G/5.1.3 CENTRAL QUEENSLAND LOCAL GOVERNMENT ASSOCIATION … October 201… · G/5.1.3 CENTRAL QUEENSLAND LOCAL GOVERNMENT ASSOCIATION OF QUEENSLAND ANNUAL GENERAL MEETING Responsible

GLADSTONE REGIONAL COUNCIL GENERAL MEETING -4 OCTOBER 2011

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G/5.1.3 CENTRAL QUEENSLAND LOCAL GOVERNMENT ASSOCIATION OF

QUEENSLAND ANNUAL GENERAL MEETING Responsible Officer: Chief Executive Officer Council Meeting Date: 4 October 2011 Executive Summary: This report seeks Council's formal endorsement of delegates for the Central Queensland Local Government Association (CQLGA) annual general meeting (AGM) and to gauge elected member feedback on nominations for the position of President for the 2011/12 year. Background: Attached is a letter from the CQLGA inviting Council to nominate two delegates for all voting activities at the CQLGA AGM. Members may also wish to nominate an elected member from this Council or another CQLGA member Council for the position of President for the 2011/12 year. Comment: Nil Alternatives Considered: Nil Link to Corporate/Operational Plan: 9.1.2 Outcome 2 (IV): Use a strong framework of regional networks to advance regional interests Communication/Consultation (Internal/External): Nil Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil Asset Management Implications:


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Nil Environmental Implications: Nil Officer's Recommendation: For Members consideration. Attachments: 1. Letter from CQLGA dated 12 September 2011. Tabled Items: 1. Nil Report Prepared by: Assistant to the Chief Executive Officer


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G/5.1.4 MONTHLY OPERATIONAL REPORT FOR PERIOD ENDING 31 AUGUST

2011 Responsible Officer: Chief Executive Officer Council Meeting Date: 4 October 2011 Executive Summary: This report recommends that Council receive and note the Monthly Operational Report for the period ending 31 August 2011. Background: Attached is the monthly operational report for the period ending 31 August 2011 for members' consideration. The report provides an overview of operational activities within Council's departments and financial information based on Council's adopted business units. Comment: Nil Alternatives Considered: Nil Link to Corporate/Operational Plan: 9.1.2 Outcome 2.1: 1. Manage Council's financial and physical resources to the most beneficial and sustainable effect. Communication/Consultation (Internal/External): Not applicable Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil Asset Management Implications: Nil


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Environmental Implications: Nil Officer's Recommendation: That Council receive and note the Monthly Operational Report for the period ending 31 August 2011. Attachments: 1. Monthly Operational Report for period ending 31 August 2011. 2. Monthly Financial Reports for period ending 31 August 2011. Tabled Items: 1. Nil Report Prepared by: Assistant to the Chief Executive Officer


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G/5.1.5 PROPOSED GLADSTONE REGIONAL COUNCIL DELEGATION TO SAIKI

JAPAN Responsible Officer: Chief Executive Officer Council Meeting Date: 4 October 2011 Executive Summary: The Mayor seeks formal approval to lead a delegation of council officers and interested citizens to Saiki from 7 to 10 November 2011. Background: The bond between the Gladstone Region an its Japanese Sister City Saiki was strengthened at Council's Meeting on 6 September with the affirmation of a new formal agreement of friendship. The signing celebrated the 15th anniversary of the original agreement signed by then Gladstone City Council Mayor Peter Corones and his Saiki City Council counterpart Yuichi Sato on 4 September 1996. It is important that Council continues to maintain the strong formal friendship and visits as it is of great benefit to both cities. The affirmation recognises the close relationship that exists between the communities and will serve to focus not only on the past but also on the future of mutual respect, interaction and friendship. On 15 July 2008, pursuant to the amalgamation of Councils, Council reaffirmed its commitment to the Sister City relationship. At that meeting Council agreed, in principle, to proposals to have the Gladstone and Saiki Mayors arrange reciprocal visits once during each electoral term. In keeping with that decision our Mayor is proposing to lead a small delegation of Council staff and interested residents to Saiki from 7th to 11th November 2011. Comment: Nil Alternatives Considered: Nil Link to Corporate/Operational Plan: Corporate Plan Outcome C.1 A strong overarching regional identity which also recognises and supports local community identity Outcome C.2 A vibrant community with strong support networks Operational Plan


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Outcome C.2.13 Cultural exchange is promoted through the Sister City Relationship Communication/Consultation (Internal/External): The Gladstone Saiki Sister City Advisory Committee encourages and participates in such exchanges. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Provision has been made in the 2011/12 Budget to accommodate expenses relative to the Mayor and relevant Council Officers. Other Council Officers and interested citizens will be responsible for their own expenses. Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That approval be given to the Mayor to lead a delegation of Council officers and interested citizens to Saiki from 7 to 10 November 2011. Attachments: Nil Tabled Items: Nil Report Prepared by: Personal Assistant to the Mayor


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G/5.2 INFRASTRUCTURE SERVICES G/5.2.1 APPLICATION FOR PERMANENT ROAD CLOSURE ADJOINING LOT 2 ON

RP889922, PARISH OF TONDOON Responsible Officer: Director Infrastructure Council Meeting Date: 4 October 2011 Executive Summary: This report provides Council with information on an application received by the Department of Environment and Resource Management, for a permanent road closure to enable amalgamation with Lot 2 on RP889922, Parish of Tondoon. Background: This section of road reserve is located adjacent to a child care facility (Rainbow Valley Early Learning Centre), at the end of Uniting Place, Telina cul-de-sac. Lot 2 on RP889922, backs onto Glenlyon Road which Gladstone Regional Council plan to upgrade to four lanes, in the near future. Comment: Council owns Lot 1 on RP889922, (the property which the road reserve services) and if it were closed, the only access would be via Glenlyon Road, which would not be a suitable to access, once it has been upgraded to four lanes. Alternatives Considered: Nil Link to Corporate/Operational Plan: 1.2.1. Manage Council's financial and physical resources to the most beneficial and sustainable effect. 4.1.1 Strategy: Plan, develop, and maintain effective road networks and transport infrastructure across the region. Communication/Consultation (Internal/External): Department of Environment and Resource Management, Gladstone Regional Council Infrastructure Services Officers Legal Implications (statutory basis, legal risks): Nil


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Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That

1. Council advise the Department of Environment and Resource Management that they are opposed to the permanent closure adjoining Lot 2 on RP889922, Parish of Tondoon, on the basis that the road reserve may be required for its intended purpose in the future.

Attachments:

1. Letter from DERM requesting Council's views or requirements including drawing no. 11/035/CEN.

2. Aerial layout of Lot 2 on RP889922 and surrounding Lots. Tabled Items: 1. Nil Report Prepared by: Director Infrastructure Services


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G/5.2.2 ACCESS TO WARNECKE'S PROPERTY LOT 102 ON FD167, BRUCE

HIGHWAY, COLOSSEUM Responsible Officer: Director Infrastructure Council Meeting Date: 4 October 2011 Executive Summary: The purpose of this report is to allow Council to consider a request from Mark and Helena Warnecke, for Council to assist them with access to their property from the Bruce Highway via an unmade road reserve. Background: Mark and Helen Warnecke own the property defined as Lot 102 on FD167, off the Bruce Highway, Colosseum (see Attachment A). In the first half of 2010 Mark and Helen Warnecke contacted Council seeking assistance in relation to access to their property from the Bruce Highway via an unmade road reserve. In most places there are no fences or survey marks and it is impossible to distinguish the actual location of the road reserve. A lightly worn path defines the route that has been used over time. This request resulted in extensive toing and froing and ultimately involved state members, Councillors, and a number of different staff members. The most relevant letters in relation to the request are (see Attachment B);

14 June 2011 Director of Infrastructure to Mark and Helen Warnecke 13 April 2011 Director of Infrastructure to Rob Messenger MP 14 April 2011 Director of Infrastructure to Mark and Helen Warnecke 21 April 2010 Director of Infrastructure to Mark and Helen Warnecke 06 July 2010 Director of Infrastructure to Mark and Helen Warnecke 22 July 2010 Director of Infrastructure to Mark and Helen Warnecke

Council’s position has essentially been that;

Mark and Helen Warnecke purchased the property which was connected to the Bruce Highway via 1.9km of unmade road, containing a number of depressions likely to concentrate water.

The value of the property would have reflected the standard of access The cost to construct a gravel road to connect the property to the Bruce

Highway including drainage treatments at the “sag” locations, would be very expensive and beyond Councils reach if Council was to maintain its regular maintenance, renewal and capital commitments.

Carrying out minor repairs and maintenance on the unmade road would be ineffective and may encourage the Warnecke’s (and potentially others at different locations) to continue to push for more and more works.

The Warnecke’s position has been that;

They pay rates and thus deserve some sort of service They don’t expect the unmade road to become a formed or gravelled road The road reserve is not restricted to their exclusive use.


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They would like Council to fill the boggy areas however if this was not possible they would like to be able to do the works themselves without excessive rules, regulations and compliance costs.

On the 16 September 2011, Council’s newly appointed Director of Infrastructure met the Warnecke’s at their request on site. This meeting confirmed that the Warnecke’s would like to be able to place some gravel in the worst of the boggy locations in order to make vehicle access more reliable and allow them to truck out half a dozen or so cattle from their property. The main source of concern appeared to be the conditions under which Council would allow this to occur were considered prohibitive (by the Warnecke’s). These conditions are listed in the local law form (WO.1..2.V2) (see Attachment C) particular;

The requirement to have public liability insurance The requirement to have traffic control management The requirement to lodge an application fee to seek permission to do the work The quality of the fill required to fill the boggy black soil locations The standard of workmanship required by Council

Comment: Clearly a common-sense simple approach that still protects Councils interests is needed here. The following is proposed; That Council issue a licence (Permit 5 on Form WO.1..2.V2) to the current owners of Lot 102 on FD167 as follows; Location: The public road reserve connecting Lot 102 on FD167 to the Bruce

Highway, Colosseum. Purpose: Placement of select fill at soft spots to allow the safe passage of

vehicles. Conditions: 1. Conditions 1 to 11 inclusive on Form WO.1..2.V2 be waived 2. The application fee of $200 be waived

3. Any surplus soil/fill generated as a result of the works is to be relocated to Lot 102 on FD167 and placed in a manner that does not impact on land outside the boundary of Lot 102 on FD167 4. Councils Infrastructure Services Department is to be advised (via 07 4970 0700) at least two business days prior to commencement of works in accordance with this licence.

Period: As required Further: 1. During times when the unmade road in the public road reserve

becomes untrafficable to vehicles the owners of Lot 102 on FD167 are permitted to walk 12 cattle along the road reserve in any 24 hour period, in a manner and at a time that minimises the impact of the cattle on the road reserve.

2. Unreasonable damage (as determined by the Director Infrastructure

Services) to the road reserve as a result of traffic from Lot 102 on FD167 (cattle and/or vehicle and/or other) is to be rectified by the owner


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of Lot 102 on FD167 to the satisfaction of the Director Infrastructure Services, in accordance with this licence.

Alternatives Considered: Full gravel road construction (cost prohibitive); Do nothing (problem would still remain). Link to Corporate/Operational Plan: 1.2.1 Manage Council's financial and physical resources to the most beneficial and sustainable effort. 3.4.1 Provide an effective rural road network. 4.1.1 Plan, develop and maintain effective road networks and transport across the region. Communication/Consultation (Internal/External): Mark and Helena Warnecke, Councillors, the Mayor, Member for Burnett, Council's Rural Operations Southern Overseer, former and current Director Infrastructure Services Legal Implications (statutory basis, legal risks): The proposed work would be considered a prescribed activity as defined in proposed Local Law 1, ie

Alteration or improvement to local government controlled areas and roads (placing of fill)

Undertaking regulated activities on local government controlled areas and roads (walking stock)

Issuing the licence as described above would be in accordance with;

Section 9 Local government’s discretion in granting approvals (see Attachment D)

Section 10 Conditions of approval (see Attachment D) Note: Local Law 1 is yet to be adopted but operating in accordance with it would allow Council to demonstrate that it was acting reasonably. The remoteness, unmade nature of the road reserve and the secluded nature of the road reserve creates little risk in waiving the standard conditions 1 to 11 inclusive on Form WO.1..2.V2. Executing the work as a licence requires the licence holder to indemnify Council in relation to the works. Policy/Local Law/Delegation Implications: This situation is not clearly covered within Councils Policy “Construction of Roads in Rural Areas”. As Construction of a road is not being sought, and maintaining and/or upgrading an existing road is not being sought. Waiving application fees may create a precedent, however given the long history of this dispute, costs incurred by Council to state/defend its position, and the likely value of


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the work waiving the fee could be justified as a “special case” in the interest of resolving the matter. Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That 1. That upon application from the current owners of Lot 102 on FD167 Council

issue a licence (Permit 5 on Form WO.1..2.V2) as follows; Location: The public road reserve connecting Lot 102 on FD167 to the Bruce

Highway, Colosseum. Purpose: Placement of select fill at soft spots to allow the safe passage of vehicles. Conditions: 1. Conditions 1 to 11 inclusive on Form WO.1..2.V2 be waived 2. The application fee of $200 be waived

3. Any surplus soil/fill generated as a result of the works is to be relocated to Lot102 FD167 and placed in a manner that does not impact on land outside the boundary of Lot 102 on FD167 4. Councils Infrastructure Services Department is to be advised (via 07 4970 0700) at least two business days prior to commencement of works in accordance with this licence.

Period: As required Further: 1. During times when the unmade road in the public road reserve

becomes untrafficable to vehicles the owners of Lot 102 on FD167 are permitted to walk 12 cattle along the road reserve in any 24 hour period, in a manner and at a time that minimises the impact of the cattle on the road reserve.

2. Unreasonable damage (as determined by the Director Infrastructure

Services) to the road reserve as a result of traffic from Lot 102 on FD167 (cattle and/or vehicle and/or other) is to be rectified by the owner of Lot 102 on FD167 to the satisfaction of the Director Infrastructure Services, in accordance with this licence.


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2. That council advise the owners of Lot 102 on FD167 (in writing and via a note on the property file) that it does not intend to carry out any maintenance or improvements to the unmade road, within the public road reserve that connects their lot to the Bruce Highway, now or in the foreseeable future.

Attachments: 1. A. - Aerial layout showing low points 2. B. - Correspondence to and from Council relating to works on the road reserve. 3. C. - Local Law Form WO.1..2.V2 4. D. - Sections 9 & 10 from Local Law 1 Tabled Items: 1. Nil Report Prepared by: Director Infrastructure Services


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Documents

G/5.1.3 CENTRAL QUEENSLAND LOCAL GOVERNMENT ASSOCIATION … October 201… · G/5.1.3 CENTRAL QUEENSLAND LOCAL GOVERNMENT ASSOCIATION OF QUEENSLAND ANNUAL GENERAL MEETING Responsible