Minutes
Ordinary Meeting
Thursday, 25 May 2023
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
25 May 2023
The following items are listed in the order in which they were dealt with.
Report No. 13.3 Budget Review - 1 January 2023 to 31 March 2023
Report No. 13.4 Council Investments - 1 April 2023 to 30 April 2023
Report No. 13.5 Grants March 2023
Report No. 13.8 Compliance Priorities Program Report 2022
Report No. 13.10 Former South Byron Sewage Treatment Plant – Project Update
Report No. 14.2 Report of the Business and Industry Advisory Committee Meeting held on 30 March 2023
Report No. 14.3 Report of the Heritage Advisory Committee Meeting held on 20 April 2023
Report No. 14.4 Report of the Biodiversity Advisory Committee Meeting held on 20 April 2023
Notice of Motion No. 9.2 School/community tree-planting program on Council owned or managed land
Report No. 13.9 Compliance Resourcing and Priorities
Notice of Motion No. 9.1 Nature Repair Market Bill
Notice of Motion No. 9.3 Setting the Shire’s minimum rate
Notice of Motion No. 9.4 CONFIDENTIAL - Council-owned land in Belongil
Mayoral Minute No. 10.1 South Beach Lane parking
Petition No. 11.1 Illegal camping in Brunswick Heads
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
Report No. 13.7 Proposed Wildlife Protection Area - 'Old New Brighton Road, Ocean Shores'
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
Report No. 14.5 Report of the Infrastructure Advisory Committee Meeting held on 20 April 2023
Report No. 16.1 Report of the Local Traffic Committee Meeting held on 16 May 2023
Report No. 13.6 Mayor and Councillor Remuneration 2023/24
BYRON SHIRE COUNCIL
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.
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 |
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.
Cr Coorey was an apology in accordance with her prior approved leave of absence.
|
Procedural Motion |
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
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
Staff Reports - Sustainable Environment and Economy
Staff Reports - Infrastructure Services
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
|
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) |
|
Procedural Motion |
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
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.9 Compliance Resourcing and Priorities File No: I2023/713
|
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 |
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.
Cr Swivel left the Chambers at 12:04pm.
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 |
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 |
Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and carried unanimously. |
|
Procedural Motion |
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 |
Resolved that the meeting move out of confidential session. (Lyon) The motion was put to the vote and carried unanimously. |
|
Procedural Motion |
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.
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. 13.6 Mayor and Councillor Remuneration 2023/24 File No: I2023/734
|
|
Procedural Motions |
Resolved that Cr Ndiaye be granted a two-minute extension to her speech. (Lyon) The motion was put to the vote and carried unanimously. |
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
Staff Reports - Infrastructure Services
|
Procedural Motions |
Resolved that Cr Swivel be granted a two-minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
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
Reports of Committees - Infrastructure Services
Resolutions 23-216 to 23-218 were put to the vote and declared carried unanimously.
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) |
Resolutions 23-219 to 23-227 were put to the vote and carried unanimously.
|
Procedural Motion |
Resolved that Report No. 13.6 be lifted from the table. (Lyon) The motion was put to the vote and carried unanimously. |
|
Procedural Motions |
Resolved that Council move into Committee to allow for free debate. (Ndiaye/Lyon) The motion was put to the vote and carried unanimously. |
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 (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