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COUNCIL MEETING MINUTES 27 April 2020

COUNCIL MEETING MINUTES - Home - Kingborough …...2020/04/27  · Ordinary Council Meeting Minutes No. 7 27 April 2020 Page 1 MINUTES of an Ordinary Meeting of Council Kingborough

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Page 1: COUNCIL MEETING MINUTES - Home - Kingborough …...2020/04/27  · Ordinary Council Meeting Minutes No. 7 27 April 2020 Page 1 MINUTES of an Ordinary Meeting of Council Kingborough

COUNCIL MEETING MINUTES

27 April 2020

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Kingborough Councillors 2018 - 2022

Mayor Councillor Dean Winter

Deputy Mayor Councillor Jo Westwood

Councillor Sue Bastone

Councillor Gideon Cordover Councillor Flora Fox

Councillor David Grace

Councillor Amanda Midgley Councillor Christian Street

Councillor Steve Wass Councillor Paula Wriedt

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Table of Contents

Item Page No.

Open Session

1 Audio Recording 1

2 Acknowledgement of Traditional Owners 1

3 Attendees 1

4 Apologies 1

C226/7-2020 5 Confirmation of Minutes 2

6 Workshops held since Last Council Meeting 2

C227/7-2020 7 Declarations of Interest 2

8 Transfer of Agenda Items 2

C228/7-2020 9 Questions Without Notice from the Public 2

9.1 Termination of Employment Due to Covid-19 2

9.2 Enter into Consultation Before any Changes Made in the Workplace 3

9.3 Explore Other Duties Before Standing Any Staff Down 3

10 Questions on Notice from the Public 3

11 Questions without Notice from Councillors 3

C229/7-2020 11.1 Re-Addressing the Council Building Surveying Services 3

C230/7-2020 11.2 Actions and Initiatives Undertaken By Council Re: Covid-19 4

C231/7-2020 11.3 Re-Opening of the Peter Murrell Reserve 4

C232/7-2020 11.4 Estimate of Revenue Reductions 4

C233/7-2020 11.5 List of Land Transport Infrastructure Projects 5

C234/7-2020 11.6 Cancelled Green Waste Weekend 5

C235/7-2020 11.7 Peter Murrell Reserve 6

C236/7-2020 11.8 Gardens Removed Within Road Reserves 6

C237/7-2020 11.9 Cost of Vandalism to Grader 7

C238/7-2020 11.10 Major Projects Bill Legislation 7

C239/7-2020 11.11 Bruny Island Ferry Sailing Times 7

C240/7-2020 11.12 Opening of Kingston Dog Beach 7

12 Matter of General Interest 8

13 Questions on Notice from Councillors 8

C241/7-2020 13.1 Declared Weeds 8

C242/7-2020 13.2 Historic Budget Information 9

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Table of Contents (cont.)

Item Page No.

14 Officers Reports to Planning Authority 10

C243/7-2020 14.1 Delegated authority for the period 11 March 2020 to 14 April 2020 10

C244/7-2020 14.2 PSA-2019-1 – Planning Scheme Amendment to Adjust Zone Boundary of the Environmental Management Zone, a Site-Specific Listing and Associated Development Application Under DAS-2019-5 for a Boundary Adjustment at Lot 3 and 757 Channel Highway, Kingston 10

C245/7-2020 14.3 PSA-2019-5 - Planning Scheme Amendment Application for Rezoning from Light Industrial to Community Purpose at 50 Huntingfield Avenue, Huntingfield for Tasmanian Catholic Education Office 11

C246/7-2020 14.4 DA-2019-655 - Development Application for Change of Use to Educational and Occasional Care (Secondary School), Alteration to Car Parking and Signage at 50 Huntingfield Avenue, Huntingfield 11

15 Notices of Motion 16

15.1 Poker Machines 16

16 Petitions still being Actioned 16

17 Petitions Received in Last Period 16

C247/7-2020 17.2 Safe Bicycle Way, Algona Road, Kingston 16

C248/7-2020 17.1 Dedicated Rate Rise to Raise the Required Shortfall for the Kingborough Council Climate Change Plan 16

18 Officers Reports to Council 17

C249/7-2020 18.1 LGAT General Meeting March 2020 - Relief Mechanisms 17

C250/7-2020 18.2 Community Grants 17

C251/7-2020 18.3 Silverwater Park Community Engagement Project 17

C252/7-2020 19 Information Reports 18

C253/7-2020 20 Confirmation of Items to be Dealt with in Closed Session 18

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Ordinary Council Meeting Minutes No. 7 27 April 2020

Page 1

MINUTES of an Ordinary Meeting of Council Kingborough Civic Centre, 15 Channel Highway, Kingston

Monday, 27 April 2020 at 5.30pm.

1 AUDIO RECORDING

The Mayor declared the meeting open at 5.30pm, welcomed all in attendance and advised that Council meetings are recorded and made publicly available on its website. In accordance with Council’s policy the Chairperson requested confirmation that the audio recording had commenced.

2 ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

The Mayor paid his respect and Council’s respect to the traditional and original owners of this land, the muwinina people. The Mayor acknowledged the contemporary Tasmania aboriginal community who have survived invasion and disposition and continue to maintain and fight for their identity, their culture and indigenous rights.

3 ATTENDEES

Councillors:

Mayor Councillor D Winter ✓ Deputy Mayor Councillor J Westwood ✓ Councillor S Bastone ✓ Councillor G Cordover ✓ Councillor F Fox ✓ Councillor D Grace ✓ Councillor A Midgley ✓ Councillor C Street ✓ Councillor S Wass ✓ Councillor P Wriedt ✓ Staff:

General Manager Mr Gary Arnold Deputy General Manager Mr Tony Ferrier Chief Financial Officer Mr John Breen Executive Manager Engineering Services Mr David Reeve Executive Manager Governance & Community Services Mr Daniel Smee Manager Development Services Ms Tasha Tyler-Moore Communications & Engagement Advisor Ms Sarah Wilcox Executive Assistant Mrs Amanda Morton

4 APOLOGIES

There were no apologies.

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C226/7-2020 (commences at ± 3 minutes of Part 1 of audio recording)

5 CONFIRMATION OF MINUTES

Moved: Cr Flora Fox Seconded: Cr Amanda Midgley

That the Minutes of the open session of the Council Meeting No. 7 held on 23 March 2020 be confirmed as a true record.

CARRIED

6 WORKSHOPS HELD SINCE LAST COUNCIL MEETING

20 April - Budget Discussions

C227/7-2020 (commences at ± 6 minutes of Part 1 of audio recording)

7 DECLARATIONS OF INTEREST

Cr Westwood declared an interest in the reports PSA-2019-5, PSA-2019-655 and the Notice of Motion headed ‘Poker Machines’.

8 TRANSFER OF AGENDA ITEMS

There were no agenda items transferred.

C228/7-2020 (commences at ± 8 minutes of Part 1 of audio recording)

9 QUESTIONS WITHOUT NOTICE FROM THE PUBLIC

Mr Aaron De La Torre of the Australian Services Union submitted the following questions without notice:

9.1 Termination of Employment Due to Covid-19

“Can the General Manager provide assurances to Kingborough Council’s employees that no employees will have their employment terminated as a result of COVID-19 and that Council will prioritise the maintenance of employment of each of their employees in any budgetary decisions moving forward?”

General Manager responds:

I’ll take the question on notice and provide a written response to the ASU later this week and I will also include my response on the Council meeting agenda for the next meeting.

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9.2 Enter into Consultation Before any Changes Made in the Workplace

“Can the General Manager assure employees of Kingborough Council that the management team will enter into consultation before any major changes are implemented in the workplace?”

General Manager responds:

I’ll take the question on notice and provide a written response to the ASU later this week and I will also include my response on the Council meeting agenda for the next meeting.

9.3 Explore Other Duties Before Standing Any Staff Down

“Can the General Manager provide a guarantee that all possible alternate duties will be explored before considering standing employees down, including things that are usually outside of Council’s core business but which assist the community with getting through, and recovering from, COVID-19? The Union can provide further details and suggestions around this matter.”

General Manager responds:

I’ll take the question on notice and provide a written response to the ASU later this week and I will also include my response on the Council meeting agenda for the next meeting.

10 QUESTIONS ON NOTICE FROM THE PUBLIC

At the time the Minutes was compiled there were no Questions on Notice from the Public.

11 QUESTIONS WITHOUT NOTICE FROM COUNCILLORS

C229/7-2020 (commences at ± 11 minutes of Part 1 of audio recording)

Cr Grace asked the following question without notice:

11.1 Re-Addressing the Council Building Surveying Services

In the report that was put before Council in 2019, it didn’t really state how much impact that this would cause to our residents and ratepayers. Can we as a Council come back and readdress this policy? I quote 2.4 “In order to continue to provide Part 2 of the Building Surveying Services for the Council certified works, Council engaged a private building surveyor consultant to undertake the works”. What works? How did the building surveyor come out and tell the public that Council are no longer doing that and the current high demands on building services resulting from Tasmanian Planning? Can we have a workshop on this or can we re-address this with the government because it runs out in the next few months and people have no hope in getting a building surveyor.

General Manager responds:

I’m happy to take your question on notice. It will require some follow up and it will be placed on the agenda for the next meeting.

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Cr Grace:

Where the private building surveyors have issued a certificate of occupancy, why then have those residents been fined for not complying?

General Manager:

If a resident has a certificate of occupancy that has been issued by a building surveyor, they would not have received notification from this Council. We have only notified those residents who have uncompleted buildings and, in each case, do not have a certificate of occupancy currently.

C230/7-2020 (commences at ± 17 minutes of Part 1 of audio recording)

Cr Midgley asked the following questions without notice:

11.2 Actions and Initiatives Undertaken By Council Re: Covid-19

Can we please have a brief description in the next Council agenda regarding the actions and initiatives that Council have done since Covid-19?

General Manager responds:

I’m happy to provide an information report to the next Council meeting. C231/7-2020 (commences at ± 18 minutes of Part 1 of audio recording)

11.3 Re-Opening of the Peter Murrell Reserve

Have we considered writing a letter to the Premier regarding the closure of the Peter Murrell Reserve?

Executive Manager Governance & Community Services responds:

Through the Incident Management Team and through our Emergency Management Coordinator we have raised this issue at the southern regional level and there is a representative from Parks and Wildlife on that Southern Regional Emergency Management Committee and we have certainly raised that as a concern and requested that Peter Murrell Reserve and a number of our other local reserves be opened as a matter of priority to allow the community to undertake exercise and to take the pressure off our own walking trails and our own reserves, which are becoming rather crowded, given that they are being concenrated in one area.

C232/7-2020 (commences at ± 19 minutes of Part 1 of audio recording)

11.4 Estimate of Revenue Reductions

What does staff estimate the revenue reductions to be going into the first financial quarter?

Chief Financial Officer responds:

Based on the potential of a rate freeze and if the current lockdown continues up until the end of September, our best estimate of the reduction revenue would be approximately $2 million.

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Cr Midgley:

When will Council be presented with a full budget estimates proposal?

Chief Financial Officer:

After the decision is made tonight we will sit down and re-evaluate the budget and my understanding is there will be a workshop in the not too distant future to discuss the full budget.

C233/7-2020 (commences at ± 20 minutes of Part 1 of audio recording)

11.5 List of Land Transport Infrastructure Projects

Did we receive a letter from the Deputy Premier and Minister for Infrastructure requesting a list of land transport infrascturue projects and, if we did, what was on that list?

General Manager responds:

Yes, we did receive a letter and we did respond to that letter last month. The projects that were identified met the criteria for land transport infrastructure projects with pretty narrow parameters for the criteria but we submitted projects for the Spring Farm connector road through to Kingston View through to Summerleas Road intersection incorporating road improvements and additional parking. We also submitted Channel Highway Kingston CBD upgrades.

C234/7-2020 (commences at ± 22 minutes of Part 1 of audio recording)

Cr Westwood asked the following question without notice:

11.6 Cancelled Green Waste Weekend

What was the budgeted cost of the cancelled free green waste weekend at Barretta and Bruny Island on 25 and 26 April?

Executive Manager Engineering Services responds:

That was $17,000 that we budget for each of the green waste weekends that we run during the year.

Cr Westwood:

Has consideration been given to using an equivalent amount, for example, the $17,000 to offer green waste disposal to residents in an alternative way while still adhering to social distancing requirements?

Executive Manager Engineering Services:

We did give some considerations to replacing the free green waste weekend with a number of weekends based on a suburb basis but thought that might be a little difficult to manage administratively. We also considered the idea of whether or not a voucher system could work as well. Once again, we thought that could be a little difficult to implement in a short period of time. The approach we have taken is that we believe that if some of the restrictions change, we may well look at relooking at the issue and having a green waste weekend of some ilke further down the track.

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C235/7-2020 (commences at ± 24 minutes of Part 1 of audio recording)

11.7 Peter Murrell Reserve

I have been contacted by a lot of residents who would like the Peter Murrell Reserve opened in order to take some of the pressure off our other public open spaces where a lot of people are exercising at the moment. Who manages Peter Murrell Reserve?

Executive Manager Governance & Community Services responds:

It’s managed by the Parks and Wildlife Service.

Cr Westwood:

Do we have any influence over whether it can or can’t be reopened?

Executive Manager Governance & Community Services:

We have no legal authority over that reserve. All we can do is advocate in relation to the needs of the community.

Cr Westwood:

I understand from Cr Midgley’s question previously that we have written to the Premier. Is that correct and what did the letter say?

Mayor:

We haven’t written to the Premier at this stage. The advocacy has come through the Southern Regional Emergency Management Committee. I do intend to write a letter to support the views of the officers and also the same points of view that you and Cr Midgley have articulated, from Howden residents in particular, but not only that but other tracks and trails. There are numerous in the Kingborough municipality but the point is that with these tracks, trails and reserves closed it’s putting more pressure on Council operated public spaces. Kingston Beach has never been so full as it is as the moment and it’s making social distancing even more difficult.

C236/7-2020 (commences at ± 26 minutes of Part 1 of audio recording)

Cr Street asked the following question without notice:

11.8 Gardens Removed Within Road Reserves

It has been noted by a couple of ratepayers in correspondence to me that there have been some gardens within the road reserve removed by Council staff over the last couple of weeks. I’m just wondering what the plans are with those road reserve gardens, if any?

Executive Manager Engineering Services responds:

I will take that one on notice as I’m not aware of the particular area. Do you have any further information as to exactly there they were?

Cr Street:

The area of Roslyn Avenue between the Jindabyne Road roundabout and the Algona Road roundabout.

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C237/7-2020 (commences at ± 27 minutes of Part 1 of audio recording)

Cr Grace asked the following question without notice:

11.9 Cost of Vandalism to Grader

What was the cost to the damage to the road grader that was vandalised at the Margate tip some time back?

Executive Manager Engineering Services responds:

I don’t have the exact cost at the moment so will take the question on notice.

C238/7-2020 (commences at ± 28 minutes of Part 1 of audio recording)

Cr Cordover asked the following question without notice:

11.10 Major Projects Bill Legislation

Does Council have a position or has it made any public statements or does it have any intention to make a public statement based on the Major Projects Bill?

Mayor responds:

No to all your questions. Not at this stage.

C239/7-2020 (commences at ± 29 minutes of Part 1 of audio recording)

Cr Bastone asked the following questions without notice:

11.11 Bruny Island Ferry Sailing Times

Has the Bruny ferry limited sailing times had any impact on Council work?

General Manager responds:

No, no matters have been brought to my attention so I’m not aware of any impacts to Council operations. As you know Mr Ferrier sits on the Bruny Island Ferry Reference Committee and may wish to also add to my answer.

Deputy General Manager:

No, I’m not aware of any problems. I’m aware of some inspectors who have gone over there and found they have had to spend more time on Bruny than they might have because of the lack of ferries during the middle of the day. But that’s been more of an inconvenience than a problem and it may mean that they would have to accumulate a few more jobs before going over there. I would say in the case of the field staff, there are still ferries early in the morning and late in the afternoon and that suits them.

C240/7-2020 (commences at ± 30 minutes of Part 1 of audio recording)

11.12 Opening of Kingston Dog Beach

If you Google Kingston Dog Beach it is still saying that it’s closed. Are we able to change this?

Mayor responds:

We will take this on notice and follow it up.

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12 MATTER OF GENERAL INTEREST

Cr Grace advised of the passing of former Bruny Island councillor Graham Weeding.

13 QUESTIONS ON NOTICE FROM COUNCILLORS

C241/7-2020 (commences at ± 33 minutes of Part 1 of audio recording)

13.1 Declared Weeds

At the Council meeting on 23 March 2020, Cr Cordover asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

Declared weeds are a problem in our municipality including on road sides and verges that are under the control of the State Government and the Department of State Growth that then spread to other areas at great cost to Council. Noting Council’s ability to serve notices on residents to compel them to deal with weeds on their property, will Council consider serving a notice to the State Government’s Department of State Growth requiring them to deal with weeds on the side of state highways?

Officer’s Response:

Weeds can be defined into three discrete categories; declared Zone A (those weeds targeted for eradication), declared Zone B (those weeds targeted for containment) and environmental weeds (or non-declared weeds). The state government legislates which species are to be treated as Zone A and Zone B weeds within each municipality. It is these zonings that provide the legislative powers to issue a requirement notice and establish the management requirements for a species.

Council currently provides a fee for service to the Department of State Growth (DSG) under the priority weed control program. Council’s weed crew delivers the management of priority species within DSG road reserves. Kingborough has provided this service for the past three years. To our knowledge, the only Zone A weed on State Growth land tenure where we are unable to manage all known infestations within the available budget is pampas grass, due to the widespread nature and difficult to access locations. However, State Growth invested considerable funding on pampas grass last season in Kingborough, in fact they spent over $5000 on one site alone and employed the latest drone technology to access the most difficult of sites.

Whilst State Growth owns a significant amount of land not only in Kingborough, but across Tasmania, it can be demonstrated that they are making significant attempts to actively control pampas grass. Likewise, if a ratepayer were to own a large parcel of land and were to demonstrate to Council that they were actively managing an infestation, they too would be afforded certain allowances and tolerances whilst bringing that infestation under control rather than be targeted for enforcement.

The same too can be implied for Zone B weeds within the municipality, however these often have other complexities due to the containment requirements associated with the species. Again, if a landowner has paddocks of Spanish heath and their neighbour requested compliance and that landowner could demonstrate that they were actively managing the infestation, it is highly unlikely that Council would issue a requirement notice or that Biosecurity Tasmania would support any enforcement actions should they be required to.

If we are consistent in our approach, within the 2018-2019 season, State Growth spent in the vicinity of $40,000 on Spanish heath alone within the Kingborough municipality, demonstrating

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that they are making a reasonable attempt to actively manage the ‘infestation’ across the municipality. This example has been chosen as the most prominent zone B weed within the road reserves, both State Growth and Council owned.

Unfortunately, the nature of roadside weeds makes them highly visible, yet they are fraught with issues when it comes to controlling weeds within them. Council also experiences the same difficulties managing roadside weeds, and as such, has had to undertake a prioritisation process. This means that some roads and declared weeds may go untreated for many years. Such a prioritisation process ensures that funding is spent in the most effective and efficient manner.

Like Council, State Growth’s strategic weed program has grown and developed significantly over the years. Raising any concerns directly with State Growth and providing them an opportunity to address them would be beneficial. State Growth are demonstrating that they are dedicated to their strategic weed control program and continuing to improve upon it, and as such staff advise against serving a requirement notice.

Jon Doole, Manager Environmental Services C242/7-2020 (commences at ± 33 minutes of Part 1 of audio recording)

13.2 Historic Budget Information

At the Council meeting on 23 March 2020, Cr Westwood asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

In the lead up to public consultation for the 2020 Draft Budget and Operating Plans, could you please document in the Minutes the annual budget deficits/surplus amounts listed in various Annual Reports for the past 13 years, along with the accompanying cash reserves for the same period.

Officer’s Response:

Council has only reported the Annual Budget Surplus (Deficit) in the Annual Report from 2010/11.

YEAR Budget Surplus $'000

Cash & Cash Equivalents $'000

2018/2019 1,083 8,287

2017/2018 366 10,194

2016/2017 294 9,571

2015/2016 169 7,407

2014/2015 (1,365) 10,557

2013/2014 (1,725) 8,343

2012/2013 (2,089) 12,031

2011/2012 (2,608) 13,164

2010/2011 4,873 15,440

2009/2010 15,210

2008/2009 26,077

2007/2008 21,136

2006/2007 16,809

John Breen, Chief Financial Officer

OPEN SESSION ADJOURNS

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PLANNING AUTHORITY IN SESSION

Planning Authority commences at 6.05PM

14 OFFICERS REPORTS TO PLANNING AUTHORITY

C243/7-2020 (commences at ± 33 minutes of Part 1 of audio recording)

14.1 DELEGATED AUTHORITY FOR THE PERIOD 11 MARCH 2020 TO 14 APRIL 2020

Moved: Cr Paula Wriedt Seconded: Cr Jo Westwood

That the report be noted.

CARRIED

C244/7-2020 (commences at ± 53 minutes of Part 1 of audio recording)

14.2 PSA-2019-1 – PLANNING SCHEME AMENDMENT TO ADJUST ZONE BOUNDARY OF THE ENVIRONMENTAL MANAGEMENT ZONE, A SITE-SPECIFIC LISTING AND ASSOCIATED DEVELOPMENT APPLICATION UNDER DAS-2019-5 FOR A BOUNDARY ADJUSTMENT AT LOT 3 AND 757 CHANNEL HIGHWAY, KINGSTON

Moved: Cr David Grace Seconded: Cr Paula Wriedt

That Council resolves that:

a) Council notes the representations to PSA-2019-1 and DAS-2019-5, together with the officer’s responses;

b) Council recommend to the Tasmanian Planning Commission that the draft development permit (DAS-2019-5) be modified considering the concerns raised by the representations and as per Attachment 3 of this report;

c) Pursuant to section 39(2)(a) of the former provisions of the Land Use Planning and Approvals Act 1993, Council forward a copy of this report to the Tasmanian Planning Commission.

CARRIED

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C245/7-2020 (commences at ± 1 hour, 3 minutes of Part 1 of audio recording)

14.3 PSA-2019-5 - PLANNING SCHEME AMENDMENT APPLICATION FOR REZONING FROM LIGHT INDUSTRIAL TO COMMUNITY PURPOSE AT 50 HUNTINGFIELD AVENUE, HUNTINGFIELD FOR TASMANIAN CATHOLIC EDUCATION OFFICE

Moved: Cr Paula Wriedt Seconded: Cr Jo Westwood

That Council resolves that the report of the Manager Development Services be received and that:

(a) Pursuant to section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, Council resolve to initiate Amendment PSA-2019-5 to the Kingborough Interim Planning Scheme 2015;

(b) Pursuant to section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, Council certify that Amendment PSA-2019-5 to the Kingborough Interim Planning Scheme 2015 meets the requirements of section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager to sign the Instrument of Certification;

(c) Pursuant to section 56S of the Water and Sewer Industry Act 2008, Council refers Amendment PSA-2019-5 to TasWater; and

(d) Pursuant to section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, Council place Amendment PSA-2019-5 to the Kingborough Interim Planning Scheme 2015 on public exhibition for a period of at least 28 days following certification and include referral to Tasmania Fire Service.

CARRIED

C246/7-2020 (commences at ± 1 hour, 16 minutes of Part 1 of audio recording)

14.4 DA-2019-655 - DEVELOPMENT APPLICATION FOR CHANGE OF USE TO EDUCATIONAL AND OCCASIONAL CARE (SECONDARY SCHOOL), ALTERATION TO CAR PARKING AND SIGNAGE AT 50 HUNTINGFIELD AVENUE, HUNTINGFIELD

Moved: Cr David Grace Seconded: Cr Flora Fox

That the Planning Authority resolves that the report of the Manager Development Services be received and that the change of use to educational and occasional care (secondary school), alteration to car parking and signage at 50 Huntingfield Avenue, Huntingfield for Tasmanian Catholic Education Office be approved subject to the following conditions:

1. Except as otherwise required by this Permit, use and development of the land must be substantially in accordance with Development Application No. DA-2019-655 and Council Plan Reference No. P1 submitted on 14 November 2019. This Permit relates to the use of land or buildings irrespective of the applicant or subsequent occupants, and whoever acts on it must comply with all conditions in this Permit. Any amendment, variation or extension of this Permit requires further planning consent of Council.

2 The developer must enter into a planning agreement under section 71 of the Land Use Planning and Approvals Act 1993 which provides a mechanism to reassess the need for

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traffic management measures for the proposed use and development into the future as the number of students and staff increase with the school’s expansion.

The Part 5 agreement must require an amended Traffic Impact Assessment (TIA) by the same consultancy to be provided no later than 31 October 2022 on the basis of a revised traffic projection to the Year 2023. The TIA must include, but not be limited to, the following:

• traffic surveys conducted during the ordinary schooling year to ensure the most appropriate information is captured.

• recommendations for any road or traffic modifications required to manage issues of traffic movement and generation as a result of the use of the site as a school.

• suggested timing for any such works to be undertaken.

• any limitations, if necessary, on the number of students or staff on the site to ensure that offsite impacts are minimised.

The Part 5 agreement must detail:

• that any modifications to the road network or infrastructure must be through written agreement with Council and the Department of State Growth as appropriate.

• the timing of any required (and agreed) works must be in agreement with the Council before the number of students reaches 450 (it is expected that the increased number of staff will correlate with the number of students and therefore is not specified).

• that any costs of modifications to the road network or infrastructure must be borne by the owner/operator of the site.

The terms of the Part 5 agreement must be to the satisfaction of the Manager Development Services.

All costs associated with drafting and registering the Part 5 Agreement on the title are to be borne by the developer. All terms of this Agreement must be complied with once executed.

Please note, planning permits containing a requirement for a Part 5 Agreement are not valid until such time as the Agreement is executed, as specified in the Land Use Planning and Approvals Act 1993. Therefore the above Agreement must be signed and sealed prior to the Planning Permit coming into effect and commencement of works. A template, and a checklist for the process of drafting and lodging such an Agreement, may be obtained from Council’s planning team.

3. The approval is granted for a maximum of 565 students at 50 Huntingfield Avenue campus and 362 students at the existing Nautilus Grove campus in the year 2023.

4. Hours of operation must be within:

(a) 8.00 am to 8.00 pm Mondays to Fridays inclusive;

(b) 9.00 am to 6.00 pm Saturdays;

(c) 10.00 am to 5.00 pm Sundays and Public Holidays;

except for office and administrative tasks.

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5. Commercial vehicle movements, (including loading and unloading and garbage removal), to or from the site must be within the hours of:

(a) 7.00 am to 6.00 pm Mondays to Fridays inclusive;

(b) 9.00 am to 5 pm Saturdays;

(c) 10.00 am to 12 noon Sundays and Public Holidays.

6. Prior to the commencement of operation, a vehicle movement plan must be established and communicated to all carpark users. The plan must include appropriate signage within the carpark to guide users.

7. Prior to the commencement of operation, school zone speed (40km/h) and appropriate signage plan must be established for the site by a suitable qualified traffic engineer. The plan must be approved by the relevant Authorities (Department of State Growth and Council) prior to implementation. A Permit to carry out works within a Council road reservation must be obtained prior to any works commencing within the Council road reservation for implementation of the school zone.

8. Prior to the commencement of operation, a bicycle parking area is required to be established with a minimum capacity of 61 parking spaces.

9. The conditions as determined by TasWater, and set out in the attached Appendix A, form part of this permit.

ADVICE

A. In accordance with section 53(5) of the Land Use Planning and Approvals Act 1993 this permit lapses after a period of two years from the date on which it is granted if the use or development in respect of which it is granted is not substantially commenced within that period.

B. The possible bus parking area if implemented requires widening of the access driveway to Huntingfield Avenue and requires a separate works approval. A Permit to carry out works within a Council road reservation must be obtained prior to any works commencing within the Council road reservation

C Separate planning application must be made to Council for new signage or any changes other than changes to the graphics of the existing sign, including text, graphic design and colour.

D. The approval in this permit is under the Land Use Planning and Approvals Act 1993 and does not provide any approvals under other Acts including, but not limited to Building Act 2016, Urban Drainage Act 2013, Food Act 2003 or Council by-laws.

If your development involves demolition, new buildings or alterations to buildings (including plumbing works or onsite wastewater treatment) it is likely that you will be required to get approvals under the Building Act 2016. Change of use, including visitor accommodation, may also require approval under the Building Act 2016. Advice should be sought from Council’s Building Department or an independent building surveyor to establish any requirements.

CARRIED

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PLANNING AUTHORITY SESSION ADJOURNS

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OPEN SESSION RESUMED

Open Session resumes at 7.05pm

15 NOTICES OF MOTION

15.1 Poker Machines

This motion was withdrawn.

16 PETITIONS STILL BEING ACTIONED

There are no petitions still being actioned.

17 PETITIONS RECEIVED IN LAST PERIOD

C247/7-2020 (commences at ± 1 hour, 37 minutes of Part 1 of audio recording)

17.2 SAFE BICYCLE WAY, ALGONA ROAD, KINGSTON

Moved: Cr Flora Fox Seconded: Cr David Grace

That the petition containing 6 signatures be received and referred to the appropriate Department for a report to Council.

CARRIED

C248/7-2020 (commences at ± 1 hour, 33 minutes of Part 1 of audio recording)

17.1 DEDICATED RATE RISE TO RAISE THE REQUIRED SHORTFALL FOR THE KINGBOROUGH COUNCIL CLIMATE CHANGE PLAN

Moved: Cr Steve Wass Seconded: Cr Amanda Midgley

That the petition containing 147 signatures be received and referred to the appropriate Department for a report to Council.

CARRIED

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18 OFFICERS REPORTS TO COUNCIL

C249/7-2020 (commences at ± 1 hour, 38 minutes of Part 1 of audio recording)

18.1 LGAT GENERAL MEETING MARCH 2020 - RELIEF MECHANISMS

Moved: Cr Christian Street Seconded: Cr David Grace

That Council resolve to adopt Motions 1, 2, 3, 4b & 5 for reasons outlined in the report.

In Favour: Crs Dean Winter, Jo Westwood, Gideon Cordover, David Grace, Amanda Midgley, Christian Street, Steve Wass and Paula Wriedt

Against: Crs Sue Bastone and Flora Fox

CARRIED 8/2

Cr Wriedt left the meeting at 7.44pm Cr Wriedt returned at 7.48pm The meeting adjourned at 7.49pm The meeting resumed at 7.55pm C250/7-2020 (commences at ± 2 minutes of Part 2 of audio recording)

18.2 COMMUNITY GRANTS

Moved: Cr Amanda Midgley Seconded: Cr Gideon Cordover

That Council approves a targeted, quick turnaround grant round that will encourage community groups and organisations to devise innovative programs in response to the Coronavirus pandemic. The maximum amount available per application will remain at $3000.

CARRIED

C251/7-2020 (commences at ± 12 minutes of Part 2 of audio recording)

18.3 SILVERWATER PARK COMMUNITY ENGAGEMENT PROJECT

Moved: Cr David Grace Seconded: Cr Sue Bastone

That:

(a) Council notes the activities undertaken to date as part of the Silverwater Park engagement project, the results of those activities, and the unfortunate impact of the current pandemic on planned in-school engagement activities; and

(b) a further report be provided to Council upon completion of the engagement project, including recommendations relating to possible upgrades to Silverwater Park and the extent to which further community engagement will be undertaken and how this will inform design decisions.

CARRIED

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C252/7-2020 (commences at ± 28 minutes of Part 2 of audio recording)

19 INFORMATION REPORTS

Moved: Cr Amanda Midgley Seconded: Cr Flora Fox

That the following information reports be noted:

1. Mayor's Communications.

2. Financial Report for the period 1 July 2019 to 31 March 2020.

3. Kingston Park Implementation Report.

In Favour: Crs Dean Winter, Jo Westwood, Sue Bastone, Gideon Cordover, Flora Fox,

Amanda Midgley, Christian Street, Steve Wass and Paula Wriedt

Against: Cr David Grace

CARRIED 9/1

C253/7-2020

20 CONFIRMATION OF ITEMS TO BE DEALT WITH IN CLOSED SESSION

Moved: Cr Christian Street Seconded: Cr Gideon Cordover

That in accordance with the Local Government (Meeting Procedures) Regulations 2015 Council, by absolute majority, move into closed session to consider the following items:

Confirmation of Minutes

Regulation 34(6) In confirming the minutes of a meeting, debate is allowed only in respect of the accuracy of the minutes.

Applications for Leave of Absence

Regulation 15(2)(h) applications by councillors for a leave of absence

CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY

In accordance with the Kingborough Council Meetings Audio Recording Guidelines Policy, recording of the open session of the meeting ceased.

Open Session of Council adjourned at 8.08pm

OPEN SESSION ADJOURNS

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OPEN SESSION RESUMES

Open session resumes at 9.23pm

C254/7-2020

Moved: Cr Sue Bastone Seconded: Cr Flora Fox

The Closed Session of Council having met and dealt with its business resolves to report that it has determined the following:

Item Decision

Confirmation of Minutes Confirmed

Withdrawal of Application for Leave of Absence Approved

CARRIED

CLOSURE

There being no further business, the Chairperson declared the meeting closed at 9.24pm.

……………………………… …………………………………….

(Confirmed) (Date)