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Minutes of CCRC Local Government Meeting 26 November 2009

CASSOWARY COAST REGIONAL COUNCIL

MINUTES OF THE LOCAL GOVERNMENT MEETING HELD AT THE GIRRINGUN ABORIGINAL CORPORATION, 235 VICTORIA STREET, CARDWELL ON 26 NOVEMBER 2009 COMMENCING AT 9.05AM. PRESENT: Crs B Shannon (Mayor), M Nolan, I Rule, J Downs, B Horsford, R Sorbello and C Silvestro and Messrs T Brennan (Chief Executive Officer), P Cochrane (Director, Corporate Services) and I D Adcock and Ms J Sorensen (Mayor’s Secretary) and Ms J Cooksley (Minutes Clerk). It was noted when the meeting commenced that Mr Claude Beeron, Girramay Elder and Director, Girringun Aboriginal Corporation, Mr John Andy, Djiru Elder, Chairperson, Girringun Aboriginal Corporation and Pastor representing the Tully Ministers’ Fraternal and Mr Phillip Rist, Chief Executive Officer, Girringun Aboriginal Corporation were in attendance. WELCOME TO COUNTRY: The Mayor welcomed members of Girringun to the meeting whereupon Mr Claude Beeron, conducted the ‘Welcome to Country’ ceremony acknowledging the ancestral spirits, the Traditional Owners of the land, members of Council and visitors to the meeting. OPENING PRAYERS: Cr Shannon welcomed Mr John Andy, Djiru Elder and Pastor representing the Tully Ministers’ Fraternal to offer an opening prayer. Cr Shannon thanked Mr Andy for his prayers. Mr Andy acknowledged Council’s contribution towards the cost of replacing the Djiru sign which was stolen from Clump Point and thanked Council for its support. Mr Phillip Rist commented that it was a privilege and a first to have Council meet at the Girringun Aboriginal Corporation and welcomed Councillors, staff and visitors. Item Number 1.1 CONFIRMATION OF MINUTES OF THE LOCAL GOVERNMENT MEETING HELD ON 12 NOVEMBER 2009 Recommendation: “That the Minutes of the Local Government Meeting held on 12 November 2009 be confirmed as a true and correct record." Moved Cr C Silvestro

Seconded Cr J Downs

Resolution Number 0772 “That the Recommendation be adopted.”

CARRIED


Item Number 2.1 RECEIPT OF MINUTES OF THE JOHNSTONE SHIRE RIVER IMPROVEMENT TRUST, 30 OCTOBER 2009 Recommendation: “That the Minutes of the Johnstone Shire River Improvement Trust Meeting held on 30 October 2009 be received." Moved Cr B Horsford

Seconded Cr M Nolan


CARRIED

9.15am Mrs M Cox (Manager of Finance) entered the meeting. 3.1 BUSINESS FROM PREVIOU MEETING – PETITION – APPLICATION FOR SEVEN

(7) DAY TRADING, WOOLWORTHS, MISSION BEACH The Mayor noted the petition referred from the previous meeting directly related to the Notice of Motion by Cr J Downs and suggested that the Notice of Motion be dealt with at this point in the meeting.

Item Number 8.2 NOTICE OF MOTION – STATEMENT OF SUPPORT TO THE PETITIONERS OPPOSING WOOLWORTHS APPLICATION FOR SEVEN DAY TRADING AT MISSION BEACH – SUBMITTED BY CR J DOWNS Moved Cr J Downs

Seconded Cr M Nolan

Resolution Number 0774 “That the Cassowary Coast Regional Council make a Statement of Support to the 950 Petitioners (both local residents and visitors) who have indicated their opposition to the Seven (7) Day Trading Application for Woolworths, Wongaling Beach.”

THE MOTION WAS CARRIED – 6 votes to 1 with Crs J Downs, M Nolan, I Rule, B Horsford, C Silvestro and R Sorbello voting FOR the Motion and Cr B Shannon voting AGAINST the Motion.

9.45am Mr D Trotter (Director, Works), Mr R Jennings (Manager of Water) and Mrs J Ridinsky (Media and Communications Officer) entered the meeting.


Item Number 4.1 CCRC-290/09 – LOCAL GOVERNMENT ACT 2009 Executive Summary: The Local Government Act 2009 will replace the Local Government Act 1993. The new Act has passed through Parliament but has not yet come into operation, with an anticipated commencement date in early to mid 2010. The Act has been developed using a principles- based approach and is far less prescriptive but it contains increased accountability measures. There are 5 key principles contained in the Act around which decision-making should be based. The Act includes specific provisions regarding the ‘separation of powers’ between Elected representatives and staff and their roles and responsibilities, new measures to deal with the resolution of conflicts of interest, increased Ministerial intervention powers, a much larger focus on integrated long term planning, including the development of community plans and long term financial and asset management plans. Regulations to support the operation of the Act have not yet been finalised and more detailed information is likely to be contained in these regulations. Recommendation: “That the report of the Chief Executive Officer on the Local Government Act 2009 be received.” Moved Cr I Rule

Seconded Cr R Sorbello


CARRIED

Item Number 4.2 CCRC-291/09 – STAFF RECOGNITION AND AWARDS Executive Summary: Prior to amalgamation, both the former Cardwell and Johnstone Shire Councils recognised long serving employees and the Johnstone Shire Council also had Annual Awards to recognise pride of work and also innovation. It is considered an essential element of Council’s developing employee attraction and Retention Strategy, to recognise employees when they reach certain milestones in their careers with Council. It is now necessary for Council to make a decision on how we should recognise long serving employees and also whether Council wishes to continue to recognise individuals or work groups for pride of work and also for innovation. Background information on the former arrangements is provided for Councillors’ information and consideration.


Item Number 4.2 CCRC-291/09 – STAFF RECOGNITION AND AWARDS (Cont’d…)

Officer’s Recommendation: “That: 1. Council approve long serving employees being presented with certificates in

recognition of their service with Council as outlined below:

• 10 Years of Service – presentation of Certificate; • 20 Years of Service – presentation of a framed Certificate; • 25 Years of Service – a gift to a value decided by Council.

2. That presentations of Certificates be made at the annual Christmas party to

those employees who have reached one of the above milestones during the calendar year;

3. That this year Council present certificates for those who have attained 10, 20 or

25 years of service since the date of amalgamation, being Monday 17th March 2008.

4. Further, in relation to an annual Award for Pride of Work and Innovation Award, given the short time frame until the Staff Christmas party that:

• no Awards be presented in 2009;

• Council give consideration to re-commencing presentation of these Awards in future years, that nominations be called for from all employees and that the Senior Executive Management Team, with the assistance of the Human Resource Manager, assess the nominations and make a decision on who should receive the Award(s).

• Council consider if a monetary award is appropriate, and if so to what value, or if it would consider other options such as possibly providing for the cost of the employee to attend a professional development activity.”

Moved Cr J Downs

Seconded Cr I Rule

Resolution Number 0776 “That the Recommendation be adopted

subject to the following amendments:

1. • 25 years of Service – a gift to (DELETE) a value decided by Council and (INSERT) the value of $300

3. That this year Council present

Certificates for those who have attained 10, 20 or 25 years of service (INSERT) with either of the former Johnstone and Cardwell Shire Councils, since the date of amalgamation, being Monday 17th March 2008.


Item Number 4.2 CCRC-291/09 – STAFF RECOGNITION AND AWARDS (Cont’d…) AMENDMENT TO THE MOTION:

Moved Cr R Sorbello

Seconded Cr C Silvestro


subject to the following amendment:

4. Further, in relation to an annual award for Pride of Work and Innovation Award, given the short time frame until the Staff Christmas party that: Dot Point 3 • (DELETE) Council consider if a

monetary award is appropriate, and if so to what value, or if it would consider other options such as possibly providing for the cost of the employee to attend a professional development activity.

and REPLACE with: • A perpetual trophy/shield be

awarded to recipients of the annual Pride of Work and Innovation Awards.”

THE MOTION WAS LOST – 1 votes to 6

with Cr R Sorbello voting FOR the Motion and Crs B Shannon, M Nolan, J Downs, I Rule, B Horsford and C Silvestro voting AGAINST the Motion.


Item Number 4.2 CCRC-291/09 – STAFF RECOGNITION AND AWARDS (Cont’d…) AMENDMENT TO THE MOTION:

Moved Cr C Silvestro

Seconded Cr J Downs


subject to the following amendment:

4. Further, in relation to an annual award for Pride of Work and Innovation Award, given the short time frame until the Staff Christmas party that: Dot Point 3 • (DELETE) Council consider if a

monetary award is appropriate, and if so to what value, or if it would consider other options such as possibly providing for the cost of the employee to attend a professional development activity.

and REPLACE with: • Award recipients receive a monetary

reward of $150, a framed certificate and a perpetual trophy/shield be established to recognise the annual winner of both of the Awards.

THE MOTION WAS CARRIED – 6 votes to 1

with Crs B Shannon, M Nolan, J Downs, B Horsford, R Sorbello and C Silvestro voting FOR the Motion and Cr I Rule voting AGAINST the Motion.

THE AMENDMENT BECAME THE SUBSTANTIVE MOTION AND ON BEING PUT WAS CARRIED UNANIMOUSLY. 10.05am – 10.35am The meeting adjourned for morning tea. It was noted when the meeting reconvened that Messrs D Trotter (Director Works) and D Horton (Manager, Planning Services) were in attendance.


BRIEFING BY GIRRINGUN ABORIGINAL CORPORATION PRESENTED BY PHILLIP RIST, CHIEF EXECUTIVE OFFICER Mayor Bill Shannon invited Mr Rist to brief Council on the Girringun Aboriginal Corporation. Mr Rist chose to firstly introduce Dr Valerie Keenan, Girringun’s Arts Centre Manager. Dr Keenan advised the Arts Centre has been operating for 12 months with workshops being held two days a week and artists producing traditional paintings, rainforest arts, weavings and wooden artefacts. Exhibitions are expected to be held in Brisbane, Sydney and Melbourne with the potential to also hold an exhibition in London. Dr Keenan asked for Council’s support in promoting the Arts Centre and the workshops and artists producing these distinctive traditional artworks. Dr Keenan also advised the Museum/Keeping Place is currently showcasing artefacts and paintings on loan from the Queensland Museum as well as art works and artefacts highlighting the Girringun culture. Mr Rist thanked Council and the Traditional Owners, the Girramay People for allowing us to meet here and touched on some issues of local significance: • An Aboriginal Protocol document is in the process of being developed. Once available,

Council will find it a useful tool to use in partnership with the local Aboriginal groups. The document will cover ‘Welcome to Country’ ceremonies and appropriate occasions to fly the Aboriginal and Torres Strait Islander flag, etc.

• Mr Rist asked Council to revisit the issue of the Kirrama Range Road, which is currently

closed and advised the road appears to be in good condition at present. • Mr Rist enquired about the Flame Tree located on the water front and why it was not

working? Mr Andy added that Council had agreed to erect a plaque and some lights. Girringun would like to see the Flame Tree operating during the tourism season, between 6.00pm – 9.00pm.

• The Cardwell Skate Park was a joint initiative of the former Cardwell Shire Council and

Girringun. Girringun would like this partnership recognised in the form of a plaque highlighting the good working relationship between the Council and Girringun.

• Mr Rist would like to see a strong indigenous flavour incorporated into the new Tully Multi

Purpose Centre when it is built. Dr Keenan suggested a public art project for the Tully Multi Purpose Centre with the design based on traditional objects still being made in the area given the solid core of artists living locally.

Mr Rist introduced other members of his staff to the Council. An Indigenous Protected Area (IPA) initiative is being developed for the local area to foster the long-term cooperative management of Aboriginal-owned land for the preservation of cultural and ecological values. The benefits are broad and commit to the long-term protection, sustainability and integrity of environmental and cultural values. IPA’s will provide an opportunity to bring extra dollars to the table to maintain areas of regional and cultural significance. Funding has also been approved to employ 11 Rangers, with 3 working on country ranges in Cardwell, 4 working in Ingham, 2 in Ravenshoe and 2 Wild River Rangers maintaining Hinchinbrook Island.


BRIEFING BY GIRRINGUN ABORIGINAL CORPORATION PRESENTED BY PHILLIP RIST, CHIEF EXECUTIVE OFFICER (Cont’d…) Mr Rist advised steps are in place to commence some strong Indigenous engagement and involvement in the area and extended an invitation to Council to be a part of the IPA negotiating team by nominating a Council representative. Mr John Andy advised the Great Barrier Reef Marine Park Authority and Department of Fisheries have been working with Girringun to develop community-driven approaches to the sustainable management of dugong and marine turtle. Girringun is also looking to collaboratively manage National Parks and rivers, ie. Tully River, Herbert River and Catchment areas, etc. with other Government agencies. Girringun are being watched very carefully with funding for this programme ongoing for at least 3 years. In closing, Mr Rist advised Girringun are the primary host of the 2011 Queensland Coastal Management Conference being held in conjunction with Terrain and the Dry Tropics with 300 – 400 people expected to attend. In response to some of the issues raised by Girringun, Mayor Bill Shannon advised: • The only thing stopping Council from re-opening Kirrama Range Road is money. There are

17 timber bridges that are currently being inspected to determine their condition. If Council can take appropriate remedial action to ensure the bridges are safe, it will consider opening the road, perhaps to restricted traffic.

• There are operational problems with the Flame Tree, however Council will look at putting

this issue back on the agenda. • A plaque recognising the partnership with the former Cardwell Shire Council and Girringun

will be considered for erection at the Skate Park in the future. • With respect to the Tully Multi Purpose Centre, this is a $6 million project. Some funding

could be used for art works for the building and Dr Keenan had indicated that there may be potential grant funding for Indigenous Art in the centre.

Cr Shannon asked Cr Ross Sorbello, Division 1 Councillor, if he would like to represent Council on the Indigenous Protected Area Working Group with EPA, WTMA, WWF, GBRMPA and others, to which Cr Sorbello advised he would be more than happy to be involved. Mayor Bill Shannon thanked Girringun for their briefing and the use of the Girringun meeting facilities and advised Mr Rist that Council will follow-up the issues raised and provide feedback to him. Mr Rist offered an open invitation for Council to meet at Girringun again in the future.


Item Number 5.1 CCRC-281/09 – OUTCOME FROM INTENTION TO SELL LAND FOR RATES ARREARS AUCTION Executive Summary: Fifteen properties were originally issued ‘Notices of Intention to Sell land for Rates Arrears’ due to having not paid overdue rates for more than three years. Of these, only one property remained with unpaid rates and was auctioned on 3rd October 2009. Recommendation: “That the report be received and noted.”

Moved Cr B Horsford

Seconded Cr I Rule


CARRIED

11.05am Ms Aletta Nugent (Manager, Strategic Planning) entered the meeting. Item Number 5.2 CCRC-288/09 – UNAUDITED FINANCIAL STATEMENTS FOR THE 15 MONTH PERIOD FROM 15 MARCH 2008 TO 30 JUNE 2009 Executive Summary: Under Section 49 of the Local Government Finance Standard 2005, a Local Government’s Financial Statements for a financial year must be presented to a meeting of the Local Government as soon as practicable after the statements are submitted to the Auditor-General. Recommendation: “That the Unaudited Financial Statements for the 15 month period from 15 March 2008 to 30 June 2009 be noted in accordance with the legislative requirements of the Local Government Finance Standard 2005.” Moved Cr J Downs

Seconded Cr M Nolan


CARRIED


Item Number 5.6 CCRC-295/09 – FINANCIAL STATEMENTS FOR THE PERIOD 1 JULY 2009 – 31 OCTOBER 2009 Officer’s Recommendation: “That the Financial Statements for the period 1 July 2009 – 31 October 2009 be received.” Moved Cr I Rule


Resolution Number 0781 “That the Recommendation be adopted.” CARRIED

11.25am Mrs M Cox left the meeting. Item Number 5.4 CCRC-285/09 – SALE IN PRIORITY TO CASSOWARY COAST REGIONAL COUNCIL, LOT 5 ON PLAN T746113 LG (SES) RESERVE – BRYANT STREET, TULLY Executive Summary: Letter dated 6 November 2009 from the Department of Environment and Resource Management advising of an offer to request the Minister to seek a grant in fee simple by the Governor in Council over Lot 5 on T746113 in favour of Cassowary Coast Regional Council. The purchasing price has been determined at $165,000 (inclusive of GST) and is subject to Council paying for all associated costs amounting to $4,492.90. The offer will lapse unless the following Departmental requirements are met:- 1. Completion and return of the Notification of Acceptance of Offer by all proposed tenure

holders or their authorised representative together with payment of $19,492.90 by 4 December 2009.

2. All other conditions of the offer must be satisfied by close of business on 4 February 2010

and this includes payment of the balance purchase monies being $150,000.00. 3. Lodgement of Statutory Declaration from Council declaring the following:-

a. The intended use (public purpose) for the land; and b. That the local government will itself use the land for the stated public purpose; and c. That there is no current or planned action to dispose of the land to a third party.

Recommendation: “That Council accept the offer to purchase Reserve for Local Government (SES Purposes) RT746113 – Bryant Street, Tully as detailed in the Department’s letter dated 6 November 2009 at a cost of $169,492.90 (including GST and transfer costs) and apply for the Revenue Share concession of 50% of the purchase price upon issue of the Deed of Grant. Also, that Council proceed to develop the design concepts in-house for the future redevelopment of the site including the two adjoining Council owned/controlled properties for improved and expanded car parking and community facilities.”


Item Number 5.4 CCRC-285/09 – SALE IN PRIORITY TO CASSOWARY COAST REGIONAL COUNCIL, LOT 5 ON PLAN T746113 LG (SES) RESERVE – BRYANT STREET, TULLY (Cont’d…) Moved Cr R Sorbello



Item Number 5.5 CCRC-293/09 – COLLECTION OF RATE MONIES Executive Summary: This report is presented for Council's information with respect to revenue collected from rates and charges for the period 1 July to 31 December 2009. Recommendation: “That the report be noted.” Moved Cr I Rule

Seconded Cr J Downs


Item Number 6.1 CCRC-286/09 – ROAD NAMING FOR UNNAMED ROAD – OFF EAST FELUGA ROAD, EAST FELUGA Executive Summary: Council is in receipt of an application from Conics Pty Ltd on behalf of the developer WG McIntosh, for the consideration of a road name for an Unnamed road off East Feluga Road, East Feluga, fronting Lots 25-29 on SP190500. Recommendation: “That Council receive the report and nominate a preferred name.” Moved Cr C Silvestro


Resolution Number 0784 “That the report be received and the unnamed road off East Feluga Road, East Feluga, fronting Lots 25 – 29 on SP190500 be named “McIntosh Road.” CARRIED


Item Number 6.2 CCRC-287/09 – FNQROC DEVELOPMENT MANUAL – REVIEW OF SUBMISSIONS AND ADOPTION OF AMENDMENTS FOR VERSION 01/09 Executive Summary: For consistency in development standards, all Local Governments in the Far North Queensland Regional Organisation of Councils (FNQROC) were involved in developing a Development Manual, which sets out the acceptable standards for Operational Works associated with developments. The manual is called up in Council’s Planning Schemes (Johnstone and Cardwell Planning Schemes) as a Planning Scheme Policy. More recently the Development Manual has gone through the public submission process for public input and comment and the submissions received have been reviewed by Technical Officers from all Local Authorities and amendments made where appropriate. To finalise the process, Council must now adopt the amended version of the Development Manual referred to as Issue 01/09 and then advertise in a local newspaper. Recommendation: That Council: a. Adopt the amended version of the FNQROC Development Manual (Version

01/09) as the document referred to in Policy No.5 of the Johnstone Shire Council Planning Scheme, 2005 and Policy No.9.2 of the Cardwell Shire Council Planning Scheme, 2007.

b. Place a notice in the Innisfail Advocate and Tully Times advising of Council's

decision to adopt the amendments.” Moved Cr B Horsford



Item Number 6.3 CCRC-292/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – UNDEFINED USE (MINI STORAGE SHEDS), 1 – 3 MAY STREET, MIGHELL Executive Summary: Council is in receipt of an application for a Material Change of Use for an Undefined Use (Mini Storage Sheds). The application was prepared by Higham and Dodds on behalf of the applicant/owner Mr Alfred Bartolo for the establishment of thirty-seven (37) mini storage sheds within the Residential Precinct of the Innisfail Zone at 1-3 May Street, Mighell and described as Lot 7 on RP747835. The proposed development did not trigger any referral agencies. The application was impact assessable and therefore public notification was required. One properly made submission was received by Council.


Item Number 6.3 CCRC-292/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – UNDEFINED USE (MINI STORAGE SHEDS), 1 – 3 MAY STREET, MIGHELL (Cont’d…) The subject site is located within the urban footprint as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and therefore was not required to be referred to the Department of Infrastructure and Planning as part of the IDAS process. The application is consistent with the intent of the zoning and strategic designation of the subject site, and adequately meets the provisions of the Johnstone Shire Council Planning Scheme, 2005, and therefore the proposed application for Material Change of Use for an Undefined Use (Mini Storage Sheds) is recommended for approval subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for an Undefined Use (Mini Storage Sheds) situated at 1 – 3 May Street, Mighell, on land described as Lot 7 on RP747835, Parish of Johnstone, subject to the following conditions: Assessment Manager’s Conditions: 1) Proposal: The proposed documents and plans for the development set out in

the following table and accepted by Council on the 25 June 2009 and 24 September 2009 are approved, subject to:

Plan/ Document Number Plan/ Document Name Date

Higham and Dodds Project Management

Planning Report; Information Request

25 June 2009 24 September 2009

Plan No. 180509-C01 A Higham and Dodds Project Management

Site Plan July 2009


Proposed New Layout Plan July 2009


Stormwater Drainage – Ground Water

August 2009


Stormwater Drainage – Roof Water

July 2009


Blocks B 7 C and Typical Slab Details

July 2009


Elevations – Block D and Retaining Wall Typical Sections

July 2009


Preliminary Earthworks Plan

9 September 2009


Item Number 6.3 CCRC-292/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – UNDEFINED USE (MINI STORAGE SHEDS), 1 – 3 MAY STREET, MIGHELL (Cont’d…)

(a) The plans, specifications, facts and circumstances as set out in the application submitted to Council;

(b) Ensuring that the development complies in all respects with the following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

(c) Any alterations found necessary by the Chief Executive Officer or his delegate at the time of examination of the Engineering Plans or during construction of the development because of a particular requirement;

except where modified by these conditions of approval.

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

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

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

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

4) Commencement of Use: The applicant/owner must return to Council the

attached Notification of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. Council officers will subsequently carry out an on site inspection to confirm the conditions of approval have been met.

5) Lot Access: Access to the proposed development must be via the existing

access from May Street, as indicated on the approved Site Plan.

The access is to be maintained at all times to Council’s standard engineering specifications for a commercial/industrial type crossover, at no cost to Council. Future maintenance of the access is the responsibility of the landowner.

6) Staging: If it is proposed to stage the building of the storage sheds as indicated on the approved plans, the applicant/owner must ensure that measures are employed to prevent vehicles from driving on unsealed areas, ie. bollards, or alternatively the site is to be completely sealed as per the conditions of this approval and the approved plans.

7) Internal Circulation and Manoeuvring areas: The applicant/owner is to comply

with the following requirements.

• Vehicle access and circulation must comply with AS 2890. • The design of the internal circulation path should be ‘one way’, as indicated

on the approved Site Plan and signed accordingly, to ensure all vehicles exit the site in forward gear.



• All driveways, manoeuvring areas and paths must be imperviously sealed (interlocking pavers, concrete, asphalt or bitumen) including associated drainage.

• Manoeuvring on site is limited to a medium rigid vehicle (MRV) and for the loading and unloading of the vehicle(s).

• The circulation path is to be line marked as per the Site Plan in order to distinguish the path from areas available for parking.

• Drainage of the paved areas is to be such that the discharge is directed to a permanent water quality device before being directed to a lawful point of discharge.

8) Stormwater Discharge: The applicant must provide Council with a proposed

“Point of Lawful Discharge to Stormwater”. Such location(s) must be chosen to fulfil the following criteria: - (a) The location of the discharge is indeed lawful (i.e. the location of

discharge is under the lawful control of the Local Authority or other statutory authority from whom permission to discharge has been received and includes publicly controlled land, drainage reserve, or a watercourse under the Water Act).

(b) That in discharging at the location, the discharge will not cause an actionable nuisance (i.e. a nuisance for which a current or future downstream or upstream property owner may bring an action or claim for damages arising out of the nuisance). In general terms, this implies a “no-worsening” situation as a result of the discharge.

9) Stormwater Discharge and Site Works: The applicant/owner is to comply with

the following requirements.

• At the rear of the development site where the gates are proposed, a paved bund is to be incorporated into the filling and pavement to prohibit overland stormwater flows to the rear of the site.

• All stormwater from the site shall be trained, captured and conveyed by underground drainage and directed to the kerbing at the street frontage in accordance with the proposed discharge points set out in the approved Stormwater Plan (Plan no. 18509-C03). No general overland flows are to be concentrated and discharged across the footpath/verge area and neighbouring properties.

• Where retaining structures inhibit the natural overland flow of stormwater run off alternative flow paths will be required to be supplied to ensure these flows are redirected to a legal point of discharge.

• Gross Pollutant Traps are to be installed within the development site prior to the discharge at any proposed stormwater discharge points at May Street. Future maintenance is the responsibility of the property owner.

• All stormwater pipes across any footpath to the kerb and channel must be underground and no part of the footpath surface.


Item Number 6.3 CCRC-292/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – UNDEFINED USE (MINI STORAGE SHEDS), 1 – 3 MAY STREET, MIGHELL (Cont’d…) 10) Landscaping: The applicant/owner is to provide landscaping as per the

approved Site Plan. Landscaping is to contain a mix of shrubs and streetscape trees of a native species planted at appropriate spacings in order to screen the development from adjoining properties and roads, to the requirements and satisfaction of the Director Planning and Environmental Services.

All landscaped areas and works are to be contained within the property boundaries, established prior to the commencement of use and maintained for the lifetime of the approval, to the requirements and satisfaction of the Director Planning & Environmental Services.

11) Fencing: The applicant/owner is to provide a screening fence along the

boundaries of the lot, as indicated on the Site Plan, which is to be constructed of colourbond or other suitable screening material at a minimum height of 1.8 metres, tapering to 1 metre from the building alignment to the property frontage boundary.

The security gate from May Street is to open inwards, and to be designed and positioned to ensure vehicles queuing to enter and exit the site will remain wholly within the lot and at most within the council road reserve, so not to create a traffic hazard to bicycle and motor vehicle users of May Street.

12) Storage: The storage of items on the site is restricted to within the sheds and

there is to be no storage of items in areas outside of the sheds. 13) Advertising Sign: The applicant/owner is to ensure that an advertising sign for

the mini storage sheds is to be no greater than 3m2 in area, unless otherwise approved by the Director Planning & Environmental Services.

14) Hours of Operation: The applicant/owner is to ensure that there is no loading

or unloading of goods between the hours of 8pm and 6am. 15) Night Lighting: The applicant/owner is to ensure that all night lighting is

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

16) Public Utilities - Alterations: Any relocation or alteration to any Public Utilities

(including water and sewer reticulation) in association with works pertaining to this development must be undertaken as required by the relevant service provider and at no cost to Council.


Item Number 6.3 CCRC-292/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – UNDEFINED USE (MINI STORAGE SHEDS), 1 – 3 MAY STREET, MIGHELL (Cont’d…) 17) Construction & Operations: The construction and operations work associated

with this development shall be carried out in accordance with sound engineering practice. In particular, no nuisance is to be caused to adjoining residents by way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours. Where material is to be carted to or from the site, loads are to be covered to prevent dust or spillage. Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety.

18) Retaining Walls: Prior to the issue of a Building Permit, the Applicant/Owner is

to lodge a geotechnical report and engineering certification of the retaining wall design from a Registered Practicing Engineer of Queensland (RPEQ). All retaining structures shall comply with the following requirements: a. Retaining structure footings are to be constructed clear of underground

services such as sewer pipes, stormwater drainage pipes and water reticulation pipes. The retaining wall and footings shall be designed and located to ensure that no imposed loads are applied on existing underground utilities and services within the property or road area all in accordance with Council’s “Guideline for Building Over or Adjacent to Council’s Sewer” or the FNQROC Development Manual.

b. The detailed drawings are to indicate the inclusion of sub soil drains and the point of discharge for surface and sub soil drainage behind the structure.

c. Retaining structures are to be made of durable materials not subject to rot and insect attack and shall have a minimum design life of 60 years.

d. Retaining structures that interact with approved fencing are to be structurally designed in conjunction with the approved fencing. All retaining walls shall be designed in accordance with AS4678, additional reference may need to be made to either AS3600 or AS3700.

e. The construction of retaining structures over one (1) metre high must comply with Council’s Planning Scheme in particular the requirements of the Standard Building Regulations.

f. No stormwater runoff will be allowed over the retaining wall either to any of the neighbouring properties. All run off will be directed to May Street.

g. The development work must ensure a long-term factor of safety greater

than or equal to 1.5 for all retaining structures. All works must be constructed in accordance with the Development Permit and the approved engineering design plans and/or approved building design plans to the requirements and satisfaction of the Director Planning and Environmental Services.

19) Erosion and Sediment Control: Effective erosion and sediment controls must be

maintained at all times during the construction.



The Building Contractor must prepare an Erosion and Sediment Control Plan (ESCP_ in accordance with the FNQROC Development Manual – CP1 Construction Procedures. The ESCP must be reviewed and approved by the Engineer prior to commencement of site works. A copy of the approved ESCP is to be issued to the Council for their records.

Advice to Applicant: a) Relevant Period: The relevant period for the Development Approval (Material Change

of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21(1) of IPA, the development approval for Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 3.5.21(7) of IPA for the meaning of related approval). An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 3.5.22 of IPA and before the development approval lapses under Section 3.5.21 of IPA.

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

carried out by the Applicant/Owner on Council property. c) Other Approvals: The following approvals may be required, with a permit for these

works issued prior to any works commencing: -

• An application for Building Works is required. • If retaining walls are proposed over one metre in height, an application for Building

Works will be required. • If more than 20m3 of fill is required for this development, an application for

Operational Works will be required. d) Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the

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

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

with all other relevant local laws and other statutory requirements. f) Environmental Harm and Nuisance: The Environmental Protection Act 1994 states

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



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

Moved Cr I Rule



Item Number 6.5 CCRC-296/09 – HELICOPTER LANDING PERMISSION IN THE TULLY GORGE AREA Executive Summary: NQ Heli-Worx is about to start operating in the area out of Dunk Island and Tully Airstrip. The company has requested Council review a number of locations as shown on the attached Plan within the Tully Gorge Area. The company wishes to link up with the rafting companies to fly customers from Mission Beach, Dunk and Bedarra Islands up to the launch point for the rafts in the Tully River. All flights will only be carried out in good weather and as a company rule, would avoid flying in any sort of rain due to wear on rotor blades. The company does not know how many times a week they will need to use the reserve area as this is a new venture within this part of the world. Officer’s Assessment: Council officers did a site inspection of the sites listed on the attached plan and provide the following:

• Next to Bridge – Recommended to Council to allow NQ Heli-WorX to facilitate landing and taking off of the helicopter and a bus pick up and drop area within this reserve. The site is currently being used by Powerlink as a camp area in order for the company to dissemble the disused towers in that area.

• 6 Klm mark (gravel storage area) – The road reserve only is controlled by Council and with the current uses (bus drop off and pick up area) on the site the landing of a helicopter is not suitable in this location.

• Coachable crossing – Not controlled by Council.

• Cardstone Village Site – This site is Council freehold land and officers and Council will work towards a suitable use for the site in the future.


Item Number 6.5 CCRC-296/09 – HELICOPTER LANDING PERMISSION IN THE TULLY GORGE AREA (Cont’d…)

• 14 Klm mark – The road reserve only is controlled by Council and with the current uses (Bus drop off and pick up area) on the site, the landing of a helicopter is not suitable in this location. Also the area previously utilised as a workshop by the power station on the southern side of the Road Reserve may be suitable but is not under Council control.

• Rafts get in point – Not suitable for landing of a Helicopter. Recommendation: “That Council allow NQ Heli-WorX to land, take off and maintain a suitable drop off zone for bus transport in the reserve next to the bridge as shown on the attached Plan on a trial basis for a six (6) month period with a review of operations at that time, provided any necessary works including access upgrading are carried out at no cost to Council.” Moved Cr J Downs

Seconded Cr M Nolan


AMENDMENT TO THE MOTION Moved Cr R Sorbello


Resolution Number 0788 “That the Recommendation be adopted with the addition of the following rider clause: “Further, that a set fee be determined for such temporary use.” THE MOTION WAS LOST – 2 votes to 5 with Crs R Sorbello and C Silvestro voting FOR the Motion and Crs B Shannon, M Nolan, J Downs, I Rule and B Horsford voting AGAINST the Motion.


AMENDMENT TO THE MOTION Moved Cr J Downs


Resolution Number 0789 “That the Recommendation be adopted with the addition of the following rider clause: “Further, that a fee of $250 be charged for such temporary use.” THE MOTION WAS LOST – 3 votes to 4 with Crs J Downs, R Sorbello and C Silvestro voting FOR the Motion and Crs B Shannon, M Nolan, I Rule and B Horsford voting AGAINST the Motion.

THE ORIGINAL MOTION WAS PUT AND CARRIED UNANIMOUSLY. Item Number 8.3 NOTICE OF MOTION – REQUEST FOR REPORT ON THE CONTINUATION OF LEVEL 1 WATER RESTRICTIONS – SUBMITTED BY CR B SHANNON Moved Cr B Shannon


Resolution Number 0790 “That a report be prepared on the need for the continuation of the current Level 1 Water Restrictions given the recent rainfall and the imminent arrival of the wet season.” THE MOTION WAS CARRIED – 6 votes to 1 with Crs B Shannon, M Nolan, J Downs, B Horsford, R Sorbello and C Silvestro voting FOR the Motion and Cr I Rule voting AGAINST the Motion.

12.25pm – 1.00pm The meeting adjourned for lunch.


Item Number: 8.1 NOTICE OF MOTION – FAR NORTH QUEENSLAND PORTS CORPORATION – SUBMITTED BY CR B HORSFORD Moved Cr B Horsford


Resolution Number 0791 “That should a vacancy arise on the Board of the Far North Queensland Ports Corporation, Council endorse Mr Sam Pagano as the preferred Regional nominee to sit on the Board and a letter be forwarded to the Member for Hinchinbrook, Mr Andrew Cripps and the Member for Mulgrave, Mr Curtis Pitt, reflecting this preference.” THE MOTION WAS LOST – 2 votes to 5 with Crs B Horsford and R Sorbello voting FOR the Motion and Crs B Shannon, M Nolan, I Rule, J Downs and C Silvestro voting AGAINST the Motion.

Cr Silvestro foreshadowed a further Notice of Motion with respect to this matter. Item Number 7.1 NOTICE OF RESCISSION MOTION – CONNECTION OF THE INNISFAIL ESTATE BENEFITED AREA – SUBMITTED BY CR M NOLAN Moved Cr M Nolan

Seconded Cr J Downs

Resolution Number 0792 “That the following motion moved and seconded by former Crs D J McCarthy and W Kimberley respectively at the Special Meeting of the Johnstone Shire Council on 23 January 2007 be rescinded: “Council accepts the proposal for connection of the Innisfail Estate benefited area to the nominated point on The Corso via an alignment along Flying Fish Point Road and Herbert Street with bored road crossings.” CARRIED


Item Number 7.2 NOTICE OF RESCISSION MOTION – AUTHORISATION TO NEGOTIATE AN INFRASTRUCTURE AGREEMENT – INNISFAIL ESTATE STAGE 1 – SUBMITTED BY CR M NOLAN Moved Cr M Nolan

Seconded Cr J Downs

Resolution Number 0793 “That the following motion moved and seconded by former Crs D J McCarthy and J Sue Yek respectively at the Special Meeting of the Johnstone Shire Council on 23 January 2007 be rescinded: “Council authorise the CEO to negotiate an Infrastructure Agreement with the Developer of Innisfail Estate stage 1 and or other developers in the Innisfail Estate expansion area, for the provision of trunk sewerage infrastructure as adopted by Council.” CARRIED

Item Number 6.4 CCRC-294/09 – INNISFAIL ESTATE SEWERAGE INFRASTRUCTURE PROVISION Executive Summary: The existing sewerage system servicing Innisfail Estate (i.e. the current development on the east side of the Johnstone River) is presently at capacity and is unable to accept sewage from further expansion of the area. There are currently a number of developments in this expansion area with various levels of development approvals at various stages of implementation. All approvals require the developers of the area to enter into an Infrastructure Agreement for the funding and delivery of trunk sewerage infrastructure, which allows costs to be recovered from development within a defined benefited area. There has been considerable consultation, investigation and preliminary planning work undertaken by various parties. In particular, Council has commissioned many technical planning reports and obtained considerable legal advice at considerable expense. To date there has been no agreement on the location and scope of the required trunk sewerage infrastructure, the benefited area nor the terms and conditions of the Infrastructure Agreement. However, this is now progressing in a more positive manner given the reduction in the number of developers. At the request of the current developer, GHD were commissioned by Council to further consider the use of the existing sewage pump station SPS25 and the upstream sewerage system. Included in the commission was to review the impacts of all likely future development in the expansion area and for the possible connection of Flying Fish Point and Coconuts to the scheme as per previous Council resolution.


Item Number 6.4 CCRC-294/09 – INNISFAIL ESTATE SEWERAGE INFRASTRUCTURE PROVISION (Cont’d…) This planning report (Cassowary Coast Regional Council Innisfail Estate Developments Sewerage Planning Report, January 2009, by GHD) was finalised in early 2009 and confirmed that the existing pump station could accept an additional 100 lots with extensive mechanical and electrical upgrade works before a Main Transfer Pump Station (MTPS) is required to be operational (likely to be within a few years), and that in all instances a new rising main is required to connect to the Innisfail Bypass Rising Main at the designated connection point on The Corso from the outset. Various benefited areas and staging options were considered. In discussions with both past and present developers, Council Officers have agreed to investigate what monetary contribution to the scheme Council may consider. In all cases the cost of the necessary infrastructure to service the benefited area is the responsibility of the developer. However, to ensure that future developments can be catered for without having to accept additional infrastructure, Council may consider contributions by way of funding the marginal cost difference of components that need additional capacity to service the whole Innisfail Estate Expansion Area and existing coastal communities, or by undertaking the detailed planning and design of the benefited sewerage infrastructure. The insufficient capacity of the Innisfail Sewage Treatment Plant (STP) will prohibit further unapproved development outside of the current sewered area being connected to the scheme until the STP has been upgraded. This has implications for the current viability of development in the Innisfail Estate expansion as only a limited number of lots can be connected to sewerage until the STP is upgraded. In order to adopt the Officers recommendation, it will be necessary for Council to repeal the resolution of the former Johnstone Shire Council at its Special Meeting of 23 January 2007, Item 1 - Innisfail Estate External Sewerage Infrastructure for RCF-1745, Resolution Number 2 and Item 2 – CEO Authorisation to negotiate an Infrastructure Agreement with the Developer of Innisfail Estate Stage 1, Resolution Number 3. Recommendation: “That: 1. This report and the Cassowary Coast Regional Council Innisfail Estate

Developments Sewerage Planning Report, January 2009, by GHD be received. 2. Council authorise the Chief Executive Officer to determine the most suitable

alignment, location and capacity of trunk sewerage infrastructure to service the Innisfail Estate expansion area.

3. Council adopt the area inclusive of Innisfail Estate Stages 1 to 3 and the

Retirement Village site (i.e. land bounded by the Johnstone River, Aluart Road, Reynolds Road and Flying Fish Point Road to the north) servicing approximately 714 ET (Equivalent Tenements), as the minimum Benefited Sewerage Area for trunk sewerage infrastructure in the Innisfail Estate Expansion Area.

4. Council authorise the Chief Executive Officer to determine Council’s reasonable

contribution towards the provision of trunk sewerage infrastructure to service the Innisfail Estate Expansion Area, subject to budgetary constraints.


Item Number 6.4 CCRC-294/09 – INNISFAIL ESTATE SEWERAGE INFRASTRUCTURE PROVISION (Cont’d…) 5. Council authorise the Chief Executive Officer to negotiate an Infrastructure

Agreement for the provision of trunk sewerage infrastructure to service the Innisfail Estate Expansion Area.

Moved Cr I Rule

Seconded Cr M Nolan


2.20pm Ms A Nugent left the meeting. GENERAL BUSINESS: 1. REMOVAL OF SIGN RECOGNISING PAUL FLEMING’S SELECTION IN THE

AUSTRALIAN BOXING TEAM FOR THE 2008 BEIJING OLYMPICS Cr M Nolan referred to a letter (copied to all Councillors) from Donna Fleming, Paul Fleming’s Mother, dated 20 November 2009 requesting Council’s consideration to: • Donating the sign to Mrs Fleming as it has very special significance to her family; and • The erection of a small sign in an appropriate place, acknowledging Paul as the Region’s

first Olympian, similar to those already in place recognising other sporting achievers. Council resolved to: • Donate the sign to Mrs Fleming; • Update the Honour Board located at the Tully Visitor & Information Centre which already

acknowledges Paul as being the Under 19 World Boxing Champion in 2006 and a Bronze Medal World Champion, to include:

“Represented Australia in Boxing at the 2008 Beijing Olympics – our first Olympian”

• Erect a small sign acknowledging Paul as the Region’s first Olympian

2.25pm Mr D Trotter and Mrs J Ridinsky left the meeting. 2. ACKNOWLEDGEMENT OF MR TOM BROWN’S FUNDRAISING AND CYCLING

ACHIEVEMENTS Cr J Downs informed Council that Mr Tom Brown, who is in his 70’s, is being honoured by the Rotary Club of Mission Beach for cycling around Australia to raise funds for the Rotary Mental Health Awareness Programme. Cr Downs was interested to know whether there was an appropriate way of acknowledging a wonderful effort, not only by Mr Brown, but also by other people? A suggestion was made that perhaps the upcoming 2010 Australia Day Awards may cater for such achievements.


GENERAL BUSINESS: (Cont’d…) 3. JOHNSTONE SHIRE HALL – CATERING REQUIREMENTS

Cr B Horsford advised the meeting that the Innisfail State High School held their Graduation Night at the Johnstone Shire Hall on Wednesday night. At 5.15pm the caterers from Cairns arrived and proceeded to set up three gas-driven BBQ’s on the footpath. People were forced to wield their way through and around these obstacles making it a safety hazard. Cr Horsford asked that the issue of catering at the Hall be further considered by Council.

4. PASSING OF FORMER JSC COUNCILLOR, MR ALF SAMMUT Cr B Horsford referred to the recent passing of Mr Alf Sammut who was a former JSC Councillor – serving four terms, a wonderful husband and Father and a well respected local businessman who was a good friend to many.

5. CLEANING OF COUNCIL SIGNS Cr Silvestro asked whether Council has a works programme which covers the regular cleaning of Council’s signs? The Chief Executive Officer advised he would liaise with the Director Works and report back on the issue.

MEETING CLOSED TO THE PUBLIC (2.45PM) Moved Cr R Sorbello

Seconded Cr M Nolan

Resolution Number 0795 “That in accordance with Section S463 1 (e) of the Local Government Act 1993, Council close the meeting to the public to consider a ‘Confidential’ report regarding the tender for the development of a Child Care Centre in Tully.”

CARRIED

MEETING RE-OPENED TO THE PUBLIC (3.10PM) Moved Cr R Sorbello

Seconded Cr J Downs

Resolution Number 0796 “That the meeting be re-opened to the public.”

CARRIED


Item 5.3 ‘CONFIDENTIAL’ REPORT NO. CCRC-289/09 – TENDER 2008309-T601 – DEVELOPMENT OF CHILD CARE CENTRE, HARDEN STREET, TULLY Executive Summary: This report refers to Confidential Report CCRC- 074/09 previously considered by Council at a meeting held on the 9 April 2009 and the subsequent resolution: Resolution Number 0485 “That Council allow DUW Taylor Investments Pty Ltd sufficient scope to complete preliminary matters involving feasibility, budget analysis, full design and engineering, construction pricing, valuation and dealings with the lending authority on the basis that regular progress reports are provided to Council’s satisfaction and that a review of developments with the project be undertaken in September 2009. Also, the tenderer be required to provide an estimated commencement date on the project allowing for the time required to finalise all preliminary matters.” Subsequent to Council’s meeting on 9 April 2009 a letter was forwarded to DUW Taylor Investments Pty Ltd on 20 April advising that Council had granted a relaxation of requirements to keep to the original construction program as proposed in their tender. This concession was given to allow time to attend to preliminary matters and subjected to periodic reporting on progress in this regard. It was also advised that a review of developments with the project would be undertaken in September 2009. A further letter was sent on 17 June 2009. As no written response or progress reports have been received, I telephoned Garth Dickson, Managing Director Village Kids, on 19 November 2009 and requested an urgent reply to enable Council to be briefed on the status of the project. Officer’s Recommendation: “For Council discussion and direction.” Mr Adcock referred to an email communication from Mr Garth Dickson, a Director of DUW Taylor Investments Pty Ltd received on 19 November 2009. Mr Dickson advises that DUW Taylor Investments Pty Ltd are not in a position to give Council a positive outcome and timeframe with regard to completion of the Tully project due to issues associated with financing for projects of this nature. Moved Cr C Silvestro


Resolution Number 0797 “That DUW Taylor Investments Pty Ltd be advised that Council is not willing to further negotiate or relax its requirements to maintain the tender to meet the difficulties being experienced and that tenders be recalled in the early part of 2010 including marketing through specialist agencies.”

CARRIED


3.15pm The Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 17th DAY OF DECEMBER 2009.

____________________________ MAYOR

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