Agenda council meeting 27 march 2017 by Devonport City Council

NOTICE OF MEETING Notice is hereby given that an Ordinary Council meeting of the Devonport City Council will be held in the Council Chambers, on Monday 27 March 2017, commencing at 5:30pm. The meeting will be open to the public at 5:30pm. QUALIFIED PERSONS In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports in this agenda contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.

Paul West GENERAL MANAGER 22 March 2017

April 2017 Meeting Infrastructure, Works and Development Committee Community Services Committee

Date Monday, 10 April

Commencement Time 5.30pm

Monday, 10 April

Council Meeting

Monday, 24 April

Following the Infrastructure, Works and Development Committee 5.30pm

AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 27 MARCH 2017 AT THE COUNCIL CHAMBERS AT 5:30PM Item

Page No.

1.0

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

2.0

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

3.0 3.1

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

3.1.1

Council meeting - 27 February 2017 ............................................................................................ 2

3.2

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

3.2.1

Responses to questions raised at prior meetings ....................................................................... 3

3.2.2

Questions on notice from the public ........................................................................................... 5

3.2.3

Question without notice from the public .................................................................................. 14

3.3

QUESTIONS ON NOTICE FROM ALDERMEN ............................................................................................ 14

4.0

PLANNING AUTHORITY MATTERS ................................................................ 15

5.0

REPORTS ................................................................................................ 16

5.1

Financial Assistance - Round Two 2016/2017 (D456567) ........................................................ 16

5.2

Shared Audit Panel - Annual Report and Minutes of Meetings (D460596) ......................... 22

5.3

Tender Report Contract CT0183 Steele Rooke & Macfie Street Intersection Improvements (D463276) ............................................................................................................. 47

5.4

LIVING CITY Quarterly Report - March 2017 (D463723) ........................................................... 50

5.5

TasWater - State Government takeover (D465098) ................................................................ 56

6.0

INFORMATION ......................................................................................... 71

6.1

Workshops and Briefing Sessions held since the last Council meeting (D454188) ............. 71

6.2

Mayor's Monthly Report (D454200) ............................................................................................. 72

6.3

General Manager's Report - March 2017 (D461978) .............................................................. 74

7.0

SECTION 23 COMMITTEES ......................................................................... 84

7.1

Planning Authority Committee Meeting - 6 March 2017 (D463193) ..................................... 84

7.2

Planning Authority Committee Meeting - 20 March 2017 (D465766)................................... 88

7.3

Governance and Finance Committee Meeting - 20 March 2017 (D465773) .................... 92

8.0

CLOSED SESSION - CONFIDENTIAL MATTERS ................................................ 98 Out Of Closed Session ................................................................................ 99

9.0

CLOSURE ................................................................................................ 99

PAGE 1 Council meeting Agenda 27 March 2017

Agenda of an ordinary meeting of the Devonport City Council to be held at the Council Chambers, 17 Fenton Way, Devonport on Monday, 27 March 2017 commencing at 5:30pm. PRESENT Present Chair

Apology

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

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

1.0

APOLOGIES

2.0

DECLARATIONS OF INTEREST

PAGE 2 Council meeting Agenda 27 March 2017

3.0

PROCEDURAL

3.1

CONFIRMATION OF MINUTES

3.1.1 COUNCIL MEETING - 27 FEBRUARY 2017 RECOMMENDATION That the minutes of the Council meeting held on 27 February 2017 as circulated be confirmed.

PAGE 3 Council meeting Agenda 27 March 2017

3.2

PUBLIC QUESTION TIME Members of the public are invited to ask questions in accordance with the following resolution of Council (Min Ref 54/16):

3.2.1

Public participation shall take place at Council meetings in accordance with Regulation 31 of the Local Government (meeting Procedures) Regulations 2015.

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

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

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

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

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

Questions do not have to be lodged prior to the meeting, however they would be preferably provided in writing.

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

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

Responses to questions raised at prior meetings Meeting held 27 February 2017 Reproduced below is the response dated 1 March 2017 to Mr Trevor Smith’s question: “I refer to your questions raised at the 27 February 2017 Council meeting and provide the following responses: Q1

Could you inform me of the Departments that are under the control of the General Manager and the Assistant General Manager of the Devonport City Council?

Under the Local Government Act, 1993, the General Manager has responsibility for all employees of Council however on a day to day basis, has responsibility for the areas of Governance, Human Resources and Communications. The Deputy General Manager has day to day responsibility for the areas of Infrastructure and Works; Development and Health.

In the local Fairfax publication, The Advocate, it was quoted on the 2nd of February 2017 “The vast majority of the contracts awarded to this point for the $750 million stage one aspect of the LIVING CITY build were given to Tasmanian firms”. Why has this project increased in costs, since it was last reported by the General Manager, of the Devonport

PAGE 4 Council meeting Agenda 27 March 2017

Council? Are there more increases in store for the Ratepayers of Devonport? A.

The Advocate report was incorrect when it stated “$750 million in the article you refer to.

Why has it taken over 3 months to replace the planter trees in front of the Advocate offices?

The timing of the planting has been due to weather, as this determines the most appropriate time for planting. The trees will be replaced at the end of March with vandal proofing guards also installed.

With the recent alterations, for Southern Wild Distillery, at the back of the Council premises, why has it been allowed to have the stormwater run-off onto the footpath, when the appropriate drainage point is nearby?

The downpipes were existing and approved when the building was originally constructed. They provide roof drainage only from the small awning above the entry door and discharge to a hardstand and away from the building on both sides. They were not installed or altered as part of the permit process for the Southern Wild Distilery.”

Meeting held 27 February 2017 Reproduced below is the response dated 1 March 2017 to Mr Malcolm Gardam’s question: “I refer to questions raised at the 27 February 2017 Council meeting and provide the following responses: Q1

Who in authority directed and approved the omission of all emphasised sections of my reproduced letter in the current Agenda?

A. The General Manager. Q1A In addition, I also request the letter be included in the next Agenda in its original submitted format? A.

There is no intention of reprinting the letter in the next agenda. In future, your letters will be included on the agenda in the form that you provide them (if appropriate). The agenda is a Council document and therefore its contents and what is included (or not) is at the General Manager’s discretion. To date I have accommodated your requests to ensure that full disclosure of your concerns is provided to Council, however be assured this has been out of courtesy, not a statutory requirement.

Will Aldermen please advise how it has adjusted its Living City “retail led recovery” concept to accommodate ongoing retail changes including major retailer store rationalisations through store closures and strong growth trends to online shopping?

Refer responses to same questions on Council meeting agenda 27 February 2017.

For the benefit of ratepayers, will Aldermen please advise what points of difference makes Devonport’s economic or retail prospects better than Burnie or other competing regions of Australia?

PAGE 5 Council meeting Agenda 27 March 2017

Refer responses to same questions on Council meeting agenda 27 February 2017.

Who drafted and approved Section 5.3 Community Consultation of the current Agenda?

The author of the report was the Deputy General Manager, with the report being endorsed by the General Manager.

Why should residents and business people of Devonport have a warning above their submissions when we know that the vested interests of being involved in LIVING CITY from A to Z and as I have said previously, I’m not criticising them for maximising their commercial opportunities, but why should those who have raised some criticism be highlighted when there are no single warnings for statements made by people who are benefitting from LIVING CITY?

In preparing the report for Council’s consideration, the comments included were in our view relevant and justified commentary.”

RECOMMENDATION That Council note the responses to questions from Mr Trevor Smith and Mr Malcolm Gardam at the February 2017 Council meeting. 3.2.2 Questions on notice from the public MALCOLM GARDAM – 4 BEAUMONT DRIVE, MIANDETTA The following questions on notice were received from Mr Malcolm Gardam on 17 March 2017. RE: LIVING CITY – QUESTIONS ON NOTICE FOR ORDINARY MEETING DATED 27/03/17 ITEM 1 - Reference Agenda for Ordinary Meeting Monday 27/02/17, my letter dated 27/02/17 and Council response dated 01/03/17. The following relates to my earlier Q5. dated 27/02/17 and Council’s response dated 01/03/17 in relation to Page 26 of Section 5.3 Community Consultation – Waterfront Concept Plans and specifically Council’s qualifying statement “Of the substantive responses received, those noting outright objection/rejection were predominately from individuals who have been ongoing in expressing their disapproval of Council’s decision to proceed with the LIVING CITY Master Plan or those with aligned business interests.” My earlier question queried why selected residents and business people of Devonport should be subjected to a warning above their submissions by way of Council forming a subjective opinion, that any criticism was a result of being against Living City or from a vested business interest, when this has not applied equally to supportive statements made by people who are benefitting from LIVING CITY? Council’s response was - “A. In preparing the report for Council’s consideration, the comments included were in our view relevant and justified commentary.” Q1. Council is respectfully requested to provide the reasons supporting its statement “….the comments included were in our view relevant and justified commentary.”?

PAGE 6 Council meeting Agenda 27 March 2017

Q2. Council is respectfully requested to provide the reasons supporting why it has never seen fit to similarly qualify the oft repeated supportive statements from businesses and individuals, now clearly benefiting from Living City proceeding, have not been viewed as relevant or justified commentary? ITEM 2 – Convention Centre Council has placed great emphasis on the 800 seat convention centre (understanding it is now being called a multi-function facility). Emphasis being for the Commonwealth Government grant, providing new revenue to support Council statements that Stage 1 is viable in its own right, attract increased visitations and establish a key element of gaining an adjacent new hotel. Q3. Will Council please name the consultants (“independent experts”) advising on the Conference Centre? Q4. Will Council please name the report and date thereof that advised an 800 seat conference centre was viable for construction in Devonport? ITEM 3 – Stage 2 Q5. Noting strong Council statements that “Stage 2 - incorporates new retail precinct featuring new major retailers, a discount department store, a new supermarket and additional specialty stores,…” and “Stage 2 will be privately funded, with investors already showing interest in this stage of the project.” and “Negotiations are also well advanced with developers and major retailers ready to invest as soon as sites become available.”; is Council sufficiently progressed with prospective investors/ retailers to make firm announcements to the ratepayers within the next six months? ITEM 4 – Stage 3 - Waterfront Precinct Concept Drawings While the recent opportunity for feedback from the ratepayers was appropriate, it is equally important that a further period of consultation be made available when the current concept drawings have been further amended and are nearing the stage of being representative of the final layouts with sufficient details to enable the opportunity for further feedback to be properly assessed. Q6. With the public consultation period now closed on the Waterfront Precinct Concept Drawings and the available Council referenced consultant reports, will Council guarantee a further public consultation period (including written submissions) on the general layout, complete with sufficient details to allow proper assessment, prior to finalising documentation for tender/construction purposes? Please provide responses in writing and ensure inclusion in full in the next Ordinary Meeting Agenda. DISCUSSION In relation to the question received 17 March 2017 it is proposed that Mr Gardam be advised of the following: Q1

Council is respectfully requested to provide the reasons supporting its statement “….the comments included were in our view relevant and justified commentary.”?

The comments were considered relevant by the report author and therefore included as part of the commentary.

PAGE 7 Council meeting Agenda 27 March 2017

Council is respectfully requested to provide the reasons supporting why it has never seen fit to similarly qualify the often repeated supportive statements from businesses and individuals, now clearly benefiting from Living City proceeding, have not been viewed as relevant or justified commentary??

Council disagree with your inference that officer reports are biased. As outlined in the answer to question 1, reports are prepared on the basis that information considered relevant is included in the report commentary.

Will Council please name the consultants (“independent experts”) advising on the Conference Centre?

Yes, at the appropriate time determined by Council.

Will Council please name the report and date thereof that advised an 800 seat conference centre was viable for construction in Devonport?

Council made a decision to proceed with the conference centre over two years ago and since that time have answered numerous questions from yourself and members of the Advance Devonport Interest Group regarding the decision. Council has nothing further to add from the answers previously provided.

Is Council sufficiently progressed with prospective investors/retailers to make firm announcements to the ratepayers within the next six months?

Council will make announcements at the appropriate time which it will determine in due course.

With the public consultation period now closed on the Waterfront Precinct Concept Drawings and the available Council referenced consultant reports, will Council guarantee a further public consultation period (including written submissions) on the general layout, complete with sufficient details to allow proper assessment, prior to finalising documentation for tender/construction purposes

It is unlikely that a further period of consultation will occur on the Waterfront Precinct concept plans, however if considered necessary future consultation may occur on specific elements of the plan in due course.

MR ROBERT VELLACOTT – 11 COCKER PLACE, DEVONPORT The following questions on notice were received from Mr Robert Vellacott on 18 March 2017. Questions on Notice for DCC Council meeting 27th March 2017 HOTEL MOTEL AND APARTMENT CARPARKING REQUIREMENTS Question: - What are the town planning regulations and Councils policy, if any, in regard to the provision of car parking for hotels, motels, apartments, hostels and multiple places of accommodation? Also :Attached (see below) copy of my submission re:DEVONPORT LIVING CITY WATERFRONT PRECINCT CONCEPT PLANS COMMUNITY CONSULTATION (with specific questions now highlighted.)

PAGE 8 Council meeting Agenda 27 March 2017

My submission was reproduced in DCC agenda of the 27 February 2017 however none of my questions were answered directly only generalizations mixed along with others that were submitted. I would therefore appreciate if you would now provide specific answers to my questions and please include in the Agenda for 27th March 2017 Council meeting. (Please see attached below)

DEVONPORT CITY COUNCIL LIVING CITY WATERFRONT PRECINCT CONCEPT PLANS COMMUNITY CONSULTATION (Original sent) 8th February 2017 Page1of4 First Name: Robert Last Name: Vellacott Street Address: 11 Cocker Place Suburb: Devonport 7310 Email: vellacottrobert@yahoo.com.au I have been informed that Councils’ brief to the architects is another” Strictly Commercial in Confidence” document and the business case for developers is also a restricted document not available to ordinary ratepayers only to potential developers. Therefore a proper evaluation cannot be made. Obviously those wishing to make properly considered comments, for want of a better description, have once again been kept in the dark. One can surely be excused for asking: - What is Council ashamed of or what is council hiding? In regard to the commercial in confidence brief from Council to architects one can only assume among other things no cost parameters were given and it was a case of open slather, just be as fanciful as you like, ratepayers can pay for another lot of amended plans if what you produce is too expensive; here’s $210,500 (ex GST) plus (an open cheque book) for out of pocket expenses to start with. Advice given to Council in regard to this is of course also confidential. Ref DCC Agenda 25 July 2016. I respectfully remind Council of my suggestion- ref DCC Agenda 21 March 2016, was instead of wasting over two hundred thousand dollars on more fancy plans and consultants from the big smoke that all this could have been saved by testing the market by offering the site for sale, with a few conditions of course, on a purchase, design and construct basis. Council’s own very capable Town Planning Dept officers I am sure would have been able to provide most satisfactory and more importantly very basic and realistic concept plans as a guide at far less cost that would have been suitable for this. Further to prove my point regarding the necessity to provide a proper brief for the architects. I note the estimates for the Riverside Park landscaping ranged from $10 million to $20 million.

PAGE 9 Council meeting Agenda 27 March 2017

An amazing variation if a proper brief had been given! The questions I now ask Mayor and Alderman:Were the following taken into consideration before agreeing to approve consultant reports, concept plans and a business case for potential developers being drawn up at a total cost so far of $248,320? E.g. Consultant Report and Business Case $36,000 and a Glossy Propaganda booklet $1,820. Architects concept plans = $210, 500 (ex GST) plus out of pocket expenses. Add to that all the other past costs of payments to supernumeraries. RAILWAY LINE PEDESTRIAN CROSSINGS:Has Council sought TasRailâ&#x20AC;&#x2122;s advice re: Q1. the number of crossings permitted? Q2. will the crossings have to be chicanes as now required to comply with most rail safety standards? The concept plans show straight crossings; obviously they would look better. Q3. Will the existing rail line fencing have to be upgraded to comply with modern rail standards? Q4. Why has there been no concept drawn in regard to a possible railway station? The eventual return of the Don River Railway trains I consider should have been a priority as it will have every possibility of having a positive impact of encouraging particularly tourists into the city. Q5. Does Council consider the return of tourism rail not a priority? HOTEL AND WATERFRONT APARTMENTS The overall aesthetics of that part of Best Street is compromised by the building not being set back thus giving a canyon like affect to the streetscape. If you want a good example of siting a building and good landscaping stand at the door of your temporary Council chambers and look across the road to the existing LINC building, yes the one thatâ&#x20AC;&#x2122;s over 30 years old and the one that you want to now demolish (with encouragement from the Deputy Premier and the promise of a million dollars to do so) and replace it with a big box major discount department store that will be in direct competition with existing stores in the city. It is noted how carefully the hotel has been placed to ensure there is no interrupted view from the new council chambers when completed. There has always been a great spiel by council about opening up the view from the CBD to the river yet the only real beneficiaries it seems will be from the hotel and apartments and of course the upper office floors of the council chambers along with a very limited view from the junction of Best St and Rooke Mall in reality nothing much if anything has been achieved regarding views to the river. Another glaring example of the lack of good practice and aesthetics is the placement of the food pavilion so as the only view from the supposedly high class restaurants is the rear view of the conglomeration of the DEC and other buildings.

PAGE 10 Council meeting Agenda 27 March 2017

Notable in the plans of the hotel is the absence of a designated dining room area this wouldnâ&#x20AC;&#x2122;t be no doubt because of the possible conflict of interest re the Food Pavilion. I can just imagine any potential developer taking a gulp when he studies the Horwath report in regard to this aspect. What is the situation regarding:Q1

(I emphasize, adequate) car parking for the hotel and apartments; there only appears to be provision for approx. 36 spaces within the hotel plan, will ratepayers be providing a subsidized area for more?

Q2. the accessibility for large service, delivery trucks and garbage removal vehicles? Q3

Why has council taken upon itself to become a commercial developer in unfair competition to existing hotels and other accommodation providers?

For instance I understand the former service station block on the SE corner of Best and Fenton St next door to and owned by the Gateway Hotel was purchased for possible extensions when the demand arose. In case council is unaware this is very close to the Living City stage one conference centre. Q4. Did council confer with the owners of The Gateway Hotel, who incidentally have been a major ratepayer for many years before embarking on a mission to provide a subsidized site for another operator with publicly provided landscape surrounds and other amenities? Due to council actions the possibility of that prime piece of real estate remaining underutilized with the obvious potential loss of increased rates for many years is I believe a real possibility. In plain English, what council is in fact now doing is using all the rates paid over many years by the major hotels and other accommodation providers to pay for, among other things, consultants and architects to produce fanciful plans, commercial in confidence documents and a restricted business case to facilitate and provide a subsidized site. (Please prove me wrong) for others to engage in direct competition to them > i.e. the existing businesses. Q5. Will Council extend the same courtesy to already established businesses who wish to expand in the future? Q6. Has council taken into consideration the possible adverse effect that Airbnb could have on the accommodation industry in the region? Q7. Will poker machines be permitted in the hotel complex? I note the multimillion pies in the sky elevated walk way over the river foreshore that was depicted in the original super hype videos and glossy propaganda booklets has been replaced with another version. i.e. The elevated walkway from the pier to the hotelâ&#x20AC;&#x2122;s mezzanine restaurant bar. This is again another prime example of wasting ratepayersâ&#x20AC;&#x2122; funds and paying twice for concept plans etc. Q8. Was any consideration given by council as to the overall cost of building this and most importantly the ongoing costs of maintenance?

PAGE 11 Council meeting Agenda 27 March 2017

Q9. Who will pay for the cost of this structure: will it be a shared cost between ratepayers and the eventual hotel developer? Riverside Park:- I agree with No. 4 of FAQâ&#x20AC;&#x2122;S that this could be developed over a number of years. I suggest the cost could be subsidized by a sponsor or may be a politician might use it as another pork barrel election time promise. Q1. Does council still agree as part of the so often spruiked 830 ongoing jobs that will be created that this will provide on the site full time employment for two personnel? Ref: - Hill PDA Report page 29 MARINA Did Council do any basic home work in regard to: Q1. the estimated costs. E.g. Annual maintenance, security, supervision, insurance? Note the job prediction is for the employment of two (2) at the marina. Ref: Hill PDA Report Page 29 Q2. Does Council still believe this number of jobs is still achievable and will be cost effective? Q3. Has Council obtained a preliminary Hydrology report in regard to the practicality of constructing a marina? Q4. What was the cost and is it available to ratepayers? Q5. How is the marina to be funded? Q6. What information was given to TasPorts? Q7. What was TasPortsâ&#x20AC;&#x2122; response? Is the report available to ratepayers? Will the marina have:Q9.

access for service vehicles?

Q10. a sewer dump point for sewage disposal from the vessels using the marina? Q11. storage facilities for fuel? DISCUSSION In relation to the question received 18 March 2017 it is proposed that Mr Vellacott be advised of the following: Hotel Motel and Apartment Carparking Requirements Q1. What are the town planning regulations and Councils policy, if any, in regard to the provision of car parking for hotels, motels, apartments, hostels and multiple places of accommodation? A.

Schedule E9 of the Devonport Interim Planning Scheme defines the statutory requirements in regard to carparking requirements within Devonport. A copy of the planning scheme can be found at www.devonport.tas.gov.au

In regard to your submission regarding the Waterfront Precinct, your questions were considered along with all of the submissions received, you were advised of the outcome of the consultation by letter to yourself on 6

PAGE 12 Council meeting Agenda 27 March 2017

March 2017. The commentary provided as part of the report to Council at its meeting on 27 February 2017, provides comment relating to the questions you raised and was considered a sufficient response. However as requested your questions have been listed below with answers provided in line with the report commentary. Railway Line Pedestrian Crossings Q1. Has Council sought TasRailâ&#x20AC;&#x2122;s advice re: the number of crossings permitted? A. Yes Council has consulted with TasRail in the preparation of the concept plan. Q2. Will the crossings have to be chicanes as now required to comply with most rail safety standards? A. As noted in response to question 1, Council has discussed the concept plans with TasRail. The final detail of the actual crossings is yet to be determined. Q3. Will the existing rail line fencing have to be upgraded to comply with modern rail standards? A. See answer to question 2 Q4. Why has there been no concept drawn in regard to a possible railway station? A.

A location for a future rail platform is identified on the concept plans, on the southern side of the precinct adjacent to the rail line.

Q5. Does Council consider the return of tourism rail not a priority? A.

See answer to question 4.

Hotel and Waterfront Apartments What is the situation regarding: Q1. (I emphasize, adequate) car parking for the hotel and apartments; there only appears to be provision for approx. 36 spaces within the hotel plan, will ratepayers be providing a subsidized area for more? A.

No, Council does not intend to provide a subsided area for more car parking.

Q2. The accessibility for large service, delivery trucks and garbage removal vehicles? A.

Based on the current concept plan, service vehicles are intended to access the hotel along a laneway on the northern side of the building, however design is conceptual and subject to refinement by any future developer.

Why has council taken upon itself to become a commercial developer in unfair competition to existing hotels and other accommodation providers?

Council does not intend to develop the hotel.

Q4. Did council confer with the owners of The Gateway Hotel, who incidentally have been a major ratepayer for many years before

PAGE 13 Council meeting Agenda 27 March 2017

embarking on a mission to provide a subsidized site for another operator with publicly provided landscape surrounds and other amenities? A.

Yes the owner of the Gateway Hotel are aware of Councilâ&#x20AC;&#x2122;s plans for the Waterfront Precinct.

Q5. Will Council extend the same courtesy to already established businesses who wish to expand in the future? A.

Where there is overall benefit for the Devonport community, Council is always willing to assist where possible any business that is looking to develop or expand.

Q6. Has council taken into consideration the possible adverse effect that Airbnb could have on the accommodation industry in the region? A.

Yes, Council have commissioned a current feasibility study into likely accommodation demand in the region. However, ultimately a hotel developer will need to make their own commercial judgement in regard to the impact of Airbnb.

Q7. Will poker machines be permitted in the hotel complex? A.

This will be a decision for the hotel operator and the Tasmanian Liquor and Gaming Commission.

Q8. Was any consideration given by council as to the overall cost of building this and most importantly the ongoing costs of maintenance? A.

Yes Council are aware that any public infrastructure such as the elevated walkway will incur maintenance costs.

Q9. Who will pay for the cost of this structure: will it be a shared cost between ratepayers and the eventual hotel developer? A.

The development of the public space will be funded by Council, with Council seeking external grant assistance.

Riverside Park Q1. Does council still agree as part of the so often spruiked 830 ongoing jobs that will be created that this will provide on the site full time employment for two personnel? Ref: - Hill PDA Report page 29 A.

The Hill PDA report regarding the regional benefits of LIVING CITY provides an overall estimate of the anticipated impact LIVING CITY will have. There has been no developments or events that lead Council to now consider the study outdated or incorrect, however it should be noted the report is a high level economic assessment and the calculations and assumptions used to establish the conclusions are not intended to be analyzed in isolation.

Marina Q1. Did Council do any basic homework in regard to the estimated costs. E.g. Annual maintenance, security, supervision, insurance? A.

Council has undertaken some basic feasibility work in relation to the marina and would be looking to involve private investment in the development and operation of any facility.

Q2. Does Council still believe this number of jobs is still achievable and will be

PAGE 14 Council meeting Agenda 27 March 2017

cost effective? A.

See answer to question 1 under Riverside Park above.

Q3. Has Council obtained a preliminary Hydrology report in regard to the practicality of constructing a marina? A.

No.

Q4. What was the cost and is it available to ratepayers? A.

See answer to question 3 above.

Q5. How is the marina to be funded? A.

Refer answer to question 1 above.

Q6. What information was given to TasPorts? A.

Council have discussed the concept with TasPorts.

Q7. What was TasPortsâ&#x20AC;&#x2122; response? Is the report available to ratepayers? A.

No significant issues were raised. There is no report.

Will the marina have: Q9. Access for service vehicles? A.

The planning at this stage is conceptual only, issues such as this will be resolved at the next phase of planning.

Q10. A sewer dump point for sewage disposal from the vessels using the marina? A.

Refer answer to question 9 above.

Q11. Storage facilities for fuel? A.

Refer answer to question 9 above.

RECOMMENDATION That Council in relation to the correspondence received from Mr Malcolm Gardam and Mr Bob Vellacott endorse the responses proposed and authorise their release.

3.2.3

Question without notice from the public

3.3

QUESTIONS ON NOTICE FROM ALDERMEN At the time of compilation of the agenda no questions on notice from Aldermen were received.

PAGE 15 Council meeting Agenda 27 March 2017

4.0

PLANNING AUTHORITY MATTERS There are no items in this agenda to be considered by Council in its capacity as a Planning Authority.

ITEM 4.0

PAGE 16 Report to Council meeting on 27 March 2017

5.0

REPORTS

5.1

FINANCIAL ASSISTANCE - ROUND TWO 2016/2017 File: 32760-64 D456567

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.7.3

Attract and promote equitable distribution and sharing of financial and other resources throughout the community

SUMMARY

To present the outcomes of the Community Financial Assistance Working Group Meeting held 14 March 2017, and endorse the Group’s recommendations in relation to submissions under the 2016/17 Financial Assistance Scheme Round Two.

BACKGROUND Through the provision of a Financial Assistance Scheme, the Council supports projects, programs and activities developed for the benefit of Devonport’s residents and visitors. Five areas of assistance are available, namely: •

Major Grants – provide support for Devonport community development, community events, community facilities, cultural development, cultural heritage, festivals and events, economic development, sport, recreation and healthy living.

•

Minor Grants – provide up to $3,000 to organisations to deliver programs that enhance Devonport community development, community events, community facilities, cultural development, cultural heritage, festivals and events, economic development, sport, recreation and healthy living.

•

Rate Remissions - provide rate remissions for eligible organisations.

•

Donations - provide assistance to groups, organisations or individuals within the Devonport who are not eligible for financial assistance under any other Financial Assistance category.

•

Individual Development Grants – provide support for Devonport individuals, groups or teams who are performing, competing or presenting at national or international competitions, conferences or events.

For Round Two of the 2016/2017 financial year, the Community Financial Assistance Working Group was responsible for assessing the Major Grants, Minor Grants, Donations and Individual Development Grant applications. In June 2016 Council adopted a revised Financial Assistance Scheme (Min 123/16 refers) and confirmed the Financial Assistance Working Group of: •

Alderman Martin (Mayor),

•

Alderman Goodwin,

•

Alderman Emmerton,

•

Shane Crawford – Executive Manager Corporate Community and Business Services,

•

Brooke de Jong – Community and Cultural Development Manager.

ITEM 5.1

PAGE 17 Report to Council meeting on 27 March 2017

STATUTORY REQUIREMENTS

Section 77 of the Local Government Act 1993 outlines Council’s requirements in regard to grants and benefits: (1)

A council may make a grant or provide a pecuniary benefit or a non-pecuniary benefit that is not a legal entitlement to any person, other than a councillor, for any purpose it considers appropriate. (1A) A benefit provided under subsection (1) may include –

(2)

(a)

in-kind assistance; and

(b)

fully or partially reduced fees, rates or charges; and

(c)

remission of rates or charges under Part 9.

The details of any grant made or benefit provided are to be included in the annual report of the council.

The details of awarded grants will be reported in the 2016/2017 Annual Report.

DISCUSSION Applications Assessment The Working Group (Ald Goodwin was an apology) met to assess the applications against the relevant guidelines for the following grants/donations: •

Major Grants;

•

Minor Grants;

•

Rates Remissions;

•

Donations; and

•

Individual Development Grants.

A copy of the information provided to the Working Group to assess grant application was distributed to all Aldermen under separate email cover. This allows Aldermen to view the application information in conjunction with this report. Major Grants Round Two Nine applications were received for the Round Two Major Grants including three submissions for in-kind assistance only. Following review by the Working Group, the following highlighted initiatives are recommended to Council to receive support Organisation

Project Description

Amount Requested

Devonport Surf Life Saving Club

90th Birthday Historical Display

GTR Events

Tour of Tasmania 2017

Devonport Eisteddfod Devonport Eisteddfod 2017 Multiple Sclerosis Ltd

Community Wellness Day

Kentish Arts Commerce & Tourism Inc

Light Up Mount Roland

ITEM 5.1

Amount Recommended 2016/2017 Financial Year – Round Two

$7,000

Nil

$15,000

$12,500

$16,500

$10,000*

$5,996.37

Nil

5,000

$5,000*

PAGE 18 Report to Council meeting on 27 March 2017

Australian Youth Climate Coalition

Tasmanian Student Climate Leadership Program

$3,854.40

Nil

Richmond Fellowship Tasmania Inc

Metered Parking Passes

$3,120.00

Further information requested

Richmond Fellowship Tasmania Inc

Metered Parking Passes

$4,680.00

Further information requested

Laurel House North West

Metered Parking Passes

$3,120.00

Further information requested

Total

$27,500

*Subject to conditions: 1. Devonport Eisteddfod 2017 – to agree to work with Council to develop a sustainable model for future Eisteddfods. 2. Kentish Arts Commerce & Tourism Inc – one off contribution with no expectation of ongoing funding. The further information requests noted in the table related to current level of in-king parking subsidy being provided. Minor Grants Round Two Nine applications were received for the Round Two Minor Grants including one submission for in-kind assistance only. Following review by the Working Group, the following highlighted initiatives are recommended to Council to receive support. Organisation

Project Description

Amount Requested

Cradle Coast Mountain Bike Club

Kelcey Tiers Green Belt Mountain Bike Trail Network

$3,000

$3,000*

Devonport Junior Soccer Association Inc

Devonport Cup

$3,000

Parkrun Inc

AED Defibrillator

$1,990

$1,000*

Whitelion Tasmania

Promotion of Whitelion Mentor Matters

$2,096

Nil

Devonport Eisteddfod

Association of Eisteddfod Societies of Australia Conference

$1,000

Story Dogs

Training Story Dogs for Devonport

$2,667.67

$2,000

The Leukaemia Foundation of Australia

Caring for the Carer

$306

Devonport Tennis Club

Improvements for Spectators

$1,594.46

Spreyton Primary School

Equipment Hire

$400

$306 $1,594.46* $400 Total

ITEM 5.1

Amount Recommended 2016/2017 Financial Year – Round Two

$12,300.46

PAGE 19 Report to Council meeting on 27 March 2017

*Subject to conditions 1. Cradle Coast Mountain Bike Club – further meeting relating to future master planning for the precinct. 2. Parkrun Inc – requirement for the organization to raise the balance funding prior to grant being released. 3. Devonport Tennis Club – subject to the design and installation of an access ramp to AS1428. Donations Seven donation applications have been received for 2016/2017 Financial Year to date. These applications are considered by the Working Group monthly. The Working Group have approved the following initiatives. Organisation

Project Title

Amount Recommended

Devonport Orchid Society Inc.

Spring Orchid Show

Reece High School

School Award

$50

Devonport High School

School Award

$50

East Devonport Primary School

School Award

$50

Nixon Street Primary School

School Award

$50

Don College

School Award

$50

$250

Total

$500

Individual Development Grants Ten applications have currently been received for the 2016/2017 Financial Year. All applications have been assessed by the Financial Assistance Working Group and currently a total of $600 has been approved.

COMMUNITY ENGAGEMENT Details of the Financial Assistance Scheme including the application process are available on Council’s website, with the page last updated in January 2017. Newspaper advertising and Facebook posts advised the opening of the Financial Assistance Scheme Round Two. The Facebook post 9 February reached 3,136 individuals. Details of the Financial Assistance Scheme Round Two and changes in applying for in kind financial assistance only were emailed to: •

Special Interest Group Members;

•

Strategic Special Committee Members;

•

Individuals and Organisations who had registered (via the Council website) to receive information on Council’s Financial Assistance Scheme;

•

2014/2015 and 2015/2016 grant recipients;

•

2016/2017 Round One grant applicants;

•

Organisations that had hired Council equipment (2014–2016); and

•

Organisations who had previously received Parking Passes.

These groups also received reminder emails that the Financial Assistance Scheme Round Two was open until 28 February 2017, and appointments could be made with a Council officer to discuss the application process. ITEM 5.1

PAGE 20 Report to Council meeting on 27 March 2017

Ten applications have currently been received for the 2016/2017 Financial Year. All applications have been assessed by the Financial Assistance Working Group and currently a total of $600 has been approved.

Special Interest Group Members;

•

Strategic Special Committee Members;

•

Individuals and Organisations who had registered (via the Council website) to receive information on Council’s Financial Assistance Scheme;

•

2014/2015 and 2015/2016 grant recipients;

•

2016/2017 Round One grant applicants;

•

Organisations that had hired Council equipment (2014–2016); and

•

Organisations who had previously received Parking Passes.

FINANCIAL IMPLICATIONS Funding is provided through 2016/2017 Community Financial Assistance budget allocations. •

Major Grants budget is $140,000; year to date expenditure is $94,232, a further $26,000 is committed, in addition to $27,500 proposed expenditure in the current round. If approved by Council, this budget line item will be over-expended by $7,732.

•

Minor Grants budget is $109,000, year to date expenditure is $25,437, a further $26,150 is committed, in addition to $11,900.46 proposed expenditure in the current round, leaving a balance of $45,513.

•

Rate Remissions budget is $30,000; with $26,590 expended year to date.

•

Individual Development Grants budget is $6,000; the year to date expenditure is $300, with a further $300 committed.

•

Donations budget allocation is $1,200 year to date expenditure is $9,500. The over expenditure relates to the carry-over of the funding commitment by Council to the Devonport Cricket Club for the upgrading of their cricket nets at the Devonport Oval in the prior financial year.

Overall the total financial assistance budget for all categories is $286,200. Should Council approve all the recommended Round 2 allocations, together with previous allocations, plus commitments (including in-kind amounts) there will remain a balance of $38,000. ITEM 5.1

PAGE 21 Report to Council meeting on 27 March 2017

RISK IMPLICATIONS

There is a risk that organisations that have applied and have been successful may be unable to deliver agreed outcomes. There is a risk that organisations that have applied and have been unsuccessful may be critical of Council’s decision in relation to the allocation of the funds.

CONCLUSION

The 2016/2017 Financial Assistance Working Group recommends that Council approve the grants to the value of $39,400.46 as well as noting the approved donations and individual development grants. Applications for donations are open throughout the 2016/2017 financial year and will be assessed by the Financial Assistance Working Group on the first week of the month. Individual development grants are open throughout the 2016/2017 financial year and are assessed by the Financial Assistance Working Group in November, January, March, May and July.

ATTACHMENTS Nil

RECOMMENDATION That the report regarding Financial Assistance Round Two be received and noted, and Council; approve Major Grants, Minor Grants, through the 2016/2017 Community Financial Assistance budget allocations as follows: Major Grants • GTR Events $12,500 • Devonport Eisteddfod 2017 $10,000 • Kentish Arts Commerce & Tourism Inc $5,000 Minor Grants

• • •

Cradle Coast Mountain Bike Club $3,000 Devonport Junior Soccer Association Inc $3,000 Parkrun $1,000

• •

Devonport Eisteddfod $1,000 Story Dogs $2,000

• • • • •

The Leukaemia Foundation of Australia $306 Devonport Tennis Club $1,594.46 Sing Australia Devonport $600 Rotary Club of Devonport $650 Parkrun Inc $2,200 (Subject to conditions), and

note the funding for the Cradle Coast Mountain Bike Club, Parkrun, Devonport Eisteddfod and Devonport Tennis Club are subject to further discussions.

Author: Position:

Brooke de Jong Community and Development Manager

Cultural

Endorsed By: Position:

ITEM 5.1

Paul West General Manager

PAGE 22 Report to Council meeting on 27 March 2017

5.2

SHARED AUDIT PANEL - ANNUAL REPORT AND MINUTES OF MEETINGS File: 30196 D460596

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 present the 2016 Annual Report of the Shared Audit Panel prepared by the Chairperson of the panel. To report the unconfirmed minutes of the Audit Panel meeting held on 20 March 2017 and present the Audit Panel Charter.

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. In late 2014, Council determined to establish a shared Audit Panel with Central Coast Council. The Audit Panel of each Council comprises two elected members and two independent members. The independent members are appointed jointly by both Councils to be shared between each Council’s Audit Panel. As a direct result of the current Chairperson’s appointed to the role of Commissioner at the Glenorchy City Council she resigned effective from 12 February 2017 as the Ministerial Order states: (2A) A councillor, or employee, of a council is not eligible to be a member of an audit panel of another council. The position was advertised in the Advocate, Saturday 18 February 2017 and did not attract a suitable candidate. The position will be readvertised on Saturday 25 March 2017.

STATUTORY REQUIREMENTS All Councils must have Audit Panels that operate in accordance with Part 8 of Division 4 of the Local Government Act 1993 (the Act) and the Local Government (Audit Panels) Order 2014.

DISCUSSION

The Annual Report for Central Coast Council and Devonport City Council Shared Audit Panel is attached for Aldermen’s information. This report is for the Shared Panel and for the Devonport City Council specific section. A summary of performance of DCC Panel Members by the Chairperson is provided as a confidential attachment. The unconfirmed minutes of the Audit Panel meeting held on 20 March 2017 are attached for information. These minutes are for the Shared session of the meeting and for the Devonport City Council specific section.

ITEM 5.2

PAGE 23 Report to Council meeting on 27 March 2017

Items of note from the Shared meeting include: •

2017 Work Plan (refer attachment to the unconfirmed minutes)

•

Auditor General’s Report to Parliament

•

Tasmanian Audit Office review of credit card usage

•

The Shared Services Review of the 9 coastal councils co-ordinated by Cradle Coast Authority

The Devonport City Council Audit Panel discussed: •

Financial Report for February 2017

•

Presentation of the draft 2016/17 Audit Strategy by the Auditor General

•

LIVING CITY update

At the November 2016 meeting the Panel discussed the current membership and skill sets and moved that: “As part of the annual review of the Audit Panel Charter, each Council give consideration to the need to appoint an independent panel member with financial experience and skills to complement the existing two independent members.”

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

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

RISK IMPLICATIONS •

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 consider whether: •

the annual financial statements of the Council accurately represent the state of affairs of the Council;

•

the Strategic Plan, Annual Plan, long-term financial management plan and long-term strategic asset management plans of the Council are integrated and the processes by which, and assumptions under which, those plans were prepared are sound and justified;

•

the accounting, internal control, anti-fraud, anti-corruption and risk management policies, systems and controls that the Council has in relation to safeguarding its long-term financial position are appropriate;

•

the Council is complying with the provisions of the Act and any other relevant legislation;

•

all strategic and business risks affecting the Council are identified and assessed, and the effectiveness of mitigation controls evaluated; and

•

the Council has taken any action in relation to previous recommendations provided by the Audit Panel to the Council.

ITEM 5.2

PAGE 24 Report to Council meeting on 27 March 2017

CONCLUSION

The information contained in the report and the minutes of the Audit Panel meeting held on 20 March 2017 are presented to the Aldermen as per the recommendation below. A revised Charter is also recommended for endorsement.

ATTACHMENTS 1.

Report - Shared Audit Panel 2016

CONFIDENTIAL - Summary of Performance Audit Panel Members

Unconfirmed Audit Panel Minutes 20 March 2017 - DCC

Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

Audit Panel Charter December 2016

Confidential

RECOMMENDATION That: 1.

receive and note the Annual Report for Central Coast Council and Devonport City Council Shared Audit Panel and the Devonport City Council Audit Panel

receive the unconfirmed minutes of the Audit Panel meeting held on 20 March 2017,;

note the 2017 Work Plan approved by the Panel;

adopt the updated Audit Panel Charter; and

at this time defer the consideration of a further independent Panel Member with financial experience until a new Chairperson is appointed..

Author: Position:

Kym Peebles Executive Manager Performance

Organisational

Endorsed By: Position:

ITEM 5.2

Paul West General Manager

PAGE 25 Report - Shared Audit Panel 2016

ATTACHMENT [1]

REPORT ON SUMMARY OF FEEDBACK FROM MEMBERS OF THE SHARED AUDIT PANEL OF CENTRAL COAST COUNCIL AND DEVONPORT CITY COUNCIL FOR THE CALENDER YEAR 2016. THE REPORT IS INCLUSIVE OF COMMENTS MADE ACROSS BOTH THE SEPARATE MEETINGS OF THE INDIVIDUAL COUNCILS AND THE SHARED PANEL MEETINGS AS COMMENTS WERE OPERATIONAL ACROSS BOTH Feedback received from all Panel Members shows a high level of satisfaction across the process with all scoring between 3 and 5 in their judgement of performance in all areas. There is no doubt the Annual Work Plan has given stability to the process. Issues arising last year included Meeting Timetables, Audit Panel Agendas, Membership of Audit Panel, Meeting Minutes, Shared Panel and External Audits. The only outstanding issues this year have been the Membership of Audit Panels and Meeting Minutes and both these issues are in the hands of the Councils. The issue of Membership remains as the makeup of the Panel is 2 Independents and 4 Councillors separating to 2 Councillors for the individual Council Audit Meetings. Until July the Panel had 3 Independent Members until Ken Clarke completed his contract with Devonport City Council. The Panel acknowledges and thanks Mr Clarke for his input over his time as a panel member. A Discussion was held at the end of the year on the skills of the Members and whilst it is acknowledged that 2 of the Council Representatives have specialist financial skills the Panel Split 3/2 on the need for an Independent with these skills. This issue belongs in the hands of the Councils themselves and the Panel looks forward to a decision on this matter. The other issue was the issue of Panel Minutes and whether improved detail of items discussed at meetings in Minutes ITEM 5.2

PAGE 26 Report - Shared Audit Panel 2016

ATTACHMENT [1]

may improve information to Councillors. Again this issue requires a response from Councils as to whether they are satisfied with the Minutes as they are received at the respective tables at this time. Externally the Panel through the Chair had two external issues to deal with. Initially Treasury instructed that the Panel had to approve the Living City Project and its Financial Borrowings. The Council as elected representatives of the Community are responsible for decisions and the role of the Panel is to audit those decisions. Treasury agreed that a full briefing on the Financing of the Project was acceptable and this was facilitated. The Panel had been briefed consistently on this Project and will be reported to on any potential changes as regards finance as the Project continues. This will fulfill the responsibilities of both Councils and Panel and the Panel is confident that any Panel decisions will be incorporated into the Project. The Chair was involved in a meeting between the General Manager of Central Coast and the Auditor Generals Department over issues surrounding the Auditing of the 2015/16 Annual Accounts. It was agreed that a better communication process and early agreement on the systems to be used for efficiency and effectiveness on both sides will solve any issues into the future The survey responses reflect the satisfaction of the Panel as to the workings of the process. There is no doubt that the Annual Work Plan has put an order into the process and ensures that all areas of Councils Operations are audited over the year in a timely manner. This takes nothing away from the opportunity of Panel Members to request any item be put on the agenda and this area will be encouraged. The Professionalism of Staff responsible to the Audit Panel has ensured that through the Work Plan set up all areas of Council Operations are at sometime during the year before the committee for discussion. ITEM 5.2

PAGE 27 Report - Shared Audit Panel 2016

ATTACHMENT [1]

I thank all Members of the Panel for their input in a year that has seen a consolidation of this Panel. The work put in by Staff to ensure the requirements of the Local Government Act and Ministerial Order are adhered to is appreciated and acknowledged. General Managers should be confident that the professionalism of their staff reflects their success in ensuring the community has the best available in positions so necessary for the proper operations of their Municipal Areas. Sue Smith Audit Panel Chair

ITEM 5.2

PAGE 28 Unconfirmed Audit Panel Minutes 20 March 2017 - DCC

ITEM 5.2

ATTACHMENT [3]

PAGE 29 Unconfirmed Audit Panel Minutes 20 March 2017 - DCC

ITEM 5.2

ATTACHMENT [3]

PAGE 30 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 31 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 32 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 33 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 34 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 35 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 36 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 37 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 38 Unconfirmed Audit Panel Minutes 20 March 2017 - Shared

ITEM 5.2

ATTACHMENT [4]

PAGE 39 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 40 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 41 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 42 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 43 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 44 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 45 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 46 Audit Panel Charter December 2016

ATTACHMENT [5]

ITEM 5.2

PAGE 47 Report to Council meeting on 27 March 2017

5.3

TENDER REPORT CONTRACT CT0183 STEELE ROOKE & MACFIE STREET INTERSECTION IMPROVEMENTS File: 32669 D463276

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.3.1

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

SUMMARY

This report seeks Council’s approval to award Contract CT0183 Steele Rooke & MacFie Street Intersection Improvements to Kentish Construction & Engineering Company Pty Ltd (trading as Treloar Transport).

BACKGROUND

This report considers tenders received for “Steele-Rooke-MacFie Intersection Renewal” listed within the 2016/17 capital expenditure budget. This project involves the renewal of the intersection, which is in poor condition. The layout of the approach roads generally stay the same with MacFie Street not being included in the signalized intersection. However, improvements will be made to the pedestrian facilities, notably the construction of a staged pedestrian crossing on the western side, replacing the existing crossing which was too long for some people to complete in the allocated time. A zebra crossing will be included on MacFie Street and the existing stairs will be replaced by a wider footpath.

Recently, this site has suffered damage in severe rainfall events. An increase in piped stormwater capacity will also be provided.

ITEM 5.3

PAGE 48 Report to Council meeting on 27 March 2017

STATUTORY REQUIREMENTS

Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders.

DISCUSSION In accordance with Council’s Code of Tenders and Contracts, a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. Tenders were received from three companies. tenders and are summarised in table 1.

All tenders received were conforming

TABLE 1 No.

Tender

Status

Kentish Construction and Engineering Company Conforming Pty Ltd Hardings Hotmix Pty Ltd Conforming

Venarchie Contracting Pty Ltd

Tender Price (ex GST) $264,615 $265,559

Conforming

$406,545

As highlighted in the above table Kentish Construction & Engineering Company Pty Ltd tender of $264,615 is the lowest price. The Tender Planning and Evaluation Committee have considered the tenders against each of the selection criteria, these being: Relevant Experience Quality, Safety and Environmental Management Methodology Price

• • • •

The evaluation by the committee indicates that Kentish Construction & Engineering Company Pty Ltd scored highest overall against the selection criteria and therefore offers Council the best value for money. The Tender Planning and Evaluation Committee minutes were prepared and confidential copies can be made available upon request by Aldermen.

COMMUNITY ENGAGEMENT

A public advertisement calling for tenders was placed in the Advocate Newspaper on 11 February 2017 and tenders were also advertised on Council’s website.

FINANCIAL IMPLICATIONS The 2016/17 capital expenditure budget includes an allocation for the “Steele-RookeMacFie Intersection Renewal” project of $350,000. The tender received from Kentish Construction & Engineering Company Pty Ltd is $264,615. The breakdown of the budget for this project is summarised below in table 2. TABLE 2 No.

Tender

Price (ex GST)

Contract CT0183

$264,615

Project management/administration

$15,000

Construction contingency

$26,000 ITEM 5.3

PAGE 49 Report to Council meeting on 27 March 2017

Traffic signal relocations and upgrades (estimated)

Telstra works

$40,000 $4,377 TOTAL

The contingency allowance for this project is 10% of the contract price. unforeseen variations on this project is low.

$349,992 The risk of

RISK IMPLICATIONS To minimise risk, the tender administration processes related to this contract comply with Council’s Code for Tenders and Contracts which was developed in compliance with Section 333 of the Local Government Act 1993.

CONCLUSION Taking into account the selection criteria assessment, the Tender Planning and Evaluation Committee has determined that Kentish Construction & Engineering Company Pty Ltd meets Council’s requirements and is therefore most likely to offer “best value” in relation to Contract CT0183 Steele Rooke & MacFie Street Intersection Improvements.

ATTACHMENTS Nil

RECOMMENDATION That Council, in relation to Contract CT0183 Steele Rooke & MacFie Street Intersection Improvements: a)

award the contract to Kentish Construction & Engineering Company Pty Ltd for the tendered sum of $264,615 (ex GST);

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

note that relocation of existing infrastructure and Telstra works for the project are estimated to cost $44,377 (ex GST);

note that a construction contingency of $26,000 (ex GST) is included in the budget.

Author: Position:

Shannon Eade Project Management Officer

Endorsed By: Position:

ITEM 5.3

Matthew Atkins Deputy General Manager

PAGE 50 Report to Council meeting on 27 March 2017

5.4

LIVING CITY QUARTERLY REPORT - MARCH 2017 File: 32161 D463723

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

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

SUMMARY

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

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

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

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

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

An independent study has identified that implementation of the LIVING CITY Master Plan will result in significant economic, social and community benefits for the North West Region of Tasmania. With the planning phases complete, the focus has now moved to implementation of the plan. Implementation will be multi-faceted, with sub-projects progressively rolling out over the next decade and beyond. Council has entered into a four year agreement with Projects and Infrastructure (P+i) to act as Development Managers and assist with the implementation. Quarterly reports are provided to Council to keep Aldermen and the community updated on progress.

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

DISCUSSION Key activities in recent months have concentrated on construction of Stage 1, building a car park in the Southern CBD, finalising a development agreement with the State Government, and public consultation on concept plans for the Waterfront. Stage 1 construction – Construction work on Stage 1 has made significant progress. Over the past three months, the following has occurred: ITEM 5.4

PAGE 51 Report to Council meeting on 27 March 2017

•

Food pavilion, multi-purpose building, carpark and landscape footings almost complete.

•

Erection of pre-cast concrete for Food Pavilion and Car park commenced.

•

First concrete pour to the level 1 car park slab has occurred.

•

In ground services almost complete.

•

Multi-purpose building escalator pits complete, work continuing on support columns and floor slabs.

There are currently approximately 80 workers on site each day, with the number expected to increase gradually over the following months. Works over the next three months will include more concrete pours and pre-cast concrete panels, steelwork erection as well as finalising in ground services and earthworks. A number of trade packages have been let including: Package Demolition Surveying Waste Removal Bulk Excavation Detailed Excavation Carpark Pavement and Driveway Drilling & Blasting Plumbing Reinforcing Electrical Irrigation Concrete Supply Concrete Pump Formwork / Scaffolding Bondek Precast Concrete Crane Hire Plant Hire Structural Steel Vertical Transportation External Façade Glazing Post Tensioning Fire Services

Who Demolition Tas Gradco Michell Hodgetts Veolia Gradco John Wyllie Hardings Hotmix Engineering Explosives Australia Palmers Plumbing ARC Degree C Classic Landscapes Boral Concrete Regor Concrete Pumping Acrow Lysaght Duggans Precast Barnewall Precast Concrete Pfeiffer Cranes Coates Danmor Engineering HB Engineering Access Solutions Ausrise Aluminium AusPT Fire and Safety Tasmania

Riana, TAS Devonport, TAS Devonport, TAS Devonport, TAS Devonport, TAS Devonport, TAS Ulverstone, TAS Wattle Hill, TAS Devonport, TAS Burnie, TAS Ulverstone, TAS Devonport, TAS Devonport, TAS Burnie, TAS Launceston, TAS Launceston, TAS Cradoc, TAS Legana, TAS Carrick, TAS Burnie, TAS Sisters Creek, TAS Launceston, TAS Blackmans Bay, TAS Sydney, NSW Melbourne, VIC Launceston, TAS

A number of other local contractors have also been present on site working under subcontract arrangements with Fairbrother or for the successful trade package contractors listed above. Southern CBD – Construction of a 96 space car park by Oliver Kelly Constructions between Steele and King Street has been completed. The car park is now operating as a pay and display car park.

ITEM 5.4

PAGE 52 Report to Council meeting on 27 March 2017

Waterfront Concept Plans - On 8 December 2016, Council released draft concept plans for the LIVING CITY Waterfront for public consultation. The LIVING CITY Waterfront will feature a riverside park, hotel and apartment complex and marina in the area bounded by Rooke Street, Best Street, Mussel Rock and the Mersey River. A report on the community feedback was provided to Council at its February meeting at which time Council resolved to (Min. 19/17 refers): 1.

note the feedback provided during the consultation period for consideration and inclusion where appropriate in later detailed design phases;

undertake further traffic modelling to identify options to maximise priority for pedestrians and public open space usage whilst maintaining adequate traffic flow in and around the CBD;

commence expression of interest processes to identify suitable private investment opportunities for the hotel and marina aspects of the plan;

progress with further detailed design of selected public open space elements of the Waterfront Precinct in preparation for future grant applications and permit approvals; and

adopt the Waterfront Precinct concept plan generally as exhibited, noting further refinement will occur as an outcome of the above recommended actions.

A brief is currently being prepared to source a suitable consultant to undertake traffic modelling. An expression of interest package is currently being prepared for the hotel site, with public advertising for interested parties likely to commence in coming weeks. To assist in negotiations with any potential hotel developer, Horwath HTL were engaged to provided further advice in addition to the hotel demand study previously undertaken. The additional advice outlines likely trading projections and financial modelling. To strengthen Councilâ&#x20AC;&#x2122;s negotiating position, it is recommended that this additional report from Horwath remains confidential. A copy can be made available for Aldermen if required. State Government Agreement â&#x20AC;&#x201C; The Development Agreement between Council and the State Government has been finalised and was signed on 8 December. This agreement provides for the State Government to acquire through a strata agreement the LINC and Service Tasmania sections of the new Civic Building. Council has received $11M from the State Government for the strata. A further $2M was provided by the State Government towards the fit-out costs of the building. The original funding model was based on Council only undertaking the more permanent elements of the fit out at a value of $0.5M. Council will now complete the fit out in return for the additional $1.5M in funding. The $13M payment was received by Council on 23 December 2016. Providore Place Food Pavilion â&#x20AC;&#x201C; Southern Wild Distillery has begun trading from its temporary home at 17 Fenton Way. Gin is currently being distilled on site and sold both through the shopfront and by wholesale. Ben Milbourne has continued as ambassador of the Food Pavilion with his time predominately being spent providing introductions to food producers, marketing the site through various television and print media opportunities, and advocacy to the State Government.

ITEM 5.4

PAGE 53 Report to Council meeting on 27 March 2017

COMMUNITY ENGAGEMENT

Community consultation has been a major component of LIVING CITY throughout the project. Regular updates have also been provided to the public through media releases, eNews and website updates. Significant consultation took place over a two month period on the concept design for the LIVING CITY Waterfront. The consultation included: •

Displays at Council’s Customer Service Centre;

•

The use of Council’s Speak Up Devonport web page;

•

Listening Posts in the Rooke Street Mall;

•

LIVING CITY and Speak Up Devonport members being emailed project information with a link to the Speak Up Devonport web page for further details;

•

Media releases and media briefings; and

•

Promotion via the Council website and all social media platforms.

The Speak Up Devonport website attracted a reasonably high level of interest recording 691 pageviews during the consultation period. Facebook had a total reach of 26,245 people with 5,330 engaged through post clicks. Twenty-one written submissions, thirteen comments on speak up Devonport, forty-seven facebook comments, and two verbal comments were received. The feedback received was considered by Council at its February meeting.

FINANCIAL IMPLICATIONS Operational budget Council’s 2016/17 Operational Budget has an allowance for income and expenditure associated with LIVING CITY. This includes the rent, and outgoings of commercial properties purchased to facilitate the implementation of LIVING CITY. It also includes staff resources, consultants, advertising and general materials along with finance related items such as depreciation, interest charges, internal charges and land tax. The table below shows the LIVING CITY operational budget detail indicating current year to date actual income and expenditure in comparison to the budget allocation.

ITEM 5.4

PAGE 54 Report to Council meeting on 27 March 2017

Devonport City Council - LIVING CITY Financial Report YTD to February 2017

YTD Budget

Actual

YTD Variance $ %

Full Budget 2017

INCOME Rates & Service Charges Fees & Charges Grants Contributions Investment Revenue Other Income

417,113

396,699

(20,414)

-4.9%

623,500

417,113

396,699

(20,414)

-4.9%

623,500

Employee Benefits

218,148

233,156

(15,008)

-6.9%

Materials & Services

276,167

145,813

130,354

47.2%

TOTAL INCOME EXPENSES

331,303 503,169 85,900 710,930 194,316

Depreciation

57,267

134,742

(77,475)

-135.3%

Finance Costs

346,350

1,198,572

(852,222)

-246.1%

Levies & Taxes Other Expenses

194,316 -

202,993 -

(8,677) -

-4.5% 0.0%

38,414

52,678

(14,264)

-37.1%

1,130,662

1,967,954

(837,292)

-74.1%

1,883,239

(713,549)

(1,571,255)

(857,706)

120.2%

(1,259,739)

Internal Charges

TOTAL EXPENSES NET OPERATING SURPLUS / (DEFICIT)

57,621

The variance in actual versus budgeted expenditure primarily relates to an interest rate market adjustment paid to the Tasmanian Public Finance Corporation (Tascorp) on the early payout of existing LIVING CITY property loans. LIVING CITY Capital Expenditure At its meeting in March 2016 Council adopted a funding model for LIVING CITY Stage 1 following a period of public consultation on the financial implications of the project. Since this time the project has achieved financial close with the signing of a construction contract, the securing of project finance and the execution of funding agreements with both the Federal and State Governments. The model has been updated to reflect these commitments. The total cost of the Stage 1 development has reduced from $70.5M to $69.6M. The $0.9M improvement in the nett position is a result of numerous changes and refinements as actual figures have become known. Savings have included the final construction sum, finance costs and contingency allocations. Under the development agreement with the State Government Council now has responsibility for the delivery of the fit out for the LINC and Service Tasmania spaces and the model has been updated to include additional revenue and expenses for this work. The total Stage 1 development budget inclusive of the additional fit out is $71.1M. The breakup of funding is made up as follows: Federal Government State Government (inc fit out)

$10M $13M

Council

$11M

As per successful NSRF application Increase of $1M on previous funding model based on strata title ownership. Also included is an additional $1.5M for fit out completion. No change to previous funding model

ITEM 5.4

PAGE 55 Report to Council meeting on 27 March 2017

Loan borrowings

$37.1M

Reduction of $1.9M due to additional State equity and project savings.

$71.1M The Stage 1 budget is inclusive of all cost associated with the Stage 1 project including those incurred in previous financial years. Reporting during the duration of the project will be based on actual expenditure against the budgeted figure. As of 28 February 2017, Council had accrued costs of $14.4M of the $71.1M budget.

RISK IMPLICATIONS Council has prepared a risk register specifically for LIVING CITY. The risk register includes construction related incidences which need managing now that physical works have begun.

CONCLUSION LIVING CITY will create a transformed City that will revive the region. With the Master Plan now formally adopted by Council, the focus has moved from planning to implementation. Progress on Stage 1 has been significant over the past three months, with construction now well underway. The highest priorities in coming months are continuing the construction program for Stage 1 and progressing the Waterfront Precinct concept plan including initiating an Expressions of Interest process for the hotel development..

ATTACHMENTS Nil

RECOMMENDATION That the quarterly LIVING CITY progress report be received and Council note: 1.

the following changes to the previously adopted Stage 1 funding model: a)

a reduction of $900,000 in project costs;

an increase of $1,000,000 in funding from the State Government;

the inclusion of additional revenue and expenditure for fit out of LINC and Service Tasmania; and

a reduction in the likely loan borrowings of $1,900,000; and

that additional advice has been obtained from Horwath HTL regarding likely trading projections and financial modelling of a waterfront hotel and determine that this is a confidential document to be made available only to pre-qualified potential hotel operators.w

Author: Position: Development

Rebecca McKenna Project Officer

Economic

Endorsed By: Position:

ITEM 5.4

Matthew Atkins Deputy General Manager

PAGE 56 Report to Council meeting on 27 March 2017

5.5

TASWATER - STATE GOVERNMENT TAKEOVER File: 28434 D465098

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 to update Council on the State Government’s recent decision that it will legislate to take control of TasWater from 1 July 2018, making it a Government Business Enterprise (GBE).

BACKGROUND In September 2016 Council resolved as follows (Min. No. GFC34/16 refers): “That it be recommended to Council that the report of the General Manager relating to TasWater Dividends be received and it be noted that: (a)

in all likelihood Council will have reduced dividend payment from TasWater of approximately $546,000 per annum from 1 July 2018 for a period of seven years, noting that this is on top of the previous freeze placed on dividends since 1 July 2015.

(b)

Council in the lead up to developing the 2018/19 budget review options to address this shortfall through either increased revenue and/or reduced expenditure/ programs.”

In February 2017, the Treasurer Peter Gutwein announced publicly that the State Government had concerns regarding the operations of TasWater, including the high number of interruptions to water supply, sewer main breaks, chokes and overflows. The Treasurer was critical of local government’s role and their failure to invest dividends into improving water and sewerage infrastructure. In March, 2017, Minister Gutwein announced “The State Government has decided that the best way to resolve Tasmania’s inadequate water and sewerage infrastructure is to assume ownership and control over TasWater. This will facilitate a faster solution to the problem and resolve the long-term underinvestment that has led to the current unsatisfactory situation”.

STATUTORY REQUIREMENTS TasWater is an entity established by the State Government under the Water and Sewerage Corporation Act 2012. It is currently 100 per cent owned by local government.

DISCUSSION

The State Government has issued media statements as well as distributing information sheets providing background and supporting information for their decision (see attached “Taking Control of TasWater”). The Local Government Association of Tasmania (LGAT) continues to provide updates and information to its member councils’ and has advised that the matter will be discussed at the upcoming General Meeting in Launceston on 7 April 2017. It is expected that Minister Gutwein will be in attendance at this meeting.

ITEM 5.5

PAGE 57 Report to Council meeting on 27 March 2017

Hobart City Council voted at its meeting on 14 March to reject the Government’s plan and to seek a meeting with Minister Gutwein and representatives of TasWater to discuss the issue further. It also voted to recommend to the Upper House that the legislation to turn TasWater into a GBE be referred to a Select Committee. At the present time there is a vacuum of information relating to the detail around the Government’s proposal and how assuming ownership will increase the ability of TasWater to complete major capital improvement in a quicker timeframe than that which is presently outlined in their 10-year asset improvement plan. In outlining its proposal to take over TasWater, the State Government has highlighted a number of benefits including: •

Councils will receive not less than the returns that they have been promised by TasWater up until 2024-25 after which, Councils will receive one half of the value of total returns from TasWater indefinitely.

•

The legislation for the takeover of TasWater will contain explicit provisions to prevent a future privatisation of TasWater.

•

No employees will lose their job as a result of the change in ownership. TasWater employees will be transferred to the new TasWater government business and their employment terms and conditions will be retained.

• Concessions to low income Tasmanians and pensioners will remain unaltered. In correspondence forwarded to the Minister by the President of the Local Government Association on 21 March (copy attached), the President requested that the State Government provide detail to assist owners in understanding how the: 1.

Government plans to address the key risks associated with attempting to complete TasWater’s 10-year capital programs by FY2021 rather than FY2026;

Capping of price increases between 2.75% and 3.5% can service the projected debt levels of the Corporation, while sustaining the ongoing operations and capital program (that is, we would like to see the Government’s 10-year financial modelling setting our annual profit and loss, balance sheet and cashflow projections); and

Financial returns to owners can be sustained and improved beyond 2025.

The major unknown factor from the information provided by the State Government is what the likely value of the returns may be after 2024/25 financial year. The other issue for local government is that the value of the equity in TasWater is currently identified as a local government asset. It is expected that the State Government has no intention of compensating local government for the value of this equity.

COMMUNITY ENGAGEMENT

There has been significant media coverage leading up to and since the State Government’s decision to takeover TasWater. LGAT, State Government and some Councils have issued media releases relating to this matter. The Chairman of TasWater, Mr Miles Hampton has also been active in this area releasing and making a number of statements to the media. Council is in receipt of correspondence from the Property Council of Australia (copy attached) “imploring councisl to look at the big picture and give determining weight to both the public interest, and the interests of ratepayers who are TasWater’s customers”.

ITEM 5.5

PAGE 58 Report to Council meeting on 27 March 2017

FINANCIAL IMPLICATIONS

The financial impact of the overall 10-year freeze has previously been reported to Council and is expected to be approximately $546,000 per annum (based on current $ value). The Government has advised that it will bring forward and complete the remainder of the $1.5 billion capital program over a 5-year period. They state this can be achieved without adversely impacting on the water and sewerage charges or council rates, however the detail of how this additional work is to be funded remains unknown. Councilâ&#x20AC;&#x2122;s current equity in TasWater is valued at $85.6 million.

RISK IMPLICATIONS The primary risk to Council is the impact on its financial activities as a result of the reduced dividend income over an extended period of time. It is also unknown at this stage what the financial impacts of the Governmentâ&#x20AC;&#x2122;s takeover will be to individual councils going forward, in particular post the 2024/25 financial year.

CONCLUSION For Council to determine a position on the issue prior to having an appreciation of the detail of the proposal, particularly the financial aspects relating to future distributions would appear to be premature. It is likely that after the LGAT General Meeting all councils will be asked to form a position on the proposed takeover of TasWater.

ATTACHMENTS 1.

Tasmania's Water and Sewerage - Taking Control March 2017

LGAT letter to Minister - 21 March 2107

Taswater

RECOMMENDATION That the report of the General Manager relating to TasWater be received and noted and that Council not form a definite view on the proposed takeover by the State Government until such time as more information and clarity is provided on the matter.

Author: Position:

Paul West General Manager

ITEM 5.5

PAGE 59 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 60 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 61 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 62 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 63 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 64 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 65 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 66 Tasmania's Water and Sewerage - Taking Control March 2017

ITEM 5.5

ATTACHMENT [1]

PAGE 67 LGAT letter to Minister - 21 March 2107

ATTACHMENT [2]

ITEM 5.5

PAGE 68 LGAT letter to Minister - 21 March 2107

ATTACHMENT [2]

ITEM 5.5

PAGE 69 Taswater

ATTACHMENT [3]

ITEM 5.5

PAGE 70 Taswater

ATTACHMENT [3]

ITEM 5.5

PAGE 71 Report to Council meeting on 27 March 2017

6.0

INFORMATION

6.1

WORKSHOPS AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING

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

Description

Purpose

06/03/2017

LIVING CITY

Update on progress of Stage 1

Cradle Update

Coast

Authority Update on activities

Cradle

Coast

Authority

Devonport Country Club

Update on progress of planning for the Devonport Country Club

Committee Structure

Discussion of future operation of various Committee arrangements

Victoria Parade (Boat Parking/ Considered option for enhanced boat Caravans/RVs) trailer as well as caravan/motor home parking which would result in improved safety for shared path users. Local Government Association Considered possible submissions for LGAT of Tasmania – General AGM. Meeting and Annual General Meeting – 26 July 2017 – Call for Submission

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

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 6.1

Paul West General Manager

PAGE 72 Report to Council meeting on 27 March 2017

6.2

MAYOR'S MONTHLY REPORT File: 22947 D454200

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 February 2017.

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 February 2017: • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

Advocate interviews Learning Communities Committee TAS Fire Service Men’s Shed Devonport Agricultural & Pastoral Society LIVING CITY video Masters Games meeting Maureen Clarke Senator Johnathon Duniam Sister Cities Delegation briefings/meetings Regional Gallery Exhibition Opening Children’s Book Council of Australia (TAS) meeting, Campbell Town Resident meetings Debbie Fischer, Dept. of Education Devonport Men’s Shed - Malcolm Reid DCCI President - Stacey Sheehan ABC Radio interviews Tasmanian Broadcasters interview Mayor’s meeting – Burnie 7AD Radio interviews Don College Evening of Excellence Devonport Warrior’s season launch & opening game LIVING CITY site inspection, Deputy Premier Jeremy Rockliff St. Brendan Shaw Dux Ceremony & Presentations Devonport Soccer Club, 1st round Summer Cup Jaguar Club of Tasmania Rally, Roundhouse Park Deputy Mayor Annette Rockliff Planning Authority Committee Infrastructure, Works & Development Committee ITEM 6.2

PAGE 73 Report to Council meeting on 27 March 2017

• • • • • • • • • • • • • • • • • • • • • • • • • • •

Toast for Kids Charity Gala meeting Rob Bradley, Australian Masters Games Megan Purcell, Advisor Office of Senator Michaelia Cash - Canberra Senator Johnathon Duniam – Canberra Senator Jacqui Lambie – Canberra Federal Minister for Health Greg Hunt, with Senator Lambie - Canberra Shadow Minister for Health, Catherine King, with Justine Keay MP & Senator Jacqui Lambie – Canberra Dr Linc Thurecht & Krister Partel Australian Healthcare & Hospitals Association, with Senator Lambie - Canberra Shadow Minister for Sport Senator Don Farrell - Canberra LGAT breakfast meeting – Launceston LGAT General Meeting – Launceston Presentation of Beach Wheelchair with Lions Club of Mersey Devonport to Devonport Surf Life Saving Club Community Services Committee Devonport School for Seniors – Guest Speaker TasWater internal exercise Nixon Street Primary School Parents & Friends Devonport LINC Mike Gunson SCAT Toast for Kids Charity Gala meeting Devonport Warrior vs Smithton Saints Basketball 50th Anniversary Devonport Band Room Miss Mia McConnon homework assignment – interview Mayor Nixon Street Primary School athletic carnival Mr George Russell Baptcare Orana Rod Hunt & Catherine Viney Launched North Melbourne FC Huddle Demonstration Project on board Spirit of Tasmania Toast for Kids Charity Gala meeting

ATTACHMENTS Nil

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

ITEM 6.2

PAGE 74 Report to Council meeting on 27 March 2017

6.3

GENERAL MANAGER'S REPORT - MARCH 2017 File: 29092 D461978

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, 23 February to 22 March 2017. 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 several 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 several internal staff and management meetings.

1.2.

Attended Workshops, Section 23 Committee and Council Meetings as required.

1.3.

Met with representatives of Belgravia Leisure to discuss the operational contract for Splash Aquatic Centre. A proposal to modify the building to allow 24-hour access to the gym area has been proposed by Belgravia. It is now accepted if a gym is to compete in the market place it needs to broaden its access arrangements to allow clients the freedom to attend at their leisure. The changes will include the provision of a remote access door direct into the gym area (northern end of the building direct from the carpark).

1.4.

Met with representatives of Council’s bankers, Commonwealth Bank of Australia.

1.5.

Attended a meeting of the Council’s Audit Panel. The Audit Panel is shared with the Central Coast Council. A report on the meeting is provided on this agenda.

1.6.

Attended a number of activities associated with the visit by Council’s Sister City, Minamata, Japan.

1.7.

With the Mayor met with the State Grants Commission. Each year the Commission determines the allocations to be provided to local government through the Financial Assistance Grants Program. A regular review of the methodology relating to cost adjustors is undertaken through the release of targeted discussion papers. This year’s review focussed on the following topics: ITEM 6.3

PAGE 75 Report to Council meeting on 27 March 2017

•

Tourism Impacts and the future of the Tourism Cost Adjustor

•

Roads Preservation Model – Urbanisation Allowance and Cost Adjustor Reviews

As part of the Commission’s visit to Devonport a site visit of Stage 1 LIVING CITY was provided. 2.

LIVING CITY 2.1.

Participated in a LIVING CITY Working Group meeting. This is a regular meeting where Council officers and representatives of P+i Group discuss progress and activities associated with the project.

2.2.

Under the terms of the Development Agreement with the State Government there was a requirement for the establishment of a Steering Committee made of representatives from the various Government Departments involved in the new Civic Building and Council. There is a requirement for the Steering Committee to meet at least monthly during the construction phase of Stage 1. The first meeting was held on 2 March 2017. The Steering Committee is chaired by the General Manager of Council. The agenda for the first meeting included:

2.3.

•

Governance Arrangements for the operation of the Steering Committee

•

Project Construction Update

•

Property Ownership Matters including the development of Strata Plan, Body Corporate and Bylaws; and transfer process relating to the current LINC building once it is vacated

•

Updates from current working groups looking at building operations, customer service arrangements and Online Access Centre

A Workshop session for Aldermen to provide an update on LIVING CITY was held on 6 March.

COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.

With the Mayor met with representatives of Baptcare to be updated on their activities in Devonport.

3.2.

Attended the launch of The Huddle Demonstration project on the Spirit of Tasmania. The Huddle was established by the North Melbourne Football Club to empower young people to build on their strengths, increase their ability to participate in society and contribute to more socially inclusive communities. The demonstration project in Devonport will be run by North Melbourne in conjunction with Healthy Tasmania over an 8-week period.

3.3.

Met with representatives of a developer in relation to a proposed project in Devonport.

3.4.

Attended the presentation evening for Diamonds of Devonport at the Bass Strait Maritime Centre. This event coincided with International Women’s Day.

3.5.

Met with the Chief Operating Officer of TasPorts for a general discussion around activities at the Devonport Port and Devonport Airport.

ITEM 6.3

PAGE 76 Report to Council meeting on 27 March 2017

NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.

As a Council appointed representative, together with Ald Rockliff attended the Dulverton Regional Waste Management Authority Owners Representatives meeting at Central Coast Council. The unconfirmed minutes of this meeting have been provided to Council in Closed Session in accordance with the Joint Authority Rules.

4.2.

With the Mayor attended as a representative the Cradle Coast Authority Representatives Meeting. Matters considered at this meeting included:

4.3.

4.4.

•

Quarterly Report which outlined the activities undertaken by the CCA during the period relating to projects, regional development, natural resource management, tourism and governance.

•

Recruitment of Board Chairman – the current Chair has advised that she will not be seeking reappointment and therefore a process has been agreed for recruiting a new Chair.

•

Rules Amendments – a working group established by the Representatives have undertaken a review of the CCA Rules. Items currently being considered for changes under the Rules include: 1.

Composition of the Representatives Group

Board of Directors Performance Evaluation

Appointment of Chief Representative

Shareholder Voting Provisions

Composition of the Board

Notification of Withdrawal

•

North West Coastal Pathway update

•

CCA Strategic Plan and Regional Futures Plan

•

Australian Masters Games Progress Report

Attended a State-wide General Managers’ meeting coordinated by the Local Government Association of Tasmania. The meeting was held in Queenstown and items discussed included: •

Policy updates including amendments to the Local Government Act.

•

Emergency Services and the benefits of local government having common operating platforms for web-based emergency management, particularly in relation to claiming assistance from the Federal Government.

•

Development of strategies and pursuing agendas in the lead up to State Government election due in March 2018.

•

Discussion around the decision by the State Government to take control of TasWater from 1 July 2018.

The Minister for Planning and Local Government, Hon Peter Gutwein wrote to Council in February 2017 regarding two separate matters (see attached copy): 1.

The findings of the Auditor-General’s report on local government authorities released on 15 December 2016; and ITEM 6.3

PAGE 77 Report to Council meeting on 27 March 2017

Transparency

The matters discussed in the Minister’s letter was not specific to Devonport but focussed on local government more generally. The contents of the Minister’s letter were discussed at a recent meeting of the Shared Audit Panel. 5.

STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.

The State Government has announced its intention to assume control of TasWater from 1 July 2018. The takeover of TasWater will require legislation through the Parliament to create it as a Government Business Enterprise (GBE). The matter will be further discussed by representatives of local Government at a LGAT General Meeting on 7 April.

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.

Minister for Planning and Local Government 15 February 2017

Action Report on Council Resolutions - March 2017

CONFIDENTIAL - Action Report on Council Resolutions - March 2017

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

Author: Position:

Paul West General Manager

ITEM 6.3

Confidential

PAGE 78 Minister for Planning and Local Government 15 February 2017

ITEM 6.3

ATTACHMENT [1]

PAGE 79 Minister for Planning and Local Government 15 February 2017

ITEM 6.3

ATTACHMENT [1]

PAGE 80 Action Report on Council Resolutions - March 2017

ATTACHMENT [2]

DEVONPORT CITY COUNCIL ACTION REPORT ON COUNCIL RESOLUTIONS – MARCH 2017 OPEN SESSION MEETING DATE

RESOLUTION NO

February 2017

17/17

18/17 19/17

RESPONSIBLE OFFICER

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Promotional Signage Horsehead Creek Roadside LIVING CITY Story Boards in CBD Community Consultation – Waterfront Concept Plans

Seek to negotiate access to use existing signage boards located on Devonport road to promote Council’s operations and events.

In progress

Meeting arranged with the current lessees of the signage boards to discuss.

Continue promotion through existing communication methods. 1. Note feedback for consideration and inclusion where appropriate in later detailed design phases; 2. Undertake further traffic modelling to identify options to maximise priority for pedestrians and public open space usage, whilst maintaining adequate traffic flow. 3. Commence EOI process to identify suitable private investment opportunities for hotel and marina aspects of plan. 4. Progress further detailed design of public open space elements of Waterfront Precinct. 5. Adopt Waterfront Precinct concept plan as exhibited, with further refinements to occur as outcomes of recommended actions. Sell commercial fixed umbrellas to Murphy Investments Pty Ltd agreeing to two being relocated to sub-licenced area adjacent to the Harbourmasters Café with provisional conditions. Determined not to award contract at this time and reconsider the provision of project funding once waterfront plans have been finalised.

Completed

20/17

Harbourmaster’s Café – Erection of Commercial Umbrellas

21/17

Tender Report Contract CT0169 Formby & Best Street Intersection Improvements

ITEM 6.3

DGM

Complete

Actions being implemented.

In progress

Crown Lands Services sought 1 March 2017. response.

Completed

Noted.

approval Awaiting

DGM

PAGE 81 Action Report on Council Resolutions - March 2017

MEETING DATE February 2017

RESOLUTION NO 26/17

ATTACHMENT [2]

RESPONSIBLE OFFICER DGM

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Infrastructure Works and Development Committee Meeting – 13 February 2017

Tender Report – Contract CP0132 Pioneer Park Road Safety Bike Park Awarded contract to Kentish Construction and Engineering Company for tendered sum of $101,654 (ex GST). Signage Strategy 2017-2022 Signage Strategy 2017-2022 be adopted with immediate effect. Project CB0079 – Waste Transfer Station Capital expenditure budget for CB0079 Waste Transfer Station – Push Pit Roof be utilised for construction of fence on eastern side of Transfer Station pit and capital expenditure budget be adjusted to $30,000. Don River Rail Trail – Public Consultation Note community comments and determine to proceed with the development from Don to Tugrah, referring future extension of the Rail Trail for consideration in the Forward Works Program. Bike Riding Strategy 20415-2020 – Year 1 Status Update Note the status of actions listed.

Completed

Contract awarded

Completed

New strategy available Council’s website.

Completed

Project progressing for revised scope.

Completed

Lawyer provided with instructions to commence land acquisition/ transfer.

ITEM 6.3

Completed

PAGE 82 Action Report on Council Resolutions - March 2017

ATTACHMENT [2]

Previous Council Resolutions - still being actioned MEETING DATE

RESOLUTION NO

December 2016

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

227/16

Tender Report contract – CT0177 Sawdust Bridge Replacement

Completed

Contract awarded.

238/16

Community Services Committee Meeting – 12 December 2016

Subject to receiving Crown Land approval, award contract to AJR Construct Pty Ltd for sum of $252,548), noting that design, project management and administration for project are estimated to cost $5,000 and a construction contingency of $25,250 is included in the budget – all ex GST. Minutes of the Community Development Strategic Special Committee Meeting 1. Agree to review Pioneer park Master Plan in 2017/18; and Minutes of the Arts Culture and Tourism Strategic Special Committee Meeting - 24 November 2016 1. Reservation of an area between the demolished toilet block and Bowls Club in Pioneer Park for a future memorial garden be considered as part of Pioneer Park Master Plan review, to acknowledge pioneers and early settlers including William Holyman; 2. Feasibility study be conducted on development of mobile phone application advertising local events and visitor information. Beach Volleyball Courts 1. Encourage Devonport Volleyball Association to relocate to Coles Beach or Bluff Precinct. 2. Remove existing courts at EDR&FC and replace with grass; fencing and sand to be recycled and used at other Council facilities; and 3. Allocate funds in 2017/28 budget to assist relocation, establishment, marketing and promotion of new Beach Volleyball league.

In progress

The Pioneer Park Master Plan review will commence 2017-2018.

In progress

The Pioneer Park Master Plan review will commence 2017-2018.

In progress

Devonport Information Mobile application development is an action of the Digital Strategy, with a medium priority to be completed in 3-5 years only if external funds can be sourced.

In progress

Meeting held with DVA 9/3/17. DVA currently do not wish to involve themselves with relocation but wish for existing site to be demolished. Report will be provided to next Community Services Committee meeting.

ITEM 6.3

RESPONSIBLE OFFICER DGM

EM(CC&B)

PAGE 83 Action Report on Council Resolutions - March 2017

MEETING DATE

RESOLUTION NO

October 2016

September 2016

ATTACHMENT [2]

RESPONSIBLE OFFICER

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

197/16

Community Services Committee Meeting – 17 October 2016

In Progress

Preliminary investigation and actions commenced,

EM(CC&B)

170/16

Funding & Assistance – Home Hill – NOM – Ald Laycock

In progress

Discussions have commenced with National Trust of Australia. Currently waiting on a draft project plan from the National Trust.

EM(CC&B)

181/16

Governance & Finance Committee Meeting – 19 September 2016 Infrastructure Works & Development Committee Meeting - 8 August 2016 Community Services Committee Meeting - 15 August 2016

Minutes of the Sport and Recreation Strategic Special Committee Meeting – September 2016 Authorise an investigation in relation to staging of a Tasmanian Masters Games, which may be hosted in Devonport. Seek to develop stronger relationship with the Australian Councils of National Trusts (ACNT)/National Trusts of Australia to explore opportunities for funding and assistance available to complete actions within the Home Hill strategic plan Pay by Phone Parking Technology - Review Undertake an expression of interest process for pay by phone technology to be maintained in Council car parks.

In progress

Documentation prepared release at appropriate time.

EM(CC&B)

Master Builders Tasmania Park Seat Request Offer of donation and installation of seat and plaque along Victoria Parade marking 125th year celebrations be accepted.

Completed

Seat installed in March 2017.

Minutes of the Community Development Strategic Special Committee Meeting Council endorse the Living + Learning Brand Logo and Associated Brand Book and approve an interpretation panel being designed and installed near the avenue of Cherry Blossoms planted on Formby Road commemorating 20th Anniversary of Sister City relationship with Minamata. Devonport Food Connection Project Status Recommend revised Devonport Food Security Network be established to address food security challenges.

Completed

Plaque design completed. Installed March 2017.

EM(CC&B)

Completed

UTAS applied for Tas Community fund grant for the formation of NW Food coalition and to develop a sustainable scalable model of collaborations.

EM(CC&B)

August 2016

159/16

August 2016

161/16

June 2016

123/16

Community Services Committee Meeting - 20 June 2016

ITEM 6.3

for

DGM

PAGE 84 Report to Council meeting on 27 March 2017

7.0

SECTION 23 COMMITTEES

7.1

PLANNING AUTHORITY COMMITTEE MEETING - 6 MARCH 2017 File: 29133 D463193

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

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

SUMMARY

The purpose of this report is to receive the minutes and note the recommendations provided to Council by the Planning Authority Committee meeting held on Monday, 6 March 2017.

ATTACHMENTS 1.

Minutes - Planning Authority Committee - 6 March 2017

RECOMMENDATION That the minutes of the Planning Authority Committee meeting held on Monday, 6 March 2017 be received and the recommendations contained therein be noted. PAC 03/17

Planning Applications approved/refused under Delegated Authority - 7 February 2017 - 28 February 2017

PAC 04/17

PA2017.0001 - Two Lot Subdivision (One Additional Lot) - 98 North Street Devonport

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 7.1

Paul West General Manager

PAGE 85 Minutes - Planning Authority Committee - 6 March 2017

ATTACHMENT [1]

MINUTES OF A PLANNING AUTHORITY COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 6 MARCH 2017 COMMENCING AT 5:15PM PRESENT:

Ald S L Martin (Mayor) in the Chair Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry

Aldermen in Attendance: Ald A J Jarman Ald L M Laycock Ald A L Rockliff Council Officers: General Manager, P West Deputy General Manager, M Atkins Manager Development and Health Services, B May Cadet Planner, A Mountney Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a minimum period of six months. 1.0

APOLOGIES There were no apologies received.

2.0

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0 DELEGATED APPROVALS 3.1

PLANNING APPLICATIONS APPROVED/REFUSED UNDER DELEGATED AUTHORITY 7 FEBRUARY 2017 - 28 FEBRUARY 2017 (D462171) PAC 03/17 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Matthews

That the list of delegated approvals/refusal be received. Ald Martin Ald Emmerton Ald Goodwin

For ✓ ✓ ✓

Against Ald Matthews Ald Perry

For ✓ ✓

Against

CARRIED UNANIMOUSLY

ITEM 7.1

PAGE 86 Minutes - Planning Authority Committee - 6 March 2017

ATTACHMENT [1]

4.0 DEVELOPMENT REPORTS 4.1

PA2017.0001 - TWO LOT SUBDIVISION (ONE ADDITIONAL LOT) - 98 NORTH STREET DEVONPORT (D462274) PAC 04/17 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Perry

That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 58 of the Land Use Planning and Approvals Act 1993, approve application PA2017.0001 and grant a Permit to use and develop land identified as 98 North Street, Devonport for the following purposes: •

Two lot subdivision (one additional lot)

Subject to the following conditions: 1.

The subdivision is to be undertaken generally in accordance with the submitted plans referenced as Drawing: ZEP98-001 - Revision 3, dated 8 February 2017 by ZACEDEN PROPERTIES. A copy of which is attached and endorsed as a document forming part of this Planning Permit.

The subdivider is to comply with the conditions contained in the Submission to Planning Authority Notice which TasWater has required to be included in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008 – refer to Attachment 3.

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

A vehicular driveway access to the proposed lot 2 shall be generally constructed in accordance with IPWEA Tasmanian Standard Drawing TSD R09v1.

The development is to comply with the Urban Drainage Act 2013.

The existing private stormwater service lines servicing lot 1 are to be relocated to be entirely within lot 1 and/or the proposed service easement in favour of lot 1 through lot 2. Any redundant service lines and connections are to be located and decommissioned. A new connection into the existing stormwater main in Chalmers Lane is to be provided and is to be a minimum of 150mm diameter.

A new separate stormwater service connection for lot 2 is to be constructed in accordance with Tasmanian Standard Drawings. The minimum size of the proposed connection is to be 150mm diameter.

A permit to work within the road reserve must be sought and granted prior to any works being undertaken within the road reserve.

Note: The following is provided for information purposes. Lot 1 is to remain 98 North Street and lot 2 is to be numbered 22 Chalmers Lane. ITEM 7.1

PAGE 87 Minutes - Planning Authority Committee - 6 March 2017

ATTACHMENT [1]

Prior to commencing any plumbing work the developer is contact the Council Permit Authority to determine the category of plumbing approval required. In regard to condition 2 the developer should contact TasWater – Ph 136 992 with any enquiries. In regard to conditions 3-8 the developer should contact Council’s City Infrastructure Department – Ph 6424 0511 with any enquiries. Enquiries regarding the other condition can be directed to Council’s Development & Health Services Department – Ph 6424 0511. Ald Martin Ald Emmerton Ald Goodwin

For ✓ ✓ ✓

Against Ald Matthews Ald Perry

For ✓ ✓

Against

CARRIED UNANIMOUSLY

5.0

CLOSURE

With no further business on the agenda the Chairman declared the meeting closed at 5:16pm. Confirmed

Chairman

ITEM 7.1

PAGE 88 Report to Council meeting on 27 March 2017

7.2

PLANNING AUTHORITY COMMITTEE MEETING - 20 MARCH 2017 File: 29133 D465766

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

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

SUMMARY

The purpose of this report is to receive the minutes and endorse the recommendations provided to Council by the Planning Authority Committee meeting held on Monday, 20 March 2017.

ATTACHMENTS 1.

Minutes - Planning Authority Committee - 20 March 2017

RECOMMENDATION That the minutes of the Planning Authority Committee meeting held on Monday, 20 March 2017 be received and the recommendations contained therein be adopted. PAC 05/17

Planning Applications approved under Delegated Authority - 1 March 2017 13 March 2017

PAC 06/17

PA2017.0011 Section 58 - Change of Use (Food Services - Restaurant) Section 57 - Alterations and Additions to Existing Building - Assessment against Performance Criteria under Clause 22.4.5 - Setback from Zone Boundaries - ...

Author: Position:

April Nelson Executive Assistant - Governance

Endorsed By: Position:

ITEM 7.2

Paul West General Manager

PAGE 89 Minutes - Planning Authority Committee - 20 March 2017

ATTACHMENT [1]

MINUTES OF A PLANNING AUTHORITY COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 20 MARCH 2017 COMMENCING AT 5:15PM PRESENT:

Ald S L Martin (Mayor) in the Chair Ald C D Emmerton Ald J F Matthews Ald L M Perry

Aldermen in Attendance: Ald A J Jarman Ald L M Laycock Ald T M Milne Council Officers: General Manager, Paul West Deputy General Manager, M Atkins Manager Development and Health Services, B May Planning and Environmental Health Coordinator, S Warren Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a minimum period of six months. 1.0

APOLOGIES The following apology was received for the meeting. Ald Goodwin

2.0

Leave of Absence

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0 DELEGATED APPROVALS 3.1

PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY - 1 MARCH 2017 - 13 MARCH 2017 (D464434) PAC 05/17 RESOLUTION MOVED: SECONDED:

Ald Emmerton Ald Perry

That the list of delegated approvals be received. Ald Emmerton Ald Martin

For ✓ ✓

Against Ald Matthews Ald Perry

For ✓ ✓

Against

CARRIED UNANIMOUSLY ITEM 7.2

PAGE 90 Minutes - Planning Authority Committee - 20 March 2017

ATTACHMENT [1]

4.0 DEVELOPMENT REPORTS 4.1

PA2017.0011 SECTION 58 - CHANGE OF USE (FOOD SERVICES - RESTAURANT) SECTION 57 - ALTERATIONS AND ADDITIONS TO EXISTING BUILDING ASSESSMENT AGAINST PERFORMANCE CRITERIA UNDER CLAUSE 22.4.5 SETBACK FROM ZONE BOUNDARIES - 131 STEELE STREET DEVONPORT (D464482) PAC 06/17 RESOLUTION MOVED: SECONDED:

Ald Perry Ald Matthews

That the Planning Authority, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2017.0011 and grant a Permit to use and develop land identified as 131 Steele Street, Devonport for the following purposes: •

Section 58 - Change of Use (Food services - restaurant)

•

Section 57 – Alterations and additions to existing building - assessment against performance criteria under clause 22.4.5 - Setback from zone boundaries

Subject to the following conditions: 1.

The Use and Development is to proceed generally in accordance with the submitted plans referenced as Change of Use - Lara’s Restaurant, dated 22 January 2017 by Everard Architectural Design, copies of which are attached and endorsed as documents forming part of this Planning Permit.

The developer is to comply with the conditions contained in the Submission to Planning Authority Notice which TasWater has required to be included in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008 – refer to Attachment 3.

The developer is to comply with the conditions contained in the ‘InPrinciple Agreement for Roads and Stormwater’ issued by the Devonport City Council on 9 January 2017 - refer to Attachment 4.

The advertising sign is to be wholly located within the boundaries of the site and is only to be illuminated during opening hours of the restaurant.

The developer is to take all reasonable steps during the use of these facilities (including construction works) to prevent environmental nuisance such as air, noise and water pollution. Failure to do so may result in Council taking enforcement proceedings under the Environmental Pollution and Control Act 1994.

Note: The following is provided for information purposes.

THIS IS NOT A BUILDING, PLUMBING OR HEALTH PERMIT.

ITEM 7.2

PAGE 91 Minutes - Planning Authority Committee - 20 March 2017

ATTACHMENT [1]

Prior to commencing any building or plumbing work you are required to: 1.

Contact a Tasmanian registered Building Surveyor to determine the category of building approval required, and

Contact the Council Permit Authority to determine the category of plumbing approval required.

The applicant will need approval from the Council’s Environmental Health Department before any works commence, as part of this the Building Surveyor is to submit a Form 42 and the associated paperwork (including proposed menu type) with the Building Application. In regard to condition 2 the applicant/developer should contact TasWater – Ph 136 992 with any enquiries. In regard to condition 3 the applicant should contact Council’s City Infrastructure Department – Ph 6424 0511 with any enquiries. Enquiries regarding other conditions and notes can be directed to Council’s Development & Health Services Department – Ph 6424 0511.

Ald Emmerton Ald Martin

For ✓ ✓

Against Ald Matthews Ald Perry

For ✓ ✓

Against

CARRIED UNANIMOUSLY

5.0

CLOSED

With no further business on the agenda the Chairman declared the meeting closed at 5.20pm. Confirmed

Chairman

ITEM 7.2

PAGE 92 Report to Council meeting on 27 March 2017

7.3

GOVERNANCE AND FINANCE COMMITTEE MEETING - 20 MARCH 2017 File: 29468 D465773

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

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

SUMMARY

The purpose of this report is to receive the minutes and endorse the recommendations provided to Council by the Governance and Finance Committee meeting held on Monday, 20 March 2017.

ATTACHMENTS 1.

Minutes - Governance and Finance Committee - 20 March 2017

RECOMMENDATION That the minutes of the Governance and Finance Committee meeting held on Monday, 20 March 2017 be received and the recommendations contained therein be adopted. GFC 52/17

Public Land Register - Updates to Register

GFC 53/17

Annual Plan Progress Report - July 2016-February 2017

GFC 54/17

Risk Management Framework

GFC 55/17

Elected Members' Expenditure Report - November 2016 to February 2017

GFC 56/17

Related Parties Disclosures Policy

GFC 57/17

Budget Consultation 2017-2018 Report

GFC 58/17

Local Government Association of Tasmania Government Association - Call for Motions

GFC 59/17

Review of Section 24 Strategic Special Committees and Special Interest Groups

GFC 60/17

Finance Report for February 2017

GFC 61/17

Governance & Finance Report

Author: Position:

April Nelson Executive Assistant - Governance

Endorsed By: Position:

ITEM 7.3

and

Australian

Paul West General Manager

Local

PAGE 93 Minutes - Governance and Finance Committee - 20 March 2017

ATTACHMENT [1]

MINUTES OF A GOVERNANCE AND FINANCE COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 20 MARCH 2017 COMMENCING AT 5:30PM PRESENT:

Ald S L Martin (Chairman) Ald C D Emmerton Ald T M Milne Ald L M Perry Ald A L Rockliff (from 5.31pm)

Aldermen in Attendance: Ald A J Jarman Ald L M Laycock Ald J F Matthews Council Officers: General Manager, P West Executive Manager Organisational Performance, K Peebles Governance Coordinator, K Hampton Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a minimum period of six months. APPOINTMENT OF CHAIRMAN In the absence of the Chairman, Mayor Martin assumed the role of Chairman for tonight’s meeting in accordance with Section 4.7 of the Council Committees Policy. 1.0

APOLOGIES The following apology was received for the meeting. Ald Goodwin

2.0

Leave of Absence

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0

PROCEDURAL 3.1

PUBLIC QUESTION TIME

3.2

QUESTIONS FROM ALDERMEN

Nil

3.3 NOTICES OF MOTION Nil ITEM 7.3

PAGE 94 Minutes - Governance and Finance Committee - 20 March 2017

ATTACHMENT [1]

4.0 GOVERNANCE AND FINANCE REPORTS 4.1

PUBLIC LAND REGISTER - UPDATES TO REGISTER (D452678) GFC 52/17 RESOLUTION MOVED: SECONDED:

Ald Perry Ald Emmerton

That it be recommended to Council that: (a)

the Public Land Register be updated to include land at: • • • • • • • • • • • • • • • • •

(b)

2-4 Gloucester Street, Devonport; 124 North Street, Devonport; Orion Court, Devonport; Nyora Court, Miandetta; 9A Payton Place, Devonport; 5A Jasmine Place, East Devonport; 10A Langslow Drive, Miandetta; Neely Street, East Devonport; Wise Court, Devonport; 2 Gibson Court, Spreyton; 5 Valkyrie Close, Devonport; Westbury Place, Devonport; 43 Devonport Road, Quoiba; McCabe Avenue, Devonport; 16 Woodrising Avenue, Spreyton; Pardoe Esplanade, East Devonport; and “Champion Park”, Pumping Station Road, Forth.

an updated copy of the Register be publicly available on Council’s website and at the Council Offices.

Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY 4.2

ANNUAL PLAN PROGRESS REPORT - JULY 2016-FEBRUARY 2017 (D456130) GFC 53/17 RESOLUTION MOVED: SECONDED:

Ald Perry Ald Emmerton

That it be recommended to Council that the 2016/17 Annual Plan Progress Report for the period ended 28 February 2017 be received and noted. Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY ITEM 7.3

PAGE 95 Minutes - Governance and Finance Committee - 20 March 2017

4.3

ATTACHMENT [1]

RISK MANAGEMENT FRAMEWORK (D462937) GFC 54/17 RESOLUTION MOVED: SECONDED:

Ald Perry Ald Rockliff

That it be recommended to Council that the report of the Risk and Compliance Coordinator be received and Council note the changes to the Risk Management Framework. Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY 4.4

ELECTED MEMBERS' EXPENDITURE REPORT - NOVEMBER 2016 TO FEBRUARY 2017 (D463127) GFC 55/17 RESOLUTION MOVED: SECONDED:

Ald Milne Ald Emmerton

That it be recommended to Council that the report advising of Aldermen expenses be received and noted. Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY 4.5

RELATED PARTIES DISCLOSURES POLICY (D463269) GFC 56/17 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Perry

That it be recommended to Council that the Related Parties Disclosures Policy be adopted, and it be made publicly available on Council’s website and at the Council Offices. Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY

ITEM 7.3

PAGE 96 Minutes - Governance and Finance Committee - 20 March 2017

4.6

ATTACHMENT [1]

BUDGET CONSULTATION 2017-2018 REPORT (D463979) GFC 57/17 RESOLUTION MOVED: SECONDED:

Ald Emmerton Ald Perry

That it be recommended to Council that it receive and note the Budget Consultation 2017-2018 report and refer submissions to budget deliberations. Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY 4.7

LOCAL GOVERNMENT ASSOCIATION OF TASMANIA AND AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - CALL FOR MOTIONS (D464063) GFC 58/17 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Emmerton

That it be recommended to Council that: (a)

it note the details in relation to the 2017 Local Government Association of Tasmania Annual General Meeting and General Meeting and the 2017 Australian Local Government Association’s National General Assembly.

(b)

submit motions to the LGAT General Meeting relating to: •

Abandoned Vehicles

•

School Immunisation Programs

Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY 4.8

REVIEW OF SECTION 24 STRATEGIC SPECIAL COMMITTEES AND SPECIAL INTEREST GROUPS (D461151) GFC 59/17 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Emmerton

That it be recommend to Council that the Review of Committees report be received and noted and that Council: 1.

amalgamate the activities of the Governance and Finance and Community Services Committees and form the Governance, Finance and Community Services Section 23 Committee effective 1 July 2017; ITEM 7.3

PAGE 97 Minutes - Governance and Finance Committee - 20 March 2017

ATTACHMENT [1]

agree to the proposed changed structure for Special Interest Groups, Special Committees and Working Groups as outlined in the report;

membership of Aldermen on all Section 23 Committees and Committees be referred to a future Council Workshop for determination;

develop terms of reference/guidelines for all Committees;

note that new working groups or special interest groups will be convened on an as required basis from time to time.

expressions of interest for community participation in the committees will be sought following the development of the terms of reference.

Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY 4.9

FINANCE REPORT FOR FEBRUARY 2017 (D464259) GFC 60/17 RESOLUTION MOVED: SECONDED:

Ald Emmerton Ald Perry

That it be recommended to Council that the Finance Report for February 2017 be received and noted. Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY 4.10

GOVERNANCE & FINANCE REPORT (D462313) GFC 61/17 RESOLUTION MOVED: SECONDED:

Ald Rockliff Ald Perry

That it be recommended to Council that the Governance and Finance report be received and noted. Ald Emmerton Ald Martin Ald Milne

For ✓ ✓ ✓

Against Ald Perry Ald Rockliff

For ✓ ✓

Against

CARRIED UNANIMOUSLY

5.0

CLOSED

There being no further business on the agenda the Chairman declared the meeting closed at 5.54pm. ITEM 7.3

PAGE 98 Council meeting Agenda 27 March 2017

8.0

CLOSED SESSION

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

Item No

Matter

Local Government (Meeting Procedures) Regulations 2015 Reference

8.1

Application for Leave of Absence

15(2)(h)

8.2

Unconfirmed Minutes - Joint Authorities

15(2)(g)

PAGE 99 Council meeting Agenda 27 March 2017

OUT OF CLOSED SESSION RECOMMENDATION That Council: (a)

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

(b)

resolves to report that it has determined the following:

Item No

Matter

8.1

Application for Leave of Absence

8.2

Unconfirmed Minutes - Joint Authorities

9.0

Outcome

CLOSURE

There being no further business the Mayor declared the meeting closed at â&#x20AC;Śâ&#x20AC;Ś.. pm.