The almost unbelievable 14-year story around the Boulton family and the Huon Valley Council began in 2011 when Neville Boulton, Dover resident and business owner of NM & LM Boulton School Bus Service, phoned the Huon Valley Council about an annoying rooster that was crowing all day and night in the vicinity of their home in Dover.
What follows is an abridged chronology of the tragic events that have impacted their lives.
Neville Boulton is physically disabled following a motor vehicle accident in his younger years, while Lisa Boulton is medicated for stress, anxiety and depression following far too many years of unnecessary angst with the Huon Valley Council.
Neville Boulton was first interviewed by Andy Waterhouse on Huon and Kingston FM 14 July 2022, followed by a second interview 25 August 2022. Those who heard his live interview have said that Boulton did not hold back on his comments, and the disgust at how they had been treated by council and the many others who said they would pursue their case on their behalf.
Most unusually, the live interview never made it to a HuonFM podcast.
It was never put up online and the station told Boulton they had failed in their recording of the interview.
Another live interview with Waterhouse 11 July 2024 was this time recorded, and it did appear as an online podcast the following Monday 15 July 2024. It was available for some of the day before it was removed.
HuonFM removed the podcast stating they had received complaints about the interview.
On 16 July 2024 Waterhouse was suspended until the committee were able to review the interview and make a determination. This was never reviewed, there was never an outcome, and the podcast of Boulton’s interview never made it back online … until now.
“We are writing to inform you that the Association has received written and verbal complaints about the content of your program on Thursday 11th July 2024, particularly in regards to the interview with Neville Bolton. (sic) The complaint is serious in nature and may affect the station’s broadcasting license as it is alleged that there has been a breach of the Broadcasting Code of Practice.
“As per the Associations’ Complaints Policy the matter will be referred to the Committee for consideration at their next meeting scheduled for the first week of August. The Committee will notify you in writing when we require you to present your side of the issue.
“Due to the seriousness of the allegations the Committee has made the decision to suspend you as a presenter at Huon and Kingston FM until the investigation is completed. We will endeavour to have this investigation completed within 60 days.”
The matter of the crowing rooster continued for another 12 months until the Boultons ultimately provided council with a copy of the Environmental Management and Pollution Act 1994 with a reference to Section 20a.
Sometime soon after, a council officer contacted the Boultons about an unsafe bus stop in Arve Road Geeveston which the Boultons were accused of using.
As it transpired, they were not using the reported bus stop but another further up the road where there was ample space to park their buses.
Boulton then made contact with the then Department of Infrastructure, Energy and Resources (DIER) who subsequently contacted council regarding the issue. DIER subsequently advised Boulton that the Huon Valley Council had safety issues with three bus stops in Dover, Geeveston and Surges Bay, but not the one previously mentioned in Arve Road.
The three bus stops of apparent concern to council were also being used by the other Huon Valley bus operators. Boulton contacted all the other operators and none of them had heard anything from council about the bus stops being unsafe, and after getting back to DIER about this, Boulton heard no more from DIER or council.
March 2015 and the roosters were back.
In a meeting with then HVC General Manager Simone Watson, Mayor Peter Coad and a council officer to discuss council’s handling of complaints, bus stops were again mentioned by the officer along with the crowing rooster issue.
In mid-2015, the Minister for Planning and Local Government, Peter Gutwein MP, received a number of serious complaints from the Mayor and the majority of councillors of the Huon Valley Council, alleging breaches of the Local Government Act 1993 (the Act).
The complaints included allegations that significantly destructive behaviours were occurring within the council which were impacting its ability to govern and effectively perform its roles and functions. In the complainants’ views, these behaviours, if not dealt with, could lead to a completely dysfunctional council.
Given the serious and widespread nature of the complaints, on 8 September 2015 the Minister announced the establishment of a Board of Inquiry. Ultimately all councillors were dismissed and Adriana Taylor was appointed as a Commissioner, initially for 12 months then later extended a further 12 months.
The Boultons made contact with Commissioner Taylor and the new GM Emilio Reale about their issue, however, like all their contacts the Commissioner and Reale never sat down with them to discuss their issues.
In 2017 the Boultons put their property and bus business on the market. It was time to move on out of the Huon Valley.
TasWater wrote to the Boultons 8 March 2018 following a complaint about them putting waste in their sewerage; following an inspection they were cleared of any issues.
Next came a letter from council advising the Boultons that they were in breach of the planning scheme because they had two buses parked on their property. Their real estate agent advised 5 April 2018 that a council officer had contacted the agent to threaten that in selling the property together with the bus business they could be breaking the law and be in breach of planning legislation.
The fact the buses had been on this property for the past 20 plus years was of no interest to council with lawyers becoming involved in May, June and July.
Huon Valley Mayor Bec Enders sat at the Boulton’s kitchen table 10 November 2018 and looked through their extensive file of correspondence. Enders expressed concern at how the Boultons were being treated and said:
“that there are too many people on medication because of the way the Huon Valley Council has operated and that a council that she leads will be open, transparent and will communicate with business.”
Enders went on the say: “this is not a bus depot, and all you are doing is parking school buses on your own property. Council should be working with you, as what you are doing is getting the community’s children to their place of education in the newest and safest buses.”
“This is basically a community service and we as a council should embrace that,” she said.
Enders also had concerns about a council officer ringing the real estate agent and that she would arrange a meeting between herself, GM Emilio Reale and Boulton saying she didn’t want this matter to go to lawyers.
She walked around the property, took photos of where the buses were parked and said she would get back to them.
In an email from Enders 13 November 2018, she advised she was writing up her notes and would then request a response from the general manager and also set up the meeting with Reale, Deputy Mayor Sally Doyle, and Boulton. That meeting never eventuated.
Boulton made follow up contact with Enders 18 November 2018 to ask what was happening. Enders advised there was a meeting with the Director of Local Government the next day at 9am and was going to ask about council contacting the real estate agent and council not contacting the Boltons at the beginning of the whole matter.
The next day Enders phoned to advise she had spoken with Reale and he thought it had all been sorted, and that he knew nothing about a staffer ringing the real estate agent and that he would look into it and phone Boulton. That phone call never happened.
Enders phoned 21 November 2018 to advise the Boultons to move the buses, and that there was no more Council can do or will do, and that Reale thought it had finished because the complaints had stopped.
Boulton said to Enders: “so much for the council you lead ‘will be open and transparent and communicating with business’, and that you lied to us, you lied to the community, and this council is as bad and as corrupt as the one just sacked.”
Then followed a meeting 15 February 2019 with HVC Director Luke Chiu who advised council had looked at all options, had tried to solve the matter but council had done all they can do, all they would do and all that they want to do.
They were told to move the buses and that the Boultons could not sell or advertise the property and their bus business for sale together. When asked about council contacting the real estate agent and taking photos of their property, Chiu informed them that council ‘can do whatever they want to do’.
Meetings and correspondence throughout the next five years with Premier Gutwein, Minister Shelton, Minister Jaensch, (Labor MHA for Franklin) Rebecca White, the Ombudsman, Senator Eric Abetz, Matthew Healey (Director Local Government), Justin Helmich, Brendan Hoffman, MLC Bastian Seidel, Minister Nick Street, numerous lawyers, and The Mercury offered little solace other than a media article.
After engaging a lawyer and barrister, Boulton’s lawyer emailed them 3 December 2021, with a letter from the council confirming that they can park their buses on their property, and that they can sell their property with the bus business.
Four years on, four years of lost opportunity to sell their home and business together, and four years of considerable angst, distress and sickness and the Boultons thought it was all ready go again.
However, there was yet another issue.
Council would not grant a certificate of occupancy for a Parks Home unit also sitting on their property which was completed in 2008. Council advised they had no paperwork on file relating to an owner builder permit, building or plumbing permit for this dwelling.
Another 12 months, yet another lawyer, enter Minister Nic Street, Director Local Government Matthew Healy and an investigator from the Office of Local Government sit around the Boulton’s kitchen table.
Regulus Fogagnolo, an investigator with the Office of Local Government, is on the case and he spoke with Huon Valley Council.
Browne advised bus parking on the property is resolved. Council looking into the occupancy certificate and waiting on Boulton’s lawyer to forward them a form. Browne said he knew nothing about an officer calling their real estate agent. Before his time, he said.
The lawyer contacted council and all of a sudden, they were not waiting on a form, so Fogagnolo spoke with Council lawyer, Matthew Grimsey. Still getting nowhere, so he advised Boulton to make a complaint with the Integrity Commission.
The full file was delivered to the Integrity Commission 21 April 2023 and a response 4 May 2023 advised there is ‘nothing to see here’.
At a meeting in Hobart 15 May 2023 then Local Government Minister Street advised there is nothing they can do about council and the only option is to take the matter to court. Director of Local Government Matthew Healey via video link confirmed they cannot interfere in council business and that Fogagnolo will assist with obtaining copies of paperwork, allegedly misplaced by council, in order to obtain an occupancy certificate for the unit.
In June that year Boulton asked his plumber from 2008 to sort out paperwork. 20 June 2023 and an email from council with confirmation of the plumbing certificate but cannot get an occupancy certificate until a Building Surveyor signs off because council no longer had a surveyor on staff. Council also could not locate a copy of the truss design paperwork.
Boulton advised council he had a copy signed off by council in 2007, Grimsey wanted to know where he found that. Fogagnolo back on the case and Grimsey found a council copy of the paperwork which he stated was in a cross file.
To this day, the Boultons remain in limbo over the affairs of their property and their health has seriously deteriorated over the past 14 years.
The following earlier interview was recorded 14 July 2022.
Rod
October 25, 2024 at 09:58
I am wondering if somebody wants the school bus run – for themselves.
Suzy Bender
October 25, 2024 at 11:11
The trouble with this community, and the radio station that represents it and the local council, is that very few people are willing to stand up and fight for what is right, being content instead to be denied information that would give them a realistic viewpoint from which to judge the actions of their “elected representatives” and the council that is charged with the responsibility for their safety and well-being.
Geoffrey Swan
October 25, 2024 at 13:34
The Boultons are happy with their bus run, although I am sure, like with any business, that they would always be open to offers.
This is a story of their hardship with the Huon Valley Council in regard to their school bus business.
Sue Carlyon
October 25, 2024 at 22:23
How sad it is that a beautiful region such as the Huon Valley is being hindered in its social and relational progress by dysfunctional and toxic relationships within the community.
The Boultons are obviously strong and honourable people, and they deserve all the help they can get. God bless them.