Original Council Agenda - Southern Downs...

SOUTHERN DOWNS REGIONAL COUNCIL

GENERAL MEETING OF

COUNCIL

MINUTES OF THE GENERAL MEETING OF COUNCIL

Held in the Council Chambers at 61 Marsh Street, Stanthorpe on

Wednesday, 22 September 2010 at 9.03 am

General Meeting of Council - 22 September 2010

WEDNESDAY 22 SEPTEMBER 2010 General Meeting of Council ORDER OF BUSINESS: ITEM PRECIS PAGE

1. PRESENT 4

2. APOLOGIES 43. CONDOLENCES 43.1 Condolences 44. READING AND CONFIRMATION OF MINUTES 4DECLARATION OF CONFLICTS OF INTERESTS 45. RESUMPTION OF DEBATE ON MOTIONS OR ORDERS OF THE DAY

LAPSED AT PREVIOUS MEETINGS 5

6. READING AND CONSIDERATION OF CORRESPONDENCE 56.1.1 Response to Treasurer and Minister for Employment and Economic

Development 5

6.1.2 Col Rush / James Hardie Study Award 2010 56.1 Correspondence Received for the Period Ending 16 September

2010 6

7. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS 68. PLANNING AND ENVIRONMENT COMMITTEE REPORTS 78.2 Operational Works - The Ugg Boot Lady, 403 Kerridges Road, Glen

Aplin 7

8.1 Application for Liquor Licences 108.3 Application for Approval to Perform Waste Management Works 109. COMMUNITY SERVICES COMMITTEE REPORTS 159.1 Director of Community Services Report 159.3 Community Grants and Donations 159.3.11 Allora High Tea Fundraising Committee- Donation 169.3.2 Killarney Amateur Swimming Club - Donation 179.3.3 Peace Festival - Donation 179.3.4 St Mark's Women's Guild, St Mark's Anglican Church - Donation 189.3.5 The Scout Association of Australia Qld Branch - Donation 189.3.6 Stanthorpe Regional Art Gallery - Donation 199.2 Stanthorpe Community Safety Advisory Group - Update 199.4 Council's Position on 7 Day Trading 209.5 Receipt of 7 Day Trading Submission by McConaghy Group Pty Ltd 209.6 Request for Private Cemetery 2410. ENGINEERING SERVICES COMMITTEE REPORTS 2410.1 Monthly Report of the Engineering Services Directorate 2410.2 Leslie Park Toilets 2410.3 Request to Improve Parklands: McKillop Lane, Stanthorpe 25

General Meeting of Council - 22 September 2010

ITEM PRECIS PAGE

10.4 Request for Approval in Principle for Historic Signage: Wallangarra 2510.5 Capital Works Program for Financial Year 2010-2011 2610.6 Approval Request to Resume Easement for Stormwater Purposes:

Gordon Court, Warwick 26

11. CORPORATE SERVICES COMMITTEE REPORTS 2711.5 Fees & Charges - Warwick Saleyards 2711.7 Water Consumption Rates Relief 2711.1 Expiry of a Freehold Licence over Part of Lot 1 RP153771, 1 Tooth

Street, Warwick 28

11.2 Privacy Policy 2811.3 2011 Show Holidays 2911.4 Proposed Lease of Council Land - Lot 1 RP184523, Wentworth

Street, Warwick 29

11.6 Study Assistance Application 3011.9 Resolve Issues re Council Owned Land 3011.10 Proposed Sale of Council Land 3012. REPORTS OF DEPUTATIONS CONFERENCES ETC. 3112.1 Report of Conference Attendance 3113. REPORTS FROM DELEGATES APPOINTED BY THE COUNCIL TO

OTHER BODIES 32

13.1 Endorsement as Representative of Border Rivers Catchment Management Association to Queensland Murray Darling Association

32

13.1 Reports by Delegates Appointed by Council to Other Bodies 3214. OFFICER’S REPORTS 3314.1 Mayor and Councillors Jury Service 3315. NOTICE OF MOTION 3416. GENERAL BUSINESS 3416.1 Killarney Biodiversity Weekend 34Meeting in Camera 34Meeting out of Camera 3517. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS 3517.1 Eden Gardens Memorial Cemetery CONFIDENTIAL 3517.2 Local Government Health Plan CONFIDENTIAL 3511.8 Request for Rates Relief 3617.3 Stanthorpe Chamber of Commerce 36MEETING CLOSURE 40

40

1. PRESENT

Present: Crs Bellingham (Chair), Bartley, Blundell, Gow, Ingram, McMurtrie, McNally, Meiklejohn and Pennisi.

In Attendance: Rod Ferguson (Chief Executive Officer), Andrew Ireland (Director Corporate Services), Chris Loveday (Acting Director Engineering Services), Ken Harris (Director Planning & Environment), Tony Minuti (Director Community Services), Marion Seymour (Minute Secretary)

2. APOLOGIES

Nil.

3. CONDOLENCES

3.1 Condolences

Recommendation

THAT the report of the Chief Executive Officer dated 15 September 2010 in relation to Condolences be received. Resolved

4. READING AND CONFIRMATION OF MINUTES

Moved Cr M McMurtrie Seconded Cr D Ingram. THAT the minutes of the General Council Meeting held on 25 August 2010 be adopted.

Carried

DECLARATION OF CONFLICTS OF INTERESTS

Item No

Item Precis Nature of Conflict Councillor Intends to Remain/Leave Meeting

Attendance by Scouts Qld Cr Meiklejohn is a Scout Leader

N Meiklejohn Remain

11.7 Water Consumption Rates Relief

Cr Pennisi is related to the property owner

V Pennisi Leave

General Meeting of Council - 4

5. RESUMPTION OF DEBATE ON MOTIONS OR ORDERS OF THE DAY LAPSED AT PREVIOUS MEETINGS

Nil.

6. READING AND CONSIDERATION OF CORRESPONDENCE

6.1.1 Response to Treasurer and Minister for Employment and Economic Development

Recommendation

THAT Council respond to the letter from the Treasurer and Minister for Employment and Economic Development in relation to the Regional First Home Owner Grant, in particular the reference to local governments providing rate discounts or rate holidays for new homes. Council advise the Minister it takes offence to the suggestion of providing possible rate discounts or rate holidays as it shows an extreme lack of understanding and sensitivity to the challenges currently facing Council following forced amalgamation and associated issues such as the difficulty of unifying rating systems across the region.

Resolution

Moved Cr P Blundell Seconded Cr M McMurtrie.

Carried

6.1.2 Col Rush / James Hardie Study Award 2010

Recommendation

THAT Council send a letter of congratulations to Brian Weeks on his achievement in receiving the Col Rush / James Hardie Study Award 2010 and inviting Brian to join Council for morning tea at the October General Council Meeting.

Resolution

Moved Cr V Pennisi Seconded Cr D Ingram.

Carried


6.1 Correspondence Received for the Period Ending 16 September 2010

Recommendation

THAT the report of the Chief Executive Officer dated 15 September 2010 in relation to Correspondence be received. Resolution Moved Cr P Blundell Seconded Cr M McMurtrie.

Carried

7. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS

Nil. It should be noted that in relation to recommendations from the various Council Committees, while individual resolutions are noted in the General Meeting Minutes the procedure used is to move one resolution for the whole of each committee’s recommendations to the General Meeting, except for any recommendations that are requested by an elected member to be dealt with separately.


8. PLANNING AND ENVIRONMENT COMMITTEE REPORTS

8.2 Operational Works - The Ugg Boot Lady, 403 Kerridges Road, Glen Aplin Recommendation THAT the report of the Manager Planning Services dated 8 September 2010 in relation to Operational Works – The Ugg Boot Lady, 403 Kerridges Road, Glen Aplin be received and that Council approve the application for Operational Works for an Advertising Device (The Big Ugg Boot) on land at 403 Kerridges Road, Glen Aplin, described as Lot 377 RP12383, Parish of Broadwater, County of Bentinck in accordance with the following conditions:

Schedule 1 – Southern Downs Regional Council Conditions 1. The development of the site is to be generally in accordance with the proposal plans

submitted with the application, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.

2. The Advertising Device shall be a maximum size of 6.0 metres in height and 4.44 metres width.

3. The applicant is to obtain building approval for the Advertising Device prior to the erection of the Advertising Device. The building plans are to accord with the plans approved in this approval. The structure is to be constructed in accordance with the approved building plans prior to the commencement of the use.

4. Prior to Building Approval being issued for the Advertising Device, a Request to Change an Existing Approval is to be submitted to Council to change the existing Development Permit dated 24 November 2005 for a Shop on land described as Lots 376 & 377 RP12383 and Lot 1 RP64112. The Request to Change an Existing Approval is to allow Council to consider the use of the existing building on the land in lieu of the approved design, and to allow the increase in floor area to match the existing floor area.

5. Prior to Building Approval being issued for the Advertising Device, a Request to Change an Existing Approval is to be submitted to Council to change the existing Development Permit dated 16 March 2006 for building Approval for a “Temporary Shop” on land described as Lots 376 & 377 RP12383 and Lot 1 RP64112. The Request to Change an Existing Approval is to allow Council to consider a change to the conditions of approval which currently state:

This temporary building is approved for use as a shop for a maximum period of 12 months.

6. Prior to Building Approval being issued for the Advertising Device, Building Approvals are to be obtained for ALL buildings on the site in accordance with the Sustainable Planning Act 2009. Building works and modification of the existing building may be required to be undertaken as part of the approval so as to accord with the requirements of the Building Act 1975. Final inspections are to be conducted and a Form 11 (Certificate of Classification) issued for each building.

7. All Advertising Devices relating to “The Ugg Boot Lady” are to be removed from the adjoining land, Lot 4 RP66595.

8. No Advertising Devices relating to “The Ugg Boot Lady” are to be located within the road reserve.


9. The Advertising Device is to be maintained in good repair and sightly appearance. If the Advertising Device is not maintained in a satisfactory state of repair the Advertising Device will be considered abandoned and a new development approval would be required prior to the use of the Advertising Device recommencing.

10. Any proposal to illuminate the Advertising Device will require an application to be made to Council to modify the conditions of this approval. Any application will be assessed on the impact the illumination of the sign will have upon traffic and the surrounding area.

11. The advertisement must not cause any nuisance or any significant obstruction of, or distraction to, vehicular or pedestrian traffic.

12. Upon cessation of the business or activity to which the advertisement refers, the Advertising Device must be removed and the site made good within 30 days of the last day the business or activity operated.

13. In carrying out the development, all reasonable and practicable measures must be taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The cultural heritage duty of care is met if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.derm.qld.gov.au

14. In accordance with the Sustainable Planning Act 2009, unless otherwise stated this approval will lapse two years from the day the approval takes effect unless the first change of use under the approval happens within the relevant period.

Schedule 2 - Department of Transport & Main Roads Conditions


http://www.derm.qld.gov.au/

Resolution Moved Cr V Pennisi Seconded Cr M McMurtrie.

Carried


8.1 Application for Liquor Licences Recommendation THAT the report of the Manager Planning Services dated 16 August 2010 in relation to Application for Liquor Licence be received and:

A. THAT Council offer no objection to the granting of the application for a Detached Bottle Shop at 180 Wood Street, Warwick, by Glenhaven Holding (QLD) Pty Ltd trading as Warwick Hotel, subject to compliance with the conditions of the Negotiated Decision Notice dated 3 July 2008 for a Service Station and Shops on this land, including:

• The floor area of the Bottle Shop to be generally 119m2; and

• The Bottle Shop operating only between the hours of 10.00am and 9.00pm. B. THAT Council offer no objection to the granting of a Community Other Licence to the

Leyburn Sub-Branch RSL Inc. relating to 8 Warwick Street, Leyburn, subject to compliance with the conditions of the Development Permit dated 25 May 2006 for a Community Use (Museum and Ancillary Meeting and Function Uses) on this land, including:

• The development shall generally operate only between the hours of 8.00am and 7.00pm.

Resolution Moved Cr N Meiklejohn Seconded Cr P Blundell.

Carried

8.3 Application for Approval to Perform Waste Management Works

Recommendation

THAT the report of the Manager Environmental Services dated 13 September 2010 in relation to Application to perform waste management works be received and that Council approves the application subject to the following conditions.


Resolution Moved Cr N Meiklejohn Seconded Cr P Blundell.

Carried


9. COMMUNITY SERVICES COMMITTEE REPORTS

9.1 Director of Community Services Report Cr C Gow declared a conflict of interest in the Citroen Car Club matter as he is President of the Stanthorpe Agricultural Society and left the room for discussion and vote on this matter.

Recommendation

THAT the report of the Director Community Services dated 6 September 2010 in relation to monthly operations of the Department of Community Services be received and that:- 1. The Mayor facilitate a meeting with the Citroen Car Club, Stanthorpe Agricultural

Society, Southern Downs & Granite Belt Regional Tourism, Warwick Tourism & Events and Granite Belt Wine & Tourism to discuss assistance for the event in Easter 2011.

2. Council be provided with information regarding assistance that had been provided in

the past to similar groups and events. Resolution Moved Cr P Blundell Seconded Cr D Ingram.

Carried Cr Gow rejoined the meeting.

9.3 Community Grants and Donations The Mayor and Cr Meiklejohn declared a conflict of interest as members of the Warwick Chamber of Commerce and sought advice from Councillors regarding remaining or leaving the meeting. As no objections were offered by Councillors the Mayor and Cr Meiklejohn remained in the meeting for discussion and vote.

Recommendation

That the report of the Manager Community Development and Community Development Officer dated 6 September 2010 in relation to Community Grants and Donations be received and that Council approve a donation to the Warwick Chamber of Commerce and the Stanthorpe Chamber of Commerce in the amount of $2000.00 for the 2010/2011 financial year. Each Chamber be requested to provide annual audited financial statements for Council's information, and an indication as to how the Council funds are utilised. Resolution Moved Cr P Blundell Seconded Cr D Ingram.

Carried The Mayor and Cr Meiklejohn voted for the motion.


9.3.11 Allora High Tea Fundraising Committee- Donation

Recommendation

THAT the report of the Manager Community Development and Community Development Officer dated 6 September 2010 in relation to Community Grants and Donations be received and Council provide a cash donation of $150.00 towards the cost of hiring chairs for the 2010 Allora High Tea Fundraiser.

Resolution

Moved Cr P Blundell Seconded Cr D Ingram.

Carried 10.22am Maurice Law – Chief Commissioner of Scouts Qld, Cameron Stanley – Chief

Commissioner Aide de Camp, Robyn Devine – Branch Commissioner Cub Scouts, and John Mills – Cuboree Camp Chief thanked Council for its support for the Inaugural Cuboree 2010.

The Mayor acknowledged the presentation to Cr McMurtrie at the LGAQ Annual Conference of her 15 Years Service Certificate and congratulated Cr McMurtrie for her service to the community. Council officers Mike McAuliffe, Catherine Fitzgerald, Chris Gray, Rose Coburn and John Newley attended the meeting for the presentation of the Queensland Tidy Towns Award that Stanthorpe had recently received. Cr Blundell acknowledged the work of the staff, in particular Tracy Vellacott and Yolande Alley in compiling the booklet for the Tidy Towns Award judging. The meeting adjourned for Morning Tea at 10.37am and reconvened at 11.11am at which time were present Crs Bellingham, Bartley, Blundell, Gow, Ingram, McMurtrie, McNally, Meiklejohn and Pennisi. 11.13am The Mayor left the meeting and the Deputy Mayor took the chair. 11.15am The Mayor rejoined the meeting and resumed the chair.


9.3.2 Killarney Amateur Swimming Club - Donation Cr Meiklejohn declared an interest in the discussions due to his role as Patron of the Warwick Swimming Club. Cr Meiklejohn remained in the room for discussion and vote.

Recommendation

THAT the report of the Manager Community Development and Community Development Officer dated 6 September 2010 in relation to Community Grants and Donations be received and that:- 1. Council approve a donation of $600.00 to the Killarney Amateur Swimming Club. 2. Council consider how similar swimming club expenses may be included in future

swimming pool leases. 3. That a report be prepared for Council on arrangements with all sporting clubs.

Resolution

Moved Cr N Meiklejohn Seconded Cr M McMurtrie.

Carried Cr Meiklejohn voted for the motion.

9.3.3 Peace Festival - Donation

Recommendation

THAT THAT the report of the Manager Community Development and Community Development Officer dated 6 September 2010 in relation to Community Grants and Donations be received and that Council approve in-kind support to the Peace Festival to the value of $7000.00 for the 2011 Peace Festival in Warwick.

Resolution

Moved Cr N Meiklejohn Seconded Cr P Blundell.

Carried


9.3.4 St Mark's Women's Guild, St Mark's Anglican Church - Donation

Recommendation

THAT the report of the Manager Community Development and Community Development Officer dated 6 September 2010 in relation to Community Grants and Donations be received and that Council approve a donation of $50.00 for sponsorship prize money for the Annual Rose Festival.

Resolution


Carried

9.3.5 The Scout Association of Australia Qld Branch - Donation Cr Meiklejohn declared an interest due to his involvement with the Scout Association, and Cr Gow declared an interest due to his position as President of the Stanthorpe Agricultural Society. Cr Meiklejohn and Cr Gow left the meeting for discussion and vote.

Recommendation

THAT the report of the Manager Community Development and Community Development Officer dated 6 September 2010 in relation to Community Grants and Donations be received and that Council approve in-kind support of $4930.00 towards plant and equipment and $2000.00 contribution to rubbish and waste management costs for Scouts Qld 2010 Cuboree.

Resolution

Moved Cr P Blundell Seconded Cr V Pennisi.

Carried Crs Meiklejohn and Gow rejoined the meeting.


9.3.6 Stanthorpe Regional Art Gallery - Donation Cr McMurtrie & Cr Gow declared their interests as Council representatives on the Stanthorpe Art Gallery Committee. Crs McMurtrie & Gow remained in the meeting for discussion and vote.

Recommendation

THAT the report of the Manager Community Development and Community Development Officer dated 6 September 2010 in relation to Community Grants and Donations be received and that Council approve the fee relief for the hire of the Stanthorpe Civic Centre Supper Room for 10 days in December for the Crisps Art Expo, noting that the Expo would normally be held in the Art Gallery and that the event is recognised as Council supported event.

Resolution

Moved Cr N Meiklejohn Seconded Cr P Blundell.

Carried Crs McMurtrie and Gow voted for the motion.

9.2 Stanthorpe Community Safety Advisory Group - Update

Recommendation

THAT the report of the Manager Community Development dated 6 September 2010 in relation to the Stanthorpe Community Safety Advisory Group Update be received and 1. That Council endorse the membership of the group as follows:

Mark Ireland Queensland Police Bob Knight St Joseph’s High School Sarah Ellis Queensland Police (Warwick) Denise Ingram Councillor SDRC Peter Walters Retired Robert Johnson Commercial Hotel Memo Mattiazzi Central Hotel John Mahoney CDS Family Support Rebecca Schroder CDS Youth Worker Peter Grant Stanthorpe State High School Therese Crisp Granite Belt Support Services Amy Keith Young Delegate SDRC Lilly Patterson Young Delegate SDRC Sheila Stebbings SDRC

2. That, under Section 257(d) of the Local Government Act 2009, delegated authority be given to the Chairperson of the Community Services Committee to approve any alterations to the membership of the Stanthorpe Community Safety Advisory Group, in the future.


3. That an invitation be forwarded to the Stanthorpe Chamber of Commerce to join the

Group. Resolution Moved Cr D Ingram Seconded Cr R Bartley.

Carried

9.4 Council's Position on 7 Day Trading Cr P Blundell requested that Council take a position on the matter of 7 Day Trading as Council holds a key position in the Queensland Industrial Relations Commission’s determination of whether to permit 7 Day Trading.

Recommendation

Further to the resolution of Council on 25 August 2010 in relation to 7 Day Trading: 1. Council’s position is that it is against 7 Day Trading based on the research that has

been conducted; and 2. That Council forwards a second submission to the Queensland Industrial Relations

Commission; and 3. That the Mayor advise the Queensland Industrial Relations Commission at the hearing

that Council has passed a second resolution that it is against 7 Day Trading. Resolution Moved Cr D Ingram Seconded Cr R Bartley.

Carried

9.5 Receipt of 7 Day Trading Submission by McConaghy Group Pty Ltd A letter from McConaghy Group Pty Ltd dated 27 July 2010 in relation to 7 Day Trading, which had previously been forwarded by email to Councillors, was tabled.

Recommendation

THAT the letter from McConaghy Group Pty Ltd dated 27 July 2010 in relation to 7 Day Trading be received. Resolution Moved Cr D Ingram Seconded Cr R Bartley.

Carried Attachment 1. Letter from McConaghy Group Pty Ltd


9.6 Request for Private Cemetery

Recommendation

THAT the report of the Manager of Facilities & Recreational Development in relation to a request for permission to install a private cemetery on freehold property be received and that Council do not approve the request at this time and that the matter be reviewed upon adoption of the new local laws applying to Southern Downs Regional Council. Resolution Moved Cr D Ingram Seconded Cr R Bartley.

Carried

10. ENGINEERING SERVICES COMMITTEE REPORTS

10.1 Monthly Report of the Engineering Services Directorate

Recommendation

THAT the report of the Director of Engineering Services dated 7 September 2010 in relation to the Monthly Report of the Engineering Services Directorate be received and that to extend the life of the Allora streets trees on the corner of Herbert Street and Drayton Street, Council approval be granted for the trees to be Pollarded with the removal of 20% of the head wood, that the epicormic growth be managed, the landfill gardens at the base of the trees be removed to expose root flare and dead wood be removed from the trees. Resolution Moved Cr R Bartley Seconded Cr M McMurtrie.

Carried

10.2 Leslie Park Toilets

Recommendation

THAT the report of the Parks Coordinator dated 27 August 2010 in relation to Leslie Park toilets be received and that Council agree to the replacement toilet block in Leslie Park being situated on the Guy Street side of the park, adjacent to the playground. Resolution Moved Cr R Bartley Seconded Cr M McMurtrie.

Carried


10.3 Request to Improve Parklands: McKillop Lane, Stanthorpe

Recommendation

THAT the report of the Director of Engineering Services dated 6 September 2010 in relation to the Request to Improve Parklands: McKillop Lane, Stanthorpe be received and that Council

1. clear loose rocks and boulders immediately behind lot 465 RP896223 to allow the reserve for park to be maintained by neighbours,

2. refer desilting of the creek to the River Trust for consideration of any works which River Trust may be able to undertake,

3. refer to the Applethorpe Rural Fire Brigade for consideration for burn off of the area as part of the Rural Fire Brigade management of the area and

4. would only review changes to the status of the reserve for park in conjunction with a strategic park development review for the region and the park would currently remain as bushland.

Resolution Moved Cr R Bartley Seconded Cr M McMurtrie.

Carried

10.4 Request for Approval in Principle for Historic Signage: Wallangarra

Recommendation

THAT the report of the Director of Engineering Services dated 6 September 2010 in relation to the Request for Approval in Principle for Historic Signage: Wallangarra be received and that Council support, in principle, the concept of an historical display board and historical walk and that such support be subject to future budget deliberations. Resolution Moved Cr R Bartley Seconded Cr M McMurtrie.

Carried


10.5 Capital Works Program for Financial Year 2010-2011

Recommendation

THAT the report of the Principal Engineer Construction dated 1 September 2010 in relation to Capital Works Program for Financial Year 2010-2011 be received and that Council endorse the revised program which swaps the commencement date of the Stanthorpe Disabled Car Park Upgrade with Railway Street Kerb and Channel Replacement. Resolution Moved Cr R Bartley Seconded Cr M McMurtrie.

Carried

10.6 Approval Request to Resume Easement for Stormwater Purposes: Gordon Court, Warwick

Recommendation

THAT the Confidential report of the Director of Engineering Services dated 16 August 2010 in relation to Approval Request to Resume Easement for Stormwater Purposes: Gordon Court, Warwick be received and that Council resolves to proceed with the compulsory acquisition of part of

• Lot 4 RP852212 • Lot 3 RP852212 • Lot 1 RP852212

for stormwater drainage purposes. Resolution Moved Cr R Bartley Seconded Cr M McMurtrie.

Carried 12.13pm Cr V Pennisi left the meeting. 12.150m Cr V Pennisi rejoined the meeting.


11. CORPORATE SERVICES COMMITTEE REPORTS

11.5 Fees & Charges - Warwick Saleyards

Recommendation

THAT the report of the Manager Finance dated 30 August 2010 in relation to Fees & Charges - Warwick Saleyards be received and that Council amends the 2010/2011 Schedule of Fees and Charges to reflect the following fees:

Holding Fees Cattle – (applicable after Thursday following sale)

Less than 25 head - $20 per day. Between 26 and 50 head - $40 per day Between 51 and 75 head - $60 per day Between 76 and 100 head - $80 per day

Sheep – per head/day (applicable after Friday following the sale). $0.15 Resolution Moved Cr P Blundell Seconded Cr M McMurtrie.

Carried

11.7 Water Consumption Rates Relief Cr Pennisi declared a conflict of interest did not participate in the vote on this motion.

Recommendation

THAT the Confidential report of the Revenue & Systems Coordinator dated 6 September 2010 in relation to Water Consumption Rates Relief be received and that Council not offer relief for property number 93275, as unique or unusual circumstances have not been proven in line with Council's Relief from Excess Water Charges Policy. Resolution Moved Cr P Blundell Seconded Cr N Meiklejohn.

Carried


11.1 Expiry of a Freehold Licence over Part of Lot 1 RP153771, 1 Tooth Street, Warwick

Recommendation

THAT the report of the Risk & Property Officer dated 6 September 2010 in relation to Expiry of a Freehold Licence over Part of Lot 1 RP153771, 1 Tooth Street, Warwick be received and that Council approves the issue of a new three year Freehold License to Warwick Community Training Centre Inc. (operating as Warwick Supported Employment). Resolution Moved Cr M McMurtrie Seconded Cr D Ingram.

Carried

11.2 Privacy Policy

Recommendation

THAT the report of the Governance Officer dated 3 September 2010 in relation to Privacy Policy be received and that the Privacy Policy lay on the table for consideration for adoption at the October round of meetings. Resolution Moved Cr M McMurtrie Seconded Cr D Ingram.

Carried


11.3 2011 Show Holidays Cr Gow declared an interest in this item in his role as President of the Stanthorpe Show Society. Cr Gow remained in the room for the discussion.

Recommendation

THAT the report of the PA to Director Corporate Services dated 2 September 2010 in relation to 2011 Show Holidays be received, and that a letter be forwarded to the Attorney General and Minister for Industrial Relations nominating the following show holidays for 2011: Friday, 28 January 2011 a holiday for the area of the former Stanthorpe Shire and the

area of the village of Dalveen for the purpose of the Stanthorpe Annual Show.

Friday, 4 February 2011 a holiday for the area of the former Warwick Shire Division 1,

for the purpose of the Allora Annual Show. Friday, 18 February 2011 a holiday for the area of the former Warwick Shire Division 3

(excluding the urban area of Warwick City and the locality of Murray's Bridge), for the purpose of the Killarney Annual Show.

Friday, 25 March 2011 a holiday for the area of the former Warwick Shire Division 2,

Division 3 (being the urban area of Warwick City and the locality of Murray's Bridge), Division 4 (excluding the village of Dalveen), Division 5 and Division 6 for the purpose of the Warwick Annual Show

Resolution Moved Cr M McMurtrie Seconded Cr D Ingram.

Carried

11.4 Proposed Lease of Council Land - Lot 1 RP184523, Wentworth Street, Warwick

Recommendation

THAT the report of the Risk & Property Coordinator dated 6 September 2010 in relation to Proposed Lease of Council Land be received and that Council advise the applicant that it does not wish to lease the land for the purposes stated in the report. Resolution Moved Cr M McMurtrie Seconded Cr D Ingram.

Carried


11.6 Study Assistance Application

Recommendation

THAT the Confidential report of the Manager Human Resources dated 2 September 2010 in relation to Study Assistance Application be received and that Council approve the application for Category 2 Study Assistance. Resolution Moved Cr M McMurtrie Seconded Cr D Ingram.

Carried

11.9 Resolve Issues re Council Owned Land

Recommendation

THAT the Confidential report of the Risk & Property Coordinator dated 6 September 2010 in relation to Resolve Issues re Council Owned Land be received and that Council: 1. Engages the services of the appropriate organisations to remove the land from the

Environmental Management Register. 2. Offer the land for sale by public tender provided there are no decontamination issues to

be resolved. Resolution Moved Cr M McMurtrie Seconded Cr D Ingram.

Carried

11.10 Proposed Sale of Council Land

Recommendation

THAT the Confidential report of the Risk & Property Coordinator dated 3 September 2010 in relation to Proposed Sale of Council Land be received and that Council: 1. Resolves to dispose of the land in its present condition to the owner of the adjoining

property subject to:

a. Ministerial approval being granted under, section 185(1)(e) of the Local Government (Finance, Plans and Reporting) Regulation 2010; and

b. Agreement between Council and the owner of the adjoining property on a suitable purchase price and conditions of sale; and

c. The land being amalgamated with the adjoining property.


2. Grants delegated authority to the Chief Executive Officer to commence contract negotiations in accordance with the above, following an independent valuation of the Council land.

Resolution Moved Cr M McMurtrie Seconded Cr D Ingram.

Carried Cr Pennisi rejoined the meeting.

12. REPORTS OF DEPUTATIONS CONFERENCES ETC.

12.1 Report of Conference Attendance The Mayor and Cr Blundell provided verbal reports on their attendance at the LGAQ Annual Conference held recently in Mackay.

Recommendation

THAT the verbal reports of the Mayor and Cr Blundell be received.

Resolution

Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried


13. REPORTS FROM DELEGATES APPOINTED BY THE COUNCIL TO OTHER BODIES

13.1 Endorsement as Representative of Border Rivers Catchment Management Association to Queensland Murray Darling Association

Cr Blundell declared a conflict of interest due to his role as Chair of the Queensland Murray Darling Association. Cr Blundell remained in the meeting for discussion and vote.

Recommendation

THAT Council endorse the appointment of Cr Pennisi as the Border Rivers Catchment Management Association’s representative to the Queensland Murray Darling Association.

Resolution

Moved Cr P Blundell Seconded Cr M McMurtrie.

Carried Cr Blundell voted for the motion.

13.1 Reports by Delegates Appointed by Council to Other Bodies

Councillors provided verbal reports as delegates appointed by Council to other bodies.

Recommendation

THAT the following verbal reports be received. 1. Cr Pennisi – Border Rivers Management Catchment Association meeting held on 21

September 2010. 2. Cr Pennisi – Regional Development Association meeting to be held on 24 September

2010 noting the upcoming release of the Regional Road Map. 3. Cr Meiklejohn – Southern Downs Granite Belt Regional Tourism Association Inc AGM

and advising of changes to the Board.

Resolution

Moved Cr M McMurtrie Seconded Cr R Bartley.

Carried


14. OFFICER’S REPORTS

14.1 Mayor and Councillors Jury Service

Recommendation

THAT the Report of the Manager Executive Services dated 16 September 2010 in relation to Jury Selection Review be received and that Council advise the Queensland Law Reform Commission that it opposes changes suggested in its Discussion Paper on the Review. Council believes the intent of the Jury Act 1995 in regard to the ineligibility of Councillors to be selected for jury duty should remain as since amalgamation of Councils in 2008 the role of a Councillor, especially that of the Mayor, is more closely aligned to the role of state parliamentarian than ever before: 1. Councillors commit extensive hours to their role (a survey of members of Southern

Downs Councillors indicated an average of greater than 50 hours per week); 2. Councillors are available to residents 7 days a week either face to face, via

correspondence or via use of modern technology; 3. Councillors are required to complete Register of Interests that are open to the public; 4. Councillors are meant to act within a Code of Conduct (now encapsulated within the

principles of the Local Government Act 2009); 5. Councillors must go through an extensive open declaration process regards electoral

donations; and 6. Councillors are open to investigations into conduct via agencies such as the CMC. Council also acknowledged that the ineligibility only applies during their term of office and before and after that term of office they would still be available for selection as are other members of the community. Resolution Moved Cr V Pennisi Seconded Cr R Bartley.

Carried The Mayor accepted a call for a Division on the motion from the floor and the following votes were recorded: For: Councillor Bellingham, McMurtrie, Gow, McNally, Pennisi, Bartley & Meiklejohn (7) Against: Councillor Ingram and Blundell (2) Accordingly the Mayor declared the motion carried


The meeting adjourned for Lunch at 1.18pm and reconvened at 1.50pm at which time were present Crs Bellingham, Bartley, Blundell, Gow, Ingram, McMurtrie, McNally, Meiklejohn and Pennisi.

15. NOTICE OF MOTION

Nil.

16. GENERAL BUSINESS

16.1 Killarney Biodiversity Weekend Cr Meiklejohn raised the issue of a request from the organisers of the Killarney Biodiversity Weekend for Council to have an information desk at the event on 23 October.

Recommendation

THAT Council endorse the attendance of Cr Meiklejohn at the Killarney Biodiversity Weekend on 23 October 2010 with resources and information available for interested attendees at the event.

Resolution


Carried

Meeting in Camera Recommendation THAT the meeting move into camera pursuant to Section 72(1)(h) of the Local Government (Operations) Regulation 2010 for the purposes of discussing Eden Gardens Memorial Park and Local Government Health Plan. Council noted that it is the intent by doing so to keep all the matters discussed during the session strictly confidential. Meeting moved into camera at 2.43pm. Moved Cr M McMurtrie Seconded Cr D Ingram. 3.26pm Cr V Pennisi left the meeting. 3.28pm Cr V Pennisi rejoined the meeting.


Meeting out of Camera Resolved THAT the meeting move out of camera at 4.35pm.

Carried

17. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS

17.1 Eden Gardens Memorial Cemetery CONFIDENTIAL

Recommendation

That the report of the Chief Executive Officer be received and that Council proceed with legal action required in regard to Council taking responsibility for the ownership and operations of the Eden Gardens Memorial Cemetery. Resolution Moved Cr P Blundell Seconded Cr N Meiklejohn.

Carried

17.2 Local Government Health Plan CONFIDENTIAL The Director Corporate Services provided Council with a confidential report on this matter prior to the meeting.

Recommendation

THAT the Confidential report of the Director Corporate Services dated 17 September 2010 in relation to Local Government Health Plan be received and that:- 1. Council expresses an interest in joining the Fund subject to a majority of other

Queensland Councils agreeing to join. 2. The information summary be distributed to Council staff for a preliminary assessment

on the level of interest in joining the Fund. Resolution Moved Cr N Meiklejohn Seconded Cr V Pennisi.

Carried


11.8 Request for Rates Relief

Recommendation

THAT the Confidential report of the Manager Finance dated 7 September 2010 in relation to Request for Rates Relief be received and that the property owner be advised that given the circumstances surrounding the request, Council resolves as follows: 1. As per Section 64 of the Local Government (Finance, Plans and Reporting) Regulation

2010 and Council's 2010/2011 Revenue Statement, provided the 2010/2011 rates are paid in full by the due date the property owner will still receive the discount; and

2. That, under the provisions of Section 63 of the Local Government (Finance, Plans and

Reporting) Regulation 2010, the property owner will be given until the 31 August 2011 to pay off the outstanding debt by instalment.

Resolution Moved Cr P Blundell Seconded Cr M McMurtrie.

Carried

17.3 Stanthorpe Chamber of Commerce A letter from the Stanthorpe Chamber of Commerce was tabled and a copy of the letter is attached.

Recommendation

THAT Council has given due consideration to the issues raised by the Stanthorpe Chamber of Commerce and ratepayers within the Commercial and Industrial (Stanthorpe) category and acknowledges: a. The new Local Government Act 2009 – Finance regulations does allow for Council to

grant concessions after the adoption of the annual budget; b. That due consideration was given to all the facts regards rating of commercial/industrial

properties within the region when the rating methodology was prepared by Council; and c. That many properties across the region, including those in the Commercial and

Industrial (Warwick) category, have also been levied with significant increases. In acknowledging the above, Council considers that the rating methodology adopted for the 2010/2011 Budget was the most appropriate methodology to address rate impacts across the region. Council would ask that the Chamber recognise a significant proportion of ratepayers in the Commercial and Industrial Stanthorpe category have received a reduction in their rates. Council does accept that the different rate in the dollar figures for the two Commercial and Industrial categories, which was a first step in equalisation, has generated disquiet and commits to changes in the rating methodology for the 2011/2012 Budget.


The changes will result in removal of the geographic separation of properties currently rated within the Stanthorpe and Warwick Commercial and Industrial categories. These properties will be rated on a region wide basis regardless of what category determination is made by Council following overall review of the rating methodology e.g. a retail premises in High Street, Stanthorpe would be levied the same rate in the dollar as a retail premises in Palmerin Street, Warwick; a light engineering property in the Stanthorpe Industrial Estate would be levied the same rate in the dollar as a light engineering property in the Warwick Industrial Estate. Having considered the Chamber’s request, Council is not prepared to grant concessions to one category of ratepayers, some of whom have been levied a lesser amount than in the previous year. Council considers it would be unacceptable to ratepayers in other rating categories who have also received increases in their rate levy if concessions were granted as suggested.

Resolution

Moved Cr M McMurtrie Seconded Cr N Meiklejohn.

Carried Attachment 1. Letter from Stanthorpe Chamber of Commerce


MEETING CLOSURE

There being no further business, the meeting closed at 4.37pm.


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