devonport council agenda 17th december 2012

418
Contents NOTICE OF MEETING Notice is hereby given that an Ordinary Meeting of the Devonport City Council will be held in the Council Chambers, Fenton Way, Devonport, on Monday 17 December 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 12 December 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

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Devonport City Council Agenda 17th December 2012

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Page 1: Devonport Council Agenda 17th December 2012

Contents

NOTICE OF MEETING

Notice is hereby given that an Ordinary Meeting of the Devonport City Council will be held in the Council Chambers, Fenton Way, Devonport, on Monday 17 December 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 12 December 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

Page 2: Devonport Council Agenda 17th December 2012
Page 3: Devonport Council Agenda 17th December 2012

AGENDA FOR A MEETING OF DEVONPORT CITY COUNCIL TO BE HELD ON MONDAY 17 DECEMBER 2012

ATTHE 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 .............................................. 339 5.0 PUBLIC FORUM ...................................................................................... 340 5.1 Responses to Questions raised at prior Council Meetings ................................................... 340

5.2 Questions asked at this meeting ............................................................................................... 340

6.0 CONFIRMATION OF MINUTES 6.1 Minutes of an Council Meeting held 19 November 2012 .................................................... 341

7.0 WORKSHOPS & BRIEFING SESSIONS .......................................................... 342 7.1 Workshop and Briefing Sessions held since the last council meeting (D284185) ............. 342

8.0 PLANNING AUTHORITY MATTERS .............................................................. 343 8.1 AM2012/04 Section 39 Report, AM2012/04, 211 Brooke Street, East Devonport -

211 Brooke Street, East Devonport (D284147) ........................................................................ 344

8.2 AM2008/03 Mersey Regional Industrial Zone - Brooke Street, East Devonport (D284512) ...................................................................................................................................... 347

8.3 PA2012.0146 Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat ramp) - Crown Reserve Foreshore behind 124 River Road, East Devonport (D285317) ......................................................................................................... 532

8.4 Removal of Part 5 Agreement 110 Sheffield Road - Spreyton (D284272) ......................... 585

8.5 Draft Interim Planning Scheme - City of Devonport (D284571) ........................................... 588

9.0 NOTICES OF MOTION ............................................................................. 592 9.1 Reconsideration of Rate Penalty - 2013/2014 Budget Deliberations - Notice of

Motion - Ald S L Martin (D284622) ............................................................................................. 592

9.2 Discount on Full Payment of Rates - Notice of Motion - Ald S L Martin (D285075) ........... 594

9.3 Removal of Penalty - Overdue Rate Instalments - Notice of Motion - Ald G F Goodwin (D284448) .................................................................................................................... 595

9.4 Feasbility of Leasing Council land to TT Line for Car Parking - Notice of Motion - Ald L M Laycock (D285111) ....................................................................................................... 596

10.0 MAYORAL REPORT ................................................................................. 597 10.1 Mayor's Monthly Report (D285299) ........................................................................................... 597

11.0 GENERAL MANAGER'S REPORTS ............................................................... 599 11.1 Elected Members Expenditure Report (D285301).................................................................. 599

11.2 Water Sewerage Corporation - Constitution (D285563) ....................................................... 601

12.0 CUSTOMERS AND COMMUNITY REPORTS ................................................... 678 12.1 Minutes of Controlling Authorities, Working Groups and Special Committee

Meetings (D284957) ..................................................................................................................... 678

12.2 Devonport Weed Strategy - Year One Progress (D285458) ................................................. 720

Page 4: Devonport Council Agenda 17th December 2012

13.0 TECHNICAL AND FINANCE REPORTS .......................................................... 728 13.1 Pedestrian Island, William Street, Devonport (D278018) ....................................................... 728

13.2 Capital Works Report (D283543) ............................................................................................... 733

13.3 Spreyton Netball Centre - Court Surfacing (D283664) .......................................................... 738

13.4 Tender - Contract 1229, Nicholls Street (Ronald - William Streets) Reconstruction (D284628) ...................................................................................................................................... 741

13.5 Finance Report for November 2012 (D285645) ...................................................................... 743

Page 5: Devonport Council Agenda 17th December 2012

PAGE 339 Report to Council Meeting on 17 December 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 Citizen Awards - Australia Day 2013

4.2 Unconfirmed Minutes of Meeting - Audit Committee - 26 November 2012

4.3 Unconfirmed Minutes of Meeting - Devonport Maritime & Heritage Authority 28 November 2012

4.4 Minutes of Meeting - Financial Assistance to Community Organisations Working Group

4.5 Investment Strategy

4.6 Unconfirmed Minutes of Annual General Meeting - Cradle Coast Authority - 29 November 2012

4.7 Unconfirmed Minutes of Representatives Meeting - Cradle Coast Authority - 29 November 2012

4.8 Mersey Bluff Precinct

Page 6: Devonport Council Agenda 17th December 2012

PAGE 340 Report to Council Meeting on 17 December 2012

ITEM 5.0

5.0 PUBLIC FORUM Standing Orders (199) Public Forum in Countil Meeting:

Responses to Questions Raised at Prior Council Meetings

5.1 RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS

RECOMMENDATION That the report advising that no responses have been forwarded to questions raised at a prior Council meeting be received and noted.

Questions asked at this meeting

5.2 QUESTIONS ASKED AT THIS MEETING

Page 7: Devonport Council Agenda 17th December 2012

PAGE 341 Report to Council Meeting on 17 December 2012

ITEM 6.0

Confirmation of Minutes

6.0 CONFIRMATION OF MINUTES Confirmation of Minutes Council Meeting

6.1 COUNCIL MEETING - 19 NOVEMBER 2012 RECOMMENDATION That the Minutes of the Council Meeting held on 19 November 2012 as circulated be taken as read and confirmed.

Page 8: Devonport Council Agenda 17th December 2012

PAGE 342

Report to Council Meeting on 17 December 2012

ITEM 7.1

Workshops & Briefing Sessions

7.0 WORKSHOPS & BRIEFING SESSIONS 7.1 Workshop and Briefing Sessions held since the last council meeting

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

26/11/2012 Planning Scheme Provided a final overview of content prior to certification at the December Council Meeting.

03/12/2012 Cradle Coast Authority Executive Chairman & Directors

Provided an update in relation to the Authority’s activities.

CBD Presentation Presentation provided on the CBD project to Council.

10/12/2012 Public Art Policy Presented draft Public Art Policy for feedback and input

PAYL Presented an outline of PAYL car park layout options, estimated costs and operational considerations

Community Group’s Storage Presented outcomes of EOI process and recommendations in Planning Scheme

Water Sewage Update Ald Goodwin updated Aldermen in relation to a meeting of the Owners’ Representatives Group

Recommendation

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

Page 9: Devonport Council Agenda 17th December 2012

PAGE 343

Report to Council Meeting on 17 December 2012

ITEM 8.1

Planning Authority Matters

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 8.1 to 8.5. 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 Section 39 Report, AM2012/04, 211 Brooke Street, East Devonport - 211 Brooke Street, East Devonport (D284147)

8.2 AM2008/03 Mersey Regional Industrial Zone - Brooke Street, East Devonport (D284512)

8.3 PA2012.0146 Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat ramp) - Crown Reserve Foreshore behind 124 River Road, East Devonport (D285317)

8.4 Removal of Part 5 Agreement 110 Sheffield Road - Spreyton (D284272)

8.5 Draft Interim Planning Scheme - City of Devonport (D284571)

Page 10: Devonport Council Agenda 17th December 2012

PAGE 344

Report to Council Meeting on 17 December 2012

ITEM 8.1

8.1 AM2012/04 Section 39 Report, AM2012/04, 211 Brooke Street, East Devonport - 211 Brooke Street, East Devonport

8.1 AM2012/04 SECTION 39 REPORT, AM2012/04, 211 BROOKE STREET, EAST DEVONPORT - 211 BROOKE STREET, EAST DEVONPORT

File: 27870 D284147

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 To fulfil Council’s statutory responsibility to forward a report to the Tasmanian Planning Commission on the representations received during the public exhibition of draft amendment AM2012/04 to the Devonport and Environs Planning Scheme 1984.

BACKGROUND On 15 October 2012, Council initiated an amendment to rezone land at 211 Brooke Street from Rural to Light Industrial.

The amendment was placed on public display for a 3 week period ending on 16 November 2012.

COMMENTARY One representation was received. This is reproduced as Attachment 1 to this report. Cradle Mountain Water were forwarded a copy of the application but at the time of writing have not formally responded.

Representation 1: Capt R.J. Burgess AM Issues Raised Capt Burgess is opposing the amendment fundamentally because it is a poor example of planning for this area and Devonport as a whole.

Response Capt Burgess hasn’t qualified his statement but will have the opportunity provided when the Tasmanian Planning Commission most likely conducts a hearing into the merits of the amendment.

From a planning perspective this amendment duplicates an application The Tasmanian Planning Commission (TPC) currently has before it, in AM2008/03 (Mersey Regional Industrial Estate). This was expounded in the 15 October Report to Council. Since this date the proposed Outline Development Plan for the Mersey Regional Industrial Area has been advanced and it is anticipated that this will be submitted to Council and then to the Tasmanian Planning Commission for approval in the near future.

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

Page 11: Devonport Council Agenda 17th December 2012

PAGE 345

Report to Council Meeting on 17 December 2012

ITEM 8.1

CONCLUSION Following the submission of the single representation received it is recommended that no changes be made to the draft amendment.

ATTACHMENTS 1. Representation to AM2012/04

Recommendation

RECOMMENDATION That this report be forwarded to the Tasmanian Planning Commission as per the requirements of Section 39 of the Land Use Planning and Approvals Act 1993.

Page 12: Devonport Council Agenda 17th December 2012

PAGE 346 Representation to AM2012/04 ATTACHMENT [1]

ITEM 8.1

Page 13: Devonport Council Agenda 17th December 2012

PAGE 347

Report to Council Meeting on 17 December 2012

ITEM 8.2

8.2 AM2008/03 Mersey Regional Industrial Zone - Brooke Street, East Devonport

8.2 AM2008/03 MERSEY REGIONAL INDUSTRIAL ZONE - BROOKE STREET, EAST DEVONPORT

File: 23624 D284512

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 gain Council support to submit an altered amendment to the Tasmanian Planning Commission regarding the Mersey Regional Industrial Area.

BACKGROUND On 29 September 2008, Council initiated an amendment to insert a new zone with an accompanying schedule into the Devonport and Environs Planning Scheme to be known as the Mersey Regional Industrial Zone (MRIZ). This amendment was developed in conjunction with Latrobe Council, who submitted an almost identical amendment for the adjacent land.

The amendment was placed on public display for a five week period ending 10 November 2008. Five representations were received. A public hearing was held into the matter on 7 April 2009. The Commission handed down a decision that required the amendment be altered to a substantial degree. In summary the Commission required an Outline Development Plan to be submitted taking into consideration:

1. The results of investigations into Aboriginal Cultural Heritage on land in the proposed Mersey Regional Industrial Estate within 300m of the shoreline.

2. The results of investigations into the possible presence and location of threatened flora and fauna within the proposed Mersey Regional Industrial Estate.

3. The results of a land capability assessment of land within the Mersey Regional Industrial Estate.

4. The results of an assessment of vulnerability of the proposed Mersey Regional Industrial Estate to the impacts of climate change including sea level rise, erosion, coastal recession and storm surge.

5. The results of consultations with major infrastructure providers including Department of Infrastructure, Energy and Resources, Cradle Mountain Water, Devonport and Latrobe Councils, Transend, Aurora, Tasports, Powerco and Telstra in relation to the preparation of an Outline Development Plan setting out the layout and staging of the road network, draining systems, servicing networks, land uses and landscape treatment for the Mersey Regional Industrial Estate.

The Commission also required modifications to the written ordinance component of the amendment.

Page 14: Devonport Council Agenda 17th December 2012

PAGE 348

Report to Council Meeting on 17 December 2012

ITEM 8.2

COMMENTARY Over the past five years, Council together with Latrobe Council, the Department of Economic Development and the landowners have worked together to have the necessary studies completed. Each party has contributed significant time and financial resources to the process. CSE Tasmania Pty Ltd was then engaged to develop an outline development plan incorporating these results. This together with the modifications required to the ordinance have now been completed.

Statutory Requirements The previous decision by the Commission requires Council to resubmit the documentation as requested to the Tasmanian Planning Commission. The Commission will then determine if it is suitable to be placed on public display for a further period for comment, before likely holding another public hearing into the matter.

FINANCIAL IMPLICATIONS The land owners have expressed concern regarding the financial implications of rezoning during this time of slow development. They are concerned regarding any implications for rates and land tax etc. There are no financial implications to Council.

CONCLUSION The amendments have been made in compliance with the decision of the Commission in July 2009 and the amendment is suitable to be resubmitted to the Commission as attached.

ATTACHMENTS 1. Modified Amendment

2. Outline Development Plan - Drawings

3. Outline Development Plan Text

4. Aboriginal Cultural Survey

5. Threatened Flora and Fauna Survey

6. Land Capability Assessment

7. Assessment of Climate Change Impacts

Recommendation

RECOMMENDATION That Council submit the attached documents to the Tasmanian Planning Commission for consideration.

Page 15: Devonport Council Agenda 17th December 2012

PAGE 349 Modified Amendment ATTACHMENT [1]

ITEM 8.2

AMENDMENT AM 2008/03 That the Devonport and Environs planning Scheme 1984 be amended as follows:

1. Rezone CT 131587/1, CT131587/1 and CT31881/3 to Mersey Regional Industrial Zone as shown in map attached.

Page 16: Devonport Council Agenda 17th December 2012

PAGE 350 Modified Amendment ATTACHMENT [1]

ITEM 8.2

2. Insert overlay Low Impact Area, General Impact Area, Environmental Management Area over Mersey Regional Industrial Zone as shown in map below.

4. Insert Schedule 11 as below.

SCHEDULE 11 - Mersey Regional Industrial Zone S11.1 Purpose of the Schedule S11.1.1 The purpose of this Schedule is to provide for:

(1) the manufacturing, processing, repair, storage and distribution of goods and materials that are strategically reliant on a part icular location, such as proximity to major infrastructure or materials; and

(2) Controlled Environment Agriculture (CEA); -

(3) supporting services to the operation of (1) and (2);

(4) management potential for change due to coastal environmental processes;

and

(5) protection natural and cultural values in the Mersey Regional Industrial Area.

S11.1.2 The intent is to optimise the use of available resources such as gas, water and primary produce.

Page 17: Devonport Council Agenda 17th December 2012

PAGE 351 Modified Amendment ATTACHMENT [1]

ITEM 8.2

S11.1.3 The intent of this area is not to provide for:

(1) operations that will be affected by, or impact the Pardoe Waste Water Treatment Plant; or

(2) operations that will compromise the safety of aircraft or airport operations; or

(3) general retail activity.

S11.2 Application S11.2.1 This Schedule applies to all use and development of the land indicated on the Plan as the Mersey Regional Industrial Area.

S11.2.2 The provisions of this Schedule must take precedence ov er a standard or other requirement in this Planning Scheme to the extent of any inconsistency.

S11.3. Interpretation S11.3.1 In this schedule:

Controlled Environment Agriculture means an agri cultural use carri ed out within some form of bui lt structure, whether temporary or permanent, which mitigates the effect of the natural environment and cli mate. Such agri cultural uses i nclude production techniques that may or may not u se imported growth medium. Examples include greenhouses, polythene covered structures, and h ydroponic facilities.

Equipment and Machinery Sales and Hire means use of land fo r displaying, selling, hiring or leasing plant, equipment or machinery, associated with, but not limited to, cargo-handling, construction, earth-moving, farming, industry and mining.

Food services means use of land for preparing or selli ng food or dri nk for consumption on or off the premises. Examples include a cafe, restaurant, and take-away food premises.

Manufacturing and processing means use of land for manufacturing, assembling or processing products other than Resource Processing. Exa mples include boat building, brick making, cement works, furniture making, glass manufacturing, metal and wood fabrication, mineral processing and textile manufacturing.

Natural and cultural values management means use of land to protect, conserve or manage ecological systems, habitat, species, cultural sites or landscapes.

Recycling and waste disposal means use of land to collect, dismantle, store, dispose of, recycle or sell used or scrap material. Example s include a recycling depot, refuse disposal site, scrap yard, vehicle wrecking yard and waste transfer station.

Resource development means use of land for propagating, cultivating or harvesting plants or for keeping and breeding of livestock and fishstock. If the land is so used, the use may include the handling, packing or storing of produce for di spatch to processors. Examples include agricultural use, aquaculture, bee keeping, controlled environment agriculture, crop production, horse stud, intensive animal husbandry, plantation forestry and turf growing.

Resource processing means use of land for treating, processing or packing plant or animal resources. Ex amples include an abattoir, animal saleyard, cheese factory, fish processing, milk processing, winery and sawmilling.

Page 18: Devonport Council Agenda 17th December 2012

PAGE 352 Modified Amendment ATTACHMENT [1]

ITEM 8.2

Storage means use of land for storage or wholesale of goods, and may incorporate distribution. Examples i nclude boat an d caravan storage, contractor’s yard, freezing and cool storage , liquid fuel depot, solid fuel depot, vehicle storage, warehouse and wood yard.

Transport Depot and Dist ribution means use of land for distributing goods o r passengers, or to park and garage vehicles associated with those activities. Examples include an airport, bus terminal, council depot, heliport, mail centre, railway station, road or rail freight terminal, and taxi depot.

Utilities means use of land for utilities and infrastructure including: (a) telecommunications; (b) Electricity generation;

(c) transmitting or distributing gas, oil, or power; (d) transport networks; (e) collecting, treating, transmitting, storing or distributing water; or (f) collecting, treating, or disposing of storm or floodwater, sewage, or sullage. Examples inculde an electrical substation or powerli ne, gas, water or sewerage main; optic fibre main or distribution hub, pumping station,railway line, retarding basin, road, sewage treatment plant, storm or flood water drain, water storage dam and weir.

S11.4 Structure of the Mersey Regional Industrial Zone S11.4.1 The MRIA is d ivided into three areas as shown i n Attachment 1 (Low

Impact, General Impact and Environmental Management Area). The use of land within each of the areas identified is intended to reflect its suitability for differing uses.

S 11.4.1.1 The Low Impact Area is intended to allow for a l imited range o f industrial and related activities that will not have detrimental effects on residential uses in the vicinity.

S11.4.1.2 The General Impact Area is intended to allow for industrial and related activities at locations that are unlikely to generate advserse impacts on residential amenity of the environment.

S11.4.1.3 The Environmental Management Area is intended to allow for the investigation and pro tection of environemtnal and cult ural features, and the avoidance of development in areas that are sensitive or may become affected by climate change, sea level rise or st orm surge, whilst acknowledging the continued presence of the Pardoe Waste Water Treatment Plant and the need for its possible expansi on or upgrading, including the beneficial use of treated effluent.

Table of Uses

S11.4.2 The following table shows permitted and discretionary uses for the Low Impact Area.

Permitted

Defined Use Qualification

Equipment and machinery sales and hire Heavy machinery only

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PAGE 353 Modified Amendment ATTACHMENT [1]

ITEM 8.2

Resource processing Only Level 1 (as prescribed by EMPCA)

Storage

Utilities Only Level 1(as prescribed by EMPCA)

Discretionary

Food services Only to service people working in the area

Resource Development Only CEA or braod acre farming that does not involve intensive animal husbandry or use of herbicides

S11.4.3 The following table shows per mitted and di scretionary uses for the General Impact Area.

Permitted

Defined Use Qualification

Equipment and machinery sales and hire Heavy machinery only

Manufacturing and processing

Recycling and waste disposal

Resource processing

Storage

Transport depot and distribution Only for goods

Utilities

Discretionary

Resource development Only CEA or braod acre farming that does not involve intensive animal husbandry or use of herbicides

S11.4.4 The following table shows permitt ed uses fo r the Environmental Management Area.

Permitted

Defined Use Qualification

Natural and Cultural Values

Utilities Only if a waste water treatment plant and associated infrastructure, service infrastructure, service infrastrucuture or a road

S11.4.5 All other uses are prohibited

S11.5.0 Standards for Use for MRIA S11.5.1 Airport Protection

Objective: To protect the safety of aircraft operations

Acceptable Solution Performance Criteria

A1. The use must not increase the presence of birds.

P1. No performance criteria

Page 20: Devonport Council Agenda 17th December 2012

PAGE 354 Modified Amendment ATTACHMENT [1]

ITEM 8.2

A2 The use must not produce emissions or other effects that increase air turbulence, reduce pilot’s visibility or detrimentally impact on aircraft operations.

P2. No performance criteria

A3. The use must not utilize lighting similar to runway lightning, or reflective surfaces, which could otherwise distract or confuse aircraft pilots or interfere with a pilot’s vision.

P3. No performance criteria

A4. The use must not cause interference with the airport’s or aircraft’s navigation or communication facilities.

P4. No performance criteria

A5. The use must not cause operational intrusions into the airport’s operational airspace.

P5. No performance criteria

S11.5.2 Emissions and Noise

Objective: To ensure that emissions do not detract from operations or amenity within the locality.

Acceptable Solution Performance Criteria

A1. The emission of a pollutant must not cause an environmental offence.

P1. No performance criteria

A2. A use must not generate noise that exceeds5db over background noise levels at the boundary of the area.

P2. No performance criteria

S11.6 Standards for Development for MRIA S11.6.1 Subdivision, Road Network and Infrastructure Planning for MRIA

Objective: To guide subdivision, use and development through an integrated Outline Development Plan to determine the location and standards of roads, access points and infrastructure services.

Acceptable Solution Performance Criteria

A1. An application for subdivision conforms to the road network and infrastructure layout set out in the Outline Development Plan in Attachment 1.

P1. Minor variations from the outline Development Plan in Appendix 2 in regard to the location of roads or service networks may be considered where the variation will not detract from the use and development of the subject land and the operation of the MRIA as a whole.

A2. All lots are accessed from roads wholly within the MRIA.

P2. An existing access point may be used if it does not significantly increase traffic through the access or adversely affect safety.

S11.6.2 Building design and siting

Objective: To ensure that buildings are designed and sited in a manner that respects the land use and characteristics of the surrounding area and contribute to a high st andard of amenity within the Industrial Area.

Page 21: Devonport Council Agenda 17th December 2012

PAGE 355 Modified Amendment ATTACHMENT [1]

ITEM 8.2

Acceptable Solution Performance Criteria

A1. Buildings, storage and car parking areas are to be setback a -:

(1) minimum 10m from a road frontage; and

(2) minimum 10m from a watercourse.

P1. The setback of buildings, storage and car parking areas from a road frontage or watercourse must:

1) be required by constraint imposed by size, shape, slope, orientation and topography on development of the site;

2) provide an open transitional space between the road and any industrial use on the site;

3) provide for efficient and safe arrangements for vehicles to enter and leave the site;

4) be consistent with arrangements for provision or connection of utilities;

5) be consistent with prevailing frontage setbacks for any existing or approved building or storage and car parking area on the site or adjacent land; and

6) avoid or minimise impact on any watercourse having regard to: (a) the occupational and

operational characteristics of the use or development;

(b) extent and process for clearing or disturbance of vegetation and habitat;

(c) arrangements for water quality management;

(d) adequacy and appropariateness of measures to avoid, eliminate, mitigate or manage risk to protection of the functions and values of the watercourse;

(e) the level of compliance to the methodologies and recommendations of the current edition of Wetlands and Waterways Works Manual (DPIPWE 2003).

A3. Waste storage areas, loading bays, utilities and other ancillary infrastructure

P3. Structures for waste storage, loading bays, utilities and other ancillary infrastructure, such as elevated storage

Page 22: Devonport Council Agenda 17th December 2012

PAGE 356 Modified Amendment ATTACHMENT [1]

ITEM 8.2

must be located behind the building line. bins, must be camouflaged or screened from view from the road frontage.

S11.6.4 Services

Objective: To ensure that use and development has adequate services.

Acceptable Solution Performance Criteria

A1. Electricity supply to and within the site is underground.

P1. No performance criteria.

A2. Each site must be connected to reticulated water, gas and sewerage, and provide a Stormwater and Waste Management Plan to the Council’s satisfaction.

P2. An integrated services and environmental management plan demonstrates that service provision, stormwater and waste management will be acceptable.

S11.6.5 Access

Objective: To ensure safety of traffic movements.

Acceptable Solution Performance Criteria

A1. Egress and Ingress of a site must be in a forward manner.

P1. No performance criteria

S11.6.6 Amenity of Nearby Residents

Objective: To en sure the amenity of residential uses is maintained at an acceptable level.

Acceptable Solution Performance Criteria

A1. Street lighting, floodlighting and security lighting is directed downwards and signs are not illuminated.

P1. No performance criteria

A2. No use should exceed 5db over background noise levels at the boundary of the MRIZ.

P2. No performance criteria

S11.6.7 Sediment Control

Objective: To ensure adequate environmental protection through the control of erosion and sediment.

Acceptable Solution Performance Criteria

A1. All areas of the site subject to vehicle movement or storage must be concrete, asphalted, sealed or constructed with approved slabs to Council's requirements.

P1. No performance criteria

S11.6.8 Boundary Fencing

Objective: To provide for the security of the operations in the MRIZ in a safe and visually co-ordinated manner.

Acceptable Solution Performance Criteria

A1 (a) A perimeter fence of wire mesh, metal picket or tubular steel no more than 2m high.

(b) Any internal fences no closer 10m from

P1 Perimeter fences must be predominantly transparent and of a height, material and appearance that doesn’t dominate the street or negatively impact

Page 23: Devonport Council Agenda 17th December 2012

PAGE 357 Modified Amendment ATTACHMENT [1]

ITEM 8.2

the front boundary or a natural watercourse.

on the visual amenity of the area.

S11.6.9 Landscaping

Objective: To ensure amenity of external road corridors and nearby residences.

Acceptable Solution Performance Criteria

A1. Landscaping must be:

1. provided along all boundaries of the MRIA with Brooke Street, Tea Tree Lane or Pardoe Road; and 2. non-transparent with a minimum width of 20m and a mature vegetation height of at least 10m; and

b) provided in accordance with a landscape plan and maintenance program approved by Council.

P1. No performance criteria.

S11.6.10 Climate Change

Objective: To ensure use and development are protected from any effects of sea level rise or storm surge.

Acceptable Solution Performance Criteria

A1. All buildings must:

1. Have floor levels above natural ground level; and

2. a minimum floor level of 2.9m AHD.

P1. The application demonstrates that the buildings will not be subject to damage from inundation or incorporates appropriate adaptation or mitigation measures to deal with the potential for inundation.

S11.6.11 Signage

Objective: To provide opportuniti es for the i dentification and advertising requirements of industrial uses.

Acceptable Solution Performance Criteria

A1. (a) A single information sign displaying the name of operations within the estate at each entrance; and

(b) Sign to have a maximum area of 6m2 and a maximum height of 4m.

P1. No performance criteria

A2. One wall sign per lot with a maximum area of 6m2 and one pole si gn with a maximum area of 3m 2 per s ide and less than 4m in height.

P2. No performance criteria

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ITEM 8.2

A3. Signage must not be illuminated. P3. No performance criteria

S11. 6.12 Dune System

Objective: To ensure protection of the dune system.

Acceptable Solution Performance Criteria

A1. The development does not result in any long-term detrimental change to the dune system.

P1. No performance criteria

S11. 6.13 Environmental and Cultural Values

Objective: To ensure protection of environmental and cultural values.

Acceptable Solution Performance Criteria

A1. The development does not cause any disturbance to a threatened species, vegetation community or site of cultural significance.

P1. The application must demonstrate that any disturbance to a threatened species, or site of cultural significance has approval of the appropriate authority in accordance with relevant legislation for the protection of species, vegetation communities or sites of cultural significance.

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PAGE 359 Outline Development Plan - Drawings ATTACHMENT [2]

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PAGE 366 Outline Development Plan Text ATTACHMENT [3]

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PAGE 367 Outline Development Plan Text ATTACHMENT [3]

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PAGE 368 Outline Development Plan Text ATTACHMENT [3]

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PAGE 372 Outline Development Plan Text ATTACHMENT [3]

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PAGE 374 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 375 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 383 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 387 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 388 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 393 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 395 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 410 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 411 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 414 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 450 Aboriginal Cultural Survey ATTACHMENT [4]

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PAGE 459 Land Capability Assessment ATTACHMENT [6]

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PAGE 465 Land Capability Assessment ATTACHMENT [6]

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PAGE 466 Land Capability Assessment ATTACHMENT [6]

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PAGE 468 Assessment of Climate Change Impacts ATTACHMENT [7]

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PAGE 484 Assessment of Climate Change Impacts ATTACHMENT [7]

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PAGE 485 Assessment of Climate Change Impacts ATTACHMENT [7]

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PAGE 486 Assessment of Climate Change Impacts ATTACHMENT [7]

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ITEM 8.3

8.3 PA2012.0146 Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat ramp) - Crown Reserve Foreshore behind 124 River Road, East Devonport

8.3 PA2012.0146 MISCELLANEOUS (RENOVATION OF BOAT SHED & DEVELOPMENT OF PONTOON JETTY & BOAT RAMP) - CROWN RESERVE FORESHORE BEHIND 124 RIVER ROAD, EAST DEVONPORT

File: 27727 D285317

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 It is proposed to construct a pontoon jetty and boat ramp on the Mersey River and renovate an existing boat shed on Crown land adjacent to 124 River Road, East Devonport. The purpose of this report is to determine the merits of the proposal.

BACKGROUND Planning Instrument: Devonport & Environs Planning Scheme 1984

Applicant: Tas Span Pty Ltd

Owner: Crown

Proposal: Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat ramp)

Existing Use: Crown Reserve & Mersey River

Decision Due: 17 December, 2012

SITE DESCRIPTION The site is located behind 124 River Road, East Devonport (lot 3 on the plan below) and the adjacent Crown Reserve. There is no title for the reserve which runs alongside the length of the Mersey River. The reserve has a width of approximately 25m and contains grassed areas and native vegetation, along with an existing dilapidated boat shed. The reserve falls approximately 5m from its eastern side to the riverbank on the west. The riverbank is rocky and silted. Oysters can be seen attached to the rocks on the northern side of the area at low tide and the area is seen to include a small bay.

Figure 1 – Title plan showing 124 River Road (lot 3), adjacent Crown Reserve & Mersey River

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ITEM 8.3

APPLICATION DETAILS The application is for the renovation of an existing boat shed and construction of a pontoon jetty and boat ramp. The jetty is identical to that located at Horsehead Creek and was chosen due to its suitability for the area. The jetty has a proposed length of 28.3m and the boat ramp a length of 26m. A gravel track from 124 River Road, across the Crown Reserve, is required to gain access to the proposed jetty and boat ramp.

It is proposed the existing boat shed be reclad, either in timber or colorbond.

Figure 2 below shows the approximate location of the proposed jetty in red.

Figure 2 - Aerial view showing approximate location of proposed jetty in red

PLANNING ISSUES The Crown Reserve is reserved as Public Open Space under the Devonport and Environs Planning Scheme 1984. The table to clause 2.2 of the Planning Scheme details the land reservation and the respective uses for those reservations. The relevant part of the table is shown below.

Column 1 Land Reserved and its indication on the plan

Column 2 Purposes for which land reserved

All land shown as Public Open Space (coloured mid silk green)

Botanical Gardens, Public Park and Passive Recreation, Recreational Grounds, Museums and Zoos. The installation of Utility Services (minor), Private Recreation

The following restrictions apply to reserved land:

2.3.1 No person shall construct a building or carry out any works upon any piece of land reserved by this Scheme other than for the purposes prescribed under Clause 2.2 for such land.

2.3.2 No land reserved under this Scheme shall be spoiled or wasted so as to destroy or impair its use for the purposes for which it is reserved.

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ITEM 8.3

2.3.3 Nothing in this Clause shall be construed as prohibiting the reasonable fencing of land.

2.3.4 Until the land is acquired or obtained for the purposes prescribed under Clause 2.2 nothing herein shall prohibit the continuance of the use of any reserved land for any purpose for which it was lawfully used immediately before the approved date.

The boat shed built on the Crown Reserve was constructed prior to the introduction of the current Planning Scheme. It has existing use rights which mean the use can continue although it cannot be intensified, as per Part 4 of the Planning Scheme. It is proposed merely to reclad the boat shed due to its dilapidated state.

The Mersey River is uncoloured under the Devonport & Environs Planning Scheme and is therefore deemed to be a Rural zone (Central Coast Council v Resource Management and Planning Appeal Tribunal [2007] TASSC 41, 20 June 2007).

Section 8.7.1 of the Devonport and Environs Planning Scheme 1984 states that this zone is primarily intended for Agricultural Uses.

Private boat ramps and jetties are not specifically defined as uses in the Planning Scheme and therefore ‘miscellaneous’ is deemed to be the best fit. The Planning Scheme defines miscellaneous as any use of land which is not specifically defined.

The Planning Scheme is silent in regard to the assessment of miscellaneous use and development in the rural zone and therefore Section 6.2 must be relied on to provide guidance. Section 6.2 of the scheme is reproduced below:

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;

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;

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;

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;

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;

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;

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;

6.2.11 the desirability of preserving any existing buildings considered to be of historical or architectural interest and the effect of the proposed development on the

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ITEM 8.3

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.

The proposal is subject to both the State Coastal Policy 1996 and the State Policy on Water Quality Management 1997. Representations Five representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. The representations are reproduced below.

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ITEM 8.3

6 Enderly Court

Ambleside 7310

General Manager

Devonport City Council

Dear Sir,

Re: PA2012.0146 – CROWN RESERVE FORESHORE BEHIND 124 RIVER ROAD EAST DEVONPORT – MISCELLANEOUS (RENOVATION OF BOAT SHED AND DEVELOPMENT OF PONTOON JETTY AND BOAT RAMP)

At this stage I must oppose the development. My major concern is that this major structure planned for private use only projects itself into the main channel of the river. At low tide this channel is not very wide so it should be left clear at all times for all the other various users of the river. For this 30 metre plus jetty to be placed where it is creates a hazard for other craft that need to keep in the deep water is a most undesirable project.

I note that many high speed vessels travel close along that particular shore where the main channel runs. I often feel vulnerable in my small dinghy when travelling in that area of the river, particularly from these new type high speed jet craft.

The major problem with the application is that it does not show the location of this main channel. A cross section drawing of the river at that point is necessary to properly evaluate my concern.

Further to that the drawing supplied by the applicant is not accurate in a number of ways. For instance it shows the high tide line approximately 11 metres from the existing timber boat shed when the high tide actually comes to within about 1 metre from the shed, this is a significant error. I also believe that the low tide line is also inaccurate, that line is shown indenting in the vicinity of the proposed jetty structure when my observations indicate that the low tide line in that area is more of a straight line. This is important because the nature of that line determines how much the jetty protrudes into the route taken my many river craft.

I would be prepared to review my objections if accurate plans and a river cross section are provided.

I take it that there will be no obstructions created by the project to any people travelling along the foreshore reserve.

Yours faithfully

Peter Schulze

22 Novemberv2012

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Dear Sir, I would like to object to the planning application (No: PA2012.0146). As a boat and jetski user of the Mersey river, this pontoon will put a speed restriction on all users for this part of the river, according to the MAST regulations. It will also impede on the power boat racing and boat testing days. Also i think you will find, the so called 'rocky outcrops', are only seen at low tide, and at high tide they are quite safe to navigate over, which means if the pontoon is there, it will obstruct river usage in this area because it will stick out almost 30 metres into the river at high tide. Yours sincerely, Mark Templar 6 Ambleside Place Ambleside 7310 Ph. 0408 122 221

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

Concerns that jetty will restrict the use of the river.

Comment – Representors are concerned that the jetty will restrict the use of the river for both powered and unpowered craft. Onsite inspections at both low and high tide reveal that the impact of the proposed jetty will be minimal. The photo below shows the approximate extent of the jetty at high tide marked by a buoy and highlighted by a black arrow. The two red arrows mark the location of the rocky outcrops shown on the plans and the white arrow shows the location of a rock approximately 20cm below the water level at high tide.

Figure 3 - Photo of subject site showing approximate location of extent of jetty (black arrow) rocky outcrops

(red arrows) and rock approximately 20cm below water level at high tide (white arrow)

The jetty will create a hazard to boats using the channel at low tide.

Comment – At low tide the jetty will extend approximately 4m into the river, similar to the jetty at Horsehead Creek. Photos of both low tide at the subject site and at the Horsehead Creek site are shown in Figures 4 & 5 respectively.

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Figure 4 - Photo taken at low tide showing approximate extent of jetty (black arrow), rocky outcrops (red arrows) and rock which is submerged approximately 20cm below water level at high tide (white arrow)

Figure 5 - Photo of Horsehead Creek jetty at low tide

Plans drawn inaccurately

Comment – The proposal plan, as shown in Figure 6 below appears to reflect the situation observed onsite in regard to the boat ramp and jetty. The existing boat shed however does appear to be closer to the western boundary of the foreshore reserve when onsite.

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Figure 6 - Proposal plan

Pontoon will put a speed restriction on all users as per Marine and Safety Tasmania (MAST) regulations

Comment – MAST requires all recreational vessels to observe the following speed limits:

No boat shall exceed a speed of 5 knots when within 60 metres of a wharf, jetty, mooring, the shoreline or other boat.

No boat shall exceed a speed of 5 knots when within 120 metres of a person swimming, a person diving (displaying the A flag) or a person wading in the water (http://www.MAST.tas.gov.au).

As can be seen from the photos in Figures 4 & 5 the shoreline extends for a similar distance into the river as the proposed jetty in various locations. In light of this speed limits will not alter substantially as there is insufficient distance between protrusions to increase speed.

Rocky outcrops are only seen at low tide and are safe to navigate over at high tide

Comment – As shown in Figure 4 the rocky outcrops shown on the proposal plan are clearly visible at high tide. Some sections of the rocks are safe to navigate over at high tide while others are not.

No public benefit

Comment – While there may be no direct public benefit as a result of the proposal there is also no detriment to the public. During discussions with the owner he did comment that any passing boats would find it easier to come alongside a jetty rather than the shore should they need to for any reason.

Significantly change the appearance of the current, almost natural, state of the foreshore

Comment – The foreshore already contains several boat ramps, a small jetty, and the boat shed in the area of the proposal (see Figure 7).

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Figure 7 - Subject site (yellow arrow) and existing boat ramps and jetty (red arrows)

Approval will set a precedent for other similar approvals

Comment – Planning legislation does not enable individual applications to set a precedent as each application must be assessed on its merits.

Access along the foreshore will be blocked

Comment – It will be a requirement of the proposal that access along the foreshore be maintained.

A vessel moored at the end of the jetty will extend the length of the jetty.

Comment – The owner of 124 River Road does not intend to leave a vessel moored to the jetty due to the currents in the area. Should this change in the future MAST is the body responsible for moorings.

Boat ramps owned by MAST must be cleaned regularly. Does this also apply to private owners and who monitors this?

Comment – It is unknown whether this requirement applies to private owners however it would be their responsibility to ensure the ramp is clean if required. It is acknowledged that should the owner wish to use the ramp it would be in his best interests to ensure it remains clean.

Who assumes responsibility for the structure if subsequent property owners have no interest in the boat ramp/jetty?

Comment – It is likely that the boat ramp and jetty would be a selling point for the property. However, if subsequent owners had no interest in the infrastructure it would remain their responsibility to maintain.

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COMMENTARY As stated earlier the proposal must be assessed against section 6.2 of the Planning Scheme. Each clause of the scheme is reproduced below and addressed.

6.2.1 the provisions of this Scheme;

There are no specific provisions under which to assess the application other than the Part 6 provisions.

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;

Not applicable.

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;

The proposal will not alter the character of the locality. There is a similar jetty opposite, at Horsehead Creek, and a number of boat ramps and a small jetty in close proximity to those proposed.

6.2.4 the availability of existing public utility services and roads;

Not applicable.

6.2.5 the size and shape of the parcel of land;

The size and shape of the land is suitable for the development proposed.

6.2.6 the provisions of access, and areas for loading, parking and the manoeuvre of vehicles;

Access will be gained to the boat ramp, jetty and boat shed via 124 River Road. There is sufficient space on this lot for loading, parking and the manoeuvre of vehicles.

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;

A detailed flora and fauna habitat study was completed for the site. It was identified that the Crown reserve contains a threatened vegetation community being Eucalyptus ovata Forest and Woodland. This community consists of Eucalyptus ovata being the dominant tree with an understorey of Melaleuca ericifolia.

Three specimens of Melaleuca ericifolia will be required to be removed to provide access from 124 River Road to the site. To off-set this it was recommended that the property owner manage and control the environmental weeds identified in the Crown reserve and plant and establish new trees of Melaleuca ericifolia and Eucalyptus ovata within the Crown reserve.

6.2.8 the circumstances of the case and the public interest;

While the proposal has created public interest it is deemed that the development will not negatively impact on the public. The main concerns raised are in regard to restricted use of the river and foreshore. Inspections of the site have revealed that the proposal will not impact on the public’s ability to either use the river or gain access across the foreshore.

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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;

The boat shed is existing and is well screened by the existing vegetation.

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;

There is no need to impose limits on when the infrastructure can be used.

6.2.11 the desirability of preserving any existing buildings considered to be of historical or architectural interest and 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.

There are no buildings of historical or architectural interest in the vicinity.

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

The proposal will not impact the views from any adjacent or nearby premises.

6.2.13 the requirements of any State Policy;

The proposal complies with the requirements of the both the State Coastal Policy 1996 and the State Policy on Water Quality Management 1997.

6.2.14 any other provisions under the Act.

Not applicable.

Permission from Crown Land Services is required to enable a development application to be made in regard to Crown land. Consent was made on 15 August, 2012.

The application detail was referred to Marine and Safety Tasmania who stated that it has no issues with the proposal.

The proposed pontoon jetty was chosen by the applicant as it is the same as that installed at Horsehead Creek and is proven to be suitable for the area. As it is a floating jetty it will not impact sand deposits or alter the impact of the tide.

FINANCIAL IMPLICATIONS No financial implications are predicted.

CONCLUSION The proposal has been assessed by Council’s Development and Assessment Review Team and is recommended for approval.

ATTACHMENTS 1. Application Detail - PS2012.0146 - Renovation of boat shed and development

of pontoon jetty and boat ramp

2. Flora and Fauna Habitat Survey - PA2012.0146 - Renovation of boat shed and development of pontoon jetty and boat ramp

Recommendation

RECOMMENDATION That Council, pursuant to the provisions of the Devonport and Environs Planning Scheme

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1984 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2012.0146 and grant a Permit to use and develop land identified as Crown Reserve Foreshore behind 124 River Road, East Devonport for the following purposes:

Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat ramp)

Subject to the following conditions:

1. The Use and Development is to proceed generally in accordance with the submitted plans and documentation referenced as TS10-29-T s1 sheets 1 & 2 of 2 dated 01/08/12 and Report for DCC Planning Committee dated 02/11/12 by Tas Span Pty Ltd and Flora and Fauna Habitat Survey dated 9 October, 2012 by Philip Milner Landscape Consultant Pty Ltd, copies of which are attached and endorsed as documents forming part of this Planning Permit.

2. The developer is to ensure access along the foreshore is maintained to its current standard.

3. The developer is to plant and establish new trees of Melaleuca ericifolia and Eucalyptus ovata within the Crown reserve.

4. The property owner is to ensure environmental weeds identified in the Crown reserve are controlled.

5. The developer is to install appropriate erosion control devices adjacent to the concrete boat ramp to minimise erosion from concentrated water flow to the satisfaction of Council.

6. The developer is responsible for removing any spoil, waste or material generated by this development from the beach area at the conclusion of the works. Conditions are to be returned to an equal or better standard as were evident pre-construction.

7. Concrete is at all times to be pumped onto the development site. Vehicles are not permitted to traverse the beach area.

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ITEM 8.4

8.4 Removal of Part 5 Agreement 110 Sheffield Road - Spreyton

8.4 REMOVAL OF PART 5 AGREEMENT 110 SHEFFIELD ROAD - SPREYTON

File: 24454 D284272

RELEVANT PORTFOLIO Technical and Finance

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

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

PURPOSE Council by resolution at its 19 November meeting required Council Officers to investigate the possibility of ending the Part 5 Agreement applying to the land owned by RM & AM Snell at 110 Sheffield Road, Spreyton and to report back to Council for a decision at the December 2012 Council meeting.

BACKGROUND The land was subject to a combined application under s.43A of the Land Use Planning Approvals Act 1993 to rezone the land from Rural to Closed Residential and subdivide into four lots in April 2009. The final permit endorsed by Council and the Tasmanian Planning Commission was for a Part 5 Agreement to be established between the Council and the developer to ensure (in part) that the residential development on the lots didn’t allow habitable rooms within 25m of the western boundary of each lot.

In July this year the owner applied to Council for a minor amendment to the planning permit for the subdivision to remove the condition requiring the 25m separation. This application was reported to the 20 August meeting recommending refusal and Council agreed with the recommendation.

COMMENTARY The owner has consequently sought legal advice (October 2012) from Mr Don Armstrong which generally indicates that if Council believe the circumstances have changed sufficiently so that the requirements of the Part 5 Agreement are no longer appropriate then the provisions of the Land Use Planning Approvals Act 1993 can allow the Agreement to be brought to an end.

Section 74(3) of the Act reads as follows:

“An Agreement may be ended by the Planning Authority with the approval of the Commission or by agreement between the authority and all persons who are bound by any covenant in the agreement”.

The question really is, have circumstances changed sufficiently?

The following details are submitted for Council consideration.

1. The April 2009 the applicant’s consultant submitted that land to the west is a rural zoned property known as 114 Sheffield Road, which is used for grazing sheep immediately behind the subject property, with an apple orchard and paddocks further to the west.

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2. An aerial overview of the land taken in 2006 confirms that there certainly was an orchard immediately to the west of the subject land but at the time of the aerial photograph being taken (refer to photo below) was in the process of having the trees removed and pushed into piles for disposal.

Aerial photograph – May 2006 (Dekho) 3. So in effect the 25 metre buffer strip which was included as a condition on the June

2009 subdivision permit was due to the potential conflict between the current adjoining rural land and the proposed residential subdivision.

4. It is clearly not the case that when Council approved the subdivision that the orchard was in operation and only ceased after the subdivision was approved.

5. Mr Armstrong’s advice to Mr Snell was that “if the circumstances have changed sufficiently” then the Part 5 Agreement could be brought to an end.

6. The photograph clearly indicates that this doesn’t appear correct because the orchard had already been removed 3 years before the application.

Whilst Mr Snell has provided legal advice stating a case that a change could be made, a strong alternative view could also be put.

However regardless of the legalities of whether or not a change is possible; from a planning perspective Officers maintain that the condition is appropriate. This view was also supported when the case was tested with the Tasmanian Planning Commission.

FINANCIAL IMPLICATIONS There are no financial implications for Council.

CONCLUSION The matter has been reviewed and it is considered that there is a strong argument that circumstances have not changed sufficiently such that the Part 5 Agreement can be brought to an end under Section 74(3) of the Land Use Planning Approvals Act 1993.

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Irrespective of whether a change could be made, the condition is still considered appropriate and it is not recommended that any change be made.

ATTACHMENTS Nil

Recommendation

RECOMMENDATION That the report be noted and the Part 5 Agreement on land at 110 Sheffield Road, Spreyton remain unchanged.

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ITEM 8.5

8.5 Draft Interim Planning Scheme - City of Devonport

8.5 DRAFT INTERIM PLANNING SCHEME - CITY OF DEVONPORT

File: 27933 D284571

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 for Council to resolve to provide to the Minister for Planning the Draft City of Devonport Interim Planning Scheme 2013.

BACKGROUND On 24 September 2007, Devonport Council signed a memorandum of understanding with the State Government and the other eight Councils of the North West coast to participate in a State Funded Project called a “Regional Approach to Consistent and Contemporary Planning Schemes”.

The outcomes of this project were intended to be:

– A contemporary Planning Scheme for each Council

– Coordinated regional land use planning outcomes

– Uniformity of Planning Schemes

• Consistent format and structure

• Common core objectives and provisions

– Structured arrangement for periodic review

Since 2007, Devonport City Council staff have been working together with planners from the other eight Councils, under the leadership of a steering committee to achieve these results. In 27 October 2011, “Living on the Coast – The Cradle Coast Regional Land Use Planning Framework” was declared as the strategic document determining land use outcomes for the region. Since this time, work has focused on writing a regional template upon which each Council can base a new contemporary Planning Scheme. This template was released to Council’s in November 2012 for this purpose.

Prior to 2007, Devonport City Council was working towards replacing its current Planning Scheme with a new one through the “normal” Division 1 scheme replacement process.

COMMENTARY Regional template Council has agreed that the current Devonport and Environs Planning Scheme 1984 be replaced with a Planning Scheme that is consistent as much as possible with other Planning Schemes across the region. Utilising the Cradle Coast Region Template Planning Scheme as a basis for preparing each Planning Scheme will result in a high consistency between Planning Schemes by eliminating unnecessary differences between them. The

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Cradle Coast Region Template Planning Scheme is formatted and structured in accordance with Planning Directive 1, and contains all the mandatory State initiated planning provisions, including for single dwelling suburban development and management of bushfire risk. The regional template planning scheme also contains a comprehensive set of standards intended to regulate all land use and development where there is no need for differences across the region. It is appropriate that the new Devonport Planning Scheme be prepared from this regional template.

In addition to the standards contained within the regional template, each Council is able to add local provisions where necessary to control a local land use or development opportunity.

The Interim Planning Scheme Process The Minister of Planning has indicated that it is his preference that replacement Planning Schemes are to be introduced as interim Planning Schemes in accordance with the statutory process contained within the Land Use Planning and Approvals Act 1993 (LUPAA).

The interim planning scheme process is intended to enable relatively rapid introduction of new Planning Schemes based on a regional template. It is this process that has been chosen and legislated by the State. The assessment process for an interim planning scheme varies significantly from that of a “traditional” planning scheme assessment under Part 3, Division 1 of the LUPAA.

Advice received from the Tasmanian Planning Commission in August 2012 has indicated that the interim planning scheme process only provides opportunity for rezoning where it is reasonably necessary or supported by the regional strategy. It does not allow for “active” rezoning where the Council intends to identify a new strategic purpose for a particular piece of land. It is this inability to “actively rezone” land that has the potential to compromise one of the objectives that Devonport Council had wished to achieve out of this process, in that it was the desire of Devonport to update its Planning Scheme maps to reflect the various strategic documents that Council has adopted over the past 6 years.

However direct translation of a 1984 planning scheme into the new template is not straight forward and some “rezoning” is required such that the strategies called up by the current scheme and the regional strategy are imparted.

The interim Planning Scheme assessment process begins with the Council providing a draft scheme to the Minister of Planning. On receipt of the draft Planning Scheme, the Minister with assistance from the Tasmanian Planning Commission will undertake an assessment to determine if the scheme complies with statutory requirements and is operationally competent. This assessment may result in the Minister requiring changes to the draft document in order to meet the statutory requirements of the LUPAA. It is at this stage, that it is likely that any active rezonings proposed by Council will be identified and likely removed from the draft Planning Scheme, either through negotiation between the Minister and Council or with the powers resting exclusively with the Minister to declare, requirement amendment or otherwise refuse an interim planning scheme.

It is anticipated that the assessment and declaration process could take up to six months. In order to enable smooth administration of this process, it is recommended that the Council authorise the General Manager to make any inconsequential amendments required by the Minister of Planning in order to speed up the declaration process. Once the Minister is satisfied that the draft planning scheme complies with the requirements of LUPAA, he will declare it as the interim planning scheme for the municipality. When declared, the City of Devonport Interim Planning Scheme comes into effect and replaces

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the Devonport and Environs Planning Scheme 1984 as the planning scheme against which land use and development applications are assessed.

Copies of the ordinance, plans & supporting document are available in the Aldermen’s room but are to be kept confidential at this stage.

It is proposed that all nine Councils of the north west coast will submit a draft interim planning scheme to the Minister of Planning prior to Christmas 2012.

Community Consultation Declaration of the Planning Scheme also begins the statutory consultation and assessment period in which the community is provided opportunity to comment on the City of Devonport Interim Planning Scheme.

There is a commitment by the Cradle Coast Authority on behalf of the Councils to coordinate and educate the community on the assessment process. Council’s communication team will work closely with the Cradle Coast Authority to ensure the message is spread within the Devonport municipality.

There is no formal statutory opportunity for consultation to occur prior to declaration, however the statutory process does not prevent the Council from undertaking an informal consultation period prior to this, should it choose to. Risks of an informal consultation period include confusing the public as to when is the appropriate opportunity to be heard, and also releasing a draft document that is likely to be changed by the Minister between Council’s draft submission and the formal declaration.

The risks of no public consultation, is that the public may be unaware of changes that could affect their ability to use or develop their land until such time as they are put in place. This could affect landowners and investors willingness to continue to invest in the area until such time as they are aware of the likely future rules that apply within the municipality.

Representations received during the notification period must assessed by the Council and feedback provided to the Tasmanian Planning Commission. The Tasmanian Planning Commission will then hold a hearing into the representations received.

It is important to note that the majority of provisions contained within the Draft City of Devonport Interim Planning Scheme 2013 will be common regional provisions and will be assessed on a regional basis. Therefore representations made within other jurisdictions may also influence the final version of the local planning scheme.

FINANCIAL IMPLICATIONS Whilst not specifically identified in the 2012/2013 annual budget, there are sufficient funds in both the staff wages and consultant budget for Council to continue to support this process.

CONCLUSION Devonport City Council has an opportunity to update its current planning scheme in accordance with a regional template, through which regional inconsistency will be removed unless there is adequate reason otherwise. The Minister has determined that this to occur through the interim planning scheme process in which the statutory public consultation occurs once the instrument is declared as a functioning interim planning scheme.

ATTACHMENTS

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ITEM 8.5

Nil Recommendation

RECOMMENDATION 1. That Council determine:

a) pursuant to section 30D Land Use Planning and Approvals Act 1993 to provide to the Minister for Planning a draft Interim Planning Scheme for the Devonport municipal area; and

b) the City of Devonport draft Interim Planning Scheme include –

i. all of the mandatory content required in accordance with section 30E Land Use Planning and Approvals Act 1993;

ii. all of the common local provisions contained in the Cradle Coast Region Template Planning Scheme applicable for the City of Devonport municipal area;

iii. the local provisions required for the specific circumstances and conditions of the City of Devonport municipal area; and

iv. the maps, including the zoning maps, that indicate the land to which the provisions of the draft City of Devonport Interim Planning Scheme are to apply; and

2. that the Council authorise the General Manager to make such inconsequential amendments to the provisions of the draft City of Devonport Interim Planning Scheme as may subsequently be required by the Minister for Planning.

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ITEM 9.1

Notices of Motion

9.0 NOTICES OF MOTION 9.1 Reconsideration of Rate Penalty - 2013/2014 Budget Deliberations - Notice of Motion - Ald S L Martin

9.1 RECONSIDERATION OF RATE PENALTY - 2013/2014 BUDGET DELIBERATIONS - NOTICE OF MOTION - ALD S L MARTIN

File: 26370 D284622

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

Recommendation

MOTION “That Council reconsider the current rate penalty (10%) applied to overdue rate payments during the 2013/2014 budget deliberations.”

GENERAL MANAGER’S COMMENTS Section 128 of the Local Government Act 1993 permits Council to apply a penalty on ratepayers who are late in making their payments as follows:

“(1) If any rates or instalments are not paid on or before the date they fall due, a Council may:

(a) Impose a penalty not exceeding 10% of the unpaid rate or instalment; or

(b) Charge a daily interest not exceeding the prescribed percentage in respect of the unpaid rate or instalment for the period for which it is unpaid; or

(c) Impose a penalty and charge interest as specified in paragraphs (a) and (b).

Council’s Rates Resolution for the 2012/2013 year stated (vide Resolution No 160/12):

“5.7.1 Pursuant to Section 128 of the Local Government Act 1993 if any rate or instalment is not paid on or before the date it falls due, then there is payable a penalty of 10% of the unpaid rate or instalment.”

Council will recall that during the Budget Workshops as part of this process, this issue was discussed and the above change was made from that which was in place for previous years and specifically the Rates Resolution for the 2011/2012 year (vide Resolution No 202/11) read:

“5.7.1 Pursuant to Section 128 of the Local Government Act 1993 if any rate or instalment is not paid on or before the date it falls due, then there is payable a penalty of 10% of the unpaid rate or instalment, calculated from 31 May 2012.”

In deciding to change to the new arrangement, Council was concerned that the previous arrangement encouraged clever people to use Council as a cheap means of finance for eleven months and would pay on 31 May thus avoiding the penalty.

Council was concerned from an equity stand point that a majority of ratepayers were meeting their obligations on or before time and a minority were gaining an unfair advantage.

The change was also made to help improve Council’s cashflow.

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ITEM 9.1

It is NOT possible for Council to rescind (overturn) it’s Rates Resolution because it has been put into effect. However, it would be appropriate for Council to review this Section of its Rates and Charges Policy in adopting its 2013/2014 Budget.

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ITEM 9.2

9.2 Discount on Full Payment of Rates - Notice of Motion - Ald S L Martin

9.2 DISCOUNT ON FULL PAYMENT OF RATES - NOTICE OF MOTION - ALD S L MARTIN

File: 26370 D285075

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

Recommendation

MOTION “That Council provide a 3% discount for full/total payment of Council rates by the 31 August annually, commencing with the 2013/2014 financial year.

GENERAL MANAGER’S COMMENTS This issue was considered during the preparation of the 2012/2013 Budget and Council resolved that it would not implement a discount scheme.

Should Council wish to review the issue, then the appropriate time to do so would be at the time of considering its 2013/2014 Budget.

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ITEM 9.3

9.3 Removal of Penalty - Overdue Rate Instalments - Notice of Motion - Ald G F Goodwin

9.3 REMOVAL OF PENALTY - OVERDUE RATE INSTALMENTS - NOTICE OF MOTION - ALD G F GOODWIN

File: 26370 D284448

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

Recommendation

MOTION “That Council delete the 10% penalty applied to overdue rate instalments and reinstate the original system, that 10% is applied, if the rates are not paid in full by 31 May of the fiscal year.”

GENERAL MANAGER’S COMMENTS Please refer to the comments for Agenda Item 9.1.

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ITEM 9.4

9.4 Feasbility of Leasing Council land to TT Line for Car Parking - Notice of Motion - Ald L M Laycock

9.4 FEASBILITY OF LEASING COUNCIL LAND TO TT LINE FOR CAR PARKING - NOTICE OF MOTION - ALD L M LAYCOCK

File: 14285 D285111

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

Recommendation

MOTION “That this Council meets with TT Line and prepares a report on the feasibility of leasing Council land adjacent to TT Line marshalling yard for parking.”

SUPPORT Cars, vans etc are queuing while waiting for the gates into the marshalling yard to open at 5.00pm. This causes problems with tourists and locals wanting to access local shops.

In one instance during the daylight crossings and with the possibility of one ship being a little late there could be hundreds of cars arriving and departing this area. We do have a free carpark but that fills up fairly quickly and there is not enough parking in this park for larger vehicles eg caravans and trailers.

GENERAL MANAGER’S COMMENTS This item does not require qualified advice as per Section 65 of the Local Government Act 1993.

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ITEM 10.1

Mayoral Report

10.0 MAYORAL REPORT 10.1 Mayor's Monthly Report

10.1 MAYOR'S MONTHLY REPORT File: 22947 D285299

RELEVANT PORTFOLIO Mayoral Report

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

Strategy 5.3.2 Provide appropriate support to elected members to enable them to discharge their functions

Purpose To detail meetings and functions attended by the Mayor during the month of November, 2012.

BACKGROUND This report is provided by the Mayor to provide a list of meetings and functions attended by him for the month of November, 2012.

COMMENTARY In his capacity as Mayor, Alderman Steve Martin attended the following meetings and functions during the month of November, 2012.

Citizenship administration meeting TCCI Freight, Transport & Logistics forum – Launceston Resident meetings Ambleside-Panorama Heights Neighbourhood Watch – guest speaker Fairfax CEO Phil Leersen Their Royal Highnesses Diamond Jubilee Reception – Hobart Sister Cities briefing Movember promotion, men’s health – Advocate Remembrance Day welcome speech, Cenotaph. Sister Cities Welcome Reception Sister Cities Conference Opening Ceremony – His Excellency, Governor of Tasmania,

the Hon. Peter Underwood AC. Sister Cities forums Sister Cities Conference Gala Dinner Mersey Bluff Working Group Chat n Choose Devonport City Focus Group AusStar weather interview Health Forum – Ulverstone North West Region Economic Development Plan release – Latrobe Mersey NRM AWU Arthur Pieman rally – Burnie Opening ‘Mike Downie View’ – Ulverstone Opening New Wharf Precinct – Ulverstone Food for All Tas grant meeting

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ITEM 10.1

Movember promotion Spreyton Cider tour Briefing Clayton Reserve – burrowing crayfish Mersey Bluff Working Group Radio 7AD interview LGAT meeting – Devonport Strategic Sport & Recreation Special Committee Devonport Agricultural & Pastoral Show Society Clayton Reserve Burrowing Crayfish Open Day Korean War Medal presentation – Keith Yaldwin Fairfax Phil Leersen & Julian O’Brien Chicken Treat William Street Crossing – DIER, Education Dept, Road Safety. Australian Masters Games CMBA Breakfast Citizenship Ceremony 2012 Sustainable Community Awards – Wynyard Australian Army Cadets, Alpha Company Dinner – guest speaker Costa Logistics Kommunity Kids DCC Weed Strategy Annual Review Andrew Wilkie MP – Canberra Craig Carmody, Office of Anthony Albanese MP – Canberra Sid Sidebottom MP – Canberra Jess Finlay, Office of Warren Truss MP - Canberra Wendy Black, Office of Greg Hunt MP – Canberra Tony Fleming, Office of Peter Dutton MP - Canberra Murray Cranston, Office of Tony Abbott MHR – Canberra Keep Australia Beautiful Sustainable Cities Awards – Sydney Devonport Show

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 Nil

Recommendation

RECOMMENDATION That the report advising of the Mayor’s meetings and functions for the month of November 2012 be received and noted.

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ITEM 11.1

General Manager's Reports

11.0 GENERAL MANAGER'S REPORTS 11.1 Elected Members Expenditure Report

11.1 ELECTED MEMBERS EXPENDITURE REPORT File: 22947 D285301

RELEVANT PORTFOLIO General Manager

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

Strategy 5.3.2 Provide appropriate support to elected members to enable them to discharge their functions

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 November:

Mayor Steve Martin $ 36.30 Mobile telephone expenses $ 50.00 Donation towards East Devonport Primary School Presentation Day

Aldermen $ 878.27 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.

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

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

ATTACHMENTS Nil

Recommendation

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ITEM 11.1

RECOMMENDATION That the report advising of Mayoral and Aldermanic Expenditure for the month of November 2012 be received and the information noted.

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ITEM 11.2

11.2 Water Sewerage Corporation - Constitution

11.2 WATER SEWERAGE CORPORATION - CONSTITUTION File: 27057 D285563

RELEVANT PORTFOLIO General Manager

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

Strategy 5.1.1 Promote open communication and cooperation with Local and State governments in regional initiatives

PURPOSE To enable Council to endorse the Constitution and draft Shareholders’ Letter of Expectation (SLE) for the Tasmanian Water and Sewerage Corporation Pty Ltd.

BACKGROUND As Council is aware, there has been a majority agreement by the 29 owner Council’s of the four Water and Sewerage Corporations to combine them to create one such Corporation for the State. The ownership of the Corporation being in the hands of Local Government.

On 21 November 2012, legislation was passed in the Upper House of State Parliament which established the Tasmanian Water and Sewerage Corporation (the Corporation)’ the legislation provided for the transfer to the Corporation of the assets and liabilities of the four existing Corporations established under the Water and Sewerage Corporations Act 2008.

In an email dated 23 November 2012 Mr Allan Garcia, Chief Executive Officer of the Local Government Association of Tasmania (LGAT), advised that prior to passing the legislation, one minor amendment was made to the objectives of the Corporation contained in the legislation. In effect, this change is an acknowledgement that the Corporation has a role to serve its customers.

The actual wording is as follows:

“(iii) to deliver water and sewerage services to customers in the most cost-efficient manner”.

Mr Garcia is of the opinion that the amendment is not material and should not concern Councils in terms of significance, or impact in relation to the constitution or the legislation.

All Councils across the State are required to consider and make decisions on a number of issues in relation to this reform at their December meetings. This is the timetable that has been agreed to by all parties in order to see that reform take effect on the allotted date of 1 July 2013. The decisions are namely:

Resolving to become a member of the Water and Sewerage Corporation;

Resolving to agree to the constitution in the terms contained in it and agree to ratify the constitution following registration of the Corporation; and

Resolving to agree to the Draft Shareholders’ Letter of Expectation and in doing so acknowledging that it must be finalised in consultation with the Board of Directors once the Corporation is registered.

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ITEM 11.2

COMMENTARY This current process is not intended to solicit more comment on the constitution or propose further amendments. It is intended to have Councils accept this constitution as the constitution for the new Corporation as discussed at the LGAT General Meeting held on 21 November 2012.

In his email, Mr Garcia states:

“As you are aware, there are provisions in the constitution to allow for its later amendment after incorporation, but this current process is intended to enable the incorporation to actually occur. All matters raised by Councils have been taken on board and carefully considered in reaching this final version of the document.

I have also included for your reference a copy of a letter that must be returned to LGAT confirming Council’s agreement to be a member of the new corporation. Another copy of the constitution (which has now had included within the objectives, the amendment passed in the Parliament) and another copy of the draft SLE (which you already have).

It should be noted that while there are references in the SLE to both issues of concessions for NFPs and a requirement to address the matter of the role of the corporation in relation to economic development, neither of those have been finalised at this time. A working group has been established to consider the former and some work is about to commence on an outline of the latter. Councils should not be concerned at this time that these matters do not have the requisite detail within the SLE and there will be adequate opportunity to further address and discuss these matters prior to finalisation. The significance of the sign off of the draft SLE at this time is to allow it to be included within the recruitment packages for directors to enable applicants to gauge the broad expectations of owners.”

In order to facilitate this outcome, LGAT has held briefings on 28, 29 and 30 August 2012 throughout the State for elected members, General Managers and relevant staff to outline the details of the draft legislation, the development of the constitution and the timetable for the reform process.

Further LGAT briefings to discuss the amendments constitution needed following the first round of briefings were held on 11 and 13 September 2012.

At the LGAT General Meeting held on 21 November 2012, attendees noted the status of the legislation; gave consideration to the formal sign-off on the constitution of the corporation to allow the document to be forwarded to December meetings of Councils for formal agreement to the terms of the document and gave in-principle support for the draft Shareholders’ Letter of Expectation.

Copies of the Constitution, draft Shareholders’ Letter of Expectation and draft decision letter are attached for Council’s information.

Council will recall that at its Meeting held on 17 September 2012 appointed Alderman Goodwin as its Owner Representative to the Owners Representatives’ Body (ORB), with Alderman Wilson appointed as proxy Representative. A meeting of the ORB was held on 3 December 2012 and Alderman Goodwin provided an update at the Council Workshop on 10 December 2012.

FINANCIAL IMPLICATIONS This report does not create any implications to Council’s 2012/2013 Budget.

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ITEM 11.2

RISK IMPLICATIONS Political/Governance

Not agreeing to pass the suggested resolutions places at risk Council’s continued ownership of a significant amount of assets paid for by the ratepayers of Devonport.

Financial If Council was to decide that it did not want to be a part of the new corporation, it would place at risk future dividends, tax equivalents and the like, from the corporation, currently budgeted at $1,100,000 for the 2012/2013 financial year.

Communication/Reputation A decision not to be part of the corporation would place Council at significant risk of negative feedback, comment and perception within the Devonport community.

CONCLUSION Whilst Devonport and the other North-West Councils initially objected to the formation of a single Water and Sewerage Corporation for the State, there has been a significant amount of work by all 29 Councils to reach this point.

This has involved extensive negotiation and consultation with the Councils on the constitution and the majority of the issues raised at briefings have been taken into account in the final draft.

The SLE has been modified to have the Corporation take into account the economic and social outcomes of their decisions expected by the Owners. A working party, of which the General Manager is a member, has the brief to work through alternative solutions to address this issue and to report back to the ORB. Cradle Mountain Water (CMW) was the only existing corporation to have put in place a Policy in this regard. Council will recall that it was asked some time ago to express its opinion on the alternatives and the Owner Councils unanimously agreed to the solution finally adopted by the Board of CWM. This is the model that the General Manager and the other representative from the North West, Mr Gerald Monson, General Manger of Kentish and Latrobe Councils, have been advancing.

Therefore, it is essential and in Council’s best interests that it approve the three recommendations that have been put forward by LGAT and the ORB for endorsement.

ATTACHMENTS 1. LGAT Implementation Steering Committee - Consent Form

2. Draft Water Sewerage Corporation - Shareholders' letter of expectation

3. Constitution - Tasmanian Water and Sewerage Corporation

Recommendation

RECOMMENDATION That Council agree:

1. To become a member of the single state-wide Water and Sewerage Corporation to be formed under the Water and Sewerage Corporation Act 2012;

2. To the Constitution of the Water and Sewerage Corporation to be formed under the Water and Sewerage Corporation Act 2012;

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ITEM 11.2

3. To ratify the Constitution following registration of the Corporation;

4. To the draft Shareholders’ Letter of Expectation in the terms attached;

5. That the Shareholders’ Letter of Expectation must be finalised in consultation with the Board of Directors of the Corporation formed under the Water and Sewerage Act 2012 after the Corporation is registered.

Page 271: Devonport Council Agenda 17th December 2012

PAGE 605 LGAT Implementation Steering Committee - Consent Form ATTACHMENT [1]  

ITEM 11.2

[Letterhead]  

[dated] 

 

The LGAT Implementation Steering Committee 

Local Government Association of Tasmania 

GPO Box 1521 

Hobart  Tas  7001   

 

 

Consent to become a member  

 

................................Council hereby notifies its consent to become a member of the proprietary 

company limited by shares to be formed in accordance with Section 5 of the Water and Sewerage 

Corporations Act 2012 (Tas) on its registration in accordance with the requirements of the 

Corporations Act 2001 (Cth). Council will hold share capital in the corporation in accordance with the 

constitution adopted by the corporation on registration. 

For the purposes of the members register: 

Full name:     

Address: [  formal address, not P O Box] 

For the purposes of S136(1)(a) of the Corporations Act 2001 (Cth) , ....................................... Council 

notifies its agreement to the terms of the constitution to be adopted by the corporation on 

registration. 

For the purposes of S12 of the Water and Sewerage Corporation Act 2012 (Tas),  ........................ 

Council notifies its agreement to the draft Shareholders’ Letter of Expectation provided to Council by 

LGAT on [insert date], which Council acknowledges is to be finalised in consultation with the board 

of directors of the corporation following registration of the corporation. 

 

Signed for and on behalf of ........................ Council 

By     ...............[name]........................., ....................[title]................................, 

Its duly authorised representative 

 

....[signature] ................................................................... 

Date:  .......................................... 

Page 272: Devonport Council Agenda 17th December 2012

PAGE 606 Draft Water Sewerage Corporation - Shareholders' letter of expectation

ATTACHMENT [2]

ITEM 11.2

(i) DRAFT Water and Sewerage Corporations Act 2012 (ii) SHAREHOLDERS’ LETTER OF EXPECTATION

(iii) (iv) (v) (vi)

.....[NAME].....Corporation Pty Ltd

Version 2

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PAGE 607 Draft Water Sewerage Corporation - Shareholders' letter of expectation

ATTACHMENT [2]

ITEM 11.2

INDEX

PART 1 - PRELIMINARY ....................................................................................................... 4 1 .............................................................................................................................................. 4 Commencement and Term ..................................................................................................... 4 2 .............................................................................................................................................. 4 Purpose .................................................................................................................................. 4 3 .............................................................................................................................................. 4 Interpretation .......................................................................................................................... 4 PART 2- GENERAL ................................................................................................................ 4 4 .............................................................................................................................................. 4 Guiding Principles ................................................................................................................... 4 5 .............................................................................................................................................. 5 Preservation of Employee Benefits ........................................................................................ 5 PART 3 – GOVERNANCE ..................................................................................................... 5 6 .............................................................................................................................................. 5 Shareholders’ Letter of Expectation ....................................................................................... 5 7 .............................................................................................................................................. 6 Legislative Compliance .......................................................................................................... 6 8 .............................................................................................................................................. 6 Corporate Plan ....................................................................................................................... 6 9 .............................................................................................................................................. 7 Board Performance ................................................................................................................ 7 10 .......................................................................................................................................... 87 Shareholder Relationships ................................................................................................... 87 11 .......................................................................................................................................... 87 Customer and Community Engagement .............................................................................. 87 PART 4 – PLANNING, SERVICE DELIVERY AND RISK MANAGEMENT ........................... 8 12 ............................................................................................................................................ 8 Risk Management Planning ................................................................................................... 8 13 ............................................................................................................................................ 8 Conserving Water, Recycling Water and Sewage. ................................................................ 8 14 .......................................................................................................................................... 98 Responding to Drought ........................................................................................................ 98 15 .......................................................................................................................................... 98 Service Standards ................................................................................................................ 98 16 .......................................................................................................................................... 98 Stormwater Management Plans ........................................................................................... 98 17 ............................................................................................................................................ 9 Trade Waste ........................................................................................................................... 9 18 ............................................................................................................................................ 9 Catchment, Regional and Local Government Planning ......................................................... 9 19 ........................................................................................................................................ 109 Environmental Management .............................................................................................. 109 PART 5 – FINANCIAL CONSIDERATIONS ...................................................................... 109 20 ........................................................................................................................................ 109 Dividends ............................................................................................................................ 109 

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PAGE 608 Draft Water Sewerage Corporation - Shareholders' letter of expectation

ATTACHMENT [2]

ITEM 11.2

21 .......................................................................................................................................... 10Investment Policy ................................................................................................................. 10 PART 6 - REPORTING ........................................................................................................ 10 22 .......................................................................................................................................... 10 Reporting Framework ........................................................................................................... 10 23 .......................................................................................................................................... 11 Whole-of-Government Reporting ......................................................................................... 11 24 .......................................................................................................................................... 11 Reporting under AEIFRS ...................................................................................................... 11 25 .......................................................................................................................................... 11 Treatment of “ Not For Profit” Customers ............................................................................. 11 PART 8 - SIGNATORIES ..................................................................................................... 12 

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PAGE 609 Draft Water Sewerage Corporation - Shareholders' letter of expectation

ATTACHMENT [2]

ITEM 11.2

PART 1 - PRELIMINARY

1 Commencement and Term 1.1 This Letter of Expectation commences on 1 July 2013and operates until it is revoked in

accordance with the procedures outlined in this document,

2 Purpose 2.1 The purpose of this Letter of Expectation is to communicate Shareholders’ high-level

performance expectations and strategic priorities to the Board of the Corporation.

3 Interpretation 3.1 The definitions of the terms are contained in Schedule A to this Letter of Expectation.1

3.2 The following rules also apply in interpreting this Letter of Expectation, except where the context makes it clear that a rule is not intended to apply. Terms defined in the Water and Sewerage Corporations Act 2012and Water and Sewerage Industry Act 2008(as amendedfrom time to time) have the same meaning in this Letter of Expectation. Whenever this Letter of Expectation requires the Corporation to make something "available to the public", the Corporation shall:

publish the matter on the Corporation’s website; and make a copy of the document available for inspection at each of the Corporation’s

offices; and provide a copy on request for a charge that covers the fair and reasonable costs of

making the copy available. Whenever this Letter of Expectation requires the Corporation to "develop" something, the Corporation shall be taken to have complied with that obligation if it has already developed the item before this Letter of Expectation commenced. Where this document sets out expectations in relation to the provision of information, the Corporation shall forward such information to the Owners’ Representatives (unless otherwise specified in this document). These expectations also apply to all subsidiaries of the Corporation.

PART 2- GENERAL

4 Guiding Principles 4.1 The Corporationshall operate in a manner consistentwith the principal objectives under the

Water and Sewerage Corporations Act 2012:

1 Terms used in this Letter of Expectation that are defined in Schedule A have been italicised.

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PAGE 610 Draft Water Sewerage Corporation - Shareholders' letter of expectation

ATTACHMENT [2]

ITEM 11.2

4.2 In addition to these principal objectives, the Shareholders expect that the Corporation will uphold the original principles of 2008 structural reform by maintaining a capability and governance structure to manage the water resource, water supply and sewerage services in a sustainable manner, taking account of economic, environmental and social benefits including the improvement of drinking water quality across Tasmania. .

4.3 In performing its functions and providing its services the Corporation shall therefore: have an appropriate and formalised dividend policy that provides for an appropriate

balance sheet, profit and loss and cash-flow strength to enable access to debt funding to the level required to support required investment and to fund all business activities on a sustainable basis;

as far as is practical, maintain employment levels in each region equivalent - to the proportion of full-time equivalents transferred from each regional corporation to the statewide corporation;

share the intellectual capacity of the corporation across each region wherever practical to do so;

balance the needs of each region over time when developing discretionary long term capital expenditure programs with the aim of sharing economic benefits across the state;

establish and maintain compliance with the ASX Corporate Governance Principles and Recommendations (as amended from time to time) to the extent that they apply to the Corporation’s circumstances to ensure appropriate and workable governance and reporting, and a clear mechanism for Shareholders to clearly and unambiguously provide guidance to the Board on matters that fall beyond the defined scope of the Board;

maintain the organisational and managerial capability to deliver a continuous improvement approach to operations and business processes;

ensure that the Corporation collaborates with the various agencies to take account of state-wide and regional needs and endeavour to identify other opportunities to enhance outcomes for Councils and the Tasmanian community.

5 Preservation of Employee Benefits 5.1 In addition to the general preservation of employment conditions specified in Section 48 of the

Water and Sewerage Corporations Act 2012, the Corporation shall recognise as continuous service .the length of uninterrupted employment in local government ,bulk water authorities , Regional Water Corporations and the Common Service Corporation in determining employee entitlements including any future redundancy calculation,.

5.2 The Corporation will ensure that arrangements are in place for Regional Corporation and Common Services Corporation employees to continue with their existing superannuation funds and benefit structures. It is expected that consistent with the Water and Sewerage Corporations Act 2012, employees will be able to continue their membership and to retain their existing benefit structures with these funds.

5.3 The general preservation of employment conditions specified in Section 36of the Water and Sewerage Corporations Act 2012 together with clauses 7.1, 7.2, 7.3?????of this Shareholders’ Letter of Expectations shall apply in relation to any transfer of employees from the Regional Water Corporations and the Common Services Corporationtothe Corporation.

PART 3 – GOVERNANCE

6 Shareholders’ Letter of Expectation 6.1 This Letter of Expectation is issued by the Shareholders of the [name] Corporation Pty Ltd under

Section 12 of the Water and Sewerage Corporations Act 2012.

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6.2 In issuing this Letter of Expectations, owner councils intend that the Board will abide by its provisions unless to do so would create a risk of breaching the Water and Sewerage Corporations Act 2012, the Corporation Act 2001, the Corporation’s Constitution, directors duties, or any other statutory or regulatory obligation.

6.3 The Board will advise Owners’ Representatives when the provisions of the Shareholder’s Letter of Expectation cannot be met.

6.4 The Corporation shall make this Letter of Expectation available to the public.

6.5 As required under Section 12(5) of the Water and Sewerage Corporations Act 2012, the Shareholders shall consult with the Board before or while preparing or amending a Shareholders’ Letter of Expectation.

6.6 How to adopt, amend and repeal....

7 Legislative Compliance 7.1 (a) The Shareholders expect the Corporation to comply with all applicable statutory

and regulatory obligations and to develop appropriate management systems to ensure reliable and continuous compliance is maintained.

(b) .2

(c) The Corporation shall ensure that it has a general compliance and audit scheme in place that focuses on systems and processes and monitors compliance with licence conditions and instruction from relevant industry regulators.

8 Corporate Plan 8.1 (d) The preparation and provision of an annual Corporate Plan is required under

Section 13 of the Water and Sewerage Corporations Act 2012

8.2 (e) The Corporate Plan should be for a 3 year period and identify and explain the strategic and operational plans of the Corporation. (f) Each Corporate Plan should include:

Detail the main undertakingsof the Corporation An assessment of the operating environment including a strategic risk assessment and

mitigation plan; An outline of the Corporation’s Strategic Plan including objectives, actions and timelines; Operating and Capital works budgets for the forecast year and two forward years

including: forecast growth of connections and demand for water and sewerage services; assumptions regarding revenue and expenses; details of total borrowings and assumed interest rates; assumptions regarding timing and total distributions to owners, including dividends,

income tax equivalents and government guarantee fees; 10 Year Capital Works forecast. Forecast Profit and Loss, Balance Sheet, Cash Flow and Owners Distributions

statements. Key Performance Measures and Targets including: Financial Licence Condition Compliance Water Quality Wastewater quality Customer Service Standards.

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8.3 The Corporation shall provide a draft of the annual Corporate Plan to the Owners’ Representatives in sufficient time for the Plan to be considered at the annual Planning General Meeting. The Owners Representatives will ensure that the Draft Corporate Plan is adopted at least one month before the intended commencement of the period encompassed by the Corporate Plan.

8.4 (g) Process for adopting or amending the Corporate Plan: The Corporation shall provide a copy of the draft Corporate Plan to Owners

Representatives for consideration at the annual Planning General Meeting. The Chairman and CEO shall attend the meeting to present and or answer questions. Owners Representatives, in general meeting, may adopt or request the Board to

reconsider the Corporate Plan. The method of approving or requesting amendment to the Corporate Plan will be by a

simple majority of Owners Representatives using the 1 share:1 vote approach. Requests for amendment will be forwarded to the Corporation Chairman by the Chief

Representative of the Owners Representatives. The Board will consider the requested amendments as soon as reasonably practicable

and provide a response by way of an amended draft Corporate Plan or letter of explanation, or both.

The Board is not obliged to adopt the requested amendments if to do so would create a risk of breach of directors’ duties or other formal regulatory obligations.

Should the Board not agree to amend the Draft Corporate Plan as requested the Board Chairman shall consult with the Chief Representative to determine a solution.

A summary of the approved Corporate Plan will be published on the Corporation’s website before the commencementof the period covered by the Corporate Plan.

9 Board Performance 9.1 The Shareholders expect the Corporation to annually review and report to the Selection

Committee on the performance of the Board, its committees and individual directors.

10 Shareholder Relationships 10.1 The Corporation shall act for the ultimate benefit of the Shareholders. It is the responsibility of the

Board to act in the interests of the Corporation and, through it, the Shareholders’ interests.

10.2 The Board shall develop a policy or protocol for continuous disclosure with Shareholders, following a no surprises, approach based on that described in ASX Principle 5.

10.3 The continuous disclosure protocol will address information that: may have a material effect on financial Corporate Plan expectations;

may influence the owners’ decisions; or relates to an issue on which the owners may be required to comment, financial or

otherwise.

10.4 In collaboration with Councils, the Corporation should seek to develop systems to enable effective and timely property and asset data sharing and coordination mechanisms that benefit both entities.

10.5 The Corporation should collaborate with Councils and regional agencies on matters of economic development and regional importance. In determining appropriate levels of investment required to support economic development the Board will have a view balancing financial risks and benefits to the Corporation against the long term risks and benefits to the Tasmanian community and Councils.

11 Customer and Community Engagement

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11.1 The Corporation shall develop and implement open and transparent processes to engage its customers and the community in its planning processes to ensure, amongst other matters, that the standards of services it provides meet regulatory requirements and the needs and expectations of customers and the requirements of the Industry’s regulators

11.2 The Corporation shall make: information about the services it provides available to the public; information about water conservation and the responsible use of water and waste water

available to the public; educational material about the water industry available to schools and communities.

11.3 While recognising that this may have a cost, the Shareholders expect the Corporation to adopt principles of responsible Corporate Social Responsibility.

PART 4 – PLANNING, SERVICE DELIVERY AND RISK MANAGEMENT

12 Risk Management Planning 12.1 The Corporation shall develop and implement plans, systems and processes to ensure an

acceptable level of risk. In developing risk management plans, systems and processes the Corporation shall consider the requirement to balance risk and appropriate opportunities; its obligation to provide continuous services to its customers; its statutory and regulatory obligations and the relevant ASX Principles

12.2 The Corporation shall develop and maintain asset management planning that allows the Corporation to supply its services sustainably, minimise the overall whole of life costs of any assets as well as minimise any detrimental social, economic or environmental effects of managing its assets.

13 Conserving Water, Recycling Water and Sewage. 13.1 To demonstrate its commitment to the principal objectives under the Water and Sewerage

Corporations Act 2012 and sustainable water resource management, the Corporation should maintain,develop and implement programs for:

assessing and monitoring water supplies including groundwater; assessing and monitoring future demands on water supplies; efficient and effective management of demand for water; minimising leakage and other losses of water from its network as far as is practicable; investigating opportunities to substitute in a commercially responsible manner, and if

appropriate so substituting, potable supplies/surface water supplies with water from alternate water supplies and sewerage treatment;

investigating and achieving the provision of treated wastewater for reuse for beneficial agricultural / horticultural irrigation purposes where a commercial or environmental benefit results.

14 Responding to Drought 14.1 The Corporation shall:

develop, implement and maintain an effective drought response plan for each water supply system operated by the Corporation; and

make its drought response plans available to the public.

14.2 Drought response plans should wherever possible be compatible with Council plans and should promote resource sharing opportunities.

15 Service Standards 15.1 In complying withcustomer service standards issued by the Regulatorthe Shareholders’ expect

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that, the Corporation should, as a minimum, develop water supply, sewerage services and wastewater management plans in conjunction with the relevant Council and State Government agenciesandthe local community.,

16 Stormwater Management Plans 16.1 The Corporation should participate in any development or review by the Councils of stormwater

management plans and the re-use of stormwater where commercially feasible.

17 Trade Waste 17.1 The Corporation shall develop policies and practices to manage trade waste to manage the

associated risks, meet statutory and regulatory obligations and an improved quality of trade waste entering its sewerage systems.

18 Catchment, Regional and Local Government Planning 18.1 The principal objectives of the Corporation’s participation in such planning are to:

promote consistency of any strategy or any scheme with the Corporation’s planning and programs for sustainable water management; and

ensure the alignment, integration and consistency of regional infrastructure development objectives.

18.2 The Corporation shall participate in periodic reviews, and provide input into the continuous improvement and implementation of any regional or municipal planning schemes or strategies which may affect, or be affected by, the Corporation’s area or activities In particular, this includes:

any local planning policy framework; strategic plans of Councils; any regional land use strategy development; any regional infrastructure plans; any State Water Management Plans initiated under the Water Management Act.

19 Environmental Management 19.1 The Corporation should seek to work cooperatively with other agencies and stakeholders to

protect and improve natural resources and catchment management.

19.2 Following the principal objectives in Section 20.1 of this Letter, the Corporation shall participate in the development and implementation of any regional catchment management strategy or catchment sub-strategy that may affect, or be affected by, the Corporation’s area or activities.

PART 5 – FINANCIAL CONSIDERATIONS

20 Distributions 20.1 In accordance with Section 22 of the Water and Sewerage Corporations Act 2012 the Board is

to determine a Dividend DistributionsPolicy for the Corporation in consultation with the Owners Representatives with a view to establishingthe target level of total distributions including Dividend.

20.2 Distributions will be in accordance with Schedule (??) of the Corporation’s Constitution.

20.3 The Dividend Policy will include the expectation that interim dividends will be paid to shareholders in the year in which the profits are earned.

20.4 In accordance with the Constitution the Board determines the aggregate amount of the dividend payable each year.

20.5 The Board is to make a dividend recommendation to the Owners’ Representatives within four

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months after the end of the financial year.

20.6 A final dividend shall be paid within six months after the end of the financial year in accordance with Section XXXX of the Constitution of the Corporation and the mechanism for allocation as agreed to by the owners.

20.7 Transitory changes in earnings should be managed to achieve a stable stream of dividends and where there is a high chance that an annual operating result will be subject to large volatility, the Board should adopt suitable dividend smoothing arrangements.

20.8 The Board shall consult the Owners’Representatives when considering the adoption of a dividend smoothing arrangement.

20.9 The Corporation should undertake a capital structure review to coincide with preparation of Price and Service plan submissions.

21 Investment Policy 21.1 The Board should develop an investment policy covering cash investments which sets out:

the Board's investment objectives; the responsibility structure for managing investments; the management of risks associated with investments; and the investment management approach of the Board.

PART 6 - REPORTING

22 Reporting Framework 22.1 The Board will arrange the following meetings each year, at a minimum,:

Annual Planning General Meeting – to consider and approve the Corporate Plan and any potential changes to the Shareholders’ Letter of Expectations

Annual Reporting General Meeting – to review the annual financial reports and consider the Board’s final dividend recommendation;

Quarterly Reporting meeting with Owners Representatives – to occur in each region each quarter unless a region requests fewer meetings.

22.2 Other general meetings can be convened in accordance with the provisions of the Constitution or the protocol agreed between the Board and Owners’ Representatives.

22.3 Programs and plans developed by the Corporation in response to these Shareholders’ expectations shall specify objectives to be achieved and measures for monitoring performance.

22.4 Performance shall be reported to the Owners’ Representatives in a formal quarterly report to be received within 45 days from the end of the September, December and March quarters each financial year.

22.5 Performance reporting for the quarter ended June each year shall be incorporated into the Annual Report and presented at the Annual Reporting Meeting each year.

22.6 The minimum content of the quarterly report is to include: financial statements for the period and year to date, results against key performance targets include in the Corporate Plan for the quarter

and year to date, commentary on performance and explanations of material variances from budget, revisions to the expected full year forecast financial results, current estimates for distributions to owners and explanation for material variances

from Corporate Plan, capital expenditure for the quarter and material variance explanations, and

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any non-compliances with the current Shareholders’ Letter of Expectations

22.7 In accordance with the requirements of the Water and Sewerage Corporations Act 2012, the Corporation shall provide its Annual Report to shareholders by no later than 30 September each year.

22.8 The content of the Corporation’s Annual Report will conform to the requirements prescribed in the Water and Sewerage Corporations Act 2012.

22.9 The Corporation’s Annual Report will be included for discussion at the Annual Reporting meeting of owners and subsequently published on the Corporation’s website.

22.11 Disclosures under the ‘no surprises’, continuous disclosure regime should be provided in the formal quarterly report unless the Board considers that a more timely disclosure is appropriate.

23 Whole-of-Government Reporting 23.1 The Board should comply with requests from the Treasurer for information relating to the

collection of financial information for whole of government reporting and ensure that such information relating to the Corporation and its subsidiaries will be provided by the relevant dates and in the specified formats, where applicable.

24 Reporting under AEIFRS 24.1 The Corporation shall report in accordance with the requirements of the Water and Sewerage

Corporations Act 2012.

25 Treatment of “Not for Profit” Customers 25.1 The Corporation will consult with the Owners Representatives to develop a consistent state-

wide Not for Profit rebate / concession policy within the first 12 months of operation with an expectation that the policy will take effect from 1 July 2014

PART 8 - SIGNATORIES In accordance with the Water and Sewerage Corporations Act 2012, we, the undersigned, being formal representatives of the twenty nine Tasmanian Councils, issue this Shareholders’ Letter of Expectation to the [...name.... ] Corporation Pty Limited.

Council

Date:

BRIGHTON COUNCIL

Date:

BREAK O’DAY COUNCIL

Date:

BURNIE CITY COUNCIL

Date:

CENTRAL COAST COUNCIL

Date:

CENTRAL HIGHLANDS COUNCIL

Date:

CIRCULAR HEAD COUNCIL

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Date:

CLARENCE CITY COUNCIL

Date:

DERWENT VALLEY COUNCIL

Date:

DEVONPORT CITY COUNCIL

Date:

FLINDERS COUNCIL

DORSET COUNCIL

Date:

FLINDERS COUNCIL

Date:

GEORGE TOWN COUNCIL

Date:

GLAMORGAN SPRING BAY COUNCIL

Date:

GLENORCHY CITY COUNCIL

Date:

HOBART CITY COUNCIL

Date:

HUON VALLEY COUNCIL

Date:

KENTISH COUNCIL

Date:

KINGBOROUGH COUNCIL

Date:

KING ISLAND COUNCIL

Date:

LATROBE COUNCIL

Date:

LAUNCESTON CITY COUNCIL

Date:

MEANDER VALLEY COUNCIL

Date:

NORTHERN MIDLANDS COUNCIL

Date:

SORELL COUNCIL

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Date:

SOUTHERN MIDLANDS COUNCIL

Date:

TASMAN COUNCIL

Date:

WARATAH-WYNYARD COUNCIL

Date:

WEST COAST COUNCIL

Date:

WEST TAMAR COUNCIL

SCHEDULE A - Definitions The following definitions apply:

‘ANCOLD Guidelines’ means the Guidelines issues by the Australian National Committee on Large Dams Inc as revised from time to time.

‘Board’ means the Board of Directors appointed to the Tasmanian Water and Sewerage Corporation Pty Limited. ‘Corporation’ means Tasmanian Water and Sewerage Corporation Pty Limited. ‘Councils’ refers to the 29 TasmanianCouncils. ‘Owners’ Representatives’ mean the representatives appointed by the members of the ‘Regulator’ means Tasmanian Economic Regulator ‘Shareholders’ means the memberCouncils of the Tasmanian Water and Sewerage Corporation Southern Region Pty Limited. ‘Treasurer’ means the Treasurer of the Tasmanian Government. (h) ’shall’ means if the requirement is not met, the corporation will notify the shareholders of the failure consistent with the reporting arrangements outlined in Attachment B of this letter.

‘should’means the corporation will use its discretion in decision making and notify the shareholders of the decision in the normal course of business

carolyn.pillans�
Update if move Attach B into body�
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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 11.2

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ITEM 12.1

Customers and Community Reports

12.0 CUSTOMERS AND COMMUNITY REPORTS 12.1 Minutes of Controlling Authorities, Working Groups and Special Committee Meetings

12.1 MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND SPECIAL COMMITTEE MEETINGS

File: 27670D284957

RELEVANT PORTFOLIO Customers and Community

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

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 meetings managed by the Community Services Portfolio of Council.

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:

Maidstone Park Management Controlling Authority Devonport City Focus Group (x2) Community Safety Liaison Group Devonport Regional Gallery Special Committee Strategic Sport and Recreation Special Committee Julie Burgess Trust Special Committee Devonport Oval Special Advisory Committee Don River Railway Special Committee Meercroft Park Special Advisory Committee

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

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

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. Unconfirmed Minutes of the Maidstone Park Management Controlling

Authority - 16 October 2012 [File: 26588]

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2. Minutes of the Devonport City Focus Group - 25 October 2012 [File: 26707]

3. Unconfirmed Minutes of the Devonport City Focus Group - 15 November 2012 [File: 26707]

4. Unconfirmed Minutes of the Community Safety Liaison Group - 1 November 2012 [File: 26330]

5. Unconfirmed Minutes of the Devonport Regional Gallery Special Committee - 27 November 2012 [File: 25877]

6. Unconfirmed Minutes of the Strategic Sport and Recreation Special Committee - 21 November 2012 [File: 27717]

7. Unconfirmed Minutes of the Julie Burgess Trust Special Committee - 13 November 2012 [File: 26965]

8. Unconfirmed Minutes of the Devonport Oval Special Advisory Committee - 20 November 2012 [File: 27145]

9. Unconfirmed Minutes of the Don River Railway Special Committee - 22 November 2012 [File: 285323]

10. Unconfirmed Minutes of the Meercroft Park Special Advisory Committee - 4 December 2012 [File: 16726]

Recommendation

RECOMMENDATION That:

1. The Combined Minutes of Controlling Authorities, Working Groups and Special Committees be received and noted;

2. The catch tag “an initiative of the Devonport City Council” where used for events be changed to “this is a Devonport City Council Community Event” as recommended by the Devonport City Focus Group;

3. The Terms of Reference of the Strategic Sport and Recreation Special Committee be adopted;

4. The Terms of Reference of the Don River Railway Special Committee be adopted.

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ATTACHMENT [1]

ITEM 12.1

Meeting Minutes Date- 16/10/2012 Present- R. Dewis, O. Cornick, Alderman A. Rockliff, H. Koerner, A. Geddes, P. Loone, V. Quinn, F. Pizzirani, L. Baulch, G. Mayne, C. Donaghy, J. Bingham, E. Van Overmeeren, M. Campbell Apologies Alderman S. Martin, J. Dewis, J. Baldock, S. Jones, G. Foster, T. Lunson, E. Woolley, K. Donaghy, T. Young Minutes G. Mayne / A. Geddes Business Arising From Minutes 45 year reunion postponed due to the logistics of contacting people who have moved away and allowing them time to attend. Reunion date to be set at another time. Devonport Council has moved a motion to investigate the proposal to erect multi purpose storage sheds on land near the transfer station. No1 & No2 oval near completetion and should be finished on schedule Correspondence P. Loone / L. Baulch Business Arising From Correspondence Spreyton Cricket Club requested financial compensation for loss of revenue due to the maintenance of the No1 oval impacting on the cricket roster. The matter is to be taken up with council.

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ATTACHMENT [1]

ITEM 12.1

In response to a letter re: Matt Clarke, permission was given for him to utilise the baseball, diamond for his recreational benefit. Financial Report Bank Balance as at 30th of September, 2012 $12421.19 Accounts For Payment Bond refund : Paul $70.00 Hingston $70.00 Petty Cash: Kiosk Tarp $7.95 Signage Letters $8.25 Cottage Maintenance (Palmers Plumbing) $116.00 Cottage Maintenance (Doug Hingston) $183.70 Tas Pak: Hall requirements $96.80 G. Mayne / A. Geddes General Business E. Vanovermeeren: Ted requested endorsement for the recently held Spreyton School sports day at Maidstone park, and also for the Sheffield Cricket Club to train at Maidstone Park on a Wednesday night. Endorsement was given. Alderman A. Rockliff / O. Cornick Ted informed the meeting that an e-mail had been sent to the council works department thanking them for the erection of seating and on going maintenance at Maidstone Park. Ted advised that a request had been received from The Spreyton Bowls Club to extend their clubrooms I metre towards No1 Oval. Discussion to be undertaken with council. O. Cornick: Owen expressed his disappointment that a seat would not be erected near the BMX track.

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Owen asked about the drainage problem around the area of the No1 oval. He was advised that Garry Corchran was looking into it. Alderman A. Rockliff: Alderman Rockliff advised the meeting that council had met with the groups interested in erecting storage sheds at Maidstone Park. She reported that some progress had been made, but there were still serious impediments to the proposal due to problems with the zoning and ownership of the land in question. Alderman Rockliff informed the meeting that the council is formulating their 2013 budget and user groups should develop, and submit, wish lists for projects that they would like considered. A. Geddes: Alan notified the meeting that the Mersey Lions Club had pulled out of the proposal to erect storage sheds at Maidstone Park. The Rotary Club and Orchid Society were to meet to discuss options. Alan identified that there was a problem with the proposed site being crown land and therefore not owned by the Devonport Council. He also noted that the new planning scheme was also causing some problems with the proposal. Alan advised the meeting that the Orchid Society would go ahead with drawing up a building development proposal despite the setbacks encountered. Alan informed the meeting that the Orchid Society had a very successful Spring Show. J. Bingham Jeff stated that the new seating looked really good and thanked council for their work. He also said it would be appreciated if council could consider seating between No1 and No2 oval to allow spectators to view both venues. G. Mayne Geoff enquired as to when the clean up of the road frontage between the bowling greens and Mersey Main Road would begin. He was advised that it had been approved in the recent council budget. C. Donaghy: Colleen informed the meeting that the Devonport Lapidary Club was frustrated with the time it taken to process their request to relocate to

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Maidstone Park. She said that the Lapidary Club were not in favour of being located amongst storage sheds as their needs were vastly different. Colleen advised the meeting that the Lapidary Club were locked into their current lease until the end of the financial year and would like some indication of progress in their request to move to Maidstone Park so as to inform their decision making. Meeting Closed 8.35pm Next Meeting Tuesday, 4th December 2012

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MINUTES OF DEVONPORT CITY FOCUS GROUP HELD AT DEVONPORT CITY COUNCIL

ON 25 OCTOBER 2012 COMMENCING AT 3:00PM PRESENT Committee Members: Mayor Steve Martin Ald Lynn Laycock Ald Alison Jarman Eric Mobbs DCCI Suzy Jones Retail sector Tim Gott Retail sector Susanne Dobrowski Tourism sector Igor Van Gerwen Tourism sector Sylvia Sayers Independent Janene Wilczynski Retail Sector Kim Robinson Devonport Tourism Association Council Representatives: Evonne Ewins Assistant General Manager, Customers & Community Stuart Jones Marketing, Tourism & Recreation Manager 1.0 APOLOGIES

No apologies

2.0 CONFIRMATION OF PREVIOUS MINUTES The Focus Group recommends to Council that the previous minutes of the meeting held 16 August 2012 be received and noted.

S Sayers/ Suzi Jones CARRIED 3.0 MATTERS ARISING FROM PREVIOUS MINUTES

3.1 Report discussion/questions

Complete Sports Marketing - Council has engaged Complete Sports Marketing to provide opportunities for Council to secure ongoing events for the City. Nitro Circus was one of these opportunities which will bring over $17,000 worth of accommodation to Devonport providers all booked through the VIC. Congratulations to Stuart Jones for his work in this area.

3.2 Tourism Strategy Action List for financial year 2012/13 The Action Items List from the Tourism Strategy and the Projects List were circulated to the group prior to the meeting with updates on progress. . A Jarman queried 3.6 - Advocate for consistent operating hours in the hospitality industry. E Mobbs said that the DCCI are working on commitment from retailers to consistent opening hours especially over the

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Christmas/New Year period. A survey with food outlets has been undertaken by the Chamber and a list of businesses compiled that are open Sundays, after hours and for breakfast. . I Van Gerwen queried 3.2.5 – Advocate on behalf of tourist attractions and Devonport icons. He believes that Devonport narrows itself down too much and should claim tourist attractions in other municipalities. Discussion followed on linking the local airport to attractions and working with other Councils in a collaborative approach to tourism marketing for attractions, accommodation, etc in the broader region. 3.2.1 – Facilitate an agri business and tourist focused marketplace in East Devonport. Stuart Jones said that Council are initially looking at the big picture for this. Vacant blocks of land opposite the Spirit terminal – potential use as a Visitor Centre, agri business, markets, signage. E Mobbs said that the DCCI Retail Committee are looking at planning events in East Devonport. A newsletter will be sent by DCCI to all who attended the recent forum with updates. E Ewins to look into whether the emergency management flashing road signs can be used in this area for signage. The vacant land was purchased by Council with a long-term plan to utilise the area but it is not included in the 10 year long-term plan. Would need significant funding to achieve that level of infrastructure for a Visitor Centre and have to consider how it’s maintained and funded. The land could be repurposed and this group could explore options.

3.3 Report discussion/questions continued

DCCI J Foster has resigned from the committee and has been replaced by Eric Mobbs as the DCCI representative. Retail Stuart Jones met with the Retail Sub-committee of the DCCI in regard to the fallout from the forum. Events Council are looking at implementing all activities for Festive Friday. Other events coming up are the Parade and Light Up, New Year’s Eve, Australia Day, DFWF. Cradle Country Marketing Due to meet – no update. S Jones attended the recent Tourism Conference in Launceston at which the Cradle Coast Authority was present. Stuart Jones to follow up from the CCM meeting with industry re industry buy-in. K Robinson to be updated. Marketing Position Replacement An applicant has been appointed to the position and will be announced

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next week. Upcoming Events Moscow Circus confirmed for Devonport in February. Welcome S Martin officially welcomed Eric Mobb to the Group as a representative of the DCCI. A letter is to be sent to Julie Foster for her contribution to the Group. DCCI E Mobbs said that there were 70 participants at the recent retail forum. The DCCI have been working with Council on the Devonport Delivers, Look Local campaign including Devonport retailer apps and Facebook. DCCI will facilitate some training in apps for retailers. DCCI to investigate with Council opportunity for half yearly permits for buskers in the mall, East Devonport and the four ways. With regard to Christmas trading, the DCCI are recommending to all retailers that they open weekdays till 7pm, Saturday 9am-4pm and the last two Sundays before Christmas 9am-3pm. In the longer term would like all retailers to trade longer on Saturdays and open on Sundays. The DCCI are seeking Council funding, their function is to act as a conduit for ideas. The Retail Committee is the most active of the DCCI.

4.0 GENERAL BUSINESS

4.1 Tasting Trail

I Van Gerwen is part of a committee setting up a tasting trail in the region with cost sharing of advertising. The tasting trail will include different categories including producers, farm gate, restaurants, etc. An Interactive website will available by the end of November with apps. The Cradle Coast Tasting Trail Membership Prospectus and Member Guidelines was tabled, and was achieved through a Federal Government Grant.

4.2 Focus Group Meeting Frequency A motion was moved to revert back to monthly meetings on the third Thursday of every month.

S Sayers / E Mobbs CARRIED

4.3 Rediscover Tasmania Project Radio stations have relaunched the Rediscover Tasmania project with 12 local operators involved. It is designed as a tool for talking to the whole of Tasmania and is a good way to promote regions.

4.4 Signage S Sayers talked to the Group about roadside signage being used to garner interest in roadside industries, growers, makers, etc. For example

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where poppies are grown consider a picture of the poppies with QR tags. Could involve industry not just tourism. Would promote community pride, understanding and educational opportunities regarding what we produce. Federal Government infrastructure grants are available to increase visitation through signage. Council would already have the documents to support a project. Discussion followed with E Mobbs suggesting that the DCCI could set up an industry group and take the project on. Guidelines are to be announced today. E Mobbs to discuss with the DCCI. S Sayers noted that the tourist information bay on the eastern approach to Devonport needs updating. Could be tied in. E Ewins said that the grants ask for a $ for $ commitment, Council does not have the funds to buy-in. The only project in the budget that may be able to be tied in to the funds would be signage for the Bluff Caravan Park. A motion was moved for the Council to investigate the opportunity to apply for funding for signage combined with the Caravan Park Development in Devonport.

S Sayers / I Van Gerwen CARRIED

4.5 Projects A motion was moved for the Holiday Posters/Spot the Santa competition $3,500, Free Parking Days $2,000, Devonport Delivers campaign $6,000 and Devonport Dollars reprint and relaunch $4,500 amounts be expended on these projects.

E Mobbs / J Wilczynski CARRIED

4.6 Parking Meters DCCI would like Council to waive meter parking on Friday nights for the whole of December. E Ewins noted that a report is being put to the next Council meeting.

4.7 Show Day J Wilczynski queried if the ‘we are open on Show day’ posters would be available this year. S Jones noted that they will be printed next week.

4.8 Free WiFi in CBD S Martin said that it was put to Council at a cost of $50,000. The capital –project was not included in the 2012/13 budget.

4.9 Charity Groups in Mall T Gott has had complaints from customers about charity groups operating in the mall when they have a significant number of people approaching the public. S Jones said that Council will act if we are advised of issues. The Mall Permit Form should ask for number in group.

4.10 Devonport Airport T Gott asked if the group could discuss the state of the new airport and how it functions. S Martin noted the comments.

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4.11 East Devonport Signage Council funds will be allocated in the next financial year.

4.12 DTA AGM The DTA AGM is on 29 October at the Gateway Hotel commencing at 2.30pm.

4.13 Signage Devonport Road A Jarman informed the group that a notice of motion will be put to Council regarding tourist signage from Horse head Creek to the Waterfront Restaurant.

A Jarman left the meeting at 4.35pm

4.14 Notice of Motions L Laycock informed the group that a notice of motion will be put to Council re the tender for the Brochure Exchange and Hospitality Bag in Melbourne. A notice of motion will also be forthcoming to work with the Cradle Coast Councils and the Cradle Coast Authority to get more support.

4.15 Devonport Foreshore Market L Laycock informed the group that the Devonport Foreshore Market is close to getting the go-ahead.

4.16 Bass Strait Maritime Museum The grand opening will be at the end of February. Expressions of interest will be called shortly for the cafe. Prior to the opening a site visit will be planned for the City Focus committee.

4.17 Volunteers A number of the facilities that are run by volunteers are in crisis, eg Don River Railway and Home Hill. E Ewins suggested that this be discussed on the next agenda re how a promotion could be run to attract more volunteers to these facilities. S Sayers said that the radio station would be able to run a free campaign. Suggestions for obtaining volunteers would be through the O Group, Mens Sheds, educational for students to skill-up, Don College, Facebook pages.

4.18 Surf Club Restaurant Council still in negotiations.

4.19 Community Newsletter The next community newsletter is due in two weeks and will incorporate the whole events calendar for December, January as a pull out.

4.20 City Focus Group Brief S Martin advised the group to keep a focus on the brief of the group.

5.0 NEXT MEETING The next meeting date is set for Thursday 15 November at 3:00pm at Devonport City Council Chambers, Fenton Way.

Meeting was closed at 4:45pm.

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MINUTES OF THE DEVONPORT CITY FOCUS GROUP HELD AT DEVONPORT CITY COUNCIL

ON THURSDAY 15 NOVEMBER 2012 COMMENCING AT 1PM

PRESENT Committee Members Mayor Steve Martin Chairperson Ald Lynn Laycock Ald Alison Jarman Eric Mobbs DCCI Suzy Jones Retail sector Susanne Dobrowski Tourism sector Igor Van Gerwen Tourism sector Sylvia Sayers Independent Janene Wilczynski Retail Sector Kim Robinson Devonport Tourism Association Council Officers Evonne Ewins Assistant General Manager, Customers & Community Stuart Jones Marketing, Tourism & Recreation Manager April Nelson Executive Assistant, Customers & Community Invited Nil APOLOGIES Tim Gott Retail sector 1.0 CONFIRMATION OF MINUTES

The Committee recommends to Council that the previous minutes of the meeting held 25 October 2012 be received and noted.

Moved: E Mott/ I Van Gerwen CARRIED 2.0 BUSINESS ARISING FROM PREVIOUS MINUTES

2.1 Electronic Signage. An electronic sign has been sourced and will commence operation the weekend of 24/25 Nov12. When needed the sign will be relocated around the city to increase the audience.

Actions S Jones to disseminate to the group a sign location matrix and event calendar of

items to be promoted.

2.2 Mall Buskers. DCCI and DCC are compiling a list of authorised buskers. Any issues or concerns re: buskers are to be addressed directly to S Jones.

Actions DCCI and DCC to compile a list of authorised buskers.

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2.3 Volunteers. When complete the DCC Volunteer Strategy will be presented to the (7AD) on air team to assist in ideas to promote volunteering across the region. International Volunteer Day is 5Dec12.

2.4 Surf Club Restaurant Negotiations are continuing.

2.5 Foreshore Market. First makers market containing fresh produce and quality craft will be held on 15Dec12.

2.6 Nitro Circus. Will be held during the DFWF, suggested promoting to retailers to stay open later due to increased number of visitors.

Actions DCCI to promote opening late to retailers/food outlets in the next newsletter

2.7 Parking Meters. Report to next Council meeting for free Saturday parking in Council carparks for the month of December 2012. Suggested that parking meters should be relabelled to reflect the actual hours they are patrolled.

Actions Note: Since the meeting was held the Parking Meter report has been presented to Council and adopted. The motion that Council remove parking fees in all Council car parks from 9:00am to 10:00am every Saturday for the month of December 2012 was amended and carried as follows: 306/12 RESOLUTION That Council remove parking fees in all Council car parks from 9:00am to 10:00am every Saturday.

3.0 REPORTS AND DISCUSSION 3.1 Devonport Tourism Association (DTA).

S Jones thanked K Robinson for all the hard work she has given the association. DTA have elected a new Board of Directors.

3.2 DTA – Clean Up Letter. Council have received a letter from the DTA raising concerns in regards to the poor condition and general untidiness of the entry into Devonport from the Formby Road exit ramp. These concerns are being considered by M Atkins in discussions with DIER.

3.3 Meeting Reports. To assist the flow of the meeting all reports are required to be submitted prior. The reports table will now also include CBD, Fourways, East Devonport and DFWF. A calendar of events to be included with the minutes.

Actions Reminder to be sent out as a calendar entry 2 weeks prior to a meeting for all

reports to be completed and forwarded to S Jones or A Nelson no later than 1 week prior to the meeting so as they can go out with the agenda.

3.4 Brainstorming Agenda Item. Suggested the inclusion of a 15 minute Brainstorming Session to be included as the last agenda item.

S Sayers/K Robinson CARRIED

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3.5 DCCI. E Mobbs held meeting with Kevin Maynard (TT-Line) re the distribution of promotional bags at the Devonport terminal. Melbourne terminal is operated under the brochure exchange but the exchange doesn’t currently include the Devonport Terminal. There is currently no formal agreement with the Devonport distributor. Group agreed that there is a need to work with the distributor and incorporate event details.

Actions S Sayers to approach the Devonport distributor and enquire about the inclusion of

the Events Sheets.

3.6 Retail – Cradle Coast Marketing. Industry inclusion being discussed and being industry lead.

3.7 Promotional Video. Concerns over the recent CCA promotional video discussed. Video is for online promotion. Concerns raised over CCA support of Devonport events.

Actions CCA to be approached to clarify the level of support offered to Devonport events

e.g. financial, administration, promotion, grants.

4.0 GENERAL BUSINESS 4.1 Spirit of Tasmania – Cruising Tasmania Promotional Booklet

A copy of the Spirit of Tasmania, Cruising Tasmania Promotional Booklet was presented as there is little to no inclusion of Devonport. Other group members were unaware of the book.

Actions L Laycock to follow up at TT-Line meeting.

4.2 Meeting Invitees Suggested to include Ashleigh Franke (Qantas Link), Glenn Bourke (Tas Ports) and Wayne Tucker (Airport Manager) as meeting invitees.

Actions S Martin to check Terms of Reference prior to extending an invitation to be apart of the meetings.

4.3 Change of Catch Tag Suggested to change the catch tag from “an initiative of the DCC” to “this is a DCC Community Event”.

S Sayers/E Mobbs CARRIED

4.4 Virtual Drive Video Discussion on the possibility of a virtual drive promotional video for the area.

4.5 Changed Land Tax The proposed government changes removing the concession on the land tax for sporting facilities could have a serious flow on effect.

Actions S Martin to investigate and advise the group.

5.0 NEXT MEETING To be held at Devonport Committee Rooms, Thursday 17 January 2013 at 1pm. Please advise April prior to the meeting if parking permits are required for the Rooke St carpark.

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Meeting closed: 4.30pm

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MINUTES OF THE COMMUNITY SAFETY LIAISON GROUP HELD IN THE COUNCIL COMMITTEE ROOMS

ON THURSDAY 1 NOVEMBER 2012 COMMENCING AT 3.30PM

PRESENT Committee Members Rachel Coulson DIER Inspector Adrian Shadbolt Tas Police Sgt Debbie Williams Tas Police Toni Muir St Vincent de Paul Simon Douglas Devonport Community House Wendy Smith YAFF Julie Milnes DHHS Council Officers Lester Jackson Community Partnerships Manager (CPM) – Chair Charmane Sheehan Community Development Officer (CDO) Karen Stone Risk Management Coordinator (RMC) Sarah Masters Community Services Administration Officer (CSAO) APOLOGIES Mayor Steve Martin Ald Lynn Laycock Ald Justine Keay Ald Alison Jarman Kate Beer Devonport Community House Rod Stagg R&J Publishing Carol Bryant Sustainable Communities Manager (SCM) Paul Hill Tas Fire 1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the minutes of the meeting held 6 September 2012 be received and noted.

R. Coulsen/K. Stone CARRIED

2.0 REPORT ON ITEMS FROM PREVIOUS MINUTES 2.1 Community Safety Handbook

The handbook is currently still being worked on. CPM spoke to Sgt Pendlebury in regards to information for the booklet. Sgt Williams will follow up on this information.

Action: Sgt Williams to obtain information for handbook.

2.2 Traffic Committee Issues Jilola Way.

Traffic Committee recommended no action. A representative from the Council will meet with Rod Stagg on site next week.

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Speed Limits. Information is being gathered with DIER. This matter is still being investigated.

Steele Street Crossing. Julie Milnes reported that she had found a sign on her recent trip to Victoria explaining to pedestrians when to cross. CPM advised that DIER are looking into signage for the pole. CPM will also follow up with Council staff as to the timing of the lights. Action: CPM to investigate timing of the lights.

2.3 CCTV

CPM provided a hard copy list of working CCTV cameras to Sgt Pendlebury. Action: CPM to email to Sgt Williams.

3.0 REPORTS 4.1 Liquor Accord Insp Shadbolt noted that the latest Liquor Accord advertisements had been

shown on grand final day. This advertising campaign is targeted at open vessels.

4.2 CCTV

CPM reported that by the end of November, all cameras should be operational. All power is now connected. There is one issue with relocating of relays. These are currently being relocated on Council infrastructure, this commenced on 29 October 2012. All recording will be at Council officers. In the longer term police will have access.

4.3 Tasmanian Police

Sgt Williams advised of the positive new story in The Advocate in regards to speeding on Coles Beach Road. There will be continued focus in this area. There have been a spate of thefts of personal items from businesses in the Don Road area. A reminder not to leave personal items in view. Police are currently monitoring public place assaults which are up in the whole division by 10 compared to last year. There was an increase in burglaries in Devonport recently. All offenders have now been caught. The police station now has a roof on the second storey. The recent copper theft will impact on the work with a delay of about 3 or 4 weeks. Traffic operations are now preparing for Christmas. Insp Shadbolt commented on the reduction in police numbers. These reductions are not within the first response unit. Emergency situations will not be affected.

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4.4 DIER DIER has recently started a project in high schools in Devonport and surrounding areas. Students are asked to produce a 30 second micro film on road safety within set criteria. Films that meet the criteria will be played at the Breath of Life Festival and matches at Aurora. This is a message for youth, by youth.

5.0 GENERAL BUSINESS 5.1 Work Safe Month Karen Stone reported that last month was Work Safe Month. Council

developed a calendar of events. One of the events was a self-defence class at Devonport Recreation Centre where participants learnt moves to defend yourself in the case of a situation. Karen Stone asked Tas Police whether people are allowed to defend themselves in certain situations. Sgt Williams advised that any action must not be excessive.

5.2 Community House Simon Douglas advised that the food program is currently on. Bread is left out

in the driveway at 2pm for anyone who needs it. Simon was concerned that police patrols in the area at this time may cause people to avoid the area. Sgt Williams noted that people are happy to see a police presence in the area and it makes them feel safe. They have been receiving positive feedback.

6.0 RISK

Karen Stone ran a brainstorming session on risk. This was in regards to the audit which will be undertaken by the Public Liability Insurer. Please see attached sheet for brainstorming ideas.

7.0 NEXT MEETING TBA (February 2013)

Meeting closed: 4.35pm

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Road Safety Road Users Negative Media Incorrect Design Compliance with Australian Design

Standards Lack of Emergency Management

Planning/Preparedness Poor Communication Public Order: o anti-social behavior o honing o parties o weekends

Lack of Training and Awareness Lack of Support Services Social Media Crime (vandalism, graffiti, theft) Lack of Interaction Budget Reductions

COUNCIL INFRASTRUCTURES Lack of lighting Incorrect placement of traffic islands Congested areas (shopping centres) Inadequate disabled/elderly/infirm

access Lack of recreational/public open

space Poorly maintained infrastructure

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MINUTES OF THE DEVONPORT REGIONAL GALLERY SPECIAL COMMITTEE MEETING HELD AT THE DEVONPORT REGIONAL GALLERY ON TUESDAY, 27 NOVEMBER 2012 AT 5:30PM

PRESENT Committee MembersJosephine Kelly Chairperson Ald Hollister Ald Cole Adam Gowans

Council Officers Ellie Ray Gallery Director Carol Bryant Sustainable Communities Manager Astrid Joyce Education and Public Programs Officer APOLOGIES Vivienne Breheney, Katrine Elliott, Belinda Gunson, Alistair McCrae 1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the Minutes of the Devonport Regional Gallery Special Committee meeting held 10 October 2012 be received and noted. Ald Hollister/ A. Gowans CARRIED

2.0 MATTERS ARISING FROM PREVIOUS MINUTES 2.1 Donation of Works

Tasmanian artist Kerry Martin has donated three artworks to the Permanent Collection.

2.2 Sponsorship

No progress re sponsorship opportunities with Dulverton Waste Management. Ald Hollister to report at the next meeting.

4.0 CORRESPONDENCE Nil 5.0 GALLERY REPORT The Director presented the Gallery Annual Report. Highlights included the

successful Little Aesthetics Outreach Project. The Report was accepted by the Committee.

Ald Cole/A. Gowans CARRIED

6.0 GENERAL BUSINESS 6.1 Tidal: City of Devonport Art Award

Exhibition and winner announced Thursday 6 December, 6.30pm. Diverse array of public programs on offer. Peoples Choice Award, sponsored by Collins Realty $1000, announced in the last week of January 2013. Tidal debrief to be included at the next meeting.

6.2 Gallery Marketing

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Gallery marketing focused on Tidal promotion during the last month with promotion focused on print media, radio, flyers/posters/brochures, road sign signage, social media; includes national coverage. Committee agreed to focus on a few marketing ideas at each meeting.

6.3 Business Plan Progress against the 2012-2014 Business Plan was discussed. Items to note

include an increase in Friends of the Gallery Membership by 70 members over past few months, and increase in sales at the Gallery’s Little Shop.

7.0 OTHER BUSINESS

Painting racks for new art storage are currently being purpose built and should be installed late January.

8.0 NEXT MEETING Wednesday 23 January 5.30pm

Meeting Closed at 6.30pm

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MINUTES OF THE STRATEGIC SPORT & RECREATION SPECIAL COMMITTEE HELD IN THE COUNCIL COMMITTEE ROOMS

ON 21 NOVEMBER 2012 COMMENCING AT 5.30PM PRESENT Committee Members Mayor Steve Martin Chair Ald Annette Rockliff Ald Graham Kent Ald Warren Squibb David Mullett Ian Davies Mark Fagan Ted Van Overmeeren Tim Blair Matthew Cock Council Officers Fabio Pizzirani Sport & Recreation Development Coordinator (SRDC) Sarah Masters Community Services Administration Officer

APOLOGIES Stuart Jones Marketing, Tourism and Recreation Manager (MTRM) Ald Justine Keay Ald Peter Hollister

1.0 CONFIRMATION OF MINUTES

The Committee recommends to Council that the previous minutes of the meeting held 21 September 2012 be received and noted.

Moved: T. Blair/Ald Rockliff CARRIED 2.0 TERMS OF REFERENCE

The Committee recommends to Council that the Terms of Reference be adopted for a twelve month period.

3.0 MEETING FREQUENCY

Meetings will be held on the third Wednesday, every two months at 5.30pm.

4.0 SPORTING PRECINCTS Nil.

5.0 LONG TERM FINANCIAL PLAN

Nil.

6.0 CAPITAL WORKS PROJECTS Mayor Martin asked all sporting organisations to draw up their priorities list and provide the list to Council. These lists will be discussed and then tabled at the February Council meeting, ready for budget deliberations. Key dates for the Committee are outlined in the Annual Budget Process 2013-2014 document previously emailed to all Committee members.

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5.1 Winter Users Mark Fagan on the Devonport Football Club has raised the issue of

training during poor weather in winter. During this last year major grounds were twice closed for a week and also closed another 2 or 3 times for about 4 days. When main grounds are closed due to poor weather there are limited facilities available as an alternative for training. Gyms in the area are limited. Mark Fagan asked that Council look at putting limited lighting in either Byard Park or Meercroft Park so training can be held under lights. It is becoming a major concern as more teams need to find grounds to train. Ald Kent asked if the showgrounds may be an option. Ald Rockliff commented that the lights do not light up the grassed area. Ald Rockliff also suggested that the lack of school gyms being open and available be investigated. Other options raised included:

Area next to soccer ground. Reasonably well lit. May need some

drainage work but possibly less expensive than lights; Maidstone Netball Facility; Grassed area on Forbes Street next to Devonport Recreation Centre; Del Luck Oval; Baseball Diamond at Maidstone. Already has a light out there so

electricity is available.

5.2 Sports Marketing Australia SRDC noted that Council has entered into an agreement with Sports

Marketing Australia to host other sporting events. 5.3 BMX Track Tim Blair commented that Wynyard are currently making improvements to

their track for the upcoming State Titles. Tim believes BMX is a growing sport and asked whether Council would consider upgrading the BMX track. Ted Van Overmeeren advised that liability insurance has been an issue in the past. He will take it to the next club meeting and forward any information on to SRDC.

7.0 SPORTING CLUB INFORMATION KIT

SRDC explained the Information Kit. As this is still a draft, he asked for any input from Committee Members. David Mullet queried the season dates. SRDC explained that the dates did not include final matches. Clubs will be asked to notify Council if they are hosting finals. This will encourage more communication between the Clubs and Council and allows for flexibility. Some additions to the contact list will be made. Ald Rockliff asked that a link to the Council website be added for the Community Directory.

8.0 EVENT DATES Ald Squibb raised the issue of events being held on the same day. Ald Rockliff advised that Council has a calendar of events on its website. Clubs can notify Council to add their event to the calendar. SRDC will add the link to the Information Kit. Mayor Martin will talk to Latrobe and Central Coast Council in regards to a possible joint calendar of events.

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9.0 CHANGES TO SPORTING PRECINCTS Spreyton Bowls and Cricket Club have asked to extend their building. Ted Van Overmeeren is concerned about this request as the future of the sporting precincts is unknown. Discussion took place as to the Committee’s role in regards to the sporting precincts and timeframes. SRDC will give a presentation at the next meeting on 16 January.

10.0 NEXT MEETING Wednesday 16 January 2013, at 5.30pm to 7.30pm.

11.0 MEETING CLOSED 6.35pm.

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TERMS OF REFERENCE AND REPORTING REQUIREMENTS

NAME Strategic Sport and Recreation Special Committee CATEGORY Special Committee PURPOSE The purpose of the Strategic Sport & Recreation Special Committee is to provide an opportunity for community members with a knowledge and background in sport and recreation to provide a forum through which Council can consult with and receive advice and guidance on the future of sport and recreation development within the City of Devonport. ROLES AND RESPONSIBILITIES To provide input into the development of policy and strategic direction for

Council in the areas of sport and recreation. To provide advice and feedback on the implementation of the Recreation

Strategy Plan and other major sport and recreation policies and projects. To act as a forum for considering new ideas, sharing broad experiences and

contributing innovative solutions to issues facing local clubs. To inform Council of issues that affect local clubs at code or general level, ie

not specific club concerns. To assist Council in identifying trends and opportunities in sport and recreation

so that the City of Devonport can plan services in a cohesive and co-ordinated manner.

To provide an opportunity for community members with a knowledge and background in sport and recreation to network and exchange information.

To liaise with individuals and groups as required to obtain specific advice regarding sport and recreation for the benefit of the City of Devonport.

To develop criteria for the prioritisation of capital expenditure projects. To review current financial and service assistance relevant to sport and

recreation. To review and make recommendations on alternative management models

for recreation facilities. To make recommendations to Council on partnerships with schools, other

Councils and user groups outside the municipality.

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To monitor and analyse participation rates, trends and issues. To explore strategies to sustain a strong volunteer culture in Sport and

Recreation.

REPRESENTATION The Strategic Sport and Recreation Special Committee will consist of:

The Mayor as chair;

Seven Aldermen of the Devonport City Council;

Six Community members;

Officer support as required. Membership is open to individuals participating in sporting and recreation clubs or associations operating within the Devonport municipality. Members who are unable to attend meetings are to submit an apology.

Members must attend at least 4 meetings each calendar year in order to retain their position on the Committee. Leave of absence may be granted by the Committee on request. Community representation on the Committee will be via an Expression of Interest process and assessed for suitability against key criteria and ultimately endorsed by Council. Community representatives will be appointed for a period of two (2) years and may reapply. The Committee has the delegated authority to co-opt members on to the Committee should a vacancy arise. Membership of the Strategic Sport and Recreation Committee will be honorary. The role, functions and membership of the Committee will be reviewed every 2 years. QUORUM REQUIREMENTS All members, excluding Council Officers, shall have voting rights and be based on the principle of simple majority. The Chairperson shall have the deciding vote if required in resolving ties.

A quorum is one-half of the members plus one additional member, excluding Council officers. MEETING FREQUENCY AND MEETING PLACE The Strategic Sport and Recreation Committee meetings are to be held bi-monthly on the 3rd Wednesday of each month at 5.30pm to 7.00pm. The venue for each meeting is to at the Devonport Council Committee Rooms, Fenton Street, Devonport.

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REPORTING REQUIREMENTS TO COUNCIL Minutes of the Committee meetings will be included in a report to the next ordinary meeting of Council following the Committee meeting. DELEGATIONS The Committee may form sub-committees to assist in meeting the Committee’s Roles and Responsibilities as outlined above, within budgetary constraints. The business discussed at the Strategic Sport and Recreation Special Committee meetings is confidential other than the outcomes recorded in meeting minutes. LIMITATIONS/CONSTRAINTS The Special Committee operates under the Local Government Act 1993 S.24, which appears below. Special Committees 24. (1) A Council may establish, on such terms and for such purposes as it thinks

fit, special committees. (2) A special committee consists of such persons appointed by the Council

as the Council thinks appropriate. (3) The Council is to determine the procedures relating to meetings of a

special committee. COUNCIL REPRESENTATIVES Seven Aldermen of the Devonport City Council. COUNCIL OFFICER CONTACT Marketing, Tourism and Recreation Manager or Sport & Recreation Development Coordinator. ADMINISTRATIVE SUPPORT Marketing, Tourism and Recreation Administration ANY OTHER REQUIREMENTS Committee Members are automatically covered under the terms and conditions of Council's Public Liability and Professional Indemnity policies provided they are acting within the scope of their duties. Special Committee members are not covered for activities outside those defined by Council. COMMENCEMENT DATE Council resolved to establish the Committee on 16 April 2012. Council Resolution 112/12.

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MINUTES OF THE JULIE BURGESS TRUST SPECIAL COMMITTEE HELD AT THE DEVONPORT CITY INTERNAL MEETING ROOM ON TUESDAY 13 NOVEMBER 2012 COMMENCING AT 5PM

PRESENT Committee Members Ald Graham Kent Devonport City Council Ian Martin Community Member Peter Higgins Chairman Tim Gott Community Member Council Officers Margaret Griggs Project Officer APOLOGIES Lester Jackson Community Partnerships Manager (CPM) David Kent Community Member 1.0 CONFIRMATION OF MINUTES

The Committee recommends to Council that the previous minutes of the meeting held 18 September 2012 be received and noted.

I. Martin/P. Higgins CARRIED 2.0 BUSINESS ARISING FROM PREVIOUS MINUTES

2.1 Booklet – contacts. T. Gott tabled the final draft and subject to some further documented amendments the booklet is ready to be printed. It will retail at $14.95.

Andrew Hopwood of Black Gum has advised that he is interested in doing the distribution. T. Gott will follow up documentation from Black Gum.

Members discussed a launch of the booklet and suggested that the Devonport Bookshop would be appropriate given the work T. Gott has put into the publication.

2.2 Australian Wooden Boat Festival (AWBF) Site for the marquee and berth for the Julie Burgess has been confirmed.

Expressions of interest can now be sought for 6 passengers at $1,200 per person each way.

2.3 Disability Access Assessment Deferred to December meeting.

2.4 Ulverstone Wharf Development Celebrations Gwyn Alway of MAST advised that the trip to Ulverstone is still within the current survey of sheltered waters. Providing slipping arrangements go according to plan and weather conditions are reasonable, the Julie Burgess will attend. P. Higgins is organising the crew and it will be used as a training exercise.

Action: Project Officer to advise Kerry Gillard of Central Coast Council.

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3.0 GENERAL BUSINESS 3.1 Conservation.

No progress to report. 3.2 Restoration Plan.

a) Fit Out. Minor work being finished off. b) Ballast. Completed. c) Electrics. Electrolysis problem is being systematically worked through. d) Maintenance Schedule. No progress to report. e) Operations Manual. P. Higgins amending as required. f) Survey Requirements. Second life raft has not arrived so survey will be next

week. Zodiac is the tender for the Julie Burgess and is part of the ketch and should be insured as such. It is not a separate vessel.

3.3 Marketing Strategy/Business Plan 3.3.1 Jaffa Interpretation/ Groupwork Pty. Ltd.

Information for signage is now being finalised by JAFFA. Bass Strait Maritime Centre is expected to be open end February.

3.4 Julie Burgess Project Coordination 3.4.1 Financials.

Financial report tabled. Budget is tight, Project Officer emphasised that all purchasing must have a purchase order number.

3.4.2 Crew. Two sessions held have been well attended. The trip to Ulverstone will be the third. Attendance and topics for sessions have been documented as required and information forwarded for records.

Another four crew members will attend the “Elements of Shipboard Safety” course at the Australian Maritime College November 19-21.

Personal Log Book for crew to be developed and distributed so that crew members can record their hours.

3.4.3 Volunteers. Christmas barbecue for volunteers will be held on December 20.

3.4.4 Employment Strategies. Project Officer reminded members that we continue to identify any opportunities.

3.4.5 Pontoon. Yet to receive from Gordon Angilley written confirmation of the verbal extension for adjustments to the supporting structure.

Action: I. Martin to follow up with Gordon Angilley.

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3.4.6 Publicity. a) General:

Members agreed that the time is right to commence publicising that is Julie Burgess is available for bookings.

Members resolved that weather permitting, November 25, December 9 and December 16 be advertised as trips available for passengers at $30 per person assembling at the pontoon at 10am. These will be used as training for the crew. Action: Project Officer to purchase light ponchos for passengers.

Project Officer tabled the calendar of upcoming events.

b) Documentary:

No progress to report.

3.4.7 Website. Bass Strait Maritime Centre website holding page will be live soon and have a link to the Julie Burgess website. The Julie Burgess website will be revamped together with the development of the Bass Strait Maritime Centre website.

3.4.8 Support/ Thank you Letters. Letter and certificate to be sent to Frank Macmillan for painting of the timber.

3.4.9 History. Reported under agenda item 2.1.

3.4.10 Other Funding. No progress to report.

3.4.11 Funding Agreement Milestones. Acquittal underway, information with auditors.

4.0 OTHER BUSINESS 4.1 Julie Burgess Operations Committee (JBOC).

Terms of reference for the JBOC were distributed. Members need to decide whether they wish to continue as a member of the JBOC after the Julie Burgess Trust Special Committee (JBTSC) is wound up. The CPM will be in touch with each member individually over the next few weeks. The Devonport Maritime & Heritage Authority have appointed Ald G. Kent as the Authority representative. Members agreed that given the original brief for the JBTSC, it was appropriate that the final meeting for the JBTSC would be after attendance at the AWBF.

4.2 AWBF Public Sailing In response to the request for information from Malcolm Riley re participation in the public sailing, it was resolved that the Julie Burgess would take 10 paying passengers from Kettering to Hobart at $75 per person with refreshments and light lunch provided.

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5.0 AGENDA ITEMS FOR NEXT MEETING Nil

6.0 NEXT MEETING Tuesday 11 December at 5pm at the Devonport City Council Internal Meeting Room.

Meeting closed at 7pm.

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PAGE 709 Unconfirmed Minutes of the Devonport Oval Special Advisory Committee - 20 November 2012 [File: 27145]

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ITEM 12.1

MINUTES OF THE DEVONPORT OVAL SPECIAL ADVISORY COMMITTEE HELD AT THE COUNCIL COMMITTEE ROOMS

ON TUESDAY 20 NOVEMBER 2012 COMMENCING AT 5.30PM

PRESENT Committee Members Ald Lynn Laycock Chair Ald Warren Squibb Ald Leon Perry Mike Kelly Devonport Cricket Club Geoff Rootes Devonport Athletic Club Bob Marshall Council Officers Stuart Jones Marketing, Tourism and Recreation Manager (MTRM) Fabio Pizzirani Sport & Recreation Coordinator (SRC) Kylie Lunson Operations Manager (OM) Sarah Masters Community Services Administration Officer APOLOGIES Mark Fagan Devonport Football Club David Mullett Devonport Cricket Club 1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the previous minutes of the meeting held 18 September 2012 be received and noted. M.Kelly / F. Pizzirani CARRIED

2.0 BUSINESS ARISING FROM PREVIOUS MINUTES 2.1 Kiosk

Ald Laycock advised Bruce Harpley from Council had inspected the kiosk and outlined what needed to be done in order to meet health regulations in relation to cooking. An email had been sent out to all Committee Members asking if they would like to contribute towards the purchase of a new flue and stainless steel for the kiosk. The only response was from the Devonport Football Club. Other users do not have the need for the kiosk. Ald Perry will follow this up on behalf of the Devonport Football Club. Action: Ald Perry to follow up potential upgrades to kiosk.

3.0 CLUB REPORTS 3.1 Devonport Cricket Club

The Club is now well into the season. The last of the double headers were played last weekend. The Club had a win on the new Oval surface. Currently have Under 13’s, Under 15’s, Under 17’s, Seconds, seniors and a Women’s Team. The Women’s Team will strengthen the Club. There has been a drop off in player numbers due to injuries and relocations. It is also proving difficult to acquire volunteers. Mike Kelly reported that the ball ran well on the new

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surface of the Oval and it will only get better over time. The Cricket Club’s only concerns are some patches on the eastern side. OM reported that there were a few challenges with the rain and also temperatures. It will take some time to be perfect. There was the opportunity to do a lot more drainage work which will make a big difference. Mike Kelly also commented that the club will hopefully have new synthetic practice wickets by next season.

3.2 Devonport Athletics Club The Club is concerned with the bare patches in the middle of the running track. They realise that this will improve as time goes on, however it may not be up to standards for the carnival. The Club asked that as the surface is quite soft, can watering be kept to a minimum in the week leading up to the carnival. The carnival which was to be held on 16 December has now been cancelled as Mersey Valley pulled out. The Athletics Club is down on sponsorship this year. They are proposing to run the carnival earlier on the second night this year to attract more spectators.

3.3 Devonport Football Club It is currently the off-season. Approximately 50 players attended pre-season training which commenced on 19 November. Sixty four players are accounted for this season which is a record. The Club now has a women’s team. This team was previously based in Spreyton. This will give the Club the opportunity to increase numbers, resources and volunteers. Devon Netball Club is also still part of the Football Club. Paul Griffiths has been appointed the new coach. Sponsorship has decreased in comparison to last year.

4.0 GENERAL BUSINESS

4.1 Scoreboard OM reported that work had commenced on the new scoreboard. Weather

permitting it should be completed by 30 November 2012. 4.3 Change Rooms Mike Kelly advised that there have been a couple of delays with the Cricket

Club change rooms. One change room is nearly completed and work has now commenced on the other. OM reported that the Football Club visitor’s change rooms will be ready for the start of the football season.

4.4 Cycling Track Annual inspection is currently underway. Council is looking for a

recommendation from Cycling Australia as to the required height of fencing around the track.

4.5 Oval Ald Squibb noted that on the eastern side (North Fenton Street side) part of the

surface was lower. It is only noticeable after or during heavy rain when some areas have water in them. He also commented that the rubbish outside the Cricket Club change rooms needed to be cleaned up. Action: OM to follow up on low surface areas. Mike Kelly advised the rubbish outside the change rooms will be removed

before the weekend.

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4.6 Curator Mike Kelly commented that it was pleasing to see Council’s commitment to the

Oval. The Cricket Club would like Council to discuss returning a full time curator/caretaker to the Oval. This person could also be responsible for re-establishing the gardens at the entrance to the Oval. The Club would be willing to forego their current arrangement and enter into a MOU with the Council. Action: OM to follow up on cost to provide a full time curator.

5.0 NEXT MEETING To be advised.

Meeting closed: 6.00pm

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PAGE 712 Unconfirmed Minutes of the Don River Railway Special Committee - 22 November 2012 [File: 285323]

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MINUTES OF THE DON RAILWAY SPECIAL COMMITTEE (DRSC) HELD AT DON RIVER RAILWAY

ON THURSDAY 22 NOVEMBER 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 Ald Grant Goodwin Bill Housego Darren Lawson Lester Jackson Ian Waller 1.0 CONFIRMATION OF MINUTES

The Committee recommends to Council that the previous minutes of the meeting held 25 October 2012 be received and noted.

Moved: W. Woodberry / G. Kent CARRIED 2.0 BUSINESS ARISING FROM PREVIOUS MINUTES

2.1 Devonport Council sent a letter to Burnie Council requesting an update on their original letter of support for the Burnie Rail Cars. A reply was received stating that, “At this time the Expression of Interest process is in abeyance whilst a number of insurance issues are resolved. Council will provide further information on this matter once these issues have been clarified”.

2.2 The DRR Volunteer flyer was retyped. A copy of the Volunteer flyer is to be sent out with the minutes for the committee to distribute. A copy will be forwarded to our facilities.

2.3 Lynn discussed with the City Focus and Marketing Group the concerns for recruiting volunteers. Warren advised previous advertising with 7AD. Lynn will make contact with Sylvia Sayers (7AD) and advise Warren via email outside of the meeting.

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2.4 Glen advised that Bill has given verbal permission for either Glen or Warren to act on his behalf in the decision making process for this committee.

2.5 Terms of Reference were agreed to and endorsed.

Moved: G. Stewart / G. Kent CARRIED

2.6 No feedback had been received on the Strategic Plan from the Don Railway Special Committee (DRSC) as they are still reviewing.

3.0 KEY MILESTONES – (TABLE FROM PREVIOUS MINUTES) Description Target Date Comments

Completion of the Strategic Plan November 2012

December 2012

DRSC to review the plan to determine a focus, direction and clear priorities

DRR are reviewing the 2009-2011 Strategic Plan

4.0 REPORT FROM DON RIVER RAILWAY

DRR have sourced a set of job descriptions from ATHA to use as a base template. Must have training regimes and policies in place to apply for exemptions by May13.

Congratulations to Warren for months of hard work prior to the Rail Regulators Audit. The audit concluded with zero non-conformances a national first for a heritage railway. The audit will be used as a base template for other heritage railways to follow.

Lack of skilled volunteer numbers is still causing angst in achieving maintenance and repairs.

A meeting has been held on site with a representative from the Tas Community Fund to identify problems and put a 3 phase plan into place.

Actions Suggested for DRR to confirm what costs could be incurred if any with the proposed

works

DRR applying for grants as they become available. Work is commencing on the Financial Assistance Grant received from Council.

5.0 GENERAL BUSINESS 5.1 Council are currently working on a Volunteer Strategy and designating a

Community Development Officer to oversee the roll out. The Strategy will recognize volunteers and look at the collaborative recruitment of volunteers across the city to assist in addressing the shortfall.

Actions A separate meeting is to be arranged to pursue where Council can assist DRR with

the Volunteer Strategy, policies and the new legislation.

5.2 Glen Stewart is to forward a copy of the current DRR newsletter for distribution.

Actions

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Future DRR newsletters to be emailed to April for distribution to the committee.

5.3 Due to work commitments Darren Lawson has tended his verbal resignation from the committee.

5.4 Warren tabled a copy of a table of passenger numbers over the last 4 years. A copy is attached to the minutes.

5.5 Warren Woodberry has been elected the new vice president of the Devonport Tourism Association.

5.6 The TT Line booklet was discussed at the Devonport City Focus Group and will be followed up. Any new information will be bought back to this committee.

NEXT MEETING TO BE HELD 24 JANUARY AT 1PM IN THE COUNCIL COMMITTEE ROOMS (4TH THURSDAY OF THE MONTH)

PLEASE SEND APRIL AN EMAIL IF PARKING PERMITS ARE REQUIRED.

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PAGE 718 Unconfirmed Minutes of the Meercroft Park Special Advisory Committee - 4 December 2012 [File: 16726]

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ITEM 12.1

MINUTES OF THE MEERCROFT PARK SPECIAL ADVISORY COMMITTEE HELD IN THE COUNCIL COMMITTEE ROOMS

ON TUESDAY 4 DECEMBER 2012 COMMENCING AT 5.00PM

PRESENT Committee Members David DeCani Devonport Touch Association Colin Emmett North West Hockey Centre Chris McCoy Devonport Tennis Club Marlene Crabtree Devonport Junior Soccer Julie Woodberry North West Hockey Centre Jodie Stokes Devonport Touch Association Council Officers Fabio Pizzirani Sports & Recreation Coordinator (SRC) APOLOGIES Ald Annette Rockliff Doug Clark North West Hockey Centre Kylie Lunson Operations Manager (OM) 1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the previous minutes of the meeting held 16 October 2012 be received and noted. C. Emmett/D. Decani CARRIED

2.0 BUSINESS ARISING FROM PREVIOUS MINUTES Nil.

3.0 CLUB REPORTS

3.1 Devonport Junior Soccer Association Currently out of season. The association is waiting on the outcome of their grant application for the building extension.

3.2 Devonport Touch Association Excellent numbers, the sport continues to grow in this region. The Devonport Touch Association is the only Touch affiliate in the State that has shown a growth in participation numbers.

David Decani asked if grounds are being watered. David Decani requested that the grass be mowed parallel to the line

marking.

3.3 North West Hockey Association Summer roster is well underway. The roster has a short break over the Christmas period before restarting in the New Year. Repair work on synthetic ground has commenced.

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3.4 Devonport Tennis Club New President Chris McCoy reported the club has a very pro-active committee and more activities and social events are planned. The club is also keen to promote junior tennis.

3.5 Devonport Surf Club

Nil.

4.0 GENERAL BUSINESS 4.1 Touch Tasmania School Tournament 2013

Council, in conjunction with Sports Marketing Australia (SMA) and Touch Tasmania have secured the 2013 Touch Tasmania Schools Tournament in Devonport on the 6th and 7th of April. Touch Tasmania have estimated the event will attract over 640 people to the region. Based on Tourism Research Australia’s calculation that on average a sports tourist will spend $197 per person per day, this will translate into an economic benefit of approx $253,736. Organisers have requested the use of Council’s portable tiered seating from the Recreation Centre. SRC to follow up. SRC to liaise with Devonport Junior Soccer Association, Devonport Touch Association and Operations Centre staff in regards to ground availability for the 2013 soccer season.

4.2 Capital Budget The following items are to be forwarded to the Strategic Sports and Recreation Special Committee for consideration in the 2013/14 Capital Budget and/or the Five Year Capital Works Program: Recoating of exposed beams in the NWHC building; Upgrade existing car park parking angles to increase capacity slightly; Pedestrian access within the carpark. Heating in the North West Hockey Centre; Safety fencing along North Street, from William Street to Gunn Street; Safety issue – between Eugene Street and Meercroft Park; Tennis Club – new fencing, cover open drain along western boundary Lighting - soccer, touch and tennis.

5.0 NEXT MEETING

Tuesday, 19 February 2013 at 5.00pm

Meeting closed: 5.55pm

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Report to Council Meeting on 17 December 2012

ITEM 12.2

12.2 Devonport Weed Strategy - Year One Progress

12.2 DEVONPORT WEED STRATEGY - YEAR ONE PROGRESS File: 20134D285458

RELEVANT PORTFOLIO Customers and Community

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

Strategy 1.2.1 Support the conservation and maintenance of biodiversity corridors including coastal landscapes and preserve areas of remnant vegetation

PURPOSE To present to Council progress on the actions outlined in the Devonport Weed Strategy 2012-2016.

BACKGROUND The Devonport Weed Strategy 2012 -2016 sets out proposed actions, undertaken by the Devonport City Council in partnership with a range of organisations, agencies and community groups to contribute to a more sustainable community. Council adopted the Strategy at its meeting held 21 November 2011 (vide Resolution No 352/11).

COMMENTARY The Devonport Weed Strategy Working Group met on 27 November 2012 to discuss progress made over the past 12 months against Strategy actions. Organisations attending the meeting include Transend, Friends of Kelcey Tier Greenbelt, Mersey Estuary Group, and the TFGA. Achievements are outlined in attachment 1.

FINANCIAL IMPLICATIONS Strategy actions are completed in line within the allocated budget.

RISK IMPLICATIONS Environmental/Public Health

The Strategy aims to reduce environmental, financial and social risks associated with the spread of invasive weeds. Implantation of year two strategy actions is deemed low risk.

CONCLUSION The Devonport Weed Strategy provides key directions that will assist Council to minimise the impact of weeds in partnership with the community.

ATTACHMENTS 1. Devonport Weed Strategy Actions - Year One Progress

Recommendation

RECOMMENDATION That Council note the progress made on the Devonport Weed Strategy Action Plan.

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PAGE 721 Devonport Weed Strategy Actions - Year One Progress ATTACHMENT [1]

ITEM 12.2

ACTION PLAN – YEAR ONE PROGRESS REPORT

1. Strategic Direction: Community Awareness, Education, and Participation

Desired Outcome: Increased knowledge, skills, participation and commitment to weed management by general public, schools, community

organisations and business

Action Responsibility Priority Timing Resources Required Support the establishment of local groups and schools adopting an area to assist with weed control and mapping on Council managed land

Sustainable Communities In partnerships with schools, community groups, CCNRM, DPIPWE

High 2012-13 Existing operational Low cost

Progress: In partnership with Cradle Coast NRM Beachwatch has been trialed in Devonport. Three service clubs (Devonport Rotary North, City of Devonport Lions Club, Lions Club of Devonport Mersey) and two schools (Dion College, East Devonport Primary) are involved. Litter and beach weeds have been targeted.

Investigate the establishment of a pilot project to develop a weed identification and mapping application for mobile phones

Sustainable Communities In partnership with tertiary sector, DPIPWE

High 2012-13 Grant opportunity Low cost to investigate

Progress: Cradle Coast NRM has developed a smart phone app to assist with weed identification, the link is provided; http://www.cradlecoastnrm.com/latest-news/top10-weed-pocket-guide-available-for-download

Support hands-on awareness programs such as Arbor week and activities with schools

Sustainable Communities In partnership with

Medium Annual Existing operational Financial contribution

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PAGE 722 Devonport Weed Strategy Actions - Year One Progress ATTACHMENT [1]

ITEM 12.2

Action Responsibility Priority Timing Resources Required Progress: Council provides annual funding to the Tasmanian Arboretum, some of which helps run their annual Arbor Week program over a 3 week period. National Tree Day 2012 was held in conjunction with the Mersey Estuary Group with assistance from the Devonport Rotary Club and volunteers from the community. The Fonterra Project encouraged four schools (East Devonport, Hillcrest, Spreyton, Devonport) to participate in tree planting and environmental awareness activities which included weed identification. The Don College Project introduced outdoor education students to weeds in the Don Reserve. Part of the project has required them to remove weeds, in this case Montpellier Broom, from the Don Reserve. The Friends of Don Reserve have been assisted by Cradle Coast NRM grants which allowed weed spraying in the Don Reserve and along the Mersey Bluff foreshore.

Tasmanian Arboretum, community groups, business

to Tasmanian Arboretum Low cost

Integrate information into Council’s new resident’s kit Sustainable Communities

Medium 2011-12 Existing operational Low cost Progress: New residents can access the booklet ‘Are you

growing invaders?’

Maintain public awareness of identification, current projects and control of weeds in local publications, DCC website and social media

Sustainable Communities Communications

Medium 2012-13 Existing operational Low cost

Progress: To be progressed in coming 6 months.

Develop and deliver incentive based programs Sustainable Communities Medium 2013-14 Existing operational

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PAGE 723 Devonport Weed Strategy Actions - Year One Progress ATTACHMENT [1]

ITEM 12.2

Action Responsibility Priority Timing Resources Required Progress: To be developed 2013-14.

In partnership with CCNRM , nursery and garden industry

Low cost

Develop programs to engage new groups not previously involved in weed activities

Sustainable Communities

Medium 2013-14 Existing operational Low cost

Progress: As previously stated, the Beachwatch program has encouraged Service Clubs to become involved in weed activities. Performance Measures:

10% increase from 2011 in community members, schools and groups participating in awareness activities by 2016. Progress: Two additional schools and two additional service clubs have been involved in environmental projects in 2012. Total group involvement in 2011/12 includes: - 7 regular members of Friends of Don Reserve, 5 regular members of Mersey Estuary Group. - Devonport Rotary Club, Devonport North Rotary Club, Lions Club of Devonport and Lions Club of Devonport Mersey - School of Special Education, Reece High, Devonport Primary, Deloraine High, East Devonport Primary, Spreyton Primary,

Devonport Primary, Hillcrest Primary, and Devonport Christian School Number of reports received from community regarding weed incursions.

Progress: 24 requests for service received in 2011/12 2. Strategic Direction: Weed Hygiene and Containment

Desired Outcome: Prevent the establishment and spread of new weed incursions.

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PAGE 724 Devonport Weed Strategy Actions - Year One Progress ATTACHMENT [1]

ITEM 12.2

Action Responsibility Priority Timing Resourcing Consider use of clean materials in sensitive areas; where required, specify/assess quarries for weeds & phytophthora

Sustainable Communities Operations In partnership with CCNRM, DPIPWE, Forestry Tas, Mineral Resources Tasmania

High 2011-12 Existing operational Low cost

Progress: Sensitive areas investigated by Sustainability Officer as requested on DCC Capital projects. Nil to date. Quarries have not been assessed.

Increase the extent of hygiene practices, including wash down procedures, into DCC contract processes and operations to ensure that works and maintenance activities minimise the risk of weed spread into new or sensitive areas

Operations City Infrastructure

High 2012-13 Existing operational Low cost

Progress: In progress.

Investigate incentives to address illegal dumping of garden waste

Operations In partnership with CCNRM

Medium 2012-13 Future operational allocation Low cost to investigate Progress: Problem areas around DCC reserves have been

targeted by letters to owners and discussions with Committees. Council’s Environmental Health Services have addressed rubbish/garden waste dumping when evidence exists.

Encourage alternatives to planting, selling and buying weedy or potential weed species

Sustainable Communities In partnership with CCNRM, nursery and garden industry

Medium 2012-13 Existing operational Grant opportunity Low cost Progress: ‘Are you growing invaders’ and ‘Grow Local

booklets are available at Council reception areas.

Investigate and advocate for the establishment of wash down and other cleaning facilities in strategic locations

Sustainable Communities In partnership with state government, Tas Ports, transport companies

Low 2013-14 Existing operational No cost to investigate High cost to establish Progress: Scheduled 2013-14.

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PAGE 725 Devonport Weed Strategy Actions - Year One Progress ATTACHMENT [1]

ITEM 12.2

Performance Measures: Improvements in weed hygiene practices of Council.

Progress: To be progressed. Decrease in reports of illegal dumping of garden waste.

Progress: Reporting system to be established; 2011/12 – 1 formal report received.

3. Strategic Direction: Weed Control, Monitoring, and Coordination Desired Outcomes:

Improve health of terrestrial and freshwater ecosystems including reduction in flood damage and erosion A reduction in the impact of existing weeds Coordinated approach to managing the impact of weeds

Action Responsibility Priority Timing Resourcing Develop and implement annual plan for the control of priority weeds

Sustainable Communities Operations

High Annual Existing operational High cost Grant opportunity Progress: Weed infestations noted and targeted according to

priority. Main weeds targeted in 2012 have been Gorse and Spanish Heath. Total area of land subject to weed control (excluding roadside spraying) 18.9 hectares. Progressively remove willows and revegetate riparian zones along the Don River

Sustainable Communities In partnership with private landholders, Fisheries, Crown Land Services, community groups, Tas Community reiources, employment agencies

High 2011-2014 Existing operational Low cost In-kind labour from private landholder, schools, Mersey NRM Subsidised through grant funds

Progress: The first kilometre south of the highway bridge at Don continues to be treated for willow regrowth.

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PAGE 726 Devonport Weed Strategy Actions - Year One Progress ATTACHMENT [1]

ITEM 12.2

Action Responsibility Priority Timing Resourcing Participate in the Cradle Coast regional weed mapping program, mapping priority weeds and sites and integrating information with Tasmania’s Natural Values Atlas

Sustainable Communities In partnership with CCNRM

High 2011-12 then annual update

Existing operational Low cost

Progress: Mapping program up to date Actively participate in Cradle Coast Regional Weeds Advisory Group and Municipal Officers meeting, including development of partnership projects

Sustainable Communities In partnership with DPIPWE, CCNRM, neighbouring Councils

Medium Ongoing Existing operational Low cost

Progress: Sustainability Officer has regularly attended meetings of both groups. Weeds targeted through partnership projects include boneseed, bridal creeper and pampas grass. Target identified priority weeds in road reserves as part of the roadside maintenance weed spraying program

City Infrastructure Medium 2012-13 Future operational allocation Medium cost

Progress: To be progressed, suggestion has been made that contractors list weed infestations when spraying roadside weed for Council assessment. Promote the development of environmental projects as part of Council’s community small grants program

Sustainable Communities

Low 2011 Existing operational Low cost

Progress: Grant guidelines / promotion refer to environmental projects. Develop inventory of equipment available for groups to undertake weed control

Sustainable Communities In partnership with CCNRM

Low 2013 Existing operational Low cost

Progress: Scheduled for 2013, although groups informally share equipment when required.

Performance Measures: Weed management actions prioritised and undertaken within budget restrictions or as funds become available for greatest

impact. Progress: On track within budget and via grants, 2010/11 $84,000 spent on contract weed spraying, 2011/12 $60,000 spent on

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ITEM 12.2

weed related works, including contract spraying and $4,000 grant funds from Cradle Coast NRM. The same level of weed control undertaken over both years.

Priority and new weed infestations mapped regularly to monitor physical assessment of the size and spread or reduction of infestations. Progress: Weed infestations mapped and monitored for spread, analysis of changes in infestation yet to occur.

Reduction in priority weeds in road reserves. Progress: This seems to have occurred, anecdotal evidence only (less time spent on contract spraying of priority weeds).

Resources shared across community to undertake weed control in an efficient and effective manner. Progress: Each community group has its own equipment with limited need to source additional resources at this stage. Partnerships between Councils to target priority weeds, distribution of grant funds by Cradle Coast NRM to target weeds.

Increase in environmental project submissions as part of Councils community small grants program. Progress: 2011/12 – Nil submissions; 2012/13 round – Nil submissions. Groups receive funds through alternative sources.

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ITEM 13.1

Technical and Finance Reports

13.0 TECHNICAL AND FINANCE REPORTS 13.1 Pedestrian Island, William Street, Devonport

13.1 PEDESTRIAN ISLAND, WILLIAM STREET, DEVONPORT File: 3406 D278018

RELEVANT PORTFOLIO Technical and Finance

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

Strategy 5.6.4 Ensure compliance with all relevant legislative requirements, standards, Council plans, policies and procedures

PURPOSE To provide information in relation to a Notice of Motion concerning the “removal” of a pedestrian island (school crossing) adjacent to 124 William Street (Chicken Treat), Devonport.

BACKGROUND This report relates to a school crossing in William Street (constructed in 2000) and an extended centre median island and outstands which were added to the crossing in 2011, as a traffic management requirement for the Chicken Treat development at 124 William Street. Aldermen have been briefed on the background to the William Street school crossing, traffic and safety matters at Council workshops held on 8 October and more recently on 22 November. The recent workshop also allowed ideas and concerns to be outlined by the owner of Chicken Treat, the Devonport High School Principal and Department of Infrastructure Energy and Resources (DIER) traffic and safety representatives.

The business owner/operator of Chicken Treat has previously raised the matter of restricted right turn manoeuvres into the Chicken Treat business drive through by northbound traffic from William Street. The operator has previously claimed the right turn restriction is adversely impacting on the Chicken Treat business. Council Officers have met and discussed the traffic issues with the operators and also investigated and considered alternative options.

As background, prior to the opening of the 124 William Street Chicken Treat development (planning application stage) the developer was advised of a list of engineering conditions/requirements. The conditions were generally standard requirements for a fast food drive through commercial development and included submission of a Traffic Impact Assessment (TIA). A TIA was required to allow the developer’s engineer and Council Officers to undertake an informed assessment of the likely impact of increased vehicular and pedestrian traffic associated with the development. The TIA and traffic management proposal was prepared by the developer’s engineering consultant. The initial solution proposed was to impose parking restrictions on the western side of William Street (immediately north of the crossing). However this solution was discussed and considered inappropriate due to the proximity to the school crossing and the likely danger of cars queuing through the school crossing. This situation had the potential to cause congestion at both the school crossing and the Stewart Street junction thereby causing confusion and unsafe conditions for vehicles and pedestrians. Through the process of assessment and

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ITEM 13.1

discussions between the developer’s engineer and Council’s engineering staff it was determined that preventing right turn manoeuvres by northbound traffic was a preferable solution and that this was best achieved by constructing a median island connected to the school crossing. The TIA assessment was also referred to the Department of Infrastructure Energy and Resources DIER traffic branch. DIER endorsed and supported the traffic management treatments and the conditions set out in the approved development permit. The construction of the extended median island and modification to the school crossing therefore became a condition of the development approval and was subsequently undertaken by the developer. It should also be noted that within the developers TIA it was also stated that a “Right Tum Exit from Site” would be an “unacceptable traffic condition”. The school crossing and centre median therefore performs another important function in preventing a right turn out (exit) manoeuvre onto William Street. Therefore any option to remove or relocate the school crossing/centre median must also consider a method to prevent “right turn out” manoeuvres.

COMMENTARY Council’s Road Network Strategy (RNS) identifies William Street as a sub arterial road. A fundamental and priority requirement of sub arterial roads is to maintain high volume, efficient and safe traffic flow. A recent traffic count in this section of William Street indicates the vehicle volumes at approximately 12,800 vehicles per day. Existing congestion and road safety issues in the section of William Street between Steele and Best Streets are highlighted in the RNS strategy background report. These issues are stated as an impediment to CBD access and received specific mention as a "key issue" in section 6.2 of the report. The strategy background report (Section 6.4 "Safety") confirms that William/Steele and William/Best Street intersections have the highest and second highest crash history in the city.

Crash data for William Street in the section between Steele and Best Street indicates significant record of more than 77 reported crashes in a five year period. These crashes are also recorded by collision type and the following statistics indicate there is pre-existing issue related to turning traffic.

20 collisions involving vehicles in “same lane rear end” 24 collisions involving vehicles “crossing traffic” (similar to image below)

The Advocate 10 July 2012

The William Street school crossing was first installed around 12 years ago. This was at the time Reece High School co-located at Devonport High School (DHS) campus following the Reece High School fire. The “unmanned” school crossing has now become a permanent

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feature. The retention of a school crossing in William Street is supported by DIER’s Northwest Road Safety Officer and also the Devonport High School Principal.

In summary, the comments received back from the Road Safety Officer recently are:

The site meets the warrants for a school crossing (with around 1200 vehicles in the morning peak hour)

The revised school crossing has significantly improved safety for students crossing William Street (they can cross in two stages)

Relocation of the school crossing from its current location may cause unsafe crossing as there is a clear “desire line” for pedestrian movement from the school toward Stewart Street. The existing location of the school crossing is close to the favoured exit point for students who live or journey to the South east quarter of the city and also a vehicular drop-off/pickup location in Stewart Street.

School crossing and extended median looking north

The option of removing/relocating the school crossing has also been raised at the Traffic Committee and the following additional comments were received;

Moving the school crossing south of the existing location (to facilitate right hand turns) would result in vehicle queuing (at both the school crossing and opposite 124 William) and result in blocked entry/exit at the Stewart Street junction.

Moving the school crossing north of the existing location would be undesirable for the following reasons;

o The school crossing would not be in the current optimal location and the pedestrian (students) desired line (habit/preference to walk shortest direct line) would be lost resulting in unsafe crossing away from the school crossing point.

o Reduction in road network efficiency on a major traffic corridor.

o It would further add to unsafe pedestrian and traffic conditions, especially at peak times the Phoenix Coaches and Mersey Link bus stop would be very close to the school crossing. The bus timetabling involves many buses performing drop off and pick-up of students at peak traffic times. Relocating the school crossing closer to the bus stop would result in obstruction of vision and safe sight lines and increased distraction for motorists(less than the required 20 metres on the approach side).

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ITEM 13.1

o Relocation of the bus stop/s has been considered but there is no suitable alternative location due to property access constraints, safe and efficient traffic flow and pedestrian safety and business impacts.

o An alternative signalised pedestrian crossing has been considered but has been determined unsuitable because it adds no obvious safety benefit for pedestrians and may adversely affect efficient traffic flow.

The Chicken Treat operator and property owner have both separately expressed their opinion and sought relocation of the school crossing and median to facilitate right hand turns into Chicken Treat. In making known their concerns both the property owner and the operator has acknowledged the important need for the school crossing and also the existing traffic issues related to vehicle queuing and turning in William Street. Both have asked for consideration to relocate the crossing approximately 20 metres north of the current location. The Devonport High School has also been consulted and the Principal has advised that his main concern is student safety. The Principal did offer to assist Council in closing old and opening new pedestrian access points to the school if relocation of the school crossing was determined to be no less safe than the current location. Given the issues identified it would seem the requirement for a “no less safe” crossing for students could not be guaranteed.

Some final comments are that the practical endorsement of the “no right turn” median island treatment/measures is supported by comparison with recent traffic control treatments applied to Formby Road (17,000 VPD). There has been a significant improvement in the rear end collision crashes in Formby Road following the installation of a centre median island. This treatment has eliminated unsafe vehicular turns into (and exit from) the businesses fronting Formby Road.

Another consideration in assessing the relocation of the school crossing is that vehicle queuing could potentially occur elsewhere and impact on other existing properties/ businesses.

Also, should Council determine to support relocation of the existing school crossing it would require:

a full investigation and extensive consultation and design to first be approved by DIER traffic branch under the requirements of the Traffic Act,

1925.

FINANCIAL IMPLICATIONS There are no financial implications for Council if the median island and school crossing remain in the current location. However any decision to further investigate relocation of the school crossing would involve investigation/consultation/design costs (approximately $3000-$5000) and the removal/reinstallation of the school crossing/median island treatment would be of the order of $15,000-$20,000.

RISK IMPLICATIONS Occupational Health and Safety

The removal of the school crossing may result in students crossing William in an uncontrolled/unsafe manner as there is likely to be a reluctance to use the signalised pedestrian crossing at William and Best Street. This is considered a moderate risk.

Assets, Property and Infrastructure The removal or relocation of the school crossing and median Island may impact negatively on other properties/business, the Devonport High School and traffic flow and safety in William Street. This is considered a moderate risk.

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ITEM 13.1

Contractual/Legal There is potential legal risk that the business owner might choose to take legal action if Council determine not to take any further action on the matter. Given the school crossing existed before the development and its safety importance to the community, it is unlikely any legal action against Council would be successful. It is also noted that the inclusion of the median island was identified in the owners TIA submitted as part of the building approval process.

Financial Any decision or undertaking by Council to review and remove/relocate infrastructure would impact on Council’s 2012/13 operational and capital budgets if the cost of removal/relocation is borne by Council.

Communication/Reputation There is a potential risk to Council’s reputation if the business owner claims unfair or unreasonable treatment by Council or its staff and involve the media. This is also considered a low risk. There is also a risk that any attempt to remove the school crossing might be viewed negatively by the community/school. This is considered a moderate risk.

CONCLUSION The existing school crossing serves an important safety function for students and the public crossing William Street. Although the existing school crossing is not perfect it has been determined as being located in the best/optimal position allowing students to cross William Street to/from the bus stop and also transit to and from the south and eastern areas of the city. The centre median island treatment attached to the school crossing (adjacent to the 124 William Street development) was designed by the developer’s engineer and installed as part of the approved engineering conditions for the development. The design solution was reviewed and approved by Council Officers and DIER traffic branch. It is reasonable to conclude that the median island treatment and school crossing in William Street is consistent with standard and proper traffic management practices and is integral to ensuring safe and efficient traffic flow and pedestrian movement in William Street. The option to relocate the crossing has been considered and there are noted issues which are likely to adversely impact on both pedestrian and vehicular safety and road network efficiency.

ATTACHMENTS Nil

Recommendation

RECOMMENDATION That the information regarding the school crossing and the median island adjacent the Chicken Treat development at 124 William Street be noted and Council support retaining the school crossing and median island in its current location.

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ITEM 13.2

13.2 Capital Works Report

13.2 CAPITAL WORKS REPORT File: 26405 D283543

RELEVANT PORTFOLIO Technical and Finance

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

Strategy 2.3.5 Develop and maintain a long term Capital Improvement Program

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 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 program is reviewed quarterly to amend schedules which are known to have changed for external reasons. The next review is scheduled this week and will carefully consider alternative resourcing options where progress is behind or needs to be advanced. The attachment indicates the anticipated construction time frames for each project at present. All aspects of planning, design, delivery and capitalisation of projects are progressing with a number of projects completed, some under construction or about to commence with tenders awarded and contractors engaged for others. Fifty Three projects have substantial progress in design and planning in addition to those for which construction has commenced.

Other works from the current year now complete include John Street road works, Devonport Oval scoreboard and David Street footpath works. Projects which are well progressed include the Mersey River Foreshore, Forth Road Rehabilitation, Harold – Hiller intersection reconstruction.

Projects scheduled to commence shortly include the William Street - Valley Road Intersection works, Forthside guardrail, Waste Transfer Station access road and the Pedestrian Network Strategy (Oldaker Street) action plan.

Sheffield Road works are continuing with drainage pits in progress and kerb and channel about to commence on the Western side.

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ITEM 13.2

The Aquatic Centre ground works continue with the concrete slab to the northern building substantially complete and commencement of pre-cast columns scheduled before Christmas.

Demolition works at 20-22 Wenvoe Street has been completed, however the car park works is on hold awaiting EPA clearance following the removal of two old underground fuel tanks. The Cricket Club Amenities is complete and the Oval Visitors change Room showers are well progressed.

The plant, vehicle and IT renewal items are advancing and generally on program.

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

Recommendation

ATTACHMENTS 1. Capital Works Programme

RECOMMENDATION That the progress report on the 2012/13 Capital Works Program be noted.

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ITEM 13.2

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PAGE 736 Capital Works Programme ATTACHMENT [1]

ITEM 13.2

 

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PAGE 737 Capital Works Programme ATTACHMENT [1]

ITEM 13.2

 

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ITEM 13.3

13.3 Spreyton Netball Centre - Court Surfacing

13.3 SPREYTON NETBALL CENTRE - COURT SURFACING File: 12641 D283664

RELEVANT PORTFOLIO Technical and Finance

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

Strategy 2.3.3 Provide and maintain Council buildings, facilities and amenities

PURPOSE To award a contract for the preparation, supply and placement of coloured surfacing and remarking of lines at the Spreyton Netball Centre.

BACKGROUND This report considers tenders received for the preparation, supply and placement of an acrylic coloured surfacing to be applied over the existing netball courts and also the former (non coloured) tennis courts. This work forms part of a larger project listed within the 2012/13 Capital Works program.

COMMENTARY The project has been allocated a total budget of $204,800 within the 2012/13 capital works budget, however following adoption of the budget an additional contribution of funds was secured from the Devon Netball Association (DNA). Therefore the amended budget amount and source of funding is:

Devonport City Council $124,800 Sport and Recreation Tasmania- Major Grant $ 80,000 Devon Netball Association $ 37,353

TOTAL $242,153 The work included within this tender is for the specialised acrylic colour coating (resurfacing) of ten existing netball courts and the preparation and application of a new colour coating to the four existing tennis courts. The scope also includes line marking of all resurfaced courts. Other works not forming part of this tender includes subsurface drainage, perimeter asphalt work and run-off improvements and the temporary removal and reinstallation of seating and litter bin installations. This work will be completed in house by Council staff.

Tenders were received from suppliers as follows;

Contractor Cost Guarantee

Able to do within timeframe References / Notes

Blacktac $157,572.00 5 years yes

Local (Tas) company who have completed similar work for Council and proven reliable and competent.

Kangaroo Courts $135,750.00 5 years Not asked Gecko Surfacing Solutions

$109,181.00 GeckoPave “Acrylic surfacing” - Product and installation

yes Advice from previous clients is positive and each confirmed their recommendation based on overall

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ITEM 13.3

guarantee of 5 years for this application.

performance, service, workmanship and product. Project clients included Deer Park Primary School 4000m2 (Vic), Casey Fields Athletic Centre 9000m2 (Vic) & Sale Netball complex 9500m2.

Gecko Surfacing Solutions Gecko Pave® Acrylic Surfacing System conforms to Quality Standard ISO 9001 and meets the requirements for fit for purpose performance and athlete safety. Gecko Surfacing Solutions are a Melbourne based company and have indicated that they can schedule the resurfacing work for very early in 2013. This programme scheduling will meet the DNA roster requirements. Referee checks with all of the clients listed above have been undertaken and the response was positive.

Therefore based on the product suitability, the tender prices, the confirmed programme and client referees it is considered that Gecko Surfacing Solutions offer best value for money for Council.

FINANCIAL IMPLICATIONS The allocated 2012/13 Capital Works budget for this project was previously $204,800 and the amended budget including a contribution from the Devon Netball Association is $242,153. The estimated project cost inclusive of all other associated works, based on the lowest tender price of $109,181 is expected to be $239,100 and therefore within the amended budget.

RISK IMPLICATIONS Occupational Health and Safety

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

Political/Governance The tender administration and reporting processes related to this contract comply with Division 2A- Tenders and contracts for goods and services of the Local Government Act, 1993.

Assets, Property and Infrastructure 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 Contract management of consultants and contractors is carried out in accordance with developed policy, procedures and the Code for Tenders and Contracts.

Financial The tender amount is within the budgeted allowance and is unlikely to impose additional or unexpected financial risk to Council.

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

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ITEM 13.3

CONCLUSION Following an evaluation of the tenders received for the preparation, supply and placement of coloured surfacing and line marking, it is recommend that Gecko Surfacing Solutions be awarded the contract for the tender price of $109,181.00 excluding GST

ATTACHMENTS Nil

Recommendation

RECOMMENDATION That the Tender submitted by Gecko Surfacing Solutions Pty Ltd for preparation, supply and placement of coloured surfacing at the Spreyton Netball Centre be accepted for the tendered sum of $109,181.00 excluding GST.

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ITEM 13.4

13.4 Tender - Contract 1229, Nicholls Street (Ronald - William Streets) Reconstruction

13.4 TENDER - CONTRACT 1229, NICHOLLS STREET (RONALD - WILLIAM STREETS) RECONSTRUCTION

File: 27932 D284628

RELEVANT PORTFOLIO Technical and Finance

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

Strategy 2.3.1 Provide and maintain roads, bridges, footpaths, bikeways and carparks at appropriate standards

PURPOSE To award a contract for the reconstruction of the road pavement, kerb and channel and other minor works in Nicholls Street, between Ronald to William Streets.

BACKGROUND This report considers tenders received for Contract 1229, “Nicholls Street (Ronald to William Street) reconstruction” listed within the 2012/13 Capital Works Program.

COMMENTARY Tenders were publicly advertised and at the nominated closing time tenders were received from three companies. All tenders received are conforming tenders and are summarised in Table 1:

Table 1

CONTRACTOR MAIN OFFICE BASE

TENDER SUM (excluding GST)

Kentish Construction and Engineering Company Pty Ltd (Trading as Treloar Transport) Sheffield $ 255,064.00

Harding Hotmix Pty Ltd Ulverstone $ 340,664.30

Venarchie Contracting Pty Ltd Mowbray $ 354,735.50

From the Table 1 summary Kentish Construction and Engineering Company Pty Ltd ($255,064.00) is the lowest tender. The tender evaluation panel has considered each of the selection criteria and Kentish Construction and Engineering Company Pty Ltd has ranked highest overall and have been determined as offering best value for money.

In addition to the works included within the tender schedule there is the opportunity to include additional work. One additional item which Council Officers consider worthy of consideration is the renewal of the entire length of kerb & channel rather than selected fully failed sections. The option to replace the entire length is considered prudent given the kerb and channel is nearing the end of its useful life and the rates offered within the tender schedule present a clear economic advantage for asset renewal as part of the contract rather than deferring the replacement of the kerb to a future capital works budget. Complete replacement would also allow a slight widening of the road to meet the required design standard for this classification of road. Based on the submitted rates in

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ITEM 13.4

the tender schedule, the replacement of kerb & channel, road widening and associated reinstatement work would cost an additional $118,262.

In addition to the tendered work the projected final Design, Project Management & Overhead cost is expected to be $40,000. Therefore the total project cost is estimated at $413,326.

FINANCIAL IMPLICATIONS The allocated 2012/13 Capital Works budget for this project is $431,000 therefore the estimated total project cost of $413,326 is within the allocated capital works budget.

RISK IMPLICATIONS Occupational Health and Safety

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

Political/Governance The tender administration and reporting processes related to this contract comply with Division 2A- Tenders and contracts for goods and services of the Local Government Act, 1993.

Assets, Property and Infrastructure 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 Contract management of consultants and contractors is carried out in accordance with developed policy, procedures and the Code for Tenders and Contracts.

Financial The tender amount is within the budgeted allowance and is unlikely to impose additional or unexpected financial risk to Council.

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

CONCLUSION Following an evaluation of the tenders received for the Nicholls Street (Ronald to William Street) reconstruction (Contract No. 1229), it is determined that Kentish Construction and Engineering Company Pty Ltd offer best value for Council.

ATTACHMENTS Nil

Recommendation

RECOMMENDATION That the Tender submitted by Kentish Construction and Engineering Company Pty Ltd for Contract 1229 – Nicholls Street (Ronald to William) reconstruction is accepted for the tendered sum of $255,064.00.

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ITEM 13.5

13.5 Finance Report for November 2012

13.5 FINANCE REPORT FOR NOVEMBER 2012

File: 26544 D285645

RELEVANT PORTFOLIO Technical and Finance

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

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 and operational outcomes against budget for the current financial year.

BACKGROUND Monthly financial reports are provided to Council for information.

COMMENTARY The attached report provides an overview of Council’s financial position and year to date operating result as of 30 November 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.

RISK IMPLICATIONS Financial Risks

Page 410: Devonport Council Agenda 17th December 2012

PAGE 744

Report to Council Meeting on 17 December 2012

ITEM 13.5

In relation to item 42 of Council’s Risk Register for Financial Risks: “Inaccurate information provided to decision makers could lead to misguided or inappropriate decisions being made.”

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 17 December 2012 Finance Report Attachment

2. 26544 ca 17 December 2012 Finance Report Attachment 2 Capital

Recommendation

RECOMMENDATION That the Finance Report for November 2012 be noted.

Page 411: Devonport Council Agenda 17th December 2012

PAGE 745 26544 ca 17 December 2012 Finance Report Attachment ATTACHMENT [1]

ITEM 13.5

 

FINANCIAL SUMMARY YTD to November 2012

Operating Summary Annual CurrentBudget Actual Budget Forecast

Revenue 28,369,343 28,517,067 33,913,596 33,890,127 Expenditure 14,671,643 14,362,213 34,773,596 34,755,571

Operating Position 13,697,700 14,154,854 (860,000) (865,444)

Capital Expenditure Summary Annual CurrentBudget Actual Forecast

Capital Expenditure 21,624,107 3,046,325 21,521,418

Cash InformationNovember

2012June2012

Operat ing Account (Reconciled balance) 95,462 (208,778) Interest-Earning Deposits 18,750,079 11,607,593

18,845,541 11,398,815

Debtor Information

9,183,732 37.1%Rates Debtors 9,440,634 486,205 142,864 Infringement Debtors 115,228 79,163 31,490 Sundry Debtors 213,324 674,901 11,063 Planning & Health Debtors 5,765 3,602 71,486

9,774,952 1,243,871 9,440,634

Cash Investment InformationRate

ANZ Cash Deposits 4.50% at call 17,719,872 CBA Cash Deposits 3.25% at call 1,030,207

All cash investments are invested in compliance with Council's Investment Policy. 18,750,079

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 November 2012, the forecast for income is expected to be slight ly worse than budgeted, result ing in a forecast operat ing deficit of $865K. This is a deterioration of $5K from the original budget result due to a number of factors including $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 and $250K reduction in FAG funding compared to budget. These losses have been offset somewhat by $110K unbudgeted receipt of reimbursement from the State Government for the 2011 flood damage, $125K addit ional interest earnings predicted due to higher than anticipated interest rates and investment balances and savings in Rates and Land Tax costs for the year.

% 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. Now we are almost at the half-way point for the year, these advance funding amounts are beginning to be consumed as the aquatic centre redevelopment ramps up, and rates amounts received are start ing to slow.

2012/2013 - Current2011/2012 - 1 Year2010/2011 - 2 Years2009/2010 - 3 Years

2008/2009 - Older

November 2012

Rates Debtors Ageing

November 2012

June 2012

November 2012

Page 412: Devonport Council Agenda 17th December 2012

PAGE 746 26544 ca 17 December 2012 Finance Report Attachment ATTACHMENT [1]

ITEM 13.5

 

SUMMARISED OPERATING REPORT YTD to November 2012

Full BudgetBudget Actual $ % 2012

INCOME NoteRates and Service Charges 24,673,144 24,738,774 65,630 0.3% 24,768,288 Fees and User Charges 2,360,467 2,251,621 (108,846) -4.6% 5,829,232 Grants - Operating 689,500 644,132 (45,368) -6.6% 1,262,000 Contributions - Operating 25,000 23,885 (1,115) -4.5% 60,000 Investment Revenue 371,784 435,638 63,853 17.2% 1,464,518 1Other Revenue 249,448 423,017 173,569 69.6% 529,558 2

TOTAL INCOME 28,369,343 28,517,067 147,723 0.5% 33,913,596

EXPENSESEmployee Benefits 4,920,948 5,240,271 (319,323) -6.5% 11,824,808 3Materials and Services 4,815,729 4,102,852 712,877 14.8% 11,281,712 4Depreciation 3,590,750 3,627,816 (37,066) -1.0% 8,617,800 Financial Costs 142,583 143,030 (447) -0.3% 651,000 Levies & Taxes 1,197,731 1,083,182 114,549 9.6% 2,755,464 5Other Expenses 444,927 580,188 (135,261) -30.4% 701,276 6Internal Charges and Recoveries (441,025) (415,128) (25,898) 5.9% (1,058,464)

TOTAL EXPENSES 14,671,643 14,362,213 309,430 2.1% 34,773,596

NET OPERATING SURPLUS / (DEFICIT) 13,697,700 14,154,854 457,154 3.3% (860,000)

Own Source Revenue: 97.5% 97.7% 96.1%

Indicator:

Variance is less than 10% and dollar variance threshold from budget and is within acceptable limits Variance is greater than 10% and/or $125000 threshold from budget and requires explanation

Note Commentary1

2

3

4

5

6

YTD YTD Variance

Interest income is currently $120K ahead of budget, as a result of both higher interest rates being achieved, and higher than anticipated investment balances for the first four months of the year. A forecast adjustment has been made to reflect this. Offsetting gains from interest income, is a $55K YTD shortfall in dividends, due to timing of actual v budget.$110K income received from the State Government to reimburse costs associated with 2011 flood damage. Adjustment made in forecast to reflect this. Additionally, MPES recoveries are $69K above budget YTD. This amount is offset by a $49K increase in bad debt write-offs representing infringement debtors forwarded to MPES and treated as "Other Expenses".Employee benefits are currently over budget by $319K, partly due to timing of budget allocations in each period, and partly due to more timesheet hours being charged to operations than anticipated. This variance is expected to improve by the end of January 2013, as a significant amount of leave balances will be taken, reducing salary and wage costs allocated to the current year expenditures. This variance will be monitored closely as the year progresses.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, Major Maintenance and General Meterials for maintenance activities.Difference relates to over-estimated costs for Rates and Land Tax in the budget. Actual expenditures now recorded, resulting in budget savings of $115K. Forecast adjustements made to reflect this.Difference relates to $96K rates remissions provided to high value residential properties as a result of the decision at the September Council meeting, plus $49K unbudgeted bad debts expense relating to amounts forwarded to MPES for the year (offset by additional income retrieved from MPES and treated as "other income").

Page 413: Devonport Council Agenda 17th December 2012

PAGE 747 26544 ca 17 December 2012 Finance Report Attachment ATTACHMENT [1]

ITEM 13.5

 

FINANCIAL CHARTS Year to Date to end of November 2012

(1,000,000)

1,000,000 

2,000,000 

3,000,000 

4,000,000 

5,000,000 

6,000,000 

Employee Benefits

Materials & Services

Depreciation Finance Costs Levies & Taxes Other Expenses

Internal Charges

2013 YTD 5,240,271  4,102,852  3,627,816  143,030  1,083,182  580,188  (415,128)

Bud YTD 4,920,948  4,815,729  3,590,750  142,583  1,197,731  444,927  (441,025)

2012 YTD 4,906,250  3,658,217  3,326,831  148,485  1,157,734  336,838  (319,097)

$ Expenditure

Expenditure Analysis

5,000,000 

10,000,000 

15,000,000 

20,000,000 

25,000,000 

Rates & Utility Charges

Fees & Charges Grants Contributions Dividends and Other 

Investment 

Income

Other Income

2013 YTD 24,738,774  2,251,621  644,132  23,885  435,638  423,017 

Bud YTD 24,673,144  2,360,467  689,500  25,000  371,784  249,448 

2012 YTD 23,834,656  2,078,906  1,021,327  32,062  416,826  243,221 

$ Income

Income Analysis

Start Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

2013 Budget ‐ 891  1,860  3,155  4,276  5,696  7,213  10,173  12,607  14,456  16,533  18,669  22,003 

2013 Actual ‐ 134  645  1,406  1,946  3,207 

PY Budget ‐ 1,310  2,620  3,930  5,240  6,550  7,860  9,170  10,480  11,790  13,100  14,410  15,720 

PY Actual ‐ 217  668  1,263  1,758  2,629  3,680  5,978  7,623  8,452  9,473  10,315  13,175 

$0

$5,000

$10,000

$15,000

$20,000

$25,000

Accumulated Expenditure ‐$'000

Capital Expenditure ‐ $'000

Page 414: Devonport Council Agenda 17th December 2012

PAGE 748 26544 ca 17 December 2012 Finance Report Attachment ATTACHMENT [1]

ITEM 13.5

 

BALANCE SHEET REPORT As at November 2012

30 Nov 2012 30 Jun 2012Current AssetsCash at Bank and On Hand 384,438 (208,778) Trust Deposits 312,432 320,779 Cash Investments 18,750,079 11,607,593 Receivables - Rates and Utility Charges 9,440,634 486,205 Receivables - Infringements 115,228 79,163 Receivables - Sundry 213,324 674,901 Receivables - Planning & Health 5,765 3,602 Loans Receivable - Current 320,234 260,028 Accrued Revenue - 196,396 Prepayments - 105,094 Net GST Receivable 141,276 174,900

29,683,410 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 527,631,715 526,944,951 Accumulated Depreciation - PP&E (208,463,456) (206,466,569) Capital Work in Progress 12,727,340 12,428,279

411,103,891 412,114,952

Total Assets 440,787,302 425,814,834

Current LiabilitiesTrade Creditors 955,105 377,622 Accruals 361,718 2,260,724 Trust Liability 315,375 376,097 Loans - Current 948,370 948,370 Annual Leave 1,237,811 1,158,595 Long Service Leave - Current 970,424 921,453

4,788,802 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 12,829,533 14,152,951

Net Assets 427,957,769 411,661,884

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) 14,382,956 747,831 Capital Surplus / (Deficit) 1,912,929 3,553,242

Total Equity 427,957,769 411,661,884

Current Ratio: 6.20 2.27

The Current ratio indicates Council's ability to pay its debts as and when they become due.A ratio of one or higher is required for the entity to remain solvent.

Page 415: Devonport Council Agenda 17th December 2012

PAGE 749 26544 ca 17 December 2012 Finance Report Attachment 2 Capital ATTACHMENT [2]

ITEM 13.5

 

Capital Expenditure Report

As at November 2012 Prior Budget Prior Actual 2013 Budget 2013 Actual 2013 Forecast$ $ $ $ $ Commentary

Open Space & RecreationCP0009 Open Space Management Plans 11,197 11,197 68,803 246 68,803 CP0016 Conc strip sth vic parade ramp - 2,100 - CP0021 Aquatic Centre - Indoor Facility Stage 2 886,606 886,606 10,163,394 1,157,868 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 39,920 111,090 CP0037 Cycling Network Strategy Action Plan Year 2 - Miandetta Link at

Formby Rd 75,000 6,068 75,000 CP0038 Devonport Oval - Scoreboard replacement 140,000 34,152 140,000 CP0039 Mersey Bluff Car Park Extension 120,000 933 120,000 CP0040 Lovett St Soccer ground No 1 irrigation 49,000 47,304 49,000 CP0041 Mersey Vale Master Plan works 12/13 200,000 41,888 200,000 CP0042 Clayton Drive CNBC Repatriation Project 82,000 49,567 82,000 CP0043 Madden Street Park Surface Restoration 42,000 4,859 42,000 CP0045 Reg Hope Park Fence & Seating (Julie Burgess) 11,000 1,600 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 18,508 18,000 CP0049 Walking Track Remediation - renewal program 60,000 23,943 60,000 CP0050 Victoria Parade Replace Sprinkler Heads Program 14,700 15,700 14,700 CP0051 Vietnam veterans Wall Reconstruction 26,000 1,823 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 38,900 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 10,345 11,000 CP0060 Spreyton Netball Courts - resurface, S/W 204,800 10,918 242,153 Additional scope & contribution to budget amount by Devon Netball Assoc.

CP0061 Devonport Rec Centre - Security 120,000 229 120,000 CP0062 SLST Report Signage 5,000 1,673 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 1,470,414 12,272,069

Page 416: Devonport Council Agenda 17th December 2012

PAGE 750 26544 ca 17 December 2012 Finance Report Attachment 2 Capital ATTACHMENT [2]

ITEM 13.5

 

Capital Expenditure Report

As at November 2012 Prior Budget Prior Actual 2013 Budget 2013 Actual 2013 Forecast$ $ $ $ $

BuildingsCB0009 Art Perm Coll & Conservation - 15,949 - CB0015 DRG OS Storage Fac St2 - (15,079) - CB0016 Maritime Museum Enhancement Project 1,371,550 1,371,550 523,096 456,421 523,096 CB0024 Julie Burgess project 1,840,606 1,840,606 35,345 34,247 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 1,702 10,000 CB0030 Art Storage Facility (Racking) 148,000 762 148,000 CB0031 Maritime Museum - Display Boxes 50,000 - 50,000 CB0032 Melrose Hall - Exterior wall clad 22,000 183 22,000 CB0033 Spreyton Hall - Exterior wall clad 15,200 170 15,200 CB0034 Mersey Bluff caravan park 150,000 1,166 150,000 CB0035 DECC - Laneway 5,100 2,047 5,100 CB0036 Tiagarra - toilet access ramps 10,000 5,119 10,000 CB0037 Automatic gate and security upgrade for Operations Centre 64,300 123 64,300 CB0038 Wenvoe Street Carpark - Building demolition 95,000 17,466 95,000 CB0039 WTS Access Road gravel preparation, 2 coat seal & Drainage 22,000 3,476 22,000 CB0040 WTS Cover over oil store 11,600 1,877 11,600 Total Buildings 3,256,898 3,256,897 1,436,899 525,629 1,436,899

StormwaterCS0006 Tugrah Road K&D - - - CS0007 Manhole Lid Replacement 12/13 25,000 48 25,000 CS0008 Torquay Road - Table Drain & Pavement upgrade 130,000 5,466 130,000 CS0009 Tasman St Easement Drainage 100,000 3,596 100,000 CS0010 Pit Replacement 12/13 50,000 653 50,000 CS0011 Minor Stormwater Works 12/13 30,000 12,683 30,000 CS0012 SW Outfall Risk Improvement & Renewal 12/13 20,000 38 20,000 CS0013 Turton Street SW pipe installation 80,000 324 80,000 CS0014 Waverley Rd SW drainage 33,000 1,097 33,000 CS0015 William St SW Catchment Upgrade - Stage 2 137,000 1,440 137,000 Total Stormwater - - 605,000 25,347 605,000

Page 417: Devonport Council Agenda 17th December 2012

PAGE 751 26544 ca 17 December 2012 Finance Report Attachment 2 Capital ATTACHMENT [2]

ITEM 13.5  

Capital Expenditure Report

As at November 2012 Prior Budget Prior Actual 2013 Budget 2013 Actual 2013 Forecast$ $ $ $ $

TransportCT0002 Bridge Rd Pavement Recon - 35 - CT0004 James & North Fenton K&C 21,976 21,976 248,024 239,622 248,024 CT0010 Tasman Place reconstruction - 1,539 - CT0015 Stewart St Redev Stage 2 - - - CT0031 Parking Machines - 1,697 - CT0032 Sheffiled Road K&C stage 7 & 8 50,405 50,405 466,342 270,596 475,000 Forecast up due to increased scope

CT0037 Road Network Minor Works 12/13 25,000 48 25,000 CT0038 Re-seal programme 12/13 600,000 18,250 600,000 CT0039 Street Light Provision 12/13 20,000 81 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 1,925 15,500 Forecast up due to increased scope

CT0042 Saleyards Road Pavement Reconstruction 126,000 261 126,000 CT0043 Stephen Street Renewal - Wright to Tarleton 90,000 4,949 75,000 Forecast reduced

CT0044 Edward Street Renewal (including Stewart Junction) 215,000 5,309 215,000 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 14,159 285,000 CT0047 Harold - Hiller Intersection reconstruction 20,000 6,569 15,000 Revised forecast down based on project design and revised estimate

CT0048 David Street K&C replacement - # 45 to 47, # 63 to 65 45,000 890 45,000 CT0049 John Street Pavement Rehabilitation Wright St to Tarleton St 175,000 154,585 143,000 Revised forecast down based on project design and revised estimate

CT0050 Madden Place Reconstruction 110,000 4,305 110,000 CT0051 Nicholls St/Ronald to William 431,000 9,624 431,000 CT0052 William Street pavement reconstruction - James to Nicholls 250,000 2,196 250,000 CT0053 Pedestrian Network Strategy (2012) Action Plan Implementation 15,000 7,379 20,000 Forecast up due to increased scope

CT0054 Road Traffic Devices Minor Works 12/13 25,000 5,681 25,000 CT0055 12/13 Devonport Road Network Strategy (2009) Action Plan

Implementation 100,000 2,348 100,000 CT0056 Forthside Rd Guardrails - upgrade to current standard 15,000 220 20,000 Forecast up

CT0057 Bellamy Road Safety Improvements 63,000 1,865 23,000 Revised forecast is $23K - no blackspot funding

CT0058 Lillico Road reconstruction & widening (south of Railway Line) 80,000 22,750 80,000 CT0059 Kelcey Tier Road safety improvements Stage 1 111,000 3,623 111,000 CT0060 Forth Road Rehabilitation south of Waverley Road 50,000 15,368 50,000 CT0061 Best & Sorell intersection New Roundabout 220,000 5,283 220,000 CT0062 David-John RAB 220,000 2,122 220,000 CT0063 Nicholls & Gunn intersection New Roundabout 250,000 1,587 250,000 CT0064 Thomas & Wright intersection New Roundabout 280,000 1,798 280,000 CT0065 Stony Rise Rd-Tugrah Rd-Bass Hwy off ramp New Roundabout 454,000 7,680 454,000 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 20,443 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 5,082 58,000 CT0073 Oldaker Street Footpath - Rooke to North Fenton 20,000 59 20,000 CT0074 Drew Street to Tarleton Street Footpath Renewal 25,000 837 25,000 CT0075 PAYL Parking - 228 100,000 PAYL budget deferred to future years, since brought forward for actioning in current financial year.Total Transport 72,381 72,381 5,542,366 860,143 5,402,324

Page 418: Devonport Council Agenda 17th December 2012

PAGE 752 26544 ca 17 December 2012 Finance Report Attachment 2 Capital ATTACHMENT [2]

ITEM 13.5

 

Capital Expenditure Report

As at November 2012 Prior Budget Prior Actual 2013 Budget 2013 Actual 2013 Forecast$ $ $ $ $

Plant & FleetCF0004 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 12/13 152,000 165,397 152,000

Proceeds on disposal / trade-in of assets (134,545) Total Plant & Fleet - - 871,800 66,171 871,800

Other EquipmentCC0001 Information Technology 26,710 26,710 38,600 38,600 38,600 CC0002 Information Technology 12/13 264,251 47,299 264,251 CC0003 Maritime Museum Ship Simulator 600,000 - 600,000 CE0002 Furniture & Fittings 12/13 30,475 12,724 30,475 Total Other Equipment 26,710 26,710 933,326 98,622 933,326

TOTAL CAPITAL EXPENDITURE 4,286,050 4,286,049 21,624,107 3,046,325 21,521,418