Minutes
Ordinary Meeting
Thursday, 25 August 2022
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
25 August 2022
The following items are listed in the order in which they were dealt with.
Report No. 11.1 Grants June/July 2022
Report No. 13.1 Lease to Byron Visitors Centre Incorporated
Report No. 13.2 Licence to RBA Holdings Pty Ltd
Report No. 13.4 Community Initiatives Program 2022-2023 Recommendations for Funding
Report No. 13.5 Council Investments - 1 June 2022 to 30 June 2022
Report No. 13.6 Carryovers for Inclusion in the 2022-2023 Budget
Report No. 13.9 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2022
Report No. 13.10 Council Investments - 1 July 2022 to 31 July 2022
Report No. 13.13 Popcar FY2021 report
Report No. 13.15 Resolution 22-332 - Animal Enforcement Resourcing
Report No. 13.19 PLANNING - Report of the Planning Review Committee held 4 August 2022
Report No. 14.3 Report of the Strategic Business Advisory Committee Meeting held on 30 June 2022
Report No. 14.4 Report of the Infrastructure Advisory Committee Meeting held on 16 June 2022
Report No. 14.5 Report of the Local Traffic Committee Meeting held on 14 July 2022
Notice of Motion No. 9.4 North Rail Corridor Utilisation
Notice of Motion No. 9.5 Western Rail Corridor Utilisation
Report No. 13.12 Affordable Housing - 57 Station Street, Mullumbimby
Notice of Motion No. 9.7 North Byron Parklands - Splendour in the Grass 2022
Report No. 13.11 PLANNING - 26.2021.3.1 150 Lismore Road, Bangalow Submissions Report
Report No. 13.16 Dogs in Public Spaces Strategy
Report No. 13.22 Mullumbimby Pool Feasibility Study
Report No. 13.17 Draft Federal Village Masterplan
Mayoral Minute No. 8.1 Community Awards Ceremony
Mayoral Minute No. 8.2 2022 Local Government NSW Conference Motions
Notice of Motion No. 9.1 High urban water charge
Notice of Motion No. 9.2 Let’s inform the Shire’s reading community
Notice of Motion No. 9.3 Topics for Councillor Workshops
Notice of Motion No. 9.6 Rifle Range Road Traffic Calming
Report No. 13.3 General Manager Delegation - Procurement
Report No. 16.1 CONFIDENTIAL - Insurance Update regarding Council Assets - February 2022 Flood Event
Report No. 13.7 Appointment of Replacement Community Members to Advisory Committees
Report No. 13.14 PLANNING - Use of zipline ancillary to a primitive camping ground
Report No. 13.20 Place Planning Collective Expression of Interest Candidate Selection
Report No. 13.21 PLANNING - Quarter 2 SEPP Variations April to June 2022
Report No. 14.2 Report of the Coastal and ICOLL Advisory Committee Meeting held on 30 June 2022
Question With Notice No. 15.1 Agendas for Councillor Workshops
Question With Notice No. 15.2 Biobanking for the Byron Bypass
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 25 August 2022
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 25 August 2022 COMMENCING AT 9.10AM AND CONCLUDING AT 5.09PM
I2022/1086
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr D Dey, Cr A Hunter, Cr S Ndiaye (left at 4.00pm), Cr A Pugh (left at 5.00pm), Cr M Swivel and Cr P Westheimer (part)
Staff: Mark Arnold (General Manager)
Esmeralda Davis (Acting Director Corporate and Community Services)
Phillip Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Heather Sills (Acting Manager Corporate Services) – Item 8.1
Cameron Clark (Manger Utilities) - Item 9.1
Phil Warner (Manger Assets and Major Projects) – Item 9.4
Sarah Nagel (Manager Public and Environmental Services) – Item 13.12
Amber Evans Crane (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:
Public Access
Report No. and Title |
For/ Against |
Name |
Representing Organisation |
Via |
|
9.4 |
North Rail Corridor Utilisation |
For |
Steve Back |
No |
In person |
Against |
Louise Doran |
No |
In person |
||
9.4 & 9.5 |
North Rail Corridor Utilisation and Western Rail Corridor Utilisation |
Against |
Christopher Sheridan |
No |
In person |
Nigel Kirwan |
No |
In person |
|||
9.7 |
North Byron Parklands - Splendour in the Grass 2022 |
For |
Kathy Norley |
South Golden Beach Community Organisation |
In person |
Against |
Elise Huntley |
Splendour in the Grass |
In person |
||
13.11 |
PLANNING - 26.2021.3.1 150 Lismore Road, Bangalow Submissions Report |
For |
Clyde Treadwell |
No |
In person |
|
Procedural Motion |
Resolved that Public Access be extended until 11.30am. (Lyon) The motion was put to the vote and declared carried. |
Report No. and Title |
For/ Against |
Name |
Representing Organisation |
Via |
|
13.12 |
Affordable Housing - 57 Station Street, Mullumbimby |
For |
Liz Collyer |
Landcom |
In person |
Nicole Woodrow |
Landcom |
In person |
|||
13.16 |
Dogs in Public Spaces Strategy |
Against |
Angela Dunlop |
South Golden Beach Community Association |
In person |
13.17 |
Draft Federal Village Masterplan |
For |
Alan Goldstein |
Federal Village Masterplan Steering Group |
In person |
13.18 |
PLANNING - 10.2021.291.2 - S4.55 to introduce Construction Staging of Development and for Minor Internal Changes to Floor Plans, Amendments to Roof Top Area and Introduction of Dual Key Apartments |
For |
Dominic Biancardi |
No |
In person |
13.22 |
Mullumbimby Pool Feasibility Study |
For |
Ralph Mamone |
No |
In person |
Cr Westheimer left the Chambers at 10:49am.
Question No. 1 Flooding
Louise Gordon asked the following question:
Michael Lyons statement to Marlene Crompton, a 3rd generation resident of Argyle Street Mullumbimby that “the worst you would see is a few mms extra, the modelling done says it will decrease flooding’ is extremely confusing and concerning. For your information Michael a few extra mms would have caused my home and many others to flood in February. Your two contradictory statements cause us to be concerned about their veracity. Sources please! So which is it Michael? That hundreds of truckloads of fill will increase flooding by a few ml or hundreds of truckloads of fill will decrease flooding. You can’t have it both ways.
The Mayor provided the following response:
I am happy to answer that publicly and I did email you yesterday with the answer to that. To answer it in this forum the Resilience Flood Impact statement, which we are yet to receive and which will, as I understand it… [Interjection] No, I haven't seen it, our staff haven’t seen it, we are yet to receive it. We've only been given what you've been given, which is the answer in the frequently answered questions section that was submitted to residents.
The advice from Resilience NSW is due to way that they have designed the site in a one in 100 year event the flooding to neighbouring properties would actually be reduced. That's their position. We haven't seen that Flood Impact Statement. We are likely to get that, I’m told within the next week. Our flood engineers will analyse that and make their own assessment and provide that to the community along with the Flood Impact Statement.
The second statement, where I said “the worst you would see” is based on a simple layman's observation. Which is that it is clear to me that if you simply have a flood of area and you ‘plonk’ a block into that area you will raise the water elsewhere. That's an observation that I'm making and I agree there would be some impact from the works; though I am basing my opinion, and it is just layman opinion and I made that clear.
When we looked at the Lot 22 site which was a massive theoretical development and the study there showed that it would impact neighbouring properties by a couple of millimetres. To be clear that is just my opinion; that if nothing else changed and you did ‘plonk’ a block into a large floodplain there would have to be some impact on neighbouring properties. The source is just my common sense approach to it, but I've been very clear that there is a risk there. Given the situation we have with people in desperate need of emergency housing and the lack of options available, that is a risk that certainly I think is worth taking for the benefit of keeping our community connected to their community.
But I think the most important thing is to not rely on me. Wait until we get that Flood Impact Statement, let’s have a look at that and let's analyse that and we'll go from there.
Submissions
Subject |
Name |
Representing Organisation |
Submission Received in form of |
Temporary Flood and Permanent Housing |
John Lazarus |
Byron Neighbourhood Resource Centre |
Read by staff |
The meeting adjourned at 11.18am for a break and reconvened at 11.48am.
Cr Westheimer did not return at this time.
|
Procedural Motion |
Resolved that the apology from Cr Coorey be accepted. (Lyon/Ndiaye) The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
Applications to Attend by Audio-Visual Link
There were no requests to attend by audio-visual link.
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
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
General Manager
Report No. 13.3 General Manager Delegation - Procurement
Corporate and Community Services
Report No. 13.7 Appointment of Replacement Community Members to Advisory Committees
Report No. 13.8 Delivery Program 6-monthly Report and Operational Plan 2021/22 Quarter 4 Report - to 30 June 2022
Sustainable Environment and Economy
Report No. 13.11 PLANNING - 26.2021.3.1 150 Lismore Road, Bangalow Submissions Report
Report No. 13.12 Affordable Housing - 57 Station Street, Mullumbimby
Report No. 13.14 PLANNING - Use of zipline ancillary to a primitive camping ground
Report No. 13.16 Dogs in Public Spaces Strategy
Report No. 13.17 Draft Federal Village Masterplan
Report No. 13.20 Place Planning Collective Expression of Interest Candidate Selection
Report No. 13.21 PLANNING - Quarter 2 SEPP Variations April to June 2022
Infrastructure Services
Report No. 13.22 Mullumbimby Pool Feasibility Study
Reports of Committees
Corporate and Community Services
Report No. 14.1 Report of the Arts and Creative Industries Advisory Committee Meeting held on 30 June 2022
Sustainable Environment and Economy
Report No. 14.2 Report of the Coastal and ICOLL Advisory Committee Meeting held on 30 June 2022
Corporate and Community Services
Report No. 16.1 Confidential - Insurance Update regarding Council Assets - February 2022 Flood Event
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. 22-386 and concluding with Resolution No. 22-407.
Staff Reports - General Manager
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
Reports of Committees - Sustainable Environment and Economy
Reports of Committees - Infrastructure Services
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 9.4, 9.5, 13.12, 9.7, 13.11, 13.16, 13.17, 13.22 next on the Agenda. (Lyon/Hunter) The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
Notices of Motion
|
Procedural MotionS |
Resolved that Cr Pugh be granted a two minute extension to his speech. (Lyon/Ndiaye) The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
Cr Westheimer returned to the meeting via audio-visual link at 12.15PM.
Resolved that Cr Lyon be granted a two minute extension to his speech. (Lyon/Pugh) The motion was put to the vote and declared carried. |
The motion (Pugh/Lyon) was put to the vote and declared carried.
Cr Westheimer voted against the motion.
|
Notice of Motion No. 9.5 Western Rail Corridor Utilisation File No: I2022/1012
|
1. Notes the previous unanimous support of council for the utilisation of the Rail Corridor through Bangalow from Rifle Range Road for bike and pedestrian travel 2. Receives a report on the rail corridor from Bangalow station through to Binna Burra: a) Identifying known constraints of a trail beside the rail for the length of this section b) Detailing any offers or interest received from commercial or other operators to reinstate a form of rail transport in this section c) Provide a cost estimate for implementing and maintaining annually a bike and pedestrian track along the rail corridor: i. from the Bangalow Station to Rifle Range Road ii. from the Bangalow Station to the Bangalow Industrial Estate iii. from the Bangalow Station to Binna Burra d) Detailing any benefits to the community of building a bike and pedestrian track as above (Pugh/Lyon) The motion was put to the vote and declared carried. Cr Westheimer voted against the motion. |
Cr Westheimer left the meeting and did not return.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.12 Affordable Housing - 57 Station Street, Mullumbimby File No: I2022/551
|
1. That Council delegates authority to the General Manager to run the tender process and documentation as described in this report, and to bring a report to Council to endorse the recommendations of the tender evaluation. 2. That Council notes that updates on the project will be discussed with Councillors at quarterly workshops by the Community Housing Provider. 3. That Council appoints the following staff to the Tender Evaluation Committee: Director Sustainable Environment and Economy and (Acting) Director Corporate and Community Services. 4. That Council: a) requests staff develop a web landing page for the project to deliver regular updates to the community about the project progression b) assures the community that there will be regular consultation at relevant stages in the project (Balson/Ndiaye) |
|
Procedural MotionS |
Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
Nicole Woodrow from Landcom was invited by Council to answer some questions relating to this item.
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon) The motion was put to the vote and declared carried Cr Westheimer was not present for the vote. |
Resolved that Cr Ndiaye be granted a two minute extension to her speech. (Lyon) The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
The motion (Balson/Ndiaye) was put to the vote and declared carried.
Cr Westheimer was not present for the vote.
The meeting adjourned at 1.47pm for a lunch break and reconvened at 2.40pm.
Notices of Motion
|
Notice of Motion No. 9.7 North Byron Parklands - Splendour in the Grass 2022 File No: I2022/1014
|
|
Due the absence of Cr Coorey this item was deferred to the 8 September 2022 Planning Council Meeting. |
Staff Reports - Sustainable Environment and Economy
Cr Ndiaye left the Chambers.
FORSHADOWED MOTION
|
Procedural MotionS |
Resolved that this matter rest on the table. (Dey/Lyon) The motion was put to the vote and declared carried Crs Westheimer and Ndiaye were not present for the vote. |
Cr Ndiaye returned to the Chambers.
Resolved that Report No. 13.11 be lifted from the table. (Lyon) The motion was put to the vote and declared carried Cr Westheimer was not present for the vote. |
The motion (Pugh/Hunter) was put to the vote and declared carried.
Crs Swivel, Ndiaye, Lyon, Balson, Pugh and Hunter voted in favour of the motion.
Cr Dey voted against the motion.
Cr Westheimer was not present for the vote
AMENDMENT:
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.22 and 14.1 next on the Agenda. (Ndiaye/Lyon) The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
Staff Reports – Infrastructure services
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Lyon/Dey) The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
The motion (Ndiaye/ Hunter) was put to the vote and declared carried.
Cr Westheimer was not present for the vote
Reports of Committees - Corporate and Community Services
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a one minute extension to her speech. The motion was put to the vote and declared carried. Cr Westheimer was not present for the vote. |
The motions (22-424 to 22-427) were put to the vote and declared carried.
Cr Westheimer was not present for the vote.
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Cr Swivel granted a two minute extension to his speech. (Swivel/Lyon) The motion was put to the vote and declared carried Cr Westheimer was not present for the vote. |
The motion (Swivel/Balson) was put to the vote and declared carried.
Cr Westheimer was not present for the vote.
Cr Ndiaye left the Chambers at 4:00 Pm.
|
Procedural MotionS |
Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and declared carried. Crs Westheimer and Ndiaye were not present for the vote. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon) The motion was put to the vote and declared carried. Crs Westheimer and Ndiaye were not present for the vote. |
The motion (Lyon/Balson) was put to the vote and declared carried.
Cr Hunter voted against the motion.
Crs Westheimer and Ndiaye were not present for the vote.
The motion fell away for want
of a seconder.
|
Procedural Motion |
Resolved that Council move into Committee to allow for free debate. (Balson/Dey) The motion was put to the vote and declared carried. Crs Pugh and Hunter voted against the motion. Crs Westheimer and Ndiaye were not present for the vote. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon) The motion was put to the vote and declared carried Crs Westheimer and Ndiaye were not present for the vote. |
The motion (Dey) fell away for want of a seconder.
|
Notice of Motion No. 9.3 Topics for Councillor Workshops File No: I2022/1006
|
Resolved that Council add to the Agenda of each monthly Councillor Workshop an item with a rolling list of topics anticipated for future Workshops, so that Councillors can be consulted on what topics are presented at subsequent Workshops and when. (Dey/Pugh) The motion was put to the vote and declared carried. |
There were no petitions.
Staff Reports - General Manager
Cr Pugh left the Chambers at 5.00pm.
|
Procedural Motion |
Resolved that Council deal with Report 16.1 next and defer the remainder of the items. (Lyon) The motion was put to the vote and declared carried. |
Confidential Reports - Corporate and Community Services
DEFERRED ITEMS
|
Report No. 13.7 Appointment of Replacement Community Members to Advisory Committees File No: I2022/928
|
|
This item was deferred to the 22 September Ordinary Meeting. |
|
Report No. 13.8 Delivery Program 6-monthly Report and Operational Plan 2021/22 Quarter 4 Report - to 30 June 2022 File No: I2022/940
|
|
This item was deferred to the 22 September Ordinary Meeting.
|
|
Report No. 13.14 PLANNING - Use of zipline ancillary to a primitive camping ground File No: I2022/684
|
|
|
Report No. 13.20 Place Planning Collective Expression of Interest Candidate Selection File No: I2022/872
|
|
|
Report No. 13.21 PLANNING - Quarter 2 SEPP Variations April to June 2022 File No: I2022/903
|
|
|
Report No. 14.2 Report of the Coastal and ICOLL Advisory Committee Meeting held on 30 June 2022 File No: I2022/845
|
|
This item was deferred to the 22 September Ordinary Meeting.
|
|
Question With Notice No. 15.1 Agendas for Councillor Workshops File No: I2022/1007
|
|
Cr Dey asks the following question: Agendas for our monthly Councillor Workshops are marked as Confidential. Confidentiality is a necessary step on occasions where for example exposure could lead to harm to individuals (physical, reputational, or other) or to organisations, or where financial secrecy could be advantageous to Council. Recent agendas contained many topics that were quite innocuous. Confidentiality limits me to not list them. 1. by what assessment process is the whole Agenda for Councillor Workshops deemed Confidential? 2. could this approach be relaxed so that the public get to know what Councillors know, at least by topic if not by actual content? Response Director Corporate and Community Services: Councillor Workshops are established by the Code of Meeting Practice, set out in clauses 3.29-3.33: 3.29 Prior to each ordinary meeting of the council, the general manager may arrange a Councillor Workshop to brief Councillors on business to be considered at the meeting. Councillor Workshop may also be held for planning meetings and for extraordinary meetings of the council and meetings of committees of the council. 3.30 Councillor Workshops are to be held in the absence of the public. 3.31 The Mayor or in the absence of the Mayor, a Councillor appointed by those Councillors present, is to preside at Councillor Workshops. 3.32 Councillors must not use Councillor Workshop to make preliminary decisions on items of business they are being briefed on. Decision-making must be left to the formal council or committee meeting at which the item of business is to be considered. 3.33 Councillors (including the mayor) must declare and manage any conflicts of interest they may have in relation to any item of business that is the subject of a briefing at a Councillor Workshop, in the same way that they are required to do so at a council or committee meeting. The council is to maintain a written record of all conflict of interest declarations made at Councillor Workshops and how the conflict of interest was managed by the Councillor who made the declaration. 1. by what assessment process is the whole Agenda for Councillor Workshops deemed Confidential? A Councillor Workshop agenda is prepared for information and for the convenience of Councillors. Where possible, Councillors are provided with the background information in advance of the meeting to facilitate discussion. The agenda is not required or prepared for public consumption, such that it is for a workshop “to be held in the absence of the public.” That the meeting is “held in the absence of the public” infers that the whole of the workshop including workshop agenda and papers are absent the public. It would be contrary to the intent and spirit of the Code of Meeting Practice if any actions were taken to open any part of the workshop to the public. Confidentiality applies to the discussion of confidential information during the workshop, per the Code of Conduct: 8.11 g) not disclose any confidential information discussed during a confidential session of a council or committee meeting or any other confidential forum (such as, but not limited to, workshops or briefing sessions). 2. could this approach be relaxed so that the public get to know what Councillors know, at least by topic if not by actual content? The approach could not be relaxed unless and until the Code of Meeting Practice is amended.
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There being no further business the meeting concluded at 5.09pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 29 September 2022.
….…………………………
Mayor Michael Lyon