minutes - cassowary coast region€¦ · 17-01-2013 · (refer attached letter from tully district...

LOCAL GOVERNMENT MEETING

17 January 2013

MINUTES

Cr Bill Shannon

Cr Glenn Raleigh

Cr Bryce Macdonald

Cr Alister Pike

Cr Mark Nolan

Cr Ian Rule

Cr Kylie Farinelli

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

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

Terry Brennan CHIEF EXECUTIVE OFFICER

MINUTES 10.00am – 10.30am Morning Tea

12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES ............................................................................................. 2 1.1 Confirmation of Minutes of Local Government Meeting, 13 December 2012 ............... 2

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

3. BUSINESS FROM PREVIOUS MINUTES ............................................................................. 2

4. MANAGEMENT ..................................................................................................................... 3 4.1 2012 Local Government Remuneration & Discipline Tribunal Report .......................... 3

5. WORKS ................................................................................................................................. 4 5.1 Design and Construct of Four Bridges - Tender 1213-016 .......................................... 4

5.2 Works Capital Report - December 2012 ..................................................................... 4

6. COMMUNITY ......................................................................................................................... 5 6.1 Naming of Tully Cricket Grounds ................................................................................ 5

6.2 Mundoo Aerodrome Master Plan - Selection of Consultant ......................................... 5

7. PLANNING & ENVIRONMENT .............................................................................................. 6 7.1 Lot 413 on NR6178 - Application for Conversion of Term Lease 233242 to Freehold . 6

7.2 Request to re-open temporarily closed road - part of Dodds Road adjacent to Lot 2 RP735398 and Lot 2 RP729442 ............................................................................................ 7

7.3 DA083/12J - Material Change of Use for a Telecommunications Facility at Sundown Road, Sundown..................................................................................................................... 8

7.4 DA015/12C - Development Application for a Material Change of Use for a Light Industry (Sheet Metal Fabrication) at Old Tully Road, Birkalla ............................................. 10

8. CORPORATE ...................................................................................................................... 15 8.1 Mena Creek Rural Fire Brigade - Fire Levy .............................................................. 15

8.2 Survey of Residents Regarding Fluoride - Innisfail Water Supply ............................. 15

8.3 Financial Statement for period 1 July 2012 to 31 December 2012 ............................ 17

9. NOTICE OF MOTION........................................................................................................... 18 9.1 Notice of Motion - Request for funding assistance .................................................... 18

10. GENERAL BUSINESS ......................................................................................................... 18 10.1 Kennedy Esplanade, South Mission Beach .............................................................. 18

10.2 Dunk Island Resort ................................................................................................... 18

10.3 Request for workshop to clarify funding for marine facilities ...................................... 19

10.4 Flying Fish Point Rock Wall ...................................................................................... 19

10.5 Inundation of Flying Foxes in Cardwell ..................................................................... 19

10.6 Innisfail Estate Sewerage ......................................................................................... 19

10.7 Port Hinchinbrook ..................................................................................................... 19

11. CONFIDENTIAL ................................................................................................................... 21 11.1 2012 Performance Review of Chief Executive Officer ............................................... 21

Minutes – CCRC Local Government Meeting 17 January 2013

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PRESENT: Crs B Shannon (Mayor), B Macdonald (Deputy Mayor), G Raleigh, A Pike, M Nolan, I Rule and Mr T Brennan (Chief Executive Officer), Mr P Cochrane (Director Corporate Services), Mr J W Pettigrew (Director Planning & Environmental Services), Mr D Trotter (Director Works), Ms J Murphy (Director Community Services), Ms J Lightfoot (Communications Officer) and Ms J Cooksley (Minutes Clerk). APOLOGIES: Cr K Farinelli

1. CONFIRMATION OF MINUTES

1.1 Confirmation of Minutes of Local Government Meeting, 13 December 2012

Recommendation:

“That the Minutes of the Local Government Meeting held on 13 December 2012 be confirmed as a true and correct record.” Moved Cr I Rule Seconded Cr A Pike Resolution Number 0232 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

2. RECEIPT OF MINUTES

Nil

3. BUSINESS FROM PREVIOUS MINUTES

Nil


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4. MANAGEMENT

4.1 2012 Local Government Remuneration & Discipline Tribunal Report Executive Summary:

The Local Government Discipline & Remuneration Tribunal has recently issued its 2012 Report, which includes its Remuneration Determination for 2013. The Tribunal has not made any changes to the structure that it uses to assign Local Governments to a category for remuneration purposes. The Cassowary Coast Regional Council is a Category 4 local government under the Remuneration Schedule. The Remuneration Schedule prepared and published by the Tribunal must be adopted by Local Governments and there is no discretion to adopt any other outcome. The Tribunal has determined that remuneration levels for Local Government elected representatives should increase by 2.5% from 1 January 2013. As a result of recent amendments to the Local Government Act and Regulations it will not be necessary to adopt the Remuneration Schedule each year, with future increases being linked to movements in the annual base salary payable to a Member of the Queensland Legislative Assembly (MP). This is the reference rate used by the Tribunal to determine the remuneration levels that apply for the different categories in the Remuneration Schedule. Recommendation:

“That in accordance with the requirements of Local Government Act and Regulations Council adopt the Remuneration Schedule published by the Local Government Remuneration Tribunal for the 2013 year and pay the following amounts to the Mayor, Deputy Mayor and Councillors effective from 1 January 2013:

Mayor $112,462 per annum;

Deputy Mayor $70,289 per annum; and

Councillors $59,746 per annum Further, the Mayor, Deputy Mayor and Councillors be entitled to superannuation contributions in accordance with the provisions of Section 226 of the Local Government Act 2009”.

Moved Cr B Macdonald Seconded Cr A Pike Resolution Number 0233 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 9.20am Ms A Nugent (Manager Strategic Planning) and Mr S Basnayake (Economic Development Officer) entered the meeting.


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5. WORKS

5.1 Design and Construct of Four Bridges - Tender 1213-016 Executive Summary:

This report was prepared based on the tender assessment prepared for Council by Council officers. The report contains a summary of the detailed assessment of the tenderers prepared for the project for the design and Construction of 4 bridges with two tendered alternatives as follows: Alternative A Zonta Road Bridge Single Lane Bridge Ronlund Road Single Lane Bridge Rinaudo Road Single Lane Bridge Midgeree Bar Single Lane Bridge Alternative B Zonta Road Bridge Single Lane Bridge Ronlund Road Single Lane Bridge Rinaudo Road Two Lane Bridge Midgeree Bar Single Lane Bridge Recommendation:

"That the conforming tender submitted by King Concreting, in consideration of the assessment criteria and references provided and being the most advantageous to Council, be accepted for the tendered amount of $1,886,159.00 (excl. GST) for the Design and Construction of 4 Bridges and associated works for Separable Portion B, in respect of Tender No. 1213-016: Design and Construction of 4 Bridges."

Moved Cr I Rule Seconded Cr A Pike Resolution Number 0234 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

5.2 Works Capital Report - December 2012

Executive Summary:

The Works Department has adopted its capital works program for the 2012-13 financial year. The status of individual projects is reported monthly.

Recommendation:

“That Council receive the report and acknowledge the status of Capital Works projects managed by the Works Department.”

Moved Cr I Rule Seconded Cr B Macdonald

Resolution Number 0235

"That the Recommendation be adopted."

FOR VOTE - Unanimous CARRIED


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6. COMMUNITY

6.1 Naming of Tully Cricket Grounds Executive Summary:

A letter has been received from the Tully District Cricket Association Inc. requesting consideration be given to naming the main cricket oval situated on the sporting reserve on Anderson Street the "Miller Oval" in recognition of the long and distinguished service given by Mick and Diane Miller to Tully and indeed North Queensland junior and senior cricket over some forty (40) years. (Refer attached letter from Tully District Cricket Association Inc.) Mick and Diane Miller are officially retiring from Tully Cricket this year. Recommendation:

“That Council agree to naming the main cricket oval at Tully Cricket Grounds on Anderson Street the "Miller Oval" in recognition of Mick and Diane Miller's long and outstanding service to cricket in Tully and North Queensland and a suitable wooden sign be erected in the vicinity of the main cricket oval."

Moved Cr I Rule Seconded Cr B Macdonald Resolution Number 0236 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 9.55am Ms S Camilleri (Planning Officer - North), Ms K West (Student Planner) and Mr V O'Brien (Manager Parks & Community Facilities) entered the meeting.

6.2 Mundoo Aerodrome Master Plan - Selection of Consultant Executive Summary:

The report was prepared by the Economic Development Officer (EDO) and Chair of the Mundoo Aerodrome Master Plan Steering Committee to provide the Council with details of the selection process undertaken to determine a suitable consultant for the preparation of the region's Master Plan for the Mundoo Aerodrome and the subsequent appointment of the Cummings Economics led consortium in December 2012. Recommendation:

“That the report be received and noted."

Moved Cr G Raleigh Seconded Cr B Macdonald Resolution Number 0237 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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10.15am The meeting adjourned for morning tea. It was noted when the meeting reconvened that Mr S Basnayake, Ms S Camilleri and Ms K West had left the meeting.

7. PLANNING & ENVIRONMENT

7.1 Lot 413 on NR6178 - Application for Conversion of Term Lease 233242 to Freehold Executive Summary:

Council is in receipt of further correspondence requesting Council's views in relation to the proposed conversion of a term lease over Lot 413 on NR6178 to freehold land. The subject lot is located at Tanner Road, Kurrimine Beach and is currently covered in dense vegetation. Recommendation:

"That the Department of Natural Resources and Mines be advised: 1. that Council maintains its objection to the conversion of the Term Lease over Lot

413 on NR6178 to freehold on land use planning grounds; and 2. Council has no objection to the applicant entering into a Conservation Agreement

with the Department of National Parks, Recreation, Sport and Racing given the environmentally sensitive nature of the lot, however the lot should not be converted to freehold; and

3. a clause should be included in the Term Lease restricting the clearing of native

vegetation on the lot to a maximum of 1000m2 for a building site and access thereto."

Moved Cr I Rule Seconded Cr G Raleigh Resolution Number 0238 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 11.00am Ms J Murphy and Mr V O'Brien left the meeting.


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7.2 Request to re-open temporarily closed road - part of Dodds Road adjacent to Lot 2 RP735398 and Lot 2 RP729442

Executive Summary:

Council is in receipt of correspondence from the Department of Natural Resources and Mines in relation to a request they have received to reopen a section of Dodds Road, Belvedere. The applicant does not hold the road licences that would be cancelled if this request is granted, but believes that opening this section of temporarily closed road would assist in the movement of farming equipment during the crushing season. Council has been asked to provide its views and/or requirements in relation to this application. Recommendation:

“That the Department of Natural Resources and Mines be advised that Council supports the cancellation of the temporary road closure on Dodds Road, subject to the applicant being advised that: (a) any development of the road will be at the applicant's cost with no cost to

Council; and (b) works to develop the road must be carried out in accordance with an

Operational Works approval obtained from Council."

Moved Cr M Nolan Seconded Cr G Raleigh Resolution Number 0239 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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7.3 DA083/12J - Material Change of Use for a Telecommunications Facility at Sundown Road, Sundown

Executive Summary: Council is in receipt of an application for a Material Change of Use for a Telecommunications Facility. The application was prepared by Aurecon Australia Pty Ltd on behalf of NBN Co Limited. The subject property is located within the Rural Zone on land described as Lot 26 on SP123171, situated at Sundown Road, Sundown. The application was Impact Assessable and therefore public notification was required. Five (5) properly made submissions were received by Council. The application did not trigger any Referral Agencies. The subject site is located within the Regional Landscape & Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and the application is considered to be consistent with the intent of the FNQRP. The application is generally consistent with the provisions of the Johnstone Shire Planning Scheme 2005 and therefore the application for a Material Change of Use for a Telecommunications Facility is recommended for approval subject to reasonable and relevant conditions. Recommendation: That a Development Permit be issued for a Material Change of Use for a Telecommunications Facility on land described as Lot 26 on SP123171, situated at Sundown Road, Sundown, subject to the following conditions: 1. Proposal: That the development be undertaken generally in accordance with the

application and documentation as well as the plans in the table below, accepted by Council on 5 November 2012, all relating to Development Application No. 083/12J, excepting where varied by the following conditions.

Plan Number Plan Name Date

4INN-51-02-INS-C2 Revision 2

Overall Site Plan 30.10.12

4INN-51-02-INS-C3 Revision 2

Site Setout Plan 30.10.12

4INN-51-02-INS-C4 Site Elevation and Details 30.10.12

2. Timing of Effect: The conditions of the development permit must be complied

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

3. Amended Plans: An amended set of plans incorporating any of the changes

required by these conditions shall be provided to Council to the endorsed by the Director Planning & Environmental Services, prior to an application being made for building work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.


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7.3 DA083/12J - Material Change of Use for a Telecommunications Facility at Sundown Road, Sundown (Cont'd…)

4. Telecommunications Facility: The Telecommunications Facility is to be painted

'sherbrook green' in a matt finish and the outdoor cabinets are to be painted grey, in order to blend in with nearby vegetation, to the requirements and satisfaction of the Director Planning & Environmental Services.

5. Copy of Approval to Consultants: The applicant/owner is to provide a copy of this Decision Notice including the development approval conditions, approved plans and documents to all consultants, private certifiers and contractors involved in the construction phase of this development.

Assessment Managers Advice: a) Relevant Period: The relevant period for the development approval (Material

Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341 of SPA, the development approval for Material Change of Use lapses if the building work under the approval is not complete within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

b) Council Indemnity: The Council is indemnified against any claims arising from

works carried out by the Applicant/Owner on Council property. c) Other Approvals Required: An application for Building Approval is required, with

a permit to be issued, works carried out and a final certificate or certificate of classification issued, prior to the commencement of use.

d) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with

the requirements of the Aboriginal Cultural Heritage Act 2003 and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

e) Compliance with Laws: This approval does not negate the requirement for

compliance with all other relevant local laws and other statutory requirements. f) Hours of Construction: All construction work and other site works must be

between: 6.00am – 6.00pm Monday to Friday; 7.00 – 6.00pm Saturday. No construction work or other site works are to occur on Sundays or Public Holidays.


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7.3 DA083/12J - Material Change of Use for a Telecommunications Facility at Sundown Road, Sundown (Cont'd…)

g) Environmental Harm: The Environmental Protection Act 1994 states that a

person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.

Moved Cr G Raleigh Seconded Cr B Macdonald Resolution Number 0240 "That the Recommendation be adopted." FOR VOTE - Crs G Raleigh, B Macdonald, B Shannon, M Nolan and A Pike AGAINST VOTE - Cr I Rule

CARRIED

7.4 DA015/12C - Development Application for a Material Change of Use for a Light Industry (Sheet Metal Fabrication) at Old Tully Road, Birkalla

Executive Summary:

Council is in receipt of an application for a Material Change of Use for a Light Industry (Sheet Metal Fabrication). The application was prepared by GE Hopkins, Consulting Surveyor on behalf of I & M Blair. The subject property is located within the Rural Zone on land described as Lot 184 on RP865428, situated at Old Tully Road, Birkalla. The application was Impact Assessable and therefore public notification was required. No properly made submissions were received by Council. The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency. The subject site is located within the Regional Landscape & Rural Production Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and is considered to be consistent with the intent and policies of the plan. The application is generally consistent with the provisions of the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for a Material Change of Use for a Light Industry (Sheet Metal Fabrication) is recommended for approval subject to reasonable and relevant conditions.


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7.4 DA015/12C - Development Application for a Material Change of Use for a Light Industry (Sheet Metal Fabrication) at Old Tully Road, Birkalla (Cont'd…)

Recommendation:

"That a Development Permit be issued for a Material Change of Use for a Light Industry (Sheet Metal Fabrication) on land described as Lot 184 on RP865428, situated at Old Tully Road, Birkalla, subject to the following conditions:: 1. Proposal: That the development be undertaken generally in accordance with the

application and documentation as well as the plans in the table below, accepted by Council on 9 May 2012, all relating to Development Application No. 015/12C, excepting where varied by the following conditions.

Plan Number Plan Name Date

2012-004-2 Main Layout Plan (Amended) January 2013

2012-004-1 Building Layout Plan November 2012

399-8 Rev C Ground Level Floor Plan Level One Floor Plan

5 December 2011

399-5 Rev D Elevations 5 December 2011

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

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

3. Amended Plans: An amended set of plans incorporating any of the changes

required by these conditions shall be provided to Council to be endorsed by the Director Planning & Environmental Services, prior to an application being made for building work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

4. Car Parking: The development is to provide a minimum of six (6) car parks on the

subject site. All car parking facilities must comply with the following requirements, to the satisfaction of the Director Planning & Environmental Services:

The driveway and car parking area are to be constructed in accordance with

Dwg #2012-004-2, dated January 2013. The car parking area is to be sealed, drained and line marked. All car parking facilities are to be designed and constructed to comply with

Australian Standard AS1428 Design for Access and Mobility and Australian Standard AS2890.1 Parking Facilities - off street car parking; and

All car parks must be constructed prior to the issue of a Certificate of Final

Inspection or a Certificate of Classification; and Car parking facilities are to be maintained and available at all times.


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5. Lot Access: Access to the proposed development must be constructed in

accordance with FNQROC Development Manual Standard Drawing S1105, including sealing the access from the edge of the existing bitumen to the lot boundary, to the requirements and satisfaction of the Director Planning & Environmental Services. Future maintenance of the access is the responsibility of the landowner.

6. Landscaping: The applicant/owner is to landscape the subject site in accordance

with the approved Dwg #2012-004-2, dated January 2013 and with the Landscaping Code.

The landscaped areas are to be planted with vegetation considered appropriate screen species that may be selected from Schedule 5 – Landscaping – Preferred Species of the Cardwell Shire Council Planning Scheme 2007. All landscaped areas and works are to be established to the requirements and satisfaction of the Director Planning & Environmental Services, prior to the issue of a Certificate of Final Inspection or a Certificate of Classification.

7. Signage: The applicant/owner must ensure that any signage on the subject site, for the proposed development, must comply with the Advertising Devices Code of the Cardwell Shire Council Planning Scheme 2007, to the requirements and satisfaction of the Director Planning & Environmental Services.

8. Waste Bins & Storage Areas: The waste bin and storage areas must be screened

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

9. Emission of Noise: Except as otherwise provided by the noise schedule of this

development approval, the activities must be carried out by such practicable means necessary to prevent or minimise the emission or likelihood of emission of noise. The emission of noise from the premises must not result in levels greater than those specified on the table below. Noise levels on site are subjected to the Environmental Protection (Noise) Policy 1997. The Administering Authority may order requirements to minimise noise levels.

Noise Limits at a Noise Sensitive Place

Period Noise Level at a Noise Sensitive Place Measured as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7am - 6pm Background noise level plus 5 dB(A)

6pm - 10pm Background noise level plus 5 dB(A)

10pm - 7am Background noise level plus 3 dB(A)

Noise Limits at a Commercial Place

Period Noise Level at a Commercial Place measured as the Adjusted Maximum Sound Pressure Level LAmax adj, T

7am - 6pm Background noise level plus 10 dB(A)

6pm - 10pm Background noise level plus 10 dB(A)

10pm - 7am Background noise level plus 8 dB(A)


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10. Erosion & Sediment Control: Effective erosion and sediment control must be

maintained at all timed during and after construction work until there is adequate vegetation cover, paved or other controls to prevent any silt run-off from the site to the requirements and satisfaction of the Director Planning & Environmental Services.

11. Public Utilities – Alterations: Any relocation or alteration to any public utilities in

association with works pertaining to this development must be undertaken as required by the relevant service provider and at no cost to Council.

12. Stormwater Drainage: The applicant/owner must ensure that the flow of all

external stormwater from the property is directed to Council’s existing stormwater drainage system, such that stormwater does not adversely affect surrounding properties. A plan of these works is to be endorsed by Council prior to the lodgement of a development application for building work, to the requirements and satisfaction of the Director Planning & Environmental Services.

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

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

14. Night Lighting: The applicant/owner is to ensure that all night lighting is designed

and constructed to the satisfaction of the Director, Planning & Environmental Services so as to ensure that light emitted from the subject site does not, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Assessment Manager's Advice: a) Relevant Period: The relevant period for the development approval (Material

Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for material change of use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.


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b) Notice of Intention to Commence Use: The applicant/owner must return to Council

the attached Notice of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. This will allow a check for compliance with conditions to be carried out by Council officers.

c) Required Approvals: A Development approval for Building and Plumbing &

Drainage Work will be required, with a permit for these works issued prior to any works commencing;

d) Cultural Heritage: The applicant/owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act and in particular ‘the duty of care’ that it imposes all landowners, developers and the alike.

e) Engineering Works: The applicant/owner is to ensure that the engineering works

involved in the proposed development are designed and constructed in accordance with the FNQROC Development Manual, 2005.

f) Environmental Nuisance: The Environmental Protection Act 1994 states that a

person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.

Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use.

Moved Cr I Rule Seconded Cr A Pike Resolution Number 0241 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 11.30am Ms A Nugent left the meeting.


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8. CORPORATE

8.1 Mena Creek Rural Fire Brigade - Fire Levy Executive Summary:

The Queensland Fire and Rescue Service is seeking Council support for the introduction of a Rural Fire Levy in the area serviced by the Mena Creek Rural Fire Brigade. The proposal involves Council levying a $20.00 per assessment charge on the rateable land within the Mena Creek Rural Brigade area. The 507 Rate Assessments will raise $10,140 to meet a range of operational expenses pertaining to equipment and plant required for fire fighting purposes. Recommendation:

“For direction from Council”

Moved Cr B Macdonald Seconded Cr A Pike Resolution Number 0242 "That Council support the introduction of a Rural Fire Levy in the area serviced by the Mena Creek Rural Fire Brigade and levy a $20.00 per assessment charge on the rateable land within the Mena Creek area to be implemented in the 2013/14 budget." FOR VOTE - Crs B Macdonald, A Pike, B Shannon and A Pike AGAINST VOTE - Crs M Nolan and I Rule

CARRIED

11.45am Ms M Cox (Manager of Finance) entered the meeting.

8.2 Survey of Residents Regarding Fluoride - Innisfail Water Supply Executive Summary:

Recent amendments to the Water Fluoridation Act 2008 removed the mandatory requirement to fluoridate all relevant public potable water supplies. Local Governments must now determine if it is in the best interest of the communities to implement or to continue fluoridation.

Council requested, at their meeting held 13 December 2012, that a report be provided on the available options for Council in undertaking a survey of residents regarding the introduction of fluoride into the Innisfail water supply.

Options for surveys:

Written survey circulated to residents

Telephone survey based upon a random statistical sample

Online survey


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Market Facts (Qld) Pty. Ltd. have provided a proposal for a telephone survey and an online survey at a cost of $6,000. This organisation successfully undertook the previous community survey for Council regarding electoral boundaries and has a proven record in this type of work. Recommendation:

“That: 1. Council undertake telephone and online surveys of residents in the Innisfail area

regarding the introduction of fluoride into the Innisfail water supply; 2. The survey be conducted by Market Facts (Qld) Pty. Ltd. with an independent

report compiled for consideration by Council; and 3. Prior to the survey being conducted Council provide on its website and at its

various public offices, information relating to the question of fluoride in public water supplies.”

Moved Cr A Pike Seconded Cr B Shannon Resolution Number 0243 "That the Recommendation be adopted subject to the following amendments at dot points 1 and 3 as follows: 1. Council undertake a telephone (DELETE) and online survey of residents in the Innisfail

area regarding the introduction of fluoride into the Innisfail water supply; and 3. Prior to the survey being conducted Council provide on its website and at its various

public offices, (INSERT) balanced and unbiased information relating to the question of fluoride in public water supplies."

FOR VOTE - Unanimous CARRIED


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8.3 Financial Statement for period 1 July 2012 to 31 December 2012 Executive Summary:

The Financial Statements for the period 1 July 2012 to 31 December 2012 are provided herewith. Recommendation:

“That the Financial Statements with Notes as at 31 December 2012 incorporating the following be received: • Operating Statement • Balance Sheet • Statement of Cash Flows • Graphical Representation of Recurrent Revenue and Expenditure • Note 1 - Cash Assets and Cash Equivalents • Note 2 - Trade and Other Receivables • Note 3 - Borrowings • Note 4 - Recurrent Revenue and Expenditure.”

Moved Cr I Rule Seconded Cr G Raleigh Resolution Number 0244 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 12.20pm Ms M Cox left the meeting.


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9. NOTICE OF MOTION

9.1 Notice of Motion - Request for funding assistance Executive Summary:

In a Notice of Motion submitted by Cr Mark Nolan, Cr Nolan advises that it is his intention to move the following motion at the Local Government Meeting on 17 January 2013: Recommendation:

“That Council refer the request for funding assistance from the 'Northern Pride' Rugby League Football Club to the upcoming budget review for consideration.”

Moved Cr M Nolan Seconded Cr I Rule Resolution Number 0245 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED

10. GENERAL BUSINESS

10.1 Kennedy Esplanade, South Mission Beach Mayor Bill Shannon raised some concern about the amount of red soil on the Kennedy Esplanade washing into the ocean over the Christmas period and asked the Director Planning & Environmental Services whether the soil had come from the Explorer Drive Subdivision? Mr Pettigrew advised that following an inspection by Council officers he didn't believe the soil had come from the subdivision and that erosion and sediment control and ground cover conditions were still in place.

10.2 Dunk Island Resort Cr Alister Pike raised some concerns with respect to the resort pools at Dunk Island. The pools are operating, however there are no fences in place and there is still a lot of debris lying around in the immediate vicinity. Cr Pike is concerned about the possible risk of a drowning from visitors to the island. He asked is there a place for Council to get involved in the compliance of the resort? Mr Pettigrew advised that he would arrange for officers from his Department to visit the island to carry out an inspection of the issues raised.


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10. GENERAL BUSINESS (CONT'D…)

10.3 Request for workshop to clarify funding for marine facilities Cr Mark Nolan referred to $5.5M approved by the QldRA to replace the Clump Point and Dunk Island jetties on a 'like-for-like' basis and the subsequent, separate announcements by the Federal and State Governments that they would contribute $5.5M and $11M respectively towards marine infrastructure at Mission Beach. Cr Nolan asked that, as a matter of priority, a workshop be convened to seek clarity about how and when the $16.5M will be spent, who is in control and whether some of these funds could be utilized to include a betterment component in the construction of the Clump Point jetty? The Mayor advised he would contact the Federal & State Member to seek information on the project to assist with holding such a workshop.

10.4 Flying Fish Point Rock Wall Crs Mark Nolan and Ian Rule advised they had inspected the rock wall at Flying Fish Point recently with a number of residents concerned about an eddy (whirlpool) occurring at the end of the rock wall which was causing serious erosion problems and threatened to undermine the turnaround area on the Council road. Cr Nolan asked the Council to contact the Department of Environment and Heritage Protection in an attempt to seek a suitable resolution. Cr Nolan suggested the construction of a groyne to trap sand on the southern side of the rock wall as a possible solution. The Director Works, Mr David Trotter advised the Department would require a planning report on any proposed treatment to be in place prior to considering a permit for future works. Mr Trotter indicated he would contact the Department of Environment & Heritage Protection to seek an inspection of the issue.

10.5 Inundation of Flying Foxes in Cardwell Cr Glenn Raleigh advised that a massive flying fox colony had infested Cardwell and surrounds, with up to 300 bats roosting in any one tree at a time in the reserve located opposite the RSL. The stench from the bat droppings is fast becoming a serious health risk. This matter is to be referred to the Manager Environmental Services with a request that he write to the Department of Environment & Heritage Protection, as the responsible State agency, about this issue.

10.6 Innisfail Estate Sewerage Cr Bryce Macdonald asked for an update in relation to sewerage/drainage at the Innisfail Estate area? The Director Works advised that there is a new dynamic model for sewerage networks for Innisfail, Tully and Mission Beach. Council's consultants have been asked to develop scenarios and run through the newest model to review infrastructure capacity. This exercise is nearing completion. Mr Trotter expects the final report to be available in early February. The report will determine what the Council will need to do to service these areas and requirements for land reconfiguration proposals.

10.7 Port Hinchinbrook Cr Macdonald asked the Council to advocate for a resolution to the issues surrounding the onsite sewerage plant at Port Hincinbrook on behalf of the residents and to ask the Department of Environment and Heritage Protection to keep the Council informed about this matter of regional interest. The Director Planning & Environmental Services was asked to prepare a letter for the CEO's signature.


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1.15pm 1.45pm The meeting adjourned for lunch. It was noted when the meeting reconvened that Messrs J Pettigrew, D Trotter and P Cochrane and Ms J Lightfoot were no longer in attendance. MOVE INTO COMMITTEE - 1.45PM

Recommendation: "That in accordance with Section 72(1)(b) of the Local Government (Operations) Regulation 2010, the meeting be closed to the public to discuss the report on the 2012 Performance Review of the Chief Executive Officer." Moved Cr G Raleigh Seconded Cr B Macdonald Resolution Number 0246 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED MOVE OUT OF COMMITTEE - 1.55PM

Recommendation: "That the meeting be re-opened to the public." Moved Cr B Macdonald Seconded Cr A Pike Resolution Number 0247 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED


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11. CONFIDENTIAL

11.1 2012 Performance Review of Chief Executive Officer Recommendation:

“That the recommendation contained within the Performance Review Panel's report dated 17 December, 2012 be endorsed.”

Moved Cr Cr B Shannon Seconded Cr Cr B Macdonald Resolution Number 0248 "That the Recommendation be adopted." FOR VOTE - Unanimous CARRIED 2.00pm There being no further business, the Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 14th DAY OF FEBRUARY 2013.

------------------------------------- Mayor

minutes - cassowary coast region€¦ · 17-01-2013 · (refer attached letter from tully district...

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