Minutes council meeting 28 september 2015

Page 1

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, 28 SEPTEMBER 2015 COMMENCING AT 6:30PM Meeting Open Session Closed Session Total PRESENT:

From 6:30pm 7:21pm

To 7:19pm 7:30pm

Time Occupied 49 minutes 9 minutes 58 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: Acting General Manager, M Atkins Executive Manager Organisational Performance, K Peebles 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 There were no Declarations of Interest.

3.0

PROCEDURAL 3.1 3.1.1

CONFIRMATION OF MINUTES COUNCIL MEETING - 24 AUGUST 2015 181/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Keay

That the minutes of the Council meeting held on 24 August 2015 as circulated be confirmed.

Minutes of Devonport City Council ordinary meeting held 28 September 2015


Page 2 of 16

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 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

With the completion of new roadworks at the intersections of Don Road, Hillcrest Road and Watkinson Street, why is the roadway marked out to be repaired so soon? Who is going to pay for these repairs? Devonport?

Q2

Will it be left to the Ratepayers of

As you know, the Devonport City Council has a duty of care to the residents and visitors to this city! Why is it that you are failing to keep the road line markings up to an acceptable standard, in the Devonport Municipality?

Response The Mayor advised Mr Smith that question 1 and 2 would be taken on notice and a response provided in writing. Q3

At present the Devonport City Council provides free parking in the Council owned car parks after 5:30pm weekdays, all day on Saturdays and Sundays. Will there be free parking during these times in the multi storey carpark as well as the smaller car park in stage one, two and three of the LIVING CITY Project? Will there be parking fees involved for people attending Concerts and the Devonport Eisteddfod after 5:30pm.

Response The Mayor advised Mr Smith that Council hasn’t yet determined the fee structure for the new multi storey carpark. 3.3

QUESTIONS FROM ALDERMEN

Nil

Minutes of Devonport City Council ordinary meeting held 28 September 2015


Page 3 of 16

3.4 NOTICES OF MOTION 3.4.1

VICTORIA PARADE LIGHTING - NOTICE OF MOTION - ALD A J JARMAN (D387673) 182/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Laycock

That Council Officers be requested to investigate the installation of suitable lighting of sections of the footpath on Victoria Parade. The investigations to include community consultation, costings and other relevant information and be presented for consideration as part of the 2016/17 budget deliberations. For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against

For    

Ald Laycock Ald Matthews Ald Perry Ald Rockliff

Against

CARRIED UNANIMOUSLY 4.0

PLANNING AUTHORITY MATTERS There were no items to consider as a Planning Authority.

5.0 REPORTS 5.1

2015 MASTERS GAMES - ADELAIDE (D386265) 183/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

That Council: (a)

note that the Mayor will be attending the 2015 Masters Games in Adelaide from 1 to 11 October 2015;

(b)

note that the Cradle Coast Authority will be reimbursing Council for the airfares and nine night’s accommodation; and

(c)

note that all remaining costs will be met by Council.

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 28 September 2015


Page 4 of 16 5.2

SUPPLY AND DELIVERY OF A BACKHOE LOADER (D384600) 184/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Keay

That the quotation from JF Machinery be accepted for: 1.

the supply of a JCB 3cx backhoe loader at a quoted sum of $161,440 (ex GST); and

2.

the trade-in price for the existing backhoe loader of $39,000 (ex GST). 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

CONTRACT 1292 - DESIGN & REPLACEMENT OF BELLAMY ROAD BRIDGE (D385225) 185/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Laycock

That Council, in relation to Contract 1292 – Design & Replacement of Bellamy Road Bridge: a)

award the contract to BridgePro Engineering Pty Ltd for the tendered sum of $147,300 (ex GST);

b)

note that design, project management and administration for the project are estimated to cost $6,000 (ex GST); and

c)

note that a construction contingency of $15,000 (ex GST) is included in the budget.

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 28 September 2015


Page 5 of 16 5.4

CONTRACT 1296 - KELCEY TIER ROAD PAVEMENT RENEWAL (D386435) 186/15 RESOLUTION MOVED: SECONDED:

Ald Matthews Ald Jarman

That Council, in relation to Contract 1296 – Kelcey Tier Road Pavement Renewal – Melrose Road to Sherston Road: a)

award the contract to Hardings Hotmix Pty Ltd for the tendered sum of $301,339 (ex GST);

b)

note that Taswater relocations are estimated to cost $15,000 (ex GST);

c)

note that design, project management and administration for the project are estimated to cost $25,000 (ex GST); and

d)

note that a construction contingency of $20,000 (ex GST) is included in the budget. 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

CONTRACT 1297 - WILLIAM STREET PAVEMENT RECONSTRUCTION - STEWART TO STEELE STREET (D386738) 187/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Emmerton

That Council, in relation to Contract 1297 – William Street Pavement Reconstruction – Stewart to Steele Street: a)

award the contract to Kentish Construction and Engineering Company Pty Ltd for the tendered sum lump sum of $303,764 (ex GST);

b)

note that design, project management and administration for the project are estimated to cost $25,000 (ex GST); and

c)

note that a construction contingency of $30,000 (ex GST) is included in the budget.

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 28 September 2015


Page 6 of 16 5.6

PUBLIC ADDRESS SYSTEM - ROOKE STREET MALL (D383044) 188/15 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Laycock

That Council note the information relating to the Public Address System and determine not to proceed with this project at this time. For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against

For    

Ald Laycock Ald Matthews Ald Perry Ald Rockliff

Against

CARRIED UNANIMOUSLY 5.7

HARBOURMASTER'S CAFE (D386646) PROCEDURAL MOTION 189/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

The matter be deferred pending a workshop being held. For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against

For Ald Laycock Ald Matthews Ald Perry Ald Rockliff

Against 

   CARRIED

5.8

REQUEST BY DEVONPORT TENNIS CLUB FOR REMOVAL OF TREES (D387211) 190/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Emmerton

That Council receive the report of the Development Manager and determine to advise the Devonport Tennis Club that it is unable to condone the lopping or removal of any of the Melaleuca Ericifolia in the stand surrounding the tennis court complex because of their threatened native vegetation community status. Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

For  

Against

  

Ald Laycock Ald Matthews Ald Perry Ald Rockliff

For 

Against 

  CARRIED

Minutes of Devonport City Council ordinary meeting held 28 September 2015


Page 7 of 16 5.9

LIVING CITY UPDATE - SEPTEMBER 2015 (D387632) 191/15 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Goodwin

That the report on the progress of LIVING CITY 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 5.10

TASTE THE HARVEST - FINANCIAL SUPPORT REQUEST FROM LIONS CLUB OF CITY OF DEVONPORT INC. (D377985) 192/15 RESOLUTION MOVED: SECONDED:

Ald Matthews Ald Laycock

That Council agrees to: (a)

continue to support the Lions Club of City of Devonport Inc as detailed in the Heads of Agreement; and

(b)

underwrite the Taste the Harvest event for the next three years up to a maximum of $10,000 per year based on agreed criteria. For     

Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay

Against

For    

Ald Laycock Ald Matthews Ald Perry Ald Rockliff

Against

CARRIED UNANIMOUSLY

6.0 INFORMATION 6.1

GENERAL MANAGER'S REPORT - SEPTEMBER 2015 (D372079) 193/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Laycock

That the report of the General Manager 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 28 September 2015


Page 8 of 16 6.2

MAYOR'S MONTHLY REPORT (D385524) 194/15 RESOLUTION MOVED: SECONDED:

Ald Laycock Ald Emmerton

That the Mayor’s monthly report 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 6.3

WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING (D385967) 195/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Rockliff

That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information 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 6.4

ALDERMAN CONFERENCE ATTENDANCE REPORT (D387033) 196/15 RESOLUTION MOVED: SECONDED:

Ald Laycock Ald Keay

That the report from Ald Jarman relating to her attendance at the LGMA Congress held in Darwin 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 28 September 2015


Page 9 of 16

7.0 SECTION 23 COMMITTEES 7.1

PLANNING AUTHORITY COMMITTEE MEETING - 14 SEPTEMBER 2015 (D387188) 197/15 RESOLUTION MOVED: SECONDED:

Ald Emmerton Ald Keay

That the minutes of the Planning Authority Committee meeting held on Monday, 14 September 2015 be received and the recommendations contained therein be noted. PAC 11/15

Planning Applications approved under Delegated Authority 1 August 2015 - 31 August 2015

PAC 12/15

PA2015.0092 - 2 Lot Subdivision (One Additional Lot) - 100 North Street Devonport (approved under Delegated Authority)

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 11/15

Planning Applications approved under Delegated Authority 1 August 2015 to 31 August 2015 That the list of delegated approvals be received.

PAC 12/15

PA2015.0092 - 2 Lot Subdivision (One Additional Lot) - 100 North Street Devonport 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 PA2015.0092 and grant a Permit to develop land identified as 100 North Street, Devonport for the following purposes: 

2 lot subdivision (one additional lot)

Subject to the following conditions: 1.

The subdivision is to be undertaken generally in accordance with the submitted plans referenced as Drawing No 215096 by Michell Hodgetts & Associates Pty Ltd dated 26/06/2015 a copy of which is attached and endorsed as a document forming part of this Planning Permit.

2.

The subdivider is to comply with the conditions contained in the Submission to Planning Authority Notice which TasWater has required to be included 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 28 September 2015


Page 10 of 16

7.2

3.

The subdivider is to take all reasonable steps during the required civil works to minimise off site environmental effects occurring that might result in a nuisance. This includes air, noise and water pollution and doesn’t allow for burning of any waste materials.

4.

The subdivider is to install a 150mm diameter stormwater connection to the property boundary of Lot 1 in accordance with the municipal standards.

5.

The subdivider is to install a vehicular crossover to Lot 1 from Chalmers Lane in accordance with the municipal standards.

GOVERNANCE AND FINANCE COMMITTEE MEETING - 21 SEPTEMBER 2015 (D387996) 198/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Emmerton

That the minutes of the Governance and Finance Committee meeting held on Monday, 21 September 2015 be received and the recommendations contained therein be adopted. GFC 33/15

Annual Plan Progress Report - July-August 2015

GFC 34/15

Renew Devonport

GFC 35/15

Offsite Storage of Council's Records

GFC 36/15

Fitness for Work Policy

GFC 37/15

Elected Members' Expenditure Report - July/August 2015

GFC 38/15

Section 23 Committee - Policy Update

GFC 39/15

Annual Financial Report for Year Ended 30 June 2015

GFC 40/15

Finance Report for August 2015

GFC 41/15

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 33/15 GFC 34/15

Annual Plan Progress Report - July-August 2015 That the 2015/16 Annual Plan Progress Report for the period July to August 2015 be received and noted. Renew Devonport That the report of the Executive Manager Corporate and Business Services regarding Renew Devonport be received and

Minutes of Devonport City Council ordinary meeting held 28 September 2015


Page 11 of 16 noted and that Council further consider its ongoing support for the project in March 2016 prior to any further monetary investment being provided. GFC 35/15

Offsite Storage of Council's Records That the report of the Executive Manager Corporate and Business Services regarding off-site storage of Council records be received and that Council authorise moving to an offsite storage solution as outlined within the report.

GFC 36/15

Fitness for Work Policy That the Fitness for Work Policy be adopted with immediate effect with Council endorsing that the policy will apply to Aldermen when attending a Council Workplace as part of their role as an elected representative of the community.

GFC 37/15

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

GFC 38/15

Section 23 Committee - Policy Update That the report of the General Manager relating to the updated Section 23 Committees Policy be received and noted and that Council formally appoint the following Aldermen as additional Committee Members:

GFC 39/15

1.

Governance & Finance – Ald Martin

2.

Infrastructure, Works & Development – Ald Laycock

3.

Community Services – Ald Goodwin

Annual Financial Report for Year Ended 30 June 2015 That the report of the General Manager relating to the Annual Financial Report for the year ended 30 June 2015 be received and that Council: (a)

receive the Annual Financial Report and note that it will be included as an Appendix in the 2015 Annual Report; and

(b)

adjust the carried forward capital works projects budget as listed in this report to the value of $4,888,468.

GFC 40/15

Finance Report for August 2015 That the Finance Report for August 2015 be received and noted.

GFC 41/15

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

Minutes of Devonport City Council ordinary meeting held 28 September 2015


Page 12 of 16 8.0

CLOSED SESSION 199/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Jarman

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 8.5

Local Government (Meeting Procedures) Regulations 2015 Reference Application for Leave of Absence 15(2)(i) Unconfirmed Minutes - Dulverton 15(2)(g) Regional Waste Management Authority Meeting - Audit & Risk Committee - 10 August 2015 and Cradle Coast Authority Board Meeting - 11 August 2015 LIVING CITY Reference Group 15(2)(c) Minutes LIVING CITY Land Acquisition 15(2)(b),(f) Closed Session - Governance and 15(2)(f) Finance Committee Meeting - 21 September 2015 Matter

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 7:19pm to reconvene in Closed Session at 7:21pm The Council moved out Closed Session at 7:30pm. Council resumed in open session at 7:30pm. CLOSURE There being no further business on the agenda the closed session was declared closed at 7:30pm. Confirmed

Chairman

Minutes of Devonport City Council ordinary meeting held 28 September 2015


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