Minutes
Ordinary
Meeting
Thursday,
17 December 2020
Ordinary Meeting
Minutes
17 December 2020
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 17 December 2020
COMMENCING AT 9:07AM
AND CONCLUDING AT 2.37PM
I2020/1966
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr M Lyon, Cr J Martin, Cr S Ndiaye, and Cr P Spooner
Staff: Mark
Arnold (General Manager)
Vanessa
Adams (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Liz
Caddick (Biodiversity Officer) - item 9.2
Michael
Matthews (Manager Open Space & Resource Recovery) – item 13.17
Heather
Sills (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated information,
a Public Access Session was held and Council was addressed on the following:
Public Access
|
Report No and Title
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For/
Against
|
Name
|
Representing Organisation
|
Submission made via
|
|
6
|
Adoption
of minutes from previous meetings
|
Against
|
John Anderson
|
|
In person
|
|
9.2
|
Tallowood
Ridge Reserve
|
For
|
Nicolette Jackson
|
Friends of Mooibal Spur
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In person
|
|
Dave Rawlins
|
|
Roisin Ritchie
|
|
9.3
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Petria
Thomas Swimming Pool in Mullumbimby - Conversion to year round facility
|
For
|
Gaye Ingham
|
|
Read out by staff
|
|
13.3
|
Implementation
of Res 20-664/2 Lease - Council and TAFE NSW - part lot 12 Bayshore Drive
Byron Bay
|
For
|
Susie George
|
TAFE NSW
|
In person
|
|
Manuel Duarte
|
TAFE NSW
|
In person
|
|
13.16
|
PLANNING
- Activity Application 88.2019.2.1 to Operate the Terrace Reserve Holiday
Park, Brunswick Heads
|
For
|
John Dunn
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Brunswick Heads Progress
Association
|
In person
|
|
Michelle Grant
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Foreshore Protection Group
|
In person
|
|
13.17
|
Linda
Vidler Memorial Parklands - Pump Track Design
|
For
|
Donald Maughan
|
Suffolk Park Progress
Association
|
In person
|
|
Against
|
Tee Miller
|
Suffolk Park Community Garden
Inc.
|
Pre-recorded video
|
Submissions
There were
no general submissions.
Question
No. 1 - Budget Allocation of Legal Costs
John Anderson asked the following question:
Given that in response to an
earlier question (File No I2020/1484) Council conceded that some $2 million had
been spent on legal fees over the 5 years to mid 2020, and given that the last
budget contained no explicit provision for projected legal costs over the
current financial year, can Ms Adams please explain from which budget such
costs might be drawn?
The Director
Corporate and Community Services provided the following response:
The budget does have a provision for legal services, it
is on page 8 of the budget on Council’s website.
Question
No. 2 – Retainers to External Lawyers
John Anderson, on behalf of Coorabella Vista Pty Ltd, asked
the following question:
Given that the answer referred
to above (I2020/1484) does not provide the information sought in relation to
external lawyers engaged by Council, can Ms Adams please be so good as to
indicate what retainers are paid to which external lawyers under what
circumstances, especially given that while Council itself may not
“maintain a register” of individual advices, the lawyers themselves
must certainly keep such records even if Council itself feels no such
obligation?
The Director Corporate and Community Services provided the
following response:
Council does not pay a retainer
to any of its contracted legal service providers.
The meeting adjourned at 10.02am and reconvened at 10.27am.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence.
Declarations
of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
|
20-693
|
Resolved that
the minutes of the Ordinary Meeting held 26 November 2020 meeting be
confirmed. (Spooner/Richardson)
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
Corporate and Community Services
Report No. 13.5 Project
Options for the Australian Government Local Roads and Community Infrastructure
Program Extension
Report No. 13.7 Presentation
of 2019/2020 Financial Statements
Sustainable Environment and Economy
Report No. 13.8 Council's
Annual Emissions Inventory and progress towards our net zero emissions target
Report No. 13.9 Main
Beach Shoreline Project - community consultation on the 7 options
Report No. 13.10 PLANNING -
Development Application 10.2020.97.1 Stage 8 Tallowood Ridge Estate Subdivision
to Create Forty-Seven (47) Residential Lots at 77 Tuckeroo Avenue Mullumbimby
Report
No. 13.13 PLANNING - Resolution 20-095 Review of
Council's Signage Policy
Report
No. 13.16 PLANNING - Activity Application 88.2019.2.1
to Operate the Terrace Reserve Holiday Park, Brunswick Heads
Infrastructure Services
Report No. 13.17 Linda Vidler
Memorial Parklands - Pump Track Design
Report No. 13.18 Pedestrian
Access - Byron Bypass
Report
No. 13.21 Byron Bay Access and Movement Plan
Late Reports
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Spooner. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 20-694 and concluding
with Resolution No. 20-717.
Submissions
and Grants
|
|
Report No. 11.1 Grants
and Submissions December 2020
File No: I2020/1856
|
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20-694
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Resolved that Council notes the report and Attachment 1 (E2020/95181)
for Byron Shire Council’s Submissions and Grants as at 25 November
2020. (Richardson/Spooner)
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Staff
Reports - General Manager
|
|
Report No. 13.1 Variation
of temporary market licences granted for Byron farmers and community markets
File No: I2020/1564
|
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20-695
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Resolved:
1. That
Council authorises the continued suspension of the Community and Farmers
market licences issued to the Byron Bay Community Association Inc and Byron
Farmers’ Market Inc for the Butler Street Reserve Byron Bay with
ongoing abatement of rent to 31 October 2021.
2. That
Council notes that no public submissions were received on the proposed
variation to extend the licence term to 31 October 2021 to the Byron
Farmers’ Market Inc.
3. That
Council delegates to the General Manager the authority to vary temporary market
licences issued to:
a) Byron
Farmers’ Market Inc for farmers markets at the Cavanbah Centre to replace
Schedule 1, Item 2 with the words ‘1 July 2019 to 31 October
2021’.
b) Byron
Bay Community Association Inc for community markets at the beachside to
replace Schedule 1, Item 2 with the words: ‘4 August 2019 to 31 October
2021’.
4. That
Council notes that the Byron community market was relocated from the Butler
Street Reserve to Dening Park to be held on the first Sunday of every month
under licence to the Byron Bay Community Association Inc.
5. That
Council notes that the Byron Winter Whales has requested the use of Dening
Park on the first Sunday in May 2021 for the 30th anniversary of
the classic swim event.
6. That
Council delegates to the General Manager the authority to negotiate with Byron
Bay Community Association Inc and Byron Winter Whales to:
a) Reduce
their respective footprints in Dening Park so that the Byron Bay Community
Association Inc right to hold a monthly community market in Dening Park under
a licence agreement is not disadvantaged; and that
b) If
no acceptable outcome can be reached then a further report will be brought to
Council to determine the matter. (Richardson/Spooner)
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|
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Report No. 13.2 Sub-licences
to Zephyr Equine Pty Ltd and Cape Byron Seahorses Riding Centre for access
through Crown Land.
File No: I2020/1642
|
|
20-696
|
Resolved:
1. That
Council authorises the General Manager to grant a sub-licence to Zephyr
Equine Pty Ltd for a term of 12 months for the purpose of access
through Lot 407 DP 729057 being Crown Reserve R755695 on condition that:
a) Zephyr
Equine Pty Ltd holds a current permit with Cape Byron Marine Park for the
term of the sub-licence; and
b) Zephyr
Equine Pty Ltd takes all steps necessary to ensure that all horse droppings
are removed from the sub-licenced area during and at the end of each access
session.
2. That
Council authorises the General Manager to grant a sub-licence to Cape Byron
Seahorses Riding Centre for a term of 12 months for the purpose of access
through Lot 428 DP 729272 being Crown Reserve R81780 on condition that:
a) Cape
Byron Seahorses Riding Centre holds a current permit with Cape Byron Marine
Park for the term of the sub-licence; and
b) Cape
Byron Seahorses Riding Centre takes all steps necessary to ensure that all
horse droppings are removed from the sub-licenced area during and at the end
of each access session.
3. That
sub-licence fee is set in accordance with Councils current Fees and Charges.
(Richardson/Spooner)
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|
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Report No. 13.3 Implementation
of Res 20-664/2 Lease - Council and TAFE NSW - part lot 12 Bayshore Drive
Byron Bay
File No: I2020/1824
|
|
20-697
|
Resolved that Council:
1. Notes
that Council and TAFE’s relationship is
focused on promoting outcomes that:
· Support delivery of high quality educational and
vocational training in the Byron Shire.
· Create a vocational training precinct to share
infrastructure, integrate training services with local industry and leverage
existing programs across broad industries, including for example tourism,
hospitality, retail, business, community services and creative industries.
· Support training of job ready individuals for the
benefit of the local community and local, regional and national industry and
growth.
2. Authorises
the General Manager to continue negotiations, and then enter an agreement for
lease and lease, with TAFE NSW regarding part of Lot 12 Bayshore Drive,
subject to:
a) The
final version of each agreement being substantively similar to the attached
agreement for lease and lease; and
b) The
final version of each agreement being consistent with Council resolution
20-664.
3. Quarantines
any rental revenue derived from a future lease with TAFE through establishing
a new reserve titled “Property Development Reserve – Lot 12
Bayshore Drive’
(Richardson/Spooner)
|
Staff Reports - Corporate and Community
Services
|
|
Report No. 13.4 Report
of the Public Art Panel meeting held on 29 October 2020
File No: I2020/1769
|
|
20-698
|
Resolved:
1. That,
regarding the Mullumbimby Talking Street Trial, Council does not adopt the
Recommendation proposed by the Public Art Panel, but instead adopts the following:
a) Notes
the feedback provided by the Public Art Panel and supports the recommendation
to provide more time for planning and delivery of the art components for the
Talking Street Trial;
b) Undertakes
a staged approach to place-making/activation elements in the Trial, including
art components, as the budget allows, once the final costings of the
traffic-calming elements are finalised.
c) Where
possible, seeks art components that may be utilised in a more permanent way
after the trial is complete.
2. That
Council adopts the following Panel recommendations:
a) Notes
the current list of Public Artworks in Council’s Asset Management
System.
b) Notes
that the recently adopted Open Spaces Asset Management Plan includes public
art assets and identifies that the current budget allocation for assets
outlined in the plan is insufficient to sustain assets at the desired
standard.
c) Establishes
a Public Art Maintenance Reserve in the Open Spaces and Recreation budget of
$10,000 per annum, commencing in the 2021/22 financial year, to cover the
cost of annual inspections, conservation and maintenance.
d) Notes
that the Public Art Maintenance budget is to be spent only on works that are
not scheduled for replacement or maintenance under a separate Council budget
or project.
3. That
regarding a request for financial assistance for the Brunswick Nature
Sculpture Walk event in 2021, Council supports the request with $5,000
towards the 2021 event and encourages the organisers to apply for further
funds if needed when the Public Art Small Grants funding becomes available. (Richardson/Spooner)
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|
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Report No. 13.6 Council
Investments - 1 November 2020 to 30 November 2020
File No: I2020/1868
|
|
20-699
|
Resolved that Council
notes the report listing
Council’s investments and overall cash position as at 30 November 2020.
(Richardson/Spooner)
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.11 Review
of LEP Amendment Fee Schedule
File No: I2020/1792
|
|
20-700
|
Resolved that Council:
1. Places
the proposed 2020/21 Revenue Policy amendments (as described in Table 3 of
this report) on exhibition for a period of 28 days.
2. Receives
a further report if submissions are received during the exhibition period.
3. If
no submissions are received, adopt the 2020/21 Revenue Policy amendments (as
described in Table 3 of this report) for LEP
amendments. (Richardson/Spooner)
|
|
|
Report No. 13.12 Draft
Plan of Management for Charlotte Street Park, Bangalow - Post-Exhibition Report
File No: I2020/1821
|
|
20-701
|
Resolved that Council adopts the Draft Plan of Management for
Charlotte Street Park, Bangalow, as exhibited (Attachment 1 - #E2020/72966). (Richardson/Spooner)
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|
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Report No. 13.14 PLANNING
- The Farm Update on Planning Proposal
File No: I2020/1865
|
|
20-702
|
Resolved that Council:
1. Notes
the update provided on the Planning Proposal for The Farm.
2. Agrees
to withdraw the current Gateway Determination and associated Planning
Proposal before 24 December 2020, as requested by the Department of
Planning, Industry and Environment.
3. Simultaneously
with 2 above, authorises staff to submit an amended Planning Proposal to the
Department of Industry and Environment for Gateway determination. The new
Planning proposal to be the same as the current, with the exception of the
need for an SP2 Infrastructure zoning over the land that would be now covered
by the Voluntary Planning Agreement.
4. Initiates
discussions with the proponent and TfNSW to develop key principles that could
form the basis of a Voluntary Planning Agreement, and report the results of
discussions to Council prior to public consultation.
5. Pending
Gateway Determination undertakes public exhibition of the Planning Proposal
and consult with government agencies in accordance with the Gateway
Determination.
6. Concurrently
exhibits the draft amendment to Chapter E5 of Byron DCP 2014 - Certain
Locations in Byron Bay and Ewingsdale (Attachment 2 E2020/6033)
7. Receives
a report outlining the public exhibition outcomes.
8. Continues
to suspend enforcement action in relation to matters subject of the Planning
Proposal until such time as a determination is made. Council may,
however, use its discretion to take enforcement action in circumstances where
it is demonstrated that an unauthorised activity or use imposes significant
impacts on the environment. This undertaking does not exclude Council
from its regulatory obligations in relation to the Food Act, Local Government
Act and/ or Protection of the Environment Operations Act.
(Richardson/Spooner)
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|
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Report No. 13.15 Place
Planning Collective - End of 2020 Update
File No: I2020/1932
|
|
20-703
|
Resolved:
1. That
Council notes the End of 2020 update from the Place Planning Collective
2. That
Council thanks the community members on the Place Planning Collective for
their time and contributions made throughout the year, including meeting
during COVID restrictions.
3. That
Council also thanks both Councillors and staff involved in the Place Planning
Collective meetings and projects throughout the year. (Richardson/Spooner)
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Staff Reports - Infrastructure
Services
|
|
Report No. 13.19 Waterlilly
Park - Crime Prevention Through Environmental Design Report
File No: I2020/1957
|
|
20-704
|
Resolved that:
1. Council
notes the Crime Prevention through Environmental Design (CPTED) report for
the Waterlilly Park precinct; and
2. Staff
progress the implementation of measures identified within the report with any
necessary budget adjustments is to be considered as part of Council’s
December 2020 quarterly budget review process. (Richardson/Spooner)
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|
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Report No. 13.20 House
Raising Subsidy payment for 8 Park Street New Brighton.
File No: I2020/1933
|
|
20-705
|
Resolved that Council:
1. Approves
the payment of a subsidy of $10,000 to the owner of 8 Park Street, New
Brighton as contribution to house raising of the dwelling, subject to receipt
of a signed deed of release in Council’s favour; and
2. Allocates
a budget of $10,000 funded by the Infrastructure Services Carryover Reserve
to facilitate the subsidy payment outlined in recommendation 1. (Richardson/Spooner)
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Reports
of Committees - Corporate and Community Services
|
|
Report No. 14.1 Report
of the Finance Advisory Committee Meeting held on 12 November 2020
File No: I2020/1802
|
|
20-706
|
Resolved that Council notes the minutes of the Finance
Advisory Committee Meeting held on 12 November 2020. (Richardson/Spooner)
|
|
20-707
|
Resolved that Council adopts
the following Committee Recommendations:
Report No. 4.1 Unrestricted
Cash and Reserves at 30 June 2020
File No: I2020/1731
Committee Recommendation 4.1.1
1. That
the Reserve Balances as outlined in Attachment 1 (#E2020/87284) at 30 June
2020 be noted by the Finance Advisory Committee.
2. That
the Unrestricted Cash Balance of $724,300 as at 30 June 2020 be noted by the
Finance Advisory Committee. (Richardson/Spooner)
|
|
20-708
|
Resolved that Council adopts
the following Committee Recommendation:
Report No. 4.2 Quarterly
Update - Implementation of Special Rate Variation
File No: I2020/1739
Committee Recommendation 4.2.1
That the Finance Advisory Committee notes the quarterly
update on the Special Rate Variation Implementation as at 30 September 2020
as outlined in Attachment 1 (#E2020/88148).
(Richardson/Spooner)
|
|
20-709
|
Resolved that Council adopts
the following Committee Recommendations:
Report No. 4.3 Budget
Review - 1 July 2020 to 30 September 2020
File No: I2020/1758
Committee Recommendation 4.3.1
1. That
Council notes that the itemised budget variations as shown in Attachment 2
(#E2020/88837) which include the following results in the 30 September 2020
Quarterly Review of the 2020/2021 Budget:
a) General
Fund – $60,700 increase to the Estimated Unrestricted Cash Result
b) General
Fund - $3,045,100 increase in reserves
c) Water
Fund - $800,900 decrease in reserves
d) Sewerage
Fund - $431,200 decrease in reserves
were
adopted by Council at its Ordinary Meeting held on 26 November 2020.
2. That
Council adopts the revised General Fund Estimated Unrestricted Cash Result of
$428,200 for the 2020/2021 financial year as at 30 September 2020. (Richardson/Spooner)
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|
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Report No. 14.2 Report
of the Audit, Risk and Improvement Committee Meeting held on 12 November 2020
File No: I2020/1811
|
|
20-710
|
Resolved that Council
notes the minutes of the Audit, Risk and Improvement Committee Meeting held
on 12 November 2020. (Richardson/Spooner)
|
Reports
of Committees - Sustainable Environment and Economy
|
|
Report No. 14.3 Report
of the Sustainability and Emissions Reduction Advisory Committee Meeting held
on 12 November 2020
File No: I2020/1805
|
|
20-711
|
Resolved that Council
notes the minutes of the Sustainability and Emissions Reduction Advisory
Committee Meeting held on 12 November 2020. (Richardson/Spooner)
|
|
20-712
|
Resolved that Council adopts
the following Committee Recommendations:
Report No. 4.1 Climate
Emergency Response Update on Res 20-351
File No: I2020/1455
Committee Recommendation 4.1.1
1. That
Council note the report.
2. That Resilient Byron be invited to join the
Sustainability and Emissions Reduction Advisory Committee. (Richardson/Spooner)
|
|
20-713
|
Resolved that Council adopts
the following Committee Recommendations:
Report No. 4.2 Sustainability
and Emissions Reduction Projects - Update Report
File No: I2020/1557
Committee Recommendation 4.2.1
1. That
Council note the report
2. That
Council enter into a one year trial partnership with ClimateClever.
(Richardson/Spooner)
|
|
20-714
|
Resolved that Council adopts
the following Committee Recommendations:
Report No. 4.3 Updates
from Zero Emissions Byron and COREM
File No: I2020/1719
Committee Recommendation 4.3.1
That Council note the report. (Richardson/Spooner)
|
|
|
Report No. 14.4 Report
of the Biodiversity Advisory Committee Meeting held on 23 November 2020
File No: I2020/1867
|
|
20-715
|
Resolved that Council
notes the minutes of the Biodiversity Advisory Committee Meeting held on 23
November 2020. (Richardson/Spooner)
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Confidential
Reports - Infrastructure Services
|
|
Report No. 16.1 Confidential - Land Acquisition for
Booyong Road dedication of land adjoining Lot 4 DP 707295
File No: I2020/1748
|
|
20-716
|
Resolved:
1. That
Council proceeds with option E – Based on the offer from the land owner
and delegates to the General Manager the authority to negotiate a contract
for the acquisition of land for road purposes
to the value of $122,500 inclusive of all costs.
2. That
Council establishes a budget of $122,500 funded from the sources identified
in the ‘Financial Considerations’ section of this report.
3. That
should this counter offer not be accepted, staff to continue with Compulsory
Acquisition once Ministers Approval is received. (Richardson/Spooner)
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Late Reports
|
|
Report No. 17.1 Local
Traffic Committee Recommendations
File No: I2020/1984
|
|
20-717
|
Resolved that Council approve the recommendations, as amended,
from the Local Traffic Committee extraordinary electronic meeting held on 15
December 2020. (Richardson/Spooner)
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|
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Procedural Motion
|
|
20-718
|
Resolved that
Council change the order of business to deal with Reports 13.7, 9.2, 9.3,
13.16, 13.17 next on the Agenda. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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Staff Reports - Corporate and
Community Services
|
|
Report No. 13.7 Presentation
of 2019/2020 Financial Statements
File No: I2020/1871
|
|
20-719
|
Resolved that the Audited
Financial Statements and Auditors Reports for the 2019/2020 financial year be
presented to the public in accordance with Section 419(1) of the Local
Government Act 1993. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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Notices of Motion
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Notice of Motion No. 9.2 Tallowood
Ridge Reserve
File No: I2020/1938
|
|
20-720
|
Resolved that Council:
1. Enter
negotiations with the relevant landowners and/or developer to seek the
gifting of the land outlined in the map in the report for the management of Council
in conjunction with the community in perpetuity.
2. Ensure
that these negotiations stipulate that this is not instead of any other
previous environmental agreement.
3. Acknowledge
that if negotiations are successful, staff will take the appropriate steps to
prepare a Plan of Management (Ndiaye/Richardson)
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|
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Procedural Motion
|
|
20-721
|
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.
|
The motion (Ndiaye/Richardson) was put to the vote and
declared carried.
|
|
Procedural Motion
|
|
20-722
|
Resolved that
item 9.1 be deferred until after lunch. (Richardson/Spooner)
The motion was put to the vote and declared carried.
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Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.16 PLANNING
- Activity Application 88.2019.2.1 to Operate the Terrace Reserve Holiday
Park, Brunswick Heads
File No: I2020/1943
|
|
20-723
|
Resolved that, pursuant
to Section 94 of the Local Government Act 1993, Council refuse
activity application 88.2019.2.1 for the following reason:
1. The
proposed activity is likely to have a serious and irreversible impact on the
Coastal Cypress Pine Forest Endangered Ecological Community located in the
Southern Precinct of the Holiday Park. The activity is therefore considered
to be inconsistent with the principles of Ecologically Sustainable
Development as established under Section 89(3) of the Local Government Act
1993; in particular, that
conservation of biological diversity and ecological integrity should be a
fundamental consideration. (Coorey/Richardson)
The motion was put to the vote and declared carried.
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Staff Reports - Infrastructure
Services
|
|
Report No. 13.17 Linda
Vidler Memorial Parklands - Pump Track Design
File No: I2020/1368
|
|
|
Moved that Council approves
construction of the Stage 1 design plans for the Pump Track at Linda Vidler
Park. (Spooner/Hunter)
AMENDMENT
|
|
20-724
|
Resolved:
1. That
Council approves construction of the Stage 1 design plans for the Pump Track
at Linda Vidler Park.
2. That
Council allocates $200,000 from the Suffolk Park Open Space Developer
Contributions reserve to allow the design and construction of Stage 2 of the
Pump Track.
3. That
Council enters into a contract with World Trail Pty Ltd for the design and
construction of stage two of the pump track without calling for tenders
because inviting tenders would not achieve a satisfactory result due to the
following extenuating circumstances:-
a) World
Trail Pty Ltd already being selected by Council via market testing to
construct stage 1 of the pump track;
b) The
Suffolk Park Progress Association wanting an expansion of the pump track
beyond stage 1;
c) The
complexity of the contract arrangements between Council, the Suffolk Park
Progress Association and World Trail Pty Ltd for stage 1 of the pump track
– due to the track being funded by a combination of grant and Council
funding – would need to be repeated with a new contractor; and
d) Tendering
for the pump track extension rather than directly appointing the current
contractor to complete it would cause financial loss to Council, due to it
losing the economies of scale by continuing to contract with World Trail. (Lyon/Cameron)
The amendment was put to the vote and declared carried.
Crs Hunter, Spooner, and Hackett voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Hunter, Spooner, and Hackett voted against the motion.
|
Mayoral
Minute
There was no Mayoral Minute.
Notices of
Motion
|
|
Notice of Motion No. 9.1 Road
Access and Safety Principles
File No: I2020/1934
|
|
|
Moved that Council:
1. Adopts
the following Road Access and Safety Principles for the Byron Shire road
network.
a) All
users and modes of transport have an equal right of safe access to and
movement on the road network.
b) Road
safety audits must consider the access and safety of all road users, modes of
transport and services delivered within the road reserve such as bus stops
and waste collection.
c) Road
renewals, upgrades and maintenance must meet the needs of all road users,
modes of transport and services delivered in the road reserve and ensure
equitable funding for all users and modes.
d) New
road projects must include safe access infrastructure for cyclists,
pedestrians and services delivered in the road reserve and ensure equitable
funding for all users and modes.
2. Embeds
the Road Access and Safety Principles into the Operational/Delivery Plan at
the next quarterly review and include actions as follows.
a) Adapt
Asset Management policy, capital works and maintenance planning procedures so
that the Principles are applied to all new road related projects from July
2021.
b) Update
road related infrastructure, movement, access and safety policies to apply
the Principles by June 2021.
c) Identify
and update relevant DCP chapters by December 2021.
3. Receives
a report at the April Ordinary Meeting 2021 to report on progress and
identify a pathway and timetable to complete implementation of all necessary
actions.
4. Notes the Councillor
Background Notes attached to the report. (Cameron/Richardson)
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|
|
Procedural MotionS
|
|
20-725
|
Resolved that
Cr Cameron be granted a two minute extension to his speech. (Richardson/Lyon)
The motion was put to the vote and declared carried.
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|
20-726
|
Resolved that
item 9.1 rest on the table. (Cameron/Lyon)
The motion was put to the vote and declared carried.
Cr Spooner voted against the motion.
|
|
|
Notice of Motion No. 9.4 Opportunity
for activation and increased passive surveillance at the Mullumbimby Skate
Bowl
File No: I2020/1944
|
|
20-727
|
Resolved that Council:
1. Supports the concept of activating the sports
field adjacent to the Mullumbimby skate bowl with a dog park with the aim of
creating increased passive surveillance and stopping people being able to
drive on the field and damage it.
2. Requests the Sustainable Environment and
Economy Directorate staff to arrange for the preparation of a detailed design
for a dog park for consultation with the community, and a report of the
outcomes of the consultation to Council for final design endorsement.
3. Requests the Sustainable Environment and
Economy Directorate staff to ensure that the dog park design is integrated
with the wider planning work, which is looking at the future use and
development on adjacent lands including Lot 22 vacant land community gardens,
private lands, sports fields and the skate bowl.
4. Approves a budget allocation of $20,000 from an appropriately identified source to
undertake the necessary design work on the dog park to enable the community
consultation process, and following, refinement of a final design to enable
project delivery.
(Ndiaye/Martin)
The
motion was put to the vote and declared carried.
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Petitions
A petition was delivered during Public Access regarding Tallowood Ridge Reserve.
Delegates’ Reports
There were no delegates’ reports.
Staff
Reports - Corporate and Community Services
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|
Report No. 13.5 Project
Options for the Australian Government Local Roads and Community
Infrastructure Program Extension
File No: I2020/1857
|
|
20-728
|
Resolved:
That Council adopts the following projects to expend the
Australian Government’s Local Roads and Community Infrastructure
Program grant:
1. Lighthouse
Road Drainage at $1,200,000; and
2. Mullumbimby
Recreation Grounds and Skate Park at $208,882. (Spooner/Ndiaye)
The motion was put to the vote and declared carried.
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Staff
Reports - Sustainable Environment and Economy
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|
Report No. 13.8 Council's
Annual Emissions Inventory and progress towards our net zero emissions target
File No: I2020/1364
|
|
20-729
|
Resolved
that Council notes:
1. The
annual emissions inventory (Attachment 1 - #E2020/89501) and Council’s
progress toward meeting the net zero emissions target.
2. A
Councillor and staff workshop will be organised in the 2021/22 financial year
addressing the scope and implications associated with carbon offsetting.
3.
A report will be compiled on the outcomes of the workshop (item 2 above)
which will form the foundation for a carbon offsetting policy and procedure
as identified in the Net Zero Emissions Strategy for Council Operations
2025. (Ndiaye/Richardson)
The motion was put to the vote and declared carried.
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|
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Report No. 13.9 Main
Beach Shoreline Project - community consultation on the 7 options
File No: I2020/1481
|
|
20-730
|
Resolved that Council:
1. Notes
the community engagement activities for the Main Beach Shoreline Project
presently being undertaken on the seven concept design options (as outlined
in Table 1 of this report).
2. Receives
a report in early 2021 on the outcomes of community engagement activities and
feedback received to inform the selection by Council of three of the seven
discrete concept options to progress to the next stage of the project for
further refinement and detailed technical assessment. (Hackett/Cameron)
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|
|
Procedural Motion
|
|
20-731
|
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.
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The motion (Hackett/Cameron) was put to the vote and
declared carried.
The meeting adjourned at 12.20pm for a lunch break and
reconvened at 1.05pm.
|
|
Procedural
Motion
|
|
20-732
|
Resolved that Council change the order of business to
deal with item 9.3 next on the Agenda.
(Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
|
Notice of Motion No. 9.3 Petria
Thomas Swimming Pool in Mullumbimby - Conversion to year round facility
File No: I2020/1939
|
|
20-733
|
Resolved:
1. That
Council includes the actioning of resolution 20-061, Petria
Thomas Swimming Pool in Mullumbimby - Conversion to year round facility in
the operational plan for 2020/21.
2. That staff look for a way to source the funds required within the
budget. (Ndiaye/Lyon)
The motion was put to the vote and declared carried.
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|
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Report No. 13.10 PLANNING
- Development Application 10.2020.97.1 Stage 8 Tallowood Ridge Estate
Subdivision to Create Forty-Seven (47) Residential Lots at 77 Tuckeroo Avenue
Mullumbimby
File No: I2020/1716
|
|
20-734
|
Resolved that pursuant to Section 4.16 of the Environmental
Planning & Assessment Act 1979, Development Application No. 10.2020.97.1 for Stage 8 Tallowood Ridge Estate subdivision
to create forty-six (46) residential lots, be granted consent subject to the
conditions listed in Attachment 1 (#E2020/97750). (Ndiaye/Lyon)
The motion was put to the vote and declared carried.
Cr Cameron voted against the motion.
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|
|
Report No. 13.13 PLANNING
- Resolution 20-095 Review of Council's Signage Policy
File No: I2020/1823
|
|
20-735
|
Resolved:
1. That
Council defers further consideration of the proposed amendments to Chapter
B10 of Development Control Plan 2014, including road related signage for
public exhibition until it has been discussed further at a Strategic Planning
Workshop.
2. That
Council endorses the location on the corner of Gulgan Road and Mullumbimby
Road, identified in Figure 1 of this report, as a trial site for the
installation of an advertising structure for the various community groups to
attach temporary event signs to.
3. That
Council requests staff to prepare a procedure for the installation of
community event signage on the nominated trial site. (Richardson/Hunter)
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AMENDMENT
That Council:
1. Endorses
the proposed amendments to Chapter B10 of Development Control Plan 2014,
including road related signage for public exhibition.
2. Notes
that staff will directly engage with the business community about the
amendments during the public exhibition period as per Resolution 20-095.
3. Receives
a further report if submissions are received during the exhibition period.
4. If
no submissions are received, adopts the amendments to Chapter B10 of
Development Control Plan 2014 and notify as required by the Act.
5. Endorses
the location on the corner of Gulgan Road and Mullumbimby Road, identified in
Figure 1 of this report, as a trial site for the installation of an advertising
structure for the various community groups to attach temporary event signs to.
6. Requests
staff to prepare a procedure for the installation of community event signage on
the nominated trial site. (Ndiaye/Coorey)
The amendment was put to the vote and declared lost.
Crs Lyon, Richardson, Cameron, Spooner, Hunter voted
against the amendment.
The motion was put to the vote and declared carried.
Cr Ndiaye voted against the motion.
Staff
Reports - Infrastructure Services
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|
Report No. 13.18 Pedestrian
Access - Byron Bypass
File No: I2020/1828
|
|
20-736
|
Resolved that Council:
1. Notes
the need to undertake further transport survey to identity traffic,
pedestrian and bicycle volumes and pathways once the Byron Bay Bypass is
operational.
2. Investigates
the option of undertaking the above survey as part of a Byron Bay Access and
Movement Plan to be reported to Council separately. (Cameron/Richardson)
The motion
was put to the vote and declared carried.
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|
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Report No. 13.21 Byron
Bay Access and Movement Plan
File No: I2020/1941
|
|
20-737
|
Resolved:
1. That
Council supports the preparation of a brief for an Access and Movement Plan
for Byron Bay Town Centre.
2. That
the brief and an identified funding source be reported to Council prior to
progressing the project. (Cameron/Hackett)
The motion was put to the
vote and declared carried.
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Cr Lyon left the meeting at 1.56pm and did not return.
|
|
Procedural
Motion
|
|
20-738
|
Resolved that
the vote on Resolution No. 20-717 be recommitted. (Cameron/Richardson)
The motion was put to the vote and declared carried.
Cr Lyon was not present for
the vote.
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|
|
Report No. 17.1 Local
Traffic Committee Recommendations
File No: I2020/1984
|
|
20-739
|
Resolved that the Local Traffic Committee meeting
scheduled for 8 December 2020 be held as a face to face meeting of the LTC in
January 2021. (Cameron/Richardson)
The motion was put to the
vote and declared carried.
Cr Lyon was not present for
the vote.
|
|
|
Procedural Motion
|
|
20-740
|
Resolved that Report No. 9.1 be lifted from
the table. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Cr Lyon was not present for the vote.
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|
|
Notice of Motion No. 9.1 Road
Access and Safety Principles
File No: I2020/1934
|
|
20-741
|
Resolved that Council:
1. Adopts
the following Road Access and Safety Principles (RASPs) for the Byron Shire
road network:
a) All
users and modes of transport have an equal right of safe access to and
movement on the road network.
b) Road
safety audits must consider the access and safety of all road users, modes of
transport and services delivered within the road reserve such as bus stops
and waste collection.
c) Road
renewals, upgrades and maintenance must demonstrate that works have
considered all road users, modes of transport and services delivered in the
road reserve and ensure fair funding for all users and modes and any
inability to provide such delivery must be justified.
d) New
roads must include safe access infrastructure for cyclists, pedestrians and
services delivered in the road reserve and ensure fair funding for all users
and modes
2. Embeds
the Road Access and Safety Principles (RASPs) actions into the
Operational/Delivery Plan at the next quarterly review:
a) Adapt
Asset Management policy, capital works and maintenance planning procedures so
that the RASP’s are able to be applied to all new road related projects
from July 2021.
b) Update
road related infrastructure, movement, access and safety policies to be able
to apply RASP’s by June 2021.
c) Identify
and update relevant DCP chapters to include RASPs by December 2021.
3. Receives
a report at the April Ordinary Meeting 2021 to:
a) Report
on progress
b) identify
any conflicting issues and how they may be reconciled.
c) identify
a pathway and timetable to complete implementation of all necessary actions.
4. Notes
the Councillor Background Notes attached to the report. (Cameron/Richardson)
|
|
|
Procedural Motion
|
|
20-742
|
Resolved that Cr Cameron be granted a one minute
extension to his speech. (Richardson/Coorey)
The motion was put to the vote and declared carried.
Cr Lyon was not present for
the vote.
|
The motion (Cameron/Richardson) was put to the vote and
declared carried.
Crs Spooner and Hunter voted against the motion.
Cr Lyon was not present for the
vote
There being no further business the meeting concluded at 2.37pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 25 February 2020.
….…………………………
Mayor Simon Richardson
