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TRC TABLELANDS REGIONAL COUNCIL

Ordinary Meeting Council Chambers, Atherton Date: Thursday 17 April 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT ATHERTON COUNCIL CHAMBERS, ON THURSDAY, 17 APRIL 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

IAN CHURCH CHIEF EXECUTIVE OFFICER


TRC Tablelands Regional Council - Agenda

Thursday 17 April 2014

PRESENTATIONS - 17 APRIL 2014 No presentations

COUNCILLOR INFORMATION WORKSHOP - 24 APRIL 2014 9.00am to 2.00pm TRC Budget Workshop - Revenue Policy & Revenue Statement 2.00pm to 4.00pm Tinaburra Master Plan Workshop (Chris Larkin)

ORDER OF BUSINESS MEMBERS IN ATTENDANCE........................................................................................................ 5 OFFICERS IN ATTENDANCE........................................................................................................ 5 APOLOGIES/LEAVE OF ABSENCE.............................................................................................. 5 DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS............................................................. 5 CONFIRMATION OF MINUTES ..................................................................................................... 5 BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS .......................................... 5 RECEIPT OF INWARD CORRESPONDENCE............................................................................... 5 RECEIPT OF MONTHLY FINANCIAL STATEMENTS ................................................................... 5 CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS ........................ 5 COMMUNITY & REGIONAL PLANNING ....................................................................................... 7 Regional Planning ....................................................................................................................... 7 ITEM-1 Negotiated Decision Notice - P Mahar - Reconfiguration of a Lot - Lot 13 on RP728593 situated at 7 Anderson Road, Malanda - DA/13/0053 ............................. 7 ITEM-2 Amended Infrastructure Agreement for Aztec Park Developments Pty Ltd - Lot 100 on SP170268 situated at Main Street, Tolga - DA/13/0070.............................. 40 ITEM-3 Draft Planning scheme submissions - Lot 1 RP723061 and Lot 540 NR6720 CONFIDENTIAL ..................................................................................................... 59 ITEM-4 Notice of Motion - Zones - Webster Street and Larfield Close Atherton CONFIDENTIAL ..................................................................................................... 60 ITEM-5 Bushfire Hazard Overlay Mapping and Code - Draft TRC Planning Scheme Public Consultation Submissions CONFIDENTIAL ................................................ 61 Community Services ................................................................................................................. 63 ITEM-6 2014-15 Arts Queensland Regional Arts Development Fund Expressions of Interest for funding ................................................................................................. 63 CHIEF EXECUTIVE OFFICER ..................................................................................................... 67 Economic Development............................................................................................................. 67 ITEM-7 Proposal to Endorse TRC's Submission to the Joint Select Committee on Northern Australia .................................................................................................. 67 Administration ........................................................................................................................... 83 ITEM-8 Noted Correspondence - 17 April 2014 .................................................................. 83

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ORGANISATIONAL SERVICES ................................................................................................ 109 Organisational Development ................................................................................................... 109 ITEM-9 Information Privacy Act 2009 - Delegation of Statutory Powers ............................ 109 Finance ................................................................................................................................... 119 ITEM-10 2014/2015 Cost Recovery Fees and Charges - Organisational Services and Community and Regional Planning Departments........................................... 119 ITEM-11 Financial Statements period ending 31 March 2014..................................... 155 INFRASTRUCTURE SERVICES ................................................................................................ 165 Construction & Maintenance.................................................................................................... 165 ITEM-12 Jue Sue Road report on Pine Trees ............................................................. 165 ITEM-13 Rocky Creek Rest Area Intersection............................................................. 172

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MEMBERS IN ATTENDANCE OFFICERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS RECEIPT OF INWARD CORRESPONDENCE RECEIPT OF MONTHLY FINANCIAL STATEMENTS CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS

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Thursday 17 April 2014

COMMUNITY & REGIONAL PLANNING REGIONAL PLANNING ITEM-1

NEGOTIATED DECISION NOTICE - P MAHAR RECONFIGURATION OF A LOT - LOT 13 ON RP728593 SITUATED AT 7 ANDERSON ROAD, MALANDA - DA/13/0053

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Community and Regional Planning APPLICATION DETAILS

APPLICANT

APPLICATION P & B Mahar

ADDRESS

DATE REQUEST FOR NDN LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

10 September 2013

FILE NO LODGED BY

DA/13/0053 AREA 1.349 ha P & B Mahar OWNER P & B Mahar c/- Twine Surveys Pty Ltd Eacham Shire Planning Scheme 2006 (as amended V2 2010)

Development Permit Reconfiguration of a Lot

PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

RPD

PREMISES 7 Anderson Road, Malanda Lot 13 on RP728593

Rural Residential Zone code n/a

1. 2.

Decision Notice Applicant’s written representations

EXECUTIVE SUMMARY Council approved a development application described in the above application details by delegated authority on 31 July 2013, subject to conditions. Page 7


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The application was code assessable. The applicant has subsequently made both written and verbal representations about a number of conditions of approval. As a result of those representations, Council officers recommend that some conditions be amended.

OFFICER'S RECOMMENDATION It is recommended that: “1.

In relation to written and verbal representations made by the applicant regarding conditions of the following development approval:

APPLICANT

APPLICATION P & B Mahar

DATE REQUEST FOR NDN LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS

10 September 2013

RPD

PREMISES 7 Anderson Road, Malanda Lot 13 on RP728593

Development Permit Reconfiguration of a Lot

and in accordance with the Sustainable Planning Act 2009, as amended, the following: (A)

Condition 3.5 of Council's Decision Notice issued on 31 July 2013 be amended as follows: (a) Proposed Lot 131 will have a minimum road frontage of 65 m; (b) The corner of Anderson Road and Malanda-Lake Barrine Road will be provided with a 4m tangent truncation; to the satisfaction of Council's delegated officer.

(B)

Condition 3.6 of Council's Decision Notice issued on 31 July 2013 be amended as follows: The applicant shall be responsible for the preparation and registration of a statutory covenant with Council pursuant to S97A of the Land Title Act for the purposes of preserving native animals, plants and their habitat; The covenant area shall comprise that part of each lot extending from the riparian boundary to a least 4 m back from the high bank of the Johnstone River and such that at least 80% of the linear length of the river frontage of each lot is included in the covenant to the satisfaction of Council's delegated officer. The covenant must stipulate that the covenant area must be protected, preserved and conserved, including by strictly adhering to the following non-exhaustive conditions (which may be varied by written agreement between the parties):-

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(a) no existing living vegetation or hereafter existing in the covenant area, may be cut down, damaged or destroyed; (b) no buildings or fences may be erected in the covenant area; (c) no native animals within the covenant area shall be killed or interfered with; (d) no other acts may be carried out on or in respect of the covenant area which, in the opinion of the Council, acting reasonably may have a detrimental impact on the covenant area; Notwithstanding clause (a) to (i), if any living or dead vegetation on the covenant area poses a risk to human safety:(e) The vegetation may be cut down or trimmed with the prior written consent of the Council, not to be unreasonably withheld, so as to remove the risk; Notwithstanding clause (a) to (e), if any native or indigenous animal on the covenant area poses a risk to human safety the native or indigenous animal may be removed with the prior written consent of the Council and any other approvals which might be required by law. The covenant agreement shall be signed by the registered owner prior to endorsement of the survey plan by Council and the signed covenant shall be jointly lodged for registration with the survey plan, in the Department of Natural Resources & Mines. The covenant document shall be to the satisfaction of Council’s delegated officer, and the applicant shall be responsible for the cost of preparation and registration of the covenant. (C)

Condition 4.1 of Council's Decision Notice issued on 31 July 2013 be amended as follows: An access crossover must be constructed from the edge of the road pavement to the property boundary of both proposed Lots in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. Proposed Lot 132 may be provided with two accesses. The developer must ensure that any redundant vehicle crossovers are removed. The applicant/developer is to make an application for driveway access onto a Council road. The application is to be accompanied by the relevant fee and will be assessed for compliance by Council's delegated officer.

(D)

Condition 4.3 of Council's Decision Notice issued on 31 July 2013 be amended as follows: (a) The applicant/owner must ensure that stormwater from the lots is directed to a lawful point of discharge (the Johnstone River) such that it does not adversely affect the subject or adjoining lots. (b) Any drainage easements in favour of Council required as a result of these conditions of approval must be provided to ensure that stormwater is conveyed Page 9


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from Anderson Road to the Johnstone River. This will include a 3 m wide drainage easement through the subject land and in the vicinity of the common boundary between the lots, and provision of a second drainage easement along the full length of the northern boundary of the site to convey stormwater from the table drain on the western side of Anderson Road to the Johnstone River. The second easement will be wide enough to contain the required drainage works. (c) The applicant is required to construct the following drainage works designed in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer: (i) Stormwater flows that are directed from the table drain on the western side of Anderson Road down the northern boundary of the site to the Johnstone River will be contained within a constructed table /spoon/swale drain system. (ii) The stormwater flows from the stormwater pipe under Anderson Road in the vicinity of the common boundary will be directed to the required 3 m wide drainage easement in the vicinity of the common boundary between the lots. (d) These requirements will not include the construction of any drainage drop structures down the bank of the Johnstone River. (e) Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. (f) Where Council is party to a proposed easement and/or if the proposed easement is in favour of Council the applicant/developer is to pay all costs (including Council’s legal expenses) to prepare and register the easement documents, using Council’s standard form of easement. The approved easement documents must be submitted at the same time the applicant/developer seeks endorsement of the plan of survey and must be lodged and registered in the Department of Natural Resources & Mines in conjunction with the plan of survey. (E)

Condition 4.5 of Council's Decision Notice issued on 31 July 2013 be amended as follows: (a) The developer is required to connect the two lots to Council’s existing water supply infrastructure on the southern side of Malanda-Lake Barrine Road in accordance with FNQROC Development Manual standards (as amended) and to the satisfaction of Council’s delegated officer. (b) Council will pay the applicant/developer $ 4,000.00 towards the cost of the required underboring of Malanda-Lake Barrine Road after the water connection works have been completed to the satisfaction of Council's delegated officer.

(c) Council may also choose to pay the applicant/developer the agreed difference between the cost of materials (water main and fittings) required to only service the two lots and the cost of materials (water main and fittings) required to service other parts of Anderson Road. (d) This payment will be approved by Council's officer prior to commencement of construction and must be supported by two quotes.

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OR (e) Council will accept a monetary contribution of $ ??? for the works required by Condition 4.5 (a). (F)

(G)

Condition 4.9 of Council's Decision Notice issued on 31 July 2013 be amended as follows: (a)

A to-scale plan must be provided which designates a building envelope for proposed Lot 131 that will be located in the north-east corner of the site and have a minimum area of 400m2, and have a minimum setback to the Anderson Road frontage of 5 m, and a minimum side boundary setback of 5m.

(b)

All new buildings must be located within the approved Building Envelope Area.

(c)

No buildings and associated effluent disposal areas are permitted within 10 metres of the high bank of the Johnstone River.

Conditions 4.2 and the Advice Statements must remain as per Council's Decision Notice issued on 31 July 2013.

THE SITE

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

This irregularly shaped lot is situated in an established rural residential area on the corner of Anderson and Malanda - Lake Barrine Road. It has a riparian boundary to the Johnstone River and has an area of 1.349 Ha. There is an existing dwelling and associated structures in the south east portion of the lot. The site is not connected to reticulated water or sewer.

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DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for a Reconfiguration of a Lot (1 into 2 lots) in accordance with the plans shown in Attachment 1. 

Proposed Lot 131 will be vacant and achieve an area of 5,000 m2



Proposed Lot 132 will contain the existing dwelling & associated structures and have frontage to both Anderson Road and Malanda-Lake Barrine Road.

Access to the lots will be from the two existing access points onto Anderson Road.

APPLICANT'S REPRESENTATIONS The applicant provided initial representations for a negotiated decision notice in a letter dated 10 September 2013 (Attachment 2), on the basis that further representations would be provided at a later date. Those were provided verbally to the assessing officer on 31/3/2014. Condition 3.5 Design Amendments (a) The boundaries of proposed Lot 131 will ensure that the lot contains at least 5,000 sq m of land above the high bank of the Johnstone River. (b) The corner of Anderson Road and Malanda-Lake Barrine Road will be provided with 4m truncation. Representation by Applicant The applicant's verbal representations proposed that Part (a) of the condition be amended to require a minimum Lot 131 road frontage of 65 m. The applicant's 31/3/2014 verbal representations did not raise concerns about the Part (b) condition, however, an officer response has been included for the sake of completeness. Response Part A (a)

The Part (a) condition was included for the following reasons: (i)

While Lot 131 has a proposed title area of 5000 sq m, the actual usable area may be less than that because the new lot will include the steep river bank, and because that bank may have eroded away from the title boundary since the land was originally surveyed.

(ii) Proposed Lot 131 has a very irregular shape and limited usable area.

(iii) Rural residential development appears to be contributing factor to a recorded reduction in water quality in the Johnstone River downstream of Malanda. The applicant did not provide a wastewater site and soil report with the application and it is therefore unclear what land area will be required for a wastewater system for Lot 131. The location of the disposal area will be further constrained by the required setbacks from the Johnstone River. Page 12


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It is recommended that the verbal representations be accepted and that the condition be amended accordingly. Part B (b)

The corner in question is not truncated and this is very little clearance between the corner peg and existing services and the road table drain. The existing Anderson Road/Malanda Road intersection is considered problematic by Infrastructure Services officers, who believe that a 10 metre truncation would have been more appropriate. It is noted that the opposite corner has a 10 m truncation.

The condition is consistent with road truncations within surrounding and nearby rural residential developments. The FNQROC Development Manual specifies that truncations should be provided at intersections. Truncations improve traffic visibility and sight distances, and assist with installation of servicing and table drains. It is recommended that the condition be retained unchanged. Condition 3.6 Environmental Covenant The applicant shall be responsible for the preparation and registration of a statutory covenant with Council pursuant to S97A of the Land Title Act for the purposes of preserving native animals, plants and their habitat; The covenant area shall comprise that part each lot extending from the riparian boundary to a least 3 m back from the high bank of the Johnstone River, and such that any existing remnant riparian vegetation is contained within the covenant area, to the satisfaction of Council's delegated officer. The covenant shall must stipulate that the covenant area must be protected, preserved and conserved, including by strictly adhering to the following non-exhaustive conditions (which may be varied by written agreement between the parties):(a)

no existing living vegetation or hereafter existing in the covenant area, may be cut down, damaged or destroyed;

(b)

no buildings or fences may be erected in the covenant area;

(c)

no native animals within the covenant area shall be killed or interfered with;

(d)

no other acts may be carried out on or in respect of the covenant area which, in the opinion of the Council, acting reasonably may have a detrimental impact on the covenant area;

Notwithstanding clause (a) to (i), if any living or dead vegetation on the covenant area poses a risk to human safety:(e)

The vegetation may be cut down or trimmed with the prior written consent of the Council, not to be unreasonably withheld, so as to remove the risk;

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Notwithstanding clause (a) to (e), if any native or indigenous animal on the covenant area poses a risk to human safety the native or indigenous animal may be removed with the prior written consent of the Council and any other approvals which might be required by law. The covenant agreement shall be signed by the registered owner prior to endorsement of the survey plan by Council and the signed covenant shall be jointly lodged for registration with the survey plan, in the Department of Natural Resources & Mines. The covenant document shall be to the satisfaction of Council’s delegated officer, and the applicant shall be responsible for the cost of preparation and registration of the covenant. Representation by Applicant The applicant's written representations argue that there is no need for this condition because they established the existing riverine vegetation and will continue to protect it without the need for a covenant. They also consider that the site is adequately protected through the Land for Wildlife program. The establishment costs were also a concern to the applicant. In their 31/3/2014 verbal representations, the applicant appeared to agree to the condition and the assessing officer indicated that the convenant wording would be tailored to the circumstances. Response The condition has been included in response to the requirements of the relevant planning instruments. The planning scheme vegetation mapping identifies that the site as containing significant remnant vegetation and the Regional Plan ‘Areas of Ecological Significance’ mapping identifies the adjoining watercourse (Johnstone River) as a 'Wetland Area of General Ecological Significance'. The Rural Residential Development provisions of the Regional Plan require that: rural residential subdivision along watercourses should be designed to minimise the impact of rural residential water use on current and future water resources. PC 25 of the Reconfiguration of a Lot code requires that: the reconfiguration provides for the protection of riparian corridors along water courses. PC 26 of the Reconfiguration of a Lot code requires that: In Rural Residential zones, existing creek systems and other watercourses … are protected. PS2.5 of the Natural Areas Overlay code requires that: riverine corridors are retained within 50 metres of the high bank of a stream order 5 watercourse; and/or 25 metres of the bank of any other Watercourse…, PS6.3 of the Natural Areas Overlay code requires that: Development does not occur within 100 m for stream orders 5 or greater; 50 m for stream orders 3 and 4. Officers acknowledge that the applicant has established extensive plantings along the river bank. They have included the condition because of the above planning instrument requirements, and because: -

while the current owner will undoubtedly retain the riverine vegetation, there is no guarantee that future owners would do so;

-

Land for Wildlife agreements are non-binding and are not linked to the title;

-

the conditioned covenant is the most appropriate way to achieve a number of required planning outcomes, including development setbacks from the river.

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Similar covenant requirements have applied to nearby rural residential subdivisional approvals (Tablelands Acreage Country Estate and Johnstone River Park). It is recommended that the condition be retained unchanged. In other similar approvals, these conditions (and the associated covenant) have been tailored to address the applicant's concerns and the same can be done to this condition. In order to lower costs to developers, a free standard covenant document is provided by Council. It is recommended that the verbal submissions be accepted and that the condition be amended accordingly. Condition 4.1 Access An access crossover must be constructed from the edge of the road pavement to the property boundary of both proposed Lots in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The developer must ensure that any redundant vehicle crossovers are removed. The applicant/developer is to make an application for driveway access onto a Council road. The application is to be accompanied by the relevant fee and will be assessed for compliance by Council's delegated officer. Representation by Applicant The applicant's written representations request that the approval provide for two accesses for proposed Lot 132, and, installation of the required Lot 131 access at the time of construction of a dwelling on that lot, rather than prior to Council signing the survey plan. The applicant's 31/3/2014 verbal representations did not raise concerns about this condition, however, an officer response has been included for the sake of completeness. Response Officers have no objection to a second Lot 132 access that is constructed to the required standard. Officers sometimes recommend installation of accesses at the time of construction of a dwelling when future rural residential lot road frontages are not constrained by slope, drainage or traffic safety issues. It is considered that these circumstances do not apply here, and it is recommended that this requirement be retained unchanged. Condition 4.2 Flood Immunity & Dwelling Siting (a) The applicant will provide a plan of the development showing an approximate Q100 Flood Level (nominally 714.5m AHD, unless demonstrated otherwise to the satisfaction of Council's delegated officer). In this instance, documented evidence of previous significant flood events can be incorporated into the Q100 evidence. (b) The applicant must provide a building envelope plan for approved Lot 131 in accordance with Condition 4.14. Page 15


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(c)

Thursday 17 April 2014

Any future dwelling on approved Lot 131 must be constructed: - within that building envelope - such that there is minimal associated building pad excavation - such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above the 100 ARI year level.

(d)

No filling is to occur below the 100 ARI flood level.

all to the satisfaction of Council's delegated officer. Representation by Applicant The applicant's written representations raise concerns about the accuracy of the nominated Q100 level, but have not provided any quantitative evidence to support this apart from noting that the land has not flooded during the time that they have lived there. The applicant's 31/3/2014 verbal representations did not raise concerns about this condition, however, an officer response has been included for the sake of completeness. Response A 2008 RPEQ Q100 flood analysis was provided as part of a reconfiguration application 300 m upstream of the site (IDAS 29/08), with a flood height of 714.4 m. The level datum is not stated in that study, but is assumed to be Australian Height Datum. On that basis, there is theoretically a small area of flood free land in the most northern corner of the site. The condition has been worded to allow the nominated flood level to be varied if the applicant provides further reliable flood information. It is recommended that the condition be retained unchanged. Condition 4.3 Stormwater Drainage (a)

The applicant/owner must ensure that stormwater from the lots is directed to a lawful point of discharge (the Johnstone River) such that it does not adversely affect the subject or adjoining lots.

(b)

Any drainage easements in favour of Council required as a result of these conditions of approval must be provided to ensure that stormwater is conveyed from Anderson Road to the Johnstone River. This will include, but not be limited to, a 3 m wide drainage easement in the vicinity of the common boundary between the lots.

(c)

The applicant is required to construct the following drainage works along the Anderson Road frontage, designed in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer:-

The stormwater flows from the table drain on the western side of Anderson Road, and from the stormwater pipe under Anderson Road in the vicinity of the common boundary, will be directed to the required stormwater easement. Page 16


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Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Where Council is party to a proposed easement and/or if the proposed easement is in favour of Council the applicant/developer is to pay all costs (including Council’s legal expenses) to prepare and register the easement documents, using Council’s standard form of easement. The approved easement documents must be submitted at the same time the applicant/developer seeks endorsement of the plan of survey and must be lodged and registered in the Department of Natural Resources & Mines in conjunction with the plan of survey. Representation by Applicant The applicant has concerns that this condition requires construction of drainage works down the steep bank of the Johnstone River. In addition, they do not believe that they should bear the cost of the easement documentation and registration. The applicant's 31/3/2014 verbal representations did not raise these specific concerns, however, an officer response has been included for the sake of completeness. They instead indicated that their concerns would be addressed if Part (c) of the condition were amended to instead require a drainage easement down the northern boundary of the site. Response The subject land receives stormwater runoff from a road table drain located on the western side of Anderson Road, and the eastern table drain runoff is also directed across the middle of the site via a pipe under Anderson Road. The condition currently requires the applicant to provide a drainage easement over the discharge path of that pipe and to deal with the western table drain runoff by either constructing a table drain along the frontage of Lot 131 within the road reserve or within the lot. The applicant has instead proposed that this easement run down the northern boundary and officers have no objection to this proposed change. The existing condition does not require construction of drainage works down the steep bank of the Johnstone River and this can be further clarified by wording changes. In the case of the applicant's concerns about easement costs, the works and easements are a necessary part of the proposed development and it is both reasonable and relevant that the applicant be responsible for the associated costs. It is recommended that the condition be amended in accordance with the verbal submissions. Condition 4.5 Water Supply The developer is required to connect the two lots to Council’s existing water supply infrastructure on the southern side of Malanda-Lake Barrine Road in accordance with FNQROC Development Manual standards (as amended) and to the satisfaction of Council’s delegated officer. Representation by Applicant The applicant's written representations dispute the need for provision of reticulated water to the development, and also express concerns about the associated costs. Page 17


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The applicant's 31/3/2014 verbal representations proposed that the required works be carried out by Council (on the applicant's behalf) at a fixed price. Response In the Malanda area, Council has generally required 'greenfield' rural residential subdivisions, and one-into-two subdivisions close to existing reticulated water, to be connected to reticulated water (if possible). The subject site can be readily connected to the reticulated water main on the opposite side of Malanda - Lake Barrine Road by underboring that road. The draft TRC planning scheme designates the land as Rural Residential Zone (1 hectare precinct), and a requirement to connect the site to reticulated water would therefore be consistent with that draft scheme. Council continues to deal with a steady trickle of one-into-two subdivision applications for lots fronting Anderson Road. This development provides an opportunity to progressively extend reticulated water northwards up Anderson Road, and in that context, Council may wish to consider contributing to the cost of underboring Malanda-Lake Barrine Road and also contributing the material cost difference between the water main required to only service the two lots and the main required to service Anderson Road in the future. The cost of the required underbore is estimated to be $7,000 - $ 9,000. Officers do not generally recommend that Council undertake works on behalf of applicants because of the inherent uncertainty of costing those works and the likelihood that the work will not be undertaken for some time. However, there is some benefit to Council in providing for the future extension of reticulated water up Anderson Road. It is therefore recommended that the condition be amended to provide for this cost sharing and to include an alternative provision for payment of a lump sum for Council to carry out the works on behalf of the applicant. The lump sum figure was not available at the time this report was finalised and will be provided in the Council meeting. Condition 4.9 Building envelope /Building Setback from Watercourse (a)

A to-scale plan must be provided which designates a building envelope for: (i) proposed Lot 131, which will be located in the north-east corner of the site, have a minimum area of 400 sq m, and have the required boundary setbacks in accordance with Planning Scheme requirements. (ii) proposed Lot 132 which incorporates all existing building structures and effluent disposal areas to the satisfaction of Council’s delegated officer. All existing and new buildings and associated effluent disposal areas must be located within the approved Building Envelope Area.

(b)

No buildings and associated effluent disposal areas are permitted within 10 metres of the high bank of Johnstone River.

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Representation by Applicant In the written representations, the applicant wishes to vary the standard rural residential setbacks (6m road setback, 10 m setback to other boundaries) for Lot 131 because the building area is so constrained (flooding, wastewater requirements, stormwater issues & the irregular shape of the lot) Response Officers do not object to this request because all adjoining lots have established dwellings on them, and those dwellings are over 100 m away from the Lot 131 building site. It is recommended that the condition be amended. Advice Statement (g) Notation on Rates Record A notation will be placed on Council’s Rate record with respect to each lot regarding the following conditions: • • • •

a registered covenant flooding an approved building envelope plan / waterway setback An on-site effluent disposal system must be constructed in accordance with the approved site and soil evaluation report

Representation by Applicant In the written representations, the applicant does not want the notations to appear on the Rates Records for the new lots. The applicant's 31/3/2014 verbal representations did not raise this issue. Response This is a fundamental mechanism for notifying prospective purchasers of town planning requirements attached to a parcel of land. It is recommended that the statement be retained. Date Prepared:

7 April 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ITEM-2

Thursday 17 April 2014

AMENDED INFRASTRUCTURE AGREEMENT FOR AZTEC PARK DEVELOPMENTS PTY LTD - LOT 100 ON SP170268 SITUATED AT MAIN STREET, TOLGA - DA/13/0070

DOCUMENT IFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Community and Regional Planning

EXECUTIVE SUMMARY In 2007, the former Atherton Shire Council issued a Preliminary Approval for both the Material Change of Use and Reconfiguration of a Lot for a residential development in Tolga. That approval required the developer to enter into an Infrastructure Agreement prior to the subdivision proceeding. The Agreement was finalised in March 2013. Stage 1 of the development is close to completion, and both officers and the developer consider that some aspects of that Agreement should be amended to reflect the current circumstances prior to approval of the Stage 1 survey plans. It is recommended that Council endorse the amended Infrastructure Agreement between Council and Aztec Park Developments, and authorise signing of the amended agreement by the mayor and the Chief Executive Officer. OFFICER'S RECOMMENDATION "That Council endorse the finalised Infrastructure Agreement between Council and Aztec Park Developments and authorise the signing of the amended agreement by the mayor and the Chief Executive Officer.” BACKGROUND Clause 8.10 of the existing Agreement allows for variation of the document provided both parties agree. The developer's agreement to the amended document is shown in Attachment 2. The proposed major amendments are as follows: Water Supply Infrastructure Charges The current agreement requires a $300,000 payment by the developer for upgrading of the Stonehouse Road reservoir prior to development of the 82nd residential lot. This has been amended to allow Council greater flexibility for water infrastructure upgrades, in the context of recent water network analysis and design.

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External Sewerage Reticulation Under the current agreement, Council must pay the developer the cost difference between installation of a 150mm and a 250 mm pressure main between the Barson Road (Tolga industrial estate) pump station and the pump station near the eastern end of Tostevin Street. The developer has now accepted a payment figure of $82,092.32 for those works and the agreement can be amended accordingly. Use of Sewerage and Water Supply Infrastructure Charges The developer has requested that Council offset the $82,092.32 payment against sewerage and water supply infrastructure charges to avoid a payment round-robin. This arrangement can only be done under an infrastructure agreement. Officers have no objection to this proposal and the agreement has been amended accordingly. LINK TO CORPORATE PLAN Outcome 3.1.4 – Sustainable Development Outcome 3.2.1 - 3.2.3 - Infrastructure Design, Implementation and Maintenance CONSULTATION Internal NIL External Aztec Park Developments Pty Ltd LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Capital The amended agreement will result in: (i) sewerage infrastructure charges being used for sewerage infrastructure that is not directly related to the development, and (ii) temporary diversion of water infrastructure charges to sewerage infrastructure. Operating NIL Is the expenditure noted above included in the 2013/2014 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A Page 41


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IMPLEMENTATION/COMMUNICATION Subject to Council's approval, the amended agreement will signed by Council and an original provided to the developer. ATTACHMENTS 1. 2.

draft amended Infrastructure Agreement (extract) developer's consent to amended Agreement

Date Prepared:

7 April 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ITEM-3

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DRAFT PLANNING SCHEME SUBMISSIONS RP723061 AND LOT 540 NR6720 CONFIDENTIAL

LOT 1

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (g)

any action to be taken by Council under the Sustainable Planning Act 2009, including deciding applications made to Council under that Act.

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ITEM-4

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NOTICE OF MOTION - ZONES - WEBSTER STREET AND LARFIELD CLOSE ATHERTON CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(g) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (g)

any action to be taken by Council under the Sustainable Planning Act 2009, including deciding applications made to Council under that Act.

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ITEM-5

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BUSHFIRE HAZARD OVERLAY MAPPING AND CODE DRAFT TRC PLANNING SCHEME PUBLIC CONSULTATION SUBMISSIONS CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (g)

any action to be taken by Council under the Sustainable Planning Act 2009, including deciding applications made to Council under that Act.

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COMMUNITY SERVICES ITEM-6

2014-15 ARTS QUEENSLAND REGIONAL ARTS DEVELOPMENT FUND EXPRESSIONS OF INTEREST FOR FUNDING

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Gwyneth Nevard, Coordinator Tourism

DEPARTMENT:

Community & Regional Planning

EXECUTIVE SUMMARY Tablelands Regional Council manages the local Regional Arts Development Fund (RADF) through an established RADF Committee. Expressions of Interest (EOI) from Councils for the 2014-15 financial year have been called by Arts Queensland in a simplified process that allocates TRC $30,000 of funding contingent on Council's co-contribution of $12,857, providing a total of $42,857 funding for RADF projects in the TRC area in the next financial year. The EOI is due to be lodged no later than 1 May 2014. OFFICER'S RECOMMENDATION "That Council: 1.

Approve lodgement of an Expression Of Interest with Arts Queensland for $30,000 funding through the Regional Arts Development Fund in 2014-15 financial year;

2.

Note the expenditure of $12,857 to be presented in the 2014-15 operational budget as Council's co-contribution;

3.

Agree to the split of funds as recommended by the RADF Committee."

BACKGROUND The Regional Arts Development Fund is a Queensland Government partnership, through Arts Queensland and Tablelands Regional Council, to support local arts and culture. Tablelands Regional Council manages the local Regional Arts Development Fund in accordance with the Arts Queensland requirements, which includes an established RADF committee, and an adopted Arts and Cultural Plan. In previous years, Council has submitted a bid to Arts Queensland for funding for arts projects in the following financial year. This year the process has been simplified, and funding is based on population size of the Council area with a pre-set formula for Council's co-contribution. In 201415, TRC with a population of fewer than 25,000 is eligible for 70/30 funding from Arts Queensland. This will be to a maximum of $30,000, contingent on a co-contribution from Council Page 63


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of $12,857, making a total of $42,857 for RADF projects in the TRC area. (Note MSC are responsible for managing their own RADF programme from 1 July 2014). At its meeting on 1 April 2014, the RADF committee approved a proposed split for next year's RADF funds, contingent on Council approval of co-contribution, as follows:• Two grant rounds of $16,000 each; • Out of round funds to be made available $7,000 (e.g. for quick response grants); • $3,857 for administration and training; • Total $42,857. Council is therefore requested to approve lodgement of an EOI to Arts Queensland for funding for the RADF programme in 2014-15 based on the pre-set formula of $30,000 from Arts Queensland and $12,857 from TRC, and approve the split of funds as recommended by the RADF Committee for expenditure in the next financial year. LINK TO CORPORATE PLAN 1.2.1 - Community Celebration Provide a supportive environment for events and activities that promote and enhance the region. 1.2.3 - Cultural Development Encourage recognition and appreciation of regional arts, culture, heritage and diversity and support and provide opportunities for individuals, clubs and groups to participate in the arts and cultural life of the community. 1.2.4 - Image and Identity Progressively improve the general appearance and image of the regional communities to foster and promote a sense of community pride and positive identity which is in keeping with the uniqueness and character of the region. CONSULTATION Internal Mark Both - Regional Arts Officer Chris Larkin - Manager, Community Services External RADF Committee Arts Queensland LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Comply with funding agreement with Arts Queensland POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital N/A

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Operating Regional Arts Officer to manage RADF grants in line with Arts Queensland agreement. Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Regional Arts Officer to submit Expression of Interest to Arts Queensland by 1 May 2014. Manager Community Services to ensure identified funds for council's co-contribution are submitted in the 2014-15 operational budget.

ATTACHMENTS 1.

Nil

Date Prepared:

02 April 2014

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CHIEF EXECUTIVE OFFICER ECONOMIC DEVELOPMENT ITEM-7

PROPOSAL TO ENDORSE TRC'S SUBMISSION TO THE JOINT SELECT COMMITTEE ON NORTHERN AUSTRALIA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Amanda Riches, Senior Advisor Economic Development

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY As part of its 2030 vision to develop Northern Australia the Federal Government has committed to develop a white paper to develop a policy platform and implementation plan over the next two, five, ten and twenty years. Submissions were invited from interested parties to help shape this paper with a deadline of 14 March 2014. A submission was made on behalf of TRC, however, the deadline prevented this being reviewed by all Council members and the paper was not formally endorsed. This paper now presents the submission for consideration and formal endorsement by Council. OFFICER'S RECOMMENDATION "That Council: 1. Endorse the submission made on behalf of Tablelands Regional Council to the Joint Select Committee on Northern Australia; and 2. Note the submission to the Joint Select Committee on Northern Australia made by Tablelands Futures Corporation on behalf of the broader region that encompasses both the Tablelands Regional Council and the Mareeba Shire Council Local Government Areas." BACKGROUND The Federal Government's Northern Australia Committee has commenced an inquiry into the development of Northern Australia. The Committee has been tasked with the role of helping to define the future of North Australia and invited interested persons and organisations to make submissions addressing the terms of reference by 14th March 2014. A total of 233 submissions were received, including many submissions from Local Government Authorities. Of specific interest to the Tablelands are submissions by Cairns Regional Council, Cook Shire Council, Townsville City Council and Etheridge Shire Council. At a regional level Page 67


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submissions were made by FNQROC, TTNQ, Advance Cairns, Tablelands Futures Corporation and the Mareeba Chamber of Commerce. All submissions can be viewed online at the following address: www.aph.gov.au/Parliamentary_Business/Committees/Joint/Northern_Australia/Inquiry_int o_the_Development_of_Northern_Australia/Submissions A submission was also made by Cr Geoff Stocker and Mayor Rosa Lee Long on behalf of Council with specific reference to projects within the TRC region, this is provided as Attachment A to this paper. Unfortunately, very tight time constraints meant that this paper was not presented to all elected members prior to its submission and now requires formal endorsement. The high number of submissions to the committee shows the breadth of interest in this inquiry. It is, therefore, important to ensure that we speak with a single voice at all levels as we move forwards. The TFC submission, provided as Attachment 2 to this report, while presenting broadly the same issues as the TRC submission (namely Transport, Communications and Water Access) varies significantly at the project level as it is reflecting the broader region that includes Mareeba Shire. LINK TO CORPORATE PLAN 2 Strong and Growing Economy 2.1 Economic Development A strong, competitive and diverse economy throughout the region by providing support and investment in both business development and local employment opportunities CONSULTATION Internal N/A External N/A LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating N/A Is the expenditure noted above included in the 2013/2014 budget? N/A

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If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Seek to secure time at a public hearing. ATTACHMENTS 1. 2.

Tablelands Regional Council Submission to the Joint Select Committee on Northern Australia Tablelands Futures Corporation Submission to the Joint Select Committee on Northern Australia

Date Prepared:

8 April 2014

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ADMINISTRATION ITEM-8

NOTED CORRESPONDENCE - 17 APRIL 2014

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

OFFICER'S RECOMMENDATION "That the following correspondence be noted: 1.

Hon John McBeigh MP submits advice on potential for irrigated agriculture in the upper Herbert catchment.

2.

Hon Andrew Powell MP submits advice on council concerns in relation to upgrade of Ravenshoe and Tinaroo Dam Sewerage Treatment Plants

3.

Hon David Crisafulli MP submits advice to Mayor on disaster mitigation and resilience funding - funding closes 12/05/2014

4.

Premier of Queensland submits draft strategy for Safe Night Out - Please promote and share draft strategy

5.

Hon Ian Macdonald submits request for Mayoral Response in relation to Mobile Telephony Black Spots

6.

Minister for Tourism, Major Events, Small Business and The Commonwealth Games submits Queensland Camping Option Toolkit

7.

Minister of Natural Resources and Mines submits Blueprint of strategic focus for next 3 to 5 years

8.

Department of Transport and Main Roads submits roadworks notification for Nettle Creek bridge at Innot Hot Springs

9.

Minister Crisafulli submits advice regarding de-amalgamation costs. The letter refers to the purchase of 51 Mabel Street and employee relocation/travel allowances

Date Prepared: 10 May 2012

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ORGANISATIONAL SERVICES ORGANISATIONAL DEVELOPMENT ITEM-9

INFORMATION PRIVACY ACT 2009 - DELEGATION OF STATUTORY POWERS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

5 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Marj Nix, PA to Deputy Chief Executive Officer

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY The purpose of this report is to inform Council of amendments to the delegable powers under the Information Privacy Act 2009. The report sets out the powers that have been identified to be delegated to the Chief Executive Officer. OFFICER'S RECOMMENDATION "That, under section 257 of the Local Government Act 2009, Council delegate the exercise of the powers contained in Schedule 1 of the Instrument of Delegation (attached to these Minutes) to the Chief Executive Officer. These powers must be exercised subject to any limitations contained in Schedule 2 of the attached Instrument of Delegation." BACKGROUND MacDonnells Law has reviewed the Information Privacy Act 2009 (the Act) and advised of changes to Council's current powers. As a result of the review, the following powers have been identified: •

Section 76(5) and 75(5)(b) - particular notations required to be added in relation to amended applications;

Section 87(2) - deferral of access if the document was prepared for release to the media and the document is yet to be presented or released

An additional power under Section 71(2) (deemed decision on amendment applicant) has been given directly to the CEO (as the agency's principal officer) under the Act. The amendments to Council's powers are marked up on the attached Instrument of Delegation. It is recommended that these powers be delegated to the CEO. It is further recommended that certain of these powers be sub-delegated to Deputy CEO and the Manager Knowledge & Systems. Page 109


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LINK TO CORPORATE PLAN A Well Managed Region Outcome: 4.1 Accountable Leadership 4.1.4 Transparent Practices Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes. Outcome: 4.2 Quality Management 4.2.3 Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business. CONSULTATION Internal Deputy CEO External MacDonnells Law LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) There are legal implications for local government if management is not aware of the delegated powers and powers of authorised persons that are required for their divisions and departments to operate efficiently. These powers, depending on the administrative and operational objectives of Council, are delegated with the aim of optimising the relevant and appropriate application of the legislation, Council's organisational efficiency and turnaround times. Any significant issues with respect to the issue of legal correspondence rests with the Manager of the department whilst more regulatory functions, e.g. entry for investigative purposes, rests with the field officer. The statutory powers of employees, where delegated to their position by the Chief Executive Officer will be invalid if they can not be supported by an instrument documenting the particulars. In the case where Council is challenged on an action taken or a decision made by its employees, there needs to be proof that the employee held the powers required to do so. Such documentation is known as the instrument and is required for delegations and sub delegations. POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital Nil

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Operating If the delegations as proposed are accepted the financial implications will be negligible. If, however, the delegations are significantly reduced or not accepted the subsequent financial implications would be significant due to the increased administrative costs of processing applications and other matters through Council meetings. Is the expenditure noted above included in the 2013/2014 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION The specified position will receive a copy of the executed Instrument of Sub-Delegation and their Manager or direct supervisor will make them aware of the applicable delegations and authorisations. ATTACHMENTS 1.

Instrument of Delegation.

Date Prepared:

8 April 2014

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FINANCE ITEM-10

2014/2015 COST RECOVERY FEES AND CHARGES ORGANISATIONAL SERVICES AND COMMUNITY AND REGIONAL PLANNING DEPARTMENTS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Matthew Hyde, Deputy Chief Executive Officer

DEPARTMENT:

Organisational Services

EXECUTIVE SUMMARY This report is to inform Council of the process costs and proposed fees for the cost recovery fees for 2014/2015 for the Organisational Services and Community and Regional Planning Departments. The fees are listed to include current fees, calculated costs and proposed fees for 2014/2015. OFFICER'S RECOMMENDATION "That Council: 1.

adopt the proposed fees as listed in Attachment 1 for the Organisational Services and Community and Regional Planning Departments;

2.

approve that applications for new licences, registrations and approvals received on or after 1 April 2014 be given a currency period to 30 June 2015 using the fees & charges applicable at the date of the application.

BACKGROUND The proposed fees and charges for the Organisational Services and Community and Regional Planning Departments for the 2014/15 financial year are provided in Attachment 1 to this report. Some fees are statutory fees (set by legislation) and may not be able to be adjusted at Council's discretion. Consistent with previous years' fees and charges, all fees have been calculated on a cost recovery basis. This rate includes the average hourly rate for each section, on costs, plant hire, and corporate overheads. These rates can also be used where officers assist other Councils in performing various tasks.

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Items of note are: •

• • • • • •

In line with the 2012/13 budget process (in which the fee for cemeteries for purchase of land associated with the burial is to be phased over three years) the proposed fees for reservation of a grave site and adult and child combined burial and grave site are $630.00, $1,366 and $1,107.00 respectively; A significant reduction in hall hire for community non-profit groups; No increases to Library fees; A significant reduction in sustenance fees for cats and dogs seized; No increases to Environmental Health fees and a change in the fee method and price for temporary parking permits; No increases in the majority of Building and Plumbing fees; No significant increases in Regional Planning fees.

The fees and charges for Water, Waste, Wastewater and Visitor Information Centres have been delayed for further analysis and will be presented to Council at a future meeting. LINK TO CORPORATE PLAN OUTCOME:

2.1

Economic Development

A strong, competitive and diverse economy throughout the region by providing support and investment in both business development and local employment opportunities. 2.1.2- Business Support Market the Tablelands’ competitive advantages. Promote the region as an attractive investment option, a desirable place to work and do business. Support and assist business enterprises starting or expanding in the region. Work with business associations and economic development groups to enhance business activities and community involvement. OUTCOME:

4.1

Accountable Leadership

A local government that delivers strong leadership by advocating the needs of the community and setting clear directions through transparent practices and open engagement. 4.1.4 - Transparent Practices Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes. OUTCOME:

4.2

Quality Management

4.2.2 - Customer Relations Provide friendly, efficient, responsible and accessible services to all customers through development and maintenance of a workplace culture and systems that focus on excellent customer service delivery. CONSULTATION Internal Councillors Relevant Managers & Co-ordinators External Nil

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Council must be able to demonstrate that the cost recovery fees are no more than the cost to provide the service. Council are able to set a fee that is lower than the calculated cost. POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating The proposed fees and charges are based on recovery of Council's costs for each activity where practicable and are used to set the budget for 2014/15. Is the expenditure noted above included in the 2014/2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION If adopted, the fees and charges will be communicated to staff and placed on Council's website. ATTACHMENTS 1.

Schedules of Fees and Charges for: • Organisational Services  Cemeteries  Finance  Knowledge and Systems • Community and Regional Planning  Community Services Facilities and Halls Tourism Libraries  Regulatory Services Animal Management Environmental Health and Local Laws Building and Plumbing Regional Planning

Date Prepared:

2 April 2014

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ITEM-11

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FINANCIAL STATEMENTS PERIOD ENDING 31 MARCH 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Carol Trost, Executive Manager Financial Services

DEPARTMENT:

Organisational Services

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of financial matters for the period 1 March 2014 to 31 March 2014. OFFICER'S RECOMMENDATION "That Council note the financial report for the period ending 31 March 2014.� BACKGROUND Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 March 2014, Council shows an operational deficit of $8,581,611 compared to budgeted YTD surplus of $6,307,857. The main reason for the difference between YTD actual and YTD budget is the NDRRA works program with a $15.1M operating deficit compared to the YTD budget of $0.97M deficit. Further details of the differences are provided in the Income Analysis and Expenditure Analysis sections of this report.

March 2014 - Snapshot Total Operating Income Total Operating Expenditure Operating Surplus/(Deficit) Total Capital Income (grants, developer contributions) Net Result - Deficit

$65,761,209 $74,342,820 -($8,581,611) $4,519,473 -($4,062,137)

Capital Expenditure As explained during the 3 month budget review, the annual capital budget values included the new Mareeba Shire Council in 2014. The Mareeba Shire Council capital budget of $18,086,117 and capital expenditure excluding commitments of $5,482,246 have been excluded from the information provided below.

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Total capital expenditure (excluding commitments) of $12,001,635 has been spent against the $27,480,160 budgeted for the 2013/14 year. The graph below illustrates actual YTD expenditure and annual budget. Capital Actual v Budget

Millions

Wastewater Water Waste Construction& Maintenance Infrastructure Support Community & Regional Planning

Organisational Services Governance & Exec. Services

-2

-

2

4

Actual

6

Commitments

8

10

Remaining spend

Income Analysis Total income (including capital income) for the period ending 31 March 2014 is $70,280,682 compared to the YTD budget of $65,943,780. The detailed variances relating to income is detailed below. The graph below shows March 2014 income compared to YTD Budget. Actual Income V Budget Income

Mar-14 Budget 13/14

$45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $Net Rates & Utility Charges

Fees & Charges

Operating Grants, Subsidies & Contributions

Interest Revenue

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Description Net Rates & Utility Charges Fees & Charges Operating Grants, Subsidies & Contributions Interest Revenue Works for Third Parties Other Revenue Capital Income Total Revenue

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Actual YTD 41,326,258 1,367,566

Budget YTD 40,661,876 1,457,505

8,535,324 1,473,165 6,039,067 7,019,829 4,519,473 70,280,682

10,119,156 2,001,284 5,978,186 3,635,020 2,090,755 65,943,780

% Variance $ Variance Note 2% 664,383 -6% 89,938

-16% -26% 1% 93% 116% 7%

1,583,832 528,119 60,882 3,384,809 2,428,718 4,336,902

1 2 3 4

Variances to note are: 1.

2.

3. 4.

Operating Grants, Subsidies & Contributions - NDRRA subsidy YTD Actual is tracking low to estimated YTD Budget by $1.9m. QLDRA have advised final payment relating to 2010 event has been recommended and is waiting on final approval by the CEO/CFO in the sum of $1.1M. NDRRA Projects Officer is in the process of finalising a Form 9 for the 2011 event which should result in a payment in excess of $7M. Interest Received – Interest revenue budget will need to be reduced in the amended budget planned for adoption in June 2014. The internal distribution of interest is outstanding and while this will not affect the YTD values shown above, it will affect the Interest received actual values included for General, Waste, Sewerage and Water in the Budgeted Income Statement by fund. Other Revenue - YTD Actual includes $3.4m de-amalgamation recovery. These amounts were unknown and therefore not budgeted as income. Capital Income – Capital Grants and Subsidies $3.4M actual YTD in excess of budget YTD $1.8m, correction required to the budget to include $2m Roads to Recovery Capital Subsidy (unbudgeted funds received). Developer Contributions $988,095 actual YTD in excess of budget YTD by $322,755.

Expenditure Analysis Total expenses for the period ending 31 March 2014 are $74,342,820 which is higher than the YTD budget of $53,166,284. The main reasons for the higher expenditure is due to the value of actual works for Council flood damage exceeding the estimated budget by $12.2m and deamalgamation costs of $2.2m which were unknown and not included in the budget. The graph below shows March 2014 expenditure compared to the YTD Budget.

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Actual Expenditure VBudget Expenditure

Mar-14 Budget 13/14

$50,000,000 $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000

`

$20,000,000 $15,000,000 $10,000,000 $5,000,000 $Employee Expenses

Description Employee Expenses Materials and Services Depreciation expenses Finance and Borrowing costs Total Expenditure

Materials and Services

Actual YTD 22,137,727 44,828,817 6,908,986 467,289 74,342,820

Depreciation expenses

Budget YTD 21,341,200 26,478,332 9,293,103 432,534 57,545,169

Finance and Borrowing costs

% Variance $ Variance Note 4% 796,528 69% 18,350,485 1 -26% 2,384,117 2 8% 34,756 29% 16,797,651

Variances to note are: 1.

2.

Materials & Services – NDRRA budget will need to be amended to take into account the opening balance of unspent subsidies from 30 June 2013. The NDRRA actual YTD is $12.2M above budget YTD. The de-amalgamation costs $1.4m actual YTD were unknown at time of budget preparation and therefore were not included in the budget. Road Maintenance actual YTD is above YTD budget by $0.4m. Plant Fleet & Workshop actual YTD is above YTD budget by $1.8m due to internal hire being low. Waste actual YTD is above YTD budget by $1.2m (300,000 included relates directly to MSC) however the actual YTD value is similar to the expenditure level of the previous year. Sewerage actual YTD is above YTD budget by $0.3m ($196,000 included relates directly to MSC) with increased costs associated with compliance issues. Water actual YTD is above YTD budget by $0.6m ($240,000 included relates directly to MSC) due to increased maintenance requirements. Depreciation – YTD Budget overstated due to including depreciation on assets to be transferred to Mareeba Shire Council for the period July-December.

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Loan Borrowings Council's loan balances are in the process of being finalised to remove the MSC portion as at 1 January 2014.The balance sheet values have been adjusted to the estimated value for TRC only. QTC is in the process of forwarding documents to correct an administrative error in the documents to transfer the loan balances at 31 December, 2013. The correction is planned for early May 2014 to allow time for the documents to be signed by the Transfer Committee and be returned to QTC. The loan balances as at 31 March 2014 included in the Balance Sheet and are listed below: QTC Loans DLGP Loan

$6,672,229 $ 244,200 $6,916,429

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges owed to Council as at 31 March 2014 is $4,150,794.00. Just over 1300 reminder notices have issued following the 31 March 2014 due date for payment. Council has received payments in advance/overpayments for rates and charges amounting to $209,557. Sundry Debtors The total outstanding for Sundry Debtors included in the attached balance sheet as at 31 March 2014 is $2,709,703. Current

30 days

60 days

90 + days

1,032,036.32

1,208,449.70

80,051.59

389,165.62

38%

45%

3%

14%

The following government departments have outstanding balances 30 days or greater: •

State Dept Housing and Public Works $251,643 (90+ days) This is under investigation and may result in credit note being issued should the investigation confirm the advice received from the department that no value is owed to TRC for this project.

There are 100 sundry debtor accounts that have made advance/overpayments amounting to $27,576 in total. Council's debt collection agency, Collection House, has collected $20,179 for the month of March, 2014.

Procurement Council's Procurement Policy sets out provisions regarding the acquisition of goods and services and provides the criteria which must be followed by all Council employees for purchasing. The procurement thresholds outline specific requirements for quotations and tenders and outlines exceptions for particular situations which entitle the purchase to be made without first inviting quotations or tenders including - where there is only one supplier reasonably available; a genuine Page 159


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emergency exists; the goods are purchased at auction or are second-hand; or the contract is made under a Local Buy arrangement. In the situation that a purchase is classified as an 'emergency' the Procurement Policy determines that retrospective Council approval is required. There were no transactions classified as 'Emergency' purchases during the month of March 2014: LINK TO CORPORATE PLAN OUTCOME:

4.2

Quality Management

Quality service to all customers by ensuring that the region’s assets and the organisation’s workforce and knowledge are appropriately managed. LONG TERM STRATEGIES 4.2.3 - Knowledge Management Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business. CONSULTATION Internal Financial Accountant Management Accountant External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government…if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month.

POLICY IMPLICATIONS Information has been provided to achieve compliance with Council's Procurement Policy. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil Page 160


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IMPLEMENTATION/COMMUNICATION Nil Internal Financial Accountant Management Accountant External Nil

ATTACHMENTS 1. Financial Statements - 1 March to 31 March 2014 (ECM #2956480) Date Prepared:

9 April 2014

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ATTACHMENTS

TABLELANDS REGIONAL COUNCIL

Balance Sheet For the period ended 31 March 2014 2013/2014

2012/2013

Current Assets Cash and cash equivalents Trade and other receivables Inventories Assets held for distribution

36,457,663 8,226,328 2,007,153 356,733,111

41,101,464 4,201,855 1,268,738 373,812,366

403,424,255

420,384,423

9,000 389,970,431 18,990,362 2,619,118

9,500 396,471,280 7,581,112 1,322,165

Total Non-Current Assets

411,588,912

405,384,057

Total Assets

815,013,167

825,768,480

3,011,139 528,347 214,038 12,803,559

4,781,163 406,960 265,201 16,722,813

16,557,082

22,176,137

726,692 4,483,090 8,092,789

674,284 5,882,516 8,251,953

Total Non-Current Liabilities

13,302,571

14,808,753

Total Liabilities

29,859,653

36,984,890

785,153,514

788,783,590

718,744,747 66,408,767

722,374,824 66,408,766

785,153,514

788,783,590

Total Current Assets

Non-Current Assets Receivables Property, plant and equipment Capital works in progress Intangible assets

Current Liabilities Trade and other payables Borrowings Provisions Liabilities directly associated with assets held for distribution Total Current Liabilities

Non-Current Liabilities Trade and other payables Borrowings Provisions

NET COMMUNITY ASSETS Community Equity Retained surplus/(deficiency) Asset revaluation reserve

TOTAL COMMUNITY EQUITY

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INFRASTRUCTURE SERVICES CONSTRUCTION & MAINTENANCE ITEM-12

JUE SUE ROAD REPORT ON PINE TREES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Department Infrastructure & Maintenance Services

EXECUTIVE SUMMARY At Council's meeting on 3 April 2014, the following General Business resolution was adopted: "That Council authorise the General Manager Infrastructure Services to undertake an assessment on the safety of approximately 180 pine trees on the Jue Sue Road reserve, Tolga (from Mehmet Road north) and report back to Council". This report is in response to this resolution. OFFICER'S RECOMMENDATION "That Council 1.

Note the attached visual assessment of the Jue Sue Road Pine Trees.

2.

Note the proposal to install guide posts to improve road user safety.

3.

Consider removing the pine trees when Council provides funding for the upgrade of Jue Sue Road to a sealed pavement."

BACKGROUND At Council's meeting on 3 April 2014, the following General Business resolution was adopted: "That Council authorise the General Manager Infrastructure Services to undertake an assessment on the safety of approximately 180 pine trees on Jue Sue Road reserve, Tolga (from Mehmet Road north) and report back to Council".

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In response to this resolution, Council's Overseer Parks and Gardens completed a visual assessment of the row of pine trees in question (refer to attachment 1). The visual inspection of the trees identified that of the approximate 178 trees, 166 are healthy, 10 are dead and 2 are in poor condition. Some of the trees have snapped off and previously been removed (refer to photographs provided in attachment 2). The Overseer Parks and Gardens has assessed the risk posed by these trees as low and hence no remedial action is proposed at this time. Jue Sue Road is approximately 1.7km long. It is a straight gravel road with good visibility. With reference to the attached photographs, the pine trees are approximately 1 m off the gravel roadway. The trees as such do not pose a risk to motorists unless they were to leave the carriageway. This may occur if a road user was to slide on the gravel road surface. As such the Manager Construction and Maintenance will arrange for guideposts to be installed. The alignment of the trees is such that they may interfere with any future road upgrades depending on the road alignment and road cross fall selected. It is suggested that the removal of the these pine trees be considered in the design of any future road upgrade. LINK TO CORPORATE PLAN STRATEGY Traffic Management

Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

Outcome – Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the Region’s current and future needs. STRATEGY Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Consultation has occurred with the Manager of Construction and Maintenance and the Overseer Parks and Gardens External The Mayor, Cr Hodge and General Manager Infrastructure Services have previously meet with the adjacent land owner who advised that he could arrange the removal of the trees for $8,000.

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Should branches from the pine trees fall onto the road or onto passing vehicles, legal and insurance issues may occur. POLICY IMPLICATIONS N/A Page 166


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FINANCIAL & RESOURCE IMPLICATIONS Capital No capital funds have been provided for works on Jue Sue Road Operating No operational funds have been provided for works on Jue Sue Road Is the expenditure noted above included in the 2013/2014 budget? No funds have been provided for works on Jue Sue Road in the 2013/14 budget If not you must recommend how the budget can be amended to accommodate the expenditure N/A

IMPLEMENTATION/COMMUNICATION The adjacent land owner will be notified of Council's decision by Infrastructure Support Services staff. ATTACHMENTS 1. 2.

Visual Assessment completed by Overseer Parks and Gardens Photographs of the Jue Sue Road Pine Trees

Date Prepared:

9 April 2014

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ITEM-13

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ROCKY CREEK REST AREA INTERSECTION

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 April 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Department Infrastructure & Maintenance Services

EXECUTIVE SUMMARY At Council's meeting on 3 October 2013, Council moved the following minute; "That Council write to the Department of Transport and Main Roads requesting the Department erect signs providing motorists with the advance warning of the intersection and information regarding the Rocky Creek rest area". This report is in response to this minute. OFFICER'S RECOMMENDATION "That Council 1.

Note the follow up letter from the CEO to DTMR requesting the signage.

2.

Remove this item from the Council action list on the condition that any response from DTMR is forwarded to Councillors."

BACKGROUND At its meeting on 3 October 2013, Cr McGrath moved a motion that was seconded by Cr Taylor as follows: "That Council write to the Department of Transport and Main Roads requesting the Department erect signs providing motorists with the advance warning of the intersection and information regarding the Rocky Creek rest area". As a result of this resolution, the then General Manager of Infrastructure Services wrote to the Department of Transport and Main Roads (DTMR) requesting the signage be erected (refer to attachment 1). Unfortunately no response was received from DTMR. A follow up letter has now been sent to DTMR signed by the CEO (refer to attachment 2).

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LINK TO CORPORATE PLAN STRATEGY

Traffic Management

Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

Outcome – Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the Region’s current and future needs. STRATEGY Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Consultation has occurred with Council through the Council meeting action list. External Letters have been sent to DTMR requesting signage for the Rest Area.

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating N/A Is the expenditure noted above included in the 2013/2014 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A

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IMPLEMENTATION/COMMUNICATION Council will be advised of any response received from DTMR ATTACHMENTS 1. 2. 3. 4.

Original Letter to DTMR requesting signage Follow up letter to DTMR requesting signage Photographs of the area. Original Council Resolution

Date Prepared:

9 April 2014

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ATTACHMENT 1

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Attachment 2

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Agenda 17 april 2014