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FINAL MINUTES 2 November 2011

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FINAL MINUTES

2 November 2011

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18734

Table of Contents

Folio Date Particulars 18735 02.11.2011 Ordinary Meeting Minutes 18747 30.10.2011 Engineering Services Highlights & Significant Issues for

September 2011 18774 06.10.2011 Minutes - City Focus Advisory Committee 18777 13.10.2011 Minutes - Rural Affairs Advisory Committee

Declaration of Potential Conflict of Interest

Nil

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18735

ORDINARY MEETING MINUTES

1. ATTENDANCE:

His Worship the Mayor, Cr C Meng (Chairperson), Crs D E Camilleri, D T Comerford, P F Steindl, W A Cameron, G R Thomsen, D J Perkins, D R Hatfield, K J Casey, K L May and R D Walker were in attendance at the commencement of the meeting. Also present was Mr P Franks (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).

The meeting commenced at 10.00 am.

2. OPENING PRAYER:

Pastor Dave Drage led those present in Prayer.

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

Nil

5. CONDOLENCES:

Nil

6. CONFIRMATION OF MINUTES:

6.1 ORDINARY MEETING MINUTES 26 OCTOBER 2011

THAT the Minutes of the Ordinary Meeting held on 26 October 2011 be confirmed.

Moved Cr Comerford Seconded Cr Cameron

CARRIED

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18736

7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

8. MAYORAL MINUTES:

Nil

9. CORRESPONDENCE AND OFFICERS’ REPORTS:

9.1 ENGINEERING SERVICES HIGHLIGHTS AND SIGNIFICANT ISSUES FOR SEPTEMBER 2011

Author Director Engineering Services

Purpose

The Engineering Services Highlights and Significant Issues Report for September 2011 is attached for information purposes.

Officer's Recommendation

THAT this report be received. Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Walker

CARRIED

9.2 CESSATION OF THE SARINA BEACH BUS SERVICE FOLLOWING THE REFUSAL OF STATE GOVERNMENT FUNDING

Author Director Community Services

Purpose

To seek Council’s approval to commence public notification of the cessation of the Sarina Beach Bus Service from 31 December 2011 following advice from the State Government that they will not continue to fund this piece of the public transport network.

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18737

Background/Discussion

The Sarina Beaches Bus Service was initiated after increased community demand for public transport services to the Sarina beaches areas. The existing public transport link to the region’s service centre – Mackay – was restricted to twice weekly shopping services on Tuesday’s and Friday’s and a workers service leaving Sarina at 7.00am and returning from Mackay at 5.20pm from Monday to Friday. The area’s seaside communities had no public transport at all. As a result of community demand, Mackay Regional Council formed the Sarina Transport Committee which included three Councillors, and representatives from Queensland Health, HACC, Sarina Hospital, Commonwealth Respite, Mackay Taxis, MRCSD, Community Housing and Queensland Transport. An October 2008 public transport needs survey conducted by the committee highlighted: The community's need for the public transport services to increase liveability and

allow access to health, recreation facilities and the major shopping centre the city of Mackay has to offer;

The willingness of the local community to embrace the public transport services made available through this project.

The Sarina beaches required reliable public transport arrangements to prevent isolation issues and increasing disadvantage of significant sections of the community, particularly the elderly, pensioners and children.

As such, Mackay Regional Council applied for and received funding for the Sarina Beaches Bus Service through Blueprint for the Bush funding to operate for two years. The State Government funding for the service commenced in June 2009 and funding expired in June 2011. Funding for public transport is the responsibility of the State Government and in May 2011 approaches were made via a meeting and follow up letter to the Minister for Transport and Multicultural Affairs seeking a commitment from the State to continue the operation of the service beyond the expiry of the initial State Government funding in June 2011. A copy of the letter to the Minister is attached. In order to allow some time for the Minister and Queensland Transport to consider that request Mackay Regional Council, through its Public and Community Transport Action Advisory committee, which is led by Cr's May and Hatfield, sought alternative methods of funding to allow the service to the community to continue.

The committee lobbied for additional funding and to date has received commitments of approximately $30,000 from Dalrymple Bay Coal Terminal and QR National to keep the service operating until December 2011. An additional funding application was also submitted to the State Government’s Blueprint for the Bush funding program to assist with advertising of the service. Based on the sponsorship funding received from Dalrymple Bay Coal Terminal and QR National the contractor operating was advised in late June that his contract was being extended until 31 December 2011 while we awaited the State Government’s decision on long term funding for this public transport route.

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18738

Council received advice on 29 September 2011, copy attached, that its application for additional Blueprint for the Bush funding from the State Government had been refused.

On 5 October 2011 Council received a response from the Minister for Transport and Multiculturalism that advised that while the Minister’s Department had investigated opportunities for expanding services in the Sarina Beaches area it was not a priority area for the Department of Transport and that public transport funding would not be provided to continue the service. Copy of letter is attached.

While it is extremely regrettable given the community impacts and significant numbers of people using the service, Council has no funding allocated, or responsibility to provide public transport services and the service will cease on 31 December unless the State Government decides to provide additional funding.

Consultation and Communication

Consultation has occurred with the State Government and relevant Council programs. The purpose of this report is to obtain Council approval to notify the public of the cessation of this service. This will be done through a number of methods including but not restricted to media releases, Council Connect and in electronic newsletters.

Resource Implications

The cost of this notification can be catered for within existing budgets and is not expected to exceed $1 000.

Risk Management Implications

The provision of Public Transport Services is a State Government responsibility and Council has no responsibility in this regard other than playing a major role in advocating for improved public transport services across the region. For Council and hence the community at large to continue the service and effectively pick up the State’s long held responsibility for providing a public transport service would expose Council to unbudgeted-for and uncertain and escalating costs and would potentially open it up to expectations from other communities within the region who are also lacking a service from the State Government.

Conclusion

Given the State Government’s refusal to continue founding the Sarina Beaches Bus Service the only option open to Council is to advice the contractor that the service will cease from 31 December 2011. This decision will need to be communicated to regular users on the bus as well as through the local media to advice those who use the service on an infrequent basis.

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18739

Officer's Recommendation

THAT Council advise Bus Fox Pty Ltd that the State Government has declined to continue funding for the Sarina Beaches Bus Service and that the contract will not be renewed beyond 31 December 2011, and further; AND THAT this decision be communicated to regular users of the service and the community in Sarina.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr May Seconded Cr Steindl

CARRIED

10. CONSIDERATION OF COMMITTEE REPORTS:

10.1 DRAFT MINUTES CITY FOCUS ADVISORY COMMITTEE

Author Manager Economic Development

Purpose

Attached is a copy of the draft minutes of the City Focus Advisory Committee meeting held 6 October 2011, for information purposes and consideration of recommendations. Advisory Committee's Recommendations THAT Council is requested to consider an exit strategy for the Sunday Victoria Street markets.

Officer's Recommendation

THAT the minutes be received.

AND THAT in line with the City Focus Advisory Committee recommendation, Council cease operating the Sunday City Centre Markets at Christmas 2011 and will not re-open the Sunday Markets in the New Year.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Perkins Seconded Cr Walker

CARRIED

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18740

10.2 DRAFT MINUTES RURAL AFFAIRS ADVISORY COMMITTEE

Author Director Community Services

Purpose

Attached is a copy of the draft Rural Affairs Advisory Committee minutes of 13 October 2011 for information purposes.

Officer's Recommendation

THAT the minutes be received.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Cameron Seconded Cr Walker

CARRIED

11. RECEIPT OF PETITIONS:

Nil

12. TENDERS:

12.1 MRC 2012-006 - SUPPLY AND DELIVERY OF ROAD MARKING PAINT AND MATERIAL

File No MRC 2012-006 Author Manager Procurement & Plant

Purpose

To present to Council for approval tenders received for the Supply and Delivery of Road Marking Paint and Materials in order to compliment Councils Preferred Supplier Arrangements.

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.

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18741

The current Preferred Supplier Arrangement expires on 30 November 2011. The proposed commencement date for this contract is 1 December 2011, for a twenty-four (24) month period, with a clause for rise and fall after each 6 month period. Three (3) tenders for Contract MRC 2012-006 were received by 2.30 pm on Tuesday 4 October 2011. They were from Apco Coatings, Ennis Traffic Safety Solutions and PPG Industries Australia Pty Ltd. None of these suppliers have a local outlet in Mackay. Eleven (11) items were called as part of this Preferred Supplier Arrangement. The offers received were as follows:

Apco Coatings tendered on all the items and were cheapest on five (5) items; Ennis Traffic Safety Solutions tendered on eight (8) items and were cheapest on no

items; and PPG Industries Australia Pty Ltd tendered on seven (7) items and were cheapest on six

(6) items. 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 decided to award all the paint to one supplier to for ease of ordering and contract administration. As Apco were the only supplier who offered prices on the sundry items, they were requested to advise if they would supply these items only. Their response was that they would not be prepared to supply these sundry items as the freight component would make it unprofitable. PPG Industries have been a supplier of these items in the past and we were satisfied with their products and service level.

Consultation and Communication

The evaluation of the tenders was undertaken by Supply Co-ordinator and the Supervisor Roads and Drainage.

Resource Implications

The total value of this Contract MRC 2012-006, if awarded as recommended is approximately $42,840.00 excluding GST for the two (2) year period based on the estimated annual usage. The total value of previous contract based on the same usage figures was $40,680.00 excluding GST. This is approximately a 2.8% increase on the last contract prices.

Risk Management Implications

Nil

Conclusion

It is recommended that this Preferred Supplier Arrangement MRC 2012-006 Supply and Delivery of Road Marking Paint and Materials for a two year (2) period with provision of rise and fall after each six (6) months be awarded to PPG Industries Australia Pty Ltd for the paint and that quotations be called for the four (4) sundry items.

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18742

Officer's Recommendation

THAT Preferred Supplier Arrangement MRC 2012-006 Supply and Delivery of Road Marking Paint and Materials for a two year (2) period with provision of rise and fall after each six (6) months be awarded to PPG Industries Australia Pty Ltd for the paint and that quotations be called for the four (4) sundry items.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Camilleri

CARRIED

13. CONSIDERATION OF NOTIFIED MOTIONS

Nil

14. LATE BUSINESS:

14.1 LEAVE OF ABSENCE - CR PERKINS

THAT Cr Perkins is granted leave of absence for the Meeting on 9 November 2011 to attend the Revitalise! Sister City Conference in Brisbane.

Moved Cr Perkins Seconded Cr Steindl

CARRIED

14.2 OORALEA LOCAL PLAN

Cr Hatfield advised that the Ooralea Local Plan was being released today and is open for public comment and feedback. The Ooralea Local Plan can be viewed in the Reception Room at Mackay Regional Council's main administration building on Gordon Street or via the Mackay Regional Council's website.

15. PUBLIC PARTICIPATION:

Nil

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18743

16. CONFIDENTIAL REPORTS:

16.1 PLANNING AND ENVIRONMENT COURT APPEAL NO 4027 OF 2011 - BUNNINGS GROUP LIMITED - LOT 2 HOLTS ROAD, RICHMOND (141692-002-DA-2009-469)

Council Recommendation

THAT the Chief Executive Officer and Director of Development Services be delegated to; A. Retain legal representation and appropriate experts as required. B. Settle the appeal in consultation with the Mayor and/or Planning Portfolio

Councillor should an acceptable solution arise. Moved Cr Steindl Seconded Cr Walker

CARRIED

16.2 SALE OF LAND FOR ARREARS OF RATES

Council Recommendation

THAT sale action under Section 95 of the Local Government Act 2009 & Section 74 of the Local Government (Finance, Plans and Reporting) Regulation 2010 be approved to recover overdue rates on the following assessments:

1. Assessment #8057-2 2. Assessment #9367-4 3. Assessment #9916-8 4. Assessment #10117-0 5. Assessment #16635-5 6. Assessment #19701-2 7. Assessment #20243-2 8. Assessment #21823-0 9. Assessment #22104-4 10. Assessment #24204-0 11. Assessment #30624-1 12. Assessment #32484-8 13. Assessment #40981-3 14. Assessment #40982-1 15. Assessment #41406-0 16. Assessment #42435-8 17. Assessment #45733-3 18. Assessment #46890-0

Moved Cr Perkins Seconded Cr Camilleri

CARRIED

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18744

17. MEETING CLOSURE

The meeting closed at 10.27 am.

18. FOR INFORMATION ONLY

18.1 DEVELOPMENT APPLICATION INFORMATION - 17.10.11 TO 23.10.11

For Council Information Only - No Decision Required. Development Application Received.

App no Code/

Impact Address Applicant Description Officer

CON-2011-243

36 Macartney Drive, MARIAN

Cameron G Skippen Building Work - Boundary Setback for Shed

Kathryn Goodman

ROLC-2011-42

Code 239 Nebo Road, MACKAY Nebo Road Pty Ltd 2 Public Purposes Lots into 4 Lots

Simon Halcrow

CON-2011-244

L 1 Bergmans Road, GREENMOUNT

Mackay and Whitsunday Building Certification

Amenity & Aesthetics

CON-2011-245

56 Bedford Road, ANDERGROVE

Mackay and Whitsunday Building Certification

Amenity & Aesthetics (Removal & Rebuild Structure)

MCUI-2011-277

Impact L 54 Anzac Parade, FINCH HATTON

Department of Community Safety

Special Purpose (Rural Fire Brigade Shed)

MCUC-2011-271

Code 46/52 Downie Avenue, BUCASIA

Total Communications Infrastructure

Telecommunication Facility

Darryl Bibay

MCUC-2011-272

Code 7 Macarthur Street, SOUTH MACKAY

Mackay Regional Council

Multiple Dwelling Units (3)

CON-2011-238

5 Poulsen Drive, MARIAN John A Micallef Building Work - Boundary Setback for Shed and non-compliance with Planning Scheme

Kathryn Goodman

CON-2011-241

480 Mezzens Road, SUNNYSIDE

Building Certification Consultants

Amenity & Aesthetics Bruce Lenahan

MCUC-2011-273

Code L 2 Kuttabul Mount Jukes Road, MOUNT JUKES

Leanne E Vella and Richard C Vella

Dwelling House (Steep Land Overlay)

Matthew Ingram

CON-2011-240

12 Rutland Place, MARIAN

Phillip G Tosh and Fiona M Tosh

Building Work - Boundary Setback for Shed

Kathryn Goodman

CON-2011-239

69 Canecutters Drive, OORALEA

Gemini Homes (QLD) Pty Ltd

Building Work - Boundary Setback for House

Andrea McPherson

ROLC-2011-274

Code 9 Pratt Street, SOUTH MACKAY

Matthew I Perkins 1 Urban Residential Lots into 2 Urban Residential Lots.

Josephine McCann

MCUI-2011-275

Impact 28 Brooksfield Drive, SARINA BEACH

River City Homes (Mackay) Pty Ltd

Dual Occupancy Simon Halcrow

CON-2011-242

23 Newport Parade, BLACKS BEACH

Development Certification

Building Work - Boundary Setback for House

Darryl Bibay

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18745

Development Applications Entering Decision Making Period.

App Number

Code/ Impact

Address Applicant Description Primary Officer

CAI-2011-146

IMP 42 Hoey Street EAST MACKAY

Paul G Shaw Boundary Realignment 2 Urban Residential Lots into 2 Lots, 1 Urban Residential Lot into 5 Urban Residential Lots and Multiple Dwelling Units (4)

Josephine McCann

MCUC-2011-227

CODE 217 Farrellys Road PAGET Anderson Industries (Aust) Pty Ltd

Transport Depot Matthew Ingram

MCUC-2011-240

CODE 18 Dozer Drive PAGET Alamode Developments Pty Ltd

General Industry (Coal Testing)

Matthew Ingram

MCUC-2011-252

CODE 18 Kate Street EAST MACKAY

Higgins Investment Trust

Dwelling Houses (Flood and Inundation Management Overlay, Residential Character) Site Coverage and Boundary Setback Relaxations

Kathryn Goodman

MCUC-2011-257

CODE 3 Rosewood Drive RURAL VIEW

Spice King Pty Ltd Catering Shop Darryl Bibay

Development Applications Finalised.

App No Code/ Impact

Location Applicant Description Officer

Approved Subject to Conditions

CON-ASPA-2011/230

24 Trinity Parade BLACKS BEACH QLD 4740

Michael Ross Certification Pty Ltd

Building Work - Boundary Setback for House

Andrea McPherson

CON-ASPA-2011/231

15 Prudhoe Street EAST MACKAY QLD 4740

Graeme T Williams Building Work - Boundary Setback for Garage/Carport

Andrea McPherson

MCUC-ASPA-2011/254

Code 16 Rural View Drive RURAL VIEW QLD 4740

Development Certification

Residential Storage Shed Andrea McPherson

MCUC-ASPA-2011/245

Code 24 O'Flynn Crescent MIDGE POINT QLD 4799

Sunstate Garages & Sheds

Residential Storage Shed Darryl Bibay

CON-ASPA-2011/227

6 Yatay Street RURAL VIEW QLD 4740

Robert Smith Building Work - Boundary Setback for House

Josephine McCann

MCUI-ASPA-2011/172

Impact 32 Atkinson Street EAST MACKAY QLD 4740

Peter T Mason Multiple Dwelling Units (5) Josephine McCann

CON-ASPA-2011/232

486 Anzac Avenue MARIAN QLD 4753

Mackay and Whitsunday Building Certification

Building Work - Boundary Setback for Shed

Kathryn Goodman

CON-ASPA-2011/224

7 Cartledge Court NORTH MACKAY QLD 4740

ABD Designs Pty Ltd Building Work - Boundary Setback for House & Shed

Matthew Ingram

CON-ASPA-2011/229

36 Bradman Drive GLENELLA QLD 4740

Russell J Gunning Building Work - Boundary Setback for Shed

Matthew Ingram

MCUC-ASPA-2011/259

Code 13 Sapphire Court NORTH MACKAY QLD 4740

Stephen W Finlay Dwelling House (Flood and Inundation Overlay)

Simon Halcrow

Approved

CON-ASPA-2011/228

522 Owens Creek Loop Road OWENS CREEK QLD 4741

Elizabeth A Nash and Glenn E Nash

Amenity & Aesthetics Bruce Lenahan

Relevant Period Extended

FINAL MINUTES WEDNESDAY 2 NOVEMBER 2011

MIN/02.11.2011 FOLIO 18746

App No Code/ Impact

Location Applicant Description Officer

MCUCD-IDAS-2007/30A

Code 46 Beaconsfield Road BEACONSFIELD QLD 4740

Macthom3 Holdings Pty Ltd

Extension to Concurrency Period - 5 x Multiple Dwelling Units

Darryl Bibay

Negotiated Decision

ROLC-ASPA-2011/127

Code 24 Macs Truckstop Service Road BALBERRA QLD 4740

Allan E Bradford 4 Rural Lots into 4 Lots via Boundary Realignment

Josephine McCann

Application Withdrawn

CON-ASPA-2011/234

32 Cordia Street RURAL VIEW QLD 4740

Vandalay Constructions Pty Ltd

Building Work - Boundary Setback for House

Sarah Elding

Confirmed on 9 November 2011 ………………………………………

MAYOR

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