This is an updated version of this article. It has been edited to reflect the position of Grant Kearney regarding the Blue Derby Foundation. His unedited response is also included at the bottom of the article and we thank him for his clarifications.
There has been a call for an immediate Board of Inquiry into the Dorset Council following a litany of issues besetting the Council.
The latest management debacle within the Dorset Council is their construction of a new works depot which has been illegally built on a mining lease on Crown land without the consent of Parks and Wildlife Services.
“Cease Work and Vacate,” wrote the General Manager Parks and Wildlife, Jason Jacobi to the General Manager Dorset Council, Tim Watson, in a letter 29 May 2020 with respect to the recently built Council Works Depot.
“This continued disregard for my direction is deeply concerning, and I am uncertain how much clearer I need to be to ensure that this unauthorised access and use stops.
This matter is serious as the depot has been constructed without building and planning approvals or any authorisation by the State.”
This is not the first time Jacobi issued such demands. He also corresponded with Watson on 26 March, 9 April and 5 May each time advising Council of their illegal infrastructure works and to vacate the site.
Watson completely ignored the demands of the state government authority and it appears brazenly continued with the construction.
Watson wrote to Jacobi 27 March, 2020: “My understanding is that the mining lease has no practical implications because the sand resource is some distance away so there is no risk that the leasee (sic) would ever want to extract resource where the Council building(s) have encroached into the mining lease.”
The new Dorset Council Works Depot illegally built on a mining lease at the Briseis Hole.
On 8 April 2020, Director of Mines, Kevin Robinson provided Jacobi with photographs from the site showing a discharge pipe, a potential waste pond on the mine lease, new fence and cementing, buildings and a mess around the shed on the mine lease .
The following day Jacobi emailed Watson with a copy of the identification survey showing the extent of works that had been developed in the mining lease straying 30 square metres beyond the boundary.
Watson replied some 20 minutes later: “Not an ideal situation but one I hope can be resolved with some common sense in the context of the size of the mining lease. I will respond formally to your letter next week as I am only just finding out what transpired to get us into this position. Have a good Easter.”
Attempts by Councillors and members of the community wanting more detail around the depot at the Ordinary Meetings of Council in June, July and August all failed. It has since been reported that the survey pegs had been shifted during the time of the illegal construction.
Mayor Greg Howard has been dismissive of this issue, claiming to be unaware of this ongoing situation. This is despite the discussions within Council going back to September 2019, or possibly even earlier, about the relocation of their existing depot to the Briseis Hole former mine site.
Management Team: John Marik, Director – Corporate Services; Rohan Willis, Director – Community & Development; Dwaine Griffin, Director – Works & Infrastructure); Tim Watson, General Manager.
A public question was raised at the 29 June 2020 meeting of Council: “Did the Council management knowingly proceed to build the new Derby depot on Crown land without approval, and on what date did the Mayor become aware of this?”
Howard said: “Yes, but there are significant extenuating circumstances regarding that decision. I became aware on the 8th June 2020.”
What those extenuating circumstances are is unclear. When Tasmanian Times asked Howard a series of questions derived from a 200 page Right to Information document which was released to former Councillor Lawrence Archer 29 July 2020, Howard suggested the information in the RTI is wrong.
“It only shows one side of the story. It does not show all the conversations and phone calls we have had over this matter.”
“I have nothing more to say,” said Howard.
Resident and long time observer of the Dorset Council issues, Michael Powell, advised TT: “The GM’s level of arrogant contempt is clear, so far from a simple blunder over construction of a new facility it becomes reasonable to suspect that Council’s actions were conscious and deliberate. As well as incompetent.”
“And this leaves the Solicitor-General with little choice but to thoroughly investigate and bring an end to this pattern of belligerent and unnecessary confrontation.”
Powell went on to say: “The GM, Mr Tim Watson began his career as a travelling salesman for an oil company and, to his credit, he has risen beyond his origins, however it is obvious his judgement is seriously deficient and that he has been elevated beyond his level of ability.
A culture of contempt pervades Dorset. Ratepayers with complaints are dismissed and even abused. Councillors who disagree are bullied and harassed.
So, the extraordinary saga of Dorset Council’s building blunder is only the tip of the iceberg.”
The depot site at Briseis Hole is for now enclosed with a fence and a locked gate. Council are back operating from their former site pending ongoing legal developments. The Solicitor-General in this past week stepped in to investigate.
TT has spoken with a number of people in the local community around this fiasco and the expressed view is that Howard would have been very aware of the status of the illegal depot because Howard and Watson are well known to work ‘hand in glove’ in the operational matters of Council.
“The Solicitor-General’s intervention in the Dorset Council’s illegal construction on Crown land is an extraordinary escalation of a serious dispute which could result in severe legal sanction and substantial fines. And yet the gravity of the issue seems to escape the Mayor, Greg Howard, the General Manager, Tim Watson and most of the Councillors who are ultimately responsible for Council’s decisions,” commented Powell.
Howard is also the President of the Scottsdale Liberal Party branch and there is a view expressed that he and Watson will be calling in political favours to make this problem go away.
Has the former works depot site been gifted to a private interest, will it be leased or will it be sold?
There are questions being raised around the former depot site and its future use, estimated to have a land value of at least one million dollars in the current property market.
The Blue Derby Foundation Limited is a not for profit company which was registered in February 2020 to Office Holders and Directors Grant Kearney, John Marik the Dorset Council Director Corporate Services, and John Brakey from the Weldborough Hotel.
The driving force behind this is Kearney, a North Hobart based Airbnb owner of North Hobart Apartments who owns the post office in Derby now called The Postmasters; and more recently a block of land on which to build a commercial space and permanent accommodation in the area.
TT spoke with a local member of the community who asked not to be named for fear of retribution.
“This same parcel of land had previously been floated by the Mayor as being of interest to the Federal Group to purchase and build a hotel,” the source said. “On talking with folks who have connections to Federal there was never any interest by Federal for such options.”
“It was a kite flying exercise to stir up local fears of sell offs, which has allowed this Council and the Foundation to get traction as the way to keep this land in ‘community hands’ rather than being sold off.”
“People are not realising Council has responsibility to manage this land on behalf of ratepayers, and don’t need a company limited by guarantee to do it for them; while raising funds for Council to maintain the trails they have built with grants.”
The Current Dorset Works Depot perhaps destined to be a Site for The Blue Derby Foundation Ltd
Taken from a presentation provided by Kearney in October 2019; the Trust (now Foundation), was originally conceived in response to concerns that the old council depot may be sold off to private developers resulting in development that might not be in the township’s best interests.
Kearney went on to explain the expected process around the utilisation of the current Depot site:
- Land to be zoned and titled so that it can only be used for agreed purposes, and transferred to Trust
- Council lends, or guarantees, 3 year development loan secured against the land
- The land is to be used by the Trust for the benefit of the Derby community (may revert to Council should Trust breach)
- Portions of commercial and/or accommodation may/may not be sold or leased according to business plan
The registered address of the Blue Derby Foundation Limited is the Council office in Ellenor Street, Scottsdale.
Loans, debts, expenses and financial risk around the May Shaw Nursing Home
There are ongoing questions around the proposed $2.5 million loans being provided to the May Shaw, Aminya Nursing home in Scottsdale repayable over 10 years, and questions around the security of the loan in these changing times.
In response to a public question in December 2019, Watson said: “Information relating to the total operating expenses is commercial in confidence and therefore it is inappropriate for Council to release such information.”
The responses so far from Council management around this matter have been both guarded and defensive as evidenced in the Minutes and audio recordings.
Lawrence Archer, a former Councillor of four years, is another local ratepayer very concerned about the ongoing machinations of the Dorset Council.
His regular questions on matters of Council at public question time appear to be summarily dismissed and the tone that is evident on listening to the audio recordings is nothing short of terse, if not outright rude; perhaps this is because Archer previously lodged a Code of Conduct complaint against Mayor Howard back in November 2019.
Code of Conduct Complaints at Dorset Council
Howard has been the subject of five complaints since 2016; three were dismissed, one was upheld, and one was upheld but overturned on appeal when Howard took it to the Magistrates Court.
In total, Howard and his fellow Councillors at Dorset has been the subject of 12 investigated complaints with six of those being dismissed. Howard is on the public record calling for the Code of Conduct process to be overturned and even going so far as to suggest members of the Code of Conduct Panel themselves to be biased against certain Councillors, dishonest, and prepared to collude with complainants and witnesses.
When TT asked Howard for his views on the Code of Conduct process he replied:
“The whole system is an absolute shit show.”
Call for a Board of Inquiry into Dorset Council
Archer wrote to Minister Shelton 4 August 2020 calling for a local government board of review into the conduct of the Dorset Council, without delay.
The key items Archer raised include:
- the illegal Derby depot constructed a building on Crown land without Crown Land Services’ permission.
- breaching of workplace health and safety regulations
- occupying a building without proper approval or certificate of occupancy.
- works undertaken encroaching on a private mining lease and carried out works without lawful permission.
- the ratepayer funded loans to May Shaw, a private aged care provider in the municipality, to include paying $900,000 to cover losses incurred over 3 years.
Archer also wrote:
“Compared to Tasmanian councils of a similar size, Dorset has the highest paid General Manager and besides receiving substantial annual salary increases he has been granted large performance bonuses over many years.”
“The administration of Dorset Council has deteriorated to such a point that these matters should no longer be swept under the carpet and ignored.”
Tasmania’s North East Railway Corridor Legislative Council Inquiry
The final report from Legislative Council Inquiry into the north-east railway corridor was tabled on the 15 October 2019. The Inquiry was established around the community concerns surrounding both the rail trail and tourist rail proposals.
In Parliament Ivan Dean went to great length to express his disappointment towards Mayor Greg Howard, the general manager Tim Watson and the Dorset Council in relation to the handling of the north-east rail corridor.
2018-2022. Council Rear: Cr Jerrod Nichols, Cr Jan Hughes, Cr Murray Lade, Cr Leonie Stein, Cr Mervyn Chilcott Front: Cr Edwina Powell, Deputy Mayor Dale Jessup, Mayor Greg Howard, Cr Wendy McLennan
Among other comments in relation to this matter he stated: “It is a real shame it started off the way it did. I think the Mayor has to accept a lot of responsibility for that, as does the General Manager. Very clearly a wedge was driven between the groups right from the beginning of this whole thing. That wedge was widening the groups and causing friction.”
Dean continued, “We have the Mayor, with the greatest respect, making comments that were not helpful to try to bring this matter to a conclusion.”
Tasmanian Times spoke with a Dorset Councillor who felt the Council does cater to their wider Council area, noting that prior to COVID they moved their monthly meetings around from Scottsdale to Ringarooma, Gladstone and Bridport.
The Councillor mentioned these are often well-attended compared to the few who attend the Scottsdale meeting, but the questions are most often limited to concerns about potholes and garbage collection. It was also pointed out that in these small rural areas everyone knows everyone and there is a very real fear of speaking out.
This Councillor’s view was that the community believe Council is “doing some good stuff, is economical and generous with the fees and charges, however, there is also the feeling that ratepayers are not respected, and because of this attitude they are discouraged from speaking up.”
“The same could be said for the Council employees down from the Directors. Councillors are also intimidated by the Mayor and the General Manager at meetings and as a result the public meetings are very short and asking questions has become difficult.”
“There is so much work needed in correctly phrasing the questions so as to not just get a simple yes or no response,” said the Councillor.
Right to Information on Dorset Council Works Depot
The Blue Derby Foundation Limited
Letter (Email) From Mr Grant Kearney, 15.43, 26 August 2020 published unedited
Dear Sir/Madam
I refer to Geoffrey Swan’s article re Council Depot posted August 25 2020 in which he references the Blue Derby Foundation and myself, Grant Kearney.
I do not refer to any other matters in your article nor do I have any interest in doing so.
My wife Luise and I have found the totally inaccurate references to the Blue Derby Foundation and to myself and the attempted inferences drawn from them in your article deeply distressing.
It is not just that it is factually inaccurate but it seeks to make hurtful and defamatory inferences.
Your use of an unnamed source to slur our personal integrity is simply shameful.
A phone call prior to publishing such twisted misrepresentations of reality from your ‘source’ could have avoided causing Luise and I such personal distress.
For the record:
- The old depot site has NOT been gifted to the Blue Derby Foundation.
- The Foundation was NOT instigated by Council; it was my idea with the support of locals and we then persuaded Council to support its establishment.
- The Foundation WAS registered as a non-profit with ASIC on 26th February 2020 as noted but only after a period of wide public consultation commencing July 2019 and concluding with a Town Hall public meeting on 3rd October 2019, at which the large number of attendees supported its registration by overwhelming acclamation.
- It WAS registered as public charity with the Australian Charities and Not-for-profits Commission on 5th March 2020.
- The Foundation’s constitution provides for up to 9 directors but as you should know in order to register such a legal entity a minimum of three directors must register on establishment and their appointment terms are limited. Elections for the the other directors are to follow within a reasonable period after a public call for membership of the Foundation.
- Of course, the Foundation has a registered office with Council, simply as administrative support until members can decide how and where they would seek it operate and be located.
- The Foundation is NOT a front for Council or anyone’s private business activities and the imputations of your source and your article are totally immoral and slanderous in the least. Its charitable powers and objects are clear:
Enhancing the township of Derby, Tasmania by:
- a) undertaking such activities as it sees fit to raise funds towards the provision of recreational, cultural and community facilities within Derby and surrounds;
- b) promoting and preserving the unique culture, history and environment of Derby, established around the Blue Derby Trails and mountain biking more generally;
c) encouraging and supporting the economic and social development of Derby and surrounds through the establishment and maintenance of sufficient infrastructure and facilities to support the Industry built around the Blue Derby Trails.
Advancing industry associated with the Blue Derby Trails (“the Industry”) in Derby and surrounds by:
- a) promoting, developing and providing for the ongoing maintenance of the local recreational biking trails known as the Blue Derby Trails;
- b) conducting and publishing research into improvements to the processes used in the Industry;
- c) working with government at all levels to ensure that the interests of the Industry are represented in public decision-making processes;
- d) providing a forum for all people engaged in the Industry, and the local communities affected to discuss best practice and enhancing the future of the Industry whilst ensuring ongoing benefits to the communities of Derby and surrounds;
- e) holding community events such as festivals, fairs, training seminars, workshops and other events to promote the value of the Industry to the community.
- Yes, a first task (among many) of the Foundation is to seek community ideas on how to best protect and develop the old depot site for the benefit of the township of Derby. Ideas include affordable housing for local workers, communal market space and commercial space for local entrepreneurs, public toilets, car parking, a children’s playground and a village green area with performance space.
- Yes, I do own commercial property in Hobart.
- Yes, my wife and I did purchase the Postmaster’s three years ago and we (along with most people you might speak with) are enormously proud of how we have restored and saved the property from which Tasmania’s longest continually operating Post Office still operates today.
- Yes, we have purchased a block of land in Derby BUT:
- we purchased it in order to provide the village with commercial space and PERMANENT homes, both of which are critical to its future.
Finally, Luise and I came to Derby because we love the natural beauty of this part of world, and we have come to admire and respect the people of the area.. We have life experiences and resources and we are at an age where we are feel fortunate to give, not take. We have been pleased to provide local employment and develop deep friendships; we donate to the local football club, sponsor the maintenance of the local trails and we have recently funded an international folk concert at the Derby Town Hall as part of the Festival of Small Halls.
Your article has been caused us deep emotional stress, not to mention loss of reputation with our peers, family and community.
A PROMPT prominently published apology is respectfully requested in the first instance and ultimately demanded.
We reserve all other rights with respect to slander and defamation in this regard.
Meanwhile, should you wish to publish facts rather than malicious gossip you have our phone number.
Yours Sincerely
Grant Kearney.
Response (email) to Mr Kearney, 12.43pm, 27 August 2020
Dear Mr Kearney,
Thank you for your concerns and the information provided.
We make the following points in response:
– the article has been modified to incorporate what you have stated as your position;
– your email has been added unedited to the bottom of the article;
– a sentence at the top of the article explains that the article has been edited from the original, and also directs readers to your comments at the bottom;
– these actions have been taken as promptly as possible given the voluntary nature of our work;
– we do not accept that the original was ‘slanderous and defamatory’;
– we do not accept that the original was ‘factually inaccurate’;
– we do not accept that the original made ‘hurtful and defamatory inferences’;
– we thank you for acknowledging that the article was principally not about you nor the Blue Derby Foundation;
– we accept that you are upset, however the emotional states of readers are beyond our control. We do not wish distress upon anyone, therefore we do unreservedly apologise to you;
– information from our sources was provided in writing. It is clear from the article why they wished anonymity as a perceived culture of intimidation around council-related issues is the subject matter of the article;
– in the interests of fairness and openness, this reply to you is also published;
– we thank you for contributing to open debate in the independent media of Tasmania and hope that you will continue to support freedom of expression in the interest of healthy democracy and society;
– we wish you the best with your various ventures.
Tasmanian Times
August 27, 2020 at 22:36
That’s a very understandable letter from Mr Kearney.
From his interesting comments I think people would wish to distance themselves from the Dorset Council.