agenda of community services committee meeting …...community services 2 5 november 2018 committee...

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CITY OF ARMADALE AGENDA OF COMMUNITY SERVICES COMMITTEE TO BE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON MONDAY, 5 NOVEMBER 2018 AT 5.30PM. A meal will be served at 6:15 p.m. PRESENT: APOLOGIES: OBSERVERS: IN ATTENDANCE: PUBLIC: “For details of Councillor Membership on this Committee, please refer to the City’s website www.armadale.wa.gov.au/your council/councillors.”

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Page 1: Agenda of Community Services Committee Meeting …...COMMUNITY SERVICES 2 5 NOVEMBER 2018 COMMITTEE DISCLAIMER The Disclaimer for protecting Councillors and staff from liability of

CITY OF ARMADALE

AGENDA

OF COMMUNITY SERVICES COMMITTEE TO BE HELD IN THE COMMITTEE

ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON

MONDAY, 5 NOVEMBER 2018 AT 5.30PM.

A meal will be served at 6:15 p.m.

PRESENT:

APOLOGIES:

OBSERVERS:

IN ATTENDANCE:

PUBLIC:

“For details of Councillor Membership on this Committee, please refer to the City’s website

– www.armadale.wa.gov.au/your council/councillors.”

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COMMUNITY SERVICES 2 5 NOVEMBER 2018

COMMITTEE

DISCLAIMER

The Disclaimer for protecting Councillors and staff from liability of information and advice

given at Committee meetings to be read.

DECLARATION OF MEMBERS’ INTERESTS

QUESTION TIME

Public Question Time is allocated for the asking of and responding to questions raised by members of the public. Minimum time to be provided – 15 minutes (unless not required)

Policy and Management Practice EM 6 – Public Question Time has been adopted by Council

to ensure the orderly conduct of Public Question time and a copy of this procedure can be

found at http://www.armadale.wa.gov.au/PolicyManual

It is also available in the public gallery.

The public’s cooperation in this regard will be appreciated.

DEPUTATION

CONFIRMATION OF MINUTES

RECOMMEND

Minutes of the Community Services Committee Meeting held on 2 October 2018 be

confirmed.

ITEMS REFERRED FROM INFORMATION BULLETIN - ISSUE 18

Report on Outstanding Matters – Community Services Committee

Community Planning

Community Development

Recreation Services Report

Library & Heritage Services Report

Ranger & Emergency Services Report

If any of the items listed above require clarification or a report for a decision of Council, this

item to be raised for discussion at this juncture.

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CONTENTS

COMMUNITY SERVICES COMMITTEE

5 NOVEMBER 2018

1. COMMUNITY DEVELOPMENT

1.1 TENDER - PUBLIC ART - CNR OF ARMADALE ROAD, ALBANY HIGHWAY

AND SOUTH WESTERN HIGHWAY INTERSECTION ..............................................................4

2. RANGER AND EMERGENCY SERVICES

2.1 AUTHORISED OFFICER ................................................................................................................9

2.2 **REFUND OF DOG IMPOUND FEES AND CHARGES - URCHTMAN ................................ 12

2.3 **DELEGATION TO WAIVE FEES AND CHARGES RELATING TO THE

ANIMAL MANAGEMENT FACILITY ........................................................................................14

3. COUNCILLORS’ ITEMS

TO BE SUBMITTED ................................................................................................................................. 17

4. EXECUTIVE DIRECTOR COMMUNITY SERVICES REPORT

TO BE SUBMITTED ................................................................................................................................. 17

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COMMUNITY SERVICES 4 5 NOVEMBER 2018

COMMITTEE - Community Development

1.1 - TENDER - PUBLIC ART - CNR OF ARMADALE ROAD, ALBANY HIGHWAY

AND SOUTH WESTERN HIGHWAY INTERSECTION

WARD

: ALL In Brief:

Tender/EOI 24/18 was recently advertised

for Public Artwork

Nine (9) tenders were received by the

specified closing time and evaluated

against the compliance and qualitative

criteria

The report recommends that the tender

from Si Hummerston be accepted.

FILE No.

:

DATE

: 31 October 2018

REF

: RM/KJ

RESPONSIBLE

MANAGER

Executive Director

Community Services

Tabled Items

Nil

Officer Interest Declaration

Nil

Strategic Implications

1.1 A strong sense of community spirit

1.1.3 Value and celebrate our diversity and heritage

1.1.3.1 Investigate new opportunities to collect and share the stories of

Armadale’s history

1.1.3.2 Facilitate partnerships with the Aboriginal community

1.1.3.3 Facilitate opportunities to showcase local culture

1.1.4 Foster local pride

1.1.4.2 Implement the Public Art Strategy

Legislation Implications

Assessment of legislation indicates that the following are applicable:

Section 3.57 Local Government Act 1995 – Tenders for providing goods or services

Division 2 Local Government (Functions and General) Regulations 1996 – Tenders for

providing goods or services

Council Policy/Local Law Implications

Assessment of Policy/Local Law indicates that the following are applicable:

Council Policy ADM 19 – Procurement of Goods or Services

Council Policy COMD 8 – Public Art

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COMMUNITY SERVICES 5 5 NOVEMBER 2018

COMMITTEE - Community Development

Budget/Financial Implications

The proposed expenditure can be accommodated in the 2018/19 Budget and Long Term

Financial Plan estimates commensurate with the successful tenderer recommended in this

report. A budget of $156,500 (excluding GST) was specified for the Public Artwork in the

Request for Tender.

Consultation

Intra Directorate

Public Art Assessment Panel

BACKGROUND

The City’s Public Art Strategy was endorsed by Council in April 2016 (C16/4/16). A

proposal to commission and install a major public artwork in 2018/19 was endorsed by

Council in October 2017 (C32/10/17) and the location of the raised grassed area on the South

West corner of the Armadale Road, Albany Highway and South Western Highway

intersection was endorsed by Council in February 2018 (C1/2/18).

Tender 24/18 for Public Artwork at the intersection of Armadale Road and South Western

Highway was advertised in the 11 August 2018 edition of the West Australian newspaper, on

the City of Armadale’s website and in a notice which was displayed on the Administration

Centre, Armadale, Kelmscott and Seville Grove Libraries public notice boards.

The works require an experienced artist to design, fabricate and install this commission, with

an emphasis on an artist whose work is contemporary and displays a high level of attention to

detail. Due to the accessible nature of the site, the work will need to incorporate fine grain

detail for pedestrians viewing the work from close range, as well as gestures which can be

appreciated by those passing in vehicles. The resulting artwork must be engaging and

relevant to all members of the community. It is expected installation of the successful artwork

will be completed by June 2019.

DETAILS OF PROPOSAL

Council approval is sought to award the Tender 24/18 for Public Art for the design,

fabrication and install of this commission, expected to be completed by June 2019.

COMMENT

Tender 24/18 Public Artwork closed at 12.00pm Wednesday, 5 September 2018. Tenders

were received from:

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COMMUNITY SERVICES 6 5 NOVEMBER 2018

COMMITTEE - Community Development

Tenderer’s Name

1. Australian Bell Pty Ltd

2. Headus (Metmorphosis) Pty Ltd

3. N2 Public Art + Design

4. Andrew Kay

5. Sculpture Sitoara

6. M Arif Satar & Audrey Satar T/A Janelas Verdes Fine Australian

Ceramics

7. Si Hummerston

8. Peter Zappa

9. James Voller

No tenders were received after the close of deadline.

Evaluation Process

Tender 24/18 outlined the evaluation process including:

1. Initial qualitative criteria evaluation and ranking of tenders

2. Shortlisting of artists

3. Concept development stage

4. Final Selection

The tenders were all evaluated based on the qualitative criteria and ranked in accordance to

the panel score. The tenders were shortlisted to three artists to progress the concept

development stage.

Shortlisted artists were provided with landscape drawings, a briefing by the Public Art

Coordinator and a fee of $1,500 (ex GST) to assist with preparation of their design concept

and its presentation to the Public Art Assessment Panel (PAAP). The shortlisting and final

selection was performed by the Public Art Assessment Panel as required by the Public Art

Policy (COMD 8). The PAAP consists of:

The Mayor or delegated elected member;

CEO or relevant City of Armadale Officer designated by CEO;

The City’s contracted Art Curator; and

Manager Community Development (Ex-Officio).

The evaluation process was undertaken having specific regard to the following Qualitative

Criteria:

Relevant Experience (35% weighting)

This criterion required tenderers to describe their experiences in completing/supplying similar

projects. Tenderers were requested to provide details for at least three examples of similar

public artworks, including the following information:

1. Details of artwork location, client and year of completion;

2. Provide details of issues that arose during the contract and how these were managed, if

relevant;

3. How works scheduling and maintenance was achieved;

4. Provide project value;

5. Provide the contact details of a referee for each project.

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COMMUNITY SERVICES 7 5 NOVEMBER 2018

COMMITTEE - Community Development

Peter Zappa and Si Hummerston provided the best responses, demonstrating experience in

international and Australian public art projects of varying value and diversity. Peter Zappa

achieved the highest score in this criterion.

Key Personnel Skills and Resources (25 % weighting)

This criterion required tenderers to provide information of the personnel and resources to be

allocated to this project, including a biography, qualifications and curriculum vitae of

artist/artist team members.

Si Hummerston, Australian Bell, Peter Zappa and James Voller all demonstrated a high level

of relevant qualifications and experience. Si Hummerston achieved the highest score in this

criterion.

Approach to Scope of Works (40% weighting)

This criterion required tenderers to outline their ability to deliver the project and provide an

initial intent of themes and materials including an outline of their approach to the brief.

Tenderers were asked to provide a high-level statement outlining the preferred materials and

themes the artist considered for their tender. Additionally tenderers were required to

demonstrate an understanding of the program and indicative timing for the completion of

design development and construction documentation.

Australian Bell and Peter Zappa scored the highest in this criterion with highly developed

conceptual approaches with relevant themes and materials for the site.

Ranking

The ranking of the tenders as determined by the evaluation panel is as follows:

Ten

der

er

Rel

evan

t

Exp

erie

nce

Key

Per

son

nel

&

Res

ou

rces

Ap

pro

ach

to

Sco

pe

of

Work

s

Tota

l

Ran

kin

g

35% 25% 40%

Australian Bell Pty Ltd 19.83 16.67 30.67 67.17 2

Headus (Metmorphosis) Pty Ltd 7.00 10.83 13.33 31.17 9

N2 Public Art + Design 15.17 14.17 16.00 45.33 7

Andrew Kay 18.67 14.17 20.00 52.83 6

Sculpture Sitoara 14.00 13.33 14.67 42.00 8

M Arif Satar & Audrey Satar T/A Janelas

Verdes Fine Australian Ceramics 19.83 15.83 18.67 54.33 5

Si Hummerston 24.50 17.08 25.33 66.92 3

Peter Zappa 25.67 16.67 30.67 73.00 1

James Voller 21.00 16.67 22.67 60.33 4

Based on the PAAP’s evaluation, Peter Zappa, Si Hummerston and Australian Bell Pty Ltd

were shortlisted for concept development. The concepts were submitted and evaluated by the

PAAP with the following ranking:

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COMMUNITY SERVICES 8 5 NOVEMBER 2018

COMMITTEE - Community Development

Ten

der

er

Co

nce

ptu

al

Ap

pro

ach

Des

ign

/Aes

thet

ics

Un

der

sta

nd

ing

of

Sit

e a

nd

Co

nte

xt

Fa

bri

cati

on

&

Inst

all

ati

on

Met

ho

do

logy

Bu

dg

et

To

tal

Ra

nk

ing

25% 25% 10% 20% 20%

Australian Bell Pty Ltd 33.13 40.00 4.50 9.00 27.00 113.63 3

Si Hummerston 40.94 35.94 6.50 13.00 32.00 128.38 1

Peter Zappa 38.75 40.63 4.75 9.50 26.00 119.63 2

The PAAP selected Si Hummerston as they represent the most advantageous tender for a

number of reasons. The concept design represents a high impact work which will create an

impression from the intersection of Armadale Road and South West Highway, whilst

including fine grain detail for the benefit of pedestrian viewers. The panel’s feedback will be

passed on to the artist to integrate into the design during the design development period of the

work. This included refinement of the ‘iconography’ and the plinth on which the work sits.

Si Hummerston is an experience artist, having fabricated and installed many works in a

similar materiality across the State.

CONCLUSION

Tenders for Public Artwork were recently invited with nine (9) tenders being received and

assessed by an evaluation panel against compliance and qualitative criteria.

The result was that the tender received from Si Hummerston represented the most

advantageous tender to the City.

The evaluation panel therefore recommends that the contract be awarded to Si Hummerston

for the design, fabrication and installation of a public artwork, expected to be completed by

June 2019.

RECOMMEND

That Council, in regard to Tender 24/18 for Public Artwork, accept the tender from

Si Hummerston for the design, fabrication and installation of a Public Artwork

expected to be completed by June 2019 in accordance with Council’s contract

documentation, Budget and Long Term Financial Plan estimates

ATTACHMENTS

There are no attachments for this report.

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COMMUNITY SERVICES 9 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

2.1 - AUTHORISED OFFICER

WARD

: ALL In Brief:

The appointment of Authorised Persons

for the purpose of administering the

various Acts, Regulations and Local Laws

relating to Ranger Services

Recommend that Mr Cameron Smith be

appointed as an “Authorised Person”

FILE No.

: M/681/18

DATE

: 22 October 2018

REF

: LJ

RESPONSIBLE

MANAGER

: Executive Director

Community Services

Tabled Items

Nil

Officer Interest Declaration

Nil

Strategic Implications

1.1.2.2 Facilitate bush fire awareness and emergency preparedness.

1.3.2.3 Deliver initiatives that respond to local law enforcement and legislative compliance.

1.3.3.1 Contribute to cooperative regional emergency management.

Legislation Implications

Section 9.10(1) Local Government Act 1995

Section 450 Local Government (Miscellaneous Provisions) Act 1960

Section 11 (1) (3) Dog Act 1976 and Regulations

Section 48 Cat Act 2011 and Regulations

Section 38 (3) Control of Vehicles (Off Road Areas) Act 1978

Bush Fires Act 1954 and Regulations

Section 38 (1) Bush Fires Act 1954

Section 26 (1) Litter Act 1979 – 1981

Section 20 (1) Criminal Procedures Act 2004

Council Policy/Local Law Implications

Local Laws Relating to Dogs

Local Laws Relating to Parking and Parking Facilities

Local Government Property Local Law

Activities and Trading in Thoroughfares and Public Places Local Law

Local Laws Relation to Trading in Public Places

Environment, Animals and Nuisance Local Laws

Livestock in Public Places and Wandering at Large Local Law 2015

Budget/Financial Implications

Nil

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COMMUNITY SERVICES 10 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

Consultation

Nil

BACKGROUND

Nil

DETAILS OF PROPOSAL

The following Report Recommendation to appoint the following person as Authorised

Officers of the City of Armadale is submitted on the basis of having confirmed that the

named persons have the requisite :-

1. Training, qualifications and experience to undertake the powers being authorised;

2. Skills and general disposition as confirmed by reference/referee checks; and

3. Clearances to undertake the powers being authorised.

To enable the following nominated person at the City of Armadale to undertake the

appropriate responsibilities it is a requirement that Council shall, in writing, appoint them to

exercise on behalf of the Local Government the powers conferred as an “Authorised Person”

for the purpose of enforcing various Act/local Laws generally.

COMMENT

Mr Cameron Smith has recently commenced as a Ranger for the City and the

recommendation for appointment an Authorised Officer is consistent with his position role

description and will serve to facilitate and assist in the orderly business and performance of

the Ranger and Emergency Services.

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COMMUNITY SERVICES 11 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

RECOMMEND

That Mr Cameron Smith be appointed as an “Authorised Person” for the City of

Armadale to exercise powers pursuant to the following legislation:

Part XX of the Local Government (Miscellaneous Provisions) Act 1960

Part 9 Division 2 of the Local Government Act 1995

Section 9.13 & 9.15 of the Local Government Act 1995

Section 20(1) Criminal Procedures Act 2004

Dog Act 1976 and Regulations

Cat Act 2011 and Regulations

Control of Vehicles (Off Road Areas) Act 1978 and Regulations

Bush Fires Act 1954 and Regulations

Section 38 (1) Bush Fire Act 1954

Section 59(3) Bush Fires Act 1954

Litter Act 1979 and Regulations

Local Government (Parking for Disabled Persons) Regulations 1988

Local Law Relating to Dogs

Local Law Relating to Parking and Parking Facilities

Livestock in Public Place and Wandering at Large Local Law 2015

Local Government Property Local Law

Activities and Trading in Thoroughfares and Public Place Local Law

Environment, Animals and Nuisance Local Law

This authorisation will be withdrawn automatically when the person herein named as

an “Authorised Person” ceases employment with the City.

ABSOLUTE MAJORITY RESOLUTION REQUIRED

ATTACHMENTS

There are no attachments for this report.

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COMMUNITY SERVICES 12 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

**2.2 - REFUND OF DOG IMPOUND FEES AND CHARGES - URCHTMAN

WARD

: ALL In Brief:

The approval to refund dog impound fees

and charges due to break in at property

and dog released from property

unlawfully.

Recommend that Council approve the

refund of fees and charges to Samantha

Urchtman for dog impound.

FILE No.

: M/693/18

DATE

: 26 October 2018

REF

: LJ/CV

RESPONSIBLE

MANAGER

: Executive Director

Community Services

Tabled Items

Nil

Officer Interest Declaration

Nil

Strategic Implications

1.3.2.3 Deliver initiatives that respond to local law enforcement and legislative

compliance.

Legislation Implications

Section 11 (1) (3) Dog Act 1976 and Regulations

Council Policy/Local Law Implications

Local Laws Relating to Dogs

Council Fees and Charges Schedule 2018

Budget/Financial Implications

Refund of the Impound Fees equates to $310.

Consultation

Nil

BACKGROUND

Ms. Urchtman’s dogs were impounded on 1 October 2018 and were subsequently collected

on 2 October 2018 with the full impoundment fees of $310 being paid. Ms Urchtman has

requested the fees be refunded as the animals escaped due to a criminal break in at her

property. This has been substantiated by WA Police.

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COMMUNITY SERVICES 13 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

DETAILS OF PROPOSAL

It is proposed that the impound fees of $310 be refunded to Ms Samantha Urchtman based on

substantiated circumstances as noted in this report.

COMMENT

Officers support the refund of paid fees and charges to Ms. Urchtman who has also had to

pay given the circumstances that occured.

Currently there is no delegated authority to any officer of the Local Government to waiver

the fees and charges relating to animal impounding, the matter must be approved by Council

for this to occur. This is a subject of a second report in this Community Services Agenda.

RECOMMEND

That Council approve the refund of animal impound fees and charges of $310 to Ms

Samantha Urchtman due to special circumstances as outlined in this report.

ABSOLUTE MAJORITY RESOLUTION REQUIRED

ATTACHMENTS

There are no attachments for this report.

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COMMUNITY SERVICES 14 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

**2.3 - DELEGATION TO WAIVE FEES AND CHARGES RELATING TO THE

ANIMAL MANAGEMENT FACILITY

WARD

: ALL In Brief:

Requests that Council consider the

creation of a new delegation granting the

power to the Chief Executive Officer to

waive or grant concessions in relation to

fees and charges pertaining to the animal

management facility.

Recommend that Council endorses the

delegation to the Chief Executive Officer,

as presented.

FILE No.

: M/615/18

DATE

: 30 October 2018

REF

: CV

RESPONSIBLE

MANAGER

: Executive Director

Community Services

Tabled Items

Nil

Officer Interest Declaration

Nil

Strategic Implications

4.1 Visionary Civic leadership and sound governance

4.1.2 Make decisions that are sound, transparent and strategic

4.2 An innovative and progressive organisation

4.2.2 Implement business plans and practices that improve service delivery

Legislation Implications

The relevant sections of the Local Government Act 1995 are as follows;

5.42. Delegation of some powers and duties to CEO.

5.43. Limits on delegations to CEOs.

5.44. CEO may delegate powers and duties to other employees.

5.46. Register of, and records relevant to, delegations to CEOs and employees.

6.12(1) A local government may waive or grant concessions in relation to any amount of

money which is owed to the local government.

Council Policy/Local Law Implications

Assessment of Policy/Local Law indicates that the following is applicable;

Local Laws Relating to Dogs

Budget/Financial Implications

There may be a slight financial implication in reducing budget revenue of approximately

$2000.

Consultation

1. Executive Director Community Services

2. Governance and Administration Department

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COMMUNITY SERVICES 15 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

BACKGROUND

The City receives regular requests to waiver or reduce fees and charges that relate to

impounding of animals due to financial hardship or special circumstances. Currently an

invoice is raised that allows an animal to be released, however additional charges are accrued

when the invoice remains unpaid creating more hardship for the owner. In other cases, the

owner does not collect the animal due to not being able to meet the fees and charges resulting

in the animal either being rehomed, or where applicable, euthanised.

The City has established that there are situations within our community where the waiving of

fees and charges is warranted and that the following criteria would be applied when

evaluating whether a fee should be reduced or waivered.

A written request to be received for evaluation of the delegated officer that demonstrates one

or more of the following:

(i) Extreme financial hardship of the applicant.

(ii) Medical evidence demonstrating the applicant is reliant on the animal in terms of

providing health or emotional well-being.

(iii) Evidence that the applicant’s quality of life is reliant on the animal: or evidence

that the animal is an assistance dog.

(iii) The animal escaped due to a natural disaster or event;

(iv) The animal escaped due to extenuating and unforeseen circumstances beyond the

owner/keepers control;

(v) The animal escaped due to the premises being the subject of a criminal activity; and

The criminal activity was reported to the Western Australian Police Force and a

report number was issued: and

The Western Australian Police Force confirms the report number of the alleged

criminal activity to the City of Armadale.

DETAILS OF PROPOSAL

Council is requested to approve a new delegation to the Chief Executive Officer granting him

the power under section 6.12(1)(b) of the Local Government Act 1995 to waive or grant

concessions in relation to any amount of money which is owed to the City subject to the

delegation being limited to the waiving of fees and charges pertaining to the animal

management facility.

COMMENT

The Chief Executive Officer has similar delegations in relation to withdrawing infringments,

waivering dog registration fees and granting extensions for payments of penalities under the

Dog and Cat Acts.

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COMMUNITY SERVICES 16 5 NOVEMBER 2018

COMMITTEE - Ranger and Emergency Services

The approval of this request will allow officers to use their discretion in special

circumstances and situations enabling family pets to be returned to their family home. It

should also result in a reduction in number of animals not being claimed and the ongoing care

of animals in our community improve.

OPTIONS

There are three options available:

1. Approve the delegation as presented in the Report recommendation;

2. Approve the delegation with amendments

3. Not approve the delegation.

CONCLUSION

It is recommended that Council delegate the power to the Chief Executive Officer to waive or

grant concessions in relation to any amount of money which is owed to the City subject to the

delegation being limited to the waiving of fees and charges pertaining to the animal

management facility.

RECOMMEND

That Council, pursuant to Section s5.42(1) of the Local Government Act 1995, delegate to

the Chief Executive Officer the power under section 6.12(1)(b) to waive or grant

concessions in relation to any amount of money which is owed to the City subject to the

delegation being limited to the waiving of fees and charges pertaining to the animal

management facility.

ABSOLUTE MAJORITY RESOLUTION REQUIRED

ATTACHMENTS

There are no attachments for this report.

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COMMUNITY SERVICES 17 5 NOVEMBER 2018

COMMITTEE

COUNCILLORS’ ITEMS

To be submitted

EXECUTIVE DIRECTOR COMMUNITY SERVICES REPORT

To be submitted

MEETING DECLARED CLOSED AT ___________