TRC EBP April 2008

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REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

REPORT OF THE COMMITTEE OF THE COUNCIL

TUESDAY, 9 JUNE 2009 AND WEDNESDAY, 10 JUNE 2009

His Worship the Mayor Councillor P.M. Taylor (Chairperson) Councillor R.P. Antonio (Portfolio Leader: Water Services) Councillor W.W. Cahill (Portfolio Leader: Environmental and Community Services) Councillor A.C. Glasheen (Portfolio Leader: District Services) Councillor P.C.T. Marks (Portfolio Leader: Planning and Development Services) Councillor J.J. McVeigh (Portfolio Leader: Corporate Services) Councillor J. Ramia (Portfolio Leader: Tourism Events and Parks Services) Councillor R.S. Scotney (Portfolio Leader: Community Heritage and Facilities Services) Councillor N.L. Strohfeld (Portfolio Leader: Strategic Services) Councillor C.E. Taylor (Portfolio Leader: Engineering Services) Councillor M.A. Williams (Portfolio Leader: Financial and Sporting Services)

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TABLE OF CONTENTS

1 CONFIDENTIAL - Jondaryan Woolshed Operational Review and Feasibility Study Report

2 CONFIDENTIAL - Contract Negotiations for Gas Collection at the Toowoomba Waste Management Centre, Bedford Street, Toowoomba

3 CONFIDENTIAL - Rate Exemption/Remission

4 CONFIDENTIAL - Building and Compliance Branch - Proposed Restructure and Budget Implications

5 CONFIDENTIAL - Development Assessment - Planning and Environmental Appeals and Compensation Claims - April 2009 - 2 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

6 Submissions for Proposed Planning Scheme Amendment No.11

7 Toowoomba Regional Planning Scheme - May 2009 Project Update

8 Requested Scheme Amendment to Toowoomba Planning Scheme for 1116 and 1128 Boundary Street South, Drayton, and 1-21 Sunset Drive and 753 and 755 Greenwattle Street, Glenvale

9 Liquor Act 1992 - Application for Extended Trading Hours - Cube Hotel

10 Liquor Act 1992 - Application for Extended Trading Hours - Federal Hotel

11 Development Assessment - Landscaping Conditions for Development Approvals

12 Development Assessment - Regional Development Application Report - April 2009

13 Development Assessment - Delegated Decisions and Publicly Notified Material Change of Use Applications - May 2009

14 Carbon Footprint for the 2007/2008 Financial Year

15 Proposed Cycleway Within City Golf Club Land - 250-254 South Street, Toowoomba

16 Wyreema Road Sport and Recreation Complex - Federal Government Decision on Referral of Proposed Action

17 Toowoomba City Centre Master Plan Project Update

18 Economic Development Advisory Committee

19 Adaptation Planning for Climate Change - A Program for Local Government - Adaptive and Resilient Communities

20 Strategic Directions for Natural Environment Sustainability

21 Amended Application to Amend Order - Trading Hours - Non-Exempt Shops Trading by Retail - State, City of Toowoomba Area

22 2009 - 2014 Corporate Plan

23 Oakey Street Sprints - Request for Council Assistance

24 Review of Appointment - Town Crier

25 Community Support Requests - (a) Toowoomba & District Youth Service Inc. (b) Royal Society For The Prevention Of Cruelty To Animals Inc. (c) Harlaxton Neighbourhood Centre Inc. (d) Toowoomba Historical Society Inc.

26 Amend Fees and Charges for the 2009/2010 Financial Year - 3 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

27 Review of Australia Day Committee Structure and Operation

28 Amendments to Locality Names and Boundaries

29 Proposed Telstra Tower at Picnic Point - 2A Rowbotham Street, Toowoomba

30 Australian Local Government Women's Association (Qld) 2009 Conference

31 Local Government Association of Queensland 2009 Annual Conference

32 Report of the Audit Committee Meeting of 27 May 2009

33 Status of Actions Required from Council Decisions

34 Significant Business Activities - Code of Competitive Conduct

35 End of Month Financial Report - April 2009

36 Progress Report on $1.8M RLCIP Federally Funded Local Infrastructure Projects

37 Councillor Briefing Sessions

38 Other Business - 4 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL

9 and 10 June 2009

Meeting Commenced: 9.09 a.m. on Tuesday, 9 June 2009 9.05 a.m. on Wednesday, 10 June 2009

PRESENT: His Worship the Mayor Councillor P.M. Taylor (Chairperson) Councillor R.P. Antonio (Portfolio Leader: Water Services) Councillor W.W. Cahill (Portfolio Leader: Environmental and Community Services) Councillor A.C. Glasheen (Portfolio Leader: District Services) Councillor P.C.T. Marks (Portfolio Leader: Planning and Development Services) Councillor J.J. McVeigh (Portfolio Leader: Corporate Services) Councillor J. Ramia (Portfolio Leader: Tourism Events and Parks Services) Councillor R.S. Scotney (Portfolio Leader: Community Heritage and Facilities Services) Councillor N.L. Strohfeld (Portfolio Leader: Strategic Services) Councillor C.E. Taylor (Portfolio Leader: Engineering Services) Councillor M.A. Williams (Portfolio Leader: Financial and Sporting Services)

IN ATTENDANCE: Chief Executive Officer (Ken Gouldthorp) [Left meeting at 11.50 a.m. on 10 June 2009 and was absent for consideration of Items 26 to 36 and 38] Director, Planning and Development Services (Stewart Somers) [Items 4 to 13] Director, Water Services (Kevin Flanagan) [Item 14] Director, Strategic Services (Jo Molin) [Item 15 to 22] Director, Environmental and Community Services (Brian Pidgeon) [Item 23 to 26] Director, Corporate Services (Murray Wright) [Item 27 to 36 and 38] Co-ordinator, Council Business (Angela O'Neil) [Items 1 to 38] - 5 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

The Committee reports having met with -

(a) Mr Albert Stafford and Mr James Corvan of The Stafford Group and Members of the Board of Jondaryan Woolshed Pty Ltd namely, Professor Malcolm McKay (Chair) and Dr Eric Donaldson and discussed the Jondaryan Woolshed Operational Review and Feasibility Study Report (Item 1 refers).

(b) Mr Kelly Egan of Cardno and discussed options for a proposed cycleway within the City Golf Club land at 250-254 South Street, Toowoomba (Item 15 refers).

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Portfolio: TOURISM EVENTS AND PARKS SERVICES

REPORT TITLE CONFIDENTIAL - Jondaryan Woolshed Operational Review and Feasibility Study Report AUTHOR Manager, Tourism and Events (Debra Howe) - 25 May 2009

(a) Closure of Meeting to the Public (Tuesday, 9 June 2009)

Motion: Moved by Cr. Strohfeld, seconded by Cr. Antonio

That the meeting be closed to the public in accordance with Section 463(1) (c) and (h) of the Local Government Act 1993 to discuss a matter relating to Council's budget and which would be likely to prejudice the interests of Council or someone else, or enable a person to gain a financial advantage. Carried

(b) Confidential Report

A confidential report on the outcomes of the Jondaryan Woolshed Operational Review and Feasibility Study for Toowoomba Regional Council was considered.

Mr Albert Stafford and Mr James Corvan of The Stafford Group and Members of the Board of Jondaryan Woolshed Pty Ltd namely, Professor Malcolm McKay (Chair) and Dr Eric Donaldson.

(d) Opening of Meeting to the Public (Tuesday, 9 June 2009)

Motion: - 6 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Moved by Cr. Antonio, seconded by Cr. McVeigh

That the meeting be opened to the public. Carried

COMMITTEE RECOMMENDATION

1. That Council receive and note The Stafford Group’s Final Report - Jondaryan Woolshed Operational Review - Feasibility Study, Business Plan and Implementation Strategy.

2. That Council adopt Option 2 from The Stafford Group’s Final Report - Jondaryan Woolshed Operational Review - Feasibility Study, Business Plan and Implementation Strategy to guide the future strategic direction for Jondaryan Woolshed as :

(a) an events and function venue;

(b) a custodian of equipment reflecting the social history of the area; and

3. That the Chief Executive Officer be authorised to negotiate and enter Council into an operating agreement with Jondaryan Woolshed Pty Ltd to operate the Jondaryan Woolshed, with the view to the agreement being generally based on the proposed agreement as attached to the Confidential Report dated 29 May 2009 from the Manager, Tourism and Events and taking effect from 1 July 2009.

4. That the Chief Executive Officer be requested to arrange for assistance to be provided to the Jondaryan Woolshed Pty Ltd Board to complete the transition.

5. That Council consider the financial contributions requested in the Jondaryan Woolshed Operational Review - Feasibility Study, Business Plan and Implementation Strategy Report when forming the 2009/2010 budget.

REASONS FOR RECOMMENDATION

Option 2 recognises that there is an important community and social history responsibility to preserve and maintain buildings and equipment. Through the vision of Option 2 these elements can be well maintained and remain sustainable.

With a new emphasis on an Events and Function Centre and festivals which can offer “hands-on” and active experiences, the Jondaryan Woolshed should focus upon and create/enhance clearly defined marketing strategies, including on-line, promotions and partnerships, for improving its reach into the marketplace to grow the centre commercially.

Council entering into the operating agreement between TRC and the Jondaryan Woolshed Pty Ltd Board will allow the management of the facility to transition from Toowoomba Regional Council to Jondaryan Woolshed Pty Ltd. - 7 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 1)

Item 1 Confidential - Jondaryan Woolshed Operational Review and Feasibility Study Report

Motion: Moved by Cr. C. Taylor, seconded by Cr. McVeigh

1. That Council receive and note The Stafford Group’s Final Report - Jondaryan Woolshed Operational Review - Feasibility Study, Business Plan and Implementation Strategy.

(a) an events and function venue;

(b) a custodian of equipment reflecting the social history of the area; and

4. That the Chief Executive Officer be requested to arrange for assistance to be provided to the Jondaryan Woolshed Pty Ltd Board to complete the transition.

Councillor Cahill requested that his vote against the motion be recorded.

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------2 and 3 Brian Pidgeon Please arrange negotiations to occur and a 31/08/09 - 8 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Debra Howe subsequent agreement to be prepared based on the outcome of the negotiations. ------4 Brian Pidgeon Please arrange for assistance to be provided 31/12/09 to the Jondaryan Woolshed Pty Ltd Board. ------5 Brian Pidgeon Please submit for consideration during budget 30/06/09 Debra Howe discussions. ------9 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: ENVIRONMENTAL AND COMMUNITY SERVICES

REPORT TITLE CONFIDENTIAL - Contract Negotiations for Gas Collection at the Toowoomba Waste Management Centre, Bedford Street, Toowoomba AUTHOR Manager, Environmental Health Services (Tony Shadwell) and Manager, Project Services (David Pemberton) - 22 May 2009

(a) Closure of Meeting to the Public (Tuesday, 9 June 2009)

Motion: Moved by Cr. Strohfeld, seconded by Cr. Antonio

(b) Confidential Report

A confidential report on contract negotiations for gas collection at the Toowoomba Waste Management Centre, Bedford Street, Toowoomba was considered.

Motion: Moved by Cr. Antonio, seconded by Cr. McVeigh

That the meeting be opened to the public. Carried

COMMITTEE RECOMMENDATION

1. That Council end the tender process with LMS Generation Pty Ltd, 2/48 King William Road, Goodwood, South Australia 5034, for Contract PT07-07/08 - Design, Construction, Operation and Maintenance of a Landfill Gas Collection System and Energy Production Plant at the Toowoomba Waste Management Centre.

2. That, following further investigations into options for gas collection and use systems at the Toowoomba Waste Management Centre and for maximising the capacity for on-site waste disposal cells, a report on the outcomes be presented for consideration at a future meeting of Council. - 10 -

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REASONS FOR RECOMMENDATIONS

Ending the tender process with LMS and re-tender once a more informed decision can be made on the collection and use of gas at the Toowoomba Waste Management Centre, Bedford Street is considered to be a better, more cautious option.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 2)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Tony Shadwell Please instigate all follow-up action. 31/07/09 ------Tony Shadwell Please arrange for further report to be 31/10/09 submitted to Council as required. ------11 -

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Portfolio: FINANCIAL AND SPORTING SERVICES

REPORT TITLE CONFIDENTIAL - Rate Exemption/Remission AUTHOR Senior Finance Officer - Revenue (Shayne Morris) - 1 June 2009

(a) Closure of Meeting to the Public (Tuesday, 9 June 2009)

Motion: Moved by Cr. Strohfeld, seconded by Cr. Antonio

(b) Confidential Report

A confidential report on rate exemption/remissions was considered.

(c) Notice of Association Councillor Ramia declared an association with one of the properties listed in the section headed "Current Applications" namely, the property identified in Paragraph 4.

(d) Opening of Meeting to the Public (Tuesday, 9 June 2009)

Motion: Moved by Cr. Antonio, seconded by Cr. McVeigh

That the meeting be opened to the public. Carried

COMMITTEE RECOMMENDATION

1. That the attached draft policy titled 'Rate Exemption for Community Organisations Policy' be adopted with effect from 1 July 2009.

2. That Council resolve that land used for charitable purposes as described in the Rate Exemption for Community Organisations Policy be exempt from rating other than utility charges.

3. That the power to consider applications under the Rate Exemption for Community Organisations Policy be delegated to the Chief Executive Officer. - 12 -

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4. That Council advise community organisations (that currently pay rates other than utility charges) of the Rate Exemption for Community Organisations Policy and invite application where applicable.

5. That Council advise community organisations (that currently pay rates other than utility charges) of the Rate Exemption for Community Organisations Policy where the transitional provisions are applicable.

6. That a further detailed briefing be provided on all rate exempt properties, after adoption of the 2009/2010 budget, with the view to further reviewing the policy prior to the 2010/2011 financial year.

REASON FOR RECOMMENDATION

To achieve fairness and equity in rate exemptions across the Region for not-for-profit community organisations.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 3)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------1 to 5 Shayne Morris Please instigate all follow-up action. 31/08/09 ------3 Angela O'Neil Please update Register of Delegations 15/07/09 ------6 Murray Wright Please arrange briefing for Councillors. 30/09/09 ------13 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE CONFIDENTIAL - Building and Compliance Branch - Proposed Restructure and Budget Implications AUTHOR Manager, Building and Compliance (David Krumins) - 29 May 2009

(a) Closure of Meeting to the Public (Tuesday, 9 June 2009)

Motion: Moved by Cr. Strohfeld, seconded by Cr. Antonio

(b) Confidential Report

A confidential report on a proposed restructure of Building and Compliance Branch and budget implications was submitted for consideration.

Motion: Moved by Cr. Antonio, seconded by Cr. McVeigh

That the meeting be opened to the public. Carried

COMMITTEE RECOMMENDATION

That the report be referred for consideration during framing of the 2009/2010 budget.

REASON FOR RECOMMENDATION

So that the matter can be considered in the context of the whole of the budget and not in isolation.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 4) - 14 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Stewart Somers Please refer for consideration during budget 30/06/09 discussions. ------15 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE CONFIDENTIAL - Development Assessment - Planning and Environmental Appeals and Compensation Claims - May 2009 AUTHOR Director, Planning and Development Services (Stewart Somers) - 1 May 2009

(a) Closure of Meeting to the Public (Tuesday, 9 June 2009)

Motion: Moved by Cr. Strohfeld, seconded by Cr. Antonio

(b) Confidential Report

A confidential report on Planning and Environmental Appeals and Compensation Claims for May 2009 was considered.

Motion: Moved by Cr. Antonio, seconded by Cr. McVeigh

That the meeting be opened to the public. Carried

COMMITTEE RECOMMENDATION

1. That the confidential report on Planning and Environment Appeals and Compensation Claims for May 2009 be noted by Council.

2. That Council delegate authority to the Chief Executive Officer to negotiate with the appellant/claimant to seek resolution of the compensation claims for public purposes and reduced value of interest in accordance with the recommendations contained in the confidential report on Planning and Environmental Appeals and Compensation Claims by the Senior Planning Officer dated 9 June 2009.

3. That Council be advised of further developments in relation to the matters referred to in the confidential report dated 9 June 2009. - 16 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

REASONS FOR RECOMMENDATION

1. To reduce Council's exposure to unnecessary expenditure.

2. To ensure that Council is kept informed of the progress of these matters .

3. To ensure that long-term planning objectives are not unduly compromised.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 5)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------2. Stewart Somers Please arrange for negotiations to occur. 31/07/09 ------3. Stewart Somers Please arrange for Council to be briefed on On-going these matters. ------

The Committee of the Council Meeting adjourned at 12.45 p.m. on Tuesday, 9 June 2009 and resumed at 3.21 p.m. on Tuesday, 9 June 2009. - 17 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Submissions for Proposed Planning Scheme Amendment No.11 AUTHOR Planning Officer (Wilson Tam) - 25 May 2009

PURPOSE OF REPORT

This report considers submissions to proposed Toowoomba Planning Scheme Amendment No.11 and recommends that the amendment be modified in response to those submissions.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

On 18 September 2007, Council resolved to prepare Toowoomba Planning Scheme Amendment No.11, which proposes to address a number of issues as follow:

1. The zoning of 41 West Street.

2. The zoning of 26-28 Brim Street.

3. Calling up Structure Plans when considering applications for development other than lot reconfigurations.

4. Allowing certain items to be sold by retail from a Home-based Business.

5. Reference in the Display Home/Office Code to advertising sign requirements.

6. Amenity issues relating to the construction of private swimming pools.

7. Requirements relating to Community Clubs and Community Facilities.

8. The zoning of land at 1012-1020 Ruthven Street.

9. The zoning of land within the vicinity of Bellara Drive.

10. Reference to the National Health and Medical Research Council standard in the Child Care Centres Code.

11. The assessment levels applying to Car Washing Stations.

12. The zoning of 663-667 Ruthven Street. - 18 -

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13. The implementation of the Toowoomba Regional Centre Zone Heritage Place Supplementary Survey 2007.

14. The demolition of outbuildings in heritage areas.

15. Assessment levels applying to development involving the extension and part demolition of places of potential cultural heritage significance.

16. The conversion of a building that was once a dwelling back to a dwelling.

17. The definitions applying to Child Care Centres and Education Establishments.

18. The provisions relating to development in slope stability areas.

19. The applicability provisions of the Dual Occupancy, Multiple Dwelling Units and Aged Persons Housing/Care Code.

20. The zoning of a former road reserve between Greenwattle and Euston Roads, Glenvale.

21. The zoning of 164-176 Handley Street.

The amendment was subsequently submitted to the Minister for Infrastructure and Planning for the first State interest check. On 12 December 2007, Council received comments made by State agencies through the State interest check.

On 12 February 2008, Council considered those comments and resolved to proceed with the proposed amendment with the following modifications:

1. the proposed provisions applying to elevated swimming pool decks apply to decks greater than 1 metre in height rather than the proposed 0.5 metre in height; and

2. the limitation on where air quality standards would apply to child care centres be removed.

The amendment was publicly notified between 16 February 2009 and 20 March 2009. The delay between Council resolving to proceed with the amendment and commencement of public notification was due to a delay in receiving approval to proceed to notification from the Department of Infrastructure and Planning. Ten submissions were received during the public notification period.

Nine of the submissions received relate to item 13 above, being changes proposed in relation to the Amendment of Appendix (Schedule 2) - Implementation of the Toowoomba Regional Centre Zone Heritage Place Supplementary Survey 2007. In 2001, Council identified sites within the Central Business District (CBD) that were considered to have heritage values. These sites were later designated as ‘Places of Potential Cultural Heritage’ in the planning scheme and controls applied to them requiring development approval for their demolition (in part or in total). While all of the sites contained structures of potential heritage significance, some structures on some sites have no heritage value however, because the structures with no significance had never been individually identified, their demolition still requires development approval. In 2007, Council surveyed all of the heritage sites within the CBD in order to distinguish between structures that were significant and those that were not. Amendment No .11 proposes to incorporate the results of that survey - 19 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

and to remove the requirement to obtain development approval for structures that have been identified as having no heritage significance.

The other submission relates to item 8. The planning scheme currently includes a strip of land approximately 20m wide that extends for the full width of the frontage of the Burstows Funeral Parlour site in Ruthven Street, within the Open Space Zone . This land was previously Unallocated State Land (Parks and Recreation Reserve). In November 2005, following receipt of advice from both Council and the Department of Main Roads, the Department of Natural Resources and Mines determined that the land was no longer required for its gazetted parks and recreation purpose, and consequently the land parcels were freeholded and sold to Burstow Funerals . In December 2006, Council approved the use of this land by Burstows for car parking. Given the sale of the land by the State and the subsequent development approval issued by Council, it is proposed that the zoning of the land be changed to Neighbourhood Residential, which is the same zoning as surrounding land.

ISSUES AND RESPONSES

All submissions relating to implementation of the Toowoomba Regional Centre Zone Heritage Place Supplementary Survey 2007 were considered by Council officers and Ivan McDonald, the author of the survey, and a summary of submissions and responses is attached.

The submission relating to 1012-1020 Ruthven Street (Burstows Funeral Parlour) requests that the whole of the funeral parlour site be included in a zoning that more appropriately reflects the existing use (such as a Special Uses Zone) rather than the Neighbourhood Residential Zone, which designates a funeral parlour as an Impact Assessable (not preferred) use.

There are currently four funeral parlours within the Toowoomba District, three located in residential areas and one within a commercial area. When the planning scheme was drafted the decision was made not to create a specific zone that would be applied to funeral parlours given the small number of sites such a zone would be applied to and the fact that most of the existing funeral parlours were in residential areas and any proposal to expand those funeral parlours should be subject to a higher level of assessment. Instead, existing funeral parlours were included within the zoning that generally applied to the surrounding area. New funeral parlours are encouraged to locate within higher order commercial areas (not local centres) or industrial areas, where their activities will not negatively impact on surrounding uses.

Modification of the planning scheme amendment in the manner requested in this submission is therefore not supported.

CONCLUSION

Council received ten submissions during the public notification period. After considering these submissions, it is recommended that some changes be made to the proposed amendment before it proceeds to second State interest check.

The proposed changes are considered reasonable and it is recommended that the proposed planning scheme amendment be modified accordingly. - 20 -

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RECOMMENDATION

That in accordance with Schedule 1, Section 16 of the Integrated Planning Act 1997, Council proceed with proposed Toowoomba Planning Scheme Amendment No.11 with the following modifications:

• ID 68 - 625 Ruthven Street (aka 26 Mann Street) be removed from the Appendix 1 (Schedule 2), Toowoomba Planning Scheme 2003.

• ID 298 - 34-36 Russell Street and 5 Keefe Street be removed from the Appendix 1 (Schedule 2), Toowoomba Planning Scheme 2003.

• ID 300 - 46-56 Russell Street, be removed from the Appendix 1 (Schedule 2), Toowoomba Planning Scheme 2003.

• ID 301 - 50-56 Russell Street, 11 Keefe Street (aka 59 Russell Street) and 60-64 Russell Street (aka 2 Victoria Street ), be removed from the Appendix 1 (Schedule 2), Toowoomba Planning Scheme 2003.

• ID 366 - 121 Margaret Street, the central courtyard be designated as not significant.

• Remove 121 Margaret Street from the description of ID 368 in Appendix 1 (Schedule 2), Toowoomba Planning Scheme 2003.

• Remove 131 Margaret Street from the description of ID 369 in Appendix 1 (Schedule 2), Toowoomba Planning Scheme 2003.

• ID 188 - 46 Neil Street be removed from the Appendix 1 (Schedule 2), Toowoomba Planning Scheme 2003.

• ID 308 - 245-255 Margaret Street would be amended as ID308 – 245-253 Margaret Street and the accompanying diagram amended to show the rear portion of the site as not significant.

REASONS FOR RECOMMENDATION

The recommendation fulfils the requirements of the Integrated Planning Act 1997 as it relates to the consideration of submissions by Council.

COMMITTEE RECOMMENDATION

That the recommendation of the Planning Officer be adopted by Council. - 21 -

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COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 6)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Heath Martin Please initiate necessary action. 31/08/09 ------22 -

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Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Toowoomba Regional Planning Scheme - May 2009 Project Update

AUTHOR Principal Planner, Land Use Planning (Heath Martin) - 29 May 2009

PURPOSE OF REPORT

To update Council on progress on the Toowoomba Regional Planning Scheme Project.

CORPORATE PLAN REFERENCE

Not applicable

BACKGROUND

In December 2008, Council resolved to prepare a new planning scheme for the Toowoomba Regional Council. An update will be provided each month to inform Council of progress.

ISSUES AND RESPONSES

Achievements This Period Achievements Evaluation and appointment of consultants to undertake planning studies. Commencement of process to develop project brand. Appointment of study co-ordinator to assist with integration of planning studies. Commissioning meetings held with each consultant. Integration workshop held with study consultants. Draft project branding concept developed. Open Space Network Study and Recreation Facilities Needs Study tendered. - 23 -

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Actions for Next Period Action Description Stakeholders Involved Expected Completion Date Finalisation of project branding Internal Development 21 July 2009 Group/Council Draft brief for Heritage and Project Team 29 May 2009 Urban Character Study Appoint consultant for Open Parks & Recreation Branch 3 July 2009 Space Network Study Appoint consultant for Community & Development 3 July 2009 Recreation Facilities Needs Facilities Branch Study Prepare for project launch in Project Team Launch date to be confirmed August 2009 Progress Planning Studies Study steering team ongoing

Decisions Needed from Steering Committee (Immediate or Upcoming) Decision Alternatives and Impacts Expected Decision Date Details Appointment of consultant for the Allows study to proceed 25 June 2009 Open Space Network Study Appointment of consultant for Allows study to proceed 25 June 2009 Recreation Facilities Needs Study

Risks Risk # Risk Description Mitigated Score Mitigation Respondent Strategy Co-ordination and Six consultants are Study co-ordinator integration of undertaking eleven appointed to planning studies planning studies. oversee integration Lack of of studies. co-ordination and integration between studies will lead to an inappropriate outcome.

Issues Issue # Issue Risk # Impact Action Date Date Due Status Description Required Logged Information Consultants Potential Identification 21 May 2009 1 June 2009 Active gathering seeking information of available information gaps in information as an input studies to studies. Some information difficult to obtain - 24 -

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Variations Variation # Variation Issue # Additional Additional PMG Steering Status Description Budget Schedule Approval Committee Date Approval Nil

Related Projects Project Impact Anticipated Delivery Status Date Toowoomba Regional The planning scheme Draft currently on public Council Corporate Plan needs to align with the exhibition corporate plan Toowoomba City Centre Statutory planning Commenced Master Plan document that will need to be accounted for in the new planning scheme Action 2050 Will be occurring Commenced concurrent to PS project; PS needs to reflect outcomes when developed Charlton-Wellcamp Appropriate Commenced Strategy development controls need to be included in the scheme Priority Infrastructure The PIP will be Yet to commence Plan and Infrastructure incorporated in the final Charges planning scheme document Waste Management Potential impact on land Yet to commence Strategy use pattern decisions

Steering Committee Outcomes Date of Decision Impact on Activity Date Due Status Meeting Project Required 29 January Endorsement of Allow project to 2009 Project proceed. Management Plan 23 April 2009 Endorsement of Allow project to Consultant 24 April 2009 Complete recommendatio proceed. appointments to ns to appoint be made. consultants to undertake planning studies

Budget Status Within Budget. - 25 -

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CONCLUSION

Work on the development of the new planning scheme is continuing and is progressing on schedule and within budget.

RECOMMENDATION

That the report of the Principal Planner, Land Use Planning dated 29 May 2009 providing a project update on the Toowoomba Regional Planning Scheme, be noted.

REASONS FOR RECOMMENDATION

No decision is required on this matter.

COMMITTEE RECOMMENDATION

That the recommendation of the Principal Planner, Land Use Planning be adopted by Council.

COUNCIL DECISION - 19 MAY 2009 (Committee of the Council - 12 and 13 May 2009 - Item 7)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------No further action required. ------26 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Requested Scheme Amendment to Toowoomba Planning Scheme for 1116 and 1128 Boundary Street South, Drayton, and 1-21 Sunset Drive and 753 and 755 Greenwattle Street, Glenvale AUTHOR Senior Planner Land Use Planning (Kate O’Connor) - 29 May 2009

PURPOSE OF REPORT

Council has received a request from the property owner, Mr Carey, for the subject site to be rezoned. The purpose of this report is to seek direction if the rezoning of the property should occur through the amendment of the existing planning scheme or upon the adoption of the Toowoomba Regional Planning Scheme.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

(a) 1128 Boundary Street South, Drayton

Upon adoption of the Toowoomba Planning Scheme 2003, the subject site was zoned Park Residential and Open Space. The Open Space zoning was located at the rear of the subject site and was a reflection of Council’s intention to obtain ownership of the land in order to expand the parks network within the locality.

In January 2008, the property owner and Council reached an agreement in which Council would purchase a reduced portion of the rear of the property . The area of land purchased was less than that which was designated as Open Space however , the area satisfied the intention to expand the parks network.

While the land ownership has been transferred, the zoning of the property has not been amended to reflect the reduced area acquired by Council. Therefore, the Open Space designation at the rear of the property remains over part of the privately owned section of the site.

The property owner lodged a 'Reconfiguring a Lot' application with Council in February 2009. By retaining the existing Open Space designation over the rear of the property, the development is susceptible to a higher level of assessment for the Reconfiguring a Lot application and any subsequent land use activities. The owner of the property has therefore requested that the Toowoomba Planning Scheme zoning maps be amended in order to reflect the change in land tenure. - 27 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Above: 1128 Boundary Street South

(b) 1-21 Sunset Drive and 753 and 755 Greenwattle Street, Glenvale

Upon adoption of the Toowoomba Planning Scheme 2003, the twelve properties located on the northern aspect of Sunset Drive, between Greenwattle Street and Woloobee Drive, were zoned Rural (Future Urban Land Precinct).

Council has approved the subdivision of this land into residential lots, with the plan of survey having been registered in 2007. Therefore, the Rural zoning has now become obsolete as it does not represent the land use activities which are occurring within the properties. - 28 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Above: 1-21 Sunset Drive and 753 and 755 Greenwattle Street, Glenvale.

ISSUES AND RESPONSES

(a) 1128 Boundary Street South, Drayton

As the intention of the Open Space zoning within 1128 Boundary Street South, Drayton has been achieved through the boundary realignment, the zoning is now superfluous. Therefore, the request to amend the zoning is reasonable. It is noted that this zoning issue also affects the adjoining property to the north.

Council is currently preparing an amendment to the zoning maps for land located within Hogg and Tor Streets, in accordance with the Council resolution passed on 21 April 2009. The amendment sought for zoning within the Hogg and Tor Streets locality was to retract the Open Space zoning which affected properties subdivided for residential land use activities. As the proposed changes are similar in nature , it is reasonable to lodge an amendment which deals with both issues at the same time.

(b) 1-21 Sunset Drive and 753 and 755 Greenwattle Street, Glenvale

In order for Council to be proactive in planning for the community, it is recommended that the zoning of the respective properties be amended to Neighbourhood Residential. This zoning is consistent with the surrounding area and will reflect the character of development within the properties. - 29 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

CONCLUSION

The requested amendment to the planning scheme in relation to 1116 and 1128 Boundary Street South, Drayton is reasonable giving the superfluous nature of the existing Open Space zoning over the rear portion of the property. As the zoning has previously achieved its intention of providing connectivity within the parks network, it is no longer relevant. Therefore, the proposed amendment of zoning to permit the entire property to be zoned Park Residential is appropriate and should be sought through an amendment to the Toowoomba Planning Scheme.

The proposed change to the zoning of 1-21 Sunset Drive and 753 and 755 Greenwattle Street, Glenvale, will assist in the future development of the area . The change in zoning to Neighbourhood Residential will reflect the character of the area and is consistent with the development consents that are being issued over the relevant properties.

RECOMMENDATION

That, in accordance with schedule 1, section 9 of the Integrated Planning Act 1997, Council propose to amend the Toowoomba Planning Scheme to include all of 1116 and 1128 Boundary Street, Drayton, within the Park Residential zone and to include the following properties within the Neighbourhood Residential zone:

• 3 Sunset Drive, Glenvale

• 5 Sunset Drive, Glenvale

• 7 Sunset Drive, Glenvale

• 9 Sunset Drive, Glenvale

• 11 Sunset Drive, Glenvale

• 13 Sunset Drive, Glenvale

• 15 Sunset Drive, Glenvale

• 17 Sunset Drive, Glenvale

• 19 Sunset Drive, Glenvale

• 21 Sunset Drive, Glenvale

• 753 Greenwattle Street, Glenvale

• 755 Greenwattle Street, Glenvale. - 30 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

REASONS FOR RECOMMENDATION

The proposed amendment to the Toowoomba Planning Scheme for will reflect the desirable land use for the subject site. The existing zonings for the relevant properties are now superfluous due to the changing circumstances. In the case of the Open Space zoning for 1116 and 1128 Boundary Street South, Drayton, the intention of the zoning was achieved through the boundary realignment which occurred in January 2008. Further, the Rural designation provided for 1-21 Sunset Drive and 753 and 755 Greenwattle Street no longer reflects the character of the streetscape due to the development of the area. Therefore, the amendment to the planning scheme will ensure that the relevant properties zoning will be in accordance with the intention for development of the properties.

COMMITTEE RECOMMENDATION

That the recommendation of the Senior Planner Land Use Planning be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 8)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Kate O'Connor Please prepare amendment to the 31/08/09 Toowoomba Planning Scheme as per Council Decision ------31 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Liquor Act 1992 - Application for Extended Trading Hours - Cube Hotel AUTHOR Acting Planning Projects Officer (David Hursthouse) - 18 May 2009

PURPOSE OF REPORT

To consider an application to the Office of Liquor, Gaming and Racing for Extended Trading Hours for the Cube Hotel; the details of which are as follows:

Applicant: Thunder Investments Pty Ltd

Property Owner: Thunder Investments Pty Ltd

Location: 31 Neil Street, Toowoomba

Real Property Description: Lot 1 RP5151 and Lot 1 SP184817

Area: 1,141m2

Current Use: Hotel

Current Trading Hours: 10:00 a.m. to 2:00 a.m. - Monday and Tuesday 10:00 a.m. to 3:00 a.m. - Wednesday to Sunday

Proposed Trading Hours: 8:00 a.m. to 5:00 a.m. - Friday and Saturday 10:00 a.m. to 3:00 a.m. - Sunday 10:00 a.m. to 2:00 a.m. - Monday and Tuesday 10:00 a.m. to 3:00 a.m. - Wednesday and Thursday

Zoning: Regional Centre Zone

Precinct: City Core Precinct

Regulatory Map Designation: Trunk Collector (Neil and Margaret Streets) Obstacle Limitation Surface Airport Dangerous Light Area 8Km Wildlife Buffer

CORPORATE PLAN REFERENCE

Not applicable

COUNCIL DECISION - 17 MARCH 2009 (Committee of the Council - 10 and 11 March - 32 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

2009 - Item 46.1)

“That any liquor licence application received by Council for hours beyond twelve midnight be referred to the Committee of the Council for its consideration and comment prior to a formal response to the Liquor Licensing Commission ".

BACKGROUND

Introduction

A Town Planning Consent Permit No . TPC53/97 was issued by the former Toowoomba City Council on 24 December 1997 for a Hotel, Indoor Entertainment and Caterers’ Room (MCUI/1997/53).

Condition 6 of this approval limited trading hours as follows:

8:00 a.m. to 2:00 a.m. - Monday and Tuesday; and 8:00 a.m. to 3:00 a.m. - Wednesday to Sunday.

In response to a previous request for extended trading hours on Friday and Saturday to 5:00 a.m., the former Toowoomba City Council advised on 10 October 2002 that any proposal to extend trading hours past 3:00 a.m. will require a Request to Change to Development Approval.

Application for Extension of Trading Hours

The applicant has submitted to the Office of Liquor, Gaming and Racing, an application for extended trading hours pursuant to the Liquor Act 1992.

The application seeks to extend the trading hours of the premises as follows:

Current Trading Hours: 10:00 a.m. to 2:00 a.m. - Monday and Tuesday 10:00 a.m. to 3:00 a.m. - Wednesday to Sunday

Proposed Trading Hours: 8:00 a.m. to 5:00 a.m. - Friday and Saturday 10:00 a.m. to 3:00 a.m. - Sunday 10:00 a.m. to 2:00 a.m. - Monday and Tuesday 10:00 a.m. to 3:00 a.m. - Wednesday and Thursday.

The Office of Liquor, Gaming and Racing wrote to Council on 30 April 2009 (received 5 May 2009) informing Council of the application and affording Council the opportunity to:

“1. Comment on the reasonable requirements of the public in the locality; or

2. Object to the grant of the application on the grounds that the amenity, quiet or good order of the locality would be lessened.”

The Office of Liquor, Gaming and Racing further advises:

“If you do not support the application, your comments or objections should include full particulars of: - 33 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

• The grounds upon which the objection is made; and

• The facts, evidence or reasons upon which it is based.

The Chief Executive cannot rely on statements that merely indicate the Council does not support or objects to the application.”

Council’s comments on, or objections to the grant of the application are required to be received by the Office of Liquor, Gaming and Racing by 11 June 2009. However, Council Officers have sought an extension of time within which to respond to 19 June 2009.

The Notice of Application for Extended Trading Hours advises the following grounds for objection:

“1. Undue offence, annoyance, disturbance or inconvenience to persons who reside or work or do business in the locality concerned, or to persons in or travelling to or from an existing or proposed place of public worship, hospital or school is likely to happen; or

2. The amenity, quiet or good order of the locality concerned would be lessened in some way.”

ISSUES AND RESPONSES

Impacts

The potential impacts of the proposed extension of trading hours are:

• The police presence at that time of the day may be inadequate to quickly respond to potential anti-social behaviour that would pose an unacceptable risk to the general public as well as public and private property in the immediate vicinity.

Proposed Submission to the Office of Liquor, Gaming and Racing

The text of the letter proposed to be forwarded to the Chief Executive Officer of the Office of Liquor, Gaming and Racing, under officer delegation is as follows:

“I refer to your letter dated 30 April 2009 informing Council of an application for Extended Trading Hours at 31 Neil Street, Toowoomba and described as Lot 1 RP5151 and Lot 1 SP184817, and provide the following submission:

The subject application seeks to change the hours of operation from 10:00 a.m. to 2:00 a.m. - Monday and Tuesday and 10:00 a.m. to 3:00 a.m. - Wednesday to Sunday to 8:00 a.m. to 5:00 a.m. - Friday and Saturday, 10:00 a.m. to 3:00 a.m. - Sunday, 10:00 a.m. to 2:00 a.m. - Monday and Tuesday, and 10:00 a.m. to 3:00 a.m. - Wednesday and Thursday. Council is concerned that the proposed extension of trading hours will have a detrimental impact on the amenity, quiet and good order of the locality and cause undue annoyance and disturbance to current and future business uses in the locality. - 34 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

On this basis, Council objects to the extended trading hours based on the potential amenity impacts to properties surrounding the subject site in Margaret and Neil Streets.

Council also objects to the extended trading hours based on the fact that the proposed trading hours extend beyond those trading hours permitted by Condition 6 of Development Approval for a Hotel, Indoor Entertainment and Caterers’ Room (Town Planning Consent Permit No. TPC53/97) issued by the former Toowoomba City Council on 24 December 1997 (MCUI/1997/53) which restricts the hours of operation of the premises to 10:00 a.m. to 2:00 a.m. - Monday and Tuesday and 10:00 a.m. to 3:00 a.m. - Wednesday to Sunday. If Council determined that the proposed extended trading hours did not constitute assessable development pursuant to the Integrated Planning Act 1997, a Request to Change or Cancel Conditions of the Development Approval in accordance with S3.5.33 of the Integrated Planning Act 1997 is required to be submitted to Council.

On the basis of the above submission, Council requests that the Office of Liquor, Gaming and Racing refuse the application for an extended trading hours permit.”

CONCLUSION

The proposed extension of trading hours for the Cube Hotel represents an unacceptable risk of detrimental impact on the amenity, quiet and good order of the locality and may cause undue annoyance and disturbance to current and proposed business uses in the locality. The proposed extension of trading hours is also inconsistent with Condition 6 of Development Approval for a Hotel, Indoor Entertainment and Caterers’ Room (Town Planning Consent Permit No. TPC53/97) issued by the former Toowoomba City Council on 24 December 1997 (MCUI/1997/53) which restricts the hours of operation of the premises to 10:00 a.m. to 2:00 a.m. - Monday and Tuesday and 10:00 a.m. to 3:00 a.m. - Wednesday to Sunday.

Consequently, a submission will be forwarded to the Chief Executive Officer of the Office of Liquor, Gaming and Racing, expressing this concern, and the specific reasons for taking this position.

RECOMMENDATION

That Council endorse the contents of and advice contained in the draft submission proposed to be forwarded, under delegated authority, to the Chief Executive Officer of the Office of Liquor, Gaming and Racing, relating to an application for extended trading hours at the Cube Hotel, 31 Neil Street, Toowoomba. - 35 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

REASONS FOR RECOMMENDATION

COMMITTEE RECOMMENDATION

That the recommendation of the Acting Planning Projects Officer be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 9)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------David Hursthouse Please forward letter to Office of Liquor, 17/06/09 Gaming and Racing ------36 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Liquor Act 1992 - Application for Extended Trading Hours - Federal Hotel AUTHOR Senior Planner (Nathan Bright) - 21 May 2009

PURPOSE OF REPORT

To consider an application to the Office of Liquor, Gaming and Racing for Extended Trading House for the Federal Hotel; the details of which are as follows:

Applicant: MGW Hotels Pty Ltd

Property Owner: MGW Hotels Pty Ltd

Location: 103-111 James Street, East Toowoomba

Real Property Description: Lot 4 on SP176288

2 Area: 8,107m

Current Use: Hotel/Motel and Stand alone Liquor Barn with associated Car Parking

Current Trading Hours: 10:00 a.m. to 2:00 a.m. - Monday to Sunday

Proposed Trading Hours: 10:00 a.m. to 3:00 a.m. - Monday to Sunday

Zone: Residential Conservation Zone and part Mixed Housing Zone

Precinct: Heritage Character Precinct

Regulatory Map Designation: Motel Area (Subject to Motel Code) Arterial Road – James Street Obstacle Limitation Surface Airport Dangerous Light Area 8Km Wildlife Buffer

CORPORATE PLAN REFERENCE

Not applicable.

COUNCIL DECISION - 17 MARCH 2009 (Committee of the Council - 10 and 11 March 2009 - Item 46.1) - 37 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

BACKGROUND

Introduction

The Federal Hotel has evolved over time; the following is a summary of development approvals relevant to the site:

• Rezoning approval was given on 13 May 1991 for Special Facilities-Hotel, Liquor Barn, Motel, Indoor Entertainment and Manager's Residence.

• Council gave approval on 15 April 1998 for a Rezoning Amendment to the Special Facilities Zone Name and amendment to conditions to facilitate the development of a Motel and alter the existing Federal Hotel, Council Reference B60/541.

• On 28 August 2003, Council gave approval to a Material Change of Use (Impact Assessment) for the development of Hotel/Motel and Stand along Liquor Barn with associated car parking, Council Reference P-501082/2192131.

It should be noted that the above development approvals and decision notices do not provide any conditions limiting the hours of operation for the Hotel or associated use at the Federal Hotel at 103-111 James Street, East Toowoomba.

Application for Extension of Trading Hours

The applicant has submitted to the Office of Liquor, Gaming and Racing, an application for extended trading hours pursuant to the Liquor Act 1992.

The application seeks to extend the trading hours of the premises as follows:

Current Trading Hours: 10:00 a.m. to 2:00 a.m. - Monday to Sunday

Proposed Trading Hours: 10:00 a.m. to 3:00 a.m. - Monday to Sunday

The Office of Liquor, Gaming and Racing wrote to Council on 14 May 2009 informing Council of the application and affording Council the opportunity to:

“1. Comment on the reasonable requirements of the public in the locality; or

2. Object to the grant of the application on the grounds that the amenity, quiet or good order of the locality would be lessened.”

The Office of Liquor, Gaming and Racing further advises:

“If you do not support the application, your comments or objections should include full particulars of: - 38 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

• The grounds upon which the objection is made; and

• The facts, evidence or reasons upon which it is based.

The Chief Executive cannot rely on statements that merely indicate the Council does not support or objects to the application.”

Council’s comments on, or objections to the grant of the application are required to be received by the Office of Liquor, Gaming and Racing by 25 June 2009.

The Notice of Application advises the following grounds for objection:

2. The amenity, quiet or good order of the locality concerned would be lessened in some way.”

ISSUES AND RESPONSES

Impacts

The potential impacts of the proposed extension of Trading Hours are late night noise impacts on sensitive uses and potential disturbance of the good order of the locality.

The Federal Hotel at 103-111 James Street, East Toowoomba is located within an established residential area and with a Motel located on site. The Federal Hotel is located in proximity of residential uses:

• Dwelling houses west and north of the Hotel in Geddes Street are located within 30 metres of the premises.

• Motel units are located on site and within 20 metres of the Hotel premises.

• A caravan park is located immediate and adjacent the north /eastern property boundaries to the car park servicing the Hotel patrons.

The Hotel is serviced by the Toowoomba Police Station located in Neil Street, Toowoomba City. The Hotel is seeking to extend hours to 3:00 a.m. and police presence at that time of the day may be inadequate to quickly respond to potential anti-social behaviour that would pose an unacceptable risk to the general public as well as public and private property in the immediate vicinity.

Proposed Submission to the Office of Liquor, Gaming and Racing

The text of the letter proposed to be forwarded to the Chief Executive Officer of the Office of Liquor, Gaming and Racing, under officer delegation is as follows: - 39 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

"I refer to your letter dated 14 May 2009 informing Council of an application for Extended Trading Hours at the Federal Hotel at 103-111 James Street, East Toowoomba being Lot 4 on SP176288 on, and provide the following submission:

The subject application seeks to change the hours of operation from 10:00 a.m. to 2:00 a.m. – Monday to Sunday to 10:00 a.m. to 3:00 a.m. – Monday to Sunday. Council is concerned that the proposed extension of trading hours will have a detrimental impact on the amenity, quiet and good order of the locality and cause undue annoyance and disturbance to current and proposed residential uses in the locality.

On this basis, Council objects to the extended trading hours based on the potential amenity impacts to the following properties:

• Dwelling houses west and north of the Hotel in Geddes Street are located within 30 metres of the premises.

• Motel units are located on site and within 20 metres of the Hotel premises.

• A caravan park is located immediate and adjacent the north /eastern property boundaries to the car park servicing the Hotel patrons.

On the basis of the above submission, Council requests that the Office of Liquor, Gaming and Racing refuse the application for an extended trading hours permit.”

CONCLUSION

The proposed extension of trading hours for the Federal Hotel represents an unacceptable risk of detrimental impact on the amenity, quiet and good order of the locality and may cause undue annoyance and disturbance to current and proposed residential uses in the locality.

Consequently, a submission will be forwarded to the Chief Executive Officer of the Office of Liquor, Gaming and Racing, expressing this concern, and the specific reasons for taking this position.

RECOMMENDATION

REASONS FOR RECOMMENDATION

The extension of trading hours for the Federal Hotel represents an unacceptable risk of detrimental impact on the amenity, quiet and good order of the locality and may cause undue annoyance and disturbance to current and proposed residential uses in the locality. - 40 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

COMMITTEE RECOMMENDATION

That the recommendation of the Senior Planner be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 10)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Nathan Bright Please advise the Office of Liquor, Gaming 19/06/09 and Racing of Council's decision ------41 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Development Assessment - Landscaping Conditions for Development Approvals AUTHOR Senior Planner (Nathan Bright) - 21 May 2009

PURPOSE OF REPORT

To request the repeal of Council’s (Former Toowoomba City Council) resolution regarding landscape requirements for development.

CORPORATE PLAN REFERENCE

Not applicable

BACKGROUND

Introduction

The present system for conditioning landscape works as part of the development approvals has remained in place since a Council decision of 25 August 2006. Council resolved, at that time, that it was important to request landscaping as part of the development approvals to preserve the amenity of the City. However, the Landscaping Conditions were changed to delay works whilst Level 4 and Level 5 water restrictions remained in place . It is considered that a review of the current system and conditioning be implemented with alternate planting options and irrigation options available to land owners and developers.

Council currently conditions for the use and installation of rainwater tanks in new residential and commercial developments. There is capacity for using on-site rainwater tanks in the establishment of landscaping where that landscaping and plant selection is drought tolerant and suited to the local climatic conditions. The Level 4 and 5 water restrictions do not limit the establishment of landscaped garden beds in new developments where alternate water sources are used at the early stages. A careful selection of drought tolerant native plant species is critical to maintaining water conservation in the landscaping of new developments.

The Queensland Development Code (QDC) provides guidance to developers in seeking to use alternative sources of water including but not limited to rainwater tanks, water storage tanks or grey water treatment plants. The relevant provisions of the QDC being Part 4.0 relate to Building Sustainability and can be used in the assessment of developments and incorporated into the design of existing or proposed developments. - 42 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

ISSUES AND RESPONSES

Development Applications Requiring Landscape Works

Council Officers assess a diverse range of development applications under the Integrated Development Assessment System (IDAS ) and Integrated Planning Act 1997. The development applications that require approval in accordance with landscape plans vary and may include:

• Residential developments including Dual Occupancies and Multiple Dwelling units.

• Commercial development such as Hotels, Motels, Shopping Centres and Retail Showrooms.

• Industrial development for example Industry Premises, Warehouse or Vehicle Workshop.

• Community uses including Child Care Centres, Community Facilities, Schools and Places of public worship.

As part of the development application processes for Material Change of Use or Reconfiguring a Lot, Council generally imposes conditions requiring that development be carried out in accordance with an approved Landscape Plan or that a Landscape Plan be submitted and approved by Council before works are carried out.

Development Approval Conditions

The current condition applied to development approvals deferring landscape works reads as follows:

"Landscaping if under water restrictions

If level 4 or level 5 water restrictions apply, the landowner must either:

(a) Perform all landscaping in accordance with the approved Landscape Detail Plan in compliance with the level 4 or level 5 water restrictions, prior to the commencement of use; OR

(b) Undertake the following:

(i) Provide an accurate estimate of costs for landscaping works including:

i The costs for plants, and

ii The costs for any action necessary to complete the landscaping works (eg. Costs for work to install plants); and

(ii) Perform the site works necessary to prepare the site for planting in accordance with the approved landscape Plan (e. creating and mulching the landscape beds); and - 43 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

(iii) Implement and maintain all works necessary to control dust and erosion and the loss or movement of soil until the landscaping is completed in accordance with the approved Landscape Plan; and

(iv) Perform all landscaping in accordance with the approved Landscaping Plan within 12 months of the Council resolving to lower the level of water restriction to level 3, 2, 1 or no water restrictions;

(v) All contracts of sale over an allotment the subject of the approved Landscape Plan must contain a condition that clearly records that prospective purchases of an allotment are required to comply in every respect with this condition. A copy of the condition and the approved Landscape Detail Plan must be included with the contract;

(vi) and Paragraphs 12.2.1, 12.2.2 and 12.2.3 must be completed prior to commencement of use."

The present system of conditions means some developments are incomplete with landscape beds left devoid of vegetation in an undesirable manner. Residential and commercial developments devoid of landscaping do not contribute positively to Council’s ‘Garden City’ image. There is no reason that landscaping cannot be implemented even with water restrictions in place. The use of rainwater tanks and recycled water can assist in the establishment of drought tolerant and hardy plant species in landscaped gardens of new residential and commercial developments without any detriment on the City’s water supplies.

Accordingly, it is recommended that the following condition be adopted for use immediately in planning approvals:

"Landscaping

Landscaping is to be carried out in order to achieve the following performance criteria:

• To enhance the appearance of the development internally and externally;

• To make a positive contribution to the streetscape;

• To screen unsightly objects from public view;

• To contribute to a comfortable living environment by providing shade to reduce glare, heat absorption and radiation;

• To ensure private open space is useable;

• To provide long term erosion protection;

• To integrate with existing vegetation and other natural features of the site and adjoining lands; and

• To provide adequate vehicle sightlines and road safety.

In this regard, the applicant is to submit for approval by the Assessment Manager, a Landscape Plan prepared by a qualified Landscape Architect, horticulturist, or other person experienced in landscape design and construction. The Landscaping Plan will need to be - 44 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______submitted and approved by Council prior to the making of a building development application or, if a building development permit is not required, prior to the commencement of the use. The landscape plan is to address the above performance criteria, and should show the information outlined in Section 9.3.3 of the Landscaping Code of the Planning Scheme.

"Landscaped areas shall be maintained, and the site shall remain in a clean and tidy state at all times.

No existing tree on the subject land shall be removed, poisoned or otherwise destroyed without the express written approval of the Council.

No tree existing on any footpath abutting the subject land shall be removed, lopped or otherwise interfered with in the course of works associated with the proposed development.

Apart from privet and /or celtus, trees and shrubs and landscaped areas currently existing on the subject land shall be retained where possible and action shall be taken to minimise disturbance during construction work.

All privet and/or celtus shall be removed from the subject land and the site kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.

A screen planting of trees and shrubs shall be provided , and maintained thereafter, between the visitors' car parking area and the frontage of the subject land. Such planting is required in addition to that necessitated in Condition ([insert condition number]).

A ____ metre width landscape strip shall be provided along the full length of the frontage of the site (exclusive of vehicle and pedestrian access to the site) in accordance with the provisions of Council's Planning Scheme.

Trees and shrubs and landscaped areas currently existing on the subject land shall be retained unless otherwise approved by Council and action taken to minimise disturbance during construction work.

Any removal or modification of any existing Council street tree will require the separate written approval of Council’s Parks and Recreation Branch."

Development Industry Consultation

Council will communicate directly with the development industry and land owners about the changes to the landscape works processes. Where possible, developments that have rainwater tanks installed and are capable of planting sites out to a reasonable extent, will be encouraged to implement landscape works in accordance with approved landscape plans.

Presently, Council provides an Information Sheet for stakeholders, including property owners, developers and consultants about what is expected and required for the lodgement of landscape plans. This document is titled Information Sheet ‘Landscape Plans’ Version 5 dated 1 May 2009 (copy attached).

This information sheet documents what is required for the submission of landscape concept plans and detailed landscape plans. An attachment has been created for this Information - 45 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Sheet to provide a guide for water wise plants for property owners, developers, consultants and landscape architects.

CONCLUSION

Development Assessment has sought to review the conditions imposed on development for landscaping. The development approval conditions for landscaping will remove the option to defer planting during Water Restrictions Level 4 and Level 5. Developments are required to install alternative sources of water such as rainwater tanks in accordance with the Queensland Development Code. Accordingly, it is recommended by this report, that the prior Council resolution be repealed and that development approval conditions be amended to require Landscape works to be approved and implemented prior to building works or the commencement of the use, whichever comes first.

Planning and Development Services will inform the development industry of these changes and provide an updated Information Sheet and list of suggested drought tolerant plants to be incorporated into landscaping for new developments.

RECOMMENDATION

1. That Council resolve to repeal the previous Council resolution of 24 October 2006 relating to landscape requirements for development.

2. That Council note and endorse the development conditions for landscape works outlined in the report recommending Landscape Works are carried out with careful selection of drought tolerant plant species and establishment by use of alternative water sources such as rain water tanks.

3. That developers with existing Development Approvals allowing for deferral of landscaping be encouraged to undertake landscaping of their sites utilising drought tolerant plant species.

REASONS FOR RECOMMENDATION

Development Assessment has reviewed the conditions imposed on development approvals for landscaping. It is concluded that landscape works can be completed with a selection of drought tolerant plants and irrigated with alternative water sources such as rainwater tanks. The development industry and land owners will be informed of these changes to the development approval conditions.

COMMITTEE RECOMMENDATION

That the recommendation of the Senior Planner be adopted by Council. - 46 -

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COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 11)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Danielle Fitzpatrick Please initiate all necessary action. 19/06/09 ------47 -

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Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Development Assessment - Regional Development Application Report - April 2009 AUTHOR Director, Planning and Development Services (Stewart Somers) - 27 May 2009

The purpose of this report is to inform Council of the development application trends for the Region and provide statistical detail of development applications. Details are contained in the agenda papers.

Data across the Region will continue to be monitored over time to identify trends in the building and development industry within the region.

RECOMMENDATION

That the report of the Director, Planning and Development Services on regional Development Applications for March 2009 be noted by Council.

COMMITTEE RECOMMENDATION

That the recommendation of the Director, Planning and Development Services be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 12)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date - 48 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

------No further action required ------49 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: PLANNING AND DEVELOPMENT SERVICES

REPORT TITLE Development Assessment - Delegated Decisions and Publicly Notified Material Change of Use Applications - May 2009 AUTHOR Director, Planning and Development Services (Stewart Somers) - 29 May 2009

The following schedules are submitted for Council's information:

1. Applications determined under delegation for the period between 27 April 2009 and 26 May 2009.

2. Status of material change of use (impact assessable) applications as at 26 May 2009.

RECOMMENDATION

That the report of the Director, Planning and Development Services be adopted by Council.

COMMITTEE RECOMMENDATION

That the recommendation of the Director, Planning and Development Services be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 13)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date - 50 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

------No further action required ------51 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: WATER SERVICES

REPORT TITLE Carbon Footprint for the 2007/2008 Financial Year AUTHOR Carbon Accounting Systems Project Officer (Lynette Wallis) - 29 May 2009

PURPOSE OF REPORT

To inform Council of Toowoomba Regional Council’s carbon footprint for the 2007/2008 financial year. This includes the greenhouse gas emissions associated with all eight of the previous council areas.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

In 2007, Toowoomba City Council joined the Cities for Climate Protection (CCP) program. In December 2008, Council was advised of the commitment to the CCP program (Committee of the Council - 9-10 December 2008 - Item 15). Milestone 1 of the CCP program required the determination of Council’s carbon footprint.

Since joining CCP, the Federal Government has enacted the National Greenhouse and Energy Reporting Act 2007 (NGERs) and proposes to introduce an emissions trading scheme. Both these pieces of legislation require Council to calculate its greenhouse gas emissions (aka carbon footprint).

In response to this requirement, Council appointed a Carbon Accounting Systems Project Officer in August 2008 on a part-time basis. This officer has been dedicated to calculating Council’s carbon footprint since this appointment.

A report was presented to Council on 19 May 2009 (Committee of the Council - 12-13 May 2009 - Item 13) informing Council of its obligations under NGERs and the proposed Carbon Pollution Reduction Scheme (CPRS). That report indicated that the Toowoomba Waste Management Centre (TWMC) was the only Council -owned and operated facility that would be liable under the legislation. The report went on to provide details on the greenhouse gas emissions associated with the TWMC and the potential CPRS costs as a result.

The previous report to Council did not include information on greenhouse gas emissions from all the other facilities across the Region. The purpose of this report is therefore to provide Council with details of Council's carbon footprint for the base year of 2007/08. - 52 -

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ISSUES AND RESPONSES

Methodology

All greenhouse gas emission calculations provided in this report have been conducted as per the NGERs guidelines. There are various methods of calculation globally however, with the enactment of the National Greenhouse and Energy Reporting Act in 2007, the NGERs methodology is now the only relevant methodology in Australia. To use any other methodology would be inconsistent.

Greenhouse gas emissions emanating from Council-owned and operated facilities include:

1. Indirect emissions associated with electricity consumption;

2. Direct emissions associated with the burning of liquid fuels (eg ULP and diesel);

3. Direct methane emissions from landfills; and

4. Direct methane and nitrous oxide emissions from sewage treatment plants.

In order to calculate Council’s carbon footprint, all of the above sources must be accounted for.

Step one in that process was to identify all assets owned by Council. This was an immense task in itself as data was required from all the previous eight council areas.

Step two was to obtain quantitative data on the operation of all of these facilities. Combined, the eight former Councils had:

• 574 electricity accounts;

• 1000’s of fuel consuming plant;

• 12 sewage treatment plants; and

• 24 landfills.

Having obtained the necessary quantitative data, the third step was to calculate the greenhouse gas emissions associated with each of the above items.

Electricity Consumption

Copies of electricity invoices from all 574 accounts were obtained and entered into eight custom designed excel spreadsheets. These spreadsheets were designed to calculate the indirect greenhouse gas emissions associated with the consumption of electricity from each of the former eight councils.

Fuel Consumption

Fuel consumption data was obtained from each of the Service Centres for all plant operating within the 2007/2008 financial year. That plant included all cars, trucks, mowers, generators, gardening equipment etc. Similar to the electricity data, that data was entered into eight custom designed spreadsheets. Separate calculations were required for each - 53 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______different fuel type, i.e. diesel, unleaded petrol and E10.

Sewage Treatment Plants

Emission calculations for sewage treatment plants are more complex and require a suite of quantitative data. The Wetalla Wastewater Treatment Plant (WWTP) was the only plant that had sufficient data to calculate emissions in compliance with NGER guidelines. Data for the other eleven STPs has had to be supplemented with recently obtained influent/effluent data and averages obtained from similar plant. This data is unlikely to comply with NGER requirements, but it is the most relevant data we have available.

The rate and type of emissions emanating from sewage treatment plants depends on the waste water and sludge process types . Under NGERs, there are five process types. Each of TRC’s twelve plant has been categorised into one of these five types.

An excel spreadsheet was designed to calculate the emissions from all twelve plants based on the process type classification and the quantitative data developed.

Landfills

Emission calculations from solid waste disposal facilities are technically complex and according to industry experts and professional waste management associations, not very reliable. Despite these deficiencies, the Federal Government has included solid waste emissions in both NGERs and the proposed CPRS. Therefore, Council is obligated to calculate emissions from its twenty-four landfills in line with the legislation.

Rather than develop their own methodology, the Federal Department of Climate Change, through NGERs, directs Australian entities to use the International Panel for Climate Change (IPCC) First Order Decay (FOD) model. The FOD model was not designed to calculate emissions from a single landfill, but rather to calculate solid waste related emissions from an entire country. Regardless, that is the model Council must use.

A copy of the model was obtained and has been modified to be site specific and comply with NGERs guidelines. The model requires annual tonnages of waste disposed to the landfill for each year of operation. This data is supposed to be obtained via weighbridge records, invoices or annual return data to the licensing authority - in our case the EPA.

None of Council’s twenty-four landfills has a continuous record of waste received. The Toowoomba Waste Management Centre (TWMC) has the most comprehensive records however, prior to the installation of the weighbridge in 1996, records were incomplete or non-existent.

With the exception of the new landfill at Jondaryan, none of the other twenty-three TRC owned landfills has a weighbridge. In addition, most of those landfills are unmanned and do not charge levees for waste deposited. Therefore, there has been no requirement for a record keeping process. The only data able to be located to date has been some limited data supplied to the EPA via their annual Waste Survey. That data provides some figures for the last 4 to 5 years.

Consequently, Council has limited data that complies with NGER guidelines. Therefore, estimated tonnages of waste received at each facility based on the limited data available has been used, local trends, State averages and licence limits. - 54 -

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Using the compiled data, a FOD model has been created for each of the twenty-four landfills and greenhouse gas emission results obtained. As previously reported to Council , the TWMC has by far the greatest rate of emissions. All the other landfills produce less than one-tenth the quantity of emissions.

RESULTS

The results of all of the above calculations have been summarised in the following table:

Table 1 – 2007/2008 Carbon Footprint across TRC

Emission Source Estimated CO2-e Subtotal emissions

Sewerage Cambooya STP 237 Treatment Plants Cecil Plains STP 48

Clifton STP 150

Crows Nest STP 330

Highfields STP 336

Millmerran STP 297

Oakey STP 493 14,014 Pittsworth STP 354

Westbrook STP 199

Wetalla STP 11,336

Wyreema STP 75

Yarraman STP 159

Landfills Brookstead 60 (calculated with Dry Temperate Climate Bowenville 142 zone) Brymaroo 51

Cecil Plains 142

Charlton 1,116

Clifton 356

Cooyar 63

Ellangowan 36 - 55 -

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Emu Creek 93

Evergreen 51

Geham 3,946

Glencoe 986

Goombungee 615

Greenmount 1,374

Jondaryan 1,578 60,542

Kleinton 953

Meringandan 777

Millmerran Heckendorfs Rd 7

Millmerran Owens Scrub Rd 599

Pilton 36

Pittsworth 1,578

Quinalow 36

Toowoomba 44,871

Yarraman 1,076

Electricity Cambooya (49 accounts) 379 Consumption Clifton (30 accounts) 213

Crows Nest (63 accounts) 1,013

Jondaryan (69 accounts) 695

Millmerran (46 accounts) 653 20,997

Pittsworth (32 accounts) 725

Rosalie (73 accounts) 305

Toowoomba (212 accounts) 17,014

Fleet Cambooya 762

Clifton 750

Crows Nest 1,328

Jondaryan 1,397 - 56 -

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Millmerran 958 8,860 Pittsworth (incomplete) 1,000

Rosalie 1,361

Toowoomba 1,304

Total 104,413

CONCLUSION

The above results indicate that landfills, as a group, account for 58% of Council’s overall carbon footprint. The next largest source is electricity consumption, which accounts for 20% of the footprint, followed by sewage treatment plants at 13%; and lastly Fleet, which only accounts for 8% of Council’s total footprint.

Council’s total annual greenhouse gas emissions of 104,413 tonnes CO2-e is very close to exceeding the 2008/09 corporate threshold of 125,000 tonnes CO2-e under the National Greenhouse and Energy Reporting Act 2007. The 2009/2010 NGERs corporate threshold drops to 87,000 tonnes CO2-e and, in 2010/2011, it drops to 50,000 tonnes CO2-e. Therefore, Council is assured of exceeding the corporate threshold under NGERs from 2009/2010 onwards.

As informed in the previous report to Council , TRC is currently exempt from the National Greenhouse and Energy Reporting Act 2007 as Council is not a “constitutional corporation”. However, should Council once again become a corporation, it will definitely be liable under NGERs and will need to lodge an annual report to the Federal Government outlining its total “corporate” footprint. Such reports are due by the 31 October each year. There are no costs or penalties associated with complying with NGERs - it is purely a reporting procedure.

In line with this requirement to calculate Council’s carbon footprint on an annual basis, it is imperative that a more appropriate method of gathering and storing the necessary information is established. At present , the process of gathering all the necessary records and data is time consuming and cumbersome. In addition, under NGERs there is a requirement to maintain records for audit purposes. Systems and processes are therefore being developed to enable improved data collection and ongoing reporting.

RECOMMENDATION

That the report by the Carbon Accounting Systems Project Officer regarding Council’s 2007/2008 carbon footprint be received and the contents noted.

REASONS FOR RECOMMENDATION - 57 -

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COMMITTEE RECOMMENDATION

That the recommendation of the Carbon Accounting Systems Project Officer be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 14)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------No action required. ------

The Committee of the Council Meeting closed for the day at 4.01 p.m. on Tuesday, 9 June 2009 and recommenced at 9.05 a.m. on Wednesday, 10 June 2009. - 58 -

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Portfolio: STRATEGIC SERVICES

REPORT TITLE Proposed Cycleway Within City Golf Club Land - 250-254 South Street, Toowoomba AUTHOR Principal Engineer Integrated Regional Planning (Peter Keane) - 28 May 2009

PURPOSE OF REPORT

To present findings from a meeting with the City Golf Club and from an investigation into potential routes for the cycleway.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

On 9 April 2002, Toowoomba City Council resolved that the Toowoomba Cycle and Pedestrian Strategy be adopted as the basis for future planning. Action 17 of the Toowoomba Cycle and Pedestrian Strategy (TCPS), is to "develop short term and long term solutions to the City Golf Club bikeway access issue", which was proposed to address the community requests to improve the West Creek cycleway around the City Golf Course.

In November 2008, Council considered a report regarding a possible shared path through the City Golf Club that would accommodate pedestrians, cyclists and motorised golf carts (Council Decision - 19 November 2008 [Committee of the Council - 11 and 12 November 2008 - Item 16]).

In April 2009, Council received advice concerning potential issues with this shared path and resolved as follows (Council Decision - 21 April 2009 [Committee of the Council - 14 and 15 April 2009 - Item 1]):

"1. That Councillor Williams and appropriate Council Officers be authorised to meet with representatives of the City Golf Club for the purpose of exploring opportunities for providing a public cycleway through City Golf Club land, based on the confidential advice provided at the Committee of the Council Meeting of 14 and 15 April 2009.

2. That a report be submitted to the Committee of the Council Meeting scheduled for 9 and 10 June 2009 which details the outcome of the discussions held with the City Golf Club, options for providing a public cycleway through the City Golf Club land at 250-254 South Street, Toowoomba including the option of a direct route through the golf course as recommended in the Toowoomba Cycle and Pedestrian Strategy, and costings and funding sources for the options."

A meeting was held with members of the City Golf Club Board (Mr Peter Constance - - 59 -

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General Manager, Mr Ed Britnell - Club President, Mr Bob Argus - Club Treasurer, Mr Phil Anderson - Course Chairman) on 30 April 2009 that was attended by Councillors Williams and Strohfeld, Director Strategic Services, Director Environmental and Community Services), Strategic Property Development Officer and Principal Engineer Integrated Regional Planning.

This report presents information from those discussions and an assessment of the feasibility of establishing a public path through the golf course prepared by consultants (Cardno). Kelly Egan from Cardno will be providing a presentation on the option assessment at the Committee Meeting.

ISSUES AND RESPONSES

Outcomes from Discussion with City Golf Club

The meeting was held with some members of the City Golf Club Board on 30 April 2009. The views expressed by the Board members present at the discussion were:

• The City Golf Club is no longer interested in pursuing a joint-use path through the eastern portion of the golf course.

• The City Golf Club will be constructing a path for their internal use (and for patrons of their motel).

• The City Golf Club is opposed to the establishment of a public pathway through the course because of safety concerns, the impact on the prestige of the course (when bidding to hold tournaments) and potential behavioural issues of the public using the path.

The City Golf Club Board members also raised the possibility of permitting a path to be established along the eastern edge of the course connecting to Morton Street approximately 75 metres west of Ruthven Street. A path could then be constructed along Loudon Street to connect to the existing path in South Street. This option is contingent upon the acquisition (by the City Golf Club) of a house in Morton Street. There is no timeframe for the acquisition. This option has some minor advantages over the existing route via Ruthven Street.

It should be noted that no correspondence has been received from the City Golf Club therefore, the exact status of the views expressed by the City Golf Club Board members at the meeting is not known.

Concept Plans for Public Pathway Through the Golf Course

Cardno were commissioned to examine options for a public pathway through the golf course including an assessment of the route originally proposed for the joint path (Option 1) as well as a more direct route (Option 2). Even though the City Golf Club has withdrawn their previous offer to consider a joint-use path, it was considered that the route traversing the eastern edge of the course should still be assessed to give an indication whether a public path could be established through this part of the course.

Eastern Route (Option 1) - 60 -

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The potential to establish a public path around the eastern edge of the golf course was assessed. Attached is a plan showing this potential route . The estimated cost of the path for this route is approximately $404,000. This route reduces the current length of the West Creek path (involving a diversion to Ruthven Street) by approximately 175 metres.

Some other issues that would need to be addressed in regards this route are:

• The potential impacts on adjoining landowners. The route backs on to twenty-three residential properties, some of whom currently do not have fences. Fencing will be a requirement if this route is selected. The cost estimate accounts for fencing those properties without a fence but doesn't allow for 'upgrading' existing fences (which some owners may request). The proximity of the path to these properties may also be of concern to the owners. Should this option be preferred then the adjoining landowners should be consulted prior to making a final decision.

• The aesthetics of the route are less desirable than the more-direct route as the path's location against the residential boundary will restrict the vista to only one side of the path.

• Perceived lack of safety. Whilst the design allows for 'break-outs' every 30 metres, this may create a perception of limited safety as they are only available on one side of the path.

More-Direct Route (Option 2)

The feasibility of a more-direct route through the golf course was also considered (refer attached plan). In all, four sub-options were considered for this route (namely 2, 2a, 2b and 2c). Options 2a and 2b were not considered to be feasible. Option 2c involves starting the path at Alderley Street on the western side of the creek to remove the need for one of the creek crossings. However, this option is more expensive than Option 2, so is less preferable. Option 2 is considered to be the preferred option for the more-direct route. Allowance has been made for safety netting for the full length of the route however , there is probably some scope to reduce this to one-side only in some sections. Allowance has also been made for regular breaks in both sides of the netting to allow people to leave the route should that be necessary. The estimated cost of the path for this route is approximately $581,000. This route reduces the current length of the West Creek path by approximately 420 metres.

Funding and Implementation

Council has recently been successful in obtaining grant funding (on a 50/50 basis) from the State Government for cycle paths. Whilst there are no guarantees that this particular project would receive such funding support in the future (or that such funding sources will continue to be available in the future), the project does meet all of the assessment criteria of the current funding program.

This section of path is also identified as being part of the "trunk" path network and will therefore attract development contributions from future development in the relevant catchment area. However, as this catchment area is substantially developed the contributions received will not cover the full cost of the path construction.

With regards implementation, it is considered that the most appropriate approach would be to excise the path corridor from the leased area. It is evident from the current attitude of the - 61 -

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City Golf Club Board members that it is unlikely that the City Golf Club will agree to re-negotiate the lease to accommodate this change in the near future. Therefore, the excise of the corridor from the leased area is unlikely to occur until the lease expires on 30 June 2019.

CONCLUSION

Representatives of the City Golf Club Board are opposed to a public path being constructed through the golf course. Two options have been developed for a possible public path. The route skirting the eastern boundary of the course (Option 1) is estimated to cost $404,000. The more direct route (Option 2) is estimated to cost $581,000 but has the benefit over the eastern route of not impacting on the adjoining residences. The reduction in length between the existing route and the proposed routes is approximately 175 metres for Option 1 and approximately 420 metres for Option 2. Depending upon the timing of the project there are likely to be opportunities for external funding assistance, however Council will most likely be required to fund at least half of the cost. Assuming the City Golf Club opposes the public path, its implementation could not occur until after June 2019 when the lease is due for re-negotiation.

RECOMMENDATION

1. That the concept plan for a "direct" public path through the City Golf Club course (referred to as Option 2 in the report by Cardno) be adopted with the timing for implementation being determined based on the outcome of further discussions with the City Golf Club and the availability of external funding assistance.

2. That the City Golf Club be advised of Council's decision.

REASONS FOR RECOMMENDATION

Overall, it is considered that the provision of a public path through the City Golf Club is feasible, albeit at a relatively high cost, with the preferred option being more directly through the golf course. Depending upon the timing of the project, there are likely to be opportunities for external funding assistance. Assuming the City Golf Club opposes the public path, its implementation could not occur until after June 2019.

COMMITTEE RECOMMENDATION

1. That the report of the Principal Engineer Integrated Regional Planning be received and noted.

2. That Council continue to liaise with the City Golf Club with the view to establishing a - 62 -

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mutually acceptable public cycle and pedestrian pathway around or through the golf course.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 15)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------2 Peter Keane Please instigate all follow-up action. 31/08/09 Chris Theodosis ------63 -

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Portfolio: STRATEGIC SERVICES

REPORT TITLE Wyreema Road Sport and Recreation Complex - Federal Government Decision on Referral of Proposed Action AUTHOR Planner - Environment (Anna Timms) - 25 May 2009

PURPOSE OF REPORT

To advise Council of the decision by the Federal Government (Department of Environment, Water, Heritage and the Arts) relating to the 'Referral of proposed action' for Old Wyreema Road, Drayton (proposed site of the Wyreema Road Sport and Recreation Complex).

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

In April 2009, a 'Referral of proposed action' was made to the Federal Government in relation to threatened flora species and an ecological community listed under the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999 (EPBC) found at Old Wyreema Road, Drayton. The ecological community found at the site is White Box - Yellow Box - Blakely's Red Gum woodland and derived native grassland. In addition, four plant species listed under the EPBC Act as either vulnerable or endangered were Picris evae (Hawkweed), Thesium australe (Austral Toadflax ), Digitaria porrecta (Branched Finger Panic) and Bothrichloa biloba (Lobed Bluegrass). Details on the Referral and the potential outcomes were presented to Council on 17 March 2009 (Committee of the Council - 10 and 11 March 2009 - Item 23).

ISSUES AND RESPONSES

The purpose of the referral to the Federal Government was to determine if the proposed use of the land as a sport and recreation complex would have a significant impact on the listed threatened species and communities.

The proposed action is defined as 'To construct a multi-purpose sport and recreation facility at Lot 1 RP212958, Lot 3 RP208680 and Lot 2 RP17476, Old Wyreema Road, Drayton in Toowoomba, Queensland. To set aside 29 hectares of creek corridor and woodland area as open space for protection'.

On 21 May 2009, the Federal Government made the decision 'that the proposed action is not a controlled action, provided it is undertaken in a particular manner '. The Federal Government has stipulated the following measures must be taken to avoid significant impacts on listed threatened species and communities (sections 18 & 18A) - - 64 -

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1. The three remnant patches of woodland identified as White Box - Yellow Box - Blakely's Red Gum woodland and derived native grassland ecological community must be retained and protected as Toowoomba Regional Council open space areas as per referral documents.

2. The creek corridor is to be protected as Toowoomba Regional Council open space area.

3. No clearing or construction is to take place within Toowoomba Regional Council open space areas with the exception of those activities required to enhance the areas such as weeding, bank stabilisation and revegetation.

The concept plan (see Figure 1 attached) provides for the protection of the woodland areas and riparian zone as open space which is approximately 29 hectares in total. It is important to note that, if the concept plan should change, Council will need to contact the Federal Government to advise them of the changes and demonstrate how the measures listed above will be met.

CONCLUSION

Council needs to be aware of the decision made by the Federal Government and required measures to avoid significant impacts on listed threatened species and communities.

RECOMMENDATION

That Council note the decision of the Federal Government and required measures in relation to the Old Wyreema Road site including for the purposes of current open space, and sport and recreation planning studies associated with the Toowoomba Regional Planning Project.

REASONS FOR RECOMMENDATION

To advise Council of the decision made by the Federal Government and requirements for Council to protect the threatened species and communities.

COMMITTEE RECOMMENDATION

That the recommendation of the Planner - Environment be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 16)

Committee Report adopted by Council at its meeting of 16 June 2009 - 65 -

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ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Nick Hauser, Please note in relation to current open space 31/07/09 Paul Reynolds and sport and recreation planning studies. Dyan Currie ------66 -

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Portfolio: STRATEGIC SERVICES

REPORT TITLE Toowoomba City Centre Master Plan Project Update AUTHOR Principal Planner Integrated Regional Planning (Deanne Frankel) - 25 May 2009

PURPOSE OF REPORT

To inform Council of the progress of the Toowoomba City Centre Master Plan project.

CORPORATE PLAN REFERENCE

Not applicable

BACKGROUND

The Master Plan for the Toowoomba City Centre is to provide a framework for meeting the following goals:

Goal 1 - The Toowoomba City Centre is the principal activity centre for the Darling Downs Region and surrounds.

Goal 2 - Economic growth in the Toowoomba City Centre is maintained over time and presents opportunities for the city as a whole.

Goal 3 - Toowoomba City Centre activities and functions have expanded to provide for population growth whilst reflecting its essential character.

Goal 4 - The Toowoomba City Centre is considered the ‘heart’ of the community.

Goal 5 - Toowoomba residents and visitors can access the City Centre’s services and activities.

Goal 6 - The Toowoomba City Centre is enhanced through strong partnerships, investment and commitment.

The identified scope of work for the Toowoomba City Centre Master Plan is as follows:

• Undertake a review of all existing studies, reports and publications on Toowoomba, the Toowoomba City Centre and relevant areas of the Darling Downs region to the extent necessary following consideration of the scoping project report.

• Undertake research, investigations and analysis of the Toowoomba City Centre in the themes of: - 67 -

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* Economic growth and prosperity. * Land use and housing. * Traffic and transport (including parking). * Public realm. * Environmental values. * Community facilities and services. * Culture and heritage. * Water, waste, power and communications infrastructure. * Governance and institutional arrangements.

• Develop, in consultation with relevant stakeholders, an achievable vision for the Toowoomba City Centre, including principles and objectives to provide guidance for the City Centre's enhancement. In order to assist with implementation, it may be preferable to develop short, medium and long-term vision(s).

• Engage with the “ City Centre Futures Steering Committee” and the “ City Centre Futures Reference Group” in order to acquire input, advice and direction on the Master Plan development.

• Develop and implement an engagement process with other key stakeholders by undertaking a multi-faceted approach to disseminating and gathering information.

• Development of the Master Plan documentation including executive summary, comprehensive report (incorporating a separate technical appendix) and graphical representations of the key aspects of the Master Plan. The Master Plan should make recommendations regarding any required amendments to the Toowoomba Planning Scheme 2003.

• Preparation of site-specific concept plans for the civic precinct (bounded by Ruthven, Herries, Victoria and Little Streets ) and the railway station precinct (bounded by Ruthven, Russell, Railway/Bellevue and Bridge Streets) detailing preferred development options.

• Preparation of an implementation plan for the Master Plan outlining key actions required to be undertaken, indicative cost estimates (where appropriate ) and agency responsibility.

On 19 August 2008, Council endorsed a recommendation to invite tenders for the Toowoomba City Centre Master Plan project. Tenders for a lump sum contract were invited by public advertisement and closed at 2:00 p.m. AEST on Tuesday, 11 November 2008.

On 27 January 2009, Council endorsed recommendations to:

• Accept the tender from Urbis Pty Ltd for a fixed fee of $790,017.50 (excluding GST) and options valued at $74,000.00 (Total $864,017.50).

• Enter into a contract with Urbis upon agreement of the scope, methodology, optional services and fees. - 68 -

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• Allocate an amount of $364,017.50 to the 2009/2010 budget (Integrated Regional Planning Branch).

• Give consideration to the allocation of funds, at the next review of the Ten Year Forward Financial Plan, to the 2009/2010 financial year and subsequent financial years, to implement the strategies recommended in the Toowoomba City Centre Master Plan.

On 17 February 2009, Council endorsed recommendations for membership on the reference group from seven key government departments and agencies and eight community representatives.

ISSUES AND RESPONSES

Urbis’ Proposal

Urbis has identified the following project stages:

Stage 1 Inception and Mobilisation February - March 2009

Stage 2 Synthesis of Background Material March - April 2009 and Central Business District Analysis

Stage 3 Vision and Principles April - May 2009

Stage 4 Draft Master Plan June - August 2009

Stage 5 Final Master Plan August - September 2009

Stage 6 Implementation Plan September - November 2009

Stage 7 Finalisation and Reporting November 2009

Identified mechanisms for community engagement include: establishing a freecall number and project specific email address, focussed discussions with key agency representatives and stakeholders, newsletters, website updates , business/industry briefings, workshops, open house display sessions, display boards and monthly reference group meetings.

Progress Update

Meetings

• Steering Committee The inception meeting with the Steering Committee was held on 20 February 2009. Subsequent meetings have been held on 1 April 2009 and 6 May 2009.

• Reference Group The Reference Group has been formed and meetings have been held on 12 March 2009, 1 April 2009 and 6 May 2009. - 69 -

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Stage 1 - Inception and Mobilisation

With the exception of the baseline 3d modelling data, stage 1 is complete. (See further discussion under fees).

Stage 2 - Synthesis of Background Material and Central Business District Analysis

• Background Papers

Background papers for: land use and housing, traffic and transport, mobility, public realm and urban design analysis, environmental values, community facilities and services, water, waste, power and telecommunications infrastructure, governance and institutional arrangements are complete.

The economics and prosperity paper has been submitted. However, some additional minor economics work is currently under consideration.

The culture and heritage paper is being amended to include additional visual analysis elements. This paper is due for completion on 1 June 2009.

The sustainability benchmarking option has been commissioned. It has been agreed that the sustainability paper is to be completed as part of stage 3 of the project to enable the baseline desired outcomes and key performance indicators to be refined as part of the workshops.

• Traffic Model

The baseline traffic model is 90% complete and is anticipated for completion by 29 May 2009. Additional traffic count data was required to inform the model (see further discussion under fees).

• Review of Study Area

The study area boundary is to be determined following the master plan workshop to be held in June.

• Newsletter

The first newsletter has been distributed to landowners and occupiers within the study area and to individuals on the project mailing list. A number of newsletters have been placed in Council offices, local shops and the library. The newsletter is also able to be downloaded from Council’s website, along with other project based information such as the study area map and the project process.

Stage 3 - Vision and Principles

With the exception of minor matters identified above, the project is currently in stage 3.

• Business and Industry Briefings

The business and industry briefings have commenced and are ongoing. - 70 -

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• Visioning Workshop

A visioning workshop was held on 20 May 2009 with approximately fifty representatives from Council, State Government departments, local businesses, developers and the community in attendance. Positive feedback has been received from workshop participants.

• Draft Master Plan Workshop

A draft Master Plan workshop has been scheduled for 23 and 24 June 2009. Date claimers have been distributed. Representatives from Council, state government departments, local businesses and the community will be invited as an extension of the visioning workshop activities. All Councillors will be invited to this workshop.

Timeframes

Urbis has advised that the project is still scheduled for completion in November 2009.

Fees

Council has entered into contracts for the core activities ($790,017.50) and the sustainability benchmarking option ($15,000). A fee variation for the sum of $9,500 was approved for the purposes of undertaking required traffic counts for intersections where Council was unable to provide that data. (Note: it was a project requirement that Council provide the traffic count data for the traffic model).

Council has not yet entered into a contract for the 3d modelling ($59,000) as negotiations are still occurring, primarily due to concerns with the quality of the base data that can be supplied by Council (particularly heights). Alternatives are currently being considered within agreed funding parameters and will be finalised in the near future.

An allocation of $500,000 was made in the 2008/2009 Integrated Regional Planning Branch budget to facilitate project commencement.

An invoice for an amount of $236,952.65 has been submitted and recently authorised for payment.

An additional payment should be made for work completed prior to 30 June 2009, with balance payments made in relation to the 2009/2010 budget funding as previously agreed.

CONCLUSION

The Toowoomba City Centre Master Plan project is well progressed with the project anticipated to achieve the nominated completion date of November 2009.

RECOMMENDATION - 71 -

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1. That Council note the progress of the Toowoomba City Centre Master Plan Project.

2. That the project manager provide further updates linked to project progress .

REASONS FOR RECOMMENDATION

To keep Council informed of the progress of the Toowoomba City Centre Master Plan project.

COMMITTEE RECOMMENDATION

That the recommendation of the Principal Planner Integrated Regional Planning be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 17)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------D. Frankel Please provide a progress report to Council in 03/08/09 August 2009. ------72 -

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Portfolio: STRATEGIC SERVICES

REPORT TITLE Economic Development Advisory Committee AUTHOR Manager, Economic Development (John Hickey) - 28 May 2009

PURPOSE OF REPORT

To inform and seek endorsement from Council of recommendations for membership on the Economic Development Advisory Committee.

CORPORATE PLAN REFERENCE

Not applicable

BACKGROUND

(a) On 27 January 2009 (Committee of the Council - 20 and 21 January 2009 - Item 19 refers), Council recommended that an Economic Development Advisory Committee be formed in accordance with section 452 (b) of the Local Government Act 1993 with membership representative of the Toowoomba Region including:

• University of Southern Queensland • Relevant Chamber of Commerce/Business Associations • Department of Tourism, Regional Development and Industry • Department of Defence • Agribusiness and processing industries • Manufacturing • Other appropriate industries.

The Portfolio Leader, Strategic Services was appointed as Council's representative on the Advisory Committee.

(b) On 21 April 2009, Council approved the Terms of Reference for the Economic Development Advisory Committee.

Two mechanisms were used to seek membership of the Economic Development Advisory Committee:

1. Nominations were sought from key government departments and agencies; and

2. Following an advertisement in the local papers calling for economic development expertise, nominations were received from key individuals and business persons. The advertisement closed 5.00 p.m. on 11 May 2009. - 73 -

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ISSUES AND RESPONSES

Nominations Received

Council has received nominations from the following government departments and agencies for membership on the Economic Development Advisory Committee.

Department/Agency Name Representation Defence Department Colonel Brett Greenland Defence University of Southern Gary Brady Education Queensland Department of Royce Brown State Government Employment, Economic Development & Innovation Department of Primary Mike Jones State Government Industries Chamber of Commerce Marlene Halter Chamber (Business)

An assessment of each submission has been undertaken . According to the Terms of Reference, the Committee is to comprise up to eleven members.

Thirteen public nominations have been received from the following:

Organisation Name Representation Wagners John Wagner International Surat Basin Corp Graham Secombe Energy precinct Classic Recruitment Joy Pugh HR, small business Former Councillor, Chris Yeates Vet- rural links Businessman Lauder Pty Ltd John Stirling Property McLean Farms Paul De Daunton Intensive Animal Industry Pacific Seeds Barry Croker International Co F K Gardner Graham Secombe Construction McCormack Ind John McCormack Manufacturing Bendigo Bank Keith Forsyth Banking Manager USQ Consultants Jack McHugh Consultant Sustainability Academic Joseph Mula USQ Academic Oakey Abattoir CEO (TBA) Livestock industry

Recommended Nominations

Nominations were assessed based on their individual experiences and knowledge of economic development and its need in a large Region along with their ability to positively contribute to the Committee. The following ten individuals are now recommended for membership on the Toowoomba Regional Council Economic Development Advisory Committee for the reasons identified: - 74 -

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Name Organisation Reason Colonel Brett Greenland Department of Defence Largest employment precinct with Oakey and Cabarlah responsibilities Gary Brady University of Southern University strategic Queensland direction and partnerships Royce Brown Department of All industry focus over Employment, Economic Region plus Surat Basin Development & Innovation Marlene Halter Chamber of Commerce Business Association and network barometer John Wagner Wagners Concrete quarries and transport international links Graham Secombe Surat Basin Corporation Construction, local and F K Gardner state wide network Barry Croker Pacific Seeds Plant and seed genetics research capability John Stirling Lauder Pty Ltd Property development Paul De Daunton Mc Lean Farms Intensive animal industry DA Hall & Co management (poultry & pork) Keith Forsyth Bendigo Bank Regional banking and financial services

CONCLUSION

The Economic Development Advisory Committee will provide Council with Industry input into its deliberations concerning economic development and the broader economy.

RECOMMENDATION

1. That the following individuals, organisations, agencies and departments, pursuant to section 452 of the Local Government Act 1993 be advised that their membership on the Toowoomba Regional Council Economic Development Advisory Committee has been endorsed:

Colonel Brett Greenland Department of Defence Gary Brady University of Southern Queensland Royce Brown Department of Employment, Economic Development & Innovation Marlene Halter Chamber of Commerce John Wagner Wagners Graham Secombe Surat Basin Corporation - 75 -

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F K Gardner Barry Croker Pacific Seeds Keith Forsyth Bendigo Bank John Stirling Lauder Pty Ltd Paul De Daunton Mc Lean Farms DA Hall & Co

2. That the Portfolio Leader, Strategic Services be appointed as the Chair of the Economic Development Advisory Committee.

REASONS FOR RECOMMENDATION

To progress the formation of Council’s Economic Development Advisory Committee.

COMMITTEE RECOMMENDATION

1. That the report of the Manager, Economic Development be received and noted by Council.

2. That revised Terms of Reference for the Economic Development Advisory Committee be presented to Council for formal adoption at its next meeting.

REASONS FOR RECOMMENDATION

To ensure that the terms of reference will provide for an appropriate number for membership of the advisory committee so that it can fulfil the functions of the committee .

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 18)

Item 18 Economic Development Advisory Committee

Motion: Moved by Cr. Strohfeld, seconded by Cr. Ramia

That:

1. the attached revised Terms of Reference be adopted for the Toowoomba Regional Council Economic Development Board.

2. the Toowoomba Regional Council delegates to the Board be the Mayor and the Portfolio Leader, Strategic Services (Councillor Strohfeld). - 76 -

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3. Councillor Strohfeld be appointed as the Deputy Chair and to fulfil the role of Chair until a permanent appointment is made in accordance with the Terms of Reference.

4. the following individuals be appointed as members of the Board:

• Craig Black • Bobbie Brazil • Shane Charles • John Dornbusch • John McCormack • John Minz • John Russell • John (Mac) Stirling • John Wagner.

5. at its first meeting, the Board recommend an independent Chair and any amendments to the proposed title, function and roles outlined in the Terms of Reference.

6. the Mayor and the Chief Executive Officer (jointly) be delegated authority to agree on a stipend for the Chair, if necessary. Carried

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------1 to 6 Chief Executive Officer Please instigate all follow-up. 31/08/09 ------77 -

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Portfolio: STRATEGIC SERVICES

REPORT TITLE Adaptation Planning for Climate Change - A Program for Local Government - Adaptive and Resilient Communities AUTHOR Senior Planner (Environment, Integrated Regional Planning) (Alison Curtis) - 25 May 2009

PURPOSE OF REPORT

To seek endorsement of Council's commitment to participate in ICLEI's Adaptive and Resilient Communities (ARC) Program.

CORPORATE PLAN REFERENCE

Not applicable

BACKGROUND

Adaptation planning for climate change impacts is a strategic activity supported by Council’s climate change planning framework (Council - 16 December 2008 - Committee of the Council - 9 and 10 December 2008 - Item 14). ICLEI (Local Governments for Sustainability) has introduced a new program for local government which is supported by the Australian Government’s Department of Climate Change. Council is a member of ICLEI.

This report outlines the Program Establishment Phase 2009/2010 of the ICLEI Adaptive and Resilient Communities (ARC) Program and seeks Council's endorsement for participation.

ISSUES AND RESPONSES

Planning to Adapt to Climate Change

Adaptation planning is a core component of Council’s actions to achieve environmental sustainability addressing climate change. Adaptation planning will complement Council’s activity within the framework including Awareness, Leadership and Mitigation.

As adaptation planning for climate change is a new activity nationally , planning resources and tools are needed and are being developed. A pilot run last year was the ICLEI Adaptation Toolkit that guides local government in adaptation planning steps , incorporating risk assessment and organisational engagement. Now ICLEI has initiated a program called Adaptive and Resilient Communities, based on capacity building concepts.

ICLEI has offered Toowoomba Regional Council a position in the 2009/2010 Program Establishment Phase of the ARC Program. A condition of selection and acceptance is the need for Council commitment to the program. A letter of commitment, referencing a Council decision, and payment is requested by ICLEI by 26 June 2009, for program commencement - 78 -

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in early July 2009.

Program to Build Adaptive and Resilient Communities

The program runs over three years and costs $9,000 per annum (as Council is an ICLEI member). Using an adaptive management framework, the program moves through five phases (Refer Figure 1). A dedicated officer is required to manage and complete the program over three years. The officer would work with Council and officers across and within all Directorates.

Figure 1: ARC program phases and activities

The program phases and activities, in the framework above, are based on the Australian Government’s Climate Change Impacts and Risk Management Guide for Business (2006) and comprise:

1. Establish the Context (Year 1) - analyse climate change risks and opportunities; assess Council’s adaptive capacity; develop options and assumptions.

2. Prioritise areas for Action and Set Goals (Year 1) - translate priorities into actions for building adaptive capacity and resilience.

3. Develop Adaptation Action Plan (Year 1, 2) - implement Adaptation Action Plan.

4. Monitor and Report (Year 2, 3) - systematically reconsider options; assess increase in adaptive capacity and resilience.

5. Review and Restrategise (Year 3).

The benefits of participation in the program are, ICLEI’s assistance to local government in:

1. Establishing their regional and local context for responding to climate change.

2. Applying capacity - building methodology and tools to evaluate and prioritise climate - 79 -

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change risks leading to action planning.

3. Providing best practice approaches and networking opportunities amongst "Foundational" Councils.

In order to take up its position in the ARC Program Establishment Phase, Council needs to:

• Allocate sufficient funds to implement the ARC Program Establishment Phase as outlined in the ARC Project Brief.

• Participate in the process as facilitated by ICLEI, including staff participation in all workshops.

• As a minimum , complete the first two phases of the ARC Project Framework by the end of June 2010.

• Participate in the project evaluation and collation of Council case studies to share lessons and challenges with councils across Australia.

It is proposed that:

• The primary contact and secondary contact would be decided by the Director, Strategic Services.

• Council's existing Green Action Team be the cross-departmental working group.

• Funding be sourced from the Integrated Regional Planning Branch budget.

Council needs to commence adaptation planning, as part of its response to climate change, and this program provides guidance, assessment and support.

CONCLUSION

Council’s participation in ICLEI’s ARC program would guide Council in this foundational planning activity, along with other local governments, to plan to build communities adaptive and resilient to climate change.

RECOMMENDATION

1. That Council endorse Toowoomba Regional Council’s participation in ICLEI’s Adaptive and Resilient Communities program (2009/2010 Program Establishment Phase), lead by Strategic Services Department, to build capacity and plan for adaptation to climate change.

2. That Council retain membership with ICLEI until the end of 2014, at $2,500 p.a. and subscribe to the ARC program at $9,000 for 2009/2010. - 80 -

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REASONS FOR RECOMMENDATION

Council’s endorsement is required to be a participant in the ICLEI the Adaptive and Resilient Communities program.

COMMITTEE RECOMMENDATION

That the recommendation of the Senior Planner (Environment, Integrated Regional Planning) be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 19)

Item 19 Adaptation Planning for Climate Change - A Program for Local Government - Adaptive and Resilient Communities

Motion: Moved by Cr. Strohfeld, seconded by Cr. C. Taylor

2. That Council retain membership with ICLEI until the end of 2014, at $2,500 p.a. and subscribe to the ARC program at $9,000 for 2009/2010. Lost

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Jo Molin Please note Council's decision. Alison Curtis ------81 -

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Portfolio: STRATEGIC SERVICES

REPORT TITLE Strategic Directions for Natural Environment Sustainability AUTHOR Director, Strategic Services (Jo Molin) and Senior Planner (Environment) - Integrated Regional Planning (Alison Curtis) - 25 May 2009

PURPOSE OF REPORT

1. To report on Toowoomba Regional Council's progress in developing a co-ordinated approach to engagement with natural resource and environmental sustainability organisations in the region (Council decision - 21 April 2009 [Committee of the Council - 14 and 15 April 2009 - Item 22]).

2. To seek support for Council's partnerships with and contributions to organisations that have a strategic focus on the sustainability of the natural environment.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

In past months, a number of strategic Natural Resource Management Plans for particular sub-regions within the Toowoomba Regional Council (TRC) area have been released and reported to Council. These plans were created by organisations outside of local government but recognise TRC as a stakeholder. Attention now needs to be placed also on Council’s strategic planning and management of the delivery of natural resource and environmental sustainability activities. Local government has responsibilities for planning, regulation and management in this area. This is driven through the Corporate Plan and other internal plans.

Council at its meeting of 21 April 2009 (Committee of the Council - 14 and 15 April 2009 - Item 22) resolved “that Council have a co-ordinated approach to engagement with natural resource management (NRM) organisations in the region to ensure that overlaps and gaps are minimised and that the organisations concerned in delivery of NRM programs be encouraged to work in partnership with Council and other organisations to maximise benefits to the region and to assist in securing funding for program delivery”.

This report outlines an initial stakeholder analysis (See Attachment included with the agenda papers) that endeavours to list all the “environmental” organisations in the region, their activities and relationship with Council.

This report also discusses the strategic relationships that Council holds, their relevance to Council’s strategic policy, strategic direction and environmental sustainability for the Region. - 82 -

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ISSUES AND RESPONSES

Organisations Working in the Region - Preliminary Assessment

There are forty-six natural resource and environmental sustainability organisations identified as operating in, or having influence, in the TRC area. Each organisation has varying charters, objectives and responsibilities underpinned by a range of operation, interaction and engagement models with the community and their stakeholders.

The organisations can be categorised as:

1. Government or government related.

2. Government-owned corporations.

3. National.

4. Regional.

5. Regional natural resource management bodies.

6. Programs - related.

7. Community, catchment, environment and special interest groups and individuals.

8. Advisory groups.

9. Other Groups such as schools, commercial groups, professional bodies and industry peak groups that are also part of our region.

Council Priorities for Natural Environment Sustainability

The draft Corporate Plan (2009 - 2014) outlines Sustainability of the Natural Environment as one of five major Goals for Council. It covers four Outcomes and includes eighteen Strategic Actions. The Natural Environment Outcomes sought are:

1. An accessible network of green spaces and its land and water assets are conserved and managed.

2. Safe and sustainable water networks.

3. Being climate change responsive.

4. The environment is managed to minimise degradation.

There is no TRC endorsed strategic plan or strategic environmental direction for natural resource and environmental sustainability documented for TRC. This gap will be addressed by Integrated Regional Planning through the development of such a Strategic Plan in collaboration with other Departments. It is expected to cover priorities and resourcing needs. - 83 -

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Current Council Activities for Natural Environment Sustainability

Despite operating without a strategic plan for natural resource and environmental sustainability activities, TRC has continued to be a key regional provider of such services. It is estimated that each Council in Queensland spends approximately 30% of its budget on such issues. Delivery by local government is complemented by other levels of government, natural resource management and related groups, the community and individuals. The TRC area is diverse in landform, bioregion, land use, environmental condition and threats and particular areas within the region require localised solutions or actions.

TRC's responsibilities in natural resource and environmental sustainability are wide-ranging from regulation, strategic planning, statutory planning, management, land management practice as a landholder, on-ground works (e.g. revegetation and weed control) and community education and landholder liaison. Key areas relate to biodiversity and natural area management, land and water management, air quality, biosecurity (i.e. pest management), climate change mitigation and adaptation planning, land use planning, stock routes, water supply , waste and wastewater management . Natural resource management has no geographical boundaries and is required in rural, peri-urban and urban areas and contributes enormously to provision of ecosystem services, community well-being and the economy. A sustainable natural environment is a fundamental Corporate Goal . It is derived from community aspirations, corporate vision, legislation and best practice governance.

Statutory requirements and roles exist for TRC in biosecurity (pest planning and management) and land protection under State legislation. Strategic environmental planning for natural resource management actions and targets is initiated by regional NRM bodies with local government engaged and also having implementation roles.

Within TRC, officers in the District Services Department primarily work in rural and peri-urban areas with priority roles in biosecurity and land protection. Related work covers catchment management and biodiversity protection and working with landholders and groups. Officers in the other Departments primarily work in sustainable resource management (e.g. water, waste, carbon and energy) along with statutory land protection and pest management. Other important services are strategic and regional planning, natural area management, bushcare, catchment management and working with community groups and strategic stakeholders.

Strategic Directions for Toowoomba Regional Council in Support of Natural Resource Management and Environmental Sustainability

The identification of natural resource management/environment sustainability organisations is the first part in developing a Strategic Plan for TRC's responsibilities for natural resource management.

Over the next four months, Strategic Services (Integrated Regional Planning) will work with all areas of Council to develop a draft strategic plan to fulfil the requirements of the Council decision of 21 April 2009.

The Strategic Plan will guide:

1. Council in achieving Corporate Goals for Sustainability of the Natural Environment.

2. Alignment with legislation, policy and other regional plans. - 84 -

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3. Stakeholder engagement and priority roles for Council as a stakeholder.

4. Priorities and policy needs for Council, including resources, responsibilities and timeframes.

5. Co-ordination of actions and communication across the organisation.

The Strategic Plan will be founded on “good NRM governance” principles, covering such matters as TRC's role recognition, commitment, organisational processes, delivery standards and committed to continual improvement and facilitation of community involvement.

Council’s activities in NRM and environmental sustainability are core business and are recognised in the Natural Environment Goal of the Draft Corporate Plan. As guided by the future Corporate Plan, Council’s activities to achieve natural environment sustainability will cover core areas such as biosecurity and biodiversity, sustainable resource use and climate change and land management practices. Factors such as reviews (e.g. Precept Review, Pest Animal Fence Review), final decisions from the Weller Review (re River Trusts and Darling Downs Moreton Rabbit Board) and adjustments because of new or revised legislation (e.g. Biosecurity legislation) will also need to be considered.

The connectivity with existing organisations, their strategic plans and stakeholders and those of TRC’s needs consideration.

Condamine Balonne Water Committee

Currently, TRC decisions are in place for involvement in many environmental and sustainability organisations and those seeking a regular financial contribution (e.g. for membership). Condamine Balonne Water Committee (CBWC) has sought a contribution from Council. CBWC is known for water quality monitoring in the catchment. The Committee prior to amalgamation comprised local governments. Amalgamation has changed this relationship. Information required to assess Council’s participation (i.e. benefit, value for money) was only received 25 May 2009.

CONCLUSION

Council’s engagement with organisations should have strategic objectives identified that acknowledge the different levels of planning within the community for natural resource and environmental sustainability. Alignment with regional plans and legislation , policy development, and the co-ordination of activities is required.

RECOMMENDATION

1. That Council note that a Draft Strategic Plan for natural resource management/environment sustainability is being prepared by Strategic Services Department in collaboration with other Departments.

2. That Council support participation in the Condamine Balonne Water Committee for $14,000 contingent on the organisation meeting Council's funding criteria. - 85 -

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REASONS FOR RECOMMENDATION

Forward planning for how TRC addresses sustainability of the natural environment is a gap. Such planning will facilitate recognition of these activities, action-planning and priority-setting, identification of stakeholders and community engagement processes, partnerships and resources and assist organisational coordination.

COMMITTEE RECOMMENDATION

That the recommendation of the Director, Strategic Services and the Senior Planner (Environment, Integrated Regional Planning) be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 20)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------1 Alison Curtis Please report on draft Strategic Plan 30/10/09 ------2 Jo Molin Please assess and decide on funding request 30/06/09 of Condamine Balonne Water Committee ------86 -

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Portfolio: STRATEGIC SERVICES

REPORT TITLE Amended Application to Amend Order - Trading Hours - Non-Exempt Shops Trading by Retail - State, City of Toowoomba Area AUTHOR Manager, Economic Development (John Hickey) - 25 May 2009

PURPOSE OF REPORT

To inform Council of the application made to the Queensland Industrial Relations Commission by the National Retailers Association Ltd to extend trading hours for non-exempt retail shops in the city of Toowoomba area.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

The Queensland Industrial Relations Commission (QIRC) has the power to decide trading hours for non-exempt shops under the Trading (Allowable Hours) Act 1990. A report on 'Sunday Trading' was presented to Council on 17 June 2008 (Committee of the Council - 10 and 11 June 2008 - Item 13) which recommended that 'Council seek an assessment of community views from across the Toowoomba Regional Council area into Sunday trading for the retail sector in Toowoomba City ...... '

The 'Retail Trading Hours Community Survey' was administered by Lawrence Consulting in August 2008. The Survey mailed to 20,000 households received 5,646 responses (28.2% response rate), represented 10.9% of the Councils 52,010 households. Approximately 56.6% of households preferred no change to the 'current retail trading hours' with 42.4% preferring a change: 36.4% preferring unrestricted Sunday and public holiday trading (with the exception of Christmas Day, Easter Sunday and Anzac Day) and 6.0% preferring Sunday trading during school holidays and long weekends. There does not appear to be a dominant view held within the community on the issue.

The Community Survey Report has not yet been made available to the Public but has been released to some parties in accordance with the Freedom of Information Act 1992.

ISSUES AND RESPONSES

The National Retailers Association Ltd (NRA), whose members include Coles , Woolworths and Franklins, made an application to the QIRC on 8 April 2009 to extend the trading hours of non-exempt shops trading by retail in the city of Toowoomba area as defined in the application. The attached map shows the area to which the application refers.

The application proposes to extend existing trading hours of non-exempt retail trading shops - 87 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______in the city of Toowoomba areas as follows:

Sunday 9.00 a.m. until 6.00 p.m.

Public Holidays 8.30 a.m. until 5.30 p.m. (except Christmas Day, Good Friday, Anzac Day and Labour Day).

On 30 April 2009, the QIRC made Directions Orders requiring the NRA to provide a copy of its application to nineteen interested organisations (including Council), and to publish an advertisement with the details of the application and hearing in the local media. The NRA application was served on Council on 11 May 2009 and an advertisement appeared in the Toowoomba Chronicle on 13 May 2009. Any interested organisation or person had the opportunity to apply to the QIRC by 21 May 2009 for leave to appear and be heard in the matter. The QIRC Registry has confirmed that, at this stage, the Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees and the Queensland Retail Traders and Shopkeepers Association (Industrial Organisation of Employers) are Parties that have registered an interest in being heard on the matter.

The matter was listed for mention (preliminary hearing) before the Full Bench of the QIRC on 25 May 2009. At the mention, the QIRC set-down the dates for the full hearing from 1 - 4 September 2009 at the Toowoomba Magistrates Court. It is expected that the parties will make submissions with regard to the merits or otherwise of introducing extended trading hours as proposed in the application.

According to the Act , the QIRC in making decisions with respect to extended trading hours must have regard to:

(a) the locality, or part thereof, in which the non-exempt shop or class of non-exempt shop is situated;

(b) the needs of the tourist industry or other industry in such locality or part;

(d) the needs of an expanding population;

(e) the public interest, consumers’ interest, and business interest (whether small , medium or large);

(f) the alleviation of traffic congestion;

(g) the likely impact of the order on employment;

(h) the view of any local government in whose area the Order is likely to have an impact;

(i) any other matter that the QIRC considers relevant.

Should the application made by the NRA be successful in the QIRC, shops located in the city of Toowoomba area (discussed above) that fit the category of 'non-exempt shops' trading by retail will be allowed to open for trading during extended hours (as above). If the application does not succeed, there will be no change to the current trading hours in the Toowoomba city area. A decision of the QIRC may be appealed to a Court by an unsuccessful Party. - 88 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

'Non-exempt shops' trading by retail are shops that are not any of the following:

(a) an exempt shop which is specified in the Act to include antique shop, art gallery, arts and crafts shop, chemist, bakery, camping equipment shop, delicatessen, fish shop, florist, fruit and or vegetable shop, cooked provisions shop, hairdresser, beautician, barber shop, ice-cream parlour, bookseller, newsagency, licensed premises, milk bar, nursery, pet shop, restaurant, cafe, service station, souvenir shop, sporting goods shop, toy shop, veterinary supplies shop;

(b) an independent retail shop which is generally a retail shop (that is not an exempt shop, an office or stall) owned by a proprietary company or by a sole trader or persons in partnership and which engages less than 21 people in the shop and less than 61 people in all shops in Queensland;

(d) a stall which is a space, stand, structure where goods are for sale at a market.

Exempt shops and independent retail shops are already able to trade on Sunday.

CONCLUSION

The issue of extended trading hours is complex and authority rests with the QIRC to determine the matter. A number of groups representing major stakeholders have registered to be heard and the QIRC has set down the dates for the full hearing from 1 to 4 September 2009 in the Toowoomba Magistrates Court.

Council commissioned a community survey on the matter in August 2008. The public release of the report from the survey will allow community views registered at that time to be given appropriate consideration by the QIRC.

RECOMMENDATION

That Council release the Toowoomba Regional Council Retail Trading Hours Community Survey 2008 report to the public including parties in the Queensland Industrial Relations Commission matter to enable community views expressed therein to be given appropriate consideration by the Queensland Industrial Relations Commission.

REASONS FOR RECOMMENDATION

To allow all interested parties in the QIRC matter to have access to the data contained in the Toowoomba Regional Council Retail Trading Hours Community Survey 2008.

COMMITTEE RECOMMENDATION - 89 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

That the recommendation of the Manager, Economic Development be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 21)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------John Hickey Please instigate all follow-up action. 31/07/09 Pradeepa York ------90 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: STRATEGIC SERVICES

REPORT TITLE 2009 - 2014 Corporate Plan AUTHOR Manager, Community and Business Planning (Kevin Wruck) - 28 May 2009

PURPOSE OF REPORT

To seek Council's adoption of the 2009 - 2014 Corporate Plan.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

Council at its meeting on 21 April 2009 (Committee of the Council - 14 and 15 April 2009 - Item 19) resolved:

1. That the Draft Corporate Plan 2009 - 2014, as attached, be adopted for the purpose of undertaking public consultation.

2. That, following receipt of submissions from the public consultation period, the updated Draft Corporate Plan 2009 - 2014 be submitted to the Committee of the Council Meeting scheduled for 9 and 10 June 2009 for consideration and adoption.

Subsequently, the Corporate Plan was circulated for public comment. Seven written submissions and a number of verbal suggestions were received concerning the Draft Corporate Plan.

ISSUES AND RESPONSES

A summary of the comments received on the Draft Corporate Plan along with the written submissions were presented to the Councillors' Information Session on 26 May 2009. As a result of this session, a number of amendments were made to the Corporate Plan.

A copy of the proposed 2009 - 2014 Corporate plan is attached.

Once adopted it is proposed to create a summarised version of the Corporate Plan that will be distributed to every resident. - 91 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

CONCLUSION

The proposed 2009 - 2014 Corporate Plan has been developed following community feedback and the Councillors' Information Session. The Corporate Plan is submitted for Council consideration and adoption.

RECOMMENDATION

That Council approve the 2009 - 2014 Corporate Plan.

REASONS FOR RECOMMENDATION

To provide a strategic direction for Toowoomba Regional Council.

The Corporate Plan is required to be adopted by 30 June 2009.

COMMITTEE RECOMMENDATION

That the recommendation of the Manager, Community and Business Planning be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 22)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Kevin Wruck Please instigate all follow-up action. 31/07/09 ------92 -

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Portfolio: TOURISM EVENTS AND PARKS SERVICES

REPORT TITLE Oakey Street Sprints - Request for Council Assistance AUTHOR Senior Administration Officer Tourism and Events (Simon Underwood) - 26 May 2009

PURPOSE OF REPORT

To seek Council's approval:

(a) for Australian All Rally Group Inc. to conduct a motor sport event within the township of Oakey from Friday, 25 to Sunday, 27 September 2009; and

(b) for the provision of in-kind support to Australian All Rally Group Inc. in connection with a proposed motor sport event; namely, "Oakey Street Sprints".

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

On 13 February 2007, nine persons attended a meeting in the Oakey Cultural Centre to discuss the idea of staging a "Street Sprint" motor sport event in the heart of Oakey and, as a result, the former Jondaryan Shire Council resolved as follows:

"That Council reserved its consideration of a street sprint meeting in Oakey pending receipt of further details of the proposal, together with a traffic plan for the event, the results of a survey to be undertaken to gauge community support and Council's anticipated comment."

As a result of the above decision , the local group charged with the responsibility of planning and implementing the event and now known as the "Oakey Street Sprint Management Advisory Committee " progressed the idea. This group contains representation ranging from Toowoomba Regional Council, Oakey Motor Sport Club Inc.' Oakey Service Clubs (Lions & Rotary) and Oakey SES.

At its meeting of 10 April 2007, the former Jondaryan Shire Council resolved as follows:

"That Council, through Tourism Jondaryan, lodge an application with the confederation of Australian Motor Sport for the hosting of a street sprint meeting in Oakey in 2008".

Since this time, numerous issues in connection with the conduct of the proposed event have been discussed and progressed by the Oakey Street Sprint Management Advisory Committee. - 93 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

The proposal was supported by the former Jondaryan Shire Council who provided support at staff level to the advisory committee through Tourism Jondaryan together with various items of other support since early August 2007 to the value of $3,600.

Realising that the actual running of the proposed event is beyond their expertise at this stage, the local advisory committee, together with Oakey Motor Sport Club Inc., has sought the assistance of a local not-for-profit group "Australian All Rally Group Inc " to conduct the event on their behalf. Both Oakey Motor Sport Inc. and Australian All Rally Group Inc. are legal entities.

Apart from the social and economic benefits to the local community arising from the event , it is proposed that direct donations will be distributed to the following organisations (see attached draft budget):

• Oakey Motor Sport Club Inc. ($2,500) • Australian All Rally Group Inc. ($7,500) • Oakey School Chaplaincy ($1,500) • Oakey Jaycees ($1,000) • Local Charity or Sporting Organisation (willing to assist with rubbish collection) ($1,000) • Rural Fire Brigade - road closure & parking ($1,500) • Endeavour Foundation ($11,400).

ISSUES AND RESPONSES

Applicant Details

The Australian All Rally Group Inc. (AARG) is affiliated with the Confederation of Australian Motor Sport (CAMS) and has been engaged as the Event Organiser. The club's affiliation with CAMS provides the benefits of personal insurance cover to all volunteers , spectators and entrants with a public liability insurance of one hundred million dollars per claim.

AARG consisted of fifteen members in 1987 and was established to supply officials for the Endeavour Foundation Car Rallies which raise funds for people with intellectual disabilities. The club is proud to state that it has assisted the Endeavour Foundation to raise in excess of three million dollars over the last 22 years. The AARG also conducts a dirt sprint series on private property at Hirstglen and has recently conducted its tenth street sprint event in the Gatton industrial estate. The club currently has over 100 members of which fifty-five are committed to assisting with the proposed Oakey sprint event.

Event Summary and Budget

The event will be run over three days with the proposed program being as set-out hereunder: - 94 -

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Date Details Friday, 25 September 2009 9:00 a.m. to 9:00 p.m. partial closure of affected roads, at minimum restriction to business houses . Check cars, inspect track, carry out general safety inspections.

Saturday, 26 September 2009 9:00 a.m. to 5:00 p.m. racing. 6:00 p.m. to 8:00 p.m. burn-out competition. 3:00 p.m. to 1:00 a.m. Show & Shine Event, Dinner, Band & Dancing, all at Show Grounds Hall.

Sunday, 27 September 2009 9:00 a.m. to 4:00 p.m. racing.

The budget for the event provides disbursement of excess income over expenditure to charitable/sporting organisations to the value of $26,400 and is attached.

A map depicting the racing circuit is attached.

Entry to the event is $15 per adult, $30 per family with children under the age of 12 being admitted free of charge.

Depending upon the success of the event, it is proposed to run the same on an annual basis.

Council Assistance and Funding Source

The applicant is requesting the following assistance from Council in the way of in-kind support which has been valued at $15,095.

Assistance Comments Value

Water Truck (20hrs @ Supply of the truck during the weekend to assist with dust $1,600 $80ph) suppression Street Sweeper (3hrs @ Removal of debris from the race surface on Friday 25 Sept 2009 $270 $90ph) Power Broom (20hrs@ Supply of power broom to sweep the track, as required $30ph) throughout the weekend $600 Rubbish collection & 30 Wheelie bins & 4 bulk bins. Bulk bins to be emptied Sunday Nil removal (2 removals using morning and noon Monday Anticipate 20 cubic meters of 1 truck & 4 staff @$60ph) un-compressed rubbish (assessed at $1,500) The applicant has subsequently secured free rubbish removal from Wanless Waste) Mow, tidy & make safe Footpaths and surrounding areas (shaded green on attached $1,000 (extra to usual program) map) including paddock for Entrant Paddock camping area during the week prior to the event Maintenance of area (extra During the week prior to the event, repair any pot holes and $2,000 to usual program) rough surfaces on the footpath, spectator areas and track surface Road closure signage Supply 2 detour signs , 2 road closed signs and 2 local access $500 only signs. Required the weekend prior to the event to assist with set-up and from Friday of the event until noon on Monday Pump out of toilets (private Sunday and Monday. $2,500 contractor @ $80 per pump-out) - 95 -

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Concrete Barriers 335 (load Load and transport from Council depot to site storage area , $3,375 & transport to storage area corner Katrina & Ross Streets. - note; no return as after the event they will be stored on private property. This value may need to be increased if the barriers are placed by Council staff into their final position.) Concrete Barriers - Painting Paint exterior surface of barriers white (originally assessed at $2,500 (suggest use of volunteer $1,000, however, further investigations have revealed that the labour, therefore paint cost paint will cost in excess of $2,000, therefore the saving from only) rubbish removal has been diverted to this item ) Letters of Support Letters of support required for road closure application , Traffic No cost Management Plan and to CAMS as part of applicant's submission for a Liquor Licence and Track Licence Show grounds (only cover Access and use of Oakey Show Grounds from Friday 25. Fees $750 cost for Council staff to for this facility are set by Oakey Show Society, therefore suggest clean toilets and remove the applicant liaise with the said Society rubbish) Equipment Operators Qualified operators from Council's staff have volunteered their No cost services, however, the applicant would appreciate the equipment being delivered on Friday afternoon and collected Monday morning TOTAL $15,095

The current approved budget for Tourism Jondaryan has unexpended funds of $30,378 and it is suggested that, should Council wish to support the request, then this funding source be utilised to fund the in-kind request. However, because the event will occur in the 2009/2010 financial year, it will be necessary to carry over such funding into the new budget. In order for the applicant organisation to comply with Council's funding requirements, it will be necessary for the assistance to be offered subject to the standard requirements of the Events Support Scheme.

Community Benefit

Mr Geoff Achilles of Oakey Motor Sport Club Inc. is a long term resident of Oakey and is of the opinion that this community needs "its own" event which will raise the identity of the district and hence, bring the community together. Therefore, as a move towards this goal, the proposed street sprint event is seen as a means to going some way to achieving this goal, especially the involvement of local organisations with the running of the event.

The event comprising of street sprints, burn-out competition along with the show and shine, dinner dance and live music will provide a platform for the community to participate in a social activity on their door step.

Economic Benefit

Having regard to the applicant's experiences with the Gatton sprints, the anticipated Oakey field of 160 competitors will equate to over 300 persons, aside from spectators. A recent survey conducted by the Short Circuit Motorsport Association established that in excess of $40,000 was spent in the Stanthorpe district over a two-day period by an entrant field of 120. It is felt that the Oakey event will attract a larger entrant field than Stanthorpe and therefore, the economic benefit to Oakey should surpass Stanthorpe.

The Gatton sprints held in March 2009 attracted a field of 140 entrants with over 100 - 96 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______associated family and crew members present, along with a spectator crowd of over 3,500. The applicant expects a spectator crowd at the Oakey event in the order of 4,000 persons. The official launch of the event is yet to be conducted however, ninety-five entries have already been received.

Event Promotion

Limited advertising of the event has occurred to date in the Oakey Champion, The Chronicle and The Road Ahead (RACQ Magazine). The applicant is proposing to launch an advertising campaign four weeks out from the event via radio, WinTV, Oakey Champion, and The Chronicle.

Other Regional Events

It is acknowledged that the event will occur on the second weekend of the Toowoomba Carnival of Flowers with the major Carnival attraction at this time being a proposed 'Birthday' Street Party in the Toowoomba CBD on one day over that weekend. The Manager, Tourism and Events believes the Oakey Sprints event will complement the activities being held in the final weekend of Toowoomba Carnival of Flowers and add some diversity to the myriad of other community events that occur during the period of Carnival. An event of this nature has a very specific following which will attract a different mix of people to our region.

No other activities within the region have been identified at this stage.

Approvals/Permits/ Public Liability Insurance/CAMS Requirements/Health and Safety Issues

The purpose of this report is for Council to give the applicant an indication of its support for the event and the level of any direct support. Should Council accede to the request, then it will be subject to the applicant organisation seeking and obtaining all State and Local Government and ancillary approvals/permits/requirements in connection with the conduct of the event including all road closure actions and notifications to affected residents.

Future Assistance

The applicant has indicated a desire for the event to be ongoing however, it may be prudent at this stage for Council to indicate that its support for the forthcoming event can only be provided as a one-off basis and that on-going assistance cannot be expected or guaranteed. It is recommended that requests for funding future events should be sourced through Council's Events Support Scheme.

Enterprise Powers

The "Enterprise Powers" pursuant to the Local Government Act 1993 ('the Act') are required to be considered in circumstances where Council is requested to provide assistance to third parties, unless the transaction clearly relates to making a donation to a public, charitable or non-profit organisation.

Subject to certain legislative restrictions on the exercise of enterprise powers (discussed below), the Council may engage in or help an enterprise if the enterprise concerns a matter that, in its opinion, is directed to benefiting and can reasonably be expected to benefit its area or part of it. - 97 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Before exercising an Enterprise Power, section 498 requires that the Council consult with and have proper regard to the advice of persons who, in its opinion, possess relevant competence about:

(a) the end to which the exercise of the power is, or would be, directed;

(b) the ways to achieve the end; and

The end to which the exercise of this power is directed is to promote the region, generate pride and identity in the Oakey community and provide an economic benefit to the said area which will be achieved by the conduct of a motor sport event.

CONCLUSION

Support for the event, subject to compliance with all relevant approvals/requirements together with the provision of in-kind support, is recommended. An event of this scale within the township of Oakey will capture the imagination and attention of the community and provide the added advantage of supporting local community groups and build community pride. It also has the capacity to provide direct economic benefit to the local community.

RECOMMENDATION

1. That Council agree to the conduct of a motor sport "Oakey Street Sprints" event in the township of Oakey in accordance with the circuit diagram attached to the report of the Senior Administration Officer, Tourism and Events dated 26 May 2009, subject to the applicant organisation seeking and obtaining all State, Local Government and Confederation of Australian Motor Sport approvals/permits/requirements in connection with the conduct of the event including all road closure actions and notifications to affected residents.

2. That Council support Australian All Rally Group Inc. by providing in-kind support to the value of $15,095 to assist with the conduct of "Oakey Street Sprints" to be held in the township of Oakey from 25 to 27 September 2009, subject to the standard requirements of the Events Support Scheme, as a charge against Business Unit No. 4174000, Tourism Jondaryan.

3. That the sum of $15,095 as contained in the 2008/2009 budget allocation for Tourism Jondaryan under Business Unit No. 8174000 be carried over and included in the 2009/2010 budget.

4. That Australian All Rally Group Inc. be advised that the assistance provided for the conduct of the Year 2009 "Oakey Street Sprints" is offered on a one-off basis only and that requests for future funding will need to be made through the Events Support Scheme.

5. That, in relation to Recommendation 2. above requiring Council to exercise its Enterprise Powers, it be noted that the Council has consulted with and had regard to the advice of Simon Underwood, who in the Council 's opinion possesses relevant - 98 -

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competence about the end to which the exercise of the powers is directed and the ways of achieving those ends.

6. That in accordance with section 498(1) of the Local Government Act 1993, Council resolve to exercise its Enterprise Powers to engage in an enterprise to which the assistance is being granted, namely the provision of in-kind support to promote the region, generate pride and identity in the Oakey community and provide an economic benefit to the said area, as in the opinion of Council, the enterprise is considered to be directing a benefit to, and can reasonably be expected to benefit the Toowoomba Regional Council area or a part thereof.

REASONS FOR RECOMMENDATION

The Oakey Street Sprints event will contribute positively to the well-being and livability of the local community and generate economic benefit. It will also foster community pride and provide the community with its own identifiable event.

COMMITTEE RECOMMENDATION

That the recommendation of the Senior Administration Officer, Tourism and Events be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 23)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------1.2.4. Simon Underwood Please advise the applicant of the decision 19/06/09 and initiate the Event Support Scheme arrangements. ------1.-4. Ian Stevenson Please initiate all follow-up action. 31/07/09 Please provide letters of support. ------3. Anna Betts Please note the decision for the carry-over 30/06/09 budget. ------6. Angela O'Neil Please arrange for the details to be noted in 19/06/09 the Enterprise Powers Register and advise the relevant State Government Authorities. - 99 -

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------6. Kevin Wruck Please arrange for the gift details to be noted 30/06/09 in the Annual Report. ------100 -

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Portfolio: TOURISM EVENTS AND PARKS SERVICES

REPORT TITLE Review of Appointment - Town Crier AUTHOR Senior Administration Officer, Tourism and Events (Simon Underwood) - 21 May 2009

PURPOSE OF REPORT

To seek endorsement to continue with the appointment of the Town Crier for the Toowoomba Regional Council until 30 June 2012 or a longer term, as determined by Council.

CORPORATE PLAN REFERENCE

Not applicable

BACKGROUND

Council Decision - 20 May 2008 (Committee of the Council - 13 and 14 May 2008 - Clause 11)

1. That Council endorse the appointment of Mr Ralph Cockle as official "Town Crier" for the area covered by the Toowoomba Regional Council, on a voluntary basis, and meet all reasonable expenses incurred in the conduct of such duties, to a maximum level determined in accordance with the annual budget process.

2. That the appointment of Mr Ralph Cockle be for the period concluding on 30 June 2009 and be reviewed on an annual basis.

ISSUES AND RESPONSES

Continuation of Appointment

Mr Cockle has advised that he is keen to continue to act in the capacity of Town Crier for the Toowoomba Regional Council and acceptance of the offer is endorsed by the Manager, Tourism and Events.

Tenure of Appointment

Council's decision in connection with the review of the Town Crier's appointment refers to an annual basis however, it is suggested that Council may wish to extend this period and bring the same into line with the term of the Toowoomba Regional Council which expires in 2012. - 101 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

From an operational perspective, it would be favourable to review the appointment on a quadrennial basis in line with the tenure of the Council, rather that an annual basis.

Expenses of Office

During the present financial year, Mr Cockle has attended in the order of 100 various events as Council's Town Crier covering civic and community events. For the 2009/2010 financial year, Mr Cockle is seeking $5,500 as a contribution to his overall expenses incurred in undertaking the Town Crier role. The extra $500 is to cover some part replacement of his traditional uniform, mainly the jacket and vest, with the original uniform having been purchased in 1999.

Mr Cockle is very proud to represent Council and always maintains a high standard of dress due to careful maintenance of his complete traditional Town Crier's uniform.

CONCLUSION

Council's Town Crier undertakes the duties of this role in a manner beholding to the city and region and is willing to continue with the appointment. Rather than review the matter on an annual basis, it is suggested that a longer term be considered.

RECOMMENDATION

1. That Council appoint Mr Ralph Cockle as official "Town Crier" for the Toowoomba Regional Council for the period from 30 June 2009 until the expiration of the term of the current Council in 2012 and meet reasonable expenses incurred in the conduct of such duties, to a maximum level determined in accordance with the annual budget process.

2. That Council note that Mr Ralph Cockle is seeking $5,500 as a contribution to his overall expenses incurred in undertaking the Town Crier role for the 2009/2010 financial year which will be presented for Council's consideration when framing the budget.

3. That the appointment of a "Town Crier" be reviewed on a quadrennial basis immediately following the election of a new Council.

REASONS FOR RECOMMENDATION

Endorsement of the Town Crier role for the area covered by Toowoomba Regional Council will cover the incumbent with the conduct of his duties throughout the Region during the appointment period. Many requests/invitations for the Town Crier to participate in events across the region occur well in advance and the annual appointment to this position makes it difficult for the Town Crier to accept invitations beyond the current tenure.

COMMITTEE RECOMMENDATION - 102 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

That the recommendation of the Senior Administration Officer, Tourism and Events be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 24)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Simon Underwood Please convey Council's decision to Mr 19/06/09 Cockle. ------Ron Baxter Please initiate any action required in 30/06/09 connection with the voluntary role. ------103 -

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Portfolio: ENVIRONMENTAL AND COMMUNITY SERVICES

REPORT TITLE Community Support Requests - (a) Toowoomba & District Youth Service Inc. (b) Royal Society For The Prevention Of Cruelty To Animals Inc. (c) Harlaxton Neighbourhood Centre Inc. (d) Toowoomba Historical Society Inc. AUTHOR Senior Administration Officer Tourism and Events (Simon Underwood) - 20 May 2009

PURPOSE OF REPORT

To seek approval to provide in-kind support to:

(a) Toowoomba & District Youth Service Inc. (development application building fees).

(b) Royal Society or The Prevention Of Cruelty To Animals (RSPCA) (Trees, Shrubs and Mulch).

(d) Toowoomba Historical Society Inc. (under hire equipment associated with Devonshire Teas in Queen's Park during Carnival Week)

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

(a) Toowoomba & District Youth Service Inc.

Toowoomba & District Youth Service Inc. is in the process of constructing a work shed (double garage) in the back yard of Gateway House, 26 Stephen Street Toowoomba. This is a residential care facility for young persons who find themselves in a crisis situation. The shed will be utilised by these persons for various self esteem building projects and courses.

The applicant is seeking reimbursement of the Development Application Building fee of $503.

(b) Royal Society For The Prevention Of Cruelty To Animals

The RSPCA is currently embarking on a project to enhance the appearance of its animal shelter at 43 Vanity Street , Toowoomba and is seeking suitable trees, shrubs and mulch from Council to the value $1,000. - 104 -

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The RSPCA is intending to make the shelter a more appealing place for people wanting to visit and provide support and make a real difference to reducing the numbers of stray animals.

The Harlaxton Neighbourhood Centre is running a NAIDOC Week, community fun day activity, at Blue Mountain Reserve Park on Sunday, 5 July 2009 and is seeking assistance in connection with the hire of the park and Council's mobile stage.

The value and division of the assistance is estimated as follows:

Item Cost & Comments Hire of park $31.00 (to be met by Council) Bond $525.00 (to be met by applicant)

The fees for the mobile stage are as follows:

Item Cost & Comments Hire of stage $195.00 (to be met by Council) Transport $120.00 (to be met by Council) Set-up (Apex) $95.00 (to be met by applicant) Electrical inspection $95.00 (to be met by applicant) (statutory requirement) Bond $200.00 (to be met by applicant)

Therefore, the total cost of the request is $346.

(d) Toowoomba Historical Society Inc.

The Toowoomba Historical Society Inc. is seeking support in connection with the conduct of its Carnival of Flowers Devonshire Teas which are provided from the Society's Lindsay Street premises on a daily basis to visitors of Queen's Park Gardens from Friday, 18 September 2009 to Saturday, 26 September 2009. The activity provides a service to visitors of the park, enhances their stay and encourages them to stay a little longer. Profits arising from the activity are utilised by the Society to offset its operational costs in providing research facilities for the community.

The Society is seeking assistance in relation to the provision of shade cover, tables and chairs. These facilities will also be made available to the public, who may care to pause for a spell after looking at flower beds or listening to music in the Park.

Council has a small tent however, due to the long and narrow location proposed, it would not be suitable. As part of the overall organisation of Carnival activities, Council sources various tents, tables, chairs and umbrellas from an external provider and, if the application was to be approved, the additional equipment would be sourced along with Council's requirements to meet the applicant's needs.

The estimated cost of the equipment is: - 105 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

(a) Supply & install one white pavilion 4m x 8m, $408 (b) 32 White Pipi Chairs, $96 (c) 7 round tables, $147 (d) 2 umbrellas, $23 (e) Damage waiver $34 (e) Total $708

Because the activity needs to be planned well in advance, advertised in bus tour circles and equipment ordered, the applicant is seeking a response at this early stage.

ISSUES AND RESPONSES

Toowoomba & District Youth Service Inc.

CRITERION COMMENT In Kind Support The request meets Council's in kind support guidelines, in that the applicant is seeking assistance with a Council related fee . Local Not for Profit Community The Youth Service is a local not for profit organisation . Organisation Legal Entity Yes, IA 1086. Public Benefit Offering young people, at risk in the community, opportunities to participate in programs and activities that will assist with the development of living skills, find employment and connect with other organisations that can further assist them to become responsible community members. Economic Benefit To City The application of worthwhile projects that will assist at risk persons to work towards gaining abilities, gain knowledge and skills that may enable them to become more independent and productive community members. Objectives Support of young people within the region between the ages of 13 to 17, their families and carers. Enterprise Powers The applicant is an enterprise associated with the provision of educational and community services and therefore , Council is not required to exercise its enterprise powers.

Royal Society For The Prevention Of Cruelty To Animals (RSPCA) (Trees, Shrubs and Mulch)

CRITERION COMMENT In Kind Support The request meets Council's in kind support guidelines, in that the applicant is seeking resources provided by Council . Local Not for Profit Community The Society is a local not for profit organisation . Organisation Legal Entity Yes, IA 28655. Public Benefit Enhancement of the shelter which will also aid to compliment adjoining parklands. The shelter will be more appealing to visitors and support workers. Economic Benefit To City Reduction of the number of stray animals within the community . Objectives Animal welfare. Enterprise Powers The applicant is an enterprise associated with the provision of community services and therefore, Council is not required to exercise its enterprise powers. - 106 -

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Harlaxton Neighbourhood Centre Inc.

CRITERION COMMENT In Kind Support The request constitutes in kind support in that the applicant is seeking assistance with Council related fees . Local Not for Profit Community The applicant has advised that HNC is a local not for profit organisation . Organisation Legal Entity Yes. No. I.A. 3673. Public Benefit Harlaxton Neighbourhood Centre serves an area in the northern fringe of Toowoomba comprising a high density of public housing and is an area of concentrated disadvantage, with high levels of welfare dependency and a significant indigenous community . There is a degree of geographic isolation, especially for families on low income who are dependent on public transport for mobility . The conduct of a free family fun day event during NAIDOC Week will encourage the community to join together and form strong bonds . Economic Benefit To City The presence of active service/support organisations within the community, such as the Harlaxton Neighbourhood Centre, is seen as a providing economic benefit to the community .For instance, a strong network of community support organisations within an area can foster harmony and stave off discontent. Objectives Supporting the community.

Toowoomba Historical Society Inc.

CRITERION COMMENT In Kind Support The request meets Council's in-kind support guidelines, in that Council is sourcing various items of equipment for the Carnival of Flowers and the applicant's request can be accommodated as part of the overall order. The equipment will also be available for community use . Local Not for Profit Community The Society is a local not for profit organisation . Organisation Legal Entity Yes, IA 17020. Public Benefit Provision of shaded seating to members of the public , free of charge, during Carnival of Flowers events. Provision of Devonshire teas in Queen's Park Gardens during Carnival Week. Economic Benefit To City The activity enhances the experience of visitors to Queen 's Park Gardens during Carnival Week and may attract them back to the City . The activity provides a local not for profit group with the opportunity to raise funds to carry out its community goals . Objectives Provide research facilities by collecting , preserving and conserving three dimensional objects, presented material on history and heritage of Toowoomba and near region to members and Toowoomba 's community, hold displays and tours. Enterprise Powers The applicant is an enterprise associated with the promotion of the City and therefore, Council is not required to exercise its enterprise powers .

Funding

As the current unexpended funds in Council 's Community Support program amount to $16,404, the above requests totalling $3,284 can be accommodated. - 107 -

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CONCLUSION

It is recommended that the applications be supported as they meet the purport of Council's Community Support Policy.

RECOMMENDATION

1. That Council support Toowoomba & District Youth Service Inc. by meeting the development application building fee of $503 for the construction of a shed at 26 Stephen Street, Toowoomba to enable the conduct of various youth service programs, as a charge against Work Order 84260, Community Support Scheme.

2. That Council support the local Royal Society for the Prevention of Cruelty to Animals by providing suitable trees, shrubs and mulch, to a maximum value of $1,000, to assist with the enhancement of the appearance of its animal shelter at 43 Vanity Street, Toowoomba, as a charge against Work Order 84260, Community Support Scheme.

3. That Council support the "NAIDOC" week activity of the Harlaxton Neighbourhood Centre Inc. at Blue Mountain Reserve Park on Sunday, 5 July 2009 by meeting the hire costs associated with the use of the said park and Council's mobile stage, with the value of the above assistance ($346) being met from the Community Support Program, Work Order No. 84260.

4. That Council support the Toowoomba Historical Society Inc. by providing a public shaded area, complete with chairs, tables and umbrellas, in Queen's Park Gardens over Carnival Week in the vicinity of the Society's premises, with the balance of the assistance ($708) being met by Council, as a charge against Business Unit 8135001.

REASONS FOR RECOMMENDATION

The above proposals provide reasonable assistance within the Community Support Policy.

COMMITTEE RECOMMENDATION

That the recommendation of the Senior Administration Officer, Tourism and Events be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 25)

Committee Report adopted by Council at its meeting of 16 June 2009 - 108 -

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ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------1.-4. Simon Underwood Please advise the applicants of Council's 19/06/09 decision and initiate any follow up action. ------3. Kym Carr Please note the arrangements for the use of 19/06/09 the mobile stage ------3. Taryn Goos Please note the arrangements for the use of 19/06/09 the park. ------1.-4. Kevin Wruck Please note the assistance arrangements in 19/06/09 the Annual Report. ------4. Anna Betts Please note the budget carry over details. 31/06/09 ------109 -

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Portfolio: ENVIRONMENTAL AND COMMUNITY SERVICES

REPORT TITLE Amend Fees and Charges for the 2009/2010 Financial Year AUTHOR Regional Waste Co-ordinator (Peter Driemel) and Environmental Management Officer (Jason Hudson) - 26 May 2009

PURPOSE OF REPORT

To present and explain variations to recommended fees and charges for the 2009/2010 financial year.

CORPORATE PLAN REFERENCE

Not applicable

BACKGROUND

ISSUES AND RESPONSES

After the recent adoption of Fees and Charges , a review of the new document revealed fee errors and omissions for:

Waste

Toowoomba City (Toowoomba Waste Management Centre - Bedford Street)

1. Mixed General Waste (D) Utility (including 4WD style side utility / tray backs) (H) All other vehicles, including all vehicles with a loaded weight of 3 tonne or greater except as noted above

2. Green Waste (D) Utility (including 4WD style side utility / tray backs) (H) All other vehicles, including all vehicles with a loaded weight of 3 tonne or greater except as noted above

4. Reusable Materials Addition of waste type under this category – “Mixed Inert Re-useable Waste”.

Food Licences - 110 -

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Application for new licence – Existing business

Environmentally Relevant Activities

• Application for amendment. • Application for a continuing registration. • Late payment fee for renewal of registration certificate. • Application for registration certificate if made after 30 business days of the decision notice.

Only the fees detailed below in the recommendation require amendment or inclusion in Council's Schedule.

CONCLUSION

The recommended fees and charges for 2009/2010 for Environmental Health Services Branch have been based on the cost to undertake operational needs at the Toowoomba Waste Management Centre and licence or registration activities under relevant statutes.

RECOMMENDATION

That the Fees and Charges for 2009/2010 for Environmental Health Services Branch, as amended in the table below, be adopted and inserted into the 2009/2010 Fees and Charges Schedule.

Fee Category Curren Amended Amended Amended Amended Basis and t Fee 2009/2010 2009/2010 2009/2010 2009/2010 duration City Fee District Fee City Fee District Fee (Excl. GST) (Excl. GST) (Inc. GST) (Inc. GST) Waste 1./ Mixed $12.00 $5.45 Not Applicable $6.00 Not Applicable General Waste (D) Utility (including 4WD style side utility / tray backs 2./ Green $12.00 $5.45 Not Applicable $6.00 Not Applicable Waste (D) Utility (including 4WD style side utility / tray backs 4./ Reusable - $31.50 Not Applicable $34.65 Not Applicable Additional Materials (B) Category permit uncontaminate waste that can d loads of be screened mixed inert and reused as reusable waste part of landfill (e.g. mixtures operations of soil with concrete and / or bricks) Food Act 2006 Application for $702 $706 Not Applicable $706 Not Applicable - 111 -

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new license - Existing business (B) Level 2 Environmental ly Relevant Activities Application for - $175 $175 $183 $183 Request, under amendment the Integrated Planning Act to do any of the following: • extend currency period for development approval (s 3.5.22); • change development approval, other than changing a condition imposed on the approval (s 3.5.24); • change or cancel condition imposed on development approval (s 3.5.33) Application for - $56 $56 $63 $63 Section 73D continuing (2)(b) (EP Act) registration Late payment - $56 $56 $100 $100 Section 51A fee for renewal (EPR) of registration Application for - $500 $500 $500 $500 Plus Annual registration registration fee certificate if (new) made after 30 business days of the decision notice

REASONS FOR RECOMMENDATION

To permit fees to be charged in compliance with operational and legislated requirements.

COMMITTEE RECOMMENDATION

That the Fees and Charges for 2009/2010 for Environmental Health Services Branch, as amended in the table below, be adopted and inserted into the 2009/2010 Fees and Charges Schedule.

Fee Category Curren Amended Amended Amended Amended Basis and - 112 -

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t Fee 2009/2010 2009/2010 2009/2010 2009/2010 duration City Fee District Fee City Fee District Fee (Excl. GST) (Excl. GST) (Inc. GST) (Inc. GST) Waste 1./ Mixed $12.00 $5.45 Not Applicable $6.00 Not Applicable General Waste (D) Utility (including 4WD style side utility / tray backs 1./ Mixed $60.00 $63.00 $69.30 General Waste (H) All other vehicles, including all vehicles with a loaded weight of 3 tonne or greater except as noted above. 2./ Green Waste $12.00 $5.45 Not Applicable $6.00 Not Applicable (D) Utility (including 4WD style side utility / tray backs 2./ Green Waste $30.00 $31.37 $34.50 (H) All other vehicles, including all vehicles with a loaded weight of 3 tonne or greater except as noted above. 4./ Reusable - $31.50 Not Applicable $34.65 Not Applicable Additional Materials (B) Category permit uncontaminated waste that can be loads of mixed screened and inert reusable reused as part of waste (e.g. landfill operations mixtures of soil with concrete and / or bricks) Food Act 2006 Application for $702 $706 Not Applicable $706 Not Applicable new license - Existing business (B) Level 2 Environmentally Relevant Activities Application for - $175 $175 $183 $183 Request, under amendment the Integrated Planning Act to do any of the following: • extend currency period for development approval (s 3.5.22); • change development - 113 -

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approval, other than changing a condition imposed on the approval (s 3.5.24); • change or cancel condition imposed on development approval (s 3.5.33) Application for - $56 $56 $63 $63 Section 73D continuing (2)(b) (EP Act) registration Late payment - $56 $56 $100 $100 Section 51A fee for renewal (EPR) of registration Application for - $500 $500 $500 $500 Plus Annual registration registration fee certificate if (new) made after 30 business days of the decision notice

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 26)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Peter Driemel Please arrange amendments to be made to 30/06/09 Jason Hudson 2009/2010 Fees and Charges. ------Anna Betts Please note. 30/06/09 ------114 -

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Portfolio: CORPORATE SERVICES

REPORT TITLE Review of Australia Day Committee Structure and Operation AUTHOR Manager, Governance and Administration (Norm Garsden) - 28 April 2009

PURPOSE OF REPORT

The purpose of this report is to review the governance structures that support the Australia Day awards and celebrations within the Toowoomba Regional Council area.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

Council at its meeting of 21 October 2008 (Committee of the Council - 14 and 15 October 2008 - Item 11) resolved to:

• establish an Australia Day Co-ordination Committee;

• establish eight local Australia Day Sub-Committees based on the former Council boundaries;

• define the roles of both the local sub-committees and the regional committee in terms of reference for each committee; and

• award both local (based on the former Council areas) and regional Awards.

The Australia Day Co-ordination Committee has met on four occasions to discuss Australia Day Awards and celebrations within the Toowoomba Regional Council area. Minutes/notes of the meetings are available on request. It needs to be noted that:

• the Australia Day event and award presentation is largely arranged by a number of dedicated volunteers and the success of the celebrations reflect the hard work that they devote to the task;

• the Australia Day events are not static, but continually evolve with fresh concepts and ideas; and

• although Council supports the committees, their activities (including selection of award recipients) are not influenced or directed by the Council. - 115 -

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ISSUES AND RESPONSES

Local Committees

Despite early rain on the morning, local committees appeared to continue their previous high standard of operation in the first event since Council amalgamation, reflecting both the diversity of the area and the commitment of the largely volunteer workforce. The 2009 Australia Day activities saw an increased level of patronage at most events , but particularly in Toowoomba (estimated at +50%), Highfields (estimated at +100%) and Goombungee (estimated at +25%). Only the Hodgson Vale event reported a reduced attendance. District events were conducted variously in the morning, afternoon, night while Toowoomba hosted an all day event.

Co-ordination Committee

The Co-ordination Committee consisted of one member from each local committee and all members appreciated the opportunity to hear and learn from others in terms of Australia Day information, activities and processes. The varied range of Australia Day activities (e.g. the flag raising at Picnic Point; flag making, thong throwing and scarecrow making in Cecil Plains; a separate party marquee for younger people at Goombungee; and the appearance of Colin Campbell (through the Woolworths’ Ambassador Program) and a PowerPoint display of Award winners and their achievements at Pittsworth) reinforce the diverse nature of the Toowoomba Regional Council area. On occasion, meetings of the co-ordination committee saw strong and robust discussion on the differing merits of matters, nonetheless, the benefits of sharing information, activities and processes justify the continued meetings between local committees.

ISSUES

Communities of Interest

A fundamental issue of how Council defines a discrete community , at least for Australia Day purposes, will need to be resolved - should Council retain reference to former Council boundaries or move to some other way to define a community? In a broader context: what are the boundaries of the Council’s (sub) communities of interest and what status, level of service and local recognition will be provided to all or some of those communities.

The issue arose from a suggestion/request that the Crows Nest Australia Day Committee, which currently organises two celebrations (in Crows Nest and Highfields), to form two committees for the 2010 event. The local committee believes that separate committees would best reflect the different communities of interest . It is also noted that a number of other centres operate a shared Australia Day responsibility, some on an alternate basis. The Yarraman Progress Association runs an Australia Day event supported from the Goombungee Service Centre, while Hodgson Vale , Greenmount and Cambooya communities share responsibility for Australia Day in the former Cambooya Shire; Cecil Plains and Millmerran communities share responsibility in the former Millmerran Shire, etc.

One option is to maintain the status quo, and allow the current arrangements in each of the eight former Council areas, but this ignores the Council amalgamation and the fundamental question - why eight? There are more than eight significant communities in the Toowoomba Regional Council area - e.g. the Highfields and Yarraman communities do not support a formally constituted local Australia Day Committee, but are just as big as, or bigger than other communities that do (e.g. Millmerran and Clifton). - 116 -

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A second option would be to allow any community to form an Australia Day Committee to run events and award awards, allowing each area to celebrate in an appropriate local manner, harnessing the enthusiasm and good will of the volunteers with a level of central support and opportunity to share successful strategies. This option, however, could fragment the region, encourage an unsustainable level of activity, increase the complexity of co-ordination and increase requests for Council support.

The third option would be to rationalise the local Australia Day committees to a relative similar population catchment and redefine the boundaries, based on a catchment population of at least 15,000 residents, i.e. combine:

• Clifton, Pittsworth, Millmerran and Greenmount into one area;

• Crows Nest and part of the Goombungee Service districts into another;

• Oakey and the remainder of the Goombungee Service districts into a third;

with Toowoomba continuing as a fourth area.

The following table shows the population serviced and growth rate of each Service Centre to provide some indication of relative capacity of local committees to organise and run Australia Day however , the figures do not show that much of the population distribution of the service centres is concentrated immediately adjacent to the city area. Anecdotal evidence suggests that the removal of shire boundaries and a centralised Citizenship ceremony saw some people living in those areas adjacent to the former 'city' crossing the old boundaries to attend the Toowoomba event and in some cases, in addition to their local event. This highlights the ever reducing relevance of the old boundaries.

Table 1 - population serviced and growth rate of each Service Centre:

Service Centre Population Serviced* Growth Rate Toowoomba 96,226 1.2% Oakey 14,951 2.6% Crows Nest 13,311 6.3% Goombungee 9,154 2.0% Greenmount 6,154 4.0% Pittsworth 5,069 1.3% Millmerran 3,266 1.5% Clifton 2,749 3.5% TRC Area 150,880 **Population Figures and Growth Rate prepared by Planning Information and Forecasting Unit (PIFU) October 2007.

The final more radical option would be to conduct one Toowoomba Regional Council activity that would service the entire regional community. It is noted that some amalgamated Councils have already adopted this practice, while others have continued with arranging events and awards from the existing service centres. Council would be faced with the decision of where the event would be hosted and how all residents would access the event. This option would also send an unwanted and incorrect message of a Toowoomba centric event. - 117 -

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Finance

The Council funding for the various events ranges from $1,000 to $18,000, following submissions to the relevant District Service Centres for inclusion in their budgets. Funding is not based on a population or any comparative needs basis, but historic levels of support. Each local committee and the Co-ordination Committee will be making a budget submission to their local service centre for funding for 2010 under the same arrangements as applied in the past, unless Council makes a decision to the contrary. Council may wish to 'harmonise' these allocations through the budget process over time.

The financial operation of the celebrations is another area that generated considerable debate:

• Some Committees rely solely on Council funding, with others seeking commercial sponsorship to supplement Council’s funding; and

• Some Committees provide free food and drink, with others allowing local community groups (Lions, Scouts, etc) to cater and charge for food and drinks, with the proceeds being reinvested into the community by the local group's activities.

There was no agreement on harmonising or standardisation of funding the events.

Citizenship

It was suggested that the centralisation of the Citizenship ceremony in Toowoomba detracted from the other local ceremonies. It was noted that although each local Australia Day event had previously (prior to amalgamation) featured citizenship ceremonies, the logistics of the Mayor and staff attending each Australia Day event made this practice impractical.

Regional Award

No regional award was presented as the majority of the members of the advisory committee felt that the selection of an ‘overall’ winner from the 8 local winners:

• Was contrary to the spirit and intent of the awards (as it looked beyond local communities);

• Did not foster local community spirit, identity and pride (as it looked beyond local communities);

• May result in a conflict of interest for members on the co-ordination committee; and

• Would result in two recipients each receiving two Australia Day awards (e.g. the regional winner would receive both a regional and local Citizen of the Year or Young Citizen of the Year award).

There was support however for an independent committee to select the Regional Award winners in future years, provided nominations followed a separate, but parallel process.

Australia Day Nomination Forms - 118 -

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The use of non-standardised nomination forms, award categories, deadlines and guidelines caused some confusion for nominators. It is proposed that nomination forms, guidelines, timings will also be standardised to reduce this level of confusion.

Military Fly-over

The military fly-over (by the Oakey Army Aviation Base) on Australia Day is limited to one hour’s flying time. In 2009, the flight path included the Jondaryan, Crows Nest, Highfields and Toowoomba events. The flight path for 2010 will be negotiated with the Army and attempt to include as many other events that can reasonably be included within the constraints set.

Ambassador Program

The local Committees held differing opinions as to whether the Ambassador Program was appropriate and desirable.

Other Governance Issues

With respect to the governance arrangements, the Governance and Administration Branch on behalf of the Co-ordination Committee liaised with the local Australia Day Committees through a District Administration or Community Development Officer. This had mixed results, with some local committees well informed , but others not. It is proposed that future contact be made directly with the local committees, whilst keeping the District Offices informed.

It could also be argued that the celebration of Australia Day excludes a small but important section of the Community - the Indigenous peoples. In an attempt to promote reconciliation, be sensitive to their needs and include them in the celebrations, it has been suggested that:

• a new regional category of “Indigenous Cultural Award” be created;

• events include some indigenous component.

What the Committee agreed:

• Local Committees should retain their autonomy to plan and run their various events;

• Council should determine the number of local committees, but no committee be disbanded without overwhelming community support for the change;

• An independent committee should select the Regional Award (Regional Citizen and Regional Young Citizen of the Year) winners in a separate, but parallel process.

• Representatives from each of the local committees should be given the opportunity to meet to share information and ideas on a regular basis;

• That the Governance and Administration Branch be responsible for:

* Co-ordinating the standardisation of forms, awards and processes associated with the award nominations;

* Establishing the Independent Regional Award Committee; - 119 -

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* Arranging for general publicity for Australia Day Awards and Events;

• Each local committee make a decision on whether to be involved in the Ambassador Program and responsibility for any associated arrangements rest with that committee;

• Each local committee would continue to:

* make budget submissions for their activities to the respective service centres;

* arrange for specific local publicity for local Australia Day events.

CONCLUSION

It is important to retain the local Australia Day celebrations in multiple locations as the day, events and awards belong to our communities, but Council needs to define those communities. Council also has the opportunity to contribute to the spirit of reconciliation and involve the local aboriginal community in the event.

The minor changes proposed to the governance structure and awards system allows each community to celebrate in an appropriate local manner, harnessing the enthusiasm and good-will of local volunteers with a level of central support and opportunity to share successful strategies to maintain recognition of the local community identity.

RECOMMENDATION

1. That Council vary the Terms of Reference for the Toowoomba Regional Council Australia Day Co-ordination Committee to provide for:

• membership to be appointed by the Chief Executive Officer (rather than being representatives from the eight local committees), following a public advertisement;

• the Committee to select the regional award winners and provide the opportunity for local committees to meet on a regular basis to share information and ideas.

2. That the Council contact the elders of the local indigenous groups to gauge their support for the addition of an indigenous regional award.

3. That the Highfields and Yarraman communities be given the opportunity to establish local Australia Day Committees, under the standard Terms of Reference.

4. That representatives from each of the local committees be given the opportunity to meet and share information and ideas on a regular basis in both a formal and informal situation.

5. That the governance structures supporting the Council sponsored Australia Day activities be reviewed on an annual basis, to allow the events and awards to evolve as the needs and wants of the communities change. - 120 -

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REASONS FOR RECOMMENDATION

The proposed changes to Australia Day governance arrangements better match the capacity of the local volunteer committees to Council's objectives.

COMMITTEE RECOMMENDATION

1. That the Terms of Reference for the Toowoomba Regional Council Australia Day Co-ordination Committee be amended by deleting the function of the Committee to decide the regional Australia Day Award winners, based on recommendations from the local Committees.

2. That an independent committee be established for the sole purpose of deciding the regional Australia Day Award winners, with the composition , appointment of members and role of the committee being the subject of a further report to Council .

3. That Council contact the elders of the local indigenous groups to gauge their support for the addition of an indigenous regional award.

4. That the Highfields and Yarraman communities be given the opportunity to establish local Australia Day Committees, under the standard Terms of Reference.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 27)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------1 - 5 Norm Garsden Please take all necessary action to give effect 30/09/09 to the decision. ------121 -

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Portfolio: CORPORATE SERVICES

REPORT TITLE Amendments to Locality Names and Boundaries AUTHOR Manager, Governance and Administration (Norm Garsden) - 20 May 2009

PURPOSE OF REPORT

To seek a delegation to the Chief Executive Officer to consent to any proposal to change a locality name and boundary.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

The Minister for Natural Resources and Water is responsible for allocating locality names and boundaries within the State under the Place Names Act 1994. The location names are used by a range of emergency, postal and telecommunication services to respond to requests for service. From time to time, requests are made to the Department to vary the names or boundaries of localities. This usually arises from a reconfiguration of a lot (subdivision or amalgamation) adjacent to, or straddling an existing locality. It is noted that Council does not usually have a formal role in recommending or determining the naming or boundaries, however the Minister routinely consults with the relevant Local Government as a matter of courtesy, prior to making a determination. It is noted that Council has not previously delegated the responsibility for responding to these requests.

Council considered one such proposal in March 2009 to move a lot from the Spring Bluff locality to Cabarlah. Since then 5 additional requests have been received involving:

• reallocating two lots from Pampas into Brookstead;

• reallocating part of one lot from Umbiram into Southbrook;

• reallocating part of one lot from Wellcamp into Westbrook ;

• reallocating part of one lot from Grassdale into Cecil Plains.

In all these instances, the matter appears to be straight forward, arising as a consequence of the reconfiguring of the lots and the relevant service centre managers offer no objection . - 123 -

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ISSUES AND RESPONSES

The criteria usually applied to determine whether an item is included on Council's agenda are:

• Is there a statutory or legislative requirement for the matter to be considered by Council?

• Is the issue of strategic significance?

• Is the matter politically sensitive?

• Is the matter of such importance that it should become a matter of public record ?

As this issue does not appear to have any legislative requirement , strategic significance, be politically sensitive, or have sufficient importance to be referred to Council, it is considered that decisions would best be made under delegated authority, rather than diverting Council's time from weightier strategic issues.

Section 472 of the Local Government Act 1993 provides that a local government may, by resolution, delegate its powers to the chief executive officer. All delegations made by a Council are recorded in a register of delegations.

CONCLUSION

It is considered appropriate for Council to delegate its powers to consent to the changing of locality names and boundaries to the Chief Executive Officer.

RECOMMENDATION

That pursuant to Section 472 of the Local Government Act 1993, Council delegate the power to consent to alterations of locality names and boundaries to the Chief Executive Officer.

REASONS FOR RECOMMENDATION

The delegation of this decision making power to the Chief Executive Officer is consistent with Council 's practice of formally considering matters where there is a legislative requirement, strategic significance, politically sensitivity or a matter is of such importance that it should become a matter of public record.

COMMITTEE RECOMMENDATION

That the recommendation of the Manager, Governance and Administration be adopted by Council. - 124 -

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COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 28)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Norm Garsden Please note Council's decision. 19/06/09 ------Angela O'Neil Please update Register of Delegations. 30/06/09 ------125 -

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Portfolio: CORPORATE SERVICES

REPORT TITLE Proposed Telstra Tower at Picnic Point - 2A Rowbotham Street, Toowoomba AUTHOR Strategic Property Development Officer (Chris Theodosis) - 28 May 2009

PURPOSE OF REPORT

To consider a request for the replacement of the existing Emergency Services communications tower with a Telstra communications tower.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

Council has for many years leased a small area of its freehold land to the Department of Emergency Services for communications purposes. Current infrastructure on the lease area includes an equipment hut and 30 metre pole. There is no rental charged for this lease which is due to expire on 31 December 2014. The tower and hut are located on the corner of Heller Street and Tourist Road (refer to the plan below).

A letter has been received from United Group Services acting for Telstra requesting permission from Council as landowner to place mobile phone infrastructure to replace the existing structure. The purpose of the request is to facilitate mobile phone reception in the areas on the escarpment where there are a number of blackspots.

ISSUES AND RESPONSES

Infrastructure

Telstra proposes to replace the existing 30 metre pole with a new pole at the same height. It will construct a hut for its own equipment as well as additional equipment for Emergency Services as the current hut is overcrowded. The pole will also include the Emergency Services antennae. It is proposed for the hut to be located adjacent to the existing reservoir tanks (refer to the plan below)

Lease conditions

United Group Services has submitted an offer to lease under the two main heads of lease conditions - - 126 -

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Term: Ten (10) years plus 2 x 10 year options.

Rent: $12,500 per annum with annual rental increases of 3%.

Lease Area: 70-80m2 (subject to final survey).

The lease term and rental is consistent with the other communications leases Council has with Service Providers in the Toowoomba area. The annual rental increases on other leases are set at 5%. Telstra should be advised of this through a counter-offer.

The offer by Telstra is subject to gaining the necessary approval from Council's Development Assessment Branch.

Consultation

Comments were sought from the Manager Parks and Recreation and Manager Water Infrastructure Asset Management who both have no objection to the proposal saying it poses little or no impact on the park and water infrastructure. - 127 -

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TO B R U K M E M O R IA L D R IV E

Proposed new Telstra tower and hut site.

Current tower & hut (under trees)

CONCLUSION

Council currently has a long term lease commitment to the Department of Emergency Services at nil rental. This is an opportunity to gain income from a small area of a Council land asset with no increase on current impact. - 128 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

RECOMMENDATION

1. That Council accept the offer from United Group Services for the lease of approximately 70-80m2 of land located at Picnic Point Park and described as part of Lot 3 on RP101010 subject to the following:

• Annual rental adjustment to be amended from 3% to 5%;

• The final location of the tower and equipment hut are to be to the satisfaction of the Manager Parks and Recreation and Manager Water Infrastructure Asset Management; and

• Town Planning and Building approvals from Council's Development Assessment Branch.

2. That, following approval of all items listed in recommendation 1. above:

(a) The Chief Executive Officer be authorised to sign the necessary documentation to secure the new lease to Telstra and the contemporaneous surrender of the existing lease to the Department of Emergency Services; and

(b) The dismantling of the existing tower and reinstatement of the current lease site be to the satisfaction of the Manager, Parks and Recreation.

REASONS FOR RECOMMENDATION

The current lease is not income producing. The proposal will create income on the land asset, continue to serve the existing community purpose for the Department of Emergency services and provide communication access to blackspot areas on the escarpment.

COMMITTEE RECOMMENDATION

That the recommendation of the Strategic Property Development Officer be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 29)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN - 129 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Rec Action Action Nominated No. Officer Achievement Date ------1. & 2. Chris Theodosis Please implement Council's decision. 20/06/09 ------2. Nick Hauser Please note Council's decision. 20/06/09 ------130 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: CORPORATE SERVICES

REPORT TITLE Australian Local Government Women's Association (Qld) 2009 Conference AUTHOR Co-ordinator, Council Business (Angela O'Neil) - 1 June 2009

The 2009 Australian Local Government Women 's Association (Qld) Conference is being held from 29 to 31 July 2009 with this year 's event being hosted by Toowoomba Regional Council.

Registrations for the Conference close on Friday, 26 June 2009 and the early-bird registration fee is $560 per person. A copy of the Conference Program is attached.

Attendance by Councillors at the above conference is considered to be 'Council business' and 'mandatory professional development' as defined in the Expenses Reimbursement Policy.

RECOMMENDATION

That Councillors wishing to attend the Australian Local Government Women's Association (Qld) 2009 Conference being held in Toowoomba from 29 to 31 July 2009, be authorised to do so.

COMMITTEE RECOMMENDATION

That the recommendation of the Co-ordinator, Council Business be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 30)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date - 131 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

------Claire McGovern Please arrange registration for Councillors 26/06/09 Melissa Zenke wishing to attend. ------132 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: CORPORATE SERVICES

REPORT TITLE Local Government Association of Queensland 2009 Annual Conference - Nomination of Delegates AUTHOR Co-ordinator, Council Business (Angela O'Neil) - 1 June 2009

The 113th Annual Conference of the Local Government Association of Queensland is being held from 24 to 27 August 2009 in Brisbane. Council annually pays a conference levy in conjunction with its membership subscription and this entitles Council to be represented at the Conference by two delegates.

Should Council wish to also send observers to the Conference, a registration fee of $1,100 per person is payable by 6 July 2009. After that date , the registration fee is $1,300. One day registrations only are permitted but this has been limited to 100 on a first-in basis.

A copy of the draft Conference Program is attached.

Attendance by Councillors at the above conference is considered to be 'Council business' and 'mandatory professional development' as defined in the Expenses Reimbursement Policy.

Council is requested to nominate its two delegates for attendance at the Conference.

COMMITTEE RECOMMENDATION

1. That His Worship the Mayor, Councillor Taylor and Councillor Glasheen be Council's delegates at the Local Government Association of Queensland 2009 Conference being held from 24 to 27 August 2009.

2. That other Councillors wishing to attend the Local Government Association of Queensland 2009 Conference as observers be authorised to do so.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 31)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN - 133 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Rec Action Action Nominated No. Officer Achievement Date ------Claire McGovern Please arrange registration for Councillors 06/07/09 Melissa Zenke attending Conference. Chris Hall ------134 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: CORPORATE SERVICES

REPORT TITLE Report of the Audit Committee Meeting of 27 May 2009 AUTHOR Director, Corporate Services (Murray Wright) - 1 June 2009

(a) Attached is a copy of the Report of the Audit Committee Meeting held on 27 May 2009.

(b) The following recommendation from the Report is submitted for Council's consideration:

"3.0 REPORT ON INTERNAL AUDIT SERVICES

That it be recommended to Council that a strategy be developed to address the likely impact on recreation leave and long service leave as a result of the current and future workload of staff as a consequence of the amalgamation and that progress reports on recreation leave issues be submitted to the Audit Committee as appropriate."

COMMITTEE RECOMMENDATION

1. That the report of the Audit Committee Meeting held on 27 May 2009 be received and noted.

2. That Council develop a strategy to address the likely impact on recreation leave and long service leave as a result of the current and future workload of staff as a consequence of the amalgamation and that progress reports on recreation leave issues be submitted to the Audit Committee as appropriate.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 32)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated - 135 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

No. Officer Achievement Date ------2 Murray Wright Please instigate all follow-up action to develop 31/08/09 the strategy. ------2 Murray Wright Please arrange for reports to be submitted to On-going the Audit Committee as appropriate. ------136 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: CORPORATE SERVICES

REPORT TITLE Status of Actions Required from Council Decisions AUTHOR Co-ordinator, Council Business (Angela O'Neil) - 2 June 2009

Item Action Officer Nominated Action Reason for Achievement Non-achievement Date 1 Manager, Water Ongoing Recycled Water Management Plans Project Services That, following the review described in Manager, Water Recommendation 3, further reports outlining Operations measures needed to bring schemes into compliance with the Act and Regulations be submitted for Council's consideration. (Committee of the Council - 10-11/03/09 - Item 18.4) 2 Senior Property 05/08/08 1. That the Mayor and the Chief Executive Officer Planning and and be authorised to hold preliminary discussions Development Services Administration with the owners of the properties of interest to Department are currently Officer Council, as identified in the confidential report having discussions with of the Recreation Development Officer dated 1 the major property owner. July 2008, in relation to the options available for acquiring land for the establishment of a Valuations are currently cycling criterium facility. being carried out. 2. That the outcomes of the preliminary discussions referred to in Recommendation 1 be the subject of a report to a future meeting of the Committee of the Council. (Committee of the Council - 08-09/07/08 - Item 26) 3 Director, 02/12/08 A report be presented to a future meeting of the Environmental Committee of the Council which investigates the and Community feasibility of delegating to the Chief Executive Services Officer the authority to determine applications for the removal of street trees. (Committee of the Council - 14-15/10/08 - Item 35.2) 4 District 27/02/09 That Council seek expressions of interest to lease Seeking expressions of Manager, the medical centre at Kingsthorpe (Kingsthorpe interest is in progress. Goombungee Family Practice) to a private sector operator. Service Centre (Committee of the Council - 11-12/11/08 - Item 11) 5 Manager, 31/03/09 1. That Council approve, in principle, the The applicant has been Development provision of a new road which is partly on advised of Council's "in Assessment - Council-owned land at 371A Stenner, principle support". Urban described as Lot 1 on RP185979 and partly on Applicant is seeking advice the property situated at 857-867 Ruthven from his consultant team Street, Toowoomba and to align with Fay Court with a view to redesigning on the southern side of Stenner Street, his development. Toowoomba. 2. That the Director, Planning and Development Services and/or his delegate, be authorised to negotiate with the applicant to resolve the issues regarding the provision of the new road referred to in Recommendation 1 on terms satisfactory to Council, including entry into an infrastructure agreement establishing the terms of dedication, and the works and contributions required by the developer. - 137 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

3. That Council be advised of developments in relation to the matters referred to in Recommendations 1 and 2. (Committee of the Council - 10-11/02/09 - Item 4.3) 6 Director, 30/04/09 That a report be prepared on - A summary report on Engineering (a) the history of the issues leading to the (a) history of issues leading Services closure of the City Hall Theatre to the public , to closure of the theatre to (b) the current status of those issues , the public, (c) the current condition of the facility , and (b) current status of those (d) the various options available and associated issues and where possible costings to upgrade the Theatre, (c) current condition of the with the view to Council giving consideration to facility, re-opening the facility to the public. is being prepared for the (Committee of the Council - 20-21/01/09 - Item 32.2) Committee of the Council.

A further report on (d) various options available and associated costings to upgrade the theatre, for consideration of re-opening the theatre, is likely to require a specialist consultancy with input from Empire Theatres management (not presently funded). 7 Manager, 24/05/09 That Council develop an Economic Development Economic Strategy along the lines outlined in the report of the Development Manager, Economic Development dated 6 April 2009. (Committee of the Council - 14-15/04/09 - Item 24) 8 Manager, Water 29/05/09 That Council endorse the application of Operations concessional trade waste charges to New Wave Leathers Australia Pty Ltd as per the existing arrangement up until 30 June 2009 and, following receipt and assessment of the proposed revised trade waste improvement program, Council further consider the level of trade waste charges which will apply to New Wave Leathers Australia Pty Ltd . (Committee of the Council - 10-11/02/09 - Item 3) 9 Manager, 31/05/09 2. That Council delegate authority to the Director, Development Planning and Development Services and/or his Assessment - delegate, to negotiate with the Urban appellant/claimant to seek resolution of the Appeal and/or the compensation claim in relation to a Material Change of Use application for property situated at 10-12 Gore Street and 86-92 Neil Street, Toowoomba. 3. That Council be advised of further developments in relation to the matter referred to in Recommendation 2. (Committee of the Council - 10-11/03/09 - Item 4)

COMMITTEE RECOMMENDATION

That the report on the status of actions required from Council decisions be noted. - 138 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 33)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------Angela O'Neil Please continue to follow-up on reports to be On-going submitted for consideration. ------139 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: FINANCIAL AND SPORTING SERVICES

REPORT TITLE Significant Business Activities - Code of Competitive Conduct AUTHOR Manager, Financial Services (Mike Stalley) - 29 May 2009

PURPOSE OF REPORT

To obtain a resolution from Council to enable compliance with National Competition Policy (NCP) requirements for 2009/2010.

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

Toowoomba Regional Council has committed to undertaking a review of its business operations to ensure the effective implementation of NCP reform initiatives.

Under section 547 of the Local Government Act 1993, a local government must assess, as soon as possible after the budget meeting for the year, whether any new type 1 or type 2 business activities have arisen. These are based on the current expenditure for those activities in the preceding financial year.

Under section 546 of the Local Government Act 1993, the Minister must set the “threshold amounts” for current expenditure of that financial year to determine whether an activity is to be identified as a new type 1 or type 2 business activity. The threshold amounts are based on values set at 30 June 1993 adjusted each year for cost of living movements since that date as recorded by the Consumer Price Index.

The threshold amounts for the 2007/2008 financial year are as follows:

(a) For new type 1 activities:

(i) for water and sewerage combined activities - $37,800,000

(ii) for other activities - $22,700,000.

(b) For new type 2 activities:

(i) for water and sewerage combined activities - $11,300,000

(ii) for other activities - $7,600,000.

As in the past, to determine whether an activity is a new type 1 or type 2 business activity for - 140 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______the 2008/2009 financial year, a council must take into account the operating expenses for the 2007/2008 financial year, less any depreciation included therein and any expenditure included therein (to achieve competitive neutrality which is not actually incurred by the local government) plus any loan redemption payments in the 2007/2008 financial year.

The expenditure threshold for business activities known as ‘type 3’ remains $270,000. Calculations for this threshold are based on expenditure including depreciation.

ISSUES AND RESPONSES

Identification of Business Activities

Section 765 of the Local Government Act 1993 states that “a local government must identify its activities that are business activities”.

Activities of Toowoomba Regional Council will be identified as business activities if they trade in goods and services to clients that could potentially be delivered by a private sector firm for the purposes of earning profits in the absence of Council’s involvement. They do not include the non-business, non-profit activities of Council.

Each year, Council is required to identify those activities that are business activities and determine whether competition reforms need to be applied to assist in removing anti-competitive conduct, encourage greater transparency in the operation of such activities and improve the allocation of Council’s limited resources.

The following activities have been identified as business activities in 2008/09:

Type 2

• Water & Wastewater

• Other Roads, including: − Construction & Maintenance − Drainage − Footpaths & Bikeways − Roads

• Private Works

Type 3

• Fleet & Plant Services • Building Certification • Aquatic Facilities • Quarries • Cemeteries • Refuse Collection • Waste Management • Aerodromes • Laboratory Services - 141 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Application of Full Cost Pricing

Section 766 of the Local Government Act 1993 requires that Council “must resolve whether the code of competitive conduct should or should not be applied to each of the business activities for the following year". The section further states that, if the application of the competitive code is not applied to a business activity, then the reasons must be stated.

Application of the Code of Competitive Conduct means that the pricing practices for each business activity need to comply with the principles of full cost pricing such that total revenue, inclusive of identified and measured community service obligations and net of any competitive neutrality adjustments, should cover the following cost elements:

• Operational and resource costs; • Administration and overhead costs; • Depreciation; • Tax and debt equivalents; and • Return on capital.

Type 2 Activities

As Council is not considering commercialisation of these business activities, it is appropriate that these activities be subject to full cost pricing for the 2009/2010 financial year.

Reporting Requirements

In order to comply with the various legislative requirements associated with competition reform, Council’s commitments relating to reform should be accepted via resolution during the budgeting process, while Council’s annual report at the end of each financial year should contain guidelines relating to the identification of business activities and competitive neutrality complaints process along with a statement of activities to which competition reforms apply.

Council’s annual report should contain a list of its activities that are business activities during the financial year, as well as a statement whether the Code of Competitive Conduct is applied or a statement of reasons why the Code is not applied. Should Council resolve the Code should no longer apply to a business activity, a statement of reasons for no longer applying the Code will need to be provided in the annual report.

Competitive Neutrality Complaints Process

Where the Code of Competitive Conduct is applied to a business activity, Section 793 of the Local Government Act 1993 indicates that Council must establish a complaints mechanism to deal with any complaints about whether the activity is being run in accordance with the requirements of the Code. The complaints mechanism is intended to provide both Council and complainants with some degree of certainty about the status and treatment of complaints over competitive neutrality.

A competitive neutrality complaints process exists for all of Council’s nominated business activities. No complaints were received in 2008/2009. - 142 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

CONCLUSION

The application of the code of competitive conduct to significant (Type 2 and 3) business activities, through implementation of full cost pricing principles, will enable compliance with NCP reform requirements of the Local Government Act.

RECOMMENDATION

1. That Council resolve to apply full cost pricing to the following business activities in 2009/2010:

Type 2

• Water & Wastewater

• Other Roads, including: − Construction & Maintenance − Drainage − Footpaths & Bikeways − Roads

• Private Works

Type 3

• Fleet & Plant Services • Building Certification • Aquatic Facilities • Quarries • Cemeteries • Refuse Collection • Waste Management • Aerodromes • Laboratory Services.

2. That Council continue to implement and monitor a competitive neutrality complaints process for all of its nominated business activities and report any complaints received.

REASONS FOR RECOMMENDATION

To enable compliance with NCP reform requirements of the Local Government Act 1993.

COMMITTEE RECOMMENDATION

That the recommendation of the Manager, Financial Services be adopted by Council. - 143 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 34)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------1. and 2. Mike Stalley Please implement Council's decision. 19/06/09 ------144 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: FINANCIAL AND SPORTING SERVICES

REPORT TITLE End of Month Financial Report - April 2009 AUTHOR Principal Accountant - Operational Finance Unit (Anna Betts) - 30 April 2009

Section 528 of the Local Government Act 1993 prescribes that statements must be presented to a meeting of the Council at least on a monthly basis.

The report consists of 3 parts:

• Income Statement (Appendix A attached to the agenda).

• Capital Expenditure Statement (Appendix B attached to the agenda).

• End of Month Variance Report (Appendix C attached to the agenda).

RECOMMENDATION

That the contents of the Financial Report and the Investments Report for April 2009 be noted.

COMMITTEE RECOMMENDATION

That the recommendation of the Principal Accountant - Operational Finance Unit be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 35)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date - 145 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

------No further action required. ------146 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: WHOLE-OF-COUNCIL

REPORT TITLE Progress Report on $1.8M RLCIP Federally Funded Local Infrastructure Projects AUTHOR Executive Management Officer (Paul Currie) - 1 June 2009

PURPOSE OF REPORT

To advise Council of the status of the twenty-one funded projects under the Rural and Local Community Infrastructure Program (RLCIP).

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

$1,819,000 was awarded by the Federal Government to Toowoomba Regional Council in February 2009 to support twenty-one individual infrastructure projects, all due for completion by 30 September 2009. An interim report is required to be sent to the Commonwealth , informing progress as at 31 May 2009. In addition, the Executive Management Officer was charged with updating the Executive Management Team and Council bi-monthly on progress, until completion.

ISSUES AND RESPONSES

CONSULTATION

In preparing this update, advice has been sought from the Project Officers charged with each of the projects, as well as from the Technical Officer, Project Co-ordination, who is maintaining a tracking process in consultation with the Project Officers.

STATUS OF THE RLCIP PROJECTS

Details are provided below. In summary, while a number of projects have had delays in commencement, all are still scheduled to complete by 30 September 2009. On the information available to date, there are no budget changes. The majority of projects have only commenced in the second half of April or later, and many involve design processes and the collection of supply quotes for materials and equipment before work can commence on site.

The Commonwealth has released the format for its 31 May Progress Report, which is to be completed and returned for each of the twenty-one projects individually. The Executive Management Officer, in conjunction with Financial Services and District Services, has - 147 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______completed these and made reasonable estimates on the expenditure expected over coming months.

The 31 May Progress Report was submitted to the Federal Government on 26 May 2009.

Toowoomba Regional Council $1.8M Rural and Local Community Infrastructure Program (RLCIP) Summary of Progress Reports Sent to Federal Government 26 May 2009

Project Expected Progress Notes Finish Date Centenary Park 30/06/09 Design and materials sourcing have been required before playground, Clifton - construction and installation could commence. Meanwhile, additional equipment labour resources have been directed to other urgent jobs. and installation of The design has been finalised. Quotes on equipment and surrounding child materials supply have been sought and successful tenderers proof fence approved. Equipment has been purchased. All-weather bus 30/06/09 The design and location have been confirmed. Materials and shelter, Nobby equipment supply quotes have been called for and the successful suppliers now approved. Some materials have been purchased. Upgrading amenities 31/08/09 Design of the facilities building was required and approval for and power supply at construction was sought. Materials needed to be sourced and Pittsworth ordered. Labour is due to be available from 1 May 2009. Design Showgrounds complete. Approvals sought and received. Materials sourced and orders placed. New park facilities, 31/07/09 Design services availability delayed. Materials and equipment Cooyar needed to be sourced and ordered. Design completed. Quotes sought on equipment and materials. Installation of reuse 30/09/09 Design completed. Water licence amended and development water supply at proposal lodged for bores. Goombungee Sport and Recreation Centre Installation of pathway 31/08/09 Ready to commence. Materials quoted and ordered, but lighting at Lions Park, awaiting availability. Hodgson Vale Chapman Park 30/09/09 Work is well advanced. The driveway has been asphalted and upgrade, Hampton new bollards installed. Equipment has been ordered and the balance of work will be undertaken after the Hampton Food and Wine Festival. Installation of health 31/07/09 The project is being fitted into work schedules with others. trail stations, Back Design is underway and materials being quoted. Labour is Creek Walkway, meanwhile allocated to other urgent priorities. Millmerran Installation of outdoor 30/06/09 Not scheduled to start until 1 June owing to other works, but will fitness equipment be completed in June. Design completed and materials quoted along Elsie Jones on and orders placed. Walkway, Clifton Improvements to 30/09/09 Detailed design not yet available. Surveying under way. Panoramic Walk, Detailed design request awaiting availability of resources. Hodgson Vale - 148 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Construction of 31/08/09 The pathway site needed extensive surveying and then design. pedestrian and cyclist Surveying is completed and design well advanced. pathway at Westbrook Yarraman Memorial 30/08/09 This project is in a sequence with others, and not scheduled to Hall and Community commence until May. Design and materials specifications were Centre upgrade completed, and orders placed. Upgrade existing 30/06/09 This project is scheduled to fit with other RLCIP projects for gazebo/shelter at availability of Council resources. Design work commenced with Memorial Park, assistance of Council's Landscape Architect. Equipment and Toomey Street, materials suppliers were identified to seek quotes. Yarraman Skate Park, Cecil 10/09/09 First steps were community consultation and obtaining quotes on Plains materials and equipment. Community consultation has commenced and equipment suppliers contacted for quotes . Stormwater 31/08/09 Site survey complete. Design underway. harvesting at Rockville Park, Toowoomba Terrace seating, 31/08/09 Design and surveying complete. Earthworks complete. Seating Heritage Oval, materials purchased and delivered. Construction underway. Toowoomba Electrical upgrade, 31/07/09 This project is scheduled along with other RLCIP projects and Jondaryan Woolshed due to start in mid-June. It relies on expert electrical contractors Historical Museum and involves a tendering process. Technical specifications have and Park been completed. Two electrical upgrade quotes have been received and a third is impending. Construction of 30/09/09 This project is being designed in consultation with major user permanent stage in groups and the EPA as Queens Park is heritage listed. Hence public outdoor the consultation, planning and design phase is a large part of the amphitheatre, Queens project timeline. Consultation, planning and design has been Park underway since 1 April 2009. Initial draft plans were completed prior to user consultation meeting due 15 May, following which final draft plans will be completed for submission to EPA. Air-conditioning 30/06/09 Needs analysis and system survey have been undertaken with upgrade, Toowoomba main air-conditioning contractor to determine requirements. Regional Art Gallery Awaiting technical specifications for tender from this company . Construction of 18/08/09 Commencement on site has to be staged with major highway additional carpark at upgrade works adjacent to the park. The initial stage involved Nell E. Robinson design work. Labour and plant resources have meanwhile been Park, Toowoomba directed to other priorities. Design work has been completed and materials assembled. Erection of shade 30/09/09 Location and design of structures is needed before work can structures and seating commence. In addition, the amount of work undertaken in this at five public project will be influenced by any savings in the other twenty cemeteries across the RLCIP projects, so commencement has been deliberately Toowoomba Region scheduled later in the specified period. Preliminary siting and design work has been undertaken. Equipment and materials quotes have been sought.

CONCLUSION

For noting. - 149 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

RECOMMENDATION

That the report of the Executive Management Officer dated 1 June 2009 providing progress in relation to the Rural and Local Community Infrastructure Program be received and noted.

REASONS FOR RECOMMENDATION

COMMITTEE RECOMMENDATION

That the recommendation of the Executive Management Officer be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 36)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement Date ------No further action required from this meeting . ------150 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Portfolio: CORPORATE SERVICES

REPORT TITLE Councillor Briefing Sessions AUTHOR Chief Executive Officer (Ken Gouldthorp) - 1 June 2009

PURPOSE OF REPORT

To respond to Councillors request for further guidance on the conduct of the informal briefing sessions; specifically with reference to the guidelines produced by the Department of Local Government, Sport and Recreation (DLGSR).

CORPORATE PLAN REFERENCE

Not applicable.

BACKGROUND

At the Ordinary Meeting of Council held on 21 April 2009 (Committee of the Council - 14 and 15 April 2009 - Item 41.2), it was resolved:

1. That the Chief Executive Officer provide further guidance on the practical implementation of the guidelines for the conduct of the informal briefing sessions at Council information sessions.

2. That Councillors provide the Chief Executive Officer with any examples of information sessions that have been held, citing specifics, which are of concern to Councillors, within 14 days of the Ordinary Meeting of Council of 21 April 2009.

Several Councillors have subsequently raised this matter in general with the Chief Executive Officer and one has provided a written response with examples.

ISSUES AND RESPONSES

The Guidelines for the Conduct of Informal Briefing Sessions by Local Governments produced in December 2008 by DLGSR have no authority in their own right and were issued as an addendum to the Department's best practice guidelines Making the Most of Meetings. In order to consider "best practice", it is first necessary to consider the guidelines in context of why they were produced and the objective being pursued.

The principle objective of the Local Government Act 1993 (LGA) is to provide a legal framework for an effective, efficient and accountable system of Local Government. As such , it seeks to balance openness and public accountability with good governance and efficiency. It requires all decisions of the elected Council to be made in public, encourages public participation and engagement strategies and mandates public consultation prior to certain decisions being made. It also facilitates effective and efficient service provision through the - 151 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______authority of the Chief Executive Officer and delegations of powers to enable the majority of individual matters to be addressed in accordance with general policy and practices without referral to the full Council.

The current LGA also balanced the need for openness and public accountability by enabling the Council to resolve to close its meetings to discuss and debate matters in certain circumstances. Prior to the current Act, this was facilitated in practice through Committee arrangements and there was no capacity to close Ordinary Meetings.

The principle of briefing sessions is supported both within the corporate sector and local government. Councillors who have recently completed the Australian Institute of Company Directors (AICD) program will be aware that Directors are encouraged to be diligent in their decision making by understanding the matters before them. Briefing sessions provide a practical mechanism for Councillors/Directors to gain a greater depth of understanding on matters that they may ultimately be required to make formal decisions. This is also supported by the guidelines provided by DLGSR which state:

"Briefing Sessions when used correctly provide a valuable opportunity to enhance the decision making process by providing an opportunity for Councillors to ask questions and seek clarification on information prior to Council meetings."

The Guidelines for the Conduct of Informal Briefing Sessions by Local Governments was produced by DLGSR in December 2008 following the review of two small to medium Local Governments within the State. The reviews were initiated following concerns being raised that the Local Governments in question were effectively caucusing outside of meetings to make their decisions and simply rubber stamping matters in formal meetings without explanation or opportunity for debate. This is clearly not the case at Toowoomba Regional Council (TRC).

TRC's meeting practices includes:

1. Matters requiring a decision of Council are presented to a publicly advertised and open (unless closed by specific resolution) Committee Meeting and supported by a written report;

2. A verbal synopsis is usually provided by the relevant Director for the convenience of Councillors and members of the public present;

3. The matter is open to debate;

4. The Committee makes a decision by majority and this becomes a recommendation for forwarding to the full Council;

5. A Committee report is produced and available to the public prior to presentation to an Ordinary Council meeting the following week. It includes both the reports presented to the Committee (other than confidential reports) and all Committee recommendations; and

6. At the Ordinary Meeting of Council any Councillor can request that an item be considered separately so that it may be further debated before a formal Council decision is made.

The above process provides the opportunity for: - 152 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

1. All Council decisions to be debated twice;

2. Public to be present at two meetings before a decision is ultimately made; and

3. Public accessibility to reports (other than reports determined by resolution to be confidential) and advanced notice of the decision proposed to be made prior to the Council formally doing so.

This TRC meeting practice clearly exceeds the public accountability and openness requirements of the LGA.

The guidelines for the conduct of informal briefings by Local Governments produced by DLGSR does not attempt to provide a set of black and white rules to follow. Rather, it identifies practices within briefing sessions that may ultimately provide varying levels of risk for reduced public accountability and openness. As already identified above , meeting practices at TRC provide multiple opportunities for debate, public attendance and public awareness of issues to be considered by Council. This fully mitigates any potential risks identified within the guidelines.

The examples provided to the Chief Executive Officer of specific concerns in respect to behaviour at briefing sessions has not identified any transgressions that adversely impacted on open public debate of an issue. However, they did raise possible misunderstanding of meeting procedure or poor choice of words. For clarity:

1. Councillors have the right to speak to motions at Ordinary/Committee Meetings in accordance with meeting procedures. Any prior discussion during briefing sessions or other forums does not infringe on this right.

2. Decisions of the elected Council can only be made in a Council meeting. Views expressed by Councillors, even consensus views, in a briefing session or other forum are not legally binding, have no authority and cannot be considered a 'decision' of the elected Council.

3. Views expressed by Councillors at briefing sessions do not direct staff in the manner or content of subsequent reports to be provided to Committee or Ordinary Meetings. Staff members may utilise feedback provided at briefing sessions at their discretion. Reports to Council should be unbiased and objective taking into account the Officer's professional knowledge and all information available to them.

4. Providing it is within Council's powers, majority decisions of the elected Council made in public at its meetings supersede any Officer recommendation or views of the individual Councillors and become the binding decision of TRC.

The DLGSR guidelines also state that it "does not consider 'general business' to be best practice and encourages Council to consider implementing alternative strategies ." Briefing sessions assist in informing Councillors and help limit unnecessary general business items. It is intended to put in place a service request system as recommended within the guidelines. Further advice will be provided to Councillors on this matter together with written guidelines as part of the Pathway review and as the Chief Executive Officer completes his initial review of governance practices. - 153 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

CONCLUSION

The Guidelines for the Conduct of Informal Briefing Sessions by Local Governments was produced by DLGSR in December 2008 following examination of briefing session practices at two small to medium sized Local Governments. The examination and subsequent guidelines were initiated due to concern that briefing sessions were being utilised to circumvent openness and accountability objectives within the Local Government Act and reduce decision making at Ordinary Meetings to 'rubber stamping'.

Toowoomba Regional Council's meeting practice provides multiple opportunities for public attendance and public debate. It also provides public access to reports and proposed decisions prior to Ordinary Council meetings at which decisions are ultimately made. Consequently, any risks identified within the guidelines are fully mitigated.

Examples provided following Council's resolution of 21 April 2009 have not raised matters of particular concern other than possible misunderstanding of meeting procedure or poor choice of words. Points one (1) to four (4) above clarifies important key principles.

A Councillor 'Service Request' system will be put in place and further written guidelines provided as part of the Pathways review and as the Chief Executive Officer completes his initial review of Governance practices.

RECOMMENDATION

That the report be noted.

REASONS FOR RECOMMENDATION

COMMITTEE RECOMMENDATION

That the recommendation of the Chief Executive Officer be adopted by Council.

COUNCIL DECISION - 16 JUNE 2009 (Committee of the Council - 9 and 10 June 2009 - Item 37)

Committee Report adopted by Council at its meeting of 16 June 2009

ACTION TO BE TAKEN

Rec Action Action Nominated No. Officer Achievement - 154 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Date ------No further action required. ------155 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

OTHER BUSINESS

No strategic issues were raised for Council's consideration. - 156 -

REPORT OF THE MEETING OF THE COMMITTEE OF THE COUNCIL 9 AND 10 JUNE 2009 ______

Meeting Concluded: 12.45 p.m. on Wednesday, 10 June 2009

...... HIS WORSHIP THE MAYOR, COUNCILLOR P.M. TAYLOR - CHAIRPERSON

...... COUNCILLOR R.P. ANTONIO (PORTFOLIO LEADER, WATER SERVICES)

...... COUNCILLOR W.W. CAHILL (PORTFOLIO LEADER, ENVIRONMENTAL AND COMMUNITY SERVICES)

...... COUNCILLOR A.C. GLASHEEN (PORTFOLIO LEADER, DISTRICT SERVICES)

...... COUNCILLOR P.C.T. MARKS (PORTFOLIO LEADER, PLANNING AND DEVELOPMENT SERVICES)

...... COUNCILLOR J.J. McVEIGH (PORTFOLIO LEADER, CORPORATE SERVICES)

...... COUNCILLOR J. RAMIA (PORTFOLIO LEADER, TOURISM EVENTS AND PARKS SERVICES)

...... COUNCILLOR R.S. SCOTNEY (PORTFOLIO LEADER, CULTURAL HERITAGE AND FACILITIES SERVICES)

...... COUNCILLOR N.L. STROHFELD (PORTFOLIO LEADER, STRATEGIC SERVICES)

...... COUNCILLOR C.E. TAYLOR (PORTFOLIO LEADER, ENGINEERING SERVICES)

...... COUNCILLOR M.A. WILLIAMS (PORTFOLIO LEADER, FINANCIAL AND SPORTING SERVICES)