Minutes
Ordinary
Meeting
Thursday, 23
September 2021
Ordinary Meeting
Minutes
23 September 2021
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 23 September 2021
COMMENCING AT 9:08AM
AND CONCLUDING AT 11.55AM.
I2021/1480
PRESENT: Cr
M Lyon (Mayor) and Cr S Ndiaye
VIRTUAL:
Cr B Cameron, Cr C Coorey, Cr J Hackett, and Cr A Hunter
Staff: Mark Arnold (General
Manager)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Heather
Sills (Minute Taker)
Remote:
Vanessa
Adams (Director Corporate and Community Services)
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
|
Representing Community Organisation
|
Via
|
|
13.7
|
Section 138 Approval 51.2019.616.2 - request for
relief from fees for use of Council road reserve
|
Against
|
Jason Dunn
|
|
Zoom
|
|
13.10
|
Request for Council consent: Addition of unformed council
road to Mount Jerusalem National Park
|
For
|
Fran Parker
|
NSW Telco Authority
|
Zoom
|
|
Meredith Junor
|
|
Zoom
|
Submissions
|
Subject
|
Name
|
Representing Community
Organisation
|
Via
|
|
Essential Energy & Council power poles for network
coverage
|
Tashi Lhamo
|
Northern Rivers for Safe Technology
|
Zoom
|
|
Urgency Motion: Vote against Council owned power poles
proposed for the 5G upgrade
|
Rinat Strahlhofer
|
We Are Not SAM
|
Zoom
|
Question
No. 1 Holiday Letting on Council Title Lots
John Anderson asked the following question:
Council staff not long ago opined that
secondary dwellings are not legally permissible on community title lots. Given
that Coorabell is currently undergoing an explosion in community title
development and given that lots are usually planned in clusters, is Council now
in a position to offer an opinion as to whether holiday letting is permissible
on community title given the potential for conflict, and bearing in mind in the
case of my community title I made sure that both the conditions of consent and
the internal community regulations explicitly prohibit holiday letting?
The
Director Sustainable Environment and Economy took the question on
notice.
The meeting adjourned at 9.42am and reconvened at 10.05am.
Apologies
Cr
Spooner was an apology, in accordance with his approved leave of absence.
|
|
Procedural Motion
|
|
21-379
|
Resolved that
the apology from Cr Martin be accepted and a
leave of absence granted.
(Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
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
|
21-380
|
Resolved that
the minutes of the Ordinary Meeting held on 26 August 2021 be 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
Corporate and Community Services
Report No. 13.6 Financial Assistance - COVID-19 Pandemic and Byron Music
Festival
Sustainable Environment and Economy
Report No.
13.7 Section 138 Approval 51.2019.616.2 - request for
relief from fees for use of Council road reserve
Infrastructure Services
Report No.
13.8 Streetlight Glare Shields Policy 2021
Report No. 13.11 Part
road reserve closure adjoining Lot 1 DP 557721 874 Coolamon Scenic Drive
Coorabell
Report No.
13.12 Part Road Reserve Closure and sale adjoining Lot 3 DP 707295
336 Booyong Road Nashua NSW
The
remaining Recommendations and Committee Recommendation were adopted as a whole,
being moved by Cr Lyon and seconded by Cr Coorey. Each recommendation is
recorded with a separate resolution number commencing at Resolution No. 21-381
and concluding with Resolution No. 21-405.
Grants and Submissions
|
|
Report No. 11.1 Grants
and Submissions August 2021
File No: I2021/1459
|
|
21-381
|
Resolved that Council notes the report and Attachment
1 (#E2021/113174) for Byron Shire
Council’s Submissions and Grants as at 31 August 2021. (Lyon/Coorey)
|
Staff
Reports - General Manager
|
|
Report
No. 13.1 Rent Relief
File No: I2021/1364
|
|
21-382
|
Resolved:
1. That
Council delegates to the General Manager, the authority to negotiate deferred
rent relief, if any, with commercial and community tenants identified in this
report, at a rate to be determined by the General Manager for the period
26 June 2021 to 12 July 2021.
2. That
Council waives, in accordance with the Retail and Other Commercial
Leases (COVID-19) Regulations 2021 (NSW), a minimum of 50% of rent
payable by commercial and community tenants identified in this report for the
period between 13 July 2021 and 13 January 2022.
3. That Council
delegates to the General Manager, the authority to enter into arrangements
with commercial and community tenants identified in this report for the
balance of 50% of rent owing between 13 July 2021 and 13 January 2022.
(Lyon/Coorey)
|
|
|
Report No. 13.2 Lease
to Tiger Moth Aerial Services Pty Ltd (A.C.N 076 113 187)
File No: I2021/1422
|
|
21-383
|
Resolved that
Council authorises the General Manager, under delegation, to enter into a
lease with Tiger Moth Aerial Services Pty Ltd (A.C.N 076 113 187) over Lot 9
DP856832 Staceys Way Tyagarah on the following terms:
a) term
five years,
b) base
rent to be set by an independent market valuation with the rent annually
increased thereafter by Consumer Price Index All Groups Sydney,
c) for
the purpose of storage of an aircraft,
d) the
Lessor and Lessee to agree that the Lessee owns all building improvements on
the land,
e) Lessee
must, at its cost, be responsible for the following:
i) all
outgoings payable in respect of the land,
ii) all
maintenance of all improvements on the land including but not limited all
buildings, access road, and carpark constructed on the 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 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. (Lyon/Coorey)
|
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.3 Section
356 Rates and Charges Donation Policy - Review following public exhibition
File No: I2021/1368
|
|
21-384
|
Resolved:
1.
That Council adopts the draft ‘Section 356 Donations – Rates and
Charges – 2021’ policy provided at Attachment 1 (#E2021/77889)
effective from the commencement of the 2021/2022 financial year.
2.
That Council does not accept the request from Island Quarry Reserve Trust Inc
for a rates and charges donation under the ‘Section 356 Donations
– Rates and Charges Policy – 2021’ (#E2021/77889). (Lyon/Coorey)
|
|
|
Report No. 13.4 Council
Investments - 1 August 2021 to 31 August 2021
File No: I2021/1431
|
|
21-385
|
Resolved that Council
notes the report listing
Council’s investments and overall cash position as at 31 August 2021. (Lyon/Coorey)
|
|
|
Report No. 13.5 2021-2022
Financial Assistance Grant
File No: I2021/1454
|
|
21-386
|
Resolved that Council receives and notes the 2021-2022
Financial Assistance Grant Report as outlined in Attachment 1 (#E2021/112359),
2 (#E2021/112363) and 3 (#E2021/112364). (Lyon/Coorey)
|
|
|
Report No. 13.9 The
Buttery - connection to sewerage system
File No: I2021/1216
|
|
21-387
|
Resolved that in relation to the connection of 346
Lismore Road, Binna Burra (The Buttery) to the Bangalow Sewerage
System, Council:
1.
Supports the connection on the basis that The Buttery is a registered
charitable organisation, the community benefit it provides and its ongoing
provision of community services.
2.
Supports the deferral of s64 Contributions on the basis the conditions
detailed in the Report.
3.
Requires a special agreement for connection to sewerage system to be prepared
by the relevant staff and executed by the General Manager; and
4. Determines
that all costs relating to installation, required approvals, ongoing
operation, maintenance, repair and replacement are borne by The Buttery.
(Lyon/Coorey)
|
|
|
Report No. 13.10 Request
for Council consent: Addition of unformed council road to Mount Jerusalem
National Park
File No: I2021/1190
|
|
21-388
|
Resolved that Council endorse the transfer of Council
Road Reserve to incorporate it into Mount Jerusalem National Park and give
consent to National Parks and Wildlife Service to publish a gazette notice to
reserve the road as per the National Parks and Wildlife Act 1974. (Lyon/Coorey)
|
|
|
Report No. 13.13 Byron
Shire Rail with Trail (Update)
File No: I2021/1418
|
|
21-389
|
Resolved that Council continues to work with Transport
for NSW on the delivery of outcomes articulated in Resolutions 20-127,
20-572, and 21-234. (Lyon/Coorey)
|
Reports
of Committees - Corporate and Community Services
|
|
Report No. 14.1 Report
of the Audit, Risk and Improvement Committee Meeting held on 19 August 2021
File No: I2021/1354
|
|
21-390
|
Resolved that Council
notes the minutes of the Audit, Risk and Improvement Committee Meeting held
on 19 August 2021 at Attachment 1 (I2021/1313). (Lyon/Coorey)
|
|
21-391
|
Resolved that Council adopts the following Committee Recommendation:
Committee Recommendation 3.1.1
That the minutes of the Audit,
Risk and Improvement Committee Meeting held on 20 May 2021 be confirmed. (Lyon/Coorey)
|
|
21-392
|
Resolved that Council adopts the following Committee Recommendation:
Report No.
4.2 NSW Auditor-General Annual Work Program 2021-2024
File No: I2021/1292
Committee Recommendation 4.2.1
That ARIC note the NSW
Auditor-General’s Annual Work Program for 2021-2024 (#e2021/100974). (Lyon/Coorey)
|
|
21-393
|
Resolved that Council
adopts the following Committee Recommendation:
Report No.
4.4 Delivery Program 6-monthly Report and 2020/21 Operational Q4 Report - to
20 June 2021
File No: I2021/1234
Committee Recommendation 4.4.1
That the Audit, Risk, and Improvement
Committee notes the Delivery Program 6-monthly Report and 2020/21 Operational
Plan Fourth Quarter Report for the period ending 30 June 2021 (#E2021/97874). (Lyon/Coorey)
|
|
21-394
|
Resolved that Council
adopts the following Committee Recommendation:
Report No. 4.5 AASB1059 - Service Concession
Arrangements: Grantors
File No:
I2021/1241
Committee Recommendation 4.5.1
That the Audit, Risk and Improvement
Committee consider the requirements of AASB1059 Service Concession
Arrangements: Grantors and concur with the view that the requirements of AASB
1059 have no application to Byron Shire Council and therefore no disclosure
obligations in the financial statements. (Lyon/Coorey)
|
|
21-395
|
Resolved that Council
adopts the following Committee Recommendation:
Report No.
5.1 Internal Audit Report - June 2020-21
File No: I2021/1192
Committee
Recommendation 5.1.1
That the Audit, Risk and
Improvement Committee:
1. Notes
the Internal Audit Status Report – June 2021 (#E2021/95033)
2. Endorses
the recommendations from the Executive Team to close off 10 recommendations
in Appendices A and B of the Internal Audit Status Report (#E2021/95033)
2. Requests
management to implement the recommendations made in
the
Internal Audit of Procurement (Tendering) – June 2021 (#E2021/76376)
(Lyon/Coorey)
|
|
21-396
|
Resolved that Council
adopts the following Committee Recommendation:
Report No.
5.2 Internal Audit Plan 2021-2024
File No: I2021/1096
Committee Recommendation 5.2.1
That the Committee endorses the
Internal Audit Plan for 2021 - 2024 (#E2021/97611) for approval by Council. (Lyon/Coorey)
|
|
21-397
|
Resolved that Council
adopts the following Committee Recommendation:
Report No.
5.3 Risk Management Update
File No: I2021/1097
Committee Recommendation 5.3.1
That the Audit, Risk and Improvement
Committee notes the strategic and operational risk reports for the quarter
ending 30 June 2021 (#E2021/88532). (Lyon/Coorey)
|
|
21-398
|
Resolved that Council
adopts the following Committee Recommendation:
Report No.
5.4 2020-2021 Continuous Improvement Pathway Program
File No: I2021/1106
Committee Recommendation 5.4.1
That Audit Risk and Improvement
Committee notes the results of the CIP 2020-2021 workbook (#E2021/86609). (Lyon/Coorey)
|
|
21-399
|
Resolved that Council adopts the following Committee Recommendations:
Report
No. 5.5 Cyber Security and System Outages Quarterly Update
File No: I2021/1196
Committee Recommendation
5.5.1
That the Audit Risk and Improvement Committee:
1. Notes
the report and attached security reports:
a) ARIC Security Incident
Report 2021 Q2. (#E2021/95614)
b) ARIC Incident Outage
Report 2021 Q2. (#E2021/95613)
2. Receives
ongoing cyber security and system outage status reports. (Lyon/Coorey)
|
|
21-400
|
Resolved that Council
adopts the following Committee Recommendation:
Report
No. 5.6 External Audit Actions Quarter 4 2020-2021 Update
File No: I2021/1246
Committee Recommendation 5.6.1
That the Audit, Risk and Improvement
Committee notes the external audit update (including the closure of four
issues) for the quarter ending 30 June 2021 (#E2021/100193). (Lyon/Coorey)
|
Reports
of Committees - Infrastructure Services
|
|
Report No. 14.2 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 19 August
2021
File No: I2021/1353
|
|
21-401
|
Resolved that Council
notes the minutes of the Water, Waste and Sewer Advisory Committee Meeting
held on 19 August 2021. (Lyon/Coorey)
|
|
21-402
|
Resolved that Council adopts the following Committee Recommendation:
Report No.
3.1 Adoption of Minutes from Previous Meeting
File No: I2021/1289
Committee Recommendation 3.1.1
That the minutes of the Water, Waste
and Sewer Advisory Committee Meeting held on 20 May 2021 be confirmed. (Lyon/Coorey)
|
|
21-403
|
Resolved that Council does not adopt the following
Committee Recommendation 4.1 as detailed in the
Report , but instead adopts the Management Recommendation(s) as follows:
Report No.
4.1 DA water
File No: I2021/716
Committee Recommendation 4.1.1
That Council notes the report. (Lyon/Coorey)
|
|
21-404
|
Resolved that Council adopts the following Committee Recommendation:
Report No.
4.2 Waste Issues of interest
File No: I2021/705
Committee Recommendation 4.2.1
That Council notes the report. (Lyon/Coorey)
|
|
21-405
|
Resolved that Council adopts the following Committee Recommendations:
Report No.
4.3 Byron STP Condition 9 Additional Load - Quarterly Report
File No: I2021/717
Committee Recommendation
4.3.1
1. That
Council notes the report.
2. Once
the audit of consent conditions has been completed, if necessary, the
extraordinary meeting of Water Waste and Sewer Advisory Committee is held.
(Lyon/Coorey)
|
|
|
Procedural Motion
|
|
21-406
|
Resolved that
Council change the order of business to deal with Report 13.7 next on the
Agenda. (Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.7 Section
138 Approval 51.2019.616.2 - request for relief from fees for use of Council
road reserve
File No: I2021/1421
|
|
|
Moved:
That Council defer any decision until the next Ordinary
Council Meeting in October, on reducing or refunding the fees Council is
charging for the use of the Council Road Reserve in section 138 Approval 51.2019.616.2
and until Council receives a copy of the Ombudsman’s report into the
current fees. (Hunter/Hackett)
AMENDMENT
Moved:
1. That
Council defers consideration of the request for a reduction or refund of fees
for the use of Council’s Road reserve.
2. That
Council requests staff to complete a review of fees charged by comparative
councils and report this back to Council at a future meeting for
consideration of this request.
3. That
should the NSW Ombudsman provide advice to the applicant about a review of
the fees, that advice be included as part of the staff review. (Ndiaye/Lyon)
|
|
|
Procedural Motion
|
|
21-407
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech.
(Lyon/Hunter)
The motion was put to the vote and
declared carried.
|
The amendment was put to the vote and
declared lost.
Crs Hackett, Hunter, Cameron, Coorey
voted against the amendment.
The motion (Hunter / Hackett)
was put to the vote and declared lost.
Crs Ndiaye, Lyon, Cameron, Coorey
voted against the motion.
FORESHADOWED MOTION
|
|
Moved that Council not support the request for a
reduction or refund of fees for the use of Council’s Road reserve. (Cameron/Coorey)
The motion was put to the vote and
declared lost.
Crs Ndiaye, Lyon, Hunter, and
Hackett voted against the motion.
|
Mayoral
Minute
There was no Mayoral Minute.
Petitions
There were no petitions tabled at the
meeting.
Delegates'
Reports
There were no delegates’ reports.
Staff
Reports - Corporate and Community Services
|
|
Report No. 13.6 Financial
Assistance - COVID-19 Pandemic and Byron Music Festival
File No: I2021/1456
|
|
21-408
|
Resolved that Council:
1.
Waives the footpath dining and goods display fees from Monday 9 August 2021
until Saturday 11 September inclusive, and a credit applied to the next
quarterly invoice; and further:
a) Endorses
the use of the Debt Management and Financial Hardship Assistance Policy 2019
to allow business owners to enter into suitable payment plans where
businesses are unable to pay footpath dining/goods display license fees by
the due date.
b)
Delegates to the General Manager the Authority to waive footpath dining and
goods display fees, should a future lockdown order be imposed under a Public
Health Order on the Byron Shire Local Government area, for the period of the
lockdown order, with a credit applied to the next quarterly invoice.
2.
Waives Food Administration Fees from Monday 9 August 2021 until Saturday 11
September inclusive, and a credit applied to the next quarterly invoice; and
further:
a) Endorses
the use of the Debt Management and Financial Hardship Assistance Policy 2019
to allow business owners to enter into suitable payment plans where
businesses are unable to pay Food Administration fees by the due date.
3. Sets the interest rate
applicable to outstanding rates and charges arrears for all ratepayers to 0%
for the period 1 October 2021 to 28 February 2022
4. Council
recognises this unique event and the circumstances in which it took place and
supports a reduction of fees as per option 2 in the agenda:
The
reduction of fees includes the private rate for the event day only, and
standard rate for the set up and pack down event days, when tickets were not
required to enter the location. The Temporary Licence for Activity on Crown
Reserve fees would then reduce from $10,212 to $4,086 (a reduction of
$6,126). This reduced fee combined with the other fees would equate to a
total fee payable to Council of $6,894. (Coorey/Lyon)
The motion was put to the vote and
declared carried.
Cr Hackett voted against the motion.
Cr Hunter was not present for the
vote.
|
Staff
Reports - Infrastructure Services
|
|
Report No. 13.8 Streetlight
Glare Shields Policy 2021
File No: I2021/1178
|
|
21-409
|
Resolved:
1.
That the draft Streetlight Glare Shields Policy 2021 be adopted and
incorporated into Council’s policy register; and
2.
That the proposed fees and charges be adopted within Council’s 2021/22
Fees and Charges Schedule.
3. That
Council notes the impacts on ecosystems and on night sky viewing caused by
light pollution and considers further measures to limit light pollution in
the Shire’s towns as per the international dark sky protocols.
4. That
light pollution be added as an agenda item at the next SERAC and Biodiversity
Committee meetings. (Coorey/Lyon)
The
motion was put to the vote and declared carried.
|
|
|
Procedural Motion
|
|
21-410
|
Resolved that
Cr Coorey be granted a two minute extension to her speech.
(Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
|
|
Report No. 13.11 Part road
reserve closure adjoining Lot 1 DP 557721 874 Coolamon Scenic Drive Coorabell
File No: I2021/1295
|
|
21-411
|
Resolved that
the item Part road reserve closure adjoining Lot
1 DP 557721 874 Coolamon Scenic Drive Coorabell be deferred until
the next Ordinary Meeting of Council to allow further documentation to be
provided. (Cameron/Coorey)
The motion
was put to the vote and declared carried.
Cr Hunter
voted against the motion.
|
|
|
Report No. 13.12 Part Road
Reserve Closure and sale adjoining Lot 3 DP 707295 336 Booyong Road Nashua
NSW
File No: I2021/1360
|
|
21-412
|
Resolved
that the item Part Road Reserve Closure and sale
adjoining Lot 3 DP 707295 336 Booyong Road Nashua NSW be deferred
until the next Ordinary Meeting of Council to allow further documentation to
be provided. (Cameron/Coorey)
The motion
was put to the vote and declared carried.
Cr Hunter
voted against the motion.
|
There being no further business
the meeting concluded at 11.55am.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 28 October 2021.
….…………………………
Mayor Michael Lyon
