Ordinary Meeting Council Chambers Date: 4 February 2015 Time: 9:00am
AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 04 FEBRUARY 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.
PETER FRANKS CHIEF EXECUTIVE OFFICER
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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 DEPUTATIONS AND DELEGATIONS CORPORATE AND COMMUNITY SERVICES ............................................................................... 5 REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 Application for Purchase of Unallocated State Land - Lot 489 on CP850053, Parish of Tinaroo ...................................................................................................... 5 ITEM-2 Application for Conversion of Term Lease to Freehold - Lot 470 on HG650, Parish of Masterton ................................................................................................ 13 ITEM-3 Application for Conversion of Term Lease to Freehold - Lot 200 on SP108025, Parish of Formartine ............................................................................................... 19 ITEM-4 Application for Conversion of Pastoral Lease to Freehold - Lot 4513 on PH1727, Parish of Cudgee ..................................................................................... 27 FINANCE .................................................................................................................................. 35 ITEM-5 Realignment of Boundaries .................................................................................... 35 ITEM-6 Speewah Digital TV Levy ....................................................................................... 41 GOVERNANCE AND COMPLIANCE ........................................................................................ 43 ITEM-7 Operational Plan Quarterly Assessment December 2014 ....................................... 43 ITEM-8 Development and Governance Quarterly Report .................................................... 53 INFRASTRUCTURE SERVICES .................................................................................................. 65 TECHNICAL SERVICES ........................................................................................................... 65 ITEM-9 Improvement of Tenure - Lot 481 on CP896893 and Lot 447 on NR5117 Cobra Road, Mareeba ............................................................................................ 65 CHIEF EXECUTIVE OFFICER ..................................................................................................... 73 PETITION.................................................................................................................................. 73 ITEM-10 Anzac Avenue and Herberton Street Petition .................................................... 73 BUSINESS WITHOUT NOTICE .................................................................................................... 79 NEXT MEETING OF COUNCIL .................................................................................................... 79
Page 3
Mareeba Shire Council - Agenda
Page 4
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1
APPLICATION FOR PURCHASE OF UNALLOCATED STATE LAND - LOT 489 ON CP850053, PARISH OF TINAROO
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’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 purchase of unallocated state land described as Lot 489 on CP850053, Parish of Tinaroo, situated at Bowers Street, Mareeba. The subject land is currently used in conjunction with the earthmoving and raw materials business established on adjoining Lot 374 on SP137296. It is proposed that this use continue if the land is purchased. DNRM seeks Council's views on the proposed land purchase 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 purchase of unallocated state land described as Lot 489 on CP850053, 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." BACKGROUND DNRM is currently considering an application for the purchase of unallocated state land described as Lot 489 on CP850053. Lot 489 has an area of approximately 10,700 square metres and is located on Bowers Street (the entrance to the Mareeba Industrial Park), immediately to the west of Tableland Earthmoving and Raw Materials depot. The land is currently used in conjunction with the adjoining earthmoving and raw materials business. There are no improvements on the subject land.
Page 5
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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.
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.
Page 6
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
DNRM seeks Council's views on the proposed land purchase 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 land is zoned Noxious, Offensive and Hazardous Industry under the Mareeba Shire Planning Scheme 2004. The future redevelopment of the subject land for an industrial purpose is highly likely and would be consistent with the present zoning. In the interim, there is no objection to the continuation of the informal use in conjunction with the adjoining earthmoving and raw materials business. 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 If not you must recommend how the budget can be amended to accommodate the expenditure Nil
Page 7
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.
Department of Natural Resources and Mines letter of 22 January 2015
Date Prepared:
22 January 2015
Page 8
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
ATTACHMENT 1
Page 9
Mareeba Shire Council - Agenda
Page 10
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 11
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 12
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
ITEM-2
Wednesday 04 February 2015
APPLICATION FOR CONVERSION OF TERM LEASE TO FREEHOLD - LOT 470 ON HG650, PARISH OF MASTERTON
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’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 conversion of Term Lease 215469 over land described as Lot 470 on HG650, Parish of Masterton to freehold. Should the conversion be successful, it is proposed that the existing 'rural residential' (rural living) purpose continue. DNRM seeks Council's views on the conversion 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 conversion to freehold of the term lease over land described as Lot 470 on HG650, Parish of Masterton 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." BACKGROUND DNRM is currently considering an application for the conversion to freehold of Term Lease 215469 over land described as Lot 470 on HG650, Parish of Masterton. The subject land has an area of 251 hectares and is located on Boonmoo Road approximately 7 kilometres south-west of the Dimbulah township. The land is currently used for rural living purposes and is improved by a dwelling house, numerous sheds and a large dam. It is expected that the current use will continue if the conversion is successful. The majority of the land remains vegetated. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.
Page 13
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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.
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.
Page 14
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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 under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for 'rural residential' (rural living) purposes. 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 If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.
Department of Natural Resources and Mines letter of 21 January 2015
Date Prepared:
22 January 2015
Page 15
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
ATTACHMENT 1
Page 16
Mareeba Shire Council - Agenda
Page 17
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 18
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
ITEM-3
Wednesday 04 February 2015
APPLICATION FOR CONVERSION OF TERM LEASE TO FREEHOLD - LOT 200 ON SP108025, PARISH OF FORMARTINE
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’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 conversion of Term Lease TL211633 over land described as Lot 200 on SP108025, Parish of Formartine to freehold. Should the conversion be successful, it is proposed that the land be used for grazing purposes. DNRM seeks Council's views on the conversion 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 conversion to freehold of the term lease over land described as Lot 200 on SP108025, Parish of Formartine 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." BACKGROUND DNRM is currently considering an application for the conversion to freehold of Term Lease TL211633 over land described as Lot 200 on SP108025, Parish of Formartine. The subject land has an area of 45.34 hectares and is located on Hume Road approximately 2 kilometres north-west of the Biboohra township. The land is currently used for grazing purposes and it is expected that this use will continue if the conversion is successful. The land remains vegetated and apart from a 1 hectare dam, there are no notable improvements on the land. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.
Page 19
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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.
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.
Page 20
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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 under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. 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 If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.
Department of Natural Resources and Mines letter of 16 January 2015
Date Prepared:
21 January 2015
Page 21
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
ATTACHMENT 1
Page 22
Mareeba Shire Council - Agenda
Page 23
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 24
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 25
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 26
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
ITEM-4
Wednesday 04 February 2015
APPLICATION FOR CONVERSION OF PASTORAL LEASE TO FREEHOLD - LOT 4513 ON PH1727, PARISH OF CUDGEE
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’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 conversion of Pastoral Holding PH4513 over land described as Lot 4513 on PH1727, Parish of Cudgee to freehold. Should the conversion be successful, it is expected that the land would be used for grazing purposes. DNRM seeks Council's views on the conversion 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 conversion to freehold of Pastoral Holding PH4513 over land described as Lot 4513 on PH1727, Parish of Cudgee 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." BACKGROUND DNRM is currently considering an application for the conversion to freehold of Pastoral Holding PH4513 over land described as Lot 4513 on PH1727, Parish of Cudgee. The subject land has an area of 9,790 hectares and is centred around the locality of Font Hill, approximately 9 kilometres west of Mount Molloy. The land has extensive frontage to the southern bank of the Mitchell River and remains heavily vegetated. The land is accessed via Bakers Road. The land is used for grazing purposes and infrastructure to facilitate this use is found throughout. There are no known buildings established on the subject land. Should the conversion application be successful, it is proposed that the land continue to be used for cattle grazing purposes.
Page 27
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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.
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.
Page 28
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
DNRM seeks Council's views on the conversion 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 under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. 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. ATTACHMENTS 1.
Department of Natural Resources and Mines letter of 16 January 2015
Date Prepared:
21 January 2015
Page 29
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
ATTACHMENT 1
Page 30
Mareeba Shire Council - Agenda
Page 31
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 32
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 33
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 34
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
FINANCE ITEM-5
REALIGNMENT OF BOUNDARIES
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT:
Corporate and Community Services
EXECUTIVE SUMMARY Mareeba Shire Council and Tablelands Regional Council have been contacted by a number of ratepayers whose properties are dissected by the boundary line between the two local government areas since de-amalgamation. The owners are concerned about the additional financial hardship this causes by duplication of levies and the impact of minimum general rates in some circumstances. Some of the owners have requested the Councils undertake a review to find a more equitable way to levy the rates in these circumstances. OFFICER'S RECOMMENDATION "That Council work with Tablelands Regional Council and jointly apply to the Minister for Local Government Community Resilience and Recovery for a boundary realignment: i. Fully to Tablelands Regional Council local government area lots: a. 2 on RP868846 b. 9 on GU44 c. 1 on RP845179 d. 8 on GU42 e. 4 on SP248416 f. 3 on RP845178 g. 154 on OL32 h. 137 on OL31 ii. Fully to Mareeba Shire Council local government area lot: a. 250 on SP116768." BACKGROUND Mareeba Shire Council (MSC) and Tablelands Regional Council (TRC) have been contacted by a number of ratepayers whose properties are dissected by the boundary line between the two local government areas since de-amalgamation. The owners are concerned about the additional financial hardship this causes by duplication of levies and the impact of minimum general rates in some circumstances. Some of the owners have requested the Councils undertake a review to find a more equitable way to levy the rates in these circumstances.
Page 35
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
At the ordinary meeting held on 3 December 2014, Council resolved: "That Council: 1. ‌ 4. In consultation with Tablelands Regional Council, apply to the Minster for boundary realignment based on property boundaries." Minister Crisafulli wrote to the Mayor on 24 September 2014 (included in noted correspondence 2/10/2015) and advised that any voluntary changes to electoral arrangements must be submitted to him by 1 March 2015. A change to a Local Government must be made by a recommendation from the Change Commission to the Governor in Council. Only the Local Government Minister may propose a change to the Change Commission. The decision of the Change Commission under this division of the LGA is not subject to appeal. Section 17(2)(a) of the Local Government Act 2009 (LGA) lists "the boundaries of a local government area" as one of the changes that may be made under Part 3 of the LGA. Staff of both Councils met in early January to discuss the way forward. On review of the properties over the boundaries there are a number of properties where the majority of the land area is in one local government with a small proportion in the other local government area. On this basis it is recommended that the Council apply to the Minister jointly with Tablelands Regional Council for these properties to be fully within the boundaries of the Local Government that contains the majority area. These are: 1. Fully to Tablelands Regional Council Lot on Plan Lot 2 RP868846 Lot 9 GU44
Owner Cowe "Granite Springs" Nastess
Lot 1 RP845179 Henry "Sugar Bag" Lot 8 GU42 Atkinson R & N "Pinnarendi" Lot 4 SP248416 Atkinson T "Minnamoolka" Lot 3 RP845178 Santarossa Lot 154 OL32
O'Shea
Lot 137 OL31
Scott
Address Kennedy Hwy Minnamoolka Kennedy Hwy Minnamoolka Kennedy Hwy Mt Garnet Kennedy Hwy Minnamoolka Kennedy Hwy Mt Garnet Kennedy Hwy Gunnawarra Kennedy Hwy Gunnawarra Gingerella Rd Mt Garnet
Page 36
TRC Ha 3,092.96
MSC Ha 73.11
456.1
36.3
22,720
40.15
1,498.8
72.2
16,523.77
46.23
1,000
762
5,200
3,800
4,430
6,470
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
2. Fully to Mareeba Shire Council Lot on Plan Lot 250 SP116768
Owner Matthews "Blue Range"
Address Kennedy Hwy Gunnawarra
TRC Ha 540
MSC Ha 48,260
The transfer of land for this reason is not subject to State tax under the Duties Act 2001. 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 Corporate and Community Services Rates Co-ordinator/Technical Officer Chief Executive Officer External Carol Trost - Executive Manager Finance (TRC) Victor Maccarone - Acting Executive Manager Finance (TRC) Janice Barkworth - Financial Accountant (TRC) Deborah Paradise & Allie McGregor - Acting Supervisor Rates (TRC Rates and Revenue Officer) Matthew Hyde - Deputy CEO (TRC) Ian Church - CEO (TRC) LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) The recommendation conforms with the legislative requirements under the Local Government Act 2009, Local Government Regulation 2012 and the Local Government Electoral Act 2011. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Loss of rates revenue of approximately $10,900 Is the expenditure noted above included in the 2014/2015 budget? Nil Page 37
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
IMPLEMENTATION/COMMUNICATION Following Councils resolution on the matter the writer will confirm the resolution and provide a copy of the Council report to each affected landholder. ATTACHMENTS 1.
Map of proposed boundary change
Date Prepared:
22/01/2015
Page 38
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
ATTACHMENT 1
Page 39
Mareeba Shire Council - Agenda
Page 40
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
ITEM-6
Wednesday 04 February 2015
SPEEWAH DIGITAL TV LEVY
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT:
Corporate and Community Services
EXECUTIVE SUMMARY The purpose of this report is to request Council approve the exemption of five properties in the Speewah Digital TV Benefited Area that do not receive any benefit from the TV transmitter. OFFICER'S RECOMMENDATION "That Council exempt the following five properties from the Speewah Digital TV Benefited Area charge from 1 July 2014; 1. Lot 64 RP 731085 2. Lot 60 RP 731085 3. Lot 54 RP 738468 4. Lot 50 RP 738468 5. Lot 3 SP 218099." BACKGROUND As part of the 2014/15 budget adopted on 2 July 2014, a Special Charge for the Speewah Digital TV Benefited Area was created for a period of two years. This annual special charge of $43.10 was levied on rateable properties that fell within this area for the purpose of funding the digital TV upgrade. 329 properties were levied, based on the same properties that were charged two years ago. 22 complaints were received from ratepayers who advised they receive no signal from the tower or the quality of the reception. Council's Facilities Officers have been in regular discussions with local Bob Madden and NCOM regarding the reception issues. On 17 December 2014, Tableland Antenna Services checked the reception from the roadside for the 22 properties that had complained. From this, it was identified that five properties did not receive any signal at all. The remaining properties did receive signal, however the quality of the channels (apart from Channel 10) were not of a standard quality. NBN is in the process of putting up a new 60 metre tower which may correct some of the reception issues.
Page 41
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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 Corporate and Community Services Rates Co-ordinator/Technical Officer Facilities Officer External NCOM Bob Madden Tableland Antenna Services LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil IMPLEMENTATION/COMMUNICATION The five (5) properties will be refunded and exempt from future charges until such time they are able to receive signal. ATTACHMENTS 1.
Nil
Date Prepared:
21/01/2015
Page 42
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
GOVERNANCE AND COMPLIANCE ITEM-7
OPERATIONAL PLAN DECEMBER 2014
MEETING:
Ordinary
MEETING DATE:
4 February 2015
QUARTERLY
ASSESSMENT
REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT:
Corporate & Community Services
EXECUTIVE SUMMARY In accordance with section 174(3) of the Local Government Regulation 2012, the Chief Executive Officer must present a written assessment of the local government's progress towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months. The attached report provides advice on progress in implementing the 2014/15 Operational Plan for the October to December 2014 quarter. OFFICER'S RECOMMENDATION "That Council receive and note the progress report on implementation of the 2014/15 Operational Plan for the October to December 2014 quarter." BACKGROUND The Local Government Regulation 2012 provides that a local government must prepare and adopt an annual operational plan for each year. The Operational Plan is a statement of specific works to be undertaken and services to be provided in order to progress the goals and objectives set out in a Council's Corporate Plan over a period of one year. The Chief Executive Officer must present a written assessment of the local government's progress towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months. The 2014/15 Operational Plan was adopted by Council at its meeting held on 2 July 2014. The attached document provides a progress report on what action has been taken up to and including the October to December 2014 quarter with respect to the items and projects listed in the Operational Plan.
Page 43
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
LINK TO CORPORATE PLAN The Operational Plan details those items or projects that can be carried out within a 12 month budget period to progress the goals and objectives set out in the Council's Corporate Plan and is therefore relevant to all strategies contained within the Corporate Plan. CONSULTATION Internal Director Corporate & Community Services Director Infrastructure Services All Managers External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) It is a statutory requirement for an assessment of progress in implementing the Operational Plan to be presented to Council at least on a quarterly basis. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil ATTACHMENTS 1.
Operational Plan 2014/15 - Quarterly Assessment - 31 December 2014.
Date Prepared:
23 January 2015
Page 44
Mareeba Shire Council - Agenda
Page 45
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 46
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 47
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 48
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 49
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 50
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 51
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 52
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
ITEM-8
DEVELOPMENT REPORT
AND
Wednesday 04 February 2015
GOVERNANCE
QUARTERLY
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’S TITLE: Manager Development and Governance DEPARTMENT:
Corporate and Community Services
EXECUTIVE SUMMARY This report presents the key activities and achievements of the Development and Governance Group for the October - December 2014 quarter. OFFICER'S RECOMMENDATION "That Council receive and note the quarterly report of the Development and Governance Group for October to December 2014." BACKGROUND The Development and Governance Group is comprised of the following Council service areas: Governance and Compliance Building and Plumbing Regional Land Use Planning Local Laws and Environmental Health Highlights and Significant Issues Nil
Governance and Compliance Some of the main issues dealt with by the Governance and Compliance section during the quarter were as follows: Taking over of responsibility for Land & Lease Management, Mareeba Aerodrome and Mareeba Industrial Park. A number of issues have been progressed including: Chillagoe Industrial Estate lease enquiries and possible sale of lots in the Estate; Mareeba Industrial Park lease enquiries, reconfiguration and sale of larger lots, and advertising signage; Mareeba Aerodrome lease enquiries and follow up with lessees re compliance with lease requirements; Mareeba Markets - finalisation of set of conditions for continued operation at Centenary Park. Assisting with preparation of submissions to the Community Cabinet Meeting held in Mareeba on 30 November 2014. Page 53
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
In conjunction with preparation of first report to the newly established Audit Committee, commenced review of Council's Risk Register and Risk Treatment Plans by providing hard copies of relevant documents to all Managers. Intention is to review the current Risk Register at Manager level and allocate responsibility for management of identified risks. This will be progressed during first quarter of 2015. Organised first meeting of the Public Health & Environment Sub-Group of the LDMG and participated in in-house Disaster Management training. Complaints Management Governance related matters and the ability to adequately deal with them in a timely manner, have in recent months, been significantly impacted by the inclusion of land and lease responsibilities as a consequence of the departure of the Senior Land and Facilities Officer through voluntary redundancy in October 2014. The quantum of time critical and resource intensive matters within Land and Lease is still being realised as more information is becoming known. The inclusion of these extra responsibilities within the area of Governance has caused a substantial diminishment in the ability of existing staff resources to meet policy obligations for matters relating to complaints. The figures shown in the table below give an indication of the impact of the increased Land and Lease workload on the ability to process and complete complaint related matters. Complaints Management Details of complaints received/processed during the quarter ending 31 December 2014 are displayed in the table below: Complaints carried over from previous period (July to September 2014) 14 Complaints lodged during reporting period (October to December 8 2014) Complaints finalised during reporting period (October to December 1 2014) Complaints still in process (not finalised) during reporting period 21 (October to December 2014)
Building and Plumbing Building Approvals The local construction industry saw a rise in activity 2014 over 2013 with a total of 402 building approvals issued which included 304 Council approvals and 98 Private Certification approvals. The total value of all building approvals for the year 2014 was $49,753,939.35 compared to $36,530,213.92 in 2013 (a 35% increase in value of building works on the previous year's figures). This total increase in value of building work is due to a greater than average number of dwelling constructions in 2014 of 161, which is an increase of 51 units over 2013. The Building and Plumbing department statistics for 2014 also include: 1,261 inspections across the shire About 35,000 sheets of paper scanned to produce 4,500 digital records, and An average process time for all approvals of five days. Page 54
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
Show Cause Notices Unfortunately, enforcement action by the Building and Plumbing Department also increased in 2014 to 1 Enforcement Notice and 19 Show Cause Notices issued. This is about a threefold growth in notices issued over 2013. Construction Industry Summary for October-December quarter: Approvals The last quarter for 2014 saw a total of 119 building approvals issued which included 93 Council approvals and 26 Private Certification approvals. The total value of all building approvals was $13,882,271.10. Dwellings Dwelling approvals continued to strengthen in this quarter, with 44 approvals in total. This is an increased 17 units when compared to 2013 October-December quarter figures. Value of Approvals The total value of building approvals for the October-December quarter shows an increase of approximately $3.2 M compared to the previous year (total of $13,882,271.10 for the quarter). These building statistics again reflect greater than average dwelling construction in the Mareeba township.
Page 55
Mareeba Shire Council - Agenda
Page 56
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 57
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 58
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 59
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 60
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 61
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
Regional Land Use Planning New Development Applications Seventeen development applications were lodged in the December quarter 2014 compared to sixteen lodged in the December quarter 2013. Total number of applications lodged during the whole of 2014 was 73. Development Applications received/approved during quarter: New Development Applications lodged
17
Decision Notices issued under delegated authority
12
Negotiated Decision Notices issued under delegated authority
Nil
Decision Notices issued (from Council Minutes)
11
Negotiated Decision Notices issued (from Council Minutes)
Nil
Extensions to relevant period issued
3
Change to existing Development Approval issued
1
Building Work approvals issued under delegated authority
2
Survey Plans endorsed
10
Notices issued under SPA
Nil
Planning Appeals and other Court proceedings
Nil
Local Laws and Environmental Health Environmental Health The Environmental Health section responded to a total of 77 enquiries, complaints and service requests for the quarter relating to the following matters: Food Business Enquiry General Service Requests Health Nuisances (air, water, noise) Local Laws (Environmental Health) Public Health Food Complaint Environmental Management
Page 62
27 4 5 24 7 5 3 2
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
Notices Issued, Inspections Carried Out, Applications Processed Environmental Health Licensed premises inspected New Food applications Compliance Notice
25 9 0
Local Laws Penalty Infringement Notices Issued Warning Letters issued Compliance Notices issued
53 35 65
Local Laws Local Laws Officers dealt with a total of 390 complaints and enquiries during the quarter relating to the following matters Animals enquiries - Dangerous dogs, noise, stray, traps, too many, General Enquiries Abandoned vehicles, Illegal Signs, Illegal Camping Overgrown allotments, roads Nuisances (backyard burning) Parking Temporary Entertainment Event Commercial Use of roads, parks enquiries
321 13 34 2 8 7 0 5
Impoundments A total of 126 animals were impounded: Cats Dogs Other
77 41 8
5.2% of impounded cats were claimed by their owners 14.3% of impounded cats were handed over to FOTA 80% of impounded cats were euthanized 43.9% of impounded dogs were claimed by their owners 22% of impounded dogs were handed over to FOTA 34.1% of impounded dogs were euthanized
Page 63
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
LINK TO CORPORATE PLAN GOV 5 - Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective work practices and systems ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED principles in town centres and commercial developments ENV 3 - Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions CONSULTATION Senior Planner Senior Building & Plumbing Officer Coordinator Environmental Health & Local Laws Governance & Compliance Adviser LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Relevant information to be publicised in media. ATTACHMENTS Nil Date Prepared:
27/01/2015
Page 64
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-9
IMPROVEMENT OF TENURE - LOT 481 ON CP896893 AND LOT 447 ON NR5117 - COBRA ROAD, MAREEBA
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT:
Infrastructure Services, Technical Services Group
EXECUTIVE SUMMARY There is a current grazing lease over property on Cobra Road, Mareeba which is due to expire on 31 March 2018. The underlying tenure of the subject land is a Gravel Reserve. In previous tenure dealings, Council has required a lease condition protecting Council's access to the gravel resource. The Department of Natural Resources and Water has advised the Lessees that the tenure of the subject land cannot be changed whilst this condition is in place. As gravel has not been extracted from this site for approximately five (5) years, the Lessees are requesting Council's advice on future extraction requirements. Should Council not intend to extract gravel from the property in the future, then the Lessees are requesting Council consider having this condition removed so that they are able to improve the tenure over the land. OFFICER'S RECOMMENDATION "That Council agree with the removal of Condition J12 from the Term Lease TL 0/209991 situated on Cobra Road, Mareeba as gravel is no longer extracted from this location and is not required in the future." BACKGROUND Land described as Lot 481 on CP896893 and Lot 447 on NR5117, Parish of Tinaroo, situated on Cobra Road, Mareeba has previously been used by Council for the purpose of gravel extraction. There is a current Term Lease TL 0/209991 for grazing purposes over both allotments. The lease is not due to expire until 31 March 2018. The underlying tenure of the subject land is Reserve 1575 being a Gravel Reserve. In previous tenure dealings, Council has required a lease condition protecting Council's access to the gravel resource. The current term lease includes the following Condition J12: Page 65
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
J12 The lessee shall hold the leased land so that the same may be used without undue interruption or obstruction for the purpose of gravel extraction with Mareeba Shire Council as trustee which is the purpose for which it was dedicated, in particular and without limiting the generality of this condition; so that all the relevant duties and functions in terms of the Land Act 1994, may be performed and carried out. The Lessees requested Council in October 2007 to have this condition removed so that they would be able to improve the tenure over the land. Council considered the request at its General Meeting of 6 November 2007, where it resolved not to remove this condition as gravel was still to be extracted from this location. The Department of Natural Resources and Water has advised the Lessees that the tenure of the subject land cannot be changed whilst Condition J12 remains. As gravel has not been extracted for approximately five (5) years, the Lessees have again contacted Council seeking advice on current and future extraction needs and requests that Council agree to the removal of Condition J12. As extraction of suitable gravel material from this site has been exhausted, Council has no further use for this site and therefore does not require the inclusion of Condition J12 within the lease agreement. A site inspection of the borrow pits was undertaken with the Lessees and Council Environmental and Engineering staff to establish the extent of possible pit rehabilitation required. This inspection revealed that due to the time elapsed since the last gravel extraction was carried out, the sites have naturally rehabilitated and minimal remedial works are required. The Lessees have advised that they are prepared to undertake any rehabilitation work at their own expense if Council agree to the removal of the Condition J12 from the lease agreement. As Council may be required to undertake some remedial work on the borrow pits in the future, this offer by the Lessees is considered a desirable outcome for Council. 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 Senior Planner Senior Environmental Adviser Manager Works Coordinator Transport Infrastructure External Lessees
Page 66
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil 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 Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1. 2.
Report to Council 6 November 2007 (ECM # 1348112); Site Plan.
Date Prepared:
14 January 2015
Page 67
Mareeba Shire Council - Agenda
Page 68
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 69
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 70
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 71
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 72
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
CHIEF EXECUTIVE OFFICER PETITION ITEM-10
ANZAC AVENUE AND HERBERTON STREET PETITION
DOCUMENT INFORMATION
MEETING:
Ordinary
MEETING DATE:
4 February 2015
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 9 December 2014 from residents of Anzac Avenue and Herberton Street Mareeba. OFFICER'S RECOMMENDATION "That Council receive the petition and refer it to the CEO for consideration." 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. The petition refers to the lowering of the tonnage limit on the John Doyle Bridge as a means of reducing heavy vehicle movements that use this access to the central business district instead of using the Kennedy Highway. A request has also been made to reduce the speed limit to 40 km/hour, from the Herberton Street pedestrian crossing over the John Doyle Bridge, up to Durston Street off Anzac Avenue.
Page 73
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
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 Mayor Tom Gilmore Chief Executive Officer Director of Infrastructure Services External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil IMPLEMENTATION/COMMUNICATION Mrs France will be notified of Council's decision. ATTACHMENTS 1.
Petition from residents of Anzac Avenue and Herberton Street Mareeba.
Date Prepared:
22/01/2015
Page 74
Mareeba Shire Council - Agenda
Page 75
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 76
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 77
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Page 78
Wednesday 04 February 2015
Mareeba Shire Council - Agenda
Wednesday 04 February 2015
BUSINESS WITHOUT NOTICE
NEXT MEETING OF COUNCIL The next meeting of Council will be held at 9:00 am on Wednesday 18 February 2015
Page 79