Page 3 of 10 MINUTES OF THE OPEN SESSION OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 21 JANUARY 2013 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: Acting General Manager, 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 received.
3.0
DECLARATIONS OF INTEREST The Mayor declared that he would vacate the Chair during discussion of Item 9.1.
4.0
CLOSED SESSION 1/13 RESOLUTION Ald Goodwin / Cole That the meeting be closed to the public, to enable Council to consider Agenda Items 4.1 to 4.2 which are confidential matters as prescribed in Regulation 15(2)of the Local Government (Meeting Procedures) Regulations 2005. 4.1
Recognition - Australia Day 2013 - Notice of Motion - Ald A J Jarman
4.2
Bass Strait Maritime Centre Cafe
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
Ald Hollister took his seat at 6.01pm
Minutes of Devonport City Council Ordinary Meeting held 21 January 2013
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5.0 PUBLIC FORUM 5.1
RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS 7/13 RESOLUTION Ald Perry / 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 ADAM BROOKS – PORT SORELL ROAD, PORT SORELL (47b BEST STREET, DEVONPORT) (21086) Mr Brooks asked why Council was still charging for parking on a Saturday morning. Mr Brooks was advised that car parks are free all day, only metered parking is charged, which is to ensure that meters are not tied up all day, allowing for a turnover of vehicles. Mr Brooks also sought an update on the restaurant at the Devonport Surf Club. The question was taken on notice. PETER STEGMAN – 43 LOONES LANE, LATROBE (27727 D288237) My question is in regard to the planning application on Page 25 of the Agenda for a jetty and boat ramp. Are the Councillors aware that Crown Lands have yet to approve this application and that the drawings submitted are fundamentally and graphically incorrect indicating a far less intrusive structure and that MAST have not had a representative view the site and have based their approval upon these inaccurate drawings. The Development and Health Services Manager said that Crown Lands have given permission for the applicant to lodge a development application, however as stated in their letter included in the Agenda a separate approval will be required prior to the start of construction. The Mayor responded that the Aldermen are aware of the matter. BOB MARSHALL – 26 PERCY STREET, DEVONPORT (26224 D288239) Is Council aware of the damage that can be caused to this Council and the people of Devonport by Motion No 9.1? Aldermen should be aware that their personal opinions do not count in this place. You were elected to represent the whole of the population of Devonport and as such nothing of a similar nature as this motion should be placed before Council, unless that is you have the support of a majority of the populace. By that I mean that dozens of people knocking at your door with legitimate complaints. I know of no such event. I’m mindful of an interview Ray Martin did with Margaret Thatcher when he said everyone called her the “Iron Lady” and she replied what are their names and addresses? I have served under 4 Mayors, two of which are sitting at this table now. At all times I found that their door was always open for discussion and advice, if
Minutes of Devonport City Council Ordinary Meeting held 21 January 2013
Page 5 of 10 needed. If an Alderman has a gripe he should take it to the Mayor – in private if necessary but Council Workshops are an ideal forum. I am not taking any particular side on this issue but implore, probably a bit stronger, beg the proposer of this motion to withdraw it and sort out any differences in another forum. BOB VELLACOTT – 11 COCKER PLACE, DEVONPORT In accordance with clause 6 of Council’s Standing Orders I wish to express my concern in regard to the endless criticism and bad press that Council receives. In particular the two page write up about safety issues at the Bluff Beach area. Advocate 12 January 2013. My questions: 1.
Has Council sought or obtained legal advice re your DUTY OF CARE requirements to ensure the safety and welfare of those who use the Bluff Complex, beach and surrounds.
2.
What is the time scale for the $12,000. This is how many days service will be provided if Council takes up Life Saving Tasmania’s offer.
3.
Is Council satisfied that correct placement suitable and adequate SAFETY signage exists in the area eg where to swim, directions to first aid and emergency services etc?
4.
Mayor and Aldermen in view of what was printed in the Advocate and the concerns expressed by many of what I believe is a very serious matter of urgency, will Council meet with Life Saving Tasmania, Devonport Surf Life Saving Club officials and others who are concerned as soon as possible and take any necessary action required?
The Mayor advised that the matter would be taken on notice and a response provided in writing, further advising that a Workshop on site at the Surf Club has been scheduled. 6.0
CONFIRMATION OF MINUTES 6.1
Council Meeting - 17 December 2012 8/13 RESOLUTION Ald Laycock / Cole That the minutes of the Council Meeting held on 17 December 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 Nil
8.0 PLANNING AUTHORITY MATTERS
Minutes of Devonport City Council Ordinary Meeting held 21 January 2013
Page 6 of 10 8.1
AM2012.04 REVISED SECTION 39 REPORT - 211 BROOKE STREET, EAST DEVONPORT (D287103) 9/13 RESOLUTION Ald Rockliff / Goodwin 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
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 the development be disallowed, due to safety concerns. PROCEDURAL MOTION 10/13 RESOLUTION Ald Perry / Jarman That the matter be adjourned until Council has had an opportunity to talk to the proponent about the granting of an extension of time to consider the application. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
The proponent has agreed to an extension, consequently a Workshop and visitation of the site by Aldermen will be arranged.
9.0 NOTICES OF MOTION The Mayor vacated the chair and the Deputy Mayor took the Chair at 7.41pm. 9.1
VOTE OF NO CONFIDENCE - NOTICE OF MOTION - ALD W M SQUIBB (D287241) 11/13 RESOLUTION Ald Squibb / Goodwin I move a motion of no confidence in the Mayor, Ald Steve Martin. AYES:
Aldermen Kent, Goodwin, Jarman, Keay, Laycock, Perry, Squibb and Wilson
NOES:
Aldermen Martin, Cole, Hollister and Rockliff
The Mayor resumed the chair at 8.17pm. 9.2
IMPROVEMENT OF TRAFFIC FLOW - WILLIAM STREET, DEVONPORT - NOTICE OF MOTION - ALD J T KEAY (D286469) 12/13 RESOLUTION Ald Keay / Wilson That Council receive a report after extensive investigation and consultation with property owners, stakeholders and wider community to improve the access, egress and flow of traffic on William Street, between the intersections of Steele and Best Streets, taking into consideration future impacts of traffic loads and development potential within the area.
Minutes of Devonport City Council Ordinary Meeting held 21 January 2013
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9.3
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
FEASIBILITY OF CONSTRUCTION OF PARKING LANE - GUNN STREET - NOTICE OF MOTION - ALD W P WILSON (D286471) 13/13 RESOLUTION Ald Wilson / Goodwin That Council Officers prepare a report on the feasibility, including approximate costings of constructing a parking lane as an indent on the Eastern side of Gunn Street, between Oldaker and Best Streets.
9.4
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
DEVONPORT DOLLARS PROMOTION - NOTICE OF MOTION - ALD W P WILSON (D287223) 14/13 RESOLUTION Ald Wilson / Goodwin That a report be prepared on the Devonport Dollars Promotion and presented to Elected members for discussion at a workshop in the near future.
9.5
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
MEMBERSHIP - CRADLE COAST AUTHORITY - NOTICE OF MOTION - ALD L M PERRY (D287252) 15/13 RESOLUTION Ald Perry / Keay That Council workshop points a) and b) described below prior to 31 March 2013. a) Council re-consider its commitment to membership of the Cradle Coast Authority. b) In the event of that commitment being downgraded or extinguished, Council investigate re-allocating funding to appoint a high level designated Trade and Investment Executive to exclusively focus on attracting trade, tourism and investment opportunities to the City of Devonport. 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 (D287402) 16/13 RESOLUTION Ald Goodwin / Laycock That the report advising of the Mayor’s meetings and functions for the month of December 2012 be received and noted. AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay,
Minutes of Devonport City Council Ordinary Meeting held 21 January 2013
Page 8 of 10 Laycock, Perry, Rockliff, Squibb and Wilson NOES:
Nil
11.0 GENERAL MANAGER'S REPORTS 11.1
CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT (D287073) 17/13 RESOLUTION Ald Goodwin / Cole That Council:
11.2
1.
supports the Federal Government having the power to be able to provide funding directly to Local Government where this is in the national interest;
2.
supports an amendment to Section 96 of the Constitution to read: "Parliament may grant financial assistance to any state or Local Government body formed by or under a law of a state or territory".
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
DULVERTON WASTE MANAGEMENT AUTHORITY RULES (D287078) 18/13 RESOLUTION Ald Jarman / Rockliff That Council approve the Amended Rules of Dulverton Waste Management Authority in accordance with Section 32 of the Local Government Act, 1993.
11.3
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
2012/13 ANNUAL PLAN UPDATE AS AT 31 DECEMBER, 2012 (D287342) 19/13 RESOLUTION Ald Goodwin / Rockliff That the 2012/13 Annual Plan update as at 31 December, 2012, as outlined in the attached report, be received and noted.
11.4
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
ELECTED MEMBERS EXPENDITURE REPORT (D287403) 20/13 RESOLUTION Ald Cole / Rockliff That the report advising of Mayoral and Aldermanic Expenditure for the month of December 2012 be received and the information noted. 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 21 January 2013
Page 9 of 10 11.5
MERSEY COMMUNITY HOSPITAL (D287505) 21/13 RESOLUTION Ald Keay / Perry That the Devonport City Council supports the retention of safe and sustainable services at the Mersey Community Hospital that meet the changing health needs of our community and our region and any changes due to efficiencies of services results in: a)
a net benefit to the Mersey Community Hospital; and
b)
not jeopardise the delivery of high quality health services across the whole region by weakening the critical mass required to do so.
AYES:
Aldermen Kent, Cole, Goodwin, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Aldermen Martin and Hollister
12.0 CUSTOMERS AND COMMUNITY REPORTS 12.1
SISTER CITIES AUSTRALIA 2012 ANNUAL CONFERENCE REPORT (D287051) 22/13 RESOLUTION Ald Goodwin / Cole That Council notes the Sister Cities Australia 2012 Annual Conference Report.
12.2
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND SPECIAL COMMITTEE MEETINGS (D287191) 23/13 RESOLUTION Ald Rockliff / Goodwin That:
12.3
1.
The Combined Minutes of Controlling Authorities, Working Groups and Special Committees be received and noted;
2.
The Table Tennis Association be offered the gym area temporarily at the Devonport Recreation Centre once the gym relocates to the new indoor aquatic centre as recommended by the Devonport Recreation Centre Special Committee.
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
CUSTOMER SERVICE CHARTER (D287568) 24/13 RESOLUTION Ald Perry / Jarman That version four of the Customer Service Charter be adopted. 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 21 January 2013
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13.0 TECHNICAL AND FINANCE REPORTS 13.1
CAPITAL WORKS REPORT (D287029) 25/13 RESOLUTION Ald Rockliff / Squibb That the progress report on the 2012/13 Capital Works Program be noted.
13.2
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson
NOES:
Nil
DEVONPORT FORESHORE MARKET - APPLICATION FOR ROAD CLOSURE (D287560) PROCEDURAL MOTION 26/13 RESOLUTION Ald Wilson / Hollister The matter be deferred pending a workshop being held at the earliest opportunity.
13.3
AYES:
Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Rockliff, Squibb and Wilson
NOES:
Aldermen Laycock and Perry
FINANCE REPORT FOR DECEMBER 2012 (D287624) 27/13 RESOLUTION Ald Squibb / Rockliff That the Finance Report for December 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 9.32pm. Confirmed
Chairman
Minutes of Devonport City Council Ordinary Meeting held 21 January 2013