COUNCIL MINUTES - Kingborough Council€¦ · COUNCIL MINUTES . Monday, 22 February 2016 . Mayor Cr Steve Wass Deputy Mayor Cr Paula Wriedt Cr Richard Atkinson Cr Sue Bastone Cr Dr

COUNCIL MINUTES

Monday, 22 February 2016

Mayor Cr Steve Wass

Deputy Mayor

Cr Paula Wriedt

Cr Richard Atkinson Cr Sue Bastone Cr Dr Graham Bury Cr Flora Fox

Cr David Grace Cr Mike Percey Cr Nic Street Cr Dean Winter

CONTENTS Minute No. OPEN SESSION Agenda

Page No. Minute

Page No.

C48/3-16 C49/3-16 C50/3-16 C51/3-16 C52/3-16 C53/3-16 C54/3-16

Acknowledgement of Traditional Owners Attendees Apologies Confirmation of Minutes of Council Meeting No. 2 Held on Tuesday, 9 February 2016 Workshops held Since Council Meeting on 9 February 2016 Declarations of Interest Questions on Notice from the Public Questions Without Notice from the Public Questions on Notice from Councillors

Questions without Notice from Councillors

Public Question Time Questions without Notice from Councillors Motions of Which Notice has been Given Petitions Still Being Actioned Petitions Received in Last Period Planning Authority - Reports of Officers

Delegated Authority for the Period 26 January 2016 to 9 February 2016

PSA-2015-1 - Draft Amendment to Kingborough Interim Planning Scheme 2015 – for the Rezoning of the Portion of Land Zoned Particular Purpose - Urban Growth Zone to General Residential at 27 Spring Farm Road, Kingston;

and

DAS-2015-44 - Staged Subdivision of 210 Residential Lots, Six Public Open Space Lots, Ten Road Lots, Pump Station Lot and Balance at 27 Spring Farm Road and 34 Maddocks Road, Kingston for All Urban Planning Pty Ltd

1 1 1 2 2 2 2 2 3 3 3 4 4 4 4 5 6 9

1 1 1 2 2 2 2 2 3 3 3 4 4 4 4 4 5 5

CONTENTS Minute No. OPEN SESSION Agenda

Page No. Minute

Page No.

C55/3-16 C56/3-16 C57/3-16 C58/3-16 C59/3-16 C60/3-16

Council - Reports of Officers

Precinct Naming Competiton - Former Kingston High School Site

Corporate Communications Strategy

Installation of Telecommunications Equipment

Review of The Huon Trail Marketing Program

Information Reports

General Manager’s Report

Financials Confirmation of Items to be Dealt With in Closed Session

27

27

40

57

61

70

70

70

102

7 7 7 8 8 9 9 9

10

Council Meeting Minutes No. 3 Page | 1 Monday, 22 February 2016

MINUTES of an Ordinary Meeting of Council to be held at the Kingborough Civic Centre, Kingston on Monday, 22 February 2016 at 5.30pm.

From To Time Occupied

Open Council 5.30pm 5.37pm 7 minutes

Planning Authority 5.37pm 5.58pm 21 minutes

Open Council 5.58pm 7.24pm 1 hour, 26 minutes

Closed Council 7.24pm 8.33pm 1 hour, 9 minutes

Open Council 8.33pm 8.34pm 1 minute

TOTAL TIME OCCUPIED 3 hours, 4 minutes

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS ATTENDEES Councillors:

PRESENT ABSENT

Mayor Councillor S Wass

Deputy Mayor Councillor P Wriedt

Councillor R Atkinson

Councillor S Bastone

Councillor Dr G Bury

Councillor F Fox

(joined the meeting at 5.59pm)

Councillor D Grace

Councillor M Percey

Councillor N Street

Councillor D Winter

Staff:

TITLE NAME

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 Organisational Development Ms Pene Hughes

Manager Development Services Mrs Belinda Loxley

Media & Communications Officer Ms Sarah Wilcox

Executive Officer Mr Ian Holloway

Executive Assistant Mrs Amanda Morton

APOLOGIES There were no apologies


C48/3-16

CONFIRMATION OF MINUTES OF COUNCIL MEETING NO. 2 HELD ON TUESDAY, 9 FEBRUARY 2016

MOVED Cr Percey SECONDED Cr Grace

That the Minutes of Council Meeting No. 2 held on 9 February 2016 be confirmed.

Carried Unanimously

WORKSHOPS HELD SINCE COUNCIL MEETING ON 9 FEBRUARY 2016

DATE PURPOSE

15 February 2016 Long Term Financial Plan

Participatory Budgeting

C49/3-16

DECLARATIONS OF INTEREST

Cr Winter declared an interest in the report headed “Installation of Telecommunications Equipment” in that the development would be advantageous to his employer.

QUESTIONS ON NOTICE FROM THE PUBLIC

At the time the Agenda was compiled there were no questions on notice from the public.

QUESTIONS WITHOUT NOTICE FROM THE PUBLIC

There were no questions without notice from the public.


QUESTIONS ON NOTICE FROM COUNCILLORS

C50/3-16

Questions Without Notice From Councillors Cr Winter has submitted the following question on notice : Under current arrangements, the public record does not reflect questions asked or answers given without notice at Kingborough Council meetings. Under the Local Government (Meeting Procedures) Regulations, is it possible to include:

questions without notice;

answers to questions without notice;

answers to questions without notice where the question has been taken on notice. within Council minutes? Response: Responsible Officer: Ian Holloway - Executive Officer Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015 sets out the details relating to questions without notice. Sub-regulation (6) states “Questions without notice, and any answers to those questions, are not required to be recorded in the minutes of the meeting.”

C51/3-16

Public Question Time Cr Winter has submitted the following question on notice : Kingborough Council's Guidelines for public question time specifically state “A Question must not relate to any matter that is listed on the agenda for the meeting.” Is there any legislative requirement for that statement? If not, what is the reason for not allowing members of the public to ask questions about items on Council's agenda? Response: Responsible Officer: Ian Holloway - Executive Officer Regulation 31(7) provides that a council is to determine any other procedures (as not detailed in the regulations) to be followed in respect of public question time. Council previously determined, in adopting Policy No. 1.5 Meeting Procedures Policy, that questions asked must not relate to any matter that is listed on the agenda for the meeting.


In considering whether a question could be asked in relation of a matter on that agenda, sub-regulation 31(4) states:- “A question by any member of the public under this regulation and an answer to that question are not be debated at the ordinary council meeting.” If a question without notice relates to a matter listed within the agenda, then issues may be raised prior to Councillors having the opportunity to debate the subject and that could compromise the future debate. In addition, there is the risk that the response to the question may not ultimately be in line with the outcome of the debate by Councillors. QUESTIONS WITHOUT NOTICE FROM COUNCILLORS MOTIONS OF WHICH NOTICE HAS BEEN GIVEN On the day of compiling the Agenda no Notices of Motion had been received. PETITIONS STILL BEING ACTIONED There are no petitions still being actioned. PETITIONS RECEIVED IN LAST PERIOD On the day of compiling the Agenda no Petitions had been received.


Planning Authority Meeting commenced at 5.37pm

REPORTS OF OFFICERS

C52/3-16 (Commences at ± 7.28 minutes of audio recording)

DELEGATED AUTHORITY FOR THE PERIOD 26 JANUARY 2016 TO 9 FEBRUARY 2016

MOVED Cr Street SECONDED Cr Grace

That in accordance with Council Policy 1.1 – Delegated Authority Policy, the Planning Authority and Development Committee resolves that the report of the Manager – Development Services on Delegated Authority for the period 26 January 2016 to 9 February 2016 be received and that the information contained therein be noted.

Carried Unanimously


PSA-2015-1 - DRAFT AMENDMENT TO KINGBOROUGH INTERIM PLANNING SCHEME 2015 - FOR THE REZONING OF THE PORTION OF LAND ZONED PARTICULAR PURPOSE - URBAN GROWTH ZONE TO GENERAL RESIDENTIAL AT 27 SPRING FARM ROAD, KINGSTON;

AND

DAS-2015-44 - STAGED SUBDIVISION OF 210 RESIDENTIAL LOTS, SIX PUBLIC OPEN SPACE LOTS, TEN ROAD LOTS, PUMP STATION LOT AND BALANCE AT 27 SPRING FARM ROAD AND 34 MADDOCKS ROAD, KINGSTON FOR ALL URBAN PLANNING PTY LTD

MOVED Cr Grace SECONDED Cr Bury

That in accordance with Council Policy 1.1 – Delegated Authority Policy, the Planning Authority Committee resolves that the report of the Manager Development Services be received and that:

1. Council advise the Tasmanian Planning Commission that four (4) representations werereceived in accordance with section 39(2) of the Land Use Planning and Approvals Act 1993;and

2. A copy of Table 1 in this report is forwarded to the Tasmanian Planning Commission, beingthe Council's assessment of the merit of each representation in accordance with section39(2)(b); and


3. The Tasmanian Planning Commission be advised that Council recommends no modification to draft amendment PSA-2015-1 is required unless the maximum lot size provisions for the General Residential zone are amended, in which case expansion of the General Residential zone to the extent of the Particular Purpose Zone – Future Urban Growth is supported where it does not encroach into the Waterway and Coastal Protection Area; and

4. Council recommends that the following modifications to the Planning Permit for DAS-2015-44 are required:

A. Condition 18(g)(iv) be amended to require the existing shared footpath in Spring Farm Road to be extended for the full length of the property frontage ie from its current end to the western boundary of the subject property. The amended subclause would be as follows:

18(g)(iv) Extension of the existing shared footpath in Spring Farm Road to the east of the junction of Road 1 and Spring Farm Road for the full frontage of the property through to the western boundary of the lot.

B. Condition 18 be amended to include an additional subclause after clause (g)(vii). The new subclause would be as follows:

18(g)(viii) All points of stormwater discharge from the detention ponds must be directed to Whitewater Creek within the constraints of the property boundary.

C. Condition 39 be amended as follows:

39. Prior to construction the applicant must submit engineering drawings in both plan and long-section of all proposed internal stormwater mains, as well as the associated calculations and catchment area plans, to the approval and satisfaction of the Executive Manager - Engineering Services. These should also take into account connections, clearances, cover, grade, sizing, material, erosion protection, adequate working platforms around manholes, easements and inspection openings.

Carried Unanimously


The open session of Council resume at 5.59pm

REPORTS OF OFFICERS


PRECINCT NAMING COMPETITON - FORMER KINGSTON HIGH SCHOOL SITE

Cr Fox joined the meeting at 5.59pm MOVED Cr Wriedt SECONDED Cr Percey That the procedures, timelines and communications strategy of the naming competition be endorsed and that Option 2 of the judging protocols adopted.

Carried Unanimously


CORPORATE COMMUNICATIONS STRATEGY

MOVED Cr Grace SECONDED Cr Wriedt That the Corporate Communications Strategy 2016 be adopted. FOR

Cr Atkinson Cr Bury Cr Fox Cr Grace Cr Percey

Cr Street Cr Wass Cr Winter Cr Wriedt

AGAINST

Cr Bastone

Carried



INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT

Cr Winter left the meeting at 6.26pm MOVED Cr Street SECONDED Cr Percey That Council authorise the lodgement of a development application for the installation of a new 25 metre tower with a 3 metre turret at Sherburd Oval, Blackmans Bay and, if approved, advertise Council’s intention to lease the tower site to Optus for a 20 year period.

Carried Unanimously Cr Winter returned to the meeting at 6.39pm

C57/3-16 (Commences at ± 1.07.55 minutes of audio recording)

REVIEW OF THE HUON TRAIL MARKETING PROGRAM

MOVED Cr Street SECONDED Cr Percey That Council:

(a) no longer funds the existing Huon Trail tourism marketing program beyond the current 2015/16 year;

(b) agrees in principle to the proposal put forward by Destination Southern Tasmania to prepare and implement a tourism marketing plan that is tailored to the destinations within the Kingborough municipality; and

(c) makes the necessary preparations, in conjunction with Destination Southern Tasmania, to ensure that an effective arrangement is in place for the 2016/17 year.

Cr Wriedt left the meeting at 6.51pm Cr Wriedt returned to the meeting at 6.52pm

Carried Unanimously


INFORMATION REPORTS

C58/3-16 (Commences at ± 1.29.05 minutes of audio recording)

MOVED Cr Fox SECONDED Cr Wriedt Cr Street left the meeting at 7.01pm That the following information reports be noted : (a) General Manager’s Report;

(b) Financials.

Cr Street returned to the meeting at 7.03pm FOR

Cr Atkinson Cr Bastone Cr Bury Cr Fox Cr Percey

Cr Street Cr Wass Cr Winter Cr Wriedt

AGAINST

Cr Grace

Carried


C59/3-16

CONFIRMATION OF ITEMS TO BE DEALT WITH IN CLOSED SESSION MOVED Cr Street SECONDED Cr Bury That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 the following items are to be dealt with in Closed Session.

Matter Local Government (Meeting Procedures) Regulations 2015 Reference

Applications for Leave of Absence 15(2)(h)

Supply of One (1) Articulated Motor Grader Fitted With a Multi Tyred Roller

15(2)(d)

Tender Acceptance – AB1531 Kettering Hall Carpark Sealing, Kettering

15(2)(d)

Tender Acceptance – AB1530 Beach Road Rehabilitation and Link Road Construction, Margate

15(2)(d)

Carried Unanimously

C60/3-16

CLOSED SESSION MOVED Cr Fox SECONDED Cr Street That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 that Council move into Closed Session.

Carried Unanimously

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

The Open Session of Council adjourned at 7.24pm


C66/3-16

The Open Session of Council resumed at 8.33pm MOVED Cr Atkinson SECONDED Cr Winter The Closed Session of Council having met and dealt with its business resolves to report that it has determined the following:

Subject Decisions/Documents

Applications for Leave of Absence No Applications for Leave of Absence

Supply of One (1) Articulated Motor Grader Fitted With a Multi Tyred Roller

Successful tenderer – Hitachi Construction Machinery (Australia) Pty Ltd for the amount of $316,734

Tender Acceptance – AB1531 Kettering Hall Carpark Sealing, Kettering

Successful tenderer – State-Wide Earthworks Pty Ltd for the sum of $191,496.00 ex GST

Tender Acceptance – AB1530 Beach Road Rehabilitation and Link Road Construction, Margate

Successful tenderer – Statewide Earthworks for the reduced scope of works for the sum of $205,086.00 ex GST

Carried Unanimously CLOSURE There being no further business, the Chairperson declared the meeting closed at

8.34pm ......................................................... ........................................... (Confirmed) (Date)