Minutes
Ordinary Meeting
Thursday, 22 February 2024
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
22 February 2024
The following items are listed in the order in which they were dealt with.
Report No. 13.1 Request to change market date
Report No. 13.3 Policies for Review
Report No. 13.5 Budget Review - 1 October 2023 to 31 December 2023
Report No. 13.6 Council Investments - 1 December 2023 to 31 December 2023.
Report No. 13.9 Council Investments - 1 January 2024 to 31 January 2024
Report No. 14.1 Report of the Finance Advisory Committee Meeting held on 16 November 2023
Report No. 14.3 Report of the Moving Byron Advisory Committee Meeting held on 12 December 2023
Report No. 14.4 Report of the Local Traffic Committee Meeting held on 20 December 2023
Report No. 13.2 Grants January 2024
Report No. 13.10 2023 Environment and Safety Priorities Program
Report No. 13.15 Tyagarah Clothing Optional Beach
Report No. 13.11 Next Place Plan - Scope, Program and Budget
Notice of Motion No. 9.1 Collaboration and financing to deal with Fire Ants
Petition No. 11.1 Options for dog exercise areas near Linda Vidler Park
Report No. 13.4 YouthSay 2023 Report Back
Report No. 13.7 Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2023
Report No. 13.13 Update Resolution 23-056 Short Term Rental Accommodation Consent Conditions
Report No. 13.16 New Brighton - Parking Improvements Investigation
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 22 February 2024
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 22 February 2024 COMMENCING AT 9.09am AND CONCLUDING AT 3.28pm
I2024/239
PRESENT: Cr M Lyon (Mayor), Cr S Balson (left at 1:30pm), 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)
Heather Sills (Manager Corporate Services)
Sarah Nagel (Manager Public and Environmental Services) – Item 13.10
Sharyn French (Manager Sustainable Environment and Economy) – Item 13.11
Jess Cutter (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.
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Procedural Motion |
Resolved that a representative of the Daily Telegraph be permitted to conduct audio-visual recording during Item 13.15 of Public Access in the 22 February 2024 Ordinary Council Meeting. (Lyon/Swivel) The motion was put to the vote and carried unanimously Cr Pugh was not present for the vote. |
Cr Pugh joined the meeting at 9:12am.
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 |
|
13.2 |
Grants January 2024 |
Against |
Lydia Kindred |
Northern Rivers Railway |
In person |
13.5 |
Budget Review – 1 October 2023 to 31 December 2023 |
Against |
Moritz Engling |
Self |
In person |
13.10 |
2023 Environment and Safety Priorities Program |
Against |
Angela Dunlop |
Self |
In person |
13.11 |
Next Place Plan - Scope, Program and Budget |
For |
Kim Dowling |
North Byron Business Chamber |
Audio recording |
13.15 |
Tyagarah Clothing Optional Beach |
For |
Christopher Moyes/Ebony Eagles |
Self |
In person
|
Gwen Gould |
Self |
||||
Against |
Bradley Benham & Jessa O’Brien |
Byron Naturists
|
|
Procedural Motion |
Resolved that Public Access be extended until 11.00am. (Lyon) The motion was put to the vote and carried unanimously. |
Report No and Title |
For/ Against |
Name |
Representing |
Via |
|
17.1 |
Late Report as per Res 24-019 - Deferral of Notice of Motion 9.3 from 8 February 2024 Ordinary (Planning) Meeting 'Interim Heritage Order on works proposed and imminent at 15 Torakina Road (Wallum Estate) in Bayside Brunswick' |
For |
Tweed Byron Local Aboriginal Land Council (Leweena Williams – CEO) |
Tweed Byron Local Aboriginal Land Council (Leweena Williams – CEO)
|
In person |
Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) |
Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) |
Read by staff |
Submissions
Subject |
Name |
Representing |
Via |
Development on Floodplains |
Peter McGill |
Self |
In person |
Community consultation process around the Wallum site |
Lila Allison |
Self |
In person |
Planned road work Bayshore Drive |
Ann Bernice Reed |
Self |
In person |
The meeting adjourned at 11.00am for break and reconvened at 11.20am.
|
Procedural Motion |
Resolved that the apology from Cr Coorey be accepted and a leave of absence granted from the 22 February 2024 Ordinary Council meeting. (Lyon/Balson) The motion was put to the vote and carried unanimously. |
Applications to Attend by Audio-Visual Link
There were no applications to attend by audio-visual link.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no Declarations of Interest.
Tabling of Pecuniary Interest Returns
In accordance with clause 440AAB of the Local Government Act and clause 4.22 of the Code of Conduct for Staff, the Mayor tabled a Primary Return of Interests for Robbie Tall in the temporary position of Development Support Officer (Assistant Planner).
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary Meeting held 14 December 2023 be confirmed. (Swivel/Lyon) 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
Corporate and Community Services
Report No. 13.2 Grants January 2024
Report No. 13.4 YouthSay 2023 Report Back
Report No. 13.7 Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2023
Sustainable Environment and Economy
Report No. 13.10 2023 Environment and Safety Priorities Program
Report No. 13.11 Next Place Plan - Scope, Program and Budget
Report No. 13.13 Update Resolution 23-056 Short Term Rental Accommodation Consent Conditions
Report No. 13.14 PLANNING - 26.2023.5.1 Planning Proposal for 68 Rankin Drive, Bangalow - Rezone land for Housing and to activate the dedication of land to Council for Affordable Housing under the Byron Shire Affordable Housing Contribution Scheme
Infrastructure Services
Report No. 13.15 Tyagarah Clothing Optional Beach
Report No. 13.16 New Brighton - Parking Improvements Investigation
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Lyon and seconded by Cr Westheimer. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 24-029 and concluding with Resolution No. 24-048.
Staff Reports - General Manager
staff reports - Corporate and Community Services
|
Report No. 13.8 Delivery Program 6-monthly Report and Operational Plan 2023/24 - Q2 - to December 2023 File No: I2024/127
|
1. Notes the 2023/24 Operational Plan Quarter 2 Report for the period ending 31 December 2023 (Attachment 1 #E2024/6355). 2. Adopts
the proposed amendments to the Operational Plan 2023/24 outlined in
Attachment 2 (#E2024/3281). |
Staff Reports - Sustainable Environment and Economy
Reports of Committees - Corporate and Community Services
Reports of Committees – Infrastructure services
Resolved that Council adopts the following Committee Recommendation: Report No. 4.1 Kolora Way - Alternative Scope of Works File No: I2023/1391
Committee Recommendation 4.1.1 1. That Council proceeds with the long term project as originally resolved for a separate cycle/pedestrian bridge on the north side of Kolora Way at Yelgun Creek including the likelihood of an EIS. 2. That Council arranges a temporary cycle/pedestrian lane on the north side of the existing bridge and use the south lane for priority controlled traffic with No Passing. 3. That Council commences the Helen Street bridge repair after the works in point 2 above are in operation. (Lyon/Westheimer). |
Late Reports
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.2, 13.10, 13.11 and 13.15 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
Staff Reports - Corporate and Community Services
Staff Reports – sustainable environment and economy
|
Report No. 13.10 2023 Environment and Safety Priorities Program File No: I2024/39
|
1. Acknowledges the work of the Public and Environmental Service Team. 2. Notes the report on the 2023 Environment and Safety Priorities Program. 3. Adopts the proposed ‘Environment and Safety Priorities Program’ for 2024 as provided below to support the adopted compliance resourcing approach:
It then prioritises its response to all other matters in accordance with the following categories: a. 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 b. Other activities which require a routine response during strategic/regular duties. 4. Holds an online meeting with private certifiers operating within the Byron Shire to identify operational areas of concern and to review the Building Information Certificate policy for consistency with the Department’s practice note. 5. Following the meeting with private certifiers or by 20 April 2024, whichever is sooner, writes to the NSW Building Commissioner advising of its concerns with private certification, seeking a review of the regulation of Private Certifying Authorities in NSW. 6. Shares with Councillors any response to part 5. (Hunter/Lyon) The motion was put to the vote and carried unanimously. |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Report 13.15 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
Staff Reports - infrastructure Services
|
Procedural Motions |
Resolved that Council move into Committee to allow for free debate. (Swivel/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 (Dey/Lyon) was put to the vote and carried.
Crs Westheimer and Ndiaye voted against the motion.
The meeting adjourned at 1.30pm for a lunch break and reconvened at 2.12pm.
Cr Balson did not return after lunch.
Staff Reports – sustainable environment and economy
|
Procedural Motion |
Resolved that Council changes the order of business to deal with Report 13.14 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
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Report No. 13.14 PLANNING - 26.2023.5.1 Planning Proposal for 68 Rankin Drive, Bangalow - Rezone land for Housing and to activate the dedication of land to Council for Affordable Housing under the Byron Shire Affordable Housing Contribution Scheme File No: I2024/67
|
1. Notes that the planning proposal in Attachment 1 is the first to activate the Byron Shire Affordable Housing Contribution Scheme, therefore once finalised will: a) be the first inclusion of land in the Affordable Housing Contribution Scheme – LEP 2014 Map; and b) result in the dedication of land to Council for affordable housing as part of any future subdivision approval of the land; c) facilitate the provision of affordable housing to meet the needs of very low, low and moderate income households; d) provide for dwellings that will be managed so as to maintain continued use as affordable rental housing. 2. Proceeds with the planning proposal (Attachment 1) which seeks to: a) amend the Byron LEP 2014 to rezone Lot 261 DP1262316 & Lot 11 DP807867 in Bangalow to extend the existing R2 Low Density Residential Zone and include an R3 Medium Density Residential Zone.
3. Forwards the planning proposal to the Department of Planning, Housing and Infrastructure for a Gateway Determination after making the following updates: a) inclusion of Floor Space Ratio map applying the following planning controls to the subject land: b) inclusion of Affordable Housing Contribution Scheme Map identifying the subject land as an “Affordable housing contribution area”. 4. Pending a positive Gateway determination, undertakes public exhibition of the planning proposal in accordance with the determination requirements; and 5. Considers a submissions report post-exhibition that includes any recommended changes to the planning proposal for final adoption. (Pugh/Lyon) The motion was put to the vote and carried unanimously. |
There was no Mayoral Minute.
Cr Lyon and Cr Ndiaye gave a Delegate’s Report on a meeting with the Minister for Local Government, Ron Hoenig on 20 February 2024.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
Staff Reports - Infrastructure Services
There being no further business the meeting concluded at 3.28pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 28 March 2024.
….…………………………
Mayor Michael Lyon