Welcome to our meeting this evening we
will start at
7:02 great to see a full gallery thank
you so much for coming along and
supporting our meeting this
evening we haven't any apologies so I'll
move on to our acknowledgement of
country the Burnie City Council
acknowledges that every part of
Australia is always was and always will
be Aboriginal land Burnie City Council
pays respect
to the Pakana Palawa original owners and
cultural custodians of all the lands and
waters across Trouwunna Lutruwita Tasmania upon
which Pataway Burnie is situated and where
our Council
meets our meeting will be live streamed
this evening and we will now invite
Pastor Maddie Coppion of the Burnie
Baptist Church to open in prayer for us
thank you
Maddie
good day guys thanks for having me
pleasure to be here with you let's pray
well Father God thank you for this
gifted and diverse group of leaders who
have made themselves available to be the
Servants of this great city of Burnie
thank you for their humility and
willingness to be servant leaders to
stand in a public office that often
draws criticism and the odd
encouragement we know that there are
challenging decisions that need to be
made and decisions that are necessary to
help Burnie move into a a new future so
tonight we ask that you would Grace each
member of council to be a non-anxious
presence open to hearing the thoughts of
others and to be mindful of the greater
value of love and respect and to be
willing to wrestle out the decisions and
move forward together as a unified
leadership team we ask this in Jesus
name Amen thank you Maddie and welcome
to Burnie having just moved here to be
the new pastor at Burnie
Baptist now we'll move to counselor
Declarations of Interest are there any
of note tonight
okay confirmation of the minutes of the
open session of the council held on the
30th of January can I have a
mover thank you councilor Simpson
seconded counselor
Grave look I'll just make a comment
before I move
this I just need to do a correction of
the record with regard to the Burnie
netball courts asset data the following
matter is not related to a correction of
the minutes but I will address it here
as it relates to the matter that
occurred at our last council meeting at
that meeting councilor Aitken raised
concerns during the Burnie netball
Association motion that the data he was
provided didn't indicate that the
surface of the netball courts was
significantly deteriorated
and he asked whether the data was
accurate our general manager responded
to say that the data that councilor Aitken
had been provided was in fact related to
the building situated on that site not
the netball courts while this
information is correct I want to correct
the record to inform our community that
counselor Aitken was also correct in that
there was an error in the data that
counselors had been provided so thank
you so I'm going to put this motion of
the minutes all those in favor please
raise your right hand thank you that's
unanimous now we have a motion on notice
to meet and greet
sessions moved by councelor Dorsey is
that still correct councelor Dorsey you
withdraw okay thank you now we'll move
on to our public question time and we
have quite a few to move through might
ask our general manager if you wouldn't
mind Maureen Napier is the first one that I
had is that your first is Maureen in the
gallery no so I might get you to read
that if that's
okay I would like to know if there are
uh any intentions to add play equipment
barbecue facilities or any similar
improvements to the Jorgenson Park
Street Park the residents of the area
waited a long time and fought hard with
big hopes that something will improve
but to date nothing other than the
removal of play equipment has happened
we appreciate that the pirate ship
wasn't safe but where is something to
replace it at least there are many
children and families in the area that
access the park all the time come on
guys let's finally do something and give
us what we deserve
and thank you to ? for that question
so my answer is that the original play
equipment was removed after an
assessment raised some serious safety
concerns now officers apologized as
there should have been better
communication about that decision but
it was Aitken for legitimate safety
concerns the replacement will be
considered as part of the 2425 Capital
Works program and officers will consult
with the local community about about
replacing that play
equipment second question is by Amber
Harrison is Amber here this evening no
I'll ask you our GM to please read that
I refer to a past motion on 2014 2023
that Council will explore developing a
multifaith network to engage with
various Faith leaders within the
community in relation to the opening
prayer or as discussed a non-religious
affirmation in the 2021 census the
residents of Burnie indicated
53.4% nominated no religion 38.8%
specified a Christian religious
affiliation including 11.4% Catholicism
and 11.2% Anglicanism other religious
affiliations included Hinduism .9%
Buddhism 7% Islam 6% and Sikhism 2% has
this been
explored so my answer to Amber is
council has not begun this body of work
because we've been working seriously on
other priorities including our asset
management strategy and indeed
preparing for the upcoming election so
that we are absolutely ready with our
CBD Urban plan it will be progressed
later in the year the second part of
that question thank you when can we
expect to see a more inclusive
representation of residents reflected in
the opening prayer ? affirmation so any
changes will be subject to consultation
with all parties interested parties and
I cannot commit to a change or time
frame at this
time okay we have a question by Andrew
Boyd who isn't with us this evening so
again thank you
GM dear Council team with the entrance
gateway progressing thank you for
considering the Public's request to
change the colour with the council
consider coding the gateway structure in
the same translucent polymer coating
that the Maker's Workshop is coated in
this would solve the colour issue as it
could also be lit for any occasion
night lighting from street lamps and
traffic would also add to the feature
the translucent polymer also seems to
last longer than paint that will fade so
thank you Andrew who I think is watching
online this is not being considered
at this stage but thank you for your
question second part of his
question is the proposed location of the
welcome feature the most appropriate as
the proposed location is between Burnie's
two highest risk
intersections so the location was
subject to fairly detailed consideration
throughout the tender design and also
the approval process so all necessary
considerations and approvals have now
been obtained and in fact Works start on
the site this
week Andy Barnes is not here with this
this evening so again thank you GM how
much time did the actual councilors the
people who were voted in and paid to
make decisions for the people of Burnie
spent researching and coming up with
design ideas for the $1.25 million state
government grant for the markers who
around the table presented any ideas
whatsoever so thankfully it wasn't under
our remit to come up with ideas we're
not as artistic as artists around this
table Council determined to employ the
services of ghd who facilitated this
project on our behalf they both assisted
in the narrowing down of the select of
the two artists and then the community
consultation of the two Gateway projects
of those two final designs the welcome
gesture was chosen as the clear winner
from both the community and working
group that assisted ghd in this process
so it is important to note that we did
have a community working group made up
of roughly seven community members two
councilors and Council staff on the
working group to assist ghd with some of
this as a group of counselors we had
in-depth discussions around our
preferred location for the artwork to be
displayed and we gave those
recommendations to the CBD Gateway
working group the second part of the
question
Andy who names to be provided please
other than the mayor because of support
is obvious sitting around the table
tonight thought the markers are a great
idea as an entrance to Burnie who
thought that 80 votes out of a
population of
20472 at 2022 census or given the mayor
loves to talk percentages
0.39 of the entire population for the
markers Council approved for selection
was an ample amount of votes and support
to give the go ahead to spend the money
on well firstly Andy I certainly don't
like
percentages so I'll just clear that
record Andy I can hear from your
question that you are very dissatisfied
with what has been selected but we have
followed due process we've been gifted
1.2 million from the state government to
select an
artwork and as a welcome gesture to our
city I completely understand that art is
subjective and not all will like or
agree with what has been chosen I well
remember those City markers on the
outskirts of our city in three different
locations commonly referred to as the
Rusty markers they were as I remembered
hated initially but in time we came to
love them and though yes some may not
appreciate them still art is subjective
it often evokes emotion positive or
negative we've been audacious as a city
we've accepted this $1.2 million by the
state government we've been bold in
doing something different for our city
that makes us stand stand out when
people drive through they're going to
notice Burnie they're not going to drive
through the state has given us this
money to improve our city the design was
given the greatest of support of the two
choices and yes as you indicated Andy I
do like them I think they're
contemporary and I think they'll be a
welcome addition to our
city now we have another public question
from Lance glav Lance if you'd like
to no it's not here okay again over to
you would you like me to read it the
Burnie United Football Club is charged
ground higher fees for winter ground
High an additional fee per Match Day the
charge per match directly links cost to
ground maintenance provided in 2022 and
2023 our ground high costs almost
doubled this is due to being charged for
junior matches held on a Friday evening
as an additional fee no additional
ground Services have being provided
provided and indeed there is no
opportunity for additional ground
Services between a Friday night game and
those on a Saturday morning Burnie
United is a volunteer Run Sports
organization and our membership is
mostly comprised of youths from The
Burnie area the council has believe this
increase in charges is fair and
ethical well my response thank you Lance
for that is that we have policies in
place for all of our sporting
organizations across the city and we
have an amount that is paid per day for
each of these organizations that are
utilized as I understand it the bill
that you received a year ago was paid uh
but I understand that this most recent
bill um has not been acceptable to you
I'm also aware that our staff have had
several Communications with the Burnie
United Football Club you are welcome to
take that up with our GM but as I
understand it as considerable change in
the way we look at all of our sporting
groups would be needed if we were of
mind to change this process
now the next question is councilor's
Burnie Precinct voting for a new name
does council accept that the three
options offered for consideration Civic
Center Burnie Burnie Arts Museum arts
performance Burnie shorten to Maps will
one name inclusive of a Civic Center an
art gallery and half the museum on
display
one name inclusive of all three for
example Burnie Cultural Center so why
doesn't Council put to the vote a single
name that will incorporate the expansion
of the different cultural displays now
and into the
future thank you Barry
rollon I presume you weren't
here so thank you Barry for your
question look to be fair there's been a
body of work done to identify three
names that were
and correct me if I'm wrong uh general
manager how were they derived those
three
names from a working group
or so a um consultant a brand consultant
was engaged to uh work with a uh Council
working group to um
identify naming options um there has
been an extensive process that has gone
on that has included various rounds of
public consultation to
identify uh various names um it's been a
long and torturous process to get to a
point where these three options have
been put forward I'd have thought just
as an observation that Museum arts
performance Burnie actually meets the
criteria that Mr rosson has actually
identified um it is meant to represent
all three of those uh functions that
he's talked about about but at the end
of the day there's three options that
have gone forward um for the community
to provide feedback about um when that
is complete I think in a two weeks time
that'll be brought back for further
consideration all right thank you for
that Mr
jam now we have another question here by
Brandon spes Brandon spy should asked
that first no I might ask you Jamie if
you can please read that out for me and
I'll
answer would Council please provide the
total amount of the full gr allocated
for the Burnie Gateway Market project
with a full breakdown of the expenses
inclusive of public consultation
engineer and planning costs artists
commission material and other charges
relevant to this project and please
table the information at the next Burnie
council meeting in March
2024 I have no answer for that J I
suggest we take that question on
notice may I might read the second part
I understand Burnie Council can request
an extension of time on request for
state government to Grant an extension
on the deadline due to the large amount
of public interest requesting colour
changes location and also
cancellation and also cancellation with
this project and I am asking will
Council apply for this extension and if
not why not well thank you Mr Brendan
spur for your question I can't answer
that until the end of this meeting I
will know
more okay next question is Paula would
you like to take to the microphone thank
you and ask your
question um just for the general
knowledge I just like to pass this
around I believe the counselor has had a
copy of the artist's work so that's
cable you just like that
um I would like to address everybody in
the room so I would like to face the
public as well as so PA Paul I'm sorry
you'll need to speak into the microphone
because but you actually need to address
me so through me please thank you Paula
so I would like to address everybody not
just the counselors because the Public's
included in this as well I'm sorry you
actually need to address your court
questions to the mayor that's a
requirement that's a requirement I'm
quite happy to address the mayor i' just
like everybody to hear but you need to
face being asked thank you general
manager yeah but you need to face and
address the mayor that's the protocol
please the protocol is to face the mayor
and address the question to the I am
facing the mayor thank you and if you
could address the question through the
May yes and I am addressing the May
thank you very
much now attached is a photo which is
being delivered from The Advocate dated
the 21st of April
2023 displaying one of the artists
holding what what is an original
design in red and white
colouring the artist has changed from the
red and white colouring to
Yellow my question is why cannot the
artist make a change again from yellow
to
aquamarine so I'll answer that to begin
with Paula thank you for the question I
was there the day this artist made this
particular design and in actual fact he
did so within about a 30 seconds of
grabbing a few straws plopped them in it
was a very quick
process I watched it myself yes it was
red and white straws but it it was not
his design on the day it was simply for
a photo that we were taking for the
advocate so we quickly made a couple of
examples for a photo but in actual fact
it ended up being a brainchild as it
would turn out that he ended up
submitting now he when he submitted his
design the design submission was yellow
but on the day it was red and white
straw so I can answer that and your
question is why cannot the artist make a
change at the moment there is a deed
that is he's contractually obliged to
deliver his initial design so Council
have asked ghd to facilitate that
process with the artists at the moment
the contractual obligation is that the
artist deliver on the design that he had
submitted that the city has voted on and
determined at this point will be
delivered your next
question if we're open to public
discussion can we discuss that answer no
I'm sorry because we're in a public
meeting the rules of the legislation are
such that questions that have been
submitted need to be asked asked they
then answered and then we keep moving
I'm sorry it's not open to debate but
please do give us your second
question I understand a section of the
pioneer museum is going to be moved into
a newly developed area of the Civic
Center and apparently the Federal Street
display section is too delicate and
expensive to move from the current
building therefore this will mean the
Burnie Pioneer Museum will be split
between two
buildings why is it not feasible to
develop the current Museum building and
continue to house the complete Museum
displays in one
area thank you so much for your question
on that I am completely lost as to where
you've come up with this
information there is no conversation
there is no decision um I'm sorry I
don't have an answer for this because we
haven't had a conversation on this as a
council we have not made any decisions
so I'm sorry I don't have an answer for
you on
that thank you so much for asking your
questions tonight
PA I think that's the end of our public
question time now we move to questions
without
notice I have one quick question the
food and feedback session uh that was
held on Saturday seemed to be a
tremendous success are there any
indications I might ask of the GM as to
how many people we had attend that
event um so may our uh estimation is
about 1,500 people attended throughout
the course of the the day right great
thank
you any other questions all right moving
on cradle Coast Waste Management Group
extending membership to include King
isand and west coast councils thank you
councelor Keegan seconded counselor
Simpson any questions or comments okay
put that motion all those in favor
please raise your right hand thank you
that is moved
unanimously the up and atone Reserve
special committee request for this there
can I have a move it please thank you
councelor dorsy second to councelor
Lynch
cancellor dorsy
please um what I really want to do is is
thank the upper in the town Reserve
committee um I think I was on the
committee for four or five years I can't
recall but they went out there they were
the most dedicated bunch of people that
I've ever met they went out there to a
reserve they changed the they cleaned
the toilets they cleared pths they built
barbecues they looked after it like it
was their own backyard and these are
these
I I I can't praise them enough um after
the storms they went and cut trees and
they used the wood to make more PS um
and it's a real shame because this is
this is this is community and and it
it's the death of a community group that
really gave everything that they had to
the community um I'm really sorry to see
them go and I all I can never do is is
thank them for the effort that they put
in they were a fantastic group of people
who gave 120% to the city so that's
that's my comment than you councel
dorsy yeah I certainly want to re um
reiterate our gratitude to those
volunteers that not only those that have
just stepped down but those that went
before them um many people up there in
that Community been so passionate about
maintaining that Reserve looking after
it they are regularly hit with vandalism
events which is very unfortunate but the
passionate group of volunteers pull
together and are always working to
ensure that that Reserve is beautiful
for those those users that do respect
the place so yeah our deepest thanks to
those currently serving but particularly
those went that went before them right
I'll put that motion all those in favor
please raise your right hand great
that's unanimous thank you general
manager report can I have a over thank
you councelor peace second to councelor
Simpson any
questions councelor please uh just a
comment under the council meeting Action
Report uh a724 public question time uh
on occasions there are questions that
are responded to outside the meeting is
it possible that councilors could have
those copied into our portal please just
so for transparen we know what the thank
you thanks councelor please right put
that motion all those in favor please
raise your right hand thank you that's
unanimous South vany balls
Club can I have a mve for this thank you
EXC me may I just wondering Council
Collins you've previously provided a
declaration indicating you've got a
conflict of interest reviewed
that I R have reviewed that and sort of
some advice on it and basically because
I have a business that uh deals with a
lot of people around town i' have to
exclude myself out of everything but
there is no special interest in this one
for me so could you update the form
would that be okay thanks very much okay
thank thank you so I'd love a move thank
you councelor Lynch seconded councelor
Keagan is there any questions or
comments on
these yes cancel Simpson you move oh did
you move that oh sorry who oh cancel
Lynch did you wish to
speak no who was my second Keegan
no councelor korsi um as far as a
recommend Commendation i' I've got a
problem with noting the council has not
committed any funding for these purposes
currently that's Superfluous to
what it's it's just words for the sake
of words um it's if we go to where we we
commit funds then we have to talk about
that but at this point in time that we
provide the consent to the South B bows
Club to enable the club to seek grant
funding for their planned upgrade to the
building and Facilities period okay so
they're just aous words okay
second this is a great result and and I
want to thank the South Burnie bows club
for the effort that they put in and and
their dedication to saving their club
and and and trying to improve it at all
times so thank you it's it's a it's a
great
outcome okay I just want to councelor I
can you go
for yeah so having a look at this
um just a few things for
clarification the land that the South
Burnie bows Club sits on was never
gifted to the
council uh the council in 1911 and this
is pretty much here say but I'm happy to
be
corrected uh the Burnie Council in 1911
paid
£2,000 for that land so uh the idea of
the land being gifted to the council is
purely hear say uh also the suggestion
that the lands to be put aside for
public Recreation that is heay as well
as I haven't been supplied with uh any
further information to say that that is
actually correct
um unfortunately and like I said I do I
like what the South Burnie BS Club have
done uh or would like to
do my understanding is
that if everything was to go ahead for
them and their UPG grade was to cost
somewhere in the vicinity of $2.5
million it would put a cost back on the
rate pays in the vicinity of
$95,000 per year that the council would
have to keep in its
bank now unfortunately for the bows club
and and for the rers Burnie Burnie city
council is far from financially viable
and Burnie City Council does not
actually have those funds available to
be able to put aside for that so
although I do understand what South
bunie bows club would like to do and I
wish them the best of luck I could not
support this because the rate players
could not actually afford for this
project to go ahead at this point in
time this cancel counselor peace look
I'm very happy to support this as far as
I'm concerned South Burnie are a very
strong Community organization who been
there for a long time and do a pair of
work throughout the community I think as
counselors that's what we're here to do
is to support these groups as much as we
can obviously we have severe limitations
I think in this situation South Burnie
bows Club have said they aren't looking
for Council support in terms of
financially but they need down land oner
consent and that's what we're giving
here it enables them to go to the state
and federal governance and say will you
support us and if they get that support
yes there will be a cost to counsel
undoubtedly and we'll have to look at
that through our asset management
process but we are here to support
Community organizations as far as I'm
concerned and yes we have a staggered
method of actually improving increasing
the facilities of all these groups and
if someone's lucky enough to get one of
these grants well then we just have to
change our priorities a little bit but
I'm fully supportive of them I think any
strong Community organization that can
survive in these really tough
volunteering times and is probably going
from strength to strength I think
they're worthy of our support and I
certainly don't think that two competing
bows clubs could collocate I think that
would just end in an absolute
mess thanks councelor please councelor
Simpson thank you um May yeah I just
thank you David for all the words you've
just said because I think that's um you
know a feeling around the table but I
guess I just wanted to um uh say thank
you to the people of the balls club that
been coming here um as we know for the
last few months and wearing their colours
and I think it's a true Testament to the
people of our community um and our clubs
and um I'm a big supporter of the South
bie balls club and I know a lot around
here are and they're really fought for
what they believe in and what they want
and I wish them nothing but all all the
success in moving forward and thank you
for their
passion okay I'll just make a couple of
comments firstly I want to thank them
very much for waiting with us we asked
you all along the road would you please
just give us an opportunity to get
through our asset management strategy so
that we can fully assess all of the $500
million worth of Assets in our city so
that we were doing our due diligence
following good governance in that regard
so I just want to thank you the save
club concept uh I don't think I ever
doubted your Club needed saving you had
still a set year lease to be
fulfilled but I appreciate the work that
you do and I'm really glad that this
gives you now the confidence you need to
go and apply for the funding that you
seek so all the very best I'll be voting
for these okay I'll put this motion if
there isn't any other comments cancel
sorry um I was just going to wrap up and
say that I agree with those comments I'm
I'm not aware of time in my mind where
there was a danger to the South Burnie
boss Club um but it's been great to have
you here uh for the last four or five
meetings and I hope that once tonight is
through that uh you won't just cease to
come because for no other reason so
please you're welcome here at any time
um it's been great
to thank you okay I'll put this motion
all those in favor please raise your
right hand thank you uh I'll just call
those names for the record counselor
dorsy councelor peace councelor Lynch
councelor Simpson councelor grave
councelor Keegan councelor cons my
myself and those against cancor a
can Okay the next motion is a petition
to reopen discussion about the Burnie
Gateway project can I have a mover for
this petition thank you councelor dorsy
seconded councelor
Simpson councelor dorsy do you wish to
speak to this yes
um I did a few things on this actually I
think about 55% of of the people were
from Burnie but that's irrelevant to
there were however many signatures
1411 I actually whether I agree with
this or not I really appreciate it
because we're actually adding a bit of
passion to the city and I think that's
necessary we have to have people that
care we have to be have people that
fight for the city and fight for what
they believe I think and I did comment
at the time that I thought 80 votes was
not representative of anything
um but I I really appreciate this and
I'm glad you're doing this because what
I what we want to do is hear from people
now you know I think probably the best
idea I heard yet was Andrew Boyd's
translucent like the makers's workshop I
that's a cool idea but um once again we
need some passion in the city and I I
always appreciate when people stand up
and they fight for what they believe so
thank you for doing this I don't know
where this goes at this point in time
but I'm I'm very pleased that you put
the motion you've you've gone through
the effort to do this and You' you've
made your voice heard and you have made
your voice heard thank
you thanks councelor dorsy councelor
please uh I'd like to move an amendment
to the
recommendation it is quite
sizable I will pass it over
afterwards the ghd is Project
facilitators be requested to put the
gateway project on hold for a period not
exceeding 2 weeks provided this delay
will not impact the project being
delivered within the determined time
frame so that discussions between ghd
and the artists can be held regarding
Community feedback with the project once
received ghd to report the outcome from
the meeting to the working group okay so
you might get you to pass that to
Michelle so for those of you around the
table do you need me
to do you need to hear that a second
time for a seconder or is there a
seconder that amend clarification from
the
does just clarification from the general
manager because this is substantial
change to this recommendation does this
have to be a separate
motion um there's a range of problems
with the motion as currently proposed I
think one of them is it it is probably
an alternate not a not an
amendment uh the other
problem with the motion is that uh my
strong advice to council would uh be
that it needs to get legal advice about
the implication
of any delay my view is it's a potential
breach of the
contract there is no mechanism under the
current contract to actually change the
colour and the Motions it currently
stands would be ineffectual because
there's a previous Council decision that
has actually already endorsed the colour
that will be delivered that motion
doesn't overcome or doesn't uh undo the
previous Council decision which stands
which was was passed in
November uh which endorsed the uh
installation of the detailed design
submission welcome gesture by David
Hamilton and Jeff farquar still the
detailed design submission was provided
to Council in the confidential part of
the meeting it runs to some 80 pages and
it's very
clear that the design includes the colour
which is an essential element of the
artwork my view also is having recent
correspondence from the artists after
the mayor contacted them directly in the
last couple of days was to provide this
advice the colour selection is an
important aspect of the work and has
been carefully considered both
conceptually and formally as an integral
element of Welcome gesture the colour
establishes the work visually in the
site providing the necessary contrast to
the surrounds to achieve a statement
gateway to meet the requirements of the
design
brief the colour also enables the work to
to operate successfully visually
creating the appearance of movement as
Vehicles pass by which would not be
achieved with less contrasting colour the
entire premise of the work is based upon
the movement of a sweeping hand gesture
welcome the appearance of movement is
created by the repeated form and colour
as described in the detailed design the
yellow colour references the roses in the
Burnie
Gardens and has been carefully selected
to contrast against the landscape and
Sky silhouette the colour selection
distinctly stands out against the
backdrop of surrounding structures
underscoring visibility and symbolizing
positivity and energy changing the colour
will be detrimental to the work both
physically and conceptually comprising
the visual experience of Welcome gesture
and diminishing the conceptual basis of
the design presentation and context a
Paramount for the success of the work as
a statement gateway to achieve our
artistic vision for the work we maintain
the colour choice is significant and
appropriate now that was fored to me
today through
ghd it came forward because the mayor
has been directly in contact with ghd
and with the artists advising that there
would be a pause to the contract no the
artists have the artists have indicated
that they are concerned about risk of
breach of copyright uh breach of
contract and infringement of their
copyright so my very strong advice to
council is twofold one is the motion is
ineffectual in terms of what you want to
achieve because it doesn't undo the
previous Council decision and the second
bit of advice is that you need legal
advice about the implications of what
you're doing because my very grave
concern is that you will breach the
contract and leave Council liable to
significant
costs councelor gra if you have a
question in the midst of this uh am I
able to Second uh yes you can because I
am the mayor I accept the amendment that
the proposed amendment so I'm accepting
that you're welcome to Second it thank
you I'll second the amendment then so
you may speak to the amendment councelor
Dave please we have to vote to accept
yes we have to vote but we you can speak
to the amendment that's being proposed
the information that the GM has just
provided was part of the reason why I
put that Amendment up because we have a
situation where the information flow
between
both ghd and the working group and
Council has somewhere there's been a
lack of a lack of good flow of
information I believe and I'm a member
of the working group I was surprised
when it didn't come back to the group
for a detailed discussion around the
colour because I was under the
understanding albeit I'm prepared to
admit incorrectly that it was to come
back to the working group I certainly
voted for it yellow and to be honest I'm
indifferent to the colour but what I was
seeking was actually correspondents from
the artists themselves to say that the
colour that they've chosen is integral to
the design because we were not provided
that information
prior and without me putting that up I'm
not sure we would have actually found
out tonight that that was the
case I don't think it is a breach of
legal contract all we're asking is ghd
to talk to the artist there's no legal
implication with that and I've been very
careful in how I word it to make sure
that we can still complete it within the
time frame so there's no Financial
implication either so I dispute the fact
that there's a legal problem with this
motion as with this amendment as it
stands but I'm open to discussion on
this and I think one of the things
that's been really apparent to me during
this as a council we talk about
Community consultation more and more but
in this instance where we had 80
respondents we took that as being a
measure of community feeling but we've
since found out and only just recently
that that's not the
case that there is a different View and
so I think it's beholden I felt
necessary to actually voice some concern
from the community and that's why I've
put the the amendment to the
recommendation whether the artist is
prepared to change it may it certainly
appears that they won't but I'm I want
to ask that question on behalf of the
community thank you councelor p
councelor grave do you want to speak to
the proposed amendment bearing in mind
this is not the substantive as yet yeah
I sort of echo councelor pe's uh lines
there I I think as counselors I'll I'll
add we're not artists and um we we
wouldn't go to someone to ask them to
change their artwork or to change a
colour but it's the community who's
spoken and I I believe that's we're here
to represent the community and and we
take that to the artist and ask the uh
the question on behalf of the city and
and the people who've signed the the
1411 signatures who signed the petition
I I think we have to ask the question to
the artist which is in this in this new
Amendment thank you councelor grave I'm
going to speak and then I'll hand to
councelor
Keegan certainly I'm I'm very supportive
of this proposed amendment I think it
reflects what the community is asking of
us as councilors to listen to them
obviously I've I've seen over the course
of the weekend we've got strong support
for a consideration around colours I did
speak with a premere today and I have
his words on record for us as I asked
him recogn and his comments were
recognizing the fact we are in caretaker
mode and I would have to seek more
information on what is possible in the
absence of caretaker mode I'm sure we
could accommodate a degree of
flexibility with regard to the execution
of the deed and what is required under
the state government so I I felt that I
would bring that to you in this I'm
absolutely supportive of this I want to
thank the young 15-year-old that
proposed this petition she is sitting
here in our Gallery well done to you
young lady what a great effort you did
we're very proud of you but back to this
motion I'm very supportive of what is
being proposed in the amendment
councelor
kenor thank sorry I just need to for the
purpose of been absolutely clear
and doing my duty around providing
advice you can make the decision you
make but you need the advice there is a
deed that uh Burnie City Council has
entered with a state around the
funding there is a contract with the
artist and there is a contract with
ghd what I'm talking about is breaching
the contract with the artist and
breaching the contract with ghd and I
stand by my advice there is a serious
risk that you will breach the contracts
may ask clarifying questions please
councelor Keegan please thank you
firstly may we please see the
amendment we need a we have a question
around the amendment uh councilor peas
were you wanting to include the um first
two parts of the
motion with the amendment that you've
provided is that part three what you
presented thank you so we still maintain
one
two
that's Inc
consistent um no it's actually
not through you mayor may please ask so
councelor Keegan please ask your
question
no I've accepted what is being drafted
we're speaking to it now councelor ke
please ask you a question okay I have
some clarifying questions around this
amendment I just want to be clear if
this
Amendment fails the entire motion fails
and as such nothing will be done with
this petition it will not be noted it
will not be accepted Etc so I just want
to clarify that that is
correct if the amendment fails we go
back to the substantive counselor Keegan
or the
original okay okay so this is a proposed
amendment if it's
accepted given that this amendment
actually in my view has very little to
do with the acceptance of or the noting
of the petition I would like to see it
moved as an
alternate because I do agree that
if the petition asks for us to reopen
discussions around this the second part
2B says that we note or sorry 2 a says
we note and acknowledge the concerns
Part B says we are then unable to take
any additional action because of
financial reasons we then are talking
about taking said
action to address Community concerns so
it is in
actuality contradictory to the first
part two of the motion which is why I
suggest that it is not actually an
amendment but it is an alternate motion
Council PE if I can just speak to that
yes it also says nothing about the colour
no absolutely that's specific the
recommendation or the the ask from the
petition is to urge Burnie Council to
reopen discussions regarding the Gateway
project with the
residents this specifically does not
adjust that decision made that
recommendation made all it does say is
that Council through ghd has ghd engaged
with the artist around Community
concerns we know we can't we don't have
the time frame we don't have the ability
to go back to the
public that's that's not within our time
frame unfortunately sad sad as it is but
this enables ghd the question I have for
the general manager is do we have a
contract with ghd that concludes us from
asking ghd to talk to the
artist um
the point is I think you need legal
advice my view is potentially it does
put you in breach of that contract so we
have a contract with ghd that doesn't
allow us to to talk to ghd to talk to
the artist that to me is a very poor
situation no the contract the
arrangement was that those discussions
were provided
for there was feedback provided through
ghd to the artists about colour during
the process to determine whether the
artists were prepared to consider
changing the colour that was provided for
in the
agreement the Artist as is their right
because they have moral rights attached
to their artistic Works declined to make
any change to the
colour that was provided for in the
contract that is now closed that's done
and there is no mechanism in the
contract to reopen those
negotiations councelor lch then
councelor
if I can just clarify um Mr general
manager the letter you read out that
came from the artist
today so through you as I said it was
forwarded um through ghd it's it's
attributed to the artists forwarded to
me today in response to inquiries that
have been made o of them over the last
couple of days thank you cuz my
understanding is the purpose of this is
for jsd to go back and talk to the
artist now if we've just heard from the
artist then I'm I'm wondering why what
this process would reveal any
further cancel
R
uh
so thank you very much for um starting a
petition and getting 14 over 1,400
people in Burnie to actually care about
what's going on in our city for a start
um how I read this situation is we are
being asked to receive a petition that
someone has gone to a lot of effort and,
1400
people uh have decided to support that
is how I read this nothing more than we
are getting asked to accept well now
we're talking about an amendment at the
moment I'm getting to that I'm getting
to that so
so my question would be if we was to
walk down the path of an amendment Would
we not receive the petition with the
wishes of
1,400 Burnie residents on it we would
still receive the petition Council aen
it's just an additional step that we
would be taking to reflect an action
step really from the petition being
received okay if
we if we were to make an off the cuff
change right now that
did land Us in legal
trouble who would pay the legal bill
Council who pays the council the right
place okay so if we make an offthe cuff
decision yeah sorry Mrs so so if we was
to make an off-the-cuff decision right
now which landed this Council in hot
water ultimately the rate payers would
be footing the
bill correct if we were reflecting the
will of rate payers
yes any other comments around the
proposed amendment councelor Simpson
your microphone's on your first in line
yeah thank you Mr M um yeah thank you
again for the petition has been M around
the table
um and it's certainly a great one for
discussion my concern at the moment is
that the artist has already spoken and
that's what's scaring me a little bit
because they they've replied uh you know
through ghd and I don't think they're
going to budge and that's what scares me
a little bit and you know do we go this
do we risk losing it you know I love the
passion I too prefer the blue um but is
it worth
risking risking the rate payers as
Council a and as rightly said um is it
worth that risk I'm not sure uh you'll
be able to close in a moment cancer P
cancer cons and then con the concern I
have about this motion is that it is
conflicting with Part B and what's
David's proposing the second one is that
we would be breaching a contract and the
third one is we're sending a message out
there to anyone that wants to do any
business or dealings with Burnie city
council that you come along you sign a
contract and they will just break it and
walk away and say the rate payers will
foot the bill I find that unacceptable I
think the advice is there from a legally
trained GM on that basis that you walk
through this into this with open eyes
you agreed to it you signed a contract
the public quite rightly has put
pressure on they should have put the
pressure on earlier on they didn't
unfortunately great effort whatever but
to go out knowingly that you're going to
breach contractual law or any law I just
find that
unacceptable councelor
Keegan
no and now is there anyone else to speak
before councelor peace closes no I think
we all have councelor peace closing for
the amendment yes this given the
information that I've received from the
general manager which was basically what
the amended motion is asking ght to
achieve for us while I dispute the fact
that there'll be any legal implications
I do believe that the information that
we've received from the GMM tonight was
the information that I was requesting
and so in this in relation to that I can
see no point in continuing with the
motion as it stands because we have now
received the advice that we were seeking
that I was seeking anyway and I believe
just uh councelor gra was probably after
the same advice
um I think that the information the GM
has provided through ghd from the artist
is material to the to the issue and in
that respect I think the amendment
should be
withdrawn welcome to do so so yeah I I
would of course it depends on councilor
grave as well but I I can see no point
because the we've actually got the
information that I was
seeking thank you councelor peace
councelor grave are you of mind to
withdraw or do you wish to uphold uh
I'll uh agree with counselor uh p on
this um and uh basically put it out to
the artist that uh it would be great for
the artist to listen to The Burnie
community and uh our phones are on here
and the doors are open and uh emails
ready if you uh have a sudden change of
heart and uh want to make it
blue okay I'll put the substantive and
original motion that is before you with
part one one and part
two that has already hasn't it's already
been moved and seconded so given the
withdrawal of the amendment we will now
come back to the substantive which is
the receipt of the petition okay so you
may speak to that councelor Keegan thank
you um I too would like to Echo the
sentiments uh around the table um
thanking you for um starting this uh
petition for Gathering um so much
support
for uh what it is that you wanted to see
happen um that is no small feat having
1,400 people um behind you um supporting
what it is that you're you're trying to
do and I I have every appreciation um um
for that and you know for the the wishes
of um those who signed um the petition
um it is unfortunate that such a ground
swell has
arrived after a significant period of
time has passed when Council undertook
the formal Community
consultation
um I'm
reflecting on that Community
consultation
process it is not clear to
me
how else we could
have approached community in discussing
this there was significant Facebook
advertising there was um you know it was
on our social media it was you know we
ch note is actually how this um petition
started and how this ground
swell uh has come about so you know the
power of social media is very um very
significant in in gathering support or
otherwise for what it is um that Council
wants to do
um I think that I you know and I'm I'm
happy to to have alternating um views
around the table but I I do think that
there was a
wholehearted um significant and genuine
approach and effort made to engage with
Community around this um as we have seen
you know art is very subjective it is
very
controversial um and it causes people to
have very different views about what it
is um that they would like to see in
their city and you know again I thank
you for the work that you've done and
for those people who have contacted me
um and other counselors and have you
know talked about how it is that we can
do better and I I think um a significant
step forward was tAitken in our recent um
feedback and food event um I know that
considerable number of counselors around
the table um were there having 1,500
people roughly um come and engage with
Council on the different plans that we
have for our city um is quite
remarkable and I think in part um some
of that success is owed to the success
of this petition and the fact that there
is so
much
um discussion in relation to what it is
that residents want to see in our city
and I know
that regardless of the fact that we've
been unable this evening to reopen those
discussions I don't in any way shape or
form want those discussions want this to
be the end of those
discussions um and so I would really
encourage anybody in the community um to
please get in touch please come along to
Council meetings um you know please
engage with us um because as much as we
would love to be able to walk around and
knock on everyone's door or write a
letter to every single resident saying
what it is that we have planned that
it's it's simply not feasible
so understanding that we are constrained
in the ways that we can engage um I
really do encourage everybody um who
want wants to see their voice reflected
and their views reflected in the future
of our city to please please continue
this engagement with us I will speak
next thank you councelor Keegan I
bitterly disappointed the proposed
amendment did not stand this evening I
think that would have reflected the will
of our people who made a very clear
message on my own social media page to
indicate 2,000 people would have loved
the opportunity to have the colour blue
introduced I'm of the firm opinion we
were at no legal ramifications a 1 to
two we holding period whereby ghd could
have opened a conversation with the
artist there is still an opportunity
around this table before this motion
passes tonight for anyone who wishes to
move an alternate to incorporate the
opportunity for us to have that
conversation with ghd to talk to the
artist I will not not move that because
I do not wish to vacate the
chair but I would reiterate within the
quickest of opportunities on Saturday
when I determined after Community
consultation mixing with many people
down on the foreshore they indicated
this was a firm interest to them they
were very dissatisfied with yellow they
wished for blue our own table wishes for
blue the community CBD consultation
group The majority wishes for blue
21,000
people clicked on the blue image versus
19 or 18 people clicking on the yellow
image on Saturday it was only a sample
within our city of 20,000 rate payers
but my word 2,000 people chose to click
on an image to give us their feedback
and I I think we are thwarting this
opportunity right now to not at the very
least have a
conversation so I I appeal to any of you
still of mind to move an amendment to
allow and enable this conversation if we
don't have that on the table it is over
it is a yellow Gateway from
tonight are there any other speakers
counselor cons i' like to say a comment
that someone made to me today and I
mentioned it earlier on was that about
100 years ago when the Eiffel Tower was
put up someone decided that every day
they'd go and have coffee underneath it
so they wouldn't look at it because it
was a hideous thing and it should be
pulled
down in a number of years people will be
saying that that is a bold move whether
you like the colour or not that's beside
the point we commissioned someone we
went in with our eyes open as I said
earlier on and voted on this yourself
saying that everyone around this table
accept the change of colour is wrong
secondly you as may you have panicked
and you have gone around and implicated
Council in a move or attempted to make a
move and even now you're telling us to
change the motion and put up an
alternative motion to save your height
I'm sorry the advice was good advice
from the general manager a contract has
been signed someone has actually signed
a contract and you're saying no it
doesn't matter in this town we do
business the way we like and we'll tear
things up and we'll move on I'm sorry I
can't accept that everyone around this
table should have a couple of months ago
said no we don't like this we're not
going to sign this contract we've done
it and effectively we're saying if we
change this at this moment that uh we're
not very clever people we're really dumb
because we didn't really listen and we
didn't understand what we were doing at
that point in time I feel sorry for the
general manager the way you've responded
to him and his advice and I think you do
need to have make an apology to him
tonight or at another time to say that
in future you will consider his advice
rather than blanket uh you know give him
a smack and move
on councelor
Lynch uh I think there's a lot of
learnings um to come out of this so
uh We've we've leared that when we do
community consultation we we need to do
that a bit better we started doing this
in on the 16th of March I got some
advice around what happened here from
the 16th of March we started talking
about this project multiple Facebook
posts multiple YouTube things or
whatever um and the the window of voting
was from the 30th of June to the 14th of
July now could we have done that better
sounds like we probably need needed to
have done that better in light of the
petition that we we have received um as
well the purpose of the alternative and
that you asked for mayor I respectfully
suggest we know that information now the
one voice in this regardless of the
communities or ours that's going to
impact on what we're doing is the voice
of the artist and we heard that tonight
um so that we we know where he stands
going back to ask him again I
don't not sure what that that would
achieve I just hope from this when we
move on that that when Council opens a
consultation phase at at another stage
people have can have um we
somehow get that message out clearer and
and those people that have showed up
tonight and filled in this petition that
they will engage the next time I was a
little uneasy that we've had a a a due
process consultation phase as I said
16th of March through to the 14th of
July um if we were to overturn that what
does that say about the next time we
have a cons we we ask for consultation
from the community the community needs
to have some sort of faith that when we
say we are Consulting that that we are
and if we don't hear from the community
well we need to move on and and do
things so uh we need to do that better I
would respectfully suggest that those
people that have signed this petition
please somehow try to increase your
engagement as well so that when this
happens in the future we do get more
people people to um to put their views
forward so um we're here now um I'll
support the motion as it's written
thanks councel Lynch cancor
aen uh thank you Mrs mayor
um I would imagine that we have a
general manager for a reason and I would
imagine that the advice that the general
manager gives us would be correct to the
best of his
abilities
um I do think that was handled poorly
before I don't I I do understand the
passion and I love the passion I
just I think that was handled poorly and
I'm just letting you know that I as a as
a counselor and as a rap payer I would
expect that any information we are given
by the general manager that it will want
to be as correct as this person could
think
possible so just make that very very
clear um when it comes to the actual
colour choice and the Gateway markers
themselves I don't know art I don't
pretend to know art I absolutely hate
the rusty markers I absolutely hate
these chees stick looking things right I
hate it I absolutely it it the whole
thing drives me
mad
but but the alternative is if we walk
away the right players have to foot a
bill of approximately
$500,000 now as someone that represents
the rate PS and as someone who's sick to
death of paying very high
rates I couldn't care less what colour
they are so long as they do not cost me
half a million dollars on my rates Bill
thank
you thank you councelor a councelor
please uh thank you councelor a and that
was actually one little bit that I was
going to to raise because it hasn't been
mentioned tonight that if we do walk
away at this stage there is a cost to
counsel the state government won't fund
it because remember it is a state
government funded project and so we
would incur the cost to date
um
the the motion I the amendment I put up
was to seek more information essentially
from the
artist and so hearing that strong view
that has been provided through ghd to
the general manager has certainly
changed my approach to this whole topic
as I've said from the start I'm quite
ambivalent to it I I'm a bit like
councelor akan I don't really understand
art but I'm I'm happy to you know I'm
sure all said and I won't have a
reaction one way or the other to it
actually I'll probably welcome it but um
but I do want to acknowledge the
artistic uh copyright of this and so as
councilor con said we did sign a
contract for this in its current form so
it does come back to us you know if the
artist isn't willing to change then you
know that's his prerogative it is his
artistic license in a sense so I really
appreciate the community concern I don't
think we handled the the community
feedback well on this occasion and I'm
sure as Council lyncha said we will look
to improve dramatically I have already
improved dramatically um yeah look it's
it's a tough one cuz I I feel the the
sentiment from the
community thanks councelor please
councelor
dorsy well I started out by thanking the
petitioners um harness your
anger harness your anger come at us all
the time it's good it's positive thank
you harness it you know get together
make your voices heard if you
don't we just we're flying by the seat
of our pants you know and I the that we
accepted 80 people in the first place I
argued against that but we were told at
the time by our mayor that we would be
at a quarter of a million dollars if we
didn't vote for it now all of us voted
for it I think the vote was I think I
was told the other day at zip so we all
voted for we all accepted it at that
point in time but once again I would
like to see the community harness their
anger and there's and from what I
understand there's a lot of anger out
there so harness it bring it out come to
us challenge us it's good so thank
you okay I'll put this petition motion
from The Young 15-year-old in the back
thank you again all those in favor
please raise your right hand that is
unanimous thank you now there are no
non-agenda items I declare the meeting
closed at
8:12