Minutes of Ordinary Meeting - Thursday, 24 November 2022

Staff Reports - Corporate and Community Services

Report No. 13.3 Draft 2021/2022 Financial Statements

File No: I2022/1687

Resolved:

1. That Council adopts the Draft 2021/2022 Financial Statements incorporating the General Purpose Financial Statements (#E2022/112363) and Special Purpose Financial Statements (#E2022/112364).

2. That Council approves the signing of the “Statement by Councillors and Management” in accordance with Section 413(2)(c) of the Local Government Act 1993 and Section 215 of the Local Government (General) Regulation 2021 in relation to the 2021/2022 Draft Financial Statements.

3. That the Audited Financial Statements and Auditors Report be presented to the public at the Ordinary Meeting of Council scheduled for 15 December 2022 in accordance with Section 418(1) of the Local Government Act 1993.

(Lyon/Ndiaye)

Report No. 13.4 2022/23 Operational Plan Report - Q1 - September 2022

File No: I2022/1550

22-636

Resolved:

1. That Council notes the 2022/23 Operational Plan Quarter 1 Report for the period ending 30 September 2022 (Attachment 1 #E2022/102504).

2. That Council adopts the proposed amendments to the Operational Plan 2022/23 outlined in Attachment 2 (#E2022/84682). (Lyon/Ndiaye)

Report No. 13.6 Council Resolutions Quarterly Review - Q1 - 1 July to 30 September 2022

File No: I2022/1611

22-637

Resolved:

1. That Council notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2022/95661).

2. That Council notes the completed Resolutions in Attachment 2 (#E2022/95738).

3. That Council endorses the closure of Resolutions 22-001 and 22-120 as identified in Table 1: Council resolutions that are to be closed; and included in the completed Resolutions in Attachment 2 (#E2022/95738). (Lyon/Ndiaye)

Report No. 13.7 Council Investments - 1 October 2022 to 31 October 2022

File No: I2022/1613

22-638

Resolved that Council notes the report listing Council’s investments and overall cash position as at 31 October 2022 (Lyon/Ndiaye)

Report No. 13.8 Grants October 2022

File No: I2022/1621

22-639

Resolved:

1. Council notes the report and Attachment 1 (#E2022/107655) for Byron Shire Council’s grant submissions as at 31 October 2022.

2. Council endorses the following project applications under the NSW Government Infrastructure Betterment Fund:

a) Sandhills Wetlands Stormwater Retention Basin

b) Byron Bay Drainage Implementation – Stage 1

c) Shire-wide automated flood signage

d) New City Road and Avocado Court Drainage Betterment Program

3. Council endorses the following project applications under the Regional Roads Transport Recovery

a) Betterment of Mullumbimby Road

b) Betterment of Wilsons Creek Road

c) Main Arm Road Flood Resilience Upgrade (Lyon/Ndiaye)

Report No. 13.9 Recovery Action Plan

File No: I2022/1617

22-640

Resolved that Council adopts the Recovery Action Plan 2022-2024 in Attachment 1 (E2022/92056). (Lyon/Ndiaye)

Report No. 13.10 Refinance of Waste Loan No 66

File No: I2022/1652

22-641

Resolved that Council:

1. Refinance Loan No 66 with a principal value of $1,000,000 over the remaining ten year loan term and delegate to the General Manager to accept a loan finance offer based on these terms.

2. Authorise a one off additional loan principal repayment of $603,000 funded from the Other Waste Reserve on the maturity date of Loan No 66.

3. Increase the overall Council loan principal repayment budget by $603,000 from $4,089,300 to $4,692,300 for the 2022/2023 financial year.

4. Authorise the affixing of the Council seal to all documents that may require it, in regard to this loan refinancing. (Lyon/Ndiaye)

Staff Reports - Sustainable Environment and Economy

Report No. 13.11 Byron Shire Local Heritage Grants Program 2022-23

File No: I2022/1551

22-642

Resolved:

1. That Council endorses the recommended funding allocations of the Byron Shire Local Places Heritage Grants Program 2022-23 for landowners to complete building repairs, enhancements, and maintenance to prominent local heritage items in main towns as follows:

a) The applications in Attachments 2 and 3 to receive $4,500 each;

b) The Application in Attachment 1 to receive $3,000;

2. That the grant applicants be notified of Council’s decision. (Lyon/Ndiaye)

Reports of Committees – Corporate and Community Services

Report No. 14.1 Report of the Arts and Creative Industries Advisory Committee Meeting held on 20 October 2022

File No: I2022/1528

22-643

Resolved that Council notes the minutes of the Arts and Creative Industries Advisory Committee Meeting held on 20 October 2022. (Lyon/Ndiaye)

22-644

Resolved that Council adopts the following committee recommendation:

Report No. 4.2 Proposal for Public Art at South Golden Beach

File No: I2022/1320

Committee Recommendation 4.2.1

That the Committee notes the request for public art at South Golden Beach and recommends that the Association meet with Council’s Arts and Culture Officer and other relevant staff for the purpose of developing a robust proposal suitable for consideration. (Lyon/Ndiaye)

Reports of Committees – Infrastructure Services

Report No. 14.3 Report of the Water and Sewer Advisory Committee Meeting held on 20 October 2022

File No: I2022/1605

22-645

Resolved that Council notes the minutes of the Water and Sewer Advisory Committee Meeting held on 20 October 2022. (Lyon/Ndiaye)

22-646

Resolved that Council adopts the following committee recommendations:

Report No. 4.1 Review of Council's Onsite Sewage Management Strategy 2001 and Onsite Sewage Management Guidelines 2004

File No: I2022/934

Committee Recommendation 4.1.1

1. That Council notes that staff are preparing a new Onsite Sewage Management Strategy and Onsite Sewage Management Guidelines with the view to putting them on public exhibition;

2. That the committee requests that staff take onboard feedback and also consider the following further amendments to the documents;

a) a commitment to evapo-transpiration methods, or better beneficial reuse;

b) approach for systems bigger than 10 EP, and for commercial uses;

c) clear pathways in relation to multiple occupancy, community title and dual occupancy. (Lyon/Ndiaye)

22-647

Resolved that Council adopts the following committee recommendations:

Report No. 4.2 Management of Bamboo at Bangalow STP

File No: I2022/1285

Committee Recommendation 4.2.1

That Council:

a) seeks the highest value outcome for the bamboo; and

b) prepares a Master Plan for the Bangalow STP land (Lyon/Ndiaye)

Procedural Motion

22-648

Resolved that Council change the order of business to deal with Report 16.1 next on the Agenda. (Lyon)

The motion was put to the vote and carried unanimously.

LATE Reports

Report No. 16.1 Report of the Local Traffic Committee Meeting held on 15 November 2022

File No: I2022/1698

Procedural MotionS

22-649

Resolved that Council move into Committee to allow for free debate. (Dey/Lyon)

The motion was put to the vote and carried unanimously.

22-650

Resolved that this matter (Report 16.1) rest on the table. (Lyon)

The motion was put to the vote and carried unanimously.

22-651

Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon)

The motion was put to the vote and carried unanimously.

PRESENTATION

Mr Adam Bradfield of Thomas Noble and Russell gave a presentation to Council regarding the 2021/2022 Financial Statements and the audit outcome.

Notices of Motion

Cr Balson left the Chamber at 11:00am due to her declared not significant non-pecuniary conflict of interest.

Notice of Motion No. 9.1 Backzoning Linnaeus

File No: I2022/1642

22-652

Resolved that:

1. Council requests staff to commence preparation of a planning proposal to rezone the Linnaeus site (Lot 1 DP1031848 ) from its current SP1 Mixed Use Development Zone to a C4 Environmental Living Zone, such that no additional development can be undertaken on the site other than the existing approved land uses;

2. Staff advise the landowners of point ‘1’ above;

3. The landowners be requested to submit any required technical studies for the site to support the proposed rezoning and at a standard to Council’s satisfaction, to enable an assessment to be undertaken by or before April 2023;

4. A gateway assessment report be presented to Council following completion of point ‘3’;

5. Consultation for the planning proposal by Council will be undertaken following the issue of, and in accordance with the gateway determination. (Lyon/Dey)

The motion was put to the vote and carried unanimously.

Cr Balson was not present for the vote.

Notice of Motion No. 9.2 Mayoral Fund 2022/2023 - Allocation of Funding

File No: I2022/1643

22-653

Resolved that Council confirms the donations from the Mayor’s Discretionary Allowance 2022/2023 as per the recommendation in Confidential Attachment 1 (E2022/111103), including applications partially supported. (Lyon/Ndiaye)

The motion was put to the vote and carried unanimously.

Cr Balson was not present for the vote.

Cr Balson returned to the Chamber at 11.15am.

Notice of Motion No. 9.3 Support for the draft Bill to establish a Commonwealth Postal Savings Bank

File No: I2022/1644

Moved:

1. That Council notes that:

a) Bank branch and ATM closures are leaving many communities without access to financial services, especially in regional Australia;

b) Since 1975 the number of bank branches in regional Australia has fallen by more than 60 per cent, and there are more than 1,500 communities across Australia with no bank branches at all;

c) A large proportion of the population, including the elderly, disabled, small businesses, and local schools and charities, will always have a need for face-to-face financial services, despite advances in technology;

d) For hundreds of communities, their only access to cash and financial services is through Bank@Post at their local post office;

e) Bank@Post is an essential service to all communities, but is vulnerable to commercial decision-making by the banks, which can choose to withdraw their participation, and charge excessive fees on transactions; and

f) With four major banks controlling 80 per cent of the financial system, Australian consumers suffer from a lack of real banking competition.

2. That Council calls on the Commonwealth Parliament to establish a Commonwealth Postal Savings Bank to provide a people’s bank, fully guaranteed by the Commonwealth, as a dedicated postal savings bank, operating through Australia Post’s corporate and licensed post offices, which will ensure basic banking services—including deposit-taking, small business and personal lending, and access to cash—and be available to all Australians.

3. That Council writes to our State and Federal Members of Parliament, to inform them of Council’s desire to support the passage of the Commonwealth Postal Savings Bank Bill through Parliament.

4. That the Mayor, on behalf of Council, moves a resolution at Northern Rivers Joint Organisation ( NRJO) as per the above to lend regional weight to the campaign.

(Lyon/Dey)

The motion was put to the vote and declared lost.

Crs Hunter, Pugh, Westheimer, Swivel and Balson voted against.

Delegates' Reports

Cr Hunter gave a brief report on the Mullumbimby Showground.

Cr Ndiaye gave a brief report on the Climate Change and Resource Recovery Advisory Committee.

Cr Ndiaye gave a brief report on the Caper Festival last fortnight in Byron Bay.

Cr Ndiaye gave a brief report on the Rainbow Creative event in Brunswick Heads .

Cr Westheimer noted it was the 10 year anniversary of Positive Change for Marine Life.

Staff Reports - Corporate and Community Services

Report No. 13.1 Meeting Schedule 2023 - Council Meetings, Committee Meetings, and Councillor Workshops

File No: I2022/1445

22-654

Resolved:

1. That Council endorses the meeting frequency and cycle to generally follow the monthly pattern of:

1st Thursday – Councillor Workshop & Planning Review Committee

2nd Thursday - Planning Meeting

3rd Tuesday – Committee meetings

3rd Thursday - Committee meetings

4th Thursday - Ordinary Meeting

5th Thursday (where applicable) – Committee meetings or Councillor Workshop

2. That Council continues to support a recess in January and July each year, where no meetings are scheduled.

3. That Council adopts the following schedule of Ordinary and Planning Council Meetings, Councillor Workshops, and Committee Meetings for 2023:

Date	Meeting/Workshop (Thursday & Tuesday)

Jan-23	RECESS
2-Feb-23	Workshop
9-Feb-23	Planning
14-Feb-23	Committee
16-Feb-23	Committee
23-Feb-23	Ordinary
02-Mar-23	Workshop
9-Mar-23	Planning
14-Mar-23	Committee
16-Mar-23	Committee
23-Mar-23	Ordinary
30-Mar-23	Committee
06-Apr-23	Workshop
13-Apr-23	Planning
18-Apr-23	Committee
20-Apr-23	Committee
27-Apr-23	Ordinary
04-May-23	Workshop
11-May-23	Planning
16-May-23	Committee
18-May-23	Committee
25-May-23	Ordinary
01-Jun-23	Workshop
08-Jun-23	Planning
13-Jun-23	Committee
15-Jun-23	Committee
22-Jun-23	Ordinary
29-Jun-23	Committee
Jul-23	RECESS
03-Aug-23	Workshop
10-Aug-23	Planning
15-Aug-23	Committee
17-Aug-23	Committee
24-Aug-23	Ordinary
31-Aug-23	Committee
07-Sep-23	Workshop
14-Sep-23	Planning
19-Sep-23	Committee
21-Sep-23	Committee
28-Sep-23	Ordinary
05-Oct-23	Workshop
12-Oct-23	Planning
17-Oct-23	Committee
19-Oct-23	Committee
26-Oct-23	Ordinary
02-Nov-23	Workshop
09-Nov-23	Planning
16-Nov-23	Committee
21-Nov-23	Committee
23-Nov-23	Ordinary
30-Nov-23	Workshop
07-Dec-23	Planning
12-Dec-23	Committee
14-Dec-23	Ordinary

4. That the Ordinary Meetings commence at 9.00am. That where inspections are scheduled on the same day Planning meetings commence at 11am, or 9am where there are no inspections scheduled.

5. That Ordinary and Planning Council Meetings are held in the Conference Room, Mullumbimby, until the restoration and renovation of the Council Chambers is complete, at which point Meetings will resume being held in the Council Chambers. (Pugh/Lyon)

AMENDMENT

Moved:

1. That Council endorses the meeting frequency and cycle to generally follow the monthly pattern of:

1st Thursday – Councillor Workshop & Planning Review Committee

2nd Thursday - Planning Meeting

3rd Tuesday – Committee meetings

3rd Thursday - Committee meetings

4th Thursday - Ordinary Meeting

5th Thursday (where applicable) – Committee meetings or Councillor Workshop

2. That Council continues to support a recess in January and July each year, where no meetings are scheduled.

3. That Council adopts the following schedule of Ordinary and Planning Council Meetings, Councillor Workshops, and Committee Meetings for 2023:

Date	Meeting/Workshop (Thursday & Tuesday)

Jan-23	RECESS
2-Feb-23	Workshop
9-Feb-23	Planning
14-Feb-23	Committee
16-Feb-23	Committee
23-Feb-23	Ordinary
02-Mar-23	Workshop
9-Mar-23	Planning
14-Mar-23	Committee
16-Mar-23	Committee
23-Mar-23	Ordinary
30-Mar-23	Committee
06-Apr-23	Workshop
13-Apr-23	Planning
18-Apr-23	Committee
20-Apr-23	Committee
27-Apr-23	Ordinary
04-May-23	Workshop
11-May-23	Planning
16-May-23	Committee
18-May-23	Committee
25-May-23	Ordinary
01-Jun-23	Workshop
08-Jun-23	Planning
13-Jun-23	Committee
15-Jun-23	Committee
22-Jun-23	Ordinary
29-Jun-23	Committee
Jul-23	RECESS
03-Aug-23	Workshop
10-Aug-23	Planning
15-Aug-23	Committee
17-Aug-23	Committee
24-Aug-23	Ordinary
31-Aug-23	Committee
07-Sep-23	Workshop
14-Sep-23	Planning
19-Sep-23	Committee
21-Sep-23	Committee
28-Sep-23	Ordinary
05-Oct-23	Workshop
12-Oct-23	Planning
17-Oct-23	Committee
19-Oct-23	Committee
26-Oct-23	Ordinary
02-Nov-23	Workshop
09-Nov-23	Planning
16-Nov-23	Committee
21-Nov-23	Committee
23-Nov-23	Ordinary
30-Nov-23	Workshop
07-Dec-23	Planning
12-Dec-23	Committee
14-Dec-23	Ordinary

4. That the Ordinary and Planning Council Meetings commence at 9.00am.

The amendment was put to the vote and declared lost.

Crs Lyon, Ndiaye, Pugh, Hunter, Swivel voted against the amendment.

The motion was put to the vote and declared carried.

Crs Dey and Westheimer voted against the motion.

Cr Swivel left the Chambers at 12:04pm.

Report No. 13.2 Annual Report 2021/22

File No: I2022/1612

22-655

Resolved that Council notes the Annual Report 2021/22 (#E2022/89378), included as Attachment 1 to this report, and its submission to the Minister for Local Government. (Ndiaye/Lyon)

The motion was put to the vote and carried unanimously.

Cr Swivel was not present for the vote.

Report No. 13.5 Budget Review - 1 July 2022 to 30 September 2022

File No: I2022/1608

22-656

Resolved:

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2022/109971) which include the following results in the 30 September 2022 Quarterly Review of the 2022/2023 Budget:

a) General Fund – $0 movement to the Estimated Unrestricted Cash Result

b) General Fund - $3,005,900 decrease in reserves

c) Water Fund - $1,536,100 decrease in reserves

d) Sewerage Fund - $278,600 decrease in reserves

2. That Council adopts the revised General Fund Estimated Unrestricted Cash Result of ($207,000) for the 2022/2023 financial year as at 30 September 2022

(Pugh/Ndiaye)

The motion was put to the vote and carried unanimously.

Cr Swivel returned to the Chambers at 12:12pm.

Staff Reports - Infrastructure Services

Report No. 13.12 Byron Shire Natural Burial Ground - Next Steps

File No: I2022/1429

22-657

Resolved that Council:

1. Rescinds Resolution 21-250 part 2 and no longer support a Natural Burial Ground at Council’s Vallances Road site (Lot 1 DP 129374);

2. Further investigate both Clunes and Mullumbimby cemeteries for a Natural Burial Ground and receive a report on the matter in the first quarter of 2023; and

3. Thanks the Natural Burial Group Reference Group members for their contribution in the project and advise the group of these outcomes and ask its community members whether they wish to continue their involvement in the Project. (Dey/Lyon)

The motion was put to the vote and carried unanimously.

Report No. 13.13 Vallances Road Options and Next Steps

File No: I2022/1430

22-658

Resolved that Council considers this report at the next available Councillor Workshop

(Westheimer/Dey)

The motion was put to the vote and carried unanimously.

Cr Westheimer left the Chambers at 12.25pm.

Cr Swivel left the Chambers at 12.26pm.

Report No. 13.14 Detention Basin Lot 12 Bayshore Drive

File No: I2022/1514

22-659

Resolved that Council:

1. Declines to accept any of the tenders as the values significantly exceeded estimates.

2. In accordance with Clause 178(3)(e) of the Local Government (General) Regulation 2021, enter negotiations with a view to entering a contract in relation to the detention basin and access road reflecting the urgent need to complete these works prior to the opening of the TAFE Community Learning Centre and for the reasons of economies of scale, construction efficiencies, and timeliness of delivery.

3. 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 2021.

4. Approves an additional budget of $1,200,000 to a total budget of $2,257,000 necessary to complete the works subject of this report.

5. Increases its loan borrowing requirement for the 2022/2023 financial year by $1,200,000 in the 2022/2023 financial year to fund the works subject of this report.

6. Authorises the General Manager to accept loan borrowing terms offered to Council that represent the best financial outcome amongst other loan offers received.

7. Authorises the affixing of the Council Seal (if required) to any documents to execute the loan borrowings outlined in this report. (Hunter/Lyon)

The motion was put to the vote and carried unanimously.

Crs Westheimer and Swivel were not present for the vote.

Reports of Committees - Sustainable Environment and Economy

Report No. 14.2 Report of the Coast and ICOLL Advisory Committee Meeting held on 20 October 2022

File No: I2022/1533

22-660

Resolved that Council:

1. Notes the minutes of the Coast and ICOLL Advisory Committee Meeting held on 20 October 2022.

2. In relation to the Committee’s report 4.1, support ongoing development of Council’s Integrated Management System (IMS).

3. In relation to the Committee’s report 4.2, notes that:

a) development is continuing of CMP’s and CMP projects for the Byron Shire coastline,

b) issues including lack of funding are hindering progress of the CMP’s.

4. Adopts the pathway forward and next steps for CMP preparation as recommended in the Committee’s report 4.2, including dividing into several CMP’s for geographical areas of our coastal zone (Tallow, Belongil and Brunswick Estuaries) and considering dividing our open coast into 3 segments.

5. In relation to Committee report 4.3, notes the project “Bringing Back the Bruns” is ongoing. (Dey/Lyon)

The motion was put to the vote and carried unanimously.

Crs Swivel and Westheimer were not present for the vote.

Cr Westheimer returned to the Chambers at 12:35pm

Procedural Motion

22-661

Resolved that Report No. 16.1 be lifted from the table. (Lyon)

The motion was put to the vote and carried unanimously.

Cr Swivel was not present for the vote.

Late Reports

Report No. 16.1 Report of the Local Traffic Committee Meeting held on 15 November 2022

File No: I2022/1698

22-662

Resolved that Council notes the minutes of the Local Traffic Committee Meeting held on 15 November 2022. (Lyon/Dey) .

22-663

Resolved that Council adopts the following Committee Recommendations:

Report No. 6.1 Additional information regarding Byron Bay Traffic and Pedestrian Management Strategy for the Christmas & New Years eve Period 2022

File No: I2022/1524

Committee Recommendation 6.1.1

That the Local Traffic Committee notes:

1. The type of regulatory signage used in the TCP’s is the appropriate signage endorsed by a qualified authority, and

2. That updated TCP’s are provided for the information of the Committee showing altered traffic control arrangements, including the addition of Traffic Controllers in key areas over the event period. (Lyon/Dey)

22-664

Resolved that Council adopts the following Committee Recommendation:

Report No. 6.3 Additional parking restrictions on Short Street, Byron Bay (Road safety)

File No: I2022/1540

Committee Recommendation 6.3.1

It is recommended that the parking restrictions contained within figure 2 and attached within this report be implemented to increase road safety. (Lyon/Dey)

Report No and Title		Name	For/ Against	Representing	Submission Received in form of
9.1	Backzoning Linnaeus	Steve Duchen	For	BHCF Pty Limited - Linnaeus Estate	Zoom
16.1	Report of the Local Traffic Committee Meeting held on 15 November 2022	Jennifer Lynn Bird	For (Report 6.8)	Place Planning Collective Bangalow	Zoom
		Bobbi Allan	Against (Report 6.7)	Mullumbimby Residents Association	In person
		Basil Cameron		Mullumbimby Residents Association Transport Justice Self	In person
		Linda Meades		Self	In person