final minutes - mackay council · final minutes wednesday 13 march 2019 min/13.03.2019 folio 61209...

FINAL MINUTES

13 March 2019

FINAL MINUTES WEDNESDAY 13 MARCH 2019

MIN/13.03.2019 FOLIO 61208

Table of Contents

Folio Date Particulars

61209 13.03.2019 Ordinary Meeting Minutes

61257 08.02.2019 Draft Minutes - Character and Heritage Advisory Committee

61269 18.02.2019 Draft Minutes - Regional Economy Working Group

61275 13.02.2019 Draft Minutes - Sport and Recreation Advisory Committee

61279 21.02.2019 Draft Minutes - Sustainability and Environment Advisory

Committee

61289 13.03.2019 Office of the Mayor and CEO Monthly Review - March 2019

61312 28.02.2019 Community and Client Services Monthly Review - February

2019

61359 13.03.2019 Policy - New Community Leasing Policy and Rating System

61373 28.02.2019 Capital Works Monthly Review - February 2019

61394 13.03.2019 Petition - Request for Construction of Footpaths

Declaration of Potential Conflict of Interest

Item 11.3 (Perceived Conflicts) - Cr Casey, Cr Mann and Cr May


MIN/13.03.2019 FOLIO 61209

ORDINARY MEETING

MINUTES

His Worship the Mayor, Cr Williamson acknowledged the Yuwibara people, the traditional owners

of the land on which we meet and paid his respects to their Elders past and present.

Cr Williamson advised the Council Meeting is being streamed live, recorded and published in

accordance with Council’s Standing Orders, including publishing on Council’s web-site.

Those present in the public gallery today, by attending a public meeting of the Council you are

consenting to your image, voice and comments being recorded and published, and comments will

form part of the live stream and recording.

Attendees are advised that they may be subject to legal action if their actions result in inappropriate

and/or unacceptable behaviour and/or comments.

1. ATTENDANCE:

His Worship the Mayor, Cr G R Williamson (Chairperson), Crs, A J Camm, M J Bella, L G

Bonaventura, K J Casey, J F Englert, R C Gee, F A Mann, K L May, A R Paton and R D

Walker were in attendance at the commencement of the meeting. Also present was Mr C

Doyle (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).

The meeting commenced at 10.00 am.

2. OPENING PRAYER:

Rev Dr Pitman Julia led those present in Prayer.

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

Nil


MIN/13.03.2019 FOLIO 61210

5. CONDOLENCES:

Nil

6. CONFLICT OF INTEREST:

Item 11.3 (Perceived Conflicts) - Cr Casey, Cr Mann and Cr May

7. CONFIRMATION OF MINUTES:

7.1 ORDINARY MEETING MINUTES - 27 FEBRUARY 2019

THAT the Ordinary Meeting Minutes dated 27 February 2019 be adopted.

Moved Cr Camm Seconded Cr May

CARRIED

8. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

9. MAYORAL MINUTES:

Nil


MIN/13.03.2019 FOLIO 61211

10. CONSIDERATION OF COMMITTEE REPORTS & RECOMMENDATIONS:

10.1 DRAFT MINUTES CHARACTER AND HERITAGE ADVISORY

COMMITTEE

Author Manager Strategic Planning

Purpose

To receive the draft minutes of the Character and Heritage Advisory Committee of the meeting

held on 8 February 2019 for information purposes and consideration of recommendations.

Officer's Recommendation

THAT the Draft Character and Heritage Advisory Committee Minutes dated 8 February

2019 be received.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Mann Seconded Cr Englert

Cr Mann highlighted several key activities from the Character and Heritage Advisory

Committee meeting held on 8 February 2019.

CARRIED


MIN/13.03.2019 FOLIO 61212

10.2 DRAFT MINUTES - REGIONAL ECONOMY WORKING GROUP - 18

FEBRUARY 2019

Author Director Development Services

Purpose

To receive the draft minutes of the Regional Economy Working Group meeting held on 18

February 2019 for information purposes and consideration of any recommendations.

Related Parties

Nil.


THAT the draft Regional Economy Working Group minutes dated 18 February 2019 be

received.

Council Resolution


Moved Cr Camm Seconded Cr Mann

Cr Camm highlighted several key activities from the Regional Economy Working Group

meeting held on 18 February 2019.

CARRIED


MIN/13.03.2019 FOLIO 61213

10.3 DRAFT MINUTES SPORT AND RECREATION ADVISORY

COMMITTEE

Author Manager Community Lifestyle

Purpose

Attached is a copy of the Sport and Recreation Advisory Committee minutes of 13 February

2019 for information.

Related Parties

n/a


THAT the minutes of the Sport and Recreation Advisory Committee meeting held on 13

February 2019 be received.

FURTHER THAT membership of Robert Cocco to the Sports and Recreation Advisory

Committee be endorsed.

Council Resolution


Moved Cr Paton Seconded Cr Englert

Cr Payton highlighted several key actions from the Sport and Recreation Advisory Committee

meeting held on 13 February 2019.

CARRIED


MIN/13.03.2019 FOLIO 61214

10.4 DRAFT MINUTES SUSTAINABILITY AND ENVIRONMENT ADVISORY

COMMITTEE

Author Manager Parks, Environment and Sustainability

Purpose

Attached is a copy of the draft minutes of the Sustainability and Environment Advisory

Committee (SEAC) held on 21 February 2019 for information purposes.

Related Parties

Reef Catchments – Katrina Dent and Traci Ellwood

North Queensland Bulk Ports (NQBP) – Kevin Kane and Gary Campbell

Linked Group - Peter Shaw and Jason Sharam

Sugar Research – Phil Ross

Background/Discussion

The Sustainability and Environment Advisory Committee met on 21 February 2019. There

were no recommendations made as a result of the meeting. The committee received two

presentations. The first was an overview of the main environment and sustainability projects

being considered as part of the 2019/20 budget and the second was an overview of the

Environmental Sustainability Strategy. The committee also received an update on grant

applications recently submitted by Council and project partners.

An action from the meeting held on 4 December 2018 was to update the Terms of Reference

(TOR) of the committee to change the meeting frequency from three times per year to

quarterly. This change has been made and the updated TOR was circulated to committee

members with the February meeting agenda. The revised TOR now needs to be adopted by

Council.

Consultation and Communication

Once accepted by Council, the committee minutes will be circulated and made available on

Council’s website.

Resource Implications

Nil.

Risk Management Implications

Nil.


MIN/13.03.2019 FOLIO 61215

Conclusion

Council has been provided with the February 2019 Sustainability and Environment Advisory

Committee meeting minutes for information.


THAT the draft meeting minutes for the Sustainability and Environment Advisory

Committee meeting held on 21 February 2019 be received, and

FURTHER THAT the amended Terms of Reference for the Sustainability and

Environment Advisory Committee be adopted by Council.

Council Resolution



Cr Camm highlighted several key activities from the Sustainability and Environment Advisory

Committee meeting held on 21 February 2019.

CARRIED

11. CORRESPONDENCE AND OFFICERS' REPORTS:

11.1 OFFICE OF THE MAYOR AND CEO MONTHLY REPORT - MARCH

2019

Author Chief Executive Officer

Purpose

To Provide Council with the Office of the Mayor and Chief Executive Officer's Monthly

Report for month of March 2019.

Related Parties

N/A.


All departments within MRC prepare a Monthly Review which identifies activities undertaken

and progress made during the specific month.


MIN/13.03.2019 FOLIO 61216


The report contains input from relevant Programs across Council.


As required to compile report, which is a routine task for multiple employees.


Nil.

Conclusion

Council is kept informed of activities within the Office of the Mayor and Chief Executive

Officer and of major initiatives and projects across Council.


THAT the Office of the Mayor and Chief Executive Officers Monthly Report for March

2019 be received.

The Chief Executive Officer (CEO) spoke to the report and provided an overview and

highlights of the Office of the Mayor and Chief Executive Officers Monthly Report for March

2019. He congratulated the Project Team and the Project Control Group on the successful

opening on Saturday 9 March 2019 of the Mackay ARC

Cr Camm queried if there is a strategy in place to widen the search area for recruitment when

required.

The CEO advised the recruitment process has been reviewed and amended where required,

noting a tightening employment market.

Cr May queried if it was possible for RSDC updates to be included in future reports.

The CEO confirmed he will include RSDC in future reports.

Cr Gee queried if the Camilleri District Park project was on track for completion of stage one

by the end of 2019.

The CEO advised as per the funding agreement that is the deadline for this project and Council

will meet this requirement.

Cr Bonaventura queried if the damage to Dalrymple Road and Boundary Creek Bridge from the

NQ and FNQ Monsoon Trough is covered by Category B and D funding or will Council need

to contribute funding.

The CEO advised a funding application has been submitted for these works with the State and

Council is waiting for a response.


MIN/13.03.2019 FOLIO 61217

Cr Bonaventura queried if the requirement for fish passage to be included in the design of the

Boundary Creek causeway would cause any delays.

The CEO advised he does not envisage this causing any delays to the project.

Cr Casey followed on from Cr Bonaventura's query in relation to Dalrymple Road and queried

if the Geotech testing has been completed.

The CEO advised he would take this on notice and provide this information the Councillors via

email.

Cr Paton queried if the changes in scope for the small scale solar installations has affected the

budget for this project.

The CEO advised this project will be delivered on budget.

Cr Walker queried if Council has utilised the Council Comparison Tool referenced in the

LGAQ are of the GWCoM's update.

The CEO advised Council is currently not utilising this tool very much.

Council Resolution


Moved Cr Camm Seconded Cr Casey

Cr Camm highlighted and thanked staff on their cross collaboration on two major projects; the

Mackay ARC and the boat ramp upgrades being funded under Building Better Regions.

Cr May highlighted and congratulated the staff for the nine (9) shovel ready projects which are

progressing to be best placed for Council to liaise with the Federal Government in relation to

funding. She also mentioned the SES review undertaken by QFES and the appointment of

Regional Assistant Commissioners.

Cr Bonaventura noted that he had initially questioned the ability to deliver the project on

budget but acknowledged the success of the Mackay ARC being completed on time and on

budget and congratulated everyone involved.

CARRIED


MIN/13.03.2019 FOLIO 61218

11.2 COMMUNITY AND CLIENT SERVICES MONTHLY REVIEW

FEBRUARY 2019

Author Director Community and Client Services

Purpose

Attached is a copy of the Community and Client Services Monthly Review for the month of

February 2019.

Related Parties

n/a


THAT the Community and Client Services Monthly Review covering 1-28 February

2019 be received.


highlights of the Community and Client Services Monthly Report for February 2019.

Cr May queried if she was required to declare a conflict of interest in relation to the Sarina

Community Bank Branch Bendigo Bank Festival of Arts sponsorship as she is the Chair of the

Sarina Community Bank Branch.

The Mayor noted Cr May's query and advised Cr May did not have a conflict as the matter is

listed for information only.

Cr Bonaventura queried the reason for the decrease in the number of Environmental Health

Schools Sessions held.

The CEO advised the figures listed in this graph are for calendar years, not financial years, and

future reports will make note of this.

Cr Englert queried if Council was leading the review of the SES membership with QFES.

The CEO confirmed Council will be involved in the review of SES membership.


MIN/13.03.2019 FOLIO 61219

Council Resolution


Moved Cr Paton Seconded Cr Bonaventura

Cr Paton acknowledged the work undertaken by Council's Sport and Recreation Development

Officers in making the 2019 Sports Expo the success it was with approximately 7,500 attending

throughout the day.

Cr Bonaventura congratulated the staff on the success of the Chinese New Year event which was

enjoyed by all who attended.

Cr Bella advised he was pleased to see the mosquito control work carried out by the Vector Control

team. He believes Council should continue to control pest species be they either fauna or flora.

Cr May congratulated Robert Ryan in coordinating the Youth Ambassador program noting increased

participation for 2019.

Cr Mann advised in relation to Cr Bella's comments on pest management, both herself and Cr May

attended the Regional Pest Management Group meeting and there were various stakeholders in

attendance discussing and actioning pest management for the region.

CARRIED

Cr Casey declared a perceived conflict of interest (as per section 175E of the Local Government Act

2009) on this matter (Item 11.3) due to being a Vice Patron of the Mackay Surf Life Saving Club Inc.

and left the room at 10.30 am, taking no part in the debate or decision of the meeting.

Cr Mann declared a perceived conflict of interest (as per section 175E of the Local Government Act

2009) on this matter (Item 11.3) due to being a Member of Slade Point Neighbourhood Watch and

left the room at 10.30 am, taking no part in the debate or decision of the meeting.

Cr May declared a perceived conflict of interest (as per section 175E of the Local Government Act

2009) on this matter (Item 11.3) due to being a Vice President of the Sarina Landcare Catchment

Management and left the room at 10.30 am, taking no part in the debate or decision of the meeting.

Voting then recorded as per usual.


MIN/13.03.2019 FOLIO 61220

11.3 COMMUNITY GRANTS ROUND 2 2018/19

File No Community Grants

Author Director Community and Client Services

Purpose

The Community Grants Committee assessed applications on 19 February 2019 for the second

round of grants in the 2018/19 financial year. This report contains details of applications

received and the Committee’s recommendations for funding.

Related Parties

As per Community Grants Applicants' list attached.


32 applications, requesting a total of $181,302.06 were received by 1 February 2019, the

closing date for this round of the grants program. Members of the grants committee

individually assessed applications prior to the meeting. Assessment panel members declared

the following conflicts of interest:

• Cr Fran Mann - Slade Point Neighbourhood Watch - Member of the Group

• Cr Karen May - Sarina Landcare Catchment Management - Member of the Group

Assessments are done electronically through SmartyGrants and once a conflict of interest is

declared, assessment on that application cannot be proceeded with and the above mentioned did

not participate in discussions around those applications.

At the assessment meeting, members shared further information, which was available,

applications were prioritised and funding levels determined. (Please see attachment for details

of applications.)

General enquiries were undertaken to ensure that applicants were not requesting funding for a

service/project/event which was already available to the community as a whole. Further

research into specific groups, content of applications and acquittals of previous grants was

undertaken to provide additional information requested by members of the Grants Committee.


The Grants Assessment Committee for this round consisted of: Councillors Fran Mann, Karen

May, Laurence Bonaventura, and Ross Gee, along with Director Community and Client

Services and Manager Finance.


MIN/13.03.2019 FOLIO 61221


The budget available for the 2018/19 grants program is $260,000.00 excluding GST. The

budget for Round 2 was increased as the Mackay Swimming Academy returned funds from

their Round 1 application.

Committed Funds

(Ex GST)

Balance Available

Total Community Grants Budget 18/19 $260,000.00

Committee Recommendations from Round 1 $77,836.14

Committee Recommendations from Round 2 $93,853.51

Committee Recommendations from Round 3

Balance Remaining $88,310.35


There is a minimal risk for Council in the allocation of funds from the community grants

budget to the approved organisations. The risk is mitigated by the required acquittal process,

only incorporated bodies can apply, and the provision of applicants' financial statements. This

level of mitigation is in keeping with the grant amounts involved. Should any of the successful

applicant organisations fail to appropriately acquit the approved funds, they will be ineligible to

receive future funding.

Conclusion

The request for financial assistance from not-for-profit community organisations continues to

far exceed the funds available through Council’s Community Grants program. As a result this

round, like many others, continues to be competitive and challenging for the grants assessment

committee.


MIN/13.03.2019 FOLIO 61222


THAT funding be approved through the Grants Program for the following groups for the

stated amounts:

Organisation Name Amount

Mackay & District Orchid Society Inc $1,000.00

Mackay Central State School Parents & Citizen Association $4,717.50

Mackay Athletics Club Inc $5,000.00

Mackay Rowing Club Inc $4,160.00

Mackay Veteran Golfers Association Inc $2,945.00

Kidney Support Network $1,000.00

Mackay Surf Life Saving Club Inc $4,257.00

Sarina Surf Life Saving Club $10,000.00

Koumala Progress Association Inc $7,345.45

Shed Happens, G'day Mate Inc- Mackay Chapter $4,200.00

Breakaway Horse Riders Club Inc $576.13

Bakers Creek Australian Football Club Inc $2,200.00

Koumala & District Bushman's Carnival Association Inc. $826.56

The Scout Assoc of Aust - Qld Branch Inc (Hibiscus Coast District) $2,050.00

Mackay Family History Society Inc $676.00

Sarina Landcare Catchment Management Association Inc $1,600.00

Mackay Riding for Disabled Association $4,158.00

Film & Arts Mackay Inc $2,000.00

The Trudy Crowley Foundation $2,500.00

Finch Hatton Airstrip Association Inc $10,000.00

RACQ CQ Rescue $5,000.00

Leap Yakapari District Development Association Inc $9,375.00

Pioneer Catchment & Landcare Group Inc $8,266.87

Total $93,853.51

Council Resolution


Moved Cr Bonaventura Seconded Cr Walker

Cr Bonaventura advised there were 32 applications and thanked his fellow Councillors and

staff who formed part of the assessment panel. Some applications were not completed

correctly, and staff will contact these applicants to assist them with future applications.

Cr Gee advised he forms part of the assessment panel and each application is assessed

individually and is very pleased with the broad range of demographics and localities.

CARRIED

10.32 am - Cr Casey, Cr Mann and Cr May returned to the Meeting Chamber.


MIN/13.03.2019 FOLIO 61223

11.4 NEW COMMUNITY LEASING POLICY AND RATING SYSTEM

File No Policy

Author Manager Property Services

Purpose

To present the Community Organisations Leasing Policy strategy for adoption, the policy

provides a consistent process for the granting, renewal and management of Council’s freehold

and trustee land tenure for not-for-profit community organisation including, but not limited to: -

• policy direction;

• whole of Council approach and support to tenure management;

• client service and consultation;

• sustainability and awareness; and

• management and compliance.

Related Parties

• Community not-for-profit Organisations that hold a lease with Council.

• Mackay Regional Council


The review of Council's not-for-profit community leases by Property Services confirmed that a

varied range of tenure agreements were in existence, conditions being dependent on the date of

creation and Council direction at the time of preparation.

Requests by not-for-profit community groups are received by Council through various

programs, Councillors or the Mayor and subsequently directed to either Property Services or

Community Lifestyle for investigation. The request is reviewed to determine the financial

capacity of the community group to establish group and be sustainable and whether there is a

community benefit generated from the proposal.

Current lease documents include the Lessee being responsible for the following:

• lease rental of $50.00 + GST per annum

• all maintenance/repairs within the lease area

• all rates and charges (rebates are available)

• tenure term is for ten years

The exemption to the above are the community groups utilising the Brewers Park Complex.

These Clubs are on Sarina Shire Licence agreements, wherein they do not pay rates. It is

anticipated that following the adoption of the new policy, the Clubs will be placed on new lease

agreements.


MIN/13.03.2019 FOLIO 61224

It was apparent to Council Officers that the introduction of a Policy and Tenure Process was

required to streamline all new lease enquiries as well as lease renewals. The introduction of the

two new documents will also satisfy internal audit requirements.

Council was briefed on this matter on 23rd January, with the outcome being that the draft new

policies be brought to Council for consideration.

The new policy will include the following changes:

• The introduction of a new rating category of a 75% rate remission of total rates, charges

and levies (excluding water consumption charges) to Not for Profit organisations that

hold a current lease with Mackay Regional Council and has a limited ability to generate

income (income up to $20,000.00). Capacity to earn this amount is not inclusive of

grants.

• New tenure rental - this is to be based on income generated through the ability to have a

liquor licence and/or gaming licence

Proposed New Tenure Agreement Rental

Description First Year of

New Tenure

(Not

Renewal)

Annual

Charge –

balance of

Tenure

Liquor

Licence

Gaming

Licence

Total

Per

Annum

Tenant has limited

ability to generate

income.

(Income between $0 to

$20,000.00

e.g. Progress

associations or small

community groups.

0.00 20.00 0.00 0.00 20.00

Tenant has ability to

generate income through

their liquor licence.

(Income between

$20,000.00 to

$30,000.00)

Small sporting clubs.

E.g. Football Clubs

0.00 25.00 25.00 0.00 50.00

Tenant has ability to

generate income through

their liquor licence.

(Income between

$30,000.00 to

$40,000.00)

Medium sporting clubs.

e.g. Mackay Jnr Rugby

50.00 75.00 25.00 0.00 100.00


MIN/13.03.2019 FOLIO 61225

Proposed New Tenure Agreement Rental

Description First Year of

New Tenure

(Not

Renewal)

Annual

Charge –

balance of

Tenure

Liquor

Licence

Gaming

Licence

Total

Per

Annum

League, Mackay

Netball, Pioneer Tennis.

• New Tenure Terms - the term of the lease is to be based on the contribution by the Lessee to

capital improvements

It should be noted that the new leasing policy will not come into effect until the Rates are

adopted through the budget process.


Initial consultation and discussions has taken place with Director Organisational Services,

Manager Property Services, Supervisor Land Operations - Property Services, Lease and Land

Officer - Property Services, Community Lifestyle, Legal Counsel and the Senior Leadership

Performance Team.

Future consultation will include Councils community organisation tenants.


There will be some impact on the rating income with the introduction of the 75% remission for

organisations that have a lease and earn up to $20,000. This is estimated at approx. $15,000.00.

Category Tenure Tenure

Length

1 New Tenure Maximum 5

years

2 Renewed Tenure

(Following review of sustainability, need, activation and financial

capability.)

Maximum 10

years*

3 Renewed or new tenure where contribution to capital

improvements & demonstrated community benefit of

greater or equal to: -

$1,000,000.00 15 years*

$2,000,000.00 20 years*

$5,000,000.00 20 years +*

(upon

assessment)

* Subject to Council discretion


MIN/13.03.2019 FOLIO 61226

Rental income from not-for-profit organisations for the 2017/18 financial year was estimated at

$2,150.00, under the new system, it is anticipated that this amount should not vary significantly

from this figure.


Approved policy and process will provide a consistent approach to implementation and

management of tenure including: -

• Facility management

• Quality of facilities

• Sustainability of organisations

• Appropriate and best utilisation of Council controlled land to meet the future region's

needs.

• Consistent level of service across the region.

Conclusion

The implementation of the Policy and Tenure Process will provide a consistent process for the

granting, renewal and management of Council’s freehold and trustee land tenure for not-for-

profit community organisations.


THAT Council adopt the new Community Organisations Leasing Policy which will be

enacted with a change to the Rating Remissions for Non-Profit Community Organisations

to be adopted with the Budget for 2019-2020.

Council Resolution


Moved Cr Casey Seconded Cr Paton

CARRIED


MIN/13.03.2019 FOLIO 61227

11.5 CAPITAL WORKS MONTHLY REVIEW - 1 FEBRUARY 2019 TO 28

FEBRUARY 2019

Author Director Capital Works

Purpose

Attached is a copy of the Capital Works Monthly Review for the month of 1 February 2019 to

28 February 2019.


THAT the Capital Works Monthly Review for the period of 1 February 2019 to 28

February 2019.


highlights of the Capital Works Monthly Report for February 2019.

Cr Bonaventura queried the allocated landscaping funding for the Bakers Creek Ferris Gully

Ch 335-4200 Landscaping Works project.

The CEO advised this project is using best practice in relation to nutrient management through

wetlands fauna to reduce nutrient runoff.

The Director Engineering and Commercial Infrastructure (DECI) advised further that the

project includes a fully vegetated drain with two (2) objectives being improved water quality

and reduced maintenance going forward. Developer contributions are contributing to the

funding for water quality offsets and rather than a localised area Council is trying to push into a

regional approach. This section of drain is a trial to assess future ongoing maintenance and

when the project extends further towards Bakers Creek and future developments of the drain

and the future regional wetlands plan for the bottom of the catchment area.

Cr Bonaventura queried if the reduction of ongoing maintenance costs would take a few years

before it is achieved.

The DECI advised it is a long-term view in relation ongoing maintenance costs.

Cr May commented that most of the plants used in vegetating this drain are being supplied by

Council's nursery.

Cr Camm queried the Northern Beaches Community Hub design contract awarded in February

2019 and the scope of this contract when Councillors have yet to be briefed on this project.

The CEO advised the contract was awarded was in relation to land tenure assessment as a result

of the briefing held with Councillors in late 2018.

Cr Camm queried subsequent to the land tenure, would there be any stakeholder engagement or

has this already occurred to form the scope of this contract.


MIN/13.03.2019 FOLIO 61228

The CEO advised there has been no community consultation undertaken as this stage.

Cr Camm advised she was concerned that Council was starting with the building and

infrastructure instead of community consultation and would like the briefing to Councillors to

include social planning data and demographic data.

The CEO confirmed this information will be included in the briefing to Councillors.

Council Resolution


Moved Cr Paton Seconded Cr Casey

Cr Paton congratulated the Directorate on the magnificent work being undertaken with 92%

capital delivery and the success of the Mackay ARC opening.

Cr Bella noted the completion of the Eton water supply and this has improved the aesthetics of

the water for the Eton residents and looks forward to the Koumala water supply improvement

project.

CARRIED

11.6 BAKERS CREEK SOUTH MACKAY STORMWATER TRUNK

INFRASTRUCTURE STUDY

Author Infrastructure Planning Engineer

Purpose

To adopt the Bakers Creek South Mackay Stormwater Trunk Infrastructure Study as the

basis for informing planning controls and stormwater infrastructure upgrades for urban

development within the catchment.

Related Parties

The area of interest is shown in Figure 1. Owners of large parcels of land in the catchment

include Queensland Rail Limited (20.2 ha), North Queensland Airports No. 3 (Mackay) Pty

Ltd, Hastings Deering (22.9 ha), TTPH Pty Ltd (38.7 ha), Bosso Holdings Pty Ltd & Maggiolo

Holdings Pty Ltd (33.9 ha), Hastings Deering (22.9 ha) and A& S Sorbello (19.3 ha).


MIN/13.03.2019 FOLIO 61229


The Bakers Creek South Mackay Stormwater Trunk Infrastructure Study was commissioned to

better understand stormwater and flood patterns in Ooralea, South Mackay and Paget that drain to

Bakers Creek. AECOM was engaged in November 2017 to complete the the Study.

The Study identified existing flood levels and risks and considers options for structural and non-

structural mitigation measures of these areas. Design flood levels are established and intended to

be incorporated into the Mackay Region Planning Scheme 2017 flood hazard overlay mapping,

with mitigation options considered under the Flood and Stormwater Management Strategy project

prioritisation framework.

This report identifies the outcomes of the investigation for consideration by Council and

recommends that design flood levels are incorporated into the Mackay Region Planning Scheme

2017. The report does not recommend mitigation works identified. Options identified will be

considered at a regional scale using the project prioritisation framework and individual projects

subject to standard business case development processes.

The study area is shown in Figure 1 and includes residential areas east of the Bruce Highway and

north of Boundary Road as well as the entire industrial precinct of Paget across the South East

portion of the study area. The study covers an area of approximately 165 km2 and fills a gap in

understanding of local flooding and drainage behaviour south of the Shellgrit Creek Catchment

Drainage Study (Cardno 2014) and east of the Bakers One Catchment Stormwater Trunk Drainage

Study (WRM 2015).

Hydrological and hydraulic modelling was completed having consideration for the industry

standard guideline, Australian Rainfall and Runoff (ARR) 2016. The physical area was

represented using a combination of aerial LiDAR collected in 2015, 2017 aerial photography and

where critical, additional ground survey. Approximately 80 km of pipes and culverts and more

than 2000 pits and manholes with details derived from Council’s assetic database were included in

the model to represent drainage infrastructure.


MIN/13.03.2019 FOLIO 61230

Figure 1Map of study area showing general topography and major drainage paths.

The February 2008 and March 2018 (TC Debbie) events were used for calibration. Rainfall

records from BoM gauges within and near the study area were applied to the model. Over 20

recorded flood levels for the 2008 event and 7 recorded levels for the 2018 event were compared

to modelled peak flood levels. Calibration confirmed that the model developed was suitable for

representing flood and drainage patterns within the study area.

Design rainfall events for the following Annual Exceedance Probabilities (AEPs) were simulated

to determine existing flood and stormwater hazards;

• 38% (1 in 2 year ARI)

• 18% (1 in 5 year ARI)

• 2% (1 in 50 year ARI)

• 1% (1 in 100 year ARI)

• 0.2% (1 in 500 year ARI)

• Probable Maximum Flood (PMF)

Existing scenario flood hazards assumed Mean High Water Spring (MHWS – 2.35 m AHD/5.24

m Tide Datum) tidal levels. Projected year 2100 flood hazards were modelled by applying a 20%

increase in rainfall intensities and a 0.8 m increase in tide levels in line with industry standard


MIN/13.03.2019 FOLIO 61231

recommendations outlined in the report Increasing Queensland’s Resilience to Inland Flooding in

a Changing Climate (DERM, DIP, LGAQ, 2010).

Projected year 2100 scenarios were completed for the 1% AEP and 0.2% AEP events to satisfy the

State Planning Policy – state interest guidance material: Natural hazards, risks and resilience -

Flood– July 2017 requirements of incorporating the projected impacts of climate change into

planning for natural hazards, risk and resilience. The scenarios are intended to be incorporated into

the Mackay Region Planning Scheme 2017 flood hazard overlay mapping and also used for the

identification of minimum development and floor levels.

Modelled flood depths and velocities for the full range of probabilities simulated were analysed to

understand existing flood hazards of the study area and target areas for mitigation. Modelling

results matched well to areas of known issues and previous drainage studies.

Property floor levels identified from Terrestrial LiDAR were applied to flood depths to determine

properties impacted by above floor flooding. A summary of the findings is detailed in Table 1.

Table 1 Baseline property inundation

AEP Event No. Residential

Buildings Impacted

No. Commercial

Buildings Impacted

Total No. Buildings

Impacted

38%

2 2

18%

2 2

2% 3 2 5

1% 6 5 11

0.5% 16 11 27

0.2% 43 31 74

PMF 445 304 749

In general, the flood immunity of the study area is good, with very few buildings impacted by

frequent (<18% AEP) flooding. While isolated instances of above floor flooding occur across the

entire study area, a concentration of impacted properties occurs along Absolon Street.

In terms of frequent nuisance flooding of urban properties not above floor levels, older areas of

Absolon Street, Webster Street, Kindemar Street and Simpson Street experienced the most

frequent inundation with several yards inundated and property access impacted. Within Ooralea,

where extensive investment in the drainage network occurred as part of development of

Cuttersfield Estate, nuisance flooding is generally contained within the drainage network and road

reserves.

Region specific flood damage curves were applied to above floor flooding results to estimate the

Average Annual Damage (AAD) cost of flooding within the study area arising from local flood

events. AAD provides a high-level indication of an areas exposure to economic risks associated

with flooding and provides a critical input to cost benefit analysis. The flood damage curves were

developed as part of the Mackay Floodplain Management Plan and relate the depth of flooding

above floor level to the cost of damage for a range of building types and uses across the region.

The study calculated an AAD of $284,000 for existing conditions.


MIN/13.03.2019 FOLIO 61232

Several non-structural and structural (capital works) mitigation options were developed to address

issues identified across the study area. Six structural mitigation options targeting the Absolon

Street area and upgrades to trunk drainage were modelled under ultimate development scenario

conditions to test the effectiveness of proposed drainage upgrades. Modelling showed a reduction

in nuisance flooding in the Absolon Street area and adjacent to trunk drainage upgrades. A

subsequent property flood damage assessment identified a reduction in AAD of $48,000. The

estimated capital cost of all the mitigation options totalled $19.2 M, with most of those costs

associated with improvements to the South Mackay Main Drain. A Benefit Cost Ratio (BCR) that

considered tangible damages only, returned a BCR of 0.12, however, any proposed drainage

upgrades should also consider non-financial criteria.

Compared to the existing scenario, the projected 2100 scenario identified a significant increase in

both the number of properties impacted and the severity of the impacts. The State Planning Policy

– state interest guidance material: Natural hazards, risks and resilience – Flood – July 2017

recommends that these hazards are incorporated into Council decision making processes.


Manager Technical Services

Manager Strategic Planning

Principal Engineer Strategic Planning

Council Briefing on 20 February 2019


Incorporation of the flood levels into the Mackay Region Planning Scheme 2017 flood hazard

overlay mapping will be undertaken as part of a minor amendment package. The proposed minor

amendment will also incorporate mapping produced as part of the Sarina Drainage Study 2018,

which was formally adopted by Council on November 2018, and update a number of other overlay

maps to reflect updated SPP mapping layers. The amendment to the planning scheme mapping

will involve the update of Council’s internal (MADI) and publicly available (MiMaps) online

mapping services.

Schedule 1, section 2(k), of the Ministers Guidelines and Rules Under the Planning Act

2016 – July 2017 provides that a minor amendment can include:

Ensures the planning scheme contains the most up-to-date information about the

risks to life and/or property by providing for the inclusion of new or amended

natural hazard mapping in the scheme where the mapping is-

i. for a flood hazard area – based on a localised flood study that has been

undertaken by an RPEQ, includes climate change projections and has been

accepted by a local government.

The inclusion of the prepared flood mapping into the Mackay Region Planning Scheme 2017 will

be in accordance with this section of guidelines. For these type of proposed amendment, Council

must give notice to every property owner affected by the change. This will involve a mail out to

approximately 2,000 landholders within the Bakers Creek South Mackay catchment.


MIN/13.03.2019 FOLIO 61233

Approval to begin the minor amendment process will be requested in a subsequent report to

Council at this ordinary meeting. It is anticipated that the minor amendment will commence as a

new version of the Mackay Region Planning Scheme 2017 around mid-2019, after having

followed the process required under the Minister’s Guidelines and Rules – July 2017.

Prioritisation of mitigation options will be undertaken as part of business as usual operations for

the Strategic Planning and Technical Services programs, with input from the Capital Works

directorate as required.


Flood hazard information across part of the study area is available as part of the Gooseponds

Creek (including Pioneer River) Flood Study (WRM 2015). However, those sections of the study

area are only affected by overflows from Pioneer River flooding during rare events. No flood risk

information is available for the majority of the study area and no frequent/nuisance flooding

information is available over the entire study area. It is the responsibility of local governments to

define natural hazards within their Local Government Area and make that information available to

the public. The major risk of not adopting the study relate to planning and development decisions

being made that do not consider the best hazard information available and decisions made that are

not in line with a long term understanding of flood hazards. Providing flooding information on

mapping services will also assist with emergency management.

Flood hazards identified through the study do not present a high risk to the community in the

context of broader regional flooding and are not required to be addressed immediately. The

Absolon Street area has been the subject of community complaints and it is recommended that

further consideration and optimisation of mitigation options near Absolon Street and trunk

drainage is completed to alleviate frequent nuisance flooding.

There is a minor level of risk associated with public notification. Council completed a similar

amendment of the flood hazard overlay in 2018. Enquires from that notification process identified

the perception that Council is causing the flooding. This perception was managed through clear

messaging whereby,

• the mapping produced identifies the flood hazard extent of a rare event (0.2% AEP

in any one year) under projected climate change conditions for the year 2100,

assuming existing development scenarios.

• The mapping allows for Council to allow for appropriate planning of potential future

hazards.

• The flood study also allows for developments which may impact stormwater and

flooding patterns to be analysed for potential impacts.

Furthermore, the public notification letter which was issued to impacted landholders under the

previous flood hazard overlay will be reviewed by Council’s legal team.


MIN/13.03.2019 FOLIO 61234

Conclusion

The Bakers Creek South Mackay Stormwater Trunk Infrastructure Study was completed by

engineering consultants AECOM, having regard for the ARR 16 industry standard guideline. The

study has identified flood hazards for a range of events, including the projected impacts of climate

change that will assist Council officers and the community plan for and respond to flood hazards.

The mapping of flood hazards has been completed in accordance with the Department of State

Development, Manufacturing Infrastructure and Planning’s requirements, which will allow for

inclusion in the Mackay Region Planning Scheme 2017.

The study produced several mitigation options to reduce flood hazards. Concept testing of the

mitigation options confirmed that they will reduce frequent nuisance flooding in areas of known

community concern. These hazards should be considered in a regional context using the project

prioritisation tool developed as part of the Flood and Stormwater Management Strategy.


THAT Council adopts the Bakers Creek South Mackay Stormwater Trunk

Infrastructure Study as the basis for informing planning controls for urban

development within the catchment and that identified structural and non-structural

mitigation measures be prioritised in a regional context prior to consideration as part

of the future budget approval process.

Cr Bonaventura queried if additional information could be provided on 2008 flood levels

mentioned in the study.

The Chief Executive Officer (CEO) advised he would take this request on notice and provide

this information to the Councillors via email.


MIN/13.03.2019 FOLIO 61235

Council Resolution


Moved Cr Casey Seconded Cr Camm

Cr Casey advised he is pleased to approve this study and looks forward to funding being

allocated during future Council Budget deliberations.

Cr Camm highlighted as part of adopting this report Council's Legal team will be reviewing the

public notification that will be provided to the South Mackay resident precinct.

CARRIED

11.7 ATTENDANCE AT PLANNING INSTITUE OF AUSTRALIA(PIA)

PLANNING CONGRESS 2019


Purpose

This report is to confirm nomination of Councillors for attendance at the Planning Institute of

Australia (PIA) Planning Congress 2019.

Related Parties

Nil.


The Planning Institute Australia’s(PIA) National Congress, which will be held in the Gold

Coast in May 2019 (15-17 May). When the PIA National Congress is held in Queensland,

there is no State Conference organised for that year.

Council has signed up as a silver sponsor to the 2019 Congress. As part of the silver

sponsorship package, Council receives a number of marketing benefits targeted to the over 700

delegates, 2 full registrations and 2 exhibitor registrations, an exhibition booth in the trade area

and 15% discount off any additional Congress tickets. Key planning staff are attending utilising

the provided registrations, with an opportunity for Councillors to also attend applying the 15%

discount.

The Congress has a full web-site with associated details with the event program yet to be

finalised, however a range of Study Tours have been identified including –

• Tweed Heads and Aboriginal Cultural Heritage - Full Day Study Tour


MIN/13.03.2019 FOLIO 61236

• Catch the G - Citybuilding infrastructure and light rail - Full Day Study Tour

• Waterways and The Spit - Full Day Study Tour

• Comm Games - Full Day Study Tour

• Planners hit the streets - Half Day Walking Study Tour

• YPConnect Workshop

With the National Congress being held in Queensland this provides an opportunity for

attendance with a reduced travel cost from inter-State venues.

Details of the Congress were provided to Councillors, with Cr Walker indicating an interest in

attending.


Mayor and Councillors.


Cost of registration for the Congress if booked before 28 April is $1,823.25 (discounted from

$2,145), plus $110 for Study Tour attendance. Other costs will include air fares and

accommodation. Total costs expected to be approximately $3,000 per attendee.

Costs will be covered within the existing Councillor Conferences area of the Office of the

Mayor and CEO budget.


Nil.

Conclusion

The opportunity to attend a national Congress in Queensland, plus the ability to utilise the 15%

discount, enhances the key learning opportunities presented from such a Congress and

associated events.


THAT Council approve Cr Walker to attend the Planning Institute of Australia (PIA)

National Congress being held on the Gold Coast between 15th and 17th May 2019.

Council Resolution



CARRIED


MIN/13.03.2019 FOLIO 61237

11.8 MACKAY REGION PLANNING SCHEME 2017 - MINOR AMENDMENT 3

- FLOOD HAZARD AND OTHER STATE PLANNING POLICY OVERLAY

MAPPING - DECIDE TO AMEND THE PLANNING SCHEME

Author Principal Planner – Local Planning

Purpose

The purpose of this report is for Council to consider whether to “decide to amend the planning

scheme” through a minor amendment process in accordance with chapter 2, part 2, section 5.1

of the Minister’s Guidelines and Rules Under the Planning Act 2016 – July 2017 (MGR). The

proposed minor amendments to the Mackay Region Planning Scheme 2017 (planning scheme)

will:

• incorporate updated flood hazard mapping from the ‘Bakers Creek South Mackay

Stormwater Trunk Infrastructure Study’ (subject of a separate report at this Ordinary

Meeting) and the ‘Sarina Drainage Study 2018’ into the planning scheme flood hazard

overlay maps;

• comply with the State Planning Policy (SPP) mapping of Priority Development Areas

(PDAs), by amending planning scheme zone maps to remove zoning of sites within the

Mackay Waterfront PDA and the Andergrove PDA, noting that they are regulated under

the Economic Development Act 2012 (ED Act); and

• update several overlay maps to reflect amendments to the SPP mapping.

Related Parties

The Bakers Creek South Mackay Stormwater Trunk Infrastructure Study is subject to a

separate Council report. The Sarina Drainage Study 2018 was adopted by Council on 14

November 2018. The related parties for these studies are all properties identified in the

mapping of these studies.

The inclusion in the planning scheme through a minor amendment process is required to reflect

these studies in the planning scheme’s overlay mapping. Affected property owners in the study

areas will receive a letter in the mail advising of a change to the flood hazard overlay mapping

which affects their property. Letters will be sent to approximately 2000 property owners in the

Bakers Creek South Mackay Stormwater Trunk Infrastructure Study area and 950 property

owners in the Sarina Flood Drainage Study area.

Reflecting SPP mapping amendments in the planning scheme overlay layers (where relevant) is

required to ensure the planning scheme remains SPP compliant. The detail of the overlay maps

proposed to be updated to reflect the SPP are being finalised and will be included in a future

Council report.

The planning scheme minor amendment process only requires affected property owners to be

notified if the amendment relates to new or amended natural hazard mapping. Notification is

not required if updating the planning scheme overlay maps to reflect any other SPP mapping.


MIN/13.03.2019 FOLIO 61238


It is important to keep the planning scheme up to date with latest and most accurate mapping

and information available.

The proposed amendment will:

1. Update the Flood and coastal hazards overlay maps – Flood Hazards – Area affected by

1% and 0.2% AEP flood event layers to incorporate flood mapping from the following

studies:

a. The Bakers Creek South Mackay Stormwater Trunk Infrastructure Study

(subject to approval as a separate item at this ordinary meeting); and

b. The Sarina Drainage Study 2018 (adopted 14 November 2018).

2. Update the Biodiversity overlay maps – waterways and wetlands – ‘wetlands’ and

‘wetlands buffer’ layers to reflect the latest version of the SPP mapping for Biodiversity

– Matters of State ecological significance – High ecological significance wetlands.

3. Update the Planning scheme zone maps to show that the following areas are regulated

under the ED Act: the Mackay Waterfront PDA and the Andergrove PDA. Zone

information will be removed and a note added over both areas, clarifying that they are

regulated under the ED Act. This amendment is to comply with SPP mapping of PDA

areas and to apply a consistent mapping approach to all PDAs within the planning

scheme area.

4. Further investigations on SPP mapping updates are taking place. This may result in

additional mapping updates being included as part of these proposed amendments. Any

additional amendments (not listed above) will be identified in the second and final

report to Council regarding this proposed minor amendment.

Section 20 of the Planning Act 2016 (Act) allows a local government to amend a planning

scheme by following the process set out in the MGR. The amendment process is proposed to be

a “minor amendment” because the amendments are of a nature that do not require public

consultation, but make changes that are more substantial than those allowable under an

administrative amendment. Schedule 1, item 2 of the MGR provides a definition of a minor

amendment. Aspects of the definition relevant to the proposed amendments with the details of

the amendments to which they relate are as follows:

a minor amendment to a planning scheme is an amendment that is not an administrative

amendment and that the local government is satisfied meets any of the following -

e) reflects a current development approval, a master plan for a declared master

planned area, or an approved development plan under the South Bank Corporation

Act 1989, or an approval under other legislation;

The relevant amendments remove the zoning of sites within the Mackay Waterfront PDA and

the Andergrove PDA and add a note stating that they are regulated under the ED Act.

h) reflects a change or changes to mapping in Appendix 1 of the SPP where the

mapping is not locally refined by the local government and is not mapping under

section 2(k) of this schedule;


MIN/13.03.2019 FOLIO 61239

The relevant amendments:

Update the Biodiversity overlay map – waterways and wetlands to reflect SPP mapping

for Biodiversity – Matters of State ecological significance – High ecologically

significance wetlands

Update other overlay maps to reflect SPP mapping updates.

k) ensures the planning scheme contains the most up-to-date information about the

risks to life and/or property by providing for the inclusion of new or amended

natural hazard mapping in the scheme where the mapping is-

i. for a flood hazard area – based on a localised flood study that has been

undertaken by an RPEQ, includes climate change projections and has been

accepted by a local government; …

The relevant amendments update the flood hazard overlay mapping to incorporate flood

mapping prepared under the ‘Bakers Creek South Mackay Stormwater Trunk Infrastructure

Study’ and the ‘Sarina Drainage Study 2018’.

Chapter 2, part 2 of the MGR sets out the process required to make a minor amendment. Key

steps considered relevant to the amendments proposed are:

5 Planning and preparation

5.1 To make a proposed amendment, the local government must decide to amend the

planning scheme.

5.2 The local government must prepare the proposed amendment.

5.3 If the proposed amendment is an amendment listed under Schedule 1, section 2(k) –

a) the local government must give notice to every property owner affected by the

planning change about the meaning of the change and how to obtain further

advice; and

b) the local government may decide to take the actions prescribed in Chapter 4.

5 Adoption

5.4 The local government must decide to adopt or not proceed with the proposed

amendment.

5.5 If the local government decides to adopt the proposed amendment, the local

government must publish a public notice in accordance with the Act and the

requirements prescribed in schedule 5.

5.6 The local government must, within 10 business days of publishing a public notice,

give the chief executive—

a) a copy of the public notice; and

b) a certified copy of the minor amendment, as adopted, including—

i. an electronic copy of the amendment or instrument; and

ii. a copy of all electronic planning scheme spatial data files (mapping)

relevant to the minor amendment.

Accordingly, the first step for Council to commence the proposed amendments will be to

decide to amend the planning scheme (section 5.1 of the MGR). Following this, Council will

then need to prepare the proposed amendments (section 5.2 of the MGR). As the amendment to

the flood hazard mapping is an amendment listed under Schedule 1, item 2(k) of the MGR,

Council must notify all property owners affected by the planning change about the meaning of

the change and how to obtain further advice (section 5.3 (a) of the MGR). A second report will


MIN/13.03.2019 FOLIO 61240

then provide details about the amendment which has been prepared and ask Council to decide

whether to adopt or not proceed with the proposed amendment (Section 6.1 of the MGR).

Potential for compensation due to changes to flood hazard mapping

Section 30 of the Act sets out when compensation to an affected owner may be applicable due

to an “adverse planning change”. Section 30(2) of the Act defines an adverse planning change

as “a planning change that reduces the value of an interest in premises”. Section 30(4)(e) of

the Act prescribes that an adverse planning change is not “a planning change that is made:

(i) to reduce a material risk of serious harm to persons or property on the premises from

natural events or processes (bush fires, coastal erosion, flooding or landslides for

example); and

(ii) under the Minister’s rules”

Chapter 2, part 2, section 5.3 (b) of the MGR states that “the local government may decide to

take the actions prescribed in Chapter 4” [emphasis added]. Chapter 4 allows planning changes

that reduce a material risk of serious harm to persons or property on the premises from natural

events or processes to be deemed not adverse changes under section 30(4)(e) of the Act, if the

changes are supported by a Feasible Alternatives Assessment Report (FARA). The FARA must

conclude that there is no reasonable alternative to the proposed planning change related to

natural events or processes. In summary, preparing a FARA would protect Council against

claims for compensation due to an adverse planning change under the Act.

The proposed amendments will identify areas within the Flood and coastal hazards overlay –

Flood hazard maps that were not previously within the overlay. However, the proposed

amendments are not considered to be an adverse planning change, given that they do not

increase development requirements from requirements already in the planning scheme.

Current provisions in both the Dwelling house code, and the General development

requirements code require that the minimum floor level of habitable rooms is the highest of the

following:

• 300mm above the defined flood event or defined storm tide event

• RL5.4m Australian Height Datum (AHD) in Mackay urban area, RL5.0m AHD in

Midge Point and RL5.3m AHD in other identified coastal townships

• 225mm above natural ground level

• 300mm above the kerb level or crown of adjoining road

• in addition to the above, an extra 600mm in foreshore areas

Where development is proposed in known flood areas that are not identified on the Flood and

coastal hazards overlay mapping (i.e. flood areas that have not been covered by a flood study),

Council or a Building Certifier can require an applicant to undertake a flood study to

demonstrate compliance with the above provisions.

The Flood and coastal hazards overlay code has the same requirement as the floor level

requirements identified above. Therefore, the proposed amendments do not increase

development requirements from those already in force under the planning scheme. The

proposed amendments will mean that landowners do not need to carry out their own flood


MIN/13.03.2019 FOLIO 61241

study to determine the relevant flood event height, as this is already done by Council’s flood

studies.

Given that the proposed amendments are not considered to be an “adverse planning change”, it

is considered that the compensation provisions under section 30 of the Act do not apply in this

instance.


Minor amendments do not require public consultation. However, in accordance with chapter 2,

part 2, section 5.3(a) of the MGR, the local government must give notice to every property

owner affected by an amendment under Schedule 1, section 2(k) (changes to flood hazard

mapping) explaining about the meaning of the change and how to obtain further advice.


The process of making the planning scheme amendment will be managed by Strategic

Planning. Resources required will be funded from the current operational budget.


The scheme requires an amendment to ensure it includes up to date information.

The risk of not undertaking the proposed minor amendment will:

• result in Council not complying with the direction of the Minister for State Development,

Manufacturing, Infrastructure and Planning, which requires the planning scheme to contain

the most up to date information;

• impede the ability of the planning scheme to reduce a material risk of serious harm to

persons or property on the premises from natural events or processes (bush fires, coastal

erosion, flooding or landslides for example);

• continue to have more onerous and cost prohibitive requirements for

developers/landowners needing to carry out their own flood study to determine the relevant

flood event height – which has been determined by the flood studies mentioned in this

report.

Conclusion

A planning scheme amendment is required to ensure that the planning scheme includes up-to-

date information about flooding and reflects the latest SPP mapping amendments.

It is recommended that Council:

• decide to amend the planning scheme through a minor amendment process in

accordance with chapter 2, part 2, section 5.1 of the MGR; and

• prepare the amendment under section 5.2 of the MGR; and

• notify property owners affected by the updated flood mapping under section 5.3(a) of

the MGR.


MIN/13.03.2019 FOLIO 61242

After the amendment has been prepared and is ready to be adopted, Council will be asked to

decide whether to adopt or not proceed with the proposed amendment at a future ordinary

meeting. Further details about the proposed amendments will be attached to this future report.


THAT, subject to the adoption of the Bakers Creek South Mackay Stormwater Trunk

Infrastructure Study, Council decides to amend the planning scheme through a minor

amendment process in accordance with chapter 2, part 2, section 5.1 of the Minister’s

Guidelines and Rules under the Planning Act 2016 (July 2017).

FURTHER THAT Council prepare the proposed amendment in accordance with chapter

2, part 2, section 5.2 of the Minister’s Guidelines and Rules under the Planning Act 2016

(July 2017).

AND THAT Council give notice to every property owner affected by a change under

Schedule 1, section 2(k), to notify them about the meaning of the change and how to

obtain further advice – in accordance with chapter 2, part 2, section 5.3(a) of the

Minister’s Guidelines and Rules under the Planning Act 2016 (July 2017).

Council Resolution



Cr Camm noted that report is a result of Council's approval of the Bakers Creek South Mackay

Stormwater Trunk Infrastructure Study.

CARRIED


MIN/13.03.2019 FOLIO 61243

12. RECEIPT OF PETITIONS:

12.1 PETITION REPORT - REQUEST FOR CONSTRUCTION OF

FOOTPATHS


Purpose

A petition was received by Council on the 11 February 2019 and relates to a request for

construction of footpaths.

Related Parties

Listed petitioners per the attached Petition.


In terms of Council's Standing Orders, for consideration of a Petition at a meeting no debate is

undertaken on the Petition itself, with the only motion which may be moved being:

(a) the petition be received and consideration stand as an order of the day for:

(i) the meeting; or

(ii) a future meeting; or

(b) the petition be received and referred to the Chief Executive Officer for consideration

and a report to the local government; or

(c) the petition not be received.

The petitioners state that they are very concerned with the lack of footpaths in Evan, McIntyre,

Christie and Scanlan Streets. There are elderly and frail residents using the aforementioned

streets for their daily walks and the risk of falling and injuring themselves badly has been

raised. Good Shepherd Lodge Retirement Village and Aged Care Facility is in the vicinity with

in excess of 200 residents who experience difficulty navigating their daily walk on uneven

grass instead of footpaths.

The request is for Council to consider constructing footpaths in McIntyre, Christie and Scanlan

Streets.


That the petitioners, through their lead petitioner, be informed that Council acknowledges

receipt of the Petition and that it has been accepted as a formal submission. The issue raised

will be addressed in the report to be tabled before Council in the future.


MIN/13.03.2019 FOLIO 61244


NIL at this stage as the recommendation relates only to the preparation of a report on the

matter.


NIL.

Conclusion

It is proposed that as the petition meets the necessary requirement for consideration by Council,

that the petition be referred to the Chief Executive Officer for a report to be prepared for further

consideration by Council.


THAT the petition be received and referred to the Chief Executive Officer for a report to

be prepared for consideration by Council which investigates the issues identified within

the petition.

FURTHER THAT the principle petition be advised of Council's determination.

Council Resolution


Moved Cr Casey Seconded Cr Bella

CARRIED


MIN/13.03.2019 FOLIO 61245

13. TENDERS:

13.1 MRC 2019-043 PREFERRED SUPPLIER ARRANGEMENT - TRAFFIC

CONTROL SIGNS AND DEVICES

File No MRC 2019-031

Author Manager Procurement and Plant

Purpose

To present to Council for approval, tenders submitted for MRC 2019-043 Preferred Supplier

Arrangement – Traffic Control Signs and Devices.

Related Parties

The parties relating to this report are as follows:

• Artcraft Pty Ltd

• Delnorth Pty Ltd

• Outsource1 Pty Ltd ATF The Aplin Business Trust T/A Outsource1

• Reflective Signs & Decals Pty Ltd


Preferred Supplier Arrangements (PSA) have proven to be a cost-effective means of supplying

high usage items utilised by Mackay Regional Council (Council) operational departments

whilst satisfying legislative requirements.

Considerable delays to operational activates would be incurred if quotes were to be obtained in

each instance, as stipulated under section 226 Local Government Regulations 2012. In order to

gain cost efficiencies and competitive market rates due to the economies of scale achieved by

aggregating demand, Council issued a request for tender MRC 2019-043 Preferred Supplier

Arrangement – Traffic Control Signs and Devices.

The proposed commencement date for this contract is 1 April 2019 for a two years period, with

a provision for rise and fall after each one year, together with an option of a one-year extension

period at Council’s discretion.

Tenders were invited via the QTender website and advertised in the Daily Mercury on 8

December 2018.

The following submissions were received by the closing time of 10:00 am 29 January 2019:

Tenderers Name Location

a. Artcraft Pty Ltd Townsville Qld

b. Delnorth Pty Ltd Thornton NSW

c. Outsource1 Pty Ltd ATF The Aplin Business Trust

T/A Outsource1

Brendale Qld


MIN/13.03.2019 FOLIO 61246

Tenderers Name Location

d. Reflective Signs & Decals Pty Ltd Wacol Qld

An initial compliance check was conducted on the 7 February 2019 to identify submissions that

were non-conforming with the mandatory requirements of the request for tender. This included

compliance with contractual requirements and provision of requested information.

All submissions were progressed through to the qualitative criteria assessment on the basis that

all terms, conditions and mandatory requirements of the request for tender had been met.

During the evaluation, tenderers were assessed against the nominated qualitative criteria:

a) Value for Money 100%

Tender Information Request (TIR) was issued to Outsource1 Pty Ltd ATF The Aplin Business

Trust T/A Outsource1 clarifying that all prices submitted as part of this tender were Free into

Store (FIS), with Store location being Council Warehouse at 80 Crichton Road Paget and the

lead time associated with all items.

Outsource1 Pty Ltd ATF The Aplin Business Trust T/A Outsource1 responded within the

relevant timeframe confirming pricing includes FIS.

A further TIR was issued to all tenderers requesting pricing for an additional item not listed on

the original tender schedule.

All tenderers responded within the relevant timeframe with prices being reviewed by the

evaluation panel.

All tenderers were able to meet the specific requirements of the RFT and the evaluation panel

recommend awarding the contract items as listed below, based on the best value for money to

Mackay Regional Council:

Tenderers Name Number of Items

a. Artcraft Pty Ltd 89

b. Delnorth Pty Ltd 8


T/A Outsource1

90

d. Reflective Signs & Decals Pty Ltd 37

The evaluation of the tender was conducted by:

Position Department

Supervisor Line marking and Signs Civil Operations

Warehouse Supervisor Procurement and Plant

Contract Coordinator Procurement and Plant


Consultation was conducted between Civil Operations and Procurement and Plant prior to the

Request for Tender being released.


MIN/13.03.2019 FOLIO 61247


The Preferred Supplier Arrangement – Traffic Control Signs and Devices contract is a schedule

of rates contract, which is utilised on an as required basis with funding to be provided from

relevant departments budgets.

Based on the usage as detailed in the tender documents and utilising the rates of the

recommended provider/s, the contract has the potential total value of approximately

$289,256.00 excluding GST for a one-year period.

The total value of the last contract for 2017, based on the same usage figures, was $274,329.40

excluding GST, resulting in an approximate increase of 5%.


The conditions of contract provide sufficient remedies and warranties to council based on the

risk profile of the goods being provided.

The recommended respondents are required to provide all relevant insurance and compliances

prior to the executing of their contracts. This includes:

1. Product Liability $20,000,000.00

2. Workcover As required by law

Conclusion

That awarding the contract MRC 2019-043 Preferred Supplier Arrangement – Traffic Control

Signs and Devices to the tenderers as listed below, commencing on the 1 April 2019 for a two-

year period, with an option of a one-year extension at Council’s discretion, with provision for

rise and fall after each one year, represents the best value for money to Council:





T/A Outsource1

90


Of the 224 items included in this tender, 9 are new items not currently on contract.


MIN/13.03.2019 FOLIO 61248


THAT Council award contract MRC 2019-043 Preferred Supplier Arrangement – Traffic

Control Signs and Devices commencing on the 1 April 2019 for a two-year period, with

an option of a one-year extension at Council’s discretion, with provision for rise and fall

after each one year to:





T/A Outsource1

90


Council Resolution


Moved Cr Mann Seconded Cr Walker

Cr Mann noted that the tender process is very thorough and is very happy to support the

Motion.

CARRIED

14. CONSIDERATION OF NOTIFIED MOTIONS:

Nil

15. PUBLIC PARTICIPATION:

The Mayor welcomed the members of the public who had registered to speak to this item on

the agenda today and provided an explanation on the procedure of public participation as

outlined in Council’s Standing Orders.

Mr Graham Townsend

Mr Townsend of Glenella, advised he would like to draw Councils attention to keeping the War

Memorial Pool open and what the War Memorial Pool represents to his family given the

Townsend family extensive Service history.

Ms Leigh-Anne Pokarier

Ms Pokarier of Mackay, on behalf of Mackay Cyclones members and casual swimmers,

advised the Mackay Cyclones members have had difficulty in the past booking suitable water


MIN/13.03.2019 FOLIO 61249

access. If the War Memorial Pool were to close she is unsure how Mackay Cyclones would

provide the necessary training facilities for its members.

Mr Nigel Dalton

Mr Dalton of Shoal Point, provided a list of cities which have swimming pools within walking

distance of their CBD which are important to their residents to exercise before, during and after

work hours:

• Tobruk Memorial Pool, Cairns;

• Tobruk Memorial Baths, Townsville;

• Second World War Memorial Pool, Rockhampton;

• Gladstone Aquatic Centre;

• ANZAC Park, Bundaberg;

• Maryborough War Memorial Pool; and

• Noosa Aquatic Centre.

He would like the War Memorial Pool maintained for future generations to utilise.

Ms Paulene Barham

Ms Barham of East Mackay, on behalf of Keith Payne who is absent today as he is in

Townsville. Keith is a Victoria Cross (VC) recipient, OAM and is committed to ensuring the

Mackay Memorial Swimming Centre continues to be a living War Memorial to future

generations to enjoy. Keith has advised Council previously he will provide a fund-raising

campaign himself to ensure the future of the Mackay War Memorial Swimming Centre if

required.

Ms Robyn Ware

Ms Ware of Mount Pleasant, she was in support of the Mackay War Memorial Pool and for the

continued use of the facility. With Mackay's hot humid climate, the Mackay War Memorial

Pool provides a safe place for families to relax and socialise. The Mackay War Memorial Pool

is listed on the Places of Pride National Register of War Memorials and is also on the

Queensland War Memorial Register.

Ms Jeanette Farrugia

Ms Farrugia of Rural View read a letter from the RSL Kuttabul Sub Division outlining two (2)

resolutions passed in a General Meeting at the Kuttabul RSL Sub Branch on 26 September

2018 in relation to the War Memorial Pool and the War Memorial Plaque.

Ms Lorraine Elkhuizen

Ms Elkhuizen of Beaconsfield, wished to address three points in relation to location and

suitability of the War Memorial Pool where the Mackay ARC is not suitable:

• The Strategic Plan shows the Mackay City is over serviced and therefore the War

Memorial Pool should be closed. Residences are not where residents spend their

working hours.


MIN/13.03.2019 FOLIO 61250

• While the Mackay ARC is impressive it is not suitable for the War Memorial Pool

patrons who are learning to swim 50 m and those who need to stand in chest deep water

for rehabilitation.

• How are the patrons of the War Memorial Pool going to swim without a pool in the

CBD if this facility is closed?

Ms Sue Dalton

Ms Dalton of Shoal Point, commented on reports adopted by previous Councils and if the

recommendations outlined in these reports were undertaken then the War Memorial Pool would

not need the level of maintenance currently required.

Mr Ari Oliver

Mr Oliver of Rural View read a letter of support dated 26 November 2018 from the Federal

Member for Dawson Mr George Christensen MP supporting the War Memorial Pool staying

open and offered support to Council in applying for funding through the Building Better

Region program.

Mr Terry Hayes

Mr Hayes of Mackay, representing Mackay RSL Sub Branch, advised the construction of the

War Memorial Pool was an example of the co-operation between the Council and its resident.

The War Memorial Pool is a tribute to all the servicemen and women and believes the Council

of today has the resources and vision to transform the War Memorial Pool into a notable

landmark and visible evidence the military heritage is not forgotten.

Ms Maxine Godley

Ms Godley of Habana read emails on behalf of the Principals from Mackay State High School

dated 5 March 2019 and Mercy College dated 6 March 2019 outlining the how their students

use the War Memorial Pool.

Ms Sue Willett

Ms Willett of Andergrove advised she has been concerned with the future of the War Memorial

Pool since the short-term 12 month contract was awarded for the lease of the War Memorial

Pool to allow for flexibly when Council adopts its Aquatic Strategy. She believes the War

Memorial Pool is a community asset worth keeping and should be recognised by Council as a

health resource rather than considered an aging facility.

Ms Carol Single

Ms Single of Walkerston advised she was disappointed that Mackay Regional Council has

neglected the War Memorial Pool and conducted very limited maintenance over the past 10

years. She believes the attendance figures for the War Memorial Pool provided in Council

reports are not accurate for February 2019 and these inaccuracies go back to other older reports

as well.


MIN/13.03.2019 FOLIO 61251

Ms Pamela Tindale

Ms Tindale of Mt Pleasant thanked the Councillors who have committed to vote to retain the

War Memorial Pool. She believes it is this current Council's responsibility to decide the fate of

this icon of the Mackay CBD because this Council commissioned the Aquatic Strategy which

recommends the closure of the War Memorial Pool.

Mr Wal Grandison

Mr Grandison of Sarina Range advised he comes from a military family and believes it is his

responsibility to stand up and support the War Memorial Pool. Servicemen and woman made

sacrifices for everyone's freedom today.

The Mayor thanked the members of the public for their contributions during Public

Participation.

16. LATE BUSINESS:

Cr May presented to the Mayor, on behalf of Cr Mann and herself, the Silver Award for

Excellence in Food Tourism the Sarina Sugar Shed achieved at the 2019 Australian Tourism

Awards held in Launceston.

Cr Bella advised he was pleased today marked the first live streamed Council Meeting and it

was more than he envisaged when he first raised his Notified Motion regarding full recording

of Council meetings.


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17. CONFIDENTIAL REPORTS:

THAT the meeting be closed to the public in accordance with the Local Government

Act 2009 (Section 275 (1) of the Local Government Regulation 2012) to discuss

matters relating to:-

Confidential Item Reason for Meeting Closure

• Item 17.1 - Mackay Waterfront

Priority Development Area:

Considering Submissions and

Endorsing the Amended

Development Scheme

(h) for which a public discussion

would be likely to prejudice the

interests of the local government or

someone else, or enable a person to

gain a financial advantage

• Item 17.2 - Major Contract Review (h) for which a public discussion

would be likely to prejudice the

interests of the local government or

someone else, or enable a person to

gain a financial advantage

Moved Cr Camm Seconded Cr Casey

CARRIED

11.31 am - The meeting be closed to the public.

THAT the meeting be reopened to the public.

Moved Cr Casey Seconded Cr Mann

CARRIED

11.40 am - The meeting was reopened to the public.


MIN/13.03.2019 FOLIO 61253

17.1 MACKAY WATERFRONT PRIORITY DEVELOPMENT AREA:

CONSIDERING SUBMISSIONS AND ENDORSING THE AMENDED

DEVELOPMENT SCHEME

Confidential

Council Resolution

THAT Council resolves to:

a. consider submissions received during the public notification submission period for the

proposed development scheme in accordance with delegated item 14, schedule 1 of the

Instrument of Delegation and Direction and section 61 of the Economic Development

Act 2012;

b. amend the proposed development scheme to reflect the submissions where appropriate

as in accordance with delegated item 15, schedule 1 of the Instrument of Delegation

and Direction and section 62(1) and (2) of the Economic Development Act 2012;

c. endorse the Priority Development Area (PDA) submissions report, prepared in

accordance with delegated item 16, schedule 1 of the Instrument of Delegation and

Direction and section 63(1)(b) of the Economic Development Act 2012;

d. endorse the amended Mackay Waterfront PDA proposed development scheme

(version 0.3) for Minister for Economic Development Queensland (MEDQ)

endorsement and approval under a regulation;

e. authorise the Chief Executive Officer to:

i. prepare a letter to the MEDQ to:

o request endorsement of the amended development scheme made in

accordance with section 63(1)(a) of the Economic Development Act 2012;

o request endorsement of the PDA submissions report prepared in accordance

with section 63(1)(b) of the Economic Development Act 2012; and

o include a copy of the amended development scheme and PDA submissions

report as directed by item 6, schedule 2 of the Instrument of Delegation and

Direction;

ii. comply with any subsequent direction given by the MEDQ in relation to the

development scheme and the PDA submissions report before the development

scheme is approved under a regulation; and

iii. undertake the statutory actions required by section 65 of the Economic

Development Act 2012 as soon as practicable after the development scheme takes

effect as follows:

o publish the development scheme on Council’s website;

o publish at least once in a newspaper circulating in the area a notice stating

that:


MIN/13.03.2019 FOLIO 61254

▪ the development scheme has been approved; and

▪ it may be inspected on the department’s website;

o give each person who made a submission received within the submission

period about the development scheme, a notice that:

▪ the scheme has been approved; and

▪ the PDA submissions report, as endorsed by the MEDQ, can be inspected

on Council’s website.

Moved Cr Bonaventura Seconded Cr Walker

CARRIED

17.2 MAJOR CONTRACT REVIEW

Confidential

Council Resolution

THAT Council formally provide notification to Peak Services of Council’s intention to

transition out of the Northern Australia Services contract after the four (4) year point as

per the terms and conditions of the contract.

Moved Cr Mann Seconded Cr Gee

CARRIED

11.41 am - The Chief Executive Officer left the Meeting Chamber.

Cr May advised she would like to move a Procedural Motion to suspend Standing Orders to

discuss what is acceptable in Late Business as per Council's Standing Orders.

PROCEDURAL MOTION

THAT Council suspend Council's Standing Orders.

Moved Cr May

CARRIED

Cr Bella, Bonaventura and Walker recorded their votes against the Motion

Cr May advised she felt it was not appropriate to have Late Business tabled that does not meet

Council's Standing Orders and the item Cr Bella mentioned in his Late Business, to her view,

does not meet Council's Standing Orders.


MIN/13.03.2019 FOLIO 61255

The Mayor reminded the Council that Late Business in the new adoption of Council's Standing

Orders that Late Business is "an opportunity for a Councillor to bring to the attention of the

Local Government items such as past or future events and occurrences, requests for leave of

absence for a Councillor or a motion to move a vote of thanks. No substantive motion may be

moved as an item, each matter requiring substantive motion must be listed on the agenda". He

agrees with Cr May and asked Cr Bella to please adhere to Council's Standing Orders for any

future Late Business.

Cr Bonaventura advised he agreed that perhaps Cr Bella may have spoken for too long but

believes the topic of live streaming would be acceptable under Council's Standing Orders.

The Mayor advised he did believe that "Local Government items such as past or future events

and occurrences" as listed in Council's Standing Orders are social events and occurrences and

asked that any Late Business in the future is kept to that.

Cr May advised she wished to move a Procedural Motion to reinstate Council's Standing

Orders.

PROCEDURAL MOTION

THAT Council reinstate Council's Standing Orders.

Moved Cr May

CARRIED

18. MEETING CLOSURE:

The meeting closed at 11.44 am.

19. FOR INFORMATION ONLY:

Nil

Confirmed on Wednesday 27 March 2019

………………………………………

MAYOR


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APPENDIX / ATTACHMENTS


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final minutes - mackay council · final minutes wednesday 13 march 2019 min/13.03.2019 folio 61209...

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