Minutes
Ordinary Meeting
Thursday, 24 November 2022
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
24 November 2022
The following items are listed in the order in which they were dealt with.
Report No. 13.3 Draft 2021/2022 Financial Statements
Report No. 13.4 2022/23 Operational Plan Report - Q1 - September 2022
Report No. 13.6 Council Resolutions Quarterly Review - Q1 - 1 July to 30 September 2022
Report No. 13.7 Council Investments - 1 October 2022 to 31 October 2022
Report No. 13.8 Grants October 2022
Report No. 13.9 Recovery Action Plan
Report No. 13.10 Refinance of Waste Loan No 66
Report No. 13.11 Byron Shire Local Heritage Grants Program 2022-23
Report No. 14.3 Report of the Water and Sewer Advisory Committee Meeting held on 20 October 2022
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 15 November 2022
Notice of Motion No. 9.1 Backzoning Linnaeus
Notice of Motion No. 9.2 Mayoral Fund 2022/2023 - Allocation of Funding.
Notice of Motion No. 9.3 Support for the draft Bill to establish a Commonwealth Postal Savings Bank
Report No. 13.2 Annual Report 2021/22
Report No. 13.5 Budget Review - 1 July 2022 to 30 September 2022
Report No. 13.12 Byron Shire Natural Burial Ground - Next Steps
Report No. 13.13 Vallances Road Options and Next Steps
Report No. 13.14 Detention Basin Lot 12 Bayshore Drive
Report No. 14.2 Report of the Coast and ICOLL Advisory Committee Meeting held on 20 October 2022
Report No. 16.1 Report of the Local Traffic Committee Meeting held on 15 November 2022
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 24 November 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 24 November 2022 COMMENCING AT 9.09AM AND CONCLUDING AT 12.42PM.
I2022/1705
PRESENT: Cr M Lyon (Mayor), Cr S Balson [virtual], Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh, Cr M Swivel and Cr P Westheimer
Staff: Mark Arnold (General Manager)
Esmeralda Davis (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Judd Cornwall (Traffic and Transport Engineer) – Report 16.1
Adam Bradfield (Thomas Noble and Russell, External Audit Provider)
Heather Sills (Manager Corporate Services) – Report 13.1
Cameron Clark (Manager Utilities) – Report 13.12
James Flockton (Infrastructure Planning Coordinator) – Report 16.1
Amber Evans Crane / Storm Townsend (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 |
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 |
The meeting adjourned at 9.45am for a short break and reconvened at 10.03am.
Cr Coorey was an apology in accordance with her previously granted leave of absence, resolution number 22-476.
Applications to Attend by Audio-Visual Link
There were no new applications to attend by audio-visual link. Cr Balson was previously granted permission to attend by audio-visual link.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Balson declared a non-significant non-pecuniary interest in Report 9.1. The nature of the interest being she has a friend who lives at the property on occasion and knows a shareholder who she has worked for as a consultant in the past. Cr Balson elected to leave the Chamber and will not participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
In accordance with clause 4.9 of the Code of Conduct, the Mayor tabled a Return of Interests for Heather Sills, Manager Corporate Services.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary Meeting held 27 October 2022 be confirmed. (Lyon/Westheimer) The motion was put to the vote and carried unanimously. |
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. 13.1 Meeting Schedule 2023 - Council Meetings, Committee Meetings, and Councillor Workshops
Report No. 13.2 Annual Report 2021/22
Report No. 13.5 Budget Review - 1 July 2022 to 30 September 2022
Infrastructure Services
Report No. 13.12 Byron Shire Natural Burial Ground - Next Steps
Report No. 13.13 Vallances Road Options and Next Steps
Report No. 13.14 Detention Basin Lot 12 Bayshore Drive
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
Late Reports
Report No. 16.1 Report of the Local Traffic Committee Meeting held on 15 November 2022
6.1 Additional information regarding Byron Bay Traffic and Pedestrian Management Strategy for the Christmas & New Year’s eve Period 2022
6.2 Belongil Parking Scheme Review - New parking limits
6.3 Additional parking restrictions on Short Street, Byron Bay (Road safety)
6.5 Centennial Circuit One Way System, Byron Bay
6.6 Mobile Library Suffolk Park, Beech Drive, Suffolk Park
6.7 Intersection Reprioritisation - Tincogan Street at Dalley Street and Stuart Street
6.8 Station Street, Bangalow - Accessible Parking Space
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Ndiaye. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 22-635 and concluding with Resolution No. 22-647.
Staff Reports - Corporate and Community Services
|
Report No. 13.9 Recovery Action Plan File No: I2022/1617
|
Resolved that Council adopts the Recovery Action Plan 2022-2024 in Attachment 1 (E2022/92056). (Lyon/Ndiaye) |
Staff Reports - Sustainable Environment and Economy
Reports of Committees – Corporate and Community Services
Reports of Committees – Infrastructure Services
|
Procedural Motion |
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. |
|
Report No. 16.1 Report of the Local Traffic Committee Meeting held on 15 November 2022 File No: I2022/1698
|
|
Procedural MotionS |
Resolved that Council move into Committee to allow for free debate. (Dey/Lyon) The motion was put to the vote and carried unanimously. |
Resolved that this matter (Report 16.1) rest on the table. (Lyon) The motion was put to the vote and carried unanimously. |
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.
Cr Balson left the Chamber at 11:00am due to her declared not significant non-pecuniary conflict of interest.
Cr Balson returned to the Chamber at 11.15am.
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
AMENDMENT
|
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:
4. That the Ordinary and Planning Council Meetings commence at 9.00am. 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. (Dey/Westheimer) |
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
|
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
|
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 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
|
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
|
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
|
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
|
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 |
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. |
|
Report No. 16.1 Report of the Local Traffic Committee Meeting held on 15 November 2022 File No: I2022/1698
|
Resolved that Council notes the minutes of the Local Traffic Committee Meeting held on 15 November 2022. (Lyon/Dey) . |
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) |
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) |
Resolved that Council adopts the following Committee Recommendation: Report No. 6.4 Byron Bay Sleep Bus File No: I2022/1559
Committee Recommendation 6.4.1 It is recommended that Local traffic Committee support the installation of the signage shown in figure 1 of report at the intersection of Somerset Street and Wordsworth Street, Byron Bay. (Lyon/Dey) |
Resolved that Council adopts the following Committee Recommendation: Report No. 6.5 Centennial Circuit One Way System, Byron Bay File No: I2022/1614
Committee Recommendation 6.5.1 That the Local Traffic Committee supports the permanent one-way installation and regulatory signage proposed for Byron Bay Industrial Estate on Centennial Circuit, Brigantine Street, Tasman Way and Wollongbar Street included in Attachment 1 (E2022/107955). (Lyon/Dey) |
Resolved that Council adopts the following Committee Recommendation: Report No. 6.6 Mobile Library Suffolk Park, Beech Drive, Suffolk Park File No: I2022/1619
Committee Recommendation 6.6.1 That the Local Traffic Committee endorse the installation of the no parking signage shown in figure 1. (Lyon/Dey) |
Resolved that Council adopts the following Committee Recommendation 6.7.1 and subject to Local Traffic Committee endorsement at its 30 November 2022 Extraordinary meeting include the addition of a zebra crossing at the refuge location in attachment 1 (E2022/108371) and 2 (E2022/108372). That If a zebra crossing is not supported by the LTC, the reprioritisation of the intersections proceed while zebra crossing options are further investigated. Report No. 6.7 Intersection Reprioritisation - Tincogan Street at Dalley Street and Stuart Street File No: I2022/1632 Committee Recommendation 6.7.1 That the Local Traffic Committee endorse the reprioritisation of the intersections of Stuart / Tincogan Street and Dalley / Tincogan Street based on the layout contained within attachment 1 (E2022/108371) and 2 (E2022/108372) of this report. (Lyon/Dey) |
|
Resolved that Council adopts the following Committee Recommendation: Report No. 6.8 Station Street, Bangalow - Accessible Parking Space File No: I2022/1637
Committee Recommendation 6.8.1 That the Local traffic Committee support the provision for an accessible parking space adjacent 19 Station Street, Bangalow (Lyon/Dey) |
The motions (22-662 to 22-669) were put to the vote and carried unanimously.
Cr Swivel was not present for the vote.
There being no further business the meeting concluded at 12:42pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 15 December 2022.
….…………………………
Mayor Michael Lyon