Minutes
Ordinary
Meeting
Thursday,
20 September 2018
Ordinary Meeting
Minutes
INDEX OF ITEMS DISCUSSED
The following
items are listed in the order in which they were dealt with.
Report No. 11.1 Byron Shire
Council Submissions and Grants as at 29 August 2018. 8
Report No. 13.1 Classification
of Lots 188 DP 728535, Lot 1 DP 1159861 and Lot 138 DP 755722, (the former
Mullumbimby Hospital site). 8
Report No. 13.2 Consolidation
of 12 Lots in DP 4974 into two new Lots. 8
Report No. 13.3 Lease
for Massinger Street treehouse. 8
Report No. 13.5 Report
of the Public Art Panel Meeting 3 August, including proposed amendments
to the Public Art Chapter of the Development Control Plan. 9
Report No. 13.6 Investments
August 2018. 9
Report No. 13.7 PLANNING
- Development Application 10.2017.683.1 Stage 1: Boundary Adjustment
Subdivision to Create Two (2) Lots and Demolition of Existing Swimming Pool.
Stage 2: Alterations and Additions to Existing Dwelling House and New Driveway
on Proposed Lot 1, New Dwelling House and Studio above Existing Garage on
Proposed Lot 2 at 2 Tincogan Street, Mullumbimby. 9
Report No. 13.10 PLANNING -
26.2017.5.1 Planning Proposal to activate the Rail Corridor Byron Bay: Post
Exhibition Report 10
Report No. 13.11 Report of the
Planning Review Committee Meeting held on 9 August 2018. 10
Report No. 13.12 Local
Heritage Places Grants 2018-19. 10
Report No. 13.13 PLANNING - Development
Application 10.2018.233.1 Mobile Telecommunications Facility including 35 metre
Monopole, Six (6) antennae and ancillary equipment at Wilsons Creek Road,
Wilsons Creek. 10
Report No. 13.15 PLANNING -
Development Application 10.2017.742.1 Alterations and Additions to Existing
Dwelling House including New Swimming Pool and Spa, New Dwelling House to
Create a Dual Occupancy (detached) and Two (2) Studios at 219 The Saddle Road
Brunswick Heads 11
Report No. 13.21 Bayshore
Drive Roundabout - Project Update. 12
Report No. 13.22 Suffolk
Beachfront Holiday Park - Re-classification Planning for Permanent Residents 12
Report No. 13.24 Spelling
Error of Historical Significance. 12
Report No. 13.25 Naming of 2
Unnamed Roads - Tims Lane in Broken Head and Blackwell Alley in Bangalow 12
Report No. 13.26 Renaming
Northern Part of Granuaille Crescent on Bangalow Cemetery side of the Pacific
Highway. 12
Report No. 13.28 Mullumbimby
Skate Park. 13
Report No. 14.1 Report
of the Audit, Risk and Improvement Committee Meeting held on 16 August 2018 13
Report No. 14.2 Report
of the Finance Advisory Committee Meeting held on 16 August 2018. 14
Report No. 14.3 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 16
August 2018. 16
Report No. 16.1 CONFIDENTIAL
- Grant of lease to Preferred Tenderer for the operation and management of the
Byron tennis courts. 17
Report No. 16.3 CONFIDENTIAL
- Reuse Irrigation. 18
Notice of Motion No.
9.1 Anti-Vaccination
Groups. 18
Report No. 13.9 PLANNING
- 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary
Community Engagement 19
Report No. 13.16 Approval to
Operate a Caravan Park and Camping Ground application under section 68 of the
Local Government Act 1993 and Regulations 2005 for The Terrace Reserve Holiday
Park. 19
Report No. 13.18 PLANNING -
DA2017.516.1 - Subdivison to Create 4 Lots,8 Coomburra Cr, Ocean Shores 20
Report No. 13.27 Mullumbimby
Rugby League Club S64 Contributions. 21
Mayoral Minute No.
8.1 An
Official Byron Shire Australia Day event that reflects an inclusive, reasonable
and reflective Australia. 21
Notice of Motion No.
9.2 Drainage
concern about stormwater flowing under Ewingsdale Road, from the Byron
Industrial Estate. 22
Report No. 13.4 Election
of Deputy Mayor 2018-2019. 23
Report No. 13.8 Bushfire
Prone Land Mapping. 23
Report No. 13.14 Proposed
Flying Fox Project Reference Group. 23
Report No. 13.17 Update -
Byron Housing Roundtable and Residential Strategy. 24
Report No. 13.19 Suffolk
Beachfront Holiday Park Dog Friendly Report 24
Report No. 13.20 Parking Time
Changes in Mullumbimby, Bangalow and Brunswick Heads - Status
Report 25
Report No. 13.23 Targa
Restaurant Footpath Dining Application, 11 Marvell Street, Byron Bay. 25
Report No. 16.2 CONFIDENTIAL
- Tender 2018-0018 - Multi Use Byron Shire Rail Corridor 26
No. Urgency No. 1 Matter of Urgency - In Principle
Support for Drought Relief 27
No. Ugency No. 2 2018 LGNSW Conference
Voting Delegates. 27
No. Urgency No. 3 Membership - Audit, Risk, and
Improvement Committee. 27
Ordinary Meeting
Minutes
20 September 2018
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 20 September 2018
COMMENCING AT 9:04AM
AND CONCLUDING AT 3:10PM
I2018/1747
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr J Hackett, Cr A Hunter, Cr M Lyon,
Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (General Manager)
James
Brickley (Acting Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Rob
Van Iersel (Major Projects Planner) – item 13.9
Peter
Rees (Manager Utilities) – item 13.27
Sharyn
French (Manager Environmental and Economic Planning) – item 13.8
Michael
Matthews (Manager Open Spaces and Resource Recovery) – item 13.19
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:
9.1 Anti-Vaccination
Groups
Heidi Robertson on behalf of the Northern Rivers
Vaccination Supporters addressed Council in favour of the recommendation.
John Anderson addressed Council against the
recommendation.
13.13 PLANNING
- Development Application 10.2018.233.1 Mobile Telecommunications Facility
including 35 metre Monopole, Six (6) antennae and ancillary equipment at
Wilsons Creek Road, Wilsons Creek
Stephen Toneguzzo on behalf of ECSFR addressed Council in
favour of the recommendation.
13.9 PLANNING
- 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary
Community Engagement
Jack Dods addressed Council in favour of the
recommendation.
13.16 Approval
to Operate a Caravan Park and Camping Ground application under section 68 of
the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve
Holiday Park
Steve Edmonds on behalf of Reflections Holiday Parks addressed
Council in favour of the recommendation.
Sean O’Meara on behalf of Brunswick Heads Progress
Association and Asren Pugh addressed Council against the recommendation.
13.18 PLANNING
- DA2017.516.1 - Subdivision to Create 4 Lots,8 Coomburra Cr, Ocean Shores
Bill Payne on behalf of Ardill Payne and Partners addressed
Council in favour of the recommendation.
Olga Trez and Heidi Geotrost addressed Council against
the recommendation.
13.27 S94
Contributions from Mullumbimby Leagues Club
Barry Stenner on behalf of Mullumbimby Rugby League
Football Club addressed Council against the recommendation.
Submission No. 1 Potholes on Coolamon Ave Mullumbimby
Ivan Saric made a submission to Council regarding potholes
on Coolamon Ave Mullumbimby.
Submission No. 2 Answer v Response
John Anderson made a submission to Council regarding what
constitutes an answer versus a response.
Question
No. 1
John Anderson asked the following question:
Is it the case that at some stage early on in your
Mayoralty a developer or group of developers took you for a free helicopter
ride over the shire to show you how much room there is for further development,
and if so, why did you not declare this trip in the pecuniary interest register
and is it true that you asked Hans Lovejoy to keep the trip off the public
record?
Cr Richardson responded to the question:
No, therefore no, and no.
The meeting adjourned at 10.26am and reconvened at 10:52am.
13.13 PLANNING
- Development Application 10.2018.233.1 Mobile Telecommunications Facility
including 35 metre Monopole, Six (6) antennae and ancillary equipment at
Wilsons Creek Road, Wilsons Creek
Kuda Dzinotizei and George Mikhael addressed Council against
the recommendation.
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
Corporate and Community Services
Report No. 13.4 Election
of Deputy Mayor 2018-2019
Sustainable Environment and Economy
Report No. 13.8 Bushfire
Prone Land Mapping
Report No. 13.9 PLANNING
- 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of Preliminary
Community Engagement
Report No. 13.14 Proposed
Flying Fox Project Reference Group
Report No. 13.16 Approval
to Operate a Caravan Park and Camping Ground application under section 68 of
the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve
Holiday Park
Report No. 13.17 Update - Byron
Housing Roundtable and Residential Strategy
Report No. 13.18 PLANNING -
DA2017.516.1 - Subdivison to Create 4 Lots,8 Coomburra Cr, Ocean Shores
Infrastructure Services
Report No. 13.19 Suffolk
Beachfront Holiday Park Dog Friendly Report
Report No. 13.20 Parking Time
Changes in Mullumbimby, Bangalow and Brunswick Heads - Status
Report
Report
No. 13.23 Targa Restaurant Footpath Dining Application,
11 Marvell Street, Byron Bay
Report No. 13.27 Mullumbimby
Rugby League Club S64 Contributions
Confidential Reports
General Manager
Sustainable Environment and Economy
Report No. 16.2 Confidential - Tender 2018-0018 - Multi
Use Byron Shire Rail Corridor
Infrastructure Services
Late Reports
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Hunter. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 18-571 and concluding
with Resolution No. 18-607.
SUBMISSIONS AND GRANTS
|
Report No. 11.1 Byron
Shire Council Submissions and Grants as at 29 August 2018
File No: I2018/1698
|
18-571
|
Resolved that Council note the report and attachment
(#E2018/74102) for the Byron Shire Council Submissions and Grants as at 29
August 2018.
(Richardson/Hunter)
|
Staff Reports - General Manager
|
Report No. 13.1 Classification
of Lots 188 DP 728535, Lot 1 DP 1159861 and Lot 138 DP 755722, (the former
Mullumbimby Hospital site).
File No: I2018/1598
|
18-572
|
Resolved that Council, having resolved to acquire Lots 188
DP 728535, Lot 1 DP 1159861 and Lot 138 DP 755722, (the former Mullumbimby
Hospital site), by purchase from Health Administration Corporation, classify
the land comprising Lots 188 DP 728535, Lot 1 DP 1159861 and Lot 138 DP
755722 as “operational land” under the Byron Local Environmental
Plan.
(Richardson/Hunter)
|
|
Report No. 13.2 Consolidation
of 12 Lots in DP 4974 into two new Lots
File No: I2018/1527
|
18-573
|
Resolved:
1. That
Council endorse the Consolidation of twelve (12) Lots into two (2) allotments
with the first allotment to cover part of Lots 1-5 and the second allotment
to cover all remaining land as per image 1 for the purposes of complying with
condition 21 of development consent 10.2017.598.1.
2. That
Council allocate a budget of $8,000, with funding provided from the Property
Development Reserve, to fund the work required for the consolidation of 12
lots in DP 4974 into two new lots.
(Richardson/Hunter)
|
|
Report No. 13.3 Lease
for Massinger Street treehouse
File No: I2018/1685
|
18-574
|
Resolved:
1. That
Council consider all submissions received in attachment 4 (E2018/72737) from
the public notice on the proposed lease to Ms Coppin over an unused portion
of road reserve adjoining 77 Massinger Street Byron Bay; and
2. That
Council consider documents provided by Ms Coppin in attachments 1 to 3
(E2018/72552, E2018/72554, E2018/72557); and
3. That
Council delegate the General Manager authority to enter into a twelve month
lease over the unused public road being that part of the public road
adjoining the property at 77 Massinger Street Byron Bay in accordance with
s153(1) of the Roads Act 1993 (NSW).
(Richardson/Hunter)
|
Staff Reports – Corporate and
Community Services
|
Report No. 13.5 Report
of the Public Art Panel Meeting 3 August, including proposed amendments
to the Public Art Chapter of the Development Control Plan
File No: I2018/1436
|
18-575
|
Resolved that with respect to the Public Art Panel meeting
held on 3 August 2018, Council:
1. Note
that the Public Art Panel has considered each artwork submission for the
Brunswick Nature Sculpture Walk, for consistency with the Council’s
Public Art Policy, Strategy and Guidelines and Criteria.
2. Note
that the event organisers have engaged structural engineers (Ardill Payne and
Partners) to assess the installation of the artworks prior to the event
opening and access by the general public.
3. Accept
the two proposed permanent artworks as a legacy of the Brunswick Nature
Sculpture Walk - Allen Horstmanhoff’s Artefact of Things Past and
the Labyrinth in the locations identified, noting that:
a) an
agreement has been reached with the artist for the Labyrinth that the artist
will maintain the artwork once installed
b) the
judges for the permanent acquisition prize, to which Council contributed
financially, include members of the Public Art Panel.
4. Note
that the Public Art Panel has recommended an amendment to Byron DCP 2014
Chapter D8 – Public Art.
5. Receive
a Strategic Planning Workshop to consider the proposed DCP amendment followed
by a further report to Council.
(Richardson/Hunter)
|
|
Report No. 13.6 Investments
August 2018
File No: I2018/1593
|
18-576
|
Resolved that the
report listing Council’s investments and overall cash position as at 31
August 2018 be noted.
(Richardson/Hunter)
|
Staff Reports – Sustainable
Environment and Economy
|
Report No. 13.7 PLANNING
- Development Application 10.2017.683.1 Stage 1: Boundary Adjustment
Subdivision to Create Two (2) Lots and Demolition of Existing Swimming Pool.
Stage 2: Alterations and Additions to Existing Dwelling House and New
Driveway on Proposed Lot 1, New Dwelling House and Studio above Existing
Garage on Proposed Lot 2 at 2 Tincogan Street, Mullumbimby
File No: I2018/1049
|
18-577
|
Resolved that pursuant to Section 4.16 of
the Environmental Planning & Assessment Act 1979, Development Application
10.2017.683.1 for Stage 1: boundary adjustment subdivision to create two (2)
lots and demolition of existing swimming pool; Stage 2:alterations and
additions to existing dwelling house, new dwelling house and studio above
existing garage on proposed lot 2, be granted
consent subject to the attached conditions of consent (#E2018/72625).
(Richardson/Hunter)
Crs Richardson, Cameron, Spooner, Hunter, Martin, Lyon,
Ndiaye and Hackett voted in favour of the motion.
Nil voted against the motion.
|
|
Report No. 13.10 PLANNING
- 26.2017.5.1 Planning Proposal to activate the Rail Corridor Byron Bay: Post
Exhibition Report
File No: I2018/1408
|
18-578
|
Resolved:
That Council:
1. Forward
Planning Proposal 26.2017.5.1 to amend Byron LEP 2014, as exhibited and
included at Attachment 1 (E2018/72385) to this report, to the Department of
Planning and Environment requesting that a draft LEP be prepared.
2. Advise
the Department of Council’s view that the proposed amendment to Byron
LEP 2014 should proceed despite the objection raised by the NSW Office of
Environment & Heritage given that the amendments proposed do not impact
on the need for future development to obtain approvals under the provisions
of the Heritage Act 1977.
(Richardson/Hunter)
Crs Richardson, Cameron, Spooner, Hunter, Martin, Lyon,
Ndiaye and Hackett voted in favour of the motion.
Nil voted against the motion.
|
|
Report No. 13.11 Report
of the Planning Review Committee Meeting held on 9 August 2018
File No: I2018/1516
|
18-579
|
Resolved: That Council note the report of the Planning
Review Committee meeting held on 9 August 2018.
(Richardson/Hunter)
|
|
Report No. 13.12 Local
Heritage Places Grants 2018-19
File No: I2018/1518
|
18-580
|
Resolved:
1. That Council receive the information
in the report on Local Heritage Places Grants 2018-19 and endorse the funding
recommendations made by the Heritage Panel on 30 August, 2018.
2. That staff notify all of the
grant applicants of Council’s decision.
(Richardson/Hunter)
|
|
Report No. 13.13 PLANNING
- Development Application 10.2018.233.1 Mobile Telecommunications Facility
including 35 metre Monopole, Six (6) antennae and ancillary equipment at
Wilsons Creek Road, Wilsons Creek
File No: I2018/1564
|
18-581
|
Resolved: That Pursuant
to Section 4.16 of the Environmental Planning & Assessment Act 1979,
Development Application 10.2018.233.1 for Mobile Phone Telecommunications
Facility including 35 metre high monopole, six (6) antennae and ancillary
equipment, be refused for the following reasons:
1. Pursuant
to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act
1979 the proposed development fails to comply with Clause 45 of State
Environmental Planning Policy (Infrastructure) 2007, having regards to its
proximity existing overhead power lines.
2. Pursuant
to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act
1979 the proposed development is inconsistent with objective (d) of the 7(c)
Water Catchment Zone as insufficient information has been provided to demonstrate
that the use is appropriate in terms of conserving or enhancing the
environmental amenity of the locality.
3. Pursuant
to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act
1979 the proposed development is inconsistent with Cause 40 (Height) of Byron
LEP 1988 and the SEPP 1 Objection has failed to demonstrate that compliance
with the development standard is unreasonable or or unnecessary in the circumstances of the case.
4. Pursuant
to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979,
the proposed development fails to satisfactorily address the environmental
impacts of the proposal including impacts on threatened species, populations
and ecological communities, nor does it meet the requirements under the
Biodiversity Conservation Act 2016.
5. Pursuant
to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979,
the site is considered unsuitable for the proposed development having regards
to the ecological values of the site and its proximity to surrounding
properties.
6. Pursuant to Section
4.15(1)(e) of the Environmental Planning and Assessment Act 1979 the proposed
development is not in the public interest having regards to the level of
community objection to the telecommunication tower.
(Richardson/Hunter)
Crs Richardson, Cameron, Spooner, Hunter, Martin, Lyon,
Ndiaye and Hackett voted in favour of the motion.
Nil voted against the motion.
|
|
Report No. 13.15 PLANNING
- Development Application 10.2017.742.1 Alterations and Additions to Existing
Dwelling House including New Swimming Pool and Spa, New Dwelling House to
Create a Dual Occupancy (detached) and Two (2) Studios at 219 The Saddle Road
Brunswick Heads
File No: I2018/1602
|
18-582
|
Resolved that pursuant to Section
4.16 of the Environmental Planning & Assessment Act 1979, Development Application
10.2017.742.1 for alterations and additions to existing dwelling house including new
swimming pool and spa, new dwelling house to create dual occupancy (detached)
and two (2) studios be granted consent subject to attached conditions.
(Richardson/Hunter)
Crs Richardson, Cameron, Spooner, Hunter, Martin, Lyon,
Ndiaye and Hackett voted in favour of the motion.
Nil voted against the motion.
|
Staff Reports – Infrastructure
Services
|
Report No. 13.21 Bayshore
Drive Roundabout - Project Update
File No: I2018/1087
|
18-583
|
Resolved that the status report on the five components of
the Bayshore Drive roundabout project be noted.
(Richardson/Hunter)
|
|
Report No. 13.22 Suffolk
Beachfront Holiday Park - Re-classification Planning for Permanent Residents
File No: I2018/1393
|
18-584
|
Resolved that Council:
1. Endorse
the Project Plan (E2018/61386) and Communication Strategy (E2018/61762) for
the current owners to transition to new site agreements and Regulation
Compliance Program.
2. Endorse
that any new home owners enter a new agreement that will set site fees at
“fair market value” as outlined in section 109 of Act and use the
“Non-fixed Method” for future site fee increases and specify a
term of agreement for no longer than 5 years.
3. Transfers
$20,000 from the Holiday Park Reserve to fund the implementation of the
actions within the project plan and communication strategy.
(Richardson/Hunter)
|
|
Report No. 13.24 Spelling
Error of Historical Significance "Hollingsworth" Lane should be
"Hollingworth" Lane Mullumbimby
File No: I2018/1526
|
18-585
|
Resolved:
1. That
Council endorse the name change of “Hollingsworth” Lane to
“Hollingworth” Lane Mullumbimby and send in the appropriate name
change application “Erratum” to NSW Gazette to be published.
2. That
Council have the 3 already erected street signs changed with the new spelling
“Hollingworth” Lane with costs to come out of the General Fund
for Sign Maintenance.
(Richardson/Hunter)
|
|
Report No. 13.25 Naming
of 2 Unnamed Roads - Tims Lane in Broken Head and Blackwell Alley in Bangalow
File No: I2018/1579
|
18-586
|
Resolved that Council
accept into the Byron Shire Street Name Register Tims Lane, Broken Head and
Blackwell Alley, Bangalow as official Gazetted names.
(Richardson/Hunter)
|
|
Report No. 13.26 Renaming
Northern Part of Granuaille Crescent on Bangalow Cemetery side of the Pacific
Highway
File No: I2018/1580
|
18-587
|
Resolved:
1.
That Council endorse the renaming of the
Northern part of Granuaille Crescent on the Bangalow Cemetery side of the
pacific highway to “Pioneers Crescent”.
2. That
the endorsed name be submitted to the NSW Geographical Names Board for
concurrence, advertising and Gazettal in accordance with regulation
requirements.
3. That
new street name signs be erected and funded from the General Fund for Sign
Maintenance.
(Richardson/Hunter)
|
|
Report No. 13.28 Mullumbimby
Skate Park
File No: I2018/1714
|
18-588
|
Resolved that Council allocate an additional $20,000 from
developer contributions (s94) in the Mullumbimby Open Space account to fund
the current funding shortfall for the lighting project upgrade at the
Mullumbimby Skate Park.
(Richardson/Hunter)
|
Committee Reports – Corporate
and Community Services
|
Report No. 14.1 Report
of the Audit, Risk and Improvement Committee Meeting held on 16 August 2018
File No: I2018/1588
|
18-589
|
Resolved that Council note the minutes of the Audit, Risk
and Improvement Committee Meeting held on 16 August 2018.
(Richardson/Hunter)
|
18-590
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 Internal Activity
& Progress Report - July 2018
File No:
I2018/1270
Committee
Recommendation 4.1.1
1. That
the Audit, Risk and Improvement Advisory Committee note the Internal Audit
Activity Report – July 2018 (#E2018/67716).
2. That
the Audit, Risk and Improvement Advisory Committee note the updated Internal
Audit Plan (#E2018/64849).
(Richardson/Hunter)
|
18-591
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.2 EPA Licence Audit
Review
File No:
I2018/1311
Committee
Recommendation 4.2.1
1. That
the Audit, Risk and Improvement Committee note the Environmental Protection
Authority (EPA) Controls internal audit review report.
2. That
the Audit, Risk and Improvement Committee request that management implement
the recommendations made in the report identified as Confidential Attachment
1 (#E2018/64759).
3. That
the report and Confidential Attachment 1 of the closed part of the meeting
remain confidential.
(Richardson/Hunter)
|
18-592
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.3 Business
Continuity Management Strategy
File No:
I2018/1310
Committee
Recommendation 4.3.1
That the Audit, Risk and
Improvement Advisory Committee:
1. Note the presentation on the draft
Business Continuity Management Strategy.
2. Note the draft Business
Continuity Management Strategy.
(Richardson/Hunter)
|
18-593
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.4 2018 Interim Audit
Management Letter
File No:
I2018/1358
Committee
Recommendation 4.4.1
That the comments provided by
Management in response to matters raised in the 2018 Interim Audit Management
Letter be noted by Council.
(Richardson/Hunter)
|
|
Report No. 14.2 Report
of the Finance Advisory Committee Meeting held on 16 August 2018
File No: I2018/1690
|
18-594
|
Resolved that
Council note the minutes of the Finance Advisory Committee Meeting held on 16
August 2018.
(Richardson/Hunter)
|
18-595
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.1 2017/18 Financial
Sustainability Plan - Update on the Action Implementation Plan as at 30 June
2018
File No:
I2018/942
Committee
Recommendation 4.1.1
1. That
the update report to 30 June 2018 on the 2017/2018 Financial Sustainability
Plan Action Implementation Plan (E2018/43656) be received and noted.
2. That
a separate Financial Sustainability Plan no longer be developed from the
2018/2019 financial year onwards as it will be incorporated into
Council’s Long Term Financial Plan.
(Richardson/Hunter)
|
18-596
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.2 Quarterly Update -
Implementation of Special Rate Variation
File No:
I2018/1442
Committee
Recommendation 4.2.1
That the Finance Advisory
Committee note the quarterly update on the Special Rate Variation
Implementation as at 30 June 2018.
(Richardson/Hunter)
|
18-597
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 4.3 Carryovers for
inclusion in the 2018/19 Budget
File No:
I2018/1522
Committee
Recommendation 4.3.1
That the Finance
Advisory Committee recommend to Council to note:
That the works and services, and
the respective funding shown in Attachment 1 (#E2018/66991) be carried over
from the 2017/2018 financial year and that the carryover budget allocations
be adopted as budget allocation revotes for inclusion in the 2018/2019 Budget
Estimates.
(Richardson/Hunter)
|
18-598
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 4.4 Budget Review 1
April 2018 to 30 June 2018
File No:
I2018/1524
Committee
Recommendation 4.4.1
That the Finance
Advisory Committee recommend to Council to note:
1. That
Council authorises the itemised budget variations as shown in Attachment 2
(#E2018/67079) which includes the following results in the 30 June 2018
Quarterly Review of the 2017/2018 Budget:
General Fund
- $0 change in Unrestricted Cash Result
a) General
Fund - $9,795,300 increase in reserves
b) Water
Fund - $1,899,300 increase in reserves.
c) Sewerage Fund -
$3,461,600 increase in reserves
(Richardson/Hunter)
|
18-599
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 4.5 2018/19 Annual
Procurement Plan
File No:
I2018/1533
Committee
Recommendation 4.5.1
That the Finance Advisory
Committee note the procurement savings achieved in 2017/18 and the proposed
program for 2018/19 as per Attachment 1 (E2018/63063)
(Richardson/Hunter)
|
18-600
|
Resolved: that Council adopt the following Committee Recommendation:
Report No. 4.6 Long Term
Financial Plan 2018-2028
File No:
I2018/1540
Committee
Recommendation 4.6.1
That the Finance Advisory
Committee note:
1. the
Working Draft of the 2018-2028 Long Term Financial Plan as provided at
Attachment 1 (#E2018/66626).
2. that
further work on the Draft 2018-2028 Long Term Financial Plan be undertaken
with a further revision to be provided to the Finance Advisory Committee for
consideration at its 15 November 2018 Meeting.
(Richardson/Hunter)
|
Committee Reports –
Infrastructure Services
|
Report No. 14.3 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 16
August 2018
File No: I2018/1675
|
18-601
|
Resolved that Council note the minutes of the Transport and
Infrastructure Advisory Committee Meeting held on 16 August 2018.
(Richardson/Hunter)
|
18-602
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 Transport Asset
Management Plan - Customer Levels of Service Survey
File No:
I2018/1315
Committee
Recommendation 4.1.1
That:
1. The
Transport Customer Levels of Service Report is noted.
2. Council
pursues other mediums such as short videos/messages to continue to educate
and engage with the community about customer levels of service, asset
condition and challenges associated with the transport network as detailed in
the draft Transport Asset Management Plan (TAMP).
3. The
Levels of Service detailed in the Transport Asset Management Plan (Section 4)
are adopted in accordance with the requirements of the 2018/19 adopted
Operations Plan, Action 1.1 (b).
4. That
the Transport and Infrastructure Advisory Committee continue to consider the
Levels of Service issues such as: driver behaviour, lower speed limits,
non-car owning road users, bus users, development of the Bike Strategy and
Action Plan (Bike Plan) and Pedestrian Access and Mobility Plan (PAMP).
(Richardson/Hunter)
|
18-603
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.2 Flight Neighbourly
Procedure Tyagarah
File No:
I2018/1334
Committee
Recommendation 4.2.1
That Council note the Fly
Neighbourly Procedure for Tyagarah Airfield.
(Richardson/Hunter)
|
18-604
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.3 Status Update -
Bike Plan and PAMP
File No:
I2018/1520
Committee
Recommendation 4.3.1
That Council note the status
update on the development of the Bike Strategy and Action Plan (Bike Plan)
and Pedestrian Access and Mobility Plan (PAMP).
(Richardson/Hunter)
|
18-605
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.4 2018/19 Local
Roads Capital Works Program and 2019/20 to 2028/29 ten (10) year Capital
Works Program - All Assets
File No:
I2018/1523
Committee
Recommendation 4.4.1
That Council note the actions
taken in delivering the 2018/19 Local Roads Capital Works Program.
(Richardson/Hunter)
|
CONFIDENTIAL REPORTS –
GENERAL MANAGER
|
Report No. 16.1 Confidential - Grant of lease to
Preferred Tenderer for the operation and management of the Byron tennis
courts
File No: I2018/1539
|
18-606
|
Resolved:
1. That
Council resolves to grant a five (5) year lease with a five (5) year option
to renew for the operation and management of the Byron tennis courts in folio
444/28/758207 and located at the corner of Tennyson and Carlyle Streets Byron
Bay to Andrew Bates Tennis Pty Ltd.
2. That
Council authorise the publication of the proposed grant of a five (5) year
lease with a five (5) year option to renew for the operation and management of
the Byron tennis courts to Andrew Bates Tennis Pty Ltd for a period of 28
days seeking public comment.
3. That
in the event no comments objecting to the grant of the lease are received,
that Council delegate to the General Manager the authority to consider all
submissions and enter into the lease referred to in 1 above.
4. That
in the event that objecting comments are received then Council make an
application for the consent from the NSW Minister for Local Government for
the lease, referred to in 1, to be granted.
(Richardson/Hunter)
|
CONFIDENTIAL REPORTS –
Infrastructure Services
|
Report No. 16.3 Confidential - Reuse Irrigation
File No: I2018/1577
|
18-607
|
Resolved:
1. That
Council award Tender 2018-0025 Supply and Install In-ground Irrigation to Turf
Irrigation Services.
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.
(Richardson/Hunter)
|
|
Procedural
Motion
|
18-608
|
Resolved that
Council change the order of business to deal with Reports 9.1, 13.9. 13.16,
13.18, and 13.27 next on the Agenda.
(Richardson/Spooner)
The motion was put to the vote and declared carried.
|
notices of motion
|
Notice of Motion No. 9.1 Anti-Vaccination
Groups
File No: I2018/1699
|
|
Moved:
That
Council:
1. Does
not accept bookings at any council facility from anti-vaccination groups or
individuals, and in particular the Australian Vaccination Risks Network,
formerly known as the Australian Vaccination Skeptics Network for the purposes
of promoting an anti- vaccination message.
2. Applies
this restriction while ever the Public Warning issued by the Health Care
Complaints Commission is in place.
(Spooner/Hackett)
The motion was put to the vote and declared lost.
Crs Cameron, Richardson, Ndiaye, Lyon, and Martin voted
against the motion.
|
Staff Reports - Sustainable
Environment and Economy
Cr Spooner declared a non-pecuniary non-significant
interest in this matter during the meeting. The interest being he leases a residential
property in the town centre. He elected to remain in the Chamber,
participate in the discussion and vote.
|
Report No. 13.9 PLANNING
- 26.2017.6.1 Byron Bay Town Centre Planning Controls - Results of
Preliminary Community Engagement
File No: I2018/1175
|
18-609
|
Resolved that
Council:
1. Forward
the Planning Proposal at Attachment 1 (#E2018/72394) to the NSW Department of
Planning and Environment for a Gateway Determination, to amend Byron Local
Environmental Plan 2014 in relation to various town planning controls
applicable to the Byron Bay Town Centre with the following amendments;
a. delete
and replace Section 2.2 Height of Buildings with the following:
2.2
Height of Buildings
1.
Amend the Height of Buildings Map by extending the area within the
Byron Bay Town Centre that is subject to a maximum height of 11.5m, to
include:
a) the
area bounded by Bay Lane to the north, Lawson Street to the south, Jonson
Street to the west and Middleton Street to the east; and
b) the
area bounded by Kingsley Street to the north and Browning Street to the
south, Jonson Street to the west and Middleton Lane and unnamed lane to the
east.
b. include
backpackers accommodation as a permissible use in the B3 Core Business Zone.
2. Agree
that staff can proceed to public exhibition of the Planning Proposal and
government agency consultation based on the Gateway Determination.
3. For
the purposes of community engagement, endorse the proposed amendment to Byron
Development Control Plan 2014 at Attachment 2 (#E2018/72398), to introduce a
new Chapter dealing with the Byron Bay Town Centre, to provide more detailed
design and building height controls, together with the appropriate amendments
to Part A of the DCP, and exhibit the draft Town Centre Chapter in
conjunction with the Planning Proposal.
(Spooner/Hunter)
Cr Richardson left the Chambers at 11:32am.
Cr Cameron took the chair.
Cr Richardson returned to the Chambers at 11:35am and
resumed the chair.
Cr Lyon left the Chambers at 11:45am
The motion was put to the
vote and declared carried.
Crs Richardson, Spooner, Hunter, Martin, Ndiaye and
Hackett voted in favour of the motion.
Cr Cameron voted against the motion.
Cr Lyon was not present for the vote.
Cr Lyon returned to the Chambers at 11:48am
|
|
Report No. 13.16 Approval
to Operate a Caravan Park and Camping Ground application under section 68 of
the Local Government Act 1993 and Regulations 2005 for The Terrace Reserve
Holiday Park
File No: I2018/1682
|
18-610
|
Resolved that Council grant approval under Chapter 7 of the Local Government
Act, 1993 and the Local Government (Caravan Parks, Camping Grounds and
Moveable Dwellings) Regulations 1995 to operate a caravan park or camping
ground on the property known as The Terrace Reserve Holiday Park subject to
the conditions in the staff compliance assessment report (Attachment 11
(#E2018/74849), with the inclusion of special condition Option B below,
imposed on the use of the Southern Area Precinct where a coastal cypress
pines community a known endangered ecological community is located.
OPTION B
1. No further use of or
activity within the Southern Area Precinct - Coastal Cypress Pines Community
is to occur from the date of the Approval to Operate and all existing
infrastructure (except the existing amenities facility) is to be removed
where it is deemed to be a safe option.
(Ndiaye/Spooner)
The motion was put to the vote and declared carried.
|
|
Report No. 13.18 PLANNING
- DA2017.516.1 - Subdivison to Create 4 Lots,8 Coomburra Cr, Ocean Shores
File No: I2018/1697
|
18-611
|
Resolved that
pursuant to Section 80 of the Environmental Planning & Assessment Act
1979, Development Application No. 10.2017.516.1 for subdivision to create
four (4) lots, be granted consent subject to conditions detailed in
Attachment 2 #E2018/73142 with amendments to conditions 3(h), 6(e),(f) and
(g), and 34 as highlighted below:
3.
Vegetation Management Plan
A Vegetation Management Plan
must be must be prepared, submitted to and approved by Council prior to the
issue of a Construction Certificate. Such plan must detail the location of
trees and vegetation to be removed and the location of compensatory plantings
in plan and word form at ratios indicated by Table 3: Compensation
requirements of Byron DCP 2014 Chapter B2 (Preservation of trees and other
vegetation). The plan must be include as a minimum:
a) Planting
List - Bangalow Palms to be removed from the list and the following
species included: Brush Box (Lophostemon confertus), Pink Bloodwood (Corymbia
intermedia Tuckeroo (Cupaniopsis anarcardioides) Celery Wood (Polyscias
elegans), Ribbonwood (Euroschinus falcatus), Guioa (Guioa semiglauca), Murrogun
(Cryptocarya microneura), Scrub Turpentine (Rhodamnia rubescens), Scentless
Rosewood (Synoum glandulosum subsp. glandulosum), Cheese Tree (Glochidion
ferdinandi), Tree Heath (Trochocarpa laurina), Blackwood (Acacia melanoxylon)
, Forest Oak (Allocasuarina torulosa), Blueberry Ash (Eleaeocarpus
reticulatus).
b) Planting
Design – a discrete area totalling 800m2 or greater must be defined
outside any development impact area,footprint or building envelope.
c) Propagule
Selection – local native nurseries to provide stock.
d) Implementation
Schedule – planting must commence upon issue of the construction
certificate and be maintained in good health in perpetuity.
e) Performance
Criteria – 100% survival of planted stock, replacement of any dead
plants.
f) Monitoring
and Evaluation – against performance criteria.
g) Adaptive
Management – with Council approval.
h) Reporting
Requirements – annually to Council for a five year period
6e) Slope
Adjustment
Lot 3 slope stability works in
accordance with the approved plan and the Geotechnical Stability Report (Ref.
No. 181147/1-B, Dated: 17 May 2018) undertaken by Shaw:Urquhart and any
subsequent geotechnical site investigation. Plans to include notes to ensure
works are carried out, supervised and certified as Controlled Fill in
accordance with the requirements of the current Australian Standards AS 3798.
Lot 3 to be brought into an Unlikely Risk Category for land slip/
subsidence.
f) Retaining
walls
Retaining walls with adequate
provision for drainage including collection of ground water/ subsurface
water and to be connected to the proposed inter-allotment drainage system.
34. Geotechnical
Report (Lot Classification)
A certificate from a practicing
Geotechnical Engineer must be provided in conjunction with a Lot
Classification Report prepared in accordance with Australian Standard
AS2870.1. Such certificate must certify that all vacant allotments have a
building site of adequate size and shape on each lot with an Unlikely Risk
Category from slip or subsidence.
(Lyon/Ndiaye)
Cr Ndiaye left the Chambers at 11:54am.
The motion was put to the vote and declared carried.
Crs Richardson, Cameron, Spooner, Hunter, Martin, Lyon
and Hackett voted in favour of the motion.
Nil voted against the motion.
Cr Ndiaye was not present for the vote.
Cr Ndiaye returned to the Chambers at 11:56am.
|
Staff Reports –
INFRASTRUCTURE SERVICES
|
Report No. 13.27 Mullumbimby
Rugby League Club S64 Contributions
File No: I2018/1703
|
18-612
|
Resolved:
1. That
Council levy s64 contributions due to be paid by the Mullumbimby Rugby League
Club for DA 10.2016.125.1, but at 50% of the 2004 rate to be paid over a 10
year period.
2. That
Council enter into negotiations with the Mullumbimby Rugby League Club to
supply recycled water to the site to a dual reticulation standard as a part
of the Main Arm Recycled Water Scheme.
3. That
the he cost of supplying the recycled water to the site to be borne by
Council (Water and Sewer s64 Funds)
(Hunter/Ndiaye)
The motion was put to the
vote and declared carried.
|
Mayoral
Minute
|
Mayoral Minute No. 8.1 An
Official Byron Shire Australia Day event that reflects an inclusive,
reasonable and reflective Australia
File No: I2018/1712
|
18-613
|
Resolved that Council:
1. Hold its Australia
Day event on 25 January
2. Invite local
custodians to assist in the development and management of the event
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Hackett, Spooner, and Hunter voted against the
motion.
|
|
Procedural
Motion
|
18-614
|
Resolved that Cr Spooner be granted a two minute extension
to his speech.
(Richardson/Hackett)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-615
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-616
|
Resolved that
Cr Richardson be granted a two minute extension to his speech.
(Ndiaye/Cameron)
The motion was put to the vote and declared carried.
|
Notices
of Motion
|
Notice of Motion No. 9.2 Drainage
concern about stormwater flowing under Ewingsdale Road, from the Byron
Industrial Estate
File No: I2018/1700
|
18-617
|
Resolved that,
in relation to drainage concerns raised by Belongil residents south of
Ewingsdale Road, Council:
a) undertake
an immediate review of current and possible drainage paths for catchments
leading to land at Melaleuca Drive and the Bayshore Drive intersection and
investigate options for alleviating or removing impacts and report to the
October 2018 Council meeting;
b) prepare
a "Belongil Catchment Issues Study” with the goal of then
preparing a Belongil Catchment Management Plan that addresses, amongst other
issues, that of drainage south of Ewingsdale Road and whether fill over large
areas will not cause waterlogging downstream;
c) allocate
$30,000 to prepare Belongil Catchment Issues Study for presentation to
Council in February 2019.
(Hackett/Cameron)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-618
|
Resolved that
Cr Hackett be granted a two minute extension to her speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Staff
Reports - Corporate and Community Services
|
Report No. 13.4 Election
of Deputy Mayor 2018-2019
File No: I2018/1360
|
18-619
|
Resolved that Council extend the period of Deputy Mayor to
the October 2018 meeting and defer the election of a new Deputy Mayor to the
next meeting of Council.
(Ndiaye/Richardson)
The motion was put to the vote and declared carried.
Cr Spooner and Hunter voted against the motion.
|
The meeting adjourned at 12:51pm for a lunch break and
reconvened at 1:57pm.
Staff
Reports - Sustainable Environment and Economy
|
Report No. 13.8 Bushfire
Prone Land Mapping
File No: I2018/1122
|
18-620
|
Resolved that Council submit the Bush Fire Prone Land Map
(Attachment 1 - E2018/16059) to NSW Rural Fire Services for the
Commissioner’s certification.
(Ndiaye/Richardson)
The motion was put to the vote and declared carried.
|
The meeting adjourned at 2:00pm for Reserve Trust and
reconvened at 2:12pm.
|
Report No. 13.14 Proposed
Flying Fox Project Reference Group
File No: I2018/1599
|
18-623
|
Resolved that
Council:
1. Appoint
the nominated eight (8) community members (Attachment 1 - E2018/70597), one
(1) wildlife carer representative and one (1) representative each from the
Office of Environment & Heritage and the Department of Industry Crown
land to the Flying-fox Project Reference Group.
2. Appoint
Cr Hunter to the Flying-fox Project Reference Group.
3. Staff
continue to identify two (2) community representatives from Butler Reserve
camp in Byron Bay.
4. Support
the draft Flying Fox Project Reference Group Constitution (Attachment 2 -
E2018/69378) to be further considered and reviewed at the first
Flying-fox Project Reference Group meeting in September / October 2018 and to
provide for measurable outcomes to support the Flying Fox Camp Management
Plan implementation.
(Hunter/Spooner)
The motion was put to the vote and declared carried.
|
|
Report No. 13.17 Update
- Byron Housing Roundtable and Residential Strategy
File No: I2018/1691
|
18-624
|
Resolved:
1. That Council
note the update provided by staff on the progress made towards the agreed
next steps the result of the Byron Housing Roundtable held 5 July 2018.
2. That
Council note that a draft Residential Strategy will be presented to Council
by the end of the year inclusive of a Charrette being held in November as
discussed in the report including up to 7 community and or business/ tourism
industry sector representatives as nominated by Councillors and discussed at
the next Strategic Planning Workshop.
3. That
Council allocate an additional $1,500 to the Residential Strategy Budget to
create a total budget of $20,000 to fund the estimated cost of the Charrette
with funding sourced from the Land and Natural Environment Reserve.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
Staff
Reports - Infrastructure Services
|
Report No. 13.19 Suffolk
Beachfront Holiday Park Dog Friendly Report
File No: I2018/1269
|
|
Moved that
Council:
1. Send
the staff report in 13.19 to the Biodiversity Advisory Committee for
assessment on potential impacts of the change in status of the Suffolk
Beachfront Holiday Park to a Dog Friendly Park on the surrounding environment
2. Receive
a report on the amount of known compliance issues with guests and residents
during the trial including but not limited to their method of access to the
beach.
(Lyon/Richardson)
|
AMENDMENT
18-625
|
Resolved:
1. That
Council adopt Suffolk Beachfront Holiday Park as a Dog Friendly Park in
accordance with the dog friendly site map, during off peak times
2. Request
that the Biodiversity Advisory Committee provide an assessment on potential
impacts of the change in status of the Suffolk Beachfront Holiday Park to a
Dog Friendly Park on the surrounding environment
3 That
Council increase ranger patrols in this area, as per availability, to ascertain
any increased non-compliance
(Spooner/Hackett) .
|
The amendment was put to the vote and declared carried.
Crs Lyon, Richardson voted against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried
Crs Lyon, Richardson voted against the motion.
|
Report No. 13.20 Parking
Time Changes in Mullumbimby, Bangalow and Brunswick Heads -
Status Report
File No: I2018/1437
|
18-626
|
Resolved:
1. That
Council note the status and proposed actions relating to the parking schemes
in Mullumbimby, Bangalow and Brunswick Heads
2. That
Council receive a further report detailing the performance review of the
parking schemes at Mullumbimby, Bangalow and Brunswick Heads at the April
2019 Council meeting.
3. That
within the current inactive zones associated with current parking layouts and
existing kerb blisters, Council undertake a 12 month trial to provide free
motorcycle and scooter parking spaces in the following:
1. Western
edge of the beach front car park at the north end of Jonson St.
2. On
southern edge of Bay St in front of the Beach Hotel.
3. The
eastern end of Lateen Lane (aka Lawson Lane in Google maps)
4. Council
car park at the north end of Middleton St.
4. That
the current parking spaces for motorbike / scooter parking in Wategos be
provided free of charge during the trial
(Richardson/Spooner)
The motion was put to the vote and declared carried.
|
|
Report No. 13.23 Targa
Restaurant Footpath Dining Application, 11 Marvell Street, Byron Bay
File No: I2018/1435
|
18-627
|
Resolved that Council
not grant landowners consent for Footpath Dinning, until the following has
occurred:
a) Consultation
with Byron Bay Masterplan Guidance Group and modified decking design in
accordance with guidance group recommendations.
b) The
applicant has submitted plans and documentation detailing how they will
comply with and manage Council’s Policy 4.20 - Building Over Pipelines
and Other Underground Structures.
c) The
applicant has submitted plans and documentation in relation to relocation of
traffic and parking signage in conflict with the deck including details of
the final signage locations and Council has indicated it is in agreement with
the proposed relocations.
d) The
applicant to agree in writing to make payment to Council for the cost of
Council to relocate traffic and parking signage and any other associated
works prior to any other work being carried out on site by the applicant.
e) The
applicant prepare a landscape plan that incorporates some of the unused kerb
space to ensure no net loss of green space in the immediate precinct.
(Richardson/Spooner)
The motion was put to the
vote and declared carried.
|
Confidential
Reports - Sustainable Environment and Economy
|
Report No. 16.2 Confidential - Tender 2018-0018 -
Multi Use Byron Shire Rail Corridor
File No: I2018/1676
|
|
Moved:
1. That
pursuant to Section 11(3) of the Local Government Act, 1993, resolve that
the Annexures to the report, Tender 2018-0018 - Multi
Use Byron Shire Rail Corridor are to be treated as confidential as they
relate to matters specified in s10A(2)c) and s10A(2)(d)i) of the
Local Government Act 1993.
2. That
Council not adopt the recommendation set out on the final page of the Report
3. That
Council not increase the project budget for the Multi Use of the Byron Rail
Corridor by an additional $50,000 funded from the Infrastructure Renewal
Reserve – Byron Bay that would specifically be raised through paid
parking fees collected in Byron Bay.
The motion was put to the vote and declared lost.
Crs Martin, Ndiaye, Lyon, Richardson, Cameron voted
against the motion.
(Spooner/Hackett)
|
FORESHADOWED MOTION
18-628
|
Resolved:
1. That
Council award Tender 2018 – 0018 for the Multi Use Byron Shire Rail Corridor
(Bangalow to Yelgun) to Arcadis Australia Pacific Pty Ltd.
2. That Council makes public its decision, including the name and
amount of the successful tenderer, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005
3. That Council increase the project budget for the Multi Use of the
Byron Rail Corridor by an additional $50,000 funded
from the unrestricted cash balance.
(Richardson/Cameron)
The motion was put to the vote and declared carried
Crs Hackett, Spooner, and Hunter voted against the
motion..
|
URGENCY MOTION
|
Procedural
Motion
|
18-629
|
Resolved that the matter of ‘In Principle Support for
Drought Relief’ be dealt with as a matter of urgency due to the dire
financial and economic conditions faced by those who will be recipients of
the assistance.
(Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
No. Urgency No. 1 Matter
of Urgency - Matter of Urgency - In Principle Support for Drought Relief
|
18-630
|
Resolved that Council:
1. Provide
in-principle support for the request for financial assistance to the
Mullumbimby Rural co-operative Society for Drought relief; and
2. Allocate
a budget of $3,000 in the 2018/2019 financial year funded from the current
2018-2019 Budget surplus $15,800
(Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
18-631
|
Resolved that Council consider this a matter of urgency as
the conference will be held prior to the next Ordinary Meeting of Council.
(Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
|
Urgency No. 2 Matter
of Urgency - 2018 LGNSW Conference Voting Delegates
|
18-632
|
Resolved that Council rescind resolution 18-515 to amend the 2018 LGNSW Annual Conference voting delegates to Cr Ndiaye,
Cr Lyon, and Cr Cameron.
(Lyon/Ndiaye)
The motion was put to the
vote and declared carried.
|
|
Procedural
Motion
|
18-633
|
Resolved that Council consider this matter as urgent as the
next meeting of the Audit, Risk, and Improvement Committee is 11 October
2018, prior to the next Ordinary Meeting of Council.
(Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
|
Urgency No. 3 Matter
of Urgency - Membership - Audit, Risk, and Improvement Committee
|
18-634
|
Resolved that Cr Simon Richardson be replaced by Cr Michael Lyon as a representative on the Audit, Risk, and Improvement Committee.
(Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
There being no further business the meeting concluded at 3:10pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 18 October 2018.
….…………………………
Mayor Simon Richardson