GENERAL MEETING AGENDA - Home - Gladstone · PDF file · 2011-06-20general meeting agenda table of contents ... g/5.1.1 proceeding with the making of local laws ... gladstone regional

GENERAL MEETING AGENDA

TO BE HELD AT THE COUNCIL CHAMBERS - CIVIC CENTRE 101 GOONDOON STREET, GLADSTONE

On Tuesday 21 June 2011

Commencing at 9.00am

Graeme Kanofski CHIEF EXECUTIVE OFFICER

GLADSTONE REGIONAL COUNCIL GENERAL MEETING -21 JUNE 2011

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GENERAL MEETING AGENDA TABLE OF CONTENTS

ITEM SUBJECT PAGE

G/1 MAYORAL STATEMENT ON CURRENT ISSUES 4

G/2 MESSAGES OF CONDOLENCE 4

G/3 CONFIRMATION OF MINUTES 4

G/3.1 CONFIRMATION OF MINUTES OF GENERAL MEETING 7 JUNE 2011

4

G/4 SCHEDULE OF CONFIDENTIAL ITEMS 45

G/5 OFFICERS' REPORTS 45

G/5.1 OFFICE OF THE CHIEF EXECUTIVE OFFICER 45

G/5.1.1 PROCEEDING WITH THE MAKING OF LOCAL LAWS AND SUBORDINATE LOCAL LAWS AFTER SECOND ROUND OF PUBLIC CONSULTATION

45

G/5.1.2 CONSULTATION WITH THE MINISTER REGARDING EACH "OTHER" PROPOSED LOCAL LAW

50

G/5.2 CORPORATE & BUSINESS SERVICES 53

G/5.3 INFRASTRUCTURE SERVICES 53

G/5.3.1 TENDER REPORT T105/11 - EIGHT (8) WET TRUCK AND TRAILER HIRE

53

G/5.4 STRATEGIC PLANNING 56

G/5.41 ADOPTION OF MINOR AMENDMENTS TO THE CALLIOPE SHIRE PLANNING SCHEME 2007 - 21 AWOONGA DAM ROAD, BENARABY

56

G/5.42 GLNG INTEGRATED PROJECT HOUSING STRATEGY 61

G/5.5 STATUTORY PLANNING 194

G/5.5.1 DEVELOPMENT APPLICATION 278/2011 MATERIAL CHANGE OF USE OF PREMISES MULTIPLE UNIT RESIDENTIAL (63 UNITS) AT 60 GLENLYON ST, GLADSTONE

194

G/5.6 ENVIRONMENT AND RECREATION 211

G/5.7 FINANCE SERVICES 211

G/5.7.1 SOA 67/11 ROAD FURNITURE 211


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ITEM SUBJECT PAGE

G/5.7.2 GLADSTONE REGIONAL COUNCIL REVENUE POLICY PAPER

216

G/5.7.3 PUBLIC BENEFIT ASSESSMENT OF WATER & SEWERAGE

221

G/5.8 COMMUNITY SERVICES 274

G/6 COUNCILLOR REPORTS 274

G/6.1 COUNCILLORS' REPORT - MAYOR GAIL SELLERS 274

G/7 QUESTIONS FROM THE PUBLIC GALLERY 276

G/8 CONFIDENTIAL ITEMS 276

ATTACHMENTS 277


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G/1 MAYORAL STATEMENT ON CURRENT ISSUES Nil. G/2 MESSAGES OF CONDOLENCE Nil. G/3 CONFIRMATION OF MINUTES G/3.1 CONFIRMATION OF MINUTES OF GENERAL MEETING 7 JUNE 2011 Responsible Officer: Chief Executive Officer Council Meeting Date: 21 June 2011 Executive Summary: Confirmation of the minutes of the General Meeting held on the 7 June 2011. Officer's Recommendation: That the minutes of the General Meeting of Council held on the 7 June 2011 be confirmed. Attachments: 1. Minutes of General Meeting of Council 7 June 2011. Tabled Items: 1. Nil Report Prepared by: Assistant to the Chief Executive Officer


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G/4 SCHEDULE OF CONFIDENTIAL ITEMS Nil. G/5 OFFICERS' REPORTS G/5.1 OFFICE OF THE CHIEF EXECUTIVE OFFICER G/5.1.1 PROCEEDING WITH THE MAKING OF LOCAL LAWS AND SUBORDINATE

LOCAL LAWS AFTER SECOND ROUND OF PUBLIC CONSULTATION Responsible Officer: Director Governance Council Meeting Date: 21 June, 2011 Executive Summary: This report recommends that following the second round of public consultation, Council proceed with:

(a) the making of certain proposed local laws as advertised; (b) the adoption of certain model local laws as advertised; and

(c) the making of certain subordinate local laws.

Background: Council has as part of its local law making process:

(a) consulted with the public about its proposed local laws and subordinate local laws;

(b) also consulted with the public about possible anti-competitive provisions

included in the proposed local laws and subordinate local laws;

(c) as a result of consideration of submissions properly made, amended various proposed local laws and subordinate local laws; and

(d) undertaken a second round of consultation with the public about its

proposed local laws and subordinate local laws which contain amendments.

Comment: The second round of public consultation invited public submissions in respect of the amended proposed local laws and subordinate local laws within the consultation period which commenced on 21/5/2011 and ended on 11/6/2011. No public submissions were received during this consultation period.


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Consequently, it is now recommended that Council adopted the recommended resolution appearing in this report. Alternatives Considered: Not applicable. Link to Corporate/Operational Plan: Executive Support Services 1.1.1 Develop a governance model based on strong ethical leadership with transparency and accountability in policy formulation and decision making. Communication/Consultation (Internal/External): Consultation has taken place with Council’s Manager Health and Compliance. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That Council — (a) proceed with the making of each proposed local law listed in schedule 1 as

advertised; and (b) proceed with the adoption of each model local law listed in schedule 2 as

advertised; and (c) proceed with the making of each subordinate local law listed in schedule 3 as

advertised.

SCHEDULE 1

1. Local Law (Repealing) Local Law (No. 1) 2011 (formerly Local Law (Repealing) Local Law (No. 1) 2010);


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2. Local Law No. 1 (Administration) 2011 (formerly Local Law No. 1

(Administration) 2010); 3. Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)

2011 (formerly Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2010);

4. Local Law No. 7 (Aerodromes) 2011 (formerly Local Law No. 7 (Aerodromes)

2010).

SCHEDULE 2

1. Model Local Law No. 2 (Animal Management) 2011 (formerly Model Local Law No. 2 (Animal Management) 2010);

2. Model Local Law No. 3 (Community and Environmental Management) 2011

(formerly Model Local Law No. 3 (Community and Environmental Management) 2010);

3. Model Local Law No. 5 (Parking) 2011 (formerly Model Local Law No. 5

(Parking) 2010); 4. Model Local Law No. 6 (Bathing Reserves) 2011 (formerly Model Local Law No.

6 (Bathing Reserves) 2010).

SCHEDULE 3

1. Subordinate Local Law No. 1.1 (Alteration or Improvement to Local Government Controlled Areas and Roads) 2011 (formerly Subordinate Local Law No. 1.1 (Alteration or Improvement to Local Government Controlled Areas and Roads) 2010);

2. Subordinate Local Law No. 1.2 (Commercial Use of Local Government

Controlled Areas and Roads) 2011 (formerly Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2010);

3. Subordinate Local Law No. 1.3 (Establishment or Occupation of a Temporary

Home) 2011 (formerly Subordinate Local Law No. 1.3 (Establishment or Occupation of a Temporary Home) 2010);

4. Subordinate Local Law No. 1.4 (Installation of Advertising Devices) 2011

(formerly Subordinate Local Law No. 1.4 (Installation of Advertising Devices) 2010);

5. Subordinate Local Law No. 1.5 (Keeping of Animals) 2011 (formerly

Subordinate Local Law No. 1.5 (Keeping of Animals) 2010); 6. Subordinate Local Law No. 1.6 (Operation of Camping Grounds) 2011 (formerly

Subordinate Local Law No. 1.6 (Operation of Camping Grounds) 2010); 7. Subordinate Local Law No. 1.7 (Operation of Cane Railways) 2011 (formerly

Subordinate Local Law No. 1.7 (Operation of Cane Railways) 2010);


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8. Subordinate Local Law No. 1.8 (Operation of Caravan Parks) 2011 (formerly Subordinate Local Law No. 1.8 (Operation of Caravan Parks) 2010) ;

9. Subordinate Local Law No. 1.9 (Operation of Cemeteries) 2011 (formerly

Subordinate Local Law No. 1.9 (Operation of Cemeteries) 2010); 10. Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools) 2011

(formerly Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools) 2010);

11. Subordinate Local Law No. 1.11 (Operation of Shared Facility Accommodation)

2011 (formerly Subordinate Local Law No. 1.11 (Operation of Shared Facility Accommodation) 2010);

12. Subordinate Local Law No. 1.12 (Operation of Temporary Entertainment

Events) 2011 (formerly Subordinate Local Law No. 1.12 (Operation of Temporary Entertainment Events) 2010);

13. Subordinate Local Law No. 1.13 (Undertaking Regulated Activities regarding

Human Remains) 2011 (formerly Subordinate Local Law No. 1.13 (Undertaking Regulated Activities regarding Human Remains) 2010);

14. Subordinate Local Law No. 1.14 (Undertaking Regulated Activities on Local

Government Controlled Areas and Roads) 2011 (formerly Subordinate Local Law No. 1.14 (Undertaking Regulated Activities on Local Government Controlled Areas and Roads) 2010);

15. Subordinate Local Law No. 1.15 (Carrying out Works on a Road or Interfering

with a Road or its Operation) 2011 (formerly Subordinate Local Law No. 1.15 (Carrying out Works on a Road or Interfering with a Road or its Operation) 2010);

16. Subordinate Local Law No. 1.16 (Gates and Grids) 2011 (formerly Subordinate

Local Law No. 1.16 (Gates and Grids) 2010); 17. Subordinate Local Law No. 1.17 (Parking Permits for Parking Contrary to an

Official Traffic Sign) 2011 (formerly Subordinate Local Law No. 1.17 (Parking Permits for Parking Contrary to an Official Traffic Sign) 2010);

18. Subordinate Local Law No. 1.18 (Use of a Vehicle on an Airside Area) 2011

(formerly Subordinate Local Law No. 1.18 (Use of a Vehicle on an Airside Area) 2010);

19. Subordinate Local Law No. 1.19 (Reservation of a Bathing Reserve for

Training, Competition etc) 2011 (formerly Subordinate Local Law No. 1.19 (Reservation of a Bathing Reserve for Training, Competition etc) 2010);

20. Subordinate Local Law No. 1.20 (Bringing a Motor Vehicle onto, or Driving a

Motor Vehicle on, a Bathing Reserve or Foreshore) 2011 (formerly Subordinate Local Law No. 1.20 (Bringing a Motor Vehicle onto, or Driving a Motor Vehicle on, a Bathing Reserve or Foreshore) 2010);

21. Subordinate Local Law No. 2 (Animal Management) 2011 (formerly Subordinate

Local Law No. 2 (Animal Management) 2010);


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22. Subordinate Local Law No. 3 (Community and Environmental Management) 2011 (formerly Subordinate Local Law No. 3 (Community and Environmental Management) 2010);

23. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities

and Roads) 2011 (formerly Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2010); and

24. Subordinate Local Law No. 5 (Parking) 2011 (formerly Subordinate Local Law

No. 5 (Parking 2010). 25. Subordinate Local Law No. 6 (Bathing Reserves) 2011 (formerly Subordinate

Local Law No. 6 (Bathing Reserves) 2010. Attachments: 1. Nil Tabled Items: 1. Nil Report Prepared by: Director Governance


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G/5.1.2 CONSULTATION WITH THE MINISTER REGARDING EACH "OTHER"

PROPOSED LOCAL LAW Responsible Officer: Director Governance Council Meeting Date: 21 June, 2011 Executive Summary: Report recommending that Council in accordance with the requirements of section 29A(2)(b) of the Local Government Act 2009, consult with the Minister regarding each proposed local law of Council which is not:

(a) a model local law; or (b) a subordinate local law.

Background: Council has as part of local law making process:

(a) consulted with the public about its proposed local laws and subordinate local laws;

(b) also consulted with the public about possible anti-competitive provisions

included in the proposed local laws and subordinate local laws;

(c) as a result of consideration of submissions properly made, amended various proposed local laws and subordinate local laws; and

(d) undertaken a second round of consultation with the public about its

proposed local laws and subordinate local laws which contain amendments.

A separate report has been prepared for Council consideration concerning the result of that second round of public consultation with a recommendation concerning the next step in the local law making process. Comment: It is now considered appropriate that Council resolve to comply with the requirements of section 29A(2)(b) of the Local Government Act 2009 which involves giving the Minister:

(a) a copy of each proposed “other” local law; (b) a drafting certificate for each proposed “other” local law; and

(c) information required by the Minister under a regulation.

For the purpose of section 29A(2)(b), an “other” local law is a local law which is not a model local law or subordinate local law.


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Section 15 of the Local Government (Operations) Regulation 2010 prescribes that the information required about a proposed “other” local law is:

(a) details of any consultation with the public about the proposed local law; (b) details of any consultation with the relevant government entity about the

overall State interest in the proposed local law; and

(c) if the proposed local law infringes any fundamental legislative principles – justifications for the infringements.

Alternatives Considered: Not applicable. Link to Corporate/Operational Plan: Executive Support Services 1.1.1 Develop a governance model based on strong ethical leadership with transparency and accountability in policy formulation and decision making. Communication/Consultation (Internal/External): Consultation has taken place with Council’s Manager Health and Compliance. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That Council resolve to, in accordance with the requirements of section 29A(2)(b) of the Local government Act 2009, consult with the Minister regarding each proposed local law of Council which is not:

(a) a model local law; or


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(b) a subordinate local law.

Attachments: 1. Nil Tabled Items: 1. Nil Report Prepared by: Director Governance


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G/5.2 CORPORATE & BUSINESS SERVICES Nil. G/5.3 INFRASTRUCTURE SERVICES G/5.3.1 TENDER REPORT T105/11 - EIGHT (8) WET TRUCK AND TRAILER HIRE Responsible Officer: Director Infrastructure Services Council Meeting Date: 21 June 2011 Executive Summary: This report provides Council with information on tenders received for the supply of eight wet truck and trailer hire for the Tigalee Creek Detention Basin project and recommends acceptance of the tender from KJP Haulage Pty Ltd. Background: Tender is for the removal of 33,000m³ of soil from Kathleen Shanahan Park to form a flood mitigation water detention basin. Work will take approximately six weeks to complete and will be carried out between the hours 7am to 6pm on a seven day roster. The work is an integral part of the Natural Disaster Mitigation Program which is jointly funded by the Federal Government. Work on the Tigalee Creek Detention Basin was originally expected to commence mid August 2010 however due to unseasonably wet weather the project has been delayed to August 2011. This work was previously tendered in July 2010, but due to the original tenderer withdrawing, a new tendering process was undertaken however only one response was received. Comment: As KJP Haulage was the only tender submitted, evaluation and assessment of the value for money was undertaken as a comparison against the previous tenders submitted July 2010 by BTL Plant Hire and Mini Excavations. The following table shows past and present tenders as a comparison. Past tenders are extrapolated on truck capacity and new hourly rates, as advised by BTL Plant Hire prior to their withdrawal. Although the price now submitted by KJP Haulage is $54,976 less competitive than the original tender of BTL it is less than the tender from Mini Excavations. Price change equates to approximately 12.8%.

TENDERER PRICE (GST EXCLUSIVE)

KJP HAULAGE $481,506.40 - PRESENT

BTL PLANT HIRE $426,530.61 - JULY 2010

MINI EXCAVATIONS $500,217.92 - JULY 2010


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Given the shortage of suitable bulk haulage contactors in the current growth associated with the LNG industries and the benefit of KJP Haulage trucks being fitted with loading scales which will ensure maximum loading of each vehicle on every occasion, the increase in price is acceptable within the project budget. Alternatives Considered: Nil Link to Corporate/Operational Plan: 4.1.1 Strategy: Plan, develop, and maintain effective road networks and transport infrastructure across the region. Communication/Consultation (Internal/External): An evaluation of the tenders was done in collaboration with the Contracts and Procurement unit. Council officers communicated with the tenderers through requests for information to clarify items of their tender submissions. Legal Implications (statutory basis, legal risks): Under the Local Government Act, Finance Standard, and Council's Purchasing Policy, Council must invite Tenders before making a contract for the carrying out of work, or the supply of goods or services, involving a cost of more than $150,000, having regard to certain principles including 'open and effective competition' and 'value for money', which considers advancement of Council priorities including WH & S issues, fitness for purpose, technical issues, quality, service and support, and cost related factors. Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: The work is to be completed by contractors at an agreed price. Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That Council 1. Accept KJP Haulage Pty Ltd schedule of rates tender for $481,506.40 for supply

eight wet truck and trailer hire as per tender T105/11. 2. KJP Haulage Pty Ltd be advised they are the successful tender.


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Attachments: Nil Tabled Items: Nil Report Prepared by: Construction Projects Inspector


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G/5.4 STRATEGIC PLANNING G/5.41 ADOPTION OF MINOR AMENDMENTS TO THE CALLIOPE SHIRE

PLANNING SCHEME 2007 - 21 AWOONGA DAM ROAD, BENARABY Responsible Officer: Director Strategic Planning Council Meeting Date: 21 June 2011 Executive Summary: The Acting Director-General of the Department of Local Government and Planning (DLGP) has advised that the Minister is satisfied the proposed planning scheme amendment (21 Awoonga Dam Road, Benaraby - Major Infrastructure to Rural Residential) is a minor amendment and that Council may proceed to adopt the proposed amendment to the "Calliope Shire Planning Scheme 2007" subject to one condition in relation to insertion of the adoption date into the header of Zone Plan Sheet No. 23. Subject Site: The site in question is 21 Awoonga Dam Road, Benaraby, described as Lot 82 CTN1230, Parish of Boyne. Background: On the 1 March 2011, Council resolved to seek the approval of the Minister of Infrastructure and Planning to follow the Minor Amendment process as contained in Statutory Guideline 02/09 "Making or amending local planning instruments" to change the zoning of 21 Awoonga Dam Road, Benaraby (Lot 82 CTN1230) from Major Infrastructure to Rural Residential. This change will reflect the Material Change of Use approval issued on 1 September 2010 for a Commercial Premises and Dwelling. In a letter dated 31 May 2011 the Acting Director-General, Department of Local Government and Planning, advised that the Honourable Paul Lucas MP, Deputy Premier and Attorney-General, Minister for Local Government and Special Minister of State was satisfied that the proposed planning scheme amendment is a minor amendment. As such, Council is approved to proceed to adopt the proposed minor amendment as per the attached Zone Plan Sheet No. 23 subject to the adoption date being inserted into the header of the plan. Once the amendment is adopted, Council must place a notice in the local newspaper, on the website and in the gazette. Council must also give DLGP a copy of the notice and three certified copies of the planning scheme amendment as soon as possible after the notice is placed in the newspaper and Government gazette. Officer's Recommendation: That the proposed amendment to the Calliope Shire Planning Scheme 2007 to reflect a zoning change for 21 Awoonga Dam Road, Benaraby (Major Infrastructure to Rural


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Residential) as detailed on Zone Plan Sheet No. 23 be adopted and staff proceed with the required process as soon as possible. Attachments: 1. Correspondence dated 31 May 2011 from Acting Director-General, DLGP 2. Zone Plan Sheet No. 23. Tabled Items: 1. Nil Report Prepared by: Technical Assistant - Development Services


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GENERAL MEETING AGENDA - Home - Gladstone · PDF file · 2011-06-20general meeting agenda table of contents ... g/5.1.1 proceeding with the making of local laws ... gladstone regional