Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 11 December 2014

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

11 December 2014

 

INDEX OF ITEMS DISCUSSED

 

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

 

Report No. 13.7          Review of Payments to Section 355 Committees, Members and Agents. 4

Report No. 13.9          Report of the Public Art Assessment Panel meeting 6 November 2014. 5

Report No. 13.10       Report of the Safe Summer in the Bay PRG meeting 14 November 2014. 6

Report No. 13.11       Companion Animal Welfare Incorporated (CAWI)  Relocation to West Byron STP Council Animal Pound. 6

Report No. 13.12       Conduct of the 2016 Local Government Election. 6

Report No. 13.13       Meeting Dates for Finance Advisory Committee for 2015. 7

Report No. 13.14       Review of Long Term Financial Plan 2014-2024. 7

Report No. 13.16       Sale of Land for Unpaid Rates and Charges. 7

Report No. 13.18       Investments - November 2014. 7

Report No. 13.20       Report of the Planning Review Committee Meeting held on 18 November 2014. 8

Report No. 13.24       2013/2014 Code of Conduct Annual Report 8

Report No. 14.1          Report of the Internal Audit Advisory Committee Meeting held on 13 November 2014  8

Report No. 14.2          Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 6 November 2014. 9

Report No. 16.1          CONFIDENTIAL - Tender Assessment of Waste and Resource Recovery Collection Contract 2014-0011. 10

Report No. 16.2          CONFIDENTIAL - Tender 2014-26 Landslip Repair Works on Wanganui Road and Huonbrook Road. 11

Report No. 16.3          CONFIDENTIAL - Tender Assessment for Contract 2014-0021 Water Cart Truck Replacement 11

Mayoral Minute No. 8.1            Charter for good planning. 11

Notice of Motion No. 9.4          Permanent Second Lane Shirley/Lawson Streets Byron Bay - 12

Report No. 13.5          Owner's Consent to Lodge DA - Telecommunications Facility on Council Land at Ocean Shores. 13

Report No. 13.19       PLANNING - 10.2014.331.1 Community Title subdivision at Broken Head Road Suffolk Park. 13

Report No. 13.21       Tom Kendall Oval Change Facilities. 14

Report No. 13.22       Shara Boulevard Concept Design Report and Planning Proposal 15

Report No. 14.3          Report of the Local Traffic Committee Meeting held on 12 November 2014. 16

6.1            Clifford Street, at the Broken Head Road Intersection, Suffolk Park. 16

6.2            Christmas Eve Carnival street closure, Byron Street, Bangalow.. 16

6.3            Ewingsdale Road Safety Review - results of RMS speed zone review.. 17

6.4            Count results for pedestrian crossings, Byron Bay, Ocean Shores, Federal 17

6.5            Request to change school bus zone times, Federal village. 18

6.6            Request for No Parking, Towers Drive, Mullumbimby. 18

6.7            Changes to parking and school zone, Crown Street, Mullumbimby. 19

6.8            Request for time limit, Bayshore Drive, Arts and Industry Estate, Byron Bay. 19

6.9            5.9 Request for No Stopping, Bangalow Road – Mahogany Drive, Byron Bay. 19

6.10         Request for No Stopping, Ironbark Avenue, Byron Bay. 20

6.11         Request for No Stopping, Ambulance Station, Mullumbimby. 20

7.1            DA 10.2014.331.1 - 45 lot Community Title, Broken Head Road, Suffolk Park. 20

Report No. 13.23       Byron Bay Parking Study Update. 21

Notice of Motion No. 9.1          Federal Park hitching rail proposal 22

Notice of Motion No. 9.2          Collaboratively preparing a rail corridor project that responds to Byron's needs  22

Notice of Motion No. 9.3          Representation on NOROC.. 22

Report No. 13.1          Fit for the Future - Local Government Reform.. 23

Report No. 13.2          Events and Festivals Sponsorship Fund. 23

Report No. 13.3          Bay Lane Activation Report 24

Report No. 13.4          General Manager's Performance Review Committee. 24

Report No. 13.6          Lease Assignment - RJ Palmer to Skydive Australia Group Pty Ltd. 24

Report No. 13.8          2015 Compliance Priorities Program.. 25

Report No. 13.15       Monthly Financial Reporting. 25

Report No. 13.17       Tyagarah Airfield Future Options. 26

Urgency No. 1            Iterim Heritage Order Coastal Cypress Pine Trees - Terrace Caravan Park. 27

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                    11 December 2014

 

 

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 11 December 2014 COMMENCING AT 9.00AM AND CONCLUDING AT 3.28PM

I2014/98

PRESENT:   Cr S Richardson (Mayor), Cr B Cameron, Cr C Cubis (arrived 9.06am), Cr D Dey,
Cr A Hunter (arrived 9.30am), Cr S Ibrahim, Cr P Spooner, Cr R Wanchap and
Cr D Woods

 

Staff:   Ken Gainger (General Manager)

            Mark Arnold (Director Corporate and Community Services)

            Phil Holloway (Director Infrastructure Services)

            Ray Darney (Executive Manager Environment and Planning)

            Mila Jones (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:

 

8.1            Charter for Good Planning

 

Catherine Coorey (Byron Residents Group) addressed Council in favour of the recommendation.

 

9.4            Permanent Second Lane Shirley/Lawson Sts Byron Bay – “Twol Lanes In”

 

Morgan addressed Council against the recommendation.

 

13.5          Owner’s consent to lodge DA – Telecommunication Facility on Council Land at Ocean Shores

 

Vanessa Davies (Aurecon) and Bob Coyne (Telstra) addressed Council in favour of the recommendation.

Ray Musgrave and Mark Lycos addressed Council against the recommendation.

 

13.19        PLANNING – 10.2014.331.1 Community Title Subdivision at Broken Head Road Suffolk Park

 

David Milledge and Annie Crowley addressed Council in favour of the recommendation

Chris Power (for the applicant) addressed Council against the recommendation.

 

13.21        Tom Kendall Oval Change Facilities                                                                            

 

Gemma Eaton addressed Council against the recommendation.

 

13.22        Shara Boulevard Concept Design Report and Planning Proposal

 

Mark Patten addressed Council in favour of the recommendation.

Jan Mangleson (OSCA) addressed Council against the recommendation.

 


 

13.23        Byron Bay Parking Study Update

 

Peter Wegner addressed Council in favour of the recommendation.

Bob Higgins addressed Council against part of the recommendation.

 

14.3.6.1    Local Traffic Committee – Clifford Street, at the Broken Head Road Intersection, Suffolk Park

 

Donald Maughan (Suffolk Park Progress Association) addressed Council in favour of the recommendation.

 

Submission No. 1 Byron Bay water infrastructure and Belongil Catchment

 

Mary Gardner made a submission to Council regarding Council’s drainage infrastructure within the Shire including the Belongil catchment and an integrated catchment approach.

 

Submission No. 2 Possible Urgency Motion regarding The Terrace Caravan Park Trees

 

Col Draper made a submission to Council regarding the protection of trees at The Terrace Caravan Park, that were planted in honour of fallen soldiers and requested that an interim heritage order be placed on the identified trees.

 

At the end of Public Access and Submissions, the Mayor thanked the Executive Manager Environment and Planning, Ray Darney, as he will be retiring in January 2015.  The Mayor thanked him for his time spent with Council and for representing staff and the community with great distinction.

 

The meeting adjourned at 10.38am for a break and reconvened at 11.00am.

 

 

Apologies

 

There were no apologies.

 

 

Requests for Leave of Absence

 

There were no requests for leave of absence. 

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

Cr Spooner declared a non-pecuniary interest in Report No. 13.10, the nature of the interest being that Cr Spooner sits on the committee as a representative of the Byron Community Centre.  The Centre will be managing the Soul Street and First Sun events.  Cr Spooner elected to stay in the chambers and participate in the debate and vote.

 

Cr Dey declared a non-pecuniary interest in Report 13.19. The nature of the interest being that he presented as a consultant to the Commission of Inquiry in the 1990’s. The interest ceased after those hearings.  Cr Dey chose to stay in the chambers and participate in the debate and vote.


 

 

 

Tabling of Pecuniary Interest Returns

 

There were no Pecuniary Interest Returns tabled.

 

 

Adoption of Minutes from Previous Meetings

 

 

No. 6.1  Confirmation of Minutes

 

14-600

Resolved that the minutes of the Ordinary Meeting held on 20 November be confirmed.
                                                                                                                                       (Cubis/Woods)

The motion was put to the vote and declared carried.

 

 

Reservation of Items for Debate and Order of Business

 

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

 

Staff Reports 

 

General Manager

Report No. 13.1       Fit for the Future - Local Government Reform

Report No. 13.2       Events and Festivals Sponsorship Fund

Report No. 13.3       Bay Lane Activation Report

Report No. 13.4       General Manager's Performance Review Committee

 

Corporate and Community Services

Report No. 13.5       Owner's Consent to Lodge DA - Telecommunications Facility on Council Land at Ocean Shores

Report No. 13.6       Lease Assignment - RJ Palmer to Skydive Australia Group Pty Ltd

Report No. 13.8       2015 Compliance Priorities Program

Report No. 13.15     Monthly Financial Reporting

Report No. 13.17     Tyagarah Airfield Future Options

 

Sustainable Environment and Economy

Report No. 13.19     PLANNING - 10.2014.331.1 Community Title subdivision at Broken Head Road Suffolk Park

 

Infrastructure Services

Report No. 13.21     Tom Kendall Oval Change Facilities

Report No. 13.22     Shara Boulevard Concept Design Report and Planning Proposal

Report No. 13.23     Byron Bay Parking Study Update

 

Reports of Committees

 

Infrastructure Services

Report No. 14.3       Report of the Local Traffic Committee Meeting held on 12 November 2014

 

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Woods and seconded by Cr Richardson. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 14-601 and concluding with Resolution No. 14-622.

 

 

CORPORATE AND COMMUNITY SERVICES –STAFF REPORTS

 

 

Report No. 13.7           Review of Payments to Section 355 Committees, Members and Agents

File No:                        I2014/12

 

14-601

Resolved:

1.       That Council receive the notes of the meeting held on 11 November 2014 with representatives from the Section 355 Committees and Boards of Management regarding the review of payments to committee members or agents.

2.       That Council acknowledge the significant contribution made by Section 355 Committees and Boards of Management and officially thank all representatives that attended the meeting held on 11 November 2014 for their input.

3.       That the following parameters are set for Section 355 Committees regarding remunerate of committee members or agents with an honorarium for duties undertaken in their role as follows:

          a)      Up to $100 (excl. GST) maximum per week for Booking Officers or other roles determined by the Committee (eg Volunteer co-ordinator at the Lone Goat Gallery).

          b)      Up to $100 (excl. GST) maximum per month for other Administration positions.

These payments must firstly be recommended by the Committee and recorded in their Meeting Minutes.  Approval by Council’s Finance Manager is required prior to implementation to ensure the income generated from the facility is sufficient to sustain these costs.

4.       That Committees wanting to engage a Committee Member to clean the venue, a payment of $20 (excl. GST) per hour may be paid provided Work Health and Safety procedures are in place and the maximum hours are agreed to by the Committee and recorded in the Committee Minutes.

5.       That Committee members or agents receiving payments note that:

         a)       The positions are not permanent and can be ceased by the Committee or Council at any time;

         b)       Payments are performance based and positions will be reviewed by the Committee as required with the assistance of Council;

          c)      They be registered for GST or if they do not hold an ABN complete a “Statement by a Supplier” Australian Taxation Office is to be completed and held with Council.

          d)      Payments requested outside Point 2 or 3 will require approval of Council.

6.       That Council note a networking meeting for Section 355 Committee representatives will be organised bi-annually to provide opportunities for discussion and to acknowledge the work of the committees.

7.       That the Section 355 Committee and Board of Management Guidelines to Operations be updated to reflect the changes in the recommendations of this report.     (Woods/Richardson)

 

 

 

 

Report No. 13.9           Report of the Public Art Assessment Panel meeting
6 November 2014

File No:                        I2014/16

 

14-602

Resolved:

1.       In relation to the resignation of a community representative from the Public Art Assessment Panel (PAAP), that Council:

a)      Write a letter of thanks to Belinda Smith for her valuable contribution to the Public Art Assessment Panel since May 2013.

 

b)      Allow nominees from the list of alternate members for the Public Art Assessment Panel (PAAP) created following the call for nominations in 2013 be contacted, to ascertain current interest in filling the vacant position on the PAAP.

 

c)      Conduct a call for nominations for the vacant position on the Public Art Assessment Panel (PAAP) if there is no interest from the alternate members in 1b, with nominees to be reported to Council for a Community Representative member to be selected.

 

2.       In relation to the Memorial Mosaic Seat in Brunswick Heads, Council accepts the donation of a Memorial Mosaic Seat, placed in a suitable location on Council land in Memorial Park, Brunswick Heads, subject to the Public Art Assessment Panel (PAAP) members meeting with the artist around some design questions and being satisfied with the final concept designs.

 

3.       In relation to the Brunswick Nature Sculpture Walk, that Council:

a)      make a donation of $5,000 from the Public Art budget (2364.001) to the Brunswick Nature Sculpture Walk to seed fund the development of a number of artworks, for the following reasons:

 

·     The Brunswick Nature Sculpture Walk project encourages high quality art, in line with the aims of the Public Art Policy

·     The project encourages participation by professional artists (for example, is timed after Swell in Tweed Heads and before Sculpture by the Sea in Bondi – the sculpture trail)

·     The workshops in the project offer an important educational aspect for locals and visitors

·     There is evidence of excellent community participation

·     It provides an opportunity to work with several partners

·     There is currently no arts showcase or event in Brunswick Heads.

 

b)      note that prior to any installation of artworks, appropriate formal application will be made to Council for the event in the form of a Development Application, Temporary Licence or Public Art Application, whichever is identified as required.

 

4.       In relation to the donation of a mural painted at the Bay Lane Activation by Kellie O’Dempsey, that Council thank the artists for their offer and provide congratulations on a great event (Bay Lane Activation), however the artworks are declined for the following reasons:

 

·        The works are not relevant to the current public art program

·        There is a lack of suitable locations identified to display the works

(Woods/Richardson)

 

 

 

Report No. 13.10         Report of the Safe Summer in the Bay PRG meeting 14 November 2014

File No:                        I2014/21

 

14-603

Resolved that Council note the minutes of the Safe Summer in the Bay PRG meeting held on 14 November 2014.                                                                                                  (Woods/Richardson)

 

 

Report No. 13.11         Companion Animal Welfare Incorporated (CAWI)  Relocation to West Byron STP Council Animal Pound

File No:                        I2014/23

 

14-604

Resolved:

1.       That Council consent to operational land, part Lot 2 DP 706286 as indicated in Attachment 1 (E2014/65093), being occupied by Companion Animal Welfare Inc (CAWI) to establish and operate a Companion Animal Refuse and associated services, subject to the following conditions:

 

a)   CAWI and council enter into a deed of agreement to guide the process including surveying, development and associated approvals (including subdivision), provision of council’s pound services, and occupation of the site under a 20-year term lease at annual minimum crown rent.

b)   That advancing the proposal occurs at no cost to council.

c)   That CAWI withdraw Development Application 10.2014.006.1 relating to resolution 12-264 regarding the Operational land at Tyagarah (Part Lot 49 DP 881232).

 

2.       That Council provide owner’s consent for CAWI to lodge a Development Application for subdivision of part Lot 2 DP 706286 that is consistent with the land area indicated in Attachment 1 (E2014/65093).

 

3.       That Council authorise the General Manager to negotiate and execute all necessary documentation and agreements to advance the proposal.

 

4.       That Council authorise the General Manager to affix the Council seal to the deed of agreement, lease agreement, and land titles documentation for subdivision of part Lot 2 DP 706286, and any other associated documents.

                                                                                                                                                           

5.       That Council provide financial reimbursement of up to $25,000 from the Tyagarah Airfield Future Options Project to CAWI for the consultancy costs they incurred to prepare and lodge Development Application 10.2014.006.1 over Operational land at Tyagarah (Part Lot 49 DP 881232) subject to CAWI providing appropriate receipts for those expenses incurred to the satisfaction of the General Manager.                                                         (Woods/Richardson)

 

 

 

Report No. 13.12         Conduct of the 2016 Local Government Election

File No:                        I2014/26

 

14-605

Resolved:

1.       That Byron Shire Council (“Council”), pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2.       That Council pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

 

3.       That Council pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.                               (Woods/Richardson)

 

 

 

Report No. 13.13         Meeting Dates for Finance Advisory Committee for 2015

File No:                        I2014/44

 

14-606

Resolved that the following dates be adopted for the Finance Advisory Committee's meetings for 2015 and that the meetings commence at 2.00pm.

·     Thursday 19 February 2015

·     Thursday 14 May 2015

·     Thursday 20 August 2015

·     Thursday 12 November 2015                                                                       (Woods/Richardson)

 

 

 

Report No. 13.14         Review of Long Term Financial Plan 2014-2024

File No:                        I2014/45

 

14-607

Resolved that Council defer the updating of its Long Term Financial Plan until it has prepared its response to the NSW Government’s Fit for the Future assessment, so that the Plan aligns with that assessment, and incorporates the revised asset management planning work currently being undertaken.                                                                                                          (Woods/Richardson)

 

 

Report No. 13.16         Sale of Land for Unpaid Rates and Charges

File No:                        I2014/64

 

14-608

Resolved:

1.       That Council sell by public auction the land and properties detailed in Part A and Part B of the confidential attachment to this report in order to recover unpaid rates and charges pursuant to Division 5 Local Government Act, 1993.

 

2.       That following the advertisement of the sale of properties for unpaid rates in a newspaper pursuant to Section 715(1) (b) of the Local Government Act, 1993, that Council only accept payment in full of rates and charges outstanding, as a satisfactory arrangement,  to avoid the sale proceeding.                                                                                   (Woods/Richardson)

 

 

 

Report No. 13.18         Investments - November 2014

File No:                        I2014/89

 

14-609

Resolved that the report listing Council’s investments and overall cash position as at 28 November 2014 be noted.                                                                                                     (Woods/Richardson)

 


 

 

 

Staff Reports – SUSTAINABLE ENVIRONMENT AND ECONOMY  


 

Report No. 13.20         Report of the Planning Review Committee Meeting held on 18 November 2014

File No:                        I2014/48

 

14-610

Resolved that the report be noted.                                                                      (Woods/Richardson)

 

Staff Reports - Organisation Development  

 

Report No. 13.24         2013/2014 Code of Conduct Annual Report

File No:                        I2014/94

 

14-611

Resolved that the report be noted.                                                                      (Woods/Richardson)

 

Reports of Committees - Corporate and Community Services

 

Report No. 14.1           Report of the Internal Audit Advisory Committee Meeting held on
13 November 2014

File No:                        I2014/33

 

14-612

Resolved that Council note the minutes of the Internal Audit Advisory Committee Meeting held on 13 November 2014.                                                                                             (Woods/Richardson)

14-613

Resolved that Council adopt the following Committee Recommendation:

 

Report No. 4.1     Internal Audit Report – Audit Committee November 2014

File No: I2014/6

 

Committee Recommendation 4.1.1

1.    That Council receive and note the Internal Audit Report – Audit Committee (November 2014) (Annexure 2 #E2014/71971) prepared by the Internal Auditor, Grant Thornton.

2.    That the Internal Audit Committee receive a report on the progress of actions 1 and 2 in Audit Review Report - 1.1 IT Security at February meeting.

3.    That an IT functional structure be provided to the February 2015 Ordinary meeting.

(Woods/Richardson)

 

14-614

Resolved that Council adopt the following Committee Recommendation:

 

Report No. 4.2     Section 603 and 149 Certificates Review

File No: I2014/5

 

Committee Recommendation 4.2.1

1.    That the Internal Audit Report on S603 and S149 Certificates - August 2014 be noted by Council, including responses and actions detailed by Management.

2.    That Management implement the recommendations in the report identified at Annexure 1 (#E2014/43644).                                                                                          (Woods/Richardson)

 

 

14-615

Resolved that Council adopt the following Committee Recommendation:

 

Report No. 6.1     Meeting Dates for Internal Audit Advisory Committee for 2015

File No: I2014/9

 

Committee Recommendation 6.1.1

That Council adopt the following dates for the Internal Audit Committee meetings for 2015:

 

·      Thursday 19 February 2015

·      Thursday 14 May 2015

·      Thursday 20 August 2015

·      Thursday 22 October 2015

·      Thursday 12 November 2015                                                                       (Woods/Richardson)

 

 

 

Report No. 14.2           Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 6 November 2014

File No:                        I2014/39

 

14-616

Resolved that Council note the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 6 November 2014.                                                 (Woods/Richardson)

14-617

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.1     Progress Report on Consultation and Engagement for Development Applications and other matters in regards to public land

File No: I2014/34

 

Committee Recommendation 5.1.1

That Council:

 

1.    Note the progress on the development of frameworks for ongoing consultation processes.

 

2.    Note the external funding sources identified that could potentially assist Council undertake a Shire Wide Aboriginal Cultural Heritage Survey and endorse staff to apply for applicable funding.

 

3.    Recommend to Council’s Sustainable Environment and Economy Directorate to consider that Council’s document titled Guide to lodging a Development Application be amended to include:

 

a)    a description of how the impacts of their development have been identified, and the steps that are proposed to protect the aboriginal heritage and archaeological aspects of the environment or reduce expected harm.

b)    a summary of Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales and a link to the associated website.

c)    provision of evidence by the proponents of due diligence under the NSW National Parks and Wildlife Act 1974 (NPW Act) in relation to their applications.

d)    an explanation of the Aboriginal Heritage Impact Permit required if a development is deemed to cause harm to an Aboriginal place or object under s.87 and/or s.90 of the NSW National Parks and Wildlife Act 1974 (NPW Act). 

(Woods/Richardson)

 

14-618

Resolved that Council adopt the following Committee Recommendation:

 

Report No. 5.2     Aboriginal Projects Grant Submissions 2014

File No: I2014/35

 

Committee Recommendation 5.2.1

That Council:

 

1.       Note the Aboriginal Projects Grant Submissions.

 

2.       Identify any further projects for funding for 2014/15.                                (Woods/Richardson)

 

14-619

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.3     Local Government Aboriginal Network Conference

File No: I2014/36

 

Committee Recommendation 5.3.1

That Council:

 

1.       Note the information regarding the 2014 Local Government Aboriginal Network Conference.

 

2.       Note the use of Reconciliation Action Plans as a tool used by Local Government for managing Council’s responsibilities to multiple Aboriginal and Torres Strait Islander stakeholder groups.

 

3.       Develop a Reconciliation Action Plan for Byron Shire’s Indigenous Community.

Woods/Richardson)

 

Confidential Reports - Infrastructure Services

 

Report No. 16.1           Confidential - Tender Assessment of Waste and Resource Recovery Collection Contract 2014-0011

File No:                        I2014/27

 

14-620

Resolved:

1.       That Council award Tender 2014-0011 Waste and Resource Recovery Collection Contract to Rico Enterprises Pty Ltd ATF The Rico Family Trust trading as Solo Resource Recovery at the contract cost of $12,097,770 for the 7 year term of the contract (excluding rise and fall and special events) and that the initial disposal/processing facilities for residual waste, recyclable and organic materials are as follow:

·    Residual Waste – Byron Resource Recovery Centre

·    Recyclable Material – Lismore City Council Recycling and Recovery Centre

·    Organic Material – Lismore City Council Recycling and Recovery Centre

 

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.                                                                                                           (Woods/Richardson)

 

 

 

 

Report No. 16.2           Confidential - Tender 2014-26 Landslip Repair Works on Wanganui Road and Huonbrook Road

File No:                        I2014/73

 

14-621

Resolved:

1.       That Council award Tender 2014-0026 –Wanganui south, Main and Huonbrook Landslip Repair Works  to Geotech  Pty Ltd for $1,768,890.00 including 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.                                                                                                           (Woods/Richardson)

 

 

 

Report No. 16.3           Confidential - Tender Assessment for Contract 2014-0021 Water Cart Truck Replacement

File No:                        I2014/82

 

14-622

Resolved:

1.       That Council award Contract 2014-0021 Water Truck Replacement for the supply and delivery of one new ISUZU FXZ1500 and AllQuip Poly Tank to Northern Rivers Isuzu for $235,805.90 (Exclusive GST) in accordance with the tender documents and their tender.

 

2.       That Council accepts the trade offer from Northern Rivers Isuzu for the purchase of Council’s Mitsubishi water truck, Plant No 4011, for $28,727.27 (Exclusive GST).

 

3.       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.                                                                                                           (Woods/Richardson)

 

 

 

Procedural Motion

 

14-623

Resolved that Council change the order of business to deal with Reports 8.1, 9.4, 13.5, 13.19, 13.21, 13.22, 13.23, 14.3.6.1 next on the Agenda.                                              (Richardson/Woods)

The motion was put to the vote and declared carried.

 

 

mayoral minute

 

Mayoral Minute No. 8.1       Charter for good planning

File No:                                  I2014/90

 

14-624

Resolved that Council

a)    support the Community Charter for Good Planning in NSW by signing the Charter, which appears as an Attachment to this Mayoral Minute and on: www.thecommunitycharter.org.

b)    endorse its five key principles as they appear on the Charter; 

c)    recognise that Council’s name will be added to that of many other individuals and organisations that have signed, will appear publicly and will be sent to the following state politicians: 

·   the Hon. Pru Goward, MP, Minister for Planning; 

·   the Hon. Luke Foley, MLC, Shadow Minister for Planning; 

·   Mr David Shoebridge, MLC, The Greens NSW Spokesperson for Planning; 

·   the Hon. Robert Borsak, MLC, Shooters and Fishers Party; 

·   Reverend the Hon. Fred Nile, MLC, Christian Democratic Party; and 

·   the Hon. Rob Stokes, MP, Assistant Minister for Planning and Minister for the Environment and Heritage. 

d)    endeavour to make planning decisions consistent with those principles; 

e)    operate an open, transparent and accountable public consultation system; 

f)     engage with members of the public about positive and negative impacts on the local community before decisions are made and make minutes from such meetings public; 

g)    ask the Mayor to also write to the state politicians listed in point c) above, advising them of this resolution.                                                                                                   (Richardson/Spooner)

 

The motion was put to the vote and declared carried.

Crs Ibrahim, Dey, Richardson, Cameron and Spooner voted in favour of the motion.

Crs Cubis, Woods, Wanchap and Hunter voted against the motion.

 

 

notices of motion

 

Notice of Motion No. 9.4     Permanent Second Lane Shirley/Lawson Streets Byron Bay - "Two Lanes In"

File No:                                  I2014/85

 

14-625

Resolved that Council:

1.    Supports the creation of a permanent second lane along Shirley/Lawson Street into the Jonson/Lawson street roundabout linking with Bay Street via the Jonson Street north car park.

 

2.    That we receive a detailed report at the first meeting in 2015 from staff including design options, necessary approvals from state agencies, funding sources, traffic impacts.

 

3.    That $15,000 be sourced from the Bypass reserve funds or other funding sources be identified for consultants to be engaged to assist staff with the completion of the report.

 

4.    That a workshop be convened as soon as possible at the site of the north Lawson Street car park inviting stakeholders, business owners and other interested parties to meet with staff consultants and traffic engineers to discuss this very important issue of traffic congestion that has plagued our town for decades.                                                                 (Wanchap/Woods)

 

The motion was put to the vote and declared carried.

 

 

AMENDMENT

 

Moved:     That Council add the following issue as one to be considered within the current Town Centre Masterplan, Traffic Study and Bypass investigations:

·           the creation of a permanent second lane along Shirley/Lawson Street into the Jonson/Lawson street roundabout linking with Bay Street via the Jonson Street north car park.                                                                                  (Dey/Richardson)

                

 

 

PROCEDURAL MOTION

 

14-626

Resolved that the motion be put.                                                                        (Hunter/Richardson)

The motion was put to the vote and declared carried.

 

The amendment was put to the vote and declared lost.

Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the amendment.

 

The motion was put to the vote and declared carried.

Crs Dey, Richardson, Cameron and Spooner voted against the motion.

 

 

staff Reports – corporate and community Services

 

Report No. 13.5           Owner's Consent to Lodge DA - Telecommunications Facility on Council Land at Ocean Shores

File No:                        I2014/4

 

14-627

Resolved:

1.       That the matter be deferred.

2.       That a site inspection be arranged for Councillors prior to our next Ordinary meeting and that neighbours, including school principal and owners of the pre-school, be notified of the inspection and the matter resubmitted for Council's consideration.                      (Dey/Woods)

 

The motion was put to the vote and declared carried.

 

 

SUSTAINABLE ENVIRONMENT AND ECONOMY – EXECUTIVE MANAGER’S REPORTS

 

Report No. 13.19         PLANNING - 10.2014.331.1 Community Title subdivision at Broken Head Road Suffolk Park

File No:                        I2014/24

 

14-628

Resolved that Council, pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2014.331.1 for Community Title subdivision to create 44 lots, comprising 41 residential lots, 2 neighbourhood property lots and 1 common property lot, be refused for the reasons contained in Attachment 1 (#E2014/79917).                 (Richardson/Woods)

The motion was put to the vote and declared carried.

Crs Ibrahim, Dey, Woods, Richardson, Cameron, Wanchap, Spooner and Hunter voted in favour of the motion.

Cr Cubis voted against the motion.

 

FORESHADOWED MOTION

 

14-629

Resolved that Council receive a report on rehabilitation works as required within the original consent conditions.                                                                                              (Richardson/Woods)

Crs Ibrahim, Dey, Cubis, Woods, Richardson, Cameron, Wanchap, Spooner and Hunter voted in favour of the motion.

No Councillors voted against the motion.

 

 

 

Report No. 13.21         Tom Kendall Oval Change Facilities

File No:                        I2014/49

 

 

Moved:

1.    That Council support the continuation of the development of change facilities and additional amenities at Tom Kendall Oval, New Brighton.

2.    That Council receive a report outlining funding options for change facilities and additional amenities at Tom Kendall other than that  proposed in the report.

3.    That staff amend the 2012 Byron Developer Contributions Plan Open Space works schedule by the inclusion of $32,000 of shade structures at Tallowwood Playground.

4.    That as a result of point 3, staff make consequential changes to the rates of contribution in the Draft 2012 Byron Developer Contributions Plan.

5.    That Council place the Draft 2012 Byron Developer Contributions Plan on public exhibition in accordance with the Environmental Planning and Assessment Act, 1979 and Regulation, for a period of 28 days.

6.    That at the close of the exhibition report, the Draft 2012 Byron Developer Contributions Plan be reported back to Council for further consideration.                                        (Cameron/Dey)

AMENDMENT

 

14-630

Resolved:

1.       That Council support the continuation of the development of change facilities and additional amenities at Tom Kendall Oval, New Brighton.

 

2.       That staff amend the 2012 Byron Developer Contributions plan as per the “Table of Proposed Amendments to the Community Facilities Works Schedule” as set out in this report. 

 

3.       That staff amend the 2012 Byron Developer Contributions Plan Open Space works schedule by the inclusion of $32,000 of shade structures at Tallowwood Playground. 

 

4.       That as a result of points 2 and 3 staff make consequential changes to the rates of contribution in the Draft 2012 Byron Developer Contributions Plan. 

 

5.       That Council place the Draft 2012 Byron Developer Contributions Plan on public exhibition in accordance with the Environmental Planning and Assessment Act, 1979 and Regulation, for a period of 28 days.

 

6.       That at the close of the exhibition, report the Draft 2012 Byron Developer Contributions Plan back to Council for further consideration.                                                           (Woods/Cubis)

 

The amendment was put to the vote and declared carried.

Crs  Cameron, Wanchap and Spooner voted against the amendment.

 

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

Crs Cameron and Wanchap voted against the motion.

 

 

FORESHADOWED MOTION

 

14-631

Resolved:

1.  That Council investigate grant opportunities for Waterlilly Park improvements.

 

2. That Waterlilly Park amenities/improvements be given first priority from the proceeds of the sale of the first block of land on the Roundhouse site.

                                                                                                                                       (Woods/Cubis)

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.22         Shara Boulevard Concept Design Report and Planning Proposal

File No:                        I2014/66

 

14-632

Resolved:

1.       That Council supports the preferred concept design outlined in the North Ocean Shores Sports Field Concept Report (#E2014/78521 as amended by Cr Cameron) for further development, and

 

2.       That Council endorses the North Ocean Shores Sports Field Planning Proposal (#E2014/78554 as amended by Cr Cameron) for submission to the Department of Planning and Environment as amended without the proposal to reclassify the land from 'community' to 'operational'.                                                                                               (Cameron/Woods)

 

 

Amendment

Moved:

1.       That Council supports the preferred concept design outlined in the North Ocean Shores Sports Field Concept Report (#E2014/78521) for further development, and

 

2.       That Council endorses the North Ocean Shores Sports Field Planning Proposal (#E2014/78554) for submission to the Department of Planning and Environment.

(Ibrahim/Hunter)

The amendment was put to the vote and declared lost.

Crs Dey, Woods, Richardson, Cameron and Spooner voted against the amendment.

 

The motion was put to the vote and declared carried.

 

The meeting adjourned at 12.19pm and reconvened at 1.07pm.

 

Procedural Motion

14-633

Resolved that Council change the order of business to deal with Reports 14.3 next on the Agenda.                                                                                                                               (Richardson/Woods)

The motion was put to the vote and declared carried.

 


 

 

 

committee reports – infrastructure services

 

Report No. 14.3           Report of the Local Traffic Committee Meeting held on 12 November 2014

File No:                        I2014/65

 

14-634

Resolved:

1.       That Council note the minutes of the Local Traffic Committee Meeting held on
12 November 2014. 

 

2.       That Council adopt the following Committee Recommendation:

 

Report No. 6.1     Clifford Street, at the Broken Head Road Intersection, Suffolk Park

File No: I2014/50

 

Committee Recommendation 6.1.1

That Council, in regard to the intersection of Clifford Street and Broken Head Road Suffolk Park:  

 

a)    support the Local Traffic Committee’s preference for a roundabout and note RMS support for a grant application for one;  

 

b)    commence land acquisition for that purpose;  

 

c)    receive a report (after community consultation) on removing the left-hand turn lane from Broken Head Road, as an interim measure; and 

 

d)    support the Suffolk Park Progress Association presenting Council its concept plan for this "entrance" to the locality.   

 

3.       That Council, in regard to the intersection of Clifford Street and Broken Head Road Suffolk Park, investigate relocating:

 

(i)    the Bus-stop further east on Clifford Street to enable buses to more safely make the right turn after stopping, and

(ii)   the Power-pole on the north side of the Clifford Street at Broken Head Road as it currently obscures drivers' views north.                                                  (Dey/Richardson)

 

The motion was put to the vote and declared carried.

 

14-635

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.2     Christmas Eve Carnival street closure, Byron Street, Bangalow

File No: I2014/51

 

Committee Recommendation 6.2.1

a)      That the temporary traffic arrangements for the Bangalow Christmas Eve Carnival, scheduled for Wednesday 24 December 2014 and includes the temporary closure of Byron Street between Granuaille Road and Market Street between the hours of 5.30pm and 10.00pm, be endorsed.

 

b)      That the organisers be responsible for implementing a Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation and be advised Council’s fee for holding an on-road event will apply.

 

c)      That public liability insurance be in place for the sum of at least $20 million.

 

d)      That the concurrence of the Police be sought by the organisers, independent of the Local Traffic Committee endorsement.

 

e)      That the event be advertised in accordance with the Roads Act, charged at cost to the organisers.

 

f)       That the event be notified on Council's website.

 

g)      That in the event Council staff and materials are required for the event, costs be recorded and invoiced to the organisers as appropriate.                                               (Dey/Richardson)

The motion was put to the vote and declared carried.

 

14-636

Resolved:  

That Council adopt the following Committee Recommendation:

 

Report No. 6.3     Ewingsdale Road Safety Review - results of RMS speed zone review

File No: I2014/52

 

Committee Recommendation 6.3.1

That Council supports the RMS speed zone review and notes the recommendation the review makes for a 60kph speed limit to be applied on Ewingsdale Road, from the existing 60kph west of Banksia Drive through to the commencement of the 50kph limit west of Kendall Street.

(Dey/Richardson)

The motion was put to the vote and declared carried.

 

14-637

Resolved:

1.       That Council adopt the following Committee Recommendation and those works which can be completed by the beginning of the school year be done.

 

Report No. 6.4     Count results for pedestrian crossings, Byron Bay, Ocean Shores, Federal

File No: I2014/53

 

Committee Recommendation 6.4.1

a)    That Council note the pedestrian and vehicle count data presented for the following sites.

 

b)    That Council, subject to RMS funding and agreement reached with the respective schools (both of whom have requested such facilities) install children’s crossings on:

 

i.      Shara Boulevard, at the frontage of the Ocean Shores Public School

ii.     Middleton Street, immediately south of Carlyle Street, for the benefit of the Byron Bay Public School

 

c)    That Council note that while the RMS warrant for pedestrian crossings is not met at this time for the following sites, staff develop and report back pedestrian management and traffic calming concepts and cost estimates for:

 

i.      Federal village; and

ii.     Broken Head Road, between Beech Drive south and through to and south of Clifford Street, including Clifford Street itself

 

d)    That Council note that the RMS warrant for marked pedestrian crossings is not met at the following locations:

 

i.      Bangalow Road, between Browning Street and Cumbebin Park

ii.     Broken Head Road, between Beech Drive south and north roundabouts

iii.    Beech Drive south, west of the roundabout on Broken Head Road

 

2.       That staff ask RMS to reassess the warrant for a pedestrian crossing on Broken Head Road Suffolk Park between Clifford Street and Beech Drive, taking into account:

 

i.      weighting factors for both school aged and old aged pedestrians, and

ii.     forecasts of additional pedestrian traffic generated by the over-55 housing currently under construction on Beech Drive.                                                       (Dey/Richardson)

 

The motion was put to the vote and declared carried.

 

14-638

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.5     Request to change school bus zone times, Federal village

File No: I2014/54

 

Committee Recommendation 6.5.1

That Council sign all existing school bus zones in Albert Street, Federal as being applicable between 7.30am and 9.30am and 2.30pm to 4.30pm school days and that signage be completed by the beginning of the school year.                                                                        (Dey/Richardson)

 

The motion was put to the vote and declared carried.

 

14-639

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.6     Request for No Parking, Towers Drive, Mullumbimby

File No: I2014/55

 

Committee Recommendation 6.6.1

That ‘No Stopping’ be signed and line marked for a length of 30 metres on the west side of Towers Drive, Mullumbimby, which commences 30m east of the driveway at number 17 Towers Drive.                                                                                                                                   (Dey/Richardson)

 

The motion was put to the vote and declared carried.

 


 

 

14-640

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.7     Changes to parking and school zone, Crown Street, Mullumbimby

File No: I2014/56

 

Committee Recommendation 6.7.1

a)      That Council note the Local Traffic Committee review of Resolution 14-343.

 

b)      That the following parking and school zone changes on Crown Street, Mullumbimby be endorsed: 

 

i.        sign parallel parking on the north side, between Morrison Avenue and the school car park driveway

 

ii.       for approximate 20m length from east side of the driveway, sign No Parking and Kiss and Ride to cover the frontage of the administration building

 

iii.      from the western end of the kiss and ride site through to Queen Street, sign parking as 45 degrees, front to kerb

 

iv.      request RMS funds to relocate the school zone patch and signs from their current location to Queen Street, north of Argyle Street

 

c)      That introducing one-way traffic or traffic calming devices, such as speed humps, on Crown Street Mullumbimby not be supported at this time.                                        (Dey/Richardson)

 

The motion was put to the vote and declared carried.

 

14-641

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.8     Request for time limit, Bayshore Drive, Arts and Industry Estate, Byron Bay

File No: I2014/57

 

Committee Recommendation 6.8.1

That a 1P time limit which applies Monday to Friday 9am to 6pm and Saturday 9am to 12.00 noon be endorsed and signed on the western side of Bayshore Drive Byron Bay, from Banksia Drive to Centennial Circuit.                                                                                                    (Dey/Richardson)

 

The motion was put to the vote and declared <<carried/lost>> .

 

14-642

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.9     5.9 Request for No Stopping, Bangalow Road – Mahogany Drive, Byron Bay

File No: I2014/58

 

 

Committee Recommendation 6.9.1

That No Stopping be applied via yellow line marking only as shown in this report, which is on:

 

a)    the east side of Bangalow Road, Byron Bay from 15m north to 12m south of Mahogany Drive;

 

b)    both sides of Mahogany Drive from Bangalow Road through to 10m east of Oodgeroo Gardens; and

 

c)    both sides of Oodgeroo Gardens for a 5m length from Mahogany Drive.       (Dey/Richardson)

 

The motion was put to the vote and declared carried.

 

14-643

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.10   Request for No Stopping, Ironbark Avenue, Byron Bay

File No: I2014/59

 

Committee Recommendation 6.10.1

That No Stopping be applied via yellow line marking only as shown in this report, which commences on the east side of Bangalow Road, Byron Bay from:

 

a)      12m north to the first driveway on the north side of Ironbark Avenue; and

 

b)      12m south to 5m east of the first driveway on the south side of Ironbark Avenue.

(Dey/Richardson)

The motion was put to the vote and declared carried.

 

14-644

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 6.11   Request for No Stopping, Ambulance Station, Mullumbimby

File No: I2014/60

 

Committee Recommendation 6.11.1

That No Stopping be applied via signage as shown in this report, that is on both sides of Lane 7, Mullumbimby commencing at Gordon Street and continuing until the next lane approximately 45m east.                                                                                                                           Dey/Richardson)

 

The motion was put to the vote and declared carried.

 

14-645

 

Resolved:

That Council adopt the following Committee Recommendation:

 

Report No. 7.1     DA 10.2014.331.1 – 45 lot Community Title, Broken Head Road, Suffolk Park File No: I2014/61

 

Moved 7.1.1

Committee advice was provided on the DA.                                                           (Dey/Richardson)

 

 

staff reports – infrastructure services

 

Report No. 13.23         Byron Bay Parking Study Update

File No:                        I2014/76

 

14-646

Resolved that Council, Support the introduction of a pay parking scheme in Byron Bay in principle subject to the following provisos:

a)      the inclusion of a ‘locals’ exemption.

 

b)      as a guide for further analysis an hourly fee of $3 be assumed at locations within Table 1 of this report, except Main Beach and Clarkes Beach car parks and the length of Bay Street, whereby $5 per hour applies;

 

c)      staff develop an Expression of Interest (EoI) for the purposes of seeking costs and information on technological capabilities of pay parking machines from suppliers;

 

d)      holding of a Councillor/staff workshop in early February 2015 to consider further analysis of any residual issues raised by the Council at this meeting;

 

e)      prior to the workshop, staff develop and circulate a briefing paper which details further the issues highlighted in this report including options for:

 

i)        the existing parking coupon system;

ii)       eligibility criteria for a local exemption, be it residents, ratepayers or workers;

iii)      potential allocation limits, for example number of vehicle exemptions or discounts per dwelling or workplace, and the cost for extra allocations above the prescribed allocation;

iv)      changes to parking time limits; and

v)      the application of a resident permit parking scheme.

 

f)       a further report is provided to Council during February 2015 for a final decision on the introduction of pay parking for Byron Bay and other recommendations contained in the TTM Byron Parking Study report.                                                                    (Spooner/Richardson)

 

PROCEDURAL MOTIONS

 

14-647

Resolved that Cr Spooner be granted a two minute extension to his speech.             (Ibrahim/Dey)

The motion was put to the vote and declared carried.

14-648

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

          (Richardson/Spooner)

The motion was put to the vote and declared carried.

The motion (Spooner/Richardson) was put to the vote and declared carried.
Crs Ibrahim, Cubis, Woods and Wanchap voted against the motion.

 


 

 

Notices of Motion

 

Notice of Motion No. 9.1     Federal Park hitching rail proposal

File No:                                  I2014/75

 

14-649

Resolved:

1.       That Council support the erection of a hitching rail in Federal Park.

 

2.       That Council:

 

          a)      Identify a budget to provide a compliant hitching post;

                    or if a budget can not be identified

          b)      erect the hitching post once provided by the horse riding community.

(Richardson/Cubis)

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.2     Collaboratively preparing a rail corridor project that responds to Byron's needs

File No:                                  I2014/78

 

 

This Notice of Motion was withdrawn by Cr Richardson.

 

 

 

Notice of Motion No. 9.3     Representation on NOROC

File No:                                  I2014/84

 

 

Moved:

1.       That Council: 

a)    indicate to NOROC and to the Councillors of NOROC’s five other constituent Councils that representation by one elected representative (the Mayor) from each Council is limiting; and 

b)    ask NOROC to expand its composition to: 

(i)    two delegates per Council (possibly but not necessarily including their Mayor) determined by each Council, possibly with annual or 2-yearly rotation; 

(ii)   include third and fourth (Alternate) delegates, to cover absences of the two appointed.                                                                                                 (Dey/Woods)

 

The motion was put to the vote and declared lost.

Crs Ibrahim, Cubis, Richardson, Spooner and Hunter voted against the motion.

 

 

Petitions

The Mayor tabled a petition containing 525 signatures which states:

 

Object to the proposed introduction of paid parking into Byron Bay Streets, without exemption for Byron Shire residents and ratepayers, and the further proposals to reduce the number of 4 hour parking areas and possibly restrict adjoining streets without paid parking to residents of those streets…

 

 

Submissions and Grants

There were no submissions and grants.

 

 

Delegates' Reports

There were no delegates’ reports.

 

 

Staff Reports - General Manager

 

Report No. 13.1           Fit for the Future - Local Government Reform

File No:                        I2014/13

 

14-650

Resolved that Council:

1.       Expresses its broad support for the package of local government reforms outlined in the Fit for the Future program.

 

2.       Supports the Independent Local Government Review Panel’s recommendation that Byron Shire Council is of sufficient scale and capacity to warrant it being able to continue as an autonomous local government authority.

 

3.       Undertakes to submit a Council Improvement Proposal to the Office of Local Government by 30 June 2015 in accordance with the guidelines and templates distributed and based upon the Council’s successful implementation of its Financial Sustainability initiatives.

 

4.       Supports the establishment of a Northern Rivers Joint Organisation but with more elected representation than just mayors and looks forward to contributing to the development of its purpose, functions and governance in collaboration with other Northern Rivers councils and the Office of Local Government.                                                                           (Dey/Woods)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.2           Events and Festivals Sponsorship Fund

File No:                        I2014/29

 

14-651

Resolved:

1.       That Council endorse the proposed financial allocation of the Events and Festival Sponsorship Fund, with the following changes: The $10,000 of available funds will be split between up to 5 events, from those considered to fit within either 'Significant Homegrown’ and ‘Emerging’ categories. across the Shire.

 

2.       That Council endorse the proposed application process, with two application windows per year established.

 

3.       That preference will be given to those events and festivals that have occurred less than three times.

 

4.       That Council endorse the Fund to support the outcome to embed sustainability practices into local events and/or provide sponsorship. 

 

5.       That the final decision regarding successful applicants be made by the General Manager under Delegated Authority.

 

6.       That all assessment forms be changed to reflect the changes above.    (Richardson/Ibrahim)

 

The motion was put to the vote and declared carried.

Cr Cameron voted against the motion.

 

 

 

Report No. 13.3           Bay Lane Activation Report

File No:                        I2014/31

 

14-652

Resolved:

1.       That Council note the overview of Bay Lane Activation and feedback from stakeholders presented in this report.

 

2.       That Councillors receive an update clarifying the costs, revenues and budget outcomes of the project.

 

3.       That Council receive a report that:

a)      explores the cost of basic infrastructure that would contribute to pedestrian safety and enable future laneway activations e.g. removable bollards.

b)      explores the development of an Event Management Package that could be presented to third parties to produce future laneway activations                         (Cameron/Woods)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.4           General Manager's Performance Review Committee

File No:                        I2014/72

 

14-653

Resolved that in addition to the Mayor and the Deputy Mayor,  Councillors Cameron and Woods be appointed to the  General Manager’s Performance Review Committee.         (Woods/Cameron)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.6           Lease Assignment - RJ Palmer to Skydive Australia Group Pty Ltd

File No:                        I2014/11

 

14-654

Resolved:

1.       That Council authorise the General Manager to negotiate and grant a Deed of Assignment of the Lease between Council and Raymond John Palmer to a corporate entity named Skydive Australia Group Pty Ltd, subject to existing lease terms and conditions continuing as amended by the Deed of Variation executed on 20 August 2010.

 

2.       That Council authorise the General Manager to affix the Council Seal to the Deed of Assignment of Lease from Raymond John Palmer to Skydive Australia Group Pty Ltd in accordance with Regulation 400 of the Local Government (General) Regulations 2005.

 

3.       That Council decline to vary the terms and conditions of the current lease with Raymond John Palmer to extend the termination term from 3 months to 12 months and instead authorise the General Manager to execute a short term lease to the existing Skydive Australia Group Pty Ltd lease with the following amendments;

 

a)    Lease term to be extended for a period of 12 months, plus an additional 12 month option to be exercised by Skydive Australia Group. 

b)    The termination notice period to be increased from 3 months to 6 months. 

​c)    Rent to be increased to $30,000 per annum for the first year. 

d)    Rent for the second year option will be determined on a market valuation completed by Council prior to the conclusion of the first year term.

 

4.       That Council decline the offer of capital investment in the Airfield as it raises significant probity and value for money issues, and instead authorise the General Manager to consider capital investments from proponents as part of the future  competitive process to offer future and longer-term tenancy agreements once Council has determined the future strategic direction of the Airfield and completed the necessary compliance and safety works required to enable that competitive process

 

5.       That it is intended that the extension to the existing lease term is aligned with the time frame required by Council to complete the compliance and safety works at the Airfield which are necessary to enable the offering of future and longer-term tenancy agreements via an open competitive selection process such as a tender or expression of interest. 

 (Ibrahim/Woods)

The motion was put to the vote and declared carried.

Cr Cameron voted against the motion.

 

 

 

Report No. 13.8           2015 Compliance Priorities Program

File No:                        I2014/14

 

14-655

Resolved:

1.       That this report be noted.

 

2.       That the proposed 2015 Compliance Priorities Program (Attachment 1 on page 114) be adopted.

 

3.       That Council develops compliance guidelines for the conduct of large private parties in rural settings and advertises the guidelines to the community.                                (Ibrahim/Woods)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.15         Monthly Financial Reporting

File No:                        I2014/47

 

14-656

Resolved that Council adopt the form and content of the new Monthly Financial Report Template attached to this report and the report be provided separately to Councillors monthly for information.                                                                                                                    (Hunter/Cubis)

The motion was put to the vote and declared carried.

 


 

 

 

 

Report No. 13.17         Tyagarah Airfield Future Options

File No:                        I2014/19

 

14-657

Resolved:

1.       That Council reaffirm its commitment to the continued operation of Tyagarah Airfield.

 

2.       That Council consider funding additional costs, to the value of $105,000, required to complete the identified assessments and investigations as part of the 31 December 2014 quarter budget review.

         

2.       That on completion of the required assessments and investigations, The Airport Group provide Council with a final report containing the preferred strategic future option and management model with a cost/benefit analysis or business case supporting the recommendations for Tyagarah Airfield.

 

3.       That funding allocation for the capital works identified to date be considered in the 2015/16 financial year budget.

 

4.       That Council consent, as the land owner, to the lodgement of the subdivision development application at Tyagarah Airfield.                                                                       (Ibrahim/Woods)

 

 

Amendment

Moved:

1.       That Council reaffirm its commitment to the continued operation of Tyagarah Airfield, subject to consideration of a report on ecological impacts of the tree clearing required for the airfield.

 

2.       That Council consider funding additional costs, to the value of $105,000, required to complete the identified assessments and investigations as part of the 31 December 2014 quarter budget review.

         

2.       That on completion of the required assessments and investigations, The Airport Group provide Council with a final report containing the preferred strategic future option and management model with a cost/benefit analysis or business case supporting the recommendations for Tyagarah Airfield.

 

3.       That funding allocation for the capital works identified to date be considered in the 2015/16 financial year budget.

 

4.       That Council consent, as the land owner, to the lodgement of the subdivision development application at Tyagarah Airfield.                                                                     (Dey/Richardson)

 

The amendment was put to the vote and declared lost.

Crs Ibrahim, Cubis, Woods, Wanchap, Spooner and Hunter voted against the amendment.

 

The motion was put to the vote and declared carried.

 

 


 

 

URGENCY MOTION

 

 

Urgency No. 1             Interim Heritage Order Coastal Cypress Pine Trees - Terrace Caravan Park

 

 

The Mayor ruled that the matter of an interim heritage order for coastal cypress pine trees was a matter of great urgency.

14-658

Resolved:

1.    That Council make urgent submissions to the Minister for Heritage , the Hon Rob Stokes requesting that he makes an Interim Heritage Order over the Coastal Cypress Trees that were planted by the local Community in what was known at that time as “ Brunswick Heads World War 1 Memorial Park” and is now The Terrace Caravan Park.

2.    That Council staff work with community members to identify and map these trees which were originally planted in rows in order to assist the Minister in making the IHO.                                                                                                                        (Woods/Richardson)

The motion was put to the vote and declared carried.

 

 

There being no further business the meeting concluded at 3.28pm.

 

 

 

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

as confirmed at Council’s Ordinary Meeting on 5 February 2015.

 

 

 

 

….…………………………

Mayor Simon Richardson