Minutes of Ordinary Meeting - Thursday, 29 September 2022

BYRON SHIRE COUNCIL

Ordinary Meeting Minutes 29 September 2022

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 29 September 2022 COMMENCING AT 9.06AM AND CONCLUDING AT 4.38PM.

I2022/1298

PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr A Hunter, Cr S Ndiaye [Via Audio-Visual Link], Cr A Pugh, Cr M Swivel and Cr P Westheimer

Staff: Mark Arnold (General Manager)

Esmeralda Davis (Acting Director Corporate and Community Services)

Phil Holloway (Director Infrastructure Services)

Shannon Burt (Director Sustainable Environment and Economy)

Ralph James (Legal Counsel)

Shannon McKelvey (Executive Officer) – Item 13.14

Claire McGarry (Place Manager) – Item 13.15

James Flockton (Infrastructure Planning Coordinator) – item 13.17

Heather Sills/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.

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 Organisation	Via
13.3	Council lease to Catholic Healthcare Ltd proposed Lot 50 in unregistered plan of subdivision (presently part Lot 188 DP 728535)	Against	Caroline Bass	Mullumbimby Hospital Action Group	In person
13.3		Against	Gill Lomath	Mullumbimby Hospital Action Group	In person
13.14	Request to use Dening Park by Byron Music Festival (part of Crown Reserve 82000)	Against	Nick Sergi	Byron Music Festival	In person
13.14		Against	Nino Haggith	Self	Read by staff
13.15	PLANNING - DA10.2021.827.1 - Byron Bay Community Market	For	Kate Hardman	Byron Community Centre	In person
			Steve Trembath	Byron Community Market	In person
			Brent Wayling	Byron Markets Stallholders Committee	In person

Procedural Motion

22-473

Resolved that Public Access be extended. (Lyon/Hunter)

The motion was put to the vote and declared carried unanimously.

Report No and Title

Name

For/

Against

Representing Organisation

Via

13.16

Butler Street Reserve Contamination Investigation

For

Paul Anthony Jones

Self

In person

The meeting adjourned at 10.25am for a short break and reconvened at 10.53am.

Apologies

There were no apologies.

Applications to Attend by Audio-Visual Link

Procedural MotionS

22-474

Resolved that Cr Balson’s request to attend Council meetings by audio visual link is approved for the following meetings:

· 13 October 2022-Planning

· 27 October 2022-Ordinary

· 10 November 2022-Planning

· 24 November 2022-Ordinary

· 8 December 2022-Planning

· 15 December 2022-Ordinary

· Any Extraordinary meeting which may be called during the months of October, November, and December 2022

due to Cr Balson’s temporary relocation out of the Shire brought about by this flood related housing issues. (Lyon/Ndiaye)

The motion was put to the vote and declared carried unanimously.

22-475

Resolved that Cr Ndiaye be permitted to attend the meeting held on 29 September 2022 by audio-visual link due to prearranged travel commitments. (Lyon/Westheimer)

The motion was put to the vote and declared carried unanimously.

Report No. 13.18 Proposed Extenuating Circumstances - Johnstons Lane Bridge Construction

File No: I2022/1276

22-487

Resolved:

1. That pursuant to Section 55 (3) of the Local Government Act 1993, Council not proceed to invite tenders due to extenuating circumstances and the unavailability of competitive tenderers which apply to the “Johnstons Lane Bridge Installation” such that a satisfactory result would not be achieved by inviting tenders for the following reasons:

i) It is considered more of a benefit to the community and the environment to complete the works without the tender process, than to risk not completing the proposed work as soon as possible.

ii) Recent Request for Quotation for these bridge works resulted in only one price submission from Quickway Constructions after inviting 8 suppliers to provide a submission.

iii) Recent competitive Invitation to Tender for Contract 2021-0030 – Fixing Country Bridges resulted in Council accepting the lowest price submission from Quickway Constructions

2. That Council delegates authority to the General Manager to negotiate agreement with Quickway Constructions to complete the Proposed Works. (Lyon/Hunter)

Reports of Committees – Corporate and Community Services

Report No. 14.1 Report of the Finance Advisory Committee Meeting held on 18 August 2022

File No: I2022/1098

22-488

Resolved that Council notes the minutes of the Finance Advisory Committee Meeting held on 18 August 2022. (Lyon/Hunter)

22-489

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.1 Budget Review - 1 April to 30 June 2022

File No: I2022/990

Committee Recommendation 4.1.1

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2022/77197) which includes the following results in the 30 June 2022 Quarterly Review of the 2021/2022 Budget:

a) General Fund - $126,500 decrease in Unrestricted Cash Result

b) General Fund - $27,657,600 increase in reserves

c) Water Fund - $4,366,600 increase in reserves

d) Sewerage Fund - $8,070,200 increase in reserves.

2. That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $0 for the 2021/2022 financial year. (Lyon/Hunter)

22-490

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.2 Carryovers for inclusion in the 2022-2023 Budget

File No: I2022/1032

Committee Recommendation 4.2.1

That the Committee recommends Council approves the works and services (with respective funding) shown in Attachment 1 (#E2022/76668) to be carried over from the 2021/2022 financial year and that the carryover budget allocations be adopted as budget revotes for inclusion in the 2022/2023 Budget Estimates. (Lyon/Hunter)

Reports of Committees – Sustainable Environment and Economy

Report No. 14.4 Report of the Housing and Affordability Advisory Committee Meeting held on 18 August 2022

File No: I2022/1187

22-491

Resolved that Council notes the minutes of the Housing and Affordability Advisory Committee Meeting held on 18 August 2022. (Lyon/Hunter)

22-492

Resolved that Council adopts the Committee Recommendation as follows:

Report No. 3.1 Review Constitution of Housing and Affordability Advisory Committee

File No: I2022/936

Committee Recommendation 3.1.1

That Housing and Affordability Advisory Committee recommends to Council to adopt the draft constitution at Attachment 1 #E2022/3414 (Lyon/Hunter)

22-493

Resolved that Council adopts the Committee Recommendation as follows:

Report No. 3.2 Presentation by Mike Myers

File No: I2022/915

Committee Recommendation 3.2.1

That the Housing and Affordability Advisory Committee notes the report and presentation provided by Mike Myers. (Lyon/Hunter)

22-494

Resolved that Council adopts the Committee Recommendations as follows:

Report No. 3.3 Byron Shire Housing Forum

File No: I2022/944

Committee Recommendation 3.3.1

That the Housing and Affordability Advisory Committee notes:

1. The key findings and outcomes of the Byron Housing Summit as summarised in this report and as below:

a) The community to articulate what it wants and how to get there, with importance of self-defined measures of success.

b) A desire to build on existing social capital as we adapt and respond.

c) A preference to nurture a housing industry that embraces alternative tenure and living options with a cooperative focus.

d) A promotion of the mosaic of communities as places which are to be respected, with room to dabble and explore.

e) Participants warmed to the idea of a demonstration village exemplifying diverse & affordable housing that is Byron friendly.

f) The underpinning of a respect of Bundjalung Country and First Nation Peoples and therefore Aboriginal housing to be prioritised.

2. That staff will consider the key findings and outcomes of the Byron Housing Summit in future strategy, plan, policy and project work.

3. There are numerous housing initiatives and projects currently being progressed by staff in response to multiple resolutions of Council about local housing need and the housing crisis as actions adopted in the current Delivery Program 2022-2026 and Operational Plan 2022-2023 (Lyon/Hunter)

22-495

Resolved that Council adopts the Committee Recommendation as follows:

Report No. 3.4 Delivery Program - Workshop Session

File No: I2022/937

Committee Recommendation 3.4.1

That the Housing and Affordability Advisory Committee notes the presentation on the Delivery Program 2022-26. (Lyon/Hunter)

Reports of Committees - Infrastructure Services

Report No. 14.5 Report of the Water and Sewer Advisory Committee Meeting held on 18 August 2022

File No: I2022/1095

22-496

Resolved that Council notes the minutes of the Water and Sewer Advisory Committee Meeting held on 18 August 2022. (Lyon/Hunter)

22-497

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.1 Committee Constitution

File No: I2022/957

Committee Recommendation 4.1.1

That Council adopt the constitution E2021/148692 with the following amendments

Section 2 Purpose:

The purpose of the Committee is to:

a) develop policies and programs that address the water and sewer needs and aspirations of the Shire’s populations in a resilient and ecologically sustainable way.

b) develop strategies and advise on projects that minimise the environmental impacts (i) of extracting water, (ii) of returning sewage to receiving environments, and (iii) of treatment and processing for these purposes.

c) recommend strategies and plans to manage water and sewerage assets.

In Section 5 Membership:

Council appoints Advisory Committee members, thus conferring their responsibilities and rights as set out in this document.

In Section 11 Majority Decision:

A decision of the Committee is by majority of the voting members present at the time of the vote, including on-line presence.

In Section 16 Absence from Committee Meetings:

a) Has been absent from two consecutive meetings of the Committee without having given acceptable reasons for the member’s absence (Lyon/Hunter)

22-498

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.3 Safe and Secure Yield

File No: I2022/583

Committee Recommendation 4.3.1

1. That the Committee notes that the attachment was omitted from this report.

2. That an extraordinary WSAC meeting is held to consider Hydrosphere’s Mullumbimby Water Supply Strategy (IWCM) Hydrosphere July 2022 (Lyon/Hunter)

22-499

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.4 West Byron STP Compliance Report

File No: I2022/947

Committee Recommendation 4.4.1

That the Water and Sewer Advisory Committee:

a) Note the report and the attachments.

b) Note from the report in terms of Condition 9, that 2791ET (1.65ML/day) were connected between December 2002 and April 2022, and that reuse capacity is 3416ET (2.016ML/day), being the Melaleuca regeneration area, the West Byron STP onsite reuse and the urban reuse.

c) Note that further work on the recycled water applications is nearing completion and the committee receives a report at the next meeting.

d) The Operational Environmental Management Plan (OEMP) be updated, and an application be made to amend the consent to reflect an updated OEMP.

(Lyon/Hunter)

22-500

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.5 STP Quarterly Operational Performance Report

File No: I2022/999

Committee Recommendation 4.5.1

That Council notes the report. (Lyon/Hunter)

22-501

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.6 Byron STP Condition 9 Additional Load - Quarterly Report

File No: I2022/955

Committee Recommendation 4.6.1

That Council:

a) Notes the report; and

b) that the quarterly reporting become annual (financial year) reporting. (Lyon/Hunter)

Report No. 14.6 Report of the Moving Byron Advisory Committee Meeting held on 18 August 2022

File No: I2022/1097

22-502

Resolved that Council notes the minutes of the Moving Byron Advisory Committee Meeting held on 18 August 2022. (Lyon/Hunter)

22-503

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.1 Moving Byron Submissions Report

File No: I2022/762

Committee Recommendation 4.1.1

That the Moving Byron Committee recommend Council:

1. Revise and expand the Submissions Summary Report as follows.

a) Amend heading for Figure 1 to read ‘Rail Corridor options’ and display levels of support for 'multi use’, ‘rail’ and ’trains’ as referenced in the submissions.

b) Amend commentary in the report and submissions table to refer to either ‘multi use’, ‘rail’ and ’trains’ as referenced in each submission acknowledging that a ‘rail trail’ is understood by the community to be infrastructure that excludes provision for any type of rail activation or services.

c) Expand summary commentary in the report to include a fuller description of references to ‘public transport’ to include inter town and regional references the benefits discussed.

d) Expand summary commentary in the report to include a fuller description of submissions referring to ‘rail’ and ’trains’ that is not limited to the ‘heavy’ or ‘light’ rail and that summarises the benefits, not just critical comments.

e) Include summary of key strategic themes referenced in submissions including but not limited to ‘car dependence’, the ‘big picture challenge’ to ‘diversify’ infrastructure and services, submissions referencing costed and technical assessments for multi use and or rail, submissions from prospective operators, safe hinterland road network access issues and other key themes.

f) otherwise amend the summary to ensure that it capture the flavour and nuance of the community submissions.

2. Support Staff and at least two Councillors commencing detailed conversations with Transport for NSW on how both levels of government can partner together to achieve a fully comprehensive and endorsed Action Plan from the Moving Byron document (attachment 3 to the Report 4.1 of Moving Byron Committee Meeting of 18 August 2022 Agenda / E2021/149220).

3. Support the work of the committee by allocating time at the next meeting for a discussion of the key strategic themes and objectives of the Strategy.

4. The Moving Byron Committee receive further reporting regarding a proposed way forward that is supported by Transport for NSW and allows for the Moving Byron documents to be adopted.

(Lyon/Hunter)

22-504

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.2 Additional Discussion Items

File No: I2022/1044

Committee Recommendation 4.2.1

That Council, when next reviewing the Bike Plan, reconsider the priority for the Brunswick-Byron Coastal Cycleway Project IT005. (Lyon/Hunter)

Procedural Motion

22-505

Resolved that Council change the order of business to deal with Reports 13.3, 13.14,13.15, 13.9, 13.10, and 14.3 next on the Agenda. (Lyon/Westheimer)

The motion was put to the vote and declared carried unanimously.

Staff Reports - General Manager

Report No. 13.3 Council lease to Catholic Healthcare Ltd proposed Lot 50 in unregistered plan of subdivision (presently part Lot 188 DP 728535).

File No: I2022/737

Procedural MotionS

22-506

Resolved that Council move into Committee to allow for free debate. (Lyon/Westheimer)

The motion was put to the vote and declared carried unanimously.

22-507

Resolved that Council move out of Committee and resume the Ordinary Meeting.

(Ndiaye/Westheimer)

The motion was put to the vote and declared carried unanimously.

22-508

Resolved that this matter (Report 13.3) rest on the table. (Lyon/Ndiaye)

The motion was put to the vote and declared carried unanimously.

Staff Reports - Sustainable Environment and Economy

Report No. 13.14 Request to use Dening Park by Byron Music Festival (part of Crown Reserve 82000)

File No: I2022/1105

22-509

Resolved that Council:

1. Acknowledges the significant contribution to Byron Shire’s cultural life, economy and promotion of the arts by the Byron Music Festival 2021;

2. Supports the Festival being held within Byron township;

3. Actively supports the continuance of BMF as an annual event showcasing local musicians and the local music industry;

4. Notes that it has no lawful power to issue a licence to Byron Music Festival for use of Dening Park but that the Crown Lands’ Minister does have the power to issue licences for commercial activities

5. Encourages the proponents to apply directly to Crown Lands for a commercial activities licence for the 2023 Event;

6 Writes to the Crown Lands Minister expressing Council’s support for a single event in 2023 subject to the following conditions:

i. that it is for a single event in 2023;

ii. the licence period not exceed 2 days;

iii. the patron numbers are limited to a maximum of 3,000;

iv. that a dune stability assessment be undertaken by a qualified geotechnical engineer to determine that the event is not worsening conditions of the site and its surroundings;

v. that this assessment be done as soon as possible and again within two to three weeks of the Festival commencement date, and

vi. that, after the geotechnical assessment, should the BMF event be deemed as potentially injurious to the site and surrounding areas it must not proceed on Dening Park.

7. Notes the short time available to produce the festival by June 2023 and actively aids and supports Byron Music Festival (BMF) to deliver by that date;

8. For reasons of prudent and responsible service of alcohol, supports a second bar area in front of the main stage as per the application request made in 2021 and as per the recommendation by Byron Police and Tweed/Byron Licensing~~, and~~

9. Intends that any future Plan of Management of Dening Park maintains the use of the Park as a community area. (Coorey/Swivel)

The motion was put to the vote and declared carried unanimously.

Crs Lyon and Ndiaye voted against the motion.

Procedural MotionS

22-510

Resolved that Cr Coorey be granted a two minute extension to her speech. (Pugh/Lyon)

The motion was put to the vote and declared carried unanimously.

22-511

Resolved that Cr Ndiaye be granted a two minute extension to her speech.

(Ndiaye/Lyon)

The motion was put to the vote and declared carried unanimously.

22-512

Resolved that Cr Lyon be granted a two minute extension to his speech. (Lyon/Balson)

The motion was put to the vote and declared carried unanimously.

Report No. 13.15 PLANNING - DA10.2021.827.1 - Byron Bay Community Market

File No: I2022/1186

22-513

Resolved:

1. Pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2021.827.1 for Byron Bay Community Market to be held Monthly, with Option of Twice a Month in December and January, be granted consent subject to the conditions in Attachment 2 (#E2022/85389)

2. That council continue to engage with the Byron Community Markets to address the concerns raised over parking and challenges with transition to the new markets location

3. That the market relocation is reviewed at 12 months and includes a review of the impact on the environment, businesses, residents, and traffic. (Pugh/Lyon)

The motion was put to the vote and declared carried unanimously.

The meeting adjourned at 1.16pm for a lunch break and reconvened at 2.04pm.

Cr Balson did not return at this time.

Procedural Motion

22-514

Resolved that Report No. 13.3 be lifted from the table. (Lyon/Coorey)

The motion was put to the vote and declared carried unanimously.

Cr Balson was not present for the vote.

Report No. 13.3 Council lease to Catholic Healthcare Ltd proposed Lot 50 in unregistered plan of subdivision (presently part Lot 188 DP 728535).

File No: I2022/737

22-515

Resolved:

1. That Council delegate to the General Manager authority to offer Catholic Healthcare Limited (A.C.N 064 946 318) an additional one-year holding over on both leases to end 14 November 2023 at annual rent payable at the value immediately before commencement of holding over.

2. That Council delegate to the General Manager authority to grant a single lease to Catholic Healthcare Limited (A.C.N 064 946 318) over proposed Lot 50 in the presently unregistered plan of subdivision (currently forming part of Lot 188 DP 728535) on the following:

a) to commence 15 November 2023,

b) term of 10 years plus a further two five year options, with holding over,

c) For the purpose of Residential Aged Care Service and any ancillary use

d) Base annual rent of $135,000 plus GST and annual rent increased annually thereafter by Consumer Price Index All Groups Sydney, and

e) Base annual rent to be redetermined to current market value rent on the commencement of Years 6, 11 and 16 of the lease.

f) Lessee to pay outgoings payable on the land and for use of the land,

g) All improvements on the land will vest in Council on expiry or termination of the lease
(Lyon/Coorey)

The motion was put to the vote and declared carried.

Cr Ndiaye voted against the motion.

Cr Balson was not present for the vote.

Procedural Motion

22-516

Resolved:

1. That pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, namely Appointment of Replacement Community Members to Advisory Committees.

2. That the reasons for closing the meeting to the public to consider this item be that it contains 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 disclosure of the confidential information could disclose personal information. (Dey/Ndiaye)

The motion was put to the vote and declared carried unanimously.

Cr Balson was not present for the vote.

Procedural MotionS

22-517

Resolved that Council move into Committee to allow for free debate. (Lyon/Dey)

The motion was put to the vote and declared carried unanimously

Cr Balson was not present for the vote.

Report No. 13.9 Appointment of Replacement Community Members to Advisory Committees

File No: I2022/928

22-518

Resolved:

AMENDMENT

1. That community representatives, as recommended in confidential attachment 1 (E2022/63044), be appointed to each respective Advisory Committee for the 2022-2024 term ending September 2024:

a) That the following nominees be appointed to the Biodiversity Advisory Committee: David Milledge and Leonard Cronin

b) That the following nominees be appointed to the Coastal and ICOLL Advisory Committee: Lauren Morgan, Bill Payne, and Matthew Lambourne

c) That the following nominees be appointed to the Floodplain Management Advisory Committee: Catherine Lane, Robert Crossley, Ziwar Sattouf

d) That the following nominees be appointed to the Water & Sewer Advisory Committee: Bruce Clarke

2. That in the case of future resignations from Advisory Committees that replacement community members be appointed from the recommended list of previous applicants, and where no suitable or available applicants exist applications for new members are then advertised.

3. That all appointed Advisory Committee members:

a) be notified of their appointment to the committee; and

b) complete induction, Code of Conduct, and confidentiality requirements.

4. That any unsuccessful nominees be notified.

5. That Cr Lyon be appointed as the alternate to the Coast and ICOLL Advisory Committee and Floodplain Risk Management Advisory Committee in place of Cr Ndiaye. (Lyon/Pugh)

The motion was put to the vote and declared carried unanimously.

Cr Balson was not present for the vote.

Report No. 14.3 Report of the Coastal and ICOLL Advisory Committee Meeting held on 30 June 2022

File No: I2022/845

22-522

Resolved that Council notes the minutes of the Coastal and ICOLL Advisory Committee Meeting held on 30 June 2022. (Dey/Ndiaye)

22-523

Resolved that Council adopts the following Committee Recommendations:

Report No. 3.1 Update on the development of Coastal Management Programs (CMPs) for the Byron Shire Coastline

File No: I2022/61

Committee Recommendation 3.1.1

That the Coastal and ICOLL Advisory Committee:

1. Notes the legislated process and associated extended timeframes associated with preparing Coastal Management Program(s) under the NSW Coastal Management Framework.

2. Advises Council that a particular hazard at Belongil namely end of wall effect on estuary opening needs consideration in the Stage 2 Coastal Hazard Assessment Study.

3. Advises Council that there is a need to recognise ‘coastal squeeze’ as a threat on both the coast and in the estuaries.

4. Advises Council that there is a need to recognise the important shorebird breeding, feeding and roosting area at Belongil and Marshalls Creek. (Dey/Ndiaye)

22-524

Resolved: that Council adopts the following Committee Recommendations:

Report No. 3.4 Review Constitution of Coastal and ICOLL Advisory Committee

File No: I2022/682

Committee Recommendation 3.4.1

1. That the Coastal and ICOLL Advisory Committee recommends to Council to adopt the constitution at Attachment 1 (E2022/11708) with the following changes:

a) Amend the name of the committee to Coast and ICOLL Advisory Committee.

b) Amend 2a. Purpose to:

Advise Council in the development of Coastal Management Programs for the Shire’s coast, estuary and ICOLLs

c) Amend 2b. Purpose to:

Advise on projects, plans and strategies related to the coast, estuary and ICOLLs.

d) Update 5. Membership to read:

“Membership is to include:

· 2 Councillors

· 6 relevantly qualified community representatives

Representatives from:

· Department of Planning and Environment

· DPI Fisheries - Cape Byron Marine Park

· National Parks and Wildlife Service

· Crown Lands

· State Emergency Services

· Transport for NSW

· Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

· Jali Local Aboriginal Land Council

· Tweed Byron Local Aboriginal Land Council

· Byron Shire Council General Manager (or staff member delegate)”

Note: Staff members and state agency representatives participating on the Committee do not have any voting entitlements.

e) Amend 7. Quorum to:

A quorum is to constitute at least half the number of community members and Councillors plus one (resulting half numbers go down), one of which is to be a Councillor.

The General Manager or delegate, who must be a member of staff, is to attend the committee meeting and is not counted in the quorum for the meeting.

State government and indigenous organisation representatives do not form part of the quorum.

f). Amend 10a. Voting to:

Each member of the Committee (with the exception of Council staff and state government agency representatives) is to have one vote, with the Chairperson to have the casting vote in addition to a deliberate vote.

g) Amend 10 Voting to include:

Representatives of Bundjalung of Byron Bay Aboriginal Corporation (Arakwal), Jali Local Aboriginal Land Council and Tweed Byron Local Aboriginal Land Council can elect to have voting rights (Dey/Ndiaye)

22-525

Resolved that Council adopts the following Committee Recommendations:

Report No. 3.5 Consideration of Dredging of Capricornia Canal and Marshalls Creek and the Removal of the Marshalls Creek Training Walls

File No: I2022/699

Committee Recommendation 3.5.1

That the Coast and ICOLL Advisory Committee:

1 Notes the report and outline of the issue.

2. Notes that the Floodplain Advisory Committee will receive a further report with a proposed scope that includes recommendations received from the Committee.

3. Advises Council as part of the review of the 2022 Floods, again consider options of (i) dredging Capricornia Canal and Marshalls Creek, and
(ii) removing rockwalls at the south end of Readings Bay, as to:

a) what benefit would have resulted for the 2022 flood (lower flood levels);

b) what costs may be incurred (financial, environmental, social),

c) what prohibitions may be in place (eg disturbing seagrass in a Marine Park); and

d) what approvals would need to be sought; and

e) that the findings be shared with the public, including visually by way of representative creek cross sections for the dredging option . (Dey/Ndiaye)

The motions (22-522 to 22-525) were put to the vote and declared carried unanimously.

Cr Coorey was not present for the vote.

Mayoral Minute

There was no Mayoral Minute.

Notices of Motion

Notice of Motion No. 9.1 Data on flood impacted homes and businesses

File No: I2022/1206

22-526

Resolved that Council:

1. Writes to Premier Dominic Perrottet thanking him for NSW Government efforts on flood relief and on re-housing flood-displaced people, and also reminding him of:

a) the opportunities as expressed in the state’s Floodplain Risk Management Plans to make existing buildings safer against flood risks, using various actions that are listed in most such Floodplain Plans;

b) the legacy role of the state in having approved buildings in flood-prone areas, many of which are the subject of Floodplain Plans;

c) the numbers of buildings that could benefit from those various actions, namely 1,454 in Byron Shire - about half as many as Lismore Shire’s 2,682 (data source: SES Built Impact Data, April 2022);

d) the likelihood that many of Byron Shire’s buildings can be returned to use by these actions (especially house raising) because peak flood levels are not as deep as in other areas;

e) the Queensland government’s commitment of $741million to its “Resilient Homes Fund”; and

f) the quantum of funding potentially required for our Shire's buildings to be made more resilient, costed an indicative average of $100,000 per building at a minimum of $145m excluding buy backs which could be an additional $35m

2. Considers through the September Budget Review a budget to implement advice by Council’s Floodplain Management Advisory Committee in relation to the report described in Part 3 below.

3. Brings to the next meeting of Council’s Floodplain Management Advisory Committee a report on flood resilience options and on further investigation needed for properties impacted by the 2022 floods and by potential future floods in the face of climate change. The report should:

· quantify residential and commercial properties suitable for House Raising, Buy Back, Wet Proofing or Flood Protection

· consider various flood levels beyond the 100 year event, to ensure the full regime of property risks are understood throughout the Shire

· consider how Climate Change will impact resilience and the number of properties needing protection measures

· tap into existing supporting data sources that maybe available from State Emergency Service Rapid Assessments, Recovery NSW and Mullumbimby Resident Association

· identify data gaps and data collection needs to ensure all properties are suitably considered

· take into account resourcing options for further investigations

· identify funding options for further investigations

· aim to produce documentation to support Council successfully lobbying government to increase funding support to increase property resilience.

4. Liaises with neighbouring Shires to align our information if possible with the forms in which their information is gathered or presented. (Dey/Ndiaye)

The motion was put to the vote and declared carried unanimously.
Cr Coorey was not present for the vote..

Petitions

Petition No. 10.1 Petition regarding the upgrade of Manns Road and one way trial for Towers Drive/Smith Street

File No: I2022/919

22-527

Resolved:

1. That the petition regarding Upgrading Mullumbimby Industrial Estate be noted.

2. That Council notes the current proposal to undertake an asphalt overlay (resurface) of Manns Road under the ECG program by February 2023.

3. That Council allocates through the September Budget Review a budget of $30,000 from the asphalt Overlay Program for the design and implementation of a one-way trial at Towers Drive and Smith Street. (Lyon/Westheimer)

The motion was put to the vote and declared carried unanimously.

Delegates' Reports

There were no delegates’ reports.

Staff Reports - General Manager

Report No. 13.1 Lease for Massinger Street Byron Bay treehouse

File No: I2022/741

Procedural Motion

22-528

Resolved that this matter rest on the table. (Lyon)

The motion was put to the vote and declared carried unanimously.

Cr Coorey was not present for the vote.

Report No. 13.5 Sub-licence to Zephyr Equine Pty Ltd (A.C.N. 638 961 850) and Cape Byron Seahorses Riding Centre for access through Crown Land

File No: I2022/1189

22-529

Resolved:

1. That Council authorises the General Manager, under delegation, to grant a sub-licence to Zephyr Equine Pty Ltd (A.C.N. 638 961 850) for a term of 12 -months for the purpose of access through Lot 407 DP 729057 being Crown Reserve R755695 on condition that Zephyr Equine Pty Ltd must:

a) hold a current permit with Cape Byron Marine Park for the term of the sub-licence, and

b) take all steps necessary to ensure that all horse droppings are removed from the sub-licenced area during and at the end of each access session, and

c) access Lot 407 DP 729057 via the Sub-Licensor approved access track as an essential clause of the sub-licence, and

d) hold valid public liability insurance cover for a minimum value of $20million, and

e) handle all horse in a public area in a safe manner, and

f) not exceed the number of horses permitted by the Cape Byron Marine Park Permit in any guided horse tour.

2. That Council authorises the General Manager to grant a sub-licence to Cape Byron Seahorses Riding Centre for a term of 12-months for the purpose of access through Lot 428 DP 729272 being Crown Reserve R81780 on condition that Cape Byron Seahorses Riding Centre:

a) holds a current permit with Cape Byron Marine Park for the term of the sub-licence; and

b) takes all steps necessary to ensure that all horse droppings are removed from the sub-licenced area during and at the end of each access session; and

c) holds valid public liability insurance cover for a minimum value of $20million, and

d) handles all horse in a public area in a safe manner, and

e) not exceed the number of horses permitted by the Cape Byron Marine Park Permit in any guided horse tour, and

f) loads and unloads horses at the designated site on Crown Land adjacent to South Beach Road Brunswick Heads and must collect all horse droppings from the designated site before and after guided horse tours.

3. That each sub-licence fee is set in accordance with Councils current Fees and Charges. (Dey/Lyon)

The motion was put to the vote and declared carried unanimously.

Cr Coorey was not present for the vote..

Staff Reports - Corporate and Community Services

Report No. 13.7 Election of Deputy Mayor - 2022-2023

File No: I2022/994

22-530

Resolved:

1. That Council elects a Deputy Mayor for the period from 29 September 2022 until September 2023.

2. That the method of election of the Deputy Mayor be by way of open voting.

(Hunter/Lyon)

The motion was put to the vote and declared carried unanimously.

Cr Coorey was not present for the vote.

Procedural MotionS

22-531

Resolved that Council move into Committee to allow for free debate. (Lyon)

The motion was put to the vote and declared carried unanimously.

Cr Coorey was not present for the vote.

22-532

Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon)

The motion was put to the vote and declared carried unanimously.

Cr Coorey was not present for the vote.

The Returning Officer announced that one nomination had been received.

Cr Ndiaye was declared elected unopposed.

Cr Coorey returned to the meeting via audio-visual link.

Report No. 13.8 Update to Section 355 Committee Guidelines

File No: I2022/1130

22-533

Resolved that Council:

1. Adjusts the updated ‘Section 355 Committee Guidelines’ (Attachment 1, E2022/83249) in the following clauses:

a) in section 3, change paragraph 2 to read:

The term of office for Committees is the same as the current term of Council, with the addition of up to six extra months after the General Election of Councillors, until the new Council has appointed a new Committee. Committee members are eligible for re-appointment in the new term of Council following the nomination process.

b) in section 3,3, change the third bulleted paragraph to read:

If the member fails to attend two consecutive meetings without a formal apology or reasonable excuse provided to the Committee

c) in section 3.8, change the first sentence to:

An Annual General Meeting (AGM) should be held every twelve months starting a year after commencement of the Committee.

2. Endorses the ‘Section 355 Committee Guidelines’ as modified in Part 1 above.

3. Notifies s355 Committee members of the new Guidelines and invites them to submit feedback for a ‘house-keeping’ revision. (Dey/Lyon)

The motion was put to the vote and declared carried unanimously.

Staff Reports - Infrastructure Services

Report No. 13.17 Pay Parking Potential

File No: I2022/866

22-534

Resolved:

1. That in relation to parking in Brunswick Heads, Council;

a) allocates $140,000 in the September quarterly budget review to fund an updated parking study including an expansion of the pay parking areas and an assessment of current supply and demand, time limits; and

b) receives a further report in April 2023 on the above and also on comparative pay parking rates in other Local Government Areas.

2. That in relation to parking within Mullumbimby, staff:

a) Consult with Transport for New South Wales (TfNSW) in relation to parking/overflow associated with the temporary housing within the rail corridor and possible legacy outcomes from this initiative related to parking areas; and

b) provide a further report on options to progress/fund a revised parking study.

3. That staff provide a further report recommending rules on the number of parking permits per residence and how a permit relates to a residence.

4. That Council notes, that stage 1 of the Broken Head Reserve Road parking improvements is scheduled to commence in September/October 2022 and at the completion of these works, a parking assessment to consider an expansion of the existing pay parking precinct will be undertaken and reported to Council for consideration .(Lyon/Westheimer)

The motion was put to the vote and declared carried.
Cr Hunter voted against the motion..

Reports of Committees - Corporate and Community Services

Report No. 14.2 Report of the Audit, Risk and Improvement Committee Meeting held on 18 August 2022

File No: I2022/1106

22-535

Resolved that Council notes the minutes of the Audit, Risk and Improvement Committee Meeting held on 18 August 2022. (Hunter/Lyon)

22-536

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.1 Update from OLG on membership requirements for Audit, Risk and Improvement Committees

File No: I2022/925

Committee Recommendation 4.1.1

That Council notes the update provided by the Office of Local Government in Circular 22-21 pertaining to the draft Guidelines for Risk Management and Internal Audit for Local Councils in NSW. (Hunter/Lyon)

22-537

Resolved that Council adopts the following Committee and Council Recommendations:

Report No. 4.2 Draft Constitution of the Audit, Risk and Improvement Committee

File No: I2022/828

Committee Recommendation 4.2.1

That Council adopt the Draft Audit, Risk and Improvement Committee Constitution (Attachment 1 E2022/73365).

Council Recommendation

That the Draft Audit, Risk and Improvement Committee Constitution be amended at part 9 Secretariat to allow for the agenda to be distributed 14 days prior to the meeting, rather than a week prior to the meeting. (Hunter/Lyon)

22-538

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.3 Financial Reporting to Audit, Risk and Improvement Committee

File No: I2022/996

Committee Recommendation 4.3.1

1. That a revised version of the financial reporting update be presented to the Committee at the November 2022 meeting.

2. That Council notes that the Audit, Risk and Improvement Committee receive financial reporting updates. (Hunter/Lyon)

22-539

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.4 Internal Audit Plan 2022-2024

File No: I2022/823

Committee Recommendation 4.4.1

1. That Council endorses the Internal Audit Plan 2022-2024 (E2022/61398).

2. That the proposed audits for 2023-2024 be brought to the Audit, Risk and Improvement Committee Meeting in November 2022. (Hunter/Lyon)

22-540

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.5 Delivery Program 6-monthly Report and Operational Plan 2021/22 Quarter 4 Report - to 30 June 2022

File No: I2022/987

Committee Recommendation 4.5.1

That Council notes that the Audit, Risk, and Improvement Committee noted the Delivery Program 6-monthly Report and 2021/22 Operational Plan Fourth Quarter Report for the period ending 30 June 2022 (Attachment 1 #E2022/67538). (Hunter/Lyon)

22-541

Resolved that Council adopts the following Committee Recommendation:

Report No. 5.1 Quarter 4 2021-22 Risk Report

File No: I2022/732

Committee Recommendation 5.1.1

That Council notes the Strategic and Operational Risk Reports for the quarter ending 30 June 2022 (Attachment 1 E2022/63424) and improvements planned or underway.

(Hunter/Lyon)

22-542

Resolved that Council adopts the following Committee Recommendations:

Report No. 5.2 Internal Audit Report - 2021-2022 Quarter 4 (and 2021-2022 Quarter 1 report deferred from the ARIC meeting of 19 May 2022)

File No: I2022/826

Committee Recommendation 5.2.1

That Council:

1. Notes the Summary of Internal Audit Recommendations for Quarter 1 2021-2022 (Attachment 1 E2021/123033).

2. Endorses the recommendations from the Executive Team and Audit, Risk and Improvement Committee to close off four internal audit recommendations from Quarter 1 2021-2022 as listed in Table 1 of this report (which is a summary from Attachment 1 E2021/12033).

3. Notes the Summary of Internal Audit Recommendations for Quarter 4 2021-2022 (Attachment 2 E2022/63964).

4. Endorses the recommendations from the Executive Team and Audit, Risk and Improvement Committee to close off seven internal audit recommendations from Quarter 4 2021-2022 as listed in Table 2 of this report (which is a summary from Attachment 3 E2022/62825).

5. Requests management to record any findings needing further action from the Internal Audit of Payroll – Data Analytics (Attachment 4 E2022/69122) in Council’s Internal Audit Register.

6. Endorses the proposal to shift the Inventory Internal Audit from Quarter 2 2021-2022 to Quarter 1 2022-2023 .(Hunter/Lyon)

22-543

Resolved that Council adopts the following Committee Recommendations:

Report No. 5.3 Social Engineering Incident - Reporting of Independent Investigation

File No: I2022/506

Committee Recommendation 5.3.1

That Council:

1. Notes the outcome of the investigation and the importance of being constantly aware of social engineering and cyber security.

2. Notes the progress of implementing the recommendations proposed following the independent investigation. (Hunter/Lyon)

22-544

Resolved that Council adopts the following Committee Recommendations:

Report No. 5.4 Cyber Security and IT System Outages Quarterly Update

File No: I2022/904

Committee Recommendation 5.4.1

1. That Council notes the report.

2. That the Audit, Risk and Improvement Committee receives ongoing cyber security and system outage status reports. (Hunter/Lyon)

22-545

Resolved that Council adopts the following Committee Recommendations:

Report No. 5.5 External Audit Actions Quarter 4 2021-2022 Update

File No: I2022/1001

Committee Recommendation 5.5.1

1. That Council notes the external audit activity update for the quarter ending 30 June 2022 as outlined in Confidential Attachment 1 (#E2022/76444).

2. That Council endorses the closure of Issue 2 from the 2021 Year End Audit Management Letter regarding ‘Confirming orders after invoicing’. (Hunter/Lyon)

The motions (22-535 to 22-545) were put to the vote and declared carried unanimously.

Staff Reports - General Manager

Report No. 13.1 Lease for Massinger Street Byron Bay treehouse

File No: I2022/741

22-546

Resolved that Council authorises the 28-day public exhibition of a twelve-month lease over the road reserve adjoining 77 Massinger Street Byron Bay for the purpose of a Children’s Treehouse Artwork, and

a) If no submissions are received, then Council delegates to the General Manager the authority to grant a lease to Ms Mell Coppin over an unused portion of the road reserve adjoining 77 Massinger Street Byron Bay on the following:

i) term of twelve months with no holding over,

ii) annual rent of $1 (excluding GST),

iii) purpose of a Children’s Treehouse Artwork, and

iv) public liability cover to a minimum of $20 million noting Byron Shire Council as an interested party.

v) not preclude public traversal through the road reserve

b) If submissions are received, then a further report be tabled at the next ordinary meeting of Council. (Lyon/Ndiaye)

The motion was put to the vote and declared carried unanimously.

There being no further business the meeting concluded at 4.38pm.

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 27 October 2022.

….…………………………

Mayor Michael Lyon