Minutes
Ordinary Meeting
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BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
24 March 2022
The following items are listed in the order in which they were dealt with.
Report No. 11.1 Grants February 2022
Report No. 13.5 Council Investments - 1 February 2022 to 28 February 2022.
Report No. 13.6 Financial Assistance - Feb/March 2022 Flood Event
Report No. 13.7 Community Initiatives Program - Policy Update
Report No. 13.8 Compliance Priorities Program Report 2021
Report No. 14.1 Report of the Local Traffic Committee Meeting held on 15 February 2022
Notice of Motion No. 9.1 Fine for lilac colour of dwelling in Mullumbimby
Report No. 13.1 Adoption of Code of Meeting Practice
Report No. 13.2 National General Assembly of Local Government 2022
Report No. 13.3 Appointment of Community Members to Section 355 Committees and Boards
Report No. 13.4 Appointment of Community Representatives to Advisory Committees
Report No. 13.9 Byron Triathlon - Cycle Leg Route Options
Report No. 13.10 Vallances Road & Natural Burial Ground - Update
No. 14.1.7.1 Speed Zone Reviews
No. 1 Byron Shire Mayoral Flood Recovery Appeal Fund
No. 1 Byron Shire Mayoral Flood Recovery Appeal Fund
No. 2 Thank you to staff and community
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 24 March 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 24 March 2022 COMMENCING AT 9:08 AND CONCLUDING AT 3.15PM
I2022/224
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr S Ndiaye and Cr P Westheimer
VIRTUAL: Cr A Hunter, Cr A Pugh, and Cr M Swivel
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)
Cameron Clark (Manager Utilities) – item 13.10
Josh Winter (Capital Works Engineer) – item 13.10
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.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Question No. 1 - Emergency Management Plan
Melissa Misuraca submitted the following question which was read by staff:
The Emergency Management Plan on the council website is 29 pages long. A comparison with other Council plans show their plan to be over 100 pages with much more detail eg. Ballarat City Council. My question is - will the Emergency Management Plan be audited by an external party in the light of the recent Floods?
The Director of Infrastructure Services provided the following response:
The Tweed Byron Local Emergency Management Plan (LEMP) is a document that has been prepared by the Tweed Byron Local Emergency Management Committee under the Emergency and Rescue Management Act 1989.
It was adopted in August 2019 and gets reviewed every three years. It is due for review this year. The outward looking document which is on the website is an abridged version – the full plan which is 69 pages has operational and sensitive information that is pertinent to police operations, phone numbers, addresses of individuals and memberships and the like.
The other document which supports the LEMP is the Tweed Byron Local Recovery Plan. That’s a document of 100 pages which sets out the framework for the recovery phase of any natural disaster event and how we deal with that.
In terms of the comment in relation to Ballarat City Council, bear in mind that it is a different Council in a different state under a different legislation. So our current plan is in accordance with current NSW legislation and has been approved that way.
Question No. 2 – Strategic Planning Workshop
John Anderson submitted the following question which was
read by staff:
As the most penetrating voice during the last Council election campaign and
as a practising lawyer (who presumably understands the principle of the
"separation of powers"- a concept that underlines the workings of the
West's democratic political systems) how do you intellectually deal with
participating in a meeting described as the strategic planning workshop,
the proceedings of which are all but secret and rarely have anything to do with
strategic planning, but which arrives at "consensus" positions after
uncontrolled and unrestricted interactions between elected councillors and
unelected staff, resulting then in exhibition for public comment, by which time
the relevant minds have clearly already been made up.
Cr Swivel provided the following response:
Local government is a creature of state government. Its limited role and powers are set out in an act of state parliament which could be repealed today. We deal here in Council with the practical management of community. The separation of powers is about the independence of the judiciary from the legislative arm of government - parliament - and executive arm - ministries and departments - plus the traditional independence of the public service.
The battles of our Council in court, often unsuccessful, demonstrate the independence of our judiciary from local government. At every level the independence of the executive and legislature is qualified because those who make decisions or rules also apply them including here.
As for the Community Strategic Plan that is an obligation for each Council set by the state government and is strongly informed by formal community consultation and public disclosure, feedback and amendment. I have reservations about the way the policies of Councillors are incorporated in the strategic planning process and I think our strategic planning should be more sharply informed by objectives and targets. We can improve all that.
My concern now is that we enact a strong, urgent response to the natural disaster of the recent floods. We need action on temporary accommodation, on our future emergency responses, our local transport networks, our telecommunications, on the financial support provided to people who have lost so much. We need a clearer action plan that is communicated to our community. We have met as Councillors - belatedly - and have not - or not yet - produced a formal, public action plan.
Councillors should be independent in thought and action - always. But teamwork and respect for each other - even when we disagree - is what will deliver for our community. Invoking the separation of powers achieves nothing. We should work together rather than imagining there is a fundamental antagonism between the elected and employed dimensions of this council. John, we have so much work to do.
There were no apologies.
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
Under section 440AAB of the Local Government Act 1993 and in accordance with clause 4.19 of the Code of Conduct for Staff, a First Return of Interests is tabled for Andrew Fitzgibbon, Place Planning Coordinator.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the 24 February Ordinary Meeting be confirmed. (Lyon/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
General Manager
Report No. 13.1 Adoption of Code of Meeting Practice
Corporate and Community Services
Report No. 13.2 National General Assembly of Local Government 2022
Report No. 13.3 Appointment of Community Members to Section 355 Committees and Boards
Report No. 13.4 Appointment of Community Representatives to Advisory Committees
Infrastructure Services
Report No. 13.9 Byron Triathlon - Cycle Leg Route Options
Report No. 13.10 Vallances Road & Natural Burial Ground - Update
REPORTS OF COMMITTEES
14.1.7.1 Speed Zone Reviews
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Ndiaye. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 22-074 and concluding with Resolution No. 22-088.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
Reports of Committees - Infrastructure Services
Resolved that Council adopts the following committee recommendations: Report No. 6.4 Event - Chincogan Walk and Charge 2022 File No: I2022/69
Committee Recommendation 6.4.1 1. That Council support the Chincogan Walk 2022 to be held on a day (as approved by asset owner) in March / April 2022 and Chincogan Charge 2022 to be held on Saturday 17 September 2022, between 8:00am and 5:30pm. 2. That Council support in Part 1 is subject to: a) Traffic Guidance Scheme(s) and a Traffic Management Plan (TMP) being designed by those with the appropriate and relevant NSW (TfNSW) accreditation. The TGS(s) and TMP to include the closure of Dalley Street between Burringbar Street and Tincogan Street between 12.30pm-5.30pm; b) The TGS to be generally in accordance with Attachment 1 (E2020/46680); c) Implementation of the approved Traffic Management Plan and Traffic Guidance Scheme/s by those with appropriate TfNSW accreditation and the holding of current and appropriate levels of insurance and liability cover; d) Separate approvals by NSW Police and TfNSW being obtained; e) The March/April event date when specified is supported by staff prior to proceeding. f) Any concerns expressed by members of the public to be addressed by council or relevant authority before the event;
3. The event organiser at to: a) Advertise the impact of the event, via a Variable Message Sign on site and 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; b) Arrange for the event to be notified on Council’s webpage a minimum one week prior to the TGS being implemented; c) Undertake consultation with affected community and businesses including adequate response/action to any raised concerns. d) Undertake consultation with emergency services and any identified issues addressed. e) Holding $20m public liability insurance cover which is valid for the event. f) Paying Council’s Road Event Application Fee prior to the event. (Lyon/Ndiaye) |
Resolved that Council adopts the following committee recommendations: Report No. 6.8 Brunswick Heads - Parking Limit Review File No: I2022/103
Committee Recommendation 6.8.1 That the Local Traffic Committee endorse the following parked time amendments to Attachment 1 (E2021/50167) as part of the Brunswick Heads Parking Limit Review: a) Mullumbimbi Street (Tweed to Park – northern side only); remain all day parking b) Fingal Street (Tweed to 25 Fingal); remain all day parking c) South Beach Road (full length); all day parking (western side only), 4 hours parking (beach side), Torkina Carpark 4 hours (Lyon/Ndiaye) |
Confidential Reports - Infrastructure Services
There was no Mayoral Minute.
There were no petitions.
There were no delegates reports.
Staff Reports - General Manager
AMENDMENT
The amendment was put to the vote and declared carried.
Crs Dey and Ndiaye voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Staff Reports - Corporate and Community Services
Resolved that Council move into Committee to allow for free debate. (Lyon/Balson) The motion was put to the vote and declared carried. |
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Procedural MotionS |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon/Westheimer) The motion was put to the vote and declared carried. |
Resolved that the meeting move out of confidential session. (Lyon/Dey) The motion was put to the vote and declared carried. |
The motion (Lyon/Ndiaye) was put to the vote and declared carried.
Resolved that Council move into Committee to allow for free debate. (Dey/Lyon) The motion was put to the vote and declared carried. |
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Report No. 13.4 Appointment of Community Representatives to Advisory Committees File No: I2022/200
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1. That the following community representatives be appointed to each respective Advisory Committee for the 2022-2024 term ie until new appointments are made (expected late 2024 or early 2025): a) that Council appoints eight community representatives to the Arts and Creative Industries Advisory Committee: Bronwyn Bancroft, Jane Fuller, Lou Hodgson, Samantha Moss, Jack Dods (alternate: Denise Napier), Gwenyth Broug, Laurel Cohn, and Lisa Cowan b) that in relation to the Audit Risk and Improvement Committee: i) Council appoints Michael Georghiou and Bernard Grinberg; ii) Continues to seek a third community member by way of another expression of interest process (EOI); and iii) continues to hold the first scheduled meeting on 19 May 2022 with the two appointees, if a third member has not been selected by then. Quorum will be achieved if all members attend. c) that the following nominees be appointed to the Biodiversity Advisory Committee: i) Brunswick Valley Landcare representative, Dave Rawlins; ii) Five community representatives: Liana Joseph, Lindsay Murray, Martin Brook, James Jackson, Stephen Millard. d) that the following nominees be appointed to the Climate Change & Resource Recovery Advisory Committee: i) Zero Emissions Byron representative, Katrina Shields; ii) five community representatives: Luke McConnell, Bronwyn Elliott, Fleur Brown, John Taberner, and Madeleine Green; iii) that Resilient Byron and Community Owned Renewable Energy Mullumbimby (COREM) be given another opportunity to nominate a representative to the CC&RR Advisory Committee. e) that the following nominees be appointed to the Coast & ICOLL Advisory Committee: Dailan Pugh, Tom Vidal, Dane Marx, Jan Olley, Andrew Hall, and Dylan Laicher. f) that the following nominees be appointed to the Floodplain Management Advisory Committee: Rebecca Brewin, Matthew Lambourne, Karl Allen, and Steven Harris. g) that the following nominees be appointed to the Heritage Advisory Committee: i) That Chris Cooney be appointed as the representative of Brunswick Valley Historical Society ii) That Vivienne Gorec be appointed as the representative of Bangalow Historical Society iii) That Jan Hackett, Gae Laverty, and Brooke Crowle be appointed as community representatives iv) That Council writes to the Mullumbimby Historical Society, Byron Bay Historical Society, the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal), and the Tweed Byron Local Aboriginal Council seeking nominations for the Heritage Advisory Committee h) that the following nominees be appointed to the Infrastructure Advisory Committee: Gareth James, Anthony Pangallo, Kellie Obrien, Genevieve Lee, and Andrew Winton-Brown i) that the following nominees be appointed to the Moving Byron Advisory Committee: Annie Villeseche, Jack Dods, Basil Cameron, Ian Pickles, Margaret Robertson, and Geoffrey Meers j) that the following nominees be appointed to the Water & Sewer Advisory Committee: Ben Fawcett, David Fligelman, Elia Hauge, and Kathryn McConnochie.
2. That the above community representatives be: a) advised of their appointment to the Advisory Committee; b) asked to complete induction, Code of Conduct, and confidentiality requirements.
3. That unsuccessful nominees be thanked for applying and advised of outcomes for that Committee. (Dey/Westheimer) |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon/Hunter) The motion was put to the vote and declared carried. |
Resolved that the meeting move out of confidential session. (Lyon/Balson) The motion was put to the vote and declared carried. |
The motion (Dey/Westheimer) was put to the vote and declared carried.
The meeting adjourned at 11.40am and reconvened at 12.04pm.
Staff Reports - Infrastructure Services
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Procedural MotionS |
Resolved that Cr Lyon be granted a two minute extension to his speech. (Westheimer) The motion was put to the vote and declared carried. Cr Hunter was not present for the vote. |
Resolved that this matter rest on the table. (Lyon) The motion was put to the vote and declared carried. Cr Hunter was not present for the vote. |
The meeting adjourned at 12.52pm for a lunch break and reconvened at 2.00pm.
Cr Hunter did not return at this time.
Resolved that Report No. 13.10 be lifted from the table. (Lyon) The motion was put to the vote and declared carried. |
The motion (Swivel/Lyon)was put to the vote and declared carried.
Cr Ndiaye voted against the motion.
Crs Hunter and Coorey were not present for the vote.
Reports of Committees - Infrastructure Services
Urgency Motions
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No. 1 Matter of Urgency - Byron Shire Mayoral Flood Recovery Appeal Fund
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Resolved that the matter of “Byron Shire Mayoral Flood Recovery Appeal Fund” be considered at the meeting. (Swivel/Balson) The motion was put to the vote and declared carried. The Chairperson ruled the matter “Byron Shire Mayoral Flood Recovery Appeal Fund” a matter of great urgency requiring a decision before the next meeting of Council. |
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1. That the Council establish a Byron Shire Mayoral Flood Recovery Appeal Fund.
2. That the Fund be overseen by a Committee of 3 made up of the General Manager, the Mayor and an eminent community member.
3. That the Fund be used only to fund the activities of organisations already engaged in the Flood Recovery effort for the purpose of recovery and longer-term mitigation of flood risks.
4. That short terms of reference for the Fund be developed within 7 days by 2 Councillors chosen by the Councillors working with the Head of Legal Services (which will included a costed target for the fund).
5. That the Committee report to Council on its allocation of funds each week by providing an update to the database of grants made over time. (Swivel/Balson)
The motion was put to the vote and declared carried. Crs Lyon and Westheimer voted against the motion. Cr Hunter was not present for the vote. |
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Procedural Motion |
Resolved that the vote on Resolution No. 22-108 be recommitted. (Lyon/Ndiaye) The motion was put to the vote and declared carried. Cr Hunter was not present for the vote. |
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No. 1 Matter of Urgency - Byron Shire Mayoral Flood Recovery Appeal Fund
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1. That the Council establish a Byron Shire Mayoral Flood Recovery Appeal Fund.
2. That the Fund be overseen by a Committee of 3 made up of the General Manager, the Mayor and an eminent community member.
3. That the Fund be used only to fund the activities of organisations already engaged in the Flood Recovery effort for the purpose of recovery and longer-term mitigation of flood risks.
4. That short terms of reference for the Fund be developed within 7 days by Councillors Swivel, Lyon, and Balson working with Legal Counsel (which will include a costed target for the fund).
5. That the Committee report to Council on its allocation of funds each week by providing an update to the database of grants made over time. (Swivel/Balson)
The motion was put to the vote and declared carried. Cr Hunter was not present for the vote. |
Cr Hunter returned to the meeting.
22-112 |
1. Council acknowledges the immense impact that the climate change fuelled flooding of late February has caused ours and neighbouring communities. Some people have lost their lives. This impact continues to be felt by many people, including those that have suffered damage to their homes, lost their homes and businesses and having their transport and communications options cut. The suffering is huge and will be long felt by many in the community right across the Northern Rivers.
2. Council applauds the extraordinary response of the community to the emergency in saving lives and property. The efforts in leading the recovery by many parts of the community have been extraordinary. We are acutely aware that important lessons need to be learned from this experience at every level of government and across all agencies.
3. Council recognises the effort that all Council staff have made over the past weeks to support our community through the devastation of the emergency flood response and the beginnings of the recovery. Council recognises the difficulty that staff faced in delivering services and engaging with each other and the community with such widespread destruction and intermittent or non-existent communication. Council recognises the personal impact that this disaster has also had on many staff. Council sincerely thanks all staff for their work right across the organisation.
4. A report be provided to council with options for holding an appropriate thank you and recognition day in the future to bring the community together and acknowledge the community effort in the emergency response and the recovery effort.
5. That point 3 of this motion be communicated to all staff by the General Manager. |
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Procedural Motion |
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Lyon) The motion was put to the vote and declared carried. |
The motion (Pugh/Ndiaye) was put to the vote and declared carried.
There being no further business the meeting concluded at 3.15pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 28 April 2022.
….…………………………
Mayor Michael Lyon