TABLE OF CONTENTS - Kingborough Council

MINUTES

29 January 2019

Cr Richard Atkinson, Cr Amanda Midgley, Cr Paula Wriedt, Deputy Mayor Jo Westwood, Mayor Dean Winter, Cr David Grace, Cr Flora Fox, Cr Sue Bastone, Cr Christian Street

Absent: Cr Steve Wass

PUBLIC MINUTES

These Minutes are provided for the assistance and

information of members of the public, and are a draft

until confirmed as a true record at the next Ordinary

Meeting of Council.

TABLE OF CONTENTS

Minute No. Agenda Page No

Minute Page No

Open Session

C53/2-19 Apologies 1 2 C54/2-19 Confirmation of Minutes of 14 January 2019 2 2 Workshops held Since Last Council Meeting 2 2 C55/2-19 Declarations of Interest 2 2 Transfer of Agenda Items 2 2 Questions on Notice from the Public 3 3 C56/2-19 1 Abandoned Vehicle 3 3 C57/2-19 2 Civic Centre Building 4 3 C58/2-19 3 Water Quality, Blackmans Bay Beach 4 4 C59/2-19 4 Protection of Threatened Species and Council Dog Management Policy 5 5 Questions Without Notice from the Public 6 6 C60/2-19 1 BIAC Minutes of 2 August 6 C61/2-19 2 Attribution of Questions at Council Meetings 6 C62/2-19 3 Budget 7 C63/2-19 4 Ratepayers Involvement in the Budget Process 8 C64/2-19 5 Water Quality, Blackmans Bay Beach 8 C65/2-19 6 Illegal Signs on Bruny Island 9 C66/2-19 7 Road Safety Committee 9 C67/2-19 8 Noting of Workshop in Minutes 10 C68/2-19 9 Bike Tracks, Spring Farm 10 C69/2-19 10 Planning Scheme 10 Questions on Notice from Councillors 7 11 C70/2-19 1 Alonnah Hall 7 11 C71/2-19 2 Alonnah Toilets 7 11 C72/2-19 3 Bacterial Count 8 12 C73/2-19 4 Bruny Island Emergency Plan 9 13 C74/2-19 5 Margate Precinct 9 13 C75/2-19 6 Kingston Park Community Hub 9 13 Questions Without Notice from Councillors 10 14 C76/2-19 1 Treatment Plant, Blackmans Bay 14 C77/2-19 2 Bacterial Count 14 C78/2-19 3 Change to Metro Timetables 15

TABLE OF CONTENTS (cont.)


Minute Page No

Open Session

Motions of Which Notice has been Given 10 15 C79/2-19 Carols by Candlelight December 2019 10 15 Petitions Still Being Actioned 10 16 Petitions Received in Last Period 11 16 C80/2-19 Sealing of Harvey Road and Ritchie Street, Alonnah 11 16 Officers Reports to Planning Authority 12 17 C81/2-19 Delegated Authority for the Period 3 January 2019 to 15 January 2019 12 17 Report Withdrawn: DA-2018-73 - Development Application for 97 Apartments, 11 Retail Tenancies, Basement Parking and Relaxation of Total Number of Carparking Spaces at 6 Summerleas Road, Kingston 15 17 C82/2-19 PSA-2018-3 – Planning Scheme Amendment Request – Kingborough Interim Planning Scheme 2015 – Rezoning of General Residential and Low Density Residential (Area B) to General Residential, Low Density Residential (Area C) and Public Open Space and Removal of the Landslide Hazard Area Overlay for the Land at ‘Presentation Sisters’, 15 Home Avenue, Blackmans Bay 26 18 C83/2-19 DAS-2018-15 - Development Application for Subdivision of 22 Residential Lots, 2 Public Open Space Lots and 2 Road Lots at 'Presentation Sisters', 15 Home Avenue, Blackmans Bay, Council Land CT 33869/1, Road Reservations CT 175556/1 and CT14/6163 for JMG Engineers & Planners 62 20 Officers Reports to Council 108 31 C84/2-19 Bruny Island Advisory Committee 108 31 Report Withdrawn: Development of a Second Turf Wicket in Kingborough 111 31 C85/2-19 The Bruny 2020 114 32 C86/2-19 Councillors Gifts and Benefits Policy 143 32

TABLE OF CONTENTS (cont.)


Minute Page No

Open Session

C87/2-19 Capital Works Budget Review 152 33 C88/2-19 Independent Audit Panel Member 159 33 C89/2-19 Information Reports 161 34 Mayor’s Communications 162 Financial Report for the Period 1 July 2018 to 31 December 2018 165 Recreational Water Quality Update – Blackmans Bay Beach 219 C90/2-19 Confirmation of Items to be Dealt With in Closed Session 221 34

Minutes No. 2 Page 1 29 January 2019

MINUTES of an Ordinary Meeting of Council

Kingborough Civic Centre, 15 Channel Highway, Kingston Tuesday, 29 January 2019 at 5.30pm.

AUDIO RECORDING

The Chairperson declared the meeting open at 5.30pm, welcomed all in attendance and read: “All persons in attendance are advised that it is Council policy to record Council Meetings. The audio recording of this meeting will be made available to the public on Council’s website. In accordance with Council Policy, I now ask staff to confirm that the audio recording has commenced.”

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

The Chairman acknowledged and paid respect to the Tasmanian Aboriginal Community as the traditional and original owners and continuing custodians of the land on which we met, and acknowledged elders past and present.

ATTENDEES

Councillors:

Mayor Cr D Winter Deputy Mayor Cr J Westwood Councillor R Atkinson Councillor S Bastone Councillor F Fox Councillor D Grace Councillor A Midgley Councillor C Street Councillor S Wass Staff:

General Manager Mr Gary Arnold Deputy General Manager Mr Tony Ferrier Chief Financial Officer Mr John Breen Executive Manager Organisational Development Ms Pene Hughes Acting Executive Manager Engineering Services Mr Craig Reid Executive Manager Governance & Community Services Mr Daniel Smee Manager Development Services Ms Tasha Tyler-Moore Strategic Planner Mr Dustin Moore Executive Assistant Mrs Amanda Morton


C53/2-19 (Commences at ± 1 hour, 25 minutes of audio recording)

APOLOGIES

Cr Paula Wriedt

C54/2-19 (Commences at ± 2 minutes of audio recording)

CONFIRMATION OF MINUTES OF 14 JANUARY 2019

MOVED Cr Fox SECONDED Cr Midgley That the Minutes of the open session of Council Meeting No. 1 held on 14 January 2019 be confirmed as a true record. FOR

Cr Atkinson Cr Bastone Cr Fox Cr Grace Cr Midgley

Cr Street Cr Wass Cr Westwood Cr Winter

Carried Unanimously

WORKSHOPS HELD SINCE LAST COUNCIL MEETING

21 January - Planning Scheme


DECLARATIONS OF INTEREST

Cr’s Atkinson, Midgley, Bastone, Street, Grace, Winter were contacted by Catholic Care. Cr’s Atkinson, Midgley, Fox, Bastone, Grace, Wass and Winter were contacted by members of the public in regard to the report ‘The Bruny 2020”. The General Manager declared an interest in the item headed “General Manager’s Performance Review”.

TRANSFER OF AGENDA ITEMS

There were no agenda items transferred.


QUESTIONS ON NOTICE FROM THE PUBLIC


1 Abandoned Vehicle

At the Council meeting on 14 January 2019, Mr Wayne Burgess asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

“For several weeks now an old flat tray utility with a shattered windscreen and at least one missing side window and the steering wheel clamped has been parked very dangerously in Pearsall Avenue, Blackmans Bay. Does Council have any legal right to have that vehicle removed and, if so, does that incur a cost to the Council? But if it doesn’t have any rights, is there any way in which Council can have the situation addressed?”

Officer’s Response:

The ute has not been abandoned but is unable to be moved as a result of being clamped by Tas Police. It is not illegally parked and Council has no authority at present to remove the vehicle. It is understood that it is due to be unclamped shortly, whereupon it is expected that the owner will remove the vehicle.

Daniel Smee - Executive Manager Governance & Community Services

C57/2-19 (Commences at ±4 minutes of audio recording)

2 Civic Centre Building

At the Council meeting on 14 January 2019, Mr Mervin Reed asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

“I bring to your attention the state of the external fabric of the Council Chambers with an interstate engineering guest pointing out to me before Christmas the concrete cancer and rust bleeding through the walls. The general tatty appearance and apparent lack of maintenance does not give the impression that assets in Kingborough are well maintained. Therefore can you both give consideration to this rundown appearance of the building and can we have a response from you both at the next council meeting as to what you intend to do about the issue.”


Councils Building Maintenance department performs periodic and routine inspections and maintenance of Councils building asset stock, with a view to ensuring functionality and prolonging longevity. As these asset types typically have long lives, the currency of standard and level of service may be somewhat less than a modern-day equivalent.

With specific reference to the Council Chambers, the current facility is approaching twenty years of age. Acknowledging that the gloss fades with age, and whilst there is a small level of surface staining and isolated rust stains evident externally, it is not considered that the current building appearance is as dire or rundown as suggested, such as to warrant significant expenditure of funds on a major cosmetic facelift or upgrade.

Craig Reid – Acting Executive Manager Engineering Services



3 Water Quality, Blackmans Bay Beach

At the Council meeting on 14 January 2019, Ms Rosalie Maynard asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

“I was totally alarmed to see the results that came back from the last of those test sites, which you published, showing totally off the chart bacterial counts from near the boat shed. Remembering that a count of 140 triggers a retest and about 250 closes or fails. This count was 129,970 and 24,800 for enterococci and E. Coli respectively. I haven't heard any comment about this particular result. We've heard the good news and it is good news, and I'm really pleased Council are doing that extended testing. What investigations are or have been done to trace either the source or the sources of the problems in that area? I understand it's a very complex issue the major environmental incident seems to be a one-off and I know that Council have been working to eliminate some of the issues. My question relates particularly to Council’s own testing which has been published on your website and the last of those if you go right to the end is the sample taken near the boat shed at the southern end of Blackmans Bay Beach. That’s the one I’m referring to. It’s a massive pollution in a small area.”


Upon becoming aware of the contaminants in the recreational water at Blackmans Bay Beach and in line with our integrated approach towards recreational water quality management, Council embarked on an intensive sampling regime of the marine water and stormwater outfall Blackmans Bay Beach.

The results from our current intensive sampling regime have identified contaminants in the marine water as well as stormwater outfall at Blackmans Bay Beach.

Locating causes for contaminants in recreational water can be complex due to the variable nature of the activities that cause the contaminants.

Council has and will continue to liaise with key stakeholders such as the State Government and TasWater to explore possible causes of contaminants that could be entering the recreational water from the marine environment.

The data collected from our sampling regime has provided us with starting points for a stormwater catchment investigation and Council is currently in the process of planning and assembling the necessary resources to conduct an investigation of specific elements of the Blackmans Bay stormwater catchment with the intention of trying to identifying the point source for the contaminants.

Essential to the success of the current investigation will be the cooperation of all relevant stakeholders. We look forward to updating the community on the progress of the investigation as information comes to hand.

Andy D' Crus - Building & Plumbing Coordinator



4 Protection of Threatened Species and Council Dog Management Policy The following question on notice was received from a member of the public who requested that their identity be kept confidential: 1. Can Council please detail the criteria it uses to assess which areas contain

sensitive habitat for native wildlife under the terms of Section 22 of the Dog Control Act 2000 https://www.legislation.tas.gov.au/view/html/inforce/current/act-2000-102#GS22@EN

2. Does Council recognise that it has a responsibility to protect nationally threatened species such as the eastern barred bandicoot and, if so, how is this implemented in practice?

3. Has Council carried out an assessment of the eastern barred bandicoot population at Taroona Beach reserve/foreshore area and is this being monitored to measure the impact of the new off-lead dog exercise area?

4. Can Council please table the results of any such environmental assessments in the Taroona Beach reserve/foreshore area.

Officer’s Response: 1 Based on legal and technical advice, Council has defined ‘sensitive habitat for native

wildlife’ to be an area that meets one or more of the following criteria:

All wetlands and saltmarshes as defined in the TASVEG guide ‘From Forest to Fjaeldmark: Descriptions of Tasmania's Vegetation (Edition 2)’ unless specifically declared otherwise.

All inland lakes, creeks, rivers and estuaries unless specifically declared otherwise.

Areas that contain significant habitat of threatened fauna* that have been identified by threatened species experts as being at particular risk of disturbance from dogs. Significant habitat is defined as habitat within the known range of a species that is known to be of high priority for the maintenance of breeding populations throughout the species range. It may include areas that do not currently support breeding populations of the species but that need to be maintained in order to ensure the long-term future of the species. This includes species such as Wedge-tailed eagle, white-bellied sea-eagle, some gulls and beach-nesting birds of conservation significance.

*Threatened fauna includes all fauna species listed on Schedules 3, 4 and 5 of the Tasmanian Threatened Species Protection Act 1995 and/or the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. This definition of sensitive wildlife habitat has been developed in consultation with the Threatened Species Section of the Department of Primary Industries, Parks, Water and the Environment and Birdlife Tasmania. It is consistent with the Protection of fauna (Part 2, Division 1, 6f) as outlined in the National Parks and Reserved Land Regulations 2009.

https://www.legislation.tas.gov.au/view/html/inforce/current/act-2000-102#GS22@EN

https://www.legislation.tas.gov.au/view/html/inforce/current/act-2000-102#GS22@EN


2 Council does understand our responsibility regarding threatened species. Council’s Dog Management Policy has declared most bushland reserves which would provide habitat for threatened species as restricted to only on formed tracks and on lead. These measures will greatly reduce the risk of dogs impacting on wildlife in bushland reserves.

3 Council has not undertaken a survey of Taroona reserve for the Eastern barred

bandicoot. The reserve is likely to contain potential habitat for the Eastern barred bandicoot. Allowing dogs to be off lead and under effective control on the beach east of the boat ramp is highly unlikely to impact Eastern Barred bandicoots. Council is not undertaking fauna monitoring at this reserve at the current time.

4 There are no relevant results to be tabled. A desktop assessment was carried out

for each Council bushland and coastal reserve that was relevant to the Dog Management Policy Review using the State Government’s Natural Values Atlas database and data from Birdlife Tasmania to understand the potential habitat and threatened species records at each site.

Liz Quinn – NRM Coordinator

QUESTIONS WITHOUT NOTICE FROM THE PUBLIC

Mr Wayne Darby asked the following question without notice:


1 BIAC Minutes of 2 August I noticed on the BIAC minutes from the 2nd August that you would approach Andrew Harvard and the University of Tasmania about reviewing the results of the Bruny Island community survey, and I couldn't find any further references to it in any Minutes anywhere. Did you follow through on that? Deputy General Manager responds: I did speak to Andrew Harvard from the University about it. We met and discussed it and I followed that up with a telephone call. That was about three or four months ago. He said at the time that he was interested in doing some further research into the results of the Bruny Life Survey. He had some constraints in relation to the types of students that he had that might be working in that area and that he had a lot of other activities occurring as well that might preclude him from doing that work that he thought that he would get back to me probably early in 2019 to see what the students were doing within the university and I haven't heard from him since.

Mr Mervin Reed asked the following questions without notice:


2 Attribution of Questions at Council Meetings

Does the General Manager recognized in the last few months Council’s policy regarding attribution of both questions on and without notice has been waived on three occasions. Twice with questions on noticed for reasons of confidentiality and once regarding a question without notice where the person did not provide her address citing privacy


concerns. In fairness to all the others who stand accountable here in front of you for their questions by providing names and addresses, will the council adhere to its own policy in the future? And to clarify the situation publically, will you print the Council’s policy regarding attribution of questions in the next Agenda and the next quarterly Chronicle update? General Manager responds: I'll take that question on notice and provide a written response on the public record.


3 Budget

We understand that the Council soon has to formulate a budget. Does this formulation process include putting an absolute limit on rate increases to CPI in total including all other ancillary charges? Does this formulation process ask the elected councillors what part of the Council function they would like to see not funded in order to concentrate on things that really matter, especially to them. If so, why not? Mayor responds: I can answer the question this evening. Mr Reed: I would like it in writing because we've had the answers before and we understand that things change. Mayor: The issue is if you would like the question taken on notice, you can do that on notice. That's a question on notice, you've asked it without notice and I'm happy to provide an answer now. Mr Reed: I'll just repeat it in writing during the week. Mayor: I'm happy for you to do that but you've asked me a question so I'm going to answer it. Council’s undertaking a process at the moment and that's been recorded through the previous Council Agenda that it's considered its Long Term Financial Plan at a Council workshop. Councillors were asked for their opinion and feedback about the formulation of the Long Term Financial Plan and it's my expectation that next month Council will be considering its Long Term Financial Plan. That Long Term Financial Plan will outline the rate rises that Kingborough residents can expect over the next 10 years. Whilst it doesn't lock Council into those specific rate rises, it does give some direction as to what Council thinking is in relation to rate rises. It would also be my expectation that the Council budget which is proposed will be consistent with the Long Term Financial Plan. That is how we are coming to our rate Rises.



4 Ratepayers Involvement in the Budget Process Last year the Council begrudgingly sort some input from the right pose and regard to the formulation of the budget which was in real terms nothing more than an expenditure exercise based on how big a rate rise the staff can get away with. If there is no meaningful involvement this year in the budget process that leads to the striking of the rate, then we'll simply have to petition the Minister to impose a rate cap at Kingborough of CPI given the past four years the rate rises together see 28%. Would you be able to advise the ratepayers if there will be a meaningful process of ratepayer involvement? Mayor responds: And as you be aware because you will there and also with written within Council's Agenda tonight on page 163 early this month I met with the Kingborough Ratepayers Association with a number of issues raised one of which was the Long Term Financial Plan and the budget process. I'm happy to continue to engage with those meetings with yourself and your committee. I'm also looking forward to attending the ratepayers meeting next Wednesday. In terms of a formal consultation process, last year's process was decided quite late in the piece and I think that probably impacted its success. However, it did generate I think at least a dozen responses from the community, which is better than we previously had. We're always looking to improve our processes and consultation on the budget and are happy to hear any proposals from the Kingborough Ratepayers Association in relation to how they'd like to see the community consulted in relation to the budget process.

Ms Rosalie Maynard asked the following question without notice:


5 Water Quality, Blackmans Bay Beach

I asked the question last week and I don’t believe that the response, which was taken on notice and given in the agenda, I don’t believe that response addressed my questions. I’m going to ask them again. It’s acknowledged that there is a major issue with the bacterial levels in the outfall near the boat shed at the end of Flower Pot Crescent at the southern end of Blackmans Bay Beach. Has the source of that pollution been found? Is it correct that sewage has been found going directly into the storm water there? If so, has it been fixed? And if it's not been fixed yet, when will this happen? Mayor responds: Since you've asked your question I've received a number of briefings and included within tonight's Agenda is a meeting that I had with the TasWater CEO so I can provide you an update as on the basis of that meeting. You are correct that investigations have found sewage flowing directly into the southern end of Blackman's Bay Beach through that storm water outflow. There has been a number of sources of contamination already found, one of which is a sewerage outflow flowing directly into storm water, which is obviously not the way it's supposed to happen. Secondly, TasWater has found an example of a retaining wall being built over the top of a sewerage main again creating a problem in that sewerage is then going into our storm water infrastructure. Both cases are contributing to what you will notice and you've noted previously in your questions, elevated levels of enterococci and E.Coli in that southern end outflow. Having said all that, one of the interesting things that we found during the


investigations is that there's a real lack of correlation between the elevated levels that we're finding in the storm water outflow and water quality at Blackmans Bay Beach. That is, when we found elevated levels within the storm water outflow, we've actually found a lot of the time, a very good water quality at Blackmans Bay Beach. So this lack of correlation leads us to wondering what other elements are a play he given that we are dealing with a very vast amount of water. Investigations are continuing. In terms of the resolution to that southern end in speaking to TasWater last week, it was a matter of weeks to resolve the issue. I'm not sure if it's been resolved as of today, but I know that it will be certainly resolved as quickly as they can. As I said, there are a number of issues impacting that particular outflow and TasWater has been very generous in already having dealt with Illawarra Road issues and now they are moving to that as their next focus for stormwater and sewerage issues at Blackmans Bay Beach. Ms Maynard: Has Council done any simple correlation between the bacteria levels, the tidal influences, is it high tide coming, going when you take a samples, wind, that sort of thing. Because it's a big bay, dispersion and dilution and all that happened but we know there's a whole heap of muck going in particularly in that area of the bay. Mayor: I think I'd like to take this on notice. I think the answer is yes, but I'd like to provide a more detailed response and I'll make sure that's in line with your question.

Mr Richard Clark asked the following questions without notice:


6 Illegal Signs on Bruny Island

Can we please be updated on the developments of the illegal sign removal on Bruny? Can the signs be forcibly removed by Council and, if so, when will they be? Deputy General Manager responds: This is a similar question which was asked at the last meeting but it has it has been difficult to obtain a cooperative effort between the State Government and Council. A number of audits have been done of all the illegal signs but the Department of State Growth has not yet agreed to the commencement of a structured sign removal program on their roads. Council has been persistent in trying to progress this matter as most of the signs are within their roads, but without this agreement Council may have to progress the removal of illegal signs on its own. Council does have the power under the under the legislation to do that but has been waiting to obtain the Department's cooperation to do it as a joint effort rather than on its own and we're still seeking that but yes, Council does have the ability to do it on its own.


7 Road Safety Committee

Bruny makes up over half the land mass of Kingborough with a wide variety of road conditions. Will a rep for Bruny ever be considered for a position on the road Safety Committee?


Mayor responds: The road Safety Committee is in a current state of flux will likely to be renamed the Community Safety Committee, but will still have carriage of road safety issues. On the last request for members there were less nominations than there were positions for the committee. So to answer your question is yes, we would love to have somebody from Bruny Island participate on that committee.


8 Noting of Workshop in Minutes

My last question is about a workshop that was held, I believe after the last meeting that wasn't part of the Minutes. Is that not to be part of the Minutes or was that actually held or why wasn't that on the minutes? General Manager responds: It has been an administrative oversight. There was indeed a Council workshop held to discuss BIAC and that should have been recorded here and I’ll make sure that the record reflects that with the date.

Mr John Maynard asked the following question without notice:


9 Bike Tracks, Spring Farm

There doesn’t seem to be any bike paths or tracks in this subdivision for kids or for people to ride to work. I’m just wondering whether putting bike tracks in a brand new subdivision such as this is something that Council should consider or has it been an oversight after the development? Manager Development Services responds: I don't recall all the details of the Spring Farm development which has been approved for a while. I'm happy to take it on notice. There are paths that are provided along the along the waterway as a shared path, but with respect to your question, I'm happy to take it on notice.

Mr Mervin Reed asked the following question without notice:


10 Planning Scheme We have very shortly local area provisions or schedules under the new Planning Scheme about to be released. Do we have copies of these available for each local area provision on the website and can all the ratepayers see them? Manager Development Services responds: They aren't provided on the website at this stage. They haven't come to a Council meeting yet. It will form part of a Council Agenda before it goes to the Commission.


QUESTIONS ON NOTICE FROM COUNCILLORS


1 Alonnah Hall

At the Council meeting on 14 January 2019, Cr Bastone asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

Have the proposed alterations at the Alonnah Hall which will result in the reduction of size of the library, the removal of a storeroom and the formation of yet another meeting room been discussed with Council? Do they need a planning permit to do this? And is it going to be legal to sell goods from the hall which is what they plan to do on a regular basis.


Council staff met with representatives from the Alonnah Hall Management Committee on 16 January 2019 to discuss the scope of works associated with the $150,000 grant received from the State Government towards upgrading of the hall. It is not intended to reduce the size of the library or sell goods from the hall and the committee has been advised of the need to seek formal approval from Council if such alterations are proposed.

Daniel Smee - Executive Manager Governance & Community Services


2 Alonnah Toilets

At the Council meeting on 14 January 2019, Cr Wass asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

I understand that a faulty probe cause the alert system to fail. Has the probe been replaced and was it under warranty at the time and also what was the cost of the repairs to the toilet? Why wasn't a manual inspection of this facility undertaken in the lead-up to peak visitor season? What measures have been taken to ensure there is no repeat of this happening again? How often is telemetry inspected at this and other public toilet sites throughout Kingborough? Do we have confidence going forward?


At this time, it is not believed that the probe and alert system suffered from a malfunction. Nonetheless it is evident that it was not positioned appropriately, such as to allow a more timely response following activation. This was further exacerbated by operational difficulties in sourcing pump-out services during the Christmas/New Year period.

Closures of such infrastructure at any stage is undesirable, whether as a result of infrastructure or process failure. The operational and maintenance issues raised within the question are appropriate and are being reviewed and discussed with relevant staff to improve overall performance in this regard.

Of some limited consolation in this instance is that whilst the storage well reached capacity, (leading to in-operation and subsequent closure of the facilities), the underlying design intent of ensuring no environmental overflows occurred from the site in such circumstances was met.

Craig Reid - Acting Executive Manager Engineering Services



3 Bacterial Count

At the Council meeting on 14 January 2019, Cr Wass asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

Last year there was a very high reading and this year again there’s been an extra high reading and I'd just like to know what active role has the EPA agreed to and has the Derwent Estuary Program proposal to sampling of locations and/or frequencies increased? Has Tas Ports been contacted by council and will they become part of the investigating team? What contact has been made with Hobart and City Councils and what has been agreed to? I understand that sampling is being carried out twice a week now. Why has the sampling frequency not been increased to at least every second day, if not daily? What response has Council received from the State Minister of Environment and also the State opposition counterpart and what additional actions are proposed by Council to get to the bottom of this?


Upon becoming aware of the results for sampling taken on Tuesday 8 January 2019 Council contacted the EPA who are investigating.

The frequency of testing by the Derwent Estuary Program (DEP) has not changed because all beaches in the Derwent are rated on a five year rolling average. Any increase or decrease to that sampling regime would impact that rolling average.

Council officers have been in contact with Tas Ports, DEP, and members of the DEP, plus a range of other stakeholders on a number of occasions. Tas Ports will not become part of the investigating team.

Locating causes for contaminants in recreational water can be complex due to the variable nature of the activities that cause the contaminants. The current DEP’s sampling regime coupled with Council’s sampling is considered sufficient.

The results from these sampling regimes have identified contaminants in the marine water as well as stormwater outfall at Blackmans Bay Beach.

Council has and will continue to liaise with key stakeholders such as the State Government, Department of Health, TasWater and TasPorts to explore possible causes of contaminants that could be entering the recreational water from the marine environment and stormwater.

The data collected from our sampling regime has achieved its intended outcomes which are to provide us with the following:

confirmation that the contamination in the stormwater is sustained and not just a once off event; and

a starting point within the stormwater catchment for commencing a stormwater catchment investigation.

Council and TasWater are about to commence repairs to damaged infrastructure already identified in the Flowerpot Crescent area. Council is also in the process of planning and assembling the necessary resources to conduct an investigation of elements of the Blackmans Bay stormwater catchment with the express aim of trying to identifying the point source for the contaminants.


Essential to the success of the current stormwater catchment investigation and in locating the cause of marine contaminants will be the cooperation of all relevant stakeholders. We look forward to updating the community on the progress of the investigation as information comes to hand.

Andy D'Crus - Building & Plumbing Coordinator


4 Bruny Island Emergency Plan

At the Council meeting on 14 January 2019, Cr Bastone asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

Is this emergency plan for Bruny now complete? Is it up and running and does it comply with the State Emergency Planning Schemes?


The plan remains in draft format and requires further discussion with the State Emergency Service and review by the Kingborough Emergency Management Committee before it can be brought to Council for endorsement.

Belinda Loxley – Emergency Management Coordinator


5 Margate Precinct

At the Council meeting on 14 January 2019, Cr Midgley asked the following question without notice to the General Manager, with a response that the question would be taken on notice:

Are there any future plans regarding safe road crossings in this area?


There are currently no particular plans or specific proposals being considered by Council to undertake road crossing safety upgrades within this area.

It is noted that the Channel Highway through Margate falls within the jurisdiction of the Department of State Growth, so any proposals would require their involvement.

Craig Reid - Acting Executive Manager Engineering Services


6 Kingston Park Community Hub

Cr Westwood submitted the following question on notice:

Is the community hub at Kingston Park on track to open in March 2019?


Yes, the proposed date for the official opening is the 29th March 2019.

Tony Ferrier - Deputy General Manager


QUESTIONS WITHOUT NOTICE FROM COUNCILLORS

Cr Grace asked the following question without notice:


1 Treatment Plant, Blackmans Bay

Now that the works are completed for the sewerage from Margate, Electrona, Snug is now being pumped to Blackman's Bay, how often is TasWater taking samples from the outlet and does Council get a copy of those?

General Manager responds:

The works you mentioned by TasWater have not been completed., TasWater expect to commence commissioning the new treatment plant at Blackmans Bay in February and commissioning could take weeks or months depending on the obvious challenges in moving over to a new treatment plant.

Cr Grace:

As the plant was well over loaded before TasWater commenced, obviously the sewerage from Margate and Dru Point has now been pumped somewhere because they've demolished the ponds at Dru Point and I believe they've demolished the ponds at Electrona. They’ve put three times the capacity over to the Blackmans Bay plant with not been completed. Again, are we getting tests from the outfall?


I'll take that question will notice get a written response.

Cr Wass asked the following question without notice:


2 Bacterial Count

I’d like to refer to my question on bacterial count at the last meeting and thank staff for their response, however, there were a number of question missed. There was a question raised in relation to other Council’s recording unacceptable levels, namely Hobart and Clarence City Council’s and the question I asked is what contact has been made with those Council’s and what has been arranged? Secondly, what response has Council received from the State Minister of Environment and also the State Opposition counterpart.


In relation to the first question Council officers are regularly comparing notes with officer colleagues from not only the Hobart City Council, but also a number of other Councils that have frontage to the Derwent in relation to the challenges that we face and at the moment the only two Councils that have beaches that have been rated poor as a result of the Derwent Estuary Program regime, the Five-Year rolling regime, is the City of Hobart and Kingborough. In relation to your second question, could you repeat that for me?

Cr Wass:

What response has Council received from the State Minister for the Environment and also the state opposition counterpart?


Mayor responds:

I wrote to the Premier two weeks ago. We are yet to receive a response from the Premier. In terms of the opposition the Labor member for Franklin Mr O’Byrne has been in touch and asked for an update. I provided him with all the information that we have at hand.

Cr Midgley asked the following question without notice:


3 Change to Metro Timetables

What consultation did Metro Tasmania have with Council prior to making the timetable changes in Kingborough?

Mayor responds:

My understanding is the answer is none?

Cr Midgley:

How can we change this?

Mayor responds:

To expand on the answer, I was alerted to the issue just before Christmas by the President of the Southern Channel Ratepayers Association. The Southern Channel Ratepayers Association have made a number of representations already and so has Council about this. The first our Council staff were made aware of the timetable changes was when we received the information from the Southern Channel Ratepayers Association. As far as I am aware there was no consultation whatsoever. How can we change it? I don’t know, but certainly I think it’s important that Council makes its position clear on this.

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN


Carols by Candlelight December 2019

MOVED Cr Westwood SECONDED Cr Bastone Can council please provide a report on options for hosting a cost neutral Kingborough Carols by Candlelight event at Kingston Park in December 2019? FOR



Carried Unanimously


PETITIONS STILL BEING ACTIONED

There are no petitions still being actioned.

PETITIONS RECEIVED IN LAST PERIOD


Sealing of Harvey Road and Ritchie Street, Alonnah

MOVED Cr Grace SECONDED Cr Atkinson That the petition be received and referred to the appropriate Department for a report to Council. FOR



Carried Unanimously

OPEN SESSION ADJOURNS


PLANNING AUTHORITY IN SESSION Planning Authority commenced at 6.04pm

OFFICERS REPORTS TO PLANNING AUTHORITY


DELEGATED AUTHORITY FOR THE PERIOD 3 JANUARY 2019 TO 15 JANUARY 2019

MOVED Cr Atkinson SECONDED Cr Wass That the report be noted. FOR



Carried Unanimously

DA-2018-73 - DEVELOPMENT APPLICATION FOR 97 APARTMENTS, 11 RETAIL TENANCIES, BASEMENT PARKING AND RELAXATION OF TOTAL NUMBER OF CARPARKING SPACES AT 6 SUMMERLEAS ROAD, KINGSTON

Report withdrawn.



PSA-2018-3 – PLANNING SCHEME AMENDMENT REQUEST – KINGBOROUGH INTERIM PLANNING SCHEME 2015 – REZONING OF GENERAL RESIDENTIAL AND LOW DENSITY RESIDENTIAL (AREA B) TO GENERAL RESIDENTIAL, LOW DENSITY RESIDENTIAL (AREA C) AND PUBLIC OPEN SPACE AND REMOVAL OF THE LANDSLIDE HAZARD AREA OVERLAY FOR THE LAND AT ‘PRESENTATION SISTERS’, 15 HOME AVENUE, BLACKMANS BAY

MOVED Cr Fox SECONDED Cr Atkinson

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

(a) Council resolve to not initiate Amendment PSA-2018-3 to the Kingborough Interim Planning Scheme 2015; and

(b) Council staff are directed to investigate rezoning of the land at 15 Home Avenue, Blackmans Bay through the drafting of Kingborough Local Provisions Schedule to be more consistent with the views of the community and results of the previous Blackmans Bay Bluff Planning Survey.

MOVED Cr Grace SECONDED Cr Wass That Cr Street speak for a further 3 minutes. FOR

Cr Atkinson Cr Bastone Cr Grace Cr Midgley Cr Street

Cr Wass Cr Westwood Cr Winter

AGAINST

Cr Fox

Carried The motion was then put: FOR

Cr Atkinson Cr Fox Cr Midgley

AGAINST

Cr Bastone Cr Grace Cr Street Cr Wass Cr Westwood

Cr Winter

Lost


Foreshadowed Motion: MOVED Cr Street SECONDED Cr Grace

(a) Pursuant to section 34(1)(a) of the former provisions of the Land Use Planning and Approvals Act 1993, Council resolve to initiate Amendment PSA-2018-3 to the Kingborough Interim Planning Scheme 2015;

(b) Pursuant to section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, Council certify that Amendment PSA-2018-3 to the Kingborough Interim Planning Scheme 2015 meets the requirements of section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager to sign an Instrument of Certification and draft amendment;

(c) Pursuant to section 56S of the Water and Sewer Industry Act 2008, Council refers Amendment PSA-2018-3 to TasWater; and

(d) Pursuant to section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, Council place Amendment PSA-2018-3 to the Kingborough Interim Planning Scheme 2015 on public exhibition for a period of at least 28 days following certification.

FOR

Cr Bastone Cr Grace Cr Street Cr Wass Cr Westwood

Cr Winter

AGAINST

Cr Atkinson Cr Fox Cr Midgley

Carried



DAS-2018-15 - DEVELOPMENT APPLICATION FOR SUBDIVISION OF 22 RESIDENTIAL LOTS, 2 PUBLIC OPEN SPACE LOTS AND 2 ROAD LOTS AT 'PRESENTATION SISTERS', 15 HOME AVENUE, BLACKMANS BAY, COUNCIL LAND CT 33869/1, ROAD RESERVATIONS CT 175556/1 AND CT 14/6163 FOR JMG ENGINEERS & PLANNERS

MOVED Cr Grace SECONDED Cr Westwood That the Planning Authority resolves that the report of the Manager Development Services be received and that in the event that the Council decides to initiate and certify draft amendment PSA-2018-3 under Section 33(3) & Section 35 of the Land Use Planning and Approvals Act 1993 respectively the development application for a 22 lot subdivision of land at 15 Home Avenue, Blackmans Bay, Council Land CT 33869/1, road reservations CT 175556/1 and CT 14/6163, be approved and a draft planning permit granted subject to the following conditions:

1. Except as otherwise required by this Permit, use and development of the land must be substantially in accordance with Development Application No. DAS-2018-15 and Council Plan Reference No. P6 submitted on 17 September 2018 and P7 submitted on 4 October 2018. This Permit relates to the use of land or buildings irrespective of the applicant or subsequent occupants, and whoever acts on it must comply with all conditions in this Permit. Any amendment, variation or extension of this Permit requires further planning consent of Council.

2. A covenant must be included on the titles to lots 10, 16, 21 and 22 to the effect that the lots are designated for multiple dwelling development only.

3. All Public Open Space lots are to be shown as lots on the Final Plan of Survey and endorsed as “Public Open Space”. In accordance with Section 83(1)(a) of the Local Government (Building and Miscellaneous Provisions) Act 1993, these areas must be sold to Council for a nominal consideration. The Final Plan submitted for sealing by the Council is to be accompanied by a signed transfer in respect of these areas and, where applicable, a partial discharge of mortgage, together with the payment of applicable Land Titles Office lodgement fees and payment of Stamp Duty.

4. The footpath on Lot 201 must be constructed prior to the sealing of the Final Plan of Survey for stage 1 of the development.

5. The subdivision may be developed in the following stages:

a) Stage 1 - lots 1 - 17, Lots 19, 20, 22, Road 100 & public open space lots 200 and 201; and

b) Stage 2 - Lots 18, 21, and Road 101.

6. The subdivision and any future use and development of the lots must only occur and be maintained in accordance with the endorsed bushfire hazard management plan - Council Plan Reference P6 submitted on 17 September 2018. Any variation must be supported by the written agreement of an accredited bushfire hazard assessor or the Tasmania Fire Service and be to the satisfaction of Council’s Manager Development Services unless an alternative Bushfire Hazard Management Plan is approved by Council.


7. Prior to the commencement of site works a Soil and Water Management Plan (SWMP) must be prepared by a suitably qualified engineer for the approved staged subdivision construction works to the satisfaction and approval of the Executive Manager – Engineering Services and in accordance with the following:

i) NRM South – Soil and Water Management of Construction Sites Guidelines.

ii) Prior to commencement of each stage of the subdivision the approved SWMP must be implemented and satisfactorily inspected by the Development Inspector.

iii) Suitable approved topsoil must be stockpiled on the site for future reinstatement of disturbed areas for each construction stage.

iv) All cleared vegetation must be removed from the site. Disposal by burying or burning is not permitted.

v) Prior to practical completion of each approved construction stage all disturbed surfaces on the land authorised by this permit, except for those areas set aside for roadways and footpaths, must be dressed to a minimum depth of 50mm with:

Approved local stockpiled topsoil;

Approved weed free imported topsoil; and

Revegetated with local plants, grasses and stabilised.

8. To ensure future development of Lots 8 and 9 retain and protect trees of high conservation value, prior to the permit coming in to effect the applicant must enter into a Part 5 Agreement under the Land Use Planning and Approvals Act 1993 with and to the satisfaction of Kingborough Council to the effect that:

a) no felling, lopping, ringbarking or otherwise injuring or destroying of eucalypt trees with a diameter >25 cam can take place without the prior written consent of Council;

b) development and works must be designed and located to avoid and mitigate impacts on trees identified for retention to the extent feasible, including buildings, access and stormwater.

Council will only approve impacts on these trees where it can be demonstrated that, based on the advice of a suitably qualified arborist (Cert IV Arboriculture and qualified in QTR Assessment), the trees are unable to be retained because either:

(a) the health and viability of the trees is such that they represent a danger; and/or,

(b) there is no feasible alternative location and design which avoids or mitigate the impacts of the development on the health of these trees while also allowing the lot to be developed for its intended purpose; and

c) Any loss of these trees is offset to the satisfaction of Council.

The Part 5 Agreement must also include a copy of the subdivision plan clearly showing the location of the trees to be retained and protected under this condition. This includes trees number 1-5 in Figure 6 of the Natural Values Assessment (North Barker, 17 August 2018).


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

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

9. Prior to the commencement of site works engineering design drawings must be submitted to Council for approval. Engineering design drawings must be generally in accordance with the submitted concept overall and site works plans to the satisfaction and approval of the Executive Manager - Engineering Services and as follows:

(a) IPWEA Tasmanian standard construction drawings and specifications;

(b) Austroads standards;

(c) Australian Rainfall and runoff guidelines;

(d) Kingborough Council’s standard testing methods and procedures;

(e) The plans must include, but not be limited to:

i. The proposed stormwater drainage system must be sized to accommodate the estimated 1% AEP (Annual Exceedance Probability) flow based on a possible future fully-developed catchment. The reticulated stormwater system itself must be sized to accommodate at least the estimated 5% AEP flow based on a possible future fully-developed catchment;

ii. Water sensitive urban design principles must be incorporated to achieve the acceptable stormwater quality and quantity targets required in Table E7.1 of the Kingborough Interim Planning Scheme 2015. Supporting documentation with associated hydraulic calculations and MUSIC modelling must be submitted;

iii. Home Avenue entrance intersection design including kerb indentation to control traffic speed and vehicle priority at the access point and bend with Derwent Avenue;

iv. Home Avenue and Blowhole Road link road pavement width of 8.9m incorporating kerb and channel with concrete footpath (or other alternative approved footpath construction) on both sides of road;

v. Construction of the internal road network in accordance with the approved subdivision staging plan including channelisation, junctions, concrete footpaths, footways, flood ways, and associated stormwater system incorporating underground connections to all proposed lots;

vi. Incorporating and demonstrating consistency with the tree plan required under condition 10.

The engineering plans and specifications must be prepared and certified by a professional Civil Engineer approved by the Executive Manager - Engineering Services.


10. The engineering design drawings required under condition 9 must be developed in consultation with a suitably qualified arborist (Cert IV Arboriculture and qualified in QTR Assessment) and include a tree plan:

(a) identifying all native trees >25cm relative to the subdivision works, including road construction, services and utilities;

(b) demonstrating no further tree removal is required;

(c) demonstrating works are no closer than 5m to the trunk of the tree on proposed Lot 6 and are entirely outside the tree root protection zone of trees within Mary Knoll Reserve;

(d) demonstrating the road, services and utilities are designed, located and constructed to minimise impacts on high conservation value trees and trees located within CT 33869/1;

(e) incorporating mitigation and tree protection measures to be implemented to minimise the impacts of the development on the health of trees to be retained and avoid their loss within the scope of the approved development;

(f) consistent with the arborist assessments submitted with the application (Element Tree Services, 14 August 2018 and 3 October 2018); and

(g) in accordance with Australian Standard 4970-2009 for the protection of trees on development sites; and

(h) to the satisfaction of the Manager Development Services.

All mitigation and protection measures identified in the tree plan must be implemented to the satisfaction of the Manager Development Services. This includes but is not limited to establishing and maintaining a Tree Root Protection zone between any works and adjacent trees prior to commencement of any on site works in accordance with AS 4970-2009 to exclude:

(a) Storing of building materials;

(b) Vehicular traffic;

(c) Placement of fill; and

(d) Excavation works.

Evidence of satisfactory installation of this fencing is to be provided to Council prior to the commencement of any on-site works.

11. One white gum (Eucalyptus viminalis) tree identified for removal on Council Plan Reference P7 submitted on 4 October 2018 (Drawing No. C01, Revision P3) and submitted to Council on 4/10/2018 is approved for removal to accommodate the proposed development subject to an offset of $300 being paid into Council’s Environmental Fund, to be used to manage and conserve the habitat of the forty-spotted pardalote in the vicinity of Kingston.

This tree must not be removed prior to written approval of start of works and the payment of the conservation offset.

FOR ADVICE: All remaining native vegetation, including individual trees, is to be protected and retained during and after construction. No further felling, lopping, ringbarking or otherwise injuring or destroying of native vegetation or individual trees is


to take place without the prior written permission of Council or in accordance with a further permit or otherwise as provided for in the Kingborough Interim Planning Scheme 2015 or otherwise in accordance with law.

12. Vehicular accesses must be constructed in standard grey concrete with a broomed non slip finish to all lots from the back of the kerb crossing layback to the lot boundaries (or lot proper for internal lots) and be in accordance with TSD-R09 and TSD-E01 (Kingborough Council exclusion notes).

13. A “start works” notice must be lodged with Council fourteen (14) days prior to the commencement of any on-site works and works must not commence until this notice has been approved by Council.

14. A Council fee of 2% of the estimated value of the civil engineering construction works (including GST, provisional items and contingencies) for the development or the current minimum fee, whichever is the greater, must be paid at the time of submission of the engineering design plans for approval. The actual amounts payable shall be based on the rates adopted by Council and prevailing at the time of payment.

15. All existing and proposed water, sewer and stormwater pipelines must be provided with all necessary drainage easements and shown on the Final Plan of Survey lodged for sealing.

Specific easements as required by other authorities must also be provided and shown on the Final Plan of Survey lodged for sealing.

16. All existing sewer, water, stormwater, Tas Networks and telecommunication authorities supply infrastructure traversing newly created lots, must be removed and/or replaced as necessary so that they are contained wholly within the boundaries of the specific lot which they service with all associated costs borne by the applicant. The requirements of the relevant service authorities must be strictly complied with by the applicant.

17. All the downpipes, stormwater drains and subsoil drains from the existing buildings must be connected to an approved stormwater connection. The work must be carried out by a licensed plumbing contractor and inspected by a Council Plumbing Surveyor prior to backfilling. The work must be carried out prior to the sealing of the Final Plan of Survey.

18. All the water supply pipes from the existing buildings must be connected to the proposed new water connection by a licensed plumbing contractor and inspected by a Council Plumbing Surveyor prior to backfilling. The work must be carried out prior to the sealing of the Final Plan of Survey.

19. All the sewer connection drains from the existing buildings must be connected to the proposed new sewer connection by a licensed plumbing contractor and inspected by a Council Plumbing Surveyor prior to backfilling. The work must be carried out prior to the sealing of the Final Plan of Survey.

20. The water pipes, sewer and stormwater house connection drains from the buildings being demolished must be sealed and inspected to the satisfaction of Council Plumbing Surveyor. This work is to be carried out prior to the titles being issued.

21. Underground power and telecommunication services must be provided to all lots on the endorsed plan of subdivision in accordance with the requirements of TasNetworks and the telecommunications authority requirements. Services conduits must be provided to the lots proper at the developer’s cost. Services conduits must be provided to the service authority requirements. The underground cabling and street lighting design including annual operating costs must be submitted to Council for approval prior to engineering plan approval.


22. Site filling that exceeds a depth of 300mm must be placed in accordance with AS3798 guidelines for commercial and residential developments 1996. Upon completion of the works, the supervising engineer must confirm in writing that the works have been carried out in accordance with AS 3798. The location of fill areas must be shown on the “as constructed drawings” and Final Plan of Survey submitted for sealing.

23. The supervising engineer must lodge a maintenance bond and bank guarantee of 10% of the total contract sum including GST to cover the satisfactory rectification of all defects and defective works during the statutory 52 weeks maintenance period prior to the issue of Certificate of Practical Completion for each approved stage of the subdivision.

24. At practical completion and the satisfactory completion of all mandatory audit inspections for each approved stage of the subdivision works the supervising engineer must:

Request a joint on site practical completion inspection with the Council’s authorised representative;

Provide written confirmation that the works have been substantially completed in accordance with the Council approved plans and specifications and that the appropriate levels of quality and workmanship have been achieved;

Provide a copy of relevant documentation that all requirements have been carried out as applicable by the following:

o Telecommunication authorities

o TasNetworks

o TasWater;

Provide supervising engineer’s certification that site filling exceeding 300mm has been placed in accordance with AS3798 (guidelines on earthworks for commercial and residential developments). Fill areas must be shown on the ‘As Constructed’ drawings;

Provide a signed checklist for ‘As Constructed’ drawings;

Submit A1 size ‘As Constructed’ drawings in accordance with Council’s Survey Brief, at a scale of 1:200 or 1:500 as appropriate, unless approved otherwise, certified as correct by a registered land surveyor in accordance with Council’s Survey requirements for subdivisions, developments and capital works projects;

Provide CCTV inspection and report (by Council approved contractor) of any new public stormwater infrastructure to be taken over by Council;

Council will issue a Certificate of Practical Completion including a minor defects list, upon the successful completion of:

(a) All mandatory audit inspections;

(b) Provision of acceptable documentation;

(c) Practical completion inspection;

(d) Provision of Bond and Bank guarantees.

25. The satisfactory completion of all public infrastructure for each stage of the subdivision works will be considered achieved when:


(a) A Certificate of Practical Completion has been issued;

(b) All defects and any defective works have been satisfactorily rectified at the completion of the 52 week maintenance period;

(c) Council will be entitled to call upon the bond and bank guarantee funds to complete or rectify any outstanding defective works after the expiry of the maintenance period;

(d) At the end of the statutory 52 week maintenance period, the supervising Engineer must request a joint onsite inspection with the Council’s authorised representative to confirm that all outstanding defects and defective works have been satisfactorily completed;

(e) Upon satisfactory completion of all outstanding defects and defective works Council will issue a notice of satisfactory ‘Final Inspection’ and the public assets will be taken over by Council;

(f) After takeover of the works, it will be the responsibility of the supervising engineer or applicant to request Council to release all Bond and Bank Guarantee monies.

26. All works associated with each approved stage of the subdivision must be completed to the satisfaction of the Executive Manager – Engineering Services prior to the sealing of the Final Plan of Survey by Council for the respective stage. Quality assured contractors may lodge a notice of intent to Council requesting assessment and approval that security be accepted to cover the completion of any outstanding works to enable the sealing of the Final Plan of Survey. The assessment must be in accordance with Council’s policy at the time, is subject to an onsite inspection and report by Council’s officers. The follow must be confirmed in writing:

(a) That all sewer, stormwater, water mains and associated house connections are constructed and capable of satisfactory operation; and

(b) That all requirements of the Electricity and Telecommunication agencies and other relevant service authorities have been satisfactorily completed.

Acceptable “As Constructed” drawings must be provided.

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

ADVICE

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

B. A Final Plan of Survey must be submitted to Council for sealing, together with a Schedule of Easements, a copy of the survey notes, and a copy of the balance plan (where applicable). Payment of Council’s fee for sealing the Final Plan of Survey and Schedule of Easements must be made upon submission of plans.

C. This Permit does not constitute building approval. The developer must obtain building approval for the development prior to commencing any demolition or building modification works.


D. A permit must be obtained in accordance with the provisions of section 14 of the Aboriginal Relics Act 1975 for disturbance of Aboriginal Cultural Material.

E. The Developer should not allocate any property address numbers for the proposed lots.

New property addresses have been allocated as follows:

Lot No. Allocated Property Address

1 35 Home Avenue, Blackmans Bay

















18 3 Un-named Road





FOR

Cr Atkinson Cr Bastone Cr Grace Cr Midgley Cr Street


AGAINST

Cr Fox

Carried


PLANNING AUTHORITY SESSION ADJOURNS


OPEN SESSION RESUMES Open Session of Council resumed at 6.50pm

OFFICERS REPORTS TO COUNCIL


BRUNY ISLAND ADVISORY COMMITTEE

MOVED Cr Fox SECONDED Cr Atkinson That Council resolves to disband the Bruny Island Advisory Committee (effective immediately) and establishes a closer relationship with the Bruny Island Community Association as its main conduit for consultation on the island. FOR

Cr Atkinson Cr Bastone Cr Fox Cr Midgley Cr Street


AGAINST

Cr Grace

Carried

DEVELOPMENT OF A SECOND TURF WICKET IN KINGBOROUGH

Report withdrawn.



THE BRUNY 2020

MOVED Cr Fox SECONDED Cr Bastone

That the request for sponsorship of the BRUNY20 be considered as part of the 2019/20 budget preparation process.

Cr Westwood left the meeting at 7.10pm Cr Westwood returned at 7.12pm

MOVED Cr Atkinson SECONDED Cr Grace

That this matter is deferred until Council has: 1. Held a workshop to discuss the Arts Strategy and this sponsorship proposal;

2. Adopted the Arts Strategy. FOR


Cr Wass Cr Westwood

AGAINST

Cr Street Cr Winter

Carried


COUNCILLORS GIFTS AND BENEFITS POLICY

MOVED Cr Street SECONDED Cr Westwood That the updated Councillors Gifts and Benefits Policy (1.16) as attached to this report be adopted for a further two year period. FOR



Carried Unanimously



CAPITAL WORKS BUDGET REVIEW

MOVED Cr Midgley SECONDED Cr Fox That Council:

a) Notes progress made with the delivery of the Capital Program; and

b) Endorse the reallocation of existing 18/19 funding provisions from Channel Highway, to facilitate expenditure of funds and construction of John Street Kingston.

Cr Street left the meeting at 7.27pm FOR



Carried Unanimously

C88/2-19 (Commences at ± 2 hours of audio recording)

INDEPENDENT AUDIT PANEL MEMBER

MOVED Cr Fox SECONDED Cr Atkinson That John Hills be appointed to the Audit Panel as an independent member for a period of four years. Cr Street returned at 7.30pm FOR



Carried Unanimously


C89/2-19 (Commences at ± 2 hours, 3 minutes of audio recording)

INFORMATION REPORTS

MOVED Cr Atkinson SECONDED Cr Midgley That the following information reports be noted: 1 Mayor’s Communications 2 Financial Report for the period 1 July 2018 to 31 December 2018. 3 Recreational Water Quality Update – Blackmans Bay Beach. Cr Grace left the meeting at 7.40pm Cr Grace returned at 7.41pm FOR



Carried Unanimously

C90/2-19

CONFIRMATION OF ITEMS TO BE DEALT WITH IN CLOSED SESSION

MOVED Cr Fox SECONDED Cr Atkinson That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 Council, by absolute majority, move into closed session to consider the following items:

Item Regulation

Confirmation of Minutes 34(6)

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

General Manager’s Scheduled Performance Review 15(2)(a)

FOR



Carried Unanimously and By Absolute Majority


In accordance with the Kingborough Council Meetings Audio Recording Guidelines Policy, recording of the open session of the meeting ceased. Open Session of Council adjourned at 7.58pm

OPEN SESSION ADJOURNS


OPEN SESSION RESUMES Open Session of Council resumed at 8.10pm

C96/2-19

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

Item Decision

Confirmation of Minutes Confirmed

Applications for Leave of Absence Approved

General Manager’s Scheduled Performance Review Committee Established

FOR

Cr Atkinson Cr Bastone Cr Fox Cr Midgley Cr Street


Carried Unanimously

CLOSURE

There being no further business, the Chairperson declared the meeting closed at 8.11pm

…………………………………… …………………………………… (Confirmed) (Date)

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