COUNCIL AGENDA MONDAY, 11TH MAY 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, 27th April 2015 Purpose: To discuss: GCC Draft Open Space Strategy State Policy – Healthly Places and Spaces Date: Monday, 4th May 2015 Purpose: To discuss: Proposed Local Government Regulations Amendment AAV Ajdustment Factor Act TABLE OF CONTENTS: 1. APOLOGIES ................................................................................................ 4 2. CONFIRMATION OF MINUTES .................................................................... 4 3. ANNOUNCEMENTS BY THE CHAIR .............................................................. 4 and 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. ANNOUNCEMENTS BY THE MAYOR ............................................................ 6 9. ENDORSEMENT OF WELLINGTON ALLIANCE PILOT PROJECT ...................... 10 ECONOMIC .......................................................................... 12 10. EARLY REPAYMENT OF AN EXISTING TASCORP LOAN ................................ 13 ENVIRONMENT .................................................................... 15 11. SOUTHERN WASTE STRATEGY AUTHORITY - QUARTERLY REPORT - DECEMBER 2014 ..................................................................................... 16 GOVERNANCE ...................................................................... 18 12. CORPORATE PERFORMANCE INDICATORS - FEBRUARY 2015 ..................... 19 13. CORPORATE PERFORMANCE INDICATORS - MARCH 2015 .......................... 21 14. BERRIEDALE CARAVAN PARK - EXPRESSION OF INTEREST .......................... 23 15. 625 MAIN ROAD, GRANTON - LICENCE OF LAND ........................................ 26 16. LOCAL GOVERNMENT REFORM - INITIAL CONSULTATION .......................... 28 17. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE ..................................................................................................... 33 17.1 NOTICE OF MOTION 1 - ALDERMAN J. DUNSBY ......................................... 33 17.2 NOTICE OF MOTION 2 - ALDERMAN J. DUNSBY ......................................... 35 17.3 NOTICE OF MOTION 3 - ALDERMAN J. DUNSBY ......................................... 38 17.4 QUESTION ON NOTICE - ALDERMAN J. DUNSBY......................................... 40 CLOSED TO MEMBERS OF THE PUBLIC .................................. 44 18. APPLICATIONS FOR LEAVE OF ABSENCE ..................................................... 44 II GOVERNANCE .................................................................................... 44 19. DRAFT MINUTES OF AUDIT PANEL MEETING - 1ST APRIL 2015 ................... 44 20. BUDGET ADJUSTMENT - RESTRUCTURING OF MANAGEMENT POSITIONS ................................................................................................ 44 21. GENERAL MANAGER'S KPI'S - 12 MONTHS................................................. 44 22. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE (CLOSED) ...................................................................................... 44 III Monday 11 May 2015 Council Meeting Agenda 1. APOLOGIES 2. CONFIRMATION OF MINUTES That the minutes of the Council Meeting held on 13th April 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 11 May 2015 Council Meeting Agenda COMMUNITY 5 Monday 11 May 2015 8. Council Meeting Agenda ANNOUNCEMENTS BY THE MAYOR Author: Mayor Kristie Johnston Qualified Person: General Manager (Peter Brooks) ECM File Reference: Mayor 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 8th April 2015 to 4th May 2015. Wednesday, 8th April 2015 Attended meeting with Resident Chaired Extra Council Workshop Chaired the Glenorchy Planning Authority Thursday, 9th April 2015 Attended meeting regarding Opportunity Child Friday, 10th April 2015 Attended meeting regarding Cadbury Funding Attended meeting at Hexagon Saturday, 11th April 2015 Officially unveiled the new War Memorial at Claremont Monday, 13th April 2015 Attended the STCA meeting Chaired an Extra Council Workshop Chaired Council Meeting Attended Flag Parade meeting 6 Monday 11 May 2015 Council Meeting Agenda Tuesday, 14th April 2015 Held meeting with Business Representative Thursday, 16th April 2015 Attended Opportunity Child/Collective Impact Governance meeting Attended urgent TasWater briefing Attended the opening of the Exposure Exhibition Friday, 17th April 2015 Officiated at the Recovery Shop 32nd Birthday Celebrations Officially opened the Youth Week Activity “Press Play” at the MAC Attended the RSL Centenary of ANZAC Dinner Sunday, 19th April 2015 Officially opened the Small Business Expo Monday, 20th April 2015 Attended meeting with Resident Attended meeting with Resident Chaired Glenorchy Planning Authority Meeting Attended ANZAC Flag Parade meeting Attended the Claremont Garden Club as guest speaker Tuesday, 21th April 2015 Attended Cedric Manen (MRC) farewell function Wednesday, 22nd April 2015 Attended TasWater’s Owner Representative General Meeting (Launceston) Attended Rosetta/Montrose Precinct meeting Attended TTMS Committee meeting Thursday, 23rd April 2015 Attended and jointly officiated the ANZAC Schools Flag Parade Attended a Metro Tasmania Stakeholder Forum Attended the Glenorchy Precinct meeting Friday, 24th April 2015 Attended meeting with Sonya Enkelmann and Allison Stone regarding Child Social Development Project Attended the Tasmanian Headstone Project unveiling service Attended the Montrose Bay High Inauguration Assembly of Student Leaders Attended the Dominic College Performance “In Their Own Words” 7 Monday 11 May 2015 Council Meeting Agenda Saturday, 25th April 2015 Attended and laid wreath at 6am Claremont Dawn ANZAC Day Service Guest Speaker and laid wreath at the 9am Claremont ANZAC Day Service Officiated and laid wreath at the 11am Glenorchy ANZAC Day Service Attended and laid wreath at the Tobruk Memorial Service Sunday, 26th April 2015 Attended and coordinated the Clean Up Glenorchy Taskforce Claremont activity Monday, 27th April 2015 Attended and participated in the Cystic Fibrosis Launch and Celebrity Cake Decorating Competition Chaired Council Workshop Tuesday, 28th April 2015 Attended the Pakuna Services First Birthday Celebrations Attended the International Worker’s Memorial Service Wednesday, 29th April 2015 Chaired the Wilkinson’s Point and Elwick Bay Steering Committee Attended a meeting with business owner Officiated at a Citizenship Ceremony Thursday, 30th April 2015 Attended the LGAT General Meeting Participated in the Garage Sale Trail media event Friday, 1st May 2015 Attended meeting with resident Attended meeting at Hexagon Saturday, 2nd May 2015 Attended and laid wreath at Coral Sea Battle Service Attended the West Moonah Community House and Rotary Health Wellness Dinner Monday, 4th May 2015 Chaired Extra Council Workshop Chaired Glenorchy Planning Authority meeting Numerous internal meetings and administrative duties were also undertaken. 8 Monday 11 May 2015 Council Meeting Agenda 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 8th April 2015 to 4th May 2015. Attachments/Annexures 9 Monday 11 May 2015 9. Council Meeting Agenda ENDORSEMENT OF WELLINGTON ALLIANCE PILOT PROJECT Author: Manager Community & Customer Service (David Laugher) Qualified Person: Manager Community & Customer Service (David Laugher) ECM File Reference: Glenorchy Community Learn Community Plan Reference: Making Lives Better Strategic or Annual Plan Reference: 1.2.2.01 Develop and implement a whole of community response to building a learning community in Glenorchy. Reporting Brief: The Wellington Alliance schools (Sonya Enkelmann and Alison Stone) are seeking the support of Glenorchy City Council (endorsement only) for the establishment of a pilot project to provide after school activities for children in grades 2 to 6. Proposal in Detail: This proposal to develop a pilot project to provide after school activities for children in the grade 2 to grade 6 categories has been developed by schools in the Wellington Alliance. Three schools have been identified as potential participants in the pilot, namely Glenorchy Primary, West Moonah Primary, and Goodwood Primary. These schools will host the activities. The program would be delivered from 3pm to 4pm on specified days, with activities programs and sponsors/delivery agents still being developed. A maximum of 20 places will be available for each activity. Parent/guardians will be responsible for dropping off and picking up their children at the completion of the activity. The cost of the activities is a gold coin donation and will be paid on arrival at the activity. Parents or community members who may wish to share their skills with a small group of students would be welcome to contact Sonya Enkelmann on 0466 253 321 or email [email protected]. All volunteers will be required to undertake a Working with Children check. The proponents of this project seek Councils formal support to the pilot. The support is in the form of an endorsement only. There are no financial contributions or commitments being asked of Council. 10 Monday 11 May 2015 Council Meeting Agenda The pilot project aligns with the Glenorchy LEARN strategy and continues to provide strong positive experiences for young people in a learning environment. Consultations: No specific consultations by Council have occurred. The proposal before Council is one of the provision of support for an initiative of schools from the Wellington Alliance. The LEARN Strategy however has been an outcome of extensive consultations and is encompassed in the Community Strategic Plan and in Council’s Strategic Plan. Human Resource / Financial and Risk Management Implications: There are no human resource/financial risks to Council from this proposal. This is not a project of Council, but merely a project that aligns with and supplements some of the aims of the LEARN strategy. Community Consultation and Public Relations Implications: As noted above, no specific community consultations have taken place in respect to this project, however it accords with and strongly supports the LEARN Strategy. Recommendation: 1. That Council endorses the request for support from the Wellington Alliance schools for their pilot project to run after school activities for children aged between 8 and 12 years of age; and 2. That Council recognises this endorsement will be used in correspondence and promotion of the project. Attachments/Annexures 1 Letter of request for support 11 Monday 11 May 2015 Council Meeting Agenda ECONOMIC 12 Monday 11 May 2015 Council Meeting Agenda 10. EARLY REPAYMENT OF AN EXISTING TASCORP LOAN Author: Accountant (Amanda Sartori) Qualified Person: Acting Manager Business and Finance (Jason Browne) ECM File Reference: Loan 26 TasCorp 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: 4.2.2 Ensure long term financial capacity to deliver required services. Reporting Brief: The entire organisations debt portfolio has a fixed interest rate. In several instances the expiry of the fixed interest rate is earlier than the loan expiry date. One such loan is with Tascorp and has a fixed interest rate expiry on the 15th June 2015. On this date the following options apply: 1. The organisation can enter into another fixed rate interest rate period as agreed with Tascorp; 2. The organisation can opt for an interest only variable loan term. The outstanding loan balance is repaid at the expiry date. However, if the loan is repaid earlier there will be market component adjustment charged as a penalty; or 3. The organisation can repay the loan in full without incurring any penalties or additional charges. After reviewing cash requirements and modelling within the long term financial plan, it is recommended to repay the loan balance of $554,023.15 at this time. Proposal in Detail: The loan was taken out as part of the 2010/11 budget and all terms were compliant with the debt policy of the organisation. The current interest rate on the loan is 6.14%. This rate was offered when the loan was taken out on the 15th June 2011. The amount financed was $680,000 and the agreed rate term was 4 years with a 15 year loan maturity term, with expiry on the 15th June 2026. The outstanding balance of the loan on the 15th June 2015 will be $554,023.15. 13 Monday 11 May 2015 Council Meeting Agenda Early repayment will significantly reduce future scheduled loan repayments. Currently, annual repayments for this loan are $70,015 annually. After reviewing cash requirements and modelling within the Long Term Financial Plan, it is recommended to repay the loan balance of $554,023.15. Consultations: The Treasury Accountant has consulted with Tascorp representatives. The Interim Management Team will be consulted. The Acting Manager Business and Finance has provided input into the report. Human Resource / Financial and Risk Management Implications: The outstanding loan balance as at 15th June 2015 (when the interest rate term expires) is $554,023. By repaying this loan in full, the debt portfolio balance will reduce from $7,067,329 to $6,513,306, with the cash balance reducing by $554,023 in the short term. The annual loan repayment total will reduce by $70,015 annually. These repayments are scheduled for the remainder of the loan term (the loan matures on the 15th June 2026). Community Consultation and Public Relations Implications: Community consultation is not required and there will be no public relations impact. Recommendation: Council endorse the loan repayment of $554,023 on the 15th June 2015. Attachments/Annexures Nil. 14 Monday 11 May 2015 Council Meeting Agenda ENVIRONMENT 15 Monday 11 May 2015 Council Meeting Agenda 11. SOUTHERN WASTE STRATEGY AUTHORITY - QUARTERLY REPORT - DECEMBER 2014 Author: Manager Waste Services (Shafiq Mohamed) Qualified Person: Manager Waste Services (Shafiq Mohamed) ECM File Reference: Southern Waste Strategy Authority 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 Quarterly Report – December 2014 of the Southern Waste Strategy Authority. Proposal in Detail: The Southern Waste Strategy Authority (SWSA) is a “joint authority” formed under Section 36B of the Local Government Act 1993. The Quarterly Report – December 2014 of the Southern Waste Strategy Authority has been provided and is attached. Consultations: None required. Human Resource / Financial and Risk Management Implications: None. Community Consultation and Public Relations Implications: None. 16 Monday 11 May 2015 Council Meeting Agenda Recommendation: That the Quarterly Report – December 2014 of the Southern Waste Strategy Authority be received. Attachments/Annexures 1 Attachment - SWSA Quarterly Report - December 2014 2 Attachment - SWSA - Tasmanian Waste Levy Benefit Study 17 Monday 11 May 2015 Council Meeting Agenda GOVERNANCE 18 Monday 11 May 2015 Council Meeting Agenda 12. CORPORATE PERFORMANCE INDICATORS - FEBRUARY 2015 Author: Reporting Officer (David Harrison) Qualified Person: Acting Manager Business and Finance (Jason Browne) 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 February 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 February 2015 we have 1 red light and 3 yellow lights: Lost Time Injury Frequency Rate (LTIFR): Month (MTD) 32.70 LTIFR for February – Red light (page 29). There was one LTI for February and the rolling 12 month LTIFR is 38.72 marginally up on January (40.93). Safety remains a priority for the organisation and all incidents are reviewed to ensure policies and practices are refined to avoid future incidents. 19 Monday 11 May 2015 Council Meeting Agenda Corporate Services Revenue (page 14): Primarily below budget due to lower wage recoveries at the Derwent Entertainment Centre due to below budget attendance events held. General Manager’s Unit Expenditure (page 17): Primarily above budget due to redundancy payment and higher legal expenses relating to Human Resources and back-pay paid relating to the previous financial year. Accounts Receivable (page 25): 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: Executive Leadership Team Capital and Operational Expenditure Program Leaders Relevant Corporate Services 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 February 2015 be accepted. Attachments/Annexures 1 February 2015 - Corporate Performance Indicators 2 Appendix B - Corporate Indicators 20 Monday 11 May 2015 Council Meeting Agenda 13. CORPORATE PERFORMANCE INDICATORS - MARCH 2015 Author: Reporting Officer (David Harrison) Qualified Person: Acting Manager Business and Finance (Jason Browne) 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 March 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 March 2015 we have 1 red light and 1 yellow light: Lost Time Injury Frequency Rate (LTIFR): Month (MTD) 40.71 LTIFR for March – Red light (page 26). There were two LTI for March and the rolling 12 month LTIFR is 40.55 marginally up on February (38.72). Safety remains a priority for the organisation and all incidents are reviewed to ensure policies and practices are refined to avoid future incidents. 21 Monday 11 May 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 March 2015 be accepted. Attachments/Annexures 1 March 2015 Corporate Indicators Report 2 Appendix B 22 Monday 11 May 2015 Council Meeting Agenda 14. BERRIEDALE CARAVAN PARK - EXPRESSION OF INTEREST Author: Manager Legal and Property (Kim Hudson) Property Officer (Rachel Cooper) Qualified Person: Director Corporate Governance (S. Iskandarli) ECM File Reference: Berriedale Caravan Park 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: 2.1.3 Communicate and market our economic growth opportunities. 3.1.3 Deliver services that create sustainable and liveable built environments. 4.1.2 Ensure Council is open and transparent in its communication and dealings with our communities. 4.2.1 Deploy the Council’s resources in a way that maximises the effectiveness of the organisation and delivers value for money. Reporting Brief: To obtain approval for the process to be undertaken for the advertising and consideration of re-development proposals for the Berriedale Caravan Park via a public Expression of Interest invitation. The Expression of Interest invitation will allow Council staff to gauge interest in and obtain essential information on the proposed re-development. It is then proposed to provide a report to Council on the submissions received as part of the Expression of Interest process. Advertisement of the intention to lease the public land in compliance with section 178 of the Local Government Act 1993 (Tas) will then occur, providing interested community members with sufficient details of the proposed lessee, the term and proposed development/use of the site. Proposal in Detail: At the Council meeting on 10th June 2014 (Attachment 3), Aldermen endorsed the recommendation: a) Council approve the advertising of Council’s intent to lease the public land known as the Berriedale Caravan Park, 1 Alcorso Drive, Berriedale in accordance with Section 178 of the Local Government Act, 1993. Council Officers are now asking for approval for the procedure to be undertaken to determine the interest in leasing and re-developing the site. 23 Monday 11 May 2015 Council Meeting Agenda This will: allow Council Officers to obtain essential information in relation to the preferred lease and possible redevelopment, i.e. who, for what proposed purpose, and for how long etc.; allow for ongoing community engagement and for the current tenant and residents to finalise vacating the site. The current lease agreement expires on 30 June 2015 and steps have been undertaken to transition the current residents to new accommodation; minimise community confusion around the process being undertaken and to provide the community with all the relevant information once the Expressions of Interest have been received; and allow the continued management of the high level of public and media interest in the site. Consultations: Director Corporate Governance Manager Legal and Property Coordinator Communications and Marketing Legal and Governance Officer Human Resource / Financial and Risk Management Implications: The possible redevelopment of the site will improve amenity and attract visitations to Glenorchy. The construction and maintenance within the site will be clarified within the lease to reflect minimal ongoing financial commitment from Council. The possible redevelopment of the site will provide a valuable asset to Council in the future. The land will remain in Council ownership. Community Consultation and Public Relations Implications: It is proposed that to maintain transparency with the project, community consultation through advertisement under section 178 of the Local Government Act 1993 (Tas) will commence after the Expression of Interest timeframe is completed. The commencement of the program to improve access to tourism facilities and to the peninsula foreshore is expected to raise community awareness and acceptance that this is a community site. Recommendation: Council approves: (i) the advertising of the Expression of Interest documentation in both Tasmanian and Australian wide newspapers and through the Tenderlink portal (Attachments 1 and 2); 24 Monday 11 May 2015 Council Meeting Agenda (ii) that a report on the submissions received through the Expression of Interest process will be provided to Council for their consideration of the options; and (iii) that after the Expressions of Interest have been evaluated, Council’s intent to lease the public land known as the Berriedale Caravan Park, 1 Alcorso Drive, Berriedale be advertised in accordance with Section 178 of the Local Government Act 1993 (Tas). Attachments/Annexures 1 Attachment 1 - Berriedale Caravan Park - Expression of Interest Advert 2 Attachment 2 - Berriedale Caravan Park - Expression of Interest Development Documents 3 Attachment 3 - Berriedale Caravan Park - Council Report - 10th June 2014 25 Monday 11 May 2015 Council Meeting Agenda 15. 625 MAIN ROAD, GRANTON - LICENCE OF LAND Author: Manager Legal and Property (Kim Hudson) Qualified Person: Director Corporate Governance (S. Iskandarli) ECM File Reference: 625 Main Road, Granton 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: 1.2.1 Facilitate the delivery of services that build community capacities and capabilities. 4.1.2 Ensure Council is open and transparent in its communication and dealings with our communities. Reporting Brief: To obtain Council’s final approval to licence vacant land located at 625 Main Road, Granton to Mr. George Burrows of 650 Main Road, Granton, for a period of ten (10) years. Proposal in Detail: At the Council Meeting on 16th February 2015, Council approved in principle to licence vacant land at 625 Main Road, Granton to Mr. George Burrows to allow him to endeavour to restore the land’s vegetation to its original condition. Under Section 178(4) of the Local Government Act 1993 (Tas) the licence of this land was advertised on two separate occasions, in The Mercury, notifying the public that objection to the proposed sale be made to the General Manager within twenty one (21) days of the date of the first publication. No objections were received. 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 publication and appeal is not made under section 178A, the Council may licence the land. Consultations: Council officers completed the following internal consultation:Interim Management Team Co-ordinator Planning Services Environment Co-ordinator 26 Monday 11 May 2015 Council Meeting Agenda Heritage Officer Environment Co-ordinator Natural Areas; and Council Lawyer Manager of Community Inclusion – Implemented a community engagement plan. Human Resource / Financial and Risk Management Implications: It is expected the licence of the site will provide a return $250.00 per annum. Council staff will develop a licence that will allow access to the land. Current Year Next Year Future Years Term of Licence $250.00 + $45.00 licence preparation fee $250.00 + CPI Initial rental plus CPI increases 10 years Community Consultation and Public Relations Implications: The intention to licence the Land was advertised in accordance with Section 178 of the Local Government Act 1993 (Tas). In addition, Council actioned a community engagement plan where letters were sent to surrounding property owners. No objections were received in relation to the proposed licence of land. Recommendation: Council approve the granting of a licence for the vacant land at 625 Main Road, Granton to Mr. George Burrows, for a period of ten (10) years, with an annual licence fee of $250.00 per annum. Attachments/Annexures Nil. 27 Monday 11 May 2015 Council Meeting Agenda 16. LOCAL GOVERNMENT REFORM - INITIAL CONSULTATION Author: Manager City Strategy (Tony McMullen) Qualified Person: Manager City Strategy (Tony McMullen) ECM File Reference: Local Government Reform Community Plan Reference: We are a proud City; a city of arts; of opportunity; a city that makes exciting things happen. Leading our Community We will be a progressive, positive community with strong Council leadership, striving to make Our Community’s Vision a reality. Strategic or Annual Plan Reference: Leading Our Community Objective 4.1 Govern in an open and responsible manner in the best interests of the community. Strategy 4.1.1 Provide leadership and advocacy to address issues facing our communities. Strategy 4.1.2 Ensure Council is open and transparent in its communication and dealings with our communities. 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. Objective 4.3 Foster relationships to deliver community outcomes. Strategy 4.3.1 Develop and manage collaborative relationships with other levels of Government. o Action 4.3.1.01 Liaise with the State Government as appropriate on matters of strategic priority. o Action 4.3.1.02 Participate in the review of the role and functions of local government. Strategy 4.3.2 Partner with community groups, business and not for profit organisations to achieve community outcomes. Strategy 4.3.3 Partner with other councils and regional organisations to achieve community outcomes. o Action 4.3.3.01 Identify and formalise external council relationships to partner and, where feasible, share resources. o Action 4.3.3.02 Actively participate in peak local government bodies (LGAT & STCA) to advance community priorities. 28 Monday 11 May 2015 Council Meeting Agenda Reporting Brief: To seek endorsement of a community engagement plan for an initial phase of stakeholder consultation about local government reform to inform Council’s response to the Minister for Planning and Local Government’s invitation. Proposal in Detail: Background The Minister for Planning and Local Government, The Hon. Peter Gutwein MHA, has invited Tasmanian councils engage in a process of voluntary local government reform. The Minister’s invitation is for councils to consider shared services or voluntary amalgamation. Council considered the Minister’s invitation at its meeting on 13th April 2015 and resolved as follows: (a) That Council notes the Minister for Planning and Local Government’s local government reform invitation. (b) That Council endorses a set of draft guiding principles and way forward as a means of investigating its response to the Minister’s local government reform invitation. (c) That the Mayor, on behalf of Council, writes to the Minister for Planning and Local Government to formally advise its intended approach in terms of the draft guiding principles and way forward. (d) That the Mayor, on behalf of Council, write to all other Tasmanian councils, the Local Government Association of Tasmania and the Southern Tasmanian Councils Authority (Think South) to formally advise its intended approach in terms of the draft guiding principles and way forward. (e) That a community engagement plan be prepared for Council endorsement in May 2015 setting out all relevant stakeholders, including the Glenorchy community, other councils and peak local government bodies and the proposed means of engaging with those stakeholders on Council’s response to the Minister’s local government reform invitation. The Mayor wrote to other Tasmanian councils and peak local government bodies on 23rd April 2015 attaching the draft “Guiding Principles” and “Way Forward” and seeking an indication as their openness to exploring the potential for mutuallybeneficial reform initiatives. The Mayor wrote to the Minister on 24th April 2015 confirming the progress of Council’s response to the Minister’s reform invitation and promising advice of further progress once Council had considered a community engagement plan. 29 Monday 11 May 2015 Council Meeting Agenda Community Engagement Plan for Initial Consultation The purpose of this report is to seek endorsement of a community engagement plan for an initial phase of stakeholder consultation about local government reform to inform Council’s response to the Minister for Planning and Local Government’s invitation. This is to action resolution (e) from the 13th April Council meeting. A Community Engagement Plan has been prepared for the initial phase of consultation with the community and other key stakeholders in relation to the Minister’s local government reform invitation. Refer to Attachment 1. Consultation Objectives The proposed objectives of the consultation are as follows: • To obtain a sense of the community’s attitude to local government reform in order to enable Council to make an informed response to the Minister’s local government reform invitation. • To explain to the Glenorchy community the Minister’s local government reform invitation, including the process. • To explain Council’s current stance - i.e. Council has not taken a position for or against local government reform. • To explain to the Glenorchy community the draft Guiding Principles developed by Council for assessing local government reform opportunities. • To identify potential partners in the local government reform process. • To explain the next steps in the local government reform process. Key Messages Proposed key messages for the different groups of stakeholders are as follows: Glenorchy Community (including community organisations and businesses) • The Minister has invited councils across Tasmania to consider local government reform, including voluntary amalgamations and sharing of services. • Council has not taken a position for or against local government reform. • Council wants your feedback about whether you are happy to explore local government reform further with the government and other councils so that we can get back to the Minister about his invitation. • Council has prepared some draft “Guiding Principles” to assess potential partners in local government reform. • Are you happy for us to talk to potential partners using the draft “Guiding Principles”? 30 Monday 11 May 2015 Council Meeting Agenda Other Councils • We have provided you with a copy of our draft Guiding Principles and Way Forward. • We are currently seeking feedback from our community. • So that we can respond to the Minister’s invitation, we want to know whether you are interested in talking to us further? • Does the draft Guiding Principles form a suitable basis for such a discussion? Peak Local Government Bodies • We want to inform you of the consultation process we are undertaking to respond to the Minister’s local government reform invitation. Stakeholders • Glenorchy residents including “Glenorchy Matters” Community Panel • Community organisations • Businesses • Special Committees of Council • Other councils • Peak local government bodies • Minister for Planning and Local Government • Aldermen, Interim Management Team & Council staff Proposed Engagement to be Undertaken The Community Engagement Plan provides more detail, but in summary, the following elements of consultation are proposed: Mayoral letters to stakeholders along with an A4 “fact sheet”. News item and questionnaire on Council’s website. Single page spread in the June edition of the “Glenorchy Gazette”. Media release. Two hour “drop in” sessions at the Bucaan, West Moonah and Goodwood Community Houses and at suitable venues in Glenorchy and Claremont to be held in the week commencing 8th June 2015. Session times to be staggered to provide varied opportunities to attend. Sessions to be attended by the Mayor/Deputy Mayor and any Alderman who wishes to attend, along with a staff member. All staff email from General Manager. 31 Monday 11 May 2015 Council Meeting Agenda Timing of Consultation A 1 month consultation period is proposed, commencing on 18th May 2015. Informal Soundings on Guiding Principles Draft Guiding Principles Council Decision to Consult Community Consultation 11/5/2015 May-June 2015 Consultation with Other Councils, LGAT, STCA May – June 2015 Council Reviews Feedback Advice to Minister July 2015 July 2015 Consultations: The draft community engagement plan has been adapted from similar plans recently prepared and endorsed by Council in respect of the Community Plan Review. The community engagement plan has been prepared in consultation with the Mayor, General Manager and Co-ordinator Communication and Marketing. Human Resource / Financial and Risk Management Implications: The proposed consultation process will be undertaken within Council’s existing staffing and 2014/15 budget allocation. Community Consultation and Public Relations Implications: Refer to body of report. Recommendation: That Council endorse an initial phase of community consultation in response to the Minister for Planning and Local Government’s local government reform invitation, to be carried out in accordance with the Community Engagement Plan at Attachment 1 (as summarized in this report). Attachments/Annexures 1 Community Engagement Plan 32 Monday 11 May 2015 Council Meeting Agenda 17. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE 17.1 NOTICE OF MOTION 1 - ALDERMAN J. DUNSBY 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 Jan Dunsby submitted in accordance with the requirements of Section 16(5) of the Local Government (Meeting Procedures) Regulations 2005. Proposal in Detail: In accordance with Part 2, Section 2 of the Local Government (Meeting Procedures) Regulations 2005, I hereby request that the following motion be included on the Agenda of the forthcoming meeting of Glenorchy City Council on Monday, 11th May 2015. Rationale: Glenorchy residents and ratepayers continue to show great interest in the affairs of our City by attending meetings and have no other forum to ask questions other than at the Annual General Meeting. It reiterates that Council encourages openness and transparency in all matters. If adopted Council will need to endorse a change to the policy. Officer’s Comment Public question time is one of the important opportunities for communication with the community of the City of Glenorchy. 33 Monday 11 May 2015 Council Meeting Agenda Under Regulation 31(1) of the Local Government (Meeting Procedures) Regulations 2005 any member of the public may give written notice to the General Manager at least 7 days before the ordinary Council meeting of a question to be asked at that meeting. In addition, the Regulation also states that the Chair of the Council may address questions on notice submitted under Regulation 31(1), and invite any member of the public present at the ordinary Council meeting to ask questions relating to the activities of the Council. There is no limitation under the requirements of the Regulation 31 that the questions from the members of the public are to be restricted to, or relevant to, the items on the Agenda. Council Agenda is made available to the members of the public at least 4 days before the ordinary Council meeting in compliance with Regulation 9 and accordingly it will not be possible for the public to lodge a written notice of the question about the Agenda item 7 days before the meeting when the Agenda is not published, so confirming that questions are not limited to Agenda items. However, clause 8(a) of Council’s Meeting Procedures Policy states that Chair is not to allow questions from the public that do not relate to an item of business on the Agenda. Consultations: Human Resource / Financial and Risk Management Implications: Community Consultation and Public Relations Implications: Recommendation: That public question time during Council meetings not be limited to items on the Agenda of that meeting. Attachments/Annexures 1 Notice of Motion 1 - ALd J. Dunsby 34 Monday 11 May 2015 17.2 Council Meeting Agenda NOTICE OF MOTION 2 - ALDERMAN J. DUNSBY 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 Jan Dunsby submitted in accordance with the requirements of Section 16(5) of the Local Government (Meeting Procedures) Regulations 2005. Proposal in Detail: In accordance with Part 2, Section 2 of the Local Government (Meeting Procedures) Regulations 2005, I hereby request that the following motion be included on the Agenda of the forthcoming meeting of Glenorchy City Council on Monday, 11th May 2015. Rationale: I am sure all of us have experienced difficulty in reading the road markings whilst driving during inclement weather. If this occurs at night then the problems increase dramatically. Many people then have to rely on local knowledge of the road to determine if they are placed in a correct lane and even then it leads to heightened level of uncertainty and anxiousness when driving. It is even worse for people who are driving in an unfamiliar area and can lead to traffic altercations. One simple measure would be to progressively change the road markings that are currently white to yellow. Additionally retroflectors could be considered to be added to the markings, either by addition to the paint or by the greater use of cat's eyes. The current state of road markings within our city is a cause of common criticism amongst residents and the following quote from a Conference paper highlights that we are constantly not meeting minimum standards due to the poor state of many markings across our City. 35 Monday 11 May 2015 Council Meeting Agenda I provide the following information in lieu of a lack of information available for our State, In a paper presented by Ross Walsh (ex RTA Traffic Engineer) at the Roadmarking Industry Association of Australia Conference in 2004, entitled, ‘Raising the Safety Levels of Linemarking on State Roads and National Highways’, he says: “A number of reports conclude that a driver's preview time of 1.8 seconds to the visibility of road markings ahead should be regarded as an absolute minimum for safe driving. This equates to the driver being able to see the road markings up to about 44 metres ahead at 80 km/hr and up to about 60 metres ahead at 100 km/hr”. “The current intervention level for retroreflectivity of 100 mcd/lux/m2 for dry linemarking that has been set by the RTA allows for visibility on a dry night of up to about 50 metres. This barely satisfies the "absolute minimum for safe driving" requirement for 80 km/hr and fails that requirement for 100 km/hr”. “The current intervention level for retroreflectivity of 70 mcd/lux/m2 for wet linemarking (i.e. 70% of the dry values) set by the RTA completely fails to satisfy the "absolute minimum for safe driving" requirement for both 80 km/hr and 100 km/hr at night in the wet”. Officer’s Comment Line marking colour and type is rigidly prescribed by Aust Standard AS1742 Manual of Uniform Traffic Control Devices. It is required under the Standard that pavement markings are white in colour. Yellow line marking are restricted by the Standard to the following uses: a) b) c) d) Parking spaces whose use is restricted to certain user classes, Edge lining to indicate no stopping, Tram lane lines, Longitudinal lines in snow areas except for the edge line where stopping is to be permitted. With regard to the retro-reflectivity of line marking, it is noted that these paints are also covered by Aust Standards and contain glass beads for this purpose. Line marking is generally maintained by Dept State Growth and is renewed by DSG (via their contractor). Council regularly forwards requests for specific renewal of linemarking on the basis of resident complaints and on the basis of Council’s own informal inspections. Based on the paragraph extracted from the conference paper, the current level for retro-reflectivity fails to satisfy the "absolute minimum for safe driving" requirement for both 80 km/hr and 100 km/hr at night in the wet”. While this might be correct in certain circumstances, it is noted that all Council’s roads have the speed limit of 60k or less, except Glenlusk Road and part of Collinsvale Road which are 70k roads. 36 Monday 11 May 2015 Council Meeting Agenda Consultations: Human Resource / Financial and Risk Management Implications: Community Consultation and Public Relations Implications: Recommendation: That Council liaise with Department of State Growth to introduce yellow road markings to replace the current white markings Statewide. Secondly, that Council also raise this matter with the Local Government Association of Tasmania as a further support for lobbying on this road safety matter. Attachments/Annexures 1 Notice of Motion 2 - Ald J. Dunsby 37 Monday 11 May 2015 17.3 Council Meeting Agenda NOTICE OF MOTION 3 - ALDERMAN J. DUNSBY 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 Jan Dunsby submitted in accordance with the requirements of Section 16(5) of the Local Government (Meeting Procedures) Regulations 2005. Proposal in Detail: In accordance with Part 2, Section 2 of the Local Government (Meeting Procedures) Regulations 2005, I hereby request that the following motion be included on the Agenda of the forthcoming meeting of Glenorchy City Council on Monday, 11th May 2015. Kerbsides are progressively being altered to provide outstands as an assistance to pedestrians and these are often complimented by a pedestrian refuge in the centre of the road. Many of these become difficult to view in inclement weather which results in vehicles impacting with them. The inclusion of reflectors at the construction stage is relatively minimal in cost and will contribute to safer road in our community. It will also create an additional safety measure for pedestrians utilising these crossings in low lit and low visibility areas. Officer’s Comment The Department of State Growth produces Standard Drawings which are the general reference for installations of this type. All central traffic island approach line markings require Retro-reflective Raised Pavement Markers (RRPMs) be installed on both sides of the line marking. This provides adequate delineation for drivers approaching a median island including pedestrian refuges. 38 Monday 11 May 2015 Council Meeting Agenda Delineation of kerb outstanding is recommended to be assessed on a case by case basis as there may be more appropriate ways of delineating the outstand, rather than the installation of RRPMs, for example signs or line marking. As a general comment Council should note that Aust Standards and Standard Drawings are the result of expert research and national (and international) experience. Consultations: Human Resource / Financial and Risk Management Implications: Community Consultation and Public Relations Implications: Recommendation: That all outstands and pedestrian refuges constructed by Council or its contractors are marked with reflectors. That Council to liaise with Department of State Growth to bring about Statewide consistency. Attachments/Annexures 1 Notice of Motion 3 - Ald J. Dunsby 39 Monday 11 May 2015 17.4 Council Meeting Agenda QUESTION ON NOTICE - ALDERMAN J. DUNSBY Author: General Manager (Peter Brooks) Qualified Person: General Manager (Peter Brooks) ECM File Reference: Question on Notice 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 question on notice by Alderman Jan Dunsby submitted in accordance with the requirements of Section 30 of the Local Government (Meeting Procedures) Regulations 2005. Proposal in Detail: In accordance with Part 2, Section 2 of the Local Government (Meeting Procedures) Regulations 2005, I hereby request that the following question on notice be included on the Agenda of the forthcoming meeting of Glenorchy City Council on Monday, 11th May 2015. At the Meeting of Council on 16th February a decision was made to support the funding of a Hydrotherapy pool at the KGV complex. At a recent community briefing on the project, it was stated that some $800,000 had been generated via interest on the grant funds being held in account due to the delayed start to the project and that the funds would be put back into the project. Why was the funding of the Hydrotherapy pool not sourced from these funds? Secondly, it was advised that a grant application had been submitted to additionally cover the cost of the Hydrotherapy pool. What is the status of that funding application? 40 Monday 11 May 2015 Council Meeting Agenda Officer’s Comment: The federal government project funding for the KGV Redevelopment did not include a Hydrotherapy Pool. The funding was for:i. KGV Sports and Community Facility consisting of improved facilities for the Glenorchy District Football Club (G.D.F.C.), office accommodation and service facilities for the Migrant Resource Centre (M.R.C.) and an allied health centre. ii. Multipurpose Synthetic Soccer Field; iii. Tasmanian Transport Museum Bus Display Shed; iv. Relocation of the Cricket Training Nets; and v. New entry Gates to Glenorchy Cricket Club. During the design phase of the project, it was widely recognised that there was the need for a Hydrotherapy pool in Glenorchy because: Glenorchy’s community characteristics. e.g. an aging population; a community with ongoing complex medical needs; The accessibility of alternative hydrotherapy pools; and The pending closure of the aging Tower Road hydrotherapy pool. Previously Council had investigated a Hydrotherapy pool facility located at the Glenorchy Memorial Aquatic Centre. This was not viable for a number of reasons, namely:- cost being in the order of $1.3 million; and operational cost being prohibitive because the pool would be sited at a facility that is only open for six (6) months of the year. The $800,000 interest was not directly used for the proposed hydrotherapy pool because:a) b) c) The grant funding did not permit expenditure on this use unless a variation to the agreement was sought; The cost of the building works had escalated over the delayed period; The original funding proposal for the entire facility was based on very schematic plans that did not meet the needs of the G.D.F.C., the M.R.C. and the successful applicant for the allied health facility. One of the reasons why the construction cost of the hydrotherapy pool (being approximately $400K) was less than previous Council estimates (i.e. $1.3 million) was because the base building contract covers the construction cost of ancillary areas such as: The entry foyer and waiting area; Change-rooms and amenities; Accessible / Ambulant change-rooms; and Office and storage facilities. 41 Monday 11 May 2015 Council Meeting Agenda These are also required for the rehabilitation gym facility. Therefore it could be said that a portion of the $800k interest is actually being used to assist with the construction of the hydrotherapy pool. It should also be noted that Council was provided with a number of project updates informing elected members of the proposed inclusion of the hydrotherapy pool. During 2013 and 2014 considerable work was done with both the State and Federal governments to seek additional funding for the hydrotherapy pool. The project was ‘virtually promised’ the additional funds at the last Federal Government election, however the funds did not come to fruition. Further detail can be provided on this if requested. In late 2014 Council submitted yet another grant application to the Federal Government. The latest advice is that this round of funding will be announced sometime in May 2015. By way of the tender structure, contractually the Builder gave Council the opportunity to include hydrotherapy pool within the scope of the contracted project on the condition that a decision was made by no later than Thursday, 19th March 2015. Given the tight timeframe, the Federal Government grant result would not be known in time. At Council’s February 2015 meeting it was decided to:1. 2. Fund the full cost of the hydrotherapy pool as per the business case put forward; and If the Federal Government grant application was successful only fund the required 50% of cost. Consultations: Human Resource / Financial and Risk Management Implications: Community Consultation and Public Relations Implications: Question on Notice: At the Meeting of Council on 16th February a decision was made to support the funding of a Hydrotherapy pool at the KGV complex. At a recent community briefing on the project, it was stated that some $800,000 had been generated via interest on the grant funds being held in account due to the delayed start to the project and that the funds would be put back into the project. Why was the funding of the Hydrotherapy pool not sourced from these funds? 42 Monday 11 May 2015 Council Meeting Agenda Secondly, it was advised that a grant application had been submitted to additionally cover the cost of the Hydrotherapy pool. What is the status of that funding application? Attachments/Annexures 1 Question on Notice - Ald J. Dunsby 43 Monday 11 May 2015 Council Meeting Agenda CLOSED TO MEMBERS OF THE PUBLIC 18. APPLICATIONS FOR LEAVE OF ABSENCE GOVERNANCE 19. DRAFT MINUTES OF AUDIT PANEL MEETING - 1ST APRIL 2015 This item is to be considered at a closed meeting of the Council by authority of the Local Government (Meeting Procedures) Regulations 2005 Section 15(2)(f)(information provided to the Council on the condition it is kept confidential). 20. BUDGET ADJUSTMENT - RESTRUCTURING OF MANAGEMENT POSITIONS This item is to be considered at a closed meeting of the Council by authority of the Local Government (Meeting Procedures) Regulations 2005 Section 15(2)(b)(industrial matters relating to a person). 21. GENERAL MANAGER'S KPI'S - 12 MONTHS This item is to be considered at a closed meeting of the Council by authority of the Local Government (Meeting Procedures) Regulations 2005 Section 15(2)(a)(personnel matters, including complaints against an employee of the council) and (2)(j)-(the personal affairs of any person). 22. NOTICES OF MOTIONS – QUESTIONS ON NOTICE / WITHOUT NOTICE (CLOSED) 44
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