Minutes
Extraordinary Meeting
Thursday, 3 February 2022
Minutes
Extraordinary Meeting
Thursday, 3 February 2022
BYRON SHIRE COUNCIL
Extraordinary Meeting Minutes
3 February 2022
The following items are listed in the order in which they were dealt with.
Notice of Motion No. 4.1 EV charging station in Station Street
Notice of Motion No. 4.2 Notice of Motion to LGNSW Special Conference - Governance Tools
Notice of Motion No. 4.5 Housing and Affordability Advisory Committee for Byron Shire
Notice of Motion No. 4.6 Byron Shire Housing Summit 2022
Notice of Motion No. 4.7 Panels and Committees
Notice of Motion No. 4.8 Arts and Culture Summit 2022
Notice of Motion No. 4.9 Council Meeting Times
No. 1 Election to the Australian coastal Council Association's Committee of Management
Report No. 5.1 Oath or Affirmation of Office
Report No. 5.2 Election of Deputy Mayor - 2022
Report No. 5.3 Adoption of a Code of Meeting Practice
Report No. 5.4 Review of Council's Codes of Conduct
Report No. 5.5 Review of Council Delegations
Report No. 5.6 Meeting Schedule 2022 - Council Meetings and Strategic Planning Workshops
Report No. 5.11 Countback for Casual Vacancy within the first 18 months of Term
Report No. 5.9 Election of Representatives for Rous County Council
Report No. 5.7 Advisory Committee Structure and Determination of Councillor Representatives
Report No. 5.8 Establishment and Delegation to Section 355 Committees
Report No. 5.10 Determination of Councillor Representatives on Regional Committees
Report No. 5.12 Local Government NSW Special Conference
Report No. 5.13 Environmental Planning and Assessment (Statement of Expectations) Order 2021
Report No. 5.14 Northern Regional Planning Panel Membership
BYRON SHIRE COUNCIL
Extraordinary Meeting Minutes 3 February 2022
MINUTES OF THE BYRON SHIRE COUNCIL Extraordinary Meeting HELD ON Thursday, 3 February 2022 COMMENCING AT 9:13AM AND CONCLUDING AT 5.15PM.
I2022/36
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr Pugh, Cr Swivel, and Cr Westheimer
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)
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:
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No. |
Report Title |
For/Against |
Name |
Via |
|
5.3 |
Adoption of a Code of Meeting Practice |
Against |
David Wallace |
Dial in |
|
John Anderson |
Dial in |
|||
|
5.7 |
Advisory Committee Structure and Determination of Councillor Representatives |
Against |
Matthew Lambourne |
Dial in |
|
5.5 |
Review of Council Delegations |
Against |
Jan Barham |
Dial in |
Submissions
|
Subject |
Name |
Representing Community Organisation |
Via |
|
Non-compliance by online booking platforms with the short-term rental accommodation (STRA) registration regulation A)
|
David Wallace |
Victims of Holiday Letting (VOHL) |
Dial in |
|
Affordable Housing Crisis |
Jan Barham |
|
Dial in |
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Community anxiety about overdevelopment |
Catherine Lane |
Friends of Capricornia Canal (FoCC) |
Join the webinar (Zoom) |
|
Due Process |
John Anderson |
|
Dial in |
Question No. 1 - Sale of Lot 12 Bayshore Drive, Byron Bay
David Dixon provided a written question that was read by staff:
I would like an update on the sale of Lot 12 Bayshore Drive. If this sale has been finalized, then please advise the price per square metre achieved, as well as payment terms. If this sale has been finalized, then I trust the maximum valuation was realised for a public asset being sold in a booming property market.
The General Manager advised that the sale has not yet been finalised.
Question No. 2 – Public Notices
Jan Barham asked the following question:
Can council advise of the cost saving due to the cessation of the advertising of public notices in the print media and in the spirit of open and accessible processes will councillors be willing to review this decision?
The General Manager provided the following response:
The requirement to advertise public notices in the newspaper was changed in the Local Government (General) Regulation in April 2020, but Council continued to advertise in the Echo until 30 September 2020 when Council’s contract ended. All public notices are now on Council’s website with other newspaper advertising continuing on an ‘as needed’ basis rather than in ‘block ad’ format.
Our financial records show a steady decrease in advertising expenses with the Echo of 18% since 2020. A saving of approximately $5,500 at year end 30 June 2021, and on track for similar saving this financial year.
Cr Lyon added:
I am personally not keen to review it given the amount of copies of the Echo that just sit there these days and the trend toward online reading of important matters.
Cr Ndiaye further added:
When we made that decision the money was still being spent on things like BayFM and other. We just broadened the spread of advertising rather than focus on one particular publication. Does that $5500 take into account the spend in other publications or community radio?
General Manager responded: No, the response is only in relation to advertising in newspaper, savings from the traditional format to what we do now.
Cr Dey further added:
Quite willing to review that. I believe that there are things that the public would benefit from knowing. For example, there were quite a few members of the public that turned up today. Had Council put a notice in last week’s Echo they would have known that they couldn’t attend the meeting. Also, now that Council is liberated from the ‘stodgy’ formatting of the previous notices I think we could get a lot more value for a lot less money.
Cr Coorey further added: I am concerned about access. A lot of people in our Shire don’t have good internet connection. Older members of our community still rely on the Echo. So I am keen to reconsider that also.
Question No. 3 – STRA
David Wallace, on behalf of Victims of Holiday Letting (VOHL), asked the following question:
On 12 December 2021, Inside Airbnb said that there were 3,313 dwellings being used for Airbnb in Byron Shire. To date, how many STRA have been registered in Byron Shire? Specifically, what will Council do to ensure that the STRA industry participants comply with regulations?
The Director of Sustainable Environment and Economy provided the following response:
Thank you for the question. It is quite pertinent given the current situation.
Checking the register as of this morning there were 1,697 that had registered on the State Register. Of those, there are 656 listing themselves as hosted and 951 as unhosted. Interestingly, there has been 7 deregistered properties. So not sure what that is, but clearly those properties were unable to meet the requirements.
Where we are at the moment is, as you mentioned, there is an avenue for a breach of the Fair Trading Act. In that those properties that are advertising, or are advertising falsely, can be followed up through that Act as a breach.
Secondly. SEPP Housing 2021, ironically STRA is listed in the Housing SEPP. Notwithstanding, there is a breach of that particular policy should a property be advertising and also being used for AirBnB.
Staff are currently looking at reviewing the gap between the 3,313 and the 1,697 properties. Which is a big job. The difficultly we have got is poring through that data and then trying to unpack what the issue is in terms of the breach.
We will be writing to the Department of Fair Trading and Department of Planning about this issue.
Question No. 4 – Power to eject members of the public
John Anderson asked the following question:
Do Council’s lawyers now concede that under section 10 & 11 of the Local Government Act and Regulation 233, the Council only has the power to eject a member of the public from one meeting at a time for reasons of disorderly conduct at that same meeting?
Legal Counsel provided the following response:
The provisions of Section 10 and Regulation 233 provide for an entitlement to attend Council meetings and for expulsion from those meetings for disorderly conduct.
The provisions of Section 10 and Regulation 233 do not override the operation of other statutes such as the Bail Act or Public Health Orders.
The meeting adjourned at 10.27pm and reconvened at 10:52am.
APOLOGIES
There were no apologies.
DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY
There were no declarations of interest on items on the Agenda.
DISCLOSURE OF INTERESTS RETURN
In accordance with clause 4.9 of the Code of Conduct, a primary Return of Interests for Mikko Rintala, in the position of Project Engineer, was tabled.
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Procedural Motion |
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Resolved that the motion be put. (Hunter) The motion was put to the vote and declared carried. |
The motion (Ndiaye/Dey) was put to the vote and declared carried.
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Notice of Motion No. 4.7 Panels and Committees File No: I2022/7
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The Notice of Motion 4.7 Panels and Committees was withdrawn. |
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Procedural MotionS |
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Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and declared carried. |
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Resolved that Council move out of Committee and resume the Meeting. (Lyon) The motion was put to the vote and declared carried. |
The meeting adjourned at 12.58pm for a lunch break and reconvened at 1:45pm.
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Procedural MotionS |
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Resolved that Council move into Committee to allow for free debate. (Dey) The motion was put to the vote and declared carried Crs Balson and Hunter voted against the motion |
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Resolved that Council move out of Committee and resume the Ordinary Meeting. (Dey) The motion was put to the vote and declared carried. |
The motion (Pugh/Coorey) was put the vote and declared lost.
Crs Dey, Swivel, Ndiaye, Lyon, Westheimer, Balson, and Hunter voted against the motion.
MAYORAL MINUTE
Staff Reports - General Manager
The Returning Officer advised that one nomination had been received.
Cr Ndiaye was declared Deputy Mayor, unopposed.
Staff Reports - Corporate and Community Services
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Procedural Motion |
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Resolved that Council change the order of business to deal with Report 5.9 next on the Agenda. (Lyon) The motion was put to the vote and declared carried. |
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Report No. 5.9 Election of Representatives for Rous County Council File No: I2021/1962
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Resolved that this matter rest on the table. (Lyon) The motion was put to the vote and declared carried. |
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Procedural Motion |
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Resolved that Council change the order of business to deal with Report 5.11 next on the Agenda. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
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Report No. 5.11 Countback for Casual Vacancy within the first 18 months of Term File No: I2021/983
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Resolved that Council endorses the use of the countback method in the event that a casual vacancy in the office of a councillor occurs within the first 18 months of the current term of office. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
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Procedural Motion |
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Resolved that Report No. 5.9 be lifted from the table. (Lyon) The motion was put to the vote and declared carried. |
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Report No. 5.9 Election of Representatives for Rous County Council File No: I2021/1962
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1. That Council determines by Preferential Ballot its first delegate to Rous County Council. 2. That Council determines by Preferential Ballot its second delegate to Rous County Council. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
The Returning Officer advised that four nominations had been received.
A preferential ballot was conducted to elect the first delegate.
The Returning Officer declared Cr Michael Lyon elected to the Rous County Council by majority vote.
There were three nominations for the second delegate position.
The Returning Officer declared Cr Sarah Ndiaye elected to the Rous County Council by majority vote.
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Report No. 5.7 Advisory Committee Structure and Determination of Councillor Representatives File No: I2021/1947
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That Council: 1. Notes the following committees are proposed to continue in their current form and appoints Councillor representatives: · Arakwal Memorandum of Understanding Advisory Committee – 3 Councillors Crs Ndiaye, Coorey, Pugh – Alternate Cr Balson · Local Traffic Committee – 1 Councillor Cr Lyon 2. Notes the proposed revised structure and objectives of the following committees and appoints Councillor representatives: a) Biodiversity Advisory Committee – 3 Councillors Crs Ndiaye, Balson, Westheimer b) Climate Change and Resource Recovery Advisory Committee – 3 Councillors Crs Ndiaye, Swivel, Pugh c) Finance Advisory Committee – 4 Councillors Crs Swivel, Balson, Pugh, Hunter d) Infrastructure Advisory Committee – 3 Councillors Crs Lyon, Swivel, Dey e) Moving Byron Advisory Committee – 4 Councillors Crs Coorey, Swivel, Dey, Westheimer f) Water and Sewer Advisory Committee – 4 Councillors Crs Lyon, Ndiaye, Coorey, Dey g) Heritage Advisory Committee – 2 Councillors Crs Swivel, Balson h) Strategic Business Advisory Committee – 3 Councillors Crs Lyon, Pugh, Hunter i) Coastal and ICOLL Advisory Committee – 2 Councillors Crs Dey, Coorey – Alternate Ndiaye j) Floodplain Management Advisory Committee – 3 Councillors Crs Lyon, Coorey, Dey
3. Establishes the Communications Panel and appoints 2 Councillors as representatives. Crs Ndiaye, Coorey – with Cr Balson as an alternate
4. Establishes the General Manager’s Performance Review Panel and appoints the Mayor and three Councillors as representatives. Crs Dey, Hunter, Ndiaye
5. Establishes the following Advisory Committees and appoints Councillor representatives: a) Housing and Affordability Advisory Committee – 3 Councillors Crs Ndiaye, Balson, Dey b) Arts and Creative Industries Advisory Committee – 3 Councillors Crs Ndiaye, Balson, Westheimer – Coorey alternate
6. That Council establishes an Audit, Risk, and Improvement Committee and: a) appoints 2 Councillors - Cr Swivel, Hunter b) adopts the draft Audit Risk and Improvement Committee Constitution at Attachment 3 (E2021/148820) which begins to align with the Office of Local Government Guidelines expected to be implemented from 1 July 2022. 7. Notes
the Advisory Committee Constitution template at Attachment 1 (E2021/150446)
to be used in the development of Advisory Committee Constitutions once
established. 8. Notes that calls for nominations for community representatives for each committee will be reported back to Council at the March Ordinary Meeting for appointment. 9. Writes to the former committee and panel members advising them of the changes to Council’s committee structure, officially thanking them for their contribution to date, and inviting a nomination on the new committee. 10. Endorses the proposed Committee Meeting schedule as provided at Attachment 2 (E2021/155310) with amendments to capture the changes to the committee structure. 11. That a review of the committees be undertaken in 12 months’ time. (Lyon/Dey) |
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Procedural Motion |
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Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and declared carried. |
The Mayor left the Chamber at 3:56pm.
The Deputy Mayor took the Chair.
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Procedural Motion |
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Resolved that Council move out of Committee and rest item 5.9 on the table for a short break. (Ndiaye) The motion was put to the vote and declared carried. |
The meeting adjourned at 4.10pm and reconvened at 4.21pm.
The Mayor resumed the Chair.
The motion (Lyon/Dey) was put to the vote and declared carried.
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Report No. 5.8 Establishment and Delegation to Section 355 Committees File No: I2021/1123
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1. That Council grants an extension of term to the existing s355 Committees of one month due to the delay in the first Council meeting of the new term and that staff write to advise existing committee members accordingly.
2. That Council confirms the establishment of the following eight Committees under Section 355(b) of the Local Government Act 1993 a) Bangalow Parks (Bangalow Showground) Section 355 Management Committee b) Brunswick Heads Memorial Hall Section 355 Management Committee c) Brunswick Valley Community Centre Section 355 Management Committee d) Durrumbul Community Hall Section 355 Management Committee e) Ocean Shores Community Centre Section 355 Management Committee f) South Golden Beach Community Centre Section 355 Management Committee g) Suffolk Park Community Hall Section 355 Management Committee h) Marvel Hall Section 355 Management Committee
3. That Council confirms the establishment of the following two Boards of Management under Section 355(b) of the Local Government Act 1993: a) Bangalow A&I Hall b) Mullumbimby Civic Memorial Hall
4. That Council revokes the Section 377 Delegation of Authority to the Lone Goat Gallery Voluntary Management Board, disbands the committee and dissolves the Lone Goat Gallery Section 355 Committee. A letter of thanks to be sent to all Committee Members.
5. That Council adopts the Delegation of Authority under Section 377 of the Local Government Act 1993, as shown in Attachment 1 (#E2016/66109) for each Section 355 Management Committee and Board of Management confirmed in 1 and 2 above.
6. That Council endorses the Halls and Venues Guidelines for Section 355 Committees and Boards (attachment 2, E2021/154643), with the following amendments: a) That ‘objectives’ be included to outline what was previously known as the ‘terms of reference’. b) Other than the initial appointments, removal of the requirements for Section 355 and Board of Management Committee resignations and appointments to be formally endorsed by Council resolution, and that function to be delegated to the General Manager under Section 377 of the Local Government Act 1993. c) That designated Councillor contacts are determined for each Committee in place of Councillor appointments to board positions on Section 355 and Board of Management Committees.
7. That Council determines a Councillor contact for each of the following Section 355 Management Committees or Boards of Management confirmed in 1 and 2 above. a) Bangalow Parks (Bangalow Showground) Section 355 Management Committee – Cr Pugh b) Brunswick Valley Community Centre Section 355 Management Committee – Cr Dey c) Brunswick Heads Memorial Hall Section 355 Management Committee – Cr Coorey d) Durrumbul Community Hall Section 355 Management Committee – Cr Dey e) Ocean Shores Community Centre Section 355 Management Committee – Cr Lyon f) South Golden Beach Community Centre Section 355 Management Committee – Cr Lyon g) Suffolk Park Community Hall Section 355 Management Committee – Cr Swivel h) Bangalow A&I Hall Board of Management – Cr Pugh i) Mullumbimby Civic Memorial Hall Board of Management – Cr Westheimer j) Marvell Hall 355 Management Committee – Cr Swivel (Lyon/Ndiaye)
The motion was put to the vote and declared carried. |
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Report No. 5.10 Determination of Councillor Representatives on Regional Committees File No: I2021/1955
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1. Notes that Cr Coorey’s appointment to the Arakwal National Park, Byron Coast Area Management Committee, and Cape Byron Trust has been endorsed by the Minister to 2024 and given her re-election to Council, she will continue in this position. 2. Notes that the Mayor and Alternate Delegate, the Deputy Mayor, are appointed as Council’s representative on the Northern Rivers Joint Organisation. 3. Determines its representatives on the following Regional Committees: a) Arts Northern Rivers Board of Directors Member: Cr Westheimer Alternate: Cr Balson b) Byron Bay Liquor Accord Cr Lyon Cr Ndiaye c) Chamber of Commerce – Bangalow Cr Pugh d) Chamber of Commerce – Brunswick Heads Cr Hunter e) Chamber of Commerce – Byron Bay Cr Lyon f) Chamber of Commerce – Mullumbimby Cr Ndiaye g) Far North Coast Bush Fire Management Committee Cr Dey h) Mullumbimby Showground Trust Cr Hunter i) North Byron Parklands Regulatory Working Group Cr Swivel j) Richmond Tweed Regional Library Committee Member: Cr Swivel Member: Cr Pugh Alternate: Cr Coorey (Lyon/Ndiaye)
The motion was put to the vote and declared carried. |
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Report No. 5.12 Local Government NSW Special Conference File No: I2021/1165
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That Council authorises Cr Lyon, Cr Swivel, and Cr Balson to attend the Local Government NSW Special conference as voting members and Cr Ndiaye to attend as a non-voting member from 28 February to 2 March 2022. (Lyon/Ndiaye) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
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Report No. 5.13 Environmental Planning and Assessment (Statement of Expectations) Order 2021 File No: I2021/1967
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1. Notes that Council received in mid-December 2021 an Environmental Planning and Assessment (Statement of Expectations) Order 2021 signed by state Minister Stokes on 26 November 2021 and setting out the “Minster’s Expectations” in relation to (1) Development Assessment, (2) Planning Proposals, and (3) Strategic Planning Obligations. 2. Notes that Order 2021 imposes new and separate performance benchmarks for development assessment, planning proposals and strategic planning. 3. Notes that Order 2021 states that “if a Council is found not to be meeting these expectations, the Minister can take these matters into consideration as part of determining if it is appropriate to appoint a planning administrator or regional panel to exercise a council’s functions”. 4. Recognises that Byron Shire determines almost three times as many DA’s per 1000 residents as the average of NSW Councils (25.8 versus 9.4 based on LGPEP data for 2020). 5. Recognises that 38% more applications were determined by each Full Time Equivalent staff member at Byron than the NSW average (36 versus 26). 6. Commends staff and the Director SEE on the Council’s performance on development assessment, planning proposals and strategic planning given numerous legislative changes and challenges resulting from the COVID-19 pandemic during the past 18 months. (Dey/Ndiaye) The motion was put to the vote and declared carried. Cr Swivel was not present for the vote.. |
Cr Swivel left the Chambers at 5.07pm.
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Report No. 5.14 Northern Regional Planning Panel Membership File No: I2021/1966
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That Council: 1. Notes that the Northern Regional Planning Panel comprises three members appointed by the state plus two appointed by Council, and alternates for when they aren’t available. 2. Advertises immediately for two Council-appointed members and two alternates for the Panel, via Expressions of Interest by the end of February. 3. Thanks current Council-appointed members David Brown and Joe Vescio for their service to the Shire and asks them to continue in that role until new members are appointed, and encourage them to re-apply via the process above. 4. Receives a report in April or sooner on the EoI’s received and a Confidential assessment of them. 5. Notifies the Planning Panel Secretariat of the above. 6. Notes that, in selecting members, Council should have regard to any conflict of duties that would be created for a person nominated to the Panel if they are in any way responsible or involved in the assessment of matters to be determined by the Panel or involved in voting or deliberating on matters that come before the Panel. (Dey/Pugh) The motion was put to the vote and declared carried. Cr Swivel was not present for the vote. |
There being no further business the meeting concluded at 5.15pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 24 February 2022.
….…………………………
Mayor Michael Lyon