minutes - cassowary coast region · 26-05-2016 · the mayor informed the meeting that mick...

LOCAL GOVERNMENT MEETING

26 May 2016

MINUTES

Cr John Kremastos

Cr Glenn Raleigh

Cr Rick Taylor

Cr Wayne Kimberley

Cr Mark Nolan

Cr Jeff Baines

Cr Ben Heath

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

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

Terry Brennan CHIEF EXECUTIVE OFFICER

MINUTES

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, 12 May 2016 ........................... 2

2. RECEIPT OF MINUTES ................................................................................................ 3

3. BUSINESS FROM PREVIOUS MINUTES .................................................................... 3

4. MANAGEMENT ............................................................................................................ 4 4.1 Establishment of a Committee-based Structure ............................................................ 4

5. WORKS ........................................................................................................................ 9

6. COMMUNITY ................................................................................................................ 9 6.1 Regional Arts Development Fund (RADF) for the April 2016 funding round .................. 9

7. PLANNING & ENVIRONMENT ................................................................................... 10 7.1 Contract No. 1516-026 - Tully Landfill Capping of Cells One and Two, Stage 1 .......... 10 7.2 SPS2016/0002 - 5SP235661 - Request for Application of Superseded Planning

Scheme ....................................................................................................................... 11 7.3 DEV2016/0030 - Development Application for Material Change of Use for a

Residential Care Facility (Extension to Existing Warrina Innisfail Residential Care Facility) ....................................................................................................................... 12

7.4 Current Development Approvals ................................................................................. 18 7.5 Delegations Report ..................................................................................................... 18

8. CORPORATE ............................................................................................................. 19 8.2 Local Disaster Management Group - Appointment of the Chair and Deputy Chair ...... 19 8.1 Policy Review due to amendments to the Crime and Corruption Act 2001 .................. 19 8.3 Register of Fees and Charges 2016/2017 ................................................................... 45 8.4 Corporate Services Financial Report April 2015 .......................................................... 46

9. NOTICE OF MOTION ................................................................................................. 46

10. GENERAL BUSINESS ............................................................................................... 46 10.1 Introduction of Committee-based Meeting Structure .................................................... 46

11. CONFIDENTIAL ......................................................................................................... 46

Minutes – CCRC Local Government Meeting

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PRESENT: Crs J Kremastos (Mayor), R Taylor (Deputy Mayor), W Kimberley, M Nolan, J Baines and B Heath and Mr T Brennan (Chief Executive Officer), Mr P Cochrane (Director Corporate Services), Mr J W Pettigrew (Director Planning & Environmental Services), Mr D Trotter (Director Works), Ms M Darveniza (Director Community Services), Mr D Horton (Manager Planning Services), Mr M Allpress (Manager Environmental Services), Ms S Den-Hartog (A/g Cultural & Recreational Development Officer), Ms L Trott (A/g Communications Officer) and Ms J Cooksley (Minutes Clerk) APOLOGIES: Cr G Raleigh MINUTE'S SILENCE The Mayor informed the meeting that Mick Miller, a long serving former Cardwell Shire Council employee and respected member of the community passed away early this morning and extended his condolences to Mick's wife, Dianne and their family on behalf of the Council and asked the Councillors and meeting participants to stand to observe a minute's silence. Mayor Kremastos acknowledged the Gulnay people, the traditional owners and caretakers of the land on which the meeting is being held and paid his respects to the Gulnay elders, both past and present.

1. CONFIRMATION OF MINUTES

1.1 CONFIRMATION OF MINUTES OF LOCAL GOVERNMENT MEETING, 12 MAY 2016

Recommendation:

“That the Minutes of the Local Government Meeting held on 12 May 2016 be confirmed as a true and correct record.” Moved Cr J Baines Seconded Cr R Taylor Resolution Number 1267 "That the Recommendation be adopted." FOR - Unanimous CARRIED


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2. RECEIPT OF MINUTES

Nil

3. BUSINESS FROM PREVIOUS MINUTES

Nil


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4. MANAGEMENT

4.1 ESTABLISHMENT OF A COMMITTEE-BASED STRUCTURE

Executive Summary:

One of the issues that Council discussed following the recent Local Government election was the manner in which Council business would be conducted. Following a review of options, the Councillors agreed that they would like to proceed with the establishment of a Committee-based structure. Attachment A to the report sets out the proposed arrangements in relation to the adoption of a Committee-based structure. There are a number of issues that Council must decide to enable the implementation of this structure, which is proposed to commence with the June meeting cycle. These issues are highlighted in the report and accompanying recommendation. Recommendation:

“That the Chief Executive Officer's report on the implementation of a Committee-based structure for dealing with Council business be received. Further, that Council: 1. Establish the following Standing Committees:

Planning and Development and Environmental Services Committee;

Works and Infrastructure Committee; and

Corporate and Community Services Committee. 2. The Committees be comprised of:

Planning and Development and Environmental Services Committee

All Councillors, including the Mayor

Works and Infrastructure Committee Three Councillors plus the Mayor

Corporate and Community Services Committee

Three Councillors plus the Mayor

3. A Chairperson be appointed to each of the Committees; 4. The areas of responsibility for each Committee be as set-out in Attachment A to

the Chief Executive Officer's report; 5. In accordance with Section 257 of the Local Government Act 2009, the Planning

and Development and Environmental Services Committee be delegated authority to determine matters referred to it;

6. The Works and Infrastructure Committee and the Corporate and Community

Services Committee not be provided delegated authority but provide recommendations to Council for consideration;

7. Determine the meeting dates and times for the Committee meetings and Ordinary

meetings of Council based on a monthly meeting cycle."


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4.1 ESTABLISHMENT OF A COMMITTEE-BASED STRUCTURE (CONT'D…) Moved Cr W Kimberley Seconded Cr J Baines Resolution Number 1268 "That the Chief Executive Officer's report on the implementation of a Committee-based structure for dealing with Council business be received. Further, that: 1. Council Establish the following Standing Committees:

Planning and Development and Environmental Services Committee;

Works and Infrastructure Committee; and

Corporate and Community Services Committee. 2. The Committees be comprised of the following Councillors:

Committee Members

Planning and Development and Environmental Services Committee

Crs W Kimberley (Chairperson), J Kremastos, G Raleigh, R Taylor, M Nolan, J Baines and B Heath

Works and Infrastructure Committee Crs G Raleigh (Chairperson), J Kremastos, W Kimberley and B Heath

Corporate and Community Services Committee

Crs R Taylor (Chairperson), J Kremastos, J Baines and M Nolan

3. The areas of responsibility for each Committee be as set-out in Attachment A to

the Chief Executive Officer's report; 4. In accordance with Section 257 of the Local Government Act 2009, the Planning

and Development and Environmental Services Committee be delegated authority to determine matters referred to it;

5. The Works and Infrastructure Committee and the Corporate and Community

Services Committee not be provided delegated authority but provide recommendations to Council for consideration;

6. Council hold its meetings on the 2nd and 4th Thursday of the month, with the

Planning and Development and Environmental Services Committee, the Works and Infrastructure Committee and the Corporate and Community Services Committee meetings being held on the 2nd Thursday and the Ordinary meeting being held on the 4th Thursday; and These meetings be held alternately in Innisfail and Tully for a trial period up to and including November 2016 and the new meeting structure be advertised in the local newspapers and on Council's website and Meeting Notices be placed in public areas within Council's Customer Service areas."

FOR - Unanimous CARRIED


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5. WORKS

Nil

6. COMMUNITY

6.1 REGIONAL ARTS DEVELOPMENT FUND (RADF) FOR THE APRIL 2016 FUNDING ROUND

Executive Summary:

This report summarises the recommendations of the Regional Arts Development Fund (RADF) Committee for the April 2016 funding round and recommends seven (7) applications with a total value of $27,336.00 for ratification by Council. Recommendation:

“That Council approve the expenditure of $27,336.00 for the seven (7) recommended RADF applications for the April 2016 funding round as follows:

1. Innisfail Community Band $4,700.00

2. Ukes on a Mission $3,140.00

3. Yvonne Hering $3,850.00

4. Cassowary Coast Regional Council $4,576.00

5. Art Deco in the Tropics - Innisfail Inc. $4,094.00

6. Art Deco in the Tropics - Innisfail Inc. $2,976.00

7. Cassowary Coast Yarners $4,000.00"

Moved Cr J Baines Seconded Cr B Heath Resolution Number 1269 "That the Recommendation be adopted." FOR - Unanimous CARRIED 9.20am Ms S Den-Hartog left the meeting.


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7. PLANNING & ENVIRONMENT

7.1 CONTRACT NO. 1516-026 - TULLY LANDFILL CAPPING OF CELLS ONE AND TWO, STAGE 1

Executive Summary:

The purpose of this report is for Council to consider submitted tenders and award Contract 1516-026 Tully Landfill Capping of Cells One and Two - Stage 1. A previous report was withdrawn to enable full analysis on some of the assumptions during the assessment process. The works associated with this contract involves the construction of Stage 1 of earthworks to eventually cap and remediate the Tully Landfill. Stage 1 involves the provision of stormwater management system including a sedimentation pond and shaping of the western wall of the old landfill. The subsequent stages will be timed as needed in future years and ultimately will enable the current landfill operation to be used to eventually profile and shape both cells for final capping, with Stage 2 estimated to be required in two to three years. Recommendation:

“That: 1. Having considered and accepted the small degree of risk involved, Council accept

the lump sum tender for Contract 1516-026 Tully Landfill Capping of Cells One and

Two - Stage 1 as submitted by Cheshire Contractor Pty Ltd for the amount of

$417,150.44 excluding GST, as it is the lowest submitted price and considered the

better overall option for Council; and

2. It be noted that the current funding for this project is $153,000 and provision for

$350,000 in funding will need to be made in the 2016/17 Budget for this contract to be undertaken."

Moved Cr M Nolan Seconded Cr R Taylor Resolution Number 1270 "That the Officer's report dated 19 May 2016 be received. Further, that due to the uncertainty associated with the potential impact of risks, Council not accept the Officer's recommendation, and in accordance with the Standard conditions of tendering - Clause 13.1, it not accept any tender at this stage, and as the need for the proposed works is not critical at this time, Council officers be directed to review the tender documentation and recall tenders in approximately three (3) months time." FOR - Unanimous CARRIED 9.35am Mr M Allpress left the meeting.


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7.2 SPS2016/0002 - 5SP235661 - REQUEST FOR APPLICATION OF SUPERSEDED PLANNING SCHEME

Executive Summary:

Council is in receipt of a request for assessment of a development proposal under the Superseded Planning Scheme (Johnstone Shire Council Planning Scheme - 2005). Under Section 95 of the Sustainable Planning Act 2009(1) a person may, by written notice given to a local government, ask the local government - (b) to assess and decide a proposed development application under a superseded planning

scheme. At this stage, Council is only required to determine whether or not the application will be permitted to be lodged under the superseded planning scheme. No assessment of the application with regard to its merits has occurred or is required at this time. If Council allows the application to be considered under the superseded planning scheme, then a formal application must be made within 6 months (Section 99(2) of SPA) and will then be fully assessed, including public notification for impact assessable applications. The applicant has outlined in the Request to apply the superseded planning scheme - Sustainable Planning Act - Form 2 that Council determine whether they are prepared to assess and decide an application for Material Change of Use for a Quarry on land described as Lot 5 on SP235661 and situated at Moody & Todd Roads, Vasa Views under the Superseded Planning Scheme (Johnstone Shire Council Planning Scheme 2005). This request is being made with claimed support as follows: - Approval for a Material Change of Use for Extraction (Extraction Including Screening and

Storage) on the subject site, issued 26 March 2015. - Designation of the subject site as an 'Extractive Resource Site' under the Johnstone Shire

Council Planning Scheme 2005, which recognises the resource available and the potential for developing the site for 'Extraction' and 'Quarry' land uses.

- Advice from the Manager of Strategic Planning that the inclusion of the subject site on the

Extractive Resources Overlay as a 'Local Resource Area' in the Cassowary Coast Regional Council Planning Scheme 2015 was on the list for the first round of amendments to be considered for the Planning Scheme. It was stated that the amendment process was not to commence until after the Local Government Elections in 2016.

Recommendation:

"That In accordance with Sections 96 & 97 of the Sustainable Planning Act 2009, Council issue a Notice of Decision stating that a proposed application for Material Change of Use for a Quarry on land described as Lot 5 on SP235661 and situated at Moody & Todd Roads, Vasa Views will be assessed and decided under the Superseded Johnstone Shire Council Planning Scheme 2005."


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7.2 SPS2016/0002 - 5SP235661 - REQUEST FOR APPLICATION OF SUPERSEDED PLANNING SCHEME (CONT'D…)

Moved Cr M Nolan Seconded Cr B Heath Resolution Number 1271 "That the Recommendation be adopted." FOR - Unanimous CARRIED

7.3 DEV2016/0030 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A RESIDENTIAL CARE FACILITY (EXTENSION TO EXISTING WARRINA INNISFAIL RESIDENTIAL CARE FACILITY)

Author & Officer's Title: Mahmudul (Mac) Haque - Planning Officer Meeting Date: 26 May 2016

Attachments: 1. Locality Plan 2. Aerial Photo 3. Proposal Plans 4. Infrastructure Charge Notice Applicant: Warrina Innisfail

Consultant: GHD Pty Ltd

Application Date: 18 April 2016

Proposal: Material Change of Use for a Residential Care Facility (Extension to Existing Warrina Innisfail Residential Care Facility)

Real Property Description: Lot 356 on SP161122

Property Address: Warrina Street, Goondi Hill

Land Area: 4.046 Hectares

FNQRP Zone: Urban Footprint

Planning Instrument: Cassowary Coast Regional Council Planning Scheme 2015

Zone Township Zone

Local Plan Innisfail Local Plan

Precinct Community Purpose Precinct

Overlays Acid Sulfate Soils Coastal Protection Flood Hazard

Referral Agencies: Nil

Level of Assessment: Code

Land Use Codes: Retirement and residential care facilities code Design for Safety Code Excavating and Filling Code Infrastructure Works Code Landscaping Code Parking and Access Code

Existing Use of Land: Welfare Home/Premises

Existing Approvals: Nil

No. of Submissions: Not Applicable


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7.3 DEV2016/0030 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A RESIDENTIAL CARE FACILITY (EXTENSION TO EXISTING WARRINA INNISFAIL RESIDENTIAL CARE FACILITY) (CONT'D…)

Executive Summary:

Council is in receipt of an application for a Material Change of Use for a Residential Care Facility (Extension to Existing Residential Care Facility - Additional 39 Beds). The application was prepared by GHD Pty Ltd on behalf of Warrina Innisfail for the extension of an existing Residential Care Facility within the Township Zone Innisfail Community Purpose Precinct on land described as Lot 356 on SP161122, situated at Warrina Street, Goondi Hill. The application is Code Assessable and therefore public notification was not required. The application did not trigger any Referral Agencies. The subject site is located within the Urban Footprint as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031. The Far North Queensland Regional Plan requirements are now incorporated into the Cassowary Coast Regional Council Planning Scheme 2015. The application is generally consistent with the provisions of the Cassowary Coast Regional Council Planning Scheme 2015 and therefore the application for Material Change of Use for a Residential Care Facility (Extension to Existing Warrina Innisfail Residential Care Facility) is recommended for approval subject to reasonable and relevant conditions. Recommendation:

(A) “That a Development Permit be issued for a Material Change of Use for a Residential Care Facility (Extension to Existing Warrina Innisfail Residential Care Facility) on land described as Lot 356 on SP161122, situated at Warrina Street, Goondi Hill", subject to the following conditions:

1. Proposal: That the development be undertaken generally in accordance with the

application, documentation and plans in the table below accepted by Council on 18 April 2016, 22 April 2016 & 4 May 2016, all relating to Development Application No. DEV2016/0030; excepting where varied by the following conditions:

Plan Number Plan Name Date

WARA0103_SK A01.01_5

SITE PLAN 29/03/16

WARA0103_SK A01.02_4

UNDERCROFT STAGE 1A 29/03/16

WARA0103_SK A01.03_4

GROUND FLOOR PLAN - STAGE 1A & 1B

29/03/16

WARA0103_SK A01.04_3

FIRST FLOOR PLAN - STAGE 1A & 1B 29/03/16


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Plan Number Plan Name Date

WARA0103_SK A01.17_2

ELEVATION STAGE 1A 29/03/16

WARA0103_SK A01.18_2

ELEVATION STAGE 1B 29/03/16

WARA0103_SK A02.02_3

KITCHEN - STAGE 1B 29/03/16

DRAWING 2016.018 SK01 ISSUE [A]]

Landscaping Concept Plans March 2016

DRAWING 2016.018 SK02 ISSUE [A]

Landscaping Concept Plans March 2016

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

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

3. Car Parking and Internal Works: The development is to provide a minimum of

twenty seven (27) car parks on the subject site for Stage 1A. All car parking facilities must comply with the following requirements, to the satisfaction of the Director Planning & Environmental Services: The internal traffic manoeuvring areas (new driveway access to the basement

carpark in stage 1A) and car parking areas are to be constructed in accordance with the approved Proposed UNDERCROFT STAGE 1A (WARA0103_SK A01.02_4, dated 29/03/16) and are to be imperviously sealed, drained, line marked and signed to reflect their designated purpose;

All car parking facilities are to be designed and constructed to comply with Australian Standard AS1428 Design for Access and Mobility and Australian Standard AS2890.1 Parking Facilities - off street car parking;

All car parks must be constructed prior to the commencement of use; Car parking facilities are to be maintained and available at all times; All associated drainage is to be directed to a legal point of discharge;

4. Finished Floor Height: The applicant/owner is to ensure that the finished floor

height for the Ground Floor is RL 6.6m AHD. 5. Landscaping: The applicant/owner is to landscape the subject site generally in

accordance with the approved Proposed Landscaping Concept Plans (DRAWING 2016.018 SK01 ISSUE [A] and DRAWING 2016.018 SK02 ISSUE [A], dated March 2016). The applicant/owner must ensure that the species planted comply with the Landscaping Code and Planning scheme policy SC6.4 - Landscaping of the Cassowary Coast Planning Scheme 2015.


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6. 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 requirements and satisfaction of the Director Planning and Environmental Services. A Detailed Stormwater Drainage Pipe Network Plan showing the direction of runoff to a lawful point of discharge is to be submitted and approved by the Director Planning and Environment Services prior to the issue of any Development Permit for Building Work.

7. Waste Bins and Storage Areas: The waste bin and storage areas must be

covered and screened from view of adjoining properties and road frontages, to the satisfaction of the Director Planning and Environmental Services.

8. Erosion & Sediment Control: A Detailed Erosion and Sediment Control Plan, in

accordance with FNQROC Development Manual and prepared by a RPEQ is to be submitted and approved by the Director Planning and Environment Services prior to the issue of any Development Permit for Building Work. Should the contractor wish to vary the plan, a modified plan shall be submitted to Council for endorsed by the Consulting Engineers RPEQ. Effective erosion and sediment control must be maintained at all times during and after construction work until there is adequate vegetation cover, paved or other controls to prevent any silt run-off from the site.

9. 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.

10. Dust: At all times, the Applicant/owner must ensure dust suppression measures

are undertaken for the site to ensure that all materials are appropriately stored and/or handled so as not to create a dust nuisance to surrounding areas and residents. Such measures must be to the satisfaction of the Director Planning & Environmental Services.

11. Controlled Fill & Heights: The applicant/owner is to ensure that the filling

associated with works has been placed in a controlled manner and compacted to no higher than the overall heights shown on the approved Erosion and Sediment Control plan. Unless otherwise approved within this Development Approval, cut/fill material shall not be placed on road/verge/footpath or other area, which is or will be under Council control, without specific approval from Director Planning and Environmental Services.

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

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


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13. Night Lighting: The applicant/owner is to ensure that night lighting is provided

within the development area including adjacent to publicly accessible areas along the pathways, internal driveways and at the entrance to all units. All night lighting is designed and constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light emitted from the subject site does not, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

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.

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:

1. A Development approval for Demolition of the Structure, Building and Plumbing & Drainage (including trade waste) Work will be required, with a permit for these works issued prior to any works commencing.

2. The applicant/owner must ensure that the building demolition and waste associated with the building works are appropriately disposed of at an approved waste disposal facility, at no cost to Council.

3. The applicant/owner must take all necessary actions to complete the revocation of part of Warrina Regional Park (for road opening purpose - Tulip Street extension) with the relevant State Departments, at no cost to Council. The applicant/owner must also ensure that the extension of Tulip Street is designed, constructed and provided with necessary street lights in accordance with Planning Scheme Policy SC6.3 FNQROC Development Manual.


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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.

(B) That Council not issue an Infrastructure Charges Notice for this development

approval after considering the following:

(a) The proponent is a not for profit organisation; and (b) The development is vital infrastructure to provide for the increasing need of

future aged care facilities for the ageing population of the region."

Moved Cr M Nolan Seconded Cr W Kimberley Resolution Number 1272 "That the Recommendation be adopted." FOR - Unanimous CARRIED


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7.4 CURRENT DEVELOPMENT APPROVALS

Executive Summary:

This report details the current large development approvals within the Cassowary Coast Council Area that are yet to commence. Recommendation:

“That the report be received and noted.”

Moved Cr W Kimberley Seconded Cr J Baines Resolution Number 1273 "That the Recommendation be adopted." FOR - Unanimous CARRIED

7.5 DELEGATIONS REPORT

Recommendation:

“That the Delegations report listing Approvals issued by Planning Services for the month of April 2016 be received and noted.”

Moved Cr J Baines Seconded <Cr R Taylor Resolution Number 1274 "That the Recommendation be adopted." FOR - Unanimous CARRIED 10.20am Ms N Gassin (Corporate Governance Coordinator) entered the meeting.


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8. CORPORATE

8.2 LOCAL DISASTER MANAGEMENT GROUP - APPOINTMENT OF THE CHAIR AND DEPUTY CHAIR

Executive Summary:

A Local Government has a responsibility under the Disaster Management Act 2003 to establish and maintain a Local Disaster Management Group (LDMG). Council must also appoint a Chairperson and Deputy Chairperson to the LDMG to manage activities. Recommendation:

“That Council appoint a Chairperson and Deputy Chairperson of the Cassowary Coast Local Disaster Management Group.”

Moved Cr J Kremastos Seconded Cr J Baines Resolution Number 1276 "That the Officer's report dated 12 May 2016 be received. Further, that the Mayor, Cr J Kremastos be appointed as the Chairperson and the Deputy Mayor, Cr R Taylor be appointed as Deputy Chairperson of the Cassowary Coast Local Disaster Management Group." FOR - Unanimous CARRIED

8.1 POLICY REVIEW DUE TO AMENDMENTS TO THE CRIME AND CORRUPTION ACT 2001

Executive Summary:

The Crime and Misconduct Act 2001 was amended by the Crime and Misconduct and Other Legislation Amendment Act 2014 and is now called the Crime and Corruption Act 2001. The Crime and Misconduct Commission (CMC) is now called the Crime and Corruption Commission (CCC). The Right to Information Act 2009 (RTI Act), Information Privacy Act 2009 (IP) and the Public Information Disclosure Act 2013 (PID) have also been amended. When the Act commences, the amendments will apply to all applications and reviews conducted under the above Acts. The main impact of the amendments to the above Acts relate the removal of the term 'Official Misconduct', a previous function of the Crime and Misconduct Commission (CMC), now being replaced by 'Corrupt Conduct' as a prescribed function of the Crime and Corruption Commission, which has much broader powers and authority than the previous CMC. Corrupt conduct has been more narrowly defined and in practice, will mean that some documents which were previously exempt under, for example: the Right to Information Act 2009, may no longer be exempt under the new provisions facilitating a greater level of disclosure by local government agencies.


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8.1 POLICY REVIEW DUE TO AMENDMENTS TO THE CRIME AND CORRUPTION ACT 2001 (CONT'D…)

To ensure accuracy of Council policies, all relevant policies affected by the change to the Crime and Corruption Act 2001 have been reviewed and amended. Recommendation:

“That Council adopt the following policies as amended to incorporate changes to the Crime and Corruption Act 2001 for implementation across Council: 1. Right to Information Policy 2. Information Privacy & Confidentiality Policy 3. Complaints Management Process Policy 4. Procedures & Guidelines - Public Interest Disclosure 5. Public Interest Disclosure Policy"

Moved Cr B Heath Seconded Cr R Taylor Resolution Number 1275 "That the Recommendation be adopted." FOR - Unanimous CARRIED


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10.35am - 10.55am The meeting adjourned for morning tea. It was noted when the meeting reconvened that Ms N Gassin was no longer in attendance and Messrs D Bradford, Manager Rates, Clients and Business Systems, G Singh (Manager of Finance) and G Scott-Holland (Manager Community Strategy) had entered the meeting.

8.3 REGISTER OF FEES AND CHARGES 2016/2017

Executive Summary:

The recommended Schedule of Fees and Charges for 2016/2017 are presented for Council's consideration. Cr Mark Nolan referred to Page 8 of the Schedule of Fees and Charges, in particular "Food licence and Annual Renewal Fees - Category 1 - Food preparation at home for markets" and asked that Council retain the 2015/16 Base Charge at $180.00 per application as opposed to the recommended 2016/17 increase to $185.00 per application. The Council agreed to retain the 2015/16 Base Charge of $180.00. Accordingly, the Schedule of Fees and Charges will be amended to reflect this amendment. Recommendation:

"That: 1. the Schedule of Fees and Charges for 2016/2017 be adopted effective 1 July

2016; and 2. the Chief Executive Officer be delegated authority to negotiate fees and charges

where circumstances warrant.”

Moved Cr M Nolan Seconded Cr W Kimberley Resolution Number 1277 "That the Recommendation be adopted." FOR - Unanimous CARRIED 11.15am Ms N Gassin re-entered the meeting.


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8.4 CORPORATE SERVICES FINANCIAL REPORT APRIL 2015

Executive Summary:

The purpose of this report is for Council to receive the Financial Report for the period ending 30th April 2016 prepared on the 10th May 2016. The Manager Finance will be available at the Council meeting to answer any questions Councillors may have. Recommendation:

“That the report be received and noted.”

Moved Cr R Taylor Seconded W Kimberley Resolution Number 1278 "That the Recommendation be adopted." FOR - Unanimous CARRIED

9. NOTICE OF MOTION

Nil

10. GENERAL BUSINESS

10.1 INTRODUCTION OF COMMITTEE-BASED MEETING STRUCTURE

The Mayor thanked the Councillors for their cooperation and commitment to the new Committee-based meeting structure adopted at today's meeting. Cr Kremastos said that there is an expectation within the community that the adoption of a Committee-based meeting structure will provide an opportunity for the Council to achieve some excellent results to the benefit of the region. Councillors concurred with the Mayor's comments.

11. CONFIDENTIAL

Nil 11.30am There being no further business, the Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 23rd DAY OF JUNE 2016.

________________________________ Mayor

minutes - cassowary coast region · 26-05-2016 · the mayor informed the meeting that mick...

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