Ordinary Council Meeting Thursday 5 April 2018

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Mayor: Cr K Milne

Councillors: P Allsop

R Byrnes (Deputy Mayor) C Cherry

R Cooper J Owen W Polglase

Minutes

Ordinary Council Meeting Thursday 5 April 2018

held at

Council Chambers, Murwillumbah Civic & Cultural Centre, Tumbulgum Road, Murwillumbah commencing at the conclusion of the Planning Committee meeting which commences at 5.30pm.

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THIS PAGE IS BLANK

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The Meeting commenced at 5.30pm.

IN ATTENDANCE

Cr Katie Milne (Mayor), Cr Reece Byrnes (Deputy Mayor), Cr Pryce Allsop, Cr Chris Cherry, Cr Ron Cooper, Cr James Owen and Cr Warren Polglase

Also present were Mr Troy Green (General Manager), Mr David Oxenham (Director Engineering), Mr Vince Connell (Director Planning and Regulation), Mr Stewart Brawley (Manager Recreation Services for Director Community and Natural Resources) (left meeting at 8.10PM), Mr Michael Chorlton (Executive Manager Finance, Revenue and Information Technology), Mrs Suzanne Richmond (Executive Manager People, Communication and Governance), Mr Shane Davidson (Executive Officer), and Mrs Maree Morgan (Minutes Secretary).

APOLOGIES Nil.

DISCLOSURE OF INTEREST

Cr J Owen declared a Pecuniary Interest in Item 3 [GM-CM] Stronger Country Communities Funding. The nature of the interest is that Cr J Owen is currently working with Seagulls Club which encompasses Piggabeen Sports Field. Cr J Owen will manage the Interest by vacating the Chamber during discussion of the Tweed area items, returning for discussion on the Murwillumbah area items and will take no part in the voting on the matter.

Cr P Allsop declared a Pecuniary Interest in Item 4 [GM-CM] Growing Local Economies Funding. The nature of the interest is that Cr P Allsop has a family member who is an owner of one of the affected properties. Cr P Allsop will manage the Interest by vacating the Chamber and taking no part in the discussion or voting on the matter.

CONFIRMATION OF PLANNING COMMITTEE MINUTES

1 [CONMIN-CM] Adoption of the Recommendations of the Planning Committee Meeting held Thursday 5 April 2018

147

Cr P Allsop Cr W Polglase

RESOLVED that the recommendations of the Ordinary Planning Committee Meeting held Thursday 5 April 2018 be adopted as follows:

2 [PR-PC] Development Application DA17/0524 for the Use of Existing Building as a Roadside Stall at Lot 101 DP 755702 No. 839 Kyogle Road, Byangum

RECOMMENDED that:

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A. State Environmental Planning Policy No. 1 objection to Clause 24 of the Tweed Local Environmental Plan 2000 regarding setbacks to designated roads be supported and the concurrence of the Director-General of the Department of Planning and Infrastructure be assumed.

B. That Development Application DA17/0524 for the use of existing building as a roadside stall at Lot 101 DP 755702 No. 839 Kyogle Road, Byangum be approved subject to the following conditions:

GENERAL

1. The development shall be completed in accordance with the Statement of Environmental Effects and the following plans:

• Plan Showing Location of Fruit Stall (Revision D) prepared by Landsurv Pty Ltd and dated 15 January 2018;

• Part Site Plan & Site Analysis (Drawing No. 2066C Sheet 1) prepared by Parameter Designs and dated 24 July 2017;

• Plans & Elevations (Drawing No. 2066C Sheet 2) prepared by Parameter Designs and dated 24 July 2017; and

• Section & Footing Detail (Drawing No. 2066C Sheet 3) prepared by Parameter Designs and dated 24 July 2017,

except where varied by the conditions of this consent.

[GEN0005]

2. The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia.

[GEN0115]

3. Car parking for the roadside stall is to be in accordance with plan titled ‘Part site plan and site analysis’ prepared by Parameter Designs dated 24 July 2017.

[GENNS01]

4. A building certificate is to be obtained for the road side stall within 30 days from the issue of this consent. The front awning is to be cut back to a maximum cantilever of 0.6m as indicated on the approved plans prior to the issue of the building certificate.

5. The structure is to be modified so as to only operate to a maximum 20m² area and can therefore be characterised as a roadside stall. An updated plan is to be submitted to Council for the approval of General Manager or delegate identifying how the structure is to be made compliant with the roadside stall definition.

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Rural Fire Service Condition

6. The proposed development is to comply with the plan titled 'Part Site Plan &

Site Analysis', prepared by Parameter Designs, reference 2066C and dated 24 July 2017, except where modified by conditions of this approval.

[GENNS02]

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

7. Prior to issue of an occupation certificate, all works/actions/inspections etc required at that stage by other conditions or approved management plans or the like shall be completed in accordance with those conditions or plans.

[POC0005]

8. A person must not commence occupation or use of the whole or any part of a new building or structure (within the meaning of Section 109H(4)) unless an occupation certificate has been issued in relation to the building or part (maximum 25 penalty units).

[POC0205]

9. A final occupation certificate must be applied for and obtained within 6 months of any Interim Occupation Certificate being issued, and all conditions of this consent must be satisfied at the time of issue of a final occupation certificate (unless otherwise specified herein).

[POC0355]

10. Prior to the occupation of any building and prior to the issue of any occupation certificate a final inspection report is to be obtained from Council to verify the satisfactory installation of all plumbing and drainage and the on- site sewage management facility.

[POC1035]

11. Prior to the issue of an occupation certificate a building certificate is to be obtained in respect of the road side stall.

12. Prior to the issue of an occupation certificate the structure is to be modified so as to ensure the roadside stall use only operates to a maximum 20m² area.

[POCNS01]

USE

13. The use to be conducted so as not to cause disruption to the amenity of the locality, particularly by way of the emission of noise, dust and odours or the like.

[USE0125]

14. Hours of operation of the business are restricted to the following hours:

* 7:00am to 6:00pm

[USE0185]

15. No intensification of food for sale beyond the provision of whole primary produced food products produced on the subject property is permitted

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without the approval of the General Manager or his delegate. Food preparation for the purposes of sale is not permitted at the roadside stall.

Food preparation includes the cutting-and-wrapping of foods.

[USE0855]

16. All commercial / industrial / residential wastes shall be collected, stored and disposed of in accordance with any approved Waste Management Plan or to the satisfaction of the General Manager or his delegate.

[USE0875]

17. In the event of an impending flood, if safe to do so, all stock and equipment should be moved to higher ground on the eastern side of Kyogle Road.

18. Stormwater collected from the roof of any structure shall not be directed towards a watercourse. Discharge of piped stormwater has the potential to cause scouring, which may result in sedimentation and bank instability.

[USENS01]

3 [PR-PC] Development Application D91/0266.01 for an Amendment to Development Consent D91/0266 for the Erection of a Three Storey Mixed Development Comprising Seven Shops and Five Flats With Associated Car Parking at Lot 3 SP 64511 No. 3/31-33 Tweed Coast R

This item was withdrawn both through verbal and written advice provided by the Applicant at the preceding Planning Committee Access Session.

4 [PR-PC] Planning Proposal PP18/0001 for Minor Zoning Amendments to Various Public Land Parcels and a Site-Specific Amendment to Lot 14 and 22 DP 821933 No. 224 Carool Road, Carool

1. The Local Environmental Plan amendments detailed in this report are endorsed;

2. The planning proposal once finalised is to be referred to the NSW Department of Planning & Environment for a Gateway Determination, in accordance with s3.34 of the Environmental Planning & Assessment Act 1979;

3. On receipt of the Minister’s Gateway Determination Notice to continue all, if any, Gateway conditions or other identified study or work is to be duly completed and included within the material for public exhibition;

4. Public exhibition is to occur for a period not less than 28 days;

5. Submissions received during public exhibition are to be reported to Council at the earliest time and detailing the issues raised and a recommended planning response.

5 [PR-PC] Submission to the Public Exhibition of the Hotel Major Development Plan for the Gold Coast Airport

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1. The attached submission on the public exhibition of the Gold Coast Airport draft Hotel Major Development Plan is endorsed; and

2. The endorsed submission be submitted to the Gold Coast Airport Limited as Tweed Shire Council’s reply prior to the closing date of 4 May 2018.

6 [PR-PC] Information from NSW Fire and Rescue

RECOMMENDED that the reports received from Fire & Rescue (NSW BFS16/1986 (0082) Anchorage Island) and STN/00468F-2 Storz Hose Connections) be received and noted.

7 [PR-PC] Variations to Development Standards under State Environmental Planning Policy No. 1 - Development Standards

RECOMMENDED that Council notes there are no variations for the month of March 2018 to Development Standards under State Environmental Planning Policy No. 1 - Development Standards.

The Motion was Carried FOR VOTE - Unanimous

ORDERS OF THE DAY

2 [NOM] Round Table Consultation - Kingscliff Skate Park 148

Cr R Cooper Cr R Byrnes

RESOLVED that Council convenes a round table consultation by the first week in May 2018 and which should include discussion on the location, design and the associated park works.

Cr W Polglase temporarily left the meeting at 06:33 PM.

Cr W Polglase has returned from temporary absence at 06:37 PM The Motion was Carried

FOR VOTE - Unanimous

REPORTS THROUGH THE GENERAL MANAGER REPORTS FROM THE GENERAL MANAGER

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SUSPENSION OF STANDING ORDERS 149

Cr K Milne Cr C Cherry

RESOLVED that Standing Orders be suspended to deal with Item 3 of the Agenda.

3 [GM-CM] Stronger Country Communities Funding DECLARATION OF INTEREST

Cr J Owen declared a Pecuniary Interest in this item. The nature of the interest is that Cr J Owen is currently working with Seagulls Club which encompasses Piggabeen Sports Field.

Cr J Owen will manage the Interest by vacating the Chamber during discussion of the Tweed area items, returning for discussion on the Murwillumbah area items and will take no part in the voting on the matter.

Cr J Owen temporarily left the meeting at 06:45 PM.

Cr J Owen has returned from temporary absence at 06:46 PM Cr R Cooper temporarily left the meeting at 06:51 PM.

Cr R Cooper has returned from temporary absence at 06:53 PM

150

Cr P Allsop Cr W Polglase RESOLVED that:

1. Council submits the following projects in priority order for 2018 (round 2) funding under the Stronger Country Communities Fund for the Tweed Electorate:

General Community Amenity

Priority Description Amount

Required

1 Tweed Coast Koala Holding Facility $261,000

2 Tweed Heads SES Headquarters $1,600,000

3 Tweed Riverbank stabilisation $900,000

4 Tweed Heads South Pool - Solar $65,000

5 Banora Point Community Centre - Solar plus battery storage

$65,000 6 South Tweed Community Hall - Solar plus battery storage $34,000

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Priority Description Amount Required

7 Kingscliff Library - Solar $20,000

8 New Animal Pound and Rehoming Centre $1,350,000

9 Playground Shade Program $240,000

10 Tweed Heads Civic and Cultural Centre Plaza and Social Enterprise Café

$1,130,000 11 Streetlight Bulk Replacement to LED or subset trial

(Casuarina and Wharf Street, Tweed Heads)

$2,960,000 12 Upgrade and expansion of Pottsville Beach Community

Hall and market

$300-

$500,000 13 Captain Cook Memorial and Lighthouse Revitalisation $990,000 Cr J Owen temporarily left the meeting at 06:58 PM.

Local Sporting Infrastructure

Required 1 *Arkinstall Park / Tweed River High School $5,000,000 2 Tweed Heads South Aquatic Centre - Program Pool

Upgrade

$150,000 3 Kingscliff Sport & Recreation Complex (Stage 1) $2,000,000 4 Exercise trail stations, such as those installed along

Marine Parade, Kingscliff (up to the value of available funds)

$250,000

5 Cycleways (up to the value of available funds) $992,145 6 Youth recreation facilities - Quota Park Tweed Heads $90,000 7 Kingscliff Tennis Club - Court refurbishment $130,000 8 Pottsville Tennis Club - amenities roof replacement and

club extension

$150,000 9 Piggabeen Sports Field facilities Upgrade $500,000

10 Barry Sheppard Sports Field Upgrade $350,000

11 Casuarina Sports Field Lighting $120,000

12 Kingscliff Skate Park/Youth $995,000

13 Fingal Headland boardwalk and whale watching platform $600,000 14 Beach access upgrades (Ambrose Brown Park, Casuarina

Beach, Pottsville Beach)

$390,000 15 Philp Parade walkway and boardwalk (South Tweed

Heads)

$565,000 16 Tweed Coast Raiders - Les Burger Fields - Training

Centre

$55,000

ADJOURNMENT OF MEETING Adjournment for dinner at 7.08pm.

RESUMPTION OF MEETING The Meeting resumed at 7.55pm.

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Cr J Owen has returned from temporary absence at 07:51 PM.

2. Council submits the following projects in priority order for 2018 (round 2) funding under the Stronger Country Communities Fund for the Lismore Electorate:

General Community Amenity

1 Downtown Gallery Trial $50,000

2 Tweed Riverbank Stabilisation $900,000

3 Murwillumbah Community Centre - Solar $114,000 4 Murwillumbah Community Centre - Design improvements $200,000 5 Museum and Records Storage, Honeyeater Circuit - Solar

plus battery storage

$50,000 6 Living Arts for All – Murwillumbah Auditorium $990,000 7 Queen Street toilet block reuse conversion $62,000

8 Playground Shade Program $240,000

9 Streetlight Bulk Replacement to LED $2,960,000 Local Sporting Infrastructure

1 Cycleways (up to the value of available funds) $992,145

2 Jim Devine Football Field $190,000

3 Replacement of grandstand roof - Stan Sercombe field Murwillumbah

$300,000 4 Exercise trail stations, such as those installed along Marine

Parade, Kingscliff (up to the value of available funds)

$100,000 5 Murwillumbah Hockey Centre - Lighting of Field 2 $250,000 6 Field lighting - Rabjones Oval Murwillumbah $200,000 3. The Mayor and General Manager consult with the Local State Members on the

identified projects.

Cr J Owen temporarily left the meeting at 08:01 PM.

The Motion was Carried

FOR VOTE - Cr R Byrnes, Cr C Cherry, Cr R Cooper, Cr W Polglase, Cr P Allsop AGAINST VOTE - Cr K Milne

ABSENT. DID NOT VOTE - Cr J Owen

Cr J Owen has returned from temporary absence at 08:04 PM Cr P Allsop temporarily left the meeting at 08:05 PM.

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RESUMPTION OF STANDING ORDERS 151

Cr C Cherry Cr R Byrnes

RESOLVED that Standing Orders be resumed.

FOR VOTE - Cr R Byrnes, Cr C Cherry, Cr R Cooper, Cr K Milne, Cr J Owen, Cr W Polglase,

ABSENT. DID NOT VOTE - Cr P Allsop

4 [GM-CM] Growing Local Economies Funding DECLARATION OF INTEREST

Cr P Allsop declared a Pecuniary Interest in this item. The nature of the interest is that Cr P Allsop has a family member who is an owner of one of the affected properties. Cr P Allsop will manage the Interest by vacating the Chamber and taking no part in the discussion or voting on the matter.

152

Cr K Milne Cr R Byrnes

RESOLVED that Council submits an Expressions of Interest for the Industry Central Land Swap (Infrastructure) in Murwillumbah for $3.2 million.

FOR VOTE - Unanimous

ABSENT. DID NOT VOTE - Cr P Allsop

Cr P Allsop has returned from temporary absence at 08:07 PM

5 [GM-CM] Regional Growth Fund 153

Cr W Polglase Cr P Allsop

RESOLVED that Council submits an application seeking $12.81 million in grant funding under the Regional Growth Fund for the Tweed Coast Road Upgrade valued at $25.62 million with matching funding of $12.81 million from the Tweed Roads Contributions Plan.

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REPORTS FROM THE DIRECTOR PLANNING AND REGULATION Nil.

REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES Nil.

REPORTS FROM THE DIRECTOR ENGINEERING

6 [E-CM] Bray Park Weir Tidal Protection Project Reference Group 154

Cr W Polglase Cr J Owen

RESOLVED that Council determines the following two Councillors be appointed to the Bray Park Weir Tidal Protection Project Reference Group:

Cr Katie Milne Cr Pryce Allsop The Motion was Carried FOR VOTE - Unanimous

7 [E-CM] RFO2018017 Major Flood Repair Work - Landslip Repairs Bundle 3 This item was dealt with in conjunction with Item 11 of the Addendum Agenda.

(Minute No 159 refers).

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8 [E-CM] RFO2018011 Major Flood Repair Work Bundle 4 - Land Slip Repairs by Soil Nails or Other

This item was dealt with in conjunction with Item 12 of the Addendum Agenda.

(Minute No 160 refers).

PROCEDURAL MOTIONS 155

Cr W Polglase Cr K Milne

RESOLVED that Items 9 to 12 be considered in block.

156

RESOLVED that Items 9 to 12 be moved in block.

9 [E-CM] RFO2018013 Major Flood Repair Work - Landslip Repairs Bundle 5 157

RESOLVED that in respect to Contract RFO2018013 Major Flood Repair Work – Landslip Repairs Bundle 5:

1. Council awards the offer to Crosana Pty Ltd (ABN 45 943 696 462), for the amount of

$1,356,610.91 (exclusive of GST).

2. The General Manager be granted delegated authority to approve appropriately deemed variations to the contract and those variations be reported to Council six monthly and at finalisation of the contract.

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3. ATTACHMENTS 2 and 3 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-

(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.

10 [E-CM] RFO2018010 Major Flood Repair Work - Landslip Repairs Bundle 8 158

RESOLVED that, in respect to Contract RFO2018010 Major Flood Repair Work – Landslip Repairs Bundle 8:

1. Council awards the offer to Crosana Pty Ltd (ABN 45 943 696 462), for the amount of

$893, 290.00 (exclusive of GST).

2. The General Manager be granted delegated authority to approve appropriately deemed variations to the contract and those variations be reported to Council at finalisation of the contract.

REPORTS FROM THE EXECUTIVE MANAGER FINANCE, REVENUE AND INFORMATION TECHNOLOGY

Nil.

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REPORTS FROM THE EXECUTIVE MANAGER PEOPLE, COMMUNICATION AND GOVERNANCE

Nil.

ADDENDUM ITEMS

11 ADDENDUM [E-CM] RFO2018017 Major Flood Repair Work - Landslip Repairs Bundle 3

159

RESOLVED that in respect to Contract RFO2018017 Major Flood Repair Work – Landslip Repairs Bundle 3:

1. Council awards the offer to Geo Stabilise Pty Ltd (ABN 47 166 054 842), for the amount of $430,340.55 (exclusive of GST).

12 ADDENDUM [E-CM] RFO2018011 Major Flood Repair Work Bundle 4 - Land Slip Repairs by Soil Nails or Other

160

RESOLVED that in respect to Contract RFO2018011 Major Flood Repair Work, Landslip Repairs by Soil Nails or Other - Bundle 4:

1. Council awards Separable Portions 1 and 2 to Geo Stabilise Pty Ltd (ABN 47 166 054 842), for the amount of $1,123,010.00 (exclusive of GST).

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3. ATTACHMENTS 2, 3 and 4 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-

LATE ITEMS LATE ITEM 161

Cr W Polglase Cr P Allsop

RESOLVED that Item 13 being a Late Addendum item be dealt with and it be ruled by the Chairman to be of great urgency.

The Motion was Carried FOR VOTE - Unanimous

LATE REPORT FROM THE GENERAL MANAGER

13 LATE [GM-CM] ED-EOI 01-2017 - Expression of Interest - Marketing, Promotion and Destination Management

ALTERNATE MOTION 162

Cr W Polglase Cr K Milne RESOLVED that:

1. The report on the Expression of Interest for Marketing, Promotion and Destination Management (ED-EOI 01-2017) be received and noted.

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2. An urgent workshop on this matter be organised for Friday 13 April 2018 with this report being deferred for consideration at the meeting scheduled for 19 April 2018.

CONFIDENTIAL COMMITTEE

EXCLUSION OF PRESS AND PUBLIC 163

Cr P Allsop Cr C Cherry

RESOLVED that Council resolves itself into a Confidential Committee in accordance with Section 10A(2) of the Local Government Act 1993 (as amended) and that the press and public be excluded from the whole of the Committee Meeting, because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reasons of the confidential nature of the business to be transacted.

CONFIDENTIAL ITEMS FOR CONSIDERATION

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

REPORTS THROUGH THE GENERAL MANAGER IN COMMITTEE LATE REPORT FROM DIRECTOR PLANNING AND REGULATION

C1 LATE [PR-CM] Legal Proceedings Update for Land Owned by Reysson Pty Ltd at Soorley Street, Tweed Heads

REASON FOR CONFIDENTIALITY:

The report contains information that is the subject of legal proceedings brought about by Council that need to be confidential to maintain legal professional privilege.

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Local Government Act

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

C 23

That Council instructs its solicitors jointly with Reysson solicitors to seek an adjournment of six months for the current NSW Land and Environment Court proceedings against Reysson Ltd Pty, in respect of the premises Lot 2 DP 1060215 Soorley Street, Tweed Heads.

FOR VOTE - Cr R Byrnes, Cr C Cherry, Cr R Cooper, Cr K Milne, Cr J Owen AGAINST VOTE - Cr W Polglase, Cr P Allsop

164

Cr K Milne Cr R Byrnes

RESOLVED that the recommendations of the Confidential Committee be adopted.

There being no further business the Meeting terminated at 8.47PM.



Minutes of Meeting Confirmed by Council at the Meeting held on

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Chairman