Page 1 of 15 MINUTES OF THE OPEN SESSION OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, 44-48 BEST STREET, DEVONPORT ON MONDAY, 23 NOVEMBER 2015 COMMENCING AT 6:30PM Meeting Open Session Closed Session Total PRESENT:
From 6:30pm 7.18pm
To 7.18pm 7.21pm
Time Occupied 48 minutes 3 minute 51 minutes
Ald S L Martin (Mayor) Ald A L Rockliff (Deputy Mayor) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald J F Matthews Ald L M Perry
Council Officers: General Manager, P West Deputy General Manager, M Atkins Executive Manager Corporate, Community and Business, S Crawford Development Manager, B May Governance Coordinator, K Hampton Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. 1.0
APOLOGIES There were no apologies received.
2.0
DECLARATIONS OF INTEREST The following Declarations of Interest were advised:
3.0
Ald Martin
5.7
Ald Martin
5.8
Request for use of Grassed Area and Extension of Licensed Area – Drift Cafe, Bluff Precinct Harbourmaster’s Cafe
PROCEDURAL 3.1 3.1.1
CONFIRMATION OF MINUTES COUNCIL MEETING - 26 OCTOBER 2015 225/15 RESOLUTION MOVED: SECONDED:
Ald Rockliff Ald Jarman
That the minutes of the Council meeting held on 26 October 2015 as circulated be confirmed. Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 2 of 15 Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
For
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 3.2 3.2.1
PUBLIC QUESTION TIME RESPONSES TO QUESTIONS RAISED AT PRIOR MEETINGS There were no questions from the October Council meeting that required a written response.
3.2.2
QUESTIONS ON NOTICE FROM THE PUBLIC
Nil 3.2.3
QUESTION WITHOUT NOTICE FROM THE PUBLIC
MR TREVOR SMITH – 7 GLEN COURT, DEVONPORT Q1
How many parking places are there in the Rooke Street carpark, and also the Best Street carpark?
Q2
What has been the revenue for the last 2 years, from the Best Street carpark, as well as the Rooke Street carpark?
Q3
Could you please provide me with the dates of Council meetings, that have been advertised in the media, for the last 2 years. Could I have the dates taken from this Council meeting.
Response The questions were taken on notice and a response will be provided in writing. MR DOUGLAS JANNEY – 23 WATKINSON STREET, DEVONPORT Q1
Q2
At what time in the LIVING CITY Project will the following be implemented in shopping zones:1.
40kmph speed limit?
2.
The traffic lights operation changed so that traffic is stopped all ways and pedestrians have the road to cross squarely or diagonally?
Does the rent for a Fenton Villa include the rates?
Response The questions were taken on notice and a response will be provided in writing. MR BOB VELLACOTT – 11 COCKER PLACE, DEVONPORT LIVING CITY Phase One Q1
As rate payers will effectively become the landlords of the phase one buildings what are the all ongoing costs (maintenance, insurance, security etc)? How will rate payers be insulated or insured against any losses that may be incurred?
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 3 of 15 Q2
Has Council budgeted for incentives in terms of fit outs and free rent periods to attract tenants and has this cost been factored into the financial viability studies for phase one? If yes, what is the amount?
Q3
Is there an existing contract or memorandum of agreement signed with Woolworths Ltd that would result in a Big W store being built on the current Council/LINC building site or near area?
Q4
I note that Council hopes construction of the project will commence about April 2016. As of this date: For phase one how much of the total amount of funds of the estimated $60>$70 million required does Council have in the bank specifically allocated for the actual construction? Does Council have an absolute guarantee that if other money is required to complete phase one will it be available and when?
Q5
In view of the fact that recently much concern has been expressed about imported “dodgy� substandard and in many cases proven dangerous building materials that have not complied with the relevant Australian Standards have been used in the construction of, in particular, large projects throughout Australia. Will Council insist, so as the integrity of the buildings are not compromised, that all contracts and specifications emphatically state extra and special attention and inspections will be made to ensure all materials being used comply with the Australian Standards?
Response The questions were taken on notice and a resonse will be provided in writing. 3.3
QUESTIONS FROM ALDERMEN
Nil
3.4 NOTICES OF MOTION Nil 4.0
PLANNING AUTHORITY MATTERS There were no items to consider as a Planning Authority.
5.0 REPORTS 5.1
UNCONFIRMED MINUTES OF MEETING - AUDIT PANEL - 9 NOVEMBER 2015 (D391867) 226/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Laycock
That the unconfirmed minutes of the Audit Panel meeting held on 9 November 2015 be received and noted.
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 4 of 15 For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 5.2
MINUTES - ANNUAL GENERAL MEETING - 28 OCTOBER 2015 (D392402) 227/15 RESOLUTION MOVED: SECONDED:
Ald Matthews Ald Rockliff
That Council: 1.
accept the minutes of the Annual General Meeting held on Wednesday 28 October 2015;
2.
in relation to the motion passed at the Annual General Meeting, that Council advertise to seek expressions of interest from those ratepayers who have paid rates for 50 years plus to ascertain whether there is sufficient interest in such an event being organised. For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 5.3
LAND AT 260 STEELE STREET, DEVONPORT - COMMUNITY STORAGE (D387143) 228/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Perry
That Council note the report regarding 260 Steele Street, Devonport and determine to consider allocating funds in the 2016/17 budget to provide internal separating walls in the buildings to create community storage areas. Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
For
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 5 of 15 5.4
QUOTATIONS FOR CONTRACT 1301 TEMPORARY COUNCIL OFFICE RELOCATION (D391810) 229/15 RESOLUTION MOVED: SECONDED:
Ald Perry Ald Keay
That Council: a)
endorse the temporary relocation of the Council offices to 17 Fenton Way during the construction of LIVING CITY Stage 1;
b)
note the likely duration of the relocation will be approximately two years; and
c)
award Contract 1301 “Temporary Council Office Relocation” to Oliver Kelly Constructions Pty Ltd for the tendered sum of $190,283 (ex GST) subject to the General Manager executing the contract to align with the construction commencement of LIVING CITY Stage 1. For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 5.5
CHARTER OF RECOGNITION FOR CONSTITUTIONAL CHANGES - RECOGNISE TASMANIA (D393373) 230/15 RESOLUTION MOVED: SECONDED:
Ald Keay Ald Rockliff
That Council adopt the Tasmanians for Recognition “Campaign Partners Network Group Charter” in support of changes to the Australian Constitution. For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 5.6
TIAGARRA (D393399) 231/15 RESOLUTION MOVED: SECONDED:
Ald Rockliff Ald Goodwin
That the report of the General Manager relating to the future of Tiagarra be received and noted and that Council in line with the request from the Tasmanian Regional Aboriginal Communities Alliance: Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 6 of 15 1.
conditionally agree to transfer the ownership of Tiagarra to the local Aboriginal community, represented by Six Rivers Aboriginal Corporation providing a lease agreement for the land can be agreed between the parties and in accordance with the Local Government Act 1993.
2.
following finalisation of a lease agreement the ownership of the built assets and all fixtures and fittings (including the exhibition material); will be transferred for the sum of one dollar.
3.
all costs associated with the transfer, including the writing off of the buildings and other asset are to be recognised in the Council 2015/16 financial reporting period.
4.
prior to finalising the formalities related to the land lease and subsequent transfer of the built assets, Council agrees to enter into an ‘exchange of letters’ with Six Rivers Aboriginal Corporation allowing that organisation to resume its occupation of Tiagarra immediately. SRAC’s responsibilities relating to this short term arrangement will be on the basis that they will be assuming ownership.
5.
advise the Office of Aboriginal Affairs of its decision and withdraw its request for funding to be provided to Council, requesting instead that this money be allocated to Six Rivers Aboriginal Corporation to assist it in reopening Tiagarra to the public.
6.
formally wind up the Tiagarra Special Interest Group and thank the members for their support. For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 5.7
REQUEST FOR USE OF GRASSED AREA AND EXTENSION OF LICENSED AREA DRIFT CAFE, BLUFF PRECINCT (D393403) Ald Martin declared an interest in the following items and left the meeting at 6.52pm. Deputy Mayor, Ald Rockliff assumed the Chair. 232/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Matthews
That Council receive the report and: a)
authorise a twelve month licence agreement for the use of the grassed area at the Drift Café generally in line with the plan provided by the applicant and attached to this report;
b)
require the licence agreement to contain clauses that ensure;
continued access for the public to the area covered by the license;
the operator to indemnify Council against any damage caused to Council infrastructure by the operation of the Café;
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 7 of 15
an initial annual licence fee of $1,000, paid in advance;
provision for the annual review of the licence conditions and annual fee;
provisions for the amendment or cancellation of the licence by Council at any time should it be considered necessary to do so because of public complaint or repetitive damage to Council infrastructure;
on any occasion when the operator seeks to use the public space beyond the licenced area, separate application is to be made to Council for approval in accordance with the Parks and Reserves Bylaw. For
Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 5.8
HARBOURMASTER'S CAFE (D393505) 233/15 RESOLUTION MOVED: SECONDED:
Ald Matthews Ald Keay
That Council receive the report of the Development and Health Services Manager and:
a)
b)
c)
authorise a twelve month licence agreement for the extended operation of the Harbourmaster’s Café in the area outlined in green on attachment 2 to this report; require the licence agreement to contain clauses that ensure;
continued access for the public to the parklands and pathway encompassed in the licensed area;
Murphy Investments (Tas) Pty Ltd to indemnify Council against any damage caused to Council infrastructure by the operation of the Café;
appropriate restrictions on vehicle access to the Café;
an initial annual licence fee of $1,000, paid in advance;
provisions for the annual review of the licence conditions and the annual licence fee;
provisions for the amendment or cancellation of the licence by Council at any time should it be considered necessary to do so because of such matters as public complaint or repetitive damage to Council infrastructure or breach of licence conditions relating to vehicular access;
require as a pre-requisite to the execution of the licence agreement that Mr Murphy provides information acceptable to Council about professional indemnity insurance, permanent infrastructure intended to be installed in the licensed area, details of intended trading hours in the licensed area and approval from Tas Rail for the erection of a fence at
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 8 of 15 height no greater than the current rail line. For
Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY The Mayor, Ald Martin returned to the meeting at 7.06pm and resumed the Chair. 5.9
PANDEMONIUM - TRANSFER OF ASSETS (D393774) 234/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Emmerton
That Council transfer by way of ‘gift’ the items listed in this report to the new owners of the Pandemonium resulting in the writing-off of the sum of $24,754.96 from the Assets Register. For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 5.10
AUSTRALIAN MASTERS GAMES (D393923) 235/15 RESOLUTION MOVED: SECONDED:
Ald Laycock Ald Matthews
That Council following a request from the Cradle Coast Authority nominate the Executive Manager Corporate, Community & Business Services, Shane Crawford to the Australian Masters Games Cradle Coast Participation Committee. Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
For
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 9 of 15 5.11
LIVING CITY REFERENCE GROUP MINUTES (D394253) 236/15 RESOLUTION MOVED: SECONDED:
Ald Rockliff Ald Keay
That the minutes of the LIVING CITY reference group be received and noted. For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against
For
Ald Laycock Ald Matthews Ald Perry Ald Rockliff
Against
CARRIED UNANIMOUSLY 5.12
FINANCIAL ASSISTANCE WORKING GROUP RECOMMENDATION (D394480) 237/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Perry
That Council receive the Financial Assistance report and determine that the following rate remission as listed be approved: Organisation
Mersey Care Inc.
Property Address
167 Steele Street, DEVONPORT For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
General Rate Value
Fund Amount ($)
$1,910.73
Against
$1,910.73
For
Ald Laycock Ald Matthews Ald Perry Ald Rockliff
Against
CARRIED UNANIMOUSLY
6.0 INFORMATION 6.1
GENERAL MANAGER'S REPORT - NOVEMBER 2015 (D372082) 238/15 RESOLUTION MOVED: SECONDED:
Ald Emmerton Ald Laycock
That: 1.
the report of the General Manager be received and noted; and
2.
that Council delegate to the Mayor and Ald Goodwin, as its nominated Representatives to the Cradle Coast Authority, the final decision as to whether Devonport is a participant in the Cradle Coast Region Shared Services Project.
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 10 of 15 For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against
For
Ald Laycock Ald Matthews Ald Perry Ald Rockliff
Against
CARRIED UNANIMOUSLY 6.2
MAYOR'S MONTHLY REPORT (D392533) 239/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Keay
That the Mayor’s monthly report be received and noted. For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 6.3
WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING (D392710) 240/15 RESOLUTION MOVED: SECONDED:
Ald Laycock Ald Jarman
That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted. Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
For
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 11 of 15
7.0 SECTION 23 COMMITTEES 7.1
GOVERNANCE AND FINANCE COMMITTEE MEETING - 16 NOVEMBER 2015 (D394403) 241/15 RESOLUTION MOVED: SECONDED:
Ald Keay Ald Rockliff
That the minutes of the Governance and Finance Committee meeting held on Monday, 16 November 2015 be received and the recommendations contained therein be adopted. GFC 46/15
Annual Plan Progress Report - September-October 2015
GFC 47/15
Meeting Timetable - December 2015 to December 2016
GFC 48/15
Elected Members' Expenditure Report - September/October 2015
GFC 49/15
Finance Report for October 2015
GFC 50/15
Governance & Finance Report
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
For
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY EFFECTIVE DECISIONS OF THE GOVERNANCE AND FINANCE COMMITTEE CONFIRMED BY COUNCIL GFC 46/15
Annual Plan Progress Report - September-October 2015 That the 2015/16 Annual Plan Progress Report for the period 1 September to 31 October 2015 be received and noted.
GFC 47/15
Meeting Timetable - December 2015 to December 2016 That the report of the General Manager relating to meeting arrangements from December 2015 to December 2016 inclusive be received and endorsed.
GFC 48/15
Elected Members' Expenditure Report - September/October 2015 That the report advising of Aldermen expenses be received and noted.
GFC 49/15
Finance Report for October 2015 That the Finance Report for October 2015 be received and noted.
GFC 50/15
Governance & Finance Report That the Governance and Finance report be received and noted.
Minutes of Devonport City Council ordinary meeting held 23 November 2015
Page 12 of 15 8.0 CLOSED SESSION 242/15 RESOLUTION MOVED: SECONDED:
Ald Jarman Ald Emmerton
That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 the following items be dealt with in Closed Session; Local Government Item Matter (Meeting Procedures) No Regulations 2015 Reference 8.1 Application for Leave of Absence 15(2)(i) 8.2 Unconfirmed Minutes - Cradle 15(2)(g) Coast Authority Board Meeting - 13 October 2015 - Dulverton Regional Waste Management Authority Board Meeting - Audit & Risk Committee - 26 October 2015 8.3 Feasibility Review 15(2)(a)
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
For
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY
The Mayor adjourned the meeting at 7.18pm to reconvene in Closed Session at 7.18pm. The Council moved out Closed Session at 7.21pm. Council resumed in open session at 7.21pm. CLOSURE There being no further business on the agenda the closed session was declared closed at 7.21pm. Confirmed
Chairman
Minutes of Devonport City Council ordinary meeting held 23 November 2015