Page 5 of 15 MINUTES OF THE OPEN SESSION OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, FENTON WAY, DEVONPORT ON MONDAY, 17 DECEMBER 2012 COMMENCING AT 7.15PM PRESENT:
Ald S L Martin (Mayor) in the Chair Ald G B Kent (Deputy Mayor) Ald B L Cole Ald G F Goodwin Ald P G Hollister Ald A J Jarman Ald J T Keay Ald L M Laycock Ald L M Perry Ald A L Rockliff Ald W M Squibb Ald W P Wilson
Council Officers: General Manager, I McCallum Assistant General Manager Customers and Community, E Ewins Assistant General Manager Technical and Finance, M Atkins Executive Manager Corporate Support, S Crawford Administration Officer, R Inglis Communication and Media Officer, S Titmus Development and Health Services Manager, R McKenna 1.0
APOLOGIES There were no apologies received.
2.0
LEAVE OF ABSENCE There were no Leave of Absences.
3.0
DECLARATIONS OF INTEREST Ald Jarman declared an interest in Agenda Items 4.1 and 8.3 Ald Rockliff declared an interest in Agenda Item 4.1 Ald Martin declared an interest in Agenda Item Agenda Item 12.3
4.0
CLOSED SESSION 315/12 RESOLUTION Ald Cole / Laycock That the meeting be closed to the public, to enable Council to consider Agenda Items 4.1 to 4.8 which are confidential matters as prescribed in Regulation 15(2)of the Local Government (Meeting Procedures) Regulations 2005. 4.1
Citizen Awards - Australia Day 2013
4.2
Unconfirmed Minutes of Meeting - Audit Committee - 26 November 2012
4.3
Unconfirmed Minutes of Meeting - Devonport Maritime & Heritage Authority 28 November 2012
4.4
Minutes of Meeting - Financial Assistance to Community Organisations Working
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 6 of 15 Group
5.0
4.5
Investment Strategy
4.6
Unconfirmed Minutes of Annual General Meeting - Cradle Coast Authority - 29 November 2012
4.7
Unconfirmed Minutes of Representatives Meeting - Cradle Coast Authority - 29 November 2012
4.8
Mersey Bluff Precinct
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
PUBLIC FORUM 5.1
RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS 326/12 RESOLUTION Ald Cole / Rockliff That the report advising that no responses have been forwarded to questions raised at a prior Council meeting be received and noted.
5.2
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
Questions asked at this meeting DOUGLAS JANNEY – 23 WATKINSON STREET, DEVONPORT (27933) Why does Item 8.5 of tonight’s agenda:1.
Suggest that the Minister may want to have inconsequential amendments (p589) made when they are just that?
2.
Does not state the notification period (p590) length?
3.
Make no mention of when Interim is to be dropped from Interim Planning Scheme (declared)?
4.
Not mention the review frequency for the declared Interim Planning Scheme?
Development and Health Services Manager, Rebecca McKenna responded: 1.
We are expecting a number of amendments to be required by the Minister, both inconsequential amendments and significant amendments. The recommendation provides the GM with authority to approve inconsequential amendments but significant amendments will be brought back to Council.
2.
The legislation states that the minimum notification period is two months.
3.
Interim will be dropped from the Planning Scheme after the following has occurred: 1. Public notification; 2. Public hearing 3. Assessment by the Tasmanian Planning Commission and 4. Approval by the Minister. The Draft City of Devonport Interim Planning Scheme will then become the City of Devonport Planning Scheme.
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 7 of 15 4.
6.0
The legislation states that the Planning Scheme must be reviewed every five years. This does not prevent Council from making changes in the meantime, but a comprehensive review completed every five years.
CONFIRMATION OF MINUTES 6.1
COUNCIL MEETING - 19 NOVEMBER 2012 327/12 RESOLUTION Ald Rockliff / Jarman That the minutes of the Council Meeting held on 19 November 2012 as circulated be taken as read and confirmed. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
7.0 WORKSHOPS & BRIEFING SESSIONS 7.1
WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING (D284185) 328/12 RESOLUTION Ald Wilson / Laycock That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
8.0 PLANNING AUTHORITY MATTERS 8.1
AM2012/04 SECTION 39 REPORT, AM2012/04, 211 BROOKE STREET, EAST DEVONPORT - 211 BROOKE STREET, EAST DEVONPORT (D284147) 329/12 RESOLUTION Ald Wilson / Laycock That this report be forwarded to the Tasmanian Planning Commission as per the requirements of Section 39 of the Land Use Planning and Approvals Act 1993.
8.2
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
AM2008/03 MERSEY REGIONAL INDUSTRIAL ZONE - BROOKE STREET, EAST DEVONPORT (D284512) 330/12 RESOLUTION Ald Wilson / Rockliff That Council submit the attached documents to the Tasmanian Planning Commission for consideration. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 8 of 15 8.3
PA2012.0146 MISCELLANEOUS (RENOVATION OF BOAT SHED & DEVELOPMENT OF PONTOON JETTY & BOAT RAMP) - CROWN RESERVE FORESHORE BEHIND 124 RIVER ROAD, EAST DEVONPORT (D285317) RESOLUTION Ald Goodwin / Cole That Council, pursuant to the provisions of the Devonport and Environs Planning Scheme 1984 and Section 57 of the Land Use Planning and Approvals Act 1993, refuse application PA2012.0146 to grant a Permit to use and develop land identified as Crown Reserve Foreshore behind 124 River Road, East Devonport for Miscellaneous (Renovation of Boat shed & development of pontoon jetty & boat ramp) for the following reasons: (a) The proposed jetty will protrude past the rocks on the northern side which will create a hazard for recreational users of the area; (b) The area does not need a jetty; (c)
The area is a pristine area.
The matter was adjourned at 7.37pm to allow discussion with the applicant in regards to an extension of time. It was reported at 7.44pm that the applicant has agreed to an extension of time until the January Council meeting. PROCEDURAL MOTION 331/12 Motion Ald Laycock / Kent The matter be deferred pending further information being supplied to Aldermen.
8.4
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
REMOVAL OF PART 5 AGREEMENT 110 SHEFFIELD ROAD - SPREYTON (D284272) 332/12 RESOLUTION Ald Goodwin / Wilson That the report be noted and the Part 5 Agreement on land at 110 Sheffield Road, Spreyton be extinguished.
8.5
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
DRAFT INTERIM PLANNING SCHEME - CITY OF DEVONPORT (D284571) 333/12 RESOLUTION Ald Rockliff / Goodwin 1. That Council determine: a) pursuant to section 30D Land Use Planning and Approvals Act 1993 to provide to the Minister for Planning a draft Interim Planning Scheme for the Devonport municipal area; and b)
the City of Devonport draft Interim Planning Scheme include – i.
all of the mandatory content required in accordance with section 30E Land Use Planning and Approvals Act 1993;
ii.
all of the common local provisions contained in the Cradle
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 9 of 15 Coast Region Template Planning Scheme applicable for the City of Devonport municipal area;
2.
iii.
the local provisions required for the specific circumstances and conditions of the City of Devonport municipal area; and
iv.
the maps, including the zoning maps, that indicate the land to which the provisions of the draft City of Devonport Interim Planning Scheme are to apply; and
that the Council authorise the General Manager to make such inconsequential amendments to the provisions of the draft City of Devonport Interim Planning Scheme as may subsequently be required by the Minister for Planning.
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
9.0 NOTICES OF MOTION AGENDA ITEMS 9.5 and 9.6 – RESCISSION MOTION - UNITS - DEVONPORT RECREATION CENTRE AND INTRODUCTION OF 'OPT IN' RATE REMINDERS In accordance with Section 8(6) of the Local Government (Meeting Procedures) Regulations 2005, the General Manager reported that it was not possible to previously include the matters on the Agenda due to late notice, that the matter was urgent and that the item does not require qualified advice under Section 65 of the Local Government Act 1993. 334/12 RESOLUTION Ald Cole / Goodwin That items 9.5 and 9.6 relating to a Rescission Motion and the Introduction of ‘Opt In’ Rate Reminders be brought onto the Agenda for a decision. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
MOTION Ald Squibb / That a motion of no confidence in the Mayor be brought onto the Agenda. The Mayor declined to accept the motion as it was deemed unlawful under Division 2 Clause 16(9)(c) of the Local Government (Meeting Procedures) Regulations 2005 as it did not comply with Division 1 Clause 8(6)(a,b&c) of the Local Government (Meeting Procedures) Regulations 2005. The Mayor vacated the chair at 7.53pm and the Deputy Mayor took the chair. 9.5
RESCISSION MOTION - UNITS - DEVONPORT RECREATION CENTRE - NOTICE OF MOTION - ALD L M PERRY (D286403) 335/12 RESOLUTION Ald Perry / Jarman That Resolution No. 323/10 which read as follows be overturned: “That Council approve the proposal to renovate, using private sponsorship funds, the accommodation units at the Devonport Recreation Centre to be used as short-term accommodation for visiting sportspeople and support staff and that the units be leased to Devonport Basketball Council with the lease incorporating the following
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 10 of 15 conditions:
the term to be for five years;
The lease amount be $100 per annum;
Council to continue existing rating arrangement with the Devonport Recreation Centre in the first five year term;
Council to have no responsibility for the ongoing maintenance of the building or grounds after the completion of the renovation works;
Council not be liable for any debits incurred by the Devonport Basketball Council or any claims against the Devonport Basketball Council;
As landlords, Council to continue to insure the building;
As tenants Devonport Basketball Council to maintain current insurance for Public Liability and contents.
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
336/12 RESOLUTION Ald Perry / Jarman That Council approve the proposal to renovate, using private sponsorship funds, six accommodation units at the Devonport Recreation Centre and that the units be leased to the Devonport Basketball Council. The units are to be used as accommodation for a mixture of uses that support the Devonport Basketball Club’s operations, and offer a community benefit by providing affordable transitional accommodation for low income and needy people in the community. The lease will incorporate the following conditions:
The term to be for five years with the option to renew for a further five years;
The lease amount be $100 per annum;
Council to continue existing rating arrangement with the Devonport Recreation Centre in the first five year term;
Council to have no responsibility for the ongoing maintenance of the building or grounds after the completion of the renovation works;
Council not be liable for any debits incurred by the Devonport Basketball Council or any claims against the Devonport Basketball Council;
As landlords, Council to continue to insure the building;
As tenants Devonport Basketball Council to maintain current insurance for Public Liability and contents.”
Council bears no responsibility for social or behavioural issues emanating from the units if they arise.
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 11 of 15 9.6
INTRODUCTION OF 'OPT IN' RATE REMINDERS - NOTICE OF MOTION - ALD S L MARTIN (D286406) MOTION Ald Martin / Rockliff That Council introduce as soon as practical an ‘opt in’ electronic or paper reminder of the due date and for payments of rate instalments. PROCEDURAL MOTION 337/12 RESOLUTION Ald Wilson / Laycock The matter be deferred pending a workshop being held in the New Year. AYES:
Aldermen Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Alderman Martin
PROCEDURAL MOTION 338/12 RESOLUTION Ald Wilson / Rockliff The Agenda Items 9.1, 9.2 and 9.3 be deferred pending Workshop Sessions being held in the New Year.
9.1
AYES:
Aldermen Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Alderman Martin
RECONSIDERATION OF RATE PENALTY - 2013/2014 BUDGET DELIBERATIONS NOTICE OF MOTION - ALD S L MARTIN (D284622) MOTION “That Council reconsider the current rate penalty (10%) applied to overdue rate payments during the 2013/2014 budget deliberations.”
9.2
DISCOUNT ON FULL PAYMENT OF RATES - NOTICE OF MOTION - ALD S L MARTIN (D285075) MOTION “That Council provide a 3% discount for full/total payment of Council rates by the 31 August annually, commencing with the 2013/2014 financial year.
9.3
REMOVAL OF PENALTY - OVERDUE RATE INSTALMENTS - NOTICE OF MOTION ALD G F GOODWIN (D284448) MOTION “That Council delete the 10% penalty applied to overdue rate instalments and reinstate the original system, that 10% is applied, if the rates are not paid in full by 31 May of the fiscal year.”
The Mayor resumed the chair at 8.23pm. 9.4
FEASBILITY OF LEASING COUNCIL LAND TO TT LINE FOR CAR PARKING - NOTICE OF MOTION - ALD L M LAYCOCK (D285111) 339/12 RESOLUTION Ald Laycock / Goodwin That this Council meets with TT Line and prepares a report on the feasibility of
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 12 of 15 leasing Council land adjacent to TT Line marshalling yard for parking. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
10.0 MAYORAL REPORT 10.1
MAYOR'S MONTHLY REPORT (D285299) 340/12 RESOLUTION Ald Rockliff / Perry That the report advising of the Mayor’s meetings and functions for the month of November 2012 be received and noted.w AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
11.0 GENERAL MANAGER'S REPORTS 11.1
ELECTED MEMBERS EXPENDITURE REPORT (D285301) 341/12 RESOLUTION Ald Goodwin / Cole That the report advising of Mayoral and Aldermanic Expenditure for the month of November 2012 be received and the information noted.
11.2
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
WATER SEWERAGE CORPORATION - CONSTITUTION (D285563) 342/12 RESOLUTION Ald Goodwin / Rockliff That Council agree: 1.
To become a member of the single state-wide Water and Sewerage Corporation to be formed under the Water and Sewerage Corporation Act 2012;
2.
To the Constitution of the Water and Sewerage Corporation to be formed under the Water and Sewerage Corporation Act 2012;
3.
To ratify the Constitution following registration of the Corporation;
4.
To the draft Shareholders’ Letter of Expectation in the terms attached;
5.
That the Shareholders’ Letter of Expectation must be finalised in consultation with the Board of Directors of the Corporation formed under the Water and Sewerage Act 2012 after the Corporation is registered.
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 13 of 15
12.0 CUSTOMERS AND COMMUNITY REPORTS AGENDA ITEM 12.3 – SURF LIFE SAVING TASMANIA – LIFEGUARD PROPOSAL In accordance with Section 8(6) of the Local Government (Meeting Procedures) Regulations 2005, the General Manager reported that it was not possible to previously include the matter on the Agenda due to late notice, that the matter was urgent and that the item does not require qualified advice under Section 65 of the Local Government Act 1993. 343/12 RESOLUTION Ald Wilson / Cole That item 12.3 relating to a Lifeguard Proposal by Surf Life Saving Tasmania be brought onto the Agenda for a decision. The Mayor vacated the chair, left the meeting and Ald Kent took the chair at 9:01pm. 12.3
SURF LIFE SAVING TASMANIA- LIFEGUARD PROPOSAL (D286298) RESOLUTION Ald Goodwin / Laycock That Council allocate $6,000 to Surf Life Saving Tasmania for increased patrols through high activity times during the summer 2012. AYES:
Aldermen Goodwin and Laycock
NOES:
Aldermen Kent, Cole, Hollister, Jarman, Keay, Perry, Rockliff, Squibb and Wilson
The motion was LOST. Ald Martin returned to the meeting at 9.28pm and resumed the chair. 12.1
MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND SPECIAL COMMITTEE MEETINGS (D284957) 344/12 RESOLUTION Ald Wilson / Jarman That:
12.2
1.
The Combined Minutes of Controlling Authorities, Working Groups and Special Committees be received and noted;
2.
The catch tag “an initiative of the Devonport City Council” where used for events be changed to “this is a Devonport City Council Community Event” as recommended by the Devonport City Focus Group;
3.
The Terms of Reference of the Strategic Sport and Recreation Special Committee be adopted;
4.
The Terms of Reference of the Don River Railway Special Committee be adopted.
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
DEVONPORT WEED STRATEGY - YEAR ONE PROGRESS (D285458) 345/12 RESOLUTION Ald Goodwin / Rockliff That Council note the progress made on the Devonport Weed Strategy Action Plan.
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 14 of 15 AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
13.0 TECHNICAL AND FINANCE REPORTS 13.1
PEDESTRIAN ISLAND, WILLIAM STREET, DEVONPORT (D278018) RESOLUTION Ald Hollister / Kent That the information regarding the school crossing and the median island adjacent the Chicken Treat development at 124 William Street be noted and Council support retaining the school crossing and median island in its current location. AMENDED MOTION MOTION Ald Wilson / Jarman That the information regarding the school crossing and the median island adjacent the Chicken Treat development at 124 William Street be noted and Council currently support retaining the school crossing and median island in its current location. However in addition a further workshop be held to investigate further the future requirements for the area of William Street between Best and Steele Streets. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
The amendment on being put to the meeting was carried therefore becoming the motion. 346/12 RESOLUTION Ald Wilson / Jarman That the information regarding the school crossing and the median island adjacent the Chicken Treat development at 124 William Street be noted and Council currently support retaining the school crossing and median island in its current location. However in addition a further workshop be held to investigate further the future requirements for the area of William Street between Best and Steele Streets. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
PROCEDURAL MOTION Motion Ald Goodwin / Perry The matter be deferred pending a workshop being held. The Mayor declined to accept the Procedural Motion as the matter had been workshopped previously and information provided.
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012
Page 15 of 15 13.2
CAPITAL WORKS REPORT (D283543) 347/12 RESOLUTION Ald Goodwin / Rockliff That the progress report on the 2012/13 Capital Works Program be noted.
13.3
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
SPREYTON NETBALL CENTRE - COURT SURFACING (D283664) 348/12 RESOLUTION Ald Rockliff / Wilson That the Tender submitted by Gecko Surfacing Solutions Pty Ltd for preparation, supply and placement of coloured surfacing at the Spreyton Netball Centre be accepted for the tendered sum of $109,181.00 excluding GST.
13.4
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
TENDER - CONTRACT 1229, NICHOLLS STREET (RONALD - WILLIAM STREETS) RECONSTRUCTION (D284628) 349/12 RESOLUTION Ald Goodwin / Kent That the Tender submitted by Kentish Construction and Engineering Company Pty Ltd for Contract 1229 – Nicholls Street (Ronald to William) reconstruction is accepted for the tendered sum of $255,064.00.
13.5
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
FINANCE REPORT FOR NOVEMBER 2012 (D285645) 350/12 RESOLUTION Ald Goodwin / Jarman That the Finance Report for November 2012 be noted. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
There being no further business on the agenda the Open Session was declared closed at 9.50pm. Confirmed
Chairman
Minutes of Devonport City Council Ordinary Meeting held 17 December 2012