Agenda governance and finance committee 20 july 2015 by Devonport City Council

NOTIICE OF MEE ETING

d Finance e Committtee meeting of the e Notice is hereby given that a Govern ance and ouncil willl be held d in the Council Chambers, C , 44-48 Be est Street,, Devonporrt City Co mmencing Devonporrt, on Monday 20 July y 2015, com g at 6:00pm m. he public a at 6:00pm. The meetiing will be open to th QUA ALIFIED PERS SONS In accord dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.

Paul Westt GENERAL MANAGER R 015 15 July 20

AGENDA FOR A MEETING OF THE GOVERNANCE AND FINANCE COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 20 JULY 2015 AT THE COUNCIL CHAMBERS AT 6:00PM Item

1.0

Page No.

APOLOGIES ............................................................................................... 1 Ald CD Emmerton

2.0

DECLARATIONS OF INTEREST ........................................................................ 1

3.0

PROCEDURAL............................................................................................. 2

3.1

PUBLIC QUESTION TIME ...................................................................................................................... 2

3.1.1

Questions on notice from the public ........................................................................................... 3

3.1.2

Question without notice from the public .................................................................................... 3

3.2

QUESTIONS ON NOTICE FROM ALDERMEN .............................................................................................. 3

4.0

GOVERNANCE AND FINANCE REPORTS ......................................................... 4

4.1

Mayor's Monthly Report (D374879)............................................................................................... 4

4.2

Council Policy Review - Financial Assistance Policy, Community Engagement Policy, Tree Policy, Street Trading Policy, Sponsorship Policy, Investment Policy, Complaint Handling Policy, Dealing with Difficult Customers Policy (D373918) .................. 6

4.3

Local Government (Meeting Procedures) Regulations 2015 and Local Government (General) Regulations 2015 (D375740) .............................................................. 40

4.4

Local Government Association of Tasmania - Annual General Meeting and General Meeting - 22 July 2015 (D377499) ............................................................................... 45

4.5

Elected Members' Expenditure Report - May/June 2015 (D377548).................................... 52

4.6

Annual General Meeting (D377612) .......................................................................................... 55

4.7

Valuation of Property, Plant and Equipment (D377712) ........................................................ 57

4.8

Governance & Finance Report (D376104) ............................................................................... 60

5.0

CLOSURE ................................................................................................ 81

PAGE 1 Governance and Finance Committee meeting Agenda 20 July 2015

Agenda of a meeting of the Devonport City Council’s Governance and Finance Committee to be held at the Council Chambers, Fenton Way, Devonport on Monday 20 July 2015 commencing at 6:00pm. PRESENT Present Chair

Ald J T Keay Ald C D Emmerton Ald G F Goodwin Ald L M Perry Ald A L Rockliff

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

2.0

Apology

DECLARATIONS OF INTEREST

ITEM 3.0

PAGE 2 Governance and Finance Committee meeting Agenda 20 July 2015

3.0

PROCEDURAL

3.1

PUBLIC QUESTION TIME

Members of the public are invited to ask questions in accordance with the following resolution of Council (Min Ref 5824): 1.

Public participation shall take place at Council meetings in accordance with Regulation 31 of the Local Government (meeting Procedures) Regulations 2005.

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

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

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

A member of the public may give written notice to the General Manager 7 days before an ordinary meeting of Council of a question to be asked at that meeting.

A member of the public will be entitled to ask questions relating to the activities of Council, giving an explanation that is necessary to give background to the question and ask supplementary or follow up questions relating to that specific matter that may come to light as a result of the answer.

Questions do not have to be lodged prior to the meeting, whether verbal or in writing. If a verbal response cannot be given or if specifically a written response is required, the question must be reduced to writing and be submitted to the Chairperson prior to the end of the public section of the meeting.

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

The Chairperson may a.

Address questions on notice submitted by members of the public;

Refuse to accept a question.

10.

If the Chairperson refuses to accept a question, the Chairperson is to give reason for doing so.

11.

Verbal questions and the fact that a verbal response was supplied will be recorded in the minutes and where a written question is submitted the written question will be included in the minutes as well as any written answer or summary of that answer to that question.

12.

Council will continue its current practice of receiving deputations from organisations and individuals who wish to make submissions to Council at informal workshop sessions held between Council meetings. The date and purpose of any workshop sessions will be listed in the next agenda. Where necessary, reports of those deputations will be included in future agendas for Council to make a decision.

ITEM 3.0

PAGE 3 Governance and Finance Committee meeting Agenda 20 July 2015

3.1.1

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

3.1.2

Question without notice from the public

3.2

QUESTIONS ON NOTICE FROM ALDERMEN

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

ITEM 3.0

PAGE 4 Report to Governance and Finance Committee meeting on 20 July 2015

4.0

GOVERNANCE AND FINANCE REPORTS

4.1

MAYOR'S MONTHLY REPORT File: 22947 D374879

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 May 2015. Due to an oversight, this report was not included in the June Council meeting agenda. The monthly report for June will be provided at the July Council meeting.

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 May 2015:                         

Steve Farquer, Qantaslink - Hobart John Fitzgerald, Tourism Tasmania – Hobart Spreyton Bowls Club Annual Presentation Night Nixon Street Primary School election day sausage sizzle Mersey Cup DFC vs EDFC Devonport Football Club Magpie Ball Subaru National Road Women’s Cycling Series Presentations – Riana Launch of Beacon in Devonport Budget workshop “Kids Crossword Competition” draw – Spirit tourism operator Community Development Committee Health Forum – Minister Ferguson 7AD Radio interviews Resident meetings Taste the Harvest – Lions Club LIVING CITY architect briefing Arts Culture & Tourism Special Committee TasPorts – Phillip Cooke Sport & Recreation Special Committee Trades Challenge Committee Learning Communities Special Interest Committee Devonport High School Student Leaders Mayor’s Charity Gala Bernard Dwyer, CEO TT Line Devonport Community House – Volunteer Appreciation ITEM 4.1

PAGE 5 Report to Governance and Finance Committee meeting on 20 July 2015

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

Planning Authority Committee Regional Food Forum – 2 days Devonfield Enterprises – Volunteer Appreciation Meercroft Care – Volunteer Appreciation Lunch Southern Cross TV interview Walk the Talk White Ribbon meeting ABC Radio interview Council Volunteer Appreciation Breakfast Meals on Wheels Volunteer Appreciation Tiagarra Committee Official Opening Don College Science Refurbishment Project Mersey Community Care Volunteer Appreciation Luncheon Alexander Grigoriev, Community Ambassador St. Petersburg, Russia “All Shook Up” Glynn Williams, Chairman Cradle Coast Authority Council Governance & Finance Committee Youth, Family & Community Connections DCCI Federal Budget Luncheon LIVING CITY Reference Group Nixon Street Primary School Allergy Week Central Coast & Burnie Council Mayors & General Managers Prime Minister & Brett Whiteley Breakfast & Cheque Presentation Mayor’s Charity Gala announcement & presentations Building Families Community Listening Post – Mall Advocate interview Rachel Dawson, research parent involvement with child’s education RACT 50 Years Membership Luncheon General Manager’s Performance Committee Royce Fairbrother Mayor’s Charitable Trust SE Devonport Rotary Guest Speaker with John Lee-Archer Simultaneous Reading – LINC for Our Lady of Lourdes Financial Assistance Committee Allergy Week meeting Cradle Coast Authority Reps Meeting Advocate interview

ATTACHMENTS Nil

RECOMMENDATION That it be recommended to Council that the Mayor’s monthly report be received and noted.

Author: Position:

Robyn Woolsey Administration Officer

Endorsed By: Position:

ITEM 4.1

Paul West General Manager

PAGE 6 Report to Governance and Finance Committee meeting on 20 July 2015

4.2

COUNCIL POLICY REVIEW - FINANCIAL ASSISTANCE POLICY, COMMUNITY ENGAGEMENT POLICY, TREE POLICY, STREET TRADING POLICY, SPONSORSHIP POLICY, INVESTMENT POLICY, COMPLAINT HANDLING POLICY, DEALING WITH DIFFICULT CUSTOMERS POLICY File: 26315 D373918

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 review a number of Council’s existing policies.

BACKGROUND Council policies are in place to facilitate and ensure the effective and consistent administration of relevant legislation and/or matters of significance to both Council and the community. Council’s Policy Framework enhances the administration and management of policies that assist in the delivery of local governance. To guarantee the relevance and currency of Council policies, and uniformity in content and format, documents are regularly reviewed. To ensure Council policies are up to date and relevant, Council is committed to a two yearly review cycle. Currently dates of review are in line with the policy’s initial adoption date or date of last review. This practice has led to an ad hoc approach to document review, with a number of Council’s policies well past their recommended date of review, or not being updated in line with necessary changes to legislation, codes of practice etc. To streamline the process, and to facilitate good document management, it has been determined that all Council policies will have their date of review set for a dedicated date. This will assist in ensuring that all policies are reviewed within the designated timeframe, and contribute to consistency and validity of Council policies. However, if there are significant changes to legislation, processes or scope relating to a policy, it may be reviewed and amended outside of the two year cycle.

STATUTORY REQUIREMENTS Policies are drafted and reviewed based on relevant legislation pertaining to the specific policy.

DISCUSSION A review of the following Council policies has been undertaken and a summary of the minor changes made as follows: 

Financial Assistance Policy  This Policy has been significantly re-written (Policy’s intent not altered)



 ITEM 4.2

PAGE 7 Report to Governance and Finance Committee meeting on 20 July 2015



Community Engagement Policy  Change to Document Controller from Executive Assistant Community Services to Cultural and Community Development Manager  Minor formatting, grammatical and word changes (including capitalisation of words)



Tree Policy  Minor content changes (Policy’s intent not altered)  Minor formatting changes



Street Trading Policy  Minor content changes (Policy’s intent not altered)  Removal of Permit Fees Table  Removed dollar reference in regards to administration cost if an application is refused  In reference to verbal warnings for non-compliance, amended reference to “nature of infringement”, to “nature of breach”.  Added Appendix – Appendix 1 – Street Trading Map (highlighting areas covered by the Policy and By-Law)



Sponsorship Policy  Formatting changes only  Changed “Document Controller” from Executive Assistant C& C to Marketing, Tourism & Recreation Manager



Investment Policy  Simplification of existing policy (Policy’s intent not altered)



Dealing with Difficult Customers Policy  Reworded Policy purpose and reference to customer services as a Council value  Added reference to Policy’s scope  Removed reference to Service Standards  Removed reference to the customer being given the opportunity to make representations to the General Manager  Removed reference to General Manager advising customer of the application of points 1.1.1 to 1.1.4 (formerly 2.1.1 to 2.1.4)  Removed reference to General Manager advising Aldermen correspondence issued to a customer under clause 2.1 (formerly 3.1)

 Removed reference to customer having the opportunity to make representations to the General Manager about Council’s course of action under 2.1  Removed reference to General Manager providing advice to Aldermen of notifications issued under section relating to customers making unreasonable demands ITEM 4.2

PAGE 8 Report to Governance and Finance Committee meeting on 20 July 2015

 Amended section whereby complaints may be made by a customer to the General Manager, to complaints to be made in accordance with Council’s Complaint Handling Policy  Removed position title changes  Added clause pertaining to the issue of violence, damage to property or threatening behaviour by the customer  Removed reference to training of staff 

Complaint Handling Policy  Significant rewording (Policy’s intent not altered)  Added requirement for the provision of Name and Address when lodging a formal complaint  Abbreviated Clause 7 – Treatment of complainants – removed 6 points stipulating what customers want when they are making a complaint  Minor amendment to Vexatious Complaints – vexatious complaints will be referred to the General Manager for review and response (previously referral was to the General Manager for response only)  Included regular review of Complaints Register by Executive Team  Removed reference to the General Manager dealing with complaints – same responsibility as for Managers (Clause 12.2)



Youth Policy, Family and Children’s Services Policy and the Graffiti Management Upon review of these three policies, it has been determined that they will be repealed, and replaced by a consolidated Strategy that will encompass key aspects of each of these policies respectively.

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

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

RISK IMPLICATIONS 

Legal Compliance Without policies in place, Council undertakes the risk of inconsistent and ineffective management, and a lack of oversight of legislation and matters that affect its operations and the community. Likewise, out of date or defunct policies pose a risk to Council’s performance and operations, particularly if not aligned with current legislative and best practice requirements and obligations.

CONCLUSION Council is in the process of streamlining its policies and ensuring that all Council policies have the same date of review. All reviews will then be conducted every two years, at which time they will be readopted. The Council policies referred to in this report have all been reviewed and are presented for adoption.

ITEM 4.2

PAGE 9 Report to Governance and Finance Committee meeting on 20 July 2015

ATTACHMENTS 1.

Financial Assistance Policy

Community Engagement Policy

Tree Policy

Street Trading Policy

Sponsorship Policy

Investment Policy

Complaint Handling Policy

Dealing with Difficult Customers Policy

RECOMMENDATION That it be recommended to Council that it adopt the following reviewed policies with immediate effect: 1.

Financial Assistance Policy

Community Engagement Policy

Tree Policy

Street Trading Policy

Sponsorship Policy

Investment Policy

Complaint Handling Policy

Dealing with Difficult Customers Policy

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 4.2

Paul West General Manager

PAGE 10 Financial Asssistance Poliicy

ATTA ACHMENT [1]]

FINA ANCIAL ASSISTAN A CE POLIC CY POLICY TY YPE

PO OLICY ADOPTED D (DATE)

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TRIM):

Council

18 March 20 013

TBA

D37 78901

DOCUME ENT CONTROLLLER

RE ESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

Executive Ma anager Corporate Se ervices

Executive Man nager Corporate Serrvices

4 4.7.3 – Attract and promote equitable d istribution and d sharing of fina ancial and other resou urces througho out the community c

June e 2017

PURPOSE

SCOPE

To provide Council C w with framew work to de eal with a any appro oach by a person, group or bodyy for financial assista ance. It aiims to pro ovide clear guidance to Alderman n, staff and d those making an ap pproach fo or financial asssistance and a suppo orts the consistent c managem ment of th he variouss Gra ants, Dona ations and Remissionss provided by Counc cil. Thiss policy applies to o Counciil as a whole w in the prov vision and d rep presentatio on to any person, group g or body b appro oaching Council C for fina ancial assisstance. Fin nancial asssistance is taken t to m mean the provision p off any financial benefit; in ncluding but not limitted to: 

      

 1.    



A grants of funds; o Community S mall Grantts; o

onomic De evelopmen nt and Events Sponso orship; Eco

Spo orts Travel A Assistance Grants; an nd

o Spo orting Sma ll Grants Rate rem missions; Donation ns Subsidise ed costs; Any redu uction or w waving of Council’s C adopted a fe ees or charrges; Any write e-down or write-off of o an applie ed rate, fe ee or charg ge; Provision of plant o or equipme ent; In the ab bsence of a defined d fee or ch harge, the provision of servicess or use of facilitie es at a cost c below w what w would otherwise be e commerrcially prov vided; or Any in kin nd contrib ution such as works or o infrastruc cture. The follo owing are outside the e scope off this policyy: Procurem ment of go oods and services s fro om incorpo orated org ganisations, other businesses orr individualls; Concessions for Co ouncil ratess and charrges (e.g. p pension rates); Negotiatted sponso orship arran ngements and/or de eals; Fees and d Charges adopted by Counc cil identifyin ng any one e group ass a discount benefic ciary; and y contribu tions. Statutory

ITEM 4.2

PAGE 11 Financial Assistance Policy

POLICY

ATTACHMENT [1]

Definitions: Acquittal: The process by which a recipient demonstrates in writing to the Council that it has expended the funds in accordance with the terms and conditions of the funding agreement on completion of the activity or project. Auspicing: Auspicing means that an organisation takes responsibility for ensuring the funds are used as specified in the grant allocation. An auspicing organisation will be responsible for: (a) (b) (c) (d)

The receipt, banking and administration of all moneys; Project monitoring and completion; Ensuring the applicant acquits the funding within allocated timeframe; and Sign off on the acquittal form.

Business: A person, partnership or organisation which is not a Community organisation, and is engaged in a profit-seeking enterprise or activity. Community Organisation: An entity that carries on activities for a public purpose; or an entity whose primary objective is not directed at making a profit. Donation: A donation is a cash and/or non-cash contribution to an organisation that may be associated with a particular activity/event/program, purpose or project but does not carry with it any specific requirements for use. In addition, the contribution does not seek benefits in exchange. Grant: A grant is a sum of money given to organisations or individuals for a specified purpose. In-Kind Contribution: In-kind contribution includes the provision of paid and volunteer labour, administrative support, hire-free facilities or donations of materials, equipment or services. 2.

Objective: To provide guidance, clarity and transparency in the application, assessment and provision of financial assistance to any person, group or body who approaches Council for financial assistance. This includes any grants, donations and rate remissions programs Council offers annually.

Policy Statement: In adopting the annual budget, Council may approve an allocation of funds and/or in kind contribution to support a range of Grants, Donations and Rate Remissions Schemes for eligible community organisations and individuals. Relevant guidelines will be established for each Grant, Donations or Rate Remissions defining eligibility, assessment and acquittal criteria under which Council funding will be considered. Council may contribute to business or other partnerships where projects, events or activities will contribute significantly to individual, community, cultural, social, economic, recreational and ITEM 4.2

PAGE 12 Financial Assistance Policy

ATTACHMENT [1]

environmental development. Organisations and individuals are expected to apply responsible management of any financial assistance received from Council, which may include acquittal of funds received. Where funding is provided to an individual, the recipient should reside permanently within the Devonport municipal area. Council will only consider applications from organisations or individuals outside the Devonport municipal area where it can be demonstrated that the project, activity or initiative will benefit the community of Devonport. 4.

Requirements: The activity/program/event must contribute to and align with the goals and strategies outlined in the Annual Plan for the year in which the financial assistance is proposed to be given. The activity/program/event is accessible to all persons within the municipality or to a significant group of persons within the area. (Charging a fee to participate does not preclude the event being accessible to all persons). Requests are to be submitted in the manner and timeframe prescribed by Council.

Assessment Process A proposal to provide or request financial assistance will not be actioned, reported to Council or decided upon unless: 



Clear and detailed information on all assistance that is proposed or requested are provided in the manner prescribed by Council; Current financial statements, (and where one should reasonably be available, an audit opinion on these statements), are provided to assist Council in assessing the needs of the proposed/requesting beneficiary; The details of any recipients that stand to benefit from the activity/program/event including donations to be made to groups from the proceeds of activity/program/event, are identified in the application.

The total amount of assistance provided to any organisation/ group/person/ project/event in each financial year is not to exceed, the budgeted financial assistance amount unless otherwise determined by Council. The request can be a mix of cash donation and in-kind support. Staff delegations are in place to simplify the process of approving applications that comply with the principles outlined in the policy. All applications that exceed delegation are to be presented to the relevant Council Committee for assessment, before being presented to Council for consideration. Once the budgeted amount allocated for Financial Assistance has been distributed no further allocations will be made available in that ITEM 4.2

PAGE 13 Financial Assistance Policy

ATTACHMENT [1]

financial year – even if the applicant meets all eligibility requirements, without the approval from Council. Requests may be considered if they form part of a program budget and can demonstrate how they meet the objectives of the funding. 6.

Conditions: The following conditions apply to assistance issued under this policy:  The use of any part of the financial assistance for purposes other than specified in the letter of approval and/or funding contract is not permitted without prior approval in writing by Council;  Where specified, successful applicants must ensure that Council is appropriately recognised as a partner;  Any approved assistance will lapse if not claimed within three months following the date of approval;  Assistance to community organisations does not include GST;  No retrospective funding will be granted.

LEGISLATION AND RELATED DOCUMENTS ATTACHMENT/S (IF APPLICABLE)

Notification Applicants determined as successful/unsuccessful in accordance with the guidelines will be advised accordingly in writing. Local Government Act 1993 Devonport City Council Rates and Charges Policy Community Small Grants Guidelines, Application Forms and Acquittal Forms; Economic Development and Events Sponsorship Guidelines, Application Forms and Acquittal Forms; Rate Remissions for Non-profit Organisations Guidelines, Application Forms and Acquittal Forms; Donations Guidelines and Application Forms; Sports Travel Assistance Grants, Guidelines, Application Forms and Acquittal Forms; and Sporting Small Grants Guidelines, Application Forms and Acquittal Forms

ITEM 4.2

PAGE 14 Community Engagemen nt Policy

ATTA ACHMENT [2]]

COMM MUNITY ENGAGE E MENT PO OLICY POLICY TYPE (COUNCIL OR MANAG GEMENT)

POLICY ADOPTED (DATE)

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TR RIM)

Counc cil

20 August 2012 2

TBA

D324363

DOCUM MENT CONTRO OLLER

R RESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

Executive Ma anager Community Se ervices

2.1 – Review policies and imp plement 5.2 inittiatives to ensu ure meaningfu ul, two-way co ommunication and consultattion with the e community

June e 2017

Cultural & Co ommunity Developm ment Manag ger

PURPOSE

SCOPE

To o outline a fram mework fo or commu unity eng gagement activitiess conducted by Coun ncil, otherr than notification a and consultation in n accordance with stattutory requ uirements. Th his policy applies a to a all of Coun ncil’s opera ations. It outlines the princip ples underp pinning Co ouncil’s en ngagemen nt activitiess w the com with mmunity a and the me ethods which Counciil may use.. Council’s approach C a to comm munity engagemen t is based on the e fo ollowing fiv ve levels off engagem ment:

POLICY

• Informing g; • Consultin ng; • Involving g; • Collaborrating; and d • Empowe ering. C Council rec cognises tthat comm munity en ngagemen nt and pa articipation n processes are a an imp portant parrt of demo ocracy. Efffective engagementt al governm ment. is good practice and critical to good loca 1.. The bene efits of eng gagement include, but are not llimited to:  Increased co ommunity awareness a of Counciil‘s servicess, planning g and d program m delivery;  Increased aw wareness across a Cou uncil of co ommunity views and d the e issues tha t should be e considerred as partt of decisio on making;  Increased aw wareness of o the need ds, prioritiess and dive ersity of the e local commu unity, whic ch in turn ensures th hat Counc cil’s service e pro ovision and d planning functions are a aligned d appropriiately;  Increased lev vel of com mmunity ow wnership a and acce eptance off dec cisions;  Council and commun nity workin ng togethe er to add dress local issues;  Pottential for ttime, resou urce and cost savingss for Counc cil;  A to ool to assisst in manag ging reputa ational riskk. The leve el of comm munity eng gagement undertake en relates directly to o the level of comm munity invollvement re equired, an nd should always be e appropriiate to the e nature, complexity c and impa act of the issue, plan n or strateg gy.

ITEM 4.2

PAGE 15 Community Engagement Policy

ATTACHMENT [2]

Council will endeavour to ensure that its engagement processes are appropriate, accessible, well planned and adequately resourced. In circumstances where the involvement requires members of the public to make submissions to Council, all submissions received will be regarded as public and made available for general access, including personal details (e.g. name, address, email address etc, unless there are overriding public interest considerations against the disclosure of the personal details – refer to Public Interest Disclosure Act 2002). 2. Principles The following principles will underpin Council’s approach to community engagement. a)

Open and inclusive    

Mutual trust, respect and accountability   

Recognise community participation as a right of all citizens and an integral component of informed decision making; Create, support and promote opportunities for the community to actively participate; Encourages involvement from a wide cross section of the community using engagement processes that are accessible and inclusive; Openness and a commitment to ensuring that the community is well informed of Council’s service delivery and decision making processes. Treats all participants in the engagement process with respect and dignity; Approaches engagement from an impartial perspective, free from bias toward any stakeholder involved in the process; Is accountable, accessible and ethical in all dealing with the community.

Engage early and be clear  



Seeks early engagement and regularly involves the community in decision making; Communicates clearly the objectives of the engagement process and provide community members with all available and relevant information as part of the engagement process to ensure informed discussions; Communicates the parameters of the engagement process with participants from the outset including legislative requirements, Council’s sphere of influence, conflicting community views, policy frameworks and context, budget restraints etc; Acknowledges that planning is a critical process to deliver successful outcomes and is committed to developing and implementing community engagement plans.

ITEM 4.2

PAGE 16 Community Engagement Policy

ATTACHMENT [2]

Consideration and feedback 

Committed to demonstrating that Council have considered all community contributions and relevant data, prior to making any decisions that affect the local community;



Committed to providing participants with feedback at key stages throughout the projects and upon completion and how community input influenced the decision.

Skills and resources 

Endeavours to ensure that sufficient timeframes and adequate resources are allocated to engagement processes;



LEGISLATION AND RELATED DOCUMENTS

ATTACHMENTS (IF APPLICABLE)

Co-ordinates its community engagement processes where possible to optimise resources ensure efficiency and avoid duplication. Local Government Act 1993 Public Interest Disclosures Act 2002 Communication and Media Policy 2011 Draft Social Media Policy Code of Conduct Risk Management Framework Customer Service Charter N/A

ITEM 4.2

PAGE 17 Tree Policy

ATTA ACHMENT [3]]

TRE EE POLICY

POLICY TY YPE

PO OLICY ADOPTED D (DATE)

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TRIM):

Council

19 October 2009 2

TBA

D37 77000

DOCUME ENT CONTROLLLER

RE ESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

Infrastructu ure & Works Man nager

Dep puty General Manager M – Infrastructure, Works W & Developme ent

2..3.4 – Provide accessible a and sustainable s parks, garden ns and open sp paces to appropriate standard ds

June e 2017

PURPOSE SCOPE

POLICY

The e purpose e of this policy iss to prov vide clearr direction for the e ma anagemen nt of trees tthroughout the City. Tre ees located on Cou uncil land (e.g. road d reservattions, park klands and d bushland). Consultati on with governmen g nt agencie es may be e required d concerning le eased crow wn land e.g. river resserves. Thiss policy sha all apply to o anyone working w on n trees und der the con ntrol of Co ouncil. 1. Recognisse the ben nefits of tree es 1.1. Esta ablish veg getation to o provide benefits for the community c y including sha de, tempe erature and UV conttrol, wind suppression n and d reductio n in noise and a air pollution. 1.2. Sup pport orga nisations in n planting and a mana agement of o trees. 1.3. Invo olve reside ents in ong going maintenance a and management off stre eet trees w here appropriate. 2.

Conserviing and en nhancing the t city’s streetscap s s and d es, open space bushland d 2.1. Req quire new trees to be planted as part off developm ments and d sub bdivisions to o be funde ed by the developer d as approp priate. 2.2. Req quire new trees to be b planted d as part of reconstruction or upg grade wor ks where appropriate a e. 2.3. Progress tree plantings in nature sttrips in iden ntified stree ets. 2.4. Utiliise the Tre ee Speciess Register for guida nce when n selecting g new w plantingss to ensure e the correct speciess are selectted. 2.5. Provide prote ection to new treess to suit th he environ nment it iss planted in. 2.6. Provide proc dget reso ources forr planting g cedures and bud rep placement trees and d or remov val of tree es where determined d d app propriate. 2.7. Assess locatio ons for tree es considerring the im mpact and risks to the e use ers, the env vironment and the surrounding s g infrastruc cture both h sho ort and long g term. 2.8. Ensure trees a are protectted during works. 2.9. Maintain existting trees and wildliffe corridors rs between n bushland d are eas for biod diversity an nd habitat 2.10. Observe the SSignificant Trees Register to elim minate desstruction off sign nificant tre ees. 2.11. Phy ysically m maintain existing e tre ees includ ding tree planting, ITEM 4.2

PAGE 18 Tree Policy

ATTACHMENT [3]

pruning, ongoing maintenance is to be carried out in accordance with: a) b) c) 3.

LEGISLATION AND RELATED DOCUMENTS ATTACHMENT/S (IF APPLICABLE)

Australian Standard AS4373-2007 Pruning of Amenity Trees; Council’s Tree Maintenance Manual; Hazardous Tree Assessment Form.

Other

3.1. Public requests will be assessed in accordance with the Tree Maintenance Manual. 3.2. Unauthorised removal – loss or damage of a tree can be pursued through Council’s Asset Loss Recovery Procedure and or via the Roads and Jetties Act 1935 Section 51. Local Government Act 1993 Roads and Jetties Act 1935 N/A

ITEM 4.2

PAGE 19 Street Tradin ng Policy

ATTA ACHMENT [4]]

SSTREET TR RADING POLICY P

POLICY TY YPE

PO OLICY ADOPTED D (DATE)

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TRIM):

Council

20 July 200 09

TBA

D37 77384

DOCUME ENT CONTROLLLER

RE ESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

Seniorr Environme ental Health Offficer

evelopment Manager De

4 4.4 Support ac ctivities that en ncourage safe and ressponsible community behaviour b

June e 2017

PURPOSE

SCOPE

POLICY

The e purpose of the Polic cy is to:  Provide and ma anage a safe environmen e nt throug ghout the e municipa ality for a all footpath h users. This is ac hieved through the e provision n and main ntenance of continu uous accesssible path hs of trave el for all pe eople on a ll footpaths; e the apprropriate usse of footp paths and public are eas for the e  Facilitate purposess of outdoo or dining areas a and other foottpath activ vities in the e Devonpo ort municip pal area; ge outdoo or dining in Devonport;  Encourag e improve ement in street vita ality, amen nity and economic c  Facilitate viability of o Devonp port’s business zones; op owners and resid dents to be enefit from m  Provide opportunitties for sho pedestria an circulattion; and gh standard d for public c safety.  Set a hig Thiss Policy applies to o the use e of footpaths wiithin Devo onport for commercial purposes b by any ind dividual, orrganisation n or busine ess unless a duly-approve ed variatio on is perm mitted by Council. C TThe Policy should be e rea ad in conju unction wiith Counciil’s Street Trading T By--Law and Guideliness forr Applicantts – Street TTrading. 1. Applicattion of Polic cy: This Polic cy applies tto all:  

Commercial premises; and a Foo od premise es within the marked areas of A Appendix 1

that are lawfully op perating and propose to use C Council’s fo ootpaths or public arreas to eith her:  

esta ablish an o outdoor din ning area; or carrry out foo otpath trad ding activitties within the areas marked in n Appendix 1.

de displayys or streett trading activity a mu ust make a positive e Any trad contributtion to the e character and am menity of the area marked in n Appendix 1. g for all footpath use and activitiess is based d on the e Planning establishment of Fo ootpath Zo ones. must not en ncroach on n public usse of the fo ootpath or Commerrcial use m impede access to public sea ating, othe er public in nfrastructurre or major pedestria an crossing g points. Sight S lines for road u users must be neither ITEM 4.2

PAGE 20 Street Trading Policy

ATTACHMENT [4]

compromised nor restricted and the requirements of the vision and mobility impaired must be taken into account. 1.1. Public Liability Insurance An applicant must have current public and products liability insurance for the sum of $10 million and this must be in a form satisfactory to Council for all activities associated with this policy and Councilâ&#x20AC;&#x2122;s By-Law. The Certificate of Currency is to provide a clear statement that acknowledges the insurer is aware of the extension to the business to include on-street trading. Failure to comply with this requirement will facilitate the immediate removal of Trade Goods, Alfresco Dining Furniture and A-Frame Signs. A licence will not be issued unless the Applicant indemnifies Council against any action, proceeding, judgement, claim, demand, cost, expense, loss or damage for which Council becomes or may become liable in relation to the death or injury to any person or the damage to any property caused by a display authorised by a licence. 1.2. Guidelines Applications for Street Trading must comply with the requirements of the â&#x20AC;&#x2DC;Guidelines for Applicantsâ&#x20AC;&#x2122; and be in the approved form. 1.3. Street Trading Licence Application Requirements Applicants are required to complete and submit to Council an application form to conduct activities covered by the By-Law, this Policy and Guidelines. Application forms are available from the Council Offices. Unless otherwise specified on the licence, an annual licence will expire on a common expiry date, except in those instances where it is withdrawn by Council prior to the expiry date. The Common Expiry date for all Street Trading Licences is June 30 of each year. A lesser fee of 50% of the prescribed fees may be charged where the expiry date is less than 6 months. If an application is refused, the licence fee will be refunded. Refunds will not be given where a licence or permit is cancelled as a form of enforcement action. Licences are not transferable. A new licence must be obtained if the proprietor of the business changes. A licence expires if the licensee ceases to maintain public liability insurance or to meet any of the conditions of the licence and this Policy. If a licence is revoked for any non-compliance issue, and the applicant wishes to re-apply, the full fee will apply. 2.

Operators Responsibilities: The management of a street trading licence is the responsibility of the licence holder. To ensure appropriate management, licence holders are to: ITEM 4.2

PAGE 21 Street Trading Policy

ATTACHMENT [4]



Operate in accordance with the conditions of the licence, endorsed plans and the requirements of the Street Trading ByLaw and Guidelines.



Monitor the trading zone – i.e. observe patrons at all times and respond to behaviour that may interfere with the use, enjoyment and personal comfort of others using the footpath area.



Maintain access for all users in and around the footpath at all times, repositioning furniture when moved outside of the trading zone by patrons.



Ensure the cleanliness of the footpath area and that equipment is kept clean and litter is removed and placed in bins kept inside the premises. Businesses must not sweep or deposit any litter (including cigarette butts), food scraps or any other rubbish left by patrons into the gutter. Businesses found using these practices may incur a fine.



Remove all approved furniture (other than approved semipermanent items) from the footpath area each evening when the premises are closed or licence conditions restrict permitted hours.



Display the current licence clearly on the shopfront window. Failure to display the current licence is a breach of licence conditions.

Council Responsibilities: 3.1. Maintenance of Footpath The Council will continue to manage the use of the land at all times and reserve the right to reclaim access to and remove all street trading at any time for any purpose deemed suitable by the Council. 3.2. Compensation and Loss of Trade Where service authorities and others are required to carry out works within the road reserve which require permanent and/or temporary removal and/or alteration to street trading arrangements, no compensation is payable for any removal of fittings, fixtures etc associated with the Street Trading Licence or for loss of trade due to these works. The responsibility to reinstate fittings, fixtures etc will remain the responsibility of the licence holder and not the person, authority, contractor etc executing the works. Any problems, inconvenience or loss of trade which may result from activities or works carried out by Council staff, contractors, sub-contractors or agents, at or adjacent to a licence holders’ trading area, will not be considered grounds for payment of compensation. 3.3. Access to Underground Services Services such as sewers and electricity should not be obstructed by semi-permanent structures including fixed screens, umbrellas ITEM 4.2

PAGE 22 Street Trading Policy

ATTACHMENT [4]

or planters. Removable tables and chairs are permitted over underground services. 3.4. Monitoring Compliance with Approved Licence The following procedure will be followed in dealing with breaches of the Street Trading By-Law, or non-compliance with the provisions of this Policy: 

LEGISLATION AND RELATED DOCUMENTS ATTACHMENT/S (IF APPLICABLE)

A verbal warning will be issued by an authorised Council Officer, indicating the nature of the breach. The date, time and nature of the warning and reasons given should be documented.  A written warning will be issued setting out the reasons for the warning being issued and the actions required to ensure compliance.  The licence will be revoked, or proceedings for the cancellation of the licence will be initiated, in accordance with the Street Trading By-Law. Reasonable opportunities will be provided between each step in the process to permit the person to either comply or otherwise explain the reason for non-compliance. Local Government Act 1993 Street Trading By-Law No.1 of 2009 Street Trading Guidelines for Applicants Street Trading Map

ITEM 4.2

PAGE 23 Street Trading Policy

ATTACHMENT [4]

ITEM 4.2

PAGE 24 Sponsorship p Policy

ATTA ACHMENT [5]]

SPONSO ORSHIP PO OLICY POLICY TTYPE

POLICY ADOPTED (DATE)

Counc cil DOCUM MENT CONTRO OLLER

Marketing, To ourism & Recreation M Manager

PURPOSE

MIN NUTE NUMBER

POLICY DO OCUMENT NUMBER R (TRIM)

14 April 20 014

TBA

D377 7435

R RESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NE EXT REVIEW

Executive Ma anager Community Se ervices

4.7.3 Attract and a promote equitable e d istribution and d sharing of fina ancial and other resou urces througho out the community c

June 2017

1.. The purp pose of the e Sponsorsh hip Policy is to establ ish principles for sponsorsship agree ment ente ered into between De evonport City C Council and otherr parties. The policy also a provid des guidelin nes for how Council will g o about se eeking sponsorship. 2. 2 Sponso orship is the e contribution of fina ancial and//or “in kind d” su upport tha at Council rreceives fo or the purp pose of pro oviding an event, p partnering in the prov vision of co ommunity infrastructu ure, a servic ce or p program, event or ac ctivity that may contrribute to th he econom mic, so ocial, sporting, enviro onmental or o cultural developm ment of the City.

SCOPE

POLICY

3. 3 Sponso orships are e undertake en or entered into, in n order to help h a achieve bu usiness or c community y objectives. This policy y applies where sp ponsorship arrangem ments are e to be n negotiated d. The Devonp port City C Council’s Sponsorship p Policy ou utlines the receiving o financia of al and/or in-kind sup pport from m a comm mercial orr external n, in exch o organisatio hange forr public re ecognition or association, to p provide infrrastructure for activity y for the co ommunity.. 1.. Princip ples: Devon nport Cityy Council acknowle edges tha at sponsorship can provid de significa ant benefits to Coun ncil and th he commu unity, and will consider c ssponsorship p opportu unities wh here the following princip ples apply : 1.1. Council C inv vites and seeks s spon nsorship fo or selected d Council projects, p ev vents, serviices or acttivities. 1.2. The T sponssorship is complem mentary to o Council’s vision, values, v poliicies and strategies. 1.3. Sponsorship S p arrangem ments abo ove the va alue of $10 0,000 are to be repo orted to Council C for determina ation. Sponsorship arrangeme a ents for $10 0,000 or lesss may be determine ed by the General G Ma anager un nder delegated auth ority. 1.4. There T shou ld not be any a real or perceive ed conflict between the objecti ves and mission m of th he sponsor and Coun ncil. 1.5. Sponsorship S p arrangement thatt impose o or imply conditions c that limit th he Counciil’s ability to t carry o ut its functions fully and a imparttially will no ot be agreed to. 1.6. Council C wil l not seek sponsorship from anyy party engaged in current c or p pending le egal procee edings invo olving the Council. ITEM 4.2

PAGE 25 Sponsorship Policy

ATTACHMENT [5]

1.7. A sponsorship agreement outlining the full terms and conditions of the agreement will be recorded in writing and signed by both parties. 1.8. All sponsorship arrangements will be described in the annual report in a manner commensurate with the significance of the sponsorship. 1.9. Sponsor benefits or sponsorship do not include implied endorsement by Council of the sponsor’s goods or services or use of Council’s logo to promote their products. 1.10. Council reserves the right to enter into exclusive arrangements where the integrity of the relationship needs to be protected. 1.11. On all sponsorships, appropriate due diligence on the proposed sponsor is to be undertaken. Devonport City Council reserves the right to withdraw sponsorship with an external party when they are considered to have not complied with the spirit of this policy and/or a written agreement entered into as a sponsor arrangement. Devonport City Council will not enter into sponsorship with external bodies who:

•

are involved in unlawful activities;

•

do not share Council’s views on promoting a diverse, tolerant and inclusive community;

•

are political parties;

•

are considered to be an unsuitable partner by Council for reasons it sees fit to apply in the context of this policy;

•

offer programs community;

•

offer programs that do not reflect widely held community views;

•

contravene State and Commonwealth legislation, local laws.

that

may present

hazard

the

Guidelines for Seeking Sponsorship: 2.1. The public interest may be best served by Council making a particular sponsorship opportunity widely known for example, by calling for expressions of interest or by letters of invitation to submit sponsorship proposals to a number of prospective sponsors. However, it is recognised that in some circumstances this ideal would be impractical and Council’s request for sponsorship could be by invitation to specific potential sponsors. 2.2. A sponsorship proposal should be developed which clearly outlines the nature of the project, why it is being proposed, the benefits to the proposed sponsor and to Council, and the type or value of sponsorship sought. 2.3. Aldermen

interested ITEM 4.2

assisting

with

sponsorship

PAGE 26 Sponsorship Policy

ATTACHMENT [5]

arrangements should work through the relevant Council Department and not seek to negotiate sponsorship independently on behalf of the Council. 2.4. It is inappropriate for any Alderman or Council staff member or their relatives or partners to receive personal benefit from sponsorship agreements. 3.

Sponsorship Agreement: Any sponsorship agreement must be recorded in writing and signed by both parties. This should include: • • • • • • • •

The term or purpose of the sponsorship and any conditions regarding renewal. Specific services, products or funds to be provided by Council and the reciprocal benefits. The form or forms of sponsorship acknowledgement which will be available (example Heads of Agreement letter, Partnership letter). Any limitations to the sponsorship such as restrictions on seeking additional sponsors. The responsibilities and expectations of each party for the project. Any guidelines for the use of corporate logos or limitations on advertising, media and other publicity. A statement to the effect that any attempted influence of Council’s regulatory functions will result in an automatic review and/or termination of the sponsorship agreement. Any special conditions which may apply.

Examples of Benefits to Potential Sponsors: Acknowledgement of sponsor status in publicity material associated with the project: • brand awareness and recognition in association with the event; • distribution of materials promoting sponsor’s products or services in conjunction with an event; • presence of the sponsor at an event and access to participants; • signage; • sponsors logo on flags and banners; • acknowledgement in speeches; • entry tickets to sponsored event; • social media promotion, web and Facebook.

Policy Non-Compliance: A sponsorship agreement may be refused and/or terminated if deemed by the General Manager as a real or perceived conflict, or where a breach of the terms of an agreement has occurred.

Definitions: For the purpose of this policy, the following definitions will apply: External Bodies include non-government organisations (NGOs), corporate and business organisations and the Devonport ITEM 4.2

PAGE 27 Sponsorship Policy

ATTACHMENT [5]

community. Company means any form of private entity operating for the purpose of profit creation. Organisation means any group, incorporated or unincorporated, operating for a defined purpose or function.

LEGISLATION AND RELATED DOCUMENTS ATTACHMENTS (IF APPLICABLE)

Sponsorship means the exchange of money, goods or services from one party to another where there are specific obligations on the receiver for a return to the sponsor in some form. Local Government Act 1993 Devonport City Council Strategic Plan Devonport City Council Code of Conduct N/A

ITEM 4.2

PAGE 28 Investment Policy

ATTA ACHMENT [6]]

INVESTM MENT PO OLICY

POLICY TY YPE

PO OLICY ADOPTED D (DATE)

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TRIM):

Council

17 August 20 009

TBA

D37 77884

DOCUME ENT CONTROLLLER

RE ESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

Executive Ma anager Corporate Se ervices

Executive Man nager Corporate Serrvices

5.5.1 – Provid de financial serrvices to su upport Council’s operations and meet a accounta ability reporting and requirements

June e 2017

PURPOSE

SCOPE

POLICY

The e purpose of this Pollicy is to authorise a and regulatte the inve estment off Co ouncil’s surplus funds so as to maximise m earnings fro om investm ments whilstt ensuring secu urity of fun d placeme ent. Thiss Policy applies to a all activitie es underta aken by C Council inv volving the e inv vestment of o funds su rplus to im mmediate operationa o al requirem ments. It iss not intended d to cov er interestts in asso ociated en ntities such as jointt ventures. 1.

Delegatio on of Autho ority Authority y for the impleme entation of o the In nvestment Policy iss delegate ed by Cou uncil to the e General Manager in accord dance with h the Loca al Governm ment Act 19 993. The Gen neral Ma nager ma ay in turrn delega ate the day-to-day d y management of Council’s investme ents. An Officer delegated d authority y to mana age Coun ncil’s invesstments sh hall be re equired to o acknowle edge thatt they hav ve receive ed a copyy of this Policy P and d understand their ob bligations in relation to t it.

vestments Direct Inv Council may depo osit funds with any Australian authorised deposit-taking insstitution ha aving a rating as presscribed in SSection 6. Quotatio ons on Inve estments At least three quo tations sha all be obta ained from m relevant institutionss er an inve estment is proposed.. The quo ote should d take into o wheneve account minimum m and maximum ba alances, in nterest rate e, term off investme ent, admin istrative an nd banking g costs as well as th he limits sett in the Policy when determinin ng the mosst favourab ble quote. s only in nvest money (on the e basis thatt all investm ments mustt Council shall be deno ominated in Australian Dollars) in the following g forms off investme ent: (a) (b)

(c)

any y public fu unds or sec curities issu ued by or guarantee ed by, the e Com mmonwea alth, any Sttate of the Commonw wealth or a Territory; Inte erest bearring depossits with, or o any de ebentures or bondss issued by, an authorised d deposit-ttaking instiitution (as defined in n the Banking A Act 1959 (C Cwth)), but excluding g subordin nated debtt obliigations; A deposit with h the Tasm manian Pub blic Finance e Corporation. ITEM 4.2

PAGE 29 Investment Policy

ATTACHMENT [6]

Prohibited Investments This Policy prohibits any investment carried out for speculative purposes, including but not limited to: (a) Derivative based instruments; (b) Principal only investments or securities that provide potentially nil or negative cash flow; (c) Stand-alone securities issued that have underlying futures, options, forward contracts and swaps of any kind; and (d) The use of leveraging (borrowing to invest) of any investment.

Prudent Person Standard The investments shall be managed with the care, diligence and skill that a prudent person would exercise. As trustees of public monies, officers are to manage Council's investment portfolios to safeguard the portfolio in accordance with the spirit of this Investment Policy, and not for speculative purposes.

Ethics and Conflict of Interest Officers shall refrain from personal activities that would conflict with the proper execution and management of Council's investment portfolio. This policy requires officers to disclose any conflict of interest to the General Manager. If engaged, independent advisors shall also be required to declare that they have no actual or perceived conflicts of interest.

Risk Management Guidelines Investments are to comply with the following criteria: (a) Preservation of Capital - all reasonable measures are to be taken to prevent losses in portfolio value (considering the time value of money); (b) Institutional Diversification: (i) (ii) (iii)

Not less than three (3) quotations shall be obtained from authorised institutions when an investment is proposed. All term deposit investments are to be made with authorised deposit taking institutions authorised under the Banking Act 1959 and with an investment grade credit rating. The maximum holding limit in each rating category and the target credit quality weighting for Council’s total portfolio shall be: Total Portfolio Limits Short Term Long Term credit Rating Credit (or Moody’s, Fitch, S&P or (S&P or equivalent) Equivalent) A1+ AAA-AA category A1-A2 A Category A2-A3 BBB Category

Maximum Holding 100% 80% 40%

PAGE 30 Investment Policy

ATTACHMENT [6]

Overall Portfolio Return to Maturity Portfolio % <1 Year Min 40% Max 100% Portfolio % > 1 Year Min 0% Max 60% Portfolio % > 3 Year Min 0% Max 30% Portfolio % > 5 Year Min 0% Max 20%

(d) Liquidity Risk a. Matching investments with cash flow requirements. b. Ensure access is available within seven (7) days to at least $1,000,000 or 10% of value of total investments, whichever is greater. If any of Councilâ&#x20AC;&#x2122;s investments are downgraded such that they no longer fall within the investment policy requirements, they will be divested as soon as practicable but in a manner that does not give rise to an unnecessary loss to Council. Investments for greater than 12 months are to be approved by Council and reviewed on a regular term and invested for no longer than 5 years. 7.

Performance Benchmarks The performance of the investment portfolio shall be against the industry standard 11am Cash Rate for cash investments and BBSW 90 Day Swap Rate for direct investments.

Reporting and Responsibilities of Council Officers (a)

The Responsible Accounting Officer shall reconcile the investment register on a monthly basis ensuring sufficient records are maintained, including: (i) the source and amount of money invested; (ii) particulars of the security or form of investment in which the money was invested; (iii) the term of the investment; and (iv) if appropriate, the rate of interest to be paid, and the amount of money earned, in respect of money invested.

(b)

A report shall be provided to the Governance & Finance Committee of Council, detailing the investment portfolio in terms of performance, investment institution and amount of each investment.

(c)

The report should also detail each actual percentage against the performance benchmark rates.

(d)

For audit purposes, certificates must be obtained from financial institution confirming the amounts of investment held on the Councilâ&#x20AC;&#x2122;s behalf at 30th June each year.

(e)

The documentary evidence must provide Council legal title to the investment.

Investment Advisor Should Council engage an investment advisor, the advisor must be approved by the General Manager and licensed by the Australian Securities and Investment Commission. The advisor must be an ITEM 4.2

PAGE 31 Investment Policy

ATTACHMENT [6]

independent person who has no actual or potential conflict of interest in relation to investment products being recommended and is free to choose the most appropriate product within the terms and conditions of the investment policy. The independent advisor is required to provide written confirmation that they do not have any actual or potential conflicts of interest in relation to the investments they are recommending or reviewing, including that they are not receiving any commissions or other benefits in relation to the investments being recommended or reviewed.

LEGISLATION AND RELATED DOCUMENTS ATTACHMENT/S (IF APPLICABLE)

10. Review of Policy This policy shall be reviewed every two years and any amendments, if necessary shall be approved by resolution of Council. Local Government Act 1993 The Trustee Amendment (Investment Powers) Act 1997 Local Government (General) Regulation 2015 Australian Accounting Standards N/A

ITEM 4.2

PAGE 32 Complaint H Handling Policy

ATTA ACHMENT [7]]

COM MPLAINT HANDLIN NG POLIC CY POLICY TY YPE

PO OLICY ADOPTED D (DATE)

MIN NUTE NUMBER

POLICY DOCU UMENT NUMBER (TRIM):

Council

18 March 20 013

TBA

D37 78079

DOCUME ENT CONTROLLLER

RE ESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NEXT REVIEW

Customer Se ervices Coordina ator

Executive Man nager Corporate & Bu C usiness Services

5 5.4.3 – Manage e customer req quests and complaints with w a view to continual c improvement of service delivery d

June e 2017

PURPOSE SCOPE

POLICY

To ensure sta andardised d method d of respon nding to, recording, reporting g and using co omplaints to o improve service to the comm munity. Thiss Policy re ecognises that effe ective com mplaint ha andling is central to o pro oviding quality servic ce. An organisattion is ofte en judged d by the way w in wh hich comp plaints are e handled. The e benefit to Council includes being ab ble to identify areass needing imp provement,, creating a second chance tto provide service to o the e satisfacttion of a dissatisfie ed custom mer and an oppo ortunity to o stre engthen public supp port for the Council. 1. Why do o people co omplain? Compla aints are o often made e because e someone e is dissatisffied with a decision n, the leve el of servic ce or the conduct o of a Coun ncil Officer. Many complaints c occur sim mply becau use of poo or commun nication or as a ressult of inad dequate publicity ab bout the se ervices pro ovided and d the policies of the e Council. Many com mplaints ca an be resolved in the e first insta ance by e explaining how a dec cision cam me about or o outlining g a partic cular polic cy. At time es it may be appro opriate to provide a compla ainant with h a copy of the relevant policy for their in nformation. Most co omplaints are speciific and actionable a and can be easily y resolved d. 2.

Compla aints Define ed: A ‘Com mplaint’ is d defined as an expresssion of disssatisfaction n, however made, about the e standard d of service e, action o or lack of action by y Council, which ca an be inve estigated and acted upon whe ere no rightt of appe eal or revie ew is availa able under any othe er legislatio on. In some e instance es legislatiion specifically make es provisio on for an appeal, a or an interrnal or exte ernal review w of a dec cision. Compla aints often fall into on ne of four basic b typess: 



De ecisions ma ade by Co ouncil; a. Complain nts alleging a decision was be eyond the powers off the Cou ncil or tha at it was made witthout follo owing due e process; or b. Complain nts allegin ng that witth knowled dge of alll available e informatio on no reassonable pe erson coul d have reached the e decision made regarding the e issue. of staff such as rudeness, The inappro opriate behaviour b disscriminatio on or harassment; ITEM 4.2

PAGE 33 Complaint Handling Policy

ATTACHMENT [7]

 

Allegations that the stated standard of service of Council has not been met or was of inferior quality; and Decisions of officers.

Most initial contacts with Council are not complaints and can be dealt with through the action request processes. In such instances, the issue will not be registered as a complaint: 

      

Requests for services (initial contact with the Council, unless the request is assessed by the relevant Manager that the issue is significantly important or sensitive to warrant immediate registration as a complaint and unless Council officers failed to complete actions to which they had indicated they would complete); Requests for information or explanations of policies or procedures; The lodging of an appeal in accordance with standard procedure or policy; An appeal or request for internal or external review of a decision for which a structured process applies; An expression concerning the general direction and performance of Council; Disagreement with a policy of the Council; Reports of damaged or faulty infrastructure; and Reports about neighbours, noise, dogs, nuisances, unauthorised building work or similar issues that fall into the regulatory aspect of Council’s responsibilities.

Lodging a Complaint: A formal complaint may be lodged:   

In person - at the counter or at a prearranged meeting with a relevant Manager; By phone; and In writing via email, letter or Council’s website.

To assist Council in dealing with a complaint a customer should include the following:       4.

Name and address (including contact details); Date, times and location of events; What happened/ a description of the event; To whom the customer has spoken to within Council; Copies or references to letter or documents relevant to the complaint; and State what the customer hopes to achieve as an outcome to the complaint.

Complaints Management: 4.1. Complaints Management Process In most instances the Manager of each Department of Council is to handle complaints relevant to their specific area of responsibility. While most problems can usually be resolved promptly, there are times when they may require detailed investigation. If a ITEM 4.2

PAGE 34 Complaint Handling Policy

ATTACHMENT [7]

complaint is of a serious nature, it will be referred directly to the General Manager. For complaints made about a decision of Council an explanation of the facts, policy and reasons for the decision is to be given to the complainant. If the decision is found to have been made without following due process or without all of the available information, it will be referred back to the appropriate manager for review. If an Alderman has submitted a complaint on a customer’s behalf a status report will also be provided to the Alderman. Complaints against staff will be handled with discretion and will be notified to the General Manager. Any disciplinary action will be determined as a result of a compliant will be undertaken in line with Council’s disciplinary procedures. 5.

Response Times: Every effort is to be made when dealing with complaints to:  Acknowledge the complaint within five (5) working days; and  Resolve the complaint and provide a response within ten (10) working days. If complex investigations are required the response will provide an indication of the timeframes associated with the investigation process and contact information for the complainant to obtain feedback on the status of the complaint.

Consideration of a Complaint: In considering a complaint the responsible manager will:     

Examine and analyse the information already available and follow up points requiring clarification; Review Council policies which might have a bearing on the complaint; Consider whether or not the Council is at fault; Consider any necessary action to be taken to correct any issues identified. Ensure that any remedy given to resolve a complaint is appropriate and reasonable; Consider a review of the Council's procedures to avoid recurrence of any similar complaint in the future if necessary.

Where considered appropriate the relevant manager may attempt mediation on a complaint with a view to resolution. 7.

Treatment of Complainants: Complaints are to be treated, respectfully, professionally and with confidentiality.

Vexatious Complaints: All complaints received by Council will be treated with seriousness. If a complaint is determined to be malicious, frivolous or generated purely to cause annoyance the matter will be referred to the General Manager for review and response. ITEM 4.2

PAGE 35 Complaint Handling Policy

ATTACHMENT [7]

Anonymous Complaints: Anonymous complaints will generally only be acted upon where the matter is considered to be serious and there is sufficient information in the complaint to enable an investigation to be undertaken.

10.

Protection of Customer: Personally identifiable information concerning the complainant will be available only as needed for the purposes of addressing the complaint.

11.

Registration and Reporting of Complaints: An integral part of the complaint policy is the requirement for all complaints received by Council to be registered into a central database for tracking and follow-up. Council will be provided with a report at least once a year of the number and nature of complaints received in accordance with section 339F(5) of the Local Government Act 1993. The Executive team will review the complaints register on a regular basis.

12.

Responsibility for Dealing with Complaints: 12.1. Council Officers  Receive complaints whether in writing, by facsimile, email, internet, or in person;  Record detailed information of the complaint;  Refer details of the complaint electronically for registration in councils records system;  Inform the appropriate manager of the receipt of a complaint and any initial action taken; and  Take remedial action as authorised by a manager. 12.2. Managers Mangers are responsible for the same actions as detailed above, with the addition of:  Review remedies carried out and recommended;  Ensuring responses are made within the required times;  Ensuring complaint and responses are appropriately recorded;  Report information or recommendations for changes of policy and procedures to the General Manager; and  If a complaint is directed towards more than one issue, then following registration co-ordinate a combined response so the complainant receives only one reply addressing all of the issues if appropriate.

13.

Customer Dissatisfaction with Complaint: 13.1. Internal Review The majority of complaints can usually be resolved by the relevant manager. However, a person who is not satisfied with the outcome may request a review of the complaint by the General Manager. A request for a review of the complaint by ITEM 4.2

PAGE 36 Complaint Handling Policy

ATTACHMENT [7]

the General Manager is to be in writing. 13.2. Further Investigation If a complaint remains unresolved or a customer is dissatisfied with the process in dealing with a complaint other avenues remain for the customer to consider. Customers can also contact external agencies which can review actions and decisions taken by the Council. These include: 

The Ombudsman who is an officer responsible to Parliament for investigating complaints made about administrative actions (or inactions) of Tasmanian Government Departments, most Statutory Authorities and Local Government. The Ombudsman is located at Ground Floor, 99 Bathurst Street, Hobart, 7000, phone free call 1800001170, email ombudsman@ombudsman.tas.gov.au



Local Government Division, Department of Premier and Cabinet, Level 5, 15 Murray Street, Hobart (GPO Box 123 HOBART 7001), phone (03) 6232 7022, email lgsem@dpac.tas.gov.au



Integrity Commission, Surrey House, Level 2, 199 Macquarie Street Hobart (GPO Box 822 Hobart 700), phone 1300 720 289, e mail integritycommission@integrity.tas.gov.au

While a customer is entitled to refer a complaint directly to these bodies at any time, customers are encouraged to allow the Council to investigate the complaint first. LEGISLATION AND RELATED DOCUMENTS

ATTACHMENT/S (IF APPLICABLE)

Personal Information Protection Act 2004 Right to information Act 2009 Local Government Act 1993 Council’s Customer Service Charter Council’s Dealing With Difficult Customers Policy N/A

ITEM 4.2

PAGE 37 Dealing with h Difficult Cusstomers Polic cy

ATTA ACHMENT [8]]

DEA ALING W WITH DIFFIICULT CU USTOMER RS POLIC CY POLICY TTYPE

POLICY ADOPTED (DATE)

MIN NUTE NUMBER

POLICY DO OCUMENT NUMBER R (TRIM)

Counc cil

20 June 20 011

TBA

D378 8100

DOCUM MENT CONTRO OLLER

R RESPONSIBLE MA ANAGER

STRATEGIC PLAN 2009-2030 (STRATE EGY REFERENCE E)

DATE OF NE EXT REVIEW

Customer SServices Coordinator

Executive Ma anager Corporate & Business B Servicess

5 5.4.3 – Manage e customer req quests and complaints with w a view to continual c improvement of service delivery d

June 2017

PURPOSE

SCOPE POLICY

Customer satisfaction C n is one off Council’s values ho owever, att times, a customer’s demands or expecttations ma ay exceed Council’s ability to deliver. As a result, this policy y explains how Cou uncil will deal d with customers who: w  Canno ot be satisffied;  Make unreasona able dema ands;  Consta antly raise the same issue with different d sttaff: and/o or  Are rud de, abusiv ve or aggre essive. A employe All ees with po otential cusstomer inte eraction. 1.. Custom mers who c cannot be satisfied: Customers who cannot be b satisfied d include members of the public c or groupss who do not n accep pt that Cou uncil is una able to assist them, pro ovide any further asssistance orr level of service s than has been provided d already and/or diisagree wiith the action n Council has taken in relation to the eir compla aint or conce ern. If in th he opinion n of the Ge eneral Manager a c customer cannot c be satisfied and d all appro opriate ave enues of in nternal rev view or appea al have be een exhau usted and the custom mer contin nues to write, telephon e, email and/or visit Counc cil the following action ns may be taken: 1.1. The T Gene eral Mana ager may write to o the cusstomer re estating C Council’s position p on n the mattter if nec cessary and a advisin ng that if the customer conti nues to contact Council C reg garding the e matter. Council m may: 1.1.1. not accept any furthe er phone calls from the custtomer; 1.1.2. not grant any further inte erviews; 1.1.3. requ uire all furrther com mmunicatio on to be put in writi ng; and 1.1.4. con tinue to o receive, rea ad and file corrresponden nce but only ac cknowledg ge or othe erwise resp pond to it iff:  the custtomer prrovides ssignificant new informatio on relating g to theiir compla aint or concern; or o ITEM 4.2

PAGE 38 Dealing with Difficult Customers Policy

ATTACHMENT [8]



the customer raises new issues which in the General Manager’s opinion, warrant fresh action. 1.2. The General Manager shall advise Aldermen of a person who is deemed to be ‘a customer who cannot be satisfied’, the customer’s concerns, and any proposed management strategy by Council Officers. 2.

Customers who make unreasonable demands: Customers who make unreasonable demands include members of the public whose demands on Council start to significantly and unreasonably divert Council’s resources away from other functions or create an inequitable allocation of resources to other customers. Such demands may result from the amount of information requested, the nature or scale of services sought or the number of approaches seeking information, assistance or service. If in the opinion of the General Manager a customer is making unreasonable demands on Council and the customer continues to write, email, telephone and /or visit the offices the following actions may be taken: 2.1. The General Manager may write to the customer advising them of Council’s concern and requesting that they limit and focus their requests and that if the customer continues to place unreasonable demands, Council may: 2.1.1. not respond to any future correspondence and only take action where, in the opinion of the General Manager the correspondence raises specific, substantial and serious issues; or 2.1.2. only respond to a certain number of requests in a given period. 2.2. If the customer continues to contact Council after being advised of Council’s proposed course of action, the General Manager may, after considering representations from the customer, advise the customer that either or both of points 2.1.1 – 2.1.2 above will now apply.

Customers who constantly raise the same issue with different staff: If in the opinion of the General Manager a customer is constantly raising the same issues with different staff or elected members the following actions may be taken: 3.1. The General Manager may notify the customer that: 3.1.1. only a nominated staff member will deal with them in the future; 3.1.2. they must make an appointment with that person if they wish to discuss a matter; or 3.1.3. all future contact with Council must be in writing. The customer may wish to make a formal complaint in ITEM 4.2

PAGE 39 Dealing with Difficult Customers Policy

ATTACHMENT [8]

accordance with Council’s Complaint Handling Policy. 4.

Customers who are rude, abusive or aggressive: Rude, abusive or aggressive behaviour may include rude or otherwise vulgar noises, expressions or gestures, verbal abuse of a personal or general nature, threatening or offensive behaviour, physical violence against property or physical violence against a person. If in the opinion of any staff member rude, abusive or aggressive comments or statements are made in telephone conversations or in person, the staff member may: 4.1. warn the caller that if the behaviour continues the conversation or interview/meeting will be terminated; 4.2. terminate the conversation or interview/meeting if the rude, abusive or aggressive behaviour continues after a warning has been given. Where a conversation or interview/meeting is terminated, the staff member must notify the relevant Manager of the details as soon as possible. If in the opinion of the General Manager any correspondence to Council contains personal abuse, inflammatory statements or materials clearly intended to intimidate, it will be returned to the sender and not otherwise acted upon. Violence, damage to property or threatening behaviour may be reported to police, depending on the severity of the actions.

Documentation and reporting: In all of the situations referred to in this policy, adequate documentary records must be made and maintained on the appropriate Council file. If an elected member feels that a Council customer is being difficult in a manner specified in this policy, they must notify the General Manager who will consider taking action as per avenues described above.

LEGISLATION AND RELATED DOCUMENTS

ATTACHMENTS (IF APPLICABLE)

Where the General Manager determines to limit a customer’s access to Council in any of the ways specified in this policy, the General Manager will advise Aldermen as soon as possible of the relevant circumstances and the action taken and forward such advice, where appropriate, to the Department of Premier and Cabinet’s Local Government Division and the Tasmanian Ombudsman for information. Local Government Act 1993 Personal Information Protection Act 2004 Right to Information Act 2009 Devonport City Council Customer Service Charter Devonport City Council Code of Conduct Policy Devonport City Council Recording of Advice and Information Policy N/A ITEM 4.2

PAGE 40 Report to Governance and Finance Committee meeting on 20 July 2015

4.3

LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015 AND LOCAL GOVERNMENT (GENERAL) REGULATIONS 2015 File: 30415 D375740

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

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

SUMMARY This report is provided to inform Council of the introduction of new Regulations under the Local Government Act 1993.

BACKGROUND Council will recall that over the last 12 months or so there has been consultation with local government on the review of the Local Government (Meeting Procedures) Regulations 2005 and the Local Government (General) Regulations 2005. Advice was received from the Local Government Division that the new Regulations became operative from 29 June 2015. Both sets of Regulations can be viewed at: Meeting Reg’s http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=%2B38%2B2015%2BAT%4 0EN%2B20150703080000;histon=;prompt=;rec=;term= General Reg’s http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=%2B37%2B2015%2BAT%4 0EN%2B20150703080000;histon=;prompt=;rec=;term=

STATUTORY REQUIREMENTS Both the Regulations referred to in this report are integral and subservient to the Local Government Act 1993. The Regulations from 2005 had an expiry date of 29 June 2015 and could not be extended. This required the Government to adopt new Regulations with an operative date of 29 June 2015.

DISCUSSION Local Government (Meeting Procedures) Regulations 2015 A summary of the changes as a result of the new Regulations are outlined as follows: Notice of Meeting (Regulation 7) 

removes the requirement to publish a notice in a daily newspaper before each ordinary council meeting and council committee meeting.



requires councils to publish at least once a year in a daily newspaper (as well as on the councils website) the forward schedule of the times and places of ordinary meetings and committee meetings.



requires councils to publicly notify any change to its schedule of meetings.

ITEM 4.3

PAGE 41 Report to Governance and Finance Committee meeting on 20 July 2015

Comment As a result a bulk advertisement of all Ordinary Meetings and Section 23 Committee Meetings up until December 2015 was advertised in the Advocate Newspaper on 15 July 2015. This advertisement indicated that the usual meeting cycle will occur between now and the end of November and that the December meetings would be adjusted similar to that which occurred in 2014. The meeting timetable is therefore as follows: Council Meetings

Section 23 Committee Meetings

27 July 2015

Governance & Finance

20 July 2015

24 August 2015

Infrastructure, Works & Development

10 August 2015

28 September 2015

Community Services

17 August 2015

26 October 2015

Governance & Finance

21 September 2015

23 November 2015

Infrastructure, Works & Development

12 October 2015

14 December 2015

Community Services

19 October 2015

Governance & Finance

16 November 2015

Infrastructure, Works & Development

30 November 2015

Community Services

7 December 2015

In January 2016 a notice will be advertised for the period January to December. Any meetings which are rescheduled or cancelled will need to be advertised in accordance with the Regulation. Council still has a requirement to publish a notice in a newspaper of any Special Meeting including detailing the subject matter (providing it is not a confidential item). In relation to Council’s Section 23 Planning Authority Committee as these meetings are only convened on an as required basis Council will need to continue to publically advertise them when necessary. Adjournments (Regulation 13) The new Regulations clarify the chairperson’s power to adjourn a meeting in so far as this power may only be exercised ‘for a proper purpose’, if it is reasonable to do so in the circumstances’ and ‘in good faith’. Closed Meetings (Regulation 15) 

Better defines the grounds under which a council can close a meeting.



Requires a record of reasons to be provided by councils for closing a meeting.



Clarifies that a council is to consider in a closed meeting what information it will publicly disclose, taking into consideration privacy and confidentiality considerations.



Clarifies in the definition of a closed meeting that the decision to close a meeting must be made in the open part of the meeting.



Provides increased clarity and consistency in regard to the application by councils of the closed meeting provisions specifically in regard to the types of matters that are considered.



Specifically requires that a council while in closed session is to consider (taking into account privacy and confidentiality issues) whether discussions, decisions, reports or documents relating to the closed meeting are to be kept confidential or released to the public. ITEM 4.3

PAGE 42 Report to Governance and Finance Committee meeting on 20 July 2015

Comment In most cases Council already complies with the above requirements. A revised process for Council to consider the release of information relating to discussions, decisions, reports or documents relating to closed meeting will be implemented. Motions (Division 2) 



Regulation 18 clarifies that a council decision may be overturned wholly or partly by: -

a motion directly rescinding or otherwise overturning the decision or part of the decision; or

a motion that conflicts with, or is contrary to, the decision or part of the decision.

Any report provided to Council in respect of a proposed motion to overturn a decision of the council, or that will result in the overturning of a decision is to include: -

a statement that the proposed motion, if resolved in the affirmative, would overturn that previous decision;

the details of the previous decision;

advice as to whether or not that previous decision directed that certain action be taken and, if so, advice as to whether or not that action has been wholly or substantially carried out.

Comment Council already complies with this requirement in relation to overturning decisions. Minutes (Division 5) 

A new requirement to record public questions without notice in the minutes of a meeting (Regulation 32)



Minutes of Closed Meetings – clarifies that the Open Minutes are to record the following relating: -

the grounds for closing the meeting;

the fact the matter was discussed at the closed meeting; and

a brief description of the matter so discussed.

Comment Council already complies with this requirement – obviously there were some councils in the past who did not record public questions without notice in their minutes. General Provisions (Part 3) 

The new Regulations: -

exclude virtual attendance at council meetings by expressly providing for physical attendance by councillors at council meetings (Regulation 37).

clarify that a reasonable step by the chairperson to remove a person from a meeting may include requesting the assistance of a police officer (Regulation 40).

Comment The general provision relating to the express requirement for physical attendance at meetings clarifies the previous confusion around the issue. ITEM 4.3

PAGE 43 Report to Governance and Finance Committee meeting on 20 July 2015

Local Government (General) Regulations 2015 A summary of the changes as a result of the new General Regulations are outlined as follows: Tenders and Contracts (Part 3) 

The new Regulations increase the threshold for which councils are required to undertake public tender processes from $100,000 to $250,000. This now aligns local government requirements with the State Government public tender processes.



Clarity is provided relating to the exemption from tender process requirements for tenders undertaken on behalf of councils by local government associations also applying to entities established by local government associations.



Reporting requirements require details of tenders valued at over $250,000 and contracts awarded by a council over $100,000 to be included in the Annual Report. Reporting requirements where a council is exempt from tender processes is also clarified.

Comment Noted – the requirements will be adhered to. Council’s Code for Tenders complies with the updated Regulations. Expenses and allowances for elected members (Regulation 43 and Schedule 4) 

Regulations have been amended to enable councillors to be reimbursed for reasonable expenses in relation to internet usage, stationery and office supplies, the care of any person who is dependent on the councillor and who requires the care while the councillor is carrying out his or her duties or functions as a councillor.

Comment Noted – apart from changing the reference to the Local Government (General) Regulations 2005 to the Local Government (General) Regulations 2015 in the ‘Payment of Aldermen’s Allowances, Expenses and Provision of Facilities Policy’, the current adopted Policy conforms with the requirements of the Regulations. The updating of part (c) relating to the “care of any person” rather than the “care of any child” has previously been included in the Council’s Policy. The addition of part (d) stationary and office supplies to the Regulations has no effect on Council’s current Policy. Miscellaneous (Part 4) 

An increase in the threshold for instalment payment of rates from $100 or less to $300 or less (Regulation 34)



An increase in 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 4250 (Regulation 35)



An amendment to the Declaration of Office (Regulation 40) to include a new oath to comply with the code of conduct.

Comment Amendments noted. The Declaration of Office form has been updated in accordance with the new requirement.

ITEM 4.3

PAGE 44 Report to Governance and Finance Committee meeting on 20 July 2015

Council Land Information Certificates (s337) and Questions (Schedules 5 & 6) 

The new Regulations include minor amendments to the Schedule 5 certificate and amendments to the Section 337 (council land information certificate) questions and important notes prescribed in Schedule 6 to: -

increase understanding by potential purchasers of potential issues with implications for the relevant property;

clarify the extent of a council’s responsibilities for these issues; and

provide information to potential purchasers about the relevant body with the capacity to provide further information about the relevant property.

Comment Noted. Subsequent to the introduction of the new Regulations, Council was advised by the Local Government Division of two minor drafting errors relating to the Section 337 Certificates. The Division will rectify these errors in due course. Both errors relate to the references to other clauses at questions 34 and 35 of the certificate.

COMMUNITY ENGAGEMENT No direct community engagement has been undertaken in relation to the content of this report.

FINANCIAL IMPLICATIONS There are no direct financial implications in relation to the matters discussed within this report.

RISK IMPLICATIONS Council is to comply with the legislative requirements of both the Local Government (Meeting Procedures) Regulations 2015 and the Local Government (General) Regulations 2015. Not to do so would be a breach of Council’s statutory obligations.

CONCLUSION The Regulations have been updated in accordance with the requirements of the State Government. The necessary changes resulting from the new Regulations have been implemented effective from 29 June 2015, the operative date of the Regulations.

ATTACHMENTS Nil

RECOMMENDATION That it be recommended to Council that the report of the General Manager outlining the changes to the Local Government Meeting Procedures and the Local Government General Regulations be received and noted.

Author: Position:

Paul West General Manager

ITEM 4.3

PAGE 45 Report to Governance and Finance Committee meeting on 20 July 2015

4.4

LOCAL GOVERNMENT ASSOCIATION OF TASMANIA - ANNUAL GENERAL MEETING AND GENERAL MEETING - 22 JULY 2015 File: 30415 D377499

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.1.3

Represent and promote Council at Regional, State and National forums

SUMMARY This report has been prepared to inform Council of items listed for consideration on the upcoming Local Government Association of Tasmania (LGAT) Annual General Meeting and General Meeting to be held on Wednesday 22 July 2015

BACKGROUND The Annual General Meeting, followed by a General Meeting, is to be held at the Wrest Point Casino, Hobart on 23 July, 2014. The agendas can be downloaded at: http://www.lgat.tas.gov.au/webdata/resources/files/22%20July%202015%20AGM%20Agen da.pdf (AGM) http://www.lgat.tas.gov.au/webdata/resources/files/22%20July%202015%20General%20M eeting%20Agenda.pdf (General Meeting Agenda) http://www.lgat.tas.gov.au/webdata/resources/files/General%20Meeting%2022%20July%2 02015%20Additional%20Agenda%20Item%20-%20Code%20of%20Conduct.pdf (General Meeting Additional Item) Attachments are available at: http://www.lgat.tas.gov.au/webdata/resources/files/22%20July%202015%20AGM%20All%2 0Attachments.pdf (AGM) http://www.lgat.tas.gov.au/webdata/resources/files/22%20July%202015%20General%20M eeting%20All%20Attachments.pdf (General Meeting Attachments)

STATUTORY REQUIREMENTS Council as a member of the LGAT is entitled to vote in accordance with the Rules of the Association at any meeting. A number of the items to be debated relate to either State or Federal Government legislation or responsibility.

DISCUSSION The purpose of this report is to allow Council, where it considers necessary, to provide some direction to the Mayor in relation to how he might vote as Devonport City Council’s delegate at the LGAT Annual General Meeting and General Meeting. In most cases the supporting information to the motions is self-explanatory and does not require further comment. Where it has been determined that Devonport specific comment might be of assistance to Council when the matter is considered these have been included in a text box directly below the proposed motion and are titled “DCC - GM Comment”.

ITEM 4.4

PAGE 46 Report to Governance and Finance Committee meeting on 20 July 2015

ANNUAL GENERAL MEETING AGENDA: The agenda items listed for the meeting are: 1.

Presidentâ&#x20AC;&#x2122;s Report

Minutes of 102nd Annual General Meeting

Financial Statements to 30 June 2014

President and Vice Presidents honorariums

Subscriptions 1 July 2015 to 30 June 2016 GM Note: Devonportâ&#x20AC;&#x2122;s subscription for 2015/16 will be $55,878 (ex GST). This amount includes a base subscription of $47,733, Careers Project Contribution of $5,688, Community Satisfaction Survey $637 and Planning Secondment amount of $1,820.

Budget for the Twelve Months 1 July 2015 to 30 June 2016

Motions 7.1

Term of Office President (Derwent Valley Council) That the Local Government Association of Tasmania Rule 27 Regarding Term of Office of President, be amended that in the event that the President vacates office, the Vice President is to hold the position of President until the next election. GM Note: The President is elected by the membership by election conducted by the Electoral Commission. The Vice President is appointed to that role by General Management Committee membership.

7.2

Voting Entitlements (Derwent Valley Council) That the Local Government Association of Tasmania Rules Regarding Conduct of General Meeting be amended by deleting from rule 16 voting by population categories and replacing it with one (1) vote per Council. GM Note: This matter has been raised many times at LGAT meetings and has to date not gathered sufficient support. The argument is put forward by Derwent Valley Council that the current voting system is not democratic and therefore it should revert to one vote per council. At the present time the voting is based on not only the level of subscriptions but also population. Currently Devonport has three votes.

Reports from Board Representatives

GENERAL MEETING AGENDA: The agenda items (apart from normal procedural matters) listed for the meeting are classified under the heading of: 6.

Items for Noting 6.1

Policy and Legislation Update

6.2

Financial Assistance Grants (FAGs) Strategic Campaign

6.3

Elected Member Census

6.4

Planning Reform

6.5

Tasmanian Local Government Workforce Report

6.6

Electricity

ITEM 4.4

PAGE 47 Report to Governance and Finance Committee meeting on 20 July 2015

6.6 7.

Community Satisfaction Survey

Items for Decision 7.1 Local Government Reform That the Minister discuss the difficulties being faced in identifying and finalising models and provide direction to LGAT on the areas of support required moving forward. 7.2 A.

Local Government (Code of Conduct) Amendment Bill (late item circulated) That the meeting agree that Mayors will write to MLCs in support of the Local Government (Code of Conduct) Bill, noting the significant consultation that has occurred with councils since 2010.

That the Meeting vote on the following recommendations (the recommendations relate to the numbered items in the background section): 1.

That the single Code of Conduct Panel be able to investigate, hear and determine code of conduct complaints.

Provide for some flexibility for councils to expand upon core elements in the Regulated (Model) Code of Conduct.

Only allow for complaints regarding happened in the preceding 90 days.

That there continue to be a requirement to pay a fee to lodge a complaint, noting that the fee is reimbursed if the complaint is upheld.

That there remain an ability to withdraw a complaint.

That given the need to contain costs and to deal with complaints expeditiously, legal representation not be allowed in Standard Panel Hearings.

That the legislation allow for a Code of Conduct complaint to be submitted locally to the General Manager to check that proper procedure has been adopted before forwarding to the Standards Panel.

That the one month suspension sanction be changed to allow for up to three months suspension in order to offer and effective deterrent for bad behaviour.

That the holding of an AGM is optional, to be determined by Council.

10.

That the Council be able, through majority vote, to direct the General Manager to provide complete information (not redacted or removed) that the General Manager has withheld on the basis of deeming it private and confidential information relation to a person.

incidents/matters

that

have

8-17 Motions for which Notice has been received 8.

Governance 8.1 Council Customer Service Charter (Dorset) To alter Section 339F(4) Local Government Act 1993 from requiring a council to review its customer service charter at least once every 2 years to within 12 months after a council election.

ITEM 4.4

PAGE 48 Report to Governance and Finance Committee meeting on 20 July 2015

8.2 Administration of General Managers Roll (Hobart City) That the Local Government Association of Tasmania urge the State Government to support the transfer of the administration of the General Managerâ&#x20AC;&#x2122;s Roll to the Tasmanian Electoral Commission. 8.3 Eligibility for Inclusion on General Managers Roll The Local Government Association of Tasmania urge the State Government to review the eligibility for inclusion on the General Managerâ&#x20AC;&#x2122;s Roll to better capture all citizens, inclusive of refuges and permanent residents living in a local government area. 8.4 Compulsory Local Government Elections (Hobart City) The Local Government Association of Tasmania urge the State Government to consider making Local Government elections compulsory and that voting take place at the ballot box. 8.5 Disclosure of Candidates Political Donations (Hobart City) The Local Government Association of Tasmania urge the State Government to support the expansion of the Local Government Act and Regulations to require candidates to disclose political donations. 8.6 Elected Member Training (Derwent Valley Council) That all Councillors as a requirement of being elected to Council are to within six months of being elected undertake training courses in the following areas: 1.

Meeting Procedures

Planning

8.7 Election of Mayor & Deputy Mayor (Derwent Valley Council) That the Local Government Association of Tasmania request a change to the Local Government Act 1993 for the conduct of Local Government Elections by allowing the Mayor and Deputy Mayor to be elected by Council. 8.8 Composition of Legislative Council (Derwent Valley Council) That the Local Government Association of Tasmania pursue on behalf of Local Government the option that the role of the Legislative Council (House of Review) be undertaken by the Mayors of the 29 Councils in Tasmania. 8.9 Constitutional Recognition (Northern Midlands Council) That the Local Government Association of Tasmania make representation to the Prime Minister requesting a referendum to facilitate the recognition of Local Government in the Australian Constitution. 9.

Public Policy 9.1 1.

Land Handbacks and Dual Naming (Circular Head Council) Member Councils of LGAT recommend that the State Government does not proceed with land handback within Tasmania, but proclaims STATE RESERVES, for significant, valued aboriginal heritage and cultural areas;

LGAT recommends that the State Government or the Nomenclature Board do not proceed with any dual naming of towns or lands without firstly being endorsed via a Motion from the appropriate Council.

9.2 Review of Southern Tasmanian Council Authority (Derwent Valley Council) That the Local Government Association of Tasmania request the Local Government Board to undertake a full review of the STCA Governance and Service Delivery report undertaken by the Expert Panel Chaired by Jude Munroe. ITEM 4.4

PAGE 49 Report to Governance and Finance Committee meeting on 20 July 2015

9.3 Determination of the Roles of the Levels of Government (Northern Midlands Council) That the Local Government Association of Tasmania make representation to the relevant Australian Government Ministers seeking support for the development of a consistent basis for determining whether a particular function is best carried out by Local, State or Federal Government. 10.

Administration 10.1 Recording of Voting at LGAT Meetings (Derwent Valley Council) That the Local Government Association of Tasmania ensure that the vote of each Council is recorded in the Minutes including the number of votes cast by each Council and details of any proxy votes exercised. 10.2 Recording of Voting at LGAT Meetings (Derwent Valley Council) That the Local Government Association of Tasmania consider changes to the Rules of the Association to allow for General Meetings by skype video conferencing to the three regional areas.

11.

Finance 11.1 Rates on Commercial Developments in Exempt Areas Huon Valley Council) That the Local Government Association of Tasmania request the State Government to review Section 87 of the Local Government Act 1993 to make commercial development in the exempt areas in sub-section (1) subject to the payment of general rates, special rates or averaged area rates and be specifically excluded from the exemption. 11.2 Payment of Rates on All State Owned Land (Break Oâ&#x20AC;&#x2122;Day Council) That LGAT asks the State Government to pay rates on all State owned land, including National Parks, Reserves, Conservation Areas, etc. 11.3 Review of Financial Relationship with State Government (Derwent Valley Council) That the Local Government Association of Tasmania request the State Government under its current review of the role of Local Government, undertake a review of the financial relationship between State and Local Government. 11.4 Trails & Bikeways Funding Program (Northern Midlands Council) That LGAT lobby the Minister for Infrastructure, Hon. Rene Hidding, advocating for the reinstatement of a State Government trails and bikeways funding program, the development of an inventory of what work is still required to fill in the many gaps in the network of trails and pathways, and the establishment of a permanent fund that will meet the growing demand now apparent in cycling tourism and in the use of bicycles for sport and leisure.

12.

Infrastructure and Services 12.1 Responsibility for Forestry and Parks & Wildlife Roads (Huon Valley Council) That the Local Government Association of Tasmania lobby the State Government to make a decision as to which of its Departments will be responsible for all Forestry Tasmania and Parks and Wildlife Service Roads throughout the State, determine a priority maintenance programme for these roads in conjunction with the relevant council, provide sufficient budget funds to undertake the maintenance programs and undertake the work immediately.

13.

Planning and Development No Motions ITEM 4.4

PAGE 50 Report to Governance and Finance Committee meeting on 20 July 2015

14.

Environment 14.1 Trawlers Targeting Small Pelagic Fisheries (Break O’Day Council) That LGAT lobby the major State and Federal political parties seeking a cessation in the use of super trawlers and industrial factory trawlers operating in Australian waters targeting small pelagic fisheries (SPF), pending an assessment of the impact of these activities on the biomass of the fisheries being targeted in Australia’s Exclusive Economic Zone (EEZ).

15.

Public Health & Nuisance No Motions

16.

Animal Control 16.1 Dog Control (Southern Midlands Council) That the Local Government Association of Tasmania, through either a separate working group or through referral to the Animal Management Officers Group, undertake a review of the provisions contained within the Dog Control Act 2000 relating to the declaration (and subsequent management) of dangerous dogs, with the aim of identifying a more practical, timely, and cost effective process for dealing with dangerous dogs.

17.

Community & Social Development 17.1 Funding For Arts Initiatives (Launceston City Council) That the Local Government Association of Tasmania make urgent approaches to both the Australian Government and the State Government respectfully seeking assurances that recent federal funding changes to arts initiatives will not adversely impact upon or disadvantage key local art groups from convening viable arts activities and events across the State.

COMMUNITY ENGAGEMENT Background information on all of the items listed can be found in the agenda papers. LGAT has a communication protocol which it uses to disseminate information and decisions as a result of General Meetings of the Association.

FINANCIAL IMPLICATIONS Council contributes to LGAT through payment of subscriptions. Any decisions reached at General Meetings may have an impact on Council’s finances. Council’s 2015-16 budget has sufficient provision for the subscriptions payable by Devonport to the LGAT.

RISK IMPLICATIONS There are no risks which have been identified in relation to the contents of this report. Any risk is dependent on the outcome of decisions which are reached at the General Meeting.

CONCLUSION The LGAT Annual General Meeting and General Meeting agenda items have been listed for the information of Aldermen and to allow comment and/or direction to be provided to the Council’s voting delegate in relation to any matter.

ATTACHMENTS Nil ITEM 4.4

PAGE 51 Report to Governance and Finance Committee meeting on 20 July 2015

RECOMMENDATION That it be recommended to Council that the agendas for the Local Government Association of Tasmania Annual General Meeting and General Meeting held on 22 July 2015 be received and noted.

Author: Position:

Paul West General Manager

ITEM 4.4

PAGE 52 Report to Governance and Finance Committee meeting on 20 July 2015

4.5

ELECTED MEMBERS' EXPENDITURE REPORT - MAY/JUNE 2015 File: 22947 D377548

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 To detail expenditure of both the Mayor and Aldermen.

BACKGROUND This report is in response to a Council resolution (Min 49/12 refers) “That Council be provided with a specific monthly report in relation to expenditure incurred, in excess of statutory allowances, for both the Mayor and Aldermen.”

STATUTORY REQUIREMENTS Under the Local Government Act, 1993 Council is required to publish details of the total allowances and expenses paid to the Mayor, Deputy Mayor and Aldermen in its Annual Report, however there is no obligation to do so on a monthly basis.

DISCUSSION Expenditure processed for the two month period May/June 2015 inclusive is detailed below: Mayor Steve Martin $ 256.46 Mobile telephone expenses $ 30.00 DCCI Business luncheon $ 704.55 Registration fee - LGAT Conference $ 483.44 LGAT General Meeting expenses $ 75.00 ALGWA Networking breakfast $ 347.25 Accommodation expenses – Hobart meetings $ 52.57 Taxi expenses – Edutech conference $ 221.36 Principal’s breakfast $ 43.09 Miscellaneous meal expenses Alderman Rockliff $ 704.55 Registration fee – LGAT Conference Alderman Goodwin $ 704.55 Registration fee – LGAT Conference $ 55.00 Good Governance Workshop Alderman Laycock $ 764.45 Accommodation – Edutech Conference, Brisbane Alderman Jarman $ 518.18 Accommodation – LGMA Congress, Darwin $ 704.55 Registration fee – LGAT Conference Aldermen $ 600.66

iPad expenses

The attached table sets out the cumulative expenditure for the 2014/15 financial year. ITEM 4.5

PAGE 53 Report to Governance and Finance Committee meeting on 20 July 2015

Due to the timing of Credit Card statements and invoices, expenditure will be reported as and when the account is paid. Items in this report may relate to transactions that occurred in previous months.

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

FINANCIAL IMPLICATIONS Mayoral and Aldermen expenses are costed to the general ledger account for Aldermen Support.

RISK IMPLICATIONS It is believed there are no risks associated with this report.

CONCLUSION Expenses are reported on a monthly basis in accordance with Councilâ&#x20AC;&#x2122;s direction.

ATTACHMENTS 1.

Cumulative Totals - Year to Date - June 2015

RECOMMENDATION That it be recommended to Council that the report advising of Aldermen expenses be received and noted.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 4.5

Paul West General Manager

PAGE 54 Cumulative Totals - Year to Date - June 2015

ATTACHMENT [1]

Aldermen Expenses Cumulative figures ‐ Year to date

Alderman

Period of office

Mayor Martin

1/7 ‐ 30/6

Ald Kent

1/7 ‐ 31/10

Ald Emmerton

1/11 ‐ 30/6

Mayoral Allowance

Deputy Mayoral Aldermen's Mileage Allowance Allowance R'ments

I'Pads

20,179

388

50,450 5,466

12,096

6,993

123

13,184

264

Conference/ Professional Accomm & Development Meal Attendance expenses

Meeting expenses

Phone

Other

Total

4,201

1,168

1,172

412

$ 94,326

4,260 378

$ 12,960

150

$ 13,598

Ald Cole

1/7 ‐ 31/10

6,993

123

Ald Goodwin

1/7 ‐ 30/6

20,179

388

Ald Hollister

1/7 ‐ 31/10

6,993

123

Ald Jarman

1/7 ‐ 30/6

20,179

388

Ald Keay

1/7 ‐ 30/6

20,179

388

$ 20,567

Ald Matthews

1/11 ‐ 30/6

13,184

264

$ 13,448

Ald Laycock

1/7 ‐ 30/6

20,179

388

Ald Perry

1/7 ‐ 30/6

20,179

Deputy Mayor Rockliff 1/7 ‐ 30/6

10,305

105

20,179

$ 7,116 759 3,362

289

$ 21,615

352

$ 7,468

518

$ 24,447

3,342

1,593

388

381

149

388

704

$ 25,527

$ 31,626

$ 21,202

Ald Squibb

1/7 ‐ 31/10

6,993

123

$ 7,116

Ald Wilson

1/7 ‐ 31/10

6,993

165

$ 7,158

Other Non Attributable TOTAL ‐ YEAR TO DATE Budget BALANCE UNSPENT % Spent Year to Date

$ ‐ $ 50,450

$ 15,771

$ 202,586

$ 12,201

$ 3,901

$ 12,899

$ 7,539

$ 1,243

$ 1,172

$ 412

$ 308,174

50,700

15,850

199,486

12,100

5,000

14,000

8,500

1,000

700

‐

307,336

$ 250

$ 79 ‐$ 3,100 ‐$ 101

$ 1,099

$ 1,101

$ 961 ‐$ 243 ‐$ 472 ‐$ 412 ‐$ 838

100%

102%

101%

78%

92%

89%

124%

167%

100%

Note: Council provides a motor vehicle for use by the Mayor ‐ the cost of this vehicle is shown in the Mileage column. After Council elections held October 2014, Ald Rockliff was elected Deputy Mayor, replacing Ald Kent.

ITEM 4.5

PAGE 55 Report to Governance and Finance Committee meeting on 20 July 2015

4.6

ANNUAL GENERAL MEETING File: 27391 D377612

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 5.2.3

Encourage community action and participation that results in increased well-being and engagement

SUMMARY Council is required to determine a date and venue for an Annual General Meeting (AGM) in accordance with the Local Government Act 1993.

BACKGROUND Last year’s AGM was held at the East Devonport Recreation Centre on 13 October, 2014. Council needs to hold its AGM prior to 15 December and as in previous years, a date in October is suggested for consideration.

STATUTORY REQUIREMENTS The Local Government Act 1993 states: 72B. Annual General Meeting (1)

A council must hold an Annual General Meeting on a date that – (a)

is not later than 15 December in each year; and

(b)

is not before 14 days after the date of the first publication of a notice under subsection (2).

(2)

A council must publish a notice on at least 2 separate occasions in a daily newspaper circulating in the municipal area or other prescribed newspaper specifying the date, time and place of the Annual General Meeting.

(3)

If a quorum of the council is not present – (a)

the Annual General Meeting is to be reconvened and held within 14 days; and

(b)

a notice is to be published in a daily newspaper circulating in the municipal area or other prescribed newspaper specifying the date, time and place of the Annual General Meeting.

(4)

Only electors in the municipal area are entitled to vote at an Annual General Meeting.

(5)

A motion at an Annual General Meeting is passed by a majority of votes taken by a show of hands or by any other means of ascertaining the vote the council determines.

(6)

A motion passed at an Annual General Meeting is to be considered at the next meeting of the council.

(7)

The general manager is to keep minutes of the Annual General Meeting.

DISCUSSION Last year, the AGM was held at the East Devonport Recreation Centre in accordance with the East Devonport Community Plan 2014-2019 which includes an action “At least one Council general meeting to be held annually in East Devonport”. ITEM 4.6

PAGE 56 Report to Governance and Finance Committee meeting on 20 July 2015

With Council’s recent decision to record and publish Council meetings, and the installation of equipment to enable this to be undertaken, it is logistically more difficult to hold the meeting elsewhere and transport the recording equipment accordingly. As a result it is proposed that the AGM be held on Wednesday, 28 October 2015 at 6:00pm in the Council Chambers. Council’s Annual Report will be provided to Aldermen in draft format prior to the AGM who will have ten days to provide feedback and comment to Council officers. There is currently consideration before the Parliament to make the holding of an AGM optional at the discretion of individual Councils. At present this amendment to the Local Government Act 1993 has not been implemented.

COMMUNITY ENGAGEMENT There has been no consultation undertaken as a result of this report.

FINANCIAL IMPLICATIONS There are no financial implications as a result of this report. Costs of holding the AGM are factored into the budget and are minimal.

RISK IMPLICATIONS Failure to hold an AGM will result in a breach of the Local Government Act 1993 as it currently stands.

CONCLUSION Given the recording and publishing of Council’s meetings on the website, it would be preferable to hold the AGM in the Council Chambers which has now had recording equipment installed. The proposed date for the AGM is Wednesday, 28 October 2015 at 6:00pm.

ATTACHMENTS Nil

RECOMMENDATION That it be recommended to Council that: (a)

the Annual General Meeting be held on Wednesday, 28 October 2015 at 6:00pm in the Council Chambers;

(b)

as a result of the recent decision to audio record all meetings and make those recordings available on the website that unless special circumstances exist all of Council’s meetings will be conducted in the established Council meeting room.

Author: Position:

Karen Hampton Governance Coordinator

Endorsed By: Position:

ITEM 4.6

Paul West General Manager

PAGE 57 Report to Governance and Finance Committee meeting on 20 July 2015

4.7

VALUATION OF PROPERTY, PLANT AND EQUIPMENT File: 31006 D377712

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 The purpose of this report is to provide a summary of the valuation methodology relating to Property, Plant and Equipment at 30 June 2015.

BACKGROUND As part of the Annual Report produced each year Council is required to prepare Annual Financial Statements which comply with applicable accounting standards. In December 2013 the Auditor-General tabled the Infrastructure Financial Accounting in Local Government Report in Parliament. This Report was based on an assessment of whether or not Tasmanian Councils’ asset valuation and depreciation practices complied with Australian Accounting Standards, in particular AASB 116 Property, Plant and Equipment. The report contained 23 recommendations and as part of the 2014 year end audit, the Audit Office determined that Council complied with 22 of the 23 recommendations. Council Officers have taken steps to ensure compliance with all recommendations during the 2015 financial year. One of the recommendations included in the Report, relates to informing the Audit Panel and/or Council of the valuation methodology to be applied to property, plant and equipment each financial year. A summary document was presented to the Audit Panel at its June meeting, however following further discussion with the Audit Office the valuation methodology relating to Council’s building assets has been amended and Council documentation updated accordingly.

STATUTORY REQUIREMENTS Section 72 (1)(c) of the Local Government Act 1993 requires Council to include Annual Financial Statements in the Annual Report prepared each year. Section 84 of the Act governs the content of the Financial Statements and stipulates that the Statements must be prepared in accordance with the Audit Act 2008. AASB 116 Property, Plant and Equipment (AASB 116) and AASB 13 Fair Value (AASB 13) govern the accounting, valuation and disclosure requirements for the relevant asset classes.

DISCUSSION Council has established a Property, Plant and Equipment Accounting Policy and a set of guidelines governing the capitalisation, depreciation, revaluation and disposal of relevant assets as part of the Financial Services Review. The Policy determines the valuation model to be applied to each asset class (either cost or fair value) and the revaluation guideline establishes the frequency of the revaluation. It is not a requirement to revalue each asset class every year and Council has determined a revaluation schedule so that each relevant asset class is revalued with sufficient regularity to comply with AASB 116 and AASB 13. An overview of the approach to revaluations at 30 June 2015 is as follows: ITEM 4.7

PAGE 58 Report to Governance and Finance Committee meeting on 20 July 2015

Asset classes to be revalued as per the revaluation schedule:    

Other infrastructure; Parks and Open Space; Land; and Buildings.

Asset classes to be reviewed and indexed where applicable:   

Roads; Stormwater; and Heritage and Cultural.

Asset classes to be reviewed only (not indexed or revalued as short life assets):  

Plant; and Furniture, Equipment and Fittings.

Other Infrastructure and Parks and Open Space assets are valued at depreciated replacement cost as determined by Council engineering or technical support staff. The values are determined by referencing current construction and/or replacement costs. Land is valued using the statutory values determined by the Valuer-General in the recent municipal wide revaluation process. The statutory value is based on market value. Buildings are valued at either the statutory value determined by the Valuer-General or at depreciated replacement cost. Where an identifiable active market for building assets exists, in the Devonport CBD for example, buildings are valued using the statutory values determined by the Valuer-General. This should equate to market value. Council also owns several specialised buildings where an active market does not exist, a public toilet building within a park or car park by way of example. It is more appropriate to value these assets at replacement cost for asset management purposes and to ensure compliance with applicable accounting standards. Roads and Stormwater assets were revalued in 2013 and 2014 respectively at depreciated replacement cost. The asset values were reviewed at 30 June 2015 to ensure there had not been a significant movement in replacement value that warranted a full revaluation of either asset class. It was determined that there had not been a sufficient movement in construction costs to justify a full revaluation and the values would be indexed using the applicable industry construction rates. The Heritage and Cultural asset class includes the art collection, the Julie Burgess and public art assets. The art collection was reviewed by an independent art valuer in 2012 and the recommended indexation rates are applied to the value of the collection each year. As part of the revaluation process, the useful lives of all asset classes are reviewed to ensure they continue to represent the expected consumption of future economic benefits or service provided by the assets.

COMMUNITY ENGAGEMENT No community engagement has been undertaken in relation to this report.

FINANCIAL IMPLICATIONS As a result of the revaluation, asset carrying amounts and accumulated depreciation are restated in the Statement of Financial Position and the net movement is shown in the Asset Revaluation Reserve. ITEM 4.7

PAGE 59 Report to Governance and Finance Committee meeting on 20 July 2015

Depreciation expense for the 2015/16 year will be based on the revalued asset amounts attributed to all asset classes to be revalued. The budget for 2015/16 made allowance for the movement in the depreciation expenses as a result of the revaluation.

RISK IMPLICATIONS The review of Council accounting policies and procedures ensures ongoing compliance with Australian Accounting Standards.

CONCLUSION The preparation of Annual Financial Statements and compliance with applicable accounting standards dictates that Council must consider the value of Property, Plant and Equipment assets each year. The information provided in this Report summarises Councilâ&#x20AC;&#x2122;s valuation methodology at 30 June 2015 and ensures ongoing compliance with the Auditor-Generalâ&#x20AC;&#x2122;s recommendations in the Infrastructure Financial Accounting in Local Government Report prepared in 2013.

ATTACHMENTS Nil

RECOMMENDATION That it be recommended to Council that the Valuation of Property, Plant and Equipment report be received and noted.

Author: Position:

Kym Peebles Executive Manager Performance

Organisational

Endorsed By: Position:

ITEM 4.7

Paul West General Manager

PAGE 60 Report to Governance and Finance Committee meeting on 20 July 2015

4.8

GOVERNANCE & FINANCE REPORT File: 29468 D376104

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 provides a summary of the activities undertaken in the following areas of Council:   

Corporate and Business Services; Governance; and Organisational Performance.

BACKGROUND This report is provided to the Governance and Finance Committee every two months and aims to update the Aldermen and the community on matters of interest. The functional areas of Council covered by this report include:  Governance

 Property Management

 Financial Reporting

 Legal Issues

 Strategic and Operational Plans  Corporate Communication

 Customer Service  Financial Strategy and Management

 Human Resources

- Revenue and Rating

 Partnerships

- Grants

 Risk Management and Insurances

- Loan Borrowings

 Information Technology  Budget Management

- Compliance - Related Policies

 Economic Development

- Financial Reporting

 Car Parking

STATUTORY REQUIREMENTS Council is required to comply with the provisions of the Local Government Act 1993 and other legislation.

DISCUSSION 1.

GOVERNANCE AND LEGAL

1.1

Legal A rates matter which had previously been dealt with in the Magistrates Court has been appealed by the defendant. The matter was listed for hearing in the Supreme Court of Tasmania, Burnie on 8 May 2015 at which time Justice Porter reserved his decision. The decision is still yet to be advised.

ITEM 4.8

PAGE 61 Report to Governance and Finance Committee meeting on 20 July 2015

1.2

Common Seal Register The following documents have been signed under Councilâ&#x20AC;&#x2122;s seal May, 2014 to date: REG/84

Plan of Survey - F/R 8360-2 - MG Doherty

23/04/2015

REG/85

Plan of Survey - F/R 143557-100 - Part of Lot 278 - 500 Acres GTD to Owner; Lucas Estate TAS Pty Ltd Plan of Survey - F/R120736/1 - Part of Lot 283 granted to Subdivider - PA2014.0143 Deed of Easement - F/R125960/5 - Part of Lot 281, 600 Acres GTD to Nicholas - Part of Lot 269 - 500 Acres GTD to Cocker Deed of Agreement - 42 Harris Road, Stony Rise

7/05/2015

REG/86 REG/87 REG/88

7/05/2015 7/05/2015 8/05/2015

LG(BMP) Act 1993 - S110 - Adhesion Order - 110498/3 49086/3 - M Ward Plan of Survey - Folio 49066/3; 146139/1; Part of Lot 3214 512a-Or-Op- GTD to AT Parker & Part of Lot 3211 - 562A-35-36P - GTD to S Sternberg Grant Deed - Don Road/Hillcrest Road Intersection Upgrade

1/05/2015

14/05/2015

REG/93

S90 Certificate - Acquisition - Schedule of Easements & Plan of Survey - 127 & 155 Kelcey Tier Road, Spreyton Contract for Sale - Oldaker Street Devonport

20/05/2015

REG/94

Plan of Survey - Donvista Developments Pty Ltd

25/05/2015

REG/95

Updated Instrument of Delegation - General Manager

26/05/2015

REG/96

Assignment of Lease - Drift

27/05/2015

REG/97

Lease Agreement - Fenton Villas

27/05/2015

REG/98

1/06/2015

REG/101

Instrument of Delegation - General Manager - updated LUPAA 1993 Instrument of Delegation - Deputy General Manager Updated LUPAA 1993 Instrument of Delegation - Development Manager - Updated LUPAA 1993 Deed of Variation - Stony Rise RAB

1/06/2015

REG/102