Agenda council meeting 22 june 2015 by Devonport City Council

NOTIICE OF MEE ETING hereby giv ven that an n Ordinary y Councill meeting of the Devvonport City Councill Notice is h will be he eld in the Council C Ch hambers, 4 44-48 Best Street, De evonport, o on Monda ay 22 June e 2015, com mmencing at 6:30pm. he public a at 6:30pm. The meetiing will be open to th QUA ALIFIED PERS SONS In accord dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.

Paul Westt GENERAL MANAGER R 015 17 June 20

AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 22 JUNE 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 - 25 May 2015 .................................................................................................... 2

3.2

PUBLIC QUESTION TIME ...................................................................................................................... 3

3.2.1

Responses to questions raised at prior meetings ....................................................................... 4

3.2.2

Questions on notice from the public ........................................................................................... 4

3.2.3

Question without notice from the public .................................................................................... 4

3.3

QUESTIONS ON NOTICE FROM ALDERMEN .............................................................................................. 4

4.0

PLANNING AUTHORITY MATTERS .................................................................. 5

5.0

REPORTS .................................................................................................. 6

5.1

Rates and Charges Policy (D372632)........................................................................................... 6

5.2

Annual Plan and Budget Estimates - 2015/16 (D373198) ....................................................... 14

5.3

Financial Management Strategy (D373885) ............................................................................ 29

5.4

Gifts and Benefits Policy (D373811) ............................................................................................ 79

5.5

Lease Policies - Council Buildings and Facilities (D373665) .................................................... 90

5.6

Shared Services Feasibility - Cradle Coast Authority (D372925).......................................... 101

5.7

LIVING CITY Reference Group Minutes (D371656)................................................................. 129

5.8

LIVING CITY Update - June 2015 (D373281) ............................................................................ 133

5.9

LIVING CITY National Stronger Regions Fund Grant Deed (D373377) ................................ 139

5.10

LIVING CITY Stage 1 Concept Plans (D374088)...................................................................... 142

5.11

Housing Tasmania - Request for discount for early payment of rates (D373431) ............ 145

5.12

Cradle Coast Waste Management - Annual Plan 2105-16 (D373378) .............................. 148

5.13

Unconfirmed Minutes of Meeting - Audit Panel - 5 June 2015 (D373118) ......................... 167

6.0

INFORMATION ....................................................................................... 174

6.1

Workshop and Briefing Sessions held since the last Council meeting (D374576)............. 174

6.2

General Manager's Report - June 2015 (D372046) ............................................................... 175

7.0

SECTION 23 COMMITTEES ....................................................................... 184

7.1

Infrastructure Works and Development Committee Meeting - 9 June 2015 (D373894) ...................................................................................................................................... 184

7.2

Planning Authority Committee Meeting - 15 June 2015 (D374471).................................... 189

7.3

Community Services Committee Meeting - 15 June 2015 (D374587) ................................ 193

8.0

CLOSED SESSION - CONFIDENTIAL MATTERS .............................................. 199

9.0

CLOSURE .............................................................................................. 200

PAGE 1 Council meeting Agenda 22 June 2015

Agenda of an ordinary meeting of the Devonport City Council to be held at the Council Chambers, Fenton Way, Devonport on Monday, 22 June 2015 commencing at 6:30pm. PRESENT Present Chair

Apology

Ald S L Martin (Mayor) Ald A L Rockliff (Deputy Mayor) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald J F Matthews Ald L M Perry

IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Councilâ&#x20AC;&#x2122;s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Councilâ&#x20AC;&#x2122;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 22 June 2015

3.0

PROCEDURAL

3.1

CONFIRMATION OF MINUTES

3.1.1 COUNCIL MEETING - 25 MAY 2015 RECOMMENDATION That the minutes of the Council meeting held on 25 May 2015 as circulated be confirmed.

PAGE 3 Council meeting Agenda 22 June 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.

Public participation will be the first agenda item following the formal motions regarding Leave of Absence, Apologies, Minutes and Declarations of Interest.

A maximum period of time of 30 minutes in total will be allowed for public participation.

A maximum period of time of 3 minutes will be allowed for each individual.

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.

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.

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.

A question by any member of the public and an answer to that question are not to be debated.

The Chairperson may a.

Address questions on notice submitted by members of the public;

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 22 June 2015

3.2.1

Responses to questions raised at prior meetings Meeting held 25 May 2015 Reproduced below is the response dated 27 May 2015 to Mr Trevor Smith’s question: “I write in response to your questions raised at the Council meeting held on 25 May 2015. Question 1: “How much did the Hill PDA report cost the ratepayers of Devonport?” The total cost of the Hill PDA report was $57,844 (ex-GST). To fund the report Council received a $40,000 grant from the Department of State Growth therefore the net cost to Council was $17,844. Questions 2: “According to the LIVING CITY Master Plan Fact Sheet which states “Council has invested $15 million toward securing key strategic properties across the CBD, consolidating strategic sites to ensure development proceeds in each of the precincts”. What is the correct amount that you have spent in purchasing these properties?” The total amount invested in purchasing key strategic properties to date is $14,497,500.”

3.2.2

Questions on notice from the public At the time of compilation of the agenda no questions on notice from the public were received.

3.2.3

Question without notice from the public

3.3

QUESTIONS ON NOTICE FROM ALDERMEN

At the time of compilation of the agenda no questions on notice from Aldermen were received.

PAGE 5 Council meeting Agenda 22 June 2015

4.0

PLANNING AUTHORITY MATTERS There are no items in this agenda to be considered by Council in its capacity as a Planning Authority.

ITEM 4.0

PAGE 6 Report to Council meeting on 22 June 2015

5.0

REPORTS

5.1

RATES AND CHARGES POLICY File: 27321 D372632

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.2.1

Review policies and implement initiatives to ensure meaningful, two‑way communication and consultation with the community

SUMMARY This report is provided to assist Council in formally adopting an updated Rates and Charges Policy (see attachment).

BACKGROUND Council is required under legislation to have a Rates and Charges Policy. A Rates and Charges Policy was adopted by Council in June 2012 (Min 162/12 refers).

STATUTORY REQUIREMENTS The Local Government Act 1993 requires that Council: 86B. Rating and charging policies to be made available to public (1)

A council must adopt a rates and charges policy by 31 August 2012.

(2)

A council's rates and charges policy must contain – (a)

a statement of the policy that the council intends to apply in exercising its powers, or performing its functions, under this Part; and

(b)

a statement of policy in respect of prescribed matters, if any.

(3)

A council's rates and charges policy in relation to the making or varying of a rate must take into account the principles referred to in section 86A(1).

(4)

A council must review its rates and charges policy –

(5)

(a)

by the end of each successive 4-year period after 31 August 2012; and

(b)

at the same time as, or before, making a type of rate, charge or averaged area rate in respect of a financial year, if a rate, charge or averaged area rate of that type was not made in respect of the previous financial year; and

(c)

at the same time as, or before, making under section 107 a variation of a rate or charge in respect of a financial year, if such a variation of that rate or charge was not made in respect of the previous financial year; and

(d)

at the same time as, or before, setting a minimum amount under this Part; and

(e)

at the same time as, or before, altering the circumstances in which a rate, charge or averaged area rate, or a variation of a rate or charge, is to apply to rateable land.

A council, as soon as reasonably practicable after adopting or altering its rates and charges policy, must make copies of the policy as so adopted or altered available to the public – (a)

in paper form, on payment of a reasonable charge; and

(b)

in electronic form, at a website of the council, free of charge.

ITEM 5.1

PAGE 7 Report to Council meeting on 22 June 2015

(6)

A rate, averaged area rate or charge is not invalid by reason only that it does not conform to the council's rates and charges policy.

DISCUSSION Council is required to maintain a publicly available Rates and Charges Policy. As a result of the recent municipal wide revaluation it was appropriate the previous Policy be reviewed and updated to reflect current practices. The format of the Policy has been altered to reflect the current pro-forma used by Council for all of its policies. The new Policy has also been drafted to ensure that it is not specific in relation to quoting specific amounts, percentages or details which reduces the Councilâ&#x20AC;&#x2122;s flexibility in setting its rates each year. The purpose of the Rates and Charges Policy is to outline Councilâ&#x20AC;&#x2122;s approach to determining and collecting rates from its ratepayers. The Policy has been broken down under specific headings including: 1.

Introduction

Legislative Requirements

Strategic Focus

Rates and Charges (i)

Property Valuation Base

(ii)

General Rate

(iii)

Rate Cap

(iv)

Service Rates and Charges

Objections to Rate Notices

Rebates and Remissions

Payment of Rates

Late Payment of Rates

Sale of Property if Rates Remain Unpaid

10.

Postponement of rates

The Act requires that the Rates and Charges Policy is to be reviewed at a minimum each four years. Other significant changes to the way in which Council administers its rates may also trigger the necessity for the review of the Policy.

COMMUNITY ENGAGEMENT The purpose of having a Rates and Charges Policy available is to ensure that the public have ready access to a document that outlines the specifics relating to the processes undertaken by Council in setting and administering the collection of rates and charges.

FINANCIAL IMPLICATIONS Property rates are the primary source of income for Council and as such it is imperative that the collection and administration of rates is clearly articulated.

RISK IMPLICATIONS Council is statutorily required to have in place a Rates and Charges Policy.

ITEM 5.1

PAGE 8 Report to Council meeting on 22 June 2015

CONCLUSION The Rates and Charges Policy attached to this report meets the statutory obligations of Council and also provides a clear and concise outline of the processes Council will use to set, collect and administer the imposition of rates on the community.

ATTACHMENTS 1.

Rates and Charges Policy

RECOMMENDATION That Council adopt the Rates and Charges Policy as attached to this report with immediate effect.

Author: Position:

Paul West General Manager

ITEM 5.1

PAGE 9 Rates and C Charges Polic cy

ATTA ACHMENT [1]]

RATES AND A CHA ARGES POLICY P POLICY TY YPE

PO OLICY ADOPTED D (DATE)

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TRIM):

Council

22 June 201 15

(TBC)

D37 73170

DOCUME ENT CONTROLLLER

RE ESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

General Ma anager

General Manager

PURPOSE

SCOPE

5.5 5.3 – Ensure rev venue modelling meets Co ouncil’s funding requirementts to pro ble pricing relev vant to ovide equitab se rvices delivere ed

March 2019

The e purpose e of this Policy is to outline the Cou uncil’s app proach to o determining and collec cting rates from its ratepayers. es that Co ouncil mee ets its legisslative resp ponsibilitiess Thiss Policy also ensure und der the provisions p o of the Loc cal Govern nment Ac ct 1993 inssomuch ass Co ouncil is req quired to p prepare an nd adopt a Rates and d Charges Policy. Thiss policy co overs:  revenue ra aising pow wers under the t provisio ons of the Local Gov vernment A 1993; Act  strategic fo ocus; or rating purposes;  the valuattion basis fo al rates whe ere approp priate;  the use of differentia arge and rate r capping;  setting of a fixed cha otices;  objectionss to rate no nd remissio ons;  rebates an o rates;  payment of ment of rate es;  late paym operty for u unpaid rate es; and  sale of pro ment of rattes.  postponem

POLICY

1. Introductio on Council ra ates are a form of pro operty tax and are t he primary y source off income for f the d delivery of o local governmen g nt service es to the e communitty. Rates are admin nistered in line with tthe provisiions of the e Local Gov vernment A Act 1993. 2. Legislative e Requirem ments The rating g and valu uation methods available to lo ocal government are e covered under u vario ous piecess of legislattion. In pa articular Pa art 9 of the e Local Gov vernment A Act 1993 and a the Valuation o of Land Ac ct 2001 are e the most relevant r to o Council in n securing rate reven nues. The Gene eral Princip ples in relation to making o or varying rates are e outlined at a Section 8 86A of the Local Gov vernment A Act 1993 as follows:

ITEM 5.1

PAGE 10 Rates and Charges Policy

ATTACHMENT [1]

(1) A council, in adopting policies and making decisions concerning the making or varying of rates, must take into account the principles that – (a) rates constitute taxation for the purpose of local government, rather than a fee for a service; and (b) the value of rateable land is an indicator of the capacity of the ratepayer in respect of that land to pay rates. (2) Despite subsection (1), the exercise of a council’s powers to make or vary rates cannot be challenged on the grounds that the principles referred to in that subsection have not been taken into account by the council. Council will as required not earlier than 1 June and not later than 31 August in any year determine its rates and charges to apply for the financial year. 3. Strategic Focus Council is constantly faced with balancing its service levels, the needs and expectations of the community and setting appropriate tax (rate) levels to adequately resource and fulfil its roles and responsibilities. In determining its rating policies Council gives consideration to the:       

Strategic Plan; Long Term Financial Strategy and Plan; Local Government Act 1993; Current economic climate; Consumer Price Index changes; Local Government Cost Index; and Likely impacts on the community.

4. Rates and Charges (i) Property Valuation Base Council has three choices under the Act for determining its rate charges:  Land Value;  Capital Value; and  Assessed Annual Value (AAV) The Office of the Valuer-General provides the valuations to Council on a cyclical basis (usually each six (6) years). Council was last subject to a municipal wide revaluation with an effective date of 1 July 2015. Under the Act Council is mandatorily required to use the valuations provided to it in setting its rates each year. Council has no role in determining the valuation of properties and all ratepayers are able to dispute their valuation direct with the Valuer General’s Office. Council is also provided with adjustment factors for the various classes of property in the municipal area by the Valuer-General each two years. Council is required to consider these adjustment factors in determining the rates and charges to apply.

ITEM 5.1

PAGE 11 Rates and Charges Policy

ATTACHMENT [1]

Following the most recent revaluation Council determined that the use of AAV per rateable property provided the fairest and most equitable method for the levying of rates on the basis that: 

Rates constitute a system of taxation and the equity principle of taxation requires that ratepayers of similar wealth pay similar taxes and ratepayers of greater wealth pays more tax than ratepayers of lesser wealth; and



Property value is a generally accepted indicator of wealth.

The AAV represents an independent assessment of the rental value of a property or a 4 per cent minimum of the capital value (whichever is the greater). (ii)

General Rate Council sets a General Rate which is to apply to all properties in the municipal area unless varied based on a differential model determined by Council. Council has also determined that a General Rate Fixed Charge per property is to apply as this is the most fair and equitable means of ensuring that all ratepayers contribute equally to the administration of Council’s services and the development and maintenance of community infrastructure. The General Rate is to be varied on a differential basis, based on land use, for the following purposes:

 

Single Residential; and Primary Production.

Single Residential Assessments Single residential properties generally have available to their owners and occupiers the same services as other ratepayers. However, in most cases other classes of assessments such as multiple residential, commercial and industrial users have a greater impact on the main services such as road maintenance and generally derive a greater benefit from the services provided. Primary Production Assessments Primary production properties tend to be more remote from some of the services provided by Council in terms of infrastructure including but not limited to sealed or formed roads, footpaths and street lighting. (iii)

Rate Cap Council will annually consider the use of rate capping to ensure that the increases applied to the various categories of ratepayers are appropriate. Council will only apply rate capping if in its opinion it is justifiable in order to provide relief against what would otherwise amount to a substantial change in rates payable by a ratepayer due to rapid changes in valuation and other factors beyond the ratepayer’s control.

ITEM 5.1

PAGE 12 Rates and Charges Policy

(iv)

ATTACHMENT [1]

Service Rates and Charges Waste Management Service Rate â&#x20AC;&#x201C; Council provides a waste collection and disposal service throughout the city. Council also provides a domestic recycling service to all residences and a cardboard collection service in the Central Business District and Fourways commercial area. For this service Council applies a service rate based on the AAV for the property with a minimum amount payable. Waste Management Service Charge â&#x20AC;&#x201C; Council applies a service charge for waste management services to all single residential properties instead of applying the Waste Management Service Rate. Fire Protection Service Rate - Council is required by the provisions the Fire Services Act 1979 to collect fire service contributions on behalf of the State Fire Commission. The amount of this rate and the minimum charge which is to apply is determined independent of Council by the State Fire Commission.

5. Objections to Rate Notices Council will consider any objections to rate notices in accordance with Section 123 of the Local Government Act 1993. 6. Rebates and Remissions Any individual application for a rebate and/or remission from payment of rates is to be provided to Council in writing and is to comply with the adopted policies from time to time in operation. Council will annually consider whether to provide any rebate or remission to not-for-profit community organisations where they own or are responsible for the payment of rates. Any not-for-profit organisation that wishes to be considered for either a rebate or remission is required to make a formal application for Council to consider. Council may also from time to time determine to provide a remission to a ratepayer, group of ratepayers or a class of ratepayers where it has determined that special circumstances exist. Pensioner Rate Remissions are provided to eligible concession card holders pre-approved by the State Revenue Office. Concessions are only available on a ratepayerâ&#x20AC;&#x2122;s principal residence at an amount predetermined by the State Government. Ratepayers seeking a rate concession are not to withhold payment pending assessment by the State Revenue Office of their eligibility. In circumstance where a concession is approved after payment has been received a refund will be provided to the ratepayer. 7. Payment of Rates Rates are due and payable in full by 31 August each year. However, ratepayers can elect to pay their rates in four equal instalments on 31 August, 31 October, 28 February and 30 April each year.

ITEM 5.1

PAGE 13 Rates and Charges Policy

ATTACHMENT [1]

Ratepayers who have difficulty in paying their rates either in full or by the instalment due dates are encouraged to contact Councilâ&#x20AC;&#x2122;s Rates Office to make an alternative payment plan. Such enquiries are treated confidentially by Council. Instalment payments must be made on or before the due date as failure to do so will result in the full outstanding amount becoming due and payable immediately. 8. Late Payment of Rates Council has determined that penalties will apply for late payment of any rate or instalment which remains outstanding on the due date. The penalty percentage rate is determined by Council each year in line with the provisions of the Local Government Act 1993. Rates which remain unpaid for a period exceeding 30 days from the due date of an instalment will be subject to recovery action through either a recognised Debt Collection Agency and/or Magistrates Court. Prior to initiating recovery action Council will provide the ratepayer with 14-daysâ&#x20AC;&#x2122; notice in writing advising of its intention to commence legal action. 9. Sale of Property if Rates Remain Unpaid The Local Government Act 1993 provides that a Council may sell any property where the rates have been in arrears for a period of three (3) years or more. Council is required to: (a) notify the owner of the land of its intention to sell the land, (b) provide the owner with details of the outstanding amounts; and (c) advise the owner of its intention to sell the land if payment of the outstanding amount is not received within 90 days. Except in extraordinary circumstances, Council will enforce the sale of land for arrears of rates.

LEGISLATION AND RELATED DOCUMENTS ATTACHMENT/S (IF APPLICABLE)

10. Postponement of Rates An application for a postponement of payment of rates on the grounds of hardship must be made in writing addressed to the General Manager. Local Government Act 1993 Fire Services Act 1979 Valuation of Land Act 2001 Not applicable

ITEM 5.1

PAGE 14 uncil meeting on o 22 June 201 15 Report to Cou

5.2

A ANNUAL PLAN P AN ND BUDG GET ESTIM MATES - 2015/16 2 File: 30420 D373198 8

RELEVANCE TO COUNCIIL’S PLANS & POLICIES Council’s Strategic Plan P 2009-2 2030: Strattegy 5.5.1

Provide financial s ervices to support Council's C o perations and meett reporting g and acco ountability y requireme ents

SUMMARY nd Budgett Estimatess The purpo ose of this report r is to o present C Council witth the Annual Plan an for the 2015/16 finan ncial year. mmendatio ons provid ded as parrt of this re eport will se et the rate es and cha arges thatt The recom are to apply for the 2015/16 fin nancial ye ar. ual Plan an nd Budgett Estimatess document has bee en circula ted underr separate e The Annu cover. It is alsso available for public viiewing on n the C Council website w att www.dev vonport.tass.gov.au, th he Devonp port LINC or o at the Ciity Offices.

BACKGROUUND Council has developed the 20 015/16 bud dget, capiital works and a fees a and charge es through h a series off Workshop ps over the e past few months. The main revenue source s for Council is its rate income, which equate es to 69 per p cent off total revenue for the e financial year.

wing financ cial statements have been inclu uded within the Annu ual Plan: The follow 

Estim mated Statement of Comprehe C ensive Inco ome (Profit & Loss)



Estim mated Statement of Financial F P Position (Ba alance Sheet)



Estim mated Statement of Cash C Flowss

ITEM 5.2

PAGE 15 Report to Council meeting on 22 June 2015

STATUTORY REQUIREMENTS The Local Government Act 1993 requires that the General Manager must prepare estimates of Council’s revenues and expenditure for each financial year. Estimates are to contain details of the estimated: (a)

revenue of the council;

(b)

expenditure of the council;

(c)

borrowings by the council; and

(d)

capital works of the council.

Section 71 of the Act requires Council to adopt an Annual Plan each year. The Annual Plan is to be: (a)

consistent with the strategic plan; and

(b)

include a statement of the manner in which the Council is to meet the goals and objectives of the strategic plan; and

(c)

include a summary of the estimates adopted under section 82; and

(d)

include a summary of the major strategies to be used in relation to the Council’s public health goals and objectives.

Part 9 of the Local Government Act 1993 provides Council with the ability to determine the rates and charges that may be applied to properties within its municipal area. The Act requires that rates must be set by Council not earlier than the 1st June and not later than 31st August. Amendments to the Local Government Act 1993 in 2013 identified the following principles in relation to making or varying rates:

86A. General principles in relation to making or varying rates: (1)

(2)

A council, in adopting policies and making decisions concerning the making or varying of rates, must take into account the principles that – (a)

rates constitute taxation for the purposes of local government, rather than a fee for a service; and

(b)

the value of rateable land is an indicator of the capacity of the ratepayer in respect of that land to pay rates.

Despite subsection (1), the exercise of a council’s powers to make or vary rates cannot be challenged on the grounds that the principles referred to in that subsection have not been taken into account by the council.

DISCUSSION The Annual Plan is an integral part of the reporting requirements of Council. The Annual Plan includes the statutory reporting requirements Council are obliged to meet. It also outlines the Council’s plans and aspirations for the ensuing year and is then reported against in the subsequent Annual Report. Council’s 2015/16 budgeted net operating surplus before depreciation expense and capital related income, is estimated to be $9.154M. This compares to the 2014/15 forecasted result of $10.548M. The overall estimated result for the 2015/16 year is an operating surplus of $341K inclusive of depreciation expenses of $8.813M.

ITEM 5.2

PAGE 16 Report to Council meeting on 22 June 2015

Council has finalised its Long Term financial Strategy (LTFS). The LTFS covers a 10 year planning horizon to 30 June 2025. The LTFS is an important part of Council’s overall financial management and sustainability framework. The following table details the net operating results for each of the financial years covered by the LTFS. The result achieved 2012/13, 2013/14 and the 2014/15 forecast is also outlined. Year

Long Term Financial Plan Revenue Expenses Net '000 '000 '000

Actual / Forecast / Budget Revenue Expenses Net '000 '000 '000

2012-13

33,914

34,774

(860)

35,039

2013-14

35,880

36,850

(970)

36,719

34,247

792

2014-15

37,941

38,724

37,006

1,718

2015-16

38,277

37,936

341

38,277

37,936

341

2016-17

38,092

37,852

240

2017-18

38,233

37,795

438

2018-19

38,272

37,912

360

2019-20

38,306

37,857

449

2020-21

38,319

37,863

456

2021-22

38,339

37,739

600

2022-23

38,419

37,790

629

2023-24

38,531

37,676

855

2024-25

38,187

37,557

630

36,705

The General Rate increases and the total rating revenue increase in dollars for the past eight (8) years is as follows: Year

% Increase (General Rate only)

Total rates revenue

Increase from previous year

‘000

Adjusted Increase from previous year %

2008/09 (actual) 2009/10 (actual) 2010/11 (actual) 2011/12 (actual) 2012/13 (actual) 2013/14 2014/15 Forecast 2015/16 Budget Note: The adjusted received.

5.0%

19,383

5.0%

20,666

1,283

6.62%

5.0%

22,233

1,567

7.58%

5.0%

23,836

1,603

7.21%

1.8%

25,019

1,183

4.96%

1.6% 0.0%

26,084 26,354

1,065 270

4.25% 1.03%

0.0%

26,384

0.11%

increases in 2014/15 and 2015/16 relate to supplementary rate income

The decision by Council to maintain a second year of a ‘zero per cent’ overall rating increase continues the program commenced last year to correct the apparent imbalance between rate increases imposed on the community and the ability for these increases to be sustained in the longer term.

ITEM 5.2

PAGE 17 uncil meeting on o 22 June 201 15 Report to Cou

The Annu ual Plan in ncludes sc chedules rrelating to o the proposed 20115/16 cap pital workss program a and fees and a charge es schedul e. Operation nal Budgett The Estima ated State ement of Comprehe C ensive Inco ome has been b upda ated to in nclude the e 2014 Actu ual, 2015 Forecast, 2016 Budg get and th he 2017 and a 2018 LLong Term m Financiall Strategy p projectionss:

The Statement abo ove demon nstrates th hat Council will deliv ver a surpl us before and afterr adjusting for capital items in each e years ou e of the utlined. Ov ver the pa st two yea ars Councill has focussed on de elivering op perational ssavings an nd keeping g increasess in expend diture to a minimum.. In doing this, Coun ncil has be een able to maintain n the net rrates reven nue at the e same leve el since July 2013. To o remain f inancially sustainable e, it is impo ortant for Council C to o continue to genera ate surpluses and in particularr to meet the bench hmark for operating g sustainability as recommende ed by the A Auditor-Ge eneral. This measure e is discusssed furtherr under the e Key Perfo ormance In ndicators se ection of th his document. The generration of an underlyin ng surplus ensures that Council can fully ffund its depreciation n expense a and assistss in the red duction off any borro owings. Th he LTFS sho ows that Council C willl ITEM 5.2

PAGE 18 uncil meeting on o 22 June 201 15 Report to Cou

continue to deliver surpluses s over o the life e of the Pla an and also o shows a significant reduction n in the currrent level of o borrowin ngs as princ cipal is rep paid. The LTFS L assum es that serrvice levelss will remain n constantt and the figures f are e expressed d in todayâ&#x20AC;&#x2122;s dollars, a and not ad djusted forr movemen nts in CPI. Any chan nges in lev vels of income and expenditu ure in the 2016/17 2 orr 2017/18 ye e driven by y a change e in service e or a know wn change e in operattions. ears will be It should be noted d that the forecast for the 20 014/15 fina ancial yea ar is a co onservative e estimate and it is anticipated a d that therre may be e a further improvem ment on the $1.718M M estimated d operating g surplus. The T net surrplus figure e is also like ely to chan nge as a re esult of the e end of ye ear processses relating g to asset v valuations and finalisation of prrojects currrently held d in the worrk in progre ess accoun nt. A graphic cal represe entation off the estim mated conssolidated revenues r a and expen nditures forr the 2015/16 financia al year, wh hen compa ared against the fore ecasted re esult for 2014/15 and d the actua al result in 2013/14, 2 is as follows:

Capital W Works The total capital works w budg get for 201 15/16 is $14.680M which includ des carrie ed forward d projects o of $4.130M..

ITEM 5.2

PAGE 19 uncil meeting on o 22 June 201 15 Report to Cou

Council w will continu ue its focu us on the LIVING CITY plans in the forth hcoming year. y The e implemen ntation pha ase of LIVIN NG CITY is now well underway u and in larg ge part this is due to o Council’s success in n attracting g a Federa al Governm ment Gran nt of $10M and a commitmentt from the State Go overnment to reloca ate LINC and Service Tasma ania has made m the e commenc cement of LIVING CITTY a realityy. Council is aware tha at it also ha as a respon nsibility to adequate a ly provide funding to owards the e replacem ment/rehab bilitation of its assets. This year’ss budget will w see $6.5509M of ne ew money y invested in replacement/reha abilitation p projects. This T amoun nt is appro oximately 75% 7 of the e total value e of Counc cil’s depreciation exp pense.

SUMM MARY - FUN NCTIONAL AREA

Carried Forw ward

New N Capita al Funding

Total Capital C Works

‘0 000

‘000

‘00 00

937

1,2996

2,233

3660

360

7339

789

128

4,6553

4,781

3,000

2,4996

5,496

Plant & Equipmen nt & Informa ation Tech.

1,0006

1,021

TOTAL PROPOSED NEW CAPITTAL WORKS

$4,130

$10,5550

14,680

Public c Space & Recreation Buildin ngs Stormw water Transp port LIVING G CITY

ITEM 5.2

PAGE 20 Report to Council meeting on 22 June 2015

Estimated capital works 2015/16

12% 24%

Parks & open space 3%

Buildings

Plant Furniture & fittings

Roads

Stormwater Living City 44%

Capital works are funded from a number of sources which are identified in the table below. CAPITAL FUNDING - STATEMENT

$’000

Carried Forward

4,130

Operational Funds Generated 2015/16

8,812 708

Retained Earnings

1,030

External Funding

$14,680

TOTAL

For the first time this year a draft 5-year Capital Works Program has also been included within the Annual Plan as an appendix. The draft provides an indication of the scheduling of capital projects over the next five years however it is noted that changes may be made depending on priorities identified each year during budget deliberations. Rates and Charges In developing its budget Council takes into account the Consumer Price Index and the Local Government Association of Tasmania’s (LGAT) Council Cost Index. The CPI increase for the 12 month period ended 31 March 2015 was 0.9% and the LGAT Council Cost Index increased by 2.48%. Despite these external monitored increases, Council has determined that the overall General Rates it will receive for 2015/16 year will be maintained at the same level as that of the previous year - a zero percent overall General Rate increase. Under the Valuation of Land Act 2001 a revaluation of the municipal area is required at least once every six (6) years. For Devonport this was completed in 2015 with new values established for properties as at 1 July 2014. Council is required to use the new values for the levying of its rates and charges for the 2015/16 financial year. After considering its options on the best valuation method for raising rates the Council has determined to maintain its use of the Assessed Annual Value (AAV) method. Essentially the AAV is the rental value of a property and is assessed in accordance with the provisions ITEM 5.2

PAGE 21 uncil meeting on o 22 June 201 15 Report to Cou

of the Va aluation of o Land Ac ct 2001, w which stipu ulates it cannot c be e less than n 4% of a property’ss Capital Value. V It is stresse ed that Co ouncil has no n control over the revaluation r n process. Enquiries regarding g valuationss should be e directed d to the Va aluer General’s Office e, GPO Boxx 44, Hoba art, 7001 orr  (03)626 65 4444 orr via email at ovg.en nquiries@dp pipwe.tas.gov.au. Iff an ownerr wishes to o object to their prop perty valuation, this m must be lod dged within sixty (60)) days from m the date e of the Va aluation Notice on the t prescrribed form m obtainab ble from th he Valuer-General’ss Departme ent. The follow wing graph summarise es the ave erage shift in i AAV in percentage p e terms:

The follow wing table describes d the t impac t of the ratte redistribution as a result of: 

the revaluation and Cou uncil’s dec cision to in ntroduce a 15 per ce ent rate cap on the e overrall increasse that a sin ngle reside ential prop perty can be b charged d.



the introductio on for the first time tthis year a $300 Fixe ed Genera al Rate Charge. Thiss Fixed d Charge provides a mechaniism for Cou uncil to rec cover wha at it believe es to be a reasonable co ontribution from all ra atepayers, irrespectiv ve of their land use or o value off prop perty towa ards the cost c of pro oviding basic local governm ment servic ces to the e com mmunity.



All vacant land d will receive a $150 0 remission in 2015/16 6 as an offfset of the impact off the introductio on of the fixed charrge. Coun ncil will rev view the ffuture prov vision of a remiission to thiis class of ratepayers r s in subsequent budg gets with th he intention to move e vaca ant land to o a more consistent c rrate level.

ITEM 5.2

PAGE 22 uncil meeting on o 22 June 201 15 Report to Cou

Catego ory

Tota al Prop p.

Increa ase >15% %

Single e Residential

10,192

3,616

Primarry Production

143 3

110 0

Vacan nt Land

587 7

Commerrcial

Incre ase >10 0% 907

Incre ease Betwe een Decre ease Decrea ase Decrea ase >5 5% +5% and >-5% % >-10% >-15% % -5% % 95 55

1,821

8877

864

1,142 2

10 0

549 9

10 0

553 3

58 8

10 06

17 74

Industriial

265 5

20 0

10 06

Multiplle Residential

217 7

30 0

50 0

82 2

Highe er Valued d Properties (15% Ca ap)

87 7

17 7

(15% Cap)

Note: In 201 14/15 there were w 358 properties being g charged th he maximum m rate of $2,1 06.42 â&#x20AC;&#x201C; in 20 015/16 271 off these prope erties will have a reduction.

ITEM 5.2

PAGE 23 Report to Council meeting on 22 June 2015

It is important to note that the General Principles in relation to making or varying rates are outlined at Section 86A of the Local Government Act 1993 and in particular notes: (1)

(2)

A council, in adopting policies and making decisions concerning the making or varying of rates, must take into account the principles that – (a)

rates constitute taxation for the purpose of local government, rather than a fee for a service; and

(b)

the value of rateable land is an indicator of the capacity of the ratepayer in respect of that land to pay rates.

In setting its rates the Council has tried to ensure that it has reached a position which takes into account its responsibilities under the Act as outlined above. Kerbside garbage and recycling collection services are provided within the City. In 2015/16 Council has been able to maintain the current level of rates in relation to its waste collection services. The Fire Service Levy is determined by the State Fire Commission and Council is required under the Fire Services Act 1979 to collect the levy. There has been an increase in the fire service levies applied across the City. Once again the revaluation will directly impact the amount that ratepayers will pay for the fire service levy. Council has no control over the setting of the Fire Levy, this is a State Government charge which under legislative provisions Council is obligated to collect on behalf of the State Fire Commission. A summary of the rates for 2015/16 in comparison to those charged in the 2014/15 is outlined in the table below: Rate General Rate – all land General Rate – Fixed Charge General Rate varied for land which is used or predominately used for primary production General Rate varied for land separately assessed and is predominately used as a residential dwelling (and where the number of dwellings on the land does not exceed one (1) Waste Management Service Rate – all land expect that which has a single residential dwelling on it Minimum Charge Waste Management Service Charge where the predominant use is for a residential dwelling and there is only one dwelling on the land

ITEM 5.2

Proposed 2015/16 12.2025 $300

Actual 2014/15 14.2950c -

7.1073c

6.9928c

7.4396c 1.7381c

9.7225c 1.8392c

$20

$224

PAGE 24 Report to Council meeting on 22 June 2015

Rate

Proposed 2015/16

Fire Service Levy - Devonport Urban Fire District - Forth/Leith Fire District - General Land Fire District - Minimum Levy

1.3364c 0.4572c 0.3526c $38

Actual 2014/15 1.2685c 0.4525c 0.3279c $37

Fees and Charges All of Council’s fees and charges have been reviewed as part of the budget process. The majority of fees and charges have not been increased this year. Where a fee, charge or fine is linked to State Government legislation (ie parking fines, rate certificates, environmental penalties) Council is required to ensure that it imposes the required fee or charge.

COMMUNITY ENGAGEMENT Council in the lead up to its budget process launched an on-line community engagement process titled “Budget Allocator”. The Budget Allocator was an opportunity for residents to have input into the budget whilst at the same time it was designed as an educative tool. A detailed report was provided to Council at its meeting on 27 April 2015 on the results of the Budget Allocator consultation results. Two public information forums were conducted by Council on Wednesday 10 June 2015. These forums provided an opportunity for Council to outline the draft budget, proposed capital works and the impact the revaluation would likely have on rates in 2015/16. Twenty members of the public attended these sessions. Media coverage following the public information sessions also outlined the likely impact of the revaluation on rates. An information pamphlet will be included with the rates notice to outline proposed works and budget details for ratepayers. A further media release will be issued following Council’s consideration of the budget alerting the community to the setting of the rates and detailing projects and programs which underpin the budget.

FINANCIAL IMPLICATIONS The development and adoption of the Budget Estimates and Annual Plan is an essential function of Council. To retain the current operating result, any subsequent reduction in income or increase in expenditure must be balanced by a corresponding adjustment in other items.

RISK IMPLICATIONS Should the Budget Estimates not be approved within the anticipated timeframe, it may not be possible to issue the rates notices in sufficient time to comply with the normal deadline for the first instalment. This would likely adversely impact both upon anticipated interest receivable and the cash flow. To ensure that the Budget Estimates and Annual Plan are dealt with in a logical sequence there are 13 separate parts to the recommendation. Should there not be support for particular aspects of the budget, which will impact on the Council’s capacity to deliver programs or capital works, decisions will need to be made on ‘what to cut’ to ensure that there are sufficient funds to undertake the desired works.

ITEM 5.2

PAGE 25 Report to Council meeting on 22 June 2015

CONCLUSION Council must continue to develop strategies to ensure that its future operational budgets and capital programs are sufficient to meet the demand for the delivery of services to the community. Council must adapt to an ever-changing environment to effectively and efficiently meet the current and future demands of its community. The Annual Plan provides a benchmark on which the Council’s performance can be measured.

ATTACHMENTS Nil

RECOMMENDATION 1.

ANNUAL PLAN That in accordance with Section 71 of the Local Government Act 1993 (as amended) Council adopts the Annual Plan for the 2015/2016 financial year and instructs the General Manager to: (a)

make a copy of it available for public inspection at the Council’s Offices and on the website; and

(b)

provide a copy of it to the Director of Local Government and to the Director of Public Health.

ANNUAL ESTIMATES (REVENUE AND EXPENDITURE) That: (a)

in accordance with Section 82 of the Local Government Act 1993 the Council by absolute majority adopts the estimates of revenue and expenditure (excluding estimated capital works) for the 2015/2016 financial year as detailed in the Annual Plan;

(b)

in accordance with section 82(6) of the Act the Council, by absolute majority, authorises the General Manager to make minor adjustments up to $50,000 to any individual estimate item as he deems necessary during the 2015/2016 financial year provided that the total of the Estimates remains unaltered.

RATES RESOLUTION- PART 1 (A) Pursuant Sections 90 and 91 of the Local Government Act 1993 the Council makes a General Rate (“the General Rate”) for the period 1 July 2015 to 30 June 2016 in respect of all rateable land (except land which is exempt pursuant to Section 87 of the Local Government Act 1993) consisting of two components being: (a)

12.2025 cents in the dollar of assessed annual value (the AAV component);

(b)

A fixed charge to all properties of $300.

RATES RESOLUTION – PART 1(B) Pursuant to Section 107 of the Local Government Act 1993, the Council by absolute majority hereby varies AAV component of the General Rate (as previously made) for land within the municipal area which is used or predominantly used for primary production to 7.1073 cents in the dollar of assessed annual value of such rateable land.

ITEM 5.2

PAGE 26 Report to Council meeting on 22 June 2015

RATES RESOLUTION – PART 1(C) Pursuant to Section 107 of the Local Government Act 1993, the Council by absolute majority hereby varies the AAV component of the General Rate (as previously made) for land within the municipal area which is separately assessed and is predominantly used as a residential dwelling, and where the number of residential dwellings does not exceed one (1) on such land, to 7.4396 cents in the dollar of assessed annual value of such rateable land.

RATES RESOLUTION – PART 1(D) Pursuant to Section 88A of the Local Government Act 1993, the Council determines by absolute majority to set a maximum percentage increase in the General Rate for land within the municipal area which is separately assessed and is predominantly used as a residential dwelling, and where the number of residential dwellings does not exceed one (1) on such land of 15 per cent.

RATES RESOLUTION – PART 1(E) Pursuant to Section 129(4) of the Local Government Act 1993, the Council determines by absolute majority to grant a remission of $150 to each member of the class of rate payers who are liable to pay rates in respect of vacant land within the municipal area.

RATES RESOLUTION – PART 2 Pursuant to Sections 93, 94 and 95 of the Local Government Act 1993, the Council makes the following service rates and service charges for land within the municipal area (including land which is otherwise exempt from rates pursuant to Section 87, but excluding land owned by the Crown to which Council does not supply any of the following services) for the period 1 July 2015 to 30 June 2016: (a)

A service rate for waste management (garbage removal) upon all land to which Council supplies or makes available a garbage removal service of 1.7381 cents in the dollar of the assessed annual value of the land. Pursuant to Section 93(3) Council sets a minimum amount payable in respect of this rate of $20.

(b)

pursuant to Section 107 of the Act the Council, by absolute majority declares that the service rate for waste management (garbage removal) is varied by reference to the use or predominant use of land as follows: i)

for all land which is separately assessed and which is predominantly used as a residential dwelling and where the number of residential dwellings on such land does not exceed one (1), vary the service rate to 0.00 cents in the dollar of the assessed annual value of the land and vary the minimum amount payable to $0.00.

(c)

in addition to the service rate for waste management, the Council makes a separate service charge for waste management (garbage removal) for all land to which Council supplies or makes available a garbage removal service of $224.

(d)

pursuant to Sections 94(3) and 107 of the Act, the Council declares by absolute majority that the service charge for waste management (garbage removal) is varied to $0.00 for all land which is liable to pay the service rate for waste management (as previously made at Part (a) of this resolution).

ITEM 5.2

PAGE 27 Report to Council meeting on 22 June 2015

RATES RESOLUTION â&#x20AC;&#x201C; PART 3 Pursuant to Section 93A of the Local Government Act 1993 and the provisions of the Fire Service Act 1979 (as amended), the Council makes the following rates for land within the municipal area for the period 1 July 2015 to 30 June 2016: (a)

a Devonport Urban Fire District Rate of 1.3364 cents in the dollar of assessed annual value, subject to a minimum amount of $38 in respect of all rateable land within the Devonport Urban Fire District.

(b)

a Forth/Leith Fire District Rate of 0.4572 cents in the dollar of assessed annual value, subject to a minimum amount of $38 in respect of all rateable land within Forth/Leith Fire District.

(c)

a General Land Fire Rate of 0.3526 cents in the dollar of assessed annual value, subject to a minimum amount of $38 in respect of all rateable land within the municipal area, which is not within the Devonport Urban Fire District, or the Forth/Leith Fire District.

10.

SEPARATE LAND In relation to all rates and charges for the 2015/2016 year, as previously made, for the purpose of these resolutions the rates and charges shall apply to each parcel of land which is shown as being separately valued in the valuation list prepared under the Valuation of Land Act 2001.

11.

PAYMENT OF RATES AND CHARGES Pursuant to Section 124 of the Local Government Act 1993 the rates for 2015/2016 shall be payable in four instalments, the dates by which the rates are due to be paid are: First Instalment

31 August 2015

Second Instalment

31 October 2015

Third Instalment

28 February 2016

Fourth Instalment

30 April 2016

Where a ratepayer fails to pay any instalment within 21 days from the date on which it is due, the ratepayer must pay the full amount owing. Penalties Pursuant to Section 128 of the Local Government Act 1993 if any rate or instalment is not paid on or before the date it falls due, a penalty of 5% of the unpaid instalment or part thereof, shall be applied except where the ratepayer has adhered to an approved payment arrangement plan and the total rates are paid in full by 30 April 2016. Supplementary Rates (a)

Pursuant with Sections 89A, 92 and 109N of the Local Government Act 1993 if a supplementary valuation is made of any land prior to 30 June 2016, the General Manager may at his discretion adjust the amount payable in respect of any or all rates for that land for that financial year in line with the new valuation; and

(b)

If a rates notice is issued by the General Manager under sub-clause (a), the amount shown as payable on that notice is due to be paid within 30 days of the date on which that notice is issued.

ITEM 5.2

PAGE 28 Report to Council meeting on 22 June 2015

12.

13.

CAPITAL WORKS PROGRAM That Council: (a)

pursuant to Section 82 of the Local Government Act 1993 adopts the Capital Works Program for the 2015/2016 financial year as detailed in the Annual Plan

(b)

notes the draft Capital Works programs proposed for financial years 2016/17, 2017/18, 2018/19 and 2019/20 as detailed in the Annual Plan, which remain subject to change depending on other priorities being identified and financial resources which may be available at the time.

FEES AND CHARGES That in accordance with Section 205 of the Local Government Act 1993 Council adopts the Fees and Charges Schedule for the 2015/2016 financial year as detailed in the Annual Plan.

Prepared By: Position:

Paul West General Manager

ITEM 5.2

PAGE 29 Report to Council meeting on 22 June 2015

5.3

FINANCIAL MANAGEMENT STRATEGY File: 29896 D373885

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 The purpose of this report is to present the Financial Management Strategy (FMS) for adoption.

BACKGROUND The FMS is a new Council strategy prepared in accordance with the Ministerial Order issued in 2014 by the Minister for Local Government. The strategy has been prepared to provide Council with a strategic framework to guide the development of annual budgets and the preparation of longer term financial planning. In the past Council has adopted a Long Term Financial Plan which includes financial projections and commentary for the coming ten years. This document is now included in the FMS along with increased commentary around key financial principles and strategies used by Council to ensure it remains financially sustainable into the future.

STATUTORY REQUIREMENTS Local Government (Content of Plans and Strategies) Order 2014 requires Council to prepare a FMS and outlines the contents required. The FMS is to be in place by 30 June 2015.

DISCUSSION Over the past four years both the Minister for Local Government and the Auditor-General have conducted reviews into the long term asset management and financial sustainability of Local Government bodies with recommendations that councils increase the focus on medium term financial planning through the development of Long Term Financial Plans and Financial Management Strategies. In order to demonstrate medium term financial sustainability, Council’s ongoing asset management commitments and requirements must be reflected in future financial planning. The FMS uses data from Council’s existing Long Term Asset Management Plans, five year capital works program and budget to project operating results and capital investment for the next ten years. The FMS demonstrates that Council can continue to provide the current level of services, invest in renewing existing assets and invest in new assets and deliver underlying surpluses over the medium term. It is important to note that whilst Council is committed to progressing LIVING CITY, the FMS does not include the recently announced $10 million grant awarded through the National Stronger Regions Fund or the recent commitment from the State Government to support Stage One of LIVING CITY. Council are currently working through the funding and ownership model for Stage One and the FMS will be updated once this model is finalised.

COMMUNITY ENGAGEMENT No community consultation has been undertaken specifically in relation the strategy. ITEM 5.3

PAGE 30 Report to Council meeting on 22 June 2015

The FMS will be available to the public via Council’s website, or printed copies will be available from the Customer Service area of Council.

FINANCIAL IMPLICATIONS Whilst there are no financial implications directly related to this report, the FMS sets out the 2015/16 budget and forward projections to the 2025 financial year. It incorporates all projected operational and capital expenditure for that period. The FMS balances the financial constraints between the Long Term Asset Management Plan requirements and other funding requirements with the need to remain financially sustainable.

RISK IMPLICATIONS 

Financial The FMS sets out clear financial principles and strategies that will assist to ensure Council remains financially sustainable into the future.

CONCLUSION The FMS is an important document in Council’s financial and risk management frameworks and has the key objective of demonstrating Council’s financial sustainability over the medium term. The FMS has been produced in accordance with legislative requirements and includes relevant and current asset management data.

ATTACHMENTS 1.

Financial Management Strategy 2016 FINAL

RECOMMENDATION That Council adopt the attached Financial Management Strategy with immediate effect.

Author: Position:

Kym Peebles Executive Manager Performance

Organisational

Endorsed By: Position:

ITEM 5.3

Paul West General Manager

PAGE 31 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 32 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 33 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 34 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 35 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 36 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 37 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 38 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 39 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 40 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 41 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 42 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 43 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 44 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 45 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 46 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 47 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 48 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 49 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 50 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 51 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 52 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 53 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 54 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 55 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 56 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 57 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 58 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 59 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 60 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 61 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 62 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 63 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 64 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 65 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 66 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 67 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 68 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 69 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 70 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 71 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 72 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 73 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 74 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 75 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 76 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 77 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 78 Financial F Man nagement Sttrategy 2016 FINAL

ATTTACHMENT [1 1]

ITEM 5.3

PAGE 79 Report to Council meeting on 22 June 2015

5.4

GIFTS AND BENEFITS POLICY File: 27233 D373811

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.1

Review and amend governance structures, policies and procedures to adapt to changing circumstances

SUMMARY This report is provided to assist Council in its consideration of a draft Gifts and Benefits Policy.

BACKGROUND The Minister for Planning and Local Government recently wrote to all Tasmanian Councils advising that they are required to establish a policy relating to the provision and registration of gifts and benefits, prior to 30 June 2015 (if such a policy does not already exist). Council has historically provided guidelines relating to gifts and benefits members through its Code of Conduct (Principle 3 – Declaration of Gifts and respect to Council employees, a management policy ‘Gifts and Benefits adopted in 2012. The employee Code of Conduct also makes reference benefits.

for elected Benefits). In Policy’ was to gifts and

Council has in place a Gifts and Benefits Register for both Aldermen and staff, and makes available forms for disclosure upon receipt of a gift and benefit, and promotes the requirement to complete appropriate declaration.

STATUTORY REQUIREMENTS Section 339A of the Local Government Act 1993 (“the Act”), states: “(1) A councillor, an employee or a member must not procure the doing or not doing of anything by the council to gain, directly or indirectly, an advantage or to avoid, directly or indirectly, a disadvantage for (a)

the councillor, employee or member; or

(b)

a close associate of the councillor, employee or member; or

(c)

a member of the councillor's, employee's or member's family.”

Furthermore, Section 28E (4) of the Act deals with the Code of Conduct for Aldermen, and their requirement to comply with the provisions of the code in the performing of their functions and exercising their powers. Whilst not a statutory requirement, Council employees are bound by their Code of Conduct, and any breach of the Code, including the acceptance of a gift or benefit that may be perceived as having been offered to influence, may result in disciplinary action or dismissal. Receiving a bribe is an offence under both common law and Tasmanian Legislation.

DISCUSSION All Tasmanian Councils were provided with a Gifts and Benefits Policy template which was drafted by the Local Government Association of Tasmania (LGAT). ITEM 5.4

PAGE 80 Report to Council meeting on 22 June 2015

Whilst Council currently has guideline provisions for gifts and benefits for both Aldermen and staff in place, the policy as drafted will consolidate and streamline the process for the managing and declaration of gifts and benefits. It is important within the local government sector, that any gifts or benefits offered are not perceived as being provided in order to influence decision making or undermine community confidence in the impartiality of Council’s elected members and/or employees. Council’s current Code of Conduct for Aldermen has nominated that all gifts and benefits received above $20 are to be recorded. The attached draft policy recommends that this amount be increased to $50.

COMMUNITY ENGAGEMENT There was no community engagement as a result of this report.

FINANCIAL IMPLICATIONS There are no financial implications as a result of this report.

RISK IMPLICATIONS 

Legal Compliance Failure to disclose gifts and benefits above the prescribed amount would be a contravention of both the Local Government Act 1993 and Council’s Code of Conduct (both Alderman and Employee). Dismissal from office, termination of employment and financial penalties may result for breaches of the Policy.



Risk Management Practices In the interests of compliance and transparency, the disclosure of receipt of gifts and benefits above the prescribed amount, supports effective risk management, and ensures the integrity of Council decision making and its reputation as an accountable and impartial decision maker.

CONCLUSION The Gifts and Benefits Policy, as well as the supporting Gifts and Benefits Register, will provide Aldermen and staff with clear guidelines around the receiving of gifts and benefits. The policy also supports Council’s compliance with relevant legislation, sound and accountable decision making and effective governance.

ATTACHMENTS 1.

Gifts & Benefits Policy

RECOMMENDATION That the report on the Gifts and Benefits Policy be received and noted and Council determine to: (a)

adopt the Gifts and Benefits Policy with immediate effect;

(b)

update its Code of Conduct for Aldermen to reflect the nominal value for notification of the receipt of a gift or benefit is $50.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 5.4

Paul West General Manager

PAGE 81 Gifts & Bene efits Policy

ATTA ACHMENT [1]]

G GIFTS & BENEFITS B POLICY POLICY P POLICY TY YPE

PO OLICY ADOPTED D (DATE)

Council

22 June 201 15

DOCUME ENT CONTROLLLER

RE ESPONSIBLE MA ANAGER

Governan nce Coordina ator

General Manager

PURPOSE

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TRIM): D37 73862

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

5.3 3.1 – Review and amend governance strructures, policies and proced dures to dapt to chang ging circumstan nces ad

DATE OF NEXT REVIEW

Octob ber 2018

The e purpose of this polic cy is to: 

outline obligations o and respo onsibilities relating to tthe receip pt of gifts or benefits; and



placed in a situation n assist both Alderm en and staff to avoid being p where th hey may b become vu ulnerable to undue in nfluence or o threaten n commun nity confide ence in the e fairness, impartialityy and integrity of the e Council.

ouncil officials are de efined as th he Mayor, Aldermen,, staff (including stafff Co engaged th hrough a an employment agency), C Council committee c e me embers and voluntee ers. The e policy applies to a all gifts and benefitss offered tto or receiived by all Co ouncil officials in theirr respective e role. In a private context c giffts and be enefits are usually un nsolicited and a meantt to convey a feeling o on behalf of o the give er such ass gratitude e. There iss ord dinarily no expectati on of repa ayment. Gifts G given in a private contextt are e not the fo ocus of thiss policy.

SCOPE POLICY

Giffts and be enefits ma y also be offered to individu uals in the course off business rela ationships. Such giffts and benefits b a are often given for commercial purposes and serve to create e a feeling g of obliga ation in the e rec ceiver. Giffts and ben nefits given n in the co ourse of bu usiness rela ationships iss the e focus of this t policy. The e policy is to be app plied in conjunction with w provissions in the e Council’ss Co odes of Conduct and d other rele evant Council policie es and proc cedures. 1. General Council officials att all times and a in all circumstan c nces must be b seen to o be fair, im mpartial an nd unbiase ed. Council officials o sho ould active ely discourrage offerss of gifts an nd benefitss and musst not solici t gifts or be enefits. Council officials m ust not tak ke advantage of the eir official position to o secure an a unreaso nable perssonal profitt or advan ntage. People doing d busiiness with the Coun ncil should be encouraged to o understa and that th hey do nott need to give g gifts o or benefits to Counciil officials to t get high h quality se ervice.

ITEM 5.4

PAGE 82 Gifts & Benefits Policy

ATTACHMENT [1]

From time to time Council officials may be offered gifts or benefits. In some limited circumstances gifts and benefits may be accepted. Token gifts of nominal value may generally be received. Non-token gifts of significant value should not be accepted. Council officials should at all times be aware of the wider situation in which an offer of a gift or benefit is being made. For example, Council officials should consider whether the donor is in or may be seeking to enter into a business relationship with Council or may be applying to Council in relation to the exercise of Councilâ&#x20AC;&#x2122;s functions. Council officials must avoid situations that suggest that a person or body, through the provision of gifts or benefits, is attempting to secure favourable treatment from Council. When deciding whether to accept or decline a gift or benefit, consideration should be given to both the value of the gift or benefit and also the intent of the gift or benefit being offered. As education programs are identified to be relevant to this policy, they will be offered to Council officials. 2.

Acceptable gifts and benefits: Gifts or benefits of a token nature at or below nominal value may generally be accepted by Council officials without the need for formal disclosure. That said, Council officials who receive more than the specified number of token gifts of a nominal value from the same person or organisation, in a specified period must disclose that fact in the gifts and benefits register. If a Council official has any doubt if a gift or benefit is token or of nominal value they should discuss it with the General Manager or Mayor (in the case of Aldermen). 2.1. Token gifts and benefits Gifts or benefits of a token nature do not create the appearance of a conflict of interest and include: o Items with a company logo on them, ties, scarves, coasters, diaries, chocolates, flowers; o

Books given to individuals at functions, public occasions or in recognition of exceptional work done;

Gifts of single bottles of reasonably priced alcohol given to individuals at functions, public occasions or in recognition of exceptional work done;

Free or subsidised meals of a modest nature and/or beverages provided infrequently (and or reciprocally) that have been arranged for or in connection with the discussion of official business;

Free meals of a modest nature and or beverages provided to Council officials who formally represent Council at work related events such as training, education sessions and workshops; ITEM 5.4

PAGE 83 Gifts & Benefits Policy

ATTACHMENT [1]

Invitations to approved social functions organised by groups such as Council Committees and community organisations.

2.2. Nominal Value For the purpose of this policy the current nominal value limit is identified in section 11. 3.

Non acceptable gifts and benefits: Accepting gifts of money is prohibited. Council officials should not accept gifts or benefits that appear to be non-token in nature or more than of a nominal value. If a gift or benefit of a non-token nature or above nominal value is offered and cannot reasonably be refused (as this action may cause embarrassment), the offer and receipt of the gift or benefit must be declared by completion of a Gifts and Benefits Declaration Form (at Attachment 1) and the details must be recorded on the Councilâ&#x20AC;&#x2122;s Gifts and Benefits Register (refer Attachment 2). If a Council official refuses a gift or benefit because they believe that the gift was a deliberate attempt to receive â&#x20AC;&#x153;special treatmentâ&#x20AC;&#x2122;, then such instances are to be reported immediately to the General Manager or Mayor. 3.1. Non token gifts and benefits Gifts or benefits of a non-token nature include: o Free or discounted travel; o Use of holiday homes; o Tickets to major sporting events; o Corporate hospitality at a corporate facility or sporting venue; o Free training excursions; o Access to confidential information; o Discounted products for personal use; o Goods and services provided via a determination in a Will. At times a gift of a non-token nature may be given from one authority to another. Such gifts are often provided to a host authority. These gifts may be given as an expression of gratitude without obligation on the receiver to respond. The gratitude usually extends to the work of several people in the authority and therefore the gift is considered to be for the authority, not a particular individual. 3.2. Significant Value For the purpose of this policy a gift or benefit with significant value has a value above the specified nominal value limit.

Actual or perceived effect of the gift or benefit: Accepting gifts where a reasonable person could consider that there may be influence applied as a result of accepting the gift or benefit is prohibited (gift of influence).

ITEM 5.4

PAGE 84 Gifts & Benefits Policy

ATTACHMENT [1]

Where it is suspected that a gift or benefit has been offered for the purpose of influencing the behaviour of someone acting in their official capacity, the gift or benefit must be declined and the matter should be reported immediately to the General Manager or Mayor. 5.

Bribes: Council officials must not offer or seek a bribe. A person offered a bribe should refuse it and report the incident immediately to the General Manager or the Mayor. Council will take steps to report the matter to Police immediately. Receiving a bribe is an offence under both the common law and Tasmanian Legislation.

Family Members: Council officials must take all reasonable steps to ensure that immediate family members do not receive gifts or benefits of a nontoken nature or gifts or benefits above the nominal value. Immediate family members include parents, spouses, children and siblings.

Records â&#x20AC;&#x201C; Gifts and Benefits Registers: Council officials, who receive more than the specified number of token gifts or benefits near the nominal value limit from the same person or organisation, (cumulative gift) must disclose that fact on the Gifts and Benefits Declaration Form and Register (Attachment 1 and 2). The specified number is included in section 11. If a Council official receives a non-token gift or benefit in circumstances where it cannot reasonably be refused or returned, the receipt of the gift or benefit should be disclosed and the details recorded on a Gifts and Benefits Declaration Form (at Attachment 1) and in the Gifts and Benefits Register (at Attachment 2). The Register will be available for public inspection. The content of the Registers will be monitored by the General Manager on a quarterly basis.

Disposal of gifts: The General Manager will determine whether a gift or benefit of a non-token nature should be disposed of. There are options for the disposal of gifts that have been accepted because they could not reasonably be refused, but should not be retained by an individual. Examples of such circumstances where gifts or benefits may be received include: o o o o

Gifts accepted for protocol or other reasons, where returning it would be inappropriate; Anonymous gifts (received through the mail or left without a return address); A gift received in a public forum where attempts to refuse or return it would cause significant embarrassment; A gift or benefit of significant value provided to a Council official through a Will, where the relationship between the giver and recipient was essentially a council related business relationship. ITEM 5.4

PAGE 85 Gifts & Benefits Policy

ATTACHMENT [1]

Options for disposal include: o Surrendering the gift to Council for retention; o Distributing the gift or benefit amongst a selection of Council’s officials - where a reasonable person would agree that the allocation was appropriate, (public perception); o Donating the gift to an appropriate charity. 9.

Breaches of Policy: All Council officials are obliged to comply with this policy and sanctions may be applied if the policy is breached. Any person may report an alleged breach of this policy by an official of the Council to the General Manager or Mayor as appropriate, who shall investigate any report received and take such action as is considered necessary. If this policy has been breached, such action may include counselling, censure motions, disciplinary action (including termination of employment), the laying of charges and the taking of civil action.

10. Review process and endorsement: This policy, including the amounts and frequencies specified, may be varied by resolution of the Council. When varied, the amounts and frequencies that apply to the policy must be updated and included in section 11. This policy should be reviewed as required, but at least every four years following the conduct of Local Government elections. 11. Details of amounts and frequencies specified in the policy: For the purpose of this policy the current nominal value limit is $50.00. Council officials who receive more than (three) nominal gifts of a token nature from the same person or organisation, in a six-month period must disclose that fact in the Gifts and Benefits Register, regardless of their monetary value. 12. Definitions: Council official – Mayor, Aldermen, Council staff (including staff engaged through an employment agency), Council Committee members and volunteers. Gift – is usually a tangible item provided at no charge. Gifts may include, but are not limited to items such as cash, property (real or otherwise), goods and services made available at heavily discounted prices, alcohol, clothes, products, invitations to social functions and tickets to sporting, theatrical or music events. Cumulative gift – a series of gifts of nominal value from the same person or organisation over a specified period which may have an aggregate value that is significant. Gift of influence – a gift that is intended to generally ingratiate the giver with the recipient for favourable treatment in the future. Gift of gratitude – a gift offered to an individual or department in appreciation of performing specific tasks or for exemplary performance of duties. Gifts to staff who speak at official functions may be considered an example of gifts of gratitude. ITEM 5.4

PAGE 86 Gifts & Benefits Policy

LEGISLATION AND RELATED DOCUMENTS ATTACHMENT/S (IF APPLICABLE)

ATTACHMENT [1]

Benefit – a non-tangible item which is believed to be of value to the receiver (i.e. preferential treatment such as queue jumping, access to confidential information and hospitality). Hospitality – the provision of accommodation, meals, refreshments or other forms of entertainment. Bribe – a gift or benefit given specifically for the purpose of winning favours or to influence the decision or behaviour of a Council official to benefit someone or something. Cash – money or vouchers which are readily convertible. Nominal value – is the monetary limit of the value of gifts or benefits that may be accepted (i.e. total value of gift or benefit received). A gift or benefit is of nominal value when it has no significant or lasting value. Significant value – a gift or benefit that has a value above the nominal value limit. Token - often mass produced (i.e. pens, calendars, ties or items with a company logo on them), offered in business situations to individuals. Usually have a value under the nominal value limit. Non-token – items that are of a more individual nature, with a value above the nominal value limit. Items may include, free or discounted travel; use of holiday homes; corporate hospitality at major sporting events; free training excursions; tickets to major events and access to confidential information. Conflict of interest – any situation in which an individual or corporation (either private or government) is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit. Public perception – the perception of a fair-minded person in possession of the facts. Gifts and Benefits Declaration Form – a form to be completed (refer Attachment 1), when an individual receives a gift or benefit of a nontoken nature above the nominal limit or receives a series of token gifts or benefits in a specified time that may have significant aggregate value (Cumulative Gift). Gifts and Benefits Register – a register maintained by Council of all declared gifts and benefits (Attachment 2). Local Government Act 1993 (S339A specifies penalties in relation to the misuse of office by Councillors and employees; S28E deals with the Code of Conduct for Councillors: and S62 identifies the functions and powers of the general manager) Gifts & Benefits Declaration Form (Aldermen and Staff) Gifts & Benefits Register

ITEM 5.4

PAGE 87 Gifts & Benefits Policy

ATTACHMENT [1]

ITEM 6.4

PAGE 88 Gifts & Benefits Policy

ATTACHMENT [1]

ITEM 6.4

PAGE 89 Gifts & Benefits Policy

ATTACHMENT [1]

ITEM 6.4

PAGE 90 Report to Council meeting on 22 June 2015

5.5

LEASE POLICIES - COUNCIL BUILDINGS AND FACILITIES File: 30212 D373665

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.1

Review and amend governance structures, policies and procedures to adapt to changing circumstances

SUMMARY To recommend the adoption of the Community, Childcare and Commercial Lease Policy and the Sport and Recreation Groups Lease Policy.

BACKGROUND The Community, Childcare and Commercial Lease Policy and the Sport and Recreation Groups Lease Policy were drafted in order to achieve a level of consistency, equity and fairness in the management of leases and/or Council properties, removing the ad hoc approach that historically existed. Council considered the draft leases at their April 2015 meeting and it was determined as follows (Min. Ref. 76/15 refers): That the draft Community, Childcare and Commercial Lease Policy and the Sport and Recreation Groups Lease Policy report be received and noted and Council: (a)

release the draft Policies for a four week consultation period; and

(b)

note the results of the consultation and any proposed changes to the Policies will be provided to Council at a future meeting.

STATUTORY REQUIREMENTS Sections 178 and 179 of the Local Government Act 1993 relates to leases of public land however not all of Council’s leases relate to ‘public land’ as defined within the Act.

DISCUSSION Following the April, 2015 Council meeting, a four week consultation period was held. The responses received were generally positive however, two concerns were raised. These were from the Netball Association Inc and the Devonport Tennis Club (see attached confidential emails). Both clubs will be affected financially by the policy. Whilst they are supportive of the introduction of the lease policies, they were concerned about the financial implications for their clubs. Council has been particularly mindful that the proposed lease policies will not be overly financially burdensome on any club or organisation. To achieve this outcome, a staged implementation for the financial aspects of the policies was included (for those paying a higher rental, they will be charged 20% increments over 5 years for the amount of the lease payments calculated). Clubs and organisations would also have the option to apply for financial assistance through Council’s grants program. This will assist in ensuring that any detrimental financial impact of implementation of the policies may be mitigated if Council determines.

COMMUNITY ENGAGEMENT Community consultation was undertaken over a four week period in accordance with Council’s resolution. Every club/organisation received a letter which provided them with details of the financial impacts that the policy would make to their specific circumstances. ITEM 5.5

PAGE 91 Report to Council meeting on 22 June 2015

A copy of the respective policy was also provided. Feedback and comments were encouraged to ensure that clubs and organisations were satisfied with the proposed changes and outcome/s. Additionally, electronic media was used, including notification on Council’s website, Facebook Page, and the Speak Up Devonport platform (57 visitors to this consultation site). A presentation was also provided to Council’s Strategic Sport and Recreation Committee on the draft policy as it relates to sporting organisations.

FINANCIAL IMPLICATIONS There will be minor financial implications to Council’s operational budget upon the adoption of the draft policies due to a decrease in some rental payments.

RISK IMPLICATIONS 

Asset & Property Infrastructure Upon the adoption of the draft lease policies, properties will undergo an assessment and Building Maintenance Schedules either revised or implemented. This will ensure that both parties are clear as to their responsibilities for general maintenance and repair.



Risk Management Practices All tenants will be required to provide Council with proof of public liability on an annual basis and compliance with relevant certifications, including Form 56/Essential Maintenance, Place of Assembly, as required.

CONCLUSION Following consideration of the limited feedback received, it is recommended that the Council adopt both policies as attached. To ensure equity and consistency of process, it is recommended that the respective lease policies apply to all organisations identified. Any club or organisations which believe they will experience financial hardship as a result of the introduction of the lease policies will be encouraged to seek assistance through Council’s financial assistance schemes. Any assistance provided would be determined by Council based on the merit of the applications received.

ATTACHMENTS 1.

Sport and Recreation Groups Lease Policy

Community, Childcare & Commercial Lease Policy

Feedback regarding Lease Policy implementation

Confidential

Letter from Devonport Tennis Club

Confidential

ITEM 5.5

PAGE 92 Report to Council meeting on 22 June 2015

RECOMMENDATION That the report relating to the Lease Policies for Councilâ&#x20AC;&#x2122;s Building and Facilities be received and noted and Council determine to: (a)

adopt the Community, Childcare and Commercial Lease Policy with immediate effect;

(b)

adopt the Sport and Recreation Groups Policy with immediate effect;

(c)

acknowledge that transferring clubs and organisations to the new requirements will be staged over a period of months; and

(d)

advise those Clubs which have advised Council of concerns regarding the likely financial impact on them as a result of the new lease arrangements be encouraged to apply to Council for assistance through its merit based Financial Assistance program.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 5.5

Paul West General Manager

PAGE 93 Sport and Re ecreation Grroups Lease Policy P

ATTA ACHMENT [1]]

SPOR RT AND RECREATI R ON GRO OUPS LEA ASE POLIC CY POLICY TYPE (COUNCIL OR MANAG GEMENT)

POLICY ADOPTED (DATE)

MIN NUTE NUMBER (IF CO OUNCIL POLICY))

POLICY DOCU UMENT NUMBER (TR RIM)

Counc cil DOCUM MENT CONTRO OLLER

R RESPONSIBLE MA ANAGER

Governa ance Coordinator

General Man nager

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

5.3 3.1 – Review and amend governance strructures, policies and proced dures to dapt to chang ging circumstan nces ad

PURPOSE

To o establish h a consiste ent and eq quitable ap pproach to o the deve elopment o leases fro of om Counc cil to sport and a recrea ation group ps.

SCOPE

All sport and recreati on groupss who lease Council owned buildings on A n C Council ow wned or le eased land, or who ose buildin ngs are lo ocated on n C Council land. The terrms and conditions of o this Polic cy will be applied to o all new lease agreem ments and upon the renewal o of any existing lease e arrangements. w not be varied un nless it is essential e to o The conditiions of thi s Policy will meet the sp m pecial nee eds of the property p orr tenant.

POLICY

1..

Sport and Recrea ation Group ps and Org ganisationss ns whose primary p ob bjective is tto provide e sport and d 1.1. Organisation re ecreationa l opportun nities for the e commun nity are sup pported by y Council. C Council rec cognises th he benefitt of suppo orting sportt an nd recreattion groupss and orga anisations.

2..

Fee Sch hedule/De eterminatio on of Rent 2.1. Th he annual rental pay yable on sport and rrecreation facilities iss ass follows:  An amo ount totallin ng 50% of the t properrty’s rates; and  Ground Fees attrib buted to th he facility. (The Ground d Fees rate e is calculated base ed on a percentage e off Ground U Use charge es).

3..

Validation of Leasse Agreem ment 3.1. Council land d and/or buildings b sh hall only be e occupied pursuantt to o a formal ssigned lease. Fa ailure to v validate th he lease agreemen a nt by signa ature may y re esult in the e discontin nuation of lease ne egotiationss with the e te enant. Once lease e terms ha ave been finalised, C Council re eserves the e rig ght to com mmence rental cha arges eve en if the agreement a t re emains unsiigned.

ITEM 5.5

PAGE 94 Sport and Recreation Groups Lease Policy

ATTACHMENT [1]

If the lease remains unsigned for a period of more than 30 days, 90 day’s notice to vacate the premises will be given to the tenant who currently occupies the premises. 4.

Risk Management Obligations 4.1. Tenants of Council owned or managed buildings will be required to have Public liability insurance for a minimum of $10 million. A copy of the organisation’s Certificate of Currency is to be provided to Council at the commencement of the agreement, upon a lease renewal, and annually for the duration of the lease. It is the responsibility of the tenant, in conjunction with the Council, to ensure the minimisation of all risks including public safety, hazardous materials and waste removal. The tenant is also required to comply with emergency evacuation procedures and risk management practices at the direction of Council.

Maintenance Schedule/Issues 5.1. Prior to an agreement being made, a condition statement shall be produced to determine the condition of the facility, and maintenance responsibilities determined. Maintenance schedules will be developed to ensure consistency and clarity regarding maintenance of Council premises and stipulate responsibilities of both Council and tenant. Where an organisation has exclusive use of a Council built facility, there is an expectation that they assist in funding maintenance costs and contribute towards capital improvement of the facility. Where improvements on the leased land are owned by the tenant, they have sole responsibility for internal and external maintenance.

Term 6.1. Lease agreements will be granted for a period of no more than five years, with a further five year term option, if requested.

Rent Reviews/Increases 7.1. Rental fees for sport and recreation groups will be based on the property’s rates struck on a per annum basis. 50% of this figure will be charged in lieu of rental. Ground Fees will also be set annually as part of Council’s budgetary process. Council also reserves the right to amend the rental if a tenant gains access to other commercial means of income, other than fundraising, that is generated during the term of the agreement.

ITEM 5.5

PAGE 95 Sport and Recreation Groups Lease Policy

ATTACHMENT [1]

Outgoings 8.1. The tenant will be responsible for the costs of all utilities, including electricity, phone and all other outgoings related to the property including Taswater usage charges. 8.2. Council will be responsible for water and sewerage service charges, land tax and the remaining 50% of the annual rates.

Determination of Tenants 9.1. When a facility or building premises becomes vacant, Council will consider the ongoing future use of the premises in determining a suitable tenant. Factors to consider include: most appropriate use; local community needs; sport and recreational activities within the community that remain unrepresented; historical connection to the facility/location; and Councilâ&#x20AC;&#x2122;s strategic direction.

10. Sub Leases 10.1. Terms and conditions of any sub-lease must be in accordance with the terms and conditions of the Head Lease, including the length of the lease. Council may require the sub-lessee to contribute to charges incurred by Council from Crown or third party, for the head lease. Tenants who wish to sub-let the leased premises are required to seek written permission from Council prior to making such arrangements. Any group to whom a property is sub-let to must provide Council with a copy of their Certificate of Currency, and must have public liability insurance of at least $10million. Any subleasing arrangements made must not extend beyond the term of the head lease. 11. Other Provisions 11.1. Other lease provisions may be negotiated as required. 12. Delegation and Signing 12.1. The General Manager is delegated by Council to finalise and sign lease agreements. 12.2. An authorised signatory of the tenant will be required to execute the lease and a copy of the agreement, once duly executed by both parties, will be returned to the Tenant for their safekeeping. The other copy will be recorded as a Legal Document by Council and placed in the Legal Documents register. 13. Legislation and Statutory Compliance 13.1. It is necessary for tenants and Council in the development of lease agreement to ensure compliance with Councilâ&#x20AC;&#x2122;s corporate and statutory responsibilities. Legislative

requirements ITEM 5.5

need

determined

and

PAGE 96 Sport and Recreation Groups Lease Policy

ATTACHMENT [1]

stipulated in the lease. Compliance may also extend to the obtaining of permits from Council; liquor licensing requirements; place of assembly licences; adherence to food handling guidelines and relevant Council by-laws. LEGISLATION AND RELATED DOCUMENTS

ATTACHMENTS (IF APPLICABLE)

Local Government Act 1993 Local Government (Building and Miscellaneous Provisions) Act 1993 Building Act 2000 Building Regulations 2004 Public Health Act 1997 Food Act 2003 (if applicable) Place of Assembly Licence (if applicable) Food Licencing (if applicable) N/A

ITEM 5.5

PAGE 97 Community, Childcare & Commercia al Lease Polic cy

ATTA ACHMENT [2]]

COMMUN C NITY, CHIILDCARE & COMM MERCIAL LEA ASE POLIC CY POLICY TYPE (COUNCIL OR MANAG GEMENT)

POLICY ADOPTED (DATE)

MIN NUTE NUMBER (IF CO OUNCIL POLICY))

POLICY DOCU UMENT NUMBER (TR RIM)

Counc cil DOCUM MENT CONTRO OLLER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

R RESPONSIBLE MA ANAGER

Governa ance Coordinator

General Man nager

DATE OF NEXT REVIEW

5.3 3.1 â&#x20AC;&#x201C; Review and amend governance strructures, policies and proced dures to dapt to chang ging circumstan nces ad

PURPOSE

To o establish h a consisttent and equitable e approach a to the dev velopmentt o leases and of a licenc ces from Council C to communitty groups, childcare e fa acilities and commerrcial tenan nts.

SCOPE

All commu A unity group ps and commercial tenants who leasse Counciil o owned buildings, or w who condu uct their op perations o on Council owned or le eased land d. The term ms and con nditions of this Policy will be ap pplied to all n new lease and licen nce agree ements an nd upon tthe renew wal of any y e existing lease or licenc ce arrange ements. The conditiions of thi s Policy will w not be varied un nless it is essential e to o m meet the sp pecial nee eds of the property p orr Tenant.

POLICY

1..

Commu unity Grou ps and Org ganisations 1.1. Organisation ns whose e primary objective e is to serve the e co ommunity (including g service clubs and d commun nity based d ag gencies) a are supporrted by Co ouncil. Co ouncil reco ognises the e be enefit of su upporting community c y groups a nd organissations.

2..

Child Care C 2.1. Child Care facility refers to Cou uncil owne ed building gs that are e uttilised to c care for children whom w are e eligible to accesss be enefits und der the Ch hild Care Benefit B and d Child Ca are Rebate e sc chemes. C Council ac cknowledg ges the no ot-for-profiit status off th hese child c care facilitties.

3..

Full Com mmercial U Use 3.1. Fu ull Comm ercial use e property refers to Counc cil owned d bu uildings or land inten nded to generate g a an income e. Counciil ha as a num mber of propertiess that arre leased d on fully y co ommerciall terms.

4..

Private Licence A Agreementss 4.1. Bu usinesses, l andownerrs and/or residents r w who licenc ce Counciil land for exc clusive priva ate purposse, may alsso be charged a fee e un nder the lic cence agre eement.

ITEM 5.5

PAGE 98 Community, Childcare & Commercial Lease Policy

ATTACHMENT [2]

Fee Schedule/Determination of Rent 5.1. Community groups: The amount payable for community groups will be reviewed annually, and form part of Council’s Fees and Charges. This rate will commence at a peppercorn rental (if demanded). 5.2. Childcare facilities: Childcare facilities will be charged an amount equalling 50% of the rates charged against the property per annum. 5.3. Commercial properties: Commercial tenants will be charged rental at a market rate determined by Council’s external property management advisors.

Validation of Lease Agreement 6.1. Council land and/or buildings shall only be occupied pursuant to a formal signed lease. Failure to validate the lease agreement by signature may result in the discontinuation of lease negotiations with the lessee. Once lease terms have been finalised, Council reserves the right to commence rental charges even if the agreement remains unsigned. If the lease remains unsigned for a period of more than 30 days, 90 day’s notice to vacate the premises will be given to the tenant who currently occupies the premises.

Risk Management Obligations 7.1. Tenants of Council owned or managed buildings will be required to have Public liability insurance for a minimum of $10 million. A copy of the organisation’s Certificate of Currency is to be provided to Council at the commencement of the agreement, upon a lease renewal, and annually for the duration of the lease. It is the responsibility of the tenant, in conjunction with the Council, to ensure the minimisation of all risks including public safety, hazardous materials and waste removal. The tenant is also required to comply with emergency evacuation procedures and risk management practices at the direction of Council.

Maintenance Schedules/Issues 8.1. Prior to an agreement being made, a condition statement shall be produced to determine the condition of the facility, and maintenance responsibilities determined. Maintenance schedules have been developed to ensure consistency and clarity regarding maintenance of Council premises and stipulate responsibilities of both Council and tenant. ITEM 5.5

PAGE 99 Community, Childcare & Commercial Lease Policy

ATTACHMENT [2]

Where an organisation has exclusive use of a Council built facility, there is an expectation that they assist in funding maintenance costs and contribute towards capital improvement of the facility. Where improvements on the leased land are owned by the lessee, they have sole responsibility for internal and external maintenance. 9.

Term 9.1. Lease agreements will be granted for a period of no more than five years, with a further five year term option, if requested.

10. Rent Reviews/Increases 10.1. Rental fees for community groups and childcare facilities will be reviewed annually in conjunction with budget preparation and the setting of annual rates, fees and charges. Commercial properties may be subject to periodic market reviews/evaluations. Council also reserves the right to amend the rental if a tenant gains access to other commercial means of income, other than fundraising, that is generated during the term of the agreement. 11. Outgoings 11.1. Tenants will be responsible for the costs of all utilities, including electricity, phone and all other outgoings related to the property including Taswater usage charges. 11.2. Council will be responsible for water and sewerage service charges and land tax. 12. Determination of Leases 12.1. When a facility or building premises becomes vacant, Council will consider the ongoing future use of the premises in determining a suitable tenant. Factors to consider include: most appropriate use; local community needs; activities within the community that remain unrepresented; historical connection to the facility/location; and Councilâ&#x20AC;&#x2122;s strategic direction. 12.2. Tenancy of Councilâ&#x20AC;&#x2122;s commercial properties/premises will be determined by tenders or expression of interests. 13. Sub Leases 13.1. Terms and conditions of any sub-lease must be in accordance with the terms and conditions of the Head Lease, including the length of the lease. Council may require the sub-lessee to contribute to charges incurred by Council from Crown or third party, for the head lease.

ITEM 5.5

PAGE 100 Community, Childcare & Commercial Lease Policy

ATTACHMENT [2]

Lessees who wish to sub-let the leased premises are required to seek written permission from Council prior to making such arrangements. Any group to whom a property is sub-let to must provide Council with a copy of their Certificate of Currency, and must have public liability insurance of at least $10million. Any subleasing arrangements made must not extend beyond the term of the head lease. 14. Other Provisions 14.1. Other lease provisions may be negotiated as required. 15. Delegation and Signing 15.1. The General Manager is delegated by Council to finalise and sign lease agreements. 15.2. An authorised signatory of the tenant will be required to execute the lease and a copy of the agreement, once duly executed by both parties, will be returned to the Lessee for their safekeeping. The other copy will be recorded as a Legal Document by Council and placed in the Legal Documents register. 16. Legislation and Statutory Compliance 16.1. It is necessary for tenants and Council in the development of lease agreement to ensure compliance with Councilâ&#x20AC;&#x2122;s corporate and statutory responsibilities. Legislative requirements need to be determined and stipulated in the lease. Compliance may also extend to the obtaining of permits from Council; liquor licensing requirements; place of assembly licences; adherence to food handling guidelines and relevant Council by-laws. LEGISLATION AND RELATED DOCUMENTS

ATTACHMENTS (IF APPLICABLE)

ITEM 5.5

PAGE 101 Report to Council meeting on 22 June 2015

5.6

SHARED SERVICES FEASIBILITY - CRADLE COAST AUTHORITY File: 17731 D372925

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.1.1

Promote open communication and cooperation with local and state governments in regional initiatives

SUMMARY This report is provided to assist Council in considering its position relating to a Regional response being provided to the Minister for Local Government regarding his local government reform agenda.

BACKGROUND The Minister for Local Government invited councils to consider opportunities for voluntary amalgamations. Council at its 23 March 2015 meeting, in considering the Minister’s request determined (Min 53/15 refers): That Council in relation to the issue of voluntary amalgamations: (a)

(b)

advise the Minister for Local Government that in relation to his desire to have councils consider the issue, Council: (i)

is prepared to actively participate in the modelling of options for amalgamation/s or improved shared service models with its neighbouring councils including those in the Mersey region and the broader Cradle Coast region.

(ii)

believes that any exercise around modelling relating to amalgamations is unlikely to be successful whilst it remains the State Government’s position that only voluntary amalgamations will be considered and therefore Council encourages the Minister to take the lead on the matter and consider referring the issue of local government reform more generally to the Local Government Board for advice.

formally advise its neighbouring councils of its interest in better understanding the issue of local government reform in the region and would be prepared to participate in undertaking studies of reform options including but not limited to: (i)

continuation of ad-hoc resource sharing,

(ii)

a more defined shared services model; or

(iii)

the prospect of voluntary amalgamation.

With an apparent lack of genuine interest by the majority of councils in the Cradle Coast region in any form of amalgamation/s a meeting of member councils was convened to discuss other more acceptable options.

STATUTORY REQUIREMENTS The Local Government Act 1993 has specific requirements in relation to the review of councils and any proposal for an amalgamation is required to be subject of a Local Government Board review process. ITEM 5.6

PAGE 102 Report to Council meeting on 22 June 2015

DISCUSSION A meeting of all Cradle Coast member councils was convened in Burnie on 15 May 2015. As a result it became abundantly clear that there was little to no interest from the majority of councils to consider any reform agenda that may result in recommending amalgamation/s. The only exceptions to this opposition was Burnie City, Devonport City and to a lesser extent West Coast Councils. The Cradle Coast Authority arranged for an independent facilitator to work with the group to discuss reform options that might be palatable and acceptable to the Minister for Local Government for provision of funding. The facilitator was by Dr Joel Burns. Dr Burns is a mainland consultant who has provided assistance to local government in pursuing a shared services agenda in New South Wales. A copy of Dr Burns’ presentation is provided as an attachment to this report. At the end of the meeting it was generally agreed that a draft proposal should be prepared for member councils consideration seeking funding from the State Government to investigate opportunities that may exist in the Cradle Coast region for an enhanced shared service models. The Minister for Local Government has agreed to extend the deadline he had previously indicated to allow the proposal which has been prepared to be considered by Cradle Coast member councils during June before being submitted for his consideration. The letter proposed to be sent to the Minister (preferably signed by the nine member Council Mayors) is attached to this report. The main thrust of the request is to seek the Minister’s support for a feasibility study that would: •

Identify clear objectives for shared service arrangements

•

Review the services provided by Member councils in areas such as IT, planning, payroll and regulatory roles, and asset management, with the aim of identifying:     

Areas of duplication Gaps in service provision Differences in levels of service The drivers of costs and revenues Opportunities for improved service delivery

•

Apply an appropriate analytical framework to identify those services that are best suited to regional, and/or sub-regional and/or local delivery mechanisms

•

Evaluate costs and benefits of providing services at a regional and/or sub-regional scale, relative to current arrangements

•

Recommend functions and services that could be provided more efficiently and effectively at a regional and/or sub-regional scale

•

Examine the financial sustainability implications for Member Councils and the community associated with moving to regional and/or sub-regional service delivery models

•

Examine and make recommendations on potential governance arrangements for shared service delivery models at a regional and/or sub-regional scale

•

Develop a high level implementation plan that would include a framework for community consultation, commissioning of appropriate legal advice, identification of key next steps and a monitoring and evaluation framework

ITEM 5.6

PAGE 103 Report to Council meeting on 22 June 2015

The proposal by the Cradle Coast member councils is consistent with Councilâ&#x20AC;&#x2122;s previous resolution in relation to the Ministerâ&#x20AC;&#x2122;s request. It certainly is not Councilâ&#x20AC;&#x2122;s preferred option however it is at least some recognition that there is a need for some form of local government reform in Tasmania. It would have been preferable to at the same time as commissioning a study on enhanced shared services to have also considered the benefits or otherwise of amalgamation/s. To insist on this inclusion would likely result in a number of councils refusing to participate in any study commissioned. Council has previously reiterated its view to the Minister that he and the State Government be encouraged to take the lead on the matter of local government reform and consider referring the issue to the Local Government Board for advice. At this stage it seems unlikely that this option will be pursued unless the Minister becomes frustrated with a lack of any action on the issue by councils generally.

COMMUNITY ENGAGEMENT As part of the recent consultation on the budget the question of amalgamations or further enhanced shared services was canvassed. Participants were asked if they supported Council discussing options for potential voluntary amalgamations and/or further resource sharing with other Councils, resulting in 81% of the 32 respondents indicating their support. Quick Poll Responses

Unsure

Yes

100

User votes

An article in the Sunday Tasmanian Newspaper on 14 June 2015 discussed the apparent desire by a majority of surveyed Tasmanians for the State Government to intervene in the current debate by forcing amalgamations. The following is a direct quote from the article: A MAJORITY of Tasmanians believe the State Government should force local councils to merge, an exclusive Sunday Tasmanian poll has found. The statewide ReachTel poll found that 46 per cent of voters would support forced amalgamations, with 29 per cent opposed and 24 per cent undecided. The results followed an Auditor-General report that suggested some smaller councils were not financially viable. The poll of 2696 voters across the state, conducted in the first week of this month, showed support for forced council amalgamations was strongest in the Hobart electorate of Denison (53.5 per cent) where there is a concerted push for a Greater Hobart council. Tasmanians in regional electorates were more likely to oppose amalgamations.

ITEM 5.6

PAGE 104 4 uncil meeting on o 22 June 201 15 Report to Cou

In th he electora ate of Lyons, 37 perr cent of th hose surve eyed were opposed to forced d coun ncil merge ers and in Braddon B 33 3 per cent were agaiinst the ide ea.

FINANCIAL IMPLICATIO ONS The Ministter has ind dicated th hat the Sta ate Government ha as funding g available e for locall governme ent to assisst in underttaking mod delling exe ercises. He further ind dicated tha at it would d be his pre eference fo or local gov vernment to share in n the cost of o any stud dies advanced. If the Miniister agree es to the Cradle C Coa ast Authoritty’s requesst there willl be an ex xpectation n that coun ncils will alsso contribu ute financiially. At present there is no ind dication of what thiss might entail.

RISK IMPLIC CATIONS There are a numberr of risks asssociated w with the content of th his report in ncluding: 

not a all councilss agree to participatte;



nown at th the ffinancial im mplicationss are not kn his time;



the u undertakin ng of such a study m may lead to recomm mendationss that are not to the e liking g of individ dual counc cils;



impa act on reso ources duriing the stu dy, after itt and during any imp plementatio on phase;



pote ential to raise concerrns with Co ouncil emp ployees on what such h a study may m mean n for th hem perso onally; and



the expectation of th he State Governme ent that outcomess identified d will be e implemented.

CONCLUSIO ON Undertaking a feasibility study y on a gre eater level of shared d services across the e region iss worthy off considera ation. Tho ose counciils in the re egion who o have ind dicated the ey will nott participatte in any y study that t inclu udes iden ntifying the benefitts or oth herwise off amalgam mation/s wh hen compared with enhanced d shared services mo odels, are essentially y ignoring th he “elepha ant in the room”. r Council c could advise the Au uthority tha at its prefe erence is for the isssue of the e potentiall benefits o of amalgamation/s to t be inclu uded in th he brief at the same e time as the shared d services ffeasibility is considerred. This would alllow the communityy to underrstand the e advantag ges and/orr disadvantages of b both option ns compare ed to the sstatus quo remaining g in place. If Council is of the e view tha at its partic cipation would w be conditiona c al on the aspect off potential amalgam mation/s be eing includ ded it would need to amend d part (b) of below w recomme endation to o read: (b)

provide in n-principle support to o participa ate in any study s unde ertaken pro oviding: (i)

the e scope of the sttudy is broadened d to inclu ude identifying the e adv vantages/d disadvanta ages of am malgamatio on/s; and

(ii)

thatt the finan ncial costss associated with th he work iss supporte ed by the e Tasm manian Go overnmentt and that participatiing counciils contribu ute equally y to th he balance of the co ost;

ITEM 5.6

PAGE 105 Report to Council meeting on 22 June 2015

ATTACHMENTS 1.

Dr Joel Burns - Presentation

Draft Letter - CCA - Minister for Local Government

Current Shared Services Arrangements

RECOMMENDATION That the report of the General Manager relating to the proposal by the Cradle Coast Authority to seek the Minister for Local Governmentâ&#x20AC;&#x2122;s approval and funding to undertake a feasibility study relating to shared services in the region be received and that Council: (a)

agree to be a signatory to the request;

(b)

provide in-principle support to participate in any study undertaken providing the financial costs associated is supported by the Tasmanian Government and that participating councils contribute equally to the balance of the cost; and

(c)

further considers its position on the matter following the receipt of the Ministerâ&#x20AC;&#x2122;s formal response.

Author: Position:

Paul West General Manager

ITEM 5.6

P AGE 106 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 107 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 108 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 109 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 110 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 111 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 112 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 113 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 114 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 115 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 116 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 117 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 118 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 119 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 120 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 121 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 122 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 123 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

P AGE 124 Dr D Joel Burns - Presentatio on

ATTTACHMENT [1 1]

ITEM 5.6

PAG GE 125 Draft Letter - CCA - Minister forr Local Gove ernment

ITEM 5.6 5

ATTA ACHMENT [2]]

PAG GE 126 Draft Letter - CCA - Minister forr Local Gove ernment

ATTA ACHMENT [2]]

ITEM 5.6 5

PAG GE 127 Draft Letter - CCA - Minister forr Local Gove ernment

ATTA ACHMENT [2]]

ITEM 5.6 5

PAGE 128 Current Shared Services Arrangements

Attachment 1:

ATTACHMENT [3]

Current Shared Functional & Service Arrangements between Cradle Coast Councils

Audit committee

Environmental Health

Communications & marketing

HR, Risk & WHS

Visitor services

Tourism marketing

IT &/or Accounting

Emergency management

Community strategy

Engineering &/or Works

Planning

General Manager

Kerbside recycling

Waste management

Regional development

Social recovery committee

Burnie

Central Coast

Circular Head

Devonport

Kentish

King Island

Latrobe

Waratah Wynyard

West Coast

Councils participating in shared example #1 Councils participating in shared example #2

ITEM 5.6

PAGE 129 Report to Council meeting on 22 June 2015

5.7

LIVING CITY REFERENCE GROUP MINUTES File: 30346 D371656

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.4.1

Develop and implement a CBD Master Plan aligned to the key LIVING CITY principles based on community engagement outcomes

SUMMARY This report presents the minutes of the LIVING CITY reference group.

BACKGROUND The first meeting of the LIVING CITY reference group was held on 20 May 2015. The LIVING CITY reference group was established to assist Council in the implementation of the adopted master plan and will involve information sharing, advocacy, project advice and feedback.

STATUTORY REQUIREMENTS There are no statutory requirements in relation to this report. Reference groups are not a statutory committee recognised by the Local Government Act 1993. They are established for information purposes and allows Council an opportunity to provide and receive information and advice regarding important projects, issues or topics.

DISCUSSION The first meeting of the LIVING CITY reference group provided its members with an introduction to the project and an update on the current status. General discussion saw all members contributing with suggestions about various aspects of the project including branding, construction timeframes and linkages with other sectors. These suggestions will be incorporated into future reports for Council’s approval.

COMMUNITY ENGAGEMENT Council has appointed three community members to its reference group all of whom attended the first meeting.

FINANCIAL IMPLICATIONS There are no financial implications.

RISK IMPLICATIONS 

Political/Governance The LIVING CITY reference group’s role is limited to making recommendations to Council for consideration.



Communication/Reputation The reference group provides another avenue for Council to keep the community informed of its progress and minimise the risk of inaccurate communication occurring.

ITEM 5.7

PAGE 130 Report to Council meeting on 22 June 2015

CONCLUSION The minutes of the LIVING CITY reference group are provided for Councilâ&#x20AC;&#x2122;s information and suggestions raised in general discussion will be considered through the implementation phase of the project.

ATTACHMENTS 1.

Minutes LIVING CITY Reference Group 20 May 2015

RECOMMENDATION That the minutes of the LIVING CITY reference group be received and noted.

Author: Position:

Rebecca McKenna Project Officer

Endorsed By: Position:

ITEM 5.7

Matthew Atkins Deputy General Manager

PAGE 131 Minutes LIVING CITY Reference Group 20 May 2015

ATTACHMENT [1]

LIVING CITY Reference Group Minutes 20 May 2015 Attendees: Mayor Steve Martin (Chair) The Hon Jeremy Rockliff MHA John Perry Sylvia Sayers Andrew Billing Tim Hess Jodhi Wilkinson Paul West Matthew Atkins Rebecca McKenna Dennis Hendriks Bronwyn Perry Guest Presenters: Neil Appleton – Lyons Architects Grant Hirst – P + i Group Apologies: Ald Leon Perry 1.0 Meeting Opened. The Mayor opened the meeting at 9am and welcomed participants. Each participant introduced themselves. Mayor confirmed the united support of the aldermen to LIVING CITY. 2.0 Declarations of Interest Tim Hess stated that he is on the RDA committee. 3.0 Terms of Reference Paul West spoke to the terms of reference. The Mayor spoke about the fact that the Committee will be privy to confidential information prior to its public release and that it is expected that the committee keeps such information confidential. 4.0 Status Update Matthew Atkins presented the Status Update. 5.0 Future Progress Matthew Atkins presented both the short and long term steps for the project. 6.0 Presentation of Stage 1 Plans Neil Appleton and Grant Hirst presented the draft concept plans for Stage 1. 7.0 General Business Sylvia Sayers asked if the gallery was going to be located within Stage 1. In response it was explained that there would be “hanging” spaces within the multi‐purpose building, and that Council’s Art and Cultural Special Committee was exploring various location options for the Gallery and Public Art in general.

ITEM 5.7

PAGE 132 Minutes LIVING CITY Reference Group 20 May 2015

ATTACHMENT [1]

Sylvia highlighted a need to ensure that construction does not affect car parking during the Christmas trade period. Dennis Hendriks spoke about the significant benefits that the project will have the whole of the NW Region and that we need to continue to market the project as a Regional Project. Andrew Billing spoke about branding the project across the Region. John Perry spoke regarding the Coordinator General role in the State. Jeremy Rockliff reiterated the Government’s support and soon financial commitment to the project. Jeremy Rockliff said that there is additional money being allocated in the budget for the Coordinator General to manage the State’s contribution to the project. Jeremy Rockliff spoke to the opportunities that protected agriculture has for the State, and potential for linkages with the food pavilion component of LIVING CITY. Grant Hirst spoke regarding various opportunities within the food pavilion including linkages with food education. Paul West confirmed that Council understands the large amount of work required to make the project happen and that this will occur in conjunction with normal Council business. The Mayor stated that Council will hold a public competition for the naming of the new “multi‐ purpose” building to be built as part of Stage 1. 8.0 Next Meeting 8.1 Proposed meeting dates  23rd July 2015  24th September 2015  3rd December 2015

ITEM 5.7

PAGE 133 Report to Council meeting on 22 June 2015

5.8

LIVING CITY UPDATE - JUNE 2015 File: 27122 D373281

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 Significant progress has been made in the last three months on the implementation phase of LIVING CITY. Importantly during the past month, both the Federal and State Governments have announced financial contributions to kick start the construction phase of the project. Progress has also been achieved through the appointment of a preferred operator for the conference centre, appointment of engineers to the Stage 1 design team and substantial progress on the concept designs for Stage 1. This report provides an update on the current status of LIVING CITY as of June 2015.

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;

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

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 include:

ITEM 5.8

PAGE 134 Report to Council meeting on 22 June 2015

National Stronger Regions Funding - Council has been awarded a $9.999million grant through the Australian Government’s National Stronger Regions Fund Grant Program. The funding is to assist with Stage 1 and will be paid progressively, aligning with construction milestones outlined in the grant deed. State Budget Allocation - The Tasmanian State Budget included LIVING CITY as one of three projects to share in a Northern Cities Fund of $60 million. Negotiations are ongoing with the State Government to finalise the terms and conditions which will specifically allocate this funding to the LINC and Magistrates Court components of LIVING CITY. Additional funding was also allocated in the recent budget to the Coordinator General’s portfolio to assist with the implementation of economic development projects in the North of the State including LIVING CITY. Stage 1 Design - The design for Stage 1 (multi-purpose building, food pavilion, car park and market square) has progressed in the past three months to the near completion of the concept phase. The architectural team of Lyons, Birrelli and Maddison have met key tenants including LINC, Service Tasmania and Council at least four times, amending their plans to suit the user needs and to ensure a quality long term outcome. The architectural team have also met City First twice since their appointment as preferred operator of the conference facility. A separate report on the Council agenda recommends that the draft concept plans be released for public comment. An engineering team consisting of Aurecon, Aecom and Pitt and Sherry has been appointed to work with the architects for the design of Stage 1. Southern CBD Precinct – Council has been actively marketing its consolidated sites in King Street for new business opportunities. Confidential discussions are currently in progress with a potential commercial tenant with an outcome likely to be known within the next month. Art Gallery and Small Performing Art Space – The concept designs for the multi-purpose building include several high quality community meeting spaces, that are likely to transfer demand from the existing Devonport Entertainment and Convention Centre (DECC) to the new facility. Consequently, the future of the existing meeting spaces within the DECC will need to be considered. Initial discussions with the Art Gallery Special Interest Group has highlighted the advantages of relocating Council’s Art Gallery close to the major tourist attractions including the food pavilion, conference centre and proposed hotel. Council in adopting the Master Plan in September 2014 also determined to undertake further investigation into relocating the Devonport Regional Gallery to a suitable location as part of the Waterfront Precinct. Council has also been approached by representatives from the performing arts fraternity who again have raised the lack of a small performance area in Devonport. Council when previously approached regarding this matter in April 2011 determined (Min115/11 refers): “That Council undertake to consider the needs of the Devonport Repertory Society Inc. in any future planning of cultural/performing arts infrastructure.” In light of these resolutions, the future opportunities with the DECC and the willingness within the arts community to consider options, it is recommended that the Stage 1 design team be engaged to undertake a high level review of the feasibility of incorporating the Gallery and an intimate performing arts space into the DECC and/or other parts of the proposed Stage 1 development. The report would explore opportunities to maximise the potential of a cultural hub, combining arts with the existing functions at the DECC, new ITEM 5.8

PAGE 135 Report to Council meeting on 22 June 2015

conference centre and market square. It is intended that as part of the review input will be sought from representatives of the arts community through various forums. LIVING CITY Reference Group – The LIVING CITY Reference Group has had its first meeting. The initial meeting provided participants with a progress update and resulted in general discussion regarding matters such as branding, construction timeframes and linkages with other sectors. Conference Facility Operator – Council, at its May meeting endorsed City First as the preferred operator of the conference facilities component of Stage 1. Initial meetings have been held with City First to progress negotiations on the details of a possible contractual arrangement. Negotiations are expected to be ongoing for some time and once complete a detailed report will be provided to Council for consideration. Future Progress – Progressing arrangements with the State Government remains the highest priority and is occurring on two fronts, firstly discussions around the financial arrangements, and secondly agreeing on the design for the new building. Determining the logistics of the proposed shared service model within the multi-purpose building to achieve improved integrated customer service is also a focus. Attracting suitable business and professional uses into the Southern CBD also remains a priority for Council. 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



Stage One financing plan



Development Approval design sign off



Construction contractor selection process

COMMUNITY ENGAGEMENT Community consultation has been a key component in the development of the LIVING CITY Master Plan to date. It is intended to continue this throughout the construction, with a separate report on public consultation with respect to the Stage 1 plans on this agenda. Council has also established the LIVING CITY Reference Group of which, its key tasks are to keep the community informed on project progress and enable key stakeholder input. Regular updates will also be provided to the public through media releases, enews and website updates.

FINANCIAL IMPLICATIONS Council’s 2014/15 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 5.8

PAGE 136 6 uncil meeting on 22 June 201 15 Report to Cou

ITEM 5.8

PAGE 137 Report to Council meeting on 22 June 2015

Â Devonport City Council - Living City Financial Report YTD

YTD to May 2015 Budget

YTD Variance $ %

Actual

Full Budget 2015

INCOME

Fees & Charges Grants Contributions Investment Revenue Other Income

TOTAL INCOME

863,336

831,457

(31,879)

-3.7%

914,533

863,336

831,457

(31,879)

-3.7%

914,533

EXPENSES

Employee Benefits

42,837

44,572

(1,735)

-2.3%

46,392

266,630

286,347

(19,717)

-7.4%

304,720

Depreciation

93,661

94,175

(514)

-0.5%

102,176

Finance Costs

462,988

462,522

466

0.1%

536,330

Levies & Taxes Other Expenses

151,083

102,790

48,293

32.0%

151,083

10,300

15,983

(5,683)

-55.2%

11,346

1,027,499

1,006,389

2.1%

1,152,047

(164,163)

(174,932)

Materials & Services

Internal Charges

TOTAL EXPENSES NET OPERATING SURPLUS / (DEFICIT)

21,110

(10,769)

6.6%

(237,514)

As of 31 May 2015 the total net operating position was tracking generally in line with budget. Capital Expenditure Council has allocated $4,112,090 in the 2014/15 financial year for capital expenditure associated with LIVING CITY. This allocation is to progress the design and approval process on the Multipurpose Building, Magistrates Court and Retail Development, along with funding for any necessary additional property purchases. As of 31 May 2015 $456,443 of capital expenditure has occurred for the 2014/15 financial year, primarily with P+i and the architects to progress the Multipurpose Building and retail development. It is not expected that the full capital budget will be spent this financial year, with approximately $3m to be carried forward. Actual capital expenditure (primarily for the acquisition of strategic properties) 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 (YTD)

$456,443

ITEM 5.8

PAGE 138 Report to Council meeting on 22 June 2015

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.



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 over the last three months has been significant with a $9.999million grant from the Australian Government and confirmation from the State Government regarding their commitment to the project. Progress has also been achieved through the appointment of a preferred operator for the conference centre, appointment of engineers to the Stage 1 design team and significant progress on the concept designs for Stage 1. The current highest priority in coming months is finalising the funding model with the State Government and other commercial stakeholders for the Stage 1 development.

ATTACHMENTS Nil

RECOMMENDATION That the report on the progress of LIVING CITY be received and noted and that Council engage the Stage 1 design team 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.

Author: Position:

Rebecca McKenna Project Officer Development

Economic

Endorsed By: Position:

ITEM 5.8

Matthew Atkins Deputy General Manager

PAGE 139 Report to Council meeting on 22 June 2015

5.9

LIVING CITY NATIONAL STRONGER REGIONS FUND GRANT DEED File: 30543 D373377

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.4.2

Lobby and attract Government support implementation of LIVING CITY Master Plans

assist

with

the

SUMMARY Council has been successful in its application for a $9.999 million grant from the Federal Government through the National Stronger Regions Fund (NSRF). The funding has been allocated to Stage 1 of LIVING CITY due to commence construction in early 2016. The Federal Government requires Council to enter into a Deed of Agreement for the funding.

BACKGROUND The NSRF is an Australian Government grants program funding infrastructure that supports economic growth across regional Australia. This program will provide funding of $1 billion over five years, commencing in 2015-2016, to fund priority infrastructure in regional communities. The following rules applied to round 1 applications: 

Grants must be between $20,000 and $10 million.



Local government and incorporated not-for-profit organisations are eligible to apply.



Grant funding must be matched in cash on at least a dollar for dollar basis.



NSRF funding will be provided for capital projects which involve the construction of new infrastructure, or the upgrade or an extension of existing infrastructure.



The project must deliver an economic benefit to the region beyond the period of construction. Projects should support disadvantaged regions or areas of disadvantage within a region.



The NSRF funded component of the project must be completed on or before 31 December 2019.

Council invested significant time and resources into preparing the application, including the engagement of consulting firm Hill PDA, to produce extensive economic data. The application requested $9.999 million towards construction of Stage 1 of LIVING CITY while highlighting the fact of Stage 1 being the catalyst to allow future stages to proceed. Applications closed in November 2014, and Council was notified that it had been successful on 12 May 2015. The Prime Minister, the Honourable Tony Abbott presented a token cheque to the Mayor, Alderman Steve Martin at a community event in Ulverstone on 22 May 2015.

STATUTORY REQUIREMENTS The Deed of Agreement refers to various statutory planning, building and environmental requirements relating to the construction of LIVING CITY as funded by the Federal Grant. These are considered standard clauses and will be fully complied with.

ITEM 5.9

PAGE 140 Report to Council meeting on 22 June 2015

DISCUSSION Following the announcement of Councilâ&#x20AC;&#x2122;s successful grant application it is now a requirement to enter into a Deed of Agreement with the Australian Government. A draft version of the grant deed has been received and it is a condition of funding that Council sign the deed within 30 days of receipt. The Deed of Agreement is generally consistent with other deeds previously entered into by Council with the Australian Government. However there are a number of clauses which require some negotiation to ensure Council have flexibility in its final funding model and Councilâ&#x20AC;&#x2122;s development manager P+i are providing advice in regard to this matter. The Grant Deed also requires agreement on the construction timetable and milestones for payment. The grant will then be paid as relevant milestones are complete.

FINANCIAL IMPLICATIONS Signing the Deed of Agreement is the final step in securing $9.999 million from the Federal Government towards Stage 1 of LIVING CITY. Payment of the funds will be progressively made during the life of the project as milestones are achieved.

RISK IMPLICATIONS 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.

CONCLUSION A $9.999 million grant from the Australian Government is a significant financial contribution to the project. It is appropriate to delegate to the General Manager authority to execute the Deed of Agreement once detailed negotiations of its content are completed.

ATTACHMENTS Nil

ITEM 5.9

PAGE 141 Report to Council meeting on 22 June 2015

RECOMMENDATION That Council: 1.

note the success of its application for $9,999,000 from Round 1 of the Australian Governmentâ&#x20AC;&#x2122;s National Stronger Regions Fund; and

authorise the General Manager to negotiate, finalise and execute a Deed of Agreement with the Australian Government by the due date.

Author: Position:

Matthew Atkins Deputy General Manager

Endorsed By: Position:

ITEM 5.9

Paul West General Manager

PAGE 142 2 uncil meeting on o 22 June 201 15 Report to Cou

5.10

LIIVING CIITY STAG GE 1 CON NCEPT PLLANS File: 27122 D374088 8

RELEVANCE TO COUNCIIL’S PLANS & POLICIES Council’s Strategic Plan P 2009-2 2030: Strattegy 2.4.1

Develop and imp plement a CBD Master Plan aligned to o the key y LIVING CITY C princip ples based on community enga agement outcomes o

SUMMARY Design off LIVING CITY Stage 1 has prog gressed ov ver recentt months a and this report seekss Council’s endorsem ment to pub blically rele ease the co oncept pla ans.

BACKGROUUND The idea o of revitalising Devonport’s CBD D to consollidate serviices and b bring life intto the City y has been a 30-yearr communiity dream. Council’ss Strategic Plan clearrly identifie es a strong g desire to rrevitalise Devonport D into i a thriv ving regional City. Under the e branding g “LIVING CITY C - chan nging the heart, h reviv ving the re egion” the long held d vision is ne earing reallity. Since 2010, LIVING CITY has progressed p d through a number of phasess involving g the initiall research and scop e establish ping of the e plan, the hment and d commun nity sign off o on key y principles and finally y the adop ption of the e LIVING CITY Master Plan in Sep ptember 2014. 2 Given the e scale of LIVING CITTY, implem mentation of o the Master Plan w will occur in n a staged d manner w with specific c projects progressiv ely rolling out o over th he next dec cade and beyond. The plan b below outlines three high leve l stages which reflec ct Council’’s current approach. a . Works in the Southe ern CBD co ould possib bly run concurrently with w any off the stage es given itss dependence on ma arket dema and ratherr than the completion of prece eding stage es.

alyst for th he whole project an nd enable es the rem mainder to occur by y Stage 1 is the cata releasing land to be used in later sttages. Stage 1 with w a co onstruction value off approximately $50 million, m invo olves the c creation of a new mu ulti-purpose e commun nity centre,, ITEM 5.10

PAGE 143 Report to Council meeting on 22 June 2015

food pavilion, market square and two levels of a new multi-storey carpark. Importantly Stage 1 facilitates Stage 2 by releasing land for the privately funded retail development, which in turn will free up the space for Stage 3 involving a waterfront hotel, restaurants and attractive public space. Council successfully secured $10 million towards Stage 1 through the Federal Governments National Stronger Regions Fund. Negotiations are continuing with the State Government, the preferred conference centre operator and other commercial tenants to determine the final funding model. At its meeting in March 2015 Council engaged highly regarded firm Lyons Architects to design Stage 1. Lyons has formed a team to undertake the project which includes Launceston firm Birelli Architects and Melbourne based food retail specialists Maddisonâ&#x20AC;&#x2122;s.

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

DISCUSSION The Multi-Purpose Building and Food Pavilion are significant buildings for LIVING CITY and will be a central hub for community activity. They will function as a key node between the future waterfront site and redeveloped retail precinct. Both the Multi-Purpose Building and Food Pavilion should be designed as permanent enhancements to the urban landscape. These buildings will be of civic importance and it is therefore crucial that they are proficiently designed to meet both the aesthetic and functional needs of the City. Lyons have been involved in extensive consultation with the proposed users of the new facilities and have progressively developed the project design since their engagement in March 2015. A number of workshops have been held with Aldermen and Council staff to outline the proposed design direction. Engineering sub consultants joined the team in May and have contributed in relevant areas to the design process. Given the high level of community interest in the project and the impact it will have on Devonport and the broader North West region, it is important to keep the community informed during the design process. The concept is now sufficiently advanced that it is suitable for public release to seek feedback prior to lodgement for the necessary permits. The design plans proposed for public exhibition were presented to Aldermen at a workshop on 17 June 2015.

COMMUNITY ENGAGEMENT Consultation and community input has been at the core of LIVING CITY since the inception of the strategy. The launch of the key principles of LIVING CITY involved thousands of conversations and was the largest community engagement program undertaken by Council. It resulted in an overwhelmingly positive response with 80% of survey respondents agreeing with the direction of LIVING CITY. From that community feedback, the draft Master Plan was developed. This was then released for a further period of extensive community engagement. The release of the Stage 1 plans for a public exhibition period continues the practice of ensuring the community are informed at all points during the LIVING CITY journey.

ITEM 5.10

PAGE 144 Report to Council meeting on 22 June 2015

Feedback received during the proposed three week consultation period will be considered prior to finalising plans for Council approval to proceed with the submission of a development application.

FINANCIAL IMPLICATIONS The cost associated with the public release of the concept plans is minimal and will be funded from the operational budget allocation for LIVING CITY. The final financing arrangements for Stage 1 are still being negotiated with the State Government and other relevant stakeholders and will be the subject of a later report to Council.

RISK IMPLICATIONS 

Consultation and/or Communication Releasing the plans prior to finalising funding arrangements does expose Council to reputational risk if agreements cannot be reached and the buildings do not proceed or are significantly modified.



Risk Management Practices Preliminary cost estimates have been undertaken which indicate Stage 1 is within the bounds of the allocations made in the LIVING CITY funding model.

CONCLUSION Design of LIVING CITY Stage 1 has been underway for several months and is now sufficiently advanced to release for public comment. It is recommended that Council endorse the release of the concept plan for a three week public exhibition period and then consider feedback prior to lodging a development application.

ATTACHMENTS Nil

RECOMMENDATION That Council receive and note the LIVING CITY Stage 1 concept plan report and: 1.

endorse the plan for public release at a media launch;

exhibit the Master Plan for a period of three weeks seeking community comment; and

consider any feedback prior to finalising the plan for development application lodgement.

Author: Position:

Matthew Atkins Assistant General Manager

Endorsed By: Position:

ITEM 5.10

Paul West General Manager

PAGE 145 Report to Council meeting on 22 June 2015

5.11

HOUSING TASMANIA - REQUEST FOR DISCOUNT FOR EARLY PAYMENT OF RATES File: 28639 D373431

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.5.1

Provide financial services to support Council's operations and meet reporting and accountability requirements

SUMMARY This report is provided to advise Council of a request received from Housing Tasmania relating to the provision of a discount for the early payment of their 2015/16 rates.

BACKGROUND Housing Tasmania has traditionally requested that Council provide them with a discount for the early payment of the total rates payable on their 770 properties. In 2014/15 financial year Council determined to provide Housing Tasmania with a discount of 0.9% for the prompt payment of their rates providing the total amount for the full year was received by 31 August 2014.

STATUTORY REQUIREMENTS Council does not provide a discount payment system for its ratepayers. The decision to provide an incentive for early payment by Housing Tasmania will essentially be covered under Section 129 of the Local Government Act 1993 relating to remission of rates.

DISCUSSION By letter dated 21 May 2015, Housing Tasmania advised: “Housing Tasmania is writing to all Councils about the payment arrangements for rates for the 2015-16 financial year. Our preference is to make full payment of all rates due on the date of the first instalment, on the understanding that an agreed discount would be negotiated in return. This arrangement has been adopted by most Councils in the past, and is considered the most effective way of processing rates for both Councils and Housing Tasmania. It provides significant administrative savings, and allows Councils to invest funds paid in advance. We propose a discount rate of .5%. It would be greatly appreciated if you could provide written acceptance of this proposal within twenty one (21) days. Could you also please ensure that notices contain appropriate property identification numbers and to supply an electronic copy (if possible, otherwise a paper copy) for audit purposes. Thank you for your anticipated assistance. Please feel free to contact me on the above number if you would like to further discuss any aspect of this proposal.” Housing Tasmanian was advised that Council may be prepared to consider a 0.3% discount in lieu of their offer of 0.5% on the General Rate and Waste Management Rates only. Housing Tasmania confirmed they would be prepared to accept a 0.3% discount on the General Rates and Waste Management Rates. The following table outlines the ‘incentive’ provided in 2014, the request from Housing Tasmania for 2015 and Council’s suggested alternative: ITEM 5.11

PAGE 146 Report to Council meeting on 22 June 2015

Accepted 2014 Number of Properties

Housing Tasmania Proposal 2015

Council Alternative Proposal 2015

771

770

$1,378,000

$1,459,000

$6,303

$7,295

$4,011

Net Payable by Housing Tasmania

$1,371,697

$1,451,705

$1,454,989

Interest Rate Projected Interest Earned on Investment of Advance Payments Received Less - If Paid by Instalment - no 'Incentive' and Amount Invested at the Same Interest Rate for the Period

3.50%

2.50%

$40,008

$30,244

$30,312

$24,115

$18,237

Less 'Discount' Provided

$6,303

$7,295

$4,011

Net Benefit to Council

$9,590

$4,712

$8,064

Total Rates Payable (Includes Fire) Discount

COMMUNITY ENGAGEMENT No community engagement has been undertaken in respect to this matter. Recent queries have been raised by a member of the public as to why Council provides a discount to Housing Tasmania and not to residents. The queries have been responded to by advising of the benefits to Council of the incentive being granted to Housing Tasmania.

FINANCIAL IMPLICATIONS The financial aspects relating to this matter have been outlined in the table above. The net benefit from a financial perspective is estimated at $8,064.

RISK IMPLICATIONS There may be an expectation from members of the community that they can apply, and receive, a discount on their rates. Council in the past has been criticised by a member of the public for providing an incentive to Housing Tasmania when no such incentive is available to the general ratepayer. In response to this criticism it was advised that the only reason a small discount was provided is because from a financial perspective, considering the large number of property owned by Housing Tasmania in Devonport, it was financially advantageous for Council to do so. Council has previously considered the issue of providing a discount for full payment of rates more generally, however it has not been financially beneficial to do so. A 0.3 per cent discount on an average rate account of $1,500 would amount to just $4.50. In effect should a discount be provided which would provide an adequate incentive for full payment, Council would be required to budget for this cost. Essentially this would mean those unable to pay upfront would actually be further penalised, resulting in those least able to afford it paying more to compensate those with sufficient financial resources to pay.

ITEM 5.11

PAGE 147 Report to Council meeting on 22 June 2015

CONCLUSION The provision of an ‘incentive’ for upfront payment of Housing Tasmania’s rates gives Council not only a financial benefit, but it is also administratively more efficient for the processing of 770 rate accounts.

ATTACHMENTS Nil

RECOMMENDATION That Council agree to the provision of a 0.3 per cent ‘incentive’ on the General and Waste Management Rates to Housing Tasmania for the payment of their total rates for the 2015/16 financial year in a single lump sum prior to 31 August 2015.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 5.11

Paul West General Manager

PAGE 148 Report to Council meeting on 22 June 2015

5.12

CRADLE COAST WASTE MANAGEMENT - ANNUAL PLAN 2105-16 File: 28804 D373378

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 1.4.3

Lead and actively promote emissions minimisation

SUMMARY The purpose of this report is to advise Council of the proposed activities of the Cradle Coast Waste Management Group (CCWMG) for the 2015/16 financial year.

BACKGROUND The Cradle Coast Regional Waste Management Strategy 2012-2017 was ratified by Council in June, 2012. The strategy goals are summarised in four focus areas: 1.

Waste diversion

Regional waste planning and efficiencies

Partnerships

Community engagement

This Annual Plan and Budget (Attachment 1) outlines the proposed activities that will be undertaken by the CCWMG in the 2015/16 financial year. Dulverton Waste Management (DWM) provides resources to undertake activities identified in the Annual Plan and Budget.

STATUTORY REQUIREMENTS The CCWMG is a working group of the Cradle Coast Authority (CCA). The CCA is established as a Joint Authority under Section 30 of the Local Government Act 1993.

DISCUSSION The CCWMG is responsible for implementing the Cradle Coast Regional Waste Management Strategy 2012-2017. The CCWMG, comprises a General Manager, an elected member, CCA & DWM representatives and 4 technical staff from the member Councils. Devonport Council’s Deputy General Manager, Matthew Atkins is one of the technical staff on the group. The CCWMG 2015/16 Annual Plan and Budget is funded from a voluntary levy of $5.00 per tonne of waste delivered to landfills in the North West region. It is estimated that approximately $360,000 (plus 2014/2015 carried over funds) will be available to the CCWMG to implement initiatives from the 5 year strategy. The Annual Plan and Budget, details 17 activities/projects that will be delivered by the group. This regional approach to waste management has significant benefits in areas such as economies of scale and access to specialist advice that Council would be unable to achieve if managing this function alone.

COMMUNITY ENGAGEMENT Community engagement by the CCWMG is undertaken on a project specific basis. Media advertising is used to promote selected initiatives along with a website (Re-think Waste Tasmania) jointly managed with the other two Tasmanian regional waste entities. Further details can be found at www.rethinkwaste.com.au. ITEM 5.12

PAGE 149 Report to Council meeting on 22 June 2015

FINANCIAL IMPLICATIONS There is not expected to be any impact on the Council’s operating budget as a result of this recommendation. The $5 per tonne waste levy has been included in Council’s adopted 2015/16 operational budget.

RISK IMPLICATIONS It is believed there are no risks to Council associated with the recommendation to this report.

CONCLUSION The 2015/16 Annual Plan & Budget of the CCWMG has been finalised and is presented to Council for information and endorsement.

ATTACHMENTS 1.

Cradle Coast Waste Management Group (CCWMG) - Annual Plan and Budget 2015-16 FINAL

RECOMMENDATION That Council receive and endorse the Cradle Coast Waste Management Group’s Annual Plan and Budget for the 2015/16 financial year.

Author: Position:

April Nelson Executive Assistant

Endorsed By: Position:

ITEM 5.12

Matthew Atkins Deputy General Manager

P PAGE 150 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 151 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 152 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 153 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 154 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 155 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 156 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 157 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 158 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 159 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 160 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 161 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 162 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 163 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 164 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 165 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

P PAGE 166 Cradle C Coastt Waste Mana agement Gro oup (CCWMG G) - Annual Plan P and Bud dget 2015-16 2 FINA AL

ITEM 5.12

ATTTACHMENT [1 1]

PAGE 167 Report to Council meeting on 22 June 2015

5.13

UNCONFIRMED MINUTES OF MEETING - AUDIT PANEL - 5 JUNE 2015 File: 30196 D373118

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.6.4

Provide internal and external audit functions to review Council's performance, risk management, financial governance and reporting

SUMMARY To report the unconfirmed minutes of the Audit Panel meeting held on 5 June 2015.

BACKGROUND The Audit Panel is in place to assist Council in fulfilling its oversight responsibilities by providing independent advice and assurance in regard to the Council’s financial management, risk management, internal control and compliance framework. In late 2014, Council determined to establish a shared Audit Panel arrangement with Central Coast Council. The Audit Panel of each Council comprises two elected members and two independent members. The independent members are appointed jointly by both Councils to be shared between each Council’s Audit Panel. As part of the transition to a joint Audit Panel, current member Ken Clarke’s existing three year term on the Devonport City Council Audit Panel will be honoured until its expiry scheduled for July 2016.

STATUTORY REQUIREMENTS All Councils must have Audit Panels that operate in accordance with Part 8 of Division 4 of the Local Government Act 1993 (the Act) and the Local Government (Audit Panels) Order 2014.

DISCUSSION The unconfirmed minutes of the Audit Panel meeting held on 5 June 2015 are attached for Aldermen’s information. These minutes are for the joint meeting of the two Audit Panels and for the Devonport City Council specific section. Items of note from the combined meeting include: 

Overview of both Councils Risk Management Practices and Performance was presented.



Overview of both Councils controls relating to purchase/credit cards specifically for elected members and senior staff was presented.



Devonport City Council Audit Panel Charter was circulated to the panel after being adopted by Council.

The Devonport City Council Audit Panel discussed: 

General Manager provided an overview of the draft budget.



Financial report for the period ended 30 April 2015 was presented and discussed.



The Tasmanian Audit Office presented their external audit scope and fee structure for 2015/16. ITEM 5.13

PAGE 168 Report to Council meeting on 22 June 2015



Potential claims against Council were noted.

COMMUNITY ENGAGEMENT There was no community engagement undertaken as a result of this report.

FINANCIAL IMPLICATIONS There are no financial implications as a result of this report.

RISK IMPLICATIONS 

Risk Management Practices The Audit Panel plays a key oversight role in Council’s Risk Management activities providing elected members with an extra level of comfort that the systems in place are adequate. Within its charter, the primary objectives of the Audit Panel are to consider whether:  



  

the annual financial statements of the Council accurately represent the state of affairs of the Council; the Strategic Plan, Annual Plan, long-term financial management plan and long-term strategic asset management plans of the Council are integrated and the processes by which, and assumptions under which, those plans were prepared are sound and justified; the accounting, internal control, anti-fraud, anti-corruption and risk management policies, systems and controls that the Council has in relation to safeguarding its long-term financial position are appropriate; the Council is complying with the provisions of the Act and any other relevant legislation; all strategic and business risks affecting the Council are identified and assessed, and the effectiveness of mitigation controls evaluated; and the Council has taken any action in relation to previous recommendations provided by the Audit Panel to the Council.

CONCLUSION The information contained in the report and the minutes of the Audit Panel meeting held on 5 June are presented to the Aldermen as per the recommendation below.

ATTACHMENTS 1.

Unconfirmed Minutes of Devonport City Council Audit Panel & Central Coast & Devonport Council Shared Audit Panel

RECOMMENDATION That the unconfirmed minutes of the Audit Panel meeting held on 5 June 2015 be received and noted.

Author: Position:

Shane Crawford Executive Manager Business

Corporate

Endorsed By: Position:

ITEM 5.13

Paul West General Manager

P PAGE 169 Unconfirmed U Minutes of Devonport D City Council A Audit Panel & Central Coa ast & Devonport D Co ouncil Shared d Audit Pane el

ITEM 5.13

ATTTACHMENT [1 1]

P PAGE 170 Unconfirmed U Minutes of Devonport D City Council A Audit Panel & Central Coa ast & Devonport D Co ouncil Shared d Audit Pane el

ITEM 5.13

ATTTACHMENT [1 1]

P PAGE 171 Unconfirmed U Minutes of Devonport D City Council A Audit Panel & Central Coa ast & Devonport D Co ouncil Shared d Audit Pane el

ITEM 5.13

ATTTACHMENT [1 1]

P PAGE 172 Unconfirmed U Minutes of Devonport D City Council A Audit Panel & Central Coa ast & Devonport D Co ouncil Shared d Audit Pane el

ITEM 5.13

ATTTACHMENT [1 1]

P PAGE 173 Unconfirmed U Minutes of Devonport D City Council A Audit Panel & Central Coa ast & Devonport D Co ouncil Shared d Audit Pane el

ITEM 5.13

ATTTACHMENT [1 1]

PAGE 174 Report to Council meeting on 22 June 2015

6.0

INFORMATION

6.1

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 2005 to include in the Agenda the date and purpose of any Council Workshop held since the last meeting. Date 17 2015

Description June LIVING CITY - Stage One

Purpose Lyonâ&#x20AC;&#x2122;s Architect presented LIVING CITY Stage One concept plans.

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 6.1

Paul West General Manager

PAGE 175 Report to Council meeting on 22 June 2015

6.2

GENERAL MANAGER'S REPORT - JUNE 2015 File: 29092 D372046

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.8.2

Ensure access to Council information that meets user demands, is easy to understand, whilst complying with legislative requirements

SUMMARY This report provides a summary of the activities undertaken by the General Manager, 21 May to 16 June 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.

Continued the preparation of the 2015/16 budget including attending a Workshop with Aldermen on rating options following the receipt of the revaluation information from the Valuer-General’s office.

1.4.

Attended a meeting of Council’s Audit Panel. The items considered by the Audit Panel at its meeting included an overview of the 2015/16 budget, financial report as at 30 April 2015, Long Term Financial Strategy and Asset Management Strategy, Asset Revaluation and a LIVING CITY update. The Deputy Auditor General also attended the meeting. A combined Audit Panel meeting with representatives of Central Coast Council was also held.

1.5.

Met with representative of Vision Super to be advised on their aim to gain a greater share of the Tasmanian local government employee superannuation. Vision Super is the local government industry super fund for Victoria.

LIVING CITY 2.1.

Staff briefings were provided on the LIVING CITY project following Council’s success in securing the $10M Federal Government grant. Staff were also shown preliminary designs for the Civic Building proposed which will incorporate Council offices. ITEM 6.2

PAGE 176 Report to Council meeting on 22 June 2015

2.2.

The Department of Infrastructure and Regional Development has appointed a Project Officer to administer on behalf of the Commonwealth the $10M grant provided to Council through the National Stronger Regions Fund. A number of discussions have been undertaken with the Project Officer to finalise the grant deed which has to be signed by 24 June 2015. A separate report has been included on this agenda to allow Council to agree to the terms and conditions of the grant deed prior to it being formally executed.

2.3.

Met with staff at the Devonport Entertainment and Convention Centre to advise them of Council’s decision to identify City First as the preferred operator of the new Convention facility following a recent public expression of interest process.

2.4.

Continued to participate in a number of meetings with the P+i Group, Council’s appointed development managers for LIVING CITY.

2.5.

Attended a briefing by the Architect on the concept plans for Stage 1 of LIVING CITY.

COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.

Met with a ratepayer regarding the postponed rates which were outstanding on a property in which he now has an interest. The discussion mainly centred around the Council’s policy to charge penalty on outstanding instalments.

3.2.

With the Mayor and at the invitation of the Chairman of the RACT Board attended a luncheon in Devonport to recognise North West residents who had been members of the RACT for over 50 years.

3.3.

With the Mayor met with Royce Fairbrother to be briefed on the likely announcement in the State Budget of funding to provide accommodation options for young people in Devonport who are potentially at risk of becoming homeless.

3.4.

Attended the opening of Ghost Rock ‘Hundred Acres’ development.

3.5.

On Wednesday 10 June Council ran two public information forums on the draft budget and the impact of the revaluation on the levying of rates and charges for the 2015/16 financial year.

3.6.

Attended the official unveiling of the Joshua Slocum Walk at the Bass Strait Maritime Centre.

NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.

With the Mayor met with the Mayors and General Managers of Burnie City Council and Central Coast Council to discuss the opportunities which may exist for the three councils to work more cooperatively together. This meeting was organised to further consider the request from the Minister for Local Government for councils to consider opportunities for voluntary amalgamations and /or enhanced resource sharing.

STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.

With the Mayor attended a community breakfast in Ulverstone hosted by Braddon MP Brett Whiteley. The Prime Minister was a guest at the breakfast and took the opportunity to acknowledge Council’s success in receiving $10M through the National Stronger Regions Fund.

ITEM 6.2

PAGE 177 Report to Council meeting on 22 June 2015 5.2.

Council at its meeting on 27 April 2015 determined to write to the Minister for Minister for Infrastructure requesting the installation of traffic management solution including the consideration of a slip lane off the access ramp from the highway to Middle Road in order for traffic to turn left. A response dated 1 June 2015 from the Minister states: Dear Mayor Thank you for your letter of 12 May 2015 regarding installation of a slip lane from the Bass Highway off-ramp to Middle Road. I am advised by the Department of State Growth (the Department) that officers from the Department and Devonport City Council (the Council) have indeed had ongoing discussions regarding the traffic capacity of the intersection of Middle Road with the Bass Highway off-ramp. Currently, vehicles wanting to turn right at the intersection find it difficult to do so and often have to queue before getting a chance to enter Middle Road. Due to this queuing, left-turning traffic is often obstructed from turning until the queue clears. Analysis of the intersection suggests that installation of a left-turning slip lane will not significantly improve the capacity of the intersection, and therefore is not likely to be a costeffective solution. The Department will continue to work with the Council on achieving a solution, however, it is noted that the atypical geometry of the site makes it difficult to address the problem with more traditional approaches. I trust this information clarifies the matter you have raised. Yours sincerely Hon M.T. (Rene) Hidding MP Minister for Infrastructure

OTHER 6.1.

Council was notified via the Government Gazette on 27 May 2015 that for the purposes of section 4A of the Penalty Units and Other Penalties Act 1987, the value of a penalty unit for the financial year commencing 1 July 2015 is to be $154. The current penalty unit rate is $140. In his reading to Parliament, Rene Hidding MP, stated “the objective of the Penalty Units and Other Penalties Amendment Bill 2015 is to increase fines by an immediate 10%, and send a strong message to the community and those that offend that criminal behaviour will not be tolerated in Tasmania.” The most notable impact of this change is in relation to parking infringements. Council’s parking by-law details the methodology for calculating infringement amounts that being a specified percentage of the penalty unit prescribed under the provisions of the Penalty Units and Other Penalties Act 1987. As a result, Council’s infringements will increase to their revised rate with effect from the commencement of the new financial year. There is no way the increase cannot be applied without breaching the by-law. Indication has been given that from the 2016/2017 financial year fines will, once again, increase in line with inflation.

ITEM 6.2

PAGE 178 Report to Council meeting on 22 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&#x20AC;&#x2122; 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 - June 2015

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

Author: Position:

Paul West General Manager

ITEM 6.2

PAGE 179 Action Report on Council Resolutions - June 2015

ATTACHMENT [1]

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

RESOLUTION NO

May 2015

96/15

99/15

100/15

RESPONSIBLE OFFICER

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

14 Murray Street, East Devonport State Heritage Register - A L Rockliff Amendment to Delegations Land Use Planning and Approvals Act

Contact owner of 14 Murray Street, East Devonport and encourage/suggest they endeavour to have property de-listed from State Heritage Register.

Completed

Delegated exercise of power to issue infringement notices for prescribed offences to General Manager, Paul West, Deputy General Manager, Matthew Atkins; and Development & Health Services Manager Brian May; or any person acting in the above positions as required. GFC 13/15 Parking Strategy Action Plan Progress Noted status of actions listed GFC 15/15 Public Land Register Adopted list attached as its Public Land Register and authorised copy of Register to be made available on Council’s website and at Chambers GFC 16/15 Council Policy Review Adopted reviewed policies with immediate effect GFC 18/15 General Manager’s Delegations Right to Information Act 1009, Personal Information Protection Act 2005 and Public Interest Disclosures Act 2002 GFC 19/15 Loan to Tasmanian Community Resources Inc.

Completed

Council has written to both the property owner and the Tasmanian Heritage Council to encourage action to have this property removed from the Tasmanian Heritage Register. Delegations updated

Governance Finance Committee May 2015

& 18

ITEM 6.2

Completed

Review of Parking commenced.

Completed

Policies website

Completed

Delegations updated.

Completed

Amount written off as resolved.

available

Strategy

has

Council’s

DGM

EM(C&B)

PAGE 180 Action Report on Council Resolutions - June 2015

MEETING DATE

RESOLUTION NO

May 2015

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

101/15

Rotary Club of Devonport North Proposed Seawalk Project

Completed

Letter sent to Rotary Devonport North.

102/15

Cradle Country Marketing Group Partnership Agreement Tender Engineering Services - Stage 1 LIVING CITY

Support grant application submitted for funding feasibility study relating to Bluff Sea Walk proposal - maximum amount $15,000; and appoint Ald Goodwin as Council’s representative on the Sea Walk Steering Committee with Ald Jarman proxy. Endorsed Devonport and Cradle Country Marketing Partnership Agreement.

In progress

Agreement finalised.

Award following three contracts: a) Structural, façade, Environmental Sustainable Design to Aurecon - $147,900 b) Building Services to Aecom with Engineering Solutions Tasmania - $476,500 c) Civil, Roads and Stormwater to Pitt & Sherry - $96,000.

Completed

103/15

ATTACHMENT [1]

ITEM 6.2

RESPONSIBLE OFFICER Club

Meeting planned with stakeholders in June for signing. All contracts awarded.

EM(CS) all DGM

PAGE 181 Action Report on Council Resolutions - June 2015

ATTACHMENT [1]

Previous Council Resolutions - still being actioned MEETING DATE

RESOLUTION NO

April 2015

76/15

Formation Lease Policies

79/15

Infrastructure, Works and Development Committee - 13 April 2015

TOPIC

82/15

March 2015

Removal of Trees at Home Hill

49/15

Budget Allocation - Planting of Trees - Ald L M Laycock

RESPONSIBLE OFFICER

RESOLUTION/ITEM

STATUS

COMMENTS

Release draft Community, Childcare and Commercial Lease Policies for four week consultation period; and note results of consultation and any proposed changes to Policies will be provided to Council. IWC 8/15 That presentation regarding proposed Don River walking/ cycling track be noted and a report be prepared for consideration by Council. IWC 13/15 Meercroft Park Reserve Car Park Project Noted Arborist’s report and due to identified safety concerns trees be removed, subject to confirmation of support from National Trust and stakeholders Deferred pending Working being held.

Completed

Consultation period ended 5 June. Report on current agenda.

In progress

Report being prepared for August Infrastructure Works and Development Committee.

DGM

Completed

Project included in draft 2015/16 Capital Works Program. Development application submitted

ITEM 6.2

In progress

EM (CS)

Requires referral to Heritage Council. Completed

Considered as deliberations

part

budget

PAGE 182 Action Report on Council Resolutions - June 2015

MEETING DATE

RESOLUTION NO

March 2015

ATTACHMENT [1]

RESPONSIBLE OFFICER

TOPIC

RESOLUTION/ITEM

STATUS

COMMENTS

52/15

Rooke Street Mall Improvements

In progress

Meeting held with DCCI on Friday, 29 May to progress public address system concept.

EM (C&B)

February 2015

30/15

Entry Corridor Ferry Terminal to Bass Highway Ald J F Matthews

Made a determination in relation to its capital budget for improvements in the Rooke Street Mall. 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.

Completed

Community Development Strategic Special Committee endorsed recommendation by East Devonport Special Interest Group to obtain costings. Provisional estimates of $1.5M have been provided by Infrastructure & Works Manager.

EM (CS)

January 2015

3/15

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

In Progress

Consultant has investigations and awaiting final report.

December 2014

308/14

Budget Airline

In Progress

Maintaining a watching brief in regards to this issue.

316/14

Spirit of the Sea Level of Service

Completed

Agreement has been confirmed with Lions Club - reinstatement works will be completed as soon as possible.

DGM(IW&D)

211/14

Youth Engagement

In Progress

Youth Engagement Plan currently being developed.

EM (CS)

221/14

Council owned land

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. Remain committed to working with neighbouring Councils, State Government and Tas Ports on growing the potential of Devonport Airport including attracting a budget airline; and note securing a budget airline at this time it not high priority for Airline industry or State Governmentâ&#x20AC;&#x2122;s Access Plan. Accepted Lions Club of City of Devonport Inc offer to reinstate infrastructure associated with the Statue; noting requirement to allocate additional funds in future budgets for operating and maintenance costs. Continue youth engagement through Council activities and determined that the Youth Policy be reviewed and included within Community Development Framework. Further that technology be used to seek input and feedback from young people. List as a future Workshop topic the options which may be available for the Council owned land adjacent to the entry/exit to the Spirit of Tasmania ferry terminal at 2-12 Murray Street, East Devonport, acquired in 2009.

Completed

Listed for discussion at workshop to be held 29 June.

EM (CS)

October 2014

ITEM 6.2

undertaken interviews,

DGM(IW&D)

PAGE 183 Action Report on Council Resolutions - June 2015

ATTACHMENT [1]

CLOSED SESSION MEETING DATE

RESOLUTION NO

May 2015

105/15 107/15

TOPIC Claim for Compensation Closed Session Governance & Finance Committee - 18 May 2015

108/15

Expressions of Interest Conference Centre Operator

109/15

Maidstone Park Management Controlling Authority - Request to Council

RESOLUTION/ITEM

STATUS

COMMENTS

Accepted no liability for any expenses incurred. GFC 23/15 Management of Fenton Villas a) Make no change to ownership and management in short term; b) Dissolve Fenton Villas Management Controlling Authority. 1. City First preferred convention/conference operator and instruct P+I to enter into detailed negotiations for Council’s further consideration; and 2. Authorise Mayor in conjunction with City First to jointly publicly announce selection. Requested strong business case to be before issue would be further considered.

Completed

Letter sent to claimant advising of decision. Letter sent to external member notifying of dissolution of the Authority.

Completed

RESPONSIBLE OFFICER DGM EM(C&B)

Completed

Public announcement made by Mayor and negotiations commenced with City First.

DGM

Completed

Letter sent to Maidstone Park Management Controlling Authority, 26 May 2015.

Previous Council Resolutions - still being actioned MEETING DATE

RESOLUTION NO

March 2015

63/15

February 2015

44/15

December 2014

320/14

TOPIC Purchase of Property Options for Acquisition of Property LIVING CITY Business and Professional Precinct Proposal

RESOLUTION/ITEM

STATUS

COMMENTS

General Manager authorised to finalise purchase agreement. General Manager undertake preliminary investigations on options which may be available to Council for acquiring property. Support preparation in conjunction with Devonport Central Pty Ltd of proposal for new business relocation into King Street.

In progress

Agreement being negotiated.

ITEM 6.2

In progress

Ongoing

RESPONSIBLE OFFICER GM GM

Awaiting response from potential tenant.

DGM(IW&D)

PAGE 184 Report to Council meeting on 22 June 2015

7.0

SECTION 23 COMMITTEES

7.1

INFRASTRUCTURE WORKS MEETING - 9 JUNE 2015

AND

DEVELOPMENT

COMMITTEE File: 29528 D373894

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 the Council by the Infrastructure Works and Development Committee meeting held on Tuesday, 9 June 2015.

ATTACHMENTS 1.

Minutes - Infrastructure Works and Development Committee - 2015/06/09

RECOMMENDATION That the minutes of the Infrastructure Works and Development Committee meeting held on Tuesday, 9 June 2015 be received and the recommendations contained therein be adopted. IWC 20/15

Formby Road Parking Outside Devonport Community Church

IWC 21/15

Public Lighting Strategy - Year 1 Status

IWC 22/15

Asset Management Strategy

IWC 23/15

Impacts of Urban Drainage Act 2013

IWC 24/15

Development and Health Services Report

IWC 25/15

Infrastructure and Works Report

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 7.1

Paul West General Manager

PAGE 185 Minutes - Infrastructure Works and Development Committee - 2015/06/09

ATTACHMENT [1]

MINUTES OF AN INFRASTRUCTURE WORKS AND DEVELOPMENT COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON TUESDAY, 9 JUNE 2015 COMMENCING AT 6:00PM PRESENT:

Ald L M Perry (Chairman) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J F Matthews

Aldermen in Attendance: Ald A L Rockliff Council Officers: Deputy General Manager, M Atkins Manager Development, B May Infrastructure and Works Manager, K Lunson Audio Recording: All persons in attendance were advised that it is Council policy to record Council meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. 1.0

APOLOGIES There were no apologies received.

2.0

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0

PROCEDURAL 3.1 3.1.1

PUBLIC QUESTION TIME QUESTIONS ON NOTICE FROM THE PUBLIC

Nil 3.1.2

QUESTION WITHOUT NOTICE FROM THE PUBLIC

Nil 3.2

QUESTIONS FROM ALDERMEN

Nil

3.3 NOTICES OF MOTION Nil

4.0 TENDERS Nil ITEM 7.1

PAGE 186 Minutes - Infrastructure Works and Development Committee - 2015/06/09

ATTACHMENT [1]

5.0 INFRASTRUCTURE AND WORKS REPORTS 5.1

FORMBY ROAD (D371351)

PARKING

OUTSIDE

DEVONPORT

COMMUNITY

CHURCH

IWC 20/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Jarman

That it be recommended to Council that the report of the City Engineer regarding parking in the left hand travel lane of Formby Road be received and that Council advise the Devonport Community Church that at this time the low crash data and moderate recorded traffic volumes support maintaining the current arrangements. For   

Ald Goodwin Ald Emmerton Ald Matthews

Against Ald Jarman Ald Perry

For  

Against

CARRIED UNANIMOUSLY 5.2

PUBLIC LIGHTING STRATEGY - YEAR 1 STATUS (D369202) IWC 21/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Emmerton

That it be recommended to Council that the report of the City Engineer be received and Council note that the status of actions listed in the Devonport City Council Public Lighting Strategy. For   

Ald Goodwin Ald Emmerton Ald Matthews

Against Ald Jarman Ald Perry

For  

Against

CARRIED UNANIMOUSLY 5.3

ASSET MANAGEMENT STRATEGY (D368765) IWC 22/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Matthews

That it be recommended to Council that the report of the Infrastructure & Works Manager regarding the Asset Management Strategy be received and that Council adopt the attached Asset Management Strategy with immediate effect. Ald Goodwin Ald Emmerton Ald Matthews

For   

Against Ald Jarman Ald Perry

For  

Against

CARRIED UNANIMOUSLY ITEM 7.1

PAGE 187 Minutes - Infrastructure Works and Development Committee - 2015/06/09

5.4

ATTACHMENT [1]

IMPACTS OF URBAN DRAINAGE ACT 2013 (D372548) IWC 23/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Emmerton

That it be recommended to Council that the report of the City Engineer regarding the Urban Drainage Act 2013 be received and noted and for the purposes of complying with the Act, Council: 1.

define ‘the urban area’ as shown in the attached Urban Drainage Area June 2015 map (Section 5);

continue to allocate resources for survey, hydraulic modelling and risk assessment of urban drainage catchments as part of its annual budget deliberations (Section 10); and

define ‘reasonable’ (Section 19), as possible without the use of a pump and possible without an extension of the public storm water system. For   

Ald Goodwin Ald Emmerton Ald Matthews

Against

For  

Ald Jarman Ald Perry

Against

CARRIED UNANIMOUSLY

6.0 INFRASTRUCTURE WORKS AND DEVELOPMENT BI-MONTHLY UPDATES 6.1

DEVELOPMENT AND HEALTH SERVICES REPORT (D371515) IWC 24/15 RESOLUTION MOVED: SECONDED:

Ald Goodwin Ald Jarman

That it be recommended to Council that the Development and Health Services report be received and noted. For   

Ald Goodwin Ald Emmerton Ald Matthews

Against Ald Jarman Ald Perry

For  

Against

CARRIED UNANIMOUSLY 6.2

INFRASTRUCTURE AND WORKS REPORT (D370480) IWC 25/15 RESOLUTION MOVED: SECONDED:

Ald Matthews Ald Emmerton

That it be recommended to Council that the Infrastructure and Works report be received and noted.

ITEM 7.1

PAGE 188 Minutes - Infrastructure Works and Development Committee - 2015/06/09

Ald Goodwin Ald Emmerton Ald Matthews

For   

Against Ald Jarman Ald Perry

ATTACHMENT [1]

For  

Against

CARRIED UNANIMOUSLY With no further business the Chairman declared the meeting closed at 6:34pm.

ITEM 7.1

PAGE 189 Report to Council meeting on 22 June 2015

7.2

PLANNING AUTHORITY COMMITTEE MEETING - 15 JUNE 2015 File: 29133 D374471

RELEVANCE TO COUNCILâ&#x20AC;&#x2122;S PLANS & POLICIES Councilâ&#x20AC;&#x2122;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 Planning Authority Committee meeting held on Monday, 15 June 2015.

ATTACHMENTS 1.

Minutes - Planning Authority Committee - 15 June 2015

RECOMMENDATION

That the minutes of the Planning Authority Committee meeting held on Monday, 15 June 2015 be received and the recommendations contained therein be adopted. PAC 05/15

Planning Applications approved under Delegated Authority 1 April 2015 to 31 May 2015

PAC 06/15

PA2015.0043 Residential (multiple dwellings x 3) - assessment against performance criteria under clauses 10.4.2, 10.4.3 & 10.4.6 - 79 Parker Street, Devonport

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 7.2

Paul West General Manager

PAGE 190 Minutes - Planning Authority Committee - 15 June 2015

ATTACHMENT [1]

MINUTES OF A PLANNING AUTHORITY COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, 15 JUNE 2015 COMMENCING AT 11:00AM PRESENT:

Ald G F Goodwin in the Chair Ald J F Matthews Ald L M Perry

Council Officers: Deputy General Manager, M Atkins Manager Development and Health Services, B May Planning and Environmental Health Coordinator, S Warren Senior Town Planner, C Milnes 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 apologies were received for the meeting. Ald Martin Ald Emmerton

Apology Apology

PAC 04/15 RESOLUTION MOVED: SECONDED:

Ald Perry Ald Matthews

In the absence of the Chairman Ald Goodwin be appointed Chairman for this meeting. Ald Goodwin Ald Perry

For  

Against Ald Matthews

For 

Against

CARRIED UNANIMOUSLY. 2.0

DECLARATIONS OF INTEREST There were no Declarations of Interest.

ITEM 7.2

PAGE 191 Minutes - Planning Authority Committee - 15 June 2015

ATTACHMENT [1]

3.0 DELEGATED APPROVALS 3.1

PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY 1 APRIL 2015 TO 31 MAY 2015 (D373223) PAC 05/15 RESOLUTION MOVED: SECONDED:

Ald Perry Ald Matthews

That the list of delegated approvals be received. For  

Ald Goodwin Ald Perry

Against Ald Matthews

For 

Against

CARRIED UNANIMOUSLY

4.0 DEVELOPMENT REPORTS 4.1

PA2015.0043 RESIDENTIAL (MULTIPLE DWELLINGS X 3) - ASSESSMENT AGAINST PERFORMANCE CRITERIA UNDER CLAUSES 10.4.2, 10.4.3 & 10.4.6 - 79 PARKER STREET, DEVONPORT (D373233) PAC 06/15 RESOLUTION MOVED: SECONDED:

Ald Matthews Ald Perry

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 PA2015.0043 and grant a Permit to use and develop land identified as 79 Parker Street, Devonport for the following purposes: 

Residential (multiple dwellings x 3) - assessment against performance criteria under clauses 10.4.2, 10.4.3 & 10.4.6

Subject to the following conditions: 1.

The Use and Development is to proceed generally in accordance with the following submitted plans and documentation, copies of which are attached and endorsed as documents forming part of this Planning Permit: a. b. c.

Plans by Weeda Drafting & Building Consultants; In-principle agreement – Roads and Stormwater, Devonport City Council, dated 30/4/15; Shadow Castings 21 June, BTA0515-216, dated 15/5/15

The windows adjacent to the driveway for the existing dwelling and unit 1 must be double glazed and window coverings (curtains, blinds etc) must be installed prior to any strata plan being endorsed.

The TasWater ‘Submission to Planning Authority Notice’ conditions must be adhered to.

ITEM 7.2

PAGE 192 Minutes - Planning Authority Committee - 15 June 2015

ATTACHMENT [1]

Note: The following is provided for information purposes.

THIS IS NOT A BUILDING PERMIT. You need to provide a copy of this planning permit to a registered Tasmanian Building Surveyor. WORK CANNOT COMMENCE UNTIL BUILDING AND PLUMBING PERMITS ARE ISSUED. In regard to condition 3 the applicant/developer should contact TasWater – Ph 136 992 with any enquiries. Enquiries regarding other conditions can be directed Development & Health Services Department – Ph 6424 0511.

Ald Goodwin Ald Perry

For  

Against Ald Matthews

For 

Council’s

Against

CARRIED UNANIMOUSLY With no further business on the agenda the Chairman declared the meeting closed at 11:03am.

ITEM 7.2

PAGE 193 Report to Council meeting on 22 June 2015

7.3

COMMUNITY SERVICES COMMITTEE MEETING - 15 JUNE 2015 File: 29530 D374587

RELEVANCE TO COUNCILâ&#x20AC;&#x2122;S PLANS & POLICIES Councilâ&#x20AC;&#x2122;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 Community Services Committee meeting held on Monday, 15 June 2015.

ATTACHMENTS 1.

Minutes - Community Services Committee - 15 June 2015

RECOMMENDATION

That the minutes of the Community Services Committee meeting held on Monday, 15 June 2015 be received and the recommendations contained therein be adopted. CSC 11/15

Minutes of the Sport and Recreation Strategic Special Committee Meeting

CSC 12/15

Minutes of the Arts, Culture and Tourism Strategic Special Committee Meeting

CSC 13/15

Minutes of the Community Development Strategic Special Committee Meeting

CSC 14/15

Eastside Village Branding Proposal

CSC 15/15

Devonport Visitor Information Centre -Update Amended Operational Hours

CSC 16/15

Social Determinants of Health (Food Connection) Funding Update

CSC 17/15

Don Reserve Environmental Management Plan

CSC 18/15

Devonport Weed Strategy - Year Three Progress

CSC 19/15

Community Services Committee Report - June 2015

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 7.3

Paul West General Manager

PAGE 194 Minutes - Community Services Committee - 15 June 2015

ATTACHMENT [1]

MINUTES OF A COMMUNITY SERVICES COMMITTEE MEETING OF THE DEVONPORT CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, 44-48 BEST STREET, DEVONPORT ON MONDAY, 15 JUNE 2015 COMMENCING AT 6:00PM PRESENT:

Ald A L Rockliff (Chairman) Ald A J Jarman Ald J T Keay Ald L M Laycock

Aldermen in Attendance: Council Officers: General Manager, P West Cultural and Community Development Manager, B de Jong Governance Coordinator, K Hampton Marketing, Tourism and Recreation Manager, S Jones 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 Martin

2.0

Apology

DECLARATIONS OF INTEREST There were no Declarations of Interest.

3.0

PROCEDURAL 3.1 3.1.1

PUBLIC QUESTION TIME QUESTIONS ON NOTICE FROM THE PUBLIC Nil

3.1.2

QUESTION WITHOUT NOTICE FROM THE PUBLIC Nil

3.2

QUESTIONS FROM ALDERMEN Nil

3.3 NOTICES OF MOTION Nil

ITEM 7.3

PAGE 195 Minutes - Community Services Committee - 15 June 2015

ATTACHMENT [1]

4.0 COMMUNITY SERVICES REPORTS 4.1

MINUTES OF THE SPORT AND RECREATION STRATEGIC SPECIAL COMMITTEE MEETING (D369718) CSC 11/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Jarman

That it be recommended to Council the minutes of the Strategic Special Committees be received and noted and that Council: a)

approve the request from the Devonport Tennis Club for funding towards lighting upgrade to the amount of $24,000;

seek a detailed Officer’s report on the request from the Devonport Gymnastics Club relating to a new building/clubhouse for consideration and potential inclusion in Council’s long term asset and financial plans;

seek a detailed Officer’s report regarding the request from the Devonport Junior Soccer Association for lighting at Meercroft Park for consideration and potential inclusion in Council’s long term asset and financial plans; and

request the Devonport Bowls & Croquet Club to complete a Sports Development application in relation to their proposal for a new complex at the corner of James and North Fenton Streets. For  

Ald Rockliff Ald Keay

Against

For  

Ald Jarman Ald Laycock

Against

CARRIED UNANIMOUSLY 4.2

MINUTES OF THE ARTS, CULTURE AND TOURISM STRATEGIC SPECIAL COMMITTEE MEETING (D371011) CSC 12/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Laycock

That it be recommended to Council that the minutes of the Arts, Culture and Tourism Strategic Special Committee be received and that Council: a)

when opportunities arise, seek grant funding maintenance of the Julie Burgess hull and masts.

pursue sponsorship opportunities to assist Council in the development of a marketing communication plan focused on local heritage assets.

agree to nominate an additional Alderman representative to the Devonport Maritime and Heritage Special Interest Group, that Alderman being Ald Goodwin.

support the renaming of ‘the Tidal: City of Devonport Art Award’ to ‘Tidal: City of Devonport National Art Award’

ITEM 7.3

for

the

ongoing

PAGE 196 Minutes - Community Services Committee - 15 June 2015

ATTACHMENT [1]

support and encourage youth involvement across all of its strategic committees and special interest groups.

seek further details on the proposal to publish an updated edition of the “Story of Devonport”. For  

Ald Rockliff Ald Keay

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY 4.3

MINUTES OF THE COMMUNITY DEVELOPMENT STRATEGIC SPECIAL COMMITTEE MEETING (D371255) CSC 13/15 RESOLUTION MOVED: SECONDED:

Ald Laycock Ald Keay

That it be recommended to Council that the minutes of the Community Development Strategic Special Committee be received and noted and that Council: (a)

write to the Minister for State Growth outlining its concerns regarding the changes to the Community Road Safety Program and lack of consultation undertaken in determining the changed arrangements;

(b)

seek the advice of the Department of State Growth regarding potential installation of signage outlining Devonport attractions on Tarleton Street / Bridge Road;

(c)

request a report from the City Engineer on the proposal to designate the south side of Morris Ave (opposite Devonport Community House, from Middle Road to Chichester Drive) as a “No Standing” zone. For  

Ald Rockliff Ald Keay

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY 4.4

EASTSIDE VILLAGE BRANDING PROPOSAL (D369887) CSC 14/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Keay

That it be recommended to Council that the request from the “Village People” for the potential rebranding of the East Devonport retail precinct to “Eastside Village” be received and the Council implements a community engagement plan to canvass the views of the wider community on the proposal prior to the matter being further considered. Ald Rockliff Ald Keay

For  

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY ITEM 7.3

PAGE 197 Minutes - Community Services Committee - 15 June 2015

4.5

ATTACHMENT [1]

DEVONPORT VISITOR INFORMATION CENTRE -UPDATE AMENDED OPERATIONAL HOURS (D370016) CSC 15/15 RESOLUTION MOVED: SECONDED:

Ald Laycock Ald Jarman

That it be recommended to Council that the report on the Devonport Visitor Centre be received and noted and that Council: a)

continue operating the Centre on the current reduced span of hours: 

Monday to Friday 7.30am – 3.30pm,



Saturday, Sundays and Public Holidays 7.30am – 11.30am;

if deemed operationally necessary extend both weekday and weekend hours during the peak tourism season and/or during the staging of significant events in Devonport For  

Ald Rockliff Ald Keay

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY 4.6

SOCIAL DETERMINANTS OF HEALTH (FOOD CONNECTION) FUNDING UPDATE (D372635) CSC 16/15 RESOLUTION MOVED: SECONDED:

Ald Keay Ald Laycock

That it be recommended to Council that the Social Determinants of Health (Food Connection) report be received and it be noted that current advice from Tasmanian Medicare Local is that the funding agreement through to 30 June 2016 will be confirmed. For  

Ald Rockliff Ald Keay

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY 4.7

DON RESERVE ENVIRONMENTAL MANAGEMENT PLAN (D373332) CSC 17/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Keay

That it be recommended to Council that the Don Reserve Environmental Management Plan be endorsed. Ald Rockliff Ald Keay

For  

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY ITEM 7.3

PAGE 198 Minutes - Community Services Committee - 15 June 2015

4.8

ATTACHMENT [1]

DEVONPORT WEED STRATEGY - YEAR THREE PROGRESS (D373342) CSC 18/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Keay

That it be recommended to Council that the progress made on the Devonport Weed Strategy Action Plan be noted. For  

Ald Rockliff Ald Keay

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY 4.9

COMMUNITY SERVICES COMMITTEE REPORT - JUNE 2015 (D367754) CSC 19/15 RESOLUTION MOVED: SECONDED:

Ald Jarman Ald Laycock

That it be recommended to Council that the Community Services report be received and noted. Ald Rockliff Ald Keay

For  

Against Ald Jarman Ald Laycock

For  

Against

CARRIED UNANIMOUSLY

There being no further business the Chairman declared the meeting closed at 6:27pm.

ITEM 7.3

PAGE 199 Council meeting Agenda 22 June 2015

8.0

CLOSED SESSION

RECOMMENDATION That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2005, the following be dealt with in Closed Session. Local Government (Meeting Procedures) Regulations 2005 Reference

Item No

Matter

8.1

Unconfirmed Minutes - Cradle Coast 15(2)(f) Authority Board Meeting - 12 May 2015

8.2

Food Ambassador

8.3

LGAT - Election of General Management 15(2)(j) Committee

8.4

General Manager's Performance Review 15(2)(a) 2015

15(2)(c)

PAGE 200 Council meeting Agenda 22 June 2015

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