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Page 1: FINAL MINUTES - Mackay Council · FINAL MINUTES WEDNESDAY 27 JANUARY 2016 MIN/27.01.2016 FOLIO 40548 Background/Discussion Consultants presented the preferred concept prepared during

FINAL MINUTES

27 January 2016

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Table of Contents

Folio Date Particulars

40544 27.01.216 Ordinary Meeting Minutes

40588 27.01.2016 Bakers Creek/Walkerston Flood Study

40658 27.01.2016 Policy - Policy No. 091 - Tradeable Development Rights

40664 31.12.2015 Strategic Financial Report for the Month of December 2015

40680 27.01.2016 Final Management Report for Mackay Regional Council

40681 27.01.2016 Policy - Policy No. 010 - Roadside Memorials

40684 27.01.2016 Policy - Policy No. 021 - Closure or Reopening of Road to

Through Traffic

40687 27.01.2016 Policy - Policy No. 023 - Provision of Driveways and Property

Access during the Course of Council's Road Reconstruction or

Construction

40690 27.01.2016 Policy - Policy No. 024 - Driveways and Property Accessing

Crossing Road Reserves

40693 27.01.2016 Policy - Policy No. 025 - Road Impacts of Proposed

Developments on Existing Road Infrastructure Assets

40695 27.01.2016 Policy - Policy No. 026 Kerbside Numbering

40698 27.01.2016 Policy - Policy Review - Waste Collection Services

40703 27.01.2016 Adoption of Standing Orders

Declaration of Potential Conflict of Interest

Nil.

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ORDINARY MEETING

MINUTES

1. OPENING PRAYER:

Rev Alan May led those present in Prayer.

2. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J

Bonanno, L G Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan, D J

Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the

meeting. Also present was Mr J Devitt (Acting Chief Executive Officer) and Mrs M

Iliffe (Minute Secretary).

The meeting commenced at 10.03 am.

3. ACKNOWLEDGEMENT TO COUNTRY

Cr D J Perkins acknowledged the Yuwibara people, the traditional custodians of the

land on which we meet and pay his respects to their Elders past and present.

4. ABSENT ON COUNCIL BUSINESS:

Nil

5. APOLOGIES:

Nil

6. CONDOLENCES:

Cr Martin offered Council's condolences to the family and friends of Michael (Mike)

Pope, following his sudden passing.

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7. CONFIRMATION OF MINUTES:

7.1 ORDINARY MEETING MINUTES - 16 DECEMBER 2015

THAT the Ordinary Meeting Minutes held on 16 December 2015 be

adopted.

Moved Cr Casey Seconded Cr Perkins

CARRIED

8. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

9. MAYORAL MINUTES:

Nil

10. CORRESPONDENCE AND OFFICERS’ REPORTS:

10.1 FACILITATING DEVELOPMENT IN THE MACKAY REGION

POLICY - HORIZONS - 44-52 VICTORIA STREET, MACKAY -

DA-2008-776/A

Author Principal Economic Development Officer

Purpose

To assess a request for consideration under the Facilitating Development in the Mackay

Region Policy.

Background/Discussion

Horizons is a mixed use multi-rise building project located at 44-52 Victoria Street,

Mackay. The site has an existing MCU Development Permit with the proponent

lodging a request to extend the currency period on the existing MCU (DA-2008-

776/A).

In addition, the applicant has proposed design changes with an additional three stories

and 36 units. In total, the proposed development includes 108 residential units and

496m2 GFA commercial and retail space.

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The proponent has requested concessions under the Facilitating Development in the

Mackay Region Policy including 100% concession on infrastructure charges and

concession on residential and non-residential car-parking rates.

As per the policy, a concession of up to 50% on infrastructure charges in accordance

with the Adopted Infrastructure Charges notice may apply. Council may also grant

parking concessions for qualifying developments for residential and non-residential

activities based on a case by case basis.

Consultation and Communication

For a development to be considered for incentives under the policy the developer must

submit a business case to the Council. The business case was presented to Council

during a briefing on 18 November 2015.

Strategic Planning and Development Assessment were consulted for feedback on the

proposed development’s alignment with the City Centre planning and revitalisation

objectives and Councils Strategy, Leadership and Performance Team has also

considered this matter.

Resource Implications

Under the Adopted Infrastructure Charges Resolution, the proposed development

would generate a total gross charge of $1,952,104 with an available credit of $25,200.

A 50% concession would reduce the infrastructure charge received by $976,052. It is

important to note that the concession would only apply to the Adopted Infrastructure

Charges if the development proceeds in accordance with the conditions of the

Facilitating Development Policy and in particular the recommendations noted below.

Risk Management Implications

The proposed development will need to be assessed for any changes from the

information previously provided to Council. If any aspect of the proposed development

changes the necessary parking provision will change accordingly.

If the development is not completed and operational within the recommended

timeframe, the concessions will no longer be applicable and 100% of the applicable

Infrastructure Charges and parking in accordance with the relevant Planning Scheme in

force at the time will be applicable to the development.

There is a risk that granting significant concessions can leave Council exposed to

similar claims in future and that a potential infrastructure funding gap could present.

These risks are sufficiently mitigated by the fact that infrastructure is available to

service the development and by the strict timeframes detailed on claiming any

concession grants under the facilitating development policy.

There is also a risk in the current economic environment that granting significant

concessions could be seen by some as facilitating an oversupply of apartment

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accommodation in the City Centre. These risks are mitigated by the fact that the

product being delivered is of a different scale and type to much of what already exists

in the City Centre and by the fact that significant numbers of local jobs will be created

by the project which will have significant flow on benefits to local contractors and

suppliers. Council will only provide incentives if local content is maximised in the

building of the development.

Conclusion

The Facilitating Development in the Mackay Region Policy provides incentives for

developments that will deliver significant economic development and growth outcomes

in alignment with Council’s policy and planning objectives and this project meets the

policy objectives and therefore should be positively considered for support.

Officer's Recommendation

THAT a concession of up to 50% of infrastructure charges be approved,

dependent on:

a) The provision of car parking amended to an acceptable number of spaces;

b) Development completed and use commenced by 31 May 2018;

c) A local firm is engaged to construct the building; and

d) Parking to be provided with any future development of the site must be at

a minimum, equal to the parking rates nominated in the version of the

Draft Mackay Region Planning Scheme that was publicly notified in

2013.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Perkins Seconded Cr Morgan

CARRIED

10.2 MACKAY REGION BOTANIC GARDENS DESIGN PROJECT

UPDATE

Author Operational Forward Parks Planner

Purpose

To advise Council of actions and adjustments made to options recommended in the

concept prepared for the Botanic Gardens presented on the 9th

December; and to seek

approval for the project to proceed into Phase 3 - Design Development.

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Background/Discussion

Consultants presented the preferred concept prepared during Phase 2 of the MRBG

Design Project for the Botanic Gardens to Council on the 9th December. Feedback

provided by the MRBG Advisory Board on the concept was also tabled and discussed

at the briefing.

In response to the presentation and feedback received, Council requested that additional

information and/or investigative work be undertaken, and for some changes to be made

to the concept plan. Each of these requests is described separately.

Tourist Information Centre

Council was advised of the mixed response from community stakeholders to the

proposal to relocate the Tourist Information Centre (TIC) adjacent to the Water

Treatment Plant on Nebo Road. Mackay Tourism was very supportive of the proposal.

Community stakeholders expressed concerns about the feasibility of the slip road,

safety risk of turning vehicles on approach from the south and the impact of the on-site

parking on the existing mature vegetation and garden displays. It is also apparent that

community stakeholders are concerned about the potential for the deactivation of areas

on the southern side of the rail corridor should the TIC be relocated.

The concept sketches presented illustrating the scale and positioning of the purpose-

designed building and associated parking, did relieve concerns about potential impacts

on the area of the Gardens proposed for the TIC, however approval from the

Department of Transport and Main Roads (DTMR) remains outstanding.

DTMR were approached for preliminary advice on the feasibility of the proposal and

recently advised that comment could only be provided on lodgement of a formal

request accompanied by a Traffic Impact Assessment Report. Council requested that

the consultants prepare the required report to assist Council in lodging a formal request

in order to ascertain if DTMR will support the proposal.

Council acknowledged concerns expressed by community stakeholders that to date

areas to the southern side of the rail corridor have received less attention in terms of

potential enhancement, and unless promoted, could attract fewer visitors particularly if

the TIC was to be relocated. Consultants have been requested to focus on these areas to

ensure that the attractions already developed in this part of the Garden might be

improved and are continued to be accessed. This is to include suggestion on how the

existing connections under the rail corridor can be upgraded, as well as opportunities to

improve the visibility of the southern entry to the Gardens from Nebo Road.

The Garden’s Triangle

Council was supportive of the strategy to concentrate the Garden’s built attractions in

the eastern portion of the site creating the proposed ‘Garden’s triangle’, and specifically

the notion of offering a direct low-level pedestrian connection between the existing

Cremorne and future Meadowlands Centres. The approach provides the added benefit

of preserving more of the Meadowlands Sector for botanical displays and community

recreation. As a final decision regarding the relocation of the TIC cannot be made until

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advice from DTMR is received, the design for the eastern portion of the Gardens should

progress on the basis of allowing for, but not being reliant on this component of the

‘triangle’ being developed to operate successfully. The proposal to retain a trafficable

crossing for light-weight vehicles in the location of the existing culvert crossing, given

it is the most feasible and cost effective solution, is recommended to be pursued.

Chinese Garden

Council and community stakeholders rejected the proposal illustrated in the concept

plan to develop the Chinese Garden within the Meadowland Sector in favour of

offering a site of similar size to other international gardens to create a precinct of

international gardens. Consultants were requested to propose alternative sites for

consideration by Council. Attachment 1 outlines the revised options for the Chinese

Garden. Option 1 is recommended as the preferred location for the development of the

Chinese Garden.

Re-purposing of the Cremorne Centre

Council supported the recommendation for the Gardens administration and education

program to be accommodated in the Meadowlands Centre once developed. It was also

agreed in light of this strategy, that construction of the third module of the Cremorne

Centre should not proceed.

The consultants were asked to investigate options to adjust the existing internal layouts

for both café and existing administrative areas within the Cremorne Centre. This will

address the current deficiencies identified in the building’s layout as a short term

measure until future accommodation is constructed within the Meadowlands Sector. A

flexible approach was recommended, which would allow the existing administrative

module to be used in the future for a variety of purposes. The concept of an indoor and

botanically-themed children’s space, which includes both a component of play and

interpretative or education activities appears feasible, and should complement the café’s

use and patronage.

Use of the Backwash Water

The concept featured an artificial lake / wetland system within the Meadowlands Sector

which utilised the backwash water discharged daily from the Water Treatment Plant as

the water source. In addition to acting as the centrepiece of the bio-regional botanical

displays, this feature was also designed to polish the backwash water (sediment and

nutrient removal) prior to its release into the natural waterway.

Council was presented with two options to supply the backwash water to the perched

lake. Both proposed intercepting the supply of backwash water prior to its discharge

into the lagoons and gravity feeding it into and through an artificial waterway.

Following confirmation that the release of the backwash water could not be adjusted,

this design solution became contingent on constructing either a storage tank or holding

dam within the Meadowlands Sector.

In response to the discussion and concerns about the added cost to store the backwash

water prior to feeding into the artificial waterway, Council requested an alternative

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strategy be investigated. The consultants were asked to consider pumping water directly

from the lagoons to feed the perched lake to avoid the need to construct either a storage

tank or holding dam. In this scenario, the backwash water would continue to be

discharged directly into the lagoons.

The consultants have been asked to provide a detailed report comparing the advantages

and disadvantages of the two strategies to deliver a water supply to the artificial lake /

wetland system. This report is in preparation. In terms of feeding the backwash water

directly to the Meadowlands Sector, the options of using both a storage tank and a

holding dam are to be considered.

Consultation and Communication

A detailed presentation of the various options and recommendations for the preferred

concept layout was made to the MRBG Advisory Board and members were encouraged

to discuss the proposals with their respective stakeholder groups. A request was made

for community stakeholders to provide a written submission to Council outlining their

feedback on the concept presented. A single submission was received from the Mackay

Branch of Native Plants Queensland (Society For Growing Australian Plants

Queensland Region Incorporated). A copy of this submission is provided as Attachment

1.

The feedback received has raised a number of technical and/or design-related issues.

Most can be addressed as the concept progresses into detail design during the next

phase of the project, however additional information regarding the results of

preliminary soil and dredge spoil testing can be provided. A formal response to the

submission will be prepared. Currently the consultants are in the progress of reviewing

and providing technical input into this response.

Resource Implications

During Phase 3 the consultants will be developing the concept into a detailed layout

enabling both the staging and high level cost estimates to be prepared. This

information will be used to inform the decision regarding approval of the detailed

design for the site’s future development. At this time approval is only being sought for

the project to progress into Phase 3, and as a result there are no immediate resource

implications. Funding for this stage of the design project is available within the 15/16

capital program.

Risk Management Implications

Council’s reputation may be impacted if individual stakeholders or groups continue to

express concerns or oppose design changes which deviate from the 2010 Master Plan.

To reduce this risk, it is suggested that the MRBG Advisory Board continue to be

informed of the reasoning behind Council’s decisions including the cost implications

and benefits for the community as a whole. In addition to the bi-monthly meeting, it has

been recommended that a more regular newsletter or bulletin be prepared and issued to

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keep members and their various stakeholder groups informed of the project’s progress

as well as continued opportunities to input into design process.

Conclusion

The concept for the Meadowlands Sector, and including the general configuration of

the bio-regional botanical displays and artificial lake / wetland areas, was well received

by the MRBG Advisory Board. While the technical issues outlined in this report require

additional investigation before a decision regarding these components can be made,

resolution of these issues will not significantly impact or prevent the detailed design of

the majority of the site from being progressed and it is prudent to continue progressing

the project and beginning design on settled areas of the concept at this stage.

Officer's Recommendation

THAT approval is given for the project to progress into Phase 3 - Design

Development subject to the consultants undertaking further investigation and

making the requested changes to the concept plan as outlines in this report.

Council Resolution

THAT the report be deferred pending further information.

Moved Cr Morgan Seconded Cr Steindl

CARRIED

10.3 BAKERS CREEK/WALKERSTON FLOOD STUDY

Author Infrastructure Planning Engineer, Strategic Planning

Purpose

To adopt the Bakers Creek/Walkerston Flood Study (WRM Water + Environment, May

2013) so that it may inform planning controls for urban development affected by

flooding around the township of Walkerston.

Background/Discussion

Council commissioned consultants WRM Water + Environment to prepare a flood

study for Bakers Creek which incorporated the township of Walkerston. This study was

commissioned in late 2012.

The study was undertaken to assist Mackay Regional Council (MRC) in land use

planning and development assessment in and around the township of Walkerston. The

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study was partially funded by three developers in the catchment to enable their

proposed developments to be included in the study.

Bakers Creek drains the southern floodplain of the Pioneer River through the townships

of Walkerston and Bakers Creek to the Coral Sea. The catchment is largely agricultural

sugarcane farming land and is very flat. The main channel of Bakers Creek through

Walkerston is narrow at between 20m and 30m wide, and widens up to 600m near the

ocean.

Hydrologic and hydraulic modelling tools were used to investigate design flood

discharges, flood levels and flood extents for a range of flood scenarios including the 5

year, 50 year, 100 year, 200 year and 500 year Annual Recurrence Interval (ARI)

events, and the Probable Maximum Flood (PMF). Queensland Government (2010)

recommendations regarding potential climate change impacts on flooding were also

assessed. Multiple previous studies have been undertaken on the catchment, however

this particular study updates all previous studies with the emphasis on the Walkerston

area, and incorporates model calibration using the 2007/2008 flood events.

Flood levels were estimated for three cases, ensuring the varying agricultural seasons

and the influence of the Pioneer River were considered:

Case 1: Sugarcane growth at the 2008/2009 levels of development (Existing

Conditions)

Case 2: Cleared land or low sugarcane land use catchment conditions; and

Case 3: Bakers Creek catchment flooding coinciding with Pioneer River

overflows.

The highest predicted flood levels for Case 1, 2 and 3 with climate change for the year

2100 were adopted as the design flood levels for the catchment. This level dominates

over and above the Goosepond Creek (including Pioneer River) Flood Study for

locations throughout the township itself, up to 0.23m higher than the Pioneer River

levels, although the Pioneer River levels dominate areas to the east of Creek

Street/Anne Street.

Consultation and Communication

Initial internal consultation took place between Development Assessment and Strategic

Planning which highlighted the need for this study to commence. This was largely due

to three Development Applications being held in abeyance for a number of years, due

to unknown effects of filling the development sites, and their level of impact from a

Bakers Creek flood.

Further internal consultation took place once specific deliverables were achieved. Staff

members from Development Assessment - Engineering, Development Assessment -

Planning, Technical Services and Strategic Planning provided comment during the

formulation of drafts and at any other times where comments were requested by the

consultant. The outcomes of the study pertaining to the three contributing developers

were communicated to them.

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Resource Implications

The Bakers Creek/Walkerston Flood Study was jointly funded between three

developers and Council. Monies associated with this study were paid for from the

2012/13 budget, and the three involved developers paid their contributions. No further

resources or commitment is required as a result of this report.

Risk Management Implications

The Bakers Creek/Walkerston Flood Study focusses on modelling the existing flood

impact in the catchment for numerous events in order to better understand the flood risk

posed to the community and allow it to be effectively managed in the future.

Combined with the Goosepond Creek (including Pioneer River) Flood Study (WRM

2012), the Bakers Creek/Walkerston Flood Study provides an understanding of the

source of flood risk to the Walkerston Community, the severity of potential flood

scenarios and allows Council to determine the most appropriate methods of mitigating

the risk within future developments.

The report includes provision for climate change factors to the year 2100. A 20%

increase in rainfall intensity expected as a result of climate change will result in 100

year, 200 year and 500 year ARI flood level increases by up to 0.5m along Bakers

Creek compared to the same scenario without a climate change factor included.

The study does not propose any new trunk infrastructure or drainage mitigation works.

The outcomes pertaining to the three individual developments showed that there was

negligible impact on the existing properties as a result of filling the development sites

above the flood level. One proposed development (on Bold Street) includes a large

open drain, which was identified as needing to remain in order to adequately drain the

surrounding catchment; however, Operational Works filling of that site was previously

undertaken with the drain remaining in place. The developments have been

conditioned to ensure the recommendations of the Bakers Creek/Walkerston Flood

Study were considered, and will not adversely impact the drainage in the surrounding

area.

Conclusion

The Bakers Creek/Walkerston Flood Study provides information on the design flood

levels for the 5 year, 50 year, 100 year, 200 year and 500 year ARI events as well as the

Probable Maximum Flood (PMF). The potential impacts of Climate Change to the year

2100 based on Queensland Government (2010) recommendations have also been

included.

Compared to the Pioneer River Flood Study levels, the Bakers Creek levels dominate

the area to the west of Creek Street/Anne Street, up to 0.23m higher than the previously

modelled Pioneer River levels. The Pioneer River levels dominate the area to the east

of Creek Street/Anne Street.

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Officer's Recommendation

THAT Council adopt the Bakers Creek/Walkerston Flood Study and use the

design levels west of Creek Street/Anne Street (where they dominate the Pioneer

River flood levels) to inform planning controls for urban development affected by

flooding in the Walkerston area.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Perkins Seconded Cr Casey

CARRIED

10.4 TRADEABLE DEVELOPMENT RIGHTS POLICY

Author Senior Strategic Planner

Purpose

The purpose of this report is to seek Council's endorsement for the adoption of the new

council policy on tradeable development rights in the rural zone.

Background/Discussion

Many submissions made to the draft Mackay Region Planning Scheme were in relation

to matters dealing with rural land. One of the issues raised was the potential for a

Tradeable Development Rights Scheme (TDRS). Strategic Planning investigated the

option of a TDRS suitable for the region outside the planning scheme framework. The

planning scheme and broader planning policy do not support the creation of additional

allotments in the rural zone on the basis of protection of agricultural land and the

discouragement of increasing non-rural uses throughout the rural zone. However,

landowners, including farmers, are often willing to subdivide to raise capital for on-

going farming practices or to provide housing options in proximity to family farms.

Thus, the issue of subdivision in the rural zone is often contentious.

The 2014 Rural and Rural Residential Land Internal Review explored in detail the

grounds for the various provisions in the planning scheme. The findings showed that

there is no demonstrated need to release any substantial areas of rural residential zoned

land or enlarge existing rural residential areas. The review was presented to Council in

September 2014 and provides significant background material on the State Planning

Policy and draft planning scheme position for the protection of agricultural land.

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Consultation and Communication

This policy was developed collaboratively with the key stakeholders: Canegrowers

Limited and Mackay Sugar Limited. A consultation draft and comments were received

from the Department of State Infrastructure Local Government and Planning, the Rural

Affairs Advisory Committee and the Urban Development Institute of Australia.

Resource Implications

There are no resource implications arising out of this policy adoption. Proposals which

are successful as a result of this policy will still be required to pay all necessary fees in

accordance with the adopted fees and charges schedule and comply with the relevant

planning legislation.

Risk Management Implications

There is some risk that excessive uptake of the policy provisions may affect regular

market forces in relation to supply of rural-residential style allotments. This has been

overcome by inclusion of a statement to that effect at item two in the policy.

Conclusion

This policy provides a real incentive for the preservation of agricultural land while

allowing landowners and farmers to create capital and plan for farm succession. The

policy represents a win-win position for all stakeholders.

Officer's Recommendation

THAT Council adopt the Tradeable Development Rights Policy No. 91.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Perkins Seconded Cr Martin

CARRIED

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10.5 LEASE TO E O'BRIEN - LEASE A IN LOT 901 ON SP104472

File No 104472-901-SP

Author Manager Property Services

Purpose

To approve establishing a new trustee sub-lease for an area of 2965m2 being Lease A

on CP842108 (“Lease”) in Lot 901 on SP104472 located at 2-8 River Street, Mackay

and within the Pioneer River system to Emmett Matthew O’Brien (“Tenant”).

Background/Discussion

Mackay Regional Council (“Council”) is the Registered Lessee of State Term Lease

0/220993 over Lot 901 on SP104472. The parcel is owned by the State and leased to

Council for Commercial Purposes.

The area was originally under Mackay Port Authority control, however following

negotiations it was seen as an opportunity for Council to secure control of the State

Lease over the section of river frontage via a transfer of lease from Mackay Port

Authority.

Within the Lease area are a number of berthing and jetty type structures which

historically were leased for fishing boats and recreational vessels.

This Lease and Tenant are one of the original tenancies transferred to Council. Upon

review of the precinct a new lease was established between the Tenant and Mackay

City Council which expired on 30 September 2013.

The Tenant has remained in possession of the Lease from expiration of the Lease on a

month-to-month basis for convenience at a rental of $1,549.19 per annum plus GST

whilst new precinct plans are developed.

As part of a review of the Pioneer River precinct rental evaluations were undertaken by

valuers Herron Todd White wherein the estimated rental consideration was appraised at

$3,300.00 per annum exclusive of GST for this Lease.

It was further considered that prior to granting any new lease the Tenant would be

required to provide an Engineers Report, at his cost, to verify the structural condition of

the existing building and berthing infrastructure. The Tenant, in accordance with the

existing Lease, is responsible in maintaining the Lease area in a safe condition for all

persons; therein the cost to verify the safe condition lies with the Tenant.

With all information now at hand a meeting was held between senior Council staff and

the Tenant wherein the following was disclosed:-

1. Council has no immediate need for the Lease area and that a new Lease could

be granted.

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2. The Tenant was not currently in a financial position to provide the newly

appraised rental but that he wished to continue to tenant the site.

3. The Tenant was sub-leasing part of the Lease to another party wherein the

newly appraised rental could not automatically be on charged.

4. Engineers reports on the structural soundness of the building and berthing

infrastructure was required prior to a new Lease being granted.

The meeting resolved that a new Lease could be entered into between Council and the

Tenant, for the Lease subject to the following Lease conditions:-

Term: 3 years.

Conditions: Council could terminate the Lease upon development of the river precinct.

Rental: Years 1 and 2 rental would remain at current rental of $1,549.19 plus

GST.

Year 3 and any further years at appraised rental of $3,300.00 plus GST.

The Lease offer would be open for acceptance for a period of 14 days.

In accordance with Section 236(1)(c)(iii) of the Local Government Regulation 2012 a

local government may dispose of a valuable non-current asset other than by tender or

auction if the valuable non-current asset is for the purpose of renewing the lease of land

to the existing tenant of the land.

Consultation and Communication

Consultation has occurred between the Council’s Acting Chief Executive Officer,

Director Organisation Services, Manager Economic Development, Manager Property

Services, Senior Strategic Planner, Legal Counsel, valuers Herron Todd White,

solicitors SB Wright & Wright and Condie and Mr E O’Brien the Tenant.

Resource Implications

All costs incurred in respect to the preparation and lodgement of the lease document

will be borne by the Tenant.

The Lease will be a commercial ‘trustee’ lease inclusive of agreed conditions for a

period of 3 years period with a total rental received for that 3 year term being $6,398.38

plus GST.

Risk Management Implications

The Lease is part of the original tenancy as transferred from the Mackay Port Authority

and is not currently required for Council purposes. Leasing the site would be the most

advantageous outcome to Council and will ensure that the site is maintained to an

appropriate standard whilst receiving an income.

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Conclusion

That surrendering of the existing Lease A for an area of 2965m² and approving a new

tenure over Lease A to the Tenant for commercial purpose is the most advantageous

outcome to Council.

The Lease will be signed under delegation once finalised.

Officer's Recommendation

A. THAT Council resolves that an exemption applies under Section

236(1)(c)(iii) of the Local Government Regulation 2012 allowing

Council to lease the subject land, other than through a process of tender

or auction, due to the fact that proposed lease is for the purpose of

renewing the lease of land to the existing tenant of the land.

B. AND THAT Council surrender the existing lease to Emmett Matthew

O’Brien which expired on 30 September 2013; and

C. FURTHER THAT Council approve a new lease for a term of three (3)

years to Emmett Matthew O’Brien over Lease A on CP842108 in Lot

901 on SP104472 located at 2-8 River Street, Mackay. Such lease will

commence from date of signing and be a standard ‘trustee’ commercial

sub-lease for an inclusive rental of $6,398.38 plus GST over the term of

the lease, subject to approval of the Department of Natural Resources

and Mines and all costs being borne the Tenant.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Walker Seconded Cr Steindl

CARRIED

10.6 LEASE TO THE SCOUT ASSOCIATION OF AUSTRALIA, QLD

BRANCH INC - LOT 40 ON CI3475

File No 3475-040-CI

Author Manager Property Services

Purpose

To approve establishing a new trustee lease for an approximate area of 2004m2 being

Lease A in Lot 40 on Ci3475 located at 36 Lee Street, Sarina (“Lease”) to the Scout

Association of Australia, Queensland Branch Inc (“Tenant”).

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Background/Discussion

Mackay Regional Council (“Council”) is the trustee of Recreational Reserve Lot 40

Ci3475 situated at 36 Lee Street, Sarina.

The Tenants Sarina Group have occupied and maintained the lease site under

arrangement since 22 May 1988, with such lease having expired on 30 October 2015.

The Tenant requests to remain on their site with a renewed lease to enable their group

to continue to carry on their operations. They intend to continue to maintain the site to

a high level which includes their clubhouse, landscaping, shed and undertaking annual

repairs and maintenance as required.

The Tenant’s Sarina Group celebrate their 85th

year in 2016 of which group includes

scouts, cub scouts and joeys of over 30 youth members. The Tenant is an organisation

that encourages the physical, intellectual, emotional, social and spiritual development

of young people. It further encourages young children to be fit, look after themselves,

discover new skills and interests, think about themselves and other people and share

their thoughts and experiences with others. Scouting is learned by doing the scout

program through activities such as games, self-expression, handcraft, challenges,

stories, songs, bushcraft, cooking, adventure activities and community help activities.

The Tenant’s Sarina Group partake in Australia day, ANZAC Day, Landcare, Sarina

Cancer Relay for Life, Waverley Creek Driver Reviver and maintain a strong

community focus.

The Lease offer would be open for acceptance for a period of 30 days.

In accordance with Section 236(1)(c)(iii) of the Local Government Regulation 2012 a

local government may dispose of a valuable non-current asset other than by tender or

auction if the valuable non-current asset is for the purpose of renewing the lease of land

to the existing tenant of the land.

Consultation and Communication

Consultation has occurred between the Land & Building Officer - Property Services,

Sports and Recreational Coordinator, the Tenant and the Tenants Sarina Group.

The renewal of this Trustee lease is subject to Ministerial consent being obtained from

the Department of Natural Resources and Mines.

Resource Implications

All costs incurred in respect to the preparation and lodgement of the lease documents to

be borne by the Tenant.

The lease will be a standard ‘Trustee’ type lease inclusive of peppercorn rental of

$50.00 plus GST per annum and other like conditions.

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Risk Management Implications

The Tenants have occupied and maintained the Lease site under arrangement since

1988 with an 85 year history in Sarina. Should the lease not be renewed, both the

community and region would not be able to benefit from the opportunities that arise

from such a group.

Conclusion

That the renewal of the lease to the Tenant, who have shown a long term commitment

to the land, its infrastructure and the local community is the most advantageous

outcome to Council.

Officer's Recommendation

A. THAT Council resolves that an exemption applies under Section

236(1)(c)(iii) of the Local Government Regulation 2012 allowing

Council to lease the subject land, other than through a process of tender

or auction, due to the fact that proposed lease is for the purpose of

renewing the lease of land to the existing tenant of the land, and is a not-

for-profit association.

B. AND THAT Council surrender the existing lease to The Scout

Association of Australia (Queensland Branch) which expired on 30

October 2015; and

C. FURTHER THAT Council approve a new lease for a term of ten (10)

years to The Scout Association of Australia, Queensland Branch Inc

over Lease A in Lot 40 on Ci3475 located at 36 Lee Street, Sarina with

such lease to commence from date of signing and be a standard ‘trustee’

type lease inclusive of peppercorn rental of $50.00 plus GST per annum

and other like conditions and subject to the approval of the Department

of Natural Resources and Mines.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Steindl Seconded Cr Bonaventura

CARRIED

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10.7 STRATEGIC FINANCIAL REPORT FOR THE MONTH OF

DECEMBER, 2015

Author Director Organisational Services

Purpose

To adopt council’s Strategic Financial Report for the month of December 2015.

Background/Discussion

Under Part 9 Section 204 of the Local Government Regulation 2012, the Local

Government is required to prepare a financial report which the Chief Executive Officer

presents at a meeting of the local government once a month.

The financial report must state the progress that has been made in relation to the local

government’s budget for the period of the financial year up to a day as near as

practicable to the end of the month before the meeting is held.

Consultation and Communication

Acting Chief Executive Officer, Directors, Manager Financial Services

Resource Implications

Nil

Risk Management Implications

Some revenue streams are currently tracking below year to date budget. Whilst this is

being offset by a reduction in expenditure, this will continue to be monitored and

adjusted in future budget reviews, if required.

Conclusion

Council is tracking favourably during December, noting a reduction in expenses is

covering a reduction in revenue.

Council is cognisant of the current economic climate and will continue to closely

monitor how the various revenue streams are tracking throughout the remainder of the

year to forecast. There are no significant variances to report at this time and no reliable

indicators of any future potential issues.

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Officer's Recommendation

THAT the attached Strategic Financial Report for the month of December 2015

be adopted.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Walker Seconded Cr Bonanno

CARRIED

10.8 FINAL MANAGEMENT REPORT FOR MACKAY REGIONAL

COUNCIL

File No Audit 2014/2015

Author Director Organisational Services

Purpose

The purpose of this report is to table, for Councils information, the results of the final

audit completed by Council's external auditors on behalf of the Queensland Audit

Office.

Background/Discussion

The letter attached summarises audit findings identified by Council's external auditor

(Moore Stephens) on behalf of the Queensland Audit Office (QAO).

In accordance with section 213 of the Local Government Regulation 2012 the Mayor

must table a copy of this letter at an ordinary meeting of Council.

Consultation and Communication

Acting Chief Executive Officer, Directors, Manager Financial Services

Resource Implications

As there were as no material or significant deficiency related issues were identified

there are no resource implications.

Risk Management Implications

As there were as no material or significant deficiency related issues were identified

there are no risk management implications.

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Conclusion

This report is for Council's information only as no material or significant deficiency

related issues were identified.

Officer's Recommendation

THAT Council receive the Final Management Report for Mackay Regional

Council for the year ended 30 June 2015.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Walker Seconded Cr Perkins

CARRIED

10.9 POLICY NO. 010 - ROADSIDE MEMORIALS POLICY

Author Manager Technical Services

Purpose

The purpose of this report is to present to Council a revised ‘Roadside Memorials’

policy for readoption as a formal policy.

Background/Discussion

Council has previous adopted a policy to control and establish guidelines for the

installation, placement and removal of roadside memorial. The current policy

essentially reflects the pre-existing policy but has been reviewed to consider any

changed current standards and methods.

Consultation and Communication

Acting Director Engineering and Commercial Infrastructure

MRC Program Managers.

Resource Implications

There are no new resource implications required for the Policy. The process is

administered within Technical Services and applied through Civil Operations as

required.

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Risk Management Implications

The existence of this Policy enables Council to have a documented and enforceable

guideline in relation to Roadside memorial placement, maintenance and removal if

required which can be provided to applicants indicating the requirements for any

application wishing to be submitted. The presence of the Policy may reduce possible

reputational risk issues in management of the process for establishment or removal of

roadside memorials.

Conclusion

It is recommended that Council adopt the revised ‘Roadside Memorials’ policy as a

formal Council Policy.

Officer's Recommendation

THAT the Council adopt the revised ‘Roadside Memorials’ as a formal policy of

Mackay Regional Council.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

10.10 POLICY 021 - CLOSURE OR REOPENING OF ROAD TO

THROUGH TRAFFIC

Author Director Engineering & Commercial Infrastructure

Purpose

The purpose of this report is to present to Council a revised ‘Closure or Reopening of

Road to through traffic’ Policy for readoption as a formal Policy.

Background/Discussion

Council has previously adopted a Policy to establish guidelines for conditions under

which roads might be closed or reopened to address requests from members of the

public, government authorities or Council internally generated requests.

The Policy has been established for some time to indicate the processes under which

consideration of the proposals would occur and acknowledge the formal submission of

the request to the Traffic Advisory Committee and its subsequent report to and

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recommendations to Council as the appropriate procedural actions to occur. The current

Policy essentially reflects the pre-existing Policy but has been reviewed to consider any

changed current standards and methods.

The current Policy continues the current assessment and management processes

following review.

Consultation and Communication

Director Engineering and Commercial Infrastructure

MRC Program Managers

Resource Implications

There are no new resource implications for the Policy but continues the current Policy

requirements to establish procedural actions should a request be received.

Risk Management Implications

Nil

Conclusion

It is recommended that Council adopt the revised ‘Closure or Reopening of Road to

Through Traffic’ Policy as a formal Council Policy.

Officer's Recommendation

THAT the Council adopt the revised ‘Closure or Reopening of Road to Through

Traffic’ Policy as a formal Policy of Mackay Regional Council.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

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10.11 POLICY NO. 23 - PROVISION OF DRIVEWAYS & PROPERTY

ACCESSES DURING THE COURSE OF COUNCIL'S ROAD

RECONSTRUCTION OR CONSTRUCTION

Author Manager Technical Services

Purpose

The purpose of this report is to present to Council a revised ‘Provision of Driveways

and Property Accesses during the course of Council’s Road Reconstruction or

Construction’ for readoption as a formal policy.

Background/Discussion

Council has previous adopted a policy to provide for the replacement of existing

accesses at Council cost in urban and rural areas or a subsidised construction cost

associated with driveway construction in urban areas during the course of Council

reconstruction or construction projects while staff are onsite.

The policy has been a long standing Council driven prerogative and while it has been

reviewed internally there has been no motive to modify the current policy. The current

policy essentially reflects the pre-existing policy but has been reviewed to consider any

changed current standards and methods.

The current policy continues the current assessment and management processes

following review.

Consultation and Communication

Acting Director Engineering and Commercial Infrastructure

MRC Program Managers.

Resource Implications

There are no new resource implications required for the Policy, but continues the

current policy requirements to fund replacement and subsidised contributions as part of

capital works project funding. The process is administered within Technical Services

initially and applied by Civil Projects as part of capital works project delivery

processes.

Risk Management Implications

Nil.

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Conclusion

It is recommended that Council adopt the revised ‘Provision of Driveways and Property

Accesses during the course of Council’s Road Reconstruction or Construction’ as a

formal Council Policy.

Officer's Recommendation

THAT the Council adopt the revised ‘Provision of Driveways and Property

Accesses during the course of Council’s Road Reconstruction or Construction’

policy as a formal policy of Mackay Regional Council.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

10.12 POLICY NO. 024 - DRIVEWAYS & PROPERTY ACCESSES

CROSSING ROAD RESERVES

Author Manager Technical Services

Purpose

The purpose of this report is to present to Council a revised ‘Driveways and Property

Accesses Crossing Road Reserves’ policy for readoption as a formal policy.

Background/Discussion

Council has previous adopted a policy to establish standards and construction and

maintenance cost responsibility for driveways and property accesses.

The proposed policy essentially reflects the pre-existing policy but has been reviewed

to consider any changed current standards and methods.

Consultation and Communication

Acting Director Engineering and Commercial Infrastructure

MRC Program Managers.

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Resource Implications

There are no new resource implications required for the Policy but continues the current

policy requirements establishing construction and maintenance responsibility with the

landowner.

Risk Management Implications

Nil.

Conclusion

It is recommended that Council adopt the revised ‘Driveways and Property Accesses

Crossing Road Reserves’ policy as a formal Council Policy.

Officer's Recommendation

THAT the Council adopt the revised ‘Driveways and Property Accesses Crossing

Road Reserves’ policy as a formal policy of Mackay Regional Council.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

10.13 POLICY NO. 25 - ROAD IMPACTS OF PROPOSED

DEVELOPMENTS ON EXISTING ROAD INFRASTRUCTURE

ASSETS

Author Manager Technical Services

Purpose

The purpose of this report is to present to Council a revised ‘Road Impacts of Proposed

Developments on existing road Infrastructure Assets’ policy for readoption as a formal

policy.

Background/Discussion

Council has previous adopted a policy to control and recover costs related to road

impacts from proposed development projects. The current policy essentially reflects the

pre-existing policy but has been reviewed to consider any changed current standards

and methods.

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The current policy continues the current assessment processes following review.

Consultation and Communication

Acting Director Engineering and Commercial Infrastructure

MRC Program Managers.

Resource Implications

There are no new resource implications required for the Policy given all works are

aimed at recovering costs from developments where accelerated damage of road

pavements occurs due to additional traffic loadings applied to the road network. The

process is administered within Technical Services and applied through Development

application or Operational Works approval processes.

Risk Management Implications

The existence of this Policy enables Council’s under its legislative ability to recover

appropriate accelerated damage costs where they are applicable. This establishes a

documented and equally applied system which can be the basis of any challenge in

relation to the cost assessments.

Conclusion

It is recommended that Council adopt the revised ‘Road Impacts of Proposed

Development on Existing Road Infrastructure Assets’ policy as a formal Council

Policy.

Officer's Recommendation

THAT the Council adopt the ‘Road Impacts of Proposed Development on

Existing Road Infrastructure Assets’ policy as a formal policy of Mackay

Regional Council.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

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10.14 POLICY NO. 026 - KERBSIDE NUMBERING

Author Manager Technical Services

Purpose

The purpose of this report is to present to Council a revised Kerbside Numbering Policy

for readoption as a formal policy including installation standards.

Background/Discussion

Council has previous adopted a Policy to control and set standards associated with

installation of kerbside numbering to address instances of poor location and installation

standards.

The current Policy continues the similar processes but has been reviewed to meet

compliance with current standards.

Consultation and Communication

No external consultation was undertaken and internally the current Policy was reviewed

against current standards.

Resource Implications

There are no new resource implications required for the Policy given all works are

funded externally by the organisation seeking approval. The process is administered

within Technical Services as and when applications are received.

Risk Management Implications

The existence of this Policy enables compliance with Council’s legislative requirements

and recognised standards to achieve conformity from the various organisation seeking

to undertake these installations.

Conclusion

It is recommended that Council adopt the revised Kerbside Numbering Policy as a

formal Council Policy.

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Officer's Recommendation

THAT the Council adopt the attached Kerbside Numbering Policy as a formal

policy of Mackay Regional Council.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

10.15 POLICY REVIEW - WASTE COLLECTION SERVICES

Author Acting Director Engineering & Commercial Infrastructure

Purpose

The purpose of this report is to seek Council's endorsement for the readoption of the

following Council Policy:

Waste Collection Services.

This policy has been reviewed in accordance with requirement to review each two

years.

Background/Discussion

Waste Services, with Organisational Services coordinating, has conducted review of

Waste Services Policies to ensure that the Policy is up-to-date, compliant with

Legislation, and meets departmental requirements. As part of this project, the

following Policy has been reviewed and endorsed by the Strategy Leadership and

Performance Team:

Waste Collection Services Policy

This Policy provides an overview of the approach taken by Council in managing Waste

Collection Services within the region in accordance with the requirements of the Waste

Reduction and Recycling Act 2011 and Environmental Protection Act 1994.

The Environmental Protection Act commenced on 1 March 1995 and Council is bound

to comply with the environmental obligations referenced in this Act and the subordinate

Legislations.

The Waste Reduction and Recycling Act commenced on 28 October 2011 and Council

is bound to comply with the waste management obligations referenced within the Act.

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Changes to the Policy have been undertaken and these are:

Inclusion in Policy that Council is a designated area for the purposes of General

Waste Collection from residential premises

Inclusion of provision of bulk recycling services to multiple unit dwellings

Inclusion of additional recycle bin for fee

Alteration of term used for recycle service provided with general bins from “free”

to “without additional cost”

Inclusion of clause to address presentation of multiple bins for servicing

Inclusion of clause for service assessments referral for Development Applications

Consultation and Communication

Consultation has occurred with the Management Team and the Strategy Leadership and

Performance Team.

Resource Implications

There are no resource implications arising out of this report.

Collection Services relevant to this report are conducted through contract with JJ

Richards Pty Ltd.

Compliance activities applied in accordance with the Policy are applied with existing

resources in Waste Services.

Risk Management Implications

Reviewing Council Policies at regular intervals provides a strong risk management

outcome. Outdated Policies which fall behind contemporary trends and fail to take

account of changes in Legislation or other matters can leave Council open to significant

risk.

This Policy is referenced in decision making and in resolving conflict with respect to

provision of services. By providing discretion in decision making in this Policy, any

risks identified in services can be resolved either through engineering or elimination.

This Policy relates to Reference 7 of the Enterprise Risk Management – Strategic Risk,

‘Maintaining adequate affordable quality and supply of water, sewerage & waste

services’.

Conclusion

The regular review and updating of Council Policies is an important part of Council's

business practice to ensure that our Policies remain relevant and take account of

changes in Legislation or other factors which require changes.

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The Policy referred to by this report has been updated to ensure they are current and

compliant with Legislation and departmental requirements and services provided.

Officer's Recommendation

THAT Council adopt the Waste Collection Services Policy

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Bonaventura Seconded Cr Steindl

CARRIED

10.16 ADOPTION OF STANDING ORDERS

Author Acting Chief Executive Officer

Purpose

To adopt the Standing Orders (Meetings) 2016 to ensure the proper process and

procedures are followed during official Council Meetings.

Background/Discussion

The Local Government Act 2009 and the Local Government Regulation 2012 provide

the core requirements to regulate the conduct of meetings of the Local Government.

The Standing Orders will supplement these statutory requirements by providing

detailed procedures for the conduct of Council meetings.

The adoption of the Standing Orders is considered good governance practice providing

open and transparent decision-making.

The new Standing Orders replace the previous Standing Order (Meetings) 2010.

The major amendments are as follows:

Consistence with the requirements identified in the Local Government Act 2009

and Local Government Regulation 2012 to regulate the conduct of a meeting.

Including the reference to the Local Law No. 1 (Administration) 2011.

Consultation and Communication

The Standing Orders have been prepared by King & Company solicitors in consultation

with the Executive Officer, Mayor and Acting Chief Executive Officer,

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Resource Implications

King and Company provided an estimate of $500 for the preparation of the Standing

Orders. This expenditure has been authorised by the Legal Office who is responsible

for the associated budget.

Risk Management Implications

The risk associated with this matter is considered a low risk to Council.

Conclusion

It is proposed that Council adopt the Standing Orders (Meetings) 2016.

Officer's Recommendation

THAT the Standing Orders (Meetings) 2016 be adopted.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Gilbert Seconded Cr Casey

CARRIED

10.17 SCHEDULE OF COUNCIL MEETINGS

Author Executive Officer

Purpose

To revise the dates for the last Council Meetings for 2016 prior to the local government

election.

Background/Discussion

At the Ordinary meeting on 25 November 2015, the below Resolution was adopted by

Council:

"THAT:

1. Council's Ordinary Meeting cycle for 2016 consist of –

Wednesday 27 January 2016

Wednesday 3 February 2016

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Wednesday 10 February 2016

with Wednesday 10 February 2016 as the last meeting prior to the local

government election.

2. The necessary public advertisements occur accordingly."

Council has received formal notification of a Bio Futures Cabinet Committee Meeting

that has been scheduled to be held in Mackay on Wednesday, 10 February 2016,

attended by Queensland Premier, Annastacia Palaszczuk.

As such, it is proposed for Council to re-schedule the Ordinary meeting scheduled for

Wednesday, 10 February 2016, to Tuesday, 9 February 2016, to allow the correct level

of Council representatives to attend said meeting.

Section 277 of the Local Government Regulation 2012 requires notice to be given of

ordinary meeting dates via local newspaper, web-site, and public office notice board.

Any resolved change will be notified accordingly.

Caretaker period per section 90A of the Local Government Act 2009 commences on the

day when the public notice of the holding of the election is given. It is not known when

this notice will be given at this stage however could be expected during February 2016.

Consultation and Communication

Mayor, Councillors, Acting Chief Executive Officer and Directors

Resource Implications

There will be no additional resource implications for this meeting re-scheduling to

occur.

Risk Management Implications

Nil

Conclusion

The meeting on Wednesday, 10 February 2016, be re-scheduled for 10:00am, Tuesday,

9 February 2016, to allow for Council representatives attend the Bio Futures Cabinet

Committee Meeting on 10 February 2016.

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Officer's Recommendation

THAT:

1. Council's remaining Ordinary Meeting cycle for 2016 before the

Council elections consist of –

Wednesday 3 February 2016

Tuesday, 9 February 2016

with Tuesday, 9 February 2016 as the last meeting prior to the local

government election.

2. The necessary public advertisements occur accordingly.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Casey Seconded Cr Perkins

CARRIED

10.18 ATTENDANCE AT 2015 QANTAS AUSTRALIAN TOURISM

AWARDS

Author Acting Chief Executive Officer

Purpose

This report is to request that Council nominate a delegate to attend the ‘2015 Qantas

Australian Tourism Awards’ gala night to be held in Melbourne on Friday, 5 February

2016, to support Sarina Sugar Shed who are finalist in two categories (Tourism

Wineries, Distilleries and Breweries and Excellence in Food Tourism) as a result of

winning two gold Awards at the 2015 Queensland Tourism Awards.

Background/Discussion

Council is required to nominate its delegates to attend a range of government and

industry conferences/events and awards ceremonies throughout the year. These events

are attended by Councillors as part of their professional development and their

respective portfolios as an opportunity to gain insight into initiatives and projects as

well as represent Council and the Mackay region, which is beneficial to raising the

profile of, and progressing, the region.

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Consultation and Communication

Mayor and Councillors.

Resource Implications

Cost of attendance is catered for in the current budget.

Risk Management Implications

Nil

Conclusion

Attendance at the 2015 Qantas Australian Tourism Awards gala night is recommended.

Officer's Recommendation

THAT Council endorse Economic Development and Tourism Portfolio

Councillor Greg Martin's attendance at the 2015 Qantas Australian Tourism

Awards gala night to be held in Melbourne on Friday, 5 February 2016.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Steindl Seconded Cr Bonanno

CARRIED

11. CONSIDERATION OF COMMITTEE REPORTS:

Nil

12. RECEIPT OF PETITIONS:

Nil

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13. TENDERS:

13.1 MRC2016-026 STANDING OFFER ARRANGEMENT & SUPPLY

AND DELIVERY OF STEELS, PLATES & PIPES AND

ZINCANNEAL

File No MRC 2016-026 Preferred Supplier Arrangement for the Supply and

Delivery of Steels, Plates, Pipes and Zincanneal

Author Acting Manager Procurement and Plant

Purpose

To present to Council for approval tenders received for MRC 2016-026 Preferred

Supplier Arrangement for the Supply and Delivery of Steels, Plates, Pipes and

Zincanneal.

Background/Discussion

Preferred Supplier Arrangements have proved to be a cost-effective means of

purchasing whilst meeting required statutory obligations. They have also provided

competitive prices for Council.

Considerable delays to operational activities would be incurred if quotes were to be

obtained in each instance, as stipulated under the Local Government Regulation 2012.

In order to gain cost efficiency and competitive market rates due to the economies of

scale achieved by aggregating demand, Council issued the Request for Tender MRC

2016-026 Preferred Supplier Arrangement for the Supply and Delivery of Steels, Plates,

Pipes and Zincanneal.

The proposed commencement date for this contract is 1 February 2016, for a twenty-

four (24) month period, with a clause for rise and fall after each six (6) month period,

subject to Council’s approval on the presentation of supporting evidence.

Tenders were invited on 10 October 2015, via Queensland Government Qtender

website and advertised locally in the Daily Mercury, seeking submission from suitable

suppliers for the supply and delivery of Steels, Plates, Pipes and Zincanneal.

The following responses were received by the closing date of Tuesday 3 November

2015:

Tenderer Location

RM Young Enterprisers Pty Ltd ATF Robert M Young Family Trust

T/as Kynaston Engineering

Mackay

Southern Qld Steel Pty Ltd Mackay

Statewide Industries Pty Ltd Mackay

Steel Central Pty Ltd Mackay

An initial compliance check was conducted by the evaluation panel on 25 November

2015 to identify conforming submissions. This included compliance with contractual

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requirements and provision of requested information. All submissions were progressed

through to the qualitative criteria assessment.

The qualitative criteria assessment was carried out by the evaluation panel on 25

November 2015, with the evaluation panel scoring the tenders according to the

evaluation matrix.

All applicants were assessed against the qualitative selection criteria, as published

within the RFT. The weighting attributed to each qualitative criteria being:

Value for Money 90%

Local Availability 10%

The evaluation of the tender was conducted by:

Leading Hand Boilermaker Procurement and Plant

Small Engine Mechanic Procurement and Plant

Contracts Officer Procurement and Plant

Tender information requests were issued to all tenderers requesting they provide further

pricing for stainless steel products. All tenderers responded within the relevant

timeframes with responses being reviewed by the evaluation panel.

In evaluating the tenders received, value for money pricing was considered one of the

higher ranked factors along with the ability to supply a quality product when required.

It was determined that awarding the contract to a single supplier would be more cost

effective when including the administrative costs.

Consultation and Communication

Consultation was conducted between Procurement and Plant Warehouse and Workshop

staff prior to the Request for Tender being released

Resource Implications

The Preferred Supplier Arrangement – Steels, Plates, Pipes and Zincanneal products

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

$52,437.18 excluding GST for a twenty-four month period.

The total value of the last contract, based on the same usage figures, was $60,438.40

excluding GST, resulting in an approximate decrease of 15%. This decrease relates to a

reduction of prices over various items tendered

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Risk Management Implications

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:

Product Liability $20,000,000.00

Public Liability $20,000,000.00

Workcover As required by law

Conclusion

It is recommended that the contract for MRC 2016-026 Preferred Supplier Arrangement

for the Supply and Delivery of Steels, Plates & Pipes and Zincanneal for a two year (2)

period with provision of rise and fall after each six (6) months be awarded to the

Mackay local business Southern Qld Steel Pty Ltd.

Southern Qld Steel Pty Ltd submission represents the most advantageous outcome and

demonstrated value for money to Mackay Regional Council based on their

demonstrated previous experience providing products and services to Local

Government.

Officer's Recommendation

THAT Council award contract MRC 2016-026 Preferred Supplier Arrangement

for the Supply and Delivery of Steels, Plates & Pipes and Zincanneal

commencing 1 February 2016 for a two year (2) period with provision of rise and

fall after each six (6) months be awarded to Southern Qld Steel Pty Ltd.

Council Resolution

THAT the Officer’s Recommendation be adopted.

Moved Cr Walker Seconded Cr Jones

CARRIED

14. CONSIDERATION OF NOTIFIED MOTIONS

Nil

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15. LATE BUSINESS:

15.1 COUNCIL'S 2015 CHRISTMAS PRESENTATION

The Mayor presented cheques on behalf of Council to Gene Paterson and Darren Sekac

representing the Macrossan & Amiet Charitable Foundation and Erin Mulherin

representing the Mackay Community Foundation. Council's initiative to use electronic

Christmas cards for 2015 enabled all monies saved to be donated to the two

Foundations to assist the local community.

Gene and Erin thanked Council for their donation.

15.2 MIDGE POINT PROGRESS ASSOCIATION

Cr Casey advised himself and Crs Bonanno, Bonaventura and Jones along with the

Acting Director Engineering and Commercial Infrastructure and the Director of Client

and Community Services attended the recent Midge Point Progress Association

Meeting to discuss a number of matters including water quality. Cr Casey presented to

the Mayor a sample of the water quality on behalf of the Midge Point Progress

Association. The Acting Director of Engineering and Commercial Infrastructure was

able to advise the Progress Association Members the reason for the discolouration and

plans to address the issue.

15.3 2016 AUSTRALIA DAY

Crs Bonanno and Perkins wished to thank everyone involved with all of the events

organised and held throughout the region to celebrate Australia Day.

Cr Perkins congratulated all of the Australia Day Award winners and in particular

special note was made of two (2) Council Officers, Neil Kempe and John Zimmermann

for their Awards.

16. PUBLIC PARTICIPATION:

Nil

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17. CONFIDENTIAL REPORTS:

17.1 BLACKS BEACH COVE - TRUNK INFRASTRUCTURE FUNDING

- FINAL SETTLEMENT AGREEMENT

Confidential

Council Resolution

THAT Council resolve to settle trunk infrastructure matters at Blacks Beach Cove

Estate with Blacks Beach Cove No 1 Pty Ltd and Blacks Beach Cove No 2 Pty

Ltd through a formal infrastructure agreement based on a settlement of

$2,800,000.

Moved Cr Perkins Seconded Cr Casey

CARRIED

17.2 BEACONSFIELD HEIGHTS ESTATE - INFRASTRUCTURE

AGREEMENT

Confidential

Council Resolution

THAT Council endorses the Director Development Services' authority to exercise

his existing delegation (SPA67) to:

a) settle the Beaconsfield Heights Infrastructure Agreement on Council's

behalf;

b) endorse any changes to the draft infrastructure agreement and to execute the

Beaconsfield Heights Infrastructure Agreement on Council's behalf.

Moved Cr Perkins Seconded Cr Casey

CARRIED

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17.3 DRAFT AUDIT AND RISK ADVISORY COMMITTEE MINUTES -

4 DECEMBER 2015

Confidential

Council Resolution

THAT the attached Committee minutes be received.

Moved Cr Walker Seconded Cr Bonaventura

CARRIED

18. MEETING CLOSURE

The meeting closed at 10.36 am.

18. FOR INFORMATION ONLY

18.1 DEVELOPMENT APPLICATION INFORMATION - 07.12.15 TO

17.01.16

For Council Information Only - No Decision Required.

Development Applications Received

App No. Code /

Impact Address Applicant Description Officer

CAC-2012-341

Code 116 Shoal Point Road, BUCASIA

Pointglen Developments Pty Ltd

Request to Amend ICN - Combined Application - Material Change of Use (49 Multiple Dwelling Units/61 keys) & Reconfiguration of a Lot (3 Special Activities (Tourism) Lots into 49 Lots)

Brogan Jones

CAC-2016-2

Code 1-11 Silverton Court, PAGET

Ahrens Group Combined Application - Reconfiguration of a Lot - 1 Industrial Lot into 2 Lots and Material Change of Use - General Industry (Workshop)

Josephine McCann

MCUC-2011-180

Code 10 Symons Street, SOUTH MACKAY

Roger H Kaye Request to Extend Relevant Period (4 Years) - Multiple Dwelling Units (6)

Helle Jorgensen Smith

MCUC-2011-267

Code 323 Bridge Road, WEST MACKAY

Mackay Shopping Centre Pty Ltd

Request to Extend Relevant Period (4 Years) - Change of Development Approval - Motel (88 units inc. Managers Residence, Meeting Rooms & Restaurant to 96 Units)

Brogan Jones

MCUC-2015-159

Code 39 Paradise Street, SOUTH MACKAY

Titan Investments (Aust) Pty Ltd

Multiple Dwelling Units (5) Kathryn Goodman

MCUC-2016-1

Code 90752 Bruce Highway, SARINA

Louie P Keating Second House Helle Jorgensen Smith

MCUC-2016-3

Code 21-25 Dozer Drive, PAGET

JJ Richards & Sons Pty Ltd

General Industry and Transport Depot (Vehicle Depot, Workshop and Truck Wash)

Brogan Jones

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App No. Code / Impact

Address Applicant Description Officer

MCUCD-2005-292

Code 9-35 McIntyre Street, EAST MACKAY

Good Shepherd Lodge Ltd

Request to Consider Plans 'Generally in Accordance' - Material Change of Use - Accommodation Units (Good Shepherd Lodge - 23 Bedroom Hostel)

Helle Jorgensen Smith

ROLC-2015-185

Code 410 Eversleigh Road, ALLIGATOR CREEK

Kimberley R Heremia and Stephen T Heremia

1 Rural Residential into 2 Lots Josephine McCann

ROLC-2015-186

Code 9 Waddells Road, RICHMOND

Ricky F Baretta Boundary Realignment - 2 Rural Lots into 2 Lots

Josephine McCann

ROLC-2015-188

Code 10094 Bruce Highway, BLOOMSBURY

Whitsunday Barramundi Hatchery

Boundary Realignment - 3 Rural lots into 3 lots

Brogan Jones

Development Applications Entering Decision Making Period

App No.

Code / Impact

Address Applicant Description Officer

CAC-2012-341A

Code 116 Shoal Point Road BUCASIA

Pointglen Developments Pty Ltd

Request to Amend ICN - Combined Application - Material Change of Use (49 Multiple Dwelling Units/61 keys) & Reconfiguration of a Lot (3 Special Activities (Tourism) Lots into 49 Lots)

Brogan Jones

CAC-2015-8

Code 0 East Point Drive MACKAY HARBOUR

Eastpoint Mackay Pty Ltd

Development Permit:- Reconfiguration of a Lot - 2 Lots into 162 Lots (154 Residential Lots + 1 Tourist Hub lot + 2 Tourist Accommodation Lots + 2 Local Community Centre Lots + 2 Open Space Lots + 1 balance lot) - Material Change of Use - Caravan Park (238 sites)- Material Change of Use - Dwelling Houses (154 Dwellings) Preliminary Approval:- Reconfiguration of a Lot - 235 lots (231 Residential lots + 2 Open Space lots + 2 Tourist hub lots) - Material Change of Use - Motel Units (100 units) - Material Change of Use - Multiple Dwelling Units (175 units) - Material Change of Use - Catering Store (2000m2 GFA)

Shane Kleve

MCUC-2011-180A

Code 10 Symons Street SOUTH MACKAY

Roger H Kaye Request to Extend Relevant Period (4 Years) - Multiple Dwelling Units (6)

Helle Jorgensen Smith

MCUC-2015-165

Code 7 Greenfields Boulevard MOUNT PLEASANT

Mackay Property Group Pty Ltd

Retail Showrooms, Indoor Entertainment (Gym) and Catering Shop (Cafe)

Kathryn Goodman

MCUC-2015-168

Code 565 Mackay-Eungella Road PLEYSTOWE

KGB Pilots and Freight

Home Based Business (Office) Josephine McCann

MCUC-2015-169

Code 0 Industroplex Drive PAGET

Hastings Deering (Australia) Ltd

General Industry (Hardstand Storage) Brogan Jones

MCUI-2015-129

Code 6 Sichter Street SARINA

Gail Westcott Home Based Business (Hairdresser) Helle Jorgensen Smith

MCUI-2015-97

Impact 85 Hendys Road BRIGHTLY

BRW Transport and Quarries Pty Ltd

Extractive Industry (Quarry) and Ancillary Activities and ERA 16 Extractive and Screening Activities

Kathryn Goodman

ROLC-2015-163

Code 93278 Bruce Highway CHELONA

Mackay Surveys Pty Ltd

Boundary Realignment (3 Rural lots into 3 lots) Josephine McCann

ROLC-2015-185

Code 410 Eversleigh Road ALLIGATOR CREEK

Kimberley R Heremia and Stephen T Heremia

1 Rural Residential into 2 Lots Josephine McCann

ROLC- Code 10094 Bruce Whitsunday Boundary Realignment - 3 Rural lots into 3 lots Brogan

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App No.

Code / Impact

Address Applicant Description Officer

2015-188

Highway BLOOMSBURY

Barramundi Hatchery

Jones

Development Applications Finalised

App No. Code /

Impact Address Applicant Description Officer

Relevant Period Extended

CAC-ASPA-2011/151B

Code 323 Bridge Road WEST MACKAY QLD 4740

Mackay Shopping Centre Pty Ltd

Permissible Change - Request to Extend Relevant Period (4 years) Health Care Centre and Boundary Realignment - 3 Lots into 3 Lots

Brogan Jones

MCUC-ASPA-2010/122B

Code 684 Armstrong Beach Road ARMSTRONG BEACH QLD 4737

Kim H Hansen Permissible Change - Extension of Relevant Period - Commercial Premises (Local Store)

Josephine McCann

MCUC-ASPA-2011/167A

Code 362 Bridge Road WEST MACKAY QLD 4740

Nindaroo Investments Pty Ltd

Permissible Change - Extension of Relevant Period - Catering Shop, Commercial Premises, Multiple Dwelling Units, Shop

Kathryn Goodman

MCUCD-IDAS-2008/141B

Code 180 Shoal Point Road SHOAL POINT QLD 4750

Charter Capital Pty Ltd

Request to Extend Relevant Period (4 Years) - Material Change of Use - 62 Multiple Dwelling Units (including 9 potential dual key units) with a total yield of 71 units and common Property

Brogan Jones

MCUCD-IDAS-2008/776B

Code 44-52 Victoria Street MACKAY QLD 4740

M Construct Pty Ltd

Request to Extend Relevant Period - 72 Multiple Dwelling Units and Shop/Catering Shop/Commercial Premises

Shane Kleve

ROLC-ASPA-2012/22D

Code 152-156 Shoal Point Road SHOAL POINT QLD 4750

Link Project Solutions

Request to Extend Relevant Period (4 Years) - 1 Urban Residential & 1 Higher Density Residential Lot into 20 Lots plus Access Easement - The Retreat

Josephine McCann

Approved Subject to Conditions

MCUC-ASPA-2015/138

Code 19 Carl Street RURAL VIEW QLD 4740

Steven C Williams

Service Station (Car Wash) Helle Jorgensen Smith

MCUC-ASPA-2015/164

Code 14 Sturt Crescent ERAKALA QLD 4740

Andrew R Kreyts Carport Helle Jorgensen Smith

MCUC-ASPA-2015/172

Code 10 John Vella Drive PAGET QLD 4740

John K Haber and Kevin A Haber and Jan M Deguara

Transport Depot Brogan Jones

MCUC-ASPA-2015/174

Code 99-103 Maggiolo Drive PAGET QLD 4740

Bill Barber Design and Drafting

General Industry Brogan Jones

MCUC-ASPA-2015/182

Code 5 Coral Ridge Drive EIMEO QLD 4740

Richard O Mills and Linda M Mills

Residential Storage Shed Brogan Jones

MCUC-ASPA-2015/184

Code Securities Lease 2899 Loughnane Court NORTH MACKAY QLD 4740

HTM Community Transport Inc.

Extension to Local Community Facility Brogan Jones

MCUCD-IDAS-2008/776C

Code 44-52 Victoria Street MACKAY QLD 4740

M Construct Pty Ltd

Request to Change Development Approval - 50 Multiple Dwelling Units and Shops

Brogan Jones

MCUCOM-ASPA-2015/178

28 Vaucluse Crescent EAST MACKAY QLD 4740

Homes R Us QLD Dual Occupancy Shane Kleve

MCUCOM-ASPA-

30 Vaucluse Crescent EAST MACKAY QLD

Homes R Us QLD Dual Occupancy Shane Kleve

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App No. Code / Impact

Address Applicant Description Officer

Relevant Period Extended

2015/179 4740

MCUCOM-ASPA-2015/180

32 Vaucluse Crescent EAST MACKAY QLD 4740

Homes R Us QLD Dual Occupancy Shane Kleve

MCUI-ASPA-2015/123

Impact 233 Holts Road GLENELLA QLD 4740

Glenn J Cain Undefined Use (Temporary Recycling Facility for mobile and static crushing and screening of more than 5,000 tonnes of clean earthen material (including concrete, bricks and tiles) per year for subsequent sale and reuse) and ERA 33 (Crushing, Milling, Grinding and Screening)

Helle Jorgensen Smith

MCUI-ASPA-2015/147

Impact 91 George Street WEST MACKAY QLD 4740

Blue Care North Queensland Region

Hospital (Staged Redevelopment of Homefield Residential Aged Care Facility)

Josephine McCann

MCUI-ASPA-2015/61

Impact 35 Armstrong Beach Road ARMSTRONG BEACH QLD 4737

Escape Homes & Developments Pty Ltd

Multiple Dwelling Units (2 Dual Occupancies)

Helle Jorgensen Smith

MCUIMP-IDAS-2002/85D

Impact 17 Holts Road BEACONSFIELD QLD 4740

Australasian Conference Association Ltd

Permissible Change - Change of Conditions - to establish a private school in stages. Stage 1 to be preliminary approval - balance of stages - development permit.

Brogan Jones

ROLC-ASPA-2015/120

Code L 8 Mia Mia Connection Road MIA MIA QLD 4754

Peter H Merrick Boundary Realignment - 3 Rural Lots into 3 Lots

Kathryn Goodman

ROLC-ASPA-2015/128

Code L 13 Boundary Road PAGET QLD 4740

Aurizon Operations Limited

1 Public Purpose Lot into 2 Lots Helle Jorgensen Smith

ROLC-ASPA-2015/132

Code L 1 Marwood-Sunnyside Road SUNNYSIDE QLD 4737

Melkriliam Investments Pty Ltd and TGB Investments

Boundary Realignment - 2 Rural Lots into 2 Lots

Helle Jorgensen Smith

ROLC-ASPA-2015/145

Code 1 Denman Avenue SHOAL POINT QLD 4750

Seawave Investments Pty Ltd

Access and Services Easement Helle Jorgensen Smith

ROLC-ASPA-2015/171

Code 37 Novar Court SOUTH MACKAY QLD 4740

Ricky J Moore 1 Urban Residential Lots into 2 Lots Helle Jorgensen Smith

ROLC-ASPA-2015/173

Code 6 Rural View Drive RURAL VIEW QLD 4740

Keith D Kelly and Linda J Kelly

1 Rural Residential into 2 Lots Josephine McCann

ROLC-ASPA-2015/186

Code 9 Waddells Road RICHMOND QLD 4740

Ricky F Baretta Boundary Realignment - 2 Rural Lots into 2 Lots

Josephine McCann

Generally in Accordance With

MCUCD-IDAS-2005/292B

Code 9-35 McIntyre Street EAST MACKAY QLD 4740

Good Shepherd Lodge Ltd

Request to Consider Plans 'Generally in Accordance' - Material Change of Use - Accommodation Units (Good Shepherd Lodge - 23 Bedroom Hostel)

Helle Jorgensen Smith

Confirmed on Wednesday 3 February 2016

………………………………………

MAYOR

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APPENDIX / ATTACHMENTS

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