Maranoa Logo Process

 

Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 12 June 2013 commencing at 9.00am

 

ATTENDANCE

 

Mayor Cr. R S Loughnan chaired the meeting with Deputy Mayor Cr W S Wason, Cr. J L Chambers, Cr. R J Denton, Cr P J Flynn, Cr. W M Newman, Cr. C J O’Neil, Cr. M L Price, Cr. D J Schefe, Chief Executive Officer – Julie Reitano, Coordinator – Corporate Communications – Jane Frith, and Kelly Rogers Minutes Officer in attendance.

 

AS REQUIRED

Director Community & Commercial Services - Tony Klein, (Acting) Director Infrastructure Services – Michael Parker, Coordinator Planning - Danielle Pearn.

 

GUESTS

 

There were no guests in attendance at the meeting.

 

WELCOME

 

The Deputy Mayor welcomed all present and declared the meeting open at 9.02am, noting that the Mayor was conducting an interview and would be a late arrival for the meeting.

 

The Deputy Mayor then adjourned the meeting at 9.03am, to allow for Councillors to conduct introductions at the AgForce SEQ Regional Forum.

 

Council resumed the meeting at 9.20am with the Mayor assuming the Chair.

 

APOLOGIES   

 

There were no apologies for the meeting.

 

Confirmation of Minutes

 

Resolution No. GM/06.2013/01

Moved Cr Chambers                                                     Seconded Cr Newman  

 

That the minutes of the General Meeting (9-22.05.13), held on 22 May 2013 be confirmed as amended to include:-

 

An amendment to the referring organisation name to state “L J Hooker Commercial.” 

This pertains to Cr. O’Neil’s declaration of interest in Item LC.2 “Roma Saleyards Development –Marketing Sounding program (including Expression of Interest process)’, found on pages 7/8 and 10/11 of the minutes.

 

 

CARRIED                                                                                                                      9/0

  

 

Business Arising FROM MiNUTES

 

There was no business arising from the minutes.

 

On the Table

 

There were no items for discussion on the table.

 

Presentations/Petitions and Deputations

 

There were no presentations/petitions or deputations at the meeting.

 

Consideration of notices of business

 

There were no notices of business for consideration.

 

Consideration of notices of motion

 

There were no notices of motion for consideration.

 

Reception of notices of motion for next meeting

 

No notices of motion were received for the next meeting.

 

Business

 

Office of the CEO & Organisational Services

 

Item Number:                                   10.1

File Number: D13/19833

Subject Heading:                          Financial Sustainability Report for the period to 31 May 2013

Author and Officer’s Title:                Alan Marchant, Manager - Financial Operations

Executive Summary: 

The Financial Sustainability Report for the period to 31 May 2013 together with a summary of Council’s actual performance at sub program level against Council’s approved budget (as amended in March Review) was presented for Council’s consideration.

 

 

Resolution No. GM/06.2013/02

Moved Cr Chambers                                                     Seconded Cr Newman  

That the progressive Financial Statements for the period to 31 May 2013 as included in the Financial Sustainability Report  be received subject to audit.  Further that additional information be sought from the respective departments in relation to the following items:

 

  • Status of flood recovery receipts and impact on the current year’s budget
  • Facilities income budget
  • Category and duration of outstanding miscellaneous debts

·    Status of the Road Infrastructure Agreements given the difference between budget and actual works undertaken.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Manager - Financial Operations

 

 

Community & Commercial Services

 

Item Number:                                   11.1

File Number: D13/21911

Subject Heading:                          Volunteer Week Post Event Report

Author and Officer’s Title:                Fiona Vincent, Coordinator - Sport & Recreation

Executive Summary: 

Post event report on Volunteer Week 2013 functions held across the Maranoa region.

 

Resolution No. GM/06.2013/03

Moved Cr Flynn                                                            Seconded Cr O'Neil  

That Council receive and note the Officer’s report as presented.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Sport & Recreation

 

 

Infrastructure Services

 

Item Number:                                   12.1

File Number: D13/20198

Subject Heading:                          Capital Project - Dust Seal on Scotts Road

Author and Officer’s Title:                Kym Downey,  Manager - Infrastructure Planning & Design

Executive Summary: 

Council has received a request to provide a bitumen seal to Scotts Road in front of the homestead at 126 Scotts Road.

 

Resolution No. GM/06.2013/04

Moved Cr Price                                                             Seconded Cr Schefe  

That Council considers the inclusion of this project in future budget deliberations.  

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

 Manager - Infrastructure Planning & Design

 

 

Item Number:                                   12.2

File Number: D13/21263

Subject Heading:                          Proposed Roma CBD Carpark Part Lot 2 on RP64336

Location:                                          81 Arthur Street, Roma (Part of Roma Ambulance Centre Ground)

Author and Officer’s Title:                Michael Parker, Director - Infrastructure Services (Acting)

Executive Summary: 

Council has previously considered a report on the proposal to rent vacant land from the Qld Ambulance Service (QAS) in Roma for use as a carpark for the Roma CBD.  Advice has now been received from the Queensland Ambulance Service as to the terms and conditions for rental of the site.

 

Resolution No. GM/06.2013/05

Moved Cr O'Neil                                                            Seconded Cr Schefe  

That Council has considered the terms offered by the Queensland Ambulance Service and requests that the following condition be removed-

 

·   Early Termination: By the Licensor with 12 months’ written notice of termination

 

And, that the condition relating to “Term” be amended to state-

 

·   Term:  three (3) years with one option for renewal of a further two years.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Director - Infrastructure Services (Acting)

 

 

 

Cr. Wason declared a potential perceived ‘Conflict of interest’ in the following item due to the request being put forward by a relative and elected to remain for discussion and debate on the item believing that this would not impact his ability to act in the public interest.

 

Item Number:                                   12.3

File Number: D13/21297

Subject Heading:                          Capital Project: Dust Seal  on Binya LAnE

Author and Officer’s Title:                Kym Downey,  Manager - Infrastructure Planning & Design

Executive Summary: 

Council had received a request to provide a bitumen seal to Binya Lane in front of the “Binya” homestead at 534 Binya Lane.

 

Resolution No. GM/06.2013/06

Moved Cr Price                                                             Seconded Cr Denton  

That Council considers the inclusion of this project in future budget deliberations.

 

CARRIED (Cr. Wason voted in favour of the motion)                                                           9/0

 

Responsible Officer

 Manager - Infrastructure Planning & Design

 

 

Item Number:                                   12.4

File Number: D13/22566

Subject Heading:                          Capital Project - Kerb and Channel in Miscamble Street

Author and Officer’s Title:                Kylie Fleischfresser, Coordinator – Infrastructure Planning

Executive Summary: 

Council has received a request from a resident of Miscamble Street, Roma to have kerb and channel installed in that street.

 

Resolution No. GM/06.2013/07

Moved Cr Wason                                                          Seconded Cr O'Neil  

That Council consider this request in future budget deliberations

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Infrastructure Planning

 


 

 

Item Number:                                   12.5

File Number: D13/23607

Subject Heading:                          Recreation Committee

Location:                                          "Lake Neverfill" Roma

Author and Officer’s Title:                Michael Parker, Director - Infrastructure Services (Acting)

Executive Summary: 

The Lake Recreation Committee has requested consideration by Council, as Trustee of the Reserve for Recreation upon which the Lake is situated, of expanding the water impoundment area, increasing the height of the western earthen bank by approx. 1 metre, and creation of an artificial “beach” area on the north eastern side of the lake.

 

 

Resolution No. GM/06.2013/08

Moved Cr Denton                                                          Seconded Cr Newman  

That Council:

 

1.      Give ‘in principle’ support for the suggestion of enlarging the surface area of the lake to allow improved recreational use;

 

2.      Note the interest of Cr. Peter Flynn to represent Council through participation in future discussions if required.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Director - Infrastructure Services (Acting)

 

 

Development, Facilities & Environmental Services

 

Item Number:                                   13.1

File Number: D13/21026

Subject Heading:                          Conversion to freehold - Surat Grain

Applicant:                                         Department Natural Resource and Mines - State Land Asset Management

Author and Officer’s Title:                Josephine Horsfall, Coordinator - Property & Legal

Executive Summary: 

The Department of Natural Resource and Mines has provided Council with an agreement to Offer conversion to freehold of Term Lease 219822 over Lot 1 on SP154291 being land used for the Surat Grain Depot.

 

Resolution No. GM/06.2013/09

Moved Cr Newman                                                       Seconded Cr Denton  

That Council:

 

  1.    Accept the Department of Natural Resources and Mines offer to convert term lease 219822 into freehold land at a cost of $55,809.15, comprised of-

 

Item Description

Quantity

Amount ($)

Amount Due ($)

Total Sale Price (GST included if applicable)

1

   55 000

 

Property Value (Taxable, GST excl)

1

   50 000

   50 000

GST on taxable property value

1

     5 000

     5 000

Conveyance/Stamp Duty (GST Exempt)

1

        750

        750

Deed fee (Div 81)

1

    59.15

    59.15

Total Payable at acceptance/settlement

 

 

$55,809.15

 

2.    Pay the amount in full by 10 July 2013.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Property & Legal

 

Cr. Wason declared a potential perceived ‘Conflict of Interest’ in the following item, due to the applicant being associated with a close family member and left the Chamber at 10.11am, taking no further part in discussion or debate on the matter.

 

Item Number:                                   13.2

File Number: D13/22888

Subject Heading:                          Application for Material Change of Use "Warehouse" (File: 2013/18592)

Location:                                          88 Spencer Street, Roma (Lot 15 on SP235497)

Applicant:                                         SA & WR Merrick

Author and Officer’s Title:                Danielle Pearn, Coordinator – Planning

 

Executive Summary: 

The application sought approval for a Material Change of Use to establish a “Warehouse” at 88 Spencer Street, Roma, described as Lot 15 on SP235497.   

 

The application is subject to Impact Assessment against the relevant provisions of the Roma Town Planning Scheme 2006.  No submissions were received during the public notification period (15/04/2013 – 07/05/2013).

 

 


 

Resolution No. GM/06.2013/10

Moved Cr Flynn                                                            Seconded Cr Newman  

 

That Council approve the application for Material Change of Use – “Warehouse” at 88 Spencer Street, Roma, described as Lot 15 on SP235497, subject to the following conditions:

 

Preamble

 

1.       Refer to http://www.cmdg.com.au/ for the Capricorn Municipal Development Guidelines (CMDG).

 

General

 

1.       Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

 

2.       Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

3.       Maintain the approved development being Material Change of Use – “Warehouse” in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

0101201 Rev B Sheet 1 of 13 as amended 3/06/2013.

Site Plan

20/02/2013

0101203 Rev B Sheet 2 of 13

Floor Plan

20/02/2013

0101203 Rev B Sheet 3 of 13

Elevations

20/02/2013

0101209 Rev A Sheet 9 of 13

Office & Wet Area Layout

20/02/2013

01012013 Rev B Sheet 13 of 13

Vehicle Manoeuvring Plan

20/02/2013

CMDG-R-042 Rev B

‘Commercial Driveway Slab Type A – Two Way Access’

12/2010

CMDG D5

Capricorn Municipal Development Guidelines – Stormwater Drainage Design D5 Design Guidelines

03/2012

CMDG D7

Capricorn Municipal Development Guidelines (CMDG) - Erosion Control and Stormwater Management D7 Design Guidelines

03/2012

CMDG D11

Capricorn Municipal Development Guidelines – Water Reticulation D11 Design Guidelines

10/2007

CMDG – D12

Capricorn Municipal Development Guidelines – Sewerage  Reticulation Design D12 Design Guidelines

09/2007

 

4.       During the course of constructing the works, the developer shall ensure that all works are carried out by appropriately qualified persons and the developer and the persons carrying out and supervising the work shall be responsible for all aspects of the works, including public and worker safety, and shall ensure adequate barricades, signage and other warning devices are in place at all times.

5.       All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

6.       All works on or near roadways shall be adequately signed in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.

 

7.       The developer is responsible for locating and protecting any Council and public utility services, infrastructure and assets that may be impacted on during construction of the development.  Any damage to existing infrastructure (kerb, road pavement, existing underground assets, etc) that is attributable to the progress of works on the site or vehicles associated with the development of the site shall be immediately rectified in accordance with the asset owners’ requirements and specifications and to the satisfaction of the asset owners’ representative(s).

 

8.       All works must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist (iv) the CMDG, (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards. 

 

Latest versions

 

9.       Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

 

Stormwater and Drainage

 

10.     Stormwater drainage for the development site shall be established in accordance with the Queensland Urban Drainage Manual (QUDM) (Volume 1 text, Volume 2 Design Charts), Australian Rainfall and Runoff (Volume 1 A guide to Flood Estimation) and CMDG – D5 Design Guidelines ‘Stormwater Drainage Design’.

 

11.     Stormwater must not be allowed to pond on the property being developed during the development process and after the development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

12.     Any increases in volume, concentration or velocity of stormwater from the property being developed must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

 

13.     There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after the development has been completed.

 

14.     The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

Earthworks

 

15.     The development is subject to the Filling and Excavation Code contained in section 5.2 of the Roma Town Planning Scheme.   Earthworks are to be undertaken in accordance with the Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction Sites (IE Aust – or later versions).

 

Erosion Control

 

16.     All construction works on site to be undertaken in accordance with the Institute of Engineers (Australia) (IEAUST) Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites and the CMDG Design Guidelines – D7. 

 

17.     If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.  Erosion and sediment controls shall be maintained at all times during the course of the project.  Should the proposed controls prove to be ineffective, the developer must install additional measures and provide written notice to Council advising of the additional control measures implemented.

 

18.     Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto adjoining roads during the course of the construction period and to prevent dust nuisance during construction.

 

19.     Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by the action of running water shall be stored clear of drainage paths and be prevented from entering the road and/or drainage system.

 

20.     Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be undertaken at no cost to Council.  Such works shall be undertaken immediately where there is a potential hazard to pedestrians and/or passing traffic.

 

21.     In the event that Council receives a complaint relative to the quality of runoff from the site from a downstream property owner, the developer must take immediate steps to rectify the cause of any such substantiated complaint.  The developer will also be required to meet the cost of any repair/clean up of downstream properties resulting from undesirable impacts of their works.

 

Environmental

 

22.     The developer shall immediately clean up and satisfactorily remove any deposited construction material or silt runoff from the development site.

 

Services

 

23.     The development shall be connected to Council’s reticulated water supply system in accordance with the Water Services Association of Australia (WSAA) publication WSA03-2002 Water Reticulation Code of Australia (version 2.3), and CMDG – D11 Design Guidelines ‘Water  Reticulation’, at no cost to Council.

 

24.     The development shall be connected to Council’s reticulated sewerage disposal system in accordance with the Water Services Association of Australia (WSAA) publication WSA02-2002 Sewerage Code of Australia (version 2.3), and CMDG – D12 Design Guidelines ‘Sewerage  Reticulation’, at no cost to Council.

 

25.     The development is to be connected to a reticulated electricity supply service in accordance with the relevant service provider’s requirements and specifications along with relevant building standards, requirements and specifications.

 

26.     If the premises are connected to a telecommunications service, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications along with relevant building standards, requirements and specifications (as relevant).

 

 

27.     All services installation, including water, sewerage, electricity and telecommunications connections to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) the CMDG, (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

28.     Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

Access, Car parking and Manoeuvring

 

29.     The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

30.     Vehicle access from Spencer Street to the development site is to be constructed in accordance with plan CMDG-R-042 Rev B ‘Commercial Driveway Slab Type A – Two Way Access’ dated 12/2010.  The vehicle crossovers must be constructed with a minimum width of seven (7) metres.   

 

31.     Vehicle crossovers to the proposed lots must be located a minimum distance of one metre from any street signage, power poles, street lights, manholes, stormwater gully pits or other Council assets.

 

32.     Vehicles entering and exiting the development site must be able to enter and leave in forward direction.  Reversing out of development site is not permitted. 

 

33.     All vehicle movements within the site are to be clear of proposed parking areas, buildings and landscape treatments. Vehicle parking bays must not encroach into swept paths for vehicle movements onsite.

 

34.     A minimum of eight (8) vehicle parking spaces, including one (1) car parking space for persons with disabilities must be provided on site.

 

35.     Provision must be made onsite for one (1) service vehicle parking space to cater for an articulated vehicle.

 

36.     Parking bay configurations (width and lengths) to be in accordance with AS/NZS 2890.1:2004 Parking Facilities Part 1: Off-Street Car Parking.

 

37.     Disabled car parking bays shall be designed in accordance with AS/NZS 2890.6:2009 Parking Facilities Part 1: Off-Street Car Parking.

 

38.     Vehicle access and manoeuvring areas are to comply with AS/NZS 2890.1:2004 Parking facilities Part 1: Off-street car parking.

 

39.     Service vehicle access and manoeuvring is to be designed in accordance with AS/NZS 2890.2:2004 - Parking facilities Part 2: Off-street commercial vehicle facilities requirements.

 

40.     All car parking spaces, access and manoeuvring areas are to be sealed with an approved impervious surface.  This surface shall extend the full width of the site from the front property boundary to the frontage of the building, excluding landscaped areas. Surfacing shall consist of either patterned concrete, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

 

41.     No on-street parking is permitted at the frontage of the development site at any time.

 

42.     All vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area including Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”, (iii) Council’s standard designs for such work where such designs exist, (iv) any relevant Australian Standard that applies to that type of work and (vi) the CMDG and (vii) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

 

Signage and Line marking

 

43.     Signage and line marking is to be in accordance with MUTCD requirements and AS/NZS 2890.1:1993 – Parking facilities Part 1: Off-street car parking.

 

44.     Car park line marking is to be in accordance with AS/NZS 2890.1:1993 - Parking facilities Part 1: Off-street car parking.

 

Landscaping & Fencing

 

45.     Landscaping is to be provided with a minimum width of two (2) metres adjacent to the Spencer Street frontage of the site and adjacent to the building frontage in accordance with drawing 0101201 Rev A sheet 1 of 13 ”Site Plan” as amended, dated 20/02/2013. Vegetation is to comprise a mix of trees, shrubs and groundcovers.

 

46.     Ground covers should fully cover vegetated areas within one year of planting.

 

Rubbish Collection

 

47.     Waste containers shall be placed in a screened area, accessible by the vehicles used by Council, its agents and/or others.  At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Advertising Signs

 

48.     Any proposed advertising signage is subject to a further development approval unless compliant with the self-assessable development provisions of the planning scheme. 

 

49.     Any free-standing advertising signage or structure to be constructed on site shall be designed by an RPEQ (Structural) Engineer and certification provided for both design and construction. 

 

Avoiding Nuisance

 

50.     During and after the establishment of the approved development, no nuisance is to be caused to adjoining properties and occupiers by the way of smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non-working hours.

 

51.     There must not be unreasonable or sustained levels of noise or odour and no nuisance caused to adjoining properties during the course of the construction works and after the use commences.

 

52.     Any air conditioning, generator, refrigeration, pump, exhaust, fans, or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB above the background noise level.

 

 

53.     Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

54.     All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

55.     The area and its surrounds shall be kept in an orderly fashion, free of rubbish and clear of weeds and long grasses.  The approved development and the premises are to be maintained in a clean and tidy condition and not to pose any health and safety risks to the community.

 

56.     Unless otherwise approved in writing by the Council, approved hours of construction are restricted to Monday – Saturday 6.00 am to 6.00 pm – noise permitted.  Work or business which causes audible noise must not be conducted from or on the subject land outside the above times or on Sundays or Public Holidays.

 

Infrastructure Contributions

 

57.     An infrastructure contribution, in accordance with Council’s adopted Priority Infrastructure Plan, of $35,106.80 is payable to the Council.  The stated charge is to be paid prior to commencement of the approved use. 

 

Use

 

58.     All conditions of approval related to the establishment of the development must be fulfilled prior to any approved use commencing.

 

No Cost to Council

 

59.     The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

60.     All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid to the Council prior to any use commencing on site.

 

CARRIED                                                                                                                      8/0

 

Responsible Officer

Coordinator - Planning

  

At cessation of discussion and debate on the abovementioned item, Cr. Wason entered the Chamber at 10.13am.

 

development, Facilities & Environmental Services

 

Item Number:                                   19.1

File Number: D13/22877

Subject Heading:                          Proposed purchase of land for Mitchell Refuse

Applicant:                                         Maranoa Regional Council

Author and Officer’s Title:                Sandra Crosby, Manager - Environmental Health, Compliance & Waste

 

 

Resolution No. GM/06.2013/11

Moved Cr Denton                                                          Seconded Cr Chambers  

That Council receive and note the Officer’s report to make a request to the Treasurer to allocate the land at less than the market value in the original offer made by Department of Natural Resources and Mines.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Manager - Environmental Health, Compliance & Waste

 

Late Items

 

Item Number:                                   L.1

File Number: D13/24208

Subject Heading:                          Local Government Grants and Subsidies Program Applications

Author and Officer’s Title:                Susan (Sue) Sands, Coordinator - Grants (Council &     Community)

Executive Summary: 

Maranoa Regional Council is eligible to submit projects for funding under the Local Government Grants and Subsidies Program, administered by the Department of Local Government, Community Recovery and Resilience.

 

The following projects have been identified as eligible, and have been prioritised from an operational and strategic perspective by the Executive Management Team and at a Council Workshop.  As requested under the application requirements, the Mayor and the Chief Executive Officer will sign the Certification Form on behalf of Council, if Council endorses the priorities. 

 

 

Resolution No. GM/06.2013/12

Moved Cr O'Neil                                                            Seconded Cr Schefe  

That Council approve submissions for funding under the Local Government Grants and Subsidies Program for the following projects:

          1. Roma Sewerage Project 

          2. Surat Sewerage Project

          3. Injune Art Space

          4. Parklands facilities in Roma and Surat

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Grants (Council & Community)

 

Item Number:                                   L.2

File Number: D13/24649

Subject Heading:                          Capacity Building Model for Community   Development Team

Author and Officer’s Title:                Katrina Marsh, (Acting) Manager - Community    Development

Executive Summary: 

The Community Development Team are in the process of creating a Capacity Building Model that will ensure the support and assistance they offer in the future is seen as relevant and therefore valued by the community whilst developing community capacity and promoting Council’s role in this area of operation. 

 

Resolution No. GM/06.2013/13

Moved Cr Flynn                                                            Seconded Cr Price  

That Council:

 

·         Endorse the Community Capacity Building Model for implementation by the Community Development Department; and

 

·         Endorse a name change to the current position terminology of Coordinator - Community Development (town name) to Maranoa Community Coordinator.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

(Acting) Manager - Community Development

 

 

Item Number:                                   L.3

File Number: D13/24694

Subject Heading:                          Consideration of Elected Member Attendance at Conferences

Location:                                          Multiple locations

Author and Officer’s Title:                Kelly Rogers, Coordinator -  Elected Members & Community Engagement

Executive Summary: 

Formalisation of Elected Member attendance at conferences and meetings as part of advocacy activities and/or enhancing strategy and policy development for Maranoa Regional Council.

 

 

Resolution No. GM/06.2013/14

Moved Cr O'Neil                                                            Seconded Cr Wason  

That Council:

 

1.   Endorse the attendance of Cr. Price and Cr. Wason as Council delegates at the 2013 Surat Basin & Mining Expo in Toowoomba on 19 – 20 June 2013;

 

2.   Endorse the submitted ‘Registration Application’ for Cr. Price in attending the “DestinationQ Tourism Forum” at the Gold Coast on 27 – 28 August 2013;

 

3.   Approve the attendance of the Mayor, (including associated travel and accommodation costs), in accepting an invitation issued by Santos CEO David Knox, at a Santos Networking Function in Brisbane on 22 June 2013. 

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator -  Elected Members & Community Engagement

 

 

Item Number:                                   L.4

File Number: D13/24429

Subject Heading:                          name change to the Maruma-Li Mari program after further consultation with external stakeholders, including the adoption of an addition to the Corporate Style Guide.

Author and Officer’s Title:                Melissa Wathen, Manager - Social Services

Executive Summary:  

After external consultation the proposed name change from Maruma-Li Mari Family Violence Prevention Legal Service (MLMFVPLS) to Southern Queensland Indigenous Family Violence Legal Service (SQIFVLS) was deemed unacceptable by an external organisation due to the similarity with their registered business name. In consultation with the Maruma-Li Mari Community Advisory Committee the proposed name of Aboriginal Family Legal Service Southern Queensland has been proposed including logo and imagery.

 

 

Resolution No. GM/06.2013/15

Moved Cr Denton                                                          Seconded Cr Flynn  

That:

  1.   The name of the existing program Maruma-Li Mari be changed to the Aboriginal Family Legal Service Southern Queensland.

 

2.   The additional logo and imagery for the Aboriginal Family Legal Service Southern Queensland be added to the Corporate Style Guide. 

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Manager - Social Services

 

 

Item Number:                                   L.5

File Number: D13/24703

Subject Heading:                          Roma Saleyards and Housing Fees and     Charges

Author and Officer’s Title:                Tony Klein, Director - Community & Commercial Services

Executive Summary: 

Council’s approval was sought  for the adoption of amended fees and charges for areas in Housing and Roma Saleyards to allow sufficient notice to be provided to affected clients.

 

Resolution No. GM/06.2013/16

Moved Cr Newman                                                       Seconded Cr Chambers  

 

That Council endorse the amended schedule of fees and charges for the Roma Saleyards and Housing and that the amended fees and charges be included in the Register of Fees and Charges for 2013/2014, for implementation as follows:

 

·                                 Roma Saleyards – implementation date 16 July 2013

·                                 Housing – implementation date 16 August 2013

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Director - Community & Commercial Services

  

 

Subject Heading:  suspension of standing orders

Council adjourned the meeting for morning tea at 10.27am.

 

Subject Heading:  resumption of standing orders

Council resumed the meeting at 10.54am.

 

CONFIDENTIAL ITEMS

 

  In accord with the provisions of section 275 of the Local Government Regulation 2012, Council resolved to close the meeting to discuss items it has deemed to be of a confidential nature and specifically pertaining to the following sections:-

          (d)      rating concessions;

          (a)      the appointment, dismissal or discipline of employees;

          (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;

 

Resolution No. GM/06.2013/17

Moved Cr O'Neil                                                            Seconded Cr Wason

 

That Council close the meeting to the public at 11.15am.

 

CARRIED                                                                                                                      9/0

 

 

The Mayor declared a potential perceived ‘Conflict of Interest’ in item “C.5 Wall of Fame Inductees for Consideration,” due to him having personally put forward nominations under the program for Council’s consideration.  The Mayor sought Council’s opinion on him remaining in the Chamber for participation in discussion on the item. Council indicating they were not opposed to him remaining for discussion. The Mayor elected to remain in the Chamber for initial discussion on the item, however foreshadowed that he would exclude himself for debate on the item when being debated by Council later during the meeting.

 

 

Cr. Price declared a potential perceived ‘Conflict of Interest’ in item “C.6 Tender recommendation NDRRA 13/31 – Miscellaneous Roads”, due to her son’s partner being employed by one of the companies that put forward a tender for the project, and left the Chamber at 11.35am taking no further part in discussion on the item.

 

At cessation of discussion on item “C.6 Tender recommendation NDRRA 13/31 – Miscellaneous Roads” Cr. Price entered the Chamber at 11.54am.

 

Discussion again commenced on item “C.6 Tender recommendation NDRRA 13/31 – Miscellaneous Roads.”  Cr. Price again declared a potential perceived ‘Conflict of Interest’ in the item and left the Chamber at 12.16pm, taking no further part in discussion on the item.

 

At cessation of discussion on item “C.6 Tender recommendation NDRRA 13/31 – Miscellaneous Roads,” Cr. Price entered the Chamber at 12.18pm.

 

 

Subject Heading:  suspension of standing orders

Council adjourned the meeting for lunch at 12.30am.

 

Subject Heading:  resumption of standing orders

Council resumed the meeting at 1.18pm.

 

Councillors Price & Wason declared that she/he could have a potential perceived ‘Conflict of Interest’ in the following item as the matter under Council’s consideration was for applications received to install 2 grids.

 

The matter was discussed at the meeting of Council and was not an ordinary business matter.

 

Councillors Price & Wason declared that it could potentially be taken for there to be a perceived conflict between the personal interests of the Councillors and the public interest that might lead to a decision that is contrary to the public interest. 

 

The personal interest of the Councillors was that the Councillors could be a responsible person for a grid installed across a local government road, that is, a person who has the benefit of a grid installed across a local government road, and in particular, for Cr. Price with respect to a submitted application to remove and re-install an existing grid for location on Mount Hope Road Wallumbilla, which if approved by Council, Cr. Price may arguably be a responsible person, and for Cr. Wason with respect to two (2) grids located on Gerhardt Lane Roma, Cr. Wason may arguably be a responsible person for the purposes of Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011.

 

Councillors Price & Wason dealt with the perceived conflict of interest by making a determination that her/his personal interest was not of sufficient significance that it would lead him/her to make a decision on the matter that would be contrary to the public interest and by informing the meeting that she/he honestly believed that she/he would best perform his/her responsibility of serving the overall public interest of the whole of Council’s local government area by participating in debate about the matter and voting on the matter.

 

Subject Heading:  suspension of standing orders

Council adjourned the meeting for brief recess 2.10pm.

 

Subject Heading:  resumption of standing orders

Council resumed the meeting at 1.18pm.

 

 

Resolution No. GM/06.2013/18

Moved Cr O'Neil                                                            Seconded Cr Wason

 

That Council open the meeting to the public at 2.30pm.

 

CARRIED                                                                                                                      9/0

 

 

 

Item Number:                                   C.1

File Number: D13/22432

Subject Heading:                          Request for Waiver of Vacant Water and Vacant Sewerage Charges

Location:                                          Mitchell

Author and Officer’s Title:                Dana Harrison, Coordinator – Rates

Executive Summary: 

Correspondence has been received from the applicant requesting Council give consideration to waiving the vacant water and vacant sewerage charges on a rates notice due to financial hardship in relation to assessment number 12004180.

 

Resolution No. GM/06.2013/19

Moved Cr Newman                                                       Seconded Cr Flynn  

That Council:

 

 

1.         Grant a concession under section 120 (1)(c) of the Local Government Regulation 2012 equivalent to the vacant water and vacant sewerage charges on the rates notice for the 2012/13 financial year while the parcel of land remains under the current ownership;

 

2.         Review the applicable concessions on an annual basis and incorporate any concessions granted into the Revenue Statement.  

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator – Rates

 

 

Item Number:                                   C.2

File Number: D13/22525

Subject Heading:                          Request for Discount to be Granted on Late   Payments

Location:                                          Mitchell

Author and Officer’s Title:                Dana Harrison, Coordinator – Rates

Executive Summary: 

Correspondence has been received from the applicant requesting discount be granted on payment that was received after the close of discount in relation to assessment number  12012175.

 

Resolution No. GM/06.2013/20

Moved Cr Denton                                                          Seconded Cr O'Neil  

That Council does not grant the discount in this instance as sufficient time of 30 days to pay the rates was provided to obtain the discount.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Rates

 

 

Item Number:                                   C.3

File Number: D13/23081

Subject Heading:                          Request for Discount to be Granted

Location:                                          Roma

Author and Officer’s Title:                Dana Harrison, Coordinator - Rates

Executive Summary: 

An email was received from the applicant advising that payment of the notice  was made after the close of discount as the applicant had received an amended notice dated 23 April 2013, in relation to assessment number 15011588.

 

Resolution No. GM/06.2013/21

Moved Cr Newman                                                       Seconded Cr Chambers  

That Council grant the  discount of $58.57 as payment was made within 30 days from the date of issue of the amended rates notice.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Rates

 

Item Number:                                   C.4

File Number: D13/23657

Subject Heading:                          Glencoe Road

Location:                                          Glencoe Road, Access to Glencoe and Drysdale Ponds, through "Surprise"

Author and Officer’s Title:                Michael Parker, Director - Infrastructure Services (Acting)

Executive Summary: 

Council has been involved in prolonged discussion with the owner of the property through which Glencoe Road traverses, concerning advice received from him via his Solicitors,  that no further use by the public of Glencoe Road would be allowed.  This advice was received via letter dated 29 June, 2011.  The property is freehold land, and Glencoe Road is an existing constructed road with no evidence that a road dedication has been performed. 

 

Resolution No. GM/06.2013/22

Moved Cr Chambers                                                     Seconded Cr Wason  

That Council endorse the actions made by its Officers & Solicitors in reaching an agreement with the landowners, and approve that Council proceed with acquisition of the area comprising the “Glencoe Road” through “Surprise” and “Glencoe”.    Further that advice be sought on the GST status of the transaction prior to finalising the compensation arrangements.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Director - Infrastructure Services (Acting)

 

The Mayor declared a potential perceived ‘Conflict of Interest’ in the following item, due to him having personally put forward nominations under the program and left the Chamber at 2.43pm taking no further part in debate on the item, with Deputy Mayor, Cr. Wason taking the Chair.

 

Item Number:                                   C.5

File Number: D13/22083

Subject Heading:                          Wall of Fame Inductees for Consideration

Author and Officer’s Title:                Fiona Vincent, Coordinator - Sport & Recreation

Executive Summary: 

Council considered received nominations for inclusion on the Wall of Fame at the Roma Recreation Centre.

 

Resolution No. GM/06.2013/23

Moved Cr Denton                                                          Seconded Cr O'Neil  

That Council:

1.     Approve received nominations for inclusion on the “Wall of Fame”, those being – Mark Loane, Tanya Osborne and Emilee Cherry.

The applicants met the criteria for selection having represented Australia in their chosen sport under the governing national sporting organisations for rugby union, rugby sevens and touch.

 

2.     Media be initiated to inform the community of the program eligibility criteria and to raise the profile of the program.

CARRIED                                                                                                                      8/0

 

Responsible Officer

Coordinator - Sport & Recreation

 

At cessation of discussion the Mayor entered the Chamber, assumed the Chair at 2.45pm.

 

Cr. Price declared a ‘Conflict of Interest’ in the following item, due to her son’s partner being employed by one of the companies that put forward a tender for the project, and left the Chamber at 2.46pm taking no further part in discussion or debate on the item.

 

Item Number:                                   C.6

File Number: D13/23917

Subject Heading:                          Tender Recommendation NDRRA 13/31 Miscellaneous Roads

Author and Officer’s Title:                Francesco (Frank) Nastasi, Specialist – Senior Engineer

Executive Summary: 

This contract is for the restoration of flood damaged roads and associated infrastructure spread over the northern half of the shire, including most of the roads in the town of Injune.

 

Tender invitations were forwarded to all six contractors on Council’s elected panel, resulting in four (4) proposals being received. These submissions were reviewed by an evaluation panel to allow a valid comparison to be made.

 

Queensland Reconstruction Authority (QRA) have approved the scope of work and Council’s probity lawyers have reviewed the tender evaluation process for compliance with probity.

 

Resolution No. GM/06.2013/24

Moved Cr Denton                                                          Seconded Cr Newman  

That Council award the tender to Civil Contractors (Aust) for the sum of  $5,451,041.82 + GST.

 

MOTION LOST                                                                                                               2/6

 

 

A new motion was put as follows:

 

Moved Cr Flynn                                                            Seconded Cr Schefe

 

That Council award the tender to NJ Contractors for the sum of $5,392,586.65 + GST, as it represents best value for money being the lowest priced conforming tender.

 

NO VOTE TAKEN                                                                                                         

 

Responsible Officer

Specialist – Senior Engineer

 

No vote was taken on the motion at that time and at cessation of discussion on the item Cr. Price entered the Chamber at 2.57pm.

 

 

 

.

LATE CONFIDENTIAL ITEMS

 

Item Number:                                   LC.1

File Number: D13/23901

Subject Heading:                          Update of Organisational Structure

Author and Officer’s Title:                Julie Reitano, Chief Executive Officer

Executive Summary: 

On 13 February 2013, Council adopted a new Organisational Structure.   Since that time there have been a number of minor changes required, and some turnover of staff.    It is timely, prior to budget adoption, to provide an updated structure upon which the budget can be set.

 

Individual names were included on the structure to facilitate internal communications, however,  the Chief Executive Officer remains responsible for the appointment of staff (therefore the chart can be reprinted at any time to reflect the names of those currently in the various positions).

 

Moved Cr Price                                                             Seconded Cr O'Neil  

 

That Council adopt the proposed Organisational Structure dated 12 June 2013 noting that in doing so Council is adopting the positions and reporting structures.

 

NO VOTE TAKEN                                                                                                         

 

 

No vote was taken on the motion and an amendment to the motion was then put as follows:

Resolution No. GM/06.2013/25

Moved Cr Chambers                                                     Seconded Cr Denton

 

That Council adopt the proposed Organisational Structure dated 12 June 2013, with an amendment that 5 positions be maintained for the Maranoa Community Coordinators, formerly known as Coordinator - Community Development (town name), noting that in doing so, Council is adopting the positions and reporting structures.

 

MOTION LOST                                                                                                               3/6

 

 

The original motion was then voted on as follows:

 

Resolution No. GM/06.2013/26

Moved Cr Price                                                             Seconded Cr O'Neil

 

That Council adopt the proposed Organisational Structure dated 12 June 2013, noting that in doing so, Council is adopting the positions and reporting structures.

 

CARRIED                                                                                                                      7/2

 

Responsible Officer

Chief Executive Officer

 

A new motion was then put forward by Cr. Denton as follows:

 

Resolution No. GM/06.2013/27

Moved Cr Denton                                                          Seconded Cr O'Neil

 

That a report be prepared for Council to consider the Organisational Structure for Parks & Gardens in relation to the towns within the region.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Chief Executive Officer

 

Councillors Price & Wason declared that she/he could have a potential perceived ‘Conflict of Interest’ in the following item as the matter under Council’s consideration was for applications received to install 2 grids.

 

The matter was discussed at the meeting of Council and was not an ordinary business matter.

 

Councillors Price & Wason declared that it could potentially be taken for there to be a perceived conflict between the personal interests of the Councillors and the public interest that might lead to a decision that is contrary to the public interest. 

 

The personal interest of the Councillors was that the Councillors could be a responsible person for a grid installed across a local government road, that is, a person who has the benefit of a grid installed across a local government road, and in particular, for Cr. Price with respect to a submitted application to remove and re-install an existing grid for location on Mount Hope Road Wallumbilla, which if approved by Council, Cr. Price may arguably be a responsible person, and for Cr. Wason with respect to two (2) grids located on Gerhardt Lane Roma, Cr. Wason may arguably be a responsible person for the purposes of Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011.

 

Councillors Price & Wason dealt with the perceived conflict of interest by making a determination that her/his personal interest was not of sufficient significance that it would lead him/her to make a decision on the matter that would be contrary to the public interest and by informing the meeting that she/he honestly believed that she/he would best perform his/her responsibility of serving the overall public interest of the whole of Council’s local government area by participating in debate about the matter and voting on the matter.

Item Number:                                   LC.2

File Number: D13/24500

Subject Heading:                          Consideration of Application for Grids

Location:                                          Marra Marra Road

Applicant:                                         Mrs Muriel & Mr Ron Markey

Author and Officer’s Title:                Julie Reitano, Chief Executive Officer

Executive Summary: 

Council is in receipt of applications to install two grids under Council’s new policy framework.     Mr Shane Elliott has objected  to  the current grid on Marra Marra Road previously, and continues to do so.    Council’s meeting of 8 May 2013 detailed the following:

 

“Council delegate authority for the approval of licensed grid and gate applications to the Chief Executive Officer, noting that this task may then be delegated to the Director – Infrastructure Services, for received applications  accompanied by a ‘Non Objection Notice’ from each and all boundary neighbouring property holders;

 

For applications received where one (1) or more ‘Notice/s of Objection/s’ is/are received, the application be referred to Council for determination”.

 

Council is now also in receipt of a letter from the Department of Natural Resources & Mines, received by e-mail at 4.20pm on Friday 7 June 2013.

 

Mr & Mrs Shane Elliott presented a letter to the Councillors prior to commencement of the meeting for consideration during deliberations on this item.

 

 

Moved Cr Flynn                                                            Seconded Cr Schefe

 

That Council:

 

1.       Note the receipt of two applications for grids on Marra Marra Road.

 

2.       Approve the installation of the 2nd grid  on Marra Marra Road, provided the application is in accordance with Council’s Interim Gates & Grids Policy,  to address immediate stock control issues between  properties located on land described as RP 328 FTY 1860 and RP 65 BWR 518.

 

3.       Decline the application for the installation of a grid in the area located approximately 300m from the PEI Road / Marra Marra Road intersection (current location of the former Bendemere Shire Council grid).

 

4.       Advise the applicants that Council would look favourably on an amended application involving an alternative location that would facilitate the stockproofing of the roadway including and between the two gullies.

 

5.       Provide a 3 month notice period within which the applicants:

·         Can consider amendment of the application for the alternative location agreeable to Council;

·         If agreeable to amendment of the application, make arrangements to stockproof this area of the roadway;

·         Apply to the Department of Natural Resources for a permit to occupy as referred to in the letter to Council dated 7 June 2013;

 

After this time, the first grid on Marra Marra Road will be removed and Council will reserve its right to give a compliance notice requiring the installation, repair or replacement of fencing on the boundary between Marra Marra Road and the adjoining land.

 

6.       Write to the Department of Natural Resources & Mines advising of:

·         Council’s understanding of the history of the current fence on the Western side of Marra Marra Road and the impacts of its current state on the management of the road reserve (Part of the fence still up);

·         The planned actions to address the risks associated with the section of Marra Marra Road including and between the two gullies;

 

Further that Council encourage the Department to liaise directly with the applicants in relation to matters involving the Lessor and Lessee.

 

7.       The matter of the amended application be considered by Council at a future meeting.

 

8.       A traffic counter be established on the road so that Council can monitor traffic volumes on an ongoing basis.

 

 

NO VOTE TAKEN

 

 


 

Item Number:                                   LC.3

File Number: D13/24675

Subject Heading:                          Request to Grant Discount

Author and Officer’s Title:                Dana Harrison, Coordinator - Rates

Executive Summary: 

In a number of cases, residents elected to pay all rates and charges excluding the MPHS levy until additional information was received about the reasons for the levy.  Since then, most of the ratepayers have paid but missed the initial discount period, and incurred a small amount of interest on the outstanding amount.

 

Resolution No. GM/06.2013/28

Moved Cr Wason                                                          Seconded Cr O'Neil  

That Council remit an amount equivalent to the lost discount totalling $2,487.38 to the ratepayers who have paid the MPHS levy and all other rates and charges and write off the total interest of $71.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Rates

 

Cr. Price declared a ‘Conflict of Interest’ in the following item, due to her son’s partner being employed by one of the companies that put forward a tender for the project, and left the Chamber at 3.27pm taking no further part in discussion or debate on the item.

 

Item Number:                                   C.6

File Number: D13/23917

Subject Heading:                          Tender Recommendation NDRRA 13/31 Miscellaneous Roads

Author and Officer’s Title:                Francesco (Frank) Nastasi, Specialist – Senior Engineer

Executive Summary: 

This contract is for the restoration of flood damaged roads and associated infrastructure spread over the northern half of the shire, including most of the roads in the town of Injune.

 

Tender invitations were forwarded to all six contractors on Council’s elected panel, resulting in four (4) proposals being received. These submissions were reviewed by an evaluation panel to allow a valid comparison to be made.

 

Queensland Reconstruction Authority (QRA) have approved the scope of work and Council’s probity lawyers have reviewed the tender evaluation process for compliance with probity.

 

No vote was taken on this item previously.  Council again resumed discussion and debate.

 

 

Resolution No. GM/06.2013/29

Moved Cr Flynn                                                            Seconded Cr Schefe

 

That Council award the tender to NJ Contractors for the sum of $5,392,586.65 + GST, as it represents best value for money being the lowest priced confirming tender.

 

CARRIED                                                                                                                      6/2

 

Responsible Officer

Specialist – Senior Engineer

 

At cessation of discussion and debate on the abovementioned item, Cr. Price entered the Chamber at 3.36pm.

 

Councillors Price & Wason declared that she/he could have a potential perceived ‘Conflict of Interest’ in the following item as the matter under Council’s consideration was for applications received to install 2 grids.

 

The matter was discussed at the meeting of Council and was not an ordinary business matter.

 

Councillors Price & Wason declared that it could potentially be taken for there to be a perceived conflict between the personal interests of the Councillors and the public interest that might lead to a decision that is contrary to the public interest. 

 

The personal interest of the Councillors was that the Councillors could be a responsible person for a grid installed across a local government road, that is, a person who has the benefit of a grid installed across a local government road, and in particular, for Cr. Price with respect to a submitted application to remove and re-install an existing grid for location on Mount Hope Road Wallumbilla, which if approved by Council, Cr. Price may arguably be a responsible person, and for Cr. Wason with respect to two (2) grids located on Gerhardt Lane Roma, Cr. Wason may arguably be a responsible person for the purposes of Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011.

 

Councillors Price & Wason dealt with the perceived conflict of interest by making a determination that her/his personal interest was not of sufficient significance that it would lead him/her to make a decision on the matter that would be contrary to the public interest and by informing the meeting that she/he honestly believed that she/he would best perform his/her responsibility of serving the overall public interest of the whole of Council’s local government area by participating in debate about the matter and voting on the matter.

 

Item Number:                                   LC.2

File Number: D13/24500

Subject Heading:                          Consideration of Application for Grids

Location:                                          Marra Marra Road

Applicant:                                         Mrs Muriel & Mr Ron Markey

Author and Officer’s Title:                Julie Reitano, Chief Executive Officer

Executive Summary: 

Council is in receipt of applications to install two grids under Council’s new policy framework.     Mr Shane Elliott has objected  to  the current grid on Marra Marra Road previously, and continues to do so.    Council’s meeting of 8 May 2013 detailed the following:

 

“Council delegate authority for the approval of licensed grid and gate applications to the Chief Executive Officer, noting that this task may then be delegated to the Director – Infrastructure Services, for received applications  accompanied by a ‘Non Objection Notice’ from each and all boundary neighbouring property holders;

 

For applications received where one (1) or more ‘Notice/s of Objection/s’ is/are received, the application be referred to Council for determination”.

 

Council is now also in receipt of a letter from the Department of Natural Resources & Mines, received by e-mail at 4.20pm on Friday 7 June 2013.

 

Mr & Mrs Shane Elliott presented a letter to the Councillors prior to commencement of the meeting for consideration during deliberations on this item.

 

Resolution No. GM/06.2013/30

Moved Cr Flynn                                                            Seconded Cr Schefe  

 

That Council:

 

1.       Note the receipt of two applications for grids on Marra Marra Road.

 

2.       Approve the installation of the 2nd grid  on Marra Marra Road, provided the application is in accordance with Council’s Interim Gates & Grids Policy,  to address immediate stock control issues between  properties located on land described as RP 328 FTY 1860 and RP 65 BWR 518.

 

3.       Decline the application for the installation of a grid in the area located approximately 300m from the PEI Road / Marra Marra Road intersection (current location of the former Bendemere Shire Council grid).

 

4.       Advise the applicants that Council would look favourably on an amended application involving an alternative location that would facilitate the stockproofing of the roadway including and between the two gullies.

 

5.       Provide a 3 month notice period within which the applicants:

·         Can consider amendment of the application for the alternative location agreeable to Council;

·         If agreeable to amendment of the application, make arrangements to stockproof this area of the roadway;

·         Apply to the Department of Natural Resources for a permit to occupy as referred to in the letter to Council dated 7 June 2013;

 

After this time, the first grid on Marra Marra Road will be removed and Council will reserve its right to give a compliance notice requiring the installation, repair or replacement of fencing on the boundary between Marra Marra Road and the adjoining land.

 

6.       Write to the Department of Natural Resources & Mines advising of:

·         Council’s understanding of the history of the current fence on the Western side of Marra Marra Road and the impacts of its current state on the management of the road reserve (Part of the fence still up);

·         The planned actions to address the risks associated with the section of Marra Marra Road including and between the two gullies;

 

Further that Council encourage the Department to liaise directly with the applicants in relation to matters involving the Lessor and Lessee.

 

7.       The matter of the amended application be considered by Council at a future meeting.

 

8.       A traffic counter be established on the road so that Council can monitor traffic volumes on an ongoing basis.

 

CARRIED                                                                                                                      8/1

(Cr. Price & Cr. Wason voted in favour of the motion, as did the remaining Councillors, who were entitled to vote at the meeting on the matter, with the exception of Cr. Chambers who voted against the motion)

 

Responsible Officer

Chief Executive Officer

 

 

CLOSURE

 

There being no further business, the Mayor thanked Council for their attendance and declared the meeting closed at 3.41pm.

                                 

 

These Minutes are to be confirmed at the next General Meeting of Council to be held on 26 June 2013, at Roma Administration Centre.

 

 

 

 

...............……….................                                            ..................................

Mayor.                                                                  Date.