Ordinary Meeting Minutes
25 May 2023
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 25 May 2023 COMMENCING
AT 9:05AM AND
CONCLUDING AT 4:36PM.
I2023/772
PRESENT: Cr
M Lyon (Mayor), Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A
Pugh, Cr M Swivel and Cr P Westheimer
Staff: Mark Arnold (General
Manager)
Esmeralda
Davis (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Heather Sills (Manager Corporate Services)
Malcom Robertson (Manager Open Spaces and Facilities)
– Items 9.2, 13.11
Sarah Nagel (Manager Compliance) – Items 13.9, 10.1,
13.1, 13.7, 13.11
James Brickley (Manager Finance) – Item 9.3
Judd Cornwall (Traffic and Transport Engineer) –
Item 10.1
Cameron Clark (Manager Utilities) – Item 13.12
Storm
Townsend/ 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
|
Submission Received via
|
|
9.2
|
School/community tree-planting program on Council
owned or managed land
|
For
|
Ray Moynihan
|
Regeneration
|
In Person
|
|
11.1
|
Illegal Camping in Brunswick Heads
|
For
|
David Boulton
Sam Boulton (speaker)
Claire Boulton (speaker)
|
Self
|
In Person
|
|
Warren Shaw
|
Self
|
In Person
|
|
13.9
|
Compliance Resourcing and Priorities
|
For
|
Alison Drover
|
Self
|
In Person
|
|
Leone Bolt
|
Brunswick Heads Progress Association
|
Read out by staff
|
|
Against
|
Mark Bathie
|
Self
|
In Person
|
|
Angela Dunlop
|
South Golden Beach Community Association
|
In Person
|
|
|
Procedural
Motion
|
|
23-178
|
Resolved
that Public Access be extended until 10:30AM. (Lyon)
The motion was put to the vote and
carried unanimously.
|
Submissions
|
Subject
|
Name
|
Representing
|
Submission Received via
|
|
Services for the homeless in the Byron Shire area
|
Sarah-Jane McGrath
|
Self
|
In Person
|
|
NSW best practices for installation of aircon
condenser to help eliminate problems of noise complaints
|
Annette Radermacher
|
Self
|
In Person
|
|
Seeking reassurance that public toilets in Mullumbimby
will continue to be available if affordable housing development proceeds
|
Marie Oliver
|
Self
|
In Person
|
Question
No. 1 Illegal camping in Brunswick Heads
Tom Nursey submitted the following question:
The ongoing issue of illegal Van Camping in Brunswick Heads
has spiraled out of control. Residents and visitors are fed up. We have had
people from Vans knocking on our door at night asking if they can use the
toilet, we navigate through toilet paper and faeces on our way to the beach.
This is not a homeless issue to which we are very empathetic. It is, despite
councils continued protestations, people living 'the van life' -usually in
expensive fully kitted out camper vans. The irony is they are often staying 50
metres from approved camping grounds. The illegal camping occurs along south
beach road, both surfside and river side, along banner park, Mona Lane, the
carpark between the school and CWA hall and a plethora of other places. This
does not occur in Byron Bay. They would be run out of town. It is high time
that Council stepped up, co-ordinated and implemented a strategy to return the
quality of life to the residents and paying visitors to Brunswick Heads.
Why isn't a simple residents parking scheme introduced to the
town as occurs in a multitude of other urban councils?
The
Mayor took the question on notice.
The meeting
adjourned at 10.20am for a short break and reconvened at 10.49am.
Apologies
Cr
Coorey was an apology in accordance with her prior approved leave of absence.
|
|
Procedural
Motion
|
|
23-179
|
Resolved that the apology from Cr Balson be accepted and a
leave of absence granted until July 2023. (Lyon)
The motion was put to the vote and
carried unanimously.
|
Applications
to Attend by Audio-Visual Link
There were no applications to attend via audio-visual link.
Requests for Leave of Absence
Note the leave of absence for
Cr Balson in Resolution 23-179.
Declarations
of Interest – Pecuniary and Non-Pecuniary
There were no declarations of pecuniary/non-pecuniary interaest.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
|
23-180
|
Resolved that
the minutes of the Ordinary Meeting held 27 April 2023 be confirmed with the
typographical error corrected in Notice of Motion 10.1. (Lyon/Hunter)
The motion was put to the
vote and carried unanimously.
|
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
Corporate and Community Services
Report No.
13.1 2022/23 Operational Plan Report - Q3 - March 2023
Report No.
13.2 Council Resolutions Quarterly Review - Q3 - 1
January to 31 March 2023
Report
No. 13.6 Mayor and Councillor Remuneration 2023/24
Sustainable Environment and Economy
Report No.
13.7 Proposed Wildlife Protection Area - 'Old New
Brighton Road, Ocean Shores'
Report No. 13.9 Compliance
Resourcing and Priorities
Infrastructure Services
Report No. 13.11 Implications of excising
the dog exercise area from Heritage Park, Mullumbimby
Report No.
13.12 Bioenergy Facility Project - OLG PPP Assessment
Reports of Committees
Corporate and Community Services
Report No.
14.1 Report of the Arakwal Memorandum of Understanding
Advisory Committee Meeting held on 21 April 2023
Infrastructure Services
Report No.
14.5 Report of the Infrastructure Advisory Committee
Meeting held on 20 April 2023
Late Reports
Report No. 16.1 Report
of the Local Traffic Committee Meeting held on 16 May 2023
The
remaining Recommendations and Committee Recommendation 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.23-181
and concluding with Resolution No. 23-190
.
Staff Reports - Corporate and
Community Services
|
|
Report No. 13.3 Budget
Review - 1 January 2023 to 31 March 2023
File No: I2023/680
|
|
23-181
|
Resolved that Council:
1. Authorises
the itemised budget variations as shown in Attachment 2 (#E2023/45418) which
include the following results in the 31 March 2023 Quarterly Review of the 2022/2023
Budget:
a) General
Fund – $205,000 increase to the Estimated Unrestricted Cash Result
b) General
Fund - $8,342,800 increase in reserves
c) Water
Fund - $658,900 increase in reserves
d) Sewerage
Fund - $227,400 increase in reserves
2. Adopts
the revised General Fund Estimated Unrestricted Cash Result of $0 for the
2022/2023 financial year as at 31 March 2023 (Lyon/Hunter)
|
|
|
Report No. 13.4 Council
Investments - 1 April 2023 to 30 April 2023
File No: I2023/689
|
|
23-182
|
Resolved that Council
notes the report listing Council’s investments and overall cash
position as of 30 April 2023. (Lyon/Hunter)
|
|
|
Report
No. 13.5 Grants March 2023
File No: I2023/742
|
|
23-183
|
Resolved that Council notes the Report and Attachment
1 (#E2023/47683) for Byron Shire
Council’s Grant submissions as at 30 April 2023. (Lyon/Hunter)
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.8 Compliance
Priorities Program Report 2022
File No: I2023/57
|
|
23-184
|
Resolved that Council notes
the report on activities and achievements of staff undertaken to meet the
Compliance Priorities Program 2022. (Lyon/Hunter)
|
Staff Reports - Infrastructure
Services
|
|
Report No. 13.10 Former
South Byron Sewage Treatment Plant - Project Update
File No: I2022/860
|
|
23-185
|
Resolved that Council:
1. Notes
the completion of the remediation of the land-based portion of the former
South Byron Sewage Treatment Plant site, culminating in the receipt of the
Site Audit Statement and Site Audit Report from the EPA accredited
Contaminated Site Auditor;
2. Adopts
Preferred Option 3 of the Options Assessment and Design Report (Australian
Wetlands Consulting, Attachment 2) for the retained South Byron Sewage
Treatment Ponds; and
3. Allocates
$600,000 from the Sewerage Fund Capital Works Reserve to be included in the
Draft 2023/24 Budget to complete the detailed design and works phase of the
South Byron Sewage Treatment Pond Rectification project.
4. Considers
the future land use of the South Byron Sewage Treatment Plant at a future
Councillor Workshop (Lyon/Hunter)
|
Reports of Committees - Sustainable
Environment and Economy
|
|
Report No. 14.2 Report
of the Business and Industry Advisory Committee Meeting held on 30 March 2023
File No: I2023/506
|
|
23-186
|
Resolved that Council adopts
the following Committee Recommendations:
1. That Council notes the minutes
of the Business and Industry Advisory Committee Meeting held on 30 March
2023.
2. That
Council adopts the following Committee Recommendations
from report No. 3.1:
a)
Notes that the Business and Industry Advisory
Committee will continue to invite representatives of business organisations
to participate in workshops on the development of the Business, Industry and
Visitor Economy Strategy (BIVE) and that the inclusion of four business
representatives on the Committee be reconsidered after the BIVE is developed.
b)
Amends the Constitution of the Business and Industry
Advisory Committee accordingly. (Lyon/Hunter)
|
|
|
Report No. 14.3 Report
of the Heritage Advisory Committee Meeting held on 20 April 2023
File No: I2023/695
|
|
23-187
|
Resolved that Council
notes the minutes of the Heritage Advisory Committee Meeting held on 20 April
2023. (Lyon/Hunter)
|
|
23-188
|
Resolved that Council adopts
the following Committee recommendations:
Report No.
4.3 Community Member Presentation - Proposal for a Federal Heritage
Conservation Area and New listed items
File No: I2023/297
Committee Recommendation 4.3.1
That the Heritage Advisory Committee:
1. Thank
Jenna Reed Burn for her presentation, and work on the Preliminary Federal
Village Heritage Assessment, and notes its recommendations for listings
in Schedule 5 of the Byron Local Environmental Plan 2014.
2. Supports
further consultation occurring with residents and owners of the properties
proposed to be listed as individual items, contributory items, and in the
Heritage Conservation Area generally, prior to reporting any planning
proposal with any new listings recommended to Council (Lyon/Hunter)
|
|
23-189
|
Resolved that Council adopts the following Committee
recommendation:
Report No.
4.4 Other Business
Committee Recommendation 4.4.1
That Council appoints Councillor
Lyon to the Committee and that Councillor Balson be released from the
Committee. (Lyon/Hunter)
|
|
|
Report No. 14.4 Report
of the Biodiversity Advisory Committee Meeting held on 20 April 2023
File No: I2023/696
|
|
23-190
|
Resolved that Council
notes the minutes of the Biodiversity Advisory Committee Meeting held on 20
April 2023. (Lyon/Hunter)
|
|
|
Procedural
Motion
|
|
23-191
|
Resolved that
Council change the order of business to deal with Reports 9.2 and 13.9 next
on the Agenda. (Lyon)
The motion was put to the vote and
carried unanimously.
|
Notices of Motion
|
|
Notice of Motion No. 9.2 School/community
tree-planting program on Council owned or managed land
File No: I2023/732
|
|
23-192
|
Resolved that Council:
1. Receives a report
identifying a parcel or parcels of land up to 1Ha managed or owned by Byron
Shire Council such as:
a) The
Vallances Rd STP along the river and in the flood prone areas of the site.
b)
Riverside Drive in Mullumbimby
c) Any
other suitable land, particularly riparian land.
to
enable a pilot tree-planting project by the local “Regeneration”
group to facilitate environmental awareness amongst schoolchildren
2. Investigates
funding opportunities or existing resources for this small-scale project
3. Receives
a report on the outcomes of this pilot project in relation to Council’s
capacity for such projects (Lyon/Ndiaye)
The motion was put to the vote and
carried unanimously.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.9 Compliance
Resourcing and Priorities
File No: I2023/713
|
|
23-193
|
Resolved that Council:
1. Notes
the report on compliance resourcing and priorities as per Resolution 23-139;
2. Adopts
Option 1 as the preferred compliance resourcing option;
3. Adopts the proposed ‘Environment
and Safety Priorities Program’ for 2023 as provided below to
support the adopted compliance resourcing approach:
Council’s
Public & Environmental Services prioritises its response to all matters
in accordance with the following categories:
1. High
risk activities which require an urgent and immediate response. (high risk
activities are defined as activities that places people’s lives at
immediate risk or that cause or are likely to cause a significant risk of
environmental harm or pollution); and
2. Other
activities which require a routine
response during strategic/regular duties.
4. Supports an ongoing
media and communications campaign to support the adopted Environment and
Safety Priorities Program 2023 (Lyon/Ndiaye)
|
|
|
Procedural
Motion
|
|
23-194
|
Resolved that Cr Lyon be granted a two minute extension to
his speech. (Lyon/Ndiaye)
The motion was put to the vote and
carried unanimously.
|
The motion (Lyon/ Ndiaye) was put to the vote and
declared carried unanimously.
Notices of
Motion
|
|
Notice of Motion No. 9.1 Nature Repair Market Bill
File No: I2023/650
|
|
23-195
|
Resolved that Council:
1. Notes that the Senate referred the provisions of the
Nature Repair Market Bill 2023 and the Nature Repair Market (Consequential
Amendments) Bill 2023 to the Environment and Communications Legislation
Committee for inquiry and report by 1 August 2023 and that submissions
are open until 1 June 2023.
2. Makes
a submission in support of the Nature Repair Bill, with input from members of
the Biodiversity Advisory Committee. (Westheimer/Ndiaye)
The motion was put to the vote and
carried.
Crs Hunter and Pugh voted against
the Motion.
|
Cr Swivel left the Chambers at 12:04pm.
|
|
Notice of Motion No. 9.3 Setting the Shire’s
minimum rate
File No: I2023/724
|
|
23-196
|
Resolved
that Council:
1.
Notes the presentation on Pages 52 and 53 of 163 of
Council’s Agenda for 27 April 2023 where the impacts of changing the
Shire’s minimum rate are reported, using scenarios (i) with the
published minimum rate of $1,014 and (ii) with last year’s minimum of
$969.
2.
Considers, before adopting the Shire's Integrated
Planning documents for the 2023/2024 financial year including the Statement
of Revenue Policy but after considering public submissions (both likely on 22
June), setting the Shire’s minimum rate for the 2023/2024 financial
year at $1,000.
3.
Considers, when preparing such documents for future
years including 2024/2025 using that same minimum. (Dey/Pugh)
The motion was put to the vote and
carried.
Crs Hunter and Westheimer voted
against the Motion
Cr Swivel was absent for the vote.
|
Cr Swivel returned to the Chambers at
12:08pm.
Notice of Motion No. 9.4 Confidential
- Council-owned land in Belongil
File No: I2023/733
Notice of Motion No. 9.5 Confidential – Boundary adjustment at Belongil
File No: I2023/728
|
|
Procedural
Motion
|
|
23-197
|
Resolved:
1. That
pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council
resolves to move into Confidential Session to discuss the reports
Council-owned land in Belongil and Boundary adjustment at Belongil.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) personnel
matters concerning particular individuals (other than councillors)
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as:
Refers
to an individual’s property (Lyon)
The motion was put to the vote and
carried unanimously.
|
|
|
Procedural
Motion
|
|
23-198
|
Resolved that
Council move into Committee to allow for free debate. (Lyon)
The motion was put to the vote and
carried unanimously.
|
|
|
Notice of Motion No. 9.4 Confidential - Council-owned land in Belongil
File No: I2023/733
|
|
23-199
|
Resolved that Council receives a report regarding 3
lots it owns at Belongil, namely 6/3/1623, 7/3/1623 and B/371044 on:
1. Vegetation
types;
2. Other
constraints such as easements, encroachments or the land classification;
3. The
planning pathways available to Council should it wish to place removable
cabins for the purposes of tourist and visitor accommodation, or to create a
public recreation space on any part or all of the 3 lots. (Lyon/Pugh)
|
|
|
Procedural
Motion
|
|
23-200
|
Resolved
that Council move out of Committee and resume the Ordinary
Meeting. (Lyon)
The motion was put to the vote and
carried unanimously.
|
The motion (Lyon/Pugh) was put to the
vote and carried unanimously.
Cr Dey withdrew Notice of Motion 9.5, ‘Boundary
adjustment at Belongil’.
|
|
Procedural
Motion
|
|
23-201
|
Resolved
that the meeting move out of confidential session. (Lyon)
The motion was put to the vote and
carried unanimously.
|
Mayoral
Minute
|
|
Mayoral Minute No. 10.1 South Beach Lane parking
File No: I2023/801
|
|
23-202
|
Resolved:
1. That
South Beach Lane in Brunswick Heads have all parking removed, with consideration
given to the bollards being shifted to be in line with the ones at the start
and end of the lane and that this decision be reviewed in three months from
implementation.
2. That
the General Manager be delegated to implement any Local Traffic Committee
recommendations in relation to regulatory signage. (Lyon)
|
|
|
Procedural
Motion
|
|
23-203
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech. (Lyon)
The motion was put to the vote and
carried unanimously.
|
AMENDMENT
Moved that
Council receives a Report in June on changes to parking restrictions in
Brunswick Heads aimed at limiting overnight camping in the areas of (a) South
Beach Road, South Beach Lane; and (b) Fawcett Street and Mona Lane and that
this Report consider:
1. Change 4P to
2P (9am to 6pm);
2. Extend No
Parking timing to 8pm – 6am;
3. Expediting
paid parking for Brunswick Heads.
(Dey/Ndiaye)
The amendment was put to the vote and declared lost.
Crs Hunter, Pugh, Swivel and Lyon voted against the
amendment.
The motion (Lyon) was put to the vote and declared carried.
Crs Dey, Ndiaye, and Westheimer voted against the motion.
The meeting adjourned at 1.24pm for a
lunch break and reconvened at 2.03pm.
Petitions
|
|
Petition No. 11.1 Illegal
camping in Brunswick Heads
File No: I2023/623
|
|
23-204
|
Resolved that Council:
1. Notes
the petition in Attachment 1 (E2023/42363) regarding illegal camping in
Brunswick Heads.
2. Refers the matter to the Director Infrastructure
Services and Director Sustainable Environment and Economy for consideration
along with other parking and illegal camping matters in Brunswick Heads. (Lyon/Hunter)
The motion was put to the vote and
carried unanimously.
|
Delegates'
Reports
Cr Pugh gave a delegate’s report on the Richmond Tweed
Regional Library.
Cr Swivel gave a delegate’s report on the Heritage
Advisory Committee.
Cr Lyon gave a delegate’s report on the Northern
Rivers Joint Organisation.
Staff
Reports - Corporate and Community Services
|
|
Report No. 13.1 2022/23
Operational Plan Report - Q3 - March 2023
File No: I2023/439
|
|
23-205
|
Resolved that Council:
1. Notes
the 2022/23 Operational Plan Quarter 1 Report for the period ending 31 March
2023 (Attachment 1 # E2023/44246).
2. Adopts
the proposed amendments to the Operational Plan 2022/23 outlined in
Attachment 2 (#E2023/35475). (Westheimer/Lyon)
The motion was put to the vote and
carried unanimously.
|
|
|
Report No. 13.2 Council
Resolutions Quarterly Review - Q3 - 1 January to 31 March 2023
File No: I2023/440
|
|
23-206
|
Resolved that Council:
1. Notes
the information provided in this report on active Council Resolutions in
Attachment 1 (#E2023/33527).
2. Notes the
completed Resolutions in Attachment 2 (#E2023/33528).
(Westheimer/Lyon)
The motion was put to the vote and carried
unanimously.
|
|
|
Report No. 13.6 Mayor
and Councillor Remuneration 2023/24
File No: I2023/734
|
|
|
Procedural
Motions
|
|
23-207
|
Resolved that
Cr Ndiaye be granted a two-minute extension to her speech. (Lyon)
The motion was put to the vote and
carried unanimously.
|
|
23-208
|
Resolved that
this matter (Report 13.6) rest on the table. (Ndiaye/Lyon)
The motion was put to the vote and
carried unanimously.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.7 Proposed
Wildlife Protection Area - 'Old New Brighton Road, Ocean Shores'
File No: I2023/625
|
|
23-209
|
Resolved that Council implements the proposed Wildlife
Protection Area – ‘Old New Brighton Road, Ocean Shores’ (Lyon/Dey)
The motion was put to the vote and
carried unanimously.
|
Staff
Reports - Infrastructure Services
|
|
Report No. 13.11 Implications
of excising the dog exercise area from Heritage Park, Mullumbimby
File No: I2023/674
|
|
23-210
|
Resolved that Council:
1. Notes
the implications of excising the Heritage Park off-lead exercise area
detailed in this Report.
2. Once
the Lot 22 exercise area is operational then Council considers the future use
of the Off-Lead dog area within Heritage Park (Westheimer/Lyon)
The motion was put to the vote and
carried unanimously.
|
|
|
Report No. 13.12 Bioenergy
Facility Project - OLG PPP Assessment
File No: I2023/316
|
|
23-211
|
Resolved that Council, noting the requirements in section
11.2.2 of the OLG Public Private Partnership Guidelines about Council
resolutions for Public Private Partnerships (PPPs), resolves to:
a) Agree
with and adopt the outcomes and deliverables for the Bioenergy Facility
Project as described in this Report at section 4 and in DA 10.2021.364.1
(refer E2021/88382; E2022/41826; E2022/50991).
b) Authorise
the General Manager to submit a proposal for the Bioenergy Facility Project
to the Office of Local Government for “Initial Assessment” as a
Public Private Partnership as defined in s.400B of the Local Government Act
1993 (the Act)
c) Instruct
the General Manager to provide to Council, as necessary, status updates on
the BEF project and the NSW OLG “Initial Assessment,” whether a
PPP remains the preferred execution model for the BEF Project, or whether
alternative execution models have evolved with changing circumstances. (Swivel/Ndiaye)
The motion
was put to the vote and carried unanimously.
|
|
|
Procedural
Motions
|
|
23-212
|
Resolved that
Cr Swivel be granted a two-minute extension to his speech. (Lyon)
The motion was put to the vote and
carried unanimously.
|
|
23-213
|
Resolved that
Cr Pugh be granted a two-minute extension to his speech. (Lyon)
The motion was put to the vote and
carried unanimously.
|
Reports
of Committees - Corporate and Community Services
|
|
Report No. 14.1 Report
of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on
21 April 2023
File No: I2023/679
|
|
23-214
|
Resolved that Council notes the Minutes of the Arakwal
Memorandum of Understanding Advisory Committee Meeting held on 21 April 2023. (Pugh/Lyon)
The motion was put to the vote and
carried unanimously.
|
|
23-215
|
Resolved that Council adopts
the following Committee Recommendations:
Report No.
3.1 Arakwal MOU review
File No: I2023/569
Committee Recommendation 3.1.1
That the Arakwal MoU Advisory Committee:
1. Notes
the Arakwal MoU draft review attachment (#E2019/90906).
2. Provides
input to the draft review and discusses next steps and possible options.
3. Notes
the Committee will hold an Extra Ordinary Meeting on 19 May 2023 to continue
the Arakwal MoU review. (Pugh/Lyon)
The motion was put to the vote
and carried unanimously.
|
Reports
of Committees - Infrastructure Services
|
|
Report No. 14.5 Report
of the Infrastructure Advisory Committee Meeting held on 20 April 2023
File No: I2023/603
|
|
23-216
|
Resolved that Council
notes the minutes of the Infrastructure Advisory Committee Meeting held on 20
April 2023. (Hunter/Lyon)
|
|
23-217
|
Resolved that Council adopts the following
recommendations:
Report
No. 4.2 New Brighton Parking Options Investigation
File No: I2023/472
Recommendation 4.2.1
1. That
staff continue to develop designs to improve car parks in the area including
North Head Carpark, The Esplanade North and provide way finding signage in
the area to direct beach goers to the beach facility.
2. That
Council investigates closing all but 6 car parking spaces in The Esplanade
South and providing further parking in Esplanade North, North Head Rd,
Riversea Lane, Dolphin Lane and New Brighton for foot traffic beach access.
3. That a further report
is brought back to Council within 3 months of this date.
4.
That Council considers the eventual outcome of the dune continuing to move
west onto the Esplanade and this aspect be referred to the CMP. (Hunter/Lyon)
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23-218
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Resolved that Council
adopts the following Committee Recommendation:
Report No.
4.3 Myocum Quarry Update
File No: I2022/1341
Committee Recommendation 4.3.1
That Council notes the contents of
the report and support the rehabilitation of Lots 1 (DP591441) and 4 (DP1052900). (Hunter/Lyon)
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Resolutions 23-216
to 23-218 were put to the vote and declared carried unanimously.
Late
Reports
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Report No. 16.1 Report
of the Local Traffic Committee Meeting held on 16 May 2023
File No: I2023/770
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23-219
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Resolved that Council notes the minutes of the Local
Traffic Committee Meeting held on 16 May 2023. (Lyon/Dey)
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23-220
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Resolved that Council
adopts the following Committee Recommendations:
Report No.
6.1 Brunswick Valley Way - Traffic Control Devices for Driveway Access
File No: I2023/589
Committee Recommendation 6.1.1
That Council authorises the implementation of the
regulatory signs, markings and traffic control devices on Brunswick Valley
Way, as shown in Attachment 1 (E2023/40027), subject to the following:
a) Separate approval
must be obtained from TfNSW for the relocation of the existing transition
from 50/80 km/h speed limit northward so that the proposed intersection will
be within the 50km/h zone.
b) Separate
approval must be obtained from TfNSW for a Road Occupancy Licence (ROL) for
the work within Brunswick Valley Way.
c) The
environmental impacts of the road works which are ancillary to this
development, such as removal of trees, will require further assessment and
separate approvals.
(Lyon/Dey)
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23-221
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Resolved that
Council adopts the following Committee Recommendations:
Report No.
6.2 Bayshore Lane - One Way restriction
File No: I2023/599
Committee Recommendation 6.2.1
That the Local Traffic Committee
endorse the implementation of one-way traffic within Bayshore Lane, Byron Bay
(northbound) if community and stakeholder engagement does not raise any
reasons not to proceed. (Lyon/Dey)
.
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23-222
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Resolved that Council
adopts the following Committee Recommendation:
Report No.
6.3 Blindmouth Road Upgrade
File No: I2023/634
Committee Recommendation 6.3.1
That Council supports the
regulatory signage and line markings associated with the Blindmouth Road upgrade
works, as shown in Attachment 1 (E2023/42149). (Lyon/Dey)
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23-223
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Resolved that Council
adopts the following Committee Recommendation:
Report No.
6.4 New Intersection on Tweed Valley Way
File No: I2023/687
Committee Recommendation 6.4.1
That Council supports the
regulatory signage and line markings associated with the New Intersection on
Tweed Valley Way, as shown in Attachment 1 (E2023/43452), including
conditions flagged by Transport for NSW. (Lyon/Dey)
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23-224
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Resolved that Council does
not adopt Committee Recommendations 6.5 as shown in the attachment to this
report, but instead adopts the Management Recommendations as follows, subject
to the TfNSW comments provided in the Minutes document attached:
Report No.
6.5 Byron Writers Festival 2023
File No: I2023/688
Management Recommendations
1. That
Council supports the Writers Festival in Bangalow from the 11th to 13th
August 2023.
2. That
Council support in Part 1 is subject to:
a) separate
approvals by NSW Police and TfNSW being obtained;
b) the
event organiser providing council with a Traffic Management Plan and Traffic
Guidance Scheme/s for the event;
c) development
and implementation of a 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) the
impact of the event be advertised, and charged at cost to the organisers, via
a notice in the local weekly paper and Variable Message Signage (VMS) 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;
e) the
event be notified on Council’s web page and social media with the event
organiser supplying Council with the relevant information;
3. The
event organiser to:
a) inform
the community and businesses that are directly impacted (e.g. within road
closure zones) via written information which is delivered to the property in
a timely manner so as to document, consider and respond to any concerns
raised;
b) arranging
for private property access and egress affected by the event;
c) liaising with
bus, taxi and waste operators and ensuring arrangements are made for
provision of services during conduct of the event;
d) consulting
with emergency services and any identified issues be addressed;
e) holding
$20m public liability insurance cover which is valid for the event;
f) not place any
signage on the road related area of the Pacific Highway.
(Lyon/Dey)
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23-225
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Resolved that Council
adopts the following Committee Recommendation:
Report No.
6.6 Trial Electric Vehicle Chargers Byron Bay
File No: I2023/731
Committee Recommendation 6.6.1
That the Local Traffic Committee
endorse parking restrictions to support two Electric Vehicle car parking
spaces in Byron Bay Town Central, two of the five locations within Attachment
1 (E2023/46707) as part of the Essential Energy EVX pole mounted charger
trial. (Lyon/Dey)
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23-226
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Resolved that Council
adopts the following Committee Recommendation:
Report No.
7.1 No Overtaking - Coolamon Scenic Dr
File No: I2023/631
Committee Recommendation 7.1.1
That the Local Traffic Committee
recommend that no change be made to the current overtaking restrictions on
Coolamon Scenic Drive. (Lyon/Dey)
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23-227
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Resolved that Council
adopts the following Recommendations:
Report No.
8.1 Toni Childs Music Video Shoot Byron Bay August 2023
File No: I2023/174
Recommendation 8.1.1
That Council receives a report to the 22 June 2023
Ordinary Council Meeting on:
a) the impacts of street
closure on Monday 7 August 2023 for the Toni Childs Music Video Production on
businesses in this locality for this length of time and the precedent that
this may set.
b) Council’s
obligations under filming legislation.
c) Options for a more
streamlined process in the future (Lyon/Dey)
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Resolutions 23-219
to 23-227 were put to the vote and carried unanimously.
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Procedural
Motion
|
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23-228
|
Resolved that
Report No. 13.6 be lifted from the table. (Lyon)
The motion was put to the vote and carried
unanimously.
|
|
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Report No. 13.6 Mayor
and Councillor Remuneration 2023/24
File No: I2023/734
|
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23-229
|
Resolved that Council:
1. Fixes
the fee payable to each Councillor under section 248 of the Local
Government Act 1993 for the period 1 July 2023 to 30 June 2024 at
$26,070.
2. Fixes
the fee payable to the Mayor under section 249 of the Local Government Act
1993, for the period from 1 July 2023 to 30 June 2024 at $64,390.
3. Not
determine a fee payable to the Deputy Mayor, in accordance with current
practice, and:
a) Prepare
a submission for the LGNSW Conference requesting that Deputy Mayors are
recognised as a separate category in remuneration
b) Continue
to make submissions to the Remuneration Tribunal for a specific allowance for
Deputy Mayors. (Ndiaye/Westheimer)
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Procedural
Motions
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23-230
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Resolved that Council move into Committee to allow for
free debate. (Ndiaye/Lyon)
The motion was put to the vote and carried unanimously.
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23-231
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Resolved that Council move out of Committee and resume the
Ordinary Meeting. (Lyon)
The motion was put to the vote and carried unanimously.
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The motion (Ndiaye/ Westheimer) was
put to the vote and carried.
Cr Dey voted against the motion.
There being no further business the meeting concluded at 4:36PM.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 22 June 2023.
….…………………………
Mayor Michael Lyon
Minutes