Minutes
Ordinary Meeting
Thursday, 28 September 2023
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
28 September 2023
The following items are listed in the order in which they were dealt with.
Report No. 13.2 Policy Commercial Activities on Coastal and Riparian Crown Reserves review
Report No. 13.8 2023-2024 Financial Assistance Grant
Report No. 13.14 Bushfire preparedness submission to NRJO
Report No. 14.2 Report of the Finance Advisory Committee Meeting held on 17 August 2023
Report No. 14.3 Report of the Audit, Risk and Improvement Committee Meeting held on 17 August 2023
Report No. 14.7 Report of the Water and Sewer Advisory Committee Meeting held on 17 August 2023
Report No. 14.8 Report of the Moving Byron Advisory Committee Meeting held on 31 August 2023
Report No. 13.13 Mullumbimby to Brunswick Heads Active Transport Link
Report No. 13.11 Byron Shire Housing Options Paper
Report No. 13.12 School/community tree-planting program on Council owned or managed land
Notice of Motion No. 9.1 Residential Strategy Consultation
Report No. 13.1 Public Interest Disclosure Policy
Report No. 13.3 Election of Deputy Mayor - 2023-2024
Report No. 13.4 Adoption of Arts and Culture Action Plan 2023 - 2026
Report No. 13.6 Grants August 2023
Report No. 13.7 NSW Treasury Corporation - Updated Council Loan Conditions
Report No. 13.9 Coastal Management Program Stage 2 technical studies for noting
Report No. 13.10 Draft Carbon Offset Procurement Policy - public exhibition feedback
Report No. 14.4 Report of the Biodiversity Advisory Committee Meeting held on 17 August 2023
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 28 September 2023
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 28 September 2023 COMMENCING AT 9:05am AND CONCLUDING AT 2:56pm.
I2023/1453
PRESENT: Cr M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh, Cr M Swivel and Cr P Westheimer
Staff: Mark Arnold (General Manager)
James Brickley (Acting Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Samuel Frumpui (Manager Works)
Ralph James (Legal Counsel)
Alex Caras (Land Use Planning Coordinator) – Report 13.11
Malcom Robertson (Manager Open Space and Facilities) – Report 13.12
Orla Seccull (Coastal and Estuary Officer) – Report 13.9
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 |
Via |
|
13.11 |
Byron Shire Housing Options Paper |
Against |
Dwayne Roberts |
Adrill Payne and Partners |
In person |
Frea Bandini |
Self |
In person |
|||
13.12 |
School/community tree-planting program on Council owned or managed land |
For |
Ray Moynihan |
Self |
In person |
13.13 |
Mullumbimby to Brunswick Heads Active Transport Link |
For |
Ellen Briggs |
Self |
In person |
Garth Luke |
Self |
In person |
|||
Against |
David Michie |
Self |
In person |
The meeting adjourned at 10.07am for a short break and reconvened at 10.32am.
There were no apologies.
Applications to Attend by Audio-Visual Link
There were no applications to attend by audio-visual link.
|
Procedural Motion |
Resolved that Cr Hunter be granted a leave of absence from the 12 October 2023 Council Planning Meeting (Lyon) The motion was put to the vote and carried unanimously. |
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary Meeting held 24 August 2023 be confirmed. (Westheimer/Ndiaye) 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
General Manager
Report No. 13.1 Public Interest Disclosure Policy
Corporate and Community Services
Report No. 13.3 Election of Deputy Mayor - 2023-2024
Report No. 13.4 Adoption of Arts and Culture Action Plan 2023 - 2026
Report No. 13.5 Council Investments - 1 August to 31 August 2023
Report No. 13.6 Grants August 2023
Report No. 13.7 NSW Treasury Corporation - Updated Council Loan Conditions
Sustainable Environment and Economy
Report No. 13.9 Coastal Management Program Stage 2 technical studies for noting
Report No. 13.10 Draft Carbon Offset Procurement Policy - public exhibition feedback
Report No. 13.11 Byron Shire Housing Options Paper
Infrastructure Services
Report No. 13.12 School/community tree-planting program on Council owned or managed land
Report No. 13.13 Mullumbimby to Brunswick Heads Active Transport Link
Sustainable Environment and Economy
Report No. 14.4 Report of the Biodiversity Advisory Committee Meeting held on 17 August 2023
Report No. 14.5 Report of the Climate Change and Resource Recovery Advisory Committee Meeting held on 29 June 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. 23-407 and concluding with Resolution No. 23-425.
Staff Reports - General Manager
Staff Reports - Corporate and Community Services
Staff Reports - Infrastructure Services
|
Report No. 13.14 Bushfire preparedness submission to NRJO File No: I2023/1365
|
Resolved that Council notes the report on bushfire preparedness. (Lyon/Hunter) |
Reports of Committees - Corporate and Community Services
Resolved that Council does not adopt Committee Recommendations 3.1 as shown in the attachment to this report, but instead adopts the Management Recommendations as follows: Report No. 3.1 Byron Shire Council Creative Public Spaces Grant 2023 -Successful Applicants
File No: I2023/1090
Management Recommendation 3.1.1 1. That the Committee notes successful applicants for the 2023 Creative Public Spaces Grant. 2. The Management recommends an increase in the budget for the Creative Public Spaces Grant of $10,000 allocated from the Public Art Budget Line (GL 2323.001). (Lyon/Hunter) |
Resolved that Council adopts the following Committee Recommendation: Report No. 5.3 2023 Interim Audit Management Letter File No: I2023/1130 Committee Recommendation 5.3.1 That the comments provided by Management in response to issues raised in the 2023 Interim Audit Management Letter (#E2023/77884) be noted by Council and the Audit, Risk and Improvement Committee. (Lyon/Hunter) |
Reports of Committees - Sustainable Environment and Economy
Staff Reports - Infrastructure Services
Resolved that Council adopts the following Committee Recommendations: Report No. 4.1 Active Transport Plan Update File No: I2023/955 Committee Recommendation 4.1.1 That Council: 1. Notes that the Active Transport Plan is still being drafted, will be integrated with previous other transport plan and it references actions in the Moving Byron strategy and will soon be recommended for public exhibition. 2. Notes that the northern route currently prioritised for the Mullumbimby to Brunswick Heads Cycleway is unlikely to proceed in the near term and that the southern route, or variations thereof, will form part of the new Active Transport plan. 3. Ensures that Planning Agreements with potential future developers in the Saddle Road area consider incorporating the bike path through the development/s and consider design and contributions (including Special Infrastructure Contributions) supporting the route in part 2 above. 4. Ensures that Moving Byron Committee receive further report at its next meeting to further consider the draft Active Transport Plan. (Lyon/Hunter) |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.13, 13.11, and 13.12 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
Staff Reports - Infrastructure Services
|
Procedural Motion |
Resolved that the motion (Report 13.13) be put. (Lyon) The motion was put to the vote and carried unanimously. |
The motion (Westheimer/ Dey) was put to the vote and carried.
Cr Hunter voted against the motion.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.11 Byron Shire Housing Options Paper File No: I2023/1388
|
1. Notes its previous Resolutions 22-247 Residential Strategy Refresh, 22-739 After the Floods Discussion Paper, 23-165 IPC and Short-Term Rental Accommodation and 23-315 Housing Targets Commitment Department of Planning as they relate to and inform the Housing Options Paper and Residential Strategy Refresh process. 2. Confirms its support for the preferred ‘housing options’ of infill, new release, existing zoned vacant land and living differently that are required to meet the State Government housing targets (Resolution 23-315) as presented in the Housing Options Paper (Attachment 1 #E2023/95937) for each locality. 3. Supports the period for public comment on the Housing Options Paper (Attachment 1 #E2023/95937) from 9 October 2023 to 6 November 2023. 4. To support 1 and 2 above, have staff write to the Minister for Planning requesting a relaxation/variation to the current requirements of Ministerial Direction 9.4 Farmland of State and Regional Significance on the NSW Far North Coast as it applies to those lands identified in the Housing Options Paper consistent with the NSW Flood Inquiry Action 24. This is necessary to facilitate planning proposals for this land to meet Council’s housing target response to the Minister for Planning under Resolution 23-315. 5. Notes that a submissions report on the Housing Options Paper public comment period will be presented back to Council in December 2023. 6. Notes that one of the Affordable Housing Contribution Policy requirements for any land upzoned through inclusion in the Residential Strategy (including those lands in the State Government Resilient Lands Strategy), is that such land will also be included in an Affordable Housing Contribution Scheme to help deliver affordable housing for our community as deemed appropriate and fit for circumstances. 7. Notes that staff intend to commence feasibility assessments of all new release area lands identified in the Housing Options Paper, as a precursor for inclusion in the Residential Strategy Refresh and new Affordable Housing Contribution Scheme No 2 for Byron Shire. 8. Notes its previous Resolution 23-303 Resilient Lands Strategy and reiterates in writing to the Reconstruction Authority, Council’s preference for a tripartite agreement between the Reconstruction Authority, landowner/developer, and Council about any future rezoning, masterplanning and infrastructure provision for the short-and medium-term Byron Shire resilient growth sites in the Resilient Lands Strategy. 9. a) Further investigates additional land identified by land holders for potential inclusion in the Strategy, including but not limited to the land identified in Buckleys Road Tyagarah, 75 New City Road Mullumbimby and 64 Corkwood Crescent Suffolk Park. b) Further investigates all Council owned land including the property on Vallances Road and any depot or other Council owned, flood free land. 10. Requests that the Housing and Affordability Advisory Committee receives a report from staff on the North Coast Housing Affordability Roundtable meeting. (Lyon/Swivel) |
|
Procedural Motions |
Resolved: that Cr Lyon be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
Resolved that Cr Coorey be granted a two minute extension to her 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. |
Resolved that Cr Westheimer be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
Resolved that Cr Dey be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
The motion (Lyon/ Swivel) was put to the vote and carried unanimously.
Staff Reports - Infrastructure Services
The meeting adjourned at 12.58pm for a lunch break and reconvened at 1.46pm.
|
Notice of Motion No. 9.1 Residential Strategy Consultation File No: I2023/1399
|
Cr Hunter withdrew Notice of Motion 9.1 – Residential Strategy Consultation.
There was no Mayoral Minute.
There were no petitions tabled.
Cr Dey gave a delegate’s report on the Bushfire Committee.
Staff Reports - General Manager
Staff Reports - Corporate and Community Services
The Returning Officer announced that one nomination had been received. Cr Ndiaye was declared elected unopposed.
Staff Reports - Sustainable Environment and Economy
Cr Coorey left the Chambers at 2:39pm and did not return.
Reports of Committees - Sustainable Environment and Economy
There being no further business the meeting concluded at 2:56pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 26 October 2023.
….…………………………
Mayor Michael Lyon