NOTIICE OF MEE ETING hereby giv ven that an n Ordinary y Councill meeting of the Devvonport City Councill Notice is h will be held in the e Council Chamberrs, 44-48 Best B Streett, Devonp ort, on Monday M 23 3 Novembe er 2015, commencing g at 6:30pm m. he public a at 6:30pm. The meetiing will be open to th QUA ALIFIED PERS SONS In accord dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.
Paul Westt GENERAL MANAGER R mber 2015 18 Novem
AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 23 NOVEMBER 2015 AT THE COUNCIL CHAMBERS AT 6:30PM Item
Page No.
1.0
APOLOGIES ............................................................................................... 1
2.0
DECLARATIONS OF INTEREST ........................................................................ 1
3.0 3.1
PROCEDURAL............................................................................................. 2 CONFIRMATION OF MINUTES .................................................................................. 2
3.1.1
Council meeting - 26 October 2015............................................................................................. 2
3.2
PUBLIC QUESTION TIME ...................................................................................................................... 3
3.2.1
Responses to questions raised at prior meetings ....................................................................... 4
3.2.2
Questions on notice from the public ........................................................................................... 4
3.2.3
Question without notice from the public .................................................................................... 4
3.3
QUESTIONS ON NOTICE FROM ALDERMEN .............................................................................................. 4
4.0
PLANNING AUTHORITY MATTERS .................................................................. 5
5.0
REPORTS .................................................................................................. 6
5.1
Unconfirmed Minutes of Meeting - Audit Panel - 9 November 2015 (D391867) .................. 6
5.2
Minutes - Annual General Meeting - 28 October 2015 (D392402) ....................................... 12
5.3
Land at 260 Steele Street, Devonport - Community Storage (D387143) ............................. 17
5.4
Quotations for Contract 1301 Temporary Council Office Relocation (D391810) .............. 20
5.5
Charter of Recognition for constitutional changes - RECOGNISE Tasmania (D393373) ........................................................................................................................................ 23
5.6
Tiagarra (D393399) ........................................................................................................................ 26
5.7
Request for use of grassed area and extension of licensed area - Drift Cafe, Bluff precinct (D393403) ........................................................................................................................ 35
5.8
Harbourmaster's Cafe (D393505)................................................................................................ 42
5.9
Pandemonium - Transfer of Assets (D393774)........................................................................... 56
5.10
Australian Masters Games (D393923) ........................................................................................ 58
5.11
LIVING CITY Reference Group Minutes (D394253)................................................................... 62
5.12
Financial Assistance Working Group Recommendation (D394480) .................................... 66
6.0
INFORMATION ......................................................................................... 68
6.1
General Manager's Report - November 2015 (D372082) ....................................................... 68
6.2
Mayor's Monthly Report (D392533)............................................................................................. 77
6.3
Workshop and Briefing Sessions held since the last Council meeting (D392710)............... 83
7.0
SECTION 23 COMMITTEES ......................................................................... 84
7.1
Governance and Finance Committee Meeting - 16 November 2015 (D394403)............. 84
8.0
CLOSED SESSION - CONFIDENTIAL MATTERS ................................................ 88 Out Of Closed Session .................................................................................. 89
9.0
CLOSURE ................................................................................................ 89
PAGE 1 Council meeting Agenda 23 November 2015
Agenda of an ordinary meeting of the Devonport City Council to be held at the Council Chambers, Fenton Way, Devonport on Monday, 23 November 2015 commencing at 6:30pm. PRESENT Present Chair
Apology
Ald S L Martin (Mayor) Ald A L Rockliff (Deputy Mayor) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald J F Matthews Ald L M Perry
IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. Members of the public in attendance at the meeting who do not wish for their words to be recorded and/or published on the website, should contact a relevant Council Officer and advise of their wishes prior to the start of the meeting.
1.0
APOLOGIES
2.0
DECLARATIONS OF INTEREST
PAGE 2 Council meeting Agenda 23 November 2015
3.0
PROCEDURAL
3.1
CONFIRMATION OF MINUTES
3.1.1 COUNCIL MEETING - 26 OCTOBER 2015 RECOMMENDATION That the minutes of the Council meeting held on 26 October 2015 as circulated be confirmed.
PAGE 3 Council meeting Agenda 23 November 2015
3.2
PUBLIC QUESTION TIME
Members of the public are invited to ask questions in accordance with the following resolution of Council (Min Ref 5824): 1.
Public participation shall take place at Council meetings in accordance with Regulation 31 of the Local Government (meeting Procedures) Regulations 2005.
2.
Public participation will be the first agenda item following the formal motions regarding Leave of Absence, Apologies, Minutes and Declarations of Interest.
3.
A maximum period of time of 30 minutes in total will be allowed for public participation.
4.
A maximum period of time of 3 minutes will be allowed for each individual.
5.
A member of the public may give written notice to the General Manager 7 days before an ordinary meeting of Council of a question to be asked at that meeting.
6.
A member of the public will be entitled to ask questions relating to the activities of Council, giving an explanation that is necessary to give background to the question and ask supplementary or follow up questions relating to that specific matter that may come to light as a result of the answer.
7.
Questions do not have to be lodged prior to the meeting, whether verbal or in writing. If a verbal response cannot be given or if specifically a written response is required, the question must be reduced to writing and be submitted to the Chairperson prior to the end of the public section of the meeting.
8.
A question by any member of the public and an answer to that question are not to be debated.
9.
The Chairperson may a.
Address questions on notice submitted by members of the public;
b.
Refuse to accept a question.
10.
If the Chairperson refuses to accept a question, the Chairperson is to give reason for doing so.
11.
Verbal questions and the fact that a verbal response was supplied will be recorded in the minutes and where a written question is submitted the written question will be included in the minutes as well as any written answer or summary of that answer to that question.
12.
Council will continue its current practice of receiving deputations from organisations and individuals who wish to make submissions to Council at informal workshop sessions held between Council meetings. The date and purpose of any workshop sessions will be listed in the next agenda. Where necessary, reports of those deputations will be included in future agendas for Council to make a decision.
PAGE 4 Council meeting Agenda 23 November 2015
3.2.1
Responses to questions raised at prior meetings There were no questions from the October Council meeting that required a written response.
RECOMMENDATION There were no questions from the October Council meeting that required a written response. 3.2.2
Questions on notice from the public At the time of compilation of the agenda no questions on notice from the public were received.
3.2.3
Question without notice from the public
3.3
QUESTIONS ON NOTICE FROM ALDERMEN
At the time of compilation of the agenda no questions on notice from Aldermen were received.
PAGE 5 Council meeting Agenda 23 November 2015
4.0
PLANNING AUTHORITY MATTERS There are no items in this agenda to be considered by Council in its capacity as a Planning Authority.
ITEM 4.0
PAGE 6 Report to Council meeting on 23 November 2015
5.0
REPORTS
5.1
UNCONFIRMED MINUTES OF MEETING - AUDIT PANEL - 9 NOVEMBER 2015 File: 30196 D391867
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.6.4
Provide internal and external audit functions to review Council's performance, risk management, financial governance and reporting
SUMMARY To report the unconfirmed minutes of the Audit Panel meeting held on 9 November 2015.
BACKGROUND The Audit Panel is in place to assist Council in fulfilling its oversight responsibilities by providing independent advice and assurance in regard to the Council’s financial management, risk management, internal control and compliance framework. In late 2014, Council determined to establish a shared Audit Panel arrangement with Central Coast Council. The Audit Panel of each Council comprises two elected members and two independent members. The independent members are appointed jointly by both Councils to be shared between each Council’s Audit Panel. As part of the transition to a joint Audit Panel, current member Ken Clarke’s existing three year term on the Devonport City Council Audit Panel will be honoured until its expiry scheduled for July 2016.
STATUTORY REQUIREMENTS All Councils must have Audit Panels that operate in accordance with Part 8 of Division 4 of the Local Government Act 1993 (the Act) and the Local Government (Audit Panels) Order 2014.
DISCUSSION The unconfirmed minutes of the Audit Panel meeting held on 9 November 2015 are attached for Aldermen’s information. These minutes are for the joint meeting of the two Audit Panels and for the Devonport City Council specific section. Items of note from the combined meeting include:
Asset Management Overview was presented by both Councils.
Each Council outlined their Purchasing and Procurement Policy and Code for Tenders and Contracts.
An evaluation process was determined for the Audit Panel
The Devonport City Council Audit Panel discussed the following:
The Financial performance report year ending 30 September was noted by the panel.
ITEM 5.1
PAGE 7 Report to Council meeting on 23 November 2015
An overview of the Annual General Meeting and Annual Report was noted by the group.
The Business Planning Framework was presented to the group.
A presentation on LIVING CITY was provided
COMMUNITY ENGAGEMENT There was no community engagement undertaken as a result of this report.
FINANCIAL IMPLICATIONS There are no financial implications as a result of this report.
RISK IMPLICATIONS
Risk Management Practices The Audit Panel plays a key oversight role in Council’s Risk Management activities providing elected members with an extra level of comfort that the systems in place are adequate. Within its charter, the primary objectives of the Audit Panel are to consider whether:
the annual financial statements of the Council accurately represent the state of affairs of the Council; the Strategic Plan, Annual Plan, long-term financial management plan and long-term strategic asset management plans of the Council are integrated and the processes by which, and assumptions under which, those plans were prepared are sound and justified; the accounting, internal control, anti-fraud, anti-corruption and risk management policies, systems and controls that the Council has in relation to safeguarding its long-term financial position are appropriate; the Council is complying with the provisions of the Act and any other relevant legislation; all strategic and business risks affecting the Council are identified and assessed, and the effectiveness of mitigation controls evaluated; and the Council has taken any action in relation to previous recommendations provided by the Audit Panel to the Council.
CONCLUSION The information contained in the report and the minutes of the Audit Panel meeting held on 9 November are presented to the Aldermen as per the recommendation below.
ATTACHMENTS 1.
Shared Audit Panel Minutes
RECOMMENDATION That the unconfirmed minutes of the Audit Panel meeting held on 9 November 2015 be received and noted. Author: Position:
Nikita Hillier Corporate & Business Administration Officer
Endorsed By: Position:
ITEM 5.1
Kym Peebles Executive Manager Performance
Organisational
PAGE 8 Shared S Audit Panel Minute es
ATTTACHMENT [1 1]
ITEM 5.1
PAGE 9 Shared S Audit Panel Minute es
ATTTACHMENT [1 1]
ITEM 5.1
PAGE 10 Shared S Audit Panel Minute es
ATTTACHMENT [1 1]
ITEM 5.1
PAGE 11 Shared S Audit Panel Minute es
ATTTACHMENT [1 1]
ITEM 5.1
PAGE 12 Report to Council meeting on 23 November 2015
5.2
MINUTES - ANNUAL GENERAL MEETING - 28 OCTOBER 2015 File: 27391 D392402
RELEVANT PORTFOLIO General Manager RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.4.1
Provide timely, efficient, consistent and quality services which are aligned with and meet our customers needs
SUMMARY To provide Council with the unconfirmed minutes from the Annual General Meeting (AGM) held on 28 October 2015.
STATUTORY REQUIREMENTS The requirement for Council to prepare an Annual Report and to conduct an Annual General Meeting is prescribed under the Local Government Act 1993. In accordance with Section 72(2)(d) and (3) of the Act, Council placed advertisements in the Advocate on 30 September and 7 October 2015 notifying of the conduct of the AGM on Wednesday 28 October 2015 and inviting submissions from the community on the Annual Report. Council is required under the Act to consider any motions passed at the AGM at its next available meeting.
DISCUSSION Council received two (2) submissions on its Annual Report, one from Mr Douglas Janney and the other from Mr Allan Carey. Responses to both submissions were included in the agenda for the AGM. At the AGM two motions were moved and recorded in the minutes. In relation to the motion which was carried, the following is provided: 5.2
ANNUAL LUNCHEON FOR 50+ YEAR RATEPAYERS - MR D JANNEY RESOLUTION MOVED:
D Janney
SECONDED:
B Vellacott
That Council recognise the long term ratepayers (50 years +) of the community with an annual luncheon. CARRIED The intent of this motion would potentially have a number of impacts for Council from both a financial and operational perspective. A review of the rates information available on Council’s database has revealed it is virtually impossible to obtain a list of ratepayers of 50 years plus as current records do not provide this information. A way around not knowing the length of time that people have been ratepayers could be resolved by Council advertising for individuals to register their name if they have paid rates in Devonport for 50+ years. ITEM 5.2
PAGE 13 Report to Council meeting on 23 November 2015
Events are held throughout Seniors Week (October) and if proceeded with, a luncheon could be held in conjunction with other events being coordinated at this time of the year.
COMMUNITY ENGAGEMENT The Council’s AGM is an opportunity for the community to be engaged. Five (5) members of the public attended the meeting which has resulted in one (1) motion being carried and referred to Council for consideration. Methods of engaging with the community, in order to determine interest in a luncheon for ratepayers of 50 years plus, will need to be considered.
FINANCIAL IMPLICATIONS Council would need to make a budget allocation in the 2016/17 budget for the luncheon. Without knowing the amount of people who may fit in to the category of ratepayers of 50 years plus, it is hard to estimate what the cost to Council will be. As a guide, it would be estimated that a luncheon would cost between $30-$50 per head.
CONCLUSION This report includes the minutes of the AGM and details the motion which was passed at the meeting for Council consideration. If Council does not support the recommendation provided an alternative could be: That Council: (1)
accept the minutes of the Annual General Meeting held on Wednesday 28 October 2015;
(2)
in relation to the motion passed at the Annual General Meeting, that Council determine that due to the difficulty in ascertaining eligible ratepayers that no further action be taken at this time.
ATTACHMENTS 1.
Minutes - Annual General Meeting - October 28, 2015
RECOMMENDATION That Council: 1.
accept the minutes of the Annual General Meeting held on Wednesday 28 October 2015;
2.
in relation to the motion passed at the Annual General Meeting, that Council advertise to seek expressions of interest from those ratepayers who have paid rates for 50 years plus to ascertain whether there is sufficient interest in such an event being organised.
Endorsed By: Position:
Paul West General Manager
ITEM 5.2
PAGE 14 Minutes - Annual General Meeting - October 28, 2015
ATTACHMENT [1]
MINUTES OF THE TWENTY-FIRST ANNUAL GENERAL MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, 28 OCTOBER 2015 COMMENCING AT 6:00PM PRESENT:
Ald S L Martin (Mayor) Ald A L Rockliff (Deputy Mayor) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald J F Matthews Ald L M Perry
Council Officers: General Manager, P West Deputy General Manager, M Atkins Executive Manager Corporate and Business, S Crawford Executive Manager Organisational Performance, K Peebles Governance Coordinator, K Hampton Governance Officer, C Jordan Development Manager, B May Infrastructure and Works Manager, K Lunson Cultural and Community Development Manager, B de Jong Media & Communications Officer, K Moore Marketing Tourism and Recreation Manager, S Jones Public:
Robert B Vellacott Doug Janney Ken Overton Rodney Russell Trevor Smith
Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. 1.0
APOLOGIES Nil
2.0
CONFIRMATION OF MINUTES 2.0.1
ANNUAL GENERAL MEETING - 13 OCTOBER 2014 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Jarman
That the minutes of the Annual General Meeting held on 13 October 2014 as circulated be confirmed. ITEM 5.2
PAGE 15 Minutes - Annual General Meeting - October 28, 2015
For
Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
ATTACHMENT [1]
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY
3.0 RECEIPT OF ANNUAL REPORT 3.1
ANNUAL REPORT 2015 (D389738) RESOLUTION MOVED: SECONDED:
Ald Keay Ald Matthews
That the 2015 Devonport City Council Annual Report be received and adopted. Ald Martin Ald Emmerton Ald Goodwin Ald Jarman Ald Keay
For
Against Ald Laycock Ald Matthews Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 4.0
PUBLIC QUESTIONS/COMMENTS DOUGLAS JANNEY - 23 WATKINSON STREET, DEVONPORT Q1
Annual Report Document The Organisation Structure chart on Page 13 has circumferential print that is unacceptably small. If it is to be printed then the item needs to be readable. Print height ought to be 2mm minimum. What say you?
Response The Mayor advised that the comments would be taken on notice and addressed during preparation of next year’s Annual Report. Q2
I note Council’s financial statements are audited by the Tasmanian Audit Office. Council also has an Audit Panel and that you are commencing internal audits in 2016. Can you please explain the difference between the three audits?
Response The General Manager responded with an outline of the three audit types. ROBERT B VELLACOTT - 11 COCKER PLACE, DEVONPORT Firstly Mayor and Aldermen (and staff). Thank you for keeping our Council free from the stigma of Political Party dominance and interference, having witnessed this manner of politics in other Councils. ITEM 5.2
PAGE 16 Minutes - Annual General Meeting - October 28, 2015
ATTACHMENT [1]
I note Mayor and Aldermen in the Advocate 22 October 2015 that there is a motion on the Local Government Association Agenda for banning political party donations to their endorsed Council candidates. Q1
Will Devonport City Council representatives be requested to vote in support of that particular motion?
Response The Mayor responded the item on the LGAT agenda is not a formal motion, but a discussion item. A subsequent report will be provided to Council. 5.0
MOTIONS FROM THE FLOOR 5.1
CONCERNS RELATING TO OUTLAW MOTORCYCLE GANGS - MR B VELLACOTT RESOLUTION MOVED: SECONDED:
B Vellacott D Janney
That this meeting request the Mayor and Aldermen to express in the strongest possible terms to the Government our concerns regarding the Outlaw Motorcycle gangs from interstate entry into Tasmania and request legislation to be enacted to prevent events such as this in the future. The motion was put and LOST. 5.2
ANNUAL LUNCHEON FOR 50+ YEAR RATEPAYERS - MR D JANNEY RESOLUTION MOVED: SECONDED:
D Janney B Vellacott
That Council recognise the long term ratepayers (50 years +) of the community with an annual luncheon. CARRIED There being no further business the Mayor declared the meeting closed at 6:31pm. Confirmed
Chairman
ITEM 5.2
PAGE 17 uncil meeting on o 23 Novemb ber 2015 Report to Cou
5.3
LA AND AT 260 2 STEELE STREETT, DEVON NPORT - COMMU UNITY STO ORAGE File: 10290 D387143 3
RELEVANCE TO COUNCIIL’S PLANS & POLICIES Council’s Strategic Plan P 2009-2 2030: Strattegy 4.7.2
Encourage and p provide infformation and opp ortunities for active e participa ation in com mmunity liffe
SUMMARY To report to Counc cil on com mmunity sto orage opttions for th he former office building and d Parks depo sheds at the propertty located at 260 Ste eele Street,, Devonport (former P ot).
BACKGROUUND Council h has a lease e with Cro own Lands Services for f land att 260 Steelle Street, Devonport D t which includes the Splash S Aqu uatic Centtre land as well as the e former p parks depot. Councill leases the e property by virtue of o a ten yea ar lease which expire es on 31 Ju uly 2021.
an a storage contaiiner and m miscellane eous items currently being stored in the e Other tha buildings, the balance land is vacant. At Counc cil’s meeting held on 24 August 2015, it wa as determin ned (Min 1 64/15 refe ers): That Coun ncil note th he report re egarding p possible use of land at a 260 Stee ele Street, Devonport D t and: (a)
ceed with the installation of a an off leash h dog are ea at the n northern side of the e proc prop perty utilisin ng the $30 0,000 budg get allocation in the e 2015-16 o operationa al budget;; and
(b)
requ uest that a further rep port be pro ovided whiich conside ers commu unity storag ge optionss for th he former office buiilding and sheds in accordanc a ce with the e Devonport Interim m Planning Schem me and lik kely budge etary requirrements.
ash dog arrea is curre ently being g prepared d. The off-lea
ITEM 5.3
PAGE 18 Report to Council meeting on 23 November 2015
STATUTORY REQUIREMENTS Council must comply with its obligations contained within the Crown Land Services lease. The Crown has confirmed its approval of the off leash dog area as it is a permitted use under the lease. The Crown would also need to be advised if the property becomes used as a storage facility. Currently Council has advertised its intention for the off-leash enclosed area under the provisions of the Dog Control Act 2000.
DISCUSSION The off leash dog exercise area has been commenced and clean up of the facility (including demolition and removal of old hot houses) is currently underway. There has been no interest in the property from a commercial lease perspective and it has been used as a storage site for a long period of time. It has two storage containers on it and some items are currently being stored in buildings on site. The large shed at the rear of the property could be partitioned in to potentially three separate storage areas as they would each have their own access via the three rollerdoors that are used to access the building. This would require internal separating walls being installed. The former offices could also be used as storage area as is with no alterations required.
COMMUNITY ENGAGEMENT No community engagement has been undertaken as a result of this report. Previous consultation late in 2014 with community groups attracted five to six groups requiring potential storage space. More recent discussions have been held with interested parties who are looking for large storage areas and it has been identified that the large shed at the rear of the property would be an ideal storage facility as well as the former offices. If further developed for storage options, Council would need to call for expressions of interest for the spaces created at the appropriate time.
FINANCIAL IMPLICATIONS There was a sum of $30,000 included in the 2015-16 operational budget that was allocated for works at this property. The cost to tidy the site up including the establishment of the off-leash dog aea and demolition of former hot houses will cost approximately $35,000. The budget allocation plus an additional $5,000 from general maintenance account has been allocated to undertake this work. There are no funds currently set aside to undertake any improvements to the storage areas. An allocation will need to be provided in a subsequent budget should Council wish to make alterations to the buildings to allow maximum storage potential.
RISK IMPLICATIONS There are no identified risks associated with this report.
CONCLUSION To pursue community storage at 260 Steele Street, Devonport would require Council to make modifications to existing buildings and seek expressions of interest for the area/s available.
ATTACHMENTS Nil ITEM 5.3
PAGE 19 Report to Council meeting on 23 November 2015
RECOMMENDATION That Council note the report regarding 260 Steele Street, Devonport and determine to consider allocating funds in the 2016/17 budget to provide internal separating walls in the buildings to create community storage areas.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 5.3
Paul West General Manager
PAGE 20 Report to Council meeting on 23 November 2015
5.4
QUOTATIONS FOR CONTRACT 1301 TEMPORARY COUNCIL OFFICE RELOCATION File: 28539-01 D391810
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.3.3
Provide and maintain Council buildings, facilities and amenities to appropriate standards
SUMMARY This report seeks Council’s approval to award Contract 1301 Temporary Council Office Relocation to Oliver Kelly Constructions Pty Ltd.
BACKGROUND Council is currently finalising construction tenders, permits and funding to commence Stage 1 of LIVING CITY. Progress on these matters is progressing as planned and provided no unforeseen issues arise, construction could potentially start in the first quarter of 2016. Stage 1 will involve the construction of a new multi-purpose civic building, food pavilion, carpark and market square. The Stage 1 site boundary covers a number of existing properties including Council’s Rooke Street carpark, 13 Oldaker Street, the former Police Station site and the current Council Chambers. Prior to the commencement of construction, Council will need to vacate its existing premises to a temporary location until the new multi-purpose building is complete. This report outlines the proposed arrangements during the transition period and presents the outcomes of a request for quotation process undertaken to select a contractor for the relocation.
STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 when considering awarding construction contracts.
DISCUSSION The Council owned building at 17 Fenton Way, formerly occupied by Harvey Norman has been identified as a suitable location for Council’s temporary relocation during the construction of LIVING CITY Stage 1. It is anticipated that Council will need to operate from this site for approximately two years. A basic office layout has been configured within the existing floor area which involves minimal modifications to the existing building. The intention is that all loose furniture and some fixed furniture such as counters will be transferred to the temporary location. Screen walls will be constructed inside the entrance on the northern wall to ensure a suitable customer service area is established. A Council meeting room utilising existing furniture from the Chambers will also be established in the building for Council’s public meetings. Although only essential works to necessitate the move will be undertaken, the relocation of approximately 80 staff, customer service areas and numerous meeting rooms is still a significant undertaking. Electrical and information technology works make up a large portion of the required works.
ITEM 5.4
PAGE 21 Report to Council meeting on 23 November 2015
The renovations will be basic with only the bare essential works being undertaken, however it will be sufficient to ensure continuity of Council services during this transition period with minimal if any public inconvenience. Documents have been prepared for the proposed works and a development application has been sought. Quotations to undertake the building modifications and relocate existing furniture and fixed items from the existing building were sought from local contractors. Conforming submissions were received from four companies and are summarised in table 1. TABLE 1
1
Oliver Kelly Constructions Pty Ltd
Conforming
Tender Price (ex GST) $190,283
2
Meadcon Pty Ltd
Conforming
$195,356
3
Fairbrother Pty Ltd
Conforming
$205,100
4
Vos Construction Pty Ltd
Conforming
$212,895
No.
Tender
Status
In accordance with Council’s Code of Tenders and Contracts, a Tender Planning and Evaluation Committee was formed to evaluate the proposals received. As highlighted in the above table, Oliver Kelly Constructions Pty Ltd $190,283 is the lowest priced. The Tender Planning and Evaluation Committee have considered the quotes against the selection criteria for the lump sum price. The evaluation by the committee indicates that Oliver Kelly Constructions Pty Ltd scored highest overall against the selection criteria and therefore offers Council the best value for money. It is recommended that Council accept the quotation from Oliver Kelly dependant on a construction contract proceeding with Stage 1 of LIVING CITY. This will ensure Council do not move prematurely, however will allow works to proceed promptly when required to avoid delays on Stage 1. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments.
COMMUNITY ENGAGEMENT No community engagement was undertaken for preparation of this report.
FINANCIAL IMPLICATIONS The 2015/16 capital expenditure budget includes an allocation of $4,096,000 to progress Stage 1 of LIVING CITY and the relocation works identified in this report would be funded from that budget. The quotation received from Oliver Kelly Constructions Pty Ltd is $190,283. The breakdown of the budget for this project is summarised below in table 2.
ITEM 5.4
PAGE 22 Report to Council meeting on 23 November 2015
TABLE 2 No.
Tender Price (ex GST)
Tender
1
Contract 1301 price
$190,283
2
Project management/administration
$20,000
3
Construction contingency
$15,000 TOTAL
$225,283
RISK IMPLICATIONS To minimise risk the tender administration processes related to this contract comply with Council’s Code for Tenders and Contracts which was developed in compliance with Section 333 of the Local Government Act 1993.
CONCLUSION The Council owned building at 17 Fenton Way has been identified as a suitable location for Council’s temporary relocation during the construction of LIVING CITY Stage 1. A tender process has been undertaken and it is recommended that Oliver Kelly Pty Ltd be selected as the contractor to carry out the relocation, once certainty is obtained regarding the commencement of Stage 1.
ATTACHMENTS 1.
CB0068 Signed Meeting Minutes
Confidential
RECOMMENDATION That Council: a)
endorse the temporary relocation of the Council offices to 17 Fenton Way during the construction of LIVING CITY Stage 1;
b)
note the likely duration of the relocation will be approximately two years; and
c)
award Contract 1301 “Temporary Council Office Relocation” to Oliver Kelly Constructions Pty Ltd for the tendered sum of $190,283 (ex GST) subject to the General Manager executing the contract to align with the construction commencement of LIVING CITY Stage 1.
Author: Position:
Kylie Lunson Infrastructure & Works Manager
Endorsed By: Position:
ITEM 5.4
Matthew Atkins Deputy General Manager
PAGE 23 Report to Council meeting on 23 November 2015
5.5
CHARTER OF RECOGNITION FOR CONSTITUTIONAL CHANGES RECOGNISE TASMANIA File: 26729 D393373
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.2.1
Acknowledge, preserve and celebrate local art, culture and heritage
SUMMARY To consider a request from RECOGNISE Tasmania to adopt a “Campaign Partners Network Group Charter’ in support of changes to the Australian Constitution.
BACKGROUND On 9 November, 2015 Bill Lawson AM, Co-Chair of Tasmanians for Recognition, Margaret Shearer, Devonport community member and Marta Hodul Lenton, Executive Officer RECOGNISE (Tasmania) attended Council’s workshop. The purpose of the visit was to seek Council’s support in the “RECOGNISE” campaign which seeks to amend the Australian Constitution to provide recognition of Aboriginal and Torres Strait Islander people and to delete clauses 25 and 51(xxvi). In their opinion, these clauses permit discrimination against people on the basis of their race.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION Council has been asked to consider adopting the “Recognise Campaign Partners Network Charter” (attached). The Charter provides support for the work being undertaken by the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples. By adopting the Charter, Council agrees to support efforts to increase the levels of public awareness and community support for constitutional recognition.
COMMUNITY ENGAGEMENT There has been no consultation undertaken as a result of this report.
FINANCIAL IMPLICATIONS There are no financial implications as a result of this report. However, it would impact on Council’s operational budget if it determines in the future to conduct any events or activities to support the RECOGNISE program.
RISK IMPLICATIONS
Reputation Council could be seen to be not supportive of the campaign by RECOGNISE Tasmania if they do not agree to adopt the Charter and support the amendments to the Constitution.
ITEM 5.5
PAGE 24 Report to Council meeting on 23 November 2015
CONCLUSION There is growing support for the proposed changes to the Australian Constitution through the RECOGNISE project. Council’s support of the proposed changes has been requested.
ATTACHMENTS 1.
Campaign Partners Network Group Final Charter
RECOMMENDATION That Council adopt the Tasmanians for Recognition “Campaign Partners Network Group Charter” in support of changes to the Australian Constitution.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 5.5
Paul West General Manager
PAGE 25 Campaign C Pa artners Netwo ork Group Fin nal Charter
ATTTACHMENT [1 1]
ITEM 5.5
PAGE 26 Report to Council meeting on 23 November 2015
5.6
TIAGARRA File: 26729 D393399
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.2.1
Acknowledge, preserve and celebrate local art, culture and heritage
SUMMARY This report is provided to assist Council in considering a request from Six Rivers Aboriginal Corporation (SRAC), with the support of the Tasmanian Regional Aboriginal Communities Alliance (TRACA) for the property known as Tiagarra to be gifted to the Aboriginal community, allowing them to independently determine its future.
BACKGROUND Tiagarra (Keeping Place) is unique to Devonport and was established in 1974. Tiagarra was developed to tell the story of Tasmanian Aborigines and to display the Indigenous Cultural Heritage information. Tiagarra was previously operated through a lease agreement between the Council (as the owner of the premises) and Six Rivers Aboriginal Corporation (the lessee). The lease agreement between Council and SRAC was formally terminated by Council in October 2014 (Min 268/14 refers) on the basis that SRAC was in default of its lease conditions at that time, including:
Section 2 (18a) to keep the premises open for the purposes of permitted use during at least the hours of 10am to 5pm, 7 days a week (Christmas day and Easter Friday excepted).
Section 2 (18b) to use the tenants best endeavours to develop, extend and improve the present business conducted on the premises.
Section 2 (18d) not to do anything to injure the connection or goodwill of such business.
Following the termination of the lease Council at its meeting in December 2014 (Min 311/14 refers) determined to: 1.
establish the Tiagarra Special Interest Group and endorse guidelines;
2.
appoint Ald Rockliff (with Ald Jarman as Proxy) as Council’s representative on the Tiagarra Special Interest Group.
3.
add to the membership section of the guidelines (as included in the report), Queen Victoria Museum, Circular Head Aboriginal Corporation and a local resident.
To date this Special Interest Group has not gained as much traction as hoped due in part to a level of concern initially around the make-up of the Group and Council’s decision to seek nominations in particular from the Circular Head Aboriginal Corporation. Subsequently there have also been ongoing discussions with the Office of Aboriginal Affairs within the Department of Premier and Cabinet, regarding accessing funds to engage a consultant to assist working with all of the various stakeholders and interested parties in identifying the future of Tiagarra, ensuing that cultural sensitivities are respected in the process. ITEM 5.6
PAGE 27 Report to Council meeting on 23 November 2015
STATUTORY REQUIREMENTS The Tiagarra facility is located partly on Council owned land and partly on Council leased Crown Land. Any decision taken in relation to the transfer of ownership of the assets located on the land would require Council obtaining Crown Land consent. A long term lease over the land on which Tiagarra is situated would need to be undertaken in accordance with the requirements of the Local Government Act 1993: 178. Sale, exchange and disposal of public land (1)
A council may sell, lease, donate, exchange or otherwise dispose of public land owned by it in accordance with this section.
(2)
Public land that is leased for any period by a council remains public land during that period.
(3)
A resolution of the council to sell, lease, donate, exchange or otherwise dispose of public land is to be passed by an absolute majority.
(4)
If a council intends to sell, lease, donate, exchange or otherwise dispose of public land, the general manager is to– (a)
publish that intention on at least 2 separate occasions in a daily newspaper circulating in the municipal area; and (ab) display a copy of the notice on any boundary of the public land that abuts a highway; and
(b)
notify the public that objection to the proposed sale, lease, donation, exchange or disposal may be made to the general manager within 21 days of the date of the first publication.
(5)
If the general manager does not receive any objection under subsection (4) and an appeal is not made under section 178A, the council may sell, lease, donate, exchange or otherwise dispose of public land in accordance with its intention as published under subsection (4).
(6)
The council must –
(7)
(a)
consider any objection lodged; and
(b)
by notice in writing within 7 days after making a decision to take or not to take any action under this section, advise any person who lodged an objection of – (i)
that decision; and
(ii)
the right to appeal against that decision under section 178A.
The council must not decide to take any action under this section if – (a)
any objection lodged under this section is being considered; or
(b)
an appeal made under section 178A has not yet been determined; or
(c)
the Appeal Tribunal has made a determination under section 178B(b) or (c).
DISCUSSION Council is in receipt of correspondence from both SRAC and TRACA. The SRAC letter addressed to the Mayor from Chair, Merv Gower dated 5 November states: The Six Rivers Aboriginal Corporation (SRAC) as you know are keen to reopen Tiagarra and wish to adopt the 2014/15 document (Partnership Agreement Between Six Rivers Aboriginal Corporations and Devonport City Council), the agreement will need to be updated to become a working agreement, as explained in an email on the 4th November 2015 we do not have an electronic copy. ITEM 5.6
PAGE 28 Report to Council meeting on 23 November 2015
We feel that if agreed to the conditions in the partnership between SRAC and DCC regardless of any further immediate negotiations with leasing arrangements Tiagarra can be reopened and discussions can continue regarding a permanent occupancy of the premises, I believe that it is your priority and ours to just get it open as soon as possible. In our custom this type of agreement would be a verbal decision. At the meeting with you at the DCC offices I mentioned that SRAC was working on another project that will tie in with Tiagarra, well that has now been approved and we expect to be operating Indigenous On Country Tours with an international market in the very near future, it is very important that us as an Aboriginal Corporation and you as a City Council provide a facility that is relevant to the need. As explained earlier it is not just us that wish to have Tiagarra reopened, there are local non indigenous community people contacting us on a regular basis and the newly formed TRACA as you know support this on a statewide basis. So I put it to you without any further immediate negotiations we bite the bullet as I think we both need to get some runs on the board with our Communities and get Tiagarra open, at the moment we are able to staff it on a volunteer basis but will be seeking to have funds to do this as it is general knowledge that in the past Aboriginal people have been expected to work for none or very little wages we are aiming to turn that around. A letter from TRACA’s Vice Chair, Patsy Cameron dated 3 November 2015 addressed to Council states: We are a statewide Aboriginal Alliance of eight corporations whose remit is to advocate and address Regional Aboriginal issues. We are liaising directly with the Premier’s office and with the Opposition leader of Aboriginal affairs. The current situation of Tiagarra not being open to the public and operated by SRAC (Six Rivers Aboriginal Corporation) has been raised as a serious concern. Tiagarra is a flagship institution of high historic and contemporary cultural significance, not only for north west Tasmania, but nationally as the second oldest Aboriginal Cultural Centre and Keeping Place. Devonport City Council is to be commended for their greatest foresight in creating Tiagarra nearly forty years ago, along with their decision twenty years later (twenty years ago) to hand over operations to the local Aboriginal community via MLAC (Mersey Leven Aboriginal Corporation), and subsequently its successor Six Rivers Aboriginal Corporation. The decision by Devonport City Council to cancel the lease of Tiagarra to Six Rivers Aboriginal Corporation has steered Devonport City Council into a difficult moral and cultural corner, evidently uncertain how to negotiate this Cultural Centre’s successful future – by failing to restore its Aboriginal operations and support its Aboriginal refurbishment. We feel this current and frustrating impasse now needs us to actively step forward, otherwise an unnecessarily large amount of council funds and staff hours will continue to be ineffectually directed to try to determine, unequipped, the correct cultural-political-financial pathways. This Alliance regards it as a priority to cooperatively advise Devonport City Council on the best course to take with Tiagarra. We request that Devonport City Council either promptly reinstates the lease to SRAC and supports the Aboriginal operation and update of this highly significant institution, or, more effectively, transfers ownership of Tiagarra to the local Aboriginal community, represented by Six Rivers ITEM 5.6
PAGE 29 Report to Council meeting on 23 November 2015
Aboriginal Corporation, to be able to self-determine the successful operation, and (with Aboriginal Museum professionals) the overdue interpretive refit of Tiagarra. This latter outcome would be the most viable and far sighted Devonport City Council determination to make, because only as an Aboriginal owned facility is Tiagarra eligible to apply for, and be awarded, Federal and State funding specifically available for Aboriginal museum and cultural centre operations, upgrades, staff funding including museum and interpretive training via cultural placements in institutions nationwide. Six Rivers Aboriginal Corporation had been under various operational restraints and difficulties over the past few years, but is now strategically and successfully working through these issues with Government, the Alliance and stakeholders, including and we intend the Devonport City Council. SRAC is now in a very good position not only to operate Tiagarra, but to importantly redevelop its content, with statewide supportive Aboriginal consultation, given its foundation membership of the Alliance. The TRACA requests that Devonport City Council undertake the most legitimate way forward and immediately rescinding its request to the OAA (Office of Aboriginal Affairs), Tasmania to obtain the funds that Six Rivers Aboriginal Corporation acquired specifically for its expenditure on Tiagarra. This action will enable Six Rivers Aboriginal Corporation to regain these funds from OAA, and undertake the most critical, initial upgrades to the facility’s displays and content, towards, as our priority, reopening this important cultural destination and local Aboriginal Cultural hub for the upcoming tourist season. Devonport City Council, by agreeing to these requests, will demonstrate, to many and growing involved and interested parties in this aggrieved situation, the recognition and reconciliation steps that Devonport City Council are embracing to improve and build on the relationship with an acknowledgement of the local and broader Aboriginal communities of Tasmania. Working this way with Six Rivers Aboriginal Corporation and TRACA, Devonport City Council can redress the serious recent deterioration in its relationship with the local Aboriginal community, carefully created and maintained since Tiagarra’s 1976 inception, until the past year. It is with great sadness that the local Aboriginal community, having lost the keys and access to Tiagarra to Devonport City Council was unable to open the site for NAIDOC celebrations in July 2015 – the only year Aboriginal people haven’t celebrated our Culture on the Bluff in our Cultural Centre with the broader community for 20 years. Tiagarra’s 40th birthday is to be held next year, on 16 October 2016. We as Aboriginal people see this as a critical milestone, and determinedly wish to celebrate this event with the broader community. Support for Tiagarra ranges well beyond the Aboriginal people of Tasmania. It has the backing of large numbers of people of all cultures in Tasmania, nationally and around the world. This support is growing as is the frustration with Tiagarra’s overdue reopening, evident from people continuously asking: what’s going on? (with Tiagarra). The past year has clearly demonstrated to SRAC how much Tiagarra has been missed while closed, by the Tasmanian education system as a result of regular school tour destination, as well as by bus tours, and tourists arriving by the Spirit of Tasmania. These visitors altogether number in their many hundreds annually. These numbers can be regained and greatly multiplied, even within a year, with dedicated renewal of communications, and with Tourism Tasmania support, and training of Aboriginal staff and volunteers. ITEM 5.6
PAGE 30 Report to Council meeting on 23 November 2015
To answer some of the questions and to outline Tiagarra’s story Aboriginal people have been working on collecting Tiagarra’s history and sharing this information on a dedicated website for everyone to access, see the facility, the history and sharing this information on a dedicated website for everyone to access, see the facility, the history and our hopes. This website: TIAGARRA – Aboriginal Cultural Centre and Keeping Place, Devonport Bluff, Tasmania, Australia is a work in progress and is being added to on a regular basis by passionate supporters. http://tiagarra.weebly.com We are also communicating widely with the popular forum: Tiagarra Mersey Bluff Facebook page. We want to resolve the situation in the very near future with your dedicated assistance and commitment. We hope you respect and accord to our position on this serious matter. Please do not hesitate to make contact with SRAC to plan a smooth transition to Tiagarra’s next exciting phase of reinstatement in Tasmania. The proposed Partnership Agreement drafted in 2014 was never finalised or agreed to by Council. The draft Partnership Agreement was for a one year period to conclude at the end of the original building lease period. The draft implied that at the end of the period both Council and SRAC would be in a better position to understand their respective obligations going forward. The letter from SRAC suggests that the Corporation would like to enter into a Partnership Agreement along the lines of the draft provided to them in 2014. As discussed above that draft was a “holding document” to allow the development of a more formal arrangement in line with the lease expiration originally due in 2015. As the Council terminated the lease with SRAC prior to the Partnership Agreement being finalised it is perhaps no longer relevant. Any new agreement with SRAC to lease the property would likely require different provisions and obligations on both parties. There is no doubt the issues surrounding Tiagarra and its future are culturally complex and a vexing issue for the Council. Council currently owns the buildings and appears to own the majority of the contents including the exhibition material. Whether this is appropriate has been questioned on numerous occasions and if it wasn’t that the facility was situated on Council owned and leased land, it is not something that would traditionally rest with a council. The correspondence from TRACA includes comments on its preferred option to secure Tiagarra’s future (see highlights): We request that Devonport City Council either promptly reinstates the lease to SRAC and supports the Aboriginal operation and update of this highly significant institution, or, more effectively, transfers ownership of Tiagarra to the local Aboriginal community, represented by Six Rivers Aboriginal Corporation, to be able to selfdetermine the successful operation, and (with Aboriginal Museum professionals) the overdue interpretive refit of Tiagarra. This latter outcome would be the most viable and far sighted Devonport City Council determination to make, because only as an Aboriginal owned facility is Tiagarra eligible to apply for, and be awarded, Federal and State funding specifically available for Aboriginal museum and cultural centre operations, upgrades, staff funding including museum and interpretive training via cultural placements in institutions nationwide. Six Rivers Aboriginal Corporation had been under various operational restraints and difficulties over the past few years, but is now strategically and successfully working through these issues with Government, the Alliance and stakeholders, including and we intend the Devonport City Council. SRAC is now in a very good position not only ITEM 5.6
PAGE 31 uncil meeting on o 23 Novemb ber 2015 Report to Cou
to o operate Tiiagarra, but b to imp portantly redevelop p its conte ent, with statewide e supp portive Abo original co onsultation,, given its foundation f membersship of the Alliance. A The reque est by TRAC CA for the Council to o consider transferring the own nership of Tiagarra T to o the local Aboriginall community has me erit. Counc cil has for a number of years been b trying g perations of o Tiagarra and has consistently met resiistance on n the basiss to influence the op derstand Aboriginal A c culture and differenc ces - a rec cent exam mple being g that it does not und uncil estab blished the e Special In nterest Gro oup and created c co onsiderable e angst by y when Cou inviting the Circular Head Abo original Corrporation to t be part of the Gro oup. ng the own nership of Tiagarra T to o the local Aborigina al commun nity would allow thatt Transferrin group to sself-determ mine its futu ure and wo ould remove Counciil from the mix. To ac chieve thiss outcome Council could c transfer ownersship of the e buildings and all off the conte ents to the e Corporation and provide p the em with a lease ov ver the lan nd – simila ar to what currently y happens w with a num mber of spo orting facil ities on Co ouncil owne ed/contro olled land. The situation with Tia agarra is a bit more complicated as part of the b buildings arre located d on Counc cil owned land and the otherr part is on Crown Land L lease ed to Cou uncil. Any y decision b by Council to lease the land o on a long term t basis to the Ab boriginal Co orporation n will require e Crown Land L appro oval and w will also ne eed to com mply with tthe provisions of the e Local Gov vernment Act A 1993.
ITEM 5.6
PAGE 32 uncil meeting on o 23 Novemb ber 2015 Report to Cou
If Council is supportiive of transsferring the e building assets to th he owners hip of the Aboriginall Corporation it would potentia ally need t o occur th hrough a tw wo stage agreemen nt process.. The first w would be agreemen nt by Coun ncil throug gh a ‘lette er of inten t’ to allow w SRAC to o regain co ontrol of th he propertty and to operate the facility on their o own terms while the e formalitiess of transfe erring the building b asssets and le ease assign nments are e undertake en. A transferr of assetss would lik kely includ de that ressponsibility for the fa acility and d its future e direction being com mpletely att SRAC’s d discretion and a that Council C will play no fu urther partt in the managementt of, or ma aintenance e of, the bu uildings. Th he formalitties of the land lease e transfer co ould then be dealt with w includi ng the term m and any y condition ns precede ent.
COMMUNITTY ENGAGEM MENT There has been susttained com mmunity a nd media interest in Tiagarra ssince its clo osure. Thiss has resulte ed in some e negative e commen nts being provided p to o Council that is hass not been n proactive e in finding a solution to the imp passe with the Aborig ginal Corpo oration wh hich would d see the Centre re-op pened. espondenc ce from TRA ACA it is likely that an a offer byy Council to transferr Based on the corre t SRAC w would be well received by th he wider Aboriginall the built assets on the site to negative comments ersely there e may be n c to Counc cil if after th he transferr community. Conve the buildin ngs fall into disrepairr particula rly conside ering the ic conic loca ation where e they are e situated o on Mersey y Bluff. The lease a greement over the land wou uld need to t provide e sufficient rrecourse fo or Council if this was to ever ev ventuate, or o in the un nlikely even nt that the e Aborigina al Corporattion, cease es to exist. ITEM 5.6
PAGE 33 Report to Council meeting on 23 November 2015
FINANCIAL IMPLICATIONS The Tiagarra buildings have a current replacement cost of $641,309, accumulated depreciation of $284,481, resulting in a written down value of $356,828. Gifting the buildings and assets to SRAC would require Council to record a diminution of this amount in its financial report and also recorded in the Annual Report. If Council supports the transfer of the built assets to SRAC, its request for the balance funding held by the State Government’s Office of Aboriginal Affairs being provided to Council could be formally withdrawn. Such a request could be justified insofar as the purpose for which Council had requested the funds would no longer be necessary. Council could also support the funds being provided to SRAC to specifically assist it in financing the initial reopening of Tiagarra.
RISK IMPLICATIONS The primary risks associated with the recommendation to transfer the Tiagarra built assets to SRAC is that the Centre’s operations may not be ran any better than previously which led Council to terminate the lease in the first place. There are obviously some factional tensions within the Aboriginal community and that the support SRAC will require to achieve their aspirations for the Centre may get caught up in these issues. However there is some comfort that the future of Tiagarra may be successful due to the support offered by the Tasmanian Regional Aboriginal Communities Alliance as outlined within this report.
CONCLUSION It now appears that Council has a number of options available to it in relation to the future of Tiagarra including: 1.
Maintain its current position and continue to try to work through the Special Interest Group to identify the future of Tiagarra.
2.
Agree to enter into a Partnership Agreement with SRAC for Tiagarra including a new lease agreement. This option requires Council to maintain an active involvement in the Centre and its operations. It also gives Council some oversight powers to ensure that the Centre is run in an efficient and appropriate manner.
3.
Agree to transfer the built assets of Tiagarra and all fixtures and fittings (including the exhibition materials) to the local Aboriginal community, represented by Six Rivers Aboriginal Corporation. This option would require Council to also enter into a lease agreement (long term) with the Corporation over the land on which the built assets occupy. The land is partly owned by Council and the balance is controlled by Council through a lease agreement with the Crown.
There are probably a number of other variations and/or solutions for Tiagarra. On balance it would appear that transferring the property to the local Aboriginal community will result in the best outcome for Tiagarra, ensuring that its future rests with those best placed to take the Centre forward – in effect allowing self-determination by the local Aboriginal community.
ATTACHMENTS Nil
ITEM 5.6
PAGE 34 Report to Council meeting on 23 November 2015
RECOMMENDATION That the report of the General Manager relating to the future of Tiagarra be received and noted and that Council in line with the request from the Tasmanian Regional Aboriginal Communities Alliance: 1.
conditionally agree to transfer the ownership of Tiagarra to the local Aboriginal community, represented by Six Rivers Aboriginal Corporation providing a lease agreement for the land can be agreed between the parties and in accordance with the Local Government Act 1993.
2.
following finalisation of a lease agreement the ownership of the built assets and all fixtures and fittings (including the exhibition material); will be transferred for the sum of one dollar.
3.
all costs associated with the transfer, including the writing off of the buildings and other asset are to be recognised in the Council 2015/16 financial reporting period.
4.
prior to finalising the formalities related to the land lease and subsequent transfer of the built assets, Council agrees to enter into an ‘exchange of letters’ with Six Rivers Aboriginal Corporation allowing that organisation to resume its occupation of Tiagarra immediately. SRAC’s responsibilities relating to this short term arrangement will be on the basis that they will be assuming ownership.
5.
advise the Office of Aboriginal Affairs of its decision and withdraw its request for funding to be provided to Council, requesting instead that this money be allocated to Six Rivers Aboriginal Corporation to assist it in reopening Tiagarra to the public.
Author: Position:
Paul West General Manager
ITEM 5.6
PAGE 35 Report to Council meeting on 23 November 2015
5.7
REQUEST FOR USE OF GRASSED AREA AND EXTENSION OF LICENSED AREA - DRIFT CAFE, BLUFF PRECINCT File: 26372 D393403
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 3.2.3
Facilitate a pro‑active approach by business to embrace tourism opportunities
SUMMARY To consider a request from the Lessee of Drift Café to use the grassed area in front of the premises for events and extend the licensed area.
BACKGROUND Dane Layton has been the lessee of Drift Café since 1 July 2015. Mr Layton has made an application to Council for a number of events to be held at the Café over the summer period. At the same time Mr Layton has also sought to extend his licenced area at the front of the Café and proposes a number of modifications (at his own expense) such as planter boxes to subtly define the area where his patrons can consume alcohol purchased from his establishment.
STATUTORY REQUIREMENTS The application to use the grassed area as a licensed area will require an application by the Lessee to the Liquor Licensing Commission. Events held in this area presently require a “Casual Use of Parks and Reserves permit” to be issued by Council.
DISCUSSION The request from the Lessee is attached as well as a plan showing the area proposed to be used as the extended licensed area. The Lessee will have some removable furniture (e.g. bean bags, small tables) for use by customers as well as the general public. A concept plan is also attached showing the Lessee’s intention of placing planter boxes at the line of the extended area to subtly define the area for liquor licensing purposes. The installation of the planter boxes and their subsequent maintenance and upkeep would be at the cost of the Lessee. Any evidence of damage to the grass surface will also be the responsibility of the Lessee to make good. The area would not be blocked off to the general public and would still be able to be used at all times, regardless of whether an event is being held at the Café. A list of the proposed dates for upcoming events is included in the Lessee’s letter of request. He proposes “Sangria Sunday’s” throughout December, January and February 2016 and a Movie Night in December. After discussion with the tenants of the upstairs restaurant, the Lessee has agreed to start the bands at 2.00 p.m. rather than 12.00 p.m. so as not to impact on the lunchtime patrons at “Mrs Jones”. They will then conclude by 6.00 p.m. For the use of the reserve on an ongoing basis, it is proposed that the Lessee be charged a fee of $1,000 per annum. The licence fee is the same as that recommended to Council for the Harbourmaster Café for a similar request. It is recommended that the licence if approved by Council be issued for a trial period of one year at which time Council will formally review its ongoing support or otherwise. This ITEM 5.7
PAGE 36 Report to Council meeting on 23 November 2015
initial period will provide Council with the opportunity to consider any complaints or issues that may arise.
COMMUNITY ENGAGEMENT Consultation has been undertaken with the upstairs restaurant lessee and the Surf Club with no major issues or concerns being raised, other than the issue of the starting time which has now been amended accordingly by the Lessee.
FINANCIAL IMPLICATIONS It is recommended that a licence fee of $1,000 apply to the extended lease area.
RISK IMPLICATIONS
Legal Compliance A liquor licensing permit will be required from the Liquor Licensing Commissioner. If this is not approved, the extension to the licensed area will not be able to proceed.
Consultation and/or Communication No major issues were raised in consultation with the Surf Club and the upstairs restaurant.
Risk Management Practices The Lessee would need to comply with health and safety requirements for the conduct of such events where liquor is being served.
CONCLUSION The request for use of the grassed area in front of the Drift Café to enable the extension of the liquor licence is consistent with casual use applications previously applied for. Events have been held at the reserve by the previous tenant with no issues identified. The application is therefore recommended for approval, subject to the area remaining available for general public use at all times and a formal review after an initial 12 month period, or earlier if required if there are complaints from the public or damage to Council’s infrastructure.
ATTACHMENTS 1.
Request from Dane Layton - extension of licensed area
2.
Plan - Drift
3.
Concept Plan - Drift
RECOMMENDATION That Council receive the report and: a)
authorise a twelve month licence agreement for the use of the grassed area at the Drift Café generally in line with the plan provided by the applicant and attached to this report;
b)
require the licence agreement to contain clauses that ensure;
continued access for the public to the area covered by the license;
ITEM 5.7
PAGE 37 Report to Council meeting on 23 November 2015
the operator to indemnify Council against any damage caused to Council infrastructure by the operation of the Café;
an initial annual licence fee of $1,000, paid in advance;
provision for the annual review of the licence conditions and annual fee;
provisions for the amendment or cancellation of the licence by Council at any time should it be considered necessary to do so because of public complaint or repetitive damage to Council infrastructure;
on any occasion when the operator seeks to use the public space beyond the licenced area, separate application is to be made to Council for approval in accordance with the Parks and Reserves Bylaw.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 5.7
Paul West General Manager
PAGE 38 Request R from Dane Layton n - extension n of licensed area
ITEM 5.7
ATTTACHMENT [1 1]
PAGE 39 Request R from Dane Layton n - extension n of licensed area
ITEM 5.7
ATTTACHMENT [1 1]
PAGE 40 Plan P - Drift
ATTTACHMENT [2 2]
ITEM 5.7
PAGE 41 Concept C Plan n - Drift
ATTTACHMENT [3 3]
ITEM 5.7
PAGE 42 Report to Council meeting on 23 November 2015
5.8
HARBOURMASTER'S CAFE File: 26939 D393505
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.3.4
Provide accessible and sustainable parks, gardens and open spaces to appropriate standards
SUMMARY The purpose of the report is to provide Council with information to facilitate a decision about a request by Murphy Investments (Tasmania) Pty Ltd for an extended lease over existing open space (parkland) to the north of the existing Harbourmaster’s Café operation following considerations at a workshop on 9 November 2015.
BACKGROUND A report about the request by Murphy Investments (Tas) Pty Ltd (Mr Murphy) to lease an area of approximately 375 square metres of Crown Land to the north of the current Crown lease which contains the Harbourmaster’s Café was presented to a meeting of Council on 28 September 2015. A copy of that report is at attachment 1. At that Council meeting the report was not considered in detail and instead it was resolved that the issues should be further considered at a workshop. Mr Murphy was invited to address Aldermen on 19 October 2015 and then a further workshop regarding the matter was held on 9 November 2015. A paper was prepared for the workshop which broke Mr Murphy’s request into particular items and provided some possible compromise options. That paper is reproduced below. Item (Mr Request)
Murphy’s Potential Compromise Option
Lease of the area of The area in question is approximately 30 metres to the north land to the north of the from the current Café and up to the current shared pathway. current Café. Rather than a lease or restricted use arrangements, that Council treat this request similar to “on street” dining application. That permission be granted to Mr Murphy to use the area (including the installation of fixed tables to Council specifications) providing the area is still accessible and useable by the public without restriction. The delineation for licencing purposes be clearly identified in any agreement entered into. All maintenance of the area is to be undertaken by Mr Murphy at his cost and should there be evidence of damage to the grass surface remedial action is to be undertaken. The licence be issued for a trial period of one year at which time Council will formally review its ongoing support or otherwise. (A review after 12 months will give Council the opportunity to understand if there have been any complaints or issues arise that need to be addressed before any longer term licence agreement is entered into).
ITEM 5.8
PAGE 43 Report to Council meeting on 23 November 2015
A licence fee be imposed commensurate with that charged to equivalent spaces used for on-street dining activities. Extend the fence at the rear of the Harbourmaster’s Café for approximately 30 metres to ensure that people cannot access the area by directly crossing the railway line.
The area in question is obviously traversed regularly by community members. The option of fencing the area the length of 30 metres would create a barrier to directly accessing the area by crossing the rail line in this location. It would also clearly delineate the area that Mr Murphy seeks to occupy. Council could agree to the request for installation of a fence at this location on the condition that the height is maintained at no more that the current railway line. This will ensure that the view to the river from Formby Road will not be further compromised. Condition of approval would include consultation and approval by Tas Rail; all costs to be met by Mr Murphy and the design be in keeping with the current fence behind the Harbourmaster’s Café (except height).
Access across the Council parkland to his building in a motorised vehicle. To assist in receiving stock; removing rubbish and under-taking any works on the site by tradespeople.
The business was approved to operate from this area and there were no conditions imposed in relation to vehicular access. The fact that it was a park implied (rightly or wrongly) that no vehicular access would occur. There is an obvious need for some access to be permitted. An option may be to provide Mr Murphy with a specific licence under the Reserves By-law to have restricted vehicular access between specific hours and in accordance with a traffic management plan including limiting speeds, type of vehicle access, and indemnity through insurance arrangements.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION At the workshop, discussion indicated that Council was generally supportive of the compromise options outlined in the Background section of this report, but with some conditions and reservations. In order to reach a position that can be supported by a Council resolution the following matters are canvassed. 1.
Lease of the area of land to the north of the current Café At the workshop it was agreed that a permanent lease was not favoured but instead Council would consider a conditioned 12 month licence along similar lines to those granted under the provisions of Council’s Street Trading By-Law. This matter cannot be treated as an actual “street trading licence” because it is parkland and the By-Law applies only to “the consumption of food or beverages or both by persons seated in an area that is part of a highway”. Instead, a licence or “temporary lease” is envisaged under the provisions available to the General Manager in the Reserves Parks and Gardens By-Law.
ITEM 5.8
PAGE 44 Report to Council meeting on 23 November 2015
Were the application to be treated as an actual street trading licence Council would apply the fees set out in the 2015/16 budget papers. This would amount to an annual licence fee of $25 plus $12.50 per square metre of occupation. The lease fee for the requested area under the By-law would equate to approximately $2,500pa. As this would be a 12 month “trial” licence under the Reserves, Parks and Gardens By-Law it is suggested the annual fee should be set at $1,000, with provision for review in subsequent years should the licence arrangement continue. Council agreed at the workshop that all maintenance of the area is to be undertaken by Mr Murphy at his cost and should there be evidence of damage to the grass surface remedial action is to be undertaken immediately. It would also be in Council’s interests to have some formal submission from Mr Murphy about proposed trading hours and the numbers that are likely to be accommodated in the extended lease area as well as how the required access to the area by members of the public will be maintained. Details of Mr Murphy’s public liability insurance cover would also be required, with a condition that any change in those arrangements is to be communicated to Council immediately. Given the issues involved and the proposed length of the licence trial, Council may care to consider a formal licence document rather than a simple letter of approval as has been provided for the two previous ‘private function’ events held in the same area. A formally drafted licence agreement would accommodate all of the matters discussed at the workshop and would contain clauses dealing with annual reviews and the right for immediate cancellation of, or additional conditions on the licence should that be warranted by public complaint or other issues such as unacceptable damage to Council infrastructure. In the longer term Council would probably require endorsement from Crown Land Services for what is in essence a sub-lease of the land in question. 2
Extension of the fence at the rear of the Harbourmaster’s Café. At an earlier workshop Mr Murphy proposed that the existing fence behind the current leased area between the Café and the rail line would be extended at the same height along the length of the proposed new licensed (leased) area to the north. He suggested that he would attach historical murals to this wall. At the workshop it was considered that such a fence would block the view of the river from Formby Road and that is not a desirable outcome. Instead Council agreed that a fence maintained at a height no higher than the current railway line (less than a metre) would be acceptable, with all costs associated with such a fence borne by Mr Murphy. This fence, however, cannot form part of Council’s proposed licence agreement as Mr Murphy would first have to obtain approval for siting, design and construction from both Crown Lands and Tas Rail.
3.
Access across Council parkland and shared pathway. At the workshop there was general agreement that access should be allowed across the park and pathway as and when reasonably required for maintenance and/or
ITEM 5.8
PAGE 45 Report to Council meeting on 23 November 2015
construction works that may be associated with existing or expanded development on the site. It is suggested that the following wording be inserted in the licence agreement to cover such situations: 1.
Vehicular access to the Harbourmaster’s Café (the Café), using parkland and the shared pathway, under the terms of this licence is restricted to essential service vehicles associated with routine and/or emergency maintenance and repairs to the premises. (Some examples would be vehicles containing parts and equipment required by electrical or plumbing contractors.)
2.
Maintenance and repair vehicles must be of a type and size classified as either “car” or “light rigid” for the purposes of the National Hierarchy of Licence Classes as set out in the table of licence classes published by the Tasmanian Department of State Growth (attachment 3).
3.
Any authorised vehicle or vehicles accessing the Café for maintenance or repairs (as set out in clauses 1and 2) must be parked in such a way whilst on the site so that they do not cause damage to any Council infrastructure or in any way impede or create a hazard for users of the parkland or the shared pathway.
4.
The proprietor of the Café is responsible for the cost of repairs for any damage caused to Council infrastructure by any vehicle, whether authorised under this licence or not, that has accessed the Café for any business purpose.
5.
Except in the case of a genuine emergency Mr Leigh Murphy as a Director of Murphy Investments (Tas) Pty Ltd is to notify Council, in writing by way of email at least 24 hours before access is to occur.
6.
The written notice required by clause 5 must stipulate: (a) (b) (c)
the expected date and time when a vehicle/s authorised by clauses 1 and 2 is to access the Café; the proposed inwards and outward routes of the authorised vehicle/s; and the expected maximum length of occupancy of the authorised vehicle/s.
7.
Any authorised vehicle accessing or exiting the Café by way of parkland or the shared pathway is to proceed at a speed of no more than 10 kph and is to activate the vehicle’s hazard warning lights.
8.
Authorised vehicles accessing or leaving the Harbourmaster’s Café are at all times to give right of way to members of the public using the parklands or the shared pathway.
9.
Where vehicle access is required for periods of more than three days, and/or the class of vehicle required to access the Café is of a class higher than ‘light rigid” as set out in the National Hierarchy of Licence Classes as published by the Tasmanian Department of State Growth (attachment 3), the café proprietors will be required to submit a traffic management plan with a defined access path for the approval of Council before access occurs.
COMMUNITY ENGAGEMENT No formal community engagement has occurred to date. The proposal for extended use of the Café into Crown Land to the North has, however, been canvassed by Mr Murphy’s private on-line survey, and has received considerable coverage in the local media. The proposed conditions of the formal licence agreement will afford Council adequate scope ITEM 5.8
PAGE 46 Report to Council meeting on 23 November 2015
to respond to public concerns should the extended operation of the Café create a public nuisance.
FINANCIAL IMPLICATIONS This report proposes what is considered a reasonable annual licence fee for the use of the requested area. The proposed licence conditions would also contain clauses that indemnify Council from the cost of repairs to any infrastructure by either the extended use of the Café or by vehicle access.
RISK IMPLICATIONS
Workplace Health and Safety As outlined in this and the previous (attached) report there are some issues around the extended operation of the café in a public access area. The proposed conditions of the licence provide indemnity for Council in that Mr Murphy, as the operator of the Café must produce evidence of appropriate public liability insurance.
CONCLUSION Council at its workshop on 9 November 2015 determined to support a trial twelve month licence of an area of Crown Land to the North of the Harbourmaster’s Café, currently leased by Council and designated in green on the site map contained in attachment 2. Council was generally supportive of a trial twelve month licence over this land provided the conditions of the licence agreement dealt adequately with:
Continued public access to the parkland and pathway affected by the licence;
Provision by Mr Murphy of evidence of appropriate Public Indemnity Insurance in the event of accident or injury arising out of the operation of the Café;
Details from Mr Murphy about the proposed permanent tables and any other infrastructure to be installed in the licensed area for approval by Council before the execution of a licence;
Details from Mr Murphy about the proposed trading hours for the Café in the newly licensed area;
Indemnification by Mr Murphy against any costs incurred through repairs to Council infrastructure associated with any use associated with the extended operation of the Café;
Determination of an appropriate annual fee for the right to use the land;
Appropriate restrictions on access to the café using parkland and the pathway by service vehicles essential for maintenance and service;
A prohibition on access to the Café by personal or product delivery vehicles; and
The capacity to modify or cancel the lease should public concerns or repetitive damage to Council infrastructure warrant such action.
ATTACHMENTS 1.
Previous Report to Council Meeting on 26 October 2015
2.
Harbour Master Proposed Licence Area
3.
National Hierarchy of Licence Classes
ITEM 5.8
PAGE 47 Report to Council meeting on 23 November 2015
RECOMMENDATION That Council receive the report of the Development and Health Services Manager and: a)
authorise a twelve month licence agreement for the extended operation of the Harbourmaster’s Café in the area outlined in green on attachment 2 to this report;
b)
require the licence agreement to contain clauses that ensure;
c)
continued access for the public to the parklands and pathway encompassed in the licensed area;
Murphy Investments (Tas) Pty Ltd to indemnify Council against any damage caused to Council infrastructure by the operation of the Café;
appropriate restrictions on vehicle access to the Café;
an initial annual licence fee of $1,000, paid in advance;
provisions for the annual review of the licence conditions and the annual licence fee;
provisions for the amendment or cancellation of the licence by Council at any time should it be considered necessary to do so because of such matters as public complaint or repetitive damage to Council infrastructure;
require as a pre-requisite to the execution of the licence agreement that Mr Murphy provides information acceptable to Council about professional indemnity insurance, permanent infrastructure intended to be installed in the licensed area, details of intended trading hours in the licensed area and approval from Tas Rail for the erection of a fence at height no greater than the current rail line.
Author: Position:
Brian May Development Manager
Endorsed By: Position:
ITEM 5.8
Matthew Atkins Deputy General Manager
PAGE 48 Previous P Repo ort to Counciil Meeting on n 26 October 2015
ITEM 5.8
ATTTACHMENT [1 1]
PAGE 49 Previous P Repo ort to Counciil Meeting on n 26 October 2015
ITEM 5.8
ATTTACHMENT [1 1]
PAGE 50 Previous P Repo ort to Counciil Meeting on n 26 October 2015
ITEM 5.8
ATTTACHMENT [1 1]
PAGE 51 Previous P Repo ort to Counciil Meeting on n 26 October 2015
ITEM 5.8
ATTTACHMENT [1 1]
PAGE 52 Previous P Repo ort to Counciil Meeting on n 26 October 2015
ITEM 5.8
ATTTACHMENT [1 1]
PAGE 53 Previous P Repo ort to Counciil Meeting on n 26 October 2015
ITEM 5.8
ATTTACHMENT [1 1]
PAGE 54 Harbour H Mastter Proposed Licence Are ea
ATTTACHMENT [2 2]
ITEM 5.8
PAGE 55 National N Hierarchy of Lice ence Classess
ATTTACHMENT [3 3]
ITEM 5.8
PAGE 56 Report to Council meeting on 23 November 2015
5.9
PANDEMONIUM - TRANSFER OF ASSETS File: 26984 D393774
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.5.1
Support the provision of facilities and services that encourage lifelong learning, literacy and meet the information needs of the community
SUMMARY To authorise the removal of assets from Council’s Assets list pertaining to items formerly in use at Pandemonium as part of the former Imaginarium’s activities.
BACKGROUND Council had an arrangement with the previous owners of Pandemonium to use certain items which related to science displays. A list of items is below which show a written down value of $24,754.96. The Council has been working towards transitioning away from activities relating to the Imaginarium since the commencement of the original arrangements with the previous owners. The Council has thus reduced its financial commitment over the last five years significantly. Asset Number F003346 F003357 F003359 F003361 F003363 F003387 F003389 F003391 F003396 F003406 F003407 F003427 F003431 F003432 F003434 F003459 T000213
Description Student Microscopes (2 off) Display Panels x6, self-supporting, black, full length Tiered seating, wooden/metal seats 100 people, two sections World Maps x3, banner-vinyl, 2x Political and 1x Physical, 3000mm x 1885mm Tower Puzzle Air Message Tube Whispering Dishes Bernoulli Blower (ex Scitech) Pendulum Parrot Wonky Wheels Larger than Life Seven Bridges Echo Tube and Stand Igloo, vinyl, in blocks for assembly Coffee Machine – Carimali * Telefunken 42 Plasma Television
Current Asset Cost 1,274.63 8,946.39 10,224.44 4,182.73
Current Dep’n 1,274.63 6,409.99 8,350.39 2,962.47
Written Down Value 0.00 2,536.40 1,874.05 1,220.26
6,437.54 9,913.81 10,224.44 13,905.08 6,390.28 11,618.68 7,668.33 11,502.50 8,133.08 6,437.54 10,224.44 3,860.00 1,001.84
6,437.54 9,913.81 7,155.09 13,905.08 4,739.48 8,617.48 5,687.57 8,531.18 6,032.30 6,257.81 8,350.39 1,963.50 602.08
0.00 0.00 3,069.35 0.00 1,650.80 3,001.20 1,980.76 2,971.32 2,100.78 179.73 1,874.05 1,896.50 399.76
131,945.75
107,190.79
24,754.96
*Not currently located
The assets are valued at the current replacement cost and are in reasonably poor condition having been in service for many years.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
ITEM 5.9
PAGE 57 Report to Council meeting on 23 November 2015
DISCUSSION With the sale of the business and the cessation of previous arrangements regarding the items, the new owners of Pandemonium believed that the items transferred with the business became their property. In reality Council has no further use for the items and it would make sense for them to be permanently ‘gifted’ to the operator as they no doubt may continue to be useful to the business whilst at the same time having little, if any use or value to Council.
COMMUNITY ENGAGEMENT There has been no community engagement as a result of this report.
FINANCIAL IMPLICATIONS The decision by Council to transfer the assets to the owners of Pandemonium would result in $24,754.96 worth of assets being removed from Council’s asset list and corresponding Loss on Disposal reflected in the Statement of Profit or Loss.
RISK IMPLICATIONS There are no risks relating to this report.
CONCLUSION As some of the items are in poor condition or of no use to Council, it is considered that they should be transferred to Pandemonium and the amount of $24,754.96 written off Council’s asset register.
ATTACHMENTS Nil
RECOMMENDATION That Council transfer by way of ‘gift’ the items listed in this report to the new owners of the Pandemonium resulting in the writing-off of the sum of $24,754.96 from the Assets Register.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 5.9
Paul West General Manager
PAGE 58 Report to Council meeting on 23 November 2015
5.10
AUSTRALIAN MASTERS GAMES File: 31682 D393923
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.1.1
Provide sport, recreation and leisure facilities and programs to meet the needs of the community
SUMMARY This report is provided to assist Council in determining its nominee to the Australian Masters Games Cradle Coast Participation Committee.
BACKGROUND Council has previously determined that it will support the 2017 Australian Masters Games on the North West Coast. Cradle Coast Authority is the auspicing body and has entered into a contract with the Confederation of Australian Sport (CAS).
STATUTORY REQUIREMENTS There are no statutory requirements that specifically relate to the subject matter.
DISCUSSION Correspondence from the Chairman of the Cradle Coast Authority Board was received on 13 November 2015 seeking Council to nominate a representative to the ‘Participation Committee’ (refer attachment). This correspondence indicates that the Games Organiser, CAS has commenced the process of sport selection/venue determination. CAS has indicated that they hope to have preliminary reports on sport selection and venue determination completed by early December. Each Council has been invited to nominate one person, being either an elected member or staff person to the ‘Participation Committee’. Following discussion with the Mayor it was determined that at this point of the planning phase there would be merit in appointing a Devonport Council staff representative to the ‘Participation Committee’. It is on that basis that it is recommended to Council that Council’s Executive Manager Corporate, Community & Business Services, Shane Crawford be Council’s nominee.
COMMUNITY ENGAGEMENT There has been considerable information in the local media around the successful bid by the Cradle Coast region in attracting the 2017 Australian Masters Games.
FINANCIAL IMPLICATIONS There is a financial commitment required by all participating councils and determining how that is distributed will likely be one of the subjects for the ‘Participation Committee’. Both the State and Federal Governments have also provided a financial commitment to the Games.
ITEM 5.10
PAGE 59 Report to Council meeting on 23 November 2015
RISK IMPLICATIONS No risks have been identified in Council providing a nominee to the ‘Participation Committee’.
CONCLUSION The report is provided for the determination of Council.
ATTACHMENTS 1.
Cradle Coast Authority Memo - Chairman Glynn Williams
RECOMMENDATION That Council following a request from the Cradle Coast Authority nominate the Executive Manager Corporate, Community & Business Services, Shane Crawford to the Australian Masters Games Cradle Coast Participation Committee.
Author: Position:
Paul West General Manager
ITEM 5.10
PAGE 60 Cradle C Coastt Authority Me emo - Chairm man Glynn W Williams
ITEM 5.10
ATTTACHMENT [1 1]
PAGE 61 Cradle C Coastt Authority Me emo - Chairm man Glynn W Williams
ITEM 5.10
ATTTACHMENT [1 1]
PAGE 62 Report to Council meeting on 23 November 2015
5.11
LIVING CITY REFERENCE GROUP MINUTES File: 30346 D394253
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.4.1
Develop and implement a CBD Master Plan aligned to the key LIVING CITY principles based on community engagement outcomes
SUMMARY This report presents the minutes of the LIVING CITY reference group meeting held on 23 October 2015.
BACKGROUND The LIVING CITY Community Reference Group met on 23 October 2015. The group was established to assist Council in the implementation of the LIVING CITY master plan and involves information sharing, advocacy, project advice and feedback.
STATUTORY REQUIREMENTS There are no statutory requirements in relation to this report. Reference groups are not a statutory committee recognised by the Local Government Act 1993. They are established for information purposes and allows Council an opportunity to provide and receive information and advice regarding important projects, issues or topics.
DISCUSSION The third meeting of the LIVING CITY Community Reference Group provided members with an update on the current status. Discussion was held around the opportunity of increasing the Chinese tourist market, negotiations with the preferred conference facility operator and the role of the State Government in delivering Stage 1.
COMMUNITY ENGAGEMENT Council has appointed three community members to this reference group.
FINANCIAL IMPLICATIONS There are no financial implications.
RISK IMPLICATIONS
Political/Governance The LIVING CITY reference group’s role is limited to making recommendations to Council for consideration.
Communication/Reputation The reference group provides another avenue for Council to keep the community informed of its progress and minimise the risk of inaccurate communication occurring.
CONCLUSION The minutes of the LIVING CITY reference group are provided for Council’s information.
ATTACHMENTS 1.
Minutes 23 October 2015 ITEM 5.11
PAGE 63 Report to Council meeting on 23 November 2015
RECOMMENDATION That the minutes of the LIVING CITY reference group be received and noted.
Author: Position:
Rebecca McKenna Project Officer Development
Economic
Endorsed By: Position:
ITEM 5.11
Matthew Atkins Deputy General Manager
PAGE 64 Minutes 23 October 2015
ATTACHMENT [1]
LIVING CITY Reference Group Minutes 23 October 2015 Attendees: Mayor Steve Martin (Chair) Ald Leon Perry Andrew Billing Tim Hess Jodhi Wilkinson James McKee Paul West Matthew Atkins Dennis Hendriks Rebecca McKenna Apologies: John Perry The Hon Jeremy Rockliff MP 1.0 Meeting Opened. The Mayor opened the meeting at 9am and welcomed participants. 2.0 Declarations of Interest No declarations of interest were provided. 3.0 Status Update 3.1 Stage 1 Plans ‐ Matthew Atkins provided an update on the Stage 1 design and presented the latest plans from the architect. 3.2 Food Pavilion Expressions of Interest – Matthew Atkins advised that Expressions of Interest for tenants in Stage 1 has been advertised. 3.3 Construction Tender Update – Paul West provided an update on the Construction Tender process. 3.4 Media Releases – Rebecca McKenna advised that three media releases had been issued since the last meeting. 4.0 Future Progress Matthew Atkins provided a summary of the priorities for the next few months including appointing a construction firm, finalising the funding model, and securing tenants for the food pavilion. Council are also working on securing a new business into the Southern CBD and starting to progress stage 2 (retail) and stage 3 (hotel) of LIVING CITY. 5.0 General Business Jodhi Wilkinson asked about the negotiation progress with City First? Paul West replied that negotiations are continuing with good will from both sides. P + I are negotiating on behalf of Council and expect to finish negotiations early next month and present to Council for a decision.
ITEM 5.11
PAGE 65 Minutes 23 October 2015
ATTACHMENT [1]
Andrew Billing asked what the Seating Capacity of the Conference Facility is? Matthew Atkins replied up to 800 seats depending on the configuration and outlined the various break out spaces in the precinct. Tim Hess spoke about the need to be proactive in order to benefit from the increasing from the Chinese tourism market. The Mayor asked James McKee about the role of the Coordinator General’s office. James McKee spoke about the increasing resources in the office. He also spoke regarding the State Government’s commitment to “turning the Northern economies around” and that they have identified the need to capitalise on project benefits beyond just infrastructure, in order to attract new investment in the region. 6.0 Next Meeting Friday 18th December 2015 commencing at 9am. The Mayor closed the meeting at 9.35am.
ITEM 5.11
PAGE 66 Report to Council meeting on 23 November 2015
5.12
FINANCIAL ASSISTANCE WORKING GROUP RECOMMENDATION File: 30690 D394480
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.7.3
Attract and promote equitable distribution and sharing of financial and other resources throughout the community
SUMMARY To present the Financial Assistance Working Group’s recommendation in relation to a late submission for rates remission under the 2015/16 Financial Assistance Scheme.
BACKGROUND Through the provision of a Financial Assistance Scheme, the Council supports projects, programs and activities developed for the benefit of Devonport’s residents and visitors. Six areas of assistance are available, one of which is the subject of this report:
Rate Remissions - provides rate support for social, cultural, environmental, sport and recreational initiatives and events held in Devonport that attract locals and visitors creating commercial benefits for the City.
For the 2015/2016 financial year, the Community Financial Assistance Working Group was responsible for assessing the financial assistance applications.
STATUTORY REQUIREMENTS Section 77 of the Local Government Act 1993 outlines Council’s requirements in regard to grants and benefits: (1)
A council may make a grant or provide a pecuniary benefit or a non-pecuniary benefit that is not a legal entitlement to any person, other than a councillor, for any purpose it considers appropriate. (1A) A benefit provided under subsection (1) may include –
(2)
(a)
in-kind assistance; and
(b)
fully or partially reduced fees, rates or charges; and
(c)
remission of rates or charges under Part 9.
The details of any grant made or benefit provided are to be included in the annual report of the council.
The details of awarded grants will be reported in the 2015/16 Annual Report.
DISCUSSION On 10 November 2015 Council received a late Rates Remission application from Mersey Care Inc for consideration, for 2015/2016 Financial Year. There was some confusion by Mersey Care regarding the application process which has now been clarified. Council has supported Mersey Care Inc over a number of years through the provision of a rates remission. The application was considered by the Working Group of Aldermen (appointed by Council) and they recommended to Council that it receive support.
ITEM 5.12
PAGE 67 Report to Council meeting on 23 November 2015
Organisation
Street Address
Mersey Care Inc.
167 Steele Street, DEVONPORT
General Rate Value
Amount Recommended
$1,910.73
$1,910.73
COMMUNITY ENGAGEMENT Details of the grants program including the application process is available on Council’s website and is publicised in July of each year.
FINANCIAL IMPLICATIONS The rates remission will be funded through 2015/16 Community Financial Assistance budget allocations.
RISK IMPLICATIONS There is a risk that if the organisation is not successful in being awarded rates remission for which they have applied, they may be critical of Council’s decision in relation to the allocation of grants. There is also a slight risk that if that if the rates remission is awarded that other organisations and the community are critical of an organisation receiving a rates remission after the close of the grant round.
CONCLUSION The Community Financial Assistance Work Group recommends that Council approve the rates remission to the value of $1,910.73.
ATTACHMENTS Nil
RECOMMENDATION That Council receive the Financial Assistance report and determine that the following rate remission as listed be approved: Organisation
Mersey Care Inc.
Author: Brooke de Jong Position: Community Development Manager
Property Address
167 Steele Street, DEVONPORT
and
Cultural
General Rate Value
$1,910.73
Fund Amount ($)
$1,910.73
Endorsed By: Shane Crawford Position: Executive Manager Community & Business Services
ITEM 5.12
Corporate,
PAGE 68 Report to Council meeting on 23 November 2015
6.0
INFORMATION
6.1
GENERAL MANAGER'S REPORT - NOVEMBER 2015 File: 29092 D372082
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.8.2
Ensure access to Council information that meets user demands, is easy to understand, whilst complying with legislative requirements
SUMMARY This report provides a summary of the activities undertaken by the General Manager, 21 October to 17 November. It also provides information on matters that may be of interest to Aldermen and the community.
BACKGROUND The report is provided on a regular monthly basis and addresses a number of management and strategic issues currently being undertaken by Council. The report also provides regular updates in relation to National, Regional and State based local government matters as well as State and Federal Government programs.
STATUTORY REQUIREMENTS Council is required to comply with the provisions of the Local Government Act 1993 and other legislation. The General Manager is appointed by the Council in accordance with the provisions of the Act.
DISCUSSION 1.
COUNCIL MANAGEMENT 1.1.
Attended and participated in a number of internal staff and management meetings.
1.2.
Attended Workshops, Section 23 Committee and Council Meetings as required.
1.3.
Council’s 2015 Annual General Meeting was held in the Council Chambers on Wednesday 28 October 2015. The event was attended by Aldermen, staff and five members of the public. Minutes of the meeting are the subject of a separate report included on this agenda.
1.4.
Council was recently presented with a Work Safe Tasmania Award as part of Work Safe Month. The Award was in recognition of the development of a sign post hydraulic pin lifter, designed by the outdoor workforce. The pin lifter removes the manual handling and projectile risks associated with maintenance to sign posts. This design initiative has been readily adopted and used by other councils since being developed at Devonport.
1.5.
Attended a meeting of the Audit Panel. The Audit Panel consists of three independent members and two Aldermen. The Panel is chaired by Sue Smith. Minutes of the Audit Panel meeting have been provided in a separate report on this agenda.
ITEM 6.1
PAGE 69 Report to Council meeting on 23 November 2015
2.
3.
1.6.
Participated in a teleconference with Sports Marketing Australia to discuss their work with Council regarding attracting events to Devonport. In particular there was a focus around securing third party support in meeting the costs of the program.
1.7.
In the lead up to Christmas / New Year it is proposed that the normal arrangements relating to Council services at this time of the year will apply. The City Offices will close at 1:00 pm on 24 December and reopen on Monday 4th January 2016.
LIVING CITY 2.1.
Continued to be involved in numerous meetings and discussions surrounding LIVING CITY.
2.2.
Attended the LIVING CITY Community Reference Group meeting held in the Council Chambers. The minutes from this meeting have been provided under separate report on this agenda.
2.3.
Signed the Development Applications associated with Stage 1 of LIVING CITY. It has been established that both application are discretionary in nature and will now proceed through the normal assessment process.
2.4.
The formal agreement with the Australian Government for funding of $9.99 million has been signed. The Agreement provides that the money will be paid to Council in instalments in line with agreed milestones.
COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.
Discussed arrangements with Sea FM regarding their offer to become the principal sponsor of the New Year’s Eve Fireworks. As noted to the Council meeting on 26 October the New Year’s Eve celebrations will be badged this year as “Sea FM City of Devonport Sky Fire”.
3.2.
Attended the National Water Week Poster Competition announcements by Tas Water at the Devonport City Council Chambers. This event is a Statewide event organised by Tas Water to encourage primary school children to become water conservation aware. A number of the winners announced represented schools from Devonport and surrounding areas.
3.3.
At the request of the Rotary Club of Devonport North attended their meeting as guest speaker. The main topic of conversation was Council’s LIVING CITY project. Generally the feedback received was extremely positive with members looking forward to Council progressing the implementation phase.
3.4.
Attended the re-launch of the Spirit of Devonport Ferry. The event was extremely well supported with the main focus of activities on the East Devonport side of the river.
3.5.
Met with the Chairperson of the DCCI Young Leaders Group to discuss arrangements for New Year’s Eve. The purpose of the meeting was to discuss concerns expressed on local radio regarding the potential changes to the event. As a result of securing Sea FM as a sponsor the focus of the meeting changed to encouraging the Young Leaders Group to become actively involved in the event by volunteering to assist on the night and also to identify other sponsorship opportunities.
ITEM 6.1
PAGE 70 Report to Council meeting on 23 November 2015
4.
3.6.
Met with the owner of the Harbourmaster’s Café to discuss matters relating to his development. The matter previously being considered by Council at its meeting on 28 September and further at a Workshop on 19 October.
3.7.
Met with operator of Drift Café to discuss matters related to extending some of his activities into the public open space area adjacent to the Café.
3.8.
Met with the local Tas Police Inspector for a catch up on matters of interest including ways for improving the time it takes to deal with the removal of abandoned vehicles. Prior to Council being able to remove a vehicle that is or has become abandoned it has to refer the matter to Tas Police for clearance. Council can only remove the vehicle once clearance has been provided in writing from the Police. The distinction between roads controlled by Council compared to State Government roads can further complicate the dealing with this issue from time to time.
3.9.
Met with the President of the Don Cricket Club to discuss matters surrounding Council’s decision to introduce its new sports grounds leasing policy.
3.10.
With the Mayor and Deputy Mayor attended the Remembrance Day Service at the Devonport Cenotaph.
NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.
As an appointed representative attended a meeting of the Shared Services Working Group at the Cradle Coast Authority (CCA). The Working Group was established by the CCA Representatives for the purpose of developing a Project Brief for seeking expressions of interest to undertake a study relating to enhanced resource sharing / shared services in the region. A modified Memorandum of Understanding which included a draft Project Brief was provided by the Working Group to the Local Government Division for feedback and input on 28 October. The next meeting of the Working Group is scheduled in early December. There will be a need for Council to further consider its involvement in the proposed project in the near future. It is apparent that there will be more advantages to Council being on the “inside” rather than the “outside” of any study undertaken. Although the project brief is specifically confined to shared services / resource sharing, It is very broad and will likely provide to councils a number of opportunities for delivery of services in the future. At present it is likely the total costs incurred by councils (after State Government contribution) could be around $100K. On this basis the contribution by Devonport based on a per council formula would be $11,111 (ex GST). The cost on the population based formula (used to determine Cradle Coast Authority subscriptions) would be approximately $22,000. Council previously determined (Min 166/15 refers) ‘to reserve its decision on participating any further in the proposed shared services study until it has been provided with a detailed project brief outlining the parameters of the work to be undertaken and a scope of the deliverables expected’. Finalising the project brief and MoU with the State Government is progressing well and there will be a need for decisions to be made in the near future on whether Devonport will participate or not. It is likely that the matter will be subject of further discussion at the CCA Representatives Meeting on 26 November. To expedite the decision as to whether Council is a participant or ITEM 6.1
PAGE 71 Report to Council meeting on 23 November 2015
not, it is recommended to Council that it delegates the final decision to the Mayor and Ald Goodwin, as Council’s nominated representatives to the Cradle Coast Authority.
5.
4.2.
With the Mayor attended the Local Government Association of Tasmania (LGAT) General Meeting at the Brighton Civic Centre. The agenda for the meeting had previously been referred to Council for information.
4.3.
The President and Chief Executive Officer of the Local Government Association of Tasmania visited Council on 11 November. This was a visit to allow the new President and CEO to outline the priorities for the Association moving forward.
OTHER 5.1.
Met with the Chief Executive Officer of Tas Plan Superannuation. Tas Plan is the body now responsible for the majority of local government employees superannuation following the merging of the former Quadrant and Tas Plan organisations.
COMMUNITY ENGAGEMENT The information included above details any issues relating to community engagement.
FINANCIAL IMPLICATIONS Any financial or budgetary implications related to matters discussed in this report will be separately reported to Council. There is not expected to be any impact on the Councils’ operating budget as a result of this recommendation.
RISK IMPLICATIONS Any specific risk implications will be outlined in the commentary above. Any specific issue that may result is any form of risk to Council is likely to be subject of a separate report to Council.
CONCLUSION This report is provided for information purposes only and to allow Council to be updated on matters of interest.
ATTACHMENTS 1.
Action Report on Council Resolutions - November 2015
RECOMMENDATION That: 1.
the report of the General Manager be received and noted; and
2.
that Council delegate to the Mayor and Ald Goodwin, as its nominated Representatives to the Cradle Coast Authority, the final decision as to whether Devonport is a participant in the Cradle Coast Region Shared Services Project.
Author: Position:
Paul West General Manager
ITEM 6.1
PAGE 72 Action Report on Council Resolutions - November 2015
ATTACHMENT [1]
DEVONPORT CITY COUNCIL ACTION REPORT ON COUNCIL RESOLUTIONS - NOVEMBER 2015 OPEN SESSION MEETING DATE
RESOLUTION NO
October 2015
RESOLUTION/ITEM
STATUS
COMMENTS
207/15
PA2015.0116 - 246 Brooke Street East Devonport
Completed
Development Permit issued.
208/15
Live and Learn Strategy
Completed
To be launched Friday, 20 November 2015 by Deputy Premier, Jeremy Rockliff
EM (CS)
209/15
National Trust Australia (Tas) Partnership Agreement and Strategic Plan for Home Hill Contract 1299 William Street Pavement Reconstruction Steele to Tasman Street
Granted conditional approval to use and develop land identified as 246 Brooke Street, East Devonport for a 2 lot subdivision - one additional lot for storage and development of purpose built storage building for Agricultural use. Endorsed the Strategy and agreed to fund the cost of launching the Strategy at a community event to be held at the Bass Strait Maritime Centre on 12 November 2015. Enter into a three year partnership agreement with National Trust Australia (Tasmania) for Home Hill which includes an annual cash contribution to the Trust of $28,000 ensuring ongoing operations at Home Hill. Endorse the Strategic Plan 2015-2018. a) noted increased scope of works incurring additional $120,000 for project, funded from savings in transport projects previously awarded; b) award Kentish Construction and Engineering Company Pty Ltd contract for tendered sum $492,647 (ex GST) Proceed with removal of steel roof structure and existing concrete block walls to approximately 900mm above the slab level.
Completed
National trust advised of Council’s decision by letter dated 29 October 2015. Partnership Agreement signed by both parties.
GM
Completed
Contract has been awarded.
DGM
Completed
Contractor has been engaged.
DGM
210/15
211/15
RESPONSIBLE OFFICER
TOPIC
Mersey Bluff Sound Shell Community Comments
ITEM 6.1
DGM
PAGE 73 Action Report on Council Resolutions - November 2015
MEETING DATE October 2015
RESOLUTION NO 213/15
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
Rooke Street Mall Play Equipment
b) progress submission from Imagination Play for purchase and installation of silhouette urban play equipment up to $80,000; and c) note anticipated supply period 12 weeks from order placement. Advise Rotary Club of Devonport North Council maintains a strong commitment to the project and will contribute $15,000 towards revised feasibility study. IWC 36/15 Adopt revised Driveway Policy with immediate effect. IWC 38/15 Offer Mr & Mrs Wyllie to fund construction of a subsoil drain and swale drain along northern boundary of 160B Sheffield Road as recom-mended by consultants SEMF Pty Ltd. CSC 30/15 Consideration in 2016-2017 budget of installation of: ablution and BBQ facilities at Horse Head Creek Reserve; and signs to deter unauthorized driving in Pioneer Park and consider implementing infringement process. CSC 32/15 Endorse East Devonport Bike Safety Park proposal as priority for external grant application funding and possible future capital works funding.
In progress
Order issued.
Completed
Letter forwarded to Rotary Club of Devonport North advising of Council’s decision on 29 October 2015.
215/15
Seawalk Project - Mersey Bluff
219/15
Infrastructure Works & Development Committee Meeting - 12 October 2015
220/15
ATTACHMENT [1]
Community Services Committee Meeting - 19 October 2015
ITEM 6.1
GM
DGM
Completed In progress
RESPONSIBLE OFFICER DGM
Formal written advice provided to Mr & Mrs Wyllie.
EM (CS) Completed
Added to CAPEX Budget list for consideration.
In progress
Working with EDBSP and EDFC Committee to identify suitable grants.
PAGE 74 Action Report on Council Resolutions - November 2015
MEETING DATE October 2015
RESOLUTION NO 220/15 (cont.)
TOPIC
ATTACHMENT [1]
RESOLUTION/ITEM
STATUS
CSC 33/15 Approve purchase of the Fiona Tabart#Scrimshaw, 2014 artwork for inclusion in the permanent art collection. CSC 34/15 Approved Economic Development & Sponsorship Grants.
Completed
In progress
COMMENTS
RESPONSIBLE OFFICER EM (CS)
All successful/unsuccessful grant applicants notified, to respond by 4 December 2015.
Previous Council Resolutions - still being actioned MEETING DATE August 2015
RESOLUTION NO
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
164/15
Land at 260 Steele Street, Devonport - Off Leash Dog Area and other community uses
Note report regarding possible use of land at 260 Steele Street, Devonport and: a) proceed with installation of an off leash dog area at northern side of property utilising $30,000 budget allocation in 201516 operational budget; and b) request that a further report be provided which considers community storage options for former office building and sheds in accordance with Devonport Interim Planning Scheme and likely budgetary requirements.
In progress
Crown Land’s advice received. Dog exercise area a permitted use under the lease. Total to complete work is $35,000. Proposed to proceed with works resulting in over expenditure of budget line item. Application was forwarded to Crown Lands Services advising of works to be undertaken and now awaiting final sign off. Report being prepared for future Council meeting regarding planning requirements.
174/15
Community Services Committee Meeting - 17 August 2015
CSC 21/15
Completed
CSC 25/15
Further report be provided detailing impact, costs and level of community support for a Bike Safety Park within Pioneer Park, East Devonport. Seek community feedback on potential lighting of Meercroft Park and/or Byard Park; with further report provided to Council.
ITEM 6.1
In progress
RESPONSIBLE OFFICER GM
EM (CS)
Report to Community Services Committee in December 2015.
PAGE 75 Action Report on Council Resolutions - November 2015
MEETING DATE August 2015
RESOLUTION NO
TOPIC
174/15 (cont.)
July 2015
145/15
East Devonport Public Art Project Proposal
June 2015
121/15
LIVING CITY National Stronger Regions Fund Grant Deed
130/15
Community Services Committee Meeting - 15 June 2015
February 2015
30/15
Entry Corridor Ferry Terminal to Bass Highway Ald J F Matthews
ATTACHMENT [1]
RESOLUTION/ITEM
STATUS
COMMENTS
CSC 26/15
In progress
Youth Focus groups currently being developed. Community Survey currently open on Speak Up Devonport, closes 7 December 2015. Brief has been finalised and will be distributed by no later than 20 November 2015.
Youth Engagement Plan be endorsed CSC 27/15 Undertake a Devonport Community Survey for benchmarking purposes. Seek expressions of interest for the project in line with project brief - further report to be provided to Council once expressions of interest have been received and evaluated. Noted success of application from Round 1 of Australian Government’s National Stronger Regions Fund and authorised General Manager to negotiate, finalise and execute Deed of Agreement with the Australian Government by due date. CSC 11/15 b) seek detailed Officer’s report on request from Devonport Gymnastics Club relating to new building/clubhouse for consideration and potential inclusion in Council’s long term asset and financial plans. CSC 13/15 b) seek Department of State Growth advice re potential installation of signage outlining Devon-port attractions on Tarleton Street/Bridge Road. Eastern Shore Committee be requested to review original Eastern Shore Redevelopment Plans to develop an approach to prioritising enhancement of road corridors from Spirit of Tasmania Ferry Terminal at East Devonport and the Bass Highway.
ITEM 6.1
In progress
In progress
Completed
Contract signed.
In progress
Report being prepared for Community Services meeting, December 2015, waiting on quotes/plans from Gym Club.
In progress
Existing directional signage being reviewed by Infrastructure & Works Department.
In progress
Matter to be discussed at Council Workshop on 7 December.
RESPONSIBLE OFFICER EM (CS)
EM (C&B)
DGM (IW&D)
EM (CS)
EM (CS)
PAGE 76 Action Report on Council Resolutions - November 2015
ATTACHMENT [1]
CLOSED SESSION MEETING DATE October 2015
RESOLUTION NO 223/15
TOPIC LIVING CITY (Stage 1)
RESOLUTION/ITEM
STATUS
Received and noted report regarding evaluation of expressions of interest from construction contractors and invited contractors to participate in phase two of the tender process. Noted engagement of probity advisors for tender process.
Completed
RESPONSIBLE OFFICER DGM
COMMENTS
Previous Council Resolutions - still being actioned MEETING DATE September 2015
RESOLUTION NO 202/15
December 2014
320/14
TOPIC LIVING CITY Land Acquisition LIVING CITY Business and Professional Precinct Proposal
RESOLUTION/ITEM
STATUS
Authorise General Manager to negotiate purchase of required land at a value up to $25,000 (exc GST) Support preparation in conjunction with Devonport Central Pty Ltd of proposal for new business relocation into King Street.
In progress
ITEM 6.1
Ongoing
RESPONSIBLE OFFICER DGM
COMMENTS
Awaiting response potential tenant.
from
DGM (IW&D)
PAGE 77 Report to Council meeting on 23 November 2015
6.2
MAYOR'S MONTHLY REPORT File: 22947 D392533
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.2
Provide appropriate support to elected members to enable them to discharge their functions
SUMMARY This report details meetings and functions attended by the Mayor.
BACKGROUND This report is provided by the Mayor to provide a list of meetings and functions attended by him for the month of October 2015.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION In his capacity as Mayor, Alderman Steve Martin attended the following meetings and functions during the month of October 2015:
Learning Communities Special Interest Group Sonjoy Ghosh, City Of Adelaide Council, Project Manager Free WiFi Lord Mayor Martin Haese, City of Adelaide Council John Edwards WiFI IINET Manager Adelaide with Daryl Knight IINET General Manager Business and Government division. Australian Masters Games (AMG) 2nd – 11th October, Adelaide Meeting Games Board & Management Rob Bradley, Lindsay Cane, Tony Jermyn, Nic Mercer Sports events & venues visited AirBnB Games Village (including accreditation) NW Tasmania Tourism Booth – manned as well Boxing Darts Fencing Powerlifting Taekwondo Rowing Indoor Basketball, Wayville Stadium SA Athletics Stadium Gymnastics, Marion Leisure & Fitness Centre Cue sports, West Adelaide Football Club Baseball, softball, Barratt Reserve, West Beach Cricket, Para Hills Cricket Club Dragon Boat, River Torrens Soccer, Elite Systems Football Centre, Angle Park Beach Volleyball, Pirie Street, Adelaide Futsal, Parks Recreation & Sports Centre, Angle Park Hockey, State Hockey Centre, Gepps Cross Swimming, SA Aquatic & Leisure Centre, Oaklands Park ITEM 6.2
PAGE 78 Report to Council meeting on 23 November 2015
Lawn Bowls, Marion Bowling Club, Marion Netball & indoor Netball, Priceline Stadium, Mile End South Rowing, West Lakes Table Tennis, Newton Sports Complex, Newton Volleyball, Brighton High School, North Brighton Tenpin Bowling, AMF Bowling Woodville Advocate newspaper – photo & story AMGs President Devonport Football Club, Shane Yates Resident meetings Launched Seniors Week at Orana Ald Jarman & Ald Goodwin Commander Stacy Porter, Australian Navy Acting Secretary of Education, Stephen Conway CEO Cricket Tasmania, David Johnston CEO Netball Tasmania, Julia Phillips CEO Football Federation Tasmania, Mike Palmer Mercury newspaper photo AMGs “Walk in her Shoes” White Ribbon meting Australian Institute of Company Directors breakfast Learning Communities interview North West Film Society – guest speaker film presentation The Junction, Janine Phillis New Focus on Futures Project launch – YFCC Radio 7AD interviews GC Services Annual Spud-athon Devonport Lapidary Club, Open Day Seniors Week Devonport Football Club Annual Dinner Nipples on Ripples, Dragon Boat paddling Grans Van Volunteer Appreciation Afternoon Karen Stone, Graham Kent risk assessment Pirate Day 2016 Matthew Jago, Todd Hendricks – Learning Communities briefing Council Workshop LIVING CITY briefing Learning Communities briefing Harbour Master Café briefing TAS TAFE Board Dinner LGAT breakfast Devonport Embroiderer’s Guild Football Federation TAS launch National Skills Acquisition Program Don College student presentation LIVING CITY Harris Scarfe National Management Advocate interview Community Safety Liaison Committee Sea FM interview ABC Radio interview Learning Communities workshop Don College student Matthew Falconer TAS Water – National Water Week, prize winners Advocate Living City Reference Group Spirit of Devonport launch Hospice Care NW TAS 30th Anniversary Dinner ITEM 6.2
PAGE 79 Report to Council meeting on 23 November 2015
Navy Day Memorial Service – Ulverstone Adam Gowans Mark Cadle Council Ordinary Meeting Lori Hocking, Executive Manager Education Services TAS Tafe John Sales, President Devonport Cricket Club “Walk in Her Shoes” Committee meeting Devonport Linc – embroidery display Six Rivers Aboriginal Committee, Deputy Mayor Rockliff Officially Opened Devonport Embroiderer’s Guild Annual Exhibition Cheryl Sheehan, President Devonport Basketball Council Devonport Council’s Annual General Meeting LGAT General Meeting - Hobart Craig Martin, Deputy Director Sport & Rec DPAC - Hobart Mayor’s Professional Development day – Hobart Senator Jacqui Lambie – Australian Masters Games update
The Mayor’s report regarding the Australian Masters Games trip to Adelaide is attached. Following a visit to Maribyrnong Sports Academy and University of Victoria by the Mayor, Ald Goodwin and Ald Emmerton a follow up opportunity has presented for a visit to sporting clubs and associated facilities in Melbourne. Arrangements have been made for the Mayor and Deputy Mayor to attend in early December.
ATTACHMENTS 1.
Mayor's Report - Australian Master's Games - ADELAIDE 2nd – 12th October Report
RECOMMENDATION That the Mayor’s monthly report be received and noted.
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 6.2
Paul West General Manager
PAGE 80 Mayor's Report - Australian Master's Games - ADELAIDE 2nd – 12th October Report
ATTACHMENT [1]
ADELAIDE 2nd – 12th October Report Met with Adelaide City Council’s Sonjoy Ghosh, Project Manager Free WIFI o Identified public open spaces to site free wifi including CBD, parks & reserves – priority zones High traffic & social areas were priorities o Gained 2/3 project support from State Government o Put concept out to tender - 5 year period IINEt was successful They own the equipment & run the data Access points off 200 street lights Feeds back data to Council Where people gather Where they go after o Good planning tool Benefit – not owning equipment – keeps options open for future o Adelaide into its 1st year of contract o Covers 1/3 of Adelaide City – 23% of square footage Peoples workplaces CBD Parklands Council owned buildings Skateboard park Pool o Have agreement with IINET in regards to mobile towers that can be moved into place in areas of need Cost involved Example would be Taste the Harvest Encourage people to take photos and make comment on line o Looking to make Adelaide the “Smart City” Smart parking Smart lighting Creating new industries ITEM 6.2
PAGE 81 Mayor's Rep port - Australlian Master's Games - AD DELAIDE 2nd – 12th October Report
ATTA ACHMENT [1]]
Inn novation h hub o Mayb be an opportunity in regard ds to Fed deral Gra ants aroun nd green n initiatiives LED lighting could be accesss points Sensity – sma art LED lig ghts – partnering witth Cisco Me et with City of Ade elaide’s Lo ord Mayor Martin Haese H (lefft) along with CEO O Rodney Harrex (right) o Recap pped on free f wifi frrom discussion with Sonjoy
o Discusssed the LM’s L intere he co-founded the e est in entrepreneurialism – h South Australian Entrepre eneur Org ganisation n
Me et with Joh hn Edward ds WiFI IIN NET Manag ger Adela aide with D Daryl Knig ght IINET Ge eneral Ma anager Business and d Governm ment divission. o IINET will w look to o make a available a Tasman nian repre esentative to come e to talk k with Cou uncil Au ustralian Masters M Ga ames – as per Mayo or’s Month hly Reportt o Mayo or Peter Frreshney, C Councillor Gary Ca arpenter & CCA CEO C Brettt Smith also atten nded o Visited d numerous venuess and talk ked with participant p ts
ITEM 6.2
PAGE 82 Mayor's Rep port - Australlian Master's Games - AD DELAIDE 2nd – 12th October Report
ATTA ACHMENT [1]]
Manly Se ea Eagless Touch Football F side with Devonpo ort Cradle e Country booklet – left Hobart Masters M Ne etball side e with Anv vers Choco olates - rig ght o Attended Clossing Cere emony an nd on be ehalf of tthe Crad dle Coastt Autho ority receiived the Australian n Master’s Flag, in ndicating the 2017 7 AMGss officially handed o over to NW W Tasman nia Left accepting AM MG’s Flag g from Le eon Bigne ell, South Australian A n Minister for Tourism m, Sport & Recreatio on Right - La aunceston n Masters Netballers get in on n action
Most who o I spoke with w are excited e ab bout the prospect p of coming g to Tasm mania with h a large p percentag ge not hav ving visite ed Tasman nia. Very posiitive reception Thank yo ou for the opportuni o ity to atte end.
ITEM 6.2
PAGE 83 Report to Council meeting on 23 November 2015
6.3
WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST COUNCIL MEETING
Council is required by Regulation 8(2)(c) of the Local Government (Meeting Procedures) Regulations 2015 to include in the Agenda the date and purpose of any Council Workshop held since the last meeting. Date 9/11/2015
11/11/2015
Description Tasmanians for Recognition
Purpose Presentation provided to the Aldermen by representative of Tasmanians for Recognition. Harbourmaster’s Café Further discussion by Aldermen on the request by the operator of the Harbourmasters Café regarding use of Council land, access issues and safety concerns with people accessing the area directly across the railway line. Segway Licence An application has been approved under Council’s Reserves Bylaw for a licence to operate a Segway commercial activity on Council’s shared pathway from Formby Road/Victoria Parade through to Don Reserve. Drift Café A request from the operator of Drift Café to have permission to use the grassed area in front of the café for licencing purposes and the holding of specific events. Art Gallery Feasibility Study A confidential briefing provided to Aldermen on preliminary plans for incorporating the Art Gallery into the LIVING CITY precinct. Potential service delivery An outline provided on the potential changes in conjunction with service delivery impacts that may occur as LIVING CITY is developed. LIVING CITY LIVING CITY Financials A briefing on the development of the funding model associated with LIVING CITY. Local Government Association The President and Chief Executive Officer of Tasmania of LGAT visited Council and met with Aldermen.
RECOMMENDATION
That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted. Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 6.3
Paul West General Manager
PAGE 84 Report to Council meeting on 23 November 2015
7.0
SECTION 23 COMMITTEES
7.1
GOVERNANCE AND NOVEMBER 2015
FINANCE
COMMITTEE
MEETING
-
16
File: 29468 D394403
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.2
Provide appropriate support to elected members to enable them to discharge their functions
SUMMARY The purpose of this report is to receive the minutes and endorse the recommendations provided to Council by the Governance and Finance Committee meeting held on Monday, 16 November 2015.
ATTACHMENTS 1.
Minutes - Governance and Finance Committee - 2015/11/16
RECOMMENDATION That the minutes of the Governance and Finance Committee meeting held on Monday, 16 November 2015 be received and the recommendations contained therein be adopted. GFC 46/15
Annual Plan Progress Report - September-October 2015
GFC 47/15
Meeting Timetable - December 2015 to December 2016
GFC 48/15
Elected Members' Expenditure Report - September/October 2015
GFC 49/15
Finance Report for October 2015
GFC 50/15
Governance & Finance Report
Author: Position:
April Nelson Executive Assistant - Governance
Endorsed By: Position:
ITEM 7.1
Paul West General Manager
PAGE 85 Minutes - Governance and Finance Committee - 2015/11/16
ATTACHMENT [1]
MINUTES OF A GOVERNANCE AND FINANCE COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, 44-48 BEST STREET, DEVONPORT ON MONDAY, 16 NOVEMBER 2015 COMMENCING AT 6:00PM PRESENT:
Ald J T Keay (Chairman) Ald C D Emmerton Ald G F Goodwin Ald L M Perry Ald A L Rockliff
Aldermen in Attendance: Ald A J Jarman Ald L M Laycock Ald J F Matthews Council Officers: General Manager, P West Deputy General Manager, M Atkins Executive Manager Corporate & Business, S Crawford Executive Manager Organisational Performance, K Peebles Governance Coordinator, K Hampton Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. 1.0
APOLOGIES There were no apologies received.
2.0
DECLARATIONS OF INTEREST There were no Declarations of Interest.
3.0
PROCEDURAL 3.1 3.1.1
PUBLIC QUESTION TIME QUESTIONS ON NOTICE FROM THE PUBLIC
Nil 3.1.2
QUESTION WITHOUT NOTICE FROM THE PUBLIC
Nil 3.2
QUESTIONS FROM ALDERMEN
Nil
ITEM 7.1
PAGE 86 Minutes - Governance and Finance Committee - 2015/11/16
ATTACHMENT [1]
3.3 NOTICES OF MOTION Nil
4.0 GOVERNANCE AND FINANCE REPORTS 4.1
ANNUAL PLAN PROGRESS REPORT - SEPTEMBER-OCTOBER 2015 (D389676) GFC 46/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Perry
That it be recommended to Council that the 2015/16 Annual Plan Progress Report for the period 1 September to 31 October 2015 be received and noted. For
Ald Keay Ald Emmerton Ald Goodwin
Against Ald Martin Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 4.2
MEETING TIMETABLE - DECEMBER 2015 TO DECEMBER 2016 (D392582) GFC 47/15 RESOLUTION MOVED: SECONDED:
Ald Martin Ald Goodwin
That it be recommended to Council that the report of the General Manager relating to meeting arrangements from December 2015 to December 2016 inclusive be received and endorsed. For
Ald Keay Ald Emmerton Ald Goodwin
Against Ald Martin Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 4.3
ELECTED MEMBERS' (D392605)
EXPENDITURE
REPORT
-
SEPTEMBER/OCTOBER
2015
GFC 48/15 RESOLUTION MOVED: SECONDED:
Ald Emmerton Ald Goodwin
That it be recommended to Council that the report advising of Aldermen expenses be received and noted. Ald Keay Ald Emmerton Ald Goodwin
For
Against Ald Martin Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY ITEM 7.1
PAGE 87 Minutes - Governance and Finance Committee - 2015/11/16
4.4
ATTACHMENT [1]
FINANCE REPORT FOR OCTOBER 2015 (D393230) GFC 49/15 RESOLUTION MOVED: SECONDED:
Ald Goodwin Ald Martin
That it be recommended to Council that the Finance Report for October 2015 be received and noted. For
Ald Keay Ald Emmerton Ald Goodwin
Against Ald Martin Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY 4.5
GOVERNANCE & FINANCE REPORT (D392504) GFC 50/15 RESOLUTION MOVED: SECONDED:
Ald Rockliff Ald Martin
That it be recommended to Council that the Governance and Finance report be received and noted. Ald Keay Ald Emmerton Ald Goodwin
For
Against Ald Martin Ald Perry Ald Rockliff
For
Against
CARRIED UNANIMOUSLY There being no further business on the agenda the Chairman declared the meeting closed at 6.14pm. Confirmed
Chairman
ITEM 7.1
PAGE 88 Council meeting Agenda 23 November 2015
8.0
CLOSED SESSION
RECOMMENDATION That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015, the following be dealt with in Closed Session.
Item No
Matter
Local Government (Meeting Procedures) Regulations 2015 Reference
8.1
Application for Leave of Absence
15(2)(i)
8.2
Unconfirmed Minutes - Cradle Coast 15(2)(g) Authority Board Meeting - 13 October 2015 Dulverton Regional Waste Management Authority Board Meeting - Audit & Risk Committee - 26 October 2015
8.3
Feasibility Review
15(2)(a)
PAGE 89 Council meeting Agenda 23 November 2015
OUT OF CLOSED SESSION RECOMMENDATION That Council: (a)
having met and dealt with its business formally move out of Closed Session; and
(b)
resolves to report that it has determined the following:
Item No
Matter
8.1
Application for Leave of Absence Unconfirmed Minutes - Cradle Coast Authority Board Meeting - 13 October 2015 - Dulverton Regional Waste Management Authority Board Meeting - Audit & Risk Committee - 26 October 2015 Feasibility Review
8.2
8.3
9.0
Outcome
CLOSURE
There being no further business the Mayor declared the meeting closed at <insert time> pm.