council agenda for 15 october 2012

Contents

NOTICE OF MEETING

Notice is hereby given that a Ordinary Meeting of the Devonport City Council will be held

in the Council Chambers, Fenton Way, Devonport, on Monday 15 October 2012;

commencing at 6.00pm with the Confidential Items.

The meeting will be open to the public at 7.15pm.

A Notice of the meeting was published in The Advocate Newspaper on 10 October 2012.

Council Minutes can be found on Council’s website www.devonport.tas.gov.au

QUALIFIED PERSONS ADVICE ETC.

I certify that with respect to all advice, information or recommendation provided to the

Council in or with this agenda:

i. the advice, information or recommendation is given by a person who has the

qualifications or experience necessary to give such advice, information or

recommendation; and

ii. where any advice is directly given by a person who does not have the required

qualifications or experience that person has obtained and taken into account

in that person’s general advice the advice from an appropriately qualified or

experienced person.

Ian McCallum

GENERAL MANAGER

http://www.devonport.tas.gov.au/

AGENDA FOR A MEETING OF DEVONPORT CITY COUNCIL

TO BE HELD ON MONDAY 15 OCTOBER 2012

AT THE COUNCIL CHAMBERS, FENTON WAY, DEVONPORT COMMENCING AT 6.00PM

Item Page No.

1.0 APOLOGIES

2.0 LEAVE OF ABSENCE

3.0 DECLARATIONS OF INTEREST

4.0 CLOSED SESSION - CONFIDENTIAL MATTERS .................................................. 6

5.0 PUBLIC FORUM .......................................................................................... 6

5.1 Responses to questions raised at prior council meetings (D280648) ...................................... 6

5.2 Questions asked at this meeting ................................................................................................... 8

6.0 CONFIRMATION OF MINUTES........................................................................ 9

6.1 Minutes of an Council Meeting held 17 September 2012 ........................................................ 9

7.0 WORKSHOPS & BRIEFING SESSIONS ............................................................ 10

7.1 Workshop and Briefing Sessions held since the last council meeting (D278668) ............... 10

8.0 PLANNING AUTHORITY MATTERS ................................................................ 11

8.1 AM2012/04 Amendment to Planning Scheme - 211 Brooke Street (D279654) .................. 12

8.2 PA2012.0148 Take Away Food Shop including food processing - 17 Forbes Street

(D280326) ........................................................................................................................................ 40

9.0 NOTICES OF MOTION ............................................................................... 84

9.1 Provision of Storage Facility - Community Groups - Notice of Motion - Ald G B Kent

(D279399) ........................................................................................................................................ 84

9.2 Investigation into Rating Models - Notice of Motion - Ald A L Rockliff (D279928) .............. 85

9.3 Preparation of Report - Continuation of Cradle Mountain Water Rebate - Notice

of Motion - Ald S L Martin (D280410) .......................................................................................... 86

10.0 MAYORAL REPORT ................................................................................... 87

10.1 Mayor's Monthly Report (D279639) ............................................................................................. 87

11.0 GENERAL MANAGER'S REPORTS ................................................................. 89

11.1 Code of Conduct Review (D279561)......................................................................................... 89

11.2 Elected Members Expenditure Report (D279640) .................................................................. 121

11.3 2012/13 Annual Plan Update as at 30 September, 2012 (D279956) ................................... 123

11.4 Proposed Changes to Local Government Electoral Arrangements (D280072) ............... 143

12.0 CUSTOMERS AND COMMUNITY REPORTS ................................................... 174

12.1 Minutes of Controlling Authorities, Working Groups and Special Committee

Meetings (D280109) ..................................................................................................................... 174

13.0 TECHNICAL AND FINANCE REPORTS .......................................................... 204

13.1 Capital Progress Report (D279685) ........................................................................................... 204

13.2 Art Storage Facility Racking - Tender Report (D279776) ....................................................... 209

13.3 Annual Environmental Health Report (D279837) ................................................................... 211

13.4 Contract 1222 - Supply, Delivery and Placement of Hotmix Asphalt (D279839) ............. 224

13.5 Contract 1223 - Supply, Delivery and Placement of Sprayed Bituminous Surfacing

(D279862) ...................................................................................................................................... 226

13.6 Finance Report for September 2012 (D280492) ..................................................................... 228

Report to Council Meeting on 15 October 2012

ITEM 4.0

4.0 CLOSED SESSION

The following items 4.1 to 4.8 which in the General Manager’s opinion are prescribed items

in accordance with Regulation 15(2) of the Local Government (Meeting Procedures)

Regulations 2005 (confidential matters). Consequently, the Council by absolute majority,

can decide to close the meeting.

RECOMMENDATION

That the meeting be closed to the public, to enable Council to consider Agenda Items 4.1

to 4.8 which are confidential matters as prescribed in Regulation 15(2) of the Local

Government (Meeting Procedures) Regulations 2005.

4.1 Application for Leave of Absence

4.2 Application for Leave of Absence

4.3 Drainage issue Spreyton

4.4 Unconfirmed Minutes of Meeting - Audit Committee - 24 September 2012

4.5 Unconfirmed Minutes of Meeting - Devonport Maritime & Heritage Authority 20

September 2012

4.6 Unconfirmed Minutes - Dulverton Regional Waste Management Authority - Board

Meeting - 18 September 2012

4.7 Unconfirmed Minutes - Dulverton Regional Waste Management Authority -

Representatives Meeting - 19 September 2012

4.8 Unconfirmed Minutes of Board Meeting - Cradle Coast Authority - 11 September 2012


ITEM 5.1

Closed Session - C onfidential Matters 4.2 Application for Leave of Absence - ALD G F Goodwi n

Public Forum

5.0 PUBLIC FORUM 5.1 R esponses to ques tions r aised at prior council meeti ngs

5.1 RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS

File: 26370 D280648

Meeting held 17 September 2012

Reproduced below is the response dated 5 October 2012 to Mr Kay Kidd’s

question:

Thank you for your attendance at the Devonport City Council meeting held

on 17 September 2012 and your question during the public forum relating to

a remission on rates and Council’s rating model.

Looking forward to your continued interest in the activities and decisions of

Council.


Reproduced below is the response dated 5 October 2012 to Mr David Renoden’s

question:





Council.


Reproduced below is the response dated 5 October 2012 to Mr Mark Seaton’s

question:





Council.


Reproduced below is the response dated 5 October 2012 to Mr Ken Tyson’s

question:





Council.


Reproduced below is the response dated 8 October 2012 to Mr Andrew Cooper’s

question:


ITEM 5.1

Thank you for your representation made at the Council meeting held on 17

September 2012 in relation to rating of higher valued properties.

I feel that I must clarify the statements made at the meeting as they do not

accurately reflect our conversation of 3 July 2012.

At our meeting, I, at length, explained the situation in relation to higher

valued properties in the City and the situation Council found itself in when

adopting its Budget and setting its rates for 2012/2013.

Part of that conversation included an explanation of the rule contained in

the Valuation of Land Act which states that the AAV of a property could not

be less than 4% of the Capital Value of the property.

In response to your question as to what could be done about your rates for

this year, I did say that I do not have the ability to change Council’s decision

for 2012/2013. You must appreciate that only Council can change its own

decisions.

In relation to going forward, you asked what could be done and I suggested

that as Council does not have the power to change legislation, you could

make representations to the Minister for Local Government to make him

aware of what effect the “4% rule” was having, which meant that the AAV

does not reflect the actual rental you could receive for your property if you

rented it and that the State Government may wish to review the legislation.


Reproduced below is the response dated 8 October 2012 to Mr Bob Vellacott’s

question:

Thank you for the questions raised at the Council meeting held on 17

September 2012 in relation to the charging of penalties on unpaid Council

rates and charges.

Firstly, the recent High Court decision against charges by Banks has no

application to Councils because they are Statutory Authorities and have the

necessary legislative authority to charge a penalty on unpaid rates. For your

information Section 128 of the Local Government Act 1993 gives a Council

the power to do so.

In relation to your specific questions, I provide the following responses:

1. In applying the 10% penalty, Council was of the opinion that this was

adequate incentive to ensure that potential recalcitrant ratepayers

met their obligations on time like the greater majority of Council’s

ratepayers.

2. The penalty has nothing to do with the cost of administration; it is merely

an incentive for people to meet their obligations as above.

3. Section 128 of the Local Government Act 1993 permits Council to apply

a penalty not exceeding 10%.

I trust that this response satisfies your enquiry.

ATTACHMENTS

Nil


ITEM 5.1

Recommendati on

RECOMMENDATION

That the report advising of responses to questions raised at a prior Council meeting be

received and noted.

Questi ons asked at this meeti ng

5.2 QUESTIONS ASKED AT THIS MEETING


ITEM 6.0

Confirmati on of Minutes

6.0 CONFIRMATION OF MINUTES Confirmati on of Minutes C ouncil M eeting

6.1 COUNCIL MEETING - 17 SEPTEMBER 2012

RECOMMENDATION

That the Minutes of the Council Meeting held on 17 September 2012 as circulated be

taken as read and confirmed.


ITEM 7.1

Workshops & Bri efing Sessions

7.0 WORKSHOPS & BRIEFING SESSIONS 7.1 Wor kshop and Briefi ng Sessi ons held since the l ast council meeti ng

7.1 WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST

COUNCIL MEETING

Council is required by Regulation 8(2)(c) of the Local Government (Meeting Procedures)

Regulations 2005 to include in the Agenda the date and purpose of any Council

Workshop held since the last meeting.

Date Description Purpose

19/09/2012 Maritime Museum A tour of the new facility was conducted,

followed by a presentation by Lyndsay

Kelly who is working with Council on

planning, developing and designing the

interpretation/exhibition.

01/10/2012 Update on Healthy

Communities – Bev Hayhurst,

Cradle Coast Authority

Bev Hayhurst presented an overview of

the achievements of the program across

the Cradle Coast, Council Officers

discussed impact in Devonport.

162 Sheffield Road Drainage Discussion following deferral of item at

Council’s August meeting.

CBD Discussion on development opportunity.

08/10/2012 Chicken Treat Traffic issues were discussed.

CBD Follow up from last Workshop on this

matter.

Local Government Electoral

Arrangements Discussion

Paper

Aldermen were briefed on the Discussion

Paper from Matt Healey, Director, Division

of Local Government, Security and

Emergency Management in relation to

proposed changes to Local Government

electoral arrangements.

Water & Sewerage

Corporation Constitution

Aldermen provided with a presentation in

relation to the draft constitution for the

single Water and Sewer Corporation and

sought an indication of Council's position

in relation to a few issues.

Recommendati on

RECOMMENDATION

That the report advising of Workshop/Briefing Sessions held since the last Council meeting

be received and the information noted.


ITEM 8.1

Planni ng Authority M atters

8.0 PLANNING AUTHORITY MATTERS

The Mayor will now announce that Council intends to act as a Planning Authority under the

Land Use Planning and Approvals Act 1993 for the consideration of Agenda Items 8.1to

8.2.

Council is required by Regulation 8(3) of the Local Government (Meeting Procedures)

Regulations 2005 to deal with items as a Planning Authority under the LUPA 1993 in a

sequential manner.

The following items are to be dealt with at the meeting of Council in its capacity as a

Planning Authority.

8.1 AM2012/04 Amendment to Planning Scheme - 211 Brooke Street (D279654)

8.2 PA2012.0148 Take Away Food Shop including food processing - 17 Forbes Street

(D280326)


ITEM 8.1

8.1 AM 2012/04 Amendment to Planning Scheme - 211 Br ooke Str eet

8.1 AM2012/04 AMENDMENT TO PLANNING SCHEME - 211 BROOKE

STREET

File: 27870 D279654

RELEVANT PORTFOLIO Technical and Finance

RELEVANCE TO COUNCIL’S PLANS & POLICIES

Council’s Strategic Plan 2009-2030:

Strategy 2.1.1 Ensure the City's Planning Scheme supports local community

character and appropriate land use.

PURPOSE The purpose of this report is to consider an application to amend the Planning Scheme to

land identified as 211 Brooke Street, East Devonport to be rezoned light industrial. The

application has been submitted by Lester Franks Survey and Geographic on behalf of the

owners.

The applicant’s submission is annexed as Attachment 1.

The title is 1.43ha in area and contains existing buildings approximately 3400m2 in area

which were until recently used as a distribution centre. The 1.43ha square shaped lot is

identified below on an aerial photo. (Dekho December 2009)


ITEM 8.1

BACKGROUND Planning Instrument: Devonport and Environs Planning Scheme 1984

Applicant: Lester Franks Survey & Geographic

Owner: Anne Forest, Beryl Bovill, William Bovill and Richard Bovill

Proposal: Amendment to Planning Scheme

Existing Use: Disused building and site previously occupied by Woolworths

(Victoria) P/L as a distribution centre for fruit and vegetables.

Decision Due: 15 October 2012

COMMENTARY

Current Zoning

The subject lot and the surrounding land is currently zoned Rural. The following map

outlines the subject title and the relationship to the surrounding zones. The lot proposed to

be rezoned to light industrial is outlined in purple.

Strategic Implications

The Tasmanian Planning Commission (TPC) currently has before it AM2008/03. This is the

proposal to rezone land in both Devonport and Latrobe to allow various industrial activities

by the creation of the Mersey Regional Industrial Area (MRIA). From a Devonport

perspective the land is located east of Tea Tree Lane and on the northern side of Brooke

Street. This can be observed on the above map which includes the land subject to this

application. The TPC had requested significant additional information regarding the MRIA

and Devonport and Latrobe Councils have been working on this for the past 24 months.

An outline development plan is being submitted to the TPC to advance this proposal.

The timing of how this proposal will coincide with the MRIA amendment and the Draft

Interim Planning Scheme Template for the Cradle Coast Region is an unknown at this

stage.


ITEM 8.1

The provisions of the Land Use Planning Approvals Act 1993 are limited in their transition

provisions and it may well be that an interim Planning Scheme might be declared before

this amendment or the MRIA amendment is determined.

The application indicates that should the zoning be approved the intended use of the site

will be dealt with in a separate development application to Council. The details of the

proposed use have not been submitted with this application.

Under the current Planning Scheme a light industry is a prohibited use in the rural zone

however other forms of industry can be considered on their merits. The scope for

development is quite broad. The following table best illustrates this.

Rural Zone – 1984 Planning Scheme

Proposed Use Use classification

Agricultural Uses Permitted

Bulk Store Discretionary

Caravan Park & Camping area Discretionary

Church Discretionary

Civic Building Discretionary

Commercial Premises Discretionary

Dependant Relative Unit Permitted (with qualifier)

Educational Establishment Discretionary

Fuel Depot Discretionary

Garden Centre Discretionary

Home Occupation Discretionary

Service Industrial Discretionary

Extractive Industrial Discretionary

Rural Industrial Discretionary

Hazardous Industrial Discretionary

Institutional Building Discretionary

Intensive Horticulture Discretionary

Intensive Livestock Farming Discretionary

Kennels Discretionary

Manufactured Home Discretionary

Market Place Discretionary

Motor Repair Garage Discretionary

Passive Recreation Discretionary

Private Recreation Discretionary

Public Building Discretionary

Public Park Discretionary

Residential Building Discretionary


ITEM 8.1

Restaurant Discretionary

Service Shop Discretionary

Single Dwelling Discretionary or Permitted (with qualifiers)

Stable Discretionary

Store Discretionary

Timber Mill Discretionary

Tourist Operation Discretionary

Transport Depot Discretionary

Utility Services Discretionary or Permitted (with qualifiers)

Veterinary Establishment Discretionary

Welfare Institution Discretionary

Woodyard Discretionary

Miscellaneous Discretionary

All other uses Prohibited

Although broad in the possibility of use this Table also demonstrates various unexplainable

inconsistencies. For example while a light industry is a prohibited use a ‘Service Industry’ is

discretionary.

A Service Industry is defined as meaning-

‘a light industry (my emphasis) in which goods intended for sale on the site are

manufactured or in which the processes are directed towards servicing of goods or land

and buildings and used as a depot for receiving goods to be serviced’.

When considering the impacts of a light industrial activity against the impacts of other

listed discretionary uses the reasons for excluding light industry can only be surmised.

While the intended use of the land has not been submitted there appears to be only two

options available to consider to advance an amendment. The first option is the

amendment of the scheme to rezone the land to industrial. In general terms this is a site

specific zone that in normal circumstances would not necessarily be supported. However

due to the strategic intent of the MRIA it can be favoured although in many ways it

duplicates the amendment already with the Tasmanian Planning Commission awaiting

determination.

The second option is to amend the Table of Use Classes and Zones (Schedule 1 of the

Scheme) to allow discretion for light industry uses in the rural zone. In consideration of this

option the essential difference between this option and that proposed is that a future

development application would most likely be discretionary rather than permitted. Until

the future use is known either of the application process cannot be confirmed.

Other factors

The following matters also need to be amplified to ensure the proposal receives an

objective assessment.

Scenario 1 – The Mersey Regional Industrial Area (MRIA) amendment is approved first. In

effect this application will not need to proceed to a determination.


ITEM 8.1

Scenario 2 – The Mersey Regional Industrial Area amendment is rejected. In effect this

application will need to be considered on its merits as being a site specific amendment

notwithstanding that the site is already developed with buildings of an industrial nature.

Scenario 3 – Both scenarios 1 & 2 are overtaken by the regional planning process when

and if the interim Planning Schemes are declared. If the interim scheme is delayed then

either of the previous scenarios will still apply.

Scenario 4 – Council decides to abandon the interim process and pursue a new Planning

Scheme based on the Planning Directive 1 template. This will take considerably longer to

reach effect but still allows amendment applications to be considered in the meantime

which may be favoured if a proposal is consistent with the strategic intent.

Scenario 5 – The MRIA and the regional process stall. The merits of whether a site specific

amendment to the planning maps outweighs the merits of amending the Table of Use

Classes and Zones will need to be considered.

Statutory Requirements

Before certifying an amendment, Council must be satisfied that the amendment is

consistent with the State Policies and the Land Use Planning and Approvals Act, 1993. This

proposal is consistent with the State Policies and the objectives of LUPAA.

The applicant has provided responses to these matters and no additional comments are

submitted. The applicant’s submission is attachment 1.

FINANCIAL IMPLICATIONS There are no direct financial implications.

CONCLUSION The application to amend the scheme has been investigated and is considered to have

merit.

Whether the MRIA amendment or the regional planning process is first delivered is

unknown at this stage. The proposed site specific rezoning is considered more

appropriate at this stage as it has the strategic support of the Mersey Regional Industrial

Area Process.

Amending the table of use for the Rural Zone to include light industrial uses, has strategic

implications beyond the boundaries of this amendment, into all rural areas. The merits or

otherwise of this can be examined as part of the Regional planning project.

ATTACHMENTS

1. Application - AM2012/04 - 211 Brooke Street - Rezone land from 'Rural Zone' to

'Light Industrial Zone'

Recommendati on

RECOMMENDATION

That Council:

1. agree to initiate amendment AM 2012/04 and certify amendment AM2012/04 by

rezoning land at 211 Brooke Street to Light Industrial; and

2. placing amendment AM2012/04 on public exhibition for a 4 week period in

accordance with Section 38 of the Land Use Planning and Approvals Act, 1993.

Application - AM2012/04 - 211 Brooke Street - Rezone land from 'Rural Zone' to

'Light Industrial Zone'

ATTACHMENT [1]

ITEM 8.1


ITEM 8.2

8.2 PA2012.0148 Take Away Food Shop i ncludi ng food processi ng - 17 For bes Street

8.2 PA2012.0148 TAKE AWAY FOOD SHOP INCLUDING FOOD

PROCESSING - 17 FORBES STREET

File: 27804 D280326




Strategy 2.1.1 Ensure the City's Planning Scheme supports local community

character and appropriate land use.

PURPOSE The purpose of this report is to consider the representations received to the above

application and determine the merits of the proposal. It is proposed to undertake internal

alterations to the subject property for use as a take away food shop primarily selling

seafood processed on the same site.

BACKGROUND Planning Instrument: Devonport and Environs Planning Scheme 1984

Applicant: Judith Rowlings and Craig Harriss

Owner: Judith Rowlings and Craig Harriss

Proposal: Take Away Food Shop including food processing

Existing Use: Unused (previously trading as Mower Power)

Decision Due: 15 October 2012

SITE DESCRIPTION The subject site is situated on the eastern side of Forbes Street between Harold Street and

Smith Street. The land size is 713m2 and contains a principal building and minor

outbuildings. The site is within an established retail strip of commercial activities.

SITE HISTORY

Originally the main building was developed as a single dwelling in 1964. This remained so

until the property changed hands in 1984 and an application was made and planning

consent granted for the land to be used as an office and showroom associated with an

undertakers business.

In October 1989 the land was subject to another change of use and planning consent

was granted for lawn mower and small engine sales and servicing. Subsequent building

approval for internal alterations that included a showroom was approved later in 1989

and again in 1993.

This use recently located to a larger premises within an industrial area which created the

opportunity for the Forbes Street site to be used for other activities.


ITEM 8.2

Looking north along Forbes Street. The subject site is outlined in red

APPLICATION DETAILS The applicant is seeking to modify the internals of the building to allow the processing of

fish straight from their boat and to on sell by either fresh fish sales or by cooked take away.

No additions to any of the buildings on the site are proposed. The internal alterations are

based on specific food premises standards and include the usual fixtures and fittings

required for cooking and exhaust extraction. In general terms the proposal is a simple fish

and chip shop with the difference between some others being the fresh product.

The existing signage structures with the rewording of the proposed business name and

product has also been included.

The applicants advise that the indicated car parking at the rear of the premises are for

staff purposes and that customers will have spaces available in front of the shop. Further

discussion on the parking will follow later in this report.

The applicant has indicated that gummy shark is the primary fish caught and is the basis

for their business. They acknowledge that other bi-catch species are caught and all

catch including the gummy shark have their heads removed and are gutted at sea. They

indicate that this is a regulatory matter under jurisdiction of the Australian Fisheries

Management Authority (AFMA). Due to the boat being at sea for 7-9 days the cleaned

fish are kept stored on ice. The boat itself is a 16 metre craft that is moored at the Tasports

wharf.

They have a 10 tonne quota but the AFMA work out a total allowable catch on each fish

species. This is based on scientific data and the previous year’s catch. For the past 11

years the total allowable catch has been between 74% and 78%. This equates to 7.6

tonne per year that are able to be fished or on average 146kg per week.


ITEM 8.2

PLANNING ISSUES The land is zoned semi residential under the Devonport and Environs Planning Scheme

1984. The application is for a Take Away Food Shop and shop including food processing.

The shop components are discretionary within the semi residential zone. The food

processing although having more potential environmental impacts only uses a small

portion of the building. Although it could exist as a sole entity this is deemed as ancillary

and incidental to the primary shop activity. However the processing aspect will need to

be carefully considered to ensure that off site effects are minimised. It is important to

emphasise that the ‘processing’ is essentially filleting of the catch.

The use and development standards for shops are limited in their application to car

parking, signage and the general considerations under Part 6 of the Planning Scheme.

The car parking requirement for a shop is 3 spaces per each 100m2 of floor area used for

retail sales. This targets the traditional display racks and browsing areas associated with

the specialty shops. The Planning Scheme is silent on the calculation for car parking for

Take Away Food Shops however an objective assessment of the three proposed spaces at

the front of the shop appears adequate if the design to the Australian Standard can be

accommodated.

An existing angled sign structure currently sits above the roofline of the building that

advertises the previous use. The following streetview best depicts this. No record of any

previous approval as been found and it will be a recommendation that it be removed.

The remaining façade is deemed to be of sufficient dimension to advertise the future shop

name and products sold. The removal of this sign will also allow greater conformity with

the façade signage on the adjoining commercial properties to the north and south.

Photo – courtesy Google street view – (sign circled)

The Part 6 general considerations are those which provide some matters relating to

amenity, locality and suitability. These are reproduced below with comments as deemed

relevant.


ITEM 8.2

6.2 In the implementation of the provisions of this Scheme and in respect of any

application for planning approval to carry out development or use of any land

or building, the Council shall take into consideration:

6.2.1 the provisions of this Scheme;

Comments: The signage and car parking requirements have been assessed.

6.2.2 any detailed plan, code, or standard adopted by resolution of Council

for the development of any locality, zone, or class of use or uses

covered by the provisions of this Scheme;

Comments: The land is within an established retail section of Forbes Street. The site has

been effectively used for commercial purposes since 1984.

6.2.3 the character of the locality, the existing and future amenities of the

locality and the values of the properties in the surrounding locality;

Comments: The most recent activity of small engine sales and servicing would on a first

cut basis have more effect on the amenity of the area due to noise of engines being

tested. The impacts of the proposed use are most likely to be associated with fish

processing rather than the odours from exhaust extraction of deep frying machinery.

This can be mitigated through a condition.

6.2.4 the availability of existing public utility services and roads;

6.2.5 the size and shape of the parcel of land;

6.2.6 the provisions of access, and areas for loading, parking and the

manoeuvre of vehicles;

Comments: The property has an existing access to the rear of the property where

lawnmower servicing by the previous occupier occurred. There is adequate room here

for fish delivery vehicles and transport for the anticipated staff numbers.

The submitted site plan indicates two cars parked beside each other on the concrete

apron in front of the building. An onsite inspection doesn’t confirm that this area has

the dimensions to accommodate the vehicles as portrayed. That aside however the

property frontage does include a circular driveway with two accesses onto Forbes

Street. There is adequate room for 3-4 cars to park for a short period in this space if

properly managed. Council’s City Infrastructure Department has recommended a

condition that should verify this. In summary the use of the rear of the site for the

parking of staff vehicles is recommended as it is anticipated that customers will park in

front or use the on street parking in close proximity when available. This is deemed

satisfactory.

6.2.7 the provision and subsequent proper maintenance of adequate

landscaping and associated street furniture, amenity facilities,

illumination and treatment of the site generally;

6.2.8 the circumstances of the case and the public interest;

Comments: The representations received have raised various concerns which will be

commented on later in this report. Generally the proposal is supported if the

management of odours is attained. The disposal of heads and internals at sea

minimises one aspect of potential waste odour.

6.2.9 the position of buildings on allotments in relation to boundaries or to

other buildings, their density, character, height and harmony in design

of facades;

Comments: No increase in building area is proposed


ITEM 8.2

6.2.10 the need to impose limits as to length of establishment of operation

and the periods within which activities may be carried out;

Comments: Contemporary shop trading legislation do not allow restriction on hours of

operation unless extreme circumstances warrant otherwise.

6.2.11 the desirability of preserving any existing buildings considered to be of

historical or architectural interest 1and the effect of the proposed

development on the heritage significance of Heritage Items, Heritage

Areas and places the Planning Authority considers to have historical or

architectural interest.

6.2.12 the effect of the development on any scenic views from adjacent or

nearby premises;

6.2.13 the requirements of any State Policy;

6.2.14 any other provisions under the Act.

REPRESENTATIONS Four representations were received within the two 14 day public scrutiny periods as

required by the Land Use Planning and Approvals Act 1993. Although there are no explicit

objections to the proposed change of use the similar concerns relate primarily to

management of the projected odours associated with the fish processing. The Wiseman

representation has been confirmed as being supportive and not an objection.

Each representation has been reproduced on the following pages:


ITEM 8.2


ITEM 8.2

The matters raised in no particular order with relevant comments following each are

summarised as follows.

1. Poor governance, policy and planning shouldn’t affect investments in the area.

Comments – It is anticipated that the recommended conditions of approval and current

environmental legislation will provide a satisfactory means of control. For example if odour is

proven to be a nuisance the environmental infringement legislation provides very good

incentive for operators to comply. Unfortunately infringement notices are based on reactive

events after the nuisance is detected. The onus on good management practices and

proactive compliance with the permit conditions rests with the operator.

2. The 100kg quota per week doesn’t stack up as a profitable operation.

Comments – The 100kg figure quoted is the quantity that the applicants need to process per

week to satisfy their business plan. Their Australian Fisheries Management Authority (AFMA)

quota is 146kg on average per week plus by catch species and other seafood species

obtained on a seasonal basis

3. Storage of fishing boats and associated equipment may exacerbate odour

concerns.

Comments – the applicants have advised that the 16m boat remains at a mooring in the

Mersey and only comes out for annual maintenance.

4. Sewage backflow and overflow concerns


ITEM 8.2

Comments – Cradle Mountain Water have provided conditions to be placed upon any

permit that include entering into a trade waste agreement with them.

5. Who governs the quota?

Comments – The quota is set and regulated by AFMA

6. Who is responsible for ensuring odour is controlled.

Comments – This is pro-actively managed by the operator. Any nuisance issues arising are

under Council’s jurisdiction.

COMMENTARY Ostensibly the application is principally for a change of use from one commercial activity

to another. The previous activity had the propensity for noise related issues while this

proposal has had concerns expressed on unsavoury fish based odours emanating from

the processing.

The operators have demonstrated in their submission an ability to fish, manage and

market their product. Although economics and viability are not generally planning

considerations the quantity of product is important to know to enable a balanced and

objective assessment to be undertaken.

Cradle Mountain Water has indicated that the waste disposal into their sewage system

can be controlled by a Trade Waste Agreement. From the information submitted it

appears that the waste will primarily be wash water as fish scraps are intended to be

packaged and used for crayfish bait. It is in the operator’s best financial interest to

minimise the effects of the trade waste agreement by reducing solid waste, excessive use

of water and managing other on site environmental effects of the processing which is

principally filleting of the caught fish. The filleting area is identified as an 8.2m x 2.2m area

at the rear of the existing building.

FINANCIAL IMPLICATIONS No financial implications are predicted.

CONCLUSION The application has been investigated by Council’s Development Assessment Review

Team and Cradle Mountain Water and is recommended for approval.

ATTACHMENTS

1. Supporting documents

2. Plans of Alterations

3. Cradle Mountain Water - Determination Permit Application -

PA2012.0148 - JA Rowlings & CA Harriss - 17 Forbes Street

Minuted

Recommendati on

RECOMMENDATION

That Council, pursuant to the provisions of the Devonport and Environs Planning Scheme 1984 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2012.0148 and grant a Permit to use land identified as 17 Forbes Street, Devonport for the following purposes:

Take-away food shop including food processing


ITEM 8.2

Subject to the following conditions:

1. Unless altered by consequent conditions on this permit the internal alterations are to

proceed generally in accordance with the submitted plans referenced as Proposed

Internal Alterations to create a Seafood Shop by Weeda Drafting & Building

Consultants Pty Ltd dated September 2012, Project 14112 copies of which are

attached and endorsed as documents forming part of this Planning Permit. (see note

below)

2. The activity endorsed by this permit is to undertaken generally in accordance with

the Business Plan ‘Strait off the Boat’ submitted with the application with the following

management matters to be included in the management and operation of the

activity: (see note below)

(i) All containers transporting product between boat and processing room are to

be kept closed and sealed and not stored outside prior to processing;

(ii) The door to the processing room is to be kept closed during processing;

(iii) All processing is limited to pelagic fish and shark species only. No Shucking of

oysters, scallops and other shellfish or cleaning of cephalopods is allowed.

(iv) Any deleterious waste matter is to be stored in air tight containers before

transportation to an approved waste facility.

3. The person responsible for the activity is to have a current food premises registration

prior to commencing sale of food.

4. The person responsible for the activity is to submit a design drawing of proposed

driveways, accesses and car parking that demonstrates compliance with AS/NZS

2890.1 – 2004 Parking Facilities Part 1 – Off Street Car Parking. These plans are to

include turning paths and any alternative parking arrangements that can be

practically achieved.

5. The person responsible for the activity is to ensure that any waste receptacle placed

within the road reserve during the alterations is made safe for pedestrian and

vehicular traffic movements. Any such proposal will need a ‘Working within a Road

Reserve Permit’ from the Council City Infrastructure Department.

6. The existing angled sign above the roof line/facade is to be removed. (see note

below)

7. The person responsible for the activity must comply with the conditions contained in

Schedule 2 of Permit Part B, which the Regulated Entity (trading as Cradle Mountain

Water) has required the Planning Authority (Council) to include in the permit pursuant

to section 56Q of the Water and Sewerage Industry Act 2008.

Supporting documents ATTACHMENT [1]

ITEM 8.2

Plans of Alterations ATTACHMENT [2]

ITEM 8.2

Cradle Mountain Water - Determination Permit Application - PA2012.0148 - JA

Rowlings & CA Harriss - 17 Forbes Street

ATTACHMENT [3]

ITEM 8.2


ITEM 9.1

Notices of M oti on

9.0 NOTICES OF MOTION 9.1 Pr ovisi on of Stor age Facility - Communi ty Groups - Notice of M otion - Ald G B Kent

9.1 PROVISION OF STORAGE FACILITY - COMMUNITY GROUPS -

NOTICE OF MOTION - ALD G B KENT

File: 15863 D279399

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures)

Regulations 2005, a notice of motion has been received from Alderman G B Kent. Recommendati on

MOTION

That Council Officers be requested to investigate the availability and costs of a suitable

storage facility for the purposes of storing items used by community groups, service clubs

and Council Special Committees/Authorities.

GENERAL MANAGER’S COMMENTS To ensure all community groups, service clubs and Council Special Committees/Authorities

needs are determined to inform the report, a public call for submissions will be advertised.

Mayor Steve Martin and Ald Rockliff in collaboration with the Maidstone Park Controlling

Authority are pursuing storage issues on behalf of community groups at Maidstone Park.

The outcome of these investigations will be included in the final report.


ITEM 9.2

9.2 Investigation into Rating M odels - N otice of Motion - Ald A L R ocklif f

9.2 INVESTIGATION INTO RATING MODELS - NOTICE OF MOTION - ALD

A L ROCKLIFF

File: 26370 D279928


Regulations 2005, a notice of motion has been received from Alderman A L Rockliff. Recommendati on

MOTION

“That Council undertake a thorough investigation into the various rating models available

to use ensuring that all information is provided in a timely manner which will allow any

changes to be put in place before the 2013-14 financial year.

SUPPORT

As a result of the recommendation regarding rates being overturned at the last meeting,

no decision has been made to investigate an alternative rating system.

I believe that regardless of the recent decision we still need to thoroughly investigate other

possibilities available to us to ensure that the property owners of the City are rated using

the fairest method possible. Information needed would include but not be limited to:

What other methods are available?

Have any of these methods already been introduced in other Local Government

areas?

What is entailed in introducing each method?

How each method impacts each class of ratepayer?

GENERAL MANAGER’S COMMENTS A review of Council’s rating practices was discussed by Aldermen at the Workshop held

on 3 September 2012 in response to representations from ratepayers of higher valued

properties in the City.

This was incorporated into the recommendation contained in the General Manager’s

Report to the Council meeting held on 17 September 2012 however, the resolution of

Council did not incorporate a decision in regard to a review.


ITEM 9.3

9.3 Pr epar ation of Repor t - C ontinuation of Cr adl e M ountai n Water R ebate - Notice of Motion - Ald S L M arti n

9.3 PREPARATION OF REPORT - CONTINUATION OF CRADLE

MOUNTAIN WATER REBATE - NOTICE OF MOTION - ALD S L MARTIN

File: 27057 D280410


Regulations 2005, a notice of motion has been received from Alderman S L Martin. Recommendati on

MOTION

“That Council Officers prepare a report in regards to the not-for profit (NFP) Community

Organisations Rebate Program with the Single Water & Sewerage Corporation, identifying

the most cost efficient way to ensure the current CMW rebate continues, including

investigations into the following:

As CMW is the only corporation that provides the rebate, if such is opened statewide

would dividends decrease to the point that Council would be worse off financially?

If not supported would dividends be sufficient to continue the rebate at municipal

level?

GENERAL MANAGER’S COMMENTS One of the steps in establishing the Statewide Water & Sewerage Corporation is for the

Owners to prepare and adopt a “Shareholders’ Letter of Expectation (SLE)”.

The issue of treatment of concessions for Not-for-Profit Organisations is one matter that

should be included in the SLE and needs to be addressed through that process.

At the initial meeting of the Owners’ Representatives held in Brighton on 26 September

2012 it was resolved as follows:

“That the Meeting endorse the establishment of a working group of appropriate

officials to address how this matter should be resolved in the Shareholders’ Letter of

Expectation.”

Whatever Council’s decision is in relation to this Motion, the recommendations from the

working group will inform any decision to be made by Council in the future.


ITEM 10.1

Mayor al R eport

10.0 MAYORAL REPORT 10.1 Mayor's Monthl y R eport

10.1 MAYOR'S MONTHLY REPORT

File: 22947 D279639

RELEVANT PORTFOLIO Mayoral Report



Strategy 5.3.2 Provide appropriate support to elected members to enable them to

discharge their functions

Purpose To detail meetings and functions attended by the Mayor during the month of September,

2012.

BACKGROUND This report is provided by the Mayor to provide a list of meetings and functions attended

by him for the month of September, 2012.

COMMENTARY In his capacity as Mayor, Alderman Steve Martin attended the following meetings and

functions during the month of September, 2012.

Mersey Community Hospital Management

Tasmania Leaders Program – Burnie

Braddon Mayors’ meeting & tour – Devonport

Financial Assistance Working Group

Oaktree Foundation –Jess Jacobson

Sustainable Cities judging

Sustainable Cities Civic Reception

Nixon Street Primary School – Anti Vandalism Project launch

Community Safety Liaison Committee

UTAS Cradle Coast – Science investigation Award Presentation – Burnie

Australian Masters Games committee

Strategic sports & Recreation briefing

LGAT Water & Sewerage briefing

Australian Volunteers for International Development

Mersey Leven Emergency Management

Devonport Food Security committee

7AD Radio fortnightly interview

Devonport Race Club


ITEM 10.1

Spreyton Cricket & Bowls Club

Spreyton Football Club Annual Dinner

Department Economic Development and the Arts

Kommunity Kids

Devonport Oval works tour

Sylvia Sayers

Child & Health Family Centre East Devonport 1st birthday

Bass Strait Maritime Museum

Devonport Agricultural & Pastoral Show Committee

Planning Authority presentation

Citizenship ceremony

Strategic Sport & Recreation Committee

Devonport Bowls & Croquet Club

Harvey Norman on site tour

Devonport Entertainment Centre Committee

Beached humpback whale issue

LGAT General Meeting – Brighton

LGAT General Management Committee meeting – Brighton

Steve Jarman, Department of Economic Development (Access Working Group)

Premier Lara Giddings – Hobart

Daniel Hanna, The Federal Group – Hobart

National Police Remembrance Day – Rokeby

Light the Night Walk – Leukaemia Foundation – Bluff to CBD

FINANCIAL IMPLICATIONS Mayoral expenses are costed to the general ledger account for Alderman Support and

are listed in a separate report.

RISK IMPLICATIONS It is believed there are no risks associated with this report.

CONCLUSION Meetings and functions attended by the Mayor will be reported on a monthly basis.

ATTACHMENTS Recommendati on

Nil

RECOMMENDATION

That the report advising of the Mayor’s meetings and functions for the month of

September, 2012 be received and noted.


ITEM 11.1

Gener al M anager's R eports

11.0 GENERAL MANAGER'S REPORTS 11.1 Code of C onduct R evi ew

11.1 CODE OF CONDUCT REVIEW

File: 21627 D279561

RELEVANT PORTFOLIO General Manager



Strategy 5.3.1 Review and amend governance structure, policies and procedures to

adapt to changing circumstances

PURPOSE To ensure that Council complies with its statutory obligations in relation to the review of its

Code of Conduct.

BACKGROUND Section 28E of the Local Government Act 1993 states as follows:

"(1) A Council must adopt a code relating to the conduct of councillors by 1 July

2006.

(2) A code of conduct must –

(a be consistent with the Act; and

(b) address any prescribed matters; and

(c) be reviewed within 12 months after an ordinary election.

(3) The General Manager is to make a copy of the Council’s Code of Conduct

and any amendments to the code available –

(a) for public inspection at the public office during ordinary office hours; and

(b) for purchase at a reasonable charge; and

(c) or on its internet site free of charge.

(4) A councillor is to comply with the provisions of the code of conduct in

performing the functions and exercising the powers of a councillor.”

Furthermore, Section 22A of the Local Government (General) Regulations 2005 states:

Matters to be addressed by code of conduct.

For section 28E(2)(b) of the Act, the following matters are prescribed:

(a) conflicts of interest;

(b) the use of the office of councillor, mayor or deputy mayor;

(c) the use of council resources;

(d) the use of council information;

(e) the giving and receiving of gifts and benefits;

(f) relationships with the community, other councillors and council employees;

(g) the representation of the council.

Council adopted its original Code of Conduct at a meeting held on 3 July 2006 (vide

Resolution 6220).

http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=95%2B%2B1993%2BGS28E%40Gs2%40Hpb%40EN%2B20100831160000%23GS28E%40Gs2%40Hpb%40EN;histon=;prompt=;rec=;term=


ITEM 11.1

A further revision of the Code was completed and adopted by Council in December 2008

(vide resolution 370/08) and again in December 2010 (vide resolution 266/10).

The Code complies with the provision of the Local Government Act. It is available at

Council’s offices for members of the public and is listed on Council’s internet site.

COMMENTARY The Code of Conduct is a statement of behaviour that Aldermen have agreed should be

demonstrated and which the community can expect to be demonstrated when

Aldermen are carrying out their roles and functions.

The Code:

Gives a clear understanding of how Aldermen will behave in their dealings with each

other, council employees and members of the community;

Provides a practical means of identifying and resolving situations which may face

Aldermen in carrying out their roles and functions; and

Promotes fair, objective, transparent and informed decision-making by the

Aldermen, ensuring that public interest will always have priority over their private

interests.

The Local Government Association of Tasmania recently released a Code of Conduct

template for consideration by Councils in reviewing their Codes.

This was used as a basis to identify any proposed changes to Council’s current Code of

Conduct. Council's Code of Conduct currently has 12 principles whilst the LGAT Code

defines 8 key principles.

The draft Code is attached. Minor word changes have been made to the introductory

pages. Major changes include the addition of pages 4 and 7 as well as the attachments.

Original principles have been combined to form one principle as follows:

- Original principle 2 and 3 combined to form Principle 2

- Original principles 5 and 9 combined to form Principle 4



Section 28G of the Local Government Act, 1993 states that Council must establish a Code

of Conduct Panel as follows:

(1) A council must establish a Code of Conduct Panel to hear and determine a

complaint in respect of the alleged failure of a councillor to comply with a provision

of the code of conduct.

(2) A Code of Conduct Panel is to consist of 2 members appointed by the council of

whom one is a person of good standing in the community and is not or has not been

a councillor or employee of that council within the previous 5 years.

(3) The person of good standing appointed under subsection (2) is the chairperson of a

Code of Conduct Panel.

(4) At the first ordinary meeting after an ordinary election, a council is to nominate 3

councillors, other than the mayor.

(5) The chairperson of a Code of Conduct Panel is to select one of the councillors

nominated under subsection (4) to be the second member of the Code of Conduct

Panel in respect of a complaint.


ITEM 11.1

(6) Both members of a Code of Conduct Panel must be present to hear and determine

a complaint.

Council’s current independent Chairman of the Code of Conduct Panel is Mr Ron Dell

(appointed by Council on 3 July, 2006). Mr Dell has confirmed by letter received 15

September, 2012 that he is prepared to continue in this role should Council so desire.

The proposed changes to the Code of Conduct were workshopped with Council on 10

September, 2012 and a draft of the report sent out to Aldermen on 28 September for

consultation. No feedback was received.

FINANCIAL IMPLICATIONS This report creates no financial implications to Council’s budget.

RISK IMPLICATIONS Political/Governance

Council will be in breach of the Local Government Act, 1993 if they do not review and

adopt their Code of Conduct.

CONCLUSION As the last ordinary election was held in October 2011, Council must review and re-adopt

its Code of Conduct in accordance with Section 28 E(2)(c) of the Local Government Act,

1993 within 12 months of an ordinary election. It is therefore appropriate to adopt the

Code at this meeting.

ATTACHMENTS

1. Revised Code of Conduct October, 2012

Recommendati on

RECOMMENDATION

That:

1. the changes to Devonport City Council’s Code of Conduct be noted and adopted;

2. Ron Dell be confirmed as Chair of Council’s Code of Conduct Panel

3. Aldermen Perry, Keay and Laycock be appointed to Council’s Code of Conduct

Panel.

Revised Code of Conduct October, 2012 ATTACHMENT [1]

ITEM 11.1


ITEM 11.2

11.2 El ected Members Expenditure Repor t

11.2 ELECTED MEMBERS EXPENDITURE REPORT

File: 22947 D279640






Purpose To detail expenditure of both the Mayor and Aldermen for the previous month.

BACKGROUND This report is in response to Council resolution 49/12 “That Council be provided with a

specific monthly report in relation to expenditure incurred, in excess of statutory

allowances, for both the Mayor and Aldermen.”

COMMENTARY Expenditure processed in September:

Mayor Steve Martin

$ 58.40 Mobile telephone expenses

$316.20 Accommodation – Cradle Coast Tourism Forum

Aldermen

$386.63 I-Pad monthly fee

Due to the timing of Credit Card statements and invoices, expenditure will be reported as

and when the account is paid. Items in this report may relate to transactions that

occurred in previous months.

FINANCIAL IMPLICATIONS Mayoral expenses are costed to the general ledger account for Alderman Support and

are listed in a separate report.


CONCLUSION Expenses will be reported on a monthly basis as adopted by Council at the February 2012

meeting.

ATTACHMENTS

Nil Recommendati on

RECOMMENDATION


ITEM 11.2

That the report advising of Mayoral and Aldermanic Expenditure for the month of

September, 2012 be received and the information noted.


ITEM 11.3

11.3 2012/13 Annual Plan U pdate as at 30 September, 2012

11.3 2012/13 ANNUAL PLAN UPDATE AS AT 30 SEPTEMBER, 2012

File: 26469 D279956




Strategy 5.3.5 Develop, maintain and monitor a fully integrated strategic and

business planning process that meets legislative requirements and

provides an increased performance management reporting

capacity across ssthe whole organisation and with external

stakeheholders

PURPOSE To provide an update on progress of the 2012/13 Annual Plan as at 30 September, 2012.

BACKGROUND Council adopted its 2012/13 Annual Plan on 18 June, 2012. The Annual Plan outlines the

Actions to be undertaken this financial year to work towards achieving our Strategic

Goals.

COMMENTARY The Annual Plan has been developed to guide Council in its Actions to ensure the future

aspirations of the Devonport community can be achieved. Highlights of this quarter

include:

Draft Residential Strategy for Devonport completed. Public feedback currently being

analysed.

Review and update of Service and Asset Management Infrastructure Plans

completed.

Contact database for Sports and Leisure organisations and clubs developed and

activated.

Art Tas Grant received for a Roving Curator to assist with collection management.

Departmental Business Impact analysis completed and Business Continuity Plan

under development.

Completion of Business Excellence ‘Events’ Project Team. Events Management

Guide developed.

Master Register of essential safety features for key Council buildings completed.

Engagement Policy introduced and suite of documents to assist with roll-out of policy

developed.

While a progress comment is provided on each Action in the attached report for the

information of Aldermen and the community, the graph below provides a summary of the

progress as at 30 September, 2012. It should be noted that as some projects have not yet

commenced, it shows a high proportion of projects as being ‘off target’. This will resolve

itself as the financial year progresses.


ITEM 11.3

FINANCIAL IMPLICATIONS Budget implications are communicated to Aldermen separately and do not form part of

this report.

RISK IMPLICATIONS It is not believed there are any risks associated with this Report.

CONCLUSION The 2012/13 Annual Plan Progress Report as at 30 September, 2012 is provided for the

information of the Aldermen and the community.

ATTACHMENTS

1. 2012-13 Annual Plan Update as at 30 September 2012

Recommendati on

RECOMMENDATION

That the 2012/13 Annual Plan update as at 30 September, 2012, as outlined in the

attached report, be received and noted.

Actions on Target - 64.29%

Actions Off Target - 35.71%

2012-13 Annual Plan Update as at 30 September 2012 ATTACHMENT [1]

ITEM 11.3


ITEM 11.4

11.4 Pr oposed Chang es to Local Government El ectoral Arrangements

11.4 PROPOSED CHANGES TO LOCAL GOVERNMENT ELECTORAL

ARRANGEMENTS

File: 26014 D280072






Strategy 5.3.3 Encourage increased community participation in Council elections

PURPOSE To enable Council to formally respond to a Discussion paper titled “Proposed Changes to

Local Government Electoral Arrangements” by the Department of Premier and Cabinet,

Division of Local Government, Security and Emergency Management.

BACKGROUND Mr Mat Healey, Director of the Division of Local Government, Security and Emergency

Management has written the following letter to Council in relation to the Discussion Paper:

“As you are aware, at the Local Government Association of Tasmania (LGAT) Annual

Conference on 13 July 2012 the Minister for Local Government Bryan Green MP,

announced his intention to consult on a number of proposed changes to Local

Government electoral arrangements.

The proposed changes include:

- Introducing opt-in compulsory voting, whereby a Council may choose to make

voting in local government elections compulsory within its municipal area;

- Introducing all-in, all-out elections every four years, with four-year terms for

Mayors and Deputy Mayors;

- Moving to election of Deputy Mayors “around the table” rather than by

popular vote; and

- Banning dual representation, so that a person cannot in future hold a seat on

Council and in State Parliament at the same time.

The Premier’s Local Government Council considered the proposals on 15 August

2012 and agreed to the formation of a working group to consider the proposals

comprised of representatives from the Division of Local Government, Security and

Emergency Management, LGAT and Local Government, with technical advice

provided by the Tasmanian Electoral Commission.

Please find attached copies of a discussion paper, developed and approved by the

working group, that considers the major issues in relation to each of the proposed

reforms.

I would be grateful if you could ensure that a copy of this discussion paper is

distributed to each of the Council’s elected members as soon as possible. I would


ITEM 11.4

also be grateful if you could ensure the matters are formally considered by the

Council as soon as possible.

Please note that legislation will need to be considered by Parliament as early as

possible if changes are required in advance of the October 2013 elections.

Depending on the complexities of the formal drafting process, the time allowed for

consultation on the draft legislation may need to be shortened. In addition, the

consultation period is unfortunately likely to occur over summer.

As such please ensure that elected members, and any Council officers who may be

interested in commenting, are aware that this consultation period should be

considered the primary formal consultation period in relation to these proposed

changes. Any draft legislation will of course be provided to LGAT for comment

however the time allowed for comment may not be sufficient to allow for

consideration of issues at an ordinary Council meeting.

Given this tight timeframe, I would be grateful if you could provide the Council’s

feedback on the proposed changes by Wednesday 31 October 2012. If there are

any issues with this timeframe, please contact this office on 03-6232 7022.

In addition, I will be running regional workshops in early October, if demand is

sufficient, to give elected members the opportunity to provide feedback directly to

me on the proposed changes. Details of those workshops will be circulated shortly.

I look forward to receiving the Council’s comments on these proposals.

Yours sincerely, Mathew Healey, Director, Division of Local Government, Security &

Emergency Management”.

A copy of the Discussion Paper was provided to Aldermen on 20 September 2012. A copy

is also attached with this Report along with a response prepared by LGAT and distributed

to Aldermen on 1 October 2012.

COMMENTARY The Discussion Paper asks a number of questions that the Director is seeking responses to

which are:

1. Does the Council support the introduction of Council opt-in compulsory postal

voting, whereby those Councils that wish to do so may opt-in to make voting in

Council elections compulsory for all electorates in their municipal area?

2. Does the Council support a move to prevent people, in future, from serving on

Council and in State Parliament at the same time?

3. Does the Council support a move to all in, all-out elections with four year terms for

councillors, Mayors and Deputy Mayors?

4. Does the Council support a move to around-the-table election of deputy mayors?

FINANCIAL IMPLICATIONS There are no direct financial implications to Council’s 2012/2013 Budget.

Depending upon the direction taken, there may be some savings to Council.

If Question 1 is decided either way, there will be no direct effect on Council’s budget.

Question 2 being decided in the affirmative only creates a financial effect on Council if

an Alderman is elected to either of the State Parliaments during their term as an elected

member of Devonport City Council.


ITEM 11.4

Should Questions 3 and 4 be decided in the affirmative, there would be a definite positive

financial effect on Council. This is because Council would only have to fund the cost of an

election every four years, instead of every two. In addition, should Council conduct its

own Deputy Mayor election, this would obviously save the need for the Electoral

Commission to conduct an election for Deputy Mayor.

The cost of the last election held in 2011 was approximately $80,000.

RISK IMPLICATIONS Communication/Reputation

Should Council decide not to respond there would be a risk of a detrimental effect

on its reputation.

CONCLUSION As mentioned above, a workshop was conducted on 8 October 2012 and a “straw” poll

of Aldermen indicated the following responses from a majority of those present.

Question 1 - No

Question 2 - Yes

Question 3 - No

Question 4 - Yes

ATTACHMENTS

1. 2012-13 Proposed Electoral Amendments Discussion Paper

2. Proposed Changes to Local Government Electoral Arrangements - No 2

Recommendati on

RECOMMENDATION

That Council advise the Director of Local Government, Security and Emergency Services,

that its responses to the questions asked in the Discussion Paper titled “Proposed Changes

to Local Government Electoral Arrangements” are as follows:

Question 1 : No

Question 2: Yes

Question 3: No

Question 4: Yes

2012-13 Proposed Electoral Amendments Discussion Paper ATTACHMENT [1]

ITEM 11.4

Proposed Changes to Local Government Electoral Arrangements - No 2 ATTACHMENT [2]

ITEM 11.4


ITEM 12.1

Customers and Community R eports

12.0 CUSTOMERS AND COMMUNITY REPORTS 12.1 Minutes of C ontrolli ng Authoriti es, Wor king Groups and Speci al C ommi ttee M eetings

12.1 MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND

SPECIAL COMMITTEE MEETINGS

File: 27670 D280109

RELEVANT PORTFOLIO Customers and Community



Strategy 5.3.4 Ensure effective administration and operation of Council’s committees

PURPOSE To present the minutes of controlling Authorities, working Groups and Special Committee is

outlined in individual reports.

BACKGROUND The relevant information specific to each controlling Authority, Working Group and Special

Committee is outlined in individual reports.

COMMENTARY The minutes of the following Committee meetings are attached:

Julie Burgess Trust Special Committee (2x)

Maidstone Park Management Controlling Authority

Sister Cities National Conference Working Group

Community Safety Liaison Group

Devonport Oval Special Advisory Committee

Public Art Advisory Committee

Strategic Sport and Recreation Special Committee

Devonport Entertainment and Convention Centre Committee

Don River Railway Special Committee

FINANCIAL IMPLICATIONS The financial implications are outlined in individual reports and all are in accordance with

existing budgets.


CONCLUSION The Controlling Authorities, Working Groups and Special Committees will continue to meet

and provide Council with information and recommendations for community facilities and

services.

ATTACHMENTS

1. Confirmed minutes of the Julie Burgess Trust Special Committee - 21 August

2012 [File: 26965]


ITEM 12.1

2. Unconfirmed minutes of the Julie Burgess Trust Special Committee - 18

September 2012 [File: 26965]

3. Unconfirmed minutes of the Maidstone Park Management Controlling

Authority - 21 August 2012 [File: 26588]

4. Unconfirmed minutes of the Sister Cities National Conference Working Group -

20 September 2012 [File: 26958]

5. Unconfirmed minutes of the Community Safety Liaison Group - 6 September

2012 [File: 26330]

6. Unconfirmed minutes of the Devonport Oval Special Advisory Committee - 18


7. Unconfirmed minutes of the Public Art Advisory Committee - 26 September

2012 [File: 27314]

8. Unconfirmed minutes of the Strategic Sport and Recreation Special

Committee - 21 September 2012 [File: 18182]

9. Unconfirmed minutes of the Devonport Entertainment and Convention

Centre Committee - 25 September 2012 [File: 25901]

10. Unconfirmed minutes of the Don River Railway Special Committee - 27


Recommendati on

RECOMMENDATION

That the Combined Minutes of Controlling Authorities, Working Groups and Special

Committees be received and noted.

Confirmed minutes of the Julie Burgess Trust Special Committee - 21 August

2012 [File: 26965]

ATTACHMENT [1]

ITEM 12.1

MINUTES OF THE JULIE BURGESS TRUST SPECIAL COMMITTEE

HELD AT THE DEVONPORT CITY INTERNAL MEETING ROOM

ON TUESDAY 21 AUGUST 2012 COMMENCING AT 5PM

PRESENT

Committee Members

Ald Grant Goodwin Devonport City Council

Ian Martin Community Member

Tim Gott Community Member

Council Officers

Margaret Griggs Project Officer

Lester Jackson Community Partnerships Manager (CPM)

APOLOGIES

Ald Graham Kent Devonport City Council

David Kent Community Member

Peter Higgins Chairman

Evonne Ewins Assistant General Manager Customers and Community

(AGMCC)

1.0 CONFIRMATION OF MINUTES

The Committee recommends to Council that the previous minutes of the meeting

held 17 July 2012 be received and noted.

I. Martin/ G Goodwin CARRIED

2.0 BUSINESS ARISING FROM PREVIOUS MINUTES

2.1 Booklet – contacts

T. Gott reported that Tas Maps had provided a much clearer map. Final editing

is being completed. Still pursuing an electronic copy of one particular photo.

3.0 GENERAL BUSINESS

3.1 Conservation

No progress to report.

3.2 Restoration Plan

a) Fit Out. Working on galley/ toilets and bathrooms and resolving tank

problems.

b) Ballast. Ballast is being moved around as the galley area is sealed off. There

will be more ballast required for trimming.

c) Electrics. Nominally finished except for galley area. Rand Electronics have

provided the plans as requested.

d) Maintenance Schedule. No progress to report.

e) Operations Manual. No Progress to report.

f) Survey Requirements. Aiming for final survey in early November.

3.3 Marketing Strategy/Business Plan

3.3.1 Jaffa Interpretation/ Groupwork Pty Ltd

The CPM advised that this is an ongoing process. A meeting has been

scheduled this week to get an idea of opening date.


2012 [File: 26965]

ATTACHMENT [1]

ITEM 12.1

3.4 Julie Burgess Project Coordination

3.4.1 Financials

Final payment has been received from DEEWR. Last of capital funds will

cover Rand Electronics and the tanks. Letter has been sent regarding the

invoice that is in dispute with local contractor. Operational budget for

2012/13 for July was tabled.

3.4.2 Crew

Next session at the Australian Maritime College will be held September 11

with 5 volunteers attending.

Action: Project Officer and I. Martin to schedule a crew meeting.

3.4.3 Volunteers

4 inductions were held in July. Long term work experience participant Ken

Williams is moving away. I. Martin on behalf of the committee presented

Ken with a cap, polo shirt and stubby holder and thanked him for his

contribution.

3.4.4 Employment Strategies

Opportunity with Fairbrother at the construction site was not taken up by

any JSA despite a number of calls and emails.

3.4.5 Pontoon

I. Martin still to contact Gordon Angilley re replacement price. I. Martin will

look for an extension on the conditions listed on the approval

documentation. Documentation has been completed and pontoon now

an asset of Council.

3.4.6 Partnership with Maritime Museum

Waiting for vessel to be completed for formal transition to occur.

3.4.7 Incorporation


3.4.8 Publicity

a) General:

Update on radio this week.

Inquiries and comments continue to come through the Website.

Interview has been done for the Mercury but yet to be published.

b) Documentary:


3.4.9 Website

Number of hits has been down of late.

3.4.10 Support/ Thank you Letters

Letter to go to Rand Electronics in recognition of his contribution to the

project.

3.4.11 History



2012 [File: 26965]

ATTACHMENT [1]

ITEM 12.1

3.4.12 Other Funding


3.4.13 Funding Agreement Milestones

Final payment received. Need to now look at acquittal.

4.0 OTHER BUSINESS

4.1 Australian Wooden Boat Festival (AWBF)

Alma Doepel now have their own booth so no longer requesting to share.

Decision made to sell merchandise from marquee rather than the ketch to save

congestion. Council events have decided not to go ahead with promotion at

the AWBF. Promotion will focus on the Julie Burgess and the Bass Strait Maritime

Centre.

4.2 Birthday Activity 11 August Report

Great feedback received as per email received and circulated. Risk

assessment completed and learning from the event will help put structure

around future events.

4.3 Enterprize/Alma Doepel/Polly Woodside Notes from Melbourne

Notes Circulated. Excellent networking.

4.4 Senator Visit

Arranged for September 3 at 10am. Tight timeframe.

4.5 Sustainable Communities Judging

Arranged for 5 September. Judges will visit Julie Burgess.

4.6 Disability Access Assessment

Arranging for an assessment to be completed. Prudent to wait for assessment

before progressing with the ramp from the pontoon to the ketch

4.7 Bass Strait Maritime Centre Interpretation and Exhibition Plans

The CPM advised that he is hoping to have Lindsay Kelly present his plans to a

combined meeting of the Julie Burgess Trust Special Committee and the

Devonport Maritime & Heritage Authority.

5.0 AGENDA ITEMS FOR NEXT MEETING

Nil

6.0 NEXT MEETING

Has been deferred to Tuesday 18 September at 5pm at the Devonport City Council

Internal Meeting Room.

Meeting closed at 6.30pm.

Unconfirmed minutes of the Julie Burgess Trust Special Committee - 18


ATTACHMENT [2]

ITEM 12.1

MINUTES OF THE JULIE BURGESS TRUST SPECIAL COMMITTEE

HELD AT THE DEVONPORT CITY INTERNAL MEETING ROOM

ON TUESDAY 18 SEPTEMBER 2012 COMMENCING AT 5PM

PRESENT

Committee Members

Ald Graham Kent Devonport City Council

Ian Martin Community Member

Tim Gott Community Member

Peter Higgins Chairman

Council Officers

Margaret Griggs Project Officer


APOLOGIES

Ald Grant Goodwin Devonport City Council

David Kent Community Member



held 17 July 2012 be received and noted.

I.Martin/G. Kent CARRIED


2.1 Booklet – contacts.

T. Gott advised that editing has been finalised. The final mock-up is due

Thursday 20 September and will be forwarded to Devonport City Council and

Committee members for approval prior to going to print.


3.1 Conservation.


3.2 Restoration Plan.

a) Fit Out. All will be completed by end November.

b) Ballast. Still sourcing additional lead.

c) Electrics. Minor work still to be completed.

d) Maintenance Schedule. Still to be done.

e) Operations Manual. Still progressing.

f) Survey Requirements. Will be met by end November.

3.3 Marketing Strategy/Business Plan

3.3.1 Jaffa Interpretation/ Groupwork Pty. Ltd.

The CPM advised that L. Kelly of JAFFA will present exhibition plans to a

combined meeting of the Devonport Maritime & Heritage Authority and

the Julie Burgess Trust Special Committee Wednesday 19 September at

3pm.



ATTACHMENT [2]

ITEM 12.1

3.4 Julie Burgess Project Coordination

3.4.1 Financials.

Financial report tabled.

3.4.2 Crew.

5 people completed Elements of Shipboard Safety with the Australian

Maritime College last week.

Action: Project Officer to check dates for next course.

Plan to bring all potential volunteer crew together for a meeting has not

eventuated. P. Higgins will arrange a meeting for September 30.

Action: P. Higgins to prepare and circulate information to all potential

crew members for the first general training session on September 30.

Action: Project Officer to provide a list of contacts.

3.4.3 Volunteers.

Project Officer stressed that it is important to keep our volunteers informed

and include those that were involved previously and those who wish to be

involved going forward.

3.4.4 Employment Strategies.

Project Officer noted that it is always important to keep identifying

opportunities.

3.4.5 Pontoon.

I. Martin advised that G. Angilley is still to provide replacement cost for

pontoon. I. Martin liaising with G. Angilley regarding the supporting

structure. Six month time frame finishes in September.

3.4.6 Publicity.

a) General:

Newsletter distributed in September.

Senator Team trip on the Julie Burgess. Photo/article in the

Advocate 4 September 2012.

General three page feature on the Julie Burgess in the Mercury 1

September 2012.

b) Documentary:

The AGMCC looking for sponsorship/ grant.

3.4.7 Website.

Project Officer advised that the Julie Burgess website will be updated in

line with development of Bass Strait Maritime Centre website.

3.4.8 Support/ Thank you Letters.

A thank you letter to be sent to Sup-ply for continued support.

3.4.9 History.


3.4.10 Other Funding.

Donation received from visitor to the Julie Burgess. I. Martin suggested

that a folder of information to hand out to visitors would be useful.



ATTACHMENT [2]

ITEM 12.1

3.4.11 Funding Agreement Milestones.

Acquittal process now to be progressed.

4.0 OTHER BUSINESS

4.1 Australian Wooden Boat Festival (AWBF).

Project Officer attended August meeting and berth for the Julie Burgess has

been changed which will cause some issues. G. Kent will discuss with Ross

Barnett when in Hobart in October.

4.2 Disability Access Assessment.

Michael Small Consulting has conducted an inspection and will be forwarding

a report.

4.3 Ulverstone Wharf Development Celebrations.

K. Gillard of Central Coast Council confirmed that the celebrations will be held

on November 17. Official opening at 4pm. High tide is at 2.45pm. Availability will

depend on slipping dates.

Action: G. Kent to check slipping dates.

4.4 Thank You.

G. Kent thanked I. Martin for his coordination role over the last few months while

he and the Chairman have been away.

5.0 AGENDA ITEMS FOR NEXT MEETING

Nil

6.0 NEXT MEETING

Tuesday 9 October at 5pm at the Devonport City Council Internal Meeting Room.

Meeting closed at 6.50pm.

Unconfirmed minutes of the Maidstone Park Management

Controlling Authority - 21 August 2012 [File: 26588]

ATTACHMENT [3]

ITEM 12.1

Meeting Minutes

Date- 21/8/2012

Present-

R. Dewis, L. Baulch, T. Lunson, P. Foley, J. Baldock, E. Woolley, M.

Campbell, G. Mayne, J. Baldock, P. Noble, B. Bowden, F. Pizzirani,

E. Van Overmeeren, V. Quinn, P. Loone, B. Mace, A. Geddes, L. Titmus,

Alderman A. Rockliff, J. Bingham, G. Febey, I. Moore, Alderman S.

Martin.

Apologies

H. Koerner, G, Foster, J. Dewis, K. Donaghy

Minutes

A. Geddes / J. Bingham

Business Arising From Minutes

Lease arrangement for user groups is in hand

The bollards missing from the hall have been recovered

No seating is planned for BMX area

Signage for public toilets is being undertaken

Correspondence

G. Mayne / Alderman A. Rockliff

Business Arising From Correspondence

Nil

Financial Report

Bank Balance as at 31/7/2012 $11030.86

Income $1446.55

Expenditure $2260.19



ATTACHMENT [3]

ITEM 12.1

Accounts For Payment

Bond refund:

Mali $70.00

Lillico $70.00

Weeks $70.00

Clark $70.00

Hutchins $70.00

Luzette Florists (Cornick family) $60.00

Lockworx Tas (Kiosk lock change) $172.50

Petty Cash (Stationary) $35.90

V. Quinn / I. Moore

General Business

E. Van Overmeeren:

Ted requested a minute in recognition for the passing of Elvin Cornick.

Ted thanked Kyle Lunson for the quick action in repairs undertaken at the

cottage.

Ted informed the meeting that trees have been planted beside the

scoreboard and toilets between No1 & No2 oval. he also reported that the

bollards have been erected around the memorial garden.

Ted reported that the football club change rooms interior would be

painted. This would be undertaken by the Devonport Council providing

the materials and S. Ryan from the football club providing free labour.

Jamie Baldock was asked if he could approach S. Ryan to provide the

same service for the painting of the visitors change rooms.

Ted advised that the 45 year reunion would be held on the 21st of

October 2012, in the memorial hall. The City of Devonport Lions Club

will cater for the event.

Ted reported that he had met with representatives from the Glenorchy

City Council who wanted to observe how Maidstone Park functioned as a

controlling authority. They were impressed with how things operate and

were provided with a history of the MPMCA..

Ted opened up discussion regarding the utilisation of one parcel of land

located near the refuse centre to erect a multi purpose storage shed for use

by the Mersey valley Lions Club, Devonport North Rotary Club,

Devonport Lapidary Society and the Orchid Society. Maps of the

suggested site were distributed to committee members. This option was a



ATTACHMENT [3]

ITEM 12.1

fully supported by the Devonport city Council at all levels. It was felt that

it was preferable to not have storage sheds and workstations scattered

around the Maidstone Park complex. However, the land in question is

currently crown land and it would require this land to be allocated to the

Devonport Council. This process would take time to complete. It was

agreed that representatives from the four organisations would meet on site

with representatives from the council and Maidstone Park. The meeting

time was set down for Wednesday 6th September.

In response to this proposal Alan Geddes said on behalf of the orchid

Society they supported the concept, however, he had concerns as to the

associated costs involved and whether the Orchid Society could afford

capital outlay.

J. Baldock:

Jamie said he was pleased with the money allocated by council for the

upgrade and maintenance of Maidstone Park

Alderman S. Martin:

Alderman Martin requested that recognition be given to Fab Pizzirani and

Stuart Jones for the work they have done in helping MPMCA to achieve

positive outcomes for the complex. This sentiment was endorsed by

Alderman Rockliff.

A. Geddes:

Alan informed the meeting that the Orchid Society were looking into

installing a PA system in the Memorial Hall. He asked if MPMCA would

contribute funds towards the installation. It was decided that MPMCA

would look further into the matter.

J. Bingham:

Jeff asked about the time line for the maintenance of No1 Oval to begin

immediately following the football finals series. He added that he was

pleased with the u[upgrade and how it would improve the playing

surface.

Jeff had concerns that using dirt from the No1 oval to fill a hole on the

No2 Oval would impact on the ability to play cricket matches on the No2

Oval. He was told that No2 Oval would still be available for matches.

Meeting Closed 8.10pm

Next Meeting: Tuesday 16th October, 7.30pm

Unconfirmed minutes of the Sister Cities National Conference Working Group

- 20 September 2012 [File: 26958]

ATTACHMENT [4]

ITEM 12.1

MINUTES OF THE SISTER CITIES NATIONAL CONFERENCE WORKING GROUP

HELD IN THE COUNCIL CHAMBERS

ON 20 SEPTEMBER 2012 COMMENCING AT 10.00AM

PRESENT

Committee Members

Ald Peter Hollister Chair

Ald Annette Rockliff

Ald Bill Wilson

Alida Beattie Devonport Sister Cities Association

Joan Andrews Devonport Sister Cities Association

Lillian Hay Devonport Sister Cities Association

Council Officers

Carol Bryant Sustainable Communities Manager

Tracey Bruce Marketing & Tourism Coordinator

Damian Collins Community Development Officer

Sarah Masters Community Services Administration Officer

APOLOGIES

Nil


The Committee recommends to Council that the previous minutes of the Devonport

Sister City Special Committee meeting, held 8 June 2012 be received and noted.

J. Andrews/Ald Rockliff CARRIED


Nil


3.1 Sponsorship

Two responses for sponsorship requests have been received. Latrobe Council

has agreed to a 10% discount on the Camp Banksia. The Japan Local

Government Centre (CLAIR Sydney) has offered sponsorship totaling $6,500.

Three full adult registrations will need to be taken out of this amount.

3.2 School Involvement

Alida Beattie reported that the Sister City Association 360 drawings for

placements from Shoko in Minamata. Rosemarie Baker has gone through all

these artworks and also artworks from local children. The best artwork will be

used for placements for the gala dinner. All remaining artwork (together with

copies of the best pieces) will be placed in a display folder for local schools to

view. There will also be a display of the artwork and the Sister Cities Banner at

the Devonport Library. Council’s Marketing and Tourism Coordinator also

suggested that the pictures could be used on lanterns for the New Years Eve

Festival. Some artwork could also be displayed at conference venues. Alida

Beattie will ask Rimiko to translate names on the artworks.

3.3 Program Update

Council’s Sustainable Communities Manager ran through the Adult and Youth

Programs. All committee members were happy with the progress.

Unconfirmed minutes of the Sister Cities National Conference Working Group

- 20 September 2012 [File: 26958]

ATTACHMENT [4]

ITEM 12.1

Council’s Marketing and Tourism Coordinator explained the food and

entertainment program. Again all committee members happy with venue and

entertainment ideas.

Ald Wilson suggested Lindsay Kelly from Jaffa be approached as a possible

speaker.

Early Bird Registrations close tomorrow. The Early Bird Prizewinner will be drawn

and notified early next week.

Action:

Council’s Sustainable Communities Manager, Community Development

Officer and Marketing and Tourism Coordinator to work further on the

program.

3.4 Registrations

There are currently 22 adult delegates and 4 youth delegates registered. More

registrations should be received once the program is finalised.

Action:

Council’s Sustainable Communities Manager to follow up registrations for

Ald Hollister and Ald Rockliff.

3.5 Merchandise

It was agreed that A5 compendiums and lanyards including a USB stick will be

purchased for the delegates. These will be ordered in the first week of October.

There is a possibility of a “Welcome Pack” being placed in delegates’ hotel

rooms to include the merchandise and also information about Devonport.

Merchandise will also be sourced for the youth delegates.

Action:

Council’s Community Services Administration Officer to work further on

merchandise.

4.0 OTHER BUSINESS

Nil

5.0 NEXT MEETING

To be advised.

Meeting closed at 10.55am.

Unconfirmed minutes of the Community Safety Liaison Group - 6 September

2012 [File: 26330]

ATTACHMENT [5]

ITEM 12.1

MINUTES OF THE COMMUNITY SAFETY LIAISON GROUP

HELD IN THE COUNCIL COMMITTEE ROOMS

ON THURSDAY 6 SEPTEMBER 2012 COMMENCING AT 3.30PM

PRESENT

Committee Members

Mayor Steve Martin Chair

Ald Alison Jarman

Kate Beer Devonport Community House

Rod Stagg R&J Publishing

Rachel Coulson DIER

Paul Hill Tas Fire

Sgt Pendlebury Tas Police

Council Officers


Charmane Sheehan Community Development Officer (CDO)

Karen Stone Risk Management Coordinator (RMC)

Sarah Masters Community Services Administration Officer (CSAO)

APOLOGIES

Ald Lynn Laycock

Ald Justine Keay

Carol Bryant Sustainable Communities Manager (SCM)

Inspector Adrian Shadbolt Tas Police

Sgt Debbie Williams Tas Police

Toni Muir St Vincent de Paul

INTRODUCTION

Mayor Steve Martin welcomed Geoff Frier, Project Manager, Community Road Safety

Partnerships (CRSP) Program.

1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the minutes of the meeting held 5 July

2012 be received and noted.

Ald Jarman/K. Beer CARRIED

2.0 REPORT ON ITEMS FROM PREVIOUS MINUTES

2.1 Community Safety Handbook

A couple of meetings have taken place to discuss the information to be

contained in the handbook. Council records have been researched to obtain

any relevant information. CPM will contact Tas Police and Tas Fire to discuss

information that they can provide for the handbook. A draft booklet will be

handed out at the next meeting.

Action:

CPM to talk to Tas Police and Tas Fire.

2.2 Steele Street Crossing from Health Centre

CPM will discuss with Julie Milne and Tony Brown the possibility of a sign in the

health centre.

Action:

CPM to talk to Julie Milne and Tony Brown.


2012 [File: 26330]

ATTACHMENT [5]

ITEM 12.1

2.3 Traffic Committee Issues

Stewart and Fenton Streets

Proposed works to raise intersection.

Warning Signs on Forth Road

This is more of a policing issue. Council’s Health Department have

Memorandums of Understanding with various rural groups. Letters will be

written to the groups to ask them to inform members of the danger of red

mud on the roads. Any complaints regarding mud on roads should be

directed to Council’s Environmental Health Coordinator.

3.0 FURTHER BUSINESS ARISING FROM PREVIOUS MINUTES

3.1 Island on Williams Street

Ald Jarman asked the status of the island outside Chicken Treat on William

Street. A report will be going up to Council regarding this.

4.0 REPORTS

4.1 Liquor Accord

Nil.

4.2 CCTV

All cameras are now installed. Aurora have now completed connecting power

for the cameras. There is one issue with relocating of relays. This is a simple

delay and should be rectified in the next few weeks.

Action:

CPM to email list of working cameras to Sgt Pendlebury.

4.3 Risk

Ald Jarman raised an incident which occurred outside the shops on Berrigan

Road, Miandetta. There is an island in place to restrict people from overtaking

on the wrong side of the road. The incident was with a motorist being impatient

and overtaking stationary vehicles by crossing to the other side of the road

around the island. This matter will be forwarded to the Traffic Committee.

4.4 Agreed Items for Traffic Committee

The following items are to be taken to the Traffic Committee for consideration:

Outside the shops on Berrigan Road, Miandetta. There is an island in

place to restrict people from overtaking on the wrong side of the road.

There was an incident with a motorist being impatient and overtaking

stationary vehicles by crossing to the other side of the road around the

island.

People have been seen turning right out of Harvey Norman into Fenton

Way.

Pedestrian refuge in William Street. More pedestrian education is needed.

Possibility of lowering speed limiting through the Fourways.

At the bottom of Jiloa Way where the road curves into the end vehicles

sometimes come down the hill and cut the corner and are on the wrong

side of the road. Could white lines be put in the centre of the road.

Right turns are allowed onto William Street from all business except for the

car wash.

Possibility of lowering speed limit in Stewart Street.


2012 [File: 26330]

ATTACHMENT [5]

ITEM 12.1

5.0 FURTHER REPORTS FROM MEMBERS

5.1 The Zone

Council’s Community Development Officer reported on the anti-vandalism

program currently being run in the primary schools. Nixon Street Primary School

have fully embraced this program with 200 plus students signing an agreement,

with their parents also signing, that they would not vandalise their school and

community. When an agreement is signed and returned the student receives a

wristband which reads “Vandalising Our School Just Isn’t Cool”. A competition

was run to find a poster for the program. 300 entries were received. Nixon

Street also gave a 2½ minute presentation to the Keep Australia Beautiful

Judges. The Judges were very impressed. Some students also attended the

Keep Australia Beautiful Civic Reception at Council.


CPM reported that 4 new roundabouts will be constructed. They are:

David and John Streets at East Devonport;

Wright and Thomas Streets at East Devonport;

Nicholls and Gunn Streets in Devonport;

Best and Sorell Streets in Devonport.

These roundabouts are fully funded to the sum of $900,000 by the Federal

Government’s Black Spot Program.

CPM handed out copies of the Council’s new Devonport Service Guide. If you

would like copies please contact Sarah.

7.0 GUEST SPEAKER

Geoff Frier – Project Manager, Community Road Safety Partnerships (CRSP) Program.

In 2003 the Department of Infrastructure Energy and Resources introduced the CRSP

program to 12 local government authorities, by 2011 the successful program had

been adopted by all Tasmanian municipalities. Devonport commenced

involvement in 2008. Geoff is responsible for the strategic management of projects

across the state, ensuring their quality and consistency against the focus areas set

down within the Tasmanian Road Safety Strategy Plan.

DIER recently engaged in a process of state-wide consultation with CRSP

stakeholders aimed at renewing and revitalising the strategic direction of established

partnerships. The feedback received from stakeholder workshops was highly positive

and provided the opportunity to present to the community safety groups and

committees involved with the road safety partnerships at ground level.

Geoff discussed the key objectives and vision of the program. He outlined the key

road safety focus areas for Tasmanian communities and highlighted ways in which a

CRSP approach can benefit the Devonport municipality. A copy of Geoff’s

Powerpoint presentation is attached to these minutes.

CPM asked for suggestions for future guest speakers.

8.0 NEXT MEETING

Thursday 1 November commencing at 3.30pm

Meeting closed: 4.55pm


2012 [File: 26330]

ATTACHMENT [5]

ITEM 12.1

Unconfirmed minutes of the Devonport Oval Special Advisory Committee -


ATTACHMENT [6]

ITEM 12.1

MINUTES OF THE DEVONPORT OVAL SPECIAL ADVISORY COMMITTEE

HELD AT THE DEVONPORT OVAL

ON TUESDAY 18 SEPTEMBER 2012 COMMENCING AT 5.00PM

PRESENT

Committee Members

Ald Lynn Laycock Chair

Ald Warren Squibb

Ald Leon Perry

Mike Kelly Devonport Cricket Club

Mark Fagan Devonport Football Club

Council Officers

Fabio Pizzirani Sport & Recreation Coordinator (SRC)

Peter Tuson Operations Coordinator (OC)


APOLOGIES

David Mullett Devonport Cricket Club

Raelene Smith Mersey Valley Devonport Cycling Club

Kylie Lunson Operations Manager (OM)

Geoff Rootes Devonport Athletic Club


Minutes to be confirmed at the next meeting.


Nil

3.0 CLUB REPORTS

Nil


4.1 Tour of Oval

Peter Tuson conducted a tour of the Oval. The following points were raised:

The second spraying was conducted over the weekend by DCC staff. This

all went well and took effect over Monday and Tuesday.

First task this week is to complete the loam top dressing on the outer

edges of the Oval. This is 90% complete but will have further loam added

and then be final trimmed.

Over-seeding to the oval proper will take place following this. This shall be

two passes at 250-300kg/ha. Following over seeding the playing surfaced

will be rolled with the DCC roller. This shall close the seed hole to ensure

excellent soil seed contact and then this will result in excellent seed

germination.

Sand top dressing to follow seeding, which this being matted off when

completed. There is 350m³ to apply on-site, should more be needed DCC

can apply as necessary.

Unconfirmed minutes of the Devonport Oval Special Advisory Committee -


ATTACHMENT [6]

ITEM 12.1

Starter fertiliser (phosphorous) should be applied. This available

phosphorous will indeed kick start the new seed when it comes through.

4.2 Scoreboard

The scoreboard is currently being manufactured.

4.3 Devonport Football Club Change Rooms

Mark Fagan took the Committee on a tour of the home and away change

rooms to show the improvements that they have undertaken.

4.4 Tea Rooms

The tea rooms (under the grandstand) are currently unable to be fully utilised as

the Health Department has placed restrictions due to the lack of facilities in the

kitchen for cooking of hot food. The area can only be used for food

preparation (cold food). This area is available to all clubs for use. Ald Squibb

asked Mark Fagan to investigate the cost of upgrading the facility to meet

health regulations.

Action:

Mark Fagan to obtain quotes for upgrading the tea rooms to meet health

requirements.

Peter Tuson to investigate power requirements.

4.5 Mersey Valley Devonport Cycling Club

The following information was received via email.

“Come and Try” sessions – the club has commenced negotiations with Latrobe

Council regarding the availability and suitability of the Latrobe track to

conduct these sessions until the Devonport Oval becomes available. The club

has planned to commence evening track racing on November 6.

Action:

SRC confirmed that the earliest date available would be 6 November and

this date is weather dependant.

The SRC also advised that cyclist are not permitted on the grassed area

and that there will be no barriers around the track.

5.0 NEXT MEETING

Tuesday, 20 November 2012.


Unconfirmed minutes of the Public Art Advisory Committee - 26 September

2012 [File: 27314]

ATTACHMENT [7]

ITEM 12.1

MINUTES OF THE PUBLIC ART ADVISORY COMMITTEE

HELD IN THE DEVONPORT CITY COUNCIL COMMITTEE ROOMS

ON WEDNESDAY 26 SEPTEMBER 2012 COMMENCING AT 4.00PM

PRESENT

Committee Members

Ald Justine Keay Chair

Ald Alison Jarman

Ald Lynn Laycock

Pat Kent

Vivienne Breheney

Council Officers

Carol Bryant Sustainable Communities Manager

Ellie Ray Gallery Director


APOLOGIES

Nil


The Committee recommends to Council that the previous minutes of the meetings

held on 4 July 2012 and 15 August 2012 be received and noted.

V. Breheney/P. Kent CARRIED

2.0 BUSINESS ARISING

2.1 Griffiths Slipway

More information was obtained regarding the Griffiths Slipway plaque.

2.2 Percent for Art Levy

Council’s Sustainable Communities Manager presented information on percent

for art levies imposed by other Council’s in Australia. The Committee agreed

that a percent for art levy should be applied to Council major infrastructure

projects. Further information is to be researched regarding application of a

levy to private development applications. The Committee agreed that

percent for art should be work shopped with elected members prior to the next

meeting.


3.1 Public Art Register

Vertex restoration specifications have now been added to the register.

3.2 Policy Review

The Committee continued reviewing the 2009 Public Art Policy, and progressed

to the end of the document. Amendments agreed on are to be integrated

into the document and distributed prior to the next meeting. Reference to the

Public Art Register is to be included in the policy.

Action:

Council Officers to research copyright for public art and current good

practice related to de-accessioning public art.

Unconfirmed minutes of the Public Art Advisory Committee - 26 September

2012 [File: 27314]

ATTACHMENT [7]

ITEM 12.1

4.0 OTHER BUSINESS

4.1 Spirit of the Sea

Council’s Sustainable Communities Manager to research maintenance costs of

the Spirit of the Sea, i.e. lighting and water costs.

4.2 Promotion of Public Art

The Committee agreed that there needs to be more promotion through social

media and Council’s website in regards to public art in Devonport.

5.0 NEXT MEETING

Wednesday, 21 November 2012 at 4.00pm.


Unconfirmed minutes of the Strategic Sport and Recreation Special


ATTACHMENT [8]

ITEM 12.1

MINUTES OF THE STRATEGIC SPORT & RECREATION SPECIAL COMMITTEE

HELD IN THE COUNCIL COMMITTEE ROOMS

ON 21 SEPTEMBER 2012 COMMENCING AT 5.30PM

PRESENT

Committee Members

Mayor Steve Martin Chair


Ald Graham Kent

David Mullett

Ian Davies

Mark Fagan

Ted Van Overmeeren

Tim Blair

Matthew Cock

Council Officers

Stuart Jones Marketing, Tourism and Recreation Manager (MTRM)

Fabio Pizzirani Sport & Recreation Development Coordinator (SRDC)


APOLOGIES

Evonne Ewins Assistant General Manager, Customers & Community

WELCOME AND INTRODUCTION OF COMMITTEE MEMBERS

The Mayor welcomed everyone to the first meeting of the Strategic Sport &

Recreation Special Committee. All Committee Members introduced themselves.

Council’s Marketing, Tourism and Recreation Manager outlined the Committee’s

role and the reason the Committee was formed.

1.0 TERMS OF REFERENCE

The draft Terms of Reference were tabled and discussed. Changes will be made

and a new draft will be emailed out to all Committee Members.

Actions

Amended draft Terms of Reference to be emailed to all Committee Members

for endorsement by the Committee at the next meeting.

2.0 MEETING FREQUENCY

It was agreed that meetings will be held bi-monthly.

Actions

Calendar of future Meeting Dates to be emailed to all Committee

Members.

3.0 SPORTING PRECINCTS

Council’s Marketing, Tourism and Recreation Manager gave an overview of

the sporting precinct master plans for Devonport Recreation Centre,

Devonport Oval and Maidstone Park. These were discussed by the

Committee Members. The following points were raised:



ATTACHMENT [8]

ITEM 12.1

Possibility for sporting groups to share facilities better than they do now. .

Whether the sporting precinct conceptual plans took into consideration

guidelines for population growth, and if the sporting precincts had the

space for further growth and development

Whether additional capacity for participation would come as a result of

spending money on new sporting facilities.

The Mayor commented that more information will unfold as the Committee

meets regularly and suggested that all Committee Members communicate

via email between meetings so that decisions are able to be made at future

meetings.

[Tim Blair left meeting at 6pm]

4.0 LONG TERM FINANCIAL PLAN

The Long Term Financial Plan is taken from Council’s Annual Plan. This looks at

the forecast for the next 10 years. The Mayor made the point that if the

Committee decides on a certain precinct for improvements then there are

other factors which need to be taken into consideration, ie road upgrades

etc. There are many other underlying factors.

5.0 CAPITAL WORKS PROJECTS 12-13

SRC gave a brief outline on the current 2012-2013 Capital Works Program and

also discussed the Capital Works Timetable for the 2013-2014 year.

6.0 SERVICE REVIEWS RECREATION

MTRM explained that Council will undertake a Service Review of Recreation.

The purpose of the review is to analyses opportunities for improvements in the

service delivery of recreation to the community.

7.0 WHAT IMPACTS ON SPORT, RECREATION AND LEISURE IN DEVONPORT.

The following points were raised as impacting on sport, recreation and leisure

in Devonport:

Regional;

Population growth;

Aging population;

Weather/climate;

Infrastructure;

Employment;

Business opportunities;

Funding;

Peak body strategic plan;

Affordability/cost to play;

Participation rates;

Public transport;

Cycle ways;

Technology;

Social media;

Volunteers;



ATTACHMENT [8]

ITEM 12.1

History;

New sports/choice.

Ian Davies requested that Council provide more up to date participation

statistics when census information becomes available.

8.0 NEXT MEETING

Wednesday 21 November 2012, at 5.30pm.

9.0 MEETING CLOSED

6.30pm.

Unconfirmed minutes of the Devonport Entertainment and Convention Centre


ATTACHMENT [9]

ITEM 12.1

MINUTES OF THE DEVONPORT ENTERTAINMENT & CONVENTION CENTRE SPECIAL COMMITTEE

HELD IN THE VICTORIA ROOM AT THE DECC

ON TUESDAY 25 SEPTEMBER 2012 COMMENCING AT 4.30PM

PRESENT

Mayor Steve Martin


Ald Alison Jarman

Stuart Jones Marketing, Tourism & Recreation Manager (MTRM)

Debbie Kershaw DECC Manager


APOLOGIES

Matt Groom DECC Theatre Technician


The Committee recommends to Council that the minutes of the meeting held 14 March

2012 be received and noted.

Ald Rockliff/Ald Jarman CARRIED


2.1 Fees and Charges

DECC Manager has investigated the fees and charges of the DECC and have

found them to be in line with Burnie. Council’s Marketing, Tourism & Recreation

Manager commented that the rental for Thai Imperial has been increased in line

with current market rates.


3.1 Capital Items

Two capital items were approved by Council. These are the laneway safety

improvements at a cost of $5,000 and $10,500 for the purchase of requested audio

equipment. Mayor Martin queried whether repairs would be undertaken to the

flytower. DECC Manager advised that these repairs would be taking place in

January/February 2013 as an aerial is being installed on the flytower roof, therefore

it needs to be structurally sound.

3.2 Budget

MTRM reported that the budget for this financial year is on target.

3.3 2013 Program Briefing

DECC Manager presented a Powerpoint presentation of the 2013 Program. The

following shows are scheduled for 2013:

Comedians – 2 March;

360 Allstars (includes 6 workshops). This show is targeted at the youth – March;

Unconfirmed minutes of the Devonport Entertainment and Convention Centre


ATTACHMENT [9]

ITEM 12.1

Showstoppers of London’s West End – 27 April;

Melbourne International Comedy Festival Roadshow – 2 May;

Frankenstein – 7 June ;

Shrewd Brass – 4 July (leads into Devonport Jazz);

It’s My Party (And I’ll Die if I Want To) – 13 July;

Two Grands…Four Hands – 19 July;

Chet Baker, Like Someone in Love – 24 July;

Squaring the Wheel – 20 September (children’s program, possible after show

component);

The 39 Steps – 2 October;

The Spirit of Christmas – 11 December.

3.4 Centenary Court

DECC Manager advised that Centenary Court floor has been resurfaced.

3.5 Promotion of DECC

Ald Jarman asked that any events or shows that are being held at the DECC,

whether they are ticketed by the DECC or not, need to be promoted strongly on

social media such as Facebook.

Action:

MTRM to follow this up with Council’s Communication & Engagement Officer.

3.6 Corporate Seating

MTRM raised the idea of corporate seating. There is a possibility that this could be

accommodated in the room next to the lighting room. This would cater for

approximately 10 people at a premium rate and would include service of drinks

and finger food.

Action:

MTRM to investigate further.

4.0 NEXT MEETING

To be advised


Unconfirmed minutes of the Don River Railway Special Committee - 27


ATTACHMENT [10]

ITEM 12.1

MINUTES OF THE DON RAILWAY SPECIAL COMMITTEE (DRSC)

HELD AT DON RIVER RAILWAY

ON THURSDAY 27 SEPTEMBER 2012 COMMENCING AT 1PM

PRESENT

Committee Members

Ald Lynn Laycock Chairperson

Ald Grant Goodwin

Ald Alison Jarman

Ald Graham Kent

Bill Housego Don River Railway

Darren Lawson Don River Railway

Glen Stewart Don River Railway

Warren Woodberry Don River Railway

Council Officers

Evonne Ewins Assistant General Manager, Customers & Community (AGMCC)

Lester Jackson Community Partnerships Manager

April Nelson Executive Assistant, Customers & Community

Invited

Ian Waller Cradle Coast Authority

APOLOGIES

Nil

1.0 WELCOME AND CHAIRPERSON – ALD LAYCOCK

Ald Laycock welcomed everyone and thanked them for her election as

Chairperson.

Ald Laycock introduced Ian Waller Regional Tourism Development Manager, Central

Coast Council.

Meeting commenced with a return train ride to Coles Beach.



held 16 August 2012 be received and noted.

Moved: A. Jarman/W. Woodberry CARRIED


3.1 An email was distributed outlining the process for assistance by Tasmanian

Community Resources (formerly Mersey NRM).

Actions

Warren Woodberry to draft scope for assistance requested and send to email

address: [email protected]

3.2 The visit by the shadow Liberal Party is to be deferred until the Strategic Plan has

been completed and the Committee has a clear direction.

3.3 Don River Railway are currently reviewing their Strategic Plan. A copy has been

forwarded with the minutes.

mailto:[email protected]



ATTACHMENT [10]

ITEM 12.1

Actions

Forward any feedback on the current Strategic Plan to Warren Woodberry prior to

the next meeting: [email protected]

3.4 CPM advised that he had spoken with volunteers from the Maritime Centre and

Home Hill about volunteer visits. Don River Railway are responsible for their own

volunteers and their induction process.

3.5 Volunteer Tasmania are currently assisting Council with their volunteer processes

and could be of assistance to Don River Railway. This should be at a reduced cost

for a not for profit organization. Local Volunteer Tasmania contacts are:

Amanda Barden, Community Development Officer

[email protected]

6432 4335

Amanda is the support and resource person in the North West for any

general volunteer management enquiries you may have. Amanda also

conducts regular training for volunteer coordinators throughout the year.

Jemima Stagg, Volunteer Engagement Project Officer

[email protected]

6432 4335

Jemima looks after matching up potential volunteers with suitable

volunteer vacancies. She also looks after “Volunteer Connect”, our online

database where organisations can advertise volunteer vacancies online

and free of charge. She would be very happy to talk with you further

about this when you are ready.

3.6 Approval was received for a Community Funds Grant submission. A grant

application for $90k is being completed for submission by10 October 2012.

4.0 BURNIE RAIL CARS

4.1 A submission from Don River Railway together with a letter of support from Council

has been submitted to the Burnie Council for the purchase of the burnt out railcars

for scrap value.

Actions

Warren Woodberry is to forward a copy of the complete submission to Ian Waller for

Ian to investigate progress. [email protected]

5.0 KEY MILESTONES – (TABLE FROM PREVIOUS MINUTES) Description Target Date Comments

Completion of the Strategic Plan December 2012 DRR are reviewing the

2009-2011 Strategic Plan

6.0 REPORT FROM DON RIVER RAILWAY

6.1 Warren Woodberry raised concerns about an email they received dating back to

June 2012. The Chair advised that if Don River Railway wanted to make an official

complaint the correct process is to submit the complaint in writing to Council.

6.2 Current position with Tas Rail discussed.








ATTACHMENT [10]

ITEM 12.1

Actions

Warren Woodberry to provide current copies of the minutes that will establish the

current position with Tas Rail.

CPM to draft a letter to Tas Rail Board advising of current partnership between

Council and Don River Railway.

7.0 TERMS OF REFERENCE

7.1 Draft Terms of Reference were tabled and discussed. The Chair requested that Ian

Waller’s position as Regional Tourism Development Manager, Central Coast Council

be included in the Terms of Reference.

Moved: L. Laycock/D. Lawson CARRIED

Actions

Draft Terms of Reference are attached for endorsement by the committee at the

next meeting.


8.1 Site Orientation

A site orientation to be conducted at the conclusion of the meeting.

8.2 Site Damage

Some site damage after a recent storm to some of the trees and the station roof

lifted. There is damage to a railing outside the front gate.

Actions

Raise an action request for the railing to be repaired.

8.3 Seniors Week

Information distributed on the Devonport Seniors Expo to be held on 27 September.

Actions

Don Railway to contact the Zone to enquire about setting up a volunteer

promotional display

9.0 NEXT MEETING

To be held at Devonport Committee Rooms, Thursday 25 October 2012 at 1pm. Please

advise April prior to the meeting if parking permits are required for the Rooke St carpark.



ITEM 13.1

Technical and Fi nance R eports

13.0 TECHNICAL AND FINANCE REPORTS 13.1 Capital Pr ogress R eport

13.1 CAPITAL PROGRESS REPORT

File: 26405 D279685




Strategy 2.3.1 Provide and maintain roads, bridges, footpaths, bikeways and

carparks at appropriate standards

PURPOSE To inform Council of the progress of the Capital works program for the 2012/13 financial

year.

BACKGROUND The attachment to this report is a summary view of the current status of Council’s Capital

Works projects. The program has been simplified from the previous year and now only

focuses on the progress of the onsite construction works, rather than including all the

aspects which occur before work starts on site (i.e. design, consultation, tendering etc.)

This will allow a clear picture on when physical site construction is planned to start for a

particular project and also provide an indication of actual progress against what was

planned.

COMMENTARY Council has approved a $21,624,107 capital expenditure budget for 2012/13. A detailed

program has been developed to plan when each project will occur. The attachment

indicates the anticipated construction time frames for each project. The current focus is

on planning and design and delivery of projects with a number of projects under

construction or about to commence with tenders awarded and contractors engaged.

Sheffield road works are continuing.

The Maritime Museum construction contract is effectively complete, with work now

focusing on the interruptive and display fit out.

The Aquatic Centre ground work continues with pouring of in-ground piers.

Other works from the current year now complete include Forbes Street Footpath Hazard

Elimination while the Mersey Main road footpath missing link is well underway. Design and

planning are complete for John and Stephen Streets with works to commence soon.

Installation of irrigation at Valley Road soccer ground will be carried out within the month

and the demolition of the 22 Wenvoe Street building will be completed also.

Preliminary contract work for the Devonport Oval Scoreboard installation continues and

planning for a number of facilities projects is coming to completion with works to

commence this month on Devonport Oval projects. Stormwater pit replacement and

outfall risk works are in late stages of design and planning.

The plant, vehicle and IT renewal has commenced and is generally ahead of program.


ITEM 13.1

Two projects on the program, Fenton Street and Stewart Street Intersection Safety

Improvements and Bluff Road Pedestrian Crossing Improvements are identified in the

program as projects funded externally and are subject to external funding allocations.

Indications are that funding for these projects will not be available. Formal advice

confirming this has not been received to date.

A new round of the Federal Government Heavy Vehicle Safety and Productivity Program

has been announced and a submission is being made for additional funding for the Lillico

Road Reconstruction and Widening project. Successful submissions are to be announced

later in the year and the works should commence after grants have been announced. As

a result this project is being deferred to commence early in the New Year.

FINANCIAL IMPLICATIONS It is anticipated that the 2012/13 Capital Works program will be completed within the

allocated budget.

RISK IMPLICATIONS Occupational Health and Safety

Projects within the capital program include activities designated as High Risk under

the model Work Health and Safety Regulations Part 6.1, R291. Hazard identification,

risk assessment and development of safe systems of work are required to be carried

out on all projects.

Assets, Property and Infrastructure

The program delivery is essential to mitigation of the identified risks associated with

asset renewal strategies.

Contractual/Legal

Contract management of consultants and contractors is carried out in accordance

with developed policy, procedures and the Code for Tenders and Contracts.

Financial

Capital works program expenditure is reviewed monthly with projections of

expenditure provided for minimisation of financial risk.

Information Technology

The Capital Program includes renewals for IT assets minimising the risk of redundancy

and system failure.

Natural Hazards

Natural Hazards are identified and engineering solutions to minimise the associated

risks are included in project development. Frequently considered natural hazards

include flooding from occasional excessive rainfall events.

Professional Indemnity/Public Liability

Contracts for consulting and contracting include clauses to mitigate risks.

CONCLUSION The 2012/13 Capital works program is progressing generally in accordance with the

developed program.

ATTACHMENTS

1. Capital Program 12/13


ITEM 13.1

Recommendati on

RECOMMENDATION

That the progress report on the 2012/13 Capital Works Program be noted.

Capital Program 12/13 ATTACHMENT [1]

ITEM 13.1


ITEM 13.2

13.2 Art Storag e Facility R acki ng - Tender Repor t

13.2 ART STORAGE FACILITY RACKING - TENDER REPORT

File: 27730 D279776




Strategy 2.3.3 Provide and maintain Council buildings, facilities and amenities

PURPOSE To award a contract for the design and construction of art storage racking to be used in

Council’s Art Storage facility located at the 44 Lawrence Drive Devonport.

BACKGROUND The Devonport City Council has recently constructed a specialist facility in Lawrence Drive

for the storage and handling of art works from the City’s Permanent Art Collection,

managed by the Devonport Regional Gallery. A racking system is a standard component

for professional art storage operations and assists in efficient and safe storage and retrieval

of art work/paintings. A racking system also protects against accidental damage and

mitigates OH&S issues associated with handling artwork.

In September 2012 a Design and Construct Tender was advertised for the construction

and installation of a storage system for paintings which included the following items and

activities:

Design- including construction drawing, engineering and as constructed drawings

Freight and delivery

Installation of racking system

Sub-trades

Relocation of existing fittings if required

Specify load limits

Maintenance schedule

COMMENTARY

The Tender period commenced on Saturday 1 September 2012 and closed Tuesday 25

September 2012.

At tender closing time one (1) tender was received:

CONTRACTOR TENDER SUM

Brownbuilt Pty Ltd $124,500

Costs shown are exclusive of GST

The Tender rates and options have been evaluated and reviewed by the Tender review

panel in accordance with Councils Code for Tenders and Contracts and the Tender

selection criteria. Clarification has been sought from the tenderer to ensure inclusions and

exclusions are clearly understood.

The tender review panel has determined Brownbuilt Pty Ltd has met all specific criteria

within the Tender and is likely to provide good value for money.


ITEM 13.2

Brownbuilt Pty Ltd has previously supplier art raking and storage systems to the Tasmanian

Museum and Art Gallery in Rosny and MONA located in Moonah.

FINANCIAL IMPLICATIONS Council’s 2012/2013 approved capital budget allocation in for this project is $148,000.

A summary of expenditure based on acceptance of the Tender is as follows:

Tendered construction sum $ 124,500

Project contingency $ 10,000

Total capital expenditure excluding GST $134,500

The above costs are based on the project being fully funded by Council.


Manual handling has been considered throughout this process and the final design

will incorporate easy to use single person operation of the sliding racks.


The art racking system is considered to be a sound investment ensuring the long term

security of Council’s valuable and irreplaceable art collection.

Contractual/Legal



Financial

The tender amount is within the budgeted allowance and is unlikely to impose

additional or unexpected financial risk to Council.

CONCLUSION Following evaluation of the Tender received for the Art Storage Facility racking supply &

installation it is determined that Brownbuilt Pty Ltd has satisfied all areas of the selection

criteria and is likely to offer good value and provide fit for purpose raking storage system.

ATTACHMENTS

Nil Recommendati on

RECOMMENDATION

That Council accept the Tender from Brownbuilt Pty Ltd for the supply and installation of

the Art Storage Facility Racking for the Tendered sum of $124,500.00 exclusive of GST.


ITEM 13.3

13.3 Annual Environmental H ealth Report

13.3 ANNUAL ENVIRONMENTAL HEALTH REPORT

File: 27881 D279837




Strategy 4.6.3 Provide quality public and environmental health services

PURPOSE To inform Council and the Director of Public Health on the status of public health within

Devonport and assist the Director in his requirement to report to the Minister under the

Public Health Act 1997.

BACKGROUND In April 2011, at the LGAT General Meeting, a formal motion was carried “That all members

agree to support and implement the new Local Government Environmental Health

Annual Report”. Data collection was to begin in July 2011 with the first report 2011-12 due

for submission 30 September 2012.

COMMENTARY Data for the 2011-12 report was collected throughout the year and represents the

information required from 1 July 2011 to 30 June 2012. The report is an accurate reflection

of the tasks undertaken by Environmental Health staff and the current status of public

health in Devonport.

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

RISK IMPLICATIONS Political/Governance

Minimal risk to Council as report simply reflects data collected over the previous 12

months.

Environmental/Public Health

The attachment identifies the environmental and public health risks within the

municipality and our responses to them during the past 12 months. The attachment

identifies priority areas for compliance within the Devonport Municipality.

Communication/Reputation

Risk of public misinterpreting any element of the issues identified. Council needs to

ensure that it adequately enforces the relevant legislation to protect its reputation.

CONCLUSION Council’s environmental health staff have provided professional public and environmental

health services and recommends Council note the annual report.

ATTACHMENTS

1. Annual Environmental Health Report


ITEM 13.3

Recommendati on

RECOMMENDATION

That Council note the Environmental Health Annual Report 2011-12 and endorse it for

submission to the Director of Public Health.

Annual Environmental Health Report ATTACHMENT [1]

ITEM 13.3

ENVIRONMENTAL HEALTH ANNUAL REPORT

2011-2012

Devonport City Council

Street Address: 44-48 Best Street Town: DEVONPORT TAS Postcode: 7310 Telephone: 6424 0511 Web address: www.devonport.tas.gov.au

1 ENVIRONMENTAL HEALTH BUSINESS PLAN

1.1 Does Council have a current Environmental Health Business Plan that details

the annual environmental health activities of Council? NO

IF NO Does Council expect to produce one within the next year?

NO

2 PRIORITY OF PUBLIC & ENVIRONMENTAL HEALTH ISSUES

2.1 List the more significant public and environmental health issues currently

facing the local community.

1. Illegal or unregistered food manufacturers

2. Unhealthy premises

3. Sewer pump station overflows – during storm events

2.1.1 Are they being addressed in the current Business Plan? NO Please explain:

Council does not currently have an Environmental Health Business Plan.

2.2 Prioritisation process 2.2.1 How was Council made aware of these significant issues?

Issue 1 & 2: By public, businesses and EHO investigations

Issue 3: This has been an ongoing issue for the EHO during the majority of storm events. Notified by CMW when sewer pump stations overflow.


ITEM 13.3

3 PUBLIC AND ENVIRONMENTAL HEALTH WORKFORCE

3.1 Environmental Health Staff Numbers Please provide a snapshot of Council’s environmental health workforce as at 30 June 2012 by completing the tables below. This information is requested to inform State and National environmental health workforce initiatives.

Employment Status Number of Staff Additional Information Sought

Response

Permanent full time employed environmental health officers (approx 38 hours/week) at 30 June 2012

1 N/A N/A

Permanent part time employed environmental health officers at 30 June 2012

1 30hrs/wk

Permanent Contracted Consultant environmental health officers at 30 June 2012

0 N/A

Temporary Contracted Consultant environmental health officers at 30 June 2012

0 N/A

Environmental health officer positions vacant as at 30 June 2012

Position type (fulltime/ part time/ contract)

Position hours/week

Comments regarding this position.

Fulltime 37.5 Vacant since October 2011

Number (FTE) of Ancillary Staff that assist Council to fulfil its responsibilities under the Public Health Act 1997 and Food Act 2003 as at 30 June 2012

Cadets 0

Environmental Health Technicians 0

Immunisation Nurses 3 (casual)

Administration 0

Medical Officer of Health 0

Other (please specify) 0

3.2 Professional Development & Training Detail training and professional development implemented during the financial year to maintain/develop EHO or ancillary staff skills and knowledge.


ITEM 13.3

Dealing with difficult customers

On-site waste water management course

Attendance at EHA seminars

Attendance at NW Regional EHO meetings

OHS Internal Auditor training course

Certificate IV Training and Assessment commenced

Cadet undertaking final year of Degree

4 PUBLIC HEALTH ACT 1997

4.1 Conduct of Immunisation Programs 4.1.1 Does your Council directly provide immunisation services to the local community?

YES If so, please provide details (in Table below) of the number and type of clinics

conducted during the reporting period -

Clinic Type Frequency No. of People Vaccinated

Total Vaccines Administered

Community/Childhood Every 4th Tuesday 275 429

School Program 3 per year 995 1609

If not, how are these services provided in that Council area?

N/A

4.1.2 What Council resources and staff were necessary to organise, administer and

implement these immunisation programs?

2 x EHO and 2 x Nurse Immunisers for community sessions

2 x EHO and 2 x Nurse Immunisers for school program

4.2 Monitoring & investigation to minimise the incidence of Legionnaires Disease

(please complete the table below)

Type of System

Number registered in area

Number of complaints

Cooling Water System

6 0

4.2.1 Has the Council taken any action to identify the location of cooling towers within the

Council area? YES

If yes, provide details –

Potential regulated systems identified by type of tenancy/business and scrutiny of Council

aerial photos.

Letter and questionnaire to be sent to occupant and building owner to assist with

determination of requirement to take action to register.


ITEM 13.3

If no, explain why –

N/A

4.2.2 Does the Council maintain a record of registered cooling towers?

YES

If yes, how often is the record reviewed for currency?

Every 12 months

4.3 4.3 Monitoring and control of Waste Water Treatment Systems (eg. septic

tanks, AWTS)

Type of System Number of applications

Number of routine installation inspections


Septic Tank 15 15 0

AWTS 4 4 0

Other (Repair/upgrade)

3 3 0

Total 22 22 0

Any Additional Comments?

Site inspection conducted prior to issue of Special Plumbing Permit.

Other (repair/upgrade) relate to issue of permits for replacement of absorption trenches.

4.4 Monitoring of Skin Penetration businesses

Type of Facility

Number of reg’d businesses

Number of routine inspections


Tattoo Parlours

2 2 0

Body/Ear Piercing

11 11 0

Acupuncturist 0 0 0

Other 0 0 0

Total 13 13 0

4.4.1 Does the Council follow the requirements outlined in the Guidelines for

acupuncture, tattooing, ear and body piercing? YES

4.4.2 Provide details on how applicants are assessed as competent to undertake these

activities

In-house developed check list based on requirements and outcomes of the Guidelines.

Annual inspection of premises.

Assessment and inspection when premises relocates or new premises proposed.


ITEM 13.3

4.4.3 Does the Council maintain a record of registered premises used for Public Health Risk Activities?

YES

If yes, how often is the record reviewed for currency?

Database is updated annually following premises renewals and inspections

Database is updated if/when premises relocates or operator changes.

4.4.4 Any Additional Comments?

No

4.5 Outline any activities conducted in 2010-11 in relation to Pandemic Flu

Nil

4.6 Monitoring of Places of Assembly 4.6.1 Provide the number of all places of assembly in your council area -

Licensed Inspections Complaints

43 43 0

4.6.2 Is a risk assessment undertaken of venues to determine licence conditions?

YES

4.6.3 Is there an inspection frequency based on the risk classification of the premises?

YES 4.6.4 Provide details of any licence cancellations.

NIL

4.6.5 Provide details of any notices served regarding non-compliance issues

Notices Served Nature of Offence

1 Failing to renew registration of Place of Assembly

4.6.6 Provide details of any actions taken in relation to overcrowding at venues -

NIL

Are inspections undertaken of venues in relation to overcrowding while they are in

use by general public?

NO 4.6.7 Does your Council issue temporary places of assembly licences for specific events?

YES


ITEM 13.3

If yes, please provide the number of all temporary places of assembly licensed by your Council.

.

No. of Specific Events No. inspected

15 3 (major events only)

4.7 Monitoring of Unhealthy Premises

Provide the number of actions taken by council with respect to unhealthy premises

Complaints No. of Interim Closure Orders

No. of Closure Orders

No. of Rectifications

9 0 0 1

Briefly describe the nature of complaints received relating to

unhealthy/unsanitary/defective premises

Usually relate to rental properties and poor maintenance or tenant giving rise to, for example:

1. Sewage overflows into house and children play areas;

2. Extensive mould in living room and bedrooms;

3. Electric safety shock issues caused by leaking roof.

It has been noted that the majority of mould complaints are over winter potentially caused by tenant not adequately airing property.

Most issues were immediately addressed with real estate agents and/or owner to ensure repairs, where required, were conducted within reasonable timeframes

4.8 Register of Other Activities 4.8.1 Does the Council maintain a record of registered users and suppliers of water from

private water sources? YES

If yes, how often is the record reviewed for currency? Annually – only 1 registered

Please describe any public health incidents that arose from a private water source.

NIL

4.9 Powers of Councils / Authorised Officers 4.9.1 Provide details of circumstances where any item was seized or removed

NIL

4.9.2 Provide details of circumstances if any, where a police officer was required to assist

in exercising powers under the Act

NIL


ITEM 13.3

4.10 Offences against Authorised Officers Provide de-identified details of any instances of assault, abuse or threats against

any authorised officers whilst they were exercising their power to perform a function under the Act.

NIL

4.11 Infringements

No. of Infringements issued

Nature of offence

Total cost received

Number withdrawn

Costs incurred by Council ($)

NIL

4.12 Prosecutions

No. of Prosecutions

Nature of offence

Plea (Guilty or Not Guilty)

Penalty Imposed

NIL

5. FOOD ACT 2003 - FOOD SAFETY

5.1 Food Premises

5.1.1 To assist collation of relevant data for food safety management, please provide details relating to risk classification of food businesses and surveillance programs.

Risk No. of Registered Businesses

Total No. of Inspections Undertaken

High 31 33

Medium 155 200

Low 20 22

TOTALS 206 255

5.1.2 How many new additional food businesses commenced operation in the past

financial year? 15 5.2 Notices and Orders issued under the Food Act 2003

Business type Number of Improvement Notices issued

Number of Prohibition Orders issued

High Risk 4 0

Medium Risk 26 2

Low Risk 0 0

5.2.1 What are the three (3) most common offences that resulted in notices or orders

issued?


ITEM 13.3

1. Premises maintenance ie: damaged floors, lighting, poor cleaning

2. Equipment maintenance ie: damaged display case, broken fridge, unclean food storage areas.

3. Failing to comply with Improvement Notices.

5.2.2 Prosecutions

No. of Prosecutions

Nature of offence

Plea (Guilty or Not Guilty)

Penalty Imposed

NIL

5.3 Complaints received during 2011/2012 5.3.1 What have been the three (3) most common food complaints received by Council?

1. Suspected food poisoning

2. Poor food handling and food hygiene observed by public

3. Sale of food manufactured in unregistered premises

5.4 Powers of Councils / Authorised Officers 5.4.1 Provide details of circumstances where any item was seized or removed

Bottled water, olive oil, tomato sauce and relish seized for incorrect labelling and produced in unregistered food premises. Samples of relish sent to laboratory for analysis due to product fermenting in jar.

Peanut butter and popcorn manufactured in unregistered premises being sold with incorrect labelling.

Homemade homus, taziki, relish and jams produced in unregistered kitchen with no labelling

5.4.2 Provide details of circumstances if any, where a police officer was required to assist

in exercising powers under the Act

NIL

5.5 Offences against Authorised Officers Provide de-identified details of any instances of assault, abuse or threats against any authorised officers whilst they were exercising their power to perform a function under the Act

NIL

6. HEALTH EDUCATION / PROMOTION & COMMUNITY CONSULTATION

Include Council initiatives, activities and programs designed to promote environmental health issues to the community including those delivered in partnership with others. (Eg. training sessions, workshops, radio interviews, presentations / education sessions to schools/community groups, educational materials produced, newsletter articles, studies or trials). Provide details of consultation and community involvement, the variety of communication tools used (eg. local newspaper/radio, Council pamphlets, shopping centre displays) and how projects are evaluated.


ITEM 13.3

Food Hygiene Training Sessions: Schools, businesses, service clubs and community groups (day and evening sessions)

Illegal Dumping Study – Project by UTAS student on placement.

Pamphlet – “Food Hygiene at Home”. Produced by UTAS EH student as part of food hygiene presentation to Devonport LINC “Garden to Plate” program.

Immunisation information sheet produced for inclusion in school newsletter to parents.

7. ENVIRONMENTAL MANAGEMENT & SUSTAINABILITY

Provide details of activities by EHOs only designed to reduce and prevent exposure of individuals to

environmental health hazards. While some of this information falls outside of the scope of the Public Health Act and Food Act, activities in these areas often fall to the EHO to perform and manage so it would be very useful for the Director of Public Health to be aware of the extent of these activities. May include number/types of complaints received, issues dealt with, concerns, inventories held etc.

7.1 Waste Management Practices (domestic waste, landfills, green waste,

recycling, solid waste, hazardous waste) (eg. types and regularity of services)

NIL – Environmental Management and Sustainability related to environmental health outcomes is not an area of Council that EHO has responsibility for.

7.2 Contaminated Land

NIL – Environmental Management related to environmental health outcomes is not an area of Council that EHO has responsibility for.

7.3 Monitoring and Control of Hazardous Substances (eg. asbestos, medical waste)

NIL – Environmental Management and Sustainability related to environmental health outcomes are not an area of Council that EHO has responsibility for.

7.4 Monitoring of Air Quality

EHO’s respond to air quality complaints raised by residents and react accordingly.

Proactive air quality monitoring is outside the scope of Council resources.

47 complaints of backyard burning and poor wood heater operation actioned by EHO’s – all cases resulted in education of the resident with no enforcement action taken.

One recurring complaint of smoke from a level 1 activity required regular visits. Premises complies with air quality requirements. Recently replaced wood heat source with gas.

7.5 Noise Complaint Investigations

EHO’s respond to noise complaints raised by residents and react accordingly with investigation, education and regulatory action where necessary.

Noise complaints tend to be mostly related to after hours, loud music, illegal sound recording studio, barking dogs. To lesser extent power tools and mowers.

36 noise complaints investigated by EHO’s. One complaint was ongoing (on and off) for over 6 months. One EPN issued for nuisance.

7.6 Emergency Planning Activities (eg. disaster recovery / business continuity plans)

NIL. Not an area of Council that EHO has input to or responsibility for.

7.7 Rural and Urban Planning Activities (eg. number of development applications

assessed by EHOs)


ITEM 13.3

205 Development application assessments

14 Subdivision assessments

7. 7.1 Building Act referrals (Development Applications, assessment of plans), other

(please specify).

245 Building application referrals for assessment.

7 referrals from building surveyors for EHO report related to food premises.

7.8 Environmental Protection Notices

EPNs issued for:

Contravention of Waste Management Regulations – private tip site burying tyres

Environmental Nuisance - Noise

Environmental Nuisance – Mud and Dust

7.9 Environmental Impact Assessment

NIL

7.10 Other Environmental Nuisances (which could cover a broad range of

environmental/health complaints received)

NIL

8. OTHER

Please provide details of any other public & environmental health issues encountered by Council. (Eg, complex investigations, participation in major events and festivals, strategic planning and implementation programs etc)

1. Don River – Investigation into potential pollution issue – complaint from resident. Numerous inspection of the river at differing tides. Samples collected and analysed with assistance from EPA and AST.

2. Ongoing investigation and RMPAT hearing for illegal landfill operations affecting creek. RMPAT decision now being challenged in Supreme Court.

3. Food recalls. EHO’s have responded to 7 food recalls requiring some action or investigation.

8.1 Food Act Infringements

No. of Infringements issued

Nature of offence

Total cost received

Number withdrawn

Costs incurred by Council ($)

6 S86 – Failure to register (renew)

$1300 1 $485

1 Cigarette butt in food service area

$260 0

1 S86 – Failure to Register (initial)

$260 0

1 Incorrect labelling

$260 0

1 Non- $260 0


ITEM 13.3

compliance with Food Safety Standards

1 Failure to comply with direction of authorised officer

$260 0

Date this report is to be presented to Council: 15 October 2012


ITEM 13.4

13.4 Contr act 1222 - Suppl y, D eli ver y and Placement of H otmi x Asphalt

13.4 CONTRACT 1222 - SUPPLY, DELIVERY AND PLACEMENT OF HOTMIX

ASPHALT

File: 27729 D279839






PURPOSE To award a contract for the supply, delivery and placement of hotmix asphalt sealing

services for the 12 month period ending 30th September 2013.

BACKGROUND The Tender relates to the proposed street and road re-sealing works listed in the 2012/13

capital works programme. Included within the scope of work is supply only of asphalt

materials and also milling and road edge treatments associated with hotmix sealing work.

The tender specification also makes provision for rise and fall adjustments in the contract

rate. This is a sensible inclusion to the contract to lessen the risk to both Council and the

Contractor during periods of oil and bitumen price volatility. The contract also makes

provision to reduce or increase the Schedule project list to suit the annual budget.

COMMENTARY Annual tenders for the supply, delivery and placement of hotmix asphalt surfacing were

received from five companies;

• Hardings Hotmix P/L

• Venarchie Contracting P/L

• Roadways P/L

• Downer EDI Works P/L

The four tenders received were all conforming tenders and met the essential selection

criteria.

An analysis has been made of the likely annual requirements for hotmix asphalt sealing

and the rates tendered by each contractor. The analysis has determined an estimated

total cost for each tender. This is summarised in Table 1.

Table 1 – Evaluation of tenders

Hardings

Hotmix P/L

Downer EDI

Works P/L

Venarchie

Contracting

P/L

Roadways

P/L

Supply, delivery and

placement of hotmix

asphalt surfacing $210,680.00 $220,002.00 $226,574.00 $243,372.56

From the Table 1 summary, Hardings Hotmix Pty Ltd ($210,680.00) is the lowest tender by

$9,322.00 excluding GST.


ITEM 13.4

Council has engaged Hardings Hotmix previously for similar services and have not

experienced any significant issues, which would prevent awarding them this contract.

FINANCIAL IMPLICATIONS The hotmix sealing work proposed under this Contract represents $210,680 of the

allocated capital works budget of $600,000. The remainder of the budget expenditure will

be allocated to the contract for supply delivery and placement of sprayed bitumen

sealing and other road surfacing expenditures and works.


Projects and purchases within the capital program include activities designated as

High Risk under the model Work Health and Safety Regulations Part 6.1, R291. Hazard

identification, risk assessment and development of safe systems of work are required

to be carried out on all projects

Political/Governance

The tender administration and reporting processes related to this contract comply

with Division 2A- Tenders and contracts for goods and services of the Local

Government Act 1993.


The scope of work or goods supplied under this contract form part of Council’s

infrastructure asset management strategy and therefore reduces the risk of asset

performance and cost issues.

Contractual/Legal



Financial




Contracts for consulting and contracting and supply of services include clauses to

mitigate risks.

CONCLUSION Taking into account the information provided in relation to the selection criteria and the

tendered rates, the selection panel has determined that Hardings Hotmix Pty Ltd has

achieved the highest total score and is therefore most likely to offer “best value” and

performance in relation to Contract 1222.

ATTACHMENTS

Nil Recommendati on

RECOMMENDATION

That the Tender and accompanying Schedule of Rates submitted by Hardings Hotmix Pty

Ltd for Contract 1222 - Supply, Delivery and Placement of Hotmix Asphalt be accepted.


ITEM 13.5

13.5 Contr act 1223 - Suppl y, D eli ver y and Placement of Spr ayed Bituminous Surfacing

13.5 CONTRACT 1223 - SUPPLY, DELIVERY AND PLACEMENT OF

SPRAYED BITUMINOUS SURFACING

File: 27729 D279862






PURPOSE To award a contract for the supply, delivery and placement of sprayed bituminous

surfacing for the 12 month period ending 30 September 2013.

BACKGROUND The Tender relates to the proposed street and road re-sealing works listed in the 2012/13

Capital Works Program. Included within the scope of works is the supply of crushed

aggregate used as part of the sprayed bitumen sealing contract. The scope of the

contract excludes sealing of specified Capital Works projects.

The tender specification also makes provision for rise and fall adjustments in the contract

rate for sealing works. This is a sensible inclusion to the contract to lessen the risk to both

Council and the Contractor during periods of oil and bitumen price volatility. The

contracts also make provision to reduce or increase the Schedule list to suit the annual

budget.

COMMENTARY Annual tenders for the supply, delivery and placement of sprayed bituminous surfacing

were received from four companies:

• Hardings Hotmix P/L.

• Venarchie Contracting P/L

• Downer EDI Works P/L

• Roadways P/L

The four tenders received were all conforming tenders and met the essential selection

criteria. An analysis has been made of the likely annual requirements for sealing and the

rates tendered by each contractor have been applied to the expected annual

requirement. This results in an estimated contract cost as follows.

Table 1 – Evaluation of tenders

Downer EDI

Works P/L

Hardings

Hotmix P/L Roadways P/L

Venarchie

Contracting P/L

Contract Price $ 183,581.02 $ 188,932.00 $ 215,408.40 $ 234,146.00

From the Table 1 summary Downer Edi Works Pty Ltd ($183,581,02) is the lowest tender by

$5,350.98 excluding GST.


ITEM 13.5

Downer EDI have held sealing contracts with Council in the past and performed at an

acceptable level.

FINANCIAL IMPLICATIONS The bitumen sealing work proposed under this Contract represents $183,581.02 of the

allocated Capital Works budget of $600,000. The remainder of the budget expenditure

will be allocated to the contract for hotmix sealing and other road surfacing expenditures

and works.


Projects and purchases within the capital program include activities designated as

High Risk under the model Work Health and Safety Regulations Part 6.1, R291. Hazard

identification, risk assessment and development of safe systems of work are required

to be carried out on all projects

Political/Governance

The tender administration and reporting processes related to this contract comply

with Division 2A- Tenders and contracts for goods and services of the Local

Government Act, 1993.


The scope of work or goods supplied under this contract form part of Council’s

infrastructure asset management strategy and therefore reduces the risk of asset

performance and cost issues.

Contractual/Legal



Financial




Contracts for consulting and contracting and supply of services include clauses to

mitigate risks.

CONCLUSION Taking into account the information provided in relation to the selection criteria and the

tendered rates, the selection panel has determined that Downer Edi Works Pty Ltd has

achieved the highest total score and is therefore most likely to offer “best value” and

performance in relation to Contract 1223.

ATTACHMENTS

Nil Recommendati on

RECOMMENDATION

That Tender and accompanying Schedule of Rates submitted by Downer Edi Works Pty Ltd

for Contract 1223 - Supply, Delivery and Placement of Sprayed Bituminous Surfacing

Services be accepted.


ITEM 13.6

13.6 Finance Repor t for September 2012

13.6 FINANCE REPORT FOR SEPTEMBER 2012

File: 26544 D280492




Strategy 5.5.1 Provide financial services to support Council's operations and meet

reporting and accountability requirements

Purpose To report the details of Council’s financial position.

BACKGROUND Monthly financial reports are provided to Council for information.

COMMENTARY The attached report provides an overview of Council’s financial position as of 30

September 2012.

Included in the report are the following:

Financial Summary – This report provides an overview of Council’s Operational and

Capital Income and Expenditure, along with details on cash position and Debtors

information for the reporting period.

Summarised Operating Report – This report provides a summary of operational

income and expenditure for the period to date compared to both the YTD Budget

and Annual Budget.

Financial Charts – These charts provide a visual representation of year to date

Income and Expenditure compared to budget and prior year, plus a Capital

Expenditure chart which demonstrates the progress of the current year capital plan

against budget and prior year capital plan information for reference.

Balance Sheet Report – This report provides a snapshot of Council’s financial position

at the end of the reporting period.

Capital Expenditure Report – This report provides a list of all approved capital

expenditure projects with the allocated budget, YTD expenditure and forecast

expenditure including commentary in relation to budget variances, as well as whole

of project budget and cost for those projects which span more than one financial

year.

FINANCIAL IMPLICATIONS There are no financial implications arising from the presentation of this report. The report is

provided for the information of Aldermen.



ITEM 13.6

CONCLUSION The following report provides an overview of Council’s operating result and financial

position at the end of the reporting period.

ATTACHMENTS

1. 26544 ca 15 October 2012 Finance Report Attachment

2. 26544 ca 15 October 2012 Finance Report Attachment 2 Capital

Recommendati on

RECOMMENDATION

That the Finance Report for September 2012 be noted.

26544 ca 15 October 2012 Finance Report Attachment ATTACHMENT [1]

ITEM 13.6

FINANCIAL SUMMARY YTD to September 2012

Operating Summary Annual Current

Budget Actual Budget Forecast

Revenue 26,691,596 26,764,893 33,913,596 34,023,407

Expenditure 9,000,757 8,425,558 34,773,596 34,861,272

Operating Position 17,690,839 18,339,335 (860,000) (837,865)

Capital Expenditure Summary Annual Current

Budget Actual Forecast

Capital Expenditure 21,624,107 1,405,712 21,570,907

Cash Information

September

2012

June

2012

Operating Account (Reconciled balance) 307,296 (208,778)

Interest-Earning Deposits 19,116,504 11,607,593

19,423,799 11,398,815

Debtor Information

13,599,395 55.2%

Rates Debtors 13,951,146 486,205 226,531

Infringement Debtors 112,544 79,163 39,200

Sundry Debtors 237,846 674,901 13,744

Planning & Health Debtors 8,448 3,602 72,276

14,309,984 1,243,871 13,951,146

Cash Investment Information

Rate

ANZ Cash Deposits 5.00% at call 17,595,525

CBA Cash Deposits 3.10% at call 1,520,979

All cash investments are invested in compliance with Council's Investment Policy. 19,116,504

Commentary

YTD

This report provides a high level summary of operational income and expenditure, capital expenditure and the cash and receivables

posit ion as at the date of the report.

The current forecast is updated on a monthly basis to reflect ant icipated changes to revenue, expenditure and net operating

posit ion. As at 30 September 2012, the forecast for income is expected to exceed budget, result ing in an operating deficit of $838K.

This is an improvement of $22K from the original budget result mainly due to $110K unbudgeted receipt of reimbursement from the

State Government for the 2011 flood damage, offset by $96K loss of rate income from high value propert ies as a result of the Council

decision to offer a 4% rates increase to 448 high value propert ies in the city at their September meeting.

% of Annual

Rates

The interest-earning deposits balance includes $5M of grant funds received in advance for the aquatic centre redevelopment plus

$1.07M FAG grants in advance for the 2013 financial year.

2012/2013 - Current

2011/2012 - 1 Year

2010/2011 - 2 Years

2009/2010 - 3 Years

2008/2009 - Older

September

2012

Rates Debtors

Ageing

September

2012

June

2012

September

2012


ITEM 13.6

SUMMARISED OPERATING REPORT YTD to September 2012

Full Budget

Budget Actual $ % 2012

INCOME Note

Rates and Service Charges 24,615,144 24,645,119 29,975 0.1% 24,768,288 P

Fees and User Charges 1,432,605 1,373,115 (59,490) -4.2% 5,829,232 P

Grants - Operating 314,000 301,805 (12,195) -3.9% 1,262,000 P

Contributions - Operating 15,000 11,474 (3,526) -23.5% 60,000 O 1

Investment Revenue 146,367 152,882 6,516 4.5% 1,464,518 P

Other Revenue 168,480 280,498 112,018 66.5% 529,558 O 2

TOTAL INCOME 26,691,596 26,764,893 73,297 0.3% 33,913,596

EXPENSES

Employee Benefits 2,947,332 2,976,257 (28,925) -1.0% 11,824,808 P

Materials and Services 2,897,883 2,171,918 725,965 25.1% 11,281,712 O 3

Depreciation 2,154,450 2,179,869 (25,419) -1.2% 8,617,800 P

Financial Costs 126,750 125,504 1,246 1.0% 651,000 P

Levies & Taxes 817,793 796,631 21,162 2.6% 2,755,464 P

Other Expenses 321,165 390,779 (69,614) -21.7% 701,276 O 4

Internal Charges and Recoveries (264,615) (215,399) (49,216) 18.6% (1,058,464) O 5

TOTAL EXPENSES 9,000,757 8,425,558 575,198 6.4% 34,773,596

NET OPERATING SURPLUS / (DEFICIT) 17,690,839 18,339,335 648,495 3.7% (860,000)

Own Source Revenue: 98.8% 98.8% 96.1%

Indicator:

Variance is less than 10% and dollar variance threshold from budget and is within acceptable limits P

Variance is greater than 10% and/or $75000 threshold from budget and requires explanation O

Note Commentary1

2

3

4

5

YTD YTD Variance

Variance Ytd is minor in total dollars. Difference is due to timing of actual to budget. No investigations deemed necessary.

$110K income received from the State Government to reimburse costs associated with 2011 flood damage. Adjustment made in

forecast to reflect this.

Timing of actual v budget. Traditionally materials expenditure is lower at the beginning of the year and catches up towards the

end. Variance is in Council's favour, and will be monitored closely as the year progresses. Significant variances relate to contractors

and Major Maintenance.

Difference relates to $96K rates remissions provided to high value residential properties as a result of the decision at the September

Council meeting, offset by timing difference of payments of sponsorships to community organisations vs budget.

Relates to under-recovery of operational overhead costs from capital jobs. Fewer labour hours have been booked to capital

projects than anticipated, which impacts on overhead recoveries. Variance expected to improve as the year progresses.


ITEM 13.6


ITEM 13.6

BALANCE SHEET REPORT As at September 2012

30 Sep 2012 30 Jun 2012

Current AssetsCash at Bank and On Hand 307,296 (208,778)

Trust Deposits 324,138 320,779

Cash Investments 19,116,504 11,607,593

Receivables - Rates and Utility Charges 13,951,146 486,205

Receivables - Infringements 112,544 79,163

Receivables - Sundry 237,846 674,901

Receivables - Planning & Health 8,448 3,602

Loans Receivable - Current 257,234 260,028

Accrued Revenue - 196,396

Prepayments - 105,094

Net GST Receivable (131,540) 174,900

34,183,616 13,699,882

Non Current AssetsLoans Receivable - Non-Current - -

Dulverton Regional Waste Management Authority 2,371,040 2,371,040

Cradle Mountain Water 76,837,252 76,837,252

Property, Plant & Equipment 527,210,419 526,944,951

Accumulated Depreciation - PP&E (207,421,008) (206,466,569)

Capital Work in Progress 11,738,629 12,428,279

410,736,332 412,114,952

Total Assets 444,919,948 425,814,834

Current LiabilitiesTrade Creditors 1,243,437 377,622

Accruals 225,456 2,260,724

Trust Liability 333,777 376,097

Loans - Current 948,370 948,370

Annual Leave 1,250,823 1,158,595

Long Service Leave - Current 980,634 921,453

4,982,499 6,042,860

Non Current LiabilitiesLoans - Non-Current 7,515,543 7,584,904

Long Service Leave - Non-Current 525,187 525,187

8,040,730 8,110,091

Total Liabilities 13,023,229 14,152,951

Net Assets 431,896,719 411,661,884

EquityAsset Revaluation Reserve 231,726,880 231,726,880

Asset Revaluation Reserve - Associates 1,170,599 1,170,599

Other Reserves 440,348 440,348

Accumulated Surplus 178,324,057 174,022,985

Operating Surplus / (Deficit) 18,339,335 747,831

Capital Surplus / (Deficit) 1,895,501 3,553,242

Total Equity 431,896,719 411,661,884

26544 ca 15 October 2012 Finance Report Attachment 2 Capital ATTACHMENT [2]

ITEM 13.6

Capital Expenditure Report

As at September 2012 Prior Budget Prior Actual 2013 Budget 2013 Actual 2013 Forecast

$ $ $ $ $ Commentary

Open Space & Recreation

CP0009 Open Space Management Plans 11,197 11,197 68,803 164 68,803

CP0021 Aquatic Centre - Indoor Facility Stage 2 886,606 886,606 10,163,394 339,741 10,163,394

CB0019 Signage Strategy Implementation - Year 2 13,660 13,660 56,340 - 56,340

CP0020 Kempling St Land - - 200,000 350 200,000

CP0022 Chich/Morris Play space 351 351 19,649 2,283 19,649

CP0029 Mersey River Foreshore works 18,247 18,247 111,090 7,611 111,090

CP0037 Cycling Network Strategy Action Plan Year 2 - Miandetta Link at

Formby Rd 75,000 707 75,000

CP0038 Devonport Oval - Scoreboard replacement 140,000 32,549 140,000

CP0039 Mersey Bluff Car Park Extension 120,000 496 120,000

CP0040 Lovett St Soccer ground No 1 irrigation 49,000 3,757 49,000

CP0041 Mersey Vale Master Plan works 12/13 200,000 (6,319) 200,000

CP0042 Clayton Drive CNBC Repatriation Project 82,000 48,626 82,000

CP0043 Madden Street Park Surface Restoration 42,000 388 42,000

CP0045 Reg Hope Park Fence & Seating (Julie Burgess) 11,000 649 11,000

CP0046 EDRC - Entry doors 14,400 28 14,400

CP0047 Meercroft Park toilets/chang room 10,000 70 10,000

CP0048 Barbecue replacement 18,000 15,843 18,000

CP0049 Walking Track Remediation - renewal program 60,000 3,607 60,000

CP0050 Victoria Parade Replace Sprinkler Heads Program 14,700 15,700 14,700

CP0051 Vietnam veterans Wall Reconstruction 26,000 339 26,000

CP0052 Park Furniture Replacement Program 10,000 - 10,000

CP0053 Aiken Head Point Walkway Replace Lighting 9,000 90 9,000

CP0054 Litter Bin Program 12/13 31,500 60 31,500

CP0055 Byard Park Toilet/Changeroom 10,000 - 10,000

CP0056 Aquatic Centre - Concrete walkway replacement 250,900 480 250,900

CP0057 Devonport Oval - Cricket Club Amenities Renewal 81,800 297 81,800

CP0058 Devonport Oval - Visitors change room showers 8,500 283 8,500

CP0059 Maidstone Park - Upgrade timber seating replacement western side

11,000 281 11,000

CP0060 Spreyton Netball Courts - resurface, S/W 204,800 1,864 204,800

CP0061 Devonport Rec Centre - Security 120,000 229 120,000

CP0062 SLST Report Signage 5,000 1,256 5,000

CP0063 Maidstone Park - Power supply upgrade 10,840 - 10,840

Proceeds on disposal of assets (41,773)

Total Open Space & Recreation 930,061 930,061 12,234,716 429,656 12,234,716


ITEM 13.6



$ $ $ $ $

Buildings

CB0016 Maritime Museum Enhancement Project 1,371,550 1,371,550 523,096 363,231 523,096

CB0024 Julie Burgess project 1,840,606 1,840,606 35,345 30,214 35,345

CB0025 Bluff Restaurant Fit out 44,742 44,742 255,258 - 255,258

CB0028 Acquisition of Crown Land 20,000 - 20,000

CB0029 Art Gallery - kitchen upgrade 10,000 - 10,000

CB0030 Art Storage Facility (Racking) 148,000 299 148,000

CB0031 Maritime Museum - Display Boxes 50,000 - 50,000

CB0032 Melrose Hall - Exterior wall clad 22,000 113 22,000

CB0033 Spreyton Hall - Exterior wall clad 15,200 100 15,200

CB0034 Mersey Bluff caravan park 150,000 1,067 150,000

CB0035 DECC - Laneway 5,100 1,862 5,100

CB0036 Tiagarra - toilet access ramps 10,000 262 10,000

CB0037 Automatic gate and security upgrade for Operations Centre 64,300 123 64,300

CB0038 Wenvoe Street Carpark - Building demolition 95,000 9,764 95,000

CB0039 WTS Access Road gravel preparation, 2 coat seal & Drainage 22,000 466 22,000

CB0040 WTS Cover over oil store 11,600 85 11,600

Total Buildings 3,256,898 3,256,897 1,436,899 407,584 1,436,899

Stormwater

CS0006 Tugrah Road K&D - - -

CS0007 Manhole Lid Replacement 12/13 25,000 48 25,000

CS0008 Torquay Road - Table Drain & Pavement upgrade 130,000 771 130,000

CS0009 Tasman St Easement Drainage 100,000 1,290 100,000

CS0010 Pit Replacement 12/13 50,000 653 50,000

CS0011 Minor Stormwater Works 12/13 30,000 967 30,000

CS0012 SW Outfall Risk Improvement & Renewal 12/13 20,000 38 20,000

CS0013 Turton Street SW pipe installation 80,000 251 80,000

CS0014 Waverley Rd SW drainage 33,000 63 33,000

CS0015 William St SW Catchment Upgrade - Stage 2 137,000 588 137,000

Total Stormwater - - 605,000 4,669 605,000


ITEM 13.6



$ $ $ $ $

Transport

CT0002 Bridge Rd Pavement Recon - 35 -

CT0004 James & North Fenton K&C 21,976 21,976 248,024 228,907 248,024

CT0010 Tasman Place reconstruction - 1,539 -

CT0015 Stewart St Redev Stage 2 - - -

CT0032 Sheffiled Road K&C stage 7 & 8 50,405 50,405 466,342 97,754 441,342 Forecast down following revised scope

CT0037 Road Network Minor Works 12/13 25,000 48 25,000

CT0038 Re-seal programme 12/13 600,000 16,885 600,000

CT0039 Street Light Provision 12/13 20,000 38 20,000

CT0040 Footpath Minor Renewal in Road Reserve 12/13 25,000 48 25,000

CT0041 Stewart Street - near school crossing pavement rehabilitation 10,000 1,070 10,000

CT0042 Saleyards Road Pavement Reconstruction 126,000 261 126,000

CT0043 Stephen Street Renewal - Wright to Tarleton 90,000 3,512 90,000

CT0044 Edward Street Renewal (including Stewart Junction) 215,000 2,860 215,000

CT0045 Rooke Street - Oldaker to Best pavement & kerb essential renewal -

Additonal SW Upgrade req'd 195,000 393 195,000

CT0046 William - Valley intersection reconstruction 285,000 4,207 285,000

CT0047 Harold - Hiller Intersection reconstruction 20,000 1,273 15,000 Revised forecast down based on project design and revised estimate

CT0048 David Street K&C replacement - # 45 to 47, # 63 to 65 45,000 595 45,000

CT0049 John Street Pavement Rehabilitation Wright St to Tarleton St 175,000 4,892 143,000 Revised forecast down based on project design and revised estimate

CT0050 Madden Place Reconstruction 110,000 2,244 110,000

CT0051 Nicholls St/Ronald to William 431,000 5,209 431,000

CT0052 William Street pavement reconstruction - James to Nicholls 250,000 707 250,000

CT0053 Pedestrian Network Strategy (2012) Action Plan Implementation 15,000 3,145 15,000

CT0054 Road Traffic Devices Minor Works 12/13 25,000 5,473 25,000

CT0055 12/13 Devonport Road Network Strategy (2009) Action Plan

Implementation 100,000 461 100,000

CT0056 Forthside Rd Guardrails - upgrade to current standard 15,000 198 15,000

CT0057 Bellamy Road Safety Improvements 63,000 460 23,000 Revised forecast is $23K - no blackspot funding

CT0058 Lillico Road reconstruction & widening (south of Railway Line) 80,000 6,308 80,000

CT0059 Kelcey Tier Road safety improvements Stage 1 111,000 3,396 111,000

CT0060 Forth Road Rehabilitation south of Waverley Road 50,000 4,827 50,000

CT0061 Best & Sorell intersection New Roundabout 220,000 517 220,000

CT0062 David-John RAB 220,000 1,431 220,000

CT0063 Nicholls & Gunn intersection New Roundabout 250,000 1,587 250,000

CT0064 Thomas & Wright intersection New Roundabout 280,000 1,566 280,000

CT0065 Stony Rise Rd-Tugrah Rd-Bass Hwy off ramp New Roundabout 454,000 7,463 454,000

CT0066 Fenton Street & Stewart Street Intersection Safety Improvements 100,000 215 - Revised forecast is $0K - no external funding available

CT0067 Bluff Road Pedestrian Crossing Improvements 76,000 145 - Revised forecast is $0K - no external funding available

CT0068 Forbes Street Footpath Hazard Elimination 7,000 7,231 7,000

CT0069 Watkinson Street footpath safety improvements Stage 1 10,000 - 10,000

CT0070 Mersey Road footpath 'missing link' - #107 to #111 16,000 7,458 19,800 Revised forecast up based on project design and revised estimate

CT0071 Nicholls Street 'missing link' - beside #85 Ronald St 11,000 11,122 11,000

CT0072 David Street new footpath - Murray St to #106 58,000 1,086 58,000

CT0073 Oldaker Street Footpath - Rooke to North Fenton 20,000 38 20,000

CT0074 Drew Street to Tarleton Street Footpath Renewal 25,000 48 25,000

Total Transport 72,381 72,381 5,542,366 436,650 5,268,166


ITEM 13.6



$ $ $ $ $

Plant & Fleet

CF0004 Hire Plant Replacement Plan 12/13 626,000 31,529 626,000

CF0005 Minor Plant Replacement Plan 12/13 93,800 3,790 93,800

CF0006 Fleet Replacement Plan 12/13 152,000 66,678 152,000

Proceeds on disposal / trade-in of assets (51,364)

Total Plant & Fleet - - 871,800 50,633 871,800

Other Equipment

CC0001 Information Technology 26,710 26,710 38,600 38,600 38,600

CC0002 Information Technology 12/13 264,251 37,920 264,251

CC0003 Maritime Museum Ship Simulator 600,000 - 600,000

CE0002 Furniture & Fittings 12/13 30,475 - 30,475

Total Other Equipment 26,710 26,710 933,326 76,520 933,326

TOTAL CAPITAL EXPENDITURE 4,286,050 4,286,049 21,624,107 1,405,712 21,349,907

council agenda for 15 october 2012

Documents

council meeting d278668

council minutes

council chambers

ordinary meeting

persons general advice

qualified persons advice

devonport commencing

prior council meetings