Minutes --- Meeting of Tweed Shire Council Meeting of ...

TWEED SHIRE COUNCIL MEETING HELD WEDNESDAY 22 JANUARY 2003 COMMENCING AT 3.00PM

Minutes Minutes Minutes Minutes ---- Meeting of Tweed Shire Council Meeting of Tweed Shire Council Meeting of Tweed Shire Council Meeting of Tweed Shire Council

THIS IS PAGE NO 1 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELD WEDNESDAY 22 JANUARY 2003

CHAIRMAN

IN ATTENDANCE Councillors W J Polglase (Mayor), L F Beck, M R Boyd, R D Brinsmead, B J Carroll, G Davidson (Deputy Mayor), G J Lawrie, B M Luff. Also present were Dr John Griffin (General Manager), Mr Mike Rayner (Director Engineering Services), Mr David Broyd (Director Development Services), Mr Don Buckley (Director Environment & Community Services), Mr Ian Carpenter (Director Corporate Services), Mr Brian Donaghy (Manager Administration Services/Public Officer) and Mrs Maree Morgan (Minutes Secretary). Cr Brinsmead was not present at the commencement of the meeting. The meeting opened with a Prayer from the Mayor.

CONFIRMATION OF MINUTES 1 Cr Boyd Cr Davidson

RESOLVED that the Minutes of the Ordinary Meeting held 18 December 2002 be confirmed as an accurate record of the proceedings of that Meeting.

Voting - Unanimous

ABSENT Councillors H James, W M Marshall, P C P Youngblutt. Councillor James has informed the General Manager that his absence is caused by being out of the area. Councillor Marshall has informed the General Manager that her absence is caused by ill health. Councillor Youngblutt has informed the General Manager that his absence is caused by ill health.

2 Cr Davidson Cr Boyd

RESOLVED that the apology of Cr James, Cr Marshall, Cr Youngblutt be accepted.

Voting – Unanimous

ATTENDANCE AT MEETING Cr Brinsmead attended the meeting at 3.03pm.




CHAIRMAN

DISCLOSURE OF INTEREST Nil

ITEMS TO BE MOVED TO OR FROM CONFIDENTIAL

Nil SCHEDULE OF OUTSTANDING RESOLUTIONS 3 Cr Boyd Cr Luff

RESOLVED that this report be received and noted.

Voting - Unanimous

MAYORAL MINUTE

1. Gamajalah Education Centre Nobby’s Creek Councillors’ Invitation

This item was received and noted. 2. Council Staff Christmas Party

Councillors’ Invitations This item was received and noted. 3. Sue Vinnicombe – Campaign Office

Councillors’ Invitations This item was received and noted. 4. Citizenship Ceremony

Citizenship This item was received and noted. 5. Police Shop Front - Pottsville

Councillors’ Invitations This item was received and noted. 6. Casuarina Beach

Councillors’ Invitations This item was received and noted. 7. Presentation to Murwillumbah Chamber of Commerce

Councillors’ Invitations This item was received and noted.




CHAIRMAN

8. Tweed Shire City of the Arts Councillors’ Invitations

This item was received and noted. 9. Citizenship Ceremony

Citizenship This item was received and noted. 10. Cudgen Surf Life Saving Club

Councillors’ Invitations This item was received and noted. 11. Southern Cross University – Tweed Campus

Councillors’ Invitations This item was received and noted. 12. Doyara on Dreamtime Kingscliff

Councillors’ Invitations This item was received and noted. Adoption of Mayoral Minute

4 Cr Polglase

RESOLVED that the Mayoral Minute as presented be adopted.

Voting - Unanimous

SUSPENSION OF STANDING ORDERS 5 Cr Lawrie Cr Beck

RESOLVED that standing orders be suspended to deal with Item 12 of the Ordinary Agenda.

Voting – Unanimous 12. Reports into Allegations Concerning Tweed Shire Council - Independent

Commission Against Corruption ICAC

6 Cr Lawrie Cr Beck

RESOLVED that this report be received noted and commented upon.

7 Cr Beck Cr Brinsmead

RESOLVED that an extension of 10 minutes be granted to Cr Lawrie.




CHAIRMAN

Voting - Unanimous 8 Cr Beck Cr Brinsmead

RESOLVED that an additional 5 minutes be granted to Cr Lawrie.

Voting - Unanimous 9 Cr Davidson Cr Carroll

RESOLVED that an extension of 10 minutes be granted to Cr Boyd.

Voting – Unanimous 10 Cr Boyd Cr Davidson

RESOLVED that an additional 10 minutes be granted to Cr Luff.

Voting - Unanimous 11 Cr Luff Cr Lawrie

RESOLVED that an extension of 10 minutes be granted to Cr Beck.


The Motion was Carried


Cr Beck Cr Lawrie

PROPOSED that Mr R Bulford be requested to apologise to Councillors on the “balance team” who were brought into disrepute in the contents of his report together with a copy of the letter from Irene Moss.

This motion was subsequently withdrawn

RESUMPTION OF STANDING ORDERS 12 Cr Lawrie Cr Davidson

RESOLVED that Standing Orders be resumed.





CHAIRMAN

COMMITTEE OF THE WHOLE 13 Cr Boyd Cr Brinsmead

RESOLVED that Council resolves itself into a Confidential Committee of the Whole to consider Item 9 of the Confidential Agenda.

Voting – Unanimous Confidential Item 9 was considered in Committee at Minute No C2 with the resolution:

that Council:

1. Adopts an overall project budget of $3,393,000 as per this report.

2. Accepts the tender of Multi Span Australia Pty Ltd for the construction of the Tweed Regional Art Gallery building as amended to a construction cost of $2,500,000.

3. Delegates to the Director of Environment and Community Services the authority to approve variations of the contract by up to 3% of the tender price within the project budget of $3,393,000.

4. Completes all necessary documentation under the Common Seal of Council.

being brought into Open Council for further discussion.

14 Cr Carroll Cr Luff



15 RESOLVED that the Committee resumes in Open Council.

Voting - Unanimous

RETURN TO MEETING Cr Brinsmead having declared an interest in Confidential Item 9 in-committee returned to the meeting.




CHAIRMAN

URGENCY MOTION Sending of Australian Troops to the Middle East

Defence Force 16 Cr Beck Cr Lawrie

RESOLVED that this Urgency Motion not be dealt with by Council.

Voting For Voting Against Cr Polglase Cr Beck Cr Brinsmead Cr Davidson Cr Lawrie

Cr Boyd Cr Carroll Cr Luff

REPORTS THROUGH GENERAL MANAGER REPORTS FROM DIRECTOR DEVELOPMENT SERVICES

1. Tugun Bypass Tugun Bypass

Cr Beck Cr Lawrie

PROPOSED that Gold Coast City Council be informed that this Council does not have a particular preference in relation to current options. However, Tweed Shire Council has a strong desire to have plans for the Bypass finalised without further delay with the necessary funding in place.

AMENDMENT 1 Cr Luff Cr Boyd

PROPOSED that Council:

1. Does not have a particular position in relation to the current Stage 1 proposal entirely within Queensland.

2. Has a strong desire to have plans for the Bypass finalised as soon as possible.

3. Believes the remainder of the Bypass should be built entirely within Queensland.

4. Urges the Federal Government to apply the money thereby saved, to the planned deviation at Sexton Hill.

Amendment 1 was Lost




CHAIRMAN

Voting For Voting Against Cr Boyd Cr Carroll Cr Luff

Cr Polglase Cr Beck Cr Brinsmead Cr Davidson Cr Lawrie

AMENDMENT 2

17 Cr Polglase Cr Davidson

RESOLVED that Council advises the Federal Government, NSW and Queensland State Governments, and Gold Coast City Council of its suggestion to pursue a lower cost option as the preferred outcome subject to the Federal and NSW Government allocating surplus funds to enable an accelerated completion of the Sexton Hill Deviation.

Amendment 2 was Carried Voting – Unanimous

Amendment 2 on becoming the Motion was Carried

Voting - Unanimous 2. Draft Development Control Plan No. 47 - Cut and Fill on Residential Land

GT1/DCP/47 Pt1; DCP 18 Cr Luff Cr Boyd

RESOLVED that Council in accordance with clause 21 of the Environmental and Assessment Regulation 2000, approves draft Development Control Plan No. 47 – Cut and Fill on Residential land, with the following alterations:-

(a) Section 2.1.7 Delete the words “(ie especially ......)”

(b) Section 2.1.9 Delete

(c) Section 2.1.10 Renumber to 2.1.9

Add the word “battered” before the words “cut” and “fill”

After the word “boundary” add “, where the overall height at any point exceeds 500mm”

(d) Section 2.2 Geotechnical

Requirements Renumber to 2.3




CHAIRMAN

Second dot point After the word “height” add the words “and the new work may affect the integrity of the wall or batters”

Last dot point After the word “structures” add “by property owners”.

(e) Section 2.3 Variations to Cut and Fill Designs

Requirements Renumber to 2.2

Section 2.3.2 (now 2.2.2) Replace 8.1 with 2.1

Section 2.3.3 (now 2.2.3) After the word “excavation” add “or filling of land”

(f) Section 2.4 Alternative

Construction

Last dot point Delete “In-fill slabs” and substitute “Suspended slab design”

(g) Section 2.5 Vegetation Delete text below heading and substitute with “Erosion and sedimentation control measures must remain in place and be maintained until the exposed disturbed areas have been revegetated and/or stabilised.”

AMENDMENT Cr Lawrie Cr Beck

PROPOSED that this report be deferred to the next meeting of Council

The Amendment was Lost Voting For Voting Against Cr Beck Cr Lawrie

Cr Polglase Cr Boyd Cr Brinsmead Cr Carroll Cr Davidson Cr Luff


Voting For Voting Against Cr Polglase Cr Boyd Cr Brinsmead Cr Carroll Cr Davidson Cr Luff

Cr Beck Cr Lawrie




CHAIRMAN

3. Subdivision Certificate SC02/0056 for the Consolidation of Lots 6 and 7 DP 849367 Parkes Drive, Tweed Heads West

PF0370/70; 370.70 19 Cr Boyd Cr Luff

RESOLVED that Council:-

1. Consents to the modification to the Restriction On Use firstly referred to in the Section 88B Instrument annexed to DP849367 to inform prospective and subsequent owners that the land does not benefit from a connection to reticulated sewer via gravitational means.

2. Executes and endorses all necessary documentation under the Common Seal of Council.

Voting - Unanimous 4. Draft Tweed Local Environmental Plan 2000, Amendment No 40 - Black Rocks

Estate GT1/LEP/2000/40 Pt1; LEP-2000/40

20 Cr Luff Cr Boyd

RESOLVED that, in accordance with the Environmental Planning and Assessment Act 1979, Council forwards the draft Tweed Local Environmental Plan 2000, Amendment No 40 (Figure 1), to PlanningNSW and requests the Minister for Planning to make the Plan in accordance with Section 70 of the Environmental Planning and Assessment Act 1979.

Voting - Unanimous 5. Exhibition of Draft Tweed Local Environmental Plan 2000 (Amendment No. 15) -

Lots 25, 26 and 29 DP1000571, Snowgum Drive, Bilambil Heights (Marana Park Estate)

GT1/LEP/2000/15 Pt1; LEP-2000/15 21 Cr Luff Cr Davidson

RESOLVED that Council forwards draft Tweed Local Environmental Plan 2000 Amendment No. 15 as exhibited to the Minister for Planning and requests the Minister to make the Plan in accordance with Section 70 of the Environmental Planning and Assessment Act, 1979.

Voting - Unanimous




CHAIRMAN

6. Development Application for Alterations and Additions to an Existing Industrial Building for a Brothel Establishment at Lot 1 DP 610969 No. 57-61 Ourimbah Road, Tweed Heads

DA02/0474 Pt2; Ppty 3970.50 22 Cr Luff Cr Boyd


Voting - Unanimous

REPORTS FROM DIRECTOR CORPORATE SERVICES 7. Attendance at Conferences by Councillors

Councillors-Conferences 23 Cr Boyd Cr Davidson

RESOLVED that the Policy on the attendance at conferences by Councillors be amended by the addition of:-

C5.3.9 The cost for attendance at conferences/seminars is not to exceed $5,000.00 per Councillor per annum. Costs to include expenses relating to registration, travel, accommodation, meals and sundry items.

C5.3.10 A report is to be prepared and submitted to Council on the conference/seminar within four (4) weeks of attendance.

Voting - Unanimous 8. Council Business Ethics Policy

ICAC; Code of Conduct 24 Cr Boyd Cr Luff

RESOLVED that the draft Council Business Ethics Policy as advertised by adopted by Council namely:-

“Background

A business ethics policy outlines the moral standards which will guide the organisation in carrying out its business. It is the morality based structural framework which guides decision making and behaviour by all members of the organisation - in all of their actions in relation the work required by their role within the organisation. This framework exists concurrently with the legislative, regulatory and other policy requirements which mandate or otherwise affect the business of the organisation.

The business ethics of an organisation are based on the principles and values which are held/espoused by the organisation.




CHAIRMAN

The following business ethics policy is based on the principles of

• Accountability & Transparency

• Respect for others and for legal authority

• Stewardship and Community Leadership

Policy Objective

To provide clear ethical guidance to Councillors and staff regarding the conduct of Council business.

Policy Statement

Councillors and staff will conduct their role within the business of Council in such a way as to maintain the highest level of community accountability, community stewardship and leadership whilst maintaining respect for individuals and the rule of law.

Implementation

1. Councillors and staff will comply with all requirements of state legislation and regulation relating to local government administration and land development.

2. Councillors & staff will comply with requirements of Councils policies and procedures in particular the Code of Conduct and Procurement Policy.

3. Behavioural guidance in matters of responsibilities and circumstances is provided by the detail in these policies.

4. The requirements of these policies will be brought to the attention of persons who deal with Council on business matters.

5. Councillors will maintain a clear separation between their work as advocates of particular matters and their work as a member of Council as a determining body.

6. Councillors and staff will adopt a conservative approach to the avoidance and declaration of actual or potential conflict of interest and or pecuniary and non-pecuniary interest in matters which become the business of Council.

7. Councillors and staff will be particularly meticulous with regard to the requirements of the Code of Conduct and Implementation 5 in relation to land development matters.

8. Councillors and staff will act honestly and impartially and observe all requirements of equity and procedural fairness in their dealings with people and organisations who are involved in business with Council.

9. Councillors and or staff who believe that their ability to operate within these guidelines has been compromised by the actions of others are required to advise the Mayor or General Manager respectively and withdraw from further action on the matter of business until completion of investigation and action by the Mayor or General Manager.




CHAIRMAN

10. A Councillor and or staff member who does report such a matter will be protected by Councils Protected Disclosures Policy and the relevant State legislation.

Policy Responsibility

Director Corporate Services”

Voting - Unanimous 9. Unfunded Mandate/Natural Resource Management

Council Management 25 Cr Luff Cr Boyd

RESOLVED that Council supports the position of the Local Government Association NSW and the Shires Association of NSW that Local Governments should not be expected or required to provide rate rebates or concessions to fund natural resources management planning, programs or projects.

Voting - Unanimous

DECLARATION OF INTEREST Cr Boyd

Declared an interest in Item No 10. The nature of the interest is that Cr Boyd is the Chairman of the Fundraising Committee. Cr Boyd addressed Council on this item then left the meeting taking no part in the discussions or voting. 10. Multicap - Request for Funding Support

DA02/1329 Pt1; Donations 26 Cr Carroll Cr Luff

RESOLVED that Council considers the inclusion of further funding of $30,000 in the third quarterly review of the budget.


RETURN TO MEETING Cr Boyd returned to the meeting. 11. Ozzie Connects - Sponsorship

Festivals - Other; Sponsorship 27 Cr Boyd Cr Luff

RESOLVED that Council declines the opportunity to be a major sponsor of the Ozzie Connects Australian Crisis Appeal on this occasion.




CHAIRMAN

Voting - Unanimous

ADJOURNMENT OF MEETING Adjournment for dinner at 6.26pm.

RESUMPTION OF MEETING The Meeting resumed at 7.32pm. 12. Reports into Allegations Concerning Tweed Shire Council - Independent

Commission Against Corruption ICAC

28 Cr Lawrie Cr Boyd

This item was dealt with in the Ordinary Meeting at Minute No. 6

13. ICAC – “Fighting Fraud: Guidelines for State and Local Government”

ICAC 29 Cr Beck Cr Davidson


Voting - Unanimous 14. Financial Report for Period Ending 31 December 2002

Financial Reporting 30 Cr Boyd Cr Davidson


Voting - Unanimous

LATE ITEM 31 Cr Boyd Cr Davidson

RESOLVED that Item 14a being an Addendum item be dealt with and it be ruled by the Chairman to be of great urgency.

Voting - Unanimous




CHAIRMAN

14a. Tweed River Management Plan Waterways; Tweed River Management Plan

32 Cr Boyd Cr Luff

RESOLVED that Council notes that a report explaining the impact of the change will be provided at a subsequent meeting.

Voting - Unanimous

REPORTS FROM DIRECTOR ENGINEERING SERVICES 15. Canal Management

Canals, Boat Ramps, Pontoons, Jetties 33 Cr Boyd Cr Lawrie

RESOLVED that Council notes the existing policies and standards in relation to canals and associated infrastructure.

Voting - Unanimous 16. Acquisition for Road Purposes - Lots 1 to 5 DP 1044178 - Formalisation of

Formation of Murphys Road, Kingscliff R3620; Land Acquisition; Murphys Road

34 Cr Boyd Cr Luff

RESOLVED that:-

1. Council approves the acquisition of Lots 1 to 5 in DP 1044178 as public road under the provisions of the Land Acquisition (Just Terms Compensation) Act, 1991 for the purposes of the Roads Act, 1993; and

2. All necessary documentation be endorsed under the Common Seal of Council.

Voting - Unanimous 17. Classification of Land as Operational - Cabonga Pty Ltd - Vintage Lakes Stage 8A

- Tweed Heads South DA1020/245 Pt3; Ppty 1020.245; Drainage Reserve

35 Cr Luff Cr Boyd

RESOLVED that the land proposed to be transferred to Council as a Drainage Reserve, described as proposed Lot 41 in the subdivision of Lot 1 in DP 1044389 be classified as Operational under section 31 of the Local Government Act, 1993.

Voting - Unanimous




CHAIRMAN

18. Acquisition of Land - Lot 37 Section 18 DP 28390 being 88 Philp Parade, Tweed

Heads South PF4280/420; Acquisitions; Ppty 4280.420

36 Cr Boyd Cr Luff

RESOLVED that:-

1. Council approves the purchase of Lot 37 Section 18 DP 28390 from Mr David Anderson for the sum of $25,000.00 (GST inclusive) and that Council bears all costs associated with the purchase, including Mr Anderson’s legal costs:

2. That the land be classified as community for open space purposes; and

3. Council executes and endorses all necessary documentation under the Common Seal of Council.

Voting - Unanimous 19. Mooball Village Main Street Project

Street Scaping - Mooball 37 Cr Beck Cr Davidson


1. Adopts the Mooball Village master plan revision dated January 2003 prepared by GeoLink Environmental Management & Design.

2. Proceeds to call tenders for the construction of a toilet block at the location shown on the master plan.

Voting - Unanimous 20. Application to Close & Purchase Public Road - Creek Street, Hastings Point

R1431; Road Closures General; Creek Street 38 Cr Boyd Cr Luff

RESOLVED that Council does not approve the road closure and purchase of part of Creek Street, Hastings Point adjacent to Lot 156 in DP 628026.

Voting - Unanimous




CHAIRMAN

21. Acquisition of Land for Burringbar Sewerage Facility - Lot 8 & Part Lot 10 in DP 820055 from Quinn

Sewerage Treatment – Burringbar; Land Acquisition; Land Purchase 39 Cr Boyd Cr Luff

RESOLVED that :-

1. Council endorses the execution of all necessary documentation in the purchase of Lot 8 and part Lot 10 in DP 820055 under the Common Seal of Council; and

2. The land be classified as operational under the Local Government Act, 1993 following settlement.

Voting - Unanimous 22. Transfer of Lots 83, 84 and 85 in DP 1027531 and Lot 82 in DP 1031933 being

Pump Station Lots Pursuant to Development Consent - Casuarina Beach, Kingscliff

GS4/96/135 Pt21; Land Transfer; Casuarina Development 40 Cr Boyd Cr Luff

RESOLVED that:-

1. Council consents to the transfer of Lots 83, 84 & 85 in DP 1027531 and Lot 82 in DP 1031933 to Council by registration of a Transfer;

2. The lots be classified as operational under the Local Government Act, 1993; and

3. Council endorses all necessary documentation under the Common Seal of Council.

Voting - Unanimous 23. Water Supply and Sewerage Performance Report

Water Management - Policy - Pricing, Sewerage Management - General 41 Cr Boyd Cr Luff


1. Notes the Water Supply and Sewerage Performance Report for 2000/2001.

2. Places copies of the report in the Murwillumbah and Tweed Heads Civic Centres and advises of such in the Tweed Link.

Voting - Unanimous




CHAIRMAN

24. Boundary Adjustment with Council Owned Land at Flame Tree Park to Rectify Boundary Encroachment

GS4/95/5 Pt16; Drainage Reserve 42 Cr Luff Cr Davidson


1. Consents to the boundary adjustment between Lots 240, 243 to 246 inclusive and the Drainage Reserve comprised in Lot 236 by registration of a subdivision plan; and

2. Executes and endorses all necessary documentation under the Common Seal of Council.

Voting - Unanimous 25. Tweed Road Contribution Plan, Arterial Network Revision 2002 Amendment

GT1/S94/4 Pt4; Section 94 43 Cr Boyd Cr Luff

RESOLVED that Council, in accordance with clause 31 of the Environmental Planning and Assessment Regulation 2000, approves the draft Tweed Road Contributions Plan, being Contributions Plan No 4 – Version 4.6, in the form it was publicly exhibited.

Voting - Unanimous

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITY SERVICES 26. Policy - Low Light Reflective Building Materials

Building – General 44 Cr Boyd Cr Luff


1. Continues its current approach by assessing requests and applications on their respective merits, having regard to the impacts on surrounding residents and the scenic quality of the area, and applying conditions considered appropriate to control colours and reflectivity of building materials.

2. Prepares a Development Control Plan to address the issues raised in this report relating to reflectivity of building materials.




CHAIRMAN

Voting For Voting Against Cr Beck Cr Boyd Cr Brinsmead Cr Carroll Cr Davidson Cr Lawrie Cr Luff

Cr Polglase

27. Complying Development Applications - Forms Required

Building – General; Pre-requisite to Complying Development 45 Cr Lawrie Cr Polglase

RESOLVED that Council develops an application form format which comprises of a common cover sheet containing all of the core material necessary for inclusion in each of the applications concerned.

Voting - Unanimous

28. Public Toilet Facilities - Stokers Siding Public Toilets; TEDC; Village Development Strategy

46 Cr Boyd Cr Luff

RESOLVED that Council refers the request to the Tweed Economic Development Corporation for consideration as part of the Village Development Program.

AMENDMENT Cr Lawrie Cr Beck

PROPOSED that Council undertakes immediate steps to provide public toilet facilities at Stokers Siding by no later than 31 March 2003.

The Amendment was Lost Voting For Voting Against Cr Beck Cr Brinsmead Cr Lawrie

Cr Polglase Cr Boyd Cr Carroll Cr Davidson Cr Luff

The Motion was Carried Voting - Unanimous




CHAIRMAN

REPORTS FROM COMMITTEES/WORKING GROUPS 1. Minutes of the Local Traffic Committee Meeting held Thursday 12 December 2002

Traffic Committee 5. Florence and Wharf Streets, Tweed Heads

R5091 Pt13; R2100 Pt99; DW701977 47 Cr Boyd Cr Davidson

RESOLVED that no further action be taken at this stage.

Voting - Unanimous 9. Sand Street, Kingscliff

R4880; DW703653; Sand Street; Surf Street 48 Cr Boyd Cr Davidson

RESOLVED that extensive trimming of trees to improve sight distance be carried out at the corner of Sand and Surf Street, Kingscliff and that the crew ensures the bottom branches are trimmed to ensure visibility from vehicles is clear.

Voting - Unanimous 1. Mistral Road, Murwillumbah

R3488 Pt1; Mistral Road; Speed Zones 49 Cr Boyd Cr Davidson

RESOLVED that the 60kph signs be relocated as proposed on Mistral Road 200m further west.

Voting - Unanimous 3. Dry Dock Road, Tweed Heads South

R1680 Pt2; DW708734; Dry Dock Road; Caravan Park – The Palms 50 Cr Boyd Cr Davidson

RESOLVED that:-

1. Council writes to the owner of the Shopping Village and Caravan Park advising of the Committee’s recommendations.

2. ‘Elderly Pedestrians’ advisory signage be erected on the approaches to the Palm Village Caravan Park entrance on Dry Dock Road, Tweed Heads South

Voting - Unanimous




CHAIRMAN

5. B-Double Route Kennedy & Minjungbal Drives, Tweed Heads R2830 Pt5; R3454 Pt1; Traffic – Weight of Vehicles; Kennedy Drive; Minjungbal Drive

51 Cr Boyd Cr Davidson

RESOLVED that Council request the Roads and Traffic Authority to rescind the currently gazetted 25m B-Double route on Kennedy Drive between the Motorway and Terranora Terrace and from Terranora Terrace along Minjungbal Drive to the Motorway interchange at South Tweed.

Voting - Unanimous


RESOLVED that the balance of the Minutes of the Local Traffic Committee Meeting be adopted.

Voting - Unanimous 2. Minutes of the Public Transport Working Group Committee Meeting held

Thursday 12 December 2002 GT1/41 Pt3; Public Transport Committee

1. Policy Document Review GT1/41 Pt3


RESOLVED that Council identifies a process whereby bus stop locations are identified in built-up areas, and clarifies the role of operators.

Voting - Unanimous


RESOLVED that the balance of the Minutes of the Public Transport Working Group Committee Meeting be adopted.

Voting - Unanimous

DELEGATES REPORTS Nil

OUTSTANDING INSPECTIONS

Nil




CHAIRMAN

ITEMS OF INTEREST & INFORMATION Nil

ORDERS OF THE DAY

1. Policy Review - Dredging Tweed River Notice of Motion, Dredging-Tweed River, Cudgen Creek

55 Cr Brinsmead Cr Beck

RESOLVED that Council:

1. Requests the Director-General of the Department of Land and Water Conservation, Director of Fisheries NSW and the Chief Executive of the Waterways Authority, to provide staff to form a committee in conjunction with the Tweed Shire Council to examine the opportunities/limitations of dredging the Tweed River and Terranora Broadwater to increase navigability and usage opportunities. That this joint State Government/Council committee also look at dredging the mouth of the Cudgen Creek as a matter of urgency in respect to safety and strong community support.

2. That Council seeks the support of the State Member, Mr Neville Newell, to facilitate the committee formation.

56 Cr Boyd Cr Lawrie

RESOLVED that an extension of 2 minutes be granted to Cr Brinsmead.

Voting - Unanimous 57 Cr Luff Cr Carroll


Voting For Voting Against Cr Polglase Cr Boyd Cr Carroll Cr Davidson Cr Luff

Cr Beck Cr Brinsmead Cr Lawrie

PROCEDURAL MOTION 58 Cr Beck

RESOLVED that the Motion be put.




CHAIRMAN

Voting For Voting Against Cr Polglase Cr Beck Cr Boyd Cr Brinsmead Cr Davidson Cr Lawrie

Cr Carroll Cr Luff


Voting For Voting Against Cr Polglase Cr Beck Cr Boyd Cr Brinsmead Cr Carroll Cr Davidson Cr Lawrie

Cr Luff

2. Policy Review - Dredging (Cudgen Creek)

Notice of Motion; Dredging-Cudgen Creek

This item was dealt with in conjunction with Orders of the Day, Notice of Motion Item 1 (Minute Number 55 refers)

2a. Land and Environment Court Decision - Brothel Ourimbah Road, Tweed Heads

Notice of Motion; DA02/0474 Pt2; Land and Environment Court; Ppty 3970.50 59 Cr Lawrie Cr Polglase

RESOLVED that Council urgently obtains an opinion from Murray Tobias QC on the prospects of the success of an appeal against the recent decision of the Land and Environment Court regarding the “mega-brothel” in Ourimbah Road, Tweed Heads.

60 Cr Beck Cr Luff

RESOLVED that an extension of 5 minutes be granted to Cr Lawrie.


AMENDMENT 1 Cr Boyd Cr Davidson

PROPOSED that the course of action proposed be deferred until next meeting of Council to enable more relevant information to be provided, including the cost so far incurred, the




CHAIRMAN

estimated cost of the advice from Mr Tobias QC, any case history that can be discovered and the proposed course of action to be taken if advice given is to appeal.

Amendment 1 was not Carried Voting For Voting Against Cr Boyd Cr Brinsmead Cr Carroll Cr Davidson

Cr Polglase Cr Beck Cr Lawrie Cr Luff

61 Cr Boyd Cr Carroll

RESOLVED that an extension of 1 minute be granted to Cr Luff.

Voting For Voting Against Cr Polglase Cr Boyd Cr Carroll Cr Davidson Cr Luff

Cr Beck Cr Brinsmead Cr Lawrie

AMENDMENT 2

Cr Luff Cr Carroll

PROPOSED that Council seeks advice from its solicitors to ascertain whether in their opinion there are any grounds for appeal against the decision of the Assessor in the recent brothel case.

Amendment 2 was Lost Voting For Voting Against Cr Boyd Cr Carroll Cr Luff

Cr Polglase Cr Beck Cr Brinsmead Cr Davidson Cr Lawrie


Voting For Voting Against Cr Polglase Cr Beck Cr Brinsmead Cr Davidson Cr Lawrie

Cr Boyd Cr Carroll Cr Luff

WORKSHOPS PREVIEW

Nil




CHAIRMAN

QUESTION TIME

Tweed Task Force Tweed Heads Ministerial Task Force

Cr Beck What is happening with my position on the Tweed Task Force? When is the next meeting? Should I attend?

The General Manager advised that no further advice since last report. The next meeting of the Tweed Task Force is to be held on 28 January 2003 and suggested that Cr Beck not attend

Advertising Structures

Advertising - Signs Cr Luff

Have Council Rangers observed and reported on the legality or otherwise of the advertising structure on the high south of Chinderah just before the turn off to Tweed Valley Way? The structure appears to be a vehicle and supporting a sign advertising Tropical Fruit World.

The General Manager advised that this matter will be referred to the Director Development Services and Director Environment & Community Services for their attention.

Earthworks – Stott Street, Bilambil Heights

DA4765/20 Pt5; Lot 2 DP 537490 Walmsleys Road Cr Luff

What, if any, action was taken by Council in regard to the allegation that earthworks by the developer of the retirement facility at Stotts Street, Bilambil Heights were left uncovered and unprotected so that they were causing a nuisance to residents because of dust, so that a risk existed that the disturbed earth would be eroded in the event of rain?

The General Manager advised that this matter will be referred to the Director Development Services.

COMMITTEE OF THE WHOLE 62 Cr Boyd Cr Luff

RESOLVED that Council resolves itself into a Confidential Committee of the Whole.

Voting - Unanimous

The General Manager reported that the Confidential Committee of the Whole had excluded the press and public from the whole of the Committee Meeting because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reason of the confidential nature of the business to be transacted, and made the following recommendations to Council:-




CHAIRMAN

9. Tenders - Tweed Regional Art Gallery Contract New Art Gallery; DA3488/12 Pt3

Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret

C2 That Council:

1. Adopts an overall project budget of $3,393,000 as per this report.

2. Accepts the tender of Multi Span Australia Pty Ltd for the construction of the Tweed Regional Art Gallery building as amended to a construction cost of $2,500,000.

3. Delegates to the Director of Environment and Community Services the authority to approve variations of the contract by up to 3% of the tender price within the project budget of $3,393,000.

4. Completes all necessary documentation under the Common Seal of Council.

Voting For Voting Against Cr Polglase Cr Boyd Cr Carroll Cr Davidson Cr Lawrie Cr Luff

Cr Beck

REPORTS THROUGH GENERAL MANAGER IN COMMITTEE REPORTS FROM DIRECTOR DEVELOPMENT SERVICES IN COMMITTEE

1. Draft Tweed Local Environmental Plan 2000, Amendment No 23 - Highway Service Centre - Melaleuca Station - Assessment of Tenders to Prepare Environmental Study

GT1/LEP/2000/23 Pt1 Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret




CHAIRMAN

C6 That Council awards the Tender to Terra Consulting Pty Ltd subject to Mr R Christiansen providing full funding for engaging Terra Consulting Pty Ltd's professional services.

Voting - Unanimous 2. Proposed Subdivision and Rezoning of Lot 2, DP 589967, Gray Street, Tweed

Heads West DA2300/200 Pt2; GT1/LEP/2000/37 Pt1

Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (b) the personal hardship of any resident or ratepayer That this report be received and noted.

Voting - Unanimous

REPORTS FROM DIRECTOR CORPORATE SERVICES IN COMMITTEE 3. Strategic Asset and Service Management Program and Policy

Insurance - Risk Management Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

C8 That Council:-

1. Receives and notes the Report on the Strategic Asset and Service Management Policy.

3. Adopts the recommendations contained in the Strategic Asset and Service Management Report.

2. Adopts the Strategic Asset and Service Management Policy.

Voting - Unanimous 4. Lease for Linmill Pty Limited

Airfield - Murwillumbah; Lease - Council Property AirRep0301 Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

C9 That Council:-

1. Consents to the creation of an additional five (5) year lease option for Hangars 3 and 10 leased to Linmill Pty Limited at the Bob Whittle Murwillumbah Airfield.

2. Completes all necessary document under the Common Seal of Council

Voting - Unanimous




CHAIRMAN

5. Advance/Grant - Tweed District Rescue Squad Inc. Tweed District Rescue Squad; Donations

Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

C10 That :-

1. Council provides an interest free Advance/Grant of $130,000 plus legal and associated costs to the Tweed District Rescue Squad Inc. to purchase the property they currently rent in Morton Street, Chinderah.

2. Repayments of the advance are not to be less than $5,000 per annum, with the Morton Street, Chinderah property being held as security to Council.

3. Funding be subject to the Quarterly Budget Review.

4. Adequate Security be obtained.

5. All necessary documentation be completed under the Common Seal of Council.

Voting - Unanimous

REPORTS FROM DIRECTOR ENGINEERING SERVICES IN COMMITTEE 6. Contract 0202380 (EC2002-107) Construction of Kingscliff Sewage Treatment

Plant Interim Upgrade Works - Awarding of Tender GC12/3 - 2002107 Pt1

Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret

C11 That Council recommends to the Department of Public Works and Services that the contract for construction of the interim upgrade works at the Kingscliff Sewage Treatment Plant be awarded to Telfer and Company Pty Ltd at a lump sum price of $409,091 plus GST of $40,909.

Voting - Unanimous

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITY SERVICES IN COMMITTEE

7. Commencement of Development without the Prior Consent of Council at Lot 17 DP878567, No 4 Carmen Place, Condong - G & J Tapp

DA0958/20 Pt1; GS4/95/73 Pt4 Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege




CHAIRMAN

C12 That Council:-

1. Allows the current level of filling already provided of up to RL 5.50 metres AHD to remain on site, and to require Mr & Mrs Tapp to provide suitable site retention and drainage in conjunction with their current Development Application, and;

2. A letter of severe reprimand be sent Mr & Mrs Tapp for carrying out such unauthorised earth works.

Voting For Voting Against Cr Polglase Cr Beck Cr Boyd Cr Carroll Cr Davidson Cr Lawrie

Cr Luff

8. Building Without Approval - Lot 16 Section 5 DP8568 No. 43 Charles Street,

Tweed Heads DA02/1850 Pt1

Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

This item was withdrawn. 9. Tenders - Tweed Regional Art Gallery Contract

New Art Gallery; DA3488/12 Pt3 Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business Confidential Nature of This Item: The Local Government Act 1993 Clause 10A(2) (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret This item was dealt with earlier in the Confidential Meeting at Minute No. C2.

63 Cr Davidson Cr Lawrie

RESOLVED that the report and recommendations of the Confidential Committee of the Whole be adopted.

Voting - Unanimous




CHAIRMAN

There being no further business the Meeting terminated at 10.10pm.

��

Minutes of Meeting Confirmed by Council

at Meeting held

I hereby certify that I have authorised the affixing of my electronic signature to the previous pages numbered 1 to 25 of these Minutes

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Chairman

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