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Ordinary Meeting No. 1 Wednesday, 20 January 2016

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ORDINARY MEETING NO. 1 WEDNESDAY, 20 JANUARY 2016 Councillors Gerard O’Connell (Chairperson), James Hansen, Phil Truscott, Chris Loft, Daniel Sanderson, Rolf Light, Trevor McDonald, Darren Everard, Robert Garland, Stuart Taylor, George Seymour. Councillors are advised that an ORDINARY MEETING will be held in the Fraser Coast Regional Council Chambers, Tavistock Street, Torquay, Hervey Bay on WEDNESDAY, 20 JANUARY 2016 at 10.00AM. LISA DESMOND CHIEF EXECUTIVE OFFICER Fraser Coast Regional Council acknowledges the traditional owners of the land upon which we meet today. BUSINESS ITEM NO. PAGE NO. ORD 1 OPENING PRAYER Pastor Ross Davie Bayside Christian Church ORD 2 APOLOGIES ORD 3 DISCLOSURE OF INTERESTS In accordance with the provisions of the Local Government Act 2009, Councillors are required to declare a “Conflict of Interest” or “Material Personal Interest” that may exist on any item on the agenda of the Council or Committee Meeting. ORD 4 MAYORAL MINUTES ITEM NO. PAGE NO. ORD 5 CONFIRMATION OF MINUTES OF MEETINGS ORD 5.1 Ordinary Meeting No. 16 ‐ 2 December 2015 4 ‐ 137 ORD 6 ADDRESSES/PRESENTATIONS ORD 6.1 Customer Service and Recognition Awards – October 2015 ORD 7 DEPUTATIONS ORD 8 PETITIONS ORD 8.1 Receipt of Petitions ORD 9 COMMITTEES’ AND DELEGATES’ REPORTS ORD 9.1 Small Business, Manufacturing & Service Industry Portfolio Report 138 ‐ 141 ORD 10 OFFICERS' REPORTS ORD 10.1 Open Resolutions Register 142 ‐ 146 ORD 10.2 Sport & Recreation Capital Assistance Grant 147 ‐ 152 ORD 10.3 Youth and Community Development Grants (Project Round) 2015/16 153 ‐ 158 ORD 10.4 Council Policy Review 159 ‐ 176 ORD 10.5 Application for New Lease – Fraser Coast Agility Dogs Inc – Maryborough 177 ‐180 ORD 10.6 CEO Performance Report 181 ‐ 218 ORD 10.7 Fraser Coast Opportunities Ltd Annual Report 2014/2015 219 ‐ 247 ORD 10.8 Quarterly Report on Implementation of Corporate Plan 2014‐2018 and Operational Plan 2015‐2016 – December 2015 248 ‐ 337 ORD 10.9 Application for Development Permit – Reconfiguring a Lot – Two (2) Lots into 87 Lots – Pialba Burrum Heads Road Dundowran Qld 4655 and 684 Dundowran Road Craignish Qld 4655 – Teresina Pty Ltd C/‐ Planit Consulting Pty Ltd 338 ‐ 365 ORD 11 MATTERS/MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil ITEM NO. PAGE NO. ORD 12 QUESTIONS ON NOTICE Nil ORD 13 CONSIDERATION OF ITEMS PLACED ON THE AGENDA WITH THE CONSENT OF THE MAYOR ORD 14 GENERAL BUSINESS ORD 15 CONFIDENTIAL Council resolves that under the Local Government Regulation 2012 the Meeting be closed to the public in accordance with Section 275(1)((h) – other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage for the purpose of considering: ORD 15.1 Council Property Transfer 368 ‐ 369 ORD 15.2 Resumption of Land – Pilerwa Road, Yerra 370 ‐ 373 ORD 15.3 Sale of Land for Overdue Rates 374 ‐ 395 ORD 15.4 Proposed Transfer of Land 396 ‐ 406 ORD 15.5 Resolution to Apply for an Extension of Timeframe to prepare a Local Government Infrastructure Plan (LGIP) 407 ‐ 410 4 4 ITEM NO: ORD 5.1 MINUTES OF THE ORDINARY MEETING NO. 16 HELD IN THE FRASER COAST REGIONAL COUNCIL CHAMBERS, MARYBOROUGH CITY HALL, KENT STREET, MARYBOROUGH ON WEDNESDAY, 2 DECEMBER 2015 COMMENCING AT 10AM PRESENT: Councillor Gerard O’Connell (Chairman) Councillor James Hansen Councillor Phil Truscott Councillor Chris Loft Councillor Daniel Sanderson Councillor Rolf Light Councillor Trevor McDonald Councillor Robert Garland Councillor Stuart Taylor Councillor George Seymour STAFF IN ATTENDANCE: Chief Executive Officer, Ms Lisa Desmond Director Community & Development Services, Mr Peter Smith Acting Director Organisational Services, Mr Sydney Shang Director Infrastructure Services, Mr Wayne Sweeney Media & Communications Officer, Mrs Lynda Downing Executive Manager Development and Planning, Mr James Cockburn Senior Planner, Ms Emily Burke Planner, Ms Stephanie Ellis Executive Manager Regulatory Services. Mr David Murray Senior Environmental Health Officer, Mr Andrew MacDonald Coordinator Compliance, Vector & Pest Management, Mr Col Zemek Meeting Secretary, Ms Marlene Dennis ORD 1 OPENING PRAYER Pastor Yuan Miller Victory Church #2875356 5 5 Minutes of the FCRC Ordinary Meeting No. 16 held on Wednesday, 2 December 2015 Page 2 ORD 2 APOLOGIES RESOLUTION (Seymour/Loft) That the apology of Councillor Everard, absent on leave of absence, be accepted. Carried Unanimously ORD 3 DISCLOSURE OF INTERESTS Councillor Seymour declared a perceived conflict of interest in Item 10.4 ‐ Application for New Lease ‐ Hervey Bay Croquet and Mallet Sports Club Inc. as he is a former member of the Hervey Bay Croquet and Mallet Sports Club Inc. and would leave the meeting during discussion of the matter. Councillor McDonald declared a perceived conflict of interest in Item 10.10 ‐ Local Laws Review and Public Interest Test (PIT) stating that he had lodged a submission relating to the number of chickens allowable on a property. Councillor Loft said he wasn’t declaring an interest for himself but queried whether or not Councillor Taylor had a conflict of interest in Item ORD 11.2 ‐ Fraser Coast Sports Precinct as he was the President of the Wide Bay Football Association. Councillor Taylor responded stating that he did not believe another Councillor could determine if a Councillor had a conflict of interest. Councillor Taylor said that he did not believe he had a conflict of interest but rather he had a vested interest in the Sports Precinct as did everyone else in the community, and that he would remain in the Chamber during discussion and to vote on this item. Councillor Light declared a perceived conflict of interest in Item 10.14, the residential development at Toogoom as one of the directors of the development company is also the President of the Progress Association at Toogoom of which he has normal dealings with however he would remain in the chamber during discussion of this item. ORD 4 MAYORAL MINUTES Nil #2875356 6 6 Minutes of the FCRC Ordinary Meeting No. 16 held on Wednesday, 2 December 2015 Page 3 ORD 5 CONFIRMATION OF MINUTES OF MEETINGS ORD 5.1 Ordinary Meeting No. 15 – 9 November 2015 RESOLUTION (Light/ Hansen) That the Minutes of Ordinary Meeting No. 15 held on 9 November 2015 be confirmed. Carried Unanimously Councillor Light sought the Chairperson’s agreement to consider Item 10.13 – Application for Material Change of Use – Community Residence ‐ IFYS Pty Ltd – 482 O’Regan Creek Road, Toogoom – earlier than scheduled due to the number of residents in the gallery waiting to hear the outcome of this matter. Item 10.13 was considered after Item ORD 8.1 ‐ Receipt of Petitions. ORD 6 ADDRESSES/PRESENTATIONS ORD 6.2 Community Champion Awards (1) Mayor O’Connell and Councillor Phil Truscott welcomed and presented Kerrie Marshall with a Community Champion Award. (2) Mayor O’Connell and Councillor George Seymour welcomed and presented Janet Revill with a Community Champion Award. ORD 6.1 Customer Service and Recognition Awards – October 2015 Mayor O’Connell welcomed and congratulated the Customer Service Team represented by Amanda Genrich, Christine Pegg, Donna Kimber, Belinda Boyle and presented them with the presented her with the Customer Service Excellence Award (Office). Mayor O’Connell welcomed and congratulated the Maryborough CBD & Story Trail Team represented by Lisa Stephenson, Justin Stephenson, Craig Bottcher and Steve Gillum with the Service Champion Award (Office). #2875356 7 7 Minutes of the FCRC Ordinary Meeting No. 16 held on Wednesday, 2 December 2015 Page 4 ORD 7 DEPUTATIONS Nil ORD 8 PETITIONS ORD 8.1 Receipt of Petitions (a) Councillor McDonald tabled a petition containing 38 signatures from Chief Petitioner, Laurie McLean on behalf of the residents of Oceanblue Estate. The concerns relate to the subsequent stages of the estate, in particular block size and traffic flow. Councillor McDonald said that the number of signatures represented over 90% of the residents of the estate. RESOLUTION (McDonald/Sanderson) That the petition be received and referred to the Planning Department to be considered as part of the development application. Carried Unanimously (b) Councillor Truscott tabled a petition signed by 43 people, 30 of whom were local residents, requesting Council to clear and maintain the undergrowth on the coastal side of The Esplanade in the area known as “Little Tuan” to allow the sea breeze to get past the coastline reducing the impact of midges, mosquitoes and sandflies locally. RESOLUTION (Truscott/Sanderson) That the petition be received and referred to the Chief Executive Officer for action. Carried Unanimously (c) Councillor Hansen tabled a petition containing 636 signatures from J Maynes seeking Council to not remove any more trees/ wildlife habitats along the whole Hervey Bay foreshore not just the Scarness Caravan Park until they undertake further research into an Environmentally and Wildlife Friendly Eco‐tourism solution. RESOLUTION (Hansen/Light) That the petition be received and referred to the Chief Executive Officer for a response. Carried (8/2) #2875356 8 8 Minutes of the FCRC Ordinary Meeting No. 16 held on Wednesday, 2 December 2015 Page 5 ORD 10.13 – Application for Material Change of Use – Community Residence ‐ IFYS Pty Ltd – 482 O’Regan Creek Road, Toogoom RESOLUTION (Light/McDonald) The recommendation for Development Application MCU‐151045 is as follows: Description of Proposal: Development Permit for Material Change of Use ‐ Community Residence Decision: Refusal Refusal Details: The assessment manager considers that the application be refused based on the following grounds: 1. The application has not demonstrated compliance to the Strategic Framework of the Fraser Coast Planning Scheme 2014 specifically in relation to the following sections: a. Section 3.2.2 – the development proposes a community residence in Toogoom being a coastal village with limited availability of services particularly social infrastructure; b.
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