SOUTHERN DOWNS REGIONAL COUNCIL GENERAL MEETING OF...

General Council Meeting - 27 February 2013

SOUTHERN DOWNS REGIONAL COUNCIL

GENERAL MEETING OF

COUNCIL

MINUTES OF THE GENERAL MEETING OF COUNCIL

Held in the Council Chambers on

Wednesday, 27 February 2013 at 9.00 am


WEDNESDAY 27 FEBRUARY 2013 General Meeting of Council ORDER OF BUSINESS: ITEM PRECIS PAGE

1. PRESENT 5

2. APOLOGIES 5

3. CONDOLENCES 5

3.1 Condolences 5

4. READING AND CONFIRMATION OF MINUTES 5

5. DECLARATION OF CONFLICTS OF INTERESTS 6

6. RESUMPTION OF DEBATE ON MOTIONS OR ORDERS OF THE DAY LAPSED AT PREVIOUS MEETINGS

6

7. READING AND CONSIDERATION OF CORRESPONDENCE 6

7.1 Correspondence 6

8. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS 6

9. PLANNING AND ENVIRONMENT COMMITTEE REPORTS 7

9.1.1 Review of Development Assessment Panel 7

9.1 Development Assessment Panel 7

9.2 Proposed Administrative and Minor Amendments to the Southern Downs Planning Scheme

7

9.3 Material Change of Use - L & P Keong, New England Highway, Glengallan

27

9.4 Material Change of Use - NBN Co Limited, Hendon-Deuchar Road, Deuchar

29

9.5 Northern Granite Belt Waste Transfer Station 34

10. COMMUNITY SERVICES COMMITTEE REPORTS 34

10.1.1 Acknowledgement of Assistance - 2013 January Flood Event 34

10.1.2 Acknowledgement of Volunteers 35

10.1 Director Community Services Report 35

10.2 Southern Downs Investment Attraction Guideline 35

10.3 Flexible Funding - Human & Social Subcommittee Update 37

10.4 Young Ambassador and Young Delegate Program 2013 37


11. ENGINEERING SERVICES COMMITTEE REPORTS 38

11.1 Engineering Services Directorate Monthly Report 38

11.2 Amendment to Roads & Streets Naming Policy 38

11.3 Proposed Engagement of Consultants to Assist in the Damage Assessment and Preparation of NDRRA Submissions for Council Assets for "Tropical Cyclone Oswald and Associated Rainfall and Flooding, 21-29 January 2013" Event

47

11.4 Easey Street Stormwater Mitigation and Land Resumption 47

11.5 Prioritised Recommendations from the Warwick Stormwater Drainage Mitigation Study

48

11.6 Irrigation Water Supply Options for Morgan Park 49

12. CORPORATE SERVICES COMMITTEE REPORTS 49

12.1 Amendments to the Delegations Register from Council to CEO and the Debt Collection and Write-Off Policy

49

12.2 Financial Report as at 31 January 2013 58

13. REPORTS OF DEPUTATIONS CONFERENCES ETC. 64

14. REPORTS FROM DELEGATES APPOINTED BY THE COUNCIL TO OTHER BODIES

64

14.1 Reports from Delegates Appointed by the Council to Other Bodies 64

15. OFFICER’S REPORTS 65

15.1 January 2013 Ex Tropical Cyclone Oswald and Associated Rainfall and Flood Disaster Event Debrief

65

15.2 Nomination of Representative to Darling Downs-Moreton Rabbit Board

66

15.3 Briefing Session Topics 66

16. NOTICE OF MOTION 67

16.1 Notice of Motion - Proposed Partnership Agreement with Southern Queensland Country Tourism

67

16.2 Notice of Motion - Guidelines for Councillors - Advice From and Access to Staff

67

16.3 Notice of Motion - Review of Operation of Local Disaster Management Committee

68

16.4 Notice of Motion - General Meetings 68

16.5 Notice of Motion - Wet & Dry Plant Hire 69

16.6 Notice of Motion - Flood Repair Work on Non-Constructed Roads 69


16.7 Notice of Motion - Pioneer Cottages Pensioner Units, 54 Fitzroy Street, Warwick

70

17. GENERAL BUSINESS 70

17.1 Flying Foxes 70

Meeting in Camera 71

Meeting out of Camera 71

18. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS 71

18.1.1 Planning and Environment Court Appeal 223 Pratten Street, Warwick

71

18.1 Legal Advice - Appeal to Planning & Environment Court, R Moulden, 223 Pratten Street, Warwick CONFIDENTIAL

72

18.1.2 Planning & Environment Court Appeal 223 Pratten Street, Warwick - Legal Advice

72

18.2 Water Access & Consumption Charges Exemption - Confidential CONFIDENTIAL

73

18.3 Organisational Review 73

MEETING CLOSURE 74

General Council Meeting - 27 February 2013 5

1. PRESENT

Present: Crs Blundell (Chair), Bartley, Gow, Ingram, Mackenzie, McNally, Meiklejohn, Pennisi and Rees.

In Attendance: Andrew Roach (Chief Executive Officer), David Tuxford (Director Corporate

Services), Peter See (Director Engineering Services), Ken Harris (Director Planning & Environment), Tony Minuti (Director Community Services), Marion Seymour (Minute Secretary)

2. APOLOGIES

Nil.

3. CONDOLENCES

3.1 Condolences

Recommendation

THAT the report of the Chief Executive Officer dated 15 February 2013 in relation to Condolences be received. Resolved

Carried

4. READING AND CONFIRMATION OF MINUTES

Moved Cr G Rees Seconded Cr J Mackenzie. THAT the minutes of the General Council Meeting held on 23 January 2013 be adopted.

Carried


5. DECLARATION OF CONFLICTS OF INTERESTS

Item No

Item Precis Nature of Conflict


Cr Blundell declared that a perceived conflict of interest in this matter (as defined in section 173 of the Local Government Act 2009), may exist due to his personal relationship with the Marketing Manager for Granite Belt Wine and Tourism. Cr Blundell dealt with the perceived conflict of interest by stating that it was his determination that his personal interest is not of sufficient significance that it would lead to him making a decision on this matter that is contrary to the public interest. Cr Blundell participated in the discussion and voting on this matter.

6. RESUMPTION OF DEBATE ON MOTIONS OR ORDERS OF THE DAY LAPSED AT PREVIOUS MEETINGS

Nil.

7. READING AND CONSIDERATION OF CORRESPONDENCE

7.1 Correspondence

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Correspondence be received and that Council write to the Minister for State Development, Infrastructure and Planning acknowledging his letter to the Local Government Association in response to LGAQ Annual Conference Resolution No. 30 regards "Planning Approvals - Development Applications - Requirement for Government Departments to Formally Respond to Requests Regarding the Need for Infrastructure", advising the Minister that the content of the letter sent on his behalf by his Acting Chief of Staff did not address the issues of concern. Resolution Moved Cr N Meiklejohn Seconded Cr R Bartley.

Carried

8. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS

Nil.


9. PLANNING AND ENVIRONMENT COMMITTEE REPORTS

9.1.1 Review of Development Assessment Panel

Recommendation

THAT Council further consider the level of delegation to staff with a process of consultation with Councillors to be discussed at a future briefing session, and that representatives from the Local Government Association of Queensland be invited to that session to discuss pre-lodgement of applications.

Resolution

Moved Cr J Mackenzie Seconded Cr G Rees.

Carried

9.1 Development Assessment Panel

Recommendation

THAT the report of the Manager Planning Services dated 14 February 2013 in relation to Development Assessment Panel be received.

Resolution Moved Cr N Meiklejohn Seconded Cr J Mackenzie.

Carried

9.2 Proposed Administrative and Minor Amendments to the Southern Downs Planning Scheme

Recommendation

THAT the report of the Manager of Strategic Planning dated 12 February 2013 in relation to proposed amendments to the Southern Downs Planning Scheme be received and 1. THAT the planning scheme be amended as attached. The print in red is an addition and

the red with struck through print is a deletion. 2. THAT Council write to the Minister for State Development, Infrastructure and Planning

requesting an amendment to the Sustainable Planning Regulations to allow for dwelling houses in a residential zone to be subject to code assessment (rather than exempt) when the proposed development does not comply with the acceptable outcomes of relevant codes.


Attachments

1. Proposed amendments to the Southern Downs Planning Scheme Resolution Moved Cr J Mackenzie Seconded Cr R Bartley.

Carried


9.3 Material Change of Use - L & P Keong, New England Highway, Glengallan

Recommendation

THAT the report of the Senior Planning Officer dated 12 February 2013 in relation to Material Change of Use - Lance C & Phung T M Keong, New England Highway, Glengallan be received and the application for the purpose of a Dwelling house (not in accordance with Acceptable outcomes) on land at New England Highway, Glengallan, described as Lot 171 ML544, Parish of Glengallan, County of Merivale, be refused for the following reasons:

1. There is a high potential for conflict with existing or potential uses on the adjoining land, as the majority of the surrounding land is currently used for cultivation purposes. All surrounding land is included within the Strategic Cropping Land trigger map, therefore rural use of the surrounding land will continue in the foreseeable future. The proposed development cannot comply with the following sections of the Southern Downs Planning Scheme:

• Section 3.3.10.1 (5), Strategic Framework, Settlement pattern, Element: Land use impacts, Specific outcomes:

Existing rural activities are protected from incompatible uses including residential or rural residential uses by separation and buffering.

• Section 3.3.10.1[2] (6), Strategic Framework, Settlement pattern, Element: Land use impacts, Land use strategies:

The development of new dwellings in rural areas is controlled to ensure that separation distances and buffers around agricultural development … and industry are not compromised.

• Section 3.4.4.2 (1), Strategic Framework, Natural environment, Element: Environmental impacts, Land use strategies:

Land uses, such as residential uses, that are sensitive to environmental impacts are separated from development that has the capacity to generate nuisance noise and emissions, and from areas zoned for development that could potentially generate noise and emissions to the air including odour. The measures used to separate uses include the location of zones, requirements for buffers and criteria for the consideration of development applications in various zones.

• Section 3.6.1 (2), Strategic Framework, Natural resources and landscape, Strategic outcomes:

Primary production is a significant landscape element, has access to the natural resources of clean water and soil and contributes significantly to the economic wellbeing of the Southern Downs in terms of employment and income. Development, particularly residential and rural residential development, is managed to minimise impacts on existing and future farming and agricultural operations.

• Section 3.6.2.1 (3)(4)(5), Strategic Framework, Natural resources and landscape, Element: Rural land and production areas, Specific outcomes:

(4) Planning and approval powers are used to protect strategic cropping land and potential strategic cropping land from those developments that lead to permanent impacts or diminished productivity. Impacts are avoided, minimised and mitigated consistent with State Planning Policy 1/12.


(5) The potential for conflict between rural uses and other land use activities is minimised by location, design and management of potentially conflicting uses.

• Section 3.9.2.2 (3), Strategic Framework, Economic development, Element: Rural industries and primary production, Land use strategies:

The proximity of residential development, including individual houses, can compromise the continuing operation of rural activities because of conflict resulting from the impacts of the rural activities. Non-rural uses in the vicinity of agricultural land and activities are located, buffered, designed, constructed and operated to avoid conflict that could compromise the continued operation of any existing or approved rural activity.

• Section 6.2.10.2 (2)(f), Rural zone code, Purpose:

The local government purpose of the zone code is to provide for -

(a) Protect rural land for rural use.

(b) Protect good quality agricultural land from alienation or diminished productivity.

(f) Minimise potential for conflict between rural uses and other uses.

• Section 6.2.10.2 (3)(a)(i)(v)(viii), Rural zone code, Purpose:

The purpose of the code will be achieved through the following overall outcomes -

(v) The principles of State Planning Policy 1/92: Development and the Conservation of Agricultural Land and State Planning Policy 1/12 Strategic Cropping Land are followed and the productive capacity of land is protected and maintained.

(viii) Non-rural uses including tourist uses and industries to value add to rural enterprises:

a. are located, designed, oriented, constructed and operated to minimise impact on existing rural uses and are buffered from productive land;

• Section 6.2.10.3, Rural zone code, Assessment criteria:

PO2 Rural activity on land is protected from conflict with other uses that are not rural uses.

PO6 All uses are located, designed, oriented and constructed to minimise noise, dust, odour or other nuisance from existing lawful uses including rural and industry uses.

• Section 6.2.10.3, Rural zone code, Assessment criteria - Alluvial plains precinct:

PO1 Uses are limited to uses that add value to the productive use of the land and do not conflict with or reduce the productive capacity, hydrological functions or scenic values of the land. In particular –

(b) The use is not likely to cause conflict with agricultural practices;

• Section 9.3.7.3, Residential uses code, Assessment Criteria:

AO7.1 The dwelling is located on a site with an area of at least 4,000m² and is setback a minimum of 60 metres from side and rear lot boundaries.

AO7.2 The use is designed to ensure that:


(b) The indoor noise objectives set out in the Environmental Protection (Noise) Policy 2008 are met, and

(c) The air quality objectives in the Environmental Protection (Air) Policy 2008, and any relevant national or international standard (for example, the World Health Organisation Guidelines for Air Quality 2000) are met.

PO7 Dwelling houses and dual occupancy are located, designed and constructed to minimise the potential for conflict with existing or potential uses on adjoining land. This includes the potential of odour, spray drift, noise and dust associated with horticulture.

2. That the Applicant be encouraged to liaise with Council to obtain a more suitable site

for a house that complies with Council requirements, and that the owner be encouraged to approach adjoining landowners regarding amalgamation of the lot.

Resolution Moved Cr J Mackenzie Seconded Cr R Bartley.

Carried

9.4 Material Change of Use - NBN Co Limited, Hendon-Deuchar Road, Deuchar

Recommendation

THAT the report of the Senior Planning Officer dated 13 February 2013 in relation to Material Change of Use - NBN Co Limited, 224 Hendon-Deuchar Road, Deuchar be received and the application for a Community use (Telecommunication Facility) on land at Hendon-Deuchar Road, Deuchar, described as Lot 5 RP164660, Parish of North Toolburra, County of Merivale, be approved subject to the following conditions:

Schedule 1 - Southern Downs Regional Council Conditions Approved Plans

1. The development of the site is to be generally in accordance with the following proposal plans submitted with the application, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.

• Plan No. 4ALL-5101-C2, Revision 01, dated 23 May 2012, prepared by Daly International.



Land Use & Planning Controls

2. Any proposal to increase the scale or intensity of the use on the subject land, that is assessable development under the Planning Scheme, would be subject to a separate


application for assessment in accordance with the Sustainable Planning Act 2009 and would have to comply with the requirements of the Planning Scheme.

3. If the term of lease agreement for the lease area on Lot 5 RP164660 exceeds 10 years, the applicant must apply for Development Approval to Reconfigure a Lot in accordance with the Sustainable Planning Act 2009.

Building, Health & Development Compliance

4. The conditions of this approval are to be complied with to the satisfaction of the Director Planning and Environment, prior to the use of the building or site commencing.

Also, prior to the use of the building or site commencing, the following approvals are to be obtained:

• Building. A Form 21 (Final Inspection Certificate) must be issued.

This list of additional approval to be gained is provided for your information only. It is the developer’s responsibility to indentify any additional approvals for the development.

5. Building Approval is to be obtained in accordance with the Sustainable Planning Act 2009 for the proposed building work. The building application must be submitted to a Building Certifier with the appropriate forms, plans and fees associated with this application. The building plans are to accord with the plans approved in this approval. The building is to be constructed in accordance with the Building Approval prior to the commencement of the use. A Form 21 (Final Inspection Certificate) must be issued for the building works prior to the use commencing.

Amenity & Environmental Controls

6. All service equipment and refrigeration units are to be positioned and housed so as not to cause nuisance or disturbance to persons or property not connected with the development.

7. Any lighting device is to be so positioned and shielded so as not to cause any glare nuisance to any nearby residential property or passing motorist, or to shine upwards into the night sky.

8. No clearing of remnant vegetation or regulated regrowth vegetation is to occur under this approval, except as allowed under Schedule 2 of this approval. A Development Permit for Operational Works must be obtained from the Department of Environment and Heritage Protection for the clearing of any additional remnant vegetation, unless exempt under Schedule 24 of the Sustainable Planning Act 2009.

Carparking and Vehicle Access

9. Vehicle access to the site is to be constructed in accordance with Council’s standard, at the location shown on Plan No. 4ALL-5101-C2, Revision 01, dated 23 May 2012, prepared by Daly International. (Council’s Manager Design & Assets can provide details regarding Council’s standard.)

10. An application must be submitted and approved by Council for a permit under Southern Downs Regional Council's Local Law No. 1.15 (Carrying out Works on a Road or Interfering with a Road or its operation).

Aboriginal Cultural Heritage

11. In carrying out the development, all reasonable and practicable measures must be taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The cultural heritage duty of care is met if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help


determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.derm.qld.gov.au

Schedule 2 - Department of Natural Resources and Mines conditions as a Concurrence Agency

http://www.derm.qld.gov.au/


Resolution Moved Cr N Meiklejohn Seconded Cr V Pennisi.

Carried 9.45am Cr J Mackenzie left the meeting. 9.47am Cr J Mackenzie rejoined the meeting.

9.5 Northern Granite Belt Waste Transfer Station

Recommendation

THAT the report of the Manager Environmental Services dated 15th February 2013 in relation to the proposed Northern Granite Belt Waste Transfer Station be received and that the matter be deferred to allow Council to review the Draft Waste Management Strategy. Resolution Moved Cr V Pennisi Seconded Cr C Gow.

Carried

10. COMMUNITY SERVICES COMMITTEE REPORTS

10.1.1 Acknowledgement of Assistance - 2013 January Flood Event

Recommendation

THAT Council write to the Minister for Agriculture, Fisheries and Forestry; the Director General, Department of Agriculture, Fisheries and Forestry; and Mr Bill Bowen, acknowledging their assistance following the Cyclone Oswald 2013 January Flood Event.

Resolution

Moved Cr J Mackenzie Seconded Cr V Pennisi.

Carried


10.1.2 Acknowledgement of Volunteers

Recommendation

THAT Councillors provide details of any volunteers who assisted with the 2013 Flood Event to Council's Executive Administration Officer by the end of March to enable letters of thanks to be sent by Council

Resolution

Moved Cr J Mackenzie Seconded Cr N Meiklejohn.

Carried

10.1 Director Community Services Report

Recommendation

THAT the report of the Director Community Services dated 13 February 2013 in relation to the operations of the Department of Community Services be received. Resolution Moved Cr N Meiklejohn Seconded Cr D Ingram.

Carried

10.2 Southern Downs Investment Attraction Guideline

Recommendation

THAT the report of the Economic Development Officer dated 18 January 2013 in relation to Southern Downs Investment Attraction Guideline be received and that Council: 1. Note the contents of this brief; 2. Rescind the Investment Attraction and Preferred Industry policies; and 3. Endorse the Southern Downs Region Investment Guidelines. Resolution Moved Cr V Pennisi Seconded Cr J Mackenzie.

Carried Attachment


1. Amended Guidelines


10.07am Hon Bruce Scott MP joined the meeting to discuss current issues. The meeting adjourned for Morning Tea at 10.40am and reconvened at 11.00am at which time were present Crs Blundell, Bartley, Gow, Ingram, Mackenzie, McNally, Meiklejohn, Pennisi and Rees.

10.3 Flexible Funding - Human & Social Subcommittee Update

Recommendation

THAT the report of the Manager Community Development dated 13 February 2013 in relation to Flexible Funding – Human & Social Subcommittee Update be received and that Council delegate authority to the Mayor and Chief Executive Officer, in consultation with Councillors, to approve alternative activities to those recommended by the Human & Social Subcommittee, instead focusing on mental health support across the region. Resolution Moved Cr J Mackenzie Seconded Cr V Pennisi.

Carried

10.4 Young Ambassador and Young Delegate Program 2013

Recommendation

THAT the report of the Youth Development Officer dated 13 February 2013 in relation to the Young Ambassador and Young Delegate Program 2013 – be received and that the recommendation for endorsement of the final nominated appointee, Kelsey Fardell, for 2013 be accepted. Resolution Moved Cr N Meiklejohn Seconded Cr V Pennisi.

Carried


11. ENGINEERING SERVICES COMMITTEE REPORTS

11.1 Engineering Services Directorate Monthly Report

Recommendation

THAT the report of the Director Engineering Services dated 14 February 2013 in relation to Engineering Services Directorate Monthly Report be received and that:- 1. Council no longer require a report on the review of on street parking in the vicinity of

Warwick Central School and in the adjacent areas of Dragon Street due to the fact that: a. The Warwick CBD Parking Study adopted by Council on 23 January 2013

covers the Warwick Central School and b. The Condamine Medical Centre has increased onsite parking.

2. Council Officers investigate whether Council can appeal the rejection of the Quart Pot Creek Bank Protection works by the Queensland Reconstruction Authority. Should this appeal not be successful, Council should consider increasing the precept to Border Rivers Trust.

Resolution Moved Cr N Meiklejohn Seconded Cr J Mackenzie.

Carried

11.2 Amendment to Roads & Streets Naming Policy

Recommendation

THAT the report of the Personal Assistant dated 30 January 2011 in relation to Amendment to Roads & Streets Naming Policy be received and that Council adopt the amended PL-ES016 Roads and Streets Naming Policy. Resolution Moved Cr N Meiklejohn Seconded Cr V Pennisi.

Carried

Attachments

1. PL-ES016 Roads and Streets Naming Policy


11.3 Proposed Engagement of Consultants to Assist in the Damage Assessment and Preparation of NDRRA Submissions for Council Assets for "Tropical Cyclone Oswald and Associated Rainfall and Flooding, 21-29 January 2013" Event

Recommendation

THAT the report of the Manager Flood Recovery dated 18 February 2013 in relation to the Proposed Engagement of Consultants to Assist in the Damage Assessment and Preparation of NDRRA Submissions for Council Assets for "Tropical Cyclone Oswald and Associated Rainfall and Flooding, 21-29 January 2013" Event be received and that Council • approve the engagement of Local Government Infrastructure Services and their sub-

consultants to undertake detailed assessments and preparation of scopes of works and applications for funding under the Natural Disaster Relief and Recovery Arrangements and to investigate and arrange the best delivery mechanism for these works with the intention of utilising already mobilised resources to deliver the restoration works for damage caused in the event entitled “Tropical Cyclone Oswald and associated rainfall and flooding, 21-29 January 2013” and

• delegate to the CEO the authority to undertake the review and the final engagement

letter and enter into the agreement with LGIS. Resolution Moved Cr V Pennisi Seconded Cr J Mackenzie.

Carried

11.4 Easey Street Stormwater Mitigation and Land Resumption

Recommendation

THAT the report of the Director Engineering Services dated 11 February 2012 in relation to Easey Street Stormwater Mitigation and Land Resumption be received and that Council 1. Consider the proposed land resumption by Council engaging a land valuer to

determine the potential compensation of the land resumption. 2. Resolve to consider the proposed construction of 10 metre wide with 1:4 batters

concrete drain, and replacement of existing culverts on Wood Street with 6 cells x 2700mm x 900mm culverts, in the 2013/2014 Council Budget.

Resolution Moved Cr J Mackenzie Seconded Cr N Meiklejohn.

Carried


11.5 Prioritised Recommendations from the Warwick Stormwater Drainage Mitigation Study

Recommendation

THAT the report of the Director Engineering Services dated 13 February 2013 in relation to Prioritised Recommendations from the Warwick Stormwater Drainage Mitigation Study be received and that that Council accept the report and priorities as set down in table 1. Resolution Moved Cr J Mackenzie Seconded Cr N Meiklejohn.

Carried Attachment

11.44am Cr N Meiklejohn left the meeting. 11.45am Cr N Meiklejohn rejoined the meeting.


11.6 Irrigation Water Supply Options for Morgan Park

Recommendation

THAT the report of the Manager Water and Sewerage dated 11 February 2013 in relation to Irrigation Water Supply Options for Morgan Park be received and noted. Resolution Moved Cr V Pennisi Seconded Cr J Mackenzie.

Carried

12. CORPORATE SERVICES COMMITTEE REPORTS

12.1 Amendments to the Delegations Register from Council to CEO and the Debt Collection and Write-Off Policy

Recommendation

THAT the report of the Temporary Governance Officer dated 11 February 2013 in relation to Amendments to the Delegations Register from Council to CEO and the Debt Collection and Write-Off Policy be received and pursuant to section 257 of the Local Government Act 2009: A. THAT Council amend Delegation 641 of the Register of Delegations by the Southern

Downs Regional Council to the Chief Executive Officer as per the attached documents; and

B. THAT Council adopt the amended Debt Collection and Write-Off Policy to reflect the

adoption of the amendment as listed in Recommendation A, and as per the attached documents.


Carried

Attachments

Amended Delegation 641 under the Local Government Act 2009 - Council to CEO Page 13 of 13

PL-FS057 Debt Collection & Write-Off Policy


12.2 Financial Report as at 31 January 2013

Recommendation

It is recommended THAT: 1. The report of the Manager Finance dated 11 February 2013 in relation to the Financial

Report as at 31 January 2013 be received and noted; and

2. Council approve the amended Budget and 10 Year Financial Plan as per Attachment 2.


Carried

Attachments

1. Amended Budget and Long Term Financial Forecast


13. REPORTS OF DEPUTATIONS CONFERENCES ETC.

Nil.

14. REPORTS FROM DELEGATES APPOINTED BY THE COUNCIL TO OTHER BODIES

14.1 Reports from Delegates Appointed by the Council to Other Bodies Cr Bartley provided a verbal report on the River Trust.

Recommendation

THAT the verbal report of Cr Bartley regards the River Trust be received.

Resolved

Carried


15. OFFICER’S REPORTS

15.1 January 2013 Ex Tropical Cyclone Oswald and Associated Rainfall and Flood Disaster Event Debrief

Recommendation

THAT the report of the Disaster Management Coordinator dated Friday 15 February 2013 in relation to the Ex Tropical Cyclone Oswald and Associated Rain and Flooding Disaster be received and that:- A. The contents be noted. B. Council acknowledged the following issues that were raised by Cr Mackenzie and

noted the same have been referred to the Chief Executive Officer:-

1. Start a deputation to shift Killarney town centre out of flood zone; 2. Ensure drains are clean; 3. Ensure water supply reservoirs are full and treated; 4. Reinvigorate a network of contacts geographically spread along road system

and river systems at important nodes. Work out strategy if communications fail;

5. Killarney; sound fire alarm when Condamine breaks its banks; 6. See if there are Council personnel on either side of the cut off points to put out

signs etc; 7. Liaise with police to ensure compliance with road signs; 8. As soon as the water recede, get SES to start the first of the clean ups,

assisting the locals. There is no need for volunteer registers etc; 9. Leave road signs for as long as possible.

Resolution Moved Cr J Mackenzie Seconded Cr R Bartley.

Carried 12.02pm Cr J Mackenzie left the meeting. 12.04pm Cr J Mackenzie rejoined the meeting.


15.2 Nomination of Representative to Darling Downs-Moreton Rabbit Board

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Nomination of Representative to Darling Downs-Moreton Rabbit Board be received and that Cr Bartley be nominated as Council’s representative to that Board. Resolution Moved Cr C Gow Seconded Cr V Pennisi.

Carried

15.3 Briefing Session Topics

Recommendation

THAT the report of the Chief Executive Officer dated 20 February 2013 in relation to Briefing Session Topics be received and that contents noted. Resolution Moved Cr V Pennisi Seconded Cr D Ingram.

Carried


16. NOTICE OF MOTION


Cr Blundell declared that a perceived conflict of interest in this matter (as defined in section 173 of the Local Government Act 2009), may exist due to his personal relationship with the Marketing Manager for Granite Belt Wine and Tourism. Cr Blundell dealt with the perceived conflict of interest by stating that it was his determination that his personal interest is not of sufficient significance that it would lead to him making a decision on this matter that is contrary to the public interest. Cr Blundell participated in the discussion and voting on this matter.

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Notice of Motion - Proposed Partnership Agreement with Southern Queensland Country Tourism be received and that Council rescind resolution 18.2 passed at Council’s General Meeting held on 23 January 2013. Resolution Moved Cr J Mackenzie Seconded Cr R Bartley.

Lost Cr Blundell voted against the motion.

16.2 Notice of Motion - Guidelines for Councillors - Advice From and Access to Staff

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Notice of Motion - Guidelines for Councillors - Advice From and Access to Staff be received and the Chief Executive Officer will provide Councillors with an updated Guideline for Access to Staff as soon as possible. Resolution Moved Cr J Mackenzie Seconded Cr C Gow.

Carried


16.3 Notice of Motion - Review of Operation of Local Disaster Management Committee

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Notice of Motion - Review of Operation of Local Disaster Management Committee be received and that emergency management issues be brought to a future Council briefing session and that the role of Councillors in emergency management situations be considered at that session. Council acknowledged the appointment of Insp Greg Morrow as the reviewer of this process. Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Carried

16.4 Notice of Motion - General Meetings

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Notice of Motion - General Meetings be received and that Council hold to two General Meetings per month. Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Lost The Mayor accepted a call for a Division on the motion from the floor and the following votes were recorded: For: Councillors Bartley, Pennisi, Mackenzie and Gow (4) Against: Councillors Blundell, Meiklejohn, McNally, Ingram and Rees (5) Accordingly the Mayor declared the motion lost.


16.5 Notice of Motion - Wet & Dry Plant Hire

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Notice of Motion - Wet & Dry Plant Hire be received and that a current list of plant on Wet & Dry Hire be provided to Councillors. Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Carried

16.6 Notice of Motion - Flood Repair Work on Non-Constructed Roads

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2013 in relation to Notice of Motion - Flood Repair Work on Non-Constructed Roads be received and that subject to approval from the relevant Minister, Council allow repair work to be conducted on non-constructed roads situated in the 2013 flood affected areas to 30 September 2013 for the purpose of providing access to land used for primary production. Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Carried 1.07pm Cr J McNally left the meeting. 1.09pm Cr J McNally rejoined the meeting.


16.7 Notice of Motion - Pioneer Cottages Pensioner Units, 54 Fitzroy Street, Warwick

Recommendation

THAT the report of the Disaster Management Coordinator dated 19 February 2013 in relation to Notice of Motion Pioneer Cottages Pensioner Units, 54 Fitzroy Street, Warwick be received and that Council investigate the possibility of relocating the Pioneer Cottages Pensioner Street Units at 54 Fitzroy Street Warwick, following the most recent flooding of the facility, the third in two years through Government assistance. Resolution Moved Cr V Pennisi Seconded Cr R Bartley.

Carried

17. GENERAL BUSINESS

17.1 Flying Foxes

Recommendation

THAT Council engage the appropriate contractors to invoke imminent State Government approval for a order to move the flying fox colony that has been established on the riverbank at the rear of Hamilton Oval, and further that Council lobby State and Federal Governments for the funding of this process due to the location of the flying fox colony. Additionally, Council should continue to lobby State and Federal Governments to further develop studies into the behaviour of flying foxes.

Resolution

Moved Cr V Pennisi Seconded Cr J Mackenzie.

Carried The meeting adjourned for Lunch at 1.20pm and reconvened at 2.05pm at which time were present Crs Blundell, Bartley, Gow, Ingram, Mackenzie, McNally, Meiklejohn, Pennisi and Rees.


Meeting in Camera Recommendation THAT the meeting move into camera pursuant to Section 275(1)(b), (d) and (e) of the Local Government Regulation 2012 for the purposes of discussing staff, legal and rating matters. Council noted that it is the intent by doing so to keep all the matters discussed during the session strictly confidential. Meeting moved into camera at 2.08pm. Moved Cr C Gow Seconded Cr V Pennisi.

Carried

Meeting out of Camera Resolved THAT the meeting move out of camera at 3.50pm.

Carried

18. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS

18.1.1 Planning and Environment Court Appeal 223 Pratten Street, Warwick

Recommendation

THAT the report of the Manager Planning Services dated 14 February 2013 in relation to General Council Meeting Agenda Master 27 February 2013 (Minutes) be received and that the appellants be cordially invited on a "without prejudice" basis to provide Councillors with amended plans that satisfy Conditions (1) (d) and (f) regarding stormwater drainage and 4 single storey units of Development Approval Number at 223 Pratten Street Warwick at least 5 business days before the mediation session in March 2013 with a view of favourably agreeing to a Consent Order approving the development before the 30 March 2013.

Resolution

Moved Cr J Mackenzie Seconded Cr V Pennisi.

Lost


18.1 Legal Advice - Appeal to Planning & Environment Court, R Moulden, 223 Pratten Street, Warwick CONFIDENTIAL

Recommendation

THAT the report of the Manager Planning Services dated 14 February 2013 in relation to General Council Meeting Agenda Master 27 February 2013 (Minutes) be received and that Council:

(i) Consider the advice of Council's solicitor;

(ii) Delegate to the Chief Executive Office power to engage legal counsel and expert witnesses as necessary in defending Council's decision on this development application; and

(iii) Appoint the Chief Executive Officer as its delegate to participate in any formal mediation or without prejudice proceedings. The delegate is to have authority to commence, negotiate, mediate or settle this action and make an agreement as a result of without prejudice discussions, legal advice or mediation upon such terms as Council’s legal advisors may recommend or approve.

Resolution Moved Cr N Meiklejohn Seconded Cr J McNally.

Lost

18.1.2 Planning & Environment Court Appeal 223 Pratten Street, Warwick - Legal Advice

Recommendation

THAT the report of the Manager Planning Services dated 14 February 2013 in relation to General Council Meeting Agenda Master 27 February 2013 (Minutes) be received and that:-

1. Council:

(ii) Delegate to the Chief Executive Office power to engage legal counsel and expert witnesses as necessary in defending Council's decision on this development application; and

(iii) Appoint the Chief Executive Officer as its delegate to participate in any formal mediation or without prejudice proceedings. The delegate is to have authority to commence, negotiate, mediate or settle this action and make an agreement as a result of without prejudice discussions, legal advice or mediation upon such terms as Council’s legal advisors may recommend or approve.


2. The appellants be cordially invited on a "without prejudice" basis to provide Councillors

with amended plans that satisfy Conditions (1) (d) and (f) regarding stormwater drainage and 4 single storey units of Development Approval Number at 223 Pratten Street Warwick at least 5 business days before the mediation session in March 2013 with a view of favourably agreeing to a Consent Order approving the development before the 30 March 2013.

Resolution

Moved Cr J Mackenzie Seconded Cr R Bartley.

Carried

18.2 Water Access & Consumption Charges Exemption - Confidential CONFIDENTIAL

Recommendation

THAT the Confidential report of the Revenue and Systems Coordinator dated 3 January 2013 in relation to Water Access and Consumption Charges Exemption be received and that Council approves exemption of the Warwick Polocrosse Club from one water access charge and only charge them access fees for one 40mm meter, and charge water consumption rates at the same rate per kilolitre as properties connected to untreated dam water (Option 3). Resolution Moved Cr J Mackenzie Seconded Cr V Pennisi.

Carried

18.3 Organisational Review

Recommendation

THAT the Confidential Report of the Chief Executive Officer dated 25 February 2013 in relation to Organisational Review be received and that Council adopt the proposed organisational structure and option one to implement it effective as of 1 July 2013.

Resolution

Moved Cr N Meiklejohn Seconded Cr J McNally.

Carried


MEETING CLOSURE

There being no further business, the meeting closed at 3.55pm.

SOUTHERN DOWNS REGIONAL COUNCIL GENERAL MEETING OF...

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