Council Minutes for 17 September 2012

Page 1 of 14 MINUTES OF THE OPEN SESSION OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, FENTON WAY, DEVONPORT ON MONDAY, 17 SEPTEMBER 2012 COMMENCING AT 7.15PM PRESENT:

Ald S L Martin (Mayor) in the Chair 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: General Manager, I McCallum Assistant General Manager Customers and Community, 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

Apologies C ouncil M eeting - 20/08/2012

There were no apologies received.

2.0

LEAVE OF ABSENCE That the Leave of Absence for Ald G B Kent be noted.

3.0 DECLARATIONS OF INTEREST Ald Perry declared an interest in Agenda Item Numbers 4.4, 4.5 and 9.1.

4.0

CLOSED SESSION 229/12 RESOLUTION Ald Cole / Perry That the meeting be closed to the public, to enable Council to consider Agenda Items 4.1 to 4.6 as prescribed in Regulation 15(2) of the Local Government (Meeting Procedures) Regulations 2005.

4.1

Unconfirmed Minutes of Board Meeting – Cradle Coast Authority – 14 August 2012

4.2

Unconfirmed Minutes of Representatives Meeting – Cradle Coast Authority – 23 August 2012

4.3

Minutes – financial Assistance to Community Organisations Working Group – 4 September 2012

4.4

Offer to Purchase Land

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 2 of 14 4.5

Car Parks in Devonport CBD

4.6

Performance Report

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

5.0 PUBLIC FORUM 5.1 R es pons es to q uestions r ais ed at pri or c ouncil meetings

5.1

RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS (D277921) 236/12 RESOLUTION Ald Rockliff / Cole That the report advising of responses to questions raised at a prior Council meeting be received and noted.

5.2

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

Questions asked at this meeting MR KAY KIDD – 99 NORTH STREET, DEVONPORT (26370) As you know we have submitted a petition with more than 150 signatures seeking to overturn the recent rate increase of up to 20%. We also asked for a change in the method of determining rates as the AAV method is now clearly out of step with reality.

We have established that the claim made by the General Manager that this current increase has been forced by a change in the legislation is not true and we now have a letter from the Mayor confirming that Council knew that they could continue with a remission but that they chose not to do so. This is obviously discriminating against many older people who have lived in their residences for many years and who have already been paying up to several times the average rate for the City and who are now trying to live in retirement on low and reducing incomes.

We are asking that Council revert to the 1.8% increase across the board for this year to give time to research other options for assessing rating for the municipality.

In a recent discussion with the General Manager, he said that he would be recommending that no change be made for this current year. This was confirmed in an article in today’s paper.

My question is: Will our elected representatives have the courage to reject the General Manager’s recommendation and vote for a 1.8% increase in the general rate across the board for all residential properties for this financial year?

The Mayor advised that the matter would be taken on notice and a response provided in writing.

MR DAVID RENODEN – 2 ELLICE HILL DRIVE, SPREYTON (26370) This Council has to get serious about this impossible rating system. We have heard so much about rates are a tax and therefore based on one’s ability to pay. My income last year was $25,000, yet my rates were increased by 20%, that is $380 this year, another $456 next year and $546 the year after that. A

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 3 of 14 total of $1,380 increase in three years, that means a total general rate of $3,282, plus fire and garbage, leaving a total of $3,904, which is totally unacceptable.

Mr Mayor in a letter I sent to you, I asked, “as I am only receiving the same services from Council as the average ratepayer, how can you justify that I should pay up to three times as much for my rates?” You said, “In answer to your question, I can’t”. In other words you cannot say why I should pay three times as much. So my question is, “Is this your considered opinion, or are you speaking for all the Aldermen and the Council in general?”

In the letter dated the 22nd June, it said, “The decision to remove remissions has come about from recent legislation changes.” In LGA 129 it says, “If a remission has been previously applied and will no longer, the policy should be updated to reflect the reason why this remission is no longer available. “ So does the policy now state the reason for the remission removal is due to recent legislation?

Mr Mayor, in a letter, you stated that all the Aldermen were made fully aware of the changes in legislation, but did this include making the Aldermen aware of LGA 129? As in another letter dated 29 August, you said, “Council is aware it may apply remissions, it chose NOT to do so in this case.” This is in direct contradiction to the reason given in the letter from the General Manager, dated 22nd June, which clearly said the increases were due to legislative changes.

If all of this is true, why then Mr Mayor, when I contacted a number of Aldermen after the letter dated 22nd June, did they say they were NOT aware of LGA 129 and the fact a remission could still be applied?

The Mayor advised that the matter would be taken on notice and a response provided in writing.

MR MARK SEATON – 322 KELCEY TIER ROAD, SPREYTON (26370) Most of the Aldermen and women I have spoken to believe the AAV system is unfair, outmoded and out dated.

Most of you agree the 20 percent increase is unfair.

To the half a dozen Aldermen I personally spoke to some 4 or 5 weeks ago knew nothing of Section 129 of the Act. Including you Mr Mayor.

What begs belief is the letter from the Mayor’s office now stating now that all Aldermen knew of this specific section of the Act when the opposite is true.

I ask you all will you now show some integrity and honesty and intestinal fortitude (I know it may be difficult, but) to reverse your decision and reinstate the rates cap at $1,900.

In light of the Local Government Act Council Aldermen alone may determine the system to raise rates on ratepayers.

Will you all work actively towards a fairer rating system to be implemented before the next financial year to the benefit of all ratepayers without penalizing or sacrificing any one group?

The Mayor advised that the matter would be taken on notice and a response provided in writing.

MR BOB VELLACOTT – 11 COCKER PLACE, DEVONPORT I note on this year’s rate demand, states the following: Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 4 of 14 “As of 1 July 2012 a penalty of 10% will now be payable.”

The recent High Court ruling that opens up the way for further action against Banks and possibly other organisations charging excessive fees and penalties, begs the question.

Q1

Does Council consider the 10% penalty being imposed on late payment of rates as being fair or equitable?

Q2

Does the 10% penalty represent a true reflection of the actual cost of administering no matter what amount of time a person’s rate payment is overdue?

Q3

Does your understanding of the Local Government Act stipulate that a penalty of 10% must apply?

The Local Government Act as I understand allows for a far less punitive punishment and I do question why Council has now chosen to impose the maximum penalty.

The Mayor advised that the matter would be taken on notice and a response provided in writing.

MR ANDREW COOPER – 134 DON HEADS ROAD, DON On Tuesday, 3 July I had a meeting with Mr McCallum who advised that there was nothing Council could do about the increase in the rates this year because, his terminology was “it wasn’t his doing” and that I should contact Brian Green’s office, which I did on that day. I was told that, that was not correct and that Devonport City Council had made that decision on their own.

I rang the Mayor the same day and I got exactly the same answer.

I also say that when the Mayor was trying to get votes he stood on my doorway stating that he was for a fairer Devonport, in my opinion it is far from a fairer Devonport when they start singling out people who have worked hard to provide for their family and get ahead – it is wrong.

MR KEN TYSON – 5 JINGELLA PLACE, DEVONPORT I sent an email to all Aldermen when I first got my Rates Notice and Ald Grant Goodwin was the only one who responded to it, no else responded. The question I ask is, will you be meeting with ratepayers in the higher end of town prior to striking next year’s rates?

PROCEDURAL MOTION 237/12 RESOLUTION Ald Rockliff / Cole That Standing Orders be suspended to allow Agenda Item 11.2 to be brought forward.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

11.2

PETITION - NORTH STREET & CHALMERS LANE (D278194) RESOLUTION Ald Goodwin / Keay That Council: 1.

Leave the situation in relation to rating and granting of remissions as is for

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 5 of 14 the 2012/2013 year; 2.

Examine closely alternative Rating Models by 31 December 2012, including the holding of ratepayer information sessions, prior to determining Council Rates to apply from 2013/2014; and

3.

Investigate the development of a Remission Policy for self-funded retirees living in higher valued properties by 31 December 2012.

AYES:

Alderman Rockliff

NOES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Squibb and Wilson

The motion was LOST. PROCEDURAL MOTION Motion Ald Wilson / The matter be deferred pending a workshop being held as soon as possible, with three representatives of the community invited to partake, to investigate all rating options available with a view to bringing forward a set of recommendations for the October meeting.

The Mayor declined to accept the procedural motion as the matter had already been workshopped and he believed it was in the public interest to proceed with the matter tonight.

238/12 RESOLUTION Ald Goodwin / Keay That a rate remission be granted in the 2012/2013 year, in accordance with Section 129(4) of the Local Government Act 1993, to all of those single residential ratepayers who, in 2011/2012, were levied the former maximum general rate of $1,900 (Clause 5.8.1 of Council’s Rate Resolution No 202/11 dated 27 June 2011) and were levied in excess of 4% increase ($1,976) in general rates for 2012/2013. The remission is to be equal to the amount above $1,976 levied on single residential properties.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

PROCEDURAL MOTION 239/12 Motion Ald Laycock / Cole That Standing Orders be resumed

6.0

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

CONFIRMATION OF MINUTES

Confirmati on of Minutes C ouncil M eeting - 20/08/2012

6.1

Council Meeting - 20 August 2012 240/12 RESOLUTION Ald Jarman / Cole That the Minutes of the Council Meeting held on 20 August 2012 as circulated be taken as read and confirmed.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock,

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 6 of 14 Perry, Rockliff, Squibb and Wilson NOES:

Nil

7.0 WORKSHOPS & BRIEFING SESSIONS 7.1 Wor kshop and Briefi ng Sessi ons hel d si nce the las t c ouncil meeting

7.1

WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING (D277739) 241/12 RESOLUTION Ald Wilson / Cole That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

8.0 PLANNING AUTHORITY MATTERS 8.1 PA2012.0137 Shop with Variations to Front and Si de Setbac ks - 122 William Street

8.1

PA2012.0137 SHOP WITH VARIATIONS TO FRONT AND SIDE SETBACKS - 122 WILLIAM STREET (D278209) 242/12 RESOLUTION Ald Goodwin / Rockliff That Council, pursuant to the provisions of the Devonport and Environs Planning Scheme 1984 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2012.0137 and grant a Permit to use and develop land identified as 122 William Street, Devonport for the following purposes: Shop with variations to front and side setback Subject to the following conditions:

1.

The Use and Development is to proceed generally in accordance with the submitted documentation and plans referenced as Drawing No. 212076 by Yaxley Design & Drafting dated September 2011, rev A copies of which are attached and endorsed as documents forming part of this Planning Permit.

2.

Signage on the western and southern fascias is not to exceed 10m² in aggregate area, be uniform in depth with no more than one sign being placed on either fascia.

3.

Signage on the display windows is not to be greater than 50% of the glazed area.

4.

Opening hours are restricted to between: Monday – Friday Saturdays & Public Holidays

7.30am to 5.30pm 8.00am to 5.00pm

5.

The developer is to provide a landscaping bond of $2500 dollars to ensure the proposed siteworks are satisfactorily installed.

6.

The developer is to dispose of stormwater from the site to the satisfaction of Council. This includes but is not limited or confined to: a)

Collecting runoff from driveway areas via grated drains or pits and

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 7 of 14 drained from the site;

7.

b)

Upgrading with a new or renewed stormwater connection as required;

c)

Retarding stormwater runoff from the development site by retention systems to ensure that the existing level of runoff from the land as presently developed is not exceeded (refer to note below).

d)

Storm water discharged from the site is to be directed to the side entry pit located in front of the property on William Street.

e)

Details of the design are to be submitted and approved prior to the lodgement of the building application.

The developer is to construct the car park to comply with AS/NZS 2890.1 – 2004 Parking Facilities Part 1 – Off Street Car Parking, and Part 2 – Off Street Commercial Vehicle Facilities including the following: a)

Provide line marking or tactile indicators for parking bays.

b)

Staff parking is to be clearly marked to avoid customers utilising these bays.

c)

Providing ‘exit’ and ‘entry’ signage and markings at the property access on Stewart Street.

d)

Placing appropriate line marking on the delivery area to ensure delivery vehicles only utilise the space.

8.

The developer is to construct a maximum 6m wide driveway access in accordance with IPWEA standard drawing SD – 1003 centrally located in line with the existing crossover (refer to note below).

9.

The developer is to seal the parking and manoeuvring areas with an all weather surface seal graded and drained to an approved stormwater outlet.

10.

The person responsible for the activity must comply with the conditions contained in Schedule 2 of Permit Part B, which the Regulated Entity (trading as Cradle Mountain Water) has required the planning authority to include in the permit, pursuant to section 56Q of the Water and Sewerage Industry Act 2008.

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

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Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 9 of 14

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 10 of 14

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 11 of 14 9.0

NOTICES OF MOTION

9.1 Pres er vation and Alignment of Existi ng Winter Us age Rig hts - Girdl estone Par k and D evonpor t Oval - N otic e of Motion - Ald A J J arman

9.1

PRESERVATION AND ALIGNMENT OF EXISTING WINTER USAGE RIGHTS GIRDLESTONE PARK AND DEVONPORT OVAL - NOTICE OF MOTION - ALD A J JARMAN (D278334) Ald Perry left the meeting at 8:35:13 PM. 243/12 RESOLUTION Ald Jarman / Keay That existing winter usage rights of Girdlestone Park and the Devonport Oval be preserved and aligned with the leasehold terms (lease tenure) that the East Devonport Football Club and the Devonport Football Club currently enjoy with Council for their respective clubroom facilities.

Primary ground usage rights will also be aligned to any subsequent clubroom leasehold agreements entered into with Council and will be maintained for each club irrespective of which competition they play in during the term of the said lease.

Primary ground usage rights will give the East Devonport Football Club and the Devonport Football Club first right of refusal on the following conditions for the term of their respective leases during those months Council defines as winter for usage purposes: Primary and preferential use of the ground for roster matches scheduled by their respective competitions.

Primary and preferential use of the ground for training on any week day or night as required by the clubs.

If there is default on either or both of 1) clubroom leasehold arrangements and 2) ground usage charges as applied and charged by Council, the lease on ground usage will also be deemed to be in default.

AYES:

Aldermen Martin, Cole, Goodwin, Jarman, Keay, Laycock, Rockliff and Squibb

NOES:

Aldermen Hollister and Wilson

Ald Perry returned to the meeting at 8:46:18 PM.

10.0 MAYORAL REPORT 10.1 Mayor's M onthl y Repor t

10.1

MAYOR'S MONTHLY REPORT (D277939) 244/12 RESOLUTION Ald Goodwin / Rockliff That the report advising of the Mayor’s meetings and functions for the month of August, 2012 be received and noted.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 12 of 14

11.0 GENERAL MANAGER'S REPORTS 11.1 Crown Land Tr ans fer to Devonport Ci ty C ouncil

11.1

CROWN LAND TRANSFER TO DEVONPORT CITY COUNCIL (D277961) 245/12 RESOLUTION Ald Rockliff / Jarman That Council authorise the Mayor or General Manager to sign and apply Council’s seal to the Deed of Transfer for the property contained in Certificate of Title Volume 160513 Folio 1 comprising the Devonport Entertainment and Convention Centre.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

11.3 Water & Sewer age C orporation - Owner's Representati ve 11.2 Peti tion - N orth Street & C hal mers Lane

11.3

WATER & SEWERAGE CORPORATION - OWNER'S REPRESENTATIVE (D278287) 246/12 RESOLUTION Ald Squibb / Laycock That Council: 1.

Appoint Alderman Goodwin as its representative to the Owners’ Representative Body (ORB) of the new state-wide Water and Sewerage Corporation;

2.

Appoint Alderman Wilson as the proxy representative to the ORB; and

3.

Limit the appointments to the current electoral term and that new appointments be made following the next election to be conducted in October 2013, and thereafter, following each subsequent general election.

AYES:

Aldermen Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Alderman Martin

11.4 El ected M embers Expenditure Report

11.4

ELECTED MEMBERS EXPENDITURE REPORT (D278338) 247/12 RESOLUTION Ald Rockliff / Cole That the report advising of Mayoral and Aldermanic Expenditure for the month of August, 2012 be received and the information noted.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

11.5 Payment of Alder men's Allowanc es , Expenses and Provisi on of F acilities Polic y R eview

11.5

PAYMENT OF ALDERMEN'S ALLOWANCES, EXPENSES AND PROVISION OF FACILITIES POLICY REVIEW (D278343) 248/12 RESOLUTION Ald Laycock / Rockliff That the revised “Payment of Aldermen’s Allowances, Expenses and Provisions of Facilities Policy be adopted.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 13 of 14

12.0 CUSTOMERS AND COMMUNITY REPORTS 12.1 Minutes of Contr olling Authorities, Wor ki ng Gr oups and Special C ommittee Meeti ngs

12.1

MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND SPECIAL COMMITTEE MEETINGS (D277169) 249/12 RESOLUTION Ald Wilson / Goodwin That : 1.

The Combined Minutes of Controlling Authorities, Working Groups and Special Committees be received and noted;

2.

Council note the appointment of Alderman Lynn Laycock as Chairperson of the Don Railway Special Committee.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

12.2 D evonport Signage Str ateg y

12.2

DEVONPORT SIGNAGE STRATEGY (D278345) 250/12 RESOLUTION Ald Wilson / Rockliff That Council endorse the Devonport Signage Strategy and associated Sign Templates.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

12.3 D evonport Aquatic Centr e Provisi on of D edic ated Swi mmi ng Clubroom

12.3

DEVONPORT AQUATIC CENTRE PROVISION OF DEDICATED SWIMMING CLUBROOM (D278220) 251/12 RESOLUTION Ald Wilson / Cole That Council: 1.

Advise the Devonport Aquatic Club that it has decided not to provide a dedicated Clubroom at the Devonport Aquatic Centre and decline their offer of a financial contribution to such a facility; and

2.

Give authority to the eventual managers of the Devonport Aquatic Centre to determine the best use of the total complex.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

13.0 TECHNICAL AND FINANCE REPORTS 13.1 Financ e Report for Aug ust 2012

13.1

FINANCE REPORT FOR AUGUST 2012 (D277294) 252/12 RESOLUTION Ald Goodwin / Rockliff That the Finance Report for August 2012 be noted.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock,

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012

Page 14 of 14 Perry, Rockliff, Squibb and Wilson NOES:

Nil

13.2 Amendments to Capital Budget, Long Ter m financial Plan and Cas h Fl ows

13.2

AMENDMENTS TO CAPITAL BUDGET, LONG TERM FINANCIAL PLAN AND CASH FLOWS (D278337) 253/12 RESOLUTION Ald Goodwin / Perry That Council adopt the amendments outlined in the Attachments to the 2012/13 Capital Expenditure Budget, Long Term Financial Plan and 2012/13 Estimated Cash Flow Statement.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

13.3 C apital Progress Rep ort

13.3

CAPITAL PROGRESS REPORT (D277951) 254/12 RESOLUTION Ald Laycock / Rockliff That the progress report on the 2012/13 Capital Works Program be noted.

AYES:

Aldermen Martin, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff, Squibb and Wilson

NOES:

Nil

There being no further business the meeting was closed at 9.43pm.

Confirmed

Chairman

Minutes of Devonport City Council Ordinary Meeting held 17 September 2012