Agenda council meeting 20 october 2014 by Devonport City Council

NOTIICE OF MEE ETING hereby giv ven that an n ordinary M Meeting of the Devo onport Cityy Council will w be held d Notice is h in the Council Cham mbers, on Monday 2 20 October 2014, commencing g at 6:00pm m with the e Confidenttial Items. he public a at 7.15pm. The meetiing will be open to th

QUA ALIFIED PERS SONS dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e In accord 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 er 2014 15 Octobe

AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 20 OCTOBER 2014 AT THE COUNCIL CHAMBERS AT 6:00PM Item

Page No.

1.0

APOLOGIES

2.0

DECLARATIONS OF INTEREST

3.0

CLOSED SESSION - CONFIDENTIAL MATTERS ................................................ 33

4.0

PUBLIC QUESTION TIME ............................................................................ 34

5.0

CONFIRMATION OF MINUTES...................................................................... 34

5.1

Minutes of an Council meeting held 22 September 2014...................................................... 36

6.0

WORKSHOPS & BRIEFING SESSIONS ............................................................ 37

6.1

Workshop and Briefing Sessions held since the last Council meeting (D343793)............... 37

7.0

PLANNING AUTHORITY MATTERS ................................................................ 39

7.1

Assessment of the merit of representations received following the exhibition of documents associated with an application for Dispensation and a Planning Permit - 23-61 Tarleton Street, East Devonport (D341895) ...................................................... 40

8.0

NOTICES OF MOTION ............................................................................... 87

8.1

Base - Police Sea Patrol Vessel - Ald G B Kent (D343067)....................................................... 87

8.2

Purchase of Western Pontoon - Mersey River - Ald A J Jarman (D344095)......................... 88

9.0

MAYORAL REPORT ................................................................................... 89

9.1

Mayor's Monthly Report (D343758)............................................................................................. 89

10.0

GENERAL MANAGER'S REPORTS ................................................................. 92

10.1

Code for Tenders and Contracts (D333889)............................................................................. 92

10.2

General Manager's Report - October 2014 (D342848) ......................................................... 110

10.3

2014/15 Annual Plan update - 30 September 2014 (D343214) ........................................... 129

10.4

Infrastructure and Works Committee Meeting - 6 October 2014 (D343880) .................... 154

10.5

Draft Unconfirmed Minutes - Local Government Association of Tasmania General Meeting - 24 September 2014 (D344394) ................................................................ 158

10.6

Community Services Committee Meeting - 13 October 2014 (D344500) ......................... 184

10.7

Minutes - Annual General Meeting - 13 October 2014 (D344517) ..................................... 191

11.0

CUSTOMERS AND COMMUNITY REPORTS ................................................... 198

11.1

Draft Community Safety Strategy (D343935).......................................................................... 198

11.2

Review of Council Special Committees and Controlling Authority (D344088) ............... 248

11.3

Minutes of the Tiagarra Special Committee (D343494)........................................................ 258

12.0

TECHNICAL AND FINANCE REPORTS .......................................................... 266

12.1

Sorell Street Service Laneway - Parking Review (D343104).................................................. 266

12.2

Contract 1277 Stony Rise Road & Middle Road Roundabout Construction (D343298) ...................................................................................................................................... 271

CLOSURE ........................................................................................................... 275

PAGE 33 Report to Council meeting on 20 October 2014

3.0

CLOSED SESSION

RECOMMENDATION That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2005 the following be dealt with in Closed Session;

Item No

Matter

Local Government (Meeting Procedures) Regulations 2005 Reference

3.1

Applications for Leave of Absence

15(2)(i)

3.2

Unconfirmed minutes - Cradle Coast 15(2)(f) Authority Board meeting & Dulverton Regional Waste Management Authority Representatives meeting

3.3

Imaginarium Science Centre

ITEM 4.0

15(2)(f)

PAGE 34 Report to Council meeting on 20 October 2014

4.0

PUBLIC QUESTION TIME

4.1

RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS

4.2

QUESTIONS ASKED AT THIS MEETING

There were no questions from the September Council meeting that required a written response.

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 -

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 writtn question will be included in the minutes as well as any written answer or summary of that answer to that question.

ITEM 4.1

PAGE 35 Report to Council meeting on 20 October 2014

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.

ITEM 4.1

PAGE 36 Report to Council meeting on 20 October 2014

5.0

CONFIRMATION OF MINUTES

5.1

COUNCIL MEETING - 22 SEPTEMBER 2014

RECOMMENDATION That the Minutes of the Council meeting held on 22 September 2014 as circulated be taken as read and confirmed.

ITEM 5.0

PAGE 37 Report to Council meeting on 20 October 2014

6.0

WORKSHOPS & BRIEFING SESSIONS

6.1

WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING

Council is required by Regulation 8(2)(c) of the Local Government (Meeting Procedures) Regulations 2005 to include in the Agenda the date and purpose of any Council Workshop held since the last meeting. Date

Description

Purpose

29/09/2014

Imaginarium Science Centre Follow up from a previous discussion on Funding request the request from the operators of the Imaginarium for Council to provide additional ongoing funding to the Centre. ‘Reclaim the Kerb’ Project

“Reclaim the Kerb” is a community program where residents access the nature strip area for growing vegetable and fruit trees cooperatively. Discussion on whether this is something that Council wants to support in Devonport.

Review of Special Committees

Feedback from all Committees on the continuation, winding up, absorbing or amalgamating of current committees was discussed.

Tiagarra

Feedback provided on information received as a result of Council officers meeting with stakeholders and the State Government.

Opening Hours Aquatic Centre

Splash Proposed summer operating hours at the Aquatic Centre.

Draft Code for Tenders and Section 333A of the Local Government Contracts Act 1993, sets out Council’s requirements regarding the calling of tenders. The current Code has been reviewed and will be presented to Council for adoption. Proposed Amendments to Consultation on an amendment Bill Local Government Act 1993 re relating to the provision of new Code of Code of Conduct Conduct legislative requirements for elected members. Review of Local Government Advice has been received from the (General) Regulations 2005 Department of Premier and Cabinet that the Local Government (General) Regulations 2005 will expire on 29 June 2015 and must be replaced or remade by this time. ITEM 6.1

PAGE 38 Report to Council meeting on 20 October 2014

RECOMMENDATION

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

ITEM 6.1

PAGE 39 Report to Council meeting on 20 October 2014

7.0

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 Item 7.1. 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 item is to be dealt with at the meeting of Council in its capacity as a Planning Authority. 7.1

Assessment of the merit of representations received following the exhibition of documents associated with an application for Dispensation and a Planning Permit 23-61 Tarleton Street, East Devonport (D341895)

ITEM 7.1

PAGE 40 Report to Council meeting on 20 October 2014

7.1

ASSESSMENT OF THE MERIT OF REPRESENTATIONS RECEIVED FOLLOWING THE EXHIBITION OF DOCUMENTS ASSOCIATED WITH AN APPLICATION FOR DISPENSATION AND A PLANNING PERMIT 23-61 TARLETON STREET, EAST DEVONPORT File: 29517 D341895

RELEVANT PORTFOLIO Technical and Finance 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

SUMMARY This report provides an assessment of the merit of representations from the public following the exhibition of documents associated with a combined application for dispensation and a planning permit to operate a resource processing business at 23-61 Tarleton Street, East Devonport.

BACKGROUND Council at its meeting on 25 August 2014 determined (Minute 209/14 refers) to exhibit the documents associated with an application by Neil Shephard and Associates, on behalf of Tascot Property Pty Ltd, for a combined dispensation and Planning Permit for a period of three weeks in accordance with the requirements of section 30U of the Land Use Planning and Approvals Act 1993 (LUPAA). The dispensation application was to remove the existing General Residential zoning from the property at 23-61 Tarleton Street and to apply instead the provisions of the Light Industrial zone. The Planning Permit application was to operate a resource processing (potato packing) business which is an allowable (discretionary) use in the Light Industrial zone. Section 30V of LUPAA requires Council to provide a report to the Tasmanian Planning Commission (TPC) about any representations received during the exhibition period within 35 days of the end of that period. In this case a report must be provided to the TPC on or before the 24 October 2014. Section 30V (5) of LUPAA provides that the report to the TPC is to contain: (a)

a copy of each representation;

(b)

a statement as to the planning authority’s opinion of the merit of each representation, including its views as to the need to modify its decision in consideration of the merit of any representation received; and

(c)

a statement as to the merit of the relevant exhibition documents and as to whether the planning authority recommends any modification of any permit included in those documents or any conditions on such a permit.

ITEM 7.1

PAGE 41 Report to Council meeting on 20 October 2014

It should be noted that although Council’s resolution, made at its meeting on 25 August 2014, was to support the application for dispensation and to grant a draft Planning Permit (with conditions), final approval must come from the TPC which is at liberty to grant the dispensation with or without modifications or to refuse to grant the dispensation as it sees fit. The TPC, in relation to the application for dispensation, is required by section 30W of LUPAA to hold a hearing in relation to each of the representations contained in the report although it may consolidate any of those representations if it sees fit. The TPC may only grant a dispensation if it is satisfied that the dispensation: (a)

would not conflict with a common provision in the interim planning scheme that applies to the area of land; and

(b)

would further the objectives set out in Schedule 1; and

(c)

would be in accordance with all State policies; and

(d)

would be in accordance with the regional land use strategy for the regional area in which the land is situated; and

(e)

is consistent with the safety requirements set out in the standards prescribed under the Gas Pipelines Act 2000; and

(f)

as far as practicable, will not conflict with a use, or development, in respect of land next to the land to which the application relates, that is a use or development permissible under the relevant interim planning scheme.

At the same time section 30Y of LUPAA requires the TPC to also make a decision in relation to the application for a Planning Permit. If it decides to refuse the application for a dispensation it must automatically refuse the application for a Planning Permit. If, however, the TPC has approved the application for a dispensation it can either: 

confirm the decision of the planning authority in relation to the permit; or



refuse to grant the planning permit; or



modify or delete conditions or restrictions attached to the permit or add new conditions or restrictions to the permit.

The TPC is required to make a decision in relation to the application within three months of receiving Council’s report.

STATUTORY REQUIREMENTS This process is subject to the provisions of the Land Use Planning and Approvals Act 1993.

DISCUSSION During the exhibition period ten written representations were received. The content of those representations is set out below together with an assessment of the merit of each representation.

ITEM 7.1

PAGE 42 Report to Council meeting on 20 October 2014

Representation by Alana Walker via Council website on 8 September 2014. Representation

Consideration of Merit

Hello I was just wanting to put forward my This is a general comment and does not views on the factory proposal for East deal with any particular planning issues in Devonport, I believe the area close to the relation to this application. port should remain industrial and it seems the rezoning to residential just has not worked. It just seems obvious the need for jobs to sustain the lifestyle of East Devonport residents is evident. 2.

Representation by Greg Smith received on 16 September 2014. Representation

Consideration of Merit

1. As a past committee member of the Eastern Shore committee we sort (sic) community consultation to change the re-zoning from light industrial back to closed residential

Community consultation requirements have been met by compliance with the requirements of Section 30U of the Land Use Planning and Approvals Act 1993 by:  publishing notice of the applications in The Advocate on Saturday 30 August 2014; and  by exhibiting all documents associated with both applications at Council’s Best Street offices and on Council’s website for a period of 3 weeks; and  representors will be entitled to be heard in hearings that the TPC is required to hold by virtue of section 30W (1) of LUPAA.

2. Also on the grounds of once it went back to closed residential the valuer general raised the values of all properties bordering Tarleton Street, Brooke Street and North Caroline Street and Council increased the rates accordingly. No meeting has since taken place with public consultation to change it back from closed residential to light industrial. I feel Council has adopted the Connell Wagner Urban design report and they should stick to that report, given that there was a time frame included in that report of 20 years.

Land valuations are the Valuer General. on Council files that “special occasion” rezoning of the land.

at the prerogative of There is no evidence the revaluation was a associated with the

Council at its meeting on 8 November 2004 adopted the Connell Wagner Urban Design Framework Report (the Report) of September 2004 “in principle”, and an Action Plan for the implementation of the Report’s recommendations was approved on 14 February 2005. The argument put forward by the applicant in this matter, and already accepted by Council in resolving to support the application for dispensation, is that although the Report of September 2004 may have included a 20 year timeframe much of the developments listed in it have not in fact commenced.

ITEM 7.1

PAGE 43 Report to Council meeting on 20 October 2014

It is a fact that the bulk of the works carried out to date, that can be identified as being linked to recommendations in the Report have been publicly funded. These include significant road and street beautification works where Government grants were made available. The framework Report listed numerous other improvements and changes. For example there was a recommendation for a rail link between East and West Devonport. The Abel Tasman caravan park was to be demolished and replaced with an inland marina featuring restaurants, commercial and residential activity, public amenities and tourist accommodation. The concept plan also shows a rubber wheeled tram operating a circuit around the area. None of this has occurred. What is relied on by this and other representors is that the land in question was to be rezoned to cater for residential development. The report, however, predicates that occurrence on population growth and the affordability of the land. There has been no population growth, and a later report prepared for the liquidator of the former carpet factory estimated that significant costs would be involved in repatriating this particular land to a stage where it would be fit for residential use. Community consultation requirements have been met by compliance with the requirements of section 30U of the Land Use Planning and Approvals Act 1993 by:  publishing notice of the applications in The Advocate on Saturday 30 August 2014; and  by exhibiting all documents associated with both applications at Council’s Best Street offices and on Council’s website for a period of 3 weeks; and  representors will be entitled to be heard in hearings that the TPC is required to hold by virtue of section 30W (1) of LUPAA. 3. The new property owner understood Council is unable to comment on this when he purchased the factory for statement. $400,000 that it was closed residential ITEM 7.1

PAGE 44 Report to Council meeting on 20 October 2014

and now stands to make a win (sic) fall of $4.8 million if it reverts back to light industrial. 4. Traffic - truck movements on Tarleton Street will increase by 12 movements per day. Giving that this is a residential area near a Primary school.

Both Tarleton Street and Brooke Street are classified as major roads in the Cityâ&#x20AC;&#x2122;s road network and are designed to service significant commercial and industrial operations. This proposal is not viewed as significantly increasing any risk to the public or adversely affecting the road infrastructure.

5. A218742 Review Values - factory closed down, land zoned residential, no ongoing rights, asbestos issues, building NAV values effective as at 1st July 2012.

The purpose of the application for a dispensation is to amend the zoning so that the proposed use is allowed. This in turn addresses the issue of use rights. The draft Planning Permit already supported by Council contains conditions which deal with any asbestos issues.

Representation by R J Burgess received 18 September 2014. Representation

Consideration of Merit

I object to the above Application for Dispensation from the Interim Planning Scheme and Permit because they are contrary to the general residential zoning for this area and approval will compromise and undermine the use and development of adjacent properties for residential use.

The objection fails to provide any detail as to how and why the granting of a dispensation would â&#x20AC;&#x153;compromise and undermineâ&#x20AC;? adjacent residential properties.

I am particularly concerned that the Application and Permit ore being treated as a fait accompli because of the remodelling and degrading (sic) work already done to this site surreptitiously for the purpose of converting if to use as a potato factory, with a total disregard for the approval and assessment process. Why has this work been done without prior approval and council intervention? Approval of this site for redevelopment and the use as a potato factory is totally inappropriate and should be rejected. Failure to do so will create another precedent for rezoning land in the Pardoe Downs area for use as light industry. 4.

Much of the work that has been carried out at the site can be classified as maintenance which is not prohibited by the Interim Planning Scheme (IPS). The conditions attached to the draft Planning Permit will lead to the remediation of the site and will ensure that the amenity of the surrounding neighbourhood is protected from the risk of the buildings on site becoming dilapidated. Although not relevant to the assessment of the merit of this representation it should be noted that on the one occasion when Council officers did detect a breach of the IPS, an application was made and a formal Order was obtained from the Resource Management and Planning Appeals Tribunal to prevent any further unlawful activity until the application for dispensation has been determined.

Representation by Colin Rockliff received on 18 September 2014.

This is a handwritten submission and for that reason it is summarised. The document itself is in the attachments. ITEM 7.1

PAGE 45 Report to Council meeting on 20 October 2014

Representation

Consideration of Merit

1. Disappointed that there has not been Community consultation requirements have further consultation with residents. been met by compliance with the requirements of section 30U of the Land Use Planning and Approvals Act 1993 by:  publishing notice of the applications in The Advocate on Saturday 30 August 2014; and  by exhibiting all documents associated with both applications at Council’s Best Street offices and on Council’s website for a period of 3 weeks; and  representors will be entitled to be heard in hearings that the TPC is required to hold by virtue of section 30W (1) of LUPAA. 2. Increased traffic will damage roads and Both Tarleton Street and Brooke Street are endanger students at the primary classified as major roads in the City’s road network and are designed to service school. significant commercial and industrial operations. This proposal is not viewed as significantly increasing any risk to the public or adversely affecting the road infrastructure. 3. Believes other businesses are planned This is not relevant to Council or TPC for this building. considerations. The planning application was for resource processing only and that is what the draft Planning Permit allows. Any other activity would be a breach of the planning conditions. 4. Complains different standards are Each development application is applied to East as against West considered on its merit within the framework Devonport. provided by the IPS and relevant State Policies and Planning Directives, regardless of where in the City it occurs. 5. States that this is prime residential land.

This would appear to rely on statements within the Connell Wagner Framework Report that have been effectively rebutted by the applicant’s submission. Information provided by the applicant together with detailed reports about the costs involved in the remediation of the site commissioned by the liquidator at the time the carpet factory ceased operations, not including the added cost of demolishing the building, suggest it is unlikely that residential development would occur on this land in the foreseeable future.

ITEM 7.1

PAGE 46 Report to Council meeting on 20 October 2014

Representation by Kaye Gough received 18 September 2014.

This is a handwritten submission and for that reason it is summarised. The document itself is in the attachments. Representation

Consideration of Merit

Does not believe there should be any The representor does not state any specific industrial activity in this area. planning reasons as to why the area is inappropriate for industrial activity. 6.

Representation by Brian Richards received 18 September 2014. Representation

Consideration of Merit

I wish to object to the dispensation 2014.02 and permit PA2014.0091 seeks to; set aside the whole provisions of the General Residential zone as they relate to 23-61 Tarleton Street, East Devonport (CT127085/1). Apply the provisions of the Light Industrial zone as contained in the Devonport Interim Planning Scheme 2013 to 23-61 Tarleton Street, East Devonport {CT127085/1}; allow a potato packing and distribution activity {Resource Processing} to be undertaken at 23-61 Tarleton Street, East Devonport (CT127085/1) in accordance with specific conditions.

Council at its meeting on 8 November 2004 adopted the Connell Wagner Urban Design Framework Report (the Report) of September 2004 â&#x20AC;&#x153;in principleâ&#x20AC;?, and an Action Plan for the implementation of the Reportâ&#x20AC;&#x2122;s recommendations was approved on 14 February 2005.

The argument put forward by the applicant in this matter, and already accepted by Council in resolving to support the application for dispensation, is that although the Report of September 2004 may have included a 20 year timeframe much of the developments listed in it have On the grounds, this contravenes the not in fact commenced. Eastern Shore Urban Design plan as per the It is a fact that the bulk of the works carried Connell and Wager report. As being one of out to date, that can be identified as being the older born residents of the adjacent linked to recommendations in the Report area and attending along with many other have been publicly funded. These include residents the public meetings 'all agreeing significant road and street beautification this was the way future for East Devonport. ' works where Government grants were Closed residential bounded by Tarleton made available. Street, Brooke Street, North Caroline Street and Neely Street. This came to pass on the The framework Report listed numerous other 2nd of December 2006. All had worked well improvements and changes. For example with non-conforming use sites until now. The there was a recommendation for a rail link carpet factory has been sold by receivers. between East and West Devonport. The Capital $4,860,000. Sale price $165,000 on Abel Tasman caravan park was to be demolished and replaced with an inland sold for $400,000. marina featuring restaurants, commercial A218742 Review Values - Factory closed and residential activity, public amenities down, land zoned residential, no ongoing and tourist accommodation. The concept rights, asbestos issues, building NAV. Values plan also shows a rubber wheeled tram effective as at 1 July 2012. operating a circuit around the area. None Why are there people in authority pushing of this has occurred. for this rezoning? What is relied on by this and other What will the value of the site be after representors is that the land in question was to be rezoned to cater for residential rezoning? development. The report, however, ITEM 7.1

PAGE 47 Report to Council meeting on 20 October 2014

The areas heavy truck traffic on Tarleton predicates that occurrence on population Street and Brooke Street is getting worse. growth and the affordability of the land. There has been no population growth and and a later report prepared for the liquidator of the former carpet factory estimated that significant costs would be involved in repatriating this particular land to a stage where it would be fit for residential use. Both Tarleton Street and Brooke Street are classified as major roads in the City’s road network and are designed to service significant commercial and industrial operations. This proposal is not viewed as significantly increasing any risk to the public or adversely affecting the road infrastructure. Other statements are not relevant to the consideration of this application. 7.

Representation by Tony Butler received 18 September 2014. Representation

Consideration of Merit

1. It is closed residential; no one wants to This submission would appear to support build on the land next door because of Council’s position that it is better for the this ugly site and contamination. factory to be used for a purpose rather than left empty at the risk of becoming dilapidated. Information provided by the applicant together with detailed reports about the costs involved in the remediation of the site commissioned by the liquidator at the time the carpet factory ceased operations, not including the added cost of demolishing the building, suggest it is unlikely that residential development would occur on this land in the foreseeable future. 2. Why wasn't this site rehabilitated before This is not relevant to a consideration of this sale back to residential specifications? application. There is no legislation that would have required the previous owner to make the site ready for residential use prior to the sale to the current owner. 3. Part of the Connell and Wagner report for the next 20 years was to take East Devonport into the future as an attractive place to visit and live.

ITEM 7.1

PAGE 48 Report to Council meeting on 20 October 2014

The argument put forward by the applicant in this matter, and already accepted by Council in resolving to support the application for dispensation, is that although the Report of September 2004 may have included a 20 year timeframe much of the developments listed in it have not in fact commenced. It is a fact that the bulk of the works carried out to date, that can be identified as being linked to recommendations in the Report have been publicly funded. These include significant road and street beautification works where Government grants were made available. The framework Report listed numerous other improvements and changes. For example there was a recommendation for a rail link between East and West Devonport. The Abel Tasman caravan park was to be demolished and replaced with an inland marina featuring restaurants, commercial and residential activity, public amenities and tourist accommodation. The concept plan also shows a rubber wheeled tram operating a circuit around the area. None of this has occurred. What is relied on by this and other representors is that the land in question was to be rezoned to cater for residential development. The report, however, predicates that occurrence on population growth and the affordability of the land. There has been no population growth and a later report prepared for the liquidator of the former carpet factory estimated that significant costs would be involved in repatriating this particular land to a stage where it would be fit for residential use. 4. Heavy truck traffic is already expanding rapidly and passing through school zones and roundabouts, no more industry in this area please.

ITEM 7.1

PAGE 49 Report to Council meeting on 20 October 2014

Representation by Discovery Parks dated 3 June 2014 but received 19 September 2014.

This submission is summarised. The document itself is in the attachments. Representation

Consideration of Merit

The representor states that if this dispensation is granted the park could find itself in “an undesirable light industrial location”.

It is contended that the park is already in a “light industrial zone” due to the businesses that continue to operate in the general precinct albeit on existing use rights.

He also raises the issue of safety for members of the public and park guests through the increase in “heavy commercial traffic”.

It is considered that the amenity of the park would in fact be negatively impacted if the former carpet factory was left idle and subject to deterioration and vandalism. The proposed activity of resource processing will be carried out inside the building and because of the value of the machinery involved it is probable that security and maintenance will be a high priority for the owner. The conditions attached to the draft Planning Permit will also ensure that site contamination issues will be dealt with. Both Tarleton Street and Brooke Street are classified as major roads in the City’s road network and are designed to service significant commercial and industrial operations. This proposal is not viewed as significantly increasing any risk to the public or adversely affecting the road infrastructure.

Representation by Bradley McLennan received on 10 September 2014. Representation

Consideration of Merit

I support the council's decision to correct This submission is strongly in favour of the the mistake made in 2006 with the rezoning proposal to grant a dispensation and of the Tascot Building and surrounds back Planning Permit. to light industrial because: It repeats a number of the arguments made  The residential zone for the area has in the application that this site will not be been a terrible planning outcome with a required for residential development in the good building going to waste (and ruin if foreseeable future. it was not for the current proposal) and It also predicts that if the proposal is no prospects ever of it being used for successful it will be a catalyst for residential. employment and will stimulate further  The area is not needed for residential, at commercial development in the region. last count there was 80 vacant rental homes in East Devonport.  The area is needed as industrial for all our prosperity especially given its ITEM 7.1

PAGE 50 Report to Council meeting on 20 October 2014



 



10.

proximity to port and council should make all of East Devonport a "mixed zone" of residential, light industrial and commercial so a business proposal such as this is never again hamstrung. The proposal will improve remaining residential values by: 1. not having a dilapidated and deteriorating building in the precinct 2. having employment opportunities within walking distance 3. general local wealth creation and ongoing wealth distribution 4. maintenance of existing services The current packing proposal as submitted won't be seen, heard or smelt. The proposal is necessary for the "living city", without employment and good buildings being used we have no lifestyle or worthwhile life. The proposal will be seen as a catalyst for like projects on the North West Coast and tell developers and investors they "can do" in Devonport. The proposal will add value to Tasmanian farm produce, farms and farming. Representation by Clyde Eastaugh, Jan Eastaugh, Lynne Dolbey, Vonda Morris, Maureen Clarke and Sharifa Syed Rohan received on 19 September 2014.

This is a lengthy submission and a summary is set out below. The main contention is that the rezoning to residential in 2006 was a correct decision and that the principles of the Connell Wagner Report remain valid. The full submission is included in the attachments. Representation

Consideration of Merit

The representation argues that the rezoning in 2006 was based on widespread community consultation and that the principles of the Connell Wagner Report were based on a 20 year cycle.

ITEM 7.1

PAGE 51 Report to Council meeting on 20 October 2014

out to date, that can be identified as being linked to recommendations in the Report have been publicly funded. These include significant road and street beautification works where Government grants were made available. The framework Report listed numerous other improvements and changes. For example there was a recommendation for a rail link between East and West Devonport. The Abel Tasman caravan park was to be demolished and replaced with an inland marina featuring restaurants, commercial and residential activity, public amenities and tourist accommodation. The concept plan also shows a rubber wheeled tram operating a circuit around the area. None of this has occurred. What is relied on by this and other representors is that the land in question was to be rezoned to cater for residential development. The report, however, predicates that occurrence on population growth and the affordability of the land. There has been no population growth and a later report prepared for the liquidator of the former carpet factory estimated that significant costs would be involved in repatriating this particular land to a stage where it would be fit for residential use. The representors state that they are This application is not for rezoning of a opposed to the rezoning of “the precinct” “precinct”. It deals only with the property at from General Residential to Light Industrial. 23-61 Tarleton Street, East Devonport. The representation suggests that the costs involved in repatriation of the land to make it available as residential land is not relevant and is a matter for the property owner.

Council, in making a decision to support the application for dispensation, was cognisant of the fact that the costs of making the land suitable for residential development are prohibitive in the current economic climate.

It also suggests that there are other uses in the use table for the General Residential While it is true that other uses are listed in zone that could be applied to this site. the use table for the General Residential zone nobody other than the current owner has come forward with a proposal for any such use or development. The representors have concerns about the The hours of operation of any business can hours of operation, increased truck traffic be regulated through conditions attached and the potential for environmental to a Planning Permit. emissions. This application is for use as a whole potato processing and packing operation. It will ITEM 7.1

PAGE 52 Report to Council meeting on 20 October 2014

be conducted inside the building and will not pose a noise issue. The raw product will not be “treated”, cooked or otherwise processed so there is little chance of any other environmental emissions. Both Tarleton Street and Brooke Street are classified as major roads in the City’s road network and are designed to service significant commercial and industrial operations. This proposal is not viewed as significantly increasing any risk to the public or adversely affecting the road infrastructure. The representors claim that if the dispensation is granted other unspecified businesses will also operate from the premises.

The application is for a specific use only, being resource processing (potato packing). This is reflected in the draft Planning Permit which is for that use only.

The representation claims that East Devonport is popular as a “dormitory area”. It states that because of this there is a need for affordable residential land.

Council planning records do not support the contention that there is a high demand for residential development in East Devonport. The statement about “affordable land” confirms that given the known costs of preparing the subject site for residential development it does not fall into the category of “affordable”.

Two other representations were received, from W Hilditch and M J Bauls. They cover the same ground that has been discussed in other representations assessed in this report. As they were received outside the three week exhibition set down in LUPAA they are not dealt with in this report. They are, however, included in the attachments for information purposes.

COMMUNITY ENGAGEMENT Community consultation requirements have been met by compliance with the requirements of section 30U of the Land Use Planning and Approvals Act 1993 by   

publishing notice of the applications in The Advocate on Saturday 30 August 2014; and by exhibiting all documents associated with both applications at Council’s Best Street offices and on Council’s website for a period of three weeks; and representors will be entitled to be heard in hearings that the TPC is required to hold by virtue of section 30W (1) of LUPAA.

FINANCIAL IMPLICATIONS There are no financial implications associated with this report.

ITEM 7.1

PAGE 53 Report to Council meeting on 20 October 2014

RISK IMPLICATIONS 

Political/Governance There will be some community opposition to any decision to allow the establishment of this new business. It is noted, however, that the number of objections made about the proposed use is small in relation to the overall size of the East Devonport community.

CONCLUSION Council has complied with the requirements of the Land Use Planning and Approvals Act 1993 by exhibiting all documents in relation to an application for dispensation and a Planning Permit to operate a resource processing (potato packing) business in premises at 23- 61 Tarleton Street, East Devonport. During the exhibition period ten representations were received from members of the public. Two of those representations were in support of the proposed use and the other eight listed objections. Two other representations were received outside the exhibition period and the merits of those representations have not been dealt with in this report. They do, however, canvass many of the same issues raised by other representors and are included in the attachments. Some of the objectors listed concerns that are not relevant to the consideration of the application for dispensation by either Council in its role as a planning authority or the Tasmanian Planning Commission. A common theme from the objectors is that the Connell Wagner Framework Report of September 2004 was the basis for a residential strategy for East Devonport for 20 years. This is not technically correct as the Report dealt with commercial, transport, road networks, street beautification and other social and economic aspects in addition to any strategic residential planning. This is clearly established in the introduction to the Report which states that the purpose of the Urban Design Framework is:      

To provide and clarify urban design visions and strategic directions. To identify preferred land use and development options that recognise the importance of the port. To identify improvements to the visual quality of entrances and thoroughfares in the town. To identify improvements to vehicular and pedestrian traffic routes and linkages. To identify areas of significance (ie. landscape, buildings, historical or cultural features, natural features); and To identify improvements to Devonport East's functions and to strengthen the role of the town within the regional context.

Of the developments set out in the framework that have taken place it can be demonstrated that most of it has been publicly funded. In particular traffic improvements and street beautification were funded from government grants. Many of the “developments” planned for East Devonport in the framework relied on population growth and this has not occurred. Without population growth it is unlikely that there will be a demand for residential land over and above what stocks are already available.

ITEM 7.1

PAGE 54 Report to Council meeting on 20 October 2014

In relation to the land at 23-61 Tarleton Street, which is the subject of this report, the significant costs associated with remediating the site are set out in a report prepared for the liquidator of the carpet factory by Geoton. Those costs, together with the known costs of demolishing the factory buildings and installing the infrastructure necessary for residential development, when taken in the context of current land values in the area would mitigate against any viable residential development for the foreseeable future. A second common theme is that increased heavy traffic movement associated with the proposed use would pose a danger to pedestrians and damage the road surface. Both Tarleton Street and Brooke Street are classified as major roads in the Cityâ&#x20AC;&#x2122;s road network and are designed to carry significant traffic movements associated with existing commercial and industrial activity in the area. The likely traffic movements proposed for this use are not assessed as being likely to make any significant further impact on either safety or in damaging the road infrastructure. It is proposed that there is nothing of sufficient merit in the representations to cause Council, in its role as a planning authority, to modify its decision to support the application for a dispensation. It is further suggested that there is nothing of sufficient merit in the representations to cause Council, again in its role as a planning authority, to recommend any modification of the draft Planning Permit included in the exhibition documents or any conditions attached to that draft Planning Permit. It is submitted that the appropriate course of action is for Council to now submit the exhibition documents and the representations to the Tasmanian Planning Commission with a report pursuant to the requirements of section 30V of LUPAA recommending the approval of the application for a dispensation, together with the approval of the draft Planning Permit.

ATTACHMENTS 1.

Representation by Alana Walker

Representation by Greg Smith

Representation by R A Burgess

Representation by Colin Rockliff

Representation by Kaye Gough

Representation by Brian Richards

Representation by Tony Butler

Representation by Discovery Parks.

Representation by Bradley McLennan

10.

Representation by Clyde Eastaugh on behalf of himself and others

11.

Representation by M J Bauls

12.

Representation by W Hilditch

ITEM 7.1

PAGE 55 Report to Council meeting on 20 October 2014

RECOMMENDATION That Council receive this report; and that a report be provided to the Tasmanian Planning Commission in accordance with the requirements of section 30V of the Land Use Planning and Approvals Act 1993, stating that Council as a planning authority does not consider there is sufficient merit in the representations received during the exhibition period that would cause it to modify its decision to support the application for a dispensation, or to recommend any modification of the draft Planning Permit included in the exhibition documents or any conditions attached to that draft Planning Permit.

Author: Position:

Brian May Development Manager

and

Health

Services

Endorsed By: Position:

ITEM 7.1

Matthew Atkins Deputy General Manager

PAGE 56 Representatio R on by Alana Walker

ATTTACHMENT [1 1]

ITEM 7.1

PAGE 57 Representatio R on by Alana Walker

ATTTACHMENT [1 1]

ITEM 7.1

PAGE 58 Representatio R on by Greg Smith

ATTTACHMENT [2 2]

ITEM 7.1

PAGE 59 Representatio R on by Greg Smith

ATTTACHMENT [2 2]

ITEM 7.1

PAGE 60 Representatio R on by R A Burrgess

ATTTACHMENT [3 3]

ITEM 7.1

PAGE 61 Representatio R on by Colin Rockliff

ATTTACHMENT [4 4]

ITEM 7.1

PAGE 62 Representatio R on by Kaye Gough

ATTTACHMENT [5 5]

ITEM 7.1

PAGE 63 Representatio R on by Brian Richards

ATTTACHMENT [6 6]

ITEM 7.1

PAGE 64 Representatio R on by Tony Bu utler

ATTTACHMENT [7 7]

ITEM 7.1

PAGE 65 Representatio R on by Discov very Parks.

ATTTACHMENT [8 8]

ITEM 7.1

PAGE 66 Representatio R on by Bradley y McLennan

ATTTACHMENT [9 9]

ITEM 7.1

PAGE 67 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 68 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 69 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 70 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 71 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 72 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 73 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 74 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 75 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 76 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 77 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 78 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 79 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 80 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 81 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 82 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 83 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 84 Representatio R on by Clyde Eastaugh on behalf of him mself and oth hers

ITEM 7.1

ATTA ACHMENT [10 0]

PAGE 85 Representatio R on by M J Bauls

ATTA ACHMENT [11 1]

ITEM 7.1

PAGE 86 Representatio R on by W Hildiitch

ATTA ACHMENT [12 2]

ITEM 7.1

PAGE 87 Report to Council meeting on 20 October 2014

8.0

NOTICES OF MOTION

8.1

BASE - POLICE SEA PATROL VESSEL - ALD G B KENT File: 26999 D343067

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman G B Kent.

MOTION

“That the Council make representation to the State Government for positioning the base for the Police Department’s second all weather sea going patrol vessel at Devonport.”

ALDERMAN’S COMMENTS Recent publicity (21-08-2014) from the Government indicates that a replacement vessel for the Police Department would be provided for within the next two years. The new vessel to have all weather capability for use in all Tasmanian Waters. The central location of the Port of Devonport on the Northern coast in conjunction with the new Police Headquarters at Devonport furthers the support for the proposal. From an operational perspective the Port of Devonport is equal distance from both the North Eastern and North Western Islands and waters making for more economical operations and in emergencies decreased response times. OFFICER’S COMMENTS A media release issued by the State Government on 21 August 2014 indicated: The State Government is providing $5m over two years to the Department of Police and Emergency Management to fund the acquisition of a large vessel – with similar capabilities to the PV Van Diemen. $500,000 will be provided this financial year to undertake preliminary investigations; $4.5m will be made available in 2015-16 to fund the build or purchase of a new large vessel to maintain the operational effectiveness of the existing fleet. This resourcing commitment will ensure Tasmania Police has the ongoing capability to respond to life threatening incidents at sea, perform marine safety tasks, fisheries resources protection and security. The Van Diemen has a strong history of serving in Tasmania’s challenging offshore conditions, with the capacity to patrol safely out to 200 nautical miles off the coast in a range of circumstances and weather conditions. Advice and expertise will be sourced from external, independent specialists in order to mitigate all risks associate with the design build and procurement of the vessel.

ITEM 8.1

PAGE 88 Report to Council meeting on 20 October 2014

8.2

PURCHASE OF WESTERN PONTOON - MERSEY RIVER - ALD A J JARMAN File: 14110 D344095

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman A J Jarman.

MOTION

“That Council subject to the provision of external funding from a local philanthropist group to purchase the Western Pontoon previously utilised by the Torquay Ferry, and a guarantee from the operators of the Ferry to recommence its service; agree to: (a)

accept transfer of the pontoon to Council ownership;

(b)

accept the future maintenance and management responsibilities for the pontoon; and

(c)

authorise the General Manager to negotiate Council securing the Crown Land lease over the foreshore area adjacent to the pontoon.”

ALDERMAN’S COMMENTS I am asking for my fellow Aldermen to vote in the majority allowing Council to take ownership of the Western Pontoon, when purchased by a philanthropist group. If Council agrees to then take ownership of the pontoon and agree to maintain it including public liability this will enable the Ferry owners to commence ferry services once again for the community to use. OFFICER’S COMMENTS There are a number of issues associated with Council taking the action as outlined within the Notice of Motion including gaining a clear understanding on the current condition of the pontoon and the potential future impacts its ownership may have on Council. Having an agreement from the Ferry operators to recommence services is an important aspect of this decision, and this needs to occur prior to any purchase agreement being entered into with the current owner of the pontoon. Council is not responsible for the delivery of public transport – this is clearly a State Government responsibility. Ensuring that by agreeing to take ownership of the pontoon does not extend to an expectation of any other funding being provided to the Ferry operators in the future is also an important issue. When ceasing the service in June 2014 the operators had indicated that it was no longer economically sustainable due to the removal of a State Government subsidy and low patronage. Having the ownership of the pontoon clarified is obviously an advantage but it is hard to see how this alone will improve the financial viability of the service for the operators.

ITEM 8.2

PAGE 89 Report to Council meeting on 20 October 2014

9.0

MAYORAL REPORT

9.1

MAYOR'S MONTHLY REPORT File: 22947 D343758

RELEVANT PORTFOLIO General Manager 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 September 2014.

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 September 2014:                      

Planning Authority Committee Resident meetings Council Workshops WIN TV interview – scallops & dredging Devonport High School – School Leaders – LIVING CITY Advocate interview Devonport Eisteddfod Red Cross – rose planting recognising 100 years Premier Will Hodgman – Hobart – Aust Masters Games LGAT Allan Garcia – Hobart Roger Jaensch & Jeremy Rockliff – Hobart – Aust Masters Games Devonport Christian School Financial Assistance Committee Federal Minister for Tourism Andrew Robb & Brett Whiteley – Burnie – Aust Masters Games Devonport Rotary Club – LIVING CITY Devonport Eisteddfod Cradle Coast Authority Board – LIVING CITY – Burnie Eastern Shore Special Committee Mersey Leven Municipal Emergency Management – Sheffield Devonport Agricultural Show Society Great Escape 2014 Car Rally Cystic Fibrosis RU OK Day function ITEM 9.1

PAGE 90 Report to Council meeting on 20 October 2014

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

Radio 7AD fortnight interview Adam Sproule Events TAS - Aust Masters Games Cradle Coast Authority Tourism – Aust Masters Games LIVING CITY regional benefits consultancy – Food LIVING CITY regional benefits consultancy – Tourism operators St Brendan Shaw College Talent Show – Guest Judge LIVING CITY regional benefits consultancy – Retail LIVING CITY regional benefits consultancy – Government Jacqui Lambie – Official Office Opening – Burnie Devonport Eisteddfod – Showcase of Talent Governance & Finance Committee St Brendan Shaw College – student presentation LIVING CITY & Learning Communities Meercroft Park Special Advisory Committee Devonport Football Club, President Shane Yates Leonie Hiscutt MLC Southern Cross TV interview Devonport & Surrounds Tourism Assoc. Regional Gallery Special Committee Devonport Primary School – School Assoc. Devonport Football Club Learning Communities Zonta Club WIN TV interview – LIVING CITY Child & Family Health Centre East Devonport Devonport Primary School Walkathon Peter Bulte Spreyton Football Club Annual Dinner Mayor’s Charity Golf Cup Planning Authority Committee Council Ordinary Meeting School for Seniors Devonport Masonic Lodge - Centenary Celebration Devonport Bowls Club Nixon Street Primary School Parents & Friends LGAT General Meeting – Ulverstone Strategic Sport & Recreation Special Committee Citizenship Ceremony – 5 new citizens Young Achievers award Launch – Burnie Cradle Coast Authority – Burnie Cheryl Fuller - Burnie Spirit Cup – medallion presentations Spreyton Primary School – “A Swinging Summertime” performance CBMC Business Breakfast Miandetta Primary School – Footy Colours Day & Assembly Financial Assistance Working Group Council Workshop Roger Jaensch MP Cradle Coast Authority Aust Masters Games Committee - Burnie

ITEM 9.1

PAGE 91 Report to Council meeting on 20 October 2014

ATTACHMENTS Nil

RECOMMENDATION That the Mayorâ&#x20AC;&#x2122;s monthly report be received and noted.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 9.1

Paul West General Manager

PAGE 92 Report to Council meeting on 20 October 2014

10.0

GENERAL MANAGER'S REPORTS

10.1

CODE FOR TENDERS AND CONTRACTS File: 20502 D333889

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.1

Review and amend governance structures, policies and procedures to adapt to changing circumstances

SUMMARY To present a Code for Tenders and Contracts for consideration and adoption by Council.

BACKGROUND Council’s current Code for Tenders and Contracts was adopted on 19 March 2012. The current Code also includes guidelines relating to procurement. Procurement guidelines have been removed from the revised Code so that it relates purely to Tenders and Contracts. A Procurement Policy will be submitted to Council at a future meeting.

STATUTORY REQUIREMENTS Section 333A of the Local Government Act, 1993, sets out Council’s requirements regarding the calling of tenders. The revised Code for Tenders and Contracts meets all requirements of this Section of the Act. The Code must be reviewed at a minimum every four years. Regulations 23 to 29 of the Local Government (General) Regulations 2005 also sets out requirements relating to threshold for public tenders, open tenders, multiple-use registers, multiple-state tenders, non-application of public tender processes and codes for tenders and contracts.

DISCUSSION Council’s previous Code and the revised Code are both based on the Local Government Association of Tasmania’s (LGAT) statewide template but it has been adapted to take into account Council’s revised practices following an investigation by the Ombudsman. A number of recommendations were provided to Council management following this review. These include:    

Formal processes around the planning and evaluation of tenders; Changes to the composition of the Tender Planning and Evaluation Committee including a member of Council’s Finance Department; Improved governance processes including more extensive reporting and detailed documentation; Council’s reporting processes (e.g. Council meetings, Annual Report).

Whilst some training has been undertaken, more in-house training will be offered once the revised Code has been adopted to ensure all necessary requirements and processes are met. With potential changes to the Local Government (General) Regulations 2005, wording has been altered in the Code for the threshold amount for the calling of tenders. The Code refers to the amount being “the legislated prescribed amount in the Regulations”. This will ITEM 10.1

PAGE 93 Report to Council meeting on 20 October 2014

avoid the Code needing to be amended if the prescribed amount is changed under the proposed review of the Regulations (currently set at $100,000). A copy of the revised Code for Tenders and Contracts is provided as an attachment to this report.

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

FINANCIAL IMPLICATIONS There are no financial implications as a result of this report.

RISK IMPLICATIONS 

Legal/Governance Documents relating to tenders, contract and procurement assist in ensuring good governance processes are adhered to and the requirements of the Local Government Act, 1993 and the Local Government (General) Regulations 2005 (or successor legislation) are complied with.

CONCLUSION The revised Code for Tenders and Contracts is attached for consideration by Council. It has been revised to reflect issues which were highlighted by the Ombudsman’s office and also takes into account revised governance practices around the awarding of tenders and contracts.

ATTACHMENTS 1.

Revised Code for Tenders and Contracts

RECOMMENDATION That the Code for Tenders and Contracts be adopted with immediate effect.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 10.1

Paul West General Manager

PAGE 94 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

PAGE 95 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

PAGE 96 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

PAGE 97 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

PAGE 98 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

PAGE 99 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

P PAGE 100 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 101 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 102 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 103 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 104 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 105 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 106 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 107 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

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P PAGE 108 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

P PAGE 109 Revised R Code e for Tenderss and Contrac cts

ATTTACHMENT [1 1]

ITEM 10.1

PAGE 110 Report to Council meeting on 20 October 2014

10.2

GENERAL MANAGER'S REPORT - OCTOBER 2014 File: 29092 D342848

RELEVANT PORTFOLIO General Manager 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 17 September to 14 October 2014. 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.

Attended Council’s Annual General Meeting at the East Devonport Recreation and Function Centre on Monday 13 October 2014.

1.4.

Participated in a number of interviews for the position of Media and Communications Officer. Ms Karina Moore has been appointed to the role and commenced work with Council on 6 October 2014.

1.5.

Council was recently the subject of a ‘Building Standards and Occupation Licencing’ audit. The auditors spent the best part of a day at Council reviewing systems and procedures. A report will be provided in due course on any items which need to be attended as to a result of the audit process.

1.6.

Following the close of nominations for the 2014 Council Election, correspondence was forwarded to each of the candidates outlining the potential meeting arrangements directly following the election.

1.7.

Attended the Devonport Magistrate’s Court in relation to the ongoing rate payment dispute. As previously advised the Magistrate had found in Council’s favour however the ratepayer concerned had raised an issue regarding the ITEM 10.2

PAGE 111 Report to Council meeting on 20 October 2014

accuracy of the transcript from the hearing. On this basis the Magistrate requested that all parties return to Court to allow him to correct the record. Subsequently the matter was appealed to the Supreme Court with the first scheduled hearing set down for Monday 13 October 2014. At this hearing His Honour outlined procedural matters and issued instructions in preparation for a hearing within 42 days. 1.8.

Met with the Deputy Director of Local Government regarding the proposal for Council to review its rating methodology in line with the upcoming revaluation. The purpose of the meeting was to outline a data tool developed by the Local Government Office for Councils to use when undertaking rate modelling.

1.9.

Council has received a request from a number of residents in North Street to construct vegetable garden beds in the nature strip, after receipt of grant funding. As the nature strip is Council owned property a number of risk management issues require consideration. After discussion with Council’s insurers, it has been established that Council would be covered for public liability if a permit is issued outlining conditions of approval. Developing a process surrounding community gardens in nature strips would further ensure consistency in responding to future requests. This initiative aligns with Council’s recent grant funded food security project to increase access to local affordable fresh food, while improving social connectedness, health and well-being. Council officers will generate brief guidelines and a permit application process and assess applications from groups of residents against such criteria as location/useability of site (stormwater, utilities etc), design aspects (eg road, pedestrian clearance), and demonstration of neighbourhood support. The applicant would be responsible for construction, maintenance and returning the gardens to turf should a change in property lease or owner not support the project. It is believed that undertaking the initiative would require minor administrative operational costs from Council.

LIVING CITY 2.1.

Met with legal representatives who have provided advice to Council on contractual matters related to the LIVING CITY project.

2.2.

Involved in a discussion with the Chairman of the Independent Taskforce, Mr Royce Fairbrother relating to LIVING CITY.

COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.

Met with a ratepayer concerned that he had been charged a penalty for late payment of his rate instalment.

3.2.

Met with a local business person in relation to the Torquay Ferry and the potential obstacles in achieving its return to the river.

3.3.

Met with the Company Secretary of the TT-Line to discuss matters of interest. In particular clarification on issues relating to the Torquay Ferry was sought based on a correspondence to the Mayor from Phoenix Coaches. The issues raised and the advice provided were: 1.

The reopening by TT-Line of the walkway access between Spirit of Tasmania and the eastern shore Torquay pontoon – Response: the gate ITEM 10.2

PAGE 112 Report to Council meeting on 20 October 2014

will not be reopened to allow public access however TT-Line employees still have direct access to the pontoon across the marshalling area. Contrary to some views which have been suggested that the gate had been locked for “all access” the advice provided is it has always been maintained for staff access. 2.

Permission to place Torquay Ferry information on the Spirits of Tasmania – Response: TT-Line happy to facilitate having information relating to the Torquay Ferry on board the Spirits. An offer was also made to have signage placed in the terminal building at Devonport directing people to the Ferry.

TT-Line staff was previously provided with access to the Torquay Ferry at no cost to them individually. TT-Line met all costs through an account payment system. Anecdotal information is that it was previously a valued service and was well utilised by both shore based and ship personnel. The opportunity for the shore based staff to utilise the Torquay Ferry reduced when the timetable was adjusted and later crossings were introduced. There is every likelihood that if the Torquay Ferry resumed services that TT-Line staff would still be able to utilise it with the Company meeting the cost.

3.4.

With Alderman Wilson met with representatives of the Latrobe Speedway. This was an opportunity for a briefing to be provided on upcoming events to be staged at the Latrobe Speedway.

3.5.

Met with an East Devonport resident concerned with long standing and more recent planning matters which relate to various properties in East Devonport.

3.6.

Met with another ratepayer concerned that a penalty for the late payment of a rate instalment had been imposed on them.

3.7.

Attended a WorkSafe Tasmania event at the Devonport Entertainment and Convention Centre as part of Work Safe Month. For the first time this year WorkSafe Tasmania are running a number of activities in Devonport. Based on the attendance at this first event it would appear that the Devonport business community is supportive of this initiative.

NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.

Attended a meeting of the North West Branch of Local Government Managers Australia (LGMA). The meeting held in Burnie was an opportunity for regional council managers to share information and experiences. A presentation was provided by Burnie City Council on the proposed development of their new indoor aquatic centre.

4.2.

Attended a meeting of the Cradle Coast General Managers Group at which items including proposed planning reforms, continuous improvement programs, Christmas/New Year closures were discussed. Brett Smith the new CEO of Cradle Coast Authority also attended.

4.3.

Attended the Local Government Association of Tasmania General Meeting at Ulverstone. The minutes of this meeting have been circulated to Aldermen under separate cover. The motion that Devonport Council had listed on this agenda: That LGAT formally request the State Government to review and amend the Government’s procedures for the disposal of State owned public land, ITEM 10.2

PAGE 113 Report to Council meeting on 20 October 2014

including property acquired by default, by introducing prior sale conditions that: (a)

Requires the Government to have effectively dealt with any environmental rehabilitation and/or the removal of hazardous materials prior to offering the property for sale;

(b)

As part of the sale process, require prospective purchasers to provide details of the proposed future use of the site and include as a condition of sale that the property is to be developed within a specified timeframe; and

(c)

Make available to the public the results of any feasibility study accepted as part of a sale contract for re-development and future use of the site or premises consistent with the relevant planning scheme and zoning.

Following debate on the issue a part (d) was added as an amendment to the motion which effectively required that in all instances when the Government was considering the disposal of state owned property that the local council be provided with the ‘first right of refusal’. The motion in its amended form was adopted.

4.4.

As a Council appointed representative attended the Dulverton Representatives Meeting at Kentish Council. The minutes from this meeting were listed in the Closed Session section of the Council agenda.

4.5.

Dulverton Waste Management have provided their report to Owner Councils for inclusion in Annual Reports 2013/14. As the Council’s Annual Report was completed some time ago prior to the receipt of this information, the statement is provided as an attachment to this report.

STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.

With the Mayor met with Roger Jaensch MP to discuss local matters of interest including:      

5.2.

LIVING CITY State Budget Learning Communities Australian Masters Games Torquay Ferry Budget Airline

Council at its meeting on 25 August 2014 determined: “That Council notes overwhelming public and local government support for the trial for medicinal cannabis for Tasmanians and calls on the Tasmania Government to reconsider its position and allow a clinical trial on the production, processing and administration of medicinal cannabis in Tasmania whilst the Legislative Council Parliamentary Committee continues its work in this space”. The Minister for Health, Michael Ferguson MP has responded on behalf of the Tasmanian Government advising that the State Government has now indicated its preparedness to allow clinical trials of cannabis providing there are all the necessary protections for public health and safety. A copy of the letter from the Minister is provided as an attachment. ITEM 10.2

PAGE 114 Report to Council meeting on 20 October 2014 5.3.

Council has received formal advice from The Hon Warren Truss MP, Minister for Infrastructure and Regional Development of Councils funding allocation under the Roads to Recovery Programme for 1 July 2014 to 30 June 2019 as follows: â&#x20AC;&#x153;In addition to our commitment to maintain Roads to Recovery funding at the current level of $350 million per annum, the 2014 Budget announced that a further $350 million will be provided in 2015-16. This brings total funding for the programme to $2. 1 billion over the five years to 2018-19 and the additional funding in 2015-16 means that each council will receive the equivalent of one extra year's Roads to Recovery funding. A total of $68.4m has been allocated to TAS, which has been divided between the councils in the State on the basis of the 2014-15 recommendations of the Local Government Grants Commission for the roads component of the Financial Assistance Grants. This methodology is consistent with the allocation of Roads to Recovery funding for previous programmes. Your Council's life of programme allocation for the period 1 July 2014 to 30 June 2019 will be $2,246,603. This amount includes the double payment in 2015-16 and is allocated as follows:

Financial Year 2014-15 2015-16 2016-17 2017-18 2018-19 6.

Allocation $374,434 $748,868 $374,434 $374,434 $374,434

OTHER 6.1.

In the lead up to the Christmas/New Year period the following proposed arrangements are for the various activities of Council: Date

22nd

Monday, December

Open

City Office

8:30am

5:00pm

Operations

7:30am

4:30pm

DECC

8.30am

5.00pm

Art Gallery

10:00am

5:00pm

BSMC

10:00am

5:00pm

VIC

7:30am

3.30pm

EDRC

CLOSED

DRC

11:00am

ITEM 10.2

5:00pm

PAGE 115 Report to Council meeting on 20 October 2014

Date

Tuesday, 23rd December

Open

City Office

8:30am

5:00pm

Operations

7.30am

4.30pm

DECC

8.30am

5.00pm

Art Gallery

10:00am

5:00pm

BSMC

10:00am

5:00pm

VIC

7:30am

3:30pm CLOSED

EDRC

Wednesday, 24th December

DRC

11:00am

5:00pm

City Office

8.30am

2.00pm

Operations

7.30am

2.00pm

DECC

8.30am

2.00pm

Art Gallery

10:00am

2:00pm

BSMC

10:00am

5:00pm

VIC

7:30am

3.30pm CLOSED

EDRC 10:00am

DRC

2:00pm

City Offices Operations DECC 25th

Thursday, December

CLOSED â&#x20AC;&#x201C; Emergency number available for Operations

Art Gallery BSMC VIC EDRC DRC City Offices

CLOSED - Emergency number available for Operations

Operations DECC Friday 26th December

Art Gallery

1:00pm

10:00pm

BSMC

10:00pm

5:00pm

VIC

7.30am

3.30pm

EDRC CLOSED

DRC

ITEM 10.2

PAGE 116 Report to Council meeting on 20 October 2014

Date

Open City Offices

CLOSED – Emergency number available for Operations

Operations Monday, 29th to Wednesday, 31st December

DECC Art Gallery

1:00pm

5:00pm

BSMC

10:00pm

5:00pm

VIC

7.30am

3.30pm

EDRC

CLOSED

DRC City Offices

CLOSED – Emergency number available for Operations

Operations DECC 1st

Thursday December

Art Gallery

1:00pm

5:00pm

BSMC

10:00am

5:00pm

VIC CLOSED

EDRC DRC City Offices

8.30am

5:00pm

Operations

7:30am

4.30pm

DECC Friday 2nd December

CLOSED

Art Gallery

10:00am

5:00pm

BSMC

10:00am

5:00pm

VIC

7.30am

3.30pm

EDRC

CLOSED

DRC

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 Council’s 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.

ITEM 10.2

PAGE 117 Report to Council meeting on 20 October 2014

ATTACHMENTS 1.

Minster for Health - Medicinal Cannabis

Dulverton Waste Management - Report to Owner Councils

Action Report on Council Resolutions - October 2014

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

Author: Position:

Paul West General Manager

ITEM 10.2

P PAGE 118 Minster M for He ealth - Medic cinal Cannab bis

ATTTACHMENT [1 1]

ITEM 10.2

P PAGE 119 Dulverton D Wa aste Management - Report to Owner C Councils

ITEM 10.2

ATTTACHMENT [2 2]

P PAGE 120 Dulverton D Wa aste Management - Report to Owner C Councils

ITEM 10.2

ATTTACHMENT [2 2]

P PAGE 121 Dulverton D Wa aste Management - Report to Owner C Councils

ITEM 10.2

ATTTACHMENT [2 2]

PAGE 122 Action Report on Council Ressolutions - Octobe er 2014

ATTA ACHMENT [3]

ITEM 10.2

PAGE 123 Action Report on Council Ressolutions - Octobe er 2014

ATTA ACHMENT [3]

ITEM 10.2

PAGE 124 Action Report on Council Ressolutions - Octobe er 2014

ATTA ACHMENT [3]

ITEM 10.2

PAGE 125 Action Report on Council Ressolutions - Octobe er 2014

ATTA ACHMENT [3]

ITEM 10.2

PAGE 126 Action Report on Council Ressolutions - Octobe er 2014

ATTA ACHMENT [3]

ITEM 10.2

PAGE 127 Action Report on Council Ressolutions - Octobe er 2014

ATTA ACHMENT [3]

ITEM 10.2

PAGE 128 Action Report on Council Ressolutions - Octobe er 2014

ATTA ACHMENT [3]

ITEM 10.2

PAGE 129 Report to Council meeting on 20 October 2014

10.3

2014/15 ANNUAL PLAN UPDATE - 30 SEPTEMBER 2014 File: 26469 D343214

RELEVANT PORTFOLIO General Manager RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.5

Maintain and monitor a fully integrated strategic and business planning process that meets legislative requirements and provides an increased performance management reporting capacity across the whole organisation and with external stakeholders

SUMMARY To provide an update of progress of the 2014/15 Annual Plan as at 30 September 2014.

BACKGROUND Council adopted its 2014/15 Annual Plan on 23 June 2014. The Annual Plan outlines the actions to be undertaken this financial year to work towards achieving Council’s strategic goals.

STATUTORY REQUIREMENTS In accordance with Section 71 of the Local Government Act 1993, a Council is to prepare an Annual Plan for the municipal area for each financial year.

DISCUSSION The Annual Plan has been developed to guide Council in its actions to ensure the future aspirations of the Devonport community can be achieved. Highlights of the quarter include: Community Services 

Community Energy Efficiency Program (CEEP) Milestone 4 underway. Heating/cooling systems upgraded at the Devonport Community House, Eastern Shore Community House, Elanora and Keiko Childcare Centres.



National Tree Day held July 27 at Clayton Reserve, Spreyton. Over 70 volunteers planted 400 seedlings at the site.



‘Renew Devonport’ steering committee established and Memorandum of Understanding (MOU) formally adopted by Council. First ‘pop up’ shop expected to open in October.



The Colin Langridge 2014 Solo commission is currently being exhibited at Devonport Regional Gallery.

Corporate & Business 

Two Risk Service Reviews undertaken by Municipal Association of Victoria (MAV) – Road Closures and Events Management



Sub-committee of Consultative classification structure.

Committee

ITEM 10.3

commenced

review

existing

PAGE 130 0 uncil meeting on o 20 Octoberr 2014 Report to Cou

General M Manageme ent 

Workk commen nced on the develop pment of a new webssite and In tranet site.



Updated Cod de for Tenders and Contractss drafted for consid deration at Octoberr Council meetin ng.

Infrastructture, Workss & Development 

Review of exxisting Cyc cling Netw work Strate egy comm menced in ncluding comments c s rece eived durin ng public consultation c n period



Mastter Plan for LIVING CITY launch ed 7 Augu ust 2014. Community C y consultattion period d unde ertaken. Plan P adoptted by Cou uncil at its Septembe S er meeting..



Tend derlink (ele ectronic su ubmission ffor contracts and te enders) se rvices intro oduced in n July 2014.

ormance Organisattional Perfo 

4 of 9 recomm mendations from Stag ge 2 of the Financial Services S Re eview com mplete, with remaining g recomme endations u undergoing review. ANNUAL PLAN ACTION N STATUS O ORGANISATIO ON

Actions A on Track - 61.54% Actions A off Track - 38.46%

COMMUNITTY ENGAGEM MENT There wass no comm munity enga agement a as a result of this repo ort.

FINANCIAL IMPLICATIO ONS Budget im mplicationss are comm municated d to Alderm men separrately and do not fo orm part off this reportt.

RISK IMPLIC CATIONS It is not be elieved the ere are any y risks assoc ciated with h this reporrt.

CONCLUSIO ON The 2014//15 Annua al Plan Pro ogress Rep port as at 30 Septem mber 20144 is provide ed for the e informatio on of Alderrmen and the t comm munity.

ATTACHMENTS 1.

2014 4-15 Annua al Plan as at a 30 Septe ember 2014 4

ITEM 10.3

PAGE 131 Report to Council meeting on 20 October 2014

RECOMMENDATION That the 2014/15 Annual Plan quarterly report as at 30 September 2014 be received and noted.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 10.3

Paul West General Manager

P PAGE 132 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 133 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 134 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 135 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 136 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 137 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 138 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 139 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 140 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 141 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 142 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 143 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 144 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 145 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 146 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 147 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 148 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 149 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 150 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 151 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 152 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

P PAGE 153 2014-15 2 Annu ual Plan as att 30 Septemb ber 2014

ATTTACHMENT [1 1]

ITEM 10.3

PAGE 154 Report to Council meeting on 20 October 2014

10.4

INFRASTRUCTURE AND WORKS COMMITTEE MEETING - 6 OCTOBER 2014 File: 29528 D343880

RELEVANT PORTFOLIO General Manager 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 and Works Committee meeting held on Monday, 6 October 2014.

ATTACHMENTS 1.

Minutes - Infrastructure and Works Committee - 2014/10/06

RECOMMENDATION That the minutes of the Infrastructure and Works Committee held on Monday, 6 October 2014 be received and the recommendations contained therein be adopted. IWC 12/14

Victoria Parade Public Toilet Closure (D337800)

IWC 13/14

Draft Road Network Strategy Review (D337742)

IWC 14/14

Cradle Coast Waste Management Group Recycling Bin Assessment Report (D341498)

IWC 15/17

Infrastructure and Works Report (D341501)

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 10.4

Paul West General Manager

PAGE 155 Minutes - Infrastructure and Works Committee - 2014/10/06

ATTACHMENT [1]

MINUTES OF AN INFRASTRUCTURE AND WORKS COMMITTEE OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 6 OCTOBER 2014 COMMENCING AT 6:00PM PRESENT:

Ald W M Squibb (Chairman) Ald G B Kent Ald G F Goodwin Ald P G Hollister Ald L M Laycock

Aldermen in Attendance: Ald S L Martin Ald A L Rockliff Council Officers: General Manager, P West Deputy General Manager, M Atkins Infrastructure and Works Manager, K Lunson City Engineer, M Williams

1.0 APOLOGIES The following apology was received for the meeting. Ald Keay

Apology

2.0 DECLARATION OF INTEREST There were no Declarations of Interest.

3.0 PROCEDURAL 3.1

PUBLIC QUESTION TIME 3.1.1 Responses to Questions raised at prior meetings Nil 3.1.2 Questions on notice from the public Nil 3.1.3 Questions without notice from the public Nil

3.2

QUESTIONS ON NOTICE FROM ALDERMEN Nil

3.3

NOTICE OF MOTIONS Nil

4.0 TENDERS There were no tenders to consider.

ITEM 10.4

PAGE 156 Minutes - Infrastructure and Works Committee - 2014/10/06

ATTACHMENT [1]

5.0 INFRASTRUCTURE AND WORKS REPORTS 5.1

VICTORIA PARADE PUBLIC TOILET TRIAL CLOSURE (D337800) IWC 12/14 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Kent

That it be recommended to Council that the report from the Infrastructure and Works Manager regarding the current issues with the Victoria Parade toilets be received and noted and Council endorse proceeding with the closure of the Victoria Parade toilet block; and that the building be demolished when funding is available. Ald Squibb Ald Goodwin Ald Laycock

For √ √ √

Against Ald Kent Ald Hollister

For √ √

Against

CARRIED UNANIMOUSLY 5.2

DRAFT ROAD NETWORK STRATEGY REVIEW (D337742) IWC 13/14 RESOLUTION MOVED: SECONDED:

Ald Laycock Ald Hollister

That it be recommended to Council that the report of the City Engineer regarding the draft Devonport Road Network Strategy be received and that Council: 1.

endorse the draft strategy for a four week community consultation period; and

request a report outlining any feedback received be provided to Council prior to its formal adoption of the 2014 Devonport Road Network Strategy.

Ald Squibb Ald Goodwin Ald Laycock

For √ √ √

Against Ald Kent Ald Hollister

For √ √

Against

CARRIED UNANIMOUSLY 5.3

CRADLE COAST WASTE MANAGEMENT GROUP RECYCLING BIN ASSESSMENT REPORT (D341498) IWC 14/14 RESOLUTION MOVED: SECONDED:

Ald Kent Ald Laycock

That it be recommended to Council that the Cradle Coast Waste Management Group’s 2013/14 Recycling Bin Assessment Report be received and noted. ITEM 10.4

PAGE 157 Minutes - Infrastructure and Works Committee - 2014/10/06

Ald Squibb Ald Goodwin Ald Laycock

For √ √ √

ATTACHMENT [1]

Against

For √ √

Ald Kent Ald Hollister

Against

CARRIED UNANIMOUSLY

6.0 INFRASTRUCTURE AND WORKS MONTHLY UPDATE Ald Hollister declared an interest and left the meeting at 6:25pm. 6.1

INFRASTRUCTURE AND WORKS REPORT (D341501) IWC 15/14 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Kent

Ald Hollister declared an interest and left the meeting at 6:25pm. That it be recommended to Council that the Infrastructure and Works monthly report for September 2014 be received and noted. Ald Squibb Ald Goodwin

For √ √

Against Ald Kent Ald Laycock

For √ √

Against

CARRIED UNANIMOUSLY

7.0 CLOSURE There being no further business on the agenda the Chairman declared the meeting closed at 6:29pm. Confirmed

Chairman

ITEM 10.4

PAGE 158 Report to Council meeting on 20 October 2014

10.5

DRAFT UNCONFIRMED MINUTES - LOCAL GOVERNMENT ASSOCIATION OF TASMANIA - GENERAL MEETING - 24 SEPTEMBER 2014 File: 26998 D344394

RELEVANT PORTFOLIO General Manager RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.1.3

Represent and promote Council at Regional, State and National forums

SUMMARY To provide Council with the draft unconfirmed minutes of the Local Government Association of Tasmania’s (LGAT) General Meeting which was held on 24 September 2014.

BACKGROUND Council is provided with a copy of the minutes as a member of the Local Government of Tasmania Association.

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

DISCUSSION The draft unconfirmed minutes of the LGAT’s General meeting held on 24 September 2014 are attached for information.

ATTACHMENTS 1.

Draft Unconfirmed Minutes - LGAT General Meeting - 24 September 2014

RECOMMENDATION That the draft unconfirmed minutes of the Local Government Association of Tasmania’s General Meeting held on 24 September 2014 be received and noted.

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 10.5

Paul West General Manager

P PAGE 159 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 160 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 161 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 162 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 163 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 164 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 165 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 166 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 167 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 168 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 169 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 170 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 171 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 172 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 173 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 174 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 175 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 176 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 177 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 178 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 179 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 180 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 181 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 182 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

P PAGE 183 Draft D Unconfirrmed Minute es - LGAT Gen neral Meeting g - 24 Septem mber 2014

ITEM 10.5

ATTTACHMENT [1 1]

PAGE 184 Report to Council meeting on 20 October 2014

10.6

COMMUNITY SERVICES COMMITTEE MEETING - 13 OCTOBER 2014 File: 29530 D344500

RELEVANT PORTFOLIO General Manager 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 of the Community Services Committee meeting held on Monday, 13 October 2014.

ATTACHMENTS 1.

Minutes - Community Services Committee - 13 October 2014

RECOMMENDATION That the minutes of the Community Services Committee held on Monday, 13 October 2014 be received and the recommendations contained therein be adopted. CSC 9/14

Minutes of Controlling Authorities, Working Groups and Special Committee Meetings (D341015)

CSC 10/14

Appointment of Municipal Management (D342269)

CSC 11/14

Energy Efficiency Strategy - Year One Status (D342921)

CSC 12/14

Bass Strait Maritime Centre Significance Assessment (D342950)

CSC 13/14

Financial Assistance to Community Organisations (D343090)

CSC 14/14

Bass Highway Signage (D343113)

CSC 15/14

Development and Health Services Report (D343295)

CSC 16/14

Community Services Report (D338488)

Author: Position:

Robyn Woolsey Administration Officer

and

Deputy

Endorsed By: Position:

ITEM 10.6

Co-ordinator

Paul West General Manager

Emergency

PAGE 185 Minutes - Community Services Committee - 13 October 2014

ATTACHMENT [1]

MINUTES OF A COMMUNITY SERVICES COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD AT THE EAST DEVONPORT RECREATION AND FUNCTION CENTRE ON MONDAY, 13 OCTOBER 2014 COMMENCING AT 6:00PM PRESENT:

Ald A L Rockliff (Chairman) Ald P G Hollister Ald A J Jarman Ald L M Laycock Ald S L Martin Ald W P Wilson

Aldermen in Attendance: Ald J T Keay Ald L M Perry Council Officers: General Manager, P West Executive Manager Community Services, E Ewins Development and Health Services Manager, B May Manager Marketing & Promotion, S Jones Manager Community Partnerships, L Jackson

1.0 APOLOGIES There were no apologies received.

2.0 DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0 PROCEDURAL 3.1

PUBLIC QUESTION TIME 3.1.1 Responses to Questions raised at prior meetings Nil 3.1.2 Questions on notice from the public Nil 3.1.3 Questions without notice from the public MR FRANK WEBB - 165 WINSPEARS ROAD, EAST DEVONPORT Mr Webb stated that according to figures the Bass Strait Maritime Centre will lose over $2M during the next five years and wanted to know what strategies Council had to address this. The General Manager responded that Council is looking to improve the operating results of all of its services, however as a number of Council facilities and programs were community services there were limitations on reducing operating costs.

3.2

QUESTIONS ON NOTICE FROM ALDERMEN Nil

3.3

NOTICE OF MOTIONS Nil ITEM 10.6

PAGE 186 Minutes - Community Services Committee - 13 October 2014

ATTACHMENT [1]

4.0 COMMUNITY SERVICES REPORTS 4.1

MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND SPECIAL COMMITTEE MEETINGS (D341015) CSC 9/14 RESOLUTION MOVED: Ald Martin SECONDED: Ald Jarman That it be recommended to Council that the combined minutes of Controlling Authorities, Working Groups and Special Committees be received, and Council: 1.

investigate the removal (and cost of removal) of tea trees at the northern end of the Devonport Tennis Club; following which Council will consider the matter further.

endorse the advice from the Maidstone Park Management Controlling Authority regarding the denial of the request for a dog exercise area within the fenced baseball diamond at Maidstone Park;

note the advice from the Maidstone Park Management Controlling Authority in regards to an indoor bowls facility concept and refer this information to the Council Strategic Sport and Recreation Special Committee;

note the advice of the Eastern Shore Special Committee that consideration be given to future promotion of LIVING CITY dependent upon requirements and budget considerations;

appoint Josephine Kelly as Chairperson of the Devonport Regional Gallery Special Committee;

based on the recommendation of the Devonport Regional Gallery Special Committee, purchase two works to add to the Permanent Collection: Lisa Garland, Sheoaks (2010), and Colin Langridge, Not Knowing I.

Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY 4.2

APPOINTMENT OF MUNICIPAL AND DEPUTY CO-ORDINATOR - EMERGENCY MANAGEMENT (D342269) CSC 10/14 RESOLUTION MOVED: Ald Martin SECONDED: Ald Laycock That it be recommended to Council that the report of Community Partnerships Manager Community Services be received and noted and Council: 1.

in accordance with Section 23 of the Emergency Management Act 2006, Community Partnerships Manager (Lester Jackson) be nominated ITEM 10.6

PAGE 187 Minutes - Community Services Committee - 13 October 2014

ATTACHMENT [1]

for the position of Municipal Coordinator and Risk Management Coordinator (Karen Stone) be nominated for the position of Deputy Municipal Coordinator for the Devonport City Council area; 2.

advise the State Controller, State Emergency Services of Council’s Emergency Management nominations.

Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY 4.3

ENERGY EFFICIENCY STRATEGY - YEAR ONE STATUS (D342921) CSC 11/14 RESOLUTION MOVED: Ald Laycock SECONDED: Ald Hollister That it be recommended to Council that the report of the Sustainable Communities Manager be received and Council note the status of actions listed in the Devonport Energy Efficiency Strategy. Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY 4.4

BASS STRAIT MARITIME CENTRE SIGNIFICANCE ASSESSMENT (D342950) CSC 12/14 RESOLUTION MOVED: Ald Hollister SECONDED: Ald Laycock That it be recommended to Council that the report of the Community Partnerships Manager regarding the Bass Strait Maritime Centre Significant Assessment Report be received and noted and that Council: 1.

consider the recommendations included within the Report conjunction with its annual planning and budget estimates process.

refer the draft Collection Policy to the Maritime and Heritage Special Committee for review and advice.

Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY

ITEM 10.6

PAGE 188 Minutes - Community Services Committee - 13 October 2014

4.5

ATTACHMENT [1]

FINANCIAL ASSISTANCE TO COMMUNITY ORGANISATIONS WORKING GROUP (D343090) CSC 13/14 RESOLUTION MOVED: Ald Martin SECONDED: Ald Jarman That it be recommended to Council that the report of the Sustainable Communities Manager be received and noted and that Council: 1.

receive the unconfirmed minutes of the Financial Assistance to Community Organisations Working Group held 29 September 2014; and

in line with the recommendations of the Financial Assistance to Community Organisations Working Group approve the following Sporting Small Grants as listed: Amount Requested ($)

Fund Amount ($)

Organisation

Project Title

Cradle Coast Aquatic Club

Equipment Storage Trolley

1,134

Cradle Coast Triathlon and Multisport

Replacement of Stolen Equipment

3,000

2,000

Devonport Bowls & Croquet Club Inc

Indoor Bowls and Croquet Equipment

1,227

Devonport Judo Club

Crash Mat Project

500

Devonport Little Athletics Centre

PA System

2,500

Devonport Tennis Club

Replacement of Umpire Chairs and Court Seating

1,500

East Devonport Football Club Inc

Project Defib

1,000

East Devonport Tennis Club Inc

Window Frames Painting

720

11,581

9,861

Total

in line with the recommendations of the Financial Assistance to Community Organisations Working Group decline the request from GC Services Inc to waive permit fees for a proposed extension at their premises at 62 Tarleton Street, East Devonport.

Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY

ITEM 10.6

PAGE 189 Minutes - Community Services Committee - 13 October 2014

4.6

ATTACHMENT [1]

BASS HIGHWAY SIGNAGE (D343113) RECOMMENDATION MOVED: Ald Laycock SECONDED: Ald Hollister That it be recommended to Council in relation to the outdated Bass Highway tourism signage that Council endorse the proposed design and proceed with installation. PROCEDURAL MOTION CSC 14/14 RESOLUTION MOVED: Ald Wilson SECONDED: Ald Hollister It be recommended to Council that the matter be deferred pending a workshop being held. Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY 4.7

DEVELOPMENT AND HEALTH SERVICES REPORT (D343295) CSC 15/14 RESOLUTION MOVED: Ald Martin SECONDED: Ald Hollister That it be recommended to Council that the report of the Development and Health Services Manager be received and Council note the activities of the Development and Health Services Department during August and September 2014. Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY 4.8

COMMUNITY SERVICES REPORT - OCTOBER 2014 (D338488) CSC 16/14 RESOLUTION MOVED: Ald Jarman SECONDED: Ald Laycock That it be recommended to Council that the report of the Executive Manager Community Services be received and Council note the activities of the Community Services Department during August and September 2014.

ITEM 10.6

PAGE 190 Minutes - Community Services Committee - 13 October 2014

Ald A L Rockliff Ald A J Jarman Ald S L Martin

For √ √ √

ATTACHMENT [1]

Against Ald P G Hollister Ald L M Laycock Ald W P Wilson

For √ √ √

Against

CARRIED UNANIMOUSLY

5.0 CLOSURE There being no further business the Chairman declared the meeting closed at 6:20pm.

ITEM 10.6

PAGE 191 Report to Council meeting on 20 October 2014

10.7

MINUTES - ANNUAL GENERAL MEETING - 13 OCTOBER 2014 File: 27391 D344517

RELEVANT PORTFOLIO General Manager RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.4.1

Provide timely, efficient, consistent and quality services which are aligned with and meet our customers needs

SUMMARY To provide Council with the unconfirmed minutes from the Annual General Meeting (AGM) held on 13 October 2014 at the East Devonport Recreation and Function Centre, Caroline Street, East Devonport.

STATUTORY REQUIREMENTS The requirement for Council to prepare an Annual Report and to conduct an Annual General Meeting is prescribed under the Local Government Act 1993. In accordance with Section 72(2)(d) and (3) Council placed advertisements in the Advocate on Saturday, 13 and Wednesday, 24 September 2014 notifying of the conduct of the AGM on Monday 13 October 2014 and inviting submissions from the community on the Annual Report. Council is required under the Act to consider any motions passed at the AGM at its next available meeting.

DISCUSSION Council received one (1) submission on its Annual Report from Mr Douglas Janney. A detailed response to the issues raised by Mr Janney was included in the agenda for the AGM. Council also received one (1) Notice of Motion from Mr R (Bob) Vellacott. The Notice of Motion was considered at the meeting and was supported by the members of the public in attendance. At the AGM a further two (2) motions were moved from the floor and were also support by the members of the public in attendance. The motion considered which advance notice had been provided was as follows: 4.1

MONTHLY FINANCIAL REPORT - LIVING CITY - NOTICE OF MOTION - MR R B VELLACOTT (D343797) RESOLUTION MOVED: SECONDED:

B Vellacott F Webb

That ratepayers here present request Council to include in the agenda each month a basic, simplified and easily understood financial report on the income and expenses relevant to the LIVING CITY project; each report to include the ongoing overall total cost and income so far and the transactions of the previous month. CARRIED ITEM 10.7

PAGE 192 Report to Council meeting on 20 October 2014

In the officers comments provided with the AGM agenda it was indicated that detailed reporting relating to the LIVING CITY project will be provided to Council on a regular basis (at least quarterly or more frequent when necessary). The financial aspects of the project will be included in the reporting where it is not in breach of confidential or commercial in confidence arrangements. Any contracts entered into by Council above the statutory limit (currently $100,000) are required to be reported within the Annual Report. Community engagement regarding LIVING CITY has been a priority of Councilâ&#x20AC;&#x2122;s and the intention is to continue to ensure the community are well informed on all aspects of the project. A website dedicated to LIVING CITY has been established to ensure the community have easy access to all the latest information on the project. As outlined it is the intention of Council to ensure that as much transparency as possible is provided in relation to the LIVING CITY project. As part of the Council financial reporting to its Governance and Finance Committee (bi-monthly) the financial aspects relating to LIVING CITY can be included where appropriate. This action would appear to adequately address the intent of the motion. The motions received from the floor at the AGM were as follows: 5.1

INDEPENDENCE FROM PARTY POLITICS - MR B VELLACOTT RESOLUTION MOVED: SECONDED:

B Vellacott D Janney

That ratepayers here present thank and congratulate the Mayor and Aldermen for maintaining the admiral tradition of independence free from the intrusion of and influence of party politics whilst they have conducted the affairs of Council. CARRIED The motion is essentially a statement of the view that local government should remain independent from party politics. As such it does not require any further action from Council apart from being noted. 5.2

EXTENSION OF TIME FOR STREET PARKING - NOTICE OF MOTION - MR F WEBB RESOLUTION MOVED: SECONDED:

F Webb W Hilditch

In addition to pay as you leave car parking that street meter limits be made two hours rather than one. CARRIED The intent of this motion would potentially have a number of impacts not only in relation to the public but also for Council from a financial and operational perspective. Councilâ&#x20AC;&#x2122;s adopted parking strategy promotes the use of different time limits across the CBD to ensure that a mix of both high turnover short term spaces and longer term on and off street parking are available. For Council to determine to change its on-street parking arrangements a clearer understanding of the potential impacts should first be identified and presented for consideration. On this basis it is recommended to Council that it formally requests that a report be prepared which canvases the issue raised. ITEM 10.7

PAGE 193 Report to Council meeting on 20 October 2014

COMMUNITY ENGAGEMENT The Councilâ&#x20AC;&#x2122;s AGM is an opportunity for the community to be engaged. Six (6) members of the public attended the meeting which has resulted in three (3) motions being carried and referred to Council for consideration.

CONCLUSION This report includes the minutes of the AGM and details motions which were passed at the meeting for Council consideration.

ATTACHMENTS 1.

Minutes - Annual General Meeting - 13 October 2014

RECOMMENDATION That Council: (1)

accept the minutes of the Annual General Meeting held at the East Devonport Recreation and Function Centre on Monday 13 October 2014.

(2)

in relation to the motions passed at the Annual General Meeting: (a)

note that as part of the financial reporting to its Governance and Finance Committee (bi-monthly) the financial aspects relating to LIVING CITY will be included where appropriate to ensure that the community can be informed of the costs associated with the project.

(b)

note the motion relating to the independence from political parties.

(c)

request that a report be provided in relation to the issues associated with changing on-street parking limits from one hour to two hours.

Endorsed By: Position:

Paul West General Manager

ITEM 10.7

PAGE 194 Minutes - Annual General Meeting - 13 October 2014

ATTACHMENT [1]

MINUTES OF THE TWENTIETH ANNUAL GENERAL MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE EAST DEVONPORT RECREATION CENTRE AND FUNCTION CENTRE, CAROLINE STREET, EAST DEVONPORT ON MONDAY, 13 OCTOBER 2014 COMMENCING AT 7:00PM PRESENT:

Ald S L Martin (Mayor) in the Chair Ald G B Kent (Deputy Mayor) Ald B L Cole Ald G F Goodwin Ald P G Hollister Ald A J Jarman Ald J T Keay Ald L M Laycock Ald L M Perry Ald A L Rockliff Ald W M Squibb Ald W P Wilson

Council Officers: General Manager, P West Deputy General Manager, M Atkins Executive Manager Community Services, E Ewins Executive Manager Corporate and Business, S Crawford Governance Coordinator, K Hampton Infrastructure and Works Manager, K Lunson Works Supervisor, P Tuson Manager Community Partnerships, L Jackson Manager Development, B May Communications and Media Officer, K Moore Public:

Wendy Hilditch Pat Kent Frank Webb Bob Vellacott Captain Dick Burgess Doug Janney

1.0 APOLOGIES There were no apologies received.

2.0 CONFIRMATION OF MINUTES 2.1

ANNUAL GENERAL MEETING - 28 OCTOBER 2013 RESOLUTION MOVED: SECONDED:

Ald Cole Ald Kent

That the minutes of the annual general meeting held on 28 October 2013 as circulated be taken as read and confirmed.

ITEM 10.7

PAGE 195 Minutes - Annual General Meeting - 13 October 2014

For      

Ald Martin Ald Cole Ald Goodwin Ald Hollister Ald Jarman Ald Keay

ATTACHMENT [1]

Against Ald Kent Ald Laycock Ald Perry Ald Rockliff Ald Squibb Ald Wilson

For      

Against

CARRIED UNANIMOUSLY

3.0 RECEIPT OF ANNUAL REPORT 3.1

ANNUAL REPORT 2014 (D343854) RESOLUTION MOVED: SECONDED:

Ald Wilson Ald Hollister

That the 2014 Devonport City Council Annual Report be received and adopted. For      

Ald Martin Ald Cole Ald Goodwin Ald Hollister Ald Jarman Ald Keay

Against Ald Kent Ald Laycock Ald Perry Ald Rockliff Ald Squibb Ald Wilson

For      

Against

CARRIED UNANIMOUSLY

4.0 NOTICES OF MOTION 4.1

MONTHLY FINANCIAL REPORT - LIVING CITY - NOTICE OF MOTION - MR R B VELLACOTT (D343797) RESOLUTION MOVED: SECONDED:

B Vellacott F Webb

ITEM 10.7

PAGE 196 Minutes - Annual General Meeting - 13 October 2014

ATTACHMENT [1]

5.0 MOTIONS FROM THE FLOOR 5.1

INDEPENDENCE FROM PARTY POLITICS - MR B VELLACOTT RESOLUTION MOVED: SECONDED:

B Vellacott D Janney

EXTENSION OF TIME FOR STREET PARKING - NOTICE OF MOTION - MR F WEBB RESOLUTION MOVED: SECONDED:

F Webb W Hilditch

In addition to pay as you leave car parking that street meter limits be made two hours rather than one. CARRIED

6.0 PUBLIC QUESTIONS/COMMENTS FRANK WEBB - 2 TINGHA PLACE, EAST DEVONPORT Mr Webb advised that he has had an accountant look at figures of operating the Aquatic Centre, Devonport Entertainment and Convention Centre, Bass Strait Maritime Centre, Devonport Regional Gallery, Visitor Information Centre, Julie Burgess and Home Hill which projected a combined loss over five years of $20 million. Question What is in place to address this projected loss? Response The Mayor advised that Council must have some attractions. The General Manager advised that each year as part of budget deliberations Aldermen consider the impact of each facility on the Councilâ&#x20AC;&#x2122;s bottom line in relation to the cost to the community and the benefits of providing community services. BOB VELLACOTT - 11 COCKER PLACE, DEVONPORT Question What is the policy relating to the types of exhibitions to be shown at the Devonport Regional Gallery? As there was an exhibition not suitable for children on during school holidays. Response The Executive Manager Community Services advised that there is no policy as such.

ITEM 10.7

PAGE 197 Minutes - Annual General Meeting - 13 October 2014

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7.0 CLOSURE There being no further business the Chairman declared the meeting closed at 7:54pm. Confirmed

Chairman

ITEM 10.7

PAGE 198 Report to Council meeting on 20 October 2014

11.0

CUSTOMERS AND COMMUNITY REPORTS

11.1

DRAFT COMMUNITY SAFETY STRATEGY File: 26330 D343935

RELEVANT PORTFOLIO Customers and Community RELEVANCE TO COUNCILâ&#x20AC;&#x2122;S PLANS & POLICIES Councilâ&#x20AC;&#x2122;s Strategic Plan 2009-2030: Strategy 4.4.4

Facilitate and support a collaborative approach to community safety

SUMMARY To seek Council endorsement of the draft Devonport Community Safety Strategy 20152018 prior to commencing a period of public consultation.

BACKGROUND At the meeting held 21 November 2011 Council adopted the Devonport Community Safety Strategy for the period 2012-2014 (Min. 351/11). This report presents a revised Strategy for the coming three years, outlining proposed actions, undertaken by Council in partnership with a range of organisations, agencies and community groups to contribute to a safer community. The Strategy reflects the work undertaken by the Community Safety Liaison Group in their consultation with the community.

STATUTORY REQUIREMENTS Section 20(2) of the Local Government Act 1993 outlines Council requirements in relation to engaging the community. 20.

Functions and powers

(2)

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

Developing strategic plans is one method for council to demonstrate accountability in consulting with the community on relevant issues.

DISCUSSION The proposed strategy has been developed through analysis of community feedback and review of the actions outlined in the 2012-2014 Community Safety Strategy. To understand community priorities in relation to safety, a community wide survey was conducted between 2 June and 8 August 2014. Gaps in the youth response led to an invitation from local schools and colleges to participate in youth consultation. St Brendan Shaw College responded and hence a workshop and youth survey was conducted with student leaders. Four focus groups were also held throughout July and August. The outcomes of these processes have assisted the Community Safety Liaison Group to prioritise investment and effort towards safety initiatives. The Strategy is built around the three objectives of community safety: 1.

Vibrant safe streets and public places;

Devonport is a safe city by night; and ITEM 11.1

PAGE 199 Report to Council meeting on 20 October 2014

A shared community commitment to safety.

These proposed directions and associated actions will be integrated into Council’s corporate annual planning process, monitored regularly by Council Officers and reviewed annually by the Community Safety Liaison Group.

COMMUNITY ENGAGEMENT The Draft Devonport Community Safety Strategy 2015-2018 was developed in response to community issues and solutions raised through three main avenues: 1.

Community Survey held 2 June 2014 to 8 August 2014 (79 participants);

Youth Survey (22 participants); and

Targeted Focus Groups held July-August 2014 (74 participants).

Community feedback from this consultation is detailed in the attached consultation outcomes report. Further opportunities will be provided for the community to contribute to the Strategy during the exhibition period.

FINANCIAL IMPLICATIONS The majority of actions will be resourced as part of Council’s operational budgets and will not require a specific budget allocation. Several actions present opportunities to be resourced in partnership with other organisations and/or to attract grant funds. Infrastructure related actions will be considered as part of future capital budget processes.

RISK IMPLICATIONS 

Assets, Property and Infrastructure The Strategy promotes safety by design elements in the creation of public infrastructure.



Natural Hazards Support the community in emergency management, response and recovery is seen as a key part of creating a safer community.



Communication/Reputation Development and implementation of the strategy is one avenue for Council to engage the community in decision-making processes around community safety and well-being priorities.

CONCLUSION The draft Devonport Community Safety Strategy 2015 – 2018 provides key directions that will assist Council to enhance community safety in partnership with several organisations.

ATTACHMENTS 1.

Draft Devonport Community Safety Strategy 2015-2018

Draft Communtiy Safety Strategy - Consultation Outcomes Report

ITEM 11.1

PAGE 200 Report to Council meeting on 20 October 2014

RECOMMENDATION That Council receive and note the draft Devonport Community Safety Strategy 2015-2018 and: 1.

place the Strategy on public exhibition for a period of four weeks; and

further consider the adoption of the Strategy at a future meeting following the consultation period.

Author: Position:

Carol Bryant Sustainable Communities Manager

Endorsed By: Position: Services

ITEM 11.1

Evonne Ewins Executive Manager

Community

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PAGE 248 Report to Council meeting on 20 October 2014

11.2

REVIEW OF COUNCIL SPECIAL COMMITTEES AND CONTROLLING AUTHORITY File: 26932 D344088

RELEVANT PORTFOLIO Customers and Community RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.4

Ensure effective committees

administration

and

operation

Council’s

SUMMARY Council has undertaken a review of its 20, Section 24 Special Committees and sole Controlling Authority associated with the Community Service Department. The review did not include newly established Section 23 Committees of Council, nor other Special Committees of Council including Fenton Villas and the Audit Panel. Maidstone Park Management Controlling Authority was not included owing to it not being a Special Committee of Council. Evaluation of committees is important to ensure effective and efficient administration. The review of committees is timely due to a reduction of 12 Aldermen to 9 as part of the 2014 local government elections. Less Aldermen calls for a reduction in the number of committees due to the workload required as an active member and the time to attend meetings.

BACKGROUND Council Special Committees are included in the table below and are themed under common groupings, and includes the name, the purpose of the committee and the number of Aldermen, external members (these may include community members or experts from varying sectors) and Council staff. Council staff attend meetings to provide professional and administrative support. Minutes of meetings are reported to Council on a regular basis. Each committee has its own Terms of Reference outlining the purpose, membership, meeting requirements, quorum and roles and responsibilities. The Terms of Reference have in the past been reviewed approximately every two years.

ITEM 11.2

PAGE 249 Report to Council meeting on 20 October 2014

Special Committee

Meeting frequency

Purpose

No of A-Aldermen E-External C-Council officers

Theme 1.Arts, Culture, Events and Tourism

Don River Railway

Devonport Maritime and Heritage

Devonport Regional Gallery

Devonport Entertainment and Convention Centre

Devonport Food and Wine Festival

Monthly

Bi-monthly

The Don River Railway Special Committee was established to provide advice to Council about increasing access to, and promoting the historical tourism attraction as an integral part of Devonportâ&#x20AC;&#x2122;s cultural tourism initiatives. The Maritime and Heritage Special Committee was established to provide advice and input into Maritime and Heritage facilities/services and partnerships/programs/ activities and events. The Devonport Regional Gallery Special Committee was established to provide advice to Council, increasing access to and promoting the Gallery and arts as an integral part of Devonportâ&#x20AC;&#x2122;s cultural life. This Committee has not met for some time, as not deemed required.

Irregular

Fortnightly then as needed

Note: Committee functions to be the responsibility of Governance and Finance Committee The Devonport Food and Wine Festival Special Committee was established to provide advice, support and collaboration between relevant organisations and industry to develop, manage and guide the Devonport Food and Wine Festival

ITEM 11.2

A-4 E-2 C-3

A-2 E-3 C-2

A-3 E-6 C-3

A-3 C-4

A-2 E-3 C-3

PAGE 250 Report to Council meeting on 20 October 2014

Special Committee

Meeting frequency

Purpose

No of A-Aldermen E-External C-Council officers

Theme 2. Sport and Recreation

Strategic Sport and Recreation

Meercroft Park

East Devonport Recreation Centre

Devonport Recreation Centre

Bi-monthly

The purpose of the Strategic Sport & Recreation Special Committee is to provide an opportunity for community members with a knowledge and background in sport and recreation to provide a forum through which Council can consult with and receive advice and guidance on the future of sport and recreation development within the City. The Meercroft Park Special Advisory Committee was specifically established to provide Council with input and feedback on matters relating to Meercroft Park, its usage, facility provision, operation requirements and to prioritise capital works over a 5, 10 and 20 year timeframe. The East Devonport Recreation and Function Centre Special Committee was established to provide advice to Council about increasing access to, and the promotion of the Centre and all user groups at the facility. The Committee provides recommendations and advice to Council on the Centre which will form an integral part of Devonportâ&#x20AC;&#x2122;s Sport and Recreation Strategy. The Devonport Recreation Centre Special Committee was established to provide advice to Council about increasing access to, and the promotion of the Centre and all user groups at the facility. The Committee will provide recommendations and advice to Council on the Centre which will form an integral part of Devonportâ&#x20AC;&#x2122;s Sport and Recreation Strategy.

ITEM 11.2

A-7 E-7 C-3

A-2 E-10 C-3

A-2 E-6 C-4

A-2 E-14 C-3

PAGE 251 Report to Council meeting on 20 October 2014

Special Committee

Meeting frequency

Purpose

No of A-Aldermen E-External C-Council officers

Theme 3 Community Development (social inclusion)

Building Families

Community Safety Liaison Group

Financial Assistance to Community Organisations

Eastern Shore

Sister Cities

Imaginarium Science Centre

Bi-monthly

As required

The Building Families Special Committee was established to provide advice, support and collaboration between relevant organisations to allow children and their families/carers reach their full potential and enhance their quality of life. The Devonport Community Safety Liaison Group was established to provide advice, support and collaboration between relevant organisations to create a proud community where residents and visitors feel safe and secure. The purpose of this group was to assess the annual program of financial assistance to community groups and organisations. Note: committee functions to be the responsibility of the Community Services Committee

Monthly

As required

Quarterly

The Eastern Shore Special Committee was established to provide advice to Council about future development and planning on the Devonport Eastern Shore. The Devonport Sister City Special Committee is established to provide advice, support and collaboration between the Devonport Sister City Association and Council in the delivery of the Cityâ&#x20AC;&#x2122;s Sister City activities. The Imaginarium Science Centre Special Committee was established to assist Council oversee the business agreement with Pandemonium (Tas) Pty Ltd to operate the Imaginarium Science Centre. This involves providing input into the strategic activities that underlie the sustainability and viability of the Imaginarium Science Centre. ITEM 11.2

A-3 E-various

organisations

C-2

A-4 E-12 C-4

A-4 E-0 C-2

A-3 E-5 C-2

A-2 E-4 C-2

A-2 E-4 + DCCI Reps C-2

PAGE 252 Report to Council meeting on 20 October 2014

Special Committee

Tiagarra

No of A-Aldermen E-External C-Council officers

Meeting frequency

Purpose

As required

A-4 The Tiagarra Special Committee’s (TSC) primary purpose is to oversee the E-3 ongoing sustainability of the operations C-3 of Tiagarra Aboriginal Museum and Cultural Centre (TACCM) and to assist and facilitate redevelopment and viability.

STATUTORY REQUIREMENTS The Local Government Act 1993 Section 23 outlines Council’s requirements in regard to Council committees: 23.

Council Committees:

(1)

A Council may establish, on such terms as it thinks fit, Council committees to assist it in carrying out its functions under this or any other Act.

(2)

A Council committee consists of councillors appointed by the Council.

(3)

Schedule 4 has effect with respect to procedures relating to meetings of Council committees.

The Local Government Act 1993 Section 23 outlines Council’s requirements in regard to Council committees: 24.

Special Committees

(1)

A Council may establish, on such terms and for such purposes as it thinks fit, special committees.

(2)

A special committee consists of such persons appointed by the Council as the Council thinks appropriate.

(3)

The Council is to determine the procedures relating to meetings of a special committee.

Section 29 of the Local Government Act 1993 outlines Council’s requirements in regards to Controlling authorities.

DISCUSSION Council in accordance with Local Government Act can establish Special Committees, on terms it considers appropriate. Council currently have 20 active Special Committees administered by its Community Services Department. The benefits of Special Committees in a Local Government environment enables open and transparent governance, shared decision making, networking and collaboration of stakeholders, information sharing and a conduit to Council. A number of Council owned facilities have a Special Committee attached e.g. (Devonport Regional Gallery, East Devonport Recreation Centre). Other Special Committees such as Don River Railway and Eastern Shore have been formed as a result of a specific issue which has been brought to Councils’ attention. These committees tend to ITEM 11.2

PAGE 253 Report to Council meeting on 20 October 2014

be more strategic in their focus. Each of these Committees currently has up to three Aldermen appointed as members. In recent years Council has also formed working groups and Special Interest Groups. These groups are not included in this report. These groups are usually issues based and are aligned to a set task, such as the development of a Council Strategy e.g. Cemetery Strategy, Energy Efficiency Strategy. Recently Council formed a Special Interest Group to oversee the development of a Learning Communities Framework. These groups dissolve once the set task has been completed. The meetings of Special Committees run with a formal Terms of Reference which clearly outlines the purpose, quorum, roles and responsibilities of each Committee. One of the consistent challenges facing current Committees is ensuring a quorum is met. Quorums have been difficult to achieve over the past twelve months for the Don River Railway, Devonport Regional Gallery, Strategic Sport and Recreation and the Devonport Food and Wine Festival. A lack of a quorum presents challenges to progress issues, delays outcomes and duplicates administrative processes including meeting coordination. In reviewing how information flows between Committees and Council it appears there is fragmentation. For example, Council have appointed a Strategic Sport and Recreation Committee to ensure a coordinated, collaborative and strategic approach applies to its infrastructure and operations. However minutes of other Sport and Recreation Committees which are associated with Recreation facilities or recreation grounds such as Meercroft Park are not received by the Strategic Committee. This presents a gap in the flow of information and lack of alignment to strategic priorities of Council. There appears to be an opportunity to improve the current flow of information and cohesiveness of Council committees which align strategically to Council goals and strategic objectives. Council Special Committees are appointed to provide advice and make recommendations to Council which assists with shared decision making. In review of the number of recommendations made by the current twenty committees over the past year, only two committees have made five recommendations to Council, a further seven made three or less recommendations. The information suggests that other committees meet for information sharing and networking at grass roots level or deal predominantly with operational issues which relate to a particular facility. Importantly committee members participated in a survey as part of the review process. The findings have been communicated to members of committees. A snap shot of the feedback received is below: 

concern about loss of contact if committees were wound up;



user group’s voice lost and facilities may not run as efficiently if committee not retained;



many respondents desire committees to continue;



some respondents suggest committees amalgamate with others;



committees are a good networking opportunity, are well run and administered;



user group relationships and communication has improved as a result of committees;



greater collaboration is a good outcome of working together via committees;



valued input and opportunity for information sharing and collaborative decision making;



broader focus of some committees is desired; ITEM 11.2

PAGE 254 Report to Council meeting on 20 October 2014



future committees need to be skills based ensuring expertise when providing advice to Council;



support by Council officers is valuable;



a more strategic focus is desired by some members of Committees.

As a result of the findings, analysis by Council staff and Aldermen the opportunity for improvement has been identified and a new structure is proposed for Special Committees for consideration: 

consolidate committees to address current duplication and difficulties in obtaining a quorum;



deformalise Special Committees to Special Interest Groups which do not require a quorum;



reduce Alderman membership to one on any Special Interest Group (rather than two, three or four). Aldermen may nominate to be a member of an unlimited amount or more than one Special Interest Group. (Any Alderman may attend any number of Special Interest Groups and Special Committees as a non-member);



Special Interest Groups will continue to make recommendation to Council if required;



align committees to Council strategic goals and objectives and consider forming three strategic committees which appoint a maximum of three Aldermen per committee; 1.

Strategic Sport and Recreation (already established)

Strategic Arts, Culture and Tourism (expand the existing Maritime and Heritage Special Committee and broaden the agenda)

Strategic Community Development



streamline administration processes and clearly outline purpose, role and responsibilities for Special Interest Groups Terms of Reference and report to the Community Services Section 23 Special Committee on a bi-monthly basis;



address an identified gap in information flow and collaboration between facilities and absorb relevant Special Committees to a proposed overarching Strategic Committee and include item on agenda. (This has recently occurred with the Home Hill Special Committee which is now an agenda item on the current Maritime and Heritage Special Committee);



continue to form working groups or Special Interest Groups as required for special tasks of the Strategic Committees;



committees which are operationally based, ensure an officer is appointed as a key contact to user groups;



encourage user groups of facilities to continue to meet informally without minutes of meetings coordinated by the centre coordinator;

The following diagram details the proposed new structure and strategic alignment of existing Special Committees. The new structure includes; 

the formation of three new strategic Special Committees;



the existing Special Committees and strategic alignment to the overarching Committee; ITEM 11.2

PAGE 255 5 uncil meeting on o 20 Octoberr 2014 Report to Cou



the n number of Alderman n to be nom minated;



the n number of external members; m



the e existing Co ommittees which wo uld transition to Spec cial Interesst Groups, be wound d up o or be listed on strateg gic committtee agend das;

To progress a new sttructure fo or Special C Committee es of Council and ma anage the impact off introducin ng change e, a transition plan off six month hs will be developed d d in consulttation with h existing co ommittee members. During thiss time som me Special Committe ees may be e dissolved d or absorbed. nominates new appo ointments to Committees postt-election, which will lead welll Council n due to the into Nove ember 2014 4. No Committees me eet over December D e Christmas break. Itt is propose ed that the e new struc cture be op perational by March 2015. In summa ary, a revie ew of Cou uncils twen nty Special Committees which h are align ned to the e Communiity Servicess Department have b been evalu uated. Me embers of a all committtees have e been invited to participate in n providing g input an nd feedba ack. The ttiming of the t review w coincidess with a red duction of Aldermen from twelv ve to nine at the com ming electiion.

ITEM 11.2

PAGE 256 Report to Council meeting on 20 October 2014

COMMUNITY ENGAGEMENT A survey was conducted during August 2014, and all members of committees were invited to complete an anonymous survey. Of the 219 active members of various committees (inclusive of Aldermen, and exempt from staff) 93 surveys were completed spanning across twenty committees. Survey results were provided to all committee members and Council under separate cover. Survey results were workshopped with Aldermen on 29 September 2014. The results indicate there are mixed views in relation to the effectiveness of current Special Committees, ranging from satisfaction to consider amalgamating with another committee or consider winding up the committee.

FINANCIAL IMPLICATIONS There may be a reduction in the cost of administering committees if the number is reduced e.g. administration time of Council Officers.

RISK IMPLICATIONS 

Communication/Reputation The absorbing/aligning or winding up as a result of the proposed structure may present a risk to Council which may include high level angst, loss of community connections, loss of local knowledge and reduced opportunities to participate in community life and a reduction of resident’s participating in shared decision making processes of Council. The proposed new structure of Committees may result in a positive risk due the lack of quorums achieved by some committees which results in a delay of progress in achieving outcomes. Existing committee members will be provided an opportunity to nominate for a Strategic Special Committee. Positions will be advertised in due course.

CONCLUSION The outcome of the review identifies a series of recommendations including a reduction of existing committees, establishing a new strategic Special Committee structure and deformalising remaining committees in consultation with committee members. The opportunity to improve Councils’ administration and community engagement aligns with a reduction of Aldermen at the coming election. The new structure aims to streamline administration, maximise existing human and financial resources, whilst strengthening Councils’ strategic approach. The proposed strategic committee structure includes; 1.

Sport and Recreation (already established)

Arts, Culture and Tourism (expand the existing Maritime and Heritage Special Committee and broaden the agenda)

Community Development (new committee)

If the proposed structure is endorsed the new strategic committees will be formed at a special Council meeting in November, and a maximum of three Aldermen appointed to each of the strategic committees.

ITEM 11.2

PAGE 257 Report to Council meeting on 20 October 2014

Existing committees will be advised of changes, and membership opportunity on new committees will be advertised in the Advocate during late November 2014. Recommended external appointments to committees will then be made to the January 2015 Council meeting. Existing Committees will remain in place over the next few months, and Council Officers will commence discussions with members to manage the change. A review has been completed of Council Special Committees which informs opportunities to improve community engagement in decision making processes. The review is timely due to a reduction in Aldermen at the coming election.

ATTACHMENTS Nil

RECOMMENDATION That Council in relation to its Section 24 Special Committees receive and note the report and determine: a.

to establish three key strategic committees being Sport and Recreation, Arts, Culture and Tourism and Community Development.

that a maximum of three Aldermen be nominated to each committee

to support transitioning all existing special committees and working groups to the new committee structure including forming special interest groups where required;

that the Devonport Entertainment and Convention Centre Committee and Financial Assistance Working Group functions be transferred to the appropriate Section 23 Committees.

Author: Position:

Evonne Ewins Executive Manager Community Services

Endorsed By: Position:

ITEM 11.2

Paul West General Manager

PAGE 258 Report to Council meeting on 20 October 2014

11.3

MINUTES OF THE TIAGARRA SPECIAL COMMITTEE File: 26729 D343494

RELEVANT PORTFOLIO Customers and Community RELEVANCE TO COUNCILâ&#x20AC;&#x2122;S PLANS & POLICIES Councilâ&#x20AC;&#x2122;s Strategic Plan 2009-2030: Strategy 4.2.2

Cultural facilities and programs are well planned and promoted to increase accessibility and sustainability, active engagement and strong participation for the benefit of current and future generations

SUMMARY This report is to present the Minutes of the Tiagarra Special Committee held on 7 October 2014. Additional information is provided in relation to the current lease agreement between Six Rivers Aboriginal Corporation (SRAC) and the Devonport City Council for operating Tiagarra.

BACKGROUND At the Council Meeting held 25 August 2014, Council resolved (Min Res 204/14 refers) to: a)

advise Six Rivers Aboriginal Corporation that the tenure of lease will be reviewed on expiry, being June 2015;

review the Tiagarra Special Committee Terms of Reference to include external stakeholders who are specialised in Aboriginal heritage/arts and culture and develop a partnership agreement clearly outlining roles/responsibilities/actions and timeframes along with key performance indicators;

that Council staff liaise on behalf of Six Rivers Aboriginal Corporation with the Department of Aboriginal Affairs, to negotiate the use of remaining funds towards a paid part time coordinator.

SRAC currently are in default of the existing lease due to closure over the last two years, following the Corporation being placed into Special Administration on 26 April 2012. The Corporation has since been reinstated and has been challenged to sustain stable governance. Six Rivers Aboriginal Corporation wrote to Council 15 April 2014 advising Council, that SRAC has long struggled to access the necessary resources to manage Tiagarra and to reestablish the necessary standards to improve the facility. The letter advised Council that the board of SRAC are supportive of moves that align the future of Tiagarra with an expert group of people and/or organisations in pursuit of a better future. The letter went on to state that SRAC were prepared to consider gifting SRAC owned office related property to any new body that is positioned to manage Tiagarra facility in the interests of Tasmanian Aboriginal people. SRAC look forward to working closely with Council to build the future of this iconic piece of Aboriginal Heritage. In response to correspondence, Council workshopped the matter and wrote to SRAC 14 May 2014, seeking advice as to whether the newly appointed board of Six Rivers Aboriginal Corporation may consider relinquishing the existing lease of Tiagarra.

ITEM 11.3

PAGE 259 Report to Council meeting on 20 October 2014

Six Rivers Aboriginal Corporation advised Council in writing 1 August 2014 that their commitment to the current lease and operating Tiagarra would remain. A 3 day a week operation run by volunteers was advised as their planned reopening option. Over the past months steps have been taken to progress reopening the facility. Actions of the Special Committee to date include draft Terms of Reference, draft partnership agreement, operational action plan developed and progressing. Meetings held with stakeholders in relation to funding and broader expertise.

STATUTORY REQUIREMENTS Elements of this report relate to the Aboriginal Relics Act 1976 for the appropriate management of Aboriginal artefacts. In August 1976, an exemption under Section 10 Part 1V(2)(a) and (b) was sought from the Minister by the Devonport Council, for Council, it's employees or advisors owning or finding Aboriginal relics to legally hold Aboriginal relics. Councilâ&#x20AC;&#x2122;s requirements in regard to leasing land are outlined in Part 12 Division 1 of the Local Government Act 1993, with Section 175 of particular relevance: A council may purchase or lease land for any purpose which it considers to be of benefit to the council or the community.

DISCUSSION Information received from stakeholders (State Government, TMAG, Aboriginal Heritage, and Aboriginal Education) was discussed at a recent workshop with Council and tabled at the recent Tiagarra Special Committee meeting. (Minutes attached). Council requested a report be prepared for the October 2014 Council meeting to revisit its commitment to continuing the lease between Council and Six Rivers Aboriginal Corporation until the end of its term in June 2015. As a result of meetings held with stakeholders; it appears there are no existing funds to operate the facility on an ongoing basis. Remaining funds held by the State Government cannot be used for operational purposes, and furthermore no negotiation of funds will take place until evidence is provided that consultation has been undertaken with the local and state Aboriginal community to gauge support/interest in redeveloping Tiagarra. To date this has not occurred. At the recent committee meeting SRAC stated the organisation had funds to cover utility costs until the end of the lease, however at present there were no funds beyond that point in time. There are no other available funds to support the operation of the facility. e.g marketing, stock, petty cash, volunteer resources and incidentals. There is currently no business plan developed for the proposed 3 day a week volunteer run operation. The facility remains closed and there appears to be inadequate number of volunteers to sustain a 3 day a week operation. The risk is, those who are committed may become overworked and therefore cannot sustain their commitment, resulting in less volunteers. The expectation of volunteers operating a facility without a paid coordinator on site would also appear to be a flawed model. Council currently funds a part time property manager at Home Hill in partnership (Min 120/14 refers) with The National Trust at a cost of $28,000 for the 2014/15 financial year only. The decision to fund the position was based on the facility facing imminent closure. The resolution of Council includes Council officers exploring alternative models which may result in Council not being required to continue its subsidy. There is scope to include Tiagarra in this research to ensure volunteers based at facilities are provided the appropriate level of support to ensure best practice. This work has not yet commenced. ITEM 11.3

PAGE 260 Report to Council meeting on 20 October 2014

This information was openly discussed at the recent Tiagarra Special Committee, who would appear to hold a more optimistic view about the future of Tiagarra and continuing the lease with SRAC. The recommendations of the Committee are included as an option for Council in considering its future level of commitment. The Tiagarra Special Committee recommends that Council: •

continue the current lease agreement with SRAC;

•

delay the opening;

•

undertake consultation;

•

open by appointment only.

The reality is that there is little doubt that Tiagarra will require ongoing subsidy from Council or State Government, and SRAC would appear to not be in a viable position to operate the facility in the short or longer term. If Council were to continue to explore options for the future of Tiagarra, a representative of SRAC could still be involved alongside other recognised stakeholders. Furthermore if Council terminated the lease, a communication plan would be developed and a plan to remove the exhibition and relics would be developed and undertaken in consultation with appropriate bodies, including SRAC. For Council to truly understand the value and interest in the redevelopment of Tiagarra consultation with the community may inform future decisions.

COMMUNITY ENGAGEMENT Meetings have been held of the Tiagarra Special Committee and a workshop held with Aldermen as the result of meeting with State Government and external stakeholders. The view of the Tiagarra Special Committee is to open the facility with the current exhibition, attract more volunteers, undertake consultation, and foster relationships with stakeholders.

FINANCIAL IMPLICATIONS The minutes of the Special Committee calls for independent consultation of the broader Aboriginal community. Council have made no allocation of funds to engage consultants for the purpose of Tiagarra in the 2014/15 budget. If Council continue to support the redevelopment of Tiagarra in association with SRAC, a request for subsidising operations may be required to be considered by Council over the next few months. Redevelopment of Tiagarra will require ongoing operational support, which includes costs associated with the running of a facility of this kind, not dissimilar to the Council owned and run Devonport Regional Gallery and the Bass Strait Maritime Centre. The 2014/15 budget estimates that it will cost Council $503K and $529K respectively to operate these facilities. It is important to note that these facilities are different in terms of the model of operation, experience and product and operate with paid staff and volunteers. The budget for these facilities includes allowances for wages, activities, marketing, exhibitions, volunteer management, utilities, internal charges and recoveries inclusive of depreciation of the asset. The costs associated with redeveloping Tiagarra are not solely based on operational costs, as the existing exhibition requires updating. The cost to undertake this work is likely to be extensive, and will require the support and assistance of external stakeholders to ensure ITEM 11.3

PAGE 261 Report to Council meeting on 20 October 2014

cultural relevance and appropriateness along with a collaborative approach in seeking external funding. It may also require Council to consider allocating funds to the exhibition redevelopment not unlike the Bass Strait Maritime Centre. In addition the existing infrastructure is dated, and if redevelopment of Tiagarra is pursued to ensure the facility meets museum standards, a significant capital outlay will likely be required.

RISK IMPLICATIONS 

Political/Governance Should Council not decide to reaffirm its commitment to SRAC there may be a risk of a detrimental effect on its reputation due to community support. An expectation for the facility to be operational has been received by Council from the local community and visitors to the City.



Assets, Property and Infrastructure The asset is currently underutilised and appears vacant, the potential for vandalism and increased maintenance costs are possible. SRAC are obligated to undertake the covenants contained within the lease. Council have sought legal advice relating to the current lease, Section 4 (2) Default.



Financial There is a high level risk of inadequate funds to effectively operate Tiagarra in the short term (until the end of the lease agreement 6 June 2015). The risk increases at the end of the lease term due to no funds being available to operate the facility beyond June 2015. The risk remains ongoing due to the unknown operational and capital costs associated with redevelopment of Tiagarra. Council currently lease the property for a pepper corn rent, presenting minimum financial risk.



Communication/Reputation Should Council not decide to reaffirm its commitment to SRAC it may affect the relationship with key stakeholders and the Aboriginal community. If Council do not act, there is a risk that Council may be viewed as not managing community infrastructure to a level which is acceptable to stakeholders, community and ratepayers. Council are viewed as responsible for the facility, the ongoing closure of the facility has caused concern to the education and tourism sector.

CONCLUSION It has become quite clear that the Six Rivers Aboriginal Corporation does not and is unlikely to have the capacity to operate Tiagarra into the future. SRAC are in breach of the existing lease due to closure of the facility for the past two years, the lease expires June 2015. Council have invested significant resources in supporting SRAC over the many years to operate Tiagarra. The issues relating to SRAC and its ongoing issues of governance and financial capacity remain a constant theme. Termination of the existing lease would allow Council to explore alternative options for the site. It is vital Council understand the level of impact and consult with identified ITEM 11.3

PAGE 262 Report to Council meeting on 20 October 2014

stakeholders prior to considering future redevelopment of Tiagarra or any alternative uses of the building if the lease is to be terminated. Council commissioned an independent report in December 2010, undertaken by Groupwork to develop a business plan and explore future options for Toagarra’s viability. The report indicated: 

Tiagarra has great potential to tell the story of past and present Tasmanian Aboriginal Culture and attract visitors of all ages to Devonport.



The only option likely to reposition Tiagarra and increase attendances to viable levels is to take an interpretation approach and make Tiagarra a Tasmanian Aboriginal experience. This will require the removal of the existing displays and a significant budget;



Attendance of around 12,000 may be likely, coupled with retail purchases is necessary. There are sufficient visitors to Devonport to generate viable attendance levels;



The reinterpretation of Tiagarra must closely involve the Tasmanian Aboriginal Community in the development of themes and content;



If the decision is taken to proceed with the much needed redevelopment of Tiagarra then a new governance model needs to be established, with representation of stakeholders, be clear and unambiguous and remain in place until redevelopment is completed.

Two options have been provided for Council to consider in relation to this issue. The first accords with the views expressed by the Tiagarra Special Committee which would see the lease arrangement continue while further investigations and review are undertaken. The second option would see Council terminate the lease on the basis that SRAC are in default and that Council then itself in consultation with the broader Aboriginal community consider the future of Tiagarra.

ATTACHMENTS 1.

Unconfirmed Minutes of the Tiagarra Special Committee - 7 October 2014

RECOMMENDATION Option A That Council advise Six Rivers Aboriginal Corporation that based on the advice of the Tiagarra Special Committee it has determined to continue the current lease with Six Rivers Aboriginal Corporation noting that this decision requires the Corporation to: 

operate Tiagarra by appointment only;



seek and compile written evidence of stakeholder, local and broader community Aboriginal support for Tiagarra;



identify an Aboriginal person to undertake the local community consultation;



identify an Aboriginal person respected and endorsed by the Aboriginal Community to undertake broader community consultation;



provide Council with a list of names and addresses for people who are to be invited to attend the consultation sessions; ITEM 11.3

PAGE 263 Report to Council meeting on 20 October 2014



provide documentation to show financial capacity to run Tiagarra for the current term of the lease and beyond.

Option B That Council: 1.

advise Six Rivers Aboriginal Corporation that it is formally terminating the lease for Tiagarra in accordance with Section 4 of agreement entered into between Council and Corporation, on the basis that SRAC is in default as it has neglected to perform conditions under the lease including: Section 2 (18a) to keep the premises open for the purposes of permitted use during at least the hours of 10am to 5pm, 7 days a week (Christmas day and Easter Friday accepted). Section 2 (18b) to use the tenants best endeavours to develop, extend and improve the present business conducted on the premises. Section 2 (18d) not to do anything to injure the connection or goodwill of such business.

requests that a further report be prepared based on consultation with the local and broader Aboriginal community to determine the future of Tiagarra, its viability and sustainability, and Council’s future commitment.

Author: Position:

Evonne Ewins Executive Manager Community Services

Endorsed By: Position:

ITEM 11.3

Paul West General Manager

PAGE 264 Unconfirmed Minutes of the Tiagarra Special Committee - 7 October 2014

ATTACHMENT [1]

MINUTES FROM THE TIAGARRA SPECIAL COMMITTEE MEETING HELD IN THE COUNCIL COMMITTEE ROOMS TUESDAY, 7 OCTOBER 2014 COMMENCING AT 3.30PM PRESENT Ald Rockliff Ald Hollister Ald Laycock David Gough Paul Docking Evonne Ewins April Nelson

Chair Devonport City Council Devonport City Council Six Rivers Aboriginal Corporation Six Rivers Aboriginal Corporation Executive Manager Community Services (EMCS) Executive Assistant

APOLOGIES Ald Jarman Margaret Grundy Lester Jackson

Devonport City Council Six Rivers Aboriginal Corporation Community Partnerships Manager (CPM)

CONFIRMATION OF PREVIOUS MINUTES The Committee recommends to Council that the previous minutes of the meeting held 16 Sep 14 be received and noted. Moved: D. Gough/P. Hollister

CARRIED

FEEDBACK FROM STATE GOVERNMENT MEETING Meeting held on 19 Sep 14 between Council representatives and the Office of Aboriginal Affairs, Community Development Division, Department of Premier and Cabinet to discuss access to remaining Tiagarra funding. The following criteria must be met prior to any consideration of funding access:  Consultation with the local community – to be undertaken by an Aboriginal person endorsed by the Aboriginal Community. 

Consultation with the broader community – to be undertaken by an independent Aboriginal person respected and endorsed by the Aboriginal Community.



Independent consultation requires engaging an external consultant. Council and SRAC have no funds to contract a consultant.

Action SRAC are to: 

Seek and compile written evidence of stakeholder, local and broader community Aboriginal support.



Identify an Aboriginal person to undertake the local community consultation



Identify an Aboriginal person respected and endorse by the Aboriginal community to undertake broader community consultation



To provide Council with a list of names and addresses for people who are to be invited to attend the consultation sessions

ITEM 11.3

PAGE 265 Unconfirmed Minutes of the Tiagarra Special Committee - 7 October 2014

ATTACHMENT [1]

Council will: 

Provide a facility for the consultation to be held



Assist with the invitations and promotion

HOBART STAKEHOLDER MEETING The concerns raised at the meeting held on 19 Sep 14 between Devonport City Council representatives and Stakeholders in Hobart were discussed.

TIAGARRA – FINANCIAL CAPACITY SRAC financial capacity to fund Tiagarra for the remainder of the lease was discussed. Council will cover costs as stated in the current lease. SRAC state they have funds to cover electricity and phone only, until the end of the lease. SRAC state they have no funds to continue to operate Tiagarra after June 2015. Action SRAC to provide documentation to show financial capacity to run Tiagarra

TIAGARRA – OPENING Motion SRAC will delay any opening and continue to operate Tiagarra by appointment.

VOLUNTEERS Volunteer applications are still being received and processed. Action SRAC to attract additional volunteers to demonstrate a viable and sustainable model of operations.

COMMITTEE RECOMMENDATION Motion This Committee recommends to Council to continue the current lease between Council and SRAC. Moved: P. Hollister/ P. Docking

CARRIED

NEXT MEETING TBA. MEETING CLOSE – 5.20PM

ITEM 11.3

PAGE 266 Report to Council meeting on 20 October 2014

12.0

TECHNICAL AND FINANCE REPORTS

12.1

SORELL STREET SERVICE LANEWAY - PARKING REVIEW File: 12780 D343104

RELEVANT PORTFOLIO Technical and Finance RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 3.3.1

Improve the City's physical access and connectivity

SUMMARY An investigation has been undertaken into parking issues in the Sorell Street service laneway. Reasons both for and against the installation of parking restrictions are outlined in the report to allow Council to determine its position on the matter.

BACKGROUND Council at its meeting in September 2014 determined (Min. 230/14 refers): “That an investigation be undertaken, and if so decided by Aldermen at the October Council meeting, Council condition the Council owned laneway servicing 181, 183, 185 and 187 Steele Street (Title Reference 243287/1) as a ‘no parking’ laneway and subsequently install appropriate signage at the entrance to the laneway to advise motorists of such.” As a result of this resolution an investigation has been undertaken, which included consultation with the affected residents and the findings are presented in this report.

STATUTORY REQUIREMENTS In accordance with Section 10 of the Transport Act 1981 and Sections 49 and 59 of the Traffic Act 1925, Council has delegated authority to regulate parking restrictions.

DISCUSSION The unnamed laneway off Sorell Street is a single lane, 90m long. The width of the sealed laneway varies from 3.5m to 3.9m. The nature strip on the northern side varies from 1.3m to 1.6m. The unsealed shoulder on the southern side is 0.6m wide. The minimum total width is 5.7m. There is no opportunity for vehicles to pass if cars are parked all the way along the northern side of the laneway. Ten properties adjoin the lane but only five have vehicle access to the laneway. These five properties are highlighted in figure 1. Of these five properties, the laneway is the sole access point for two properties and the main access point for two more. Owners and tenants use the laneway for parking. At times, much of the northern side of the laneway is taken up by parked cars, as shown in figure 2. Generally there are more cars parked in the laneway after hours and on weekends and fewer during normal business hours.

ITEM 12.1

PAGE 267 7 uncil meeting on o 20 Octoberr 2014 Report to Cou

Figure 1: P Properties that t have access to the laneway outlined d in red.

Figure 2: P Parked veh hicles on Northern sid de of Sorell Street lane eway

ITEM 12.1

PAGE 268 Report to Council meeting on 20 October 2014

There have been reports of poor, and allegedly illegal parking practices in the laneway, most notably being parked cars blocking access to properties at the end of the lane. There have also been reports of minor accidents in the laneway, including a collision with a parked car whilst reversing from the laneway. Tasmanian Road Rules require “at least 3 metres of the road next to your car clear so traffic can pass when there’s a broken dividing line or no dividing line or strip”. This rule is applicable in many streets in Devonport where there is insufficient width for parked cars and through traffic. Street parking in the section of Sorell Street that the service laneway joins (between Steele Street and Don Road) is very limited due to this requirement. There has recently been new residential construction occurring at 187 Steele Street. Previously this site only contained one dwelling which was accessed from Steele Street. However, the dwelling currently being constructed at the southern end of the site only has access from the Sorell Street laneway. It is understood that the parking practices in the laneway have at times hampered the residential construction activities and equally added to the congestion in the laneway impacting on residents of other properties adjoining the laneway. Near the end of the laneway there is a stormwater manhole lid that if lowered would improve the available width for traffic in the laneway. Work to lower this manhole has been programmed by Council officers and will be undertaken soon. There are a number of reasons both for and against applying parking restrictions to the laneway which are outlined below: Reasons supporting a ban on parking in the laneway  Improved access to properties at the end of the lane: If parking was banned, access to the properties at the end of the laneway would be improved and there would be less chance of the access being blocked by illegal parking. It would also be possible for two vehicles to pass in the laneway, although given the low traffic volume, it is unlikely this is a frequent occurrence.  Road Safety: It has been observed that it is common for vehicles that are parked in the laneway to reverse out of the laneway onto Sorell Street. Although not illegal, it is less safe than leaving the laneway in a forward direction. If parking was to be banned, reversing from the laneway would be less frequent.  Emergency Access: If parking was banned, access for emergency vehicles would be enhanced. However it should be noted, that if vehicles are parked legally in the laneway (i.e. leaving 3m to pass), then there are no access issues for emergency vehicles. Reasons to not ban parking and retain the status quo 

Laneway Width: The laneway is of sufficient width to allow cars to park legally on one side and retain a minimum 3m clearance.



Strategic Road Use: In the Devonport Road Network Strategy, the laneway is classified as a local access, the lowest level in the road hierarchy and likely to have less than 50 vehicle

ITEM 12.1

PAGE 269 Report to Council meeting on 20 October 2014

movements per day. Generally, there would not be parking restrictions in a local access leaving users flexible to accommodate the needs of each other. 

Loss of Amenity: Although, all the affected properties have room for multiple vehicles to park off street, a loss of parking in the laneway would negatively affect most residents. For example 183 Steele Street has two separate tenants who share the access and the tenants of 1/185 Steele Street include 4 vehicle owners. Beyond the laneway, there is very limited on-street parking for these properties in Sorell Street. The nearest available parking is in Steele Street or Don Road. This means a resident would have to park up to 140m from their house if internal parking was not available.



Alienation of residents: The majority of affected owners and tenants have indicated that they oppose the ban on parking in the laneway. Many stated that parking in the laneway was occasionally an issue but could be managed by cooperation between the residents.



Lack of enforcement: The occasions when the laneway is blocked generally occurs outside of normal work hours, so Council parking attendants are unlikely to play a part in enforcing the parking ban. Enforcement would be unlikely to be a priority for Tasmania Police officers.

COMMUNITY ENGAGEMENT As part of the preparation of this report, letters were sent to all affected owners and tenants asking for feedback on the proposed parking ban. Of the responses received, only two respondents supported the proposed ban on parking, with the majority wishing to retain the current arrangements. Although not contacted by Council, three property owners in Don Road who abut the laneway but do not have vehicle access have written to Council supporting the ban.

FINANCIAL IMPLICATIONS Implementing a ban on parking in the laneway would involve the installation of two signs and could be undertaken from within the existing operational budget.

RISK IMPLICATIONS 

Communication/Reputation In choosing to either ban or not ban parking in the laneway, Council will upset some of the residents of the laneway. Council must also consider that the decision made regarding this laneway may set a precedent for other similar locations in Devonport.

CONCLUSION Due to the residential construction at 187 Steele Street, traffic in the laneway has increased, however once works are complete and traffic returns to a more normal level it is likely some of the existing issues will be resolved. Current conditions in the laneway do not appear to be different from prior to the commencement of construction activities at 187 Steele Street. It would be reasonable to assume that the owner of 187 Steele Street considered the layout of the laneway when electing to construct a dwelling whose sole access is through the laneway. Banning parking in the laneway would negatively affect more residents than it benefits and provided vehicles are parked legally in the laneway (i.e. leaving 3m to pass), the ITEM 12.1

PAGE 270 Report to Council meeting on 20 October 2014

benefits to the property owners at the end of the laneway are desirable rather than necessary. It is recommended that no further action be taken on the matter, however if Council were of a view to proceed with the introduction of parking controls in the laneway a possible alternative motion would be: â&#x20AC;&#x153;That the report of the City Engineer regarding the Sorell Street service laneway parking be received and that Council install signage to ban parking for the full length of the laneway off Sorell Street.â&#x20AC;?

ATTACHMENTS Nil

RECOMMENDATION That the report of the City Engineer regarding the Sorell Street service laneway parking be received and noted and that no further action be taken.

Author: Position:

Michael Williams City Engineer

Endorsed By: Position:

ITEM 12.1

Matthew Atkins Deputy General Manager

PAGE 271 Report to Council meeting on 20 October 2014

12.2

CONTRACT 1277 STONY RISE ROUNDABOUT CONSTRUCTION

ROAD

MIDDLE

ROAD

File: 29387 D343298

RELEVANT PORTFOLIO Technical and Finance RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.3.1

Provide and maintain roads, bridges, footpaths, bike paths and car parks to appropriate standards

SUMMARY This report seeks Council’s approval to award contract 1277 for the construction of a new roundabout at the intersection of Stony Rise Road & Middle Road to Treloar Transport.

BACKGROUND Stony Rise Road, including the intersection with Middle Road is owned and maintained by the Department of State Growth (DSG). In early 2013, increased traffic volumes and poor recent crash history at the Stony Rise/Middle Road intersection lead to the State Government allocating $1.2m to upgrade the intersection. DSG recognised Council’s ability to design and deliver the project efficiently and entered into an agreement to provide Council with $1.2m to complete the works on DSG’s behalf. Council and DSG officers have worked closely together to develop a solution to make the intersection safer and have determined that the construction of a new roundabout will provide the best long term outcome. The key reasons supporting a roundabout in this location over other traffic control methods are: 

The volume of traffic from the 3 approaches is similar;



A high level of right turn manoeuvres from all directions; and



A high number of ‘right-through’ crashes. This type of crash, where a vehicle turning right collides with a vehicle travelling through the intersection, is by far the most common crash type at this intersection. Roundabouts are considered one of the most effective treatments in these instances.

The roundabout design involves a significant amount of earthworks to provide a suitable flat area for the roundabout and to reduce the gradient of the eastern Stony Rise Road approach. This flatter area on the eastern approach is to allow for heavy vehicles to queue, and then accelerate through the roundabout. The exact roundabout location and layout has been determined by a number of constraints on the site including major Telstra (optic fibre), power and gas infrastructure, as well as private property boundaries and accesses. The detailed design was displayed for information purposes at the September Infrastructure and Works Committee meeting.

ITEM 12.2

PAGE 272 Report to Council meeting on 20 October 2014

Once final design approval was received from the DSG, tenders were called for construction. This report presents the outcome of the tender process.

STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders over the prescribed amount of $100,000.

DISCUSSION In accordance with Council’s Code of Tenders and Contracts a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments. Tenders were received from three companies. tenders and are summarised in Table 1:

All tenders received are conforming

The following table summarises the tenders received: No.

Tender

Status

Tender Price excluding GST

Kentish Construction and Conforming Engineering Company Pty Ltd (Trading as Treloar Transport)

$758,770.62

CBB Contracting

Conforming

$873,120.12

Hardings Hotmix Pty Ltd

Conforming

$1,097,382.05

As highlighted in the table, Kentish Construction and Engineering Company Pty Ltd ($758,770.62) is the lowest priced tender. The Tender Planning and Evaluation Committee have considered the three tenders against each of the selection criteria, these being:    

Relevant Experience Quality, Safety and Environmental Management Resource Base Price

The evaluation by the Committee indicates that Kentish Construction and Engineering Company Pty Ltd scored high in all criteria and so offers Council the best value for money.

COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper on 13 September 2014 and tenders were also advertised on Council’s web site.

FINANCIAL IMPLICATIONS The 2014/15 capital expenditure budget for the ‘Stony Rise Road – Middle Road Roundabout Construction’ project is $1.2m, which is fully funded by the DSG. Instalments will be paid to Council at four key milestones throughout the project. The tender received from Kentish Construction and Engineering Company Pty Ltd is for $758,770.62 ex GST which is the civil works component of the project. The remaining budget will be utilised for other aspects of the project, which are detailed in the table below. There are a number of financial risks associated with this contract and therefore it is considered necessary to include additional contingency to what would normally be budgeted for a project of this size. ITEM 12.2

PAGE 273 Report to Council meeting on 20 October 2014

The most likely risk is that large quantities of rock will be encountered when undertaking the bulk excavation works requiring a variation to the contract. The activities associated with the most likely risks are programed early in the project which will allow for the option of design changes to minimise the financial implications. The breakdown of the budget for the ‘Stony Rise Road – Middle Road Roundabout Construction’ Project is summarised in table 2. Table 2 Summary No.

Tender

Tender Price excluding GST

Contract Price

$758,770

Utilities relocations (estimated)

$20,000

Project Management/administration

$55,000

Telstra Pit adjustments and relocations

TasNetworks power pole relocation (utilities)

$50,174

State Growth Signage

$15,000

Contingency

$100,000

$201,055

Approved Capital Works budget

$1,200,000

If the project costs exceed the $1.2m budget, Council will be responsible for funding the shortfall.

RISK IMPLICATIONS 

Work Health and Safety Projects and purchases within the capital program include activities designated as High Risk under the model Work Health and Safety Regulations Part 6.1, R291. Hazard identification, risk assessment and development of safe systems of work are required to be carried out on all projects.



Political/Governance The tender administration and reporting processes related to this contract comply with Division 2A - Tenders and Work Health and Safety.



Contractual/Legal Contract management is carried out in accordance with developed policy, procedures and Council’s Code for Tenders and Contracts.



Professional Indemnity/Public Liability Contracts for consulting and contracting and supply of services include clauses to mitigate risks.

CONCLUSION Taking into account the selection criteria assessment and the tendered rates, the Tender Planning and Evaluation Committee has determined that Kentish Construction and Engineering Company Pty Ltd meets Council’s requirements and is therefore most likely to offer “best value” in relation to Contract 1277.

ITEM 12.2

PAGE 274 Report to Council meeting on 20 October 2014

ATTACHMENTS 1.

CT0119 Evaluation Committee minutes Signed

Confidential

CT0119 Contract 1277 RAB Evaluation

Confidential

RECOMMENDATION That Council in relation to contract 1277 – Stony Rise Road – Middle Road Roundabout Construction: a)

award the contract for the Stony Rise Road – Middle Road Roundabout Construction to Kentish Construction and Engineering Company Pty Ltd for the tendered sum of $758,770 (ex GST);

note that design, project management and service relocations for the project are estimated to cost $240,174; and

note that the remaining $201,055 of the project budget will be allocated as contingency for project.

Author: Position:

Shannon Eade Project Management Officer

Endorsed By: Position:

ITEM 12.2

Matthew Atkins Deputy General Manager

PAGE 275

CLOSURE There being no further business the Mayor declared the meeting closed at

pm.