Page 6 of 17 MINUTES OF THE OPEN SESSION OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, 44-48 BEST STREET, DEVONPORT ON MONDAY, 25 AUGUST 2014 COMMENCING AT 6:00PM PRESENT:
Ald S L Martin (Mayor) in the Chair 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
Council Officers: General Manager, P West Deputy General Manager, M Atkins Executive Manager Community Services, E Ewins Executive Manager Corporate and Business, S Crawford Development & Health Services Manager, B May Planning & Environmental Health Coordinator, S Warren 1.0
APOLOGIES The following apologies were received for the meeting: Ald Cole Ald Kent Ald Wilson
2.0
Leave of Absence Leave of Absence Apology
DECLARATIONS OF INTEREST There were no Declarations of Interest.
3.0 CLOSED SESSION 199/14 RESOLUTION MOVED: Ald Hollister SECONDED: Ald Squibb That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2005 the following be dealt with in Closed Session: Item No 3.1 3.2 3.3 3.4
Local Government (Meeting Procedures) Matter Regulations 2005 Reference Applications for Leave of Absence 15(2)(i) Unconfirmed minutes of the Cradle Coast 15(2)(f) Authority Board held on 8 July, 2014 LIVING CITY Project and Development 15(2)(c) Management Agreement Consideration of Request by J & D Ryan for 15(2)(h)(j) compensation arising out of Building Work at 3 Coles Beach Road, Devonport
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 7 of 17
Local Government (Meeting Procedures) Matter Regulations 2005 Reference Closed Session - Governance and Finance 15(2)(f) Committee Meeting - 28 July 2014 Future commitment to Tiagarra 15(2)(e)(f)(j) Unconfirmed minutes of the Dulverton 15(2)(f) Regional Waste Management Board meeting held on 8 August
Item No 3.5 3.6 3.7
FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
4.0 PUBLIC QUESTION TIME 4.1
RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS There were no questions from the July Council meeting that required a written response.
4.2
Questions asked at this meeting MR DOUGLAS JANNEY - 23 WATKINSON STREET, DEVONPORT (D339173) The upgraded Aquatic Centre was reopened in January ’14. On the 25th April I wrote to the General Manager regarding 5 panels of footpath at 260 Steele St that were damaged by the Aquatic Centre contractor and needed to be fixed. The General Manager responded on the 8th May writing that “a commitment has been received that the necessary repairs will be undertaken in due course”. Since then more than 3 months has elapsed and NOTHING. The section of the Council responsible for the contract needs an application of GOYA as this matter needs closure forthwith. Q1
Why wasn’t the damage picked up in early January by Council personnel?
Q2
At what time +0 +1 week will the damaged footpath panels be repaired?
The Mayor advised that the question would be taken on notice and a response provided in writing. 5.0
CONFIRMATION OF MINUTES 5.1
COUNCIL MEETING - 21 JULY 2014 207/14 RESOLUTION MOVED: Ald Goodwin SECONDED: Ald Laycock That the minutes of the Council meeting held on 21 July 2014 as previously circulated be confirmed.
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 8 of 17 FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
6.0 WORKSHOPS & BRIEFING SESSIONS 6.1
WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING (D337440) 208/14 RESOLUTION MOVED: Ald Hollister SECONDED: Ald Squibb That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted. FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
7.0 PLANNING AUTHORITY MATTERS 7.1
DISP2014.02 & PA2014.0091 APPLICATION FOR COMBINED DISPENSATION AND PERMIT - SETTING ASIDE EXISTING ZONE TO ALLOW POTATO PACKING AND DISTRIBUTION - 23-61 TARLETON STREET EAST DEVONPORT (D338159) 209/14 RESOLUTION MOVED: Ald Jarman SECONDED: Ald Goodwin That in accordance with section 30T of the Land Use Planning and Approvals Act 1993 the Planning Authority grants a permit for resource processing at 2361 Tarleton Street, East Devonport subject to the following conditions: 1.
2.
Unless requiring alteration by subsequent conditions of this permit the use and development is to be undertaken in accordance with the details received on 1 August 2014 from: a)
Terrence Rattray of Anchor Organics; and
b)
The Zone and Code E6 Addendum by Neil Shephard and Associates on behalf of Tascot Properties Pty Ltd; and
c)
The Site Plan prepared by Pitt and Sherry, Drawing No DV14068-G1 Revision A dated 31.07.14.
Prior to commencing the permitted activity the owner or his agent is to provide a schedule of works arising from the recommendations of the Environmental Service and Design Pty Ltd report dated November 2011. This work is to be undertaken in collaboration with Worksafe Tasmania and an appropriately qualified and experienced consultant. The Environmental Service and Design Pty Ltd recommendation no.1 that
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 9 of 17 forms part of this permit is to seal and progressively remove all asbestos sheeting. A schedule of works for this option is to be submitted for consideration and subsequent approval prior to commencing any work. 3.
Prior to commencing the permitted activity the owner or his agent is to engage an appropriately qualified and experienced consultant to remove and dispose of buried drums and the surrounding potentially contaminated soil at the identified part of the site. Upon completion validation testing results of the remediated areas are to be provided before any further site works commence.
4.
Prior to commencing the permitted activity the owner or his agent is to construct a sealed impervious area for car parking suitably drained and delineated in accordance with AS/NZS 2890.1 – 2004 Parking Facilities. This applies to the car parking for 20 cars and 40 cars respectively that are indicated on the Pitt and Sherry drawing at the eastern section of the site.
5.
Prior to commencing the permitted activity the owner or his agent is to install a properly constructed sealed and drained driveway between the boundary gate indicated as Gate 4 on Brooke Street to all the factory entrances that are to be utilised as referenced on the Pitt and Sherry drawing. This construction is to include all vehicle manoeuvring areas.
6.
The operator and owner of the permitted activity is not to change any process, construct, install, alter or remove any structure or equipment or change the nature or quantity of a pollutant that will result in environmental harm.
7.
Prior to commencing the permitted activity the specified truck parking area assigned on the eastern boundary contiguous with the 20 cars is only to be constructed to the industry standard and appropriately delineated for larger vehicles after the site has been remediated and identified drums and contaminated soil removed.
8.
Prior to commencing the permitted activity the existing broken kerbing near the gate 4 access is to be removed and replaced with a formal vehicle crossover in accordance with IPWEA standard drawing TSD-R16v1, type KCRB & B1.
9.
Prior to commencing the permitted activity a vehicle driveway apron must be installed from the back of the crossover and extend to the property boundary at Gate 4. This driveway apron must be installed in accordance with IPWEA standard drawings TSD-R16-v1, type KCRB & B1 and TSD-R09-v1 and must be a minimum width of 6m. The distance from back of kerb to the gate must be of a sufficient length to allow a truck to stand without protruding over the Brooke Street road pavement. Suitable realignment of the perimeter fence and entrance gate is to be undertaken to achieve this.
10.
Prior to commencing the permitted activity any identified vegetation within Brooke Street, adjacent to the access of gate 4, must be removed to a standard where sight distance compliance with IPWEA drawing TSDRF01-v1 can be achieved.
11.
Prior to commencing the permitted activity the owner or his agent is to contact the appropriate utility services for any design criteria regarding the modification of any pit covers/lids within the driveway access.
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 10 of 17 12.
The developer is responsible to repair/re-instate any damage incurred to Council assets as a result of undertaking these works.
13.
Prior to undertaking any works within the road reservation a „permit to workâ€&#x; must be sought and approved from Council.
If requested by the applicant conditions 2,3,4 & 7 be permitted to include a Part 5 Agreement in accordance with the Land Use Planning and Approvals Act 1993. And secondly That under Section 30S of the Land Use Planning and Approvals Act 1993 the Planning Authority determines: (a)
to support the application for dispensation to set aside the General Residential zone standards for land at 23-61 Tarleton Street, East Devonport subject to the provisions of the Light Industrial zone being applied; and
(b)
to exhibit the application for dispensation and the permit for three weeks.
FOR Ald Goodwin Ald Keay Ald Rockliff AGAINST Ald Martin
Ald Hollister Ald Laycock
Ald Jarman Ald Perry
Ald Squibb CARRIED
8.0 NOTICES OF MOTION 8.1
SUPPORT - TRIAL FOR MEDICINAL CANNABIS FOR TASMANIANS - ALD J T KEAY (D337522) 210/14 RESOLUTION MOVED: Ald Keay SECONDED: Ald Jarman That Council notes overwhelming public and local government support for the trial for medicinal cannabis for Tasmanians and calls on the Tasmania Government to reconsider its position and allow a clinical trial on the production, processing and administration of medicinal cannabis in Tasmania whilst the Legislative Council Parliamentary Committee continues its work in this space. FOR Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb
Ald Jarman Ald Perry
AGAINST Ald Martin CARRIED
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 11 of 17 8.2
YOUTH POLICY AND ESTABLISHMENT OF A YOUTH ADVISORY COUNCIL - ALD KEAY (D337537) 211/14 RESOLUTION MOVED: Ald Keay SECONDED: Ald Rockliff That Council: a)
continues youth engagement throughout Council activities;
b)
determine that the Youth Policy be reviewed and included within a broad Community Development Framework; and
c)
technology be used to seek input and feedback from young people including establishing a virtual Youth Advisory Group using social media.
FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
9.0 MAYORAL REPORT 9.1
MAYOR'S MONTHLY REPORT (D337426) 212/14 RESOLUTION MOVED: Ald Goodwin SECONDED: Ald Rockliff That the Mayorâ€&#x;s monthly report be received and noted. FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
10.0 GENERAL MANAGER'S REPORTS 10.1
GENERAL MANAGER'S REPORT - AUGUST 2014 (D331485) 213/14 RESOLUTION MOVED: Ald Goodwin SECONDED: Ald Jarman That the report of the General Manager be received and noted. FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 12 of 17 10.2
PLANNING AUTHORITY COMMITTEE MEETING - 21 JULY 2014 (D335507) 214/14 RESOLUTION MOVED: Ald Squibb SECONDED: Ald Keay That the minutes of the Planning Authority Committee held on Monday, 21 July 2014 be received and noted. PAC 11/14
Planning Applications Approved Under Delegation during the period 17 June to 15 July 2014.
PAC 12/14
PA2014.0080 - Residential (Dwelling and Shed) - assessment against performance criteria for location and configuration of development and suitability of a site - 28 Harris Road, Stony Rise (D334772).
PAC 13/14
PA2014.0082 - Permitted - change of use (business and professional services - photography studio) & discretionary assessment against traffic generating use and parking code (less parking spaces provided than minimum requirement) - 51 Formby Road, Devonport (D334773).
FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
10.3
LOCAL GOVERNMENT ASSOCIATION OF TASMANIA - 2014 ELECTION OF PRESIDENT (D336298) 215/14 RESOLUTION MOVED: Ald Rockliff SECONDED: Ald Hollister That Council in response to the request from the Tasmanian Electoral Commission determine not to provide a nomination for the election of President of the Local Government Association of Tasmania FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
10.4
INFRASTRUCTURE AND WORKS COMMITTEE MEETING - 11 AUGUST 2014 (D337375) 216/14 RESOLUTION MOVED: Ald Keay SECONDED: Ald Goodwin That the minutes of the Infrastructure and Works Committee held on Monday, 11 August 2014 be received and the recommendations contained therein be adopted.
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 13 of 17 IWC 5/14
Valley Road Soccer Complex Update (D335262)
IWC 6/14
Driveway Policy (D336272)
IWC 7/14
Infrastructure and Works Report (D334562)
FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
EFFECTIVE DECISIONS OF THE INFRASTRUCTURE AND WORKS COMMITTEE CONFIRMED BY COUNCIL IWC 5/14
10.5
Valley Road Soccer Complex Update (D335262) That the report from the Infrastructure and Works Manager regarding the ground condition at the Valley Road Soccer Ground be received and noted and Council; 1.
endorse proceeding with the ground renovation in late 2014 as outlined in option one; and
2.
include a major upgrade of the ground surface as outlined in option 2 as part of the five year works program.
IWC 6/14
Driveway Policy (D336272) That the report from the Infrastructure and Works Manager be received and noted and that Council adopt the Driveway Policy with immediate effect.
IWC 7/14
Infrastructure and Works Report (D334562) That the Infrastructure and Works monthly report for July 2014 be received and noted.
GOVERNANCE AND FINANCE COMMITTEE MEETING - 28 JULY 2014 (D337376) 217/14 RESOLUTION MOVED: Ald Goodwin SECONDED: Ald Rockliff That the minutes of the open session of the Governance and Finance Committee held on Monday, 28 July 2014 be received and the recommendations contained therein be adopted. Open Session GFC 1/14
Public Interest Disclosures Act 2002 - Procedures Manual (D331571)
GFC 2/14
Annual General Meeting (D332446)
GFC 3/14
Elected Membersâ€&#x; Expenditure Report (D333893)
GFC 4/14
Equal Employment Opportunity (EEO) and Diversity Policy (D333374)
GFC 5/14
Recruitment and Selection Policy (D333373)
GFC 6/14
Harassment, Bullying and Anti-Discrimination Policy (D333392)
GFC 7/14
Governance and Finance Report (D332428)
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 14 of 17 FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
EFFECTIVE DECISIONS OF THE GOVERNANCE AND FINANCE COMMITTEE CONFIRMED BY COUNCIL GFC 1/14
GFC 2/14
Public Interest Disclosures Act 2002 - Procedures Manual (D331571) That Council: 1.
note the advice provided by the Ombudsman in relation to the review of Guidelines and Standards relating to the Public Interest Disclosures Act 2002; and
2.
adopt the attached Public Interest Disclosures Act 2002 Procedures Manual with immediate effect
Annual General Meeting (D332446) That the report of the Executive Manager Corporate and Business Services be received and that Council confirm: (a)
that the Annual General Meeting will be held at the East Devonport Recreation Centre; and
(b)
a provisional date (to be confirmed) for the Annual General Meeting be Thursday 16 October 2014, commencing at 6:00 pm.
GFC 3/14
Elected Members’ Expenditure Report (D333893) That the report advising of Mayoral and Aldermanic expenditure be received and noted.
GFC 4/14
Equal Employment Opportunity (EEO) and (D333374) That the report of the Executive Manager Business Services be received and that Council Employment Opportunity and Diversity Policy effect.
Diversity Policy Corporate and adopt the Equal with immediate
GFC 5/14
Recruitment and Selection Policy (D333373) That the report of the Executive Manager Corporate and Business Services be received and that Council adopt the Recruitment and Selection Policy with immediate effect.
GFC 6/14
Harassment, Bullying and Anti-Discrimination Policy (D333392) That the report of the Executive Manager Corporate and Business Services be received and that Council adopt the Harassment, Bullying and Anti-Discrimination Policy with immediate effect.
GFC 7/14
Governance and Finance Report (D332428) That the Governance and Finance report be received and noted.
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 15 of 17 10.6
COMMUNITY SERVICES COMMITTEE MEETING - 18 AUGUST 2014 (D337381) 218/14 RESOLUTION MOVED: Ald Squibb SECONDED: Ald Jarman That the minutes of the Community Services Committee held on Monday, 18 August 2014 be received and the recommendations contained therein be adopted. CSC 1/14
Minutes of Controlling Authorities, Working Groups and Special Committee Meetings (D334236)
CSC 2/14
Use of Council Leased Grounds on Good Friday (D333323)
CSC 3/14
Development and Health Services Report (D334794)
CSC 4/14
Learning Communities Strategic Framework (D335503)
CSC 5/14
Financial Assistance Grants 2013-14 Acquittals (D337137)
CSC 6/14
Partnership Agreements 2013-14 Annual Reports (D337164)
CSC 7/14
Food Security Grant (D337374)
CSC 8/14
Community Services Report (D333650)
FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
EFFECTIVE DECISIONS OF THE COMMUNITY SERVICES COMMITTEE CONFIRMED BY COUNCIL CSC 1/14
Minutes of Controlling Authorities, Working Groups and Special Committee Meetings (D334236) That the combined minutes of Controlling Authorities, Working Groups and Special Committees be received and noted; and that: 1.
Debbie Grice and Jodhi Wilkinson be appointed as members of the Devonport Food and Wine Festival Special Committee.
CSC 2/14
Use of Council Leased Grounds on Good Friday (D333323) That the report by the Executive Manager Community Services be received and Council advise the Devonport-Don Presbyterian Church that it is not Councilâ€&#x;s role to determine whether sports are played on Good Friday and suggests it would be more appropriate, for the Church to take the matter up with the respective sporting organisations.
CSC 3/14
Development and Health Services Report (D334794) That it receive and note the Development and Health Services report for June and July 2014.
CSC 4/14
Learning Communities Strategic Framework (D335503) That the Executive Manager Community Services report be received and that Council:
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 16 of 17
10.7
1.
facilitate the formation of a Special Interest Group, to oversee the development of a Learning Communities strategic framework; and
2.
seek interest from Aldermen to be members of the Special Interest Group.
CSC 5/14
Financial Assistance Grants 2013-14 Acquittals (D337137) That the report regarding Financial Assistance Grants 2013-14 Acquittals be received and noted.
CSC 6/14
Partnership Agreements 2013-14 Annual Reports (D337164) That the report regarding Partnership Agreements 2013-14 Annual Reports be received and noted.
CSC 7/14
Food Security Grant (D337374) That the Food Security Grant report be received and noted.
CSC 8/14
Community Services Report (D333650) That the Community Services report be received and noted.
UNCONFIRMED MINUTES OF MEETING - AUDIT PANEL - 11 AUGUST 2014 (D337886) 219/14 RESOLUTION MOVED: Ald Goodwin SECONDED: Ald Rockliff That Council receive and note the unconfirmed minutes of the Audit Panel meeting held on 11 August 2014 and extend the terms of panel members Rob Atkinson and Alf Mott until 31 December 2014. FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
11.0 CUSTOMERS AND COMMUNITY REPORTS 11.1
STATE EMERGENCY SERVICES - PROPOSED ADDITIONAL VOLUNTEER TRUCK (D338126) 220/14 RESOLUTION MOVED: Ald Goodwin SECONDED: Ald Jarman That Council in response to the State Emergency Service (Mersey Unit) request for funding assistance for the purchase of an additional truck: a)
agrees to contribute a maximum of $4,750 (being 50% of the identified $9,500 shortfall) towards the cost;
b)
funding to be sourced from the unallocated financial assistance budget line item; and
c)
encourages the SES Unit in future to make requests for funding through the annual budget process.
Minutes of Devonport City Council ordinary meeting held 25 August 2014
Page 17 of 17 FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
11.2
DEVONPORT VISITOR INFORMATION CENTRE - AMENDED OPERATIONAL HOURS (D338165) 221/14 RESOLUTION MOVED: Ald Goodwin SECONDED: Ald Squibb That Council: (a)
endorse a reduced span of hours at the Devonport Visitor Information Centre, being Monday to Friday 7.30am - 3.30pm, and Saturday and Sunday 7.30am – 11.30am;
(b)
if deemed operationally necessary extend weekend hours during the peak tourism season;
(c)
be provided with a report in March 2015 outlining alternative models of operation for the Devonport Visitor Information Centre in time for 2015/16 budget considerations:
(d)
cease any promotional billboard advertising and decline any proposed partnership models associated with Visitor Information services at Dockside Plaza, East Devonport at this time; and
(e)
list as a future Workshop topic the options which may be available for the Council owned land adjacent to the entry/exit to the Spirit of Tasmania ferry terminal at 2-12 Murray Street, East Devonport, acquired in 2009.
FOR Ald Martin Ald Jarman Ald Perry
Ald Goodwin Ald Keay Ald Rockliff
Ald Hollister Ald Laycock Ald Squibb CARRIED UNANIMOUSLY
There being no further business the Mayor declared the meeting closed at 8:33pm. Confirmed
Chairman
Minutes of Devonport City Council ordinary meeting held 25 August 2014