COUNCIL AGENDA MONDAY, 3 AUGUST 2015 GLENORCHY CITY COUNCIL * The General Manager certifies that the reports contained in this Agenda have been written by qualified persons under Section 65 of the Local Government Act 1993. 3.00 p.m. Hour: Present: In attendance: Leave of Absence: Workshops held since last Council Meeting Date: Monday, 20th July 2015 Purpose: To discuss: Presentation by Metro Introduction of two new Managers Consideration of LGAT Conference Motions TABLE OF CONTENTS: 1. APOLOGIES ................................................................................................ 4 2. CONFIRMATION OF MINUTES .................................................................... 4 3. ANNOUNCEMENTS BY THE CHAIR .............................................................. 4 4. PECUNIARY INTEREST NOTIFICATION ......................................................... 4 5. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................ 4 6. PUBLIC QUESTION TIME (15 MINUTES) ....................................................... 4 7. PETITIONS/DEPUTATIONS .......................................................................... 4 COMMUNITY .........................................................................5 8. COMMUNITY GARDEN - KENBRAE AVENUE AND PITCAIRN STREET....................................................................................................... 6 9. ANNOUNCEMENTS BY THE MAYOR ............................................................ 8 GOVERNANCE ...................................................................... 11 10. KING GEORGE V SPORTS AND COMMUNITY FACILITY - SECTION 178 ADVERTISING ..................................................................................... 12 11. ACTIONS LIST FOR JULY 2015 REPORTING PERIOD ..................................... 14 12. BUDGET ADJUSTMENTS AND ADOPTION OF 2014/15 CARRY FORWARDS IN 2015/16 BUDGET ............................................................... 16 13. CORPORATE PERFORMANCE INDICATORS - MAY 2015 .............................. 22 14. CORPORATE PERFORMANCE INDICATORS - JUNE 2015 .............................. 25 15. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE ..................................................................................................... 27 15.1 NOTICE OF MOTION - ALDERMAN D. PEARCE ............................................ 27 15.2 NOTICE OF MOTION - ALDERMAN J. BRANCH-ALLEN ................................. 30 15.3 NOTICE OF MOTION - ALDERMAN K. JOHNSTON ....................................... 32 15.4 NOTICE OF MOTION - ALDERMAN S. SLADE ............................................... 36 CLOSED TO MEMBERS OF THE PUBLIC .................................. 39 16. APPLICATIONS FOR LEAVE OF ABSENCE ..................................................... 40 GOVERNANCE .................................................................................... 41 17. CONFIRMED MINUTES OF AUDIT PANEL MEETING - 20TH MAY 2015 ......................................................................................................... 42 18. KING GEORGE V SPORTS AND COMMUNITY FACILITY - LEASE NEGOTIATION ........................................................................................... 42 19. UPDATE ON CT MANAGEMENT PROJECTS ................................................. 42 ECONOMIC ......................................................................................... 43 II 20. PUBLIC SPACE ENHANCEMENT GRANT - PROJECT SELECTION .................... 44 21. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE (CLOSED) ...................................................................................... 44 III Monday 3 August 2015 Council Meeting Agenda 1. APOLOGIES 2. CONFIRMATION OF MINUTES That the minutes of the Council Meeting held on 6 July 2015 be confirmed. 3. ANNOUNCEMENTS BY THE CHAIR 4. PECUNIARY INTEREST NOTIFICATION 5. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 6. PUBLIC QUESTION TIME (15 MINUTES) 7. PETITIONS/DEPUTATIONS 4 Monday 3 August 2015 Council Meeting Agenda COMMUNITY 5 Monday 3 August 2015 8. Council Meeting Agenda COMMUNITY GARDEN - KENBRAE AVENUE AND PITCAIRN STREET Author: Manager Legal and Property (Kim Hudson) Qualified Person: Director Corporate Goverance & General Counsel (Seva Iskandarli) ECM File Reference: PID 1639287 Community Plan Reference: 2.1.2 Develop strategies to maintain and improve the use of parks, public open spaces, sports grounds, public amenities and recreation facilities in line with the Council’s Sports and Recreation Strategy. Strategic or Annual Plan Reference: 1.2.2 Facilitate the delivery of services that build community capacities and capabilities. 3.1.3 Deliver services that create sustainable and liveable built environments. Reporting Brief: To advise Council of the status of the development of a community garden between Kenbrae Avenue and Pitcairn Street. Proposal in Detail: The Mayor and a Property Officer recently met with Mr Tim Marks (resident of the area) and discussed the creation of an accessible community garden. Following this meeting Mr Marks, some residents of the area, and the Glenorchy Precinct Group have formed an alliance to progress this concept. The grassed strip either side of the footpath is underdeveloped, however the footpath is used frequently. The proposed community garden would not impact onto the footpath area. The garden area will be fenced and managed by the Glenorchy Precinct Group, and the gardens would be installed to a design/construction approved by Council. Attached is an indicative layout of the community garden, final layout to be confirmed. The preliminary Open Space Strategy identified the need for a greater number of community gardens throughout the Glenorchy Municipality; this concept is in keeping with this preliminary draft of this policy. 6 Monday 3 August 2015 Council Meeting Agenda It is proposed the land is to be leased for a five year period, therefore under section 179 of the Local Government Act 1993 (Tas) there is no requirement for public advertising. Consultations: Director Corporate Governance & General Counsel Manager Legal and Property Community, Economic Development and Business Directorate Legal and Property Department Human Resource / Financial and Risk Management Implications: The installation and operational support for the community garden is to be the responsibility of the Glenorchy Precinct Group. The risk management implications will be reviewed by Council staff and lease clauses applied which will minimise liability exposure for Council. Clauses will also be included specifying standards for installation and the responsibilities for fixture removal if the garden use is discontinued. Lease fee will be set at $1.00 per annum (if demanded). Community Consultation and Public Relations Implications: Council staff will develop a community engagement strategy. It is expected that the community will support the proposal and that positive relationships will be developed with the local community through their involvement in the garden. Recommendation: That Council acknowledges that the Legal and Property Department will negotiate a lease under section 179 of the Local Government Act with the Glenorchy Precinct Group for the portion of land between Kenbrae Avenue and Pitcairn Street on either side of the footpath to develop a community garden for the benefit of our community. Attachments/Annexures 1 Indicative layout of community garden 7 Monday 3 August 2015 9. Council Meeting Agenda ANNOUNCEMENTS BY THE MAYOR Author: General Manager (Peter Brooks) Qualified Person: General Manager (Peter Brooks) ECM File Reference: Mayoral Announcements Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The strategic and annual plans are based upon the Community Plan which is outwardly focussed. Since this item discusses a management/governance issue there is no applicable reference to this matter. Reporting Brief: To receive the announcement of events by the Mayor. Proposal in Detail: The following is a list of events the Mayor has attended during the period 1 July 2015 to 28 July 2015. Wednesday 1 July 2015 Attended the Children's University launch at the MAC Attended a meeting with Mayor of Kingborough Attended a tour of Dominic College and presented the Mayor's Awards for Commitment to Learning Attended the Glenorchy Social Development Program celebration afternoon tea Attended the Berriedale & Chigwell Community Precinct meeting Presented Janice & Keith Wiggins with a certificate celebrating their 60th wedding anniversary Thursday 2 July 2015 Attended a tour of St Therese Primary School Attended the Think South (STCA) meeting Attended the Thai Kitchen to the World Reception at Guilford Young Attended the Claremont, Austins Ferry & Granton Precinct meeting Monday 6 July 2015 Chaired the Council meeting 8 Monday 3 August 2015 Council Meeting Agenda Tuesday 7 July 2015 Presided at a Citizenship Ceremony Attended the West Moonah Community Precinct meeting Friday 10 July 2015 Attended a meeting with a business representative Monday 13 July 2015 Attended the Nyrstar and Tasmanian Government announcement Tuesday 14 July 2015 Attended a meeting with representatives of the Glenorchy Community Garden project Wednesday 15 July 2015 Attended a meeting with a business representative Guest Speaker at the Moonah Probus Club Guest Speaker at the Royal Commonwealth Society luncheon Sunday 19 July 2015 Presented awards at the Glenorchy Fun Run Volunteered at the Tasmanian Transport Museum Monday 20 July 2015 Attended a meeting with business representative Chaired Council Workshop Tuesday 21 July 2015 Attended a meeting with a resident Chaired Windermere School Association meeting Wednesday 22 July 2015 Attended the LGAT AGM and General Meeting in Launceston Thursday 23 July 2015 Attended the LGAT conference in Launceston Friday 24 July 2015 Attended the LGAT conference in Launceston Monday 27 July 2015 Attended a meeting with the State Judges for Keep Australia Beautiful Awards Chaired the Glenorchy Planning Authority meeting Tuesday 28 July 2015 Attended the TasWater Owner Representatives meeting in Launceston 9 Monday 3 August 2015 Council Meeting Agenda Numerous internal meetings and administrative duties were also undertaken. Consultations: Nil. Human Resource / Financial and Risk Management Implications: Nil. Community Consultation and Public Relations Implications: Nil. Recommendation: That Council receives the announcements about the activities of the Mayor’s office for the period 1st July to 28th July 2015. Attachments/Annexures 10 Monday 3 August 2015 Council Meeting Agenda GOVERNANCE 11 Monday 3 August 2015 Council Meeting Agenda 10. KING GEORGE V SPORTS AND COMMUNITY FACILITY SECTION 178 ADVERTISING Author: Manager Legal and Property (Kim Hudson) Qualified Person: Director Corporate Governance & General Counsel (Seva Iskandarli) ECM File Reference: KGV Sports and Community Facility Community Plan Reference: 2.1.2 Develop strategies to maintain and improve the use of parks, public open spaces, sports grounds, public amenities and recreation facilities in line with the Council’s Sport and Recreation Strategy. Strategic or Annual Plan Reference: 1.2.3 Identify and facilitate linkages with Council and other service providers to create opportunities for our communities. 4.1.2 Ensure Council is open and transparent in its communication and dealings with our communities. Reporting Brief: This Report is to brief Council about the outcomes of the advertising of Council’s intent under section 178 of the Local Government Act 1993 (Tas) and obtain Council’s approval of a proposal to lease sections of the new King George V Sports and Community Facility building located at 1A Anfield Street, Glenorchy to Glenorchy District Football Club (GDFC), Northern Physiotherapy Services Pty Ltd (Revive) and Migrant Resource Centre (MRC). Proposal in Detail: At the Council Meeting on 6th July 2015, Council approved its intention to lease sections of the new King George V Sports and Community Facility building located at 1A Anfield Street, Glenorchy to GDFC, Revive and MRC. Under section 178(4) of the Local Government Act 1993 (Tas) Council published its intention to lease this building on two separate occasions, in The Mercury, notifying the public that objections to the proposed lease could be made to the General Manager within twenty one (21) days of the date of the first publication, being Wednesday 8th July 2015. The second publication was on Saturday 11th July 2015. Attached is a copy of both publications and marked as Annexure A. No objections were received by the due date of 29th July 2015. Under section 178 (5) of the Local Government Act 1993 (Tas) if the General Manager does not receive any objection within 21 days of the date of the first 12 Monday 3 August 2015 Council Meeting Agenda publication and an appeal is not made under section 178A, Council may lease sections of the building. Consultations: Council officers completed the following internal consultation:Manager Legal and Property Director Corporate Governance and General Counsel Human Resource / Financial and Risk Management Implications: There are no human resource implications. Council has managed any risk by undertaking the section 178 advertising. Community Consultation and Public Relations Implications: Council consulted with its community by advertising its intention to lease sections of the building in accordance with section 178 of the Local Government Act 1993 (Tas). The advertisements were published in the Mercury on two occasions. Recommendation: That in accordance with section 178 of the Local Government Act 1993 (Tas) Council approves the lease of sections of the King George V building to Glenorchy District Football Club (GDFC), Northern Physiotherapy Services Pty Ltd (Revive) and Migrant Resource Centre (MRC) subject to successful negotiation and completion of the Lease Agreements. Attachments/Annexures 1 Section 178 Advertisements 13 Monday 3 August 2015 Council Meeting Agenda 11. ACTIONS LIST FOR JULY 2015 REPORTING PERIOD Author: General Manager (Peter Brooks) Qualified Person: General Manager (Peter Brooks) ECM File Reference: Actions Register - Council Meetings Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The strategic and annual plans are based upon the Community Plan which is outwardly focussed. Since this item discusses a management/governance issue there is no applicable reference to this matter. Reporting Brief: At Council meeting 13th April 2015 – Alderman Stevenson moved and Council adopted the following Notice of Motion : It is recommended that Council install the use of an actions item register as a key tool in managing actionable items out of council meetings and workshops. Proposal in Detail: Council uses InfoCouncil software for the coordinating and drafting of Council, Committee and Glenorchy Planning Authority reports, agendas and minutes. Following each Council meeting an action report is forwarded to a Council officer to action the adopted motions of Council. Management regularly accesses the software to ensure that Council motions are actioned. The attached spreadsheet details of actions list. Consultations: Nil Human Resource / Financial and Risk Management Implications: No cost Community Consultation and Public Relations Implications: Recommendation: That Council notes the actions register. Attachments/Annexures 14 Monday 3 August 2015 1 Council Meeting Agenda Outstanding Actions List 15 Monday 3 August 2015 Council Meeting Agenda 12. BUDGET ADJUSTMENTS AND ADOPTION OF 2014/15 CARRY FORWARDS IN 2015/16 BUDGET Author: Accountant (Amanda Sartori) Qualified Person: Director Community, Economic Development and Business (Diane Hood) ECM File Reference: Budget Update 2015/16 Community Plan Reference: Open for Business Strategic or Annual Plan Reference: Objective 4.2 Manage our resources to achieve community outcomes. Strategy 4.2.1 Deploy the Council’s resources in a way that maximises the effectiveness of the organisation and delivers value for money. Strategy 4.2.2 Ensure long term financial capacity to deliver required services. Reporting Brief: To enable Council to approve additions to the 2015/16 budget. These additions relate to: Unspent monies from operating expenditure and capital project accounts, outlined within the 2014/15 budget, which were not fully expended at 30 June 2015 Unspent Grant monies and donations/contributions for a specific purpose received prior to 30 June 2015; and Other identified capital and operational budget adjustments. Proposal in Detail: General: Section 82 of the Local Government Act 1993 requires the General Manager to prepare estimates of the Council’s revenue and expenditure for each financial year and to ask Council to approve any alterations. Sections 82 (2) and (4) reads as follows: (2) Estimates are to contain details of the following: (a) The estimated revenue of the Council; (b) The estimated expenditure of the Council; (c) The estimated borrowings by the Council; 16 Monday 3 August 2015 Council Meeting Agenda (d) The estimated capital works of the Council; and (e) Any other detail required by the Minister. (4) A Council may alter by absolute majority any estimate referred to in subsection (2) during the financial year. Carry Forwards A ‘Carry Forward’ is defined in the policy as an unspent budget allocation that has approval to be transferred from the current financial year into the next financial year. A ‘Carry Forward’ may be granted due to: Approved Capital projects – where prior to the end of the financial year, significant design work and/or other costs relating to the project have been incurred and where practical completion of the project is considered to be the “cost effective” option. The presence of a contractual obligation, which at year end, commits Council to completing the associated work; The existence of associated unspent grant funds or unspent fundraising/donations that were received for a specific purpose; or, Specific approval by the General Manager. The Executive Leadership Team (ELT) have completed their annual review of contractual and other externally funded obligations that existed at 30th June 2015 and recommend Council approve the addition of amounts identified to the 2015/16 Budget. Of the $13,336k carry forward proposals being submitted for approval, $248k are for operational expenditure (of which $195k relate to Grants and Donations) and the remaining $13,089k are capital expenditure. A detailed list of the recommended carry forward projects is attached as Attachment 1. The proposed carry forwards are separated into three categories: Operational Grants and Donations, Operational Expenditure and Capital Expenditure. Table 1 below summarises the carry forwards into the above categories. Table 1– Grant/Donation, Operational and Capital Expenditure Classification Operational Grants and Operational Capital Donations Expenditure Expenditure Community, Economic Development and Business $ Corporate Governance City Services and Infrastructure Total $ $ $ 194,512 $ - - $ 496,974 $ Total 691,485 $ 43,178 $ 6,934,897 $ 6,978,075 $ 194,512 $ 10,000 $ 5,656,812 $ 5,666,812 53,178 $ 13,088,683 $ 13,336,373 17 Monday 3 August 2015 Council Meeting Agenda Operational Grants and Donations The total $195k in Grants and Donations are from the Community, Economic Development and Business department. Major grants include a Feasibility Study for Multicultural Master Plan ($100k), Moonah Taste of the World ($18k) and Glenorchy on the Go ($15k). Donations include Mobile Activity Centre donations ($14k), Volunteer Program Donations ($6k). Operational Expenditure The $53k operational expenditure relates to three project accounts across two departments - General Consultancy ($33k) Internal Audit ($10k) and Weed Eradication ($10k). The impact on the 2015/16 budget is shown in Table 2. Capital Expenditure The total $13,089k capital expenditure carry forward proposals are from across the three departments and summarised in Chart 1 below. Chart 1 – Capital Expenditure by Department ($’000) Community, Economic Development and Business ($497k) The $497k proposed from Community, Economic Development and Business is expenditure to meet contractual obligations for a range of ICT projects including TechOne Re-implementation ($318k) and New Phone System ($111k). Corporate Governance ($6,935k) The $6,935k proposed from Corporate Governance is expenditure to meet a combination of grant and contractual commitments including KGV Sports and Community Precinct Grant ($5,437k), Goodwood Community Centre Grant ($277k), Skate Park Relocation Grant ($248k), KGV Sport Precinct Toilet Facilities ($215k) and, DEC Box Office Replacement and Foyer Lighting ($207k). 18 Monday 3 August 2015 Council Meeting Agenda City Services and Infrastructure (5,657k) The $5,643k proposed from City Services and Infrastructure is expenditure to meet a combination of grant and contractual commitments. The majority of the carry forward proposal is the Derwent Reuse Project ($2,618k), Roads Capital Program ($2,708k) and Stormwater Capital Program ($320k). 2015/16 Budget Adjustments Of the total $808k in Budget Adjustments $671k relates to capital expenditure and $137k to operational. Project Jerry As part of the ICT strategy the ICT Committee endorsed an $800k “ICT Catch Up Investment” for the 2014/15 budget which subsequently became “Project Jerry”. The capital component ($300k) was included in the 2014/15 budget whilst the operational expenditure ($500k) was to be funded from savings in the 2014/15 ICT budgets. The project has been delayed and will continue into the 2015/16 budget year. The operational amounts were funded through savings, not a specific budget line item. As Project Jerry was not included in the 2014/15 operational budget, there is nothing to “carry forward”. Savings will be absorbed into the overall result for 2014/15. Subsequent advice is that the majority of the spend will be capital, which means that the budget adjustment is $290k to the capital budget and $105k to the operational budget. KGV Hydrotherapy Pool At the Council Meeting on 16 February, 2015 Council approved capital funding of $381k for a Hydrotherapy Pool within the KGV Sport multi-purpose building. As this project is not finalised a capital budget adjustment of $381k has been included as an adjustment to the 2015/16 Budget. Communication Due to an error in the 2015/16 budget Council’s ICT Communications budget requires a further $32,400 to meet expected expenditure. The operational expenditure adjustments of $137k detailed above will impact the 2015/16 Budget and Operating Deficit. More details are contained in Table 2. Impact on 2015/16 Budget Table 2 below highlights the impact of the proposed Carry Forwards and Budget Adjustments on the 2015/16 Budget approved by Council in June 2015. 19 Monday 3 August 2015 Council Meeting Agenda Table 2 – Amended 2015/16 Budget 2015/16 Budget Operating Revenue Operating Expenditure Depreciation Asset Write Off Operating (Deficit)/Surplus Capital Grant Revenue Net Property Revenue Net Deficit/(Surplus) Renewal Capital & Assets Upgrade Capital & Assets New Capital & Assets Total Capital & Assets 2014/15 Carry Forwards (248) Amended 2015/16 Budget (Including 2014/15 Carry Forwards) and Adjustments $'000 $'000 51,785 (137) (39,711) (14,444) (170) (137) (2,541) 1,232 (268) (1,190) (248) (137) 1,232 (268) (1,575) (12,475) (746) (1,529) (14,749) (3,584) (548) (8,957) (13,089) (290) (381) (671) (16,058) (1,584) (10,867) (28,509) $'000 51,785 (39,326) (14,444) (170) (2,156) $'000 (248) 2015/16 Budget Adjustment As summarised above, incorporating the 2014/15 proposed Carry Forwards and Budget Adjustments into the 2015/16 Budget will result in the $2,156k Operating Deficit increasing to $2,541k. It needs to be highlighted that the expenditure proposed does include externally funded grants/donations of $195k received prior to 2015/16, which has resulted in expenditure that will not be matched by received revenues in 2015/16. In summary the funds are currently in the bank. Of the increased capital expenditure of $13,760k, the Derwent Park Stormwater Harvesting Project (part grant and part GCC funded) accounts for $2,618k, KGV Sports and Community Precinct Grant for $5,437k and Skate Park Relocation Grant for $248k. Consultations: Relevant Council Staff Executive Leadership TeamHuman Resource / Financial and Risk Management Implications: Following the Council decision in this matter, amended versions of the 2015/16 Budget will be produced and made available to staff. Current Year – as outlined above in Table 2. 20 Monday 3 August 2015 Council Meeting Agenda Next Year & Future Years– No material impact as depreciation from capital expenditure forecasts picked up in the 2015/16 Budget and Long Term Financial Plan reflects the project timelines for KGV Sports and Community Precinct and the Derwent Park Stormwater Harvesting projects. Community Consultation and Public Relations Implications: Carry Forward adjustments will result in alterations to the original 2015/16 operating and capital budget line items. There has been no impact on rate revenue. Recommendation: To meet the grant, donation and contractual obligations it is recommended that: 1. the proposed 2014/15 Budget Carry Forward alterations to the Operating and Capital Budget 2015/16 as outlined in ‘Attachment 1’ be adopted; and 2. the proposed budget adjustments to the 2015/16 Operating and Capital Budget for Project Jerry, Hydrotherapy Pool and Communication be adopted. Attachments/Annexures 1 Carry Forward List 21 Monday 3 August 2015 Council Meeting Agenda 13. CORPORATE PERFORMANCE INDICATORS - MAY 2015 Author: Reporting Officer (David Harrison) Qualified Person: Director Community, Economic Development & Business (Diane Hood) ECM File Reference: Traffic Lights Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The Corporate Performance Indicators are provided to Council in accordance with Strategy: 4.1.5 Manage information in an integrated, secure, efficient, effective, and user friendly way; 4.1.7 4.1.8 Ensure integrated strategic planning across Council; Manage risk throughout Council; and 4.2.1 Manage the Council’s finances to ensure sustainability service delivery through a planned approach to the funding of council’s short and long term operations. Reporting Brief: To present the Corporate Performance Indicators as at the end of May 2015 for Aldermen’s information. Proposal in Detail: The Corporate Performance Indicators are attached (Attachment 1) along with Appendix B (Attachment 2). Appendix B outlines expected year-to-date variances within the various Capital Works programs for this financial year. Please note the Indicators include the 2013/2014 Budget Carry Forwards as approved in the August 2014 Council Meeting. For June 2015 we have 1 red light and yellow light: Lost Time Injury Frequency Rate (LTIFR): Month (MTD) LTIFR for June 121.31 – Red light (page 26). There was one LTI’s for June and the rolling 12 month LTIFR is up on May (53.74). Safety remains a priority for the organisation and all incidents are reviewed to ensure policies and practices are refined to avoid future incidents. 22 Monday 3 August 2015 Council Meeting Agenda Accounts Receivable (page 22): Overdue debtors are above the target due primarily to secured property debts of $55k, DPRS Contractor $1,596k and DEC debtor $39k under arrangement. 23 Monday 3 August 2015 Council Meeting Agenda Consultations: Interim Management Team Capital and Operational Expenditure Program Leaders Relevant Corporate Governance Staff Human Resource / Financial and Risk Management Implications: As outlined in the Corporate Performance Indicators reports. Community Consultation and Public Relations Implications: No public relations implications are known at this point, and no community consultation has been undertaken. Recommendation: That the information provided by the Corporate Performance Indicators for May 2015 be accepted. Attachments/Annexures 1 Appendix B Capital Report May 2015 2 Corporate Performance Indicators May 2015 24 Monday 3 August 2015 Council Meeting Agenda 14. CORPORATE PERFORMANCE INDICATORS - JUNE 2015 Author: Reporting Officer (David Harrison) Qualified Person: Director Community Economic Development & Business (Diane Hood) ECM File Reference: Traffic Lights Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The Corporate Performance Indicators are provided to Council in accordance with Strategy: 4.1.5 Manage information in an integrated, secure, efficient, effective, and user friendly way; 4.1.7 4.1.8 Ensure integrated strategic planning across Council; Manage risk throughout Council; and 4.2.1 Manage the Council’s finances to ensure sustainability service delivery through a planned approach to the funding of council’s short and long term operations. Reporting Brief: To present the Corporate Performance Indicators as at the end of June 2015 for Aldermen’s information. Proposal in Detail: The Corporate Performance Indicators are attached (Attachment 1) along with Appendix B (Attachment 2). Appendix B outlines expected year-to-date variances within the various Capital Works programs for this financial year. Please note the Indicators include the 2013/2014 Budget Carry Forwards as approved in the August 2014 Council Meeting. For June 2015 we have 1 red light and 8 yellow lights: Lost Time Injury Frequency Rate (LTIFR): Month (MTD) LTIFR for June 34.77 – Red light (page 26). There was one LTI’s for June and the rolling 12 month LTIFR is 54.21. up on May (53.74). Safety remains a priority for the organisation and all incidents are reviewed to ensure policies and practices are refined to avoid future incidents. 25 Monday 3 August 2015 Council Meeting Agenda Accounts Receivable (page 22): Overdue debtors are above the target due primarily to secured property debts of $55k, DPRS Contractor $1,596k and DEC debtor $39k under arrangement. Consultations: Interim Management Team Capital and Operational Expenditure Program Leaders Relevant Corporate Governance Staff Human Resource / Financial and Risk Management Implications: As outlined in the Corporate Performance Indicators reports. Community Consultation and Public Relations Implications: No public relations implications are known at this point, and no community consultation has been undertaken. Recommendation: That the information provided by the Corporate Performance Indicators for June 2015 be accepted. Attachments/Annexures 1 Appendix B 2 Attachment 1: Corporate Performance Indicators 26 Monday 3 August 2015 Council Meeting Agenda 15. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE 15.1 NOTICE OF MOTION - ALDERMAN D. PEARCE Author: General Manager (Peter Brooks) Qualified Person: General Manager (Peter Brooks) ECM File Reference: Notice of Motion Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The strategic and annual plans are based upon the Community Plan which is outwardly focussed. Since this item discusses a management/governance issue there is no applicable reference to this matter. Reporting Brief: To consider a notice of motion by Alderman David Pearce submitted in accordance with the requirements of Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015. Proposal in Detail: Review of Council’s Consultation Processes and Methods For many years the Glenorchy City Council has taken great pride in its various forms of community consultation. I’m sure all elected members both past and present would agree with me when I say that this city endeavours to inform and seek the advice of its citizens, and in doing so places great value on their opinions. In order that this continues this Notice of Motion is put forward with the proposal at Council re-examines its consultation processes and methods. Reasoning: Following recent discussions between the Minister for Planning and Local Government regarding the future of Local Government in Tasmania it is essential that this Council continues to accurately reflect the views and opinions of its residents. In order to do that, we must ensure that our consultation processes and methods continue to capture the majority point of view. We must consider the 27 Monday 3 August 2015 Council Meeting Agenda diversity of our community, reflect best practice and ensure that we continue to build a strong community for the future. Our existing consultation processes and methods have served us well for a number of years! However, in order for local government and communities to grow and evolve it is sometimes necessary for review to happen. I think that time is now. 28 Monday 3 August 2015 Council Meeting Agenda Officer’s Response: This item is an action in the Glenorchy City Council Annual Plan 2015/16 to 2018/19 which was adopted by Council on 1st June 2015 as follows: Intent: Making lives better Objective: 1.1 Building understanding and engagement of the issues, needs and expectations of communities Strategy: 1.1.3 Improve community consultation and participation process Action: 1.1.3.01 Utilise the community engagement process implemented for the new Community Plan to review Council’s community engagement process including the operation of Precinct Committees and new methodologies such as social media. Review Council’s community engagement strategy and develop a community engagement manual. Measurement: Completion of the review. Completion of manual Target date: 30 June 2016 Responsibility: Director CEDB This is listed as an ongoing action in the Annual Plan for the financial years 15/16 to 17/18 inclusive. Recommendation: That Council re-examines its consultation processes and methods. Attachments/Annexures 1 Notice of Motion - Alderman David Pearce 29 Monday 3 August 2015 Council Meeting Agenda 15.2 NOTICE OF MOTION - ALDERMAN J. BRANCH-ALLEN Author: General Manager (Peter Brooks) Qualified Person: General Manager (Peter Brooks) ECM File Reference: Notice of Motion Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The strategic and annual plans are based upon the Community Plan which is outwardly focussed. Since this item discusses a management/governance issue there is no applicable reference to this matter. Reporting Brief: To consider a notice of motion by Alderman Jenny Branch-Allen submitted in accordance with the requirements of Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015. Proposal in Detail: Supporting Community Food Security The role of local government in supporting community food security in Tasmania was a focus at the 2015 Local Government conference week. Identified was a lack of appetite for State and Federal government to progress the conversation and the importance of food security in the future. As an Alderman I take this issue seriously and for our cities future I believe we must address the issue of food security. Indicators in Glenorchy show we have low outcomes set against the social determinants of health, around health and wellbeing, high indications in poor health and obesity and we need to be leaders to help change the future outcomes for our community. Officer’s Response: “Council does not provide a specific service to directly address food security, however a number of actions (current and in the past) have indirectly led to improved food security outcomes. 30 Monday 3 August 2015 Council Meeting Agenda The Environmental Health team conduct risk based food safety audits of all registerable food businesses in the municipality to ensure that all food sold at these premises meet minimum safety requirements. In addition Environmental Health Officers sign off on the food safety component of the School Canteen Accreditation Program, a joint health and education funded program to ensure school children have access to safe, healthy and nutritious locally sourced produce in their school canteens. Council’s Community Development department have also facilitated the development of several community gardens including the purchase/lease of land; sourcing of grants; garden design (including accessibility); materials; and establishment. A number of community precincts have and maintain a community garden. A broader community forum on food security issues is supported.” Recommendation: 1. Glenorchy City Council plan to facilitate a community forum in 2016 to talk about community food security. 2. We invite Professor David Adams (leader in this area) to talk at the forum. Attachments/Annexures 1 Notice of Motion - Alderman Jenny Branch-Allen 31 Monday 3 August 2015 Council Meeting Agenda 15.3 NOTICE OF MOTION - ALDERMAN K. JOHNSTON Author: General Manager (Peter Brooks) Qualified Person: General Manager (Peter Brooks) ECM File Reference: Notice of Motion Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The strategic and annual plans are based upon the Community Plan which is outwardly focussed. Since this item discusses a management/governance issue there is no applicable reference to this matter. Reporting Brief: To consider a notice of motion by Alderman Kristie Johnston submitted in accordance with the requirements of Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015. Proposal in Detail: 1) That Glenorchy City Council recognises that: a. There is a well demonstrated correlation between the number of alcohol outlets & negative alcohol-related outcomes; b. Increased concentration of licensed premises and longer trading hours contribute to alcohol-related harms & violence, including the contribution of off-license premises to domestic violence; c. There are links between outlet density and: i. consumption and drinking patterns, ii. drink-driving and traffic accidents, iii. assault, homicide and other violent crimes, iv. child abuse and neglect, v. sexually transmitted diseases, vi. drunkenness and neighbourhood disturbances, vii. property damage and vandalism, and viii. personal injury d. Alcohol is causally associated with over 60 medical conditions. 32 Monday 3 August 2015 Council Meeting Agenda 2) That Glenorchy City Council a. is of the opinion that the municipality is already well serviced by bottleshops; b. opposes an increase in the prevalence of bottleshops within the municipality; and c. will take necessary steps to advocate this position to the Liquor Licencing Board and the State Government on behalf of the community. Moved: Mayor Johnston Rationale: Under the Local Government Act, Council is required to consider and act in the best interest of the community. As a “community Council” that responsibility extends beyond the delivery of traditional services, such as waste management and road infrastructure, to protecting and enhancing the social wellbeing of our community. As representatives of the community, Council has the ability to advocate and increase awareness about important social issues which impact on the quality of life and wellbeing of our residents. The adverse impacts of alcohol in the community is well researched and documented. Indeed that research has provided the foundation for Council’s engagement in education programs such as “Seriously Smashed” (a binge-drinking awareness project) and the basis for Council facilitating and participating in a number of networks with drug and alcohol service providers and other community service providers. This motion is taking that foundation of genuine concern about the negative impacts of alcohol to the next level. If this motion was adopted this Council would be providing principled and strong leadership in our community to minimise the harm and protect the vulnerable. At our ordinary Council meeting 6 July 2015, Council formally received a petition with 659 signatures opposing a proposed bottleshop in Chigwell. The grassroots, community voice on this issue is strong and not only does Council need to hear it, Council needs to act on it and magnify that community voice. Together with our community we have the opportunity to say “enough is enough”. I strongly urge my fellow aldermen to support this motion. Officer’s Response: Alcohol availability is directly linked to community well-being and safety: “Since the 1990’s study after study provides evidence that alcohol availability and drinking behaviours such as excess drinking and binge drinking were detrimental to community well-being and safety.” (Wodak, 1992; Foy et al, 1995; Chikritzhs et al 2011; Livingstone, 2013) The link between excessive alcohol consumption and lower socio economic areas A four year study between 2003 and 2007 of over 58,000 Welsh people aged over 18 years of age from across all geographic areas. A key finding was: ‘A higher risk of binge drinking was found in residents living in deprived neighbourhoods, particularly in young and middle-aged men.’ (Fone, 2013) 33 Monday 3 August 2015 Council Meeting Agenda The prevalence of retail outlets concentrated in one area. Research clearly points out that the density of liquor outlets correlates with the prevalence of alcohol associated harm. As per below: Research in recent years has been conducted into the impacts caused by the consistent growth in the number of retail alcohol outlets. Once again the research shows a correlation between the number and density of liquor outlets and alcohol associated harm. ‘The density of liquor outlets correlates with the prevalence of alcohol associated harms. Between 2003 and 2005, Tasmania recorded the highest increase (23%) in outlet density per 1,000 of the population in Australia. During this period, Tasmania experienced a large increase in incidence rate ratios for hospitalisations for the 30-44 year age group, the highest in the nation. Compared with 1993/94, the incidence rate ratio for hospitalisations in the 15-29 year age group in Tasmania was significantly greater across all subsequent years up to 2005, with the exception of 1994/95 and 1996/97. This upward trend is evident for other Australian jurisdictions such as NSW, Victoria, and the ACT (Pascal, Liang, Gilmore & Chikritzhs 2013)’. Further detail can be found in the Tasmanian Alcohol Report 2013 – Department of Health & Human Services Tasmania. Recommendation: 1) That Glenorchy City Council recognises that: a. There is a well demonstrated correlation between the number of alcohol outlets and negative alcohol-related outcomes; b. Increased concentration of licensed premises and longer trading hours contribute to alcohol-related harms and violence, including the contribution of off-license premises to domestic violence; c. There are links between outlet density and: i. consumption and drinking patterns, ii. drink-driving and traffic accidents, iii. assault, homicide and other violent crimes, iv. child abuse and neglect, v. sexually transmitted diseases, vi. drunkenness and neighbourhood disturbances, vii. property damage and vandalism, and viii. personal injury d. Alcohol is causally associated with over 60 medical conditions. 2) That Glenorchy City Council a. is of the opinion that the municipality is already well serviced by bottleshops; 34 Monday 3 August 2015 Council Meeting Agenda b. opposes an increase in the prevalence of bottleshops within the municipality; and c. will take necessary steps to advocate this position to the Liquor Licencing Board and the State Government on behalf of the community. Attachments/Annexures 1 Notice of Motion - Alderman Kristie Johnston 35 Monday 3 August 2015 Council Meeting Agenda 15.4 NOTICE OF MOTION - ALDERMAN S. SLADE Author: General Manager (Peter Brooks) Qualified Person: General Manager (Peter Brooks) ECM File Reference: Notice of Motion Community Plan Reference: This item discusses a corporate management/governance issue. Since the Community Plan is outwardly focussed, there is no applicable reference to this matter. Strategic or Annual Plan Reference: The strategic and annual plans are based upon the Community Plan which is outwardly focussed. Since this item discusses a management/governance issue there is no applicable reference to this matter. Reporting Brief: To consider a notice of motion by Alderman Stuart Slade submitted in accordance with the requirements of Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015. Proposal in Detail: Right to Information - the General Manager’s Contract of Employment and Alderman related Expenses In accordance with Part 2, Section 2 of the Local Government (Meeting Procedures) Regulations 2005, (Tas), I hereby request that the following notice of motion be included on the Council Agenda of the forthcoming meeting of Glenorchy City Council on Monday, 3rd August 2015. Rationale: All Aldermen would be aware through recent written correspondence (email dated 15th July 2015) from Ms Seva Iskandarli, Director Corporate Governance and General Counsel and a verbal update from the General Manager, The Mercury Newspaper was seeking information and expenses relating to: 1. The General Manager’s Contract of Employment; and 2. Aldermen related expenses. The Application for Assessed Disclosure (‘Application’) lodged by Mr Matt Smith of The Mercury Newspaper dated 16th June 2015 under the Right to Information Act 2009 (Tas) (‘the Act’) is about the first issue, the information and expenses relating to the General Manager’s CoE. The Mercury detailed a number of General Managers’ gross salary packages including our General Manager. These amounts are detailed in Councils’ Annual Reports. 36 Monday 3 August 2015 Council Meeting Agenda Supporting Documentation: It should be noted that all relevant documentation in relation to the second issue, that is, Aldermen related expenses have been sent by Council management through to The Mercury Newspaper. It should also be noted that the documentation in relation to the first issue, that is, the General Manager’s CoE was refused by Council management on two grounds: 1. Under the provisions of Sections 32, 35, 36 and 40 of the Right to Information Act 2009 (Tas), being exempt information as defined in the Act; and 2. Common law grounds of duty of confidentiality, duty of loyalty and fidelity between the employer and employee. The information Mr Smith requested in relation to the General Manager’s CoE included bonuses, pay rises, the criteria assessed to measure his performance (KPIs) and the expenses negotiated under his CoE are details of his CoE and his performance review process. Section 32 of the Act clearly states that information is exempt information if it is related to a properly closed meeting of Council. This was the case with our Council on this information. In addition the meeting was closed to the public under the Local Government (Meeting Procedures) Regulations 2005 (Tas). Officer’s Response: On 16 June 2015 Glenorchy City Council received the Application for Assessed Disclosure from Mr Matt Smith of the Mercury under section 13 of the Right to Information Act 2009 (Tas). The Application requested the following information: “GM bonuses” Could we please have the following details please Each year for the past three years what pay rises have been given to the council’s General Manager? Each year for the past three years what criteria has been used to measure the general manager’s performance? Could we please have the following details pleaseEach year for the past three years the records/receipts/claim forms (or any other item used to provide purchases) for all expenditure incurred by A) The council’s elected representatives B) The council’s general manager” The Application was assessed under the requirements of the Right to Information Act 2009 (Tas), the Local Government (Meeting Procedures) Regulations 2015 (Tas) and against the principles of the common law, and as a result Council has taken the following actions: 37 Monday 3 August 2015 Council Meeting Agenda 1) all the requested information relating to the elected members has been provided to the Applicant on Thursday 23 July 2015 by registered post; 2) the information relating to the General Manager’s bonuses, pay rises, assessment criteria which are specific to the General Manager and all expenditure incurred by the General Manager under his contract of employment have been refused under sections 32, 35, 36 and 40 of the Right to Information Act 2009 (Tas) as the requested information has been discussed and resolved in the closed meetings of Council under the Local Government (Meeting Procedures) Regulations 2005 (Tas) and accordingly under sections 32, 35, 36 and 40 they are exempt information. The matters discussed in the closed meeting of a Council are confidential to public. The decision was sent to Mr Matt Smith of the Mercury on 13 July 3015. On 21 July 2015 Council has received a request for “internal review of that decision” from Matt Smith of the Mercury and the Management is currently assessing this request. Recommendation: 1. That Council supports Management’s decision in refusing all documentation as detailed in Management’s email dated 15th July 2015 relevant to the General Managers’ Contract of Employment; 2. As was the case with our Council (a properly closed meeting of Council) Section 32 of the Act states that this information is exempt information; and 3. In addition, the meeting was closed to the public under the Local Government (Meeting Procedures) Regulations 2005 (Tas). Attachments/Annexures 1 Notice of Motion - Alderman Stuart Slade 38 Monday 3 August 2015 Council Meeting Agenda CLOSED TO MEMBERS OF THE PUBLIC 39 Monday 3 August 2015 Council Meeting Agenda 16. APPLICATIONS FOR LEAVE OF ABSENCE 40 Monday 3 August 2015 Council Meeting Agenda GOVERNANCE 41 Monday 3 August 2015 Council Meeting Agenda 17. CONFIRMED MINUTES OF AUDIT PANEL MEETING - 20TH MAY 2015 This item is to be considered at a closed meeting of the Council by authority of the Local Government (Meeting Procedures) Regulations 2015 (Regulation 15(2)(g)). Information of a personal and confidential nature or information provided to the Council on the condition it is kept confidential. 18. KING GEORGE V SPORTS AND COMMUNITY FACILITY - LEASE NEGOTIATION This item is to be considered at a closed meeting of the Council by authority of the Local Government (Meeting Procedures) Regulations 2015 (Regulation 15(2)(g)). Information of a personal and confidential nature or information provided to the Council on the condition it is kept confidential. 19. UPDATE ON CT MANAGEMENT PROJECTS This item is to be considered at a closed meeting of the Council by authority of the Local Government (Meeting Procedures) Regulations 2015 (Regulation 15(2)(d)) – Contracts and tenders, for the supply and purchase of goods and services and their terms, conditions, approval and renewal and (Regulation 15 (2)(g)) - Information of a personal and confidential nature or information provided to the Council on the condition it is kept confidential. 42 Monday 3 August 2015 Council Meeting Agenda ECONOMIC 43 Monday 3 August 2015 Council Meeting Agenda 20. PUBLIC SPACE ENHANCEMENT GRANT - PROJECT SELECTION This item is to be considered at a closed meeting of the Council by authority of the Local Government (Meeting Procedures) Regulations 2015 (Regulation 15(2)(b)). Information that, if disclosed, is likely to confer a commercial advantage or impose a commercial disadvantage on a person with whom the Council is conducting, or proposes to conduct, business. 21. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE (CLOSED) 44
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