Minutes
Ordinary
Meeting
Thursday, 26
August 2021
Ordinary Meeting
Minutes
26 August 2021
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 26 August 2021 COMMENCING
AT 9:07AM AND
CONCLUDING AT 2.55PM
I2021/1344
PRESENT: Cr
M Lyon (Mayor), Cr B Cameron, Cr J Martin, and Cr S Ndiaye
REMOTE:
Cr C Coorey, Cr J Hackett, Cr A Hunter, 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)
Sharyn
French (Manager Environmental & Economic Planning) – item 13.15
Evan
Elford (Manager Works) – item 13.12
Rob
Van Iersel (Place Activation Coordinator) – item 13.16
James
Flockton (Infrastructure Planning Coordinator) – 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
|
For/ Against
|
Name
|
Joining the meeting via
|
13.2
|
Rent relief to commercial lease and
sub-licence holders due to COVID-19
|
For
|
Kurt
Tutt
|
Zoom
|
Tricia Shantz
|
Zoom
|
13.15
|
Size Limitations on Secondary Dwellings
in Rural Zones
|
For
|
Duncan Dey
|
Zoom
|
Against
|
Luke Houghton
|
Written speech
|
Subject
|
Name
|
Joining the meeting via
|
Koala Plan of Management (2019)
progress with
adoption and support from State
Government*
|
Kate Coxall
|
Zoom
|
Market Research on 5G in the Byron
Shire
|
Tashi Lhamo
|
Zoom
|
Landmark legal case won against
wireless regulatory agencies in the U.S
|
Rinat Strahlhofer
|
Zoom
|
*The
question raised by Kate Coxall during her submission was taken on notice:
Question No. 1 - Koala Plan of Management (2019) progress
with adoption and support from State Government
Koala Sepp 2020 outlines that before
granting consent to a DA, for consent to carry out work on land which applies,
that it is satisfied that there is a plan of management prepared in accordance
with Part 3 that is applied to the land.
Part 3 reads that this policy aims to
encourage the proper conservation and management of areas of natural vegetation
that provide a natural habitat for koala's, to ensure a permanent free-living
population over their present range, and reverse the current trend of koala
population decline by requiring the preparation of planned management
before DA can be granted, in relation to areas of core koala habitat, and by
encouraging the identification of areas of core koala habitat and by
encouraging the inclusion of core koala habitat's in environmental protection
zones.
1) Are all
recent DA submissions including that of Alidenes Road, Wilsons Creek in
alignment with these principles?
2) What will
Council be doing/ put in place to protect the koala population that is
regularly sighted?
The questions were taken on notice.
Question
No. 2 - Borrowing for the Byron Bypass
John Anderson asked the following question:
Bearing in mind the $1 million that the council lost a
dozen or so years ago during the G.F.C as a result of purchasing American junk
bonds, and bearing in mind that a couple of years ago the Financial Services
Royal Commission pointed out that some financial brokers invested super funds
on the basis of what commission they would receive, rather than on what benefit
would accrue to the super fund itself, and furthermore bear in mind that some
months ago Council warned that the millions proposed to be borrowed for the
Tyagarah Solar Farm would put Council at its borrowing limit, how does Council
account for the recent further borrowing of $1.75 million for the completion of
the bypass, other than that it committed to higher interest rates and more
onerous terms with a more generous allowance or commission for the agent/broker
who was able to arrange the loan?
The Director Corporate and Community Services provided the
following response on behalf of the General Manager:
Council, by resolution, authorised the borrowing of
$1.75million to fund costs to complete the Byron Bay Bypass. The loan
borrowing undertaken was in accordance with a revised loan borrowing
requirement for the 2020/2021 financial year lodged with the Office of Local
Government via NSW Treasury Corporation.
The borrowing of the loan was completed on 25 June 2021
after seeking expressions of interest from major Australian financial
institutions. The loan borrowing process was conducted by Council; no
agent or broker was involved nor was a commission paid to any party.
The loan was secured with the Commonwealth Bank repayable
over 20 years at a fixed interest rate of 2.31% per annum for the entire loan
term. At the time of borrowing, the interest rate secured by Council was
lower than the interest rate offered by NSW Treasury Corporation under the
‘Low Cost Loans Initiative’ for New South Wales Councils. The
loan borrowing for the Bypass has yielded Council the second lowest interest
rate on any loan borrowing it has ever undertaken so the suggestion that
Council has committed itself to higher interest rates and more onerous terms as
outlined in the question is incorrect.
The meeting adjourned at 9:42am and reconvened at 10:02am.
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
Cr Hunter declared a
non-pecuniary interest in Report 13.15. The nature of the interest being that he
is the owner of land in a rural zone. Cr Hunter elected to remain in the
Chamber and participate in discussion and the vote.
Cr Cameron declared a non-significant non-pecuniary interest
in Report 13.15. The nature of the interest being that he is an owner of R5
land that may be captured by a review contemplated by Motion. Cr Cameron
elected to remain in the Chamber and participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
21-305
|
Resolved that
the minutes of the Ordinary Meeting held 24 June 2021be confirmed.
(Hackett/Lyon)
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 Rent relief to
commercial lease and sub-licence holders due to COVID-19
Report No. 13.5 Lease
to Australia Skydive Pty Ltd
Corporate and Community Services
Report No. 13.7 YouthSay
Program - Report and Recommendations
Report No. 13.12 Delivery Program 6-monthly
Report and 2020/21 Operational Q4 Report - to 30 June 2021
Report No. 13.14 Local Government NSW Annual
Conference 2021
Sustainable Environment and Economy
Report No.
13.15 Size limitations on Secondary Dwellings in rural zones
Report No.
13.16 Mullumbimby Talking Street Trial Project - Parklets
Infrastructure Services
Report No.
13.17 Parking Management within New Brighton and The Esplanade Area
The remaining Recommendations and
Committee Recommendation were adopted as a whole, being moved by Cr Lyon and
seconded by Cr Martin. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 21-306 and concluding with
Resolution No. 21-334.
Petitions
|
Petition No. 10.1 Petition
against PopCar Van Parked Permanently in Paterson Street
File No: I2021/1211
|
21-306
|
Resolved:
1. That
the petition regarding Popcar van parked permanently on Paterson Street be
noted.
2. That
Council note that staff have already had Popcar remove the vehicle, on 9 July
2021. (Lyon/Martin)
|
|
Petition No. 10.2 Stuart
Street Greenspine
File No:I2021/1290
|
21-307
|
Resolved:
1. That
the petition regarding Stuart Street Greenspine project be noted.
2. That
detailed design of the concept design continue to be progressed. (Lyon/Martin)
|
Submissions
and Grants
|
Report No. 11.1 Grants
and Submissions June/July 2021
File No: I2021/1237
|
21-308
|
Resolved that Council notes the report and Attachment
1 (#E2021/99272) for Byron Shire Council’s Submissions and Grants as at
31 July 2021. (Lyon/Martin)
|
Staff Reports - General Manager
|
Report No. 13.1 Licence
to Mullumbimby District Cultural Centre Incorporated
File No: I2021/532
|
21-309
|
Resolved:
1. That
Council notes that two submissions were received on the proposed licence to
the Mullumbimby District Cultural Centre Incorporated over Lot 1 DP91865
known as the Mullumbimby Drill Hall.
2. That
Council, following consideration of the two public submissions received,
authorises the General Manager, under delegation, to enter into a licence
with the Mullumbimby District Cultural Centre Incorporated over Lot 1 DP91865
on the following:
a) term
five years without holding over to commence on 1 September 2021,
b) commence
at base rent of $490 (exclusive of GST) and
thereafter increase rent annually by Consumer Price Index All Groups Sydney
for the previous quarter,
c) for the purpose of a public hall,
d) the Licensee must hire out the Premises for community
purposes only and must expend all hire income received upon the operating
expenses, maintenance, and improvements to the premises,
e) the Licensee to be responsible, at its cost, for all:
i. non-structural
maintenance, repairs, and renewals to the Premises,
ii. usage
costs for all services connected to the Premises, and
iii requisite
public risk insurance and contents insurance for full replacement value.
f) the Licensee not
to construct, install or otherwise add any improvements to the Premises
without the prior written consent of Council that will not be unreasonably
withheld, and
g) the
Licensor to provide the following subsidies:
i. rent
to the value of $42,830 being 6% of the Unimproved Land Value less the
Licensee rent,
ii. annual
fixed rates and charges in accordance with Council Policy Section 356
Donations Rates, Water and Sewerage Charges,
iii. building
insurance, and
iv. annual
pest inspections and controls, annual fire safety requirements and all
structural building repairs where the damage is not the result of the
Licensee’s use of the Premises. (Lyon/Martin)
|
|
Report No. 13.3 Lease
to Byron Shire Respite Service Incorporated
File No: I2021/953
|
21-310
|
Resolved:
1. That
Council authorises 28-day community consultation for a proposed lease to Byron
Shire Respite Service Incorporated (ABN 80 199 561
418) on the following terms:
a) term
five years with three by five-years options to renew,
b) to
commence at base rent of $490 (exclusive of GST)
and thereafter increase rent annually by Consumer Price Index All Groups
Sydney for the previous quarter, with a full rent review every five-years,
c) for the provision of community services,
d) Lessee to pay the following outgoings, at its cost:
i. non-structural
maintenance, repairs, and renewals to the leased area,
ii. usage
costs for Lessee connected services,
iii. public
risk insurance and contents insurance for full replacement value.
e) the Lessee must not to
construct, install or otherwise add any improvements to the leased area
without the prior written consent of Council that will not be unreasonably
withheld,
f) the Lessor
consents to the Lessee sub-leasing 130.9sqm of the Premises to the Brunswick
Valley Meals on Wheels Incorporated at a flat rent of $490 (excluding GST)
per annum for the purpose of community services,
g) the Lessor must, at its
cost, manage, maintain, and renew 1,700sqm of the vacant land in the lease
area for the term, and
h) the
Lessor to provide the following subsidies:
i. annual
fixed rates and charges in accordance with Council Policy Section 356
Donations Rates, Water and Sewerage Charges,
ii. building
insurance, and
iii. annual
fire safety requirements and all structural building repairs where the damage
is not the result of the Lessee’s use of the leased area.
2. That Council
authorises the General Manager, under delegations, to enter into the proposed
lease with Byron Shire Respite Service Incorporated
(ABN 80 199 561 418) following no submissions being received from the
public consultation.
3. That
a new report be brought to Council for consideration of the proposed lease if
submissions are received from the public consultation.
4. That
Council terminates the Delegated Authority under Section 377 of the Local
Government Act 1993 for a Brunswick Valley Community Centre Section 355
Management Committee and authorises the winding-up of the section 355
Committee on the commencement date of the proposed lease. (Lyon/Martin)
|
|
Report No. 13.4 Request
to change Railway Park Artisan Market day for one market only
File No: I2021/1188
|
21-311
|
Resolved that Council, having considered any
submissions received following public notice of the
proposal, authorises a variation to the Railway Park Artisan Market
Licence held by the Byron Bay Community Association Incorporation to move the
scheduled Railway Park Artisan Market Day from 25 September 2021 to 24
September 2021.
(Lyon/Martin)
|
Staff Reports - Corporate and
Community Services
|
Report No. 13.6 Section
355 Management Committees - Resignations & Appointments Update
File No: I2021/1141
|
21-312
|
Resolved:
1. That
the resignation of Gail Fuller from the Ocean Shores Community Centre
Management Committee be accepted and that a letter of thanks be provided.
2. That
the resignation of Janelle Horrigan from the South Golden Beach Community
Hall Management Committee be accepted and that a letter of thanks be
provided.
3. That
the resignation of Julie McFadden from the Suffolk Park Community Hall
Management Committee be accepted and that a letter of thanks be provided.
4. That
the applicant as listed in Attachment 1 be officially appointed to the
Suffolk Park Community Hall committee as treasurer.
5. That
the resignation of Trudy Ashworth from the Brunswick Heads Memorial Hall
Management Committee be accepted and that a letter of thanks be provided.
6. That
the applicant as listed in Attachment 2 be officially appointed to the
Durrumbul Hall committee. (Lyon/Martin)
|
|
Report No. 13.8 Council
Investments - 1 June 2021 to 30 June 2021
File No: I2021/1153
|
21-313
|
Resolved that Council
notes the report listing
Council’s investments and overall cash position as at 30 June 2021. (Lyon/Martin)
|
|
Report No. 13.9 Council
Resolutions Quarterly Review - Q4 - 1 April to 30 June 2021
File No: I2021/1205
|
21-314
|
Resolved:
1. That
Council notes the information provided in this report on active Council
Resolutions in Attachment 1 (#E2021/88256).
2. That
Council notes the completed Resolutions in Attachment 2 (#E2021/88255).
3. That Council endorses the closure of
Resolution 18-039 as identified in Table 1: Council resolutions that
are to be closed; and included in the completed Resolutions in Attachment 2
(#E2021/88255). (Lyon/Martin)
|
|
Report No. 13.10 Carryovers
for Inclusion in the 2021-2022 Budget
File No: I2021/1206
|
21-315
|
Resolved that Council
approves the works and services (with respective funding) shown in Attachment
1 (#E2021/101511) to be carried over from the 2020/2021 financial year and
that the carryover budget allocations be adopted as budget revotes for
inclusion in the 2021/2022 Budget Estimates. (Lyon/Martin)
|
|
Report No. 13.11 Budget
Review - 1 April to 30 June 2021
File No: I2021/1207
|
21-316
|
Resolved:
1. That
Council authorises the itemised budget variations as shown in Attachment 2
(#E2021/102240) which includes the following results in the 30 June 2021
Quarterly Review of the 2020/2021 Budget:
a) General
Fund - $0 change in Unrestricted Cash Result
b) General
Fund - $18,464,300 increase in reserves
c) Water
Fund - $1,767,000 increase in reserves
d) Sewerage
Fund - $2,757,700 increase in reserves.
2. That
Council adopts the revised General Fund Estimated Unrestricted Cash Result of
$517,600 for the 2020/2021 financial year. (Lyon/Martin)
|
|
Report No. 13.13 Council
Investments - 1 July 2021 to 31 July 2021
File No: I2021/1230
|
21-317
|
Resolved that Council
notes the report listing
Council’s investments and overall cash position as at 31 July 2021. (Lyon/Martin)
|
Reports
of Committees - Infrastructure Services
|
Report No. 14.1 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 17
June 2021
File No: I2021/1037
|
21-318
|
Resolved that Council notes the minutes of the
Transport and Infrastructure Advisory Committee Meeting held on 17 June 2021. (Lyon/Martin)
|
21-319
|
Resolved that Council adopt the following Committee Recommendation:
Report No.
3.1 Adoption of Minutes from Previous Meeting held on 15 April 2021
File No: I2021/987
Committee Recommendation 3.1.1
That the minutes of the
Transport and Infrastructure Advisory Committee Meeting held on 15 April 2021
be confirmed. (Lyon/Martin)
|
21-320
|
Resolved that Council adopt the following Committee Recommendations:
Report No.
4.1 Review Asset Management Policy in accordance with Resolution 20-741
File No: I2021/864
Committee Recommendation 4.1.1
1. That
the draft Asset Management Policy is expanded to include the Road Access and
Safety Principles (RASPs), part 1 of res 20-741 is placed on 28 days public
exhibition and if there are no submissions the revised Policy be adopted.
2. That
TIAC and Council receive a further report detailing the methodology for the
application of RASPs. (Lyon/Martin)
|
21-321
|
Resolved that Council adopt the following Recommendations:
Report No.
4.2 Draft Moving Byron
File No: I2021/961
Committee Recommendation 4.2.1
1. That
Council notes the Draft Moving Byron Strategy.
2. That
TIAC continues to refine the draft out of session by email.
3. That
TIAC submits a final copy to the Council Planning Meeting in August.
4. That
Council adopts a final draft for public exhibition.
5. That
Council supports a longer exhibition period of 6 weeks to provide an
opportunity to the new Council to consider a draft on Strategic Planning
Workshop.
(Lyon/Martin)
|
21-322
|
Resolved that Council adopt the following Committee Recommendations:
Report No.
4.3 Road Access and Safety - Workshop
File No: I2021/848
Committee Recommendation 4.3.1
1. That
Council progresses an application for Road Safety Officer under Local Government
Road Safety Program and that Council allocates the proportion of funding
necessary to activate an application.
2. That
Council continues to monitor constrained roads on the Hinterland network to
identify areas where a speed zone review and/or other intervention such as
signages, infrastructure modifications and messaging may be required to
improve safety and access.
3. That
Council notes that staff actively pursue funding opportunities.
4. That
rural school bus routes be identified with signage showing the times of
operation. (Lyon/Martin)
|
|
Report No. 14.2 Report
of the Local Traffic Committee Meeting held on 15 June 2021
File No: I2021/1122
|
21-323
|
Resolved that Council notes the minutes of the Local
Traffic Committee Meeting held on 15 June 2021. (Lyon/Martin)
|
21-324
|
Resolved that Council adopt the following Committee Recommendations:
Report No.
6.1 No Stopping - Old Bangalow Road, Suffolk Park
File No: I2021/768
Committee Recommendation 6.1.1
That Council:
1. Replace
No Parking signs with No Stopping signs on the inside of the Cemetery Road,
Byron Bay curve, in the general location shown within LTC report I2021/768
(Figure 1).
2. Install
a No Stopping sign on Cemetery Road, approximately 10m south of Lilli Pilli
Drive, Byron Bay. (Lyon/Martin)
|
21-325
|
Resolved that Council adopt the following Committee Recommendation:
Report No.
6.2 Regulatory Signs - Various Locations
File No: I2021/838
Committee Recommendation 6.2.1
That Council install the regulatory signs for 58 Armstrong
Street, Suffolk Park (Friday - No Parking 5am-12pm) within Firewheel Place
and Constellation Place, Byron Bay (No Stopping) in the locations shown in
the report (I2021/838) (Lyon/Martin)
|
21-326
|
Resolved that
Council adopt the following Committee Recommendation:
Report No.
6.3 Jonson Street Bus Stop - Revision to Signs & Linemarking
File No: I2021/865
Committee Recommendation 6.3.1
That Council endorse the modification
of the Bus Zone fronting the Visitor’s Information Centre on Jonson
Street, Byron Bay to a ‘No Stopping Zone’. (Lyon/Martin)
|
21-327
|
Resolved that Council
adopt the following Committee Recommendations:
Report No.
6.4 Event - Chincogan Charge 2021
File No: I2021/867
Committee Recommendation 6.4.1
That Council support the Chincogan Charge 2021 to be held
on Saturday 18 September 2021, between 8:00am and 5:30pm and for 2022 and
2023 provided there are no changes to the Traffic Management Plan, subject
to:-
1. Traffic
control plan(s) and a Traffic Management Plan (TMP) being designed by those
with the appropriate and relevant NSW (TfNSW) accreditation. The TCP(s)
and TMP to include the closure of Dalley Street between Burringbar Street and
Tincogan Street between 12.30pm-5.30pm;
2. The
TCP to be generally in accordance with document E2020/46680 (Attachment 1);
3. Implementation
of the approved Traffic Management Plan and Traffic Control Plan/s by those
with appropriate TfNSW accreditation and the holding of current and
appropriate levels of insurance and liability cover;
4. Separate
approvals by NSW Police and TfNSW being obtained;
5. The
impact of the event be advertised via a notice in the local weekly paper a
minimum of one week prior to the operational impacts taking effect, noting it
must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints;
6. The
event be notified on Council’s webpage;
7. Informing
community and businesses that are directly impacted (e.g. adjacent to the
event) via written information which is delivered to the property in a timely
manner so as to document, consider and respond to any concerns raised;
8. Undertake
consultation with emergency services and any identified issues addressed;
9. Hold
$20m public liability insurance cover which is valid for the event
10. Pay
Council’s Road Event Application Fee and LTC application Fee prior to
the event (Lyon/Martin)
|
21-328
|
Resolved that Council adopt the following Committee Recommendations:
Report No.
6.5 Event Road Closures - Byron Lighthouse Run 2021
File No: I2021/941
Committee Recommendation 6.5.1
That Council support the 24 October 2021 Byron Lighthouse
Run, subject to:
1. Traffic
control plan(s) and a Traffic Management Plan being designed and implemented
by those with the appropriate and relevant TfNSW accreditation.
2. The
road closures and hours of closure in accordance with the submitted Traffic
Management Plan in Attachment 1 (E2021/75049).
3. Clarkes
Beach car park open to the public by 9am. Alternatively, if car park is to be
closed to the public after 9am an application is to be made to Council to
occupy the car park and relevant application fees and parking fees are to be
paid to Council prior to the event commencing.
4. Separate
approvals by NSW Police, TfNSW and Cape Byron Headland Trust being obtained.
5. The
event organiser:
i) advertising
the impact of the event via a notice in the local weekly paper a minimum of
one week prior to the operational impacts taking effect, noting it must
include the event name, specifics of any traffic impacts or road closures and
times, alternative route arrangements, event organiser, a personal contact
name and a telephone number for all event related enquiries or complaints;
ii) providing
copy of the advert for Council's web page;
iii) informing
community and businesses that are directly impacted (e.g. adjacent to the
event), including the Beach Byron Bay Café and North Coast Holiday
Park Clarkes Beach, via written information which is delivered to the
property in a timely manner so as to document, consider and respond to any
concerns raised;
iv) arranging
for private property access and egress affected by the event;
v) liaising
with bus and taxi operators and ensuring arrangements are made for provision
of services during conduct of the event;
vi) consulting
with emergency services with any identified issues being addressed;
vii) holding $20m
public liability insurance cover which is valid for the event; and payment of
Council’s Road Event application fee prior to the event.
(Lyon/Martin)
|
21-329
|
Resolved that Council adopt the following Committee Recommendations:
Report No.
6.6 Mullumbimby Police Station Parking
File No: I2021/942
Committee Recommendation 6.6.1
That Council support the installation of:
1. Three
car spaces dedicated to police in Mullumbimby with signage to permit police
vehicles only.
2. One
mobility space on Dalley Street in the vicinity of the Mullumbimby Court
House.
(Lyon/Martin)
|
21-330
|
Resolved that Council adopt the following Committee Recommendations:
Report No.
7.1 Speed Zone Reviews
File No: I2021/701
Committee Recommendation 7.1.1
1. That
Council note the information provided to the Committee on the matters listed
in the Report.
2. That
the Local Traffic Committee acknowledges the need for Council, the Byron
Shire community, TfNSW and the Police to work together to provide safe road
networks for all road users. (Lyon/Martin)
|
21-331
|
Resolved that Council adopt the following Committee Recommendations:
Report No.
7.2 Events - Bangalow Billycart Derby 2021
File No: I2021/868
Committee Recommendation 7.2.1
1. That
Council endorse the Bangalow Billy Cart Derby to be held on Sunday 12
September 2021 and for 2022 and 2023 provided there are no changes to the
Traffic Management Plan, subject that includes the temporary road closure
below:
a. Byron
Street, Bangalow between Ashton Street and Granuaille Road, between 6am and
4pm on Sunday 12 September 2021.
2. That
the approval provided in Part 1 is subject to:
a. Separate
approvals by NSW Police and TfNSW being obtained, noting that the event is on
a state road or may impact the state road network;
b. Traffic
Control Plan(s) to be developed and implemented by people with the
appropriate TfNSW accreditation;
c. That the
impact of the event be advertised via a notice in the local weekly paper a
minimum of one week prior to the operational impacts taking effect, noting it
must include the event name, specifics of any traffic impacts or road
closures and times, alternative route arrangements, event organiser, a
personal contact name and a telephone number for all event related enquiries
or complaints; and
d. The event
notified on Council’s webpage.
3. That
the event organiser:
a. Undertake
consultation with community and affected businesses including adequate
response/action to any raised concerns;
b. Undertake
consultation with emergency services and any identified issues addressed;
c. Holding
$20m public liability insurance cover which is valid for the event.
(Lyon/Martin)
|
21-332
|
Resolved that Council adopt the following Committee Recommendation:
Report No.
7.3 Pedestrian Access and Safety - Suffolk Park
File No: I2021/938
Committee Recommendation 7.3.1
That Council continues to monitor
speeds in this area, along with pedestrian and cyclist movements. (Lyon/Martin)
|
|
Report No. 14.3 Report
of the Byron Shire Floodplain Risk Management Committee Meeting held on 17
June 2021
File No: I2021/1125
|
21-333
|
Resolved that Council notes the minutes of the Byron Shire
Floodplain Risk Management Committee Meeting held on 17 June 2021. (Lyon/Martin)
|
21-334
|
Resolved
that Council adopt the following Committee Recommendation:
Report No. 4.1 Council’s
interaction and collaboration with the Belongil Drainage Union - update and
forward strategy
File No: I2021/176
Committee
Recommendation 4.1.1
The Byron Shire Floodplain Risk
Management Committee recommends:
That Council:
1. Supports
collaboration and communication with the Belongil Catchment Drainage Board
(BCDB).
2. Nominate
a Councillor for representation on the Belongil Catchment Drainage Board.
3. Request
the Belongil Catchment Drainage Board consider a review of their constitution
to facilitate a Councillor (ex officio) position on the Board.
4. Pay
the outstanding fees of $30,000 (from Sewer Fund: GL 7205.27).
5. Will
make future payments to the Belongil Catchment Drainage Board when the
Belongil Catchment Drainage Board undertakes appropriate land audits and
produces a financial management plan for the Board’s area.
6. Offers
assistance to the Belongil Catchment Drainage Board with the development of a
rating financial model, including investigating access to Council’s
systems to rate members on the Board’s behalf.
7. Invites
a member of the Belongil Catchment Drainage Board to be a key stakeholder in
developing Council’s Coastal Management Plan.
8.
Actively collaborate, support and engage with Southern Cross University for
further research and investigations for the Belongil catchment.
9.
Continue dialogue with relevant agencies, including DPIE Water, towards
ongoing collaborative management in the Belongil area. (Lyon/Martin)
|
|
Procedural Motion
|
21-335
|
Resolved that
Council change the order of business to deal with Reports 13.2, and 13.15 next
on the Agenda. (Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
Staff Reports - General Manager
|
Report No. 13.2 Rent
relief to commercial lease and sub-licence holders due to COVID-19
File No: I2021/1100
|
21-336
|
Resolved:
1. That
Council authorises 28-day public consultation to amend Policy 5.52 Commercial
Activities on Coastal and Riparian Crown Reserves to increase the term of
Class 2 Sub-Licences by twelve-months to enable an extension of the current
Class 2 Sub-Licences to 1 November 2024.
2. That
Council delegates to the General Manager, the authority to amend Policy 5.52
Commercial Activities on Coastal and Riparian Crown Reserves as stated in (1)
above if no submissions are received from public consultation.
3. That
a report be brought to Council for consideration to amend Policy 5.52
Commercial Activities on Coastal and Riparian Crown Reserves as stated in (1)
above if submissions are received from the public consultation.
4. That
Council:
a. delegates
to the General Manager, the authority to negotiate deferred rent relief, if
any, with commercial surf schools, stand up paddleboard schools, sea kayak
sub licensees and Golden Breed Corporation, at a rate to be determined by the
General Manager for any period between 29 March 2021 and 12 July 2021.
b. waives, in accordance with the recent ruling, the minimum
of 50% of rent and licensee fees payable by commercial surf schools,
stand up paddleboard schools, sea kayak sub licensees identified in the Report and Golden Breed Corporation for the period between 13 July 2021 to 13 January 2022.
c. Delegates to the General Manager authority to negotiate
and enter into arrangements with commercial surf schools, stand up
paddleboard schools, sea kayak sub licensees identified
in the Report and Golden Breed Corporation for the balance of 50% rent
between 13 July 2021 and 13 January 2022. (Hunter/Lyon)
The motion
was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
Report No. 13.15 Size
limitations on Secondary Dwellings in rural zones
File No: I2021/555
|
21-337
|
Resolved:
1. That Council supports
the inclusion of clause 5.5 into Byron LEP 2014 as follows:
Clause 5.5
Controls relating to secondary dwellings on land in a rural zone [optional]
If development for
the purposes of a secondary dwelling is permitted under this Plan on land in
a rural zone—
(a) the total floor area of the dwelling, excluding any area
used for parking, must not exceed whichever of the following is the
greater—
(i) [70] square metres,
(ii) [0%] of the total floor area of the principal dwelling,
and
(b) the distance between the secondary dwelling and the
principal dwelling must not exceed [100] metres.
2. That
Council requests staff to advise the Department of Planning Industry and
Environment of point 1 prior to 29 August 2021.
3. That
Council requests staff to review the existing controls for secondary
dwellings in D2.5 (Dual Occupancies and Secondary Dwellings) Development
Control Plan (DCP) 2014, including the investigation of clearer regulation
around boundary setbacks in relation to neighbouring properties and report on
amendments to these if required, in a future housekeeping DCP amendment
report to Council.
4. That Council
further reviews the matter through future community consultation on the DCP.
(Ndiaye/Hackett)
The motion was put to the vote and
declared carried.
Crs Coorey, Spooner, and Hunter
voted against the motion.
|
Mayoral
Minute
There was no Mayoral Minute.
Staff
Reports - General Manager
|
Procedural MotionS
|
21-338
|
Resolved that
Council change the order of business to deal with Report 13.5 next on the
Agenda. (Coorey/Lyon)
The motion was put to the vote and
declared carried.
|
21-339
|
Resolved:
1. That
pursuant to Section 10A(2)(d) refer to relevant part of Act below) of the
Local Government Act, 1993, Council resolve into Confidential Session to
discuss the Lease to Australia Skydive Pty Ltd report.
2. That
the reasons for closing the meeting to the public to consider this item be
that discussion will include commercial information of a confidential nature.
(Coorey/Lyon)
The motion was put to the vote and
declared carried.
Crs Cameron and Lyon voted against
the motion.
|
21-340
|
Resolved that
the meeting move out of confidential session. (Lyon/Coorey)
The motion was put to the vote and
declared carried.
|
|
Report No. 13.5 Lease
to Australia Skydive Pty Ltd
File No: I2021/1098
|
21-341
|
Resolved:
That Council authorises the General Manager, under
delegation, to enter into a lease with Australia Skydive Pty Ltd over Lot 4
DP805678 in the Plan of Lease over Lot 1 DP713023 Staceys Way Tyagarah on the
following terms:
a) term five years with
option of a further five years to a total of 10 years;
b) initial rent to be set
by following an independent market valuation to be provided by Valuers
Australia Pty Ltd with annual rent increased thereafter by Consumer Price
Index All Groups Sydney with full rent review of base rent on the
fifth anniversary of the execution of the lease to
be established by an independent registered valuer appointed
by the lessor at the Lessee’s cost;
c) for the purpose of skydiving and associated activities carried out by the
Lessee;
d) acknowledgement that the
Lessee owns all building improvements on the leased land;
e) Lessee
must, at its cost, be responsible for the following:
i) all
outgoings payable in respect of the leased land;
ii) all
maintenance of the leased land including but not limited to any road, or
carpark constructed on the leased land;
iii) all
insurances including a minimum $20 million public risk insurance noting Byron
Shire Council as an interested party; and
iv) all
consents, approvals and other authorisation to operate its business and
improve its buildings on the leased land;
f) Lessee
must at its cost, remove its building improvements from the land and return
the land to vacant possession at the end of the lease unless a new lease is
negotiated to commence on the day after the end date of the lease; and
g) special
conditions that the Lessee must at its cost:
i) comply
with the Remediation Action Plan annexed to the lease with any failure by the
Lessee to comply with the Remediation Action Plan being grounds to terminate
the lease;
ii) not
sub-let any part of the leased land without the Lessor’s written
consent that will not be unreasonably withheld;
iii) remove
all unapproved buildings, shipping containers and other structures on the
leased land within sixty (60) days of commencement of the lease with a
failure to comply with this clause grounds to terminate the lease;
iv) indemnify
Byron Shire Council for all liabilities arising from the use of the leased
land during and after the remediation of the land in accordance with the
Remediation Action Plan with the Lessee obligations in this clause extending
beyond the end of the lease;
v) not
build any structures, temporary or otherwise in the dedicated easement in Lot
1 DP713023 for a water pipeline as detailed in the plan annexed to this
lease;
vi) ensure
that all aviation fuel stored on the leased land is to be used by Australia
Skydive Pty Ltd only; and
vii) obtain
all necessary approvals from Byron Shire Council to operate a coffee cart or
other retail food business in the leased land. (Coorey/Ndiaye)
The motion was put to the vote and
declared carried.
|
Notices of
Motion
|
Notice of Motion No. 9.1 Barbed wire review
File No: I2021/1180
|
21-342
|
Resolved:
1. That
Council reviews its use of barbed wire on Council properties with a view
to improving the conservation and protection of animals.
2. That
Council works with key stakeholders to develop an information and education
program for the community and landowners in order to:
a) review the
impacts of barbed wire on native fauna and
b) provide
ideas for alternatives to barbed wire or measures to mitigate the
impacts.
3. That
this issue be referred to the Biodiversity Advisory Committee for
further consideration.
4. That
the review be undertaken and a report be provided to Council before June
2022. (Coorey/Ndiaye)
The motion
was put to the vote and declared carried.
|
|
Notice of Motion No. 9.2 Report on implementation
of Water Sensitive Design Policy and Strategy
File No: I2021/1179
|
21-343
|
Resolved:
1. That
a report be brought to Council that details the progress in implementing the Byron Shire Council Water Sensitive Urban Design (WSUD) Policy and
Strategy
2. That
the report details progress on the key strategies of the WSUD Policy and
Strategy which are:
a) Improve Council’s planning,
processes and capacity to integrate WSUD into Council works and address
catchment based priorities;
b) Improve community understanding
of the aims of WSUD and actions they can take to support catchment and
waterway health;
c) Increase Council’s ability
to leverage funding to implement, operate and maintain WSUD infrastructure
now and into the future; and
d) Improve WSUD outcomes delivered to Council in planning
applications.
3. That
the report notes any progress on the actions listed in the Policy under the
key strategies in (2.)
4. That
the report be brought to Council by the November 2021 Ordinary meeting.
5. That
the Byron Shire Council WSUD Policy and Strategy be
placed on the Policies page of Council’s website where it can be found. (Coorey/Ndiaye)
The motion was put to the vote
and declared carried.
|
Delegates'
Reports
There were no delegates’ reports.
Staff
Reports - Corporate and Community Services
|
Report No. 13.7 YouthSay
Program - Report and Recommendations
File No: I2021/950
|
21-344
|
Resolved:
1. That
Council thanks the young people from Mullumbimby High School involved in the
Byron Shire YouthSay Program and notes their report and presentation during
public access at the 27 May Ordinary Meeting of Council.
2. That
Council notes the feedback and report from the YouthSay program and
implements the following suggestions from the young people:
a) undertakes
a survey of young people about their transport needs
b) provides
a report to Council detailing opportunities to develop or implement on demand
public transport including for trials and to obtain grant funding.
c) coordinates
a youth volunteer clean-up day in November 2021
3. Noting
the request for a Youth Council and Res 21.242, Council undertakes targeted
engagement to determine the preferred model that can give young people an
effective voice in raising issues of concern to young people.
4. That
Council receives a report regarding the outcomes of this youth engagement and
the proposed forum for future youth engagement to commence in 2022.
(Cameron/Ndiaye)
|
Cr Ndiaye left the Chambers at 12.03pm.
The motion was put to the vote and
declared carried.
Cr Ndiaye was not present for the
vote.
Cr Ndiaye returned to the Chambers at 12.04pm.
|
Report No. 13.12 Delivery
Program 6-monthly Report and 2020/21 Operational Q4 Report - to 30 June 2021
File No: I2021/1224
|
21-345
|
Resolved:
1. That
Council notes the Delivery Program 6-monthly Report and 2020/21 Operational
Plan Fourth Quarter Report for the period ending 30 June 2021 (Attachment 1 #E2021/97874).
2. That
Councillors be provided with an update on the Disability Inclusion Action
Plan (DIAP) at the next suitable SPW. (Cameron/Ndiaye)
|
Cr Lyon left the Chambers at 12.13pm.
The Deputy Mayor took the Chair.
Cr Lyon returned to the Chambers at
12.15pm.
The motion was put to the vote and
declared carried.
|
Report No. 13.14 Local
Government NSW Annual Conference 2021
File No: I2021/1329
|
21-346
|
Resolved that Council authorises Cr Lyon, Cr Ndiaye,
and Cr Cameron to attend the online Local Government NSW Annual
Conference 2021, to be held on 29 November 2021, as the voting delegates and be
responsible for voting in the LGNSW Board Elections which will be conducted
via postal vote in November 2021. (Hunter/Lyon)
The
motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
Report No. 13.16 Mullumbimby
Talking Street Trial Project - Parklets
File No: I2021/1219
|
21-347
|
Resolved that Council:
1. Notes the issues raised in the report
about the current parklet locations and authorises the relocation of the
parklet currently located at the Stuart Street taxi rank to a another
location in either Burringbar or Stuart with particular consideration
of the strip between Baker and Daughters and the Chemsave Pharmacy or
in Studal Lane.
2. If no suitable location can be identified
as per 1, an appropriate location, preferably close to the library, be
considered and that staff work with the business community and reference
group to coordinate a program of community activation for that parklet.
3. Requests staff work with community
organisations, the business community and the reference group to create a
program of activation and possible future locations for the Stuart Street Bus
Stop parklet.
4. In
implementing this resolution, staff consider and discuss with the business,
reference group and wider community the option of direct management by
stakeholders. (Cameron/Coorey)
|
|
Procedural Motion
|
21-348
|
Resolved that
Cr Cameron be granted a two minute extension to his speech.
(Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
The meeting adjourned at 1.02pm for a lunch break and
reconvened at 1.55pm.
The motion (Cameron/Coorey) was put the vote and declared
carried.
Staff
Reports - Infrastructure Services
|
Report No. 13.17 Parking
Management within New Brighton and The Esplanade Area
File No: I2021/545
|
21-349
|
Resolved that Council:
1. Notes
the community representatives’ request to not proceed with amending car
parking supply and car parking arrangements within Ocean Avenue and Park
Street, New Brighton.
2. Begins
developing detailed design plans for the North Head car parking area, subject
to sufficient funds being available within the project budget.
3. Notes
the ongoing works by staff to consider the parking arrangements at The
Esplanade, New Brighton, south of Strand Avenue in association with planned
resealing and dune protection works. (Lyon/Martin)
The motion was put to the vote and
declared carried.
Cr Hunter voted against the motion.
|
URGENCY MOTIONS
|
No. 1 Matter of Urgency - Cross-border Community Zone
|
|
Mayor Michael Lyon declared the item ‘Cross-border
Community Zone’ a matter of urgency as a media release from local
MPs from all parties including independent Mayor of Tweed came out Tuesday
and there is energy behind this push now.
|
21-350
|
Resolved that the
matter be considered urgent and be dealt with at the meeting.
(Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
21-351
|
Resolved that Council supports the establishment of a
pilot cross-border community zone around the Tweed LGA. (Lyon/Hunter)
The motion was put to the vote and declared carried.
|
|
No. 2 Matter
of Urgency - Definition of Essential Worker
|
|
Mayor Michael Lyon declared the
item ‘Matter of Urgency - Definition of Essential Worker’ urgent
as the current definition of ‘essential worker; provided by the QLD
State Government is creating widespread and unnecessary hardship for
families, hospitals, worksites, health care workers, businesses, and carers.
|
21-352
|
Resolved that the
matter be considered urgent and be dealt with at the meeting. (Ndiaye/Coorey)
The motion was put to the vote and
declared carried.
|
21-353
|
Resolved that Council requests the cross-border group
to encourage the QLD Government to broaden the definition of the term
‘essential worker’ (Ndiaye/Coorey)
The motion was put to the vote and
declared carried.
Crs Spooner, Hunter, and Hackett
voted against the motion.
|
There being no further
business the meeting concluded at 2:55pm.
I hereby
certify that these are the true and correct Minutes of this Meeting
as
confirmed at Council’s Ordinary Meeting on 23 September 2021.
Mayor
Michael Lyon