Late Items Agenda of General - 13 November 2013

Description: Maranoa Logo Process

Late Items

Business Paper

General Meeting

Wednesday 13 November 2013

Roma Administration Centre

NOTICE OF MEETING

Date: 13 November 2013

Mayor: Councillor R S Loughnan

Deputy Mayor: Councillor W S Wason

Councillors: Councillor J L Chambers

Councillor R J Denton

Councillor P J Flynn

Councillor W M Newman

Councillor C J O’Neil

Councillor M L Price

Councillor D J Schefe

Chief Executive Officer: Ms Julie Reitano

Senior Management: Mr Michael Parker (Acting Director Infrastructure Services)

Mr Rob Hayward (Director Development, Facilities & Environmental Services)

Officers: Ms Jane Frith (Coordinator Corporate Communications)

Please find attached agenda for the General Meeting to be held at the Roma Administration Centre on November 13, 2013 at 9.00am.

Julie Reitano

Chief Executive Officer

Maranoa Regional Council

General Meeting - 13 November 2013

Officer Report

Meeting: General 13 November 2013	Date: 31 October 2013
Item Number: L.1	File Number: D13/52436

Subject Heading: Footpath Dining Liquor Licence Approval & Extension of Trading Hours

Classification: Open Access

Name of Applicant: Ingham Myers Hotel - Royal Hotel Roma

Location: Royal Hotel Roma - Same Ingham-Myers

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

Executive Summary:

Council has recently received notification from the Department of Justice and Attorney General – Office of Liquor and Gaming Regulation that the operators of the Royal Hotel – Ingham Myers Hotel are seeking an extension of the Hotel trading hours, together with wanting to serve alcohol in the permitted footpath dining area.

Officer’s Recommendation:

That Council offer no objection to the extension of the normal hours of trading, and that consumption of liquor is permissible in the footpath dining area on the following conditions:

a) Consumption of alcohol in the footpath dining area is allowed when the person is eating their own meal using a knife and fork only; and

b) That the times for consumption of alcohol in this area be restricted to 12.00 noon to 2.00pm Monday – Sunday, and 6.00pm to 8.00pm Monday to Saturday only.

Body of Report:

Council has recently received a notice from the Office of Liquor and Gaming Regulation seeking Council’s comment in relation to the extension of trading hours, and requesting permission for the approved footpath dining area (map attached) to be a licensed area for the Royal Hotel Roma.

The principal activity of the Hotel is deemed by Office of Liquor and Gaming as Commercial Hotel – sale of liquor for consumption on the premises, or on and off the premises.

Current trading hours of the Royal Hotel are 10:00am to 12midnight – Monday to Sunday.

Proposed Trading Hours: 9:00am to 12midnight – Monday to Sunday.

The outdoor dining area approved by Council is located on McDowall Street and Hawthorn Street – three tables located in McDowall Street from the furthest eastern entrance to where subway adjoins the Hotel. These tables will seat four (4) persons, four(4) persons and six (6) persons respectively. The remaining five tables will be located on Hawthorn Street and seat four (4) persons on each table.

After consultation with Sam Ingham-Myers, it is revealed that the kitchen of the Hotel is currently open from 7.00am to 10.00pm Monday to Friday and 8.00am to 10.00pm Saturday and Sunday.

Therefore, Council need to consider this application and the possible flow on affect it may have on other similar licensed liquor outlets within the Roma town area (possible eleven (12) licensed outlets). There is considerable concern should all outlets make application to have footpath dining, the dining area to be licensed and trading hours be extended to be similar to this application.

There are currently no facts (positive/negative) for Councilors to rely on to approve and or decline, in this decision making process in reference to the proposed hours, as there is no precedence. However, there is concern over safety of the community, visual aesthetics of alcohol consumption on the Streets in Roma, and acceptable behavior standards in the footpath dining area. As such, it is recommended that the hours approved for consumption of alcohol in the footpath dining area be regulated to the usual eating timeframes.

Roma Police Officer Barry Winter advised that the behavior at licensed premises, especially in the later hours of the night is not acceptable, and the Police service is called to a number of incidents. The extension of consumption hours has the potential to increase such incidents.

Consultation (internal/external):

Barry Winter – Police Officer Roma

Kathy King – Office of Liquor and Gaming Regulation

Robert Hayward Director Planning and Environment

Risk Assessment (Legal, Financial, Political etc.):

High safety risk to the community and personnel whom police licensed premises

Financial implications – as footpath not utilized entirely for gazette purpose if proposal has a positive outcome for the consumption of alcohol

Political implications

Policy Implications:

Change in use of footpath use – has a potential to escalate through possible applications from other licensed businesses.

Financial Resource Implications:

Extra costs for policing of licensed premises

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.3.3(a) To undertake Council’s regulatory function in relation to the administration of Environmental Health legislation and associated regulations in a consistent and responsible manner in the interests of maintaining community standards and wellbeing.

Supporting Documentation:

Nil.

Report authorised by:

Robert Hayward, Director - Development, Facilities & Environmental Services

Maranoa Regional Council

General Meeting - 13 November 2013

Officer Report

Meeting: General 13 November 2013	Date: 8 November 2013
Item Number: L.2	File Number: D13/54579

Subject Heading: Council Controlled Land Clean Up

Classification: Open Access

Name of Applicant: N/a

Location: N/s

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

Executive Summary:

Over the past two years Council has been working with the landholders of 24 Spencer Street Roma described as Lot 1 on RP 72306 in an attempt to clean up their premises. To date, there has been very little effort from the landowners to remove matter from the yard to ensure compliance of Council’s Local Law and or the safety of the community.

Officer’s Recommendation:

That Council commence enforcement action stated in Part 5 Enforcement, of Local Law No. 1 (Administration) 2011, for the clean up land described as Lot 1 on registered Plan RP 72306. A fee of approximately six thousand dollars ($6 000.00) be recovered should Council be required to clean up the described urban land in accordance with Item 1 written below.

Section 28 Power to remove and cost recovery

(2) An authorised person may seize (by dismantling if necessary) and impound the structure or thing if its immediate removal is necessary

(a) in the interests of public health or safety; or

(b) to prevent environmental harm, property damage or loss of amenity.

And:

a) Set the prescribed fee for the implementation of the clean up process for Lot on Plan located at 24 Spencer Street Roma at six thousand dollars ($6 000.00); and

b) The cost recovery fees be invoiced to Mr and Mrs Tanasovic (owner of the land) upon Council implementing action to clean up; and

c) Provide Mr and Mrs Tanasovic with Council’s debt payment timeframe of 30 days, and advise that they may write to Council requesting a ‘payment plan’ agreeable to both parties.

Body of Report:

Council has sought assistance over the past two years to implement action to clean up of the urban land described as Lot 1 on Plan RP 72306 (24 Spencer Street Roma) from Mrs Joan Tanasovic, who is an equal part owner.

In this timeframe, Mrs Tanasovic has met with Council officers advising of the a number of issues that has prevented the clean up process. However, after such consultation and promise to implement action to reduce the impact of the urban premises, the land remains in the same condition with the exception to the front yard.

There is an assortment of machinery equipment, five vehicles, materials and conglomerate of building, gardening and other matter stored on the allotment.

The neighbouring landholder is very concerned about the status of this premises and the risk poised to the immediate environs that surrounding this urban allotment.

An inspection of the premises was conducted on Thursday 31 October 2013 from the neighbours land, with a number of photographs depicting the status of the allotment has not changed over time.

The following process will be implemented by Council for the clean-up of urban allotments in accordance with Local Law No. 1 (Administration) 2011

Part 5 – Enforcement of Local Law No. 1 (Administration) 2011 is as follows:-

1. Issue a Remedial/Compliance Notice – allowing a reasonable time for the responsible person to comply with the Notice. (Council’s workflow process allows 14 days for the person/responsible person to implement remedial action).

2. In the event the remedial works are not completed within the stated time, Council may issue a further Compliance Notice extending the time period, generally by an additional seven (7) days.

3. Should the items still remain on the urban allotment at the end of the Compliance Notice timeframe, Council may seize, (dismantle if necessary) and impound the materials.

4. It is recommended that in seizing and impounding items, Council remove the items and secure such items at the Roma Refuse site.

5. The owner may reclaim impounded items if;

a. Written application is made to the Chief Executive Officer, providing a suitable mutual storage process and area; and

b. The applicant pays the prescribed fee (the cost of impounding the items)

6. At the expiry of one (1) month since the date of impounding, the impounded items are forfeited to the local government, to dispose of the items by public auction or tender, following an advertisement published at least 14 days before the proposed sale.

7. The proceeds of the sale of the impounded items must be applied as:-

a. Firstly towards the costs of the sale or disposal;

b. Secondly towards the prescribed fee (cost of impounding); and

8. The Local Law enables Council to recover the cost of action taken under this section as a debt from the person responsible for the activity.

It is expected that the clean up process costs, if conducted by Council employees and/or Council contractors, will be approximately six throusand dollars ($6 000.00).

If this action is taken, there is a risk that:-

1. The value of the items seized and impounded, which can be sold by Council to recover the cost of action, may not cover the cost of action; and

2. Council’s action may be seen as setting a precedence for a number of other properties that should be cleaned up by the owners who are unable to do the work or pay for the work to be done.

Consultation (internal/external):

Bob Whip (neighbor)

Rob Hayward Director Planning, Facilities & Environment

Rhonda Abberton Contract Local Law Officer

Risk Assessment (Legal, Financial, Political etc.):

Legal risk should Council not implement any action.

Financial risk should Council not be able to recoup clean up costs

Political implications should Council not action requirements of Local Law

Policy Implications:

Requirements of Local Law must be implemented by Council

Financial Resource Implications:

Cost to Council in recovery of money should the prescribed fee not be paid by the landowner

Link to Corporate Plan:

Supporting Documentation:

Nil

Report authorised by:

Robert Hayward, Director - Development, Facilities & Environmental Services

Maranoa Regional Council

General Meeting - 13 November 2013

Officer Report

Meeting: General 13 November 2013	Date: 11 November 2013
Item Number: L.3	File Number: D13/54807

Subject Heading: Request for contribution towards development works (Ref: 2012/18048 & 2013/18589)

Classification: Open Access

Name of Applicant: Axial Resources and Development Pty Ltd C/- Tony Horn

Location: 197-229 Currey Street, Roma Qld 4455 (Lot 151 Plan M536)

Author & Officer’s Title: Ruth Golden, Specialist - Development Engineer

Executive Summary: Tony Horn has requested Council contribute towards the works required by conditions of a development permit for Reconfiguring a Lot (1 lot into 6 lots) and Material change of use for “Industry” (Medium Impact Industry) at 197-229 Currey Street, Roma.

Officer’s Recommendation: Tony Horn be thanked for his offer but as Council has not budgeted to upgrade Currey Street or Corfe Road to an asphalt standard in the near future, the request be refused.

Body of Report: Tony Horn has requested Council contribute towards the works required by conditions of a development permit for Reconfiguring a Lot (1 lot into 6 lots) and Material change of use for “Industry” (Medium Impact Industry) at 197-229 Currey Street, Roma.

The development approval was issued by Council on 17 August 2012 and subsequently amended on 17 January 2013 and 18 June 2013. Operational Works approval was granted for the development works on 23 April 2013.

Conditions of the development approvals require Currey Street to be upgraded to an industrial standard from the intersection with the Warrego Highway to the intersection of Corfe Road. Drainage works are also required to be undertaken at Corfe Road.

Mr Horn has asked if Council would be willing to carry out the works without payment from him, if he were to contribute the fixed costs of supplying precast concrete products (including concrete culverts and drainage pipes), street lighting and applying the AC sealing.

Quotes obtained by Mr Horn from Humes and Boral for the supply of the concrete products and asphalt total $201,000.00.

Under the arrangement proposed by Mr Horn the works contributed by Council would include finishing the road ready for AC sealing, installing stormwater pipes and culverts, kerbing and earthworks.

Mr Horn believes there is a strong public benefit in upgrading Currey Street to a sealed standard and to an extent, upgrading Corfe Road. He explained that the works would be “for the good of the public” as Currey St will be used by other developments in the area including the Council Depot.

The site is located within the Roma Priority Infrastructure Area. The development approval does not require the payment of infrastructure contributions as the credit for the site exceeded the charge applicable under the policy in effect at the time the approval was granted. The development can be considered out of sequence as infrastructure such as roads and sewer have not been constructed to an urban standard, to the boundary of the development site.

Consultation (internal/external):

- Manager Infrastructure, Planning & Design

Risk Assessment (Legal, Financial, Political etc.):

Nil

Policy Implications:

Nil

Financial Resource Implications:

Nil

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.3.1(a) Regulate and control development in a consistent and responsible manner that enhances the lifestyle of our community whilst promoting sustainable development.

Supporting Documentation:

1 View	Applicant request for contribution towards development works	D13/55027
2 View	Approved subdivision plan	D13/55025

Report authorised by:

Danielle Pearn, Coordinator - Planning

Robert Hayward, Director - Development, Facilities & Environmental Services

Maranoa Regional Council

General Meeting - 13 November 2013

Officer Report

Meeting: General 13 November 2013	Date: 12 November 2013
Item Number: L.4	File Number: D13/55147

Subject Heading: Maranoa Economic Update - August 2013

Classification: Open Access

Name of Applicant:

Location:

Author & Officer’s Title: Ryan Gittins, Coordinator - Economic Development

Executive Summary:

The third in a series the 2013 Maranoa Economic Update, published by AEC Group Ltd, was tabled at Council’s Workshop on 12 Nov 2013 in order to provide an overview of its content.

Council’s approval is sought to promulgation it to the community via Councils website and to potential investors in electronic and hard form.

Officer’s Recommendation:

That Council receive the Maranoa Economic Update report, as tabled at Council Workshop 12 Nov 2013, and approve its promulgation via the Invest Maranoa website and other means.

Body of Report:

As per discussion at Council’s Workshop on 12 Nov 2013.

Consultation (internal/external):

Councilors – Council Workshop 12 Nov 2013

Ed Sims, Manager – Major Projects, Economic Development & Tourism

AEC Group Ltd

Risk Assessment (Legal, Financial, Political etc.):

Nil

Policy Implications:

Nil

Financial Resource Implications:

Nil

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.4.1(a) To proactively identify and encourage actions which facilitate the sustainable development of the regional economy.

Supporting Documentation:

Nil

Report authorised by:

Edward Sims, Manager - Major Projects, Economic Development & Tourism