NOTIICE OF MEE ETING hereby giv ven that an n ordinary M Meeting of the Devo onport Cityy Council will w be held d Notice is h in the Council Ch hambers, 44-48 4 Bestt Street, Devonport D , on Mon nday 25 May M 2015,, commenc cing at 6:30pm. he public a at 6:30pm. The meetiing will be open to th
QUA ALIFIED PERS SONS dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e In accord reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.
Paul Westt GENERAL MANAGER R 015 20 May 20
AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 25 MAY 2015 AT THE COUNCIL CHAMBERS AT 6:30PM Item
1.0
Page No.
APOLOGIES Ald G F Goodwin Ald L M Perry
2.0
DECLARATIONS OF INTEREST
3.0
PUBLIC QUESTION TIME .............................................................................. 3
3.1
Responses to questions raised at prior council meetings (D369648)...................................... 6
4.0
CONFIRMATION OF MINUTES........................................................................ 8
4.1
Minutes of a Council meeting held 27 April 2015 ...................................................................... 8
4.2
Minutes of a special Council meeting held 11 May 2015 ........................................................ 8
5.0
WORKSHOPS & BRIEFING SESSIONS .............................................................. 9
5.1
Workshop and Briefing Sessions held since the last Council meeting (D369073)................. 9
6.0
PLANNING AUTHORITY MATTERS ................................................................ 10
7.0
NOTICES OF MOTION ............................................................................... 11
7.1
14 Murray Street, East Devonport - State Heritage Register - Ald A L Rockliff (D370496) ........................................................................................................................................ 11
7.2
Mersey Community Hospital - Retention of Services - Ald J F Matthews (D370705).......... 12
8.0
MAYORAL REPORT ................................................................................... 14
8.1
Mayor's Monthly Report (D370507)............................................................................................. 14
9.0
GENERAL MANAGER'S REPORTS ................................................................. 16
9.1
General Manager's Report - May 2015 (D363646) .................................................................. 16
9.2
Amendment to Delegations - Land use Planning and Approvals Act 1993 (D369268) ........................................................................................................................................ 44
9.3
Governance and Finance Committee Meeting - 18 May 2015 (D370140) ........................ 48
9.4
Rotary Club of Devonport North - Proposed Seawalk Project (D370157) ........................... 54
10.0
CUSTOMERS AND COMMUNITY REPORTS ..................................................... 56
10.1
Cradle Country Marketing Group Partnership Agreement (D364324) ................................ 56
11.0
TECHNICAL AND FINANCE REPORTS ............................................................ 65
11.1
Tender - Engineering Services - Stage 1 Living City (D370139) .............................................. 65
12.0
CLOSED SESSION - CONFIDENTIAL MATTERS ................................................ 68
CLOSURE ............................................................................................................. 69
PAGE 5 Report to Council meeting on 25 May 2015
Agenda of a meeting of the Devonport City Council to be held at the Council Chambers, Fenton Way, Devonport on Monday, 25 May 2015 commencing at 6:30pm. PRESENT Present Chair
Ald S L Martin (Mayor) Ald A L Rockliff (Deputy Mayor) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald J F Matthews Ald L M Perry
Apology
√
√
IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. Members of the public in attendance at the meeting who do not wish for their words to be recorded and/or published on the website, should contact a relevant Council Officer and advise of their wishes prior to the start of the meeting.
1.0 APOLOGIES
The following apology was received for the meeting. Ald Goodwin Ald Perry
Leave of Absence Leave of Absence
2.0 DECLARATIONS OF INTEREST
ITEM 3.1
PAGE 6 Report to Council meeting on 25 May 2015
3.0
PUBLIC QUESTION TIME
3.1
RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS File: 22624 D369648
Meeting held 27 April 2015 Reproduced below is the response dated 7 May 2015 to Mr Trevor Smith’s question: “I write in response to your questions, raised at the Council Meeting held on 27 April 2015. Question 1: “As a resident of Devonport, could you please be transparent with the ratepayers of Devonport, about your borrowings of $12.5 million dollars for the LIVING CITY Project. With estimated construction costs of $280 million plus. Why didn’t you publicise the borrowings to the local media. Surely this isn’t being transparent with the community, are you being so secretive that you think the ratepayers of Devonport will not want to know what you are doing!” Council has purchased, primarily through borrowings a number of strategic properties to progress the implementation of the LIVING CITY Master Plan. The public have been made fully aware of these decisions and the extent of borrowings has been clearly articulated in various methods - these include Council Open agenda reports, publically distributed facts sheets, media releases and website updates. A quarterly LIVING CITY update forms a regular part of the Council agenda and includes current details on capital and operational expenditure on the project. For your information I attach a copy of the report provided to Council at its meeting on 23 March 2015. Question 2: “Do you intend to sell off this valuable ratepayers land to a developer at commercial rates?” Yes, Council have not brought these strategic properties with a view of long term ownership, but rather to facilitate development. When Council is confident that the sites will be suitably developed and market conditions are favourable, Council will be looking to sell these assets to achieve the best possible outcome for the community. Question 3: “I object to one of Devonport Council employee’s ringing me up on my mobile on Friday the 24th April 2015 in relation to the LIVING CITY Project. I don’t give out my mobile number freely to anyone including the Devonport City Council. My address has been here for correspondence. Why has this been allowed to happen?” I note that you had previously provided your mobile number to Council at some stage as it was recorded in our property data base. My understanding of the call was to offer you the opportunity for a briefing on LIVING CITY following the publishing of a letter in the Advocate Newspaper which contained a number of factual errors. As you have now indicated that you do not wish your mobile number to be used by any Council officer for contact with you I have arranged for it to be removed from our records. In future all communication with you will be in writing forwarded to your postal address.” ITEM 3.1
PAGE 7 Report to Council meeting on 25 May 2015
Meeting held 27 April 2015 Reproduced below is the response dated 11 May 2015 to Mr Douglas Janney’s question: “In Public Question Time at the Council meeting held on Monday 27 April 2015, you asked the following: “Why has the Council short-changed the pedestrians by not putting in a centre island at the pedestrian crossover and hence making it much safer for pedestrians to cross as there would have been only 1 lane, not 2 lanes of traffic to contend with at the one time?” The primary reason for not constructing a pedestrian island is that it would have resulted in a reduction of on-street parking of up to 8 spaces. On-street parking is critical for the businesses in the Fourways. Other factors that influenced the decision include the existence of pedestrian crossings at the traffic lights at either end of the Fourways which provide opportunity for those that don’t feel comfortable using the midblock crossing and that accident records indicate that since 2008 only one incident has occurred in the vicinity and that involved a motorised scooter. The reconstructed crossing is more prominent, providing better visibility for both pedestrians and motorists as well as a shorter crossing distance than the previous crossing. Council consider the final layout adequately balances these competing priorities and are of the view that the current arrangements provide the most suitable outcome for all stakeholders.”
ATTACHMENTS
RECOMMENDATION
That the report advising of responses to questions raised at a prior Council meeting be received and noted.
ITEM 3.1
PAGE 8 Report to Council meeting on 25 May 2015
4.0
CONFIRMATION OF MINUTES
4.1
COUNCIL MEETING - 27 APRIL 2015
RECOMMENDATION That the Minutes of the Council meeting held on 27 April 2015 as circulated be taken as read and confirmed.
4.2
SPECIAL COUNCIL MEETING - 11 MAY 2015
RECOMMENDATION That the Minutes of the special Council meeting held on 11 May 2015 as circulated be taken as read and confirmed.
ITEM 4.0
PAGE 9 Report to Council meeting on 25 May 2015
5.0
WORKSHOPS & BRIEFING SESSIONS
5.1
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 4 May 2015
Description Budget
6 May 2015
LIVING CITY
Tas Ports
18 May 2015
Budget
George Russell
22 May 2015
Budget
Purpose Items considered at this Workshop included: 1. Draft Long Term Financial Strategy and Plan 2. Operational Budget 2015/16 3. Capital Works Budget 2015/16 4. Draft 5-year Capital Program 5. Proposed Fees & Charges 2015/16 A presentation on draft designs for the Civic Building and proposed Food Market by Architects. A briefing provided to Aldermen on plans for the dredging works required in the Mersey River Continuation from previous Workshop relating to budget matters including preliminary rate modelling as a result of the recent municipal wide revaluation. Mr Russell requested an opportunity to provide comments on operational aspects relating to the Devonport Recreation Centre to Aldermen. Continuation from previous Workshop relating to rate modelling.
RECOMMENDATION
That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted.
ITEM 5.1
PAGE 10 Report to Council meeting on 25 May 2015
6.0
PLANNING AUTHORITY MATTERS There are no items in this agenda to be considered by Council in its capacity as a Planning Authority.
ITEM 6.0
PAGE 11 Report to Council meeting on 25 May 2015
7.0
NOTICES OF MOTION
7.1
14 MURRAY STREET, EAST DEVONPORT - STATE HERITAGE REGISTER ALD A L ROCKLIFF File: 20408 D370496
In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman A L Rockliff.
MOTION
“That Council contact the owner of 14 Murray Street, East Devonport and encourage/suggest that they endeavour to have the property de-listed from the State Heritage Register.”
ALDERMAN’S COMMENTS This property (the old Post Office building) has been the subject of discussion for several years now and has continued to deteriorate over the years, with Heritage Council listing severely restricting the possibilities for its use. The property is the first thing seen by travellers disembarking from the Spirits and the ability to improve/demolish/enhance the property would certainly be a plus for the City and East Devonport in particular. The property has been the subject of Council debate in the past however it would seem that the Heritage Council may now be more amenable to discussions. OFFICER’S COMMENTS Council in April 2011 passed a similar resolution in relation to the property at 14 Murray Street, East Devonport. At that time Council indicated to the owners of the property that should they wish to instigate the reassessment of the property in accordance with the Historic Cultural Heritage Act 1995, the Council was willing to discuss with them its in-principle support for the application. Recent action by the Heritage Council to delist properties from the Register provides a new opportunity for the owner to consider the potential future of this property.
ITEM 7.1
PAGE 12 Report to Council meeting on 25 May 2015
7.2
MERSEY COMMUNITY HOSPITAL - RETENTION OF SERVICES - ALD J F MATTHEWS File: 27716 D370705
In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman J F Matthews.
MOTION
“That Devonport City Council requests from the Tasmanian Health Minister Mr Michael Ferguson MP, a guarantee that all current clinical services at the Mersey Community Hospital (MCH) including: a)
the Stand Alone High Dependency Unit (HDU) with Core Clinical Emergency Medicine Services;
b)
Maternity and Neonatology Services; and
c)
Medical Oncology
will be retained and maintained at their present levels as a minimum and a commitment to provide assurance to the local community that there will be no future downgrading of these services.
ALDERMAN’S COMMENTS No written supporting comments provided. Ald Matthews indicated he will provide further background as part of the debate. OFFICER’S COMMENTS Council has previously considered its position in relation to both the Green Paper and the White Paper Exposure Draft. The most recent position reached by Council (Min 73/15 refers) was: That Council note the release of the Delivering Safe and Sustainable Clinical Services White Paper Exposure Draft Report – March 2015 and continue to lobby on behalf of the community its previously adopted position that any proposed changes at the Mersey Community Hospital should only be considered if it is demonstrated: a)
a net benefit to the Mersey Community Hospital which includes no downgrading of life saving services;
b)
does not jeopardise the delivery of high quality health services across the whole region by weakening the critical mass required to do so;
c)
the North West Regional Hospital and Mersey Community Hospital playing a state-wide role in the delivery of health services to all Tasmanians.
In some respects the motion proposed by Ald Matthews could be considered to be in conflict with the position previously reached by Council. Council has consistently maintained a position that its primary focus is to ensure that that any proposed changes at the MCH are only agreed if it can be demonstrated that there is a net benefit to the hospital and does not jeopardise the delivery of high quality health services across the whole region. The motion would indicate that Council is to seek an assurance from the Minister for Health that all current services are maintained at a ITEM 7.2
PAGE 13 Report to Council meeting on 25 May 2015
minimum at their present standard which based on the Clinical Services White Paper Exposure Draft is neither clinically safe nor sustainably achievable. It is also noted that submission on the White Paper Exposure Draft closed on Friday 15 May 2015.
ITEM 7.2
PAGE 14 Report to Council meeting on 25 May 2015
8.0
MAYORAL REPORT
8.1
MAYOR'S MONTHLY REPORT File: 22947 D370507
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 April 2015.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION In his capacity as Mayor, Alderman Steve Martin attended the following meetings and functions during the month of April 2015:
Official Launch – Affordable Independent Living Units, East Devonport Nixon Street Primary School Pedlars Parade 7AD Radio Interview Planning Authority Committee Chat N Choose 25th Year anniversary Sherwood Business Services Austin’s Over Australia 2015 National Rally – Official Welcome Michael Gaffney MLC Resident meetings Health Minister Michael Ferguson – Launceston All about reptiles – Devonport LINC Learning Communities Reclaim the Lane – Launched State “National Youth Week” Southern Cross Young Achievers Awards – Hobart Don College – Mayor’s Charity Gala Infrastructure Works & Development Committee Vivienne Gale – candidate for Legislative Council Breast Cancer Awareness Breakfast Peter Phillips – Masters Games Devonport Energy Efficiency Program Media Launch Tim Hess Devonport-Don Presbyterian – induction of new Minister ABC radio interview DCCI Business Luncheon Devonport & Surrounds Tourism Association Medical Advisory Committee, Steele Street Clinic ITEM 8.1
PAGE 15 Report to Council meeting on 25 May 2015
Pirate Day Men’s Health Forum – Devonport RSL Pam Muth - ACIL Allen Consulting Local Government Reform Meeting – Cradle Coast Authority ANZAC Centenary Dinner Community Services Committee Barry Gibson – AFL Tasmania Blessing & Opening West Court Centre – St. Brendan Shaw College Matthew Jago YFCC Board Meeting School Principals meeting Community Safety Special Interest Group Education Forum – Burnie Rural Health Student Presentations – Mersey Community Hospital Advocate interview ANZAC DAY Dawn Service Morning Service Devonport RSL Advocate interview – Mersey Cup Council Ordinary Meeting Devonport Community House Tasmanian Logistic Committee – Launceston Family & Child Health Centre, East Devonport Australian Bureau of Agricultural, Resource Economics & Science Regional Outlook Conference – Devonport LIVING CITY Architects LGAT General Meeting - Hobart
ATTACHMENTS Nil
RECOMMENDATION That the Mayor’s monthly report be received and noted.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 8.1
Paul West General Manager
PAGE 16 Report to Council meeting on 25 May 2015
9.0
GENERAL MANAGER'S REPORTS
9.1
GENERAL MANAGER'S REPORT - MAY 2015 File: 29092 D363646
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, 22 April to 20 May 2015. It also provides information on matters that may be of interest to Aldermen and the community.
BACKGROUND The report is provided on a regular monthly basis and addresses a number of management and strategic issues currently being undertaken by Council. The report also provides regular updates in relation to National, Regional and State based local government matters as well as State and Federal Government programs.
STATUTORY REQUIREMENTS Council is required to comply with the provisions of the Local Government Act 1993 and other legislation. The General Manager is appointed by the Council in accordance with the provisions of the Act.
DISCUSSION 1.
COUNCIL MANAGEMENT 1.1.
Attended and participated in a number of internal staff and management meetings.
1.2.
Attended Workshops, Section 23 Committee and Council Meetings as required.
1.3.
Met with a consultant from KPMG interested in undertaking any projects that Council may initiate and/or be involved with in response to the Minister for Local Government’s requests for councils to consider voluntary mergers. The current position of Council in relation to this issue was outlined.
1.4.
Continued involvement with the preparation of the 2015/16 budget including workshops with Aldermen.
1.5.
Met with the Valuer-General to be briefed on the outcome of the revaluation of the Devonport Municipal Area. Following receipt of valuation data modelling is currently being undertaken on the likely impact on rates for the 2015/16 financial year.
1.6.
Attended the Burnie Supreme Court in relation to the ongoing matter of a dispute over the legitimacy of Council to impose rates. This hearing follows the matter being determined in the Magistrate’s Court in Council’s favour. The matter in the Supreme Court was heard by Justice Porter and following
ITEM 9.1
PAGE 17 Report to Council meeting on 25 May 2015
submissions by the applicant and Council’s legal representatives Justice Porter reserved his decision which will be provided in writing in due course. 1.7.
2.
Met with a consultant in relation to opportunities to provide staff training.
LIVING CITY 2.1.
Participated in a number of Working Group meetings with the Consultants P+i Group. The purpose of the Working Group is to ensure that Council management is kept up to date on the activities being undertaken by P+i Group on behalf of Council. The Working Group meetings are scheduled to occur approximately fortnightly.
2.2.
Met with the Deputy Premier’s Deputy Chief of Staff to discuss the State Government’s commitment to LIVING CITY and the progress in ensuring that the sites committed by the Government to the project will be made available when required to allow LIVING CITY to proceed in a timely manner. It was advised that further information will be available from the Government’s perspective in relation to the transfer of the LINC and Magistrates Court following the State Budget.
2.3.
P+i Group and representatives of Lyon’s Architects attended a Council Workshop to brief Aldermen on the preliminary designs for the Civic Building, Food Market and Car Park associated with Stage 1 of LIVING CITY.
2.4.
Met with the Chief Executive Officer of TT-Line to provide a briefing on the Council’s LIVING CITY plans. This was an opportunity for the newly appointed CEO to understand what Council plans are for the rejuvenation of the Central Business District and to ascertain if there were likely any synergies that could be explored for how Council can work closer with the TT-Line going forward. Mr Dwyer was very positive in relation to his comments about LIVING CITY and is keen to forge a close working relationship going forward.
2.5.
The first meeting of the LIVING CITY Reference Group was held on 20 May. The Reference Group was established by Council and includes both Government and Community Representatives as follows: Name
Representing
Mayor Martin (Chair)
Council
Hon Jeremy Rockliff MP
State Government
Sylvia Sayers
Devonport Chamber of Commerce & Industry
John Perry
Coordinator General
Tim Hess
Community
Andrew Billing
Community
Johdi Wilkinson
Community
Paul West
Council
Matthew Atkins
Council
Alderman Leon Perry
Council
ITEM 9.1
PAGE 18 Report to Council meeting on 25 May 2015 2.6.
3.
4.
Council has been advised of its successful application to the National Stronger Regions Fund – Round One. Formal notification of the success of Council’s application has been provided by the Deputy Prime Minister, Hon Warren Truss. A copy of Mr Truss’ letter is provided as an attachment. In due course the funding agreement will be provided for Council consideration.
COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.
Met with a representatives of Tas Rail and Crown Land Services to discuss ongoing access issues with the rail corridor at Coles Beach. It was determined that further consideration will be given to closing off the access to the rail corridor to prevent unauthorised vehicles traversing the area.
3.2.
Attended the Devonport Community House volunteer recognition afternoon tea. An opportunity was provided for a tour of the facilities at the Community House including the Men’s Shed and the Community Garden.
3.3.
With the Mayor attended a morning tea at Devonfield Enterprises as part of National Volunteers Week. This was an opportunity to be briefed on the activities provided through Devonfield and to gain a greater appreciation of the significant impact the service has on its clients, families and volunteers.
3.4.
Attended the Council organised Volunteer Breakfast at the Bass Strait Maritime Centre as part of National Volunteers Week. This event was an opportunity for Council to recognise its many volunteers who freely give up their time to provide support to a number of activities run by Council.
3.5.
With the Mayor visited Tassie Pride Glasshouse to gain an appreciation of their operations.
3.6.
Attended the Devonport Chamber of Commerce and Industry luncheon at which Federal Member for Braddon, Brett Whiteley was the guest speaker. Brett outlined the Federal Government Budget with a particular emphasis on its impacts for the local area.
NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.
Attended the Local Government Association of Tasmania (LGAT) General Meeting in Hobart where the main topic for discussion was the Minister for Local Government’s Voluntary Amalgamation program. The Mayor, Deputy Mayor and Deputy General Manager also attended this meeting. A number of presentations were provided to the audience in an attempt to stimulate further discussion on the topic in the future. In particular the presentation by Professor Graham Samson - Director Australian Centre for Excellence in Local Government and a member of the Independent Review Panel appointed by the New South Wales Government to consider structural reform of local government in that State, was the most thought provoking and challenging address. Mr Samson indicated that his focus was on his recent experience and work in NSW. Local government reform whether amalgamations or shared services it was important to get the process right and that it was imperative to have a framework with the primary aim to deliver a reasonable decision and result. In NSW the brief from State Government was to come up with options with the goal to improve the strength and effectiveness of local government. There was a need to build local government strategic capacity to address current and ITEM 9.1
PAGE 19 Report to Council meeting on 25 May 2015
future challenges – from both individual councils and the local government sector as a whole. On the issue of sustainability and local democracy it was clear that these issues were primary aims. With a 13 percent cut in Financial Assistance Grants (FAGs) going forward and the fact that the carve up of FAGS has been something that local government has not wanted to touch in the past he raised the question as to whether the current local government system was fit for purpose in the future including responding to:
system/individual council issues;
growing tensions between the critical objectives of local government and the strategic capacity of councils to respond;
coping with the ever increasing complexity of service delivery and the demand for new services;
understanding the needs and aspirations of community;
how to relate to the state and federal governments;
resources are absolutely fundamental;
councils will become more not less dependent on rates;
if the grant pool reduces and the demand for services grow the only option is the rates base;
skills are crucial;
expectation that we will find new ways of doing things - Canberra reviewing competition policy; and
more generally local governments own credibility.
Mr Samson indicated that in his opinion there is too much emphasis on the management aspect of local government rather than political emphasis. In NSW his Panel undertook a process to identify 'councils at risk', resulting in a large proportion for one reason or another being considered to be at risk if viewed looking 10-20 years ahead. As a result the Panel took a close look at the regional cooperation models operating in NSW. Research and experience shows that regional cooperation can provide significant results providing you have the right structures - they are not a soft option - success rates tend to wax and wane – as do working relationships - as many shared services models have failed over the years as those that have succeeded - very few examples of extensive sharing of 'core' services - often seen as an add-on. In NSW the report found that not one size fits all - metro area a different scenario to regional NSW – proposal was for creating a network of high capacity local councils who could become strong players with State Departments. There was a higher need for strong and vibrant local governments in the metropolitan area - suggested reducing 40 councils to about 18 - package of proposals - amalgamation was part of the package, strong regional organisations, new forms of local governance - other complementary proposals including improved financial and asset management, updating rating system, state-wide finance office, better governance, changes to local/state relationships, consistent data and benchmarking - use of data for comparative analysis: ITEM 9.1
PAGE 20 Report to Council meeting on 25 May 2015
Lessons – Queensland:
1992-1996 - reduced from 166 councils to 157;
2007-2008 reduced 157 councils to 73 – this was a “club fist and closed door process”.
2013 – de-amalgamation polls 16 sought polls, only 4 were granted and all 4 succeeded
Need to look behind the processes - in 2007/08 did have clear objectives - did a good job in following through - regional development agenda - better planning and environmental management - was not about keeping the rates down it was about positioning local government to ensure sustainable and viable communities - amalgamations are an opportunity not an outcome 2007/8 amalgamations are proving satisfactory with growing public acceptance - structural reform is not an overnight solution - about a decade long process - success relies on leadership In contrast in New Zealand there is an independent standalone Local Government Commission - that body decides, however there is a binding referendum requirement built into their processes. Objectives have to be clear from the outset - not necessarily financial, cost savings - focus has to be on the community - benefit needs to consider the full range of options. Modelling is often problematic – “rubbish in rubbish out” - must stick to the objectives - independent analysis and presentation of information to the community - vested interests need to be sidelined - method of consultation is critical - disruption and transition costs are always thrown up - these issues are overstated. Clear understanding and objectives are vital to maintain focus on desired outcomes - don't get lost in legal and administrative detail - make sure the legal process is sound and capable of delivering the desired outcome - it's not over until the last pieces of the jigsaw is in place - major structural change takes time - careful thought and planning - extensive community consultation - sound state-local relations. Overall it may well be disruptive and costly, but as a general rule the benefits can be expected in the medium term. Mark Ryan, Chief Executive Officer, Tassal provided an insight into how he operates his business and how a lot of what he does could be considered in a local government context. He spoke about how egos sometimes get in the way of achieving a good outcome and the need to keep an eye on the future. In particular aspects relating to strategic planning, financial planning and being prepared to take people on the journey by knowing what your competitive advantages are whilst at the same time recognising that sustainability needs to be at the core of everything you do. There were also presentations provided by Rose Bruhn from the City of Melbourne relating to the introduction of LEAN thinking across that organisation and Steve Crowe and Brent Reeman on initiatives being pursued in Queensland around strategic shared services. The LGAQ has established a ITEM 9.1
PAGE 21 Report to Council meeting on 25 May 2015
separate business arm to be the service delivery arm of a number of services to Queensland Councils.
5.
4.2.
Attended a Regional Meeting on Waste Management Governance arrangements in the Cradle Coast region. The CCA Waste Management Working Group has been reviewing how services are delivered from a regional perspective over the last couple of years. A consultant, Mike Richie and Associates have prepared a report which recommends the creation of a Regional Waste Joint Authority that would be charged with managing and delivering waste services across the region. There is no agreed path forward in relation to the recommendation and the purpose of this meeting was to explain the rationale and benefits of a regional approach. The matter will be subject to further consideration by Council in due course.
4.3.
Attended a forum organised by the Cradle Coast Authority relating to the potential for improved shared services in the region. All Councils were represented and the forum was externally facilitated by Dr Joel Burns. Dr Burns is a mainland consultant who has provided assistance to local government in pursuing shared services agenda in New South Wales. As a result of the meeting it was determined that a proposal would be prepared for member council consideration which seeks funding from the State Government to investigate opportunities that may exist in the Cradle Coast region for enhanced shared services models.
STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.
Met with representatives of the Tasmanian Audit Office (TAO) to discuss their draft value management report titled ‘Management of Roads in Tasmania’. Each year the TAO will select a number of councils to participate in value management studies. This particular review involved four councils including Devonport, Central Highlands, Northern Midlands and Waratah-Wynyard. The Audit criteria involved: 1.
Was there an effective annual maintenance program?
2.
Was there an effective renewal and upgrade program?
3.
Were roads in reasonable condition for their required use?
4.
Were road network costs comparable with other local government councils?
5.
Were councils taking up available funding opportunities?
6.
Was the public kept informed about the state of council roads?
The Auditor-General will table the report in Parliament in the near future after which it will then be made available to Council and the public. 5.2.
Attended a briefing by Tas Ports on their proposal to dredge the Mersey River. It was advised that dredging works are necessary to ensure that the river remains accessible for shipping services. Significant work has been undertaken by Tas Ports to ensure that the dredging works do not adversely impact on the environment. Protocols have also been developed to minimise the impact on residents that live within close proximity to the river particularly considering it is likely to be a 24/7 activity for a number of weeks.
5.3.
Council will recall that at its 27 April 2015 meeting it determined its response to the draft Strategic Action Plans relating to the Role of Local Government ITEM 9.1
PAGE 22 Report to Council meeting on 25 May 2015
Project. A response to Council’s comments has been received from the Director of Local Government together with the finalised Strategic Action Plan document endorsed by the Premier’s Local Government Council. A copy of the correspondence is attached for the information of Aldermen. 6.
OTHER 6.1.
LGAT recently called for nominations for appointment of a Local Government representative on Tasmanian Suicide Prevention Steering Committee. The request was circulated to Aldermen for their information. The Deputy Mayor, Ald Rockliff submitted an expression of interest for appointment to this Committee.
6.2.
Advice has been received that the LGAT state-wide Customer Satisfaction Survey for 2015 is soon to commence. LGAT have appointed EMRS to undertake the survey and the timetable set is as follows:
Fieldwork – 22 to 29 May
Draft Report – 12 June
Final Report presented to LGAT Conference – late July
COMMUNITY ENGAGEMENT The information included above details any issues relating to community engagement.
FINANCIAL IMPLICATIONS Any financial or budgetary implications related to matters discussed in this report will be separately reported to Council. There is not expected to be any impact on the Councils’ operating budget as a result of this recommendation.
RISK IMPLICATIONS Any specific risk implications will be outlined in the commentary above. Any specific issue that may result is any form of risk to Council is likely to be subject of a separate report to Council.
CONCLUSION This report is provided for information purposes only and to allow Council to be updated on matters of interest.
ATTACHMENTS 1.
Action Report on Council Resolutions - May 2015
2.
Letter - Department of Premier and Cabinet - draft Strategic Action Plan (SAP)pdf
3.
National Stronger Regions Fund Round One - Construction Of Stage 1 LIVING CITY Project
ITEM 9.1
PAGE 23 Report to Council meeting on 25 May 2015
RECOMMENDATION That the report of the General Manager be received and noted.
Author: Position:
Paul West General Manager
ITEM 9.1
PAGE 24 Action Report on Council Resolutions - May 2015
ATTACHMENT [1]
DEVONPORT CITY COUNCIL ACTION REPORT ON COUNCIL RESOLUTIONS - MAY 2015 OPEN SESSION MEETING DATE
RESOLUTION NO
April 2015
Â
RESPONSIBLE OFFICER
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
71/15
Installation of Slip Lane - Middle Road Overpass - Ald G F Goodwin
Completed
Letter dated 12 May 2015 has been forwarded.
73/15
Delivering Safe and Sustainable Clinical Services White Paper Exposure Draft - March 2015
Completed
Advice provided Council.
by
GM
74/15
Role of Local Government Project
Completed
Advice provided to Local Government Division.
GM
76/15
Formation of Lease Policies
In progress
Draft released for comment.
GM
77/15
LGAT - Election of Members to General Management Committee
Write to the Minister for Infrastructure requesting the installation of traffic management solution including the consideration of a slip lane off the access ramp from the highway to Middle Road in order for traffic to turn left. Note release of Draft Report and continue to lobby on behalf of community its previously adopted position that any proposed changes at Mersey Community Hospital should only be considered if it is demonstrated: a) a net benefit to Mersey Community Hospital which includes no down-grading of life saving services; b) does not jeopardise delivery of high quality health services across whole region by weakening the critical mass required to do so; c) North West Regional Hospital and Mersey Community Hospital playing a state-wide role in delivery of health services to all Tasmanians. Provide comments aimed at furthering the Role of Local Government project in relation to the draft Strategic Action Plan. Release draft Community, Childcare and Commercial Lease Policies for four week consultation period; and note results of consultation and any proposed changes to Policies will be provided to Council. Alderman Martin nominated for 2015 election to the General Management Committee.
Completed
Nomination form posted 29 May 2015.
GM
Â
ITEM 9.1
as
determined
DGM
PAGE 25 Action Report on Council Resolutions - May 2015 MEETING DATE
RESOLUTION NO
April 2015
ATTACHMENT [1]
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
78/15
Financial Assistance Grants to Local Government
Completed
Letter prepared.
79/15
Infrastructure, Works and Development Committee - 13 April 2015
Acknowledge importance of federal funding for continued delivery of Council’s services and infrastructure and that Council will receive $1,984,371 in 2014-15. Furthermore Federal Government funding be appropriately identified as Commonwealth grant funding in Council publications. IWC 8/15 That presentation regarding proposed Don River walking/ cycling track be noted and a report be prepared for consideration by Council. IWC 9/15 Contract 1286 – Roadside Mowing award contract to Mareeba Trust for tendered sum of $45,120 (ex GST). IWC 10/15 Contract 1288 - Security Patrol - award contract to JRB Protection for tendered sum of $25,550 (ex GST) per annum. IWC 11/15 Tender Report – Contract 1287 - Weed Control - award contract to Steeds Weeds Solutions for tendered sum of $65,664 (ex GST). IWC 13/15 Meercroft Park Reserve Car Park Project: 1. continue to assist Meercroft Care Inc. to find possible solutions for their future car parking options; and 2. carry forward $82,500 from 2014/15 capital expenditure budget for construction of an extension to existing car park at Meercroft Park Reserve; and 3. authorise General Manager to undertake further discussions with Meercroft Care Inc. regarding their desire to potentially acquire public land for purpose of meeting future car parking needs for their facility; requesting that outcome of these discussion be subject of a future Council report. IWC 14/15 Road Network Strategy be adopted with immediate effect.
In progress
Report being prepared for June Infrastructure Works and Development Committee.
ITEM 9.1
Completed Contract has been awarded. Completed Contract has been awarded. Completed Contract has been awarded. In progress Preliminary design work commenced and discussion underway with Meercroft Home for the Aged.
Completed
RESPONSIBLE OFFICER GM
DGM
PAGE 26 Action Report on Council Resolutions - May 2015 MEETING DATE April 2015
RESOLUTION NO 82/15
ATTACHMENT [1]
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
Removal of Trees at Home Hill
Noted Arborists report and due to identified safety concerns trees be removed, subject to confirmation of support from National Trust and stakeholders
In progress
83/15
Laneway Lovett Street
Completed
84/15
Mersey Bluff Sea Walk
Accept offer from DHHS to transfer ownership of service laneway off Lovett Street to Council and commit to undertaking basic maintenance of laneway Noted concept proposal from Rotary Club of Devonport North for construction of Sea Walk around Mersey Bluff headlands and support Club to progress with undertaking feasibility study into the idea.
Awaiting advice from Heritage Council & National Trust prior to works undertaken. Adjacent property owner to be informed prior to works. Positive correspondence received from Lyons family. Letter sent to DHHS advising of Council decision.
off
ITEM 9.1
Completed
Meeting held with Rotary Club representatives advising of Council’s position.
RESPONSIBLE OFFICER EM (CS)
DGM
DGM
PAGE 27 Action Report on Council Resolutions - May 2015
ATTACHMENT [1]
Previous Council Resolutions - still being actioned MEETING DATE
RESOLUTION NO
March 2015
49/15
52/15
February 2015
January 2015
RESOLUTION/ITEM
STATUS
COMMENTS
Budget Allocation Planting of Trees Ald L M Laycock Rooke Street Mall Improvements
Deferred pending Working being held.
Completed
Referred to Workshop on 18 May 2015
Made a determination in relation to its capital budget for improvements in the Rooke Street Mall.
In progress
Meeting scheduled with DCCI on Friday, 29 May to progress public address system concept. Community Development Strategic Special Committee endorsed recommendation by East Devonport Special Interest Group to obtain costings. Provisional estimates of $1.5M have been provided by Infrastructure & Works Manager. Installation scheduled for early June.
EM (C&B)
In Progress
SEMF have been engaged to undertake the study with a final report to be provided by June 2015.
DGM(IW&D)
In Progress
Maintaining a watching brief in regards to this issue.
GM
In progress
Discussions are continuing with the Lions Club.
DGM(IW&D)
In Progress
Consultation to be undertaken as part of National Youth Week. Further Youth Engagement Plan to be developed.
EM (CS)
30/15
Entry Corridor - Ferry Terminal to Bass Highway - Ald J F Matthews
Eastern Shore Committee be requested to review original Eastern Shore Redevelopment Plans to develop an approach to prioritising enhancement of road corridors from Spirit of Tasmania Ferry Terminal at East Devonport and the Bass Highway.
In progress
35/15
Community Services Committee Meeting - 16 February 2015 Drainage Issues 160B Sheffield Road and Gibson Court Subdivision - Ald J T Keay
CSC 4/15
Completed
3/15
RESPONSIBLE OFFICER
TOPIC
308/14
Budget Airline
December 2014
316/14
Spirit of the Sea Level of Service
October 2014
211/14
Youth Engagement
In relation to outdated Bass Highway tourism signage endorse proposed design and proceed with installation. Engage a suitable consulting firm to prepare a report on drainage issues related to 160B Sheffield Road and Gibson Court subdivision with a requirement that the Consultant engaged be required to consult directly with the property owners. Remain committed to working with neighbouring Councils, State Government and Tas Ports on growing the potential of Devonport Airport including attracting a budget airline; and note securing a budget airline at this time it not high priority for Airline industry or State Government’s Access Plan. Accepted Lions Club of City of Devonport Inc offer to reinstate infrastructure associated with the Statue; noting requirement to allocate additional funds in future budgets for operating and maintenance costs. Continue youth engagement through Council activities and determined that the Youth Policy be reviewed and included within Community Development Framework. Further that technology be used to seek input and feedback from young people.
ITEM 9.1
GM
EM (CS)
EM (CS)
PAGE 28 Action Report on Council Resolutions - May 2015
MEETING DATE
RESOLUTION NO
October 2014
221/14
ATTACHMENT [1]
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
Council owned land
List as a future Workshop topic the options which may be available for the Council owned land adjacent to the entry/exit to the Spirit of Tasmania ferry terminal at 2-12 Murray Street, East Devonport, acquired in 2009.
In progress
To be listed for Workshop discussion.
ITEM 9.1
RESPONSIBLE OFFICER EM (CS)
PAGE 29 Action Report on Council Resolutions - May 2015
ATTACHMENT [1]
CLOSED SESSION MEETING DATE
RESOLUTION NO
April 2015
88/15
89/15
TOPIC Closed Session Infrastructure, Works and Development Committee Meeting - 13 April 2015 Community Representatives LIVING CITY Reference Group
RESPONSIBLE OFFICER
RESOLUTION/ITEM
STATUS
COMMENTS
That a dwelling be declared a dilapidated building and a Dilapidated Building Notice be served on the executors of the Estate of the former owner.
Completed
Show Cause Notices and covering letters send to Executors.
DGM
Appointed community representatives and expended the TOR to include three community members.
Completed
First meeting held 20 May 2015.
DGM
Previous Council Resolutions - still being actioned MEETING DATE
RESOLUTION NO
March 2015
63/15 66/15
February 2015
44/15
December 2014
320/14
June 2014
132/14
TOPIC Purchase of Property Purchase of Pontoon
Options for Acquisition of Property LIVING CITY Business and Professional Precinct Proposal Fenton Villas
RESPONSIBLE OFFICER
RESOLUTION/ITEM
STATUS
COMMENTS
General Manager authorised to finalise purchase agreement. Council noted action taken regarding purchase of pontoon and made a determination to finalise purchase agreement. General Manager undertake preliminary investigations on options which may be available to Council for acquiring property. Support preparation in conjunction with Devonport Central Pty Ltd of proposal for new business relocation into King Street.
In progress
Agreement being negotiated.
GM
Completed
Contract for purchase finalised and signed.
GM
Liaising with Housing Choices re contractual obligations.
ITEM 9.1
In progress
GM
Ongoing
Awaiting response from potential tenant.
DGM(IW&D)
Completed
Report to Governance and Finance Committee meeting on 18 May 2015.
EM (C&B)
PAGE 30 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 31 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 32 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 33 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 34 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 35 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 36 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 37 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 38 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 39 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 40 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 41 Letter L - Department of Pre emier and Ca abinet - draft Strategic Ac ction Plan (SAP)pdf (
ITEM 9.1
ATTTACHMENT [2 2]
PAGE 42 National N Stron nger Regionss Fund Round d One - Consstruction Of Sttage 1 LIVING G CITY C Project
ITEM 9.1
ATTTACHMENT [3 3]
PAGE 43 National N Stron nger Regionss Fund Round d One - Consstruction Of Sttage 1 LIVING G CITY C Project
ITEM 9.1
ATTTACHMENT [3 3]
PAGE 44 Report to Council meeting on 25 May 2015
9.2
AMENDMENT TO DELEGATIONS - LAND USE PLANNING AND APPROVALS ACT 1993 File: 30029 D369268
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 The purpose of this report is to enable Council to authorise the General Manager and other appropriate Council officers to issue infringement notices under the newly proclaimed enforcement powers of the Land Use Planning and Approvals Act 1993 (the Act).
BACKGROUND Long awaited enforcement powers under this Act were proclaimed to commence on 20 April 2015. Those powers will enable an “authorised” Council officer to serve an infringement notice on a person, if of the opinion that the person has committed a prescribed offence. For the purposes of the offences incorporated in the amendment it will allow Council to avoid the former time consuming and expensive process where a civil action had to be commenced before the Resource Management and Planning Appeal Tribunal (where for instance a person was found to be in breach of planning permit conditions). A summary of the new offences prescribed at Part 6 of the Land use Planning and Approvals Amendment Regulation (S.R 2015, No 14) is set out below. Infringement Offence (section of Act)
Infringement Offence (description)
Infringement Penalty Penalty Units (Individual)
Infringement Penalty Penalty Units (Body Corporate)
57(4A)
A person must not obscure or remove a notice of an application for a permit displayed on the land that is the subject of the application within the time period specified.
2
2
60Q(8)
A person must not, within the period specified in the notice under subsection (1), obscure or remove a notice given under subsection (1) that is displayed on the land to which the notice relates.
2
2
63(3)
A person who uses land or undertakes development in a way that contravenes any
15
75
ITEM 9.2
PAGE 45 Report to Council meeting on 25 May 2015
State policy or a condition of a sealed scheme is guilty of an offence punishable, on summary conviction. 80P(1)
A person must not falsely include in a document, that purports to be a copy of –
15
15
15
15
15
15
(a) an authorised version of an electronic planning instrument or of an electronic policy instrument; or (b) selected provisions of such an authorised version – a certificate that purports to be a certificate under section 80N. 80P(2)
A person must not falsely represent that a document is a copy of – (a) an authorised version of an electronic planning instrument; or (b) an authorised version of an electronic policy instrument – that has been produced by the Commission under section 80N.
80P(3)
A person must not falsely represent that a document is a copy of – (a) an authorised version of an electronic planning instrument; or (b) an authorised version of an electronic policy instrument.
The value of a penalty unit is set from time to time by the State Government. It presently stands at $140. The Act at section 65A now provides provisions about infringement notices. It is set out below.
65A. Infringement notices (1)
An authorised officer may issue an infringement notice and serve it on a person if the officer reasonably believes that the person has committed an infringement offence.
ITEM 9.2
PAGE 46 Report to Council meeting on 25 May 2015
(2)
An infringement notice may not be served on an individual who has not attained the age of 16 years.
(3)
An infringement notice –
(4)
(5)
(a)
is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005; and
(b)
is not to relate to more than 4 offences.
The regulations – (a)
may prescribe the penalty applicable to each infringement offence that is payable under an infringement notice; and
(b)
may prescribe different penalties for bodies corporate and individuals.
The penalty prescribed for any infringement offence is not to exceed 20% of the maximum penalty that could be imposed on an individual by a court in respect of the offence.
The Act provides that an infringement notice for a prescribed offence may only be issued by an “authorised officer”. At present no Council officers are authorised. STATUTORY REQUIREMENTS Section 65A of the Land use Planning and Approvals Act 1993 allows that infringement notices may be issued to a person or body corporate that commits a prescribed offence. Such infringement notices may only be issued by an authorised officer. DISCUSSION Delegations as “authorised” persons will be required by relevant Council officers to ensure the effective administration of the new compliance powers set out in the Land Use Planning and Approvals Act 1993. The recommended wording for the delegation instrument is “Authority to serve an infringement on a person, if of the opinion that the person has committed a prescribed offence (S65A)” COMMUNITY ENGAGEMENT This is a statutory power introduced by amendment to State legislation. No community consultation is required. FINANCIAL IMPLICATIONS No financial implications arise out of this report. RISK IMPLICATIONS
Contractual/Legal Legal implications are possible if Council attempts to issue an infringement notice without appropriate delegation instruments in place.
CONCLUSION It is necessary to delegate appropriate Council officers as “authorised officers” to ensure the effective administration of the new compliance and enforcement powers provided by recent amendments to the Land use Planning and Approvals Act 1993.
ITEM 9.2
PAGE 47 Report to Council meeting on 25 May 2015
ATTACHMENTS Nil
RECOMMENDATION That pursuant to section 6 of the Land Use Planning and Approvals Act 1993 (the Act) Council delegates the exercise of the power to issue an infringement notice for a prescribed offence as set out in section 65A of the Act, and appoints as Authorised Officers for the purpose of this Act:
General Manager, Paul West
Deputy General Manager, Matthew Atkins; and
Development & Health Services Manager Brian May; or
Any person acting in the above positions as required.
Author: Position:
Brian May Development Manager
and
Health
Services
Endorsed By: Position:
ITEM 9.2
Matthew Atkins Deputy General Manager
PAGE 48 Report to Council meeting on 25 May 2015
9.3
GOVERNANCE AND FINANCE COMMITTEE MEETING - 18 MAY 2015 File: 29468 D370140
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 open session of the Governance and Finance Committee meeting held on Monday, 18 May 2015.
ATTACHMENTS 1.
Minutes - Governance and Finance Committee - 18 May 2015
RECOMMENDATION That the minutes of the open session of the Governance and Finance Committee held on Monday, 18 May 2015 be received and the recommendations contained therein be adopted. Open Session GFC 13/15
Parking Strategy Action Plan Progress (D359085)
GFC 14/15
Annual Plan Progress Report - March-April 2015 (D365535)
GFC 15/15
Public Land Register (D365566)
GFC 16/15
Council Policy Review - Boundary Fencing Policy, Dilapidated Building Policy, Council Committees Policy, Driveway Policy, Asset Management Policy, Equal Employment Opportunity (EEO) and Diversity Policy & Recruitment and Selection Policy, Credit Card Policy (D367073)
GFC 17/15
Elected Members’ Expenditure Report - March - April 2015 (D367334)
GFC 18/15
General Manager’s Delegations - Right to Information Act 2009, Personal Information Protection Act 2004 & Public Interest Disclosures Act 2002 (D367682)
GFC 19/15
Loan to Tasmanian Community Resources Inc (D369068)
GFC 20/15
Finance Report for April 2015 (D362485)
GFC 21/15
Governance and Finance Report (D363928)
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 9.3
Paul West General Manager
PAGE 49 Minutes M - Gov vernance an nd Finance Committee - 1 18 May 2015
ITEM 9.3
ATTTACHMENT [1 1]
PAGE 50 Minutes M - Gov vernance an nd Finance Committee - 1 18 May 2015
ITEM 9.3
ATTTACHMENT [1 1]
PAGE 51 Minutes M - Gov vernance an nd Finance Committee - 1 18 May 2015
ITEM 9.3
ATTTACHMENT [1 1]
PAGE 52 Minutes M - Gov vernance an nd Finance Committee - 1 18 May 2015
ITEM 9.3
ATTTACHMENT [1 1]
PAGE 53 Minutes M - Gov vernance an nd Finance Committee - 1 18 May 2015
ITEM 9.3
ATTTACHMENT [1 1]
PAGE 54 Report to Council meeting on 25 May 2015
9.4
ROTARY CLUB OF DEVONPORT NORTH - PROPOSED SEAWALK PROJECT File: 26983 D370157
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 3.2.3
Facilitate a pro‑active approach by business to embrace tourism opportunities
SUMMARY This report is provided to assist Council in considering a request from the Rotary Club of Devonport North for financial assistance to progress the feasibility study for their Mersey Bluff Sea Walk proposal.
BACKGROUND Council has previously been briefed on the proposal by the Rotary Club for a Sea Walk attraction to be developed at Mersey Bluff. At the Council meeting on 27 April 2015 it was determined (Min 84/15 refers): That Council: 1.
note the concept proposal from the Rotary Club of Devonport North to construct a Sea Walk around the Mersey Bluff headlands;
2.
support the Club to progress with undertaking a feasibility study into the idea.
STATUTORY REQUIREMENTS Any grant or benefit provided is to be recorded in Council’s Annual Report.
DISCUSSION The Rotary Club has now written to Council seeking a financial contribution towards the cost of undertaking the feasibility study. The Club has been advised that a feasibility study would cost in the vicinity of $45,000. The Club is seeking a $15,000 contribution from Council to assist in meeting the total cost on the proviso that they are successful in obtaining a Government Grant. The grant fund they are currently considering requires a $ for $ co-contribution. The report provided to Council at its 27 April 2015 meeting indicated that there were no immediate financial implications for Council as the advice provided by the Club was that they intended to fund the feasibility study utilising a Government Grant. The Club has also indicated that “we will also approach the Cradle Coast Authority for funding and our own Rotary Club and other local service clubs to attempt to raise the other $10,000 required to reach the $25,000 amount to be matched by the TDDI Fund” The Rotary Club has also established a Steering Committee to specifically drive the project. At the Workshop session with Council it was suggested that Council may like to appoint a representative to the Steering Committee. The Club has now formally requested that Council appoint a representative to the Steering Committee. At the Workshop Ald Goodwin indicated that he would have an interest in being involved.
ITEM 9.4
PAGE 55 Report to Council meeting on 25 May 2015
COMMUNITY ENGAGEMENT No specific community engagement has been undertaken in relation to this project by Council however the Rotary Club of Devonport North as the main driver of the proposal has independently canvassed various community views. Any feasibility study undertaken will also likely include some form of community consultation process.
FINANCIAL IMPLICATIONS The request from the Rotary Club of Devonport North is for Council to contribute an amount of $15,000 towards the likely $45,000 cost of the feasibility study. A positive decision to the request by Council would require an allocation to be included in the 2015/16 budget.
RISK IMPLICATIONS Council may be criticised irrespective of whether it provides the funding or if it declines to do so. The identification of funding priorities is also relevant in the decision making process.
CONCLUSION The request from the Rotary Club of Devonport North is presented for Council consideration.
ATTACHMENTS Nil
RECOMMENDATION Option 1 That Council: (a)
advise the Rotary Club of Devonport North that it will support any grant application submitted for funding of a feasibility study relating to the Bluff Sea Walk proposal to a maximum amount of $15,000; and
(b)
appoint Ald ______________ as a Council representative on the Sea Walk Steering Committee.
Option 2 That Council: (a)
advise the Rotary Club of Devonport North that although it is very supportive of the Bluff Sea Walk Proposal it is not prepared at this time to commit funding towards the feasibility study; and
(b)
appoint Ald ______________ as a Council representative on the Sea Walk Steering Committee.
Author: Position:
Paul West General Manager
ITEM 9.4
PAGE 56 Report to Council meeting on 25 May 2015
10.0
CUSTOMERS AND COMMUNITY REPORTS
10.1
CRADLE COUNTRY MARKETING GROUP PARTNERSHIP AGREEMENT File: 28802 D364324
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 To present the Cradle Country Marketing Partnership Agreement.
BACKGROUND The Devonport & Cradle Country Marketing Partnership consists of four local governments in the Mersey Leven area undertaking tourism marketing initiatives for economic growth in the geographical area. The arrangement commenced in 2002 between Devonport and Latrobe Council. Kentish and Central Coast completed the partnership in 2008. Tourism was identified as an area which offered significant opportunities to work collaboratively. The group works together on tourism initiatives, priorities and opportunities which are strategic, sustainable and mutually beneficial and seeks to package together the area’s tourism assets in a manner that is complementary, promotes the area as a distinctly identifiable tourism region and which maximises the region’s competitive tourism advantages. The Cradle Coast Marketing Group utilise mediums that fill a gap in the marketing matrix on a State and regional level. The main marketing tool for the area is a printed Visitor guide and tourist map, highlighting the key attractions within the region. The booklet has been well received by tourists, and is provided in all Visitor Information Centres across the State, on board the Spirit of Tasmania, and also at key destinations. The use of a printed booklet is a result of industry consultation, and also providing a paper based alternative to digital marketing campaigns undertaken by Tourism Tasmania and the Cradle Coast Tourism Executive. The Cradle Country Marketing Group undertakes marketing campaigns and promotional activity that complement state and regional activity, but specifically relate to the Mersey/Leven sub regional area. Each Council contributes $15,000 towards sub regional marketing on an annual basis to the partnership. The original Partnership Agreement requires review and formalising, with this new agreement being for a term of 3 years.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report, however each of the partnering councils have included reference to their strategic plans in the agreement. Council’s Strategic Plan 2013-30 states:
ITEM 10.1
PAGE 57 Report to Council meeting on 25 May 2015
Strategy 3.2.2
Support regional tourism development through productive relationships with the State, Federal Government and regional partners
DISCUSSION The Devonport & Cradle Country Marketing Group undertakes activity on a sub-regional basis. The formalisation of a partnership agreement will ensure key objectives including:
increased visitors to the Mersey Leven Catchment through collaborative marketing campaigns;
cost effective print marketing and alternatives to print marketing;
enhanced promotion and marketing opportunities;
increased capacity of local tourism associations;
additional opportunities for industry buy in and maximising local resources;
increased communication between parties;
opportunity to showcase the Mersey Leven area; and
collaborative marketing to leverage State and regional initiatives.
The Devonport and Cradle Country Marketing Group currently undertakes marketing and promotion through print literature, activity that is not undertaken by the Cradle Coast Tourism Executive on a regional basis, or by Tourism Tasmania on a State basis. The activity currently fills a gap that exists in the marketing of this sub region.
COMMUNITY ENGAGEMENT The Devonport & Cradle Country Marketing Group continues to meet on a regular basis and have reviewed the partnership agreement. The Cradle Country Marketing Group has industry representation, with marketing and promotion initiatives being industry led. The other parties to the agreement have committed to its progression at recent Council meetings.
FINANCIAL IMPLICATIONS A contribution of $15,000 per annum is required from the Devonport City Council. Provision has been made in the 2015/16 Marketing operational budget.
RISK IMPLICATIONS
Political/Governance The partnership agreement and supporting terms of reference and annual plan will be required to be reported to Council on an agreed basis. The reporting of the Marketing group will require consistency across all participating Councils.
Communication/Reputation There is a risk that if Council withdrew financial support for the marketing and promotion of the Devonport and Cradle Country area, that the Council would be perceived in a negative way by the Tourism Industry and operators.
CONCLUSION The Devonport & Cradle Country Marketing Group provides marketing activity that is beneficial to Devonport, Kentish, Latrobe and Central Coast Councils. A formalised
ITEM 10.1
PAGE 58 Report to Council meeting on 25 May 2015
partnership agreement will provide commitment from all parties, and streamline the annual plan activity, and reporting process.
ATTACHMENTS 1.
Cradle Country Marketing Group Partnership Agreement 2015 (incl tech model actions) (2)
RECOMMENDATION That Council endorse the Devonport and Cradle Country Marketing Partnership Agreement as attached to this report.
Author: Position:
Stuart Jones Manager Marketing & Promotion
Endorsed By: Position:
ITEM 10.1
Evonne Jones Executive Manager Services
Community
PAGE 59 Cradle C Counttry Marketing g Group Partn nership Agre ement 2015 (incl tech model m action ns) (2)
ITEM 10.1
ATTTACHMENT [1 1]
PAGE 60 Cradle C Counttry Marketing g Group Partn nership Agre ement 2015 (incl tech model m action ns) (2)
ITEM 10.1
ATTTACHMENT [1 1]
PAGE 61 Cradle C Counttry Marketing g Group Partn nership Agre ement 2015 (incl tech model m action ns) (2)
ITEM 10.1
ATTTACHMENT [1 1]
PAGE 62 Cradle C Counttry Marketing g Group Partn nership Agre ement 2015 (incl tech model m action ns) (2)
ITEM 10.1
ATTTACHMENT [1 1]
PAGE 63 Cradle C Counttry Marketing g Group Partn nership Agre ement 2015 (incl tech model m action ns) (2)
ITEM 10.1
ATTTACHMENT [1 1]
PAGE 64 Cradle C Counttry Marketing g Group Partn nership Agre ement 2015 (incl tech model m action ns) (2)
ITEM 10.1
ATTTACHMENT [1 1]
PAGE 65 Report to Council meeting on 25 May 2015
11.0
TECHNICAL AND FINANCE REPORTS
11.1
TENDER - ENGINEERING SERVICES - STAGE 1 LIVING CITY File: 27122 D370139
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.4.1
Develop and implement a CBD Master Plan aligned to the key LIVING CITY principles based on community engagement outcomes
SUMMARY This report recommends Council award multiple tenders for Engineering Design Services for Stage One of LIVING CITY as follows: 1.
Structural, Façade and Environmental Sustainable Design – Aurecon $147,900
2.
Building Services – Aecom with Engineering Solutions Tasmania $476,500
3.
Civil, Roads and Stormwater – Pitt & Sherry $96,000
BACKGROUND LIVING CITY will occur in three stages. Stage One includes the creation of a new MultiPurpose Building which will incorporate an 800 seat convention centre, Council offices, LINC, Service Tasmania and community space. Stage One also includes the first two levels of the multi storey carpark and the Food Pavilion. The Food Pavilion consists of anchor tenants, plus indoor/outdoor space for a food market and other food orientated activities. Stage One is the catalyst for the whole project and enables the remainder of LIVING CITY to occur by releasing land to be used in later stages. Projects and Infrastructure Pty Ltd (P+i) have been engaged by Council as Development Managers and have overseen the consultant selection process.
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 for contracts over the prescribed amount of $100,000.
DISCUSSION The tender for Engineering Services has been carried out as a two stage process in accordance with Council’s Code of Tenders and Contracts. Expressions of interest for Architectural Services and Engineering Design were publically advertised on 2 December 2014 with a closing date of 16 December 2014. Interested parties were requested to submit their business profile and relevant credentials by the closing date. Sixteen engineering submissions were received as part of this first stage, following which, on the basis of their credentials, a shortlist of organisations were invited to prepare detailed submissions in specific engineering areas. P+i have completed an assessment of the second round of submissions and their confidential report is attached. The report recommends that three separate contracts be awarded as follows:
ITEM 11.1
PAGE 66 Report to Council meeting on 25 May 2015
1.
Structural, Façade and Environmental Sustainable Design – Aurecon for lump sum of $147,900 (ex GST).
2.
Building Services – Aecom with Engineering Solutions Tasmania for lump sum of $476,500 (ex GST).
3.
Civil, Roads and Stormwater – Pitt & Sherry for lump sum of $96,000 (ex GST).
P+i recommend acceptance of pricing through to construction commencement, but intend instructing the consultants to proceed with Stages 1 and 2 only at this time, in order to enable Council to cease the contract after the Development Approval should it need to for any reason. With the receipt of $10 million in National Stronger Regions Funding, it is now imperative to appoint engineers as soon as possible to advance the design of Stage 1 to ensure that the funding timeframes are met.
COMMUNITY ENGAGEMENT An advertisement seeking Expressions of Interest for Architectural Services and Engineering Design was placed in The Advocate on 2 December 2014.
FINANCIAL IMPLICATIONS The following table outlines the recommended fee proposals: Stage
Structural, façade, ESD
Building Services
Civil Engineering
1 – Concept Design
$20,150
$87,500
$29,000
2 – DA
$33,150
$127,000
$31,000
3 – Design Development
$94,600
$262,000
$36,000
$147,900
$476,500
$96,000
TOTAL
The total fee across all engineering disciplines is approximately 1.7% of the estimated total construction cost which is considered to be within normal parameters. Council has allocated $4,112,090 in the 2014/15 financial year for capital expenditure associated with LIVING CITY. This allocation was provided to progress the design and approval process for LIVING CITY, along with funding any necessary additional property acquisitions. A large portion of this allocation will be carried forward to the 2015/16 financial year and will be used to fund the proposed engineering design contracts.
RISK IMPLICATIONS
Financial The financial risks with LIVING CITY are significant and a robust financial model has been developed to inform decisions for the best long term financial outcomes.
Communication/Reputation Council have invested significantly in LIVING CITY and the community expectation that the strategy will be delivered is very high. Council risk enormous reputational damage if the Master Plan is not implemented.
ITEM 11.1
PAGE 67 Report to Council meeting on 25 May 2015
CONCLUSION The tender for Engineering Design Services has been carried out as a two stage process in accordance with Council’s Code of Tenders and Contracts. The process is now complete and it is recommended that three separate contracts be awarded.
ATTACHMENTS 1.
Engineering Consultants EOI Evaluation - FINAL2
Confidential
RECOMMENDATION That the report in relation to the provision of engineering services for Stage One of LIVING CITY be received and noted; and Council award the following three contracts: a)
Structural, façade, Environmental Sustainable Design to Aurecon for the lump sum of $147,900;
b)
Building Services to Aecom with Engineering Solutions Tasmania for the lump sum amount of $476,500; and
c)
Civil, Roads and Stormwater to Pitt & Sherry for the lump sum amount of $96,000.
Author: Position:
Rebecca McKenna Project Officer
Endorsed By: Position:
ITEM 11.1
Matthew Atkins Deputy General Manager
PAGE 68 Report to Council meeting on 25 May 2015
12.0
CLOSED SESSION
RECOMMENDATION 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;
Item No
Matter
Local Government (Meeting Procedures) Regulations 2005 Reference
12.1
Applications for Leave of Absence
15(2)(i)
12.2
Claim for Compensation
15(2)(j))
12.3
Unconfirmed minutes - Cradle Coast 15(2)(f) Authority Board meeting held on 14 April 2015
12.4
Closed Session - Governance and 15(2)(f) Finance Committee Meeting - 18 May 2015
12.5
Expressions of Interest - Conference 15(2)(c) Centre Operator
12.6
Maidstone Controlling Council
Park Authority
-
Management 15(2)(e) Request to
ITEM 12.0
PAGE 69 Report to Council meeting on 25 May 2015
CLOSURE There being no further business the Mayor declared the meeting closed at
pm.