mansfield shire council mansfield shire special meeting of council minutes mansfield ... · 2018....

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MANSFIELD SHIRE COUNCIL Special Meeting of Council

MANSFIELD SHIRE

MINUTES

TUESDAY, 10 APRIL 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

4.00PM

CONTENTS

1. OPENING OF THE MEETING............................................................................................... 2

2. STATEMENT OF COMMITMENT ........................................................................................ 2

3. ACKNOWLEDGEMENT OF COUNTRY ............................................................................... 2

4. APOLOGIES.............................................................................................................................. 2

5. DISCLOSURE OF CONFLICT OF INTERESTS .................................................................. 2

6. DEPUTATIONS ........................................................................................................................ 3

7. PRESENTATION OF REPORTS ............................................................................................ 4

7.1 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Lots 2, 3, 4, 5, 6 and 7 of Plan of Subdivision 091109, Minerva Street, Mansfield ...................... 4

Attachment 7.1 ................................................................................................................ 8

7.2 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Reserve 2, of Plan of Subdivision 639388, 23 Redgum Drive, Mansfield .......................... 87

Attachment 7.2 .............................................................................................................. 90

7.3 Such Other Business Admitted by the Unanimous Resolution of the Council ......... 92

8. MEETING CLOSURE ............................................................................................................ 92

Mansfield Shire Council – Special Meeting of Council: 10 April 2018

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MINUTES

TUESDAY, 10 APRIL 2018 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

4.00PM

1. OPENING OF THE MEETING

The Mayor, Cr Volkering, opened the meeting at 4.00pm.

Councillors: Marg Attley Tolmie Ward Peter Olver Mansfield Ward Paul Volkering Mansfield Ward Cr Paul Sladdin Bonnie Doon Ward Harry Westendorp Jamieson Ward

Chief Executive Officer: Alex Green Community Services Manager: Melanie Hotton Business Service Co-ordinator Amanda Lovick

2. STATEMENT OF COMMITMENT The Councillors affirmed the following Statement of Commitment: “We the Councillors of Mansfield Shire / declare that we will undertake on every occasion / to carry out our duties in the best interests of the community / and that our conduct shall maintain the standards of the Code of Good Governance / so that we may faithfully represent / and uphold the trust placed in this Council by the people of Mansfield Shire.”

3. ACKNOWLEDGEMENT OF COUNTRY

The Councillors affirmed the “Acknowledgement of Country” for the Mansfield Shire Council:

“Mansfield Shire Council recognises that indigenous people have been custodians of this area for generations. We acknowledge the living culture and unique role of Taungurung people in our region.”

4. APOLOGIES Cr Peter Olver, Mansfield Ward 5. DISCLOSURE OF CONFLICT OF INTERESTS Mayor Cr Paul Volkering declared there may be a pre-apprehension of bias in item

7.1 of the Agenda.

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Councillors Attley/Sladdin: That Deputy Mayor Cr Harry Westendorp assume the Chair for the remainder of the meeting.

4.05pm Mayor Cr Paul Volkering, having declared there may be a pre-

apprehension of bias, departed the meeting before the hearing of Deputations (item 6) and item - 7.1 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Lots 2, 3, 4, 5, 6 and 7 of Plan of Subdivision 091109, Minerva Street, Mansfield. Cr Volkering did not return to the meeting.

6. DEPUTATIONS

The following deputations were made in relation to item 7.1 - Notice of Intention to sell Lots 2, 3, 4, 5, 6 and 7 of Plan of Subdivision 091109, Minerva Street, Mansfield

· Debbie Roberts · Margaret Adcock · Don Lawson · Frederick Ward · Rosemary Margetts · Justin Meadows · Martin Hunt · Janet MacKenzie · June Moehr · Catherine Woodward · Mansfield Tennis Association · Robert Graves · Michelle Notley · Darren LeBrocque · Jeff Robinson · Dawn Breadon · Terry Carroll · Jan Cunningham · Anne Arbuthnot (apology)

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7. PRESENTATION OF REPORTS

7.1 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Lots 2, 3, 4, 5, 6 and 7 of Plan of Subdivision 091109, Minerva Street, Mansfield

File Number: E5018 Responsible Officer: Community Services Manager, Melanie Hotton Disclosure of Conflicts of Interest The author of this report has no direct or indirect conflicts of interest, as defined in the Local Government Act 1989, in relation to this item. Introduction This report outlines the submissions received during the consultation period of the Notice of Intention to sell and seeks a Council resolution to receive and note the written and verbal submissions to the notice. Background At its meeting of 20 February 2018, Council resolved to give Notice of its Intention to sell Lots 2, 3, 4, 5, 6 and 7 of Plan of Subdivision 091109, Minerva Street, Mansfield, in accordance with Section 189 of the Local Government Act 1989. Pursuant to Section 223 of the Local Government Act 1989, the public notice invited interested persons to make a submission in relation to the Notice of Intention to sell and request to make a verbal representation or to have someone make a verbal representation on their behalf in support of their submission at the Special Meeting of Council on 10 April 2018. The purpose of the Special Meeting of Council is to consider and hear all written and verbal submissions. In total 38 submissions were received to the Notice of Intention to Sell (see attached) including a petition. Several phone calls were taken from residents enquiring on when the lots would be available to purchase. They are summarised as follows: Submitter General comments Supportive /

Unsupportive Verbal deputation

Anne Arbuthnot (Apology)

Loss of public open space, impact on amenity and native vegetation

Unsupportive Yes

Debbie Roberts Loss of passive recreation and environmental impacts

Unsupportive Yes

Petition 246 signatures Unsupportive Margaret Adcock Supportive Yes Don Lawson Loss of public open space Unsupportive Yes Frederick Ward Loss of public open space Unsupportive Unsure

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7.1 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Lots 2, 3, 4, 5, 6 and 7 of Plan of Subdivision 091109, Minerva Street, Mansfield cont.

Submitter General comments Supportive /


Rosemary Margetts Loss of public open space Unsupportive Yes Justin Meadows Loss of public open space Unsupportive Yes Louise Calvert-Jones Reduction in amenity Unsupportive Yes Kammy Cordner-Hunt

Loss of public open space Unsupportive Unsure

Janet MacKenzie Loss of public open space Unsupportive Unsure Amanda and Rowan Swaney

Loss of public open space Unsupportive No

Anne Fleming Loss of public open space Unsupportive No Sheena Daykin Loss of public open space,

increased traffic Unsupportive No

June Moehr Unsupportive Unsure Heather Ingpen Loss of public open space Unsupportive No Julie King Loss of public open space Unsupportive No Avis Crawford Loss of public open space Unsupportive No Paul Kouris Loss of public open space Unsupportive No Catherine Woodward Loss of public open space and

amenity Unsupportive Yes

Mansfield Tennis Association

Loss of grounds for expansion, parking and public open space

Unsupportive Yes

Bruce Ouwerkerk Loss of amenity and public open space

Unsupportive No

Robert Graves Loss of public open space. No identification for use of funds.

Unsupportive Yes

Joan Esser Loss of public open space Unsupportive No Michelle Notley Loss of public open space Unsupportive Unsure Darren LeBrocque Loss of public open space,

Environmental impact Unsupportive Unsure

Gail O’Halloran Loss of public open space Unsupportive No Tim Vardy & Jayne Ames

Loss of public open space, Environmental impacts

Unsupportive No

Peter and Annette Morgan

Loss of public open space Unsupportive Unsure

Jill Fitzpatrick Loss of native trees Unsupportive No Jeff Robinson Loss of public open space Unsupportive Unsure Charlotte Robinson Loss of public open space Unsupportive Unsure Catherine Spencer Loss of public open space Unsupportive Unsure Jock Christopher Sell the land and use the money to

install curb and channel on Elvins Supportive No

Dawn Breadon Loss of public open space Unsupportive Yes Terry Carroll Loss of public open space Unsupportive No Jan Cunningham Loss of public open space Unsupportive Yes Nell Padbury Loss of public open space Unsupportive Yes

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A discussion of the issues raised is contained further in the report (see Officer’s Comments). Statutory Requirements In relation to the acquisition, holding, dealing and disposal of property Council must comply with Section 5(2)(d) of the Local Government Act 1989 when performing its functions and exercising its powers. Council Plan The consultative process undertaken to date is consistent with the following objectives of the 2017-21 Council Plan: Strategic Objective 1.1 Our community has a say in matters of interest to them; and Strategic Objective 2.1 Council has a strategic, long term financial plan to secure its

ongoing financial sustainability. Financial There has only been administration costs associated with the review of these properties. Council will obtained a valuation for each parcel of land in accordance with Section 189 of the Local Government Act 1989. All revenue received from the disposal of this land would be treated as general revenue in the year it is received and would be considered as part of Council’s annual budget. If sold, these properties will become rateable under the Local Government Act 1989. Environmental There are a number of native trees located on the site. The lots are already subdivided and below 0.4 hectares in size, therefore no tree reserves are required to be established. Community Engagement The Notice of Intention was advertised for a period of 28 days in the Mansfield Courier, Social media and on the Council’s website. A letter box drop was also conducted on the residents of Minerva Street South and a door knock undertaken by staff.

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Officer’s Comments The original parcel of land known as Lot 11 on Plan of Subdivision No. 74931 located at 10 – 18 Elvins Street, Mansfield was purchased by John and Elizabeth Price in January 1970. A subdivision was approved in 1971 creating nine lots. These lots were known as Lots 1 – 9 on Plan of Subdivision No. 091109. Lot 1 was purchased by a private resident and a dwelling was constructed which remains today. Lots 2 – 9 were acquired by Council on 12 October 1973 for a purchase price of $12,000. The contract of sale was not subject to any specific use of purpose. Councillors Sladdin/Attley: That Council: a) In accordance with Section 223 of the Local Government Act 1989, receive and

note all written and verbal submissions to the Notice of its Intention to sell Lots 2, 3, 4, 5, 6 and 7 of Plan of Subdivision 091109, Minerva Street, Mansfield;

b) Consider all written and verbal submissions at the 20 May 2018 Council meeting,

when a report will be presented to Council seeking a final decision on the matter.

c) Invite all submitters to the 17 May 2018 Ordinary meeting Council, commencing

at 5.00pm. Carried

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ATTACHMENT 7.1

CONSIDERATION OF SUBMISSIONS RELATING TO

THE INTENTION TO SELL LOTS 2, 3, 4, 5, 6 AND 7 - PLAN OF SUBDIVISION 091109, MINERVA STREET,

MANSFIELD

(78 PAGES)

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7. PRESENTATION OF REPORTS CONT.

7.2 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Reserve 2, of Plan of Subdivision 639388, 23 Redgum Drive, Mansfield

File Number: E 4975 Responsible Officer: Community Services Manager, Mel Hotton Disclosure of Conflicts of Interest The author of this report has no direct or indirect conflict of interest, as defined by the Local Government Act 1989, in relation to this item. Introduction This report outlines the submissions received during the consultation period of the Notice of Intention to sell and seeks a Council resolution to receive and note the written and verbal submissions to the notice. Background At its meeting of 20 February 2018, Council resolved to give Notice of its Intention to sell Reserve 2, of Plan of Subdivision 639388, 23 Redgum Drive, Mansfield, in accordance with Section 189 of the Local Government Act 1989. Pursuant to Section 223 of the Local Government Act 1989, the public notice invited interested persons to make a submission in relation to the Notice of intention to sell and request to make a verbal representation or to have someone make a verbal representation on their behalf in support of their submission at the Special Meeting of Council on 10 April 2018. The purpose of the Special Meeting of Council is to consider and hear all written and verbal submissions. In total 1 submission was received to the Notice of Intention to Sell (see attached). They are summarised as follows: Submitter General comments Supportive /


Avis Crawford Loss of public open space Unsupportive No A discussion of the issues raised is contained further in the report (see Officer’s Comments). Statutory Requirements In relation to the acquisition, holding, dealing and disposal of property Council must comply with Section 5(2)(d) of the Local Government Act 1989 when performing its functions and exercising its powers.

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7.2 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Reserve 2, of Plan of Subdivision 639388, 23 Redgum Drive, Mansfield cont.

Council Plan The development of the local law, and the consultative process undertaken to date are consistent with the following objectives of the 2017-21 Council Plan: Strategic Objective 1.1 Our community has a say in matters of interest to them; and Strategic Objective 2.1 Council has a strategic, long term financial plan to secure its

ongoing financial sustainability. Financial There has only been administration costs associated with the review of this property. Council will obtained a valuation for the parcel of land in accordance with Section 189 of the Local Government Act 1989. All revenue received from the disposal of this land will be treated as general revenue in the year it is received and will be considered as part of Council’s annual budget. Once sold this property will become rateble under the Local Government Act 1989. Environmental Nil. Community Engagement The Notice of Intention was advertised in the Mansfield Courier, Social media and on the Council’s website for a period of 28 days. Officer’s Comments It should be noted that this is not public open space and is located within a residential housing lot. In conclusion, it is recommended that Council note the submissions and consider their content in light of the officer comments above.

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7.2 Consideration of written submissions and hearing of supporting verbal submissions in relation to the Notice of Intention to sell Reserve 2, of Plan of Subdivision 639388, 23 Redgum Drive, Mansfield cont.

Councillors Attley/Sladdin: That Council: a) In accordance with Section 223 of the Local Government Act 1989, receive and

note all written and verbal submissions to the Notice of its Intention to sell Reserve 2, of Plan of Subdivision 639388, 23 Redgum Drive, Mansfield; and

b) Consider all written and verbal submissions at the 20 May 2018 Council meeting,

when a report will be presented to Council seeking a final decision on the matter.

c) Invite all submitters to the 17 May 2018 Ordinary meeting Council, commencing

at 5.00pm Carried

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ATTACHMENT 7.2

CONSIDERATION OF SUBMISSIONS RELATING TO

THE INTENTION TO SELL RESERVE 2 - PLAN OF

SUBDIVISION 639388, 23 REDGUM DRIVE, MANSFIELD

(1 PAGE)

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7.3 Such Other Business Admitted by the Unanimous Resolution of the Council

Nil. 8. MEETING CLOSURE

There being no further business the meeting concluded at 5.25pm. CONFIRMED this Seventeenth day of April 2017.

________________________________ Mayor

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