ordinary minutes 19/1/2000 - tweed shire · from our own preconceptions and vested self-interest....

46
TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM Minutes - Ordinary Meeting of Tweed Shire Council Minutes - Ordinary Meeting of Tweed Shire Council THIS IS PAGE NO 1 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELD WEDNESDAY 19 JANUARY 2000 GENERAL MANAGER CHAIRMAN IN ATTENDANCE Councillors L F Beck (Mayor), M R Boyd, RD Brinsmead, BJ Carroll, GDavidson (Deputy Mayor), H James, G J Lawrie, B M Luff, W M Marshall, W J Polglase, P C P Youngblutt. Also present were Dr John Griffin (General Manager), Mr John Henley (Acting 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 Meredith Smith (Minutes Secretary). Cr Carroll was not present at the commencement of the meeting. The meeting opened with a Prayer by Council’s Chaplain, Reverend Ian Hartland. “Commit your way to the LORD; trust in Him and He will bring it to pass. Psalm 37:5 O God, a new year has come, full of challenge and potential. We come with excitement and apprehension at the opportunity to take the communities of our Shire into the new era which has dawned. Give us a vision for our Shire; and give us boldness and courage to pursue that vision. Give us wisdom and grace to deal with every situation honestly, openly and with integrity so that we will make the right decisions, which will enrich the life of the people of the Shire. Set us free from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to please others. Lord God, put within us a desire for unity and harmony so that we can work together to bring a new prosperity to our Shire. Help us to listen to each other and to be gracious with one another as we present and consider differing points of view. We ask Your blessing for each other; and especially for our Mayor, Lynne, as she pursues the duties of her office. Grant her wisdom, patience and grace as she gives leadership in our meetings and within the Shire. Father, let the Holy Spirit brood over this chamber and fill us with Your peace. Bring us to the end of this day feeling satisfied and fulfilled in all that we have done; for we ask it in Jesus’ Name. Amen.” CONFIRMATION OF MINUTES GC6/13 Pt4 1108 Cr Luff Cr Marshall RESOLVED that the Minutes of the Ordinary Meeting held 15 December 1999 be confirmed as an accurate record of the proceedings of that Meeting.

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Page 1: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 1 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

IN ATTENDANCECouncillors L F Beck (Mayor), M R Boyd, R D Brinsmead, B J Carroll, G Davidson(Deputy Mayor), H James, G J Lawrie, B M Luff, W M Marshall, W J Polglase,P C P Youngblutt.

Also present were Dr John Griffin (General Manager), Mr John Henley (Acting DirectorEngineering Services), Mr David Broyd (Director Development Services), Mr DonBuckley (Director Environment & Community Services), Mr Ian Carpenter (DirectorCorporate Services), Mr Brian Donaghy (Manager Administration Services/PublicOfficer) and Mrs Meredith Smith (Minutes Secretary).

Cr Carroll was not present at the commencement of the meeting.

The meeting opened with a Prayer by Council’s Chaplain, Reverend Ian Hartland.

“Commit your way to the LORD;trust in Him and He will bring it to pass.

Psalm 37:5O God, a new year has come, full of challenge and potential. We come withexcitement and apprehension at the opportunity to take the communities of ourShire into the new era which has dawned. Give us a vision for our Shire; and giveus boldness and courage to pursue that vision. Give us wisdom and grace to dealwith every situation honestly, openly and with integrity so that we will make theright decisions, which will enrich the life of the people of the Shire. Set us freefrom our own preconceptions and vested self-interest. Protect us from beingforced into compromise and making unwise decisions simply to please others.

Lord God, put within us a desire for unity and harmony so that we can worktogether to bring a new prosperity to our Shire. Help us to listen to each otherand to be gracious with one another as we present and consider differing points ofview. We ask Your blessing for each other; and especially for our Mayor, Lynne,as she pursues the duties of her office. Grant her wisdom, patience and grace asshe gives leadership in our meetings and within the Shire.

Father, let the Holy Spirit brood over this chamber and fill us with Your peace.Bring us to the end of this day feeling satisfied and fulfilled in all that we havedone; for we ask it in Jesus’ Name. Amen.”

CONFIRMATION OF MINUTES GC6/13 Pt41108Cr LuffCr Marshall RESOLVED that the Minutes of the Ordinary Meeting held 15 December 1999 be

confirmed as an accurate record of the proceedings of that Meeting.

Page 2: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 2 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

Voting - Unanimous

ATTENDANCE AT MEETING GC6/1/2 Pt1

Cr Carroll attended the meeting at 4.05pm.

1109Cr MarshallCr Luff RESOLVED that the Minutes of the Extraordinary Meeting held 21 December 1999

be confirmed as an accurate record of the proceedings of that Meeting.

Voting - Unanimous1110Cr MarshallCr Davidson RESOLVED that the Minutes of the Extraordinary Meeting held 10 January 2000 be

confirmed as an accurate record of the proceedings of that Meeting.

Voting - Unanimous

ABSENT GC6/1/2 Pt1Nil.

DISCLOSURE OF INTEREST GC6/1/4 Pt1Nil

ITEMS TO BE MOVED TO OR FROM CONFIDENTIAL1111Cr LawrieCr Boyd RESOLVED that Item 3 of the Confidential Agenda be considered in Ordinary

Council.

Voting - Unanimous

1112Cr LawrieCr Marshall RESOLVED that Item 4 of the Confidential Agenda be considered in Ordinary

Council.

Voting - Unanimous

Cr Lawrie

Page 3: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 3 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

Cr Marshall PROPOSED that Item 9 of the Confidential Agenda be considered in OrdinaryCouncil.

The Motion was LostVoting For Voting Against

Cr BrinsmeadCr LawrieCr MarshallCr Youngblutt

Cr BeckCr BoydCr CarrollCr DavidsonCr JamesCr LuffCr Polglase

1113Cr LawrieCr Marshall RESOLVED that Item 15 of the Confidential Agenda be dealt with in Ordinary

Council.

Voting For Voting Against

Cr BeckCr BoydCr BrinsmeadCr CarrollCr JamesCr LawrieCr Youngblutt

Cr DavidsonCr LuffCr MarshallCr Polglase

SCHEDULE OF OUTSTANDING RESOLUTIONS

1114Cr PolglaseCr Lawrie RESOLVED that this report be received and noted.

Voting - Unanimous

SUSPENSION OF STANDING ORDERS GC6/41115Cr JamesCr Boyd RESOLVED that standing orders be suspended to deal with Items 12a, 1a (Item

Deferred), 1 and 3 of the Agenda.

Voting - Unanimous

Page 4: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 4 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

REPORTS THROUGH DIRECTOR DEVELOPMENT SERVICES

12a. Kings Beach Development: Stage 1 - Draft Dune Management Plan andLot 500 Management Plan

GS4/96/135 Pt11

Cr JamesCr Boyd PROPOSED that Council:-

1. Not accepts the draft Dunal Management Plan and Lot 500 Management Plansubmitted by Cardno MBK on 14 January 2000 and invites Cardno MBK andLenen Pty Limited to improve the draft Plan in accordance with the evaluation bythe Department of Land and Water Conservation, Council officers, the NationalParks and Wildlife Service and Tein McDonald and Associates - suchnegotiations to potentially include agreement to engage an appropriateindependent mediator to finalise the matter; and

2. Again invites Lenen Pty Limited to open to the new section of the Tweed CoastRoad.

AMENDMENT

1116Cr PolglaseCr Lawrie RESOLVED that:-

1. Council confirms its acceptance of the Dune Management Plan and Lot 500Management Plan as lodged by Lenen (as amended) and directs its Director ofDevelopment Services to confirm to Lenen and appropriate authorities, theacceptance of the Dune Management Plan and Lot 500 Management Plan andsupport for the issue of necessary licences for the work to proceed.

2. The developer obtains the necessary licensing from the Department of Land andWater Conservation for dune management works on the coastal reserve.

1117Cr BoydCr Luff RESOLVED that an extension of 2 minutes be granted to Cr James.

Voting - Unanimous

1118Cr JamesCr Luff RESOLVED that an extension of 2 minutes be granted to Cr Boyd.

Voting - Unanimous

Page 5: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 5 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

1119Cr BoydCr Luff RESOLVED that an extension of 2 minutes be granted to Cr Brinsmead.

Voting - Unanimous

1120Cr JamesCr Polglase RESOLVED that an extension of 2 minutes be granted to Cr Boyd.

Voting - Unanimous

The Amendment was Carried

Voting For Voting Against

Cr BeckCr BrinsmeadCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr CarrollCr JamesCr Luff

The Amendment on becoming the Motion was Carried

Voting For Voting Against

Cr BeckCr BrinsmeadCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr CarrollCr JamesCr Luff

A NOTICE OF RESCISSION WAS RECEIVED ON THIS ITEM FROM CRS JAMES, LUFFAND BOYD

CODE OF MEETING PRACTICE - ACT OF DISORDERCouncil Meetings

1121Cr Youngblutt

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TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 6 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

Cr Brinsmead RESOLVED that Mr Tabart be removed from the Public Gallery due to continualdisruption.

Voting For Voting Against

Cr BeckCr BrinsmeadCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr CarrollCr JamesCr Luff

ADJOURNMENT OF MEETING GC6/4

Cr Beck Declared that the meeting adjourned for 10 minutes to allow the Public Gallery to becleared.

RESUMPTION OF MEETING GC6/4

The Meeting resumed.

ITEMS DEFERRED

1a. Clearing and Building Works within Lot 3 DP 865049 (Lenen Pty Ltd) andLot 500 DP 727420 (Crown Land) - Kings Beach

DA1180/668 Pt3

Cr LuffCr Boyd PROPOSED that:-

1. Council recommends to the Reserves Trust that it prosecutes those persons orentities responsible for the unlawful clearing of vegetation on Crown Land atSouth Kingscliff.

2. Lenen Pty Ltd and Consolidated Properties Pty Ltd be required to remove theconcrete slab with 21 days of the date of notification, failing which Council willcommence proceedings in the Land and Environment court seeking orders fordemolition of the structure and costs.

AMENDMENT1122Cr PolglaseCr Lawrie RESOLVED that Lenen Pty Ltd and Consolidated Properties Pty Ltd:-

Page 7: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 7 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

A. Be required to remove the concrete slab within 21 days of the date of notification,failing which Council will commence proceedings in the Land and EnvironmentCourt seeking orders for demolition of the structure and costs.

B. Be required to rehabilitate the cleared area within the land owned by Lenen andthe Crown Land within 6 weeks of the date of notification, in accordance with theDune Management Plan and Lot 500 Management Plan required by conditions35 and 49 of the Stage 1 consent S96/135 issued by the Land and EnvironmentCourt. Those plans shall include specific provisions for rehabilitation of thecleared areas and shall not include removal of Bitou bush by means which willdisturb adjacent native vegetation. Failure to comply with this requirement willresult in Council commencing legal proceedings in the Land and EnvironmentCourt seeking orders for rehabilitation of the land and costs.

The Amendment was Carried

Voting For Voting Against

Cr BeckCr BrinsmeadCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr CarrollCr JamesCr Luff

The Amendment on becoming the Motion was Carried

Voting For Voting Against

Cr BeckCr BrinsmeadCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr CarrollCr JamesCr Luff

REPORTS FROM DIRECTOR DEVELOPMENT SERVICES

Page 8: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 8 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

1. Kings Beach (North) Development Control Plan and Section 94Contributions Plan.

GT1/DCP/411123Cr PolglaseCr Marshall RESOLVED that:-

1. Council defers work on a Development Control Plan for the Kingscliff South areauntil the currently submitted Development Applications are resolved.

2. A report be prepared to review the zoning of the land owned by Richtech Pty Ltdand others with the objective of considering a more flexible zone (such as 2(e)Residential Tourist) to allow early development of the land for appropriate uses.This zoning is to be included as part of amendment to the draft LEP to beimplemented by Council by 15/3/2000.

3. Council considers, in conjunction with land owners, an alternative road corridorthrough the land in former portion 197 and known as Seaside City provided thatdelay shall not occur to processing of Development Application K99/1723 fordedication of land to public ownership.

AMENDMENT

Cr LuffCr James PROPOSED that Council:-

1. Prepares a draft Development Control Plan for Kings Beach (North) and draftSection 94 Contributions Plan in accordance with the relevant provisions of theEnvironmental Planning and Assessment Regulation.

2. Reviews the zoning of “Seaside City” (the subdivision approved in the 1920’s) aspart of the planning process associated with the draft Development Control Plan.

PROCEDURAL MOTION GC6/41124Cr YoungbluttCr Marshall RESOLVED that the Motion be Put.

Voting For Voting Against

Cr BeckCr BrinsmeadCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr CarrollCr JamesCr Luff

Page 9: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 9 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

The Amendment was Lost

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr Luff

Cr BeckCr BrinsmeadCr LawrieCr MarshallCr PolglaseCr Youngblutt

The Motion was Carried

Voting For Voting Against

Cr BeckCr BrinsmeadCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr CarrollCr DavidsonCr JamesCr Luff

3. Kings Beach Development - Stage 1 - Draft Linen Plan of Subdivision -Development Consent S96/135 Issued by the Land and EnvironmentCourt

GS4/96/135 Pt111125Cr BoydCr Luff RESOLVED that this item be deferred to the Council Meeting of 2 February 2000.

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr LuffCr MarshallCr PolglaseCr Youngblutt

Cr BeckCr Brinsmead

ADJOURNMENT OF MEETING GC6/4

Adjournment for dinner at 6.50pm.

Page 10: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 10 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

RESUMPTION OF MEETING GC6/4

The Meeting resumed at 7.51PM.

URGENCY MOTION GC6/4 308

1126Cr PolglaseCr Davidson RESOLVED that Item 12a be recalled to consider a resolution which could allow the

opening of the Coast Road.

Voting For Voting Against

Cr BeckCr BoydCr BrinsmeadCr DavidsonCr LawrieCr LuffCr MarshallCr PolglaseCr Youngblutt

Cr CarrollCr James

12a. Kings Beach Development: Stage 1 - Draft Dune Management Plan andLot 500 Management Plan

GS4/96/135 Pt11

1127Cr PolglaseCr Davidson RESOLVED that Council supports the general alignment of the road shown on plan

MG9808/3 dated 6 October 1998 traversing Lot 7 which is in accordance with theconsent S96/135 issued by the Land and Environment Court.

Page 11: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 11 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

Voting For Voting Against

Cr BeckCr BoydCr BrinsmeadCr CarrollCr DavidsonCr LawrieCr LuffCr MarshallCr PolglaseCr Youngblutt

Cr James

RESUMPTION OF STANDING ORDERS GC6/4 3081128Cr MarshallCr Youngblutt RESOLVED that Standing Orders be resumed.

Voting - Unanimous

ITEMS DEFERRED

15. Traffic Impacts of Cobaki Lakes Development on the Distributor RoadNetwork

GB3/21 & GT1/23/41129Cr JamesCr Luff RESOLVED that this Item be deferred pending a Workshop being held.

Voting - Unanimous

REPORTS THROUGH DIRECTOR DEVELOPMENT SERVICES

2. Proposed Detached Dual Occupancy at Lot 17 Section 18 DP 28390Lakeview Parade, Tweed Heads South

DA2990/430 Pt2

Page 12: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 12 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

Cr LuffCr Boyd PROPOSED that the development application submitted by Greg Grinter to erect a

detached dual occupancy at Lot 17 Section 18 DP 28390 Lakeview Parade, TweedHeads South be refused for the following reasons:-1. Due to the history of instability of the site it is considered that Council could be

liable in negligence if there is a slope failure in the future for approving thedevelopment as it is aware that the site has a history of slope failure.

2. The conclusions reached in the Geotechnical report are considered not to besatisfactory and the applicant has failed to further investigate the conclusions andprovide further evidence supporting the conclusions.

The Motion was Lost

Voting For Voting Against

Cr BeckCr BoydCr JamesCr Luff

Cr BrinsmeadCr CarrollCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

1130Cr LawrieCr Polglase RESOLVED that Council indicates its support for the Development Application

submitted by Greg Grinter to erect a detached dual occupancy at Lot 17 Section 18 DP28390 Lakeview Parade, Tweed Heads South and that the Director DevelopmentServices brings forward conditions appropriate in the event of Council resolving toapprove this application.

Voting For Voting Against

Cr BrinsmeadCr CarrollCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr BeckCr BoydCr JamesCr Luff

Page 13: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 13 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

3. Kings Beach Development - Stage 1 - Draft Linen Plan of Subdivision -Development Consent S96/135 Issued by the Land and EnvironmentCourt

GS4/96/135 Pt11This Item was dealt with at Minute No 1125.

4. Service Level Improvements - Development AssessmentGA4/4 Pt3 & Development Assessment Panel

Cr YoungbluttCr Marshall PROPOSED that Council:-

1. Invites the following nominees to participate in the Committee to develop aprotocol on development assessment and decision making:-

* Paul Bolster;* John Samuels;* Peter Sipple;* Geoff Davey;* Ian Pickles;* Mark Thomas;* Martin Findlater; and* Pat Twohill2. Notes that the Director of Development Services will place an advertisement in

the Tweed Link calling for expressions of interest in joining the Committee.3. Nominates Crs Beck, Davidson, Marshall and Polglase to the Committee.

AMENDMENT1131Cr LuffCr Carroll RESOLVED that Council:-

1. Invites the following nominees to participate in the Committee to develop aprotocol on development assessment and decision making:-

* Paul Bolster;* John Samuels;* Peter Sipple;* Geoff Davey;* Ian Pickles;* Mark Thomas;* Martin Findlater; and* Pat Twohill- with Tony Smith being invited as a contributing observer as productive subject to

their continuing availability and commitment.2. Notes that the Director of Development Services will write to the

President/Secretaries of local community organisations as nominated within the

Page 14: Ordinary Minutes 19/1/2000 - Tweed Shire · from our own preconceptions and vested self-interest. Protect us from being forced into compromise and making unwise decisions simply to

TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 14 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

report and also the Caldera Group to directly invite their participation and reportback to Council as necessary.

3. Nominates Crs Polglase, Davidson, Boyd and Luff to the Committee.

The Amendment was Carried

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr Luff

Cr BeckCr BrinsmeadCr MarshallCr PolglaseCr Youngblutt

The Amendment on becoming the Motion was Carried

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr LuffCr Polglase

Cr BeckCr BrinsmeadCr LawrieCr MarshallCr Youngblutt

5. Modification of Development Consent S93/76 - Lot 1 and 2 DP 828298Crescent Street, Cudgen - Cudgen Heights Estate Stage 3

GS4/93/76 Pt3

Cr PolglaseCr Luff PROPOSED that :-

A. Development Consent S93/76 be modified as follows:Condition 13(vi)(a)(viii) to read as follows:-Upgrading of Crescent Street from the proposed subdivision north to and including theintersection with Chinderah Road to an 11.0 metre asphaltic concrete seal on a 13.0metre formation. Construction of 11.0m asphalt seal on an 13.0 metre formation to thefull Crescent Street property frontage. Kerb and gutter on an approved alignment alongwith associated sub-surface drainage systems is to be constructed to the eastern side ofCrescent Street to the frontage of Lot 199 on DP 803329.The developer shall lodge a bond to the value of the estimated cost of the works prior tocommencement of construction of Stage 4.Council may call up the bond to cover the cost of constructing any section of CrescentStreet and if necessary the Crescent Street/Chinderah Road intersection.

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TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 15 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

The timing and nature of these works are to be determined by the Director ofEngineering Services following consultation with the Cudgen Progress Association andthe Traffic Committee, to ensure that effective and safe traffic movements are achieved.Condition 25 to read as follows:-A certificate of compliance (CC) under Part 3 Division 2 of the Water SupplyAuthorities Act 1987 is to be obtained to verify that the necessary requirements for thesupply of water and sewerage to the development have been made with the TweedCouncil before subdivision survey plans are released. Annexed hereto is an informationsheet indicating the procedure to follow to obtain a Certificate of Compliance.Contributions for each stage are as follows:-WaterStage 3A 20 lots @ $2,900.00 = $58,000.00Stage 3B 26 lots @ $2,900.00 = $75,000.00Stage 4 21 lots @ $2,900.00 = $60,900.00Stage 5 22 lots @ $2,900.00 = $63,800.00Total 89 $257,700.00SewerStage 3A 20 lots @ $2,380.00 = $47,600.00Stage 3B 26 lots @ $2,380.00 = $61,880.00Stage 4 21 lots @ $2,380.00 = $49,980.00Stage 5 22 lots @ $2,380.00 = $52,360.00Total 89 $211,820.00Condition 35 to read as follows:-Pursuant to Section 94 of the Act and the Section 94 contribution plan for WestKingscliff, the following contributions shall be paid prior to release of the linen plan foreach stage:i Structured Open Space

Stage 3A - 20 lots at $377.88 $7,557.60Stage 3B - 26 lots at $377.88 $9,824.88Stage 4 - 21 lots at $377.88 $7,935.48Stage 5 - 22 lots at $377.88 $8,313.36Total 89 $33,631.32

ii Community FacilitiesStage 3A - 20 lots at $211.08 $4,221.60Stage 3B - 26 lots at $211.08 $5,488.08Stage 4 - 21 lots at $211.08 $4,432.68Stage 5 - 22 lots at $211.08 $4,643.76Total 89 $18,786.12

iii CyclewayStage 3A - 20 lots at $205.86 $4,117.20Stage 3B - 26 lots at $205.86 $5,352.36Stage 4 - 21 lots at $205.86 $4,323.06Stage 5 - 22 lots at $206.86 $4,550.92

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TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

Minutes - Ordinary Meeting of Tweed Shire CouncilMinutes - Ordinary Meeting of Tweed Shire Council

THIS IS PAGE NO 16 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELDWEDNESDAY 19 JANUARY 2000

GENERAL MANAGER CHAIRMAN

Total 89 $18,343.54iv Drainage

Stage 3A - 1.96 ha at $9890.10 $19,384.60Stage 3B - 1.92 ha at $9890.10 $18,988.99Stage 4 - 2.03 ha at $9890.10 $20,076.90Stage 5 - 2.92 ha at $9890.10 $28,879.09Total $87,329.58

v. Street TreesStage 3A - 20 lots at $30.00 $600.00Stage 3B - 26 lots at $30.00 $780.00Stage 4 - 21 lots at $30.00 $630.00Stage 5 - 22 lots at $30.00 $660.00Total $2,670.00

Condition 40 to be amended to read as follows:-A pedestrian/cycleway crossing shall be constructed across Chinderah Road inaccordance with detailed engineering plans which are to be submitted and approved,including any necessary approvals from the Roads and Traffic Authority, prior to workcommencing. The pedestrian/cycleway crossing shall be a road underpass or otherfacility approved by Council.

AMENDMENT1132Cr BoydCr Beck RESOLVED that this Item be deferred to seek clarification of GST issues.

The Amendment was Carried

Voting - Unanimous

The Amendment on becoming the Motion was Carried

Voting - Unanimous

6. Draft Tweed Local Environmental Plan 1987 - Amendment No 105(Banora Point Deviation).

GT1/LEP/A105 Pt21133Cr JamesCr Luff RESOLVED that Council writes to the Roads and Traffic Authority asking it to confirm

that it agrees to the acquisition and embellishment of suitably located, useable andequivalent land adjacent to that lost for open space within 5 years at Wilson Park.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

7. Proposal to Increase the Output at the CSR Readymix Quarry at Lot 1DP 792256 Terranora Road, Terranora

PF5430/1443 Pt21134Cr LuffCr Polglase RESOLVED that this item be deferred to allow a report to be brought forward on

contributions received from CSR Quarry operations.

Voting For Voting Against

Cr BeckCr BoydCr BrinsmeadCr CarrollCr DavidsonCr LawrieCr LuffCr MarshallCr PolglaseCr Youngblutt

Cr James

8. Proposed Managers Residence and Pro Golf Shop at Lot 1 DP 874316Piggabeen Road, Cobaki

DA4300/673 Pt11135Cr LuffCr Carroll RESOLVED that Development application K99/236 for the erection of a managers

residence and pro golf shop at Lot 1 DP 874316 Piggabeen Road, Cobaki be refusedfor the following reasons:-1. The proposed managers residence would contravene the requirements of Tweed

Local Environmental Plan 1987 as the size, cost and character of the proposal isnot of the nature where it could be considered as being an ancillary use to thedriving range on the site.

2. The proposed structure would be classed as a dwelling according to the definitioncontained within Tweed Local Environmental Plan 1987 and this plan, and the titleof the property specify that a dwelling is not permitted on the subject land.

3. It would not be in the public interest to enable a structure of this size to be classedas a managers residence or to enable this nature of structure to be erected on a lotwhich does not have entitlement to a dwelling.

4. The driving range has not been established in accordance with the developmentconsent (93/405) and has not been operated as an entirely separate entity to theadjoining golf course.

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GENERAL MANAGER CHAIRMAN

5. The driving range, at present, would not require the construction of a manager’sresidence.

Voting For Voting Against

Cr BeckCr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr LuffCr Marshall

Cr BrinsmeadCr PolglaseCr Youngblutt

9. Bilambil Heights Release Area/Provision of Tweed Shire 2000 PlusStrategic Plan

GT1/ILAP/14 Pt31136Cr LuffCr James RESOLVED that the provisions of Policy 114 of the Tweed Shire 2000+ Strategic

Plan in respect of Bilambil heights be extended until 31 March, 2000 to enable Councilto make a fully informed decision in respect of the Distributor Road network in thenorthern sector of the Shire; has convened a Workshop to consider the positions of theLandowner Groups at Bilambil Heights and “Area E” Terranora; and has fullyconsidered the Strategic Planning and Tweed Development Program issues.

Voting - Unanimous

10. Proposed Two (2) Lot Subdivision at Lot 3 DP 828298 Chinderah Road,Cudgen

DA1460/1370 Pt11137Cr LuffCr Marshall RESOLVED that the application for a 2 lot subdivision at Lot 3 DP 828298 Chinderah

Road, Cudgen be refused for the following reasons:-1. The State Environmental Planning Policy No. 1 objection is not well founded.2. Approval of the application would be inconsistent with Tweed Local

Environmental Plan 1987 and draft Tweed Local Environmental Plan 1998 asproposed Lot 1 does not comply with the minimum area requirements containedin those plans.

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GENERAL MANAGER CHAIRMAN

Voting For Voting Against

Cr BeckCr DavidsonCr LawrieCr LuffCr MarshallCr PolglaseCr Youngblutt

Cr BoydCr BrinsmeadCr CarrollCr James

11. Proposed Model Aircraft Flying Club - Round Mountain Road, RoundMountain

DA4840/645 Pt11138Cr LuffCr Davidson RESOLVED that the development application lodged by Mr B Sawtell and Mr B

Gander for the use of Lot 1 DP 1001025 Round Mountain Road, Round Mountain forthe flying model aircraft be approved subject to the following conditions:-General1. The development shall be completed and operate generally in accordance with

submitted application and acoustical report by Craig Hill Acoustics dated August1998 and amended details dated 17 September 1998, except where varied bythese conditions.

2. This consent is limited to 5 years from the date of issue. A further developmentapplication will be required to be lodged and approved for continued operationsafter this period.

3. The flying of model aircraft is limited to the following hours of operation:-(i) Monday to Sunday - 9.00am to 5.00pm(ii) A maximum of 16 hours in any week measured from Monday to Sunday.

4. There shall be a maximum of three (3) planes flying at any one time with all planesflying in a right hand circuit in accordance with the site plan submitted with theAugust 1998 acoustic report.

5. The maximum noise level from the planes shall be 96dBA when recorded withmotors at full throttle at 3m measuring distance.

6. There shall be no increase in noise levels above background levels caused bymodel plane flying activities when measured from any receiving residentialpremises.

7. Solid waste disposal receptacles and on site sewerage management facilities shallbe provided to the satisfaction of the Director Environment and CommunityServices at all times that model aircraft are operated on the site.

8. All planes shall remain within the flight area identified in the acoustic report siteplan.

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GENERAL MANAGER CHAIRMAN

9. The use to be conducted so as not to, in the opinion of Council, cause disruptionto the amenity of the locality, particularly by way of the emission of noise, dust,fumes or the like.

10. Payment of the following contributions pursuant to Section 94 of the Act and therelevant Section 94 Plan within 2 months of the date of this consent. Thesecharges will remain fixed for a period of 12 months from the date of this consentand thereafter in accordance with the rates applicable in the currentversion/edition of the relevant Section 94 Plan current at the time of the payment.A copy of the Section 94 contribution plans may be inspected at the Civic andCultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, TweedHeadsa. Tweed Road Contribution Plan: $848.00

Section 94 Plan No 4 (Version 4.0) Commercial (Sector 8)

Voting - Unanimous

12. Proposed Erection of a Detached Dual Occupancy at Lot 319 DP 853944Federation Drive, Terranora

DA2035/335 Pt11139Cr MarshallCr Lawrie RESOLVED that:-

1. This item be deferred to allow the Director Development Services to bringforward reasons for refusal.

2. The Director Development Services investigates a Policy on dual occupancy inTerranora.

Voting For Voting Against

Cr BeckCr BoydCr BrinsmeadCr CarrollCr DavidsonCr JamesCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr Luff

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TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

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GENERAL MANAGER CHAIRMAN

12a. Kings Beach Development: Stage 1 - Draft Dune Management Plan andLot 500 Management Plan

GS4/96/135 Pt11This item was dealt with at Minute Nos 1116 and 1127.

REPORTS FROM DIRECTOR CORPORATE SERVICES

13. National Rural Roads Congress - 6 to 8 March 2000Councillors - Conference

1140Cr LuffCr Polglase RESOLVED that Cr Davidson be authorised to attend the National Rural Road

Congress at Moree from 6 to 8 March 2000.

Voting - Unanimous

14. Daylight SavingDaylight Saving

1141Cr LuffCr James RESOLVED that Council takes no action.

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr LuffCr Polglase

Cr BeckCr BrinsmeadCr MarshallCr Youngblutt

15. NSW Local Government Workshop SeriesCouncillors - Conference

1142Cr BoydCr James RESOLVED that Councillors interested in attending one of the six Workshop Series

'Councils’ Leading the Way' to advise Mr Brian Donaghy, Manager AdministrationServices.

Voting - Unanimous

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TWEED SHIRE COUNCIL M EETING HELD WEDNESDAY 19 JANUARY 2000 COMMENCING AT 4.00PM

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GENERAL MANAGER CHAIRMAN

16. Local Government Remuneration Tribunal - SubmissionCouncillors - Fees & Voluntary Structural Reform

1143Cr BoydCr Carroll RESOLVED that :-

1. The General Manager prepares and lodges a submission based upon theinformation as set out in the report.

2. The Tribunal be invited to visit the Tweed to view the unique circumstances of theTweed district and to clarify matters with Council.

Voting - Unanimous

17. Shires Association of NSW "A" Division ConferenceShires Assn of NSW Conference

1144Cr BoydCr Marshall RESOLVED that Council determines any issues that need to be addressed at this

meeting.

Voting - Unanimous

TEMPORARY ABSENCE FROM MEETING GC6/1/2 Pt1

Cr Youngblutt left the meeting.

18. Coolangatta Airport - Common User Terminal DevelopmentGA8/2 Pt 5

1145Cr CarrollCr Marshall RESOLVED that Council endorses the forwarding of the draft letter contained in this

report.

Voting - Unanimous

19. Council Elections - 11 September 1999GE1/1/99 Pt 2

1146Cr JamesCr Davidson RESOLVED that this report be received and noted.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

20. Monthly Investment Report for Period Ending 31 December 1999GA2/1/1 Pt2

1147Cr JamesCr Davidson RESOLVED that this report be received and noted.

Voting - Unanimous

LATE ITEM GC6/41148Cr LuffCr Marshall RESOLVED that Item 20a being an Addendum item be dealt with and it be ruled by

the Chairman to be of great urgency.

Voting - Unanimous

RETURN TO MEETING GC6/1/2 Pt1

Cr Youngblutt returned to the meeting.

20a. Kennedy Drive Traffic Capacity - Piggabeen Sports Complex SubdivisionDA4300/820 Pt1 (TSCRep9901.doc)

1149Cr JamesCr Luff RESOLVED that Council approves the allocation of sufficient vehicle trips per day out

of the spare capacity on Kennedy Drive to allow the erection of eight (8) dualoccupancy buildings within the Piggabeen Sports Complex subdivision K98/267.

Voting - Unanimous

REPORTS FROM DIRECTOR ENGINEERING SERVICES

21. Tyalgum Water SupplyGW3/5/3

1150Cr MarshallCr Davidson RESOLVED that the reticulated water supply test results for Tyalgum Village be

reported to Council in May 2000, prior to a decision being taken on the request fromresidents for a new treatment plant.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

22. 9th Annual NSW Coastal ConferenceNSW Coastal Conference

1151Cr CarrollCr Luff RESOLVED that :-

1. This report be received and noted.2. The 10th Annual NSW Coastal Conference be attended by the Chairman of the

Coastal Management and Estuary Management Committees and appropriatestaff.

Voting - Unanimous

23. Tweed Coast Estuaries Management Plan - Financial Assistance -Estuary Management, Cudgen Creek, Cudgera Creek & Mooball Creek

1152Cr CarrollCr Luff RESOLVED that Council accepts the financial assistance from the Department of Land

and Water Conservation’s Estuary Management Program on a 1 to 1 basis and vote theexpenditure of $40 000 from the Tweed Coast Estuaries Management Program ofCouncil to match the offer.

Voting - Unanimous

24. Naming of Bridge - Doon Doon RoadR1640 Pt2 & Bridges - General

1153Cr BoydCr Carroll RESOLVED that Council formally names the bridge at the southern end of the Fogarty

property (Lot 58 DP 755743) the "John Fogarty Bridge" and that at the northern endthe "Deards Bridge".

Voting - Unanimous

25. Chinderah Foreshore ErosionWaterways - Riverbank Erosion

1154Cr LuffCr Carroll RESOLVED that the offer from the Minister for Roads, the Hon. Carl Scully, MP of

$400,000 towards the riverbank stabilisation be accepted.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

TEMPORARY ABSENCE FROM MEETING GC6/1/2 Pt1

Cr Brinsmead left the meeting.

26. Murwillumbah Main Streets Program Progress ReportStreet Scaping - Murwillumbah

1155Cr LuffCr Marshall RESOLVED that this item be deferred to allow a presentation by Council officers and

Mr Martin Butterworth to be held on 25 January 2000.

Voting For Voting Against

Cr BeckCr DavidsonCr JamesCr LuffCr MarshallCr Polglase

Cr BoydCr CarrollCr LawrieCr Youngblutt

RETURN TO MEETING GC6/1/2 Pt1

Cr Brinsmead returned to the meeting.

27. Northern Rivers Catchment ManagementTotal Catchment Management

1156Cr MarshallCr Lawrie RESOLVED that :-

1. Council convenes a workshop on the proposal that Council pursues the formationof a Tweed Water Management Board to deal with all catchment and watermanagement related issues in the Tweed River Valley and seeks to have thisBoard ratified by the relevant Ministers.

2. Nominations be invited from interested Councillors for the Northern RiversCatchment Management Board.

3. The nomination of the Manager Environment Health & Health Services beendorsed.

Crs Boyd and Marshall accepted nomination for the Northern Rivers CatchmentManagement Board.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

28. Supply & Delivery of Road Sweeper - EC99113 - Precis of ConfidentialItem

GP2/2 Pt101157Cr PolglaseCr Luff RESOLVED that this report be dealt with under the Confidential Agenda.

Voting - Unanimous

29. Floodplain Management Program - Voluntary Purchase 1999/2000 -Precis of Confidential Item

PF4720/450 & Floodplain Management Plan - East Murwillumbah/Dorothy St1158Cr PolglaseCr Luff RESOLVED that this report be dealt with under the Confidential Agenda.

Voting - Unanimous

30. Tender EC99120 Supply & Delivery of One Grader with Trade-in ofKomatsu GD 525 Grader - Precis of Confidential Item

Plant/Equipment1159Cr PolglaseCr Luff RESOLVED that this report be dealt with under the Confidential Agenda

Voting - Unanimous

31. Lot 2 DP 877100 Lone Pine Road, Doon Doon -- Electricity Supply -Precis of Confidential Item

PF1260/4811160Cr PolglaseCr Luff RESOLVED that this report be dealt with under the Confidential Agenda

Voting - Unanimous

32. Trade Waste Effluent - Hastings Point Sewage Treatment Plant - Precis ofConfidential Item

GS6/8/4 Pt21161Cr PolglaseCr Luff RESOLVED that this matter be considered in the Confidential Agenda.

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GENERAL MANAGER CHAIRMAN

Voting - Unanimous

33. 1999/2000 Street Lighting ProgramGS1/2 Pt1 & Streetlighting - Annual Program

1162Cr BoydCr Carroll RESOLVED that:-

1. This report be received and noted.2. Council officers investigate the adequacy of lighting options in the front of

Murwillumbah Civic Centre.

Voting - Unanimous

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITYSERVICES

34. Tweed Heads CemeteryCemeteries Tweed Heads

1163Cr BoydCr Lawrie RESOLVED that no further sale of burial sites at the Tweed Heads Cemetery takes

place after 1 February 2000.

Voting - Unanimous

35. Australian Sports Medal - Sport and Recreation General & SportsAdvisory Committee

1164Cr BoydCr Carroll RESOLVED that :-

1. Council confirms its involvement in the Australian Sports Medal awards andnotifies the Department of Sport and Recreation of such.

2. The Manager Recreation Services be nominated as the contact person.3. Council advertises for nominations in the Tweed Link.4. The 14 Nominees to be selected by a selection panel comprising:

1. The Chairman and Councillors on the Sports Advisory Committee being CrPolglase, Cr Boyd, Cr Lawrie and Cr Youngblutt.

2. Two other persons from the Sports Advisory Committee as nominated by thecommittee.

3. Manager Recreation Services5. Council to be sent the medals and a presentation ceremony organised.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

36. Proposed Community Health Centre - KingscliffDA1460/565 Pt2 Library Services Kingscliff

1165Cr BoydCr Marshall RESOLVED that the Northern Rivers Health Service be advised that Council is not

prepared to add a 40 year option to its offer to lease an area adjacent to the KingscliffLibrary currently being constructed and the offer remains as was resolved by Council on4 August 1999.

Voting - Unanimous

37. Proposed New Art Gallery SitePF4040/5165 Pt1 Art Gallery

1166Cr BoydCr Luff RESOLVED that Council negotiates with State Rail for the purchase of Lot 124

DP915277 Pacific Highway Stokers Siding for inclusion in the proposed Art GallerySite.

Voting For Voting Against

Cr BoydCr BrinsmeadCr CarrollCr DavidsonCr JamesCr LuffCr PolglaseCr Youngblutt

Cr BeckCr LawrieCr Marshall

38. Tweed Heads Pool ComplexPool - T H Indoor & Govt Grant - Sport & Recreation

1167Cr PolglaseCr Marshall RESOLVED that Council accepts the $3,000.00 grant from the Department of Sport

& Recreation and votes the expenditure of the funds for the purpose of the constructionof change room and toilet facility at the Tweed Heads Complex.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

39. Membership of Australian Mayoral Aviation CouncilMayoral Aviation Council

Cr BoydCr Carroll PROPOSED that Council continues its membership of the Australian Mayoral Aviation

Council (AMAC).

PROCEDURAL MOTION GC6/41168Cr PolglaseCr Brinsmead RESOLVED that the Motion be put

Voting - Unanimous

The Motion was Lost

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr Luff

Cr BeckCr BrinsmeadCr LawrieCr MarshallCr PolglaseCr Youngblutt

40. Amendments to Contribution Plan No 1 Structural Open SpaceGT1/DCP/3 Pt8 & GT1/S94/1

1169Cr BoydCr Luff RESOLVED that Council:-

1. Notes the amendments to the Contribution Plan No. 1 Active Open Spaceworks program as set out below.Amended works program Area 1:Seal carpark $80,000Irrigation $40,000Access $132,000Total $252,000Amended works program Area 2:Topsoil & SeedingIrrigationAmenities 1 x $76,800 $76,800Lighting $40,000Total $116,800

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GENERAL MANAGER CHAIRMAN

Amended works program Area 6:Plan Design $10,000Landscaping $81,000Skateboard/basketball facility $85,000Seating and shade $33,000Total $209,000

2. Exhibits the draft amendments to Contribution Plan No. 1 Active Open Spaceshowing the proposed change of use for Area 6

3. Votes the expenditure of $40,000 from Contribution Plan No. 1 Active OpenSpace for lighting at area 2 (Ron Wilkinson Fields).

4. Votes the expenditure of $40,000 from Contribution Plan No. 1 Active OpenSpace for irrigation at area 1 (Dave Burns Fields).

5. Votes the expenditure of $10,000 from Contribution Plan No. 1 Active OpenSpace for the design phase of a skatepark/basketball open green area andassociated landscaping and facilities at area 6.

Voting - Unanimous

41. Single Coastal ReserveGP1/16 Pt2

1170Cr LuffCr Davidson RESOLVED that Council advises the Department of Land and Water Conservation

that it is prepared to continue to act as Corporate Manager of the reserve subject to thefollowing conditions;1. This acceptance be for a period of two (2) years.2. No additional infrastructure and/or funds are required to be applied to the SCR

within this period.3. Within this period, and as soon as practicable, Council and Department of Land

and Water Conservation staff review the draft Plan of Management to identifycommercial development opportunities.

4. Council and Department of Land and Water Conservation undertake thecommission of a coastal processes report for the whole Single Coast Reserve as amatter of urgency, with funding being provided on a dollar for dollar basis.

5. Council and Department of Land and Water Conservation meet to consider themerit and resource requirements of initiating action to clarify/determine NationalNative Title and State Aboriginal Land Claim implications over the Single CoastReserve..

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Voting For Voting Against

Cr BeckCr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr LuffCr MarshallCr PolglaseCr Youngblutt

Cr Brinsmead

42. Air Navigation (Coolangatta Airport Curfew) Regulation 1999Airport Coolangatta/Tweed Noise Issues

1171Cr BoydCr Luff RESOLVED that this report be received and noted.

Voting - Unanimous

REPORTS FROM SUB-COMMITTEES

1. Minutes of the Aboriginal Advisory Committee Meeting held 25 October1999

File No: GA10/5 3

6. Local Government Aboriginal Network Conference, Sydney October 1999GA10/5

1172Cr BoydCr Carroll RESOLVED that Council seeks from the Minister for Local Government and Regional

Development, the Honourable Harry Woods, an explanation as to why the LocalGovernment Aboriginal Network was closed.

Voting - Unanimous

1173Cr BoydCr Carroll RESOLVED that the balance of the Minutes of the Aboriginal Advisory Committee

Meeting be adopted.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

2. Minutes of the Local Traffic Committee Meeting held 16 December 1999GT2/1 Pt3 451

3. Ewing Street, MurwillumbahR1970

1174Cr BoydCr James RESOLVED that:-

1. Two quarter hour time limited car spaces be provided immediately adjacent to theshop in Ewing Street.

2. The signs should be limited to 8:30am to 5:00pm daily.3. The offer to pay for the cost of the signs by the owner of the shop be accepted.

Voting - Unanimous

4. Short Street, Banora PointR5038

1175Cr BoydCr James RESOLVED that a “No Right Turn” from Short Street to the Pacific Highway be

implemented.

Voting - Unanimous

5. Bawden Street and Fawcett Street, TumbulgumR0460 & R2030

1176Cr BoydCr James RESOLVED that “Give Way” signs be installed on Bawden Street at Fawcett Street.

Voting - Unanimous

8. Amber Road, Tweed Heads SouthR120

1177Cr BoydCr James RESOLVED that the chicane on the one way section of the northbound section of

Amber Road be removed.

Voting - Unanimous

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GENERAL MANAGER CHAIRMAN

10. Burringbar Public School, Main Street, BurringbarPF0780/380 & R0780

1178Cr BoydCr James RESOLVED that:-

1 A disabled parking space be installed adjacent to the bus zone at BurringbarPublic School.

2. All other required infrastructure should be supplied by the Burringbar PublicSchool.

Voting - Unanimous

1179Cr BoydCr James RESOLVED that the balance of the Minutes of the Local Traffic Committee Meeting

be adopted.

Voting - Unanimous

3. Minutes of the Communications Committee Meeting held 16 December1999

File No: Communications Committee

1. Community RepresentativesCommunications Committee

1180Cr BoydCr Carroll RESOLVED that the Community representatives, Ms Jude Robb and Mr Ray Carlile

be appointed to the Communications Committee.

Voting - Unanimous

2. Community AccessCommunications Committee

1181Cr BoydCr Carroll RESOLVED that the revised procedures for Community Access be adopted by

Council at the meeting of 19 January 2000.

Voting - Unanimous

1182Cr Boyd

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Cr Carroll RESOLVED that the balance of the Minutes of the Communications CommitteeMeeting be adopted.

Voting - Unanimous

OUTSTANDING INSPECTIONS GC6/13 Pt4Nil

ORDERS OF THE DAY

1. Notice of Motion - Cr MarshallCouncillor Blazers and Name Badges

UniformsCr Marshall withdrew this Notice of Motion.

2. Notice of Motion - Cr MarshallMulticap Facility - Murwillumbah

DA2970/460 Pt1 Disabled1183Cr MarshallCr Youngblutt RESOLVED that a report be brought forward regarding the status of the Multicap

respite facility project in Murwillumbah to include amongst other things:• Local fundraising activities and results to date• Details of funds raised and funds available for the project• How local fundraising activities integrate with local organisations fundraising• Project definition• Planned construction program• Strategy for staffing the respite centre and administration of the centre• Long term financial strategy for the operation of the respite centre.

Voting For Voting Against

Cr BeckCr BoydCr BrinsmeadCr CarrollCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr JamesCr Luff

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GENERAL MANAGER CHAIRMAN

ITEMS MOVED FROM THE CONFIDENTIAL AGENDA

1. Unauthorised Filling at Lot 1 DP 779976 Gray Street, Tweed HeadsDA2300/150 Pt1

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privilegedfrom production in legal proceedings on the ground of legal professionalprivilege

This item was dealt with at Confidential Item 3 - Minute No 1184.

3. Unauthorised Filling at Lot 1 DP 779976 Gray Street, Tweed HeadsPF2300/150

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privilegedfrom production in legal proceedings on the ground of legal professionalprivilege

1184Cr JamesCr Luff RESOLVED that Council directs the owner of Lot 1 DP 779976 Gray Street, Tweed

Heads - being Ace Homes Pty Ltd - to remove all the recently dumped fill material fromthe site and be disposed of at an approved site. Following which the site is to berehabilitated to the satisfaction of the Director of Development Services. This work is tobe completed within 60 days of the date of notice. Failure to comply will result inCouncil initiating legal proceedings.

Voting - Unanimous

4. CSR Quarry - TerranoraPF5430/1443 Pt2

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privilegedfrom production in legal proceedings on the ground of legal professionalprivilege

1185Cr PolglaseCr Boyd RESOLVED that this item be deferred.

AMENDMENT

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Cr JamesCr Luff PROPOSED that Council investigates prosecution under Section 124 of the

Environmental Planning and Assessment Act.

The Amendment was Lost

Voting For Voting Against

Cr BoydCr CarrollCr JamesCr LawrieCr Luff

Cr BeckCr BrinsmeadCr DavidsonCr MarshallCr PolglaseCr Youngblutt

The Motion was Carried

Voting For Voting Against

Cr BeckCr BoydCr BrinsmeadCr CarrollCr DavidsonCr LawrieCr MarshallCr PolglaseCr Youngblutt

Cr JamesCr Luff

DECLARATION OF INTERESTCr Davidson Declared an interest in Item 15 (moved from Confidential Agenda), retired to the Public

Gallery and took no part in the discussion or voting.

Cr Davidson’s interest is that Cr Davidson holds a liquor licence for a Club within thearea.

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITYSERVICES IN COMMITTEE

15. Proposed Use of Council Building for Permanent Function Licence -Cabarita Beach Surf Life Saving Club

PF4100/30 Liquor LicenceConfidential Nature of This Item: The Local Government Act 1993 Clause10A(2)

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(c) information that would, if disclosed, confer a commercial advantage on aperson with whom the council is conducting (or proposes to conduct) business.

1186Cr PolglaseCr Marshall RESOLVED that this item be deferred as there is no legal lease/agreement in place

between Council as owner and the surf club as tenant, Council advises that it objects tothe proposed licence and requests deferral of the application until such alease/agreement is in place.

Voting - Unanimous

QUESTION TIME

Mayoral AssistantEmployment

Cr Luff Enquired whether the General Manager can clarify whether the job description for theposition known as Mayoral Secretary included providing assistance to Councillors aswell as the Mayor.

The General Manager responded that the position is available to provide secretarialassistance to all Councillors.

COMMITTEE OF THE WHOLE GC6/16 Pt21187Cr MarshallCr 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 hadexcluded the press and public from the whole of the Committee Meeting because, in theopinion of the Committee, publicity of the proceedings of the Committee would beprejudicial to the public interest, by reason of the confidential nature of the business tobe transacted, and made the following recommendations to Council:-

ITEMS DEFERRED IN COMMITTEE

1. Unauthorised Filling at Lot 1 DP 779976 Gray Street, Tweed HeadsDA2300/150 Pt1

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged

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GENERAL MANAGER CHAIRMAN

from production in legal proceedings on the ground of legal professionalprivilege

This item was dealt with at Item 3 of the Confidential Agenda which was dealt with atMinute No 1125 of the Ordinary Meeting.

2. Unauthorised Use of Land as a Depot at Lot 4 DP 260418 Urliup Road,Bilambil

DA5720/1000 Pt1Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(a) personnel matters concerning particular individuals

This item was dealt with at Item 2 of the Confidential Agenda - Minute No C111.

REPORTS THROUGH GENERAL MANAGER IN COMMITTEE

REPORTS FROM DIRECTOR DEVELOPMENT SERVICES INCOMMITTEE

1. Payment of Rural Road Development Contribution - Woodhelvin Pty LtdPF1090/60

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privilegedfrom production in legal proceedings on the ground of legal professionalprivilege

C110That:-1. Council advises Woodhelvin Pty Ltd that it is prepared to accept final payment of

the outstanding contribution by no later than 31 December, 2000.2. No action be taken in respect to enforcement of the Deed of Agreement until 31

December, 2000.

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GENERAL MANAGER CHAIRMAN

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr LuffCr MarshallCr PolglaseCr Youngblutt

Cr BeckCr Brinsmead

2. Unauthorised Use of Land as a Depot at Lot 4 DP 260418 Urliup Road,Bilambil

PF5720/1000 Pt1Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privilegedfrom production in legal proceedings on the ground of legal professionalprivilege

C111That Council writes a letter to Mr Ruddy to explain what his future actions should bewith relation to his shed and operations.

Voting - Unanimous

3. Unauthorised Filling at Lot 1 DP 779976 Gray Street, Tweed HeadsPF2300/150

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privilegedfrom production in legal proceedings on the ground of legal professionalprivilege

This item was dealt with at Minute No 1184 of the Ordinary Meeting.

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4. CSR Quarry - TerranoraPF5430/1443 Pt2

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(g) advice concerning litigation, or advice that would otherwise be privilegedfrom production in legal proceedings on the ground of legal professionalprivilege

This item was dealt with at Minute No 1185 of the Ordinary Meeting.

REPORTS FROM DIRECTOR CORPORATE SERVICES IN COMMITTEE

5. Payment of Council Rates and Water Accounts at Australia Post Office -“Postbillpay”

Postage Matters & Rates PaymentsConfidential Nature of This Item: The Local Government Act 1993 Clause10A(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

C112That Council considers as part of its 2000/2001 Budget deliberations, a proposal thatAustralia Post becomes an agent for the collection of Council rate and water accountpayments.

TEMPORARY ABSENCE FROM MEETING GC6/1/2 Pt1

Cr Polglase left the meeting.

Voting - Unanimous

6. Proposed Lease of Murwillumbah Saleyards to Private OperatorsSaleyards - Murwillumbah, Leases - Council Property & (SaleRep9901.doc)

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(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

C113That Council:-

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1. Enters into a lease for portions 162 and 164 DP755724 and otherwise known asMurwillumbah Saleyards with Sanrioz Pty Ltd trading as Town and Country Ruralon the terms and conditions expressed in the lease agreement described asHalliday & Stainlay FEM:RH:PTSC_2.DOC.

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

Voting - Unanimous

RETURN TO MEETING GC6/1/2 Pt1

Cr Polglase returned to the meeting.

7. Council Newspaper - Tweed LinkTweed Link

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(c) information that would, if disclosed, confer a commercial advantage on aperson with whom the council is conducting (or proposes to conduct) business.

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(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

C114That Council endorses the continuation of the Tweed Link in its current form as anindependent newspaper produced by Council’s journalist with the supervision andsupport of Council’s Civic Liaison Officer and with continuing emphasis on increasing itscost effectiveness without diminishing quality by:• regularly reviewing and identifying ways of reducing production, and distribution

costs• attracting promotions internally resulting in increased advertising income• attracting promotions externally with acceptable public, community and non-profit

bodies resulting in increased advertising income (examples of external public non-profit bodies include organisation and government departments where there is nodistribution of profits back to individual shareholders but where the profits arereinvested in the objectives of the organisation for community benefit).

• developing marketing and promotional consultancy services to other sections withinCouncil and externally withpublic and non-profit bodies resulting in increasedincome..

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Voting For Voting Against

Cr BeckCr BoydCr CarrollCr DavidsonCr JamesCr Luff

Cr BrinsmeadCr LawrieCr MarshallCr Youngblutt

8. Overdue Rates - Pamela Beecheno (Love) - Assessment No 1.9330/5PF4030/1455

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(b) the personal hardship of any resident or ratepayer

C115That Council lists the property for sale of land for overdue rates in accordance with theprovisions of the Local Government Act.

Voting - Unanimous

TEMPORARY ABSENCE FROM MEETING GC6/1/2 Pt1

Cr Polglase left the meeting.

9. Notice of Motion - Cr CarrollEmployment - Job Creation & Notice of Motion

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(a) personnel matters concerning particular individuals

C116That this report be received and noted and that the modified report prepared by DrGriffin be released to the public.

Voting - Unanimous

REPORTS FROM DIRECTOR ENGINEERING SERVICES INCOMMITTEE

10. Supply and Delivery of Road Sweeper - EC99113GP2/2 Pt10

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(d) commercial information of a confidential nature that would, if disclosed:

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(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

C118That Council accepts the tender from MacDonald Johnston for the supply and deliveryof one (1) only MacDonald Johnston at a changeover price of $215,995.00 and theoptional extra of Rear-View Monitor and Camera System, $2,190.00, Traffic DirectionIndicator Arrows on the rear of the body $1,200.00 and the Rotatilt remote ChannelBrush Head $2,330.00 for a total change over price of $221,715.00.

Voting - Unanimous

11. Floodplain Management Program - Voluntary Purchase 1999/2000PF4720/450

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(c) information that would, if disclosed, confer a commercial advantage on aperson with whom the council is conducting (or proposes to conduct) business.

C119That :-1. The property of 89 River Street, South Murwillumbah comprising Lot 10 Section

14 in DP 2974 be purchased from Mr R J Grant for $85,000 and all necessarydocumentation be completed under Common Seal of Council.

2. Following settlement, the improvements be offered for demolition and or removal.

Voting - Unanimous

12. Tender EC99120 Supply & Delivery of One Grader with Trade-in ofKomatsu GD 525 Grader

Plant/EquipmentConfidential Nature of This Item: The Local Government Act 1993 Clause10A(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

C120That Council accepts:-a) The offer from Gough & Gilmour for the purchase of one CAT 120H Grader at a

price of $219,631 less $6,000 for no-trade of the Komatsu Grader and paymenton delivery.

b) The offer from Rees Edwards Autobarn for the sale of the Komatsu GD 525Grader at a price of $38,200.

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Voting - Unanimous

TEMPORARY ABSENCE FROM MEETING GC6/1/2 Pt1

Cr Brinsmead left the meeting.

13. Lot 2 DP 877100 Lone Pine Road Doon Doon - Electricity SupplyPF1260/481

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(a) personnel matters concerning particular individuals

C121That:-1. Approval be granted to the easement for electricity supply across Lot 1 DP

716151 with Duckworths to pay the cost of their creation and registrations.2. Approval be granted for the location of a pump and supply line on Council

property for a domestic water supply. Any easement to be at Duckworth’s cost.3. The claim for Council to pay the cost of the electricity extension be refused.

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr LuffCr MarshallCr Youngblutt

Cr Beck

14. Trade Waste Effluent - Hastings Point Sewage Treatment PlantGS6/8/4 Pt2

Confidential Nature of This Item: The Local Government Act 1993 Clause10A(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

C122That up to 20,000 litres per week of externally sourced trade waste effluent beaccepted from Solo Resource Recovery Plant at Hastings Point conditional upon:1) The continued satisfactory performance of the Solo Pre-treatment Plant.

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2) Continual monitoring and reporting to Council of the sources and mass / volumeof externally sourced wastes.

3) Regular testing of the waste for metals etc. prior to discharge, to safeguardCouncil’s plant.

4) Payment of equivalent Section 64 charges and annual rates.

Voting For Voting Against

Cr BoydCr CarrollCr DavidsonCr JamesCr LawrieCr LuffCr MarshallCr Youngblutt

Cr Beck

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITYSERVICES IN COMMITTEE

15. Proposed Use of Council Building for Permanent Function Licence -Cabarita Beach Surf Life Saving Club

PF4100/30 Liquor LicenceConfidential Nature of This Item: The Local Government Act 1993 Clause10A(2)(c) information that would, if disclosed, confer a commercial advantage on aperson with whom the council is conducting (or proposes to conduct) business.

This item was dealt with at Minute No 1186 of the Ordinary Meeting.

RETURN TO MEETING GC6/1/2 Pt1

Crs Polglase and Brinsmead returned to the meeting.

1188Cr LuffCr Polglase RESOLVED that the report and recommendations of the Confidential Committee of

the Whole be adopted.

Voting - Unanimous

There being no further business the Meeting terminated at 1.00am.

ÎÓ

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GENERAL MANAGER CHAIRMAN

Minutes of Meeting Confirmed by Council

at Meeting held

—————————————

Chairman