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FLINDERS COUNCIL ORDINARY MEETING CONFIRMED

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FLINDERS COUNCIL ORDINARY MEETING CONFIRMED Powered By Docstoc
					                  FLINDERS COUNCIL ORDINARY MEETING
                              CONFIRMED MINUTES
DATE:                Thursday 21 January 2010
VENUE:               Furneaux Arts & Entertainment Centre, Whitemark
COMMENCING:          1.00 pm

Deputy Mayor M. Grimshaw acknowledged the passing of Mr Ken Worsley by
reading a piece written by Cr M. Wheatley as follows:

“Flinders Council records with regret, the loss of our 2nd longest serving Council
Clerk, Kenneth George Worsley who died suddenly on Tuesday 19th January at
age 82. Ken was Council Clerk from 1st March 1965 until his retirement on 17th
September 1986 – a period of 21 ½ years. Peter Blundstone, who was Warden
for several years before Ken’s retirement commented that he was as honest as
the day is long and the best Council Clerk we ever had, with responsibility for
administration of the whole municipality including the hospital. He was the
undertaker, the civil marriage celebrant, the registrar of births, deaths and
marriages, the court clerk, etc. He had contacts all over the state and knew who
to ask for information on any subject. Even after his retirement his interest in
local government and the community never waned with letters to Council and
“Island News”, attending community events, going on the “wrinklies” tours,
including last year’s trip, and attendance at Council annual meetings including
Council’s latest AGM in December last year, only a month before his death. He
was willing to talk issues over with Councillors when asked, his advice was
always – “It must benefit the people, especially the little people – they are the first
priority”. Council offers condolences to his children Peter, Eunice, Mary-Anne
and Bette.”

PRESENT:
Deputy Mayor M. Grimshaw
Cr M. Wheatley
Cr D. Williams
Cr A. Stackhouse
Cr M. Cobham
Cr M. Roberts


APOLOGIES:
Mayor C. Cox
Stacey Wheatley, Youth Development Officer
Jeff Grace, Aerodrome Operations Supervisor



STAFF IN ATTENDANCE:
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           Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
Raoul Harper – General Manager
Michelle Rhodes - Administrative Officer
Michael Sherriff – NRM Facilitator 1.00pm – 1.17pm
Adam Saddler – Economic Development Officer 1.00pm – 3.01pm


CONFIRMATION OF MINUTES:
01.01.10    Moved: Cr M. Cobham           Seconded: Cr A. Stackhouse
That the Minutes from the Ordinary Meeting held on 10 December 2009 be
confirmed.
                        Carried Unanimously (6-0)

02.01.10    Moved: Cr D. Williams          Seconded: Cr M. Wheatley
That the Minutes from the Annual General Meeting held 10 December 2009 be
confirmed.
                         Carried Unanimously (6-0)


LATE AGENDA ITEMS:
03.01.10     Moved: Cr M. Cobham                Seconded: Cr D. Williams
That Council accept the following late agenda item:

                            Carried Unanimously (6-0)

Item J4:     RPCIP Program
File No:     FIN/0908

In line with Part 2 (Meetings) of the Local Government (Meetings Procedures)
Regulations 2005, this is to confirm that the matters associated with this issue
were not available at the time of the setting of the Agenda. The issue is
considered of an important nature due to the timeframe involved.


DECLARATION OF PECUNIARY INTEREST:
Nil

LEAVE OF ABSENCE:
Nil

PETITIONS:
Nil


WORKSHOPS & INFORMATION FORUMS:
04.01.10    Moved: Cr M. Wheatley           Seconded: Cr M. Roberts
                                       th
That the Councillor workshop held on 12 January 2010 be noted.

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           Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
                            Carried Unanimously (6-0)


PUBLIC MEETINGS:
Nil


COUNCILLOR’S QUESTIONS ON NOTICE:
Nil


COUNCILLOR’S QUESTIONS WITHOUT NOTICE:
Cr D. Williams advised that the Flinders Fire Chief wanted to know if the funds
that have been allocated to each Council by the Government could be paid to
farmers for diesel used when clearing fire hazards.
The General Manager took the question on notice

Cr M. Cobham asked if any correspondence had been received back from
Markarna Park regarding the development at the Marshall Bay track.
The General Manager advised that he had received a letter from their Solicitors
regarding the maintenance of the access and road, and advising they were not
aware of a need to lodge a Development Application.


REPORTS TO BE RECEIVED:
Nil

PUBLICATIONS/REPORTS TABLED FOR COUNCIL INFORMATION:
Nil

NOTICE OF MOTION:
Nil

MAYOR’S REPORT:
05.01.10    Moved: Cr M. Cobham                     Seconded: Cr M. Wheatley
That the Mayor’s report be received.

                            Carried Unanimously (6-0)

Flinders Island District High School
Flinders Council each year presents an award of $500 to the Dux of the School
for further education.

The award is split over two years with the receipt of the second half of the award
being dependant on the student continuing to study in 2011.


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           Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
Congratulations to Cody Woolley, the recipient of the 2009 Award and best
wishes and congratulations to all the year 10 students for their achievements.

Bass Strait Islands Project Energy.
The State Government has allocated $350,000 to assist eligible residents of the
Bass Strait Islands to more equitably access solar hot water and insulation grants
and to facilitate access to the federal government’s Green Loans program.
Council along with King Island Council are in discussion with State Government
departments on how this can be achieved to give the best results for island
residents.

Staff
Council congratulates Ms. Kelly Blundstone on her appointment as Executive
Assistant to the General Manager and assistant to Elected Members.


Item A1:    NRM Facilitator’s Report
File No:    ENV/1201
06.01.10    Moved: Cr D. Williams              Seconded: Cr M. Cobham
That the NRM Facilitator’s Report be received.

                            Carried Unanimously (6-0)

Michael Sherriff left the meeting at 1.17pm


Item B1:     Youth Officer’s Report
File No:     CSV/2000
07.01.10     Moved: Cr M. Wheatley                  Seconded: Cr M. Cobham
That the Youth Officer’s report be received.

                            Carried Unanimously (6-0)




Item C1:      Child Care Director’s Report
File No:      CSV/0902
That it be noted that the Child Care Centre is currently closed and as such no
report was provided.


Item D1:     Economic Development Officer’s Report
File No:     CSV/1701
08.01.10     Moved: Cr M. Wheatley        Seconded: Cr M. Cobham

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           Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
That the Economic Development Officer’s Report be received

                            Carried Unanimously (6-0)

 
Item E1:     Aerodrome Operations Supervisor’s Report
File No:     AER/1200
09.01.10     Moved: Cr M. Cobham             Seconded: Cr M. Wheatley
That the Aerodrome Operations Supervisor’s report be received.

                            Carried Unanimously (6-0)


Item F1:    Works & Services Manager’s Report
File No:    WOR/1401
10.01.10    Moved: Cr M. Cobham              Seconded: Cr M. Wheatley
That the Works & Services Manager’s report be received.

                            Carried Unanimously (6-0)

Pursuant to section 25 of the Local Government (Meeting Procedures)
Regulations 2005 Deputy Mayor M. Grimshaw informed the Council that it
was now acting as a Planning Authority under the Land Use Planning and
Approvals Act 1993 at 2.00pm

Item G1:     Section 43A Application – Cohen & Associates obo Hasig P/L
File No:     7664133 – SA03/09
11.01.10      Moved: Cr A. Stackhouse            Seconded: Cr D. Williams
      A. That pursuant to Section 33(3) of the Act, the Flinders Council
         (Planning Authority) initiate amendment No 1/2010 to the Flinders
         Planning Scheme 2000 to rezone land identified as Certificate of Title
         Volume 44146 Folio 1 to Low Density Residential and to introduce the
         following specified departures to Part 5.3 of the Flinders Planning
         Scheme 2000:
             (i)     Notwithstanding Clause 5.3.3 (a) the minimum lot size in the
                     subdivision of CT44146/1 will be 1ha;
             (ii)    Notwithstanding Clause 5.3.5 the following uses are
                     prohibited in the subdivision of CT44146/1: Consulting
                     rooms/Health Centre, Local Shop, Community Building,
                     Educational/Cultural        Establishment;    Shared
                     Accommodation; Motel and Tourist Operation.
      B. Pursuant to Section 35(1)(b) of the Act the Flinders Council (Planning
         Authority) certify the draft amendment.


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           Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
      C. That pursuant to Section 38 of the Act the Flinders Council (Planning
         Authority) determine that the scheme amendment 1/2010 and draft
         development permit SA03/09 should be exhibited for a period of
         twenty-one (21) days.
      D. Pursuant to S.43C of the Act, Flinders Council (Planning Authority)
         APPROVE the application SA03/09 for a 17 Lot Staged Subdivision
         and road lot at CT 44146/1 Palana Road, Palana, subject to the
         following conditions:

DRAFT DEVELOPMENT PERMIT

 1. The development shall be substantially in accordance with the development
    application for scheme amendment 1/2010 and SA03/09.
 2. Council invokes the provisions of Section 117 of the Local Government
    Building & Miscellaneous Provisions Act 1993 and requires a public open
    space contribution (cash in lieu) in accordance with the current Council
    Policy. This payment is to be made, or alternatively in the form of an
    agreed security provided for under Section 117 of the Act, before the
    sealing of the plan.
 3. Onsite waste water treatment is to comply with the recommendations of the
    report Onsite Waste Water Disposal Assessment at CT44146/1 – Palana
    Rd, Flinders Island prepared by Consultant Phillip G Connors of Protek
    Consulting Pty Ltd– dated 25.09.2007
 4. An agreement pursuant to Part 5 of the Land Use Planning and Approvals
    Act 1993 must be entered into prior to the sealing of the final plan of survey
    to require that:
       a) The proposed building envelopes be shown on the title and
          development of buildings outside those envelopes be prohibited;
       b) That no further subdivision will be permitted;
       c) That the owner covenants and agrees with the Flinders Council to
          maintain the land, dwelling and any static water supply reserved and
          available for fire fighting in accordance with an approved Fire Hazard
          Management Plan, which must form part of the agreement;
       d) That vegetation on lots 8, 9 and 10 to the north of the building
          envelopes is to be protected;
       e) That lots 1 –10 inclusive shall not have direct access to Palana Road;
          and
       f) The following restrictions will apply to development on all of the lots:
                i) External building materials are to be of muted colours and a
                   suitable finish so as to blend with the local surroundings;


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          Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
               ii) External building materials must not comprise more than a
                   total of 25% Color bond or similar corrugated sheet metal
                   products;
               iii) External finishes must be non-reflective and all exposed
                    metal surfaces are to be pre-coloured, or alternatively
                    suitably painted if the item is not available in such a finish;
               iv) Fencing is not to be of a solid construction and should rather
                   be of open construction, such as post and rail or wire or as
                   otherwise approved by Council. Colorbond fencing is not
                   permitted;
               v) Not to erect or cause or permit to be erected on any lot a
                  private dwelling house which excluding any outbuilding
                  appurtenant thereto has a floor area of less than 120 square
                  metres;
               vi) Not to place or erect or cause or permit to be placed or
                   erected on any lot any transportable or relocatable dwelling
                   to be used as dwelling or appurtenant to a dwelling; and
               vii) Not to place or erect or cause or permit to be placed or
                    erected on any shipping container to be used as a dwelling
                    or other purpose other than for storage during
                    construction/building works.
5. Agreements made pursuant to Part 5 of the Land Use Planning and
   Approvals Act 1993 must be prepared by the applicant on a blank
   instrument form to the satisfaction of the Council and registered with the
   Recorder of Titles.       All costs associated with the preparation and
   registration of the Part 5 Agreement must be met by the subdivider.


6. Easements must be created over all drains, pipelines, wayleaves and
   service in accordance with the requirements of the Council’s Municipal
   Engineer. The cost of locating and creating the easements shall be at the
   subdivider’s full cost.
7. Prior to Council sealing the final plan of survey for each stage, security for
   an amount clearly in excess of the value of all outstanding works and
   maintenance required by this permit must be lodged with the Flinders
   Council. The security must be in accordance with section 86(3) of the Local
   Government (Building & Miscellaneous Provisions) Council 1993. The
   amount of the security shall be determined by the Council’s Municipal
   Engineer in accordance with Council Policy following approval of any
   engineering design drawings and shall not to be less than $5,000.
8. All conditions of this permit, including either the completion of all works and
   maintenance or payment of security in accordance with this permit, must be
   satisfied before the Council seals the final plan of survey for each stage. It
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         Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
   is the subdivider’s responsibility to notify Council in writing that the
   conditions of the permit have been satisfied and to arrange any required
   inspections.
9. Property services must be contained wholly within each lot served or an
   easement to the satisfaction of the Council’s General Manager or
   responsible authority.
10. The Subdivider must pay the cost of any alterations and/or reinstatement to
    existing services, Council infrastructure or private property incurred as a
    result of the proposed subdivision works. Any work required is to be
    specified or undertaken by the authority concerned.
11. Electrical and telecommunications services must be provided to each lot in
    accordance with the requirements of the responsible authority and the
    satisfaction of Council’s General Manager.
12. A Letter of Release from each authority confirming that all conditions of the
    Agreement between the Owner and authority have been complied with and
    that future lot owners will not be liable for network extension or upgrade
    costs, other than individual property connections at the time each lot is
    further developed, must be submitted to Council prior to the sealing of the
    final plan of survey.
13. Road works and drainage must be constructed in accordance with the
    standard drawings prepared by the IPWE Aust. (Tasmania Division) and to
    the requirements of Council’s General Manager.
14. A separate vehicle access must be provided from the road carriageway to
    each lot and located and constructed in accordance with Council’s
    standards and the satisfaction of Council’s General Manager.
15. A landscaping plan shall be submitted for Council approval showing a
    restoration plan for native vegetation for Lots 1 – 7 inclusive for the areas
    adjoining Palana Road. Note: The Flora and Fauna Habitat Survey Palana,
    Flinders Island October 2007 should assist the creation of the landscaping
    plan.
16. A weed management plan shall be submitted for Council approval prior to
    any works being undertaken.
17. Prior to any other works approved by this permit commencing, a Soil and
    Water Management Plan (SWMP) prepared by a consultant approved by
    Council recommending measures to control stormwater runoff from the land
    so that runoff does not cause erosion and sedimentation or discolouration of
    any surface water outside the boundaries of the land during the construction
    phase must be submitted to and approved by the Council. The SWMP shall
    form part of this permit when approved.
18. Prior to any other works approved by this permit commencing, install
    temporary run-off, erosion and sediment controls in accordance with the
    recommendations of the approved SWMP and maintain these controls at
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         Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
    full operational capacity until the land is effectively rehabilitated and
    stabilised after completion of the development to the satisfaction of Council.
 19. The development must only be carried out between the following hours
     unless otherwise approved by the Council.


           •       Monday to Friday                                 7:00 AM to 6:00 PM
           •       Saturday                                         8:00 AM to 6:00 PM
           •      Sunday and State-wide public                      10:00 AM to 6:00 PM
                  holidays
 20. All subdivision works associated with the development of the land must be
     carried out in such a manner so as not to unreasonably cause injury to, or
     unreasonably prejudice or affect the amenity, function and safety of any
     adjoining or adjacent land, and of any person therein or in the vicinity
     thereof, by reason of -
       (a) Emission from activities or equipment related to the use or
           development, including noise and vibration, which can be detected by
           a person at the boundary with another property.
       (b) Transport of materials, goods or commodities to or from the land.
       (c) Appearance of any building, works or materials.
 21. Any accumulation of vegetation, building debris or other unwanted material
     must be disposed of by removal from the site in an approved manner. No
     burning of such materials on site will be permitted unless approved in writing
     by the Council.
 22. Public roadways or footpaths must not be used for the storage of any
     construction materials or wastes, for the loading/unloading of any vehicle or
     equipment; or for the carrying out of any work, process or tasks associated
     with the project during the construction period.

                                Carried Unanimously (6-0)


Item G2:         Development Application – B Callaghan
File No:         7716140 – DA36/09P
12.01.10         Moved: Cr M. Cobham          Seconded: Cr M. Wheatley

That pursuant to Part 4 of the Land Use Planning & Approvals Act 1993 and
Flinders Planning Scheme 2000 Council approve application 36/09P for a House
at Lot 1 Memana Road, Whitemark subject to the following conditions:

   1. The development shall be substantially in accordance with development
      application 36/09P.
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               Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
2. The submission to and approval by Council of building plans consistent
   with this approval.
3. At least one (1) parking space must be provided on the land at all times for
   the use of the occupiers in accordance with Standards Australia (2004):
   Australian Standard AS 2890.1 - 2004 – Parking Facilities Part 1: Off
   Street Car Parking; Standards Australia, Sydney.
4. An on-site wastewater disposal system must be installed to comply with
   the requirements of Council’s Environmental Health Officer and a Special
   Plumbing Permit issued by Council’s Permit Authority.
5. Access to be sited and constructed to Council’s satisfaction.
6. The external colours and materials of the building including roofing shall
   be constructed of non-reflective materials and be of muted/dark
   colours/tonings to blend with the local environment.
7. All external metal building surfaces must be clad in non-reflective pre-
   coated metal sheeting or painted to the satisfaction of the Council’s
   General Manager.
8. No vegetation other than that necessary for the construction of the
   building, associated access and services is to be cleared without the
   approval of Council.
9. Before the development begins a Fire Hazard Management Plan in
   accordance with the provisions of Bushfire Planning Group (2005):
   Guidelines for development in bushfire prone areas of Tasmania,
   Tasmania Fire Service, Hobart and endorsed in writing by the Tasmania
   Fire Service must be submitted to and approved by Council’s General
   Manager. The Fire Hazard Management Plan shall form part of this permit
   when approved.
10. The dwelling must be designed and constructed in accordance with the
    recommendations of the approved fire hazard management plan and the
    provisions for Level 1/2 risk of Standards Australia (2001): Australian
    Standard AS 3959-1999, Construction of Buildings in Bushfire Prone
    Areas, (incorporating Amendment 1 & 2), SAI Global Ltd., Sydney.
11. Before any work commences install temporary run-off, erosion and
    sediment controls and maintain these at full operational capacity until the
    land is effectively rehabilitated and stabilised after completion of the
    development.
12. Obtain a waste water report to indicate the suitability for the site for the
    disposal of household waste in accordance with AS1547.

                        Carried Unanimously (6-0)




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       Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
Deputy Mayor M. Grimshaw advised the Council that it had now concluded
its meeting as a Planning Authority under Section 25 of the Local
Government (Meeting Procedures) Regulations 1993 at 2.22pm


Item H1:     Finance and Administration Report
File No:     FIN/0100
13.01.10     Moved: Cr M. Cobham               Seconded: Cr M. Roberts
That the Financial Reports for the period ending 31 December 2009 be received
and noted.
                          Carried Unanimously (6-0)

PUBLIC QUESTION TIME
Deputy Mayor M. Grimshaw opened Public Question Time at 1.50pm


Cr D. Williams asked the following questions on behalf of:

•   Bill Riddle:-
    There is growing public concern over the question of public access to the
    island’s beaches. The case in point is Marshall Bay which has seen the
    closure of a public track used for generations.
    Can Council please assure me that this is not a general trend and that the
    issue of closing the Marshall Bay track will be looked into.
    Deputy Mayor M. Grimshaw took the question on notice.

•   D’reen Lovegrove:-
    The area of beach at the end of Bluff Road and around to the mouth of Pat’s
    River is both an active feeding area and breeding area for a large number of
    bird species. Some of these birds lay their eggs in the littoral zone of the
    beach. It is an area recommended for bird watching tourists and for this
    reason one of the ADTP Interpretation signs is sited there. In addition there is
    a second sign which is “Whose Beach Is It”. Regrettably it is also an area
    where some dog owners seem to think it is OK to go with their free roaming
    dogs. Having recently read the Council’s Dog Policy I respectfully request
    that the area of beach from Bluff Road to Pat’s River mouth be declared at
    least a Restricted area but preferably a Prohibited area according to Section
    22 and 23 of Dog Control Act quoted in the Council Dog Policy
    Deputy Mayor M. Grimshaw took the question on notice.

Deputy Mayor M. Grimshaw closed Public Question Time at 2.00pm




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           Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
Item H2:     December Quarterly Budget Review
File No:     FIN/0202
14.01.10     Moved: Cr M. Cobham               Seconded: Cr A. Stackhouse
That Council authorise the revised budget as the budget for 2009/2010.

                           Carried Unanimously (6-0)



Deputy Mayor M. Grimshaw adjourned the meeting at 2.00pm
Deputy Mayor M. Grimshaw reconvened the meeting at 2.15pm



Item I1:      Office Manager’s Report
File No:      ADM/0600
15.01.10      Moved: Cr M. Wheatley           Seconded: Cr M. Cobham
That the Office Manager’s report be received.

                           Carried Unanimously (6-0)


Item J1:     TQUAL Grant Allocation
File No:     FIN/0908
16.01.10     Moved: Cr A. Stackhouse         Seconded: Cr M. Cobham
That Council allocates the funds required to satisfy the Grant Deed with the
Department of Resources, Energy and Tourism and proceed with the Flinders
Island Nature Based Tourism Investment Feasibility Study.

                           Carried Unanimously (6-0)


Item J2:       Flinders Council Priority Project
File No:       CSV/1708
17.01.10       Moved: Cr M. Cobham               Seconded: Cr M. Wheatley
That Council resolves to adopt the document “Flinders Council Priority Projects”
as an outline of important projects for the Council and community for the coming
period. Further Council give the General Manager direction to forward the said
document to all Tasmanian political parties at his earliest convenience and lobby
for the projects funding during the coming election.

Council request the General Manager to provide costings on getting the initial
design and purchase of land for the community garden and present to Council for
the February meeting.

                           Carried Unanimously (6-0)
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          Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010
Item J3:      RLCIP-SP Competitive Round Submission
File No:      FIN/0908
18.01.10          Moved: Cr M. Wheatley Seconded: Cr M. Roberts
That Council submits the project Flinders Community Garden, Tree Nursery and
Alternative Energy Centre to the RLCIP-SP competitive round.

                            Carried Unanimously (6-0)



Item J4:     RLCIP Program
File No:     FIN/0908
19.01.10     Moved: Cr D. Williams           Seconded: Cr A. Stackhouse
That Council agrees to submit the Airport Facilities Upgrade as the project for
funding under the Federal Governments RLCIP program.

                            Carried Unanimously (6-0)

20.01.10     Moved: Cr M. Cobham              Seconded: Cr A. Stackhouse
That pursuant to Regulation 15 of the Local Government (Meeting Procedures)
Regulations 2005 that Council move into Closed Session.

                            Carried Unanimously (6-0)

Council moved into Closed Session at 2.53pm.

Council moved out of Closed Session at 3.00pm

PUBLIC QUESTION TIME
Deputy Mayor M. Grimshaw opened Public Question Time at 3.00pm.

Cr A. Stackhouse asked the following question on behalf of:

•   Mrs Tracey Stackhouse
    Whitemark Foreshore Area – This area is used frequently by locals and
    visitors , the picnic tables need attention or replacing.

    Will Council consider developing this area as a picnic/bbq area.

    Deputy Mayor M. Grimshaw took the question on notice.

Deputy Mayor M. Grimshaw closed Public Question Time at 3.00pm

MEETING CLOSURE
Deputy Mayor M. Grimshaw closed the meeting at 3.01pm

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           Flinders Council Ordinary Meeting Confirmed Minutes 21 January 2010

				
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