NOTICE OF MEETING Notice is hereby given that an ordinary Meeting of the Devonport City Council will be held in the Council Chambers, 44-48 Best Street, Devonport, on Monday 24 November 2014, commencing at 6:30pm. The meeting will be open to the public at 6:30pm.
QUALIFIED PERSONS In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports in this agenda contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.
Paul West GENERAL MANAGER 19 November 2014
AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 24 NOVEMBER 2014 AT THE COUNCIL CHAMBERS AT 6:30PM Item
1.0
Page No.
APOLOGIES Ald LM Laycock
2.0
CERTIFICATE OF ELECTION (D343794) ....................................................................................... 5
3.0
DECLARATIONS OF INTEREST
4.0
PUBLIC QUESTION TIME .............................................................................. 5
4.1
Responses to questions raised at prior council meetings (D348148)...................................... 8
5.0
CONFIRMATION OF MINUTES...................................................................... 10
5.1
Minutes of an Council meeting held 20 October 2014 .......................................................... 10
6.0
WORKSHOPS & BRIEFING SESSIONS ............................................................ 11
6.1
Workshop and Briefing Sessions held since the last Council meeting (D347493)............... 11
7.0
PLANNING AUTHORITY MATTERS ................................................................ 13
7.1
DISP2014.03 Dispensation to set aside the provisions of the general residential zone to allow the site to be zoned Urban Mixed Use zone - 13 & 14-15 Victoria Parade and 5 Lower Madden Street, Devonport (D347705) ................................................ 14
8.0
NOTICES OF MOTION ............................................................................... 50
8.1
Free Parking - Council Car Parks - Ald J F Matthews (D347744)............................................ 50
9.0
MAYORAL REPORT ................................................................................... 52
9.1
Mayor's Monthly Report (D347540) ............................................................................................. 52
10.0
GENERAL MANAGER'S REPORTS ................................................................. 54
10.1
General Manager's Report - November 2014 (D342849) ....................................................... 54
10.2
Meeting Arrangements (D343833) ............................................................................................. 66
10.3
Planning Authority Committee Meeting - 22 September 2014 and 27 October 2014 (D346008) ............................................................................................................................... 69
10.4
Councillor Allowances (D345138) ............................................................................................... 75
10.5
Payment of Aldermen's Allowances, Expenses and Provision of Facilities Policy (D345526) ........................................................................................................................................ 77
10.6
Section 23 Committees - Updated Policy Document (D345658) ......................................... 85
10.7
Section 23 Committees - Appointment of Members (D346479) ........................................... 92
10.8
Appointment to Committees, Controlling Authorities and Panels (D346062) .................... 95
10.9
Appointment to Committees and Working Groups (D346073) ............................................. 98
10.10
Meeting Timetable - December 2014 - January 2015 (D346227) ....................................... 108
11.0
CUSTOMERS AND COMMUNITY REPORTS ................................................... 113
11.1
HMAS Stuart - The Freedom of Entry to the City of Devonport (D347103)......................... 113
11.2
Financial Assistance - City of Devonport Lions Club (D347526) .......................................... 116
32.0
TECHNICAL AND FINANCE REPORTS .......................................................... 119
12.1
Tender Report Contract 1271 Kelcey Tier Safety Improvements stage 3 (D345645) ....... 119
12.2
Tender Report Contract 1279 William Street Reconstruction - Tasman to Charles Street (D345647) ........................................................................................................................... 122
12.3
Tender Report - Contract 1270 Devonport Entertainment & Convention Centre Heating, Ventilation & Air Conditioning upgrade (D339179) .............................................. 125
12.4
Tender Report Contract 1276 Waste Transfer (D345650)...................................................... 129
13.0
CLOSED SESSION - CONFIDENTIAL MATTERS .............................................. 133
OUT OF CLOSED SESSION ............................................................................................... 134
PAGE 5 Report to Council meeting on 24 November 2014
2.0
CERTIFICATE OF ELECTION File: 29286 D343794
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.2.3
Encourage community action and participation that results in increased well-being and engagement
SUMMARY This report is provided to advise Council of the outcome of the 2014 Elections.
BACKGROUND Council is required to seek candidates for election through the Tasmanian Electoral Commission process in accordance with the provisions of the Local Government Act 1993.
STATUTORY REQUIREMENTS The Local Government Act 1993 stipulates the requirements for Council to be subject to an election each four years. The Act was amended recently to provide that all future elections will be carried out on an “all-in” “all-out” basis each four years. The terms of office for the Mayor and Deputy Mayor is also now for four years. An amendment which removed the requirement for the Mayor and Deputy Mayor to have at least 12 months experience as an elected councillor in Tasmania was removed in September 2014 in time for this recent election. Council also as a result of a review by the Local Government Board had its number of elected members reduced from 12 to 9 at this election.
DISCUSSION CERTIFICATE OF ELECTION A Certificate of Election for the 2014 Local Government Election was submitted by the Returning Officer, Tasmanian Electoral Commission with the following information.
ALDERMAN POSITIONS The following nine Aldermen were elected for a period of 4 years: 1. 2. 3. 4. 5. 6. 7. 8. 9.
Steve MARTIN Leon PERRY Lynn LAYCOCK Annette ROCKLIFF Charlie EMMERTON Jeff MATTHEWS Justine KEAY Alison JARMAN Grant GOODWIN
MAYOR Ald Steve Martin was elected to the position of Mayor for a period of 4 years.
ITEM 2.0
PAGE 6 Report to Council meeting on 24 November 2014
DEPUTY MAYOR Ald Annette Rockliff was elected to the position of Deputy Mayor for a period of 4 years. There is a requirement that prior to an Alderman assuming that office he/she is to formally undertake a declaration of office. All successful candidates were invited to attend a „Declaration of the Pollâ€&#x; afternoon event on Thursday 6 November 2014. At this event all Aldermen in attendance complied with the Declaration of Office requirement. Ald Goodwin was unavailable for the event and therefore completed his Declaration of Office oath separately.
COMMUNITY ENGAGEMENT The community was provided with an opportunity to participate in the election process through a postal ballot system for all persons included on the Devonport Electoral Roll.
FINANCIAL IMPLICATIONS The cost of the election is not known at this time. It is expected that Council will receive an account from the Tasmanian Electoral Commission in the coming months. The information on the actual costs will be reported to Council when available.
RISK IMPLICATIONS No risks have been identified in relation to this report.
CONCLUSION The report is provided as a formality to officially recognise the commencement of the newly elected Devonport City Council.
ATTACHMENTS 1.
Certificate of Election - Devonport City Council
RECOMMENDATION That Council: 1.
Note the outcome of the 2014 Local Government Elections for Devonport City Council as advised in the Certificate of Election.
2.
Note that all Aldermen have complied with the requirement of the Local Government Act 1993 and completed their Declaration of Office.
Author: Position:
Paul West General Manager
ITEM 2.0
PAGE 7 Certificate of Election - Devonport City Council
ATTACHMENT [1]
ITEM 2.0
PAGE 8 Report to Council meeting on 24 November 2014
4.0
PUBLIC QUESTION TIME
4.1
RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS File: 27122 D348148
Meeting held 24 November 2014 Reproduced below is the response dated 19 November 2014 to Mr Bob Vellacott‟s question: “In reply to your questions at Council‟s October meeting I am able to confirm the following answers: Question 1 What was the amount paid for the King Street properties purchased that were intended originally for the new Council Chambers and LINC/Library? Response The three properties Council has purchased in the King Street region and their respective purchase prices are as follows: 25 King Street $460,000 6-10 Steele Street $1,610,000 21-23 King Street $565,000 It should be noted that whilst locating the LINC and Council Chambers in this precinct was considered, it was not the primary reason for purchasing these properties. Rather Council secured these properties to consolidate a large parcel of prime CBD land on which to attract new business and professional service uses into the City. With these Council owned properties and one local private developer an attractive site of nearly 1 hectare is available for development. Question 2 Now that the plans have been changed to locate the Council Chambers and LINC to Rooke Street. What does Council now intend to do with the King Street properties? Response The strategic direction for the Southern CBD has not changed and the large development ready consolidated land parcel in King Street is considered a vital element in transforming Devonport into a prosperous regional City. Council are continuing to actively pursue new business opportunities for the site.
4.2
QUESTIONS ASKED AT THIS MEETING 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.
ITEM 4.1
PAGE 9 Report to Council meeting on 24 November 2014
2.
Public participation will be the first agenda item following the formal motions regarding Leave of Absence, Apologies, Minutes and Declarations of Interest.
3.
A maximum period of time of 30 minutes in total will be allowed for public participation.
4.
A maximum period of time of 3 minutes will be allowed for each individual.
5.
A member of the public may give written notice to the General Manager 7 days before an ordinary meeting of Council of a question to be asked at that meeting.
6.
A member of the public will be entitled to ask questions relating to the activities of Council, giving an explanation that is necessary to give background to the question and ask supplementary or follow up questions relating to that specific matter that may come to light as a result of the answer.
7.
Questions do not have to be lodged prior to the meeting, whether verbal or in writing. If a verbal response cannot be given or if specifically a written response is required, the question must be reduced to writing and be submitted to the Chairperson prior to the end of the public section of the meeting.
8.
A question by any member of the public and an answer to that question are not to be debated.
9.
The Chairperson may a.
Address questions on notice submitted by members of the public;
b.
Refuse to accept a question.
10.
If the Chairperson refuses to accept a question, the Chairperson is to give reason for doing so.
11.
Verbal questions and the fact that a verbal response was supplied will be recorded in the minutes and where a written question is submitted the writtn 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.
ITEM 4.1
PAGE 10 Report to Council meeting on 24 November 2014
5.0
CONFIRMATION OF MINUTES
5.1
COUNCIL MEETING - 20 OCTOBER 2014
RECOMMENDATION That the Minutes of the Council meeting held on 20 October 2014 as circulated be taken as read and confirmed.
ITEM 5.0
PAGE 11 Report to Council meeting on 24 November 2014
6.0
WORKSHOPS & BRIEFING SESSIONS
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
Description
Purpose
10/11/2014
Meeting Arrangements
Discussion around the meeting arrangements for Council following the recent election including the timing of meetings.
Section 23 Committees
Proposed changes to the operation of the Section 23 Committees following the election. Also informally discussed the appointment of Aldermen to Committees including the appointment of Chairmen.
Audio Recording Meetings
of The Local Government Meeting Procedures provides that a Council can determine whether or not to audio record its meetings. As a result of the election of a new Council this matter was discussed. A report will be prepared in due course for Council consideration. This report will also canvas issues around remote attendance at Council meetings.
Other Committees
Consideration of the appointment representatives to a number of Committees.
Aldermen‟s Policy
of
Expenses An updated Aldermen‟s Expenses Policy was provided for discussion purposes prior to it being formally considered by the Council.
Meeting Schedule for Proposed meeting dates for the Council and its December and various Section 23 Committees during January December and January.
12/11/2014
E-Newsletter
A draft of an E-Newsletter which has been developed was provided for discussion and feedback by Aldermen.
Cradle Coast Authority
Cradle Coast Authority has invited all of the regions councillors, aldermen and general managers to a networking event titled „Cradle Coast Regional Local Government Forum – Collaborate. Renew. Raise the Bar‟. An indication was sought of those Aldermen available to attend.
Aldermen Only
Team building. ITEM 6.1
PAGE 12 Report to Council meeting on 24 November 2014
RECOMMENDATION That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information be noted.
ITEM 6.1
PAGE 13 Report to Council meeting on 24 November 2014
7.0
PLANNING AUTHORITY MATTERS
The Mayor will now announce that Council intends to act as a Planning Authority under the Land Use Planning and Approvals Act 1993 (LUPAA) for the consideration of Agenda Item 7.1. Council is required by Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2005 to deal with items as a Planning Authority under the LUPAA 1993 in a sequential manner. The following item is to be dealt with at the meeting of Council in its capacity as a Planning Authority. 7.1
DISP2014.03 Dispensation to set aside the provisions of the General Residential zone to allow the site to be zoned Urban Mixed Use zone - 13 & 14-15 Victoria Parade and 5 Lower Madden Street, Devonport (D347705)
ITEM 7.1
PAGE 14 Report to Council meeting on 24 November 2014
7.1
DISP2014.03 DISPENSATION TO SET ASIDE THE PROVISIONS OF THE GENERAL RESIDENTIAL ZONE TO ALLOW THE SITE TO BE ZONED URBAN MISED USE ZONE - 13 & 14-15 VICTORIA PARADE AND 5 LOWER MADDEN STREET, DEVONPORT File: 29976 D347705
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 2.1.1
Apply and review the Devonport Planning Scheme as required to ensure that it delivers local community character and appropriate land use.
SUMMARY This report is to consider the merit of setting aside the provisions of the General Residential zone of the 2013 Devonport Interim Planning Scheme (DIPS) and adopting the provisions of the Urban Mixed Use zone on the subject properties.
BACKGROUND The site is known locally as the Elimatta Hotel. Originally the site was built and used as a guest house circa 1905 but has been in its current form for approximately 50 years. Numerous internal alterations and modifications have occurred during this time. Diagram 1 below outlines the extent of the land subject to this dispensation application.
Diagram 1 – Source DCC Dekho January 2013
STATUTORY REQUIREMENTS Before deciding to exhibit an application for dispensation Council must be satisfied that the amendment is consistent with Section 30S (2) of the Land Use Planning and Approvals Act 1993 (the Act). The applicant has provided commentary in this regard and nothing of ITEM 7.1
PAGE 15 Report to Council meeting on 24 November 2014
any consequence has been determined to require modification to supplement the application. It is recommended that Council in its role as a Planning Authority concur with the applicant‟s statements.
DISCUSSION The applicant has submitted a report on the issues in support of the dispensation and this is appended as Annexure 1. This report is presented in two parts. Firstly the details of the site and secondly how the application addresses the requirements of the Act. It is known that the Elimatta has been considering further development for several years but has been stymied by the previous Closed Residential zone of the 1984 Planning Scheme and is now in a similar situation with the General Residential zone of the DIPS. The applicant has included the definitions of „Visitor accommodation‟ and „Food services‟ in its report but these uses describe stand-alone activities. In this instance the use „Hotel industry‟ better describes what is occurring on the site and encompasses both visitor accommodation and food services. As standalone activities visitor accommodation and food services are both qualified permitted uses in the General Residential zone of the DIPS. That is, visitor accommodation is only permissible if it occurs in a building and does not provide guest accommodation for more than 16 people. The applicant‟s commentary that the site does not readily satisfy the purpose of the General Residential zone is not entirely accurate, viz. „The site is currently used for visitor accommodation and food services which are a discretionary use. However, these existing uses have been occurring on site prior to Devonport and Environs Planning Scheme 1984 and therefore the existing use rights apply‟. At a scale exceeding 16 people visitor accommodation is a prohibited use in the General Residential zone of the DIPS. Interestingly food services, which includes a restaurant, is a discretionary use in the zone. That aside it is important to confirm the dominant use occurring on the five titles subject to this application. In this regard the definition of hotel industry from the DIPS is reproduced below. „Hotel Industry – means use of land to sell liquor for consumption on or off the premises. If the land is so used, the use may include accommodation, food for consumption on the premises, entertainment, dancing, amusement machines and gambling. Examples include a hotel, bar, bottle shop, nightclub and tavern‟ It is suggested for the purposes of the Section 30T report to acknowledge and confirm that „Hotel industry‟ is the defined use that best describes the dominant activities occurring on the site which includes the accommodation and restaurant as ancillary activities. Current Zoning The General Residential zone although more ‟general‟ in nature than the previous Closed Residential zone does not provide the flexibility to allow further development of the hotel to occur.
ITEM 7.1
PAGE 16 Report to Council meeting on 24 November 2014
The Table of Uses from the Urban Mixed Use zone is reproduced below.
ITEM 7.1
PAGE 17 Report to Council meeting on 24 November 2014
ITEM 7.1
PAGE 18 Report to Council meeting on 24 November 2014
Strategic Implications In general terms the Urban Mixed Use zone allows for many of the same uses that are permissible in the Central Business zone. Although the Elimatta is historically a well established use, Council needs to be mindful of what other uses might be possible on the site to either co- exist or replace the hotel industry if it ceased operating. Although the list of permissible uses is quite comprehensive it might be difficult in general terms to satisfy the discretionary permit use standards and be consistent with the local area objectives and desired future character statements for the zone. The Local Area Objectives are framed with the intention of providing integration of residential, retail, community services and commercial activities in urban locations. For information purposes there are two areas on the periphery of the central business area that are zoned Urban Mixed Use. One area is that section of Devonport generally located south of Steele Street and includes parts of Macfie Street, Wenvoe Street and Formby Road. The second area is situated on the northern side of Oldaker Street between Victoria Parade and Curr Street and includes the entire block also bounded by North Fenton Street and Parker Street. ITEM 7.1
PAGE 19 Report to Council meeting on 24 November 2014
Diagram 2 below outlines in red the second of the mentioned Urban Mixed Use zone areas in relation to the subject site outlined in green.
Diagram 2 – Photo DCC Dekho January 2013
In consideration of this dispensation application the broader established community activities and facilities were also taken into account. This section of Victoria Parade also supports a boat ramp and associated river traffic, a shared pathway and passive recreation areas along the river edge that are also used for regular community and cultural events. The assessment of this application has also considered the likelihood that it may cause further fragmentation of the central business district. This is because the permissable uses in the Urban Mixed Use zone are quite comprehensive and similar to those in the Central Business zone and include general retail and office development. A recent amendment to the Act does increase the number of options available and the following are submitted for consideration. Option 1 Resolve to set aside the provisions of the General Residential zone as submitted for the subject properties and adopt the complete Urban Mixed Use zone standards in their place. While allowing for the Hotel industry to develop it doesnâ€&#x;t discount other permissable and perhaps inappropriate albeit permitted uses from potentially developing. This outcome is not recommended. Option 2 Resolve to set aside the provisions of the General Residential zone as submitted for the subject properties and adopt the Urban Mixed Use zone standards in their place with the proviso that uses such as general retail and hire, business and professional services, food services, service industry for example are excluded. This would require a Specific Area Plan to be included into the Interim Planning Scheme. This introduces a further layer to the
ITEM 7.1
PAGE 20 Report to Council meeting on 24 November 2014
DIPS. This option would only be recommended if all other likely outcomes were exhausted. Option 3 Consider an alternative zone. (Other zones have been examined and only the Local Business zone has a zone purpose that reflects the existing use.) Hotel industry is a qualified permitted use in this zone as long as there are no drive through sales. This zone has some merit and can satisfy the Desired Future Character Statements of the zone. This zone is not discounted. Option 4 Recommend that the Commission grant a conditional dispensation under Section 30W(6) of the Act. This allows the Commission to grant a dispensation on the basis that the dispensation is conditional which in effect could limit the site to being used only for specified uses. This provides some certainty for example by only allowing a „Hotel industry‟ and its ancillary activities being granted dispensation in the Urban Mixed Use zone. As a consequence it also disallows other uses on this particular site and ensures that the development rights of the owner are possible. This is the recommended option if Council decides to exhibit the application under Section 30S (1)(b) of the Act. Option 5 Reject the application under Section 30S (1)(a) of the Act.
FINANCIAL IMPLICATIONS There are no financial implications associated with this report.
CONCLUSION The application has been examined and after considering the various options it is recommended that the dispensation be conditioned accordingly to only allow the defined use of Hotel industry to be developed.
ATTACHMENTS 1.
Applicants submission - Application - DISP2014.03
RECOMMENDATION That Council:
agree to exhibit DISP2014.03 which in effect sets aside the General Residential zone standards on the properties known as 13 & 14-15 Victoria Parade and 5 Lower Madden Street, Devonport and replaces them with the Urban Mixed Use zone standards on the condition that only the defined use of Hotel Industry be permissible.
place DISP2014.03 on public exhibition for a 3 week period in accordance with Section 30U (3) of the Land Use Planning and Approvals Act, 1993.
Author: Position:
Shane Warren Planning & Environmental Health Coordinator
Endorsed By: Matthew Atkins Position Deputy General Manager
ITEM 7.1
PAGE 21 Applicants submission - Application - DISP2014.03
ATTACHMENT [1]
ITEM 7.1
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ITEM 7.1
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PAGE 49 Applicants submission - Application - DISP2014.03
ATTACHMENT [1]
ITEM 7.1
PAGE 50 Report to Council meeting on 24 November 2014
8.0
NOTICES OF MOTION
8.1
FREE PARKING - COUNCIL CAR PARKS - ALD J F MATTHEWS File: 21086 D347744
In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Ald J F Matthews.
MOTION “That the Devonport City Council provide free car parking in all of its off street car parks between the hours of 10.00am - 3.00pm, on the following days:
Thursday, 11 December,
Friday 12 December,
Tuesday 16 December, and
Wednesday 17 December 2014.”
ALDERMAN’S COMMENTS Support to the Devonport retailers prior to normal Christmas rush. Attract shoppers from surrounding municipalities to shop in Devonport. Boost to retail trade. OFFICER’S COMMENTS Free parking in Council car parks on the dates above may generate additional activity in the CBD and would likely be well received by the community and retailers. The option would however negatively impact Council financially and should be considered in context with a number of other initiatives being undertaken throughout December to attract retail trade and shoppers to the CBD. For the equivalent days in 2013, Council averaged parking collections from the off-street car parks of approximately $5,000 per day. In addition approximately 35 parking infringements were issued each day during the hours of 10:00am to 3:00pm. Furthermore, the disjointed paid parking times will result in the under-utilisation of parking staff resources with other duties needing to be identified. Recommencing patrols after 3:00pm may be difficult to justify and apply with consistency. Whilst parking revenue is currently ahead of budget, it is not yet known the impact the opening of the Best Street Pay As You Leave car park early in the New Year will have on parking revenue overall. Council has developed a range of promotional initiatives in the CBD leading up until Christmas to generate additional activity. These include:
Friday December 5 – Already a free parking day. Friday December 5 – Christmas Parade and market day promoting on street trading by retailers. Friday December 5 – launch of Wi-fi ITEM 8.1
PAGE 51 Report to Council meeting on 24 November 2014
Saturday December 6 – Mall activity – artist decorating base of Christmas tree / music performances Saturday December 13 – Mall activity – Devonport Brass band Saturday December 20 – Mall activity – face painters , music , jumping castle Christmas busking program – running from December 6 – 20 in conjunction with the DCCI
Currently, Council provides free parking in Council off-street car parks on the following days each year, in accordance with resolution 6/11 determined in January 2011:
Devonport Cup (half day) Easter Thursday Jazz Festival (Thursday & Friday) Burnie Show Day (Friday) Launceston Cup Devonport Christmas Parade
Free parking days is to be the subject of a separate report to the December Council meeting.
ITEM 8.1
PAGE 52 Report to Council meeting on 24 November 2014
9.0
MAYORAL REPORT
9.1
MAYOR'S MONTHLY REPORT File: 22947 D347540
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.3.2
Provide appropriate support to elected members to enable them to discharge their functions
SUMMARY This report details meetings and functions attended by the Mayor.
BACKGROUND This report is provided by the Mayor to provide a list of meetings and functions attended by him for the month of October 2014.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION In his capacity as Mayor, Alderman Steve Martin attended the following meetings and functions during the month of October 2014:
Devonport Football Club Advocate interview Devonport Regional Gallery exhibition opening Devonport Little Athletics Devonport Orchid Society annual exhibition Devonport City Soccer Club Annual Dinner Spring at the Arboretum Resident meetings Infrastructure and Works Committee Cradle Coast Mayor meeting – Wynyard Candidates Forum Learning Communities Community Luncheon – Ken Overton Seniors Week Bridge Club Roaring Twenties Music Afternoon Karingal Open Day Embroidery Demonstration – Linc Intergenerational music Chat n Chews Old Time Dance Bass Highway historic film Historic film Car Racing Longford & around State “Remember When” Dinner ITEM 9.1
PAGE 53 Report to Council meeting on 24 November 2014
Council Annual General Meeting – East Devonport Devonport Chaplaincy Devonport & Surrounds Tourism Assoc. Building Families Committee Meeting – Mersey Ferry Australian Masters Games Committee Reece High School – Zombie Production Opening Sister City Assoc. – Year of the Horse Devonport Strikers Fundraiser Devonport RSL Annual Dinner Brett Whiteley MP Devonport Playhouse – Children‟s Week Jeremy Rockliff – Bowls Clubs Council Ordinary Meeting Maidstone Park Controlling Authority Don College – John Thompson Youth, Family & Community Connections AGM - Ulverstone Devonport Senior Citizens Club Community Safety Liaison Committee Valedictory function 26TEN Launch – Lifting Adult Literacy Levels in Tasmania Secondary School Basketball Tournament Squash Australia Tasmanian Tournament North West Business & Industry Awards for Excellence Planning Authority Committee Chongming Delegation Welcoming Chongming Delegation Dinner Whirlpool Challenge – Guest Judge Devonport Business Coterie Breakfast ABC Radio interview 7AD Radio interview Minister Vanessa Goodwin – Living City - Hobart WIN TV interview Terry White Pharmacy GC Services Annual Spud-a-thon Devonport Senior Citizen Club 50th Anniversary East Devonport Primary School Fair
ATTACHMENTS Nil
RECOMMENDATION That the Mayor‟s monthly report be received and noted.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 9.1
Paul West General Manager
PAGE 54 Report to Council meeting on 24 November 2014
10.0
GENERAL MANAGER'S REPORTS
10.1
GENERAL MANAGER'S REPORT - NOVEMBER 2014 File: 29092 D342849
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 15 October to 19 November 2014. 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.
2.
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.
Participated at the Declaration of the Poll event as a result of the recent Council election. At this event each of the elected Aldermen publicly took their oath of office.
1.4.
Met with the new Aldermen to commence an induction process with them.
1.5.
Met with the Auditor-General. The Auditor–General makes regular contact to discuss matters relating to changes in accounting standards, financial and management reporting. In particular he was interested in Council‟s views relating to the implementation of the Ministerial Orders relating to financial reporting, audit panels and ratio disclosures.
LIVING CITY 2.1.
Met with Matthew Verney in his role as Law Society President to discuss the recent publicity on the potential rationalisation of Court facilities on the North West Coast. The Law Society shares Council‟s view that any rationalisation that would potentially result in the removal of all Magistrate Court activities from ITEM 10.1
PAGE 55 Report to Council meeting on 24 November 2014
Devonport would be extremely short sighted and a backward step. Some of the key points identified include:
Significantly greater proportion of population in the North West is centred around Devonport and the eastern end of the Coast.
Devonport Court currently services the area between Deloraine and Penguin.
Lists at the Devonport Magistrates Court are significantly longer than those at Burnie. Cases in Devonport are approximately 2/3 compared to 1/3 at Burnie.
North West prosecution services are centralised in Devonport as part of the new Police Station in Wenvoe Street.
Limited public transport options are available on the Coast to allow easy access to a centralised Court facility.
Inefficiencies and additional costs related to extra travel for clients, judges, witnesses, lawyers, jurors, etc.
Public needs to be able to see justice being done and having a Court in the third largest population centre is paramount.
2.2.
The Mayor and Deputy General Manager met with the Attorney General on 29 October to outline Council‟s concerns and to make it clear that if the State Government is serious about rationalising the Court facilities and services in the North West there is limited evidence to justify their decision based on Council‟s LIVING CITY plans.
2.3.
Met with the consultants appointed by Council to assist it in progressing the LIVING CITY project to discuss the current status of the various components. Arrangements will be made for Aldermen to be fully briefed by the consultants in the near future. This briefing will lead to Council being formally asked to confirm a number of governance and strategic issues to move the project forward.
2.4.
Commonwealth Funding – Council is preparing an application for grant funding from the Australian Government‟s recently announced $1 billion National Stronger Regions Fund. This fund is being provided by the Government to assist in boosting social and economic development in Australia‟s regions through infrastructure development. The application currently being prepared focuses on securing a contribution towards the Conference Centre, Food Market infrastructure and Car Park as contained within the LIVING CITY Master Plan.
2.5.
With the Mayor met with Jeremy Rockliff MP to discuss matters surrounding the future of the Devonport Magistrate‟s Court as outlined in the media. The Deputy Premier was encouraged to assist Council in gaining greater traction within the State Government bureaucracy to advance LIVING CITY. It was agreed that a Memorandum of Understanding would be developed jointly by Council and the State Government to formalise commitments in relation to LIVING CITY.
2.6.
With the Mayor attended a function at Anvers Chocolate at which the Member for Braddon, Brett Whiteley introduced the Federal Minister for Small Business, Bruce Bilson. This was an opportunity for the Mayor to briefly update the Minister on LIVING CITY. ITEM 10.1
PAGE 56 Report to Council meeting on 24 November 2014
3.
4.
5.
COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.
Met with a resident interested in pursuing a greater involvement in the provision of tourist information to passengers disembarking from the Spirits of Tasmania.
3.2.
Met with one of the candidates from the Council election to be informed of the issues that had been raised with him during his door knocking and community engagement as part of his campaign.
3.3.
Attended with a number of staff the local 7AD Radio station to be informed of how the station operated and to meet key staff.
3.4.
Federal Minister Malcolm Turnbull MP visited Devonport at the request of local member Brett Whiteley to discuss the NBN rollout. Mr Turnbull addressed approximately seventy people at the Devonport Entertainment and Convention Centre and outlined that a number of changes have been implemented to the rollout which now includes a mix of technologies. The Minister was not able to confirm when the NBN would be rolled out in Devonport but did indicate there are pending announcements for the next stage in the near future and a broader three year plan during next year.
3.5.
With the Mayor met with representatives of the Mersey-Leven Sub Branch of the Vietnam Veterans Association of Australia. The Sub-Branch is keen to revisit the further development of the Vietnam memorial on the Devonport foreshore.
NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.
Attended a meeting of the Cradle Coast General Managers Group. The main topic of discussion was around the State Governmentâ€&#x;s push for greater regional cooperation and resource sharing. Other matters discussed included the arrangements that each council proposed in relation to the induction of new councils and proposed shutdowns over the Christmas/New Year period.
4.2.
Attended the General Meeting of TasWater in Launceston. The purpose of this meeting was to receive the Financial Report for the year ended 30 June 2014. Verbal reports were also provided to the meeting by the Chairman of the Board and the Chief Executive Officer. An item to note is a pending review of the Shareholdersâ€&#x; Letter of Expectation (SLE). All Councils will be formally requested to provide advice on any matters they believe should be reviewed under the SLE prior to the next scheduled Owners Representatives meeting in May 2015.
4.3.
Met with the CEO of the Cradle Coast Authority. Arrangements are being made for the Chairman of the Board and the CEO to meet with Council early in the New Year.
4.4.
Attended the Annual General Meeting and General Meeting of the Dulverton Regional Waste Management Authority.
4.5.
With the Mayor attended a General Meeting of the Local Government Association of Tasmania (LGAT).
STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.
Met with Hans van Pelt, Director Aviation Access and Development with the Tasmanian Government to discuss a request for him to provide a briefing to Aldermen on the proposal to attract a low cost airline service to Devonport. Arrangements have been made for Mr van Pelt to attend a Workshop with Aldermen on Monday 8 December. ITEM 10.1
PAGE 57 Report to Council meeting on 24 November 2014 5.2.
6.
With the Mayor met with local Braddon Member Joan Rylah MP. Topics discussed included the Council‟s decision to lobby for a budget airline for Devonport, an update on LIVING CITY and the Australian Masters Game.
OTHER 6.1.
Council hosted a delegation from Chongming Province in China under the umbrella of the Sister Cities program. Devonport was included on the itinerary of the Group seeking options for the establishment of a Sister City relation in Australia. Whilst in Devonport the delegation met with Council and community leaders at a luncheon hosted by Council and visited age care facilities to gain an appreciation of how these facilities operate in Australia.
6.2.
During October, Council has been actively involved in WorkSafe Month activities. The activities at Council have reflected on promoting and emphasising the benefits of working together and watching out for each other from a health and safety perspective. For the first time this year WorkSafe Tasmania held events in Devonport over a full week. This not only allowed Council staff to participate in these events but also opened up opportunities for other workplaces to be involved. The feedback from the activities organised for Devonport has been extremely positive.
6.3.
At its meeting on 16 June 2014 Council resolved to authorise the General Manager to serve a Show Cause Notice on the owners of the property at 2 Kempling Street, Devonport under the provisions of dilapidated building provisions of the Building Act 2000. The Building Act 2000 had been amended in late 2013 to provide powers for the General Manager, after receiving a report from an expert about the state of a building, to require an owner to carry out any works which might be required to return the building to an acceptable state so as to preserve the amenity of an area. In this particular case the expert report confirmed that the building was not only unsightly but was structurally unsound, and the Show Cause Notice therefore required that the building be demolished and the land repatriated to an acceptable state. The property owners in this particular case have been cooperative and the requirements of the Show Cause Notice have now been satisfied.
Before 6.4.
After
At the recent WorkSafe Awards event in Hobart Council received a “Highly Commended Award” as a finalist in the “Commitment to a Workplace Health ITEM 10.1
PAGE 58 Report to Council meeting on 24 November 2014
and Wellbeing Program”. Council‟s Health and Well-Being programs apply to activities and initiatives undertaken within the workplace that are designed to impact positively on the general health and well-being of employees and their families. The main focus of the program is: Work Health and Safety – reducing work related injury, illness and disability by addressing environmental and operational issues in the workplace. Lifestyle Practices – reducing the risk of worker illness by focussing individual worker lifestyle behaviours through education, having a supportive environment, open consultation of workplace practices and safety mindfulness as the first thought. Organisational Behaviour (Values and beliefs – culture) – improving job satisfaction, productivity and overall employee self-worth by changing workers attitudes and perception, management practices and the way work is organised, encouraging positive interactions with fellow workers. Council has received a letter from the Minister for Local Government, Peter Gutwein MP congratulating Council on is success in the WorkSafe Tasmania Awards. 6.5.
As a result of a recent Council decision the Victoria Parade public toilets have now been permanently closed. Signage has been installed advising of the closure.
COMMUNITY ENGAGEMENT The information included above details any issues relating to community engagement.
FINANCIAL IMPLICATIONS Any financial or budgetary implications related to matters discussed in this report will be separately reported to Council. There is not expected to be any impact on the Councils‟ operating budget as a result of this recommendation.
RISK IMPLICATIONS Any specific risk implications will be outlined in the commentary above. Any specific issue that may result is any form of risk to Council is likely to be subject of a separate report to Council.
ITEM 10.1
PAGE 59 Report to Council meeting on 24 November 2014
CONCLUSION This report is provided for information purposes only and to allow Council to be updated on matters of interest.
ATTACHMENTS 1.
Action Report on Council Resolutions - November 2014
RECOMMENDATION That the report of the General Manager be received and noted.
Author: Position:
Paul West General Manager
ITEM 10.1
PAGE 60 Action Report on Council Resolutions - November 2014
ATTACHMENT [1]
ITEM 10.1
PAGE 61 Action Report on Council Resolutions - November 2014
ATTACHMENT [1]
ITEM 10.1
PAGE 62 Action Report on Council Resolutions - November 2014
ATTACHMENT [1]
ITEM 10.1
PAGE 63 Action Report on Council Resolutions - November 2014
ATTACHMENT [1]
ITEM 10.1
PAGE 64 Action Report on Council Resolutions - November 2014
ATTACHMENT [1]
ITEM 10.1
PAGE 65 Action Report on Council Resolutions - November 2014
ATTACHMENT [1]
ITEM 10.1
PAGE 66 Report to Council meeting on 24 November 2014
10.2
MEETING ARRANGEMENTS File: 29286 D343833
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.2.3
Encourage community action and participation that results in increased well-being and engagement
SUMMARY This report has been prepared to assist Council in determining the timing of ordinary meetings for the newly elected Council.
BACKGROUND Council‟s has recently introduced a Section 23 Committee structure to assist it in its decision making. The Section 23 Committees allows a significant amount of Council‟s business being the subject of discussion/review at the Committee level prior to being considered by the full Council. In the majority of cases the Council will confirm the decisions of the Committees however, on occasion an item will be „pulled‟ for further debate.
STATUTORY REQUIREMENTS The Local Government (Meeting Procedure) Regulations 2005 states: 6.
Times of meetings (1)
A meeting is not to start before 5:00pm unless otherwise determined by the council by absolute majority or by the council committee by simple majority.
(2)
After each ordinary election, a council and a council committee are to review the times of commencement of meetings.
DISCUSSION The Council may determine the most appropriate timing for ordinary meetings. The only provision included within the Regulations is that an ordinary meeting is to be conducted at least once per month. All meetings are to commence after 5:00pm unless determined otherwise by the Council by absolute majority. In recent times the ordinary meetings of Council have commenced at 6:00 pm with the Closed Session (confidential items) considered prior to a meal break at approximately 6:30pm, prior to the Open Session (public attendance) commencing at 7:15pm. Meetings have traditionally been held on a Monday night unless there was a public holiday in which case the next available working day was substituted. Council has traditionally provided a meal for all Aldermen and staff attending the formal monthly ordinary Council meeting. In addition a meal was also provided for the Workshop sessions conducted. No meals were provided to Section 23 Committee meetings. Following a recent discussion with Aldermen it has been determined that the following will apply to meetings moving forward:
ITEM 10.2
PAGE 67 Report to Council meeting on 24 November 2014
Meeting Type
Day / Week of the Month
Commencement Time
Ordinary Council
Monday 4th week
6:30pm
Workshop
Monday 1st week
6:00pm
Infrastructure and Works Committee
Monday 2nd week (bi-monthly)
6:00pm
Governance & Finance Committee
Monday 3rd week (bi-monthly)
6:00pm
Community Services
Monday 3rd week (bi-monthly)
6:00pm
Planning Authority Committee
Monday (when required)
11:00am
In relation to the arrangements for the Ordinary Meetings, Council will maintain the schedule of generally meeting on the 4th Monday of each month unless otherwise determined (ie public holidays). Meetings will commence at 6:30pm with the Open Session. A meal will be provided to Aldermen and staff attending the meetings at 6:00pm. Section 23 Committee meetings will continue to commence at 6:00pm with no meal being provided.
COMMUNITY ENGAGEMENT Council through its public meetings are essentially engaging with the community insofar as notification requirements and the ability for anyone interested to attend. Public advertisements of meetings will be undertaken in accordance with the legislative requirements.
FINANCIAL IMPLICATIONS The conduct of all Council meetings has costs associated with them which have been appropriately budgeted for in the 2014/15 financial year.
RISK IMPLICATIONS No risks have been identified in relation to the content of this report.
CONCLUSION The determination of the timing of meetings is a formality which is required to be reviewed by Council and all standing committees following the conduct of each ordinary election. The recommendation provided accords with the general consensus reached by Aldermen at a recent Workshop session.
ATTACHMENTS Nil
RECOMMENDATION That the report of the General Manager in relation to the meeting arrangements of the Council be received and noted and that Council determines:
ITEM 10.2
PAGE 68 Report to Council meeting on 24 November 2014
(a)
ordinary meetings of Council will usually be held on the fourth Monday of each month;
(b)
the commencement time of ordinary meetings will be 6:30pm.
(c)
that a meal be available for Aldermen and staff attending the meeting at 6:00pm prior to the commencement of the meeting at 6:30pm.
(d)
Council authorises the General Manager in consultation with the Mayor to alter the Ordinary meeting night/time or to convene Special Meetings from time to time when considered necessary.
(e)
all Section 23 Committee meetings are to commence at 6:00pm unless otherwise determined.
Author: Position:
Paul West General Manager
ITEM 10.2
PAGE 69 Report to Council meeting on 24 November 2014
10.3
PLANNING AUTHORITY COMMITTEE MEETING - 22 SEPTEMBER 2014 AND 27 OCTOBER 2014 File: 29133 D346008
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 of the Planning Authority Committee meetings held on Monday, 22 September and 27 October 2014.
ATTACHMENTS 1.
Minutes - PAC - 22 September 2014
2.
Minutes - PAC - 27 October 2014
RECOMMENDATION That the minutes of the Planning Authority Committee held on Monday, 22 September and 27 October 2014 be received and noted. PAC 17/14
Planning Applications Approved Under Delegated Authority 16 August 2014 12 September 2014
PAC 18/14
PA2014.0112 - Business & Professional Services (Office Extension) - 167 Steele Street, Devonport (D341480) (Approved under delegation)
PAC 19/14
Planning Applications Approved Under Delegated Authority 13 September 2014 - 20 October 2014
PAC 20/14
PA2014.0130 - Subdivision - Reconfiguration of Boundaries, No Additional Lot 94 Winspears Road, East Devonport (D345220)
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 10.3
Paul West General Manager
PAGE 70 Minutes - PAC - 22 September 2014
ATTACHMENT [1]
ITEM 10.3
PAGE 71 Minutes - PAC - 22 September 2014
ATTACHMENT [1]
ITEM 10.3
PAGE 72 Minutes - PAC - 27 October 2014
ATTACHMENT [2]
ITEM 10.3
PAGE 73 Minutes - PAC - 27 October 2014
ATTACHMENT [2]
ITEM 10.3
PAGE 74 Minutes - PAC - 27 October 2014
ATTACHMENT [2]
ITEM 10.3
PAGE 75 Report to Council meeting on 24 November 2014
10.4
COUNCILLOR ALLOWANCES File: 26572 D345138
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 Council has received advice from the Local Government Division that the Councillor (Aldermen) Allowances have recently been indexed in accordance with legislative requirements.
BACKGROUND Aldermen allowances are required to be paid by Council in accordance with the schedule included in the Local Government Act 1993.
STATUTORY REQUIREMENTS The Local Government Act 1993 at Section 340 (2A) entitles Aldermen to allowances as prescribed in the Regulations. Mayors and Deputy Mayors are entitled to allowances in addition to those payable to them as Aldermen. Regulation 42(2) of the Local Government (General) Regulations 2005 (the Regulations) specifies the allowances payable to Aldermen following the last review in 2008. Regulation 42(2) establishes an indexation process so that allowances are adjusted from 1 November each year by the inflationary factor for the current year.
DISCUSSION The Premier‟s Local Government Council agreed in August 2014 that a full review of councillor allowances would not occur in 2014 and that the current arrangements should continue with indexation being applied. Council is required under the Regulations to pay the annual allowance to Aldermen in monthly or fortnightly instalments. Council has traditionally paid its allowances on a fortnightly basis. Section 340A(3) of the Act enables a councillor, mayor or deputy mayor to decide not to receive part or all of an allowance. This is entirely the prerogative of the individual Alderman. As allowances are annual allowances payable in arrears, any such notification is not revokable retrospectively. The increments to be applied to the allowances for Devonport Aldermen from 1 November 2014 are as follows: New Allowance 1 November 2014 Previous Allowance 1 November 2013 Increment
Alderman $20,338
Mayor $50,846
Deputy Mayor $15,896
$19,881
$49,703
$15,539
$
$ 1,143
$
457
357
In circulating the information the Director of Local Government included the following comments:
ITEM 10.4
PAGE 76 Report to Council meeting on 24 November 2014
I note that it is up to individual councillors to decide whether or not to implement a „freeze‟ on councillor allowances by foregoing this year‟s 2.3 per cent wage increase under section 340A(3) of the Local Government Act 1993. If an Alderman wishes to forgo part of their allowance they are required to notify the General Manager in writing.
COMMUNITY ENGAGEMENT There has been no community engagement undertaken in relation to this matter. Council as part of its Annual Report details the allowances paid to Aldermen. Regular reporting is also included in the Governance and Finance agenda.
FINANCIAL IMPLICATIONS The allowances payable to Aldermen has been included in the 2014/15 budget. The budget provided both for the reduction in the number of Aldermen from twelve to nine and a small allowance for indexation. Over all the impact of the indexation on the allowances payable from 1 November is $5,613 per annum.
RISK IMPLICATIONS No risks have been identified in relation to this issue. The indexation of allowances are required in accordance with legislative requirements.
CONCLUSION Council has been advised of indexation to be applied to allowances from 1 November 2014. Council is obliged to pay Aldermen the prescribed allowances unless an individual directs the General Manager in writing to do otherwise.
ATTACHMENTS Nil
RECOMMENDATION That the report of the General Manager in relation to the indexation of Councillor (Alderman) Allowances be received and noted.
Author: Position:
Paul West General Manager
ITEM 10.4
PAGE 77 Report to Council meeting on 24 November 2014
10.5
PAYMENT OF ALDERMEN'S ALLOWANCES, PROVISION OF FACILITIES POLICY
EXPENSES
AND
File: 20877 D345526
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.3.2
Provide appropriate support to elected members to enable them to discharge their functions
SUMMARY This report has been prepared to assist Council in formally reviewing its policy and procedures which apply to the payment of allowances, expenses and provision of services to Aldermen.
BACKGROUND Council is required to determine a policy position in relation to the payment of allowances and the provision of facilities to Aldermen to assist them in carrying out their civic responsibilities. Schedule 5 of the Local Government Act 1993 expressly requires Council to adopt a policy in respect of payment of expenses incurred by Aldermen in carrying out their duties of office. The policy adopted is to be made available for public inspection.
STATUTORY REQUIREMENTS The Local Government (General) Regulations 2005 provides: 43.
Expenses for councillors A councillor is entitled to be reimbursed for reasonable expenses in accordance with the policy adopted under Schedule 5 to the Act in relation to – (a)
telephone rental and telephone calls; and
(b)
travelling; and
(c)
care of any child of the councillor.
In relation to the reimbursement of expenses, Schedule 5 of the Local Government Act 1993 provides as follows: 1.
Expenses (1)
(2)
2.
A council, on or before 1 January 2006, is to – (a)
adopt a policy in respect of payment of expenses incurred by councillors in carrying out the duties of office; and
(b)
make a copy of the policy available for public inspection.
A councillor is entitled to be reimbursed for reasonable expenses in accordance with the policy adopted under subclause (1) in relation to– (a)
any prescribed expenses; and
(b)
any other expenses the council determines appropriate.
Loan of services, facilities and equipment ITEM 10.5
PAGE 78 Report to Council meeting on 24 November 2014
A council may decide to provide support services, facilities and equipment on loan to a councillor on any conditions it considers appropriate.
DISCUSSION Council is required under legislation to adopt a policy in relation to the payment of expenses incurred by Aldermen in carrying out their duties of office. An Alderman is entitled to be reimbursed for reasonable expenses in accordance with the policy adopted. Further, Council may decide to provide support services, facilities and equipment on loan to an Alderman on any conditions it considers appropriate. The updated policy provides recommendations for the new four year term of the Council in relation to the payment of allowances, reimbursements for expenses and the provision of support services, facilities and equipment. The main alterations to the policy include:
the payment of mileage claims and the proposal to link the rate to the Australian Taxation Office schedule for an ordinary car 1601cc-2600cc (currently 76 cents per kilometre).
support for attendance at interstate conferences - rather than it be policy that up to five Aldermen can attend the LGMA National Congress each year in future this conference will be treated the same as any other interstate travel and require a resolution by Council.
COMMUNITY ENGAGEMENT Council is required under legislation to adopt a policy in respect of payment of expenses incurred by Aldermen in carrying out the duties of office. This policy is to be made available for public inspection. As part of its reporting framework Council will be provided with a report at its bi-monthly Governance and Finance Committee meetings which outlines the amount of allowances paid, expenses reimbursed, iPad costs, conference/professional development attendance, etc. This information provided in tabular format for each individual Alderman is also included in Council‟s Annual Report.
FINANCIAL IMPLICATIONS The 2014/15 budget contains the following provisions in relation to Aldermanic payments: Alderman Allowances
$266,036
General Expenses (incl. conferences)
$ 14,700
Internet Services (iPads)
$
5,000
Travel / Accommodation / Airfares
$
8,500
Plant & Vehicle Costs (Mayors Vehicle)
$ 12,100
RISK IMPLICATIONS Council is required to have a policy in relation to the reimbursement of expenses and the provision of support services, facilities and equipment on loan to a councillor. The proposed policy ensures that Council meets its statutory obligations.
CONCLUSION The provision of support services and reimbursement of expenses as outlined within this report and the attached policy is appropriate and meets with statutory requirements. ITEM 10.5
PAGE 79 Report to Council meeting on 24 November 2014
ATTACHMENTS 1.
Policy - Payment of Aldermen's Allowances, Expenses and Provision of Facilities
RECOMMENDATION That the report of the General Manger be received and that Council formally adopts the „Payment of Aldermen‟s Allowances, Expenses and Provision of Facilities Policy‟ with immediate effect.
Author: Position:
Paul West General Manager
ITEM 10.5
PAGE 80 Policy - Payment of Aldermen's Allowances, Expenses and Provision of Facilities
ITEM 10.5
ATTACHMENT [1]
PAGE 81 Policy - Payment of Aldermen's Allowances, Expenses and Provision of Facilities
ITEM 10.5
ATTACHMENT [1]
PAGE 82 Policy - Payment of Aldermen's Allowances, Expenses and Provision of Facilities
ITEM 10.5
ATTACHMENT [1]
PAGE 83 Policy - Payment of Aldermen's Allowances, Expenses and Provision of Facilities
ITEM 10.5
ATTACHMENT [1]
PAGE 84 Policy - Payment of Aldermen's Allowances, Expenses and Provision of Facilities
ITEM 10.5
ATTACHMENT [1]
PAGE 85 Report to Council meeting on 24 November 2014
10.6
SECTION 23 COMMITTEES - UPDATED POLICY DOCUMENT File: 30046 D345658
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 Council from 1 July 2014 has been operating a number of Section 23 Committees. These Committees are made up of Aldermen and are charged with making recommendations to the Council on specific operational matters which relate to a particular function of the Council. This report has been prepared to update the Section 23 Committee Policy based on the experiences to date prior to Council formally appointing Committee Members.
BACKGROUND Council had traditionally operated its decision making processes by conducting its ordinary meetings on a regular monthly basis. Council also held regular Workshop sessions between those ordinary monthly meetings. Council at its meeting on 14 April 2014 (Min 83/14 refers) determined that it would create a number of specific Section 23 Committees including: 1. 2. 3. 4.
Planning Authority Committee Infrastructure and Works Committee Governance and Finance Committee Community Services Committee
At this meeting Council also determined that a review of the Section 24 Committee was to be undertaken in the lead up to the October 2014 elections. Having now had the opportunity to review how the Committees have operated since July a number of minor changes are proposed to the Policy which will hopefully better align the functions of the Committees and how they operate.
STATUTORY REQUIREMENTS The Local Government Act 1993 provides: 23.
Council committees (1)
A council may establish, on such terms as it thinks fit, council committees to assist it in carrying out its functions under this or any other Act.
(2)
A council committee consists of councillors appointed by the council and any councillor who fills a vacancy for a meeting at the request of the council committee.
(3)
A meeting of a council committee is to be conducted in accordance with prescribed procedures.
Section 22(1) of the Act provides the legislative framework which allows a council to implement a committee structure. The Act states that a council “may delegate with or without conditions to the general manager, controlling authority, a council committee or a special committee, any of its functions or powers under this or any other Act”.
ITEM 10.6
PAGE 86 Report to Council meeting on 24 November 2014
DISCUSSION It appears that the introduction of the Section 23 Committee structure has been well received both by the Council and the community. The opportunity for a greater level of information to be provided through the Committee structure assists Council in informing the community of its activities and achievements. Having been operating on the Committee structure for four (4) months there are a number of minor improvements that are recommended to Council for consideration. The major changes proposed are to include the Development Services area responsibility into the expanded Infrastructure and Works Committee. This essentially then aligns the functions of this Committee to the management structure now operating within Council. It is also proposed that rather than the Infrastructure, Works and Development Committee meeting monthly that this Committee also becomes bi-monthly. Essentially this will allow an additional Monday night every second month to be available for Workshop purposes as required. In particular this will be handy in the earlier part of the calendar year, particularly when developing budgets and the annual plan. The below table is an updated outline of the functions proposed for each of the Section 23 Committees: Planning Authority Committee (5 Aldermen) Statutory Planning Authority responsibilities Development Applications Subdivision Approvals
Planning Scheme Amendments Legal matters related to Statutory Planning Planning Appeals
Infrastructure, Works and Development Committee (5 Aldermen) Infrastructure & Works Asset Management Program (forward planning and maintenance) Capital Works Roads, Footpaths and Cycleways Streetscape Design (incl. lighting, signs, furniture, vegetation) Stormwater Management Traffic Management Waste Management Sporting Grounds and Facilities Recreation Reserves (incl. playgrounds, parks and gardens) Public Buildings (incl. public halls, toilets) Tracks and Trails Marine Structures (incl. jetties, boat ramps) Recreation and open space planning
Development Services Statutory Planning Authority functions Fire Hazards Public Health Building Control Compliance and Enforcement Animal Control
Governance & Finance Committee (5 Aldermen)
Financial Reporting Strategic and Operational Plans Corporate Communication Human Resources Partnerships Risk Management and Insurances Information Technology Budget Management Economic Development Car Parking Property Management
Financial Strategy and Management - Revenue and Rating -
Grants
-
Loan Borrowing
-
Compliance
-
Related Policies
-
Financial Reporting
ITEM 10.6
PAGE 87 Report to Council meeting on 24 November 2014
Community Services Committee (5 Aldermen)
Community & Cultural Development Community Information & Engagement Social Inclusion Health and Wellbeing Arts, Culture & Events Tourism, Marketing and Visitor Services
Section 24 Special Committee Reporting Emergency Management & Community Safety Fire Management Natural Resource Management
COMMUNITY ENGAGEMENT The Section 23 Committee process strengthens community engagement through greater opportunity for residents to be part of, and observe the decision making of Council. The Committee agendas/meetings provide:
improved reporting on activities, statistics, key performance indicators (KPI‟s), etc opportunity for more debate on items less items being referred/ending up at Workshop‟s a reduced number of other Committee‟s currently operating with no public scrutiny improved accountability to the community (meetings are open to the public)
The Section 23 Committees agendas also provide an opportunity for members of the public to ask questions similar to ordinary Council meetings.
FINANCIAL IMPLICATIONS The Section 23 Committee structure does incur costs in relation to advertising. All meetings of the Committees are advertised in accordance with current statutory requirements. A number of meeting advertisements are consolidated to reduce the financial impact. No meals are provided at Committee meetings therefore Council does not incur any additional costs.
RISK IMPLICATIONS An expectation can be created that Council has determined a particular view on a matter at the Committee level only to have this over turned at the full Council. Apart from delegations specifically provided to the Committees formally by Council, the Section 23 Committee will only be able to provide advice and recommendations to the full Council. The full Council can determine to accept, reject or alter any recommendation provided to it by a Committee.
CONCLUSION It is recommended to Council that it continues to utilise the Section 23 Committee structure following the conduct of the 2014 elections.
ATTACHMENTS 1.
Council Committees Policy
RECOMMENDATION That the report of the General Manager relating to the updated Section 23 Committees Policy be received and that Council adopt the attached amended Policy with immediate effect. Author: Position:
Paul West General Manager
ITEM 10.6
PAGE 88 Council Committees Policy
ATTACHMENT [1]
ITEM 10.6
PAGE 89 Council Committees Policy
ATTACHMENT [1]
ITEM 10.6
PAGE 90 Council Committees Policy
ATTACHMENT [1]
ITEM 10.6
PAGE 91 Council Committees Policy
ATTACHMENT [1]
ITEM 10.6
PAGE 92 Report to Council meeting on 24 November 2014
10.7
SECTION 23 COMMITTEES - APPOINTMENT OF MEMBERS File: 30046 D346479
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 finalising the appointment of Aldermen to its various Section 23 Committees under the provisions of the Local Government Act 1993.
BACKGROUND Council recently introduced a Section 23 Committee structure to assist it in its decision making processes. A review of the policy which details the operation of the Committees has occurred and is the subject of a separate report on this agenda.
STATUTORY REQUIREMENTS The Local Government Act 1993 provides: 23.
Council committees (1)
A council may establish, on such terms as it thinks fit, council committees to assist it in carrying out its functions under this or any other Act.
(2)
A council committee consists of councillors appointed by the council and any councillor who fills a vacancy for a meeting at the request of the council committee.
(3)
A meeting of a council committee is to be conducted in accordance with prescribed procedures.
Section 22(1) of the Act provides the legislative framework which allows a council to implement a committee structure. The Act states that a council “may delegate with or without conditions to the general manager, controlling authority, a council committee or a special committee, any of its functions or powers under this or any other Act”.
DISCUSSION Council currently have the following Section 23 Committees: 1.
Planning Authority Committee
2.
Infrastructure, Works and Development Committee
3.
Governance and Finance Committee
4.
Community Services Committee
All Section 23 Committees will now meet bi-monthly – with meetings generally being conducted on a Monday, except the Planning Authority Committee which will meet on an as required basis only. Following the recent Council election all Aldermen were asked to nominate their preferences for appointment to Committees. At the Workshop on Monday 10 November the Aldermen informally considered the Section 23 Appointments and determined: ITEM 10.7
PAGE 93 Report to Council meeting on 24 November 2014
Planning Authority (PAC)
Governance & Finance
Infrastructure, Works & Development
(GFC)
Community Services (CSC)
(IWDC) 1
Ald Emmerton
Ald Emmerton
Ald Emmerton
Ald Jarman
2
Ald Goodwin
Ald Goodwin
Ald Goodwin
Ald Keay
3
Ald Martin
Ald Keay
Ald Jarman
Ald Laycock
4
Ald Matthews
Ald Perry
Ald Matthews
Ald Martin
5
Ald Perry
Ald Rockliff
Ald Perry
Ald Rockliff
The appointment of the Chairman for each of the Committees was also discussed and there was agreement that the following be confirmed:
Planning Authority Committee
Ald Martin
Governance & Finance
Ald Keay
Infrastructure, Works & Development
Ald Perry
Community Services
Ald Rockliff
All Section 23 Committees meetings will commence at 6:00 pm unless otherwise determined by the Committee or through consultation with the respective Committee Chairman.
COMMUNITY ENGAGEMENT Operating Section 23 Committees strengthen Council‟s community engagement through greater opportunity for residents to be part of, and observe the decision making of Council. The Committee agendas/meetings provide:
improved reporting on activities, statistics, key performance indicators (KPI‟s), etc
opportunity for more debate on items
less items being referred/ending up at Workshop‟s
improved accountability to the community (meetings are open to the public)
The Section 23 Committees agendas include an opportunity for members of the community to ask questions similar to the current process at ordinary Council meetings.
FINANCIAL IMPLICATIONS All meetings of the Committees will be advertised in accordance with current statutory requirements. A number of meeting advertisements will be consolidated to reduce any financial impact.
RISK IMPLICATIONS An expectation can be created that Council has determined a particular view on a matter at the Committee level only to have this overturned at the full Council. Apart from delegations specifically provided to the Committees formally by Council, the Section 23 Committee will only be able to provide advice and recommendations to the full Council.
ITEM 10.7
PAGE 94 Report to Council meeting on 24 November 2014
The full Council can determine to accept, reject or alter any recommendation provided to it by a Committee.
CONCLUSION This report formalises the appointment of Aldermen to each of the Committees, appoints the respective Chairs and determines the commencement time for the meetings.
ATTACHMENTS Nil
RECOMMENDATION That the report of the General Manager be received and Council in relation to its Section 23 Committees determine to: (a)
appoint the following Aldermen to the Committees: Planning Authority (PAC)
Governance & Finance (GFC)
Infrastructure, Works & Development
Community Services (CSC)
(IWDC)
(b)
Ald Emmerton
Ald Emmerton
Ald Emmerton
Ald Jarman
Ald Goodwin
Ald Goodwin
Ald Goodwin
Ald Keay
Ald Martin
Ald Keay
Ald Jarman
Ald Laycock
Ald Matthews
Ald Perry
Ald Matthews
Ald Martin
Ald Perry
Ald Rockliff
Ald Perry
Ald Rockliff
for each of the Committees appoint the following Chairmen: Planning Authority (PAC) Ald Martin
Governance & Finance
Infrastructure & Works
Community Services
(GFC)
(IWC)
(CSC)
Ald Keay
Ald Perry
Ald Rockliff
(c)
note that all Committee meetings will commence at 6:00pm unless otherwise determined through consultation with the respective Committee Chairman.
(d)
review Committee membership in December 2016.
Author: Position:
Paul West General Manager
ITEM 10.7
PAGE 95 Report to Council meeting on 24 November 2014
10.8
APPOINTMENT TO COMMITTEES, CONTROLLING AUTHORITIES AND PANELS File: 26932 D346062
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.3.4
Ensure effective committees
administration
and
operation
of
Council‟s
SUMMARY This report is provided to assist Council in determining appointment of Alderman to statutory committees, external bodies and controlling and joint authorities.
BACKGROUND Following a Council election, all previous positions held by Aldermen on Council Committees, Controlling Authorities, Single and Joint Authorities and Council Working Parties are deemed vacant. Therefore, the first meeting after an election, new appointments are usually made to fill these vacancies. Special Committees consist of both Alderman and external representatives. Council is to determine the procedures relating to meetings of a special committee. Controlling authorities are established by Council to undertake work on behalf of Council. Controlling authorities may manage or administer the property or facilities and provide the service on behalf of Council. The establishment of a controlling authority does not affect the powers of the Council to act in relation to any matter. Single and Joint authorities Single authorities operate under one Council, while joint authorities involve two or more Councils. The key features of single or joint authorities are they perform any function or exercise any power of a council under the Local Government Act and that a board of management must be appointed to be responsible for the governance of the authority. A separate report is provided in this agenda to appoint Alderman to Special Committees and working parties/special interest groups. Council have considered the appointment of Alderman to the above groups at a workshop held on Monday 10 November 2014.
STATUTORY REQUIREMENTS Appointments to the committees / organisations included in this report are in most cases governed by legislation.
DISCUSSION The following information outlines the required appointments. Member Association
Local Government Association of Tasmania
Shareholdings in Corporations
Taswater – 1 Council Representative
ITEM 10.8
PAGE 96 Report to Council meeting on 24 November 2014
Joint Authorities
Dulverton Regional Waste Management Authority – 2 Council Representatives
Tasmania‟s West North West Councils Joint Authority (Trading as Cradle Coast Authority) – 2 Council Representatives
Controlling Authorities and Board Membership
Fenton Villas Management Controlling Authority – 2 Council Representatives
Maidstone Park Management Controlling Authority – 2 Council Representatives
Melrose Memorial Hall Controlling Authority – No Council Representatives
Tasmanian Arboretum Inc – 1 Council Representative
Statutory Council Committees
Code of Conduct Panel
Audit Panel
Aldermen at a Workshop on 10 November 2014 discussed the appointments to the above listed committees/organisations. The appointments as recommended were as determined at the Workshop.
COMMUNITY ENGAGEMENT Appointments strengthen Council‟s engagement.
FINANCIAL IMPLICATIONS Administrative support is provided by Council to the Controlling Authorities detailed in this report.
RISK IMPLICATIONS No risk implications have been identified in relation to the matter of appointments discussed in this report.
CONCLUSION This report formalises the appointment of elected members following the recent election.
ATTACHMENTS Nil
RECOMMENDATION That Council: 1.
appoints: (a)
Mayor Ald Martin as the voting delegate for the Local Government Association of Tasmania, with the Deputy Mayor Ald Rockliff the designated proxy.
(b)
Ald Goodwin as an Owner Representative for the Tasmanian Water and Sewerage Corporation (Trading as Taswater), with Ald Perry the designated proxy.
(c)
Mayor Ald Martin and Ald Goodwin as Council‟s representatives on the Cradle Coast Authority. ITEM 10.8
PAGE 97 Report to Council meeting on 24 November 2014
2.
(d)
Ald Rockliff and the General Manager as Council‟s representatives on the Dulverton Regional Waste Management Joint Authority, with Ald Perry as the designated proxy.
(e)
Ald Rockliff and Ald Emmerton as the Council‟s representatives on the Fenton Villas Management Controlling Authority.
(f)
Ald Martin and Ald Rockliff as the Council‟s representative on the Maidstone Park Management Controlling Authority.
(g)
Ald Rockliff as the Council‟s representative on the Tasmanian Arboretum Committee.
(h)
Ald Emmerton and Ald Goodwin to the Audit Panel, with Ald Perry as the designated proxy.
(i)
Ald Keay, Ald Laycock and Ald Perry to the Code of Conduct Panel.
in circumstances where a delegate and/or the proxy are unable to attend any of the following meetings:
Tas Water,
Local Government Association of Tasmania,
Cradle Coast Authority; and
Dulverton Regional Waste Management Authority
Council authorises the General Manager, in consultation with the Mayor, to appoint a proxy delegate for that meeting.
Endorsed By: Position:
Paul West General Manager
ITEM 10.8
PAGE 98 Report to Council meeting on 24 November 2014
10.9
APPOINTMENT TO COMMITTEES AND WORKING GROUPS File: 22992 D346073
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.3.4
Ensure effective committees
administration
and
operation
of
Council‟s
SUMMARY The report is provided to assist Council in finalising the appointment of Aldermen to a number of Special Committees, Special Interest Groups and Working Groups.
BACKGROUND Council at its 20 October 2014 meeting determined that a number of its former Section 24 Special Committees and Working Groups would be subsumed into a new more strategic structure. The following diagram details the new structure and strategic alignment of existing Special Committees.
The following diagram details the governance structure/reporting framework and information flow of Committees and Special Interest Groups. The structure is based on a high level of collaboration by diverse stakeholders at a grass roots level. Recommendations by Committees or Special Interest Groups if deemed of an urgent nature will be reported to an ordinary Council meeting. ITEM 10.9
PAGE 99 Report to Council meeting on 24 November 2014
STATUTORY REQUIREMENTS The Local Government Act 1993 outlines the following in relation to the appointment of Special Committees: 24.
Special committees (1)
A council may establish, on such terms and for such purposes as it thinks fit, special committees.
(2)
A special committee consists of such persons appointed by the council as the council thinks appropriate.
(3)
The council is to determine the procedures relating to meetings of a special committee.
ITEM 10.9
PAGE 100 Report to Council meeting on 24 November 2014
DISCUSSION The appointments to Special Committees Special Interest Groups and Working Groups were discussed by Aldermen at a Workshop on 10 November 2014 at which time general consensus was achieved on the appointment process. Appointment of Aldermen to the Strategic Special Committees was agreed as follows: Sport and Recreation
Arts, Culture and Tourism
Community Development
Ald Matthews
Ald Jarman
Ald Emmerton
Ald Perry
Ald Keay
Ald Goodwin
Ald Rockliff
Ald Laycock
Ald Martin
Chair: Ald Rockliff
Chair: Ald Jarman
Chair: Ald Martin
Special Interest Groups / Working Groups
Future Meetings
Original Purpose
Alderman Appointed
Theme 1.Arts, Culture, Events and Tourism
Don River Railway
Devonport Maritime and Heritage
Devonport Regional Gallery
N/A
The Don River Railway Special Committee was established to provide advice to Council about increasing access to, and promoting the historical tourism attraction as an integral part of Devonport‟s cultural tourism initiatives.
Bi-monthly
The Maritime and Heritage Special Committee was established to provide advice and input into Maritime and Heritage facilities/services and partnerships/programs/ activities and events.
Bi-monthly
The Devonport Regional Gallery Special Committee was established to provide advice to Council, increasing access to and promoting the Gallery and arts as an integral part of Devonport‟s cultural life.
ITEM 10.9
Not Required
Ald Laycock
Ald Jarman
Absorb into the Strategic Arts, Culture and Tourism Special Committee
Transition to a Special Interest Group – eventually absorbed into the Strategic Arts, Culture and Tourism Special Committee Transition to a Special Interest Group
PAGE 101 Report to Council meeting on 24 November 2014
Special Interest Groups / Working Groups Devonport Entertainment and Convention Centre
Devonport Food and Wine Festival
Public Art Advisory Committee
Future Meetings
Original Purpose
Alderman Appointed
Not Required
Wind Up – items in future to be considered by the S23 Governance and Finance Committee
Ald Laycock
Continue as a Working Group to assist with the 2015 DFWF. Consider the future following the 2015 event.
This Committee has not met for some time, as not deemed required. N/A
Note: Committee functions to be the responsibility of Governance and Finance Committee
As needed
The Devonport Food and Wine Festival Special Committee was established to provide advice, support and collaboration between relevant organisations and industry to develop, manage and guide the Devonport Food and Wine Festival
Quarterly (as required)
The Public Art Advisory Committee is established to provide advice to Devonport City Council on the development, management, coordination and preservation of Devonport‟s public art resources.
Ald Goodwin
Ald Keay Ald Matthews Ald Jarman
Transition to a Special Interest Group
Theme 2. Sport and Recreation
Meercroft Park
East Devonport Recreation Centre
Bi-monthly
The Meercroft Park Special Advisory Committee was specifically established to provide Council with input and feedback on matters relating to Meercroft Park, its usage, facility provision, operation requirements and to prioritise capital works over a 5, 10 and 20 year timeframe.
N/A
The East Devonport Recreation and Function Centre Special Committee was established to provide advice to Council about increasing access to, and the promotion of the Centre and all user groups at the facility. The Committee provides recommendations and advice to Council on the Centre which will form an integral part of Devonport‟s Sport and Recreation Strategy.
ITEM 10.9
Ald Rockliff
Wind-up the Special Committee – encourage the Group to continue to meet without admin support from Council. Wind-up
Not Required
PAGE 102 Report to Council meeting on 24 November 2014
Special Interest Groups / Working Groups
Devonport Recreation Centre
Future Meetings
Original Purpose
N/A
The Devonport Recreation Centre Special Committee was established to provide advice to Council about increasing access to, and the promotion of the Centre and all user groups at the facility. The Committee will provide recommendations and advice to Council on the Centre which will form an integral part of Devonportâ€&#x;s Sport and Recreation Strategy.
Alderman Appointed Wind-up
Not Required
Theme 3 Community Development (social inclusion)
Building Families
Community Safety Liaison Group
Financial Assistance to Community Organisations
Eastern Shore
Bi-monthly
The Building Families Special Committee was established to provide advice, support and collaboration between relevant organisations to allow children and their families/carers reach their full potential and enhance their quality of life.
Bi-monthly
The Devonport Community Safety Liaison Group was established to provide advice, support and collaboration between relevant organisations to create a proud community where residents and visitors feel safe and secure.
N/A
The purpose of this group was to assess the annual program of financial assistance to community groups and organisations.
Ald Keay
Ald Martin
Not Required
Note: committee functions to be the responsibility of the Community Services Committee
Quarterly
The Eastern Shore Special Committee was established to provide advice to Council about future development and planning on the Devonport Eastern Shore.
ITEM 10.9
Ald Jarman Ald Rockliff Ald Emmerton (proxy)
Transition to a Special Interest Group
Transition to a Special Interest Group
No longer required – matters to be dealt with through the S23 Community Services Committee Reduce frequency of meetings from monthly to quarterly.
PAGE 103 Report to Council meeting on 24 November 2014
Special Interest Groups / Working Groups
Sister Cities
Imaginarium Science Centre
Tiagarra
Mayor‟s Charitable Trust
Future Alderman Appointed
Meetings
Original Purpose
N/A
The Devonport Sister City Special Committee is established to provide advice, support and collaboration between the Devonport Sister City Association and Council in the delivery of the City‟s Sister City activities.
Quarterly
The Imaginarium Science Centre Special Committee was established to assist Council oversee the business agreement with Pandemonium (Tas) Pty Ltd to operate the Imaginarium Science Centre. This involves providing input into the strategic activities that underlie the sustainability and viability of the Imaginarium Science Centre.
Not Required
N/A
The Tiagarra Special Committee‟s (TSC) primary purpose is to oversee the ongoing sustainability of the operations of Tiagarra Aboriginal Museum and Cultural Centre (TACCM) and to assist and facilitate redevelopment and viability.
Wind-up. Issues to be considered by S23 Community Services Committee in future.
The Mayor‟s Charitable Trust Fund (the Trust) aims to provide immediate personal relief to those who live or belong to Devonport when they find themselves in hardship due to suffering, distress, misfortune, poverty, illness, destitution and helplessness.
Mayor Martin
In line with the obligations of charitable taxation status the committee to be maintained.
As required
Not Required
Ald Keay
Ald Rockliff Ald Emmerton
N/A
At the end of June 2015 Council‟s commitment to the Imaginarium will cease – at this point the Special Committee to be wound up.
Support is considered by Trustees for those who have found it difficult to access funds through other means. Trustees include the Mayor, and representatives from the welfare sector, broader community and the Council. Not Required
Mersey Bluff Working Group
Wind-up. Reconvene in the future if required.
Established to assist with the future development of the Mersey Bluff precinct.
ITEM 10.9
Wind-up. Issues in future to be considered by the S23 Infrastructure, Works and Development
PAGE 104 Report to Council meeting on 24 November 2014
Special Interest Groups / Working Groups
Future Meetings
Original Purpose
Alderman Appointed Committee
Learning Communities Special Interest Group
Mayor Martin As Required
Ald Keay
Special Interest Group
Ald Jarman (Proxy)
A process will be implemented to action the restructure of Council‟s special committees including:
winding up absorbing into the Strategic Committee functions, including transition arrangements. Seeking expressions of interest from external people/groups for appointment to the Strategic Committees continue operating as special interest groups or special committees
Draft Terms of Reference will be developed for the Strategic Special Committees and Guidelines for Special Interest Groups; these will be considered by the Community Services Special Committee 1 December 2015 for recommendation to the December Council meeting. The new structure for Council Special Committees has been developed in consultation with existing members and Council. The new structure aims to address identified issues, increase efficiencies and ensure a strategic approach based on the principles of inclusion, collaboration and shared decision making. Definitions Special Interest Group Special Interest Groups may be appointed by Council from time to time. A Special Interest Group represents a group of people working on behalf of or strongly supporting a particular cause, such as overseeing a strategic priority of Council, an item of legislation, an industry, or a special segment of the community (e.g children and families, Community Safety). Working Group Working Groups may be appointed by Council from time to time if required. A Working Group will be established to undertake a specific set task and once completed will dissolve. A Working Group is established for;
investigating a problem, issue or question; act as a key reference group to a Special Committee/Special Interest Group provide input and feedback on work undertaken by a larger provide input and feedback on policy and strategic plans of Council (e.g in the past working groups have been established for the development of the Cemetery Strategic Plans)
ITEM 10.9
PAGE 105 Report to Council meeting on 24 November 2014
COMMUNITY ENGAGEMENT Members of all Committee were provided an opportunity to participate in an evaluation of existing Committees August 2014. Findings of the survey have been communicated back to Committee members. Survey results were presented to Council at a workshop September 2014, the outcome of the workshop informed a report to Council 20 October 2014. A transition plan is being developed and Aldermen nominations were received. Pending the outcome of this report, all existing Committee members will be thanked for their participation and advised in writing. Council will advertise all positions of its existing Special Committees, new Strategic Special Committees and Special Interest Groups. Existing members of Committees will be encouraged to apply for membership on Committees/Groups of Interest. Aligned with Council elections, all positions on Committees will be vacant, and an Expression of Interest will be advertised December 2014 to seek nominations for community representation. Council will then assess applications and consider appointments at its February meeting.
FINANCIAL IMPLICATIONS There is minimal financial impact as a result of this report. However efficiencies may be gained as a result of a reduction of staff time at meetings and associated follow up/administration. This will apply to several Special Committees which will be wound up or absorbed into Strategic Committees. However this may be offset by the newly established Strategic Special Committees.
RISK IMPLICATIONS ď€
Communication/Reputation The implications of the new structure and transition of Special Committees to Special Interest Groups may cause some angst by individual members. The impact is greater for those members of Committees which will be wound up or absorbed by the newly established Strategic Special Committees of Council. A reduction of social capital may be a longer term risk as a result of Committees wound up/absorbed, these Committees act as connectors, information hubs, and conduits to Council. The risk will be managed by encouraging members/groups/ users of facilities to continue to meet informally without the support of administration. Details of a Council contact officer will be provided in correspondence.
CONCLUSION This report formalises the appointment of elected members following the recent election and commences a transition to a new structure for Council Special Committees.
ATTACHMENTS Nil
RECOMMENDATION That Council: 1.
appoints: a)
Ald Matthews, Ald Perry and Ald Rockliff to the Sport and Recreation Strategic Special Committee, with Ald Rockliff as Chair. ITEM 10.9
PAGE 106 Report to Council meeting on 24 November 2014
2.
b)
Ald Jarman, Ald Keay and Ald Laycock to the Arts, Cultural and Tourism Strategic Special Committee, with Ald Jarman as Chair.
c)
Ald Emmerton, Ald Goodwin and Ald Martin to the Community Development Strategic Special Committee, with Ald Martin Chair.
d)
Ald Laycock to the Devonport Maritime and Heritage Special Interest Group.
e)
Ald Jarman to the Devonport Regional Gallery Special Interest Group.
f)
Ald Laycock and Ald Goodwin to the Devonport Food and Wine Working Group.
g)
Ald Keay, Ald Matthews and Ald Jarman to the Public Art Advisory Special Interest Group.
h)
Ald Keay to the Building Families Special Interest Group.
i)
Ald Martin to the Community Safety Liaison Special Interest Group.
j)
Ald Jarman and Ald Rockliff to the Eastern Shore Special Interest Group, with Ald Emmerton as designated proxy.
k)
Ald Keay to the Imaginarium Special Interest Group.
l)
Ald Martin, Ald Rockliff and Ald Emmerton to the Mayorâ€&#x;s Charitable Trust.
m)
Mayor Martin and Ald Keay to the Learning Communities Special Interest Group, with Ald Jarman as designated proxy.
Implement the transition plan to: a)
absorb the Don River Railway Special Committee to be an agenda item on the Arts, Cultural and Tourism Strategic Special Committee.
b)
transition the Devonport Maritime and Heritage Special Committee to a Special Interest Group, eventually absorbed by the Arts, Culture and Tourism Strategic Special Committee.
c)
transition the Devonport Regional Arts Special Committee to a Special Interest Group.
d)
wind up the Devonport Entertainment and Convention Centre Special Committee.
e)
continue the Devonport Food and Wine Working Group and consider the future of the group following the event 2015.
f)
transition the Public Art Advisory Special Committee to a Special Interest Group.
g)
wind up the Meercroft Park Special Committee and encourage the group to continue to meet without administration support of Council.
h)
wind up the East Devonport Recreation Special Committee and encourage the group to continue to meet without administration support of Council.
i)
wind up the Devonport Recreation Centre Special Committee and encourage the group to continue to meet without administration support of Council.
j)
transition the Building Families Special Committee to a Special Interest Group.
k)
transition the Community Safety Liaison Group to a Special Interest Group.
l)
wind up the Financial Assistance to Community Organisations Committee, assessment to be considered by the Community Services Committee. ITEM 10.9
PAGE 107 Report to Council meeting on 24 November 2014
m)
transition the Eastern Shore Special Committee to a Special Group and meet quarterly.
n)
wind up the Sister Cities Special Committee and reconvene if required.
o)
wind up the Imaginarium Science Centre Special Committee at the end of June 2015 on cessation of Councilâ€&#x;s commitment.
p)
wind up the Tiagarra Special Committee, matters to be considered by the Community Services Committee.
q)
continue the Mayorâ€&#x;s Charitable Trust Fund in line with the obligation of the charitable taxation status.
r)
wind up the Mersey Bluff Working Group Committee, matters to be considered by the Infrastructure, Works and Development Committee.
s)
continue the Learning Communities Special Interest Group.
3.
Note that the terms of reference for each of the Special Committees and operating guidelines for Special Interest Groups are currently being developed.
4.
Advertisements for Expression of Interest for each of the Special Committees and Special Interest Groups will be undertaken during December 2014.
Author: Position:
Evonne Jones Executive Manager Services
Community
Endorsed By: Position:
ITEM 10.9
Paul West General Manager
PAGE 108 Report to Council meeting on 24 November 2014
10.10 MEETING TIMETABLE - DECEMBER 2014 - JANUARY 2015 File: 11129 D346227
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 5.3.4
Ensure effective committees
administration
and
operation
of
Council‟s
SUMMARY This report is provided to assist Council in determining its meeting schedule for the balance of the year and into January 2015.
BACKGROUND Council has previously determined to operate its decision making process through a Section 23 Committee structure. As a result of the recent Council election and in the lead up to the end of the year it is appropriate for Council to endorse its meeting schedule for the next two months.
STATUTORY REQUIREMENTS Council is required to comply with the Local Government (Meeting Procedures) Regulations 2005 in relation to the conduct of its business.
DISCUSSION As a result of the recent Council election and the appointment of Aldermen to Committees there has been to date no opportunity for the various Committees to meet during November. The Declaration of the Poll was formally held on 6 November, a Workshop on 10 November and this Ordinary Council meeting on 24 November 2014. It is proposed that a Section 23 Committees “catch-up” be undertaken in December. Due to the Christmas/New Year break it is further proposed that no meetings be scheduled during January 2015 apart from the Ordinary Council meeting on Tuesday, 27 January 2015. The following is a proposed timetable for the conduct of Council, Council Section 23 Committees and other activities during November, December and January. Date 24 November 1 December 1 December 8 December (5:00 pm)
Purpose Ordinary Council Meeting Community Services Committee Workshop Workshop
Comment Normal monthly meeting. Normally held bi-monthly this meeting would be brought forward by two weeks. To commence directly following the Community Services Committee meeting. A Workshop to be convened to allow Aldermen to be addressed by Hans van Pelt, Director Aviation Access and Development with the Tasmanian Government.
ITEM 10.10
PAGE 109 Report to Council meeting on 24 November 2014
Date 8 December
Purpose Infrastructure, Works and Development Committee
15 December
Ordinary Council Meeting
5, 12 January
27 (Tuesday)
and
19 No Meetings
January Council Meeting
Comment The usual scheduled meeting of this Committee. This meeting will include information for the October and November operating periods. At the request of Aldermen this meeting is brought forward to the third Monday. As a result there will be no Governance & Finance Meeting during December. The next Governance & Finance Committee Meeting will be held in March 2015. As a result financial reports will be provided direct to Council at both the December and January Meetings. Any items normally provided to Council through the Section 23 Committees which require decision will be included on the Ordinary Meeting agenda for 27 January. Normal scheduled monthly meeting. Held on the Tuesday as Monday 26 is a public holiday.
Any changes to the meeting arrangements for Committees will result in the proposed listing being updated accordingly. In relation to the Planning Authority Committee this only meets when matters need to be determined. If necessary during January 2015 a meeting will be scheduled and separately advised to Aldermen. In relation to the Christmas/New Year period advice has previously been provided that the following arrangements will apply this year: Date
Monday, 22 December
Open
Close
City Office
8:30am
5:00pm
Operations
7:30am
4:30pm
DECC
8.30am
5.00pm
Art Gallery
10:00am
5:00pm
BSMC
10:00am
5:00pm
VIC
7:30am
3.30pm
EDRC
CLOSED
DRC
11:00am
ITEM 10.10
5:00pm
PAGE 110 Report to Council meeting on 24 November 2014
Date
Tuesday, 23 December
Open
Close
City Office
8:30am
5:00pm
Operations
7.30am
4.30pm
DECC
8.30am
5.00pm
Art Gallery
10:00am
5:00pm
BSMC
10:00am
5:00pm
VIC
7:30am
3:30pm CLOSED
EDRC
Wednesday, 24 December
DRC
11:00am
5:00pm
City Office
8.30am
2.00pm
Operations
7.30am
2.00pm
DECC
8.30am
2.00pm
Art Gallery
10:00am
2:00pm
BSMC
10:00am
2:00pm
VIC
7:30am
3.30pm CLOSED
EDRC 10:00am
DRC
2:00pm
City Offices Operations DECC Thursday, 25 December
Art Gallery
CLOSED – Emergency number available for Operations
BSMC VIC EDRC DRC City Offices Operations
CLOSED - Emergency number available for Operations
Friday 26 December
DECC
(Note: BSMC will open as normal on Boxing Day. Previous advice indicated that it would be closed)
Art Gallery
1:00pm
5:00pm
BSMC
10:00am
5:00pm
VIC
7.30am
3.30pm
EDRC CLOSED
DRC
ITEM 10.10
PAGE 111 Report to Council meeting on 24 November 2014 2.
Date
Open City Offices Operations
Monday, 29 to Wednesday, 31 December
DECC
CLOSED – Emergency number available for Operations
Art Gallery
1:00pm
5:00pm
BSMC
10:00am
5:00pm
VIC
7.30am
3.30pm
EDRC
CLOSED
DRC City Offices Operations DECC Thursday 1 January
Close
CLOSED – Emergency number available for Operations
Art Gallery
1:00pm
5:00pm
BSMC
10:00am
5:00pm
VIC EDRC
CLOSED
DRC City Offices
8.30am
5:00pm
Operations
7:30am
4.30pm
DECC Friday 2 January
CLOSED
Art Gallery
10:00am
5:00pm
BSMC
10:00am
5:00pm
VIC
7.30am
3.30pm
EDRC
CLOSED
DRC
In relation to the Spreyton Transfer Station the following is noted regarding operating hours over the Christmas/New Year period: Monday to Friday
7:30am to 4pm
Saturday, Sunday & Public Holidays
11:00am to 4pm
Closed: Christmas Day, Boxing Day, New Year‟s Day and Devonport Cup
COMMUNITY ENGAGEMENT Determining the meeting arrangements at this time will provide the community with a degree of certainty as to the decision making processes following the Council election but more importantly during the Christmas/New Year and January holiday period. Details relating to the Council‟s operating arrangements over the Christmas/New Year period will be advertised as normally occurs.
FINANCIAL IMPLICATIONS There are no financial implications in relation to the proposed meeting schedule apart from the normal public notification (advertising) costs.
ITEM 10.10
PAGE 112 Report to Council meeting on 24 November 2014
RISK IMPLICATIONS No risks have been identified in relation to the proposed meeting schedule.
CONCLUSION The meeting arrangements for the balance of 2014 and January 2015 are provided for the consideration of Council.
ATTACHMENTS Nil
RECOMMENDATION That the report of the General Manager relating to meeting arrangements during December and January be received and endorsed.
Author: Position:
Paul West General Manager
ITEM 10.10
PAGE 113 Report to Council meeting on 24 November 2014
11.0
CUSTOMERS AND COMMUNITY REPORTS
11.1
HMAS STUART - THE FREEDOM OF ENTRY TO THE CITY OF DEVONPORT File: 27452 D347103
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 3.2.2
Support regional tourism relationships with regional Government
development through productive partners and State and Federal
SUMMARY The Royal Australian Navy advises the HMAS Stuart will visit Devonport 12–15 December 2014, and request The Freedom of the Entry (FOE) to the City of Devonport on Saturday 13 December 2014, commencing at 10.00am be granted.
BACKGROUND “Traditionally, The Freedom of Entry is granted to units of the defence forces with a significant attachment to a particular city. The practice of Freedom of Entry originated in medieval Europe, when special privilege of entry within the walls of cities might be granted to a band of armed men, entry otherwise denied to them because of the threat of attacks and looting. The Freedom of Entry permitted the armed band to march through the granting city „with swords drawn, bayonets fixed, drums beating, bands playing, colours flying and in full panoply of regalia‟. The practice is now ceremonial, representing the highest honour bestowed by a military unit.” Australian Protocol and Procedures, 2007.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION Council granted The Freedom of Entry to HMAS Stuart on 15 September 2007. The officious day was celebrated and well attended by local and regional residents. The open day was of interest and the day well received by the entire crew of the HMAS Stuart, in its adopted home port of Devonport. Council staff will assist the coordination of The Freedom of Entry event, and activities associated with the visit, relevant permits and notification, and also promotion and media. The event value adds to the variety of activities offered over the lead up to Christmas and the New Year.
COMMUNITY ENGAGEMENT Various individuals, groups and organisations have been engaged to participate in welcoming the HMAS Stuart to Devonport.
FINANCIAL IMPLICATIONS There are minor financial costs associated with the advertising of a public notice in the media to inform the general public of The Freedom of Entry, and associated road closures. ITEM 11.1
PAGE 114 Report to Council meeting on 24 November 2014
RISK IMPLICATIONS
Communication/Reputation To not grant The Freedom of Entry would publicly damage the reputation of Council.
CONCLUSION To grant The Freedom of Entry to the HMAS Stuart is deemed a privilege, honour and distinction. The event will be a highlight in the upcoming events calendar, and attract visitors to the City.
ATTACHMENTS 1.
HMAS STUART PROPOSED VISIT TO DEVONPORT 12-15 DEC 14
RECOMMENDATION That Council grant “Freedom of the City” to the HMAS Stuart‟s during its visit to Devonport 12-15 December 2014.
Author: Position:
Evonne Jones Executive Manager Community Services
Endorsed By: Position:
ITEM 11.1
Paul West General Manager
PAGE 115 HMAS STUART PROPOSED VISIT TO DEVONPORT 12-15 DEC 14
ITEM 11.1
ATTACHMENT [1]
PAGE 116 Report to Council meeting on 24 November 2014
11.2
FINANCIAL ASSISTANCE - CITY OF DEVONPORT LIONS CLUB File: 29489 D347526
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 4.7.3
Attract and promote equitable distribution and sharing of financial and other resources throughout the community
SUMMARY For Council to consider a request for financial assistance to the Lions Club of the City of Devonport to host the Tasmanian Brick Enthusiast Inc event, Brixhibition. The request is outside of the formal grants process; however to secure the event for Devonport the report is provided for consideration.
BACKGROUND Under the Financial Assistance Policy the Council supports projects, programs and activities developed for the benefit of Devonport‟s residents and visitors. Seven areas of assistance are available, one of which is the subject of this report: •
Economic Development and Events Sponsorship – provides support for social, cultural, environmental, sport and recreational initiatives and events held in the Devonport Municipality that attract locals and visitors creating commercial benefits for the City. Three levels of funding is available; $3,000 for local events, $5,000 for regional/state events and over $5,000 for national/international events per year for up to three years.
Council invites and assesses applications annually between July and September. At their meeting held 22 September 2014 Council resolved to provide $26,000 in funds towards five events under the Economic Development and Events Sponsorship program (Min Ref 239/14). The Lions Club of the City of Devonport has recently submitted a request for support under the program to host Brixhibition in July 2015.
STATUTORY REQUIREMENTS The Local Government Act 1993 Section 77 outlines Council‟s requirements in regard to grants and benefits; (1)
A council may make a grant or provide a pecuniary benefit or a non-pecuniary benefit that is not a legal entitlement to any person, other than a councillor, for any purpose it considers appropriate. (1A) A benefit provided under subsection (1) may include –
(2)
(a)
in-kind assistance; and
(b)
fully or partially reduced fees, rates or charges; and
(c)
remission of rates or charges under Part 9.
The details of any grant made or benefit provided are to be included in the annual report of the council.
ITEM 11.2
PAGE 117 Report to Council meeting on 24 November 2014
DISCUSSION The City of Devonport Lions Club hosted Brixhibition in 2014 at the East Devonport Recreation and Function Centre (EDRFC). The event includes displays of Lego structures, model trains and planes, and technic creations. The aim of the event is to raise awareness of Lego with the main target audience being families with children. The 2014 event attracted approximately 3,000 visitors, 60% from the Devonport region and 40% from the North/North-West of the State. The Club is requesting $3,000 each year for the next three years to cover the cost of hiring the Devonport Recreation Centre. The 2015 charge includes $2,500 to hire the stadium and $500 for set-up and dismantling. No other major events are scheduled or likely to be held on the proposed event dates. The Club estimates patronage to increase to 5,000, hence the requirement for a larger venue; with 20 organisers to stay 2 nights in commercial accommodation in the City. The Club shall generate $5,000 in revenue from entry donations with minor expenses excluding venue hire and envision that surplus funds are redistributed to community organisations and projects on advice of the Council. Should Council provide support through financial assistance or waiver of the Devonport Recreation Centre hire fee, project surplus is estimated at $5,000. Without Council support project surplus is estimated at $2,000. The event has a number of objectives, and plays an important role in tourism development and thereby economic development due to the flow on effect of visitors to the City. Should 40% of the projected 5,000 visitors attend the event from outside the local area, approximately $110,000 would be spent in the local economy. An additional $7,600 would be spent by the organisers during their two day stay. This is based on an average spend for day visitors of $55 and overnight spend $190 per day (Tourism Research Australia).
COMMUNITY ENGAGEMENT The Financial Assistance Scheme provides an avenue for a range of organisations to increase community involvement in activities and events.
FINANCIAL IMPLICATIONS The total budget for Community Financial Assistance being $294,437 includes funds for the community small grants, economic development and events sponsorship, sports development program, partnership agreements, donations, and internal costs. There is $7,000 unallocated in the budget.
RISK IMPLICATIONS There is a risk that organisations which have applied and been unsuccessful within the grant period July-September 2014 may be critical of the Councilâ€&#x;s decision in relation to the late submission of this request.
CONCLUSION To support the request for financial assistance by the Lions Club of the City of Devonport to host the Tasmanian Brick Enthusiast Inc event, Brixhibition will secure a popular event for Devonport. Furthermore it will assist the Lions Club in fundraising which ultimately benefits the broader Community. Council has the option of providing a partial contribution, if any, for the event.
ITEM 11.2
PAGE 118 Report to Council meeting on 24 November 2014
Council may also consider a longer term arrangement for financial assistance in future years, due to the economic flow on effect generated from the number of visitors to Devonport on the day of the event.
ATTACHMENTS Nil
RECOMMENDATION Option 1 That Council: 1.
advise the City of Devonport Lions Club that it will provide $........... in financial assistance towards the hire of the Devonport Recreation Centre to host the 2015 Brixhibition event; and
2.
will consider financial support for future years funding in the 2015-2016 Economic Development and Events Sponsorship grants program.
Option 2 That Council: 1.
advise the City of Devonport Lions Club that it will not provide financial support towards the hire fee of the Devonport Recreation Centre to host the 2015 Brixhibition event; and
2.
will financial support for future years funding in the 2015-2016 Economic Development and Events Sponsorship grants program.
Author: Position:
Carol Bryant Sustainable Communities Manager
Endorsed By: Position:
ITEM 11.2
Evonne Jones Executive Manager Services
Community
PAGE 119 Report to Council meeting on 24 November 2014
12.0
TECHNICAL AND FINANCE REPORTS
12.1
TENDER REPORT CONTRACT IMPROVEMENTS STAGE 3
1271
KELCEY
TIER
SAFETY
File: 29389 D345645
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 2.3.1
Provide and maintain roads, bridges, footpaths, bike paths and car parks to appropriate standards
SUMMARY This report seeks Council‟s approval to award contract 1271 for the construction of safety improvements on Kelcey Tier Road to Kentish Construction and Engineering Company Pty Ltd.
BACKGROUND This report considers tenders received for Kelcey Tier Road Safety Improvements Stage 3 listed within the 2014/15 Capital Works Program. The road alignment in this area is poor, with narrow corners and limited road shoulders. Roadside hazards including trees and steep batters are present and longitudinal cracking is evident in places, demonstrating excessive movement in the existing batters. Both the traffic volumes and the crash history have been increasing in recent years. Over the last four years Council has progressively staged works to improve the safety and stability of the road. This contract for stage three is the final stage of the proposed works and completes the upgrade. The project involves installing a gabion wall to support the embankment allowing shoulder widening and the installation of a guard rail barrier. It is a continuation of similar works undertaken in stages one and two.
STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders over the prescribed amount of $100,000.
DISCUSSION This tender was advertised on 13 September 2014 and closed on 14 October 2014. In accordance with Council‟s Code of Tenders and Contracts a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. Tenders were received from three companies. tenders and are summarised in Table 1.
ITEM 12.1
All tenders received are conforming
PAGE 120 Report to Council meeting on 24 November 2014
TABLE 1 No.
Tender
Status
Tender Price Excluding GST
1
Kentish Construction and Engineering Company Pty Ltd (Trading as Treloar Transport)
Conforming
$232,760.90
2
Hardings Hotmix Pty Ltd
Conforming
$280,428.00
3
Shaw Contracting
Conforming
$380,515.00
As highlighted in the above table the tendered sum from Kentish Construction and Engineering Company Pty Ltd of $232,760.90 is the lowest priced tender. The Tender Planning and Evaluation Committee have considered the three tenders against each of the selection criteria, these being;
Relevant Experience Quality, Safety and Environmental Management Resource Base Price
The evaluation by the Committee indicates that Kentish Construction and Engineering Company Pty Ltd scored highest overall and so offer Council the best value for money. This company has previously undertaken both stages one and two of the Kelcey Tier upgrade with the works being completed to Council‟s satisfaction. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments.
COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper on 13 September 2014 and tenders were also advertised on Council‟s web site.
FINANCIAL IMPLICATIONS The 2014/15 capital expenditure budget for the Kelcey Tier Road Safety Improvements Stage 3 project is $310,000. The tender received from Kentish Construction and Engineering Company Pty Ltd is for $232,760.90. The breakdown of the budget for the project is summarised in table 2. TABLE 2 No.
Tender
Tender Price excluding GST
1
Contract Price
$232,760.90
2
Project Management/administration
$20,000.00
3
Construction contingency
$20,000.00 TOTAL
ITEM 12.1
$272,760.90
PAGE 121 Report to Council meeting on 24 November 2014
RISK IMPLICATIONS
Work Health and Safety Hazard identification, risk assessment and development of safe systems of work are required to be carried out on all projects and are provided to Council prior to commencing work.
Political/Governance The tender administration and reporting processes related to this contract comply with Council‟s Code for Tenders and Contracts which was developed in compliance with section 333 the Local Government Act, 1993.
Assets, Property and Infrastructure The scope of work or goods supplied under this contract form part of Council‟s Infrastructure Asset Management Strategy and therefore reduces the risk of asset performance and cost issues.
Contractual/Legal Contract management of consultants and contractors is carried out in accordance with developed policy, procedures and the Code for Tenders and Contracts.
Financial The tender amount is within the budgeted allowance and monthly monitoring of expenditure will assist in avoiding over expenditure.
Professional Indemnity/Public Liability Contracts for consulting and contracting and supply of services include clauses to mitigate risks.
CONCLUSION Taking into account the selection criteria assessment and the tendered rates, the Tender Planning and Evaluation Committee has determined that Kentish Construction and Engineering Company Pty Ltd meets Council‟s requirements and is therefore most likely to offer “best value” in relation to Contract 1271.
ATTACHMENTS 1.
CT0121 Kelcey Tiers Stage 3 Committee Minutes signed
Confidential
RECOMMENDATION That Council in relation to contract 1271 – Kelcey Tier Road Safety Improvements Stage 3; a)
award the contract to Kentish Construction and Engineering Company Pty Ltd for the tendered sum of $232,760.90 ex GST; and
b)
note that project management and contingency costs for the project are estimated at $40,000 ex GST.
Author: Position:
Shannon Eade Project Management Officer
Endorsed By: Position:
ITEM 12.1
Matthew Atkins Deputy General Manager
PAGE 122 Report to Council meeting on 24 November 2014
12.2
TENDER REPORT CONTRACT 1279 WILLIAM RECONSTRUCTION - TASMAN TO CHARLES STREET
STREET
File: 29378 D345647
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 2.3.1
Provide and maintain roads, bridges, footpaths, bike paths and car parks to appropriate standards
SUMMARY This report seeks Council‟s approval to award contract 1279 for road reconstruction works in William Street between Tasman and Charles Streets, to Harding‟s Hotmix Pty Ltd.
BACKGROUND This report considers tenders received for “William Street Reconstruction – Tasman to Charles Street” listed within the 2014/15 Capital Works Program. The pavement and seal are in poor condition and in need of renewal. William Street is a key transport link for Devonport and must be maintained in a suitable condition for current and future traffic volumes. The project involves reconstruction of the road pavement and kerbs and placement of asphalt in William Street and at the intersection of Charles Street. The road will be constructed to new levels to improve access to properties on the western side. Many of these properties currently have non-compliant, substandard driveway entries.
STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders over the prescribed amount of $100,000.
DISCUSSION This tender was advertised on 27 September 2014 and closed on 21 October 2014. In accordance with Council‟s Code of Tenders and Contracts a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. Tenders were received from three companies. tenders and are summarised in table 1.
All tenders received were conforming
TABLE 1 No.
Tender
Status
Tender Price Excluding GST
1
Hardings Hotmix Pty Ltd
Conforming
$326,458.75
2
Kentish Construction and Engineering Company Conforming Pty Ltd (trading as Treloar Transport)
$328,396.30
3
Venarchie Contracting Venarchie Contracting (alternative)
$439,444.10 $418,694.10
Conforming Conforming
As highlighted in the above table, Hardings Hotmix Pty Ltd‟s tender of $326,458.75 is the lowest priced. The Tender Planning and Evaluation Committee have considered the three tenders against each of the selection criteria, these being; ITEM 12.2
PAGE 123 Report to Council meeting on 24 November 2014
Relevant Experience Quality, Safety and Environmental Management Resource Base Price
The evaluation by the Committee indicates that Hardings Hotmix Pty Ltd scored highest overall against the selection criteria and therefore offers Council the best value for money. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments.
COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper on 27 September 2014 and tenders were also advertised on Council‟s web site.
FINANCIAL IMPLICATIONS The 2014/15 capital expenditure budget for the “William Street Reconstruction – Tasman to Charles Street” project is $515,000. The tender received from Hardings Hotmix Pty Ltd is $326,458.75. The breakdown of the budget for this project is summarised below in table 2. TABLE 2 No. 1
Tender Price Excluding GST
Tender Contract price
$326,458.75
Provisional item asphalt correction
$12,500.00 Contract 1279 Total
$338,958.75
2
Telstra works
$10,763.25
3
Tas Networks relocations – estimate only
$20,000.00
4
Project management/administration
$25,000.00
5
Construction contingency
$30,000.00 TOTAL
$424,722.00
RISK IMPLICATIONS
Work Health and Safety Hazard identification, risk assessment and development of safe systems of work are required to be carried out on all projects and are provided to Council prior to commencing work.
Political/Governance The tender administration and reporting processes related to this contract comply with Council‟s Code for Tenders and Contracts which was developed in compliance with section 333 the Local Government Act, 1993.
Assets, Property and Infrastructure The scope of work delivered under this contract form part of Council‟s Infrastructure Asset Management Strategy and therefore reduces the risk of asset performance and cost issues.
ITEM 12.2
PAGE 124 Report to Council meeting on 24 November 2014
Contractual/Legal Contract management of consultants and contractors is carried out in accordance with developed policy, procedures and Council‟s Code for Tenders and Contracts.
Financial The tender amount is within the budgeted allowance and monthly monitoring of expenditure will assist in avoiding any over expenditure.
Professional Indemnity/Public Liability Contracts for consulting and contracting and supply of services include clauses to mitigate risks.
CONCLUSION Taking into account the selection criteria assessment and the tendered rates, the Tender Planning and Evaluation Committee has determined that Hardings Hotmix Pty Ltd meets Council‟s requirements and is therefore most likely to offer “best value” in relation to Contract 1279.
ATTACHMENTS 1.
CT0110 William Street Committee Minutes Signed
Confidential
RECOMMENDATION That Council, in relation to Contract 1279 – William Street Reconstruction, Tasman to Charles Street: a)
award the contract to Hardings Hotmix Pty Ltd for the tendered sum, including the provisional item of $338,958.75 ex GST;
b)
note that design, project management and service relocations for the project are estimated to cost $68,263.25 ex GST; and
c)
note that a construction contingency of $30,000 ex GST is included.
Author: Position:
Shannon Eade Project Management Officer
Endorsed By: Position:
ITEM 12.2
Matthew Atkins Deputy General Manager
PAGE 125 Report to Council meeting on 24 November 2014
12.3
TENDER REPORT - CONTRACT 1270 DEVONPORT ENTERTAINMENT & CONVENTION CENTRE - HEATING, VENTILATION & AIR CONDITIONING UPGRADE File: 28536 D339179
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 2.3.3
Provide and maintain Council buildings, facilities and amenities to appropriate standards
SUMMARY To award contract 1270 for upgrade works to the Heating Cooling and Ventilation (HVAC) system at the Devonport Entertainment and Convention Centre (DECC) to Fusion Electrical and Communication.
BACKGROUND Community Energy Efficiency Program (CEEP) funding has been obtained from the Federal Government to perform numerous upgrades to a variety of Council owned buildings. The aim of the funding is to help Council reduce its energy consumption and associated costs. Typically the upgrades include installing insulation, upgrading lights to LEDs and installing energy efficient heating, ventilation and cooling (HVAC) systems. The funding covers two thirds of the capital upgrade costs with Council paying one third. In total Council has $791,133 worth of CEEP upgrades to perform in this current financial year, the largest of which is this contract for an upgrade to the HVAC system at the DECC.
The DECC at 145 Rooke Street, is an integrated complex that has been developed from two historic buildings, the Town Hall and Court House which date back to 1899. The combined floor area is approximately 1620m2. The buildings have been extensively modified and extended and now together provide a 470 seat theatre, and four function rooms of various sizes accommodating from 16 to 80 people, as well as a restaurant, ITEM 12.3
PAGE 126 Report to Council meeting on 24 November 2014
booking office, lobbies, management offices, dressing rooms, stores and plant rooms. The buildings have been modified and extended several times over their history, with varying approaches to building materials, insulation, lighting and HVAC provision. The last upgrade is recent enough to have included LED down lights and T5 fluorescent lighting in some rooms. The centre is busy with numerous community and professional stage productions in the Town Hall Theatre (typically 250 nights a year) and smaller productions, meetings and other functions hosted in each of the other rooms up to 100 days a year.
STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its own adopted Code for Tenders and Contracts when considering awarding tenders over the prescribed amount of $100,000.
DISCUSSION Pitt and Sherry were engaged to undertake energy audits on selected Council facilities in April 2013. As a result the DECC was identified as a suitable candidate for energy efficiency upgrades in relation to HVAC. Pitt and Sherry then provided a design brief to enable Council to facilitate a design and construct tender process. A Tender Planning and Evaluation Committee was formed to plan and evaluate the tender process. A design and construct tender was advertised in July 2014 however only one tender was received, which contained a large list of exemptions and clarifications. After post tender discussions with the single contractor and Pitt and Sherry it was determined that the best course of action for Council was to retender the project. In an attempt to encourage tenderers, the contract was changed from a “design and construct” to a “construct only” type contract. This meant the design had to be further detailed and upgraded to enable contractors to fully price the project. In September 2014 the tender was readvertised and closed on Tuesday, 21 October 2014. The Tender Planning and Evaluation Committee met on 5 November 2014 to evaluate the two conforming tenders received. The Tender Planning and Evaluation Committee agreed that the tender submission from Fusion Electrical and Communication has addressed the evaluation criteria specified in the Conditions of Tender and has scored highest overall. The minutes from the Tender Planning and Evaluation Committee are attached as a confidential attachment.
COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper in July 2014 and again in September 2014, tenders were also advertised on Council‟s web site.
FINANCIAL IMPLICATIONS At the tender closing time two conforming tenders were received; Contractor Tender Price Excluding GST Fusion Electrical & Communication $233,749.00 Degree C Pty Ltd $294,000.00 This project is jointly funded by the Devonport City Council and the Federal Government through CEEP with a combined total budget allocation of $300,000. Council‟s capital commitment to this project is one third and CEEP provides two thirds. ITEM 12.3
PAGE 127 Report to Council meeting on 24 November 2014
The project management, administration and design costs required to complete this project are estimated to be in the vicinity of $33,000 which CEEP also will contribute two thirds contribution towards.
RISK IMPLICATIONS
Work Health and Safety Hazard identification, risk assessment and development of safe systems of work are required to be carried out on all projects and are provided to Council prior to commencing work.
Political/Governance The tender administration and reporting processes related to this contract comply with Council‟s Code for Tenders and Contracts which was developed in compliance with section 333 the Local Government Act, 1993.
Assets, Property and Infrastructure The scope of work or goods supplied under this contract form part of Council‟s infrastructure asset management strategy and therefore reduces the risk of asset performance and cost issues.
Contractual/Legal Contract management of consultants and contractors is carried out in accordance with developed policy, procedures and Council‟s Code for Tenders and Contracts.
Financial The tender amount is within the budgeted allowance and monthly monitoring of expenditure will assist in avoiding over expenditure.
Environmental/Public Health Consideration has been given to the existing asbestos components of the facility and will be assessed through the work health and safety hazards assessment process.
Communication/Reputation The contractor is required to liaise with DECC staff to coordinate construction works around events.
Professional Indemnity/Public Liability Contracts for consulting and contracting and supply of services include clauses to mitigate risks.
CONCLUSION Taking into account the selection criteria assessment and the tendered rates, the Tender Planning and Evaluation Committee has determined that Fusion Electrical and Communication has satisfied the selection criteria. It is therefore determined that Fusion Electrical and Communication offer best value in relation to Contract 1270.
ATTACHMENTS 1.
CB0050 Tender Planning & Evaluation Committee Minutes Signed
ITEM 12.3
Confidential
PAGE 128 Report to Council meeting on 24 November 2014
RECOMMENDATION That Council in relation to Contract 1270 Devonport Entertainment and Convention Centre, Heating, Ventilation & Air Conditioning upgrade: a)
award the contract to Fusion Electrical and Communication for the tendered lump sum of $233,749.00 ex GST; and
b)
note that the design, project management and administration costs for this project are estimated at $33,000.00 ex GST.
Author: Position:
Jamie Goodwin Technical Support Supervisor
Endorsed By: Position:
ITEM 12.3
Matthew Atkins Deputy General Manager
PAGE 129 Report to Council meeting on 24 November 2014
12.4
TENDER REPORT CONTRACT 1276 WASTE TRANSFER File: 29881 D345650
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council‟s Strategic Plan 2009-2030: Strategy 1.4.2
Facilitate, and where appropriate, undertake improvements in waste and recycling collection, processing services and facilities
SUMMARY To award contract 1276 to Veolia Environmental Services for the collection and cartage of waste bins from the Spreyton Waste Transfer Station to the Dulverton Regional Waste Management Authority landfill facility for a 36 month period with an option for further extensions.
BACKGROUND This contract is for the rental, maintenance, collection and cartage of waste bins from the Spreyton Waste Transfer Station in Bay Drive Spreyton for disposal at the Dulverton Regional Waste Management Authority (DRWMA) landfill facility. Following disposal of waste at the landfill site the Contractor is required to return the empty bins to the Spreyton Waste Transfer station for reuse. The Contract for the collection, cartage and disposal of the full bins is a seven day a week operation. The Contractor is responsible for the handling, cartage and maintenance of the bins. The service includes transporting the following waste:
General waste Hazardous waste Mulched green waste Mattresses Cardboard
STATUTORY REQUIREMENTS Council is required to comply with Section 333 of the Local Government Act 1993 and its adopted Code for Tenders and Contracts when considering awarding tenders over the prescribed amount of $100,000.
DISCUSSION Tenders were advertised on 13 September 2014 and closed on 8 October 2014. In accordance with Council‟s Code of Tenders and Contracts a Tender Planning and Evaluation Committee was formed to evaluate the tenders received. Tender documents were requested by six companies. Three tenders were received, all of which were conforming tenders. The following table summarises the estimated annual cost: No.
Tender
Status
Tender Price excluding GST
1
Veolia Environmental Services
Conforming
$250,938.60
2
Kellys Waste Management
Conforming
$250,545.12
3
Toxfree Solutions
Conforming
$294,510.00
ITEM 12.4
PAGE 130 Report to Council meeting on 24 November 2014
The Tender Planning and Evaluation Committee have considered the three tenders against each of the selection criteria. The selection criteria were:
Relevant Experience Quality, Safety and Environmental Management Price
Kelly‟s Waste Management clarified there would be a three month delay in servicing the contract due to manufacturing the required bins. Veolia Environmental Services provided a rebate to Council for cardboard collection, a projected forecast per year is summarised in Appendix A. Further clarification was sought from Veolia Environmental Services regarding the $0 allowance for mattresses and mulch bins in Appendix A. There is no charge for these bins from Veolia Environmental Services. As Toxfree Solutions were out of the pricing range no clarification was requested from them. Veolia Environmental Services also clarified item 11. The rate for item 5 & 8 on public holidays and weekends is $136.50 per bin. Veolia Environmental Services has held the current waste transport contract for the past ten years and has provided excellent service and performed very well during this time. The evaluation by the Committee indicates that Veolia Environmental Services scored highest overall and therefore offers Council the best value for money. The Tender Planning and Evaluation Committee minutes have been provided to Aldermen as confidential attachments.
COMMUNITY ENGAGEMENT A public advertisement calling for tenders was placed in the Advocate Newspaper on 13 September 2014 and tenders were also advertised on Council‟s web site.
FINANCIAL IMPLICATIONS Council has a budget allocation of $265,000 for the waste transport contract for the current 2014/15 financial year. This contract is a schedule of rates contract. The rates have been projected out based on the previous twelve months waste volumes for the purpose of reviewing the tenders. The attached Appendix A details the likely estimated annual expenditure for this service.
RISK IMPLICATIONS
Work Health and Safety Hazard identification, risk assessment and development of safe systems of work are required to be carried out on all projects and are provided to Council prior to commencing work.
Contractual/Legal Contract management of consultants and contractors is carried out in accordance with developed policy, procedures and Council‟s Code for Tenders and Contracts.
Professional Indemnity/Public Liability Contracts for consulting and contracting and supply of services include clauses to mitigate risks
ITEM 12.4
PAGE 131 Report to Council meeting on 24 November 2014
CONCLUSION Taking into account the selection criteria assessment and the tendered rates, the Tender Planning and Evaluation Committee has determined that Veolia Environmental Services meets Council‟s requirements and is therefore most likely to offer “best value” in relation to Contract 1276.
ATTACHMENTS 1.
Waste Transfer Contract 1276 Evaluation Committee Minutes Signed
2.
Contract 1276 Waste Transport Appendix A
Confidential
RECOMMENDATION That Council in relation to contract 1276 Waste Transport - Spreyton WTS to Dulverton award the contract based on the tendered schedule of rates listed below to Veolia Environmental Services. DESCRIPTION 1 2 3 4 5 6 7 8
9
10
11 12 13
QTY
UNIT
Veolia Environmental Services
4
Each
$380.00
1
Each
$45.00
1
Each
$45.00
1
Each
$45.00
1
Each
$78.00
1
Bin
$45.00
1
Bin
$110.00
1
Bin
$110.00
1
Bin
$105.00
1
Bin
$110.00
1
Bin
$136.50
1
Tonne
-$30.00
1
Bin
$110.00
Monthly Hire / rental & maintenance on 40 cubic metre bin Monthly Hire / rental & maintenance on 4 cubic metre capacity “hazard” bin Monthly Hire / rental & maintenance on 12 cubic metre capacity “hazard” bin Monthly Hire / rental & maintenance on 15 cubic metre cardboard bin Collect 15 cubic metre cardboard bin Monthly Hire / rental & maintenance on 7 cubic metre silage wrap bin Collect 40 cubic metre mattress bin Collect 40 cubic metre bin from the Spreyton WTS. Cart bin to the DRWMA facility, dispose of waste and return bin to Spreyton WTS. Collect 4 cubic metre “Hazard” bin from the Spreyton WTS. Cart bin to the DRWMA facility, dispose of waste and return bin to Spreyton WTS. Collect 12 cubic metre “Hazard” bin from the Spreyton WTS. Cart bin to the DRWMA facility, dispose of waste and return bin to Spreyton WTS. When bins are required - Extra cost over items 5 & 8 for collection and cartage of bins outside normal working hours (Sat, Sun & Public Holidays): Cardboard rebate Collect mulch from the Spreyton WTS to the DRWMA facility
Author: Position:
Shannon Eade Project Management Officer
Endorsed By: Position:
ITEM 12.4
Matthew Atkins Deputy General Manager
PAGE 132 Contract 1276 Waste Transport Appendix A
ATTACHMENT [2]
ITEM 12.4
PAGE 133 Report to Council meeting on 24 November 2014
13.0
CLOSED SESSION
RECOMMENDATION That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2005, the following items be dealt with in Closed Session. That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2005 the following items which are confidential matters be dealt with in Closed Session; 13.1 Applications for Leave of Absence 13.2 Unconfirmed minutes - Cradle Coast Authority Board meeting, Dulverton Regional Waste Management Authority Board meeting and Dulverton Regional Waste Management Annual General Meeting meeting
Item No
Matter
Local Government (Meeting Procedures) Regulations 2005 Reference
13.1
Applications for Leave of Absence
15(2)(i)
13.2
Unconfirmed minutes - Cradle Coast 15(2)(f) Authority Board meeting, Dulverton Regional Waste Management Authority Board meeting and Dulverton Regional Waste Management Annual General Meeting
ITEM 13.0
PAGE 134 Report to Council meeting on 24 November 2014
CLOSURE There being no further business the Mayor declared the meeting closed at
ITEM 13.0
pm.