council meeting agenda 4 february 2015

Ordinary Meeting

Council Chambers Date: 4 February 2015

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 04 FEBRUARY 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 04 February 2015

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING DEPUTATIONS AND DELEGATIONS CORPORATE AND COMMUNITY SERVICES ............................................................................... 5

REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 Application for Purchase of Unallocated State Land - Lot 489 on CP850053,

Parish of Tinaroo ...................................................................................................... 5

ITEM-2 Application for Conversion of Term Lease to Freehold - Lot 470 on HG650, Parish of Masterton ................................................................................................ 13

ITEM-3 Application for Conversion of Term Lease to Freehold - Lot 200 on SP108025, Parish of Formartine ............................................................................................... 19

ITEM-4 Application for Conversion of Pastoral Lease to Freehold - Lot 4513 on PH1727, Parish of Cudgee ..................................................................................... 27

FINANCE .................................................................................................................................. 35 ITEM-5 Realignment of Boundaries .................................................................................... 35

ITEM-6 Speewah Digital TV Levy ....................................................................................... 41

GOVERNANCE AND COMPLIANCE ........................................................................................ 43 ITEM-7 Operational Plan Quarterly Assessment December 2014 ....................................... 43

ITEM-8 Development and Governance Quarterly Report .................................................... 53

INFRASTRUCTURE SERVICES .................................................................................................. 65

TECHNICAL SERVICES ........................................................................................................... 65 ITEM-9 Improvement of Tenure - Lot 481 on CP896893 and Lot 447 on NR5117 -

Cobra Road, Mareeba ............................................................................................ 65

CHIEF EXECUTIVE OFFICER ..................................................................................................... 73

PETITION .................................................................................................................................. 73 ITEM-10 Anzac Avenue and Herberton Street Petition .................................................... 73

BUSINESS WITHOUT NOTICE .................................................................................................... 79

NEXT MEETING OF COUNCIL .................................................................................................... 79


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 APPLICATION FOR PURCHASE OF UNALLOCATED STATE LAND - LOT 489 ON CP850053, PARISH OF TINAROO

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 4 February 2015

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the purchase of unallocated state land described as Lot 489 on CP850053, Parish of Tinaroo, situated at Bowers Street, Mareeba. The subject land is currently used in conjunction with the earthmoving and raw materials business established on adjoining Lot 374 on SP137296. It is proposed that this use continue if the land is purchased. DNRM seeks Council's views on the proposed land purchase and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

OFFICER'S RECOMMENDATION

"That Council offer no objection to the purchase of unallocated state land described as Lot 489 on CP850053, Parish of Tinaroo, and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the purchase of unallocated state land described as Lot 489 on CP850053. Lot 489 has an area of approximately 10,700 square metres and is located on Bowers Street (the entrance to the Mareeba Industrial Park), immediately to the west of Tableland Earthmoving and Raw Materials depot. The land is currently used in conjunction with the adjoining earthmoving and raw materials business. There are no improvements on the subject land.


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



DNRM seeks Council's views on the proposed land purchase and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Nil External Nil

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

The land is zoned Noxious, Offensive and Hazardous Industry under the Mareeba Shire Planning Scheme 2004. The future redevelopment of the subject land for an industrial purpose is highly likely and would be consistent with the present zoning. In the interim, there is no objection to the continuation of the informal use in conjunction with the adjoining earthmoving and raw materials business. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil


IMPLEMENTATION/COMMUNICATION

The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter of 22 January 2015 Date Prepared: 22 January 2015


ATTACHMENT 1


ITEM-2 APPLICATION FOR CONVERSION OF TERM LEASE TO FREEHOLD - LOT 470 ON HG650, PARISH OF MASTERTON


MEETING: Ordinary



EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of Term Lease 215469 over land described as Lot 470 on HG650, Parish of Masterton to freehold. Should the conversion be successful, it is proposed that the existing 'rural residential' (rural living) purpose continue. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the conversion to freehold of the term lease over land described as Lot 470 on HG650, Parish of Masterton and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Term Lease 215469 over land described as Lot 470 on HG650, Parish of Masterton. The subject land has an area of 251 hectares and is located on Boonmoo Road approximately 7 kilometres south-west of the Dimbulah township. The land is currently used for rural living purposes and is improved by a dwelling house, numerous sheds and a large dam. It is expected that the current use will continue if the conversion is successful. The majority of the land remains vegetated. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.



Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for 'rural residential' (rural living) purposes. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.



Nil




ATTACHMENTS



ATTACHMENT 1


ITEM-3 APPLICATION FOR CONVERSION OF TERM LEASE TO FREEHOLD - LOT 200 ON SP108025, PARISH OF FORMARTINE


MEETING: Ordinary



EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of Term Lease TL211633 over land described as Lot 200 on SP108025, Parish of Formartine to freehold. Should the conversion be successful, it is proposed that the land be used for grazing purposes. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the conversion to freehold of the term lease over land described as Lot 200 on SP108025, Parish of Formartine and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Term Lease TL211633 over land described as Lot 200 on SP108025, Parish of Formartine. The subject land has an area of 45.34 hectares and is located on Hume Road approximately 2 kilometres north-west of the Biboohra township. The land is currently used for grazing purposes and it is expected that this use will continue if the conversion is successful. The land remains vegetated and apart from a 1 hectare dam, there are no notable improvements on the land. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.



Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.



Nil




ATTACHMENTS



ATTACHMENT 1


ITEM-4 APPLICATION FOR CONVERSION OF PASTORAL LEASE TO FREEHOLD - LOT 4513 ON PH1727, PARISH OF CUDGEE


MEETING: Ordinary



EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of Pastoral Holding PH4513 over land described as Lot 4513 on PH1727, Parish of Cudgee to freehold. Should the conversion be successful, it is expected that the land would be used for grazing purposes. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the conversion to freehold of Pastoral Holding PH4513 over land described as Lot 4513 on PH1727, Parish of Cudgee and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Pastoral Holding PH4513 over land described as Lot 4513 on PH1727, Parish of Cudgee. The subject land has an area of 9,790 hectares and is centred around the locality of Font Hill, approximately 9 kilometres west of Mount Molloy. The land has extensive frontage to the southern bank of the Mitchell River and remains heavily vegetated. The land is accessed via Bakers Road. The land is used for grazing purposes and infrastructure to facilitate this use is found throughout. There are no known buildings established on the subject land. Should the conversion application be successful, it is proposed that the land continue to be used for cattle grazing purposes.


DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. Council officers have no knowledge of any non-indigenous cultural heritage values associated with the subject land.



Nil



ATTACHMENTS



ATTACHMENT 1


FINANCE

ITEM-5 REALIGNMENT OF BOUNDARIES DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Mareeba Shire Council and Tablelands Regional Council have been contacted by a number of ratepayers whose properties are dissected by the boundary line between the two local government areas since de-amalgamation. The owners are concerned about the additional financial hardship this causes by duplication of levies and the impact of minimum general rates in some circumstances. Some of the owners have requested the Councils undertake a review to find a more equitable way to levy the rates in these circumstances.


"That Council work with Tablelands Regional Council and jointly apply to the Minister for Local Government Community Resilience and Recovery for a boundary realignment:

i. Fully to Tablelands Regional Council local government area lots:

a. 2 on RP868846 b. 9 on GU44 c. 1 on RP845179 d. 8 on GU42 e. 4 on SP248416 f. 3 on RP845178 g. 154 on OL32 h. 137 on OL31

ii. Fully to Mareeba Shire Council local government area lot:

a. 250 on SP116768."

BACKGROUND

Mareeba Shire Council (MSC) and Tablelands Regional Council (TRC) have been contacted by a number of ratepayers whose properties are dissected by the boundary line between the two local government areas since de-amalgamation. The owners are concerned about the additional financial hardship this causes by duplication of levies and the impact of minimum general rates in some circumstances. Some of the owners have requested the Councils undertake a review to find a more equitable way to levy the rates in these circumstances.


At the ordinary meeting held on 3 December 2014, Council resolved: "That Council: 1. … 4. In consultation with Tablelands Regional Council, apply to the Minster for boundary re-alignment based on property boundaries." Minister Crisafulli wrote to the Mayor on 24 September 2014 (included in noted correspondence 2/10/2015) and advised that any voluntary changes to electoral arrangements must be submitted to him by 1 March 2015. A change to a Local Government must be made by a recommendation from the Change Commission to the Governor in Council. Only the Local Government Minister may propose a change to the Change Commission. The decision of the Change Commission under this division of the LGA is not subject to appeal. Section 17(2)(a) of the Local Government Act 2009 (LGA) lists "the boundaries of a local government area" as one of the changes that may be made under Part 3 of the LGA. Staff of both Councils met in early January to discuss the way forward. On review of the properties over the boundaries there are a number of properties where the majority of the land area is in one local government with a small proportion in the other local government area. On this basis it is recommended that the Council apply to the Minister jointly with Tablelands Regional Council for these properties to be fully within the boundaries of the Local Government that contains the majority area. These are:

1. Fully to Tablelands Regional Council

Lot on Plan Owner Address TRC Ha MSC Ha

Lot 2 RP868846

Cowe "Granite Springs"

Kennedy Hwy Minnamoolka

3,092.96 73.11

Lot 9 GU44 Nastess Kennedy Hwy Minnamoolka

456.1 36.3

Lot 1 RP845179 Henry "Sugar Bag"

Kennedy Hwy Mt Garnet

22,720 40.15

Lot 8 GU42 Atkinson R & N "Pinnarendi"

Kennedy Hwy Minnamoolka

1,498.8 72.2

Lot 4 SP248416 Atkinson T "Minnamoolka"

Kennedy Hwy Mt Garnet

16,523.77 46.23

Lot 3 RP845178 Santarossa Kennedy Hwy Gunnawarra

1,000 762

Lot 154 OL32 O'Shea Kennedy Hwy Gunnawarra

5,200 3,800

Lot 137 OL31 Scott Gingerella Rd Mt Garnet

4,430 6,470


2. Fully to Mareeba Shire Council

Lot on Plan Owner Address TRC Ha MSC Ha

Lot 250 SP116768

Matthews "Blue Range"

Kennedy Hwy Gunnawarra

540 48,260

The transfer of land for this reason is not subject to State tax under the Duties Act 2001.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Director Corporate and Community Services Rates Co-ordinator/Technical Officer Chief Executive Officer External Carol Trost - Executive Manager Finance (TRC) Victor Maccarone - Acting Executive Manager Finance (TRC) Janice Barkworth - Financial Accountant (TRC) Deborah Paradise & Allie McGregor - Acting Supervisor Rates (TRC Rates and Revenue Officer) Matthew Hyde - Deputy CEO (TRC) Ian Church - CEO (TRC)


The recommendation conforms with the legislative requirements under the Local Government Act 2009, Local Government Regulation 2012 and the Local Government Electoral Act 2011.

POLICY IMPLICATIONS

Nil


Capital Nil Operating Loss of rates revenue of approximately $10,900 Is the expenditure noted above included in the 2014/2015 budget?

Nil



Following Councils resolution on the matter the writer will confirm the resolution and provide a copy of the Council report to each affected landholder.

ATTACHMENTS

1. Map of proposed boundary change Date Prepared: 22/01/2015


ATTACHMENT 1


ITEM-6 SPEEWAH DIGITAL TV LEVY DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

The purpose of this report is to request Council approve the exemption of five properties in the Speewah Digital TV Benefited Area that do not receive any benefit from the TV transmitter.


"That Council exempt the following five properties from the Speewah Digital TV Benefited Area charge from 1 July 2014;

1. Lot 64 RP 731085 2. Lot 60 RP 731085 3. Lot 54 RP 738468 4. Lot 50 RP 738468 5. Lot 3 SP 218099."

BACKGROUND

As part of the 2014/15 budget adopted on 2 July 2014, a Special Charge for the Speewah Digital TV Benefited Area was created for a period of two years. This annual special charge of $43.10 was levied on rateable properties that fell within this area for the purpose of funding the digital TV upgrade. 329 properties were levied, based on the same properties that were charged two years ago. 22 complaints were received from ratepayers who advised they receive no signal from the tower or the quality of the reception. Council's Facilities Officers have been in regular discussions with local Bob Madden and NCOM regarding the reception issues. On 17 December 2014, Tableland Antenna Services checked the reception from the roadside for the 22 properties that had complained. From this, it was identified that five properties did not receive any signal at all. The remaining properties did receive signal, however the quality of the channels (apart from Channel 10) were not of a standard quality. NBN is in the process of putting up a new 60 metre tower which may correct some of the reception issues.




CONSULTATION

Internal Director Corporate and Community Services Rates Co-ordinator/Technical Officer Facilities Officer External NCOM Bob Madden Tableland Antenna Services


Nil

POLICY IMPLICATIONS

Nil



Nil


The five (5) properties will be refunded and exempt from future charges until such time they are able to receive signal.

ATTACHMENTS

1. Nil Date Prepared: 21/01/2015


GOVERNANCE AND COMPLIANCE

ITEM-7 OPERATIONAL PLAN QUARTERLY ASSESSMENT DECEMBER 2014

MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate & Community Services

EXECUTIVE SUMMARY

In accordance with section 174(3) of the Local Government Regulation 2012, the Chief Executive Officer must present a written assessment of the local government's progress towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months. The attached report provides advice on progress in implementing the 2014/15 Operational Plan for the October to December 2014 quarter.


"That Council receive and note the progress report on implementation of the 2014/15 Operational Plan for the October to December 2014 quarter."

BACKGROUND

The Local Government Regulation 2012 provides that a local government must prepare and adopt an annual operational plan for each year. The Operational Plan is a statement of specific works to be undertaken and services to be provided in order to progress the goals and objectives set out in a Council's Corporate Plan over a period of one year. The Chief Executive Officer must present a written assessment of the local government's progress towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months. The 2014/15 Operational Plan was adopted by Council at its meeting held on 2 July 2014. The attached document provides a progress report on what action has been taken up to and including the October to December 2014 quarter with respect to the items and projects listed in the Operational Plan.



The Operational Plan details those items or projects that can be carried out within a 12 month budget period to progress the goals and objectives set out in the Council's Corporate Plan and is therefore relevant to all strategies contained within the Corporate Plan.

CONSULTATION

Internal Director Corporate & Community Services Director Infrastructure Services All Managers External Nil


It is a statutory requirement for an assessment of progress in implementing the Operational Plan to be presented to Council at least on a quarterly basis.

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil

ATTACHMENTS

1. Operational Plan 2014/15 - Quarterly Assessment - 31 December 2014. Date Prepared: 23 January 2015


ITEM-8 DEVELOPMENT AND GOVERNANCE QUARTERLY REPORT


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Development and Governance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

This report presents the key activities and achievements of the Development and Governance Group for the October - December 2014 quarter.


"That Council receive and note the quarterly report of the Development and Governance Group for October to December 2014."

BACKGROUND

The Development and Governance Group is comprised of the following Council service areas: Governance and Compliance Building and Plumbing Regional Land Use Planning Local Laws and Environmental Health

Highlights and Significant Issues Nil

Governance and Compliance Some of the main issues dealt with by the Governance and Compliance section during the quarter were as follows:

Taking over of responsibility for Land & Lease Management, Mareeba Aerodrome and Mareeba Industrial Park. A number of issues have been progressed including: Chillagoe Industrial Estate lease enquiries and possible sale of lots in the Estate; Mareeba Industrial Park lease enquiries, reconfiguration and sale of larger lots, and advertising signage; Mareeba Aerodrome lease enquiries and follow up with lessees re compliance with lease requirements; Mareeba Markets - finalisation of set of conditions for continued operation at Centenary Park.

Assisting with preparation of submissions to the Community Cabinet Meeting held in Mareeba on 30 November 2014.


In conjunction with preparation of first report to the newly established Audit Committee, commenced review of Council's Risk Register and Risk Treatment Plans by providing hard copies of relevant documents to all Managers. Intention is to review the current Risk Register at Manager level and allocate responsibility for management of identified risks. This will be progressed during first quarter of 2015.

Organised first meeting of the Public Health & Environment Sub-Group of the LDMG and participated in in-house Disaster Management training.

Complaints Management Governance related matters and the ability to adequately deal with them in a timely manner, have in recent months, been significantly impacted by the inclusion of land and lease responsibilities as a consequence of the departure of the Senior Land and Facilities Officer through voluntary redundancy in October 2014. The quantum of time critical and resource intensive matters within Land and Lease is still being realised as more information is becoming known. The inclusion of these extra responsibilities within the area of Governance has caused a substantial diminishment in the ability of existing staff resources to meet policy obligations for matters relating to complaints. The figures shown in the table below give an indication of the impact of the increased Land and Lease workload on the ability to process and complete complaint related matters. Complaints Management Details of complaints received/processed during the quarter ending 31 December 2014 are displayed in the table below:

Building and Plumbing Building Approvals

The local construction industry saw a rise in activity 2014 over 2013 with a total of 402

building approvals issued which included 304 Council approvals and 98 Private Certification

approvals. The total value of all building approvals for the year 2014 was $49,753,939.35

compared to $36,530,213.92 in 2013 (a 35% increase in value of building works on the

previous year's figures).

This total increase in value of building work is due to a greater than average number of

dwelling constructions in 2014 of 161, which is an increase of 51 units over 2013. The

Building and Plumbing department statistics for 2014 also include:

1,261 inspections across the shire

About 35,000 sheets of paper scanned to produce 4,500 digital records, and

An average process time for all approvals of five days.

Complaints carried over from previous period (July to September 2014) 14

Complaints lodged during reporting period (October to December 2014)

8

Complaints finalised during reporting period (October to December 2014)

1

Complaints still in process (not finalised) during reporting period (October to December 2014)

21


Show Cause Notices

Unfortunately, enforcement action by the Building and Plumbing Department also increased

in 2014 to 1 Enforcement Notice and 19 Show Cause Notices issued. This is about a

threefold growth in notices issued over 2013.

Construction Industry Summary for October-December quarter:

Approvals

The last quarter for 2014 saw a total of 119 building approvals issued which included 93

Council approvals and 26 Private Certification approvals. The total value of all building

approvals was $13,882,271.10.

Dwellings

Dwelling approvals continued to strengthen in this quarter, with 44 approvals in total. This is

an increased 17 units when compared to 2013 October-December quarter figures.

Value of Approvals

The total value of building approvals for the October-December quarter shows an increase of

approximately $3.2 M compared to the previous year (total of $13,882,271.10 for the

quarter). These building statistics again reflect greater than average dwelling construction in

the Mareeba township.


Regional Land Use Planning New Development Applications Seventeen development applications were lodged in the December quarter 2014 compared to sixteen lodged in the December quarter 2013. Total number of applications lodged during the whole of 2014 was 73. Development Applications received/approved during quarter:

Local Laws and Environmental Health Environmental Health The Environmental Health section responded to a total of 77 enquiries, complaints and service requests for the quarter relating to the following matters:

New Development Applications lodged 17

Decision Notices issued under delegated authority 12

Negotiated Decision Notices issued under delegated authority Nil

Decision Notices issued (from Council Minutes) 11

Negotiated Decision Notices issued (from Council Minutes) Nil

Extensions to relevant period issued 3

Change to existing Development Approval issued 1

Building Work approvals issued under delegated authority 2

Survey Plans endorsed 10

Notices issued under SPA Nil

Planning Appeals and other Court proceedings Nil

Food Business Enquiry 27

General Service Requests 4

Health 5

Nuisances (air, water, noise) 24

Local Laws (Environmental Health) 7

Public Health 5

Food Complaint 3

Environmental Management 2


Notices Issued, Inspections Carried Out, Applications Processed Environmental Health Local Laws Local Laws Local Laws Officers dealt with a total of 390 complaints and enquiries during the quarter relating to the following matters Impoundments A total of 126 animals were impounded: 5.2% of impounded cats were claimed by their owners 14.3% of impounded cats were handed over to FOTA 80% of impounded cats were euthanized 43.9% of impounded dogs were claimed by their owners 22% of impounded dogs were handed over to FOTA 34.1% of impounded dogs were euthanized

Licensed premises inspected 25

New Food applications 9

Compliance Notice 0

Penalty Infringement Notices Issued 53

Warning Letters issued 35

Compliance Notices issued 65

Animals enquiries - Dangerous dogs, noise, stray, traps, too many,

321

General Enquiries 13

Abandoned vehicles, Illegal Signs, Illegal Camping

34

Overgrown allotments, roads 2

Nuisances (backyard burning) 8

Parking 7

Temporary Entertainment Event 0

Commercial Use of roads, parks enquiries

5

Cats 77

Dogs 41

Other 8



GOV 5 - Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective work practices and systems ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED principles in town centres and commercial developments ENV 3 - Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions

CONSULTATION

Senior Planner Senior Building & Plumbing Officer Coordinator Environmental Health & Local Laws Governance & Compliance Adviser


Nil

POLICY IMPLICATIONS

Nil


Nil


Relevant information to be publicised in media. ATTACHMENTS Nil Date Prepared: 27/01/2015


INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-9 IMPROVEMENT OF TENURE - LOT 481 ON CP896893 AND LOT 447 ON NR5117 - COBRA ROAD, MAREEBA


MEETING: Ordinary


REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT: Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY

There is a current grazing lease over property on Cobra Road, Mareeba which is due to expire on 31 March 2018.

The underlying tenure of the subject land is a Gravel Reserve. In previous tenure dealings, Council has required a lease condition protecting Council's access to the gravel resource. The Department of Natural Resources and Water has advised the Lessees that the tenure of the subject land cannot be changed whilst this condition is in place.

As gravel has not been extracted from this site for approximately five (5) years, the Lessees are requesting Council's advice on future extraction requirements. Should Council not intend to extract gravel from the property in the future, then the Lessees are requesting Council consider having this condition removed so that they are able to improve the tenure over the land.


"That Council agree with the removal of Condition J12 from the Term Lease TL 0/209991 situated on Cobra Road, Mareeba as gravel is no longer extracted from this location and is not required in the future."

BACKGROUND

Land described as Lot 481 on CP896893 and Lot 447 on NR5117, Parish of Tinaroo, situated on Cobra Road, Mareeba has previously been used by Council for the purpose of gravel extraction.

There is a current Term Lease TL 0/209991 for grazing purposes over both allotments. The lease is not due to expire until 31 March 2018.

The underlying tenure of the subject land is Reserve 1575 being a Gravel Reserve. In previous tenure dealings, Council has required a lease condition protecting Council's access to the gravel resource. The current term lease includes the following Condition J12:


J12 The lessee shall hold the leased land so that the same may be used

without undue interruption or obstruction for the purpose of gravel extraction with Mareeba Shire Council as trustee which is the purpose for which it was dedicated, in particular and without limiting the generality of this condition; so that all the relevant duties and functions in terms of the Land Act 1994, may be performed and carried out.

The Lessees requested Council in October 2007 to have this condition removed so that they would be able to improve the tenure over the land. Council considered the request at its General Meeting of 6 November 2007, where it resolved not to remove this condition as gravel was still to be extracted from this location. The Department of Natural Resources and Water has advised the Lessees that the tenure of the subject land cannot be changed whilst Condition J12 remains. As gravel has not been extracted for approximately five (5) years, the Lessees have again contacted Council seeking advice on current and future extraction needs and requests that Council agree to the removal of Condition J12. As extraction of suitable gravel material from this site has been exhausted, Council has no further use for this site and therefore does not require the inclusion of Condition J12 within the lease agreement. A site inspection of the borrow pits was undertaken with the Lessees and Council Environmental and Engineering staff to establish the extent of possible pit rehabilitation required. This inspection revealed that due to the time elapsed since the last gravel extraction was carried out, the sites have naturally rehabilitated and minimal remedial works are required. The Lessees have advised that they are prepared to undertake any rehabilitation work at their own expense if Council agree to the removal of the Condition J12 from the lease agreement. As Council may be required to undertake some remedial work on the borrow pits in the future, this offer by the Lessees is considered a desirable outcome for Council.



CONSULTATION

Internal Senior Planner Senior Environmental Adviser Manager Works Coordinator Transport Infrastructure External Lessees



Nil

POLICY IMPLICATIONS

Nil



Nil



Nil

ATTACHMENTS

1. Report to Council 6 November 2007 (ECM # 1348112); 2. Site Plan. Date Prepared: 14 January 2015


CHIEF EXECUTIVE OFFICER

PETITION

ITEM-10 ANZAC AVENUE AND HERBERTON STREET PETITION DOCUMENT INFORMATION

MEETING: Ordinary


REPORT OFFICER’S TITLE: Chief Executive Officer DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

This report introduces a petition which was delivered to Council on 9 December 2014 from residents of Anzac Avenue and Herberton Street Mareeba.


"That Council receive the petition and refer it to the CEO for consideration."

BACKGROUND

In terms of Council’s Standing Orders Council has three (3) options with regard to petitions that are tabled and these are:

1. The petition be received and consideration stand as an order of the day for the meeting; or for a future meeting; or

2. Petition be received and referred to a committee or officer for consideration and a report to the local government; or

3. The petition not be received. The petition meets the requirements as per the Standing orders, in that it is legible and has more than 10 signatures. The petition refers to the lowering of the tonnage limit on the John Doyle Bridge as a means of reducing heavy vehicle movements that use this access to the central business district instead of using the Kennedy Highway. A request has also been made to reduce the speed limit to 40 km/hour, from the Herberton Street pedestrian crossing over the John Doyle Bridge, up to Durston Street off Anzac Avenue.



ECON 3 - Undertake the management of Council’s assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Mayor Tom Gilmore Chief Executive Officer Director of Infrastructure Services External Nil


Nil

POLICY IMPLICATIONS

Nil



Nil


Mrs France will be notified of Council's decision.

ATTACHMENTS

1. Petition from residents of Anzac Avenue and Herberton Street Mareeba. Date Prepared: 22/01/2015


BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL

The next meeting of Council will be held at 9:00 am on Wednesday 18 February 2015

council meeting agenda 4 february 2015

Documents

freehold lot

conversion of term lease

parish of masterton

parish of formartine

parish of cudgee

parish of tinaroo

conversion of pastoral

community services