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13th October, 2009 Ordinary Council Meeting Meeting Commences 9:00am Prayer Apologies Declaration of Interests Minutes Ordinary Council Meeting held on 29 th September, 2009 Burdekin Road Safety Advisory Meeting held on 26 th August, 2009 Business Arising from Minutes Environment & Operations 1. Tender for Relining of Sewer Mains – TBSC/09/22. 2. Development application for reconfiguring lots – 17 Old Home Hill Road, Ayr – Margaret Gray. 3. Development application for reconfiguring a lot – 330 Beach Road, Ayr – Karen Stewart. 4. Proposed fees for 2009/2010 for Ayr Swimming Pool, Home Hill Swimming Pool and 2010 for Burdekin Cascades Caravan Park and Home Hill Caravan Park. Corporate & Community Services 1. Request for donation – Food Relief NQ. 2. Request to purchase land – Groper Creek Reserve – Mrs I Giles. Correspondence for Information Notices Of Motion 1. Trevor Williams – Director of Environment and Operations Council approve entering into a Sub-Agreement under the Natural Disaster Relief and Recovery Arrangements to undertake works for the Approved Project – “Queensland Monsoonal Flooding and Tropical Cyclones Charlotte and Ellie January – February 2009” noting the approval funding of $3,224,210; Council trigger point amount of $180, 000; and expected project completion date of 30 June 2011.

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13th October, 2009

Ordinary Council Meeting

Meeting Commences 9:00am

Prayer

Apologies

Declaration of Interests

Minutes • Ordinary Council Meeting held on 29th September, 2009 • Burdekin Road Safety Advisory Meeting held on 26th August, 2009

Business Arising from Minutes

Environment & Operations 1. Tender for Relining of Sewer Mains – TBSC/09/22.

2. Development application for reconfiguring lots – 17 Old Home Hill Road, Ayr – Margaret Gray.

3. Development application for reconfiguring a lot – 330 Beach Road, Ayr – Karen Stewart.

4. Proposed fees for 2009/2010 for Ayr Swimming Pool, Home Hill Swimming Pool and 2010 for Burdekin Cascades Caravan Park and Home Hill Caravan Park.

Corporate & Community Services 1. Request for donation – Food Relief NQ.

2. Request to purchase land – Groper Creek Reserve – Mrs I Giles.

Correspondence for Information

Notices Of Motion 1. Trevor Williams – Director of Environment and Operations

Council approve entering into a Sub-Agreement under the Natural Disaster Relief and Recovery Arrangements to undertake works for the Approved Project – “Queensland Monsoonal Flooding and Tropical Cyclones Charlotte and Ellie January – February 2009” noting the approval funding of $3,224,210; Council trigger point amount of $180, 000; and expected project completion date of 30 June 2011.

10.15am Representatives from Health Promotion Connections providing a brief overview of their organisation’s roles and services in the Burdekin.

Urgent Business

General Business

In Committee Discussions

BURDEKIN SHIRE COUNCIL

MINUTES - ORDINARY COUNCIL MEETING HELD ON 29TH SEPTEMBER, 2009

Held in John Drysdale ChamberCommencing at 9.00am.

CLAUSE 1 ATTENDANCE

Crs. McLaughlin (Mayor), L. Loizou (Deputy Mayor), R.H. Lewis, E. Gazziola, P.M. Dalle Cort and T.P List

Mr. K. Holt - Chief Executive OfficerMr. G. Pappalardo - Manager OperationsMr. S. Great - Manager Planning and DevelopmentMr. K. Byers - Manager Technical ServicesMiss. T. Jensen - Manager Environment and Health

Minutes Clerk - Miss. S. Cronin

Apologies for absence - Cr. M.J. Haynes, Mr. D.P. Mulcahy - Director Corporate and Community Services, Mr. T.G. Williams - Director Environment and Operations

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CLAUSE 2 MEETING PRAYER

The meeting prayer was delivered by Mayor, Cr. McLaughlin..

CLAUSE 3 DECLARATIONS OF INTEREST

The Mayor called for declarations of interest.

The Mayor, Cr. McLaughlin declared a conflict of interest in respect of 1.item 2 on the Environment and Operations agenda (Development application for reconfiguring lots - 14-18 Fourteenth Street, Home Hill - P Fiamingo) as the applicants are friends of her family.The Mayor, Cr. McLaughlin declared a conflict of interest in respect of 2.item 8 on the Environment and Operations agenda (Representations on conditions for development application for reconfiguring a lot - 30273 & 30309 Bruce Highway, Ayr - Marzabella Pty Ltd.) as the applicant is a relation.

Minutes - Ordinary Council Meeting - 29th September, 2009

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CLAUSE 4 MINUTES OF ORDINARY COUNCIL MEETING HELD ON 15TH SEPTEMBER, 2009 RECEIVED - WITH ADDITION

Moved Cr. List, seconded Cr. Lewis that the minutes of the Ordinary Council Meeting held on 15th September, 2009 be received as a true and correct record with the following addition:

Addition to reflect a leave of absence for Cr. Dalle Cort be granted for the Ordinary Council Meeting to be held on Tuesday 27th October, 2009.

CARRIED.

CLAUSE 5 MINUTES OF BURDEKIN BE ACTIVE ADVISORY COMMITTEE MEETING HELD ON 2ND SEPTEMBER, 2009 RECEIVED AND ADOPTED

Moved Cr. Loizou, seconded Cr. Dalle Cort that the minutes of the Burdekin Be Active Advisory Committee Meeting held on 2nd September, 2009 be received.

CARRIED

Moved Cr. Gazziola, seconded Cr. List that the minutes of the Burdekin Be Active Advisory Committee Meeting held on 2nd September, 2009 be adopted.

CARRIED.

CLAUSE 6 OPERATING STATEMENT FOR THE PERIOD ENDING 31ST AUGUST, 2009 RECEIVED

Moved Cr. List, seconded Cr. Gazziola that the Operating Statement for the period ending 31st August, 2009 be received.

CARRIED.

CLAUSE 7 CAPITAL PROJECTS MONTHLY REPORT FOR THE PERIOD ENDING 31ST AUGUST, 2009 RECEIVED

Moved Cr. Loizou, seconded Cr. Lewis that the Capital Projects Monthly Report for the period ending 31st August, 2009 be received.

CARRIED.

Minutes - Ordinary Council Meeting - 29th September, 2009

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CLAUSE 8 COUNCIL APPROVES SURRENDER OF PERMIT TO OCCUPY 211532 - LOT 85 ON SB682, CASSIDY CREEK, 2369 KIRKNIE ROAD, KIRKNIE - DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT

914744 - 01-04-05A - Mr. S. Great, Manager Planning and Development - Report - Surrender of permit to occupy 211532 - Lot 85 on SB682, Cassidy Creek, 2369 Kirknie Road, Kirknie - Department of Environment and Resource Management.

Moved Cr. Gazziola, seconded Cr. Lewis that Council offers no objection to the request from Department of Environment and Resource Management for the surrender of the existing Permit to Occupy 211532 over land described as 2369 Kirknie Road, Kirknie, (Lot 85 on SB682, Cassidy Creek, Parish of Leichhardt Downs, County of Salisbury), in the name of Margaret Jill Piva.

CARRIED.

CLAUSE 9 COUNCIL APPROVES DEVELOPMENT APPLICATION FOR RECONFIGURING LOTS - 14-18 FOURTEENTH STREET, HOME HILL - P FIAMINGO

914962 - Sub 09-30 - Mr. S. Great, Manager Planning and Development - Report - Development application for reconfiguring lots - 14-18 Fourteenth Street, Home Hill - P. Fiamingo.

The Mayor, Cr. McLaughlin declared a conflict of interest in respect of this item as the applicants are friends of her family.

Moved Cr. Loizou, seconded Cr. Lewis that Council approves the development application for reconfiguring a lot (Subdivision) 14-18 Fourteenth Street, Home Hill (Lot 2 on H616104, Parish of Inkerman, County of Salisbury), subject to the following conditions:

GENERAL

1.1 The Council will not release the formal Plan of Reconfiguration until all rates and charges in arrears in respect of the land, the subject of the application, are paid in full;

1.2 Pay the sum of $47.80 calculated on the basis of a charge of $23-90 per lot to be levied on the Council by the Department of Environment and Resource Management for each new valuation;

ROADWORKS

2.1 The construction of any crossovers to give access to the land is to be the owner’s responsibility and to the satisfaction of the Chief Executive Officer;

2.2 Construct stand up kerbing and channelling for the full length of the proposed development fronting Fourteenth ‘A’ Street, Third Avenue and

Minutes - Ordinary Council Meeting - 29th September, 2009

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Fourteenth Street, Home Hill. The proposed kerbing and channelling is to be on a 6m alignment.

2.3 Provide bitumen widening (2 coat seal, 14mm and 10mm) on 150mm consolidated gravel base from the edge of the existing bitumen to the proposed kerbing and channelling for the full length of the proposed development fronting Fourteenth ‘A’ Street, Third Avenue and Fourteenth Street, Home Hill.

2.4 R.P.E.Q. Certified engineering plans are to be provided to Council for the proposed kerbing and channelling and bitumen widening with extended levels on drainage paths both upstream and downstream of the proposed development.

PROPOSAL PLAN

3. The reconfiguration of the land must be carried out generally in accordance with:-(a) (i) the proposed Nicoll Beattie Pty. Ltd. plan numbered 913-2 A;(ii) the plans, specifications, facts and circumstances as set out in the application submitted to Council; and(b) any approval issued under this approval; and(c) any development permit for operational works relating to the reconfiguring of a lot;

PUBLIC UTILITY SERVICES

4. If any existing public utility service including telephone, electricity, water, sewerage or gas needs to be altered or relocated to complete the reconfiguration the developer must bear the cost of alteration or relocation;

OPERATIONAL WORKS

5. Where operational works are required to be carried out for the reconfiguration, the developer must, within a period of two years from the date of this permit and prior to the commencement of any work, lodge with Council an application for a development permit for operational works. As part of such application, the developer must submit:-

(a) detailed and complete engineering drawings and specifications of the proposed works prepared by a civil engineer, who is both registered under the Professional Engineer’s Act 2002 and is a current Registered Professional Engineer of Queensland; and

(b) a certificate from the engineer who prepared the drawings stating that the design and specifications have been prepared in accordance with these conditions, relevant Council Codes and Planning Scheme Policies and the relevant Australian Standard Codes of Practice;

ELECTRICITY SUPPLY

6. The developer must prior to release of formal Plan of Survey submit a letter from Ergon Energy (or other suitable entity) stating that satisfactory arrangements have been made with it for the provision of an electricity supply to the subdivision.

Minutes - Ordinary Council Meeting - 29th September, 2009

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WATER SUPPLY WORKS INTERNAL

7.1 The applicant will be required to provide a separate water connection to proposed Lot 2. The full cost of such connection shall be the responsibility of the applicant;

7.2 The applicant must provide a certified statement from a licensed plumber that no existing interconnecting water supply plumbing crosses the boundaries between the proposed lots.

SEWERAGE SUPPLY WORKS INTERNAL

8. The applicant must provide a separate sewer connection to proposed Lot 2. The full cost of such connections shall be the responsibility of the applicant;

WATER SUPPLY AND SEWERAGE HEADWORKS

9. The developer must contribute in accordance with Council’s Planning Scheme Policy for Infrastructure Provision - Developer Contribution for Provision of Water Supply and Sewerage Services. The contribution must be paid at the rate current at the time of payment. The current amount of estimated total headwork’s contribution for water and sewerage is $3,146.40 for the additional lot created by the development.

CARRIED

The Mayor, Cr. McLaughlin voted in favour of the motion..

CLAUSE 10 COUNCIL APPROVES DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR BOARDING KENNELS - 105 JOHNSTONE ROAD, RITA ISLAND - G SAWTELL

914963 - Cons 09-10 - Mr. S. Great, Manager Planning and Development - Report - Development application for material change of use for boarding kennels - 105 Johnstone Road, Rita Island - G. Sawtell.

Moved Cr. Dalle Cort, seconded Cr. Gazziola that Council approves the development application for a material change of use for boarding kennels at 105 Johnstone Road, Rita Island (Lot 2 on SP155538, Parish of Morrill, County of Gladstone) subject to the following conditions:

GENERAL

1.1 The conditions of the development permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval;

1.2 The development and conduct of the approved use of the premises, the carrying out and maintenance of any works on the premises and construction and maintenance of any building on the premises must be generally in accordance with the approved plan and supporting material

Minutes - Ordinary Council Meeting - 29th September, 2009

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submitted with the application;

BUILDING WORK

2. A development permit for Building Works is to be obtained before any building works are carried out on the premise;

ROADWORKS

3. The construction of any crossovers to give access to the land is to be the owner’s responsibility and to the satisfaction of the Chief Executive Officer;

LANDSCAPING AND SCREENING

4. Suitable landscaped buffers shall be maintained surrounding the kennels and pens to provide effective screening from neighbouring properties and roads.

DRAINAGE

5.1 The approved development and use(s) must not interfere with the natural flow of stormwater in the locality in such a manner as to cause ponding or concentration of stormwater on adjoining land or roads;

5.2 Any external catchments discharging to the premises must be accepted and accommodated within the development’s stormwater drainage system;

EXTERNAL WORKS

6. The developer must at its own cost undertake all necessary alterations to public utility mains and services as are rendered necessary by the carrying out of any required external works or other works associated with the approved development;

OPERATIONAL WORKS

7. An approval under the Integrated Planning Act must be obtained before any Operational Works are carried out. Plans and specifications for all operational works must be submitted with the application;

ENVIRONMENT & HEALTH CONDITIONS

8.1 Not more than 40 dogs shall be accommodated at the facility at any one time.

8.2 Kennel walls are to be constructed of materials that are impervious and in a manner so that they are capable of being effectively cleaned and disinfected.

8.3 Kennels shall be adequately roofed and stormwater collection shall be in accordance with Council's Building and Plumbing requirements.

8.4 There shall be no direct or indirect release of waste water or contaminants to any waters, drains or the bed or banks of any waterway.

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8.5 Kennel floors shall be constructed of concrete, raised from surrounding ground level and adequately drained to a septic tank and waste water drainage system installed in accordance with Council's Building and Plumbing requirements.

8.6 Solid animal waste shall be collected daily from individual kennels and pens, stored and disposed of in an approved manner to prevent environmental nuisance. Animal waste shall not be placed in commercial or domestic waste collection bins.

8.7 Dog food and any waste stored on site shall be stored in vermin and fly proof containers.

8.8 Kennels shall be sited, constructed and operated in such a manner that they do not cause a noise nuisance. Should a valid noise complaint be made to Council, action shall be taken to minimise noise emissions. Such action may include the construction of acoustic screens or noise mounds.

CARRIED.

CLAUSE 11 COUNCIL APPROVES CHANGES TO CONDITIONS FOR DEVELOPMENT PERMIT FOR RECONFIGURING A LOT - 18A-20A CHIPPENDALE STREET, AYR - HILLWARD PTY LTD

915022 - Sub 09-12 - Mr. S. Great, Manager Planning and Development - Report - Representations regarding changes to conditions for development permit for reconfiguring a lot - 18A-20A Chippendale Street, Ayr - Hillward Pty. Ltd.

Motion

Moved Cr. Lewis, seconded Cr. Gazziola in accordance with Section 3.5.17 of IPA, Council adopts in part the request for a Negotiated Decision Notice for Development Permit for Reconfiguring Lots (Subdivision) at 18A -20A Chippendale Street, Ayr (Lot 29 on SP217483 Parish of Antill, County of Gladstone), subject to the following condition changes:

9.3 Minor Collector Roads;

Road reserve widths shall be 20m;

The developer shall provide stand-up kerbing and channelling on both sides of the roads to provide a minimum of 8.2m between faces of kerbs;

The proposed pavement shall consist of a compacted granular pavement design in accordance with clause 9.5 of these conditions with a minimum 25mm asphaltic concrete surfacing;

Construct temporary bitumen turnarounds at the end of the proposed new minor collector roads. The turnarounds shall have a minimum radius of 10 metres and be contained within the boundaries of the proposed development as detailed on the proposal plan 83187-06B. Such

Minutes - Ordinary Council Meeting - 29th September, 2009

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turnarounds are to be generally in accordance with Diagram 1 as illustrated below. Road easements in favour of the Burdekin Shire Council shall be provided over all affected lots. Easements are to be granted to allow a 4m verge around the head of the turnaround. These easements will be rescinded if and when any residential areas expand into adjoining lands. A bond of $25,000 shall be lodged with the Burdekin Shire Council as a guarantee for the construction of kerb and channel around the turnarounds if no development has commenced construction within a two year period after completion of stage 2. This bond shall be returned to the developer upon commencement of operational works for road connectivity to the adjoining property;

13.2 (iii) Should the development proceed with Option 1, as outlined within the Engineering Services Report dated 16 April 2009, the proposed pump Station shall be located within a separate freehold lot.

The lot shall be 6m x 6m in size with the ownership transferred to the Burdekin Shire Council on registration of the title.

Amendment to the motion

Moved Cr. Lewis, seconded Cr. Dalle Cort in accordance with Section 3.5.17 of IPA, Council adopts in part the request for a Negotiated Decision Notice for Development Permit for Reconfiguring Lots (Subdivision) at 18A -20A Chippendale Street, Ayr (Lot 29 on SP217483 Parish of Antill, County of Gladstone), subject to the following condition changes:

9.3 Minor Collector Roads;Road reserve shall be 16.5m for the proposed road fronting Lots 40-45 with the balance road reserve having a 20m width;

The developer shall provide stand-up kerbing and channelling on both sides of the roads to provide a minimum of 8.2m between faces of kerbs;

The proposed pavement shall consist of a compacted granular pavement design in accordance with clause 9.5 of these conditions with a minimum 25mm asphaltic concrete surfacing;

Construct temporary bitumen turnarounds at the end of the proposed new minor collector roads.(Northern & Western ends) The turnarounds shall have a minimum radius of 10 metres and be contained within the

Minutes - Ordinary Council Meeting - 29th September, 2009

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boundaries of the proposed development as detailed on the proposal plan 83187-06B. Such turnarounds are to be generally in accordance with Diagram 1 as illustrated below. Road easements in favour of the Burdekin Shire Council shall be provided over all affected lots. Easements are to be granted to allow a 4m verge around the head of the turnaround. These easements will be rescinded if and when any residential areas expand into adjoining lands. A bond of $25,000 shall be lodged with the Burdekin Shire Council as a guarantee for the construction of kerb and channel around the turnarounds if no development has commenced construction within a two year period after completion of stage 2. This bond shall be returned to the developer upon commencement of operational works for road connectivity to the adjoining property;

13.2 (iii) Should the development proceed with Option 1, as outlined within the Engineering Services Report dated 16 April 2009, the proposed pump Station shall be located within a separate freehold lot. The lot shall be 6m x 6m in size with the ownership transferred to the Burdekin Shire Council on registration of the title.

Voting on amendment

CARRIED

Voting on amendment as motion

CARRIED

Reasons for Council not adopting Officer's recommendation

Council considers that due to the proposed road servicing twelve lots within the existing property boundary and limited potential for additional lots on the adjoining property, the road should be classed as an access street. Therefore, a 16.5 metre road width is acceptable; andIf the proposed temporary turnaround at the northern end of the development becomes permanent due to no connectivity, Council has bond that will ensure kerb and channelling is constructed as part of any permanent road layout design.

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CLAUSE 12 COUNCIL APPROVES REPRESENTATIONS MADE REGARDING CHANGES TO CONDITIONS FOR DEVELOPMENT PERMIT FOR RECONFIGURING A LOT - 22A & 24A-32A CHIPPENDALE STREET, AYR - PJ & LE CREMIN

915027 - Sub 09-22 - Mr. S. Great, Manager Planning & Development - Report - Representations made regarding changes to conditions for development permit for reconfiguring a lot - 22A & 24A-32A Chippendale Street, Ayr - P.J. & L.E. Cremin.

Moved Cr. Lewis, seconded Cr. Loizou that in accordance with Section 3.5.17 of IPA, Council approves the request for a Negotiated Decision Notice for a Development Permit for Reconfiguring Lots (Subdivision) at 22A & 24A-32A Chippendale Street, Ayr (Lot 28 on SP213955 & Lot 31 on SP217483 Parish of Antill, County of Gladstone, subject to the following condition changes;

6.2 If the minor drainage from 5yr ARI storms cannot be conveyed by the proposed kerb and channel, maximum water depth of 150mm then an underground system shall be constructed that is capable of conveying 5yr ARI flows away from the development and any external catchments currently flowing onto the land being developed.

9.1 The developer shall provide stand-up kerb and channelling on the Chippendale Street frontage of all lots including Lot 1 to Lot 12 on an alignment that matches the existing kerb and channel. The design of such kerbing and channelling shall allow from the proposed design levels of the current upstream development. For the length of the proposed kerbing and channelling, the developer shall provide bitumen widening (two coat seal, 14mm and 10mm 150 consolidated type 2.2 gravel) from the edge of existing bitumen to the proposed kerbing and channelling.

17. Where fill is incorporated on allotments the fill will be compacted to the satisfaction of the Chief Executive Officer.

CARRIED.

CLAUSE 13 COUNCIL APPROVES DEVELOPMENT APPLICATION FOR RECONFIGURING LOTS - 141 & 143 BEACH ROAD AND 4 PATRICIA ROAD, AYR - L PAVONE

915037 - Sub 09-32 - Mr. S. Great, Manager Planning & Development - Report - Development application for reconfiguring lots - 141 & 143 Beach Road & 4 Patricia Road, Ayr - L. Pavone.

Moved Cr. Loizou, seconded Cr. Lewis that Council approves the development application for reconfiguring a lot (boundary realignment) at 141 & 143 Beach Road & 4 Patricia Road, Ayr (Lot 38 & 37 on SP213942 and Lot 2 on RP744910, Parish of Antill, County of Gladstone), subject to the following conditions:

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GENERAL

1.1 The Council will not release the formal plan of reconfiguration until all rates and charges in arrears in respect of the land, the subject of the application, are paid in full;

1.2 Pay the sum of $47.80 calculated on the basis of a charge of $23-90 per lot to be levied on the Council by the Department of Environment and Resource Management for each new valuation;

ROADWORKS

2. The construction of any crossovers to give access to the land is to be the owner’s responsibility and to the satisfaction of the Chief Executive Officer;

PROPOSAL PLAN

3. The reconfiguration of the land must be carried out generally in accordance with:-(a) (i) the proposed Cleve McGuane Surveys Pty Ltd plan numbered 28380-1c;(ii) the plans, specifications, facts and circumstances as set out in the application submitted to Council; and(b) any approval issued under this approval; and(c) any development permit for operational works relating to the reconfiguring of a lot;

PUBLIC UTILITY SERVICES

4. If any existing public utility service including telephone, electricity, water, sewerage or gas needs to be altered or relocated to complete the reconfiguration the developer must bear the cost of alteration or relocation;

OPERATIONAL WORKS

5. Where operational works are required to be carried out for the reconfiguration, the developer must, within a period of two years from the date of this permit and prior to the commencement of any work, lodge with Council an application for a development permit for operational works. As part of such application, the developer must submit:-

(a) detailed and complete engineering drawings and specifications of the proposed works prepared by a civil engineer, who is both registered under the Professional Engineer’s Act 2002 and is a current Registered Professional Engineer of Queensland; and

(b) a certificate from the engineer who prepared the drawings stating that the design and specifications have been prepared in accordance with these conditions, relevant Council Codes and Planning Scheme Policies and the relevant Australian Standard Codes of Practice;

ELECTRICITY SUPPLY

6. The developer must prior to release of formal Plan of Survey submit a letter from Ergon Energy (or other suitable entity) stating that satisfactory

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arrangements have been made with it for the provision of an electricity supply to the subdivision;

WATER SUPPLY WORKS INTERNAL

7.1 The existing water connection located at 143 Beach Road, Ayr is to be relocated to adjacent the boundary of proposed lot 37 fronting Beach or Patricia Road. The works are to be carried out by the Burdekin Shire Council with all costs associated with the re-location to be bourne by the applicant;

7.2 The applicant must provide a certified statement from a licensed plumber that no existing interconnecting water supply plumbing crosses the boundaries between the proposed lots;

DRAINAGE

8. The existing stormwater discharge pipe and headwall in proposed lot 37 to the underground drainage in Patricia Road is not to be altered without the written approval of Council;

ACCESS

9. Before release of formal plan of subdivision, documented evidence is to be provided to Council demonstrating that the North Burdekin Water Board consent to allowing access across the existing easement D to proposed new Lot 2.

CARRIED.

CLAUSE 14 COUNCIL APPROVES DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR RURAL INDUSTRY (SUGARCANE PROCESSING-FIBRE PLANT) - 97 ARTHUR SPOTSWOOD ROAD, INKERMAN - KFSU PTY LTD

915092 - Cons 09-11 - Mr. S. Great, Manager Planning & Development - Report - Development application for material change of use for rural industry (sugarcane processing-fibre plant) - 97 Arthur Spotswood Road, Inkerman - KFSU Pty. Ltd.

Moved Cr. Dalle Cort, seconded Cr. Loizou that Council approves the development application for a material change of use for rural industry (Sugarcane processing -Fibre Plant) at 97 Arthur Spotswood Road, Inkerman (Lot 531 on SP142564, Parish of Inkerman, County of Salisbury) subject to the following conditions:

GENERAL

1.1 The conditions of the development permit must be effected prior to the commencement of the use, except where specified otherwise in these conditions of approval;

1.2 The development and conduct of the approved use of the premises, the carrying out and maintenance of any works on the premises and

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construction and maintenance of any building on the premises must be generally in accordance with the supporting material and design layout plans submitted;

ROADWORKS

2. The construction of any crossovers to give access to the land is to be the owner’s responsibility and to the satisfaction of the Chief Executive Officer;

DRAINAGE

3.1 The approved development and use(s) must not interfere with the natural flow of stormwater in the locality in such a manner as to cause ponding or concentration of stormwater on adjoining land or roads;

3.2 Any external catchments discharging to the premises must be accepted and accommodated within the development’s stormwater drainage system;

EXTERNAL WORKS

4. The developer must at its own cost undertake all necessary alterations to public utility mains and services as are rendered necessary by the carrying out of any required external works or other works associated with the approved development;

OPERATIONAL WORKS

5. An approval under the Integrated Planning Act must be obtained before any Operational Works are carried out. Plans and specifications for all operational works must be submitted with the application.

ENVIRONMENT & HEALTH

6.1 Premises used for sugar cane processing are to meet the requirements of Chapter 3 of the Australian New Zealand Food Standards Code (ANZFA Food Safety Standards) and maintain licensing as a food premises with Burdekin Shire Council. Plans for the fit-out of the premises are to be submitted for approval prior to licensing.

6.2 The activity must be conducted in a manner to minimise noise, dust, odour or other emissions that may cause environmental harm or nuisance.

6.3 No contaminants shall be discharged to land or waters except waste water resulting directly from cane processing that shall be applied directly to agricultural land in quantities not exceeding the capacity of agricultural crop to assimilate the waste. (Note: If such waste water is stored or otherwise disposed, waste water shall be considered as a regulated waste and managed in accordance with the provisions of the Environmental Protection Act 1994 and regulations made thereunder).

6.4 Waste water from sources other than sugar cane processing including washdown waters shall be collected and treated through an on-site waste water treatment plant or septic tank installed and operated in accordance with relevant plumbing and drainage legislation.

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6.5 Waste shall not be stored in a place or manner subject to stormwater or stormwater run-off inundation.

6.6 Fuels or chemicals stored on site shall be stored in bunded enclosures undercover or otherwise in a place and manner that any spillage is not subject to stormwater or stormwater run-off.

6.7 Waste shall not be burnt or permitted to be removed off site for burning elsewhere.

6.8 Prior to the commencement of use, the operator of the activity must provide a potable water supply by either bore water supply or rainwater harvesting or a combination of both in accordance with the following:

Chemical and micro-bacteriological testing of the water must be provided of the water supply to demonstrate that it meets the quality requirements of the “Guidelines for Drinking Water Quality in Australia” published by the NHMRC and meet requirements of the Public Health Regulation 2005 All potable water storage facilities must be protected from contamination by the fitting of backflow prevention or similar devices. Test results conducted monthly as required by the Public Health Regulation 2005 shall be submitted to Council soon as possible following the Operator’s receipt of results.

CARRIED.

CLAUSE 15 COUNCIL APPROVES REPRESENTATIONS ON CONDITIONS FOR DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT - 30273 & 30309 BRUCE HIGHWAY, AYR - MARZABELLA PTY LTD

915104 - Sub 08-58 - Mr. S. Great, Manager Planning & Development - Report - Representations on conditions for development application for reconfiguring a lot - 30273 & 30309 Bruce Highway, Ayr - Marzabella Pty. Ltd.

The Mayor, Cr. McLaughlin declared a conflict of interest in respect of this matter as the applicants are related to her family.

Moved Cr. Lewis, seconded Cr. Loizou that in accordance with section 3.5.17 of IPA, Council approves the request for a negotiated decision notice for development permit for reconfiguring a lot (Subdivision)at 30273 & 30309 Bruce Highway, Ayr (Lot 4 on RP723731 & Lot 2 on RP736324, Parish of Jarvisfield, County of Gladstone), subject to the following condition changes;

1.2 Pay the sum of $908.20 calculated on the basis of a charge of $23.90 per lot to be levied on the Council by the Department Environment and Resource Management for each new valuation;

1.3 The proposed lots must be filled and compacted with approved material to a minimum level equal to the level of a 50 year ARI flood for the building pads, and the car parking areas be above 20 year ARI flood. Lots

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must be evenly graded to the road frontage or an inter-lot drainage system at not less than 0.25% to ensure that the land is free draining.

6.9 On going maintenance associated with existing open stormwater drains and any proposed changes to these drains as a result of this application, shall be the responsibility of the developer for a period of twelve (12) months or up until the developer achieves off-maintenance

7.2 Open drains within reserves shall have a 1.5m minimum width concrete invert constructed in the base of the drain unless the minimum standing water table is above the drain invert;

(i) Open drains within a drainage reserve with longitudinal grades of less than 0.5% shall have a 1.5m minimum width concrete invert constructed in the base of the drain to accommodate low flows;

(ii) Where no concrete invert is provided, capacity of the open drain shall be calculated assuming a Mannings “n” Roughness coefficient of 0.045 (long grass);

(iii) Where no concrete invert is provided, provision must be made to prevent water logging of the channel bed during low flow situations (eg - subsoil drainage).

8.1 Stormwater drains where required are to be constructed in accordance with the following design specifications;

i) Open drains incorporated in the minor drainage system shall be located within drainage easements;

ii) Open drains within a drainage easements with flat grades less than 0.5%, shall have a 600mm wide concrete invert constructed in the base of the drain.

CARRIED

The Mayor, Cr. McLaughlin voted in favour of this motion..

CLAUSE 16 PRESENTATION OF FLAG AND BOOKLET TO MAYOR FROM MAYOR OF VETTERSON, GERMANY

Mr Uli Liessman attended the meeting at this stage.

Mr Liessmann addressed Council on his recollections of his visit to Vetterson Council, Germany and presented a flag and booklet to the Mayor from the Mayor of Vetterson.

Minutes - Ordinary Council Meeting - 29th September, 2009

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CLAUSE 17 COUNCIL APPROVES DEVELOPMENT APPLICATION FOR RECONFIGURING LOTS (1 INTO 42 LOTS PLUS BALANCE LOT) - 975 WOODSTOCK-GIRU ROAD, GIRU - B & M SCHULZ

915269 - Sub 08-46 - Mr. S. Great, Manager Planning & Development - Report - Development application for reconfiguring lots (1 into 42 lots plus balance lot) - 975 Woodstock-Giru Road, Giru - B. & M. Schulz.

Moved Cr. Gazziola, seconded Cr. Loizou that Council approves the development application for reconfiguring a lot (1 into 42 lots plus balance lot) at 975 Woodstock-Giru Road, Giru (Lot 10 on SP195123, Parish of Scott, County of Elphinstone), subject to the following conditions:

GENERAL

1.1 The Council will not release the formal Plan of Reconfiguration until all rates and charges in arrears in respect of the land, the subject of the application, are paid in full;

1.2 Pay the sum of $1027.70 calculated on the basis of a charge of $23-90 per lot to be levied on the Council by the Department of Environment and Resource Management for each new valuation;

1.3 Any earthworks required over the site for the preparation of level building pads are to be carried out in accordance with AS3798-1996 “Guidelines on Earthworks for Commercial and Residential Developments”;

1.4 The park identified on Plan No. 83014-01 (13.25 ha in area) is to be removed. An amended site plan is to be submitted to Council illustrating how the park area will be incorporated into the proposed adjoining lots;

ROADWORKS

2.1 The construction of any crossovers to give access to the land is to be the owner’s responsibility and to the satisfaction of the Chief Executive Officer;

2.2 All internal roads will be designed and constructed to service all lots in accordance with “Austroads Guide to Traffic Engineering Practice Manuals” unless otherwise varied by other conditions of this approval or approved by Council in writing;

2.3 All earthworks, cut/fill batter treatment, retaining walls and drainage associated with the roadworks must be designed to the satisfaction of the Chief Executive Officer;

PROPOSAL PLAN

3. The reconfiguration of the land must be carried out generally in accordance with:-(a) (i) the proposed Conics plan numbered 83014-01;

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(ii) the plans, specifications, facts and circumstances as set out in the application submitted to Council; Except where modified by the conditions of approval and any approval issued there under; and(b) any approval issued under this approval; and(c) any development permit for operational works relating to the reconfiguring of a lot;

PUBLIC UTILITY SERVICES

4. If any existing public utility service infrastructure including telecommunications, electricity, water, or gas needs to be altered or relocated to complete the reconfiguration the developer must bear the cost of alteration or relocation;

OPERATIONAL WORKS

5. Where operational works are required to be carried out for the reconfiguration, the developer must, prior to the commencement of any work, lodge with Council an application for a development permit for operational works. As part of such application, the developer must submit:-

(a) detailed and complete engineering drawings and specifications of the proposed works prepared by a civil engineer, who is both registered under the Professional Engineer’s Act 2002 and is current Registered Professional Engineer of Queensland; and

(b) certificate from the engineer who prepared the drawings stating that the design and specifications have been prepared in accordance with these conditions, relevant Council Codes and Planning Scheme Policies and the relevant Australian Standard Codes of Practice;

ELECTRICITY SUPPLY

6. The developer must prior to release of formal Plan of Survey submit a letter from Ergon Energy (or other suitable entity) stating that satisfactory arrangements have been made with it for the provision of an underground electricity supply to the subdivision and must provide at the developer’s cost:-

(a) a reticulated underground electricity supply to each part of the subdivision in accordance with the requirements of the Electricity Service Provider;

WATER SUPPLY

7. The applicant will be required to provide a potable water supply system to service each proposed lot. Such system will be designed and constructed in accordance with best engineering practices. The system designed will need to meet the requirements of Burdekin Shire Council’s IPA Planning Scheme with regard to storage capacity and fire fighting mitigation measures. All proposed systems to be to the satisfaction of the Chief Executive Officer.

STORMWATER MANAGEMENT

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8. The developer must prior to release of the formal Plan of Survey submit to Council a ‘Stormwater Management Plan’. Such plan must include mitigation measures to address the following:· Acceptable ‘Water Sensitive Urban Design’ strategies (quality and quantity) are incorporated;· Stormwater detention from roads, open space and common areas to maintain existing, natural flow regimes and velocities,· Sediment and erosion control measures during the construction phase;· Staging details including progressive stabilisation techniques;· Barrier and fencing measures to prevent contaminants entering waterway corridors;· Proposed drainage reserves/easements

EROSION AND SEDIMENTATION

9. The developer must prior to release of the formal Plan of Survey submit to Council an ‘Erosion and Sedimentation Management Plan’. Such plan must include mitigation measures to address the following:

Identification of areas susceptible to erosion and/or sedimentation;Monitoring and on-going maintenance strategies during construction phase;Details of permanent erosion/sedimentation control measures;Water velocity mitigation measures;

EFFLUENT DISPOSAL

10. Each proposed lot within the subdivision will be serviced by an individual onsite sewerage facility. The proposed effluent disposal method will be as per Innoflow’s “Treatment Plant Report: which is included at Appendix D of the Engineering Services Report lodged as part of the response to the Assessment Manager’s Request for Further Information. All proposed on-site sewerage systems are to be to the satisfaction of the Chief Executive Officer.

BUSHFIRE MANAGEMENT

11. The developer must prior to release of the formal Plan of Survey submit to Council an acceptable Bushfire Prevention and Management Plan. The plan must include specific details of the implementation of measures contained in the Bushfire Hazard Assessment Report included as Appendix G of the originating application;

ENVIRONMENT & HEALTH

Watercourse buffers

12. The developer is responsible for the establishment and maintenance of vegetation within the buffer, including regressing and reinstatement of existing cleared and eroded areas until individual lots are on-sold to a third party who will subsequently assume responsibility for ongoing maintenance.

Declared Plants and Pests

13. The developer shall eradicate/control all declared plants existing on the property. Council will not endorse the final plan of survey until it is satisfied that all declared plants have been treated or a Pest Management

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Plan submitted as required by the provisions of the Land Protection (Pest and Stock route Management) Act 2002. It is the responsibility of the developer – at the time of submission of a Final Plan of Survey with Council – to liaise with Council’s Environment and Health Department to arrange for inspection of the site.

Vegetation

14. No vegetation clearing shall be undertaken until such time as operational works approval and all other approvals as lawfully required have been granted.All felled vegetation derived from vegetation removal activities on this site shall be disposed of in the following order of preference:(a) milling;(b) chipping and mulching on site or at a landfill that accepts green waste and/or;(c) another method approved of by the Council’s Chief Executive Officer (not burning)No burning of vegetation is to be undertaken on site.

Covenant

15. A covenant shall be registered under the Land Titles Act 1994 over all lots within the proposed subdivision that provides the following restrictions:

In general, activities that could impact upon the natural ecological function of the vegetation communities and habitat outside designated development areas are prohibited. Further as provided in the consent, the register proprietors of the area outside the designated development area (consisting of building envelopes and fire protection area, as nominated on plan 83014-02) shall not undertake, permit, suffer or cause the following to occur:

Development;Clearing, destruction, removal of or injury to any local native trees, plants or grasses in the area outside the designated development area.Planting of trees, grasses or plants except Local Native Flora outside the designated development area;Carrying out of any act which may significantly adversely affect any populations of Local Native Flora of Local Native Fauna or their related habitats in the area outside the designated development area;Release or wilful introduction of any animal (but excluding an assistance animal), including any cat, dog or other domestic animal, into the area outside the designated development; Removal, introduction or disturbance of any soil, rocks, or other minerals or the construction of channel, drains or dams will be prohibited excluding the works approved by development consent;Removal of any timber including fallen timber from the area outside the designated development area;The establishment of any asset protection zone for bushfire protection for any development other than the proposed development.

Further ,the following obligations shall be adhered from the proprietor of the land:

In order to prevent the risk of introduction of weed propagules to the

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land, any mulch imported to the land shall be certified to be organic and demonstrable weed free.

Buffer areas determined for the water courses present within the proposed development site are to be fenced. Within this buffer area, the identification, management and monitoring of Declared weeds, Weeds of National Significance and invasive environmental weeds will need to undertaken. Such control shall specifically reference the following: Weeds of National Significance; Lantana (lantana camara ), Rubber vine (Crytpstegia grandifloa ), Class 3 Declared Plant in Queensland under the Land Protection (Pest and Stock Route Management ) Act 2002 ; Chinee Apple (Ziziphus mautitna ), and environmental weed including Snakewood (Stachytarpheta cayennsis ) amongst all other relevant introduced weeds.

Fencing will only be permitted to be erected around the perimeter of the designated bushfire setback.

In addition Landscaping to the site is to comply with the principles stated in the Bushfire hazard Assessment (NSEC 2008b). In this regard the following landscaping principles are to be incorporated into the development and maintenance:

Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come into contact with the building.

Grassed areas/mowed lawns or ground cover plantings being provided in close proximity to the building.

A draft copy of the proposed Covenant wording shall be supplied to Council for approval and subsequently registered with the release of the formal plan of subdivision.

Bushfire Management

16. The developer is responsible for the establishment and maintenance of the fire access easements.

Development Area

17. A meets and bounds survey of the development area (building envelope and fire protection area) for each proposed lot must be provided to Council prior to the sealing of plans for the lots.

CARRIED

Minutes - Ordinary Council Meeting - 29th September, 2009

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CLAUSE 18 COUNCIL APPROVES B-DOUBLE ROUTE APPLICATION - GJ & JA HORTON

915279 - 03-03-01 - Mr. K. Byers - Manager Design Office - Report - B-double route application - GJ & JA Horton.

Moved Cr. Dalle Cort, seconded Cr. Gazziola that Council:-

1. Offers no objection to GJ and JA Horton’s application for the following routes for an “as of right” operation for 25 metre B-Double vehicles:

a. Access to property at the corner of Ayr Dalbeg Road and Woodhouse Road from the Bruce Highway via:(i) Ayr Dalbeg Road, Woodhouse Road and return;(ii) Upper Haughton Road, Barratta Road, School Road, George Road, Granshaw Road, Ayr Dalbeg Road, Woodhouse Road and return;

b. Access to property at the corner of Ayr Dalbeg Road and Shelley Road from the Bruce Highway via:(i) Ayr Dalbeg Road, Shelley Road and return;(ii) Upper Haughton Road, Barratta Road, School Road, George Road, Granshaw Road, Ayr Dalbeg Road, Shelley Road and return;

c. Access to property on George Road (1.5km from Muspratt Road) from Bruce Highway via:(i) Ayr Dalbeg Road, Granshaw Road, George Road and return;(ii) Upper Haughton Road, Barratta Road, School Road, George Road and return;

d. Access to property on Ravenswood Road (500m along Ravenswood Road from Freeman Road) from the Bruce Highway via:(i) Ayr Dalbeg Road, Granshaw Road, George Road, Mulgrave Road, Freeman Road, Ravenswood Road and return;(ii) Upper Haughton Road, Barratta Road, School Road, George Road, Mulgrave Road, Freeman Road, Ravenswood Road and return;

2. Advise the Department of Main Roads and Queensland Transport accordingly.

CARRIED

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CLAUSE 19 COUNCIL APPROVES SUBMISSION OF PROPOSED FINANCIAL STATEMENTS TO AUDITOR AND COUNCIL

913998 - 01-10-13 - Mr. T. Cross, Manager Financial Services - Report - Submission of proposed financial statements to Auditor and Council.

Moved Cr. Lewis, seconded Cr. Loizou that Council receives the proposed

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financial statements for the 2008/09 financial year in accordance with Section 49 of the Local Government Finance Standard.

CARRIED.

CLAUSE 20 CORRESPONDENCE FOR INFORMATION

1. 912588 * 03-06-01Keep Australia Beautiful Queensland Inc.

Burdekin Christian College named North Queensland's Greenest and Healthiest School.

2. 913273 * 03-08-45Law, Justice and Safety Committee

Inquiry into alcohol related violence - call for submissions.

3. 913662 * 03-06-07 & 02-02-04Ayr Pastoral Agricultural & Industrial Association Inc.

Proposal for grant - Ayr Pastoral Agricultural and Industrial Association Incorporated.

4. 913812 * 01-10-15Make-A-Wish Foundation of Australia Ltd

Thank you letter from Make-a-wish Foundation for support and donation.

5. 914192 * 01-10-17 & 03-08-11TZaro Cultural gallery

Thank you letter from Zaro Cultural Gallery for sponsorship to attend 2009 North Queensland Tourism Awards.

6. 914360 * 03-08-11PRW & JE Peterson

Reimbursement of expenses for Ray and Judy Peterson - Just 4 Kids Motortrail 2009.

7.00914831 * 01-10-26 & MF-01 & MF-11Australian Local Government Association - ALGA

Health Places and Spaces National Planning Guide.

8. 914832 * 03-08-11T & MF-33Townsville Enterprise Limited

Thank you for participation in successful development of North Queensland Tourism Opportunity Plan (NQ TOP).

Minutes - Ordinary Council Meeting - 29th September, 2009

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9. 914833 * MF-01Scripture Union North Queensland Region

Burdekin Chaplaincy Chappy News - September 2009.

10. 914834 * MF-07 & MF-27 & 03-03-10Floodplain Management Authorities

Formation of Federal Floodplain Management Authorities - motion passes at Annual General Meeting of Flood Management Authorities held at the 49th Conference in Albury.

11. 914835 * MF-01Australian Red Cross Blood Service - Melbourne

"Year of the Blood Donor" DVD.

12. 914836 * MF-01 & 03-06-04Surf Life Saving Queensland - Brisbane

Surf Life Saving Queensland Annual Report for season 2008/2009 - Our Centenary of Summers.

13. 914837 * MF-01 & MF-02Surf Life Saving Queensland - Brisbane

Invitation to Mayor to be a Vice Patron for the 2009/2010 season.

14. 914838 * 06-09-15 & MF-36Department of Transport and Main Roads

Main Roads Annual Report and Financial Report for period 1 July 2008 to 31 March 2009.

15. 914839 * MF-07 & 08-03-03Australian Local Government Association - ALGA

2009 Australian Local Government Association National Local Roads and Transport Congress - Mackay - 8-10 November 2009.

16. 914840 * 03-08-11E & MF-01QR Passenger Pty Ltd

Commemorative medallion as appreciation for support of the Q150 Stream Train Journey.

17. 914841 * MF-11QCCI - Queensland Chamber of Commerce and Industry

Blueprint for Fighting Queensland's Overregulation.

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18. 915220 * MF-02 & 01-10-38Home Hill Harvest Festival Inc - Home Hill Lions Harvest Festival Inc

Complimentary tickets to Bride of the Year on 24th October, 2009 available at Dominique's Flowers and Funk.

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CLAUSE 21 COUNCIL APPROVES PURCHASE OF ATESSA TABLE SETTINGS FOR WALKING/CYCLE TRACK FROM PLANTATION PARK TO ANZAC PARK

Moved Cr. List, seconded Cr. Dalle Cort that Council approves the purchase of 27 Atessa table settings for the walking/cycle track from Plantation Park to Anzac Park from Site Systems, this being the preferred supplier and similar to equipment purchases for the Alva Beach Foreshore Development.

CARRIED.

CLAUSE 22 COUNCIL LISTS FOR BUDGET DISCUSSION PRIORITISATION AND CONSIDERATION OF UPGRADING SHIRE'S PUBLIC CONVENIENCE FACILITIES

Moved Cr. McLaughlin, seconded Cr. Loizou that Council lists for budget discussion the prioritisation and consideration of upgrading of the Shire's public convenience facilities.

CARRIED.

CLAUSE 23 COUNCIL TO INVESTIGATE DEVELOPMENT OF THE MARKET SPACE ADJACENT TO EXISTING FOOTPATH IN PLANTATION PARK

Moved Cr. List, seconded Cr. Dalle Cort that Council investigates the development of the Market space adjacent to the existing footpath in Plantation Park.

CARRIED.

CLAUSE 24 COUNCIL LISTS FOR BUDGET DISCUSSION CONSIDERATION OF THE INSTALLATION OF ABOVE GROUND BURIAL

Moved Cr. List, seconded Gazziola that Council lists for budget discussion consideration of the installation of above ground burial cribs as seen in Innisfail.

CARRIED.

Minutes - Ordinary Council Meeting - 29th September, 2009

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CLAUSE 25 COUNCIL TO ENTER INTO DISCUSSIONS WITH SOUTH SEA ISLANDER GROUP REPRESENTATIVE ON THE DEVELOPMENT OF A SOUTH SEA ISLANDER MEMORIAL PLAQUE(A-CEO)

Moved Cr. List, seconded Cr. Loizou that Chief Executive Officer, Mr Holt enters into discussions with Mrs Joyce Henaway, representative for South Sea Islander Group, on the development of a South Sea Islander memorial plaque to recognise their contribution to the community.

CARRIED.

CLAUSE 26 CHIEF EXECUTIVE OFFICER REPORTS ON BURDEKIN SHIRE COUNCIL STAFF'S OUTSTANDING LEAVE ENTITLEMENTS

Chief Executive Officer, Mr Holt reported to Council on Burdekin Shire Council staff's outstanding leave entitlements.

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CLAUSE 27 COUNCIL MEETS IN COMMITTEE IN ACCORDANCE WITH SECTION 463.(1) OF LOCAL GOVERNMENT ACT 1993

Moved Cr. Gazziola, seconded Cr. Lewis that the Council meet in committee in accordance with the following sections of the Local Government Act 1993:

Section 463.(1) (a) - the appointment, dismissal or discipline of employees

Section 463.(1) (h) - other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

for the purpose of discussing:

Employee matters1.Economic development proposal2.

CARRIED

Minutes - Ordinary Council Meeting - 29th September, 2009

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CLAUSE 28 ORDINARY MEETING OF COUNCIL RESUMED

Moved Cr. Loizou, seconded Cr. Gazziola that the ordinary meeting of council be resumed.

CARRIED

There being no further business the meeting closed at 3.00pm

These minutes were confirmed by Council at the Ordinary Council Meeting held on 13th October, 2009.

MAYOR.

BURDEKIN SHIRE COUNCIL

MINUTES - BURDEKIN ROAD SAFETY ADVISORY MEETING FOR 26TH AUGUST, 2009

Commencing at 10.30amHeld in the Ernie Ford Boardroom

CLAUSE 1 ATTENDANCE

Cr. Lou Loizou - Burdekin Shire CouncilTrevor Williams - Burdekin Shire CouncilKevin Byers - Burdekin Shire CouncilDarian Greenough - Queensland Police ServiceTony Gemellaro - Home Hill Chamber of CommerceAllison Barlow - Department of Transport and Main RoadsC Allis - Department of Transport and Main RoadsDenise Elrick - Department of Transport and Main RoadsGurjit Singh - Department of Transport and Main RoadsEleanor Betteridge - Seniors Support Service

Apologies: Jeff Payard - Queensland Police Service

Minutes Clerk: Kylie Smith.

CLAUSE 2 MINUTES RECEIVED

Moved Allison Barlow, seconded Darian Greenough that the minutes of the Burdekin Road Safety Advisory Committee Meeting held on 29th May, 2009 be received as a true and accurate record.

CARRIED.

CLAUSE 3 BUSINESS ARISING FROM PREVIOUS MINUTES

Clause 2 - Denise Elrick advised that the Home Hill speed survey will be conducted in the near future. It was noted that the Department of Main Roads has received the Committee's letter requesting a date for the speed survey and a response will be sent in due course.

Clause 4 - Sandy Corner - Mr Byers advised that the Department of Main Roads have advised that roadworks will be undertaken at Sandy Corner to remove the side slip lane and create a T intersection from the Highway. It was also noted that the Sandy Corner rest area will also be upgraded with new amenities and improved facilities to cater to the public.

Minutes - Burdekin Road Safety Advisory Committee Meeting - 26th August, 2009.

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CLAUSE 4 GENERAL BUSINESS(A-DEO)

1. New changes to Queensland motorcycle licence requirements has taken effect from the 1st July 2009 as follows:- RE licence required- Introduction of Learner Approved Motorcycle Scheme- Power to weight ratio comparison of the engine output to the weight of the bike- All provisional motorcycle licence holders must display a P-plate

2. Discussion held regarding the service lane at Eighth Avenue, Home Hill. It was noted that people are driving across the painted double lines creating a potential traffic accident. It was agreed that the Committee send a letter to the Department of Main Roads advising of the situation and motorists not obeying the road rules and the possibility of creating raised traffic islands to deter further occurrences.

3. Road signage at Charlie's Hill and Homestead Road is hindering visibility to trucks. Council and Department of Main Roads staff to investigate.

4. Department of Main Roads to investigate the possibility of painting the concrete sides of the Haughton River Bridge to improve visibility and safety of drivers.

5. Request for overhanging tree branch near property at United Greenacres to be trimmed as it is currently hanging above the roadway.

6. Representatives advised to telephone 13 19 40 or visit the Department of Main Roads website to get updated information regarding road closures and road openings.

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CLAUSE 5 CORRESPONDENCE FOR INFORMATION(A-DEO)

1. 2009 Queensland Road Safety Awards and Centre for Accident Research and Road Safety Newsletter.

2. Letter from Rosemary Menkens requesting a safety assessment of Queensland Rail train crossing at the intersection of Milburn and Mill Roads, Home Hill.

Discussion was held and it was agreed that the Committee would send a letter to Queensland Rail requesting the installation of lighting to illuminate trains and also to contact Rosemary Menkens requesting she also send a letter to Queensland Rail advising of the situation.

Minutes - Burdekin Road Safety Advisory Committee Meeting - 26th August, 2009.

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CLAUSE 6 NORTHERN REGION ROAD SAFETY ACTION PLAN 2008-2009

The Committee continued to work on the Burdekin Road Safety Action Plan.

It was agreed for Representatives to attend a workshop on 15th October, 2009 to continue discussions regarding the Northern Region Road Safety Action Plan.

There being no further business the meeting closed at 12.00pm.

CR. LOU LOIZOUCHAIRMAN

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Mr S Great - Manager Planning & Development

Report - Development application for reconfiguring a lot - 330 Beach Road, Ayr - Karen Stewart.

3. 918381 * Sub 09-33

Mr T G Williams - Director Environment & Operations

Report - Proposed fees for 2009/2010 for Ayr Swimming Pool, Home Hill Swimming Pool and 2010 for Burdekin Cascades Caravan Park and Home Hill Caravan Park.

4. 918402 * 01-10-08 & 01-10-31 & 03-08-04 & 03-08-07

Mr G Pappalardo - Manager Operations

Report - Tender for Relining of Sewer Mains - TBSC/09/22.

1. 918364 * 05-05-01

Mr S Great - Manager Planning & Development

Report - Development application for reconfiguring lots - 17 Old Home Hill Road, Ayr - Margaret Gray.

2. 918380 * Sub 09-31

ENVIRONMENT & OPERATIONS

Page 1 of 2

Burdekin Shire Council

Programme Category: Environment & Operations Date: 8th October, 2009

Referring Letter Number: N/A

File Number: 5/5/1

SUBJECT HEADING: Tender for Relining of Sewer Mains - TBSC/09/22

Name of Applicant: N/A

Location: N/A

Author and Officer’s Title: Peter Johnson – Cadet Technical Officer

Executive Summary:

Advice of adoption of tender for TBSC/09/22 – Relining of Sewer Mains

Officer’s Recommendation:

Advice to Council.

Background:

Council has called for tenderers to submit a price for the relining of sewer mains in Ayr and Home Hill. The tender closed at 12:00pm on the 30th of September. Three tenderers lodged submissions - Interflow, Kembla and Relining Solutions.

Each of the tenders was closely reviewed and the lowest tendered price from Interflow was selected. Allocation of funds for the work is included in the current budget.

Link to Corporate/Operational Plan:

Capital expenditure for relining of sewers.

Consultation:

N/A

Legal Authority or Implications: (statutory basis – eg Act, Local Law, legal risks)

N/A

Policy Implications:

N/A

Page 2 of 2

Financial and Resource Implications:

This project is in the current budget.

Report prepared by: Peter Johnson – Cadet Technical Officer

................................................................................

Report authorised by: Gary Pappalardo – Manger of Operations

................................................................................

Burdekin Shire Council

Programme Category: Environment & Operations

Classification: N/A Date: 7th October, 2009

Referring Letter No: 910036 File No: Sub 09-31

Subject Heading: Lodging a Development Application for Reconfiguring Lots

Name of Applicant: Margaret Gray

Location: 17 Old Home Hill Road, Ayr (Lot 1 on RP712590, Parish of Antill, County of Gladstone)

Author and S GreatOfficer’s Title: Manager - Planning & Development

Executive Summary:

An application has been received from Brazier Motti Pty Ltd on behalf of their client Margaret Grayseeking approval for Reconfiguring a Lot (Subdivision) at 17 Old Home Hill Road, Ayr (Lot 1 on RP712590, Parish of Antill, County of Gladstone). A Development Application (Code Assessable) has been triggered in accordance with the Burdekin Shire IPA Planning Scheme.

Officer's Recommendation:

That Council approves the Development Application for Reconfiguring a Lot (Subdvision) at 17 Old Home Hill Road, Ayr (Lot 1 on RP712590, Parish of Antill, County of Gladstone), subject to the following conditions:

GENERAL

1.1 The Council will not release the formal Plan of Reconfiguration until all rates and charges in arrears in respect of the land, the subject of the application, are paid in full;

1.2 Pay the sum of $47.80 calculated on the basis of a charge of $23-90 per lot to be levied on the Council by the Department of Environment and Resource Management for each new valuation;

1.3 Access to proposed lot 16 on proposal plan 55342/1B is to be a minimum width of 4 meters;

ROADWORKS

2. The construction of any crossovers to give access to the land is to be the owner’s responsibility and to the satisfaction of the Chief Executive Officer; Any proposed purchaser of the land is to be advised accordingly

PROPOSAL PLAN

3. The reconfiguration of the land must be carried out generally in accordance with:-(a) (i) the proposed Brazier Motti Pty Ltd plan numbered 55342/1B;

(ii) the plans, specifications, facts and circumstances as set out in the applicationsubmitted to Council; and

(b) except where modified by the conditions of approval and(c) any approval issued under this approval; and(d) any development permit for operational works relating to the reconfiguring of a lot;

PUBLIC UTILITY SERVICES

4. If any existing public utility service including telephone, electricity, water, sewerage or gas needs to be altered or relocated to complete the reconfiguration the developer must bear the cost of alteration or relocation;

OPERATIONAL WORKS

5. Where operational works are required to be carried out for the reconfiguration, the developer must, within a period of two years from the date of this permit and prior to the commencement of any work, lodge with Council an application for a development permit for operational works. As part of such application, the developer must submit:-

(a) detailed and complete engineering drawings and specifications of the proposed works prepared by a civil engineer, who is both registered under the Professional Engineer’s Act 2002and is a current Registered Professional Engineer of Queensland; and

(b) a certificate from the engineer who prepared the drawings stating that the design and specifications have been prepared in accordance with these conditions, relevant Council Codes and Planning Scheme Policies and the relevant Australian Standard Codes of Practice;

ELECTRICITY SUPPLY

6. The developer must prior to release of formal Plan of Survey submit a letter from Ergon Energy (or other suitable entity) stating that satisfactory arrangements have been made with it for the provision of an electricity supply to both the existing and proposed lot.

SEWERAGE SUPPLY WORKS INTERNAL

7. The applicant must connect proposed lot 16 to Council’s reticulated sewerage scheme. The full cost of such connections shall be the responsibility of the applicant;

WATER SUPPLY WORKS INTERNAL

8.1 The applicant must connect proposed lot 16 to Council’s reticulated water supply. The water meter on the proposed connection shall be installed in a suitable trafficable pit underground as approved by the Chief Executive Officer. The full cost of such connections shall be the responsibility of the applicant;

8.2 The applicant must provide a certified statement from a licensed plumber that no existing interconnecting water supply plumbing crosses the boundaries between the proposed lots.

WATER SUPPLY AND SEWERAGE HEADWORKS

9. A contribution in terms of Council's Planning Scheme Policy for "Developer Contribution for Provision of Water Supply and Sewerage Services" is payable for the additional lot created by this development. The amount will be calculated at the time of payment based on the charge applicable at the time. As an indication only, the total amount payable for the development is currently $3,146.40 for water and sewerage.

AMENITY – SCREEN FENCING

10. Provide evidence of or construct a suitable screen fence along the proposed access driveway (both sides) to the rear allotment to ensure that the existing residential amenity on both the subject and adjoining properties is protected. The fence design plan is to be submitted to gain the consent of Council to ensure that the construction method and building material is to the satisfaction of the Chief Executive Officer;

ACCESS

11. The accessway to proposed lot 16 shall be constructed with a driveway for its full length to the following standards:

a) A three (3) metre wide compacted gravel pavement not less than 150mm thick (type 2.2) and sealed with either:- 25mm of DG7 asphaltic concrete, or- hot sprayed bitumen consisting of a prime and 2 seal coats (10mm & 16mm); or- interlocking pavers on a base of a minimum 75mm thickness;Or

b) A three (3) metre wide reinforced concrete driveway (not car tracks) not less than 100mm thick.

ADVICE (Note: These are not conditions)

Please note that in terms of SECTION 3.5.22 (1) of the Integrated Planning Act 1997, the currency period can only be extended if the request is received before the approval lapses.

In accordance with the draft Council policy on rear allotment developments the approval only allows for a single dwelling house to be located on the rear allotment.

Please note that the proposed reconfiguration may not comply with current legislation with regard to electricity provision.

The approved development and use(s) must not interfere with the natural flow of stormwater in the locality in such a manner as to cause ponding or concentration of stormwater on adjoining land or roads.

Unless otherwise specified by these conditions, the conditions must be complied with prior to approval of the Plan of Survey;

Background:

The following comments are from the Manager of Planning & Development, Mr Shane Great:The land is zoned ‘Residential’ and has a ‘Low Density Residential Sub Area’ designation with the proposal triggering a ‘code assessable’ development application for reconfiguring a lot (Subdivision). The application has been assessed against the Reconfiguration of a Lot Code under the provisions of the Burdekin Shire Council’s IPA Planning Scheme.

The Application:The proposal seeks to subdivide 17 Old Home Hill Road, Ayr to create one (1) additional residential lot. It is the intent of the applicant to create a rear allotment configuration to achieve this. All proposed lots will be in accordance with Council’s Planning Scheme in that they will have areas greater than 500m2, however, proposed Lot 16 will have a road frontage of 3.5 metre and as such does not comply with the provision for road frontages greater than 15 metres. Council using discretion has relaxed the minimum road frontage requirement in the past if it can be demonstrated that legal and practical access is provided to the lot. Council officers have recommended to Council that the proposed access be a minimum of four (4) metres and not 3.5 metres as demonstrated on the proposal plan. In this particular case, if a four (4) metre access was achieved; legal and practical access is considered appropriate.This proposed ‘in-fill’ development is able to be appropriately serviced by connecting to existing infrastructure.

Site Description/Surrounding Land Uses:The subject site comprises a total area of 1702m2 located on a relatively flat rectangular lot in the residential area of Rossiter’s Hill on Old Home Hill Road. The site is currently improved by a single detached dwelling and some trees. The surrounding area is primarily residential amenity.

Recommendation;Council’s Development Assessment Team members have assessed the application and have included reasonable and relevant conditions as part of the recommended approval. The proposal complies with

the provisions contained within the draft Council policy for rear allotment subdivisions in that the minimum areas are in excess of 700m2 and sealed access and fencing provisions have been recommended to ensure that existing amenity is protected. It is recommended that Council approves the application subject to the abovementioned conditions.

Consultation (internal/external);All relative Council departments have been consulted, there was no external consultation required for this application.

(Signature)Report prepared by: S. Great - Manager Planning & Development

Created on Wednesday, 23 September 2009

Burdekin Shire Council

Programme Category: Environment & Operations

Classification: N/A Date: 6th October, 2009

Referring Letter No: 911055 File No: Sub 09-33

Subject Heading: Lodging a Development Application for Reconfiguring a lot

Name of Applicant: Karen Stewart

Location: 330 Beach Road, Ayr (Lot 8 on SP114710, Parish of Antill, County of Gladstone)

Author and S GreatOfficer’s Title: Manager - Planning & Development

Executive Summary:

An application has been received from Karen Stewart seeking approval for Reconfiguring a lot (1into 2) at 330 Beach Road, Ayr (Lot 8 on SP114710, Parish of Antill, County of Gladstone). A Development Application (Code Assessable) has been triggered in accordance with the Burdekin Shire IPA Planning Scheme. Given the ‘Rural’ zoning, it is considered that the application is contrary to achieving the purpose of the Planning Scheme. Refusal of the application is recommended.

Officer's Recommendation:

That Council refuse the Development Application for Reconfiguring a Lot (1into 2) at 330 Beach Road, Ayr (Lot 8 on SP114710, Parish of Antill, County of Gladstone), on the following grounds:

1. The proposed development compromises the achievement of the Burdekin Shire Council’s IPA Planning Scheme’s Desired Environmental Outcomes;

2. Insufficient justification is provided to override the conflict with the Burdekin Shire Council’s IPA Planning Scheme and in particular the Rural Zone code;

3. The proposed development is contrary to the Policy Principles of the State Planning Policy 1/92 –Development and the Conservation of Agricultural Land;

Background:

The following comments are from the Manager of Planning & Development, Mr Shane Great:

The land is zoned ‘Rural’ with the proposal triggering a ‘code assessable’ development application for reconfiguring a lot. The application has been assessed against the Reconfiguration of a Lot Code under the provisions of the Burdekin Shire Council’s IPA Planning Scheme.

The Application:The subject site comprises a total area of 2.306ha and has approximately 245m frontage to BeachRoad, and 40m frontage to Burstall Road. The site is currently improved with a dwelling house and some farm sheds. It is the applicant’s intent to subdivide existing lot 8 to create an additional lot, which would be able to accommodate a dwelling house.

Site Description/Surrounding Land Uses:The site is located on the northern outskirts of Ayr along Beach Road. The adjoining properties are all utilised for agricultural purposes, there is also a number of residential uses in the vicinity of the subject property. The site is located within the rural zone in accordance with the provisions of the Burdekin Shire Council’s IPA Planning Scheme and is currently used for residential purposes.

Effluent Disposal:A site assessment report from Nicoll Beattie Pty. Ltd. confirms that each proposed lot has adequate area to construct proper on-site effluent treatment areas. The report also states that there are no known environmental or public health constraints to the on-site treatment of domestic waste.

Summary/ Recommendation:Although it has been argued by the applicant that the subject land is in close proximity to existing and proposed residential land uses and is able to be serviced by necessary infrastructure such as roads, there is no substantiated evidence provided with the application that overrides the objective of meeting the relevant specific outcomes of the Burdekin Shire Council’s IPA Planning Scheme Codes. It is therefore recommended that Council adopt the recommendation to refuse the application.

Consultation (internal/external):All relative Council departments have been consulted, there was no external consultation required for this application.

(Signature)Report prepared by: S. Great - Manager Planning & Development

Created on Tuesday, 6 October 2009

Page 1 of 5

Burdekin Shire Council

Programme Category: Environment & Operations Date: 8 October 2009

Referring Letter Number: N/A

File Number: 01/10/08, 01/10/31, 03/08/04, 03/08/07

SUBJECT HEADING: Proposed fees for 2009/2010 for Ayr Swimming Pool, Home Hill Swimming Pool and 2010 for Burdekin Cascades Caravan Park and Home Hill Caravan Park

Name of Applicant: N/A

Location: N/A

Author and Officer’s Title: Linda Govan

Coordinator Environmental Health

Executive Summary: The fees have been proposed by the managers of the Council’s Caravan Parks and Pools to help cover the costs of operating these facilities and improving the services provided. The proposed fees for the pools are similar to each other given the similarity in facilities provided.

Officer’s Recommendation:

That Council:1. Endorse the fees as detailed below for the 2009/2010 financial year for the Ayr

Pool, Home Hill Pool and from the 1st January 2010 for the Burdekin Cascades Caravan Park and Home Hill Caravan Parks:

Details 2009/2010

Ayr PoolAdult $3Child $2Adult Session Pass (10 entries to pool)

$25

Child Session Pass $15Adult Annual Pass $250Child Annual Pass $150Pool Hire:Schools $44Private functions after hours $66

Home Hill PoolAdult $3Child $2Adult Session Pass (10 entries to pool)

$25

Child Session Pass $15Adult Annual Pass $200Child Annual Pass $150

Page 2 of 5

Details 2010Burdekin Cascades Caravan Park

CabinsEach additional person

$70*$10

Powered siteEach additional person

$22*$8

Unpowered tent siteEach additional person

$15*$5

Unpowered caravan siteEach additional person

$18.50*$5

Budget RoomSingle person

$50*$35

* Prices are per night and for 2 people unless otherwise stated.

Home Hill Caravan Park CabinsEach additional person

$62*$8

Cabins (per week) $310*Powered site(caravan/tent)Each additional person

$22*$7 ($3.50/child

Unpowered caravan siteEach additional person

$18*$7 ($3.50/child

Unpowered tent siteEach additional person

$15*$6

Powered site weekly (non permanent residents)

$125*

Unpowered site weekly $100*Powered site weekly (permanent residents#)

$105*

* Prices are per night and for 2 people unless otherwise stated.

# Permanent residents are those that reside at the caravan park for a continuous period of 28 days or more

Background:The Ayr and Home Hill pool fees have been set to be similar as both are 50m pools offering similar amenities and facilities.

Fees have been proposed by the managers of the pools and caravan parks to help cover the costs of operating the facilities and improving the services provided.

The Caravan Park fees will only be applicable from 1st January 2010 which will allow for advising tenants and advertising of the new fees.

Link to Corporate/Operational Plan:

N/A

Consultation:

Pool and park patrons have been advised by the managers that there will be increases in the costs of utilising the facilities.

Legal Authority or Implications: (statutory basis – eg Act, Local Law, legal risks)

Nil

Page 3 of 5

Policy Implications: Nil

Financial and Resource Implications:The proposed fee structures will allow for services at the facilities to be maintained and improved.

Report prepared by: Linda Govan, Coordinator Environmental Health

................................................................................

Report authorised by: Trevor Williams – Director of Environment & Operations

................................................................................

Page 4 of 5

Attachment 1

Proposed fees

Ayr Pool:

FeesDetails2008/2009 2009/2010

Adult $2.50 $3Child $1.50 $2Adult Session Pass (10 entries to pool)

$20 $25

Child Session Pass $13 $15Adult Annual Pass $180 $250Child Annual Pass $130 $150Family Sunday Pass $7.50

Pool Hire:Schools $40 $44 / hourPrivate functions after hours

$40 $66 / hour

Home Hill Pool:

FeesDetails2008/2009 2009/2010

Adult $2.50 $3Child $1.50 $2Adult Session Pass (10 entries to pool)

$20 $25

Child Session Pass $13 $15Adult Annual Pass $180 $200Child Annual Pass $130 $150

Burdekin Cascades Caravan Park:

Fees*Details2008/2009 2009/2010

CabinsEach additional person

$65$8

$70$10

Powered siteEach additional person

$20$5

$22$8

Unpowered tent siteEach additional person

$12$5

$15$5

Unpowered caravan siteEach additional person

$16.50$5

$18.50$5

Budget RoomSingle person

$50$35

$50$35

# Prices are per night and for 2 people unless otherwise stated.

Page 5 of 5

Home Hill Caravan Park:

Fees#Details

2008/2009 2009/2010CabinsEach additional person

$60$8

$62$8

Cabins (per week) $300 $310Powered site(caravan/tent)Each additional person

$20$7 ($3.50/child)

$22$7 ($3.50/child

Unpowered caravan siteEach additional person

$16.50$7 ($3.50/child)

$18$7 ($3.50/child

Unpowered tent siteEach additional person

$12$6

$15$6

Powered site weekly (non permanent residents)

$120 $125

Unpowered site weekly $99 $100Powered site weekly (permanent residents*)

$100 $105

# Prices are per night and for 2 people unless otherwise stated.* Permanent residents are those that reside at the caravan park for a

continuous period of 28 days or more

Mr D P Mulcahy - Director Corporate & Community Services

Report - Request to purchase land - Groper Creek Reserve - Mrs I Giles.

2. 918377 * 01-04-05D

Mr D P Mulcahy - Director Corporate & Community Services

Report - Request for donation - Food Relief NQ.

1. 918372 * 01-10-15

CORPORATE & COMMUNITY SERVICES

Burdekin Shire Council

Programme Category: Corporate and Community

Referring Letter Number: 899514 File Number: 1/10/15

SUBJECT HEADING: Request for Donation – Food Relief NQ

Name of Applicant: Food Relief North Queensland

Location: N/A

Author and Officer's Title: Dan Mulcahy, Director of Corporate and Community Services

Executive Summary: A letter has been received from Food Relief North Queensland requesting a donation of $1,000.

Officer's Recommendation: It is recommended that Food Relief North Queensland be advised that although their request is for a worthwhile purpose, the Council is unable to assist with funding as the request does not fall within the Council’s current scope for donations in the medical/welfare area which favours consideration of donations towards infrastructure.

Background: The letter of request for a donation is attached and is self explanatory.

Of relevance to the council is advice that last year Food Relief NQ delivered 180 hampers to the Burdekin region.

In the past the Council has supported the following donations in the medical/welfare area which have been focussed on infrastructure provision and have been seen to benefit Shire residents:

Gluyas Lodge, Townsville $5,000 p.a. for 3 yearsAustralian Red Cross Townsville Emergency Accommodation Centre and Blood Mobile

$5,000 p.a. for 3 years

Patient Support and Accommodation Centre, Leukaemia Foundation, Brisbane

$1,000

Family Accommodation Units, Childhood Cancer Support Inc., Brisbane

$1,000

Queensland Cancer Fund, dedicated 20 bed hospice and palliative care centre at Townsville Hospital

$1,000

Endeavour Pro Ability, rebuilding programme $1,000Burdekin Flexible Support Centre, respite accommodation facility

$5,000 p.a. for 3 years

Home Hill Ambulance, emergency support unit $2,500

2Request for Donation – Food relief NQ

Link to Corporate/Operational Plan: Strategic Element No 6 – Enhancing Community Lifestyle and Strengthening Our Community.

Consultation: Nil

Legal Authority or Implications: Nil

Policy Implications: Nil

Financial and Resource Implications: Nil

Report prepared by: Dan Mulcahy,

Director of Corporate and Community Services

8-10-2009

Burdekin Shire Council

Programme Category: Corporate and Community Services

Referring Letter Number: 891822 & 912242 File Number: 1/4/5D

SUBJECT HEADING: Request to Purchase Land – Groper Creek Reserve

Name of Applicant: Ms I. Giles

Location: Groper Creek

Author and Officer's Title: Mrs Janice Horan, Administrative Support Officer

Executive Summary: Ms Giles recently corresponded with council requesting to purchase land adjoining that owned by her in the Hilma Haven Group Title at Groper Creek.

Her request was considered by Council on 15 September 2009 (Clause 8) and approved subject to conditions. It was now been ascertained that the land required by Ms Giles is part of a road reserve, and not council freehold land. Therefore, Ms Giles will need to submit a road closure application to the Department of Environment and Resource Management.

Officer's Recommendation: That Council support an application by Ms Giles to the Department of Environment and Resource Management for a permanent road closure of part of Wilkie Way and Shand Avenue adjoining her property described as Lot 12 on GTP No 105372 at Groper Creek, subject to:

1. the land to be closed is to allow for a reasonable truncation; and2. the applicant is to be responsible for all costs associated with the

purchase including costs of the re-surveyed plan, alteration to Group Title Plan, and obtaining consents of other lot holders.

Background: Council, at its meeting held on 15 September 2009, considered a report from the Director of Corporate and Community Services (refer 912242) and recorded the following resolution:

Moved Cr. Loizou, seconded Cr Dalle Cort that the Council agrees in principle to the request from Mrs I Giles to purchase additional land adjacent to her lot at Groper Creek described as Lot 12 on Group Titles Plan No. 105372 subject to the following conditions:1. Approval of an application for exemption to comply with Section 491 of

the Local Government Act 1993 by the Minister in respect of the land transaction;

2. The land to be purchased is to allow for a reasonable truncation;3. The purchase price to be determined following advice from the Minister;

4. The purchaser to be responsible for costs of meeting conditions imposed by the Minister, if any; and

5. The purchaser is to be responsible for all costs associated with the purchase including costs of all the re-surveyed plan, alteration to Group Title Plan, and obtaining consents of other lot holders;

As advice, the applicant be requested to investigate the approval of any future building works on the lot in respect of existing or proposed new boundaries. Carried.

The resolution is based on the land in question being council owned freehold. This is incorrect. The land has been set aside as road reservation upon registration and lodgement of the group title plans.

Link to Corporate/Operational Plan N/A

Consultation (internal/external)Discussions with Ms Giles and Department of Environment and Resource Management.

Legal Authority or Implications Nil

Policy Implications Nil

Financial and Resource Implications Nil

Report prepared by: Ms Janice Horan, Administrative Support Officer

Report authorised by: Mr Dan Mulcahy, Director of Corporate and Community Services

Burdekin Shire Council

Programme Category: Administration and Finance

Referring Letter Number: 891822 File Number: 1/4/5D

SUBJECT HEADING: Request to Purchase Land – Groper Creek Group Title

Name of Applicant: Mrs. I. Giles

Location: Groper Creek

Author and Officer's Title: Dan Mulcahy, Director of Corporate and Community Services

Executive Summary: Mrs I. Giles has corresponded with council requesting to purchase land adjoining that owned by her in the Hilma Haven Group Title at Groper Creek.

Officer's Recommendation: That the Council agree in principle to the request from Mrs Giles to purchase additional land adjacent to her lot described as Lot 12 on Group Titles Plan No 105372 subject to the following conditions:

o Approval of an application for exemption to comply with Section 491 of the Local Government Act 1993 by the Minister in respect of the land transaction;

o The land to be purchased is to allow for a reasonable truncation;o The purchase price to be determined following advice from the

Minister;o The purchaser to be responsible for costs of meeting conditions

imposed by the Minister, if any; ando The purchaser is to be responsible for all costs associated with the

purchase including costs of the re-surveyed plan, alteration to Group Title Plan, and obtaining consents of other lot holders;

As advice, the applicant be requested to investigate the approval of any future building works on the lot in respect of existing or proposed new boundaries.

Background: As part of the formalisation of occupancy of land at Groper Creek by hut owners, Group Titles were surveyed encompassing the existing improvements and land.

Survey and identification of boundaries was an important part of this process.

On 12 October, 1995 Council resolved as follows:

2Report on Request to Purchase Land at Groper Creek Group Title – Mrs I. Giles

“that in order to provide guidance to the surveyor, to avoid unnecessary increases in surveying costs and to expedite the plan preparation, each hut owner is to advise in writing of their desire to increase their existing lot size and/or add to the common area. Once this advice is received and accepted by the council it will be deemed final and fixed and no other alteration will be made to the plan.”

Council engaged J.G. Beresford, Consulting Surveyors to prepare a preliminary identification survey of the area, including boundaries and strategic improvements to enable further refinement of the Group Title Plan.

As part of the consultation and agreement on the boundaries of the Group Title Plans, an option was provided to the then hut owners to extend or add onto the surveyor’s suggested boundaries. These extensions were generally minor additions to the rear or side of the huts. Following this consultation the final boundaries were established and surveyed. The Group Title Plan was registered on 29 January, 1997.

Mrs. Giles block, which is Lot 12 is located at the end of the Group Title and is effectively a corner block. Lot 12 was originally 167 square metres in area. This was reduced to 149 square metres.

Attached is a copy of a letter dated 18 March 1996 from J. G. Beresford, Consulting Surveyors indicating that the owner at the time, Mr. G.I. Giles had requested that the area used by road be dedicated as road.

Mr. G.I. Giles was the father of Mrs. Giles. Mrs Giles has indicated verbally that her father had requested a truncation but not to the extent as surveyed. She further advised that if she knew what was happening with the boundary adjustment, she would have objected at the time and proceeded with the original area.

Mrs Giles considers that a truncation of the corner is reasonable but not to the extent as surveyed. If a normal truncation was surveyed, the additional area to add back to Mrs Giles lot would be approximately 40 square metres.

Mrs Giles has indicated she wishes to build a verandah onto the back of her house.

Precedent

Council has considered 2 applications in the past, details of which are listed below:

Date Lot No. Land Requested

21/6/2006 42 Equivalent to 1 x extra lot14/8/2007 35 Equivalent to 1.5 x extra lot

Both applications were refused on the following grounds:

o The proposal could contribute to the built environment which may be detrimental to the amenity of the area;

3Report on Request to Purchase Land at Groper Creek Group Title – Mrs I. Giles

o The proposal would create an undesirable precedent.

It is pointed out that both applications were for substantial additional areas and not a minor adjustment as requested in the current application

Case For Sale

Council will gain revenue from the sale (minimal revenue in this case). The size and dimensions of the proposed parcel would only benefit Mrs

Giles, suggesting a requirement for a Ministers exemption to avoid compliance with the Public Auction or Tender process.

If Council were to approve the proposed purchase the following conditions should be imposed:o The purchaser to be responsible for costs of a valuation of the land;o The purchaser is to be responsible for all costs associated with the

purchase including costs of the re-surveyed plan, alteration to Group Title Plan, and obtaining consents of other lot holders;

Case Against Sale

The subject land is located adjacent a road way. A direct sale to Mrs Giles would require preparation of an application for

approval of the Minister to avoid compliance with a Public Auction or Tender process.

May create a precedent for other requests. Perusal of the area plan attached indicates that there is only a small number of land owners that may be able to extend their areas.

Any further building work may contribute to the built environment which may be detrimental to the amenity of the area, i.e. add to the “built in” look currently in the area and reduce open space availability.

Original Purchase Price

The land was originally sold for $22-50/square metre in 1996. Adjusting this price by Brisbane CPI from June 1996 to June 2009 equates to $32-10/square metre.

It is to be noted that a valuation may be required as a condition of the Ministers approval.

Conclusion

It would appear that Mrs Giles has reasonable grounds to request a minor variation to the boundaries of her lot and that the precedents are not totally applicable to her circumstances. Link to Corporate/Operational Plan: N/A

Consultation: Discussions with Mrs Giles.

4Report on Request to Purchase Land at Groper Creek Group Title – Mrs I. Giles

Legal Authority or Implications: Sale of land requires compliance with the Local Government Act – Public Auction or Tender or Ministers exemption(refer Sections 491 & 492).

Policy Implications: Precedent implications for other requests in the area.

Financial and Resource Implications: Staff time to deal with the application and possible sale. If sale proceeds revenue should be generated.

GroperCreek.pdf (197 KB)

Report prepared by: Dan Mulcahy,

Director of Corporate and Community Services

9/9/09

Department of Infrastructure and Planning - Queensland Government

Improvement strategy for improving swimming pool safety.

7. 917385 * MF-11 & 01-05-03

Hon Desley Boyle MP - Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships

All Councils to implement Asset Management Plans by December 2010.

3. 916516 * MF-11 & 02-02-05

Arts Queensland - Department of Education Training and the Arts

Local Government Arts and Culture Reference Group - invitation to apply for membership - expressions of interest close 16th October, 2009.

2. 915706 * 03-08-05

Katie Pirrone

Request for support from Katie Pirrone to attend YMCA Queensland Youth Parliament in Brisbane from 27th September to 3rd October 2009.

1. 915543 * 03-08-20

Hon Annastacia Palaszczuk MP - Minister for Disability Services and Multicultural Affairs

Information regarding the Guide, Hearing and Assistance Dogs Act 2009 which commenced on 1 July 2009.

6. 916972 * 01-08-01

LifeLine - North Queensland

Lifeline's new environmental initiative - 'Throw the Environment a Lifeline'.

5. 916538 * 12-01-02 & 03-08-45 & MF-15 & MF-26

The North Queensland Small Business Development Centre

Request for Council to confirm funding agreement of $10,000 each year to assist with small business mentoring services in the area.

4. 916517 * 03-08-11B & MF-17

CORRESPONDENCE FOR INFORMATION

Department of Infrastructure and Planning - Townsville

Model Local Laws gazetted on Friday 2 October, 2009.

12. 918209 * 01-08-06

Local Government Association of Queensland Inc - LGAQ

Roads Alliance Progress Report 2008-2009.

13. 918414 * MF-36 & 06-09-02C

Hon Tim Mulherin MP - Minister for Primary Industries and Fisheries

Invitation to continue to contribute to the development of a biosecurity system for Queensland.

14. 918415 * 12-01-02 & MF-15

Burdekin Neighbourhood Centre Association Inc

Invitation to attend the Burdekin Neighbourhood Centre Association's Annual General Meeting - 28 October 2009.

11. 918152 * 03-08-45

Hon Maxine McKew MP - Parliamentary Secretary for Infrastructure, Transport, Regional Development and Local Government

Thank you letter for work to date in implementing the Regional and Local Community Infrastructure Program.

8. 917387 * 03-08-11G

Diabetes Australia - Queensland

Support for World Diabetes Day - 14 November 2009.

9. 917574 * 03-08-29

Museum of Tropical Queensland - Queensland Museum

Museum of Tropical Queensland community pass update.

10. 918145 * 01-11-03B

From: Holt, Ken [[email protected]]Sent: Thursday, 24 September 2009 7:18:30 PMTo: Email RegistrationSubject: FW: ATTN CEOs - Local Government Arts and Culture Reference Group

  Ken HoltChief Executive OfficerBurdekin Shire Council  07 47839811 07 47839999  PO Box 974  Ayr  Q  4807  www.burdekin.qld.gov.au  [email protected]

Please consider the environment and refrain from printing this mail note... thanks 

From: Djanisa Aleman [mailto:[email protected]] On Behalf Of Shane RowlandsSent: Thursday, 24 September 2009 17:18Cc: Iona Cominos; Shane Rowlands; Djanisa AlemanSubject: ATTN CEOs - Local Government Arts and Culture Reference Group  Dear CEOs Arts Queensland is establishing a Local Government Arts and Culture Reference Group (LGACRG) and would like to invite interested senior council officers and councillors to apply for membership. Expressions of interest close on Friday 16 October.  In 2008 Arts Queensland undertook an evaluation of the Queensland Arts Industry Sector Development Plan 2007-09, and received clear feedback about the need for stronger strategic partnerships between state and local government for the development of arts and culture across Queensland. The idea of establishing the LGACRG was tested in further consultation undertaken in 2009 to inform development of the Regional Arts and Culture Strategy (to be released later this year), and received strong support from all stakeholder groups including local councils.  In summary, the main role of the LGACRG will be to strengthen relationships between state and local government to effectively position arts and culture, improve advocacy, inform policy, identify strategic priorities and partnership opportunities, and discuss emerging trends and issues in arts and cultural development.  The group will be jointly chaired by Arts Queensland and the Local Government Association of Queensland, with membership invited from the Department of Local Government and up to 15 senior officers and councillors from local councils. The group will meet twice yearly. Further information, including the draft Terms of Reference and Expression of Interest form, is available on the Arts Queensland website at http://www.arts.qld.gov.au/policy/sectordevplans.html Should you have any questions, please contact Iona Cominos, Principal Arts Strategy Coordinator at [email protected] or on (07) 3224 5115.  We look forward to continuing to work with you and your council in the development of arts and culture over the coming years.

 Regards, Shane RowlandsExecutive Director, Arts Strategy CoordinationArts Queensland l Level 16, 111 George St t: 3224 6921 l 0407 933 191e: [email protected]   

 

 ************************** ARTS QLD DISCLAIMER **************************This message (including attachments) is intended for the addressee named above. It may also be confidential, privileged and/or subject to copyright. If you wish to forward this message to others, you must first obtain the permission of the author. If you are not the addressee named above, you must not disseminate, copy, communicate or otherwise use or take any action in reliance on this message. You understand that any privilege or confidentiality attached to this message is not waived, lost or destroyed because you have received this message in error. If you have received this message in error please notify the sender and delete from any computer. Unless explicitly attributed, the opinions expressed in this message do not necessarily represent the official position or opinions of Arts Queensland. Whilst all care has been taken, Arts Queensland disclaims all liability for loss or damage to person or property arising from this message being infected by computer virus or other contamination.************************** ARTS QLD DISCLAIMER **************************

From: Diabetes Australia - Queensland [[email protected]]Sent: Friday, 2 October 2009 4:49:52 PMTo: Diabetes Australia - QueenslandSubject: World Diabetes Day Nov 14

Dear Council!

 Bring diabetes to light and show your support on World Diabetes Day November 14

This November we are lighting Queensland blue to raise awareness of diabetes. We are seeking your

Council’s support to get involved and  to light up a well known landmark or monument in your region in blue to

mark World Diabetes Day on November 14.

 As you may be aware, diabetes is growing at an epidemic rate across Queensland, with more than 50

Queenslanders  diagnosed with diabetes every day. Already more than 250,000 Queenslanders have the

condition and a staggering two million Queensland adults are at increased risk of diabetes, of which 300 are

deemed high risk.

 Not many people think diabetes is serious. Yet worldwide, diabetes is a leading cause of blindness, kidney

failure, heart attack, stroke and amputation. The number of people living with diabetes has increased

considerably over the past 30 years. In 1985, an estimated 30 million people worldwide had diabetes. Today,

the figure exceeds 250 million and it is set to reach 380 million by 2025.

 Last year hundreds of iconic landmarks and buildings were lit blue to mark World Diabetes Day around the

world. In fact, a staggering 1107 monuments were lit in blue, including 23 in Queensland. This year we hope

to encourage more iconic buildings and monuments to light up and invite your organisation to take part.

We realise for some organisations lighting up their building is not practical or feasible. However there are

other ways to be involved with World Diabetes Day:

 Hold a ‘Blue Do’ - Organisations are encouraged to hold a ‘Blue Do’ on World Diabetes Day Eve, Friday 

November 13. Register your participation online at www.diabetesqld.org.au or by phone, then encourage your

club, school or workplace to wear something blue and make a donation.

 Host a community awareness event -You might choose to run your own event, or support an existing

community event. Not only does it help the organisation raise valuable funds, it also helps raise awareness

about diabetes.

Typical activities include walks, cycle rides, or exhibitions. Contact us to discuss your idea and register your

event.

 Raise funds for diabetes- Organisations can also help Diabetes Australia – Queensland fundraise by selling

pins or raffle tickets.  All funds raised will go towards assisting people with diabetes better manage their

condition.

Your involvement can be as big or as small as you’d like, you can combine a number of fundraising activities

or just make a donation.

 If you’d like more information contact us on 1300 136 588 or log onto our website at www.diabetesqld.org.au

We hope you will join the campaign and look forward to your reply.

 Yours sincerely,

Meryn Cooper

Media and Public Relations Advisor

Diabetes Australia – Queensland

[email protected]

(07) 3506 0996

 

From: Karen Taylor [[email protected]]Sent: Tuesday, 6 October 2009 4:12:33 PMTo: NQ CEOs Townsville; NQ CEOs MackayCC: NQ LGSubject: Model Local Laws

Good Afternoon, FYI, the Model Local Laws were gazetted on Friday, 2 October 2009 (refer to attachment) and will be available on the Department of Infrastructure and Planning's website later this week. In addition, the Department is currently determining the nature and level of support and advisory services that will be provided to local governments regarding the Model Local Laws. This is still a work in progress at the moment. However, I will keep you advised on any further developments in this area. RegardsKym SeebohmActing Regional Director Northern Region   _____________________________________________________

Karen TaylorRegional Executive Officer Northern RegionLocal Government and Service Delivery GroupDepartment of Infrastructure and PlanningQueensland Government tel     (07) 4799 7376 (ext 37376)m      0428 986 925post   PO Box 5488 Townsville Qld  4810visit    3-6 Redpath Street North [email protected] 

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