ORDINARY COUNCIL MEETING AGENDA WEDNESDAY 22 JANUARY 2020 ORDER OF BUSINESS Order No. Item Page No. 1 PRESENT 3 2 APOLOGIES 3 3 DECLARATION OF PECUNIARY INTERESTS 3 4 DECLARATION OF PERCEIVED INTTERESTS 4 CORRESPONDENCE RECEIVED 5 Dog Control Amendment Act 2019 – Attachment 1 4 SERDA Monthly Reports, November & December 2019 – Attachments – 2 & 3 4 6 PUBLIC QUESTION TIME 4 7 QUESTIONS ON NOTICE 4 8 APPLICATIONS FOR LEAVE OF ABSENCE 5 9 MOTIONS OF NOTICE 5 10 CONFIRMATION OF MINUTES 10.1 Annual General Meeting held 11 December 2019 – Attachment 4 5 10.2 Council Meeting held 11 December 2019 – Attachment 5 5 NOTIFICATION OF COUNCIL WORKSHOP 11 (a) 11 December 2019 5 (b) 22 January 2020 5 12 SUPPLEMENTARY ITEMS 6 13 COUNCILLORS REPORT 13.1 Mayor’s Communication Report 6 13.2 Reports from Council Representatives with Other Organisations 7 Page 1 ORDINARY COUNCIL MEETING AGENDA WEDNESDAY 22 JANUARY 2020 14 COUNCIL ACTING AS A PLANNING AUTHORITY 8 15 15.1 DEPARTMENT REPORTS Officers Reports 7-11 (a) Regulatory Services Report 11-12 (b) Natural Resource Management Report 13 (c) Works Report 14 15.2 (d) Capital Works Report 15 15.3 Monthly Finance Report at 31 December 2020 – Attachment 6 15-22 15.4 Local Government Shares Services Reports – Attachments 7 & 8 23-27 15.5 Code of Conduct Determination Report Amendment to 2019/20 Fees and Charges 16 AUTHORISATION TO CLOSE COUNCIL MEETING TO THE PUBLIC 27-28 17 NEXT MEETING 28 NOTICE OF MEETING Dear Councillor, Notice is hereby given that the next Ordinary Council Meeting of the Tasman Council will be held at the Council Chambers, 1713 Nubeena Road, Nubeena at 5.30pm on Wednesday 22nd January 2020, to discuss business as printed below. I also certify that the contents of the reports have been provided in accordance with Section 65 of the Local Government Act 1993. Dated at Nubeena this 17th day of January 2020. Kim Hossack General Manager Page 2 ORDINARY COUNCIL MEETING AGENDA WEDNESDAY 22 JANUARY 2020 OPEN SESSION AGENDA OF THE ORDINARY MEETING OF TASMAN COUNCIL WEDNESDAY 22 JANAURY 2020 Acknowledgement of Country We respectfully acknowledge the original traditional custodians of this land, the Pydarerme people of the Paredarerme language group. We respectfully acknowledge the Tasmanian Aboriginal Communities and elders past, present and emerging. Disclaimer – This Meeting will be audio recorded for the purpose of verifying of minutes. 1. PRESENT 2. APOLOGIES 3. DECLARATION OF PECUNIARY INTERESTS In accordance with Part 2 Regulation 8 (7) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman of a meeting is to request Councillors to indicate whether they have or are likely to have a pecuniary interest in any item of the agenda. Accordingly, Councillors are requested to advise of a pecuniary interest they may have in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with, in accordance with Part 2 Regulation 8 (6) of the Local Government (Meeting Procedures) Regulations 2015. Section 48 of the Local Government Act 1993 states that: 1) A Councillor must not participate at any meeting of a council, council committee, controlling authority, single authority or joint authority in any discussion, nor vote on any matter, in respect of which the councillor; (a) has an interest; or (b) is aware or ought to be aware that a close association has an interest. 2) A Councillor must declare any interest in a matter before any discussion on the matter commences. 3) On declaring an interest, the councillor is a leave the room in which the meeting is being held. 4) The councillor, by notice in writing, is to advise the general manager of the details of any interest declared under this section within 7 days of so declaring. Additionally, Section 49 (1) determines that an interest is defined as: A Councillor or member has an interest in a matter if the councillor or member or a close association would, if the matter were decided in a particular manner, received, have an expectation of receiving or be likely to receive a pecuniary benefit or pecuniary detriment. Page 3 ORDINARY COUNCIL MEETING AGENDA WEDNESDAY 22 JANUARY 2020 4. DECLARATION OF PRECEIVED INTERESTS Under the Model Code of Conduct made by Order of the Minister responsible for Local Government the following will apply to a Councillor - PART 2 – Conflict of Interest that are not pecuniary (6) A Councillor who has an actual, potential or perceived conflict of interest in a matter before the Council must – (a) Declare the conflict of interest and the nature of the interest before discussion on the matter begins; and (b) Act in good faith and exercise reasonable judgement to determine whether a reasonable person would consider that the conflict of interest requires the Councillor to remove himself or herself physically from any Council discussion and remain out of the room until the matter is decided by the Council. 5. CORRESPONDENCE RECEIVED Dog Control Amendment Act 2019 – Attachment 1 SERDA Monthly Reports, November & December 2019 – Attachment 2 & 3 Recommendation 01/01.2020/C Moved: Cr Seconded: Cr That all correspondence received by accepted and noted. 6. PUBLIC QUESTION TIME In accordance with Regulation 31 of the Local Government (Meeting Procedures) Regulations 2015, Council will conduct a Public Question Time. At each meeting the Mayor will invite those members of the public present to ask questions. When requested please: o Stand up; o State your name and address; and o Ask your question(s) as clearly and as briefly as possible. Members of the public are reminded that questions and any answers to such questions are not to be debated. 7. QUESTIONS ON NOTICE Nil questions on notice received. Page 4 ORDINARY COUNCIL MEETING AGENDA WEDNESDAY 22 JANUARY 2020 8. APPLICATIONS FOR LEAVE OF ABSENCE Nil applications for leave of absence. 9. MOTIONS ON NOTICE Nil Motions of Notice. 10. CONFIRMATION OF MINUTES 10.1 Minutes of the Annual General Meeting held Wednesday 11 December 2019 ATTACHMENT – 4 Recommendation 02/01.2020/C Moved: Cr Seconded: Cr That the Minutes from the Annual General Meeting held Wednesday 11 December 2019 be confirmed. 10.2 Minutes of the Ordinary Council Meeting held Wednesday 11 Wednesday 2019 ATTACHMENT - 5 Recommendation 03/01.2020/C Moved: Cr Seconded: Cr That the Minutes from the Ordinary Council Meeting held Wednesday 11 December 2019 be confirmed. 11. NOTIFICATION OF COUNCIL WORKSHOPS In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the following workshops have been or will be held; Workshop held Wednesday 11 December 2019 – Councillors present where Mayor Spaulding, Deputy Mayor Stacey, Cr Barwick, Cr Fenerty, Cr Garrett, Cr Griffiths and the following was discussed: o LGAT Reform & Community Satisfaction Survey o Roads to Recovery Grant allocation (from November Council Meeting) o Pearls Court Affordable Housing Units – future budget implications o State Grants Commission Board visit A Workshop will be held Wednesday 22 January 2020 – prior to the Council Meeting. Page 5 ORDINARY COUNCIL MEETING AGENDA WEDNESDAY 22 JANUARY 2020 12. SUPPLEMENTARY ITEMS 12.1 Consideration of Supplementary Items to the Agenda In accordance with the requirements of Part 2 Regulation 8 (6) of the Local Government (Meeting Procedures) Regulations 2015, the Council by absolute majority may approve the consideration of a matter not appearing on the agenda, where the General Manager has reported; a) The reason it was not possible to include the matter on the agenda; and b) That the matter is urgent; and c) That advice has been provided under section 65 of the Local Government Act 1993 Recommendation Moved: Cr Seconded: Cr That the Council resolve by absolute majority to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the Local Government (Meeting Procedures) Regulations 2015. 13. COUNCILLORS REPORTS 13.1 Mayor & Acting Mayor’s Communication Report These communications are provided as a courtesy, any items that require Council action and/or decision will be listed as separate agenda items. Any Councillor requiring information on any matter contained in the communication report, please contact the Mayor or Deputy Mayor at any time. MAYOR Kelly Spaulding DATE DESTINATION PURPOSE 10/12/19 Nubeena Tasman’s Emergency Management Meeting 11/12/19 Nubeena Tasman Councils AGM & Ordinary Meeting 11/12/19 Port Arthur Official Opening of Remarkable Cave Redevelopment 11/12/19 Nubeena ABC Television Interview 8/1/20 Nubeena Meeting with General Manager 13 - 22/12/19 Leave of Absence 13/1/20 Nubeena Meeting with Deputy Mayor & General Manager 13/1/20 Nubeena Meeting with General Manager & EHO Re Water Page 6 ORDINARY COUNCIL MEETING AGENDA WEDNESDAY 22 JANUARY 2020 ACTING MAYOR Maria Stacey DATE DESTINATION PURPOSE 17/12/19 Nubeena Australian Citizenship Ceremony 18/12/19 Nubeena Tasman District School presentation assembly Recommendation 04/01.2020/C Moved: Cr Seconded: Cr That the Mayor’s Communication Report as listed be received. 13.2 Reports from Council Representatives with Other Organisations Reports may be tabled at the Council Meeting. Recommendation 05/01.2020/C Moved: Cr Seconded: Cr That the Reports from Council representatives with other organisations be accepted. 14. COUNCIL ACTING AS A PLANNING AUTHORITY The Mayor advised in accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted. In accordance with Regulation 25, the Council will act as a planning authority in respect to those matters appearing under item 13 on this agenda, inclusive of any supplementary items.