Minutes council meeting 27 july 2015 by Devonport City Council

Page 1 of 16 MINUTES OF THE OPEN SESSION OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, 44-48 BEST STREET, DEVONPORT ON MONDAY, 27 JULY 2015 COMMENCING AT 6:30PM Meeting Open Session Closed Session Total PRESENT:

From 6:30pm 7:37pm

To 7:34pm 8:00pm

Time Occupied 1 hour & 4 minutes 23 minutes 1 hour & 27 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 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: Ald Laycock

Item 5.1

Ald Perry

Item 5.1

Ald Martin

Item 5.7

Ald Rockliff

Item 8.4

Devonport Chamber of Commerce & Industry - Membership Devonport Chamber of Commerce & Industry - Membership Request from Crown Land Services – Murphy Investments (Tas) P/L request to lease land adjacent to the Harbourmaster‟s Café. Food Ambassador

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 2 of 16 3.0

PROCEDURAL 3.1 3.1.1

CONFIRMATION OF MINUTES COUNCIL MEETING - 22 JUNE 2015 138/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

That the minutes of the Council meeting held on 22 June 2015 as circulated be confirmed. 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

PUBLIC QUESTION TIME

3.2.1

RESPONSES TO QUESTIONS RAISED AT PRIOR MEETINGS There were no responses required in relation to questions raised at previous Council and Section 23 Committee meetings.

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 Devonport Ratepayers did you have complete the feedback form, for the recent LIVING CITY displays at the Devonport Library and at the Council office?

Could you please supply me with a breakdown of where your 152 employees are in various departments, within the Devonport Council?

Could you please tell me why the street lights at the roundabout at Nixon Street and Best Street, as well as the roundabout lighting at Gunn and Parker Street, don‟t use the orange sodium lighting used in all of the roundabouts in Devonport? When will they be upgraded to the same standards: AS/NZ 1158?

Response The Mayor advised Mr Smith that his questions would be taken on notice and a response would be provided in writing. 3.3

QUESTIONS FROM ALDERMEN

Nil

3.4 NOTICES OF MOTION Nil Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 3 of 16 4.0

PLANNING AUTHORITY MATTERS 4.1

PA2015.0055 RESIDENTIAL (MULTIPLE DWELLINGS X 2) - ASSESSMENT AGAINST PERFORMANCE CRITERIA FOR SETBACKS AND BUILDING ENVELOPE AND TRAFFIC GENERATING USE AND PARKING CODE - 91 WILLIAM STREET, DEVONPORT (D379728) 139/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Rockliff

That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2015.0055 and grant a Permit to use and develop land identified as 91 William Street, Devonport for the following purposes: 

Residential (multiple dwellings x 2) – assessment against performance criteria for setbacks and building envelope and Traffic Generating Use and Parking Code

Subject to the following conditions: 1.

The Use and Development is to proceed generally in accordance with the following submitted plans and documentation, copies of which are attached and endorsed as documents forming part of this Planning Permit: a.

Project No. 15-218, Rev A, Drawings 101-107, dated 28 May, 2015 by Lachlan Walsh Design; and

In-principle agreement – Roads and Stormwater, Devonport City Council, dated 15/6/15;

Note: The following is provided for information purposes.

THIS IS NOT A BUILDING PERMIT. You need to provide a copy of this planning permit to a registered Tasmanian Building Surveyor. WORK CANNOT COMMENCE UNTIL BUILDING AND PLUMBING PERMITS ARE ISSUED. No burning of any waste is to be undertaken on site. Any waste materials are to be removed and disposed of at a licensed refuse disposal facility. During the construction and use of these facilities all measures are be taken to prevent nuisance. Air, noise and water pollution matters are subject to provisions of the Building Regulations or the Environmental Management and Pollution Control Act 1994. The developer is to dispose of any asbestos found during demolition in accordance with the Workplace Tasmania, “Guidelines for Safe Disposal of Asbestos”. Enquiries can be directed to Council‟s Development & Health Services Department – Ph 6424 0511.

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 4 of 16 For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff

For    

Against

CARRIED UNANIMOUSLY

5.0 REPORTS Ald Laycock and Ald Perry declared an interest and left the meeting at 6:35pm. 5.1

DEVONPORT CHAMBER OF COMMERCE & INDUSTRY - MEMBERSHIP (D374844) 140/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Jarman

That Council in relation to the request from the Devonport Chamber of Commerce & Industry determine to maintain its membership status at the current level as agreed by Council at its meeting on 30 January 2012. For    

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman

Against

For Ald Keay Ald Matthews Ald Rockliff

Against  

 CARRIED

Ald Laycock and Ald Perry returned to the meeting at 6:40pm. 5.2

UNCONFIRMED MINUTES - CRADLE COAST AUTHORITY REPRESENTATIVES MEETING - 28 MAY 2015 (D375631) 141/15 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Matthews

That the unconfirmed minutes of the Cradle Coast Authority Representatives meeting held on 28 May 2015 be received and 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 27 July 2015

Page 5 of 16 5.3

LOCAL GOVERNMENT ASSOCIATION OF TASMANIA - 2015 BY-ELECTION FOR PRESIDENT (D376006) RESOLUTION MOVED: SECONDED:

Ald Keay Ald Jarman

That Council not submit a nomination for the 2015 by election for President of the Local Government Association of Tasmania. For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff

For    

Against

CARRIED UNANIMOUSLY 5.4

STATE GOVERNMENT PLANNING REFORMS (D376787) 142/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Keay

That the report of the Development Manager regarding current progress on the reform of the Tasmanian planning system be received and 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 5.5

LOCAL GOVERNMENT REFORM - MINISTER FOR PLANNING AND LOCAL GOVERNMENT (D377981) MOVED: SECONDED:

Ald Matthews

That the report of the General Manager relating to local government reform be received and noted and the Cradle Coast Authority and Minister for Local Government be advised that Council is prepared to participate in any shared services study undertaken and strongly recommend that the scope of the study is broadened to include the identification of the advantages/ disadvantages of amalgamation/s. The motion lapsed for want of a seconder.

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 6 of 16 143/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Keay

That the report of the General Manager relating to local government reform be received and noted and the Cradle Coast Authority and Minister for Local Government be advised that Council, considering all other eight councils in the region will participate in a shared services feasibility study, removes its previous conditional involvement and will now actively engage in any process implemented providing the costs of the consultancy is borne equally by all participating councils. For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against

For    

Ald Laycock Ald Matthews Ald Perry Ald Rockliff

Against

CARRIED UNANIMOUSLY 5.6

EAST DEVONPORT PUBLIC ART PROJECT PROPOSAL (D378190) 144/15 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Jarman

That Council note the project brief developed by the East Devonport Special Interest Group in relation to a community public art project and determine to: 1.

Thank the Special Interest Group for its work;

Seek expressions of interest for the project in line with project brief;

Support in principle the project and note that a further report will be provided to Council once expressions of interest have been received and evaluated.

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 27 July 2015

Page 7 of 16 Ald Martin left the meeting at 7:10pm and Ald Rockliff assumed the Chair. 5.7

REQUEST FROM CROWN LANDS TO ADVISE COUNCIL'S POSITION IN RESPONSE TO A REQUEST BY MURPHY INVESTMENTS (TAS) PTY LTD TO LEASE FURTHER LAND ADJACENT TO THE HARBOURMASTER'S CAFE (D378766) RESOLUTION MOVED: SECONDED:

Ald Keay Ald Perry

That Council: 1.

advise Crown Land Services that in relation to the request from Murphy Investments (Tas) Pty Ltd for the lease of an additional 3000m² of foreshore land in the vicinity of the Harbourmaster‟s Café that it supports the provision of the proposed lease providing that the following conditions are included in it: (a) that a suitable public shared pathway is maintained at all times through the area linking to the current foreshore pathway and Formby Road; (b) that a valid development application is submitted within six months of the date of the lease being granted; (c) that the lease is subject to the applicant securing the necessary development and statutory approvals; and (d) there is a guarantee provided by the applicant that the development proceeds within two years of approval otherwise the lease is to be surrendered.

advise Murphy Investments (Tas) Pty Ltd that it cannot give a guarantee that a development application for the land will satisfy the requirements of the Devonport Interim Planning Scheme 2013 until such time as a fully detailed development application has been received and assessed by the Planning Authority. For    

Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against

For   

Ald Laycock Ald Matthews Ald Perry Ald Rockliff

Against

 CARRIED UNANIMOUSLY

Ald Martin returned to the meeting at 7:20pm and resumed the Chair. 5.8

COMMUNITY CONSULTATION RESULTS - STAGE 1 LIVING CITY PLANS (D379410) 145/15 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Goodwin

That Council receive the report regarding public exhibition of LIVING CITY Stage 1 concept plans and: 1.

note the comments received during the consultation period for consideration and inclusion where appropriate in later detailed design phases;

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 8 of 16 2.

accept the current Stage 1 plans as the concept design; subject to any necessary modifications to meet the final funding model; and

authorise for Lyons Architects to proceed with phase 3 of the design process, to construction tender stage as outlined in the March 2015 report for the lump sum total of $715,138 (ex GST); and

authorise the General Manager to lodge a Development Application/s for Stage 1 at the appropriate time. For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff

For    

Against

CARRIED UNANIMOUSLY

6.0 INFORMATION 6.1

GENERAL MANAGER'S REPORT - JULY 2015 (D372076) 146/15 RESOLUTION MOVED: SECONDED:

Ald Laycock Ald Keay

That the report of the General Manager 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 6.2

WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING (D375995) 147/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

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 27 July 2015

Page 9 of 16 6.3

MAYOR'S MONTHLY REPORT (D378312) 148/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Emmerton

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

7.0 SECTION 23 COMMITTEES 7.1

PLANNING AUTHORITY COMMITTEE MEETING - 6 JULY 2015 (D377595) 149/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Perry

That the minutes of the Planning Authority Committee meeting held on Monday, 6 July 2015 be received and the recommendations contained therein be noted. PAC 07/15

Planning Applications approved under Delegated Authority 1 June 2015 to 27 June 2015

PAC 08/15

PA2015.0059 2 lot subdivision and residential (dwelling) assessment against performance criteria for location and configuration of development - 16 Collins Way Tugrah

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

For     

Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff

For    

Against

CARRIED UNANIMOUSLY DELEGATED DECISIONS OF THE PLANNING AUTHORITY COMMITTEE NOTED BY COUNCIL PAC 07/15

Planning Applications approved under Delegated Authority 1 June 2015 to 27 June 2015 That the list of delegated approvals be received.

PAC 08/15

PA2015.0059 2 lot subdivision and residential (dwelling) assessment against performance criteria for location and configuration of development - 16 Collins Way Tugrah That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2015.0059 and grant a Permit to use and develop land identified as 16 Collins

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 10 of 16 Way, Tugrah for the following purposes: 

2 lot subdivision and Residential (dwelling and shed) assessment against performance criteria for location and configuration of development

Subject to the following conditions: 1.

Project No 00066 A01, A02 & A03 dated 9.04.15, 29.05.15 and 29.05.15 respectively, by Gavin Smith of Arplan Home Designs;

Bushfire Report & Bushfire Hazard Management Plan by Tammy Smith Energy, dated 21 March 2015 and 23 March 2015 respectively;

S2542-01 infolet (Onsite wastewater investigation) by Donal S. Anderson – Consulting Engineer, dated 27 May, 2015

Access is to be provided to lot 2 in accordance with current municipal standards. In this regard Council must be contacted prior to commencing construction of the access to arrange a suitable location and design.

The developer is to submit a design report (including the site and soil evaluation in accordance with AS/NZS1547:2012) along with an application for a Special Plumbing Permit for the on-site waste water system with the Building Application.

The subdivider is to provide underground power to lot 2.

The subdivider is not to include any covenants within the Schedule of Easements that by their intended purpose are inconsistent with the relevant zone and code standards of the Devonport Interim Planning Scheme 2013.

The subdivider must comply with the conditions contained in the „Submission to Planning Authority Notice‟ which the regulated Entity (trading as TasWater) has required the Planning Authority to include in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008.

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 11 of 16 7.2

GOVERNANCE AND FINANCE COMMITTEE MEETING - 20 JULY 2015 (D379606) 150/15 RESOLUTION MOVED: SECONDED:

Ald Matthews Ald Keay

That the minutes of the Governance and Finance Committee meeting held on Monday, 20 July 2015 be received and the recommendations contained therein be adopted. GFC 25/15

Mayor's Monthly Report

GFC 26/15

GFC 27/15

Local Government (Meeting Procedures) Regulations 2015 and Local Government (General) Regulations 2015

GFC 28/15

Local Government Association of Tasmania - Annual General Meeting and General Meeting - 22 July 2015

GFC 29/15

Elected Members' Expenditure Report - May/June 2015

GFC 30/15

Annual General Meeting

GFC 31/15

Valuation of Property, Plant and Equipment

GFC 32/15

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 25/15

Mayor's Monthly Report That the Mayor‟s monthly report be received and noted.

GFC 26/15

Council Policy Review - Financial Assistance Policy, Community Engagement Policy, Tree Policy, Street Trading Policy, Sponsorship Policy, Investment Policy, Complaint Handling Policy, Dealing with Difficult Customers Policy That it be recommended to Council that it adopt the following reviewed policies with immediate effect: 1. 2. 3. 4. 5. 6. 7.

Financial Assistance Policy Community Engagement Policy Tree Policy Street Trading Policy Sponsorship Policy Investment Policy Complaint Handling Policy

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 12 of 16 8.

Dealing with Difficult Customers Policy

GFC 27/15

Local Government (Meeting Procedures) Regulations 2015 and Local Government (General) Regulations 2015 That the report of the General Manager outlining the changes to the Local Government Meeting Procedures and the Local Government General Regulations be received and noted.

GFC 28/15

Local Government Association of Tasmania - Annual General Meeting and General Meeting - 22 July 2015 That the agendas for the Local Government Association of Tasmania Annual General Meeting and General Meeting held on 22 July 2015 be received and noted.

GFC 29/15

Elected Members' Expenditure Report - May/June 2015 That the report advising of Aldermen expenses be received and noted.

GFC 30/15

Annual General Meeting That: (a) the Annual General Meeting be held on Wednesday, 28 October 2015 at 6:00pm in the Council Chambers; (b) as a result of the recent decision to audio record all meetings and make those recordings available on the website that unless special circumstances exist all of Councilâ&#x20AC;&#x;s meetings will be conducted in the established Council meeting room.

8.0

GFC 31/15

Valuation of Property, Plant and Equipment That the Valuation of Property, Plant and Equipment report be received and noted.

GFC 32/15

Governance & Finance Report That the Governance and Finance report be received and noted.

CLOSED SESSION 151/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Keay

That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 the following items be dealt with in Closed Session; Item No 8.1 8.2 8.3 8.4

Local Government (Meeting Procedures) Regulations 2015 Reference Application for Leave of Absence 15(2)(h) Sale of Land for Unpaid Rates 15(2)(j) Unconfirmed Minutes - Cradle 15(2)(g) Coast Authority Board Meeting and Dulverton Regional Waste Management Authority Meetings Food Ambassador 15(2)(d) Matter

Minutes of Devonport City Council ordinary meeting held 27 July 2015

Page 13 of 16

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

For     

Against

For Ald Laycock Ald Matthews Ald Perry Ald Rockliff

Against

   CARRIED UNANIMOUSLY

The Mayor adjourned the meeting at 7:34pm to reconvene in Closed Session at 7:37pm. The Council moved out Closed Session at 8:00pm. Council resumed in open session at 8:00pm. CLOSURE There being no further business on the agenda the closed session was declared closed at 8:00pm. Confirmed

Chairman

Minutes of Devonport City Council ordinary meeting held 27 July 2015