Minutes of Ordinary Meeting - 29 March 2017 · 3/29/2017 · DOC ID: LINKS TO CORPORATE/OPERATIONAL PLAN . STRATEGIC THEMES: 3. Governance - cohesive, responsible and transparent

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr MW Curran (Mayor)

Held in the Boardroom

Town Hall

2 Caledonian Hill

Gympie Qld 4570

On Wednesday, 29 March 2017

At 9am

Ordinary Meeting Minutes 29 March 2017 1

Gympie Regional Council

Gympie Regional Council ORDINARY

Mayor MW Curran (Chairman)

Crs MA McDonald, GC Hartwig, MS Gear, DW Dodt, DH Stewart, HT Smerdon,

WR Leitch and JK Cochrane

CONTENTS:

ACKNOWLEDGEMENTS ..................................................................................................................... 3

DISCLOSURE OF INTERESTS BY COUNCILLORS ............................................................................... 3

SECTION 1: OPEN WITH PRAYER .................................................................................................. 3

SECTION 2: APOLOGIES / LEAVE OF ABSENCE ............................................................................ 4

SECTION 3: CONFIRMATION OF MINUTES .................................................................................. 4

SECTION 4: PETITIONS ................................................................................................................... 5

SECTION 5: PLANNING AND DEVELOPMENT .............................................................................. 6

5.1 BUILDING APPROVALS FOR FEBRUARY 2017 ............................................................................................................................ 6

5.2 DRAFT LOCAL GOVERNMENT INFRASTRUCTURE PLAN FOR PUBLIC CONSULTATION .......................................................... 8

5.3 HERITAGE ADVISORY COMMITTEE UPDATE REPORT .............................................................................................................. 13

5.4 BUILDING OUR REGIONS ROUND 3 DETAILED FUNDING APPLICATIONS ............................................................................ 16

SECTION 6: CORPORATE AND COMMUNITY SERVICES ........................................................... 20

SECTION 7: OFFICE OF THE CEO .................................................................................................. 21

7.1 ADMINISTRATIVE ACTION COMPLAINTS PROCESS REVIEW ................................................................................................... 21

7.2 GYMPIE WATER TECHNICAL ADVISORY GROUP ..................................................................................................................... 24

7.3 APPOINTMENT OF DIRECTOR RATTLER RAILWAY COMPANY ................................................................................................ 27

7.4 AUDIT AND RISK MANAGEMENT COMMITTEE ........................................................................................................................ 29

SECTION 8: INFRASTRUCTURE SERVICES ................................................................................... 31

8.1 REQUEST TO CHANGE PLACE NAMES - UNNAMED CREEK NEAR COOLOOLA COVE ............................................................ 31

8.2 TENDER OF "PROVISION OF GATEKEEPING AND RECYCLING SERVICES FOR WASTE MANAGEMENT FACILITIES"

2016-2017 T012 ..................................................................................................................................................................... 33

SECTION 9: IN COMMITTEE ......................................................................................................... 38

9.1 PROPERTY TENURE AGREEMENT ............................................................................................................................................... 38

9.2 GYMPIE RATTLER - ROLLING STOCK PROCUREMENT STRATEGY .......................................................................................... 39

SECTION 10: ATTACHMENTS......................................................................................................... 40

5.1 BUILDING APPROVALS FOR FEBRUARY 2017

ATTACHMENT 1 BUILDING APPROVALS FEBRUARY 2017 ......................................................................................... 41

5.2 DRAFT LOCAL GOVERNMENT INFRASTRUCTURE PLAN FOR PUBLIC CONSULTATION

ATTACHMENT 1 DRAFT LGIP FOR FIRST STATE INTEREST REVIEW ........................................................................... 77



7.1 ADMINISTRATIVE ACTION COMPLAINTS PROCESS REVIEW

ATTACHMENT 1 ADMINISTRATIVE ACTION COMPLAINTS PROCESS ....................................................................... 105

7.2 GYMPIE WATER TECHNICAL ADVISORY GROUP

ATTACHMENT 1 GYMPIE WATER TECHNICAL ADVISORY GROUP ........................................................................... 113

8.2 TENDER OF "PROVISION OF GATEKEEPING AND RECYCLING SERVICES FOR WASTE MANAGEMENT FACILITIES"

2016-2017 T012

ATTACHMENT 2 TENDER PROBITY STATEMENT ........................................................................................................ 122



The meeting commenced at 9.01am.

PRESENT: Mayor Cr MW Curran (Chairman), Crs MA McDonald, MS Gear,

DW Dodt, DH Stewart, WR Leitch and JK Cochrane.

Also in attendance were Chief Executive Officer (Mr BJ Smith), Director

Infrastructure Services (Mr D Scordalides), Acting Director Corporate

and Community Services (Mrs H Kelly), Director Planning &

Development (Ms G Vereker), Chief Finance Officer, (Mr M Booth),

Executive Manager Water Business Unit (Ms M Zeilinga), Manager

Governance (Mr B Hayes), Manager Building and Plumbing (Mr R Prout),

Manager Planning Strategy and Major Projects (Mr C Engle), Senior

Officer Planning (Land use, Sport & Recreation and Heritage)

(Mr M Matthews), Technical Officer Waste Services (Ms T Allen) and

Minutes Clerk (Ms T Condon).

ACKNOWLEDGEMENTS

Cr Dan Stewart gave the following acknowledgement:

Firstly, let me acknowledge the traditional owners of the land on which

we meet today, I pay my respects to the elders of the past, present and

emerging.

DISCLOSURE OF INTERESTS BY COUNCILLORS

SECTION 1: OPEN WITH PRAYER

Cr Daryl Dodt from the Gympie Regional Council offered prayer for the

advancement of the region and the true welfare of its people.

One Minute’s silence for family and friends of deceased residents of the

region.



SECTION 2: APOLOGIES / LEAVE OF ABSENCE

2.1 Request for Leave of Absence - Cr Dodt

M14/03/17 Moved Cr WR Leitch Seconded Cr MA McDonald

That Cr Daryl Dodt be granted leave of absence from all Council

meetings from 9 September 2017 to 3 October 2017.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr JK Cochrane,

Cr DW Dodt, Cr MS Gear and Cr DH Stewart

AGAINST: Nil

2.2 Apologies - Cr Hartwig and Cr Smerdon

M15/03/17 Moved Cr DH Stewart Seconded Cr JK Cochrane

That the apology for this meeting from Councillor Glen Hartwig and

Councillor Hilary Smerdon be received.

Carried



AGAINST: Nil

SECTION 3: CONFIRMATION OF MINUTES

M16/03/17 Moved Cr MA McDonald Seconded Cr WR Leitch

That the Minutes of the Gympie Regional Council Ordinary Meeting held

on 08 March 2017 be taken as read and confirmed.

Carried



AGAINST: Nil

M17/03/17 Moved Cr WR Leitch Seconded Cr JK Cochrane

That the Minutes of the Gympie Regional Council Special Meeting held on

22 March 2017 be taken as read and confirmed.

Carried



AGAINST: Nil



SECTION 4: PETITIONS



SECTION 5: PLANNING AND DEVELOPMENT

5.1 Building Approvals for February 2017

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

3. Governance - cohesive, responsible and transparent

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

A report detailing building activity within the Region for the month, with a

comparison over the last five years, is presented for Council’s information.

2. REPORT

The Building Approvals Report and the Statistics Graph for February 2017 are

included as an attachment.

A total of 96 Building Approvals were issued for the month of February, of

which 65 approvals were issued by Private Building Certifiers and 31 were

issued by Council Building Certifiers. The total number of approvals for

February included 30 new dwellings.

In comparison a total of 77 Building Approvals were issued in February 2016

with a total of 16 new dwellings approved for that same period.

The graphs attached demonstrate that the total number of Building Approvals

issued for the month of February 2017 is above the same period for the last

five years.

The overall trend for the year is demonstrated when 2017 figures are

compared with the number of overall approvals issued for the year to date (as

at the end of February), for the last five years:

February 2017 total approvals year to date – 160





3. BUDGET IMPLICATIONS

Council’s Building Services Team is maintaining its increased market share in

the Region’s building certification business, and as such, maintaining its

predicted revenue in the 2016/2017 financial year.



4. POLICY IMPLICATIONS

There are no policy implications.

5. CONSULTATION

Director – Planning and Development

ATTACHMENTS

⇩1. Building Approvals February 2017

M18/03/17 Moved Cr MA McDonald Seconded Cr DW Dodt

That Council notes the report.

Carried



AGAINST: Nil



5.2 Draft Local Government Infrastructure Plan for Public Consultation



DOC ID:


STRATEGIC THEMES:



On 21 January 2015, Council was advised of the reforms to Queensland’s local

government infrastructure planning and charging framework under the

Sustainable Planning Act 2009 (SPA). Transitional provisions were put in place

to ensure Council’s then Priority Infrastructure Plan, (now referred to as a Local

Government Infrastructure Plan (LGIP)) remains in effect until such time as

Council adopts a new LGIP through the statutory process. Council commenced

its review early in 2015 working with LGIP specialist consultants - Integrated

Infrastructure Planning (IIP) and utilising input from internal trunk

infrastructure network owners (water, sewer, transport, stormwater, parks and

land for community facilities).

In November 2015, the SPA was amended by the State Government to allow

local governments to apply for an extension to the timeframe for review and

amendment of their LGIP. This extended review period is specifically to ensure

that LGIPs are able to be brought into alignment and compliance with the

requirements of SPA and associated statutory guidelines.

The deadline for adoption of a compliant LGIP was extended from 1 July 2016

to 1 July 2018. Council applied to the Minister for Infrastructure, Local

Government and Planning for an extension and was granted an extension to

31 December 2017. Failure to adopt a compliant LGIP by the deadline removes

Council’s ability to impose infrastructure charges on development

2. REPORT

LGIP Purpose and Requirements

A LGIP is that part of a Planning Scheme that identifies the local government's

plans for trunk infrastructure that are necessary to service urban development

at the desired standard of service in a coordinated, efficient and financially

sustainable manner.

Local governments are required to include an LGIP in their Planning Scheme if

it is intended to levy infrastructure charges or impose conditions on

development for trunk infrastructure.



The purpose of a LGIP is to:

integrate infrastructure planning with the land use planning identified

in the Planning Scheme

provide transparency regarding a local government's intentions for

the provision of trunk infrastructure

enable a local government to estimate the cost of infrastructure

provision to assist its long term financial planning

ensure that trunk infrastructure is planned and provided in an

efficient and orderly manner

provide a basis for the imposition of conditions about infrastructure

on development approvals.

Whilst Council has a current LGIP in the Planning Scheme, a review of all

networks was required to align with most recent network planning and new

planning assumptions. In addition, the SPA and the SPA guidelines require

additional elements to be approved by the State before a LGIP is considered

compliant with the most recent legislative changes. These additional elements

include:

Requirements to have a third party State approved reviewer complete a

compliance check for Council’s consideration before the LGIP is submitted

for a State interest check (IIP also appointed for this purpose);

A detailed schedule of works model (SOW) which demonstrates the

financial sustainability of the LGIP.

Preparation of Draft LGIP

A draft LGIP has now been prepared in accordance with the statutory guideline

and requirements of the State Government LGIP template (refer to Attachment

1 to this report). Supporting material has also been prepared which aligns with

the draft LGIP, including trunk infrastructure maps, extrinsic material to detail

network planning, a draft schedule of works model (outputs included in the

LGIP) and associated materials.

Due to the volume of supporting materials and the fact that the key outputs

are captured in the draft LGIP document attached, these have not been

included as separate attachments to this report. The extrinsic material is

detailed in Table 4.20 of the LGIP document and will be forwarded to the

Minster along with the draft LGIP, as well as being made available to the

community during the public notification period.

Each network owner has undertaken a final review of the trunk network to be

included in the LGIP and has approved the documents to progress. Finance

has undertaken a review of the schedule of works model for consistency with

the Long Term Financial Forecast and historical spending on trunk

infrastructure.

Statutory Process

Statutory guideline 04/14 Making and amending local planning instruments

(MALPI) outlines the process for preparing and adopting a LGIP. This process

involves the following elements:



a compliance check by a State approved reviewer (Integrated

Infrastructure Planning);

an initial first State interest check;

public consultation;

a second review; and

finally a second State interest check before Council resolves to amend

the Planning Scheme to adopt the LGIP.

This process is anticipated to take at least 9 months. Table 1 outlines the

timeline to progress the draft LGIP to adoption.

Table 1 – LGIP process

Compliance step Expected timing

First State interest review April 2017

Public consultation June 2017

Second State interest review September 2017

Council adoption of LGIP December 2017

First Compliance Check

A full series of documents were issued to the Appointed Reviewer (IIP) on 1

March, 2017, as required by the State Government’s statutory process, to

commence the first compliance check. IIP has subsequently confirmed that

the draft LGIP is compliant with SPA and relevant statutory guidelines.

Additionally, IIP have recommended that the draft LGIP should proceed to the

State Government for the first State Interest Review and approval for public

notification.

State Interest Review

Once the State Government has undertaken the review, the Minister will

approve the draft LGIP (likely with some conditions) for public consultation,

where all relevant materials are placed on public display for 30 business days

and interested parties can lodge a submission to the draft. Council will fully

consider each submission and make changes as appropriate, similar to other

Planning Scheme amendment processes. A revised draft LGIP will then be

submitted for Council approval to commence the second State interest review.


The LGIP review is being funded from Planning Strategy and Major Projects

Branch 2016/17 operational budget.

The trunk infrastructure delivery set out in the Schedules of Works in the LGIP

through to 2031 has been reviewed by the Finance Branch and deemed to

represent expenditure which is sustainable (subject to ongoing monitoring of

demand and revenue generated through infrastructure charges).

Council’s Adopted Infrastructure Charges Resolution and associated charge

rates for particularly types of development, is separate to the LGIP and will be

the subject of future consideration by Council.




The draft LGIP has been prepared in accordance with the requirements of the

Sustainable Planning Act and relevant statutory guidelines. Once finalised the

LGIP will form part of the Gympie Regional Council Planning Scheme 2013 and

under current legislation will require review at least every 5 years.

5. CONSULTATION

Internal engagement

During the development of the LGIP, many areas of Council have been

involved to provide input and understand the operation of the document

produced, including:

Planning Strategy – project management and planning assumptions

Design Services – network owner/ planning for transport and stormwater

networks and GIS support;

Water and Sewer (Water Business Unit) – network owner/ planning for

water and sewer networks

Parks Design – network owner/ planning for recreation and sports parks

Community Development and Facilities – network owner/ planning for land

for community facilities

Property – land valuations

Assets – existing valuation

Finance – review of financial outcomes and considerations for future long

term budgeting.

Public Notification

Subject to Council endorsement to proceed to the First State Interest Review

and satisfying any conditions imposed by the State Government, the draft

LGIP will be placed on a period of public notification for 30 business days.

During this period the draft LGIP and supporting extrinsic material will be

made available at Council’s customer contact points and on Council’s website.

A public notice advising of the consultation is also required to be published in

a locally circulating newspaper and a notice on Council’s website.

6. CONCLUSION

A draft LGIP has now been prepared, and reviewed by Council’s appointed

reviewer in accordance with statutory requirements, for the purpose of

seeking a first State Interest Review and approval to proceed to public

notification. The draft LGIP is required to be finalised by 31 December 2017 in

order for Council to continue to be able to levy infrastructure charges. In light

of the timeframes associated with the full review process, Council

endorsement is sought to proceed to the next step.

ATTACHMENTS

⇩1. Draft LGIP for First State Interest Review



M19/03/17 Moved Cr MA McDonald Seconded Cr DH Stewart

That Council:

1. Adopts the draft LGIP for the purpose of commencing a first State

Interest Review by the State Government and seeking approval to

proceed to public notification.

2. Endorses the Chief Executive Officer to write to the Minister for

Infrastructure, Local Government and Planning requesting a review

of the draft LGIP and approval to proceed to public consultation.

Carried



AGAINST: Nil



5.3 Heritage Advisory Committee Update Report



DOC ID:

PREVIOUS ITEMS

5.3 - Heritage Advisory Committee Update - Ordinary - 16 Nov 2016

9am


STRATEGIC THEMES:

5. Social wellbeing - active, diverse, creative and empowered


The Heritage Advisory Committee is a formally recognised Committee under

the provisions of the Local Government Act 2009, and as such is to provide

Council with a written report of its deliberations and its advice or

recommendations as appropriate. This report contains items for Council

information and resolution.

2. REPORT

The following items are brought to the attention of Council as items of note,

or requiring further resolution.

2.1 Gympie Town Centre Heritage Trail

Further to the unveiling of the ‘Lady Mary’ public art in Mary Street on 14

February 2017, there will be additional sites identified throughout the Gympie

Town Centre celebrating people, places and events that are locally significant.

It is intended to position plaques with pictures and text to inform locals and

visitors about these items of local significance. The content of these signs has

been presented to the Heritage Advisory Committee for review after

preliminary development of draft content.

2.2. Conservation Management Plan for Memorial Park

Council has previously undertaken some work in the development of a Draft

Conservation Management Plan for Memorial Park. The Draft Management

Plan was considered by the previous Council with the outcome that Council

resolved not to proceed with its adoption. The Heritage Advisory Committee

has since resolved to recommend to Council:

“That a Conservation Management Plan for Memorial Park be finalised,

presented to this committee and subsequently submitted to Council for

endorsement.”



Moved: Roger Todd Seconded: Cr Daryl Dodt Carried: 03-01-17

Disclosure of perceived conflict of interest – Roger Todd (author of latest draft

Conservation Management Plan).

It is of note that there is currently no approved budget to undertake a

Conservation Management Plan for Memorial Park. However, this project was

approved as part of the Gympie Town Centre Revitalisation Strategy as a

medium term priority. Consequently, it is proposed that this be the subject of

a 2018/19 budget bid.

2.3 Planning Scheme Heritage Framework

Planning Strategy & Major Projects Branch are currently working on the

heritage framework to be included as part of future Planning Scheme

Amendments. The committee identified priority matters in this regard, and a

brief for the revision of the Local Heritage Register is currently being drafted.

Scope includes how this may better inform the relevant Planning Scheme

Schedule, better supporting information for each entry, entries that should be

removed and possible new entries for consideration. A previous resolution of

Council was to maintain a Local Heritage Register in this regard in any case. It

was resolved by the Heritage Advisory Committee to recommend to Council:

“That the Local Heritage Register be reviewed irrespective of ownership with the

intention of including all relevant properties in Schedule 4 of the Gympie

Regional Council Planning Scheme.”

Moved: Geoff Smith Seconded: Stephanie Lawless Carried

2.4 Edward Bytheway

There was a launch held at the Gallery Wednesday 1 March for a new

publication on Edward Bytheway by historian and researcher Linda Atkinson.

There was also a gallery exhibition that ran between 1-25 March.

2.5 New Committee Nomination

This report includes providing a recommendation seeking Council’s formal

endorsement of Mrs Linda Atkinson as a new member of the Heritage

Advisory Committee, noting that the Committee offered no objection to

accepting the nomination.

The appointment of a new member is in accordance with the Committee

Charter which was recently reviewed and a revised version adopted by Council

in November 2016. The Charter sets a requirement for minimum numbers but

does not provide any restriction on maximum membership. In recent years

Council has lost 3 - 4 members from the Committee and has struggled to find

replacements even after a recent call for Expressions of Interest (EOI). Out of

the most recent EOI Council appointed only one new member, Mr Ray Currie,

who joined the Committee late last year.



Mrs Atkinson’s background includes working during the 1990’s as a high level

senior executive in Federal Government, including a position as head of

Corporate Management at the Australian War Memorial. This position among

many other responsibilities carried the overall management of the major

heritage listed building at the Australian War Memorial. Linda has also recently

authored a publication on prominent Gympie historical figure Edward

Bytheway, indicating her recent commitment to local history.


All activities outlined in this report are in accordance with endorsed budget for

Planning Strategy & Major Projects for the 2016-17 financial years. However,

the Committee’s request for preparation of a new Conservation Management

Plan for Memorial Park will need to considered as part of Council’s

deliberations on the 2017-18 budget.



5. CONSULTATION

This report is presented to Council on the basis of the minutes and

recommendations of Council’s Heritage Advisory Committee.

6. CONCLUSION

The Heritage Advisory Committee acts to advise Council on matters relating to

the conservation of cultural heritage for the benefit of the local community.

This update report has been presented for Council information and resolution.

M20/03/17 Moved Cr DW Dodt Seconded Cr MS Gear

That Council:

1. Notes the updates and deliberations of the Heritage Advisory

Committee as provided within this report.

2. Notes that a budget bid for the finalisation of a Conservation

Management Plan for Memorial Park will be prepared as part of the

2018/19 Budget.

3. Formally accepts Mrs Linda Atkinson as a new member of the

Heritage Advisory Committee.

Carried



AGAINST: Nil



5.4 Building Our Regions Round 3 Detailed Funding Applications



DOC ID:


STRATEGIC THEMES:

2. Economic development - vibrant, strong and resilient

1. Infrastructure - planned, connected and safe

5. Social wellbeing - active, diverse, creative and empowered


Councillors are aware of the Expressions of Interest previously submitted for

this round of funding.

2. REPORT

Expressions of Interest were prepared for lodgement through the Queensland

Government’s Building Our Regions program for the projects outlined in the

following sections. The State Government has accepted these EOIs and

detailed applications are now required by 7 April 2017.

If successful Council will be required to jointly fund the projects (50%) and

commence construction by 30 April 2018 (unless an earlier timeframe is

nominated). As such, Council's share of the funding could come from the

17/18 and 18/19 financial years.

It should also be noted that the EOI process enabled the state to check the

eligibility of projects. Council is now required to make formal application

demonstrating commitment to delivery.

Bullock Point Boat Ramp Carpark Construction

The existing boat ramp and carpark at Bullock Point are in dilapidated

condition and experience heavy usage from recreational trailer boat users.

Council is responsible for the carpark maintenance and has identified that

replacement of this infrastructure is urgently needed.

The project will focus on the construction of a purpose built, safe, bitumen

sealed, formalised car and boat trailer parking area. It will provide parking for

a minimum of 15 car trailer units and so provide safe, accessible parking in this

prime recreational area. The existing car park is an informal, gravel surfaced

area which, due to increased usage by recreational users, is becoming severely

damaged resulting in sediment run off and potholes developing. This project

will deliver improved recreational infrastructure for Inskip Point and Rainbow

Beach tourist precincts.



The project will involve carpark design, calling and awarding construction

tenders, clearing and earthworks, placing gravel paving and bitumen sealing

the carpark, line marking and opening for use. The project was the subject of a

report to the last Council meeting.

Project costings

Total Est Project Cost (ex GST) $500,000

Council’s contribution (ex GST)$250,000

State Government contribution (ex GST) $250,000

Gympie Historic Railway Precinct RV Park

The Gympie Historic Railway Precinct is proposed to be an iconic destination

for locals and visitors, showcasing the special character of the heritage station

building and other rail elements in a setting that invites leisure, knowledge

building, interactivity, celebration of and respect for Gympie’s rich history.

The RV Park will improve the amenity and attraction of the precinct as well as

activate identified future uses and activity in the precinct Master Plan to

generate economic development. Council resolved last May that the Gympie

Station site remains in community control given its rail and social heritage

values. This is also progressing through the Rattler project.

The project has been to public consultation but not yet formally adopted by

Council.

There has been informal encouragement from DSD for this project.

Project costings –

Total Est Project Cost (ex GST) $1.1M

Council’s contribution (ex GST)$550,000

State Government contribution (ex GST) $550,000

Gympie Youth Precinct Recreation Hub

At the Ordinary Meeting of 13 May 2015 Council endorsed a number of

priority projects within the Town Centre as part of a comprehensive Gympie

Town Centre Urban Design Projects Package.

The Nelson Reserve/ Memorial Park Master Plan incorporated a Youth Precinct

and Regional Play Space.

The Youth Precinct will include an all ages, all skill level wheeled sports facility

in the form of a 'Street / Plaza Skate Area', 'Pump Track', 'Bowl and

surrounding Flow Area', ‘Bouldering Wall’ and 'refurbishment of the existing

Gympie Memorial Pool Building'. It will also include social areas, event /

competition capacity and connection to the refurbished Pool Building and

associated amenities (toilets).

The Play Space will offer a broad variety of play, unique for the region drawing

on the site’s natural characteristics in the form of a 'Tree Deck and Nature

Play', 'Water Sensory Play', 'Climbing, Balancing and Swings', 'Scrambing and

Slides' and 'Bouldering Wall'.



Both areas will include other ancillary features integrated into the design such

as areas for relaxation, socializing, shade, small gatherings, being a spectator

or conducting a small performance.

Project costings Stage 1

Total Est Project Cost (ex GST) $2.8M

Council’s contribution (ex GST)$ $1.4M

State Government contribution (ex GST) $1.4M


Council supports the submission of detailed applications for the above

mentioned projects and projects to be 50% between Council and the State

Government should the applications for grant funding be successful.

Council is required to demonstrate commitment to the management and costs

associated with the ongoing operation and maintenance of all projects

identified above.


The nominated projects for the purposes of progressing detailed applications

under the Building Our Regions Program align with overarching strategic

planning policy as follows:

Youth Precinct Recreation Hub – this project was an outcome of the

endorsed Nelson Reserve/ Memorial Park Master Plan, which

incorporated these elements at the Memorial Pool site and surrounds;

Gympie Historic Railway Precinct RV Park – this project aligns with the

Corporate Plan Strategy to support RV tourism in the region by

developing a RV Strategy and Management Plan. Additionally, this

project aligns with the draft Master Plan for the overall Precinct.

Bullock Point Boat Ramp Car park - this project is consistent with

Council’s endorsed position in response to the draft Inskip Peninsula

Master Plan previous under development by the State Government.

5. CONSULTATION

Significant consultation has and will continue to be undertaken as part of

progressing each of the above projects. To date this includes:

225 submissions to inform the Youth Precinct Recreation Hub draft

Concept Design.

Key stakeholder engagement to inform the draft Gympie Historical Rail

Station Precinct Master Plan, including Rattler Rail Company

representatives, existing tenants, Department of State Development

and Queensland Rail.

6. CONCLUSION

Council has been successful with Expressions of Interest under the Building

Our Regions funding program (Round 3) for the following projects:

Youth Precinct Recreation Hub (in Nelson Reserve)



Gympie Historic Railway Precinct RV Park (at northern end of Rattler

Station)

Bullock Point Boat Ramp Car park (adjacent to the Bullock Point Boat

Ramp at Inskip Point)

It is now proposed to submit detailed funding applications by 7 April 2017 for

further consideration by the State. If successful, projects will need to be jointly

funded and commenced by 30 April 2018.

M21/03/17 Moved Cr MA McDonald Seconded Cr WR Leitch

That:

1. Council endorses the submission of detailed funding applications

through the Building Our Regions Program (Round 3) for the

following projects:

Youth Precinct Recreation Hub (in Nelson Reserve)

Gympie Historic Railway Precinct RV Park (at northern end of

the Station precinct)

Bullock Point Boat Ramp Car park (adjacent to the Bullock

Point Boat Ramp at Inskip Point)

2. Council advises the State Government as part of the detailed

funding applications, of its commitment to delivering these projects

in line with the required 30 April 2018 commencement date and the

50% Local Government financial and/or in-kind contribution.

Carried



AGAINST: Nil



SECTION 6: CORPORATE AND COMMUNITY SERVICES



SECTION 7: OFFICE OF THE CEO

7.1 Administrative Action Complaints Process Review

PORTFOLIO: Governance, Finance, Disaster Management

DIRECTORATE: Office of the CEO

DOC ID:


STRATEGIC THEMES:



Council is required under s268 of the Local Government Act 2009 (Act) to

adopt a process for resolving administrative action complaints. Our current

Administrative Action Complaints Process (AACP) was formally adopted by

Council in June 2011 via Minute F16/06/11.

Following recommendations made as an outcome of an external audit

undertaken by the Office of the Queensland Ombudsman on Council’s

Complaints Management System it is appropriate for Council to review its

AACP.

2. REPORT

As part of ongoing reviews of a range of compliance matters across local

government state wide, the Office of the Queensland Ombudsman recently

undertook an external audit of Council’s Complaints Management System of

which the AACP forms a central component.

A range of recommendations for improvement to the AACP were provided by

the Ombudsman. These matters have been discussed with representatives of

the Ombudsman’s Office, and by Council’s Executive Management Team,

resulting in a revised AACP document being presented for Council’s

consideration as attached.

The AACP is Council’s default complaints management procedure under the

Act, however it should be noted that a range of complaint matters continue to

be dealt with via separate processes as highlighted within section 4.0 of the

AACP.

These matters include:

Competitive neutrality complaints

Complaints about the conduct or performance of Councillors, including

the Mayor

Public Interest Disclosures

Complaints about the conduct of staff or contractors



Anti-discrimination, equal employment opportunity or industrial

matters including Council’s Enterprise Bargaining Agreement

Key amendments made to the AACP document as a result of the

Ombudsman’s recommendations include:

a revised definition of an administrative action complaint

strengthening Council’s policy statements in regards to procedural

fairness related matters

improved internal reporting and monitoring processes

a more defined procedure for keeping the complainant informed,

including advice of internal and external review options available

provision of possible remedies and redress as an outcome of a

complaint matter

a three year formal review cycle for the document

simplification and improvements to the presentation of the Process

Flowchart

provision of adequate training to relevant staff on complaint handling

procedures.

The proposed amendments are aimed at improving the effectiveness of how

Council deals with complaint related matters while further ensuring that

Council meets its legislative compliance obligations.

Any amendments to the AACP must be made by way of Council resolution.

When adopted, the revised AACP will be made publicly available on Council’s

website and promoted internally to staff via the Intranet.


There are no budget implications resulting from the proposed amendments to

the AACP.


The AACP is Council’s key policy on complaints management. It further

complements Council’s recently adopted Customer Service Charter and

Customer Service Standards.

5. CONSULTATION

Office of the Queensland Ombudsman

Executive Management Team

CEO

Manager Governance

General review of a range of Queensland councils’ AACP documents

6. CONCLUSION

Following the outcome of an external audit conducted by the Office of the

Queensland Ombudsman, a number of amendments to Council’s AACP are

proposed. These amendments seek to improve the effectiveness of how

Council deals with complaint related matters.



ATTACHMENTS

⇩1. Administrative Action Complaints Process

M22/03/17 Moved Cr DH Stewart Seconded Cr DW Dodt

That the revised Administrative Action Complaints Process document, as

presented, be adopted.

Carried



AGAINST: Nil



7.2 Gympie Water Technical Advisory Group

PORTFOLIO: Water and Sewerage and Waste Management


DOC ID:


STRATEGIC THEMES:



Business Water Unit establishment

Council at its meeting on 28 September 2016 adopted the following

resolution:

“M31/09/16

That Council

1 Applies the principles of commercialisation as outlined in S28 of

the Local Government Act Regulations to its Water and Sewerage

operation.

2. Adopts the structure as described in the report.

3. Advises the Department of Environment and Heritage Protection of

its actions.

4. Develops terms of reference for the establishment of a Water and

Sewerage Technical Advisory Board.”

2 REPORT

As part of the improved governance framework being established for the

Gympie Water Business Unit the establishment of an Advisory Group has been

recommended and adopted by Council. Given the role of the Group and the

possible issues around its perceived status it is proposed that it be named the

Gympie Water Technical Advisory Group to more accurately describe its role.

The Gympie Water Technical Advisory Group will include ‘independent’

technical people who will consider matters referred to it and make

recommendations and provide strategic advice and support to the Water

Business Unit and to Council when required. The purpose of the group is to

provide objective advice on strategic matters. They have no authority to act on

behalf of Council.

The group will be focussed on the big picture – strategic and commercial

issues and water industry trends as well as providing technical rigour around

key decisions. The members will be able to provide fresh insights to the Water

Business Unit Management team and supply objective advice on key decisions.



The key benefits of the group include:

Drawing on the skills and knowledge of the advisors who have had

comprehensive practical experience in the water industry;

Enhance the reputation and credibility of the Gympie Water Business

Unit and Council;

Ensure decisions being made are prudent and efficient to provide

sustainable, customer focussed water and sewerage services that

meet regulatory and customer service requirements;

Increase consumer and regulator confidence that the water business

is being managed in a sustainable manner;

Attraction of highly skilled employees by demonstrating the

commitment to the water business unit functions.

Draft terms of reference have been developed for the Gympie Water Technical

Advisory Group (Refer Attachment).

The table below provides a comparison to other Water Advisory Boards within

Queensland.

Table 1. Comparison to Mackay Water and Waste and Wide Bay Water and

Waste Boards

Issue for decision

Mackay Water and Waste

Wide Bay Water and Waste

Proposed for Gympie Water

Authority LG Act Section 30:

Made the decision to create a commercial business unit by

resolution.

?LG Act Section

265: Advisory Committee of Council

LGA Reg Section 28:

Adopt the principles of commercialisation

Foundation

Document

Advisory Board -

Terms of Reference + Business Plan

Advisory Committee

- Statement of Operational Intent

Advisory Group -

Terms of Reference + Business Plan

Council membership

CEO, Mayor, Committee Chairs

CEO, Mayor, Committee Chairs

Mayor, Portfolio Councillor as invitees

External membership

Chairman and 2 external members



Remuneration Member $2000 per meeting + Travel and

accommodation expenses ?Chairman 50% more

Member $8000 per year

+ Travel and accommodation expenses? Chairman 50%

more

External Members $2000 incl GST per

meeting + Travel

Advisory Board meeting durations

6-7 hours 2-3 hours Around 4 hours

Advisory Board meeting frequency

Usually quarterly including a pre-budget meeting

Usually 6-8 per year

4-6 per year



3 BUDGET IMPLICATIONS

The advisory group will assist Council in its oversight of over $300M in assets

which relate to a key public health service provided to the community which

operates within a highly regulated environment.

Accordingly and noting the information in Table 1, it is proposed that the

independent members appointed be remunerated at the rate of $2,000 per

meeting. This provides for meeting preparation, attendance, site visits etc.

The operation of the group will cost approximately $30,000 per annum. Most

importantly it also assists in attracting members with the appropriate

experience and expertise.

4 POLICY IMPLICATIONS


5 CONSULTATION

CEO

Other Agencies

6 CONCLUSION

Council’s water and sewerage operations relate to the provision of public

health services in a highly regulated environment. The establishment of the

group demonstrates a commitment to accountability, best practice and peer

review.

It provides a level of oversight regarding financial rigour and value for money

and provides an extra assurance to council that the service is being managed

in the best possible manner.

ATTACHMENTS

⇩1. Gympie Water Technical Advisory Group

M23/03/17 Moved Cr MA McDonald Seconded Cr JK Cochrane

That

1. Council adopts the proposed Gympie Water Technical Advisory

Group Terms of reference and calls for expressions of interest for

the independent members.

2. The remuneration be set at $1,500 including GST for the Chair per

meeting and $1,000 including GST for committee members.

Carried



AGAINST: Nil



7.3 Appointment of Director Rattler Railway Company

PORTFOLIO: Business Activities


DOC ID:


STRATEGIC THEMES:



Council at its meeting on 19 February 2014 adopted the following resolution:

M18/02/14

“That Council,

1. in order to facilitate the recommencement of the Mary Valley Rattler,

create 2 companies limited by guarantee being the Mary Valley

Rattler Community Holdings Ltd and the Rattler Railway Company

Ltd.

2. note that the Rattler Railway Company Ltd will be fully responsible

for the operation of the Rattler and the maintenance of all assets.

3. appoints its CEO Bernard Smith, its Mayor Ronald Dyne and the State

member for Gympie David Gibson as directors of the Mary Valley

Rattler Community Holdings Ltd.

4. Subject to their agreement appoint the skills based directors

identified in the report, the MVHR representative identified in the

report and a Council representative, as directors of the Rattler

Railway Company Ltd.

5. seek approval from the Queensland Treasurer pursuant to the

provisions of the Statutory Bodies and Financial Arrangements Act

1982 (Queensland) in respect of certain financial transactions by the

companies relating to the MVHR Project including investing money,

taking land and acquiring buildings and other structures for

providing infrastructure to the public.

6. receive a further report on the progress by the end of May 2014.”

2. REPORT

The current Directors on the board are, Ian McNicol (Chair), Garry Davison,

Peter Blashki and Tony Hallam. There have been some changes to the

Directors over the last three (3# years. The board currently does have

vacancies and it had been considered unwise to fill those vacancies until

funding for the project was confirmed, steps are now being taken to identify

people with the necessary skillsets with a view to filling the vacancies.

The terms of Ian McNicol and Garry Davison have concluded and their

re-appointment needs to be considered.



The board has been in place for three (3) years and met on dozens of

occasions as well as attended numerous stakeholder meetings. It is most

important given the status of the project, that both are re-appointed to the

board.

Council is the sole founding member of the Rattler Railway Company and as

such is responsible for the re-appointment.


There are no budget implications.



5. CONSULTATION

RRC Board

Bob Baldwin

6. CONCLUSION

The current Directors have put in hundreds of hours of their own time to the

project. The reappointment of Ian McNicol and Garry Davison is a reflection of

their commitment and the expertise they bring to the project as well as the

important stage of the project.

Another report will be brought to Council regarding further board

appointments.

M24/03/17 Moved Cr DW Dodt Seconded Cr MS Gear

That Ian McNicol and Garry Davison be re-appointed to the Board of the

Rattler Railway Company.

Carried



AGAINST: Nil



7.4 Audit and Risk Management Committee

PORTFOLIO: Governance, Finance, Disaster Management


DOC ID:


STRATEGIC THEMES:



Council has previously set the remuneration of the Audit and Risk

Management Committee (ARMC) at its meeting on the 13 April 2016

M08/04/16

That further to a review of its Audit and Risk Management Committee

arrangements Council resolves:-

1. to adopt the Amended Charter of the Audit and Risk Management

Committee as presented

2. that all meetings of the Audit and Risk Management Committee will

be closed to the public in accordance with the provisions of Section

275(1)(h) of the Local Government Regulation 2012

3. that Ms Angie Condon-Smith be appointed to the Audit and Risk

Management Committee as the Committee’s independent

Chairperson

4. that Mr Barry Smith be appointed as a community member on the

Audit and Risk Management Committee

5. that Council invites Expressions of Interest from the public to fill the

vacancy for the third community member position on the Committee

that the remuneration payable to community members on the

Committee be set at $350 inc GST per meeting attendance.

2. REPORT

The Audit and Risk Management Committee’s primary function is to assist

Council to monitor whether Council business systems and processes are

operating effectively.

The objectives of the Committee include:

assisting the Council in the governance of the organisation, and in

exercising due care, diligence and skill in relation to:

reporting of financial information;

application of accounting policies;

financial management;

the internal control system;

the risk management system;



the performance system;

policies and practices;

protection of assets; and

compliance with applicable laws, regulations, standards and best

practice guidelines.

improving the credibility and objectivity of the accountability process;

overseeing the effectiveness of the internal and external audit

functions;

providing a structured reporting line for internal audit and monitoring

the objectivity and independence of internal audit.

assuring the quality of internal and external reporting of financial

information;

ensuring an ethical culture has been embedded throughout the

organisation;

support measures to improve governance, risk and internal controls.

Noting the Council report regarding the Gympie Water Advisory Group it is

necessary to review the remuneration of the ARC

The current meeting commitment is approximately three quarters of a day in

addition to the meeting preparation time. Further to this the chair normally

separately meets with the CEO and CFO some time prior to the meeting.


The budget implication is approximately $20,000.



5. CONSULTATION

Manager Governance

6. CONCLUSION

The Audit and Risk Management Committee is a legislative requirement and

has significant responsibilities as indicated in the charter. It provides important

oversight and assurance and attracting and retaining the necessary level of

expertise is vital to ensure its success. The size of Council in terms of its

operational budget and equity and the ARMC role in demonstrating a

commitment to accountability and best practice are also important

considerations.

M25/03/17 Moved Cr MA McDonald Seconded Cr MS Gear

That the remuneration payable to community members on the

Audit and Risk Management Committee be set at $1,500 including

GST for the Chair and $1,000 including GST for each community

member per meeting attendance.

Carried



AGAINST: Nil



SECTION 8: INFRASTRUCTURE SERVICES

8.1 Request to change place names - unnamed creek near Cooloola

Cove

PORTFOLIO: Infrastructure Services

DIRECTORATE: Infrastructure Services

DOC ID: 1902055


STRATEGIC THEMES:

6. Not applicable


The Department of Natural Resources and Mines has requested Council’s

views on the naming of a creek in Cooloola National Park near Cooloola Cove.

2. REPORT

Council has previously considered a request from a ratepayer to name the

unnamed creek as “Pipeclay Creek”.

M14/10/15

That the writer be advised as follows:

….. Council has no concerns with giving the name “Pipeclay

Creek” to the currently unnamed creek.

As part of its process to name the feature, DNRM has now contacted Council.

“During the consultation stage of the Place Names process DNRM made contact

with the Butchulla Garling Wonamutta Aboriginal Corporation (BGWAC) as the

traditional custodians for the Cooloola area who suggested naming the Creek,

Doolong Creek. Research of the Dictionary of the Butchulla Language by Miss

Jeanie Bell, confirmed that “doolong” is a spelling variant of the Butchulla word

“dulang” meaning a kind of clay for painting white. A reference to the fine white

clay found in the subject creek.

DNRM has placed the naming of the creek as Pipeclay Creek on hold pending

further investigation into the suggestion by BGWAC to name the creek,

“Doolong Creek”.

As Council has initially supported the name of the creek as Pipeclay Creek your

views on this new suggestion are being sought.

Your comments in writing either supporting or objecting to the new proposal

would be appreciated by the 6 March 2017.”




There are no budget implications.



5. CONSULTATION

Nil

6. CONCLUSION

The naming of the creek is not a major concern for Council. It is currently un-

named and is not a significant geographic feature for the region.

The original proposed name, “Pipeclay Creek” was put forward to Council and

DNRM by a ratepayer who has been researching the recent history of the area.

At that time, the traditional owners had not been consulted about the

proposal and Council was not made aware that there would be other

interested parties.

M26/03/17 Moved Cr DH Stewart Seconded Cr MA McDonald

That the Department of Natural Resources and Mines be advised that, in

accordance with previous resolution M14/10/15, Council has no concerns

with adopting the name “Pipeclay Creek” for the currently unnamed

creek. However neither does Council object to the name “Doolong Creek”.

Carried



AGAINST: Nil



8.2 Tender of "Provision of Gatekeeping and Recycling Services for

Waste Management Facilities" 2016-2017 T012

PORTFOLIO: Water and Sewerage and Waste Management

DIRECTORATE: Infrastructure Services

DOC ID:


STRATEGIC THEMES:

4. Environment - sustainable, managed and healthy



As the result of a strategic change of direction and concentration on more

traditional core activities the incumbent contractor (Australian Red Cross) who

was providing the recycling services and gatekeeping services for Council

decided to terminate the contract by serving council a six (6) month

termination notice. Australian Red Cross will cease the service on 31 May 2017.

This resulted in the need to re-tender the contract with a similar specification

to the current specification.

2. REPORT

The tender called for one operator to coordinate and operate the service for

the network of the waste management facilities for a five (5) year term.

The specified services generally include the following:

Gatekeeping of all sites including weighbridge operation at Bonnick

Road;

Supervision of the sites to ensure public deposit materials at the

correct place;

Inspection and audits of incoming refuse for compliance with waste

acceptance criteria;

Operation of a recyclables drop off area for recyclable materials and

second hand goods and maintenance of this in a tidy condition;

Operation of Reuse Centres for sale of second hand goods;

Sorting and processing of the recyclables from the public drop off as

required for on sale;

Operation of areas for green waste, whitegoods and other scrap metal;

timber, tyres and liaison with processors as required;

Recovery of materials from bulk refuse loads such as construction and

demolition loads;

Recovery of materials from general refuse dumped by the public

General maintenance of the facilities they control;

Controlling litter, dust, birds, insects and vermin on the site they

control;

Reporting of activities on site including materials recovered;



Transfer of recyclable items to markets; and

The periodic onsite collection and storage of E-waste.

The waste management facilities that are included in the contract are:

Bonnick Road WMF;

Tin Can Bay WMF;

Rainbow Beach WMF;

Mary Valley WMF;

Gunalda WMF;

Widgee WMF;

Kilkivan WMF;

Goomeri WMF;

Traveston WMF; and

Sexton WMF;

The specification and the contract include the mechanism to vary the monthly

amount should Council at its discretion decide to reduce or increase number

of sites or amend opening hours.

The tender was released on 21 January 2017 on QTender and closed on

21 February 2017. Six conforming tenders and one alternative tender were

received as follows:

TENDERER TENDERER’S

ADDRESS

Darren’s Salvage 37/72 Boyle Road.

The Palms, Gympie

Conforming

Endeavour Foundation PO BOX 3555

Tingalpa DC QLD

4173

Conforming

HELP Supply Chain

Services

Shed 2 264 Brisbane

Road, Gympie 4570

Qld

Conforming

IOLAR Operational

Services Pty Ltd

6/37 Veronica St

Capalaba Qld 4157

Conforming and

Alternative

Zancott Knight Facilities

Management

21A Nelson St,

Stepney SA 5069,

Australia

Conforming

Res-Q and Recycle Pty Ltd PO Box 462, Gympie

Qld 4570

Conforming

Tenders were evaluated based on price and non- price elements with the

following weightings:

Relevant Experience 20%

Key Personnel Skills and Experience 10%

Respondent Resources 10%



Demonstrated understanding 20%

Price 40%

Tender prices ranged between $91,121.00 per month or $5,467,260.00 per

contract term and $166,218.32 per month or $9,973,099.20 per contract term.

The detailed Tender Evaluation Report that describes the evaluation process,

lists tender evaluation panel, strengths and weaknesses of each tender deals

with alternative tender and recommends the winning tender is attached to this

report as a confidential attachment.

The Evaluation Panel was in agreement that the tender response from the

Endeavour Foundation was the superior response in respect of price, value for

money, and quality. The Endeavour Foundation response scored maximum

marks from the evaluation panel in addressing the key selection non price

criteria. Endeavour is a long established employer and service provider within

the Gympie community and their intention is if awarded the contract, to

reinvest all proceeds to directly support 66 Gympie locals with disability and

other disadvantages as supported by their 39 staff from the Gympie

community. In addition they would aim to provide work experience and

training opportunities for volunteers, school leavers and “Work for Dole”

individuals in their operations –further supporting the community by

imparting transferrable skills and a sense of contribution.


The tendered works are covered by the operational expenditure of Waste

Services. The tendered monthly payment for the service of $95,883.05 is

higher than the current monthly payment to Australian Red Cross of $77,000,

however, the new contract includes the sites that are currently unsupervised or

supervised via council staff. The 2017/18 Waste Services Operational Budget

will be prepared on the basis of the accepted tender price and the closure of

the Southside Transfer Station will mean the awarding of this contract will

have not negative budget impact.


The activity as described meets the requirements of Council’s Procurement

Policy, CSPOL140.

5. CONSULTATION

The change of the contractor will not significantly change the level of service

to users of the facilities, however, the public will need to be advised of the

change via media release.

6. CONCLUSION

Endeavor Foundation’s response has been evaluated as superior in respect to

price and non-price attributes. In addition the respondent is a social enterprise

that will reinvest any surpluses from this contract back into the Gympie

community.

ATTACHMENTS

1. Tender Evaluation Report - CONFIDENTIAL



⇩2. Tender Probity Statement

M27/03/17 Moved Cr DH Stewart Seconded Cr DW Dodt

That the tender of Endeavour Foundation for $95,883.05 (GST inc) per

month be accepted and a 5 year contract entered into.

Carried



AGAINST: Nil

ADMOURNMENT OF MEETING

The meeting adjourned for morning tea at 10.31am.

Cr JK Cochrane left the meeting at 11:03am

RESUMPTION OF MEETING

The meeting resumed at 11.04am.



COUNCIL IN COMMITTEE

The Mayor advised the meeting that Council was going “Into Committee” to

discuss:

1. Property Tenure Agreement

2. Gympie Rattler - Rolling Stock Procurement Strategy

M28/03/17 Moved Cr MA McDonald Seconded Cr DW Dodt

That pursuant to the provisions of Section 275 of the Local Government

Regulation 2012, Council resolves to close the meeting to the public and

move “into committee” to consider the following matter/s:-

1. Property Tenure Agreement

2. Gympie Rattler - Rolling Stock Procurement Strategy

Further, that in relation to the provisions of Section 171 of the Local

Government Act 2009, Council resolves that following the closing of the

meeting to the public and the moving ‘into committee’ that all matters

and all documents (whether in hard copy, electronic, optical, visual or

magnetic form) discussed, raised, tabled and/or considered whilst the

meeting is closed and ‘in committee’, are confidential to the Council and

the Council wishes to keep them confidential.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear

and Cr DH Stewart

AGAINST: Nil

COUNCIL OUT OF COMMITTEE

M29/03/17 Moved Cr MS Gear Seconded Cr MA McDonald

That proceedings be resumed in Open Council.

Carried


and Cr DH Stewart

AGAINST: Nil



SECTION 9: IN COMMITTEE

9.1 Property Tenure Agreement


DIRECTORATE: Corporate and Community Services

DOC ID:

This item is in-committee in accordance with s275(1)(e) of the Local

Government Regulation 2012 - contracts proposed to be made by it.

M30/03/17 Moved Cr MA McDonald Seconded Cr MS Gear

That

1. Council authorises the Chief Executive Officer to enter into a

Licence Agreement with Queensland Rail Limited over Lot 263

SP103062 and part of Lot 264 SP103062 located on Chapple Street

and Tozer Street, to commence from 1 April, 2017 for the purpose

of inclusion of the area required for the development of the Mary

Valley Rattler Railway Precinct.

2. Once the sites are transferred or leased to Council, it in turn

subleases the site to the Rattler Railway Company.

Carried


and Cr DH Stewart

AGAINST: Nil



9.2 Gympie Rattler - Rolling Stock Procurement Strategy


DIRECTORATE: Corporate and Community Services

DOC ID:

This item is in-committee in accordance with s275(1)(e) of the Local

Government Regulation 2012 - contracts proposed to be made by it.

M31/03/17 Moved Cr DW Dodt Seconded Cr DH Stewart

That:

1. Council resolves to award the Contract up to the figure of $1.42

Million to Rattler Railway Company Limited, for the Restoration of

Rail Rolling Stock to be delivered by 30 November 2017, in

accordance with the schedule of works provided by the RRC.

2. Council resolves that this Contract be awarded under the

requirements of the Local Government Act Regulations 2012 Section

6 ‘Contracting’ Part 3, Division 2, Section 235, specifically;

(a) the local government resolves it is satisfied that there is only

one supplier who is reasonably available;

(b) the local government resolves that, because of the specialised

and confidential nature of the services that are sought, it would

be impractical or disadvantageous for the local government to

invite quotes or tenders;

Carried


and Cr DH Stewart

AGAINST: Nil



SECTION 10: ATTACHMENTS

5.1 Building Approvals for February 2017

ATTACHMENT 1 BUILDING APPROVALS FEBRUARY 2017 ................................................. 41

5.2 Draft Local Government Infrastructure Plan for Public Consultation

ATTACHMENT 1 DRAFT LGIP FOR FIRST STATE INTEREST REVIEW .................................... 77

7.1 Administrative Action Complaints Process Review

ATTACHMENT 1 ADMINISTRATIVE ACTION COMPLAINTS PROCESS ................................ 105

7.2 Gympie Water Technical Advisory Group

ATTACHMENT 1 GYMPIE WATER TECHNICAL ADVISORY GROUP .................................... 113

8.2 Tender of "Provision of Gatekeeping and Recycling Services for Waste

Management Facilities" 2016-2017 T012

ATTACHMENT 2 TENDER PROBITY STATEMENT ................................................................. 122

There being no further business the meeting closed at 11.16am

Confirmed this NINETEENTH day of APRIL 2017

________________________

Cr MW Curran

CHAIRMAN


Item 5.1 Building Approvals for February 2017

Attachment 1 Building Approvals February 2017















































































































































Item 5.2 Draft Local Government Infrastructure Plan for Public Consultation

Attachment 1 Draft LGIP for First State Interest Review















































































































Item 7.1 Administrative Action Complaints Process Review

Attachment 1 Administrative Action Complaints Process


ADMINISTRATIVE ACTION COMPLAINTS PROCESS

1.0 INTRODUCTION

Council is committed to providing a level of customer service that does not attract complaints, but

acknowledges the rights of affected persons to provide feedback, both positive and negative, on its

services and/or to lodge a complaint about a decision or other action it takes.

2.0 PURPOSE

Council has developed this Administrative Actions Complaints Process in recognition of the need to

manage complaints efficiently, effectively, objectively and fairly, as well as to ensure compliance with

relevant legislation.

3.0 LEGISLATIVE BASIS

Local Government Act 2009

Local Government Regulation 2012

Information Privacy Act 2009

Ombudsman Act 2001

4.0 APPLICATION/SCOPE

This complaints process has been established for resolving complaints by affected persons (see Section

10.0 Definitions) about the administrative actions of Council.

The legislative definition of an administrative action complaint is as outlined in Section 10.0 Definitions of

this document.

The Administrative Actions Complaints Process does not apply to:

(i) competitive neutrality complaints (refer Chapter 3, Part 2 of the Act – OCP151); or

(ii) complaints about Councillors including the Mayor (refer to Councillor Complaints Process) ; or

(iii) complaints made under the Public Interest Disclosure Act 2010; or

(iv) complaints about the conduct of staff or contractors; and

(v) complaints about anti-discrimination, equal employment opportunity policy or industrial matters

including the Enterprise Bargaining Agreement (refer to grievance process outlined in section 8 of

GRC Certified Agreement).

Complaints about the conduct of staff or contractors are to be referred to the Chief Executive Officer

(CEO) and will be dealt with in accordance with Council’s Staff Code of Conduct (OCPOL001) and

associated procedures, the Act and any other relevant legislation.

Complaints about the conduct or performance of the Mayor or an individual Councillor are to be referred

to the CEO and will be dealt with under a separate process in accordance with the provisions of the Act.

A complaint about the conduct or performance of the CEO is to be directed to the Mayor.

Any person may lodge a complaint alleging the corrupt conduct of a Councillor, Council employee or

contractor directly to the Crime and Corruption Commission. (www.ccc.qld.gov.au)

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





A complaint should not be confused with a service request, notification, enquiry or a suggestion. The

process for making this type of contact is outlined in Council’s Requests for Service Procedure (OCP150).

5.0 POLICY STATEMENT

Council intends to provide its customers with a level of service that it has determined its ratepayers have

the capacity to fund. Council seeks to appropriately manage feedback on its services, both positive and

negative, including managing complaints received about decisions or other actions it takes.

Within the bounds of available resources, Council is committed to a continuous improvement approach

with ongoing development and monitoring of appropriate systems, practices, procedures, policies and

services that seek to improve Council’s overall performance and address any shortcomings identified

within its customer service and business operations. Feedback received via Council’s Administrative

Actions Complaints Process forms part of the input into that continuous improvement approach.

For complaints covered by this Administrative Actions Complaints Process, Council will endeavour to

ensure that:

5.1 anyone who is dissatisfied about a decision or other action of the Council, can easily and simply

lodge a complaint;

5.2 complainants have access to information on the complaints process and, if necessary, assistance

to make their complaint;

5.3 complaints are responded to as efficiently and quickly as possible;

5.4 there is a fair, objective, consistent and confidential (subject to any legal requirements) treatment

of complaints;

5.5 a person whose rights, interests or legitimate expectations could be affected by a Council

decision or action has the right to a non-biased, impartial hearing;

5.6 all relevant, credible and disputed issues are properly examined with Council’s decision on a

complaint matter being supported by evidence;

5.7 complainants, Councillors, Council staff and contractors are treated with respect;

5.8 where a complaint is upheld, an appropriate form of redress that is fair to both the complainant

and Council is fully considered;

5.9 staff are made aware of Council’s Administrative Action Complaints Process with complaints

handling staff to receive appropriate training in all relevant processes and procedures;

5.10 except for complaints made anonymously, Council will inform an affected person in writing of the

local government’s decision about the complaint and the reasons for the decision; and

5.11 complainants will be provided with information on any internal and external review options

available.

6.0 COMPLAINTS PROCEDURE

All administrative action complaints received by Council will be assessed and processed in accordance

with the following procedure.

6.1 Who can make an administrative action complaint?





Any affected person can make an administrative action complaint. Under the legislation, an affected

person is defined as “a person who is apparently directly affected by an administrative action of a local

government”.

Where there is a need, a complaint can be made by an agent on behalf of an affected person. If a

complaint is lodged by a professional advisor eg a solicitor or accountant, the Council will respond

directly to that advisor.

Council will take all reasonable steps to confirm that the person claiming to act on behalf of the

complainant has the appropriate authority to do so. Unless the complaint is made anonymously, written

authorisation to act as the complainant’s agent will be required.

6.2 Complaining anonymously

Affected persons are able to make a complaint anonymously either in writing, via email or by telephone.

If a complainant does decide to complain anonymously, the need to provide sufficient information for

the matter to be investigated is critical. If made anonymously, it will not be possible for Council to clarify

or request further information from the complainant. Further, it will not be possible to advise the

complainant of Council’s decision and the reasons for that decision in relation to the complaint.

6.3 How to make a complaint

Affected persons can request assistance (including special needs assistance) from a Council officer on

how to make a complaint. If you need assistance in making a complaint, phone Customer Contact on

1300 307 800 or visit our Customer Service Centre.

Council will not tolerate abusive or disrespectful behaviour from persons making a complaint.

A complainant may make a complaint in any of the following ways:

orally, either by telephone or in person,

by email to [email protected], or

in writing.

All written complaints must be addressed to:

The Chief Executive Officer


PO BOX 155

GYMPIE QLD 4570

A complainant who makes a verbal complaint is strongly encouraged to commit the complaint in writing

to ensure that all matters relating to the complaint are clearly documented.

6.4 Taking action on complaints

After receiving a complaint, Council will make a decision on how best to deal with the matter. Where a

complaint is referred to an external entity, Council will inform the complainant in writing of this action.

6.4.1 Complainant to provide further information

In some cases, Council will invite an affected person to provide further information, including written

statements and evidence to support possible legal action, to assist Council to fully understand the

concerns, the issue/s to be investigated (if an investigation is to be undertaken) and the outcome or

remedy sought.

6.4.2 Assessing a complaint

https://www.gympie.qld.gov.au/contact-us

mailto:[email protected]





Council may refuse to investigate a complaint or, having started to investigate a complaint, refuse to

continue the investigation if it reasonably considers that:

(a) the complaint is trivial; or

(b) the complaint concerns a frivolous matter or was made vexatiously; or

(c) the complainant is found not be an affected person in relation to the complaint; or

(d) both of the following apply:

(i) the complainant has a right of appeal, reference or review, or another remedy, that the person

has not exhausted; and

(ii) it would be reasonable in the circumstances to require the complainant to exhaust the right or

remedy before the Council investigates, or continues to investigate, the complaint;

(e) in the circumstances, investigating the complaint is unnecessary or an unjustifiable use of Council

resources; or

(f) the complaint is made anonymously and there is insufficient information provided to investigate the

complaint.

Other than for complaints received anonymously, Council will provide the affected person with advice of

a decision to refuse to investigate the complaint and the reasons for the decision, including any internal

or external review options that are available.

6.4.3 Investigating a complaint

The investigation of a complaint will be undertaken by Council in an impartial, objective, and as far as

possible, confidential manner. The investigation of a complaint will typically involve the following stages:

information gathering, including discussions and interviews with the complainant, Council staff,

Councillors, contractors and third parties (where relevant);

analysis of all relevant information obtained;

preparation of a report on the results of the investigation (if the complaint was not resolved, or

withdrawn by the complainant during the complaints process);

formulation of findings, report and any recommendations for further discussion with the CEO

and/or for Council’s formal consideration where necessary; and

inclusion of statistics for periodic reporting to the Executive Management Team and for statutory

reporting within Council’s annual report.

At the discretion of the CEO, complaints relating to an area of control of a particular directorate will be

referred to the relevant Director to acknowledge receipt of, investigate and decide on the outcome of

the complaint matter, including providing appropriate written advice of Council’s decision to the

complainant.

Where a complaint matter relates to actions or decisions made by an individual Director, the CEO will

determine how the complaint matter will be dealt with. Such matters may be investigated on behalf of

the CEO by an alternate Director, Manager Governance, Manager POD, or another officer or third party

acting under delegated authority of the CEO.

6.4.4 Keeping the complainant informed





All administrative action complaints will be acknowledged in writing except in circumstances where it is

considered that a complaint matter may be determined within 10 business days of receipt of the

complaint.

Unless the complaint was made anonymously, Council will provide the complainant with access to

information on the Administrative Actions Complaints Process and inform the complainant in writing of

Councils’ decision and the reasons for this decision, including any internal and external review options

available.

Complaint matters will be dealt with as promptly as possible acknowledging that some matters may

involve complex issues, including referral to, and/or investigation by external agencies and third parties

where required. As such, Council is not in a position to provide standardised time frames for resolving

complaint matters.

In providing written acknowledgement to complaints received, wherever possible, an indication of the

expected time frame within which Council may be in a position to respond further to the complaint

matter is to be included.

Where extended time frames are likely to occur in finalising a specific complaint matter, Council will

inform the complainant in writing accordingly.

6.4.5 Possible remedies and redress

If a complaint is upheld, consideration is to be given to an appropriate form of redress that is fair to both

the complainant and Council. Similar remedies should be offered to all persons in a similar situation.

Examples of possible remedies that may apply include:

admission/acknowledgement of fault

issue of an apology

change of decision

change of policy, procedures or practice

change of law (eg. a local law)

refund, remission of penalty, reimbursement or waiver of debt

correction of misleading or incorrect records

explanation of how the problem occurred and action to be taken to prevent it recurring

repair or rework

technical assistance

officer training / discipline

6.4.6 Internal Review

Other than where Council’s written decision on an administrative action complaint matter has been

signed by the CEO, stating that the decision is Council’s final position on the matter, a complainant who

remains dissatisfied with Council’s decision may apply in writing to the CEO seeking an internal review of

that decision. An officer equal to, or senior to the original decision maker, who has no prior involvement

or conflict of interest in the subject matter, will conduct the internal review and provide written advice to

the complainant of the outcome of that review.

6.4.7 External Review





A complainant who remains dissatisfied with Council’s decision on an administrative action complaint

may seek an external review of that decision from an appropriate oversight agency, including via the

Queensland Ombudsman, refer www.ombudsman.qld.gov.au .

7.0 PRIVACY AND CONFIDENTIALITY

Council is committed to the privacy principles of the Information Privacy Act 2009. In protecting

confidentiality, Council will ensure that the details of the complaint, the investigation and related

decisions will be kept confidential.

While every attempt to protect confidentiality will be made, there may be occasions when disclosure of

details of a complaint may be legally required.

8.0 RECORD KEEPING AND REPORTING

Council will maintain a confidential file for administrative action complaints.

As required, Council’s annual report will include various statistical details regarding administrative action

complaints.

Information publicly reported shall include the number of:

administrative action complaints made to the local government;

administrative action complaints resolved by the local government under the complaints

management process; and

administrative action complaints not resolved by the local government under the

complaints management process.

Periodic internal reporting on a quarterly and annual basis is to be provided to the Executive

Management Team in respect to the operation of the Administrative Action Complaints Process. This

reporting will enable management to monitor the effectiveness of Council’s complaints management

system and to further identify, analyse and respond to complaint trends.

9.0 PROCESS REVIEW

This Administrative Action Complaints Process document will be reviewed formally by Council every

three years or more often as required.

10.0 DEFINITIONS

Administrative action complaint is a complaint that:

(a) is about an administrative action of a local government, including the following, for example:

(i) a decision, or a failure to make a decision, including a failure to provide a written statement of

reasons for a decision;

(ii) an act, or a failure to do an act;

(iii) the formulation of a proposal or intention;

(iv) the making of a recommendation; and

(b) is made by an affected person.

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





In deciding if a complaint is an administrative action complaint it is irrelevant-

how quickly the complaint was resolved; or

to which area of the local government the complaint was made; or

whether the complaint was a written or verbal complaint; or

whether or not the complaint was made anonymously

Affected person - is a person who is apparently directly affected by an administrative action of a local

government.

Affected person’s agent – either a professional advisor eg a solicitor or accountant, or other person

acting on authorised behalf of the affected person.

Complainant – the affected person making a complaint.

Enquiry – a request for information.

Executive Management Team – CEO, Directors and Manager People and Organisational Development.

Level of service – the current capacity of Council to provide services as determined by the funding

allocations in the annual budget at the level Council has determined the ratepayers have the capacity to

fund (eg road maintenance schedule).

Request for service – a request for the Council to take action to satisfy the needs of a customer or

ratepayer. This may be of a physical nature, such as a request to fill a pothole or to collect a stray dog, or

a request for information. See OCP150 for clarification. This is not considered to be a complaint.

Suggestion – an unsolicited idea for a proposed service or product improvement.

The Act – Local Government Act 2009.






Item 7.2 Gympie Water Technical Advisory Group

Attachment 1 Gympie Water Technical Advisory Group



































Item 8.2 Tender of "Provision of Gatekeeping and Recycling Services for Waste Management

Facilities" 2016-2017 T012

Attachment 2 Tender Probity Statement


Documents

Minutes of Ordinary Meeting - 29 March 2017 · 3/29/2017 · DOC ID: LINKS TO CORPORATE/OPERATIONAL PLAN . STRATEGIC THEMES: 3. Governance - cohesive, responsible and transparent