Minutes of Ordinary Meeting - Thursday, 23 May 2024

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.

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		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
9.3	Petria Thomas Pool Heating	Rebecca McNaught	For	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
13.11		Elle Davidson	Against	Mullum Place Planning Collective	Pre-recorded video
13.18	New Brighton – Parking Improvements Investigation	Kathy Norley	For	South Golden Beach Community Association	In person
13.18	New Brighton – Parking Improvements Investigation	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
14.1		Matthew Lambourne	Against	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

Apologies

Procedural Motion

24-204

Resolved that the apology from Cr Coorey be accepted in accordance with her prior leave of absence (Resolution No. 24-152). (Lyon/Westheimer)

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.

Requests for Leave of Absence

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

24-205

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

General Manager

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

Reports of Committees

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

Report No. 13.1 In principle support for temporary accommodation lease extensions between Council and NSW Reconstruction Authority

File No: I2024/729

24-206

Resolved that Council:

1. Authorises the General Manager to write to the NSW Reconstruction Authority confirming in principle support for the one year lease extension on the Tweed Street site (Lot 1 in Deposited Plan 560486 - 125 Tweed Street Brunswick Heads) until June 2026; and

2. Notes that discussions with landowners of the Bayside site (Lots 51 and 69 in Deposited Plan 851902 - Excelsior Circuit and Torakina Road Brunswick Heads) are on hold until after August 2024.

3. Authorises the General Manager, under delegation, to continue discussions with the NSW Reconstruction Authority on the transition plan for the Tweed Street site.

(Lyon/Westheimer)

STAFF Reports - Corporate and Community Services

Report No. 13.5 2023/24 Operational Plan Report - Quarter 3 - March 2024

File No: I2024/653

24-207

Resolved that Council:

1. Notes the 2023/24 Operational Plan Quarter 3 Report for the period ending 31 March 2024 (Attachment 1 #E2024/35184).

2. Adopts the proposed amendments to the Operational Plan 2023/24 outlined in Attachment 2 (#E2024/12918). (Lyon/Westheimer)

Report No. 13.6 Council Investments - 1 April 2024 to 30 April 2024

File No: I2024/685

24-208

Resolved that Council notes the report listing Council’s investments and overall cash position as of 30 April 2024. (Lyon/Westheimer)

STAFF Reports – 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

File No: I2024/482

In accordance with her earlier declared interest, Cr Ndiaye left the Chambers at 12:27 pm.

24-221

Resolved that Council:

1. Grants approval to an increase in amplified music to 100 event days per annum as per Condition 53 of Development Consent 10.2014.753.1 (as amended),

2. Invites the applicant to lodge a Section 4.55 to amend consent conditions 3 and 51 to conform with part 1 above. (Dey/Balson)

The motion was put to the vote and carried. Cr Ndiaye was absent for the vote.

Cr Ndiaye returned to the Chambers at 12:35 pm.

Report No. 13.11 Burringbar Street Mullumbimby - Concept Design - Submissions and Directions Report

File No: I2024/388

24-222

Resolved that Council:

1. Notes the publicly exhibited Draft Concept Design (Attachment 1, E2024/32105) and Exhibition Report (Attachment 2, E2024/3881).

2. Thanks the over 500 submitters who made comment on the Draft Concept Design.

3. Progresses projects relating to car parking supply, future needs and management in Mullumbimby, prior to further refinement of the Burringbar Street design.

4. Endorses the Design Directions (Attachment 5, E2024/46979) to be used to inform the drafting of a preliminary engineering design at a later date.

5. Notes that a budget for preliminary engineering design will need to be considered at a later date following completion of point 3 above.

6. Notes that there will be a significant increase in peripheral parking in the rail corridor prior to the housing project at Station Street commencing or the implementation of the Burringbar Street project.

7. Notes that the draft concept design will result in an increase in accessible parking in the town centre. (Lyon/Hunter)

The motion was put to the vote and carried.

Cr Dey voted against the motion.

STAFF Reports – INFRASTRUCTURE SERVICES

Report No. 13.18 New Brighton - Parking Improvements Investigation

File No: I2024/552

Moved that Council:

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

24-223

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.

24-224

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

24-225

Resolved that Council:

1. Does not proceed with any further parking investigations or designs in New Brighton until the Master Plan for the Ocean Shores area has been completed.

2. 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).

3. Installs way finding signage across the New Brighton and South Golden Beach areas to direct visitors to existing parking and beach accesses.

4. Receives a report that considers:

a) 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.

b) The suggestions received in Public Access at Council’s meeting on 23 May and listed under areas 1 to 7. (Lyon/Westheimer)

The amendment was put to the vote and declared a tie.
Crs Hunter, Balson, Ndiaye and Dey voted against the amendment.
The Mayor used his casting vote to declare the amendment carried.

The amendment upon becoming the substantive motion was put to the vote and declared carried..

The meeting adjourned for lunch at 1.25pm.

The meeting re-commenced at 2.10pm.

Reports of Committees – Infrastructure Services

Report No. 14.1 Report of the Floodplain Management Advisory Committee Meeting held on 13 February 2024

File No: I2024/268

24-226

Resolved that Council notes the minutes of the Floodplain Management Advisory Committee Meeting held on 13 February 2024. (Lyon/Westheimer)

24-227

Resolved:

Resolved that Council does not adopt Committee Recommendation(s) 4.1 as shown in the attachment to this report, but instead adopts the Management Recommendation(s) as follows:

Report No. 4.1 Floodplain Management Advisory Committee Goals for 2024

File No: I2024/129

Management Recommendation

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).

(Lyon/Westheimer)

24-228

Resolved that Council adopts the following Committee and Management Recommendation(s):

Report No. 4.2 Community Education Strategy and Review of Flood Options - Project Update

File No: I2024/157

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.

(Lyon/Westheimer).

24-229

Resolved that Council does not adopt Committee Recommendation(s) 4.3 as shown in the attachment to this report, but instead adopts the Management 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

File No: I2024/178

Management Recommendation

That The Flood Advisory Committee notes that DCCEEW has issued its “Post 2022 Event Flood Behaviour Analysis - Brunswick River - Final Report”.

(Lyon/Westheimer)

24-230

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

24-231

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

24-233

Resolved that Council receives a report on:

1. Existing efforts to limit excessive excavation and any additional proposals to limit excavation that Councillors could consider.

2. Any other measures that can be effectively enforced through a chapter of the DCP for Wategos or other measures to limit the bulk and scale of developments that impose on the character of the Wategos area. (Lyon/Westheimer)

The motion was put to the vote and carried unanimously.

Notice of Motion No. 9.1 Mayor's Discretionary Allowance

File No: I2024/690

24-234

Resolved that Council:

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

24-235

Resolved that Council:

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

24-236

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

Moved that Council:

2. Notes the role of the Minister and of existing institutions such as Bush Heritage Australia and the constraints on Council in creating any entity under Section 358 of the Local Government. (Dey/Westheimer)

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

The motion was withdrawn by Cr Dey prior to the meeting.

Report No. 13.3 Council Resolutions Quarterly Review - Q3 - 1 January to 31 Mach 2024

File No: I2024/356

24-241

Resolved that Council:

1. Notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2024/34179).

2. Notes the completed Council Resolutions in Attachment 2 (#E2024/34167).

(Westheimer/Dey)

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.

Report No. 13.4 Budget Review - 1 January 2024 to 31 March 2024

File No: I2024/612

24-242

Resolved that Council:

1. Authorises the itemised budget variations as shown in Attachment 2 (#E2024/48670) which include the following results in the 31 March 2024 Quarterly Review of the 2023/2024 Budget:

a) General Fund - $250,000 increase to the Estimated Unrestricted Cash Result

b) General Fund - $7,008,200 increase in reserves

c) Water Fund - $1,321,800 increase in reserves

d) Sewerage Fund - $952,900 increase in reserves

2. Adopts the revised General Fund Estimated Unrestricted Cash of $0 for the 2023/2024 financial year as at 31 March 2024.

3. Allocates $200,000 towards the possible heating of the Mullumbimby Petria Thomas Swimming Pool funded from Developer Contributions – Mullumbimby Open Space Reserve. (Westheimer/Ndiaye)

Procedural MotionS

24-243

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.

24-244

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

Moved:

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2024/48670) which include the following results in the 31 March 2024 Quarterly Review of the 2023/2024 Budget:

a) General Fund - $250,000 increase to the Estimated Unrestricted Cash Result

b) General Fund - $7,008,200 increase in reserves

c) Water Fund - $1,321,800 increase in reserves

d) Sewerage Fund - $952,900 increase in reserves

2. That Council adopts the revised General Fund Estimated Unrestricted Cash of $0 for the 2023/2024 financial year as at 31 March 2024. (Lyon/Hunter)

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

File No: I2024/559

Moved 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 30 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 with the following amendments to the conditions:

Condition 1A

1A Amended area of Lot 282 for dedication

The boundary of 282 shall be amended as shown in red on the stamped approved plans. The area to the west of the new boundary shall be incorporated into the community lot C8 with the remainder of lot 282 to be dedicated to Council. The approximate area of lot 282 to be dedicated is 4.2668ha

Replace the schedule to Condition 48 with the following schedule

Section 7.11 contributions Schedule
Mullumbimby
Catchment
This schedule was calculated in spreadsheet #E2024/6353
1bedroom units =		0	@	0.55 SDU	=	0
2 bedroom units =		0	@	0.75 SDU	=	0
3 bedroom units/dwellings =		0	@	1 SDU	=	0
Allotments =		48	@	1	=	48
Less Site Credits =		1	@	-1	=	-1
Total SDU					=	47
	No further indexation. Contributions are at the Ministerial cap inclusive of reductions due to works in kind

Local Open Space & Recreation	(OS-ML)	47.00	SDU @	$ 1,702.13	=	$ 80,000.00
LGA Wide Open Space & Recreation	(OS-SW)	47.00	SDU @	$ 200.66	=	$ 9,430.79
LGA wide Community Facilities	(CF-SW)	47.00	SDU @	$ 1,135.63	=	$ 53,374.47
Local Community Facilities	(CF-ML)	47.00	SDU @	$ 223.30	=	$ 10,495.02
Bikeways & Footpaths	(CW-ML)	47.00	SDU @	$ 2,144.41	=	$ 100,787.44
Shire Wide Bikeways & Footpaths	(CW-SW)	47.00	SDU @	$ 83.30	=	$ 3,915.25
Urban Roads	(R-ML)	47.00	SDU @	$ -	=	$ -
LGA Wide Roads	(R-SW)	47.00	SDU @	$ 234.63	=	$ 11,027.68
Rural Roads	#N/A	47.00	SDU @	$ -	=	$ -
Administration Levy	(OF-SW)	47.00	SDU @	$ 1,172.83	=	$ 55,122.97
Total						$ 324,153.62

(Dey/Ndiaye)

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.

Confidential Reports - Sustainable Environment and Economy

Report No. 16.2 Confidential - Update on Resolution 23-300: 57 Station Street, Mullumbimby

File No: I2024/611

24-252

Resolved:

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.

24-253

Resolved that Council:

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
24-254	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.

….…………………………