council minutes monday 16 january 2017 · 01/17.17.2 lot 9 gardens road, binalong bay - closed...

COUNCIL MINUTES Monday 16 January 2017

Council Chambers

John Brown

General Manager

Break O’Day Council

16 January 2017

| CONTENTS 2

| CONTENTS 3

CONTENTS CONTENTS 3

01/17.1.0 ATTENDANCE .................................................................................................................. 5

01/17.1.1 Present ......................................................................................................................... 5

01/17.1.2 Apologies ...................................................................................................................... 5

01/17.1.3 Leave of Absence ......................................................................................................... 5

01/17.1.4 Staff in Attendance ...................................................................................................... 5

01/17.2.0 PUBLIC QUESTION TIME .................................................................................................. 6

01/17.2.1 Free Green Waste – Ms L Rhodes, Fingal .................................................................... 6

01/17.2.2 Car Parking at the Blue Tier – Auntie Gloria Andrews, St Helens ................................ 6

01/17.3.0 DECLARATION OF PECUNIARY INTEREST OF A COUNCILLOR OR CLOSE ASSOCIATE ...... 6

01/17.4.0 CONFIRMATION OF MINUTES ......................................................................................... 7

01/17.4.1 Confirmation of Minutes – Council Meeting 12 December 2016 ................................ 7

01/17.5.0 COUNCIL WORKSHOPS HELD SINCE 12 DECEMBER 2016 COUNCIL MEETING ............... 7

01/17.6.0 PLANNING AUTHORITY ................................................................................................... 8

01/17.6.1 DA235-2016 – Construction of New Dwelling, Carport and Shed – Lot 1 The Esplanade, Seymour ..................................................................................................... 8

01/17.6.2 DA233-2016 – Construction of Dwelling and Garage – 8 Malibu Street, Scamander 14

01/17.6.3 Amend Sealed Plan 100528 – Tasman Highway, Four Mile Creek ............................ 17

01/17.7.0 PETITIONS ...................................................................................................................... 18

01/17.8.0 NOTICES OF MOTION .................................................................................................... 18

01/17.9.0 COUNCILLOR’S QUESTIONS ON NOTICE ....................................................................... 18

01/17.10.0 COUNCILLOR’S QUESTIONS WITHOUT NOTICE ............................................................ 19

01/17.12.0 MAYOR’S & COUNCILLOR’S COMMUNICATIONS.......................................................... 19

01/17.11.1 Mayor’s Communications for Period Ending 16 January 2017 .................................. 19

01/17.11.2 Councillor’s Reports for Period Ending 16 January 2017 ........................................... 19

01/17.12.0 BUSINESS AND CORPORATE SERVICES .......................................................................... 20

01/17.12.1 Corporate Services Department Report .................................................................... 20

01/17.12.2 Monthly Financial Report ........................................................................................... 21

01/17.12.3 Visitor Information Centre Report ............................................................................. 21

01/17.12.4 Audit Panel – Receipt of Minutes .............................................................................. 22

01/17.13.0 WORKS AND INFRASTRUCTURE .................................................................................... 23

01/17.13.1 Works and Infrastructure Report ............................................................................... 23

01/17.13.2 Animal Control Report ............................................................................................... 23

01/17.14.0 COMMUNITY DEVELOPMENT ....................................................................................... 24

01/17.14.1 Community Services Report ....................................................................................... 24

01/17.14.2 St Helens Croquet Club – Club House ........................................................................ 25

| CONTENTS 4

01/17.14.3 Committee Representation – Australia Day Awards Committee .............................. 25

01/17.14.4 Binalong Bay Road Closure - Triathlon ....................................................................... 26

01/17.15.0 DEVELOPMENT SERVICES .............................................................................................. 28

01/17.15.1 Development Services Report.................................................................................... 28

01/17.15.2 Planning Approvals Issued ......................................................................................... 28

01/17.15.3 Building Services Approvals ....................................................................................... 28

01/17.16.0 GOVERNANCE................................................................................................................ 29

01/17.16.1 General Manager’s Report ......................................................................................... 29

01/17.16.2 Break O’Day Strategic Plan 2017-2026 ...................................................................... 30

01/17.16.3 Accelerated Local-Government Capital Program ...................................................... 31

01/17.17.0 CLOSED COUNCIL .......................................................................................................... 33

01/17.17.1 Outstanding Actions List for Closed Council .............................................................. 33

01/17.17.2 Lot 9 Gardens Road, Binalong Bay - Closed Council Item Pursuant To Section 15(2)F Of The Local Government (Meeting Procedures) Regulations 2015 ......................... 33

01/17.17.3 Parnella Catchments 3 & 5 Upgrade Construction Tender 2016 - Closed Council Item Pursuant To Section 15(2)D Of The Local Government (Meeting Procedures) Regulations 2015 ........................................................................................................ 33

| 01/17.1.1 Present 5

01/17.1.0 ATTENDANCE

01/17.1.1 Present Mayor Mick Tucker Deputy Mayor John McGiveron Councillor John Tucker Councillor Janet Drummond Councillor Hannah Rubenach-Quinn Councillor Kylie Wright Councillor Barry LeFevre Councillor Glenn McGuinness Councillor Margaret Osborne OAM

01/17.1.2 Apologies Nil

01/17.1.3 Leave of Absence Nil

01/17.1.4 Staff in Attendance General Manager, John Brown Executive Assistant, Angela Matthews Manager Community Services, Chris Hughes (Item 1.0 – 17.3) Creditors/Debtors Officer, Rachel Lewis (Item 1.0 – 16.2) Works Supervisor, Wayne Polden (Item 1.0 – 14.1) Building Services Coordinator, Jake Ihnen (Item 1.0 – 16.2) Planning Coordinator, Paula Kloosterman (Item 6.1 – 16.2) Planning Officer, Chris Triebe (Item 1.0 – 7.0) Manager Corporate Services, Bob Hoogland (Item 6.3 – 13.1 / 17.2) Development Services Administration Officer, Rebecca Venton (Item 6.1 – 7.0)

| 01/17.2.1 Free Green Waste – Ms L Rhodes, Fingal 6

01/17.2.0 PUBLIC QUESTION TIME One (1) person 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.

01/17.2.1 Free Green Waste – Ms L Rhodes, Fingal Why do St Marys, Scamander and St Helens waste transfer stations have 'free green waste' disposal days and Fingal doesn't? Reply Initially the ‘free green waste’ disposal days started in St Helens and were then extended to St Marys and Scamander. Consideration will be given to extending this to Fingal, the capacity of the Fingal site to cope with a large amount of green waste being received on a single day is something which will need to be considered given the limited area of the site.

01/17.2.2 Car Parking at the Blue Tier – Auntie Gloria Andrews, St Helens Would Council elaborate, for the sake of the community, on how they intend to deal with the parking congestion, which is causing damage and could be dangerous, at the shared car park at the blue Tier? Reply Council is currently working with Parks & Wildlife Service to examine options for additional parking, the most likely site being the existing quarry site on Sun Flats Road. Investigations are currently occurring as to suitability and the extent of site works required including works on the road leading to this site.

01/17.3.0 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.

| 01/17.4.1 Confirmation of Minutes – Council Meeting 12 December 2016 7

01/17.4.0 CONFIRMATION OF MINUTES

01/17.4.1 Confirmation of Minutes – Council Meeting 12 December 2016 OFFICER’S RECOMMENDATION: That the minutes of the Council Meeting held on the 12 December 2016 be confirmed. DISCUSSION: No discussion took place on this item. COUNCIL DECISION: 01/17.4.1.1 Moved: Clr G McGuinness / Seconded: Clr J McGiveron That the minutes of the Council Meeting held on the 12 December 2016 be confirmed. CARRIED UNANIMOUSLY

01/17.5.0 COUNCIL WORKSHOPS HELD SINCE 12 DECEMBER 2016 COUNCIL MEETING

No Council Workshop was held in January 2017.

| 01/17.6.1DA235-2016 – Construction of New Dwelling, Carport and Shed – Lot 1 The Esplanade,

Seymour 8

01/17.6.0 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.

01/17.6.1 DA235-2016 – Construction of New Dwelling, Carport and Shed – Lot 1 The Esplanade, Seymour

FILE REFERENCE DA 235-2016

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 Single Dwelling including Ancillary Dwelling, Carport and Shed on land situated at The Esplanade, Seymour with access over Crown Land described in Certificate of Title CT 239682/1 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 235-2016 received by Council 27/10/2016, together with all submitted documentation received and forming part of the development application, except as varied by conditions of this Planning Permit.

2. The access to the subject site must be in accordance with the requirements of the Department of Primary Industries, Parks, Water and Environment, dated 10 August 2016, including:

a) All road materials are to be certified weed and phytophoria free; b) Vegetation is to be removed and disposed of off site; c) No other works or disturbance is to occur outside the agreed access line; d) Construction of the road base/formation is restricted to a maximum 4.5 metres, with

the initial vegetation clearing restricted to a maximum 6 metres on the understanding that it will be permitted to be regenerated to the actual width of the formation following construction of the residence; and

e) The Ranger in Charge, Freycinet is to be notified a week prior to works commencing to allow for monitoring and confirmation of the route on the ground.

3. All stormwater runoff from the proposed dwelling and garage must be detained by on-site

water storage systems and disposed of by means that will not result in soil erosion or other stormwater nuisance in accordance with Part 14.4.1 A9 of the Break O’Day Interim Planning Scheme 2013.

4. Reflective materials must not be used, except where proposed on the southern elevation, as visible external elements in the building and the colours of external surfaces must be the same shades and tones of the surrounding landscape and vegetation elements in accordance with Part 14.4.1 A7 of the Break O’Day Interim Planning Scheme 2013.

5. Effluent disposal is subject to a Special Plumbing Permit to be issued by Council’s Environmental Health Officer.


Seymour 9

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. Native vegetation must not be removed outside that necessitated by the proposed development (this includes the clearing of vegetation to retain or expand views or vistas) unless consented to by Council.

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

9. All conditions of this permit must be completed to the satisfaction of the responsible authority, prior to the occupancy of the dwelling on the subject site.

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 two (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:

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

INTRODUCTION: Application is made for the use and development of a single dwelling including an ancillary dwelling, carport and shed at The Esplanade, Seymour. Residential use in the Environmental Living Zone is a permitted use, under Table 14.2 of the Break O’Day Interim Planning Scheme 2013, if for a single dwelling.


Seymour 10

Subject site

Subject site


Seymour 11

Subject site

Subject site (proposed carport locality)


Seymour 12

Subject site (ancillary dwelling parking locality)

Access to subject site (Crown Land)


Seymour 13

DISCUSSION: No discussion of significance took place on this item. COUNCIL DECISION: 01/17.6.1.2 Moved: Clr J Tucker / Seconded: Clr G McGuinness 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 Single Dwelling including Ancillary Dwelling, Carport and Shed on land situated at The Esplanade, Seymour with access over Crown Land described in Certificate of Title CT 239682/1 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 235-2016 received by Council 27 October 2016, together with all submitted documentation received and forming part of the development application, except as varied by conditions of this Planning Permit.

2. The access to the subject site must be in accordance with the requirements of the Department of Primary Industries, Parks, Water and Environment, dated 10 August 2016, including:

a) All road materials are to be certified weed and phytophoria free; b) Vegetation is to be removed and disposed of off-site; c) No other works or disturbance is to occur outside the agreed access line; d) Construction of the road base/formation is restricted to a maximum 4.5 metres, with

the initial vegetation clearing restricted to a maximum 6 metres on the understanding that it will be permitted to be regenerated to the actual width of the formation following construction of the residence; and

e) The Ranger in Charge, Freycinet is to be notified a week prior to works commencing to allow for monitoring and confirmation of the route on the ground.

3. All stormwater runoff from the proposed dwelling and garage must be detained by on-site

water storage systems and disposed of by means that will not result in soil erosion or other stormwater nuisance in accordance with Part 14.4.1 A9 of the Break O’Day Interim Planning Scheme 2013.

4. Reflective materials must not be used, except where proposed on the southern elevation, as visible external elements in the building and the colours of external surfaces must be the same shades and tones of the surrounding landscape and vegetation elements in accordance with Part 14.4.1 A7 of the Break O’Day Interim Planning Scheme 2013.

5. Effluent disposal is subject to a Special Plumbing Permit to be issued by Council’s Environmental Health Officer.


| 01/17.6.2 DA233-2016 – Construction of Dwelling and Garage – 8 Malibu Street, Scamander 14

7. Native vegetation must not be removed outside that necessitated by the proposed development (this includes the clearing of vegetation to retain or expand views or vistas) unless consented to by Council.

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

9. All conditions of this permit must be completed to the satisfaction of the responsible authority, prior to the occupancy of the dwelling on the subject site.

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 two (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:

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

CARRIED UNANIMOUSLY

01/17.6.2 DA233-2016 – Construction of Dwelling and Garage – 8 Malibu Street, Scamander


OFFICER’S RECOMMENDATION: After due consideration of the representation received and 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 DWELLING & GARAGE on land situated at 8 MALIBU STREET, SCAMANDER described in Certificate of Title 169339/39 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 233-16 received by Council 16 November 2016, 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 2016/01759-BODC as attached to this permit.


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

4. “Flow Sheets” must be prevented over the public footpath by provision of a grated catch drain across the driveway at the property boundary, with piped water discharged to the on-site landscaping in a manner that does not create a nuisance either on-site or on adjoining properties. This catch drain is to be regularly maintained to ensure optimum operation at all times of the year.

5. All runoff from the proposed buildings must be disposed of within the confines of the property by means that will not result in soil erosion or other stormwater nuisance. Soakage drains must be of sufficient size to absorb stormwater runoff.

6. In accordance with 14.4.1 A6 and A7 of the Break O’Day Interim Planning Scheme 2013, the colours of all external surfaces must be the same shades and tones as the surrounding landscape and vegetation elements and except for windows, reflective materials must not be used as visible external elements.

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 two (2) metres of any Council owned infrastructure must be done in consultation with Council’s Works Manager.


ADVICE

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

In accordance with the Agreement issued under Section 71 of the Land Use Planning and Approvals Act 1993, the Break O’Day Council is to notify in writing all Lot owners neighbouring the development site of their responsibility to maintain their fire buffer zone.

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 a two (2) storey dwelling with appurtenant two (2)-bay garage on a vacant and partially fenced 1025m2 rectangular property in the Environmental Living Zone of Scamander.


DISCUSSION: No discussion of significance took place on this item. COUNCIL DECISION: 01/17.6.2.3 Moved: Clr G McGuinness / Seconded: Clr M Osborne After due consideration of the representation received and 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 DWELLING & GARAGE on land situated at 8 MALIBU STREET, SCAMANDER described in Certificate of Title 169339/39 be APPROVED subject to the following conditions:

1. Development must accord with the Development Application DA 233-16 received by Council 16 November 2016, 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 2016/01759-BODC as attached to this permit.

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

4. “Flow Sheets” must be prevented over the public footpath by provision of a grated catch drain across the driveway at the property boundary, with piped water discharged to the on-site landscaping in a manner that does not create a nuisance either on-site or on adjoining properties. This catch drain is to be regularly maintained to ensure optimum operation at all times of the year.

5. All runoff from the proposed buildings must be disposed of within the confines of the property by means that will not result in soil erosion or other stormwater nuisance. Soakage drains must be of sufficient size to absorb stormwater runoff.

6. In accordance with 14.4.1 A6 and A7 of the Break O’Day Interim Planning Scheme 2013, the colours of all external surfaces must be the same shades and tones as the surrounding landscape and vegetation elements and except for windows, reflective materials must not be used as visible external elements.

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 two (2) metres of any Council owned infrastructure must be done in consultation with Council’s Works Manager.


| 01/17.6.3 Amend Sealed Plan 100528 – Tasman Highway, Four Mile Creek 17

ADVICE

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

In accordance with the Agreement issued under Section 71 of the Land Use Planning and Approvals Act 1993, the Break O’Day Council is to notify in writing all Lot owners neighbouring the development site of their responsibility to maintain their fire buffer zone.

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

CARRIED UNANIMOUSLY

01/17.6.3 Amend Sealed Plan 100528 – Tasman Highway, Four Mile Creek


OFFICER’S RECOMMENDATION: That in accordance with Section 104 (2) (a) and (b) of the Local Government (Building and Miscellaneous Provisions) Act 1993, Council appoint a Council Committee who may hear persons who have asked to be heard and obtain the assistance of legal practitioners, architects, engineers and surveyors. That in accordance with Section 104 (1) (b) of the Local Government (Building and Miscellaneous Provisions) Act 1993, Council appoint a day to hear any petitioner and those persons who have asked to be heard. INTRODUCTION: Application is made through landowner petition to delete the road status of the land and thereby remove the requirement that lots on the plan access the Tasman Highway via Lot 3. The owner of Certificate of Title 100528 Folio 3 proposes to remove the “Road” notation and Covenant stipulating Tasman Highway access to and from Certificate of Title 100528 Folio 2 via Lot 3 on the Plan. DISCUSSION:

- Clr McGuinness stated that it has been mooted in the report that there are no other accesses to this property, are there any other accesses? The Planning Officer advised that he has seen two (2), however they are not yet formed, to his knowledge there is no development on this property. The Planning Officer advised that he would have to check one (1) with the Department of State Growth to see if access may be available. The

| 01/17.6.3 Amend Sealed Plan 100528 – Tasman Highway, Four Mile Creek 18

Planning Officer advised that they look like they may have been there for years, it may have been done by the original subdivider but this hasn’t been looked into further at this stage.

- Clr Rubenach-Quinn asked whether it is possible within the Planning Scheme if that access on any future land would fit within the site distances, etc? The Planning Officer advised that it may fit but he hasn’t assessed this at this stage.

COUNCIL DECISION: 01/17.6.3.4 Moved: Clr J Tucker / Seconded: Clr H Rubenach-Quinn That in accordance with Section 104 (2) (a) and (b) of the Local Government (Building and Miscellaneous Provisions) Act 1993, Council appoint a Council Committee made up of General Manager, Planning Officer, Clr G McGuinness, Clr K Wright and Clr J Drummond who may hear persons who have asked to be heard and obtain the assistance of legal practitioners, architects, engineers and surveyors. That in accordance with Section 104 (1) (b) of the Local Government (Building and Miscellaneous Provisions) Act 1993, Council appoint Monday 6 February 2017 to hear any petitioner and those persons who have asked to be heard. 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.

01/17.7.0 PETITIONS Nil.

01/17.8.0 NOTICES OF MOTION Nil.

01/17.9.0 COUNCILLOR’S QUESTIONS ON NOTICE Nil.

| 01/17.11.1 Mayor’s Communications for Period Ending 16 January 2017 19

01/17.10.0 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.

Nil.

01/17.12.0 MAYOR’S & COUNCILLOR’S COMMUNICATIONS

01/17.11.1 Mayor’s Communications for Period Ending 16 January 2017

14.12.16 St Helens – St Helens Barway meeting

14.12.16 St Helens – Meeting with Liberal Party Branch President Peter Jamieson

15.12.16 St Helens – St Helens District High School Presentation Day

16.12.16 St Helens – Green Army Graduation

16.12.16 St Helens – St Marys District High School Presentation Day

17.12.16 St Helens – Boats in Bottle Exhibition – St Helens History Room

22.12.16 Launceston – Tasmanian Police Northern District morning tea

14.01.17 Falmouth – Handover of Defibrillator to Community Centre

16.01.17 St Helens – Council Meeting

01/17.11.2 Councillor’s Reports for Period Ending 16 January 2017 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 – Mayor Mick Tucker/Clr Barry LeFevre

There has been no meeting since the last Council Meeting. NRM Special Committee – Clr Margaret Osborne

There has been no meeting since the last Council Meeting.

Discussions regarding the Environmental Sustainability Policy. Barway Committee – Clr John McGiveron

The wall as proposed has been completed.

Works to be undertaken on the road which will be done by MAST.

Decision made to give the works on the wall three (3) months to settle see which channel forms the best and then concentrate on opening that channel up.

Next meeting proposed for March where the decision will be made. Regional Tourism Organisation (RTO) – Clr Glenn McGuinness

Next meeting is scheduled for February.

| 01/17.12.1 Corporate Services Department Report 20

Titley Shack & Binalong Bay Reference Group – Clr Glenn McGuinness

The General Manager advised that works along the Binalong Bay Foreshore area requires approval from Parks & Wildlife Services. A RAA process is being undertaken for the whole foreshore area rather than individual processes every time Council wishes to undertake works.

The Manager Community Services will bring a plan of the area to the next Council Workshop for Council’s consideration.

Mental Health Action Group – Clr Barry LeFevre

There has been no meeting since the last Council Meeting.

01/17.12.0 BUSINESS AND CORPORATE SERVICES

01/17.12.1 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 of significance took place on this item. COUNCIL DECISION: 01/17.12.1.5 Moved: Clr B LeFevre / Seconded: Clr H Rubenach-Quinn That the report be received. CARRIED UNANIMOUSLY

| 01/17.12.2 Monthly Financial Report 21

01/17.12.2 Monthly Financial Report


OFFICER’S RECOMMENDATION: That the following reports for the month ending 31 December 2016 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:

- The Manager Corporate Services advised that we are due for a budget review. COUNCIL DECISION: 01/17.12.2.6 Moved: Clr J Tucker / Seconded: Clr K Wright That the following reports for the month ending 31 December 2016 be received:

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

CARRIED UNANIMOUSLY

01/17.12.3 Visitor Information Centre Report


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.

| 01/17.12.4 Audit Panel – Receipt of Minutes 22

DISCUSSION: No discussion of significance took place on this item. COUNCIL DECISION: 01/17.12.3.7 Moved: Clr J Drummond / Seconded: Clr M Osborne That the report be received. CARRIED UNANIMOUSLY

01/17.12.4 Audit Panel – Receipt of Minutes


OFFICER’S RECOMMENDATION: That Council receive the minutes of the Audit Panel 12 December 2016. INTRODUCTION: Council’s Audit Panel meets every three (3) months and the minutes of each meeting are required to be provided to Council. DISCUSSION: No discussion of significance took place on this item. COUNCIL DECISION: 01/17.12.4.8 Moved: Clr H Rubenach-Quinn / Seconded: Clr K Wright That Council receive the minutes of the Audit Panel 12 December 2016. CARRIED UNANIMOUSLY

| 01/17.13.1 Works and Infrastructure Report 23

01/17.13.0 WORKS AND INFRASTRUCTURE

01/17.13.1 Works and Infrastructure Report


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:

- Mayor Tucker noted that the outdoor work crews have worked tirelessly trying to keep on top of the grass and they have done a great job.

- The Works Supervisor advised that the contractor is mobilising onsite today for stormwater works to commence at Sunhaven Court, Scamander.

- Clr LeFevre asked whether the road could be widened a bit when Council put the footpath in at Binalong Bay to enable a white line to be installed. The Works Supervisor advised that it was intended to do this if possible.

- Clr J Tucker asked when will the gravel crushing start? The Works Supervisor stated that it will hopefully commence this month and he also advised that a bit will be done at the Billy Taylor Quarry at Mathinna as well.

COUNCIL DECISION: 01/17.13.1.9 Moved: Clr G McGuinness / Seconded: Clr J McGiveron That the report be received by Council. CARRIED UNANIMOUSLY

01/17.13.2 Animal Control Report


OFFICER’S RECOMMENDATION: That the report be received by Council.

| 01/17.14.1 Community Services Report 24

INTRODUCTION: This is a monthly update for animal control undertaken since the last meeting of Council. DISCUSSION:

- Clr LeFevre asked whether the Animal Control Officer has been doing any additional runs as discussed previously? The Works Supervisor advised that he didn’t believe he has, however he will check on this.

COUNCIL DECISION: 01/17.13.2.10 Moved: Clr K Wright / Seconded: Clr M Osborne That the report be received by Council. CARRIED UNANIMOUSLY

01/17.14.0 COMMUNITY DEVELOPMENT

01/17.14.1 Community Services Report


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: No discussion of significance took place on this item. COUNCIL DECISION: 01/17.14.1.11 Moved: Clr J Drummond / Seconded: Clr M Osborne That the report be received. CARRIED UNANIMOUSLY

| 01/17.14.2 St Helens Croquet Club – Club House 25

01/17.14.2 St Helens Croquet Club – Club House


OFFICER’S RECOMMENDATION: That Council consents as land manager for a Development Application to be lodged by the St Helens Croquet Club to build a Ranbuild Shed/Club House on a parcel of land which is currently leased to the St Helens Croquet Club located at the St Helens Croquet Club. INTRODUCTION: Council has received a request from the St Helens Croquet Club to place a large shed on the ground that they lease from Council. DISCUSSION:

- Clr J Tucker asked what is the actual size of the shed? The Manager Community advised that she believed it was 5m x 8m however she would need to check.

COUNCIL DECISION: 01/17.14.2.12 Moved: Clr G McGuinness / Seconded: Clr M Osborne That Council consents as land manager for a Development Application to be lodged by the St Helens Croquet Club to build a Ranbuild Shed/Club House on a parcel of land which is currently leased to the St Helens Croquet Club located at the St Helens Croquet Club. CARRIED UNANIMOUSLY

01/17.14.3 Committee Representation – Australia Day Awards Committee


OFFICER’S RECOMMENDATION: That in accordance with the Break O’Day Council Awards Policy, Council appoint:

Michael Watkins

Mary-Anne Wadsworth; and

Gerald Aulich to the Australia Day Awards Committee as community representatives and as part of the community they have the authority to consider applications and determine recipients of the Australia Day Awards.

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DISCUSSION: No discussion of significance took place on this item. COUNCIL DECISION: 01/17.14.3.13 Moved: Clr J Tucker / Seconded: Clr J Drummond That in accordance with the Break O’Day Council Awards Policy, Council appoint:

Michael Watkins

Mary-Anne Wadsworth; and

Gerald Aulich to the Australia Day Awards Committee as community representatives and as part of the community they have the authority to consider applications and determine recipients of the Australia Day Awards. CARRIED UNANIMOUSLY

01/17.14.4 Binalong Bay Road Closure - Triathlon


OFFICER’S RECOMMENDATION: That Council approve a full road closure of Binalong Bay Road from the Corner of Quail and Cameron Street to The Gardens turnoff – between 8.00am and 12.30pm and from the Gardens turnoff to the Grants Lagoon bridge main road entrance from 10.00am – 12.30pm with Binalong Bay residents detouring around Dora Point subject to the following conditions:

1. That details of the event and the impact on access be communicated to every property owner; resident or business within the affected area a reasonable period prior to the event.

2. That business owners be informed of the proposed event as soon as practicable. 3. That the proposed road closure be publicly advertised through the lead up to the event. 4. Traffic Management Plan be prepared by the Event Committee and approved by Break

O’Day Council’s Work Health & Safety Coordinator and Council’s Works Supervisor. 5. That the roads be reopened immediately after the last competitor has completed this leg

should this be earlier than the 12.30pm limit. 6. Detail on how the situation is going to be managed if a competitor arrives to commence

the start of the leg which involves the closed roads when it is apparent they have insufficient time to complete the leg before reopening of the roads occur, or, there are competitors still on the leg when the roads are scheduled to reopen.

7. A contact point being provided within the Event Committee to handle questions and issues regarding the proposed closure as it affects property owners/residents/businesses.

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DISCUSSION:

- Clr Wright asked if holiday/business owners were going to be notified? The Manager Community Services advised that they would be contacted by the Committee.

- Clr LeFevre advised that all properties would be notified once all permissions are finalised. - Clr Rubenach-Quinn asked whether something could be added to the conditions in relation

to procedures for managing personal emergencies for properties along the road closure ie medical, fire? The Manager Community Services advised that this is being addressed for the permit and there are volunteers along the route who will be notified of emergencies if required.

- Clr Rubenach-Quinn asked how this decision alleviates the condition from the General Manager’s delegation. The Manager Community Services advised that as part of the General Manager’s delegation there is a condition that the delegation can only be executed in consultation with the Commissioner of Police.

- Mayor Tucker stated that this is just double check to ensure that nothing is held up along the way.

COUNCIL DECISION: 01/17.14.4.14 Moved: Clr M Osborne / Seconded: Clr G McGuinness That Council approve a full road closure of Binalong Bay Road from the Corner of Quail and Cameron Street to The Gardens turnoff – between 8.00am and 12.30pm and from the Gardens turnoff to the Grants Lagoon bridge main road entrance from 10.00am – 12.30pm with Binalong Bay residents detouring around Dora Point subject to the following conditions:

1. That details of the event and the impact on access be communicated to every property owner; resident or business within the affected area a reasonable period prior to the event.

2. That business owners be informed of the proposed event as soon as practicable. 3. That the proposed road closure be publicly advertised through the lead up to the event. 4. Traffic Management Plan be prepared by the Event Committee and approved by Break

O’Day Council’s Work Health & Safety Coordinator and Council’s Works Supervisor. 5. That the roads be reopened immediately after the last competitor has completed this leg

should this be earlier than the 12.30pm limit. 6. Detail on how the situation is going to be managed if a competitor arrives to commence

the start of the leg which involves the closed roads when it is apparent they have insufficient time to complete the leg before reopening of the roads occur, or, there are competitors still on the leg when the roads are scheduled to reopen.

7. A contact point being provided within the Event Committee to handle questions and issues regarding the proposed closure as it affects property owners/residents/businesses.

FOR Rest AGAINST Clr H Rubenach-Quinn CARRIED Clr Rubenach-Quinn abstained from voting.

| 01/17.15.1 Development Services Report 28

01/17.15.0 DEVELOPMENT SERVICES

01/17.15.1 Development Services Report


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 by the Development Services Department since the previous Council meeting. DISCUSSION:

- Mayor Tucker passed on the thanks from the Pyengana community for their new toilet block.

- Clr J Tucker asked why in the NRM Report is the NRM Facilitator providing continued support for the weed officer – what is the reason for this? The General Manager advised that there would be reason for this and we will find more detail in regards to this.

COUNCIL DECISION: 01/17.15.1.15 Moved: Clr B LeFevre / Seconded: Clr M Osborne That the report be received. CARRIED UNANIMOUSLY

01/17.15.2 Planning Approvals Issued COUNCIL DECISION: Received.

01/17.15.3 Building Services Approvals COUNCIL DECISION: Received.

| 01/17.16.1 General Manager’s Report 29

01/17.16.0 GOVERNANCE

01/17.16.1 General Manager’s Report


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. DISCUSSION:

- The General Manager advised that the data collection for the Northern Region is well underway and extensive information needs to be provided to KPMG by the 30 January.

- The General Manager advised that the LG Reform project in relation to Glamorgan Spring Bay and Break O’Day is progressing with a meeting scheduled to take place in coming weeks to look at financial data collection information to clarify some matters and ensure that the base financial model is sound.

- Clr LeFevre asked what is the feeling of the Glamorgan Spring Bay Councillors? The General Manager advised that there appears to be differing views, the majority is united that nothing happens and that it should stay as it is and then there are a couple that think that change could occur.

- Clr LeFevre asked when the studies are done, what if individual Councillors are against what happens? The General Manager advised that there are a range of options, a community plebiscite is one and then it may become a decision of the Minister – don’t know at this stage, could also depend on State Government elections. Mayor Tucker stated that it may be taken out of Council’s hands if there is a plebiscite.

- The General Manager advised that part of the data is the quantum of the network ie bridges and the conditions, number of properties, etc.

- Clr Wright asked where would debt for assets go? The General Manager advised that the debt would go with the asset and where ever the asset ends up.

- The General Manager advised that we have an RAA ticked off for a toilet block at Poimena and this will now go through the DA process. Funds will be granted from Parks & Wildlife Services for the project. There are also parking issues to be addressed at Poimena.

- Clr Rubenach-Quinn asked in relation to the Lobbying of Government for Green Army – what was done for this? The General Manager advised that a letter was sent, however the decision was already made so now we need to argue for alternative programs. Clr Rubenach-Quinn asked whether we could request LGAT also lobby for something of this nature.

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COUNCIL DECISION: 01/17.16.1.16 Moved: Clr B LeFevre / Seconded: Clr M Osborne That the General Manager’s report be received. CARRIED UNANIMOUSLY Adjourned for morning tea at 11.00am Meeting resumed at 11.10am

01/17.16.2 Break O’Day Strategic Plan 2017-2026


OFFICER’S RECOMMENDATION: 1. That Council commence the development of a new Strategic Plan in accordance with the

provision of the Local Government Act 1993. 2. That an appropriate person be engaged to facilitate the workshop/discussion process

involving the community, Council, and staff/employees. 3. That a Budget of $49,000 be established for the preparation of the Strategic Plan, subject to

review following receipt of the fee proposals. INTRODUCTION: Preparation of a new Strategic Plan for the Break O’Day area has previously been deferred pending greater clarity from the Local Government Reform process, in particular the impact of any significant change to the Council’s southern boundary. It is now apparent that clarity may still be a couple of years away. DISCUSSION: No discussion of significance took place on this item.

| 01/17.16.3 Accelerated Local-Government Capital Program 31

COUNCIL DECISION: 01/17.16.2.17 Moved: Clr G McGuinness / Seconded: Clr M Osborne 1. That Council commence the development of a new Strategic Plan in accordance with the

provision of the Local Government Act 1993. 2. That an appropriate person be engaged to facilitate the workshop/discussion process

involving the community, Council, and staff/employees. 3. That a Budget of $49,000 be established for the preparation of the Strategic Plan, subject to

review following receipt of the fee proposals. CARRIED UNANIMOUSLY

01/17.16.3 Accelerated Local-Government Capital Program


OFFICER’S RECOMMENDATION: That Council seek funding through the Accelerated Local Government Capital Program to bring forward Parnella Stormwater and St Marys Streetscape improvement works subject to favourable tender prices being received. INTRODUCTION: The State Government announced the Northern Economic Stimulus Package in September 2016 focussed on enhancing the economic activity in northern and north-west Tasmania. A key component is the Accelerated Local Government Capital Program which enables Councils to bring forward capital works projects which they have programmed. DISCUSSION:

- Clr Drummond noted a previous proposal to establish town entry portals on the main town entries.

- Clr McGuinness stated that we should also look for other funding opportunities for these projects.

- The General Manager stated that town entry portals as mentioned by Clr Drummond could be something that we could seek funding for.

- Clr LeFevre stated that he has concerns spending 1/2 million dollars on streetscape when there are still flooding issues in St Marys, and that we should try and fix the flooding issues first. The General Manager noted that we were pursuing funding through the State Government to address flooding issues and noted that there are some stormwater works included in the streetscape plan to try and alleviate some of the issues. There are two (2) elements in St Marys. The streetscape works will be looking at the stormwater that is in the street and trying to get this away.

| 01/17.16.3 Accelerated Local-Government Capital Program 32

- The General Manager clarified the amount would be $450k-500k for St Marys and $1M for Parnella.

- Clr Drummond stated that the business owners at the eastern end of town are very keen on the streetscape works being done.

- The General Manager advised Council that it had been confirmed this morning by the Department of State Growth that they intend to reseal the centre of St Marys with a two coat seal. The General Manager advised that he had questioned the appropriateness of this with the Department when he became aware that this might be occurring.

- Clr McGiveron expressed that this was not good enough for the centre of town and that the Department should be installing asphalt.

COUNCIL DECISION: 01/17.16.3.18 Moved: Clr M Osborne / Seconded: Clr J McGiveron That Council seek funding through the Accelerated Local Government Capital Program to bring forward Parnella Stormwater and St Marys Streetscape improvement works subject to favourable tender prices being received. CARRIED UNANIMOUSLY

01/17.16.3.18a Moved: Clr J McGiveron / Seconded: Clr J Drummond That Council express their strong concerns regarding the proposed 2 Coat Seal to be put in the St Marys Main Street and ask the Department of State Growth to defer the proposed works pending further discussions with Council regarding the nature of works to be undertaken on the surface through St Marys. CARRIED UNANIMOUSLY Pursuant to Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 that Council move into Closed Council.

Moved: Clr M Osborne / Seconded: Clr B LeFevre: That Council move into Closed Council. CARRIED UNANIMOUSLY

| 01/17.17.1 Outstanding Actions List for Closed Council 33

01/17.17.0 CLOSED COUNCIL

01/17.17.1 Outstanding Actions List for Closed Council

01/17.17.2 Lot 9 Gardens Road, Binalong Bay - Closed Council Item Pursuant To Section 15(2)F Of The Local Government (Meeting Procedures) Regulations 2015

01/17.17.3 Parnella Catchments 3 & 5 Upgrade Construction Tender 2016 - Closed Council Item Pursuant To Section 15(2)D Of The Local Government (Meeting Procedures) Regulations 2015

Pursuant to Regulation 15 of the Local Government (Meeting Procedures) Regulations 2005 that Council move out of Closed Council.

Moved: Clr B LeFevre / Seconded: Clr J McGiveron: That Council move out of Closed Council. CARRIED UNANIMOUSLY Mayor Tucker thanked everyone for their attendance and declared the meeting closed at 12.15pm. ……………………………………….. MAYOR ……………………………………… DATE

IN CONFIDENCE

council minutes monday 16 january 2017 · 01/17.17.2 lot 9 gardens road, binalong bay - closed...

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