Minutes
Ordinary
Meeting
Thursday, 28 October 2021
Ordinary Meeting
Minutes
28 October 2021
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 28 October 2021 COMMENCING
AT 9.08AM AND
CONCLUDING AT 3.56PM
I2021/1714
PRESENT: Cr
M Lyon (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark Arnold (General
Manager)
Vanessa
Adams (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Malcolm
Robertson (Acting Manager Open Spaces and Resource Recovery) – item 13.8
Cameron
Clark (Manager Utilities) – item 14.1
John
Hart (Senior Project Manager) – item 16.2
Chloe
Dowsett (Coastal, Biodiversity, and Sustainability Coordinator) – item
13.9
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
|
Representing Community
Organisation
|
Via
|
|
9.2
|
Pay Parking Potential
|
Against
|
Matthew O’Reilly
|
Brunswick Heads Progress Association
|
Zoom
|
|
13.8
|
Update on Expression of Interest for Suffolk Park
Community Garden
|
For
|
Craig Scanlan
|
Suffolk Park Community Garden Inc.
|
Read out by staff
|
|
13.10
|
Lot 12 Bayshore Drive - Valuation as per Resolution 21-188
|
Against
|
David Dixon
|
|
Read out by staff
|
|
13.11
|
Submissions report - Unauthorised Dwellings Policy
|
Against
|
Duncan Dey
|
Main Arm Rural Residents Association
|
In person
|
|
14.1
|
Water, Waste and Sewer Advisory
Committee Meeting held on 30 September 2021
|
Against
|
Duncan Dey
|
|
In person
|
|
16.2
|
Confidential - Byron Shire
Bioenergy Facility – Project Update
|
Against
|
Ann Reed
|
|
In person
|
Submissions
|
Subject
|
Name
|
Submission received via
|
|
Terrace reserve approval to operate
|
Matthew O’Reilly
|
Zoom
|
Question
No. 1 Roundabout on Byron Bypass
John Anderson submitted the following question which was
read out by staff:
Given that it is unusual, if not indeed unique, to
construct a roundabout where there are only two directions of traffic to deal
with (as per typical two-way continuous road) could Council please explain why
at the southern end of the Butler St bypass there is a roundabout at what is
simply a turn in the road, and why the extra cost of this new roundabout (which
was not part of the original plan) was included in Council’s vague
and uncosted list of excuses for a cost over-run requiring the recent borrowing
$1.75 million by Council to pay for the short fall?
The
Director Corporate and Community Services took the question on notice.
Question
No. 2 Roundabout on Byron Bypass
Matthew O’Reilly asked the following question:
Why did Ralph James refuse to let the Brunswick Heads
community have any input on the Terrace Reserve ATO beyond matters relating to
the coastal cypress forest yet Council has agreed to a site plan and ato over
the whole property overturning years of negotiations by the community and
councillors relating to buffers, setbacks, and pedestrians access?
The Director Corporate and Community Services read the
following response which was prepared on Council’s behalf by
Council’s external solicitors who had carriage of the Land and
Environment Court proceedings:
Issues regarding compliance with the Local Government
(Manufactured Homes Estates, Caravan Parks, Camping Grounds and Moveable
Dwellings) Regulation 2005 arose during the course of the hearing, after the
community members had given their submissions (which was pursuant to leave
granted by Her Honour Justice Pain, noting that community input is not usually
sought by the Court in Caravan Park Approval matters and public notification is
not required by the Local Government Act).
Her Honour requested planning evidence from Council in
relation to a number of matters, and this was required to be provided at short
notice. Her Honour had undertaken a site inspection and after considering
submissions from the planners, addressed the matters in her judgment. This was
not a situation where Mr James refused to allow the community to have input,
rather it was the Court’s process that did not facilitate this course.
The community members had extensive input in relation to
the ecological matters, which guided the development of the most sensitive part
of the site.
The meeting adjourned at 10.15am and reconvened at 11:05am.
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 Michael Lyon declared a non-significant, non-pecuniary
interest in Report 9.1. The nature of the interest being that he is the General
Manager of Mullum SEED, auspicing charity of the community gardens. Cr Michael
Lyon elected to remain in the Chamber and will participate in discussion and
the vote.
Cr Jeanette Martin declared a non-significant, non-pecuniary
interest in Report 9.1. The nature of the interest being that she is on the
board for one of the organisations that is one of the recipients. Cr
Martin elected to remain in the Chamber and will participate in discussion and
the vote.
General Manager, Mark Arnold, declared a pecuniary interest
in Report 16.1. The nature of the interest being that he is the subject of the
report. Mr Arnold elected to leave the Chamber and will not participate
in discussion.
Legal Counsel, Ralph James, declared a non-significant, non-pecuniary
interest in question 2 of public access. The nature of the interest being that he
is the subject of the question. Mr James elected to remain in the
Chamber.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
|
21-425
|
Resolved that
the minutes of the Ordinary Meeting held 23 September 2021 be confirmed. (Hunter/Ndiaye)
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
Sustainable Environment
and Economy
Report No.
13.8 Update on Expression of Interest for Suffolk Park
Community Garden
Report No.
13.9 Main Beach Shoreline Project - outcome of community
consultation on the 7 options
Report No.
13.10 Lot 12 Bayshore Drive - Valuation as per Resolution 21-188
Report No.
13.11 Submissions report - Unauthorised Dwellings Policy
Report No.
13.12 Expression of Interest for next village/town masterplan
Infrastructure Services
Report No. 13.14 Broken Head Reserve Road and
Seven Mile Beach Road - Update
Report No. 13.16 Remediation Mullumbimby Hospital
Site
Reports of
Committees
Infrastructure Services
Report No.
14.1 Report of the Water, Waste and Sewer Advisory Committee
Meeting held on 30 September 2021
7.1 Tincogan
Street Intersection Upgrades and Heavy Vehicle Considerations in Mullumbimby
Confidential Reports
General Manager
Report No.
16.1 Confidential - Annual
Review of GM's Performance
Infrastructure Services
Report No.
16.2 Confidential - Byron
Shire Bioenergy Facility - Project Update
The remaining Recommendations
and Committee Recommendations were adopted as a whole, being moved by Cr Lyon
and seconded by Cr Hunter. Each recommendation is recorded with a separate
resolution number commencing at Resolution No. 21-426 and concluding with
Resolution No. 21-441.
Petitions
|
|
Petition No. 10.1 150
Tandys Lane Brunswick Heads Petition
File No: I2021/1439
|
|
21-426
|
Resolved:
1. That
the petition regarding 150 Tandys Lane Brunswick Heads
be noted and referred to the Director Sustainable Environment and Economy.
2. That the
petition as referred to the Director Sustainable Environment and Economy had
been considered by staff in the report to the 14 October Planning Meeting.
(Lyon/Hunter)
|
Submissions
and Grants
|
|
Report No. 11.1 Grants
and Submissions September 2021
File No: I2021/1609
|
|
21-427
|
Resolved that Council notes the report and Attachment
1 (#E2021/123605) for Byron Shire
Council’s Submissions and Grants as at 30 September 2021. (Lyon/Hunter)
|
Staff
Reports - General Manager
|
|
Report No. 13.1 Lease
to Callanan Holdings Pty Ltd (A.C.N. 050 199 865)
File No: I2021/1479
|
|
21-428
|
Resolved that Council
authorises the General Manager, under delegation, to enter into a lease with
Callanan Holdings Pty Ltd (A.C.N 050 199 865) over Lot 2 DP749851 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 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 for storage of aircraft,
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/Hunter)
|
|
|
Report No. 13.2 Amendment
to Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves
File No: I2021/1564
|
|
21-429
|
Resolved:
1. That
Council considers the submission received from public consultation to amend
Policy 5.52 Commercial Activities on Coastal and Riparian Crown to extend
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 as stated in (1) above.
(Lyon/Hunter)
|
|
|
Report No. 13.3 Lease
to Parington Pty Ltd (A.C.N 002 015 581)
File No: I2021/1570
|
|
21-430
|
Resolved that Council authorises the General Manager,
under delegation, to enter into a lease with Parington Pty Ltd (A.C.N. 002
015 581) on the following terms:
a) Lot
6 DP836887 Staceys Way Tyagarah,
b) term
five-years,
c) base
rent to be set by an independent market valuation (yet to be received) with
rent annually increased thereafter by Consumer Price Index All Groups Sydney,
d) for
the purpose of storage of aircraft,
e) the
Lessor to consent to the Lessee sub-leasing part of the leased land to T
& L West (‘the Sub-Lessee’) for the same term and purpose as
the Head Lease held by the Lessee,
f) the
Lessor acknowledges that the Lessee and
Sub-Lessee owns all buildings and improvements on the Land,
g) Lessee
must, at its cost, be responsible for the following:
i) all
outgoings payable in respect of the Land,
ii) all
maintenance of improvements on the Land including but not limited to all
buildings, road access and or carpark constructed on the Land,
iii) minimum
$20 million public risk insurance covers noting Byron Shire Council as an
interested party provided by the Lessee and Sub-Lessee; and
iv) all
consents, approvals and others authorisation for storage of aircraft on the
Land.
h) Lessee
and Sub-Lessee must at their cost, removal all buildings and other
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/Hunter)
|
|
|
Report No. 13.4 Brunswick
Valley Woodchop and Entertainment Committee request for sub-licence for
market stalls
File No: I2021/1573
|
|
21-431
|
Resolved that Council delegate to the General Manager,
the authority to enter into a sub-licence with the Brunswick Valley Woodchop
and Entertainment Committee Inc for a market sub-licence over Part of Lot
7307 DP1167806 on the following:
a) term
five-years to commence 1 November 2021,
b) rent to be
set in accordance with Council Fees and Charges,
c) conditional
on the sub-licensee holding a community market licence for Memorial Park
Brunswick Heads; and
d) all special
conditions in the community market licence to be replicated in the
sub-licence. (Lyon/Hunter)
|
Staff
Reports - Corporate and Community Services
|
|
Report No. 13.5 Council
Investments - 1 September 2021 to 30 September 2021
File No: I2021/1592
|
|
21-432
|
Resolved that Council
notes the report listing
Council’s investments and overall cash position as at 30 September
2021. (Lyon/Hunter)
|
|
|
Report No. 13.6 Annual
Report 2020/21
File No: I2021/1600
|
|
21-433
|
Resolved that Council notes the Annual Report 2020/21
(#E2021/118348), included as Attachment 1 to this report and its submission
to the Minister for Local Government.
(Lyon/Hunter)
|
|
|
Report No. 13.7 Draft
2020/2021 Financial Statements
File No: I2021/1651
|
|
21-434
|
Resolved:
1. That
Council adopts the Draft 2020/2021 Financial Statements incorporating the
General Purpose Financial Statements (#E2021/127421) and Special Purpose
Financial Statements (#E2021/127426).
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 2020/2021 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 25 November 2021 in
accordance with Section 418(1) of the Local Government Act 1993. (Lyon/Hunter)
|
Staff Reports - Infrastructure
Services
|
|
Report No. 13.13 Draft
Policy - Memorials in Open Space
File No: I2021/1636
|
|
21-435
|
Resolved that Council endorses the exhibition of the
Draft Policy - Memorials in Open Space as shown in Attachment 1
(E2021/126759) for a period of 28 days and;
a) should
no submissions be received, the Draft Policy be adopted.
b) should
submissions be received, a further report to Council to be provided at the
close of the exhibition period detailing the community response received and
any recommended or necessary amendments. (Lyon/Hunter)
|
|
|
Report No. 13.17 Tender
2021-0008 Supply of Ready-Mix Concrete
File No: I2021/1588
|
|
21-436
|
Resolved:
1. That
Council award Tender 2021-0008 – Supply of Ready-Mix Concrete to the
list of suppliers confidentially listed in Attachment 1 – Final
Recommendation Report and be appointed to the tender as Panel Source
suppliers to Byron Shire Council for the initial period of 29 months from 1
November 2021 to 31 March 2024.
2. That
the provision be allowed with one (1) x twelve (12) month extension to extend
the contract subject to performance, which may take this contract through to
31 March 2025.
3. That Council 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 2005. (Lyon/Hunter)
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|
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Report No. 13.19 Part Road
Reserve Closure and sale adjoining Lot 3 DP 707295 336 Booyong Road Nashua
NSW
File No: I2021/1598
|
|
21-438
|
Resolved:
1. That
Council endorses the closure of part road reserve adjoining Lot 3 DP 707295
as detailed in the report.
2. That
Council accepts the valuation as per Attachment 3 E25021/108820 that
has been agreed upon by the landowner.
3. That the
applicant pays all remaining costs associated with the part road closure and
consolidation.
a) Council
application fees
b) Council’s
surveyor's fees and survey, valuation, and legal costs
c) All registration
fees
d) Legal costs
4. The
allotment created by the part road closure to be consolidated into the
existing Parcel No 200 Lot 3 DP 707295.
5. That
Council authorises the execution of all documents necessary to affect the
road closure, sale, transfer, and consolidation of the part closed road. (Lyon/Hunter)
|
|
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Report No. 14.2 Report
of the Local Traffic Committee Meeting held on 5 October 2021
File No: I2021/1628
|
|
21-439
|
Resolved that Council
notes the minutes of the Local Traffic Committee Meeting held on 5 October
2021. (Lyon/Hunter)
|
|
21-440
|
Resolved that Council adopts the following Committee Recommendations:
Report No.
6.1 No Parking Area and No Stopping Requests - Various Locations
File No: I2021/1458
Committee Recommendation 6.1.1
That Council supports the installation of:
1. “No
Parking Area 1am – 7am” sign(s) at the entrance to Scarabelloti's
Lookout on Coolamon Scenic Drive, Coorabell.
2. “No
Parking Area 1am to 6am” sign(s) at the entrance to the Byron Street
netball courts car park in Mullumbimby.
3. “No
Stopping Tuesdays” sign(s) in the cul-de-sac of Hazelwood Close,
Suffolk Park.
(Lyon/Hunter)
|
|
|
Procedural Motion
|
|
21-441
|
Resolved that
Council change the order of business to deal with Reports 9.2, 13.8, 13.10,
13.11, 14.1, 16.2 next on the Agenda. (Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
Notices of Motion
|
|
Notice of Motion No. 9.2 Pay Parking Potential
File No: I2021/1635
|
|
21-442
|
Resolved that Council receive a report on:
1. Pay
parking revenue in 2018-19 broken down into meter charges (combined), worker
permits and resident permits, including an analysis of what the meter charges
revenue would have been at $5 and $6 per hour.
2. Potential
profit from schemes introduced into Brunswick Heads, Mullumbimby and Bangalow
based on expected usage under business-as-usual conditions, at rates of $4,
$5 and $6 per hour.
3. The
Breakdown of pay parking revenue from meters originating from residents of
NRJO, being Byron, Ballina, Lismore, Kyogle, Richmond Valley and Tweed Shires
vs those coming from elsewhere.
4. Ways
that parking meters in a town like Bangalow could be made to better suit
aesthetically the Heritage nature of the town.
5. Details
of areas identified for potential peripheral parking in Mullumbimby and
progress of discussions with Transport for NSW for access and or lease.
6. Comparisons
with other local government areas that have high tourist numbers and that
have pay parking and how they manage their system of residential permits.
(Lyon/Martin)
|
|
|
Procedural Motion
|
|
21-443
|
Resolved that
Cr Lyon be granted a two minute extension to his speech. (Lyon/Hackett)
The motion was put to the vote and
declared carried.
|
AMENDMENT
Moved that Council:
1. Notes:
a) Potential
for parking management to reduce traffic circulation and parking demand in town
centres
b) Potential for revenue from paid parking to fund
placemaking projects, walking, cycling and public infrastructure so that towns
and villages are more walkable and accessible.
2. Receives a
report that provides:
a) details of
areas identified for potential peripheral parking in Mullumbimby and progress
of discussions with TFNSW for access and or lease
b) a breakdown of pay
parking revenue from meters originating from residents of NRJO, being Byron,
Ballina, Lismore, Kyogle, Richmond Valley and Tweed Shires vs those coming from
elsewhere.
c) comparisons
with other local government areas that have high tourist numbers and that have
pay parking and how they manage their system of residential permits.
3. Seeks a
meeting with NSW MPs and Transport for NSW to advocate for additional public
and active transport funding. (Cameron/Coorey)
|
|
Procedural
MotionS
|
|
21-444
|
Resolved that
Cr Spooner be granted a two minute extension to his speech.
(Lyon/Coorey)
The motion was put to the vote and
declared carried.
|
|
21-445
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech.
(Lyon/Coorey)
The motion was put to the vote and
declared carried.
|
The amendment was put to the vote and
declared lost.
Cr Martin, Lyon, Hackett, Spooner,
Hunter voted against the amendment.
The motion (Lyon/Martin) was put to
the vote and declared tied.
Cr Cameron, Hackett, Spooner, Hunter voted
against the motion.
The Mayor used his casting vote and
declared the motion carried.
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.8 Update
on Expression of Interest for Suffolk Park Community Garden
File No: I2021/1341
|
|
21-446
|
Resolved:
1. That
Council accepts the expression of interest by Suffolk Park Community Garden
Incorporated to operate and manage a community garden on part Lot 60 DP817888
known as Linda Vidler Park.
2. That
Council, having considered all submissions received following 28-day public notice of a proposed five-year licence for a Suffolk
Park Community Garden, delegates to the General Manager, the authority to
enter into the following Licence with the Suffolk Park Community Garden
Incorporated on the following:
a) term
five (5) years with no holding over;
b) for
the purpose of a community garden as defined in Byron Shire Community Gardens
2020 Policy;
c) rent
to commence at $490 (exclusive of GST) and thereafter increased annually by
Consumer Price Index All Groups Sydney for the term;
d) the
Licensee to pay usage charges for all services connected to the land including
waste management services and provide public liability and contents
insurance; and
e) the
Licensor to pay outgoings of the value of general land rates and fixed water
and sewer chargers (if payable).
3. That
Council undertakes further consultation with the Suffolk Park Community
Garden Inc. regarding the layout and construction of the paths and retaining
the existing fruit trees (Martin/Spooner)
The motion was put to the vote and
declared carried.
|
|
|
Report No. 13.10 Lot 12
Bayshore Drive - Valuation as per Resolution 21-188
File No: I2021/1095
|
|
21-447
|
Resolved that Council endorses the valuation range of
$1,811 /m2 to $1,860/m2 of land area as per
confidential annexures (Attachments 4 and 5) for the sale of land marked
‘Lot 1’ in the Subdivision Concept Plan (refer Attachment 2), and
that sale negotiations continue as previously defined in Council resolution
21-188. (Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
Cr Hunter voted against the motion.
|
|
|
Report No. 13.11 Submissions
report - Unauthorised Dwellings Policy
File No: I2021/1358
|
|
21-448
|
Resolved:
1. That
Council acknowledges the submissions detailed in Attachment 1 (E2021/123747)
in response to the public exhibition of the Draft Unauthorised Dwellings
Policy detailed in Attachment 2 (E2020/59113).
2. That
Council agrees to the Draft Unauthorised Dwellings Policy being converted to
a guideline document for internal use by staff to outline the process for reactive
investigations initiated by complaints and owner-initiated actions.
3. That Council
agrees to the guideline document, including the Planning Pathways outlined in
Report 13.19 Draft Unauthorised Dwelling Policy to the August 27, 2020, Ordinary
Meeting, become a supporting document to the Enforcement Policy 2020.
(Lyon/Hunter)
The motion was put to the vote and
declared carried.
|
Reports
of Committees - Infrastructure Services
|
|
Report No. 14.1 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 30 September
2021
File No: I2021/1599
|
|
21-449
|
Resolved that Council
notes the minutes of the Water, Waste and Sewer Advisory Committee Meeting
held on 30 September 2021. (Ndiaye/Coorey)
|
|
21-450
|
Resolved that Council
adopts the following Committee Recommendations:
Report No.
3.1 Adoption of Minutes from Previous Meeting
File No: I2021/1528
Committee Recommendation 3.1.1
That the minutes of the Water, Waste
and Sewer Advisory Committee Meeting held on 19 August 2021 be confirmed. (Ndiaye/Coorey)
|
|
21-451
|
Resolved that Council adopts
the Committee Recommendations:
Report No.
4.1 Workshop - Ocean Shores to Brunswick Valley STP Transfer
File No: I2021/1495
Committee Recommendation 4.1.1
That Council, in relation to Ocean
Shores and Brunswick Valley STP's:
1. Notes the
status report.
2. Recommits to
reducing I/I in all sewer catchments.
3. Proceeds to
detailed design for infrastructure to transfer sewage flows from Ocean Shores
STP to Brunswick Valley STP for:
a) All current
and projected flows to Ocean Shores STP (for the purpose of temporary closure
for repairs and flows in excess of wet weather capacity), and,
b) With
facility to continue to discharge an adjustable proportion of the flows to
Ocean Shores STP (up to ~100% of current sewage flows) on an ongoing basis.
4. Investigates
options for upgrades to Ocean Shores STP to rectify its prevailing condition,
configuration, and redundancy issues, and to improve its efficiency and
reliability. The capacity of the upgraded plant would not be required to be
increased through the upgrades, and may be marginally reduced where cost
effective to do so.
5. Investigates
options (including options with no Balancing Pond) for upgrades to Brunswick
STP to rectify any prevailing issues (particularly in UV disinfection), and
as required to accommodate the fraction of loads which cannot be reliably
treated at the upgraded Ocean Shores STP.
6. Receives a
forward expenditure strategy based on timing of upgrades in Parts 2 & 3
above, and on growth estimated in Council's planning strategies.
7. Receives a
briefing at its next Strategic Planning Workshop. (Ndiaye/Coorey)
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|
|
Procedural Motion
|
|
21-452
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech.
(Lyon/Coorey)
The motion was put to the vote and
declared carried.
|
The motions
(21-449 to 21-451) were put to the vote and declared carried.
The meeting adjourned at 1.10pm for a lunch break and
reconvened at 2.00pm.
|
|
Procedural Motion
|
|
21-453
|
Resolved that
Council changes the order of business to deal with Report 13.14 next on the
Agenda. (Lyon)
The motion was put to the vote and
declared carried.
|
Staff Reports - Infrastructure
Services
|
|
Report No. 13.14 Broken
Head Reserve Road and Seven Mile Beach Road - Update
File No: I2021/1319
|
|
21-454
|
Resolved that Council:
1. Supports
the development of issue for construction designs and the commencement of
construction works for Broken Head Reserve Road Stage 1 and Seven Mile Beach
Road Stage 2 in accordance with the designs provided at attachments 1
(E2021/114798) and 2 (E2021/114799) with following adjustments:
a) That
the single lane slow points be brought forward into Stage 1 of the
Broken Head Road Reserve
b) That
staff seek the concurrence of Transport for NSW for a reduction to 30 km/h in
the village area of Broken Head
c) That
staff explore placing hardwood bollards instead of castellated kerb on the
southern side of Broken Head Road in Stages1 and 2
2. Supports
the use of Election Commitment Grant Pavement Asphalt Overlay Program
funding to supplement the works in item 1 as required to complete these
approved works.
3. Publishes
the issue for construction drawings on Council’s website for
information when complete.
4. Advises
local resident groups and the wider community where and how to find the final
design drawings.
5. Supports
the progression of Option 1 - In ground parking sensors as a parking control
solution for Seven Mile Beach Road and Broken Head Reserve Road as funding
permits.
6. Supports
staff discussing the funding of Broken Head Reserve Road Stage 4 – 30
Kings Beach Carpark with the National Parks and Wildlife Service.
7. Undertakes
a comprehensive communications campaign in advance of rocks being placed at
the end of Seven Mile Beach road to advise the community that they are for
the protection of biodiversity, will save funds with regard to other measures
and prevent damage to dunes from 4WDs on the beach
8. Prioritises
sealing car parks so that lines can be drawn which would properly designate
parking spaces
9. Further
consultation be held with residents and stakeholders to supply information
regarding the underground sensors for parking on Seven Mile Beach Road.
(Coorey/Ndiaye)
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|
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Procedural Motion
|
|
21-455
|
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.
|
The motion (Coorey/Ndiaye) was put to
the vote and declared carried.
Confidential
Reports - Infrastructure Services
|
|
Report No. 16.2 Confidential - Byron Shire Bioenergy
Facility - Project Update
File No: I2021/1476
|
|
21-456
|
Resolved:
1. That
pursuant to Section 10A(2)(d)i and (d)ii of the Local Government Act, 1993,
Council resolve to move into Confidential Session to discuss the report Byron
Shire Bioenergy Facility - Project Update.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it
b) information
that would, if disclosed, confer a commercial advantage on a competitor of
the council
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as:
Council is still in direct commercial
negotiations with its preferred Contractor and disclosing the total project
costs could disadvantage Council's negotiating position.
The Australian Renewable Energy Agency
does not permit public discussion of its contemplated grants during the grant
application process and requires that the application information remain
confidential. (Spooner/Ndiaye)
The motion
was put to the vote and declared carried.
Cr Cameron
voted against the motion.
|
|
|
Procedural MotionS
|
|
21-457
|
Resolved that
Council move into Committee to allow for free debate. (Spooner/Lyon)
The motion was put to the vote and
declared carried.
|
|
21-458
|
Resolved that
Council move out of Committee and resume the Ordinary Meeting. (Lyon)
The motion was put to the vote and
declared carried.
|
|
21-459
|
Resolved that
the meeting move out of confidential session. (Lyon)
The motion was put to the vote and
declared carried.
|
|
21-460
|
Resolved that Council:
1. For
the reasons set out in point 2 below, resolves to directly negotiate
contracts for the Design & Construction and/or Operations &
Maintenance of the Bioenergy Facility with its preferred contractor Skala
Australasia Pty Ltd pursuant to the exception under s.55(3)(i) of the Local
Government Act 1993.
2. Is reasonably satisfied of the unavailability of
competitive or reliable tenderers if Council were to re-invite tenders for
this further contract as;
a) The preferred contractor Skala
Australasia Pty Ltd. (Skala) represents in Australia the Bekon dry anaerobic
digestion technology from Germany.
b) Bekon and its parent company
Eggersman are European and global leaders in the design, supply, construction
and operation of dry anaerobic digestion and aerobic composting facilities
used by Local Government Authorities world-wide for processing organic/green
wastes.
c) Skala and Bekon competed, and
were successful in winning, Council’s public 2-Stage Expression of
Interest (Request for Tender) contract no.2018-0068.
d) Other overseas manufacturers
of similar and related technologies declined to submit in that
procurement process, mostly because they are not represented in Australia and
could not complete this project remotely in a technically or economically
feasible fashion; and
e) Skala has substantial project
knowledge and has delivered to Council high quality value-for-money services
to date.
3. Increase
the forecast upper limit contribution to the budget for the Bioenergy
Facility project in accordance with the comments provided in the report by
the Manager Finance, by increasing its budgeted loan borrowing requirement
for the 2021/2022 financial year.
4. Authorise
the General Manager to negotiate loan borrowing terms offered to Council that
represents the best financial outcome amongst other loan offers received if
required.
5. Commits
as soon as practicably possible for staff and project consultants to meet
with local environmental groups and neighbouring residents to enable
discussion of outstanding concerns around the project. (Spooner/Lyon)
The motion
was put to the vote and declared carried.
|
Mayoral
Minute
The Mayor provided a verbal report:
Leading into 1 November, where we are
going to see a substantial change in the Shire in terms of visitation returning
to our region, we are going to have a lot of people coming here; accommodation
is booked out. It is something where we, as part of the Northern Rivers Joint Organisation
(NRJO), were pushing for potential extensions of time to deal with the impacts
and wanting to have our vaccination rates up. But I think at some stage in some
way there has to be a balance that is struck here. I think for our part we just
need to move forward now and move on. We are going to be under that 80% that we
wanted to be at. But I think we can manage that and I think that it is going to
be a really interesting, but hectic time over the next month and then beyond.
So, I just want to state that though we had a position at NRJO level, I think
we can manage the impacts of people coming here. If you are in a situation where
you don’t feel you are yet protected you probably need to be mindful of
that and practice social distancing and mask wearing until such time as you
are. We did have that lack of supply of vaccinations in our region for some
time and there were some calls for us to keep calling for a delay to travel. I
don’t think that is going to happen, I think we need to get with the
program set out from Monday and move forward and deal with those impacts.
Notices of
Motion
|
|
Notice of Motion No. 9.1 Mayoral Fund 2021/2022 -
Allocation of Funding
File No: I2021/1563
|
|
21-461
|
Resolved that Council confirms the donations from the
Mayor’s Discretionary Allowance 2021/2022 as per recommendation in
Attachment 1 (E2021/119623), including applications partially supported. (Lyon/Ndiaye)
The motion was put to the
vote and declared carried.
|
Delegates'
Reports
Cr Ndiaye gave the following
delegates’ report:
For those of us that made it down, or
have since made it down, to the railway corridor activation area. It was a
really lovely event. It was great to see another one of the community’s
visions come to life and be executed so well. I just wanted to commend staff, the
Master Plan Group, Councillors, and the Public Art Panel for working together
and overcoming all the challenges involved to get to that place with heritage
and any other number of issues. It looks amazing. It is a really nice addition
in terms of our jigsaw puzzle of projects that we as a Council have invested in.
Seeing the artistic elements, seeing Giovanni’s sculpture finally find
its home and it looks so fantastic. To also see the integration between the bus
depot, railway park, and that area going right over to Butler Street, which of
course is a bit of a challenge at the moment. It was really great work from
everyone and a testament to what we can do when we all work together. It was a
really lovely event.
Staff
Reports - Sustainable Environment and Economy
|
|
Procedural Motion
|
|
21-462
|
Resolved:
1. That
pursuant to Section 10A(2)(g) of the Local Government Act, 1993, Council
resolve to move into Confidential Session to discuss the report Main Beach
Shoreline Project - outcome of community consultation on the 7 options
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
g) advice
concerning potential litigation, or advice that would otherwise be privileged
from production in legal proceedings on the ground of legal professional
privilege
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as:
Council has been provided with legal
advice from a stakeholder and has obtained its own advice in that regard.
Discussion on those advices should be confidential. (Lyon/Ndiaye)
The motion was put to the vote and
declared carried.
|
|
|
Report No. 13.9 Main Beach Shoreline Project - outcome of community
consultation on the 7 options
File No: I2021/33
|
|
21-463
|
Resolved that Council:
1. Notes
the outcomes of community engagement activities and feedback received for the
Main Beach Shoreline Project outlined in this report.
2. Endorses the
following three options:
·
Option 6 - protective structure moved landward by up to 30m
·
Option 7 - existing structure upgraded to contemporary
standards
·
Option 2 – berm rock revetment and pathway
3. Receives a
further report once the detailed technical investigations on the three
options are complete. (Hackett/Spooner)
|
|
|
Procedural Motion
|
|
21-464
|
Resolved that
Cr Hackett be granted a two minute extension to her speech.
(Cameron/Hunter)
The motion was put to the vote and
declared carried.
|
AMENDMENT
Moved that Council:
1. Notes
the outcomes of community engagement activities and feedback received for the
Main Beach Shoreline Project outlined in this report.
2. Endorses the
recommended three options as outlined in Attachment 1 (E2020/40490)
to progress to detailed investigation:
· Option
5 – protective structure moved landward by 10m
· Option 7 – existing structure upgraded to
contemporary standards; and
· Option
2 – berm rock revetment and pathway
3. Receives
a further report once the detailed technical investigations on the three
options are complete. (Ndiaye/Hunter)
|
|
Procedural Motion
|
|
21-465
|
Resolved that
Cr Hackett be granted a one minute extension to her speech.
(Lyon/Martin)
The motion was put to the vote and
declared carried.
|
|
21-466
|
Resolved: that
the amendment be put. (Ndiaye)
The motion was put to the vote and
declared carried.
Crs Cameron and Hackett voted
against the motion.
|
The amendment was put to the vote and
declared lost.
Crs Martin, Lyon, Cameron, Hackett,
Spooner voted against the amendment.
Cr Ndiaye left the Chambers at 3.34pm.
The motion (Hackett/Spooner) was put to the vote and
declared carried.
|
|
Procedural Motion
|
|
21-467
|
Resolved that
the meeting move out of confidential session. (Lyon)
The motion was put to the vote and
declared carried.
|
|
|
Report No. 13.12 Expression
of Interest for next village/town masterplan
File No: I2021/1491
|
|
21-468
|
Resolved:
1. That
Council endorses an expression of interest process in early 2022 for the next
village/town Masterplan as outlined in this report.
2. That
Council receives a further report on the expression of interest process, with
the report to include a recommendation for a preferred village/town
masterplan and a project plan and resourcing plan showing staff time and
other budget required to undertake the work.
3. That
Council notes depending on 2, the timeframe for the new village/town
masterplan may be delayed in part or all until Financial Year 2023/24.
4. That
Council notes previous Resolution 20-432, particularly part 3.
5. That
Council, with consultation, investigates further traffic calming and
other treatments to slow traffic within the retail and service precinct as
shown on the Pedestrian Amenity and Safety Plan including implementation of a
40kph or lower speed limit and a shared zone. (Cameron/Coorey)
The motion was put to the vote and
declared carried.
|
Staff Reports
- Infrastructure Services
|
|
Report No. 13.15 Bewilderness
Unsolicited Proposal
File No: I2021/1489
|
|
|
This item was
withdrawn by the proponent prior to the meeting.
|
|
|
Report No. 13.16 Remediation
Mullumbimby Hospital Site
File No: I2021/1524
|
|
21-469
|
Resolved that Council:
1. Increase
the 2021/2022 budget for the remediation of the Mullumbimby Hospital Site by
$1,500,000 with funding provided through a new external loan on an interest
only basis repayable by 30 June 2024.
2. Increase
its loan borrowing requirement for the 2021/2022 financial year by $1,500,000
and authorise the borrowing of $1,500,000 to finance the finalisation of the
remediation of the Mullumbimby Hospital Site.
3. Authorise
the General Manager to accept loan borrowing terms offered to Council that
represents the best financial outcome amongst other loan offers received.
4. That
Council authorises the affixing of the Council Seal (if required) to any
documents to execute the loan borrowings outlined in this report. (Hunter/Spooner)
The
motion was put to the vote and declared carried.
|
Confidential
Reports - General Manager
|
|
Report No. 16.1 Confidential - Annual Review of GM's
Performance
File No: I2021/1587
|
|
21-470
|
Resolved:
1. That
pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council
resolve to move into Confidential Session to discuss the report Annual Review
of GM's Performance.
2. That the
reasons for closing the meeting to the public to consider this item be that
the report contains:
a) personnel
matters concerning particular individuals (other than councillors)
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as the GM's
performance review report contains confidential information about
performance. (Cameron/Hunter)
The motion was put to the vote and
declared carried.
|
|
21-471
|
Resolved:
1. That
Council note the findings and endorse recommendations from the performance
review panel with respect to the annual performance review for the General
Manager contained in Attachment 1 (E2021/123061).
2. That Council
endorse the 2021/22 Performance Agreement for the General Manager contained
in Attachment 2 (E2021/112480). (Cameron/Lyon)
|
|
|
Procedural MotionS
|
|
21-472
|
Resolved that
Council move into Committee to allow for free debate. (Lyon)
The motion was put to the vote and
declared carried.
|
|
21-473
|
Resolved that
Council move out of Committee and resume the Ordinary Meeting. (Lyon)
The motion was put to the vote and
declared carried.
|
|
21-474
|
Resolved that
the meeting move out of confidential session. (Lyon/Cameron)
The motion was put to the vote and
declared carried.
|
The motion (Cameron/Lyon) was put to
the vote and declared carried.
There being no further business
the meeting concluded at 3:56pm.
I
hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 25 November 2021.
….…………………………
Mayor Michael Lyon
