Council Meeting Agenda 3 December 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 3 December 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 03 DECEMBER 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda

Wednesday 03 December 2014

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING CORPORATE AND COMMUNITY SERVICES ............................................................................... 5 REGIONAL LAND USE PLANNING................................................................................................ 5 ITEM-1 Application for Renewal of Term Lease 0/207083 - Lot 366 on NR804467, Parish of Tinaroo ..................................................................................................................... 5 ITEM-2 Cairns Plywoods Pty Ltd - Reconfiguring a Lot - subdivision (1 into 41 Lots & Balance area) in 4 stages - Lot 200 on SP216456-Marinelli Drive, Mareeba DA/14/0061 ............................................................................................................ 13 ENVIRONMENTAL HEALTH ........................................................................................................ 33 ITEM-3 Flying Fox Update .................................................................................................. 33 GRANTS AND CORPORATE AND COMMUNITY PLANNING ..................................................... 65 ITEM-4 Regional Arts Development Fund (RADF) - Round One ......................................... 65 FINANCE ...................................................................................................................................... 69 ITEM-5 Rating Arrangements for Properties Sharing Two Boundaries ................................ 69 ITEM-6 Tourism Kuranda Motor Vehicle ............................................................................. 73 INFRASTRUCTURE SERVICES .................................................................................................. 77 TECHNICAL SERVICES............................................................................................................... 77 ITEM-7 Update Report on Request Regarding Mackay Sugar Extended B-Double Route Access within Mareeba Shire ................................................................................. 77 ITEM-8 Chillagoe Aerodrome - CASA Non-Compliance Notices ......................................... 81 WATER & WASTE ........................................................................................................................ 87 ITEM-9 Mareeba Wastewater Treatment Plant - Approval of Transitional Environmental Program ................................................................................................................. 87 CHIEF EXECUTIVE OFFICER ..................................................................................................... 95 ITEM-10 Petition Kuranda Homemade Tropical Fruit Icecreams ........................................... 95 ORGANISATIONAL DEVELOPMENT .......................................................................................... 99 ITEM-11 Reporting Functions of the Organisational Structure............................................... 99

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Wednesday 03 December 2014

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Wednesday 03 December 2014

CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

APPLICATION FOR RENEWAL OF TERM LEASE 0/207083 - LOT 366 ON NR804467, PARISH OF TINAROO

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the renewal of Term Lease 0/207083 over land described as Lot 366 on NR804467, Parish of Tinaroo, situated at 7 Kilpatrick Street, Mareeba. The existing and proposed use of the land is scout purposes. DNRM seeks Council's views on the renewal of the term lease and/or the conversion of the lease to freehold, and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the renewal of the term lease for scout purposes over land described as Lot 366 on NR804467, Parish of Tinaroo and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land. Further, that Council would not object to the conversion of the lease to freehold." BACKGROUND DNRM is currently considering an application for the renewal of Term Lease 0/207083 over land described as Lot 366 on NR804467, Parish of Tinaroo. The subject land has an area of 1.09 hectares and is located at the Kilpatrick Street cul-desac head. A scout hall and shed are established on the subject land. The majority of the land remains covered by mature vegetation. The land has a very long history of continuous usage by the boy scouts. Council's Mareeba Depot and Water Treatment Plant is located immediately to the east of the subject land.

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Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

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Should the lease renewal be approved, it is proposed that the land continue to be used for scout purposes. DNRM seeks Council's views on the renewal of the term lease, and/or the conversion of the lease to freehold, and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN Nil CONSULTATION Internal Nil External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS The subject land is zoned Rural (P15 - Boy Scouts) under the Mareeba Shire Planning Scheme 2004. The continued use of the subject land for scout purposes is consistent with the Planning Scheme. The subject land was not identified in the Local Heritage Register developed to support the draft planning scheme. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. Page 7

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ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 10 November 2014

Date Prepared:

12 November 2014

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ATTACHMENT 1

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ITEM-2

Wednesday 03 December 2014

CAIRNS PLYWOODS PTY LTD - RECONFIGURING A LOT - SUBDIVISION (1 INTO 41 LOTS & BALANCE AREA) IN 4 STAGES - LOT 200 ON SP216456MARINELLI DRIVE, MAREEBA - DA/14/0061

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION Cairns Plywoods Pty Ltd

DATE LODGED

30 October 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

FILE NO LODGED BY

DA/14/0061 Twine Surveys Pty Ltd

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

Residential zone Code Assessment

ATTACHMENTS:

PREMISES ADDRESS Marinelli Drive, Mareeba RPD Lot 200 on SP216456

Reconfiguring a Lot - Subdivision (1 into 41 Lots & Balance Area) in 4 Stages AREA OWNER

49.3326 Ha Cairns Plywoods Pty Ltd Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

n/a

Proposal Plan/s - Jim Papas Drafting Pty Ltd dated August 2010 (DWS VS# 3608065)

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Mareeba Shire Council - Agenda

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification. The applicant proposes the continued development of Marinelli Estate with the creation of an additional 41 allotments and large balance area over four (4) stages (Stages 11 - 14). Stages 11 - 14 adjoin/interconnect with stages 7 - 10 (41 lots) which were approved by Council on 15 October this year (DA/14/0041). It is likely the balance of the site will be further developed in future stages of the estate. A previous approval (REC/07/0093) was granted over the subject site for Reconfiguring a Lot - Subdivision creating 86 allotments plus balance area, however, this approval was allowed to lapse in 2013. The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies), and is not in conflict with any relevant planning instrument. The proposed development is consistent with the intent of the site's zoning and Council's Planning officer has not identified any significant issues with the development. Draft conditions were provided to the applicant care of their consultant and have been agreed to. It is recommended that the application be approved in full, subject to conditions.

OFFICER'S RECOMMENDATION "1.

That in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION Cairns Plywoods Pty Ltd 30 October 2014 Development Permit

ADDRESS RPD

PREMISES Marinelli Drive, Mareeba Lot 200 on SP216456

Reconfiguring a Lot - Subdivision (1 into 41 Lots & Balance Area) in 4 Stages

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment managerâ&#x20AC;&#x2122;s advice in (D), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); And

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The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A)

APPROVED DEVELOPMENT: Development Permit for Reconfiguring a Lot Subdivision (1 into 41 Lots & Balance Area) in 4 stages

(B)

APPROVED PLANS: Plan/Document Number

Plan/Document Title

Prepared by

Dated

1181 - SK1

Overall Site Plan

Jim Papas Drafting Pty Ltd

August 2010

1181 - SK2

Existing Approvals Stages 4 & 6 to 14 - Revised Lot Layout

Jim Papas Drafting Pty Ltd

August 2010

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, and subject to any alterations:

found necessary by the Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and

to ensure compliance with the following conditions of approval.

Timing of Effect 2.1

The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the endorsement of the plan of survey of the development, except where specified otherwise in these conditions of approval.

General 3.1

The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.2

All payments or bonds required to be made to the Council pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior to the endorsement of the plan of survey and at the rate applicable at the time of payment.

3.3

The developer must relocate (in accordance with FNQROC standards) any services such as water, sewer, drainage, telecommunications and electricity that are not wholly located within the lots that are being

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created/serviced where required by the relevant authority, unless approved by Councilâ&#x20AC;&#x2122;s delegated officer. 3.4

Where utilities (such as sewers on non-standard alignments) traverse lots to service another lot, easements must be created in favour of Council for access and maintenance purposes. The developer is to pay all costs (including Councilâ&#x20AC;&#x2122;s legal expenses) to prepare and register the easement documents.

3.5

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Councilâ&#x20AC;&#x2122;s delegated officer.

3.6

All future buildings on the proposed allotments must be located such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above the 100 ARI year level.

3.7

No filling is to occur below the 100 ARI flood level unless approved as part of an operational works application.

3.8

Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full.

Infrastructure Services and Standards 4.1

Access Access to each allotment must be constructed (from the edge of the road pavement to the property boundary of each lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer. The provision of layback kerb along the frontage of each allotment will satisfy this condition. A bitumen sealed or reinforced concrete driveway shall be provided within the access handle of Lot 128. The driveway will: -

have a minimum formation width of 3 metres; be constructed for the full length of the access handle (from the edge of the layback kerb to the point in which the lot widens out); be formed with one-way cross fall to cater for stormwater drainage such that any stormwater runoff is contained within the access handle; and include service and utility conduits provided for the full length of the bitumen or concrete driveway.

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4.2

Wednesday 03 December 2014

Stormwater Drainage (a)

The applicant/developer must take all necessary steps to ensure a non-worsening effect on surrounding land as a consequence of the development.

(b)

Prior to works commencing the applicant must submit a Stormwater Management Plan and Report prepared and certified by a suitably qualified design engineer (RPEQ) that meets or exceeds the standards of design and construction set out in the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual to the satisfaction of Council’s delegated officer.

(c)

Prior to works commencing the applicant must submit a Stormwater Quality Management Plan and Report prepared and certified by a suitably qualified design engineer (RPEQ) that meets or exceeds the standards of design and construction set out in the Urban Stormwater Quality Planning Guideline and the Queensland Water Quality Guideline to the satisfaction of Council’s delegated officer.

(d)

The Stormwater Quality Management Plan must include an Erosion and Sediment Control Plan that meets or exceeds the Soil Erosion and Sedimentation Control Guidelines (Institute of Engineers Australia) to the satisfaction of Council’s delegated officer.

(e)

The applicant/developer must construct the stormwater drainage infrastructure in accordance with the approved Stormwater Management Plan and/or Stormwater Quality Management Plan and Report.

(f)

Temporary drainage is to be provided and maintained during the construction phase of the development, discharged to a lawful point and not onto the construction site.

(g)

All stormwater channels through private property must be registered, with the easement for drainage purposes in favour of Council. All documentation leading to the registration of the easement must be completed at no cost to Council.

(h)

Should the applicant not be able to secure easement/s for drainage purposes through adjoining private property, all stormwater drainage must be directed south-east within Lot 200 on SP216456, to discharge directly into the Barron River.

(i)

The applicant (at their cost) must video all stormwater lines and submit the video for inspection by Council’s delegated officer prior to the development being taken "off maintenance" to ensure that no defects have occurred during the 12 month maintenance period.

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Mareeba Shire Council - Agenda

4.3

4.4

4.5

Wednesday 03 December 2014

Roadworks - Internal (i)

Internal roads must be constructed to Residential Street standard in accordance with the FNQROC Development Manual (as amended) to the satisfaction of Council's delegated officer.

(ii)

Temporary turnaround areas, with gravel surface, must be provided at the end of any new road construction adjacent to the balance area of the overall subdivision to allow traffic manoeuvring.

(iii)

A concrete footpath is to be constructed on the western side of the Road A1 extension in accordance with the FNQROC Development Manual.

(iv)

A concrete footpath (joining with the footpath mentioned in 4.3 (iii)) is to be constructed on the northern side of the unnamed road branching off to the west of Road A1 (Road A3).

Water Supply (a)

Where the existing reticulated water supply does not currently service the site or is not at an adequate capacity, the developer is required to extend or upgrade the reticulated water supply infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended).

(b)

A water service connection must be provided to each proposed lot in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

Sewerage Connection The developer must connect the proposed development to Council’s reticulated sewerage system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Where sewerage connections are not available to the site, or where existing connections are not satisfactory for the proposed development, the developer is required to extend or upgrade the reticulated sewerage infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended).

4.6

Electricity provision/supply The applicant/developer must ensure that an appropriate level of electricity supply is provided to each allotment in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

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Written advice from an Electricity Service Provider is to be provided to Council indicating that an agreement has been made for the provision of underground power reticulation. 4.7

Telecommunications The applicant/developer must enter into an agreement with a telecommunication carrier to provide telecommunication services to each allotment and arrange provision of necessary conduits and enveloping pipes.

4.8

Lighting Street lighting must be provided to all roads in accordance with FNQROC Development requirements (as amended) and to the satisfaction of Council's delegated officer.

4.9

Street Trees Planting Street tree planting must be provided in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer. The plan depicting species must be submitted to Council’s delegated officer for approval. The street trees must be planted in accordance with the approved plan.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(c)

Easement Documents The Mareeba Shire Council has developed standard easement documentation to assist in the drafting of formal easement documents for Council easements. The applicant should contact the Urban & Regional Planning Section for more information regarding the drafting of easement documents for Council easements.

(d)

Endorsement Fees The applicant is advised that Council charges a fee for the endorsement of a Survey Plan, Community Management Statements, easement documents, and covenants. The fee is set out in Council’s Fees & Charges Schedule applicable for each respective financial year.

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Mareeba Shire Council - Agenda

(e)

Wednesday 03 December 2014

Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(f)

Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au

(g)

Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au

(E)

RELEVANT PERIOD When approval lapses if development not started (s.341) 

(F)

Reconfiguring a Lot requiring Operational Works – four (4) years (starting the day the approval takes effect);

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Development Permit for Operational Works

(G)

OTHER APPROVALS REQUIRED FROM COUNCIL  Nil

That an Adopted Infrastructure Charges Notice be issued for the following infrastructure charge/s for:

Infrastructure Charge

Lots

Rate

Current Amount of Charge

13 x $4,170.00

$54,210.00

Stage 11 (Lots 143 - 155) Augmentation of the Road Network Contributions (Mareeba South)

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Lots

Rate

Current Amount of Charge

Open Space Contributions

13 x $4,170.00

$54,210.00

Water Supply Headworks Contributions

13 x $4,170.00

$54,210.00

Sewerage Headworks Contributions

13 x $4,170.00

$54,210.00

Infrastructure Charge

$216,840.00

Total amount of charge for Stage 11 Stage 12 (Lots 119 - 122, 140 - 142 & 156 - 159) Augmentation of the Road Network Contributions (Mareeba South)

11 x $4,170.00

$45,870.00

Open Space Contributions

11 x $4,170.00

$45,870.00

Water Supply Headworks Contributions

11 x $4,170.00

$45,870.00

Sewerage Headworks Contributions

11 x $4,170.00

$45,870.00 $183,480.00

Total amount of charge for Stage 12 Stage 13 (Lots 123 - 130 & 137 - 139) Augmentation of the Road Network Contributions (Mareeba South)

11 x $4,170.00

$45,870.00

Open Space Contributions

11 x $4,170.00

$45,870.00

Water Supply Headworks Contributions

11 x $4,170.00

$45,870.00

Sewerage Headworks Contributions

11 x $4,170.00

$45,870.00 $183,480.00

Total amount of charge for Stage 13 Stage 14 (Lots 131 - 136) Augmentation of the Road Network Contributions (Mareeba South)

6 x $4,170.00

$25,020.00

Open Space Contributions

6 x $4,170.00

$25,020.00

Water Supply Headworks Contributions

6 x $4,170.00

$25,020.00

Sewerage Headworks Contributions

6 x $4,170.00

$25,020.00

Total amount of charge for Stage 14

$100,080.00

TOTAL CURRENT AMOUNT OF CHARGE

$683.880.00

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THE SITE The subject site is situated at the very end of Marinelli drive and is described as Lot 200 on SP216456, Parish of Tinaroo, County of Nares. The subject site is the balance land stock from the previously developed earlier stages of Marinelli Estate. This application consists of Stage 11 - 14 of the Marinelli Estate subdivision development which extends down the eastern half of the site, creating an additional 41 allotments. Council previously approved stages 7 - 10 of Marinelli estate (also creating 41 allotments) which extends down the western half of the site, immediately adjacent the development area for Stages 11 - 14. It is likely the balance area of Lot 200 will be further developed in future stages. The subject site has a total area of 49.33 hectares with frontages of approximately 32 metres to Marinelli Drive and 20 Metres to Luisa Circuit. Both roads are constructed to bitumen sealed standard, including kerb and channel. Access to the site is currently available off both roads. A dwelling house is established on the subject land; well outside the area to be developed as Stage 11 - 14. The Stage 11 - 14 area has been cleared of vegetation and is not significantly threatened by any natural hazards. Adjoining properties within Marinelli Estate are all zoned residential. Land adjoining the western boundary is zoned Rural. Dwelling houses are established on most adjoining properties.

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BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Council at its Meeting held on 18 December 2007 resolved to issue a Development Permit (REC/07/0093) for the application made by C and B Consultants Pty Ltd on behalf of TW Hedley (Investments) Pty Ltd for the reconfiguration of land described as Lot 200 on SP201320, Parish of Tinaroo, situated on Marinelli Drive, Mareeba, into eighty-six (86) lots. This development permit covering Stages 6 to 9 of Marinelli Estate lapsed on 19 December 2013.

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The subdivision plan for lapsed development approval REC/07/0093 is shown below:

Council, at its Ordinary Meeting held on 15 October 2014, approved an application made by Twine Surveys Pty Ltd on behalf of Cairns Plywoods Pty Ltd for Reconfiguring a Lot Subdivision (1 into 41 Lots & Balance Area) in 4 stages, on land described as Lot 200 on SP216456 (the subject site). This approval re-established reconfiguring a lot development approval over approximately half of the previously lapsed development approval area. Twine Surveys Pty Ltd, on behalf of Cairns Plywoods Pty Ltd (the applicant), has now lodged this development application which proposes to re-establish reconfiguring a lot development approval over the other half of the previously lapsed development approval area. Stages 11 - 14 will be connected to the existing developed Marinelli Estate through Stage 4b which was approved by Council at its Ordinary Meeting on 6 July 2011 (REC/10/0044).

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot Subdivision (1 into 41 Lots & Balance Area) in 4 stages in accordance with the plans shown in Attachment 1. The application represents Stages 11 - 14 of the Marinelli Estate subdivision development. The proposed configuration consists of forty one (41) new residential allotments and the balance area of Lot 200. It is likely the balance area of Lot 200 will be further developed in future stages. The 41 proposed allotments will range in size from 673m2 to 1,279m2 with a staging plan as follows:  Stage 11 (13 Lots) - Proposed Lots 143 - 155  Stage 12 (11 Lots) - Proposed Lots 119 - 122, 140 - 142 & 156 - 159  Stage 13 (11 Lots) - Proposed Lots 123 - 130 & 137 - 139  Stage 14 (6 Lots) - Proposed Lots 131 - 136 Page 24

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Approximately 450 metres of new internal road is proposed to provide access to the proposed allotments. All 41 new lots will be provided with water and sewerage connections, underground electricity/telecommunications and kerb and channelling. The applicant does not seek to dedicate land as public open space.

REGIONAL PLAN DESIGNATION The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Mareeba is identified as a Regional Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:  Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Major Urban Growth Node (Mareeba)

Zone:

Residential

Overlays

Natural Disaster - Bushfire Overlay Airport and Aviation Facilities Overlay

RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application: DRO 1.1 Biodiversity Conservation Land Use Policy 1.1.4

Complies

Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.



Comments Complies - the proposed development (stages 10 - 14) avoids areas of the site mapped as being of general ecological significance.

DRO 4.1 Compact Urban Form Land Use Policy 4.1.1

Urban development is contained within the urban footprint

Complies



Comments Complies - The subject site is contained within the Urban Footprint.

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Mareeba Shire Council - Agenda 4.1.2

4.1.3

4.1.4

Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery. Development within the key regional growth areas achieves the strategic planning intent of the subregional narratives Higher dwelling densities are achieved within appropriate areas.

  

Wednesday 03 December 2014

Complies - The proposed development is consistent with the site's residential zoning and is a logical continuation of the established Marinelli Estate. Complies

Complies - The proposed development will achieve higher dwelling densities within a residential area.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality Land Use Policy

Complies

7.1.1

Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

(b)

State Planning Policy



Comments The development will be conditioned to comply.

The Department of State Development, Infrastructure and Planning has introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. This State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. A Council officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP. Queensland State Planning Policy - July 2014 State Interest Water quality

Complies 

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from:

a material change of use for urban purposes that involves a land area greater than 2500 square metres that:

(a) altered stormwater quality or flow, and

(a) will result in an impervious area greater than 25 per cent of the net developable area, or

(b) wastewater (other than contaminated stormwater and sewage), and (c) the creation or expansion of non-tidal artificial waterways, and

(b) will result in six or more dwellings, or (2)

(3)

Receiving waters Development:

Receiving waters - a development application for any of the following: (1)

Assessment Requirements & Comments

(2) complies with the SPP code: Water quality (Appendix 2).

reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or

Comment The development will be conditioned to comply.

operational works for urban purposes that involve disturbing more than 2500 square metres of land.

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(c)

Wednesday 03 December 2014

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 6 Part 5, Division 8 Part 6, Division 12

Residential Zone Code Natural Disaster - Bushfire Overlay Code Reconfiguring a Lot Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. Relevant Codes Residential Zone Code

Comments The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code apart from the following:  4.35 Reconfiguring a Lot - Probable Solution PS1.2 Refer to planning discussion section of report.

Natural Disaster - Bushfire Overlay Code Reconfiguring a Lot Code

(e)

The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 4 - Development Manual The proposed development can be conditioned to ensure all development works are designed and constructed in accordance with the FNQROC Development Manual. (f)

Adopted Infrastructure Charges Notice

Water Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution towards water supply for forty one (41) additional lots is applicable. Based on the 2014/2015 water supply headworks contribution rate, the following contribution is applicable:  41 lots x $4,170.00 = $170,970.00

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Sewerage Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution towards sewerage headworks for forty one (41) additional lots is applicable. Based on the 2014/2015 sewerage headworks contribution rate, the following contribution is applicable:  41 lots x $4,170.00 = $170,970.00 Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution towards augmentation of the road network for forty one (41) additional lots is applicable. Based on the 2014/2015 road network contribution rate, the following contribution is applicable:  41 lots x $4,170.00 = $170,970.00 Parks In accordance with Planning Scheme Policy No. 5 - Open Space Contributions, a contribution towards open space for forty one (41) additional lots is applicable. Based on the 2014/2015 open space contribution rate, the following contribution is applicable:  41 lots x $4,170.00 = $170,970.00 REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering PLANNING DISCUSSION Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria of the following Codes are summarised as follows:

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Residential Zone Code 4.35 Reconfiguring a Lot S1

A range and mix of lot sizes with areas and dimensions that meet user requirements provide more compact urban form and facilitate infill and redevelopment opportunities. PS1.1

Lots have a minimum area of 800m2 and a minimum frontage of twenty (20) metres; or

PS1.2

Lots may vary in area to a minimum of 600m2 and a minimum frontage of 15 metres, if (i)

the lot enables the siting and construction of a dwelling house and ancillary buildings; and

(ii)

the lot provides for vehicular access and on site car parking; and

(iii)

the lesser are is in keeping with the predominant character of the locality.

Comment All proposed allotments meet the minimum lot size requirement of 600m 2 with the majority of allotments being in excess of 800m2, however, 6 of the proposed allotments (Lots 126, 127, 128, 151, 153 & 154) contain frontages less than the desired 15 metres and are therefore non-compliant with probable solution PS1.2. All six of the non-compliant allotments front cul-de-sacs. It is not uncommon for cul-de-sac allotments to contain lesser frontages and include rear access lots, as is the case with proposed Lot 128. It is considered that each of the six lots are of a size and shape that will allow the siting of a dwelling house and ancillary buildings, provides for safe and convenient access, and is in keeping with the predominant character of the locality. It is considered that all six allotments in question can satisfy specific outcome S1. Conditions will be attached to any approval requiring the construction of a bitumen sealed or reinforced concrete driveway for the full length of the access handle to proposed Lot 128. Date Prepared:

13 November 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3608065)

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ENVIRONMENTAL HEALTH ITEM-3

FLYING FOX UPDATE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Environmental Health Officer

DEPARTMENT:

Development & Governance

EXECUTIVE SUMMARY This report provides an update on the recent establishment of a Flying Fox Roost in the Bicentennial Lakes area at the end of Abbott Street, Mareeba, as well as providing some history of the roosts in Mareeba. The report also provides a draft "Statement of Management Intent for Flying Fox Roost Management" for Council's consideration; a document that can be used to publish Council's agreed approach to the management of flying fox roosts across urban areas. OFFICER'S RECOMMENDATION "That Council: 1.

Continue to monitor the current number of flying foxes in the roost at the Bicentennial Lakes and where the numbers increase significantly, reassess the impact on neighbouring residents.

Where the assessed impact is significant with the noise and odour being objectionable, attempt to disperse the roost in accordance with the Code of Practice for Ecologically Sustainable Management of flying fox roosts, using the prescribed methods for management actions such as; modification of the habitat, use of foggers, smoke and birdfrite.

Adopt the draft Statement of Management Intent, which includes Council's proposed dispersal methods and details how Council will manage Flying Fox Roosts in the area."

BACKGROUND The two (2) roosts identified at Bicentennial Lakes consist of a colony of 200 to 300 little red flying fox in each. Little red flying fox form large colonies that can include over 100,000 individuals at any one time in any one area.

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Early 2013 A group around this size arrived in Mareeba and took up camp along Granite Creek. It is expected that the native trees were in blossom at the time which is what attracted the flying foxes to the area. The little red flying fox are nomadic and their movements depend on available food sources. During the six (6) month period that the little red flying fox were in the vicinity of Mareeba, there were periods when they were present for numerous weeks, then moved to another location out of the township area, then back again and so on. There was no predictability as to when and where this species group was going to locate themselves. When the dispersal permit was issued (late April), the flying fox had left the area, however, in late May they appeared again in a spot on the Barron River at the very northern end of Walsh street. As the dispersal permit was in place, Council was able to commence the dispersal activities. Dispersal methods used included a horn, siren, spraying water from a quick spray unit and limited use of Birdfrite. Initial inspection of the flying fox colony by Council officers and carers did not identify the breeding status of the flying fox and the fact that young flying fox were present. Little red flying fox are smaller than other species and the babies are not much smaller by comparison when viewing through binoculars or the naked eye at a distance. It was only on the second or third day of dispersal activities that it was recognised that there were babies present and of an age where they were not able to fly. The mother flying fox leave their babies in one or two trees (crĂ¨che trees) while she goes out for feeds or socialises with other flying fox. The mother returns to the baby during the day when the baby can climb onto her back for feeds or moving to other trees or sites. After the third day the attempt to disperse was ceased. The following week however, the flying fox left the area. The Authorised Officers conducted a thorough search and could hear a colony of flying fox in the vicinity of Plowman's crossing in Mareeba but could not visually locate them. It is expected that the flying fox would not have travelled far as the mothers would have had babies to carry on their back. No further complaints or reports of the flying fox colony were received once they moved on. November 2013 The Flying Fox colony returned to the lakes area in smaller numbers (approximately 3000 to 5000). The Authorised Officers at the time implemented dispersal methods such as Birdfrite and burning off of the grass on the island under the trees, in the hope that the smoke would move them on. The colony migrated to nearby trees in the area and roosted there for a few days. From November until January, the Flying Fox colonies moved to different areas of Mareeba. January 2014 The roosts were found to be located along Granite Creek adjacent to the bridge. The constant movement of cars and noise dispersed the colony after a week or two, not before stripping and destroying the large pine trees located around the bridge area. November 2014 Following the receipt of a recent complaint from a resident in Abbott Street, Mareeba, inspections reveal that a colony has returned and are currently roosting back in the centre island of the Lakes. Authorised Officers inspected the area and found that initially the roost contained about 200 little red flying fox. Two (2) days after the initial complaint, another colony formed with 200 to 300 flying fox roosting on nearby trees adjacent to houses in the Lakes area.

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The Flying Fox Guideline published by Department of Environment and Heritage Protection (DEHP) no longer requires Mareeba Shire Council to obtain a dispersal permit. Council is now required to notify DEHP of any proposed dispersal activities. In readiness to disperse this colony, DEHP have been advised of the presence of the colony and been notified of the possibility that they may need to be dispersed. The guideline requires local governments to notify DEHP that dispersal activities will be carried out in the next 48 hours. This notification is valid for 14 days and can be renewed at any time. The notification has been made in case the colonies significantly grow in population, creating a significant nuisance and immediate action is required. Mareeba Shire Council has been proactive in educating the public on matters related to the little red flying fox, providing information to concerned residents and providing information on Council's website for perusal. Council Officers are now licensed to discharge firearms and a stock of Birdfrite pellets have been purchased in readiness should Council wish to engage in dispersal activities. Items to be considered in conjunction with dispersal activities:  Public education and media advertising of the activity  People available to conduct the dispersal activities  Equipment required to conduct the dispersal activities  Registered carer must be available during dispersal activities  Notification to Department of Environment and Heritage Protection of dispersal activities  Budget available or reallocated to carry out the points above LINK TO CORPORATE PLAN Corporate Plan Priorities and Strategies Key Strategi Priority - Environment Goal: A natural and living environment that provides safety and enjoyment for the community and visitors. Strategies ENV 1: Prepare an appropriate planning scheme focused on sustaining good agricultural land farming land as well as encouraging population growth and protecting the natural environment. Strategies ENV 2 : Maintain a proactive response to public health and safety matters including incorporating CPTED (Crime Prevention Through Environmental Design) principles in town centres and commercial developments. CONSULTATION External Matt Brien - Wildlife Officer for Flying Fox - Department of Environment and Heritage Protection Kirsty Lamperd - Manager Regulatory Services - Tablelands Regional Council Internal Councillor Mary Graham Manager Development and Governance - Mareeba Shire Council. Coordinator Environmental Health & Local Laws Page 35

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) The necessary notification to disperse the flying foxes in the Lakes area has been made to DEHP and is current. All dispersal activities must be carried out in accordance with the Nature Conservation Act 1992, in particular the Code of Practice for Ecologically Sustainable Management of Flying Fox Roosts. Activities such as the trimming of trees (limited to 10% of the total canopy) where considered a low impact activity and needs to be carried out in accordance with the Code of Practice for Low impact activities affecting flying fox roosts. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS The cost of wages and associated oncosts for attending officers can be reallocated across budget lines if required. Birdfite pellets have been purchased and are available for use for the dispersal of flying foxes and also bird management at the aerodrome. IMPLEMENTATION/COMMUNICATION Council staff will continue to monitor the colonies at the Lakes and communicating with residents and interested parties regarding ongoing management of the colonies. Officers will also maintain communication with officers of DEHP to ensure they are kept informed about the circumstances. ATTACHMENTS 1. Draft Statement of Management Intent for Flying Fox Roost Management - Mareeba Shire Council 2. Code of Practice - Low impact activities affecting flying-fox roosts - Nature Conversation Act 1992 Queensland Government 3. Code of Practice - Ecologically sustainable management of flying-fox roosts - Nature Conversation Act 1992 Queensland Government 4. Flying-Fox Roost Management Guideline Queensland Government Date Prepared:

20 November 2014

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Attachment 1

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Attachment 2

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Attachment 3

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Attachment 4

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-4

REGIONAL ARTS DEVELOPMENT FUND (RADF) ROUND ONE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICER’S TITLE: Community Development Officer DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The Mareeba Shire Council Regional Arts Development Fund (RADF) Committee met on the 31 October to assess the five (5) funding applications received for Round 1 of the 2014/2015 RADF program. The committee also received one (1) application for a Quick Response Grant on the 21 October. The committee assessed all these applications according to the RADF key performance outcomes required and gave consideration to the priorities for the Mareeba Shire as outlined in the Arts and Cultural plan. Of the six (6) applications received, the committee recommends that four (4) projects receive funds from the RADF program and two (2) projects provide additional information to the committee and apply for funding in a future round. OFFICER'S RECOMMENDATION "That Council ratifies the recommendations made by the RADF committee to approve the following:  Debbie Robinson - "Original Songs from Kuranda" CD  Flexi Choice, Mareeba - Recycled Plastic Lids Project  Mt Molloy Artists Group - Mosaic Workshops  KTown Records - Neil Murray workshop and performance

$2,300 $750 $1,210 $750"

BACKGROUND Assessment Process Four (4) applications received were of a high standard requesting funding for some unique and diverse community projects. A summary of applications is provided below. 1. Debbie Robinson - "Original Songs from Kuranda" CD - Production and marketing of a professional artistic CD. The product will include songs using a locally made harp and the recording and CD cover will completed by Diamond Recordings in Mareeba. Debbie will promote the product via Facebook, web page and performances at festivals. The CD will be distributed to local radio stations and will focus on culture and heritage both for members of the community and visitors.

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2. Flexi Choice, Mareeba - Recycled Plastic Lids Project This project will be undertaken by the service users of Flexichoice under the guidance of Support Workers and inclusive of all people, no matter their disability. The objective is to raise awareness in the community on recycling, whilst at the same time creating an art mural that advertises the activities that Flexichoice Service users engage in. The art mediums used will include bottle caps and paint and involve all the community collecting bottle caps. The final product will be placed on the fence of the Flexichoice service and it will be their responsibility to maintain the artwork. The funding will be used for materials for the project. 3. Mt Molloy Artists Group - Mosaic Workshops This grant will contribute towards the cost of holding a one day mosaic skilling workshop with mosaic artist, Dominic Johns. It is intended that this workshop will bring together a community group to create a public artwork in the future for Mt Molloy and initiate wider community participation in the arts. This workshop will focus on developing the necessary skills in the planning, construction, implementation and maintenance of mosaic artwork. 4. KTown Records - Neil Murray workshop and performance The auspicing organisation for this project is Kuranda Amphitheatre Society Incorporated and the application was for a quick response grant. The project objective is to build community capacity in the community by hosting a singer songwriter workshop and performance by well-known Australian singer songwriter Neil Murray hosted by K Town Records, a local music group from Kuranda. The group includes many Indigenous performers with musical potential. Two (2) further applications were incomplete and the committee requested additional information prior to them being considered in a future funding round. LINK TO CORPORATE PLAN Community Communities across the area share a sense of common identity whilst retaining local diversity, and enjoy equitable access to services and facilities based on effective partnerships. CONSULTATION Internal Mareeba Shire Council RADF Committee External Arts Queensland LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil

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FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Yes IMPLEMENTATION/COMMUNICATION All applicants will be advised of the outcome of the RADF assessment process. Successful projects funded by RADF will be promoted in the media. ATTACHMENTS Nil Date Prepared: 6 November 2014

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FINANCE ITEM-5

RATING ARRANGEMENTS FOR PROPERTIES SHARING TWO BOUNDARIES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Manager Finance DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is to deal with submissions made by rate payers whose properties straddle the Mareeba Shire Council and Tablelands Regional Council boundaries. Council is required under legislation to levy Rates and Charges as per the current Revenue Statement for these properties. The valuation on property PTB L1 RP845179 is $340 and on this basis it is recommended that Council write off all Rates and Charges however for the other properties the valuation is considerably more and in their cases they be required to pay their Rates and Charges but be given the opportunity of receiving their discount. OFFICER'S RECOMMENDATION "That Council: 1. Approve the write-off of General Rates, Waste Management Levy and applicable penalties for the period 1 July 2014 to 30 November 2014 for PTB L1 RP845179; 2. Approve the write-off of Interest accrued for the period 1 July 2014 to 30 November 2014 for PTB L8 GU42, PTB L2 RP868846 and PTB L4 SP248416; 3. Provide further 30 days for properties PTB L8 GU42, PTB L2 RP868846 and PTB L4 SP248416 to pay their rates and receive applicable discounts; 4. In consultation with Tablelands Regional Council, apply to the Minster for boundary realignment based on property boundaries." BACKGROUND A number of properties within Mareeba Shire Council (MSC) share boundaries with one or more local governments. This concept is not new, and rates are calculated based on land valuations provided by the Department of Natural Resources and Mines (DNRM). With the recent de-amalgamation and a review of DNRM's valuation records, five (5) properties sharing a boundary with Tablelands Regional Council (TRC) have recently been issued with a valuation for the first time.

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The Local Government Act and associated Regulations require Council's to levy rates based on DNRM valuations. Further to this, our Revenue Statement determines the charges to be applied, including minimum rates and rate in the dollar for each category. The five (5) properties in question all share a boundary with TRC, however one (1) of these properties has been levied based on its' land use as Rural Residential (Category M), while the remaining four (4) are Primary Production (Category F). The four (4) properties classified as Category F have not paid their rates (these outstanding balances include the EMFR levy in addition to general rates). There are an additional 22 properties within MSC that share boundaries with other local governments. There have not been any changes to the practices of rating for these properties. Notwithstanding legislative limitations, direction is now sought by Council in terms of current and future rating arrangements. LINK TO CORPORATE PLAN GOV1: Develop and achievable long term financial plan that underpins Council's long-term financial sustainability. CONSULTATION Internal Chief Executive Officer Director Corporate and Community Services Rates Coordinator External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Based on the valuations provided by the Department of Natural Resources and Mines, properties will continue to be levied as per the Mareeba Shire Council Revenue Statement 2014/15. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil

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IMPLEMENTATION/COMMUNICATION Affected property owners will be advised of Council's decision once determined. ATTACHMENTS Nil Date Prepared:

24 November 2014

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ITEM-6

Wednesday 03 December 2014

TOURISM KURANDA MOTOR VEHICLE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Engagement Officer DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY It is recommended that Council purchases a suitable vehicle for the use of the Tourism Kuranda Executive Officer. This vehicle will be funded by Tourism Kuranda through the Tourism Kuranda special rate. As part of the 2013/14 Tourism Kuranda Strategic Plan, Tourism Kuranda committee identified an opportunity to purchase/lease a vehicle, completely badged with Tourism Kuranda branding to market Kuranda regionally. OFFICER'S RECOMMENDATION "That Council endorse the recommendation of the Tourism Kuranda Advisory Committee and purchase a suitable vehicle for use by the Tourism Kuranda Executive Officer with all associated costs to be met by the Tourism Kuranda special rate." BACKGROUND The Tourism Kuranda Executive Officer drives over 10,000 km per annum delivering Tourism Kuranda brochures throughout the region as per the Tourism Kuranda Strategic Plan 2013/14 and 2014/15. Tourism Kuranda has reimbursed the Executive Officer for the use of a private vehicle for the financial year 2013/2014. Council has provided a suitable fleet vehicle from 3 September 2014 to the Executive Officer. Tourism Kuranda have researched and discussed Tourism Kuranda strategic vehicle options, including purchase, leasing and branding since the 18 June 2013 Tourism Kuranda meeting as a more cost efficient option to reimbursing for personal vehicle use. The Tourism Kuranda Committee also recommended the vehicle be badged with Tourism Kuranda's branding to act as a "driving billboard" and promote Kuranda village to the local market (similar to the Trans North Kuranda/Cairns bus). Council officers have actively reviewed options for the Tourism Kuranda vehicle from August 2014 and provided recommendations to Tourism Kuranda regarding suitable vehicles, pricing, indicative hire rates, running costs and fringe benefit tax.

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Three (3) quotations have been sourced from local dealers, based on an annual use of 15,000 km, for Tourism Kuranda's consideration. Of these, the most suitable vehicle option is a Toyota Corolla (4 cylinder) with an upfront purchase price of $19,573. In line with Council policy, the vehicle will be turned over every three to five years. Based on this advice, at the 18 November 2014 Tourism Kuranda meeting, the Committee recommended to Council that a Toyota Corolla be purchased for the use of the Executive Officer. The Committee endorsed that all purchase and associated costs including vehicle branding, leasing, servicing, registration, tyres, fuel and insurance would be funded by Council from the Tourism Kuranda operating budget. The Committee also agreed to bear the home garaging cost of fringe benefit tax from the Tourism Kuranda operating budget due to the limited options for safe and convenient garaging in Kuranda. The vehicle will not be used for personal use, consistent with the current policy that applies to other Council officers. LINK TO CORPORATE PLAN ECON 2: In partnership with local business, industry groups and economic and regional development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new businesses and industries. CONSULTATION Internal Chief Executive Officer Director Corporate and Community Services Manager Community Wellbeing Finance Manager Senior Executive Officer Coordinator Fleet and Workshop Tourism Kuranda Committee External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Toyota Corolla - $19,573.00 upfront purchase cost

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Operating Toyota Corolla - estimated $8,303.62 annual cost including FBT Is the expenditure noted above included in the 2014/2015 budget? The Capital expenditure was not included in the 2014/15 budget however the operating costs form part of the Tourism Kuranda budget. If not you must recommend how the budget can be amended to accommodate the expenditure The funding will be sourced from the current fleet replacement budget. The whole of life costs for the vehicle will be fully funded by Tourism Kuranda. IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Nil

Date Prepared:

24 November 2014

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-7

UPDATE REPORT ON REQUEST REGARDING MACKAY SUGAR EXTENDED B-DOUBLE ROUTE ACCESS WITHIN MAREEBA SHIRE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Technical Officer, Projects Investigations DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY To inform Council of the performance of Mackay Sugar B-Double operations and any issues associated with extended B-Double access on additional local road routes approved at the 4 June 2014 Council workshop. OFFICER'S RECOMMENDATION "That Council receive and note the progress report in relation to extended trial access to B-Double routes to support Mackay Sugar harvesting and transport operations." BACKGROUND Council Officers have continued to periodically monitor Mackay Sugar cane hauling operations on additional local roads approved for B-Double cane hauling access under the provisions of the Heavy Vehicle National Law (HVNL). Occasional targeted oversight has been conducted to ensure QUBE compliance with operating conditions applying to roads approved for three (3) month trial access, NHVR Permit 4538. Since Council's initial approval of the three (3) month B-Double trial on additional local road routes, the trial period has expired, with Mackay Sugar applying for a three (3) year permit continuation through the National Heavy Vehicle Regulator (NHVR). fficers refused the three (3) year Mackay Sugar extension request and consented to an additional three (3) month extension to the initial trial period, effectively making the trial a six (6) month trial applying for the duration of the 2014 cane crushing season. Council's approval of the extended B-Double routes has meant that QUBE's reliance on the problematic Mulligan Highway bin stands at the edge of industrial area on the northern side of Mareeba has been significantly reduced. Operations at the breakdown, hitching stands

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prompted an increase in complaints from the public in regards noise and dust issues and also highlighted inadequacies associated with the Mulligan Highway exit and entry of the slow and turning heavy vehicle combinations. Council Officers intend to assess Mackay Sugar B-Double operations and general operating performance at the end of the 2014 cane season and report to Council seeking further direction in relation to future approval of ongoing Mackay Sugar B-Double access referrals to local roads. Mackay Sugar has advised Council that the 2014 season is scheduled to finish on 5 January 2015 dependant on prevailing weather conditions. B-Double access to Fichera and Lockwood Roads has been approved with the utilisation of motion activated traffic lights to control the single lane flow of traffic through the area of concern at the Tinaroo Creek bridge and its approaches on Fichera Road. B-Double access was initially refused due to a combination of poor horizontal and vertical geometry at the approaches to the Tinaroo Creek bridge. Approval of B-Double access to Fichera and Lockwood Roads is conditional on Mackay Sugar conducting dust suppression watering of the gravel section of Lockwood Road. On Permit 3708 the continuation of the original Mackay Sugar permit that has been in operation for a number of years, Department Transport Main Roads (DTMR) have approved B-Double access on the Kennedy Highway between Mareeba and the Davies Creek Road intersection. While Mackay Sugar have approval to travel on this section of the Kennedy Highway between Mareeba and Kuranda officers remain uncertain of DTMR position in regard B-Double operations between Mareeba and Kuranda as there appears to be observed anomalies in the pattern of general B-Double operations. This includes the utilisation of unofficial hitching pads at the Speewah Road turn-off and the Palm Valley Road intersection to facilitate B-Double freight transport out of Cairns, after traversing the Kuranda Range as single semi-trailers. It is proposed that Council Officers initiate correspondence with the Department of Transport and Main Roads to seek clarification of TMR's position on B-Double operations on the Kennedy Highway between Kuranda and Mareeba. LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Technical Services Group External Mackay Sugar QUBE Logistics

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS Nil Date Prepared:

24 November 2014

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ITEM-8

Wednesday 03 December 2014

CHILLAGOE AERODROME - CASA NON-COMPLIANCE NOTICES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Coordinator Technical Services DEPARTMENT:

Infrastructure Services, Technical Services

EXECUTIVE SUMMARY An audit by Civil Aviation Safety Authority (CASA) was carried out on the Chillagoe Aerodrome on 24 October 2013. The audit resulted in three (3) Non-Compliance Notices (NCN) being identified and issued to Council on 12 December 2013. Since then one (1) has been rectified leaving two (2) outstanding NCN's. They are; -

The substandard solar charged battery powered illuminated wind direction indicator (IWDI)

Scouring along the Western side of the runway

These NCN's have been raised due to non-compliance with the standards nominated within the Manual of Standards (MOS) Part 139 - Aerodromes and therefore correction action must be taken. A cost of $100,000 has been estimated to rectify these NCN's in order for them to comply with the standards. OFFICER'S RECOMMENDATION "That Council approve and authorise funding from savings in the capital works program to undertake the replacement of the existing illuminated wind direction indicator (IWDI) at the southern end of runway 17/35 at the Chillagoe Aerodrome and also carry out Civil Works to re-profile existing drainage." BACKGROUND An audit by Civil Aviation Safety Authority (CASA) was carried out on the Chillagoe Aerodrome on 24 October 2013. The audit resulted in three (3) Non-Compliance Notices (NCN) being identified and issued to Council on 12 December 2013.

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Since then one (1) has been rectified leaving two (2) outstanding NCNs. They are: NCN Ref No. 708070 The solar charged battery powered illuminated wind direction indicator (IWDI) located at the Southern end of runway 17/35 is not in accordance with the standards nominated within the Manual of Standards (MOS) Part 139 - Aerodromes. Australian Airport Lighting have recently connected mains power and associated switching to the generator shed located at the aerodrome and as part of Council's response to the non-compliance, it is proposed to replace the IWDI located at the Southern end of runway 17/35, with one that meets standard and connect mains power. A cost of $50,000 was estimated to do this work. NCN Ref No. 708090 The runway strip has scouring along the western side at the northern end of runway 17/35. The scouring is in excess of that permitted to achieve runway strip smoothness. Scours to a depth of 150 mm were observed. The Technical Services Section investigated the scouring that has occurred on the Western side of the runway strip. Survey has been undertaken and a design has been prepared with a preliminary cost of $50,000 estimated to re-profile the existing drain in order to provide sufficient drainage for the runway and flatter grades adjacent to the runway. This will minimise the occurrence of scouring in the future. NCN Ref No. 708083 The obstacle limitation surface has not been protected to the standards set within the Manual of Standards (MOS) Part 139 - Aerodromes. MOS Table 7.1-1 Approach Runways, nominates that an instrument non-precision Code 1 runway maintains an obstacle free slope of 3.33%. The approach for runway 17 is infringed by trees creating a surface in excess of 4%. The trees that infringed the obstacle free slope zone have since been removed, which means this non-compliance has been rectified. It is proposed to fund these works from savings within the current Capital Works program. Namely: -

$50,000 from potential savings in the Reseal Program. Currently it is estimated that there will be a surplus of between $200,000 to $300,000 to deliver the full reseal program. The exact amount will depend on the extent of preparation works required prior to the commencement of reseals, which is currently programmed for early 2015 weather permitting.

$35,000 from Mareeba Aerodrome new Hanger Pads. Due to the extent of fill required for the three hanger pads, it is unlikely the current funding will be sufficient to undertake this work. As Council is currently investigating funding options for a larger development of the Mareeba Aerodrome it is suggested these funds be redirected to Chillagoe to address the immediate issues raised by CASA.

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$15,000 from Rural Grids. There is $50,000 allowed for in the budget to replace unsafe rural grids, however to date there has been no requirement to remove any grids. It is believed that $35,000 will be sufficient to address any grid removal for the remainder of this financial year.

LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Manager Technical Services Manager Works Senior Designer Aerodrome Reporting Officer External Civil Aviation Safety Authority (CASA) LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Should Council choose not to rectify the two remaining NCN's then it will be in breach of the CASA standards and will likely incur the raising of a Notice to Airman (NOTAM) restricting usage of the aerodrome. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The estimated cost to rectify both NCN's is $100,000. Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Recommend this work be funded from savings within the Capital Works program. Namely Reseal Program ($50,000), Rural Grid Replacement ($15,000) and Mareeba Aerodrome New hanger Pads ($35,000).

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IMPLEMENTATION/COMMUNICATION CASA have requested they be advised of outcome of the decision by Council. ATTACHMENTS 1. 2.

NCN Reference No. 708070 - Photograph of windsock NCN Reference No. 708090 - Photograph of scouring along the western side at the northern end of runway

Date Prepared:

24 November 2014

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ATTACHMENT 1

Figure 1 - NCN Ref No. 708070

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ATTACHMENT 2

Figure 2 - NCN Ref No. 708090

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WATER & WASTE ITEM-9

MAREEBA WASTEWATER TREATMENT PLANT APPROVAL OF TRANSITIONAL ENVIRONMENTAL PROGRAM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Environmental Compliance Officer DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY Mareeba Shire Council (Council) has received a Decision Notice to Approve a Draft Transitional Environmental Program (Approval Notice) from the Department of Environment and Heritage Protection (DEHP) for the refurbishment of the Mareeba Wastewater Treatment Plant (WWTP). The Approval approves the actions and timeframe nominated by Council to transition to compliance with its Environmental Authority and affords executive liability protection during the term of the program. In a previous meeting, Council received and committed to the detail of the draft Transitional Environmental Program (TEP). Now approved, the TEP will remain in force until 17 November 2017. Milestones must be achieved and progress reported to DEHP periodically. OFFICER'S RECOMMENDATION "That Council receive the Decision and Approval Notice issued by DEHP and note that the approval now allows Council to refurbish the Mareeba Wastewater Treatment Plant as planned." BACKGROUND Council developed a new way forward to achieve its objective in improving its wastewater treatment process and environmental performance at the Mareeba WWTP. Council committed to refurbishing the existing STP to achieve and exceed the conditions of the current Environmental Authority through the Transitional Environmental Program provisions of the Environmental Protection Act 1994. The TEP outlines the objectives, actions, milestones and reporting dates to transition to compliance with the existing Environmental Authority. It details the process of engaging a suitably qualified person to prepare process treatment design, geotechnical assessment and civil engineering construction plans, financial modelling, construction and defects liability period.

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The TEP contains the following performance indicators, milestones and reporting dates: Performance Indicators Completion of process design brief, geotechnical and construction plans. Completion of financial modelling for remainder of works. Completion of EIMP design. Completion of packaged Inlet works documentation. Implementation of EIMP Tender and start construction Construction Completion Construction Operation and start verification testing End of defects liability & verification testing

Date 27 April 2015

Responsibility Director Infrastructure Services

DEHP Report Date April 2015

27 April 2015

Director Infrastructure Services

April 2015

27 March 2015 30 June 2015

Director Infrastructure Services Director Infrastructure Services

April 2015 September 2015

01 July 2015 30 August 2016 December 2016 Jan 2016

Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services Director Infrastructure Services

September 2015 September 2015 March, Sept, Dec 2016 December 2016 March 2017

December 2017

Director Infrastructure Services

November 2017

Table 1: Draft TEP performance indicators, milestones, responsibilities and reporting dates. On 17 November 2014, DEHP decided to approve the draft TEP with conditions. The conditions attached to the Approval Notice relate to interpretation issues and reiterates particular commitments made in the TEP documentation. An annual return and payment is due within 22 business days after the anniversary date each year. The anniversary date is 16 November. LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Director Infrastructure Services Manager Water and Waste Environmental Compliance Officer Engineer Water and Waste Supervisor Water and Wastewater Technical Project Officer External Department Environment Heritage Protection LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Contravention of an approved Transitional Environmental Program attracts severe penalties. A maximum of 1665 penalty units or 2 years imprisonment may be applied to this offence.

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POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The approval of this draft TEP by Council has significant capital implications for Council associated with the refurbishment of the WWTP. This will be the subject of a further report to Council following completion of the process design phase and may result in an application to DEHP to vary the Transitional Environmental Program. Operating A review of the Operations and Maintenance Manual maintenance tasks and frequency will be undertaken in the near future. This review may identify areas of operational implication. Is the expenditure noted above included in the 2014/2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION The TEP was approved subject to conditions. Of particular note is the condition requiring the management of the Mareeba Sewage Treatment Plant activities in accordance with its Operation and Maintenance Manual. Progress with implementation of the program will be the subject of further reports to Council. Progress reports, as required by the Approval Notice, will be sent to DEHP by the nominated timeframes in Table 1 of this report. Key Infrastructure Services staff have been briefed. ATTACHMENTS 1.

DEHP Decision to (ECM # No. 3015758)

Date Prepared:

Approve

Draft

24 November 2014

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Transitional

Environmental

Program.

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CHIEF EXECUTIVE OFFICER

ITEM-10

PETITION KURANDA HOMEMADE TROPICAL FRUIT ICECREAMS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICER’S TITLE: Chief Executive Officer DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY This report introduces a petition which was delivered to Council on 21 November 2014 from Mr and Mrs Cliff Timmins of Kuranda Homemade Tropical Fruit Icecreams. OFFICER'S RECOMMENDATION "That Council receive the petition and refer it to the CEO for consideration and a report to a future meeting." BACKGROUND In terms of Council’s Standing Orders Council has three (3) options with regard to petitions that are tabled and these are: 1. The petition be received and consideration stand as an order of the day for the meeting; or for a future meeting; or 2. Petition be received and referred to a committee or officer for consideration and a report to the local government; or 3. The petition not be received. The petition meets the requirements as per the Standing orders, in that it is legible and has more than 10 signatures. Mr & Mrs Timmins operate a business called Kuranda Homemade Tropical Fruit Icecream from a small red cart next to the Original Kuranda Markets on Therwine Street, Kuranda. Their presence has been felt by Kuranda for the past 22 years in this location. The cart operates from a parking bay on Therwine Street and has water and power connected. Mr & Mrs Timmins pay a fee to Council for the use of the parking bay. The Kuranda Infrastructure Advisory Committee are currently embarking on a project to upgrade Therwine Street and as a result Mr & Mrs Timmins have been advised that their cart is to be relocated for these works to occur. There has, at this point in time, been no

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discussion regarding an alternative placement of the cart or agreement for the cart to return to its' current location on completion of the Therwine Street upgrade. Mr and Mrs Timmins have taken a petition for "Mareeba Shire Council to find a temporary location for the Kuranda Homemade Tropical Fruit Icecream Van during roadworks, and reinstate Cliff to his original position on completion of said roadworks." LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Councilâ&#x20AC;&#x2122;s assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Mayor Tom Gilmore Councillor Alan Holmes Chief Executive Officer Director Corporate and Community Services External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil IMPLEMENTATION/COMMUNICATION Mr & Mrs Timmins will be notified of Council's decision. ATTACHMENTS 1.

The first page of the completed petition is attached, the balance of the document is available for inspection.

Date Prepared:

24 November 2014 Page 96

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ORGANISATIONAL DEVELOPMENT ITEM-11

REPORTING FUNCTIONS OF THE ORGANISATIONAL STRUCTURE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

3 December 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Chief Executive Officer DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY This reports sets out the reporting functions of the Organisational Structure as a result of recent staff movements. OFFICER'S RECOMMENDATION "That Council endorse the new reporting functions of the Organisational Structure as outlined." BACKGROUND Council adopted the Organisational Structure for the new Mareeba Shire Council on 15 January 2014 and further passed a resolution amending the Corporate Structure on 7 May 2014 to reduce the number of Departments from three (3) to two (2) and reduce the full time equivalents (FTE) by 12. Through ongoing review of the structure and re-assessment of operational requirements, on 3 September 2014 Council accepted Voluntary Separations for six (6) employees, of which five (5) accepted. This reduction in employee numbers has created opportunities for further review of the reporting functions which has resulted in re-allocation of tasks relating to Land and Facilities. The amended Corporate Structure adds Land and Lease Administration to the Development and Governance area, adds Facilities Management to the Technical Services area and removes Land and Facilities from the Community Wellbeing area. The new Corporate Structure with reporting functions is attached below. LINK TO CORPORATE PLAN GOV6 - Conduct periodic review of organisational structure and resourcing, with reassessment of establishment requirements according to agreed service levels.

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CONSULTATION Internal Director Infrastructure Services Director Corporate & Community Services Senior Management Team External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Compliance with Industrial Relations legislation and employment instruments POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Potential savings may arise from this restructure IMPLEMENTATION/COMMUNICATION Operational reporting changes have been communicated to affected staff ATTACHMENTS 1. Mareeba Shire Council Corporate Structure Date Prepared:

21 November 2014

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