Ordinary Meeting Minutes
23 April 2020
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 23 April 2020 COMMENCING
AT 9:15AM AND
CONCLUDING AT 10:50AM
I2020/581
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr M Lyon, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (General Manager)
Vanessa
Adams (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
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:
Public Access
|
Report No and Title
|
For/Against
|
Name
|
Representing Organisation
|
Submission Received
|
|
13.4
|
Outcome of Butler
Street site investigations
|
For
|
Darryl Henniker
|
|
via webinar
|
|
13.5
|
Council Delegations
& Emergency Decision-Making During COVID-19 Crisis
|
Against
|
John Anderson
|
|
Written speech read aloud by staff
|
Submissions
|
Report No and Title
|
Name
|
Representing Organisation
|
Submission Received
|
|
Intended coronation
|
John Anderson
|
|
Photograph displayed by Mayor
|
Question
No. 1 – Mitchell Rainforest Snail Discovery
Jan Barham asked the following question (written question
read aloud by staff):
Can council clarify:
a)
if the relocation area for the 140 Mitchell Rainforest Snails found in the
bypass footprint will be protected in perpetuity and if not, why not and
b) what
the monitoring and reporting requirements are in relation to the success of the
relocation?
The Director of Infrastructure Services took the question
on notice and advised that Council will be distributing some facts about what
we are doing.
Question
No. 2 – Question to the Mayor
John Anderson asked the following question (written question
read aloud by staff):
Given the doubt you expressed during the debate over the
Coopers Lane dual occupancy last week (such as “…I am completely
ambivalent…I am very uneasy in all of it…I am not too sure how
intractable it is…I’m a bit lost on this…I’m really
struggling to see that…” 11:55) and given that this was the fourth
time the matter had gone before Council, and given furthermore that it is the
express responsibility of staff to convey relevant and understandable
information on which Councillors are to base their decisions, why didn’t
you demand that staff clarify their reasoning and the relevant rules rather
than finally giving in to their wishes, as you all often do.
The Mayor provided the following response:
I feel very comfortable with the staff report and thought
it was very clear. I presume the writer was speaking about perhaps the previous
meeting when there did seem to be such ambiguity between what locals were
saying and what the RFS were saying. I am certainly very clear on all of it
now, now that the RFS have been far more unequivocal with supporting their own
original recommendations. So I won’t accept the idea that I don’t
understand the information or that staff didn’t provide clear
information.
Apologies
|
|
Procedural Motion
|
|
20-164
|
Resolved that
the apology from Cr Martin be accepted and a leave of absence granted.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
Requests
for Leave of Absence
There
were no requests for leave of absence
Declarations
of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
|
20-165
|
Resolved
that the minutes of the
Ordinary Meeting held 26 March 2020 be confirmed.
(Ndiaye/Spooner)
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. 13.4 Outcome
of Butler Street Reserve site investigations
Report No. 13.5 Council
Delegations & Emergency Decision-Making During COVID-19 Crisis
Corporate and Community Services
Infrastructure Services
Report No. 13.9 Expression
of Interest for Dingo Lane Solar Farm Design, Construct, Operation and
Maintenance Contractors
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. 20-166
and concluding with Resolution No. 20-185.
Submissions
and Grants
|
|
Report No. 11.1 Grants
Submissions for March 2020
File No: I2020/500
|
|
20-166
|
Resolved that Council notes the report and Attachment 1 (E2020/22750)
for Byron Shire Council’s Submissions and Grants as at 3 March 2020. (Richardson/Lyon)
|
Staff
Reports - General Manager
|
|
Report No. 13.1 Licence
to Upper Main Arm Community Association Inc to manage the Kohinur Hall
File No: I2020/337
|
|
20-167
|
Resolved:
1. That
Council notes that no public submissions were received on the proposed grant
of a five year licence to the Upper Main Arm Community Association Incorporated
for the management of the Kohinur Hall and grounds located on Lot 1 DP
771568.
2. That
Council authorises the General Manager to enter into licence with the Upper
Main Arm Community Association Incorporated for the management of the Kohinur
Hall located on Lot 1 DP 771568 on the following terms:
a) term
5 years to commence on the lifting of all COVID-19 restrictions as to social
distancing;
b) purpose
of a community hall;
c) annual
rent to be subsidised by Council to the value of $19,501 per annum,
d) the
licensee to pay initial annual rent commencing at $490 (excluding GST) with
annual rent increased thereafter by Consumer Price Index All Groups Sydney
for the term;
e) Council
to subsidise licence preparation costs to the value of $527 (inclusive GST);
f) the
licensee to pay outgoings to full value of all usage charges for all
connected services, all onsite sewerage management system pump outs and
repairs, all potable water purchased, interior and grounds maintenance of the
Hall and required insurance cover; and
g) Council
to pay outgoings to for the full value of general land rates, fixed water and
sewerage charges, building insurances, pest inspections and fire safety
compliance.
(Richardson/Lyon)
|
|
|
Report No. 13.2 Licence
to Byron Bay Community Association Incorporated for occupation of the Byron
Community Cabin.
File No: I2020/365
|
|
20-168
|
Resolved:
1. That
Council notes that no submissions were received on the proposed grant of a
one year licence to the Byron Bay Community Association Incorporated for the
management of the Byron Community Cabin located on Lot 444 Sec 28 DP758207.
2. That
Council authorises the General Manager to enter into a licence with the Byron
Bay Community Association Incorporated for the management of the Byron
Community Cabin located on Lot 444 Sec 28 DP758207 on the following terms:
a) term
one year to commence 1 June 2020;
b) purpose
of a community hall;
c) the
licensee to pay annual rent of $490 (exclusive of GST);
d) the
licensee to pay all outgoings for usage costs of all services connected to
the premises and required insurance coverage;
e) Council
to pay outgoings to the full value of general land rates (if applicable),
fixed water and sewerage charges, building insurances, pest inspections and
fire safety compliance; and
f) Council
to subsidise all licence preparation costs of $527 inclusive of GST.
3. That
Council authorises the abatement of rent payable under a current licence to
the Byron Bay Community Association Incorporated for occupation of the Byron
Community Cabin from 1 April 2020 to 31 May 2020 totalling $81.66 exclusive
of GST.
4. That
Council authorise the abatement of rent payable under the proposed new
licence to the Byron Bay Community Association Incorporated for occupation of
the Byron Community Cabin to commence 1 June 2020 on a month by month basis
at a total cost of $40.83 exclusive of GST per month until all COVID-19
social distancing restrictions are lifted.
(Richardson/Lyon)
|
|
|
Report No. 13.3 Amendment
to Policy 15/007 Sustainable Community Markets
File No: I2020/413
|
|
20-169
|
Resolved:
1. That
Council notes the contents of this report.
2. That
Council authorises the public exhibition of the Draft Policy 15/007
Sustainable Community Markets for a period of 28 days.
3. That
a separate report be tabled at Council’s June Ordinary meeting
detailing submissions received for consideration of adoption of the Draft
Policy 15/007 Sustainable Community Markets. (Richardson/Lyon)
|
Staff
Reports - Corporate and Community Services
|
|
Report No. 13.6 Council
Investments - 1 March 2020 to 31 March 2020
File No: I2020/522
|
|
20-170
|
Resolved that the report listing
Council’s investments and overall cash position as at 31 March 2020 be
noted. (Richardson/Lyon)
|
|
|
Report No. 13.7 COVID-19
Financial Assistance and Actions
File No: I2020/543
|
|
20-171
|
Resolved that Council
notes and endorses the actions taken or proposed to be taken, as identified
in this report, including the following specific recommendations:
Recommendation 1: Council relaxes the
owner/occupier rule to also allow payment arrangements from owners with
multiple properties provided they enter into a suitable payment arrangement
for each individual property.
Recommendation 2: Council suspends debt recovery
action beyond issuance of a reminder notice or statement with a review to be
conducted in December 2020.
Recommendation 3: Council agrees to a further
deferment of six months as of 1 April 2020 of Developer Contributions for
Section 64 Sewerage Contributions. The deferment does not mean the
required repayments are reduced or written off but means that repayments due
do not need to be made for the next six months and will need to recommence on
1 October 2020 subject to a review at that time.
Recommendation 4: Council establishes a bank
overdraft facility for $1,000,000 and authorises the General Manager to
establish this facility. (Richardson/Lyon)
|
Staff Reports - Infrastructure
Services
|
|
Report No. 13.8 Minutes
of Coastal Estuary Catchment Panel
File No: I2020/517
|
|
20-172
|
Resolved that Council adopt the
following Panel and Management Recommendation(s):
1. That
Council note that the Coastal Estuary Catchment Panel received several
projects updates by staff.
2. That
in relation to Belongil Catchment Drainage Board update:
a) That
Council note that due to current lack of clarity and mutual understanding as
to the roles and responsibilities of Council and Belongil Catchment Drainage
Board, the Plan of Management has not been agreed upon by Council.
b)
That Council meet with DPI and Belongil Catchment
Drainage Board to engage in resolution of the POM and hence the MoU.
3. That
in relation to Additional Flow Path project, the
REF, once determined, be placed on Council’s website for community
information
4. That
In relation to Belongil Issues Studies, the outcomes of the recent DPI
workshop on ICOLLs be reported to Council. (Richardson/Lyon)
|
|
|
Report No. 13.10 Tender
2019-0046 Yamble Reservoir Trunk Water Main Renewal
File No: I2020/307
|
|
20-173
|
Resolved:
1. That
Council award Tender 2019-0046 to Demacs Construction (Aust.) Pty Ltd for
lump sum $669,234.00 (excluding GST).
2. That
the total budget allocation for this project be increased by $ 849,800 for
the 2019/2020 Financial year with funding provided from available Water Fund
Capital Works Reserve.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That
the Tender Evaluation Plan and Tender Evaluation Report remain confidential
until the contract is finalised. (Richardson/Lyon)
|
Reports
of Committees - Corporate and Community Services
|
|
Report No. 14.1 Report
of the Audit, Risk and Improvement Committee Meeting held on 17 March 2020
File No: I2020/440
|
|
20-174
|
Resolved that Council notes the minutes of the Audit, Risk
and Improvement Committee Meeting held on 17 March 2020. (Richardson/Lyon)
|
|
20-175
|
Resolved that Council adopts the following Committee Recommendations:
Report No. 4.1 Audit
Office of NSW Report on Local Government 2019
File No: I2020/373
Committee Recommendation 4.1.1
That the Audit Risk & Improvement Committee notes the
Audit Office of NSW Report on Local Government 2019. (Richardson/Lyon)
|
|
|
Notice of Motion No. 9.2 Restoration
and Regeneration of Riparian Zones
File No: I2020/550
|
|
20-191
|
Resolved:
1. That
Council staff provide a report on work done in the Shire by Byron Shire
Council, in the last 5 years on the restoration and regeneration of riparian
zones, including:
a) any work or
progress with cattle-holding landowners to fence off riparian areas;
b) any riparian rehabilitation
done with a view to effecting/reducing sediment runoff;
c) any grant funding
opportunities used, or available for use in this area;
d) the effect of
dams of waterways and the legality of creating new dams on private property
that block a water course.
2. Where able
to collate information, the staff report to also include, work done by
Brunswick Valley Land Care, Local Land Services, other local environmental
groups and private land owners in the last 5 years on the restoration and
regeneration of riparian zones as per points 1 a-d.
3. That a
report be brought to Council responding to points 1 & 2 before
September 2020.
(Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
Petitions
The Mayor tabled the following petition:
|
Title
|
No. of
Signatures
|
|
Petition from Tallowood residents regarding
unfair approval of Development Application 10.2018.512.1 at Corella Crescent
Mullumbimby
|
9
|
Delegates'
Reports
There were no delegates reports.
Staff
Reports - Infrastructure Services
|
|
Report No. 13.9 Expression
of Interest for Dingo Lane Solar Farm Design, Construct, Operation and
Maintenance Contractors
File No: I2020/501
|
|
20-192
|
Resolved:
1. That
Council nominate five (5) short-listed respondents to be invited to
participate in the next stage of the procurement process, being:
· Autonomous
Energy Pty Ltd
· Todae
Solar Pty Ltd
· Solgen
Energy Pty Ltd
· Gildemeister
LSG Solar Australia Pty Ltd
· Coolamon
Energy P/L
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. (Ndiaye/Richardson)
The motion was put to the
vote and declared carried.
|
URGENCY MOTIONS
|
|
Procedural
Motion
|
|
|
Moved: That the matter of ‘Work on Daley
Street tower by Telstra’ be dealt with as a matter of urgency due to
its imminent and current nature at this time and the health implications of
this. (Ndiaye/Lyon)
The motion was put to the vote and declared lost.
Crs Spooner, Coorey, Hackett, Hunter, and Cameron voted
against the motion.
|
There being no further business the meeting concluded at 10:50M.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 28 May 2020.
….…………………………
Mayor Simon Richardson
