Council Meeting Agenda 20 08 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 20 August 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 20 AUGUST 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

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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 Extension to Relevant Period - M Borzi - Reconfiguirng a Lot - Subdivision (1 into 5 lots) - Lot 2 on RP747074 - Kuranda Heights Road Kuranda REC/08/0033 ............................................................................................................ 5 ITEM-2 T Taylor - Material Change of Use - Business (Medical Practice) - Lot 32 on M35664 - 312 Byrnes Street Mareeba DA/14/0022 ................................................ 31 ITEM-3 Application for purchase of State Land - Lot 21 on AP21242, Parish of Chillagoe ................................................................................................................ 51 GRANTS AND CORPORATE AND COMMUNITY PLANNING ................................................. 57 ITEM-4 Tenders called for Pest Control Services for all Council's stock of Community Housing units - Mareeba, Kuranda, Mt Molloy, Dimbulah ....................................... 57 FINANCE .................................................................................................................................. 61 ITEM-5 Financial Statements for the Period Ending 31 July 2014 ....................................... 61 ITEM-6 Sale of Land Due to Rates in Arrears CONFIDENTIAL .......................................... 67 INFRASTRUCTURE SERVICES .................................................................................................. 69 TECHNICAL SERVICES ........................................................................................................... 69 ITEM-7 Thongon Street, Kuranda - Replacement of Existing Kerb and Channel ................. 69 ITEM-8 Interface Agreement - Open Level Crossings within Mareeba Shire ....................... 71 ITEM-9 Kuranda Pedestrian, Traffic and Parking Study - Update Report ............................ 85 ITEM-10 Proposed Draft Three Year Capital Works Program ......................................... 89 WATER & WASTE .................................................................................................................. 115 ITEM-11 Mareeba Waste Infrastructure - Composting Operation Agreement ................ 115 CHIEF EXECUTIVE OFFICER ................................................................................................... 129 MEDIA AND EVENTS ............................................................................................................. 129 ITEM-12 The Great Wheelbarrow Race ........................................................................ 129 ITEM-13 15 October 2014 Ordinary Council Meeting - Kuranda .................................... 131

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CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

EXTENSION TO RELEVANT PERIOD - M BORZI RECONFIGUIRNG A LOT - SUBDIVISION (1 INTO 5 LOTS) LOT 2 ON RP747074 - KURANDA HEIGHTS ROAD KURANDA - REC/08/0033

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

REPORT OFFICER'S TITLE: Senior Planner DEPARTMENT:

APPLICANT

Corporate and Community Services APPLICATION M Borzi

ADDRESS

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

29 July 2014

FILE NO LODGED BY

AREA REC/08/0033 4.909 hectares OWNER Jim Papas Civil Engineering M Borzi Designer Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007)

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

RPD

PREMISES Kuranda Heights Road, Kuranda Lot 2 on RP747074

Development Permit Reconfiguring a Lot - Subdivision of 1 into 5 lots

Myola zone - Precincts C & E Code Assessment n/a

1. 2. 3.

Decision Notice dated 24 November 2009 Applicant’s request to extend relevant period dated 29 July 2014 Department of State Development, Infrastructure and Planning letter dated 11 August 2014

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EXECUTIVE SUMMARY On 21 August 2008 Council approved, through delegated authority, the application made by Jim Papas Drafting on behalf of M Borzi for issue of a development permit for Reconfiguring a Lot Subdivision of 1 lot into 5 lots of land described as Lot 2 on RP747074, Parish of Formartine, situated at Kuranda Heights Road, Kuranda. A negotiated decision notice was approved by Council at its meeting of 5 November 2008 and issued on 12 November 2008. On 7 July 2012, a two (2) year extension to the relevant period was granted. The relevant period currently ends on 12 November 2014. To date, no development works have commenced in relation to the approved development. The original application was code assessable and was therefore not required to undergo public notification. Jim Papas Civil Engineering Designer acting on behalf of the applicant has subsequently lodged a request to extend the relevant period for a further four (4) years from 12 November 2014 to 12 November 2018. An informal policy position has been established by Council officers whereby uncommenced developments will be recommended for a maximum two (2) year extension and commenced developments recommended for four (4) year extension. A two (2) year extension has previously been granted for this development approval. Whilst there is no objection to a second extension in this instance, it is suggested that Council expand the informal extension policy so that any extension/s beyond the initial extension be granted for a maximum of one (1) year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of uncommenced development approvals on a more regular basis. It is recommended that the relevant period be extended for a period of one (1) year, from 12 November 2014 to 12 November 2015.

OFFICER'S RECOMMENDATION â&#x20AC;&#x153;1.

That in relation to the application to extend the relevant period for the following development approval:

APPLICANT

APPLICATION M Borzi

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS RPD

29 July 2014

PREMISES Kuranda Heights Road, Kuranda Lot 2 on RP747074

Development Permit Reconfiguring a Lot - Subdivision of 1 into 5 lots

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and in accordance with the Sustainable Planning Act 2009: (A) 2.

The relevant period be extended for one (1) year from 12 November 2014 to 12 November 2015.

A Notice of Councilâ&#x20AC;&#x2122;s decision be issued to the applicant and referral agencies advising of the decision".

THE SITE The subject land is described as Lot 2 on RP747074, Parish of Formartine, County of Nares, situated at Kuranda Heights Road, Kuranda. The land has an area of 4.909 hectares and a frontage of approximately 340 metres onto Kuranda Heights Road. Kuranda Heights Road is constructed to 5.5 metre wide bitumen sealed standard. The land has a generally rectangular shape and is bounded to the east and south by Kuranda Heights Road. Land to the north has been developed for rural residential purposes. The majority of the subject land is mapped as containing remnant "not of concern" regional ecosystem. The subject land also forms part of the Fairyland Wildlife Corridor.

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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BACKGROUND AND CONTEXT On 21 August 2008 Council approved, through delegated authority, the application made by Jim Papas Drafting on behalf of M Borzi for issue of a development permit for Reconfiguring a Lot Subdivision of 1 lot into 5 lots of land described as Lot 2 on RP747074, Parish of Formartine, situated at Kuranda Heights Road, Kuranda. The decision notice was issued on 21 August 2008. A negotiated decision notice was approved by Council at its meeting of 5 November 2008 and issued on 12 November 2008. Council at its Ordinary Meeting of 18 November 2009 considered a request to change an existing approval made by Jim Papas Drafting Pty Ltd, on behalf of M Borzi. The request related to Condition 21, specifically the size and location of a building envelope for each of the proposed lots. The request was approved and notice was given to the applicant via an amended decision notice on 24 November 2009. The amended decision notice incorrectly advises that the relevant period for this development permit commences from the original 21 August 2008 decision notice. The relevant period actually commences from the negotiated decision notice date of 12 November 2008. On 7 July 2012, a two (2) year extension to the relevant period was granted. The relevant period currently ends on 12 November 2014. To date, no development works have commenced in relation to the approved development. Page 8

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Jim Papas Civil Engineering Designer acting on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four (4) years from 12 November 2014 to 12 November 2018 (Attachment 2). Council officer's informal policy position for extensions to relevant periods is uncommenced developments would be recommended for a maximum two (2) year extension and commenced developments recommended for four (4) year extension. A two (2) year extension has previously been granted for this development approval. Whilst there is no objection to a second extension in this instance, it is suggested that Council expand the informal extension policy so that any extension/s beyond the initial extension be granted for a maximum of one (1) year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of uncommenced development approvals on a more regular basis. It is recommended that the relevant period for REC/08/0033 be extended for a period of one (1) year, from 12 November 2014 to 12 November 2015.

ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to: •

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal it would be assessed generally against the same planning instruments as was the original development application. On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced the single State Planning Policy (SPP) to replace the various State Planning Policies previously in place. Development approval REC/08/0033 is not in conflict with any relevant aspect of the SPP. Applicable Infrastructure Charges Development Approval REC/08/0033 is not subject to fixed headworks/contributions.

•

the community’s awareness of the development approval The original development application was Code Assessable and was therefore not subject to public notification.

•

whether, if the request were refused – (i) (ii)

further rights to make a submission may be available for a further development application; and the likely extent to which those rights may be exercised;

A further development application would be Code Assessable and therefore not subject to public notification.

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â&#x20AC;˘

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the views of any concurrence agency for the approval given under section 385. The original application triggered referral to the Department of Transport and Main Roads and the Department of Environment and Resource Management. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of State Development, Infrastructure and Planning advised in a letter dated 11 August 2014 that they have no objection to the proposed extension to the relevant period (Attachment 3).

Date Prepared:

12 August 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-2

Wednesday 20 August 2014

T TAYLOR - MATERIAL CHANGE OF USE - BUSINESS (MEDICAL PRACTICE) - LOT 32 ON M35664 - 312 BYRNES STREET MAREEBA DA/14/0022

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT:

Corporate and Community Services APPLICATION DETAILS

APPLICANT

APPLICATION T Taylor

ADDRESS

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

12 June 2014 Development Permit

FILE NO LODGED BY

AREA DA/14/0022 1,080m2 OWNER Planz Town Planning Pty T Taylor Ltd Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

Material Change of Use - Business (Medical Practice)

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

RPD

PREMISES 312 Byrnes Street, Mareeba Lot 32 on M35664

Residential Zone Impact Assessment (Inconsistent Use) No Submissions Received

1. 2.

Proposal Plans - PD Designs Dated May 2014 (DWS VS# 3560676) Referral Agency Response - Department of State Development, Infrastructure and Planning dated 7 July 2014

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. The applicant proposes the establishment of a business premises, specifically, a chiropractic practice, within the existing dwelling at 312 Byrnes Street, Mareeba. The proposed chiropractic practice will include four (4) treatment rooms, a staff room, reception and child play area. On site carparking will be provided at the rear of the allotment and landscaped gardens and screen fencing will be provided around the perimeter of the site. The proposed chiropractic business will operate a maximum of three (3) days per week. 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 conflicts with the Planning Scheme's Residential Zone code because a 'business' is listed as an Inconsistent Use within this zone. Despite this conflict, this officer considers there to be sufficient grounds to justify an approval, as discussed below. The key issue with the proposed development is ensuring any potential impacts on adjoining residential uses are minimised. It is considered this issue can be adequately managed through conditions of approval. Prior to this application being tabled before Council, draft conditions were provided to the Applicant care of their consultant and have been agreed to. It is recommended that the application be approved, subject to conditions.

OFFICER'S RECOMMENDATION 1.

It is recommended that, in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION T Taylor

ADDRESS

12 June 2014 Development Permit

RPD

PREMISES 312 Byrnes Street, Mareeba Lot 32 on M35664

Material Change of Use - Business (Medical Practice)

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), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And

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The assessment manager does consider that the assessment managerâ&#x20AC;&#x2122;s decision conflicts with a relevant instrument. Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

The proposed 'business' use is listed as an Inconsistent Use within the Planning Scheme's Residential Zone code.

Despite being listed as an inconsistent use within the Residential Zone, the subject site fronts Byrnes Street and is situated immediately opposite and to the north-west of a number of existing commercial/business uses, including Mazda/Mitsubishi, ShedBoss and the BP Service Station. The proposed chiropractic business will accommodate a maximum of 2 staff members and 4 patients at any one time and will operate within normal business hours only, a maximum of 3 days per week. The building will not be occupied outside business hours as there will be no shared residential use of the building. Given the intended scale and nature of the use, the development is not likely to result in any significant noise, odours, dust or light being produced from the site. The site contains frontage to, and will be accessed from Byrnes Street, therefore any traffic impact on adjoining properties associated with the business is likely to be negligible when compared to normal daily traffic movements experienced along the main road. Conditions will be attached to any approval regarding landscaping, fencing, operating hours, lighting, stormwater discharge and car parking/internal driveways in order to ensure minimal impact is felt on adjoining residential properties. Through appropriate conditioning, it is considered the proposed development can satisfy the overall outcomes sought for the Residential Zone as well as specific outcome S1 of the Residential Zone code.

(A)

APPROVED DEVELOPMENT: Development Permit for Material Change of Use - Business (Medical Practice)

APPROVED PLANS: Plan/Document Number

(C)

Plan/Document Title

Prepared by

Dated

1854 Sheet 1 of 3

Site Plan

PD Designs building designers

May 2014

1854 Sheet 2 of 3

Plan

PD Designs building designers

May 2014

1854 Sheet 3 of 3

Elevation (1, 2 & 3)

PD Designs building designers

May 2014

ASSESSMENT MANAGERâ&#x20AC;&#x2122;S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme 1.

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, subject to any alterations: Page 33

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found necessary by Councilâ&#x20AC;&#x2122;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 Councilâ&#x20AC;&#x2122;s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2

Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

General 3.1

The development approval would not have been issued if not for the conditions requiring the construction of infrastructure within the conditions of approval.

3.2

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.

3.3

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.

3.4

Noise Nuisance Refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3dB(A) above background levels as measured from noise sensitive locations and a maximum noise level of 8dB(A) above background levels as measured from commercial locations. The applicant is required to install and maintain suitable screening to all air conditioning, lift motor rooms, plant and service facilities located at the top of or on the external face of the building. The screening structures must be constructed from materials that are consistent with materials used elsewhere on the facade of the building. There are to be no individual external unscreened air conditioning units attached to the exterior building facade.

3.5

Waste Management On site refuge storage area must be provided and be screened from view from adjoining properties and road reserve by 1 metre wide landscaped screening buffer or 1.8m high solid fence or building.

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Where bulk bins are used and are to be serviced on site, certification by a Registered Professional Engineer of Queensland (RPEQ) must be provided to Council prior to the issue of a building permit which demonstrates that internal access is of adequate design and construction to allow waste collection/delivery vehicles to enter and exit the site in a forward gear. 3.6

Hours of Operation The operating hours shall be between 8am and 6pm Monday to Friday and between 8am and 2pm Saturday. No operations are permitted on Sunday or Public Holidays.

3.7

Signage (a)

Any advertising signage must not exceed building height

(b)

Parapet signs must not exceed the top of the parapet.

(c)

Signs sited on Awnings must not exceed the height of the awning.

(d)

All signage must be kept clean, in good order and safe repair for the life of the approval.

(e)

Any signage must be removed when no longer required.

(f)

The erection and use of any advertising signage must comply with the Building Act and all other relevant Acts, Regulations and these approval conditions.

Infrastructure Services and Standards 4.1

Access A commercial access crossover must be constructed (from the edge of the Byrnes Street road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer. The applicant/developer must ensure that any redundant vehicle crossovers are removed and reinstated with kerb and channel.

4.2

Stormwater Drainage/Water Quality (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 building 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 Councilâ&#x20AC;&#x2122;s delegated officer. Page 35

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(c)

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

Car Parking/Internal Driveways The applicant/developer must ensure the development is provided with nine (9) on-site car parking spaces including one (1) disabled car parking space which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces and internal driveways must be concrete or bitumen sealed, line marked and appropriately drained prior to the commencement of the use and to the satisfaction of Council's delegated officer. All car parking spaces and internal driveways must be constructed in compliance with the following standards, to the satisfaction of Council's delegated officer: - Australian Standard AS2890:1 Off Street Parking â&#x20AC;&#x201C; Car Parking Facilities; - Australian Standard AS1428:2001 â&#x20AC;&#x201C; Design for Access and Mobility. A sign must be erected in proximity to the access driveway indicating the availability of on-site parking.

4.4

Landscaping & Fencing (a)

Prior to the commencement of the use a detailed landscape plan must be prepared for the site and submitted to Council's delegated officer for consideration and approval. The landscape plan should address the whole development, including any existing landscaping to be retained, and demonstrate compliance with the Landscaping Code. Species used should be generally in accordance with Schedule A of Planning Scheme Policy No. 9 - Landscaping. The landscape plan should take into account the requirements of any Stormwater Management Plan. The landscaping of the site must be carried out in accordance with the endorsed landscape plan and prior to the commencement of the use, and mulched, irrigated and maintained to the satisfaction of Council's delegated officer.

(b)

Prior to the commencement of the use, 1.8 metre high timber or colorbond screen fencing of neutral colour is to be erected along the full length of the rear boundary of the site, and along the side boundaries of the site from the forward (eastern) most building projection to the rear property boundary, to the satisfaction of Council's delegated officer.

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Note: Any fencing forward of the eastern building projection should taper from 1.8m down to the height of the existing fence on the neighbouring property/s. 4.5

Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

4.6

Water Supply Any works required to be carried out on the site's existing water service connection as a consequence of the development must be done so in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

4.7

Sewerage Connection Any works required to be carried out on the site's existing sewerage connection as a consequence of the development must be done so in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

The change in the use of the building may also require a change in the classification of the building under the Building Act. You are advised to contact a Building Certifier to establish if a change in the classification of the building is required.

(b)

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.

(c)

Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(d)

Environmental Protection and Biodiversity Conservation Act 1999

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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 (e)

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)

CONCURRENCE AGENCY CONDITIONS Department of State Development, Infrastructure and Planning (SARA - DTMR) conditions dated 7 July 2014.

(F)

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

(G)

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

(H)

Material Change of Use – four (4) years (starting the day the approval takes effect);

Development Permit for Building Work

OTHER APPROVALS REQUIRED FROM COUNCIL •

Compliance Permit for Plumbing and Drainage Work

THE SITE The subject site is situated at 312 Byrnes Street, Mareeba, and is described as Lot 32 on M35664, Parish of Tinaroo, County of Nares. The site is regular in shape, with a total area of 1,080m2 and is zoned Residential under the Mareeba Shire Planning Scheme. The site is accessed from and contains approximately 21 metres of frontage to Byrnes Street, a State controlled road which is constructed to bitumen sealed standard including kerb and channel for the full frontage of the site. The site is connected to all reticulated services and is improved by a single dwelling and two ancillary outbuildings at the rear of the allotment. All adjoining allotments are zoned Residential and contain low density residential uses. The three allotments immediately opposite and to the south east of the subject site on the eastern side of Byrnes Street are zoned a combination of Commercial and Residential and contain the Mareeba Mazda/Mitsubishi dealership, ShedBoss and the BP Service Station.

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BACKGROUND AND CONTEXT / PREVIOUS APPLICATION & APPROVALS On 23 May 2011, Council, through delegated authority, approved a development application made by T Taylor (the applicant) for Material Change of Use - Home Business over land described as Lot 32 on M35664, Parish of Tinaroo, situated at 312 Byrnes Street, Mareeba (the subject site) (MCU/11/0002). Development approval MCU/11/0002 has not been acted on and remains current until 23 May 2015. The building on site remains in use as a residential dwelling only. T Taylor, the applicant, now wishes to move away from the previous proposed home business and provide a dedicated practice with no shared residential component.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Business (Medical Practice) in accordance with the plans shown in Attachment 1. The applicant proposes the establishment of a business premises, specifically, a chiropractic practice, within the existing dwelling on the subject site. This site will undergo both internal and external modifications to create a 210m2 business premises comprising the following: • • • • • • •

Four (4) treatment rooms Staff room Reception area Play area (for children of clients) Cleaning/storage area Onsite parking for up to nine (9) vehicles (including 1 disabled parking space) Landscaping and fencing to the side, rear and front boundaries.

The proposed use will be a dedicated chiropractic practise with no shared residential use on site. Initially the proposed business will operate Friday's (2pm - 6pm) and Saturday's (9am - 2pm) only. It is expected that in approximately 2-5 years the businesses operating hours will increase to include Wednesday's (9am - 2pm). Staff will consist of 1 Chiropractor and 1 Receptionist. All patients have pre-booked appointments and will be told of the businesses location and on-site parking arrangements before their consultation to ensure a minimum disruption in traffic flow. A maximum of 2 staff and 4 patients will be on site at any one time. Although 9 carparking spaces will be provided on site which is considered in excess of requirements, the applicant has done so in order to comply with the Planning Scheme's Car Parking Code. The proposed business will incorporate minimal signage, as the business will be operated by appointment only. The applicants have stated that it is likely that any signage will be located either on the building façade, or at the front of the property. External lighting will be of a residential scale (if provided).

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. Page 40

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PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Major Urban Growth Node (Mareeba)

Zone:

Residential

Planning Scheme Definitions The proposed use is defined as:"Business means the use of premises for commercial purposes, including the following types: (a)

medical or dental practice;

(b)

office;

(c)

service industries (such as printing workshops or saddle making);

(d)

bakeries."

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 4.1 Compact Urban Form Land Use Policy

Complies

Comments

4.1.1

Urban development is contained within the urban footprint



Complies - The subject site is situated within the urban footprint.

4.1.2

Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery.



Complies

4.1.3

Development within the key regional growth areas achieves the strategic planning intent of the subregional narratives



Complies - The Proposed development achieves the strategic planning intent or the subregional narrative for Mareeba.

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DRO 4.2 Regional Activity Centres Land Use Policy

Complies

Comments

4.2.1

Regional activity centres are identified and operate as a network in accordance with the regional hierarchy (see table 6 and map 9).

ď&#x192;ź

Complies - The proposed development will help reinforce Mareeba's role as a Regional activity centre.

4.2.2

Development of regional activity centres results in consolidation in the central core and surrounding frame, is of appropriate type and scale, and is accommodated by efficient use of land and buildings.

ď&#x192;ź

Complies - The proposed development will result in the establishment of an additional business/commercial use within Mareeba's central core in close proximity to existing business and commercial uses.

(b)

State Planning Policy

On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the 2004 Planning Scheme and is therefore applicable to the assessment of the application. The following aspects of the single State Planning Policy relevant to the assessment of this application are as follows:

Queensland State Planning Policy - December 2013 State Interest Water quality Receiving waters - a development application for any of the following: (1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that: (a) will result in an impervious area greater than 25 per cent of the net developable area, or (b) will result in six or more dwellings, or (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 (3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

Complies N/A

Assessment Requirements & Comments Receiving waters Development: (1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from: (a) altered stormwater quality or flow, and (b) wastewater (other than contaminated stormwater and sewage), and (c) the creation or expansion of non-tidal artificial waterways, and (2) complies with the SPP code: Water quality (Appendix 2). Comment Despite not triggering assessment against this component of the SPP, the development will be conditioned to include a detailed stormwater management plan and will be conditioned to ensure a non-worsening effect on surrounding land as a consequence of the development.

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(c)

Wednesday 20 August 2014

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

Relevant Desired Environmental Outcomes (g) The standard and location of the built environment, particularly in Mareeba and Kuranda, minimise the use of non-renewable resources, having regard to associated wastewater and effluent disposal infrastructure. (h) All members of the community have appropriate access to relevant services and facilities that meet their needs and create a sense of community satisfaction

Complies 

Comments Complies - The proposed development will be connected to Council's reticulated sewerage network.



Complies - The proposed development will re-establish an existing and relevant service in an easily accessible and appropriate location. Complies - The proposed development reinforces Mareeba's intended role as the main business, economic centre and regional service centre. Complies - The proposed use is for a 'byappointment only' chiropractic practice. The proposed use is considered to be low impact and is not likely to generate any significant noise, odour, dust or light.

(n) Mareeba’s role and identity as the main business, economic centre and regional service centre and gateway to the Cape is consolidated.



(r) The identification and protection of the amenity of noise sensitive development and liveability of residential areas.



Notwithstanding this, the proposed development will be conditioned to ensure the protection of the amenity of noise sensitive development and liveability of surrounding residential area.

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 2 Part 4, Division 6 Part 6, Division 5 Part 6, Division 15

Business Zone Code Residential Zone Code Car Parking Code Landscaping 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 Business Zone Code

Comments Although the subject site is situated within the Residential Zone, assessment against the Business Zone code was considered relevant as the proposal is for a 'business' use. It is considered that the application complies or can be conditioned to comply with the relevant acceptable/probable solutions contained within the code.

Residential Zone Code

The proposed 'business' use is listed as an Inconsistent Use within the Residential Zone. Refer to discussion below.

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Car Parking Code

Landscaping Code

Wednesday 20 August 2014

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

Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria contained within the above Codes are summarised as follows: Residential Zone Code The proposed 'business' use is listed as an Inconsistent Use within the Residential Zone. Specific Outcome S1 addresses non-residential uses and the preservation of the amenity of the residential zone as follows: 4.32 Building Siting, Scale and Amenity S1

Non-residential uses and amenity (a)

non-residential uses are located, designed and operated to avoid significant adverse changes to the light, noise, dust, odours, traffic conditions or other physical conditions experienced by occupants of; (i) (ii)

associated, adjoining or nearby residential uses; or other types of non-residential uses.

Comment Despite being listed as an inconsistent use within the Residential Zone, the subject site fronts Byrnes Street and is situated immediately opposite and to the north-west of a number of existing commercial/business uses, including Mareeba Mazda/Mitsubishi, ShedBoss and the BP Service Station. The proposed chiropractic business will accommodate a maximum of 2 staff members and 4 patients at any one time and will operate within normal business hours only, a maximum of 3 days a week. The building will not be occupied outside business hours as there will be no shared residential use of the building. Given the intended scale and nature of the use, the development is not likely to result in any significant noise, odours, dust or light being produced from the site. The site contains frontage to, and will be accessed from Byrnes Street, therefore any traffic impact on adjoining properties associated with the business is likely to be negligible when compared to normal daily traffic movements experienced along the main road. Conditions will be attached to any approval regarding landscaping, fencing, operating hours, lighting, stormwater discharge and car parking/internal driveways in order to ensure minimal impact is felt on adjoining residential properties. Through appropriate conditioning, it is considered the proposed development can satisfy specific outcome S1.

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(e)

Wednesday 20 August 2014

Planning Scheme Policies/Infrastructure Charges Plan

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

Adopted Infrastructure Charges Notice

Water Supply The subject site currently accommodates a single dwelling and is therefore deemed to have 1 existing credit (1 EDC) for water supply. The proposed use is for the conversion of the sites existing dwelling into a dedicated chiropractic practice, with no shared residential use of the site proposed. Given the intended scale of the use (2 staff and maximum of 4 patients at any one time) and the fact that the premises will be occupied a maximum of 3 days per week within business hours only, this officer does not believe that the proposed development will result in an increase in demand on Council's water supply network outside the allotment's existing credit. As such, a headworks charge for water supply is not considered necessary in this instance. Sewerage Supply The subject site currently accommodates a single dwelling and is therefore deemed to have 1 existing credit (1 EDC) for sewerage. The proposed use is for the conversion of the sites existing dwelling into a dedicated chiropractic practice, with no shared residential use of the site proposed. Given the intended scale of the use (2 staff and maximum of 4 patients at any one time) and the fact that the premises will be occupied a maximum of 3 days per week within business hours only, this officer does not believe that the proposed development will result in an increase in demand on Council's sewerage network outside the allotment's existing credit. As such, a headworks charge for sewerage is not considered necessary in this instance. Roadworks The subject site is accessed directly from Byrnes Street which is a State controlled road. Due to the direct access onto the State controlled road, a contribution for the augmentation of the road network is not applicable under Planning Scheme Policy 6. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning (Transport and Main Roads) as a Concurrence Agency. That Department advised in a letter dated 7 July 2014 that they require the conditions to be attached to any approval (Attachment 2). Page 45

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Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering PUBLIC NOTIFICATION The development proposal was placed on public notification from 25 June 2014 to 21 July 2014. The applicant submitted the notice of compliance on 22 July 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received. PLANNING DISCUSSION Nil Date Prepared:

11 August 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3560676)

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ITEM-3

Wednesday 20 August 2014

APPLICATION FOR PURCHASE OF STATE LAND - LOT 21 ON AP21242, PARISH OF CHILLAGOE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 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 purchase of state land described as Lot 21 on AP21242, Parish of Chillagoe, situated off Aerodrome Road, Chillagoe. Should the application be successful, the proposed use of the land is residential and fire break purposes. DNRM seeks Council's views on the proposed purchase and 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 land described as Lot 21 on AP21242, Parish of Chillagoe, and further advise the Department of Natural Resources and Mines that there are no known non-indigenous cultural heritage values associated with the land, and the purchaser will be responsible for the provision of practical access to the land." BACKGROUND DNRM is currently considering an application for the purchase of land described as Lot 21 on AP21242, Parish of Chillagoe, situated off Aerodrome Road, Chillagoe. The subject land has an area of 6,040 square metres and is adjoined on all sides by unconstructed road reserve. There are no known structures existing on the land and based on recent aerial photography, the land remains extensively vegetated. DNRM advises that the intended use for the land is residential and firebreak purposes. DNRM has requested Council's views on the proposed purchase and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

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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. There is no objection to the future use of the land for rural living (residential) and fire break purposes. The proposed land use is consistent with the use of most surrounding allotments. There are no known non-indigenous cultural heritage values associated with the land. FINANCIAL & RESOURCE IMPLICATIONS 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 dated 4 August 2014.

Date Prepared:

12 August 2014

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Wednesday 20 August 2014

ATTACHMENT 1

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-4

TENDERS CALLED FOR PEST CONTROL SERVICES FOR ALL COUNCIL'S STOCK OF COMMUNITY HOUSING UNITS MAREEBA, KURANDA, MT MOLLOY, DIMBULAH

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Facilities Officer - Aged Housing DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Tenders have been invited for the annual provision of pest control services for ants, spiders and cockroaches as well as the preparation of termite inspection reports for all of Council's stock of Community Housing units. These properties are located in Mareeba (83), Kuranda (14), Mt Molloy (5) and Dimbulah (6). Four (4) tenders were received and this report considers the assessment and recommends a preferred tenderer based on the methodological assessment. OFFICER'S RECOMMENDATION "That Council award the tender TMSC2014-17 (Pest Control for Council's Community Housing) to All Pest and Weed Control." BACKGROUND Council manages 108 pensioner units. 84 of these units are subject to a funding agreement with the Department of Housing. Council reports annually to the Department of Housing and provides details of revenue and expenditure items for these units. Council is required to maintain the units in good working order. Therefore, Council has assumed responsibility for providing annual pest control treatment for ants, spiders and cockroaches. This service forms part of Council's obligations as a lessor to its tenants. The units are also inspected annually for termites which is essential for effective asset management of Council infrastructure. In accordance with AS3660.2-2000, the contractor is to provide Council with a Visual Termite Inspection report for each unit. These reports would include details of any issues so that the cost to eradicate these pests can be determined by the contractor. These costs cannot be quoted as there is no way in predicting if or when a building will be affected by termites or similar pests. Therefore these costs are additional to the contract price. In general, Council's units are in good condition and issues with termites have been rare in recent years.

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TENDER EVALUATION The call for tenders closed on 17 June 2014 and four (4) tenders were received. The contracts ranged in price from $7,603.20 up to $32,670.00. Two (2) local Mareeba based companies provided tenders as did two (2) Cairns based companies. All tenders were considered conforming as they were placed in the tender box before closing time and met the principal requirements. METHODOLOGY The assessment of these tenders was undertaken using a weighted evaluation points system based on a set of criteria as follows:Relevant Experience Key Personnel and Skills Tenderers Resources Demonstrated Understanding Price

15% 15% 15% 15% 40%

The four (4) tenders were assessed against the above-mentioned weighted criteria by allocating a point score in the range 0-5 with the highest score deemed to be the preferred tender. In response to the above assessment undertaken by Council Officers, All Pest and Weed Control are recommended as the preferred tenderer for this project. All Pest and Weed Control have previously held the contract as a result of tenders invited in 2011 and are a Cairns based company. Consequently, the 10% local supplier allowance was applied with no resultant change in the recommendation. Following is a summary of the total contract price, weighted score and ranking for each of the tenders. Table 1.

Tender Assessment Summary

Tenderer

Tender Sum (Inc GST)

Weighted Score

Ranking

$7,603.20

7.8

Amalgamated Pest Control

$21,600.00

6.8

Maximum Pest Control

$19,008.00

5.8

Flick-Anticimex

$32,670.00

5.5

All Pest & Weed Control

LINK TO CORPORATE PLAN COM 2 - Conduct an analysis of current community facilities and develop a Shire wide community facilities plan to provide equity of access.

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CONSULTATION Internal Senior Land and Facilities Officer Manager Community Wellbeing Director Corporate and Community Services External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS The recommendation is in accordance with Council's Procurement Policy and Guidelines for Calling Tenders and Administering Contracts. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating These expenses are required as part of planned asset management for buildings. 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 Figures are to be checked at the next budget review. IMPLEMENTATION/COMMUNICATION The successful and unsuccessful tenderers will be notified by Council's Procurement Officer. The pest control services will be organised to start as soon as the contractor has the resources available as the properties are due for their annual treatment and inspection. Date Prepared:

5/8/2014

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FINANCE ITEM-5

FINANCIAL STATEMENTS FOR THE PERIOD ENDING 31 JULY 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

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

Manager Finance

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2014 to 31 July 2014. OFFICER'S RECOMMENDATION "That Council note the financial report for the period ending 31 July 2014." BACKGROUND Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 July 2014, there was a budgeted YTD deficit of $3,261,621.00 however Council results are more favourable only showing an operational deficit of $2,414,055.00. As only one month has passed, there are no major issues to discuss or areas of concern at this stage. As each month goes past, there will be more financial data to analyse and any areas of concerns will be highlighted. One-off de-amalgamation costs are not yet finalised and for the purpose of this report are excluded. These costs are funded from the Queensland Treasury Corporation Working Capital Facility. It should be noted that Council's cash position is currently $7,542,041.00 and this represents an initial transfer of $14,000,000.00 from TRC. A final cash transfer (including interest) will take place on finalisation of the 31 December 2013 financial statements and will be based on the methodology provided in the Crowe Horwath report. Crowe Horwath received the last of the information required on 1 August, and a draft report will be available within weeks.

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July 2014 - Snapshot Total Operating Income Total Operating Expenditure Operating Deficit Total Capital Income (grants, developer contributions)

$ $ $ $

1,217,976 3,632,031 (2,414,055) 218,440

Net Result - Surplus

(2,195,615)

Capital Expenditure Total capital expenditure of $2,317,569.00 (including commitments) has been spent in July. $2,038,886.00 relates to finishing off 2013/14 capital projects. Any unspent budgets relating to capital projects that were not completed during 2013/14 will be carried forward into this financial year at the next budget review. Income Analysis Total income (including capital income of $218,440.00) for the period ending 31 July 2014 is $1,436,415.00 compared to a YTD budget of $1,344,458.00. The graph below shows actual income against budget for the period ending 31 July 2014.

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Description Net Rates & Utility Charges Fees & Charges Operating Grants, Subsidies & Contributions Interest Received Works for Third Parties Other Revenue Capital Income

Actual YTD

Wednesday 20 August 2014

Budget YTD

Note

742,554 241,465

0 86,030

1 2

18,182 9,295 63,381 143,099 218,440

0 48,360 902,947 307,121 0

3 4 5 6

Variances to note are: 1. The actual figure this month represents water consumption that will be included in the August rate notices. 2. $116k of actual income relates to animal registrations and licence renewals, which all belong in July 2014, however the budget has been apportioned equally across 12 months. Also contributing to the favourable variance is actual income from Dimbulah Mausoleum wall ($15k) and Planning application fees ($12k) which were higher than anticipated. 3. Council's management reports do not provide interest revenue until such time as it has been earnt. Investments are generally renewed on a six monthly cycle in line with cashflows relating to rates levies. A $5M term deposit will mature in September. 4. The July RMPC claim is to be lodged in mid-August and is expected to be around $336k. Two MRD projects, Burke Developmental Road and Mt Mulligan Hwy, have been approved for a total cost of $5.5M. These projects are currently in tender stage and once finalised work will commence. 5. The July invoice for SITA waste levy and weighbridge charges, was raised in August for $162k. 6. $163k relates to developer contributions and $54k relates to the construction of the pump station at Ibis Dam. Expenditure Analysis Total expenses for the month ending 31 July 2014 are $3,632,031.00 which is lower than the YTD budget of $4,606,079.00. The graph below shows July 2014 actual expenditure compared budget.

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Description Employee expenses Materials & Services Depreciation expenses Finance & Borrowing costs

Actual YTD 1,155,697 1,754,870 720,507 957

Wednesday 20 August 2014

Budget YTD 1,329,758 2,541,804 720,507 14,010

Note

Variances to note are: 1. Aligned with the actual income being lower than budget, expenditure items relating to MRD works is lower being that works have not commenced.

Loan Borrowings Council's loan balances as at 31 July 2014 are as follows: QTC Loans De-amalgamation working capital facility

$2,135,472.00 $4,643,831.00 (estimated $5.2 million)

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Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges payable as at 31 July is $1,969,427.78. Rates will be levied on 18 August for the six months July to December 2014, with the discount period closing on 18 September 2014. Collection House collected $73,966 for the month of July. The outstanding amount for properties currently with debt collection is $815,562.58. Sundry Debtors The total outstanding for Sundry Debtors as at 31 July is $3,877,671.75 which is made up of the following: Current $687,858.74

30 days $962,641.35

60 days $1,996,651.94

90 + days $230,519.72

17.74%

24.83%

51.49%

5.94%

$2,567,817.31 or 80% of outstanding debtors 30 days or greater relate to government departments. LINK TO CORPORATE PLAN NIL CONSULTATION Internal Director Corporate Services External NIL LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local governmentâ&#x20AC;Śif the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month. POLICY IMPLICATIONS Information has been provided to achieve compliance with Council's Procurement Policy. FINANCIAL & RESOURCE IMPLICATIONS Nil

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IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1. Financial Statements - July 2014 (DWS#2986237) Date Prepared:

11/08/2014

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ITEM-6

Wednesday 20 August 2014

SALE OF LAND DUE TO RATES IN ARREARS

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1) (h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (h)

Other business for which a public discussion would be likely to prejudice the interests of Council or someone else, or enable a person to gain a financial advantage.

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-7

THONGON STREET, KURANDA EXISTING KERB AND CHANNEL

REPLACEMENT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Technical Services Coordinator

DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY Replacement of the damaged driveway and basic patching to existing kerb and channel was undertaken on Thongon Street Kuranda between Thooree and Coondoo Streets as per the recommendations on the report to Council on 4 June 2014. It was found that due to delivery trucks driving up onto the footpath, the patching has now begun to crack. In order to overcome this, it is advised that the 100m section of kerb and channel be replaced with barrier kerb and channel in order to deter vehicles of any type from causing further damage. OFFICER'S RECOMMENDATION "That Council replace approximately 100m of the existing kerb and channel on the southern side of Thongon Street, Kuranda between Thooree and Coondoo Streets with barrier kerb and channel, to be funded from the Developer Contributions Reserve for roads in Kuranda." BACKGROUND A previous report to Council recommended the undertaking of basic patching to the existing kerb and channel (approximately 100m) on the southern side of Thongon Street, between Thooree and Coondoo Streets, Kuranda. These works were undertaken and it was found that the patching started to crack due to delivery vehicles driving over the kerb and channel and onto the footpath to make deliveries. Replacement of the kerb and channel will require the removal of a 1.5m wide strip that will include road pavement, the existing damaged kerb and channel and approximately 0.3m of footpath. Any new kerb and channel can then be replaced on the same current alignment. It is intended in the re-design, significant allowance will be made for large vehicle turn in / turn out for accessing Foodworks.

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LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans development for all infrastructure 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 Technical Services Coordinator Coordinator Transport Infrastructure External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital $20,000.00 - $30,000.00 Operating Is the expenditure noted above included in the 2014/2015 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure To be funded from the Developer Contributions Reserve for roads in Kuranda IMPLEMENTATION/COMMUNICATION N/A ATTACHMENTS Nil Date Prepared:

29 July 2014

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ITEM-8

Wednesday 20 August 2014

INTERFACE AGREEMENT - OPEN LEVEL CROSSINGS WITHIN MAREEBA SHIRE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

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

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY Provide details of Councils legislative responsibilities regarding the management of Open Level Crossings (OLC) where they intersect Council controlled roads. The Local Government Association of Queensland (LGAQ) has on behalf of all Queensland Councils negotiated a Memorandum of Understanding with the Department of Transport and Main Roads setting out stakeholder obligations with respect to the management and funding of safety compliance measures at rail level crossings. Further to this Councils have been presented with an 'Interface Agreement' which Queensland Rail has requested Council sign and endorse as a 'fait accompli'. Having raised concerns with LGAQ Council were advised that the agreement is not negotiable. Not withstanding the LGAQ advice, officers have concerns regarding Councils ongoing liability for auditing and operational expenditure associated with road manager compliance obligations under the proposed agreement. OFFICER'S RECOMMENDATION "That Council enter into the Interface Agreement subject to reaching agreement with Queensland Rail in regards the establishment of joint auditing protocols applying to the regular oversight of all open level crossings in accordance with the provisions of the Transport Rail Safety Act 2010." BACKGROUND In late 2010 Queensland Rail advised Council of the proposed implementation of a formal 'Interface Agreement' to define rail and road manager obligations for managing risk at open level crossings (OLC) across Queensland. The Interface Agreement is a function of the legislative requirements of the Transport Rail Safety Act 2010 and will supersede the existing Memorandum of Understanding (MOU) in relation to management and funding responsibility for maintaining safety at all level crossings across Queensland. The agreement negotiated with Queensland Rail (QR) by the Local Government Association of Queensland (LGAQ) on behalf of all Queensland Councils effectively transfers responsibility for

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the ongoing inspection and maintenance of open level crossings across Queensland to the respective local authorities. Queensland Rail as the primary stakeholder responsible for drafting of the Interface Agreement has been complicit in assigning local authorities responsibility for level crossing auditing and compliance. This is despite QR having the necessary auditing capability in place and the Transport Rail Safety Act 2010 having provision for QR to continue with the auditing. LGAQ advised that Queensland Rails draft Interface Agreement is based on a principle that contends the instigator of risk at a level crossing is the 'road' and that this therefore obliges the road manager the encumbrance of the compliance responsibility. LGAQ initially advised Council that the agreement had to be executed by 1 September 2012 however due to a number of extenuating factors, including Council de-amalgamations, the deadline for sign-off was postponed. LGAQ also advised that a number of Queensland Councils have signed-off on the agreement while approximately ten (10) Councils remain in dispute with QR due to concerns similar to those held by Mareeba Shire Council. The matter was initially reported to Tablelands Regional Council 1 August 2012. Tablelands Regional Council - Action Ordinary Meeting SUBJECT: Management of open level crossings interface agreement Moved by Cr Jensen

Seconded by Cr Taylor

"That Council resolve to advise the Local Government Association of Queensland (LGAQ), that the Interface Agreement negotiated by the LGAQ with Queensland Rail imposes unreasonable cost on Tablelands Regional Council and in its present form is untenable; And, That Council further resolve to advise Queensland Rail (QR), that Tablelands Regional Council will not enter into any interface agreement with QR unless appropriate and substantive compensation for the responsibilities transferred is agreed." CARRIED UNANIMOUSLY INTERFACE AGREEMENT IMPLICATIONS The proposed Interface Agreement appears to represent an apparent shifting of responsibility and risk to local authorities with the requirement for Councils to assume responsibility for regular auditing and maintenance of primary concern. Queensland Rail (QR) currently undertakes auditing and vegetation clearing to ensure level crossings comply with Manual of Uniform Traffic Control Devices (MUTCD) specifications. The local QR maintenance foreman advised QR is also responsible for maintaining stop and give-way signage assemblies at level crossings.

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The current Memorandum of Understanding (MOU) devolves responsibility for level crossing pavement marking and advanced warning signage to the road manager. In the course of its post wet season road slashing program Council also carries out general visibility clearing at level crossings to compliment QR maintenance. Council's slashing is conducted without any technical regard for visibility sight distance parameters detailed in Part 7 of the MUTCD. A review of the draft Agreement indicates a significant increase in Council responsibility for; •

the operational oversight of 33 active rail crossings within the local government area including four (4) TMR crossings included under Councils RMPC contract.

•

the requirement to carry out 6 monthly compliance auditing. QR have advised it would only audit crossings at six (6) yearly intervals at the expiry of an Interface Agreement and prior to formalising a subsequent agreement.

•

risk exposure as a result of QR relinquishing regular auditing responsibility.

•

training and commitment of suitably qualified Council personnel to conduct audits.

Desk top assessment of cost expectations associated with the additional auditing and compliance requirement estimates the need for an additional budget allocation of $132,000 annually. The Transport Rail Safety Act 2010 Sections 73 and Section 75 details the statutory obligations of the Road and Rail Managers regarding the management of level crossings. Queensland Rail representatives met with the Chief Executive Officer and Manager Technical Services on 30 May 2014 to discuss the legislative requirement for Mareeba Shire Council to enter into the Interface Agreement. Meeting minutes are attached. LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans development for all infrastructure 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 Technical Services Chief Executive Officer External Queensland Rail LGAQ LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) The requirement to enter into an “Interface Agreement” is legislated under the Transport Rail Safety Act 2010 and as such local authorities will be compelled to comply in due course.

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POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Should Council be required to fund regular auditing and maintenance on the level crossings across the region it is estimated it would cost approximately $132,000.00 per annum. Is the expenditure noted above included in the 2014/ 2015 budget? No, this expenditure will only commence in the 2015/16 financial year if required. IMPLEMENTATION/ COMMUNICATION Advise Queensland Rail (QR) of Councils position regarding the current terms of the Interface Agreement and continue negotiation seeking to secure a more acceptable outcome for Council. ATTACHMENTS 1. 2. 3. 4.

Interface Agreement Meeting Minutes QR and MSC 30 May 2014 (ECM # 2969372) Letter from LGAQ dated 11 September 2012 regarding Interface Agreement (ECM # 2537504) Transport Rail Safety Act 2010 - Rail and Road Manager Obligations; Sections 73 and 75 Transport Main Roads Road Manager Information Interface Agreements (ECM # 2967247)

Date Prepared:

29 July 2014

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ITEM-9

Wednesday 20 August 2014

KURANDA PEDESTRIAN, TRAFFIC AND PARKING STUDY UPDATE REPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

REPORT OFFICER’S TITLE: Technical Services Coordinator DEPARTMENT:

Infrastructure and Maintenance Services

EXECUTIVE SUMMARY A pedestrian, traffic and parking study was conducted in Kuranda by Traffic Engineers Bitzios Consulting and was reported to Council on 21 May 2014 and resolved that Council Officers address the Action Plan Strategies listed in this study. This report details the progress of the resolution by Council on the 21 May 2014 and where it currently stands within the 2014/15 design program. Within the Technical Services Section the project was broken down into three (3) different tasks in order to work out approximate timeframes and dates. They are as follows: • • •

Analysis of the report - 21/07/2014 to 04/08/2014 Design of each of the strategies - 22/09/2014 to 03/11/2014 Construction and implementation of each of the strategies - Commencing on 11/11/2014

Any customer requests relating to pedestrian, traffic or parking issues within the Kuranda area are also being reviewed to see if they can be implemented as part of these works. OFFICER'S RECOMMENDATION "That Council note the report on the progress for delivery of Action Plan Strategies as detailed in the Kuranda Pedestrian, Traffic and Parking Study." BACKGROUND The Kuranda Pedestrian, Traffic and Parking Study was completed by Bitzios Consulting in April 2012 and to date only a small number of these recommended strategies (projects) have been addressed. 62 recommendations from the "Action Plan Implementation" where grouped as follows: • • •

By category including Traffic (20), Parking (14), Pedestrian (17), Public Transport (5) and Service Vehicle (6); By suggested timing of delivery including immediate, short term, medium term and long term; By cost grouping i.e. less than $10,000; $10,000-$50,000; $50,000-$100,000 etc. Page 85

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Approximately 33 projects were listed with timing for delivery as "immediate" and estimated to cost under $50,000. Council resolved and authorised Council Officers to address Action Plan Strategies listed in the Bitzios Consulting study by: • •

Preparing the necessary documentation to enable projects listed as "Immediate" and estimated to cost below $50,000 to be delivered; and Considered for inclusion in the 2014/15 budget $340,000 for projects as identified in the report, to be funded from the Kuranda Car Parking Developer Contributions Reserve.

Approximately 33 projects were noted to be listed with timing for delivery as "Immediate" and there were also a further three (3) projects that were noted to be listed in the "Immediate" category that fell into a cost grouping that varied from $100,000 to $250,000. This information was then passed on to the Technical Services area to programme along with other 2014/15 Capital Works Projects. As part of the programming for the necessary documentation, the works were broken into three (3) tasks as shown below. •

Analysis of the Report - 21/07/2014 to 04/08/2014 o There were 10 working days allocated for the Technical Services Coordinator to read through the report, make comment and take notes on each of the strategies to then be able to pass on to the designers for documentation

•

Design of Each of the Strategies - 22/09/2014 to 03/11/2014 o There are 30 working days allocated to the Design Office to complete the documentation for each of the 33 listed projects. The start date of this was collaborated with the completion of other designs that are programmed to be carried out as part of the 2014/15 Capital Works Program.

•

Construction and Implementation - Commencing on the 11/11/2014 o In line with the completion of other Transport Infrastructure projects, the proposed start date for the construction and implementation of the strategies was determined as above.

Further to this any customer requests that have been received in regards to any pedestrian, traffic or parking issues within Kuranda are also being reviewed to see if they can be implemented as part of these works. 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 Technical Services Technical Services Coordinator

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External Bitzios Consulting 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? No If not you must recommend how the budget can be amended to accommodate the expenditure To be funded from the Kuranda Car Parking Developer Contributions Reserve IMPLEMENTATION/COMMUNICATION Necessary communications will be provided to the Kuranda Community on the proposed works. ATTACHMENTS Nil Date Prepared:

13 August 2014

<<Insert Link Here >>

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ITEM-10

PROPOSED PROGRAM

DRAFT

Wednesday 20 August 2014

THREE

YEAR

CAPITAL

WORKS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

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

Infrastructure Services

EXECUTIVE SUMMARY A draft Three Year Capital Works Program has been developed as a guide for Council and as a tool for Council officers to refer to when producing the annual Capital Works Proposals for Council's consideration. The program will strengthen Council's ability to demonstrate financial sustainability in the long term. This report explains the methodology used to develop the program and outlines the benefits, limitations and next steps for Council. OFFICER'S RECOMMENDATION "That Council note initial draft the Three Year Capital Works Program that is proposed to be used as a guide and tool for developing the 2015/16 Capital Works Budget." "That Council note that further workshops will be held to develop the Three Year Capital Works Program as asset management plans are concurrently developed." BACKGROUND Council officers have prepared the first draft of a three year rolling Capital Works Program (CWP) for Transport, Water, Wastewater, Waste and Parks and Gardens, Plant and Fleet. Land and Facilities have not yet been included, but will be at a later stage. The CWP is proposed to deliver around thirty projects per year (excluding the Reseal Program and Plant and Fleet acquisition) and assumes approximately the same budget as for 2014/15 financial year. The Three Year Draft CWP has been prepared to inform Council and strengthen the Long Term Asset Management Plan (which is under development) and Long Term Financial Forecast that are requirements of the Local Government Act 2009, Section 104. The Act states that a local government is financially sustainable if the local government is able to maintain its financial capital and infrastructure capital over the long term. This report proposes to provide Council with an overview of how projects have been identified for the CWP and the benefits to Council of having a detailed three year program developed in terms of strategic asset management planning, capital works delivery and long term financial sustainability. The report proposes to also identify limitations to this process and propose a pathway for Council to build a more robust CWP. Further, the Three Year Draft CWP identifies projects unlikely to be funded in the medium term and highlights areas of financial risk to Council, particularly in terms of Water, Wastewater and Waste where significant funding gaps have been identified.

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How do projects get in the Draft Three Year CWP? This initial draft has been described as a Three Year Capital Works Program with a 20% margin of error. In addition, any forward plans cannot take into account unexpected events and this plan is based on normal operating conditions. It has been developed as a desktop exercise initially using unfunded projects from the 2014/15 Capital Works Program and will be subject to scrutiny by Councillors in a series of workshops. The 2014/15 Capital Works Program was developed using the following process: 1. 2. 3. 4. 5. 6. 7.

Review of available asset data (PPT, Asset Registers and operational knowledge). Risk assessment workshops of shortlisted projects using NAMS Plus 2 (National Asset Management System) template. Final list of project proposals prepared for Council Available budget matched to final proposal list Unfunded projects kept on file for future consideration The first draft of the 10 Year Asset Management Renewal and Upgrade Strategy for Water and Waste water was considered/ Managers and senior officers were asked to add any additional key projects required to maintain current levels of service.

Additional projects may be required to be added which are currently outside the control of Council, particularly in the area of waste and wastewater. Benefits to Council It is acknowledged that this draft Three Year CWP is not to be applied as an exact foundation for future budget adoptions. However, it does provide significant benefits to Council for the following reasons: • •

• •

It will provide sufficient lead time to plan and understand each project's critical time, cost and quality characteristics and apply sound project management principals. It will become the foundation for a 10 Year Capital Works Plan that supports a Long Term Asset Management Plan focussing heavily on renewals and supporting network growth where applicable. It will allow Council to engage with the community on specific projects as required. It will protect the budget from ad-hoc capital projects that do not fit with Council's strategic direction.

Limitations This draft CWP has been developed using only a subset of tools normally applied to capital works planning. It has also been developed concurrently with the Corporate Plan and as such does not consider Council's Key Strategic Priorities at the moment. For a holistic approach that considers the assets from a lifecycle perspective, the asset management plans need to be further developed and used as the framework for capital works programming. Council officers are proposing to strengthen the condition assessment framework, asset utilisation and demand management plans, maintenance strategies and renewal strategies. These considerations will be directed by the Corporate Plan and incorporated into an asset management planning framework that will form a solid foundation for managing the community's assets and maintaining financial sustainability for Council.

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Going Forward - Next Steps When the 2014 -15 Capital Works Program was presented to Council for consideration, officers provided the following outline of the next steps required to develop a more robust and strategic capital works program, using an asset management framework. Stage 1 - Risk Assessment Workshops - 2014/15 Capital Works Program Preparation

Stage 2 - Strategic Planning - Develop Core Lifecycle Asset Management Plans

Stage 3 Review Asset Management Plans

Stage 4 Prepare Advanced Asset Management Plans

This draft Three Year CWP is part of the Strategic Planning component of Stage 2. Officers are now progressing through Stage 2 as outlined above and will be seeking Council input into the development of the Lifecycle Asset Management Plans The next step will be for Council to review the capital investment strategies setting criteria for the Project Prioritisation Tool. 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 Director Infrastructure Services Manager Technical Services Manager Water and Waste Manager Works Environmental Compliance Officer External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Local Government Act 2009, Section 104 POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital The program will inform and be used as a guide for future capital works programs.

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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.

Three Year Capital Works Program

Date Prepared:

13 August 2014

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WATER & WASTE ITEM-11

MAREEBA WASTE INFRASTRUCTURE - COMPOSTING OPERATION AGREEMENT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY The Composting Operation Agreement (Agreement) at the Mareeba Landfill is due to expire on 31 December 2014. Under the Agreement, both Good Earth Technology trading as King Brown Technology (KBT) and Mareeba Shire Council (MSC) are to advise each other in writing by 30 September 2014 as to whether they wish to enter into a new agreement. This report recaps the Council workshop of 7 May 2014 and outlines the findings of an audit undertaken against the Agreement contract and the relevant Environmental licence. It also provides further discussion about the decision to further the Agreement in regard of Council’s procurement policy and future strategic direction. OFFICER'S RECOMMENDATION "That Council does not continue or enter into a new Agreement with KBT, as provided for by the current Agreement, at the Mareeba Landfill as to do so would be inconsistent with Council policy." BACKGROUND A workshop was held on 7 May 2014 to discuss the impending decision to renew the Agreement with KBT. The Council Workshop report is attached (Attachment A). In that workshop, the genesis of the project and the financial relationship between parties were discussed. The benefits of continuing the arrangement between parties was explained and these were: • • • •

Council continues to be a low contributing partner Council will continue to receive a return of, and a return on, its investment KBT will be in a better position to manage its financial operation and ensure its long term sustainability Reduces the risk of the operation ceasing and thus increasing the opportunity for farmers and others to access the compost product and improve soil and crop condition. Page 115

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It was decided in that workshop that a full audit against the Composting Operation Agreement and the Environmental Authority was to be undertaken prior to any decision being made about furthering the Agreement. Contract and Environmental Authority Audit On the 22 May 2014, an audit was undertaken by Council’s Environmental Compliance Officer with Council’s Waste Services Supervisor and KBT in attendance. A number of non-compliances were identified during that audit. The detailed findings of the audit are contained in a letter sent to KBT (Attachment B). The incorrect classification and packaging of the product, pond conditions and the lack of continuous day to day supervision present the greatest concern to Council’s Water and Waste staff. A decision to further the Agreement would result in Council having to enforce conditions of the Environmental Authority and / or seek to amend licence conditions. Procurement Policy It is possible that any decision to renew or enter into a new contract with KBT be inconsistent with Council’s Procurement Policy's sound contractual principles: 1. 2. 3. 4. 5.

Value for Money; and Open and Effective Competition; and The Development of Competitive Local Business and Industry; and Environmental Protection; and Ethical Behaviour and Fair Dealing.

For the composting activity to be continued onsite, it is suggested that Council would need to develop a tender specification and go through the public tender process. KBT would then have to compete with any other interested parties for tenure over the site. Strategic Planning for Mareeba Landfill Any arrangements entered into for the ongoing use of the site for compost production will have to have regard to any future development and management plan prepared by Council for the overall landfill site and the potential requirement for the use of the composting site for waste disposal or other waste management activities. The composting operation is located where future landfill cells 4 and 6 are intended to be constructed. Cells 4 and 6 are only licensed to take solid inert waste (as opposed to putrescible waste) unless an odour modelling assessment finds the risk of odour impact low and manageable. Council does not have a strategic master plan for the Mareeba Landfill and as such it is unknown as to whether cells 4 and 6 will be necessary to develop in the immediate future. This uncertainty is further compounded by SITA’s current notice of contract termination. Council is currently undertaking a timely and prudent Waste Service Situation Analysis that identifies and analyses waste service risks to Council. It is intended to draw a “line in the sand” for Council from which strategic decisions may be made for the Council’s future waste services. An assessment as to whether composting operations, whether undertaken by an external body or by Council, are part of the future strategic direction will be made during the process of developing a strategic master plan for Mareeba’s waste services. A strategic master plan for the Mareeba Landfill will not be developed by the time Council must notify KBT of its intentions to further the Agreement. Page 116

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Notwithstanding, the composting operation is not a current core business of Council but rather a trial. In light of the Council’s current Service Rationalisation, the audit process identified that this project is not being operated as efficiently and effectively by Council as is necessary to warrant continuation. Negative Consequences of Not Furthering the Agreement The negative consequences associated with not continuing the Agreement are: • • • • 1.

Council will not continue to receive a return of, and return on, its investment, and Agricultural user's access to a soil and crop improver product will be limited. A regular use of bulk mulch produced at the landfill will be eliminated. Limits use of local waste resources.

Return of Capital The Council Workshop report identified: • The pad constructed by Council would have retained value to Council for mulch storage; and • The shed would have an ongoing value to Council and could be relocated to another site if necessary.

2. Local Composting Market There are three alternative producers and suppliers of soil improvement products within Mareeba Shire: Swiss Farms, Remondis and Lavis. 3.

Use of mulch The mulch produced by Council would have value in use for environmental compliance measures such as erosion control and waste cover.

4. Use of local waste resources It is envisaged that the other local producers of soil conditioners and improvers would make use of the resource. Summary of Consequences / Risks Table 1 summarises the consequences of furthering or entering into an Agreement with KBT under the current provisions of the Agreement: Positive Negative Use of mulch Conflicts with Procurement Policy Use of local waste resources Continued Environmental Compliance issues Continued return on capital investment Limited return on capital investment Continued access to soil improvers and conditions for agricultural users Table 1 – Summary of positive and negative impacts of continuing current Agreement

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CONSULTATION Internal Director Infrastructure Services Environmental Compliance Officer Supervisor Waste Services Accounts Receivable External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Local Government Regulation 2012 Public Service Ethics Act 1994 Environmental Protection Act 1994 POLICY IMPLICATIONS The decision to inform KBT that Council does not intend to further the Agreement has Operational Plan implication. The decision to further any agreement has Procurement Policy implication. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Council is responsible under the agreement for any rehabilitation for the site. 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 Consultation and written communication with KBT. ATTACHMENTS 1. 2.

Attachment A – Council Workshop Report 7 May 2014, Alan Lambert. Attachment B – Letter to KBT Post Audit dated 3 June 2014.

Date Prepared:

13 August 2014

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Attachment A

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Attachment B

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CHIEF EXECUTIVE OFFICER MEDIA AND EVENTS ITEM-12

THE GREAT WHEELBARROW RACE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

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

Events Officer

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY For transparency purposes, the Great Wheelbarrow Race Committee, which manages the event, was asked to update Council on the 2014 race. Following recent discussions with the Committee, it has become apparent that the members want to take on more responsibility for the event to ensure it runs within its financial constraints. With this in mind, the committee intends to grow the event in the future - both in competitors, sponsorship and fundraising capabilities. Under the current arrangement, $25,000.00 is budgeted for in the 2015 year. This budget will cover all expenditure including the running of the race, limited salaries and wages, promotion and marketing, catering and entertainment. OFFICER'S RECOMMENDATION "That Council receive and note the report regarding the update on the Great Wheelbarrow Race event 2014." BACKGROUND In May of each year, Mareeba plays host to The Great Wheelbarrow Race. The 2014 race attracted a record number of entries, with 74 teams, or more than 700 people, participating in this wonderful annual event. Some teams go to remarkable lengths to raise money for their nominated charity during the leadup to the race. Last year, competitors raised a total of $437,000.00 for a range of charities including Make A Wish Foundation, Angel Flight, the Queensland Cancer Council, the Australian Association of Assistance Dogs, Cystic Fibrosis, and the Indie Rose Foundation. Thousands of people went away from the 2014 Great Wheelbarrow Race saying "the event is fantastically run and you all do a marvellous job!" With this motivation and enthusiasm the committee is going forward with the purpose to ensure the 2015 race is even better.

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Taking into consideration the feedback received, the committee is starting to take the steps necessary to improve next year's event by focusing on: • Provision for more amenities in Almaden by the way of showers and toilets • More promotional material such as additional blow up branded arches • Time keeping device • Promotion and signage for sponsors • Additional categories, ie "inclusive" category • Salaries and wages for Saturday and Sunday • Fencing for the finish lines and upgrade the consistency of the finish visual • Sponsorship values • Medic on site for the duration of the weekend The 2013 race ran at an expense of $83,000.00. Through various avenues of cost savings and an increase in nomination fees the 2014 race cost $63,838.00 to run. Sponsorship received for this event totalled $19,500.00. Council budgeted $25,000.00 for the race. LINK TO CORPORATE PLAN COM 4 - Encourage vibrant and active community participation in arts, culture and natural heritage activities to enrich lifestyle and encourage tourism. CONSULTATION Internal Chief Executive Officer Finance Cr Brown External NIL LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Wheelbarrow Race Budget for 2015 is $25,000.00.

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ITEM-13

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15 OCTOBER 2014 ORDINARY COUNCIL MEETING KURANDA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 August 2014

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

Office of the Chief Executive Officer

EXECUTIVE SUMMARY At its ordinary meeting 2 July 2014, Council resolved to hold a Council meeting in different locations throughout the Shire on a quarterly basis. OFFICER'S RECOMMENDATION "That Council hold its Ordinary Council Meeting on the 15 October 2014 in Kuranda." BACKGROUND The purpose of holding Council meetings in different locations across the Shire is to provide an opportunity for members of the community to attend and interact with Councillors and senior staff.

LINK TO CORPORATE PLAN GOV 4 - Develop a clear communication plan to engage with communities, including increased councillor availability, to achieve greater understanding of Council decision making processes and policies. CONSULTATION Internal Councillors External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil Page 131

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FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Notice of the meeting date to be advertised in the local media. ATTACHMENTS Nil Date Prepared:

13/08/2014

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