Agenda 21 december 2015 by Devonport City Council

NOTIICE OF MEE ETING hereby giv ven that an n Ordinary y Councill meeting of the Devvonport City Councill Notice is h will be held in the e Council Chamberrs, 44-48 Best B Streett, Devonp ort, on Monday M 21 Decembe er 2015, co ommencing g at 6:30pm m. he public a at 6:30pm. The meetiing will be open to th QUA ALIFIED PERS SONS In accord dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.

Paul Westt GENERAL MANAGER R mber 2015 16 Decem

AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 21 DECEMBER 2015 AT THE COUNCIL CHAMBERS AT 6:30PM Item

Page No.

1.0

APOLOGIES ............................................................................................... 1

2.0

DECLARATIONS OF INTEREST ........................................................................ 1

3.0 3.1

PROCEDURAL............................................................................................. 1 CONFIRMATION OF MINUTES .................................................................................. 2

3.1.1

Council meeting - 23 November 2015 ......................................................................................... 2

3.2

PUBLIC QUESTION TIME ...................................................................................................................... 3

3.2.1

Responses to questions raised at prior meetings ....................................................................... 4

3.2.2

Questions on notice from the public ........................................................................................... 7

3.2.3

Question without notice from the public .................................................................................... 9

3.3

QUESTIONS ON NOTICE FROM ALDERMEN .............................................................................................. 9

3.4

NOTICES OF MOTION ..................................................................................................................... 10

3.4.1

Provision of Report - Indicative Costs - Shared Pathway - Don to Leith - Notice of Motion - Ald J T Keay (D397176) ................................................................................................. 10

3.4.2

East Devonport Corridor - Notice of Motion - Ald J F Matthews (D397882) ........................ 13

4.0

PLANNING AUTHORITY MATTERS ................................................................ 14

4.1

PA2015.0143 Permitted Matters - Community Meeting and Entertainment (MultiPurpose Building), Vehicle Parking (Multi Level Car Park), General Retail and Hire. Discretionary Matter - Utilities (Electrical Substation greater than 110KV) - 40-48 Best Street & 137-143 Rooke Street Devonport (D397331) ..................................................... 15

4.2

PA2015.0142 Permitted Matters - Food Services, Educational and Occasional Care (Cooking School). Discretionary Matters - Subdivision and Consolidation (eight titles into three), Demolition of State Listed Heritage Item (former Police House), Light Beacon (assessment against performance criteria under E2.6.2 and 22.4.2 of Airport Impact Management Code and Zone Standard (height) - 40-48 Best Street, 137-143, 145, 151 Rooke Street, 9, 13, 15-17 Oldaker Street Devonport (D397309) ........................................................................................................................................ 28

5.0

REPORTS ................................................................................................ 44

5.1

East Devonport Community Plan Review (D387576) .............................................................. 44

5.2

LIVING CITY Update - December 2015 (D396518) ................................................................... 64

5.3

State Government Contribution LIVING CITY Stage 1 (D397407) ......................................... 70

5.4

Land at 260 Steele Street, Devonport - Application from Space Learning Program - Department of Education (D397510) ..................................................................................... 75

6.0

INFORMATION ......................................................................................... 80

6.1

General Manager's Report - December 2015 (D372083)....................................................... 80

6.2

Workshops and Briefing Sessions held since the last Council meeting (D396130) ............. 93

6.3

Mayor's Monthly Report (D396949)............................................................................................. 95

7.0

SECTION 23 COMMITTEES ......................................................................... 97

7.1

Infrastructure Works and Development Committee Meeting - 14 December 2015 (D398057) ........................................................................................................................................ 97

7.2

Community Services Committee Meeting - 14 December 2015 (D398067) ..................... 103

8.0

CLOSED SESSION - CONFIDENTIAL MATTERS .............................................. 109 Out Of Closed Session ................................................................................ 110

9.0

CLOSURE .............................................................................................. 110

PAGE 1 Council meeting Agenda 21 December 2015

Agenda of an ordinary meeting of the Devonport City Council to be held at the Council Chambers, Fenton Way, Devonport on Monday, 21 December 2015 commencing at 6:30pm. PRESENT Present Chair

Apology

Ald S L Martin (Mayor) Ald A L Rockliff (Deputy Mayor) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald J F Matthews Ald L M Perry

IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Councilâ&#x20AC;&#x2122;s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Councilâ&#x20AC;&#x2122;s website for a period of six months. Members of the public in attendance at the meeting who do not wish for their words to be recorded and/or published on the website, should contact a relevant Council Officer and advise of their wishes prior to the start of the meeting.

1.0

APOLOGIES

2.0

DECLARATIONS OF INTEREST

3.0

PROCEDURAL

PAGE 2 Council meeting Agenda 21 December 2015

3.1

CONFIRMATION OF MINUTES

3.1.1 COUNCIL MEETING - 23 NOVEMBER 2015 RECOMMENDATION That the minutes of the Council meeting held on 23 November 2015 as circulated be confirmed.

PAGE 3 Council meeting Agenda 21 December 2015

3.2

PUBLIC QUESTION TIME

Members of the public are invited to ask questions in accordance with the following resolution of Council (Min Ref 5824): 1.

Public participation shall take place at Council meetings in accordance with Regulation 31 of the Local Government (meeting Procedures) Regulations 2005.

Public participation will be the first agenda item following the formal motions regarding Leave of Absence, Apologies, Minutes and Declarations of Interest.

A maximum period of time of 30 minutes in total will be allowed for public participation.

A maximum period of time of 3 minutes will be allowed for each individual.

A member of the public may give written notice to the General Manager 7 days before an ordinary meeting of Council of a question to be asked at that meeting.

A member of the public will be entitled to ask questions relating to the activities of Council, giving an explanation that is necessary to give background to the question and ask supplementary or follow up questions relating to that specific matter that may come to light as a result of the answer.

Questions do not have to be lodged prior to the meeting, whether verbal or in writing. If a verbal response cannot be given or if specifically a written response is required, the question must be reduced to writing and be submitted to the Chairperson prior to the end of the public section of the meeting.

A question by any member of the public and an answer to that question are not to be debated.

The Chairperson may a.

Address questions on notice submitted by members of the public;

Refuse to accept a question.

10.

If the Chairperson refuses to accept a question, the Chairperson is to give reason for doing so.

11.

Verbal questions and the fact that a verbal response was supplied will be recorded in the minutes and where a written question is submitted the written question will be included in the minutes as well as any written answer or summary of that answer to that question.

12.

Council will continue its current practice of receiving deputations from organisations and individuals who wish to make submissions to Council at informal workshop sessions held between Council meetings. The date and purpose of any workshop sessions will be listed in the next agenda. Where necessary, reports of those deputations will be included in future agendas for Council to make a decision.

PAGE 4 Council meeting Agenda 21 December 2015

3.2.1

Responses to questions raised at prior meetings Meeting held 23 November 2015 Reproduced below is the response dated 24 November to Mr Trevor Smith’s question: “I write in response to your questions, raised at the Council Meeting held on 23 November 2015. Question 1: “How many parking places are there in the Rooke Street car park and also the Best Street car park?” Answer: The Best Street, Pay As You Leave car park has 127 parking spaces and the Rooke Street car park has 177 parking spaces. Question 2: “What has been the revenue for the last 2 years from the Best Street car park, as well as the Rooke Street car park?” Answer: Details regarding revenue are set out in the table below: Car Park Best Street Rooke Street

2013/14 $148,395 $ 92,553

2014/15 $129,751 $101,589

2015/16 (YTD) $44,892 $45,404

Question 3: “Could you please provide me with the dates of Council meetings that have been advertised in the media in the last 2 years? Could I have the dates taken from this Council meeting?” Answer: Attached is a table which sets out the dates of all Council meetings held since 20 January 2014 (reproduced at the end of this report), together with a copy of the advertisements for your information. Meeting held 23 November 2015 Reproduced below is the response dated 30 November to Mr Bob Vellacott’s question: Please see below answers to the questions you asked at Councils’ meeting on 23 November. LIVING CITY Phase One Q1

As rate payers will effectively become the landlords of the phase one buildings what are the all ongoing costs (maintenance, insurance, security etc)? It is Council’s intention that outgoings associated with the building are distributed appropriately across all the building tenants. With LINC and Service Tasmania occupying areas of the multi-purpose building, the State Government will be responsible for a share of the ongoings. Negotiations are currently underway to determine an equitable distribution methodology. At this stage many of the operational costs associated with the building are unknown and will not be confirmed until the completion of construction. Broad estimates for the operational costs of the new buildings, the likely tenant contributions and savings from costs associated with Council’s existing office building are being factored into the draft funding model. The funding model will be provided to Council for formal consideration in the next few months.

PAGE 5 Council meeting Agenda 21 December 2015

Once the buildings are complete, maintenance contracts finalised and leases in place full details will be included in Councilâ&#x20AC;&#x2122;s annual budget. How will rate payers be insulated or insured against any losses that may be incurred? As the building owner Council will always carry a level of risk in regard to the ongoing operational costs given it is ultimately responsible. However considerable effort is being made to minimise future operational costs through actions such as selecting low maintenance building materials, analysing maintenance implications during design, robust lease agreements, independent safety and security design reviews and energy efficiency initiatives. Q2

Has Council budgeted for incentives in terms of fit outs and free rent periods to attract tenants and has this cost been factored into the financial viability studies for phase one? If yes, what is the amount? Council have an Agent working on its behalf to secure tenants. The expectation is that they will utilise any necessary standard commercial lease incentives necessary to secure the most financially viable outcome for Council. A specific budget allocation has not been made for financial incentives, but rather if necessary will be funded from the overall allocation for rental income.

Is there an existing contract or memorandum of agreement signed with Woolworths Ltd that would result in a Big W store being built on the current Council/LINC building site or near area? No, while Council has been involved in some discussions it does not have a contractual agreement with Woolworths or any other major retailer. However once the transfer arrangements regarding the LINC are finalised it is Councilâ&#x20AC;&#x2122;s intention to pursue a retail development on this site, inclusive of a large discount department store.

I note that Council hopes construction of the project will commence about April 2016. As of this date: For phase one how much of the total amount of funds of the estimated $60>$70 million required does Council have in the bank specifically allocated for the actual construction? Councilâ&#x20AC;&#x2122;s balance sheet currently contains assets to the value of $545 million of which approximately $24 million is cash. Details regarding the optimum balance for Council in regard to debt and equity allocated to the project are still being refined, however the cash contribution will most likely be in the order of $10-11 million. Does Council have an absolute guarantee that if other money is required to complete Phase one will it be available and when? Yes, Council will ensure that adequate funds will be available to complete Stage 1. A construction contract based on a guaranteed maximum price is currently being prepared which mitigates Council against any potential cost overruns. This method of contracting will allow flexibility with scope changes to accommodate any reasonable

PAGE 6 Council meeting Agenda 21 December 2015

claims for unforeseen costs. Regardless of LIVING CITY Council must always ensure adequate funding is available for any unforeseen expenses that may occur and will always ensure capacity for this within its financial planning. Q5

In view of the fact that recently much concern has been expressed about imported “dodgy” substandard and in many cases proven dangerous building materials that have not complied with the relevant Australian Standards have been used in the construction of, in particular, large projects throughout Australia. Will Council insist, so as the integrity of the buildings are not compromised, that all contracts and specifications emphatically state extra and special attention and inspections will be made to ensure all materials being used comply with the Australian Standards? Council notes your concerns and have been working closely with the design team to specify the most suitable and compliant building materials. Once the contract is awarded, an Independent Certifier will be engaged to inspect and verify construction practices in addition to the normal building surveyor role.

Meeting held 23 November 2015 Reproduced below is the response dated 1 December 2015 to Mr Douglas Janney’s question: I write in response to your questions raised at the Council meeting held on 23 November 2015: Question 1 - “At what time in the LIVING CITY Project will the following be implemented in shopping zones: 1.

40kmph speed limit?

The traffic lights operation changed so that traffic is stopped all ways and pedestrians have the road to cross squarely or diagonally

Answer: The proposed works which make up Stage 1 of LIVING CITY can proceed independent of any changes to speed limits or traffic light modifications within the Central Business District. As the development of Stages 2 and 3 occurs and the City continues to grow the need for any such changes will be monitored and implemented as and when necessary. Question 2 - Does the rent for a Fenton Villa include the rates? Answer: Tenants of Fenton Villas units pay a weekly sum to contribute towards the maintenance and outgoings for the 12 units. They pay a rental sum only and the rates are paid for by Council from income derived as a result of the rental. I trust this response answers your questions satisfactorily.

RECOMMENDATION The responses to questions at the 23 November 2015 Council meeting were noted.

PAGE 7 Council meeting Agenda 21 December 2015

3.2.2

Questions on notice from the public Mr R B Vellacott by letter dated 9 December 2015 addressed to the General Manager requested that the following Questions on Notice be answered on this meeting agenda. “LIVING CITY STAGE ONE CONSTRUCTION

Subject:-FOLLOW UP re Questions asked at Devonport City Council Meeting 23rd Nov. 2015 Dear Paul. Thank you for your prompt reply, Firstly I note: - ref. DCC Agenda 27 July Page 132:- 5.8 States that stage one is estimated to cost approximately $50 million. The Advocate 05/Sept /2015 reported that the project was worth between $60 and $70 million. Q:

What is the estimated cost that Council is now basing its deliberations on at this date or there about.

Response - Council has shortlisted three construction firms to prepare full construction tenders for Stage 1 of LIVING CITY. Upon receiving these, Council will have an accurate indication of the cost of construction. Preliminary estimates based on quantitative surveyor data and other financial projections shows the total cost of Stage 1 was likely to be $60 - $70 million. This figure includes a range of consultancy fees, finance costs and project management costs. I would appreciate if you would clarify several other points so that others and I can have a better understanding of exactly what the situation is in regard to the funding of the actual construction of stage one which it is hoped to start April 2016. I.e.:- The amount of cash that will be required to pay the building contractor. (Not the Architects, Consultants etc fee etc) Total Estimated Construction Cost

$..................

Estimated/budgeted Council/Ratepayers funds

$..................

Estimated State Government Contribution

$..................

Estimated Australian Government Contribution

$..................

Estimated Funds from other sources (If any & where from?)

$..................

Response - The detail you request is not yet finalised and is dependent on a number of outstanding factors including the construction contract sum which will not be known until tenders close and are assessed. To date the Federal Government $9.99M and the State Government’s $12M cash contributions have been acknowledged. The balance funding will be made up of both cash and loan borrowings by Council. All the information requested will be made available to the public as part of Council’s formal decision making process.

PAGE 8 Council meeting Agenda 21 December 2015

Again as at this date how much is in the bank specifically budgeted for the actual building construction; bearing in mind that council has stated in the Devonport Living City Stage update promotion booklet page 10 FAQ’S “rates will not increase to fund Living City“.

Response - The funding model will be presented to Council in early 2016. This will articulate the Council contribution, borrowings required and payment methodology for the construction of Stage 1. This information will be provided to Council as a public document and will answer your question. Your response (in part) to my Q 3 asked 23 Nov 2015 “it is Council’s intention to pursue a retail development on the current Council/LINC site once the transfer arrangements regarding the LINC are finalised” Given Council’s objective it would be appreciated if the following questions could also be answered (1)

Will the building contract for Stage One of Living City be let before the sale of any retail development site planned for the LINC site are contracted?

Response – Yes, the intention is to proceed with Stage 1 as soon as possible following the finalisation of the current tender process. (2)

Will any building contract signed for Stage One be unconditional of any future development and resultant retail tenancies on the LINC site proceeding?

Response – The building contract will relate solely to Stage 1 and not be conditional on future Stage 2 development. (3)

If the answers to questions (1) and (2) are in the affirmative and ultimately no contracts are let that would result in any building for sale and therefore no retail space for leasing, on the LINC site, what does Council propose it will do with the vacant LINC buildings? I.e. Leave vacant or demolish the building and have a green field site?

Response – Council’s intention as outlined in the Master Plan is to attract retail development on the site and Council will retain the property until this outcome is achieved. (4)

Should any future negotiations with Woolworths Ltd result in a new joint Woolworths Supermarket/Big W or similar retail precinct on the LINC site and/or other council owned sites, what consequences has Council determined in regards to the future use of the existing privately owned Woolworths supermarket complex which would become vacant and effects of the flow on financial viability of the other tenants that occupy this building and the potential rental income loss to the building’s owner.

Response – This is a hypothetical question and difficult to answer. However it should be noted that Council whilst mindful of minimising any impact on individual retailers, tenants and landlords will always act in what it believes to be in the overall best long term interests of the City.

PAGE 9 Council meeting Agenda 21 December 2015

(5)

Would the Council and therefore Ratepayers be liable for any compensation claims that may be bought by litigants covered by question (4)?

Response – Once again this is hypothetical and in our view extremely unlikely, however it is not possible to categorically answer this question one way or the other. (6)

After Council vacates their temporary offices in the former Harvey Norman building and moves in to the new complex, what is the plan for that vacant building? I.e.

Will it remain (a)

vacant until someone buys it to use as is, or develops the site? or

(b)

Will it be demolished and left as a green field site?

Response – It is Council’s long term intention to sell the property once it is incorporated into the future Stage 2 retail development and adequately tenanted. Can the answers be included in the DCC Agenda for the 21st of December Meeting? 3.2.3

Question without notice from the public

3.3

QUESTIONS ON NOTICE FROM ALDERMEN

At the time of compilation of the agenda no questions on notice from Aldermen were received.

PAGE 10 Report to Council meeting on 21 December 2015

3.4

NOTICES OF MOTION

3.4.1 PROVISION OF REPORT - INDICATIVE COSTS - SHARED PATHWAY DON TO LEITH - NOTICE OF MOTION - ALD J T KEAY File: 22006 D397176

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015, a notice of motion has been received from Alderman J T Keay.

ATTACHMENTS Nil

MOTION

“That Council Officers provide a report to Council of the indicative costs for a shared pathway linking the existing pathway at Don to the western municipal boundary at Leith, based on the most cost-effective route and outlining other issues such as land tenure, alignment within/aside rail/road corridors, utilising stock underpasses.” SUPPORT No supporting comments were provided.

OFFICER’S COMMENTS

The issue of a shared pathway stretching from Latrobe in the east to Wynyard in the west has been the subject of discussion through the Cradle Coast Authority for a number of years. When the issue was last considered by Council at its meeting on 21 December 2009 it was determined (Min 407/09 refers): That Council: 1.

agree to contribute $4,000 to a Cradle Coast Authority project to develop a Coastal Pathway Master Plan, and

develop a Master Plan for share pathways within the Devonport Municipality, incorporating all previous pathway planning into one document.

The Cradle Coast Authority commissioned Jen Evans Design & Consulting to prepare the Coastal Pathway Plan 2010 report. The Executive Summary of this report identifies that: The North West Coastal Pathway plan outlines alternatives for constructing approximately 110 km of shared walking/cycling pathway to connect the communities of the North West coast of Tasmania. The North West Coastal Pathway has the potential to deliver benefits in: 

Health and wellbeing



Environmental outcomes, particularly as an alternative transport mode, and



Tourism and the regional economy.

The report refers to the following preferred route from Turners Beach to Devonport and then from Devonport to Latrobe:

ITEM 3.4.1

PAGE 11 Report to Council meeting on 21 December 2015

Turners Beach to Devonport Location no location description T1.

A new shared path bridge is required at the Forth River. It would need to be located in-between the existing Bass Highway Bridge and the rail bridge.

T2.

The path is proposed to continue along the alignment south of the rail line and north of the Bass Highway along to the Leith underpass. Works are required at the underpass to allow for access in an easterly direction (on the southern side of the highway).

T3.

The Highway reserve is utilised for a short section through to the rail line underpass, where a suitable graded access can be created to the southern side of the rail reserve.

T4.

From here the pathway would continue (on the southern side of the rail line, in the rail reserve where possible) through to Don Hill. This alignment allows for a gentler climb to Don Hill than via a highway option. (Note the fencing to the rail reserve/line seems to be inconsistent and needs further investigation to determine extent of available space).

T5.

The path would peal off onto the west side of the Bass Highway along to the Cutts Road underpass. (Improvements are required at the underpass to address safety and security issues).

T6.

From here a marked on road cycle path is required on Cutts Road to connect to the existing shared path system of Devonport at the west banks of the Don River, (near the Sawdust Bridge).

Devonport to Latrobe Location no location description D1.

Devonport has an extensive shared path system. The NWCP would link from the proposed Formby Road elevated shared path through to and over the Mersey River Bridge.

D2.

Access would continue as an on road dedicated cycle lane along Ambleside to River Road.

D3.

A shared path section along the western bank of River Road brings the NWCP to its end at Latrobe.

An alternative was also suggested as follows: Continue along the rail corridor at Don Heads and cross the Bass Highway at Don Hill via a suspended pedestrian bridge (attached to the existing rail bridge) to the Don River. From here cross the Don River by another suspended bridge off the rail bridge and connect to the existing shared path network at Coles Beach. The estimates included in the report were as follows: T2 T3 T4, T5

T6 D4

Forth River to Leith underpass allowance for improvements to underpass Leith Leith underpass to Lillico Strait Lillico Strait to Cutts Road allowance for level crossing allowance for improvements to underpass Cutts Rd Cutts Rd to Don East Devonport Link (Victoria Bridge to Wright St) ITEM 3.4.1

$ 400,000 $ 200,000 $ 240,000 $2,200,000 $ 50,000 $ 200,000 $ 120,000 $ 200,000

PAGE 12 Report to Council meeting on 21 December 2015

D2, D3

Latrobe Link (River Road to Latrobe)

$4,800,000

Council has an adopted Bike Riding Strategy 2015-2020. Originally developed in 2010 the strategy was recently updated and reviewed by Council.

ITEM 3.4.1

PAGE 13 Report to Council meeting on 21 December 2015

3.4.2 EAST DEVONPORT CORRIDOR - NOTICE OF MOTION - ALD J F MATTHEWS File: 11990 D397882

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015, a notice of motion has been received from Alderman J F Matthews.

ATTACHMENTS Nil

MOTION

“That Council write to the State Minister for Transport, Hon Rene Hidding MP requesting that as a priority his Government provide funding for the undergrounding of the Tas Networks overhead power lines in Tarleton Street, East Devonport.” SUPPORT The undergrounding of the overhead power lines in Tarleton Street, East Devonport, the route used by the majority of visitors to Tasmania when they arrive on the Spirit of Tasmania, is in my view a priority that needs to be addressed by the State Government. Tarleton Street is essentially the “front door” to Tasmania and is in desperate need of a facelift. A major impediment to any transformation is the unsightliness of the overhead power lines in Tarleton Street. Although Tarleton Street is classified as a local government road it should be recognised by the State Government as an extension of the State Highway due to it being the prime link between the Spirit of Tasmania Ferry Terminal and the Bass Highway.

OFFICER’S COMMENTS

In the past an indicative cost of undergrounding the overhead power lines in Tarleton Street has been estimated at around $1.5 million.

ITEM 3.4.2

PAGE 14 Report to Council meeting on 21 December 2015

4.0

PLANNING AUTHORITY MATTERS

The Mayor will now announce that Council intends to act as a Planning Authority under the Land Use Planning and Approvals Act 1993 for the consideration of Agenda Items 4.1 to 4.2. Council is required by Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2005 to deal with items as a Planning Authority under the LUPA 1993 in a sequential manner. The following items are to be dealt with at the meeting of Council in its capacity as a Planning Authority. 4.1

4.2

ITEM 4.0

PAGE 15 Report to Council meeting on 21 December 2015

4.1

PA2015.0143 PERMITTED MATTERS - COMMUNITY MEETING AND ENTERTAINMENT (MULTI-PURPOSE BUILDING), VEHICLE PARKING (MULTI LEVEL CAR PARK), GENERAL RETAIL AND HIRE. DISCRETIONARY MATTER - UTILITIES (ELECTRICAL SUBSTATION GREATER THAN 110KV) - 40-48 BEST STREET & 137-143 ROOKE STREET DEVONPORT File: 31693 D397331

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1

Ensure the City's Planning Scheme supports local community character and appropriate land use.

Strategy 2.1.2 Provide high quality, consistent and responsive development assessment and compliance processes

SUMMARY The purpose of this report is to enable Council acting as a Planning Authority to make a decision regarding planning application PA2015.0143.

BACKGROUND Planning Instrument: Applicant: Owner: Proposal:

Existing Use: Zoning: Decision Due:

Devonport Interim Planning Scheme 2013 Devonport City Council Devonport City Council Permitted Matters - Community Meeting and Entertainment (multi-purpose building), Vehicle Parking (multi-level car park), General Retail and Hire. Discretionary Matter - Utilities (electrical substation greater than 110kv) Council administration building and public car park Central Business 24/12/2015

SITE DESCRIPTION The multi-purpose building and car park are proposed at 137-143 Rooke Street and 40-48 Best Street respectively and form part of Stage 1 of the LIVING CITY Project. The subject land comprises three titles which are to be consolidated with the other relevant land parcels to form the LIVING CITY precinct boundary for this stage. These land boundary matters, which are integral to Stage 1, are to be simultaneously considered by the Planning Authority. (PA2015.0142) Figure 1 provides an aerial perspective of this part of Stage 1 looking eastward to the Mersey River. The red outline depicts the boundary of the subject land that contains the existing car park and the Council administration centre building.

ITEM 4.1

PAGE 16 uncil meeting on o 21 Decemb ber 2015 Report to Cou

Figure 1 - P Photo source e: DCC Archive Janua ry 2013

APPLICATIO ON DETAILS This applic cation generally contains fou ur identified d land use es as defin ned in the e planning g scheme. These are community meet ing and entertainm e ent, vehic cle parking g, generall retail and hire and utilities. u The partic cular activ vities to be e undertakken that fitt into or arre ancillaryy to these land usess include: purpose civ vic building g housing: A four storrey multi-p    

A LINC facilitty, Service e Tasman nia, an ancillary ca afé, amen nities and d a large e com mmunity foy yer on the ground flo oor; A LIN NC facility and meetiing rooms on the firstt floor; Council officess and mee eting roomss on the se econd floorr An 8 800-900 sea at conferen nce facilityy on the th hird floor.

A multi-lev vel car parrk housing      

530 sspaces ove er 3 levels; A tw wo storey re etail outlet;; Public amenitie es; Council storag ge facilities; End of ride fac cilities; A po ower substa ation.

The plann ning appliication submission tthat is appended to this rep port (Attac chment 1) provides c commenta ary on the e relevant planning scheme s zo one and c code stand dards thatt apply. TThe plans will be tabled if rrequired although a it i should be noted d that the e discretionary compo onent only y relates to a small arrea of the multi-level m car park building. b ITEM 4.1

PAGE 17 Report to Council meeting on 21 December 2015

In summary these matters have been examined and nothing else has been identified that warrants further planning consideration.

PLANNING ISSUES The land is zoned Central Business under the Devonport Interim Planning Scheme 2013 (the Scheme). This document sets out the requirements for use or development of land in accordance with the Land Use Planning and Approvals Act 1993. It separates the Scheme into two components - the maps which show how land is zoned and the ordinance that sets out the provisions that apply to use or development of the land in that zone. The following table reproduced in part from the application includes the land use classes and their status in the Central business zone (CBD) of the Scheme. Use Class

Status in CBD zone

Commentary

Community meeting and Permitted use entertainment (including ancillary cafĂŠ)

The prescriptive development standards of the zone and codes satisfy the Acceptable Solutions and no discretionary elements have been identified for further assessment against the Performance Criteria.

Vehicle parking

Permitted use

The development standards of the zone and relevant codes satisfy the Acceptable Solutions and no discretionary elements have been identified for further assessment against the Performance Criteria.

General retail and hire

Permitted use

The development standards of the zone and relevant codes satisfy the Acceptable Solutions and no discretionary elements have been identified for further assessment against the Performance Criteria.

Utilities

Discretionary use

This use is discretionary because the power supply is greater than 110Kv. This electrical sub-station is located within a 50m2 enclosure on the ground floor of the car park structure.

In general terms the only discretionary component to this application containing the multipurpose building and multi-storey car park is the power supply (utilities). The electricity power supply to any development is treated as an essential infrastructure component and usually deemed ancillary to the dominant development. However in this instance the Scheme quite clearly indicates the threshold that separates minor utilities for power supply to an insubstantial development from a more substantial requirement for a large scale development.

ITEM 4.1

PAGE 18 Report to Council meeting on 21 December 2015

COMMUNITY ENGAGEMENT On 12/11/2015, Council received an application for the above development. Under Section 57(3) of the Land Use Planning and Approvals Act 1993, the Planning Authority must give notice of an application for a permit. As prescribed at Section 9(1) of the Land Use Planning and Approvals Regulations 2014, the Planning Authority fulfilled this notification requirement by: (a)

Advertising the application in The Advocate newspaper on 21/11/2015;

(b)

Making a copy of the proposal available in Council Offices from the 21/11/2015;

(c)

Notifying adjoining property owners by mail on 20/11/2015; and

(d)

Erecting the site notices for display from the 20/11/2015.

The period for representations to be received by Council closed on 07/12/2015. The application has been subject to extensive publicity at various pre-application forums. Council’s website also contained the particulars of the proposal for the public to view and make formal comment as they thought appropriate during the required public scrutiny period required under the Act.

REPRESENTATIONS No representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. This process includes a newspaper advertisement, appropriately placed site notices, advice to adjoining owners and full details on Council’s website.

DISCUSSION The identified codes that are applicable were examined for compliance against the relevant Acceptable Solutions. These Codes were the Airport Impact Management Code, Hazard Management Code and the Traffic Generating Use and Parking Code. These reports are contained in the bundle of application documents and after assessment are deemed to satisfy the Acceptable Solutions of the relevant standards. All the relevant matters satisfied the Acceptable Solutions. The only planning consideration is whether the Utilities use meets the Use Standards of the CBD zone in the Scheme. The relevant Performance Criteria indicate that a Discretionary permit use must: (a)

Be consistent with local area objectives;

(b)

Be consistent with any applicable desired future character statement for the zone; and

(c)

Be required to service requirements of the local, municipal or regional residential and visitor population

The Local Area Objectives and Desired Future Character Statements are reproduced below from the Scheme. Local Area Objectives (a)

provide a large –scale activity centre offering a comprehensive mix of services of a type and range to meet the routine needs of local residents and the specialist needs of local, district, regional or sub-regional population and visitors to the Cradle Coast Region;

ITEM 4.1

PAGE 19 Report to Council meeting on 21 December 2015

(b)

Central business areas make efficient use of land and optimise available infrastructure through a priority for infill and redevelopment and adaptive re-use of existing sites and buildings; and

(c)

Central business areas offer a significantly wider range of general and specialist merchandise and services, including refreshment and entertainment options, civic and cultural functions, and employment opportunities, than are available in a local or district centre.

Desired Future Character Statements Use or development for central business purposes (a)

support function as a regional focus for the majority of specialist retail, professional, community, personal, entertainment, hospitality, civic, cultural and visitor service activity;

(b)

provide convenient arrangements for pedestrian and vehicular access and circulation;

(c)

Is not required to be comparable with use or development on adjacent land in another zone;

(d)

has a potential to transition abruptly at the boundary with an adjoining zone; and

(e)

Is likely to impact on the amenity of use or development on adjacent land through factors associated with the operational characteristics of permitted use, including higher traffic volumes, duration and frequency of activity, the type, form and scale of buildings, provisions for vehicle parking, the presence and movement of people, extended or intermittent hours of operation and a readily apparent visual or functional presence within an urban setting.

It is submitted that this utility is essential for the LIVING CITY project to develop and the required objectives and character statements are deemed to be satisfied.

FINANCIAL IMPLICATIONS No financial implications are predicted unless an appeal is lodged to the decision that may result in the Resource Management and Planning Appeal Tribunal determining the application. Legal costs and delays cannot be quantified at this stage.

RISK IMPLICATIONS No or little risk is predicted with this proposal from a planning permit consideration.

CONCLUSION The application has been assessed and directed to various entities for their comments and consideration. The relevant responses have been formed into conditions and notes as appropriate. The only discretionary component is justified as an integral part of the larger development and the application is recommended for approval. The final recommendation also includes conditions applicable to the permitted components of the development.

ATTACHMENTS 1.

Planning Application Submission - PA2015.0143 - LIVING CITY

ITEM 4.1

PAGE 20 Report to Council meeting on 21 December 2015

RECOMMENDATION That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 and Section 58 and of the Land Use Planning and Approvals Act 1993, approve application PA2015.0143 and grant a Permit to use and develop land identified as 40-48 Best Street & 137-143 Rooke Street, Devonport for the following purposes: 

Permitted Matters - Community Meeting and Entertainment (multi-purpose building), Vehicle Parking (multi-level car park), General Retail and Hire.



Discretionary Matter - Utilities (electrical substation greater than 110kv)

Subject to the following conditions: 1.

Unless requiring alteration by subsequent conditions of this permit the use and development is to proceed generally in accordance with the (a)

submitted plans referenced as Devonport LIVING CITY – Stage 1, Job No DL02 dated 01/10/15 Revision T1 by Lyons Maddison Birrelli copies of which are attached and endorsed as documents forming part of this Planning Permit;

(b)

the recommendations of the Preliminary Environmental Site Assessment by Environmental Service and Design, Project No. 5247; and

(c)

the conclusions of the Pitt & Sherry Traffic Impact Assessment for Stage 1, as revised on 03/11/15.

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

The developer is to decommission any existing underground tanks located during construction in accordance with the Environmental Management & Pollution Control (Underground Petroleum Storage Systems) Regulations 2010. Any further tanks located will require soil sampling is to be undertaken to ensure contamination is minimised.

The developer is to comply with the conditions contained in the Submission to Planning Authority Notice which TasWater has required to be included in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008.

The developer is to submit fully detailed civil construction drawings to Council’s City Infrastructure and Works Department for approval prior to or at the time of the building and plumbing permit application. This includes: (a)

Details of any modifications to the vehicular access points along the site frontages where required; and

(b)

Details and modifications to the hydraulic services including the sizing and location of stormwater connections to Council’s infrastructure.

Author: Position:

Shane Warren Planning & Environmental Coordinator

Health

Endorsed By: Position:

ITEM 4.1

Brian May Development Manager

PAGE 21 Planning P App plication Subm mission - PA2 2015.0143 - LIIVING CITY

ITEM 4.1

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4.2

PA2015.0142 PERMITTED MATTERS FOOD SERVICES, EDUCATIONAL AND OCCASIONAL CARE (COOKING SCHOOL). DISCRETIONARY MATTERS - SUBDIVISION AND CONSOLIDATION (EIGHT TITLES INTO THREE), DEMOLITION OF STATE LISTED HERITAGE ITEM (FORMER POLICE HOUSE), LIGHT BEACON (ASSESSMENT AGAINST PERFORMANCE CRITERIA UNDER E2.6.2 AND 22.4.2 OF AIRPORT IMPACT MANAGEMENT CODE AND ZONE STANDARD (HEIGHT) - 40-48 BEST STREET, 137-143, 145, 151 ROOKE STREET, 9, 13, 15-17 OLDAKER STREET DEVONPORT File: 31692 D397309

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1

Apply and review the Devonport Interim Planning Scheme as required to ensure it delivers local community character and appropriate land use

Strategy 2.1.2 Provide high quality, consistent and responsive development assessment and compliance processes

SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2015.0142.

BACKGROUND Planning Instrument: Applicant: Owner: Proposal:

Existing Use: Zoning: Decision Due:

Devonport Interim Planning Scheme 2013

Devonport City Council Devonport City Council, Merseybank Investments Pty Ltd Permitted Matters - Food Services, Educational and Occasional Care (cooking school) Discretionary Matters - Subdivision and consolidation (eight titles into three), demolition of State listed heritage item (former police house), light beacon (assessment against performance criteria under E2.6.2 and 22.4.2 of Airport Impact Management Code and zone standard (height)) Part retail, part entertainment centre Central Business 24/12/2015

SITE DESCRIPTION This part of stage one of the LIVING CITY Project comprises eight titles and includes the land previously housing the Devonport Police Station, the auction house (formerly Repco), the old Courthouse and part of the laneway attached to 9 Oldaker Street that is adjacent to the northern side of the Devonport Entertainment Centre Complex. The consolidation of the titles also includes the land to be developed as the multi-purpose building and multi-level car park. This application consisting of the food pavilion building is an integral

ITEM 4.2

PAGE 29 uncil meeting on o 21 Decemb ber 2015 Report to Cou

part of th he overall site development in ncluding th he multi-purpose bu uilding and d car park k (PA2015.0 0143) that is to be sim multaneoussly considered by the e Planning A Authority. Figure 1 p provides an a aerial perspective p e of Stage e 1 looking g southwarrd towardss the Mall.. The red outline de epicts the entire bo oundary of o Stage 1 and inc cludes the e previouss ding still vissible in the foreground. The exiisting LINC building iss Devonporrt Police Sttation build the angular shaped d polygon n to the w west of the e former police statio on with th he Councill Administra ative Centre directly behind it tto the soutth.

Figure 1 - P Photo source e: DCC Archive Janua ry 2013

APPLICATIO ON DETAILS This appliication prrimarily co onsists of the food pavilion and markket square e building g compone ent of this stage of the t LIVING G CITY. Inttegrated with w this is the subdivision and d consolida ation of land and th he demoliition of the former Police ho use behind the old d courthousse building g. This ha as triggere ed the co onsideration n of the TTasmanian n Heritage e Council. The prop posed icon nic light be eacon situ uated in market m squ uare completes the e applicatio on packag ge for this part p of Stag ge 1. The food pavilion co onsists of fiv ve perman nent tenan ncies, an educationa e al compon nent and a large und dercover area a capa able of be eing config gured for various v fun nctions. Th he markett square ca an be use ed as an outdoor o exxtension of o the food d pavilion and adjacent civic c buildings a as well as for f passive e recreation n and social inclusion n activitiess. The plann ning appliication submission tthat is appended to this rep port (Attac chment 1) provides c commenta ary on the e relevant planning scheme s zo one and c code stand dards thatt apply. TThe plans will be tabled if rrequired although a it i should be noted d that the e discretionary compo onents do not includ de the build ding form of o the food d pavilion. plication ha as been exxamined and a nothing g else has been iden ntified thatt In summary the app nning conssideration. warrants ffurther plan

PLANNING ISSUES The land is zoned Ce entral Busin ness underr the Devonport Interrim Plannin ng Scheme e 2013 (the e Scheme). This doc cument setts out the requireme ents for usse or deve elopment of land in n accordan nce with the t Land Use Plann ning and Approvals Act 19933. It sepa arates the e ITEM 4.2

PAGE 30 Report to Council meeting on 21 December 2015

Scheme into two components - the maps which show how land is zoned and the ordinance that sets out the provisions that apply to use or development of the land in that zone. The following table reproduced in part from the application includes the land use classes and their status in the Central business zone (CBD) of the Scheme. Use Class

Status in CBD zone

Commentary

Food Services

Permitted use

The prescriptive development standards of the zone and codes satisfy the acceptable solutions and no discretionary elements have been identified for further assessment against the performance criteria. The particular details of the food premises to satisfy the Food Act 2003 can be submitted for consideration with the Building and Plumbing Permit applications.

Educational and occasional Permitted use care

The development standards of the zone and relevant codes satisfy the acceptable solutions and no discretionary elements have been identified for further assessment against the performance criteria. The particular details of the food premises to satisfy the Food Act 2003 can be submitted for consideration with the Building and Plumbing Permit applications.

The other components of the development that are defined land uses are covered by other provisions of the Scheme. Details of these are commented on below. Item to be addressed

Status in the CBD Commentary zone/code or other administrative provision

Subdivision and consolidation

Discretionary

ITEM 4.2

The subdivision component deals with the division of approximately 20m from the privately owned laneway on the northern side of the Entertainment Centre Complex. This portion that generally is located behind the former Repco building will be joined to the remaining freehold titles to form one consolidated land parcel. The boundary of this is outlined in Figure 1. The acceptable solutions of the zone standards relating to lot suitability have been satisfactorily

PAGE 31 Report to Council meeting on 21 December 2015

demonstrated. However the specific standard for subdivision of land in the CBD zone relies upon the performance criteria and each new lot must be for a purpose permissible in the zone. This is deemed to be satisfied. Demolition

Discretionary

Generally this is deemed a permitted aspect if part of another development. However in this instance the demolition involves the removal of the former police house which is situated on a property with State heritage significance (former town hall and court house). The Tasmanian Heritage Council has a mandate to consider this aspect and their response has been included in the final recommendation.

Light beacon

Discretionary

Two discretions are attached to this proposal. Firstly the height exceeds the threshold of 25m in the CBD zone. This standard normally functions with building height and the performance criteria rely upon minimising the effects of unreasonable over-shadowing from a building and its scale against existing streetscape qualities. The proposed monopole type structure is not considered to unreasonably overshade adjoining land or fetter any recognised streetscape qualities because of its location. The discretion of some significance that is particularly height related is concerned with the Airport Impact Management Code. This Code applies to development within or beneath operational airspace and requires any structure or building penetrating the 15m Obstacle Limitation Surface to have the airport operatorâ&#x20AC;&#x2122;s advice that it does not adversely affect safety and function of the airspace or aviation facility. The Devonport Airport Manager has assessed the proposal and determined that the 34.4m high structure above sea level is acceptable. It is submitted that this satisfies the performance criteria.

ITEM 4.2

PAGE 32 Report to Council meeting on 21 December 2015

Advertising the application in The Advocate newspaper on 21/11/2015;

(b)

Making a copy of the proposal available in Council Offices from the 21/11/2015;

(c)

Notifying adjoining property owners by mail on 19/11/2015; and

(d)

Erecting a Site Notice for display from the 20/11/2015.

DISCUSSION The site was subject to other studies and these were also examined for compliance against the relevant zone and code standards of the Scheme. They have been included with the submission for PA2015.0143. These included assessment against the Hazard Management Code and the Traffic Generating Use and Parking Code. These reports are contained in the bundle of application documents and after examination have satisfactorily demonstrated compliance against the acceptable solutions of the relevant standards. In regard to the specific discretions of this application the matters to consider have been virtually addressed by other legal entities that were recognised to have a prescribed function in the assessment process. These are detailed as follows: 1.

Demolition – The Tasmanian Heritage Council have granted conditional approval to the application. Their response has been included in the final recommendation.

Light Beacon height – The penetration of this into the Obstacle Limitation surface required the Airport manager to be satisfied that the development will not affect aviation facilities or airspace. Consent has been granted.

Subdivision – The performance criteria rely upon the final consolidation of the eight titles to be for a purpose permissible in the zone. The Community meeting and entertainment, vehicle parking, Educational and occasional care, Food services and General retail and hire are all permissible uses in the CBD zone and is deemed to satisfy this standard.

PAGE 33 Report to Council meeting on 21 December 2015

RISK IMPLICATIONS No or little risk is predicted with this proposal from a planning permit consideration.

CONCLUSION The application has been assessed and directed to various entities for their comments and consideration. The relevant responses have been formed into conditions and notes as appropriate. The three identified discretionary components have been appropriately assessed by the relevant entities and the positive responses received support the application and justify the recommendation for approval. The final recommendation also includes conditions applicable to the permitted components of the development.

ATTACHMENTS 1.

Planning Application Submission - PA2015.0142 - LIVING CITY

RECOMMENDATION That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 and Section58 of the Land Use Planning and Approvals Act 1993, approve application PA2015.0142 and grant a Permit to use and develop land identified as 40-48 Best Street, Devonport for the following purposes: 

Permitted Matters - Food Services, Educational and Occasional Care (cooking school)



Discretionary Matters - Subdivision and consolidation (eight titles into three), demolition of State listed heritage item (former police house), light beacon (assessment against performance criteria under E2.6.2 and 22.4.2 of Airport Impact Management Code and zone standard [height])

Subject to the following conditions: 1.

Unless requiring alteration by subsequent conditions of this permit the use and development is to proceed generally in accordance with the: (a)

(b)

the recommendations of the Preliminary Environmental Site Assessment by Environmental Service and Design, Project No. 5247;

(c)

the conclusions of the Pitt & Sherry Traffic Impact Assessment for Stage 1, as revised on 03/11/15; and

(d)

the terms and conditions of the Tasmanian Heritage Council.

PAGE 34 Report to Council meeting on 21 December 2015

The developer is to submit the required Form 42 from the nominated Building Surveyor and other associated documents with the Building and Plumbing Permit Application.

The developer is to submit fully detailed civil construction drawings to Councilâ&#x20AC;&#x2122;s City Infrastructure and Works Department for approval prior to or at the time of the building and plumbing permit application. This includes:

(a)

Details of any modifications to the vehicular access points along the site frontages where required; and

(b)

Details and any modifications to the hydraulic services including the sizing and location of stormwater connections to Councilâ&#x20AC;&#x2122;s infrastructure.

The developer is to comply with any conditions imposed by the Tasmanian Heritage Council in relation to the removal of the former Police house which has State Heritage significance.

Author: Position:

Shane Warren Planning & Environmental Coordinator

Health

Endorsed By: Position:

ITEM 4.2

Brian May Development Manager

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ITEM 4.2

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5.0

REPORTS

5.1

EAST DEVONPORT COMMUNITY PLAN REVIEW File: 29104 D387576

RELEVANCE TO COUNCILâ&#x20AC;&#x2122;S PLANS & POLICIES Councilâ&#x20AC;&#x2122;s Strategic Plan 2009-2030: Strategy 4.7.2

Encourage and provide information and opportunities for active participation in community life

SUMMARY To present the reviewed East Devonport Community Plan to Council for endorsement.

BACKGROUND Council adopted the East Devonport Community Plan 2014-2019 at its meeting held 17 February 2014 (Min 35/14).

STATUTORY REQUIREMENTS Development of this project through community engagement and collaboration is in accordance with Section 20 of the Local Government Act 1993; 20.

Functions and powers (1)

(2)

In addition to any functions of a council in this or any other Act, a council has the following functions: (a)

to provide for the health, safety and welfare of the community;

(b)

to represent and promote the interests of the community;

(c)

to provide for the peace, order and good government of the municipal area.

In performing its functions, a council is to consult, involve and be accountable to the community.

DISCUSSION The purpose of the reviewed East Devonport Community Plan is to provide a strategic approach to meeting the changing and diverse needs of the East Devonport community, as well as enhancing its economic, social, cultural, and environmental sustainability. This plan continues to build on actions delivered under the superseded Devonport Eastern Shore Project Urban Design Framework. The Plan provides a clear framework to ensure that the East Devonport community has access to a broad range of services and facilities, building on previous community undertakings to build a vibrant and sustainable community. Short, long and medium term actions are outlined to meet the following strategic objectives and outcomes: 1.

Increased access and availability of transport services;

Beautification which fosters a sense of place through planned infrastructure and enhanced landscaping;

Increased economic viability;

ITEM 5.1

PAGE 45 Report to Council meeting on 21 December 2015

Enhanced visitor experience, services, signage, information and presentation to Tourists;

Improved use of existing recreational facilities and increased health and well-being outcomes;

Increased participation and engagement of young people, in decision making, facilities and activities;

Support quality of life and healthy living through affordability of fresh food;

Increased awareness of existing services, and advocacy for improved services;

Increased sense of safety in public areas through developing a vibrant sense of place;

10.

Enhanced engagement and local decision making via the East Devonport Special Interest Group.

The East Devonport Special Interest Group will support the implementation of the Plan. Review of objectives will occur on an annual basis and align with Council Annual Plan and Estimates process, ensuring the allocation of resources to achieve the objectives is considered on an ongoing basis alongside a range of competing priorities of the Community.

COMMUNITY ENGAGEMENT Sustained community engagement has occurred with the East Devonport Special Interest Group who support and oversee the delivery of the East Devonport Community plan 20142019 and who are the conduit between Council and the East Devonport neighbourhood. In addition extensive community engagement occurred during the development of the East Devonport Community Plan.

FINANCIAL IMPLICATIONS 2015-2016 priority actions identified in the strategy are delivered from Council’s allocated operational and capital budget for 2015/2016. It should be noted that some priority action can only occur if a line of grant funds is secured by Council or the responsible organisation. Priority Operational Expenditure Items: 

East Devonport Community Public Art Project; and



Renew Devonport.

Priority Capital Expenditure Items: 

Wi-Fi Hotspot Retail Precinct;



East Devonport Bike Safety Park development;



Julie Burgess Information and Interpretation Signage;



Pioneer Park Ablution Block Replacement; and



Community Garden.

ITEM 5.1

PAGE 46 Report to Council meeting on 21 December 2015

RISK IMPLICATIONS 

Reputation Council will mitigate reputational risks by continuing to work in partnership with the East Devonport Special Interest Group and other relevant organisations to progress the agreed and community determined strategic actions.

CONCLUSION The recommendation provided to Council is to approve the review of the East Devonport Community Plan 2014-2019 which identifies strategic actions to deliver agreed community priorities.

ATTACHMENTS 1.

East Devonport Community Plan Review - FINAL

RECOMMENDATION That the reviewed East Devonport Community Plan 2014 – 2019 be endorsed.

Author: Position:

Brooke de Jong Community and Development Manager

Cultural

Endorsed By: Position:

ITEM 5.1

Shane Crawford Executive Manager Corporate, Community & Business Services

PAGE 47 East E Devonpo ort Communiity Plan Revie ew - FINAL

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5.2

LIVING CITY UPDATE - DECEMBER 2015 File: 27122 D396518

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.4.1

Develop and implement a CBD Master Plan aligned to the key LIVING CITY principles based on community engagement outcomes

SUMMARY This quarterly report provides an update to Aldermen and the community on the current status of LIVING CITY.

BACKGROUND LIVING CITY is an urban renewal project that will transform Devonport and revitalise Tasmania’s North West Region. Council adopted the LIVING CITY Master Plan in September 2014. The Plan is underpinned by key principles which involve creating the following distinct precincts within the CBD: 1.

Retail Precinct linking the existing shopping centres and preventing further fragmentation;

Business and Professional Services Precinct giving purpose to the Southern CBD; and

Cultural Waterfront Precinct opening the City up to the river and creating a new City heart.

An independent regional benefits study undertaken on the LIVING CITY Master Plan concluded that the strategy will result in: 

2,943 direct and indirect construction job years;



830 direct full time jobs once operational and significantly more indirect jobs;



$650M in construction phase economic multiplier effects;



$112M annually in additional output to the North West region.

With the planning phases complete, the focus has now moved to implementation of the plan. Implementation will be multi-faceted, with sub-projects progressively rolling out over the next decade and beyond. Council has entered into a four year agreement with Projects and Infrastructure Holdings (P+i) to act as Development Managers and assist with the implementation. Quarterly reports are provided to Council to keep Aldermen and the community updated on progress.

STATUTORY REQUIREMENTS The predominant legislation to which Council must comply in undertaking LIVING CITY is the Local Government Act 1993.

DISCUSSION With the adoption of the LIVING CITY Master Plan the focus of LIVING CITY is now firmly on the execution and implementation of the Plan. Key activities in recent months have concentrated on ensuring the progression of Stage 1. ITEM 5.2

PAGE 65 Report to Council meeting on 21 December 2015

Stage 1 Design – The design team has finished the detailed design of the multi-purpose building, food pavilion, market square and multi-storey car park. The design team has been led by Council’s architects, Lyons with Birrelli and Maddison and various engineering, landscape and environmental sub-consultants. The design is sufficiently advanced to a level which has enabled construction tenders to be sought. The final stage of design, to produce the final construction documents will be novated to the appointed construction firm for completion. State Government Funding Contribution – The State Government has announced a $13M package towards the LIVING CITY project. The announcement, by the Deputy Premier, Hon. Jeremy Rockliff on 10 December comprises a cash contribution, fitout of State managed spaces and a land contribution. Specifically the State Government has committed to a $10M contribution to Council for the new multi-purpose building and $2M for the fit out of the new LINC and Service Tasmania. The land transfer is of the existing LINC site on Oldaker Street, valued at $1M, which will make way for the planned retail development in Stage 2 of LIVING CITY. This item is the subject of a separate report within the agenda. Federal NSRF Grant Agreement – Negotiations were concluded and the contract for the Federal Government grant of $9.99M towards stage 1 of LIVING CITY has been formally signed by both parties. Conference Centre Operator – An expressions of interest process resulted in Council selecting City First as the preferred operator of the conference facilities to be built as part of Stage 1. Discussions commenced with a view to explore an operational model which was in the best interests of both City First and Council. Following several months of discussions it has been agreed that City First will not operate the convention centre, with Council better placed to undertake this role, initially using its existing Devonport Entertainment and Convention Centre resources. Art Gallery and Small Performing Art Space – In line with Council’s resolution, Birrelli Architects were engaged to undertake a high level feasibility review of incorporating the Devonport Regional Gallery and an intimate performing arts space into the Devonport Entertainment and Convention Centre. A draft design is currently being workshopped with key stakeholders for comment, with a public release likely early in 2016. LIVING CITY Reference Group – The LIVING CITY Reference Group was established to assist Council in progressing the implementation of the adopted Master Plan and has involved information sharing, advocacy, project advice and feedback. The minutes of the fourth meeting, held on 18 December will be presented to Council at its January meeting. Food Pavilion – Meetings have been held with a variety of potential tenants and stakeholders in the food pavilion and associated food education facility. A successful “meet and greet” was held with food producers on 7 December, introducing potential market tenants to the projects. Agreements with the key permanent tenants are continuing to be negotiated. 74 Rooke Street Purchase – Council has secured ownership of the property at 74 Rooke Street Devonport. This site, which is located at the northern end of Harris Scarfe is the last strategic property required to develop the LIVING CITY Master Plan. The property is fully tenanted and the intention is for the tenants to remain until the site is required for development. Construction Tender Released – The construction tender has been released as a two stage process with Council shortlisting suitably qualified contractors in October, following the initial expression of interest process. It is expected that Council will determine the ITEM 5.2

PAGE 66 Report to Council meeting on 21 December 2015

preferred contractor early in 2016. This first construction contract will be a significant boost to the local economy with independent analysis demonstrating that 830 direct and 2,000 indirect jobs will be created by the construction of the LIVING CITY project. Council has identified the significance of the contract to the local economy and has included local content as a criterion for evaluating the tenders received. Probity Advisor – Council engaged Page Seager Lawyers as probity advisors for the contractor selection process. Given the value of the construction contract, Council is taking this step to provide an extra level of confidence in ensuring a fair and equitable selection process. Development Application – The development applications for Stage 1 were lodged in November. The applications were publicly advertised for a two week period closing on 7 December and a separate report to the Planning Authority appears on this agenda. Future Progress – The next three months will see the continued focus on Stage 1 of LIVING CITY. During the next three months, the following major milestones are expected to be completed: 

Appointment of construction contractor;



Agreements advanced with permanent tenants on the food pavilion;



Financial model finalised and appropriate funding sourced;



Details of the State Government funding commitment finalised in a grant deed.

In addition to preparations for Stage 1, Council will continue to negotiate with potential tenants for Stage 2 and the Southern CBD.

COMMUNITY ENGAGEMENT Community consultation has been a major component of LIVING CITY throughout the entire project. Regular updates have been provided to the public through media releases, e-news and website updates on the construction tender, State Government funding, property purchases, development applications, food pavilion expression of interest and opportunities stemming from increasing tourism numbers to the state.

FINANCIAL IMPLICATIONS Council’s 2015/16 Operational Budget has an allowance for income and expenditure associated with LIVING CITY. This includes the rent, and outgoings of commercial properties purchased by Council to facilitate the implementation of LIVING CITY. It also includes staff resources, consultants, advertising and general materials along with finance related items such as depreciation, interest charges, internal charges and land tax. Below is the operational budget detail at cost centre level along with graphs that indicate current year to date actual income and expenditure in comparison to the budget allocation.

ITEM 5.2

PAGE 67 uncil meeting on o 21 Decemb ber 2015 Report to Cou

D Devonp port Cityy Council ‐ Livin ng City Cum mulativee Income e 2015//16 3 300,000 2 250,000

Dollars $

2 200,000 1 150,000 1 100,000 50,000 July Aug Actual ‐ Cum mulative

Sep p

Budget ‐ Cumulative

ITEM 5.2

Oct

Nov

PAGE 68 Report to Council meeting on 21 December 2015

Devonport City Council ‐ Living City Cumulative Expenditure 2015/16 800,000 700,000 600,000 Dollars $

500,000 400,000 300,000 200,000 100,000 July Aug Actual ‐ Cumulative Budget ‐ Cumulative

Sep

Oct

Nov

As of 30 November 2015, income is tracking generally in line with budget. The demonstrated variance in expenditure is a timing issue, and is expected to be in line with budget by the end of the financial year. CAPITAL EXPENDITURE So far in the 2015/2016 year, $2,210,333 of a total capital budget of $5,496,000 (inc’s carried forward amount) has been spent. More than half of the capital money has been spent progressing the design for the new multi-purpose building, food pavilion and car park. The remainder was used to purchase 74 Rooke Street, the last major property to be secured within the LIVING CITY footprint. Actual capital expenditure (primarily for the acquisition of strategic properties) on LIVING CITY related items over the last four financial years is summarised below: Year

Actual Expenditure

2012/13

$7,683,282

2013/14

$4,614,323

2014/15

$770,268

2015/16 (YTD)

$2,210,333

RISK IMPLICATIONS 



Political/Governance Government support for LIVING CITY is essential and Council must continue to promote the strategy as an attractive proposition to both the State and Federal Governments. Maintaining community support and highlighting the regional benefits of LIVING CITY are critical in this process. 

ITEM 5.2

PAGE 69 Report to Council meeting on 21 December 2015



Communication/Reputation Council have invested significantly in LIVING CITY and the community expectation that the strategy will be delivered is very high. Council risk enormous reputational damage if the Master Plan is not implemented.



Financial The financial risks with LIVING CITY are significant and a robust financial model has been developed to inform decisions for the best long term financial outcomes. The model will link with Council’s annual and long term financial and asset management plans. A detailed report on the financial plan will be presented to Council early in 2016.

CONCLUSION LIVING CITY will create a transformed city that will revive the region. With the Master Plan now formally adopted by Council, the focus has moved from planning to implementation. Progress on Stage 1 has been significant over the past three months, with the design to a level that has enabled the construction tender process to commence. The grant deed for the Federal funding contribution has been signed, and the State has announced a $13M contribution to the project. The highest priorities in coming months are finalising the financial modelling for Stage 1, securing tenants for the food pavilion and selecting the construction contractor.

ATTACHMENTS Nil

RECOMMENDATION That the report on the progress of LIVING CITY be received and noted.

Author: Position:

Rebecca McKenna Project Officer Development

Economic

Endorsed By: Position:

ITEM 5.2

Matthew Atkins Deputy General Manager

PAGE 70 Report to Council meeting on 21 December 2015

5.3

STATE GOVERNMENT CONTRIBUTION LIVING CITY STAGE 1 File: 27122 D397407

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.4.1

Develop and implement a CBD Master Plan aligned to the key LIVING CITY principles based on community engagement outcomes

SUMMARY This report outlines the result of negotiations with the Tasmanian State Government regarding their financial contribution to Stage 1 of LIVING CITY and seeks Council’s approval to proceed with finalising a grant deed and lease agreement.

BACKGROUND During the early inception phase of LIVING CITY, Council actively lobbied all levels of Government to seek support and funding for the strategy. Prior to the March 2013 State election each of the three main political parties committed to support LIVING CITY through the transfer of the existing LINC and Magistrates Court to Council for retail development. Following the successful election of the Hodgman Liberal Government, discussion commenced regarding the detail of their commitment. The Government have been very public in their support of the project with the Premier, the Hon. Will Hodgman participating in the launch of the Master Plan. They have also provided funding towards an independent economic assessment of the regional benefits of LIVING CITY. Stage 1 is the catalyst for the whole LIVING CITY strategy, releasing land for later stages and unlocking multi millions of dollars in private investment. Stage 1 of LIVING CITY consists of four major projects: 1.

Four level multi-purpose civic building including a new LINC over two floors, Service Tasmania, Council offices and an 800 seat conference facility;

Food Pavilion specialising in local products;

Multi-level Car park with approximately 530 spaces; and

Market Square and precinct landscaping.

Stage 1 has now been designed to development permit stage and is currently out for construction tender. The State Government through the Department of Education has been actively involved in the design process. Discussions regarding project funding have been occurring concurrent to the design process and this report presents the outcomes which have been reached.

STATUTORY REQUIREMENTS The predominant legislation to which Council must comply in undertaking LIVING CITY is the Local Government Act 1993.

DISCUSSION The proposed multi-purpose building consists of four main tenants, LINC, Service Tasmania, Council and the conference centre. The two State Government agencies have a prime location on the ground and first floors of a new state-of-the-art purpose built civic facility. ITEM 5.3

PAGE 71 Report to Council meeting on 21 December 2015

The site has a Rooke Street frontage and is located directly adjacent to the proposed multi-storey car park. On 7 December 2015, the State Government wrote to Council offering an assistance package for Stage 1 of LIVING CITY. The package consists of: 

A $10M grant towards the capital building works on the multi-purpose building;



The transfer of the existing library site to Council at nil cost, once the library has moved into the new facility (land valued at $1M); and



An allocation for up to $2M towards the fitout of the new Service Tasmania and LINC.

A copy of the letter from the Deputy Premier is attached as Attachment 1. On Thursday 10 December, the Deputy Premier, the Honourable Jeremy Rockliff publicly announced the $13M State funding package. The package is conditional upon both a grant and lease agreement being negotiated by both parties. The letter of offer from the State Government provides some broad principles that the State expect to be included as follows: 

A 50 year lease term at a nominal rate of $1 per annum;



Council to provide 11 car parking spaces at no cost;



That the building be designed in accordance with the requirements of the Department of Education.

Council staff will continue to negotiate the details of the lease with the State. In particular, further discussion will need to occur around the details of the lease. It is expected that the Crown will pay its share of outgoings, which will include items such as water, electricity, maintenance, security, rates, waste collection and general building management responsibilities. Staff from LINC, Service Tasmania and Council has been working together with the architectural team on the design to ensure it meets the requirements of all three organisations.

COMMUNITY ENGAGEMENT Community consultation has been a major component of LIVING CITY throughout the entire project. The concept design plans for Stage 1 were placed on public display for a three week period in July. The plans were widely distributed both by Council and the local media. A copy was also placed on public display in the LINC. The consultation resulted in approximately fifty responses that covered a variety of topics including; the size, scale and façade of the multi-purpose building, environmentally sustainable design initiatives, conference centre venue design and operations, family facilities, car park location, project funding and a strong desire for action. Overall the community consultation was deemed positive.

FINANCIAL IMPLICATIONS The proposed $13M package from the State Government is an essential component of the funding for Stage 1 of LIVING CITY. The $10M capital amount is representative of the portion of floor space that the tenants will be occupying in the multi-purpose building, such that in effect the State is funding its own spaces. Similarly it is intended that a lease document be agreed such that the State will pay its own outgoings. These agreements are essential to ensure that there are no impacts on Council’s operating budget. ITEM 5.3

PAGE 72 Report to Council meeting on 21 December 2015

RISK IMPLICATIONS 

Political/Governance Government support for LIVING CITY is essential and Council must continue to promote the strategy as an attractive proposition to the State Government.



CONCLUSION A $13M grant from the State Government is a significant financial contribution to the project. It is appropriate to delegate to the General Manager authority to execute the Deed of Agreement once detailed negotiations of its content are completed.

ATTACHMENTS 1.

Letter from Deputy Premier Jeremy Rockliff to Devonport City Council regarding Living City offer

RECOMMENDATION That Council authorise the General Manager to finalise negotiations with the State Government generally in accordance with its offer received on 7 December 2015 and sign the grant deed and lease agreement once negotiations are complete.

Author: Position:

Matthew Atkins Deputy General Manager

Endorsed By: Position:

ITEM 5.3

Paul West General Manager

PAGE 73 Letter L from Deputy Premier Jeremy Rockliff tto Devonport City Cou uncil regarding r Liv ving City offerr

ITEM 5.3

ATTTACHMENT [1 1]

PAGE 74 Letter L from Deputy Premier Jeremy Rockliff tto Devonport City Cou uncil regarding r Liv ving City offerr

ITEM 5.3

ATTTACHMENT [1 1]

PAGE 75 uncil meeting on o 21 Decemb ber 2015 Report to Cou

5.4

LA AND AT 260 STE EELE STREEET, DEV VONPORT - APPLLICATION N FROM M SPACE LEA ARNING PROGRA AM - DEP PARTMEN NT OF ED DUCATION File: 10290 D397510 0

RELEVANCE TO COUNCIIL’S PLANS & POLICIES Council’s Strategic Plan P 2009-2 2030: Strattegy 4.8.2

Provide, promote and advocate for appropria ate and accessible a e services, informatio on, facilities, activitiess and spac ces for youth

SUMMARY ation (De Council h has receiv ved a request from m the De epartment of Educa epartment) regarding g the form mer office buildings a and shed at the prroperty loc cated at 260 2 Steele e Street, De evonport (fformer Parks depot). The Depa artment is exploring opportunitties for the e relocation n of its SPA ACE Learn ning Progra am next ye ear and has h identifie ed that th his Councill property m may suit th heir needs.

BACKGROUUND Council h has a lease e with Cro own Lands Services for f land att 260 Steelle Street, Devonport D t which includes the Splash S Aqu uatic Centtre land as well as the e former p parks depot. Councill leases the e property by virtue of o a ten yea ar lease which expire es on 31 Ju uly 2021.

cil’s meeting held on 24 August 2015, it wa as determin ned (Min 1 64/15 refe ers): At Counc That Coun ncil note th he report re egarding p possible use of land at a 260 Stee ele Street, Devonport D t and: (a)

ceed with the installation of a an off leash h dog are ea at the n northern side of the e proc prop perty utilisin ng the $30 0,000 budg get allocation in the e 2015-16 o operationa al budget;; and

(b)

requ uest that a further rep port be pro ovided whiich conside ers commu unity storag ge optionss for th he former office buiilding and sheds in accordanc a ce with the e Devonport Interim m Planning Schem me and lik kely budge etary requirrements.

e off-leash dog area a is currently being finalised. The area has been n Constructtion at the cleared, o old hot ho ouses demolished an nd fences and gatess installed.. The off leash area a ITEM 5.4

PAGE 76 Report to Council meeting on 21 December 2015

has been advertised in accordance with the Dog Control Act 2000. It is anticipated that the area will be opened early in 2016. At Council’s November meeting, it was determined: That Council note the report regarding 260 Steele Street, Devonport and determine to consider allocating funds in the 2016/17 budget to provide internal separating walls in the buildings to create community storage areas. Council has subsequently received a request from the Department of Education seeking Council’s support in leasing the front offices and sheds to them to enable them to run their SPACE Learning Program (see attached letter). The request seeks access to the front two offices, sheds and use of the meeting room/toilet facilities in the larger storage shed at the back (but not the actual storage shed itself). The Department are aware that Council is looking at community storage options for the large shed at the rear of the property and they would only require access to the meeting room and toilets.

STATUTORY REQUIREMENTS Council must comply with its obligations contained within the Crown Land Services lease. The Crown has confirmed its approval of the off leash dog area as it is a permitted use under the lease. The Crown would need to give approval for the property to be subleased to the Department of Education.

DISCUSSION The Department has been leasing Level 1, 17 Fenton Way from Council since February 2015 to enable them to run the SPACE Program. Their lease expires in February 2016. They believe that the buildings at 260 Steele Street, together with the additional area of land, is more suitable to their needs. Council’s planning officers have advised that the property’s use for the purposes of education and occasional care under the Interim Planning Scheme requires: (a) (b) (c)

Vocational training in conservation and resource management of a type conducted on land in the zone, or Interpretation and information for people visiting land in the zone; or Requires location in a natural setting

A planning permit application will be required for the use and development which will then result in a Building and Plumbing Permit for the building change of use. The Department are currently seeking qualified advice from a Building Surveyor to ascertain what modifications may be required to any of the buildings to enable their occupation. To date this information is not available and any approval by Council would be contingent on the property being independently assessed as suitable for the purposes of the educational program.

COMMUNITY ENGAGEMENT No community engagement has been undertaken as a result of this report.

FINANCIAL IMPLICATIONS Any improvements or modifications required to the premises would be at the Department’s expense. Council would also receive a rental income for the property which at the present time has not been discussed with the Department.

RISK IMPLICATIONS There are no identified risks associated with this report. ITEM 5.4

PAGE 77 Report to Council meeting on 21 December 2015

CONCLUSION Whilst the Department is waiting to receive the relevant information from the Building Surveyor, it is recommended that Council consider the matter and if determined a suitable use for the property, authorise the General Manager to continue discussions with the Department to enable this matter to progress in time for the SPACE Learning Program to be up and running in February 2016.

ATTACHMENTS 1.

Letter from Department of Education regarding 260 Steele Street Devonport

RECOMMENDATION That the General Manager be authroised to continue discussions with the Department of Education regarding their request to lease part of the land known as 260 Steele Street, Devonport for the purpose of their SPACE Learning Program, subject to: 

Crown Lands Services approval of a sub-lease;



necessary building and planning requirements being met; and



successful negotiation of lease arrangements to the satisfaction of both parties.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 5.4

Paul West General Manager

PAGE 78 Letter L from De epartment off Education re egarding 260 0 Steele Stree et Devonport

ITEM 5.4

ATTTACHMENT [1 1]

PAGE 79 Letter L from De epartment off Education re egarding 260 0 Steele Stree et Devonport

ITEM 5.4

ATTTACHMENT [1 1]

PAGE 80 Report to Council meeting on 21 December 2015

6.0

INFORMATION

6.1

GENERAL MANAGER'S REPORT - DECEMBER 2015 File: 29092 D372083

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.8.2

Ensure access to Council information that meets user demands, is easy to understand, whilst complying with legislative requirements

SUMMARY This report provides a summary of the activities undertaken by the General Manager, 18 November to 16 December 2015. It also provides information on matters that may be of interest to Aldermen and the community.

BACKGROUND The report is provided on a regular monthly basis and addresses a number of management and strategic issues currently being undertaken by Council. The report also provides regular updates in relation to National, Regional and State based local government matters as well as State and Federal Government programs.

STATUTORY REQUIREMENTS Council is required to comply with the provisions of the Local Government Act 1993 and other legislation. The General Manager is appointed by the Council in accordance with the provisions of the Act.

DISCUSSION 1.

COUNCIL MANAGEMENT 1.1. Attended and participated in a number of internal staff and management meetings. 1.2. Attended Workshops, Section 23 Committee and Council Meetings as required. 1.3. As a Council appointed Representative, attended the Dulverton Regional Waste Management Authority’s Annual General Meeting and General Meeting. The minutes of both these meetings have been provided to Council in Closed Session in compliance with the Rules of the Joint Authority. 1.4. Met with the Chair of the Council’s Audit Panel.

LIVING CITY 2.1. Met with representatives of the Coordinator General’s Office to discuss the LIVING CITY project and the State Government’s commitment as part of the Northern Cities initiative. Commenced discussion on the operational aspects of the LINC and Service Tasmania tenancies in the new Civic Building. 2.2. The State Government have confirmed their financial commitments to the LIVING CITY project. In correspondence from the Deputy Premier it was acknowledged that the Government will provide a $13M contribution to State 1 of LIVING CITY. A separate report has been provided on this agenda outlining the details of the State Government’s commitment. ITEM 6.1

PAGE 81 Report to Council meeting on 21 December 2015

2.3. A joint announcement by the Deputy Premier, Jeremy Rockliff MP and the Mayor to publicly advise of the State Government’s contribution to the LIVING CITY project was attended. The media release issued by Council at this event stated: MEDIA RELEASE Tasmanian Government’s $13 million support for LIVING CITY welcomed by Council 10 December 2015 Devonport City Council has welcomed the Tasmanian Government’s $13 million funding package towards Stage 1 of LIVING CITY; which includes a $10 million cash contribution, transfer of land on which the Devonport LINC is situated (valued at $1 million) and $2 million towards the fitout of the LINC. New facilities for the LINC and Service Tasmania will be constructed by Council as part of the new multi-purpose building, being built as part of Stage 1 of the project. “Today’s announcement by the Tasmanian Government is exciting news for the people of Devonport and the North West; as well as another step forward for the LIVING CITY project” said Devonport Mayor, Alderman Steve Martin. “With over $112 million expected to be injected annually into the local economy and over 830 on-going jobs created; it’s exciting to have such strong commitment from all levels towards stimulating the regional economy”. “With so many revitalisation projects having been tabled for Devonport over the years; to now see LIVING CITY progress to the point where construction is about to commence, is testament to all levels of government working together to create new investment opportunities and jobs for the people of the North West” said Mayor Martin. The State funding announcement will now enable Council to finalise the funding model, which is expected to be considered by Council at their January 2016 meeting. “The agreement to transfer ownership of the LINC site to Council is also another significant project milestone, being a key site required to facilitate the retail development planned for Stage 2 of the project” said Mayor Martin. Construction on the first stage of LIVING CITY is expected to commence in early 2016 once the necessary approvals are secured, funding model finalised and construction contract awarded. 3.

COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1. Met with a local developer to discuss zoning matters relating to the Devonport Interim Planning Scheme. 3.2. Attended the launch of the Live & Learn Strategy at the Devonport Surf Club. The Strategy was launched by the Deputy Premier, Hon Jeremy Rockliff MP. 3.3. Met with representatives of the Vietnam Veterans Association to discuss the proposed commemorative wall and signage for their previously approved memorial at Aitken Point Head. 3.4. Attended a number of Christmas functions held within the community.

ITEM 6.1

PAGE 82 Report to Council meeting on 21 December 2015

3.5. Met with the owner of the Harbourmaster’s Café to discuss matters relating to the Council’s approval for the licence over recreational land. In particular aspects relating to access to the business across the park area was discussed. Following a Council Workshop the terms of the licence agreement was finalised and provided to the applicant for consideration. 3.6. With the Mayor and Aldermen attended an on-site meeting with representatives of the Rotary Club of Devonport North to view the site where the proposed Seawalk may be established in the future. Council has committed $15,000 towards the preliminary feasibility study for this project. 3.7. With the Mayor met with representatives of Simplot to be updated on their progress in reaching a trade waste agreement with Tas Water. It was indicated that negotiations are ongoing. As a result of this meeting correspondence has been forwarded to TasWater seeking response to a number of matters raised. 4.

NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1. As an appointed member of the Cradle Coast Shared Services Working Group attended a meeting to discuss the progress with finalising the Memorandum of Understanding (including a Project Brief) with the State Government. 4.2. Attended a meeting of the Cradle Coast General Managers Group. Items discussed included an update from the CEO of the Cradle Coast Authority; Cradle Coast Waste Management Group and the progress with finalising the Waste Management Governance Report; consideration of the draft Shared Services MoU and Project Brief; issues relating to municipal wide revaluation of property values. 4.3. Appointed by the Dulverton Waste Management Authority Representatives Group to participate in a review of the Authority’s Rules. Attended a meeting of the Group at which a number of identified issues were discussed and resolved. It is proposed that the Representatives will further consider the Rules at the next meeting scheduled for February 2016 following which a process will be implemented to allow all member councils to formally review the updated Rules prior to their adoption.

STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1. Met with Roger Jaensch MP for a catch up and general discussion. Some of the items discussed included: 

the proposed Bluff Seawalk by the Rotary Club of Devonport North;



briefing on Council’s decision in relation to Tiagarra;



LIVING CITY;



Don River Railway’s desire to access the main rail line; and



the East Devonport Corridor from the Spirit of Tasmania to the Bass Highway.

5.2. Correspondence has been received from the Minister for Planning and Local Government outlining the Government’s State Planning Scheme agenda and the proposal for the commencement of public exhibition of the State Planning Provision in February 2016. A copy of the Minster’s letter is attached to this report for information.

ITEM 6.1

PAGE 83 Report to Council meeting on 21 December 2015

OTHER 6.1. A reminder that the Council Offices will close at 1:00pm on Thursday 24 December for the Christmas/New Year break. The office will reopen on Monday 4 January 2016 at 8:30am. 6.2. As a result of discussion at a recent Council Workshop it has been determined not to proceed with the current accepted design for playground equipment in the Rooke Street Mall. The provision of playground equipment and/or public art opportunities in the Mall will be considered in the New Year.

COMMUNITY ENGAGEMENT The information included above details any issues relating to community engagement.

FINANCIAL IMPLICATIONS Any financial or budgetary implications related to matters discussed in this report will be separately reported to Council. There is not expected to be any impact on the Councilsâ&#x20AC;&#x2122; operating budget as a result of this recommendation.

RISK IMPLICATIONS Any specific risk implications will be outlined in the commentary above. Any specific issue that may result is any form of risk to Council is likely to be subject of a separate report to Council.

CONCLUSION This report is provided for information purposes only and to allow Council to be updated on matters of interest.

ATTACHMENTS 1.

Action Report on Council Resolutions - December 2015

Minister for Planning and Local Government

RECOMMENDATION That the report of the General Manager be received and noted.

Author: Position:

Paul West General Manager

ITEM 6.1

PAGE 84 Action Report on Council Resolutions - December 2015

ATTACHMENT [1]

DEVONPORT CITY COUNCIL ACTION REPORT ON COUNCIL RESOLUTIONS - DECEMBER 2015 OPEN SESSION MEETING DATE November 2015

RESOLUTION NO 227/15

228/15

229/15

230/15

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Minutes - AGM 28 October 2015

In relation to the motion passed at the AGM that Council advertise to seek expressions of interest from those ratepayers who have paid rates for 50 years plus to ascertain whether there is sufficient interest in such an event being organised. Determine to consider allocating funds in the 2016/17 budget to provide internal separating walls in the buildings to create community storage areas

In progress

Invitation extended to the community to register their expression of interest via social media, Council’s website and newsletters, as well as the Mayor’s message, Coast to Coast in the Advocate. Noted for 2016/17 budget discussions

Endorsed temporary relocation of Council offices to 17 Fenton Way during construction of LIVING CITY State 1 noting likely duration will be approx two years and awarded Contract 1301 to Oliver Kelly Constructions Pty Ltd for $190,283 (ex GST); subject to General Manager executing contract aligning with construction commencement. Adopted Tasmanians for Recognition “Campaign Partners Network Group Charter” in support of changes to the Australian Constitution.

Completed

Land at 260 Steele Street Devonport Community Storage Quotations for Contract 1301 Temporary Council Office Relocation

Charter of Recognition for Constitutional Changes Recognise Tasmania

ITEM 6.1

Completed

RESPONSIBLE OFFICER EM (CC&B)

Letter sent to Recognise Tasmania on 25 November 2015

PAGE 85 Action Report on Council Resolutions - December 2015

MEETING DATE

November 2015

RESOLUTION NO 231/15

232/15

233/15

ATTACHMENT [1]

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Tiagarra

Agreed to conditionally transfer the ownership of Tiagarra to the local Aboriginal community, represented by Six Rivers Aboriginal Corporation providing a lease agreement for the land can be agreed between the parties and in accordance with the Local Government Act 1993. Authorise a twelve month licence agreement for the use of the grassed area at the Drift Café generally in line with the plan provided by the applicant.

In progress

Lawyer instructed to prepare necessary agreement

Request for Use of Grassed Area and Extension of Licensed Area Drift Café, Bluff Precinct Harbourmaster’s Cafe

234/15

Pandemonium Transfer of Assets

235/15

Australian Masters Games

237/15

Financial Assistance Working Group Recommendati on

Completed

Temporary arrangements, entered into with SRAC to regain access to Tiagarra. Keys were handed over to SRAC on 26 Nov 15. Licence issued on 11 December 2015

RESPONSIBLE OFFICER GM

Authorise a twelve month licence agreement for the extended operation of the Harbourmaster’s Café in the area directly north of the Café.

In progress

12 month licence to use land with appropriate conditions prepared and provided to applicant for review.

DGM

Transfer by way of ‘gift’ the items listed to new owners of Pandemonium resulting in writing-off of sum of $24,754.96 from Assets Register. Nominate the Executive Manager Corporate, Community & Business Services, Shane Crawford to the Australian Masters Games Cradle Coast Participation Committee. Determined that a rate remission be approved to Mersey Care Inc in the amount of $1,910.73.

Completed

Letter confirming transfer of assets provided to owners on 25 November 2015.

Completed

Cradle Coast Authority advised of Shane Crawford’s appointment.

Completed

Rate remission approved. Amended rate notice sent to Mersey Community Care.

EM (CC&B)

ITEM 6.1

PAGE 86 Action Report on Council Resolutions - December 2015

MEETING DATE

RESOLUTION NO 238/15

241/15

ATTACHMENT [1]

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

General Manager’s Report November 2015

Delegate the Mayor and Ald Goodwin as its nominated Representatives to Cradle Coast Authority, the final decision as to whether Devonport is a participant in the Cradle Coast Region Shared Services Project. GFC 47/15 Report of General Manager relating to meeting arrangements from December 2015 to December 2016 inclusive be received and endorsed.

In progress

Shared Services project ongoing

Completed

Meeting dates noted

Governance and Finance Committee Meeting - 16 November 2015

ITEM 6.1

RESPONSIBLE OFFICER GM

PAGE 87 Action Report on Council Resolutions - December 2015

ATTACHMENT [1]

Previous Council Resolutions - still being actioned MEETING DATE October 2015

RESOLUTION NO 213/15

219/15

220/15

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Rooke Street Mall Play Equipment

b) progress submission from Imagination Play for purchase and installation of silhouette urban play equipment up to $80,000; and c) note anticipated supply period 12 weeks from order placement. IWC 38/15 Offer Mr & Mrs Wyllie to fund construction of a subsoil drain and swale drain along northern boundary of 160B Sheffield Road as recom-mended by consultants SEMF Pty Ltd. CSC 30/15 Consideration in 2016-2017 budget of installation of:  ablution and BBQ facilities at Horse Head Creek Reserve; and  signs to deter unauthorized driving in Pioneer Park and consider implementing infringement process. CSC 32/15 Endorse East Devonport Bike Safety Park proposal as priority for external grant application funding and possible future capital works funding. CSC 34/15 Approved Economic Development & Sponsorship Grants.

Completed

Item not to progress as a result of workshop 7/12/2015.

In progress

Quotation for works being arranged.

Infrastructure Works & Development Committee Meeting - 12 October 2015 Community Services Committee Meeting - 19 October 2015

ITEM 6.1

RESPONSIBLE OFFICER DGM

DGM

EM (CS) In progress

To be considered as part of the 16/17 budget deliberations.

In progress

Working with EDBSP and EDFC Committee to identify suitable grants.

In progress

All successful/unsuccessful grant applicants notified. Waiting on two contracts to be received. Processing payments of contracts returned.

EM (CS)

PAGE 88 Action Report on Council Resolutions - December 2015

MEETING DATE August 2015

RESOLUTION NO 164/15

174/15

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Land at 260 Steele Street, Devonport - Off Leash Dog Area and other community uses Community Services Committee Meeting - 17 August 2015

Proceed with installation of an off leash dog area at northern side of property

Complete

Majority of works completed. Facility will open in the New Year.

CSC 25/15 Seek community feedback on potential lighting of Meercroft Park and/or Byard Park; with further report provided to Council. CSC 26/15 Youth Engagement Plan be endorsed CSC 27/15 Undertake a Devonport Community Survey for benchmarking purposes. Seek expressions of interest for the project in line with project brief - further report to be provided to Council once expressions of interest have been received and evaluated. Noted success of application from Round 1 of Australian Government’s National Stronger Regions Fund and authorised General Manager to negotiate, finalise and execute Deed of Agreement with the Australian Government by due date.

Completed

Report provided to Community Services Committee in December 2015.

Completed

Focus Group completed at Don College.

July 2015

145/15

East Devonport Public Art Project Proposal

June 2015

121/15

LIVING CITY National Stronger Regions Fund Grant Deed

ATTACHMENT [1]

ITEM 6.1

RESPONSIBLE OFFICER GM

EM (CS)

Completed In progress

Expressions of interest for suitable arts worker closed 11 December 2015.

Completed

Contract signed.

EM (C&B)

DGM (IW&D)

PAGE 89 Action Report on Council Resolutions - December 2015

MEETING DATE June 2015

February 2015

RESOLUTION NO 130/15

30/15

ATTACHMENT [1]

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Community Services Committee Meeting - 15 June 2015

CSC 11/15 b) seek detailed Officer’s report on request from Devonport Gymnastics Club relating to new building/clubhouse for consideration and potential inclusion in Council’s long term asset and financial plans. CSC 13/15 b) seek Department of State Growth advice re potential installation of signage outlining Devonport attractions on Tarleton Street/Bridge Road. Eastern Shore Committee be requested to review original Eastern Shore Redevelopment Plans to develop an approach to prioritising enhancement of road corridors from Spirit of Tasmania Ferry Terminal at East Devonport and the Bass Highway.

In progress

Report being prepared for Community Services meeting, 15 February 2016, waiting on quotes/plans from Gym Club.

In progress

Existing directional signage being reviewed by Infrastructure & Works Department.

In progress

Item referred to the Special Interest Group. Matter discussed at recent Council workshop.

Entry Corridor Ferry Terminal to Bass Highway Ald J F Matthews

ITEM 6.1

RESPONSIBLE OFFICER EM (CS)

EM (CS)

PAGE 90 Action Report on Council Resolutions - December 2015

ATTACHMENT [1]

CLOSED SESSION MEETING DATE November 2015

RESOLUTION NO 244/15

TOPIC Feasibility Review of incorporating Devonport Regional Gallery and Intimate Performing Arts Space into DECC

RESOLUTION/ITEM

STATUS

COMMENTS

a) accept the Feasibility Study by Birrelli Architects dated October 2015; b) endorse consultation on the Study with relevant stakeholder groups; c) endorse public release of the Study following stakeholder consultation; and d) consider funding for the project as part of Council’s 2016/17 budget deliberations.

In progress

Stakeholder consultation occurring during December and January.

RESPONSIBLE OFFICER DGM

Previous Council Resolutions - still being actioned MEETING DATE September 2015

RESOLUTION NO 202/15

December 2014

320/14

TOPIC LIVING CITY Land Acquisition LIVING CITY Business and Professional Precinct Proposal

RESOLUTION/ITEM

STATUS

COMMENTS

Authorise General Manager to negotiate purchase of required land at a value up to $25,000 (exc GST) Support preparation in conjunction with Devonport Central Pty Ltd of proposal for new business relocation into King Street.

In progress

Agreement reached on purchase price of $22,500. Draft contract sent to the owner. Awaiting response from potential tenant.

ITEM 6.1

Ongoing

RESPONSIBLE OFFICER DGM DGM (IW&D)

PAGE 91 Minister M for Planning and Local Govern nment

ATTTACHMENT [2 2]

ITEM 6.1

PAGE 92 Minister M for Planning and Local Govern nment

ATTTACHMENT [2 2]

ITEM 6.1

PAGE 93 Report to Council meeting on 21 December 2015

6.2

WORKSHOPS AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING

Council is required by Regulation 8(2)(c) of the Local Government (Meeting Procedures) Regulations 2015 to include in the Agenda the date and purpose of any Council Workshop held since the last meeting. Date

Description

Purpose

30/11/2015

On Site Meeting - Mersey Bluff

At the invitation of the Rotary Club of Devonport North attended the Mersey Bluff precinct to be briefed on the Club’s Seawalk proposal.

7/12/2015

Shared Pathway Devonport to West

Linking Presentation from Andrew Leary and Ben Kearney regarding the shared pathway linking Latrobe in the east to Wynyard in the west.

Mall Play Equipment

Final images, quotes and layout options relating to the Mall play equipment were provided to Aldermen prior to order being issued and deposit paid.

LIVING CITY - City First

Advice provided on ceasing negotiations with City First as preferred operator of the new Conference venue as part of LIVING CITY.

LIVING CITY – State An outline of the pending Government Commitment announcement by the State Government of its financial commitment to LIVING CITY. LIVING Modelling

CITY

Financial An updated draft of the Financial Modelling in relation to LIVING CITY

East Devonport Corridor

Update on the progress of the Council resolution relating to the prioritising the enhancement of the road corridors from the Spirit of Tasmania Ferry Terminal to the Bass Highway.

2016 Federal Election

Discussion around the priorities for Council relating to requests from candidates in the next Federal Election.

Harbourmasters Café

A request from the operator of the Harbourmasters Café for Council to reconsider its conditions relating to access across the public reserve.

ITEM 6.2

PAGE 94 Report to Council meeting on 21 December 2015

RECOMMENDATION

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

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 6.2

Paul West General Manager

PAGE 95 Report to Council meeting on 21 December 2015

6.3

MAYOR'S MONTHLY REPORT File: 22947 D396949

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.2

Provide appropriate support to elected members to enable them to discharge their functions

SUMMARY This report details meetings and functions attended by the Mayor.

BACKGROUND This report is provided by the Mayor to provide a list of meetings and functions attended by him for the month of November 2015.

STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.

DISCUSSION In his capacity as Mayor, Alderman Steve Martin attended the following meetings and functions during the month of November 2015:                          

Peaks Challenge – Devonport Bluff Nixon Street Primary School, School Association LIVING CITY – Advocate interview with Grant Hirst Learning Communities Special Interest Group Kaleb Barden – Australian Rep Futsal Citizenship Ceremony Simon Garlick Trudy Pearce, Dept of Education Zombie Flash Mob – Devonport Mall Basketball TAS Gala Dinner - Launceston  CEO Chris McCoy, Basketball Australia CEO Anthony Moore & Madison Sport’s Scott Besson City of Devonport Brass Band’s 140 birthday celebration BBQ Learning Communities – filming for launch Matthew Jago Dane Layton, Drift Café Radio interviews Remembrance Day Ceremony LGAT - Meet & Greet, Mayor Doug Chipman & Katrena Stephenson Devonport Bowls Club – corporate bowls Chat n Choose Matthew Jago - Career and Life Planning System for Tasmania presentation Community Safety Special Interest Group The Old Woolstore Cocktail night Learning Communities – video clip Radio Sea FM & 7AD Buy Local Promotion in Mall Don College 2015 Art Exhibition Opening Night Book Launch – “With the Pioneers” by Charles Ramsay; launched by local historian Faye Gardam – Latrobe ITEM 6.3

PAGE 96 Report to Council meeting on 21 December 2015

                              

End of Rain Retreat – Tasmanian Buddhist Association Combined SES & National Medal Presentations – Burnie Al & SM Richardson Jonathon Griffiths Mayor’s Charitable Trust Fund Committee Governance & Finance Committee Devonport Christian School - Christmas Panel presentation Devonport Primary School - Christmas Panel presentation Senior Citizen’s Annual Indoor Bowls Championships Sport & Recreation Committee Utopia Film – Amnesty International City First Mersey Leven Child Care Centre - Christmas Panel presentation Devonport SLSC – Learning Communities launch rehearsal TAS TAFE; invited to talk with Community Services students who organised “Walk together for Tiagarra” – with Deputy Mayor Rockliff Doug Gray, Forum Projects Learning Communities LIVE and LEARN Strategy launch, Deputy Premier, Minister for Education the Hon Jeremy Rockliff “Walk together for Tiagarra” walk Miandetta Primary School - Christmas Panel presentation Devonport High School – Mike Shaw, Matthew Jago, John Rigby, Craig Martin B&E Board Meeting – LIVING CITY Presentation Community Development Strategic Committee Australian Masters Games Information Night State Child & Family Health Centre Forum White Ribbon – “Walk in Her Shoes” walk Devonport Show – Guest Judge with Ald Keay Regional Art Gallery – Officially opened 40 year Collection Exhibition Devonport Croquet Club 90th Anniversary Deputy Mayor Ald Annette Rockliff Karen Stone MLEMC briefing Beacon Foundation High Impact Program – Devonport Reece High School students Devonport Bluff Sea Walk tour

ATTACHMENTS Nil

RECOMMENDATION That the Mayor’s monthly report be received and noted.

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 6.3

Paul West General Manager

PAGE 97 Report to Council meeting on 21 December 2015

7.0

SECTION 23 COMMITTEES

7.1

INFRASTRUCTURE WORKS AND MEETING - 14 DECEMBER 2015

DEVELOPMENT

COMMITTEE File: 29528 D398057

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.2

Provide appropriate support to elected members to enable them to discharge their functions

SUMMARY The purpose of this report is to receive the minutes and endorse the recommendations provided to Council by the Infrastructure Works and Development Committee meeting held on Monday, 14 December 2015.

ATTACHMENTS 1.

Minutes - Infrastructure Works and Development Committee - 14 December 2015

RECOMMENDATION

That the minutes of the Infrastructure Works and Development Committee meeting held on Monday, 14 December 2015 be received and the recommendations contained therein be adopted. IWC 41/15

Tender Report Contract 1300 Kelcey Tier - Mersey Main Road Junction Upgrade

IWC 42/15

Tender Report Contract - 1302 Torquay Road Pavement Renewal (note approved under delegation)

IWC 43/15

Cradle Coast Waste Management - Annual Report 2014-2015

IWC 44/15

Local Government Road Hierarchy

IWC 45/15

Devonport Oval - Facilities Upgrade

IWC 46/15

Development and Health Services Report

IWC 47/15

Infrastructure and Works Report

Author: Position:

April Nelson Executive Assistant - Governance

Endorsed By: Position:

ITEM 7.1

Paul West General Manager

PAGE 98 Minutes - Infrastructure Works and Development Committee - 14 December 2015

ATTACHMENT [1]

MINUTES OF AN INFRASTRUCTURE WORKS AND DEVELOPMENT COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 14 DECEMBER 2015 COMMENCING AT 6:20PM PRESENT:

Ald L M Perry (Chairman) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald L M Laycock Ald J F Matthews

Aldermen in Attendance: Ald J T Keay Ald S L Martin Ald A L Rockliff Council Officers: General Manager, P West Deputy General Manager, M Atkins Executive Manager, Corporate, Community and Business, S Crawford Manager Development, B May Infrastructure and Works Manager, K Lunson Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. 1.0

APOLOGIES There were no apologies received.

2.0

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0

PROCEDURAL 3.1 3.1.1

PUBLIC QUESTION TIME QUESTIONS ON NOTICE FROM THE PUBLIC

Nil 3.1.2

QUESTION WITHOUT NOTICE FROM THE PUBLIC

Nil 3.2

QUESTIONS FROM ALDERMEN

Nil ITEM 7.1

PAGE 99 Minutes - Infrastructure Works and Development Committee - 14 December 2015

ATTACHMENT [1]

3.3 NOTICES OF MOTION Nil

4.0 TENDERS 4.1

TENDER REPORT CONTRACT 1300 KELCEY TIER - MERSEY MAIN ROAD JUNCTION UPGRADE (D392302) IWC 41/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

That it be recommended to Council, in relation to Contract 1300 – Kelcey Tier – Mersey Main Road Junction Upgrade to: a)

note the additional expenditure of $44,668 for the project, funded from savings in other 2015/16 transport projects previously awarded;

award the contract to Kentish Construction and Engineering Company Pty Ltd for the tendered sum of (including the provisional item) $164,368 (ex GST);

note that Telstra relocations are estimated to cost $23,300 (ex GST);

note that land acquisition are estimated to cost $7,000 (ex GST);

note that design, project management and administration for the project are estimated to cost $15,000 (ex GST); and

note that a construction contingency of $10,000 (ex GST) is included in the budget. For   

Ald Perry Ald Emmerton Ald Goodwin

Against Ald Jarman Ald Laycock Ald Matthews

For   

Against

CARRIED UNANIMOUSLY 4.2

TENDER REPORT CONTRACT - 1302 TORQUAY ROAD PAVEMENT RENEWAL (D395717) IWC 42/15 RESOLUTION MOVED: SECONDED:

Ald Laycock Ald Emmerton

That the Infrastructure, Works and Development Committee, in relation to Contract 1302 – Torquay Road Pavement Renewal and in accordance with the delegated authority provided to it by Council under Minute 83/14: a)

award the contract to Civilscape Contracting Tasmania Pty Ltd for the tendered sum of (including the provisional item) $319,020 (ex GST);

note that Telstra relocations are estimated to cost $19,541 (ex GST);

note that design, project management and administration for the project are estimated to cost $26,000 (ex GST); ITEM 7.1

PAGE 100 Minutes - Infrastructure Works and Development Committee - 14 December 2015

ATTACHMENT [1]

note increase in extent of works to the value of $50,000 based on the schedule of rates provided in the tender; and

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

Against

  

Ald Perry Ald Emmerton Ald Goodwin

For Ald Jarman Ald Laycock Ald Matthews

Against

   CARRIED UNANIMOUSLY

5.0 INFRASTRUCTURE AND WORKS REPORTS 5.1

CRADLE COAST WASTE MANAGEMENT - ANNUAL REPORT 2014-2015 (D394819) IWC 43/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Emmerton

That it be recommended to Council that the 2014/15 Cradle Coast Waste Management Group Annual Report be received and noted. For

Against

  

Ald Perry Ald Emmerton Ald Goodwin

For Ald Jarman Ald Laycock Ald Matthews

Against

   CARRIED UNANIMOUSLY

5.2

LOCAL GOVERNMENT ROAD HIERARCHY (D395812) IWC 44/15 RESOLUTION MOVED: SECONDED:

Ald Matthews Ald Emmerton

That it be recommended to Council that the report of the City Engineer be noted and that the Local Government Road Hierarchy be adopted with immediate effect, including updating Council documents and systems that reference the road hierarchy. For Ald Perry Ald Emmerton Ald Goodwin

Against

  

For Ald Jarman Ald Laycock Ald Matthews

Against

   CARRIED UNANIMOUSLY

ITEM 7.1

PAGE 101 Minutes - Infrastructure Works and Development Committee - 14 December 2015

5.3

ATTACHMENT [1]

DEVONPORT OVAL - FACILITIES UPGRADE (D391847) IWC 45/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

That it be recommended to Council that the report of the Infrastructure and Works Manager regarding the Devonport Oval Facilities Upgrade be received and noted and that Council: (a)

reduce the scope of works to be completed during 2015/16 to: (i)

removal of cricket sight screens for an estimated cost of $9,000;

(ii)

construction of a disabled access to the canteen for an estimated cost of $15,000;

(iii)

replace the step to the change rooms with a ramp for an estimated cost of $3,500; and

(iv)

grind down the most significant level differences in the concrete pavement in front of the grandstand for an estimated cost of $5,000.

(b)

as a result of this decision determine to remove any further upgrade projects currently identified in the 5-year capital program.

(c)

by absolute majority and in accordance with Section 82(4) of the Local Government Act 1993 amends its capital works estimates by reducing the Devonport Oval Facilities Upgrade project from $700,000 to $32,500. For

Against

  

Ald Perry Ald Emmerton Ald Goodwin

For

Against

  

Ald Jarman Ald Laycock Ald Matthews

CARRIED UNANIMOUSLY

6.0 INFRASTRUCTURE AND WORKS MONTHLY UPDATE 6.1

DEVELOPMENT AND HEALTH SERVICES REPORT (D395387) IWC 46/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

That it be recommended to Council that the Development and Health Services report be received and noted. For Ald Perry Ald Emmerton Ald Goodwin

Against

  

For Ald Jarman Ald Laycock Ald Matthews

Against

   CARRIED UNANIMOUSLY

ITEM 7.1

PAGE 102 Minutes - Infrastructure Works and Development Committee - 14 December 2015

6.2

ATTACHMENT [1]

INFRASTRUCTURE AND WORKS REPORT (D390547) IWC 47/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Laycock

That it be recommended to Council that the Infrastructure and Works report be received and noted. For Ald Perry Ald Emmerton Ald Goodwin

Against

  

For Ald Jarman Ald Laycock Ald Matthews

Against

   CARRIED UNANIMOUSLY

There being no further business on the agenda the Chairman declared the meeting closed at 6.48pm. Confirmed

Chairman

ITEM 7.1

PAGE 103 Report to Council meeting on 21 December 2015

7.2

COMMUNITY SERVICES COMMITTEE MEETING 2015

14 DECEMBER File: 29530 D398067

RELEVANCE TO COUNCILâ&#x20AC;&#x2122;S PLANS & POLICIES Councilâ&#x20AC;&#x2122;s Strategic Plan 2009-2030: Strategy 5.3.2

Provide appropriate support to elected members to enable them to discharge their functions

SUMMARY The purpose of this report is to receive the minutes and endorse the recommendations provided to Council by the Community Services Committee meeting held on Monday, 14 December 2015.

ATTACHMENTS 1.

Minutes - Community Services Committee Meeting - 14 December 2015

RECOMMENDATION

That the minutes of the Community Services Committee meeting held on Monday, 14 December 2015 be received and the recommendations contained therein be adopted. CSC 10/15

Devonport Jazz 2015

CSC 11/15

Additional Sportsground Lighting

CSC 12/15

Minutes of the Sport and Recreation Strategic Special Committee Meeting

CSC 13/15

Minutes of the Community Development Strategic Special Committee Meeting

CSC 14/15

Minutes of the Arts Culture and Tourism Strategic Special Committee Meeting

CSC 15/15

Summer in the City Program

CSC 16/15

Mall Policy

CSC 17/15

Community Services Report - December 2015

Author: Position:

April Nelson Executive Assistant - Governance

Endorsed By: Position:

ITEM 7.2

Paul West General Manager

PAGE 104 Minutes - Community Services Committee Meeting - 14 December 2015

ATTACHMENT [1]

MINUTES OF A COMMUNITY SERVICES COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, 44-48 BEST STREET, DEVONPORT ON MONDAY, 14 DECEMBER 2015 COMMENCING AT 6:00PM PRESENT:

Ald A L Rockliff (Chairman) Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald S L Martin

Aldermen in Attendance: Ald C D Emmerton Ald J F Matthews Ald L M Perry Council Officers: General Manager, P West Executive Manager, Corporate, Community and Business, S Crawford Marketing, Tourism and Recreation Manager, S Jones Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. 1.0

APOLOGIES There were no apologies received.

2.0

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0

PROCEDURAL 3.1 3.1.1

PUBLIC QUESTION TIME QUESTIONS ON NOTICE FROM THE PUBLIC

Nil 3.1.2

QUESTION WITHOUT NOTICE FROM THE PUBLIC

Nil 3.2

QUESTIONS FROM ALDERMEN

Nil

3.3 NOTICES OF MOTION Nil ITEM 7.2

PAGE 105 Minutes - Community Services Committee Meeting - 14 December 2015

ATTACHMENT [1]

4.0 COMMUNITY SERVICES REPORTS 4.1

DEVONPORT JAZZ 2015 (D382202) CSC 10/15 RESOLUTION MOVED: SECONDED:

Ald Martin Ald Laycock

That it be recommended to Council that the report relating to Devonport Jazz be received and that Council: 1.

note that the 2015 event ran at a net cost (loss) of $43,517 (not including staff costs),

note the feedback received on the event was generally positive, and

endorse improvements being made to the operational delivery model to potentially reduce the future financial impact on Council of running the Jazz Festival. For

Against

  

Ald Rockliff Ald Goodwin Ald Jarman

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

4.2

ADDITIONAL SPORTSGROUND LIGHTING (D388436) CSC 11/15 RESOLUTION MOVED: SECONDED:

Ald Martin Ald Laycock

That it be recommended to Council that the report regarding additional lighting of Meercroft Park and/or Byard Park sports grounds be received and noted and that Council take no further action at this time. For Ald Rockliff Ald Goodwin Ald Jarman

Against

  

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

ITEM 7.2

PAGE 106 Minutes - Community Services Committee Meeting - 14 December 2015

4.3

ATTACHMENT [1]

MINUTES OF THE SPORT AND RECREATION STRATEGIC SPECIAL COMMITTEE MEETING (D395433) CSC 12/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Laycock

That it be recommended to Council the minutes of the Sport and Recreation Strategic Special Committee be received and noted. For

Against

  

Ald Rockliff Ald Goodwin Ald Jarman

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

4.4

MINUTES OF THE COMMUNITY DEVELOPMENT STRATEGIC SPECIAL COMMITTEE MEETING (D395962) CSC 13/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Jarman

That it be recommended to Council that the minutes of the Community Development Strategic Special Committee be received and noted; and that Council: 1.

give consideration as part of the 2016/17 budget deliberations the allocation of funds to undertake a review of bus shelters in Devonport for compliance and the prioritisation of improvements; and

identification of suitable location and design for all abilities beach access point at East Devonport be prepared noting that is intended that the project will likely only proceed through the support of a local service club or through external funding. For

Ald Rockliff Ald Goodwin Ald Jarman

Against

  

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

ITEM 7.2

PAGE 107 Minutes - Community Services Committee Meeting - 14 December 2015

4.5

ATTACHMENT [1]

MINUTES OF THE ARTS CULTURE AND TOURISM STRATEGIC SPECIAL COMMITTEE MEETING (D395968) CSC 14/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Jarman

That it be recommended to Council that the minutes of the Arts, Culture and Tourism Strategic Special Committee be received and noted. For

Against

  

Ald Rockliff Ald Goodwin Ald Jarman

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

4.6

MALL POLICY (D395989) CSC 15/15 RESOLUTION MOVED: SECONDED:

Ald Martin Ald Laycock

That it be recommended to Council that the Mall Permit Policy be adopted with immediate effect. For

Against

  

Ald Rockliff Ald Goodwin Ald Jarman

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

4.7

SUMMER IN THE CITY PROGRAM (D396625) CSC 16/15 RESOLUTION MOVED: SECONDED:

Ald Martin Ald Jarman

That it be recommended to Council that the Summer in the City Program report be received and noted. For Ald Rockliff Ald Goodwin Ald Jarman

Against

  

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

ITEM 7.2

PAGE 108 Minutes - Community Services Committee Meeting - 14 December 2015

4.8

ATTACHMENT [1]

COMMUNITY SERVICES REPORT - DECEMBER 2015 (D394640) CSC 17/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Keay

That it be recommended to Council that the Community Services report be received and noted. For Ald Rockliff Ald Goodwin Ald Jarman

Against

  

For Ald Keay Ald Laycock Ald Martin

Against

   CARRIED UNANIMOUSLY

There being no further business on the agenda the Chairman declared the meeting closed at 6.19pm. Confirmed

Chairman

ITEM 7.2

PAGE 109 Council meeting Agenda 21 December 2015

8.0

CLOSED SESSION

RECOMMENDATION That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015, the following be dealt with in Closed Session.

Item No

Matter

Local Government (Meeting Procedures) Regulations 2015 Reference

8.1

Application for Leave of Absence

15(2)(i)

8.2

Citizen Awards - Australia Day 2016

15(2)(g)

8.3

Unconfirmed Minutes - Dulverton Regional 15(2)(g) Waste Management Authority - Annual General Meeting and Representatives Meeting - 18 November 2015 - Cradle Coast Authority - Board Meeting - 10 November 2015

PAGE 110 Council meeting Agenda 21 December 2015

OUT OF CLOSED SESSION RECOMMENDATION That Council: (a)

having met and dealt with its business formally move out of Closed Session; and

(b)

resolves to report that it has determined the following:

Item No

Matter

8.1

Application for Leave of Absence

8.2

Citizen Awards - Australia Day 2016

8.3

Unconfirmed Minutes - Dulverton Regional Waste Management Authority - Annual General Meeting and Representatives Meeting - 18 November 2015 - Cradle Coast Authority - Board Meeting - 10 November 2015

9.0

Outcome

CLOSURE

There being no further business the Mayor declared the meeting closed at <insert time> pm.