Minutes
Ordinary Meeting
Thursday, 23 May 2024
Ordinary Meeting Minutes
23 May 2024
INDEX OF ITEMS DISCUSSED
The following items are listed in the order in which they were dealt with.
Report No. 13.5 2023/24 Operational Plan Report - Quarter 3 - March 2024
Report No. 13.6 Council Investments - 1 April 2024 to 30 April 2024
Report No. 13.7 Revised 2023/24 Loan Borrowing Program and Loan Refinancing
Report No. 13.12 Update Resolution 23-056 Short Term Rental Accommodation Consent Conditions
Report No. 13.14 Investigation into Natural Burial Grounds
Report No. 13.15 RFT2023-2037 Marvell Hall - Capital Works + Asbestos Removal
Report No. 13.19 Coastal Light Management Plan
Report No. 16.1 CONFIDENTIAL - Expenditure on Consultants & Conflicts of Interest
Report No. 14.1 CONFIDENTIAL - General Manager Performance Agreement - Half Yearly Report
Report No. 13.8 Bangalow Heritage House Options Study
Report No. 13.11 Burringbar Street Mullumbimby - Concept Design - Submissions and Directions Report
Report No. 13.18 New Brighton - Parking Improvements Investigation
Notice of Motion No. 9.3 Petria Thomas Pool Heating
Notice of Motion No. 9.5 Building Heights Wategos
Notice of Motion No. 9.1 Mayor's Discretionary Allowance
Notice of Motion No. 9.2 Byron LGA Conservation Trust
Notice of Motion No. 9.4 Save Palestine
Notice of Motion No. 9.7 Alleged anti-social behaviour and crime in Bangalow
Report No. 13.2 Grants April 2024
Report No. 13.3 Council Resolutions Quarterly Review - Q3 - 1 January to 31 Mach 2024
Report No. 13.4 Budget Review - 1 January 2024 to 31 March 2024
Report No. 14.2 Report of the Moving Byron Advisory Committee Meeting held on 11 April 2024
Report No. 16.2 CONFIDENTIAL - Update on Resolution 23-300: 57 Station Street, Mullumbimby
Report No. 13.17 Renaming Hottentot Crescent, Mullumbimby
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 23 May 2024
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 23 May 2024 COMMENCING AT 9.09AM AND CONCLUDING AT 6:33PM.
I2024/790
PRESENT: Cr M Lyon (Mayor), Cr S Balson (left at 5:23PM), Cr D Dey, Cr A Hunter, Cr S Ndiaye, Cr A Pugh (left at 5:05PM), 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)
Matt Meir (Legal Counsel)
Chris Larkin (Manager Sustainable Environment and Economy)
Heather Sills (Manager Corporate Services)
Geeta Cheema (Manager Social and Cultural Planning) – item 13.8
James Brickley (Manager Finance) – Item 13.4
Chris Soulsby (Manager Assets and Major Projects) – Item 13.4
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.
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 |
Name |
For/ Against |
Representing Organisation |
Via |
|
4.1 |
Notice of Recission Motion No. 4.1 PLANNING – DA 10.2023.491.1 – Dual Occupancy (detached) – 541 Federal Drive, Federal |
Martin Bail |
Against |
Self |
In person |
9.3 |
Petria Thomas Pool Heating |
Shlomo Sarusi |
For |
Self |
Read by staff |
Rebecca McNaught |
Self |
Read by staff |
|||
13.8 |
Bangalow Heritage House Options Study |
Trisha Bleakley |
For |
Bangalow Historical Society Inc |
In person |
13.9 |
Bluesfest - 35 Yarun Road, Tyagarah - Compliance with Condition 53 - Small 5 Events Noise limitations under DA10.2014.753.1 |
Nadja Konietzko, Peter Noble and Jodi Sharpe |
For |
Bluesfest Byron Bay |
In person |
13.11 |
Burringbar Street Mullumbimby - Concept Design - Submissions and Directions Report |
Anne Stuart |
Against |
Zero Emissions Byron |
In person |
Elle Davidson |
Mullum Place Planning Collective |
Pre-recorded video |
|||
13.18 |
New Brighton – Parking Improvements Investigation |
Kathy Norley |
For |
South Golden Beach Community Association |
In person |
Vivienne Pearson |
Against |
Self |
In person |
||
14.1 |
Report of the Floodplain Management Advisory Committee Meeting held on 13 February 2024 |
Kathy Norley |
Against |
South Golden Beach Community Association |
In person |
Matthew Lambourne |
Self |
In person |
Submissions
Subject |
Name |
Representing Organisation |
Via |
Lack of public transport options for residents in Ocean Shores on Sundays compared to other areas in the Byron Shire |
Adam Luck |
Self |
In person |
A petition was tabled that will be provided to the next meeting of Council.
Public Access continued
Report No and Title |
Name |
For/ Against |
Representing Organisation |
Via |
|
9.5 |
Building Heights Wategos |
Miranda Chance and Oliver Dunne |
For |
Wategos Beach Protection Association |
In person |
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
Cr Sarah Ndiaye declared a not significant non-pecuniary interest in Report 13.9 (Bluesfest - 35 Yarun Road, Tyagarah - Compliance with Condition 53 - Small 5 Events Noise limitations under DA10.2014.753.1). The nature of the interest being that she worked on the Bluesfest site at the most recent event.
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 18 April 2024 be confirmed. (Lyon/Westheimer) 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. 13.2 Grants April 2024
Report No. 13.3 Council Resolutions Quarterly Review - Q3 - 1 January to 31 Mach 2024
Report No. 13.4 Budget Review - 1 January 2024 to 31 March 2024
Report No. 13.8 Bangalow Heritage House Options Study
Sustainable Environment and Economy
Report No. 13.9 Bluesfest - 35 Yarun Road, Tyagarah - Compliance with Condition 53 - Small Events Noise limitations under DA10.2014.753.1
Report No. 13.11 Burringbar Street Mullumbimby - Concept Design - Submissions and Directions Report
Report No. 13.13 PLANNING - 10.2020.109.4 - Section 4.55 to Stage 9 for Removal of Existing Exotic and Native Trees to Allow for Construction of Approved Roads and Earthworks, Relocation of Inter-allotment Drainage and Sewer Services and Easement Modifications and Deletion of Local Open Space and Recreation S7.11 Contributions - 86 Tuckeroo Avenue Mullumbimby
Infrastructure Services
Report No. 13.17 Renaming Hottentot Crescent, Mullumbimby
Report No. 13.18 New Brighton - Parking Improvements Investigation
Infrastructure Services
Report No. 14.1 Report of the Floodplain Management Advisory Committee Meeting held on 13 February 2024
Report No. 14.2 Report of the Moving Byron Advisory Committee Meeting held on 11 April 2024
Confidential Reports
Sustainable Environment and Economy
Report No. 16.2 Confidential - Update on Resolution 23-300: 57 Station Street, Mullumbimby
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. 24-204 and concluding with Resolution No. 24-218.
STAFF Reports – GENERAL MANAGER
STAFF Reports - Corporate and Community Services
STAFF Reports – SUSTAINABLE ENVIRONMENT AND ECONOMY
STAFF Reports – Infrastructure services
|
Report No. 13.19 Coastal Light Management Plan File No: I2024/558
|
Resolved that Council adopts the Byron Shire Coastal Light Management Plan (#E2024/37323). (Lyon/Westheimer) |
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.8, 13.9, 13.11, 13.18, 14.1, 9.3 and 9.5 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
STAFF Reports – CORPORate services
AMENDMENT
Moved that Council:
1. Enables the Lessee, Bangalow Historical Society, to continue to occupy the Premises after the expiry of the current lease on 30 June 2024, under the allowable monthly holding over tenancy provisions, and
2. Receives a further report on the financial viability of Option 2 Kitchen Relocation, to include rental valuation of the proposed commercial café, and on the cost of the works and maintenance expected over the next five years
3. Express its support for ensuring that Bangalow Heritage House and the surrounding area is activated for the community and remains financially and physically sustainable into the future. Any income raised from point 2 above would be used to achieve these goals.
4. Discusses the following with the Bangalow Historical Society:
a) any proposals they may have on how to achieve the goals in Part 3 above;
b) improving security of tenure for the coffee cart near the building;
c) the inclusion of First Nations history (both recent and earlier) in its exhibits. (Dey/Ndiaye)
The amendment was put to the vote and declared lost.
Crs Lyon, Westheimer, Pugh, Balson and Hunter voted against the amendment.
The motion (Pugh/Lyon) was put to the vote and declared carried unanimously.
STAFF Reports – Sustainable Environment and economy
Cr Ndiaye returned to the Chambers at 12:35 pm.
STAFF Reports – INFRASTRUCTURE SERVICES
|
Report No. 13.18 New Brighton - Parking Improvements Investigation File No: I2024/552
|
|
1. Re-prioritises traffic flow at the intersection of The Esplanade and The Strand Avenue and installs signage accordingly, as per concept drawing attachment 3 (E2024/23226).
2. Does not proceed with the expanded parking arrangements that were put forward in recent public consultation for New Brighton.
3. Instead focuses on repair, and then on maintenance of roadways in New Brighton, based on current roadway and parking layouts and taking into account ideas presented in Public Access at Council’s meeting on 23 May and listed under areas 1 to 7.
4. Considers limits to parking such as bollards on the western side of River Street New Brighton to stop erosion and sediment movement into Marshalls Creek, which is part of the Marine Parks estate. (Dey/Balson) |
|
Procedural MotionS |
Resolved that Cr Hunter be granted a on two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
Resolved that Cr Lyon be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
AMENDMENT
The meeting adjourned for lunch at 1.25pm.
The meeting re-commenced at 2.10pm.
Reports of Committees – Infrastructure Services
Resolved that Council adopts the following Committee and Management additional recommendations that: 1. Council acknowledges that Rebecca Brewin and Ziwar Sattouf have resigned from the Committee effective immediately. 2. The Committee has decided not to advertise the position. (Lyon/Westheimer) |
AMENDMENT:
Moved:
1. That Council notes the minutes of the Floodplain Management Advisory Committee Meeting held on 13 February 2024.
2. That Council does not adopt Committee Recommendation(s) 4.1 as shown in the attachment to this report, but instead adopts the Recommendation(s) as follows:
Report No. 4.1 Floodplain Management Advisory Committee Goals for 2024.
That:
1. The Floodplain Management Advisory Committee notes the report.
2. Council includes an assessment of an option which is the removal of Myokum Street embankment, and increase of Jubilee Avenue culvert capacity, in the technical brief of the future North Byron Flood study, and associated risk management study and plan. (This is part of item 12 in the action list).
3. Council makes Flood Certificate information publicly available for all properties covered by suitable floodplain plans.
3. That Council adopts the following Committee and Management Recommendation(s):
Report No. 4.2 Community Education Strategy and Review of Flood Options - Project Update
Committee Recommendation 4.2.1
That the Floodplain Management Advisory Committee:
1. Notes the update on the ‘Community Education Strategy and Review of Flood Options’ project which focusses on the Northern Byron Shire communities.
2. Recommends that the DCCEEW be requested to commission animation graphic models of the 2022 flood event and provide to Council to assist in future community engagement.
4. That Council does not adopt Committee Recommendation(s) 4.3 as shown in the attachment to this report, but instead adopts the Recommendation(s) as follows:
Report No. 4.3 Post 2022 Event Flood Behaviour Analysis - Brunswick River - Final Draft Report - September 2023-NSW Department of Planning & Environment
1. That The Flood Advisory Committee notes that DCCEEW has issued its “Post 2022 Event Flood Behaviour Analysis - Brunswick River - Final Report”.
2. That Council receive a report on guidance from the North coast settlement planning guidelines 2019, about not developing areas either where the land is flood prone at 1% AEP, or where there is no evacuation route.
3. That Council receive a report on ways of including 2022 flood experiences into our development systems, including consideration of using the higher of two sets of levels, as the basis for determining flood planning levels: 1. Levels from the three adopted FPMS&P; 2. Levels from a peak water surface established from community data throughout the floodplains (peak levels February and March 2022).
5. That Council adopts the following Committee and Management Recommendations that:
1. Council acknowledges that Rebecca Brewin and Ziwar Sattouf have resigned from the Committee effective immediately.
2. The Committee has decided not to advertise the position (Dey/Ndiaye)
|
Procedural Motion |
Resolved that Cr Dey be granted a one minute extension to his speech. (Lyon) The motion was put to the vote and carried unanimously. |
The amendment was put to the vote and declared lost.
Crs Hunter, Pugh, Balson, Westheimer, Lyon, and Swivel voted against the amendment.
The motion (Lyon/Westheimer) was put to the vote and declared carried.
Crs Ndiaye and Dey voted against the motion.
Cr Ndiaye requested a recount.
The motions 24-226 to 24-230 were put to the vote and declared carried.
Cr Dey voted against the motion.
FORESHADOWED MOTION
|
Notice of Motion No. 9.1 Mayor's Discretionary Allowance File No: I2024/690
|
1. Confirms the following donations from the Mayor’s Discretionary Allowance 2023/2024: a) $500 – Brunswick Valley Landcare’s Mother’s Day Tree Planting Event b) $500 – Environmental prize for C.A.S.E’s Postcard Event c) $500 – Sponsorship of Kaleido’s Mullumbimby Laneways Event 2. Advertises the donations in accordance with Section 356 of the Local Government Act 1993. (Lyon/Ndiaye) The motion was put to the vote and carried unanimously. |
|
Notice of Motion No. 9.2 Byron LGA Conservation Trust File No: I2024/691
|
1. Explores, at a Councillor workshop in Q1 2025, options for facilitating the creation of a Conservation Trust to Council within 12 months of this Resolution, using a similar model to the Byron Shire Council-Led Land Trust including a company limited by guarantee structure.
2. Considers: a) Establishing a Conservation Trust whose task it is to identify and manage land with high ecological value within the LGA for the purpose of long-term habitat conservation, regeneration and rewilding. b) Engaging with local First Nations stakeholders including the Tweed Byron Local Land Council and Arakwal Corporation to inform the establishment of a Conservation Trust. c) Engaging with other key stakeholders including local members of state and federal parliaments, and Bush Heritage Australia, to inform the establishment of a Conservation Trust.
3. Notes the role of the Minister and the constraints on Council in creating any entity under Section 358 of the Local Government. (Swivel/Ndiaye) |
Cr Balson left the Chambers at 4:16pm.
|
Procedural Motion |
Resolved that Cr Swivel be granted a two minute extension to his speech. (Lyon) The motion was put to the vote and carried. Cr Balson was absent for the vote. |
Cr Balson returned to the Chambers at 4:20pm.
AMENDMENT
The amendment was put to the vote and declared lost.
Crs Lyon, Ndiaye, Swivel, Pugh, Hunter, and Balson voted against the amendment.
The motion (Swivel/ Ndiaye) was put to the vote and declared carried unanimously.
|
Notice of Motion No. 9.4 Save Palestine File No: I2024/710
|
|
There was no Mayoral Minute.
Cr Lyon noted the following meetings and events he had attended:
· Northern Rivers Joint Organisation Electric Vehicle Day
· Meetings with Reconstruction Authority and Northern Rivers Joint Organisation on the Regional Vision Masterplan
· Rous County Council Meeting
· ANZAC Day Ceremony in Byron Bay
· Housing Roundtable with Minister Rose Jackson
· Mullum Laneway Festival
· Lismore Living Lab exhibition
· Northern Rivers Housing Forum
· Destination Byron Board Meeting
· Local Government Rural and Regional Summit
· Country Mayors Association Meeting
Cr Pugh noted he attended the formal opening of Beacon Laundry in Bangalow attended by Prime Minister Anthony Albanese.
Staff Reports - Corporate and Community Services
Cr Pugh left the Chambers at 5:05PM and did not return.
The motion (Dey/ Lyon) was put to the vote and carried unanimously.
Cr Pugh was absent for the vote.
Cr Balson left the Chambers at 5:23PM and did not return.
The motion (Westheimer/ Dey) was put to the vote and carried unanimously.
Cr Pugh and Balson were absent for the vote.
|
Procedural MotionS |
Resolved that Council move into Committee to allow for free debate. (Lyon) The motion was put to the vote and declared carried. Crs Pugh and Balson were absent for the vote. |
Resolved that Council move out of Committee and resume the Ordinary Meeting. (Lyon) The motion was put to the vote and declared carried. Crs Pugh and Balson were absent for the vote. |
AMENDMENT
The amendment was put to the vote and declared a tie.
Crs Dey, Ndiaye and Westheimer voted against the amendment.
Crs Pugh and Balson were absent for the vote.
The Mayor used his casting vote and the amendment was declared lost.
The motion (Westheimer/ Ndiaye) was put to the vote and declared carried unanimously.
Crs Pugh and Balson were absent for the vote.
Staff Reports - Sustainable Environment and Economy
The motion (Dey/Ndiaye) was put to the vote and declared lost.
Crs Dey and Ndiaye voted in favour of the motion.
Crs Swivel, Lyon, Westheimer and Hunter voted against the motion.
Crs Pugh and Balson were absent for the vote.
FORESHADOWED MOTION
Resolved that pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2020.109.4, for S4.55 to Stage 9 for removal of existing exotic and native trees to allow for construction of approved roads and earthworks, relocation of inter-allotment drainage and sewer services and easement modifications and deletion of Local Open Space and Recreation S7.11 Contributions, be approved by modifying development consent number 10.2020.109.1 in accordance with Attachment 1 Recommended Amended Conditions of Consent. (Lyon/Westheimer) |
The motion was put to the vote and declared carried unanimously.
Crs Dey, Swivel, Ndiaye, Lyon, Westheimer, and Hunter voted in favour of the motion.
Nil voted against the motion.
Crs Pugh and Balson were absent for the vote.
COMMITTEE Reports – infrastructure services
|
Report No. 14.2 Report of the Moving Byron Advisory Committee Meeting held on 11 April 2024 File No: I2024/576
|
Resolved that Council notes the minutes of the Moving Byron Advisory Committee Meeting held on 11 April 2024. (Westheimer/Lyon) |
Resolved that Council adopts the following Committee Recommendations: Report No. 4.1 Burringbar Street Draft Concept Design File No: I2024/326
Committee Recommendation 4.1.1 1. That the Moving Byron Committee, note the Draft Concept Design – Attachment 1 (E2024/16870) and Street Sections for Burringbar Street. 2. That Council commence the processes towards heavy vehicle and all vehicle bypass routes through Mullumbimby. (Westheimer/Lyon) |
Resolved that Council adopts the following Committee Recommendations: Report No. 4.2 Infrastructure Services Projects Update File No: I2024/457 Committee Recommendation 4.2.1 1. That the committee notes the report, and notes that the design for the second grant application, recognises that from Mullumbimby to Byron Bay, the rail trail will be off formation (in accordance with resolution 23-360). 2. That Council makes a submission to the Gold Coast Airport to include the following point: the masterplan should incentivise ground transport that preferences collective travel including public transport to and through Byron Shire. 3. That Council asks NRJO, to make a submission on behalf of the Northern Rivers region regarding public transport options south of the Gold Coast airport. 4. That Council recognises the value in identifying evacuation centres, prior to planning evacuation routes (Westheimer/Lyon) The motion was put to the vote and carried unanimously. |
Resolved that Council adopts the following Committee Recommendation: Report No. 4.3 Active Transport Plan Update File No: I2024/533
Committee Recommendation 4.3.1 That the Moving Byron Advisory Committee support the Active Transport Plan and Active Transport mapping being released for community consultation.(Westheimer/Lyon) |
The motions (22-246 to 24-249) were put to the vote and carried unanimously.
|
Procedural Motion |
Resolved that Council change the order of business to deal with Reports 16.2 next on the Agenda. (Lyon) The motion was put to the vote and carried unanimously. |
Confidential Reports - Sustainable Environment and Economy
|
Report No. 16.2 Confidential - Update on Resolution 23-300: 57 Station Street, Mullumbimby File No: I2024/611
|
1. That pursuant to Section 10A(2)(c), (d)i and (d)ii of the Local Government Act, 1993, Council resolves to move into Confidential Session to discuss the report 57 Station Street, Mullumbimby. 2. That the reasons for closing the meeting to the public to consider this item be that the report contains: a) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it c) information that would, if disclosed, confer a commercial advantage on a competitor of the council 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: It contains commercial in confidence information. (Lyon/Westheimer) The motion was put to the vote and carried. Cr Dey voted against the motion.
|
1. Notes the update to Resolution 23-300 (item 2) on the progress of the request for proposal (RFP) process outlined in this report. 2. Sells the land identified as lots 6, 7 and 8 in DP 2772 (together known as 57 Station Street, Mullumbimby (the Land)) to the project’s preferred community housing provider. 3. Proceeds with Resolution part two, subject to Council entering a contract for sale for the Land on terms satisfactory to it, including a covenant registered on the title that: a) the land is only used for the purpose of affordable housing; and b) requires the land be transferred back to Council if the land ceases to be used for the purpose of affordable housing. (Lyon/Ndiaye) The motion was put to the vote and carried. Cr Dey voted against the motion. |
|
Procedural Motion |
Resolved that the meeting move out of confidential session. (Lyon) |
The remaining items are to be deferred to a future meeting:
|
Report No. 13.17 Renaming Hottentot Crescent, Mullumbimby File No: I2024/542
|
There being no further business the meeting concluded at 6:33pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 27 June 2024.
….…………………………