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 27 April A 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 22 April 20
AGENDA FOR AN ORDINARY MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 27 APRIL 2015 AT THE COUNCIL CHAMBERS AT 6:30PM Item
1.0
Page No.
APOLOGIES Ald C D Emmerton Ald LM Laycock
2.0
DECLARATIONS OF INTEREST
3.0
PUBLIC QUESTION TIME .............................................................................. 6
3.1
Responses to questions raised at a prior Council meeting or Section 23 Committee (D363482) .................................................................................................................... 6
4.0
CONFIRMATION OF MINUTES........................................................................ 9
4.1
Minutes of an Council meeting held 23 March 2015 ................................................................ 9
5.0
WORKSHOPS & BRIEFING SESSIONS ............................................................ 10
5.1
Workshop and Briefing Sessions held since the last Council meeting (D363963)............... 10
6.0
PLANNING AUTHORITY MATTERS ................................................................ 11
7.0
NOTICES OF MOTION ............................................................................... 12
7.1
Installation of Slip Lane - Middle Road Overpass - Ald G F Goodwin (D366487) ............... 12
8.0
MAYORAL REPORT ................................................................................... 13
8.1
Mayor's Monthly Report (D365528)............................................................................................. 13
9.0
GENERAL MANAGER'S REPORTS ................................................................. 16
9.1
Delivering Safe and Sustainable Clinical Services - White Paper Exposure Draft March 2015 (D365322) .................................................................................................................. 16
9.2
Role of Local Government Project (D365068).......................................................................... 25
9.3
Council Budget Consultation (D365577) ................................................................................... 42
9.4
Formation of Lease Policies (D353252) ...................................................................................... 66
9.5
Local Government Association of Tasmania - Election of members to General Management Committee (D365873) ........................................................................................ 79
9.6
Financial Assistance Grants to Local Government (D366688) .............................................. 81
9.7
Infrastructure, Works and Development Committee Meeting - 13 April 2015 (D366501) ........................................................................................................................................ 86
9.8
Community Services Committee Meeting - 20 April 2015 (D367217)................................... 93
9.9
General Manager's Report - April 2015 (D363638) .................................................................. 97
10.0
CUSTOMERS AND COMMUNITY REPORTS ................................................... 120
10.1
Removal of trees at Home Hill (D363485) ............................................................................... 120
11.0
TECHNICAL AND FINANCE REPORTS .......................................................... 143
11.1
Laneway off Lovett Street (D364919) ....................................................................................... 143
11.2
Mersey Bluff Sea Walk (D366904) .............................................................................................. 150
12.0
CLOSED SESSION - CONFIDENTIAL MATTERS .............................................. 157
PAGE 5 Report to Council meeting on 27 April 2015
Agenda of a meeting of the Devonport City Council to be held at the Council Chambers, Fenton Way, Devonport on Monday, 27 April 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 Emmerton Ald Laycock
Leave of Absence Apology
2.0 DECLARATIONS OF INTEREST
PAGE 6 Report to Council meeting on 27 April 2015
3.0
PUBLIC QUESTION TIME
3.1
RESPONSES TO QUESTIONS RAISED AT A PRIOR COUNCIL MEETING OR SECTION 23 COMMITTEE File: 29468 D363482
Governance and Finance Committee meeting held 16 March 2015 Reproduced below is the response dated 19 March 2015 to Mr Doug Janney’s question: “I refer to the questions you raised at the Governance and Finance Committee meeting on Monday 16 March 2015. In particular the question related to Item 4.8 on the Committee’s meeting agenda. Capital Budget The capital budget amount included in the adopted 2014/15 Annual Plan document is $12,373,874. The Annual Plan was adopted by Council in June 2014 prior to the end of the financial year. This total included an amount of $1,924,500 representing an estimate for the value of capital projects that would possibly be carried forward due to them being uncompleted at 30 June 2014. This is the amount represented in the graph on Page 98. On completion of the 2013/14 Financial Statement, the exact carried forward value for the projects not completed at 30 June 2014 was assessed and the capital budget amended accordingly. The updated value of carried forward projects was $2,557,336. A revision to the capital budget was provided in a report to the Governance and Finance Committee meeting in September 2014. This adjusted amount increased the value of the capital budget to $12,997,849. This is the amount represented on Page 96. I note the confusion caused by the different figures included in the report and advise that in future, all references to the total capital budget will be amended to reflect the updated budget. Capital Graphs As identified by you, the total actual capital expenditure to 28 February 2015 is well below the expected level as represented in the graph on Page 98, however when the commitment amounts are taken into account the total capital expenditure is $6,238,970 and is therefore ahead of the budgeted position. When a contract is issued a commitment is raised against that project and recorded in the capital summary report provided to Council. In future an additional line will be included on the graph indicating the value of actual expenditure and commitments authorised for capital works during the financial year. It is noted however that not all commitments recorded may actually be completed by year-end and in such circumstances the item will be carried forward. Capital Bar Chart Council reviewed its reporting processes at the beginning of the 2014/15 financial year and it was decided to combine the financial information and ITEM 3.1
PAGE 7 Report to Council meeting on 27 April 2015
a progress update on capital expenditure into the one report. This is the report produced on Page 100 and 101 of the Agenda. This combined report does provide commentary on the current status of each project and there is no intention to revert to producing the separate bar chart.” Council meeting held 23 March 2015 Reproduced below is the response dated 26 March 2015 to Douglas Janney’s question: “In Public Question Time at the Council meeting on Monday 23 March 2015 you asked the following question: “Did the Council receive a copy of the Devonport Apex Regatta Association Inc’s. ‘Permit under the Environmental & Pollution Control (Miscellaneous Noise) Regulation 2014’ or such other relevant Regulation for the Power Boat activities on the day prior to and on the day of the Regatta?” Council holds a copy of a Permit under Regulation 4 of the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004, issued to the Australian Power Boat Association by the Director of the Environment Protection Authority on 9 November 2012. The Permit is No 2012-2 and allows for the operation of motor vessels at an aquatic event, including the Regatta conducted on the Mersey River. The Permit is in force for a period of three years from the date of issue.” Infrastructure Works and Development Committee meeting held 13 April 2015 Reproduced below is the response dated 22 April 2015 to Mr Doug Janney’s question: “I refer to your questions at Council’s Infrastructure and Works Committee on 13 April which the Chairman advised would receive a written response. Question 1: “What changes have been made if any to the maintenance procedures and practices since the Richardson Stand issue so that assets do not fall into the condition described above?” Council have numerous assets with exposed structural steelwork which require periodic application of a suitable coating system. These assets are inspected annually and itemised as identified major maintenance work which are then considered as part of the annual budget deliberations. Question 2: “When will these seats be repaired?” Previous experience has highlighted that recoating some street furniture, such as the 3 seats you refer to is not always the most cost effective solution. The seats in Pioneer Park were installed approximately 8-10 years ago and the intention is to replace them with new seats when they reach an unacceptable state. As you mention they are badly rusted and it is likely replacement seats will be installed over the next 12 months. The replacement seats will be a standard currently being used by Council for park benches consisting of an aluminium frame with modwood slats. Question 3: “What is the Council going to do to improve the readability of the printed reports?”
ITEM 3.1
PAGE 8 Report to Council meeting on 27 April 2015
Your concerns are noted and Council will continue to be mindful of improving the readability of agendas. The sections most difficult to control are attachments provided by external parties which are scanned and included as references to Council reports. It is worth noting that often attachments such as Strategies and Polices do appear separately as standalone items on Council’s web site which you may find easier to read given they are outside the agenda format. Thank you for your interest.�
RECOMMENDATION
That the report advising of responses to questions raised at previous Council and Section 23 Committee meetings be received and noted.
ITEM 3.1
PAGE 9 Report to Council meeting on 27 April 2015
4.0
CONFIRMATION OF MINUTES
4.1
COUNCIL MEETING - 23 MARCH 2015
RECOMMENDATION That the Minutes of the Council meeting held on 23 March 2015 as previously circulated be confirmed.
ITEM 4.0
PAGE 10 Report to Council meeting on 27 April 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 23/03/2015
30/03/2015
Description LIVING CITY Update
Purpose Representatives of the P+i Group attended to provide a briefing on progress to date. Devonport Rotary North Representatives of the Rotary Club attended to provide a briefing on a proposal for a community project at the Devonport Bluff. Lease Policies Further discussion on the future arrangements for leases to community groups and sporting organisations. Role of Local Government Draft strategic actions plans as part of Project the Role of Local Government Project have been released. Item listed for informal discussion prior to the matter being listed on Council agenda. LGAT General Meeting Attendance at upcoming LGAT General Meeting regarding the Minister’s request for councils to consider voluntary amalgamations. Meetings Discussion on availability of Aldermen for future workshops relating to LIVING CITY and budgets.
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 11 Report to Council meeting on 27 April 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 12 uncil meeting on o 27 April 201 15 Report to Cou
7.0
N NOTICES OF O MOTIION
7.1
IN NSTALLATTION OF SLIP LAN NE - MIDDLE ROA AD OVERP PASS - ALD A GF G GOODWIN File: 11891 D366487 7
In accord dance with Regulation 16(5) of the Local Goverrnment (M Meeting Prrocedures) Regulations 2005, a notice of motion m hass been rec ceived from m Alderma an G F Goo odwin.
MOTION N
“That Cou uncil write to the Min nister for Inffrastructure e requestin ng the insta allation of a slip lane e off the ac ccess ramp p from the highway to o Middle Road R in ord der for trafffic to turn left.”
ALDERMAN’S COMM MENTS No suppo orting comm ments were e provided d. OFFICER’S S COMMEN NTS The Depa artment of State Gro owth have e previously y indicated that the ey are awa are of the e issue and that a slip lane at th his location n would po otentially assist traffic flow exitin ng the Basss Highway at this location. Oth her option ns are also under consideration n that may y alleviate e the issue. ect to date e has not been fun nded throu ugh the Departmen D nt of State e Growth’ss The proje budget processes. he Ministerr’s assistan nce may p provide furtther incenttive for the e proposed d works to o Seeking th be accele erated thro ough the Departmen D nt. But con nversely it may m have no impactt at all.
ITEM 7.1
PAGE 13 Report to Council meeting on 27 April 2015
8.0
MAYORAL REPORT
8.1
MAYOR'S MONTHLY REPORT File: 22947 D365528
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 March 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 March 2015:
Devonport Apex Regatta Council Workshop Senator Jacqui Lambie – Canberra Minister Julie Bishop, Brett Whiteley MP, Senator Richard Colbeck, Senator Jacqui Lambie & Peter Philips (AMGs) – Canberra Senator Anne Urquhart – Canberra Rob Bradley (AMG) & Peter Philips (AMG) – Canberra Learning Communities Special Interest Group Renew Devonport Launch Devonport Basketball Season Launch Taste the Harvest events Nerd Central Birthday celebrations DFWF Ambassador Dinner Costa – Peter McPherson, Cameron Wilkins Devonport Harness Cup Devonport SLSC Wayne Wiseman Devonport Playhouse International Women’s Day Mersey Community Care Association Mersey Leven Emergency Management Agenda meeting Spirit of Tasmania – refurbishment announcement Australian Masters Games Committee Cradle Coast Authority, Burnie Mersey Leven Emergency Management Committee meeting Tassie Garden Luncheon – Devonport Community House National Servicemen’s Association of Australia – Official Opening of meeting Men’s Shed Bendigo Bank ITEM 8.1
PAGE 14 Report to Council meeting on 27 April 2015
S.P.A.C.E. Child & Family Health Centre DFWF – “Animal ,Vegetable, Miracle” book discussion LINC Matthew Jago Regional Art Gallery Exhibition Opening Leigh Titmus & Buzz Green Resident meetings DFWF – Child & Family Health Centre “Food on a budget” Mayor Albert Van Zetten – Launceston National Sea Highway Coalition (TAS) - Launceston Hillcrest Primary School Fair Pop up Library – Teddy Bear’s Picnic Pioneer Park Run Devonport Run ABC interview – Burnie Studio Leigh Murphy Community consultation - budget Governance & Finance Committee Crown Land Services – Andrew Roberts Budget Allocator Out post – Mall Mayors meeting – Queenstown 7AD Radio Saturday interview – Masters Games Gem Stone Fair Nipples on Ripples Birthday Dinner Devonport Motor Show Young Onset Parkinson’s Support Group North West Mayor Jan Bonde LIVING CITY presentation Monthly Ordinary Meeting Learning Communities sub-committee Southern Cross Broadcasting radio interview Teleconference King Island Council – Masters Games Nixon Street Primary School Parents & Friend AGM 7AD Radio interviews Australian Trade Commission – David Dukes & Sally Chandler DECC – “Pasaje” production Citizenship Ceremony Chat n Choose Devonport Football Club – Junior Development Officer announcement Circular Head Council – Smithton; Masters Games CBMC Business breakfast DFWF – Healthy Lunch Boxes C&FHC East Devonport Australian Masters Games meeting – Burnie Spreyton Apple Festival Devonport Tennis Club DFWF – Food for Thought, LINC ABC TV interviews Advocate interview Southern Broadcasters interview Minister Ferguson & NW Mayors breakfast meeting – Burnie Don College – Mayor’s Charity Gala
ITEM 8.1
PAGE 15 Report to Council meeting on 27 April 2015
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 27 April 2015
9.0
GENERAL MANAGER'S REPORTS
9.1
DELIVERING SAFE AND SUSTAINABLE CLINICAL SERVICES - WHITE PAPER EXPOSURE DRAFT - MARCH 2015 File: 27716 D365322
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.6.2
Provide quality public and environmental health services
SUMMARY The report is provided to assist Council in further considering its position in relation to the release of the State Government’s White Paper Exposure Draft (the White Paper) titled ‘Delivering Safe and Sustainable Clinical Services’. A copy of the paper has been provided to Aldermen as a separate attachment. The report can also be accessed on the Health Department’s website at http://dhhs.tas.gov.au/onehealthsystem/white_paper
BACKGROUND The State Government released its Green Paper for consultation purposes on 10 December 2014. Council at its meeting on 27 January 2015 in relation to the Green Paper determined (Min 13/15 refers): That Council in considering the Tasmanian Government’s ‘Delivering Safe and Sustainable Clinical Services’ Green Paper’ determine to support the retention of safe and sustainable services at the Mersey Community Hospital that meet the changing health needs of our community and our region and any changes due to efficiencies of services results in: a)
a net benefit to the Mersey Community Hospital;
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.
The Minister for Health, Hon Michael Ferguson MP released the White Paper on 31 March 2015.
STATUTORY REQUIREMENTS There are no specific statutory requirements that Council need to consider in relation to this report. However Council under the functions and powers provisions of the Local Government Act 1993: 20.
Functions and powers
(1)
In addition to any functions of a council in this or any other Act, a council has the following functions: (a)
to provide for the health, safety and welfare of the community;
ITEM 9.1
PAGE 17 Report to Council meeting on 27 April 2015
(b)
to represent and promote the interests of the community;
(c)
to provide for the peace, order and good government of the municipal area.
DISCUSSION The Executive Summary of the White Paper states that the health reform program is the ‘first vital step in designing a health system that functions effectively as a true statewide service’. It goes on to indicate that ‘this stage of the reform process focuses heavily on our four major acute hospitals and each facility clearing working to its defined role in the system’. In securing safe health services the White Paper indicates ‘the first phase of acute system reform is to define the capacity and capabilities of our health facilities to provide safe and sustainable clinical services of defined complexity’. In relation to the Mersey Community Hospital the Executive Summary includes the following comments: ‘The Mersey Community Hospital will continue to provide a mixture of general hospital services to the local community as well as playing a vital role in a statewide hospital service network’. ‘Establishing an elective day surgery centre at the Mersey – surgical services are clearly not currently operating as well as they could in Tasmania. We have burgeoning waiting lists, patients waiting unacceptable times for surgery, high cancellation rates and poorer outcomes than other jurisdictions. This reform provides an opportunity to build an elective day surgery centre at the Mersey, supported by specialist surgical staff from across the State. This would be a keystone in improving Tasmania’s elective surgery performance. Too often in our current system elective surgery is cancelled due to overriding emergencies. A dedicated elective day surgery service will assist in overcoming this problem. A number of changes at the Mersey will result in a decrease in the complexity of some services provided. The current High Dependency Unit (HDU) will be changed to a short stay unit. This area will be used when critically ill or injured patients require stabilisation prior to transfer to a larger centre. These changes have been recommended by senior clinicians working in the region, due to concerns about safety and the quality of care that is able to be provided from the HDU as a result of a number of factors. These factors include low numbers of patients being managed in the HDU and ongoing recruitment difficulties resulting in high numbers of locum staff. Providing more services across the North and North West – The Mersey will have an enhanced role in providing subacute services such as palliative care, rehabilitation and geriatrics to the community of the North West. These are all important services that will be vital for the wellbeing of an ageing population with a high burden of chronic disease. Section 1.3 of the paper includes a description of the state of the current health system performance in Tasmania. It outlines that ‘the costs of delivering services in our acute hospitals are higher in Tasmania than other states, in particularly in the North West. The two North West hospitals are the most expensive hospitals in Tasmania to provide health services’. The report continues to say: ITEM 9.1
PAGE 18 Report to Council meeting on 27 April 2015
‘Medical staffing costs in the North West are very high. The North West region currently spends in excess of $10 million annually on locums to support the delivery of clinical services, many of which could be provided better and more sustainably by specialists currently employed in the Tasmanian system. Through greater collaboration across the regions we must reduce these unnecessary costs so that we can invest in better services for all Tasmanians, including new services in the North West‌..If we continue to do things the same way, then we can only expect the same unacceptable health outcomes for our population’. Obviously the major objectives in this debate has to be ensuring that the health services provided to the community are of a standard that delivers the best possible health outcomes for patients. Council in considering the issue previously determined that any changes proposed at the Mersey should only be considered if it can be demonstrated that there is: a)
a net benefit to the Mersey Community Hospital;
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 statewide role in the delivery of health services to all Tasmanians.
The White Paper at 2.3.3 provides a summary of the current situation regarding the Mersey Community Hospital and the proposed changes to the service profile:
ITEM 9.1
PAGE 19 Report to Council meeting on 27 April 2015
ITEM 9.1
PAGE 20 Report to Council meeting on 27 April 2015
ITEM 9.1
PAGE 21 Report to Council meeting on 27 April 2015
ITEM 9.1
PAGE 22 Report to Council meeting on 27 April 2015
ITEM 9.1
PAGE 23 Report to Council meeting on 27 April 2015
COMMUNITY ENGAGEMENT The Tasmanian Government is now seeking the views of the community through this White Paper Exposure Draft process. The paper indicates that the Government will among other things:
Hold public and staff fora in Burnie, Devonport, Launceston and Hobart in April/May 2015 to continue the community consultation process.
Meet with key stakeholders to discuss issues raised in the submission process.
Actively engage with general practice and the primary care sector to identify opportunities for improved utilisation of primary care capacity in the community.
Work closely with the Australian Government to put in place an agreement to secure funding for the operation of the Mersey, and the services it delivers, into the future.
Commence development of implementation pathways for the proposed reforms outlined in the White Paper. These will ensure that any preconditions for change are put in place before the clinical services changes occur. This includes making sure that there is an adequate patient transport support network across emergency and non-emergency transport.
It is indicated that the final White Paper on Delivering Safe and Sustainable Clinical Services will be released in June 2015. Council has not to date directly canvassed the views of the community in relation to the provision of health care in the Devonport and broader North West region. It is relevant to note that the delivery of health care is not specifically a local government responsibility and therefore Council’s input can realistically only be to lobby and try to influence the outcome/s which best supports its community.
FINANCIAL IMPLICATIONS There are no direct financial implications to Council in relation to the contents of this report.
RISK IMPLICATIONS The Council’s previously adopted position indicates that the paramount consideration in the reforming of Tasmania’s health system is the provision of high quality health services across the whole region which include the retention of safe and sustainable services at the Mersey Community Hospital which meet the changing health needs of the community and the region.
CONCLUSION The provision of health care is a high cost activity and is critical to the health and wellbeing of the community. As previously indicated It is difficult not being a health professional, to adequately respond to, or argue against the matters raised in the White Paper.
ATTACHMENTS Nil
ITEM 9.1
PAGE 24 Report to Council meeting on 27 April 2015
RECOMMENDATION 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;
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 statewide role in the delivery of health services to all Tasmanians.
Author: Position:
Paul West General Manager
ITEM 9.1
PAGE 25 Report to Council meeting on 27 April 2015
9.2
ROLE OF LOCAL GOVERNMENT PROJECT File: 30415 D365068
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.1.1
Promote open communication and cooperation with local and state governments in regional initiatives
SUMMARY This report is provided to assist Council in commenting on the draft Strategic Action Plan (SAP) developed through the Role of Local Government (RoLG) project.
BACKGROUND Council is in receipt of correspondence from the Director of Local Government which outlines that in 2012 the Premier’s Local Government Council (PLGC) commenced a collaborative project with local government to:
establish a clear understanding of the role and capabilities of local government;
identify strengths and capability gaps; and
develop actions to build a local government sector that is sustainable, efficient, effective and responsive to community needs.
In 2014, the PLGC established a number of joint State Government and local government working groups to identify initiatives that would build the capacity of local government. The recommendations of the working groups have been incorporated into a draft SAP (refer attachment). The draft SAP sets a three-year agenda for State Government and local government collaboration and aims to build local governments capacity in terms of economic development, collaboration, governance and legislation. The PLGC is now seeking feedback from councils on the SAP. At the conclusion of the consultation period and following any resulting amendments, the SAP will be presented to the PLGC for endorsement at its May 2015 meeting. Implementation is then proposed to be progressed and overseen by a joint State Government and local government implementation committee.
STATUTORY REQUIREMENTS There are no specific statutory requirements that Council needs to consider in relation to this report. There are likely to be statutory impacts that may occur if the SAP is adopted.
DISCUSSION The aim of the consultation is to gather feedback on the structure, contents and implementation of the SAP. In circulating the paper the following questions have been posed: 1.
Do you support the objectives of the SAP?
2.
Can you see any opportunities to enhance the SAP?
3.
What are the major obstacles facing implementation of the SAP and how might they be overcome?
4.
Do you think there are any projects that should be added to the SAP? ITEM 9.2
PAGE 26 Report to Council meeting on 27 April 2015
5.
Do you think there are any elements of the SAP that should be removed?
The draft SAP has been broken down into three areas: 1.
2.
3.
High priority projects
projects to improve external environment
projects to build council capacity
Medium priority projects
projects to improve external environment
projects to build council capacity
Low priority projects
projects to improve external environment
projects to build council capacity
In total there are 26 projects identified. While all projects on the surface appear to have good intent, with the aim to improve the effectiveness and sustainability of councils it could be argued that there is nothing new and the outcome is likely to be ‘business as usual’. Council at its meeting on 23 March 2015 considered a formal request from the Minister for Local Government relating to voluntary amalgamations. In responding to the Minister’s request Council determined: (a)
(b)
advise the Minister for Local Government that in relation to his desire to have councils consider the issue, Council: (i)
is prepared to actively participate in the modelling of options for amalgamation/s or improved shared service models with its neighbouring councils including those in the Mersey region and the broader Cradle Coast region.
(ii)
believes that any exercise around modelling relating to amalgamations is unlikely to be successful whilst it remains the State Government’s position that only voluntary amalgamations will be considered and therefore Council encourages the Minister to take the lead on the matter and consider referring the issue of local government reform more generally to the Local Government Board for advice.
formally advise its neighbouring councils of its interest in better understanding the issue of local government reform in the region and would be prepared to participate in undertaking studies of reform options including but not limited to: (i)
continuation of ad-hoc resource sharing,
(ii)
a more defined shared services model; or
(iii)
the prospect of voluntary amalgamation.
The draft SAP will require councils to provide considerable input into the process and respond to numerous surveys and information gathering exercises. There is nothing indicated in the draft SAP or the correspondence that will compel councils to accept the outcomes or even actively participate. The only reference in relation to monitoring the success or otherwise of the SAP is that “a review of the implementation of the SAP will be carried out in three years”. ITEM 9.2
PAGE 27 Report to Council meeting on 27 April 2015
The Role of Local Government Project was initially established by the former Labor State Government which has finally resulted in the draft SAP after nearly a three year process. Subsequently, the current Liberal State Government has commenced its ‘voluntary amalgamation’ discussion. Over the years there have been many other iterations of both processes and apart from creating a significant amount of work for local government and building some community expectations, little has been achieved. Council’s position on the voluntary amalgamation issue, whereby it determined to advise the Minister that it “believes that any exercise around modelling relating to amalgamations is unlikely to be successful whilst it remains the State Government’s position that only voluntary amalgamations will be considered and therefore Council encourages the Minister to take the lead on the matter and consider referring the issue of local government reform more generally to the Local Government Board for advice”, is relevant to consideration of the draft SAP.
COMMUNITY ENGAGEMENT There has not been any specific community engagement undertaken in relation to the development of the draft SAP. The current consultation appears to be limited only to councils. Consultation on the draft SAP closes on 27 April 2015, however Devonport Council has been given permission to submit its comments on 28 April following the outcome of its meeting deliberations.
FINANCIAL IMPLICATIONS Consideration of the draft SAP has no financial implications for the Council at this time. Depending on the success or otherwise of some of the projects outlined in the SAP there may be financial impacts for Council in the future (both positive and negative).
RISK IMPLICATIONS No risks have been identified at this time. The scope of some of the projects outlined may have future impacts on the Council that are currently not identified. There is a risk that the intent of the SAP to build a local government sector that is sustainable, efficient, effective and responsive to community needs will not be achieved.
CONCLUSION The draft SAP outlines a number of actions proposed to make local government more effective and sustainable into the future. The timing of the release of the SAP is interesting considering the recent push by the Minister for Local Government for councils to genuinely consider options for voluntary amalgamations. In responding to the SAP it is recommended that Council advise the State Government that although it generally supports the objectives of the actions it firmly believes that the Minister should instead demonstrate leadership in the area of local government reform more generally and refer this broader issue to the Local Government Board for review and advice.
ATTACHMENTS 1.
DPAC - Strategic Action Plan
ITEM 9.2
PAGE 28 Report to Council meeting on 27 April 2015
RECOMMENDATION That Council in relation to the draft Strategic Action Plan aimed at furthering the Role of Local Government project provide the following comments: (a)
whilst Council generally supports the objectives of the Strategic Action Plan it questions the timing of the release of the document considering the current desire by the Minister for Local Government for councils to consider voluntary amalgamations;
(b)
Council reinforces its previous advice that the State Government needs to take the lead on the issue of local government reform more generally and refer this broader issue to the Local Government Board for review and advice;
(c)
if the Strategic Action Plan is adopted that an additional requirement be included that indicates that if there is no genuine efficiency gains achieved during the implementation of the Plan that at the end of the three year review period local government will be subject of an independent review which includes potential boundary adjustments where deemed appropriate.
Author: Position:
Paul West General Manager
ITEM 9.2
PAGE 29 DPAC D - Strate egic Action Plan
ATTTACHMENT [1 1]
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9.3
COUNCIL BUDGET CONSULTATION File: 30420-01 D365577
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.
Strategy 5.4.1
Provide timely, efficient, consistent and quality services which are aligned with and meet our customers needs.
SUMMARY This report presents the outcomes from community consultation undertaken on the budget priorities for the operating and capital budgets for the 2015/16 financial year.
BACKGROUND In Council’s community satisfaction survey conducted in August 2013, Devonport residents indicated they had a strong desire for greater input into community decision making. They also indicated that financial management, provision of Council information to the community, economic development were of significant importance to them. In considering public consultation approaches for the 2015/16 budget, the framework from Council’s Community Engagement Policy was adopted. Several options were considered by Council management. Aldermen were consulted in a workshop in February 2015 on the preferred consultation option, an online budget simulator tool known as ‘Budget Allocator’. A community engagement plan was prepared, with the feedback received to be taken into consideration in the budget decision making process, together with Council’s Strategic Plan and Long Term Financial Plan. Objectives for the community engagement were defined as follows:
Seek community input regarding key priorities for the 2015/16 budget, to assist Council and management in the budget making process; Involve the community in the decision making process for the 2015/16 operating and capital budgets;
Educate the community on the complexity and competitiveness of the budgeting process;
Obtain community buy-in to the difficult process of making choices between projects and services of merit;
Help ensure a better match between community expectations and actual expenditure and delivery of services and projects.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION The 2015/16 budget online consultation consisted of five keys areas and was hosted at www.speakupdevonport.com.au:
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Council services information – Information was provided on all Council services including arts, culture and tourism, corporate operations, development and health services, roads and stormwater;
Frequently Asked Question (FAQ) – What is the budget process? Where do your Council rates go? How is LIVING CITY being funded? Why is Council asking for community input on the budget?
Budget Allocator – An online budget simulator tool allowing participants to make budget choices and see the impacts on Council services, the overall budget and their rates;
Capital Projects Survey – A survey asking participants to rank the proposed capital works projects in their order of preference;
Quick Polls – 3 polls regarding satisfaction with Council’s financial management, potential future voluntary amalgamations/resource sharing and financial support of the Imaginarium Science Centre.
The consultation achieved significant reach and commentary, particularly on social media, however the number of completed ‘budgets’ through the Budget Allocator were less than anticipated, at 66. Consultation Tool
Number of Responses
Speak Up Devonport – Budget consultation page views Speak Up Devonport – budget consultation engaged visitors
1,501 92
(ie. the number of people who have actively contributed to the project) Quick Poll – Council’s financial management responses
54
Quick Poll - Voluntary amalgamations/resource sharing responses
32
Quick Poll – Imaginarium financial support responses
20
Budget Allocator – completed budgets
66
Budget Allocator – comments received
27
Capital Works Survey – completed surveys
47
Facebook post 5/3/15: Post Reach Engagement – Post clicks Engagement – Likes, Comments & Shares Facebook post 12/3/15: Post Reach Engagement – Post Clicks Engagement – Likes, Comments & Shares Facebook post 18/3/15: Post Reach Engagement – Post Clicks Engagement – Likes, Comments & Shares
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10,588 889 184 412 19 2 729 50 3
PAGE 44 Report to Council meeting on 27 April 2015
Facebook 30/3/15: Post Reach Engagement - Post Clicks Engagement - Likes, Comments & Shares Written Submissions received
1,315 104 35 1
Budget Allocator Survey: The consultation utilised an online ‘Budget Allocator’ educational tool which provided the opportunity for residents and ratepayers to simulate adjusting the spending on Council services and see the impact of their choices on the service areas, overall budget and rates. The Budget Allocator provided options for participants to either maintain, increase or decrease spending by 5% in all service areas of Council represented in the operational budget. It provided the opportunity for participants to ‘balance’ the City’s budget and in the process, let Council know what services they valued the most. It was promoted as ‘Have a say in how your rates are spent’ and ‘How would you allocate Devonport’s 2015/16 operating budget?’. For the exercise of the Budget Allocator, an average Devonport house value of $260,000 was used, which attracts annual rates of $1,540. The ‘budget consequences’ applied to the Budget Allocator therefore indicated that a 1% increase in the Council budget would equate to a $15.40 pa rate increase for an average Devonport household. Against all budget options, an explanation as to the consequences outlining the impact in terms of service delivery and impact upon the community were provided. Of the 66 budgets completed budgets, the preferred budget options received can be summarised as follows:
Arts, Culture & Tourism
Increase spending Maintain by 5% spending 38% 42%
Buildings & Facilities
20%
70%
10%
Community Development
39%
53%
8%
Corporate Operations
8%
61%
31%
Development & Health
26%
68%
6%
Emergency Management
18%
62%
20%
Property Management
11%
57%
32%
Parking
6%
40%
54%
Parks & Reserves
28%
68%
4%
Roads
28%
55%
17%
& 21%
51%
28%
Sports, Recreation Wellbeing
existing Decrease spending by 5% 20%
Stormwater
3%
66%
31%
Waste & Recycling
25%
63%
12%
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PAGE 45 Report to Council meeting on 27 April 2015
Budget Allocator – other comments: Arts, culture & tourism: The Julie Burgess could be made into a static display to the west of the Maritime Museum if running costs continue to rise. Buildings & facilities: Fences/car barriers are in a woeful state of repair. Gardens are not inspiring, but could assist in creating local pride. Community development: Partnership agreements are important but need to be value for money. Development & health: More compliance is required to ensure Council’s Management Plans are adhered to by community members. LIVING CITY: Council appears to be too caught up in the big ideas instead of maintaining its current assets in pristine condition. You told us that LIVING CITY wouldn’t impact rates, however in the first year of LIVING CITY there were millions in the budget for it. Ratepayers don’t have the ability to pay. Keep pushing forward with LIVING CITY. Parking: We should have free parking in Devonport. The small scale of each car park affects profitability. Lack of free parking affects shopper numbers. I do all my shopping in Latrobe now as they don’t have parking meters – the new boom gates at the Best Street car park is not going to encourage me back to Devonport either. Parks & reserves: An increase in parks & reserves is important – we must maintain our natural reserves. Sports, recreation & wellbeing: would not be the end result.
User pays would be fairer and a reduction in services
Stormwater: Clean unpolluted stormwater is really important for the future of our iconic burrowing crayfish and the health of waterways and riparian areas, not enough is being done to ensure this happens. Council Amalgamations: Start the process of merging with at least two other Councils before the State Government does it for you. Process: Worthwhile process. Great initiative – well done. Thanks for the opportunity to have a say in such a clear way. Found this an interesting exercise but would like to see comparisons included to judge how we compare to say Burnie Council for arts expenditure, for example. Financial management: increase.
Council rates are the highest in the state and should not
Capital Works Survey: Respondents were asked to rank their preferred options for prioritisation projects being considered for future budgets in the areas of public amenities, signage, footpaths, sports & play equipment, parks & reserves and other/miscellaneous. Of the 47 responses received, there were clearly preferences for projects within each category. Those items with a higher index score were of stronger preference collectively from respondents, than those items with a lower index rating. Public toilet capital works projects: Refurbishment and enlargement of the existing Fourways toilet block to also incorporate baby change facilities (estimated cost $150K) was the highest ranked proposed public toilet project, followed by the Horsehead Creek ($60K) and Victoria Parade ($20K) options presented. ITEM 9.3
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Sports & p play equipm ment capittal works p projects: Survey pa articipants showed a clear pre eference for f the rep placementt of play equipment e t outside Splash Aqu uatic Centtre (estima ated cost $79K) and the rep placement of fitnesss equipmen nt along Victoria Parade ($120 K) over the e installatio on of play equipmen nt in Rooke e Street Mall ($50K) an nd addition nal play eq quipment at a the Blufff playgroun nd ($105K)).
capital worrks projectts: Signage c The installlation of in nterpretive signage a around the e Bass Stra ait Maritime e Centre (estimated ( d cost $16K K) was see en as the preferred signage project, p ab bove signa age in the e historicall cemeterie es ($10K pa a, over thre ee years) a and destination signa age at Merrsey Bluff ($ $15K).
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Parks & re eserves cap pital workss projects: Of the eig ght parks and reserrve capita l works project optio ons presen nted, the three thatt were mosst clearly preferred were the installatio on of unde erground iirrigation in the ash h internmen nt area of Mersey M Va ale Memoriial Cemete ery (estima ated cost $$16K), the installation i n of underg ground irrig gation at the t Bluff -w west of the e Surf Club b building ($16K) an nd artificiall grassing a around the e skate pa ark at Pion neer Park to improv ve safety a and amen nity ($15K).. They were e more tha an twice preferred p o over the low west ranking option - installatio on of solarr powered path lightss along the e Victoria P Parade bik ke track ($2 25K).
Footpath c capital wo orks projects: Nine prop posed footpath capittal works p projects we ere include ed in the su urvey for community c y feedbackk. The fou ur which ranked r the e highest included constructio on of an additionall footpath at Horsehead Cree ek (estimatted cost $20K), $ construction o of a footp path along g ITEM 9.3
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Stony Rise e Road, lin nking Devo onport Roa ad to Ferg guson Driv ve ($60K), a new footpath on n Mersey Main Road ($50K) ( and d a new foo otpath link k along Torq quay Road d ($30K).
Miscellaneous capittal works projects: p The purch hase of ad dditional arrt work for the Devon nport City Art Collec ction (estim mated costt $11K) wass strongly preferred by surveyy responde ents, over paving & landscaping at the e entrance of the De evonport Recreation Centre ($13K) and installation n of additio onal CCTV V in location ns to be de etermined by police ($58K).
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Capital works survey – other online comments: LIVING CITY: Bring forward the construction of the LIVING CITY bridge over the waterfront to help bring visitors to the area. Devonport would also greatly benefit from the addition of an ALDI food store. Public toilets: Well-equipped baby change rooms are needed near Fourways, main supermarkets and Rooke Street Mall. Upgrade the toilets at the East Devonport skate park. Art gallery: We need a new Art Gallery to show the Council’s art collection. Sports grounds & play equipment: Any extra play equipment should be multi-access (eg. Margate) and additional children’s toilets provided adjacent such facilities where possible. Upgrade the bike track fence at Devonport Oval. Install exercise equipment along the East Devonport walking track. Install exercise equipment between Edgewater and Tea Tree Lane, East Devonport. Canning Drive, East Devonport needs a decent play ground as the only decent one is at Pardoe. Consider installing panels on Devonport Oval fencing to celebrate sports people that grew up within Devonport. Signage: Any new signage should reflect the City’s brand better than it currently does. Tourism signage on the highway and between the City and airport needs cleaning up. Traffic & pedestrian: Safety railing on the footpath along Mersey Main Road in Spreyton is needed to improve safety. A pedestrian crossing between Meercroft Park and the Bluff Precinct would improve safety for families with young children and persons in wheelchairs crossing the road. Make the Bluff car park one way with angle parking. Review the footpaths on Sheffield Road between Clayton Drive and the orchards. Lighting along the bike track at Horsehead Creek is required. Devonport Showground: That Council works with the Show Society and racing clubs to open the area up as parkland with BBQs, trees and walking tracks. Move the racing clubs to Spreyton. Coles Beach: The car parks along Coles Beach are a disgrace and need maintenance and weeds need to be removed. This area is heavily used by tourists and locals. Consider dog access to the beach from the car park. Waste & recycling: Make recycling facilities available in public areas. Quick Poll – Potential Future Amalgamation/Resource Sharing: Participants were asked if they supported Council discussing options for potential voluntary amalgamations and/or further resource sharing with other Councils, resulting in 81% of the 32 respondents indicating their support. Quick Poll Responses
Unsure
No
Yes
0
20
40
60 User votes
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Quick Poll – Council’s Financial Management: Participants were asked about their satisfaction in regard to Devonport City Council’s financial management. Collectively 56% of the 54 respondents indicated satisfaction with Council’s financial management and 44% their dis-satisfaction. Quick Poll Responses Not at all satisfied Not very satisfied Somewhat satisfied Satisfied Very satisfied 0
5
10
15
20
25
30
User votes
Quick Poll – Financial support of the Imaginarium Science Centre: With the Imaginarium Science Centre requiring on-going financial support of $90K to keep the Centre operating, participants were asked if they supported Council re-instating financial support of the Centre to that level. Of the 20 responses received, 55% indicated they were not in support, 25% were unsure and 20% their support of Council providing the future support. Quick Poll Responses
Unsure
No
Yes
0
10
20
30
40
50
60
User votes
Facebook comments: The Council Facebook page post from 5 March asked ‘Devonport, how would you like to see your rates spent?’ received 42 comments which can be summarised as follows: Parking: comments strongly show that there is a perception that parking is expensive and restrictive. There is a strong feeling in the community that there should be increased free parking or a bigger variety in parking limits, together with a longer term strategy to introduce a multi-deck, centralised car park. Roads: comments related to desire for increased road maintenance and whether the use of sub-contractors represents the best value outcome for Council and ratepayers.
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Arts, culture & tourism: there was some commentary around costs associated with the running of the Devonport Regional Gallery and the Julie Burgess. Public toilets: comments related to a perceived lower level of servicing of the Bluff toilets than desirable. Corporate operations: suggestions were made around Council using fossil free cars to limit the impact of Council operations on the environment. Waste & recycling: comments related to a desire to bring back tip tickets and the perceived high prices of disposing waste at the Transfer Station. Written submission: One written submission was received from Mr Douglas Janney and is attached to the report.
COMMUNITY ENGAGEMENT Community engagement was planned, developed and implemented in accordance with Council’s Community Engagement Policy. The level of impact of the budgets is of a high level and is considered to be of high value and interested to the Devonport community. Community engagement was undertaken over a 4 week period commencing Thursday 5 March 2015. The consultation included:
Quick polls, a capital projects online survey, operational budget ‘allocator’ tool and information sheets were published at www.speakupdevonport.com.au;
Council’s website – promotion was featured on the home page and re-directed users to the budget consultation online at www.speakupdevonport.com.au;
Media releases were distributed to all newspaper and radio outlets and were reported on by The Advocate, ABC Northern Tasmania, 7AD and Sea FM;
Digital advertising – a banner advertisement was placed on www.theadvocate.com.au, reaching 50% of visitors to the newspaper’s website home page from Saturday, 7 March for 10 days;
Newspaper advertising was featured in The Advocate on Saturday, 7 March 2015;
Radio advertising was undertaken referring residents to the Speak Up Devonport website on both 7AD and SeaFM from Thursday, 5 March until Friday, 13 March;
Council’s Facebook page was updated on numerous occasions advising of the survey and promoting the listening posts;
Twitter – A number @Devonportcity;
Reported in the Mayor’s Message in Coast to Coast;
Listening Posts were held on 18 March in Rooke Street Mall and 30 March outside the East Devonport IGA. Approximately 50 people visited the listening posts. Promotional flyers and information sheets were provided to visitors to encourage them to take the budget allocator.
An information display and two laptops were setup with the Customer Service area of Council’s Best Street office;
E-newsletter – An e-newsletter was distributed to 825 registered participants of www.speakupdevonport.com.au.
of
budget
consultation
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tweets
were
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Promotional posters and flyers were placed in the recreation centres, community houses and Devonport LINC.
FINANCIAL IMPLICATIONS Operating Budget 2014/15 Costs incurred associated with the consultation process totalled $3,183 and were associated with radio, digital and press advertising, as well as the Budget Allocator online tool and have been included in the operating expenses of Council in the current financial year. The facilitation and community engagement plan was planned, developed, managed and delivered by Council staff. The design and development for the consultation information sheets, surveys, flyers and posters were developed and printed in-house. It is considered that after adoption of the 2015/16 capital and operational budgets, that a Budget Consultation Summary will be produced to highlight and publicise how Council has considered and responded to the feedback received through the consultation. This will be produced internally, with no further expenditure incurred.
RISK IMPLICATIONS
Communication/Reputation The positive sentiment created for Council through the consultation process needs to be maintained. Council must ensure that the public are kept informed of the budget decisions, any rating changes fully explained and the community feedback received responded to after the budget has been finalised, or risk losing public support.
CONCLUSION The level of feedback received through the community engagement for the 2015/16 budget priorities was disappointing, given the level of promotional activity and previously stated interest from the community to have greater input into Council’s decision making. The feedback received does provide Council with a higher level of community input than in previous years and should be taken into consideration in the budget decision making process, together with Council’s Strategic Plan and Long Term Financial Plan. It should be noted that the volume of responses received for the Budget Allocator, surveys and quick polls would not be deemed to be a statistically reliable sample of the broader community. Following Council’s adoption of the 2015/16 budget, it is proposed to prepare a Budget Consultation Summary outlining the key budget measures and how Council responded to the consultation feedback. For future budget consultations it is recommended that Council considers increasing the face to face engagement component and also utilises online discussion forums.
ATTACHMENTS 1.
Community Research Outtakes
2.
Budget Allocator Responses
3.
Budget consultation 2015/16 written submission - Douglas Janney
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RECOMMENDATION That Council receive and note the 2015/16 budget consultation report.
Author: Position:
Karina Moore Communications & Media Officer
Endorsed By: Position:
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Paul West General Manager
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9.4
FORMATION OF LEASE POLICIES File: 30212 D353252
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.1
Review and amend governance structures, policies and procedures to adapt to changing circumstances
SUMMARY To consider draft lease policies, namely the “Community, Childcare and Commercial Lease Policy” and the “Sport and Recreation Groups Lease Policy”.
BACKGROUND Historically Council has had an ad hoc approach to leases, with significant variations including rental amounts, outgoings incurred and duration of leases. The inconsistent approach to lease development in the past has led to considerable inequities in lease agreements amongst sporting and community groups. There was no documented approach to the charging of rental or other outgoings in the past. The only consistency was the “Ground Use Fees” which sporting organisations have been charged on an annual or seasonal basis for the use of Council owned sports grounds. This is documented and a fee calculation formula is in place and is included in the Fees and Charges section of Council’s Annual Plan. Developing a ‘one size fits all’ lease policy has been difficult as it is obvious that one single policy did not have the ability to cover the diversity of issues that need to be addressed. Issues identified include capacity to pay, outgoings to be reimbursed, as well as not for profit versus commercial leases.
STATUTORY REQUIREMENTS Section 178 and Section 179 of the Local Government Act 1993 relates to leases of public land however, not all of Council’s leases relate to ‘public land’ as defined within the Act.
DISCUSSION Two draft lease policies have been developed: 1.
Commercial, Childcare and Community; and
2.
Sport and Recreation groups.
These draft policies have been workshopped on three occasions with Aldermen which included several discussions regarding the issues affecting the various tenancy types as well as endeavouring to determine an equitable formula. Commercial – There are currently no issues with Council’s commercial leases. All tenanted Council-owned properties have a lease in place and are managed by either a Real Estate agent or internally by Council officers. Community Groups - Leases with community groups pose some difficulties, generally around the capacity to pay and value to the community. Many community groups are not for profit and therefore their capacity to pay is limited. They are service rather than profit motivated. Any recouping of costs would be based on maintenance provided to the facility and general lease administration. It was therefore considered that community ITEM 9.4
PAGE 67 Report to Council meeting on 27 April 2015
groups enter into peppercorn lease arrangements (as is currently the position with many community groups). Childcare Facilities - The childcare facilities (Elanora Child Care Centre, Centacare’s Keiko Child Care Centre and Devonport Playcentre) were placed on their own rather than in the commercial grouping, despite their ability to derive an income. It was determined they do offer a significant service to the community and this was taken in to consideration. However, their ability to pay compared to community groups was also taken into consideration and therefore determined under the draft policy that they pay a rental equal to 50% of the Council rates payable on the property per annum. Sport and Recreation Groups – This sector proved to be the most difficult to determine a fair and equitable costing structure for as there are currently considerable variations in rental amounts and the outgoings paid (ie land tax, rates, Taswater etc.). The only consistency for sporting clubs is the payment of “Ground Use Charges”, by those to which ground use applies (i.e. football, cricket, rugby, soccer). Again, not all Clubs have leases in place, and for those who do, considerable variations still exist in regards to what they actually pay. Ground Use Charges are determined by calculating the cost of actual work and maintenance undertaken at the grounds and a figure of 10% applied to each applicable Club as reimbursement towards these costs. It should be noted that there is a discounted rate which is applied to ground fees for clubs with junior members/teams. No further junior discounts will apply under the draft lease policies. Ground fees include a number of items depending on the facility, line-marking, irrigation, grass care, change rooms, goal posts, lighting, scoreboard, clay/concrete wicket preparation, annual court cleaning/maintenance and supporter facilities. Determining an equitable fee charge structure was difficult due to the considerable variances in capacity to pay amongst clubs. Some sporting clubs (particularly with bar and function facilities) have a far greater capacity to raise income and therefore cover costs. The Working Group was mindful however that clubs who undertake significant fundraising were not burdened by a high proportion of their funds being absorbed into payments made to Council (i.e. rates, outgoings, rental). It was therefore determined that sport and recreation groups pay a rental equal to 50% of the Council rates payable on the property per annum PLUS the ground use charges as are already applied to facilities. Rental amounts calculation: The modelling was based on trying to determine a fair manner in which to attribute costs to facilities/organisations which have a greater capacity to derive income or have a larger, more modern and better equipped facility (e.g. Devonport Football Club –v- Don Rugby Club facilities). This ensures that a Club which has a building with a higher value is paying accordingly.
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In summary, the following amounts will be payable: Group
Rental
Outgoings
Childcare Facilities
50% of Council rates per Taswater usage charges annum
Community Groups
Peppercorn rental
Sport and Recreation Group
50% of Council rates per Taswater usage charges annum Ground User applicable)
Commercial
Commercial rental
Taswater usage charges
Fees
(if Full cost recovery
In preparing a cost comparison between what organisations are currently paying, a significant number under the proposed draft policies will be paying reduced fees to what they currently pay. For those Clubs who have not previously paid rates and will therefore have higher amounts to pay once the lease policies have been adopted, it is suggested that a staged approach to these costs be introduced and that it commence at 10% of the rates amount per annum and increase in 10% increments over 5 years until they reach the 50% of the total rates payable (i.e. 10% of the rates payable in the 1st year, 20% in the second year etc.). Outgoings – Outgoings for the buildings which are normal running costs (e.g. Aurora, telephone, gas and other utilities as required) which are currently paid for by tenants will continue to be their responsibility. With Taswater accounts, it has been determined that Council should cover all water and sewerage service costs and all tenants would be responsible for water usage. The lease policies have been drafted on this basis. For community organisations, Council will consider providing an allocation towards their water usage charges up to 50 kl per annum, which can be applied for on an as needs basis. Taswater recently recommended to Council that it should undertake an audit of its sports grounds and assess the extent to which connections and associated meter sizes could be reduced. Some work has already been undertaken in this regard which has the potential to significantly reduce sports grounds service fees. Until such time as the audit has been finalised, these savings are not able to be fully estimated. Land tax is currently Council’s responsibility and will continue to be under the terms of the draft policies. Exemptions Due to the recent lease negotiations and partnership arrangement with the Devonport Surf Club, their lease has not been included at this time. The Spreyton Racecourse and the Devonport Basketball Council will also be outside of the lease policy until such time as their current leases expire. Devonfield Enterprises lease at Bass Strait Maritime Centre will also be an exemption due to the nature of the service they provide to the facility.
COMMUNITY ENGAGEMENT It is proposed that information sessions regarding the two leases policies be held with affected community groups and sporting organisations.
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A copy of this Council report and the draft lease policies will be distributed to all groups who will be impacted by the policies if it is endorsed by Council. Information sessions and meetings will be held with groups to outline the implications to individual organisations. All feedback will be considered and reported to Council prior to a final report being presented. Relevant Council officers will attend the Sport and Recreation Strategic Special Committee meeting on 6 May to outline the Sport and Recreation Groups Lease Policy and its impacts.
FINANCIAL IMPLICATIONS There will be an implication to Council’s operational budget with the adoption of the lease policies for a number of reasons. There will be a decrease in some cases of rental but this may partially be offset by the payment of 50% of the rates amount per annum. The recovery of water usage costs will also offset the decrease in rental payments. Based on 2013-14 figures, there is limited impact on Council’s budget by the proposed lease policies however some fees will not be fully recovered until year 5 of the policy being adopted. The estimated impact to Council’s operational income in year 1 would be an approximate decrease of $5,000 - $10,000. The financial impacts of the lease policies have been reflected in the 2015-16 budget working documents.
RISK IMPLICATIONS
Assets, Property and Infrastructure There is at times confusion around building maintenance and the assigned responsibilities of Council and the tenant. For either party, this can become a costly exercise and can lead to tension between Council and the tenant when each other considers the maintenance issue to be the other’s responsibility. Building Maintenance Schedules are currently prepared as each new lease is entered into. Following the adoption of the Policies, each building will be assessed by Council Officers and the tenants and an updated Building Maintenance Schedule prepared. This will ensure that all parties can easily determine responsibility for maintenance issues as they arise and that Council’s assets are properly maintained.
Professional Indemnity/Public Liability It will be a requirement that proof of public liability cover must be provided annually to Council as well as all required certifications in place and compliance with conditions (i.e. Form 56/Essential Maintenance Schedules/Place of Assembly).
CONCLUSION Developing a ‘one size fits all’ lease policy has been difficult as it is obvious that one single policy did not have the ability to cover the diversity of issues that need to be addressed. Issues identified include capacity to pay, outgoings to be reimbursed, as well as not for profit versus commercial leases. After a considerable amount of work and three workshops, it is believed that the two leases policies as drafted provide the fairest and most equitable approach to Council’s properties and sporting facilities. The next stage, being the consultation period, will ensure that all user groups and tenants are made aware of the terms of the policies and therefore the potential impacts to their organisations.
ITEM 9.4
PAGE 70 Report to Council meeting on 27 April 2015
The implementation of the lease policies will be a favourable outcome for both Council and tenants to ensure clarity, equity and consistency across all facilities.
ATTACHMENTS 1.
Community, Childcare & Commercial Lease Policy - April 2015
2.
Sport and Recreation Groups Lease Policy - April 2015
RECOMMENDATION That the draft Community, Childcare and Commercial Lease Policy and the Sport and Recreation Groups Lease Policy report be received and noted and Council: (b)
release the draft Policies for a four week consultation period; and
(b)
note the results of the consultation and any proposed changes to the Policies will be provided to Council at a future meeting.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 9.4
Paul West General Manager
PAGE 71 Community, Childcare & Commercia al Lease Polic cy - April 2015
ATTA ACHMENT [1]]
COMMUN C NITY, CHIILDCARE & COMM MERCIAL LEA ASE POLIC CY POLICY TYPE (COUNCIL OR MANAG GEMENT)
POLICY ADOPTED (DATE)
MIN NUTE NUMBER (IF CO OUNCIL POLICY))
POLICY DOCU UMENT NUMBER (TR RIM)
Counc cil DOCUM MENT CONTRO OLLER
STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)
R RESPONSIBLE MA ANAGER
Governa ance Coordinator
General Man nager
DATE OF NEXT REVIEW
5.3 3.1 – Review and amend governance strructures, policies and proced dures to dapt to chang ging circumstan nces ad
PURPOSE
To o establish h a consisttent and equitable e approach a to the dev velopmentt o leases and of a licenc ces from Council C to communitty groups, childcare e fa acilities and commerrcial tenan nts.
SCOPE
All commu A unity group ps and commercial tenants who leasse Counciil o owned buildings, or w who condu uct their op perations o on Council owned or le eased land d. The term ms and con nditions of this Policy will be ap pplied to all n new lease and licen nce agree ements an nd upon tthe renew wal of any y e existing lease or licenc ce arrange ements. The conditiions of thi s Policy will w not be varied un nless it is essential e to o m meet the sp pecial nee eds of the property p orr Tenant.
POLICY
1..
Commu unity Grou ps and Org ganisations 1.1. Organisation ns whose e primary objective e is to serve the e co ommunity (including g service clubs and d commun nity based d ag gencies) a are supporrted by Co ouncil. Co ouncil reco ognises the e be enefit of su upporting community c y groups a nd organissations.
2..
Child Care C 2.1. Child Care facility refers to Cou uncil owne ed building gs that are e uttilised to c care for children whom w are e eligible to accesss be enefits und der the Ch hild Care Benefit B and d Child Ca are Rebate e sc chemes. C Council ac cknowledg ges the no ot-for-profiit status off th hese child c care facilitties.
3..
Full Com mmercial U Use 3.1. Fu ull Comm ercial use e property refers to Counc cil owned d bu uildings or land inten nded to generate g a an income e. Counciil ha as a num mber of propertiess that arre leased d on fully y co ommerciall terms.
4..
Private Licence A Agreementss 4.1. Bu usinesses, l andownerrs and/or residents r w who licenc ce Counciil land for exc clusive priva ate purposse, may alsso be charged a fee e un nder the lic cence agre eement.
ITEM 9.4
PAGE 72 Community, Childcare & Commercial Lease Policy - April 2015
5.
ATTACHMENT [1]
Fee Schedule/Determination of Rent 5.1. Community groups: The amount payable for community groups will be reviewed annually, and form part of Council’s Fees and Charges. This rate will commence at a peppercorn rental (if demanded). 5.2. Childcare facilities: Childcare facilities will be charged an amount equalling 50% of the rates charged against the property per annum. 5.3. Commercial properties: Commercial tenants will be charged rental at a market rate determined by Council’s external property management advisors.
6.
Validation of Lease Agreement 6.1. Council land and/or buildings shall only be occupied pursuant to a formal signed lease. Failure to validate the lease agreement by signature may result in the discontinuation of lease negotiations with the lessee. Once lease terms have been finalised, Council reserves the right to commence rental charges even if the agreement remains unsigned. If the lease remains unsigned for a period of more than 30 days, 90 day’s notice to vacate the premises will be given to the tenant who currently occupies the premises.
7.
Risk Management Obligations 7.1. Tenants of Council owned or managed buildings will be required to have Public liability insurance for a minimum of $10 million. A copy of the organisation’s Certificate of Currency is to be provided to Council at the commencement of the agreement, upon a lease renewal, and annually for the duration of the lease. It is the responsibility of the tenant, in conjunction with the Council, to ensure the minimisation of all risks including public safety, hazardous materials and waste removal. The tenant is also required to comply with emergency evacuation procedures and risk management practices at the direction of Council.
8.
Maintenance Schedules/Issues 8.1. Prior to an agreement being made, a condition statement shall be produced to determine the condition of the facility, and maintenance responsibilities determined. Maintenance schedules have been developed to ensure consistency and clarity regarding maintenance of Council premises and stipulate responsibilities of both Council and tenant. ITEM 9.4
PAGE 73 Community, Childcare & Commercial Lease Policy - April 2015
ATTACHMENT [1]
Where an organisation has exclusive use of a Council built facility, there is an expectation that they assist in funding maintenance costs and contribute towards capital improvement of the facility. Where improvements on the leased land are owned by the lessee, they have sole responsibility for internal and external maintenance. 9.
Term 9.1. Lease agreements will be granted for a period of no more than five years, with a further five year term option, if requested.
10. Rent Reviews/Increases 10.1. Rental fees for community groups and childcare facilities will be reviewed annually in conjunction with budget preparation and the setting of annual rates, fees and charges. Commercial properties may be subject to periodic market reviews/evaluations. Council also reserves the right to amend the rental if a tenant gains access to other commercial means of income, other than fundraising, that is generated during the term of the agreement. 11. Outgoings 11.1. Tenants will be responsible for the costs of all utilities, including electricity, phone and all other outgoings related to the property including Taswater usage charges. 11.2. Council will be responsible for water and sewerage service charges and land tax. 12. Determination of Leases 12.1. When a facility or building premises becomes vacant, Council will consider the ongoing future use of the premises in determining a suitable tenant. Factors to consider include: most appropriate use; local community needs; activities within the community that remain unrepresented; historical connection to the facility/location; and Council’s strategic direction. 12.2. Tenancy of Council’s commercial properties/premises will be determined by tenders or expression of interests. 13. Sub Leases 13.1. Terms and conditions of any sub-lease must be in accordance with the terms and conditions of the Head Lease, including the length of the lease. Council may require the sub-lessee to contribute to charges incurred by Council from Crown or third party, for the head lease.
ITEM 9.4
PAGE 74 Community, Childcare & Commercial Lease Policy - April 2015
ATTACHMENT [1]
Lessees who wish to sub-let the leased premises are required to seek written permission from Council prior to making such arrangements. Any group to whom a property is sub-let to must provide Council with a copy of their Certificate of Currency, and must have public liability insurance of at least $10million. Any subleasing arrangements made must not extend beyond the term of the head lease. 14. Other Provisions 14.1. Other lease provisions may be negotiated as required. 15. Delegation and Signing 15.1. The General Manager is delegated by Council to finalise and sign lease agreements. 15.2. An authorised signatory of the tenant will be required to execute the lease and a copy of the agreement, once duly executed by both parties, will be returned to the Lessee for their safekeeping. The other copy will be recorded as a Legal Document by Council and placed in the Legal Documents register. 16. Legislation and Statutory Compliance 16.1. It is necessary for tenants and Council in the development of lease agreement to ensure compliance with Council’s corporate and statutory responsibilities. Legislative requirements need to be determined and stipulated in the lease. Compliance may also extend to the obtaining of permits from Council; liquor licensing requirements; place of assembly licences; adherence to food handling guidelines and relevant Council by-laws. LEGISLATION AND RELATED DOCUMENTS
ATTACHMENTS (IF APPLICABLE)
Local Government Act 1993 Local Government (Building and Miscellaneous Provisions) Act 1993 Building Act 2000 Building Regulations 2004 Public Health Act 1997 Food Act 2003 (if applicable) Place of Assembly Licence (if applicable) Food Licencing (if applicable) N/A
ITEM 9.4
PAGE 75 Sport and Re ecreation Grroups Lease Policy P - April 2015
ATTA ACHMENT [2]]
SPOR RT AND RECREATI R ON GRO OUPS LEA ASE POLIC CY POLICY TYPE (COUNCIL OR MANAG GEMENT)
POLICY ADOPTED (DATE)
MIN NUTE NUMBER (IF CO OUNCIL POLICY))
POLICY DOCU UMENT NUMBER (TR RIM)
Counc cil DOCUM MENT CONTRO OLLER
R RESPONSIBLE MA ANAGER
Governa ance Coordinator
General Man nager
STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)
DATE OF NEXT REVIEW
5.3 3.1 – Review and amend governance strructures, policies and proced dures to dapt to chang ging circumstan nces ad
PURPOSE
To o establish h a consiste ent and eq quitable ap pproach to o the deve elopment o leases fro of om Counc cil to sport and a recrea ation group ps.
SCOPE
All sport and recreati on groupss who lease Council owned buildings on A n C Council ow wned or le eased land, or who ose buildin ngs are lo ocated on n C Council land. The terrms and conditions of o this Polic cy will be applied to o all new lease agreem ments and upon the renewal o of any existing lease e arrangements. w not be varied un nless it is essential e to o The conditiions of thi s Policy will meet the sp m pecial nee eds of the property p orr tenant.
POLICY
1..
Sport and Recrea ation Group ps and Org ganisationss ns whose primary p ob bjective is tto provide e sport and d 1.1. Organisation re ecreationa l opportun nities for the e commun nity are sup pported by y Council. C Council rec cognises th he benefitt of suppo orting sportt an nd recreattion groupss and orga anisations.
2..
Fee Sch hedule/De eterminatio on of Rent 2.1. Th he annual rental pay yable on sport and rrecreation facilities iss ass follows: An amo ount totallin ng 50% of the t properrty’s rates; and Ground Fees attrib buted to th he facility. (The Ground d Fees rate e is calculated base ed on a percentage e off Ground U Use charge es).
3..
Validation of Leasse Agreem ment 3.1. Council land d and/or buildings b sh hall only be e occupied pursuantt to o a formal ssigned lease. Fa ailure to v validate th he lease agreemen a nt by signa ature may y re esult in the e discontin nuation of lease ne egotiationss with the e te enant. Once lease e terms ha ave been finalised, C Council re eserves the e rig ght to com mmence rental cha arges eve en if the agreement a t re emains unsiigned.
ITEM 9.4
PAGE 76 Sport and Recreation Groups Lease Policy - April 2015
ATTACHMENT [2]
If the lease remains unsigned for a period of more than 30 days, 90 day’s notice to vacate the premises will be given to the tenant who currently occupies the premises. 4.
Risk Management Obligations 4.1. Tenants of Council owned or managed buildings will be required to have Public liability insurance for a minimum of $10 million. A copy of the organisation’s Certificate of Currency is to be provided to Council at the commencement of the agreement, upon a lease renewal, and annually for the duration of the lease. It is the responsibility of the tenant, in conjunction with the Council, to ensure the minimisation of all risks including public safety, hazardous materials and waste removal. The tenant is also required to comply with emergency evacuation procedures and risk management practices at the direction of Council.
5.
Maintenance Schedule/Issues 5.1. Prior to an agreement being made, a condition statement shall be produced to determine the condition of the facility, and maintenance responsibilities determined. Maintenance schedules will be developed to ensure consistency and clarity regarding maintenance of Council premises and stipulate responsibilities of both Council and tenant. Where an organisation has exclusive use of a Council built facility, there is an expectation that they assist in funding maintenance costs and contribute towards capital improvement of the facility. Where improvements on the leased land are owned by the tenant, they have sole responsibility for internal and external maintenance.
6.
Term 6.1. Lease agreements will be granted for a period of no more than five years, with a further five year term option, if requested.
7.
Rent Reviews/Increases 7.1. Rental fees for sport and recreation groups will be based on the property’s rates struck on a per annum basis. 50% of this figure will be charged in lieu of rental. Ground Fees will also be set annually as part of Council’s budgetary process. Council also reserves the right to amend the rental if a tenant gains access to other commercial means of income, other than fundraising, that is generated during the term of the agreement.
ITEM 9.4
PAGE 77 Sport and Recreation Groups Lease Policy - April 2015
8.
ATTACHMENT [2]
Outgoings 8.1. The tenant will be responsible for the costs of all utilities, including electricity, phone and all other outgoings related to the property including Taswater usage charges. 8.2. Council will be responsible for water and sewerage service charges, land tax and the remaining 50% of the annual rates.
9.
Determination of Tenants 9.1. When a facility or building premises becomes vacant, Council will consider the ongoing future use of the premises in determining a suitable tenant. Factors to consider include: most appropriate use; local community needs; sport and recreational activities within the community that remain unrepresented; historical connection to the facility/location; and Council’s strategic direction.
10. Sub Leases 10.1. Terms and conditions of any sub-lease must be in accordance with the terms and conditions of the Head Lease, including the length of the lease. Council may require the sub-lessee to contribute to charges incurred by Council from Crown or third party, for the head lease. Tenants who wish to sub-let the leased premises are required to seek written permission from Council prior to making such arrangements. Any group to whom a property is sub-let to must provide Council with a copy of their Certificate of Currency, and must have public liability insurance of at least $10million. Any subleasing arrangements made must not extend beyond the term of the head lease. 11. Other Provisions 11.1. Other lease provisions may be negotiated as required. 12. Delegation and Signing 12.1. The General Manager is delegated by Council to finalise and sign lease agreements. 12.2. An authorised signatory of the tenant will be required to execute the lease and a copy of the agreement, once duly executed by both parties, will be returned to the Tenant for their safekeeping. The other copy will be recorded as a Legal Document by Council and placed in the Legal Documents register. 13. Legislation and Statutory Compliance 13.1. It is necessary for tenants and Council in the development of lease agreement to ensure compliance with Council’s corporate and statutory responsibilities.
ITEM 9.4
PAGE 78 Sport and Recreation Groups Lease Policy - April 2015
ATTACHMENT [2]
Legislative requirements need to be determined and stipulated in the lease. Compliance may also extend to the obtaining of permits from Council; liquor licensing requirements; place of assembly licences; adherence to food handling guidelines and relevant Council by-laws. LEGISLATION AND RELATED DOCUMENTS
ATTACHMENTS (IF APPLICABLE)
Local Government Act 1993 Local Government (Building and Miscellaneous Provisions) Act 1993 Building Act 2000 Building Regulations 2004 Public Health Act 1997 Food Act 2003 (if applicable) Place of Assembly Licence (if applicable) Food Licencing (if applicable) N/A
ITEM 9.4
PAGE 79 Report to Council meeting on 27 April 2015
9.5
LOCAL GOVERNMENT ASSOCIATION OF TASMANIA - ELECTION OF MEMBERS TO GENERAL MANAGEMENT COMMITTEE File: 30415 D365873
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.1.4
Develop and maintain partnerships and advocate for improved service provision, funding and infrastructure
SUMMARY To consider a request for nominations for a member of the Local Government Association of Tasmania’s (LGAT) General Management Committee.
BACKGROUND By letter addressed to the Mayor dated 18 March 2015, the Tasmanian Electoral Commission has advised that they are conducting the election of five members to LGAT’s General Management Committee for a two year term in accordance with LGAT’s Rules. LGAT has advised that elections of President and a Northern Electoral District member will not be required. This is due to these positions being filled at recent by-elections and the Committee extending the terms of office for a further two years.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION Nominations are open until 5 p.m. Tuesday 19 May 2015 and voting (if required) will be held from 22 May until 10 a.m. Wednesday 8 July. The declaration of the result will be announced on 8 July 2015.
COMMUNITY ENGAGEMENT There has been no community engagement undertaken as a result of this report.
FINANCIAL IMPLICATIONS There are no financial implications that relate to this report. Meeting costs are covered by LGAT.
RISK IMPLICATIONS There are no risk implications as a result of this report.
CONCLUSION Council can determine if it wishes to nominate an elected member for the election of five members to the General Management Committee for the Local Government Association of Tasmania. Nominations close at 5.00pm on 19 May 2015. The Mayor has expressed interest in being nominated for a position on the LGAT General Management Committee.
ATTACHMENTS Nil ITEM 9.5
PAGE 80 Report to Council meeting on 27 April 2015
RECOMMENDATION That Council nominate Alderman …………………………………………… for the 2015 election to the General Management Committee for the Local Government Association of Tasmania.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 9.5
Paul West General Manager
PAGE 81 Report to Council meeting on 27 April 2015
9.6
FINANCIAL ASSISTANCE GRANTS TO LOCAL GOVERNMENT File: 11763 D366688
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 To consider a letter from Australian Local Government Association (ALGA) and the Local Government Association of Tasmania (LGAT) regarding Financial Assistance Grants.
BACKGROUND A letter was received from the Australian Local Government Association and the Local Government Association of Tasmania dated 10 April 2015 (attached) regarding the importance of Financial Assistance Grants (FAGs) to local government and seeking Council support for advocacy to have the Federal Government reverse the decision to freeze the indexation of FAGs.
STATUTORY REQUIREMENTS There are no statutory requirements that relate to this report.
DISCUSSION The letter from ALGA and LGAT states that the Government’s decision in the 2014 Federal Budget to freeze the indexation of FAGs for three years commencing 2014-15 will cost councils across Australia an estimated $925 million by 2017-18. ALGA and LGAT are seeking support from Tasmanian councils for advocacy to have the Federal Government reverse the decision to freeze the indexation. The letter also requests that councils ensure that all FAG funds are recognised and acknowledged in media releases and Council publications, including annual reports.
COMMUNITY ENGAGEMENT No community consultation has been undertaken as a result of this report.
FINANCIAL IMPLICATIONS Council has received $1,488,278 in the current financial year from FAGs and is expected to receive $1,984,371 in the 2015-16 financial year.
RISK IMPLICATIONS There are no risk implications associated with this report.
CONCLUSION The receipt of FAG funding to councils is a vital part of the revenue base and therefore the request from ALGA and LGAT is not unreasonable. The acknowledgement of FAG projects in media releases and Council publications can be easily achieved.
ATTACHMENTS 1.
Financial Assistance Grants To Local Government ITEM 9.6
PAGE 82 Report to Council meeting on 27 April 2015
RECOMMENDATION That Council: (a)
acknowledge the importance of federal funding through the Financial Assistance Grants program for the continued delivery of Council’s services and infrastructure;
(b)
acknowledges that the Council will receive $1,984,371 in 2014-15; and
(c)
will ensure that this federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications, including annual reports.
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 9.6
Paul West General Manager
PAGE 83 Financial F Assistance Gran nts To Local Government G
ATTTACHMENT [1 1]
ITEM 9.6
PAGE 84 Financial F Assistance Gran nts To Local Government G
ATTTACHMENT [1 1]
ITEM 9.6
PAGE 85 Financial F Assistance Gran nts To Local Government
ATTTACHMENT [1 1]
ITEM 9.6
PAGE 86 Report to Council meeting on 27 April 2015
9.7
INFRASTRUCTURE, WORKS MEETING - 13 APRIL 2015
AND
DEVELOPMENT
COMMITTEE File: 29528 D366501
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.3.2
Provide appropriate support to elected members to enable them to discharge their functions
SUMMARY The purpose of this report is to receive the minutes and endorse the recommendations provided to Council by the Infrastructure, Works and Development Committee meeting held on Monday 13 April 2015.
ATTACHMENTS 1.
Minutes - Infrastructure Works & Development Committee Meeting - 13 April 2015
RECOMMENDATION That the minutes of the Infrastructure, Works and Development Committee held on Monday 13 April 2015 be received and the recommendations contained therein be adopted. IWC 8/15 Presentation - Proposed Walking/Cycling Track (22006) IWC 9/15 Tender Report - Contract 1286 - Roadside Mowing (D362797) IWC 10/15 Tender Report - Contract 1288 - Security Patrol (D363661) IWC 11/15 Tender Report – Contract 1287 - Weed Control (D362798) IWC 12/15 Cemetery Strategy - Year Four Status (D362104) IWC 13/15 Meercroft Park Reserve Car Park Project Update (D363751) IWC 14/15 Road Network Strategy - For Adoption (D364697) IWC 15/15 Development and Health Services Report (D364361) IWC 16/15 Infrastructure and Works Report (D361996)
Author: Position:
Robyn Woolsey Administration OFficer
Endorsed By: Position:
ITEM 9.7
Paul West General Manager
PAGE 87 Minutes M - Infra astructure Wo orks & Development Com mmittee Meetting - 13 Apriil 2015 2
ITEM 9.7
ATTTACHMENT [1 1]
PAGE 88 Minutes M - Infra astructure Wo orks & Development Com mmittee Meetting - 13 Apriil 2015 2
ITEM 9.7
ATTTACHMENT [1 1]
PAGE 89 Minutes M - Infra astructure Wo orks & Development Com mmittee Meetting - 13 Apriil 2015 2
ITEM 9.7
ATTTACHMENT [1 1]
PAGE 90 Minutes M - Infra astructure Wo orks & Development Com mmittee Meetting - 13 Apriil 2015 2
ITEM 9.7
ATTTACHMENT [1 1]
PAGE 91 Minutes M - Infra astructure Wo orks & Development Com mmittee Meetting - 13 Apriil 2015 2
ITEM 9.7
ATTTACHMENT [1 1]
PAGE 92 Minutes M - Infra astructure Wo orks & Development Com mmittee Meetting - 13 Apriil 2015 2
ITEM 9.7
ATTTACHMENT [1 1]
PAGE 93 Report to Council meeting on 27 April 2015
9.8
COMMUNITY SERVICES COMMITTEE MEETING - 20 APRIL 2015 File: 29530 D367217
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 Community Services Committee meeting held on Monday 20 April 2015.
ATTACHMENTS 1.
Minutes - Community Services Committee - 20 April 2015
RECOMMENDATION That the minutes of the Community Services Committee held on Monday 20 April 2015 be received and noted and the recommendations contained therein be adopted. CSC 7/15
Minutes of Strategic Special Committee Meetings (D363066)
CSC 8/15
Food Connection (D363484)
CSC 9/15
Meercroft Park Tree Planting Proposal (D365541)
CSC 10/15 Community Services Committee Report - April 2015 (D361889)
Author: Position:
Karen Hampton Governance Coordinator
Endorsed By: Position:
ITEM 9.8
Paul West General Manager
PAGE 94 Minutes M - Com mmunity Serv vices Committee - 20 Aprril 2015
ITEM 9.8
ATTTACHMENT [1 1]
PAGE 95 Minutes M - Com mmunity Serv vices Committee - 20 Aprril 2015
ITEM 9.8
ATTTACHMENT [1 1]
PAGE 96 Minutes M - Com mmunity Serv vices Committee - 20 Aprril 2015
ITEM 9.8
ATTTACHMENT [1 1]
PAGE 97 Report to Council meeting on 27 April 2015
9.9
GENERAL MANAGER'S REPORT - APRIL 2015 File: 29092 D363638
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, 18 March to 21 April 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.
Attended a Magistrate’s Court hearing in relation to an appeal against a Dangerous Dog Notification that was issued in November 2014. The Applicant (the owner of the dogs to which the Dangerous Dog notification applies) failed to appear. The Magistrate adjourned the matter until 20 May 2015.
1.4.
Met with representatives of NBNCo to be updated on the planning for the roll out of the NBN in Devonport. Currently NBNCo are undertaking preliminary planning and indicated they hope to commence construction of stage 1 of the Devonport rollout by 1 June 2015. Various technologies will be used but it would appear the most prevalent in Devonport residential area will be Fibre to the Node. Further information will be provided by NBNCo as it becomes available.
1.5.
Significant involvement in the preparation of the 2015/16 budget and capital works program. A budget package is nearing completion and will be circulated to Aldermen in the near future in preparation for a budget workshop on 4 May 2015.
ITEM 9.9
PAGE 98 Report to Council meeting on 27 April 2015
2.
3.
4.
LIVING CITY 2.1.
Consultants P+i attended a briefing session with Aldermen on the process which they had undertaken in relation to the appointment of Architects to design State 1 of the LIVING CITY plan.
2.2.
An internal Project Working Group has been established, consisting of the General Manager, Deputy General Manager and Project Officer to regularly meet with P+i as LIVING CITY implementation progresses. The first meeting of this Group occurred directly following Council’s decision to appoint the architects for Stage 1. Regular updates will be provided to Aldermen.
2.3.
Ongoing discussions in regard to the opportunity to attract professional offices to the southern Rooke Street precinct under the LIVING CITY plan.
2.4.
With the Deputy General Manager attended a meeting of the Cradle Coast Authority Board to provide an update on LIVING CITY. The Board indicated that it is very supportive of LIVING CITY. A copy of a media release issued by the Authority subsequent to this meeting is attached for the information of Aldermen.
COMMUNITY ENGAGEMENT (RESIDENTS & COMMUNITY GROUPS) 3.1.
Met with two community members to discuss their ideas for improvements at East Devonport. Their suggestions include considering the naming of the shopping precinct as ‘Eastside Village’ or something similar that can then be used as a promotional / attractor. Relocating the public toilet signage to a more visible location, upgrading/replacement of the existing public toilets at Pioneer Park, repainting of Aurora boxes and the relocation of the burial memorial currently located near the public toilets. A number of other suggestions were also provided for the longer term.
3.2.
Met with representatives of the Devonport Hockey Club regarding tenancy issues at Meercroft Park. The issue of the rates and TasWater charges which apply to their occupation of the Hockey Club site was discussed. The Club was advised that the matter was currently under review by Council and further contact would be made once the review was further progressed.
3.3.
With the Mayor attended the opening of the affordable independent living units at the invitation of Centacare. The 30 unit development is situated at the corner of Drew and Wrights Streets, East Devonport.
3.4.
Visited the East Devonport Community House for a briefing on the activities undertaken at the facility and to meet the people involved.
3.5.
Visited Petuna Seafoods at East Devonport for a tour of their operations.
NATIONAL, REGIONAL AND STATE BASED LOCAL GOVERNMENT 4.1.
Attended a meeting of the Local Government Managers Australia (LGMA) North West Branch. This meeting was hosted by Devonport and was held at Splash – Devonport Aquatic Centre.
4.2.
Attended a meeting of the Cradle Coast General Managers Group. Items on the agenda at this meeting included:
Update from Cradle Coast Authority CEO Voluntary Amalgamation Opportunities Cradle Coast Waste Management Group – Governance Report ITEM 9.9
PAGE 99 Report to Council meeting on 27 April 2015
4.3.
LGAT Workplace Behavioural Policy Implementation Workshop Building Regulatory Framework Review Procurement Improvements TasWater
Attended the LGMA Tasmanian Awards for Excellence Awards luncheon in Launceston. LGMA Awards for Excellence seeks to recognise high achievers in local government. There were two nominations from Devonport in this year’s awards: Shane Crawford was nominated for the Management Excellence Award which is for managers working in local government in Tasmania whose contribution is, in the opinion of their employing councils or colleagues, worthy of special acknowledgement. The aim of the Award is:
To recognise leadership and excellence in local government in Tasmania
To highlight to LGMA members outstanding achievements, initiatives and innovation in management practices and to encourage the adoption of best practice in Tasmanian Councils
To enhance the profile of LGMA Tasmania and promote awareness of the role played by local government professionals.
Shane is Council’s Executive Manager Corporate and Business Services. He manages the areas of Human Resources, Information Technology, Records Management, Customer Service, Financial Services, Parking Control, Devonport Entertainment & Convention Centre and Risk Management. Shane has 11 years Local Government experience. Shane was nominated for the outstanding leadership and commitment he shows to the Devonport Council. He is a very capable and proficient Manager who is able to handle a wide range of issues and projects at any one time. Shane works to the highest professional and ethical standards. Shane is a great support to other managers and is committed to developing consistent leadership across the Management Team. Jamie Goodwin was nominated for the Emerging Leader of the Year Award. The aim of this award is to:
To recognise and encourage emerging leadership and excellence in local government in Tasmania
To enhance the profile of LGMA Tasmania and promote awareness of the role played by local government professionals.
During the 4 years Jamie has been with Council he has held a number of roles primarily within the Contract Administration and Project Management areas of Council. In mid 2014, Jamie was appointed as the Technical Support Supervisor for Council. His current position involves supervising six employees in the areas of Asset Management, Contract Administration and Projects as well as contributing to the management of the Infrastructure and Works Department. Jamie was nominated because he portrays the potential and dedication to become a senior manager. His work ethic combined with his rapport with colleagues and community members is credible. He is well respected by all
ITEM 9.9
PAGE 100 Report to Council meeting on 27 April 2015
members of Council's Executive Leadership Team, who recognise that he has the capabilities and traits to become a future leader. Both Shane and Jamie were successful in their categories and each received $1,000 to assist with the undertaking of a professional development activity directly relevant to their work in Local Government. They are now nominees for the National LGMA Federation Awards for Excellence which will be announced at LGMA Congress to be held in Darwin from 29 April to 1 May. 4.4.
5.
With the Mayor attended a ‘Local Government Reform Meeting’ organised by the Cradle Coast Authority. The meeting was attended by Cradle Coast Member Councils Mayors and General Managers to further discuss the issue and to obtain an understanding of each council’s position. Apart from Burnie and Devonport (and to a minor degree West Coast) there is no appetite for any form of voluntary amalgamation, instead the preference is for further resource sharing exploration.
STATE AND FEDERAL GOVERNMENT PROGRAMS 5.1.
The Local Government Division has circulated to councils a consultation paper relating to the review of the Local Government (Meeting Procedures) Regulations 2015. The current Regulations expire on 29 June 2015 and must be replaced or redeveloped by this time. Previously the Local Government Division sought comments from councils on changes/improvements to the Regulations. A copy of the consultation paper is attached. A number of issues are proposed to be clarified in the new Meeting Regulations including:
Express exclusion of virtual attendance at Council meetings,
Pecuniary Interest provision to be consistent with the definition under section 49 of the Act.
Current provision relating to advertising via local newspapers for ordinary council and committee meetings removed. Instead a new provision which will only require councils to advertise once per year the times/places of scheduled ordinary meetings. Advertising of special meetings to be maintained.
Clarification that in future not only the meeting agenda but also associated reports/documents are to be made available for public inspection.
Clarification at sub-regulation 16(1) relating to the provision of motions and the power for the chairperson to rule that a motion will not be discussed.
Clarification relating to the overturning of a decision (regulation 18).
Clarification of regulation 19 insofar as it relates to discussion of a resolved matter of which a decision was made earlier by the council at the same meeting.
Clarification around audio recording, minutes of Closed Meetings and the public availability of minutes.
Proposed change to regulation 41 to clarify that for the purpose of subregulation 41(2) it is a reasonable step for the chairperson to request the assistance of a police officer to remove a member of the public from a meeting. ITEM 9.9
PAGE 101 Report to Council meeting on 27 April 2015
The Division is seeking comment on whether there should be limitations on the chairperson’s power to adjourn meetings expressly including in the Regulations. Two alternative options have been provided: Option 1 - Include a limitation to the Chairperson’s powers to adjourn be included which would require any proposal to adjourn confirmed by a simple majority of the council. Option 2 - no change to meeting regulations noting that the Chairperson’s use of the power to adjourn under regulation 13 must be reasonable, in good faith, and having regard to proper purpose. (Proposed Response – no change to meeting regulations). The Division is also seeking comment on Closed Meeting and the Minutes of Closed Meetings. A potential change to the scope of issues for which a council may move into closed session. The options under consideration include: Option 1 – No change Option 2 - Procedural change, ie a two step consideration process for closed council matters; and Option 3 – Adjusting the scope of the ground for which a meeting can be closed. (Proposed Response – the option of no change to the existing provisions (apart from those minor clarification included in the consultation paper) however there would be some benefit in guidance notes being provided which support the current provisions). 5.2.
The Local Government Division has also advised that the Local Government (General) Regulations 2005 are due to expire on 29 June 2015. Council has previously commented on the issue. The key changes which have been identified include:
an amendment to the declaration of office to include an oath to comply with the code of conduct;
increases in:
-
the threshold for inviting public tenders from $100,000 to $250,000;
-
the threshold for instalment payment of rates from ‘$100 or less’ to $300 or less; and
-
the prescribed amount for which a council is required to publish notices in a newspaper regarding money remaining after selling land for unpaid rates from $50 to $250.
amendment to s337 (council land information certificate) questions prescribed in Schedule 6 to: (i)
increase understanding of potential purchasers of pothernal issues with implications for the relevant property;
(ii)
clarify the extent of council’s responsibilities for these issues; and
(iii)
provide information to potential purchasers about the relevant body with the capacity to provide further information about the relevant property. ITEM 9.9
PAGE 102 Report to Council meeting on 27 April 2015
(It is proposed to achieve this through changes to the form of the s337 (Council land information certificate) questions by including amended ‘important notes’ and ‘introductory notes’ in respect to contaminated site notices, water quality, planning, building and occupancy permits, highways and access issues). 6.
OTHER 6.1.
Council recently hosted a mature age participant through a Tasmanian Chamber of Commerce and Industry (TCCI) retraining program. The participant was provided with work experience in the Governance, Community Services and Finance areas over a four week period. A graduation ceremony to celebrate the completion of the program was held recently.
6.2.
Council has also hosted a Work for the Dole participant over the past six months. This person gained work experience primarily in the health, building and planning administrative areas. An opportunity was also provided which allowed the person to gain exposure to the IT area.
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.
Consultation_Paper - Meeting Procedures
2.
Action Report on Council Resolutions - April 2015
3.
Media Release - Cradle Coast Authority
RECOMMENDATION That the report of the General Manager be received and noted. Author: Position:
Paul West General Manager
ITEM 9.9
P PAGE 103 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
ITEM 9.9
P PAGE 104 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
ITEM 9.9
P PAGE 105 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
ITEM 9.9
P PAGE 106 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
ITEM 9.9
P PAGE 107 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
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P PAGE 108 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
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P PAGE 109 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
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P PAGE 110 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
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P PAGE 111 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
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P PAGE 112 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
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P PAGE 113 Consultation_ C _Paper - Mee eting Procedu ures
ATTTACHMENT [1 1]
ITEM 9.9
PAGE 114 Action Report on Council Resolutions - April 2015
ATTACHMENT [2]
DEVONPORT CITY COUNCIL ACTION REPORT ON COUNCIL RESOLUTIONS - APRIL 2015 OPEN SESSION MEETING DATE
RESOLUTION NO
March 2015
49/15
52/15
RESPONSIBLE OFFICER
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
Budget Allocation - Planting of Trees - Ald L M Laycock Rooke Street Mall Improvements
Deferred pending Working being held.
In progress
Scheduled for workshop in May.
Made a determination in relation to its capital budget for improvements in the Rooke Street Mall. Advise Minister for Local Government this Council is prepared to participate but encourages the Minister to consider referring the issue to the Local Government Board for advice. Formally advise neighbouring Councils of its position. Approved plan to modify building creating more useable space, allocated $17,500 in 2015/16 capital works budget to assist if works proceed and waived building and planning fees associated with works. Report relating to review of Shareholders’ Letter of Expectations be received and noted and that Council provide comments to TasWater in line with contents of this report.
In progress
Planning a meeting with DCCI Retail Group to discuss further.
EM (C&B)
Completed
Letters sent to: Minister for Local Government Mayors of Kentish, Latrobe and Central Coast Councils
GM
Completed
Letter sent to Surf Club advising of decision. Allocation made in 2015/16 Capital Budget.
GM
Completed
Information provided to Taswater
Parking Free days: Present information to Devonport Chamber of Commerce Retail Sub Committee and explore with them alternative methods to encourage retail activity.
In progress
Planning a meeting with DCCI Retail Group to discuss further.
Public Wi-Fi trial: Continue provision of free Wi-Fi services in Rooke Street Mall; Consider future expansion of Wi-Fi as part of 2015/16 budget deliberations
Complete
53/15
Voluntary Amalgamation Program
54/15
Devonport Surf Life Saving Club Request for Assistance
55/15
Governance and Finance Committee - 16 March 2015
ITEM 9.9
In progress
GM
EM (C&B)
PAGE 115 Action Report on Council Resolutions - April 2015
MEETING DATE
RESOLUTION NO
March 2015
55/15 (cont.)
TOPIC
56/15
Anzac Centenary Request
57/15
War Memorials
58/15
War Memorials
59/15
LIVING CITY Update - March 2015
60/15
Tender Architectural Design - Stage 1 LIVING CITY
ATTACHMENT [2]
RESOLUTION/ITEM
STATUS
COMMENTS
GFC 5/15
Completed
Adopted and available on Council website.
Council adopt the Harassment, Bullying and Anti-Discrimination Policy with immediate effect. GFC 6/15 Audit Panel Charter be adopted. Noted additional costs and resources are likely to be incurred which may result in a budget overrun of up to $4,500 to assist in commemorating the ANZAC Day centenary. Determined to approve request from Vietnam Veterans Association Mersey-Leven SubBranch to construct proposed Returned Vietnam Veterans War Memorial Wall, on completion Council will be responsible for ongoing maintenance and asset management requirements. Determined to approve request from Devonport RSL Sub-Branch to construct proposed Gallipoli Campaign War Memorial Wall, on completion Council will be responsible for ongoing maintenance and asset management requirements. Council invite Expressions of Interest in the operation and management of a new convention facility, including potential integrations with existing Devonport Entertainment and Convention Centre. Award contract to Lyons Architects for design phases one and two for a lump sum total of $306,488.
ITEM 9.9
Completed Completed
RESPONSIBLE OFFICER EM (C&B)
EM (CS)
Completed
Advised of approval Letter of support provided to assist with accessing funding
EM (CS)
Completed
Further consultation undertaken with stakeholders Location of wall agreed upon
EM (CS)
Completed
EOI have been advertised and close on 28 April. A report on the outcome will be provided to Council’s May meeting.
DGM
Completed
Contract has been awarded to Lyons and work has commenced.
DGM
PAGE 116 Action Report on Council Resolutions - April 2015
ATTACHMENT [2]
Previous Council Resolutions - still being actioned MEETING DATE
RESOLUTION NO
February 2015
January 2015
RESOLUTION/ITEM
STATUS
COMMENTS
30/15
Entry Corridor Ferry Terminal to Bass Highway Ald J F Matthews
In progress
Listed on East Devonport Special Interest Group Agenda for 28 April 2015.
EM(CS)
35/15
Community Services Committee Meeting - 16 February 2015
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 relation to outdated Bass Highway tourism signage endorse proposed design and proceed with installation.
In progress
Installation of sign to be completed by end of May 2015.
EM(CS)
Council, subject to positive stakeholder consultation, work with Rotary Club of Devonport North Inc to see planting of trees at Meercroft Park as soon as possible. Engage a suitable consulting firm to prepare a report on drainage issues related to 160B Sheffield Road and Gibson Court subdivision.
Completed
Report provided to Community Services Committee on 20 April
In Progress
SEMF have been engaged to undertake the study with a final report to be provided by June 2015.
DGM(IW&D)
Remain committed to working with neighbouring Councils, State Government and Tas Ports on growing the potential of Devonport Airport including attracting a budget airline. 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.
In Progress
Maintaining a watching brief in regards to this issue.
GM
In progress
Discussions are continuing with the Lions Club.
DGM(IW&D)
3/15
Drainage Issues 160B Sheffield Road and Gibson Court Subdivision Ald J T Keay Budget Airline
308/14
December 2014
RESPONSIBLE OFFICER
TOPIC
316/14
Spirit of the Sea Level of Service
ITEM 9.9
PAGE 117 Action Report on Council Resolutions - April 2015
ATTACHMENT [2]
 MEETING DATE
RESOLUTION NO
TOPIC
RESOLUTION/ITEM
STATUS
COMMENTS
October 2014
211/14
Youth Engagement
Completed
Outcomes of consultation will inform Draft Youth Policy.
EM (CS)
221/14
VIC - Amended operational hours
Continue youth engagement through Council activities and determined that the Youth Policy be reviewed and included within Community Development Framework. Further that technology be used to seek input and feedback from young people. List as a future Workshop topic the options which may be available for the Council owned land adjacent to the entry/exit to the Spirit of Tasmania ferry terminal at 2-12 Murray Street, East Devonport, acquired in 2009.
In progress
To be listed for Workshop discussion.
GM (KH)
ITEM 9.9
RESPONSIBLE OFFICER
PAGE 118 Action Report on Council Resolutions - April 2015
ATTACHMENT [2]
CLOSED SESSION MEETING DATE
RESOLUTION NO
March 2015
63/15 65/15 66/15
TOPIC Purchase of Property Treasury Financial Survey Purchase of Pontoon
RESOLUTION/ITEM General Manager authorised to purchase agreement. Forward survey response to Treasury Council noted action taken purchase of pontoon and determination to finalise agreement.
finalise
regarding made a purchase
STATUS
COMMENTS
In progress
Negotiations continuing between Council and Vendor. Survey response provided to Treasury. Terms of agreement provided to Council’s Solicitors awaiting finalisation by Vendor.
Completed In progress
RESPONSIBLE OFFICER GM DGM GM
Previous Council Resolutions - still being actioned MEETING DATE
RESOLUTION NO
February 2015
44/15
December2015
320/14
June 2014
132/14
TOPIC Options for Acquisition of Property LIVING CITY Business and Professional Precinct Proposal Fenton Villas
RESPONSIBLE OFFICER
RESOLUTION/ITEM
STATUS
COMMENTS
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
Will be progressed following completion of current priorities.
GM
Ongoing
Awaiting response from potential tenant.
DGM(IW&D)
In progress
Proposal received relating to management options. Under consideration.
EM (C&B)
Liaising with Housing Choices re contractual obligations.
ITEM 9.9
P PAGE 119 Media M Releasse - Cradle Coast Authoriity
ATTTACHMENT [3 3]
ITEM 9.9
PAGE 120 Report to Council meeting on 27 April 2015
10.0
CUSTOMERS AND COMMUNITY REPORTS
10.1
REMOVAL OF TREES AT HOME HILL File: 22973 D363485
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 4.3.1
Develop and implement initiatives to preserve and maintain heritage buildings, items and places of interest within the City of Devonport
SUMMARY To consider removal of trees at Home Hill.
BACKGROUND Home Hill was built by Joseph and Enid Lyons in 1916. After Sir Joe’s death in 1939, Dame Enid remained living at Home Hill until she herself passed away in 1981. The Devonport Council took over ownership of the buildings and property grounds in 1977. In 1983, the Council handed over responsibility of the contents of Home Hill to the National Trust Australia (Tasmania). Dame Enid bequeathed Home Hill (grounds and house) to Council and the collection to the National Trust. The Council is responsible for the maintenance and development of the buildings, gardens and grounds at Home Hill. Concerns have been raised as to the condition and position of 13 existing trees (Botanical name; Callitropis macrocarpa, commonly known as Macrocarpa pine), planted by Dame Enid Lyons. The trees are now mature and safety concerns have been raised due to existing conditions. An Arborist report was undertaken and is attached to this report.
STATUTORY REQUIREMENTS There are no statutory requirements which relate to this report.
DISCUSSION The recommendation of the Arborist report is to remove the trees as soon as practical due to the general structural condition and close proximity to visitor parking and property of Home Hill. Any attempt at retention of these trees would require the immediate removal of dead wood, canopy thinning and weight reduction of overextended limbs, especially on the northern side of the hedgerow. All these interventions would be expensive, ongoing and could be ultimately unsuccessful in keeping the trees stable or completely mitigating any risk of structural failure. The removal of the trees will be significant for the property in terms of losing aesthetics, as the trees form a back drop to the residence. It will also result in the loss of cultural and heritage value, owing to Dame Enid Lyons planting the trees. An opportunity may exist to address the risk as identified in the Arborists report, and utilise the remaining trees for a sculpture walk similar to a recently completed project at George Town and Campbell Town which feature historic figures. The potential of this project has not been discussed with National Trust. ITEM 10.1
PAGE 121 Report to Council meeting on 27 April 2015
After contacting the artist involved with the George Town project, the trunks of the trees once reduced in height can remain in place until such times as Council and National Trust determine whether a project of this kind would be appropriate for Home Hill. The timber is required to sit for six months prior to being sculpted, and may be a project over a period of time which may attract funding.
COMMUNITY ENGAGEMENT No community consultation has been undertaken. The trees are located at the back of the property, on the boundary of 79 Middle Road, which is privately owned. The impact of removing the trees has not been discussed with the owners, however if removal is supported by Council prior to any work occurring on site the owners will be contacted to ascertain any concerns they may have with the proposed works. The impact and preference of removal or to undertake maintenance of the trees and leave in situ for a possible sculpture walk, has not been discussed with the National Trust, the Lyons family or the Home Hill Coordinator or volunteers.
FINANCIAL IMPLICATIONS The cost of removing the trees is estimated at $30,000, this amount will reduce if the stumps are left in situ for a potential sculpture walk. The removal of the trees is not currently allocated in the budget however if approved it will result in an over expenditure in the Home Hill operational account in the current financial year. There is sufficient capacity within the overall budget for the works to be undertaken especially considering the clear need established.
RISK IMPLICATIONS
Assets, Property and Infrastructure Complete removal of the trees will remove the existing risk to the property.
Communication/Reputation The impact of removing the trees requires liaison with National Trust and the adjoining property owners. There may be some angst due to the removal of trees owing to them having historical significance. The grounds of Home Hill require a heritage garden plan to ensure they continue to be protected and conserved, as the gardens are a legacy of Dame Enid Lyons who designed and planted the garden. An allocation has been included in the draft 2015/16 budget estimates to develop a heritage garden plan for Home Hill. To leave the stumps in situ to develop a sculpture walk may assist in retaining the heritage and cultural value. The significance of planting 13 trees on the property by Dame Enid Lyons has not been substantiated; there may be a risk that the Lyons Family do not support the removal of the trees due to their relevance.
Professional Indemnity/Public Liability Complete removal of the trees will remove the risk of harm to visitors to the site, due to the trees being located directly adjacent to visitor parking.
ITEM 10.1
PAGE 122 Report to Council meeting on 27 April 2015
CONCLUSION Home Hill is an important historic asset owned by Council. Existing trees on the property have high level historic and cultural value; however they require removal due to the maturity of the trees and the risk they pose to the public and the historic homestead Home Hill. In an effort to retain the cultural and heritage value of the trees, it is proposed that immediate risks be addressed and the trunks are left in situ at a height of six meters, thus allowing for further exploration of the potential to develop a sculpture walk (wood carvings) in collaboration with stakeholders.
ATTACHMENTS 1.
Home Hill Tree Report
2.
Home Hill – DCC land within the red box
RECOMMENDATION That Council: a)
note the Arborists report conducted at Home Hill and determines due to identified safety concerns to remove the trees at the property, subject to confirmation of support from the National Trust and stakeholders;
b)
agree to leaving the trunks at a height of approximately six metres to allow consideration of the development of a future sculpture walk at Home Hill;
c)
acknowledge that the removal of the tress will result in an over expenditure of the current Home Hill budget; and
d)
include an allowance in the 2015/16 budget to potentially progress the sculpture walk concept, or alternatively remove the trunks if necessary.
Author: Position:
Evonne Ewins Assistant General Manager, Customers & Community
Endorsed By: Position:
ITEM 10.1
Paul West General Manager
P AGE 123 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 124 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 125 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 126 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 127 Home H Hill Tree Report
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P AGE 128 Home H Hill Tree Report
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P AGE 129 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 130 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 131 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 132 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 133 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 134 Home H Hill Tree Report
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P AGE 135 Home H Hill Tree Report
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P AGE 136 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 137 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 138 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 139 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 140 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P AGE 141 Home H Hill Tree Report
ATTTACHMENT [1 1]
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P PAGE 142 Home H Hill – DCC land with hin the red bo ox
ATTTACHMENT [2 2]
ITEM 10.1
PAGE 143 Report to Council meeting on 27 April 2015
11.0
TECHNICAL AND FINANCE REPORTS
11.1
LANEWAY OFF LOVETT STREET File: 17934 D364919
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.5.1
Provide financial services to support Council's operations and meet reporting and accountability requirements
SUMMARY This report seeks Council’s consideration of a request from the Department of Health and Human Services to transfer a parcel of land off Lovett Street to Council.
BACKGROUND Council received a letter from Department of Health and Human Services (DHHS) on 11 February 2015 proposing that the parcel of land associated with a small service laneway off Lovett Street approximately 100m south of the Don Road intersection be transferred to Council. A copy of the letter and the property title is attached. In reviewing the request, it was decided that there was no clear justifiable reason for Council to take over the laneway. There was also concerns raised that given the poor condition of the laneway that the adjacent property owners would most likely expect an upgrade of the laneway if it were in Council ownership. A response was provided in writing on 17 February 2015 and a copy of the reply is attached. DHHS have since offered the land to adjoining property owners. These property owners have now raised concerns with Council regarding access and use of the laneway on an ongoing basis.
STATUTORY REQUIREMENTS Council’s legislative obligations regarding roads are outlined in the Local Government (Highways) Act 1982.
DISCUSSION In considering the initial request from DHHS, the following aspects were considered in forming a reply:
the land is titled ‘roadway’ and the public have had carriage over the land for many years, therefore unless it is closed under an extensive legislative process it legally must remain open for public use regardless of ownership;
the laneway only provides secondary access to all the adjacent properties, with each having an alternative primary access from a Council maintained road; and
additional maintenance costs and likely expectations to upgrade.
The laneway is designated ‘Roadway’ on the Plan of Title and is approximately 10m wide and 90m long. The laneway provides secondary access to each of the adjacent properties. Site investigations have shown that a number of the adjacent properties utilise
ITEM 11.1
PAGE 144 4 uncil meeting on o 27 April 201 15 Report to Cou
the lanew way regula arly, particu ularly by c ommercia al propertie es on Don Road to access a the e southern sside of their propertie es. The current infrastru ucture sup pporting th he laneway is a driveway crosssover at the t Lovettt Street end way to a gravel d and narrow bitume en access w g turning area a at the eastern end off the lanew way. The la aneway is clearly c esta ablished and consistss of a 2-co oat bitumen seal with h wide grav vel verges. The acce ess way an nd turning area a have not been built to an ny relevantt standard. Stormwatter run-off is not curre ently collec cted and no n street lig ghting is prrovided.
If Councill were to take overr the owne ership of the t lanewa ay, due to o public lia ability riskss Council w would be required r to o inspect the lanew way and re espond to defects of o a safety y concern ssuch as po otholes, trip p hazards e etc. As the exxisting infra astructure ages a the rrequiremen nt for main ntenance will increa ase and att some poin nt in the future will require repla acement. Council h have recen ntly receive ed a num ber of letters from so ome of the e adjacen nt property y owners indicating that they would w not be looking for Council to fun nd any infrrastructure e works in th he laneway. It has been highlighted that the lanew way does assist in minimising m congestio on on Don n Road, with heavy ve ehicles accessing the e commerrcial prope erties unloa ading and exiting via a the lanew way. This prevents p tru ucks from e exiting bac ck onto Do on Road a nd allows unloading g to occur a away from m Don Road d and the c customer parking p at the front o of the prop perties. The installation of traffic lights at the D Don Road//Sorell Street intersec ction has negatively n y impacted d on the primary ac ccess to ssome of the t properties in thiis location n and the e laneway d does in part assist in negating n tthe issues. Whilst pub blic accesss is reasona ably prote cted by le egislation and a not like ely to be lo ost, there iss an argum ment that Council C arre the mosst logical authority a to own the e laneway y. It differss from simila ar parcels of land in residentia al areas, in that it assiists in impro roving general traffic c amenity, p particularly y with heavy vehicless.
COMMUNITTY ENGAGEM MENT There has been no community c y engagem ment as a result r of this report.
FINANCIAL IMPLICATIO ONS If Council take overr the owne ership of th he laneway y there wo ould be ad dditional costs to the e operation nal budgett for reactiv ve mainten nance. These additional costs would be to reduce e public liab bility risks and would be in the o order of $500 to $1,00 00 per yearr.
ITEM 11.1
PAGE 145 Report to Council meeting on 27 April 2015
As the existing infrastructure ages, it will eventually need to be replaced. An allocation would need to be included in Council’s forward works program for a future capital works budget allocation.
RISK IMPLICATIONS
Assets, Property and Infrastructure The poor condition of the existing infrastructure would be a risk to Council if they were to take over the ownership with some initial maintenance required.
Financial In taking ownership Council may risk being pressured in the future to upgrade the laneway which would have financial implications.
Professional Indemnity/Public Liability If Council were to take over the ownership of the laneway public liability responsibilities would become Council’s.
CONCLUSION Council have been requested to take ownership from the DHHS of a service laneway off Lovett Street. This request was initially refused, however the adjacent property owners have raised valid points and the matter is now provided to Council for consideration.
ATTACHMENTS 1.
Letter - Laneway off Lovett Street - Housing Tasmania
RECOMMENDATION OPTION 1 That Council endorse the earlier decision to decline the offer from Department of Health and Human Services to transfer the service laneway off Lovett Street (CT197353/1) to Council. OR OPTION 2 That Council accept the offer from Department of Health and Human Services to transfer ownership of the service laneway off Lovett Street (CT197353/1) to Council and commit to undertaking basic maintenance of the laneway.
Author: Position:
Kylie Lunson Infrastructure and Works Manager
Endorsed By: Position:
ITEM 11.1
Matthew Atkins Deputy General Manager
P PAGE 146 Letter L - Lanew way off Lovettt Street - Hou using Tasman nia
ITEM 11.1
ATTTACHMENT [1 1]
P PAGE 147 Letter L - Lanew way off Lovettt Street - Hou using Tasman nia
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ATTTACHMENT [1 1]
P PAGE 148 Letter L - Lanew way off Lovettt Street - Hou using Tasman nia
ITEM 11.1
ATTTACHMENT [1 1]
P PAGE 149 Letter L - Lanew way off Lovettt Street - Hou using Tasman nia
ITEM 11.1
ATTTACHMENT [1 1]
PAGE 150 Report to Council meeting on 27 April 2015
11.2
MERSEY BLUFF SEA WALK File: 26983 D366904
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.3.4
Provide accessible and sustainable parks, gardens and open spaces to appropriate standards
SUMMARY This report outlines a proposal from the Rotary Club of Devonport North to develop a Sea Walk around the Mersey Bluff headlands. The idea has merit and a feasibility study should be supported by Council to provide further information regarding the cost, viability and on-going implications of what would be a significant piece of community infrastructure. In considering support for any new capital grant requests, Council must be careful not to risk funding for its key economic priority, LIVING CITY.
BACKGROUND A presentation was made to Council at its workshop on 30 March 2015 by Mr Leigh Titmus, Mr Buz Green and Mr Greg Astell from the Rotary Club of Devonport North on an idea to develop a pedestrian Sea Walk around the headlands of the Mersey Bluff precinct. A briefing paper was distributed to Aldermen as part of the presentation and a copy of this document is included as an attachment.
STATUTORY REQUIREMENTS There are no direct statutory implications related to this report.
DISCUSSION Features of the proposed walkway are detailed in the attachment and there is no doubt if built it would create an iconic attraction for Devonport and the broader North West region of Tasmania. It would complement Devonport’s existing shared pathways and provide a further attraction to the recently redeveloped Mersey Bluff. In their submission, the Rotary Club of Devonport North clarify that they consider their role to be limited to facilitating support for the project and assisting with securing funding. They do not intend to finance, project manage or own the completed structure with these responsibilities most likely to rest with Council if the project was to proceed. The Club intends to source funding for a feasibility study into the idea and a submission has been made to the State Government for financial support. Given the significant role Council would need to play in establishing the Sea Walk and then accepting responsibility for ongoing ownership and maintenance there are a number of important considerations that should be investigated as part of the study before Council fully commits to the project. These include: Construction cost – An understanding of the likely cost of the project is required. The necessary budget would be largely dependent on the final size and length of the walkway. The location is an extremely harsh environment, requiring any construction to be from materials that can withstand the conditions. Construction access would also be very difficult, likely adding significantly to the build cost.
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Construction feasibility – The engineering design and actual construction would be a significant undertaking and the feasibility of actually being able to physically construct the walkway needs consideration as part of any study. Whilst it is envisaged the walkway would be constructed offsite the actual installation would pose challenges including erection of the walkway sections, access for concrete placement, rock drilling and footing excavations. Operational impact – Council ownership of the walkway would result in increased operating costs being incurred. Depreciation alone would likely be a significant amount per year. Other operating costs would be dependent on the final design and may include maintenance to the walkway structure, lighting, seating, interpretive signage, etc. Public support – Given the proposal is to create a significant community asset, an indication of the community’s willingness to support the concept should be obtained. Whilst potentially not as controversial as the Spirit of the Sea statue, it still involves a major investment from Council on an ongoing basis and potentially development of a site which some sectors of the community consider has significant aboriginal and geological importance. The other consideration for Council in addition to the feasibility study is the connections between the Sea Walk proposal and LIVING CITY. Council has invested significantly in its LIVING CITY strategy over the past five years and it has become the predominant strategic objective of the organisation and a project of regional importance. The success of the strategy to date can in many ways be attributed to Council’s united view that LIVING CITY proposes the best opportunity for economic revitalisation of Devonport and the broader region and therefore has been identified as the number one priority when lobbying other tiers of Government. Initial estimates have highlighted that a Federal Government contribution in the order of $25 million over the life of the project is required if the LIVING CITY Master Plan is to be fully implemented. While the proposed Sea Walk would complement one of the key objectives of LIVING CITY to establish Devonport as the region’s tourist base, it should not be pursued until funding is secured for the core elements of LIVING CITY strategy as detailed in the Master Plan. This will ensure Council remain committed to what has been its overarching economic development objective in recent years and not present the confusion of competing priorities. Over the coming decade as various stages of LIVING CITY are realised, the need to further enhance the City will be necessary and being prepared at that time with a concept such as the proposed Sea Walk has merit.
COMMUNITY ENGAGEMENT It is understood that the Rotary Club of Devonport North are yet to undertake any broad community consultation and rather are seeking an indication of Council’s support prior to broader public consultation.
FINANCIAL IMPLICATIONS There are no immediate financial implications from this report, however should the proposal proceed there will potentially be significant new capital and operational budget impacts for Council.
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RISK IMPLICATIONS
Political/Governance Council has been able to gain both State and Federal Government support for LIVING CITY in recent years. The success in obtaining this political support has in many ways been a result of Council’s united view and single priority for the City. In considering support for alternative capital grant requests Council must be careful not to risk funding for its key economic priority, LIVING CITY.
CONCLUSION The Rotary Club of Devonport North’s idea to develop a Sea Walk around the Mersey Bluff headlands has merit and a feasibility study should be supported by Council to provide further information regarding the cost, viability and on-going implications of what would be a significant piece of community infrastructure. Whilst the Sea Walk could complement some of the objectives of LIVING CITY it should not be a Council priority until the LIVING CITY Master Plan has been realised.
ATTACHMENTS 1.
Devonport Bluff SeaWalk - Proposal Introduction
RECOMMENDATION 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; and
3.
inform the Club that while it considers the project has merit its current strategic priority for capital funding is the LIVING CITY Master Plan and Council would be unlikely to pursue the Sea Walk until it’s LIVING CITY priorities are adequately advanced and funded.
Author: Position:
Matthew Atkins Deputy General Manager
Endorsed By: Position:
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Paul West General Manager
P PAGE 153 Devonport D Blu uff SeaWalk - Proposal Inttroduction
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P PAGE 154 Devonport D Blu uff SeaWalk - Proposal Inttroduction
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P PAGE 155 Devonport D Blu uff SeaWalk - Proposal Inttroduction
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P PAGE 156 Devonport D Blu uff SeaWalk - Proposal Inttroduction
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12.0
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.
Item No
Matter
Local Government (Meeting Procedures) Regulations 2005 Reference
12.1
Applications for Leave of Absence
15(2)(j)
12.2
Unconfirmed minutes - Cradle Coast 15(2)(f) Authority Board meeting held on 10 March 2015 and Dulverton Regional Waste Management Authority Board Meeting held on 20 April 2015
12.3
Closed Session - Infrastructure, Works and 15(2)(a) Development Committee Meeting - 13 April 2015
12.4
Community Representatives - LIVING CITY 15(2)(a) Reference Group
CLOSURE There being no further business the Mayor declared the meeting closed at
pm.
AS THIS CONCLUDES THE OPEN SESSION SECTION THE RECORDING OF THE MEETING WILL NOW CEASE AT ______ PM.
ITEM 12.0