Minutes of Ordinary Meeting - Thursday, 28 November 2024

BYRON SHIRE COUNCIL

Ordinary Meeting Minutes 28 November 2024

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 28 November 2024 COMMENCING AT 9:06PM AND CONCLUDING AT 2:35PM.

I2024/1584

PRESENT: Cr S Ndiaye (Mayor), Cr J Dods, Cr E Hauge, Cr D Kay, Cr M Lowe,
Cr M Lyon, Cr A Pugh, Cr J Swain, Cr D Warth

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)

Heather Sills (Manager Corporate Services)

Samuel Frumpui (Manager Works)

Donna Johnston (Grants Coordinator)

James Brickley (Manager Finance)

Storm Townsend (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	Submission Received in form of
13.7	Section 355 Committees	Duncan Dey	For	Self	In Person
13.16	Clifford St/Broken Head Rd Intersection - Options Analysis Report	Donald Maughan	For	Suffolk Park Progress Association	In Person
13.16		Samantha Turnbull	Against	Suffolk Park residents/survey respondents	In Person

Adoption of Minutes from Previous Meetings

24-516

Resolved that the minutes of the Ordinary Meeting held 24 October 2024 be confirmed.

(Dods/Hauge)

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. 13.1 Meeting Schedule 2025 - Council Meetings, Committee Meetings, and Councillor Workshops

Report No. 13.2 2024/25 Operational Plan Progress Report - Quarter 1 - September 2024

Report No. 13.3 Council Resolutions Quarterly Review - Quarter 1 - 1 July to 30 September 2024

Report No. 13.5 Submission to Local Government Remuneration Tribunal - Mayor and Councillor Remuneration - 2025/26 Fees

Report No. 13.7 Section 355 Committees

Report No. 13.8 Budget Review - 1 July 2024 to 30 September 2024

Sustainable Environment and Economy

Report No. 13.14 Place Planning Collective - Community Members and Councillor Nominations

Infrastructure Services

Report No. 13.15 Rifle Range Road Traffic Calming for Koala Safety

Report No. 13.16 Clifford St / Broken Head Road Intersection - Options Analysis Report

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Ndiaye and seconded by Cr Lowe. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 24-517 and concluding with Resolution No. 24-529.

Staff Reports - Corporate and Community Services

Report No. 13.4 Draft Community Strategic Plan 2025 - 2035

File No: I2024/1385

24-517

Resolved that Council:

1. Endorses the Draft Community Strategic Plan 2035 (Attachment 1 E2024/131843), be placed on public exhibition until 9 February 2025.

2. Notes that the Community Strategic Plan 2035 and outcomes from public exhibition will be reported back to Council in April 2025 for decision, along with a draft four-year Delivery Program. (Ndiaye/Lowe)

Report No. 13.6 2024-2025 Financial Assistance Grant

File No: I2024/1443

24-518

Resolved that Council:

1. Notes the 2024-2025 Financial Assistance Grant Allocation as outlined in Attachment 1 (#E2024/125519), 2 (#E2024/125478) and 3 (#E2024/125477).

2. Allocates the estimated revenue of $106,400, which is additional to the amount budgeted, from the 2024-2025 Financial Assistance Grant to assist funding the budget shortfall for the Workers Compensation Insurance Premiums. (Ndiaye/Lowe)

Report No. 13.9 Council Investments - 1 October 2024 to 31 October 2024

File No: I2024/1502

24-519

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

Report No. 13.10 Grants November 2024

File No: I2024/1509

24-520

Resolved that Council notes the Grant Submissions Report for the month of October 2024 (Attachment 1 #E2024/131076). (Ndiaye/Lowe)

Report No. 13.11 Presentation of 2023-2024 Financial Statements

File No: I2024/1513

24-521

Resolved that the Audited Financial Statements and Auditors Report for the 2023-2024 financial year be presented to the public in accordance with Section 419(1) of the Local Government Act 1993. (Ndiaye/Lowe)

Report No. 13.12 Policies for Review

File No: I2024/1528

24-522

Resolved that Council repeals the following Policies for the reasons outlined in the report:

1. Burials on Private Property Policy (E2020/95377); and

2. Burning of Garden Waste Matter in Urban and Rural Areas Policy (E2020/74224). (Ndiaye/Lowe)

Report No. 13.13 Refinance of Sewerage Loan No 59

File No: I2024/1531

24-523

Resolved that Council:

1. Refinances Loan No 59 with a principal value of up to $5,145,000 and delegates to the General Manager to accept a loan finance offer based on terms most favourable to Council either as a refinance over the remaining ten years or a shorter term to refinance again assuming future interest rate reductions;

2. Authorises the affixing of the Council seal to all documents that may require it, in regard to this loan refinancing; and

3. Authorises the short term utilisation of Sewerage Capital Works Reserve to fund the initial pay out of Loan No 59 up to $5,145,000 on 4 December 2024 and reimburse the Sewerage Capital Works Reserve upon receipt of the refinanced loan proceeds. (Ndiaye/Lowe)

Staff Reports - Infrastructure Services

Report No. 13.17 Brunswick Terrace / Tincogan Street Intersection - Safety and Solutions Report

File No: I2024/1323

24-524

Resolved that Council:

1. Supports the detailed design and costing of the pedestrian crossing option provided in the Heritage Park Masterplan for implementation;

2. Investigates the potential of restricting / removing movements from the Brunswick Terrace approaches at Tincogan Street; and

3. Notes that to proceed with point 1 and 2, that it will be subject to consideration of a funding allocation of $5,500 at the next Quarterly Budget Review. (Ndiaye/Lowe)

Report No. 13.18 RFT 2024-2316 - Supply of Quarry Products

File No: I2024/1529

24-525

Resolved that Council:

1. Awards Tender 2024-2316 Supply of Quarry Products to the preferred suppliers identified in the Tender Evaluation Report E2024/132431; and

2. Makes public its decision, including the name and amount of the successful Tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2021. (Ndiaye/Lowe)

Reports of Committees - Infrastructure Services

Report No. 14.1 Report of the Local Traffic Committee Meeting held on 15 October 2024

File No: I2024/1496

24-526

Resolved that Council notes the minutes of the Local Traffic Committee Meeting held on 15 October 2024. (Ndiaye/Lowe)

24-527

Resolved that Council adopt the following Committee Recommendation:

Report No. 6.1 Mullumbimby Lane ways

File No: I2024/1143

Committee Recommendation 6.1.1

That the Local Traffic Committee supports the installation of No Stopping signs and yellow line marking on McGoughans Lane and Studal Lane.

· Yellow line marking around the garden beds where the laneways meet Burringbar Street.

See Figure 1 below for locations.

See Figure 2 for an example of the signage type.

· The proposed signage would replace existing in the same location.

Figure 1: Map showing no parking areas on Studal and McGoughans Lane, Mullumbimby

Figure 2: Example of No Stopping sign (Ndiaye/Lowe)

24-528

Resolved that Council adopt the following Committee Recommendation:

Report No. 6.2 9 Marvell Street, Byron Bay - regulatory sign and line marking

File No: I2024/1297

Committee Recommendation 6.2.1

That the Local Traffic Committee supports the signage and line markings associated with the 9 Marvell Street development, as shown in (updated, as per committee comments) Attachment 1 (E2024/112998). (Ndiaye/Lowe)

Confidential Reports - Infrastructure Services

Report No. 16.1 Confidential - Exemption from Tender - Project Management Essential Public Asset Restoration Works

File No: I2024/1549

24-529

Resolved that Council:

1. Approves the decision not to tender for the contract and to engage Project Management services for the delivery of Essential Public Asset Restoration (EPAR) works due to extenuating circumstances as outlined in this report, noting the significant financial, safety and reputational risks associated with the delay required to undertake a tender process.

2. Delegates to the General Manager to finalise, execute and administer the contract and enter into any necessary documentation to give effect to the resolution above. (Ndiaye/Lowe)

Procedural Motion

24-530

Resolved that Council change the order of business to deal with Reports 13.7 and 13.16 next on the Agenda. (Ndiaye/Swain)

The motion was put to the vote and carried unanimously.

Staff Reports - Infrastructure Services

Report No. 13.16 Clifford St / Broken Head Road Intersection - Options Analysis Report

File No: I2024/1322

24-533

Resolved that Council:

1. Acknowledges the successful grant funding for the Clifford Street/Broken Head Road Intersection Improvement project under the TfNSW Road Safety Program and authorises the General Manager to sign the Funding Deed for the Road Safety Program funding and return to TfNSW by 13 December 2024.

2. Adopts traffic signals as an interim intersection option for the Broken Head Road / Clifford Street intersection; and

a) Acknowledges the Metis Options Report (November 2024) states that a signalised option will have a worse level of service than a roundabout in 2034

b) That the detailed design of the signalised intersection be reported back to Council for approval following a Councillor Workshop

3. Considers a roundabout as a long term intersection option for the Broken Head Rd / Clifford St intersection and that staff engage a quantity surveyor to cost the land acquisition and construction costs of the roundabout to report back to Council.

4. Produces an options report for a 2nd northern entry to Beachside Suffolk Park, to future proof an alternative entry to Beachside Suffolk.

5. Upgrades and widens the pedestrian refuge to the south leg of the Beech Dr roundabout as a matter of urgency to alleviate safety concerns.

6. In future, where traffic signals are a preferred option, undertakes participatory, deliberative process with local residents to determine a way forward. (Dods/Hauge)

Procedural MotionS

24-534

Resolved that Cr Dods be granted a two minute extension to his speech. (Ndiaye/Hauge)

The motion was put to the vote and carried unanimously.

24-535

Resolved that Council move into Committee to allow for free debate. (Ndiaye/Lyon)

The motion was put to the vote and carried unanimously.

24-536

Resolved that Council move out of Committee and resume the Ordinary Meeting. (Ndiaye/Lowe)

The motion was put to the vote and carried unanimously.

24-537

Resolved that Cr Ndiaye be granted a one minute extension to her speech.

(Ndiaye/Swain)

The motion was put to the vote and carried unanimously.

The motion (Item 13.16) was put to the vote and declared carried.

Crs Low, Kay, Hauge, and Ndiaye voted against the motion.

The meeting adjourned at 11.36am for a recess break and reconvened at 11.55pm.

Notices of Motion

Notice of Motion No. 9.1 Closing the Gap Initiatives for Byron Shire Council

File No: I2024/1498

24-538

Resolved that Council requests a report from Council staff outlining ways that Byron Shire Council can contribute to Closing the Gap for Indigenous people in our community. This report should explore successful initiatives implemented by other Councils, identify potential funding sources, and recommend specific programs or actions for the Byron Shire area. (Lowe/Kay)

The motion was put to the vote and carried unanimously.

Notice of Motion No. 9.2 Mayor's Discretionary Allowance 2024-2025

File No: I2024/1538

24-539

Resolved that Council confirms the donations from the Mayor’s Discretionary Allowance 2024-2025 as per the recommendation in Confidential Attachment 1 (E2024/134177), including applications partially supported. (Ndiaye/Lowe)

The motion was put to the vote and carried unanimously.

Notice of Motion No. 9.3 Request for a Report on the Introduction of On-Demand Bus Services for Byron Shire

File No: I2024/1544

24-540

Resolved that Council requests a report from Council staff on any opportunities to introduce On-Demand Bus Services to Byron Shire. The report could focus on:

1. The potential benefits of such a service for residents, particularly youth, elderly people, and those without access to regular transport.

2. The impact of On-Demand services in other regional areas of NSW, including the Northern Rivers, Riverina, and South Coast regions.

3. The role these services could play in improving access to essential services like shopping, healthcare, and transport hubs.

4. Recommendations for advocating to the NSW State Government to expand On-Demand services to Byron Shire.

5. That On-Demand bus services be included in the Strategic Regional Integrated Transport Plan.

6. The report be provided to Council for discussion in the first half of 2025. (Ndiaye/Hauge)

The motion was put to the vote and carried unanimously.

Mayoral Minute

No Mayoral Minute was presented.

Petitions

No Petitions were tabled during the meeting.

Delegates' Reports

Cr Pugh provided a Delegates Report on the Bangalow Show.

Cr Dods provided a Delegates Report on his, and Cr Kay’s, attendance at the Sprung Disco Ball.

Cr Warth provided a Delegates Report on his attendance on a Tour in the north of the Shire.

Cr Ndiaye provided a Delegates Report advising Council was presented with a medal/award from Marine Rescue. Cr Ndiaye provided further reports on her attendances at Rous County Council meeting, Country Mayors Conference, Local Government Conference and Mullumbimby Show.

Staff Reports - Corporate and Community Services

Report No. 13.1 Meeting Schedule 2025 - Council Meetings, Committee Meetings, and Councillor Workshops

File No: I2024/1313

24-541

Resolved that:

1. Council endorses the meeting frequency and cycle to generally follow the monthly pattern of:

1st Thursday – Councillor Workshop & Planning Review Committee

2nd Thursday - Planning Meeting

3rd Tuesday – Committee meetings

3rd Thursday - Committee meetings

4th Thursday - Ordinary Meeting

5th Thursday (where applicable) – Committee meetings or Councillor Workshop

2. Council endorses recesses in January and July where no meetings are scheduled.

3. Council adopts the 2025 Meeting Schedule (Attachment 1, E2024/111478) with Ordinary and Planning Council Meetings to be held on the following dates:

Date	Meeting

Summer Recess
13-Feb-25	Planning
27-Feb-25	Ordinary
13-Mar-25	Planning
27-Mar-25	Ordinary
10-Apr-25	Planning
24-Apr-25	Ordinary
8-May-25	Planning
22-May-25	Ordinary
12-Jun-25	Planning
26-Jun-25	Ordinary
Winter Recess
14-Aug-25	Planning
28-Aug-25	Ordinary
11-Sep-25	Planning
25-Sep-25	Ordinary
9-Oct-25	Planning
23-Oct-25	Ordinary
13-Nov-25	Planning
27-Nov-25	Ordinary
11-Dec-25	Planning & Ordinary

4. Ordinary and Planning Council Meetings commence at 3:00pm and finish by 9:00pm until the Winter Recess at which stage the timing of meetings will be reviewed.

5. Ordinary and Planning Council Meetings are held in the Council Chambers.

(Ndiaye/Hauge)

The motion was put to the vote and declared carried.

Cr Lyon voted against the motion.

Report No. 13.2 2024/25 Operational Plan Progress Report - Quarter 1 - September 2024

File No: I2024/1383

24-542

Resolved that Council:

1. Notes the 2024/25 Operational Plan Quarter 1 Report for the period ending 30 September 2024 (Attachment 1 #E2024/119477).

2. Adopts the proposed amendments to the Operational Plan 2024/25 outlined in Attachment 2 (#E2024/89636) except that activity 3.3.2.9 not be removed and that Council continue to apply for the grant this financial year. (Hauge/Lowe)

The motion was put to the vote and carried unanimously.

Report No. 13.3 Council Resolutions Quarterly Review - Quarter 1 - 1 July to 30 September 2024

File No: I2024/1384

24-543

Resolved that Council:

1. Notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2024/117892).

2. Notes the completed Resolutions in Attachment 2 (#E2024/117893) and requests staff reopen resolution 24-336 until Part 2 has been completed. (Ndiaye/Kay)

The motion was put to the vote and carried unanimously.

Report No. 13.5 Submission to Local Government Remuneration Tribunal - Mayor and Councillor Remuneration - 2025/26 Fees

File No: I2024/1432

24-544

Resolved that Council endorses the submission to the Local Government Remuneration Tribunal on the fees payable to Mayors and Councillors in 2025/26 as provided in Attachment 2 (E2024/124039), with the following additions:

1. To support the 2024 LGNSW Conference motion 31 seeking an amendment to section 249(5) of the Local Government Act 1993 to reflect that during periods that a Mayor takes planned leave, or extended periods of unplanned leave, Deputy Mayors may act in the role of the Mayor and receive the Mayoral Allowance (including superannuation) whilst not depriving the Mayor of the Mayoral Allowance.

2. Case Study of Former Mayor Simon Richardson’s Leave
It may be valuable to reference the situation when former Mayor Simon Richardson had to take leave to care for his terminally ill wife. During this time, the need for a clear process for deputy mayoral duties became particularly evident. This case highlights the importance of having well-established protocols in place for such personal or unforeseen circumstances, ensuring that the functioning of the Council is not disrupted and that the Deputy Mayor is equipped to step in when necessary.

3. Deputy Mayor's Role in Practice
Based on my experience, the majority of instances where the Deputy Mayor assumes the role of acting mayor occur when the Mayor is already committed to prior engagements. These often include attending conferences, meetings with ministers, or other important events elsewhere in the shire, sometimes requiring the Mayor to be in two places at once. In these cases, the Deputy Mayor plays a crucial role in ensuring the continuity of the Mayor’s duties, particularly when multiple obligations overlap. (Ndiaye/Dods)

The motion was put to the vote and carried unanimously.

The meeting adjourned at 12.58pm for a lunch break and reconvened at 1.49pm.

Report No. 13.8 Budget Review - 1 July 2024 to 30 September 2024

File No: I2024/1454

24-545

Resolved that Council:

1. Authorises the itemised budget variations as shown in Attachment 2 (#E2024/133179) which include the following results in the 30 September 2024 Quarterly Review of the 2024/2025 Budget:

a) General Fund – $0 movement to the Estimated Unrestricted Cash Result

b) General Fund - $20,720,000 decrease in reserves

c) Water Fund - $2,125,600 increase in reserves

d) Sewerage Fund - $168,800 decrease in reserves

2. Adopts the revised General Fund Estimated Unrestricted Cash Surplus of $475,500 for the 2024/2025 financial year as at 30 September 2024.

(Ndiaye/Hauge)

The motion was put to the vote and carried unanimously.

Staff Reports - Sustainable Environment and Economy

Report No. 13.14 Place Planning Collective - Community Members and Councillor Nominations

File No: I2024/1455

Procedural Motion

24-546

Resolved that:

1. Pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, namely Place Planning Collective - Community Members and Councillor Nominations.

2. The reasons for closing the meeting to the public to consider this item be that of personnel matters concerning particular individuals (other than councillors)

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 personal information.

(Ndiaye/Dods)

The motion was put to the vote and carried unanimously.

Report No. 13.14 Place Planning Collective - Community Members and Councillor Nominations

File No: I2024/1455

24-547

Resolved that Council:

1. Thanks the existing Place Planning Collective members who have completed two terms.

2. Thanks the community members who have submitted an Expression of Interest as per the summary at Attachment 1 (E2024/129344) and full submissions at Attachment 2 (E2024/131010).

3. Nominates the following community members (up to three and one backup where possible) for each Place Plan to sit on the Place Planning Collective in accordance with the PPC Charter:

a) Bangalow nominations:

i. Lauren Julian

ii. Ian Holmes

iii. Thalia Rose Ward

iv. Steven Green (backup)

b) Byron Arts and Industry Estate nominations:

i. Zaide Thomson

ii. Garry Eastburn

iii. Charlotte Teague

c) Federal nominations:

i. Stuart Hood

ii. Mercedes Mambort

iii. Nicholas Mercer

iv. Jacqui Pick (backup)

d) Mullumbimby nominations:

i. Dale Emerson

ii. Jenelle Stanford

iii. John de Manincor

iv. Steve Drake (backup)

v. Thais Pupio Veneziani (backup)

4. Nominates the following Councillors to sit on the Place Planning Collective in accordance with the PPC Charter:

a) Cr Lyon

b) Cr Dods

c) Cr Hauge

d) Cr Ndiaye

e) Cr Warth (Dods/Lyon)

Procedural MotionS

24-548

Resolved that Council move into Committee to allow for free debate. (Ndiaye/Hauge)

The motion was put to the vote and carried unanimously.

24-549

Resolved that Council move out of Committee and resume the Ordinary Meeting.

(Ndiaye/Hauge)

The motion was put to the vote and carried unanimously.

24-550

Resolved that the meeting move out of confidential session. (Ndiaye/Hauge)

The motion was put to the vote and carried unanimously.

The motion (Item 13.14) was put to the vote and carried unanimously

Staff Reports - Infrastructure Services

Report No. 13.15 Rifle Range Road Traffic Calming for Koala Safety

File No: I2024/1079

24-551

Resolved that Council supports:

1. Adding this site to Council’s Wildlife Signage Priority Site layer in GIS;

2. Installation of wildlife warning signage and pavement treatment (approx. 20 $14,000) using Council’s Local Area Traffic Management budget (subject to review by the Local Traffic Committee):

3. Investigation of road safety improvements for the intersection of Raftons Road and Rifle Range Road;

4. Implementing a 40km/h speed limit north along Rifle Range Road from Raftons Road, consistent with the conditions of consent for 99 Rifle Range Road; and

5. Enforces the 20km/h speed limit that is part of the conditions of consent for 99 Rifle Range Road. (Pugh/Ndiaye)

The motion was put to the vote and carried unanimously.

URGENCY MOTIONS

No. 1 Matter of Urgency - Disaster Funding for Federal

24-552

Resolved that the matter of Disaster Funding for Federal be considered urgent, as the deadline for reports to upcoming meetings has passed. (Pugh/Ndiaye)

The motion was put to the vote and carried unanimously.

The Mayor ruled the matter urgent for consideration at the meeting.

24-553

Resolved that Council makes representations to the state and federal government about whether the Federal area can access disaster funding and report back on these representations to the community. (Pugh/Hauge)

The motion was put to the vote and carried unanimously.

There being no further business the meeting concluded at 2:35pm.

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 12 December 2024.

….…………………………

Mayor Sarah Ndiaye

Subject	Name	Representing Organisation	Submission Received in form of
Climate Change	Duncan Dey	Self	In Person