COUNCIL AGENDA

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					COUNCIL
AGENDA
ST HELENS COUNCIL CHAMBERS

      8 OCTOBER, 2007
           NOTICE OF MEETING
Notice is hereby given that the next meeting of the Break O’Day Council will be held at the
St Helens Council Chambers on Monday 8 October, 2007 commencing at 10.00am.




CERTIFICATION

Pursuant to the provisions of Section 65 of the Local Government Act 1993 I hereby certify
that the advice, information and recommendations contained within this Agenda have been
given by a person who has the qualifications or experience necessary to give such advice,
information and recommendation or such advice was obtained and taken into account in
providing the general advice contained within the Agenda.




BRIAN INCHES
GENERAL MANAGER
Date: 03 October, 2007
AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

                         TABLE OF CONTENTS
                                                                  PAGE NO
1.0    ATTENDANCE                                                                1

2.0    PUBLIC QUESTION TIME                                                      1

3.0    CONFIRMATION OF MINUTES                                                   1
3.1     Confirmation of Minutes – Council Meeting 10 September, 2007             1
3.2     Receipt of Minutes – St Helens History and Visitor Information Centre
        Wednesday 29 August 2007                                                 1
3.3     Receipt of Minutes – St Helens History and Visitor Information Centre
        Wednesday 19 September 2007                                              1
4.0    COUNCIL WORKSHOPS HELD SINCE LAST COUNCIL MEETING 1

5.0    DECLARATION OF PECUNIARY INTEREST OF A COUNCILLOR
       OR CLOSE ASSOCIATE                                2

6.0    PETITION                                                                  2

7.0    STATE ISSUES                                                              2

8.0    NOTICES OF MOTION                                                         3
8.1     MOTION – CLR J MCGIVERON – PROPOSED UPGRADE TO BURNS
        BAY BOAT RAMP                                         3
8.2     MOTION – CLR J MCGIVERON – ST HELENS BARWAY          25
8.3     MOTION – CLR M OSBORNE – REMOVAL OF WILLOWS AND
        STUMPS IN LOWER GEORGES RIVER                        26
8.4     MOTION – MAYOR R LEGGE – LAUNCESTON GENERAL
        HOSPITAL FUNDING                                     28
8.5     MOTION – CLR M OSBORNE – NEW FACILITIES WHICH REQUIRE
        BUDGET CONSIDERATION                                 33
9.0    COUNCILLORS QUESTIONS ON NOTICE                                          35

10.0   COUNCILLORS QUESTIONS WITHOUT NOTICE                                     35

11.0   MAYOR’S COMMUNICATIONS                                                   35

12.0   CORPORATE SERVICES                                                       36
12.1    FINANCIAL REPORTS                                                       36
12.2    LOAN FOR ST MARYS SPORTS CENTRE INC.                                    54
12.3    SEWERAGE RATE REMISSION – BARRY STEWART                                 58
12.4    BUILDING AND PLANNING FEES – 32 RIVERVIEW ROAD,
        SCAMANDER                                                               64
13.0   WORKS & INFRASTRUCTURE                                                   66
13.1    WORKS REPORT – 01.10.2007                                               66
14.0   COMMUNITY/ECONOMIC DEVELOPMENT                                           69
14.1    SPONSORSHIP – MAYPOLE DAY EVENT – ST MARYS                              69
14.2    WAIVER OF FEES – PORTLAND HALL                                          72

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14.3     WAIVER OF HALL HIRE FEES – ST HELENS & DISTRICTS
         CHAMBER OF COMMERCE INC                              74
14.4     WAIVER OF HIRE FEES – LIONS CLUB OF ST MARYS         76
14.5     SPONSORSHIP – STATE GKR KARATE REPRESENTATIVES       78
14.6     SMALL GRANTS – ROUND 1 - 2007/2008                   80
14.7     TOWNSHIP SIGNAGE - MATHINNA                          83
14.8     MURUAL – TOILET BLOCK, SCAMANDER                     84
14.9     WAIVER OF TIP FEE – ANGLICAN PARISH OF ST HELENS     87
14.10    WAIVER OF TIP FEE – ST HELENS NEIGHBOURHOOD HOUSE OP
         SHOP                                                 89
14.11    ST HELENS TOURISM PRECINCT DEVELOPMENT PLAN          91
15.0    DEVELOPMENT SERVICES                                  93
15.1     PLANNING APPROVALS ISSUED UNDER DELEGATION           93
15.2     REQUEST TO REMIT CAR PARKING CASH CONTRIBUTION-
         CAROL & NEVILLE SHEPPERD – RETAIL DEVELOPMENT 22-24
         QUAIL STREET ST HELENS                               95
15.3     ALLOCATION OF STREET NUMBERS – FALMOUTH             103
15.4     ST MARYS SCHOOL FARM – REQUEST FOR IN-KIND
         CONTRIBUTION                                        117
15.5     APPLICATION FOR ADHESION ORDER – DOUGLAS GRAEME
         PREECE & ANNE MAREE PREECE - NEWMANS ROAD, ST MARYS
                                                             119
16.0    GENERAL MANAGER’S REPORT                             127
16.1     WATER AND SEWERAGE PROPOSAL                         127
17.0    CLOSED COUNCIL                                       152
17.1     SEWAGE CONTAMINATION RISK ASSESSMENT                152
17.2     WORKS WITHOUT A PERMIT                              152




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1.0    ATTENDANCE
       Mayor Robert Legge
       Deputy Mayor Margaret Osborne OAM
       Councillor V Cato
       Councillor R Harper
       Councillor H Holder
       Councillor J Lefevre
       Councillor J McGiveron
       Councillor J Warren


       APOLOGIES


       LEAVE OF ABSENCE

       Councillor D Clement


2.0     PUBLIC QUESTION TIME


3.0     CONFIRMATION OF MINUTES
3.1     Confirmation of Minutes – Council Meeting 10 September, 2007
        That the Minutes of the Council Meeting held on the 10 September, 2007
        be confirmed.

3.2     Receipt of Minutes – St Helens History and Visitor Information
        Centre Wednesday 29 August 2007
        That the Minutes of the Board Meeting of the St Helens History and
        Visitor Information Centre held on Wednesday 29 August 2007 be
        received.

3.3     Receipt of Minutes – St Helens History and Visitor Information
        Centre Wednesday 19 September 2007
        That the Minutes of the Board Meeting of the St Helens History and
        Visitor Information Centre held on Wednesday 19 September 2007 be
        received.


4.0    COUNCIL WORKSHOPS HELD SINCE LAST COUNCIL
       MEETING
        Wednesday 5th September, 2007 - Community Committee Workshop
        Wednesday 5th September, 2007 - Sport & Recreation Committee Workshop
        Monday 10th September, 2007 – Partnership Agreement Workshop
        Wednesday 26th September, 2007 - Community Committee Workshop
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        Wednesday 26th September, 2007 – Sport & Recreation Committee Workshop
        Wednesday 26th September, 2007 - Small Grants Committee Workshop


5.0      DECLARATION OF PECUNIARY INTEREST OF A
         COUNCILLOR OR CLOSE ASSOCIATE


6.0      PETITION


7.0      STATE ISSUES




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

8.0     NOTICES OF MOTION
8.1     MOTION – CLR J MCGIVERON – PROPOSED UPGRADE TO
        BURNS BAY BOAT RAMP

        MOTION

        That Council accept the report and plans to upgrade Burns Bay Boat
        Ramp and agree to take over ownership of the ramp once MAST brings
        it in line with the Australian Standards and sound engineering principles.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        Councillors will be aware that the boat ramp at Burns Bay, St Helens was
        damaged approximately two (2) months ago during heavy north easterly
        swells.

        MAST has indicated that it will commit funds to repair the boat ramp in
        line with the Australian Standards of sound engineering principles
        however as there is no identified owner of the structure. MAST will not
        proceed with the repair of the boat ramp until such time as the ownership
        issue has been resolved.

        Strategic Plan

        No specific reference.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        No implications at this stage.

        Liability Assessment

        Low.

        Report

        The Burns Bay Boat Ramp is one of the most significant and important
        launching facilities in the Break O’Day Region and its importance as a
        safe haven during north easterly and easterly weather is critical for small
        to medium vessels. It also avoids the sometimes dangerous St Helens
        Barway.

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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

        Since the launching facility has been damaged MAST has offered to bring
        the structure in line with Australian Standards and sound engineering
        principles provided that the issue of ownership can be resolved. The
        ramp was “constructed” by members of the St Helens Game Fishing Club
        and others however the structure was not “owned” by any particular
        group or organisation.

        In recent months the St Helens Barway has presented problems
        particularly with shallow draft at some tides creating a difficulty for
        medium to large vessels.

        It is therefore recommended that Council agree to take over ownership of
        the ramp once MAST brings it inline with the relevant standards
        identified in the motion.

        In the event that Council accepts ownership of the ramp there remains a
        possibility that heavy seas could once more inflict damage on the ramp.

        Should this occur Council would necessarily be involved with repairs
        however it may request financial support through MAST given the
        significance of the Burns Bay facility not only to residents and fisherman
        associated with Georges Bay but the broader East Coast Region.

        To assist MAST with securing funding for the repairs of the existing boat
        ramp at Burns Bay it has prepared a funding application under the
        “Product and Experience Development Fund 2007” and the funding
        arrangements are as follows:

         Grant Request (excluding of GST)                                $100,000
         Matching cash                                                   $130,000
         Other cash contributions                                          $8,000
         In Kind Contributions                                            $20,000
         TOTAL                                                           $258,000

        A copy of the funding application is attached.

        In addition to the funding application is a document prepared by MM
        Starrs Pty Ltd dated 23 August, 2007 which provides a synopsis of the
        number of users and the number of statistics relevant to the Barway and
        Burns Bay Boat Ramp.

        Further information is contained within tables 1 to 3 in the attachment.

        As indicated the Burns Bay Boat Ramp is a significant asset for Break
        O’Day and its community and its significance in relation to the attraction
        to the boating fraternity are immeasurable.

        For this reason it is recommended that Council agrees to the motion.

        Brian Inches
        General Manager

        Attachments:     20


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8.2     MOTION – CLR J MCGIVERON – ST HELENS BARWAY

        MOTION

        That Council accept the report and its recommendations prepared by Mr Peter
        Riedel from Coastal Engineering Solutions as the recommended solution for
        maintaining a safe and reliable access into Georges Bay.

        MOVED                                  SECONDED
        FOR
        AGAINST

        Introduction

        The above motion is in accordance with the provisions of the Local
        Government (Meeting Procedures) Regulation 2005 and includes a report
        explaining the motion provided by the Councillor.

        Strategic Plan

        No specific reference.

        Statutory Requirements/Government Department

        This asset is owned by the State Government and the engineering
        recommendations have been developed by MAST.

        Community Consultation

        Not applicable.

        Annual Plan

        Council has agreed to contribute an amount of $10,666.66 towards the cost of
        the Coastal Engineering Solutions report in accordance with an agreement
        originating from the November 2006 Barway Forum.

        Liability Assessment

        Low.

        Report

        The report by Mr Peter Riedel from Coastal Engineering Solutions was
        received by Council at a recent Barway Committee Meeting on Thursday 6th
        September, 2007.

        The Committee agreed that the recommendation was acceptable and resolved
        that the solution by Mr Riedel should be supported and presented to Council.


        Brian Inches
        General Manager

        Attachments:      NIL


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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007


8.3     MOTION – CLR M OSBORNE – REMOVAL OF WILLOWS AND
        STUMPS IN LOWER GEORGES RIVER

        MOTION

        1. That Council agree to request Van Ek Contracting to assist in removing
           a number of willows and stumps upstream of the Binalong Bay Bridge
           given that they currently have access to heavy equipment on site. and

        2. That Council note that the works are to be performed at no cost.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        An opportunity exists due to the current construction of the new bridge to
        Binalong Bay for the machinery currently on site to remove a number of
        willows and pylons upstream from the bridge works thus improving the
        flow of the Georges River.

        Strategic Plan

        Consistent with strategy 1A Core Functions – Sustainable Development.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        The Contractor has offered to carry out the work at no cost.

        Liability Assessment

        Low.

        Report

        Council will be aware that the new bridge to Binalong Bay is progressing
        with a significant amount of heavy equipment involved with the
        construction.

        The Deputy Mayor has suggested that there is an opportunity for some
        additional works to be carried out which would improve the river flow


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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

        and also remove a number of dangerous stumps left over from previous
        bridge construction materials..

        The current contractors Van Ek have offered to assist with the proposed
        works and have offered to carry out the work at minimal cost given that
        heavy machinery is at hand.

        It is therefore suggested that Council support the proposal on the basis
        that the works is largely maintenance and that there are no implications
        in terms of the Break O’Day Planning Scheme.


        Brian Inches
        General Manager

        Attachments:    NIL




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8.4        MOTION – MAYOR R LEGGE – LAUNCESTON GENERAL
           HOSPITAL FUNDING

           MOTION

           That Council consider the four (4) motions put up by Launceston City
           Council regarding the Launceston General Hospital with the
           recommendation that Break O’Day Council follow suit.

           “That Council writes to the State Minister for Health, the Hon Lara
           Giddings MHA, advising that it supports the thrust of the following four
           motions passed at the public rally in support of the Launceston General
           Hospital, held on Saturday 1st September, 2007 in Civic Square,
           Launceston:

Mover            Seconder         Motion
Dr A MacDonald   Dr C Middleton   The people of Northern Tasmania             CARRIED
                                  demand adequate funding of the
                                  Launceston General Hospital to provide
                                  for the current and predicted future
                                  clinical services provided at the LGH
                                  for patients in the North of the State.
Dr A MacDonald   Dr C Middleton   That clinical decision making and           CARRIED
                                  planning be returned to the clinicians in
                                  Hospitals rather than the faceless
                                  bureaucrats in Hobart.
Dr A MacDonald   Dr C Middleton   That the LGH be permitted and               CARRIED
                                  encouraged to be innovative in clinical
                                  practice and teaching in all disciplines
                                  to keep up with world’s best practice.
Dr A MacDonald   Dr C Middleton   That the LGH be appropriately funded        CARRIED
                                  to provide clinical teaching for under
                                  and post graduate students to ensure an
                                  adequate supply of well trained
                                  clinicians for the future.

           MOVED                                 SECONDED
           FOR
           AGAINST

           Introduction

           The above motion is in accordance with the provisions of the Local
           Government (Meeting Procedures) Regulation 2005 and includes a report
           explaining the motion provided by the Councillor.

           Strategic Plan

           Consistent with strategy 1F – Irregulatory to protect and improve the
           Standard of Public Health in the Community through the promotion of
           sound health principles and ensuring compliance with relevant legislation.


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        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        No implications.

        Liability Assessment

        Low.

        Report

        This issue was bought to attention through a meeting of all Northern
        Mayors who had expressed concerns at the current plight of the
        Launceston General Hospital.

        As a result the Launceston City Council passed a motion at its meeting
        held on Monday 10th September, 2007 following a public rally in support
        of the LGH.

        Subsequently to that the Council also resolved that the Mayor would
        invite the other Mayors of the Councils in the North and North West of
        the state advising them of Launceston City Councils decision and
        requesting that they also adopt the motions passed at that rally.

        The motion incorporates those motions and it is recommended that
        Council endorse Launceston City Councils request and also support the
        four (4) motions.


        Brian Inches
        General Manager

        Attachments:       3




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8.5     MOTION – CLR M OSBORNE – NEW FACILITIES WHICH
        REQUIRE BUDGET CONSIDERATION
        MOTION

        That all new facilities such as toilets, buildings and building renovations
        that are put forward for budget consideration, have quotes if being done
        by outside contractors, and a written estimate if being done in house, the
        paperwork being kept to enable extra funding to be applied for.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        The above motion is in accordance with the provisions of the Local
        Government (Meeting Procedures) Regulation 2005 and includes a report
        explaining the motion provided by the Councillor.

        Strategic Plan

        No specific reference.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        In most cases there would be only minimal impact should the motion be
        accepted.

        Liability Assessment

        Low.

        Report

        Although there would be some implications if all projects were subject to
        specific quotes it could be argued that this process should be adopted in
        any event. On this basis the minimal increase in costing would be worth
        while.

        Brian Inches
        General Manager

        Attachments:      1

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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007




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9.0        COUNCILLORS QUESTIONS ON NOTICE


10.0       COUNCILLORS QUESTIONS WITHOUT NOTICE


11.0       MAYOR’S COMMUNICATIONS

12.09.07   Binalong Bay – Settlement Strategy Town Meeting
13.09.07   St Helens – St Helens Precinct Report Committee Meeting

14.09.07   Launceston – “Delivering Urban Water & Sewerage Services”
16.09.07   Binalong Bay – Binalong Bay Rate Payers meeting
17.09.07   St Helens – Tourism Meeting
18.09.07   Launceston – Launceston City Council Meeting on Matters of Regional
                           Significance
                       - Trail of Tin Dragon
19.09.07   St Helens – Presentation on Pulp Mill & Future Freight – Minister Cox
                     - St Helens History & Visitor Information Centre Board Meeting
24.09.07   St Helens – Office
           Fingal - Henry Holders Farewell
25.09.07   St Helens – Affected Area Recovery Committee Meeting
26.09.07   St Helens – Office
                      - BEC Annual General Meeting
27.09.07   St Helens - Office
01.10.07   St Helens – St Helens Croquet Club – Friendship Day
03.10.07   St Helens – Seniors Day Lunch
                     - Australian Institute of Environmental Health Branch Conference -
                       Welcome
                     - Meeting Christine McKeen
                     - Meeting Garry Pannan
05.10.07   St Helens – Meeting with John Hortle, Proposed Georges Bay Foreshore
                       Development
                     - Meeting Gail Paulsen
08.10.07   St Helens – Council Meeting




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

12.0     CORPORATE SERVICES
12.1    FINANCIAL REPORTS
       (File No: 018\018\001\)

       RECOMMENDATION

       That the financial reports for the period ending 30th September, 2007 be
       received and noted.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

       Presented to Council are the financial reports for the period ending 30th
       September 2007.

        Strategic Plan

        4B – Financial Management.

        Statutory Requirements/Government Department

        Local Government Act 1993.

        Community Consultation

        Not applicable.

        Annual Plan

        Annual Plan – all areas.

        Liability Assessment

       No unforeseen risks or legal obligations identified as a result of these
       financial reports.

        Report

       Cash at Bank and Reserves
       The Cash at Bank and Reserves report shows the cash at bank and
       investments balance for the period to date and the reserve accounts. This
       report highlights that the reserve accounts are cash funded. The difference
       between the Cash at Bank and the Reserves total is the amount of funds
       that are currently available for operating and other activities.




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

       Operating Statement
       The Operating Statement provides a summary of the income and
       expenditure for the month and also year to date compared to the annual
       budget.

       To date 25% of the year has passed and 73% of budgeted revenue has
       been raised and 24% of expenditure has been incurred. This is in line with
       budget expectations.

       Departmental Budget Summary
       The Departmental Operating Statement identifies the expenditure incurred
       for each department for the month and also year to date compared to the
       annual budget.

       Capital Works
       The Capital Works report highlights each capital works project and the
       expenditure incurred on each for the year to date. To date 28% of the
       Capital Works Program is complete.

       Please note that the 2006/07 budget transfer allocations for
       incomplete Capital Works projects have not been included. These
       budget amounts will be confirmed when the Financial Statements are
       completed and will be included in the Capital Works program in the
       September budget review.

       Rates Comparison
       The Rates Comparison report compares all financial elements of rates for
       the month of September compared to the same time last year. The report
       for September identifies that in comparison to the same time last year total
       rates outstanding are up by 12%, with rates raised up by 11%. The total
       amount of rates collected to date is down by 12% on the same time last
       year.

       Plant & Equipment Replacement Report
       The Plant & Equipment Replacement Report identifies the plant and
       equipment purchased for the year to date, the purchase price, trade in value
       and profit (loss) on sale. The Actual Net column identifies the actual
       change over cost compared to the Budgeted Change Over.


       Adam Wilson
       Manager Corporate Services

       Attachments:      16




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12.2    LOAN FOR ST MARYS SPORTS CENTRE INC.
        (File No: 018\019\001\)

        RECOMMENDATION

        That Council approve a three year interest free loan of $13,000 dollars to
        the St Marys Sports Centre Inc. to enable the association to purchase a
        Toro Reelmaster 5500-D mower.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        The St Marys Sports Centre Inc has requested Council’s help to enable
        the association to purchase a Toro Reelmaster 5500-D mower.

        Strategic Plan

        4B – Financial Management.

        Statutory Requirements/Government Department

        Local Government Act 1993.

        Community Consultation

        Not applicable.

        Annual Plan

        The $13,000 loan could be fund from Council’s plant replacement
        account. The club would pay monthly payments of $361.12 over the
        period of 36 months.

        Liability Assessment

        Council has limited cash funds available that have not been allocated and
        will need to reallocate $13,000 of the plant replacement account to fund
        this loan.

        Report

        The St Marys Sports Centre Inc has requested Council’s help to enable
        the association to purchase a Toro Reelmaster 5500-D mower that will be
        used to maintain Council owned property at the St Marys Sports
        Complex.



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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

        The association requires a loan of $13,000 it is proposed that this would
        be an interest free loan over a period of 36 months, subject to the
        following loan terms:


                                   Loan Agreement

        Parties to Agreement:-

        The Break O’Day Council of the Esplanade St Helens in the State of
        Tasmania (The Council).

        And

        The St Marys Sports Centre Inc. of St Marys in the State of Tasmania
        (The Club)

        Purpose of the Agreement:-

        The parties agree to enter into a contractual relationship where Council
        loans to the Association monies for the purchase the nominated plant.

        The parties Agree:-

        The Council agrees to loan to the Association the amount detailed in the
        schedule.

        The Association agrees to repay the loan on the terms detailed in the
        schedule.

                                     The Schedule

        Sum Borrowed:                     $13,000
        Maximum Term of Loan:             36 months
        Purpose of Loan:                  Purchase Toro    Reelmaster    5500-D
        mower
        Repayment Frequency:              Monthly in advance
        Repayment Amount:                 $361.12
        Commencement Date:                1st October 2007


        I recommend that Council approve an interest free loan of $13,000 to the
        St Marys Sports Centre Inc for a period of 36 months to enable the
        Association to purchase a Toro Reelmaster 5500-D mower.


        Adam Wilson
        Manager Corporate Services
        Attachments: 2




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12.3    SEWERAGE RATE REMISSION – BARRY STEWART
        (File No: 2031601)

        RECOMMENDATION

       That in accordance with the provisions of s.129(3) of the Local
       Government Act 1993, Council refuse a remission for a portion of the
       sewerage charge levied on the property known as Martha Vale PID
       2061601.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        Council has received a request from Mr Barry Stewart requesting a
        remission of his sewerage charge for his property known as Martha Vale
        in Tully Street, St Helens.

        The request is based on the fact that Council levies the Sewerage Rate
        based on the AAV of the property. Mr Stewart believes that because the
        AAV is calculated on the whole of the property and that part of this
        property is unused and the balance is agricultural land, this method should
        not be used to calculate the rates.

        Section 2.1 of Council’s Rates Resolution states that:

          “A service rate for sewage removal on all rateable lands which drain
          into Council's common sewer or drain or are within 30 metres at the
          nearest boundary from the Council's common sewer or drain of 3.5
          cents in the dollar of the assessed annual value of the land. Pursuant to
          section 93(3) Council sets a minimum amount payable in respect of
          this rate in the sum of $450.00.”

        The sewerage rate for this property is based on the Assessed Annual
        Value (AAV) of the entire property 219.6ha.

        The sewerage charge as calculated in accordance with Council’s Rates
        Resolution is $42,896 (AAV) * 0.035 = $1,501.36.

        Strategic Plan

        Financial Management.

        Statutory Requirements/Government Department

        In accordance with the requirements of s.129 of the Local Government
        Act 1993, this motion must be approved by an absolute majority of
        Council.



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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

        Community Consultation

        Not applicable.

        Annual Plan

        Water and Water Reuse.

        Liability Assessment

        Low.

        Report

        This is the third year that Mr Stewart has requested a remission of this
        charge. Neither of the previous requests have been approved. Mr Stewart
        has also stated that he wrote to Council in 2005 requesting an adjustment
        to be made and did not receive a reply.

        This is not quite accurate as Mr Stewart’s representative R.L. Jones and
        Associates from Launceston lodged a request on behalf of Mr Stewart
        dated 6th October, 2005.

        His request was refused by Council and correspondence this on the 16th
        November, 2005 (copy attached).

        Mr Stewart made a second request on the 4th December, 2006 requesting
        a remission of the sewerage service charge. This request was also refused
        at the meeting held on the 11th December 2006.

        Mr Stewart was notified of the decision on the 10th January, 2007.

        This request contradicts Council’s Rates Resolution, which requires all
        properties to pay a sewerage service rate, based on the AAV of the
        property.

        The applicant has claimed that this property is partly outside the St
        Helens Sewerage District; however the attached map shows the property
        boundaries are inside this District. This property is provided with a
        Sewerage removal services and as such the charge should remain in force.

        Council does not set a sewerage rate per connection to a property, all
        properties within the Sewerage District are rated in this manner and
        granting a remission in this case may set a precedent for other remissions.

        This property has received approval for a 17 lot subdivision, there is also
        an application for a further 23 lots. All of which will have to be
        connected to Council’s Sewerage system.

        Adam Wilson
        Manager Corporate Services

        Attachments:      4

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12.4    BUILDING AND PLANNING FEES – 32 RIVERVIEW ROAD,
        SCAMANDER

       RECOMMENDATION

       That the remission for building fees and the refund for the planning fees at 32
       Riverview Road, Scamander be approved.

         MOVED                                   SECONDED
         FOR
         AGAINST

        Introduction

       Council has received a request from the owners of the property situated at 32
       Riverview Road, Scamander, for a remission of building fees and a refund of the
       plumbing fees paid to rebuild a garage due to the December bushfires.

        Strategic Plan

        4B – Financial Management.

        Statutory Requirements/Government Department

        Local Government Act 1993.

        Community Consultation

        Not applicable.

        Annual Plan

        Annual Plan – Development and Environment Health.

        Liability Assessment

       A reduction of $252.15 from Building Fees and $150.00 from Planning Fees,
       giving a total of $402.15. The total of $402.15 does not include building levy’s
       of $60.00.

        Report

       Council has received a request from the owners of the property situated at 32
       Riverview Road, Scamander, for a remission of building fees and a refund of the
       plumbing fees paid to rebuild a garage due to the December bushfires.

       Council have agreed to remit fees for a number of applications similar to this,
       and it is recommended that Council approve the remission for building fees less
       an building levy’s and the refund for the planning fees at 32 Riverview Road,
       Scamander.

       Adam Wilson
       Manager Corporate Services

       Attachments:       1


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13.0    WORKS & INFRASTRUCTURE
13.1    WORKS REPORT – 01.10.2007
        (File No: 014\002\001\)

        RECOMMENDATION

        That the report be received.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        This is a monthly update of the Works Report as requested by Council.

        Strategic Plan

        Not applicable.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        Items from Annual Plan and emerging issues.

        Liability Assessment

        No liability issues.

        Report

        CAPITAL WORKS

        St Helens Sewage Treatment Plant
        The supplier of the Pall Membrane System has carried out a maintenance
        service of the filters and reported that everything is fine.

        There were concerns that sitting there too long could cause an algal
        growth on the membranes with detrimental effects to their longevity.

        GHD report that they are making good progress on sorting out the current
        impasse with the contract and completion of commissioning.

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        Fingal / Cornwall / Mathinna Water Meters
        We have circulated a general letter to the residents of Fingal to help sort
        out properties which may have multiple water connections which could
        result in unnecessary charges to their properties.

        As soon as we have established the various residents wishes, we will then
        complete the meter installation to these remaining blocks.

        We are also finding some strange things in the way some of the blocks in
        Fingal receive water. We may have to install some new water mains to
        properly service some blocks.

        Mathinna meters are underway and work is progressing quickly.

        Cornwall meters are almost completed.

        St Marys Bore
        We have had several test runs of the new bore set up, there have been a
        few problems getting all the fittings watertight but the flow from the bore
        is very good and has a better taste than the existing bore (less metallic).

        It should be fully integrated into the system by the meeting date.

        Scamander Waste Compactor
        The compactor appears to be becoming more reliable with the “glitches”
        becoming less prolonged and less severe.

        We have the revision and update of the EMP for the site nearly complete.

        Industrial Estate
        We completed all the remaining kerbing works on Rex Court and
        Warrens Way and are now working on the pavements for the two streets.

        We will then complete the driveways, finish the pavement work and seal
        the streets which will complete all planned works.

        Colchis Creek Bridge No. 455 (Binalong Bay Road)
        The sealing works were completed, the Armco will be installed shortly by
        our contractor for this work.

        Georges River Bridge No. 456 (Binalong Bay Road)
        Work is progressing well.

        Mangana Road Bridge No. 643
        We have started work constructing the abutments (two required).
        We inspected all the components at Humes’ yard in Launceston and have
        started the program to get them delivered to site and erected with a large
        crane.

        Ansons Bay Sewerage System
        No change.


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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

        Ansons Tip Relocation
        Parks advised that a letter setting out their views on the continued
        operation of the existing tip site is in the mail (01.10.2007)

        Scamander Avenue
        The majority of the sealing was completed but the contractor ran out of
        bitumen.

        Chimney Heights
        The roadworks were sealed but the driveways were not due to a lack of
        bitumen.

        St Helens Sewage Ponds
        Work has commenced on wave wall repairs.

        Ansons Bay Road
        Approximately 2000m3 of gravel was placed on the road south of the
        Telegraph as part of our resheeting program.

        PLANT REPLACEMENT
        We have accepted delivery of the new JCB backhoe on 1st October.

        MAINTENANCE WORKS

        Water Meter Reading
        Council staff read all of the meters during the period.

        St Helens Point Road
        A large pre-cast concrete slab was installed on a culvert at the base of
        Chimney Heights to cure a long standing problem with a difficult
        headway.

        Ansons Bay Road
        A large culvert was extended to cure an erosion problem just north of the
        Eddystone turn off.

        Works Program
        Work will continue as noted on the Industrial Estate roads, then we will
        commence the Cecilia/Quail Sts. Project.

        We will continue on the Mangana bridge replacement.

        Maintenance Works
        Grading works will be carried out on streets around St Helens and then
        move to the Roses Tier, Mathinna Plains roads.


        Graham Cameron
        Manager Works & Infrastructure

        Attachments:      NIL


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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007



14.0    COMMUNITY/ECONOMIC DEVELOPMENT
14.1    SPONSORSHIP – MAYPOLE DAY EVENT – ST MARYS
        RECOMMENDATION

        That Council provide a $1,000 donation towards sponsoring the Maypole
        Day Event which is being held in St Marys from 29th October to 2nd
        November, 2007.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the attached letter from Grassy Bottom Regional
        Arts seeking monetary support for their annual Maypole Day Event.

        Strategic Plan

        Program 2 Community Growth – 2B – Strategy 2B.1.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        There is money in the 2007/2008 Annual Plan – Community Events.

        Liability Assessment

        Low.

        Report

        The Maypole Day event has been running for 8 years, this being the 9th
        year with very little funding from Council in the past. This year the
        committee has decided to offer workshops for both adults as well as the
        youth and run it over a week.

        In the attached letter they have suggested that Council as part of their
        sponsorship may like to sponsor the Maypole Artprize.

        Chris Hughes
        Community Development Officer
        Attachments: 2
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14.2    WAIVER OF FEES – PORTLAND HALL

        RECOMMENDATION

        That Council support the Suncoast Singers by waiving the hall hire fee
        for the Portland Hall for their concert on Saturday 27th October, 2007.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the attached letter requesting a waiver of the hall
        hire fees for the Portland Hall.

        Strategic Plan

        Program 2 – Community Growth – Objective 2B – Culture and the Arts –
        Strategy 2B1.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        Not applicable.

        Liability Assessment

        A copy of the Suncoast Singer’s insurance documentation will be
        required by Council along with a refundable $220 bond.

        Report

        The attached letter from the Suncoast Singers advises that the main
        purpose of the Suncoast Singers is to raise money to assist organisations
        within our community. The Suncoast Singers have performed at
        Council’s request at such events as Seniors Day and the Lighting of the
        Christmas Tree at no cost to Council.


        Chris Hughes
        Community Development Officer
        Attachments: 1


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14.3    WAIVER OF HALL HIRE FEES – ST                            HELENS       &
         DISTRICTS CHAMBER OF COMMERCE INC

        RECOMMENDATION

        That Council waive the hall hire fees for the St Helens & Districts
        Chamber of Commerce Inc “Meet the Candidates” forum being held in
        the Portland Hall on Saturday 13th October, 2007.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the attached letter from the St Helens & Districts
        Chamber of Commerce Inc requesting a waiver of the hall hire fees for
        this event.

        Strategic Plan

        Program 2 Community Growth – Objective 2A Community Building.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        Not applicable.

        Liability Assessment

        Low.

        Report

        The St Helens & Districts Chamber of Commerce Inc run these forums
        each time there are Local Government elections. The idea behind this
        forum is it gives the voting public an opportunity to meet the candidates
        and ask their views on relevant issues.


        Chris Hughes
        Community Development Officer

        Attachments:      1

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14.4    WAIVER OF HIRE FEES – LIONS CLUB OF ST MARYS

        RECOMMENDATION

        That Council support the Lions Club of St Marys and waives the hire fees
        for the St Marys Hall and St Marys Recreation Ground for the period 26th
        November to 3 December, 2007 to assist them in their Sesquicentenary
        events.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the attached letter from the Lions Club of St Marys
        requesting a waiver of hall hire fees.

        Strategic Plan

        Program 2 – Community Growth – Objective 2B – Culture and the Arts.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        Not applicable.

        Liability Assessment

        The Lions Club of St Marys would need to provide Council with current
        insurance documentation and pay a hall bond fee of $330 if liquor is sold
        or $220 if liquor will not be consumed at the St Marys Hall.

        Report

        The Sesquicentenary of St Marys is a significant event for Break O’Day
        and in particular the St Marys community. Events proposed will incur
        costs and it is therefore appropriate that the organising committee be
        provided with in-kind support to cover the costs of some events.

        Chris Hughes
        Community Development Officer
        Attachments: 1


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14.5    SPONSORSHIP – STATE GKR KARATE REPRESENTATIVES

        RECOMMENDATION

        That Council donate $200 to Adam Rainbow, Fleur Alexander, Ira
        Bleakley, Hannah Nichols and Floyd Imber to assist them with the costs
        of competing in that National Karate Championships being held in
        November in Sydney.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the attached letter from Fiona Watts who is the
        Local GKR Trainer seeking Council’s financial assistance in sending five
        local representatives to the National Karate Titles in Sydney.

        Strategic Plan

        Program 2 – Objective 2D – Sport and Recreation.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        There is money in the 2007/2008 Community Activities – Miscellaneous
        Donations

        Liability Assessment

        Low.

        Report

        Twelve months ago, the GKR Karate Club was formed and to date they
        have approximately 35 students. As from the attached letter all of the five
        above were medal winners with three participants receiving the title of
        State Champion in their class.

        Chris Hughes
        Community Development Officer

        Attachments:      1

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14.6    SMALL GRANTS – ROUND 1 - 2007/2008

        RECOMMENDATION

        That Council approve the following grants:

        Pyengana Playgroup                                           423.90
        Play equipment

        St Helens Surf Angling Club Inc                              500.00
        PA System

        St Helens Tennis Club Inc                                    500.00
        Noticeboard

        Suncoast Gallery                                              89.00
        Purchase a ladder

        1st St Helens Sea Scouts Group                               500.00
        Purchase sails

        Friends of Medea Park                                        500.00
        Assist in providing hairdressing salon for residents

        Healthy Community Project                                    500.00
        Fitter Sitters Program

        Healthy Community Project                                    320.00
        Health Activity Promotion Activity Years 6 to 8 @ St Marys

        GKR Karate St Helens                                         500.00
        Purchase of equipment

        St Helens Day Centre                                         500.00
        Purchase of equipment

        St Marys Hospital Auxiliary                                  500.00
        Purchase wheel chair scales

        St Helens Croquet Club Inc                                   500.00
        Purchase of shade cloth

        St Helens Community Shed                                     450.00
        Purchase of equipment

        St Helens Girl Guide Association                             500.00
        Purchase of paint

        Women Get Active Fingal                                      500.00
        Fund program


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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

        Weldborough Progress Association                             500.00
        Complete the rhododendron plantings

        Healthy Community Project – FriendSHIP program               500.00
        Support running of project

        Break O’Day Stitchers Inc                                    445.45
        Purchase materials

        St Helens Toy Library                                        500.00
        Purchase toys

        TS Argonaut Navy Cadets                                      500.00

        Purchase manikins

        St Helens Christmas Decoration Committee                     500.00
        Purchase town banners

        Healthy Community Project                                    500.00
        To support Harmony Day

        Mathinna Community/Landcare Group                            500.00
        Remedial works at cemetery

        St Marys Playgroup                                           500.00
        Purchase toys


        TOTAL                                                    $11,228.35

        MOVED                               SECONDED
        FOR
        AGAINST

        Introduction

        Submissions for small grant funding (Round 1) closed on Friday 21st
        September, 2007. The submissions received have been distributed to all
        Councillors. Councillors discussed the applications on Thursday 27th
        September, 2007 and formulated recommendations for the October
        Council meeting.

        Strategic Plan

        Program 2 – Community Growth, Objective 2A – Community Building
        Strategy 2A.7

        Statutory Requirements/Government Department

        Not applicable


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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

        Community Consultation

        Not applicable

        Annual Plan

        $12,500 included in the 2007/08 Operational Plan

        Liability Assessment

        Measure of impact – insignificant
        Low risk – managed by routine procedures and assessed within
        designated timeframe.

        Report

        Councillors present on Thursday 27th September, 2007, gave
        consideration to all submissions and formulated the recommendations as
        listed above.


        Chris Hughes
        Community Development Officer

        Attachments:     Nil




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14.7    TOWNSHIP SIGNAGE - MATHINNA

        RECOMMENDATION

        That Council approve the attached township entrance sign for Mathinna.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        Discussions have been held between Council’s graphic artist and
        representatives from Mathinna who came up with the attached design.

        Strategic Plan

        Program 2 – Community Growth – 2C Township Image – Strategy 2C.5.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        The attached signage was done in conjunction with residents of
        Mathinna.

        Annual Plan

        Money is allocated for this project in the 2007-2008 Annual Plan.

        Liability Assessment

        Low.

        Report

        Residents of Mathinna in consultation with Council’s graphic artist have
        designed the attached sign. If Councillors give approval to the concept
        design, De Neefe Signs will go ahead and adapt the design to make it
        suitable for signage. The sign will be arch shaped with Break O’Day
        Council annulus around the logo keeping in line with the existing
        township signage. The bottom part of the sign will have the town name
        and the “Country Charm”.

        Chris Hughes
        Community Development Officer

        Attachments:      Separately attached


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14.8    MURUAL – TOILET BLOCK, SCAMANDER

        RECOMMENDATION

        That Council support the Scamander Beaumaris Community Development
        Association and the Healthy Community Project in designing and painting a
        mural on the north east face of the toilet block at Scamander subject to
        Council’s approval of a design.

        MOVED                                    SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the two attached letters asking for Council’s permission to
        create and design a mural with young people from Scamander.

        Strategic Plan

        Program 2 Community Growth – Objective 2B Culture and the Arts.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        No funding has been requested from Council to support this project.

        Liability Assessment

        Low.

        Report

        From the attached letters, Council has been advised that it will be a project
        designed and created by the youth of Scamander. They believe that it will be
        worthwhile project and will assist in the current projects being undertaken on
        the Scamander Foreshore and also assist in the recovery of the Scamander
        community after the December bushfires.

        Council’s Facilities and Development Officer advised that subject to the design
        being approved by Council, this project could go ahead as it does not represent
        any building concerns.

        Chris Hughes
        Community Development Officer

        Attachments:      2



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14.9    WAIVER OF TIP FEE – ANGLICAN PARISH OF ST                     HELENS

        RECOMMENDATION

        That Council grant a waiver of tip fees to the Anglican Parish of St
        Helens when taking furniture to the Refuse Depots.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the attached request from the Anglican Parish of St
        Helens seeking Council’s assistance in waiving tip fees in relation to the
        delivery of furniture to the refuse depots.

        Strategic Plan

        Program 2 Community Growth – Objective 2E Community Services.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        Not applicable.

        Liability Assessment

        Low.

        Report

        The Anglican Parish of St Helens played an integral part in the fire
        recovery and was the main distributors of goods and furniture that were
        donated during that period and also assist many people during a time of
        need.


        Chris Hughes
        Community Development Officer

        Attachments:      1



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14.10   WAIVER OF TIP FEE – ST HELENS NEIGHBOURHOOD HOUSE
        OP SHOP

        RECOMMENDATION

        That Council grant a waiver of tip fees to the St Helens Neighbourhood
        House Op Shop for the discarding of non useable clothing.

        MOVED                                 SECONDED
        FOR
        AGAINST

        Introduction

        Council has received the attached request from the St Helens
        Neighbourhood House Op Shop seeking Council’s assistance in waiving
        tip fees in relation to discarding non useable clothing.

        Strategic Plan

        Program 2 Community Growth – Objective 2E Community Services.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Not applicable.

        Annual Plan

        Not applicable.

        Liability Assessment

        Low.

        Report

        The St Helens Neighbourhood House are seeking Council’s assistance in
        waiving tip fees in relation to the disposal of unwanted clothing. In the
        attached letter they advise that the fortnightly garbage collection is not
        sufficient for them to dispose of “dirty, torn, …bad repair” clothing.


        Chris Hughes
        Community Development Officer

        Attachments:      1


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14.11   ST HELENS TOURISM PRECINCT DEVELOPMENT                           PLAN

        RECOMMENDATION

        That Council receive the St Helens Tourism Precinct Plan prepared by
        Inspiring Plan and consider the proposals as outlined so that funding from
        outside sources can be applied for and any Council contributions to be
        considered in the 2008/2009 budget discussions.

        MOVED                                   SECONDED
        FOR
        AGAINST

        Introduction

        Council received a grant from the State Government in November, 2004,
        when visiting our Municipality that they had set aside $50,000 to
        “maximise the economic and community benefits of tourism visitation to
        the North East and to grow and add depth to the visitor experience”.

        Strategic Plan

        Program 3 Economic Advancement – Objective 3B Tourism.

        Statutory Requirements/Government Department

        Not applicable.

        Community Consultation

        Inspiring Place who prepared the report facilitated community
        engagement in the form of survey forms and community meetings with
        relevant community representatives.

        Annual Plan

        There is no money set aside in the 2007/2008 annual plan for any of the
        proposals from the report.

        Liability Assessment

        Low.

        Report

        Attached separately to this report is a project brief which set the guidelines
        for the report prepared by Inspiring Place.

        The aim of the project was to:



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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

                develop a fully integrated tourism development plan for the St
                Helens hub (which includes the areas north to the Gardens and
                south to Diana’s Basin but mindful of surrounding areas);
                maximise the economic and community benefits of tourism
                visitation to the North East; and
                to grow and add depth to the visitor experience.

       Recommendations from the report are:

              Bay of Fires Experience – the development of a Bay of Fires
              Interpretation Site located at the existing camp site north of Sloop
              Rock Point;
              St Helens Waterfront; and
              The Foreshore Trail – completing the existing walking track along
              the foreshore at St Helens


        Chris Hughes
        Community Development Officer

        Attachments:    Separately attached




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   AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007



  15.0              DEVELOPMENT SERVICES
  Pursuant to Section 25 of the Local Government (Meeting Procedures)
  Regulations 2005 the Mayor informed the Council that it was now acting as a
  Planning Authority under the Land Use Planning and Approvals Act 1993.

  15.1             PLANNING APPROVALS ISSUED UNDER DELEGATION
                                                                                         ESTIMATED
         NAME                     LOCATION              DEVELOPMENT            SECTION
                                                                                           VALUE
                                179 Reids Road,
         D Hirst                                        Machinery shed           58       $30,000
                                   St Helens
 East Coast Surveying          27 Bay Vista Rise,
                                                       Dwelling & Garage         57       $200,000
   obo A & J Nikas                 St Helens
                              269 St Helens Point
      R & F Lees                                       Dwelling Additions        57       $80,895
                                 Road, Stieglitz
                                                        Shed, Annexe &
       T Bertram             8 Luck Court, Akaroa     Plumbing to existing       58       $11,000
                                                             shed
   F Matthews obo              13 Douglas Court,
                                                        Deck/Verandah            58       $14,000
B Rendell & V Vautu'ua              St Helens
                                 7 Steel Street,
     R & K Denman                                           Garage               58        $3,000
                                   Scamander
                                2 Banksia Drive,
       P Dickson                                            Caravan              58          -
                                  Ansons Bay
      S Venton &              42-44 Osprey Drive,     Dwelling Alterations,
                                                                                 58       $11,500
     R McQueeney                     Stieglitz         Deck & Verandah
                               Lot 4 Gray Road,
      D & J Gilbert                                    Dwelling & Garage         57       $100,000
                                    St Marys
                             19 Melacleuca Street,     Amended Planning
     J & K Whelan                                                                56          -
                                  Ansons Bay            Permit - Dwelling
Onshore Designs obo            5 Andrews Court,
                                                            Dwelling             58       $120,000
     N & S Peake                  Binalong Bay
                               Lot 3 Aquaculture
M & I Securities, I Bailey
                              Drive, Binalong Bay      Shed & Amenities          57       $30,000
    & M McDonald
                                Road, St Helens
Onshore Designs obo            45 Leaside Drive,     Dwelling and dwelling &
                                                                                 58       $250,000
     S & L Brooks                   St Helens          garage demolition
                             163 St Columba Falls
         J Healey                                       Calf rearing shed        58        $7,500
                                Road, Pyengana
Bullock Consulting obo         16 Seatons Cove
                                                            Dwelling             57       $350,000
     K & K Klisch               Road, St Helens
     A Lewis obo                 Skyline Drive,            Dwelling,
                                                                                 58       $300,000
   J & C Emmerton                  Beaumaris            Workshop/Studio
                                52 Main Street,
       M McGee                                         Shipping container        58        $5,000
                                    St Marys
                             224 Upper Scamander
   K King obo L King                                    Deck/Verandah            58       $10,000
                               Road, Scamander
                                 45 Main Road,         Change of Use to
  C Smith & R O'Brien                                                            57          -
                                    St Marys               Nursery
      S Schindler             41 Falmouth Street,         Boat Shed              57        $8,500
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                                                                                      ESTIMATED
      NAME                   LOCATION                 DEVELOPMENT           SECTION
                                                                                        VALUE
                              St Helens
                          53 Lawry Heights,
    N McKinnell                                           Dwelling            57       $200,000
                              St Helens
                        24-26 George Street,
    S Hardcastle                                          Dwelling            57       $200,000
                             Scamander
                       87 North Ansons Road,
  D & L Benefield                                         Dwelling            57       $160,000
                             Ansons Bay
Onshore Designs obo      13 Halycon Grove,
                                                     Dwelling & Carport       57       $230,000
   M & L Doljanin             St Helens
 R & M Thompson        6 Petrel Place, Stieglitz          Dwelling            57       $130,000
                        21 Ansons Bay Road,
   K & M Barker                                      Dwelling Additions       57       $200,000
                              St Helens
                           Michael Street,
   M Hornibrook                                           Signage             58        $1,000
                              Cornwall
Onshore Designs obo      37 Riverview Road,
                                                           Studio             58       $20,000
     J Harrison              Scamander
 Crawford & Co obo        2 Halcyon Grove,         Replace bedroom & new
                                                                              58       $20,000
       A Pike                 St Helens                     deck
                         18-24 Gray Street,
    D & R Tuck                                       Dwelling & Garage        57       $140,000
                                Fingal
East Coast Surveying      67 Parnella Drive,
                                                     Dwelling & Garage        57       $200,000
 obo C & P Penno               Stieglitz
                         30 Boobyalla Drive,        Demolition & Dwelling
   D & F Wagner                                                               57       $15,000
                             Ansons Bay                 Extension

RECOMMENDATION

That the above information be noted.

 MOVED                                   SECONDED
 FOR
 AGAINST




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15.2    REQUEST TO REMIT CAR PARKING CASH CONTRIBUTION-
        CAROL & NEVILLE SHEPPERD – RETAIL DEVELOPMENT 22-
        24 QUAIL STREET ST HELENS
        (File No: DA 236-07)

        RECOMMENDATION

           1. Council remit the cash in lieu ($40,000.00) payment for additional
              car parking spaces required under condition No. 5 of Planning
              Permit 236-07 for commercial development at 22-24 Quail Street
              St Helens for C & N Shepperd; or
           2. Council not remit the cash in lieu payment for additional car
              parking spaces required under condition No. 5 of Planning Permit
              236-07 for commercial development at 22-24 Quail Street St
              Helens for C & N Shepperd; or
           3. Council reduce the cash in lieu payment for additional car
              parking spaces required under condition No. 5 of Planning Permit
              236-07 for commercial development at 22-24 Quail Street St
              Helens for C & N Shepperd to two spaces with payment of
              ($20,000.00).

          MOVED                               SECONDED
          FOR
          AGAINST

        Introduction

        Mr & Mrs Shepperd have a development permit to construct 3 (three) co-
        joined shops on the Quail Street frontage of their commercial property at
        22-24 Quail Street St Helens.

        It was assessed that the proposed development had a deficiency of 4
        (four) car parking spaces and the permit was issued subject to cash in lieu
        payment of $10,000.00 per space. Mr & Mrs Shepperd have requested
        Council waive this charge.

        Strategic Plan

        The Strategic Plan of the Break O’Day Council supports quality
        sustainable development.

        Statutory Requirements/Government Department

        Council has an obligating under Section 48 of the Land Use Planning &
        Approvals Act 1993 to observe and enforce its own Planning Scheme.

        Car parking requirements for new developments is controlled under Part
        14.1 of the Planning Scheme. The onsite car parking assessment for this
        proposal was in the opinion of Council’s Planning Staff deficient in
        respect to car parking by 4 spaces.


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        Part 1.2 of Table 14.1 of the Break O’Day Planning Scheme does provide
        for the payment of cash in lieu for the provision of car parking spaces
        where they can not be provided on site.

        Community Consultation

        The application was processed as a discretionary application under
        Section 57 of the Land Use Planning and Approvals Act 1993. No
        representations were received to the proposed development.

        Annual Plan

        Not applicable.

        Liability Assessment

        No perceived liability issues with this matter.

        Report

        The initial application to Council did provide for 12 spaces. A copy of
        this proposal plan is included at attachment Plan A. This proposal raised
        a number of concerns, the spaces were absolute minimum size, the access
        pathway was only 1 metre wide and manoeuvrability on site was
        restricted.

        An alternative layout was negotiated and is included at attachment Plan
        B. This resulted in one less car parking space however a far more
        acceptable layout was achieved.

        It is accepted there is the potential for differing interpretations of Table
        14.2 which specifies car parking space numbers. It specifies that the
        requirements for all Business and Civic Uses is 1 space per 30 metres
        square where the floor area is less that 250 square metres and 1 space per
        50 square metres for floor area over 250 square metres.

        The proposal has 3 separate shops, it is the interpretation of Planning
        Staff that this represents 3 separate businesses and must be assessed
        accordingly, which is a business use less that 250 square metres. With a
        floor area of 151.28 square metres this calculates at five spaces required
        for each shop. If the proposal was considered as a single premise it is a
        total of 453.84 square metres and at 50 square metres per space it would
        only require 9 spaces.

        Although different usages of a shop could impact on car parking
        requirements it is expected that three separate shops would have more
        parking requirements than a single premises.

        Council has made a number of decisions over the past few years to reduce
        car parking requirements for commercial developments in St Helens. I do
        not believe that any of these decisions would set a precedent for this
        request.

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        The matter is presented for Council’s consideration with alternative
        recommendations.


        Tony Walker
        Manager Development Services

        Attachments:    5




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15.3    ALLOCATION OF STREET NUMBERS – FALMOUTH

        RECOMMENDATION

        That the township of Falmouth be re-numbered as an urban area using
        Geographic Information – Rural and Urban Addressing AS/NZ 4819 as
        the standard, and Council undertake a survey of the street signs in
        Falmouth and replace those damaged, inappropriately placed and non
        existing

        MOVED                                  SECONDED
        FOR
        AGAINST

        Introduction

        At present Falmouth is an urban township with street numbers based on
        the rural addressing system. A recent subdivision in Frank St requires
        allocation of street numbers, presenting an opportunity to review street
        numbering of the township as a whole.

        Strategic Plan

        Program 1C Transport Infrastructure.

        Statutory Requirements/Government Department

        The authority to allocate street numbers lies with Council under the Local
        Government (Highways) Act 1982 Section 55.

        Community Consultation

        All residents were advised of this issue and an opportunity given to raise
        concerns with the proposal to re-number the properties.

        Annual Plan

        Street numbering is a core function of Council. The costs associated with
        this recommendation are primarily staff time.

        Liability Assessment

        A liability assessment has not been undertaken, however if a single
        incident of an emergency service being delayed to an emergency call was
        averted the change would be justified .

        Report

        The current street numbers were allocated in Falmouth when the rural
        addressing system was introduced. The rural addressing system was
        designed for rural areas and relates to the distance of properties from the

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        beginning of the road. It is not known who made the decision to number
        Falmouth based on the rural addressing system. Given the urban layout of
        Falmouth, this system is confusing and an urban addressing system based
        on the sequence of properties along a street would be more appropriate.
        At present it is difficult to locate properties by their street number and
        there is potential for emergency services to be delayed. If the new
        subdivision is rural addressed, it will continue the anomaly of an urban
        area being rural addressed.

        If Council adopts this recommendation there will be an impact on the
        residents and businesses in Falmouth, who will be required to change
        their street and/or mailing addresses.

        Council deferred its decision at the July 2007 meeting until the residents
        had been given an opportunity to voice their opinion on this item.
        Council sent out a letter to 122 property owners informing them of what
        was proposed and requesting them to comment.
        11 responses were received and all were against this proposal and most
        were strongly opposed to it.

        One other issue that has been raised is damaged and insufficient street
        signs in Falmouth. These concerns are justified, Falmouth does have a
        number of streets that are spilt by undeveloped sections, some signs are
        damaged and not positioned correctly. If Council approves the re-
        numbering it is an opportunity to review and upgrade street signs.



        Roger Norton
        Municipal Inspector

        Attachments:        12




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15.4    ST MARYS SCHOOL FARM – REQUEST FOR IN-KIND
        CONTRIBUTION

        RECOMMENDATION

        That Council supports the redevelopment of St Mary’s District High
        School Farm, including the construction of wetlands for stormwater
        treatment, by providing and delivering up to two truck-loads of gravel.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        St Marys District High School has requested that Council provide an in-
        kind contribution to assist in the redevelopment of their school farm, in
        particular the stormwater treatment aspect.

        Strategic Plan

        1A.5 - Keep the community informed of land use management strategies.
               Explore avenues of increasing environmental awareness
               throughout the community.

        1B.18 – Continue to actively support Waterwatch, Landcare and other
              programs focussed on improving catchment quality.

        3B.21 – Undertake a range of activities to seek improved water
             management practices

        Statutory Requirements/Government Department

        Not Applicable.

        Community Consultation

        Request from community.

        Annual Plan

        The value of the contribution is up to $400 (approximately $200 per
        truck-load).

        Liability Assessment

        Low.




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        Report

        St Marys District High School has commenced an innovative
        redevelopment of their school farm, to provide outdoor learning spaces, a
        broader range of educational opportunities, and environmental outcomes.
        They have a design for the area which includes native vegetation
        corridors and wetlands for the treatment of stormwater runoff from
        impervious areas of the school grounds. This will contribute to improved
        water quality in St Patrick’s Creek, part of the South Esk catchment, and
        will provide an opportunity for students to be involved in implementing
        the project and considering water quality issues and solutions.

        The project is largely dependent on external funding and community
        contributions. Works Department staff have been consulted and have
        agreed that the provision of up to two truck-loads of gravel can be fitted
        into their program quite readily.


        Kate Thorn
        Natural Resource
        Management Facilitator

        Attachments:     NIL




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15.5    APPLICATION FOR ADHESION ORDER – DOUGLAS GRAEME
        PREECE & ANNE MAREE PREECE - NEWMANS ROAD, ST
        MARYS
        (File No: PID 7951079 & 7951087 - DA 383-07)

        RECOMMENDATION

        That the adhesion order for titles 100306/3 and 236867/1 be executed.

        MOVED                                SECONDED
        FOR
        AGAINST

        Introduction

        Request has been made under the provisions of Section 110 of the Local
        Government (Building and Miscellaneous Provisions) Act 1993 by Rae &
        Partners, acting on behalf of Douglas Graeme Preece and Anne Maree
        Preece, to adhere Titles for property at Newman Street, St Marys.

        Strategic Plan

        Program 1F – Regulatory.

        Statutory Requirements/Government Department

        Local Government (Building and Miscellaneous Provisions) Act 1993.

        Community Consultation

        Not applicable.

        Annual Plan

        Statutory

        Liability Assessment

        No legal liability.

        Report

        Mr & Mrs Preece are in the process of purchasing a Crown Land Road
        Reservation. Before they can complete the process, Crown have
        requested the purchasers to adhere the properties CT 100306/3 and
        236867/1 so that CT 236867/1 does not become landlocked.

        Tony Walker
        Manager Development Services

        Attachments: 7

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The Mayor advised the Council that it had now concluded its meeting as a
Planning Authority under Section 25 of the Local Government (Meeting
Procedures) Regulations.

16.0      GENERAL MANAGER’S REPORT
16.1     WATER AND SEWERAGE PROPOSAL

          RECOMMENDATION

          1. That Council recognises that the State Government will not consider
             the status quo (i.e. Councils taking individual responsibility for sewer
             and water services, with some bulk water supply arrangements) as a
             solution to the current review of water and sewerage services.

          2. That Council notes that the Northern Region’s General Managers
             have proposed a united approach to Water and Sewerage reform.

          3. That, as the status quo is not an option, Council advises the State
             Government, the Ministerial Sewer and Water Taskforce, the
             Northwest and Southern Regional Councils and the Local
             Government Association of Tasmania that Launceston City Council
             could support a regional water and sewerage authority/corporation
             owned by the eight Northern Councils, generally based on the ten
             principles provided by Treasury (attachment 1), plus the following:

                 i.   An additional 11th principle that the Councils who own the
                      regional water and sewerage authority/corporation receive
                      both dividends and equivalent tax payments as occurs now for
                      joint bulk water authorities.
                 ii. That the Northern Councils need to be left in a financial state
                     that maintains their viability (i.e. there should be no
                     detrimental affects on other Council works and services due to
                     the formation of a regional water and sewerage
                     authority/corporation).
                 iii. That the State Government puts in place effective enabling
                      legislation and regulation towards well developed protocols to
                      deal with the links between the various functions a Council
                      and a regional water and sewerage authority/corporation
                      undertake.
                 iv. A demonstration to Council and the community, through cost
                     benefit analysis, that there are net benefits to the Launceston
                     community through forming a regional water and sewerage
                     authority/corporation. This would include any compensatory
                     measures to affected Councils.
          4. That every effort is made to safeguard the interests of all employees
             currently providing Sewer and Water services for each of the
             Region’s Councils and for Esk Water.



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        5. That Launceston City Council generally accepts the 10 Point Agenda
           proposals outlined in the Hunter Water Discussion Paper of 10
           September 2007.

        6. That Launceston City Council, along with the other seven Councils of
           the Northern Region, lobbies the Federal Government for Capital
           Works funding for projects throughout Northern Tasmania.

          MOVED                                SECONDED
          FOR
          AGAINST

        Introduction

        The recommendations above and the following report have been
        agreed by the eight Northern General Managers as a realistic
        alternative for the delivery by Local Government of efficient and
        economic water and sewerage services for the Northern region.

        The Treasurer established a Ministerial Water and sewerage Taskforce in
        2006 with a specific objective of seeking ‘greater efficiency and improved
        pricing signals through structural reform’. The Taskforce released a
        Discussion paper in December 2007. Councils, LGAT and others gave
        responses to this Discussion Paper prior to the close of submissions on 23
        February. No formal information has been released by the Taskforce since
        that time.

        Council’s response was that Council is capable, willing and competent to
        deliver appropriate sewer and water services to its community.

        Consultants, Pitt and Sherry, were appointed by the Taskforce in early
        2007 and have collected information from all Councils. On numerous
        occasions since the close of submissions (one of those being the State
        Budget Briefing delivered by the Treasurer in Launceston on 9 May,
        2007), the Treasurer has advised that ‘no change’ is not an option.

        A sheet of paper listing 10 Principles for Water and Sewerage reform
        (prepared by the Taskforce, with Treasury’s support) was handed out to a
        LGAT meeting in August (refer Attachment 1). These principles were
        given media attention (i.e. in the public arena) on 18 September, 2007.
        They clearly indicate the Government’s intention to establish either a
        statewide or regional water corporation(s) by early 2009.

        Strategic Plan

        No specific reference.

        Statutory Requirements/Government Department

        There are no statutory requirements at this stage.



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        Community Consultation

        Not applicable.

        Annual Plan

        No financial implications at this stage.

        Liability Assessment

        Low

        Report

        1 CURRENT SITUATION

          The General Managers of the northern region Councils met in July to
          discuss the water reform situation, given the need to at least have a
          ‘fallback’ position to the status quo. This led to the development of a
          brief and Hunter Water Australia was appointed to investigate the
          structural options and the impact on Councils. Hunter Water Australia
          has experience in providing consulting advice regarding sewer and
          water provision issues throughout Australia and internationally.

          Hunter Water Australia visited the eight Councils in the northern
          region (Break O’Day, Dorset, Flinders Island, George Town,
          Launceston, Meander Valley, Northern Midlands and West Tamar) as
          well as Esk Water. Relevant information was also gathered.

          A workshop of General Managers of the northern Councils was held on
          Friday, 14 September to discuss a draft Discussion Paper written by
          Hunter Water Australia (Appendix 2). The meeting of General
          Managers agreed that a firm response was needed to ensure the best
          possible outcome for the Region. The background and content of this
          proposal was then presented to and discussed with the northern region
          Mayors who endorsed the approach being taken (subject to
          consideration by the respective Councils).

        2 PROPOSAL

          The proposal is that as the State Government maintains that “no
          change is not an option” then the next best structural model is a
          regional water corporation that is owned by local government. This
          model complies with the Treasury’s 10 ‘Principles for Water and
          Sewerage Reform’. In addition to these 10 Principles, it would be
          required that equivalent taxes paid by the regional water corporation
          are returned to the owners of the entity rather than the State
          Government.

          There is a much greater chance of receiving substantial water reform
          funding from the Federal Government if real structural change is seen
          to be taking place. A statewide arrangement is not acceptable as there
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          are numerous, costly, challenges outside the Northern Region, such as
          the need for water metering to the Greater Hobart Councils and serious
          problems encountered in a number of the southern growth Councils.
          The General Managers are gravely concerned that cross-subsidisation
          could occur from the Northern Region to other parts of the State under
          a state-wide arrangement. There is also more of an opportunity to
          return the benefits of any improvements or dividends to those who
          contributed (the consumers/ ratepayers) under a Regional, Local
          Government owned model.

          The meeting of General Managers and Mayors on 14 September 2007
          unanimously endorsed that the region makes a firm response to the
          State Government on this matter. The region must lead a set of
          consultations and investigation activities that now need to be
          undertaken on the details of the new regional water corporation. It is
          important that the details stack up for Councils, employees and the
          new entity.

          The agenda for the regional activities would cover:

             •   Consultation

             •   Priority project funding

             •   Financial modelling to: assess the impacts on each Council over
                 the next 10 to 20 years; investigate the compensation and
                 adjustment options for each Council; and assess the financial
                 viability of the new entity and provide pricing certainty for
                 consumers during the transition

             •   Development of an implementation timetable

             •   Undertaking a benefit-cost assessment

          The State Government has a key role to play in its regulatory
          capacity. It must focus on establishing modern, comprehensive and
          enabling legislation. This is a major task and will require considerable
          consultation. Included in the legislation to be prepared, there needs to
          be a clearly defined interface between Council responsibilities and
          those of the Regional entity (for example, in relation to planning
          referrals).

          Whilst these reforms are taking place, the region should not squander
          the opportunity to secure Federal grants for major capital projects
          already on each Council’s forward programs. The region should
          collectively pursue funds directly from the Australian Government
          on behalf of the Councils, as a top priority. Australian Government
          sources have indicated their desire to give funds direct to regions.
          Funding for $100M worth of projects is to be pursued as a matter of
          absolute urgency. Projects from every Council in the region will be
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          included on a list to be distributed as soon as it has been finalised.
          Australian and/or State Government funding is required to make the
          benefits of the new regional entity stack up for each Council and the
          region.

          Change creates uncertainty for all involved. All eight Councils saw the
          need for any changeover to occur quickly once it is commenced (early
          in 2009) rather than the proposal of up to 3 years suggested by the State
          Government.

          AGREED ACTIONS

          The actions from the meeting of General Managers and Mayors on 14
          September were:

                   i.   A common position paper (i.e. model Council report) to
                        go to all eight Councils for approval

                  ii.   Consultation to then occur with other regions

                 iii.   The regional position be conveyed to the State
                        Government

          At the same time, the Australian Government is to be lobbied for
          $100M of funding for identified regional projects on the basis of this
          reform.
          BUDGET & FINANCIAL ASPECTS:
          The proposed model is dependant on there being no financial
          detriment.


        Brian Inches
        General Manager

        Attachments:             20
                                 1.     Principles for Water and Sewerage
                                        Reform
                                 2.     Hunter Water Discussion Paper – 18th
                                        September, 2007




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007




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AGENDA COUNCIL MEETING, MONDAY 8 OCTOBER, 2007

Pursuant to Section 15(2)c of the Local Government (Meeting Procedures)
Regulations 2005 that Council move into Close Council.

17.0     CLOSED COUNCIL
17.1     SEWAGE CONTAMINATION RISK ASSESSMENT

17.2     WORKS WITHOUT A PERMIT




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