Minute Manager 2 .au



Operations Committee Agenda [pic]

Tweed Shire Council

11 August 2005

Dear Minute Book

NOTICE IS GIVEN that a Meeting of the Operations Committee will be held at the Council Chamber, Murwillumbah Civic and Cultural Centre on Wednesday 17 August 2005, commencing at 3.00pm/4.00pm.

Submitted,

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Dr J Griffin

General Manager

AGENDA

1. Confirmation of the Minutes of the Operations Committee Meeting held xxx

2. Apologies

3. Disclosure of Interest

4. Items to be Moved from Ordinary to Confidential - Confidential to Ordinary

5. Access - Operations Matters

6. Reports through the General Manager

a. Reports from Director Planning & Development

b. Reports from Director Governance & Corporate Services

c. Reports from Director Engineering & Operations

d. Reports from Director Environment & Community Services

7. Confidential Matters - (exclude Press and Public)

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ITEMS FOR CONSIDERATION OF THE COMMITTEE:

|ITEM |PRECIS | |PAGE |

|CONFIRMATION OF MINUTES | |5 |

|Minutes of the of the Operations Committee Meeting held on 3 August 2005 | |5 |

|REPORTS THROUGH THE GENERAL MANAGER | |7 |

|REPORTS FROM DIRECTOR GOVERNANCE & CORPORATE SERVICES | |7 |

|1 |[GC] Tweed River Agricultural Society Ltd | |7 |

|2 |[GC] Proposed Federal Industrial Relations Changes; Rights at Work Charter | |11 |

|3 |[GC] First Round applications for Financial Assistance 2005/2006 - Donations Policy | |15 |

|4 |[GC] First Round applications for Financial Assistance 2005/2006 - Festivals Policy | |21 |

|5 |[GC] Monthly Investment Report for Period Ending 31 July 2005 | |25 |

|6 |[GC] Far North Coast Weeds - 2005/2008 Management Plan | |31 |

|REPORTS FROM DIRECTOR ENGINEERING & OPERATIONS | |33 |

|7 |[EO] Road Re-Naming - Chinderah Bay Drive, Chinderah | |33 |

|8 |[EO] Park Naming - Seabreeze Estate | |39 |

|9 |[EO] Land Acquisition for Road Purposes - Leisure Drive, Banora Point | |41 |

|10 |[EO] Country Towns Water Supply and Sewerage Program Funding Restoration | |47 |

|11 |[EO] Landscape Management Plan - McIlrath Park, Murwillumbah | |51 |

|REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITY SERVICES | |53 |

|12 |[EC] Request for "In Kind" Support/Waive Fee | |53 |

|13 |[EC] Rainwater Tank Policy | |55 |

|14 |[EC] Northern Rivers Catchment Management Authority: Coastal Floodplain and Acid Sulfate Soil | |57 |

| |Management Project (Part A - Tweed Floodplain) | | |

|15 |[EC] Friends of the Pound: Application for Exemption Under Clause 17 of the Companion Animals | |59 |

| |Regulation 1999 | | |

|16 |[EC] Cities for Climate Protection Milestone 5 and Cities for Climate Protection Plus | |63 |

|17 |[EC] Annual Agreement for Surf Life Saving Patrols | |67 |

|REPORTS FROM SUB-COMMITTEES/WORKING GROUPS | |71 |

|[SUB-AAC] Minutes of the Aboriginal Advisory Committee Meeting held Friday 1 July 2005 | |71 |

CONFIRMATION OF MINUTES

Minutes of the of the Operations Committee Meeting held on 3 August 2005

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Minutes of the Meeting of the Operations Committee held on 3 August 2005 (DW 1243864).

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REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM DIRECTOR GOVERNANCE & CORPORATE SERVICES

1 [GC] Tweed River Agricultural Society Ltd

ORIGIN:

Financial Services

SUMMARY OF REPORT:

The Tweed River Agricultural Society Ltd has requested Council to sponsor a "free gate" at the Murwillumbah Show, over several years, in exchange for the waiving of outstanding debts due to Council.

RECOMMENDATION:

That:

1. Council sponsors the "free gate" at the Murwillumbah Show at $6,800 per annum for five years, commencing 2005.

2. The amount to be written off annually against the outstanding Debtor account and charged to donations.

3. $6,800 be added to the donations expenditure in the September 2005 Quarterly Budget Review and subsequent annual budgets.

REPORT:

The Tweed River Agricultural Society Ltd has requested Council to sponsor a "free gate" at the Murwillumbah Show, over several years, in exchange for the waiving of outstanding debts due to Council.

Background:

• In 1999 Murwillumbah Showground Trust asked for assistance from the Tweed River Agricultural Society to build a Museum, Function and Members building at the Murwillumbah Showground.

• The Trust received a $75,000 grant from the Federal Government for construction.

• Tweed River Agricultural Society Ltd takes responsibility for the project.

• The Trust obtained a $5,000 grant and a $20,000 loan from the Lands Department.

• Work proceeds and meets unforseen problems adding an additional $30,000 to the project costs.

• In 2000 Council agrees to offer a $20,000 grant and a $40,000 grant repayable at $6,000 per annum (first payment made November 2001).

• Society advised there would be no building certification until disabled lift installed.

• To assist in fund raising efforts Council defers subsequent payments until 2004.

• Lift installed.

• Note: Most of the construction work was done with voluntary work from Board members and members of the community.

In 2002 the Society approached potential sponsors to endeavour to provide a "free gate" at the Murwillumbah Show (Council considered the matter but did not provide support).

A single benefactor donated $25,000 per annum in both 2002, 2003 and $30,000 in 2004, however this donation has now been reduced to $5,000 per annum. Other sponsors have joined in a consortium for a promised 2005 "free gate" of $17,500.

"Our request to you is could Council see its way clear to be part of the free gate by considering the payments due from the Society as payment to the free gate of $6,000 over 5 years or $5,000 over 6 years."

The above request is $4,000 below the outstanding amount of $34,000.

It is recommended that Council sponsor the "free gate" at the Murwillumbah Show at $6,800 per annum for five years with the amount to be written off annually against donations.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

No provision has been made for the sponsorship in the 2005/2006 Budget. An adjustment will need to be made in the September 2005 Quarterly Budget Review.

POLICY IMPLICATIONS:

Donations Policy.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

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2 [GC] Proposed Federal Industrial Relations Changes; Rights at Work Charter

ORIGIN:

Human Resources Operations

SUMMARY OF REPORT:

A request by the United Services Union for Council to sign a ‘Charter of Working Rights’ which requires Council to commit to various principles, which they have outlined in the letter and are as follows:

• Not to support the Government’s plans to take away our basic rights at work.

• Not to use Government’s laws to reduce our wages or work conditions.

• Negotiate collectively with workers and unions, and not force employees onto individual contracts.

• Give the union continued access to the workplace.

RECOMMENDATION:

That Council receives and notes the letter from the United Services Union.

REPORT:

As per Summary and Recommendations above.

Correspondence from the NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union) is reproduced below.

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LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

3 [GC] First Round applications for Financial Assistance 2005/2006 - Donations Policy

ORIGIN:

Governance

SUMMARY OF REPORT:

Tweed Shire Council recognises a need to assist non-profit community groups, organisations and individuals who are interested in and are working towards the enhancement and the well being of its residents and the Shire.

Council advertises and invites applications for financial assistance from eligible organisations in accordance with its Donations Policy twice a year under Section 356 of the Local Government Act, 1993. Applications for financial assistance close at the end of July for the first round and end of February for the second round.

First round applications for financial assistance under Council's Donation Policy closed 29 July 2005 and these applications form an Attachment to the Agenda.

RECOMMENDATION:

That Council determines the allocations, to a maximum of $7,875, in accordance with the Donations Policy.

REPORT:

Tweed Shire Council recognises a need to assist non-profit community groups, organisations and individuals who are interested in and working towards the enhancement and the well being of its residents and the Shire.

Council advertises and invites applications for financial assistance from eligible organisations in accordance with its Donations Policy twice a year under Section 356 of the Local Government Act, 1993. Applications for financial assistance close at the end of July for the first round and end of February for the second round.

The following criteria is required to be used to determine the applications:

• No financial assistance will be given to privately owned businesses/companies.

• Organisations must be Tweed based or the funds are to be used on a service or activity for Tweed.

• No financial assistance will be given to Government Departments or agencies or for support of Government owned facilities.

• No financial assistance will be given to sporting organisations as these organisations have ample other avenues for financial assistance.

• The funds are not to be used for a social activity for members of the organisation exclusively.

The applications received by 29 July 2005 are listed below in alphabetical order and are available for inspection:

|Applicant |Donation Requested |Purpose |

|Australian Red Cross (Tweed) |$2,000 |Purchase of equipment & products necessary for service |

| | |to operate |

|Burringbar School of Arts Hall |$2,000 |Assist the hall in restoring pressed tin ceiling |

|Community Care Register for Older People |$500 |Publicity to promote & expand community care program |

|Cooloon Children's Centre Inc. |$1,500 |Cover costs associated with providing children's' |

| | |activities and parenting support information |

|Far North Coast Life Education Inc. |$2,000 |Drug & Health Education for primary school children |

|Filipino Support Group (Tweed Region) |$1,995 |To promote multiculturalism in the Tweed |

|Friends of the Pound |$2,000 |Assist pensioners & low income earners to desex, |

| | |microchip, register & vaccinate companion dogs & cats |

|Jammin '4 Juniorz |$2,000 |Costs associated with concert for Teenagers to display |

| | |musical talent |

|Murwillumbah Uniting Care Preschool |$1,600 |Purchase computer package |

|National Servicemen's' Association |$1,000 |Training courses for welfare officers |

|Palms Computer Club |$1,000 |Purchase computer & software |

|Parkin, Denise |$1,800 |Purchase of laptop computer & printer for voluntary |

| | |work for the Atlas Wildlife database |

|Pottsville Beach Community Technology Centre Inc. |$1,580 |"Visions of the Tweed" workshop |

|Thee House of Glory Family Ministries Inc. |$2,000 |Help to build church |

|Tweed District Safety House |$1,000 |Cost of running vehicle |

|Tweed Heads Environment Group Inc. |$1,500 |Public liability insurance & administration costs |

|Tweed Heads PCYC |$4,000 |Upgrade T/Hds PCYC building & facilities |

|Tweed Palliative Support Inc. |$2,000 |Training & education for volunteers |

|Tweed Valley CTC |$2,000 |Towards purchase of photocopier |

|Uki Public School OOSH Care |$500 |Workshops for children attending after school centre |

|Volunteer Marine Rescue Point Danger |$1,000 |Running costs of the Emergency Services Day in the Park|

|TOTAL |$34,975.00 | |

The approximate amount requested for the first round of donations for 2005/2006 is $34,975.

Under Council's Donations Policy for 2004/2005 the following amounts were distributed:

First Round:

Arthritis Foundation $200.00

Burringbar School of Arts $1,000.00

Burringbar Village Arts Centre $500.00

Caldera Environment Centre Inc. $1,000.00

Kids in Need $1,500.00

Murwillumbah Musicians Club *($1,000.00)

Pottsville Community Association Inc. $450.00

Tweed Combined Country Halls Association Inc. $1,000.00

Tweed District Safety House $1,500.00

Tweed Parkinson Support Group $500.00

Twin Towns & District Garden Club Inc. $410.00

Tyalgum Literary Institute $1,000.00

Uki Village & District Residents Associations Inc. $700.00

TOTAL $9,760.00

*It should be noted that the funds provided to the Murwillumbah Musicians Club were returned due to the event being cancelled.

Second Round:

Blind & Vision Impaired Support

Group Far North Coast Inc 1,500.00

Camp Quality Northern NSW 1,200.00

Cudgen Progress Association 500.00

Surfrider Foundation 1,000.00

Tweed Heads Palliative Support Inc 1,500.00

Twin Towns Family History Group Inc 1,040.00

Twin Towns Friends Association Inc. 2,000.00

Twin Towns Playgroup 750.00

Uki Hall Public Hall & Recreation Reserve Trust 750.00

TOTAL 10,240.00

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

75% of the budget expenditure allocation will be available for allocation through this process with the 25% balance of the budget expenditure reserved for determination by Council.

2005/2006 Budget allocation for Donations is $21,000 and could be distributed as follows:

First round $7,875

Second round $7,875

POLICY IMPLICATIONS:

Donations Policy (attached)

UNDER SEPARATE COVER/FURTHER INFORMATION:

Donations Policy

Applications:

1. Australian Red Cross (DW 1241832)

2. Burringbar School of Arts Hall (DW 1238224)

3. Community Care Register for Older People (DW 1241188)

4. Cooloon Children's Centre Inc. (DW 1240880)

5. Far North Coast Life Education Inc. (DW 1236195)

6. Filipino Support Group (Tweed Region) (DW 1239865)

7. Friends of the Pound (DW 1239244)

8. Jammin '4 Juniorz (DW 1234589)

9. Murwillumbah Uniting Care Preschool (DW 1240312)

10. National Servicemen's Association (DW 1240881)

11. Palms Computer Club (DW 1239864)

12. Parkin, Denise (DW 1240377)

13. Pottsville Beach Community Technology Centre Inc. (DW 1241491)

14. Thee House of Glory Family Ministries Inc. (DW 1236566)

15. Tweed District Safety House (DW 1238886)

16. Tweed Heads Environment Group Inc (DW 1240311)

17. Tweed Heads PCYC (DW 1241492)

18. Tweed Palliative Support Inc. (DW 1241189)

19. Tweed Valley CTC (DW 1247226)

20. Uki Public School OOSH Centre (DW 1241489)

21. Volunteer Marine Rescue Point Danger (DW 1234363)

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4 [GC] First Round applications for Financial Assistance 2005/2006 - Festivals Policy

ORIGIN:

Governance

SUMMARY OF REPORT:

Tweed Shire Council recognises a need to assist non-profit community groups, organisations and individuals who are interested in and are working towards the enhancement and the well being of its residents and the Shire.

Council advertises and invites applications for financial assistance from eligible organisations in accordance with its Festivals Policy twice a year under Section 356 of the Local Government Act, 1993. Applications for financial assistance close at the end of July for the first round and end of February for the second round.

First round applications for financial assistance under Council's Festivals Policy closed 29 July 2005 and will be considered by the Cultural Advisory Committee. Council should consider their recommendations at its meeting of 7 September 2005, due to the time constraints for some of the applications.

RECOMMENDATION:

That Council endorses the recommendations for financial assistance, from the Cultural Advisory Committee, in accordance with the Festivals Policy.

REPORT:

Tweed Shire Council recognises a need to assist non-profit community groups, organisations and individuals who are interested in and working towards the enhancement and the well being of its residents and the Shire.

Council advertises and invites applications for financial assistance from eligible organisations in accordance with its Festivals Policy twice a year under Section 356 of the Local Government Act, 1993. Applications for financial assistance close at the end of July for the first round and end of February for the second round.

Administrator Boyd was consulted and it was considered appropriate that the Cultural Advisory Committee consider the requests for financial assistance, using the funding guidelines outlined in the Festivals Policy.

The applications received by 29 July 2005 are listed below in alphabetical order and are available for inspection:

|Applicant |Amount Requested |Purpose |

|Kingscliff & District Chamber of Commerce |$9,000 |* Art Food & All That Jazz Festival |

|Lifeworx Christian Church |Not stated |Tweed Christmas Spectacular |

|Murwillumbah Community Centre Inc. |$4,266 |Harmony Day |

|Murwillumbah Community Centre Inc. |$4,291 |World Environment Day |

|Tweed Shire Senior Citizen's Week Committee |$5,500 |Tweed Seniors Expo |

|Tweed Valley Banana Festival & Harvest Week |$8,500 |2005 Banana Festival - 50 year celebration |

|Tyalgum District Community Assoc. |$5,000 |Tyalgum Village New Year & Centenary Celebration Festival |

|Whole Woman Festival |$3,000 |Whole Woman Festival |

|Wollumbin Festival |$9,000 |2005 Wollumbin Festival |

|Total |$39,557.00 | |

* Refer to Council's resolution of 3 August 2005:

"That Council donates $3,000 towards the Kingscliff Art, Food & All That Jazz Festival, with the application being reconsidered with other first round applications at the Operations Committee meeting on 17 August 2005."

Under Council's Festivals Policy for 2004/2005 the following amounts were distributed:

First Round:

Tweed Banana Festival $8,500

Tyalgum Diggers Festival $2,000

Greenback Fishing Competition $2,500

Senior Citizens $4,500

Outrigger Regatta $2,000

Total $19,500

Second Round:

Cabarita Beach SLSC 2,000.00

Mooball & District Movers 2,000.00

Wintersun Festival Association 5,490.00

Speed on Tweed Pty Ltd 4,000.00

Tyalgum Festival Committee Inc 3,500.00

Total $16,990.00

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

2005/2006 Budget allocation for Donations is $35,000 (less $3,000 already allocated) and could be distributed as follows:

First round $24,500 (less $3,000 already allocated)

Second round $10,500

POLICY IMPLICATIONS:

Festivals Policy

UNDER SEPARATE COVER/FURTHER INFORMATION:

Festivals Policy

Applications:

1. Kingscliff & District Chamber of Commerce (DW 1227057)

2. Lifeworx Christian Church (DW 1247552)

3. Murwillumbah Community Centre Inc. (DW 1240375 & DW 1240376)

4. Tweed Shire Senior Citizen's Week Committee (DW 1231392)

5. Tweed Valley Banana Festival & Harvest Week (DW 1242053)

6. Tyalgum District Community Assoc. (DW 1241831)

7. Whole Woman Festival (DW 1242688)

8. Wollumbin Festival (DW 1242056)

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5 [GC] Monthly Investment Report for Period Ending 31 July 2005

ORIGIN:

Financial Services

SUMMARY OF REPORT:

This report is provided to Council to advise details of monies Council has invested in accordance with Section 625 of the Local Government Act 1993.

RECOMMENDATION:

That this report be received and noted.

REPORT:

Report for Period Ending 31 July 2005

The "Chief Financial Officer" being the responsible accounting officer must report monthly to Council, setting out details of all the funds Council has invested and certification has been made in accordance with the Local Government Act (1993), the Regulations and Council policies.

1. Current Investment Portfolio by Category

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2. Investment Rates - 90 Day Bank Bill Rate (%)

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3. Annualised Rate of Return for Funds Managers - Net of Fees

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4. Monthly Comparison of Total Funds Invested

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5. Annual Progressive Total of Interest on Total Funds Invested

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6. Market Commentary

The Domestic Economy

* The rate of inflation in the June quarter was lower than expected (0.6%) increasing the annual rate slightly from 2.4% to 2.5%.

* The June unemployment rate fell to a new 28 year low of 5.0% from 5.1%. The number of people employed in Australia rose above 10 million for the first time.

* The current account deficit has peaked at just over 7% of GDP even against the backdrop of a surge in the terms of trade. Export volumes are expected to pick up as infrastructure capacity increases.

* Earlier this week the RBA maintained interest rates on hold at 5.50% for the fifth consecutive month, indicating that they see evidence of a slowdown in growth and a stable inflation environment.

* Ten-year bond yields rose by 0.19% in July, the largest monthly rise since April 2004, to close at 5.23%.

Source: Grove Economic Commentary July 2005

7. Investment Summary as at 31 July 2005

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It should be noted that the General Funds investments of $48 million are not available to be used for general purpose expenditure. It is virtually all restricted by legislation and council resolution for such purposes as unexpended loans, developer contributions, unexpended grants and various specific purpose reserves such as domestic waste, land development and employee leave entitlements.

Statutory Statement - Local Govt Financial Management Regulations (Sect.19)

I certify that Council's investments have been made in accordance with the Local Government Act 1993, the Financial Management Regulations and council's Investment policies.

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Chief Financial Officer (Responsible Accounting Officer)

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

6 [GC] Far North Coast Weeds - 2005/2008 Management Plan

ORIGIN:

Corporate Performance

SUMMARY OF REPORT:

The Far North Coast County Council has forwarded to Council a copy and is available for inspection of the Far North Coast Weeds 2005/2008 Management Plan. The County Council administers the Noxious Weeds Act 1993 on behalf of the Councils' of Ballina, Byron, Kyogle, Lismore, Richmond Valley and Tweed, with the Budget for 2005/2006 being $1.4 million.

RECOMMENDATION:

That the Far North Coast Weeds 2005/2008 Management Plan be received and noted.

REPORT:

The Far North Coast County Council has forwarded to Council a copy and is available for inspection of the Far North Coast Weeds 2005/2008 Management Plan. The County Council administers the Noxious Weeds Act 1993 on behalf of the Councils' of Ballina, Byron, Kyogle, Lismore, Richmond Valley and Tweed, with the Budget for 2005/2006 being $1.4 million.

The document describes the major activities that the County Council proposes to undertake during the three-year period, ranging from destruction of noxious weeds, inspection of properties, community awareness, co-operation with constituent Councils to environmental awareness.

The Revenue Policy outlines the formula for calculating constituent Council contributions. The 2005/2006 assessment for Tweed Shire Council is $126,900, however Council has allocated only $112,900 in its 2005/2006 Budget. An adjustment to the Budget allocation will occur in a Quarterly Budget Review.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

2005/2006 Budget allocation $112,900.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Far North Coast Weeds - 2005/2008 Management Plan (DW 1241823)

REPORTS FROM DIRECTOR ENGINEERING & OPERATIONS

7 [EO] Road Re-Naming - Chinderah Bay Drive, Chinderah

ORIGIN:

Design

FILE NO: GS5/1 Pt2

SUMMARY OF REPORT:

At its meeting held on 1 June 2005, Council resolved to advertise its intentions to re-name that part of Chinderah Bay Drive north of Waugh Street at Chinderah. The re-naming was to rectify a numbering duplication that had occurred to the north of Waugh Street.

RECOMMENDATION:

That:-

1. Renaming of Chinderah Bay Drive, Chinderah north of Waugh Street does not proceed.

2. All addresses along Chinderah Bay Drive be renumbered sequentially from north to south.

REPORT:

At its meeting held on 1 June 2005, Council resolved to advertise its intentions to re-name that part of Chinderah Bay Drive north of Waugh Street at Chinderah. Council may recall that the re-naming was to rectify a numbering duplication that had occurred to the north of Waugh Street.

An advertisement seeking submissions was placed in the Tweed Link on 14 June, 2005. Letters of advice to both the Department of Lands and Australia Post were also sent, pursuant to the requirements of the Roads (General) Regulation, 1994.

Australia Post objected to the proposal, suggesting that it would be preferable to re-number all of Chinderah Bay Drive.

Clause 10(1) of the Roads (General) Regulation 1994 provides, inter alia, that should Australia Post object to the proposal to name or re-name then a roads authority may not proceed with the proposal.

In that light, Council sought the opinions of all affected landowners as to whether they would prefer the re-numbering of Chinderah Bay Drive or that Chinderah Bay Drive be re-named. A table of affected land owners is attached to this report as a confidential attachment.

The outcome of the survey is as follows:

|Re-naming Chinderah Bay Drive |Re-numbering Chinderah Bay Drive |Other |

|9 |9 |5 |

Of the nine replies supporting the re-naming of the road, three were business addresses.

Of the nine replies supporting the re-numbering of the road, seven were business addresses.

Only one reply of the “other” options was a business address.

These “other” options included:-

• No change at all

• Re-name all of Chinderah Bay Drive

• Don’t care

• Retain the name of the road and re-number the “even” numbers south of Waugh Street

In light of Clause 10(1), referred to above, and the response received from the landowners, it is recommended that Council does not proceed with the re-naming of Chinderah Bay Drive but instead proceed to re-number the entire length of Chinderah Bay Drive to remove the duplication.

Essentially, the properties to the north of Waugh Street will retain their numbering and those properties south of Waugh Street will be re-numbered. Interestingly, the majority of business addresses are located south of Waugh Street and are the properties that will be most impacted by the proposal to re-number.

The plans below show the business addresses, south of Waugh Street, shaded for easy reference:-

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A locality plan showing the extent of Chinderah Bay Drive at Chinderah is shown below:-

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LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Confidential Attachment - list of affected land owners surveyed (DW No. 1242080).

8 [EO] Park Naming - Seabreeze Estate

ORIGIN:

Recreation Services

SUMMARY OF REPORT:

Council has received a request from the Pottsville Cricket Club to name the new sportsfields located in the Seabreeze estate ‘Seabreeze Sportsfields”.

The club will hold their opening fixture in the 2005/06 season at the facility on September 17. The Club, in conjunction with Metricon (the developer) plan to use this day as an opening and naming day for the facility.

RECOMMENDATION:

That Council call for comment regarding the naming of the sportsfields in the Seabreeze Estate ‘Seabreeze Sportsfields’.

REPORT:

Council has received a request from the Pottsville Cricket Club to name the new sportsfields located in the Seabreeze estate ‘Seabreeze sports fields”.

Council’s policy for Public Reserves – Naming states:-

"(a) Public Reserves should be given names of historical and/or Aboriginal significance or the names of eminent persons, past or present, may be used.

(b) Proposals for naming public reserves shall be advertised for 21 days for public comment."

Whilst the proposal is not entirely consistent with the naming policy, Council has veered from the policy in the past where alternate proposals have been justifiable or practical. The term ‘seabreeze sportsfields” is already utilised colloquially within the local and sporting community and appears to be a practical proposal.

Consequently, should Council feel the request is appropriate, it may consider calling for comment on the proposed naming for 21 days as per the Public Reserves naming policy.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

9 [EO] Land Acquisition for Road Purposes - Leisure Drive, Banora Point

ORIGIN:

Design

FILE NO: R2150 Pt2

SUMMARY OF REPORT:

A consent requirement under DA02/1058 for the construction of a Junior High School on Leisure Drive at Banora Point was to provide car parking adjacent to the school and for Centaur Primary School to the east along Leisure Drive.

The car parks were required to be within road reserve, necessitating the acquisition of land from the Department of Education. The acquisition is essentially a widening of the road reserve of Leisure Drive.

As the road widening and car parking were required pursuant to development consent, there will be no compensation payable to the Department of Education for the acquisition of the land.

The widening of Fraser Drive to a four lane carriageway, with car parking for adjacent sporting fields have also been completed. These works were carried out pursuant to Section 94 Contribution Plan No. 4. The acquisition of parts of Council owned land, being adjacent sporting fields and a Public Reserve are also required.

The works on Leisure Drive and Fraser Drive are now completed and the plan of acquisition for road purposes has registered as DP 1082139.

It is now necessary to proceed with an application to the Minister for Local Government to compulsorily acquire Lots 1 to 5 in DP 1082139 for road purposes.

RECOMMENDATION:

That:-

1. Council approves the acquisition of Lots 1 to 5 in DP 1082139 under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Act, 1993;

2. That Lots 1 to 5 in DP 1082139 be dedicated as road upon gazettal of the acquisition; and

3. All necessary documentation be executed under the Common Seal of Council.

REPORT:

The development consent required construction of parking bays and a contribution towards signals at Eucalyptus Drive. As Council was proceeding with road widening and two sets of signals, the additional works were included in the two contracts, with Council also undertaking to do the survey of road widenings.

As the road widening was required pursuant to development consent, there is no compensation payable to the Department of Education for the acquisition of the land.

Condition 40 of DA02/1058 is shown below:-

"40. The following roadworks, drainage and associated works shall be carried out to the satisfaction of Director Engineering Services in accordance with engineering plans to be submitted and approved prior to commencement of works. The engineering plans are to comply with the relevant Australian Standards, Austroads and RTA Standards.

a) Provide 45 carparking spaces at 90-degree angle (front to kerb) along the Eucalyptus frontage of the high school, between the school bus entry and exit driveways.

b) Provide 10 parallel spaces along the southern boundary of Leisure Drive (east of Eucalyptus Drive) in the form of signposted kerb side parking.

c) Provide 15 parallel carparking spaces along the southern boundary of Leisure Drive (west of Eucalyptus Drive, ie High School frontage)

d) At least 10 carparking spaces are to be provided in the indented bay within Eucalyptus Drive adjacent to Centaur Primary School after 3.30pm (excluding the bus zone)"

The widening of Fraser Drive to a four lane carriageway, however, was carried out pursuant to the Section 94 Contribution Plan No.4, with car parking for adjacent sporting fields, immediately north of Leisure Drive. The acquisition of parts of Council owned land, being the adjacent sporting fields and a Public Reserve are also required.

The road works on Leisure Drive and Fraser Drive are now completed and the plan of acquisition for road purposes has registered as DP 1082139.

Lots 4 and 5 in DP 1082139 are to be acquired from the Department of Education, and Lots 1, 2 and 3 in DP 1082139 are to be acquired from Tweed Shire Council.

A copy of DP 1082139 is below showing the areas to be acquired:

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It is now necessary to proceed with an application to the Minister for Local Government to compulsorily acquire Lots 1 to 5 in DP 1082139 for road purposes and to dedicate Lots 1 to 5 as road upon gazettal of the acquisition.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

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10 [EO] Country Towns Water Supply and Sewerage Program Funding Restoration

ORIGIN:

Director

SUMMARY OF REPORT:

In mid 2004 the NSW Government announced significant changes to funding arrangements for the Country Towns Water Supply and Sewerage Program (CTWSSP). Grants were reduced from 50% to 20% of backlog costs for Councils with a turnover of more than $10 million per annum. For the small towns program, subsidies have been limited to 50% regardless of turnover and the maximum subsidy capped at $15,000/tenement.

A subsequent priority ranking process at the end of 2004 resulted in some 200 projects being unfunded. For Tweed Shire Council the project most immediately affected is the Burringbar Mooball sewerage scheme. When Council commenced this scheme it was anticipated that a subsidy of 70% would be available. Council has been levying a special rate on this community for the purpose of funding this project since 2002.

RECOMMENDATION:

That:-

1. Council seeks the following Country Towns Water Supply and Sewerage Program (CTWSSP) commitments from the Government:-

a) That it will reassess residual funds available to the Program after making realistic allowances for cost escalation from 1994;

b) An increase in annual allocations to more closely match the original agreement between Government and councils of $85 million per annum (in 1994 dollars);

c) A return to a more consultative approach to administration of the Program including a joint review of the effect of the reduction in grants to individual projects introduced in 2004. This review would give particular attention to the level of subsidy provided for new small town sewerage schemes; and

d) An increase in funding to assist councils comply with changes to legislation and application of more stringent regulatory requirements (load based licensing, 2004 Drinking Water Guidelines, Water Management Act 2000 etc).

2. Council writes and expresses support for the restoration of funding to the following:-

a) The Hon. Kerry Hickey, Minister for Local Government

b) The Hon. Carl Scully, Minister for Utilities

c) Northern Rivers Regional Organisation of Councils (NOROC)

3. Council requests to meet with Mr Neville Newell, MP to enlist his support to reinstate subsidy for the Burringbar Mooball Sewerage Scheme.

REPORT:

In mid 2004 the NSW Government announced significant changes to funding arrangements for the Country Towns Water Supply and Sewerage Program (CTWSSP). Grants were reduced from 50% to 20% of backlog costs for Councils with a turnover of more than $10 million per annum. For the small towns program, subsidies have been limited to 50% regardless of turnover and the maximum subsidy capped at $15,000/tenement.

A subsequent priority ranking process at the end of 2004 resulted in some 200 projects being unfunded.

The following table details the financial impact of the above changes on Tweed Shire Council:-

Schemes currently affected are:-

(i) Burringbar-Mooball Sewerage $2.8M reduction

(ii) Kingscliff STW - $1.0M reduction

(iii) Clarrie Hall Dam - $0.75M reduction

(iv) Tyalgum Water Supply - $0.33M reduction

(v) Keilvale Sewerage - $0.502M reduction

The current estimate for sewering the villages of Burringbar and Mooball is $4.1M. Council had been actively progressing this project on the basis of a likely subsidy in the order of 70%. Since 2002 Council has levied a special rate in the villages in anticipation of the Scheme proceeding. Residents of Burringbar and Mooball have paid $350 per year since that time towards a total residents contribution of $3,500. The decision to proceed with the scheme was on the basis of a 70% government subsidy, with the balance of 30% being shared equally between Council and the local community. Burringbar and Mooball were one of 132 "unsewered villages" identified by the NSW Government as being a high priority. At the time the Government allocated funds under the "Small Towns Program".

It is understood that the government has acceded to requests from other Councils across the state for reinstatement of subsidy where Councils have commenced a process of levying contributions from existing residents in similar circumstances to Burringbar/Mooball.

On that basis alone there would appear to be some justification for seeking reassessment of the priority ranking for the Burringbar Mooball Sewerage Scheme.

In response to the changes in CTWSSP policy, the LGSA and Water Directorate have prepared a strategy paper, "The Need to Restore Funding". The strategy paper provides compelling arguments for restoration of funding levels and it seeks certain commitments from the NSW Government. The paper seeks to enable some 200 currently unfunded projects to proceed. It is attached to this report.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. The Need to Restore Funding LGSA and Water Directorate position paper (DW 1245813).

11 [EO] Landscape Management Plan - McIlrath Park, Murwillumbah

ORIGIN:

Recreation Services

SUMMARY OF REPORT:

Council officers have held discussions with the Murwillumbah Services Club regarding the management of McIlrath Park. The park is located on the corner of Commercial Road and Wollumbin Street, Murwillumbah. The park is linear in shape and contained on one side by the Tweed River and on the other side by a flood levee wall. As the Services Club is located on Commercial Road, neighbouring and overlooking the park, they have expressed an interest in its management and offered to assist with the rehabilitation of the park.

The main issues to be addressed are the rehabilitation of the riverbank by removal of exotic species and re-planting of native species, the removal of trees presenting a hazard due to their decline in health, and the subsequent improvement of the amenity of the park. To this end, the Services Club commissioned Environmental Training and Employment Inc (Envite) to produce a management plan for the park.

The plan has been reviewed and endorsed by Council officers and is presented to Council for information.

RECOMMENDATION:

That this report be received and noted.

REPORT:

Council officers have held discussions with the Murwillumbah Services Club regarding the management of McIlrath Park. The park is located on the corner of Commercial Road and Wollumbin Street, Murwillumbah. The park is linear in shape and contained on one side by the Tweed River and on the other side by a flood levy wall. As the Services club is located on Commercial Road, neighbouring and overlooking the park, they have expressed an interest in its management and offered to assist with the rehabilitation of the park.

The main issues to be addressed are the rehabilitation of the riverbank by removal of exotic species and re-planting of native species, the removal of trees presenting a hazard due to their decline in health, and the subsequent improvement of the amenity of the park. The shelters within the park are regularly use by vagrants. This combined with the linear shape of the park and the enclosure created by the levee wall on one side and the weedy vegetation on the riverbank creates an unsafe, threatening environment. The removal of the woody weeds from the riverbank will allow more light into the park and allow casual surveillance into the park from the bridge.

To facilitate the proposal, the Services Club commissioned Environmental Training and Employment Inc (Envite) to produce a plan for the park. The plan has been finalised and endorsed by Council officers. Unfortunately, two mature Jacarandas and a Quandong (Elaeocarpus obovatus) have been assessed by Council’s arborist as being in advanced stages of decline and require removal. The Camphor Laurel and mulberry trees on the riverbank will be removed at the same time. After the completion of these works, the services club will finance regeneration works on the riverbank to control the exotic species and undertake re-plantings.

It is proposed to commence the removal of the dangerous trees, the Camphor Laurel and Mulberry within a fortnight.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Landscape Management Plan McIlrath Park, Murwillumbah (DW 1244599).

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITY SERVICES

12 [EC] Request for "In Kind" Support/Waive Fee

ORIGIN:

Environment & Health Services

SUMMARY OF REPORT:

Council has received a request from Wommin Bay Village Auxiliary asking that Council waives the fee for hire of Kingscliff Amenities Hall. Details of the request are reproduced in the body of this report.

In accordance with Section 356 of the Local Government Act 1993 - Donations, Council resolved on 6 October 2004 that:-

"…. in future, all donations made by Council, whether in cash or in kind, be made by way of a resolution of Council."

RECOMMENDATION:

That Council approves the reduction of the fee by 50% for the Wommin Bay Village Auxiliary's use of the Kingscliff Amenities Hall on Thursday 24 November 2005.

REPORT:

Council has received a request from Wommin Bay Village Auxiliary asking that Council waives the fee for hire of Kingscliff Amenities Hall on Thursday 24 November 2005 to hold a fashion parade to raise funds for the residents of Wommin Bay Village. Wommin Bay Village is a community-owned Hostel for the frail aged.

Fee hire of Kingscliff Amenities Hall is $105.00.

This request does meet the guidelines for a 50% reduction of the fee.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Should requests be approved for the waiving of fees for room hire, the income for the meeting room will be impacted by the amount of the fee reduction.

Should requests for "in kind" support be approved, this will impact on the costing of Council's involvement in the activity.

POLICY IMPLICATIONS:

In considering this request, reference should be made to:-

Festivals Policy.

Donations Policy.

Guidelines for Feed Reduction, Auditoriums, Meeting Rooms and Halls.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Correspondence from Wommin Bay Village Auxiliary (DW 1239246)

13 [EC] Rainwater Tank Policy

ORIGIN:

Environment & Health Services

SUMMARY OF REPORT:

Tweed Shire Council has drafted a rainwater tank policy that details the installation, approval and operating requirements for rainwater tanks installed in the shire.

The policy has been prepared primarily in response to the regional implementation of the NSW Building and Sustainability Index (BASIX) from 1 July 2005.

RECOMMENDATION:

That Council exhibits the ‘Rainwater Tank Policy’ for a period of 28 days.

REPORT:

Tweed Shire Council has drafted a rainwater tank policy that details the installation, approval and operating requirements for rainwater tanks installed in the shire.

The ‘Rainwater Tank Policy’ has been prepared primarily in response to the regional implementation of the NSW Building and Sustainability Index (BASIX) from 1 July 2005.

BASIX is a NSW Government planning requirement that aims to ensure that every new house, townhouse, villa or unit block built in NSW is designed to use less energy and water.

New homes built in NSW can achieve the major water efficiency requirements of BASIX by installing a rainwater tank that services all household toilets, the washing machine and one garden tap.

Note: Rainwater tanks are not compulsory under BASIX, however they represent one of the easiest ways to achieve the water efficiency requirements of BASIX.

Tweed Shire Council has drafted a rainwater tank policy to provide guidance on how to address the water tank component of BASIX while satisfying the approval requirements of council.

A copy of the Draft Rainwater Tank Policy is attached to this Agenda.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Exhibition of a draft policy for 28 days.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Draft Rainwater Tank Policy (DW 1242746).

14 [EC] Northern Rivers Catchment Management Authority: Coastal Floodplain and Acid Sulfate Soil Management Project (Part A - Tweed Floodplain)

ORIGIN:

Environment & Health

SUMMARY OF REPORT:

The Northern Rivers Catchment Management Authority (NRCMA) recently advertised for contractors to undertake environmental projects. Council through its Floodplain Project Officer applied for Project No 22 Coastal Floodplain and Acid Sulfate Soil Management Project (Part A Tweed Floodplain) - $60,000. 'This project will facilitate through on-ground works and extension outcomes the active management of flood gated drains and floodplains’. Tweed Shire Council has been awarded the contract (contract attached).

RECOMMENDATION:

That the Contract for Project No 22 Coastal Floodplain and Acid Sulfate Soil Management Project (Part A Tweed Floodplain) for $60,000 be accepted by Tweed Shire Council and managed by the Floodplain Project Officer and Council votes the funds.

REPORT:

As per the summary.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Contract for Project No 22 Coastal Floodplain and Acid Sulfate Soil Management Project (Part A Tweed Floodplain) (DW 1244424).

15 [EC] Friends of the Pound: Application for Exemption Under Clause 17 of the Companion Animals Regulation 1999

ORIGIN:

Environment & Health Services

SUMMARY OF REPORT:

Friends of the Pound, a volunteer organisation with a mission statement to rehome animals, has chosen to apply to the Director General for an exemption under Clause 17 of the Companion Animals Regulation 1999. This exemption allows organisations to hold companion animals in their custody without being registered. Part of the requirement for this application requires a written statement of support from the General Manager of the Council from which the animals are to be sourced.

RECOMMENDATION:

That Council declines to offer a written statement of support for an application of exemption under Clause 17 of the Companion Animals Regulation 1999.

REPORT:

Friends of the Pound has chosen to apply to the Director General for an exemption under clause 17 of the Companion Animals Regulation 1999.

Clause 17, Exemptions from Registration Requirements states the following companion animals are exempt from section 9 (Registration required from age 6 months):

17(c) an animal in the custody of a council pound, the Animal Welfare League, Cat Protection Society, RSPCA or any other organisation approved by the Director-General by order published in the Gazette

Part of the requirement for this application requires a written statement of support from the General Manager of the Council from which the animals are to be sourced. Attached is a circular to Councils from the Department of Local Government concerning the application for exemption under clause 17.

Friends of the Pound currently rescue dogs and cats from Councils impounding facility once all avenues for rehoming by Council have been exhausted. The animals rescued from the impounding facility by the FOP have been subject to a vet assessment and temperament assessment in accordance with Councils rehoming practises.

The temperament assessment involves the pound attendant and Council’s Rangers advising the vet of their observations concerning the behaviour of the animal. The vet further determines the animals behaviour whilst being subjected to veterinarian treatment. Other supporting documents associated with the animals temperament are also provided in the form of statements from the public or a surrender form submitted by the owner. This process has alleviated the return of unwanted animals to the pound and also minimised complaints received by officers concerning animals rehomed from the pound.

The assessment process has also reduced complaints generated from the public who have purchased an animal from the pound and have the burden of additional vet fees due to an unknown ailment. In the long term this system has been beneficial to both the community and Council.

There are several issues of concern relating to the application for exemption from registration. The current organisations that have exemptions such as the RSPCA, Animal Welfare League and Cat Protection Society have national and state bodies with organisational structures to enable effective management of the service they provide. They have their own impounding/housing facilities and are conversant with associated legislation and rehoming practises.

This exemption would effectively enable the Friends of the Pound to receive animals from the public to be rehomed. Concerns are raised that volunteers may advise the public to surrender animals directly to the FOP therefore undermining Councils impounding authority and rehoming practises. This may result in the rehoming of potential nuisance or dangerous animals.

The FOP does not have their own impounding/housing facility and concerns would be raised regarding the number of animals being housed by carers and the complaints this may generate due to noise, etc. If these animals do not require registration due to this exemption, what appropriate period of time should lapse before the animal is classified as the carers pet or is the animal exempt from registration whilst in the care of a FOP member indefinitely.

CONCLUSION

Advice from the Department of Local Government concerning these issues stated there are no guidelines governing these issues and that the current organisations holding the exemption have their own impounding facility therefore eliminating the need for such provisions.

Accordingly as there are no guidelines to ensure effective management of the issues raised and no impounding/housing facility, the Friends of the Pound should be denied support from Council in obtaining the exemption.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Department of Local Government Circular 01/08 - Companion Animals Regulation Exemption Under Clause 17.

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16 [EC] Cities for Climate Protection Milestone 5 and Cities for Climate Protection Plus

ORIGIN:

Environment & Health Services

SUMMARY OF REPORT:

Tweed Shire Council achieved Milestone 5 of 5 in the Cities for Climate Protection (CCP) Program in June 2005.

The International Council of Local Environmental Initiatives (ICLEI) in collaboration with the Australian Greenhouse Office (AGO) have developed Cities for Climate Protection Plus (CCP™ Plus) to provide ongoing support to council’s that have moved beyond the milestone framework of CCP and wish to remain active in reducing local greenhouse gas emissions.

RECOMMENDATION:

That Council continues its commitment to local greenhouse gas abatement by becoming a member of Cities for Climate Protection Plus (CCP™ Plus).

REPORT:

The CCP™ Program is an international initiative that provides funding and technical assistance to local governments to promote the reduction of greenhouse gas emissions in their area.

In Australia, the CCP™ Program is delivered by the International Council of Local Environmental Initiatives (ICLEI) in collaboration with the Australian Greenhouse Office (AGO).

There are currently 206 local governments, representing 78% of Australia's population, participating in the program. Of these 206 councils 86 have achieved Milestone 5 in the CCP Program, and of those 86 council’s 65 have joined CCP™ Plus.

CCP™ Plus is a CCP™ Australia program initiative that supports councils who have moved beyond the milestone framework by continuing towards their corporate and community emission reduction goals set at Milestone Two. Through CCP™ Plus, ICLEI-A/NZ continues to offer information exchange, resources and networking opportunities for councils. Additionally, CCP™ Plus delivers focused support to councils in three key areas:

1. Organisational Review: Council undertakes the review using an efficient online tool focusing on 10 key internal components identified as levers to assist in greenhouse action. These include staff and budget allocations, data management systems, engagement in the program beyond the environment department and management and political level support. This process gives council guidance on working towards a best practice approach to greenhouse action.

2. Planning and Review: The Milestone Five process is extended through CCP™ Plus with a two-yearly Planning and Review to assess reduction goal progress and to ensure the local action plan appropriately targets areas where emissions or emissions growth are most significant.

3. Advancing Action Area – CCP Plus Special Projects: Support is provided in community emissions and the more challenging corporate sectors through Advancing Action Area projects. The program works with your council to identify key areas for attention and helps develop an action plan to address these areas and review implementation and progress.

CCP Plus councils are asked to complete a Work Plan that identifies expected timeframes for the above activities.

There is no cost involved in joining CCP™ Plus.

Councils that commit to CCP™ Plus will continue to receive the benefits of CCP™ membership, including:

• Funding opportunities provided to CCP™ Program councils by the federal government;

• Resource material produced, such as case studies highlighting the economic, environmental and social benefits of greenhouse action, newsletters, email bulletins, CCP™ Snapshot etc;

• The members area of the CCP™ Australia web site, and soon the CCP™ Plus website;

• Continued access to the CCP™ software;

• Technical services support, including support for the CCP™ software and electronic tools; and

• Invitations to CCP™ forums, including:

o National and state conferences

o Training and networking events

o Recognition ceremonies

• Access to expertise and networks of councils to exchange information and ideas.

Councils that commit to CCP™ Plus will then be eligible to participate in any number of CCP™ Plus Advancing Action Areas – CCP Plus Special Projects. The Areas defined to date are:

• Greenhouse Purchasing

• Sustainable Transport and

• Public Lighting (currently Victoria only)

To join CCP™ Plus, council must make the following commitments:

• To allocate appropriate staff time. This will vary depending on the elements that council chooses to participate in, but as a minimum will require staff time to provide the information required below

• To participate in the annual measures report, aimed to capture information on greenhouse abatement actions taken by CCP™ Program councils, including greenhouse emissions, financial savings and investments.

• To play an appropriate advocacy role for CCP™ as a leading council committed to greenhouse abatement

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

There is no cost to join CCP™ Plus. There may be some costs to participate in initiatives as they are offered.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

17 [EC] Annual Agreement for Surf Life Saving Patrols

ORIGIN:

Environment & Health Services

SUMMARY OF REPORT:

Council has provided surf life saving patrols on certain Tweed Coast beaches at Easter and Christmas each year. Each year the contract amount has increased by approximately 5%, resulting in a potential cost in 2005/06 of $146,928.

The tendering threshold under Clause 3(1A) of the Local Government (Tendering) Regulation, 1999 is $150,000. As the potential cost may exceed this threshold it is necessary that tenders be sought. The Regulation also requires that Council decide which tendering method will be employed. It is recommended that Council seek tenders by the 'open tendering method'.

RECOMMENDATION:

That Council seeks tenders for 2005/06 Christmas and Easter surf life saving patrols by the open tender method.

REPORT:

Council has historically provided surf life saving patrols on certain Tweed Coast beaches at Easter and Christmas each year. The annual cost has not exceeded the tendering threshold under the Act and Regulations and therefore a quotation has been sought and excepted from Surf Life Saving Services NSW. The beaches involved are Cudgen Beach, Cabarita Beach, Fingal Beach, Duranbah Beach, Hastings Beach, Pottsville Beach and Casuarina Beach.

Council amended the patrol service in 2004/05 season to provide two life savers at each patrol site. This is consistent with Department of Local Government Practice Note 15 Water Safety. This change significantly increased the service cost to $139,931 (GST exclusive). Each year the contract amount has increased by approximately 5%, resulting in a potential cost in 2005/06 of $146,928.

The tendering threshold under Clause 3(1A) of the Local Government (Tendering) Regulation, 1999 is $150,000. The tendering threshold under Council’s Procurement Policy, 2002 is $100,000. As the potential cost may exceed these thresholds it is necessary that tenders be sought.

Clause 7 of the Regulation also requires that Council decide which tendering method will be employed. It is recommended that Council seek tenders by the ‘open tendering method’.

Clause 11(1)(b) of the Regulation also requires that Council specify the criteria on which assessment of tenders will be based. Part 10 of Council’s Procurement Policy states that tenders will be evaluated on certain criteria, not all of which are applicable in this case. Therefore it is proposed that tenders be evaluated on the following criteria:

• Price

• Capability of organisation, including experience and ‘track record’

• Compliance with Council’s OHS & R Policy

• Ability to train and supervise patrol staff

• Willingness to accept Council’s contract requirements

• Payment terms

• General; suitability of tender submission

Should Council concur with this report then tenders will be sought and further reported to Council for consideration.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Procurement Policy - 2002

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

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REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

[SUB-AAC] Minutes of the Aboriginal Advisory Committee Meeting held Friday 1 July 2005

FOR THE CONSIDERATION OF COUNCIL:

MINUTES OF THE ABORIGINAL ADVISORY COMMITTEE MEETING HELD FRIDAY 1 JULY 2005

Aboriginal Matters

Venue:

HACC Centre, Heffron Street, Tweed Heads South

Time:

10.20 a.m.

Present:

Jackie McDonald Tweed Wollumbin AECG

Dr Glenda Nalder TSC Community Cultural Development Advisory Committee

Robert Slockee TBLALC

Geoff Togo Tweed LAC Police Aboriginal Liaison Officer Tweed

Dot Holdom Community member

Lesley Mye Community member

Maureen Logan TBLALC

Russell Logan Centrelink/TBLALC

Geoff Edwards TSC Manager of Environment & Health Services

Leigh Abernethy TSC Landscape Architect

Apologies:

Frank Krasna

Chris Morgan

Administrator Max Boyd

Rebecca Couch

Janette Saunders

The Chair was declared vacant and nominations were called. Dot Holdom was nominated

and unanimously elected to Chair this meeting.

Aunty Kath Lena opened the meeting and welcomed all and paid respect to the land and past and present Elders.

Jackie McDonald advised that Aaron Stevens was unable to attend any further

meetings as he has accepted employment in Coffs Harbour.

—————————————

Minutes of Previous Meeting:

Moved: Jackie McDonald

Seconded: Lesley Mye

RESOLVED that the minutes of the Aboriginal Advisory Committee meeting held Friday 10 June 2005 be accepted as a true and accurate record of the proceedings of that meeting except for Item 4 which should read “Aboriginal Cultural Heritage issues should be taken into consideration for development on all land”.

—————————————

Business Arising:

1. Administrative Position at Council

Geoff Edwards provided an update on the appointment of Lesley Mye to the Aboriginal Advisory Committee administration position. Funding is to be provided by Yabur Yelgun as before with a possible grant from the Salvation Army Employment Plus. Lesley will commence on 11 July 2005 pending completion of paperwork.

—————————————

2. Flag Raising Ceremony

Discussion surrounding administration issues associated with the flag raising ceremony. These issues will be resolved with the appointment of Lesley Mye.

—————————————

3. Gift to Tweed Shire Council from the Indigenous Community

Representatives of the Indigenous Community have expressed their appreciation by way of a gift and painting. Geoff Togo will confirm when the framing is complete.

—————————————

4. Upgrade of Old Border Caravan Park

A presentation was made to the committee by Dr Glenda Nalder (Tweed Shire City of the Arts Shaping a Distinctive Environment Project Co-ordinator) and Leigh Abernethy - Tweed Shire Council Landscape Architect, concerning the Aboriginal “garden” project within the overall Jack Evans Boat Harbour Project.

The main issues from the presentation were discussed: -

• the need for local input into the development of the garden project;

• City of the Arts funding to employ local aboriginal people to design and embellish the project;

• the appointment of a consultant for the project.

The Committee thanked Dr Nalder and Ms Abernethy for their presentation. The Project Manager appointed to the project will be invited to attend future meetings of the Committee.

—————————————

5. Indigenous Exhibition - Tweed River Art Gallery

Lesley Mye advised of an approach by the Tweed River Art Gallery concerning inappropriate wording involving a photographic display to be held at the Gallery depicting Aboriginal people.

RESOLVED that the Tweed River Art Gallery be requested to display appropriate signage outside the photographic exhibition warning of the inappropriate wording.

Discussion was held regarding the three aboriginal artists holding exhibitions of their work.

RESOLVED that the Gallery be requested to invite three elders to open the Exhibition.

—————————————

General Business:

6. Indigenous Fishing Strategy

Robert Slockee sought the support of the Committee regarding a proposal to buy-back commercial fishing licences by the Department of Primary Industries. Mr Slockee outlined the rights under cultural heritage for local indigenous fishers to maintain their fishing licences.

Moved: Dot Holdom

Seconded: Lesley Mye

RECOMMENDATION

That Council contact Mr Ian McDonald, Minister for Primary Industries and Mr Bob Debus, Minister for the Environment and Heritage, regarding the buy-back scheme for fishing licences not be inclusive of the removal of Indigenous fishing licences.

—————————————

Next Meeting:

The next meeting of the Aboriginal Advisory Committee will be held at the HACC Centre, Heffron Street, Tweed Heads South on Friday 5 August, 2005.

The meeting closed at 1.15 p.m.

DIRECTOR'S COMMENTS:

5. Indigenous Exhibition - Tweed River Art Gallery

The Gallery Director will continue to liaise with the Aboriginal Community to ensure the processes used are correct.

DIRECTOR'S RECOMMENDATIONS:

6. Indigenous Fishing Strategy

RECOMMENDATION:

That:

"Council contacts Mr Ian McDonald, Minister for Primary Industries and Mr Bob Debus, Minister for the Environment and Heritage, regarding the buy-back scheme for fishing licences not be inclusive of the removal of Indigenous fishing licences."

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