local government meeting - cassowary coast region · 7/24/2014  · “that the minutes of the...

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LOCAL GOVERNMENT MEETING 24 July 2014 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

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Page 1: LOCAL GOVERNMENT MEETING - Cassowary Coast Region · 7/24/2014  · “That the Minutes of the Local Government Meeting held on 10 July 2014 be ... Consultative Committee for a 'disabled

LOCAL GOVERNMENT MEETING

24 July 2014

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

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MINUTES

10.00am – 10.30am Morning Tea

12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES ................................................................................... 2 1.1 Confirmation of Minutes of Local Government Meeting, 10 July 2014 ........................... 2

2. RECEIPT OF MINUTES ................................................................................................ 2 2.1 Receipt of Minutes of CCRC Traffic Consultative Committee Meeting, 23 May 2014 .... 2

3. BUSINESS FROM PREVIOUS MINUTES .................................................................... 3 3.1 Disabled car parks ........................................................................................................ 3

4. MANAGEMENT ............................................................................................................ 3

5. WORKS ........................................................................................................................ 3 5.1 Design & Construct of Improvements to Floodways & Associated Road Pavements -

Various Locations.......................................................................................................... 3

6. COMMUNITY ................................................................................................................ 4 6.2 Submission on the Discussion Paper - Green Paper on Developing Northern

Australia ........................................................................................................................ 4

9. NOTICE OF MOTION ................................................................................................... 5 9.2 Notice of Motion - Management Agreement between CCRC and Kurrimine Beach

Progress, Recreation and Sporting Assoc. Inc. ............................................................. 5

6. COMMUNITY (CONT'D…) ............................................................................................ 5 6.1 Cassowary Coast Tourism Development Strategic Direction ......................................... 6

7. PLANNING & ENVIRONMENT ..................................................................................... 7 7.1 Development Permit for a Material Change of Use for Light Industry (Upholstery

Business) ...................................................................................................................... 7

8. CORPORATE ............................................................................................................. 19 8.1 Quarterly Progress Review - CCRC Operational Plan 2013/14 as at 30 June 2014 .... 19 8.2 Corporate Services Financial Report June 2014 ......................................................... 19 9.1 Notice of Rescission Motion - Trustee lease to the Mission Beach Lions Club over the

Reserve for Camping, Recreation and Water Purposes located at South Mission Beach Road, South Mission Beach ............................................................................. 20

10. GENERAL BUSINESS ............................................................................................... 23

11. CONFIDENTIAL ......................................................................................................... 24 11.1 Outstanding Rates and Charges ................................................................................. 24 11.2 Conservation Agreement Write Offs ............................................................................ 24

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PRESENT: Crs B Shannon (Mayor), B Macdonald (Deputy Mayor) (9.40am), G Raleigh, A Pike, 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), Ms M Darveniza (Director Community Services), Mr D Trotter (Director Works), Ms J Lightfoot (Communications Officer), Ms P Veen (Economic Development Officer), Mr R Blanchette (Tourism Officer) and Ms J Cooksley (Minutes Clerk)

1. CONFIRMATION OF MINUTES

1.1 CONFIRMATION OF MINUTES OF LOCAL GOVERNMENT MEETING, 10 JULY 2014

Recommendation:

“That the Minutes of the Local Government Meeting held on 10 July 2014 be confirmed as a true and correct record.”

Moved Cr I Rule Seconded Cr K Farinelli Resolution Number 728 "That the Recommendation be adopted subject to an amendment at Item 6.2 - Innisfail Regional Library Construction Tender 1314-023 to include the following words: "Crs M Nolan and K Farinelli asked for their comments to be recorded in the Minutes. Cr Nolan congratulated the Director Community Services and the Manager Special Projects & Planning for their efforts, etc…………." FOR VOTE - Unanimous CARRIED

2. RECEIPT OF MINUTES

2.1 RECEIPT OF MINUTES OF CCRC TRAFFIC CONSULTATIVE COMMITTEE MEETING, 23 MAY 2014

Recommendation:

“That the Minutes of the CCRC Traffic Consultative Committee Meeting held on 23 May 2014 be received.” Moved Cr I Rule Seconded Cr A Pike Resolution Number 729 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

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3. BUSINESS FROM PREVIOUS MINUTES

3.1 DISABLED CAR PARKS

Cr Raleigh raised a query in relation to a request he had submitted to the Traffic Consultative Committee for a 'disabled' car park in front of the Chemist in Cardwell and the consideration by the Traffic Consultative Committee about the width of the parallel parking bay requested. Cr Rule and the Director Works provided clarification on the requirements of the Australian Standard with regard to 'disabled' parking bays.

4. MANAGEMENT

Nil

5. WORKS

5.1 DESIGN & CONSTRUCT OF IMPROVEMENTS TO FLOODWAYS & ASSOCIATED ROAD PAVEMENTS - VARIOUS LOCATIONS

Executive Summary:

This report has been prepared in relation to tenders received for Cassowary Coast Regional Council (CCRC) Contract No. 1314-020 for the Design and Construction of Improvements to Floodways and Associated Road Pavements on Ellerbeck, Fisher Creek and Schumann Roads. These works are funded under QRA betterment program. The tender was assessed based on the criteria for evaluation of tenders as detailed in the tender documentation. Recommendation:

“That following the QRA compliance check, the conforming tender submitted by RMS in consideration of the assessment criteria and information provided and being the most advantageous to Council, be accepted in the amount of $1,183,566 (excl. GST) in respect of Tender No. 1314-020 Design and Construction of Improvements to Floodways and Associated Road Pavements - Various Locations.”

Moved Cr I Rule Seconded Cr G Raleigh Resolution Number 730 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 9.30am Mr D Trotter left the meeting.

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6. COMMUNITY

6.2 SUBMISSION ON THE DISCUSSION PAPER - GREEN PAPER ON DEVELOPING NORTHERN AUSTRALIA

Executive Summary:

The Australian Government is developing a White Paper on the Development of Northern Australia and as part of the process have developed a Green Paper on which it is seeking feedback. Submissions in relation to the Green Paper are due by 8 August 2014. A workshop was recently held during which Councillors and Council officers discussed the key themes and questions raised in the Green Paper. These discussions have been summarised and referenced to the proposed policy directions in preparation for submission to the Department of Prime Minister and Cabinet.

Recommendation:

"That Council make the submission in Attachment 1 of this Report in relation to the Green Paper on Developing Northern Australia".

Moved Cr G Raleigh Seconded Cr K Farinelli Resolution Number 731 "That the Recommendation be adopted subject to additional comments being included in Council's submission in relation to water security, hydro-electricity, agriculture, tourism and port access as noted by the Director Community Services." FOR VOTE - Unanimous CARRIED 9.45am Ms A Nugent (Manager Strategic Planning) entered the meeting.

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9. NOTICE OF MOTION

9.2 NOTICE OF MOTION - MANAGEMENT AGREEMENT BETWEEN CCRC AND KURRIMINE BEACH PROGRESS, RECREATION AND SPORTING ASSOC. INC.

Executive Summary:

The Notice of Motion as outlined in the report was submitted by Cr Alister Pike in relation to the above and is self-explanatory.

Recommendation:

“That Council place a moratorium on proceeding with the Management Agreement between Cassowary Coast Regional Council (CCRC) and the Kurrimine Beach Progress, Recreation and Sporting Association Inc. (KBPRSA) until it has workshopped the matter of Management Agreements versus Leases in its entirety, and a formal policy position is developed."

Moved Cr A Pike Seconded Cr I Rule Resolution Number 732 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

6. COMMUNITY (CONT'D…)

Declaration of Perceived Conflict of Interest Cr Alister Pike declared that a perceived conflict of interest in the following report (as defined in section 173 of the Local Government Act 2009), may exist due to his membership of Mission Beach Business &Tourism Inc. Cr Pike dealt with the perceived conflict of interest by stating that it was his determination that his personal interest is not of sufficient significance that it would lead to him making a decision on the matter that is contrary to the public interest. Cr Pike participated in the discussion and voting on the matter.

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6.1 CASSOWARY COAST TOURISM DEVELOPMENT STRATEGIC DIRECTION

Executive Summary:

Council's Tourism resources have to date been predominantly invested in traditional Information Centre activities designed to service visitors in-destination after they have arrived. To improve efficiencies and achieve the key objectives of economic growth and destination development this strategy needs to change, especially if we are to be effective in today’s highly competitive market. Optimising the utilisation of Council's current tourism budget and resources can facilitate progress in this direction over the next two to three years. The allocation of tourism resources needs to align with contemporary strategies and be spread across the industry-based Local Tourism Organisation (LTO), Visitor Information services, and Local Government-based tourism development activities. This direction aims to improve efficiencies and to improve opportunities for our destination to increase visitation, to strengthen the tourism sector, and to contribute more to the economy. Recommendation:

“That Council approve the allocation of $100,000.00 to support the Local Tourism Organisation (LTO) - Tropical Coast Tourism contingent on a review of current Visitor Information Centre models that delivers savings to offset this investment.”

Moved Cr A Pike Seconded Cr K Farinelli Resolution Number 733 "That the Recommendation be adopted." FOR VOTE - Crs A Pike, K Farinelli, B Macdonald, G Raleigh, M Nolan, B Shannon AGAINST VOTE - Cr I Rule

CARRIED 10.10am - 10.40am The meeting adjourned for morning tea. It was noted when the meeting reconvened that Mr R Blanchette and Ms P Veen were no longer in attendance and that Messrs D Horton (Manager Planning Services), A Page (Manager of Finance) and D Bradford (Manager Rates, Clients & Business Systems) had entered the meeting.

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7. PLANNING & ENVIRONMENT

7.1 DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR LIGHT INDUSTRY (UPHOLSTERY BUSINESS)

Executive Summary: Council is in receipt of an application for a Material Change of Use for Light Industry (Upholstery Business). The application was prepared by Kinghick Pty Ltd, Trading As Shed Boss Innisfail on behalf of Colin & Janice Davenport for the establishment of a Light Industry Use within the Innisfail Zone of the Business Frame Precinct on land described as Lot 10 on RP707398, situated at 8 Palmerston Drive, Goondi Bend. The application was Code Assessable and therefore public notification was not required. The application triggered referral to the Department of State Development, Infrastructure and Planning as the subject site is located within 25metres of a State-Controlled road. The Department of State Development, Infrastructure and Planning have issued reasonable and relevant conditions upon approval of this development application. The subject site is located within the Urban Footprint 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. State Planning Policy (July 2014) applies to this development as the site contains matters of state significance. The application was assessed accordingly and is considered to be consistent with the policy. The application is generally consistent with the provisions of the Johnstone Shire Council Planning Scheme 2005 and therefore the application for a Material Change of Use for Light Industry (Upholstery Business) is recommended for approval subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for Light Industry (Upholstery Business) on land described as Lot 10 on RP707398, situated at 8 Palmerston Drive, Goondi Bend, subject to the following conditions: Assessment Manager’s Conditions: 1. Proposal: That the proposed development must be undertaken generally in

accordance with the application and documentation as well as the plans in the table below, accepted by Council on 3 June 2014, all relating to Development Application No. DEV2014/0050, excepting where varied by the following conditions. Plan Number Plan Name Date

Drawing No. 1 Site Plan Dated 20.05.14, Received by Council on 4 July 2014

Project No. 13861-DAVENPORT

Plan Sheet (Floor & Elevation Plan)

Printed 21.05.14, Received by Council on 4 July 2014

N/A Unnamed (Signage Plan) Received by Council on 4 July 2014

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7.1 DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR LIGHT INDUSTRY (UPHOLSTERY BUSINESS) (CONT'D…)

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. Car Parking & Internal Works: The applicant/owner must ensure that the

development is to provide a minimum of five (5) on-site car parking spaces, including one (1) disabled car parking space, as per the approved Site Plan (received by Council on 4 July 2014), to the satisfaction of the Director Planning & Environmental Services. All car parking facilities and internal works must comply with the following requirements: All car parking facilities and internal traffic areas (including the driveway,

loading bays and traffic circulation areas) extending from the front (eastern) property boundary (crossover) to the rear of the building (along the side (northern) property boundary) are to be imperviously sealed, drained and line marked. All other areas, including the designated staff car parking areas and access towards the rear (western) boundary of the site (behind the building) are to be constructed, hardstand (150 millimeters of gravel pavement) and drained to a lawful point of discharge; and

All car parking facilities and internal works are to be maintained and available at all times; and

Signage and line marking is to be installed so as to compliment the approved Site Plan (received by Council on 4 July 2014) design and the conditions of development for ingress and egress. All car parking bays are to be line marked and signed to reflect their designated purpose.

All works must be constructed in accordance with the Development Permit, the relevant Australian Standards and the FNQROC Development Manual, to the requirements and satisfaction of the Director Planning & Environmental Services, prior to commencement of use.

5. Landscaping: The applicant/owner is to provide a Landscaping Plan in accordance with the Landscaping Code of the Johnstone Shire Planning Scheme 2005 and addressing the following items:

A 2m wide (minimum) landscaping strip must be provided along the full frontage of the property (excepting access to the site); and

A 1m wide minimum landscaping strip must be provided along the side (northern) property boundary, extending from the front (eastern) property boundary to the front building alignment; and

A 1m wide minimum landscaping strip must be provided along the side (southern) property boundary, extending from the front (eastern) property boundary to the front building alignment and extending from the back of the building to the rear (western) property boundary.

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7.1 DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR LIGHT INDUSTRY (UPHOLSTERY BUSINESS) (CONT'D…)

The Landscaping Plan is to be provided for review and endorsement by the Director Planning & Environmental Services, prior to the lodgement of the application for Building Works.

6. Fencing: The applicant/owner must provide the following:

A screening fence, constructed of either timber, colour bond or brick (minimum height of 1.8m and a maximum gap of 10mm) is to be provided along the entire length of the side (northern) property boundary, with tapering to 1m from the front building alignment to the front (eastern) property boundary; and

A screening fence, constructed of either timber, colour bond or brick (minimum height of 1.8m and a maximum gap of 10mm) is to be provided along the side (southern) property boundary, extending from the front building alignment with tapering to 1m to the front (eastern) property boundary; and

A screening fence, constructed of either timber, colour bond or brick (minimum height of 1.8m and a maximum gap of 10mm) is to be provided along the side (southern), extending from the back of the building to the rear (western) property boundary; and

The existing timber-screening fence along the full length of the rear (western) property boundary is to be retained.

All fencing is to be constructed to the requirements and satisfaction of the Director Planning & Environmental Services, prior to the commencement of use.

7. Ground Floor Level: The applicant/owner is to ensure that the minimum floor level is 300 millimetres above 20 Year ARI flood level, in accordance with the Hazards Code of the Johnstone Shire Planning Scheme 2005.

8. Signage: The applicant/owner must ensure that the proposed sign is located and

designed as per the approved Site Plan and Signage Plan (received by Council on 4 July 2014). All signage is to comply with the Advertising Devices Code of the Johnstone Shire Planning Scheme 2005, to the requirements and satisfaction of the Director Planning & Environmental Services.

9. Excavation and Filling: The applicant/owner is to ensure that any excavation and

filling works are carried out in compliance with the Filling and Excavation Code of the Johnstone Shire Council Planning Scheme 2005, to the satisfaction of the Director Planning & Environmental Services.

10. Water & Sewer Connection: The applicant/owner is to connect the proposed

development to Council's existing water and sewer mains at no cost to Council, to the requirements of the Water Section of the Works Department, prior to the commencement of the Use.

11. 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.

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7.1 DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR LIGHT INDUSTRY (UPHOLSTERY BUSINESS) (CONT'D…)

12. Stormwater Drainage: The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge, such that stormwater does not adversely affect surrounding properties to the satisfaction of the Director Planning & Environmental Services.

13. Waste Bin Storage Areas: The applicant/owner is to ensure that waste bin

storage areas are screened from view of adjoining properties and road frontages, to the satisfaction of the Director Planning & Environmental Services.

14. 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).

15. 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 relevant Australian Standard, Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Concurrence Agency Conditions: Department of State Development Infrastructure and Planning Concurrence Agency Conditions dated 11 July 2014. Reference SDA-0614-011364. Assessment Managers 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 of SPA, the development approval for Material Change of Use lapses if the building work under the approval is not complete 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).

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.

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7.1 DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR LIGHT INDUSTRY (UPHOLSTERY BUSINESS) (CONT'D…)

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 Works and Plumbing & Drainage Works will be required, with a permit for these works issued prior to any works commencing. Please be advised that the subject site is located within a hazards area identified in the new CCRC flood study. Therefore, as part of the building application, assessment will need to be carried out against the Queensland Development Code - MP 3.5 'Construction of buildings in flood hazard areas'. Please be advised that a portion of the front building is located within a maximum flow velocity of water area, with the remainder of the site being inactive flow or backwater areas.

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.

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 K Farinelli Seconded Cr G Raleigh Resolution Number 734 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

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10.50am Mr D Horton left the meeting.

8. CORPORATE

8.1 QUARTERLY PROGRESS REVIEW - CCRC OPERATIONAL PLAN 2013/14 AS AT 30 JUNE 2014

Executive Summary:

The Council adopted its 2013/14 Operational Plan on 28 June 2013. The Operational Plan outlines the activities proposed to be undertaken during the 2013/14 financial year which will contribute to the achievement of the strategies outlined in the Corporate Plan. The fourth and final quarterly review of the 2013/14 Operational Plan has been completed and a copy is provided 'under separate cover' due to its size. Recommendation:

“That the quarterly review of the 2013/14 Operational Plan to 30 June 2014 be received and its contents noted.”

Moved Cr B Macdonald Seconded Cr G Raleigh Resolution Number 735 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

8.2 CORPORATE SERVICES FINANCIAL REPORT JUNE 2014

Executive Summary:

The purpose of this report is for Council to receive the Financial Report for the period ending 30 June 2014 prepared on 14 July 2014. The Director Corporate Services and Manager Finance will be available at the Council meeting to answer any questions Councillors may have.

Moved Cr A Pike Seconded Cr G Raleigh Resolution Number 736 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

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11.50am Mr A Page left the meeting.

9.1 NOTICE OF RESCISSION MOTION - TRUSTEE LEASE TO THE MISSION BEACH LIONS CLUB OVER THE RESERVE FOR CAMPING, RECREATION AND WATER PURPOSES LOCATED AT SOUTH MISSION BEACH ROAD, SOUTH MISSION BEACH

Executive Summary:

The attached Notice of Rescission Motion has been submitted by Cr Alister Pike in relation to a decision made by Council at its Local Government Meeting on 10 July 2014 and is self explanatory.

Notice of Motion:

“That the following motion adopted at the Local Government Meeting on 10 July 2014 be rescinded:

That Council offer a trustee lease to the Mission Beach Lions Club over the Reserve for Camping, Recreation and Water Purposes located at South Mission Beach Road, South Mission Beach (Lot 4 SP125434) covering an area of approximately 350m2, subject to the following conditions: 1. the trustee lease is for a term of 10 years; 2. the leased area is to be used for a 6 x 6 metre storage shed; 3. activities within the leased area are limited to those ancillary to storing and

removing items from the shed, including working bees and Lions Club meetings; 4. all costs associated with the trustee lease, including the legal and administrative

costs associated with the preparation of the trustee lease, are met by the Mission Beach Lions Club;

5. all costs associated with the construction and ongoing operation of the shed,

including access, water and electricity supply, insurance and maintenance, are met by the Mission Beach Lions Club; and

6. no other improvements are to be constructed within the leased area or elsewhere

on the reserve without Council's prior written approval."

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9.1 NOTICE OF RESCISSION MOTION - TRUSTEE LEASE TO THE MISSION BEACH LIONS CLUB OVER THE RESERVE FOR CAMPING, RECREATION AND WATER PURPOSES LOCATED AT SOUTH MISSION BEACH ROAD, SOUTH MISSION BEACH (CONT'D…)

Further, if the Rescission Motion is successful;

"That Council offer a trustee lease to the Mission Beach Lions Club over the Reserve for Park and Recreation Purposes located at Casuarina Crescent, Mission Beach (Lot 100 NR7374) covering an area of approximately 350m2, subject to the following conditions: 1. the trustee lease is for a term of 10 years; 2. the leased area is to be used for a 6 x 6 metre storage shed; 3. activities within the leased area are limited to those ancillary to storing and

removing items from the shed, including working bees and Lions Club meetings;

4. all costs associated with the trustee lease, including the legal and administrative costs associated with the preparation of the trustee lease, are met by the Mission Beach Lions Club;

5. all costs associated with the construction and ongoing operation of the shed,

including access, water and electricity supply, insurance and maintenance, are met by the Mission Beach Lions Club;

6. no other improvements are to be constructed within the leased area or elsewhere

on the reserve; 7. no clearing is allowed on the reserve or the leased area except that necessary to

construct the shed; and 8. the rental amount for the lease may be subject to negotiation based on the offer

by the Mission Beach Lions Club to mow, revegetate and maintain the reserve."

Moved Cr A Pike Seconded Cr B Macdonald Resolution Number 737 "That the following motion adopted at the Local Government Meeting on 10 July 2014 be rescinded:

That Council offer a trustee lease to the Mission Beach Lions Club over the Reserve for Camping, Recreation and Water Purposes located at South Mission Beach Road, South Mission Beach (Lot 4 SP125434) covering an area of approximately 350m2, subject to the following conditions:

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9.1 NOTICE OF RESCISSION MOTION - TRUSTEE LEASE TO THE MISSION BEACH LIONS CLUB OVER THE RESERVE FOR CAMPING, RECREATION AND WATER PURPOSES LOCATED AT SOUTH MISSION BEACH ROAD, SOUTH MISSION BEACH (CONT'D…)

1. the trustee lease is for a term of 10 years; 2. the leased area is to be used for a 6 x 6 metre storage shed; 3. activities within the leased area are limited to those ancillary to storing and

removing items from the shed, including working bees and Lions Club meetings; 4. all costs associated with the trustee lease, including the legal and administrative

costs associated with the preparation of the trustee lease, are met by the Mission Beach Lions Club;

5. all costs associated with the construction and ongoing operation of the shed,

including access, water and electricity supply, insurance and maintenance, are met by the Mission Beach Lions Club; and

6. no other improvements are to be constructed within the leased area or elsewhere

on the reserve without Council's prior written approval." FOR VOTE - Crs A Pike, B Macdonald and G Raleigh AGAINST VOTE - Crs K Farinelli, I Rule, M Nolan and B Shannon

LOST

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10. GENERAL BUSINESS

Nil 12.00pm Ms M Darveniza, Ms J Lightfoot left the meeting. MOVE INTO COMMITTEE - 12.00PM

Moved Cr G Raleigh Seconded Cr K Farinelli Resolution Number 738 "That in accordance with Section 275(1) (d) and (f) of the Local Government Regulation 2012 the meeting be closed to the public to discuss outstanding rates and charges and Conservation Agreement write-offs." FOR VOTE - Unanimous CARRIED 12.05pm Ms A Nugent left the meeting. MOVE OUT OF COMMITTEE - 12.45PM

Moved Cr I Rule Seconded Cr B Macdonald Resolution Number 739 "That the meeting be reopened to the public." FOR VOTE - Unanimous CARRIED

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11. CONFIDENTIAL

11.1 OUTSTANDING RATES AND CHARGES

Executive Summary:

This report is presented for Council's information regarding the current status of the rates and charges. An update regarding legal action currently underway is provided. Recommendation:

“That the report be received and noted.”

Moved Cr G Raleigh Seconded Cr M Nolan Resolution Number 740 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

11.2 CONSERVATION AGREEMENT WRITE OFFS

Executive Summary:

Council adopted a policy to implement a Rate Deferral for Habitat Conservation to property owners. The properties and levy amounts listed in the attached table have exceeded the twenty half yearly rating periods and therefore the rates and interest associated this these charges is no longer payable and can be written off to keep the rates within the agreement. Recommendation:

“That the amount of $57,916.96 plus all interest calculated and charged on this balance, be written off in accordance with Council's Rate Deferrals for Habitat Conservation Policy.”

Moved Cr M Nolan Seconded Cr G Raleigh Resolution Number 741 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

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12.45pm There being no further business, the Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 14th DAY OF AUGUST 2014.

________________________________ Mayor