Agenda 28 september 2015

Page 1

NOTICE OF MEETING Notice is hereby given that an Ordinary Council meeting of the Devonport City Council will be held in the Council Chambers, 44-48 Best Street, Devonport, on Monday 28 September 2015, commencing at 6:30pm. The meeting will be open to the public at 6:30pm. QUALIFIED PERSONS In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports in this agenda contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.

Matthew Atkins ACTING GENERAL MANAGER 23 September 2015


AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 28 SEPTEMBER 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 - 24 August 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

3.4

NOTICES OF MOTION ....................................................................................................................... 5

3.4.1

Victoria Parade Lighting - Notice of Motion - Ald A J Jarman (D387673) ............................. 5

4.0

PLANNING AUTHORITY MATTERS .................................................................. 6

5.0

REPORTS .................................................................................................. 7

5.1

2015 Masters Games - Adelaide (D386265)............................................................................... 7

5.2

Supply and Delivery of a Backhoe Loader (D384600) .............................................................. 9

5.3

Contract 1292 - Design & Replacement of Bellamy Road Bridge (D385225)..................... 12

5.4

Contract 1296 - Kelcey Tier Road Pavement Renewal (D386435) ...................................... 15

5.5

Contract 1297 - William Street Pavement Reconstruction - Stewart to Steele Street (D386738) ........................................................................................................................................ 18

5.6

Public Address System - Rooke Street Mall (D383044) ............................................................ 21

5.7

Harbourmaster's Cafe (D386646) ................................................................................................ 24

5.8

Request by Devonport Tennis Club for Removal of Trees (D387211) ................................... 31

5.9

LIVING CITY Update - September 2015 (D387632).................................................................. 42

5.10

Taste the Harvest - Financial support request from Lions Club of City of Devonport Inc. (D377985)................................................................................................................................. 47

6.0

INFORMATION ......................................................................................... 52

6.1

General Manager's Report - September 2015 (D372079) ...................................................... 52

6.2

Mayor's Monthly Report (D385524) ............................................................................................. 64

6.3

Workshop and Briefing Sessions held since the last Council meeting (D385967)............... 66

6.4

Alderman Conference Attendance Report (D387033) ......................................................... 67

7.0

SECTION 23 COMMITTEES ......................................................................... 70

7.1

Planning Authority Committee Meeting - 14 September 2015 (D387188) .......................... 70

7.2

Governance and Finance Committee Meeting - 21 September 2015 (D387996) ............ 73

8.0

CLOSED SESSION - CONFIDENTIAL MATTERS ................................................ 79 Out Of Closed Session ................................................................................ 80

9.0

CLOSURE ................................................................................................ 80


PAGE 1 Council meeting Agenda 28 September 2015

Agenda of an ordinary meeting of the Devonport City Council to be held at the Council Chambers, Fenton Way, Devonport on Monday, 28 September 2015 commencing at 6:30pm. PRESENT Present Chair

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

Apology

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 28 September 2015

3.0

PROCEDURAL

3.1

CONFIRMATION OF MINUTES

3.1.1 COUNCIL MEETING - 24 AUGUST 2015 RECOMMENDATION That the minutes of the Council meeting held on 24 August 2015 as circulated be confirmed.


PAGE 3 Council meeting Agenda 28 September 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 28 September 2015

3.2.1

Responses to questions raised at prior meetings There were no questions from the August Council meeting that required a written response.

RECOMMENDATION There were no questions from the August 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 Report to Council meeting on 28 September 2015

3.4

NOTICES OF MOTION

3.4.1 VICTORIA PARADE LIGHTING - NOTICE OF MOTION - ALD A J JARMAN File: 23429 D387673

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015, a notice of motion has been received from Alderman A J Jarman.

ATTACHMENTS Nil

MOTION “That Council Officers be requested to investigate the installation of suitable lighting of sections of the footpath on Victoria Parade. The investigations to include community consultation, costings and other relevant information and be presented for consideration as part of the 2016/17 budget deliberations.”

SUPPORT No supporting comments were provided.

OFFICER’S COMMENTS The popularity of Council‟s shared pathways continues to increase and the installation of lighting along this popular section of track would improve the user experience and safety particularly during winter months. Council has previously considered the installation of lighting along sections of the Victoria Parade walking track and the project is listed as a future consideration within Council‟s forward works program. Public consultation during the 2015/16 budget deliberations did not indicate the project as a high community priority, however the installation of lighting in this area has recently gained significant interest and support on social media. Following a recommendation from the Community Safety Special Interest Group the Community Development Strategic Special Committee at its meeting on 22 September 2015 resolved to recommend to Council that consideration be given in the 2016-17 Capital Budget for lighting along Victoria Parade from the ferry pontoon to the Bluff.

ITEM 3.4.1


PAGE 6 Report to Council meeting on 28 September 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 7 Report to Council meeting on 28 September 2015

5.0

REPORTS

5.1

2015 MASTERS GAMES - ADELAIDE File: 30198 D386265

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 4.1.2

Enhance and increase the utilisation of sport and recreation facilities

SUMMARY The purpose of this report is to provide Council with an opportunity to determine its support for the Mayor to attend the 2015 Masters Games in Adelaide.

BACKGROUND

Council has supported the bid by the Cradle Coast Authority for the 2017 Masters Games to be held on the North West Coast of Tasmania. Recently it was announced that the bid had been successful and the games will be held in this region in 2017. The Mayor has long been a strong advocate for the Masters Games and has actively been involved in the development of the bid by the Cradle Coast Authority (CCA). Both the Federal and State Governments are providing funding assistance to the Cradle Coast Authority towards the cost of hosting the games. Council in February 2015 determined its support for the Masters Games.

STATUTORY REQUIREMENTS There are no statutory requirements associated with this report.

DISCUSSION The Mayor has indicated to Council that he will be attending the 2015 Masters Games in Adelaide from 1 – 11 October 2015. In determining to attend the Games the Mayor understood that his costs would be met through a reimbursement from the Cradle Coast Authority. At the Cradle Coast Representatives Meeting on 22 September 2015, the Mayor‟s attendance was formalised as one of three coastal representatives. The CCA will be covering the cost of airfares and accommodation for the Mayor over the duration of the Games (3 to 11 October). The Mayor has arranged other Council business prior to the Games and Council will be required to cover the cost of accommodation for the first two nights (1 and 2 October) along with meals and other travel costs over the duration of the trip. Under the Council „Payment of Aldermen‟s Allowances, Expenses and Provision of Facilities Policy‟ there is provision that requires any attendance at interstate conferences or seminars be approved by Council. There is nothing under the policy that specifically covers attendance at the Masters Games and therefore as it involves interstate travel it is appropriate for the matter to be noted by Council. Any costs incurred by Council relating to the Mayor‟s attendance at the Masters Games and the prior meetings, which are not covered through reimbursement from the Cradle

ITEM 5.1


PAGE 8 Report to Council meeting on 28 September 2015

Coast Authority, would be identified in the payments schedule provided to the Governance & Finance Committee and also in the 2016 Annual Report. The Mayor believes that his attendance at the 2015 Masters Games will provide an insight into the requirements for the hosting of the 2017 games and that invaluable lessons will be learnt as a result which will be of assistance to the organising of the games. It will also be an opportunity to proactively promote the 2017 games to attendees. The Mayor has offered to accept the „baton‟ at the closing ceremony on behalf of the Region as the host of the 2017 games.

COMMUNITY ENGAGEMENT

The 2017 Masters Games is likely to attract more than 5,000 participants from around Australia to the North West Coast. There has been significant media reporting of the success of the Cradle Coast Authority in attracting the 2017 Masters Games to the region.

FINANCIAL IMPLICATIONS Council has an allocation of $8,900 in its 2015/16 operational budget for Aldermen‟s travel related expenses.

RISK IMPLICATIONS There are no significant risk issues associated with this report

CONCLUSION The Mayor intends to attend the 2015 Masters Games in Adelaide from 1 to 11 October 2015 and also take the opportunity to undertaken other Council business in the days prior to the games. The CCA will be covering airfares and nine nights‟ accommodation with Council responsible for two nights‟ accommodation along with any other travel related expenses.

ATTACHMENTS Nil

RECOMMENDATION That Council: (a)

note that the Mayor will be attending the 2015 Masters Games in Adelaide from 1 to 11 October 2015;

(b)

note that the Cradle Coast Authority will be reimbursing Council for the airfares and nine nights accommodation; and

(c)

note that all remaining costs will be met by Council.

Author: Position:

Paul West General Manager

ITEM 5.1


PAGE 9 Report to Council meeting on 28 September 2015

5.2

SUPPLY AND DELIVERY OF A BACKHOE LOADER File: 30611 D384600

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.5.2

Ensure comprehensive financial planning to meet sustainability requirements

SUMMARY

This report seeks Council‟s approval for the purchase of a backhoe loader as part of the 2015/2016 capital expenditure budget.

BACKGROUND The existing backhoe loader is at the end of its life and due to be replaced. The new backhoe loader will be used by the civil works team for programmed maintenance and construction of capital works projects. The existing backhoe loader will be sold as a trade-in to the winning tenderer.

STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders.

DISCUSSION

In accordance with Council‟s Code of Tenders and Contracts, a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. The Tender Planning and Evaluation Committee minutes have been provided as a confidential attachment. Quotations were invited through the „Local Buy‟ purchasing initiative. This is a collaborative purchasing arrangement that provides competitive tendering on a large scale. This arrangement is undertaken in accordance with the procurement principles which are required by the Local Government Act 1993. Tenders were received from six companies. Three of the six tenders were conforming tenders with three tenders not complying with specified essential criteria. A Summary of Quotations for the backhoe loader is provided in the confidential attachments. The JCB 3CX backhoe loader is considered the most suitable option for Council‟s operations based on the following reasons: 

it meets all essential criteria including the „Quick Hitch‟ system with integrated tynes that has been assessed as essential after a risk assessment was undertaken regarding the operation without this feature. It is noted that 50% of the backhoe loaders that were tendered were unable to provide this feature.



it has the ability to tilt and extend the boom at the same time. This feature allows for a smoother and more efficient system of digging and clearing drains. This feature is unique to the JCB 3CX backhoe loader.



Council already have three JCB Backhoe Loaders in the fleet and by limiting the variety of machinery there is some efficiency for Council, as it reduces the amount of critical spares required to be stored. ITEM 5.2


PAGE 10 Report to Council meeting on 28 September 2015

All quotations received were assessed in accordance with the assessment criteria detailed in the IPWEA Plant Management Manual. The assessment criteria were: -

Quoted Price – assessed the quoted price. Mandatory Specifications –requirements assessed as being essential criteria for the safe and efficient operations of the machine. Operational Requirements – assessed the OH&S aspects from the operator‟s perspective and the operational effectiveness and manoeuvrability. Mechanical Assessment – assessed the power and performance and serviceability. Delivery, Back-up and Testimonials – assessed the warranty details, parts supply, service and call out support. Environmental – assessed the capacity to meet environmental standards (Inc. Euro 5).

The evaluation by the committee indicates that the JCB scored highest or equal highest in five of the six assessed criteria and therefore offers Council the best value for money.

COMMUNITY ENGAGEMENT Tender applications were asked for utilising purchasing system „Local Buy‟ allowing potential suppliers the opportunity to tender.

FINANCIAL IMPLICATIONS The replacement backhoe loader is included in the 2015/2016 capital expenditure budget adopted by Council. The quoted price of $161,440 (ex GST) for the JCB backhoe loader offered by JF Machinery, less the trade-in price for the existing backhoe loader of $39,000 (ex GST) equates to a cost of $122,400 which is within the budgeted allocation of $160,000.

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 Taking into account the selection criteria assessment, the Tender Planning and Evaluation Committee has determined the JCB 3CX backhoe loader quoted from JF Machinery meets all selection criteria and provides the best value for money for Council.

ATTACHMENTS 1.

Backhoe Loader Tender Planning and Evaluation Committee Minutes

Confidential

2.

Backhoe Loader Specification Summary

Confidential

3.

Backhoe Loader Evaluation

Confidential

ITEM 5.2


PAGE 11 Report to Council meeting on 28 September 2015

RECOMMENDATION That the quotation from JF Machinery be accepted for: 1.

the supply of a JCB 3cx backhoe loader at a quoted sum of $161,440 (ex GST); and

2.

the trade-in price for the existing backhoe loader of $39,000 (ex GST).

Author: Position:

Peter Tuson Works Supervisor

Endorsed By: Position:

ITEM 5.2

Matthew Atkins Acting General Manager


PAGE 12 Report to Council meeting on 28 September 2015

5.3

CONTRACT 1292 - DESIGN & REPLACEMENT OF BELLAMY ROAD BRIDGE File: 30497-01 D385225

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 2.3.1

Provide and maintain roads, bridges, footpaths, bike paths and car parks to appropriate standards

SUMMARY

This report seeks Council‟s approval to award Contract 1292 Design & Replacement of Bellamy Road Bridge, to BridgePro Engineering Pty Ltd.

BACKGROUND The condition of Council‟s bridges are monitored through six monthly routine inspections, which are completed by a specialist consultant. The condition of the abutments of the Bellamy Road Bridge have been deteriorating and it was identified that the bridge required renewing. A project titled, “Bellamy Road Bridge Renewal” was included in the 2015/16 capital expenditure budget and this report considers tenders for that project.

STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders.

DISCUSSION In accordance with Council‟s Code of Tenders and Contracts, a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. Tenders were received from five companies. tenders and are summarised in table 1.

All tenders received were conforming

TABLE 1 No. 1

Tender

Status

Tender Price (ex GST)

2

BridgePro Engineering Pty Ltd VEC Civil Engineering Pty Ltd

Conforming Conforming

$147,300 $151,724

3

Tas Span Pty Ltd

Conforming

$152,943

4

CBB Contracting Pty Ltd

Conforming

$165,757

5

Elite Crossings Pty Ltd

Conforming

$349,891

As highlighted in the above table, the BridgePro Engineering Pty Ltd tender of $147,300 is the lowest price. The Tender Planning and Evaluation Committee have considered the five tenders against each of the selection criteria, these being:   

Relevant Experience Quality, Safety and Environmental Management Methodology ITEM 5.3


PAGE 13 Report to Council meeting on 28 September 2015



Price

The evaluation by the committee indicates that BridgePro Engineering Pty Ltd scored highest overall against the selection criteria and therefore offers Council the best value for money. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments.

COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper on 25 July 2015 and also on Council‟s website. The works will involve a road closure for a period of five days. This will be communicated to affected residents and other stakeholders by letter, together with notifications on social media and through the use of electronic variable message boards prior to the closure.

FINANCIAL IMPLICATIONS

The 2015/16 capital expenditure budget includes an allocation for the “Bellamy Road Bridge Renewal” project of $225,000. The tender received from BridgePro Engineering Pty Ltd is $147,300. The breakdown of the budget for this project is summarised below in table 2. TABLE 2 No.

Tender Price (ex GST)

Tender

1

Contract price

2

Project management/administration

3

Construction contingency

$147,300 $6,000 $15,000 TOTAL

$168,300

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 Taking into account the selection criteria assessment, the Tender Planning and Evaluation Committee has determined that BridgePro Engineering Pty Ltd meets Council‟s requirements and is therefore most likely to offer “best value” in relation to Contract 1292 Design & Replacement of Bellamy Road Bridge.

ATTACHMENTS 1.

CT0130 Signed Meeting Minutes

Confidential

ITEM 5.3


PAGE 14 Report to Council meeting on 28 September 2015

RECOMMENDATION That Council, in relation to Contract 1292 – Design & Replacement of Bellamy Road Bridge: a)

award the contract to BridgePro Engineering Pty Ltd for the tendered sum of $147,300 (ex GST);

b)

note that design, project management and administration for the project are estimated to cost $6,000 (ex GST); and

c)

note that a construction contingency of $15,000 (ex GST) is included in the budget.

Author: Position:

Shannon Eade Project Management Officer

Endorsed By: Position:

ITEM 5.3

Matthew Atkins Acting General Manager


PAGE 15 Report to Council meeting on 28 September 2015

5.4

CONTRACT 1296 - KELCEY TIER ROAD PAVEMENT RENEWAL File: 30562 D386435

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 2.3.1

Provide and maintain roads, bridges, footpaths, bike paths and car parks to appropriate standards

SUMMARY

This report seeks Council‟s approval to award Contract 1296 for the Kelcey Tier Road Pavement Renewal – Melrose Road to Sherston Road, to Hardings Hotmix Pty Ltd.

BACKGROUND This report considers tenders received for “Kelcey Tier Road Pavement Renewal – Melrose Road to Sherston Road” listed within the 2015/16 capital expenditure budget. This project involves the reconstruction of the road pavement and installation of new wearing surface on Kelcey Tier Road between the Sherston Road and Melrose Road Intersections. The project will also include road drainage improvements and improvements to some driveways impacted by the works.

STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders.

DISCUSSION In accordance with Council‟s Code of Tenders and Contracts, a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. Tenders were received from three companies. tenders and are summarised in table 1.

All tenders received were conforming

TABLE 1

1

Hardings Hotmix Pty Ltd

Conforming

Tender Price (ex GST) $301,339

2

Kentish Construction and Engineering Company Pty Ltd (trading as Treloar Transport) Gradco Pty Ltd

Conforming

$327,340

Conforming

$338,333

No.

3

Tender

Status

As highlighted in the above table, Hardings Hotmix Pty Ltd tender of $301,339 is the lowest priced. The Tender Planning and Evaluation Committee have considered the three tenders against each of the selection criteria, these being:    

Relevant Experience Quality, Safety and Environmental Management Methodology Price

ITEM 5.4


PAGE 16 Report to Council meeting on 28 September 2015

The evaluation by the committee indicates that Hardings Hotmix Pty Ltd scored highest overall against the selection criteria and therefore offers Council the best value for money. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments.

COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper on 15 August 2015 and tenders were also advertised on Council‟s website. Affected property owners and tenants have been contacted regarding the works. Communication will continue throughout the project.

FINANCIAL IMPLICATIONS The 2015/16 capital expenditure budget includes an allocation for the “Kelcey Tier Road Pavement Renewal – Melrose Road to Sherston Road” project of $400,000. The tender received from Hardings Hotmix Pty Ltd is $301,339. The breakdown of the budget for this project is summarised below in table 2. TABLE 2 No.

Tender Price (ex GST)

Tender

1

Contract 1296 price

$301,339

2

Taswater relocations (estimate only)

$15,000

3

Project management/administration

$25,000

4

Construction contingency

$20,000 TOTAL

$361,339

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

Taking into account the selection criteria assessment, the Tender Planning and Evaluation Committee has determined that Hardings Hotmix Pty Ltd meets Council‟s requirements and is therefore most likely to offer “best value” in relation to Contract 1296 Kelcey Tier Road Pavement Renewal – Melrose Road to Sherston Road.

ATTACHMENTS 1.

CT0147 Contract 1296 Signed Meeting Minutes

ITEM 5.4

Confidential


PAGE 17 Report to Council meeting on 28 September 2015

RECOMMENDATION That Council, in relation to Contract 1296 – Kelcey Tier Road Pavement Renewal – Melrose Road to Sherston Road: a)

award the contract to Hardings Hotmix Pty Ltd for the tendered sum of $301,339 (ex GST);

b)

note that Taswater relocations are estimated to cost $15,000 (ex GST);

c)

note that design, project management and administration for the project are estimated to cost $25,000 (ex GST); and

d)

note that a construction contingency of $20,000 (ex GST) is included in the budget.

Author: Position:

Shannon Eade Project Management Officer

Endorsed By: Position:

ITEM 5.4

Matthew Atkins Acting General Manager


PAGE 18 Report to Council meeting on 28 September 2015

5.5

CONTRACT 1297 - WILLIAM STREET PAVEMENT RECONSTRUCTION STEWART TO STEELE STREET File: 30494 D386738

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 2.3.1

Provide and maintain roads, bridges, footpaths, bike paths and car parks to appropriate standards

SUMMARY

This report seeks Council‟s approval to award Contract 1297 William Street Pavement Reconstruction – Stewart to Steele Street, to Kentish Construction and Engineering Company Pty Ltd.

BACKGROUND

This report considers tenders received for “William Street Pavement Reconstruction – Stewart to Steele Street” listed within the 2015/16 capital expenditure budget. The road pavement and kerb in William Street between Stewart Street and Steele Street has reached the end of its useful life and needs to be renewed. The project involves replacing the kerb and resurfacing the road as well as improvements to pedestrian access. The driveways and sections of footpath affected by the new works and will be replaced as part of the project. The 2015/16 capital program also includes a separate allocation of $20,000 to improve pedestrian safety on the corner of William and Steele Streets and these works have been included in with this tender.

STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders.

DISCUSSION In accordance with Council‟s Code of Tenders and Contracts, a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. Tenders were received from two companies. tenders and are summarised in table 1.

All tenders received were conforming

TABLE 1 No. 1 2

Tender

Status

Kentish Construction and Engineering Company Pty Ltd (trading as Treloar Transport) Hardings Hotmix Pty Ltd

Tender Price (ex GST)

Conforming

$303,764

Conforming

$363,483

As highlighted in the above table, Kentish Construction and Engineering Company Pty Ltd tender of $303,764 is the lowest priced. The Tender Planning and Evaluation Committee have considered the two tenders against each of the selection criteria, these being:

ITEM 5.5


PAGE 19 Report to Council meeting on 28 September 2015

   

Relevant Experience Quality, Safety and Environmental Management Methodology Price

The evaluation by the committee indicates that Kentish Construction and Engineering Company Pty Ltd scored highest overall against the selection criteria and therefore offers Council the best value for money. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments.

COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper on 22 August 2015 and tenders were also advertised on Council‟s website. Affected property owners and tenants have been contacted regarding the works. Communication will continue throughout the project.

FINANCIAL IMPLICATIONS The 2015/16 capital expenditure budget includes two allocations for the proposed works as shown in table 2 TABLE 2 Project

No.

Allocation

1

William Street Pavement Reconstruction – Stewart to Steele Street

2

Stewart Street Pedestrian Facility

$400,000 $20,000

TOTAL

$420,000

The tender received from Kentish Construction and Engineering Company Pty Ltd is $303,764. The breakdown of the budget for this project is summarised below in table 3. TABLE 3 No.

Tender Price (ex GST)

Tender

1

Contract price

2

Project management/administration

$25,000

3

Construction contingency

$30,000

$303,764

TOTAL

$358,764

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 Taking into account the selection criteria assessment, the Tender Planning and Evaluation Committee has determined that Kentish Construction and Engineering Company Pty Ltd ITEM 5.5


PAGE 20 Report to Council meeting on 28 September 2015

meets Council‟s requirements and is therefore most likely to offer “best value” in relation to Contract 1297 William Street Pavement Reconstruction – Stewart to Steele Street.

ATTACHMENTS 1.

CT0127 Contract 1297 Signed Meeting Minutes

Confidential

RECOMMENDATION That Council, in relation to Contract 1297 – William Street Pavement Reconstruction – Stewart to Steele Street: a)

award the contract to Kentish Construction and Engineering Company Pty Ltd for the tendered sum lump sum of $303,764 (ex GST);

b)

note that design, project management and administration for the project are estimated to cost $25,000 (ex GST); and

c)

note that a construction contingency of $30,000 (ex GST) is included in the budget.

Author: Position:

Shannon Eade Project Management Officer

Endorsed By: Position:

ITEM 5.5

Matthew Atkins Acting General Manager


PAGE 21 Report to Council meeting on 28 September 2015

5.6

PUBLIC ADDRESS SYSTEM - ROOKE STREET MALL File: 19248 D383044

RELEVANCE TO COUNCIL’S PLANS & POLICIES Councilâ€&#x;s Strategic Plan 2009-2030: Strategy 3.1.2

Manage strategic urban development initiatives that supports the importance of the CBD and reduces fragmentation

SUMMARY

To update Council on quotes received for the installation of a Public Address System in the Rooke Street Mall and determine whether to proceed with installation.

BACKGROUND Previous reports to Council, commencing in April 2014, have explored a number of options for improvement to the Rooke Street Mall. During the 2014/15 financial year $75,000 was included in the capital budget for Rooke Street Mall Improvements. Council favoured the implementation of playground equipment, public Wi-Fi and a fixed public address system to expend this allocation. In March 2015, Council resolved (Min 52/15 refers): That Council in relation to its capital budget for improvements in the Rooke Street Mall determine: 1.

to proceed with installation of a fixed public address system, to a maximum budget of $30,000;

2.

in determining the most appropriate system and installation arrangements and configuration, Council consult with the Devonport Chamber of Commerce and Industry (DCCI) Retail Group;

3.

initially it be identified that the intended purpose of the public address system is to primarily improve public events held in the Mall;

4.

any expansion of the use of the public address system other than events based, will need to be cost neutral to Council and have established clear guidelines approved.

Given the majority of quotes received have exceeded the determined maximum $30,000 limit, a further report is provided to determine future direction.

STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.

DISCUSSION Following the resolution above, an expression of interest document was prepared and circulated to known audio suppliers in the region. Of these suppliers, only one submitted a quote. The expression of interest document was also forwarded to a number of electrical suppliers, from which, one quote was received. The original budget for the public address system was based on an estimation provided by the DCCI via a local audio supplier. The estimation was priced at $26,500 and was consistent with a similar quote obtained by Council in 2014. Council adopted a budget of

ITEM 5.6


PAGE 22 Report to Council meeting on 28 September 2015

$30,000 to cover any contingencies which may have arisen as part of the procurement process. The quotes received indicate costs as follows: 

High Quality System and Equipment

$78,862.60



Modified High Quality System and Equipment

$61,482.00



Medium Quality System and Equipment

$56,250.00



Low Quality System and Equipment

$29,222.81

The audio company providing quotes explained that a major part of the cost is the cabling within the Mall and the requirement to zone the system so some speakers can be switched on or off when required. The systems above are all based on the mounting of a number of all-weather rated outdoor speakers to the existing poles located in the Mall. The high quality system is well above budget and there is concern that the low quality system will not provide the audio outcome desired by Council and the community. The opportunity for expansion and improvement of this cheaper system would be limited. The intended objective of purchasing and installing a public address system was to provide an opportunity for new events in the Mall. Should Council not proceed with installation of the public address system, officers will explore opportunities how both the quality and access of portable temporary system can be improved. Council has available through the Devonport Entertainment and Convention Centre (DECC) a number of flexible, scalable powered PA boxes, which can be broken down to provide small portable systems, or ganged together to cover larger events. As this is professional equipment, a DECC technician is required for set up and to operate the gear to protect Council‟s investment. The DECC also currently have handheld and lapel radio microphones which can be provided with this equipment as well as provision to have iPod/iPhone input. This system is available for use by retailers at no hire cost however labour costs are recovered. Should Council not proceed with installation of the public address system, more promotion of the availability of this system should occur. In accordance with the resolution, a meeting was held with the Devonport Chamber of Commerce and Industry on 29 May 2015 where it was outlined that Council will commence purchase and installation process for the public address system. It was reiterated that from Council‟s perspective, initially the intended purpose of the public address system is to primarily improve public events held in the Mall. It was stressed as per the Council resolution, that should the Chamber wish to submit a proposal for expansion of the use of the public address system other than events based, it will need to be on the basis of a cost neutral position for Council. It was also indicated that during the possible purchase and installation process, input would be sought from the Chamber.

COMMUNITY ENGAGEMENT

No specific consultation has been carried out at this stage on Mall improvements with the public. The DCCI, and its Retail Group, have discussed the project and provided Council with a number of items to consider in relation to the public address system, which have been previously provided to Council.

ITEM 5.6


PAGE 23 Report to Council meeting on 28 September 2015

FINANCIAL IMPLICATIONS

A capital budget allocation for Mall Improvements of $75,000 was made in the 2014/15 financial year. Following installation of public Wi-Fi, a balance of $61,187 remains, of which $30,000 is allocated to the public address system and the remainder towards playground equipment. The projected costs of the system are well above the budget allocation as detailed in this report.

RISK IMPLICATIONS By not proceeding with the suggested improvements, Council risks the possibility of some public criticism. However the decision can be justified by explaining the need for Council to “live within its means” and to carefully prioritise any funding proposals. The quotes are well above the budget allocated for the project. Strong public opinion has been received through the media regarding some of the Mall improvement proposals.

CONCLUSION

Council should be mindful that many of the factors which contribute to the vibrancy or the decline of the Mall are outside of Council‟s control. Council always needs to give consideration to what it spends, ensuring any new capital investments have a long term strategic benefit for the City. Council has been provided with quotes for the installation of a public address system and given the high costs may need to withdraw the previous conditional approval to proceed with the project. It is recommended that council not proceed with the intended installation, based on cost benefits. Should Council deem it would like to proceed, an alternative motion may read: That Council note the information relating to the Public Address System and determine to install the medium quality system and equipment, noting that the project will exceed budget by $26,250.

ATTACHMENTS Nil

RECOMMENDATION That Council note the information relating to the Public Address System and determine not to proceed with this project at this time.

Author: Position:

Shane Crawford Executive Manager Business

Corporate

&

Endorsed By: Position:

ITEM 5.6

Matthew Atkins Acting General Manager


PAGE 24 Report to Council meeting on 28 September 2015

5.7

HARBOURMASTER'S CAFE File: 26939 D386646

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 this report is to enable Council to consider an enquiry made by Murphy Investments (Tas) Pty Ltd to potentially sublease a parcel of parkland currently controlled by Council immediately to the North of the existing Harbourmaster‟s Café site. The report also canvasses a number of other matters relating to operational practices associated with the Harbourmaster‟s Café.

BACKGROUND The Harbourmaster‟s Café (the Café) is currently operated by Murphy Investments (Tas) Pty Ltd (Mr Murphy) on a parcel of land leased from Crown Land Services (the Crown). The current lease is restricted to the building and its immediate surrounds and consists of approximately 170 square metres. It is outlined in yellow on attachment 1. At its meeting on 27 July 2015 Council considered a request from the Crown to advise whether it would support an application from Mr Murphy to lease a further parcel of Crown Land immediately to the South of the Café. This parcel is outlined in red on attachment 1. At that meeting Council determined to advise the Crown that it supported Mr Murphy‟s application subject to a number of conditions. It also advised both the Crown and Mr Murphy that regardless of the outcome of the application it could give no advance guarantee that a development application for the site would be successful. To date Council has received no advice from the Crown about its decision in relation to Mr Murphy‟s application. Mr Murphy has recently made inquiries regarding a further extension of his lease. This request deals with a parcel of Crown Land to the immediate North of the Café and outlined in green on attachment 1. This land is leased by Council from the Crown and is currently open space parkland, which is maintained by Council and contains infrastructure including a shared pathway and a picnic table.

STATUTORY REQUIREMENTS

There are no statutory requirements which relate to this report.

DISCUSSION

There are a number of issues to consider and they involve current operational practices at the Café as well as a consideration of the potential benefits and disadvantages of agreeing to an extension of the lease. Health and safety risks posed to pedestrians and cyclists using the shared parkway have been raised with Council as a concern. This is due to vehicle use associated with the Café. These vehicles include those delivering goods for sale and use at the Café, and Mr ITEM 5.7


PAGE 25 Report to Council meeting on 28 September 2015

Murphy‟s personal vehicle which drive across parkland and over the shared pathway. It is unclear how often delivery vehicles are involved but one of Mr Murphy‟s personal vehicles (Council is aware of a ute, a sedan and a motor scooter) are usually to be found parked on the leased premises on most days. This is a particularly busy section of the parklands with almost constant daytime use by runners, walkers and cyclists. Many of those users are distracted by the nature of their own activities and there is a potential that there may be an accident caused by either collision with or attempts to avoid Mr Murphy‟s vehicle/s. As the land is Council controlled any liability for an accident may well involve a claim against it. The planning permit issued to Mr Murphy on 16 September 2014 is silent as to any restrictions on vehicular access to the premises. The area surrounding the Café is parkland for the purposes of Council‟s Reserves, Parks and Gardens By-Law (No 1 of 2007) and vehicular access to the premises is governed by that By-Law. Following concerns about the safety aspects and potential damage to infrastructure by Mr Murphy (or others) using Council‟s shared pathway to access the Café, Council wrote to Mr Murphy advising him of the restrictions contained in Part 5 of the By-Law and the penalties that may be imposed against him. Since that letter Mr Murphy has on a number of occasions indicated that he would submit a “traffic management plan” but that has not to date been provided. Even had such a plan been received it is questionable whether the volume of pedestrian and bicycle traffic along the pathway, frequently including users distracted by small children or activity on the river, is compatible with daily vehicle movements. The only other occasions when Council authorises vehicle movement in the parklands is for “events” such as Taste the Harvest or the Motor Show and they are events where the organisers are required to submit a detailed event management, traffic management and risk management plan before the event is licensed to proceed. Council is aware that the Café‟s dairy supplies are delivered by trolley via the Stewart Street crossing and a loading zone has been created at the old entrance to the Best Street carpark which would facilitate easy trolley access from the Best Street crossing. In recent times Mr Murphy has requested a temporary hire of a section of the parkland to the North of the Café for “private” functions. Such requests are dealt with under clause 4 of the By-Law. The General Manager is entitled to enter into an agreement to hire or lease a public reserve and may impose whatever terms and conditions are considered appropriate. On both occasions Mr Murphy‟s requests were granted with a range of conditions intended to protect Council‟s infrastructure. Mr Murphy was also required to produce evidence that the business had a permit to serve alcohol in the hired area and that it also had sufficient public liability cover in the case of accident or injury. No fee was charged for the hire. Mr Murphy has indicated that he would like to hold more such functions and this is potentially an issue for Council. Council is not able to monitor these functions to ensure that they are in fact “private”. Were Mr Murphy to host regular functions with live entertainment then regardless of whether they are private or open to the public it is likely that other licensed entertainment venues in Devonport may see it as an unfair advantage, particularly the use and access to Council controlled land. Council may care to consider a cap on the number of temporary hires allowed to Mr Murphy for private events and may also wish to set a reasonable hire fee in the event that ITEM 5.7


PAGE 26 Report to Council meeting on 28 September 2015

such an application is submitted. In considering that aspect Council should be mindful of the inevitable damage to the grassed area by a significant increase in pedestrian traffic. In addition to the issues associated with the current use of the Café Council should also consider the enquiry from Mr Murphy for a potential long term lease of an area to the North of the Café outlined in green on attachment 1. This request formed part of an email in which he requested a temporary hire of a part of the parkland for a private function on 5 September 2015. The relevant portion of the email is reproduced below: “I would also like to raise the issue of how to go about leasing or subleasing from the DCC the land to north of the Harbourmaster Café permanently. I would like to propose the following

Lease all of the grassed area to the north of the Harbourmaster Café up to the end of the rock wall to the west and;

All of the grassed area east of the shared pathway.

Murphy Investments would seek permission from Council and Tasrail to construct a screen/fence along the western edge of the grassed area similar to what currently exists there now and was approved by Council and Tasrail.

Currently it poses a OH&S issue with people accessing the rail corridor and climbing or walking down these rocks along the grass edge.

Use this proposed fence for display of old pictures of the old port area and rowing clubs that existed here many years ago.

To use the grassed area for outdoor picnic tables and seating and semipermanent installation of a fire pot.

For Murphy Investments to erect temporary Café barriers along the eastern edge of the grassed area to delineate the shared pathway and grassed area.

I see this as a fantastic opportunity to better use this area for the public and visitors of the city. I envisage of being able to use this space for live music similar to what currently happens at the Bluff precinct and only further promoting Devonport as a Living City. I have a current Liquor License for the area and it would also provide the opportunity for the Harbourmaster Café to conduct functions in this space.” The following issues have been identified as requiring consideration before Council could make a decision about Mr Murphy‟s request for an extended lease. The first two dot points deal with the area of land required. This represents approximately 450m² of prime waterfront parkland. It is an area that Council has maintained for many years and is widely used by the general public as a recreation area. Is it appropriate that public parkland be leased for a commercial enterprise? The requested area, if granted, would allow Mr Murphy to operate a “food business” on both sides of Council‟s shared pathway. This would presumably involve the service of food and drink across that pathway which would increase the risk of a collision between path users, patrons and serving staff. In the third dot point Mr Murphy suggests that if granted a lease over the land he would screen it in a similar fashion to the screening of the existing Café lease area. This would have the effect of blocking the view of the river for anybody on Formby Road. In dot point four Mr Murphy suggests this screening would correct a safety issue because he claims people are accessing the parkland, and presumably the Café, by climbing the ITEM 5.7


PAGE 27 Report to Council meeting on 28 September 2015

fence to the West of the railway line then crossing the railway line and clambering down the rock retaining wall to the East. Council is not aware that this is a common activity and in any event security issues associated with the rail corridor are a matter for TasRail. Lawful pedestrian rail crossings are already located within easy walking distance at Stewart Street to the South and Best Street to the North of the Café. The last two dot points and the general comments in the paragraph following show that Mr Murphy intends to close off the area with barriers and install an unnamed number of picnic tables. This reverts to the first question of whether Council is supportive of a commercial use for parkland. If Council does support Mr Murphy‟s request it would need to be provided with full details of the facilities to be provided to ensure they do not adversely impact the visual amenity of the area and also that they meet Australian Standards. There is also a potential issue with the Café‟s food licence. The number of toilet facilities required by the Building Code is linked directly to the number of seats in the facility. At present the facility meets the requirement for a 100 seat venue but additional outside dining seats, which by law form part of that equation, may alter that balance. It is possible this may also apply to the liquor licence.

COMMUNITY ENGAGEMENT No community engagement has occurred to date. It is suggested, however, that this would be a pre-requisite to any decision by Council to agree to Mr Murphy‟s request.

FINANCIAL IMPLICATIONS

Should Council agree to Mr Murphy‟s request it would need to set a suitable lease fee. Consideration should also be given to setting a hire fee for any private functions hosted by the Café.

RISK IMPLICATIONS 

Workplace Health and Safety As outlined in the report the combination of reasonably high use of the shared pathway and the service of food and drink to patrons on either side of it may increase the risk of accident and injury.



Consultation and/or Communication Although this is Crown Land Council has managed and maintained it as parkland for many years. Council should seek the opinion of the general public before determining its position in relation to Mr Murphy‟s request for an extension of his existing lease.

CONCLUSION

Mr Murphy‟s decision to operate the Harbourmaster‟s Café on the Mersey waterfront has most certainly added to the general atmosphere of the area. In its current form, however, there is a sustainable balance between those wishing to use the food services offered by the Café and recreational users who make good use of both the parklands to the North of the Café and the shared pathway that passes through the area. There are some issues with the current operation of the Café. Principal among them are the safety issues associated with Mr Murphy driving his personal vehicle/s across parkland and/or the shared pathway and parking it on the premises. ITEM 5.7


PAGE 28 Report to Council meeting on 28 September 2015

Mr Murphy appears to be seeking opportunities to host more “private events” in a section of parkland to the North of the Café. Council has approved the use of this area for two such events to date. Council must decide whether it wishes the practice to continue. Council must also decide whether it will agree to Mr Murphy‟s request for an exclusive lease of the area to the North of the Café outlined in green on attachment 1. This is currently parkland extensively utilised by the public for both passive and active recreation. Any decision to sub-lease it to Mr Murphy should include community consultation. Although Council controls the portion of land in question it is leased from the Crown and there is a process that must be followed to determine whether the Crown would agree to a sub-lease for the extended operation of the café. Council would also have to determine a suitable lease fee if it decides to grant the request. Mr Murphy has not provided details of the facilities he would place in or on the newly acquired portion of the parklands should Council grant his request. Options for Council‟s consideration are set out in the Recommendation below.

ATTACHMENTS 1.

Harbourmaster Proposed New Areas

RECOMMENDATION That the report of the Development Manager relating to matters associated with the harbourmaster‟s café be received and Council determine to advise Murphy Investments (Tas) Pty Ltd that: Option 1 1.

It will not agree to lease any of the land to the North of the Harbourmaster‟s Café to Murphy Investments (Tas) Pty Ltd;

2.

It will allow Murphy Investments (Tas) Pty Ltd, on consideration of an application for each event, to host up to ___ private functions per calendar year providing; (i)

those functions must be “private” in nature, involve no more than 100 patrons and be operated by Murphy Investments (Tas) Pty Ltd in conjunction with the food services business of the Harbourmaster‟s Café only;

(ii)

no portable toilet facilities will be allowed under any circumstances;

(iii)

a fee of $100 will apply to each application;

(iv)

Murphy Investments (Tas) Pty Ltd is responsible for ensuring compliance by staff and attendees with all requirements of the Reserves, Parks and Gardens ByLaw;

3.

Mr Murphy or any other person associated with the business must immediately cease driving across or parking vehicles on a public reserve, noting that if this direction is ignored the vehicle owner will be fined on each occasion a breach is detected; and

4.

Mr Murphy must ensure that all deliveries of goods to the Harbourmaster‟s Café are made by foot using the access points at either Best Street or Stewart Street.

ITEM 5.7


PAGE 29 Report to Council meeting on 28 September 2015

Option 2 1.

Council will agree to lease the parkland outlined in green on attachment 1 to Murphy Investments (Tas) Pty Ltd restricted to the operation of the food services business of the Harbourmaster‟s Café only subject to: (a)

Confirmation from Crown Land Services that it will agree to the sub-lease;

(b)

The outcome of public consultation about the request;

(c)

Preparation and execution of a lease that; (i)

determines the term of the lease;

(ii)

sets an annual commercial lease fee and provides for annual review of that fee;

(iii)

provides conditions about screening and the type and placement of fittings within and bordering the leased area;

(iv)

makes Murphy Investments (Tas) Pty Ltd liable for the cost of repairs to any damage to Council infrastructure in or around the leased area during the term of the lease;

(v)

provides that Murphy Investments (Tas) Pty Ltd accepts responsibility for any accident or injury caused by or attributable to the operation of the Harbourmaster‟s Café;

(vi)

makes provision for any other matter that is recommended by Council‟s legal advisors.

2.

Mr Murphy must not drive or park his personal vehicle/s on a public reserve or he will be fined on each occasion a breach is detected; and

3.

Mr Murphy must ensure that all deliveries of goods to the Harbourmaster‟s Café and/or the extended lease area are made by foot using the access points at either Best Street or Stewart Street.

Author: Position:

Brian May Development Manager

Endorsed By: Position:

ITEM 5.7

Matthew Atkins Acting General Manager


PAGE 30 Harbourmaster Proposed New Areas

ATTACHMENT [1]

ITEM 5.7


PAGE 31 Report to Council meeting on 28 September 2015

5.8

REQUEST BY DEVONPORT TENNIS CLUB FOR REMOVAL OF TREES File: 18740 D387211

RELEVANCE TO COUNCIL’S PLANS & POLICIES Councilâ€&#x;s Strategic Plan 2009-2030: Strategy 1.2.1

Support the conservation and maintenance of biodiversity corridors including coastal landscapes and preserve areas of remnant vegetation

SUMMARY The purpose of the report is to allow Council to consider a request from Devonport Tennis Club to lop or remove a stand of melaleucas to the North West corner of their complex. It is claimed the shade created by these trees at certain times of the year is causing the northern end of the three courts in that corner to be slippery and contribute to the deterioration of the court surface.

BACKGROUND

Following a request from the President of the Devonport Tennis Club (Club) Council officers met with Club officials at the complex in Eugene Street on 24 August 2015. The Club representatives guided the officers to the three hardcourts that are located in the North Western corner of the complex where they explained that in their opinion the shading caused by the stand of trees behind those three courts at certain times of Winter made the northern end of the courts slippery and therefore unfit for play. The area in question is displayed in Attachment 1. The officials also pointed to some deterioration of the court surface and suggested this was also attributable to mould caused by the dampness. The Club officials suggested that lopping of the trees would allow the sun to reach the courts and that would resolve the problem. They also indicated that they were intending to have the courts resurfaced but were loath to do so until the overshadowing problem was resolved. Council officers were at that stage unsure whether the trees were protected and also questioned whether any form of lopping would in fact kill the trees. It was decided that expert help would be engaged before any decisions were made. On 8 September 2015 a Club official and a Council officer again met at the complex with Craig Hinton an Arborist in the employ of ENSPEC Environment and Risk. Mr Hinton inspected the courts and assessed the trees. He determined that they were Melaleuca Ericifolia commonly known as swamp paperbark. He advised that it was likely that they had some level of environmental protection and also that lopping would in fact kill the trees. On 9 September 2015 Mr Hinton provided the expert report which is attachment 2.

STATUTORY REQUIREMENTS This stand of Melaleuca Ericifolia is listed as threatened native vegetation community in Schedule 3A of the Native Conservation Act 2002.

ITEM 5.8


PAGE 32 Report to Council meeting on 28 September 2015

DISCUSSION

The arborist report has disclosed that the stand is an example of the Melaleuca Ericifolia Swamp Forest vegetation type, which is listed as threatened in Schedule 3A of the Nature Conservation Act 2002. The stand is judged to be in good condition, with minimal weed invasion. A search of State Government databases has disclosed that the stand of Melaleucas surrounding the Tennis Club is recognised as a “threatened native vegetation community”. It is not possible therefore to do any work by way of lopping or clearing that would significantly impact on the preservation of this “community”. The ENSPEC report has calculated that to allow full sunlight on the three courts in question would require the removal of approximately 700m² of trees, which could not be described as anything other than a “significant” impact on their wellbeing. The report also suggests that the dense nature of this stand of trees is providing good weed control and that any removal would see a strong resurgence in noxious weeds that would result in increased resources and costs to Council for weed control. This stand of trees also contains a portion of the Coles Beach shared pathway. This pathway is very popular with walkers, joggers and cyclists and the removal of such a large tract of the trees would hardly go unnoticed. It is highly likely that to endorse either lopping or removal of the trees would result in some criticism of Council. The ENSPEC report indicates that the maximum height of the stand of trees is 7 metres, and the minimum elevation of the Winter sun of 25° at the Winter solstice (June 21) would result in shading on that day to 15 metres from the edge of the stand. This is represented by the shaded area in Figure 1 on page 5 of the report. Given that the ENSPEC report, together with the threatened native vegetation status of the trees makes it impossible to lop or clear them Mr Hinton has queried whether the Club has investigated other methods of dealing with the fungal problem, such as pressure cleaning. Although not mentioned in the ENSPEC report a web search discloses numerous chemical products which claim to control fungal growth on surfaces such as tennis courts. Council understands that other sporting clubs have encountered similar surface problems and have dealt with them by chemical solutions. It may be that the Club should investigate that option. Although the arborist inspection took place on 8 September rather than at the Winter solstice of 21 June when the angle of the sun would be lower, the photos on page 4 of the report which were taken at approximately 2.30pm show no shading on the actual playing surface of the three courts. The courts are constructed on what was formerly a swamp and as the report shows this is a perfect environment for this species of tree. It seems that some investigation as to whether the fungal problem is being caused by the overshadowing of the trees or is instead caused or exacerbated by moisture rising from beneath the courts may be a worthwhile exercise for the Club.

COMMUNITY ENGAGEMENT

No community engagement is required as a result of this report.

FINANCIAL IMPLICATIONS

No financial implications relate to this report. ITEM 5.8


PAGE 33 Report to Council meeting on 28 September 2015

RISK IMPLICATIONS

No risk implications relate to this report.

CONCLUSION

Both the ENSPEC Report and Council‟s own research have established that the Melaleuca Ericifolia (swamp paperbarks) which surround the Devonport Tennis Club complex are listed as “threatened” in schedule 3A of the Nature Conservation Act 2002. The ENSPEC Report also concludes that the Club‟s preferred option of lopping a section of trees to the North of the three courts in question would in fact kill around 700m² of these trees. Given the protected status of the trees such an action cannot be condoned by Council. During the meetings between Club officials and Council officers the problems at the Northern end of the three courts was attributed to shading by the trees. No scientific evidence was provided, however, to establish that this is definitely the cause of the problem. The two inspections by Council officers listed in this report took place in late August and early September. While it is conceded that the angle of the sun at those times is different to what it would be at the Winter solstice there was no shading on the courts. This is verified by Mr Hinton‟s photos in the Report. The ENSPEC Report suggests that pressure washing may deal with the problem of fungal growth on those courts. Web research suggests that this a common method of control in such situations but there is also a range of chemical treatments that are put forward for dealing with the problem on tennis court (and other) surfaces. The Club may choose to engage the services of a person or company expert in the treatment and maintenance of such surfaces to suggest options to resolve the issue.

ATTACHMENTS 1.

Site Plan

2.

ENSPEC Report

RECOMMENDATION That Council receive the report of the Development Manager and determine to advise the Devonport Tennis Club that it is unable to condone the lopping or removal of any of the Melaleuca Ericifolia in the stand surrounding the tennis court complex because of their threatened native vegetation community status.

Author: Position:

Brian May Development Manager

Endorsed By: Position:

ITEM 5.8

Matthew Atkins Acting General Manager


PAGE 34 Site Plan

ATTACHMENT [1]

ITEM 5.8


PAGE 35 ENSPEC Report

ATTACHMENT [2]

ITEM 5.8


PAGE 36 ENSPEC Report

ATTACHMENT [2]

ITEM 5.8


PAGE 37 ENSPEC Report

ATTACHMENT [2]

ITEM 5.8


PAGE 38 ENSPEC Report

ATTACHMENT [2]

ITEM 5.8


PAGE 39 ENSPEC Report

ATTACHMENT [2]

ITEM 5.8


PAGE 40 ENSPEC Report

ATTACHMENT [2]

ITEM 5.8


PAGE 41 ENSPEC Report

ATTACHMENT [2]

ITEM 5.8


PAGE 42 Report to Council meeting on 28 September 2015

5.9

LIVING CITY UPDATE - SEPTEMBER 2015 File: 27122 D387632

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 quarterly report provides an update to Aldermen and the community on the current status of LIVING CITY.

BACKGROUND LIVING CITY is an urban renewal project that will transform Devonport and revitalise Tasmania‟s North West Region. Council adopted the LIVING CITY Master Plan in September 2014. Significant economic benefits will result from the creation of new retail, business/service and waterfront precincts focused on highlighting the Regions tourism, arts, food & services. The Plan is underpinned by key principles which involve creating the following distinct precincts within the CBD: 1.

Retail Precinct linking the existing shopping centres and preventing further fragmentation;

2.

Business and Professional Services Precinct giving purpose to the Southern CBD; and

3.

Cultural Waterfront Precinct opening the City up to the river and creating a new City heart.

With the planning phases complete the focus has now moved to implementation of the plan. Implementation will be multi-faceted, with sub-projects progressively rolling out over the next decade and beyond. Council has entered into a four year agreement with Projects and Infrastructure Holdings (P+i) to act as Development Managers and assist with the implementation. Quarterly reports are provided to Council to keep Aldermen and the community updated on progress.

STATUTORY REQUIREMENTS The predominant legislation to which Council must comply in undertaking LIVING CITY is the Local Government Act 1993.

DISCUSSION With the adoption of the LIVING CITY Master Plan the focus of LIVING CITY is now firmly on the execution and implementation of the Plan. Key activities in recent months have concentrated on ensuring the progression of Stage 1. Community Consultation on Stage 1 Design – The concept design plans for Stage 1 were placed on public display for a 3 week period in July. The plans were widely distributed both by Council and the local media. The consultation resulted in approximately 50 responses that covered a variety of topics including; the size, scale and façade of the multi-purpose building, environmentally sustainable design initiatives, conference centre venue design and operations, family facilities, car park location, project funding and a ITEM 5.9


PAGE 43 Report to Council meeting on 28 September 2015

strong desire for action. Overall the community consultation was deemed positive, with several suggestions made that can be considered for incorporation in the detailed design. Stage 1 Design - The design team has continued to develop the plans for Stage 1. A value management process has been undertaken which has resulted in efficiencies in building design in some areas. The architectural design team and various engineering, landscape and environmental sub consultants have been commissioned to complete the detail design to enable construction tenders to be sought. State Government Funding Contribution – The 2015 Tasmanian State Budget included LIVING CITY as one of three projects to share in a Northern Cities Fund of $60 million. Meetings with the State Government to determine the specific allocation to Stage 1 have been positive and it is expected that an agreement will be finalised prior to the end of the year. Discussions with City First - Council, at its May meeting endorsed City First as the preferred operator of the conference facilities component of Stage 1. Several meetings have been held with City First to progress negotiations on the details of a possible contractual arrangement. Negotiations are ongoing and a detailed proposal will be presented to Council prior to Christmas. Art Gallery and Small Performing Art Space – As per Council‟s resolution, Birrelli Architects have been engaged to undertake a high level feasibility review of incorporating the Devonport Regional Gallery and an intimate performing arts space into the Devonport Entertainment and Convention Centre. Work is continuing on this project and will be presented to Council once complete. LIVING CITY Reference Group – The LIVING CITY Reference Group has had its second meeting. This meeting provided participants with a progress update and resulted in general discussion. The group was focused on ensuring that the community is provided with project information on a regular basis to maintain support and dispel any myths in relation to the project. Food Pavilion – Meetings have been held with a variety of potential tenants and stakeholders in the Food Pavilion and associated Food Education facility. A successful meeting with various representatives from the education sector and hospitality sector was held to explore potential links with the facility. Ben Milbourne was also announced as a high profile enthusiastic ambassador of the food components of LIVING CITY with a particular emphasis on the food pavilion. Construction Tender Released – The commencement of the construction tender process in early September was a significant project milestone. The construction tender has been released as a two stage process and it is anticipated that Council will shortlist suitably qualified contractors in October and make a decision on the successful tenderer in late 2015. This first construction contract will be a significant boost to the local economy with independent analysis demonstrating that 800 direct and 2,000 indirect jobs will be created by the construction of the LIVING CITY project. Council has identified the significance of the contract to the local economy and has included a local content as a criterion for evaluating the tenders received. Future Progress – The next three months will see the continued focus on Stage 1 of LIVING CITY. The design team will continue to determine detail to enable the development application to be submitted and the construction tender to be finalised. Negotiations with the State Government will need to be concluded and the State contribution to Stage 1 finalised. ITEM 5.9


PAGE 44 Report to Council meeting on 28 September 2015

A number of detailed reports will be provided to Council in coming months to progress Stage 1 of LIVING CITY, these include: 

Food Pavilion business case



Conference Venue Operator



Stage One financing plan



Construction contractor selection



Development Approval (in its role as the Planning Authority)

In addition to preparations for Stage 1, Council will continue to negotiate with potential tenants for Stage 2 and the Southern CBD.

COMMUNITY ENGAGEMENT Community consultation has been a major component of LIVING CITY throughout the entire project. This is continuing with a significant community consultation process occurring in July in relation to the concept design for Stage 1. Another meeting of the LIVING CITY Reference Group has been held and its key tasks are to keep the community informed on project progress and enable community input. Regular updates have also provided to the public through media releases, enews and website updates on the community consultation, appointment of Ben Milbourne as food ambassador and calling for tenders for construction tenders for Stage 1.

FINANCIAL IMPLICATIONS

Council‟s 2015/16 Operational Budget has an allowance for income and expenditure associated with LIVING CITY. This includes the rent, and outgoings of commercial properties purchased by Council to facilitate the implementation of LIVING CITY. It also includes staff resources, consultants, advertising and general materials along with finance related items such as depreciation, interest charges, internal charges and land tax. The following graphs indicate current year to date actual income and expenditure in comparison to the budget allocation.

ITEM 5.9


PAGE 45 Report to Council meeting on 28 September 2015

As of the 31 August 2015, income is tracking in line with budget. The demonstrated variance in expenditure is a timing issue, and is expected to be in line with budget by the next update. Capital Expenditure Council allocated $4,112,090 in the 2014/15 financial year for capital expenditure associated with LIVING CITY. As of the 30th June 2015 $886,865 of capital expenditure occurred, primarily with P+i and the architects to progress the Multipurpose Building and retail development, with the balance being carried forward to the 2015/16 financial year. So far in the 2015/2016 year, $1,084,435 of a total budget of $5,496,000 (inc‟s carried forward amount) has been spent. This allocation is to progress the design and approval process for the new buildings and car parks, along with funding for any necessary additional property purchases. Actual capital expenditure on LIVING CITY related items over the last three financial years is summarised below: Year

Actual Expenditure

2012/13

$7,683,282

2013/14

$4,614,323

2014/15

$886,865

2015/16 YTD

$1,084,435

RISK IMPLICATIONS 

Political/Governance Government support for LIVING CITY is essential and Council must continue to promote the strategy as an attractive proposition to both the State and Federal Governments. Maintaining community support and highlighting the regional benefits of LIVING CITY are critical in this process. ITEM 5.9


PAGE 46 Report to Council meeting on 28 September 2015



Communication/Reputation Council have invested significantly in LIVING CITY and the community expectation that the strategy will be delivered is very high. Council risk enormous reputational damage if the Master Plan is not implemented.



Financial The financial risks with LIVING CITY are significant and a robust financial model has been developed to inform decisions for the best long term financial outcomes. The model will link with Council‟s annual and long term financial and asset management plans.

CONCLUSION LIVING CITY will create a transformed City that will revive the region. With the Master Plan now formally adopted by Council the focus has moved from planning to implementation. Progress on Stage 1 has been significant over the past three months, with the design to a level that has enabled the construction tender process to commence. Community consultation has been a significant focus in the past three months specifically in relation to the Stage 1 plans, but more generally through the LIVING CITY Reference Group. The highest priorities in coming months are continuing the design and financial modelling for Stage 1 and contractor selection.

ATTACHMENTS Nil

RECOMMENDATION That the report on the progress of LIVING CITY be received and noted.

Author: Position:

Rebecca McKenna Project Officer Development

Economic

Endorsed By: Position:

ITEM 5.9

Matthew Atkins Acting General Manager


PAGE 47 Report to Council meeting on 28 September 2015

5.10

TASTE THE HARVEST - FINANCIAL SUPPORT REQUEST FROM LIONS CLUB OF CITY OF DEVONPORT INC. File: 29102 D377985

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 4.2.2

Cultural facilities and programs are well planned and promoted to increase accessibility and sustainability, active engagement and strong participation for the benefit of current and future generations

SUMMARY This report is provided for Council to consider a request from the Lions Club of City of Devonport Inc. (Lions Club) for the Taste the Harvest Festival to be financially underwritten by Council.

BACKGROUND The Lions Club have approached Council to consider underwriting the Taste the Harvest event. The event is run in March each year and the Council provides support and assistance under a Heads of Agreement. The Heads of Agreement sets out Council‟s commitment to the event and is attached. The Lions Club presented at a Council workshop on Monday 29 June, and provided financial details relating to the event.

STATUTORY REQUIREMENTS

There are no specific statutory requirements associated with this report that Council needs to be aware of at this time.

DISCUSSION A Heads of Agreement exists between Council and Lions Club for Taste the Harvest which sets out the responsibilities of each part and the assistance that Council will provide on an annual basis towards the running of the event. Council‟s responsibilities include: Music & Children’s Entertainment – Council contacts and engages music and children‟s entertainment, development of contracts, travel, accommodation and production requirements and Australasian Performing rights Association (APRA) for the full programing for a ten hour event for two stages on the main day of the event. Council staff also distributes packs to performers and suppliers which contain performer‟s instructions, site maps, entry passes (or wristbands) and parking passes. Council select and approach/engage on behalf of the Lions Club an MC and stage manager for the main stage. Risk assessments of performance areas and the children‟s area are also undertaken by Council staff. Stallholder Information – Council Officers assist in the development of the site map, update and print parking permits for staff, performers, vendors and sponsors, produce identification tags for Council staff and designated Taste the Harvest staff (lanyards). Council Officers also retain a list of payments to be made, and provide to Treasurer. Council Officers have also undertaken poster design, booklet design, organised passes or wristbands, Place of Assembly, Smoking and Event Pack paperwork as well as letters to vendors and vendor packs, food and alcohol vendor logistics, collating information for ITEM 5.10


PAGE 48 Report to Council meeting on 28 September 2015

Health Department, print menu for dinner, thank you cards for performers, vendors and sponsors. Media – Council provides entertainment and performer‟s promotional pictures and biographies for distribution to media outlets. Promotion and advertising – The event is advertised through Council‟s networks, websites, Facebook, Devonport Food and Wine Festival promotional calendar and literature, and PowerPoint slides displayed in the customer service foyer at Council. Marketing – Council staff design and print site-wide signage, including signage for gates, parking, children‟s area, glass stalls and Producer‟s Marquee. They also organise laminating of signage where required. Service Assistance – Council provides service assistance to the Lions Club through organising stage hire, organising road closure information and advertising, equipment hire from Council‟s Operations Centre and the provision of a road closure map. Council staff also attends regular monthly meetings for Taste the Harvest. The meetings are held after hours, and increase in regularity closer to the event. The Profit and Loss statement provided by the Lions Club for Taste the Harvest 2015 indicates an operating Profit of $9,570 for the event. Further information provided by the Lions Club indicate the profit from staging the event has declined significantly over the last five years, and the sustainability of the event is at risk if the event was ever to be rained out. The Profit and Loss sheet indicates a number of key line item expenses that have contributed to decreasing year on year profits for the event. These items include: 

Increased entertainment, stage hire and sound technician fees



Increased security, amenity and hire equipment fees



Increased marketing and advertising costs

The Lions Club has stated that the financial implications of a rain affected event would deplete the cash reserves of the Club, and as a result the Club would not be in a position to continue to run the event. Council has not sighted the bank balances of the Lions Club. If Council resolved to underwrite the event, it could determine a series of criteria by which to assess how much it would underwrite the event, dependent on certain factors, e.g. how the event is impacted by weather; under what conditions would it be paid if the event was to be cancelled by the Lions Club etc. The criteria outlining the terms and conditions of the event being underwritten are to be developed no later than February 2016.

COMMUNITY ENGAGEMENT There has been no community engagement undertaken as a result of this report. Consultation has been undertaken with the Lions Club and a Council workshop held with Aldermen.

FINANCIAL IMPLICATIONS The Lions Club has requested that the event be underwritten to the amount of $30,000 by the Council however $10,000 may be a more reasonable sum should Council commit to underwriting the event.

ITEM 5.10


PAGE 49 Report to Council meeting on 28 September 2015

Whilst no provision has been made in the 2015/16 Council operating budget for this amount, it may not be required depending on the success or otherwise of the event.

RISK IMPLICATIONS 

Consultation and/or Communication There is a risk that if Council underwrite the event, a precedent will be created for all service clubs and event organisers to submit similar requests to Council.



Human Resources There may be an expectation that Council Officers will undertake an increased number of duties and tasks associated with the event if Council agrees to underwrite the event.

CONCLUSION

The support and assistance currently provided by Council and its Officers to the Lions Club is significant. Council will continue to support the Lions Club for the Taste the Harvest event through a Heads of Agreement, regardless of whether or not Council resolve to underwrite the event. It is not common practice for events of this nature to be underwritten by Council. Should Council determine to underwrite the event it would need to be subject to detailed conditions including bank balances of the Lions Club, length of delay caused by the weather and management practices.

ATTACHMENTS 1.

For Signature - Heads of Agreement - Lions Club of Devonport - Taste the Harvest 2105

2.

Taste The Harvest Profit And Loss Statement 2015 Lions

Confidential

RECOMMENDATION OPTION 1 That Council agrees to: (a)

continue to support the Lions Club of City of Devonport Inc as detailed in the Heads of Agreement; and

(b)

not underwrite the Taste the Harvest event in 2016.

OR OPTION 2 That Council agrees to: (a)

continue to support the Lions Club of City of Devonport Inc as detailed in the Heads of Agreement; and

(b)

underwrite the Taste the Harvest event for the next three years up to a maximum of $10,000 per year based on agreed criteria.

Author: Position:

Stuart Jones Marketing, Tourism and Recreation Manager

Endorsed By: Position:

ITEM 5.10

Shane Crawford Executive Manager Business

Corporate

&


PAGE 50 For Signature - Heads of Agreement - Lions Club of Devonport - Taste the Harvest 2105

ITEM 5.10

ATTACHMENT [1]


PAGE 51 For Signature - Heads of Agreement - Lions Club of Devonport - Taste the Harvest 2105

ITEM 5.10

ATTACHMENT [1]


PAGE 52 Report to Council meeting on 28 September 2015

6.0

INFORMATION

6.1

GENERAL MANAGER'S REPORT - SEPTEMBER 2015 File: 29092 D372079

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, 20 August to 23 September 2015. 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.

Received a presentation from the operators of the Splash Aquatic Centre, Belgravia Leisure on the results for the year ended 30 June 2015. The agreement with Belgravia provides Council with a profit share based on specific criteria. $143,225 is Council‟s share for the 2014/15 financial year. 

 2.

425,000 people visited Splash during the year -

133,000 casual entries

-

171,000 fitness club members

2,043 members at 30 June 2015 and 602 learn to swim enrolments.

LIVING CITY 2.1.

Ongoing discussions with the P+i Group on the progress of LIVING CITY. These discussions included a number of project team meetings.

2.2.

Attended a Council Workshop at which time Aldermen were provided with an update on a number of aspects of LIVING CITY. ITEM 6.1


PAGE 53 Report to Council meeting on 28 September 2015

3.

COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.

Met with representatives of the Devonport Tennis Club to discuss concerns they have with the shading of some of their courts by the tea trees on the Council maintained reserve.

3.2.

Attended the announcement of the Youth Housing Project to be undertaken in Devonport. The project will see the former accommodation facility on the Devonport TAFE Campus converted to self-contained units for at risk and disadvantaged youth. The proposal will also see a 20 lot subdivision of vacant land adjacent to the accommodation building for residential purposes.

3.3.

With the Mayor met with representatives of the Devonport and Surrounds Tourism Association to discuss a number of issues including:          

4.

Street Signage Tourism Signage Beautification of Entry to Devonport and Formby Road Tiagarra Sub-Regional Tourism Destination Website Free WiFi Community Tourist Projects and their long term viability Expectation of Assistance between Council and the Association Capitalising on Spirit of Tasmania passengers Creating a sense of arrival for Devonport and Surrounds through placement of billboard signage at Ferry Terminal and Devonport Airport.

3.4.

Met with recently appointed new President of the Devonport Chamber of Commerce & Industry, Ms Stacey Sheehan.

3.5.

Met with the Manager of the Devonport Airport, Peter Friel. Tas Ports as owners of the Airport continue to consider branding opportunities to build upon and enhance the airports reputation and access. As outlined in recent media report Mr Friel expects that passenger growth this financial year will be modest and that there was still plenty of capacity at the airport for further growth. An outline was also provided that major maintenance would be occurring over the coming months as the runway is resurfaced.

NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.

Attended a Cradle Coast General Manager‟s meeting. Issues discussed at this meeting included an update from the CEO of the Cradle Coast Authority, update on the progress of the Cradle Coast Waste Management Group, LGAT Human Resources Policy documents, impacts of the revaluation of Council areas including the provision of cost adjustors and their relevancy, an update on the proposed Shared Services study, and a presentation by the CEO of Quadrant and Tasplan in the merger of the two organisations and the impact on the provision of superannuation services to employees in local government.

4.2.

Attended a LGAT Statewide General Managers meeting. Items discussed at the meeting included: Digital Disruption for Local Government - Digital transformation is occurring and the need for local government to be active in preparing for the future. There is an emerging risk that IT servers will disappear - companies will no longer be making them and therefore there is a need to move proactively to future cloud

ITEM 6.1


PAGE 54 Report to Council meeting on 28 September 2015

based systems. Choosing the right system is going to be the challenge and making sure it is fit for purpose. Sarah McDonald and Russell Kelly from the NBN Co provided an update on the rollout of NBN in Tasmania. To date from construction to activation phase it was reported the NBN now passes (or is available to) - 93,000 premises and that approximately 43,000 have connected. An officer from the office of the Director of Public Health demonstrated a new management system funded through DHHS for the benefit of EHO's throughout the State. The system known as RIAMS was operational from 1 September for a 12 month trial. If successful the future funding of the system and its wider application to statutory enforcement processes will be considered and discussed with local government. The Chair of the State Government‟s Planning Taskforce, Mary Massina – presented an update on the development of the Statewide Planning Scheme. There is currently five tranches of work being undertaken. In particular it was advised that 16 of the 22 zoning descriptions had been completed and three of the nine codes prepared. The zoning and codes will be shared with the councils through regional meetings during September. Targeted consultation is to occur up until mid-November – Interim Planning Scheme process has been shown to be sub-optimal and therefore the new Statewide Schemes will not come into effect until each council prepares their local provision - new Schemes will then come into place progressively as each council completes its works. The Minister has made it clear that new schemes for all 29 councils are to be implemented fully by 2017. The Acting Valuer-General attended the meeting to discuss capital value rating and the issue around proportional rating currently only being available through the Assessed Annual Value (AAV) system. The Valuer General has now determined that he can apportion values under Capital Value but each needs to be taken on its merits and only following separate request from councils which establish clear reason why they are necessary. Each request will be looked at separately. 4.3.

5.

The Mayor and Acting General Manager attended a regional briefing on 16 September by the chair of the State Government‟s Planning Taskforce, Mary Massina. The update focussed on sixteen of the twenty-two zoning descriptions and three of the nine codes that have been drafted for the new Statewide Planning Scheme.

STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.

Council has received advice from the Minster for the Arts, Dr Vanessa Goodwin MLC that the State Government‟s contribution for the Devonport Regional Gallery in 2015-16 will be $63,000. A grant deed has been signed to allow the funding to be provided. Dr Goodwin further advised that in future funding for museums, galleries and heritage organisations in Tasmania will be distributed through a new Cultural Heritage Program from 2015-16. As a result Council will in future need to apply to Arts Tasmania for an annual grant, in a peer assessed competitive process.

5.2.

Council recently applied for funding for three projects under the State Government‟s „Vulnerable Road User Program 2015/16‟. All three applications were successful and will be listed as additional capital projects: ITEM 6.1


PAGE 55 Report to Council meeting on 28 September 2015

Location

5.3.

Project Summary

Amount

Tarleton Street, Two new pedestrian refuge islands East Devonport with holding rails and reflective signage on section between John Street to Stephen Street.

$44,000

William Street, Two new pedestrian refuge islands Devonport with holding rails and reflective signage on section between Tasman Street and Stewart Street.

$22,000

Forbes Street, New pedestrian refuge island with Devonport holding rails and reflective signage on section between Charles Street to Tasman Street.

$62,000

The State Grants Commission has advised that the 2015-16 financial assistance grants (FAGs) have been approved. The following summarises the allocated Devonport grants compared with budget and the previous two financial years: Base Grant

Road Grant

Total

2012/13 *

806,899

1,126,525

1,933,424

2013/14 *

829,489

1,186,945

2,016,434

2014/15 *

753,348

1,231,023

1,984,371

Budget 2015/16

753,348

1,231,023

1,984,371

Actual 2015/16

782,957

1,182,440

1,965,397

29,609

(48,583)

(18,974)

Difference (Actual to Budget) Advance Payment (recognised in 2014/15)

(369,071)

Actual Difference (Actual vs Budget) to be recognised in the financial statement for year ended 30 June 2016

413,886

(612,180) 570,260

981,251 984,146

*Figures as published in the State Grants Commissions Annual Reports

The following information was provided by the State Grants Commission: The Australian Government has allocated Tasmania a total of $71.8 million to be distributed in relation to 2015-16. This amount represents a 0.91 percent decrease in the total grant pool to the finalised total entitlement for 2014-15. The base grant pool ($34.5 million) decreased by 1.87 per cent from the finalised 2014-15 entitlement, which reflects both the cessation of indexation of the grant pool and Tasmanian's declining share of the national population. The road grant pool ($37.3 million) was essentially unchanged from the finalised road grant entitlement for 2014-15, which reflects the cessation of indexation of the grant pool and Tasmania's entitlement to a fixed share of the national road grant pool. Advance Payment – on 29 June 2015, the Australian Government announced it would be making an advance payment in respect of the 2015-16 FAG ITEM 6.1


PAGE 56 Report to Council meeting on 28 September 2015

entitlements to the states and territories into the 2014-15 financial year. It brought forward the payment of the first two instalments of the 2015-16 FAG allocation to the states and territories to 30 June 2015. The Department of Treasury and Finance received and distributed this advance payment to councils on 30 June 2015.

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 Councilsâ€&#x; 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 - September 2015

RECOMMENDATION That the report of the General Manager be received and noted.

Author: Position:

Paul West General Manager

ITEM 6.1


PAGE 57 Action Report on Council Resolutions - September 2015

ATTACHMENT [1]

DEVONPORT CITY COUNCIL ACTION REPORT ON COUNCIL RESOLUTIONS - SEPTEMBER 2015 OPEN SESSION MEETING DATE August 2015

RESOLUTION NO

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

160/15

PA2015.0035 Sports and Recreation (Paintball Facility)

In progress

Currently under appeal.

161/15

Pay by Phone Parking Technology

Conditionally approved application PA2015.0035 and granted a Permit to use and develop land identified as 56 Nielsens Road, Tugrah for the following purposes:  Sports and Recreation (Paintball facility) assessment against performance criteria for the following provisions in Rural Resource zone: 26.3.1, 26.4.1 & 26.4.2 and provision E9.5.1 in the Traffic Generating Use and Parking Code (Signage Permitted) Agreed to trial pay-by-phone technology in off-street car parks, excluding the Best Street Car Park, for the next twelve months.

Completed

162/15

General Manager's Delegations Heavy Vehicle National Law (Tasmania) Act 2013 CT0129 Tender Report River Road Widening Stage 3 &4

a) delegate the functions and powers of the Heavy Vehicle National Law (Tasmania) 2013 to the General Manager (or any officer acting in the capacity of General Manager), with immediate effect; and b) General Manager‟s Instrument of Delegation be updated accordingly. In relation to Contract 1294 - River Road Widening State 3 & 4: a) award the contract to Gradco Pty Ltd for tendered sum (incl provisional item) of $261,792 (ex GST); b) note that design, project management and administration for project are estimated to cost $16,000 (ex GST); and

Completed

App launched to the public and trials underway. The app will be promoted through an ad in Cmax. Further report to Council September 2016. Delegations updated.

Completed

Contract has been awarded.

163/15

ITEM 6.1

RESPONSIBLE OFFICER DGM

EM (C&B)

GM

DGM


PAGE 58 Action Report on Council Resolutions - September 2015

MEETING DATE

RESOLUTION NO

August 2015

163/15 (cont.)

TOPIC

164/15

Land at 260 Steele Street, Devonport - Off Leash Dog Area and other community uses

165/15

Christmas Decorations

166/15

Shared Services Study - Cradle Coast Region

ATTACHMENT [1]

RESOLUTION/ITEM

STATUS

c) note that a construction contingency of $25,000 (ex GST) is included in budget). 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. Received and noted report regarding an expression of interest from Decona Pty Ltd to supply Christmas decorations and: a) approved the purchase of new banners and Christmas tree decorations up to a cost of $20,000; and b) agreed to purchase decorations in the following order of priority until the balance of the $70,000 budget allocation is spent: 1. Trees in Roundhouse Park 2. The Mall 3. Street Decorations 4. Devonport Entertainment & Convention Centre Council determined 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.

ITEM 6.1

COMMENTS

RESPONSIBLE OFFICER DGM

In progress

Crown Landâ€&#x;s advice received. Dog exercise area a permitted use under the lease. Application to be forwarded to Crown Lands Services advising of works to be undertaken and seeking final sign off. Report prepared for September Council meeting regarding planning requirements.

Completed

Decorations have been ordered and deposits paid.

Completed

Letter forwarded to Cradle Coast Authority.

GM

DGM

GM


PAGE 59 Action Report on Council Resolutions - September 2015

MEETING DATE August 2015

RESOLUTION NO 172/15

ATTACHMENT [1]

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Infrastructure Works and Development Committee Meeting - 10 August 2015

IWC 26/15

Completed

Contract awarded.

Completed

Contract awarded.

Completed

Strategy has been uploaded onto website.

In progress

Community comments being sought - report to October I&W Committee

Completed

Program has been updated to include these projects.

Completed

Survey work underway.

IWC 27/15

IWC 28/15 IWC 29/15

IWC 30/15

IWC 31/15

Awarded contract to Roadways Pty Ltd based on tendered schedule of rates in the order of $328,230 (ex GST) Awarded contract to Crossroads Civil Contracting Pty Ltd based on tendered schedule of rates in the order of $203,404 (ex GST) Adopted Bike Riding Strategy 2015-2020 with immediate effect. a) identify removal Mersey Bluff Sound Shell steel roof structure as preferred outcome; and b) seek community comment on its intentions prior to proceeding Noted additional Roads to Recovery Funding of $321,000 for 2015/16 and added a. Devonport Road reconstruction, Horsehead Creek to McLeod Avenue b. Hiller Street and Ashburner Street intersection reconstruction to 2015/16 capital works budget. Support concept of new track and progress negotiations and survey work to secure required land, further consider allocating funding in its 5 year capital works program to progress project.

ITEM 6.1

RESPONSIBLE OFFICER DGM


PAGE 60 Action Report on Council Resolutions - September 2015

MEETING DATE August 2015

RESOLUTION NO 174/15

ATTACHMENT [1]

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

Community Services Committee Meeting - 17 August 2015

CSC 20/15

Completed

Advised the Sport and Recreation Strategic Special Committee - 16 September 2015.

In progress

Consultation currently open on Speak Up Devonport.

Completed

No action required.

In progress

Report to be submitted to the 19 October 2015 Community Services meeting.

Completed

No action required.

In progress

Community consultation process underway.

In progress

Youth Focus groups currently being developed. Community Survey currently open on Speak Up Devonport, closes 7 December 2015.

CSC 21/15

CSC 22/15

CSC 23/15

CSC 24/15 CSC 25/15

CSC 26/15 CSC 27/15

Approve request to provide SRSSC with information regarding future sporting precinct capital works including safety, renewal and prioritisation projects and approve request from MPMCA relating to minutes. Further report be provided detailing impact, costs and level of community support for a Bike Safety Park within Pioneer Park, East Devonport. approve unspent capital budget funds being carried forward and combined with future budget allocations for acquisition of a work from a significant Tasmanian artist, identification of appropriate piece of artwork for consideration by Council. Council appoint three Aldermen to assess applications and report assessment to September Council meeting, those Aldermen being Aldermen Martin, Keay and Goodwin Volunteer Strategy 2015-2019 be adopted. Seek community feedback on potential lighting of Meercroft Park and/or Byard Park; with further report provided to Council. Youth Engagement Plan be endorsed Undertake a Devonport Community Survey for benchmarking purposes.

ITEM 6.1

In progress

RESPONSIBLE OFFICER EM (CS)


PAGE 61 Action Report on Council Resolutions - September 2015

ATTACHMENT [1]

Previous Council Resolutions - still being actioned MEETING DATE July 2015

RESOLUTION NO 145/15

June 2015

117/15

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

East Devonport Public Art Project Proposal

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. Determined to: a) adopt Community, Childcare and Commercial Lease Policy with immediate effect; b) adopt Sport and Recreation Groups Policy with immediate effect; c) acknowledge that transferring clubs and organisations to new requirements will be staged over a period of months; and advise concerned Clubs to apply to Council for assistance through its merit based Financial Assistance program. 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.

In Progress

SIG is currently confirming primary project participants. Primary project participants confirmed, EDPS, EDC&FC, Orana, EDCH.

Completed

All clubs provided with copies of the relevant Policy.

Completed

Meetings have been occurring with relevant groups to finalise and implement arrangements.

In progress

Contract to be finalised once funding model is determined with the State Government.

In progress

Report being prepared October Council meeting.

Lease Policies Council Buildings and Facilities

121/15

LIVING CITY National Stronger Regions Fund Grant Deed

130/15

Community Services Committee Meeting - 15 June 2015

ITEM 6.1

RESPONSIBLE OFFICER EM (C&B)

GM

DGM (IW&D)

for

EM (CS)


PAGE 62 Action Report on Council Resolutions - September 2015

MEETING DATE June 2015

RESOLUTION NO 130/15 (Cont.)

TOPIC

February 2015

30/15

Entry Corridor Ferry Terminal to Bass Highway Ald J F Matthews

January 2015

3/15

Drainage Issues - 160B Sheffield Road and Gibson Court Subdivision - Ald J T Keay

ATTACHMENT [1]

RESPONSIBLE OFFICER EM (CS)

RESOLUTION/ITEM

STATUS

COMMENTS

CSC 13/15 b) seek Department of State Growth advice re potential installation of signage outlining Devonport attractions on Tarleton Street/Bridge Road. c) request report from City Engineer on proposal to designate south side of Morris Ave (opposite Devonport Community House, from Middle Road to Chichester Drive) as a “No Standing� zone. 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. Engage a suitable consulting firm to prepare a report on drainage issues related to 160B Sheffield Road and Gibson Court subdivision with a requirement that the Consultant engaged be required to consult directly with the property owners.

In progress

Existing directional signage being reviewed by Infrastructure & Works Department.

In progress

Additional no standing area being designated opposite Community House driveway.

In progress

Report on review to be submitted to 19 October 2015 Community Services meeting

EM (CS)

In Progress

Consultant has undertaken investigations and interviews, awaiting final report.

DGM (IW&D)

ITEM 6.1


PAGE 63 Action Report on Council Resolutions - September 2015

ATTACHMENT [1]

CLOSED SESSION MEETING DATE August 2015

RESOLUTION NO 177/15

179/15

TOPIC Confidential minutes of the Sport and Recreation Strategic Special Committee meeting Local Government Association of Tasmania 2015 By-Election of President

RESOLUTION/ITEM

STATUS

Determine not to purchase property at this time

Completed

Council voted in order of preference

Completed

RESPONSIBLE OFFICER EM (CS)

COMMENTS

Ballot paper completed in accordance with Councilâ€&#x;s resolution.

GM

Previous Council Resolutions - still being actioned MEETING DATE July 2015

RESOLUTION NO 155/15

December 2014

320/14

TOPIC Sale of Land for Unpaid Rates 86 Middle Road, Devonport LIVING CITY Business and Professional Precinct Proposal

RESOLUTION/ITEM

STATUS

COMMENTS

Approve the commencement of the process for the sale of 86 Middle Road, Devonport for outstanding rates in accordance with the provisions of the Local Government Act 1993. Support preparation in conjunction with Devonport Central Pty Ltd of proposal for new business relocation into King Street.

Completed

Process underway.

Ongoing

Awaiting response potential tenant.

ITEM 6.1

RESPONSIBLE OFFICER DGM

from

DGM (IW&D)


PAGE 64 Report to Council meeting on 28 September 2015

6.2

MAYOR'S MONTHLY REPORT File: 22947 D385524

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 August 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 August 2015:                             

East Devonport Community House – Golf Day

Devonport High School – NAIDOC Medal presentation Alyssa Hurd Rosie Batty forum – Launceston Coastal Business Network – LIVING CITY Learning Communities Special Interest Group Spirit of Tasmania – Launch of new refurbishments Mayor‟s Meeting – Circular Head Nic Mercer, General Manager 2015 Australian Masters Games – Adelaide East Devonport Primary School P&F sub-committee Grant Hirst & Matthew Jago – LIVING CITY Infrastructure, Works & Development Meeting Chis McCoy – CEO Basketball Tasmania Brian Webber Jazz Taskforce Sister City Association NWBU Grand Final Women‟s Devonport Senior Citizen‟s Club Resident meetings HACSU – Robbie Moore Gail Eaton-Briggs - TASTAFE TASTAFE – blueprint for training for real jobs LIVING CITY Reference Group Deputy Premier Jeremy Rockliff – Learning Communities East Devonport Primary School – Trivia Night guest MC Melrose Memorial Hall Controlling Authority AGM Soroptimist Club Radio interviews LIVING CITY – Hospitality forum Mayor‟s Charitable Trust Fund ITEM 6.2


PAGE 65 Report to Council meeting on 28 September 2015

                             

Community Services Committee Don College – Eastern Shore Community House launch “5 Week Challenge” Commemoration Service - Vietnam Veterans Day Building Families Committee Maidstone Park Controlling Authority Grant & Jan Bingley Food Ambassador announcement – Ben Milbourne Community Safety Liaison Group Devonport Lions Club – Guest Speaker Education Ambassadors; Prof. Eleanor Ramsay & Michael Rowan – Hobart AFL Tasmania; Scott Wade & Barry Gibson - Hobart Shadow Minister for Health Rebecca White - Hobart HACSU Robbie Moore - Hobart Football Federation Tasmania Best & Fairest Count – Hobart Paintball site tour Mersey Community Hospital Auxiliary AGM Council Ordinary Meeting Graham Jones, President D&STA Off leash dog area media – Advocate Mobile phone parking media - Advocate ABC Radio interview – mobile phone parking Don College student Malcolm Falconer – interview for assessment Nixon Street Primary School Parents & Friends AGM General Management Committee meeting – proxy – Launceston Devonport Community House Christian Men‟s Business Connection‟s Breakfast Jodee Wilson – Education Department State U/12 Basketball Championships (Devonport won Girls & Boys) Tasmanian Broadcasters interview Mercury Newspaper interview

ATTACHMENTS Nil

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 66 Report to Council meeting on 28 September 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 24/8/2015

Description Paintball Facility Application

7/9/2015

LIVING CITY Update Basketball Tasmania

Harbourmaster‟s Café

Section 23 Committee Review

Mall PA System

Purpose An opportunity was provided for Aldermen to attend the proposed Paintball Facility site which was the subject of a Development Application to be considered at the Council meeting that evening. Representative of P+i Group provided an update to Aldermen on the LIVING CITY project. Chris McCoy, CEO of Basketball Tasmania provided an update on Basketball Tasmania activities. A request received from Murphy Investments to use Council maintained parkland for activities associated with the Harbourmaster‟s Cafe was discussed with Council. A discussion around the Section 23 Committee structure now operating and any changes that could be of benefit in the future. Expressions of Interest received for the Mall PA System were discussed with Council.

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 67 Report to Council meeting on 28 September 2015

6.4

ALDERMAN CONFERENCE ATTENDANCE REPORT File: 22947 D387033

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 the congress attended by Ald A Jarman

BACKGROUND

Ald Jarman has provided details of the LGMA Congress held in Darwin from 29 April to 1 May 2015 she attended as a representative of Devonport City Council.

STATUTORY REQUIREMENTS Clause 4.4 of the Aldermen‟s Allowances, Expenses and Provision of Facilities Policy applies: “Aldermen are to provide a report or summary, whether written or verbal, on each interstate conference attended within three (3) months of the conclusion of such conference and this report may be prepared individually by elected members or may be a joint report of the Aldermen who attended.”

ATTACHMENTS 1.

Ald Jarman's Report - LGMA Congress

RECOMMENDATION That the report from Ald Jarman relating to her attendance at the LGMA Congress held in Darwin be received and noted.

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 6.4

Paul West General Manager


PAGE 68 Ald Jarman's Report - LGMA Congress

ATTACHMENT [1]

LGMA CONGRESS DARWIN 29th April - 1st May 2015 Alderman Alison Jarman Report

The Northern Territory Experience Arrived into the heat and discovered a whole new section of Darwin that has been revitalised. The new waterfront complex with convention centre, public tidal wave pool, restaurant frontage, apartment style living and Vibe Waterfront Hotel are a wonderful design and testament to the local, State and Federal governments putting their money where their mouth is! Very similar to what we are trying to achieve here in Devonport with Living City. I noticed the huge change to the city since my last visit 12 years hence. Welcome reception was that first night at "Crocasaurus Cove" and was great meet up with our Governance Coordinator officer, Karen Hampton, and meet some very interesting mixes of councillors, staff and Mayors from most states as well as visitors from the U.K. Learnt a lot about how different we really are state to state and even how being voted in is so diverse, especially when it comes to the way Shires are run. Just a point is if you decide to run for President at LGMA you are fed to the biggest crocodile! Day One: Networking Breakfast for Women in Local Government then onto the main opening ceremony, "Welcome to country" which was our first reminder that we were definitely in the Territory when commencing congress and then (sigh) Mr George Negus walked in......he had us all at hello I tell you! (Even the men!) The theme for congress being The Value Proposition, he began by showing us the map of Australia and asking us all......why do we bother with borders? Great question!"

First question to George Negus (note amused faces on the audience) I was possibly just explaining to him I was Tasmanian and proud of it!

Professor Mark Evans spoke to us next on local government reform and the session I chose to attend in the afternoon was Alternatives to council, case studies and best practise.

ITEM 6.4


PAGE 69 Ald Jarman's Report - LGMA Congress

ATTACHMENT [1]

From left to right; Karen Hampton speaking at Civica Women in Local Government Breakfast, and the new Darwin Conference Centre.

Day Two: We are off and running with the Infamous Dr Barry Jones on reforming local government. He spoke very abruptly on the lack of confidence and trust in any level of government and certainly had us all intrigued. I got up and asked dr Jones on his own opinion of the Hare Clarke system and he was in agreeance that it is a very old fashioned system that generally the voting public don't understands how it works so they therefore don't know how to vote correctly. My session for the second afternoon was Measuring Social Impact. Interesting as the first speaker, Leanne Hartill, spoke about who is the best to make decisions, elected reps or the citizens who are on the various committees? We need to use the "wisdom" of the community better. Next was Dr Jan Owen who encouraged us to harness the youth of the region. "Innovate, drive and Re-imagine" make the youth aware of how to become job creators! Ben Dornier spoke about how smarter ratepayers require smarter cities. Residents only engage if unhappy, so we must reevaluate. Another speaker spoke about simplifying community engagement. Make it fun, robust, use images more than text, in other words, keep it simple and the community will make the effort. I really appreciated the opportunity to attend this conference as I learnt so much from mingling and sharing experiences with staff and elected members from varying types of council run bodies from the different states. A very well run event that showcased the beauty of Darwin and the Northern Territory. ALDERMAN ALISON JARMAN

ITEM 6.4


PAGE 70 Report to Council meeting on 28 September 2015

7.0

SECTION 23 COMMITTEES

7.1

PLANNING AUTHORITY COMMITTEE MEETING - 14 SEPTEMBER 2015 File: 29133 D387188

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 provided to Council by the Planning Authority Committee meeting held on Monday, 14 September 2015.

ATTACHMENTS 1.

Minutes - Planning Authority Committee - 14 September 2015

RECOMMENDATION That the minutes of the Planning Authority Committee meeting held on Monday, 14 September 2015 be received and the recommendations contained therein be noted. PAC 11/15

Planning Applications approved under Delegated Authority 1 August 2015 31 August 2015

PAC 12/15

PA2015.0092 - 2 Lot Subdivision (One Additional Lot) - 100 North Street Devonport

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 7.1

Matthew Atkins Acting General Manager


PAGE 71 Minutes - Planning Authority Committee - 14 September 2015

ATTACHMENT [1]

MINUTES OF A PLANNING AUTHORITY COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 14 SEPTEMBER 2015 COMMENCING AT 11:00AM PRESENT:

Ald S L Martin (Mayor) in the Chair Ald C D Emmerton Ald G F Goodwin Ald L M Perry

Council Officers: Manager Development and Health Services, B May Planning and Environmental Health Coordinator, S Warren Cadet Planner, A Mountney Planning Administration Officer, J Broomhall 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 The following apology was received for the meeting. Ald Matthews

2.0

Leave of Absence

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0 DELEGATED APPROVALS 3.1

PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY 1 AUGUST 2015 - 31 AUGUST 2015 (D386308) PAC 11/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Perry

That the list of delegated approvals be received. Ald Martin Ald Emmerton

For  

Against Ald Perry Ald Goodwin

For  

Against

CARRIED UNANIMOUSLY

ITEM 7.1


PAGE 72 Minutes - Planning Authority Committee - 14 September 2015

ATTACHMENT [1]

4.0 DEVELOPMENT REPORTS 4.1

PA2015.0092 - 2 LOT SUBDIVISION (ONE ADDITIONAL LOT) - 100 NORTH STREET DEVONPORT (D386255) PAC 12/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Emmerton

That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2015.0092 and grant a Permit to develop land identified as 100 North Street, Devonport for the following purposes: 

2 lot subdivision (one additional lot)

Subject to the following conditions: 1.

The subdivision is to be undertaken generally in accordance with the submitted plans referenced as Drawing No 215096 by Michell Hodgetts & Associates Pty Ltd dated 26/06/2015 a copy of which is attached and endorsed as a document forming part of this Planning Permit.

2.

The subdivider is to comply with the conditions contained in the Submission to Planning Authority Notice which TasWater has required to be included in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008.

3.

The subdivider is to take all reasonable steps during the required civil works to minimise off site environmental effects occurring that might result in a nuisance. This includes air, noise and water pollution and doesn‟t allow for burning of any waste materials.

4.

The subdivider is to install a 150mm diameter stormwater connection to the property boundary of Lot 1 in accordance with the municipal standards.

5.

The subdivider is to install a vehicular crossover to Lot 1 from Chalmers Lane in accordance with the municipal standards.

Note: The following is provided for information purposes. A plumbing permit is required for all plumbing service installations. Lot 1 is to be numbered as 21 Chalmers Lane. Lot 2 remains as 100 North Street. Ald Martin Ald Emmerton

For  

Against Ald Perry Ald Goodwin

For  

Against

CARRIED UNANIMOUSLY With no further business on the agenda the Chairman declared the meeting closed at 11:02am.

ITEM 7.1


PAGE 73 Report to Council meeting on 28 September 2015

7.2

GOVERNANCE AND FINANCE COMMITTEE MEETING SEPTEMBER 2015

21

File: 29468 D387996

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, 21 September 2015.

ATTACHMENTS 1.

Minutes - Governance and Finance Committee - 21 September 2015

RECOMMENDATION That the minutes of the Governance and Finance Committee meeting held on Monday, 21 September 2015 be received and the recommendations contained therein be adopted. GFC 33/15

Annual Plan Progress Report - July-August 2015

GFC 34/15

Renew Devonport

GFC 35/15

Offsite Storage of Council's Records

GFC 36/15

Fitness for Work Policy

GFC 37/15

Elected Members' Expenditure Report - July/August 2015

GFC 38/15

Section 23 Committee - Policy Update

GFC 39/15

Annual Financial Report for Year Ended 30 June 2015

GFC 40/15

Finance Report for August 2015

GFC 41/15

Governance & Finance Report

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 7.2

Matthew Atkins Acting General Manager


PAGE 74 Minutes - Governance and Finance Committee - 21 September 2015

ITEM 7.2

ATTACHMENT [1]


PAGE 75 Minutes - Governance and Finance Committee - 21 September 2015

ITEM 7.2

ATTACHMENT [1]


PAGE 76 Minutes - Governance and Finance Committee - 21 September 2015

ITEM 7.2

ATTACHMENT [1]


PAGE 77 Minutes - Governance and Finance Committee - 21 September 2015

ITEM 7.2

ATTACHMENT [1]


PAGE 78 Minutes - Governance and Finance Committee - 21 September 2015

ITEM 7.2

ATTACHMENT [1]


PAGE 79 Council meeting Agenda 28 September 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 - Dulverton Regional 15(2)(g) Waste Management Authority Meeting Audit & Risk Committee - 10 August 2015 and Cradle Coast Authority Board Meeting 11 August 2015

8.3

LIVING CITY Reference Group Minutes

15(2)(c)

8.4

LIVING CITY Land Acquisition

15(2)(b),(f)

8.5

Closed Session - Governance and Finance 15(2)(f) Committee Meeting - 21 September 2015


PAGE 80 Council meeting Agenda 28 September 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

8.2

Unconfirmed Minutes - Dulverton Regional Waste Management Authority Meeting Audit & Risk Committee - 10 August 2015 and Cradle Coast Authority Board Meeting - 11 August 2015

8.3

LIVING CITY Reference Group Minutes

8.4

LIVING CITY Land Acquisition

8.5

Closed Session - Governance and Finance Committee Meeting - 21 September 2015

9.0

Outcome

CLOSURE

There being no further business the Mayor declared the meeting closed at <insert time> pm.


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