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
Council Meeting Minutes No. 3 Page | 2 Monday, 22 February 2016
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.
Council Meeting Minutes No. 3 Page | 3 Monday, 22 February 2016
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.
Council Meeting Minutes No. 3 Page | 4 Monday, 22 February 2016
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.
Council Meeting Minutes No. 3 Page | 5 Monday, 22 February 2016
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
C53/3-16 (Commences at ± 8.20 minutes of audio recording)
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
Council Meeting Minutes No. 3 Page | 6 Monday, 22 February 2016
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
Council Meeting Minutes No. 3 Page | 7 Monday, 22 February 2016
The open session of Council resume at 5.59pm
REPORTS OF OFFICERS
C54/3-16 (Commences at ± 28.02 minutes of audio recording)
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
C55/3-16 (Commences at ± 33.46 minutes of audio recording)
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
Council Meeting Minutes No. 3 Page | 8 Monday, 22 February 2016
C56/3-16 (Commences at ± 54.49 minutes of audio recording)
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
Council Meeting Minutes No. 3 Page | 9 Monday, 22 February 2016
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
Council Meeting Minutes No. 3 Page | 10 Monday, 22 February 2016
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
Council Meeting Minutes No. 3 Page | 11 Monday, 22 February 2016
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)
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