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 Co ouncil Cha ambers, 44 4-48 Best Street, De evonport, on Monda ay 25 Aug gust 2014,, commenc cing at 6:00pm with the t Confid dential Item ms. 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 20 Augustt 2014
AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 25 AUGUST 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 .............................................. 165
4.0
PUBLIC QUESTION TIME .......................................................................... 166
4.1
Responses to Questions raised at prior Council Meetings ................................................... 166
4.2
Questions asked at this meeting .................................................. Error! Bookmark not defined.
5.0
CONFIRMATION OF MINUTES ................................................................................................. 168
5.1
Minutes of a Council meeting held 21 July 2014 ................................................................... 168
6.0
WORKSHOPS & BRIEFING SESSIONS .......................................................... 169
6.1
Workshop and Briefing Sessions held since the last Council meeting (D337440)............. 169
7.0
PLANNING AUTHORITY MATTERS .............................................................. 170
7.1
DISP2014.02 & PA2014.0091 Application for Combined Dispensation and Permit Setting aside existing zone to allow potato packing and distribution - 23-61 Tarleton Street East Devonport (D338159) .............................................................................. 171
8.0
NOTICES OF MOTION ............................................................................. 221
8.1
Support - Trial for Medicinal Cannabis for Tasmanians - Ald J T Keay (D337522)............. 221
8.2
Youth Policy and Establishment of a Youth Advisory Council - Ald Keay (D337537) ...... 223
9.0
MAYORAL REPORT ................................................................................. 225
9.1
Mayor's Monthly Report (D337426)........................................................................................... 225
10.0
GENERAL MANAGER'S REPORTS ............................................................... 228
10.1
General Manager's Report - August 2014 (D331485) ............................................................ 228
10.2
Planning Authority Committee Meeting - 21 July 2014 (D335507)...................................... 255
10.3
Local Government Association of Tasmania - 2014 election of President (D336298)..... 259
10.4
Infrastructure and Works Committee Meeting - 11 August 2014 (D337375) ..................... 263
10.5
Governance and Finance Committee Meeting - 28 July 2014 (D337376) ....................... 267
10.6
Community Services Committee Meeting - 18 August 2014 (D337381) ............................ 272
10.7
Unconfirmed minutes of meeting - Audit Panel - 11 August 2014 (D337886) ................... 277
11.0
CUSTOMERS AND COMMUNITY REPORTS ................................................... 282
11.1
State Emergency Services - Proposed Additional Volunteer Truck (D338126) ................. 282
11.2
Devonport Visitor Information Centre - Amended Operational Hours (D338165) ........... 287
12.0
TECHNICAL AND FINANCE REPORTS Nil
CLOSURE .............................................................................................. 293
PAGE 165 Report to Council meeting on 25 August 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)(j)
3.2
Unconfirmed minutes of the Cradle Coast 15(2)(f) Authority Board held on 8 July, 2014
3.3
LIVING CITY Project and Management Agreement
3.4
Consideration of Request
3.5
Closed Session - Governance and Finance 15(2)(f) Committee meeting - 28 July 2014
3.6
Future commitment to Tiagarra
3.7
Unconfirmed minutes of the Dulverton 15(2)(f) Regional Waste Management Board meeting held on 8 August
Development 15(2)(c) 15(2)(h)(j)
ITEM 4.0
15(2)(e)(f)(j)
PAGE 166 Report to Council meeting on 25 August 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 June 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.
2.
Public participation will be the first agenda item following the formal motions regarding Leave of Absence, Apologies, Minutes and Declarations of Interest.
3.
A maximum period of time of 30 minutes in total will be allowed for public participation.
4.
A maximum period of time of 3 minutes will be allowed for each individual.
5.
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.
6.
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.
7.
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.
8.
A question by any member of the public and an answer to that question are not to be debated.
9.
The Chairperson may a.
Address questions on notice submitted by members of the public;
b.
Refuse to accept a question.
10.
If the Chairperson refuses to accept a question, the Chairperson is to give reason for doing so.
11.
Verbal questions and the fact that a verbal response was supplied will be recorded in the minutes and where a written question is submitted the written question will be included in the minutes as well as any written answer or summary of that answer to that question.
ITEM 4.0
PAGE 167 Report to Council meeting on 25 August 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 4.0
PAGE 168 Report to Council meeting on 25 August 2014
5.0
CONFIRMATION OF MINUTES
5.1
COUNCIL MEETING - 21 JULY 2014
RECOMMENDATION That the Minutes of the Council meeting held on 21 July 2014 as circulated be taken as read and confirmed.
ITEM 5.0
PAGE 169 Report to Council meeting on 25 August 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
04/08/2014
Visitor Information Review
Purpose Centre Discussed a review of Information Centre and operations.
the Visitor its current
Tiagarra Lease - Update
Provided an update in relation to Six Rivers Aboriginal Corporation lease and proposed future operation of Tiagarra.
Devonport Basketball Council
Ongoing discussions on relocation.
Building Fees - Incentives to Provision of statistics outlining what Encourage Development stimulus, if any, the removal or reduction of planning fees might have on the building industry in Devonport. Building Works - Coles Beach
Discussion on the matter.
LIVING CITY
Briefing in preparation for LIVING CITY master plan launch.
Local Government Association President and CEO to be invited postof Tasmania - Request to Visit election to meet with Council.. 14/08/2014
TasWater Update
The Chairman and Chief Executive Officer of TasWater provided a briefing to Aldermen.
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 170 Report to Council meeting on 25 August 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
DISP2014.02 & PA2014.0091 Application for Combined Dispensation and Permit Setting aside existing zone to allow potato packing and distribution - 23-61 Tarleton Street East Devonport (D338159)
ITEM 7.1
PAGE 171 Report to Council meeting on 25 August 2014
7.1
DISP2014.02 & PA2014.0091 APPLICATION FOR COMBINED DISPENSATION AND PERMIT - SETTING ASIDE EXISTING ZONE TO ALLOW POTATO PACKING AND DISTRIBUTION - 23-61 TARLETON STREET EAST DEVONPORT File: 29517 D338159
RELEVANT PORTFOLIO Technical and Finance
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Ensure the City's Planning Scheme supports local community character and appropriate land use.
Strategy 2.1.2
Provide high quality, consistent and responsive development assessment and compliance processes.
SUMMARY
The purpose of this report is to allow Council to consider a joint application for dispensation from a local provision of the Devonport Interim Planning Scheme 2013 and an application for a planning permit to operate a resource processing business situated at 23-61 Tarleton Street, East Devonport. The application for dispensation seeks relief from the provisions of the current General Residential zoning and seeks to instead apply the provisions of the Light Industrial zone.
BACKGROUND
The application is made pursuant to the July 2014 amendments to the Land Use Planning and Approvals Act 1993 (LUPAA). Section 30Q of LUPAA makes provision for an application for a dispensation and section 30R makes provision for an application for a permit that relates to an application for a dispensation. The process to be followed by Council in considering the applications is outlined within this report which provides a summary of both aspects of the application. Council must firstly determine whether it will reject the application for dispensation or publicly exhibit it for the three weeks stipulated by section 30U(3)(a) of LUPAA. If Council resolves to exhibit the application for dispensation it must, before doing so, consider the application for a planning permit. That permit portion of the application is to be assessed by Council against the zoning provisions that would apply if the decision to grant the dispensation is endorsed by the Tasmanian Planning Commission (TPC). In this case that would mean an assessment against the provisions of the Light Industrial zone rather than the existing General Residential zoning. If Council resolves to approve the planning permit then all documents relating to both it and the application for dispensation are required to be exhibited for a period of three weeks. During that time any person may make a representation about the joint applications. Council must consider the merit of each representation received in the same way as it was required to deal with representations about the Interim Planning Scheme following its declaration by the Minister. ITEM 7.1
PAGE 172 2 uncil meeting on o 25 August 2014 2 Report to Cou
Section 30 0V of LUPA AA requiress Council w within thirty y-five days of the clossing of the e exhibition n period, to o provide a report to the TTPC aboutt its assessment of the meritt of each h representa ation. The e TPC is re equired to o convene a hearing g about e each repre esentation.. TPC must make a decision d ab bout wheth her it will approve a th he applica tion for disspensation n and plann ning permiit within thrree monthss of receiving the sec ction 30V rreport from m Council. Regardlesss of Coun ncil’s decisiion the TPC C may only grant the dispensa ation if it fu urthers the e Resource Managem ment Plan nning Syste em objec ctives, is in n accorda ance with h all State e Policies, rregional la and use sttrategies a and otherr environm mental, soc cial, economic and d heritage c criteria. Regardlesss of the fa act that the e amended d legislatio on requires the comb bined applications to o be made to the Co ouncil the final f appro oval will always rest with w the TP PC. It is op pen to the e TPC to:
conffirm the ap pplication for f a perm mit;
mod dify or dellete conditions or rrestrictions attached d to the p permit or add new w cond ditions or re estrictions to the perm mit;
refusse the perm mit; or
if the e planning g authority y decision in relation to the application a e n was to reject the application for a permit, grant a p permit subject to the e condition ns or restric ctions thatt the C Commissio on thinks fit.
Given tha at there ha as been a degree off public co omment ab bout this p proposal it should be e noted tha at membe ers of the public arre entitled to partic cipate in tthis processs through h making a representtation during the exxhibition period and involveme ent in a fo ormal TPC C hearing. n to the joint applica ation is set out o below. The reportt in relation Planning IInstrument: Applicantt: Proposal: Zoning:
Dev vonport Intterim Plann ning Schem me 2013 NEILL SHEPHAR RD & ASSOC CIATES ON BEHALF O OF TERRENC CE RATTTRAY FOR TASCOT PR ROPERTY PTY P LTD Resource proc cessing (Po otato pack king and d distribution)) Gen neral Resid dential
SITE DESC CRIPTION The subjec ct site is situated on the t north w western co orner of Bro ooke Stree t and Tarle eton Streett in East De evonport. The T properrty is outline ed in red below. b
Photo Sou urce: DCC Dekho D Janu uary 2013
a and until the comp pany went into liquida ation in 2010 the site The land ssize is 4.651ha in area was being g used as a carpet fa actory thatt originally commenc ced opera tions in 196 61. ITEM 7.1
PAGE 173 Report to Council meeting on 25 August 2014
APPLICATION DETAILS
The application has been submitted in three parts. commented on as appropriate.
Each will be reproduced and
The first part of the application is a submission by Neil Shephard and Associates to support the dispensation component of the proposal. The second part is an addendum to the Shephard Report and provides an assessment of the proposed use and development against the Light Industrial Zone and relevant Code provisions of the Devonport Interim Planning Scheme (DIPS). The third part is a submission by the owner that describes how the use and development will operate. A plan of the proposed internal layout has also been submitted and this is reproduced at the end of this report – attachment 4. This supplements the owner’s submission on the permit component for the potato packing and distribution activities.
DISCUSSION A – Application for dispensation. The first matter included for discussion is the submission by Neil Shephard and Associates for the dispensation. This is included in attachment 1. Commentary – A dispensation for all intents and purposes is an amendment to an interim planning scheme and any person may apply to Council, on the approved form developed by the Tasmanian Planning Commission (TPC). Dispensation applications can only be made to a local provision of an interim planning scheme and in this application it also includes a permit application for use and development. The Land Use Planning and Approvals Act 1993 was recently amended to allow a combined application for dispensation and a permit that relates to the dispensation to be submitted for consideration. Several comments and points of clarification are submitted in response to the Shephard submission. Several references are made throughout the document to food processing. It has subsequently been confirmed by the owner that only fresh raw potatoes are to be packaged and distributed. The applicant has provided a general comment that the 2006 rezoning from industrial to residential has been unsuccessful. It is true that no application for residential development has been made in respect of any properties in this particular precinct but Council did recently approve a 34 lot residential subdivision at 13 – 19 Tarleton Street to the north of the subject site. It is also noted that when the land was rezoned from Light Industrial to Closed Residential in 2006 it was approved with a unique opportunity for the existing businesses to have development rights for a further 3 years with any proposal subject to the discretion of Council. No significant development applications for expansion were submitted in respect to any of the listed properties. Council has to a certain extent already dealt with this matter when considering a representation about the IPS made on behalf of a number of the businesses in this precinct whereas this application applies only to the property housing the former Tascot carpet factory. Council at its meeting on 19 May 2014 determined that the request for a rezoning from General Residential to Light Industrial should be supported and this formed ITEM 7.1
PAGE 174 Report to Council meeting on 25 August 2014
part of Council’s report about the representation to the TPC pursuant to section 30J of LUPAA. The commentary considered by the Council at that meeting is set out below: No. 8 Representor Andrew Walker (Lawyer)and Neil Shephard (Consultant) on behalf of property owners and business operators in the area bounded by North Caroline Street, Brooke Street, Tarleton Street and The Esplanade East Devonport. Property
The precinct bounded by North Caroline Street, Brooke Street, Tarleton Street and The Esplanade East Devonport. Summary of Representations The representation requests that the land in this precinct be rezoned from General Residential to Light Industrial. It acknowledges that this land was rezoned from Light Industrial to Closed residential in 2006 as a result of a strategic and urban design review of the East Devonport area under the Devonport Eastern Shore Project Urban Design Framework (the Connell Wagner Report September 2004). The representation argues that many of the factors on which the Connell Wagner Report was predicated have simply not occurred some 10 years after it was written. In particular the representation highlights that: Population growth has not been sustained; There has been no demand for residential development on the subject land; Existing industrial use and development has (with the exception of the carpet factory) remained; Dependence on the TT line and facilities has grown (and is mooted to grow further) as a result of the dissipation of freight services at Bell Bay; and The carpet factory has been purchased by a food processor/packing company; and all existing non-residential businesses are experiencing growth and wish to expand or diversify. The representation also claims that aerial photographic evidence establishes that there has been no development in the area since 2007. It states that there has been no residential take up of the subject land since rezoning. It is claimed this is consistent with the characteristics of sterilized land and as existing non-residential developments run down or are forced to move because they are currently constrained from expansion the properties will become blighted and eventually dilapidated. Finally the representation also points out the significant costs that would be associated in the repatriation of the land for residential use and points out that the current market values for land in the area would simply not provide a return on investment for a potential ITEM 7.1
PAGE 175 Report to Council meeting on 25 August 2014
developer. Representation Merit The precinct in question includes the ex-carpet factory, Fresh Freight Products, the Pallet Repair company, AJL Heavy Equipment, Maxfield Drilling, and Thorpe Transport. All businesses, with the exception of the carpet factory are operating on existing use rights and a precluded from further development or expansion. The character of the land has been one of mixed use with industry, caravan parks and vacant land. There is well over 10 hectares of vacant land at the rear of the carpet factory. In the short term it is unlikely the land will be used or converted to residential use. No residential redevelopment has taken place and future use of the excarpet factory as residential is unlikely, given the high redevelopment costs and low demand for residential development. Apart from a school and visitor accommodation, commercial uses within the General Residential zone are extremely limited in scale and type and would not accommodate the existing or proposed uses for the area. The representation appears to rebut the major planks of the Connell Wagner Report in that many of the factors that influenced a rezoning to General Residential have simply not occurred, and further there has been no interest in any residential development in the area for many years. The location of the precinct provides some clear advantages for commercial operations, most notably ease of access to the Port, Airport and Bass Highway. Given the lack of interest in residential development and the possibility that restrictions on growth may encourage the relocation of some of the existing businesses there is a danger that the buildings, notably the carpet factory, may become dilapidated. A rezoning to Light Industrial would appear the best option to address these issues. Lastly, Council is aware that the businesses in this area have commissioned the consultants who prepared this representation to make an application for “dispensation� from the provisions of the Interim Planning Scheme pursuant to section 30P of LUPAA. In that process the application will eventually be referred to Council to determine whether it supports a rezoning. That may occur before this report about representations is considered by the TPC. Report to TPC Council considers that the representation has established the merits of rezoning the precinct bounded by North Caroline Street, Brooke Street, Tarleton Street and The Esplanade East Devonport from General Residential to Light Industrial. Council believes a rezoning will facilitate practical development in the area and will not adversely impact on the Interim Planning Scheme as a whole.
ITEM 7.1
PAGE 176 Report to Council meeting on 25 August 2014
The submission made by Neil Shephard and Associates in connection with the application for dispensation is substantially the same as that considered previously by Council and it is difficult to suggest that there should be any change in Council’s position on this occasion. B – Application for a planning permit for resource processing The second matter for discussion is the addendum submitted to supplement the dispensation component. The dispensation being sought is to seek relief from the General Residential zoning and that the provisions of the Light Industrial zone be applied to the property. This addendum is included in attachment 2. Commentary – The addendum refers to the Local Area objectives and desired future character statements of the Light Industrial zone. The following excerpts are taken from the Devonport Interim Planning Scheme. Local Area Objectives (a)
Light industrial use or development is clustered into one or more locations with strategic advantage for industrial activity resulting from availability of suitable land, proximity to consumer demand, efficient access for freight transport, adequate provision for utilities, and capacity to buffer use or development from land in an adjacent zone.
(b)
Restrict use that competes for and displaces availability of land for industrial use, including general retail and hire, bulky goods sales, large format retail, community meeting and entertainment, and sports and recreation.
Desired Future Character Statements (a)
Use or development for light industry – (i) (ii) (iii) (iv) (v) (vi)
(b)
occur on a site of sufficient size to fully accommodate all building and development areas; may attract a high volume of freight transport, light commercial, and passenger vehicles; may provide utilitarian buildings and structures of various size and construction; create a site with a well define frontage access; may include hardseal and illuminated car parking and loading areas, and areas for the display, storage and handling of goods and materials exposed to view from a road internal to the industrial estate; and are required to screen and buffer at zone boundaries to minimise likely impact on amenity of use on land in an adjacent zone
The operating practices and outputs of light industrial use has minimal likelihood to interfere with the amenity of land beyond the zone boundary by reason of – (i) (ii) (iii) (iv) (v)
emission to air, land or water of light, noise, odour, particulates, radiation, or vibration; visual prominence of buildings and external activity areas; hours of operation; overlooking and overshadowing; and traffic generation and the efficient operation and safety of a road network
Implementation is in accordance with the requirement in Clause 8.10.2 to have regard to the purpose of the zone in determining a permit for a discretionary use. The addendum also refers to Code E6 – Hazard Management Code of the DIPS and the applicant submits that the Code does not apply to the subject land for various reasons. ITEM 7.1
PAGE 177 Report to Council meeting on 25 August 2014
This is subject to some conjecture. The application of the Code includes use or development on land in an area exposed to risk from potential contamination as a result of previous use for an activity listed in Table 1 to the Code. Although Table 1does not specifically include carpet manufacturing Council needs to be mindful of the various reports prepared by the liquidator after the carpet manufacturing ceased. One of those reports, by Geoton Pty Ltd in December 2011 and included in attachment 3, is a detailed remediation plan and lists all the identified hazards, the steps necessary to remove or remediate them and the estimated costs of those actions. Although it is undecided whether the Hazard Management Code is applicable it may as a consequence leave the site remediation and management matters to be determined by other jurisdictions such as Workplace Standards Tasmania. Given the details of the proposal submitted by Shephard and Associates and the additional information provided by the property owner that only part of the existing facility will be used for resource processing and it may be that the total remediation plan set out in the document is not necessary. The Shephard Report indicates that neither the September 2004 Connell Wagner Report nor the draft residential strategy effectively address the significant cost of dealing with contamination of the land and the removal of asbestos and soil to rehabilitate the subject land to a state where residential development could occur. This would certainly appear to be confirmed by the Geoton report. Geoton engaged Environmental Service & Design Pty Ltd to identify occurrences of asbestos materials within the property, to enable proper management of the risks, and action to minimise those risks. Although the purpose of this report is not to examine the final recommendations they are included here to ensure that the authorities dealing with the planning considerations are aware of the workplace requirements. Environmental Service & Design Pty Ltd - November 2011, an excerpt from the detailed recommendations: 1.
Planning to manage asbestos occurrences is recommended. Options to manage the asbestos sheeting include a. b. c.
Removal followed by building demolition Removal and panel replacement, if buildings are to remain in place. Sealing and progressive removal, if buildings are to remain in place.
2.
Initially, the undamaged fixed asbestos products should generally remain in situ, sealed if the buildings are to be utilised, and be managed with the aid of an asbestos management plan. Unsealed material should be sealed (painted etc) if the buildings are to be occupied.
3.
Asbestos materials (e.g. lagging) that are likely to be impacted during scheduled refurbishment or demolition works should be removed prior to the commencement of such work, regardless of the condition of the asbestos. The majority of lagging is contained within galvanised iron sheathing, and the only access to fibre is at the ends of such sheathing. Considerable lengths of asbestos lagging has been previously removed and replaced by fibreglass.
4.
The building managers should inform occupants about the presence of asbestos materials in the building and make an asbestos register available to occupants.
ITEM 7.1
PAGE 178 Report to Council meeting on 25 August 2014
5.
Discrete signage could be considered for all occurrences; e.g. small stickers placed unobtrusively. Signage should be uniformly used; at least 5 different sign types were noted.
6.
Asbestos management policies should address the requirements for reassessment of the asbestos occurrences at regular intervals of at least 1 year and earlier if the nature or location of work in the vicinity of the asbestos material changes. This is not necessary once all asbestos materials identified have been removed.
7.
The building owner should provide a copy of the asbestos register to personnel who may be involved in construction, demolition or maintenance works, including maintenance contractors, prior to the commencement of such works. These personnel should be made aware of the use of the discrete signage.
8.
The owner of the site should, on the sale or disposal of the site, give the asbestos register to the purchaser of the building.
9.
Efforts to restrict access to this site, such as repairs to fencing and appropriate signage, are recommended to avoid asbestos exposure to trespassers.
Whether any of these recommendations have advanced or whether the current owner was aware of these reports through due diligence at the time of purchase is unknown. It is unlikely that any remediation work has been undertaken and this has been confirmed by the Environment Protection Authority in their 30 April 2013 letter to Council (D295719). The current owner advised Council Officers verbally some time ago that he had commissioned work to remove asbestos in some places in the intended work area and to ameliorate any risks from asbestos in other areas. If this is the case Council has not been provided with documentation from a registered asbestos professional. This could perhaps be dealt with in any permit conditions. If the owner works within the parameters set out in the application, that is the processing and packaging only of raw potatoes, then it would be classed as a level 1 activity for the purposes of the Environmental Management and Pollution Control Act 1994 (EMPCA) and any determination about hazard protection or reduction would rest with Council. That being the case, perhaps a sensible approach is to require remediation work only in areas where there is potential harm for employees or others entering the site. For instance it is hard to see why it should be necessary to remove or cover a significant volume of mildly contaminated soil on the northern boundary which is a long way removed from the area of operation and is in fact separately fenced. Similarly, if the activity level remains as proposed is there a need to demolish the boiler house and remove an underground storage tank on the southern side of the building. Council does, however, have a duty of care to protect those who would use the site if a planning permit is granted. The applicant should therefore be required to satisfy Council that the asbestos issue has been satisfactorily resolved. There are also the buried drums, contents unknown, on the north eastern corner of the building to be used. This will be where heavy vehicle traffic is likely and consideration should be given to the excavation and safe removal of those drums. C – Details of the proposed resource processing operation The third component of the application is the details of the proposed potato packing factory operation. This has been provided by the owner Mr Terrence Rattray and is included as attachment 4.
ITEM 7.1
PAGE 179 Report to Council meeting on 25 August 2014
Commentary – There is limited information to comment on in the formal application documents. Questions on the initial application were asked at the pre-application stage and the answers were responded to by either the owner or applicant. A summary of these queries was based upon: a) b) c) d) e) f) g) h) i) j) k) l) m) n) o)
Unknown completion of site remediation. Clarification of the intended use as defined by the IPS. The scope of the development i.e. other vegetables. Explanation of ancillary timberwork and mechanical areas. Explanation of storage areas. Details of waste management and water requirements. Storage of waste. Assessment of hazards. Scope for future compatible uses and development. Relevance of the Draft Devonport Residential Land Strategy 2012. Consultation with TasWater. Requirements if any for a hazard analysis of the food processing. Details of package labelling. Traffic Impact Assessment. Advertising signage.
These matters were considered by the applicant and owner and responded to in their final submission. Some of the queries are no longer relevant. For instance packaging details will not be required for the simple processing and packing of raw potatoes. On the other hand the owner has been encouraged to make immediate contact with TasWater since the processing is likely to involve the washing of some product and the disposal of waste which would trigger consideration of trade waste installations. In summary the owner indicates that the Tascot site will become a fresh potato packing factory and there will be only fresh, whole raw potatoes packaged for wholesale and retail distribution nationally and internationally. Further a timber work and mechanical area is designated to support the use.
FINANCIAL IMPLICATIONS
No financial implications are predicted unless expert advice is required to be obtained if the application proceeds to a Hearing conducted by the Tasmanian Planning Commission.
RISK IMPLICATIONS
There has been considerable public comment about this proposal, both for and against it. It is likely therefore that whatever decision Council makes some members of the Devonport community will be aggrieved. This can be countered to a certain extent by the knowledge that the TPC can overturn or modify the dispensation and any conditions of the draft planning permit.
CONCLUSION
The Planning Authority has to decide whether to reject or publicly exhibit the application and invite representations. After the expiration of the prescribed 3 week advertising period a report is prepared for the Planning Authority that discusses the merits of any representation received. The Planning Authority then submits the report and submitted documents to the TPC who will conduct a hearing to help it consider each representation and the merits of the proposal. ITEM 7.1
PAGE 180 Report to Council meeting on 25 August 2014
If the Planning Authority decides to reject the dispensation component then it is taken that the permit is simultaneously refused. Similarly the Planning Authority has the option of favouring the dispensation but refusing to grant the permit for the use and development. In deciding whether to exhibit the application the Planning Authority has to be satisfied under the Land Use Planning and Approvals Act 1993 that a dispensation granted in accordance with the application (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.
The applicant has provided comment on these matters and if Council considers that they have been satisfied then it may exhibit the application and seek public comment. In deciding whether to grant or refuse a permit the Planning Authority under the Land Use Planning and Approvals Act 1993 (a)
must seek to further the objectives set out in Schedule 1; and
(b)
must take into consideration each of the prescribed matters that are relevant to the use or development to which the application relates.
The applicant’s addendum provides comment on these matters. Section 30T of the Land Use Planning Approvals Act 1993 requires the Planning Authority to consider the permit application first. In this regard the submitted addendum by the applicant considers how the proposed activity meets the Light Industrial zone standards and any relevant code standards. A tenuous link has been identified between the application of the Hazard Management Code of the DIPS and the previous contaminating activities on the site. The Code applies if there is potential as a result of previous use for an activity listed in Table 1 to the Code. This issue has been dealt with in the commentary in relation to part B and can be dealt with in conditions to the permit. The issue of the continued commercial use in a building identified as containing asbestos is not able to be addressed under the Resource Management Planning System of Tasmania. The government department with competent jurisdiction is Worksafe Tasmania. The requirements of their legislation would need to be addressed by a Building Surveyor most likely before employment commenced. The recommendations by Environmental Service & Design Pty Ltd would be integral with any assessment. It would be appropriate that these recommendations are at least noted if the Planning Authority decides to grant a permit for the resource processing use.
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ATTACHMENTS 1.
Submission by Neil Shephard and Associates
2.
Addendum by Neil Shephard and Associates
3.
Geoton Report
4.
Submission by Terrence Rattray
5.
Pitt & Sherry site plan
RECOMMENDATION That in accordance with section 30T of the Land Use Planning and Approvals Act 1993 the Planning Authority grants a permit for resource processing at 23-61 Tarleton Street, East Devonport subject to the following conditions: 1.
Unless requiring alteration by subsequent conditions of this permit the use and development is to be undertaken in accordance with the details received on 1 August 2014 from: a)
Terrence Rattray of Anchor Organics; and
b)
The Zone and Code E6 Addendum by Neil Shephard and Associates on behalf of Tascot Properties Pty Ltd; and
c)
The Site Plan prepared by Pitt and Sherry, Drawing No DV14068-G1 Revision A dated 31.07.14.
2.
Prior to commencing the permitted activity the owner or his agent is to provide a schedule of works arising from the recommendations of the Environmental Service and Design Pty Ltd report dated November 2011. This work is to be undertaken in collaboration with Worksafe Tasmania and an appropriately qualified and experienced consultant. The Environmental Service and Design Pty Ltd recommendation no.1 that forms part of this permit is to seal and progressively remove all asbestos sheeting. A schedule of works for this option is to be submitted for consideration and subsequent approval prior to commencing any work.
3.
Prior to commencing the permitted activity the owner or his agent is to engage an appropriately qualified and experienced consultant to remove and dispose of buried drums and the surrounding potentially contaminated soil at the identified part of the site. Upon completion validation testing results of the remediated areas are to be provided before any further site works commence.
4.
Prior to commencing the permitted activity the owner or his agent is to construct a sealed impervious area for car parking suitably drained and delineated in accordance with AS/NZS 2890.1 – 2004 Parking Facilities. This applies to the car parking for 20 cars and 40 cars respectively that are indicated on the Pitt and Sherry drawing at the eastern section of the site.
5.
Prior to commencing the permitted activity the owner or his agent is to install a properly constructed sealed and drained driveway between the boundary gate indicated as Gate 4 on Brooke Street to all the factory entrances that are to be utilised as referenced on the Pitt and Sherry drawing. This construction is to include all vehicle manoeuvring areas. ITEM 7.1
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6.
The operator and owner of the permitted activity is not to change any process, construct, install, alter or remove any structure or equipment or change the nature or quantity of a pollutant that will result in environmental harm.
7.
Prior to commencing the permitted activity the specified truck parking area assigned on the eastern boundary contiguous with the 20 cars is only to be constructed to the industry standard and appropriately delineated for larger vehicles after the site has been remediated and identified drums and contaminated soil removed.
8.
Prior to commencing the permitted activity the existing broken kerbing near the gate 4 access is to be removed and replaced with a formal vehicle crossover in accordance with IPWEA standard drawing TSD-R16-v1, type KCRB & B1.
9.
Prior to commencing the permitted activity a vehicle driveway apron must be installed from the back of the crossover and extend to the property boundary at Gate 4. This driveway apron must be installed in accordance with IPWEA standard drawings TSD-R16-v1, type KCRB & B1 and TSD-R09-v1 and must be a minimum width of 6m. The distance from back of kerb to the gate must be of a sufficient length to allow a truck to stand without protruding over the Brooke Street road pavement. Suitable realignment of the perimeter fence and entrance gate is to be undertaken to achieve this.
10.
Prior to commencing the permitted activity any identified vegetation within Brooke Street, adjacent to the access of gate 4, must be removed to a standard where sight distance compliance with IPWEA drawing TSD-RF01-v1 can be achieved.
11.
Prior to commencing the permitted activity the owner or his agent is to contact the appropriate utility services for any design criteria regarding the modification of any pit covers/lids within the driveway access.
12.
The developer is responsible to repair/re-instate any damage incurred to Council assets as a result of undertaking these works.
13.
Prior to undertaking any works within the road reservation a ‘permit to work’ must be sought and approved from Council.
And secondly That under Section 30S of the Land Use Planning and Approvals Act 1993 the Planning Authority determines: (a)
to support the application for dispensation to set aside the General Residential zone standards for land at 23-61 Tarleton Street, East Devonport subject to the provisions of the Light Industrial zone being applied; and
(b)
to exhibit the application for dispensation and the permit for three weeks.
Or The Planning Authority rejects the dispensation application submitted for 23-61 Tarleton Street, East Devonport because it is not satisfied that the application seeks to further the provisions of the Land Use Planning and Approvals Act 1993 in so far as it conflicts with Council’s Strategic direction to convert the land to residential use and development.
Author: Position:
Brian May Development Manager
and
Health
Services
Endorsed By: Position:
ITEM 7.1
Matthew Atkins Deputy General Manager Infrastructure Works and Development
P PAGE 183 Submission S by y Neil Shephard and Asso ociates
ATTTACHMENT [1 1]
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8.0
NOTICES OF MOTION
8.1
SUPPORT - TRIAL FOR MEDICINAL CANNABIS FOR TASMANIANS ALD J T KEAY File: 17370 D337522
In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman J T Keay.
MOTION
“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.”
ALDERMAN’S COMMENTS No supporting comments were provided. OFFICER’S COMMENTS Tasmania’s Legislative Council is conducting an inquiry into medicinal use of cannabis. The decision to hold the inquiry followed a State Government’s rejection of a proposal from a local company to trial growing, processing and the administration of medicinal cannabis in conjunction with the University of Tasmania. A media release issued by the Legislative Council on 4 July 2014 stated: A Legislative Council Committee has initiated a parliamentary inquiry into legalising the use of cannabis for medical purposes. The Legislative Council’s Government Administration Committee A has agreed to in the inquiry following widespread public debate about the issue in recent days. Inquiry Chair, Ruth Forrest MLC, said the purpose of the Inquiry was to thoroughly examine all aspects related to the legalisation of the use and cultivation of cannabis for medical purposes and any barriers that prevent access for medical purposes. “The Committee will provide a robust process in which many claims and counterclaims being made about the issue can be tested,” Ms Forrest said. “The Committee agreed to set up the inquiry in light of evidence that cannabis does have a beneficial role in medicine including in the area of palliative care use, treatment of the adverse side effects associated with chemotherapy and some forms of epilepsy. “The commercialisation of growing cannabis for medicinal purposes could also provide some economic benefits to Tasmania, including much needed employment,” she said. Ms Forrest acknowledged that the State Government has recently rejected further consideration of this matter, however, the findings of a thorough investigation may provide an opportunity for future consideration.
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“As there have been a range of conflicting claims about enabling access to cannabis for medicinal purposes and providing a regulatory framework to enable its cultivation, the best way to ensure a fully-informed debate is for the Committee to examine it in detail and present its findings to the Government and the wider community,” she said. “As part of this Inquiry the Committee will also consider the various modes of administration of cannabis for medicinal purposes which is an important aspect of any therapeutic product used in treating patients with challenging health needs.” “Any measure that has the potential to bring positive benefits to people suffering serious and debilitating illnesses, deserves to be given serious and in-depth consideration by all Tasmanians,” Ms Forrest said. The Inquiry’s Terms of Reference are: Legislative Council Government Administration Committee A Inquiry Terms of Reference That Government Administration Committee A inquire into and report on the use of natural botanical medicinal cannabis flower and extracted cannabinoids for medical purposes, in particular: 1.
The efficacy and safety of natural botanical medicinal cannabis flower and extracted cannabinoids for medical purposes;
2.
If, and how, natural botanical medicinal cannabis flower and extracted cannabinoids could and/or should be supplied for medical use;
3.
The legal implications and barriers to the medicinal use of natural botanical medicinal cannabis flower and extracted cannabinoids in Tasmania;
4.
The legal implications and barriers to the growing and commercialisation of cannabis flower and extracted cannabinoids in Tasmania to ensure: (a)
a scientific-based approach;
(b)
quality control;
(c)
consistency;
(d)
reliability; and
(e)
ongoing research and development of cannabis-based medicines.
5.
The potential impact on agricultural or other sectors within Tasmania; and
6.
Any other matters incidental thereto.
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8.2
YOUTH POLICY AND ESTABLISHMENT OF A YOUTH ADVISORY COUNCIL - ALD KEAY File: 11569 D337537
In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman J T Keay.
MOTION “That: a)
a review and update of the Youth Policy of Council be undertaken; and
b)
Council endorse the establishment of a Youth Advisory Council and a report to be provided to Council on the models, governance etc available, in order to progress establishing such a Council.”
ALDERMAN’S COMMENTS The Youth Policy has not been updated since 2003 and with the transfer of the Zone to YAFF the policy is outdated. Council should still have a Youth Policy and shouldn’t downgrade its commitments to the youth in our community. The idea of a Youth Advisory Council for the City is not new, however other municipalities in the State have successful Youth Councils. For Devonport, an advisory Council’s role could be to provide important input and advice to the Council to assist with its decision making. The impact of under-representation (or non-existence) of this demographic in Local Government could be mitigated by such an Advisory Council and provide an important balance of perspectives and information. Such Youth Council’s would be well supported externally by the Youth Network of Tasmania (YNOT) and successful models, such as Burnie and Launceston City Councils would be a good starting point. Engaging youth in our Council is critically important and this is a good way to promote Council and Local Government to this demographic. OFFICER’S COMMENTS Consultation and engagement with young people over the past few years indicates the issues raised in the 2003 Youth Policy remain relevant today. However, a review of all community development policies and plans, including the Youth Policy is scheduled as part of the establishment of a Community Development Framework. The framework will understand Council’s position on Community Development, its principles, target groups and themes and is an action within this year’s Corporate Annual Plan. The development of the plan will include targeted consultation. Council Officers facilitated a Mayor’s Youth Advisory Council (MYAC) from 2005 - 2010, MYAC wound up due to decline in participation and lack of interest from new members. This is partly due to the high level of school and extra curricula commitments from members. Also, the change in how young people engage has moved towards social media rather than traditional meetings. As an alternative Council Officer’s remained engaged with school leadership groups on matters of importance, for instance youth leaders have been consulted as part of the Community Safety Strategy review and the recent review of Council Strategic Plan. Council also has sought youth representatives on several Council committees with representatives currently on the Eastern Shore Special ITEM 8.2
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Committee and Imaginarium Special Committee. Young people are also actively involved in delivery of the annual National Youth Week celebration including the Reclaim the Lane Festival and the Devonport Regional Arts Gallery who have a dedicated Youth Group the DROOGS. Given the changes in how young people communicate and engage, Officers recommend establishing a youth dedicated social media forum to seek input on Council matters, promote opportunities for participation and for young people to have dialogue on matters important to them. This is also currently an action identified in the East Devonport Community Plan. An alternative motion that Council may like to consider is as follows: “That Council: a)
continues youth engagement throughout Council activities;
b)
determine that the Youth Policy be reviewed and included within a broad Community Development Framework; and
c)
technology be used to seek input and feedback from young people including establishing a virtual Youth Advisory Group using social media.�
ITEM 8.2
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9.0
MAYORAL REPORT
9.1
MAYOR'S MONTHLY REPORT File: 22947 D337426
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 July 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 July 2014:
Resident meeting Rod Andrews – President, Devonport City Soccer Club Child & Family Health Centre, East Devonport Graham Jones – President, Devonport & Surrounds Tourism Assoc. Kathleen Priestley – Devonport LINC Chat n Choose Open Morning Radio 7AD interviews NAIDOC Flag raising ceremony & celebration Mersey Leven Child Care Centre – Road Safety for Children launch Building Families – Kidsafe Cheryl Fuller – Office of Jacqui Lambie East Devonport Primary School – Helen Cole Council Workshop Guy Barnett MP – Launceston Cradle Coast Authority – Board Selection Committee Amnesty International NW Branch Meercroft Park Special Committee Women Can Join – Local Government Candidate forums Philip Lamont QANTASLink Cradle Coast Tourism – APPnGo presentation (Anvers) QANTASLink Cradle Coast Tourism – Launch (Ghost Rock) QANTASLink Cradle Coast Tourism Conference (Latrobe Hall) Ald Damon Thomas Lord Mayor Hobart ITEM 9.1
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WIN TV Cradle Coast Tourism Awards Dinner (Axeman Hall of Fame) Infrastructure Works Committee meeting Cradle Coast Authority Selection Committee – Board interviews Pastor Mark Blankehorn Resident meetings ABC TV interview Braddon Liberal Team meeting Mersey ferry – interested parties Devonport Basketball Council – Annual Dinner Planning Authority Committee Funeral – Clarence Byrne, past Alderman & Deputy Mayor Devonport Jazz Window Competition judging Council Ordinary Meeting Food Connection Project Design Forum Advocate – LIVING CITY LGAT AGM, Meeting & Annual Conference - Hobart Education Ambassador Meeting - Hobart ABC Radio interview ABC Burnie Eisteddfod Volunteer forum DCCI – MOU Renew Devonport Devon State Netball Presentation Night Devonport Jazz White Ribbon Ambassador, Devonport High School Devonport Angler’s Club Volunteer Recognition Gateway Church 50 Years celebration National Tree Day, Clayton Reserve Devonport Ten Pin Bowling Governance & Finance Committee Citizenship Ceremony – 8 new citizens Nixon Street Primary School Parents & Friends Official Opening Housing Solutions Office – Steele Street Community Safety Liaison Committee
COMMUNITY ENGAGEMENT There was no community engagement as a result of this report.
FINANCIAL IMPLICATIONS There are no financial implications as a result of this report.
RISK IMPLICATIONS It is believed there are no risks associated with this report.
CONCLUSION Meetings and functions attended by the Mayor are report on a monthly basis.
ATTACHMENTS Nil
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RECOMMENDATION That the Mayor’s monthly report be received and noted.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 9.1
Paul West General Manager
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10.0
GENERAL MANAGER'S REPORTS
10.1
GENERAL MANAGER'S REPORT - AUGUST 2014 File: 29092 D331485
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 16 July to 19 August 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.
Met with representatives of Council’s Bankers, Commonwealth Bank regarding the provision of employee related services.
1.4.
Attended the Devonport Magistrates Court in relation to the claim by a ratepayer that Council has no legal jurisdiction to impose rates and charges on ratepayers. This was a very brief mention of the issue and allowed for the General Manager’s affidavit to be read into evidence. The matter is next listed before Magistrate Brett on 5 September.
1.5.
Attended a meeting of Council’s Audit Panel. The items discussed included consideration of the draft Financial Report for year ended 30 June 2014. The minutes of this meeting have been provided to Council in a separate report.
1.6.
Met with the Tasmanian Audit Office as part of their finalisation of the Council’s year-end financial reporting requirements. ITEM 10.1
PAGE 229 Report to Council meeting on 25 August 2014 1.7.
Council’s staff health and wellbeing program participated in the ‘Dry July’ event. ‘Dry July’ is a program where staff members volunteer to give up alcohol for the month of July and at the same time raise money for an agreed charity. This year 10 staff members participated in the event and were well supported by their colleagues through a number of fund raising events. During ‘Dry July’ $1,166 was raised through morning tea fundraisers, soup lunches and pie days. A footy margin competition and a tattslotto tree were also successful funding raising activities. The fund raising efforts were also supported by local businesses in particular Banjos Bakery and Wagyu Pie Company. The money raised was presented to the fund raising activities of three Devonport High School students for the Polden family.
1.8.
Met with representatives of Belgravia Leisure to discuss aspects relating to the first six months of operations at the Devonport Aquatic and Leisure Centre. Generally the feedback was that the first six months has been extremely positive and that the attendances at the Centre surpassed early expectations. During the period the following entrances were recorded: Casual entry Fitness Members Learn to Swim Lane Hire Bookings Total
69,019 60,617 21,655 1,649 1,172 154,112
The total number of members who joined during the period was 2,056. Belgravia continues to review their operational model to ensure that the users of the facility are obtaining value. The review includes providing expanded and specifically tailored classes at the Centre both in fitness and aquatics. 2.
3.
LIVING CITY 2.1.
Met with representatives of the P&I Group to discuss their ongoing involvement with the LIVING CITY project as it moves from the concept stage to detailed planning and implementation. A separate report on this issue was provided to Council in Closed Session.
2.2.
Attended the launch of the LIVING CITY Master Plan at C-Max Cinemas on 7 August 2014. The Premier, Hon Will Hodgman, Independent Community Taskforce Chair, Royce Fairbrother and Mayor Steve Martin officiated at the event. The Master Plan is now on public exhibition and a final report allowing for its formal adoption will be provided to the 22 September Council meeting.
2.3.
Attended a number of staff briefings on the LIVING CITY plans following the launch. This was an opportunity for Council staff to be informed and given information that would allow them to communicate the plans if asked.
2.4.
Attended the community forum hosted by the Advocate Newspaper at C-Max Cinema.
COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.
Met with representatives of the Devonport North Rotary Club to discuss opportunities for future Council support for their events, the Devonport Motor Show and Breakfast in the Park. The Club is seeking to develop a partnership agreement with Council particularly in relation to the Motor Show which in 2014 attracted over 5,500 visitors and 513 vehicle entries. Council staff will be ITEM 10.1
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considering how a partnership arrangement could be developed and will report to Council in due course. 3.2.
4.
Met with representatives of the Meercroft Park Development Committee to discuss a number of matters including the proposed future water and sewerage charges imposed by TasWater and future lease obligations regarding maintenance of facilities.
NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.
Attended a meeting with the State Government Liberal Braddon Members. The meeting allowed the local representatives to meet informally with Aldermen to discuss a number of issues including:
Local Government Elections – Council outlined its concerns in relation to amendments to the Local Government Act 1993 relating to electoral provisions. In particular the issue of “all-in, all-out” elections was discussed as it was Devonport Council’s adopted position that the previous “twoyearly cycle” which saw half the Council up for election was the preferred model.
LIVING CITY – this project has the potential to be one of the largest infrastructure investments initiated on the North West Coast for many years. Council advised the Braddon members that after adopting the Master Plan it needs to be able to move to the implementation phase with a high degree of certainty and confidence which is why the support of the State Government is so important and appreciated.
Don River Railway - the Railway is a tourist icon in the North West. For the Don River Railway to continue to grow is largely dependent on its ability to provide an attraction that tourists want to visit and experience. Regaining access to the Tas Rail network is an important part of its future plans and therefore from a State Government perspective the questions Council sought answers to the following:
o
What is the process for getting the Don River trains back on the main line (including getting the signals back to allow access to the main track)?
o
Is there any opportunity for public liability insurance for tourist railways in the State to be covered under the one policy through the State Government?
Mersey River (Torquay) Ferry - There has been significant media attention given to the ceasing of the Mersey River Ferry by its operators Phoenix Coaches. A major reason given as to why the ferry was taken off the river was due to the removal of the State Government subsidy a couple of years ago. The Ferry has been an important public transport link across the Mersey River for more than 160 years and Council was disappointed that for what appeared to be economic reasons (mainly caused by the removal of the State Government subsidy) it has ceased operating. There have been calls for Council to subsidise the Ferry operators to ensure that it can be returned to the river as soon as possible. Council however is of the view that it is not responsible for public transport and it should not be stepping in to financially support the Ferry’s operations. ITEM 10.1
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The question was asked does the State Government have any plans to address the concerns of the local community regarding the loss of this valued service? The response provided indicated that unless a sound sustainable business model can be demonstrated it is unlikely that the State Government would commit any future financial support to the ferry.
Education and Life Long Learning - representatives from a diverse range of stakeholders including education, business, employment, economic development and community organisations recently briefed Aldermen on the need for a strategy to be developed which mobilises learning in all forms to drive social, economic and cultural life of the community. Devonport ranks very low in terms of its socio-economic status, which indicates low levels of literacy, numeracy, difficulty in retaining young people in education, limited job opportunities resulting in poor quality of life outcomes which includes social isolation, poor relationships, intergenerational mind set and culture, amongst other social issues. The stakeholders in addressing Council indicated the view that Council should play a lead role in the facilitation of strategy, and the building of a culture of learning which is based on a partnership approach. It was indicated that the State Government is very supportive of the lifelong learning concept and would encourage a community driven project along the lines of the information provided.
4.2.
Attended the 2014 Local Government Association of Tasmania (LGAT) Annual General Meeting, General Meeting and Conference in Hobart from 23 – 25 July. Devonport City Council was also represented by Mayor Martin, Deputy Mayor Kent, Ald Goodwin and Ald Rockliff. The Minister for Planning and Local Government, Hon Peter Gutwien addressed the AGM and the following is a summary of his comments: Local government issues should be worked on together for the benefit of all Tasmanian's. Important for the State and local government to ensure this is their primary focus. Outlined that the pensioner remissions were to be maintained this year even though the Federal Government had reduced the amount they will pay to the State, however he was not in a position to comment on what might happen in future years and this will be announced as part of the State Budget to be delivered at the end of August. Building relationships and fostering of cooperative approach – this was the view held before election and continues to be held. There will at times be political differences between the State and local government but he believes that all anyone wants to see is communities prosper and continue to grow – to achieve this aim there need to be strong local leadership State Government prepared to work with local government on the challenges the communities are being faced with - West Coast was given as an example. One of the most important areas is regional economic development strong relationship and partnership - no silver bullets - work to provide the right environment to get outcomes – being cooperative and innovative is the key in sustaining economic growth - pride and place of ownership. ITEM 10.1
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Currently resource sharing happens as a result of circumstances – local government needs to take competitive advantages presented to them – having a strategic approach to resource sharing is one way to progress this aim - what is happening is encouraging - but we need to do more. Premier’s Local Government Council (PLGC) has a growth agenda – this includes the planning agenda and the implementation of a single statewide planning scheme - will only work with the assistance and active involvement of local government. It is intended to build on work already done with regional planning schemes – would like to see the regional schemes up to a common level as soon as possible - concerns and rights of property owners need to be protected in the process - overarching state-wide principles across the State - clearly articulate state policies and strategic directions - current State policies don't meet this requirements and currently cause confusion and cause blockages to developments – we need to ensure that a cohesive contemporary planning process is implemented - consultation will be critical and will be the responsibility of the Planning Taskforce - will keep what is working and fix what isn't - need local government to achieve the outcome desired. Local government elections – currently the Act provides that to be a Mayoral and Deputy Mayoral candidate you have to have served at least a 12 month period as a councillor to be eligible - the State Government does not yet have a formal position on the issue - personally the Minister believes it is counter intuitive - anyone should be able to stand (a vote on the issue was later carried by a small majority). Councillor allowances have strong parallels with his other role as Tasmania’s Treasurer - in light of the difficult financial situation of the State his view is that it is incumbent on all to shoulder some of the burden and consider a pause in increasing allowances for elected members. Video conferencing - not convinced this should be allowed - use of technology puts a distance between the participants in the debate and decisions and he is of the strong view this should be made in person – there may be some exceptions but these should be limited. Clear policy not to force amalgamation - if there was willingness for councils to look at the issue the State Government would be prepared to assist the process. Over the coming years the Minister hopes to have a fruitful and encouraging relationship with local government and is always happy to have a debate – he is not intending to ride rough shot over local government - it's about working together. The theme of this year’s conference was “Building Stronger Councils and Communities”. The conference program included presentations from: Craig James – High Road or Low Road? Setting the Path for the Tasmanian Economy Craig James is the Chief Economist of Commonwealth Securities and spends his time interpreting ‘big picture’ economic and financial trends. Discipline around spending - what should be focused on to fix things - just continuing to cut out spending is not the answer - opportunities ahead for. ITEM 10.1
PAGE 233 Report to Council meeting on 25 August 2014
Tasmania - make sure there is opportunity for young people should be an imperative to ensure the future of Tasmania. He referred to the big picture issues commenting on both the United States and China. The US economy is recovering and doing better with unemployment now at 6% S down from 10%. China's economy is still growing by around 7.5%. In Australia be believes the $ is too high and also questioned when the interest rate should go up? The Australian economy has had 22 years of consecutive growth – currently is recording a 2.7% underlying inflation rate with- 6% unemployment rate and 2.5% cash rate. The Australian currency is currently trading around 94 US cents. He indicated that these conditions are likely to continue for some time into the future. State of the States - Tasmania remains at the bottom of the Australian economic performance table lagging other states on four of the seven indices in 2009 Tasmania was on top - things change – we now need to focus on the strengths and build on Tasmania’s natural advantages. In the past Tasmania has tended to lag behind other states but over time it generally corrects itself - jobless rate in Tasmania is coming down (even if only by small amount). Home prices increased in Tasmania by 2.5% whereas in NSW they have increased by 15.4%. NSW experience is a correction from past low increases and is purely as a result of the “supply and demand” factors. Tasmania is heading towards its moment of truth – it needs to enter new markets - renegotiate contracts – encourage capital investment - revise strategy - collaboration and customisation are the key to success. Tim Gartrell – Campaign Director - RECOGNISE RECOGNISE is pursuing Aboriginal recognition in the Australian Constitution. There is currently no recognition of Aboriginal and Torres Strait islander people and their prior occupation and custodianship of land, water and seas in our founding legal document. There are clauses in the constitution which are discriminatory, which are hard to change. Australia has one of the hardest constitutions in the world to make change too there needs to be a double majority - majority of the people voting and the majority of the States - to get change there has to be a very sound model developed in collaboration with Aboriginal and Torres Strait Islander people. RECOGNISE needs to maintain multi-party support and strong political leadership – it also needs community support - all Australians, all states, community and sporting organisations and business - need a winning campaign during the referendum period and wide ranging support. Not all Aboriginal people are in support but a strong majority are - what can organisations do? Adopt a charter of support (resolution of council - support in principles behind the issues and wait for the detail) support Tasmanian's for recognition group as they undertake their- journey to recognition around the country (community by community conversations). Tarran Deane – The Trust Economy: Building Reputation and Results Tarran Deane is the Chief Executive Officer and Founder of Corporate Cinderella which is an executive empowerment firm based in Queensland. ITEM 10.1
PAGE 234 Report to Council meeting on 25 August 2014
The trust economy: building reputation and results – look towards the LEAN way of doing business - reinvent yourselves - need to set out each day with optimism - lean thinking is one principle - too often leaders burn out and their passion goes and the willingness to stay the course wains - giving yourself permission to shake the status quo - always choose the high road in everything you do. Places need to become destinations - choosing to do business differently - do a stocktake when you are approaching major milestones - build up communication strategies in smart bright new ways - leaders have a desire to do a job well - in our bid to do things really well sometimes fear overcomes us important for people to understand the mechanics and to be able to trust the process - when people don't understand the process you need to be there for them and make every effort to encourage them to understand - need to learn how to ride through the tensions in the workplace. Perception versus reality - trust is often about this - in 2014 Business is debate for change - search - evaluate - execute - how will you pride goes before form - respond to circumstances as they arise issues will occur as you move forward - always beware of the constantly look for the solutions.
leading the build trust - boundary pitfalls and
Felicity Ann Edwards – President of the Australian Local Government Association Provided a briefing on issues at the national level. White paper on the review of the Federation which is looking at productivity and infrastructure. This is a widespread review with the aim of getting the Australian Federation working better. Most commentators don't believe the Federations is working well and that there should be reform - terms of reference released at the end of June - end duplication and make dealing with governments easier - not simply about the Commonwealth and the States has to include local government - issues papers will be released later this year. White paper on the reform of the Australian tax system - local government has to play a part in any future model - needs to be a 21st century view not something from over 100 years ago when the constitution was adopted service delivery does not matter to the normal every day person - constitutional change legal uncertainty remains. The Federal Government is committed to providing funding to local government - plays a role in the Federation - encouraging councils to have input and put submissions forwarded - national commission of audit recommends that the Commonwealth should pay no funding to local government - given that local government is and should be a State responsibility - funding question is about financial sustainability - demand for services is still growing but the ability of the community to pay is questioned look at the match between services and the ability to raise income (tax) - must be united in opposing the passing of taxation collection onto local government - freezing of Financial Assistance Grants (FAGs) is an issue - must fight to have the indexation freeze removed from FAGs - national policy agenda - improve productivity through deregulation and infrastructure projects - need to get the right level of regulation - focus on housing approvals and small business regulations - infrastructure investments and procurement.
ITEM 10.1
PAGE 235 Report to Council meeting on 25 August 2014
John Cromie – Debt is not a Dirty Word The Australian Centre of Excellence for Local Government recently released a working paper titled ‘Debt is not a Dirty Word’ which was prepared by John Cromie. Many councils Australia wide have capacity to generate significant savings and reduction in risk by paying down borrowings by utilising current savings in the bank. Collectively on average Tasmanian councils have some debt but have also significant amounts of money in the bank, Some councils are adverse to debt – this is not a reasonable thing - councils can better serve their community by use of debt - only use debt to finance something that we don't currently have the cash for – councils need to ask themselves have we got the capacity to better serve the community by utilising debt? - 3% of the operating revenue comes from interest in the bank whereas only 1% is expended to fund the cost of borrowings - many councils asset renewal problems stem from their aversion to debt - some legislative/guidance changes are warranted - the way debt is structured often generates unnecessary impacts on cash flow through raised interest rate risk exposure. Underutilising debt must result in capital works being paid for by of overcharging people as the assets are being paid for by people today for those of tomorrow - there is no definitive answer as to what the perfect level of debt is - debt must be the lowest possible relative to what is needed to accommodate outlays needed in order to maintain affordable services (inter generational). Focus on underlying annual operating result - councils should strive to make sure that they have a manageable small operating surplus - local government building new capital works are expected to have higher levels of debt to those who are just holding their own - why not save up rather than debt - does not stack up really. When and how to borrow - fixed or variable - encourage councils to have more variable interest rates than fixed - allows debt to be repaid when they have spare cash - timing - no point having money in the bank for a purpose and a loan for another - do all of this through accounting records not bank accounts – good treasury management is - forecasting future cash flow - maximise returns/minimising costs relative to an acceptable level of risk. John Stanley – Ghost Town, Clone Town or Home Town Challenge for everyone is to develop projects to bring communities alive markets which need to be considered includes the tourist market and the local market - food tourism is the highest growing market in the world - second fastest growing market is garden tourism - 20% more green spaces in urban areas by 2020 - visitor staying overnight spend on average $167 - every $1 spent by tourists creates $4 circulating in the local community. Consumers prefer to shop locally - prefer to support their local town - home town - clone town - ghost town - every community makes a decision on what type of town it wants to be:
Ghost towns – self explanatory
Clone towns - they all look the same and there is no point of difference
ITEM 10.1
PAGE 236 Report to Council meeting on 25 August 2014
Home towns - is the future "place" that attracts people - if you don't have entertainment in a town then people in their 20’s will move to where they can get - farm fresh food research says that there has to be a farm fresh food offering - technology has to be available - promote local entrepreneurs (particularly young) - creating a home town is like a building a jigsaw - business community, schools and local council working towards the same goal - key stakeholders need to be working together - have to get everybody together - community needs to be connected - all technology needs to be connected through a central hub to make it easier for the consumer - regular festivals/ events - each community should have at least 4 events each year - a vibrant coffee culture - if there is no decent coffee shop we move on - day makers not salespeople towns will be killed by salespeople who process - if that is your attitude we will buy on line - we want people who will make our day - engagement is the key - engage with people before their visit (technology) during their visit and then after their visit - to build a community we need a ‘delight’ strategy - delight = expectation + 1 - needs to personalise service - retailer networking keep the $ local networking co-branding - family friendly facilities - the right retail and activity mix for the community which could include space activation or pop-up activities - a "bricks" and "clicks" business community strategy - marketing has changed with technology 97% using www is looking for local information - marketing budgets 60% social media 40% traditional media - business community that is measuring standards to identify and understand its strengths and weaknesses today's consumer wants weekday convenience and a weekend experience - the aim is to own the territory find out what is weird and what are the towns strengths, weaknesses, opportunities and threats.
Female consumers are making the decisions harder to capture, understand and predict (35 year old women) getting the local right consists of three rules: 1.
Let them know you exist
2.
Be consumer friendly
3.
Look the part
Rules to grow business 1.
Increase spend per visit
2.
Increase customer loyalty
3.
Get the customer to come more often - sell solutions - watch price points add on sell - bundle product offers - promote "new" - marketing with a cause works.
Future local communities will have local heroes, virtual communications, a diverse range of product/services, retailers that have merchandise which appeals to their customer base - the ultimate experience you want in your town is the biggest challenge - what do you have to do to achieve it and what is your action plan - need to have innovative businesses which work with passionate people and are business leaders. Studies indicate that 80% of businesses believe they provide superior service however only 8% of consumers agree with them.
ITEM 10.1
PAGE 237 Report to Council meeting on 25 August 2014
Panel Discussion – Planning for Success The Panel included Mary Massina (Chairperson Planning Taskforce), Andrew Paul (General Manager, Clarence City Council) and Rob Leitch (Property Developer). The Panel discussed the State Government’s imperative to establish a single, state-wide planning system which is faster, cheaper and fairer. The Planning Taskforce is to provide the Minister with a report on the issue by December 2015. Roger La Salle – Innovate or Perish Spoke about the need for councils to look for new ways of doing business. In the business environment life expectancy for business and/or new business is approximately 5 years unless they are prepared to innovate and regularly reinvent themselves - if you are not innovating you will become extinct - what does the word innovate mean - change - people only buy things for one reason because they see value for money - councils have a role in ensuring that opportunities for networking across councils. As an example some councils are putting video cameras on the front of garbage trucks and then they get a view of the street every week – others are selling advertising on the side of the garbage trucks - why not other vehicles as well – have sponsored links on the website – the only thing holding you back is your ability to think about new and innovative ways of increasing your revenues. Tony Morris – If You Can’t See It, You’re Not Listening Tony teaches people the most important body language for day-to-day business. This was a motivational session where the art of reading body language was considered.
5.
4.3.
As an Owner Representative on the Dulverton Waste Management Joint Authority participated in the recruitment and selection committee process for the appointment of Board members and chairman. A report is to be provided to the Representatives Meeting in October regarding the recommendations of the selection committee.
4.4.
A Workshop was convened to allow interested Aldermen to meet with the Chairman and Chief Executive Officer of TasWater. Matters raised at this meeting included the implementation of trade waste charges on local businesses; pricing services plan and the move to consistent target tariffs (postage stamp pricing) across the State; impacts proposed new charging may have on sporting clubs and not-for-profits; costs charged to property owners for disconnection of water services; future opportunities for briefing sessions for Aldermen and the community. TasWater undertook to investigate a number of the matters raised and to provide formal responses where necessary.
STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.
Attended a briefing by the Employment Services Coordinator regarding the Work for the Dole program being rolled out by the Federal Government. The advice provided was that Work for the Dole is a priority for the Government. Work for the Dole in the current financial year will apply to those aged between 18 and 30 and who are registered with a Job Services Australia (JSA) provider and who have a work experience activity requirement. The scheme is being offered on a ‘mutual obligation basis’ and is not designed to be accredited training.
ITEM 10.1
PAGE 238 Report to Council meeting on 25 August 2014
The criteria established by the Government require that 75% of Work for the Dole places are to be individual placements. The other 25% can be project based. All placements are undertaken by a Job Services Australia (JSA) provider. A person between 18 and 20 will be required to work 12 hour per week for a six month period to remain eligible for receipt of new start benefits. A person aged 21-30 will be required to work 15 hours per week. A restriction on participating in a Work for the Dole program is that the work cannot result in the displacement of current workforce. There may be some limited funding available to assist group activities however it will be dependent on the project and the purpose for which the funding is to be used (ie supervision, materials, etc). A fact sheet provided by the Department of Employment is provided as an attachment. Council staff is currently assessing opportunities that may be available to host Work for the Dole participants. 5.2.
Council has received correspondence from the Minister for Planning and Local Government providing an update on the ‘Role of Local Government Project. As part of the project the Premier’s Local Government Council (PLGC) has endorsed the Terms of Reference for four high level working groups, dedicated to the priority areas of:
collaboration;
economic development;
governance; and
legislation.
These working groups are made up of senior representatives from the Tasmanian Government agencies and local government and are committed to working together to develop a three year strategic action plan by the end of 2014. The working groups are to support the Government’s broader reform agenda through developing initiatives to support economic growth, increase collaboration, reduce red tape and deliver efficiencies within the local government sector. A copy of the Minister’s letter and details of the established working groups is provided as an attachment. 6.
OTHER 6.1.
Petition Guidelines and Prescribed Petition Form Petition Guidelines and a Prescribed Petition Form have been developed for Council and are attached for Aldermen’s information. The guidelines provide prospective petitioners with a framework regarding the development of a petition and prescribed directives that are in accordance with Division 1 of the Local Government Act 1993 (“the Act”). The guidelines will assist petitioners in ensuring their petition is in the prescribed form, and valid under the Act. It also details the lodging and tabling of a petition. The Petition Guidelines and Prescribed Form will be placed on Council’s website.
ITEM 10.1
PAGE 239 Report to Council meeting on 25 August 2014
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 Councils’ operating budget as a result of this recommendation.
RISK IMPLICATIONS Any specific risk implications will be outlined in the commentary above. Any specific issue that may result is any form of risk to Council is likely to be subject of a separate report to Council.
CONCLUSION This report is provided for information purposes only and to allow Council to be updated on matters of interest.
ATTACHMENTS 1.
Petition Guidelines and Prescribed Forms under the Local Government Act, 1993
2.
Work for the Dole Host organisation Fact Sheet
3.
Role of Local Government Project
4.
Action Report on Council Resolutions - August 2014
RECOMMENDATION That the report of the General Manager be received and noted.
Author: Position:
Paul West General Manager
ITEM 10.1
P PAGE 240 Petition P Guide elines and Prrescribed Forrms under the e Local Gove ernment Act, 1993 1
ITEM 10.1
ATTTACHMENT [1 1]
P PAGE 241 Petition P Guide elines and Prrescribed Forrms under the e Local Gove ernment Act, 1993 1
ITEM 10.1
ATTTACHMENT [1 1]
P PAGE 242 Petition P Guide elines and Prrescribed Forrms under the e Local Gove ernment Act, 1993 1
ITEM 10.1
ATTTACHMENT [1 1]
P PAGE 243 Work W for the Dole Host org ganisation Fa act Sheet
ATTTACHMENT [2 2]
ITEM 10.1
P PAGE 244 Work W for the Dole Host org ganisation Fa act Sheet
ATTTACHMENT [2 2]
ITEM 10.1
P AGE 245 Role R of Local Government Project
ATTTACHMENT [3 3]
ITEM 10.1
P AGE 246 Role R of Local Government Project
ATTTACHMENT [3 3]
ITEM 10.1
P AGE 247 Role R of Local Government Project
ATTTACHMENT [3 3]
ITEM 10.1
P AGE 248 Role R of Local Government Project
ATTTACHMENT [3 3]
ITEM 10.1
PAGE 249 Action Report on Council Resolutions - August 2014
ATTACHMENT [4]
DEVONPORT CITY COUNCIL ACTION REPORT ON COUNCIL RESOLUTIONS - AUGUST 2014 OPEN SESSION
Â
MEETING DATE
RESOLUTION NO
July 2014
184/14/14
D331846
185/14
D332602
186/14
D333841
188/14
D324267
190/14
D332255
FILE REF
RESPONSIBLE OFFICER
RESOLUTION/ITEM/TOPIC
STATUS
COMMENTS
Report be provided on merits of converting Turton Street between Wenvoe Street intersection and Forbes Street, to one way or other measures that may satisfactorily address the concerns of the local residents. Submit agenda item to next General Meeting of the Local Government Association of Tasmania requesting the Association formally request the State Government to review and amend the Government’s procedures for the disposal of State owned public land, including property acquired by default, by introducing prior sale conditions. Note the information relating to provision of clothing to Parking Attendants and requests that when future replacements are considered the aspect of visibility and safety are taken into account together with the results of a risk assessment and the view of the officers. Council formally acknowledge the centenary anniversary of the Red Cross in Tasmania and accept the offer of the official Red Cross rose and commemorative plaque and it be placed in an appropriate Council maintained garden. Trial public Wi-Fi in Rooke Street Mall prior to summer tourist season with funding from Rooke Street Mall Improvements Capital Works line item, noting other projects may be delayed. State Government funding be applied for in line with announced investment in the Information and Communications Technology sector as part of the 2014 election campaign. After trial period dependent on success consider allocating funding for wider roll out in the 2015/16 budget.
In progress
Report being prepared for Infrastructure and Works Committee.
Completed
Letter sent 28 July 2014
In progress
Information being gathered.
In progress
Letter sent 28 July 2014 to arrange for rose to be received.
GM
In progress
Currently obtaining quotes and information in preparation for November 2014 launch of trial.
EM (C&B)
ITEM 10.1
DGM (IW&D)
GM
EM (C&B)
PAGE 250 Action Report on Council Resolutions - August 2014
MEETING DATE
RESOLUTION NO
July 2014
192/14
D334392
194/14
D334154
195/14
D333984
196/14
D333445
197/14
D333747
198/14
D333346
FILE REF
ATTACHMENT [4]
RESOLUTION/ITEM/TOPIC
STATUS
IWC 1/14 awarded contract for Mersey Vale Memorial Garden project to Classic Landscapes. Determined not to provide a nomination for appointment to the Local Government Board at this time. In relation to the Renew Devonport project: (a) Accept the Memorandum of Understanding as attached to this report for guiding the implementation of the project; and (b) Provide the MoU to Tasmanian Regional Arts and Devonport Chamber of Commerce and Industry for signing. Agreed to a request for provision of financial support towards the 2014 Australian Freestyle Motocross Championships and Bike Show. Advise Meercroft Park Development Committee Inc that it is prepared to accept the proposed arrangements for the repayment of bridging finance advanced to the Committee in February 2014. Prepare an education program for food premises operators and the general public about the need to restrict or remove the supply of food to the pigeon population in the Devonport CBD.
Â
ITEM 10.1
RESPONSIBLE OFFICER
COMMENTS
GM
Completed
Email advice forwarded to LGAT 22 July 2014.
Completed
MOU signed 25 July 2014. promotion.
In progress
Letter sent to Sports Marketing (cc’d Latrobe Speedway) 23 2014. Letter sent to Meercroft Development Committee 23 2014.
Completed
In progress
Education developed.
program
Media
GM
EM (CS)
Aust July
EM (CS)
Park July
EM (CS)
being
DGM (IW&D)
PAGE 251 Action Report on Council Resolutions - August 2014
ATTACHMENT [4]
Previous Council Resolutions - still being actioned MEETING DATE
RESOLUTION NO
FILE REF
RESOLUTION/ITEM/TOPIC
STATUS
COMMENTS
June 2014
146/14
D330596
Completed
Discussion held at Workshop on 4 August 2014. No further action to be taken at this point in time.
DGM (IW&D)
147/14
D330943
In progress
Workshop held. Further information being sought from the current owners of the ferry.
GM
155/14
D327998
Investigate introduction of incentive scheme for waiving and/or reduction of planning fees associated with applications for construction of new homes within the City. Workshop the implications of closing down of Torquay Ferry considering what options, if any, may be available to save this historic service. In relation to future retail promotion determine that: a. Devonport City Focus Special Committee be wound up; b. Allocate $20,000 seed funding in 2014/15 Annual Plan & Estimates to Tas Regional Arts and DCCI to establish Renew Devonport, subject to support from property owners to participate in DCCI project; and c. Continue to participate in activities which promote retail in Devonport in line with budgetary allocations. In relation to future governance structure for Bass Strait Maritime Centre: 1. Determine by absolute majority to wind up Maritime and Heritage Single Authority; 2. Establish the Maritime and Heritage Special Committee in accordance with Section 24 of the Local Government Act 1993 and transfer existing members of Authority to new Committee; and 3. Terms of reference for new Special Committee be provided to the July 2014 Council meeting for adoption.
157/14
D330614
Â
ITEM 10.1
RESPONSIBLE OFFICER
Completed
EM (CS) a. Letter sent to Committee. b. MOU signed.
EM (CS) 1. Completed
1. Letters sent to members.
2. Completed
2. Advertised in Gazette.
3. Draft TOR September.
to
be
reported
PAGE 252 Action Report on Council Resolutions - August 2014
MEETING DATE
RESOLUTION NO
June 2014
157/14
D330614
RESOLUTION/ITEM/TOPIC
STATUS
In relation to future governance structure for Bass Strait Maritime Centre: 1. Determine by absolute majority to wind up Maritime and Heritage Single Authority; 2. Establish the Maritime and Heritage Special Committee in accordance with Section 24 of the Local Government Act 1993 and transfer existing members of Authority to new Committee; and 3. Terms of reference for new Special Committee be provided to the July 2014 Council meeting for adoption. 1. Engage consulting firm to prepare report on drainage issues re 160B Sheffield Road and Gibson Court subdivision; and 2. Not proceed until agreement obtained from Mr & Mrs Wyllie that findings of report will be accepted. Further investigate opportunities for links with China.
1. Completed
1. Letters sent to members.
2. Completed
2. Advertised in Gazette.
RESPONSIBLE OFFICER
3. Draft TOR to be reported July.
In progress
127/14
D327223
April 2014
89/15
D324677
91/14
D324767
i.
the Spreyton Cricket Club be permitted to utilise high fencing at baseball diamond for a high boundary fence on eastern side of number 2 oval.
In progress
64/14
D322327
Receive the unconfirmed minutes of the Public Art Advisory Committee meeting held 4 March 2014 and provide in principle support to: 1. the Devonport RSL for a contemporary memorial commemorating the evacuation of Gallipoli on the condition that more accurate historical data be sought on Charles Littler’s role; 2. utilise up to $10,000 allocated in the 2013/14 capital works budget towards conceptual development of a memorial commemorating the evacuation of Gallipoli; and 3. enter into an agreement with Devonport RSL to progress the proposal to concept development stage.
In progress
ITEM 10.1
COMMENTS
EM (CS)
May 2014
March 2014
FILE REF
ATTACHMENT [4]
In progress
Letter sent to Wyllies seeking agreement by 30 June 2014. Mr & Mrs Wyllie requested additional time to consider Council’s offer and a second extension to 29 August 2014 has been provided. Workshopped with Council on 7 July 2014. Further investigation and consultation underway. Waiting on proposal and further information from Spreyton Cricket Club via MPMCA.
DGM (IW&D)
EM (CS) EM (CS)
EM (CS)
1. Letter sent. Awaiting confirmation of Littler’s role prior to proceeding. 2. 2014/15 allocation brought forward due to Council still awaiting confirmation of Littler. 3. Dependant on data verification.
PAGE 253 Action Report on Council Resolutions - August 2014
MEETING DATE
RESOLUTION NO
January 2014
11/14
July 2013
186/13
FILE REF D317079
D301113
ATTACHMENT [4]
RESOLUTION/ITEM/TOPIC
STATUS
COMMENTS
1. Delegations issued to the General Manager (or any officer acting in that capacity); and 2. Authorises that those powers and functions may be sub-delegated by the General Manager pursuant to Section 64 of the Local Government Act 1993. Subject to the Minister’s consent, approval be given to transfer approximately 285m² of land comprised in Certificate of Title Volume 15621 Folio 1 to TasWater, subject to TasWater paying all costs associated with the transfer.
In progress
Instrument of Delegation issued to the General Manager.
In progress
Delegation instruments to employees in the process of being updated in accordance with changes to organisational structure. Information provided to TasWater from Crown Land Services. Awaiting their advice to progress this matter.
RESPONSIBLE OFFICER GM
GM
ITEM 10.1
PAGE 254 Action Report on Council Resolutions - August 2014
ATTACHMENT [4]
CLOSED SESSION MEETING DATE
RESOLUTION NO
FILE REF
RESOLUTION/ITEM/TOPIC
STATUS
COMMENTS
July 2014
178/14
D334163
Received and noted the report regarding the LIVING CITY master plan. Master Plan to be formally adopted at 22 September 2014 Council meeting.
Completed
Master plan launched on 7 August 2014 and made public for community feedback.
RESPONSIBLE OFFICER DGM (IW&D)
Previous Council Resolutions - still being actioned MEETING DATE
RESOLUTION NO
FILE REF
RESOLUTION/ITEM/TOPIC
STATUS
June 2014
132/14 134/14
D328319 D330731
Noted the report on Fenton Villas. Owners of dilapidated building have been issued with a Show Cause Notice in accordance with the Act.
In progress In progress
December 2013
322/13
D315100
In progress
October 2013
260/13
D310129
1. Council undertake a facilitative role in collaboration with stakeholders to determine a future model of operations at Tiagarra; and 2. Review the terms of reference of the Closing the Gap Special Committee and its membership and resolve governance stature with stakeholders. Authorise the General Manager to: 1. Negotiate and determine the most suitable outcome for Council to purchase, either by agreement or compulsory acquisition strategic properties for LIVING CITY project; 2. Report the outcomes of the negotiations to Council for further consideration.
In progress
COMMENTS Show Cause Notice issued. Response received to Show Cause Notice and owner indicated they will comply. Currently awaiting quotes for asbestos removal and demolition. Council staff and Aldermen met with SRAC members. Awaiting formal response in relation to lease and future operating model.
Action in relation to this resolution reported to Council through Closed Session minutes.
RESPONSIBLE OFFICER GM DGM(IW&D)
EM (CS)
GM
ITEM 10.1
PAGE 255 Report to Council meeting on 25 August 2014
10.2
PLANNING AUTHORITY COMMITTEE MEETING - 21 JULY 2014 File: 29133 D335507
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 Planning Authority Committee meeting held on Monday, 21 July 2014.
ATTACHMENTS 1.
Minutes - PAC - 21 July 2014
RECOMMENDATION That the minutes of the Planning Authority Committee held on Monday, 21 July 2014 be received and noted. PAC 11/14
Planning Applications Approved Under Delegation during the period 17 June to 15 July 2014.
PAC 12/14
PA2014.0080 - Residential (Dwelling and Shed) - assessment against performance criteria for location and configuration of development and suitability of a site - 28 Harris Road, Stony Rise (D334772).
PAC 13/14
PA2014.0082 - Permitted - change of use (business and professional services photography studio) & discretionary - assessment against traffic generating use and parking code (less parking spaces provided than minimum requirement) - 51 Formby Road, Devonport (D334773).
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 10.2
Paul West General Manager
P AGE 256 Minutes M - PAC C - 21 July 20 014
ATTTACHMENT [1 1]
ITEM 10.2
P AGE 257 Minutes M - PAC C - 21 July 20 014
ATTTACHMENT [1 1]
ITEM 10.2
P AGE 258 Minutes M - PAC C - 21 July 20 014
ATTTACHMENT [1 1]
ITEM 10.2
PAGE 259 Report to Council meeting on 25 August 2014
10.3
LOCAL GOVERNMENT ASSOCIATION OF TASMANIA - 2014 ELECTION OF PRESIDENT File: 26998 D336298
RELEVANT PORTFOLIO General Manager RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.1.4
Develop and maintain partnerships and advocate for improved service provision, funding and infrastructure
SUMMARY This report is provided to assist the Council in considering a request from the Tasmanian Electoral Commission (TEC) seeking nominations for the election of President of the Local Government Association of Tasmania (LGAT).
BACKGROUND By letter dated 25 July 2014 (attached), TEC has been asked to conduct the 2014 election of President of LGAT to serve until the conclusion of the 2015 Annual General Meeting of the Association.
STATUTORY REQUIREMENTS The election is being conducted in accordance with Section 27(c) of LGAT’s rules adopted 12 May 2004.
DISCUSSION As a member of LGAT, each member is entitled to nominate one elected member of a Member Council for the position of President of LGAT. The timetable for the election is detailed on the attached letter. Nominations must be received by TEC by 5 p.m. Wednesday 3 September 2014.
COMMUNITY ENGAGEMENT There has been no community engagement undertaken as a result of this report.
FINANCIAL IMPLICATIONS There are no financial implications that relate to this report.
RISK IMPLICATIONS There are no risk implications as a result of this report.
CONCLUSION Council can determine whether it wishes to make a nomination for the 2014 election of President of LGAT.
ATTACHMENTS 1.
Tasmanian Electoral Commission - Local Government Association Of Tasmania — 2014 Election ITEM 10.3
PAGE 260 Report to Council meeting on 25 August 2014
RECOMMENDATION OPTION A: That Council in response to the request from the Tasmanian Electoral Commission nominate ______________________________________ for the election of President of the Local Government Association of Tasmania. OR OPTION B: That Council in response to the request from the Tasmanian Electoral Commission determine not to provide a nomination for the election of President of the Local Government Association of Tasmania.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 10.3
Paul West General Manager
P PAGE 261 Tasmanian T Electoral Com mmission - Loc cal Governm ment Associattion Of Tasma ania — 2014 Electiion
ITEM 10.3
ATTTACHMENT [1 1]
P PAGE 262 Tasmanian T Electoral Com mmission - Loc cal Governm ment Associattion Of Tasma ania — 2014 Electiion
ITEM 10.3
ATTTACHMENT [1 1]
PAGE 263 Report to Council meeting on 25 August 2014
10.4
INFRASTRUCTURE AND WORKS COMMITTEE MEETING - 11 AUGUST 2014 File: 29528 D337375
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 Infrastructure and Works Committee meeting held on Monday, 11 August 2014.
ATTACHMENTS 1.
Minutes - Infrastructure and Works Committee - 11 August 2014
RECOMMENDATION That the minutes of the Infrastructure and Works Committee held on Monday, 11 August 2014 be received and the recommendations contained therein be adopted. IWC 5/14
Valley Road Soccer Complex Update (D335262)
IWC 6/14
Driveway Policy (D336272)
IWC 7/14
Infrastructure and Works Report (D334562)
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 10.4
Paul West General Manager
P PAGE 264 Minutes M - Infra astructure an nd Works Com mmittee - 11 August 2014 4
ITEM 10.4
ATTTACHMENT [1 1]
P PAGE 265 Minutes M - Infra astructure an nd Works Com mmittee - 11 August 2014 4
ITEM 10.4
ATTTACHMENT [1 1]
P PAGE 266 Minutes M - Infra astructure an nd Works Com mmittee - 11 August 2014 4
ITEM 10.4
ATTTACHMENT [1 1]
PAGE 267 Report to Council meeting on 25 August 2014
10.5
GOVERNANCE AND FINANCE COMMITTEE MEETING - 28 JULY 2014 File: 29468 D337376
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 open session of the Governance and Finance Committee meeting held on Monday, 28 July 2014.
ATTACHMENTS 1.
Open Minutes - Governance and Finance Committee meeting - 28 July 2014 - web
RECOMMENDATION That the minutes of the open session of the Governance and Finance Committee held on Monday, 28 July 2014 be received and the recommendations contained therein be adopted. Open Session GFC 1/14
Public Interest Disclosures Act 2002 - Procedures Manual (D331571)
GFC 2/14
Annual General Meeting (D332446)
GFC 3/14
Elected Members’ Expenditure Report (D333893)
GFC 4/14
Equal Employment Opportunity (EEO) and Diversity Policy (D333374)
GFC 5/14
Recruitment and Selection Policy (D333373)
GFC 6/14
Harassment, Bullying and Anti-Discrimination Policy (D333392)
GFC 7/14
Governance and Finance Report (D332428)
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 10.5
Paul West General Manager
P PAGE 268 Open O Minutes - Governan nce and Fina ance Committtee meeting - 28 July 201 14 web w
ITEM 10.5
ATTTACHMENT [1 1]
P PAGE 269 Open O Minutes - Governan nce and Fina ance Committtee meeting - 28 July 201 14 web w
ITEM 10.5
ATTTACHMENT [1 1]
P PAGE 270 Open O Minutes - Governan nce and Fina ance Committtee meeting - 28 July 201 14 web w
ITEM 10.5
ATTTACHMENT [1 1]
P PAGE 271 Open O Minutes - Governan nce and Fina ance Committtee meeting - 28 July 201 14 web w
ITEM 10.5
ATTTACHMENT [1 1]
PAGE 272 Report to Council meeting on 25 August 2014
10.6
COMMUNITY SERVICES COMMITTEE MEETING - 18 AUGUST 2014 File: 29530 D337381
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, 18 August 2014.
ATTACHMENTS 1.
Minutes - Community Services Committee - 18 August 2014
RECOMMENDATION That the minutes of the Community Services Committee held on Monday, 18 August 2014 be received and the recommendations contained therein be adopted. CSC 1/14
Minutes of Controlling Authorities, Working Groups and Special Committee Meetings (D334236)
CSC 2/14
Use of Council Leased Grounds on Good Friday (D333323)
CSC 3/14
Development and Health Services Report (D334794)
CSC 4/14
Learning Communities Strategic Framework (D335503)
CSC 5/14
Financial Assistance Grants 2013-14 Acquittals (D337137)
CSC 6/14
Partnership Agreements 2013-14 Annual Reports (D337164)
CSC 7/14
Food Security Grant (D337374)
CSC 8/14
Community Services Report (D333650)
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 10.6
Paul West General Manager
P PAGE 273 Minutes M - Com mmunity Serv vices Committee - 18 Aug gust 2014
ITEM 10.6
ATTTACHMENT [1 1]
P PAGE 274 Minutes M - Com mmunity Serv vices Committee - 18 Aug gust 2014
ITEM 10.6
ATTTACHMENT [1 1]
P PAGE 275 Minutes M - Com mmunity Serv vices Committee - 18 Aug gust 2014
ITEM 10.6
ATTTACHMENT [1 1]
P PAGE 276 Minutes M - Com mmunity Serv vices Committee - 18 Aug gust 2014
ITEM 10.6
ATTTACHMENT [1 1]
PAGE 277 Report to Council meeting on 25 August 2014
10.7
UNCONFIRMED MINUTES OF MEETING - AUDIT PANEL - 11 AUGUST 2014 File: 26327 D337886
RELEVANT PORTFOLIO General Manager RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.6.4
Provide internal and external audit functions to review Council's performance, risk management, financial governance and reporting
SUMMARY To report the unconfirmed minutes of the Audit Panel meeting held on 11 August 2014.
BACKGROUND The Audit Panel is in place to assist Council in fulfilling its oversight responsibilities by providing independent advice and assurance in regard to the Council’s financial management, risk management, internal control and compliance framework. The membership of the Panel is two Aldermen and three external independent persons. In accordance with the Local Government (Audit Panels) Order 2014 in appointing the independent members, the Council:
is to ensure that the person possesses good business acumen and sound management and communication skills; and
may take into account any other relevant knowledge, abilities and skills of the person including, but not limited to: (i)
knowledge and expertise in the areas of audit practices and financial management; and
(ii)
knowledge of and experience in relevant industries; and
(iii)
experience with governance processes including, but not limited to, risk management.
STATUTORY REQUIREMENTS All Councils must have Audit Panels that operate in accordance with the Local Government (Audit Panels) Order 2014.
DISCUSSION The unconfirmed minutes of the Audit Panel meeting held on 11 August 2014 are attached for Aldermen’s information (Attachment 1). Items of note from this meeting include:
Annual Financial Statements – the draft, unaudited financial statements were presented to the panel and discussed in detail
Interim Audit Report – the panel looked at the recommendations from the Interim Audit Report and sought updates on progress of recommended actions
Terms of Reference of Panel Members – The terms of Chairman, Rob Atkinson and Alf Mott expire in August 2014, whilst Ken Clarke’s term expires on 15 July 2016. The Audit ITEM 10.7
PAGE 278 Report to Council meeting on 25 August 2014
Panel Charter requires that the “three independent positions on the Panel are to be appointed within twelve months of a Council election for a maximum term of four years”. The Panel recommend to Council that the terms of members Rob Atkinson and Alf Mott be extended until 31 December 2014, allowing sufficient time for Council elections to be held, the next scheduled meeting of the Panel on 24 November and an expression of interest process for Panel membership to be completed.
COMMUNITY ENGAGEMENT There was no community engagement undertaken.
FINANCIAL IMPLICATIONS There are no financial implications as a result of this report.
RISK IMPLICATIONS
Political/Governance The Audit Panel plays a key oversight role in Council’s Risk Management activities providing elected members with an extra level of comfort that the systems in place are adequate. Within its charter, the primary objectives of the Audit Panel are:
to support and assist Council in providing a transparent and independent process in its financial and risk management practices to ensure accountability to the community in the governance, management and allocation of resources
to provide guidance to the adequacy and effectiveness of the system of internal controls throughout the Council
to work together in a cooperative manner for the benefit of the Council and the Devonport community
to carry out its functions with a view to ensuring that Council seeks to adhere to the governance
CONCLUSION The information contained in the report and the minutes of the Audit Panel meeting held on 11 August 2014 are presented to the Aldermen as per the recommendation below.
ATTACHMENTS 1.
Unconfirmed minutes of meeting - Audit Panel - 11 August 2014
RECOMMENDATION That Council receive and note the unconfirmed minutes of the Audit Panel meeting held on 11 August 2014 and extend the terms of panel members Rob Atkinson and Alf Mott until 31 December 2014. Author: Position:
Shane Crawford Executive Manager Business Services
Corporate
and
Endorsed By: Position:
ITEM 10.7
Paul West General Manager
PAGE 279 Unconfirmed minutes of meeting - Audit Panel - 11 August 2014
ATTACHMENT [1]
DEVONPORT CITY COUNCIL AUDIT PANEL MINUTES OF MEETING HELD MONDAY 11 August 2014 AT 1.00PM 1.
Attendance Members - Rob Atkinson (Chair), Alf Mott, Ken Clarke, Ald Grant Goodwin Officers - Paul West (General Manager), Shane Crawford (Executive Manager Corporate and Business Services), Kym Peebles (Executive Manager Organisational Performance) Apologies - Ald Graham Kent, Matthew Atkins (Deputy General Manager)
2.
Confirmation of Minutes of previous meeting It was resolved unanimously that the Minutes of the meeting held on 2 June 2014 be confirmed as true and correct.
3.
Matters arising and Schedule of Requests and Recommendations Progress against the Schedule was noted. The Interim Audit Report(Action 24/2014) was discussed with the panel discussing each recommendation and progress on rectification to date. The discussion included:
In relation to segregation of duties for the Payroll Officer, the Panel requested management responses reflect that the officers access has not been modified to date, but a number of additional controls have been implemented. It was also recommended management consider implementing a process for sign-off and recording of the new payroll control reports (FTE, audit reports) (Action 26/2014)
A flow chart to be developed detailing the accounts payable process, including individuals involved and controls in place and this to be presented as part of the next presentation to the panel on the accounts payable system scheduled for next year (Action 27/2014)
Management need to consider implementing a process for sign-off and recording of the new IT administrator modification and access report (Action 28/2014 )
The final report of the Auditors following their current Audit is to be circulated to the Panel as soon as it is received (Action 29/2014)
4.
Declarations of Interest No Declarations of Interest were made at this meeting.
5.
Annual Financial Statements – including Financial Performance Report for June The Executive Manager Organisational Performance provided an introductory overview of the draft financial statements and end of financial year results. There were a number of items raised in relation to the financial statements, and resultant actions (Action 30/2014) specifically:
the maturity profile for borrowings disclosed in Note 24 is to be reviewed
Note 19 – Investment in TasWater – add further disclosure to the $5.6m for Fair Value adjustments on available-for-sale assets. ITEM 10.7
PAGE 280 Unconfirmed minutes of meeting - Audit Panel - 11 August 2014
ATTACHMENT [1]
Refer notes 19 and 41 back to note 1(i)
Review how other Councils treat the application of guarantee fees and whether they should be included as investment revenue
Review Splash utility charges
Explanation was sought as to the increased use of consultants and contractors and the increase in bad and doubtful debts
The sundry debtors disclosed in Note 17 is to be reviewed
Circulate to the Panel the Work in Progress listing at 30 June 2014
Review Trade and Other Receivables as per note 35(e) especially those past due by over four years
Furthermore, it was requested a memo be provided to the Audit Panel next meeting detailing LIVING CITY borrowings (Action 31/2014) It was requested the management indicators be recalculated excluding LIVING CITY information for the information of Alderman, the panel and possible inclusion in the annual report (Action 32/2014) The General Manager indicated an abridged version of the financial statements will be included in the Annual Report. 6.
Final Annual Plan and Estimates The Panel noted the final Annual Plan and Estimates as presented by the General Manager
7.
Compliance Register The Panel received and noted the Compliance Register for May, June & July 2014. It was resolved by the Panel to change the Declaration of Interest items for both Alderman and Employees to the Monthly section of the register (Action 33/2014)
8.
9.
Internal Control and Risk Management
The Panel were provided a copy of the report to the Governance and Finance Committee relating to Insurance Claims and Premiums. It was requested that future reports of the nature include further historical information and details relating to mitigating strategies implemented to prevent future reoccurrence of claims (Action 34/2014)
Fraud, thefts, probity and breaches of the law - The General Manager’s declaration was noted.
Terms of Reference of Panel Members The terms of Chairman, Rob Atkinson and Alf Mott expire in August 2014, whilst Ken Clarke’s term expires on 15 July 2016. The Audit Panel Charter requires that the “three independent positions on the Panel are to be appointed within twelve months of a Council election for a maximum term of four years”. The Panel recommend to Council that the terms of members Rob Atkinson and Alf Mott be extended until 31 December 2014, allowing sufficient time for Council elections to be held, the next scheduled meeting of the Panel on 24 November and an expression of interest process for Panel membership to be completed. It was agreed this expression of interest process should be undertaken in November (Action 35/2014) ITEM 10.7
PAGE 281 Unconfirmed minutes of meeting - Audit Panel - 11 August 2014
ATTACHMENT [1]
10.
Audit Panel Assessment Process At the expiration of the assessment period, all external panel members had completed and returned their assessment forms, however only four Aldermen have provided replies. It was agreed to allow Alderman a further extension of time (Action 36/2014). The Chairman will collate and assess the replies and provide a summary at the next meeting (Action 37/2014)
11.
Local Government Audit Panel – A Practice Guideline The Panel noted the Tasmanian Government’s Local Government Audit Panels – A Practice Guide. It was agreed that the Panel Charter and annual program will need to be aligned with this model over the next year (Action 38/2014)
12.
General Business The General Manager informed the Audit Panel that the AGM has been tentatively scheduled for 13 October 2014 at the East Devonport Recreation Centre LIVING CITY – the panel requested and it was agreed that reports on LIVING CITY actual vs budget would be provided at future meetings (Action 39/2014)
13.
Next meeting 24 November 2014 Meeting closed 3.45pm
ITEM 10.7
PAGE 282 Report to Council meeting on 25 August 2014
11.0
CUSTOMERS AND COMMUNITY REPORTS
11.1
STATE EMERGENCY VOLUNTEER TRUCK
SERVICES
-
PROPOSED
ADDITIONAL File: 28803 D338126
RELEVANT PORTFOLIO Customers and Community RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.4.1
Support the community in emergency management response and recovery
SUMMARY To consider making a financial contribution for the Mersey Volunteer State Emergency Service (SES) Unit to upgrade their existing response trailer to a truck sourced from the Victorian SES.
BACKGROUND The local Mersey SES Unit Manager and SES Regional Controller have been considering opportunities to upgrade the Mersey Unit’s vehicle fleet; currently comprised of one response truck, one large trailer and two support vehicles. The current trailer is fitted out to serve as a storm damage response unit however it has inherent WHS issues in relation to lifting heavy equipment in and out of the trailer. Unit members have been working on a design to improve ergonomics however preliminary estimates suggest this would be in the order of $10,000. It is now proposed to replace the existing trailer with a rescue truck. The Victorian SES has been providing Tasmania with the first option to purchase their decommissioned fleet as they progress their vehicle upgrade/replacement programme. All vehicles purchased from the Victorian SES are reported to have been in good condition and the specific rescue truck potentially identified for the Mersey SES Unit is considered the best of the five obtained to date. Central Coast Council purchased a similar additional truck for the SES last year to improve their response capability. This vehicle is also the same as currently under consideration for the Kentish Council upgrade.
STATUTORY REQUIREMENTS The provision of resources is a requirement of local government under the Emergency Management Act 2006.
DISCUSSION As described the SES has purchased a number of these vehicles to assist in upgrading the Statewide fleet as a cost effective option. SES considers that the fibreglass modules alone are worth the purchase price, as an equivalent fabrication would cost $60,000 to $80,000. The proposal to retain the supplied cab-chassis represents a saving of about $60,000 compared to the refurbishment of an existing fibreglass module and fitting to a new cabchassis truck. ITEM 11.1
PAGE 283 Report to Council meeting on 25 August 2014
The timeliness and opportunity has meant that budgetary considerations have not been able to be discussed in advance of a vehicle being immediately available to improve response capability of the Mersey Unit. Flood and storm response across the Mersey district has been quite frequent in recent times, and generally requires the activation of numerous crews. An additional vehicle, fully equipped for emergency response, would significantly enhance existing operations and is considered an extremely good value and beneficial option. This proposal has been discussed verbally and via email with the Latrobe Council, the SES Unit Manager and the SES Regional Manager. The provision of resources is a requirement of local government under the Emergency Management Act 2006. The level of current primary vehicle resourcing offered by Devonport and Latrobe Councils to the Mersey SES unit is one truck, one response trailer and two support vehicles. The trailer is proposed to be replaced with the identified Ford Trader rescue truck. The Latrobe Council has approved their contribution at their Council meeting held on the 11 August 2014.
COMMUNITY ENGAGEMENT No community consultation has been undertaken.
FINANCIAL IMPLICATIONS The stated purchase price of $13,500 is considered to represent extremely good value. The growing municipalities and the volunteer SES’s involvement is critical. Under the Emergency Management Act Council is obliged to support the local volunteer unit. The purchase price is reduced by an estimated $4,000 for the sale of the existing trailer. Early indications are that the SES may have also secured approximately $6,750 of sponsorship towards the purchase. If sponsorship is secured the shortfall is approximately $2,750 (i.e. $13,500 - $4,000 - $6,750) with 50% of this potentially funded by the Devonport City Council and 50% by the Latrobe Council. Should sponsorship not be secured the maximum each Council would contribute is $4,750. Council were not aware of this upgrade during budget deliberations and have not budgeted for the upgrade. However, there is $12,000 unallocated in the Financial Assistance 2014/5 budget that could be utilised for the purchase. Other than the additional capital cost to upgrade from the existing trailer there will be ongoing increased service, insurance, maintenance and registration costs. Based on the existing trucks these are likely to be less than $3,000 per annum and would most likely be funded within the current funding arrangements with the SES being shared on a 50/50 basis with the Latrobe Council.
RISK IMPLICATIONS While trailers are used for emergency response to transport equipment, they are plagued with WHS issues of manual handling and road safety, particularly with the size and weight of loads that are in place. Towing vehicles are generally near their maximum limits for capacity of the response trailers. When coupled with the application, the potential risk for an accident is increased. As a side note, the Tasmania Fire Service has removed all trailers from their emergency response fleet as a mitigation treatment.
ITEM 11.1
PAGE 284 Report to Council meeting on 25 August 2014
Assisting to equip the Mersey SES Unit with appropriate equipment is important to ensure the volunteers can be attracted and retained.
CONCLUSION The Devonport City Council complies with the requirements of the Emergency Management Act 2006 through current funding arrangements with the Latrobe Council and the State Emergency Services. The request from the Mersey SES Unit as stated is an opportunity to upgrade their vehicles and more importantly reduce the risk of injury due to the improper use of an existing trailer at a very reasonable cost.
ATTACHMENTS 1.
Letter from SES Mersey Unit - Re Request for Funding to Purchase SES Truck
RECOMMENDATION OPTION 1 That Council in response to the State Emergency Service (Mersey Unit) request for funding assistance for the purchase of an additional truck: a)
agrees to contribute a maximum of $4,750 (being 50% of the identified $9,500 shortfall) towards the cost;
b)
funding to be sourced from the unallocated financial assistance budget line item; and
c)
encourages the SES Unit in future to make requests for funding through the annual budget process.
OPTION 2 That Council in response to the State Emergency Service (Mersey Unit) request for funding assistance for the purchase of an additional truck: a)
advises that It does not have a budgetary allocation available as a contribution towards the cost at this time; and
b)
encourages the Unit to in future make requests to allow consideration as part of normal budgetary process.
Author: Position:
Lester Jackson Community Partnerships Manager
Endorsed By: Position:
ITEM 11.1
Evonne Ewins Executive Manager, Services
Community
P PAGE 285 Letter L from SE ES Mersey Unit - Re Reque est for Funding g to Purchase SES Truck
ITEM 11.1
ATTTACHMENT [1 1]
P PAGE 286 Letter L from SE ES Mersey Unit - Re Reque est for Funding g to Purchase SES Truck
ITEM 11.1
ATTTACHMENT [1 1]
PAGE 287 Report to Council meeting on 25 August 2014
11.2
DEVONPORT VISITOR OPERATIONAL HOURS
INFORMATION
CENTRE
-
AMENDED
File: 28793 D338165
RELEVANT PORTFOLIO Customers and Community RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 3.2.1
Support tourism through the provision of infrastructure and facilities
SUMMARY This report seeks endorsement from Council for a reduced span of operational hours at the Devonport Visitor Information Centre.
BACKGROUND The Devonport Visitor Information Centre has been operational since 1994 and is located at 92 Formby Road, directly opposite the river from the Spirit of Tasmania ferry terminal. The Visitor Information Centre (VIC) , which is a yellow i accredited VIC, is open from 7.305.00pm daily, 363 days per year (closed Christmas Day and Good Friday). The Centre’s key offerings include:
Booking service for accommodation, transport, tours, attractions, events; Displays, brochures, map guides, fishing licences, national parks passes;
Computer access, including free Wi-Fi;
Retail component including souvenirs and provedore promoting local niche products (alcoholic beverages, preserves, wood craft, etc.); and
Personable service to visitors regarding their experience.
The Centre is positioned within the Community Services Department of Council and managed by the Marketing, Tourism and Recreation Manager. The VIC employed one full time staff member (Centre Coordinator, 38 hrs/week), six part time employees (111 hrs/week) as well as 23 volunteers (40 hrs/week). The retirement of the VIC Coordinator and a Visitor Information Centre Customer Service Officer in July 2014 has required an amendment to the staff roster, and analysis of the service delivery model. Leave payments see the retiring staff members remaining as paid employees until 6 November 2014 and 4 March 2015 respectively, although not undertaking any duties at the centre during this time. The changing landscape of the visitor services industry and increasing operational costs to manage the Devonport Visitor Information Centre highlight a need to modify the current service levels and method of service delivery. Council has considered matters relevant to the provision of visitor services as follows.
That Council Officers prepare a report about the performance of the Visitor Information Centre, ensuring the report includes information relating to financial performance, service provision, benchmarking and identifies possible efficiencies and areas for improvement (Min 235/13).
ITEM 11.2
PAGE 288 Report to Council meeting on 25 August 2014
That Devonport Council begin the necessary process to establish a “Regional Visitor Information Centre” on Council land between Murray Street and Norton Way, East Devonport. It needs to be undertaken with a collaborative approach between all Cradle Coast Councils and the Cradle Coast Authority (Min 236/13). In relation to the second resolution, in 2009 Council purchased a parcel of land adjacent to the entry/exit to the Spirit of Tasmania ferry terminal at 2-12 Murray Street, East Devonport. A concept plan was commissioned to attract private equity investors to the site; business modelling was also undertaken, with an estimated capital infrastructure cost of approximately $1.4M. At the time Council submitted applications to various funding bodies with no success. A number of reports and strategies have also been commissioned relating to visitor services across the region. The Tourism Development Strategy 2009-2019 for Devonport outlines an effective business approach to enhance visitor services in Devonport. The primary objectives are to: 1.
Re-position Devonport as the “Heart of the North Coast”. tourism and service hub for the region.
Strengthen position as a
2.
Capitalise upon the cities position as a Tasmanian entry port. Draw people in by providing memorable arrivals and departures and capitalise on a captured market.
3.
Develop a more holistic visitor servicing approach. Employ the full range of visitor servicing tools available to support the role of the VIC and enhance capability to capture visitors in the pre-and on-route trip planning phases of travel (SGL Consulting Group, 2010).
Recently, the Stafford Group was commissioned by the Cradle Coast Authority (CCA) to undertake a Review of Visitor (Tourism) Services across the Cradle Coast region. At its meeting held 16 June 2014 Council resolved (Min 135/14) to: 1.
note the recommendations contained within the Cradle Coast Visitor Services Review;
2.
broadly endorse the direction towards improved access to information and promotion of the region underpinned by a technology based model, noting that such transition may take a number of years; and
3.
continue participating on a regional basis to progress further consideration of the recommendations contained in the Review report.
The primary recommendation from the Visitor Services report is for the region to move towards a digital model of service delivery. The fundamental principle of this recommendation is based upon data that indicates the motivational factors driving visitor numbers to Tasmania, and the way consumers book their travel plans has changed. Consumers are less inclined to book accommodation and travel through a Visitor Information Centre, which is reflected and endorsed in the decrease in commission revenue in the last three annual operational budgets of the Centre. Consumers are more inclined to use digital platforms and booking mechanisms like Wotif, Hotels Combined, and alternative websites, and utilise Visitor Services for attraction information, expert advice, and itinerary creation. The push towards the digital model involves operational implementation taking these factors into account.
STATUTORY REQUIREMENTS There are no statutory requirements associated with this report.
ITEM 11.2
PAGE 289 Report to Council meeting on 25 August 2014
DISCUSSION The importance of Visitors to the region and the economic stimulus these visitors provide the economy is clearly outlined in data and research undertaken by peak and regional bodies. The Cradle Coast destination management plan commissioned by the Cradle Coast Tourism Executive in 2013, and finalised in 2014, reinforces the importance of access, by sea and by air, for visitors to the region. The Spirit of Tasmania is a key driver of visitors to the State, and in particular Devonport. There are Council resolutions relating to Visitor Services and the location of the Visitor Information Centre to leverage the captive market from the Spirit of Tasmania. Council officers have recently met with private operators to explore opportunities for a retail and information shop front at Dockside Plaza, East Devonport. The proposal included a shop front presence at dockside plaza, and potential partnership with current and future tenants in the area, for the delivery of visitor information. The lease on promotional advertising billboards at the entry/exit point of the Spirit of Tasmania terminal car park was also discussed. The relocation of the Visitor Information Centre service to the Dockside Plaza in East Devonport as a complete service or as an additional visitor portal has been eliminated as a feasible alternative, primarily due to lack of evidence that the facility would attract visitors and thus create a low return on investment. The information and data on motivational factors influencing consumer drivers and decision making suggests that the disembark times for passengers arriving on the Spirit would not relate to increased visitation to a Visitor Information Centre in East Devonport. Limited data is available on the specific patterns of passengers, however preliminary surveys undertaken by “My Travel� research and anecdotal data from suppliers, indicates that passengers are keen to commence their holiday or travel itinerary and do not stop once they have disembarked. The development and establishment of a Visitor Information Centre, or partnership arrangement with a private operator in East Devonport, as identified through the acquisition of land in 2009 would not appear financially viable at this point in time, with limited data and information to justify capital investment or marketing activity in the precinct. Council purchased land adjacent to the entry/exit to the Spirit of Tasmania ferry terminal at 2-12 Murray Street, East Devonport in 2009 with a goal to develop a purpose built Visitor Information Centre. A concept plan was commissioned to attract private equity investors to the site; business modelling was also undertaken, with an estimated capital infrastructure cost of approximately $1.4M. At the time Council submitted applications to various funding bodies with no success. Council may determine to review the use of this land along with other Council owned land and buildings which is vacant, and consider Visitor Services as part of the Living City Plan. The access points by sea and air are essential in the attraction of visitors to Devonport, and the utilisation of the Devonport Visitor Information Centre. Visitation to the VIC has declined by 36% (approximately 36,000 visitors), over the past 10 years, falling from 98,000 in 2004, to just over 62,000 in 2013. In recent years this has corresponded with declining visitor numbers to the City, as illustrated in Table 1.
ITEM 11.2
PAGE 290 Report to Council meeting on 25 August 2014
Table 1. Visitor Numbers to Devonport VIC and Devonport Year
VIC Visitor Numbers (captured via door counter)
Places Visited on This Trip – Devonport (Tourism Tasmania, 2014)
2010
77,584
288,593
2011
74,474
253,680
2012
64,581
248,017
2013
62,480
249,076
Note: The formula used to determine the number of visitors to the centre is based upon door counter numbers, which are not broken down by hour or time. The door counter number is divided by 2, but does not take into account the Visitor Centre staff, volunteers etc
The decline in visitation to the region, accompanied by the changing motivational triggers or tourists visiting the VIC has resulted in a number of operational performance concerns:
The VIC generated just under $187K in revenue in 2012/13. Commission income is the greatest source of revenue, comprising 34% ($64K) of total revenue generated as the VIC charges 15% commission for all accommodation bookings;
The VIC Revenue for 2013/14 was $118,620 with Commission income comprising $53,107;
Wages and staff costs combined is the largest source of expenditure comprising in 2012/13 54% ($304K) and 2013/14 53% ($319K) of total expenditure;
Net cost service deficit is significant at just under $375K for 2012/13, $476K for 2103/14; and
The projected net cost for the 2014/15 year is $452K.
The operating span of hours is 7.30-5.00pm daily, 363 days per year (closed Christmas Day and Good Friday). The current span of hours has been based upon the accreditation requirements of the Tasmanian Visitor Information Centre Network (TVIN), and the code of practice which in part states that in order to be an accredited yellow i, centres must
Acquire and maintain TICT accreditation;
Employ the equivalent of 1 FTE staff on site; and
Meet the needs of visitors by trading seven (7) days per week providing a service for part of everyday (optional days are Christmas Day, Boxing Day, Good Friday and Anzac Day) for not less than a total of 46 hours per week.
The consumer demand and visitation numbers to the Devonport Visitor Information Centre indicate the current span of hours is not reflective of market interest and attendance. Currently the Centre is staffed:
Monday to Sunday 7.30am to 5.00pm , which equates to 66.5 hours per week
The current staffing budget of hours is 148.5 hours per week
This equates to 2.23 staff per hour ( excluding volunteer hours)
Due to the declining consumer demand and current operational hours consideration may be given to a reduction in the daily span of hours. Preliminary discussions with the centre staff indicate that a change in opening times from 7.30am to 8.30am would not be detrimental to the service delivery of the Centre. This assumption is based upon the low level of consumer activity during the winter season, the declining visitor numbers, changing consumer trends and the current high ratio of staff per hour. It is based upon ITEM 11.2
PAGE 291 Report to Council meeting on 25 August 2014
these same principles that the span of hours on Saturday and Sunday also be amended, and changed from the current 7.30am – 5.00pm span, to 10.00am to 2.00pm. The delivery of customer service and information to consumers outside of these operational hours would be via the utilisation of the interactive touch screen kiosk located at the front door, access to information from digital platforms and through industry providers including accommodation, hotel and transport operators. The change in span of hours may affect the accreditation of the Centre, and eligibility to promote the yellow i. Preliminary discussion with the TVIN management committee, and recent changes to the constitution, do provide an avenue to be exempt to elements of the code of conduct, but would need to be formally discussed with the network. Any change to the span of hours would likely have minimal if any negative effect on the service delivery of the Devonport Visitor Information Centre, or the core functions and responsibilities the Centre currently undertakes and performs. Currently there is limited market research or data to indicate that consumers differentiate between a white or yellow i, or that the type of Visitor Information Centre influences visitation.
COMMUNITY ENGAGEMENT The Cradle Coast Authority has commissioned a regional report into Visitor Services, which has been referenced in this report. Consultation and discussions have also been held with Devonport Visitor Information Centre staff, Cradle Coast Tourism Executive members, industry and Tourism Tasmania.
FINANCIAL IMPLICATIONS The operational cost for the Devonport Visitor Information Centre for the 2014/15 financial year is projected at $452K. 2010/11 Actual
2011/12 Actual
2012/13 Actual
2013/14 Actual
2014/15 Budget
Income
272,066
138,429
186,550
121,054
90,000
Expenditure
546,011
627,224
560,931
595,855
542404
(273,945)
(488,795)
(374,381)
(476,800)
(452,404)
Net Operating Surplus / (Deficit)
A breakdown of the performance of the Devonport Visitor Information Centre highlights significant increase in the net operating loss of the facility since 2011/12, with contributing factors including a change in accountancy practice by council to reflect internal charges and maintenance distribution which had not previously been attributed to the VIC budget. State Grant funding for the Visitor information Centre ceased in 2010/11. A reduction in the span of hours would result in a net cost saving of approximately $50K in the 2014/15 operational budget for the Visitor Centre. This estimation is calculated on wage and employee savings derived from a reduced span of operational hours.
RISK IMPLICATIONS
Contractual/Legal There is minor risk that the Devonport Visitor Information Centre may lose accreditation associated with promoting a yellow i.
Communication/Reputation There is a minor risk that the reduced span of hours at a gateway visitor centre will be perceived negatively by industry. ITEM 11.2
PAGE 292 Report to Council meeting on 25 August 2014
CONCLUSION In the short term it is recommended that Council reduce the span of hours at the Devonport Visitor Information Centre. The reduction in operational hours during the week and on weekends would generate operational efficiencies, and not impede the service delivery to tourists and visitors. It is recommended to reduce the span of hours during the winter and spring period, a traditionally low peak time of year. Consumer and industry feedback will be monitored during the winter and spring period, and assessed leading into the peak summer season.
ATTACHMENTS Nil
RECOMMENDATION That Council: (a)
endorse a reduced span of hours at the Devonport Visitor Information Centre, being Monday to Friday 8.30am - 5.00pm, and Saturday and Sunday 10.00am – 2.00pm;
(b)
if deemed operationally necessary extend weekend hours during the peak tourism season;
(c)
be provided with a report in March 2015 outlining alternative models of operation for the Devonport Visitor Information Centre in time for 2015/16 budget considerations:
(d)
cease any promotional billboard advertising and decline any proposed partnership models associated with Visitor Information services at Dockside Plaza, East Devonport at this time; and
(e)
list as a future Workshop topic the options which may be available for the Council owned land adjacent to the entry/exit to the Spirit of Tasmania ferry terminal at 2-12 Murray Street, East Devonport, acquired in 2009.
Author: Position:
Stuart Jones Marketing, Tourism Manager
&
Recreation
Endorsed By: Position:
ITEM 11.2
Evonne Ewins Executive Manager Services
Community
PAGE 293
CLOSURE There being no further business the Mayor declared the meeting closed at
pm.