16 august 2012 - derwent valley council august 201… · 2012 (hand delivered), with follow up 2...

MINUTES

DERWENT VALLEY COUNCIL

Council Meeting

Thursday, 16 August 2012

6.30pm

Court House New Norfolk

DEPUTY MAYOR'S CERTIFICATION I hereby certify that these Minutes are a true and correct record of the meeting. BARRY LATHEY DEPUTY MAYOR

Derwent Valley Council Council Meeting Minutes

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CONTENTS

1. CONFIRMATION OF MINUTES ....................................................................... 4

2. BRIEFING TO COUNCIL ................................................................................... 5

3. QUESTION TIME ................................................................................................ 5

4. MAYOR’S COMMUNICATIONS ...................................................................... 6

5. NOTIFICATION OF COUNCIL WORKSHOPS ................................................ 7

6. DECLARATION OF PECUNIARY INTEREST ................................................ 7

7. COUNCIL ACTING AS A PLANNING AUTHORITY ..................................... 7

8. CONSIDERATION OF SUPPLEMENTARY ITEMS TO THE AGENDA ....... 7

9. MOTIONS ON NOTICE ...................................................................................... 8

10. REPORTS OF OFFICERS ................................................................................... 9

10.1 FINANCIAL REPORT ............................................................................... 9

10.2 PLANNING APPLICATIONS DEALT WITH BY DELEGATION ...... 12

10.3 SUPPORT FOR GONSKI REPORT FINDINGS .................................... 16

10.4 INFORMATION HANDOUT FOLDERS: DERWENT VALLEY COUNCIL ................................................................................................. 20

10.5 STAGE 5 GATEWAY ESTATE - STREET NAMES ............................. 24

10.6 NOMINATION OF MUNICIPAL EMERGENCY MANAGEMENT COORDINATOR AND DEPUTY MUNICIPAL EMERGENCY MANAGEMENT COORDINATOR ........................................................ 28

10.7 REPORT REVIEW OF COUNCILLOR NUMBERS MINISTER FOR LOCAL GOVERNMENT ........................................................................ 33

10.8 REPRESENTATION ON WILLOW COURT CONSERVATION SPECIAL COMMITTEE .......................................................................... 42

11. QUESTIONS WITH NOTICE ........................................................................... 45

12. QUESTIONS WITHOUT NOTICE ................................................................... 45

13. LEAVE OF ABSENCE ...................................................................................... 46

14. CLOSED COUNCIL MEETING ....................................................................... 46

15. CLOSE ................................................................................................................ 46


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COUNCIL MEETING

HELD AT THE COURTHOUSE, NEW NORFOLK

COMMENCING AT 6:30 PM

DECISIONS PRESENT: Mayor M Evans (Chairman),

Deputy Mayor Cr B K Lathey, Cr C Lester, Cr T Nicholson, Cr W Shoobridge, Cr J Graham, Cr J Bromfield, Cr D Bester

APOLOGIES: Cr S Shaw OFFICERS: General Manager, Mr Stephen Mackey

Accountant, Mr John Bradley Regional Development Officer, Ms Jess Dallas Planning Officer, Mr Martin McCance Youth Participation Officer, Mr Matthew Hill

1. CONFIRMATION OF MINUTES Decision: 156/12 Date: 16/8/12 Moved: Cr Shoobridge Seconded: Cr Lathey That the minutes of the Council Meeting and Closed Council Meeting held on 19 July 2012 as circulated be confirmed.

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey For • Cr Shoobridge For • Cr Bromfield For • Cr Nicholson • Cr Graham For • Cr Bester For

Cr Nicholson was not in attendance at the Council meeting of 19 July 2012


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2. BRIEFING TO COUNCIL Briefing to Council by Sarah Lockyer from Forestry Tasmania regarding the Adventure Hub. 3. QUESTION TIME Decision: 157/12 Date: 16/8/12 File: 201

Mr L Butterworth 1. Regulation 15 of the Local Government Act, provisions, all Council Meetings will be sanctioned by its Agenda being available to the Public. Thanks for its enactment.

2. Origin of Power, I have communicated to you 21st June 2012 (hand delivered), with follow up 2 reminder 30th July 2012 / 3rd August 2012, no response has been received to date, 16th August 2012.

Question, am I to receive a written reply / response, if so? When.

I did state, within my correspondence, if you nor your support team had the capacity to respond, please seek Local Government assistance through Minister Bryan Green? Have You!

3. Council Rates – Challenged in Court. The Law provides that Council/s are a Body Corporate (High Court ruled, Commissioner of Taxation (2009) HCA 23casedeclared).

The Courts will determine! Note; Question, could that be the same for my DV Council

Statement / Urgent Fact

Local Council’s are Not Lawful – Google’ are Council/s legal for the 12 facts Commonwealth of Australia Constitution ACT 1901, last Federal Court ruling, 9th January 2002 where the Hon Murray Gleeson ruled Local Government have no recognition in our C of A C Act 1901, therefore they are not lawful.

The Mayor advised that his communication has been forwarded to Councils Solicitor and once in receipt of his reply a response will then be forwarded.


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4. MAYOR’S COMMUNICATIONS • Attended the launch of Affordable Housing Development at Brighton

• Attended a meeting for Police regarding a review of performance for the Eastern District

• Along with 500+ boats attended a Super Trawler rally

• Attended a Derwent Valley Real Action Forward Thinking (RAFT) board of management meeting

• Attended a planning meeting

• Attended a Southern Tasmanian Council Authority (STCA) meeting of Regional Development Officers regarding Economic Development Plan

• Attended the Golden Years Annual General Meeting

• Attended a RV Friendly Towns meeting

• Attended the launch of Community Shed

• Onsite visit with Christine Coughanowr from Derwent Estuary regarding biodiversity offsets. Also spoke with Mr Morrow from Inland Fisheries regarding signage

• Attended a Planning workshop

• Attended a STCA Strategic Planning Meeting

• Met with the Police Minister to follow up on police numbers

• Attended Volunteer Recognition celebrations at Carinya Education Park

• Attended the opening of trout season

• Attended the Inter Club Angling Challenge which raised money for the Rose Ackerly fund

• Hydro Tasmania re interpretation around river

• Travelled to National Park and Maydena for a 7.30 Report item on the “Tiger Trail”

• Submitted Tidy Town Nominations

• Attended a meeting with the Anglers Club to discuss the Tiger Festival

• Attended the opening of the new X-Ray facility in New Norfolk

• Attended a Willow Court Conservation Special Committee meeting

• Attended a Road Safety Partnership meeting

• Attended a New Norfolk High School Anti Bullying Rally

• Met with Norske Skog at the Bushy Park Junior Angling Pond regarding the installation of rotundas

• Met with the Police regarding Policing numbers


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• Attended a Special Closed Council meeting

• Met with members of the Liberal Party at the Carinya Education Park

• Attended a Liberal Party Community Forum

• Attended a Parent Community Reference Group meeting at the New Norfolk High School

• Attended a STCA meeting 5. NOTIFICATION OF COUNCIL WORKSHOPS

Date Purpose of Workshop

5 July 2012 Discussions were held in regard to the holding of a meeting on the Expression of Interest process of the buildings around the oval. The meeting with the Minister for Police, X-Ray facility opening and Owners Representatives for Water and Sewerage and Councillors questions

6. DECLARATION OF PECUNIARY INTEREST Nil 7. COUNCIL ACTING AS A PLANNING AUTHORITY Nil 8. CONSIDERATION OF SUPPLEMENTARY ITEMS TO THE AGENDA Nil


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9. MOTIONS ON NOTICE 9.1 BURRA CHARTER The Burra charter defines the basic principles and procedures to be observed in the conservation of important places. These principles can be applied to a wide range of places such as a monument, a ruin, midden, archaeological site, ad district or region. The Derwent Valley is a diverse cultural and heritage region of European and indigenous occupation and adopting the charter will greatly assist legislators and administrators of environment planning and heritage laws. Decision Decision: 158/12 Date: 16/8/12 File: 197 Moved: Cr Nicholson Seconded: Cr Graham That Council consider adopting the Burra Charter to compliment the new Planning Scheme currently being drafted.

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey For • Cr Shoobridge For • Cr Bromfield For • Cr Nicholson For • Cr Graham For • Cr Bester For


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10. REPORTS OF OFFICERS 10.1 FINANCIAL REPORT

Report To: Council

Author: Accountant

Qualified Officer: Accountant

Introduction and Purpose The Financial Report for the month ended 31 July 2012 is attached separately. Strategic Plan F4 To improve community understanding of Council’s financial management and

finances. Discussion Council’s Summary of Operations is attached separately for consideration and details the operating results of Council for the 1 month period ended 31 July 2012. The Summary of Operations reflects all of Council’s activities as budgeted for in the 2012/2013 year. It therefore includes both recurrent income and expenditure, together with Council’s Capital Works and Plant Replacement Program. The statement compares our annual budget targets with our year-to-date actual performance. The expected year-to-date activity is 8.33% of total annual budget. As at 31 July 2012, Council’s overall net operating position is in line with budget expectations. Program variations in income received or expenditure incurred to date will arise due to factors such as seasonal timing and the programming of major works. Variations from budget in each of Council’s activities are monitored and where necessary, corrective action takes place to ensure that as far as possible, Council’s operations remain within overall budget parameters for the year.


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Additional information included in this and subsequent reports is as follows: • Summary of Cash Position for the year ended 30 June 2012.

This summary details Council's bank balance as at month's end for the financial year 2011/2012.

• Summary of Cash Position for the period ended 31 July 2012.

This summary details Council's cash position as at 31 July 2012. Details of Council's cash position as at 31 July 2011 is also included for comparison purposes.

• Comparison of Cash Positions for 2011/2012 and 2012/2013.

This summary details Council's cash position to the corresponding period of the previous year.

• Summary of Rates Collection for the period ended 31 July 2012.

This summary details Council's summary of rates collections for the period ended 31 July 2012. Details of Council's rates collections as at 31 July 2011 are also included for comparison purposes.

• Comparison of Rates Collections for 2011/2012 and 2012/2013.

This summary details Council's rates collections to the corresponding period of the previous year.

• Summary of Loan Borrowings for the period ended 31 July 2012.

This summary details Council's loan indebtedness as at 31 July 2012. Details of Council's loan indebtedness in comparison to rates revenue for the previous 12 years are also included for comparison purposes.

Consultations That Have Taken Place (a) The Community

Not Applicable (b) Experts

Not Applicable (c) Stakeholders

Not Applicable


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Proposed Community Consultation, Public Relations and Media Issues Not Applicable Budget/Financial Issues Not Applicable Policy Implications Not Applicable Decision Decision: 159/12 Date: 16/8/12 File: 737 Moved: Cr Shoobridge Seconded: Cr Lester That the Financial Report for the period 1 July 2012 to 31 July 2012 be noted and received.

CARRIED

Record of Voting


Derwent Valley Council Council Meeting Agenda

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10.2 PLANNING APPLICATIONS DEALT WITH BY DELEGATION

Report To: Council

Author: Planning Officer

Qualified Officer: Planning Officer

Introduction and Purpose Applications for planning approval are received and dealt with by the Planning Officer in accordance with Council’s delegation. The following report summarises the planning permits issued under delegation during the previous month. Strategic Plan IS2 To maintain high standards in the provision of all Council services in line

with community needs, Council’s policies and regulatory requirements. Discussion The following applications for planning approval have been determined under delegation by the Planning Officer during the previous month: LOCALITY DA PROPOSAL DECISION

38 Wyre Forest Road, Molesworth

71/2012 Shed Approved

44 Tanglewood Road, Molesworth

78/2012 Additions to dwelling Approved

270, 272, 274 Back River Road, New Norfolk

64/2012 Boundary Adjustment Approved

15 Cherilane Place, Magra 63/2012 Additions to dwelling Approved

609 Back River Road, Magra

79/2012 Shed Approved

106 Blair Street, New Norfolk

77/2012 4 x outbuildings Approved

72 Glen Dhu Road, Molesworth

84/2012 Single Dwelling, Auxiliary Dwelling & Shed

Approved


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LOCALITY DA PROPOSAL DECISION

25 Richardsons Road, Black Hills

76/2012 Additions to dwelling Approved

1 Hamilton Road, New Norfolk

85/2012 Mechanical Repair Garage

Refused

Bridge Street, New Norfolk

75/2012 Tree Removal Approved

4/9 Tank Street, New Norfolk


19 Sharland Avenue, New Norfolk


759 Glenora Road, Plenty 60/2012 Whiskey Distillery Approved

47 Lower Road, New Norfolk


195 Hydehurst Road, Lachlan

69/2012 Single Dwelling Approved

200 Daniels Road, Magra 82/2012 Boundary Adjustment Refused

343 Top Swamp Road, Lachlan

95/2012 Carport Approved

In addition, the following applications for planning approval were dealt with by Council at its last meeting. LOCALITY DA PROPOSAL DECISION

Nil

SUMMARY

Number of permits issued by delegation in July 17 Total number of permits issued in July 17

COMPARISON

Number of permits issued by delegation in previous month 13 Total number of permits issued in previous month 13

APPLICATIONS CURRENTLY WITH THE TRIBUNAL: Nil


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Not applicable

(b) Experts

Not applicable

(c) Stakeholders

Not applicable

Proposed Community Consultation, Public Relations and Media Issues Not applicable Budget/Financial Issues Not applicable Policy Implications Not applicable


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Decision Decision: 160/12 Date: 16/8/12 File: 0851 Moved: Cr Shoobridge Seconded: Cr Lathey That Council receives and notes the information on planning permits issued by delegation during the previous month.

CARRIED

Record of Voting



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10.3 SUPPORT FOR GONSKI REPORT FINDINGS

Report To: Council

Author: Regional Development Officer

Qualified Officer: Regional Development Officer

Introduction and Purpose This report seeks support from Council to write to all State and Federal Members for Lyons and relevant State and Federal Ministers and Shadow Ministers urging them to proactively support and implement the findings of the Gonski Report. Strategic Plan S1 To make our people feel worthwhile by building grater self-reliance

and self worth in our community IS3 To maintain community services Discussion The Gonski Report was commissioned in 2012 by the then Federal Minister for Education, The Hon Julia Gillard MP to look at school funding and develop a system that would promote excellent educational outcomes for Australian students. The Gonski committee was to develop a system that is fair, financially sustainable and transparent. In brief this came about as a result of concern over declining performance of Australian students in world terms and a recognition that funding is not only about the amount of money spent, but how that money is best used and who is best placed to know the needs of the local community. The panel considered the funding needs across all school types; government, independent and Catholic school systems. The panel made a number of observations during its deliberations and took over700 public submissions regarding school funding. In its executive summary Chair of the panel, David Gonski, notes the following:

• Current funding arrangements “are unnecessarily complex, lack coherence and transparency and involve a duplication of funding effort in some areas.”;

• There is a lack of coordination in funding, particularly in directing funding to students in need;


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• There is duplication and inefficiency in funding between Federal, State and Territory sources;

• Government funding based on the Average Government School Recurrent Costs model is outdated and does not relate to school outcomes;

• “Funding for school capital and infrastructure is uncoordinated and lacks planning.” ;

The panel found that a significant increase in funding was required, particularly in the Government school sector where the majority of disadvantages students are educated. “The panel recommends that all recurrent funding for schooling, whether it is provided by the Australian Government or state and territory governments, be based on a new schooling resource standard. The schooling resource standard would: • form the basis for general recurrent funding for all students in all schooling

sectors • consist of separate per student amounts for primary school students and

secondary school students • provide loadings for the additional costs of meeting certain educational needs.

These loadings would take into account socioeconomic background, disability, English language proficiency, the particular needs of Indigenous students, school size, and school location

• be based on actual resources used by schools already achieving high educational outcomes for their students over a sustained period of time

• recognise that schools with similar student populations require the same level of resources regardless of whether they are located in the government, Catholic or independent school sectors

• be periodically reviewed every four years so that it continues to reflect community aspirations and, in between reviews, be indexed using a simple measure that is based on the actual increase in costs in schools already achieving the relevant high educational outcomes over a sustained period of time.”

The report also called for a substantial increase in school funding, equivalent to $1500 per student in 2009 financial terms. The full Gonski Report can be found at: http://www.deewr.gov.au/Schooling/ReviewofFunding/Documents/Review-of-Funding-for-Schooling-Final-Report-Dec-2011.pdf School communities across Australia were initially buoyed by the findings of the Gonski Report, which reflect the feelings of many parents and teachers across the country. However, after a great deal of fan fair around the release of the Gonski Report, the Australian Government has done little to implement the report, leading to many school communities feeling further disenfranchised. As recently as the end of


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July the Australian Education Union through a coordinated campaign involving many groups, has been calling for a clear timeline of action on the Gonski Report recommendations. Parent groups have also become involved in this campaign, with the New Norfolk High School Parent Reference Group wiring to all relevant politicians calling for the Australian Government to commit to funding increases and reform in school funding models, along with legislation to enact the Gonski Report. Given that the Derwent Valley has below average school achievement rates and very low school retention rates, the implementation of the Gonski Report would be advantageous to school funding in the area. Consultations That Have Taken Place (a) The Community: New Norfolk High School Parent Reference Group

New Norfolk High School Principal

(b) Experts: Not applicable

(c) Stakeholders: New Norfolk High School Parent Reference Group Proposed Community Consultation, Public Relations and Media Issues Approving this recommendation would show Council’s support for the school system and parent bodies in the Derwent Valley and beyond. Budget/Financial Issues Not Applicable Policy Implications Not Applicable


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Decision Decision: 161/12 Date: 16/8/12 File: 715.11 Moved: Cr Graham Seconded: Cr Shoobridge That Council shows its support for the school communities in the municipality and more broadly, and agrees to write to State and Federal MPs for Lyons and relevant Ministers and Shadow Ministers requesting that they lobby implement the Gonski Report in full in a timely manner.

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey Against • Cr Shoobridge For • Cr Bromfield For • Cr Nicholson For • Cr Graham For • Cr Bester Against


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10.4 INFORMATION HANDOUT FOLDERS: DERWENT VALLEY COUNCIL

Report To: Council

Author: Planning Officer

Qualified Officer: Planning Officer

Introduction and Purpose In May 2012 a report was presented to Council discussing Australian Innovation Media (AIM) supplying Council, free of charge, information handout folders, which are used by various departments within Council. AIM is a specialist media company for Local Government. The folders are a convenient and professional way of providing the public with relevant development application forms and information brochures etc. At the May meeting, it was agreed that the Planning Officer be given permission to pursue the option of obtaining advertising folders that will minimise the cost of the folders to Council. The purpose of this report is to inform Councillors of further outcomes in relation to utilising the service offered by AIM to supply Council with information handout folders in the future. Public Notification Nil Discussion The AIM offer includes them undertaking to design (to Council standards), produce and deliver the information folders free of charge to Council. There is no limit indicated to the numbers DVC could receive from AIM, nor the duration of the free deal, however it is understood that AIM would supply the information folders free in perpetuity. To recoup their costs AIM advertise local businesses inside the information folders. Since last reporting to Council, a mock up design of a Derwent Valley Council folder has been produced. The Council logo and a series of photographs were sent to AIM, who then produced a very simple sample folder (copy attached). At the same time, AIM forwarded approximately 30 folders previously produced for other Councils to help in the inspiration for our final design. The design cannot be fine tuned until Council gives AIM formal confirmation of production of the folders, via an


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“Appointment Letter”. At that point, AIM will dedicate a graphic designer especially for the project and they will work with Council to achieve the desired outcome. AIM’s Director, James McFarlane, has indicated his preference to work personally on the Derwent Valley folders. If approval is granted, he will visit council and visit the local businesses in regards to advertising. As previously discussed at the May Council meeting, two types of folders are produced, which show very different layouts. One folder shows scenes from the Council area on all of its surfaces and includes a short section of text located on the inside of the rear cover providing the reader with a brief description of the area. The folder also includes an advertising overlay on the inside cover which promotes local businesses that have been contacted by AIM and who have decided to utilise the information folders as part of their advertising strategy. On the inside rear cover pull down flap (used to contain documents inside the folder) of the folder there includes a disclaimer regarding the advertising materials found in the folder. The folder also includes contact details, including the Council’s web address. As an alternative, there is an information folder that is a dedicated Planning and Development Information folder. In the folder supplied to DVC as an example, only the front and rear covers have any local scenes depicted on them. On the inside (of rear cover) the Development Application Process is laid out for people to see in a form of a flow chart. On the rear cover there is also an area of text which provides brief descriptions of how/what a person must do to lodge a development application (DA), and explanations of various other components of their DA process. Both folders contain a disclaimer regarding the advertising in the folder on the inside rear cover pull down flap and the Council’s contact details including web address. The remaining three (3) pages are used for advertising local businesses. There is no minimum order. Council are provided with as many folders as required for an initial period of two years. (approximately 200-400 folders to start with), then more when required. At no stage ever will any costs be incurred by Council. Should several re-stocks be required throughout the two year period, there is still no cost to Council (or any additional costs to advertisers). Generally the folders are updated every 2 years – again, at no cost to Council. The contracts with the advertisers run on a two year basis – so at the end of the two years AIM arrange any necessary design and content updates, then find out if the businesses wish to continue to advertise / replace those who don’t, then repeat the process for another two years. However should Council require a content change for a legitimate reason (such as the information on the folder becomes invalid due to policy changes, etc) then AIM will arrange to have more printed and the folders replaced at no cost. The general turnover time from ‘Appointment’ to ‘Delivery’ is 3 months. This allows the graphic designers time to create a folder design Council is happy with (Council must sign off on the final design before it goes to print, and this is generally what takes the most amount of time – delays in Council getting information to AIM), or


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reps to visit the local businesses in regards to advertising, and for AIM to complete the advertisers artwork and have it signed off on – The folders printed, then delivered. However sometimes the turnover time is much quicker. Consultations That Have Taken Place (a) The Community Nil (b) Experts Nil (c) Stakeholders Nil Proposed Community Consultation, Public Relations and Media Issues Nil Budget/Financial Issues If Council elects to utilise this service Council will benefit from not having to pay for the production of the handout folders while we utilise this free service. Policy Implications Nil


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Decision Decision: 162/12 Date: 16/8/12 File: 222 Moved: Cr Bester Seconded: Cr Lester That Council directs the Planning Officer to arrange for the design and delivery of both styles of information folders, one being used for development applications in the Environmental Services section and the second for general council use.

CARRIED

Record of Voting



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10.5 STAGE 5 GATEWAY ESTATE - STREET NAMES

Report To: Council

Author: Planner

Qualified Officer:

Introduction and Purpose Council is required to name new roads for easy reference in the future. This report provides information on a newly created street and recommends it be formally named. Strategic Plan Objective IS1 To maintain the standard of the municipality’s infrastructure assets. . Discussion Council previously approved a subdivision development for Gateway Estate that included the creation of a new street (see Figure 1 below). Development on Stage 5 of Gateway Estate is now complete and it is necessary for this new street to be named. The street requires a name in accordance with the Nomenclature Board requirements to allow street numbers to be allocated. Council’s standard practice is to generally name roads in new subdivisions from a list of preferred name forwarded to Council by the New Norfolk Historical Committee. Preferred names are listed by area and are generally based on the names of early settlers to the area. The New Norfolk Historical Society’s preferred road names for New Norfolk are: • Cullen Original owner of Peppermint Hill

• McCarthy Built first road in the Colony Hobart to New Norfolk • Teder Early business man • Grist Ticket of Leave man who made good, owning quite a deal of

Blair and George Street. Built No.46 Blair Street in the early 1830’s.


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• Collins Lt. Gov. Collins 1804 -1810 • RoadKnight Built “Woodbridge” early 1820’s.

• Bridger “Bush Inn” Licensed 29 Sept 1825 Ann Bridger Licensee

• Eardley Wilmot Gov. 1843-1846 Brought Hops from Maria Island to New

Norfolk.

• Schott W.E. Schott (Power Engineer of the Mental Hospital at New Norfolk) Appreciation of services rendered when New Norfolk introduced Hydro – Electricity in 1923.

• Cowburn Hoteliers. (Many decades)

• Knopwood State’s First Chaplain. First at New Norfolk too.

• Bush Earliest associations with the Bush INN

• Buddon A New Norfolk pioneer in the field of Wireless.

• Pidgeon A New Norfolk Councillor. Introduced tourist trade to

Esplanade.

The developer has provided a list of names that he would like Council to consider. • Raiph Street - Raiph being the builder developer of Gateway Estate.

• Kazan Street - Kazan is the capital city of Tatarstan which is the oldest city in Russia. (over a thousand years old)

• Tukay Street - Tukay Tatar, writer of Tatarstan.


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Figure 1. Stage 5 development – Gateway Estate, New Norfolk


Not Applicable

(b) Experts

New Norfolk Historical Society

(c) Stakeholders

Derwent Valley Council and Derwent Valley community members and visitors. Proposed Community Consultation, Public Relations and Media Issues Naming the unnamed road will allow easy identification of properties in the area and will improve service by Australia Post and the other service and emergency authorities. Notification of the proposed change will need to be given to residents, Australia Post and emergency services following approval by the Nomenclature Board.


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Budget/Financial Issues Adequate funds are available within the operating budget to meet the costs of the naming and sign posting of the street. Policy Implications Not Applicable Decision Decision: 163/12 Date: 16/8/12 File:939 Moved: Cr Bester Seconded: Cr Shoobridge 1. That the name “Craw Street” be referred to the Nomenclature Board for

approval in memory of the former councillors, business people and historians, the late John and Hilary Craw.

2. That the owner and service authorities be informed, that Council records be

amended and that a street name sign be erected following approval by the Nomenclature Board.

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey Against • Cr Shoobridge For • Cr Bromfield For • Cr Nicholson For • Cr Graham For • Cr Bester For


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10.6 NOMINATION OF MUNICIPAL EMERGENCY MANAGEMENT COORDINATOR AND DEPUTY MUNICIPAL EMERGENCY MANAGEMENT COORDINATOR

Report To: Council

Author: General Manager

Qualified Officer: General Manager

Introduction and Purpose With the retirement of Robert McCrossen from Council there is a need to nominate a Municipal Emergency Management Coordinator (Municipal Coordinator). Mr McCrossen was the appointed Municipal Coordinator with David Bradford as the Deputy Municipal Coordinator in January 2012. Strategic Plan En1 To manage, and, where required, protect the municipality’s natural

environment and resources. Discussion In accordance with the Emergency Management Act 2006, Council must nominate a Municipal Coordinator and Deputy Municipal Coordinator. For appointment by the Minister for Police and Emergency Management. Section 23. Municipal Emergency Management Coordinators and Deputies

(1) The Minister is to appoint a Municipal Emergency Management Coordinator and a Deputy Municipal Emergency Management Coordinator for each municipal area.

(2) The Minister is to appoint as Municipal Emergency Management Coordinator, or Deputy Municipal Emergency Management Coordinator, for a municipal area a person nominated by the council in that municipal area.

(3) Each Municipal Coordinator and Deputy Municipal Coordinator may hold that office in conjunction with any other appointment, position or office.

(4) Each Municipal Coordinator and Deputy Municipal Coordinator holds office for the period, and on the terms and conditions, specified in his or her instrument of appointment.


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The following is a position function for the Municipal Emergency Management Co-ordinator: Functions and powers of Municipal Coordinators

A Municipal Coordinator has the following functions in respect of the municipal area for which he or she is the Municipal Coordinator:

(a) to assist and advise the Municipal Chairperson and the relevant council on all matters with respect to emergency management in the municipal area or combined area;

(b) if the Regional Controller requires it, to assist and advise the Regional Controller on matters with respect to emergency management in the municipal area;

(c) prior to, during or subsequent to the occurrence of an emergency in the municipal area, to ensure that –

(i) the resources of the relevant council are coordinated and used as required in accordance with the Municipal Emergency Management Plan; and

(ii) his or her instructions and decisions and the instructions and decisions of the Municipal Committee, Municipal Chairperson and Regional Controller are transmitted to, and adequately carried out by, the bodies and other persons to whom they are directed or relate;

(d) to consider whether any powers or declarations under this Act need to be used or made for the purposes of emergency management in respect of an emergency in the municipal area and, if so, to advise the Regional Controller of that need;

(e) if the Municipal Coordinator considers that resources of another municipal area are necessary to make better provision for emergency management in the municipal area, to request those resources;

(f) to assist the Unit Managers of the municipal volunteer SES units with the supply and coordination of equipment and facilities provided by the council and the maintenance of such equipment and facilities;

(g) other functions in respect of emergency management imposed by the Regional Committee or the Regional Controller;

(h) other functions imposed by this or any other Act;

(i) prescribed functions.


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A Municipal Coordinator has the following powers:

(a) to utilise the resources of the municipal volunteer SES units in support of statutory services for emergency purposes within the municipal area;

(b) to advise the council and councillors in the municipal area in respect of the facilities required for effective operation of the municipal volunteer SES units;

(c) powers determined by the Regional Controller by notice provided to the Municipal Coordinator;

(d) prescribed powers;

(e) the power to do all other things necessary or convenient to perform his or her functions.

Role of the Deputy Municipal Coordinator:

The Deputy Municipal Coordinator for a municipal area may act in the office of Municipal Coordinator if –

(a) the Municipal Coordinator is absent from Tasmania or from duty as Municipal Coordinator; or

(b) the Municipal Coordinator is otherwise unable to perform the functions of the office of Municipal Emergency Management Coordinator; or

(c) the Municipal Coordinator has died, resigned or been removed from office and a new Municipal Coordinator has not been appointed.

(d) While the Deputy Municipal Coordinator is acting in the office of Municipal Emergency Management Coordinator, he or she is taken to be the Municipal Coordinator

Mr David Bradford, Council’s Environmental Health Officer (EHO) has expressed an interest in being appointed to the role of Municipal Coordinator. Since being appointed Deputy Municipal Coordinator, Mr Bradford has undertaken a number of emergency management training courses and has an understanding of emergency management procedures and of a council’s role and responsibilities in rebuilding communities following an emergency event. His appointment to this role is supported. Mr Craig Fuller, Council’s Maintenance Supervisor has expressed an interest in being appointed to the role of Deputy Municipal Coordinator. This appointment is supported and he will be given the opportunity to attend training courses in emergency management. These emergency management roles are in addition to the employee’s normal employment responsibilities and every effort will be made to support them in these statutory positions.


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Not applicable (b) Experts

Council’s corporate management team supports the nomination of these employees.

(c) Stakeholders

State Emergency Service and Minister for Police and Emergency Services. Proposed Community Consultation, Public Relations and Media Issues Nil Budget/Financial Issues This is the continuation of an existing responsibility and function of Council. Policy Implications The roles are statutory positions appointed under the Emergency Management Act 2006.


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Decision Decision: 164/12 Date: 16/08/12 File: 619 Moved: Cr Shoobridge Seconded: Cr Lester 1 That Council nominate Mr David Bradford as its Municipal Emergency

Management Coordinator (Municipal Coordinator) and Mr Craig Fuller as its Deputy Municipal Emergency Management Coordinator (Deputy Municipal Coordinator).

2 That the appointments be for a three (3) year period.

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey For • Cr Shoobridge For • Cr Bromfield For • Cr Nicholson For • Cr Graham Abstained • Cr Bester For


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10.7 REPORT REVIEW OF COUNCILLOR NUMBERS MINISTER FOR LOCAL GOVERNMENT

Report To: Council



Introduction and Purpose The purpose of this report is to table the Report on the review of Councillor Numbers by the Local Government Board for Councillors response to the findings and advise the Minister for Local Government. Strategic Plan IS2 To maintain high standards in the provision of all Council services in line

with community needs, Council’s policies and regulatory requirements.

IS5 To develop partnerships with relevant stakeholders on the development, management and maintenance of services in the municipality.

Ec3 To develop partnerships with State Government, industry and regional bodies to promote economic and employment development.

Discussion The Local Government Board has written to all Councils seeking feedback on the framework document which they will utilise to undertake a review of Councillor Numbers for Tasmania Councils. The letter states in part as follows: “As you know, the Local Government Board is currently conducting a Review of Councillor Numbers. As part of the review, the Board is developing a framework that takes a consistent approach statewide and can be applied in the future if the Local Government Board is tasked with reviewing the number of councillors in any municipal area. On that basis, the Board is circulating the framework to all Tasmanian Councils for information and welcomes any comment that your Council may wish to make in relation to any aspect of the framework. The framework document is attached to this letter.


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During April and early May, workshops will be conducted with each of the councils specifically included in the review to discuss the framework and what it means for their council. Although your council is not included in the review, if it wishes to make comment or to meet the Board this can be arranged. All comments on the proposed framework are required by Wednesday 9th May 2012” The Councils specifically included, are Break O’Day, Central Coast, Devonport City, Glamorgan-Spring Bay, Glenorchy City, Kingborough and Tasman. A copy of the Local Government Board Proposed Framework for the Assessment of Councillor Numbers is appended to this report. The above report was tabled for discussoion at the Council Meeting on the 19th April 2012 and the following letter was sent to the Local Government Board as Councils response to the discussion paper. Mr. Hadley Sides Chairperson Local Government Board G P O Box 123 HOBART TAS 7001 Dear Mr. Sides Local Government Board Proposed Framework for the Assessment of Councoillor Numbers I wish to thank you for the opportunity for council to consider the Boards Proposed Framework Paper for the Assessment of Councillor Numbers. In looking at the Local Government Board Proposed Framework for the Assessment of Councillor Numbers it is the view of the Derwent Valley Council that some of the criteria chosen, unless considered over a number of years, may be seen to be only reflective of the economic climate at a given time. It is also our view that the current process appears to have forgotten one important criteria and that is the residents and ratepayers in the Municipal Areas. The task of informing residents is passed on to the Local Government Board who will then once the assessment criteria is agreed will then conduct a review process under your procedures. It would appear that a more appropriate process would be that this review was conducted by the relevant Council on behalf of its residents and Ratepayers.


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With this said we would propose that New South Wales Local Government Act 1993 could be used as a model to undertake this task. This Act states as follows: Approval to reduce number of Councillors 224A Approval to reduce the number of councilors (1) A council may resolve to make application to the Minister to approve a

decrease in the number of councilors within the limits referred to in section 224 (1)

(2) The council must give not less than 42 days’ public notice of its proposed resolution.

(3) After passing the resolution, the council must forward to the Minister a copy of the resolution, a summary of any submissions received by it and its comments concerning those submissions.

(4) The Minister may approve the application without amendment or may decline to approve the application.

(5) If the Minister approves the application, the number of councilors of the council is reduced to the number specified in the application with effect on and from the day appointed for the next ordinary election of counclllors after the application is approved.

(6) Section 16 does not apply to a resolution of a council to make an application to the Minister under this section.

(7) An application may be made under this section after the commencement of the Local Government Amendment (Elections) Act 2011 but before the expiry of 5 months after that commencement.

(8) Nothing in this section prevents a council from making more than one application under this section or from taking action under section 224 to change the number of its councillors.

(9) A council for an area that is divided into wards may not make an application under this section for a decrease in the number of councilors that would result in the number of councilors for each ward being fewer than 3.

An alternative to this could be that which is used in South Australia and this is as follows: Division 2 Powers of Councils and representation reviews 12 – Composition and wards (1) A council, may by notice in the Gazette after complying with the requirements of

this section- (a) Alter the composition of the Council;


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(b) Divide, or re-divide, the area of the council into wards, alter the division of the area of the council into wards, or abolish the division of the area of a council into wards.

(2) A notice under this section may also-

(a) Change the council from a municipal council to a district council, or change the council from a district council to a municipal council;

(b) Alter the name of-

(i) The council;

(ii) The area of the council;

© give a name to, or alter the name of, a ward, ( without the need to comply with section 13)

(3) A council must, before it publishes a notice, conduct and complete a review under this section for the purpose of determining whether its community would benefit from an alteration to its composition or ward structure.

(4) A review may relate to a specific aspect of the composition of the council, or of the wards of the council, or may relate to those matters generally – but a council must ensure that all aspects of the composition of the council, and the issues of the division, or potential division, of the area of the council into wards, are comprehensively reviewed under this section at least once in each relevant period that is prescribed by the regulations.

(5) A council must, in order to commence a review, initiate the preparation of a paper (a representation options paper) by a person who, in the opinion of the council, is qualified to address the representation and governance issues that may arise with respect to the matters under review.

(6) The representation options paper must examine the advantages and disadvantages of the various options that are available to the council under section (1) (insofar as the various features of the composition and structure of the council are under review) and, in particular (to the extent that may be relevant)- (a) If the council is constituted of more than 12 members – examine the

question of whether the number of members should be reduced; and (b) If the area of the council is divided into wards – examine the question of

whether the division of the areas into wards should be abolished, (and may examine such other relevant issues as the council or the person preparing the paper thinks fit).

(7) The council must- (a) By public notice-

(i) Inform the public of the preparation of the representation options paper; and


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(ii) Invite interested persons to make written submissions to the council on the subject of the review within a period specified by the council (being a period of at least 6 weeks); and

(b) Publish a copy of the notice in a newspaper circulating within its area. (8) The council must ensure that copies of the representation options paper are

available for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council during the period that applies under subsection (7)(a)(ii).

(8a) The council must, at the conclusion of the public consultation undertaken under subsection (7)(a), prepare a report that- (a) Provides information on the public consultation and the council’s

response to the issues arising from the submissions made as part of that process; and

(b) Sets out- (i) Any proposal that the council considers should be carried into effect

under this section; and (ii) In respect of any such proposal- and analysis of how the proposal

relates to the principles under section 26(1)© and the matters referred to in section 33 (to the extent that may be relevant); and

© insofar as a decision of the council is not to adopt any change under consideration as part of the representations options paper or the public consultation process – sets out the reasons for the council’s decision.

(9) The council must- (a) Make copies of its report available for public inspection at the principal

office of the council; and (b) By public notice-

(i) inform the public of the preparation of the report and its availability; and

(ii) invite interested persons to make written submissions to the council; on the report within a period specified by the council (being a period of at least 3 weeks; and

© publish a copy of the notice in a newspaper circulating within the area. (10) The council must give any person who makes written submissions in response to

an invitation under section (9) an opportunity to appear personally or by representative before the council or a council committee and to be heard on those submissions.

(11) The council must then finalise its report (including in its report recommendations with respect to such related or ancillary matters as it thinks fit).

(11a) if the report proposes that the composition of the council be altered so that –

(a) The council will have a chairperson rather than a mayor; or

(b) The council will have a mayor rather than a chairperson,

Then the proposal cannot proceed unless or until a poll has been conducted on the matter and the requirements of subsection (11c) have been satisfied.


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(11b) The council may, with respect to a proposal within the ambit of subsection (11a) – (a) Insofar as may be relevant in the particular circumstances, separate the

proposal (and any related proposal) will then, if approved at the poll, take effect from polling day for the following general election; or

(b) Determine to conduct the re relevant poll-

(i) In conjunction with the next general election for the council (so that the proposal (and any related proposal) will then, if approved at the poll, take effect from [polling day for the following general election); or

(ii) At some other time (so that the proposal(and any related proposal) will then, if approved at the poll, take effect in the manner contemplated by subsection (18)).

(11c) the following provisions apply to a poll required under subsection (11a): (a) The Local Government (Elections) Act 1999 will apply to the poll subject

to modifications, exclusions or additions prescribed by regulation; (b) The council must-

(i) Prepare a summary of the issues surrounding the proposal to assist persons who may vote at the poll; and

(ii) Obtain a certificate from the Electoral Commission that he or she is satisfied that the council has taken reasonable steps to ensure that the summary presents the arguments for and against the proposal in a fair and comprehensive manner; and

(iii) After obtaining the certificate of the Electoral Commission, ensure that copies of the summary are made available for public inspection at the principal office of the council, are available for inspection on the Internet, and are published or distributed in any other way that the Electoral Commission may direct;

© the proposal cannot proceed unless- (i) The number of persons who return ballot papers at the poll is at

least equal to the prescribed level of voter participation; and (ii) The majority of those who validly cast a vote at the poll vote in

favour of the proposal. (11d) for the purposes of subsection (11c)©, the prescribed level of voter

participation is a number represented by multiplying the total number of persons entitled to cast a vote at the poll by half of the number of the turnout percentage for the council, where the turnout percentage is- (a) The number of persons who returned ballot papers in the contested

elections for the council held at the last periodic elections, expressed as a percentage of the total number of persons entitled to vote at those elections (viewing all elections for the council as being the one election for the purposes of this provision), as determined by the Electoral Commission and published in such manner as the Electoral Commissioner and published in such manner as the Electoral Commissioner thinks fit; or


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(b) If no contested elections for the council were held at the last periodic elections, a percentage determined by the Electoral Commissioner for the purposes of the application of this section to the relevant council, after taking into account the turnout percentage of other councils of a similar size and type, as published in such manner as the Electoral Commissioner think fit.

(12) The council must then, taking into account the operation of the preceding subsection, refer the report to the Electoral Commissioner.

(12a) the report must be accompanied by copies of any written submissions received

under subsection (9) that relates to the subject-matter of the proposal. (13) On receipt of a report, the Electoral Commissioner must determine whether the

requirements of this section have been satisfied and then- (a) If of the opinion that the requirements have been satisfied-give an

appropriate certificate; or (b) If of the opinion that the requirements have not been satisfied- refer the

matter back to the council together with a written explanation of the reasons for not giving a certificate under this section.

(14) The validity of a determination of the Electoral Commissioner under subsection (13) cannot be called into question.

(15) If a certificate is given by the Electoral Commissioner under subsection (13)(a)- (a) The Electoral Commissioner must specify in the certificate a day by which

an appropriate notice (or notices) for the purposes of this section must be published by the council in the Gazette; and

(b) The council may then, by notice (or notices) in the Gazette, provide for the operation of any proposal under this section that it has recommended in its report.

A further alternative suggestion which requires little or no involvement or review by the Local Government Board would be to legislate to reduce the number of councillors in all Municipal areas and Cities by 2. This alternative will require changes to legislation because there is a half spill of councilors every two years. Hoping these comments are of some assistance to the Board. Yours sincerely Stephen Mackey GENERAL MANAGER On the 17th July 2012 the Minister for Local Government wrote advising as follows: “As you are aware, I asked the Local Government Board in September 2011 to conduct a review of councilor numbers. Seven councils requested to be included in the review. The Board has now provided me with its report and recommendations and, as


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40

required by section 214D(4) of the Local Government Act 1993, I have attached a copy for your Council’s consideration. The Board has recommended a reduction in the number of councilors elected to the Central Coast, Devonport City, Glamorgan-Spring Bay, Glenorchy City, Kingborough and Tasman Councils, and no change to the number of councilors elected to the Break O’Day Council. The Board has also developed a Framework for the Assessment of Councillor Numbers and recommended to me that the Framework be used in any future review of councilor numbers. I invite your Council to make a submission to me on any of the matters covered by the report. I would be grateful if you could provide me with any such submission your Council wishes to make by 31st August 2012, in order to enable me to make a decision on the Board’s recommendations as soon as practicable. I have arranged for a copy of this letter to be forwarded to the General Manager of the Council. For your information, I have also released this report to the public at the same time. The report is available on the website of the Division of Local Government, Security and Emergency Management www.dpac.tas.gov.au/divisions/lgd government board. I look forward to receiving your Council’s feedback.” Consultations That Have Taken Place (a) The Community

Not Applicable (b) Experts

The Local Government Board

(c) Stakeholders

Local Government and the Local Government Board

Proposed Community Consultation, Public Relations and Media Issues As stated in the Ministers Letter he has also released this report to the public at the same time as he has written to all Councils. Budget/Financial Issues There will be no changes required to the Budget set for 2012/13


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Policy Implications Not Applicable Decision Decision: 165/12 Date: 16/8/12 File: 397 Moved: Cr Graham Seconded: Cr Shoobridge 1. That a working group made up of the Mayor Evans, Cr Lathey, Cr Graham,

Cr Shoobridge, Cr Nicholson and Cr Lester be set up to review the Report by the Local Government Board on the review of councillor numbers.

2. That the working group is to provide a copy of their comments on the Report by

the Local Government Board review of councillor numbers to all councillors prior to it being forwarded to the Minister for Local Government.

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey For • Cr Shoobridge For • Cr Bromfield Against • Cr Nicholson For • Cr Graham For • Cr Bester For


16 August 2012

42

10.8 REPRESENTATION ON WILLOW COURT CONSERVATION

SPECIAL COMMITTEE

Report To: Council



Introduction and Purpose The purpose of this report is for Council to ratify the final membership of the Willow Court Conservation Special Committee. Strategic Plan En1 To manage and, where required, protect the municipality’s natural

environment and resources. Discussion As council is aware the Malcolm MacDonald Report suggested setting up a new committee which would oversee the Business and Development Plan. This new entity would have experts in the following fields, ie. Engineering Heritage and Grant writing and would be chaired by an independent person. Some members were in place early, these being the independent chairperson the Hon David Llewellyn who brought on board Mr. Paul Lan an Architect and Mrs Michele Moseley Deputy Secretary Department of Primary Industries, Parks and Environment and Dr. Dianne Snowden as a proxy and Council appointed the Mayor Martyn Evans with the Deputy Mayor Barry Lathey as proxy. The Chairperson has been continuing to recruit expert committee members to the committee and consulted with the CEO of the Port Arthur Authority in an attempt to gain his support for a member of the Authority to join the Committee. They have now allowed Dr Jane Harrington and she has agreed to be a member. The Chairperson also pursed several persons with financial and entrepreneurial skills and has been successful in convincing the Deputy Director of Inland Fisheries Mr. Tony Wright to become a member. The committee had previously agreed to appoint one person from either the Friends of Frescati or Friends of Willow Court to be the community representative and at the committee meeting on the 9h August 2012 a nomination from the Friends of Willow Court Ms. Anne McKinstray was appointed with the nomination from the Friends of Frescati Mr. Richard Onn being appointed proxy.


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Not applicable

(b) Experts

Not applicable

(c) Stakeholders

Friends of Frescati Special Committee and the Friends of Willow Court Special Committee.

Proposed Community Consultation, Public Relations and Media Issues Once the membership of the committee is finalised a joint press release be placed in the Gazette. Budget/Financial Issues No changes will need to be made to the 2012/13 budget. Policy Implications The new committee will need to be included in council’s policy manual under Special Committees.


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Decision Decision: 166/12 Date: 16/8/12 File: 332 Moved: Cr Shoobridge Seconded: Cr Lester That Council ratify the following as members on the Willow Court Conservation Special Committee: 1. The Hon. David Llewellyn AM (Chairperson)

2. Mr. Martyn Evans (Mayor Derwent Valley Council)

3. Mr. Barry Lathey (Deputy Mayor Derwent Valley Council ) Proxy

4. Dr. Dianne Snowden ex officio

5. Mrs. Michele Moseley (Deputy Secretary Department Primary Industries, Parks and Environment).

6. Mr. Paul Lan Architect

7. Mr. Tony Wright (Deputy Director Inland Fisheries)

8. Dr. Jane Harrington (Port Arthur Authority)

9. Ms. Anne McKinstray Friends of Willow Court Special Committee (Community Representative)

10. Mr. Richard Onn Friends of Frescati Special Committee (Community Representative Proxy)

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey For • Cr Shoobridge For • Cr Bromfield Against • Cr Nicholson For • Cr Graham For • Cr Bester For


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45

11. QUESTIONS WITH NOTICE Date: 16/8/12 File: 199 Nil 12. QUESTIONS WITHOUT NOTICE Date: 16/8/12 File: 200

NAME SUBJECT OF QUESTION

Cr Shoobridge

Can Council appoint its contact for Australia Day as a matter of urgency?

The Mayor advised that he would talk to the General Manager.

Can a meeting of that committee be convened as a matter of urgency?

The Mayor advised that this would be arranged

Cr Graham Mr Mayor have your forwarded or followed up on the letter re Australia Day 25 June 2012 about the award nominations?

The Mayor advised that this would be taken to the next Australia Day meeting.

Cr Bester Will Council be holding a function on the return of our Olympians?

The Mayor advised that Council will consider this matter.

Cr Lester Could the Mayor advise if he has heard the rumour that Zap Fitness will be commencing business in New Norfolk?

The Mayor advised that he had heard the rumour.


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13. LEAVE OF ABSENCE Date: 16/8/12 File: 196 Nil 14. CLOSED COUNCIL MEETING Decision: 167/12 Date: 16/8/12 File: 194 Moved: Cr Shoobridge Seconded: Cr Lester That pursuant to the Local Government (Meeting Procedures) Regulations 2005, the meeting be closed to the public in order to discuss the following: 1.1 DONATION TO MEMBERS OF THE SOUTHERN TASMANIA

BASKETBALL LEAGUE 1.2 REVIEW OF FUEL PRICING AND PURCHASING

CARRIED

Record of Voting

• Cr Evans For • Cr Lester For • Cr Lathey For • Cr Shoobridge For • Cr Bromfield For • Cr Nicholson For • Cr Graham For • Cr Bester Against

15. CLOSE There being no further business the meeting was declared closed at 8.32pm.