Mayor: Cr K Milne Councillors: P Allsop R Byrnes C Cherry ......Mayor: Cr K Milne Councillors: P...

Mayor: Cr K Milne Councillors: P Allsop

R Byrnes C Cherry (Deputy Mayor) R Cooper J Owen W Polglase

Agenda

Ordinary Council Meeting Thursday 21 February 2019

held at

Harvard Room, Tweed Heads Administration Building, Brett Street, Tweed Heads

commencing at 5.30pm

Council Meeting Date: Thursday 21 February 2019

Page 2

Principles for Local Government The object of the principles for Tweed Shire Council, as set out in Section 8 of the Local Government Amendment (Governance and Planning) Bill 2016, is to provide guidance to enable council to carry out its functions in a way that facilitates a local community that is strong, healthy and prosperous. Guiding Principles for Tweed Shire Council (1) Exercise of functions generally

The following general principles apply to the exercise of functions by Tweed Shire Council:

(a) Provide strong and effective representation, leadership, planning and decision-

making. (b) Carry out functions in a way that provides the best possible value for residents and

ratepayers. (c) Plan strategically, using the integrated planning and reporting framework, for the

provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Work with others to secure appropriate services for local community needs. (h) Act fairly, ethically and without bias in the interests of the local community. (i) Be responsible employers and provide a consultative and supportive working

environment for staff.

(2) Decision-making The following principles apply to decision-making by Tweed Shire Council (subject to any other applicable law):

(a) Recognise diverse local community needs and interests. (b) Consider social justice principles. (c) Consider the long term and cumulative effects of actions on future generations. (d) Consider the principles of ecologically sustainable development. (e) Decision-making should be transparent and decision-makers are to be accountable

for decisions and omissions.

(3) Community participation Council should actively engage with the local community, through the use of the integrated planning and reporting framework and other measures.


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Items for Consideration of Council:

ITEM PRECIS PAGE

CONFIRMATION OF MINUTES 7

1 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meeting held 12 December 2018

7

2 [CONMIN-EXT] Confirmation of Minutes of Extraordinary Ordinary and Confidential Council Meeting held Friday 21 December 2018

9

3 [CONMIN-EXT] Confirmation of Minutes of the Ordinary and Confidential Extraordinary Council Meeting held Thursday 17 January 2019

11

4 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meeting held Thursday 7 February 2019

13

SCHEDULE OF OUTSTANDING RESOLUTIONS 15

5 [SOR-CM] Schedule of Outstanding Resolutions at 21 February 2019

15

MAYORAL MINUTE 29

6 [MM-CM] Mayoral Minute for December 2018 and January 2019 29

RECEIPT OF PETITIONS 35

7 [ROP-CM] Receipt of Petitions at 21 February 2019 35

ORDERS OF THE DAY 40

8 [NOM-Cr K Milne] Fix Pension Poverty 40

REPORTS THROUGH THE GENERAL MANAGER 42

REPORTS FROM THE GENERAL MANAGER 42

9 [GM-CM] Murwillumbah Airfield - New Landing Fees 42

10 [GM-CM] Commercial Use of Murwillumbah Airfield - Sky Diving Operations

46

11 [GM-CM] The Tweed Tourism Co. - Quarterly Report - October to December 2018

51

12 [GM-CM] Tweed Kenya Mentoring Program 54

13 [GM-CM] Land Availability for Tiny Homes 59

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION 63

14 [PR-CM] Development Application DA18/0133 for a 72 Lot Subdivision (Seabreeze Estate Stages 18A and 18B) at Lot 1747 DP 1215252 Seabreeze Boulevard, Pottsville

65


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15 [PR-CM] Illegal Dumping Strategy 2019-2021 93

16 [PR-CM] Development Application DA18/1044 for a water bottling facility at Lot 1 DP 735658; No. 477 Urliup Road, Bilambil

98

REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES 129

17 [CNR-CM] Support for Farm 2 Plate Exchange 129

18 [CNR-CM] NSW National Youth Week 2019 133

19 [CNR-CM] Park Naming - Nathan Bewes Park 137

REPORTS FROM THE DIRECTOR ENGINEERING 139

20 [E-CM] Monitoring, Investigation and Rehabilitation associated with Quarry Sites near Harrys Road, North Arm

139

21 [E-CM] Licence for Temporary Access on Council Land - Tweed Heads Wastewater Treatment Plant

149

22 [E-CM] Variation of Restriction on Use - Lot 10 DP 1231670 - 23 Sea Eagle Court, Casuarina

153

23 [E-CM] Application for Public Gate on Council Road Reserve - Uki 157

24 [E-CM] Hindmarsh Road, Kielvale - Acquisition of Land for Road Realignment

161

25 [E-CM] Naming of Private Roads - Mount Burrell 165

REPORTS FROM THE EXECUTIVE MANAGER FINANCE, REVENUE AND INFORMATION TECHNOLOGY

170

26 [FRIT-CM] Fossil Fuel Divestment 170

27 [FRIT-CM] Quarterly Budget Review - December 2018 180

28 [FRIT-CM] Six Monthly Progress Report as at 31 December 2018 202

29 [FRIT-CM] Monthly Investment Report for period ending 31 December 2018

207

30 [FRIT-CM] Monthly Investment Report for period ending 31 January 2018

213

REPORTS FROM THE EXECUTIVE MANAGER PEOPLE, COMMUNICATION AND GOVERNANCE

218

31 [PCG-CM] Administration of Local Government Elections 218

32 [PCG-CM] Australian Citizenship Ceremonies Code 222

33 [PCG-CM] Legal Services Register Report for the Period 1 October to 31 December 2018

228

34 [PCG-CM] Compliments and Complaints Analysis Report for the Period 1 October to 31 December 2018

243

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS 249


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35 [SUB-EAC] Minutes of the Equal Access Advisory Committee Meeting held Wednesday 15 August 2018

249

36 [SUB-TRAG] Minutes of the Tweed Regional Art Gallery Advisory Committee Meeting held Wednesday 19 September 2018

253

37 [SUB-SAC] Minutes of the Sports Advisory Committee Meeting held Monday 8 October 2018

257

38 [SUB-TSYC] Minutes of the Tweed Shire Youth Council Committee Meeting held Wednesday 28 November 2018

263

39 [SUB-AAC] Minutes of the Aboriginal Advisory Committee Meeting held Friday 7 December 2018

269

40 [SUB-TRMAC] Minutes of the Tweed Regional Museum Advisory Committee Meeting held Wednesday 28 November 2018

275

41 [SUB-CHAC] Minutes of the Community Halls Advisory Committee Meeting held Wednesday 5 December 2018

281

42 [SUB-SAC] Minutes of the Sports Advisory Committee Meeting held 10 December 2018

287

43 [SUB-TCWC[ Minutes of the Tweed Coast and Waterways Committee Meeting held Wednesday 12 December 2018

291

44 [SUB-EAC] Minutes of the Equal Access Advisory Committee Meeting held Wednesday 19 December 2018

298

45 [SUB-LTC] Minutes of the Local Traffic Committee Meeting held Thursday 20 December 2018

303

CONFIDENTIAL ITEMS FOR CONSIDERATION 316

REPORTS THROUGH THE GENERAL MANAGER IN COMMITTEE 316

REPORTS FROM THE GENERAL MANAGER IN COMMITTEE 316

C1 [GM-CM] Feature Film Proposal - Tweed Heads 316

C2 [GM-CM] Application Under Business Investment Policy 317

REPORTS FROM THE DIRECTOR ENGINEERING IN COMMITTEE 318

C3 [E-CM] Clarrie Hall Dam - Land Purchase - Part 2009 Kyogle Road, Terragon

318

REPORTS FROM THE EXECUTIVE MANAGER PEOPLE, COMMUNICATION AND GOVERNANCE IN COMMITTEE

319

C4 [PCG-CM] State Emergency Services Tweed Heads Unit - Accommodation Arrangements w

319


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THIS PAGE IS BLANK


Page 7

CONFIRMATION OF MINUTES

1 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meeting held 12 December 2018

SUBMITTED BY: Corporate Governance mhm

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:

2 Making decisions with you

2.2 Engagement

2.2.4 Councillor and Civic Business - To provide assistance to Councillors and support for Council to operate within its legal framework.

ROLE: Leader

The Minutes of the Ordinary and Confidential Council Meeting held Thursday 12 December 2018 are attached for information and adoption by Council. RECOMMENDATION:

That: 1. The Minutes of the Ordinary and Confidential Council Meetings held Thursday 12

December 2018 be adopted as a true and accurate record of proceedings of that meeting.

2. ATTACHMENT 2 is CONFIDENTIAL in accordance with Section 10A(2) of the Local

Government Act 1993, because it contains:- (f) matters affecting the security of the council, councillors, council staff or council

property.

Making decisions with you We're in this together


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REPORT:

As per Summary. COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). Attachment 1 Minutes of the Ordinary Council Meeting held Thursday 12

December 2018 (ECM 5684164). (Confidential) Attachment 2 Minutes of the Confidential Council Meeting held Thursday

12 December 2018 (ECM 5684198).

http://www.tweed.nsw.gov.au/


Page 9

2 [CONMIN-EXT] Confirmation of Minutes of Extraordinary Ordinary and Confidential Council Meeting held Friday 21 December 2018




2.2 Engagement


ROLE: Leader

The Minutes of the Extraordinary Ordinary and Confidential Council Meeting held Friday 21 December 2018 are attached for information and adoption by Council. RECOMMENDATION:

That: 1. The Minutes of the Ordinary and Confidential Council Meetings held Friday 21

December 2018 be adopted as a true and accurate record of proceedings of that meeting.



property.



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REPORT:


To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). Attachment 1 Minutes of the Extraordinary Ordinary Council Meeting held

Friday 21 December 2018 (ECM5694970). (Confidential) Attachment 2 Minutes of the Extraordinary Confidential Council Meeting

held Friday 21 December 2018 (ECM5694925).



Page 11

3 [CONMIN-EXT] Confirmation of Minutes of the Ordinary and Confidential Extraordinary Council Meeting held Thursday 17 January 2019




2.2 Engagement


ROLE: Leader

The Minutes of the Ordinary and Confidential Extraordinary Council Meeting held Thursday 17 January 2019 are attached for information and adoption by Council. RECOMMENDATION:

That: 1. The Minutes of the Ordinary and Confidential Extraordinary Council Meetings held

Thursday 17 January 2019 be adopted as a true and accurate record of proceedings of that meeting.



property.



Page 12

REPORT:


To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). Attachment 1 Minutes of the Ordinary Extraordinary Council Meeting held

Thursday 17 January 2019 (ECM5734297). (Confidential) Attachment 2 Minutes of the Confidential Extraordinary Council Meeting

held Thursday 17 January 2019 (ECM5735502).



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4 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meeting held Thursday 7 February 2019




2.2 Engagement


ROLE: Leader

The Minutes of the Ordinary and Confidential Council Meeting held Thursday 7 February are attached for information and adoption by Council. RECOMMENDATION:

That: 1. The Minutes of the Ordinary and Confidential Council Meetings held Thursday 7

February 2019 be adopted as a true and accurate record of proceedings of that meeting.



property.



Page 14

REPORT:


To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). Attachment 1 Minutes of the Ordinary Council Meeting held Thursday 7

February 2019 (ECM 5762100) (Confidential) Attachment 2 Minutes of the Confidential Council Meeting held Thursday 7

February 2019 (ECM 5762102).



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SCHEDULE OF OUTSTANDING RESOLUTIONS

5 [SOR-CM] Schedule of Outstanding Resolutions at 21 February 2019 mhm



2.2 Engagement


ROLE: Leader

CODE OF MEETING PRACTICE: Section 2.8 Outstanding Resolutions No debate is to be allowed on Outstanding Resolutions. Any changes to or debate on Outstanding Resolutions should only be by way of a Notice of Motion or a report to Council. 15 SEPTEMBER 2016 REPORTS FROM THE GENERAL MANAGER IN COMMITTEE C1 [GM-CM] Murwillumbah Railway Station C 29 That Council:

1. Authorises the General Manager to enter into lease negotiations for the Murwillumbah Railway Station.

2. A report be bought back to a future Council meeting which includes the terms and

conditions of the future potential lease. Current Status: A report on future lease options will be considered more broadly as part

of the Rail Trail project in accordance with the business case presented to the State and Commonwealth Governments which identified the need for complimentary tenancy of the Rail Trail to contribute to the ongoing maintenance of the infrastructure.

A Heritage Application Grant has been submitted on 8 February 2019 to undertake works on the Murwillumbah Railway Station site.



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1 MARCH 2018 REPORTS FROM THE DIRECTOR PLANNING AND REGULATION IN COMMITTEE C2 [PR-CM] Unauthorised Works within Crown Road Reserve, Zara Road,

Limpinwood REASON FOR CONFIDENTIALITY:

This is subject to current legal investigations. 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 9 That Council, in respect of the current legal investigations relating to the unauthorised works within the Crown Road at Zara Road Limpinwood: 1. …. 4. Council seeks further advice in regard to whether it is appropriate to issue a Notice of

Intention to cease using the Crown Road Reserve. Current Status: The directions hearing for criminal proceedings was set for 19 October

2018 and a further report will be submitted back to Council following confirmation of upcoming action in the Land & Environment Court.

A further report was submitted to Council's meeting on 7 February 2019 where it was resolved to reconfirm its decision to support the current prosecution action.

22 MARCH 2018 ORDERS OF THE DAY 12 [NOM] Policy for Variations to Council's Planning Controls

99

Cr K Milne Cr R Byrnes RESOLVED that Council brings forward a report on amending the Tweed and Tweed City Local Environmental Plan and Development Control Plan, with a view to enhancing sustainability outcomes such as living walls, green roofs, blue green infrastructure, greenhouse gas emissions, waste, composting, community gardens, etc., in accordance with the Paris Agreement targets.


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Current Status: These policy investigations will form part of the Tweed DCP

housekeeping review. As per the adopted Strategic Planning and Urban Design Work Program this is scheduled to be undertaken after July 2019.

19 APRIL 2018 REPORTS FROM DIRECTOR ENGINEERING 23 [E-CM] Heavy Vehicle Approvals - B-Double Routes

173

Cr R Byrnes Cr K Milne RESOLVED that this Item be deferred to schedule a Workshop with the Tweed Water Alliance and to seek advice from the applicants regarding their capability to carry 50t versus 55t on their B-double configurations. Current Status: Workshop was held on 31 May 2018. Council is in the process of

assessing legal advice in relation to the size of the trucks to service the water extraction under the terms of the consent. Tweed Water Alliance has raised concerns that the Workshop of 31 May 2018 did not address this resolution and has requested another workshop be scheduled with Councillors. A further Workshop to be scheduled once a position on the legal advice is reached.

17 MAY 2018 ORDERS OF THE DAY 12 [NOM] Landscaping - South Tweed

235

Cr K Milne Cr C Cherry RESOLVED that Council undertakes low key landscaping improvements to Minjungbal Drive and brings forward a report on enhanced landscaping planning controls in the South Tweed locality.


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Current Status: An Inspection tour has been held on 3 July 2018 with agreement on landscaping works to be undertaken, primarily at the northern end of Minjungbal Drive which includes the removal of some of the Cocos Palms and the planting of various other trees to enhance the road amenity.

In terms of the Planning report, these policy investigations will form part of the Tweed DCP housekeeping review. As per the adopted Strategic Planning and Urban Design Work Program this is scheduled to be undertaken after July 2019.

—————————————

15 [NOM] Options for Improved Land Management

238

Cr K Milne Cr C Cherry RESOLVED that: 1. Council officers bring back a report on options for securing land that would be suitable

as offset stewardship sites under the Biodiversity Offset Scheme and how this could be funded and managed.

2. In the interim, the Mayor writes to the Local State Members for Lismore and Tweed

Heads seeking State consideration for the acquisition of sites that have high biodiversity values for the addition to the National Park Estate and provide examples of such to the State Member.

Current Status: Discussions have occurred at a regional level at both the General

Manager and Natural Resource Management Officer level to consider a regional approach to offsetting. Report was presented to the July Northern Rivers Joint Organisation (NRJO) General Managers' Group meeting where it was resolved that:

• NRJO identify a cost share arrangement for the estimated cost of

$41,500, to engage a fixed term staff person (or consultant) to be hosted at an NRJO council;

• This person completes a regional assessment of the needs of each council to adapt development assessment processes to meet the new legislation and report this assessment with recommendations for specific requirements.

• This person complete an assessment of the unavoidable biodiversity offset requirements likely to be generated from land already identified for development across the NRJO and report this assessment with recommendations for specific further requirements, including whether a second stage analysis of potentially available stewardship sites is required.


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At the NRJO meeting of 2 November 2018 it was resolved that a cross-sharing arrangement for proposed work be funded through the JO and the request for quotation be issued accordingly. Copies of the business paper and minutes are available at the website of the Joint Organisation. This work is essential to being able to identify lands suitable as offset sites as any such land needs to provide the correct type of credits for which there is a demand through proposed or potential impacts. Consultant was engaged in January 2019 through the NRJO to undertake the works.

—————————————

REPORTS FROM DIRECTOR ENGINEERING 24 [E-CM] B-Double Applications - Meeting held 19 April 2018

250

Cr C Cherry Cr K Milne RESOLVED that: 1. The Minutes of the B-Double Routes Agency Advisory Group meeting held 19 April 2018

be received and noted.

…

3. 19m B-Double (50t-55t) to Dulguigan Quarry - NHVR Consent Request Number 143550r1v1

The application (NHVR Consent Request Number 143550r1v1) for the use of a 19m B-Double up to 55t on Riverside Drive, Tumbulgum, Terranora Road, Dulguigan Road, North Tumbulgum, Dulguigan be deferred for feedback from NSW Police representative on the B-Double Routes Agency Advisory Group.

Current Status: Briefings provided by National Heavy Vehicle Regulator at the B-Double

Advisory Group Committee Meeting of 24 May 2018. Report planned for a future Council Meeting.


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21 JUNE 2018 REPORTS FROM THE DIRECTOR PLANNING AND REGULATION 11 [PR-CM] Preparing a Scenic Landscape Strategy with Community and

Stakeholders, Related Draft Council Policy and DCP Amendment

295

Cr J Owen Cr P Allsop RESOLVED that Council endorse: 1. The Draft Scenic Landscape Strategy be publicly exhibited for a period not less than 60

days during which community and stakeholder engagement is to be conducted to assist staff with the trial and testing of the Strategy;

2. The Scenic Landscape Policy is to be concurrently exhibited with the Strategy for a

period not less than 60 days; and, 3. The proposed amendment of Tweed Development Control Plan 2008 shall be publicly

exhibited so as to comply with Clause 18 of the Environmental Planning and Assessment Regulation 2000 but for a period not less than 60 days.

4. A further report be submitted to Council detailing the findings of the public exhibition and

engagement for these three policies and any amendments considered appropriate. Current Status: Following Council’s resolution of the Strategic Planning and Urban

Development Work Program this is now a priority 3 project and public exhibition expected to occur in early 2019.

19 JULY 2018 REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES 21 [CNR-CM] Jack Evans Boat Harbour Plan of Management Update

360

Cr C Cherry Cr K Milne RESOLVED that Council defers this item to the next Council meeting in order to receive clarification on the following: 1. Whether it is possible for Council to create a Plan of Management for the Jack Evans

Boat Harbour Precinct under the Crown Land Management Act given it is advised by staff it is not possible under the Local Government Act, due to Council not being the designated Crown Land Managers for all Reserves in this Precinct.


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2. If it is possible for Council to initiate the Plan of Management under the Crown Land Management Act (CLMA), then Council writes immediately to the Department of Industry - Crown Lands and requests their support in preparing a plan for the Jack Evans Boat Harbour Precinct under the CLMA.

3. The current status of Aboriginal Land Claim 24855 lodged by New South Wales

Aboriginal Land Council and provision of all the relevant information of the lands subject to the Land Claim.

Current Status: Council has forwarded a letter to the Department of Industry and Crown

Lands seeking clarification as per the resolution. No response has been received to date. A memo provided to Councillors in August 2018 proposing a way forward to develop the plan while concurrently waiting for the response. Sought consulting advice around community research and engagement methodology. A plan will now be developed in line with this advice to be distributed to the Councillors via memo. A consultation event at Jack Evans Boat Harbour on 27 October 2018 with over 200 people in attendance. Consultation on the Plan of Management closes on 30 November 2018. A further report will be brought back to Council following an analysis of the consultation feedback. A workshop is scheduled for 28 March 2019 to discuss results with Councillors

16 AUGUST 2018 ORDERS OF THE DAY 6 [NOM] Environmental Land Purchases

422

Cr K Milne Cr C Cherry RESOLVED that a report be brought forward on the potential for Council to purchase significant environmental areas for the purposes of appropriate rezoning and resale. Current Status: Preliminary analysis and scope to provide meaningful brief to Council

being undertaken. A list of suitable consultants to undertake brief being compiled to respond to Expressions of Interest. At the General Managers' Group meeting of the Northern Rivers Joint Organisation in December 2018, this item was discussed to determine an appetite for other member councils to participate in the project. The consensus was that no other member councils wished to participate as


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there was a general belief that land zoned for development could not be back zoned for a profit. Therefore Council staff are revising the scope of works for a study of one particular site and are seeking revised quotations for the works noting the original quote was in excess of $60,000 which is currently unfunded.

—————————————

7 [NOM] Natural Resource Management Budget

423

Cr K Milne Cr C Cherry RESOLVED that: 1. A report be brought forward on the impacts of increasing the proportion of funds

allocated in the Council budget for Natural Resource Management from 4% to 5% of total rates i.e. a 1% increase in next years’ budget, and

2. The Executive Leadership Team determines the most appropriate areas across a range

of departments to source the funds from to assist in reversing the decline of threatened species.

Current Status: Workshops have been held on 8 November 2018 and 10 December

2018. A further Workshop has been scheduled for Thursday 14 February 2019.

—————————————

8 [NOM] Proposed Workshop - Recycled Products and Council Business

424

Cr C Cherry Cr K Milne RESOLVED that staff hold a workshop with Councillors and bring forward a report on how more recycled products can be incorporated into Councils business potentially through: 1. Aligning processes with the ISO20400 Sustainable Procurement Standard 2017. 2. The incorporation of weighting criteria in the Procurement Policy and 3. Steps within the protocol to ensure that staff are making informed sustainable decisions 4. Training of staff to raise awareness of sustainable alternatives in alignment with the ISO

standard. Current Status: A workshop was held 11 October 2018 and a report being prepared for a

future Council meeting.


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A Sustainable Procurement Working Group has been formed comprising of key staff from across the organisation. This working group is working through the Notice of Motion and a report with proposed actions will be brought before Council in April 2019. To date the Working Group is seeing opportunities for: better reporting and promotion of existing Council initiatives; measuring Council’s performance against ISO20400 (noting its broader Environmental, Social and Financial focus); educating key staff involved in Council’s significant procurement actions; providing sustainable suppliers with opportunities to inform Council’s key staff; and better utilisation of existing approaches to sustainability from key industry bodies (e.g. Good Environmental Choice, ECO Labels, Infrastructure Sustainability Council of Australia (ISCA) Framework, Sunshine Coast Council’s sustainability benchmark data).

—————————————

REPORTS FROM DIRECTOR PLANNING AND REGULATION 15 [PR-CM] Affordable Housing Context and Options Paper

419

Cr K Milne Cr R Cooper RESOLVED that Council: ….. 6. A further report be brought back to Council following the exhibition of the draft policy

statement. Current Status: The Strategic Planning and Urban Design work program was

determined at the October Planning Committee meeting. Exhibition likely to be undertaken in mid 2019.

—————————————

REPORTS FROM DIRECTOR COMMUNITY AND NATURAL RESOURCES 20 [CNR-CM] Review of Dog Areas in Public Open Space - Updated Report

409

Cr K Milne Cr C Cherry RESOLVED that this item be deferred for a workshop with staff to provide further information on: 1. Records of people impacted by dog attacks;


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2. Records of wildlife impacted; 3. Areas where threatened species occur; and 4. Options for alternative management strategies. Current Status: A Workshop was held on 27 September 2018.

A report was prepared by Bird Life Australia to review draft off-leash dog policy which was presented at the workshop held on 22 November 2018. Councillors requested that further information be provided on the details of a proposed community education program prior to the advancement of a draft policy for public exhibition. There will be a public education campaign during January and February to raise awareness of the current rules about dogs on beaches.

20 SEPTEMBER 2018 REPORTS FROM THE DIRECTOR PLANNING AND REGULATION 11 [PR-CM] Air Traffic Pollution

466

Cr K Milne Cr C Cherry RESOLVED that Council: …. 4. Provides a report on the cost of establishing monitoring if the above agencies advise

they cannot provide monitoring in a timely or appropriate fashion. Current Status: Currently implementing Council resolution of 20 September 2018

meeting. A report being prepared for a future Council meeting.


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15 NOVEMBER 2018 ORDERS OF THE DAY 8 [NOM-Cr K Milne] Rail Trail - Meeting with Adjacent Land Owners

575

Cr K Milne Cr C Cherry RESOLVED that Council invites the landowners adjacent to the proposed rail trail to a Workshop to advise of the latest progress on the project and to hear their concerns. Current Status: Workshops to be scheduled.

————————————— REPORTS FROM THE DIRECTOR PLANNING AND REGULATION IN COMMITTEE

C1 [PR-CM-CON] Works at Lot 136 DP 755724 Boormans Road, Limpinwood REASON FOR CONFIDENTIALITY:

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 87

That: 1. Council defers this item to seek the following further investigations and provide updated

advice including on: a) the North East Forest Alliance Audit report, b) previous complaints to Council from the neighbours in the immediate vicinity, c) further investigation of the recent activities in question and the history of logging on

the property including: i) interviews with the neighbouring complainants, ii) more detailed historical aerial imagery if available, iii) other relevant documents that may practically assist in establishing the extent of

historical logging on the property, such as tax and transaction records of the parties involved including the transport and receiving parties.

iv) other relevant documents that may practically assist in establishing the extent of the recent level of logging activity in question on the property, such as tax and transaction records of the parties involved including the transport and receiving parties.


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2. A further report be brought back to Council once these additional investigations and advice have been completed.

Current Status: Investigations are being undertaken through Council's solicitors and a

further report will be submitted to Council when information has been compiled. A Council workshop is scheduled with relevant legal advisers to be held on 13 February 2019. Following this workshop a report is to be prepared for a future Council meeting.

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REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES IN COMMITTEE

C2 [CNR-CM] Management of Chronic Acid Sulfate Soil Pollution, Christies Creek REASON FOR CONFIDENTIALITY:

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: - (a) personnel matters concerning particular individuals (other than councillors).

C 88

That Council: 1. Supports the General Manager writing to Sunshine Sugar to express Council's concerns

about the impact the current drain water quality is having on the environment of Christies and Cudgera Creeks and the amenity of Hastings Point, and request that Sunshine Sugar work cooperatively with Council and other stakeholders to resolve the Acid Sulfate Soil and water quality problem.

2. Supports the General Manager writing to the Minister for Environment and Minister for

Primary Industries to seek NSW Government advice and assistance to resolve the Acid Sulfate Soil and water quality problem.

3. Seeks legal advice regarding Council’s and NSW Government options to take action

under the Protection of the Environment Operations Act and other relevant legislation, in relation to the pumping and discharge of contaminated water into Christies Creek.

4. Engages specialist expertise to report on the consequences of all available remediation

options for the subject site including the effects of implementing an alternative land management/use approach.

5. Engages specialist expertise to report on the ecological health of Christies Creek,

focusing on investigations that will determine if the creek's biota has been affected by water quality problems in the catchment.


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Current Status: Points 1 and 2 to be progressed in January. Legal advice is being sought. Scope of work is being prepared for specialist experts in relation to points 4 and 5.

Legal advice has been received and is currently being analysed. A report will be prepared for the Council Meeting on 21 March 2019.

12 DECEMBER 2018 ORDERS OF THE DAY 7 [NOM-Cr K Milne] Greening the Shire

642

Cr K Milne Cr C Cherry RESOLVED that Council: 1. Schedules a Workshop on a program to green our public places and streets with trees

that will provide shade and full canopy cover wherever possible. 2. Further investigates amending Development Code A5 to ensure sufficient space is

provided for road and street verges to provide for large and significant trees to provide for shade and full canopy cover wherever possible and schedules a Council Workshop.

Current Status: Internal workshops have been scheduled in preparation of Council

workshop on 14 March 2019. A grant application is being prepared for funding under the Local Government Climate Change Adaptation Program.

—————————————

REPORTS FROM EXECUTIVE MANAGER FINANCE, REVENUE AND INFORMATION TECHNOLOGY 26 [FRIT-CM] NSW Government Parking Fine Concessions

662

Cr K Milne Cr C Cherry RESOLVED that a further report be presented to Council at its 21 March 2018 meeting providing a full analysis on the regulatory, community, operational and financial impacts of opting into the NSW Parking Fines Concessions arrangement.


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Current Status: Report to be prepared for 21 March 2019 Council Meeting.


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MAYORAL MINUTE

6 [MM-CM] Mayoral Minute for December 2018 and January 2019 SUBMITTED BY: Cr K Milne, Mayor

mhm



2.2 Engagement


ROLE: Leader

SUMMARY OF REPORT:

The Mayoral Minute report provides information on activities undertaken by the Mayor and Councillors during the months of December 2018 and January 2019. RECOMMENDATION:

That: 1. The Mayoral Minute for the months of December 2018 and January 2019 be

received and noted. 2. The attendance of Councillors at nominated Conferences be authorised.



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REPORT:

Councillors

COMMITTEE MEETINGS Attended by the Mayor 12 December Tweed Coast and Waterways Committee – Murwillumbah Civic Centre,

10 Tumbulgum Road, Murwillumbah.

————————————— INVITATIONS / MAYORAL REPRESENTATION: Attended by the Mayor 7 December Northern Rivers Joint Organisation Executive Officer Interviews –

Ballina Shire Council, 40 Cherry Street, Ballina.

10 December Office of Chief Scientist and Engineer and University of Queensland Hydrologist Review Of Bottled Water in Northern Rivers – Murwillumbah Golf Club, 233 Byangum Road, Murwillumbah. Cr Owen also attended.

Attended by other Councillor(s) on behalf of the Mayor 2 December Kingscliff Triathlon – Cudgen Creek Boat Ramp, Marine Parade,

Kingscliff. Cr Cherry attended.

3 December Access and Inclusion Awards – Seagulls Club, Gollan Drive, Tweed Heads West. Crs Cherry, Owen and Polglase attended.

12 December Planning Institute of Australia Award Presentation – Minjungbal Museum and Cultural Centre, Duffy Street, Tweed Heads. Crs Cherry and Cooper attended.

13 December Murwillumbah High School Awards Presentation – Murwillumbah High School, 86 Riverview Street Murwillumbah. Cr Cherry attended.

17 December Banora Point High School Awards Presentation – Banora Point High School, 2 Eucalyptus Drive, Banora Point. Cr Cherry attended.

17 December Wollumbin High School Awards Presentation – Wollumbin High School, North Arm Road, Murwillumbah. Cr Cherry attended.

Inability to Attend by or on behalf of the Mayor 7 December Quota International Tweed Heads/Coolangatta Touch of Christmas

Event – Tweed Heads Administration Office, Brett Street, Tweed Heads. Event clashed with Councillors Christmas Party.

13 December Tweed Heads South Public School Awards Presentation – Tweed Heads South Public School, 10 Heffron Street, Tweed Heads South. All Councillors invited, none were available to attend.


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14 December Uki Public School Awards Presentation – Uki Public School, 1463 Kyogle Road, Uki. Mayor and Deputy Mayor unavailable and invitation received at very late notice.

————————————— REQUESTS FOR WORKSHOPS: Councillors did not request any additional workshops during December 2018 and January 2019. ————————————— CONFERENCES: Conferences attended by the Mayor and/or Councillors Councillors did not attend any conferences during December 2018 and January 2019.

Information on Conferences to be held 12-14 March Cities and Regions 4.0 Summit – Crown Hotel, Melbourne VIC

As we enter the digital age, ‘smart cities’ provide a glimpse of the future, but a big gap between the hype and the reality remains. Key themes: 1) Community Engagement – policy, funding, commerce, inclusion, governance. 2) Digital Transformation – data, AI, sensors, ioT, cyber security, privacy, blockchain. 3) Urban Operations – public safety, planning, sustainability. 4) Urban Infrastructure – networks, 5G, utilities, energy, grid, lighting, water and waste. 5) Smart Mobility – transportation, autonomous, public transit, ride share.

Standard registration $3295, two flights, two to three night’s accommodation. www.cities4pointzero.com.au

4-6 April ALGWA NSW Annual Conference – Liverpool NSW

Liverpool City Council is proud to be the host city for the 2019 Australian Local Government Women’s Association NSW Branch Annual Conference. The Association supports and promotes women in local government through advocacy, advice and action. The Annual Conference is an opportunity to come together and engage in learning and networking that will assist in personal and professional development. There will be engaging speakers, workshops, social events, wellness activities and networking dinners that will encourage and inspire women to make their mark, not only on the industry, but all aspects of their lives.

Registration $1080 members, $1190 non-members. Membership $80. Two flights, two to three night’s accommodation, transfers. www.liverpool.nsw.gov.au/council/algwa-2019

http://www.cities4pointzero.com.au/http://www.liverpool.nsw.gov.au/council/algwa-2019


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11-12 April Local Government Summit 2019 – Novotel Darling Harbour, Sydney NSW

Everyday across Australia, councils make decisions which will shape the future of this country. Communities of great diversity depend on their elected representatives’ ability to be agile in their operations and forward-thinking in their strategy. Local Government should be a cradle for innovation. It needs to evolve as quickly as the communities they serve. Conference themes include: Leadership in Local Government, Reimagining Local Government, Cultivating a dynamic workforce, Business improvement and customer service, Place-making and tourism, Building local infrastructure and transport connections.

Early bird registration $1495 (by 12 March), Standard $1995. Two flights, two night’s accommodation. www.lgsummit.com

15-17 May Planning Institute of Australia Congress – Gold Coast Convention Centre, Broadbeach QLD

Beginning with the National Awards for Planning Excellence and extending over the next two days, this congress will feature leading national and international experts and practitioners discussing how we, as a nation, respond to the challenges for the planning profession and the broader community in our major cities through to our regional centres. You will hear about technical development, policy development and personal development. This congress will have a specific focus on current planning issues affecting the Tweed Shire area. As Tweed Shire Council is a Gold Level Sponsor, we receive four full registrations. The General Manager and Director Planning and Regulation are attending, with the other two registrations being offered to Councillors.

Registration free, one to two night’s accommodation. http://piacongress19.com.au/

16-19 June National General Assembly – National Convention Centre, Canberra ACT

The theme for this year’s NGA – Australia’s future: make it local – reflects not just the wide scope and importance of Local Government, but its ability to influence and affect fundamental change and improvement at the community level. A significant number of motions will be put to the Assembly, generating lively, vigorous and constructive debate. With the introduction of keypad voting machines, there will be more time available for ideas, discussion, persuasion and consensus.

Early bird registration $1234 (by 11 May), Standard $1344, includes Regional Development Forum. Networking Dinner $110, NGA Dinner $140. Two flights, four to five night’s accommodation. www.conferenceco.com.au/ALGA_NGA/index

19-21 June 3rd Australasian Indigenous Family Violence Policing Conference – Cairns Convention Centre, Cairns QLD

This conference will bring together policing, government and community representatives from Australia and the Pacific. This conference is an

http://www.lgsummit.com/http://piacongress19.com.au/http://www.conferenceco.com.au/ALGA_NGA/index


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opportunity to progress and improve responses to Indigenous family violence through information sharing and professional networking. We welcome you as we work together to engage community elders, leaders, health professionals and police to seek solutions for our Indigenous families.

Registration $495, two flights, three to four night’s accommodation, transfers. www.afvpconference.org

7-10 July Asia Pacific Cities Summit and Mayor’s Forum – Convention and Exhibition Centre, Brisbane QLD

With a focus on driving cities through business and innovation, the 2019 APCS will again be a key platform for city, business, industry and emerging leaders to connect and shape the region’s urban agenda. We offer world class speakers, an inspiring and topical program, a dedicated business introductions program and an array of networking opportunities. The Summit will continue to build on its success as one of the region’s leading forums, and a key platform for driving innovation, city partnerships and economic growth in Brisbane, Australia and the Asia Pacific region.

Early bird registration Mayor/Deputy Mayor $1250, Others $1450 (by 31 May), Standard registration Mayor/Deputy Mayor $1450, Others $1750 (by 23 June). Three to four night’s accommodation, transfers. www.apcsummit.org

————————————— SIGNING OF DOCUMENTS BY THE MAYOR: 6 December Deed Of Agreement – Leda Holdings Pty Ltd regarding environmental

protection land at Cobaki development site.

13 December Tweed Coast Holiday Parks Reserve Trust – Consolidated Financial Statements year ended 30 June 2018.

18 January Road Closure – Wabba Road, Burringbar.

————————————— COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. b. Budget/Long Term Financial Plan: Appropriate expenditure is allowed for attendance by Councillors at nominated conferences, training sessions and workshops. c. Legal: Not applicable.

http://www.afvpconference.org/http://www.apcsummit.org/


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d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


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RECEIPT OF PETITIONS

7 [ROP-CM] Receipt of Petitions at 21 February 2019 SUBMITTED BY: Corporate Governance



2.2 Engagement

2.2.4 Councillors and Civic Business - To make informed decisions in the best interest of the community.

ROLE: Collaborator

SUMMARY OF REPORT:

Under Section 1.5.4 Receipt of Petitions in the Code of Meeting Practice:

Petitions received by Councillors or forwarded to the (Acting) General Manager will be tabled as per the Order of Business, Item 11, Receipt of Petitions. Unless Council determines to consider it in conjunction with a report already listed on the agenda, no motion (other than a motion to receive the same) may be made on any petition until the next Ordinary Meeting after that at which it has been presented.

RECOMMENDATION:

That the following tabled Petition(s) be received and noted: • Petition received on 21 December 2018 from the Twin Towns Radio Yacht Club Inc.

containing 48 signatories advising as follows:

"Twin Towns Radio Yacht Club Inc. (TTRYC) and Tweed Valley Wildlife Carers (TVWC) are currently investigating the possibility of constructing a storage facility to be used for storage of both TVWC and TTRYC rescue boat and equipment. It is proposed that the rescue boat storage facility be located on the attached site survey map within Hec Beswick Park, Banora Point. Being Lot 117 DP 874201 so as to provide easy access to the pontoon on Lake Kimberley.



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This facility would provide much needed central storage space for TVWC as equipment is currently stored at many locations around the Tweed Shire. TTRYC would also benefit as the rescue boat and equipment is currently stored on a temporary arrangement at a private residence on the opposite side of the roadway from Lake Kimberley. Boat and trailer and equipment used by the TTRYC members currently has to cross busy Winders Place roadway each Monday to access Lake Kimberly. A storage facility in Hec Beswick Park would help alleviate a safety concern. The proposed storage shed would be approximately 5.0m x 4.0m and constructed of brick walls and concrete floor, metal roof and a single roller door. Consideration would be taken to positioning on site with relation to Council Utilities-Working in Proximity Policy. With regard to any underground services lines and easements. Consideration would also be taken to positioning the shed among shrubs and low trees and sited near the rear boundary line of the park so as to have minimal visual impact to neighbours. The erection of a permanent storage facility closer to the lake well enable access for lake rescues to be quicker and easier. No trees or vegetation would need to be removed during construction.”

• Petition received on 30 January 2019 from the Care2 containing 61 signatories

advising as follows:

"We the undersigned residents, do not want a cell tower emitting microwaves 24/7 near our homes and schools. We respect Tweed Shire councillors to rescind their approval of the above on 25th October, 2018 and reject this facility for the following reasons: 1. Based upon historical trends the tower will adversely affect the value and saleability

of nearby properties. 2. Significant loss of scenic amenity. 3. ARPANSA standards are outdated, incomplete and based on thermal, not non-

thermal effects. It ignores official bodies worldwide. 4. Over 6,000 independent studies show harmful effects of RFR including cancer and

neurological disease. 5. The Australian Bureau of Statistics shows brain tumours as the #1 disease killing

children and most common cancer in adults


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• Petitions received on 5 and 6 February 2019 from 'STOP BYANGUM Road TOWER of Death - Community Health Petition" containing 125 signatories combined advising as follows:

" 'We the People' Say NO to anymore NB or any Telco Companies Erecting Wireless, WiFi & Cell phone Towers. MAKE MURWILLUMBAH FREE from WiFi Especially 5G & Protect ALL Life. NBN Co has put out PROPAGANDA; Lying to the Public. There are NO Safe levels of WiFi - Wireless Microwaves. NBN is Wireless 2.3-4 Gigahertz = Radio Frequency MICROWAVES.24/7 all EMR has an Accumulative effect on our Health. Eldron Byrd; Scientist for Naval Surface Weapon Centre back in 1986 lecture on the effects of low level microwaves (such as NBN Wireless) stated "… we can alter the Behaviour of cells, tissue … cause up to six times higher foetus mortality & birth defects. NBN Towers "DEPOPULATION & Mind Control Devices" UHG=NBN Wireless causes CANCER & other health issues. Brain cancer is the largest killer of Australian children. DESTROYS the DNA causing STERILITY of whole Family lineage destroyed in 3 Generations and IMPACT can already be seen 60% decrease in Male fertility. Councillors, Australian Government, NBN Co & private land owners being paid to have these Towers erected should ALL be charged with TREASON. Wilful ignorance, Dereliction of Duty of Care to the Community & Nature. A class action law suit pending. Universal Law DO NO HARM. Microwaves are an ASSAULT. We just need to UPGRADE our Copper wire phone lines for ADSL & Fibre OPTICS where possible. MOST OF Europe has banned Wireless/WiFi in Schools & other Public areas where children & pregnant Mothers frequent. NO BEES, NO FOOD, NO FUTURE. Be the Change we NEED in this World. KNOWLEDGE is POWER. Educate Yourself, Family & Friends"


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REPORT:

As per Summary Below is the attached plan referred to in the petition from the Twin Towns Yacht Club Inc.


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OPTIONS: That in accordance with Section 1.5.4 of the Code of Meeting Practice: 1. The tabled Petition(s) be considered in conjunction with an Item on the Agenda. 2. The tabled Petition(s) be received and noted. CONCLUSION: Any Petition tabled should be considered under Section 1.5.4 of the Code of Meeting Practice. COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. b. Budget/Long Term Financial Plan: Not Applicable. c. Legal: Not Applicable. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


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ORDERS OF THE DAY


2 Making decisions with you 2.2 Engagement 2.2.4 Councillor and Civic Business - To provide assistance to Councillors and support for Council to operate within its legal framework.

ROLE: Leader

8 [NOM-Cr K Milne] Fix Pension Poverty NOTICE OF MOTION: Councillor K Milne moves that Council: 1. Supports the Benevolent Society’s Fix Pension Poverty Campaign. 2. Requests the local Federal Members raise this matter at Parliament. 3. Requests the Federal Government support the objectives of the Fix Pension

Poverty campaign. Councillor's Background Notes Recommended Priority:

Fix Pension Poverty is a multi-faceted campaign developed by The Benevolent Society to progress the policy recommendations of the Adequacy of the Age Pension report. The solutions include: • Basing decisions on the rate of the age pension on evidence, adequacy and need,

not party politics • Providing free dentistry for people receiving the Age Pension • Increasing Rental Assistance by 30% for couples, 50% for singles, and indexing to

rental increases • Introducing a new broadband rebate to keep people connected to essential

services. Description of Project:

Nil.



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Management Comments: Delivery Program: mhm


3 People, places and moving around

3.1 People

3.1.2 Community and Cultural Development - To provide community and cultural development services to foster and improve social and

cultural well-being.

ROLE: Leader

Budget/Long Term Financial Plan:

Council received pensioner rate subsidies from the State government in 2017/18 of $1,885,000. Any reduction in State Government funding policy for pension rate subsidies would have a negative effect on Council's budget.

Legal Implications:

Rates Concessions for Pensioners is provided under Section 575 of the NSW Local Government Act.

Policy Implications:

The raising of this matter is timely given the election environment and the respective parties' positions on finance, taxation and welfare.

People, places and moving around Who we are and how we live


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REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM THE GENERAL MANAGER

9 [GM-CM] Murwillumbah Airfield - New Landing Fees SUBMITTED BY: Economic Development

mhm



3.3 Moving around

3.3.1 Airfield - To provide a public access general aviation airstrip that encourages aviation businesses, recreational users and tourism.

ROLE: Provider

SUMMARY OF REPORT:

At its meeting held on 20 September 2018 Council resolved to publically exhibit a proposed landing fee for the Murwillumbah Airfield. The proposed fee was publically exhibited for 28 days with submissions being received for 42 days. Nine public submissions were received during this period. Also a public meeting was held to encourage users to make submissions. This report recommends that Council introduce the new landing and access fees and that they be included in the 2019/20 Fees and Charges to commence from 1 July 2019. RECOMMENDATION:

That Council: 1. Includes two new fees, Airfield Landing Fee of $12 (ex GST) / hour and an Annual

Airfield Access Fee of $350 (ex GST) / annum, in the 2019/20 Fees and Charges. 2. An exemption from the fee be provided to aircraft owned by lessees or sub-

lessees, users who pay an alternative off site Airfield Access Fee and any emergency services aircraft.



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REPORT:

Public Exhibition At its meeting held on 20 September 2018 Council resolved to publically exhibit a proposed landing fee at Murwillumbah Airfield in accordance with Part 10 the Local Government Act. This Part of the Act contains the following provision:

"610F Public notice of fees (1) A council must not determine the amount of a fee until it has given public notice of

the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice.

(2) Public notice of the amount of a proposed fee must be given (in accordance with

section 405) in the draft operational plan for the year in which the fee is to be made." The proposed fee was advertised as a $12 per landing (ex GST) landing fee at the Murwillumbah Bob Whittle Airfield. It was also identified that a fee exemption would be made for nominated aircraft associated with Airfield lessees, users who pay an alternative off site Airfield access fee and any emergency services aircraft. This notice was put on public exhibition from 18 October 2018 for 28 days with submissions being received for 42 days up until 29 November 2018. The public notice was advertised in the Tweed Link, Council’s web page, ‘Your Say Tweed’ as well as social media. Additionally the notice was directly mailed to all lessees and emailed to a distribution list of registered Airfield users. Members of the public were invited to make submissions through post, email, ‘Your Say Tweed’ as well as social media. Public Information Session On 1 November 2018 a public information session was held at the Bob Whittle Murwillumbah Airfield. This session was well attended with over 25 people in attendance. Public Submissions During the public exhibition period nine submissions were received. Below is a summary of the issues raised in these submissions. The names of the submitters have been redacted in accordance with Council’s privacy policy.

Submission Response 1. Airfield Users /

Ratepayer More expensive than Lismore landing fee. Already spend money locally due to Airfield. No lease space available at Airfield to increase airfield income and cover maintenance costs.

2. Airfield Users Support of new fee. Exemption should include aircraft associated with leases. Non-resident commercial users should pay fees.

3. Commercial User / External Pilot Training School

Supportive of user pays system. Preference to set up a set annual fee per aircraft. (eg. $250 / aircraft). Other light aviation airports with more facilities (lighting, night operations, paved) charge between $14 to $23 / landing. Also a set day parking fee for aircraft utilising the services of some of the lessee business on site.


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Submission Response 4. Local Commercial

User Supports fee. Some commercial operators use Airfield without paying. Option to charge $12 per 2 hour. Remove disincentive for pilots to broadcast landing and avoid fee and increase safety. A per landing fee encourages avoiding the fee and promoting unsafe landings.

5. Airfield User / Ratepayer

$12 / landing is expensive. Lismore is $10.40 / landing and resident Aircraft have an annual fee. Carded Fuel sales, lights, AWIS, bituminised taxi and run-way, weather service and leases available. Ultra lights, para-gliders, micro-lite aircraft will not have to pay landing fees as they are not required to broadcast landings.

6. Commercial User / Aviation Charter

$12 / landing is unreasonable. Consider a ‘per day’ landing fee as is standard practice in other airports.

7. Local Airfield User Agree with the user pays concept. Prefer $5 / landing and a fixed annual fee $35 / year.

8. Local Airfield User Safety concerns with some users attempting to avoid cost by not broadcasting their proposed landing. $12/landing is too high compared to other all-weather airports eg. Lismore. Consider a negotiated flat rate. Costs should be cross subsidised from Council rate base as it is a community asset.

9. Executive Archerfield Airport Chamber of Commerce

User of local aircraft servicing business. Safety risk of pilots not broadcasting landing to avoid fee.

Discussion The proposed landing fee which was exhibited was set at $12 per landing. Numerous submissions identified the fee as very high in comparison to towns of similar size to Murwillumbah. One particular example was Lismore, which charges a landing fee of $10.40 per landing. Alternative methods of charging a user fee were proposed which include a fee charged for a period of use (eg. $12 / hour) or an annual user fee for individual aircraft. An annual fee may be a more attractive option for regular users who would otherwise be issued a monthly invoice. It is also considered that an annual access fee which would exempt aircraft from being charged landing fees has merit. This would offer a method of capturing regular commercial users, such as flight schools, who are currently not required to pay a fee. Several submissions raised the point that comparative sized towns to Murwillumbah offer more facilities at their airports compared to what is offered at Murwillumbah. This includes a sealed runway, lighting allowing night operations, improved security, a weather service and carded fuel sales. Numerous points were raised in relation to air safety from aircraft that do not broadcast their landing to avoid paying a fee. In some instances certain aircraft are not required to carry a radio and therefore may avoid this method of capturing aircraft movements at the Airfield. Discussions will be undertaken with the agency who will monitor and collect the fees on Council’s behalf to review the best options for capturing these landings. If the matter is a failure to broadcast to avoid a fee, then pilots who are aware of other aircraft undertaking this


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practice, will be encouraged to report any unsafe aeronautical practices to Air Services Australia. Given the issues raised above it is considered that a landing fee of $12 per landing is high and should be revised. Given the submissions received it is considered more appropriate to charge an hourly use fee as opposed to a per landing fee. Revised Fee Structure Given the discussion above a revised land fee structure is proposed below; • Airfield Landing Fee: $12 (ex GST) / hour • Annual Airfield Access Fee: $350 (ex GST) / annum

(Fee exemption for aircraft owned by lessees or sub-lessees, users who pay an alternative off site Airfield access fee and any emergency services aircraft)

OPTIONS: There are two options available; 1. Council can adopt the new airfield landing and access fees for the Murwillumbah Airfield

into the current Fees and Charges in accordance with the Local Government Act, or 2. Council does not continue to pursue any landing and access fees at the Murwillumbah

Airfield. CONCLUSION: This report recommends that Council introduce the new landing and access fees in the 2019/20 Fees and Charges. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: This report recommends the introduction of a new landing fee at Murwillumbah Airfield. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


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10 [GM-CM] Commercial Use of Murwillumbah Airfield - Sky Diving Operations SUBMITTED BY: Economic Development

mhm



3.3 Moving around

3.3.1 Airfield - To provide a public access general aviation airstrip that encourages aviation businesses, recreational users and tourism.

ROLE: Provider

SUMMARY OF REPORT:

Late last year a commercial skydiving operation based at the Gold Coast Airport approached Council seeking approval to use Murwillumbah Airfield as an alternative base to run their operations. Consultation with the existing users and lessees has identified serious concerns with their proposal. This report recommends that Council not endorse the commercial skydiving operations at the Airfield and also recommends that Council resolve to discourage ongoing skydiving operations from the Airfield due to an incompatibility with existing operations. RECOMMENDATION:

That Council; 1. Advises Learn to Skydive that it does not endorse the use of the Murwillumbah

Airfield for any ongoing skydive operations. 2. Notes in the “Murwillumbah Airfield Pilots Notes” and on its web page that

“ongoing skydive operations will not be endorsed at Murwillumbah Airfield due to the incompatibility with current Airfield operations”.

3. Forwards any submissions received in relation to the air safety of the parachute

drop zone located at the Murwillumbah Racecourse to Air Services Australia.



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REPORT:

Proposal Late last year a commercial skydiving operation, Learn to Sky Dive, based at the Gold Coast Airport approached Council seeking approval to use the Murwillumbah Airfield as an alternative base to run their operations. Consultation with the existing users and lessees has identified serious concerns with their proposal. The proposal would be for their aircraft to commence daily operations at Gold Coast Airport by loading parachutists and drop them over the drop zone located at the Murwillumbah Racecourse before landing at Murwillumbah Airfield. The plane would then reload with fresh parachutists, refuel and drop again. Continuing this pattern until the last load of the day which would then return to the Gold Coast Airport. Fresh parachutists would be brought into Murwillumbah Airfield on a mini-bus for each circuit. There would be up to five loads a day with five parachutists per load. After dropping the final parachutists off over the racecourse, the plane will descend back into Coolangatta. The pickup vehicle would then transfer the dropped parachutists back to the Gold Coast Airport. Operations will be restricted to 9.00am to 6.00pm, seven days a week. There is no proposal to park or hangar the aircraft at Murwillumbah Airfield overnight. Drop Zone In June 2017 a Letter of Agreement was entered into by Air Services Australia which established a set of protocols and procedures for Parachuting Operations at Gold Coast Airport and Murwillumbah. Air Services Australia are the principle authority for all airspace and safe aircraft operations in Australia. Specifically this agreement establishes a parachute drop zone within the middle of the race track at 28.305S 1534088E, refer Figure 1.

Figure 1: Murwillumbah Airfield and Racecourse Drop Zone. Learn to Skydive have also entered into a commercial arrangement with the Tweed Valley Jockey Club to use the Racecourse as a drop zone.


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On their initial approach to Council in 2017, Learn to Skydive presented all necessary approvals to operate their skydive operations within the air, however it was identified to them that they did not have a development approval for their ground operations at the Racecourse. Development Approval Learn to Skydive submitted a development application for their operations at the Racecourse. This was approved (DA18/0492) on 30 August 2018. This approval, along with the approval from Air Services Australia, allows them to operate a drop zone at the Racecourse. It does not include any operations at the Gold Coast Airport or Murwillumbah Airfield. The approval restricts the operations to five loads a day with five parachutists per load with operations being restricted between 9.00am to 6.00pm, seven days a week. The proposed operations at the Murwillumbah Airfield would be within the current approvals and zoning for the operations at the Airfield. If Council resolves not to allow the skydive operations to operate from the Murwillumbah Airfield there is nothing in the current approvals between Air Services Australia and the development approval to prevent them from using the Racecourse as the drop zone and to continue to operate out of Gold Coast Airport or some other airport. Consultation As part of the ongoing liaison with the airfield community, an informal consultation was undertaken to poll their general sentiment of the sky dive proposal. The proposal was presented to users, lessees and the Murwillumbah Aero Club in a public meeting session on 1 November 2018. A considerable amount of concern was raised at this meeting. It was advised that any concerns should be forwarded to Council in written correspondence. As a result there were seven submissions. These are summarised below. In accordance with Council’s policies the submitters names have been supressed.

Submitter Issues Raised

Commercial Aeronautical Business Operator / Airfield Lessee

Air safety concerns. No consultation with Airfield users. Concerns for trainees pilots using the Airfield. Interference with other commercial operations at the Airfield. Risks posed by parachutists and other non-radio aircraft who can legally use the Airfield. Other issues: Limited public toilet facilities and public car parking. Excessive wear on runway, increase aircraft noise associated with aircraft climbing to drop altitude.

Commercial Aeronautical Business Operator / Airfield Lessee

Aircraft operations and parachutists are incompatible uses. Wear on the Airfield. Drop zone is very close to the Airfield circuit (aircraft operating airspace surrounding the Airfield). Introduction of tandem skydiving increases users, jumpers etc. No facilities for passengers / jumpers.

Airfield User Safety: Passengers / parachutists uncontrolled access to air side. Security: Airfield used by non-radio equipped aircraft. No facilities for set up, waiting, busses etc. Maintenance: Increased wear on Airfield due to heavier aircraft and increased movements


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Submitter Issues Raised

Airfield User / Aero Club Executive Drop Zone area would interfere with the Airfield circuit posing a serious safety risk. Passengers / parachutists intrude into air side. Not enough parking. Excessive uses will increase wear.

Airfield User / Aero Club Executive Drop Zone area would interfere with the Airfield circuit posing a serious safety risk. Passengers / parachutists intrude into air side. Not enough parking. Excessive uses will increase wear.

Commercial Aeronautical Business Operator / Airfield User

Airfield used by non-radio equipped aircraft. Drop zone is very close to the Airfield circuit.

Executive Archerfield Airport Chamber of Commerce

Drop zone is very close to the Airfield circuit. Airfield used by non-radio equipped aircraft. Interference with the aircraft using Airfield, delays and diverts. Interference with controlled airspace (above 2,000ft).

Users Concerns The submissions can be considered in two categories. Those that specifically relate to the immediate ground operations of the Murwillumbah Airfield and those that relate to air safety resulting from the approved drop zone at the Racecourse. Ground Operations The concerns that have been raised in relation to the lack of facilities including car parking, public toilets as well as pedestrian access safety authorised are valid, there is a bigger issue underlying these concerns and that is the incompatibility of the Airfield uses. Over the years there have been several approaches by sky diving operations to use Murwillumbah Airfield. These approaches have always been refused on the grounds that skydiving represents an incompatible use at the Airfield. Murwillumbah Airfield hosts private hangars, recreational users, commercial operations including several aircraft servicing businesses and an aerial spraying operation. These users have expressed a clear concern that ongoing sky dive operations at the Airfield would pose a real risk of incompatible uses. Furthermore there are commercial skydive operations already operating out of Gold Coast Airport and Tyagarah Airfield near Byron Bay. Air Safety A particular concern across most submissions is the proximity of the drop zone to the circuit of the Murwillumbah Airfield. Numerous experienced pilots have made submissions to the effect that this represents a very clear and present risk and demonstrated the incompatibility that skydiving operations from Murwillumbah Airfield represents to the existing users. A further valid point is that there are some users that fly non General Aviation aircraft at Murwillumbah Airfield. These include sports aircraft, gryocoptors, paragliders etc. These are specific types of recreational aircraft that are not required to operate radios to broadcast their position and intended actions. Aeronautical safety is not an area of expertise within Council. The role of the Economic Development Unit is as owner and operator of the Airfield. As previously discussed Air Services Australia are the principal authority for the safe operations of aircraft within the skies above Australia. This is an area mandated through the Airports Act which is federal legislation. Local councils have no input or concern in relation to the operations of this Act.


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Given that Council lacks any expertise to determine if any claims that these operations will impinge on the safe operations of aircraft within the air space surrounding the Murwillumbah Airfield this matter should be referred to Air Services Australia. Therefore this report recommends that all submissions made to Council in relation to the air safety of relating to the drop zone located at the Murwillumbah Racecourse be referred to Air Services Australia. OPTIONS: Council has two options available; 1. That Council grants Learn to Skydive the right to use the Murwillumbah Airfield as a

turnaround point to load skydivers, 2. That Council advise Learn to Skydive that it does not endorse the Murwillumbah Airfield

for any ongoing skydive operations. CONCLUSION: This report recommends that Council not endorse the use of Murwillumbah Airfield for ongoing commercial skydiving operations due to an incompatibility with existing operations. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: Not Applicable c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


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11 [GM-CM] The Tweed Tourism Co. - Quarterly Report - October to December 2018

SUBMITTED BY: Economic Development

mhm



3.1 People

3.1.12 Tourism - to market the Tweed as a tourism destination.

ROLE: Provider

SUMMARY OF REPORT:

As required by the current funding and performance agreement with The Tweed Tourism Company, a quarterly performance report and summary financial statement are to be provided for Council’s review. This report provides The Tweed Tourism’s quarterly reports for the October to December 2018 quarter. The Tweed Tourism Company’s quarterly invoice was received in December 2018 and approved for payment by Council in advance of the quarterly report which is presented here. The reason for this early payment was that Council did not meet in January 2019 therefore this would have caused the first quarterly payment to be late. RECOMMENDATION:

That: 1. Council receives and notes The Tweed Tourism Company's quarterly report for

the October to December 2018 quarter. 2. ATTACHMENT 2 is CONFIDENTIAL in accordance with Section 10A(2) of the Local

Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a person

with whom the council is conducting (or proposes to conduct) business.



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REPORT:

As required by the current funding and performance agreement with The Tweed Tourism Company, a quarterly performance report and summary financial statement are to be provided for Council’s review. This report provides The Tweed Tourism Co.’s quarterly report for the October to December 2018 quarter which is an attachment to this Council report. At the December Council resolved to pay the first quarterly payment early as their first quarterly report to Council was due in January 2019. However, the first Council meeting for 2019 is not scheduled until 21 February 2019. The Tweed Tourism Company will submit their quarterly reports on a regular three monthly pattern. OPTIONS: This report to Council presents The Tweed Tourism Company quarterly report for the January to March 2018 quarter, which is required as part of their contract. The options available are: 1. Council receives and notes this quarterly report – In receiving The Tweed Tourism

Company’s quarterly report Council acknowledges the work performed by and agree to process payment of the contract instalment in accordance with The Tweed Tourism Company in accordance with ED-RFT 01-2017 Contract For Marketing, Promotion and Destination Management Services; or

2. Council does not receive and note this quarterly report - If Council is not satisfied with the progress The Tweed Tourism Company has made in achieving the milestones identified in their funding contract and the agreed Destination Management Plan then it would be prudent to postpone the endorsement and commence discussions with The Tweed Tourism Company regarding their performance.

CONCLUSION: It is recommended that Council receives and notes the October to December 2018 quarterly report from The Tweed Tourism Company. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: Not Applicable c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed.


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UNDER SEPARATE COVER/FURTHER INFORMATION:

Attachment 1. The Tweed Tourism Company Quarterly Report to Council October to December 2018 (ECM 5758196)

(Confidential) Attachment 2. The Tweed Tourism Company Quarterly Financial Report

October to December 2018 (ECM 5758197)


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12 [GM-CM] Tweed Kenya Mentoring Program SUBMITTED BY: General Manager

mhm



3.1 People

3.1.2 Community and Cultural Development - To provide community and cultural development services to foster and improve social and

cultural well-being.

ROLE: Leader

SUMMARY OF REPORT:

This report provides an overview of Tweed Kenya Mentoring Program (TKMP) Activities for the year 2018. Highlights of the year included a trip to Kenya by a volunteer Council staff member to perform system maintenance and evaluation of water kiosk operations. A joint initiative with another local organisation, Kenya Health, saw money raised for operations for a young girl living within the programs area of operations. Over the course of the year the TKMP committee finalised the programs governance document and resolved to initiate a program evaluation over the course of 2019. TKMP was also invited to present at the 2018 International River Symposium in Sydney. The first objective of the program, which is to provide clean drinking wa

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