agenda operations committee meeting tuesday 23 …...2. advertises a surcharge of 0.75% on all...

OPERATIONS COMMITTEE MEETING DATE: TUESDAY 23 OCTOBER 2007

TWEED SHIRE COUNCIL

AGENDA

OPERATIONS COMMITTEE MEETING

Tuesday 23 October 2007

Chairman: Mr Garry Payne AM Administrators: Mr Garry Payne AM

Mr Max Boyd AM

PAGE 1


PAGE 2


PAGE 3

ITEMS FOR CONSIDERATION OF THE COMMITTEE: ITEM PRECIS PAGE

REPORTS THROUGH THE GENERAL MANAGER 5

O1 [GM-OC] Tweed Economic Development Corporation (TEDC) Quarterly Performance Report - July to September 2007

5

O2 [TCS-OC] 2006/2007 Statutory Financial Reports 11

O3 [TCS-OC] Revenue Collection Services 17

O4 [TCS-OC] Review of Council Policies 23

O5 [TCS-OC] Council Meeting Dates 2008 29

O6 [TCS-OC] Monthly Investment Report for Period Ending 30 September 2007

31

O7 [EO-OC] Renaming Part of Stott Street, Tweed Heads West 37

O8 [EO-OC] Naming and Renaming of Council Public Roads - Casuarina

41

O9 [EO-OC] Release of Restriction as to User - Lot 23 DP 868449 - Tunnel Road, Stokers Siding

45

O10 [EO-OC] NEWLOG Weight of Loads Group - Annual Report 47

O11 [EO-OC] EC2007-102 Manufacture, Supply and Delivery of 375 - 1200mm Diameter Stormwater Drainage Pipe and Accessories

55

O12 [EO-OC] EC2007-098 Supply and Delivery of Bitumen Emulsion 59

O13 [EO-OC] Review of Cemetery Charges 63

O14 [EO-OC] Tweed Road Contribution Plan Proposed 5 Year Works Program

67

O15 [CNR-OC] EQ 2007-044 Regeneration / Restoration of Natural Areas and Ecological Planning and Assessment

75

O16 [CNR-OC] EC2007-014 Construction of Sewage Pump Station 4035 Turnock Street, Kingscliff

81

O17 [CNR-OC] Quarterly Variation Report for Contract EC2005-033 - Construction of the Kingscliff Sewage Treatment Plant: September 2007

85

O18 [CNR-OC] Envirofund Project - Riparian Vegetation for Tweed Cane Farms

91

O19 [CNR-OC] Floodgate Management Plan 93

O20 [CNR-OC] Tweed Coolangatta Community Safety Action Plan 95


PAGE 4

O21 [CNR-OC] Public Libraries Funding Strategy 2007-2008 99

O22 [CNR-OC] Request for "In Kind" Support/Waive Fee 101

O23 [CNR-OC] Entomological Control Report for period July to September 2007

105


PAGE 5

REPORTS THROUGH THE GENERAL MANAGER

O1 [GM-OC] Tweed Economic Development Corporation (TEDC) Quarterly Performance Report - July to September 2007

ORIGIN:

Business & Economic Development SUMMARY OF REPORT:

As required by the current Tweed Economic Development Corporation (TEDC) Agreement a quarterly performance report and financial statement is to be provided for Council’s review. Below is TEDC’s Performance Report for the quarter 1 July to 30 September 2007. RECOMMENDATION:

That Council receives and notes the quarterly report from Tweed Economic Development Corporation for the quarter 1 June to 30 September 2007.


REPORT:

PAGE 6


PAGE 7


LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil.

PAGE 8


PAGE 9

POLICY IMPLICATIONS: Nil. 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). Nil.

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


PAGE 10


PAGE 11

O2 [TCS-OC] 2006/2007 Statutory Financial Reports ORIGIN:

Financial Services SUMMARY OF REPORT:

Council’s draft General Purpose Financial Report and draft Special Purpose Financial Reports for year ended 30 June 2007 have been completed and referred for audit. The draft reports will be tabled at the meeting. The draft financial result for the year reveals that Council’s finances are in a favourable position and that the internal financial management practices are sound. RECOMMENDATION:

That:

1. Council signs the Section 413 (2) (c) statement as required by the Local Government Act 1993;

2. Council signs the Special Purpose Financial Reports as required by

the Local Government Code of Accounting Practice and Financial Reporting; and

3. In accordance with Section 418 (1) (a) of the Local Government Act

1993, Council fixes the date for presenting its audited financial reports to the public at its meeting of 13 November 2007.


PAGE 12

REPORT:

BACKGROUND Council’s draft General Purpose Financial Report and draft Special Purpose Financial Reports for year ended 30 June 2007 have been completed and referred for audit. The draft reports will be tabled at the meeting. Section 413(2) of the Local Government Act requires that a Council’s Financial Reports must include:

(a) a general purpose financial report; (b) any other matter prescribed by the regulations; and (c) a statement in the approved form by the council as to its opinion on the general

purpose financial report. The Local Government Code of Accounting Practice and Financial Reporting also requires Council’s opinion on the Special Purpose Financial Reports. The following Statements pursuant to Section 413(2) (c) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting is to be signed by Council’s Administrators and Management giving their opinion on the preparation of the Financial Reports for 2007.


PAGE 13

COUNCIL OF TWEED SHIRE

General Purpose Financial Report For the Year Ended 30 June 2007

Statement by Councillors/Administrators and Managementmade pursuant to Section 413(2)(c) of the Local Government Act 1993 (as

amended) The attached General Purpose Financial Report has been prepared in accordance with:

• The Local Government Act 1993 (as amended) and the Regulations made thereunder. • The Australian Accounting Standards and professional pronouncements. • The Local Government Code of Accounting Practice and Financial Reporting.

To the best of our knowledge and belief, this Report:

• presents fairly the Council’s operating result and financial position for the year, and • accords with Council’s accounting and other records.

We are not aware of any matter that would render this Report false or misleading in any way. Signed in accordance with a resolution of Council made on 23 October 2007.

Garry Payne Administrator

Max Boyd Administrator

Mike Rayner General Manager

Michael Chorlton Responsible Accounting Officer


PAGE 14

COUNCIL OF TWEED SHIRE

Special Purpose Financial Reports for the Year Ended 30 June 2007

Statement by Councillors/Administrators and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting The attached Special Purpose Financial Reports have been prepared in accordance with:

• NSW Government Policy Statement “Application of National Competition Policy to Local Government”.

• Department of Local Government Guidelines “Pricing & Costing for Council Businesses: A Guide to Competitive Neutrality”.

• The Local Government Code of Accounting Practice and Financial Reporting.

• The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

To the best of our knowledge and belief, these Reports:

• present fairly the operating result and financial position for each of Council’s declared Business Activities for the year, and

• accord with Council’s accounting and other records. •

We are not aware of any matter that would render the reports false or misleading in any way. Signed in accordance with a resolution of Council made on 23 October 2007.

Garry Payne Administrator

Max Boyd Administrator

Mike Rayner General Manager

Michael Chorlton Responsible Accounting Officer

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil.


PAGE 15

UNDER SEPARATE COVER/FURTHER INFORMATION:




PAGE 16


PAGE 17

O3 [TCS-OC] Revenue Collection Services ORIGIN:

Revenue SUMMARY OF REPORT:

The updated revenue collection services strategy provides improved services to Tweed residents by increasing the number of payment options available, retains a free electronic payment option through the introduction of BPay and outlines options for the recoupment of Merchant Service Fees (MSFs) on credit card transactions from the customer, across all Council's business units. RECOMMENDATION:

That Council endorses the revised revenue collection services strategy including the following actions: 1. Implements credit card payment and surcharging at all Council offices

and facilities; 2. Advertises a surcharge of 0.75% on all credit card payments made

through Council’s revenue collection services, as required by Sections 610F and 705 of the Local Government Act, 1993;

3. Discontinues over the counter credit card payments made at Australia

Post; 4. Adopts an internet gateway on Council’s webpage to direct clients to

Australia Post for internet payments; 5. Introduces above changes from 1 January 2008; and 6. Provides BPay services immediately but not allow the use of credit

cards on this payment service.


PAGE 18

REPORT:

This report presents an updated revenue collection services strategy that is efficient and provides a range of payment options to Council's clients and is cost effective to Tweed Shire Council. This includes the passing on of the Merchant Service Fee (MSF) to customers, expanding the number of services which can be paid by credit card and implementing a new collection service (BPay). Council has been requested by residents and customers to provide a greater range of payment options. In expanding payment options the updated revenue collection services strategy aimed to ensure services were increased by introducing credit card payment options for all services, but in doing so also sought to recover MSFs that would be incurred, while still providing a free electronic payment method. This has been achieved through the introduction of BPay. Background Currently Council offers the following methods of payments for the various account categories:- Rates and Water Consumption 1. Over the counter at Council’s Murwillumbah and Tweed Heads Offices via various

credit cards, debit cards, cash and cheque; 2. Mail to Tweed Shire Council; 3. Direct debit; 4. Phone payments through Australia Post Billpay; 5. Internet payments to www.postbillpay.com.au (Aust Post Billpay); and 6. Bulk bill paying service through Acreis Sundry Debtors These accounts are payable by all the above methods except by direct debit. All other Council fees and charges These accounts are payable at Council’s Murwillumbah and Tweed Heads Offices, at the counter or by post, by way of cash or cheque only. There is an ad-hoc arrangement for payment by credit card for these services however customers are advised that it is not Council’s policy to accept credit cards for these payments at this time. It should be noted that the dog pound and art gallery accept credit card payments however the swimming pools do not. Credit Card Surcharges

http://www.postbillpay.com.au/


PAGE 19

Council accepts credit card payments via Visa or Mastercard. Bank charges in the form of MSFs currently cost Council between 0.66% to 0.87% of the total value of the Tweed Shire Council account to be paid. For example, payment of a $1500.00 rates account would attract a merchant fee of $13.00 In addition, further bank processing costs per transaction are currently charged to Council by banks and organisations in the amount of approximately $1.00 per transaction on all financial payment transactions, regardless of whether they are paid by credit card or not. Since offering customers the ability to make payments by credit card, Council has accepted the responsibility and cost for the payment of the MSF. (The current practice at Council’s Offices is to discourage payment by credit card because of the potential increase in bank charges and associated costs.) Following the release of the Reform of Credit Card Schemes in Australia IV: Final Reforms & Regulation Impact Statement by the Reserve Bank, businesses have been able to charge a fee for the use of credit cards by customers commencing 1 January 2003. To date Council has been unable to implement this charge due to the inability of the receipting software; however a recent upgrade has made charging possible. Council needs to consider whether the use of credit cards as a means of payment for Council accounts should be considered a ‘pay for use service’ and if so whether the increased Merchant Fees (bank charges) as a result of this service should be passed on to the consumers/ratepayers or be retained as a direct cost to Council Surcharging Cost to Council Council's overall MSF for the 2006/07 Financial Year amounted to $139,777.00 and comprised of Australia Post MSF of $116,785.00 and over the counter at Council Offices of $22,992.00. For the three months to 30 September 2007 the costs are, Australia Post $56,000.00 and over the counter at Council Offices of $5500.00, totalling $61,500.00. Should the Credit Card Surcharging payment option be accepted as a valid means of paying Council accounts then an implementation period will be required by Revenue Staff to interface current systems with proposed future systems required to facilitate Credit Card Surcharging. For example: • Advertisement of new fee under Section 610F of the Local Government Act; • Cashiering System software configuration; • Proposed installation of EFTPOS; • Links with Australia Post and implementation; • Internet Payment Gateway; and • Commonwealth Bank – revised business arrangements. It is anticipated that staff would be in position to implement the Credit Card Surcharging payment option by 1 January 2008. The popularity of Credit Cards as a means of payment has increased and projected estimates provided by various financial consultants and the Local Government and Shires Association indicate that this trend will continue.


PAGE 20

New Collection Service - BPay The BPay scheme is a bill collection service offered in association with ten of Australia’s leading banks. The service allows ratepayers the convenience and security of paying rates through their own bank, whilst giving Council the comfort of receiving cleared funds and validated reference details. The BPay system works in the following manner: Ratepayers are prompted, by the BPay logo on their rate notice, to contact their financial institution. Ratepayers using phone, voice response or internet services select the bills they wish to pay and select their keycard, cheque or savings account to pay their bill. Their financial institution validates the bill payment and sends it to the BPay provider. The funds are deposited in Council’s bank account and a detailed electronic report of all transactions is provided. While it is possible to BPay with Visa, Mastercard or Bankcard, it is proposed to minimise collection costs to Council by electing not to offer credit card BPay payments. MSFs for BPay to Council per transaction are negligible compared to a credit card payment, making it a preferred payment method. BPay MSFs can not be surcharged to the customer/ratepayer. BPay will provide a free electronic payment option for customers. The benefits of BPay are: • Funds received through BPay have already been cleared by the customer’s bank.

Return of funds can only be effected in exceptional circumstances, and then only with the approval of Council. This minimal chance of dishonour or return of funds compares favourably with alternative collection channels where dishonours result in additional costs.

• Council’s customers have the convenience of telephone or internet payments.

Customers can pay from their home or office 24 hours a day 7 days a week. • BPay alleviates the need for our customers to physically attend our office, service

centre or a branch to pay bills. • BPay is the only bill payment service where customers can pay their bill over the

telephone or internet from their savings or cheque account without requiring a direct debit authority or attendance at an EFTPOS facility location.

• BPay facilitates improved cash management by providing Council with same-day

value to maximise cash flow. • BPay provides a free electronic payment option to residents. The implementation of BPay has been substantially completed and has been operational since 6 October 2007.


PAGE 21

Australia Post Australia Post Postbillpay is a comprehensive bill payment service, offering customers the opportunity to pay their bills in person, by phone and on the internet. Rate, water and debtor paper bills received through the mail can be paid using any one of these methods, whilst customers may also elect to receive, as well as pay their bills on the internet. The Postbillpay website is one of the best and most frequently visited sites in Australia for business and finance. Customers can access the Postbillpay website 24x7 to pay multiple bills using the single site. Australia Post is currently Council’s largest method of payment with 110,344 transactions collecting $37,121,278.53 for the 2006/2007 financial period. A dissection of the payments made to Australia Post is tabled below:

Payment Channel Total amount

No Trans

Trans fees MSF Commission

Internet Unregistered Credit Card 5038 2,922.54 Internet Registered Credit Card

3,281,240.00

88 51.05

24,904.61

Over the counter Credit Card 1,989,716.23 4231 6,010.90 15,101.95 Phone Credit Card 10,115,764.34 76,778.65 Phone Debit Account 428,545.78

29316 17,006.21

Internet Debit Account 1,687,745.75 8663 5,025.41 Over the counter Cash/Debit Accounts 9,266,918.00 39754 56,477.71 Over the counter Cheque 10,351,348.43 23729 33,711.32 Total 37,121,278.53 110819 121,205.14 116,785.21 237,990.35

It should be noted that Australia Post does not have the facility to surcharge the MSF for over the counter credit card payments, therefore it is recommended to discontinue this facility should Council adopt a credit card surcharging protocol, however other payment options will still be available over the counter. It is expected that the number of transactions made through Postbillpay will reduce with the introduction of BPay. Payment Strategy/Protocol A payment strategy/protocol will be introduced to coincide with any change of method of payments. Currently council has an ad-hoc approach with many staff members not fully understanding the processes involved with methods of payments which leads to misleading information being given out to ratepayers and clients. A clear and concise payment strategy/protocol for all of Council offices and facilities will provide a cost effective solution to the payment of Council fees and charges.


PAGE 22

The payment strategy/protocol will be completed by 1 January 2008 to coincide with the introduction of surcharging and changed business processes to methods of payment. New Arrangements If the recommendations of this report are accepted, it will result in the following payment options to Council’s clients:- Cash/Cheque Council Civic Centres, by post or Australia Post offices Credit Cards Council Civic Centres or Internet Debit Cards Council Civic Centres, BPay or Australia Post offices Savings/Cheque a/cs BPay – telephone or internet Direct Debit Organised through Murwillumbah Civic Centre office LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: MSFs paid to various institutions for the 2006/2007 financial year totalled $139,777.00. The introduction of a surcharge in the vicinity of 0.75% would in some way alleviate the burden of the transaction fee which is associated with all payments. Increased credit card facilities at all of Council’s offices will be introduced on a cost neutral basis providing increased scope for payment options to ratepayers and clients. BPay MSFs are negligible compared to credit card payments and will provide a free electronic payment method. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:




PAGE 23

O4 [TCS-OC] Review of Council Policies ORIGIN:

Corporate Compliance SUMMARY OF REPORT:

Council’s Corporate Management Team has undertaken an extensive review of Corporate Policies and has recommended that in future the Corporate Management documents be categorised in accordance with the following colloquial terms: Policy Document A program and set of principles, adopted by Council. Protocol Document A set of detailed correct and appropriate processes, to be

approved by the Executive Management Team, Corporate Management Team or Division Director.

Procedure Document An established method of doing things, to be approved by the

Executive Management Team, Corporate Management Team or Division Director.

The majority of the Corporate Policies were adopted by Council at its meeting of 15 December 2004, however the review has identified that a number of these documents now do not comply with the Policy document category definition. All Policies adopted by Council since 15 December 2004 have remained as a Policy document. Policies will continue to be available to the public via the internet site, while protocols and procedures will be available to internal stakeholders via the intranet. There are a number of policy documents which require some modification and a further report will be presented to Council to adopt the changes. The classification of these documents, as recommended, is to enable Council to be more proactive in maintaining currency with legislation and other business issues. RECOMMENDATION:

That Council: 1. Confirms the recommended status and accordingly adopts the

document as either Policy, Protocol or Procedure; 2. Adopts the inclusion of the words for:

• Art Gallery Collections; • Building Line Variation/Setback; and • Jetties and Public Foreshores;


PAGE 24

REPORT:

The information contained in the section below outlines the result of the review including recommendations for a number of documents to be moved to protocol or procedure, amended as a result of changes to legislation, or replaced by other documents or to be deleted as they are now not utilised by Council.

Document Name Current Status

Recommended Status

Aboriginal Statement Policy Policy Access to Information Policy Policy Accidents - Council Vehicles - Reporting of

Policy Change to Procedure

Anzac Day Policy Change to Procedure Area Based Teams for Application Assessment

Policy Change to Protocol

Art Gallery Collections Policy Policy, word "Collections" to be included

Audit Committee Charter Policy Policy Beach Vehicles Policy Policy Bitumen Sealing - Contribution Policy Policy Builders Solid Waste in Multi Storey Construction - Collection

Policy Policy

Building Excavation Policy Delete - not applicable Building Extensions in Flood Prone Areas


Building Line / Setback Policy Policy, word "Setback" to be included

Building Work Adjacent to Canal Revetment Walls

Policy Policy

Business Ethics Policy Policy Cemeteries and Burial Policy Policy Charities / Sponsorship Policy Policy Charity Fundraising Policy Policy Civil Actions taken by and against Council


Civic Buildings - Civic and Cultural Centre


Code of Conduct Policy Policy Code of Meeting Practice Policy Policy Collection Policy - Tweed River Regional Museum

Policy Policy

Committees - Policies and Procedures

Policy Delete - replaced in Code of Meeting Practice

Communication Policy Policy Community Buildings Policy Change to Procedure Community Consultation - Best Practice Guidelines


Community Requests Management Policy Delete - replaced in Customer


PAGE 25


Recommended Status

Service Charter Competitive Neutrality - Complaints Policy Change to Procedure Complaints and Appreciation Register


Complaints Handling Policy Policy Composting Policy Change to Protocol Conflict and Policy Policy Delete - replaced in Code of

Conduct Construction Certificate & Complying Development Certificate Approvals


Consultation Policy Delete - duplication of Community Consultation Protocol

Contaminated Land Policy Policy Corporate Values Policy Policy Correspondence - Response to Policy Policy Council Land Policy Change to protocol - delete

reference to Sale, replaced in Disposal of Land Policy

Council Meetings Policy Delete - replaced in Code of Meeting Practice

Councillors Policy Policy, delete reference to payment of expenses and provision of facilities - separate Policy

Councillors - Payment of Expenses and Provision of Facilities for Mayors and Councillors

Policy Policy

Council's Logo and Coat of Arms Policy Policy Cultural Policy Policy Policy Customer Service Charter Policy Policy Development Assessment Panel and Delegation of Authority


Development Control Policy Policy Disposal of Assets Policy Policy Disposal of Land Policy Policy Distribution of Copies of Correspondence to Councillors and Senior Management

Policy Delete - covered in Code of Conduct and Access to Information Policy

Donations Policy Policy Donations and Subsidies Policy Policy Driveway Access to Property - Construction Specification

Policy Policy

Driveway Access to Property - Design Specification

Policy Policy

Driveway Access to Property - Guidelines

Policy Policy

Easements Policy Policy


PAGE 26


Recommended Status

Electronic Communication - Guidelines for the use by Staff


Enforcement - Unlawful Activity Policy Policy Executive Management Team Policy Delete Fencing Policy Policy Fencing Public Reserves Policy Change to Protocol Festivals Policy Policy File Notes and Memorandum Policy Delete Filling of Land for Residential Development


Film Location Guidelines Policy Change to Protocol Finance Policy Change to Protocol Fleet Procurement for Passenger Vehicles

Policy Policy

Flood and Floor Levels for Residential Buildings - Flood Prone Areas

Policy Delete - replaced by DCP 5

Flood Liable Land Policy Policy Flora and Fauna Policy Change to Protocol Footpath Dining Policy Policy Footpath Trading Policy Policy Fraud Prevention Policy Policy Garbage and Other Solid Wastes - Code for Storage and Disposal

Policy Policy

Garbage Chutes in Multi Storey Developments

Policy Delete - covered by BCA

Gifts to Council Policy Delete - not applicable Incinerators Policy Policy Information Policy Delete - replaced by a number of

Protocols Information received from Ombudsman

Policy Delete - covered by Code of Conduct and Access to Information Policy

Internal Reporting Policy Policy Investment Policy Policy Jetties / Foreshores Policy Policy, word "Jetties" to be

included Legal Briefs Policy Delete - covered by Code of

Conduct and Access to Information Policy

Motor By-pass Policy Delete Naming of Streets and Roads Policy Policy Noise Complaints concerning Animals and Birds


Objectors to Proposals Policy Delete - covered in Access to Information Policy

Office Facilities Policy Delete - covered in new Mayor and Councillor Facilities Policy

Paper Recycling Policy Delete - replaced by Office


PAGE 27


Recommended Status

Waste Minimisation Protocol (New)

Pecuniary Interest - Dealing with Breaches of the Local Government Act

Policy Delete - covered in Code of Conduct

Placemaking and Public Art Policy Policy Policy Review Policy Delete - covered by Legislation Privacy Management Plan Policy Policy Private Structures on Public Roads Policy Change to Protocol Private Works - Environment & Community Services

Policy Delete

Private Works - Governance Policy Change to Protocol Procurement Policy Policy Public Places of Entertainment Policy Delete Quality Customer Service Standards and Dealing with Difficult People

Policy Policy, delete reference to Quality Customer Service Standards, replaced by new Policy

Rainwater Tanks Policy Policy Records Management Confidential Correspondence


Risk Management Policy Change to Protocol Riverbanks Policy Policy Road Closures and Private Purchase


Roads - Corporate Policy Change to Protocol Roadside Tributes Policy Policy School Bus Route Signs - Rural Environment


Secondary Employment Policy Policy Sewerage Policy Policy Smoking in the Workplace Policy Delete - covered in Human

Resources Protocol Sporting Events on Highway and Major Roads

Policy Policy

Sportsfields and Reserves - Corporate


Sportsfields and Reserves - Environment and Community Services

Policy Policy

Storage of Materials on Road Reserve


Strata Subdivisions - Compliance with Building

Policy Delete - covered by Legislation

Strategic Asset and Service Management Program

Policy Policy

Street Lighting Policy Change to Protocol Subdivisions Policy Delete - duplication of Fencing

Public Reserves Policy


PAGE 28


Recommended Status

Subdivisions - Environment and Community

Policy Delete - covered in DCPs, Biting Midges and Subdivisions

Sump Oil on Roads Application Policy Change to Protocol Swimming Pools Policy Policy Tenders & Quotations Policy Delete - to be by a new Tenders

/ Quotations Protocol Tennis Court Lighting Policy Change to Protocol Trade Waste Management Policy Change to Protocol Trees Policy Change to Protocol Unregistered Moveable Dwellings - Entry Porches

Policy Policy

Unregistered Moveable Dwellings and Annexes on Flood Liable Land

Policy Policy

Vending of Food on Public Reserves, Streets and Roads

Policy Policy

Water Charging Policy - Defective Services

Policy Policy

Water Supply Catchment Stream Bank Protection

Policy Policy

Workplace Management System Policy Change to Protocol Workshops Policy Change to Protocol LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Policies will be reviewed on an ongoing basis. Protocols and Procedures will be able to be updated via an internal process. UNDER SEPARATE COVER/FURTHER INFORMATION:




PAGE 29

O5 [TCS-OC] Council Meeting Dates 2008 ORIGIN:

Governance SUMMARY OF REPORT:

Council must meet at least 10 times each year, each time in a separate month (Section 365 Local Government Act). In accordance with the Code of Meeting Practice, meeting dates need to be determined for 2008. In order to avoid meeting around the Easter period, the following meeting schedule is proposed. Meetings will continue to be held every third Tuesday, with the exception of February/March where there will be a four week break. RECOMMENDATION:

That the Council Meeting Dates for 2008 be adopted as follows: 22 January 3 June 12 February 24 June 11 March 15 July 1 April 5 August 22 April 26 August 13 May 16 September Council Election - 27 September 2008 - to elect 7 councillors 28 October (Tentative) 18 November (Tentative) 9 December (Tentative)


PAGE 30

REPORT:

As per summary. It is proposed that the Council Meeting Dates for 2008 be adopted as follows:

22 January 3 June 12 February 24 June 11 March 15 July 1 April 5 August 22 April 26 August 13 May 16 September

It is proposed that Local Government Council elections will be held on 27 September 2008 and it is advised that the following meeting dates be treated as tentative at this time, pending the determination of the first meeting of the newly elected Council:

28 October 18 November 9 December

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: As per Code of Meeting Practice. UNDER SEPARATE COVER/FURTHER INFORMATION:




PAGE 31

O6 [TCS-OC] Monthly Investment Report for Period Ending 30 September 2007

ORIGIN:

Financial Services SUMMARY OF REPORT:

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

That in accordance with Section 625 of the Local Government Act 1993 the monthly investment report as at 30 September 2007 totalling $127,396,654.80 be received and noted.


REPORT:

Report for Period Ending 30 September 2007 The "Responsible Accounting Officer" must report monthly to Council, setting out details of all the funds Council has invested and certification has been made in accordance with Section 625 of the Local Government Act (1993), Clause 212 of the Local Government (General) Regulations and Council policies. 1. CURRENT INVESTMENT PORTFOLIO BY CATEGORY

% of Funds Invested by Category

Fund Managers79%

Loan Offset1%

Call Account5%

Term Deposits9%

Collaterised Debt Obligation

4%Floating Rate Notes2%

2. INVESTMENT RATES - 90 DAY BANK BILL RATE (%)

Average Interest Rate Return on 90 Day Term Deposit

5.40

5.60

5.80

6.00

6.20

6.40

6.60

6.80

7.00

7.20

7.40

Aug-

06

Sep-

06

Oct

-06

Nov

-06

Dec

-06

Jan-

07

Feb-

07

Mar

-07

Apr-

07

May

-07

Jun-

07

Jul-0

7

Aug-

07

Sep-

07

%

PAGE 32


3. ANNUALISED RATE OF RETURN FOR FUNDS MANAGERS - NET OF FEES

30 Days Term

-2.00-1.000.001.002.003.004.005.006.007.008.009.00

AberdeenCash Plus

AdelaideManaged

Funds

ANZ CashPlus

BlackRock LGFS -Exp Credit

LGFS -FOCF

MacquarieIP

UBSCreditEnh.

Bank BillIndex

FundManagerAverageManaged Fund

v Bank Bill Index

%

Fund Manager End of Month Balance Aberdeen Cash Plus $16,628,630 Adelaide Managed Funds $14,295,920 ANZ Cash Plus $8,314,603 BlackRock $19,535,761 LGFS - Exp Credit $8,088,874 LGFS - FOCF $10,064,195 Macquarie IP $22,106,856 UBS Credit Enh. $2,975,167 Total $102,010,005

4. MONTHLY COMPARISON OF TOTAL FUNDS INVESTED

TOTAL FUNDS INVESTED

$0.00

$20,000,000.00

$40,000,000.00

$60,000,000.00

$80,000,000.00

$100,000,000.00

$120,000,000.00

$140,000,000.00

$160,000,000.00

JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

Month

2005/2006

2006/2007

2007/08

PAGE 33


5. ANNUAL PROGRESSIVE TOTAL OF INTEREST ON TOTAL FUNDS INVESTED PROGRESSIVE TOTAL - INTEREST EARNED

$0.00

$1,000,000.00

$2,000,000.00

$3,000,000.00

$4,000,000.00

$5,000,000.00

$6,000,000.00

$7,000,000.00

JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

2006/2007BudgetEstimate2006/2007Actual

2007/2008BudgetEstimate2007/2008Actual

6. PORTFOLIO PERFORMANCE

PORTFOLIO RETURN (Current Month Annualised)

0.00%1.00%2.00%3.00%4.00%5.00%6.00%7.00%8.00%9.00%

Sep-06

Oct-06 Nov-06

Dec-06

Jan-07 Feb-07

Mar-07

Apr-07

May-07

Jun-07 Jul-07 Aug-07

Sep-07

Portfolio

Benchmark*

7. MARKET COMMENTARY Domestic Economy Australian retail trade was stronger than expected, rising 0.7% in August. The trade deficit was also larger than expected, totalling $A1.6bn as imports jumped 5.5% while exported increased 1.8%. The Reserve Bank of Australia (RBA) left the official cash rate on hold at 6.5%. The continuing credit squeeze led to some lenders pushing up borrowing rates by more than the last RBA 0.25% cash rate increase in August. Consumer Price index figures due for release 24 October are expected to force the RBA to raise the cash rate to 6.75% in November. Global Economy The US housing market continued to make headlines as fears the sub-prime crisis may slow US economic growth.

PAGE 34


UK business investment declined in the 2nd quarter by more than expected as US sub-prime concerns impacted the UK economy. The Euro-zone unemployment rate held steady at 6.9% in August while the Producer Price Index rose 0.1%, in line with expectations.

Source: Oakvale Capital limited 8. INVESTMENT SUMMARY AS AT 30 SEPTEMBER 2007

GENERAL FUND

COLLATERISED DEBT OBLIGATION 5,397,080.00

FLOATING RATE NOTE 2,013,820.00 FUND MANAGERS 48,621,166.79 LOAN OFFSET 1,075,750.00

TERM DEPOSITS 11,000,000.00 CALL 5,900,000.00 74,007,816.79WATER FUND FUND MANAGERS 32,137,325.72 32,137,325.72SEWERAGE FUND FUND MANAGERS 21,251,512.29 21,251,512.29 TOTAL INVESTMENTS 127,396,654.80

It should be noted that the General Funds investments of $74 million are not available to be used for general purpose expenditure. It is virtually all restricted by legislation and council resolution for such purposes as unexpended loans, developer contributions, unexpended grants and various specific purpose reserves such as domestic waste, land development and employee leave entitlements. Statutory Statement - Local Government (General) Regulation 2005 Clause 212 I certify that Council's investments have been made in accordance with the Local Government Act 1993, the Local Government (General) Regulations and Council's investment policies.

Chief Financial Officer (Responsible Accounting Officer) LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil.

PAGE 35


PAGE 36





PAGE 37

O7 [EO-OC] Renaming Part of Stott Street, Tweed Heads West ORIGIN:

Design FILE NO: GS5/1 Pt5 SUMMARY OF REPORT:

Stott Street was originally dedicated in a plan of subdivision, with an intention to further extend the northern section of the road in future stages of the development through Lot 1 in DP 725826. Due to the uncertainty of the location for the start of Stott Street it has proved impossible to provide residents with street numbers. Skyline Drive currently runs from Piggabeen Road south then south west to meet the intersection of Stott Street. Whilst the subdivision plan clearly defined the intersection of these two roads, the actual formation of the road indicates that Skyline Drive continues to the west ending at Lot 1 in DP 725826 with a defined on ground intersection from Skyline Drive implying the start of Stott Street. The attached aerial plan shows this implication clearly. Due to the formation of these roads it is recommended that the section of Stott Street, from the intersection of Skyline Drive be renamed as Skyline Drive. This will assist Council staff to allocate street addresses to both Skyline Drive and Stott Street and avoid confusion for residents and visitors alike in determining the correct location of these roads. Initial contact with residents along this section of road indicates that this proposal would be an acceptable solution to the issue. However it would be prudent to contact all property owners seeking their written concurrence to the proposal. RECOMMENDATION:

That Council:-

1. Publicises its intention to re-name that part of Stott Street running west from the intersection of Skyline Drive, as Skyline Drive, allowing one month for submissions and/or objections to the proposal; and

2. Notifies the relevant authorities under the provisions of the Roads

(General) Regulation 1994.


REPORT:

As per Summary of Report.

Piggabeen Road

PAGE 38

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BENSON S LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil.


PAGE 39

POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:




PAGE 40


PAGE 41

O8 [EO-OC] Naming and Renaming of Council Public Roads - Casuarina ORIGIN:

Design FILE NO: GS5/1 Pt5 SUMMARY OF REPORT:

Consulting Engineer, Cardno (Qld) Pty Ltd are in the process of obtaining a subdivision certificate for the next stage of the Cotton Beach Estate at Casuarina within Lots 29 and 30 in DP 1027531. As part of this subdivision Cardno have proposed that a link road be formed and dedicated as public road between Gillett Court, which runs off the existing formation of Casuarina Way, to connect with Casuarina Way to the North. As the proposed new road, marked “A” on the attached plan, will link the two sections of Casuarina Way it has been proposed that Gillett Road and the extension be renamed to Casuarina Way. There are currently five (5) properties addressed as Gillett Court all of whom will be contacted regarding the proposed renaming offering an opportunity to provide any objections to the proposal in writing to Council. Further it would be necessary to rename an existing section of Casuarina Way, as marked “B”, and name the section of newly created road reserve marked “C” on the attached plan. The developers have submitted Sterculia Court and Dryandras Court, in keeping with the theme of Australian native plants for other road names in the immediate area. RECOMMENDATION:

That Council:- 1. Publicises its intention to rename Gillett Court as Casuarina Way

allowing one month for objections to the proposal; and 2. Publicises its intention to name the newly created road linking Gillett

Court to Casuarina Way to the North as Casuarina Way allowing one month for objections to the proposal;

3. Publicises its intention to rename the section of Casuarina Way which

runs from Gillett Court East to Lot 13 in DP 1014470, as Sterculia Court allowing one month for objections to the proposal; and


PAGE 42

4. Publicises its intention to name the newly created road reserve which runs off Casuarina Way, east through Lot 30 in DP 1027531 as Dryandras Court; and

5. Notifies the relevant authorities under the provisions of the Roads

(General) Regulation 1994.


REPORT:

As per Summary of Report. Plan of proposed link Road marked “A”, between Casuarina Way to the South, Gillett Court and Casuarina Way to the North. Road Reserve marked “B” existing part of Casuarina Way which would require renaming – Sterculia Court, and newly created road reserve marked “C” which would require naming – Dryandras Court:-

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Current view of Gillett Court and Casuarina Way:-

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CASUARINA WYCASUARINA WYCASUARINA WYCASUARINA WYCASUARINA WY

CECECCECE LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:




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O9 [EO-OC] Release of Restriction as to User - Lot 23 DP 868449 - Tunnel Road, Stokers Siding

ORIGIN:

Design FILE NO: GS4/96/144 SUMMARY OF REPORT:

When Lot 23 in DP 868449 was created in 1997, a Restriction as to User was registered in relation to a cattle dip site located in the south eastern corner of the parcel. Lot 23 has an area of 47.99 hectares and approval for a five lot subdivision has been granted by Council. The Restriction as to User requires that no dwelling will be allowed within 200 metres from the cattle dip site without the completion of an environmental assessment approved by Council, this Restriction affected the whole area of Lot 23, but now that Lot 23 is being subdivided, the Restriction will only need to apply to those Lots that will be affected, that is, there will be some part of the Lot that will be within 200 metres of the dip site. The dip site has now been decommissioned and remediated to Council requirements, however the developer is required to maintain the Restriction on the affected Lots. It is now necessary to release the Restriction over Lot 23 and recreate it over the affected Lots, that is, Lots 24 to 27. The plan of subdivision has been lodged, together with a section 88B instrument that will create the new Restriction as well as releasing the original Restriction as to User. The new Restriction as to User will create the same restriction, but only on the affected parcels. As Council is the benefitting authority for the original Restriction as to User, consent must be given to the release of the Restriction. It is recommended that Council sign the necessary documentation to release the Restriction as to User. RECOMMENDATION:

That:- 1. Council approves the release of Restriction as to User created in DP

868449 burdening Lot 23 and benefitting Council; and 2. All documentation be executed under the Common Seal of Council.


REPORT:

As per Summary of Report. The plan below shows the proposed subdivision of Lot 23. The dip site is located in proposed Lot 26, indicated by the arc:

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:


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PAGE 47

O10 [EO-OC] NEWLOG Weight of Loads Group - Annual Report ORIGIN:

Works SUMMARY OF REPORT:

The North East Weight of Loads Group, or Newlog, operates with the cooperation and participation of the RTA and all 8 North Coast Councils, from the Queensland Border in the north, west to Tenterfield and south to the Clarence Valley Council boundary with Coffs Harbour. The aims and objectives of Newlog are to preserve the road asset and promote road safety by encouraging heavy vehicles to comply with weight regulations on local and RTA owned roads. This report provides Council with an overview of the operations of the NEWLOG Weight of Loads Group, and presents its 2006/07 Annual Report. RECOMMENDATION:

That North East Weight of Loads Group (NEWLOG) 2006/07 Annual Report be received and noted.


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REPORT:

Introduction This report provides Council with an overview of the operations of the NEWLOG Weight of Loads Group, which is administered by Ballina Shire Council. Overview of the Group The North East Weight of Loads Group, or Newlog, operates with the cooperation and participation of the RTA and all 8 North Coast Councils, from the Queensland Border in the north, west to Tenterfield and south to the Clarence Valley Council boundary with Coffs Harbour. The aims and objectives of Newlog are to preserve the road asset and promote road safety by encouraging heavy vehicles to comply with weight regulations on local and RTA owned roads. The Roads Act and Road Transport (General) Regulations set down a schedule of maximum weights for various types of vehicles, which are designed to protect the road structure and ensure vehicles operate within the manufacturers specifications for safety. The effects of overloading Engineers design and build roads taking into account many factors in the design life of a road. Heavy vehicle use is one such factor. Heavy vehicles exceeding the design mass limit for the pavement will hasten the deterioration of a road and cause a reduction in the actual life achieved by the pavement, with a consequential increase in maintenance costs and the need to rebuild the pavement at an earlier age at dramatically increased whole of life cost than that intended. Local roads are typically designed with a 20 year design life. A 10% overload by heavy vehicles will increase the damage caused by 45% and reduce this working life to 13.8 years, and a 50% overload will cause a 285% increase in damage with a resultant reduction in the working life to 5.2 years. The Newlog operation Newlog operates with 4 full time inspectors who are trained and authorised by the RTA, and are complemented by casual inspectors who are available to provide relief for leave and other absences. They operate as an autonomous work team from two vehicles, by patrolling the road system or setting up the scales as a” weigh in motion “sites at fixed locations. The inspectors endeavour to spend an equal amount of time in each Council area and also respond to seasonal freight movements and the overloading concerns of individual members. The member councils are Tweed, Byron, Ballina, Kyogle, Richmond Valley, Lismore City, Clarence Valley and Tenterfield. As well as carrying out enforcement work, the group also provides and industry education and information role. The inspectors also police operational issues such as b-doubles off route and vehicles on load limited roads and bridges. This function has been very helpful in reducing the number of commercial vehicles using Kingscliff residential streets to access the northern Casuarina/SALT area.


PAGE 49

Funding The operation is funded by an annual fee from each member council , a grant from the RTA and income received by fines. The annual contributions have been indexed to increase in line with rate pegging increase, and the RTA has indexed its grant in line with the CPI. It is advised that fees for each member Council can be paid from its Block Grant allocation from the RTA as an eligible item. Success of the operation Since Newlog commenced operation in 1995, the number of overloaded vehicles has decreased from 15 in every hundred to about 3 in every hundred, and the magnitude of grossly overloaded vehicles has decreased significantly. A paper prepared in 1984 by the Chief Engineer of the RTA calculates the cost benefit of the operation at in excess of 8:1 – this means that the current annual cost of the Newlog operation of $400,000 provides a saving of in excess of $3.2 million in pavement repair costs. Administration of NEWLOG NEWLOG operates under a Committee of Management with representation from each Council. The Committee of Management meets twice per year and the meetings are now held in conjunction with the Regional Directors Group Meetings. The operation is managed by the Executive Engineer, Ballina Council and operates as an autonomous work group under the direction of a team leader who is one of the inspectors. Administrative procedures have been simplified and much of the data entry is carried on in the field which has reduced the operational cost and freed administrative staff for other duties. A major challenge facing NEWLOG is the declining revenue from fines as the operation has been successful in raising compliance to approximately 97%. Improvements introduced such as Weigh in Motion (WIMO) weighing which allows a much larger number of vehicles to be weighed and the ability for the team leader to schedule patrols based on heavy vehicle and industry movements rather than rigid area based rosters is being successful in maintaining breach numbers. Conclusion NEWLOG operates to preserve the road asset by encouraging heavy vehicles to comply with weight regulations on local and RTA roads. It has been shown that the operation of Weight of Loads Groups area a cost effective means of preventing damage to the road system by overloading, and NEWLOG’s operation represent a saving of $2.8 million per annum in the local area.


2006/2007 Annual Report

PAGE 50


PAGE 51


LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil.

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PAGE 55

O11 [EO-OC] EC2007-102 Manufacture, Supply and Delivery of 375 - 1200mm Diameter Stormwater Drainage Pipe and Accessories

ORIGIN:

Contracts FILE NO: EC2007-102 SUMMARY OF REPORT:

This report outlines the tender for Manufacture, Supply and Delivery of 375 – 1200 mm Diameter Stormwater Pipes and Accessories. The pipes are required for major drainage works to be carried out on Wommin Bay Drive, Chinderah. Recommendations have been formulated based on the Selection Criteria and Pricing Report included in CONFIDENTIAL ATTACHMENT A. The tender can be let in separable portions. It is recommended that Council accepts the submissions of Reinforced Concrete Pipes for Schedules A and B, Aus Pits for Schedules C,D and F and Humes Pty Ltd for Schedule F of the tender. The total value of contracts to supply the pipes, pits etc with the various schedules is $263,421.58 (GST exclusive). Attachment A is CONFIDENTIAL in accordance Section 10A(2)(d) of the Local Government Act 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderers in terms of market competitiveness, by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. RECOMMENDATION:

That:- 1. The tenders from the following suppliers be accepted:-

a) Schedule A and B: Reinforced Concrete Pipes (RCP) with a contract value of $205,820.74 (GST exclusive).

b) Schedules C, D and E: Aus Pits with a contract value of $75,493.00 (GST exclusive).

c) Schedule F: Humes with a contract value of $8,450 (GST exclusive).

2. The ATTACHMENT be treated as CONFIDENTIAL in accordance with

Section 10A(2)(d) of the Local Government Act, 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial


PAGE 56

position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderer in terms of market competitiveness, by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest.


PAGE 57

REPORT:

Background Council Tender EC2007-102 invited submissions for the Manufacture, Supply and Delivery of 375 mm- 1200mm Diameter Stormwater Pipes and Accessories. The pipes are to be used in major drainage works to be undertaken on Wommin Bay Drive, Chinderah. Tenders Received Tender documentation were taken by seventeen (17) suppliers however at the close of tenders six (6) submissions to the tender had been received. Tender submissions received are as follows: James Hardie FRC Pipes Aus Pits Humes Pty ltd Reinforced Concrete Pipes (RCP) Rocla Pty ltd Iplex Pipelines Tender Evaluation A copy of the Tender Evaluation report is included in ATTACHMENT A which is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act, 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderer in terms of market competitiveness by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. It is recommended that Council accepts the submissions of Reinforced Concrete Pipes for Schedules A and B Aus Pits for Schedules C,D and F and Humes Pty Ltd for Schedule F of the tender. Total contract price for the supply of the various pipe, pits etc is $263,421.58 (GST exclusive). LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Funding is provided within the 2007/2008 Budget for Wommin Bay Stormwater Drainage upgrade. POLICY IMPLICATIONS: Nil.


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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). 1. Confidential Attachment A - EC2007-102 Manufacture, Supply and Delivery of

375 - 1200mm Diameter Stormwater Drainage Pipe and Accessories (DW 1684048).



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O12 [EO-OC] EC2007-098 Supply and Delivery of Bitumen Emulsion ORIGIN:

Contracts SUMMARY OF REPORT:

This report outlines the tender for the Supply and Delivery of C170 Bitumen Emulsion to Councils bulk storage tanks located at the Murwillumbah and Tweed Heads Depots. The supply contract will be for a two (2) year period from 1November 2007 until 31 October 2009. Recommendations have been formulated based on the Selection Criteria and Pricing Report included in CONFIDENTIAL ATTACHMENT A. It is recommended that Council accepts the tender of Pioneer Road Services for the Supply and Delivery of Bitumen Emulsion for a two (2) year period from 1 November 2007 until 31 October 2009. Attachment A is CONFIDENTIAL in accordance Section 10A(2)(d) of the Local Government Act 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderers in terms of market competitiveness, by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. RECOMMENDATION:

That: 1. The tender from Pioneer Road Services be accepted for the Supply

and Delivery of Bitumen Emulsion for a two (2) year period from 1 November 2007 until 31 October 2009. Supply rates are subject to rise and fall and linked to the General Market Price for C170 Bitumen Emulsion ex: Shell Brisbane currently $665/tonne (GST exclusive).

2. The ATTACHMENT be treated as CONFIDENTIAL in accordance with

Section 10A(2)(d) of the Local Government Act, 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderer in terms of market competitiveness, by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest.


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REPORT:

Background Council Tender EC2007-098 invited submissions for the Supply and Delivery of Bitumen Emulsion to Councils bulk storage tanks located at the Murwillumbah and Tweed Heads Depots. The supply contract will be for a two (2) year period from 1 November 2007 until 31 October 2009. Tenders Received Tender documentation was taken by six (6) suppliers however at the close of tenders only two (2) submissions to the tender had been received. Suppliers were required to provide a rate per Litre of C170 bitumen emulsion delivered to either of Council’s storage points. Estimated value of the supply contract is $148,000 per annum. Tenders submissions were received from:- Pioneer Road Services and Downer EDI Works Pty Ltd. Tender Evaluation A copy of the Tender Evaluation Report is included in ATTACHMENT A which is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act, 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderer in terms of market competitiveness by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. Recommendations appear below for the Tender. It is recommended that tenderer Pioneer Road Services Pty Ltd be awarded the contract for the Supply and Delivery of Bitumen Emulsion. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Funding is provided within the 2007/2008 Budget for EC2007-098 Supply and Delivery of Bitumen Emulsion. POLICY IMPLICATIONS: Nil.


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1. Confidential Attachment A - EC2007-098 Supply and Delivery of Bitumen Emulsion (DW 1685082).


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PAGE 63

O13 [EO-OC] Review of Cemetery Charges ORIGIN:

Recreation Services SUMMARY OF REPORT:

At its meeting held 21 August 2007, Council resolved to place on public exhibition proposed amendments to the 2007/2008 cemetery fees and charges. At the close of the exhibition period, one submission was received. RECOMMENDATION:

That in accordance with Section 610F(1)(3) of the Local Government Act 1993, Council adopts the fees and charges for cemeteries as placed on exhibition with the exception that the Lawn Cemeteries – Children’s Section fee and charges remain unchanged. The new fees and charges are as follows:- General Cemeteries Fee Murwillumbah & Tweed Heads $ Administration Fee - refund of standard plaque fee 39Contract plant & operator hire per hour 117Hourly fee per employee (time & half) - funerals finishing after 4.00pm Mon-Fri

32

Hourly fee per plant item & operator (backhoe) - funerals finishing after 4.00pm Mon-Fri

138

Land for grave (1.2m x 2.4m) 498Maintenance in perpetuity 934Opening and filling grave 457Premises Inspection - Permit for burial on private land 122Childrens Section General CemeteriesCasket less than 1.1m in length 296Permission to undertake monumental work in general cemetery - per site

96

General and Lawn CemeteriesExhumation (includes re-opening fee) 1,767Funerals on Saturdays - 10.00am to 11.30am (in addition to above charges)

660

Funerals on Saturdays - per employee per hour (double time) after 11.30am in addition to usual Saturday fee

41

Funerals on Saturdays - per plant item & operator per hour (double time) after 11.30am in addition to usual Saturday fee

166

Provision of shade cover, seating, matting and lowering device 232


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Lawn Cemeteries1st BurialLand for grave 555Maintenance in perpetuity 1,335Opening and filling grave 1st burial 511Plaque (standard) 360Plaque Service Fee 1st burial (50% on plaque cost) 181Concrete base 811st Burial Total Cost 3,0222nd BurialRe-opening & filling 2nd burial 816Plaque 2nd inscription 74Plaque Service Fee 2nd burial (50% on plaque cost) 362nd Burial Total Cost 927Childrens SectionLand for grave 214Maintenance in perpetuity 412Opening & filling grave 327Plaque 117Plaque service fee (50% on plaque cost) 58Concrete base 30Total Burial Cost 1,158Non viable Foetus 83Interment of ashes (includes plaque)Maintenance in perpetuity 421Memorial Stone 53Plaque 91Plaque Service Fee (50% on plaque cost) 46Total Interment Cost 611General Cemetery - existing grave 611General Cemetery - Columbarium Wall 515Lawn cemetery - existing grave 611Rose Garden, Flower Garden 611Children's Section - Gumnut Walk 611Memorial BookMaintenance in perpetuity 313Plaque 81Plaque Service Fee (50% on plaque cost) 41Total Memorial Book 435Memorial Creek WalkMaintenance in perpetuity 564Sandstone Block 106Plaque 91Plaque Service Fee (50% on plaque cost) 46Total Memorial Creek Walk 807


PAGE 65

Memorial Rainforest WalkMaintenance in perpetuity 1,128Plaque 91Plaque Service Fee (50% on plaque cost) 46Total Memorial Rainforest Walk 1,265Pond View Garden Maintenance in perpetuity 436Concrete Base 59Plaque 143Plaque Service Fee (50% on plaque cost) 71Total Pond View garden 710Bench seat with brass plaque POASculpture POASmall or large landscaped area POAScattering of ashes No chargeTyalgum Cemetery - Surcharge (Travelling and Grave Digging) 527


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REPORT:

At its meeting held 21 August 2007, Council resolved to place on public exhibition proposed amendments to the 2007/2008 cemetery fees and charges. At the close of the exhibition period, one submission was received. The submission requested Council consider not increasing the fees and charges for the children’s section of the Tweed Valley Cemetery. Five burials have occurred in the children’s section in the last 12 months. The proposed increase in fee and charges for burials in the children’s section is $678.00/burial. Assuming an average of five burials per year, this equates to an annual income of $3,390. As this will have little effect on the overall viability of the cemeteries, Council may wish to consider this request favourably. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Substantial increase in likely yield from cemetery fees. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:




PAGE 67

O14 [EO-OC] Tweed Road Contribution Plan Proposed 5 Year Works Program ORIGIN:

Planning & Infrastructure SUMMARY OF REPORT:

Version 5 of the Tweed Road Contribution Plan (TRCP No. 4) was adopted by Council at its meeting on 10 July 2007. A cash flow analysis has been undertaken and a proposed 5 year Rolling Works Program developed, based on predicted development patterns derived from the best information available. The Program is contained in the following report. RECOMMENDATION:

That Council:- 1. Adopts the Proposed 5 Year Rolling Works Program, funded from the

TRCP No. 4 as listed below:

TRCP 5 Year Rolling Construction Program Year TRCP Project 2007/08 (47a) Kennedy Drive/Crystal Waters Dr Right Turn Lane (61e) Minjungbal Dr/Dry Dock Rd Right Turn Lane extension (1) Boyd Street Overpass (remaining $3m due October 2007) 2008/09 (106b,c,d) Koala Beach Connector Rd (112b,j,n) Joshua St and West End St extensions to the Barnby St

Subdivision (26) Piggabeen Rd Deviation/bypass (112k) Old Lismore Rd upgrade (part only) (In current subdivisions

under construction) (112c,e,f) Intersections Byangum Rd with William St and Westend Rd

& Intersection Westend Rd & Wentworth St (59c) Leisure Drive widening to 4 lanes from Eucalyptus Dr to Widners

Pl (120(d) Kyogle Rd Palmers Rd to Clarrie Hall Dam 2009/10 (6&8) Cobaki Parkway from Boyd St overpass to town centre 2010/11 (112k) Old Lismore Rd Upgrade (final) (North Arm Rd end) (123) Reserve Creek Rd reconstruction/upgrade Tweed Valley Way to

Quarry Rd 2011/12 (8) Cobaki Parkway town centre to Sandy Lane (11) Cobaki Parkway Sandy Lane (southern intersection) to Piggabeen

Rd (13) Cobaki Parkway Bridge over Piggabeen Creek 2012/13 (36) Kirkwood Rd Construction - Fraser Dr to Falcon Way incl bridge

over highway 2. Funds the projects listed in (1) above for the 2007/2008 financial year

and undertakes advance investigation and design, with funding from


PAGE 68

the TRCP No. 4 and correspondingly votes expenditure on these projects.


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REPORT:

Introduction Version 5 of the Tweed Road Contribution Plan (TRCP No. 4) was adopted by Council on the 10 July 2007, and became effective on 20 July 2007. Work has been undertaken developing a 5 Year Rolling Construction Program for implementation of the Works Schedule contained in the Plan. Projected Income To enable an orderly construction program to be developed a financial analysis was undertaken to develop a predicted cash flow based on known major release areas, their expected commencement dates and rate of development. This input data has been sourced from developers and advice provided by Council's Strategic Planning Section. The Cash Flow Analysis also includes amounts for redevelopment, unit, commercial and industrial development based on past trends. The projected annual income for the TRCP based on the above is as follows:- Year Income 2007/2008 $1,819,8762008/2009 $2,414,5672009/2010 $4,859,8082010/2011 $4,541,6922011/2012 $5,600,6502012/2013 $5,852,082 3. Expenditure The following Works Schedule contains details on projects and expenditure over the 5 year period from 2007 - 2008 to 2012 - 2013. Projects listed reflect TRCP projects needed to allow the anticipated rollout of developments to occur whilst minimising road network impacts.

TRCP 5 Year Rolling Construction Program Year TRCP Project Annual

Income Project Cost Annual

Balance Funded from

Council Balance of TRCP at 9

September 2007 $12,660,192

2007/08 (47a) Kennedy Drive/Crystal Waters Dr Right Turn Lane

$136,144 $12,524,048

(61e) Minjungbal Dr/Dry Dock Rd Right Turn Lane extension

$100,500 $12,423,548

(1) Boyd Street Overpass (remaining $3m due October 2007)

$3,000,000 $9,423,548

Income $1,819,876 $11,243,424 2008/09 (106b,c,d) Koala Beach

Connector Rd $2,000,000 $9,243,424


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TRCP 5 Year Rolling Construction Program Year TRCP Project Annual

Income Project Cost Annual

Balance Funded from

Council (112b,j,n) Joshua St and

West End St extensions to the Barnby St Subdivision

$2,073,282 $7,170,142

(26) Piggabeen Rd Deviation/bypass

$7,170,142 $2,563,106.00*

(112k) Old Lismore Rd upgrade (part only) (In current subdivisions under construction)

$700,000 $6,470,142

(112c,e,f) Intersections Byangum Rd with William St and Westend Rd & Intersection Westend Rd & Wentworth St

$723,600 $5,746,542

(59c) Leisure Drive widening to 4 lanes from Eucalyptus Dr to Widners Pl

$3,589,150 $2,157,392

(120(d) Kyogle Rd Palmers Rd to Clarrie Hall Dam

- $2,157,392 $2,331,775.00*

Income $2,414,567 $4,571,959 2009/10 (6&8) Cobaki Parkway

from Boyd St overpass to town centre

$3,278,739 $1,293,220

Income $4,859,808 $6,153,028 2010/11 (112k) Old Lismore Rd

Upgrade (final) (North Arm Rd end)

$737,150 $5,415,878

(123) Reserve Creek Rd reconstruction/upgrade Tweed Valley Way to Quarry Rd

- $5,415,878 $591,496.00*

Income $4,541,692 $9,957,570 2011/12 (8) Cobaki Parkway

town centre to Sandy Lane

$3,653,631 $6,303,939

(11) Cobaki Parkway Sandy Lane (southern intersection) to Piggabeen Rd

$1,256,327 $5,047,612

(13) Cobaki Parkway Bridge over Piggabeen Creek

$4,703,400 $344,212

Income $5,600,650 $5,944,862 2012/13 (36) Kirkwood Rd

Construction - Fraser Dr to Falcon Way incl bridge over highway

$8,181,000 $-2,236,138

Income $5,852,082 $3,615,944 * Funded by Council therefore not included in balances in table.


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4. Projects A brief description of the projects listed in the above TRCP 5 Year Rolling Construction Program is as follows:- Kennedy Drive Right Turn Lane in Crystal Waters DriveA relatively minor project to reduce 'rear end' collisions at this intersection and to ensure eastbound through traffic is not delayed by vehicles turning right into Crystal Waters Drive. Minjungbal Drive extension of Right Turn Lane into Dry Dock RoadAnother minor project that will prevent right turning vehicles from obstructing southbound through traffic on Minjungbal Drive. The existing right turn lane does not have sufficient storage length for right turning vehicles which then queue into the through lanes causing unnecessary delay to traffic in peak hours. Koala Beach Connector RoadThis project connects the Koala Beach Subdivision to Seabreeze Estate to provide connectivity between the two estates. It will enable better public transport and access to the primary school for Seabreeze residents and future access for Koala Beach residents to the proposed high school and shopping centre. Joshua Street and West End Street Extensions to Barnby Street SubdivisionThese roads were identified in the Murwillumbah Distributor Road Network Traffic Study and will provide alternative access to the CBD for residents of this subdivision and Bellevue Heights/West Murwillumbah. It also connects to the future Cane Road extension from Queensland Road providing a bypass of the CBD. Piggabeen Road Deviation / BypassThis project has been under construction for some time due to difficult ground conditions but settlement is complete and pavement construction will commence shortly and should be completed by mid 2008. Funding for this project is from Council and meets part of Council's obligations under the TRCP No. 4. Old Lismore Road UpgradeWork on this project will be undertaken by developers of two subdivisions that involve Old Lismore Road. Intersections - Byangum Road/William Street, Byangum Road/West End Street, West End Street/Wentworth StreetUpgrades of these intersections will complement the West End Street Extension to the Barnby Street subdivision and generally improve safety at the three intersections. The form and extent of upgrading will be determined after traffic analysis and survey work is completed. Leisure Drive - widening to 4 lanes from Winders Place to Eucalyptus DriveLeisure Drive has already been widened at the Darlington Drive and Fraser Drive ends with the middle section being delayed until warranted by demand. Major congestion is being experienced between Woodlands Drive and Greenway Drive in peak hours partly due to the two lane roundabout at Greenway Drive not being fully utilised by motorists as they have to merge when exiting the roundabout. This project will improve the efficiency of this intersection and add road capacity.


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Kyogle Road - Clarrie Hall Dam Road to Palmers RoadThis project involves the upgrade of a section of Kyogle Road with poor alignment and some geotechnical stability issues. It will also cater for future growth west of Uki such as the proposed Kunghur village development. Cobaki Parkway - Boyd Street Overpass to Southern extent of Cobaki Lakes DevelopmentThis project will be constructed by the developer in a manner to allow the staged development of the Cobaki Lakes Development site. Old Lismore Road (North Arm Road End)This project upgrades the section of Old Lismore Rod for about 600 metres from North Arm Road and intersection improvements. Reserve Creek Road Reconstruction Tweed Valley Way to Quarry RoadWorks on this project allow for reconstruction and widening of this section of road to raise its standard to 'B' double status to facilitate expansion and development in the industrial area. This project will be funded by Council as part of its obligations under the TRCP. Cobaki Parkway - South of Cobaki Lakes to Piggabeen Road including BridgeThis project is part of the Cobaki Parkway/Scenic Drive Diversion road link. As it is south of the Cobaki Lakes development site it is expected that construction will be by Council. This work is subject to the resolution of traffic issues with Gold Coast City Council, Cobaki Lakes Developer and Tweed Shire Council. Kirkwood Road Construction/Falcon Way to Fraser Drive This project is part of the Lower Tweed and Pacific Highway Traffic Master Plan but has been brought forward 2.5 years. Whilst usage will not be optimised until the Wester Service Road is constructed between Kennedy Drive and Kirkwood Road it will attract some traffic off Leisure Drive and provide alternative access to Tweed City and other commercial areas for residents of Banora Point West and Terranora. 5. Revision of Program The 5 Year Program is based on best available information of the roll out of urban growth and subdivisions that control funds to the TRCP. However the growth/income projection in the 5 Year Plan will change over time and as a result, the above 5 Y

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