13.13 next on the Agenda. (Richardson/Cameron)

The motion was put to the vote and declared carried.

Mayoral Minute

No. 8.1 Mayoral Minute - COVID-19 Pandemic Response

File No: I2020/460

20-124

Resolved that Council:

1. In regards to Public Safety and Health:

a) Adopts a ‘Byron Stay Home’ campaign in response to the current COVID-19 pandemic. This campaign to inform council’s decision-making, services and activities. The hashtag #ByronStayHome (or something similar) to be used in all Council public announcements and promoted through social media platforms.

b) Establishes a 3 month ban on the use of public spaces for busking or other activity within the definition, including: tarot cards and palm readers, fortune readers, or the display or demonstration of items, particularly multiples of items, with an implication that they are available for sale or otherwise in exchange for money.

c) Closes the Main Beach and Clarkes Beach carparks for 3 months.

d) Promotes effective social distancing practises particularly in common use spaces such as Apex park and if this fails to occur, provide delegated authority to close these spaces to the public.

e) Calls upon the Premier of NSW to reciprocate the closure of the QLD-NSW border to stem the influx of those from Queensland visiting Byron Shire.

f) Acknowledges and educates the community as to the delineating authority regarding enforcing social distancing.

g) Establishes and installs clear signage promoting effective social distancing.

h) Calls upon the Premiers of NSW and QLD to stop the use of long distance bus services to minimise the migration of people from cities to regional areas

i) That Council’s Environmental Health Officers continue to guide and support food and grocery outlets in implementing all recommended COVID-19 hygiene strategies

2. In regards to Council operations:

a) Suspends footpath dining and therefore, suspend footpath dining fees for 3 months and review after that time.

b) Closes all halls and sporting centres for 3 months

c) Decreases opening hours of the customer service front desk and investigates ways to provide on-line services which meet the needs of the community and other alternative methods of fulfilling the traditional duties carried out at the front desk.

d) Reviews the current fees and charges to the Byron Bay Community Centre for the management and operation of the homeless shower and services provided at the Girl Guides Hall.

3. In regards to the Visitor Economy

a) Acknowledges the dramatic impact of COVID 19 on the Visitor Economy, by far the largest economic driver and employer in Byron Shire, with traditional occupancy rates of 80-90% over the Easter and April period set to drop to approximately 20%.

b) Writes to owners of backpacker hostels supporting the instructions by police for ensuring information on COVID 19 is readily shared and social gatherings are minimised and social distancing actively practised.

c) Supports the swift transition of backpacker workers currently in Byron Shire to agriculture areas for much needed seasonal employment and that Council’s Sustainable Agricultural Officer explore opportunities to connect backpackers seeking work with farmers seeking workers

d) Notes with great concern and disappointment the recent promotion of Byron Shire as an attractive place to ‘self isolate’ by Air Bnb and other STHL properties and seek the support from Air BnB and Stayz and other platforms to remove this promotional messaging. That this concern also be conveyed to the Federal and NSW Ministers of Tourism.

e) Support the Federal Government recommendation to not travel for non essential reasons as Byron Shire does not need nor wish to receive visitors at this time

4. In regards to supporting the wider resilience of the community:

a) Supports the expansion of current regular farmers markets to other days and the establishment of new food share/market/swap activities if requested.

b) Notes the current draft Byron Shire Community Gardens policy soon to be placed on public exhibition also include the calling for expressions of interest proposals for the establishment of new community gardens.

c) Notes the current lack of delivery services of supermarket and other items and seeks staff to review opportunities for our staff to provide delivery services to our most vulnerable.

d) Supports the use of certain locations (on council owned and or managed land) for class 2 mobile vendors to operate weekly subject to a formal booking through council. Some possible locations that have been identified for consideration

in the Commercial Activities on Road Reserves Policy are as follows:

- Wategos Beach (1 location);

- Dening Park (1 location); and

- Brunswick Heads (2 locations).

5. To support individuals and businesses who may be experiencing hardship as a result of the COVID-19 pandemic:

a) Promote Council’s Debt Management and Financial Hardship Assistance Policy and support people who are having difficulty paying to make payment arrangements under this policy;

b) Amend the Debt Management and Financial Hardship Assistance Policy to include application to businesses within Byron Shire for the duration of the COVID-19 pandemic;

c) Encourage cashless payment methods by suspending relevant merchant surcharge;

d) Waive the hall booking cancellation fee and provide full refunds to local groups and local businesses who cancel for the duration of the pandemic;

e) Explore the feasibility of a ‘freeze’ of fees and charges for next financial year.

6. In light of the fact that many parents have elected to keep their children home during the COVID-19 pandemic and are still being charged fees:

a) That all families currently enrolled in Council’s Children’s Services including long day care services and Outside of School Hour Care Service (OSHC) be granted a 50% reduction in gap fees for services effective from 23 March 2020 for a 1 month period, regardless of whether their child/ren is attending.

b) This arrangement be reviewed at the end of the month period with an opportunity to be extended

c) That children services staff support families experiencing financial hardship to access government provisions

7. Adopts the standards continued in the LGNSW Joint Statement (Revised): Responding to the Coronavirus (COVID-19 Pandemic) that provides guidance to Local Government employers and employees on how to respond to the COVID-19 pandemic. (Richardson)

The motion was put to the vote and declared carried.

Procedural MotionS

20-125

Resolved that Council move into Committee to allow for free debate. (Spooner/Ndiaye)

The motion was put to the vote and declared carried.

20-126

Resolved that Council move out of Committee and resume the Ordinary Meeting.

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

The meeting adjourned at 10:20am for a break and reconvened at 11:06am.

Notices of Motion

Notice of Motion No. 9.4 Mullumbimby-Byron Bay Rail Link

File No: I2020/407

20-127

Resolved that Council:

1. Commence planning for a rail link connecting Mullumbimby and Byron Bay as part of a multi use activation of the rail corridor.

2. Incorporate the project as a key element of the draft Integrated Transport Strategy, which is supported by Park and Ride and other measures to promote active and public transport development within the Strategy.

3. Prepare an economic and social business plan including development of a governance framework to support the project.

4. Provide notice of the intention to establish a rail link to Infrastructure Australia, Infrastructure NSW, TfNSW and other relevant agencies to seek advice on funding criteria and project development.

5. Investigate Federal, NSW and other funding bodies to identify funding sources including, but not limited to tourism, infrastructure, transport and climate change mitigation/adaption grants with a priority focus on funding vegetation removal within the rail corridor.

6. Actively seek expressions of interest from potential operators interested in providing commuter shuttle and visitor oriented services.

7. Seek support including funding through Federal and NSW Ministers for Transport, Hon. Tamara Smith MP, Hon. Ben Franklin MLC and Hon. Justine Elliot MP.

8. Receive six monthly reports on progress.

9. The business plan be included in the 20/21 Operational Plan, forward Delivery Plans and draft budget.

10. Item 2 above be funded from the existing Integrated Transport Strategy budget.

11. Implement Actions 4, 5, 7 and 8 immediately and include as part of a rail link project in the 20/21 Operational Plan and forward Delivery Plans that includes item 6 above as an action as well as consideration of a budget for project management. (Cameron/Richardson)

The motion was put to the vote and declared carried.

Crs Spooner and Hunter voted against the motion.

Procedural MotionS

20-128

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.

20-129

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

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

20-130

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

The motion was put to the vote and declared carried.

Staff Reports - General Manager

Report No. 13.2 Sandhills Skate Park and Recreation Hub

File No: I2020/187

20-131

Resolved:

1. That Council endorse the concept plans identified for Sandhills Estate Skate Park and Recreation Hub (Attachment 1 – E2020/10834) ensuring noise attenuation, light spillage mitigation and crime prevention through environmental design principles are included in the designs.

2. That Council proceed to detailed design for Stage 1 works with a further report at design completion and prior to construction and continue to consult the immediate neighbours and other stakeholders during this process. (Spooner/Richardson)

The motion was put to the vote and declared carried.

Staff Reports - Corporate and Community Services

Report No. 13.7 Proposed establishment of homelessness hub

File No: I2020/98

20-132

Resolved:

1. That Council:

a) terminates its lease with the current tenant of 18 Fletcher St for the purpose of establishing a homelessness services hub, and

b) seeks expressions of interest from potential homelessness hub anchor tenants to establish a 3 year lease with the option of a 2 year renewal period.

2. That Council uses the legislated minimum Crown lease amount, currently $539 per annum, to guide the lease amount for 18 Fletcher St.

3. That the forgone rental revenue from 18 Fletcher St be covered either:

a) via a dividend or community service obligation contribution by the Water Fund on annual basis; OR

b) be identified from General Fund revenue in the community services area on an annual basis. (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Staff Reports - Infrastructure Services

Report No. 13.13 Byron Bay Bypass - Environmental Compensation Options over and above project requirements

File No: I2020/336

20-133

Resolved:

1. That Council complete bush regeneration works on the Sunrise Boulevard Bushland, Butler Street Reserve Bushland and Midgen Swamp sites with proposed funding of $81,700 in the 2020/21 budget.

2. That the cost of these environmental compensation works be factored into Council’s Long Term Financial Plan as indicated in the report over the next five financial years.

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Notices of Motion

Notice of Motion No. 9.1 Managing Wildlife and Cats

File No: I2020/398

20-134

Resolved:

1. That Council develops a campaign for responsible cat ownership that:

a) Promotes the protection of the Shire’s biodiversity;

b) Promotes keeping cats contained on owners’ properties; and

c) Works with cat owners to provide information about the benefits of keeping cats at home for their own safety and the safety of native wildlife.

d) Promotes a voluntary night time cat curfew in our community.

2. That Council writes to the Minister for Local Government, advocating for the Companion Animals Act to be amended to include measures that cats be treated the same as dogs, with cat owners being required to keep their animals under their control in public places.

(Coorey/Ndiaye)

The motion was put to the vote and declared carried.

Procedural Motion

20-135

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

The motion was put to the vote and declared carried.

Notice of Motion No. 9.2 Stop Logging Forests in NSW

File No: I2020/399

20-136

Resolved that Council:

1. Promotes the protection of the Shire’s biodiversity.

2. Acknowledges the expert advice that koalas in NSW suffered extreme population losses in the 2019/2020 bushfires.

3 Writes to the Energy and Environment Minister, Matt Kean, and Minister for Primary Industry, John Barilaro:

a) asserting the urgency of protecting core koala habitat from threats such as logging and development; and

b) requesting that all logging in NSW native forests cease; and

c) urging them to acknowledge scientific expert advice that ‘wood salvage’ operations in native forests after bushfires causes further damage; and

d) urging them to cease these operations; and

4. Circulates the letter in (3) to Tamara Smith, MP for Ballina, and Justine Elliott, Member for Richmond. (Coorey/Ndiaye)

The motion was put to the vote and declared carried.

Cr Hunter voted against the motion.

Notice of Motion No. 9.3 Review of Disability Parking

File No: I2020/406

20-137

Resolved that Council review disability parking arrangements in the CBD and report back as soon as possible on whether:

a) an adequate supply exists to meet demand across all parts of the CBD; and

b) appropriate footpath access exists from the spaces in these locations

(Spooner/Richardson)

The motion was put to the vote and declared carried.

Petitions

Petition No. 10.1 Provide Working Drainage Systems for Weeronga Way Ocean Shores

File No: I2020/333

20-138

Resolved:

1. That the petition regarding poor drainage on Weeronga Way, Ocean Shores be noted.

2. That the petition be referred to the Director Infrastructure Services. (Richardson/Hunter)

The motion was put to the vote and declared carried.

Petition No. 10.2 Safety Measures and Access for Residents who live along and adjacent to Bangalow Road Byron Bay

File No: I2020/334

20-139

Resolved:

1. That the petition regarding pedestrian crossing at the Browning Street / Bangalow Road roundabout be noted.

2. That the petition be referred to the Director Infrastructure Services. (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Delegates' Reports

There were no delegates reports.

Staff Reports - General Manager

Report No. 13.4 Agreement for lease - Council and TAFE NSW

File No: I2020/408

20-140

Resolved that Council defer consideration of the attached agreement for lease (E2020/17631) between Council and TAFE NSW until the next available meeting of Council to enable the presentation and endorsement of the Design Blueprint for the possible uses on Lot 12 as initiated from the Enquiry by Design for the Arts and Industrial Estate in concert. (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

The meeting adjourned at 12:30pm for a lunch break and reconvened at 1:25pm.

Staff Reports - Corporate and Community Services

Report No. 13.5 Section 355 Management Committee matters

File No: I2020/110

20-141

Resolved:

1. That the resignation of Linda Iacopetta from Suffolk Park Community Hall Management Committee be accepted and a letter of thanks provided.

2. That the nominee in the confidential attachment (E2020/12608) be appointed to the Suffolk Park Community Hall Management Committee.

3. That the resignation of Troy Delaney from Bangalow Parks (Showground) Management Committee be accepted and a letter of thanks provided.

4. That the resignation of Donald Recsei from Marvell Hall Management Committee be accepted and a letter of thanks provided.

5. That land owner’s consent be provided for the Cart with Heart to operate at Ocean Shores Community Centre for a period of up to 6 months as a trial.

6. That hire fees be waived for the Cart with Heart to operate at Ocean Shores Community Centre up to twice per month for a period of up to 6 months as a trial. (Ndiaye/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.6 Australia Day 2020 Review and Future Planning

File No: I2020/103

20-142

Resolved:

1. That Council notes the report on Australia Day 2020 activities.

2. That Council participates in the Australia Day Council Ambassador Program for 2021 and supports Australia Day activities on the same basis as for 2020, incorporating the recommended improvements. (Hunter/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.10 New Year's Eve Review

File No: I2020/396

20-143

Resolved:

1. That Council considers a budget allocation for 2020/2021 of up to $150,800 for the full delivery of a New Year’s Eve event.

2. That Council negotiates the terms and conditions of the partnership agreement with Byron Bay Community Centre to reflect an evidence based approach.

3. That Council conducts an expression of interest process to engage a delivery partner for New Year’s Eve events commencing in 2021/2022. (Hunter/Ndiaye)

The motion was put to the vote and declared carried.

Staff Reports - Sustainable Environment and Economy

Report No. 13.11 Policy Review - Community Gardens Policy and Introduction of Guidelines

File No: I2020/210

20-144

Resolved:

1. That Council publicly exhibits the draft 2020 Byron Shire Community Gardens Policy (Attachment 1 E2020/10671) for a period of 28 days accompanied by the Byron Shire Community Gardens Guidelines 2020-2025 (Attachment 2 E2020/15041).

2. That any submissions received on the draft 2020 Byron Shire Community Gardens Policy (Attachment 1 E2020/10671) be reported to Council for consideration, prior to the adoption of the draft Policy; and if no submissions are received, Council adopts the policy.

(Richardson/Martin)

The motion was put to the vote and declared carried.

Staff Reports - Infrastructure Services

Report No. 13.14 Adoption of Water Sensitive Urban Design Policy and Strategy

File No: I2020/375

20-145

Resolved:

1. That Council adopt the Byron Shire Council Water Sensitive Urban Design Policy and Strategy (E2019/59813).

2. That staff prepare an action plan to deliver future works from the strategy within the Operational Plan and Budget process for 2020/21 and onwards (Coorey/Cameron)

The motion was put to the vote and declared carried.

Reports of Committees - Corporate and Community Services

Report No. 14.1 Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 9 March 2020

File No: I2020/404

20-146

Resolved that Council notes the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 9 March 2020. (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

20-147

Resolved that Council adopts the following Recommendation:

Report No. 4.1 Arakwal MoU Implementation Plan 2019-2021

File No: I2020/22

Recommendation 4.1.1

1. That the Arakwal (MoU) Advisory Committee recommends that Council adopts the Draft 2019-2021 Arakwal MoU Implementation Plan as amended at the meeting (new document E2020/16984).

2. That the Arakwal (MoU) sub committee continues to meet monthly to advance the projects within the implementation plan.

3. That Council liaise with Arakwal and where possible, provide assistance to help support our local indigenous community during the current pandemic health crisis.

(Ndiaye/Richardson)

The motion was put to the vote and declared carried.

There being no further business the meeting concluded at 1:45pm.

Report No and Title		For/Against	Name	Representing Organisation	Presentation format
9.4	Mullumbimby-Byron Bay Railway Link	For	Lydia Kindred	Trains on our Tracks and Northern Rivers Action Group	Read by Director Corporate and Community Services
9.4	Mullumbimby-Byron Bay Railway Link	For	John Anderson		In person
13.2	Proposed Skate Park and Recreation Hub	Against	Cathryn Mooney		In person
13.7	Proposed establishment of homelessness hub	For	Lousie O’Connell	Byron Community Centre Association	Read by Director Corporate and Community Services
13.13	Byron Bay Bypass - Environmental Compensation Options over and above project requirements	Against	John Anderson		In person

Subject	Name	Representing Organisation	Presentation format
COVID-19 – provisions for staff of Byron Shire Council during pandemic	Asren Pugh		Read by Director Corporate and Community Services