FINAL MINUTES - Mackay Council · MIN/21.10.2009 FOLIO 8476 junior AFL and junior rugby league...

FINAL MINUTES

21 October 2009

FINAL MINUTES WEDNESDAY 21 OCTOBER 2009

MIN/21.10.2009 FOLIO 8469

Table of Contents

Folio Date Particulars 8470 21.10.09 Ordinary Meeting 8499 30.09.09 Mackay Entertainment and Convention Centre Performance

Management Report 8504 30.09.09 Community Services Highlights and Significant Issues Report Declaration of Potential Conflict of Interest

CR W CAMERON (Ordinary Meeting - Item 7.7)


MIN/21.10.2009 FOLIO 8470

ORDINARY MEETING MINUTES

1. ATTENDANCE:

His Worship the Mayor, Cr C Meng (Chairperson), Crs G R Christensen, D T Comerford, P F Steindl, D J Perkins, D R Hatfield, D E Camilleri, W A Cameron and K J Casey were in attendance at the commencement of the meeting. Also present was Mr P Franks (Chief Executive Officer) and Ms D Jeffery (Minute Secretary).

The meeting commenced at 10:07am.

2. APOLOGIES:

THAT the apology on behalf of Crs Thomsen and May be accepted.

Moved Cr Casey Seconded Cr Cameron

CARRIED

3. CONDOLENCES:

Condolences were expressed at the passing of Suzanne McLauchlan.

4. CONFIRMATION OF MINUTES:

4.1 ORDINARY MEETING MINUTES - 14 OCTOBER 2009

THAT the Minutes of the Ordinary Meeting held on 14 October 2009 be confirmed.

Moved Cr Camilleri Seconded Cr Perkins

CARRIED

5. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil


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6. MAYORAL MINUTES:

Nil.

7. CORRESPONDENCE AND OFFICERS’ REPORTS:

7.1 2009 FOCUS ON WATER SEMINAR

File No Conferences Author Chief Executive Officer

Purpose

This report is to request that Council nominate Cr Deirdre Comerford as the Portfolio Councillor for Water to attend the 2009 Focus on Water Seminar to be held in Cairns on 3 November 2009.

Resource Implications

Costs of attendance are catered for in the current budget.

Conclusion

It is proposed that Cr Comerford be nominated to attend the 2009 Focus on Water Seminar to be held in Cairns on 3 November 2009.. Council Resolution

Chief Executive Officer's Recommendation

THAT Cr Comerford be appointed as Mackay Regional Council’s delegate to attend the 2009 Focus on Water Seminar to be held in Cairns on 3 November 2009.

Council Resolution

THAT the Chief Executive Officer's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Cameron

CARRIED


MIN/21.10.2009 FOLIO 8472

7.2 MACKAY ENTERTAINMENT AND CONVENTION CENTRE PERFORMANCE MANAGEMENT REPORT SEPTEMBER 2009

Author Manager Convention Precinct and Events

Purpose

Attached is the Performance Management Report for the Mackay Entertainment and Convention Centre for the period ended 30 September 2009. Council Resolution

Director's Recommendation

THAT the Performance Management Report be received. Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Christensen Seconded Cr Perkins

CARRIED

7.3 COMMUNITY SERVICES HIGHLIGHTS AND SIGNIFICANTS ISSUES REPORT - SEPTEMBER 2009

Author Director Community Services

Purpose

Attached is a copy of the Community Services Highlights and Significants Issues document for information purposes. uncil Resolution


THAT the report be received. Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Christensen Seconded Cr Steindl

CARRIED


MIN/21.10.2009 FOLIO 8473

7.4 LEASE - MACKAY JUNIOR RUGBY LEAGUE FOOTBALL INC AND STADIUM MACKAY PTY LTD

File No 003835-532-CI-1 (Lease D) Author Executive Manager Administration

Purpose

To approve a request from the Mackay Junior Rugby League Football Inc (MJRLF) and Stadium Mackay Pty Ltd (Stadium Mackay) to surrender the existing lease to MJRLF to be replaced with two (2) new separate leases, and in so doing allow for the lease for the new Stadium project.

Background/Discussion

The MJRLF holds a lease over an area of Reserve land in Casey Ave/Bridge Rd, with the lease set to expire on 31 March 2022, having commenced on 1 April 1992 (ie 30 year term). The land parcel is part of Lot 532 on CI 3835, being Reserve 277, a Reserve for Recreation purposes. Following discussions and negotiations between Stadium Mackay and the MJRLF, the parties have reached an agreed position regarding the surrender of the existing lease and the issue of two (2) new leases. The parties have further entered into a Deed of Agreement dated 25 September 2009 which sets out the associated details. In negotiating the Deed, Stadium Mackay has been able to provide associated benefits to the MJRLF by way of upgraded facilities, with monies for same to be provided from within the Australian Government funding for the overall project. The involved items include upgraded electricity supply, lighting to a nominated playing field, upgraded sewerage services, provision of a public address system, and construction of a minor facilities building including extra dressing rooms etc. The parties have agreed that such upgraded facilities will benefit not only the MJRLF but also the Stadium project, which will have improved ancillary facilities for major sporting events being conducted at the Stadium itself. A separate lease area is required by Stadium Mackay to meet the funding requirements for the monies being provided for the project by the Australian Government. In short, Stadium Mackay needs to show tenure over the development area. Council has previously provided written advice to Stadium Mackay advising that a Material Change of Use (MCU) application is not required for the project due to the fact that the proposed development is simply enhancement of existing sporting facilities within a recognised and currently utilised sporting Reserve area. As such, the future use of the facility should be in keeping with that of sporting (ie Rugby League) purposes. For any expanded usage, an MCU would be required. The Stadium Mackay project will require Operational Works and other building approvals, which Stadium Mackay are working through presently. The leases will be based on Council’s standard “community” type lease including peppercorn rental provisions. The MJRLF currently pays Council rates (with associated Community Rebate), and this requirement will also be contained within the new lease documentation. The MJRLF has also requested that given the area to be used for the Stadium project is to be on land previously leased to them, and that the Stadium project is integrally linked to the


MIN/21.10.2009 FOLIO 8474

operations of the adjacent MJRLF area, that should Stadium Mackay cease to operate for any reason or the Stadium Mackay lease area be surrendered, that the MJRLF be given first right of refusal to take-over the Stadium lease area on the same terms and conditions. This would appear to be a reasonable request.

Consultation and Communication

Council’s Technical Services section was directly consulted regarding potential extra land sections in the area. In this regard the available lease area has been modified by a reduction of 7m along Casey Ave and 5m along Bridge Rd. These to respectively allow for future road and drain widening activities. Technical Services are currently undertaking the design aspects for the “external” roadworks and carparking components associated with Casey Ave, the Casey Ave Bridge, and the overflow carpark at the end of Leisure Court. These works tie in with the requested road widening for Casey Ave. Council’s Development Services, and Water and Waste Services, Departments has been involved in discussions with Stadium Mackay regarding requirements for the project. Council’s Property Services and Recreation Services sections have been consulted regarding the proposed leasing changes. As the area is on Crown (Reserve) land, the consent of the Department of Environment and Resource Management(DERM) will be needed for the registration of the leases. A Management Plan is also needed to be provided to DERM for their consent along with the lease. This is being prepared in conjunction with Stadium Mackay and the MJRLF and will be lodged with DERM for approval along with the lease documentation.


Nil regarding the changes to leasing arrangements as requested. Council is separately discussing external roadworks, carparking and headworks requirements.

Conclusion

Given that the parties involved are agreeable to the proposed leases, and that by Council granting same, will allow a major sporting facility to be constructed, it is recommended that Council support the proposal to surrender the existing lease to the MJRLF in favour of two(2) separate new leases to the MJRLF and Stadium Mackay. Council Resolution


THAT Council agree to the surrender of the existing lease to the Mackay Junior Rugby League Football Inc over an area within Lot 532 on CI 3835. FURTHER THAT Council agree to issue separate community type leases to – a) Mackay Junior Rugby League Football Inc over an area of approx 7.62 hectares

within Lot 532 on CI 3835 for a term of twenty(20) years.


MIN/21.10.2009 FOLIO 8475

b) Stadium Mackay Pty Ltd over an area of approx 2.62 hectares within Lot 532 on CI 3835 for a term of twenty(20) years.

With such leases to be subject to the approval of the Department of Environment and Resource Management.

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Steindl Seconded Cr Camilleri

CARRIED

7.5 PROPOSED JOINT LEASE WALKERSTON BMX CLUB, WALKERSTON CRICKET CLUB AND MACKAY CYCLING CLUB

Author Manager Recreation and Sport

Purpose

To consider a request from Walkerston BMX Club, Walkerston Cricket Club and Mackay Cycling club for the issue of a joint community Lease for the Reserve on 58 Creek Street, McLennan Park, Walkerston. Also, to consider that the public toilet facility on McLennan Park be included within the Lease area for shared usage of all clubs that use the sporting precinct.


Walkerston BMX Club, Walkerston Cricket Club and Mackay Cycling Club have been actively operating sport and recreational activities in Walkerston on Lot 95 on W19012 for a reported period of over fifty (50) years. It is reported by the three clubs that the McLennan Park in Walkerston was originally a stock paddock used as a football field on the weekends. In the 1960s, it is also reported that the land was donated to the clubs from the McLennan family and that the cycle club along with the help and equipment from the McLennan family built the velodrome and incorporated a BMX dirt track. The area is a Reserve under the control of the Department of Environmental Resource Management, and as such a maximum lease term of twenty (20) years is allowed. Any new lease would be based on the existing community type lease, inclusive of peppercorn rental provisions etc. The granting of a lease on the existing footprint is not considered to cause any issues to Council, and would allow for the continued development of BMX riders, cyclists, cricketers,


MIN/21.10.2009 FOLIO 8476

junior AFL and junior rugby league players in the Mackay region by giving some certainty of tenure and thus allow for successful funding applications. An agreement has been reached by all parties that the leased area could be held jointly to the satisfactory use of all involved. As BMX is separate from the velodrome and cricket pitch, it would not propose any inconveniences for the Cycling and Cricket Club to continue operations. In addition, it is also being proposed for the public toilet facility within this boundary to be within the lease and accessible to all three clubs. The toilet facility is currently only being opened and utilised when club activities occur as they have the keys, therefore this will not cause any further implications to the public as they have not been accessible. Parks & Environment are agreeable to this, and the maintenance of the facility will be the responsibility of the clubs under the joint lease. Once the Lease has been established, it is proposed that the three clubs will develop an agreement between the clubs on the maintenance and operations for the area i.e. Lawn mowing, rubbish collection etc., including the division of electricity costs. Consultation Agreement has been obtained for a joint lease from the Walkerston BMX Club, Walkerston Cricket Club and Mackay Cycling club. The three clubs are aware that a lease over the area will incur rates and are eligible to apply for a 50% rebate being a community not-for-profit organisation. The McLennan Park sporting precinct has been actively running sporting and recreational activities for many years prior to it being developed into a residential area. It is reported that the clubs have an excellent relationship with the immediate neighbours (who watch the area for vandalism and inform committee members if lights have been left on). Given that the area is a Reserve for which Council is simply the Trustee, final approval of any Lease rests with the Department of Environmental Resource Management.


Encouragement should be given to groups who are willing to work together in the use of Council Reserve areas. By joining, the combined groups have a better chance of resourcing maintenance needs, and of obtaining funding grants. This will mean better facilities for all groups than could be achieved individually.

Council provides no direct assistance to Walkerston BMX Club, Walkerston Cricket Club and Mackay Cycling Club, other than following formal application via Council’s processes such as the Community Grants program and in-kind assistance.

Conclusion

It is considered that a joint Lease should be approved by Council over the area. In doing so the combined resources of the groups will enable better development of the area, and also diverse and increased usage.


MIN/21.10.2009 FOLIO 8477

Further, given that Walkerston BMX Club, Walkerston Cricket Club and Mackay Cycling Club have operated from the site for decades without incident, it is recommended the lease be approved for the area for a term of twenty (20) years.

Council Resolution

Director’s Recommendation

THAT Council agree to approve a joint lease to the Walkerston BMX Club, Walkerston Cricket Club and Mackay Cycling Club of the area 3.28600 ha of lot 95 on W19012 for a term of twenty (20) years, subject to the approval of the Department of Environmental Resource Management. AND THAT Council agree to include the public toilet facility within the lease

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Steindl Seconded Cr Hatfield

CARRIED

7.6 DEVELOPMENT SERVICES HIGHLIGHTS & SIGNIFICANT ISSUES REPORT - MONTH ENDED 30 SEPTEMBER 2009

Author DIRECTOR DEVELOPMENT SERVICES

Purpose

To review Development Services Department highlights and significant issues for the month ended 30 September 2009.

Background and Discussion

Highlights and Significant Issues for period are as follows: - Development Assessment - Engineering

Description Current

Month Previous Year

Month Comparison

Average per Month since

July 2008 Number of current applications 41 65 49 Operational Works applications Received 15 19 10 Operational Works applications Finalised 9 6 11 Average days from Lodged to Finalised 72 days 89 days 74 days Average days in Decision Making Period 13 days 14 days 22 days Plans of Survey applications Received 22 20 17 Average number of days to sign 23 days 27 days 26 days


MIN/21.10.2009 FOLIO 8478

Description Current Month

Previous Year Month

Comparison


July 2008 Plans of Survey applications finalised 11 15 17 Number of lots sealed 24 142 98 Minor Works applications Received 83 60 68 Minor Works applications Finalised 105 23 72 Average days from lodged to decided 7 days 30 days 38 days

Development Assessment - Planning

Applications Received

Description Current

Month Previous Year

Month Comparison


July 2008 Development Applications Received 41 57 50 Material Change of Use - Code 23 37 30 Material Change of Use - Impact 9 5 7 Reconfiguration of a Lot - less than 6 6 11 9 Reconfiguration of a Lot - between 6 and 10 1 2 1 Reconfiguration of a Lot - more than 10 0 0 1 Combined Applications 2 2 2 Number of Concurrence applications received

8 - 4

Requests for Negotiated Decision Notices 3 7 9 Notices of Appeal 1 1 1 Form 2 Requests (Change of Approval, Change of Conditions & Extension of Currency Period).

3 4 4

Development Applications Code & Risk Smart:


Previous Year Month

Comparison


July 2008 Number of current (MCU/ROL) applications (end of month)

101 166 147

Number of applications in Decision Making Period (end of month)

28 49 46

Number of applications Decided 27 41 42 Average Number of days in Decision Making Period

19 days 13 days 23 days

*Average time to Decide a Development Application (lodgement to decision)


*3 applications had Engineering Referrals which took an average of 116 days; 1 application had Information Request which took an average of 147 days; 1 application had External Referrals which took an average of 8 months; 1 application was in abeyance for 6 months on request of applicant.


MIN/21.10.2009 FOLIO 8479

Development Applications Impact:


Previous Year Month

Comparison


July 2008 Number of current (MCU/ROL) applications (end of month)

65 101 83

Number of applications in Decision Making Period (end of month)

23 34 30

Number of applications Decided 14 11 8 Average Number of days in Decision Making Period


Average time to Decide a Development Application (lodgement to decision)


Contributions Received Total Water Drainage Waste

Water Roads Parklands

Year to Date

$2,891,214 $401,501 $69,494 $764,112 $1,372,605 $283,502

September 2009

$228,562 $64,113 - $34,654 $53,250 $76,545

Town Planning Certificates: Type Current Month

Received Current Month

Actioned Average per

Month since July 2008

Limited 24 18 14 Standard 1 1 2 Full 0 0 1

Duty Planner Enquiries Enquiries No. Face to Face appointments (Sarina, Mackay and Mirani)

53

Email and Fax 225 Compliance Section Status of Compliance Activities:


MIN/21.10.2009 FOLIO 8480

Description Current

Month Previous

Year Month Comparison

Average over 15 Months

Average Days to Finalise

Complaint current Month


Complaint over 15 Months

Requests for action Received for the month

44 45 45 - -

Requests for action Finalised for the month

35 34 50 25 79

Show Cause Notices issued

18 5 9 Unable to extract

Unable to extract

Enforcement Notices issued


Unable to extract

Local Laws Notices issued


Unable to extract

Cases Requiring on-going Intervention


Unable to extract

29 Cases currently at ‘Legal Action Commenced’ phase, of which 22 are intending to lodge MCU applications or engagement of Private Certifier and are pending that result. Compliance Task system within Pathways has been substantially completed which will enable better monitoring and reporting. It is envisaged that final checks and training will be completed in October and system implemented directly after training. Enforcement training by an external provider is scheduled for last this month. Development Compliance Officer (Stewart Neill) has resigned and recruitment has started for a replacement. Governance Development Description Current

Month Previous Year

Month Comparison


Private Certified Applications received (Building applications lodged by certifiers)

286 237 223

Value of Building Works $40,394,823 $23,440,934 $36,835,121 Detached Dwellings 101 48 65 Attached Dwellings 4 6 17 Building Application Audits (Audits of building files by Building Surveyor & Plumbing Inspector)

30 0 14

Building Records Searches A database search of approved structures on properties)

52 37 46


MIN/21.10.2009 FOLIO 8481

Health – General Inspections (Complaint Based) Type Current

Month Previous Year

Month Comparison


Dust 5 0 2 Illegal Camping 2 2 2 Malodours 5 3 3 Mosquito 2 3 15 Noise 6 2 3 Nuisances 3 0 5 Overgrown Land / Untidy Properties

1 6 4

Smoke 1 1 2 Vermin Control 4 0 2 Water Pollution 2 0 2 Sewerage 0 1 1 Light 0 0 1

Local Laws Complaints

Category Current Month

Previous Year Month Comparison

Average Number over 15 months


Compliant Current Month


Complaint over 15 months

Abandoned Cars 25 36 29 6 11 Dogs Barking 42 36 33 18 20 Dogs Aggressive 29 53 38 12 10 Dogs Straying 96 120 111 7 9 Dogs Excessive numbers/unregistered 7 8 8 10 20

Parking Issues 6 8 5 12 18 Livestock/Poultry/Birds 25 31 26 9 8 Untidy and Overgrown 27 33 56 12 13 Miscellaneous 8 13 12 21 23

Parking


Previous Year Month Comparison


% Unpaid over 15 Months

Number of Infringements 658 689 681 37% Number of Appeals 60 49 59 Machine Faults Received 37 32 44

Dog Registrations


MIN/21.10.2009 FOLIO 8482

Registrations Number

Registrations at beginning of month 12645 Registrations for Previous Month 209

Strategic Planning

Waterways & Open Space

PROJECT PROGRESS PLANNED ACTIVITIES

1.1 Stormwater Studies

Bakers Creek Stockroute Road East Stormwater Trunk Infrastructure Study

– Report received. – Discussions to be held in November with Stakeholder government departments such as DERM & QPIF.

Kellys Road Catchment Stormwater Trunk Infrastructure Study

– Addendum Report to be prepared.

– Costs expected to be updated in November in Addendum Report.

McCreadys Creek South Stormwater Trunk Infrastructure Study

– Council approved.

– Brief to be email to consultant to undertake the study.

Review of 2006 Mackay Stormwater Quality Management Plan

– Consultants preparing findings from workshop.

– Briefing to Council in November on review and actions going forward.

Example Site Based Stormwater Management Plan

– Consultants appointed to assist in developing example site based stormwater management plans for small residential lots and industry lots.

– Continue development of templates for developers.

– Draft templates expected to be finalised in November.

1.2 Flood Studies Goosepond Creek Flood Study

– Study has been finalised.

– Report to Council in October and commence community consultation process.

Pioneer River Flood Study

– Awaiting ground level data (Aerial Laser Scanning)

– Study to recommence following receipt of data which is expected in mid October.

– Email Council on status of Study update following receipt of data.

1.3 Open Space


MIN/21.10.2009 FOLIO 8483

PROJECT PROGRESS PLANNED ACTIVITIES Open Space Policy Review

– Pending – Report to Council in October to commence review of Open Space Policy.

– Workshop with development industry early in the review process to get their input.

1.4 Erosion and Sediment Control

Review best practice guidelines

– Confirm training dates for ESC workshops late 2009.

– Review of IECA guidelines undertaken.

– Investigated enforcement of ESC.

Review policies to incorporate Erosion and Sediment Control

– Ongoing.

– Updating Engineering Design Guidelines for ESC.

2. Local Area Planning


2.1 Planning Scheme Maintenance

Mackay PS Amendments 3 of 2007: Car Parking provisions

– Ongoing discussion to resolve 2nd State Interest Review.

– Received some comments from DIP early September.

– Check with DIP, still completing 2nd State Interest Review.

Mirani PS Amendments 1 of 2007

– Council resolved to proceed with amendments, with modifications.

– 2nd State Interest Review passed.

– Report to Council in early October to adopt proposed amendments, with modifications.

– Gazettal expected early November.

Mackay PS Amendments 1 of 2009 (priority amendments)

– On-going. – Draft Scheduled finalised and distributed to internal stakeholders for further comment prior to report to Council.

2.2 Local Planning Instruments

Farm Forestry

– To be canvassed in next round of Planning Scheme Amendments.

Mirani and Marian LAP

– Inception Report received by Council on 9 September.

– Facilitator for Enquiry by Design Workshop to be secured.


MIN/21.10.2009 FOLIO 8484

PROJECT PROGRESS PLANNED ACTIVITIES Future growth area - Masterplan (Ooralea)

– Inception Report received by Council on 9 September.

– Enquiry by Design Workshop to be held in 2010.

Other: Midge Point

– Developer to prepare a draft Local Area Plan.

– Information provided to Consultant.

2.3 SPA Planning Scheme

New Planning Scheme

– Awaiting finalisation of Queensland Planning Provisions.

– Ongoing.

2.4 Heritage Planning

Heritage Information Kit

– Heritage Information Guides being prepared.

– Final layout being organised with Corporate Communications.

Heritage Advisory Committee

– Ongoing. – Next HAC meeting on 13 November – last meeting for 2009.

3. Regional & Strategic Planning


3.1 WHAM Regional Plan

– Social Infrastructure Audit

– Infrastructure Audit – APODs – Regional – APODs – Local – Transport Model – LUPTAI Model

– Participated with DIP in preliminary workshop for Mackay APODS.

– Undertake internal workshop for Mackay APODS.

– Report to Council in late 2009 on current status and progress of APODs.

3.2 Mackay Strategic Plan

Scoping – Initial workshop undertaken on scoping the activities and preliminary information collected.

Nil

Strategic Plan – On-going – Prepared Draft scoping report.

Residential Densities Strategy

– Consultants brief has been issued.

– Consultant to be appointed in??


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4. PIPs


4.1 Infrastructure Policies

Developer Contributions Policies Mackay Planning Scheme Parks Contribution Policy 16.02 – proposed amendments

– Report received by council to adopt policy with modifications.

– On hold pending Ministerial support

4.2 Indexation Indexation of Contribution Rates

– Publication of the next round of developer contribution charges rates (charging path capping) - October 2009.

– Preparing charging path capping for December 2009.

4.3 PIPs Mackay PIP – Project development plan

developed. – Preparation of 3rd

Submission of Planning Assumptions for the Mackay PIP

– Ongoing. – Ongoing.

4.4 Transport Planning

Mackay Area Integrated Transport Study (MAITS)

– Meeting with DMR held in September.

– Project ongoing.

Health and Regulatory Services

1. Environmental Health 1.1 Inspections Licensed Premises

Premises Type Routine Work Inspection

Complaint Inspections

Caravan Parks 2 2 Flammable Liquids 5 0 Food 62 5 Accommodation 3 3 Swimming Pools 2 0 Vendors 3 0


MIN/21.10.2009 FOLIO 8486

Premises Type Routine Work Inspection

Complaint Inspections

Outdoor Events 1 0 Temporary Foods 19 0

1.2 Licensed Premises Annual Registered Inspections

Premises Premises Inspected this

month

Premises Inspected in

2009

Total No. Licensed Premises

Caravan Parks 4 37 22 Flammable Liquids 5 31 139 Food 67 405 559 Footpath Dining 0 10 15 Accommodation 6 87 68 Swimming Pools 2 66 73 Vendors 3 22 12 Skin Penetration 0 15 7

2. Environmental Protection 2.1 Environmentally Relevant Activity Registrations

Categories Enquiries Inspections Complaints Chemical Storage 3 0 0 Abrasive Blasting 0 1 0 Boiler Making or Engineering 5 2 0 Motor Vehicle Workshop 6 5 0 Surface Coating 1 0 0 Concrete Batching 3 0 0 Wooden Product Manufacturing 1 0 0

2.2 Registered Premises

Premises Premises Inspected this month


2009


Poultry Farming 0 0 1 Asphalt Manufacturing 0 0 1 Chemical Storage 0 15 63 Plastic Product Manufacturing 0 6 6 Abrasive Blasting 1 12 15 Boiler Making or Engineering 2 71 110 Metal Forming 0 5 12 Metal Recovery 0 3 8 Motor Vehicle Workshop 5 134 202 Printing 0 0 7


MIN/21.10.2009 FOLIO 8487

Premises Premises Inspected this month


2009


Surface Coating 0 18 17 Concrete Batching 0 2 12 Wooden Product Manufacturing 0 7 29 Boat Maintenance/Repair 0 0 6

3. Vector Control

Sites Inspected Sites Treated Hectares Treated 184 91 2020 ha

4. Pest Management 4.1 Declared Weeds

Plants: Enquiries Inspection Parthenium Weed 4 6 Sicklepod 1 0 Lantana 2 0 Other Plant 1 0

4.2 Declared Animals Animals Enquiries Traps Dingo/Wild Dog 2 2 Feral Pig 1 1

Smart Housing Working Group

The Smart Housing working Group met on 28 September 2009, matters discussed included: • New Pool Fence Regulations; • Roof installation; • On-site stormwater drainage; • Roof to kerb stormwater drainage requirements; • Sewer plan availability; • Study Tour 2010; and • The new Sustainable Planning Act.

Next meeting is to be held on 19 November 2009.

Affordable Housing Working Group

The Affordable Housing Working Group met on 25 September 2009, matters discussed included: • The current Residential Densities Strategy initiative;


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• The removal of administrative barriers to smaller Residential lots, • The so called "Gold Platted Engineering" Standards; • A public awareness campaign to promote Council initiatives to improve affordability; • Staff education in regard to affordability issues; and • Study Tour 2010. Next meeting is to be held on 3 December 2009.

Development Industry Forum

The development Industry Forum met on 21 September 2009, matters discussed included: • KPI's for Development Application processing; • Residential Land Rates Assessment; • Engineering Standards; • Customer Service and the Development Services Business Centre; • The role out of Risk Smart Assessment; • Review of the Open Space Policy; • Electronic Development Application Lodgement; • Well Made Development Applications; • Progress on the PIP's; • The new Sustainable Planning Act; • Housing Affordability; • Steepland Policy; • Survey Plan Sealing; • Planning Scheme Amendments; • Mackay Strategy Vision; • Standard Conditions; • Fees and Charges 2010; • Soil and Erosion Control; • Engineering Codes; • New Coastal Plan; • Stormwater Quality Management Plans; • Pioneer River Flood Study; and • Industrial Lot Sizes.

Next meeting is to be held in late February 2010, date yet to be confirmed.

Critical Activities Proposed for the Next Month

• Increased activation of the Development Services Business Centre. • Briefings to Council to establish service levels (KPI's).

Consultation

There has been consultation with Development Services Program Managers.


MIN/21.10.2009 FOLIO 8489


Nil.

Conclusion

While the number and size of new development applications continues to be down compared with earlier (recent) years, all other activities across the Department remain high. The reduced number of Development Applications is providing an opportunity to push ahead with some Strategic Planning initiatives. Council Resolution


THAT this report be received. Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Hatfield Seconded Cr Camilleri

CARRIED

Cr Cameron declared a perceived potential conflict of interest (relative resident of Complex) in respect to Item No.7.7, but remained in the Council Chambers whilst the item was being discussed and a decision taken thereon.

7.7 VILLAGE LIFE SENIOR CITIZENS COMPLEX - PETITION RESPONSE

File No Village Life Senior Citizens Complex Author Manager Technical Services

Purpose

Council at its 22 July 2009 Ordinary Meeting resolved to accept a petition from residents of the Village Life Senior Citizens Rental Complex at 21 Oak Street, Andergrove in relation to the establishment of a bus set down and that a report in relation to this matter be prepared. This report is in response to the resolution and recommends that whilst it is not appropriate to install a bus stop at the requested location, that a seat be provided for the use of residents of the Centre.


The petition received from the Village Life Senior Citizens Complex highlighted a number of requests, as follows:


MIN/21.10.2009 FOLIO 8490

• Construct a bus set down adjacent to the existing bus shelter at the complex, or • Establish a pedestrian crossing through the median island to the footpath on the northern

side of Oak Street. • Upgrade the footway at the Maple Street / Oak Street intersection to a concrete footway and

install a bus shelter and seat in Maple Drive at the bus hailing point, or • Establish a bus shelter and hailing point some 75m west of the Maple/Oak intersection on

Oak Street including a bus shelter.

Initially consideration has been given to the proposal for the establishment of a bus set down and shelter adjacent to the Village Life development. Given traffic volumes at this location and the presence of the through and slip lane, the attached sketch provides for a proposal to establish an indented bus bay to the appropriate standards. Similarly based on the presence of a bike lane, the proposed establishment of a bus shelter and the need to maintain hierarchy road verge widths so that service corridors can be maintained leads to the proposed establishment of these structures at this location requiring land acquisitions as per the attached together with significant water, sewer and electrical relocations. Cost estimates for proposed works are of the order of $240,000. Given the magnitude of the cost estimates the other alternatives and, in fact, the current status of bus services at this location has been reviewed. • Currently a bus shelter and concrete pathway servicing it exists at the Oak Street frontage

of the Supermarket, some 270m to the west of the proposed location. While the basis of the petition is that this is too remote it is within the normal 400m radius for residential areas.

• The alternative options raised by the petitioners provide for a pathway and shelter to be established on Maple Drive. The current bus route it southbound only on Maple Drive so residents would be required to cross Oak Street to the northern side via the existing refuge, and then Maple Drive via a similar structure to a shelter to be established on the eastern side of Maple Drive. The request has included the establishment of a pedestrian crossing in Oak Street, however both traffic volumes and pedestrian numbers do not justify or support such an installation. Establishment of a refuge on the eastern side of the intersection due to presence of the right slip lane is not appropriate. Establishment of a bus shelter on Maple Drive would need to be at a point some 150m overall travel distance from Village Life so that an adequate width set down bay can be established due to transition of kerbside lanes towards the intersection. Similar issues would be experienced with verge widths for bus shelter establishment as previously and, it would be expected, complaints received due to the establishment of the shelter adjacent to residences. Cost estimates for footpath extension, refuge construction, bus shelter establishment and service relocation / land acquisition would be of the order of $95,000.

• The final option raised was to establish a set down / pick up on Oak Street some distance to the west of Village Life intermediate to the current shelter. Insufficient kerbside lane width exists so an indented bus bay would be required. Similar issues exist in maintaining bicycle paths and verge width requiring an acquisition of adjacent lands. Estimated costs would be of the order of $140,000 and travel distance from Village Life being approximately 100 metres.


MIN/21.10.2009 FOLIO 8491

Given the above option consideration it is suggested that the basic premise of suitable walking travel distances is the determination to be made. Current distance of 270m is within normal expectations for residential development (400m radius). While resident have indicated via the petition that they believe this is not acceptable, it is suggested that Council and the community have provided facilities to the required standard. It is recognised that residents of the complex are elderly and that walking travel distances can be taxing. In order to address this matter or at least provide intermediate relief in the walk to the existing bus stop and shelter in Oak Street, it is proposed that a seat be provided on the south side of Oak Street near the Campbell Street intersection.


Director Engineering Services Manager Technical Services Traffic and Investigation Co-ordinator


Possible future budget allocation.

Conclusion

Petitioners from Village Life have requested consideration of the establishment of additional bus set down and shelter facilities at a closer proximity to their facility than currently available (270m). The current structure is located within the normally provided service radius. Whilst it is considered that the existing bus stop and shelter provides for the surrounding community, it is proposed that a seat be installed in Oak Street between the Village Life Senior Citizens Complex and the existing bus stop. Council Resolution


THAT: 1) Village Life Petitioners be advised that the current bus set down and shelter

facility some 270m to the west of Village Life is within a radius normally expected to service residential developments.

2) A pedestrian seat be installed approximately midway between the entry to the

Village Life Senior Citizens Complex and the existing bus stop and shelter on the south side of Oak Street.

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Casey Seconded Cr Camilleri

CARRIED


MIN/21.10.2009 FOLIO 8492

7.8 SANDBAG ALTERNATIVE - REBATE PROPOSAL

File No Disaster Management Author Director Engineering Services

Purpose

To present to Council for consideration a proposal for Council to provide a subsidy to residents of the region should they wish to become proactive and purchase currently available commercial alternatives to the conventional sandbags.


Over the past two (2) years in particular, residents of the region have become more aware of the need to protect their properties from inundation due to flooding. During the floods in February 2008 in excess of 4000 residents suffered the effects of water inundation of the habitable room of their house. Many residents and business owners are conscious of the fact that their homes or buildings are in the flood plain of Mackay and have been proactive in protecting their properties. This has taken a number of forms, but in a significant number of cases this has been on the basis of obtaining sandbags from Council's depots immediately prior to or during a significant storm or flood event. This proactive approach is commended and has been supported by Council with the system of sandbag preparation improved in recent years with the purchase of sandbag filling machines to assist in meeting this community demand. However, in each instance where a threat of an event or indeed a potential flooding threat occurs, Council and SES resources that could be used to more broadly deal with flooding issues across the area, are deployed to the filling and distribution of sandbags at this most critical time to the community. This is also a critical time for residents who often line up to get sandbags at Council's depots in heavy rain and inclement weather, conscious that their property may be at risk. Recent research into the development of products that provide the same type of protection as sandbags has now enabled residents to be even more prepared in the event of potential inundation. These commercially available 'inflating' sandbags can be readily stored in residents homes until the potential for a threat materialises. These products are lightweight, easily stored for futures use, ready for use in minutes, easy to dispose of when used and it is agreed are more effective than traditional sandbags. By having a supply of these products immediately available it will also serve the purpose of the resident knowing that they do not have to line up for sandbags to be distributed by Council staff and as such, more effectively spend their time making the necessary precautions to protect their property. And by reducing the demand on Council and SES resources in the fill and distribution


MIN/21.10.2009 FOLIO 8493

of the sandbags to residents, these resources can then be utilised in other areas of emergency activities. As mentioned there are a number of products on the market that are currently available but Council does not distinguish between them or promote one over the other. However, the concept has merit and Council support any initiatives that can assist residents in being proactive in the protection of their homes and businesses. Companies that distribute the products in Australia are responsible for arranging local distribution outlets in Mackay. As such, to assist residents with the initial purchase of these 'inflating' sandbags it is proposed that Council provide a rebate to residents once they have purchased the bags. It is proposed that a rebate of $5 per bag be made available, up to a maximum rebate of $25 (re: - 5 bags). Once residents have purchased the bags, proof of receipt will need to be made together with evidence of residency within the Mackay Regional Council area, either by sending the completed form to Council or attending a Council Customer Service Centre. A refund cheque will then be sent to eligible applications. Only one rebate to a maximum of $25 will be available to each residence.


• Briefing of Council • Emergency Management Coordinator • SES Controller • Director Corporate Services


The maximum rebate available to each residential or business premise is $25 (i.e. $5 per bag). It is anticipated that only those residents in critical low lying areas or those with a history of inundation will make use of this opportunity. The estimated cost to Council could be in the order of $25,000. Funds generated from the Disaster Response Levy are available to meet the cost of this initiative.

Conclusion

The ability for residents and businesses in the Mackay region to further their ability to protect their homes and assets is very important. The peace of mind in knowing that they have a safe, convenient and readily available alternative to sandbags at hand in the event of a flooding threat to their property, is considered beneficial in introducing this rebate program. The other critical consideration from Council's perspective is the ability to allocate its emergency management staff leading up to and during an event. Council Resolution


MIN/21.10.2009 FOLIO 8494


THAT Council introduce a rebate scheme for residents and businesses across the region associated with the purchase of 'inflating' sandbags.

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Casey Seconded Cr Comerford

CARRIED

8. CONSIDERATION OF COMMITTEE REPORTS:

Nil.

9. RECEIPT OF PETITIONS:

9.1 PETITION - SEAL AND RECTIFY HILL STREET, PROSPECT STREET AND BALL STREET, ETON

THAT the petition be received and a report be presented to a future Council meeting.

Moved Cr Christensen Seconded Cr Casey

CARRIED

10. TENDERS:

Nil.

11. CONSIDERATION OF NOTIFIED MOTIONS

Nil.

12. LATE BUSINESS:

Nil.


MIN/21.10.2009 FOLIO 8495

13. PUBLIC PARTICIPATION:

Nil

14. CONFIDENTIAL REPORTS:

14.1 RESOLUTION OF COUNCIL'S FINANCIAL CONTRIBUTION TO WORKS AT BLACKS BEACH COVE

Council Resolution

THAT Council authorise the Chief Executive Officer and Director Development Services to resolve the claim within the parameters set out in the Claim in an attempt to avoid legal action.


CARRIED

14.2 WORKS AT FUSION APARTMENTS - RESOLUTION OF COUNCIL'S FINANCIAL CONTRIBUTION

Council Resolution

THAT the matter be deferred to the Ordinary Meeting of 28 October 2009.


CARRIED

14.3 CONFIDENTIAL REPORT - SUPERINTENDENCY SERVICES MRC 2010-010 FOR THE PAGET DEPOT PROJECT

Council Resolution

THAT CPS be engaged for the Superintendency Services for the Paget Depot Project, MRC 2010-010 for the lump sum amount $547,500.00 excl GST.

Moved Cr Camilleri Seconded Cr Steindl

CARRIED


MIN/21.10.2009 FOLIO 8496

14.4 LIST OF VACANT/COMMERCIAL PROPERTIES WITH 1 YEAR OVERDUE RATES FOR COUNCIL CONSIDERATION FOR SALE OF LAND FOR ARREARS OF RATES

Council Resolution

THAT the matter be deferred to the Ordinary Meeting of 11 November 2009.

Moved Cr Perkins Seconded Cr Hatfield

CARRIED

15. MEETING CLOSURE

The meeting closed at 10:57am.

16. FOR INFORMATION ONLY

16.1 DEVELOPMENT APPLICATION INFORMATION - 04.10.09 TO 10.10.09

For Council Information Only - No Decision Required. Development Applications Received

App no Address Applicant Description Officer OW-2008-144 L 57 Melba Street,

ARMSTRONG BEACH

Robert Dunn Operational works Renan Solatan

DA-2009-387 14 Patterson Street, MIDGE POINT

Baymanor Pty Ltd Reconfiguration of 1 lot into 2 Rural Residential Lots

Sonia Cannell

OW-2007-92 5 Matsen Street, BAKERS CREEK

John A Milne Extension of Currency Period - Operational Works for 2 Urban Residential Lots.

DA-2009-369 183 Shoal Point Road, SHOAL POINT

Royal Sands Balance Land Pty

Reconfiguration of a lot to create 2 management lots for future stages of 9A and 9B of the Royal Sands Estate plus balance lot now amended to be 1 management lot plus balance lot

John Caldwell

OW-2009-77 25 Evans Avenue, NORTH MACKAY

T F Woolam & Sons Pty Ltd

Operational works - commercial development "The avenue"

Renan Solatan

OW-2009-82 59 Peak Downs Highway, WALKERSTON

Opus Qantec McWilliam

16 Lot Residential Subdivision Colin Kelleher


MIN/21.10.2009 FOLIO 8497

App no Address Applicant Description Officer DA-2009-380 12 Carl Street,

RURAL VIEW Frederic J Gros-Dubois

Material Change of Use - preliminary approval - locality concept plan and development permit - service industry

Dennis O'Riely

DA-2009-381 21 Poulsen Drive, MARIAN

Peter J Goodworth Material change of Use - Oversized shed & Boundary Relaxation

Sonia Cannell

DA-2009-376 14 Len Shield Street, PAGET

Whitsunday Design & Drafting Pty Ltd

Material Change of Use - General Industry

Dean Appleton

DA-2009-371 44 Rae Street, EAST MACKAY

Thomas H Carey Material change of Use - 3 Multi dwelling units

Simon Halcrow

OW-2007-112 4 Danastas Avenue, EIMEO

Lexco Pty Ltd Operational Works for 33 Urban Residential lots - extension to currency

DA-2009-382 870 Mackay-Eungella Road, PLEYSTOWE

Majestic Development Services

Material Change of Use - Dwelling House situated in the Flood and Inundation Overlay

Sonia Cannell

Development Applications Finalised

App No Location Applicant Description Officer

Approved Subject to Conditions

OW-2009-71 9 Quarry Street NORTH MACKAY QLD 4740

STP Consultants Pty Ltd Operational Works - Stormwater Colin Kelleher

DA-2009-301 7 Mill Street FINCH HATTON QLD 4756

Gavin J Wright 2 x Multiple Dwelling Units Dean Appleton

DA-2007-233A 70 Main Street BAKERS CREEK QLD 4740

Don Heaney Change to 5 Conditions - Reconfiguration of 1 Lot to create 12 Urban Residential Lots * Stage 1 - 7 Urban Residential Lots and Balance Land * Stage 2 - 5 Urban Residential Lots

Dennis O'Riely

DA-2009-362 15 Campbells Ridge Road BALBERRA QLD 4740

Jennifer D Busson Reconfiguration of 2 Lots into 2 Lots by boundary re-alignment

Helle Jorgensen Smith

DA-2009-289 49-51 Pacific Avenue SARINA QLD 4737

Pacific Property Developers

Reconfiguration of a Lot (4 Town Zone -Residential Precinct Lots into 8 Lots of less than 600m2)

Josephine McCann

DA-2009-321 10 Sologinkin Road RURAL VIEW QLD 4740

Development Planning & Approvals

Residential Storage Sheds - Additional Shed of 60m2. (Total Shed area of 141m2).

Josephine McCann

DA-2009-331 4 Keats Street MACKAY QLD 4740

Outlaws Motorcycle Club (Mackay) Inc

Residential Storage Shed exceeding 10% of Site Area. (Shed of 60m2 on 405m2 site).

Josephine McCann

DA-2009-119A 83-113 Farrellys Road PAGET QLD 4740

Gateway National Industrial Development - General Industry (Car Repair Workshop) Change to condition 7 and deletion of requirement for Operational Works approval from Decision Notice.

Leah Sorohan

DA-2009-121A 83-113 Farrellys Road PAGET QLD 4740

Gateway National Industrial development - Warehouse Change to condition 7 and removal of requirement for Operational Works Approval

Leah Sorohan


MIN/21.10.2009 FOLIO 8498

App No Location Applicant Description Officer

DA-2009-373 18 Driftwood Close GRASSTREE BEACH QLD 4740

Sunstate Garages & Sheds

Material Change of Use - Oversize shed and setback variation

Leah Sorohan

OW-2009-75 57 Coles Road ANDERGROVE QLD 4740

Development Planning & Approvals

4 lot subdivision Peter Bratt

DA-2004-61B 1A Beaconsfield Road BEACONSFIELD QLD 4740

John Harris Amendent to Conditions of Approval - Combined Application for Material Change of Use - Impact Assessment - Retirement Village (219 units), Manager's residence and Ancillary Communal Facilities and Reconfiguration of a Lot to create 2 Lots.

Shane Kleve

DA-2009-296 23 Mowlam Street EIMEO QLD 4740

Alison R Pembroke Setback Variation for a Residential Storage Shed situated in an Image Corridor

Simon Halcrow

DA-2009-361 7 Brown Street KOUMALA QLD 4738

Sunstate Garages & Sheds

Oversized Outbuilding Simon Halcrow

DA-2009-227 L 1 M McClures Road BENHOLME QLD 4754

Dawson Surveying Boundary Realignment of 2 Rural Lots Sonia Cannell

Application Lapsed

DA-2008-451 L 6 Kennys Road MARIAN QLD 4753

Morvale Developments Pty Ltd

Combined Application for Material Change of Use (preliminary approval - dwelling houses and local parkland uses in the Urban expansion zone) AND Reconfiguration (development permit for Stages 3 and 4 83 residential lots and 3 park lots)

Leah Sorohan

Confirmed on Wednesday 28 October 2009.

……………………………………… MAYOR


MIN/21.10.2009 FOLIO 8499


MIN/21.10.2009 FOLIO 8500


MIN/21.10.2009 FOLIO 8501


MIN/21.10.2009 FOLIO 8502


MIN/21.10.2009 FOLIO 8503


MIN/21.10.2009 FOLIO 8504


MIN/21.10.2009 FOLIO 8505


MIN/21.10.2009 FOLIO 8506


MIN/21.10.2009 FOLIO 8507


MIN/21.10.2009 FOLIO 8508


MIN/21.10.2009 FOLIO 8509


MIN/21.10.2009 FOLIO 8510


MIN/21.10.2009 FOLIO 8511


MIN/21.10.2009 FOLIO 8512


MIN/21.10.2009 FOLIO 8513


MIN/21.10.2009 FOLIO 8514


MIN/21.10.2009 FOLIO 8515


MIN/21.10.2009 FOLIO 8516


MIN/21.10.2009 FOLIO 8517


MIN/21.10.2009 FOLIO 8518


MIN/21.10.2009 FOLIO 8519

APPENDIX / ATTACHMENTS

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