MINUTES - Cassowary Coast Region...2012/10/29 · MINUTES 9.00am Opening Prayer by Pastor Rob...

LOCAL GOVERNMENT MEETING

29 October 2012

MINUTES

Cr Bill Shannon

Cr Glenn Raleigh

Cr Bryce Macdonald

Cr Alister Pike

Cr Mark Nolan

Cr Ian Rule

Cr Kylie Farinelli

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Please find attached, minutes for the Local Government Meeting to be held in the Council Chambers - Board Room, 38-40 Bryant Street, Tully commencing at 9.00am.

Terry Brennan CHIEF EXECUTIVE OFFICER

MINUTES 9.00am Opening Prayer by Pastor Rob Magarey of the Tully Family Church,

representing the Tully Ministers' Fraternal

10.00am – 10.30am Morning Tea

12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES .......................................................................................... 1 1.1 Confirmation of Minutes of Local Government Meeting, 11 October 2012 ................ 1

2. RECEIPT OF MINUTES ...................................................................................................... 2 2.1 Receipt of Minutes of JSRIT Meeting, 16 August 2012 ............................................. 2

2.2 Receipt of Minutes of JSRIT (Budget) Meeting, 16 August 2012 .............................. 2

2.3 Receipt of Minutes of CSRIT Meeting, 16 August 2012 ............................................ 2

2.4 Receipt of Minutes of CSRIT (Budget) Meeting, 16 August 2012 .............................. 3

2.5 Receipt of Minutes of JSRIT/CSRIT Joint Meeting, 16 August 2012 ......................... 3

2.6 Receipt of Minutes of CCRC Traffic Consultative Committee Meeting, 24 September 2012 ................................................................................................................................. 3

3. BUSINESS FROM PREVIOUS MINUTES .......................................................................... 4 3.1 'Draft' Local Government and Other Legislation Amendment Bill 2012 ..................... 4

4. MANAGEMENT .................................................................................................................. 4 4.1 December 2012/January 2013 Local Government Meetings..................................... 4

4.2 Financial Assistance Grant 2012/13 ......................................................................... 5

5. WORKS .............................................................................................................................. 5 5.1 Upgrade to Lower Butler Street Tully ........................................................................ 5

5.2 Reconstruction of Edmund Kennedy Walking Track-Contract No. 1213- 008 ........... 6

5.3 Construction of New Cell at Tully Landfill .................................................................. 6

5.4 Minor Repair Works on Various Small Landslips Track-Contract No. 1213- 018 ....... 7

5.5 Reconstructing Cardwell Contract - Progress Report ................................................ 7

5.6 Clump Point and Dunk Island Jetties Reconstruction Contract - Progress Report ..... 8

6. COMMUNITY .................................................................................................................... 10 6.2 Cowley Beach to Liverpool Creek Dune Track ........................................................ 10

6.1 Mission Beach Progress Hall .................................................................................. 11

6.3 Tully Show Grounds Lighting Upgrade - LGGSP Application .................................. 11

7. PLANNING & ENVIRONMENT ......................................................................................... 12 7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) ...................................... 12

7.2 Permanent Road Closure - Lots 2 & 3 on RP904364 - Bluff Road, Bilyana ............. 24

7.3 Solid Waste Management Strategy - Community Consultation ............................... 25

8. CORPORATE ................................................................................................................... 26 8.1 Financial Statement for period 1 July 2012 to 30 September 2012 ......................... 26

8.2 Quarterly Progress Review - CCRC Operational Plan 2012/13 as at 30 September 2012 ............................................................................................................................... 27

9. NOTICE OF MOTION........................................................................................................ 27

MINUTES (Cont'd…)

10. GENERAL BUSINESS ...................................................................................................... 27 10.1 Kirrama Range Road Funding ................................................................................ 27

10.2 Disaster Funding - NDRRA ..................................................................................... 28

10.3 Community Project deferral .................................................................................... 28

10.4 Pre-cyclone Clean-up ............................................................................................. 28

11. CONFIDENTIAL ................................................................................................................ 29 11.1 Rates - Intention to sell land for Rate Arrears ......................................................... 29

Minutes – CCRC Local Government Meeting 29 October 2012

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PRESENT: Crs B Shannon (Mayor), B Macdonald (Deputy Mayor), G Raleigh, M Nolan, I Rule and K Farinelli and Mr T Brennan (Chief Executive Officer), Mr P Cochrane (Director Corporate Services), Mr J W Pettigrew (Director Planning & Environmental Services), Mr D Trotter (Director Works), Mr T Rooks (Manager Major Projects and Fleet), Mr G Wilson (Manager Environmental Services), Ms J Lightfoot (Communications Officer), Ms J Sorensen and Ms J Cooksley (Minutes Clerk). APOLOGIES: Cr A Pike OPENING PRAYER: The Mayor welcomed Pastor Rob Magarey of the Tully Family Church to the meeting and invited him to open the meeting with prayer. On conclusion of the blessing, Pastor Magarey left the meeting.

1. CONFIRMATION OF MINUTES

1.1 Confirmation of Minutes of Local Government Meeting, 11 October 2012

Recommendation:

“That the Minutes of the Local Government Meeting held on 11 October 2012 be confirmed as a true and correct record.” Moved Cr I Rule Seconded Cr B Macdonald Resolution Number 0159 "That the Recommendation be adopted." FOR VOTE - Unanimous

CARRIED


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2. RECEIPT OF MINUTES

2.1 Receipt of Minutes of JSRIT Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Johnstone Shire River Improvement Trust Meeting held on 16 August 2012 be received.” Moved Cr M Nolan Seconded Cr B Macdonald Resolution Number 0160 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

2.2 Receipt of Minutes of JSRIT (Budget) Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Johnstone Shire River Improvement Trust (Budget) Meeting held on 16 August 2012 be received.” Moved Cr B Macdonald Seconded Cr G Raleigh Resolution Number 0161 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

2.3 Receipt of Minutes of CSRIT Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Cardwell Shire River Improvement Trust held on 16 August 2012 be received.” Moved Cr B Macdonald Seconded Cr I Rule Resolution Number 0162 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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2.4 Receipt of Minutes of CSRIT (Budget) Meeting, 16 August 2012

Recommendation:

“That the Minutes of the Cardwell Shire River Improvement Trust (Budget) Meeting held on 16 August 2012 be received.” Moved Cr B Macdonald Seconded Cr K Farinelli Resolution Number 0163 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

2.5 Receipt of Minutes of JSRIT/CSRIT Joint Meeting, 16 August 2012

Recommendation:

“That the Minutes of the JSRIT/CSRIT Joint Meeting held on 16 August 2012 be received.” Moved Cr B Macdonald Seconded Cr K Farinelli Resolution Number 0164 "That the Recommendation be adopted." FOR VOTE - Unanimous

CARRIED

2.6 Receipt of Minutes of CCRC Traffic Consultative Committee Meeting, 24 September 2012

Recommendation:

“That the Minutes of the CCRC Traffic Consultative Committee Meeting held on 24 September 2012 be received.” Moved Cr I Rule Seconded Cr B Macdonald Resolution Number 0165 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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3. BUSINESS FROM PREVIOUS MINUTES

3.1 'Draft' Local Government and Other Legislation Amendment Bill 2012 Cr Bryce Macdonald advised that during the 2012 Annual Local Government Conference held in Brisbane recently, he and Cr Glenn Raleigh had the opportunity to discuss the Council's submission in relation to the Local Government and Other Legislation Amendment Bill 2012 with the Minister for Local Government, the Hon. David Crisafulli.

4. MANAGEMENT

4.1 December 2012/January 2013 Local Government Meetings Executive Summary:

The Council needs to determine appropriate dates for its Local Government meetings in December 2012 and January 2013. In lieu of holding fortnightly meetings in these months it is proposed to have only one meeting in December 2012 and one meeting in January 2013. Recommendation:

“That the following meeting arrangements be adopted for December 2012 and January 2013: 1. Only one Local Government meeting be held in December 2012 and it be held on 13

December 2012 in Innisfail; 2. Only one Local Government meeting be held in January 2013 and it be held on 17

January 2013 in Tully; and The meeting dates be advertised accordingly.”

Moved Cr K Farinelli Seconded Cr G Raleigh Resolution Number 0166 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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4.2 Financial Assistance Grant 2012/13 Executive Summary:

The Council has recently received advice from the Qld Local Government Grants Commission of its approved Commonwealth Financial Assistance Grant for the 2012/13 financial year. The total approved grant for 2012/13 is $3,100,596 as opposed to an approved allocation of $3,428,731 in the previous financial year. The reduced grant allocation will impact on the adopted Budget for 2012/13 given the amount of the reduction and it will be necessary to take this into account in the Six Month Budget review. The identified road component of the grant is a funding source for the Capital Roadworks Program and it will be necessary to review this program in light of the reduction in funding. Recommendation:

“That Council write to the Qld Local Government Grants Commission seeking an explanation of the reasons as to why the Financial Assistance Grant allocation to Council for the 2012/13 financial year has reduced significantly from the previous financial year."

Moved Cr K Farinelli Seconded Cr G Raleigh Resolution Number 0167 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

5. WORKS

5.1 Upgrade to Lower Butler Street Tully Executive Summary:

This report was prepared based on the tender assessment prepared by Council officers. The report contains a summary of the detailed assessment of the tenderers prepared for the Butler Street Upgrade Stage 1 Project. Recommendation:

"That the conforming tender submitted by Koppens Developments, in consideration of the assessment criteria and being the most advantageous to Council, be accepted for the tendered amount of $2,741,146.00 (excl. GST) for Sector A of the Upgrade to Lower Butler Street Tully, in respect of Tender No. 1213-001: Upgrade to Lower Butler Street Tully."

Moved Cr B Macdonald Seconded Cr K Farinelli Resolution Number 0168 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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9.28am Ms J Murphy (Director Community Services), Ms M Fazackerley (Coordinator Special Projects) and Messrs D Sydes (Coordinator Natural Resource Management) and D Goodman (Manager Civil Works) entered the meeting.

5.2 Reconstruction of Edmund Kennedy Walking Track-Contract No. 1213- 008

Executive Summary:

This report was prepared based on the tender assessment prepared by Council officers for the Reconstruction of Edmund Kennedy Walking Track in Contract 1213-008. The track located along the beach front and headlands in South Mission Beach was extensively damaged during Cyclone Yasi with most infrastructure destroyed and many sections of the track damaged. Funding for the reconstruction has been approved by the QRA.

Recommendation:

"That the conforming tender submitted by Tropical Coast Builders, in consideration of the assessment criteria and references provided and being the most advantageous to Council, be accepted for the tendered amount of $618,069.22 (excl. GST) for the Reconstruction of the Edmund Kennedy Walking Track, in respect of Tender No. 1213-008."

Moved Cr I Rule Seconded Cr B Macdonald

Resolution Number 0169

"That the Recommendation be adopted."

FOR VOTE - Unanimous CARRIED

5.3 Construction of New Cell at Tully Landfill

Executive Summary:

This report was prepared based on the tender assessment prepared by Council officers. The report contains a summary of the detailed assessment of the tenderers prepared for the project involving the construction of a new waste cell at the Tully Landfill.

Recommendation:

"That the conforming tender submitted by Celtic Constructions and Utility Services, in consideration of the assessment criteria and references provided and being the most advantageous to Council, be accepted for the tendered amount of $1,339,926.60 (excl. GST) for works, in respect of Tender No. 1213-005: Construction of New Cell at Tully Landfill."

Moved Cr G Raleigh Seconded Cr K Farinelli

Resolution Number 0170

"That the Recommendation be adopted."

FOR VOTE - Unanimous CARRIED


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5.4 Minor Repair Works on Various Small Landslips Track-Contract No. 1213- 018 Executive Summary:

This report was prepared based on the tender assessment prepared by council officers for the Minor Repair Works on Various Small Landslips for Contract 1213-018. The landslips which include works to the Nyleta Water Intake access road, Alexander Drive and eleven (11) other smaller landslips were as a result of damage caused by Cyclone Yasi. Funding for the repair works has been approved by the QRA. Recommendation:

"That the conforming tender submitted by GEO Construct, in consideration of the assessment criteria and being the most advantageous to Council, be accepted for the tendered amount of $1,523,880.55 (excl. GST) for the Minor Repair Works on Various Small Landslips, in respect of Tender No. 1213- 018."

Moved Cr M Nolan Seconded Cr I Rule Resolution Number 0171 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

5.5 Reconstructing Cardwell Contract - Progress Report Executive Summary:

The Cassowary Coast Regional Council and the Department of Transport and Main Roads (TMR) are working together to deliver Natural Disaster Relief and Recovery Arrangements (NDRRA) works for Reconstructing Cardwell. The project is required following the devastation caused by Tropical Cyclone Yasi in February 2011. These works involve the reconstruction of the Cardwell Foreshore and 1.4km of the Bruce Highway known as Victoria Street. There was a need to develop a plan for these works and it was decided to develop a Cardwell Community Vision, which was adopted by the Council in December 2011. The reconstruction works will be implemented in a manner consistent with the future aspirations of the adopted Cardwell Community Vision. A Project Steering Committee meeting on 2 October 2012, identified a need to reduce the scope of the Category D works, in order for the project to remain within budget. Eight key elements for cost savings were proposed by the Project Control Group. These were presented to a Council workshop on the 16 October 2012, along with a proposed method for ranking the areas using a multi-criteria analysis tool. Council agreed to the methodology suggested. The Project team set up a workshop with the Cardwell Community Reference Group on 24 October 2012. The purpose of the workshop was for the group to make recommendations for the ranking of the key elements for the Category D submission, according to community priorities. The recommendations from the Cardwell Community Reference Group are contained within this report.


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5.5 Reconstructing Cardwell Contract - Progress Report (Cont'd…) Recommendation:

“That, subject to legislative requirements for the construction of the rock wall being met, the Council direct the Project Steering Committee to reduce the scope of the Category D submission in accordance with the recommendations of the Cardwell Community Reference Group as follows: In order of priority to retain in the submission:

1. Western footpath treatments

2. Dugong

3. Splash pad

4. Hudson bomber

5. 20% Reduction in playground equipment

6. 10% Reduction in landscaping elements

7. Civil items including wetland boardwalk 8. Sand nourishment”

Moved Cr K Farinelli Seconded Cr I Rule Resolution Number 0172 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 10.00am Mr V O'Brien (Manager Community Facilities) entered the meeting.

5.6 Clump Point and Dunk Island Jetties Reconstruction Contract - Progress Report Executive Summary:

CivilPlus Constructions Pty Ltd (CivilPlus) were awarded the contract for reconstruction of Clump Point and Dunk Island Jetties based on their preliminary design and price. At the time of contract award, the geotechnical investigation had not been completed but historical geotechnical information, including boreholes and pile driving records for the previous (1961) Clump Point Jetty, were used for the preliminary determination of pile lengths. The geotechnical investigation identified significant variations to the assumed seabed strata requiring a significant increase to the pile lengths at considerable additional cost. Council, through the QRA, engaged the Bonacci Group, a specialist marine infrastructure engineering consultant, to undertake a high level review of the preliminary design parameters. Following this review and further negotiations between the parties, it was determined that the project can be delivered within budget, providing modifications are made to the preliminary design and design specifications.


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5.6 Clump Point and Dunk Island Jetties Reconstruction Contract - Progress Report (Cont'd…)

Recommendation:

“That Council approve design element alterations to the tender awarded to CivilPlus Constructions Pty Ltd for the Clump Point and Dunk Island Jetties as follows:

1. Modify the design deck load classification of the Clump Point Jetty to allow for a 23.5 tonne GVM body truck and a pedestrian crowd load;

2. Modify the design vessel for Clump Point Jetty to a displacement of 65 tonne;

3. Modify the design deck load classification of the Dunk Island Jetty to allow for a 4.5 tonne vehicle and a pedestrian crowd load;

4. Modify the design vessel to a displacement of 45 tonne; and

5. Modify the deck on the existing (proposed rehabilitated) section of the Dunk Island jetty so that the failure mechanism due to wave uplift forces is the deck lifting off in preference to piles being lifted out of the sea bed, and that a timber deck may be utilised in this area if it is determined that failure of a concrete deck poses a significant risk to the remaining structure."

Moved Cr M Nolan Seconded Cr I Rule Resolution Number 0173 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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6. COMMUNITY

6.2 Cowley Beach to Liverpool Creek Dune Track Executive Summary:

Council is in the process of finalising final alignment of the Cowley Beach to the Liverpool Creek dune track, a process that has been ongoing since it was resolved in December 2009 to re-open area to vehicle traffic in an environmentally sensitive manner. This report identifies options for the final stage of track alignment adjacent to the Cowley Beach Caravan Park. Recommendation:

"That the report be received and Council determine its preferred option for the route of the Cowley Track."

The following amendment to the unconfirmed minutes resulted from discussion at the Local Government Meeting on 8 November 2012 prior confirmation of the minutes: Moved Cr M Nolan Seconded Resolution Number "That the report be received and Council endorse Option 1 (as outlined in the report) as its preferred option to the route of the Cowley Track." THE MOTION LAPSED FOR WANT OF A SECONDER

The Council continued its discussion of the issue resulting in the following 'amended' motion being put: Moved Cr M Nolan Seconded Cr I Rule Resolution Number 0174 "That the report be received and Council endorse Option 1 as follows: That the current location, with amendments to the section in front of the kitchen barbeque area of Cowley Beach Caravan Park to relocate a 20m section of the track seaward by approx. 5m to re-enter the track abutting the caravan park boundary." FOR VOTE - Crs M Nolan, I Rule and B Shannon AGAINST - Crs K Farinelli, G Raleigh and B Macdonald

The Mayor used his 'casting' vote FOR the Motion and the Motion was CARRIED.


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10.45am - 11.10am The meeting adjourned for morning tea. It was noted when the meeting reconvened that Messrs D Horton (Manager Planning Services) and I Kuhl (Waste Advisor) and Ms D Buschkens (Technical Officer, Waste Management) had entered the meeting and Messrs D Goodman and D Sydes were no longer in attendance.

6.1 Mission Beach Progress Hall Executive Summary:

In April 2012, Mr Lachie Rick OAM requested consideration be given to renaming the Mission Beach Progress Hall the Frank Rick - John Parsons Memorial Hall in recognition of the work carried out by these individuals in getting the Hall built and opened in 1964. Council wrote to the Mission Beach Progress Association in April 2012 requesting their views, however, no reply has been received to date. Mr Lachie Rick OAM was then invited to address Council at a Deputation on the 20 September 2012 and as a result the CEO wrote to the Mission Beach Community Association on the 24 September 2012 seeking their views on the matter. A reply has now been received from them (copy attached). Recommendation:

“That the report be received and the request be determined by Council.”

Moved Cr I Rule Seconded Cr G Raleigh Resolution Number 0175 "That the report dated 17 October 2012 be received and the consensus view of the Mission Beach Community Association be accepted for the installation of an interpretive sign describing the history of the Mission Beach Progress Hall." FOR VOTE - Unanimous CARRIED

6.3 Tully Show Grounds Lighting Upgrade - LGGSP Application Executive Summary:

The Minister for Local Government met with the Mayor in Tully on Friday 5 October at which time he invited Council to place an application for the funding of a capital project under the Local Government Grants and Subsidy Program – Infrastructure Subsidy. The Tully Show Grounds Upgrade Project is the priority project next in line for this infrastructure funding. This project is still in the planning stage with the Master Plan expected to be completed this year. However the project comprises several discrete elements, one being the upgrade of the lights which can be completed ahead of finalising the Master Plan. An application has therefore been made to the Local Government Grants and Subsidies Program (LGGSP) for funds for the Upgrade of the Tully Show Grounds Lighting.


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6.3 Tully Show Grounds Lighting Upgrade - LGGSP Application (Cont'd…) Recommendation:

“That Council endorse the application submitted to the Local Government Grants and Subsidies Program for the upgrade of the Tully Showgrounds Lighting.”

Moved Cr I Rule Seconded Cr B Macdonald Resolution Number 0176 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 11.30am Mr V O'Brien and Ms M Fazackerley left the meeting.

7. PLANNING & ENVIRONMENT

7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) Executive Summary:

Council is in receipt of an application for Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop). The application was prepared by GE Hopkins on behalf of Spearmen Diesel Fitting Pty Ltd. The subject property is located within the Rural Zone on land described as Lot 179 on CWL1173, situated at Old Tully Road, Birkalla. The application was Impact Assessable and therefore public notification was required. No properly made submissions were received by Council. The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency. The subject site is located within the Regional Landscape & Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and is considered to be consistent with the intent and policies of the plan. The application is generally consistent with the provisions of the FNQ Regional Plan 2009-2031 and the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for Material Change of Use for a Light Industry (Farm Machinery Workshop) and an ERA #21 (Motor Vehicle Workshop) is recommended for approval subject to reasonable and relevant conditions.


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7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) (Cont'd…) Recommendation:

“That a Development Permit be issued for a Material Change of Use for a Light Industry (Farm Machinery Workshop) and an ERA #21 (Motor Vehicle Workshop) on land described as Lot 179 on CWL1173, situated at Old Tully Road, Birkalla, subject to the following conditions”: 1. Proposal: That the development be undertaken generally in accordance with the

application and documentation as well as the plans in the table below, accepted by Council on 27 June 2012, all relating to Development Application No. 019/12C, excepting where varied by the following conditions.

Plan Number Plan Name Date

Dwg #: 2012-003-1 Sheet 1 of 1

Application for Material Change of Use for an Additional Use: "Light Industry - Motor Vehicle and Farm Machinery Workshop

June 2012

Dwg # 2012-003-3 Sheet 1 of 1

Landscaping Plan August 2012

Dwg # 2012-003-4 Sheet 1 of 1

Building Layout Plan August 2012

2. Timing of Effect: The conditions of the Development Permit must be complied with

prior to commencement of use, except where specified otherwise in these conditions of approval.

3. Amended Plans: An amended set of plans incorporating any of the changes required

by these conditions shall be provided to Council to be endorsed by the Director Planning & Environmental Services, prior to an application being made for building work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

4. Carparking: The development is to provide a minimum of three (3) car parks on the

subject site. All car parking facilities must comply with the following requirements, to the satisfaction of the Director Planning & Environmental Services:

The driveway and carparking area are to be constructed in accordance with Dwg #

2012-003-3, dated August 2012 and Dwg # 2012-003-5, dated August 2012. All car parking facilities are to be designed and constructed to comply with

Australian Standard AS1428 Design for Access and Mobility and Australian Standard AS2890.1 Parking Facilities - off street car parking; and

All car parks must be constructed prior to the issue of a Certificate of Final

Inspection or a Certificate of Classification; and Car parking facilities are to be maintained and available at all times.


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7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) (Cont'd…) 5. Lot Access: Access to the proposed development must be constructed in accordance

with FNQROC Development Manual Standard Drawing S1105, including sealing the access from the edge of the existing bitumen to the lot boundary, to the requirements and satisfaction of the Director Planning & Environmental Services. Future maintenance of the access is the responsibility of the landowner.

6. Landscaping: The applicant/owner is to landscape the subject site in accordance with

the approved Dwg # 2012-003-3, dated August 2012 and with the Landscaping Code.

The landscaped areas are to be planted with vegetation considered appropriate screen species that may be selected from Schedule 5 – Landscaping – Preferred Species of the Cardwell Shire Council Planning Scheme 2007. All landscaped areas and works are to be established to the requirements and satisfaction of the Director Planning & Environmental Services, prior to the issue of a Certificate of Final Inspection or a Certificate of Classification.

7. Signage: The applicant/owner must ensure that any signage on the subject site, for the proposed development, must comply with the Advertising Devices Code of the Cardwell Shire Council Planning Scheme 2007, to the requirements and satisfaction of the Director Planning & Environmental Services.

8. Waste Bins & Storage Areas: The waste bin and storage areas must be screened from

view of adjoining properties and road frontages, to the requirements and satisfaction of the Director Planning & Environmental Services.

9. Erosion & Sediment Control: Effective erosion and sediment control must be

maintained at all timed during and after construction work until there is adequate vegetation cover, paved or other controls to prevent any silt run-off from the site to the requirements and satisfaction of the Director Planning & Environmental Services.

10. Public Utilities – Alterations: Any relocation or alteration to any public utilities in

association with works pertaining to this development must be undertaken as required by the relevant service provider and at no cost to Council.

11. Stormwater Drainage: The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to Council’s existing stormwater drainage system, such that stormwater does not adversely affect surrounding properties. A plan of these works is to be endorsed by Council prior to the lodgement of a development application for building work, to the requirements and satisfaction of the Director Planning & Environmental Services.

12. Environmental Nuisance: The applicant/owner is to ensure that noise from either air

conditioning units, service equipment, swimming pool filters or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).


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7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) (Cont'd…) 13. Night Lighting: The applicant/owner is to ensure that all night lighting is designed and

constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light emitted from the subject site does not, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Environmentally Relevant Activity # 21 (Motor Vehicle Workshop) Conditions:

SCHEDULE A - GENERAL CONDITIONS Commencement of Activity (A1) The holder of this Development Approval must ensure that a final inspection is conducted

by an Authorised Officer of the Administrative Authority and that a compliance level is achieved, prior to the activity commencing.

Compliance with Development Approval (A2) Contaminants must not be released to the environment other than in accordance with this

Development Approval. (A3) The holder of this Development Approval must:

(a) install and operate all works and control equipment, and

(b) take all measures, perform all acts and do all things, necessary to ensure compliance with the conditions of this Development Approval.

Display of Development Approval (A4) A copy of this Development Approval must be kept in a location readily accessible to

personnel carrying out the activity.

Records (A5) Any record required to be kept by a condition of this Development Approval must be kept

at the licensed place and be available for examination by an authorised person. (A6) Copies of any record, required to be kept by a condition of this Development Approval

must be provided to any authorised person or the Administering Authority on request. Alterations (A7) No change, replacement or operation of any plant or equipment is permitted if the

change, alteration or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm or environmental nuisance.


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7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) (Cont'd…) Panel Beating and Spray Painting (A8) This Development Approval does not permit panel beating or spray painting to be

carried out at the premises. Commencement of Activity (A9) The holder of this Development Approval must ensure that a final inspection is conducted

by an Authorised Officer of the Administrative Authority and that a compliance level is achieved, prior to the activity commencing.

SCHEDULE B- AIR Release of Contaminants to the Atmosphere (B1) Except as otherwise provided by the conditions of the air schedule of this Development

Approval the environmentally relevant activity must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to the atmosphere.

Noxious or Offensive Odour (B2) Notwithstanding any other condition of this Development Approval, no odour determined

to be noxious or offensive by an authorised person is to be released beyond the boundaries of the licensed place.

Nuisance (B3) No release of contaminants, including but not limited to odour, dust, smoke, fume,

particulate, and aerosols is to cause or be likely to cause an environmental nuisance beyond the boundaries of the licensed place.

SCHEDULE C - WATER

Release of Contaminants to Waters (C1) Except as otherwise provided by the conditions of the water schedule of this Development

Approval the environmentally relevant activity must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to waters.

(C2) Contaminants must not be directly or indirectly released from the licensed place to any

waters or the bed and banks of any waters except as permitted under the water schedule or the stormwater management schedule or to a sewer unless permitted by the Cassowary Coast Regional Council in accordance with it’s Trade Waste Policy.


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7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) (Cont'd…)

SCHEDULE D - STORMWATER MANAGEMENT Contaminant Releases Caused by Rainfall (D1) Except as provided by the conditions of the stormwater management schedule and the

water schedule of this Development Approval, the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the contact of incident rainfall and stormwater runoff with wastes or other contaminants, and prevent or minimise the release or likelihood of release of any such contaminated runoff from the licensed place.

Specific Stormwater conditions: (D2) All work areas must be sealed with asphalt or cement so as to prevent the ingress of spilt

waste to the soil. (D3) For the purposes of this licence, stormwater and liquid collecting within any bunded areas

must be regarded as contaminated and must not be discharged to storm water. (D4) All waste water collected within a bunded area must be directed to a holding tank and

removed by a licensed waste contractor or in a manner approved by the Administering Authority.

(D5) Stormwater run-off must be diverted to avoid contact with contaminated areas on site. (D6) Suitable absorbent materials for oil and liquid spills must be readily available. (D7) Oil and liquid spills must be cleaned up immediately.

SCHEDULE E - LAND APPLICATION

Release of Contaminants to Land (E1) Except as otherwise provided by the conditions of the land application schedule of this

Development Approval the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to land.


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SCHEDULE F - NOISE

Emission of Noise (F1) Except as otherwise provided by the conditions of the noise schedule of this Development

Approval the environmentally relevant activities must be carried out by such practicable means necessary to prevent or minimise the emission or likelihood of emission of noise.

(F2) The emission of noise from the licensed place must not result in levels greater than those

specified in Table 1 of the Noise Schedule.

SCHEDULE F TABLE 1

NOISE LIMITS AT A NOISE SENSITIVE PLACE

Period Noise Level at a Noise Sensitive Place Measured as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7 am - 6 pm

Background noise level plus 5 dB(A)

6 pm - 10 pm


10 pm - 7 am


NOISE LIMITS AT A COMMERCIAL PLACE

Period Noise Level at a Commercial Place measured as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7 am - 6 pm


6 pm - 10 pm


10 pm - 7 am


General (F3) Noise levels on site are subjected to the Environmental Protection (Noise) Policy 1997.

The Administering Authority may order requirements to minimise noise levels.


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SCHEDULE G - WASTE MANAGEMENT General (G1) Waste must not be released to the environment, stored, transferred or disposed contrary

to any condition of this Development Approval. (G2) Waste must not be burnt or allowed to burn on the licensed site or removed and burnt

elsewhere unless specifically permitted by an Development Approval. (G3) Records of trade waste agreements must be made available for inspection on request. (G4) An area must be set aside for the segregation and storage of recyclable solid wastes. (G5) Where a no-cost recycling service is available, recyclable waste must not be deposited in

the general waste stream. Liquid Storage and Handling Conditions (G6) All tank or drum storage must be bunded so that the capacity of the bund is sufficient to

contain at least 125% of the largest storage tank within the bund, unless otherwise approved by the Administering Authority.

(G7) All bunding must be constructed of materials which are impervious to the materials stored. (G8) All bunding must be roofed where practicable. (G9) All spilled materials on roadways or in bunded areas on the site must be cleaned-up

immediately. (G10) The base and walls of all bunded areas must be maintained free from gaps or cracks. (G11) A collection sump must be provided in the floor of the bunding to facilitate the removal of

liquids. The bund floor must be graded so that the fall is towards the collection sump. (G12) All workshop areas must either have:

(i) a ‘Dry workshop’ approach which excludes the use of water or degreaser from being used to clean equipment ( not including kerosene washes). All spills must be cleaned up immediately using an absorbent material; or

(ii) the installation of an approved oil separator located within the workshop area or other

location approved by the Administering Authority. Any washdown areas must also be connected to the oil separator and treated waters discharged to sewer or soakage trench ( in non-sewered areas) to the approval of the Administering Authority. Any detergents used must not be of an emulsifying type that would prevent oil being separated through the oil separator. Separator(s) must be effectively maintained at all times and cleaned as required.

(G13) A system must be provided for the collection and disposal of all regulated waste to a

licensed contractor.


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7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) (Cont'd…) Off Site Movement (G14) Where regulated waste is removed from the licensed place (other than by a release as

permitted under another schedule of this Development Approval), the holder of this Development Approval must monitor and record the following:

(a) the date, quantity and type of waste removed; and name of the waste transporter

and/or disposal operator that removed the waste; and

(c) the intended treatment/disposal destination of the waste.

(NOTE: Records of documents maintained in compliance with a waste tracking system established under the Environmental Protection Act 1994 or any other law for regulated waste will be deemed to satisfy this condition). (G15) Regulated waste must not be sent for disposal at any facility without the written approval

of the person operating that facility. Records (G16) Records must be maintained for a period of 5 years for all wastes mentioned in this schedule. Notification of Improper Disposal of Regulated Waste (G17) If the holder of this Development Approval becomes aware that a person has removed

waste from the licensed place and disposed of the waste in a manner which is not authorised by this Development Approval or improper or unlawful, then the holder of this Development Approval must, as soon as practicable, notify the administering authority of all relevant facts, matters and circumstances known concerning the disposal.

SCHEDULE H - SELF MONITORING AND REPORTING

Complaint Recording (H1) All complaints received by the holder of this Development Approval relating to operations

at the licensed place must be recorded in a log book with the following details:

(i) time and date of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant (Note: if the

complainant does not wish to be identified then “Not identified” is to be recorded); (iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of responsible

person. (H2) The complaints record required by condition (H1) must be maintained for a period of not

less than 5 years.


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7.1 DA019/12C - Material Change of Use for Light Industry (Motor Vehicle and Farm Machinery Workshop) & an ERA #21 (Motor Vehicle Workshop) (Cont'd…) Incident Recording (H3) A record must be maintained of events including but not limited to the time date and

duration of equipment malfunctions. (H4) The record required by condition (H3) must be maintained for a period of not less than 5

years. Notification of Emergencies and Incidents (H5) As soon as practicable after becoming aware of any emergency or incident which results

in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this Development Approval, the holder of this Development Approval must notify the administering authority of the release by telephone or facsimile.

(H6) The notification emergencies or incidents as required by condition (H5) must include but

not be limited to the following:

(i) The holder of the Development Approval; (ii) the location of the emergency or incident; (iii) the number of the Development Approval; (iv) the Name and telephone number of the designated contact person; (v) the time of the release; (vi) the time the holder of the Development Approval became aware of the release; (vii) the suspected cause of the release; (viii) the environmental harm and or environmental nuisance caused, threatened, or

suspected to be caused by the release; and (ix) actions taken to prevent further any release and mitigate any environmental harm

and or environmental nuisance caused by the release. (H7) Not more than 14 days following the initial notification of an emergency or incident, the

holder of the Development Approval must provide written advice of the information supplied in accordance with condition (H6) in addition to:

(i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise environmental harm

and or environmental nuisance, and (iii) the results of any environmental monitoring performed.

SCHEDULE I - APPROVED DOCUMENTS

(I1) The environmentally relevant activity must be constructed, operated and maintained in

accordance with all undertakings of the Development Approval application and any other documents approved by the administering authority as set out in the Approved Documents Schedule.

(I2) In the event of any inconsistency arising between the undertakings of the Development

Approval application or other approved documents as set out in the Approved Documents Schedule and the conditions of this Development Approval, the conditions of this Development Approval must apply.


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SCHEDULE J - DEFINITIONS (J1) For the purposes of this Development Approval any term not otherwise defined in the Act

and any subordinate legislation made pursuant to the Act or in the Definitions Schedule of this Development Approval has the meaning conferred to that term in its common usage.

(J2) In the event of any inconsistency arising between the meaning of any term provided in the

Definitions Schedule of this Development Approval and any common usage of that term, the meaning conferred in the Definitions Schedule of this Development Approval prevails.

For the purposes of this Development Approval the following definitions apply: (J3) “Act” means the Environmental Protection Act 1994. (J4) “Administering Authority” means the Cassowary Coast Regional Council. (J5) “Land” means land excluding waters and the atmosphere. Noise Definitions (J6) “LAmax adj, T “ means the average maximum A-weighted sound pressure level, adjusted for

noise character and measured over a time period of not less than 15 minutes, using Fast response.

(J7) “Background noise level” means either:

LA90, T being the A-weighted sound pressure level exceeded for 90 percent of the time period not less than 15 minutes, using Fast response, or

LAbg, T being the arithmetic average of the minimum readings measured in the absence of the noise under investigation during a representative time period of not less than 15 minutes, using Fast response.

(J8) “MaxLPa T” means the maximum A-weighted sound pressure level measured over a time

period of not less than 15 minutes, using Fast response.

END OF CONDITIONS Assessment Manager's Advice: a) Relevant Period: The relevant period for the development approval (Material Change of

Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for material change of use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).


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An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

b) Notice of Intention to Commence Use: The applicant/owner must return to Council the attached Notice of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council officers.

c) Required Approvals: A Development approval for Building Work (change of classification)

will be required, with a permit for these works issued prior to any works commencing; d) Cultural Heritage: The applicant/owner is to ensure compliance with the requirements of the

Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the alike.

e) Engineering Works: The applicant/owner is to ensure that the engineering works involved in

the proposed development are designed and constructed in accordance with the FNQROC Development Manual, 2005.

f) Environmental Nuisance: The Environmental Protection Act 1994 states that a person must

not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.

Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.

Moved Cr B Macdonald Seconded Cr G Raleigh Resolution Number 0177 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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11.40am Mayor Bill Shannon declared a conflict of interest and left the meeting during consideration of the following report requesting the Council's views in relation to the permanent closure of part of Bluff Road, Bilyana submitted by the Mayor and his wife, as the owners of the adjoining land. The Deputy Mayor, Cr Bryce Macdonald took the chair.

7.2 Permanent Road Closure - Lots 2 & 3 on RP904364 - Bluff Road, Bilyana Executive Summary:

Council is in receipt of correspondence requesting Council's views and/or requirements in relation to an application to permanently close part of a Bluff Road, Bilyana adjoining Lots 2 & 3 on RP904364. Recommendation:

"That William and Suzanne Shannon be advised that Council does not object to the proposed permanent closure of part of Bluff Road, Bilyana adjacent to Lots 2 & 3 on RP904364, as shown on the plan in Attachment 1 to this report, subject to: (a) the closed area of road being amalgamated into Lots 2 and 3 on RP904364 as shown

on the plan in Attachment 1 to this report; and (b) the creation of a conservation covenant covering the proposed closed area of road,

which:

(i) prevents the clearing of this area and ensures the protection of its habitat values; and

(ii) is registered against both Lots 2 and 3 on RP904364 following the amalgamation of the road area into these lots."

Moved Cr M Nolan Seconded Cr I Rule Resolution Number 0178 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 11.50am Mr D Horton left the meeting at which time Ms M Cox (Manager of Finance) entered the meeting and the Mayor returned from his absence and took the chair.


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7.3 Solid Waste Management Strategy - Community Consultation Executive Summary:

A 'draft' Solid Waste Management Strategy has been prepared as a basis for the management of solid waste in the Cassowary Coast for the next ten years and a copy is provided 'under separate cover' due to its size.

The next step in the process is for the 'draft' to be communicated to the community in order to obtain community input. It is proposed that over the next five weeks the strategy will be available to the community for comment. To facilitate this, the 'draft' strategy will be placed on Council’s website inviting comment. The community will also be engaged by CCRC staff assisted by a facilitator conducting Community Information sessions and focus groups. Staff will also have an information booth at community events (markets).

Following the community consultation period which closes on the 7 December 2012, a report with the outcome of those consultations will be submitted to Council in January 2013. Recommendation:

“That Council resolve to release the CCRC Solid Waste Management Strategy – Consultation 'draft' for community consultation and input.”

Moved Cr G Raleigh Seconded Cr B Macdonald Resolution Number 0179 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED Mr Geoff Wilson, Manager Environmental Services acknowledged the contribution of Ms Danora Buschkens, and Mr Ian Kuhl in the development of Council's 'draft' Solid Waste Management Strategy, a comprehensive document that provides a decision model for an integrated waste management system for the Council for the next 10 years. 11.55am Messrs G Wilson and I Kuhl and Ms D Buschkens left the meeting.


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8. CORPORATE

8.1 Financial Statement for period 1 July 2012 to 30 September 2012 Executive Summary:

The Financial Statements for the period 1 July 2012 to 30 September 2012 are provided herewith. Recommendation:

“That the Financial Statements with Notes as at 30 September 2012 incorporating the following be received: • Operating Statement • Balance Sheet • Statement of Cash Flows • Graphical Representation of Recurrent Revenue and Expenditure • Note 1 - Cash Assets and Cash Equivalents • Note 2 - Trade and Other Receivables • Note 3 - Borrowings • Note 4 - Recurrent Revenue and Expenditure”

Moved Cr K Farinelli Seconded Cr B Macdonald Resolution Number 0180 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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8.2 Quarterly Progress Review - CCRC Operational Plan 2012/13 as at 30 September 2012 Executive Summary:

The Council adopted its 2012/13 Operational Plan on 26 July 2012. The Operational Plan outlines the activities proposed to be undertaken during the 2012/13 financial year which will contribute to the achievement of the strategies outlined in the Corporate Plan. The first quarterly review of the 2012/13 Operational Plan has been completed. Recommendation:

“That the quarterly review of the 2012/13 Operational Plan to 30 September 2012 be received and its contents noted."

Moved Cr G Raleigh Seconded Cr K Farinelli Resolution Number 0181 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

9. NOTICE OF MOTION

Nil

10. GENERAL BUSINESS

10.1 Kirrama Range Road Funding Cr Mark Nolan asked the Director of Works, David Trotter about the reduction in Transport Infrastructure Development Scheme (TIDS) funding following the State Budget being bought down, and how this reduction would affect the Council's current budget, and the $650,000 TIDS funding allocated in 2012/13 and 2013/14 for the Kirrama Range Road? Mr Trotter advised that State-wide TIDS funding has been reduced from $63.3M to $40M per annum so Council does not know at this stage what its allocation will be or how the reduction will apply? However, during the next Regional Roads Group (RRG) Technical Committee meeting scheduled to be held in Cairns on the 14 November, the FNQ TIDS Works Program will be reviewed. A formula is being developed in order to determine the likely impact on existing and new projects, however any decision affecting projects under the umbrella of the RRG will be considered by the Technical Committee and the Regional Roads Group in early December. Cr Rule asked the question "if the TIDS allocation for the Kirrama Range Road is withdrawn, will the $2.5M promised by the State Government for the road become $1.9M? The Mayor advised he would contact the Minister for Natural Resources & Mines, the Hon. Andrew Cripps in an attempt to provide some clarity about the issues raised. The Director Works advised if the road were opened, it would likely be a relatively low class rural road.


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10. GENERAL BUSINESS (CONT'D…)

10.2 Disaster Funding - NDRRA Cr Bryce Macdonald advised that two motions put forward by FNQROC relating to Natural Disaster Relief and Recovery Arrangements (NDRRA) asking the LGAQ to:

call on the QldRA to seek an amendment of NDRRA to enable Local Governments in Queensland to seek reimbursement of the costs of utilising their respective day labour workforces in undertaking all remediation works under NDRRA following the 2010/11 natural disasters; and

call on the Federal Government to include emergent works as part of the Local Government Value for Money Pricing Guidelines

were passed without amendment at the conference and will be taken forward by the LGAQ.

10.3 Community Project deferral Cr Mark Nolan advised that a community project put forward by the Lioness Club of Innisfail to place a cover over the public seat outside the Post Office and provide covered seating beside the playground at Anzac Park had been deferred as the costs quoted were more than the funds the Club had available. Quotes were sought through suppliers registered with Local Buy, which provides procurement services to Councils. Cr Nolan commented that the prices quoted were excessive and he understood a local supplier could supply the covers for half the quoted price. Cr Nolan asked for a review of Council's procurement conditions. This matter will be referred to the Manager Community Facilities, Vince O'Brien for a response.

10.4 Pre-cyclone Clean-up Cr Ian Rule asked whether the Council would be conducting a pre-cyclone clean-up in the lead up to the wet season. The Director Planning & Environmental Services, Mr John Pettigrew commented that given the extensive clean-up undertaken post cyclone Yasi, was there a real need? The Environmental Services section had not received any requests about a clean-up and there was no specific budget provision made in the budget but it could be accommodated in the Waste Management budget if required.

1.00pm Ms J Lightfoot left the meeting.


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MOVE INTO COMMITTEE - 1.00PM

Moved Cr M Nolan Seconded Cr B Macdonald Resolution Number 0182 "That in accordance with Section 72(1)(f) of the Local Government (Operations) Regulation 2010, the meeting be closed to the public to discuss a proposal to recover overdue rates." FOR VOTE - Unanimous CARRIED

MOVE OUT OF COMMITTEE - 1.30PM

Moved Cr B Macdonald Seconded Cr G Raleigh Resolution Number 0183 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

11. CONFIDENTIAL

11.1 Rates - Intention to sell land for Rate Arrears Executive Summary:

Where rates have not been paid for three years provision is made in the Local Government Act for the properties to be sold for the purpose of collecting outstanding rates. Council does not take this action lightly and will only proceed to legal action after repeated attempts to secure payment have failed. Fifteen (15) properties have been identified as having rate arrears exceeding three years and are submitted for Council's consideration. Recommendation:

“That Council proceed to sell the land detailed in the attached schedule for overdue rates which have been outstanding for three years or more.”

Moved Cr I Rule Seconded Cr M Nolan Resolution Number 0184 "That the report dated 18 October 2012 be received. Further, that Council proceed to sell the land detailed in the Schedule, (INSERT) as amended, for overdue rates which have been outstanding for three years or more." FOR VOTE - Unanimous CARRIED


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There being no further business the Chairperson declared the meeting closed at 1.35pm. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 08th DAY OF NOVEMBER 2012.

------------------------------------- MAYOR

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