council minutes for 15 october 2012

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Minutes of Devonport City Council Ordinary Meeting held 15 October 2012

MINUTES OF THE OPEN SESSION OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, FENTON WAY, DEVONPORT ON MONDAY, 15 OCTOBER 2012 COMMENCING AT 7.15PM

1.0 APOLOGIES

255/12 RESOLUTION Ald Goodwin / Cole That the apology received from Ald WM Squibb for tonight's meeting be received and noted.

AYES: Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff and Wilson

NOES: Nil

2.0 LEAVE OF ABSENCE

There were no Leave of Absences received for this meeting.

3.0 DECLARATIONS OF INTEREST

Nil

4.0 CLOSED SESSION

256/12 RESOLUTION Ald Laycock / Kent That the meeting be closed to the public, to enable Council to consider Agenda Items 4.1 to 4.8 which are confidential matters as prescribed in Regulation 15(2) of the Local Government (Meeting Procedures) Regulations 2005.

4.1 Application for Leave of Absence - Ald S L Martin

4.2 Application for Leave of Absence - Ald G F Goodwin

4.3 Drainage Issue at 160B and 162 Sheffield Road, Spreyton

4.4 Unconfirmed Minutes of Meeting - Audit Committee - 24 September 2012

4.5 Unconfirmed Minutes of Meeting - Devonport Maritime & Heritage Authority 20 September 2012

4.6 Unconfirmed Minutes - Dulverton Regional Waste Management Authority - Board Meeting - 18 September 2012

4.7 Unconfirmed Minutes - Dulverton Regional Waste Management Authority - Representatives Meeting - 19 September 2012

4.8 Unconfirmed Minutes of Board Meeting - Cradle Coast Authority - 11 September 2012

AYES: Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry, Rockliff and Wilson

NOES: Nil Ald Wilson left the meeting and did not return.

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5.0 PUBLIC FORUM

5.1 RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS (D280648) 266/12 RESOLUTION Ald Cole / Perry

That the report advising of responses to questions raised at a prior Council meeting be received and noted.

AYES: Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Keay, Laycock, Perry and Rockliff

NOES: Nil

5.2 Questions asked at this meeting DOUGLAS JANNEY - 23 WATKINSON STREET, DEVONPORT (D281125) I refer to Item 11.3 on page 123 of the Agenda and make several observations and then I have a question.

The Observations: 1 The search facility on the website for this Agenda did not work for me.

2 Pages 125 to 142 are back to front.

3 Pages 125 to 142 ought to be landscape on the website as they were in the January and April Agendas. This allowed reading without screwing one’s head over and laying an ear on the shoulder.

36 does not suffer from this problem.

Q Item 11.3 section S2.1.1.1(p127) states “% complete” 80% and Comp Date 30/06/2013 so:-

1. What are the steps and timelines from now until completion by 30/06/2013 and does this include the document being available to the public for perusal?

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

JOHN COLE – 3 NICHOLLS STREET, DEVONPORT (D281132) Mr Mayor and Aldermen; a number of local business owners have long held great concern as to the affect the Harvey Norman Centre would have on the CBD of Devonport, especially in light of the fact the Devonport Council appears to have no long term vision for the CBD, nor has it addressed the community and business concerns relating to parking issues despite numerous years of contention and so called parking strategies.

What is of great concern to me is that this project has been approved as a homemakers, bulky goods, centre.

But we now see “Shiploads” has been approved as a tenant. Whilst I have no objection to “Shiploads” coming to town, it would seem the CBD would be the appropriate location. How is it possible that “Shiploads” can be approved when their stock consists of such items as ladies bras, $1.49 bangles, roll on deodorant, 2lt orange juice, jigsaw puzzles & toy story merchandise etc. I present to Council “Shiploads” catalogues which clearly show that 90% of their stock is in fact not represented as “bulky goods”.

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At a Planning Commission hearing last Wednesday, in their latest bid for changes, the developers told objectors and the Planning Commission that there are strict tests for suitable tenants. Yet we have seen Harvey Norman’s sales men running around numerous local businesses offering tenancies, including my own on two occasions.

This is of great concern as it is obvious that they don’t care who goes in, as long as they get their rent, I would think this is contrary to the concept of the homemakers centre.

I strongly object to “Shiploads” being deemed a suitable tenant and believe it makes a complete mockery of the approved centre.

My questions to Council are as follows:

1. How does “Shiploads” meet the bulky goods requirement? 2. Are “Shiploads” Devonport going to be selling different products to their

other stores? 3. How are subsequent tenancies to be policed to ensure they sell the

appropriate goods; or is this to retail by stealth? 4. If “Shiploads”, or any other tenant, breach the approved conditions will

their tenancies be terminated and what recourse will objectors or Council have against operators breaching these conditions?

5. Why is it that prospective tenancies are not subject to the same stipulations as other prospective businesses in the City whereby proposed development needs to be advertised and is subject to public objection.

6. When is Council going to present to the Community a blueprint plan for the CBD; a vision that community and developers can see?

7. Is Council going to continue to ignore parking issues in the community?

At a time of extreme retail decline, the most difficult I have known in 30 years of operating a Devonport business, Council have approved two very large projects, totalling a floor space more than 1.5 times the entire existing Devonport City floor space developed over 120 years. Add to this a high vacancy rate in the CBD and significant increases in commercial rates and I believe in the interests of fairness these projects must be made to adhere to the original intentions and zoning rules agreed by the developer and the Devonport City Council.

At this stage Mr Cole formally presented two “Shiploads” catalogues as referred to previously.

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

BOB VELLACOTT – 11 COCKER PLACE, DEVONPORT (D281122) Re waste disposal charges on page 46 Annual Plan and Estimates 2012-2013 Heading Asbestos.

I note asbestos single loads less than 0.5 cubic metre indicates a charge of $36.00. I consider this amount a deterrent especially when very small amounts are to be disposed. To encourage the proper disposal of this most dangerous material.

Q Will Council give consideration to review this change and or allow staff at the Tip Transfer Station to use their initiative/discretion when very small amounts of asbestos such as old welding heat shields, gloves and heater lagging etc are to be disposed of?

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The Assistant General Manager – Technical and Finance advised that the fee charged at the Transfer Station for asbestos removal would be looked at as part of Council’s budget deliberations for the 2013/2014 financial year.

BOB VELLACOTT – 11 COCKER PLACE, DEVONPORT (D281124) I note in tonight’s Agenda 15/10/12 re my question of the 10% penalty that WILL be charged for overdue rates and the answer states the L.G.A permits Council to apply a penalty not exceeding 10%. The author I note, omits to say exactly what the act says:

That is: Council MAY and I emphasise the word MAY, impose a penalty of 10% and the Act also allows other alternatives.

Council it appears does not hesitate to impose the highest penalties, as you say, on recalcitrant ratepayers and I wonder what Council’s feelings would be if rate payers in general were able to retaliate and demand penalties for those responsible on Council, when projects run grossly over budget; sometimes I believe to the tune of many tens of thousands of dollars.

Q Will Council review the warning on rate notices to make it less punitive?

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 – 17 SEPTEMBER 2012

267/12 RESOLUTION Ald Cole / Hollister That the Minutes of the Council Meeting held on 17 September 2012 as circulated be taken as read and confirmed.


NOES: Nil 7.0 WORKSHOPS & BRIEFING SESSIONS

7.1 WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING (D278668)

268/12 RESOLUTION Ald Laycock / Rockliff That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted.


NOES: Nil

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8.0 PLANNING AUTHORITY MATTERS

8.1 AM2012/04 AMENDMENT TO PLANNING SCHEME - 211 BROOKE STREET (D279654)

269/12 RESOLUTION Ald Goodwin / Perry That Council:

1. agree to initiate amendment AM 2012/04 and certify amendment AM2012/04 by rezoning land at 211 Brooke Street to Light Industrial; and

2. placing amendment AM2012/04 on public exhibition for a 4 week period in accordance with Section 38 of the Land Use Planning and Approvals Act, 1993.


NOES: Nil

8.2 PA2012.0148 TAKE AWAY FOOD SHOP INCLUDING FOOD PROCESSING - 17 FORBES STREET (D280326)

270/12 RESOLUTION Ald Goodwin / Kent 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 PA2012.0148 and grant a Permit to use land identified as 17 Forbes Street, Devonport for the following purposes:

• Take-away food shop including food processing

Subject to the following conditions:

1. Unless altered by consequent conditions on this permit the internal alterations are to proceed generally in accordance with the submitted plans referenced as Proposed Internal Alterations to create a Seafood Shop by Weeda Drafting & Building Consultants Pty Ltd dated September 2012, Project 14112 copies of which are attached and endorsed as documents forming part of this Planning Permit. (see note below)

2. The activity endorsed by this permit is to undertaken generally in accordance with the Business Plan ‘Strait off the Boat’ submitted with the application with the following management matters to be included in the management and operation of the activity: (see note below)

(i) All containers transporting product between boat and processing room are to be kept closed and sealed and not stored outside prior to processing;

(ii) The door to the processing room is to be kept closed during processing;

(iii) Any deleterious waste matter is to be stored in air tight containers before transportation to an approved waste facility.

3. The person responsible for the activity is to have a current food premises registration prior to commencing sale of food.

4. The person responsible for the activity is to submit a design drawing of

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proposed driveways, accesses and car parking that demonstrates compliance with AS/NZS 2890.1 – 2004 Parking Facilities Part 1 – Off Street Car Parking. These plans are to include turning paths and any alternative parking arrangements that can be practically achieved.

5. The person responsible for the activity is to ensure that any waste receptacle placed within the road reserve during the alterations is made safe for pedestrian and vehicular traffic movements. Any such proposal will need a ‘Working within a Road Reserve Permit’ from the Council City Infrastructure Department.

6. The existing angled sign above the roof line/facade is to be removed. (see note below)

7. 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 (Council) to include in the permit pursuant to section 56Q of the Water and Sewerage Industry Act 2008.


NOES: Nil

Cradle Mountain Water - Determination Permit Application - PA2012.0148 - JA Rowlings & CA Harriss - 17 Forbes Street

ATTACHMENT [3]


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9.0 NOTICES OF MOTION

9.1 PROVISION OF STORAGE FACILITY - COMMUNITY GROUPS - NOTICE OF MOTION - ALD G B KENT (D279399)

271/12 RESOLUTION Ald Kent / Rockliff That Council Officers be requested to investigate the availability and costs of a suitable storage facility for the purposes of storing items used by community groups, service clubs and Council Special Committees/Authorities.


NOES: Nil

9.2 INVESTIGATION INTO RATING MODELS - NOTICE OF MOTION - ALD A L ROCKLIFF (D279928)

272/12 RESOLUTION Ald Rockliff / Goodwin That Council undertake a thorough investigation into the various rating models available to use ensuring that all information is provided in a timely manner which will allow any changes to be put in place before the 2013-14 financial year.

Ald Keay left the meeting at 7:46pm and did not return.

AYES: Aldermen Martin, Kent, Cole, Goodwin, Hollister, Jarman, Laycock, Perry and Rockliff

NOES: Nil

9.3 PREPARATION OF REPORT - CONTINUATION OF CRADLE MOUNTAIN WATER REBATE - NOTICE OF MOTION - ALD S L MARTIN (D280410)

The Mayor vacated the chair at 7.51pm and the deputy mayor took the chair

272/12 RESOLUTION Ald Martin / Rockliff That Council Officers prepare a report in regards to the not-for profit (NFP) Community Organisations Rebate Program with the Single Water & Sewerage Corporation, identifying the most cost efficient way to ensure the current CMW rebate continues, including investigations into the following:

• As CMW is the only corporation that provides the rebate, if such is opened statewide would dividends decrease to the point that Council would be worse off financially?

• If not supported would dividends be sufficient to continue the rebate at municipal level?

AYES: Aldermen Martin, Cole, Goodwin, Hollister and Rockliff

NOES: Aldermen Jarman, Kent, Laycock and Perry

PROCEDURAL MOTION Motion Ald Cole / Jarman The matter be deferred pending a workshop being held.

The Acting Chair did not accept the motion as this is a matter that needs to be considered now.

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The Mayor resumed the chair at 8.09pm. 10.0 MAYORAL REPORT

10.1 MAYOR'S MONTHLY REPORT (D279639) 273/12 RESOLUTION Ald Rockliff / Goodwin

That the report advising of the Mayor’s meetings and functions for the month of September, 2012 be received and noted.


NOES: Nil 11.0 GENERAL MANAGER'S REPORTS

11.1 CODE OF CONDUCT REVIEW (D279561) 274/12 RESOLUTION Ald Goodwin / Kent

That:

1. the changes to Devonport City Council’s Code of Conduct be noted and adopted;

2. Ron Dell be confirmed as Chair of Council’s Code of Conduct Panel

3. Aldermen Perry, Keay and Laycock be appointed to Council’s Code of Conduct Panel.


NOES: Nil

11.2 ELECTED MEMBERS EXPENDITURE REPORT (D279640) 275/12 RESOLUTION Ald Rockliff / Laycock

That the report advising of Mayoral and Aldermanic Expenditure for the month of September, 2012 be received and the information noted.


NOES: Nil

11.3 2012/13 ANNUAL PLAN UPDATE AS AT 30 SEPTEMBER, 2012 (D279956) 276/12 RESOLUTION Ald Goodwin / Cole

That the 2012/13 Annual Plan update as at 30 September, 2012, as outlined in the attached report, be received and noted.


NOES: Nil

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11.4 PROPOSED CHANGES TO LOCAL GOVERNMENT ELECTORAL ARRANGEMENTS (D280072)

277/12 RESOLUTION Ald Goodwin / Perry That Council advise the Director of Local Government, Security and Emergency Services, that its responses to the questions asked in the Discussion Paper titled “Proposed Changes to Local Government Electoral Arrangements” are as follows:

Question 1 : No

Question 2: Yes

Question 3: No

Question 4: Yes

AYES: Aldermen Martin, Kent, Goodwin, Hollister, Jarman, Laycock, Perry and Rockliff

NOES: Alderman Cole 12.0 CUSTOMERS AND COMMUNITY REPORTS

12.1 MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND SPECIAL COMMITTEE MEETINGS (D280109)

278/12 RESOLUTION Ald Kent / Jarman That the Combined Minutes of Controlling Authorities, Working Groups and Special Committees be received and noted.


NOES: Nil 13.0 TECHNICAL AND FINANCE REPORTS

13.1 CAPITAL PROGRESS REPORT (D279685) 279/12RESOLUTION Ald Rockliff / Kent

That the progress report on the 2012/13 Capital Works Program be noted.


NOES: Nil

13.2 ART STORAGE FACILITY RACKING - TENDER REPORT (D279776) 280/12 RESOLUTION Ald Goodwin / Jarman

That Council accept the Tender from Brownbuilt Pty Ltd for the supply and installation of the Art Storage Facility Racking for the Tendered sum of $124,500.00 exclusive of GST.


NOES: Nil

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13.3 ANNUAL ENVIRONMENTAL HEALTH REPORT (D279837) 281/12 RESOLUTION Ald Kent / Laycock

That Council note the Environmental Health Annual Report 2011-12 and endorse it for submission to the Director of Public Health.


NOES: Nil

13.4 CONTRACT 1222 - SUPPLY, DELIVERY AND PLACEMENT OF HOTMIX ASPHALT (D279839)

282/12 RESOLUTION Ald Rockliff / Hollister That the Tender and accompanying Schedule of Rates submitted by Hardings Hotmix Pty Ltd for Contract 1222 - Supply, Delivery and Placement of Hotmix Asphalt be accepted.


NOES: Nil

13.5 CONTRACT 1223 - SUPPLY, DELIVERY AND PLACEMENT OF SPRAYED BITUMINOUS SURFACING (D279862)

283/12 RESOLUTION Ald Goodwin / Cole That Tender and accompanying Schedule of Rates submitted by Downer Edi Works Pty Ltd for Contract 1223 - Supply, Delivery and Placement of Sprayed Bituminous Surfacing Services be accepted.


NOES: Nil

13.6 FINANCE REPORT FOR SEPTEMBER 2012 (D280492) 284/12 RESOLUTION Ald Rockliff / Kent

That the Finance Report for September 2012 be noted.


NOES: Nil There being no further business on the agenda the meeting was declared closed at 8.36pm. Confirmed Chairman

council minutes for 15 october 2012

Documents

unconfirmed minutes

tonights meeting

meeting douglas janney

resolution ald goodwin

resolution ald cole

nil ald wilson

resolution ald laycock

devonport d281125