council minutes monday 17 september 2018

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COUNCIL MINUTES Monday 17 September 2018 Council Chambers John Brown General Manager Break O’Day Council 17 September 2018

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Page 1: COUNCIL MINUTES Monday 17 September 2018

COUNCIL MINUTES Monday 17 September 2018

Council Chambers

John Brown

General Manager

Break O’Day Council

17 September 2018

Page 2: COUNCIL MINUTES Monday 17 September 2018

| CONTENTS 2

Page 3: COUNCIL MINUTES Monday 17 September 2018

| CONTENTS 3

CONTENTS CONTENTS 3

ACKNOWLEDGEMENT OF COUNTRY.................................................................................................... 5

09/18.1.0 ATTENDANCE .................................................................................................................. 5

09/18.1.1 Present ......................................................................................................................... 5

09/18.1.2 Apologies ...................................................................................................................... 5

09/18.1.3 Leave of Absence ......................................................................................................... 5

09/18.1.4 Staff in Attendance ...................................................................................................... 5

09/18.2.0 PUBLIC QUESTION TIME .................................................................................................. 6

09/18.3.0 DECLARATION OF PECUNIARY INTEREST OF A COUNCILLOR OR CLOSE ASSOCIATE ...... 6

09/18.4.0 CONFIRMATION OF MINUTES ......................................................................................... 6

09/18.4.1 Confirmation of Minutes – Council Meeting 20 August 2018 ..................................... 6

09/18.4.2 Confirmation of Minutes – Special Council Meeting 3 September 2018 .................... 7

09/18.5.0 COUNCIL WORKSHOPS HELD SINCE 3 SEPTEMBER 2018 COUNCIL MEETING ............... 7

09/18.6.0 PLANNING AUTHORITY ................................................................................................... 8

09/18.6.1 DA 150-2018 – Two Units and Front Fence – 1 Colchis Creek Drive, St Helens .......... 8

09/18.6.2 DA 060-2018 – New Shed – 268 St Helens Point Road, Stieglitz ............................... 11

09/18.6.3 DA 181-2018 – New Shed & Carport – 1 Reserve Street, Binalong Bay .................... 14

09/18.7.0 PETITIONS ...................................................................................................................... 16

09/18.8.0 NOTICES OF MOTION .................................................................................................... 16

09/18.8.1 Notice of Motion – One Hour Parking Restriction – Clr J Drummond ....................... 16

09/18.9.0 COUNCILLOR’S QUESTIONS ON NOTICE ....................................................................... 17

09/18.9.1 Maintenance of Road to South Sister – Clr J Drummond .......................................... 17

09/18.10.0 COUNCILLOR’S QUESTIONS WITHOUT NOTICE ............................................................ 18

09/18.10.1 Triple J, One Night Stand – Clr J Drummond .............................................................. 18

09/18.10.2 Outbuildings – Clr M Osborne .................................................................................... 18

09/18.11.0 MAYOR’S & COUNCILLOR’S COMMUNICATIONS.......................................................... 19

09/18.11.1 Mayor’s Communications for Period Ending 17 September 2018 ............................ 19

09/18.11.2 Councillor’s Reports for Period Ending 17 September 2018 ..................................... 19

09/18.12.0 BUSINESS AND CORPORATE SERVICES .......................................................................... 20

09/18.12.1 Corporate Services Department Report .................................................................... 20

09/18.12.2 Monthly Financial Report ........................................................................................... 20

09/18.12.3 Visitor Information Centre Report ............................................................................. 21

09/18.13.0 WORKS AND INFRASTRUCTURE .................................................................................... 22

09/18.13.1 Works and Infrastructure Report ............................................................................... 22

09/18.13.2 Animal Control Report ............................................................................................... 22

09/18.14.0 COMMUNITY DEVELOPMENT ....................................................................................... 23

Page 4: COUNCIL MINUTES Monday 17 September 2018

| CONTENTS 4

09/18.14.1 Community Services Report ....................................................................................... 23

09/18.15.0 DEVELOPMENT SERVICES .............................................................................................. 24

09/18.15.1 Development Services Report.................................................................................... 24

09/18.15.2 Planning Approvals Issued ......................................................................................... 25

09/18.15.3 Building Services Approvals ....................................................................................... 25

09/18.16.0 GOVERNANCE................................................................................................................ 25

09/18.16.1 General Manager’s Report ......................................................................................... 25

09/18.17.0 CLOSED COUNCIL .......................................................................................................... 27

09/18.17.1 Confirmation of Closed Council Minutes – Council Meeting 20 August 2018 .......... 27

09/18.17.2 Outstanding Actions List for Closed Council .............................................................. 27

09/18.17.3 Contract 030\001\109\ 2018-2019 Bridge Replacement Package - Closed Council Item Pursuant To Section 15(2)D Of The Local Government (Meeting Procedures) Regulations 2015 ........................................................................................................ 27

09/18.17.4 Contract 030\001\110\ Parnella Stormwater Stage 2 – Catchment 2 - Closed Council Item Pursuant To Section 15(2)D Of The Local Government (Meeting Procedures) Regulations 2015 ........................................................................................................ 27

Page 5: COUNCIL MINUTES Monday 17 September 2018

| 09/18.1.1 Present 5

ACKNOWLEDGEMENT OF COUNTRY

We would like to acknowledge the Tasmanian Aboriginals as the traditional custodians of the land on which we meet today, and pay respect to the elders past and present.

09/18.1.0 ATTENDANCE

09/18.1.1 Present Mayor Mick Tucker Deputy Mayor John McGiveron Councillor Janet Drummond Councillor Barry LeFevre Councillor Glenn McGuinness Councillor Margaret Osborne OAM Councillor Hannah Rubenach-Quinn Councillor Kylie Wright

09/18.1.2 Apologies Councillor John Tucker

09/18.1.3 Leave of Absence Nil.

09/18.1.4 Staff in Attendance General Manager, John Brown Records Officer, Carol Joyce Community Services Manager, Chris Hughes (Item 1.0 – 15.1) Manager Corporate Services, Bob Hoogland (Item 6.1 – 12.3) Manager Infrastructure & Development Services, David Jolly (1.0 – 17.4) Building Services Coordinator, Jake Ihnen (Item 1.0 – 10.1, 15.2 – 16.1) Planning Officer, Chris Triebe (Item 1.0 – 6.3) Planning Coordinator, Paula Kloosterman (Item1.0 – 11.2) Planning Consultant, Rebecca Green (Item1.0 – 6.3) Communications Coordinator, Jayne Richardson (Item 1.0 – 16.1) Erica Lowry, Community Services Project Officer (Item 6.1 – 14.1)

Page 6: COUNCIL MINUTES Monday 17 September 2018

| 09/18.4.1 Confirmation of Minutes – Council Meeting 20 August 2018 6

09/18.2.0 PUBLIC QUESTION TIME Five (5) people in the gallery.

In accordance with Section 31(1) of the Local Government (Meeting Procedures) Regulations 2005 the following

questions were submitted in writing prior to the Council Meeting.

Nil.

09/18.3.0 DECLARATION OF PECUNIARY INTEREST OF A COUNCILLOR OR CLOSE ASSOCIATE

Section 48 or 55 of the Local Government Act 1993 requires that a Councillor or Officer who has an interest in any matter to be discussed at a Council

Meeting that will be attended by the Councillor or Officer must disclose the nature of the interest in a written notice given to the General Manager before the meeting; or at the meeting before the matter is discussed.

A Councillor or Officer who makes a disclosure under Section 48 or 55 must not preside at the part of the meeting relating to the matter; or

participate in; or be present during any discussion or decision making procedure relating to the matter, unless allowed by the Council.

Nil.

09/18.4.0 CONFIRMATION OF MINUTES

09/18.4.1 Confirmation of Minutes – Council Meeting 20 August 2018 OFFICER’S RECOMMENDATION: That the minutes of the Council Meeting held on the 20 August 2018 be confirmed. DISCUSSION: No discussion took place on this item. COUNCIL DECISION: 09/18.4.1.203 Moved: Clr G McGuinness/ Seconded: Clr J McGiveron That the minutes of the Council Meeting held on the 20 August 2018 be confirmed. CARRIED UNANIMOUSLY

Page 7: COUNCIL MINUTES Monday 17 September 2018

| 09/18.4.2 Confirmation of Minutes – Special Council Meeting 3 September 2018 7

09/18.4.2 Confirmation of Minutes – Special Council Meeting 3 September 2018 OFFICER’S RECOMMENDATION: That the minutes of the Special Council Meeting held on the 3 September 2018 be confirmed. DISCUSSION: No discussion took place on this item. COUNCIL DECISION: 09/18.4.2.204 Moved: Clr M Osborne / Seconded: Clr B Lefevre That the minutes of the Special Council Meeting held on the 3 September 2018 be confirmed. CARRIED UNANIMOUSLY

09/18.5.0 COUNCIL WORKSHOPS HELD SINCE 3 SEPTEMBER 2018 COUNCIL MEETING

There was a Workshop held on Monday 3 September 2018 – the following items were listed for discussion.

NTDC Presentation

TasWater Ownership Local Government Act Review Policy – LG18 Debt Collection

Review Playground Equipment Replacement Plan

St Marys Flood Risk Management Plans

Page 8: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.1 DA 150-2018 – Two Units and Front Fence – 1 Colchis Creek Drive, St Helens 8

09/18.6.0 PLANNING AUTHORITY Pursuant to Section 25 of the Local Government (Meeting Procedures) Regulations 2015 the Mayor informed the Council that it was now acting as a Planning Authority under the Land Use Planning and Approvals Act 1993.

09/18.6.1 DA 150-2018 – Two Units and Front Fence – 1 Colchis Creek Drive, St Helens

FILE REFERENCE DA 150-2018

OFFICER’S RECOMMENDATION: Pursuant to Section 57 of the Land Use Planning & Approvals Act 1993 and the Break O’Day Interim Planning Scheme 2013 that the application for UNITS X 2 AND FRONT FENCE on land situated at 1 COLCHIS CREEK DRIVE, ST HELENS described in Certificate of Title 163630/12 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 150-2018 received by Council 21 June 2018, together with all submitted documentation received and forming part of the development application, except as varied by conditions on this Planning Permit.

2. All works must be in accordance with the conditions of the Submission to Planning Authority Notice by TasWater, TWDA 2018/01130-BODC as attached to this permit.

3. Stormwater overflow from the collection tanks and other impermeable surfaces is to be disposed of within the Colchis Creek Drive kerbing in accordance with standard drawing SD-2071 and the requirements of Council’s Manager Infrastructure and Development Services.

4. No works are to commence on the new kerbside stormwater connection until a permit to

undertake works in the road reservation has been issued by Council’s Manager Infrastructure and Development Services.

5. “Flow Sheets” must be prevented over the public footpath and roadway by provision of a

grated catch drain across the driveway at the property boundary, with piped water discharged to Council’s road side kerbing. The catch drain is to be regularly maintained to ensure optimum operation at all times of the year.

6. Works on the site must not result in a concentration of flow onto other property, or cause

ponding or other stormwater nuisance.

7. All underground infrastructure including all forms of water, storm water, power, gas and telecommunication systems must be located prior to the commencement of any on-site excavation and / or construction works. Any works to be undertaken within 2 metres of any Council owned infrastructure must be done in consultation with Council’s Works Manager.

Page 9: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.1 DA 150-2018 – Two Units and Front Fence – 1 Colchis Creek Drive, St Helens 9

8. All building wastes are to be removed to the appropriate waste disposal facility to prevent an environmental nuisance being caused outside of the works site.

ADVICE

In accordance with Restrictive Covenant (a) (i) on Sealed Plan 163630, neither dwelling is to be used for any purpose other than a private dwelling house.

In accordance with Restrictive Covenant (f) on Sealed Plan 163630, the height of both dwellings is not to exceed 5.49m above the highest point of the natural surface of the land.

A copy of ‘Bushfire – prepare to survive’ should be obtained and used as a guide to preparing yourself and your property for bushfires.

All works associated with the development should be conducted in accordance with Guidelines for Soil and Water Management, Hobart City Council, available on Council’s website (http://www.bodc.tas.gov.au/webdata /resources/files/Guidelines_for_Soil_and_Water _Management.pdf). All worked areas not covered by structures must be promptly and progressively stabilised (eg revegetated) so that they will not erode and/or act as a source of sediment transfer.

Activities associated with construction works are not to be performed outside the permissible time frames listed:

Mon-Friday 7 am to 6 pm Saturday 9 am to 6 pm Sunday and public holidays 10 am to 6 pm

INTRODUCTION: Application is made for the construction of two 2-storey dwellings on a property within the General Residential Zone of St Helens. The proposal for multiple dwellings is a qualified permitted use that has been demonstrated to not adversely impact the existing permitted Residential Uses on adjoining lots. DISCUSSION:

- Clr Wright stated she had issues with the overshadowing of the development. Planning Officer advised this fits in with the scheme and the 5.5m restrictive covenant.

- Clr M Tucker also advised he opposed the application as there was not enough detail in relation to overshadowing for him to make a decisive decision on this, more work needs to be done on the shadowing diagrams. The shadowing diagram is based on the Winter Solstice and the representations received indicated that shadowing was the major concern and he stated again he can’t make a decisive decision based on the information provided as they are not showing enough detail and more work needs to be done. Planning Officer replied that shadowing is less than three (3) hours which meets the performance criteria.

- Clr Rubenach-Quinn asked about height restrictions if developments are approved outside of covenants. Planning Officer replied this it is based on LUPAA and the assessment is made under this. If it goes to appeal it would be based on this. If they were to build to 8.5m that would comply with the scheme and although it is outside the covenant it is outside Councils control to enforce and all the owners of the subdivision would have to take action in the Supreme Court against the applicant of this development.

- Clr Drummond thanked Clrs M Tucker and Wright as their concerns were the same as hers.

Page 10: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.1 DA 150-2018 – Two Units and Front Fence – 1 Colchis Creek Drive, St Helens 10

- Clr McGuinness asked if this went to appeal would the shadowing diagrams be adequate. Planning Officer replied they would be adequate and they are not talking about the sunlight into a room it is referring to the private open space.

- Clr Wright advised that the back wall of the neighbouring property is a wall of windows and this will cut out the sunlight and lose their view and they would feel like they are locked in a box. Planning Officer replied Unit 1 is fitting within the building envelope and if the newly erected fence had gone to the allowable 2.1m height that would have been more shadowing.

- Clr Drummond asked if with the new state wide scheme we could address these issues as part of that. Planning Consultant responded that part of 4.1 Planning Directive state provisions will be carried forward.

COUNCIL DECISION: 09/18.6.1.205 Moved: Clr B Lefevre/ Seconded: Clr M Osborne Pursuant to Section 57 of the Land Use Planning & Approvals Act 1993 and the Break O’Day Interim Planning Scheme 2013 that the application for UNITS X 2 AND FRONT FENCE on land situated at 1 COLCHIS CREEK DRIVE, ST HELENS described in Certificate of Title 163630/12 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 150-2018 received by Council 21 June 2018, together with all submitted documentation received and forming part of the development application, except as varied by conditions on this Planning Permit.

2. All works must be in accordance with the conditions of the Submission to Planning Authority Notice by TasWater, TWDA 2018/01130-BODC as attached to this permit.

3. Stormwater overflow from the collection tanks and other impermeable surfaces is to be disposed of within the Colchis Creek Drive kerbing in accordance with standard drawing SD-2071 and the requirements of Council’s Manager Infrastructure and Development Services.

4. No works are to commence on the new kerbside stormwater connection until a permit to

undertake works in the road reservation has been issued by Council’s Manager Infrastructure and Development Services.

5. “Flow Sheets” must be prevented over the public footpath and roadway by provision of a

grated catch drain across the driveway at the property boundary, with piped water discharged to Council’s road side kerbing. The catch drain is to be regularly maintained to ensure optimum operation at all times of the year.

6. Works on the site must not result in a concentration of flow onto other property, or cause

ponding or other stormwater nuisance.

7. All underground infrastructure including all forms of water, storm water, power, gas and telecommunication systems must be located prior to the commencement of any on-site excavation and / or construction works. Any works to be undertaken within 2 metres of

Page 11: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.2 DA 060-2018 – New Shed – 268 St Helens Point Road, Stieglitz 11

any Council owned infrastructure must be done in consultation with Council’s Works Manager.

8. All building wastes are to be removed to the appropriate waste disposal facility to prevent an environmental nuisance being caused outside of the works site.

ADVICE

In accordance with Restrictive Covenant (a) (i) on Sealed Plan 163630, neither dwelling is to be used for any purpose other than a private dwelling house.

In accordance with Restrictive Covenant (f) on Sealed Plan 163630, the height of both dwellings is not to exceed 5.49m above the highest point of the natural surface of the land.

A copy of ‘Bushfire – prepare to survive’ should be obtained and used as a guide to preparing yourself and your property for bushfires.

All works associated with the development should be conducted in accordance with Guidelines for Soil and Water Management, Hobart City Council, available on Council’s website (http://www.bodc.tas.gov.au/webdata /resources/files/Guidelines_for_Soil_and_Water _Management.pdf). All worked areas not covered by structures must be promptly and progressively stabilised (eg revegetated) so that they will not erode and/or act as a source of sediment transfer.

Activities associated with construction works are not to be performed outside the permissible time frames listed:

Mon-Friday 7 am to 6 pm Saturday 9 am to 6 pm Sunday and public holidays 10 am to 6 pm

FOR Clr J McGiveron, Clr J Drummond, Clr H Rubenach-Quinn, Clr M Osborne, Clr G

McGuinness, Clr B LeFevre AGAINST Clr M Tucker, Clr K Wright CARRIED Councillors M Tucker and K Wright abstained from voting due to not enough adequate information.

09/18.6.2 DA 060-2018 – New Shed – 268 St Helens Point Road, Stieglitz

FILE REFERENCE DA 060-2018

OFFICER’S RECOMMENDATION: After due consideration of the representation received pursuant to Section 57 of the Land Use Planning & Approvals Act 1993 and the Break O’Day Council Interim Planning Scheme 2013 that the application for Shed on land situated at 268 St Helens Point Road, Stieglitz described in Certificate of Title CT 201793/1 be APPROVED subject to the following conditions:

Page 12: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.2 DA 060-2018 – New Shed – 268 St Helens Point Road, Stieglitz 12

1. Development must accord with the Development Application DA 060-2018 received by Council 19 March 2018, and amended site plan (print date 23 Aug 2018) together with all submitted documentation received and forming part of the development application, except as varied by conditions of this Planning Permit.

2. All works must be in accordance with the conditions of the Submission to Planning Authority Notice by TasWater, TWDA 2018/00406-BODC as attached to this permit.

3. The shed is approved for non-habitable residential use only and may not be changed without written consent from Council. The installation of further facilities and/or any alterations to the shed would therefore require a further development application.

4. All stormwater runoff from the proposed building must be detained by on-site water storage systems and overflow disposed of within the confines of the property by means that will not result in soil erosion or other stormwater nuisance. Absorption drains must be of sufficient size to absorb stormwater runoff.

5. The external building materials of the shed must be of types and colours that will blend rather than contrast with the surrounding environment. Colour and material type details must be provided to the satisfaction of the Planning Co-ordinator prior to the commencement of works. Unpainted/ untreated metal surfaces will not be approved.

6. All building wastes are to be removed to the appropriate waste disposal facility to prevent an environmental nuisance being caused outside of the works site.

7. Any damage that may occur to any Council infrastructure during the construction of the proposed shed must be reinstated to the satisfaction of Council and at the cost of the developer.

ADVICE

All underground infrastructure including all forms of water, storm water, power, gas and telecommunication systems must be located prior to the commencement of any on-site excavation and/or construction works. Any works to be undertaken within 2 metres of any Council owned infrastructure must be done in consultation with Council’s Manager Works and Infrastructure.

Activities associated with construction works are not to be performed outside the permissible time frame listed:

Monday-Friday 7am to 6pm Saturday 9am to 6pm Sunday and public holidays 10am to 6pm

DISCUSSION:

- Planning Consultant stated that the plans were changed to work in with neighbour’s concerns.

- Clr M Tucker stated he was pleased to see neighbours working together.

Page 13: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.2 DA 060-2018 – New Shed – 268 St Helens Point Road, Stieglitz 13

- Clr Drummond asked how do you police conditions of the permits as the shed is not to be used for habitable purposes. Planning Coordinator replied this usually comes about from complaints from the public.

COUNCIL DECISION: 09/18.6.2.206 Moved: Clr G McGuinness/ Seconded: Clr J McGiveron After due consideration of the representation received pursuant to Section 57 of the Land Use Planning & Approvals Act 1993 and the Break O’Day Council Interim Planning Scheme 2013 that the application for Shed on land situated at 268 St Helens Point Road, Stieglitz described in Certificate of Title CT 201793/1 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 060-2018 received by Council 19 March 2018, and amended site plan (print date 23 Aug 2018) together with all submitted documentation received and forming part of the development application, except as varied by conditions of this Planning Permit.

2. All works must be in accordance with the conditions of the Submission to Planning Authority Notice by TasWater, TWDA 2018/00406-BODC as attached to this permit.

3. The shed is approved for non-habitable residential use only and may not be changed without written consent from Council. The installation of further facilities and/or any alterations to the shed would therefore require a further development application.

4. All stormwater runoff from the proposed building must be detained by on-site water storage systems and overflow disposed of within the confines of the property by means that will not result in soil erosion or other stormwater nuisance. Absorption drains must be of sufficient size to absorb stormwater runoff.

5. The external building materials of the shed must be of types and colours that will blend rather than contrast with the surrounding environment. Colour and material type details must be provided to the satisfaction of the Planning Co-ordinator prior to the commencement of works. Unpainted/ untreated metal surfaces will not be approved.

6. All building wastes are to be removed to the appropriate waste disposal facility to prevent an environmental nuisance being caused outside of the works site.

7. Any damage that may occur to any Council infrastructure during the construction of the proposed shed must be reinstated to the satisfaction of Council and at the cost of the developer.

ADVICE

All underground infrastructure including all forms of water, storm water, power, gas and telecommunication systems must be located prior to the commencement of any on-site excavation and/or construction works. Any works to be undertaken within 2 metres of any Council owned infrastructure must be done in consultation with Council’s Manager Works and Infrastructure.

Page 14: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.3 DA 181-2018 – New Shed & Carport – 1 Reserve Street, Binalong Bay 14

Activities associated with construction works are not to be performed outside the permissible time frame listed:

Monday-Friday 7am to 6pm Saturday 9am to 6pm Sunday and public holidays 10am to 6pm

CARRIED UNANIMOUSLY

09/18.6.3 DA 181-2018 – New Shed & Carport – 1 Reserve Street, Binalong Bay

FILE REFERENCE DA 181-2018

OFFICER’S RECOMMENDATION: After due consideration of the representation received pursuant to Section 57 of the Land Use Planning & Approvals Act 1993 and the Break O’Day Council Interim Planning Scheme 2013 that the application for Shed & Carport on land situated at 1 Reserve Street, Binalong Bay described in Certificate of Title CT 82118/28 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 181-2018 received by Council 23 July 2018, and amended site plan (dated 29 August 2018) together with all submitted documentation received and forming part of the development application, except as varied by conditions of this Planning Permit.

2. The shed and carport are approved for non-habitable residential use only and may not be

changed without written consent from Council. The installation of facilities and/or any alterations to the shed and carport would therefore require a further development application.

3. All stormwater runoff from the proposed building must be detained by on-site water storage systems and overflow disposed of within the confines of the property by means that will not result in soil erosion or other stormwater nuisance. Absorption drains must be of sufficient size to absorb stormwater runoff.

4. All building wastes are to be removed to the appropriate waste disposal facility to prevent

an environmental nuisance being caused outside of the works site. 5. Any damage that may occur to any Council infrastructure during the construction of the

proposed shed must be reinstated to the satisfaction of Council and at the cost of the developer.

Page 15: COUNCIL MINUTES Monday 17 September 2018

| 09/18.6.3 DA 181-2018 – New Shed & Carport – 1 Reserve Street, Binalong Bay 15

ADVICE

All underground infrastructure including all forms of water, storm water, power, gas and telecommunication systems must be located prior to the commencement of any on-site excavation and/or construction works. Any works to be undertaken within 2 metres of any Council owned infrastructure must be done in consultation with Council’s Manager Works and Infrastructure.

Activities associated with construction works are not to be performed outside the permissible time frame listed:

Monday-Friday 7am to 6pm Saturday 9am to 6pm Sunday and public holidays 10am to 6pm

DISCUSSION:

- Planning Coordinator stated that mediation with the complainants resulted in moving of the buildings around.

- Clr M Tucker expressed his thanks for the mediation as this was a good outcome. COUNCIL DECISION: 09/18.6.3.207 Moved: Clr B Lefevre/ Seconded: Clr K Wright After due consideration of the representation received pursuant to Section 57 of the Land Use Planning & Approvals Act 1993 and the Break O’Day Council Interim Planning Scheme 2013 that the application for Shed & Carport on land situated at 1 Reserve Street, Binalong Bay described in Certificate of Title CT 82118/28 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 181-2018 received by Council 23 July 2018, and amended site plan (dated 29 August 2018) together with all submitted documentation received and forming part of the development application, except as varied by conditions of this Planning Permit.

2. The shed and carport are approved for non-habitable residential use only and may not be

changed without written consent from Council. The installation of facilities and/or any alterations to the shed and carport would therefore require a further development application.

3. All stormwater runoff from the proposed building must be detained by on-site water storage systems and overflow disposed of within the confines of the property by means that will not result in soil erosion or other stormwater nuisance. Absorption drains must be of sufficient size to absorb stormwater runoff.

4. All building wastes are to be removed to the appropriate waste disposal facility to prevent

an environmental nuisance being caused outside of the works site.

Page 16: COUNCIL MINUTES Monday 17 September 2018

| 09/18.8.1 Notice of Motion – One Hour Parking Restriction – Clr J Drummond 16

5. Any damage that may occur to any Council infrastructure during the construction of the proposed shed must be reinstated to the satisfaction of Council and at the cost of the developer.

ADVICE

All underground infrastructure including all forms of water, storm water, power, gas and telecommunication systems must be located prior to the commencement of any on-site excavation and/or construction works. Any works to be undertaken within 2 metres of any Council owned infrastructure must be done in consultation with Council’s Manager Works and Infrastructure.

Activities associated with construction works are not to be performed outside the permissible time frame listed:

Monday-Friday 7am to 6pm Saturday 9am to 6pm Sunday and public holidays 10am to 6pm

CARRIED UNANIMOUSLY The Mayor advised the Council that it had now concluded its meeting as a Planning Authority under Section 25 of the Local Government (Meeting Procedures) Regulations.

09/18.7.0 PETITIONS Nil.

09/18.8.0 NOTICES OF MOTION

09/18.8.1 Notice of Motion – One Hour Parking Restriction – Clr J Drummond MOTION: A report is sought providing advice in accordance with the requirements of Section 65 of the Local Government Act 1993 for the information of Council at a future meeting and consider any advice as required from relevant State Agencies: To liaise with the relevant bodies to remove the one-hour parking restriction directly opposite the Council Chambers on the Georges Bay Esplanade, St Helens, Tasmania.

Page 17: COUNCIL MINUTES Monday 17 September 2018

| 09/18.9.1 Maintenance of Road to South Sister – Clr J Drummond 17

SUBMISSION IN SUPPORT OF MOTION: This motion seeks a removal of the one-hour parking restriction directly opposite the Council Chambers on Georges Bay Esplanade, St Helens Tasmania. Further, that we endeavour to include at least one disabled parking bay in this parking area. The parking turn-over seems to happen naturally and the one-hour restriction seems to be an unnecessary. DISCUSSION:

- Clr McGuinness stated that there were 16 spaces there and he rarely sees more than 2-3 cars parked there.

- Clr Osborne stated she is concerned about the disability car parking as this is not the best place for this being on the main street. She has no objections just something that needs to be thought about.

- Clr Lefevre stated he was in favour but the value would be negated if for example Councillors were to leave their cars there all day. Should use the parking on the foreshore.

COUNCIL DECISION: 09/18.8.1.208 Moved: Clr J Drummond / Seconded: Clr J Mc Giveron To liaise with the relevant bodies to remove the one-hour parking restriction directly opposite the Council Chambers on the Georges Bay Esplanade, St Helens, Tasmania. CARRIED UNANIMOUSLY

09/18.9.0 COUNCILLOR’S QUESTIONS ON NOTICE

09/18.9.1 Maintenance of Road to South Sister – Clr J Drummond I have recently been asked by residents to raise the condition of the road up to the south sister look at. I had reported to me today that the road is only accessible by four-wheel-drive vehicles safely. Is Council able to advise if maintenance is to be undertaken on this road, as it is an advertised tourist lookout in many of the materials relating to the Fingal Valley? If it is not a council responsibility, can we please lobby the responsible department to upgrade the road prior to the tourist season commencing in its greatest numbers?

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| 09/18.10.1 Triple J, One Night Stand – Clr J Drummond 18

Reply The road being referred to is a Forestry Tasmania Road. Forestry abandoned many of the roads in the area at the time of the forestry decline nearly a decade ago with the responsibility for roads being transferred to Parks and Wildlife Service in many cases. Council sometimes undertakes grading maintenance of the unsealed road between St Mary’s and Germantown at the request of the public, at cost to the council and by access permission. Council also periodically grades a small section of Semmens Road. Council does not maintain the steep track up to South Sisters. The forestry sector will typically upgrade their roads to support planting or logging, but do not upgrade roads for the purpose of public access.

09/18.10.0 COUNCILLOR’S QUESTIONS WITHOUT NOTICE Regulation 29 of the Local Government (Meeting Procedures) Regulations 2005 specifies that in putting a Question Without Notice a Councillor must not offer an argument or opinion, draw any inference or make any imputations except so far as may be necessary to explain the question. The Chairperson must not permit any debate of a Question without Notice or its answer.

09/18.10.1 Triple J, One Night Stand – Clr J Drummond Thanks for the ONS overall summary. Could we be provided with a full cost analysis of the costs to Council for hosting the ONS. Reply General Manager advised we are still waiting on some invoices to be received and this will be provided when available.

09/18.10.2 Outbuildings – Clr M Osborne How many actual outbuildings on a block of land is allowable and what restrictions apply. Reply Mayor Tucker advised the General Manager wouldo take on notice and asked for the address of the property Clr Osborne is concerned with to be provided.

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| 09/18.11.1 Mayor’s Communications for Period Ending 17 September 2018 19

09/18.11.0 MAYOR’S & COUNCILLOR’S COMMUNICATIONS

09/18.11.1 Mayor’s Communications for Period Ending 17 September 2018

25.08.2018 St Helens – St Helens Game Fishing Annual Dinner

30.08.2018 St Helens – Liberal Party Branch Meeting

31.08.2018 02.09.2018

St Helens – Triple J One Night Stand Event

03.09.2018 St Helens – Special Council Meeting

03.09.2018 St Helens – Council Workshop

05.09.2018 Pyengana – Interview with ABC Landline

10.09.2018 St Helen – Meeting with Huon Aquaculture for hatchery update

11.09.2018 St Helens – St Helens Neighbourhood House Annual General Meeting

17.09.2018 St Helens – Council Meeting

09/18.11.2 Councillor’s Reports for Period Ending 17 September 2018 This is for Councillors to provide a report for any Committees they are Council Representatives on and will be given at the Council Meeting.

St Helens and Districts Chamber of Commerce and Tourism –Clr Barry LeFevre o No meeting last month one to be held next month.

NRM Special Committee – Clr Margaret Osborne o The final part of the strategic plan should be presented to Council soon.

Barway Committee – Clr John McGiveron o Currently calling for tenders for the dredging – a few interested parties. Trying to find a

commercial operated to take the sand but they wouldn’t disadvantage a local sand operator. Regional Tourism Organisation (RTO) – Clr Glenn McGuinness o A meeting is scheduled for this Thursday.

Titley Shack & Binalong Bay Reference Group – Clr Glenn McGuinness o This item should be removed as no meeting has been held for some time.

Mental Health Action Group – Clr Barry LeFevre o There hasn't been a MHAG meeting recently but I did attend the Senate inquiry in to Mental

Health along with other members of our group and health professionals on September 6th at Tidal Waters. I advocated for a localised model as did Councillor Drummond. There are many improvements that have been identified and could be made to the provision of Mental Health services. In the present system there is too much bureaucracy and erosion of funding as it passes down from Government to providers.

Disability Access Committee – Clr Janet Drummond o No meeting has been held.

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| 09/18.12.1 Corporate Services Department Report 20

09/18.12.0 BUSINESS AND CORPORATE SERVICES

09/18.12.1 Corporate Services Department Report

FILE REFERENCE 018\018\001\

OFFICER’S RECOMMENDATION: That the report be received. INTRODUCTION: The purpose of this report is to provide Councillors with an update of various issues which have been dealt with in the Business and Corporate Service Department since the previous Council Meeting. DISCUSSION: No discussion took place on this item. COUNCIL DECISION: 09/18.12.1.209 Moved: Clr G McGuinness/ Seconded: Clr M Osborne That the report be received. CARRIED UNANIMOUSLY

09/18.12.2 Monthly Financial Report

FILE REFERENCE 018\018\001\

OFFICER’S RECOMMENDATION:

That the following reports for the month ending 31 August 2018 be received:

1. Trading Account Summary 2. Profit and Loss Statements 3. Financial Position 4. Cash Flow 5. Capital Expenditure

INTRODUCTION: Presented to Council are the monthly financial statements. DISCUSSION: No discussion took place on this item.

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| 09/18.12.3 Visitor Information Centre Report 21

COUNCIL DECISION: 09/18.12.2.210 Moved: Clr J Drummond/ Seconded: Clr J McGiveron That the following reports for the month ending 31 August 2018 be received:

1. Trading Account Summary 2. Profit and Loss Statements 3. Financial Position 4. Cash Flow 5. Capital Expenditure

CARRIED UNANIMOUSLY

09/18.12.3 Visitor Information Centre Report

FILE REFERENCE 040\028\002\

OFFICER’S RECOMMENDATION:

That the report be received.

INTRODUCTION:

The purpose of this report is to provide Councillors with an update of various issues which are being dealt with by the Visitor Information Centre.

DISCUSSION: No discussion took place on this item. COUNCIL DECISION: 09/18.12.3.211 Moved: Clr J Drummond/ Seconded: Clr K Wright That the report be received. CARRIED UNANIMOUSLY

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| 09/18.13.1 Works and Infrastructure Report 22

09/18.13.0 WORKS AND INFRASTRUCTURE

09/18.13.1 Works and Infrastructure Report

FILE REFERENCE 014\002\001\

OFFICER’S RECOMMENDATION: That the report be received by Council. INTRODUCTION: This is a monthly summary update of the works undertaken through the Works and Infrastructure Department for the previous month and a summary of the works proposed for the coming month, and information on other items relating to Council’s infrastructure assets and capital works programs. DISCUSSION: No discussion took place on this item. COUNCIL DECISION: 09/18.13.1.212 Moved: Clr J Drummond/ Seconded: Clr M Osborne That the report be received by Council. CARRIED UNANIMOUSLY

09/18.13.2 Animal Control Report

FILE REFERENCE 003\003\018\

OFFICER’S RECOMMENDATION: That the report be received by Council. INTRODUCTION: This is a monthly update for animal control undertaken since the last meeting of Council. DISCUSSION:

Clr Lefevre stated that we need the Dog Control Officer to be here a bit more, employing him for one (1) day a week means the other six (6) days all mayhem can break loose. Maybe extra random days.

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| 09/18.14.1 Community Services Report 23

Clr McGuinness stated there is good due diligence as the reports are very comprehensive for the limited time spent here. Need to look at more money in the budget for this area.

Clr Drummond supports Clr McGuinness’s views. There is a place for more patrols for areas with levels of issues.

Clr Wright also stated a more regular basis should make a difference.

Clr M Tucker stated that the Animal Control Officer is doing a good job and we need to look at increased budget for this position. We need to let the General Manager and the Manager Infrastructure and Development Services look at more days.

The General Manager advised that we need to vary days in areas where there are problem dogs. We do have to make sure legislation is followed.

COUNCIL DECISION: 09/18.13.2.213 Moved: Clr J McGiveron/ Seconded: Clr B Lefevre That the report be received by Council. CARRIED UNANIMOUSLY

09/18.14.0 COMMUNITY DEVELOPMENT

09/18.14.1 Community Services Report

FILE REFERENCE 011\034\006\

OFFICER’S RECOMMENDATION: That the report be received. INTRODUCTION: The purpose of this report is to provide Councillors with an update of various issues which are being dealt with by the Community Services Department. DISCUSSION:

Clr M Tucker congratulated everyone involved in the One Night Stand event.

Clr Lefevre asked what effect did this have on staff in general. General Manager advised that Community Services staff were the central point with critical roles enabling the load to be spread and cascading out to other Departments. There was good communication and quick responses. He is proud of how it all worked and also the job of the Works Department. There was great feedback from the event organisers. The event helped to develop leadership within the organisation with lot of other positives.

Clr McGuinness spoke about the recent incidents in NSW with an event that was similar and the hospitalisation and deaths of people attending, likes to think our event was run with good management.

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| 09/18.15.1 Development Services Report 24

Clr Drummond spoke about more funding for a full time Youth Worker. General Manager replied his report would touch on other activity which is focussed on youth activity.

Manager Community Services spoke about the St Marys Online Access Centre and the need to find a new location. Funding was provided to all centres and expires in June 2019. The centres are gradually being phased out due to digital infrastructure in Libraries. We need to see what the centre is being used for to help find a location. The St Marys Hall is no good due to a number of factors including the cost of wiring etc and where you move and store everything when the hall is being hired out etc also unable to wire for requirements. Clr Osborne suggested the St Marys Railway building. Manager Community Services advised this is also not really suitable. Clr Drummond asked, who do we need to speak to as there is no Manager as such. Clr Rubenach-Quinn advised there is Board that oversees the online centre and if there are problems working out who the manager is you can contact them. Clr McGuinness stated there is a move to phase out centres in rural areas and we could contact Labor MP Jen Butler as she has been able to save a few centres from closing. Clr Wright stated that there is a need for these centres as Centrelink recipients use these services to report back to Centrelink otherwise their funds can get cut off. Clr Drummond spoke about the old service station in St Marys which could be suitable and that there are properties out there. Clr M Tucker stated that we need to know who we are dealing with and allow the Manager Community Services to do research then bring something back to the next workshop. The General Manager stated we are information gathering at the moment and once we have this we can keep Councillors informed. The St Marys Hall isn’t an option and there are other alternatives just need to know the future first.

COUNCIL DECISION: 09/18.14.1.214 Moved: Clr J Drummond/ Seconded: Clr M Osborne That the report be received. CARRIED UNANIMOUSLY Adjourned for morning tea at 10.55am Meeting resumed at 11.05am

09/18.15.0 DEVELOPMENT SERVICES

09/18.15.1 Development Services Report

FILE REFERENCE 031\013\003\

OFFICER’S RECOMMENDATION: That the report be received.

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| 09/18.15.2 Planning Approvals Issued 25

INTRODUCTION: The purpose of this report is to provide Councillors with an update of various issues which have been dealt with by the Development Services Department since the previous Council meeting. DISCUSSION: No discussion took place on this item. COUNCIL DECISION: 09/18.15.1.215 Moved: Clr B Lefevre/ Seconded: Clr J McGiveron That the report be received. CARRIED UNANIMOUSLY

09/18.15.2 Planning Approvals Issued

Received.

09/18.15.3 Building Services Approvals Received.

09/18.16.0 GOVERNANCE

09/18.16.1 General Manager’s Report

FILE REFERENCE 002\012\001\

OFFICER’S RECOMMENDATION:

That the General Manager’s report be received.

INTRODUCTION:

The purpose of this report is to provide Councillors with an update of various issues which are being dealt with by the General Manager and with other Council Officers where required.

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| 09/18.16.1 General Manager’s Report 26

DISCUSSION:

General Manager spoke about the Jobs Action Package previously announced in the lead up to the State Election and noted the Skills Tasmania project which Council had been undertaking. He noted that TasCOSS have undertaken work engaging with local youth on the barriers to employment and that this work dovetailed nicely with the Skills Tasmania work which was just being completed. A meeting was held on Friday with TasCOSS and TCCI and there is a bit more work to do relating to the skill sets of future jobs and understanding the seasonal workforce nature. Housing also comes into the mix there. Clr Drummond advised that TasCOSS focuses on all areas of the municipality so maybe a venue for a meeting around Scamander to enable access to all areas.

Clr Lefevre stated that there was a fair bit of misunderstanding of what Council is actually doing as part of youth, the $40-50K budget needs explaining so people have a better understanding as on paper Council is not seen to be doing anything. General Manager advised the Learner Driver program is a significant program for youth and just a part of the variety of activities and services which Council current undertakes or has done in the past.. Clr Osborne stated most things started when we had a youth officer we are still doing. Clr McGuinness asked if there had been a review of previous youth officers work as to what they had done.

The General Manager noted that a Youth Strategy was developed to provide some context for decisions and this included looking at past activities and consultation with youth.

COUNCIL DECISION: 09/18.16.1.216 Moved: Clr B Lefevre/ Seconded: Clr K Wright That the General Manager’s report be received. CARRIED UNANIMOUSLY Clr Drummond left the room at 11.31am and returned at 11.32am Clr Wright left the room at 11.32am and returned at 11.34am Pursuant to Regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 that Council move into Closed Council.

Moved: Clr J McGiveron/ Seconded: Clr B Lefevre: That Council move into Closed Council. CARRIED UNANIMOUSLY

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| 09/18.17.1 Confirmation of Closed Council Minutes – Council Meeting 20 August 2018 27

09/18.17.0 CLOSED COUNCIL

09/18.17.1 Confirmation of Closed Council Minutes – Council Meeting 20 August 2018

09/18.17.2 Outstanding Actions List for Closed Council

09/18.17.3 Contract 030\001\109\ 2018-2019 Bridge Replacement Package - Closed Council Item Pursuant To Section 15(2)D Of The Local Government (Meeting Procedures) Regulations 2015

COUNCIL DECISION: 09/18.17.3.CC Moved: Clr M Osborne/ Seconded: Clr H Rubenach-Quinn That Council award Contract 030\001\109\ “2018-2019 Bridge Replacement Package” to BridgePro Engineering. CARRIED UNANIMOUSLY

09/18.17.4 Contract 030\001\110\ Parnella Stormwater Stage 2 – Catchment 2 - Closed Council Item Pursuant To Section 15(2)D Of The Local Government (Meeting Procedures) Regulations 2015

COUNCIL DECISION: 09/18.17.4.CC Moved: Clr J McGiveron/ Seconded: B Clr Lefevre 1) That Council award Contract 030\001\110\ “Parnella Stormwater Stage 2- Catchment 2” to

Civilscape Contracting Tasmania Pty Ltd (Civilscape). CARRIED UNANIMOUSLY Pursuant to Regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2005 that Council move out of Closed Council.

Moved: Clr M Osborne/ Seconded: Clr K Wright: That Council move out of Closed Council. CARRIED UNANIMOUSLY

IN CONFIDENCE

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| 09/18.17.4Contract 030\001\110\ Parnella Stormwater Stage 2 – Catchment 2 - Closed Council Item

Pursuant To Section 15(2)D Of The Local Government (Meeting Procedures) Regulations 2015 28

Council questioned the extent of information which could be provided to the community. The General Manager advised that the decisions of Council in relation to the Tender decisions would be provided excluding the Tender amount as per previous practice. Mayor Tucker thanked everyone for their attendance and declared the meeting closed at 11.52am. ……………………………………….. MAYOR ……………………………………… DATE