Minutes of Ordinary Meeting - Thursday, 27 August 2020

BYRON SHIRE COUNCIL

Ordinary Meeting Minutes 27 August 2020

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 27 August 2020 COMMENCING AT 9:09AM AND CONCLUDING AT 5:55PM

I2020/1243

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

VIRTUAL: Cr J Hackett and Cr P Spooner

Staff: Mark Arnold (General Manager)

Vanessa Adams (Director Corporate and Community Services)

Phil Holloway (Director Infrastructure Services)

Shannon Burt (Director Sustainable Environment and Economy)

Ralph James (Legal Counsel)

Andrew Pearce (Traffic Engineer) – Item 9.1

Chloe Dowsett (Coastal and Biodiversity Coordinator) – Item 9.2

Evan Elford (Manager Works) – Item 13.22

Heather Sills/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:

Public Access

Report No and Title		For/ Against	Name	Representing Organisation	Submission Received
6.1	Ordinary Meeting held on 25 June 2020	Against	John Anderson		Read out by staff member
9.1	Brunswick Heads Parking Scheme Review 2020 (Rescission Motion)	Against	Kim Rosen		In Person
10.1	Safer Communities – Waterlily Park	For	Suzanne Holt	Waterlily Park Play scape	In Person
13.7	Arts and Culture Policy- Submissions Report	For	Kerry Wright		In Person
13.17	Request for revocation of Dangerous Dog Order	For	Cathie-Anne McGrath		In Person
13.19	Unauthorised Dwellings Policy	Against	Duncan Dey		Zoom
13.20	Federal Village Project - Community Led Governance and Place Plan	For	Alan Goldstein	Federal Community Centre and Federal School of Arts Association	In Person
13.21	A request for a dedicated Jewish section at Clunes Cemetery	For	Simon McCormack	Byron Shire Chevra Kadisha	Read out by staff member
13.21	A request for a dedicated Jewish section at Clunes Cemetery	Against	John Anderson		Read out by staff member
13.24	Proposed lease to Brunswick Heads Surf Life Saving Club for redevelopment of the surf club	For	Raymond Linabury	Brunswick Surf Club	In Person

Procedural Motion

20-374

Resolved that Public Access be extended for an additional 45 minutes to 11am. (Richardson)

The motion was put to the vote and declared carried.

Public Access continued:

Report No and Title		For/ Against	Name	Representing Organisation	Submission Received
13.27	Seven Mile Beach Road & Broken Head Reserve Road - Update	Against	Alison Drover		Zoom
13.28	Rail Corridor Revitalisation Project - Final Design and Approval to Tender	Against	Jan Barham		Read out by staff member
13.30	Byron Bay Rugby and Cricket Refurbishment and upgrade of Change rooms and Canteen Byron Memorial Recreation Grounds	For	Chris Cubis	Byron Rugby & Byron Cricket	In Person
14.6	Report of the Water, Waste and Sewer Advisory Committee Meeting held on 30 July 2020	Against	Matthew O’Reilly		In Person
9.3	Pedestrian Safety and Amenity in Suffolk Park	For	Donald Maughan		In person

Submissions

Subject	Name	Submission Received
The code of conduct vs the freedom of speech	John Anderson	Read out by staff member
Residential Parking Permits	Matthew O’Reilly	In Person
Fire Report	Jan Barham	Read out by staff member
Use of Data	Roz Goodchild	In Person

Question No. 1 Paid Parking

Roz Goodchild asked the following question:

Cr Ndaiye, would you and other councillors be open to taking paid parking off the table for 5 years, as TPS recommended last round, so that the Bruns community can work with Council to tweak the time limits and zones, just as staff are currently doing with the Mullumbimby Chamber of Commerce?

Reservation of Items for Debate and Order of Business

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

Staff Reports

Corporate and Community Services

Report No. 13.7 Arts and Culture Policy - Submissions Report

Report No. 13.9 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2020

Report No. 13.10 Local Government NSW Annual Conference 2020

Report No. 13.15 Delivery Program 6-monthly Report and 2019/20 Operational Plan Fourth Report - Q4 - to 30 June 2020

Sustainable Environment and Economy

Report No. 13.18 Lot 12 Bayshore Drive - Site Strategy and Urban Design Protocol

Report No. 13.19 Unauthorised Dwellings Policy

Report No. 13.20 Federal Village Project - Community Led Governance and Place Plan

Infrastructure Services

Report No. 13.22 Proposal to rename Granuaille Crescent Bangalow

Report No. 13.24 Proposed lease to Brunswick Heads Surf Life Saving Club for redevelopment of the surf club

Report No. 13.25 Bus Shelter & Bus Stop Strategic Planning

Report No. 13.27 Seven Mile Beach Road & Broken Head Reserve Road - Update

Report No. 13.28 Rail Corridor Revitalisation Project - Final Design and Approval to Tender

Report No. 13.30 Byron Bay Rugby and Cricket Refurbishment and upgrade of Change rooms and Canteen Byron Memorial Recreation Grounds

Report No. 13.31 Submission to Reclassification of Regional Roads

Reports of Committees

Infrastructure Services

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

6.1 Bay Lane, Byron Bay - Proposed Closure Update

6.2 Event - Falls Festival

6.3 Events - Mullum2Bruns Paddle 20 September 2020

6.4 Events - Bangalow Billycart Derby 2020 - Byron Street Road Closure 20 September 2020

6.5 Byron to Suffolk Cycleway - Changes to Bangalow Road

7.1 Road Safety Awareness

7.2 Event - Chincogan Charge - 19 September 2020

7.3 Events - Byron Coast Charity Walk 12 September 2020

8.1 Event - Byron Sunrise Run and Swim (was Byron Triathlon) 18 October 2020

Report No. 14.6 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 30 July 2020

In accordance with her earlier declared interest in item 13.6 Cr Martin left the meeting at 11.38am.

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Lyon. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 20-376 and concluding with Resolution No. 20-406.

Submissions and Grants

Report No. 11.1 Grants and Submissions Report for August 2020

File No: I2020/1141

20-376

Resolved: that Council notes the report and Attachment 1 (E2020/57767) for Byron Shire Council’s Submissions and Grants as at 3 August 2020. (Richardson/Lyon)

Staff Reports - General Manager

Report No. 13.1 Request to change Railway Park Artisan Market day for one market only

File No: I2020/1129

20-377

Resolved: that Council, authorise the General Manager, under delegation, to vary the Railway Park Artisan Market Licence held by the Byron Bay Community Association Incorporated to move the scheduled 26 September 2020 market to 25 September 2020. (Richardson/Lyon)

Report No. 13.2 Licence to the Durrumbul Community Preschool Incorporated

File No: I2020/1159

20-378

Resolved: that Council, as the Crown Land Manager for Reservation 55796, delegate to the General Manager the authority to negotiate and enter into a new licence with the Durrumbul Community Preschool Incorporated over part Lot 5 DP 832186 as follows:

a) for a term of ten (10) years;

b) for the purpose of early childhood education and care;

c) annual rent set by the value of minimum Crown and thereafter increased by CPI all groups Sydney;

d) the Licensee to pay all outgoings other than annual fixed rates and charges;

e) all non-structural maintenance to be carried out by the Licensee at the Licensee’s cost; and

f) the Licensor to provide subsidised rent to the value of market rent as calculated at 6% of the land Unimproved Capital Value less rent payable by the Licensee set at minimum Crown rent. (Richardson/Lyon)

Staff Reports – Corporate and Community Services

Report No. 13.3 Council Investments - 1 July 2020 to 31 July 2020

File No: I2020/1152

20-379

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

Report No. 13.4 Council Investments - 1 June 2020 to 30 June 2020

File No: I2020/955

20-380

Resolved: that the report listing Council’s investments and overall cash position as at 30 June 2020 be noted. (Richardson/Lyon)

Report No. 13.32 Tender 2020-0023 - Byron Bay Bypass Construction of Acoustic At-Property Treatments

File No: I2020/1126

20-394

Resolved:

1. That Council award the contract to the organisation recommended in Attachment 1 (E2020/63822) on page 7 of the Confidential - 2020-0023 Request for Tender Evaluation Report.

2. That Council delegate to the General Manager the authority to administer the contract.

3. That Council authorise the affixing of the Council seal to all documents that may require it, in regards to the Contract.

4. 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.

5. That the Tender Evaluation Report remain confidential until the contract is finalised.

(Richardson/Lyon)

Reports of Committees - Sustainable Environment and Economy

Report No. 14.1 Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 January 2020

File No: I2020/929

20-395

Resolved: that Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 January 2020. (Richardson/Lyon)

20-396

Resolved: that Council adopts the following Committee recommendations:

Report No. 4.1 Update on Community Solar Incentive Schemes

File No: I2019/2139

Committee Recommendation 4.1.1

That the Sustainability and Emissions Reduction Advisory Committee note the report and recommend to Council to:

1. Not proceed with Environmental Upgrade Agreements for the Byron Shire, as the effort and potential costs to provide such a program are not equitable to the number of eligible properties.

2. In relation to Res 19-596, Council no longer invite Shay Singh from Sustainable Energy Foundation to present to Council and renewable energy community groups about the potential for commercial EUAs in Byron Shire.

3. Focus efforts towards communicating relevant NSW State and Federal energy efficiency programs and initiatives to the Byron Shire community.

4. Note that Council staff will be available to assist and support community organisations who wish to implement local school and/or residential solar programs and to contact Department of Education for possible regional solar installation. (Richardson/Lyon)

Report No. 14.2 Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 April 2020

File No: I2020/1071

20-397

Resolved: that Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 April 2020. (Richardson/Lyon)

Report No. 14.3 Report of the Heritage Panel Meeting held on 11 June 2020

File No: I2020/1186

20-398

Resolved: that Council note the minutes of the Heritage Panel Meeting held on 11 June 2020.

(Richardson/Lyon)

20-399

Resolved: that Council adopt the following Committee and Management Recommendations:

Report No. 4.1 Heritage Assessment 'Robinson Subdivision' Bangalow

File No: I2020/769

Committee Recommendation 4.1.1

That the Heritage Panel:

1. Request staff to update the State Heritage Inventory database for the existing Bangalow Heritage Conservation Area to include 9, 11, 13, 15 ,17, 25, Lismore Rd, Bangalow (group of workers cottages associated with George Reading) as contributory items in the Heritage Conservation Area inventory sheet.

2. Request staff to consult with the current landowners of 9, 11, 13, 15 ,17, 25, Lismore Rd, Bangalow (group of workers cottages associated with George Reading) and the NSW Heritage Office on 1 above and include their comments in the report to Council on the a LEP amendment planning proposal.

3. Note that item 2 is progressed only when a budget allocation is available, and or grant funding is obtained.

4. Request staff to initiate discussions with the Bangalow Community (through the Place Planning Collective) to identify heritage values important to the Bangalow Community past present and future.

5. Receive a report on the outcomes of 1-4 when actioned. (Richardson/Lyon)

20-400

Resolved that Council adopt the following Committee and Management Recommendations:

Report No. 4.2 Development application requirements for heritage conservation areas and heritage items

File No: I2020/771

Committee Recommendation 4.2.1

That the Heritage Panel:

1. Note the report on development application requirements for heritage conservation areas and heritage items.

2. Request staff to prepare a further report on development of priority action (d) “Manage heritage in the Byron Shire area in a positive manner” to enable community discussions and education regarding the application of heritage criteria (e.g. heritage walks, awards etc.).

(Richardson/Lyon)

20-401

Resolved that Council adopt the following Committee and Management Recommendations:

Report No. 4.3 Heritage Assessment ‘Carabene’ Ewingsdale Road Ewingsdale

File No: I2020/806

Committee Recommendation 4.3.1

That Heritage Panel:

1. Recommend that the homestead ‘Carabene’ due to its historical, historical associative and aesthetic and social significance be included on Schedule 5 of Byron LEP 2014 as a heritage item.

2. Request staff to consult with the current landowners of the homestead ‘Carabene’, and the NSW Heritage Office on 1 above and include their comments in the report to Council on the LEP amendment planning proposal.

3. Request the landowner to prepare a Conservation Management Plan for the homestead ‘Carabene’ to guide future conservation and reconstruction works (including the relocation of the front fence and gate for any future road widening purposes), and inform any future development application and or local heritage places grant application once listed.

(Richardson/Lyon)

Reports of Committees – Infrastructure Services

Report No. 14.4 Report of the Transport and Infrastructure Advisory Committee Meeting held on 30 July 2020

File No: I2020/1144

20-402

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

20-403

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2 Asset Management Policy Updated

File No: I2020/803

Committee Recommendation 4.2.1

That Council adopt the revised Asset Management Policy (E2020/4726) and is updated on Council’s website. (Richardson/Lyon)

20-404

Resolved that Council adopt the following Committee Recommendations:

Report No. 4.3 Byron Shire Integrated Transport Update

File No: I2020/892

Committee Recommendation 4.3.1

That Council resolve the following:

That the BSITS is reviewed by a working party of TIAC members, staff and consultants with the view to providing a final draft to the next TIAC meeting. (Richardson/Lyon)

20-405

Resolved that Council adopt the following Committee Recommendations:

Report No. 4.4 Road Safety Campaign Review

File No: I2020/893

Committee Recommendation 4.4.1

1. That TIAC recommend that signage be incorporated as part of the Coolamon Scenic Drive Project be accessed for road safety signage.

2. That Council seek approval to incorporate Road Safety signage /other measures within future Road Safety Upgrade projects.

3. The report be brought to next TIAC meeting focusing on road safety concerns and potential funding opportunities and that advice from TIAC members be sought regarding messaging and location for signs.

4. That Council consider an allocation of funds from Risk Management Reserve to address other areas not covered by Coolamon Scenic Drive Project.

5. That Council continue to liaise with TfNSW with regard to creating a Road Safety Officer position and planning road safety programs for the shire.

6. That Council continue developing a funding model for a Road Safety Officer.

(Richardson/Lyon)

20-406

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.5 Stormwater Assets Management

File No: I2020/1069

Committee Recommendation 4.5.1

That Council note the report. (Richardson/Lyon)

Cr Martin returned to the Chamber at 11.39am.

Procedural Motion

20-407

Resolved: that Council change the order of business to deal with Reports 9.1, 10.1, 13.7, 13.19, 13.20, 13.24, 13.27, 13.28, 13.30, 14.6, 9.3 next on the Agenda. (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Notices of Motion and Rescission

Notice of Rescission Motion No. 9.1 Brunswick Heads Parking Scheme Review

File No: I2020/1010

20-408

Resolved that Council rescind Resolution No. 13.21 from its Ordinary meeting held on 25 June 2020 which reads as follows:

1. That Council note the staff report.

2. That Council defer consideration of the Brunswick Heads Parking Scheme Review until after 30 June 2021 due to the continuing impacts and uncertainties of the COVID-19 crisis.

3. That Council continue to monitor parking demand within Brunswick Heads and parking occupancy rates within the existing 1P and 2P time limited areas and the area east of South Arm Bridge; and

4. That the report to the August 2021 Ordinary Meeting in response to the Recommendation from the TPS Report - Brunswick Heads Parking Scheme Review 2020 (Attachment 1, #E2020/29468) include a cost/benefit analysis and implementation plan for the introduction of a Pay Parking Scheme for Brunswick Heads incorporating:

a) Delivery Program;

b) Meter and sensor layouts;

c) Relevant time limit modifications;

d) Signs and line plan;

e) Permit system;

f) Business case with recommended pay parking fee rate and months over which the pay parking scheme should operate; and

g) Media and communications plan (Richardson/Ndiaye)

Procedural MotionS

20-409

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

The motion was put to the vote and declared carried.

20-410

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

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

20-411

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

The motion was put to the vote and declared carried.

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

Crs Cameron, Hunter, Hackett, and Spooner voted against the motion.

Moved:

1. That in relation to Consideration of proposed parking Scheme Changes within Brunswick Heads, Council:

a) Note the recommendations in the TPS Report Brunswick Heads Parking Scheme Review 2020 (Attachment 1, #E2020/29468) including the recommendation, “that Council should undertake a cost/benefit analysis with the objective to introducing metered parking into Brunswick Heads in order to address the capacity and compliance issues identified in this project” ; and

b) Defer consideration of this report until October 2020 Ordinary Council meeting due to the current impacts of the COVID-19 crisis.

c) Continue to monitor parking demand within Brunswick Heads and parking occupancy rates within the existing 1P and 2P time limited areas and the area east of South Arm Bridge; and

d) Not introduce pay parking to the CBD and Beach Precincts as identified in Figure 1.1n and table 1.2b until parking occupancy rates return to 80%

2. That the report to the October 2020 Ordinary in response to the Recommendation from the TPS Report – Brunswick Heads Parking Scheme Review 2020 (Attachment 1, #E2020\29468) include a cost benefit analysis and implementation plan for the introduction of Pay Parking Scheme for Brunswick Heads incorporating:

a) Delivery Program;

b) Meter and sensor layouts

c) Relevant time limit modifications;

d) Signs and line plan

e) Permit system, including a residential permit system;

f) Business case with recommended pay parking fee rate and months over which the pay parking scheme should operate; and

g) Media and communications plan. (Richardson/Ndiaye)

Procedural Motion

20-412

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

The motion was put to the vote and declared carried.

AMENDMENT

20-413

Resolved:

1. That in relation to consideration of proposed Parking Scheme changes within Brunswick Heads, Council:

a) Note the recommendations in the TPS Report - Brunswick Heads Parking Scheme Review 2020 (E2020/29468) including the recommendation "that Council should undertake a cost/benefit analysis with the objective to introducing metered parking into Brunswick Heads in order to address the capacity and compliance issues identified in this project”; and

b) Defer consideration of any changes to the Brunswick Heads Parking Scheme until the March 2022 Ordinary Council meeting due to the current impacts of the COVID-19 crisis.

c) Continue to monitor parking demand within Brunswick Heads and parking occupancy rates within the existing 1P and 2P time limited areas and the area east of South Arm Bridge; and

d) Not introduce pay parking to the CBD and Beach Precincts as identified in Figure 1.1b and Table 1.2b until parking occupancy rates return to 90% within the CBD Precinct.

2. That the report to the March 2022 Ordinary in response to the Recommendation from the TPS Report - Brunswick Heads Parking Scheme Review 2020 (E2020/29468) include a cost/benefit analysis and implementation plan for the introduction of a Pay Parking Scheme for Brunswick Heads incorporating:

a) Delivery Program;

b) Meter and sensor layouts;

c) Relevant time limit modifications;

d) Signs and line plan;

e) Permit system;

f) Business case with recommended pay parking fee rate and months over which the pay parking scheme should operate; and

g) Media and communications plan (Ndiaye/Spooner)

The amendment was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, and Richardson voted against the amendment.

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

Crs Coorey, Martin, Lyon, Richardson voted against the motion.

Procedural Motion

20-414

Resolved that Council change the order of business to deal with Report 13.7 next on the Agenda. (Richardson/Lyon)

The motion was put to the vote and declared carried.

Staff Reports - Corporate and Community Services

Report No. 13.7 Arts and Culture Policy - Submissions Report

File No: I2020/1060

20-415

Resolved:

1. That Council adopts the final Arts & Culture policy (attachment 1 #E2020/53603) which has been revised following consideration of the submissions received during public exhibition, with the removal of the additional definition wording in red on p2

2. That the Arts & Culture policy be reviewed in 12 months

3. That the Cultural policy 2008 (Policy3.42) (DM801769) be repealed. (Hackett/Ndiaye)

The motion was put to the vote and declared carried.

The meeting adjourned at 12:52pm for a lunch break and reconvened at 1.45pm.

Cr Hackett did not return at this time.

PETITIONS

Petition No. 10.1 Safer Communities - Waterlily Park

File No: I2020/933

20-416

Resolved that Council receive a Crime Prevention Through Environmental Design (CPTED) report for the Waterlilly Park precinct at the earliest possible Council meeting that considers the inclusion of CCTV and the positioning of other play scape elements such as future children’s swings. (Hunter/Lyon)

The motion was put to the vote and declared carried.

Cr Hackett was not present for the vote.

Staff Reports – Sustainable Environment and Economy

Report No. 13.19 Unauthorised Dwellings Policy

File No: I2020/1139

20-417

Resolved:

1. That Council endorses the Draft Byron Shire Unauthorised Dwellings Policy in Attachment 1 (E2020/59113) and places the document on public exhibition for minimum a period of 28 days.

2. That following exhibition, Council receives a further report detailing submissions made and potential ways forward. (Ndiaye/Lyon)

The motion was put to the vote and declared carried.

Cr Hackett was not present for the vote.

Report No. 13.20 Federal Village Project - Community Led Governance and Place Plan

File No: I2020/1175

20-418

Resolved that Council:

1. Endorse staff initiating work on a community led plan for the Federal Village.

2. Request staff to proceed with a community scoping meeting to be held during September/October, to explore the purpose and nature of the Federal Village plan and the process to prepare the plan.

3. Receive a further report on the outcomes of the community scoping meeting by or before the December meeting of Council.

4. Request staff to prepare a Draft Movement and Access Study as a foundation document for collaboration and co-design with the community, incorporating the following

a) Identify and map local transport networks (Roads, lanes, park, paths, shortcuts etc).

b) Identify and map transport infrastructure links beyond the Village precinct.

c) Identify all transport modes and services including school buses.

5. The Access and Movement mapping be used during scoping discussions to

a) Explore patterns of human movement in and around village as well as preferred routes and modes in and out of the Village.

b) Explore barriers, incentives and disincentives for particular modes (eg barriers to increasing active transport).

c) Identify visitor travel patterns, modes and behaviours. (Cameron/Hunter)

The motion was put to the vote and declared carried.

Cr Hackett was not present for the vote.

Report No. 13.30 Byron Bay Rugby and Cricket Refurbishment and upgrade of Change rooms and Canteen Byron Memorial Recreation Grounds

File No: I2020/1167

20-426

Resolved:

1. That Council supports the redevelopment of the amenities subject to a detailed design finalisation with staff that considers accessibility, CPTED, safety in design and BCA compliance and Functionality for both Rugby and Cricket clubs and advice NSW Office of Sport

2. That the terms of use are included in the Rugby and Cricket Clubs User Agreement

(Hunter/Coorey)

The motion was put to the vote and declared carried.

Reports of Committees - Infrastructure Services

Report No. 14.6 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 30 July 2020

File No: I2020/1173

20-427

Resolved:

1. That Council notes the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 30 July 2020.

2. That with regard to Report No. 4.2 Effects of water mining in Byron and surrounding shires on groundwater resources, that point 3 of the Management Recommendation in the minutes be amended to read as follows: That the report be brought to next WWSC and Coastal Estuary Catchment Panel meetings outlining water resourcing both commercial and domestic prior to any changes to the LEP the being undertaken.

3. That a report also be provided to the next meeting of the WWS committee that clarifies the advice from staff to the WWS Committee held on 30 July 2020 that, under the Byron LEP 2014 water mining for bottled water is not a permitted use in the RU1 and RU2 Zones” in the light of DA 10.2015.102.1 approved in July 2015 under the current BYRON LEP 2014 for a Rural industry (fruit juice production, winery and water bottling facility) at Huonbrook. (Coorey/Ndiaye)

20-428

Resolved that Council adopt the following Committee and Management Recommendations:

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

File No: I2020/879

Committee Recommendation 4.2.1

1. That Council note the report.

2. That Council introduce in next round of “housekeeping” for the LEP, a clause similar to Tweed Shire Council LEP clause 7.15 relating to groundwater extraction, but with no exception and no part (3).

3. That the report be brought to next WWSC and Coastal Estuary Catchment Panel meetings outlining water resourcing both commercial and domestic.

Management Recommendation

1. That Council note the report.

2. That Council introduce in next round of “housekeeping” for the LEP, a clause that prohibits Ground Water extraction as follows:

7.15 Industry—groundwater extraction, etc

(1) This clause applies to development for the purpose of industry, being a building or place at which groundwater is extracted, handled, treated, processed, stored, packed or transported offsite for commercial bottling and drinking purposes.

(2) Development to which this clause applies is prohibited on land to which this Plan applies similar to Tweed Shire Council LEP clause 7.15 relating to groundwater extraction, but with no exception and no part (3).

3. That the report be brought to next WWSC and Coastal Estuary Catchment Panel meetings outlining water resourcing both commercial and domestic.

4. That Council write to the relevant NSW Government Agency seeking a review of water extraction licenses in relation to the terms of such licenses prohibiting water being extracted for commercial bottling/ drinking purposes, and limiting extraction for on farm purposes such as irrigation of crops, watering of farm animals and other domestic purposes associated with the farm. (Coorey/Ndiaye)

20-429

Resolved that Council adopt the following Committee Recommendations:

Report No. 4.3 Byron STP Condition 9. Additional Load - Quarterly report

File No: I2020/1011

Committee Recommendation 4.3.1

1. That Council note the report.

2. That Council add actual volumes reused to the quarterly report. Coorey/Ndiaye)

20-430

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.4 Inflow and Infiltration - quarterly update

File No: I2020/1062

Committee Recommendation 4.4.1

That Council note the report. (Coorey/Ndiaye)

20-431

Resolved:

that Council adopt the following Committee Recommendations:

Report No. 4.5 Nutrient Loading in the Belongil Update

File No: I2020/1078

Committee Recommendation 4.5.1

1. That the Council note the update provided to resolution 20-243 in relation to nutrient loading in the Belongil catchment.

2. That Council consider amendment of Delivery Plan Action 1.5.2 to read "ensure our STPs meet or exceed EPA Licence conditions and don't negatively impact on their receiving environments". (Coorey/Ndiaye)

The motions (20-427 to 20-431) were put to the vote and declared carried.

Crs Hackett and Martin were not present for the vote.

Notice of Motion No. 9.3 Pedestrian Safety and Amenity in Suffolk Park

File No: I2020/1160

20-432

Resolved that Council:

1. Notes the advice from the Suffolk Park Progress Association regarding longstanding pedestrian access and safety issues on Broken Head Road, Beech Drive and Clifford Street.

2. Supports installation of marked pedestrian crossings as shown on the attached Pedestrian Amenity and Safety Plan at the following locations.

a) Broken Head Road adjacent to the nearby bus stops and the aged care home on the corner of Beech Drive.

b) Southern end of Beech Drive adjacent to bus stop at the existing raised platform on the road.

c) Clifford Street adjacent to the supermarket and shops.

3. With consultation, investigates further traffic calming and other treatments to slow traffic within the retail and service precinct as shown on the Pedestrian Amenity and Safety Plan including implementation of a 40kph or lower speed limit and a shared zone.

4. Notes that the proposed pedestrian crossings are consistent with project SP003 in the Bike Plan and projects SP003, SP005 and SP006 in the Pedestrian, Access and Movement Plan.

5. Refers the regulatory issues to the Local Traffic Committee to identify relevant regulatory requirements.

6. Identifies a funding pathway at the next Quarterly Budget Review and receive a further report. (Cameron/Richardson)

The motion was put to the vote and declared carried.

Crs Hackett and Martin were not present for the vote.

Amendment

Moved:

1. That Council endorses the top seven concept options outlined in Attachment 1 (E2020/40490) for key stakeholder and broader community engagement.

2. That Bluecoast undertake an assessment of a further ‘hybrid’ concept (Option 8) in accordance with the Project Objectives and provide feedback in the form of a Memo to Councillors on the feasibility of Option 8.

3. Depending on the outcome of Item # 2 above (Option 8) it may be added to the top seven concept options to progress to the next stage.

4. That Council receives the assessment report before or during the community engagement (whichever occurs first) on the feasibility of Option 8 and extends the exhibition period accordingly to receive comment on that option if necessary

5. That Council receives a final report on the community engagement detailing the submissions received and staff response to these submissions. (Ndiaye/Coorey)

The amendment was put to the vote and declared lost.

Crs Lyon, Richardson, Cameron, Hackett, Spooner, and Hunter voted against the amendment.

Cr Martin was not present for the vote.

The motion was put to the vote and declared carried.

Cr Martin was not present for the vote.

The Mayor left the meeting at 4.41pm and did not return.

The Deputy Mayor took the Chair

Notice of Motion No. 9.4 Street Lighting in Butler Street

File No: I2020/1191

Cr Hackett withdrew the Notice of Motion.

Cr Hackett left the meeting at 4.43pm and did not return.

Notice of Motion No. 9.5 Congratulations to Sue Walker of NPWS on her retirement

File No: I2020/1192

20-438

Resolved that Council:

1. Notes the impending retirement of Sue Walker, National Parks and Wildlife Service (NPWS) Area Manager

2. Acknowledges the achievements of Sue in her 37 (TBC) years with NPWS; and

3. Sends a message of congratulations and thanks to Sue for her work for the community.

(Coorey/Cameron)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Procedural Motion

20-439

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

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Notice of Motion No. 9.6 International Campaign to Abolish Nuclear Weapons

File No: I2020/1193

20-440

Resolved that Council:

1. Acknowledges the victims and survivors of the atomic bombings of Hiroshima and Nagasaki, and the 75th anniversaries this year this of these attacks – on 6 and 9 August respectively;

2. In commemoration of these anniversaries, endorses the International Campaign to Abolish Nuclear Weapons ‘Cities Appeal’, and publishes the public statement of endorsement, which reads as follows:

“Our Shire is concerned about the grave threat that nuclear weapons pose to communities throughout the world.

We firmly believe that our residents have the right to live in a world free from this threat. Any use of nuclear weapons, whether deliberate or accidental, would have catastrophic, far-reaching and long-lasting consequences for people and the environment.

Therefore, we warmly welcome the adoption of the Treaty on the Prohibition of Nuclear Weapons by the United Nations in 2017, and we call on our national government to sign and ratify it without delay.”;

3. Writes to inform the foreign minister, Senator the Hon Marise Payne, that Byron Shire has endorsed the ICAN Cities Appeal;

4. Issues a media release announcing that Byron Shire has joined the International Campaign to Abolish Nuclear Weapons ‘Cities Appeal’ and the call for the national government to sign and ratify the UN Treaty on the Prohibition of Nuclear Weapons;

5. Takes steps to ensure that funds administered by Byron Shire Council are not invested in companies that produce nuclear weapons, and

6. Notifies our local MPs, Tamara Smith, Ben Franklin and Justine Elliott and asks them also to support the International Campaign to Abolish Nuclear Weapons, and request that they also encourage the Australian government to sign and ratify the UN Treaty on the Prohibition of Nuclear Weapons. (Coorey/Ndiaye)

The motion was put to the vote and declared carried

Crs Richardson, Hackett and Martin were not present for the vote.

Procedural Motion

20-441

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

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Petitions

Petition No. 10.2 Protection of Mooibal Spur track - E2 zoning and masterplan for remaining Tallowwood subdivision

File No: I2020/1037

20-442

Resolved:

1. That the petition regarding The Protection of Mooibal Spur Track be noted.

2. That the petition be referred to the Director Sustainable Environment and Economy.

3. That staff be requested to include 2 community representatives from the Friends of Mooibal Spur at the site inspections with staff, councillors and the applicant, ordinarily convened for development applications prior to their presentation to Council. (Ndiaye/Cameron)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Staff Reports - Corporate and Community Services

Report No. 13.9 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2020

File No: I2020/1137

20-443

Resolved that the report Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2020 be deferred to the 24 September Ordinary Meeting of Council. (Cameron/Lyon)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Report No. 13.10 Local Government NSW Annual Conference 2020

File No: I2020/1138

20-444

Resolved that Council authorises Cr Coorey, Cr Lyon, and Cr Ndiaye to register as voting delegates for the Local Government NSW Annual Conference 2020 to be held virtually on 23 November 2020. (Lyon/Ndiaye)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Report No. 13.15 Delivery Program 6-monthly Report and 2019/20 Operational Plan Fourth Report - Q4 - to 30 June 2020

File No: I2020/1169

20-445

Resolved that Council notes the Delivery Program 6-monthly Report and 2019/20 Operational Plan Fourth Quarter Report for the period ending 30 June 2020 (Attachment 1 #E2020/59640).

(Lyon/Ndiaye)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Staff Reports - Sustainable Environment and Economy

Report No. 13.18 Lot 12 Bayshore Drive - Site Strategy and Urban Design Protocol

File No: I2020/1032

20-446

Resolved:

1. That Council adopt the Lot 12 Site Strategy & Urban Design Protocol as the guiding document establishing Council’s vision and preferences for the future development of the site and an Expression of Interest. That additional wording be included to both these documents prior to their release to emphasise Council's intent that site access be designed to prioritise active connections/movements inter and intra the site, having regard to the site's location within the Arts and Industrial Estate.

2. That Council undertake an Expression of Interest process for the development of Lot 12 to seek developers/partners who are able to achieve Council’s vision for the property.

(Cameron/Coorey)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Staff Reports - Infrastructure Services

Report No. 13.22 Proposal to rename Granuaille Crescent Bangalow

File No: I2020/21

20-447

Resolved:

1. Not endorse the renaming of Granuaille Crescent on the Southern side of Hinterland Way.

2. Request the NSW Ambulance to review its GPS and other databases to ensure they are kept up to date. (Lyon/Cameron)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Report No. 13.25 Bus Shelter & Bus Stop Strategic Planning

File No: I2020/1080

20-448

Resolved:

1. Undertake further investigations including direct community consultation targeted at school bus passengers, bus operators and other public transport users as well as a ‘Have Your Say’ process to identify bus shelter/bus stop needs and identification of safety issues for passengers and operators at all locations along bus routes.

2. Advertise for expressions of interest for a group that are able to meet requirements to manage and ensure compliance of the bus shelters at Huonbrook, Main Arm and Montecolum on Council’s behalf.

(Cameron/Ndiaye)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Procedural Motion

20-449

Resolved that Cr Cameron be granted a one minute extension to his speech. (Coorey/Ndiaye)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Report No. 13.31 Submission to Reclassification of Regional Roads

File No: I2020/1184

20-450

Resolved:

1. That Council nominate to the Independent Panel for the NSW Regional Road Transfer and Road Classification Review, the following roads be reclassified as state roads:

a) MR545, including the Bypass and excluding Jonson Street and Lawson Street

b) MR679

c) MR689 excluding Brunswick Heads from Northern exit of roundabout on Eastern side of Pacific Motorway at the Southern end of Brunswick Heads to the roundabout at the Northern interchange with Hinterland Way/Pacific Motorway Brunswick Heads.

d) Bangalow Road

e) Hinterland Way (regional road component)

f) Repentance Creek road from Federal Drive to the Shire boundary

2. The submission identify the importance of access and policy regarding local priorities particularly works to establish active transport links.

3. That Council support Ballina Shire’s submission with respect to MR545 and Lismore City Council’s submission with respect to Repentance Creek Road and Dunoon Road MR306.

(Cameron/Coorey)

The motion was put to the vote and declared carried.

Crs Richardson, Hackett and Martin were not present for the vote.

Reports of Committees - Infrastructure Services

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

File No: I2020/1147

20-451

Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 28 July 2020. (Cameron/Ndiaye)

20-452

Resolved that Council adopt the following Committee Recommendations:

Report No. 6.1 Bay Lane, Byron Bay - Proposed Closure Update

File No: I2019/2137

Committee Recommendation 6.1.1

That Council supports:

1. The people-focused activation of Bay Lane, Byron Bay through regulating access of vehicles into Bay Lane, subject to the following:

a) Vehicle access within Bay Lane, between chainages CH 0-75m (approx.), be prohibited generally between 5pm to 5am;

b) Vehicle access between chainages CH 0-75m be permitted generally between 5am to 5pm; and

c) Detail design to be generally in accordance with drawing E2020/29627 and must include appropriate regulatory signage and relevant time plates;

2. The following modifications to traffic flow in Bay Lane:

a) Maintaining one way traffic flow between chainages 0-75m (approx.);

b) Change traffic flow to two way between chainages 75-150m; and

c) Detail design to be generally in accordance with drawing E2020/29627 and must include appropriate regulatory signage and relevant time plates. (Cameron/Ndiaye)

20-453

Resolved that Council adopt the following Committee Recommendations:

Report No. 6.2 Event - Falls Festival

File No: I2020/952

Committee Recommendation 6.2.1

That Council endorse the Falls Festival 2020/21 to be held at the North Byron Parklands site, Yelgun from 31 December 2020 to 2 January 2021 (with campers arriving from 29^th December 2020 and allowed to depart no later than 3^rd January 2021), inclusive, subject to the following conditions:

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

b) The development of a Traffic Management Plan and Traffic Control Plan(s) by those with relevant TfNSW accreditation. These plans are to be submitted to Byron Shire Council at least 2 months prior to the event for approval of traffic regulation on roads under Byron Shire control;

c) The Traffic Management Plan and the Traffic Control Plan to be implemented by those with relevant and current TfNSW accreditation;

d) The temporary ‘No Stopping’ where applied, including on Brunswick Valley Way and Tweed Valley Way (between Shara Boulevard and north to the Shire boundary), is implemented prior to the event and in accordance with relevant state requirements and Australian Standards;

e) A communications protocol be developed and maintained by those involved in the implementation of traffic management including monitoring during the event and ability to implement contingency plans as and when directed;

f) Monitoring of vehicle volumes that arrive and depart the festival site and on the local road network;

g) The holding of an event debrief within the month following the festival which includes but not limited to Council, TfNSW and Police;

h) The event organiser:

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

ii) providing a copy of the advert for Council's web page;

iii) give consideration of any submissions received;

iv) informing community and businesses that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

v) arranging for private property access and egress affected by the event;

vi) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

vii) consulting with emergency services and any identified issues be addressed;

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

ix) paying of Council’s Road Event Application Fee and Local Traffic Committee Fee prior to the event. (Cameron/Ndiaye)

20-454

Resolved that Council adopt the following Committee Recommendations:

Report No. 6.3 Events - Mullum2Bruns Paddle 20 September 2020

File No: I2020/1041

Committee Recommendation 6.3.1

1. That Council endorse the Mullum2Bruns Paddle 2020 to be held on a Sunday in September or October 2020 that includes:

a) date of event not conflicting with another Council-approved event in the shire on the same day, and

b) temporary road closure of Brunswick Terrace, Mullumbimby, between Tincogan St and Tyagarah St (to become one-way traffic), between 06:30am and 10:00am on date chosen.

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

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

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

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

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

e) the event organiser:

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

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

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

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

v) undertake a debrief within two weeks of the event involving event staff, Police (if they had incidents) and traffic controllers; and

vi) Submit a debrief report to Council with any future event application.

(Cameron/Ndiaye)

20-455

Resolved that Council adopt the following Committee Recommendations:

Report No. 6.4 Events - Bangalow Billycart Derby 2020 - Byron Street Road Closure 20 September 2020

File No: I2020/1042

Committee Recommendation 6.4.1

1. That Council endorse the Bangalow Billy Cart Derby to be held on a Sunday in September or October 2020 that includes:

a) date of event not conflicting with another council-approved event in the shire on the same day, and

b) temporary road closure of Byron Street, Bangalow between Ashton Street and Granuaille Road, between 6am and 4pm on date chosen.

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

a) Separate approvals by NSW Police and TfNSW being obtained, noting that the event is on a state road or may impact the state road network;

b) Traffic Control Plan(s) to be developed by people with the appropriate TfNSW accreditation;

c) Traffic Control Plan(s) to be implemented by people with appropriate accreditation;

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

e) The event notified on Council’s webpage.

3. That the event organiser:

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

b) Undertake consultation with emergency services and any identified issues addressed;

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

d) Pays Council’s Road Event Application Fee prior to the event. (Cameron/Ndiaye)

20-456

Resolved that Council adopt the following Committee and Management Recommendations:

Report No. 6.5 Byron to Suffolk Cycleway - Changes to Bangalow Road

File No: I2020/1061

Committee Recommendation 6.5.1

1. That Council supports the modification of Bangalow Road as per the detailed designs (E2020/53823) including the following:

a) Adjustment of the existing road alignment, lane widths, line-marking, signage, bus-stop locations and crossings;

b) Addition of crossings, a bus stop and on-road cycle lanes.

c) The removal of some parking on both sides of Bangalow Road where necessary to enable space for bus stops and cycle lanes.

2. That council consider extending the project to ensure safe cycling and pedestrian access in and around the Browning St/Tennyson St roundabout.

3. That the amended plans be provided to community representatives on the TIAC for comment.

Management Recommendation

Management comments are provided at the end of this report. (Cameron/Ndiaye)

20-457

Resolved that Council adopt the following Committee Recommendation:

Report No. 7.1 Road Safety Awareness

File No: I2020/805

Committee Recommendation 7.1.1

That the Local Traffic Committee provide comments and advice to staff as requested.

(Cameron/Ndiaye)

20-458

Resolved that Council adopt the following Committee Recommendations:

Report No. 7.2 Event - Chincogan Charge - 19 September 2020

File No: I2020/950

Committee Recommendation 7.2.1

That Council support the Chincogan Charge 2020 to be held on Saturday 19 September 2020, between 8:00am and 5:30pm, subject to:-

1. Traffic control plan(s) and a Traffic Management Plan (TMP) being designed by those with the appropriate and relevant TfNSW accreditation. The TCP(s) and TMP to include the closure of Dalley Street between Burringbar Street and Tincogan Street between 12.30pm-5.30pm;

2. The TCP to be generally in accordance with document E2020/46680;

3. Implementation of the approved Traffic Management Plan and Traffic Control Plan/s by those with appropriate TfNSW accreditation and the holding of current and appropriate levels of insurance and liability cover;

4. Separate approvals by NSW Police and TfNSW being obtained;

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

6. The event be notified on Council’s webpage;

7. Informing community and businesses that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

8. Undertake consultation with emergency services and any identified issues addressed;

9. Hold $20m public liability insurance cover which is valid for the event;

10. Pay Council’s Road Event Application Fee and LTC application Fee prior to the event.

(Cameron/Ndiaye)

20-459

Resolved that Council adopt the following Committee Recommendations:

Report No. 7.3 Events - Byron Coast Charity Walk 12 September 2020

File No: I2020/1040

Committee Recommendation 7.3.1

1. That Council support the Westpac Life Saver Rescue Helicopter fundraiser, Byron Coast Charity Walk, to be held Saturday 12 September 2020, with an alternative date of Saturday 7 November 2020.

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

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

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

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

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

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

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

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

e) The event organiser:

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

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

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

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

(Cameron/Ndiaye)

20-460

Resolved that Council adopt the following Committee Recommendations:

Report No. 8.1 Event - Byron Sunrise Run and Swim (was Byron Triathlon) 18 October 2020

File No: I2020/1043

Committee Recommendation 8.1.1

1. That Council endorse the Byron Sunrise Run and Swim to be held on Sunday 18 October 2020, which includes the temporary road closures detailed within report I2020/1043

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

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

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

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

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

e) the event be notified on Council’s web page;

f) The event organiser:

i) informing community and businesses that are directly impacted (eg within road closure zones) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

ii) arranging for private property access and egress affected by the event;

iii) liaising with bus, taxi and waste operators and ensuring arrangements are made for provision of services during conduct of the event;

iv) consulting with emergency services and any identified issues be addressed;

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

vi) paying of Council’s Road Event Application Fee prior to the event; and

vii) paying of Council’s local traffic committee application fee prior to the event.

(Cameron/Ndiaye)

URGENCY Motion

Procedural Motion

20-461

Resolved that Council consider the urgent ‘Fire Report’ matter due to the imminent Bush Fire season, the recent fire in the Tweed and the release of the Bushfire Inquiry Report this week, it's a priority for Council to be prepared to respond to the upcoming potential fire risk and the opportunity to gain access to government funding quickly to assist in preparedness for the fire season. (Ndiaye)

The motion was put to the vote and declared carried.

Urgency No. 1 Matter of Urgency - Fire Report

20-462

Resolved that Council:

1. Receives a report to the next Ordinary Meeting of Council in relation to the 2019/2020 bush fires in Byron Shire, that includes:

a) how interagency communications can be improved

b) the range and impact of the fires, including information on known
fire history in those areas.

c) information regarding BSC role in fire management and other relevant
local agency responsibilities.

d) information and evaluation of bush fire Neighbourhood Safe Places and Evacuation
Centres and when and how evacuation takes place.

e) consideration of what impacts the fires may have on future planning
decisions.

f) impact of the fire on the shire’s residents and businesses and issues
for future preparedness.

g) planning for the development of a community communications plan and
business and in particular tourism accommodation.

h) coordination of and what assistance council can provide in community engagement.

i) consideration of relevant Bushfire Inquiry recommendations.

j) consideration be given to the recent report prepared by Rob Kooyman (ph)

2. Acknowledges the professional response to last summer's fire's by Council staff.

3. Also acknowledges that impacts of COVID-19 started occurring just weeks after drought, fires then floods. (Ndiaye/Coorey)

The motion was put to the vote and declared carried.

There being no further business the meeting concluded at 5:55pm.

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

as confirmed at Council’s Ordinary Meeting on 24 September 2020.

….…………………………

Mayor Simon Richardson