Minutes
Ordinary Meeting
Thursday, 26 November 2020
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
26 November 2020
The following items are listed in the order in which they were dealt with.
Petition No. 10.1 Proposed 5G upgrade to the tower at 8 Acacia Street Byron Bay NSW
Report No. 11.1 Grants and Submissions November 2020
Report No. 13.1 Request to hold daytime New Years Eve 2020 Community Market
Report No. 13.3 Community Roundtable Guidelines
Report No. 13.5 Section 355 Management Committees - resignations and appointments update
Report No. 13.7 Budget Review - 1 July 2020 to 30 September 2020
Report No. 13.8 Council Investments - 1 October 2020 to 31 October 2020
Report No. 13.9 Council Resolutions Quarterly Review - Q1 - 1 July to 30 September 2020
Report No. 13.13 Byron Shire Local Heritage Grants Program 2020-21.
Report No. 13.16 Road Closure Proposal adjoining 101 Pearce Road Pt Lot 30 DP 862126
Report No. 13.18 Temporary Relocation of Main Beach Patrolled Swim Area
Report No. 13.19 Use of Delegated Authority - Local Traffic Committee
Report No. 14.3 Report of the Local Traffic Committee Meeting held on 21 October 2020
Report No. 14.5 Report of the Local Traffic Committee Meeting held on 3 November 2020
Report No. 14.1 Draft 2019/2020 Financial Statements
Notice of Motion No. 9.1 Vallances Road Natural Burial Ground
Petition No. 10.2 Bring Back Our Little Kids Swings
Report No. 13.11 Bushfire Local Economic Recovery Fund - proposed project submissions
Report No. 13.15 Renaming Granuaille Crescent
Report No. 16.1 CONFIDENTIAL - Lot 12 EOI Evaluation
Notice of Motion No. 9.1 Vallances Road Natural Burial Ground
Notice of Motion No. 9.2 Movement and Place Planning Vision
Report No. 13.2 Draft Media and Communications Policy
Report No. 13.4 Policy Review 2020-2021
Report No. 13.6 Operational Plan 2020/21 - First Quarter Report - Q1 - 1 July to 30 September 2020
Report No. 13.10 Meeting Schedule 2021
Report No. 13.14 Recycled Water Fees and Charges - Residential and Non-Residential
Report No. 13.17 Byron CBD Mobility Spaces Review
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 26 November 2020
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 26 November 2020 COMMENCING AT 9.08AM AND CONCLUDING AT 3.11PM
I2020/1860
PRESENT: Cr S Richardson (Mayor) (left at 2.29pm), Cr B Cameron, Cr A Hunter, Cr M Lyon, Cr J Martin, and Cr S Ndiaye
VIRTUAL: Cr C Coorey (left at 1.12pm), Cr J Hackett (left at 1.12pm), 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)
Deanna Savage (Roads and Property Officer) – item 13.15
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.
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 in form of |
|
9.1 |
Vallances Road Natural Burial Ground |
For |
Diane Hart |
|
Read by Zenith Virago |
Zenith Virago |
Natural Death Care Centre |
In Person |
|||
10.1 |
Proposed 5G upgrade to the tower at 8 Acacia Street Byron Bay NSW |
Against |
Rinat Strahlhofer |
Northern Rivers for Safe Technology Group |
In Person |
10.2 |
Bring Back Our Little Kids Swings |
For |
Tina Petroff |
|
In Person |
13.11 |
Bushfire Local Economic Recovery Fund - proposed project submissions |
Against |
John Anderson |
|
Read by staff |
13.15 |
Renaming Granuaille Crescent |
For |
Max Campbell |
|
In Person |
16.1 |
CONFIDENTIAL - Lot 12 EOI Evaluation |
Against |
Sarah Aldridge |
Byron Bay High School P&C |
Zoom |
Question No. 1 Economic Analysis in the Multi Use Railway Corridor Report
David Michie submitted the following question via pre-recorded video:
Why were options 3 (Active Transport Basic), option 4 (Active Transport multi-use) and option 5 (Electric Driverless Vehicles) not considered with travel behaviour change incentives such as pay parking in town centres?
It seems that behaviour change incentives alone shifted the Hi-Rail option from a BCR of less than 1 to a BCR of more than 1, thus making it the preferred option in the report.
Options 4 and 5 actually scored the same or better than the Hi-Rail option before the behaviour change incentives were applied.
I‘m concerned that conclusions have been drawn in this report without all options being considered equally.
Cr Cameron provided the following response:
Thanks David for that. Really appreciate your thoughts on this and I think you are absolutely right that any solutions in that corridor, we have to look at a multiplicity of options. We cannot just have one single option and I think that’s what the work of the Integrated Transport Strategy that is in draft is looking at; how to bring these different things together. The MIRC is just one of the studies and one of the options that is being considered in that.
I would note that the final choices are dependant not just on BCRs but on total cost as well and what might be considered to be feasible in terms of receiving grant monies or raising funds to proceed. So it’s a little bit more complicated than just zeroing in on one particular issue. But David is part of our TIAC Committee, he’s raised this with us and I thank him very much for it.
Cr Spooner added:
Excellent question and thanks for asking it. Put simply, we don’t have an answer for it. Why should the consultant apply an inconsistent assumption for the different options considered? And furthermore we also don’t know as a part of these assumptions; what was the value of the behaviour change incentives that you point to assumed by the consultant? In other words, was the dollar increase required in paid parking fee in Byron Bay to achieve a positive financial return, was it $10, $20, or more, for an hour parking? Because that is what we are talking about here in terms of behaviour change. That’s all that’s pointed to in the report, is the paid parking issue.
We also don’t know the factual basis on which two other key assumptions were made within the report to make the rail option financially viable, because that is what you’re question points to. These assumptions were, firstly, that 12% of tourists will need to use a train in conjunction with a park-and-ride scheme. That is 1 in 8 people visiting the Shire that would be a part of this. Secondly, the other assumption was that up to 50% of all markets and festival patrons will need to travel by train to make these numbers work.
So David, until the answers are provided to all those questions, I am afraid we will continue to stumble around like a ‘blind King Arthur’ in search of the ‘Holy Grail’ with this multi-use rail Corridor option. Alternatively, we can drop the idea of the multi-use corridor and establish a rail trail for walkers and riders straight away, like the rest of the North Coast. The choice is basically ours and unfortunately we have been unable to make that a clear decision up to this point. But thanks for your question and I hope that staff give you an adequate response.
Cr Ndiaye further added:
I also think in consideration, the $105m price tag on option 5 made it less attractive. What it was going to cost to be able to make that area fit for electric vehicles was a lot and that, I think, had an influence.
The Director of Infrastructure Services took the question on notice.
Question No. 2 Responsibility of elected Councillors
John Anderson submitted the following question which was read by staff:
In a recent public statement Cr. Lyon made a claim to the effect that it is the responsibility of elected Councillors to safeguard the morale of the permanent staff. Could Cr Lyon in his own words please explain the provenance of that notion i.e. its basis in statute?
Cr Lyon provided the following response:
I am happy to answer that; I will take the statute part on notice. But more broadly, Council is a business, it is a not-for-profit business perhaps, but it is a business that needs to be profitable in order to be sustainable. It is a business of community services, providing infrastructure, and as a business we need to have respectful and constructive dialogue with our community; it is one of the things we do. You can’t do that if your staff are not on board, if your staff do not have good morale. Not just the permanent staff, the casual staff, and to some extent the contractors as well.
So to answer the question – Councillors are like a board of directors of a business and it is our responsibility to make sure that all aspects of this business are run smoothly. That is exercised through the General Manager, but we have the oversight and a big part of that is staff culture and morale and I make no apologies for taking that role seriously.
Question No. 3 Mercato misunderstanding
Coorabella Vista Pty Ltd submitted the following question which was read by staff:
Early last year when the Mayor was on extended leave, a legal representative of the Mercato development addressed Council with the proposition that a “Council officer” had given the developers to understand that no rent, or a peppercorn rent, would be payable for the airspace above the Council foot path, which the developers use for access to retail outlets.
Given that the term “Council officer” applies as much to elected persons as it does to permanent staff, and given furthermore that the Mayor apparently had some input into the final form of the development, could the Mayor indicate the extent of his own involvement in the misunderstanding, if that’s what it was?
The Mayor provided the following response:
No great misunderstanding; inaccuracy in the question. I actually was there when this was debated, I wasn’t on leave, and I gave a response then which is the same as now. I will let Mr Anderson fill his day by having a look at what has been said nearly two years ago.
The meeting adjourned at 10.06am and reconvened at 10.35am.
There were no apologies.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no Declarations of Interest.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary Meeting held 22 October 2020 meeting be confirmed. The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
General Manager
Report No. 13.2 Draft Media and Communications Policy
Corporate and Community Services
Report No. 13.4 Policy Review 2020-2021
Report No. 13.6 Operational Plan 2020/21 - First Quarter Report - Q1 - 1 July to 30 September 2020
Report No. 13.10 Meeting Schedule 2021
Report No. 13.11 Bushfire Local Economic Recovery Fund - proposed project submissions
Sustainable Environment and Economy
Infrastructure Services
Report No. 13.14 Recycled Water Fees and Charges - Residential and Non-Residential
Report No. 13.15 Renaming Granuaille Crescent
Report No. 13.17 Byron CBD Mobility Spaces Review
Confidential Reports
Sustainable Environment and Economy
Report No. 16.1 Confidential - Lot 12 EOI Evaluation
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. 20-620 and concluding with Resolution No. 20-656.
Petitions
Staff Reports - General Manager
Staff Reports - Sustainable Environment and Economy
Staff Reports - Infrastructure Services
Reports of Committees - Corporate and Community Services
Reports of Committees - Sustainable Environment and Economy
Reports of Committees - Infrastructure Services
Resolved that Council adopt the following Committee Recommendation: Report No. 4.1 Byron STP Condition 9. Additional Load - Quarterly Report File No: I2020/1125
Committee Recommendation 4.1.1 |
Resolved that Council adopt the following Committee Recommendation: Report No. 4.4 Inflow and Infiltration - quarterly update File No: I2020/1583
Committee Recommendation 4.4.1 |
|
Report No. 14.6 Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 29 October 2020 File No: I2020/1775
|
Resolved that Council note the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 29 October 2020. (Richardson/Hunter) |
Late Report
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 9.1, 10.2, 13.11, 13.15, 16.1 next on the Agenda. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
|
Procedural Motion |
Resolved that Cr Lyon be granted a two minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
The motion (Lyon/Martin) was put to the vote and declared carried.
Petitions
|
Report No. 13.15 Renaming Granuaille Crescent File No: I2020/1635
|
1. That Council endorses the renaming of Granuaille Crescent on the Southern side of Hinterland Way to ‘Satinash Crescent’ and reallocate numbers in accordance with Geographical Naming Board Policy.
2. That the endorsed name be formally 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. (Lyon/Richardson)
The motion was put to the vote and declared carried. |
Confidential Reports - Sustainable Environment and Economy
a) Mix of land uses to align more strongly with overall vision – review quantity of retail and residential b) Structure and land uses on proposed Council lots to be defined by Council c) Site access, frontage and entry to better prioritise pedestrian and cyclists movements, including a revision of the traffic study to consider all options, not just a roundabout d) Proposed subdivision and masterplan to respond accurately to the extent of existing vegetation e) Clarify and confirm governance and title arrangements (i.e. community title with central management body which can oversee design excellence and tenancy) f) Timing of main infrastructure to accommodate delivery of TAFE by 2022 g) Independent review of quantity surveyor and land valuation reports provided in the proposal
2. That a report be brought to the December meeting of Council outlining the process for delivery of the TAFE NSW Connected Learning Centre in the location proposed within the Creative Capital EOI, including the details of the proposed lease arrangements for approval.
3. That Council thank Citta Property Group for their Expression of Interest and advise that they were not successful in this instance.
4. That Council develops a project scope for a Lot 12 Planning Proposal to amend provisions of the Byron Local Environmental Plan 2014 and the Byron Development Control Plan 2014 to deliver on the final agreed masterplan, to be reported back to Council in early 2021. (Spooner/Ndiaye) |
|
Procedural Motions |
Resolved that Council move into Committee to allow for free debate. (Cameron/Richardson) The motion was put to the vote and declared carried. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Richardson/Ndiaye) The motion was put to the vote and declared carried. Cr Cameron voted against the motion. |
Resolved that the meeting move out of confidential session. (Richardson/Lyon) The motion was put to the vote and declared carried. |
The motion (Spooner/Ndiaye) was put to the vote and declared carried.
Crs Coorey and Cameron voted against the motion.
The meeting adjourned at 1.12pm for a lunch break and reconvened at 2.05pm.
Crs Coorey and Hackett did not return to the meeting.
|
Procedural Motion |
Resolved that the vote on Resolution No. 20-658 be recommitted. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Cr Cameron returned at 2:10pm.
|
Procedural Motion |
Resolved that Cr Hunter be granted a two minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
The motion was put to the vote and declared lost.
Crs Martin, Ndiaye, Richardson, and Cameron voted against the motion.
Cr Richardson left the meeting at 2.29pm and did not return. The Deputy Mayor, Cr Lyon, took the Chair.
Staff Reports - General Manager
Staff Reports - Corporate and Community Services
|
Procedural Motion |
Resolved that Cr Cameron be granted a one minute extension to his speech. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Staff Reports - Infrastructure Services
|
Report No. 13.14 Recycled Water Fees and Charges - Residential and Non-Residential File No: I2020/1454
|
|||||||||||||||||||||
1. Adopts the following proposed charges:
Recycled Water Usage Charge (Section 502 LGA) A volumetric water usage charge will be levied based on the recycled water usage recorded as passing through the dedicated recycled water meter/s servicing each property. Water access charges are not applicable for dedicated recycled water meter connections.
Water Usage Charges
For the purpose of public exhibition for a period of 28 days;
2. Adopt the proposed Charges as of the date of close of public exhibition, if no submissions are received, during the public exhibition period; or
3. Receive a further report on the submissions, if submissions are received during the public exhibition period.
4. Advises the community members of the Waste Water and Sewerage Committee and the Coastal Estuary Advisory Panel about the public exhibition. (Cameron/Ndiaye)
The motion was put to the vote and declared carried. |
|
Report No. 13.17 Byron CBD Mobility Spaces Review File No: I2020/1732
|
1. Endorses the upgrade of mobility spaces within Byron Bay to comply with current standards as budget allows.
2. Supports the use of the Infrastructure Renewal Reserve to the value of $71,000 for Access Ramps and Footpaths works be used to begin the renewal of these mobility spaces to current standards. (Cameron/Ndiaye)
The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 3.11pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 17 December 2020.
….…………………………
Mayor Simon Richardson