CONFIRMATION OF MINUTES OF THE COUNCIL - …...Ulverstone Senior Citizens Club-Mayor’s Cup...

Central Coast Council Minutes - 15 October 2012 1

Minutes of an ordinary meeting of the Central Coast Council held in theCouncil Chamber at the Administration Centre, 19 King Edward Street,Ulverstone on Monday, 15 October 2012 commencing at 6.00pm.

Councillors attendance

Cr Jan Bonde (Mayor) Cr Cheryl Fuller (Deputy Mayor)Cr John Bloomfield Cr Lionel BondeCr Shane Broad Cr Garry CarpenterCr Amanda Diprose Cr Gerry HowardCr Tony van Rooyen Cr Philip Viney

Councillors apologies

Cr Kathleen Downie and Cr Rowen Tongs

Employees attendance

General Manager (Ms Sandra Ayton)Director Corporate & Community Services (Mr Cor Vander Vlist)Director Development & Regulatory Services (Mr Paul Bawden)Director Engineering Services (Mr Bevin Eberhardt)Executive Services Officer (Miss Lisa Mackrill)

Media attendance

The Advocate newspaper.

Public attendance

Three members of the public attended during the course of the meeting.

Prayer

The meeting opened in prayer.

2 Central Coast Council Minutes - 15 October 2012

CONFIRMATION OF MINUTES OF THE COUNCIL

272/2012 Confirmation of minutes

The Executive Services Officer reported as follows:

“The minutes of the previous ordinary meeting of the Council held on17 September 2012 have already been circulated. The minutes are required to beconfirmed for their accuracy.

The Local Government (Meeting Procedures) Regulations 2005 provide that inconfirming the minutes of a meeting, debate is allowed only in respect of theaccuracy of the minutes.”

Cr Howard moved and Cr (L) Bonde seconded, “That the minutes of the previous ordinarymeeting of the Council held on 17 September 2012 be confirmed.”

Carried unanimously

COUNCIL WORKSHOPS

273/2012 Council workshops


“The following council workshops have been held since the last ordinary meeting ofthe Council.

. 24.09.2012 – Riverlinks/Henslowes Park / briefing on LGAT agenda

. 01.10.2012 – Quarterly update with the General Manager

. 08.10.2012 – Cradle Coast Authority Healthy Communities Initiativepresentation / Electoral reform / Use of Fairway Park for Road Safety Parkconcept.

This information is provided for the purpose of record only. A suggested resolutionis submitted for consideration.”

Cr Diprose moved and Cr Carpenter seconded, “That the Officer’s report be received.”

Carried unanimously


MAYOR’S COMMUNICATIONS

274/2012 Mayor’s communications

The Mayor reported on a recent meeting of the newly formed Tasmanian Water andSewerage Corporation Statewide Owners’ Representatives, including the election of theChief Representative, the Deputy Chief Representatives and the Selection Committee.

275/2012 Mayor’s diary

The Mayor reported as follows:

“I have attended the following events and functions on behalf of the Council:

. Radio 7AD - community reports

. Andrew Leary - meetings re food, cycling and tourism

. Turners Beach Playgroup - meetings

. Turners Beach Bowls Club - 40th birthday celebration and performed officialopening of season

. Local Government Association of Tasmania - General Meeting (Brighton)

. Tasmanian Water and Sewerage Corporations - Statewide Owners’Representatives meeting (Brighton)

. Local Government Association of Tasmania - General ManagementCommittee meeting (Brighton)

. Caves to Canyon Expo

. Central Coast Local Food Experience Strategy Reference Group - meeting

. Cradle Coast Schools - Education and Beyond 2013 meeting

. Central Coast Chamber of Commerce and Industry - networking breakfast

. The Governor of Tasmania - Investiture ceremony (Hobart)

. B&E - annual cocktail party (Burnie)

. Forestry Tasmania - Board members dinner (Burnie)

. Ulverstone Senior Citizens Club - Mayor’s Cup presentation

. Central Coast Seniors Week – performed 2012 launch

. Draft Central Coast Open Space and Recreation Plan 2012-2022 -community/sporting clubs consultation

. Rotary Club of Ulverstone West - performed official opening of Health andWellbeing Expo

. Caterprillar Underground Mining Tour of Tasmania - performed official startand presentations for Stage 5: Ulverstone Criterium

. Rotary Club of Ulverstone West and beyondblue - gala dinner

. Penguin Football Club - annual presentation dinner

. Tas Gas - meeting


. Cradle Coast Authority - workshop re financial reporting format forRepresentatives (Burnie)

. Central Coast Chamber of Commerce and Industry - Business ExcellenceAwards 2012 judging

. Business visitation program - VEC Civil Engineering Pty Ltd

. Local Government Association of Tasmania - Water and SewerageImplementation Steering Committee meeting (Hobart)

. The Order of Australia Association, North West Regional Group - receptionfor recipients of Order of Australia awards 2012

. Bush Poets Breakfast – participant in Cradle Coast Mayors Poetry Challenge(Wynyard)

. Ulverstone Football Club - annual dinner.”

The Deputy Mayor reported as follows:


. Ulverstone Soccer Club - annual dinner and presentation night.”

Cr Bloomfield reported as follows:


. Tasmanian Association of Community Houses - official welcome to AnnualState Conference.”

Cr Viney moved and Cr Broad seconded, “That the Mayor’s, Deputy Mayor’s andCr Bloomfield’s reports be received.”

Carried unanimously

276/2012 Pecuniary interest declarations


“Councillors are requested to indicate whether they have, or are likely to have, apecuniary interest in any item on the agenda.”


“The Local Government Act 1993 provides that a councillor must not participate atany meeting of a council in any discussion, nor vote on any matter, in respect ofwhich the councillor has an interest or is aware or ought to be aware that a closeassociate has an interest.


Councillors are invited at this time to declare any interest they have on matters tobe discussed at this meeting. If a declaration is impractical at this time, it is to benoted that a councillor must declare any interest in a matter before any discussionon that matter commences.

All interests declared will be recorded in the minutes at the commencement of thematter to which they relate.”

No interests were declared at this time.

277/2012 Public question time


“At 6.40pm or as soon as practicable thereafter, a period of not more than30 minutes is to be set aside for public question time during which any member ofthe public may ask questions relating to the activities of the Council.

Public question time will be conducted as provided by the Local Government(Meeting Procedures) Regulations 2005 and the supporting procedures adopted bythe Council on 20 June 2005 (Minute No. 166/2005).”

COUNCILLOR REPORTS

278/2012 Councillor reports


“Councillors who have been appointed by the Council to community and otherorganisations are invited at this time to report on actions or provide informationarising out of meetings of those organisations.

Any matters for decision by the Council which might arise out of these reportsshould be placed on a subsequent agenda and made the subject of a consideredresolution.”

Cr Howard reported on a recent meeting of the Riana Community Centre Committee.


APPLICATIONS FOR LEAVE OF ABSENCE

279/2012 Leave of absence


“The Local Government Act 1993 provides that the office of a councillor becomesvacant if the councillor is absent without leave from three consecutive ordinarymeetings of the council.

The Act also provides that applications by councillors for leave of absence may bediscussed in a meeting or part of a meeting that is closed to the public.

There are no applications for consideration at this meeting.”

DEPUTATIONS

280/2012 Deputations


“No requests for deputations to address the meeting or to make statements ordeliver reports have been made.”

PETITIONS

281/2012 Petitions


“No petitions under the provisions of the Local Government Act 1993 have beenpresented.”

COUNCILLORS’ QUESTIONS

282/2012 Councillors’ questions without notice



“The Local Government (Meeting Procedures) Regulations 2005 provide as follows:

‘29 (1) A councillor at a meeting may ask a question without notice of thechairperson or, through the chairperson, of –

(a) another councillor; or

(b) the general manager.

(2) In putting a question without notice, a councillor must not –

(a) offer an argument or opinion; or

(b) draw any inferences or make any imputations –

except so far as may be necessary to explain the question.

(3) The chairperson must not permit any debate of a question withoutnotice or its answer.

(4) The chairperson, councillor or general manager who is asked aquestion without notice may decline to answer the question.

(5) The chairperson may refuse to accept a question if it does not relateto the activities of the council.

(6) Questions without notice, and any answers to those questions, arenot required to be recorded in the minutes.

(7) The chairperson may require a councillor to put a question withoutnotice in writing.’

If a question gives rise to a proposed matter for discussion and that matter is notlisted on the agenda, Councillors are reminded of the following requirements of theRegulations:

‘8 (5) Subject to subregulation (6), a matter may only be discussed at ameeting if it is specifically listed on the agenda of that meeting.

(6) A council by absolute majority… may decide at an ordinary meetingto deal with a matter that is not on the agenda if the generalmanager has reported –

(a) the reason it was not possible to include the matter on theagenda; and


(b) that the matter is urgent; and

(c) that (qualified) advice has been provided under section 65 ofthe Act.’

Councillors who have questions without notice are requested at this time to give anindication of what their questions are about so that the questions can be allocatedto their appropriate Departmental Business section of the agenda.”

The allocation of topics ensued.

283/2012 Councillors’ questions on notice


“The Local Government (Meeting Procedures) Regulations 2005 provide as follows:

‘30 (1) A councillor, at least 7 days before an ordinary meeting of a councilor council committee, may give written notice to the general manager of aquestion in respect of which the councillor seeks an answer at that meeting.

(2) An answer to a question on notice must be in writing.’

It is to be noted that any question on notice and the written answer to the questionwill be recorded in the minutes of the meeting as provided by the Regulations.

Any questions on notice are to be allocated to their appropriate DepartmentalBusiness section of the agenda.

No questions on notice have been received.”

D E V E L O P M E N T & R E G U L A T O R Y S E R V I C E S


DEPARTMENTAL BUSINESS

DEVELOPMENT & REGULATORY SERVICES

284/2012 Development & Regulatory Services determinations

The Director Development & Regulatory Services reported as follows:

“A Schedule of Development & Regulatory Services Determinations made during themonth of September 2012 is submitted to the Council for information. Theinformation is reported in accordance with approved delegations andresponsibilities.”


“A copy of the Schedule has been circulated to all Councillors.”

Cr Bloomfield moved and Cr van Rooyen seconded, “That the Schedule of Development &Regulatory Services Determinations (a copy being appended to and forming part of theminutes) be received.”

Carried unanimously

G E N E R A L M A N A G E M E N T


GENERAL MANAGEMENT

285/2012 Support for the establishment of appropriate mining projects

Cr (L) Bonde (having given notice) moved and Cr van Rooyen seconded, “That the CentralCoast Council express in writing, our support to the Circular Head Council in theirendeavour to encourage the establishment of appropriate mining projects.”

Cr Bonde, in support of his motion, submitted as follows:

“I believe it is very important the councils on the North West Coast demonstrate thatwe are united in our support of mining opportunities that arise in North WestTasmania.

It is important that we demonstrate our united support to Federal Minister TonyBourke as well as our Tasmanian government members. We are losing employmentopportunities on the North West Coast in big numbers for our working people so itis vital to our future that any work opportunities are encouraged in our area.

Of course we want to see all mining operations to be carried out in a manner that iscompatible with the environment and carried out with all regulated requirements ofthat industry, just as we want to see all forms of employment opportunities in anyform meet their regulatory requirements.

The Tarkine area is a huge piece of land, large enough to accommodate mining andall other tourist and conservation areas and care should be taken to seeing thatthese different forms of industry are constructed environmentally friendly so as towork in conjunction with and not in competition with each other. If that is done itwill create labour opportunities that will enhance our communities and go some wayto providing local employment for our local people who will then not need to leaveour area to find employment. It is absolutely essential that we push the message,that we need local employment opportunities and we will unite and fight to achievethat, and we invite all sections of our communities to support our thoughts andactions.

The motto should be, “We Need All Employment Opportunities.”

The General Manager reported as follows:



“BACKGROUND

While the Council has supported the Cradle Coast Authority’s position in regards tothe Tarkine there has been little discussion around the Council table in particulararound the issue of mining. This motion allows for this discussion to ensue.

DISCUSSION

A recent media release from the Cradle Coast Authority stated the following:

‘The Cradle Coast Authority representing the nine north west Tasmanian councils,has issued the following statement on the future development of the Tarkine:

The Cradle Coast Authority and its member councils want the region to benefit fromall that the Tarkine has to offer – mining, tourism, conservation, recreation, culturalheritage and future opportunities.

We believe that with good information, clear rules and clever management, thesevalues can coexist.

We do not support claims for ‘blanket’ policies that either lock up large areas or lockin access rights.

Every proposal needs to be assessed on its own merits and impacts, every userneeds to act responsibly and there need to be penalties for those who don’t.

The Tarkine provides benefits and opportunities that this region values and needs ‐our challenge is to secure as many of them as we can.

Earlier this year, the Authority wrote to the Federal Environment Ministerrecommending that specific areas with heritage significance, including magnesitekarst systems, Aboriginal sites and undisturbed rainforest, be mapped so they can beproperly managed and respected by all land users.’

The Cradle Coast Authority has also put considerable resources into the preparationof a ‘Tarkine Tourism Development Strategy’ and its potential as a tourismdestination (a copy of which is located on the Cradle Coast Authority’s website).

A Fact Sheet, Map and Tarkine Values summary on the National HeritageAssessment process for the Tarkine are provided as annexures to this report.Further information can be found on the Australian Heritage Council website.

CONSULTATION

This notice of motion does not require consultation.



IMPACT ON RESOURCES

There has currently been no impact on resources.

CORPORATE COMPLIANCE

The Central Coast Strategic Plan 2009-2014 includes the following strategies andkey actions:

The Environment and Sustainable Infrastructure. Invest in and leverage opportunities from our natural environment

Council Sustainability and Governance. Strengthen local-regional connections.

CONCLUSION

The motion on notice from Cr (L) Bonde is submitted for consideration.”

Motion Carried unanimously

286/2012 Motion for General Meeting of Local Government Association of Tasmania tobe held on 21 November 2012 – Maintaining the future of key industries inthe State

As she wished to move a motion, the Mayor vacated the Chair in accordance with theprovisions of the Local Government (Meeting Procedures) Regulations 2005.

Mayor (J) Bonde (having given notice) moved and Cr Carpenter seconded, “That theCentral Coast Council submit a notice of motion to the Local Government Association ofTasmania for the next General Meeting to be held on 21 November 2012 that reads asfollows:

‘That the Local Government Association of Tasmania lobby the State Government towork more closely with Local Government to maintain the future of key industries inthe State and to work together to counter the negative impacts on jobs andopportunities arising from anti-development groups in the State.’ ”

Mayor Bonde, in support of her motion, submitted as follows:

“The recent downturn in the forest industry and the potential impacts from the IGAprocess on the future structure of the industry has the capacity to decimate manycommunities around the State. While there are some compelling market factorsassociated with this situation, it is the actions and mobilisation of conservation and



anti-development groups that has particularly raised the ire of councils andcommunities. A similar lobby group has now turned its attention to the Tarkine witha view to halting any mining activity of any sort in the area. There is a grouplobbying strongly against the management of controlled waste at Copping,notwithstanding that the site was built for such activity. There is also a strong andincreasing concern that the growth and success of the aquaculture industry mayresult in it becoming a target of conservation groups.

Already the State is suffering from a significant economic downturn and it cannot befurther hampered by people working in their own interests and those of otherminority groups. The State requires a strong, robust and diverse economic base andcannot afford industries being picked off and targeted by groups simply becausethey differ in their ideology. The State needs jobs and it must be able to rely onexisting industries as well as any future opportunities that may arise. It isimperative that Local Government makes it clear that it supports industry and jobsin this State and will work with anybody and everybody to preserve viable andsustainable industries into the future.”


“PURPOSE

This report considers a motion on notice from Mayor Bonde.

BACKGROUND

Details have been provided by Mayor Bonde.

DISCUSSION

This motion is seeking Council support in taking this issue to the next GeneralMeeting of the Local Government Association of Tasmania to be held on21 November 2012 for discussion.

CONSULTATION

Public consultation was not required for this notice of motion.

IMPACT ON RESOURCES

There is no impact on resources in relation to this motion.





The Environment and Sustainable Infrastructure. Invest in and leverage opportunities from our natural environment. Contribute to a safe and healthy environment. Develop and manage sustainable built infrastructure. Contribute to the preservation of the natural environment.

CONCLUSION

The motion on notice from Mayor (J) Bonde is submitted for consideration.”

Continued after Minute No. 287/2012.

287/2012 Public question time

The time being 6.39pm, the Mayor resumed the Chair and introduced public question time.

Questions and replies concluded at 6.45pm.

Minute No. 286/2012 continued...

In accordance with the provisions of the Local Government (Meeting Procedures)Regulations 2005, the Mayor again vacated the Chair to allow the motion to be dealt with.

Motion Carried unanimously

The Mayor resumed the Chair.

288/2012 Minutes and notes of committees of the Council and other organisations


“The following (non-confidential) minutes and notes of committees of the Counciland other organisations on which the Council has representation have beenreceived:

. East Ulverstone Swimming Pool Management Committee – meeting held on6 September 2012



. Development Support Special Committee – meeting held on 19 September2012

. Penguin Miniature Railway Management Committee – meeting held on25 September 2012.

Copies of the minutes and notes have been circulated to all Councillors.”

Cr Fuller moved and Cr Viney seconded, “That the (non-confidential) minutes and notesof committees of the Council be received.”

Carried unanimously

289/2012 Appointment of a proxy Owners’ Representative to the Single Water andSewerage Corporation (224/2012 – 20.08.2012)


“PURPOSE

The purpose of this report is for the Council to appoint a proxy to the Single Waterand Sewerage Corporation’s Owners’ Representatives body.

BACKGROUND

The Council at its meeting on 20 August 2012 (Minute No. 224/2012) appointedMayor Jan Bonde as the Council’s representative to the Single Water and SewerageCorporation’s Owners’ Representatives body.

DISCUSSION

It has since been suggested that each Council should also formally appoint a proxyto attend these meetings if the Council’s Owner Representative is unable to attend ameeting.

A draft role statement for Owners’ Representatives for the Single Water andSewerage Corporation has been developed including the key roles and structure andprocedures of the Corporation’s Owners’ Representatives body as a guide forcouncils in the selection of a representative and their proxy. The final version isdependent on final legislation, Constitution, other governance documents andapproval by council owners.

CONSULTATION

Consultation is not required on this matter.



IMPACT ON RESOURCES

There are no resource implications to consider in this matter.


The Central Coast Strategic Plan 2009-2014 includes the following strategy and keyactions:

Council Sustainability and Governance. Improve service provision. Strengthen local-regional connections.

CONCLUSION

It is recommended that the Council appoint a proxy to the Single Water andSewerage Corporation Owners’ Representatives body.”

Cr van Rooyen moved and Cr Howard seconded, “That Cr Fuller be appointed as theCouncil’s proxy to the Single Water and Sewerage Corporation’s Owners’ RepresentativesBody.”

Carried unanimously

290/2012 Annual Report for the year ended 30 June 2012


“PURPOSE

The purpose of this report is to approve the Annual Report for the year ended30 June 2012.

BACKGROUND

The Local Government Act 1993 (the Act) provides that a council must prepare anAnnual Report.

An Annual Report for the period 2011-2012 has been prepared as required and acopy has been circulated to all Councillors as a separately bound document.

The Annual Report is the major reporting mechanism to the community.



The Act provides the requirements for the preparation of the Annual Report anddirects that a council must invite the community to make submissions on its reportfor discussion at its Annual General Meeting.

DISCUSSION

Discussion has been provided for within the Annual Report.

CONSULTATION

A draft Annual Report was forwarded to the Tasmanian Audit Office for review inaccordance with Auditing Standard ASA 720 Other Information in DocumentsContaining Audited Financial Reports.

Community reporting will take place as part of the Annual General Meeting which isscheduled to be held in the Council at the Administration Centre at 7.00pm onMonday, 12 November 2012.

IMPACT ON RESOURCES

The cost of preparation of the Annual Report has been provided for within theEstimates.


Preparation of the Annual Report is a statutory requirement.

CONCLUSION

The Annual Report is recommended for approval.”

The Executive Services Officer reports as follows:

“A copy of the Annual Report for the year ended 30 June 2012 has been circulated toall Councillors.”

Cr Carpenter moved and Cr Bloomfield seconded, “That the Annual Report for the yearended 30 June 2012 be approved.”

Carried unanimously

Cr Diprose left the meeting at this stage (7.03pm).



291/2012 Turners Beach Community Representatives Committee – Appointments(191/2012 – 16.07.2012)


“PURPOSE

The purpose of this report is to ask the Council to endorse the appointments to theTurners Beach Community Representatives Committee.

BACKGROUND

The Council at its meeting on 16 July 2012 (Minute No. 191/2012) endorsed theTurners Beach Community Representatives Committee Operating Guidelines andCharter and authorised the General Manager to undertake an expression of interestprocess to appoint Committee members.

DISCUSSION

The Guidelines of the Committee provide for a representative from the TurnersBeach Bowls Club, Turners Beach Cricket/Football Club, Friends of the Dunes,Turners Beach Coastcare, Turners Beach/Leith Neighbourhood Watch Group andthree community members not affiliated with the previously listed communitygroups to form the Turners Beach Community Representatives Committee.

Advertisements for three community members were placed in The Advocate (LocalGovernment Notices and the Council’s monthly page) as well as posters displayed atthe two shops in the Turners Beach locality.

A letter was sent out on 16 August 2012 to the groups identified above asking forthem to nominate a representative for the Committee if they were interested inattending.

There were three expressions of interest for the positions of communityrepresentatives and all clubs/organisations have committed to forming part of thisCommittee with the exception of the Turners Beach Cricket/Football Clubs.

It is recommended that the make-up of this Committee be as follows:

Community representatives -

. Mr John Cornell Snr.

. Mr Andrew Leary

. Mr Neville Dobson



Community Groups -

. Turners Beach Bowls Club representative (Mr Barry Isaac)

. Turners Beach/Leith Neighbourhood Watch representative (Mrs MerrynGilham)

. Friend of the Dunes representative (Mr Robert Best/Mr John P. Cornell) - oneto be a proxy only

. Turners Beach Coastcare representative (name of representative yet to beadvised).

CONSULTATION

Consultation was undertaken for community representatives through The Advocatenewspaper and placing of posters at the shops in the Turners Beach locality. Letterswere sent to each individual group seeking names to be part of the Committee.

IMPACT ON RESOURCES

Apart from staff time in administering this process and advertisement costs therehas been limited impact on our resources.



Council Sustainability and Governance. Effective communication and engagement. Strengthen local-regional connections.

CONCLUSION

It is recommended that the Council endorse the following communityrepresentatives and community groups to be appointed to the newly establishedTurners Beach Community Representatives Committee:



. Mr Andrew Leary

. Mr Neville Dobson

Community Groups -




. Turners Beach/Leith Neighbourhood Watch representative (Mrs MerrynGilham)

. Friend of the Dunes representative (Mr Robert Best/Mr John P. Cornell) - oneto be a proxy only

. Turners Beach Coastcare representative (name of representative yet to beadvised).”

Cr van Rooyen moved and Cr Viney seconded, “That the following communityrepresentatives and community groups to be appointed to the newly established TurnersBeach Community Representatives Committee:



. Mr Andrew Leary

. Mr Neville Dobson

Community Groups -


. Turners Beach/Leith Neighbourhood Watch representative (Mrs Merryn Gilham)

. Friend of the Dunes representative (Mr Robert Best/Mr John P. Cornell) - one to be aproxy only

. Turners Beach Coastcare representative (name of representative yet to be advised).”

Carried unanimously

292/2012 Local government electoral arrangements


“PURPOSE

The purpose of this report is to seek the Council’s policy position in relation to thequestions in the Discussion Paper ‘Proposed Changes to Local Government ElectoralArrangements.’

BACKGROUND

At the Local Government Association of Tasmania (LGAT) Annual Conference theMinister for Local Government, Bryan Green MP, announced his intention to consulton a number of proposed changes to local government electoral arrangements. ThePremier’s Local Government Council considered the proposals put forward and



agreed to the formation of a working group to consider the proposals. The workinggroup comprised of representatives from the Division of Local Government, Securityand Emergency Management, the LGAT and local government, with technical adviceprovided by the Tasmanian Electoral Commission. A copy of the Discussion Paperdeveloped by the working group has previously been distributed to all Councillorsand is also provided as an annexure to this report.

DISCUSSION

The proposed changes outlined in the Discussion Paper include:

. introducing opt-in compulsory voting, whereby a council may choose tomake voting in local government elections compulsory within its municipalarea;

. banning dual representation, so that a person cannot in future hold a seat oncouncil and in State Parliament at the same time;

. introducing all-in, all-out elections every four years, with four-year termsfor mayors and deputy mayors; and

. moving to election of deputy mayors ‘around the table’ rather than bypopular vote.

The Discussion Paper provides more detailed discussion on each proposal.

Council—opt-in compulsory voting -

The Council, at its meeting on 20 February 2012 (Minute No. 46/2012), formed itspolicy position of supporting the introduction of compulsory voting and the ballot tobe undertaken by postal vote. Minute No. 46/2012 is provided as an annexure tothis report and outlines the arguments in favour of or against supportingcompulsory voting in local government elections. The Council at this meeting didnot form a position on ‘opt-in’ compulsory voting.

The main area of concern outlined at the Councillors’ Workshop on Monday,8 October was that this would be more confusing for voters regarding whether theywere required to vote in their local council election if an ‘opt-in’ model wasintroduced and there was also general agreement with the issues associated asoutlined in the Discussion Paper. The general view was that there needs to beconsistency statewide in whatever model is used – compulsory or non-compulsory.



Dual representation -

The Council does not have a policy position on whether elected councillors shouldbe able to concurrently hold a seat in the State Parliament. A change to prohibit this‘dual representation’ is proposed. Tasmania is currently the only Australian State toallow dual representation to occur. The decision on this matter is sought only inregard to State Parliament as under the Commonwealth Electoral Act 1918 membersof State Parliaments are prohibited from nominating for the Senate or the House ofRepresentatives.

All-in, all-out with four-year terms for mayors and deputy mayors -

The Council’s current position is that it supports municipal elections to beconducted every four years and all-in, all-out elections. This policy position doesnot extend to support for all-in, all-out with four-year terms for mayors and deputymayors.

The Discussion Paper examines this proposal in detail and should be referred towhen forming a position.

Around-the-table election of deputy mayors -

Currently, deputy mayors are popularly elected and a candidate must choosebetween nominating for mayor or deputy mayor. The current system can result in aperson who nominates for mayor and is unsuccessful in that contest having noaccess to a leadership position for another two years, until the next ordinary councilelection.

The Discussion Paper examines this issue in detail and should be referred to whenforming a position.

CONSULTATION

A Councillors’ Workshop was conducted on 8 October to work through the ProposedChanges to Local Government Electoral Arrangements Discussion Paper and theDivision of Local Government, Security and Emergency Management will hold aregional workshop on 15 October 2012 to allow the opportunity for electedmembers to provide feedback directly on the proposed changes.

IMPACT ON RESOURCES

There is currently no impact on resources but the Council will need to be mindful ofcost impacts if these proposals are legislated.




The Central Coast Strategic Plan 2009-2014 includes the following strategies andkey actions

Council Sustainability and Governance. Improve corporate governance. Effective communication and engagement.

CONCLUSION

The Council will need to determine its own position on these matters and theDiscussion Paper, along with the Council’s current policy position on elections isprovided to help inform Councillors in making their decision.”


“A copy of the Discussion Paper ‘Proposed Changes to Local Government ElectoralArrangements’ and Minute No. 46/2012 – 20.02.2012 have been circulated to allCouncillors.”

Cr Diprose returned to the meeting at this stage (7.05pm).

Cr van Rooyen moved and Cr Viney seconded, “That the Council advise the Director,Division of Local Government, Security and Emergency Management that while the Councilsupports compulsory voting it does not support the opt-in model and its current position isthat it would only support compulsory voting on the basis that it was implemented on astatewide basis.”

Carried unanimously

Cr (L) Bonde moved and Cr Carpenter seconded, “That the Council advise the Director,Division of Local Government, Security and Emergency Management that the Councilsupports the continuation of allowing dual representation in local government elections.”

Voting for the motion Voting against the motion(5) (5)Cr (L) Bonde Cr (J) BondeCr Carpenter Cr BloomfieldCr Diprose Cr BroadCr van Rooyen Cr FullerCr Viney Cr Howard

Motion Lost



Cr Fuller moved and Cr Howard seconded, “That the Council advise the Director, Divisionof Local Government, Security and Emergency Management that the Council does notsupport allowing dual representation in local government elections.”

Voting for the motion Voting against the motion(6) (4)Cr (J) Bonde Cr (L) BondeCr Bloomfield Cr CarpenterCr Broad Cr DiproseCr Fuller Cr VineyCr HowardCr van Rooyen

Motion Carried

Cr Fuller moved and Cr Howard seconded, “That the Council advise the Director, Divisionof Local Government, Security and Emergency Management that the Council supports themove to all-in, all-out with four year terms for mayors and deputy mayors.”

Voting for the motion Voting against the motion(8) (2)Cr (J) Bonde Cr (L) BondeCr Broad Cr BloomfieldCr CarpenterCr DiproseCr FullerCr HowardCr van RooyenCr Viney

Motion Carried

Cr Fuller moved and Cr (L) Bonde seconded, “That the Council advise the Director,Division of Local Government, Security and Emergency Management that the Council doesnot support the move to around-the-table election of deputy mayors.”

Carried unanimously

C O R P O R A T E & C O M M U N I T Y S E R V I C E S


CORPORATE & COMMUNITY SERVICES

293/2012 Contracts and agreements

The Director Corporate & Community Services reported as follows:

“A Schedule of Contracts and Agreements (other than those approved under thecommon seal) entered into during the month of September 2012 has beensubmitted by the General Manager to the Council for information. The informationis reported in accordance with approved delegations and responsibilities.”



Cr van Rooyen moved and Cr Bloomfield seconded, “That the Schedule of Contracts andAgreements (a copy being appended to and forming part of the minutes) be received.”

Carried unanimously

294/2012 Correspondence addressed to the Mayor and Councillors


“PURPOSE

This report is to inform the meeting of any correspondence received during themonth of September 2012 and which was addressed to the ‘Mayor and Councillors’.Reporting of this correspondence is required in accordance with Council policy.

CORRESPONDENCE RECEIVED

The following correspondence has been received and circulated to all Councillors:

. Letter from Penguin High School requesting that the Council pursue theestablishment of a sporting hub as flagged in The Advocate newspaperwithin the Dial Range Sporting precinct.

. Letter raising concerns over increased traffic flows in Hogarth Road andZig Zag Road, Sulphur Creek.

. Letter concerning the Clerke Street sign in Penguin.

Where a matter requires a Council decision based on a professionally developedreport the matter will be referred to the Council. Matters other than those requiring



a report will be administered on the same basis as other correspondence received bythe Council and managed as part of the day-to-day operations.”

Cr van Rooyen moved and Cr Viney seconded, “That the Director’s report be received.”

Carried unanimously

295/2012 Common seal


“A Schedule of Documents for Affixing of the Common Seal for the period18 September 2012 to 15 October 2012 is submitted for the authority of theCouncil to be given. Use of the common seal must first be authorised by aresolution of the Council.

The Schedule also includes for information advice of final plans of subdivisionsealed in accordance with approved delegation and responsibilities.”



Cr Howard moved and Cr Viney seconded, “That the common seal (a copy of theSchedule of Documents for Affixing of the Common Seal being appended to and formingpart of the minutes) be affixed subject to compliance with all conditions of approval inrespect of each document, and that the advice of final plans of subdivision sealed inaccordance with approved delegation and responsibilities be received.”

Carried unanimously

296/2012 Financial statements


“The following principal financial statements of the Council for the period ended30 September 2012 are submitted for consideration:

. Summary of Rates and Fire Service Levies

. Operating and Capital Statement

. Cashflow Statement

. Capital Works Resource Schedule.”




“Copies of the financial statements have been circulated to all Councillors.”

Cr van Rooyen moved and Cr (L) Bonde seconded, “That the financial statements (copiesbeing appended to and forming part of the minutes) be received.”

Carried unanimously

297/2012 Lease of Council land at 83 Henslowes Road, Ulverstone


“PURPOSE

The purpose of this report is to consider a request from Kim Haines (RiverlinksTasmania) to lease/purchase Council land at 83 Henslowes Road for the purpose ofthe establishment of a proposed development application involving a manager’sresidence and two cabins.

BACKGROUND

On Thursday, 16 August 2012 the Council received a letter from Kim Hainesaddressed to the Mayor and Councillors which detailed a range of reasons as to whyRiverlinks Tasmania was no longer able to pursue the tourism project detailed in the2003 draft development proposal ‘Gawler River Goldfields’, as the background tothe Development Application presented for consideration in June 2012. The letterfurther asked if the Council:

‘…would reconsider permitting me the option to release 83 Henslowe’s Road with along term lease of 20 years +options+ renewal options, with the security offered inlease and 1st option to buy the land, to allow the establishment of the new DA thatwas presented in June 2012. I am happy to negotiate the desired conditions. Iintend to include settlement history within the site.

If this is not approved, I would like to make the offer to buy all or part of the land tobuild the June 2012 DA that was presented. Options could be placed in a writtendocument to ensure compliance with the conditions approved in the DA.’

DISCUSSION

All Councillors have received a copy of the letter from Riverlinks Tasmania. Thisletter deals with a number of issues that are claimed to have impacted on thechange of the proposed development of the site between 2005 and 2012, resulting



in a significant change between the 2003 draft development proposal ‘Gawler RiverGoldfields’ and the 2012 Development Application.

In September 2005 the Council passed the following motion (Minute No. 300/2005- 19.09.2005):

‘That the Council agree to lease certain land in Henslowes Road, being all orpart of Titles 213160/1, 213167/1 and 237608/1, to Riverlinks Tasmaniafor a period of twenty-one years, with an option to buy, for the purpose ofan environmental tourism development subject to:

1 Riverlinks Tasmania undertaking to meet all infrastructure costsrelated to the development;

2 the Council charging a commercial rental assessed annually based ona valuation by a registered valuer; and

3 any necessary terms and conditions being finally negotiated by theGeneral Manager.’

The report and subsequent motion were undertaken in response to a letter receivedfrom Riverlinks Tasmania in April 2005 that specified in part:

‘…Infrastructure will include Gawler River Gold Fields Interactive Display, NiettaTramway Display and Station, five early Australian designed cabins accommodatingeight persons each, a Café, commercial pontoon and hire craft and CaretakerResidence with administration offices.’

While the Council appreciates the changes that are claimed to have impacted on theoriginal proposal there is no doubt that the Council’s decision to lease the land wasbased on the nature of the particular tourism experience that was to be createdbased on the information provided in 2005.

The land is currently zoned as Environmental Management and cannot besubdivided. The land borders a Crown reserve at Henslowes Park as well as theGawler River and provides a significant green belt at the edge of the urban fringe (alocation map is provided as an annexure to this report).

The location of the land in question, and its relevance and sensitivity within thecontext of the increased urbanisation of the area are such that the Council is keento ensure that the land is used specifically for an appropriate tourism venture, onethat is in keeping with the area.



While the original 2003 Gawler River Goldfields development proposal focussed on arange of tourism attractions, the 2012 Development Application is largely restrictedto the provision of limited accommodation, a service that would not be unique tothis area, or one that would maximise the tourism opportunities that should still beavailable on this site.

While the Council’s land at 83 Henslowes Road is not designated as public land,there has been significant public interest in the use of the land such that it isimportant that any lease of the land should be for a purpose that reflects thatcommunity concern and provides a clear community benefit. The Council remainscommitted to pursuing suitable long-term tourism opportunities that wouldenhance the value of the property.

CONSULTATION

Limited consultation has been undertaken.

IMPACT ON RESOURCES

Should the Council decide to lease or sell the property, costs involved include thecost of revaluing the property. It is anticipated that an amount of approximately$350 would be required to cover those costs.

The property will also require surveying and the possible issuing of a new title priorto any lease or sale. Costs in the region of $2,500 to $5,000 are anticipated in thisarea.

Further legal costs would be incurred by the sale process.



The Shape of the Place. Improve the value and use of open space. Adopt an integrated approach to land use planning. Conserve the physical environment in a way that ensures we have a healthy

and attractive community. Encourage a creative approach to new development

A Connected Central Coast. Improve community wellbeing



Community Capacity and Creativity. Facilitate entrepreneurship in the business community. Cultivate a culture of creativity in the community

The Environment and Sustainable Infrastructure. Invest in and leverage opportunities from our natural environment. Contribute to a safe and healthy environment. Contribute to the preservation of the natural environment.

CONCLUSION

It is recommended that the Council continue to make the land at 83 HenslowesRoad available for grazing purposes until such time as the draft Open Space andRecreation Plan 2012-2022 and relevant actions is endorsed.”


“A location plan of the property has been circulated to all Councillors.”

Cr van Rooyen moved and Cr Fuller seconded, “That the Council does not support thelease/purchase of land for the proposed development of a manager’s residence and twocabins by Riverlinks Tasmania at 83 Henslowes Road, Ulverstone, but will continue to makethe land available for grazing purposes until such time as the draft Open Space andRecreation Plan 2012-2022 and relevant actions is endorsed.”

Voting for the motion Voting against the motion(9) (1)Cr (J) Bonde Cr HowardCr BloomfieldCr (L) BondeCr BroadCr CarpenterCr DiproseCr FullerCr van RooyenCr Viney

Motion Carried

E N G I N E E R I N G S E R V I C E S


ENGINEERING SERVICES

298/2012 Engineering Services determinations

The Director Engineering Services reported as follows:

“There are no matters from the Engineering Services Department for decision at thismeeting.”


CLOSURE OF MEETING TO THE PUBLIC

299/2012 Meeting closed to the public


“The Local Government (Meeting Procedures) Regulations 2005 provide that ameeting of a council is to be open to the public unless the council, by absolutemajority, decides to close the meeting or part of the meeting because it wishes todiscuss a matter (or matters) in a closed meeting and the Regulations provideaccordingly.

Moving into a closed meeting is to be by procedural motion. Once a meeting isclosed, meeting procedures are not relaxed unless the council so decides.

It is considered desirable that the following matter be discussed in a closedmeeting:

. Minutes and notes of other organisations and committees of the Council.

This is a matter relating to:

. information provided to the Council on the condition it is kept confidential.”

Cr Diprose left the meeting at this stage (8.30pm).

Cr Viney moved and Cr (L) Bonde seconded, “That the Council close the meeting to thepublic to consider the following matter, it being a matter relating to:

. information provided to the Council on the condition it is kept confidential;

and the Council being of the opinion that it is lawful and proper to close the meeting to thepublic:

. Minutes and notes of other organisations and committees of the Council.”

Carried unanimously

The Executive Services Officer further reported as follows:

“1 The Local Government (Meeting Procedures) Regulations 2005 provide inrespect of any matter discussed at a closed meeting that the generalmanager is to record in the minutes of the open meeting, in a manner that


protects confidentiality, only the fact that the matter was discussed and isnot to record in the minutes of the open meeting the details of the outcomeunless the council determines otherwise.

2 The Local Government Act 1993 provides that a councillor must not discloseinformation seen or heard at a meeting or part of a meeting that is closed tothe public that is not authorised by the council to be disclosed.

Similarly, an employee of a council must not disclose information acquired assuch an employee on the condition that it be kept confidential.

3 In the event that additional business is required to be conducted by a councilafter the matter(s) for which the meeting has been closed to the public havebeen conducted, the Regulations provide that a council may, by simplemajority, re-open a closed meeting to the public.”



GENERAL MANAGEMENT

300/2012 Minutes and notes of other organisations and committees of the Council


“The following minutes and notes of committees of the Council and otherorganisations on which the Council has representation have been received:

...

The Local Government (Meeting Procedures) Regulations 2005 provide in respect ofany matter discussed at a closed meeting that ‘the general manager –

(a) is to record in the minutes of the open meeting, in a manner that protectsconfidentiality, only the fact that the matter was discussed; and

(b) is not to record in the minutes of the open meeting the details of theoutcome unless the council or council committee determines otherwise.’

The details of this matter are accordingly to be recorded in the minutes of theclosed part of the meeting.”

Cr Diprose returned to the meeting at this stage (8.31pm).


Closure

There being no further business, the Mayor declared the meeting closed at8.33pm.

CONFIRMED THIS 19TH DAY OF NOVEMBER, 2012.

Chairperson

(lmm:vjl)

Appendices

Minute No. 284/2012 - Schedule of Development & Regulatory ServicesDeterminations

Minute No. 293/2012 - Schedule of Contracts & AgreementsMinute No. 295/2012 - Schedule of Documents for Affixing of the

Common SealMinute No. 296/2012 - Financial statements

CONFIRMATION OF MINUTES OF THE COUNCIL - …...Ulverstone Senior Citizens Club-Mayor’s Cup...

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