BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
23 February 2023
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 23 February 2023
COMMENCING AT 9.11AM
AND CONCLUDING AT 12:23PM
I2023/258
PRESENT: Cr
M Lyon (Mayor), Cr S Balson, Cr C Coorey, Cr D Dey, Cr S Ndiaye, 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)
Ralph
James (Legal Counsel)
Heather
Sills (Manager Corporate Services)
Donna Johnston (Grants Coordinator)
– Report 11.1
Judd Cornwall (Traffic and Transport
Engineer) – Report 13.13
Sarah Nagel (Manager Public and
Environmental Services) – Report 16.1
Storm
Townsend/ Amber Evans Crane (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
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Report No and Title
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Name
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For/
Against
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Representing
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Submission via
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9.1
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Including Left Bank Road properties in Hospital Site
Rezoning
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Mary Fox
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For
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Self
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Zoom
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Apologies
Cr
Hunter is an apology in accordance with his prior accepted leave of absence (Resolution
No. 23-002)
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Procedural
Motion
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23-018
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Resolved that
the apology from Cr Pugh be accepted and a leave of absence granted.
(Lyon/Ndiaye)
The motion was put to the vote and carried unanimously.
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Cr
Balson joined the Meeting at 9:24AM.
Applications to Attend by
Audio-Visual Link
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Procedural
Motion
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23-019
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Resolved that
Cr Balson be permitted to attend the meeting held on 23 February 2023 by
audio-visual link. (Lyon/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Requests
for Leave of Absence
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Procedural
Motion
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23-020
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Resolved that
Cr Ndiaye be granted a leave of absence from the 23 March 2023 Council
Meeting (Lyon/Westheimer)
The motion was put to the vote and
carried unanimously.
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Declarations
of Interest – Pecuniary and Non-Pecuniary
There were no declarations of pecuniary/non-pecuniary
interest.
Tabling of Pecuniary Interest
Returns
TIn accordance with clause 4.9 of the Code of Conduct, the
Mayor tabled Pecuniary Disclosure of Interests Returns for Jenny Hellyer,
Resource Recovery Contract Management Officer and Roseanna Meech, Planner.
Adoption
of Minutes from Previous Meetings
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23-021
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Resolved that
the minutes of the Ordinary Meeting held on 15 December 2022 be confirmed. (Ndiaye/Westheimer)
The motion was put to the vote and
carried unanimously.
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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
Submissions
and Grants
Report No. 11.1 Grants
January 2023
Corporate and Community Services
Report No.
13.2 Council Investments - 1 January 2023 to 31 January
2023
Report No.
13.3 Update to Council's Business Ethics Statement
Report No.
13.4 Conduct of the 2024 Local Government Election
Report No. 13.6 Richmond Tweed
Regional Library Deed of Agreement 2023 - 2027
Report No. 13.8 Council
Resolutions Quarterly Review - Q2 - 1 October to 31 December 2022
Report No.
13.9 Delivery Program 6-monthly Report and Operational
Plan 2022/23 - Q2 - to December 2022
Report No.
13.10 Submission - Councillor Misconduct Framework
Infrastructure Services
Report No.
13.13 Fees and Charges - Use of car parking spaces for construction
purposes
Confidential Reports
Sustainable Environment and Economy
Report No.
16.1 Confidential
- Compliance at 8 Grays Lane, Tyagarah
Late Reports
The remaining Recommendations
and Committee Recommendation were adopted unanimously as a whole, being moved
by Cr Lyon and seconded by Cr Ndiaye. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 23-022 and concluding
with Resolution No. 22-032 .
Staff Reports – General
Manager
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Report No. 13.1 Request
to change market day
File No: I2022/1733
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23-022
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Resolved that Council, following no submissions
received during the public notice of the proposal, authorises
a variation to the Railway Park Artisan Market Licence held by the Byron Bay
Community Association Incorporation to move the scheduled Railway Park
Artisan Market Day from 8 April 2023 to 7 April 2023. (Lyon/Ndiaye)
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Staff Reports - Corporate and
community services
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Report No. 13.5 Council
Investments - 1 December 2022 to 31 December 2022
File No: I2023/8
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23-023
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Resolved that
Council notes the report listing Council’s investments and overall cash
position as of 31 December 2022 (Lyon/Ndiaye)
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Report No. 13.7 Budget
Review - 1 October 2022 to 31 December 2022
File No: I2023/140
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23-024
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Resolved:
1. That
Council authorises the itemised budget variations as shown in Attachment 2
(#E2023/13829) which include the following results in the 31 December 2022 Quarterly
Review of the 2022/2023 Budget:
a) General
Fund – $0 movement to the Estimated Unrestricted Cash Result
b) General
Fund - $7,342,100 increase in reserves
c) Water
Fund - $208,200 decrease in reserves
d) Sewerage
Fund - $297,500 decrease in reserves
2. That
Council adopts the revised General Fund Estimated Unrestricted Cash Result of
($205,000) for the 2022/2023 financial year as at 31 December 2022.
(Lyon/Ndiaye)
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.11 Application
for Revocation of Menacing Dog Order
File No: I2022/1607
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23-025
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Resolved that Council revokes the Menacing Dog Declaration
relating to desexed male Bull Arab ‘Simba’ microchip number
982000364624792. (Lyon/Ndiaye)
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Report No. 13.12 Companion
Animal Exercise Area Policy
File No: I2023/154
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23-026
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Resolved that Council adopts the Companion Animal
Exercise Area Policy (E2022/103808. (Lyon/Ndiaye)
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Reports of Committees - Sustainable Environment
and Economy
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Report No. 14.1 Report
of the Coast and ICOLL Advisory Committee Meeting held on 20 October 2022
File No: I2023/124
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23-027
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Resolved that Council notes the minutes of the Coast and
ICOLL Advisory Committee Meeting held on 20 October 2022. (Lyon/Ndiaye)
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Reports of Committees - Infrastructure
Services
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Report No. 14.2 Report
of the Local Traffic Committee Meeting held on 7 February 2023
File No: I2023/166
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23-028
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Resolved that Council notes the minutes of the Local
Traffic Committee Meeting held on 7 February 2023. (Lyon/Ndiaye)
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23-029
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Resolved that Council adopts
the following Committee Recommendations:
Report No.
6.1 10.2022.488.1 - Stone and Wood
File No: I2023/116
Committee Recommendation 6.1.1
1. That
Council supports the Byron Bay Triathlon to be held on Saturday 13 May 2023
and the Byron Lighthouse Run to be held on Sunday 14 May 2023.
2. That
Council supports in Part 1 is subject to:
a) separate
approvals by NSW Police and TfNSW being obtained;
b) the
event organiser provide council with an updated Traffic Management Plan and
Traffic Guidance Scheme/s for the 2023 event;
c) development
and implementation of a Traffic Management Plan and Traffic Guidance Scheme/s
by those with appropriate TfNSW accreditation and the holding of current and
appropriate levels of insurance and liability cover;
d) the
impact of the event be advertised, and charged at cost to the organisers, via
a notice in the local weekly paper a minimum of one week prior to the
operational impacts taking effect, noting it must include the event name,
specifics of any traffic impacts or road closures and times, alternative
route arrangements, event organiser, a personal contact name and a telephone
number for all event related enquiries or complaints;
e) the
event be notified on Council’s web page with the event organiser
supplying Council with the relevant information.
3. The
event organiser to:
a) inform
the community and businesses that are directly impacted (e.g. within road
closure zones) via written information which is delivered to the property in
a timely manner so as to document, consider and respond to any concerns
raised;
b) liaising
with bus, taxi and waste operators and ensuring arrangements are made for
provision of services during conduct of the event;
c) consulting
with emergency services and any identified issues be addressed;
d) holding
$20m public liability insurance cover which is valid for the event;
e) paying
Council’s Road Event Application Fee prior to the event;
f) not place
any signage on the road related area of the Pacific Highway.
(Lyon/Ndiaye)
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23-030
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Resolved that Council adopts
the following Committee Recommendations:
Report No.
7.1 Byron Bay Triathlon and Byron Lighthouse Run May 2023
File No: I2022/1912
Committee Recommendation 7.1.1
1. That
Council supports the Byron Bay Triathlon to be held on Saturday 13 May 2023
and the Byron Lighthouse Run to be held on Sunday 14 May 2023.
2. That
Council supports in Part 1 is subject to:
a) separate
approvals by NSW Police and TfNSW being obtained;
b) the
event organiser provide council with an updated Traffic Management Plan and
Traffic Guidance Scheme/s for the 2023 event;
c) development
and implementation of a Traffic Management Plan and Traffic Guidance Scheme/s
by those with appropriate TfNSW accreditation and the holding of current and
appropriate levels of insurance and liability cover;
d) the
impact of the event be advertised, and charged at cost to the organisers, via
a notice in the local weekly paper a minimum of one week prior to the
operational impacts taking effect, noting it must include the event name,
specifics of any traffic impacts or road closures and times, alternative
route arrangements, event organiser, a personal contact name and a telephone
number for all event related enquiries or complaints;
e) the
event be notified on Council’s web page with the event organiser
supplying Council with the relevant information;
f) Access
from main beach car park to Fletcher St is to be unrestricted at all times.
g) Access
to Lawson St between Fletcher St and Middleton St to be permitted at all
times.
3. The
event organiser to:
a) inform
the community and businesses that are directly impacted (e.g. within road
closure zones) via written information which is delivered to the property in
a timely manner so as to document, consider and respond to any concerns
raised;
b) arranging
for private property access and egress affected by the event;
c) liaising
with bus, taxi and waste operators and ensuring arrangements are made for
provision of services during conduct of the event;
d) consulting
with emergency services and any identified issues be addressed;
e) holding
$20m public liability insurance cover which is valid for the event;
f) paying
Council’s Road Event Application Fee prior to the event;
g) not
place any signage on the road related area of the Pacific Highway.
(Lyon/Ndiaye)
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23-031
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Resolved that Council adopts
the following Committee Recommendations:
Report No.
7.2 Event - Westpac Helicopter Byron Coastal Charity Walk – April
29
File No: I2023/52
Committee Recommendation 7.2.1
1. That
Council supports the Westpac Life Saver Rescue Helicopter fundraiser, Byron
Coast Charity Walk, to be held Saturday 29 April 2023 from 5.00am – 5.00pm.
2. That
Council supports in Part 1 is subject to:
a) The
development of a Traffic Guidance Scheme (TGS) and Traffic Management Plan(s)
for the 2023 event by those with relevant and current TfNSW
accreditation. The TGS(s) and Traffic Management Plan is to include,
but is not limited to, the following:
b) Signage,
which specifies the date, hours and nature of the event, be positioned at the
entrance and exit of Seven Mile Beach Road one week prior to the event;
c) On the
day of the event, at 500m intervals on Seven Mile Beach Road, and facing both
directions of travel, signs advising of “ Special Event – Charity
Walk Ahead” (or similar) are installed prior, and removed after, the
event occurs;
d) A
safety induction for participants advising of hazards be provided.
e) Implementation
of the Traffic Management Plan and Traffic Guidance Scheme/s as designed by
those with appropriate accreditation and implemented by people with
appropriate accreditation, including traffic controllers.
3. The
event organiser to:
a) Advertise
the impact of the event, via a Variable Message Sign on site and notice in
the local weekly paper, a minimum of one week prior to the operational
impacts taking effect, noting it must include the event name, specifics of
any traffic impacts or road closures and times, alternative route
arrangements, event organiser, a personal contact name and a telephone number
for all event related enquiries or complaints;
b) Arrange
for the event to be notified on Council’s webpage a minimum one week
prior to the TGS being implemented;
c) Undertake
consultation with affected community and businesses including adequate
response/action to any raised concerns.
d) Undertake
consultation with emergency services and any identified issues addressed.
e) Holding
$20m public liability insurance cover which is valid for the event.
f) Paying
Council’s Road Event Application Fee prior to the event.
g)
Not place any signage on the road related area of the Pacific Highway
(Lyon/Ndiaye)
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23-032
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Resolved that Council adopts the following Committee Recommendation:
Report No.
7.3 Byron Community Markets - Temporary Road Closure
File No: I2023/106
Committee Recommendation 7.3.1
That Council notes there has been
no substantive changes since the approval was given and the first market will
be in March. (Lyon/Ndiaye)
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Mayoral
Minute
There was no Mayoral Minute.
Notices of
Motion
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Notice of Motion No. 9.1 Including Left Bank Road
properties in hospital site rezoning
File No: I2023/164
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23-033
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Resolved that Council:
1. recognises that rezoning of the
ex-hospital site, on the corner of Azalea Street and Left Bank Road
Mullumbimby, may enable development that is likely to impact amenity of
properties bordering the site to its south;
2. invites landholders of the four
properties (2, 4, 12 and 16 Left Bank Road Mullumbimby; currently zoned R5)
to prepare an owner-initiated planning proposal to rezone their properties to
a zone the same as or at least compatible with zoning proposed on their
neighbouring property, the ex-hospital site. (Dey/Balson)
The motion was put to the vote and carried unanimously.
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Notice of Motion No. 9.2 Extend non-disruption by
roadworks
File No: I2023/172
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23-034
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Resolved that Council:
1. Remembers its Resolution 22-741
of December 2022 adopting “policy” not to conduct disruptive
roadworks during heavy traffic times on various important non-motorway routes
in the Shire, recommits to the two routes named in that Resolution (listed as
1 and 2 below) and adds a third route (listed as 3 below):
1) Ewingsdale
Road, during daylight hours;
2) Bangalow
/ Broken Head Roads, during morning and afternoon peak hours; and
3) Mullumbimby
from Jubilee Avenue to the Showground, on Mullumbimby Farmers Market
mornings.
2. And also
recommits to:
a) writing
to all relevant authorities, such as Essential Energy, requesting that they
adhere to the same policies for work within the road corridor; and
b) noting
that emergency road works are exempt from the above policies.
(Dey/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Petitions
There were no petitions to be tabled.
Submissions
and Grants
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Report No. 11.1 Grants
January 2023
File No: I2023/184
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23-035
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Resolved that Council:
1. Notes
the report and Attachment 1 (#E2023/14683)
for Byron Shire Council’s grant submissions as at 31 January 2023.
2. Undertakes
a proactive communication strategy within current resourcing to educate the
community on the role of grant funding and celebrates the successes of
securing funding from state and federal government and other sources.
(Swivel/Ndiaye)
The motion was put to the vote and
carried unanimously.
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Delegates'
Reports
Cr Ndiaye gave a report on the Rous County Council Meeting
held on 15 February 2023.
Cr Lyon gave a report on the 2023 LGNSW Rural and Regional
Forum and the Country Mayors Political Leaders Forum
Cr Lyon and Cr Ndiaye gave a report on the Independent Planning
Commission Hearing on Byron Shire STRA.
Cr Westheimer gave a report on a discussion with Kristy
McBain, Federal Minister for Regional Development, at the LGNSW Rural and
Regional Forum.
Cr Ndiaye gave a report on the annual V-Day event in Byron
Bay and Flickerfest held in Bangalow.
Staff
Reports - Corporate and Community Services
Cr Balson left the Meeting at 10:57AM.
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Report No. 13.2 Council
Investments - 1 January 2023 to 31 January 2023
File No: I2023/141
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23-036
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Resolved that Council notes the report listing
Council’s investments and overall cash position as of 31 January 2023. (Dey/Ndiaye)
The motion was put to the vote and
carried.
Cr Balson was not present for the
vote.
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Cr Balson returned to the Meeting at 10:58AM
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Report No. 13.3 Update
to Council's Business Ethics Statement
File No: I2022/1815
|
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23-037
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Resolved that Council endorses the updated
Business Ethics Statement 2022 (E2022/122254 version 2) with minor edits. (Dey/Lyon)
The motion was put to the vote and carried
unanimously.
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Cr Balson left the Meeting at 11:12AM.
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Report No. 13.4 Conduct
of the 2024 Local Government Election
File No: I2022/1838
|
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23-038
|
Resolved that:
1. Pursuant to
s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the
Act”) that an election arrangement be entered into by contract for the
Electoral Commissioner to administer all elections of the Council.
2. Pursuant
to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a
Council poll arrangement be entered into by contract for the Electoral
Commissioner to administer all Council polls of the Council.
3. Pursuant
to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a
constitutional referendum arrangement be entered into by contract for the
Electoral Commissioner to administer all constitutional referenda of the
Council.
4. Council
writes to the NSW Electoral Commission, the NSW Minister for Local
Government, and the NSW Shadow Minister for Local Government:
a) expressing
Council’s concerns for the increasing costs of administering the
election and asking them to consider the staffing levels and the length of
pre-polling and whether savings in these and other areas could be made, and
b) in
light of the recent floods and the impacts on the community, Council’s
budget and staffing issues that the State Government pay for the election
costs (Westheimer/Coorey)
The motion was put to the vote and
carried.
Cr Balson was not present for the
vote.
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Cr Balson returned to the Meeting at
11:17AM.
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Report No. 13.6 Richmond
Tweed Regional Library Deed of Agreement 2023 - 2027
File No: I2023/23
|
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23-039
|
Resolved that in
relation to the Richmond Tweed Regional Library Deed of Agreement for the
period 1 July 2023 to 30 June 2027, Council:
1. Adopts
the Deed of Agreement (Attachment 1 E2023/334)
2. Delegates
the General Manager to execute the Deed on behalf of the Byron Shire Council
3. Appoints
Lismore City Council to continue as the Executive Council for the Richmond Tweed
Regional Library (Ndiaye/Lyon)
The motion was put to the vote and carried unanimously.
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Report No. 13.8 Council
Resolutions Quarterly Review - Q2 - 1 October to 31 December 2022
File No: I2023/146
|
|
23-040
|
Resolved that Council:
1. Notes
the information provided in this report on active Council Resolutions in
Attachment 1 (#E2022/129525).
2. Notes the completed
Resolutions in Attachment 2 (#E2022/129526).
(Westheimer/Lyon)
The motion was put to the vote and
carried unanimously.
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|
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Report No. 13.9 Delivery
Program 6-monthly Report and Operational Plan 2022/23 - Q2 - to December 2022
File No: I2023/147
|
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23-041
|
Resolved that Council:
1. Notes
the 2022/23 Operational Plan Quarter 2 Report for the period ending 31
December 2022 (Attachment 1 #E2023/11308).
2. Adopts
the proposed amendments to the Operational Plan 2022/23 outlined in
Attachment 2 (#E2022/126473). (Westheimer/Lyon)
The motion was put to the vote and
carried unanimously.
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Procedural
Motion
|
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23-042
|
Resolved that
Cr Coorey be granted a two minute extension to her speech. (Lyon)
The motion was put to the vote and
carried unanimously.
|
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Report No. 13.10 Submission
- Councillor Misconduct Framework
File No: I2023/155
|
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23-043
|
Resolved that Council endorses the submission to the
Office of Local Government on the Councillor Misconduct Framework, as
provided in Attachment 1 (E2022/125019).
(Coorey/Westheimer)
The motion was put to the vote and
carried unanimously.
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Staff
Reports - Infrastructure Services
|
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Report No. 13.13 Fees and
Charges - Use of car parking spaces for construction purposes
File No: I2023/56
|
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23-044
|
Resolved:
1. That
Council endorses the proposed fees for “Use of Council land/road
reserve to enable construction work, events or temporary use” be placed
on public exhibition for a period of 28 days in accordance with s610F of the
Local Government Act 1993.
2. That
any submissions received are reported to Council prior to adoption of the
proposed fees.
3. That
if no submissions are received during the public notice period Council adopts
the fees from 1 April 2023. (Dey/Lyon)
The motion
was put to the vote and carried unanimously.
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Confidential
Reports - Sustainable Environment and Economy
|
|
Report No. 16.1 Confidential - Compliance at 8 Grays
Lane, Tyagarah
File No: I2023/65
|
|
23-045
|
Resolved:
1. That
pursuant to Section 10A(2)(e) of the Local Government Act, 1993, Council
resolves to move into Confidential Session to discuss the report Compliance
at 8 Grays Lane, Tyagarah.
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, prejudice the maintenance of law
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:
Report contains information that would
prejudice legal action. (Lyon/Ndiaye)
The motion
was put to the vote and carried unanimously.
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|
23-046
|
Resolved that Council:
1. Notes
the report on compliance at the nursery and landscaping business beside the
Pacific Motorway at 8 Grays Lane, Tyagarah.
2. Discusses this matter at a
Councillor Workshop in April or May 2023.
(Lyon/Westheimer)
The motion was put to the vote
and carried unanimously.
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|
|
Procedural
Motion
|
|
23-047
|
Resolved that
the meeting move out of confidential session. (Lyon/Westheimer)
The motion was put to the vote and
carried unanimously.
|
There being no further business the meeting concluded at 12:23PM.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 23 March 2023.
….…………………………
Mayor Michael Lyon
Minutes
