24-429

Resolved that the minutes of the Ordinary Meeting held 15 August 2024 be confirmed.                                                                                                                           (Westheimer/Lyon)

The motion was put to the vote and carried unanimously.

Report No. 13.1         Grants August 2024

File No:                       I2024/616

24-430

Resolved that Council notes the Grant Submissions Report for the month of August 2024 (Attachment 1 #E2024/97352).                                                                  (Lyon/Ndiaye).

Report No. 13.2         Council Investments - 1 July 2024 to 31 July 2024

File No:                       I2024/1094

24-431

Resolved that Council notes the report listing Council’s investments and overall cash position as of 31 July 2024.                                                                                  (Lyon/Ndiaye).

Report No. 13.4         PLANNING - Section 4.55 10.2021.511.3  Modification to the eastern dwelling and swimming pool component of an approved dual occupancy at 865 Broken Head Road, Broken Head

File No:                       I2024/1211

24-432

Resolved that pursuant to Section 4.55 of the Environmental Planning & Assessment Act 1979, Application No. 10.2021.511.3 for Modification to the eastern dwelling and swimming pool component of an approved dual occupancy detailed on the architectural plans in Attachment 1 (E2024/60566) of this report, be approved by modifying conditions numbered 1, 5, 6, 15, 17 and 63, under Development consent number 10.2021.511.1, as indicated in Attachment 2 (E2024/99059) of this report. (Lyon/Ndiaye).

Crs Coorey, Dey, Swivel, Ndiaye, Lyon, Westheimer, Balson, Pugh and Hunter voted in favour of the motion.

Nil voted against the motion.

Report No. 13.5         Tree/Vegetation Vandalism Policy

File No:                       I2024/1200

24-433

Resolved that having considered the submissions received, Council endorses the Tree/Vegetation Vandalism Policy (Attachment 1 - #E2021/30925)             (Lyon/Ndiaye).

Report No. 14.1         Report of the Finance Advisory Committee Meeting held on 8 August 2024

File No:                       I2024/1142

24-434

Resolved that Council notes the minutes of the Finance Advisory Committee Meeting held on 8 August 2024.                                                                                         (Lyon/Ndiaye).

24-435

Resolved that Council adopts the following Committee recommendation:

Report No. 3.1 Adoption of Minutes of the Finance Advisory Committee Meeting held 9 May 2024

File No: I2024/735

Committee Recommendation 3.1.1

That the minutes of the Finance Advisory Committee Meeting held on 9 May 2024 be confirmed.                                                                                                                (Lyon/Ndiaye).

24-436

Resolved that Council adopts the following Committee recommendation:

Report No. 4.1 Carryovers for Inclusion in the 2024-2025 Budget

File No: I2024/1089

Committee Recommendation 4.1.1

That Council approves the works and services (with respective funding) shown in Attachment 1 (#E2024/88511) to be carried over from the 2023/2024 financial year and that the carryover budget allocations be adopted as budget revotes for inclusion in the 2024/2025 Budget Estimates.                                                                              (Lyon/Ndiaye).

24-437

Resolved that Council adopts the following Committee recommendation:

Report No. 4.2 Budget Review - 1 April to 30 June 2024

File No: I2024/1093

Committee Recommendation 4.2.1

 1.     That Council authorises the itemised budget variations as shown in Attachment 2 (#E2024/89025) which include the following results in the 30 June 2024 Quarterly Review of the 2023/2024 Budget:

a)      General Fund – $429,000 movement to the Estimated Unrestricted Cash Result

b)      General Fund - $54,423,800 increase in reserves

c)      Water Fund - $2,734,400 increase in reserves

d)      Sewerage Fund - $5,413,800 increase in reserves

                   2.      That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $429,000 for the 2023/2024 financial year as at 30 June 2024.                   
                                                                                                                          (Lyon/Ndiaye).

Procedural Motion

24-438

Resolved that Council change the order of business to deal with Reports 9.1 and 9.4 next on the Agenda.                                                                                               (Lyon/Ndiaye)

The motion was put to the vote and carried unanimously.

Notice of Motion No. 9.1  BayFM Support

File No:                                 I2024/1095

24-439

Resolved that Council:

1.      Takes steps to support the promotion of BayFM as requested by BayFM’s Community Engagement Officer, Nell Schofield (attached), namely that Council help secure support for road signage on both entrances to Byron Bay.

2.      Explores methods to fund signage on Ewingsdale Road and Broken Head Road sought by BayFM to promote its critical contribution to our community and its culture.

3.      Notes that the signage would communicate a positive local message such as “Listen Like a Local”, “Cheer up, slow down, chill out.” Or “Chill out. Turn on. Tune in”.

4.      Writes a letter of support to BayFM to support funding applications.                                                                                                                        (Swivel/Ndiaye)

The motion was put to the vote and carried unanimously.

Notice of Motion No. 9.4  Grant Application for Lot 22 Masterplan

File No:                                 I2024/1205

Moved that Council:

Supports Mullum SEED’s application for a Regional Precinct and Partnerships Program grant in October 2024 for a placemaking initiative partnership with Mullum SEED and other key stakeholders for the purpose of funding collaborative planning, design, and new Masterplan development for Lot 22.

This support is subject to the following conditions:

1.       That new stakeholders may only be brought into the project governance committee with the consent of Council and Council retains the authority to appoint representatives of other community stakeholders (e.g. Department of Education and Sporting organisations) to the governance of the project where it views this as essential to ensure equity, transparency and fairness and meet its statutory obligations.

2.       That if the grant is successful the further development of partnership will be requirement to be based on principles outlined in Byron Shire Council’s Strategic Partnership Policy.

The motion was put to the vote and declared lost.

Crs Coorey and Westheimer voted in favour of the motion.

Crs Dey, Swivel, Ndiaye, Lyon, Balson, Pugh and Hunter voted against the motion.

24-440

Resolved that Council write to Mullum SEED advising it to consider lodging a formal proposal under Council’s Strategic Partnerships Policy with a view to applying for funding under the Regional Precincts and Partnerships Grant Program for a Place Plan for Lot 22 DP 1073165 in Mullumbimby, so that Council can assess the proposal under the Policy and any other applicable Policies and Guidelines.                           (Dey/Hunter)

The motion was put to the vote and carried

Crs Dey, Swivel, Ndiaye, Lyon, Balson, Pugh and Hunter voted in favour of the motion.

Crs Coorey and Westheimer voted against the motion.

Notice of Motion No. 9.2  Mullumbimby Civic Hall Courtyard

File No:                                 I2024/1195

Moved that Council:

1.      Engages with Council’s Public Space Liaison Officers and Byron Assertive Outreach workers to increase patrols and outreach in that area.

2.      As an interim measure, reviews the current courtyard design to Identify features that may inadvertently encourage rough sleeping and apply principles of Crime Prevention Through Environmental Design (CPTED) to reduce the risks.

3.      Seeks legal advice on the excision of the courtyard from the Mullumbimby District Neighbourhood Centre (MDNC) lease in future and, subject to this advice, considers excising the courtyard from future sublease arrangements of the site post 2027.

4.      Investigates the use of fencing with gates around the courtyard to protect the functional viability and safety of hall patrons, hirers and workers.

5.      Investigates improved soundproofing of the hall adjacent to the courtyard between the neighbourhood centre and the hall.                                                      (Westheimer)

Procedural Motion

24-442

Resolved that Cr Westheimer be granted a two minute extension to his speech.   (Lyon)

The motion was put to the vote and carried unanimously.

Notice of Motion No. 9.3  Bus Shelters in Tallowood Estate

File No:                                 I2024/1203

24-443

Resolved that Council:

1.      Identifies the optimal locations for bus shelters within the Tallowood Estate, ensuring that at least one shelter is fully accessible.

2.      Identifies appropriate funding for the construction of these shelters through available contributions 7.12 (fixed levy) or grants.                               (Ndiaye/Balson)

The motion was put to the vote and carried unanimously.

Notice of Motion No. 9.5  Confidential - Rent rise for resident of Holiday Park

File No:                                 I2024/1206

24-444

Resolved that:

1.       Pursuant to Section 10A(2)(b) of the Local Government Act, 1993, Council resolves to move into Confidential Session to discuss the report Rent rise for resident of Holiday Park.

2.       The reasons for closing the meeting to the public to consider this item be that the report contains:

          a)      discussion in relation to the personal hardship of a resident or ratepayer

3.       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 information about the rental agreement with a long-term resident of the holiday park.                    (Dey)

The motion was put to the vote and carried.

Crs Coorey, Dey, Ndiaye, Lyon, Westheimer, Balson, Pugh and Hunter voted in favour of the motion.

Nil voted against the motion.

Cr Swivel was not present for the vote.

Notice of Motion No. 9.5  Confidential - Rent rise for resident of Holiday Park

File No:                                 I2024/1206

24-445

Resolved that Council:

1.      Recognises the shortfall in affordable and public housing in Byron Shire and hence the value to society of permanent residency in our Holiday Parks; 

2.      Recognises the gratitude felt by many Holiday Park residents for that housing, including in buildings upgraded at public cost to current standards; 

3.       Discuss this matter at a Councillor Workshop before the end of 2024. (Dey/Ndiaye)

The motion was put to the vote and carried.

Crs Coorey, Dey, Swivel, Ndiaye, Lyon, Balson and Pugh voted in favour of the motion.

Crs Westheimer and Hunter voted against the motion.

Procedural Motion

24-446

Resolved that the meeting move out of confidential session.                                      (Lyon)

The motion was put to the vote and carried unanimously.

Mayoral Minute No. 10.1  DA 10.2023.465.1 56B Bangalow Road

File No:                                 I2024/1214

Cr Lyon withdrew Mayoral Minute No. DA 10.2023.465.1 56B Bangalow Road.  

Mayoral Minute No. 10.2  Cavanbah Centre

File No:                                 I2024/1255

24-447

Resolved that Council:

1.      Investigates expanding the Cavanbah Centre building eastwards in order to enable two extra basketball courts, including potential grant funding opportunities.

2.      Investigates including a hydrotherapy warm water pool as part of the expansion.

3.      Receives a report on the above by December 2024.

                                                                                                                                                 (Lyon)

The motion was put to the vote and carried unanimously.

Report No. 13.3         PLANNING – 10.2023.342.1 – Community Title Subdivision Comprising Fifteen Neighbourhood Lots and 1 Association Property – 409 Coorabell Road Coorabell

File No:                       I2024/1209

24-448

Resolved that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2023.342.1 for Community Title Subdivision Comprising Fifteen Neighbourhood Lots and 1 Association Property, be granted consent subject to the conditions of approval in Attachment 1 to this Report (E2024/98437) and condition 38(b) is amended to read as follows:

38 (b)         Dwelling Envelope

Restrictions to limit the erection of dwellings to:

i      within the nominated indicative building envelope for Lot 13 as indicated on the approved Subdivision Comparison and Subdivision Layout plans or to the south or south west of that indicative building envelope;

ii     within the nominated indicative building envelope for Lot 14 as indicated on the approved Subdivision Comparison and Subdivision Layout plans or to the south, south west or west of that indicative building envelope; and

iii    for Lots 9 and 10, within the RU2 zoned part of those lots which is located to the south of the C2 zoned part of those lots, as indicated on the approved Subdivision Comparison plans;

except as otherwise approved by Council.                                                           (Dey/Ndiaye)

The motion was put to the vote and carried unanimously.

Crs Coorey, Balson, Hunter, Lyon, Ndiaye, Dey, Swivel, Westheimer and Pugh voted in favour of the motion.

Nil voted against the motion.

No. Urgency 1           Matter of Urgency - Lawson Street Drainage Works

24-449

Resolved that Council considers the matter of the Lawson Street Drainage Works urgent and deals with it at the meeting as works are due to commence on Monday 9 September 2024.                                                                                                 (Coorey/Ndiaye)

The motion was put to the vote and carried unanimously.

The Chairperson ruled that the matter was of great urgency.

24-450

Resolved that:

1.     Noting the short notice that business owners were given regarding the commencements of drainage works in Lawson Street, that Council staff and the contractor meet with affected business owners to find ways to reduce negative impacts including, but not limited to, consideration of the following:

·         dust and noise management; and

·         possible extension/variation of business hours to avoid concurrence with drainage works; and

·         possible temporary locations for ‘pop-up’ shops so that businesses have alternative selling locations; and

·         signage that announces ‘business as usual’ and directs people to the businesses; and

·         deferral of footpath dining licence fees; and

·         advertising program by Council to promote the businesses; and

·         other activities such as entertainment or special activities that draw people to the area; and

·         ways to expedite works, including time of day for various works.

2.     That this meeting occur as soon as possible because the works are due to commence on Monday 9 September.                                                      (Coorey/Ndiaye)

The motion was put to the vote and carried unanimously.

No. Urgency 2           Matter of Urgency - Immediate Investigation and Implementation of Temporary Safety Measures on Federal Main Street

24-451

Resolved that Council considers the matter of the Immediate Investigation and Implementation of Temporary Safety Measures on Federal Main Street urgent and deals with it at the meeting due to safety risks identified, including a near-miss incident involving a child on Tuesday 3 September 2024.                                          (Ndiaye/Coorey)

The motion was put to the vote and carried unanimously.

The Chairperson ruled that the matter was of great urgency.

Cr Swivel left the Chambers at 03:28PM and did not return.

24-452

Resolved that in relation to road safety issues raised by the community at Federal Village, Council:

1.     Conducts an immediate investigation into temporary safety measures to address the heightened risks associated with Federal Main Street.

2.    Focus this investigation on solutions that can be implemented swiftly to enhance pedestrian safety and manage traffic effectively during peak times, especially around school drop-off and pick-up periods.

3.   Based on the findings of the investigation, implement necessary interim safety measures to mitigate current dangers.

4.    Receive a report on the investigation and implementation of temporary safety measures, detailing actions taken and any further recommendations for long-term safety improvements.

5.     Seek funding to progress with the safety and traffic measures included in the Federal Masterplan.                                                                                          (Ndiaye/Dey)

The motion was put to the vote and carried unanimously.

No. Urgency 3           Matter of Urgency - Developer Contributions to Wildlife Crossings

24-453

Resolved:

That Council considers the matter of Developer Contributions to Wildlife Crossings urgent and deals with it at the meeting due to the recent increase in wildlife deaths.

                                                                                                                                (Balson/Ndiaye)

The motion was put to the vote and carried unanimously.

The Chairperson ruled that the matter was of great urgency.

24-454

Resolved that Council staff investigate any potential mitigation measures that can be implemented swiftly to help avoid more wildlife deaths on our roads.             (Dey/Ndiaye)

The motion was put to the vote and carried unanimously.