Agenda 11 May 2015
Transcription
Agenda 11 May 2015
NOTICE OF OPERATIONS COMMITTEE MEETING MEMBERSHIP Chairperson – Cr Tony Mitchell Mayor Sam Johnson Cr Brett Benbow Cr Phil Greagen OAM Cr Ann Johnston Cr Mark Myers Cr Phillip Brown Cr Colleen Hutchison Cr Lisa Lumsden Cr Fran Paynter Notice is hereby given pursuant to Sections 87 and 88 of the Local Government Act 1999, that the next OPERATIONS COMMITTEE MEETING will be held in the Council Chambers, 4 Mackay Street, Port Augusta on MONDAY 11 MAY 2015 commencing at 6:00pm. A copy of the Agenda for the above meeting is attached to this notice. LEE HERON ACTING CHIEF EXECUTIVE OFFICER 07/05/2015 AR15/16562 11/05/2015 Civic Centre: 4 Mackay Street Port Augusta South Australia 5700 Telephone (08) 8641 9100 Facsimile (08) 8641 0357 Postal Address: PO Box 1704 Port Augusta South Australia 5700 [email protected] www.portaugusta.sa.gov.au AGENDA 1. ELECTION OF CHAIRPERSON n/a 2. DECLARE MEETING OPEN 3. APOLOGIES & LEAVE OF ABSENCE 4. CONFLICT OF INTEREST 5. CONFIRMATION OF PREVIOUS MINUTES (ATTACHED) Recommendation That the minutes of the previous Operations Committee Meeting (AR15/12823) held on 13/04/2015 be adopted as a true and correct record of that meeting. 6. PRESENTATION/DEPUTATION Nil 7. QUESTIONS ON NOTICE Nil 8. QUESTIONS WITHOUT NOTICE 9. NOTICE OF MOTION Nil 10. PETITION Nil 11. CONFIDENTIAL ITEMS Opportunity to discuss if any item within this agenda should be discussed under Confidential provisions; or any confidential matter within the agenda that should be debated in the open. 12. REPORTS 12.1 AR15/12902 – Community Grant Application – Port Augusta Scout Group 12.2 AR15/15283 – Sale Process – Netball Courts Railway Parade, Port Augusta 12.3 AR15/16424 – Central Oval Precinct - Long Term Leases Port Augusta Netball Association, Port Augusta Basketball Association, and Spencer Gulf Football League 13. CLOSURE OF THE MEETING TO THE PUBLIC 14. CONFIDENTIAL REPORTS Nil 15. MEETING DECLARED CLOSED AR15/16562 11/05/2015 MINUTES OF OPERATIONS COMMITTEE MEETING HELD ON MONDAY 13 APRIL 2015 PRESENT Mayor S Johnson, Deputy Mayor B Benbow, Crs P Brown, C Hutchison, A Johnston, L Lumsden & M Myers. OFFICERS PRESENT Chief Executive Officer Mr J Banks, Director Corporate Services Mr M Dunemann, Director Infrastructure & Environment Mr H Hart, Director City & Cultural Services Mrs L Heron, Director Community Services Mrs A O’Reilly and Executive Assistant Ms M Jenkins. GALLERY PRESENCE Public 4 – Media 3 ELECTION OF ACTING CHAIRPERSON In the absence of the Chairperson Cr Mitchell, the Chief Executive Officer called for nominations for the position of Acting Chairperson Crs Mayor Johnson/Cr Johnston nominated Cr Benbow. No further nominations were received. Cr Benbow accepted the position and assumed the Chair and declared the meeting open at 6pm. APOLOGIES Crs Lumsden/Hutchison that the following apologies be received: Cr T Mitchell (Chairperson) Cr P Greagen OAM Cr F Paynter CARRIED CONFLICT OF INTEREST Cr Brown declared a conflict of interest in relation to agenda item 12.7 – Port Augusta Tennis Association Lighting Project, as he provided electrical consultancy services to the Association. However he believed a conflict of interest was not relevant to the presentation being provided on this item. CONFIRMATION OF PREVIOUS MINUTES Mayor Johnson/Cr Johnston that the minutes of the previous Operations Committee Meeting (AR158235) held on 10/03/2015 be adopted as a true and correct record of that meeting. CARRIED PRESENTATION F10/543 Tennis Australia – Port Augusta Tennis Association Lighting Proposal Mr Michael Rowbottom, President of the Port Augusta Tennis Association introduced Mr Lynton Franzi, Major Project Manager – Tennis Australia and Mr Brett Hidson – Manager Community & Clubs – Tennis SA. He also introduced representatives from the Port Augusta Tennis Association in the gallery Mr Karl Martin and Mr Bruno Carcuro. Mr Franzi provided a presentation on the Port Augusta Tennis Association Lighting Proposal. (A copy of the power-point presentation is attached to the minutes). The presentation concluded at 6:21pm and the presenters and Tennis Association representatives left the meeting. Crs Johnston/Brown moved the resumption of proceedings (6:22pm) CARRIED AR15/12823 13/04/2015 -2- QUESTION/S WITHOUT NOTICE Nil BOER WAR PLAQUE – GLADSTONE SQUARE AR15/11720 F10/611 Crs Benbow/Lumsden that Operations Committee recommends Council supports the installation of a plaque in Gladstone Square commemorating Port Augusta residents who served in the Boer War at an estimated cost of $500 using funds from the Community Grants Budget. REVIEW – ORDER MAKING POLICY 1.1.13 AR15/11754 F10/20982 Crs Hutchison/Johnston that Operations Committee recommends Council adopts the Order Making Policy 1.1.13, as amended. REVIEW – DISPOSAL OF LAND & ASSETS POLICY 1.1.12 AR15/12997 F10/2082 Mayor Johnson/Cr Hutchison that Operations Committee recommends Council adopts the Disposal of Land and Assets Policy 1.1.12, as amended. REGIONAL PUBLIC HEALTH PLAN 2015-2020 – PORT AUGUSTA – ADOPTION AR15/12164 F12/274 Crs Hutchison/Johnston that Operations Committee recommends Council adopts the Regional Public Health Plan 2015-2020, as amended. NOMINTION FOR PORT AUGUSTA, ROXBY DOWNS & WOOMERA HEALTH ADVISORY COUNCIL AR15/11539 F13/1077 Mayor Johnson/Cr Brown that Operations Committee recommends Council supports a nomination being submitted by Cr Johnston for a position on the Port Augusta, Roxby Downs and Woomera Health Advisory Council. APPOINTMENT OF INDEPENDENT MEMBERS TO AUDIT COMMITTEE AR15/12073 F10/67 Mayor Johnson/Cr Hutchison that Operations Committee recommends Council: CARRIED CARRIED CARRIED CARRIED CARRIED 1. Appoints Mr John Ewen, Mr Chad McKnight and Mr Alan Morris to the Audit Committee with the term of office expiring on 30 November 2018. 2. Updates the Terms of Reference to reflect the appointments and term of office. CARRIED AR15/12823 13/04/2015 -3- SALE OF LAND – HURCOMBE CRESCENT, PORT AUGUSTA WEST & CHRISTOPHER STREET, STIRLING NORTH AR15/12054 F10/622 Mayor Johnson/Cr Hutchison that Operations Committee recommends Council: 1. Maintains the current sale arrangements for the following allotments: 56 Hurcombe Crescent, Port Augusta 58 Hurcombe Crescent, Port Augusta 60 Hurcombe Crescent, Port Augusta 9 Christopher Street, Stirling North – 2. – First National Real Estate – Elders Real Estate – Raine & Horne Real Estate Century 21 Real Estate Be provided with a further report providing information in respect of disposal for each of the allotments including a reduction in the current reserve price and impact on rates. Cr Lumsden/Mayor Johnson moved the suspension of proceedings to enable discussion (6:34pm) Crs Lumsden/Hutchison moved the resumption of proceedings (6:38pm) Cr Brown sought leave to speak which was approved. Crs Johnston/Brown moved the resumption of proceedings (6:41pm) The motion was put and CARRIED PORT AUGUSTA TENNIS ASSOCIATION – LIGHTING PROJECT AR15/12319 F10/543 Cr Brown declared a conflict of interest in relation to this matter, as he provided electrical consultancy services to the Association, and vacated the Chambers at 6:42pm. Mayor Johnson/Cr Myers that Operations Committee recommends Council: 1. Receives and notes the report (AR15/12319) dated 07/04/2015 submitted by the Director Corporate Services, concerning “Port Augusta Tennis Association – Lighting Project”. 2. Provides “in principle” support for the Project, to enable the Association to make further funding applications. 3. Refers the request from the Port Augusta Tennis Association for a contribution of $30,000 to the 2015/2016 Budget considerations. CARRIED Cr Brown re-entered the Chambers at 6:43pm. BUDGET COMPARISON TO 09/04/2015 AR15/12802 F10/96 AR15/12823 13/04/2015 Crs Brown/Hutchison that Operations Committee recommends Council: 1. Receives and notes the report (AR15/12802) dated 09/04/2015 submitted by the Director Corporate Services, concerning “Budget Comparison to 09/04/2015”. 2. Resolves to make the following re-allocations in the 2014/2015 Budget: Waste Water Treatment Plant Capital Waste Water Treatment Plant Maintenance Jetties Mayoral Statue Civic Centre Solar Array Evans Place Road Construction Net Adjustment CARRIED The meeting was declared closed at 6:52pm. AR15/12823 13/04/2015 $65,000 $85,000 $60,000 $140,000 -$200,000 -$43,000 $107,000 AR15/12823 13/04/2015 AR15/12823 13/04/2015 AR15/12823 13/04/2015 AR15/12823 13/04/2015 AR15/12823 13/04/2015 REPORT FOR: Operations Committee MEETING DATE: 11 May 2015 REPORT FROM: Contracts & Events Officer REPORT TITLE: Community Grant Application – Port Augusta Scout Group FILE NAME: F15/396 RECORD NO: AR15/12902 COMMUNITY VISION & STRATEGIC PLAN OBJECTIVE/S 5 We Celebrate 5.3 Celebrate together through a lively program of events, arts and activities. PURPOSE To seek Council approval to provide a Community Grant of $2000.00 (inc GST) to the Port Augusta Scout Group for financial assistance to send 10 Scouts to the Sydney Jamboree and 5 scouts to the New Zealand Venture in January 2016. RECOMMENDATION Operations Committee recommends Council: 1. Agrees to provide a Community Grant of $2000.00 (Inc GST) from the current budget allocation (2014/2015) to the Port Augusta Scout Group for financial assistance to send 10 Scouts to the Sydney Jamboree and 5 scouts to the New Zealand Venture in January 2016. A condition of the grant is that a report giving full results is received by Council within 60 days of the events taking place. If events are not attended as above the grant is required to be paid back to council. BACKGROUND 1. A request for funding has been received from the Port Augusta Scout Group for financial assistance to send 10 Scouts to the Sydney Jamboree and 5 scouts to the New Zealand Venture in January 2016. 2. The Port Augusta Scout Group has provided the youth of Port Augusta with a safe and friendly environment in which to undertake a broad range of activities while helping them develop personally for over 100 years. 3. At a time when childhood and general community obesity has been identified as an area of concern the Port Augusta Scout Group is enjoying a revival, allowing the club to bring an active lifestyle choice to an increasing number of Port Augusta youth. 4. The Port Augusta Scout group has developed a Strategic Plan to guide them through the next five years. A copy is attached for further information. -2– DISCUSSION 1. In January a group of 10 Scouts will travel to Sydney from 3rd – 14th for the 2016 Australian Jamboree and a smaller group of 5 Venturer Scouts will travel to New Zealand for the 13 NZ Venture from 3rd – 16th January. 2. The Scout Group acknowledge the financial support previously provided by Council through rate relief and a community grant for $2500 in 2013 for upgrade to infrastructure at the Scout hall however are seeking support to subsidise cost for the 15 young Scouts to expand their knowledge. 3. The group has a number of goals they would like to achieve by participating in the Jamboree and venture. Some of these are; to become more experienced as scouts; to learn about different cultures; earn badges and to become better leaders. 4. The current Port Augusta Scout Group has only recently been reformed and as a result whilst all members possess great enthusiasm, they lack the scouting and leadership experience that would be naturally present in longer established groups. The Jamboree will give leaders of the group the opportunity to gain a vast amount of scouting experience in a short space of time and will allow them to pass this experience and enthusiasm on to other members of their troop and future recruits on return. This will hopefully result in a strong foundation for the group, now and in the future and allow Port Augusta Scouts to remain as a strong community minded youth organisation. 5. The cost to attend the Sydney Jamboree is approximately $1850 and the New Zealand Venture $3500 per member a community grant of $2000 equates to just $133 per child. 6. The Scouts who are going are fundraising to subsidise their fees and the club is being proactive in seeking other grants and therefore it is recommended that Council support the Port Augusta Scout Group with a community grant of $2000 from the current budget allocation (2014/2015). 7. Approval of the grant from the 2014/2015 budget allocation does not set a precedent for future application by the Scout Group. RISK MANAGEMENT 1: Financial/Budget $2000.00 (Inc GST) from the 2014/2015 Community Grants Budget Line. 2: Legal n/a 3: Environment n/a 4: Community 4.1 General Attendance at the Sydney Jamboree and Venture New Zealand will be a great opportunity for the Scouts to raise the profile of Port Augusta and the region at a National and international event. The Scouts are a group that is active in the community and participate in Council Events such as Clean up Australia Day (had 2 clean up groups) and the Augusta Markets by collecting cans and rubbish and cleaning the food court area. 4.2 OPAL Program Participating in outdoor activities with the scout groups promotes the healthy active lifestyle of the OPAL program. Brooke Mundy 27/04/2015 DATE NAME REQUESTED $ APPROVED $ PAID $ REPORT RECEIVED 23/6/2014 Crossroads Music Festival $1310 $1310 $1191 23/6/2014 Stirling North Ladies Badminton Club $900 $900 $900 Y 23/6/2014 Tri State Games $1600 $1600 $921.13 Y 28/7/2014 Daffodil Day $1000 $1000 $1000 Y 28/7/2014 RSL Virtual War Memorial Project $1589 $1589 $1589 N/A 11/8/2014 Port Augusta Secondary School $100 $100 $100 N/A 13/8/2014 Caritas Collage $100 $100 $100 N/A 25/8/2014 RFDS $2000 $2000 $2000 Y 25/8/2014 Christmas Party for Special Children $1540 $1540 $1540 Y 25/8/2014 Model Engineers Society $3372.60 $3372.60 $3372.60 25/8/2014 Port Augusta Performing Arts – Blues in the Barracks $805 $805 $805 Y 25/8/2014 Police Charity Golf Day $400 $400 $400 Y 3/9/2014 Blue Light Disco $210 $210 $210 22/9/2014 Cirkids $400 $400 $400 1/12/2014 Swimming Club Carnival & Open Water Swim $400 $400 $400 1/12/2014 Quilters Guild – This goes with that revisited $400 $400 $400 1/12/2014 Anti- Poverty Week – Uniting Care Wesley $400 $400 $400 1/12/2014 Life without Barriers – Vegetable garden $200 $200 $200 8/12/2014 Christmas Tree Festival $850 $850 $850 8/12/2014 Barngarla Stories $3500 $3500 $3500 23/12/2014 Academic Achiever Award $500 $500 $500 16/3/2015 Community Awareness Project – Magnets $400 $400 $400 31/3/2015 Port Augusta Masters Cricket - Shirts $400 $400 $400 31/3/2015 Million Paws Walk Banners $400 $400 $400 $22,777 $22,777 $21,979 Budget Allocation $35,000 BALANCE $13,021 Available REPORT FOR: Operations Committee MEETING DATE: 9 June 2015 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Sale Process – Netball Courts Railway Parade, Port Augusta FILE NAME: F10/622 RECORD NO: AR15/15283 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 1 1.3 We Thrive We use and manage our financial and physical resources in the best interests of our community, now and for the future. PURPOSE The purpose of this report is to provide Elected Members with various options in relation to the disposal process for the Netball land and to obtain a commitment from Council as to their preferred option. RECOMMENDATION Operations Committee recommends Council: 1. Approves commencing with the process outlined within Option 1, as detailed within this report, as follows: 1.1 Option 1 A maximum sale price be sought, via an open market sale process, for the land described within CT 5700/862, CT5467/396 and CT5823/693 and a selective tender Expression of Interest process is undertaken to engage a qualified Property Consultant/Real Estate Agent to facilitate the sale process. The selected Property Consultant/Real Estate Agent to provide Council with advice as to their recommended sale process based on market projections. 2. Supports notification being issued to the Port Augusta Netball Association giving three months notice for the termination of the lease, as per the lease agreement and issues a licence to occupy the site on a monthly basis, which will be withdrawn once the property is sold. BACKGROUND Council has been in negotiations with the Port Augusta Netball Association in relation to their relocation to the Central Oval Precinct as part of the sites redevelopment. Netball will commence the 2015 Season at the newly constructed Netball Courts within the Central Oval Precinct. 2 Currently Netball has a lease to occupy for the Railway Parade land from Council, however with their relocation to Central Oval this lease will be terminated. As per the lease agreement three months notice of termination of the lease is required and a letter to this effect will be forwarded once Council has made a decision in relation to the future of the land. It should also be noted that Knights of the Southern Cross have an arrangement with the Port Augusta Netball Association whereby they have access to the Netball Hall and hold their Bingo Nights every Monday. • The property comprises 17 allotments in 3 titles (CT5700/862, CT5467/396 and CT5823/693) and has been excluded from the classification as Community Land under the provisions of the Local Government Act 1999. • There is an easement register to Council against CT 5700/862 and CT5823/693 for effluent purposes, however Infrastructure Department have advised that although the easement is registered, it is unknown as to whether any actual infrastructure is in place within the easement area. DISCUSSION The relocation the Port Augusta Netball Association to the Central Oval precinct was an important component of the redevelopment of this precinct and Central Oval now supports Football, Basketball, Tennis and Netball, with further opportunities still being investigated in relation to the future use of the Old Basketball stadium by other community groups. Central Oval Precinct is also a community hub and will also support community events and functions. The financial strategy for the development of the new netball courts was based on, Council funding the construction of the new netball courts at an estimated cost of $800,000 and the profits from the sale of the Council Land on Railway Parade being used to retire, if possible, all of this debt. Subsequently, a valuation for the Railway Parade land has been sourced from a licensed independent valuer based on unimproved land value of the land. As indicated previously the land comprises 17 allotments as described within 3 Certificates of Title and the hall has been constructed, over four of the allotments, being Allotments 95, 96, 97 and 98 (refer attached site plan – Appendix A). If Council wished to retain the Hall for future community use, it would therefore be in Council’s best interest to retain Allotments 95, 96, 97 and 98 in their entirety, as no further sub-division costs would be applicable. That would then result in a total of 13 Allotments being available for sale, however it is noted that Allotment 105 could be further sub-divided by a developer which could achieve and additional 3-4 allotments. Considerations prior to Disposal of Land Clause 6.1 of the Disposal of Land and Assets Policy requires Council to consider a number of issues before proceeding with the sale of land or assets. The following information has been prepared for consideration by Elected Members, in relating to each of the issues required to be considered, as part of the decision making process: 3 1) Usefulness of the Land or Asset The Council land located on Railway Parade incorporates 12 bitumen netball courts plus a hall which also included a canteen and adjacent car parking facilities. With the construction of the new Netball Courts and the agreement of the Port Augusta Netball Association, to relocate netball to the Central Oval Precinct means that these netball courts are no longer required. The Hall constructed on the Railway Parade land is in good condition and is used on Monday evenings by Knights of the Southern Cross for bingo. The Netball Courts and Hall were constructed by Council in conjunction with the State Government, when Netball was relocated from State Government land, required for the TAFE SA expansion. The asset itself (hall), being in good condition, and could possibly be used by community groups, however this would result in another facility that Council would then be required to operate and maintain. As community groups are not generally charged by Council for their access to Council facilities, this would place a further financial burden on Council. The Knights of the Southern Cross, could operate their bingo nights within the function space at Central Oval to ensure that they can still provide this much needed fundraising opportunity that many community groups support. Depending on the type of development that occurs on this site, it may be that the Hall could be retained by a developer to be used as part of a development on site, however any such future use of the Hall would not be within the control of Council once the land is sold. 2) Current market value of the Land Council has engaged an independent licensed valuer to provide Council with an up to date unimproved site value for the entire area. The reason an unimproved site value was obtained, is that it is unknown if the Hall would be retained as part of any development proposal for the site. There are starting point had to be determined in relation to the value of the site, which would be reduced significantly if Council imposed caveats requiring the land or hall to be used for specific purposes. 3) Annual cost of Maintenance The Port Augusta Netball Association has been responsible for the ongoing maintenance and management of the Hall. However, when the facility is placed under Council’s ownership, if the building was to be retained, then costs of water, power, electricity, insurance, as well as ongoing maintenance costs would become Council’s responsibility. Annual maintenance costs for other similar Council facilities, such as the Quilters Guild and Garden Club are in the vicinity of $3,500, so therefore is could be estimated that to retain and maintain this Hall would cost Council up to approximately $5,000 per year. At this stage, no inspection has been undertaken to determine the life of the building as well as other infrastructure such as roofing, gutters, air conditioning and so on. 4) Any alternative future use of the Land The subject land comprises 17 allotments as described within three Certificates of Title. From a Council perspective there is no proposed Council program or activity that would require the use of this land. If sold, however the community may achieve a larger type development on the land, or alternatively the allotments could be sold individually for residential purposes. The land is zoned ‘residential’ within the Port Augusta Development Plan. 4 5) Any duplication of the Land or Asset or the service provided by the land or asset The new Netball Courts have been constructed at Central Oval and therefore the netball courts on the subject land are no longer required for this purpose. Council has buildings which are used by community groups, such as the Quilters Guild, Garden Club, Port Augusta Harness Racing Club, which are provided at minimal cost, and to take on the responsibility of another facility will place further financial burden on the Council. With the Old Basketball Stadium also becoming available, following the Port Augusta Basketball Association’s relocation to the new Central Oval complex, Council will be required to upgrading this facility for community use. Due to its location, this is the referred facility to be retained by Council. 6) Any impact the disposal of the land or asset may have on the community The sale of this land would have minimal impact on the community. The Port Augusta Netball Association has been relocated to the Central Oval precinct and has new offices, courts and access to the Central Oval Building, as required, through a booking process with the Venue Manager. As stated previously the Knights of the Southern Cross could also access Central Oval Community Space to hold their Monday night bingo sessions or alternatively they may wish to relocate to another site of their choice, such as the Parish Centre on Tassie Street, if that was available. 7) Any cultural or historical significance of the land There is no cultural or historical significance that relates to the subject land that needs to be taken into consideration. 8) The positive and negative impacts the disposal of the land or asset may have on the operations of the Council The positive impacts the disposal of the land will have on Council would mainly be around the ability to raise rate against the allotments, if sold individually. However, if the land was sold in its entirety, for aged accommodation for example, there may be rate rebate applicable under the Local Government Act 1999 that could apply, which may result in a decreased rate level against the land. 9) The long term financial plans and strategic direction of the Council The approved strategic direction, as outlined within Council’s Strategic Management Plan, for the Central Oval Precinct, was to redevelop this area to create a multi-use facility supporting as many sporting groups as possible and also includes general community spaces for the benefit of the whole community. The long term financial plans are predicated on planned expenditure and revenue outcomes over a 10 year period and the sale of the land would ensure that any debt incurred to construct the new Netball Courts is able to be retired, if at all possible, to ensure the Council’s ongoing financial sustainability. 10) The remaining useful life, particularly of the Asset The Hall is in good condition and could be used ongoing by the Community however as stated previously retaining the hall would place greater financial impost on the Council in relation to maintaining the facility. 11) The benefit and risk analysis of the proposed disposal Options have been included within this report outlining the benefit and risks associated with the approved disposal process. Refer Option 1 and Option 2 below. 5 12) The results of any community consultation process No specific consultation has been undertaken in relation to the actual sale of the Council land on Railway Parade, however general community consultation and specific consultation with relevant sporting associations in relation to relocation to the Central Oval Precinct has been undertaken since 2011. It has been widely accepted by the community that the relocation of Netball would take place as part of the Central Oval redevelopment. 13) Any restrictions of the proposed disposal There are no restrictions applicable to Council in relation to the sale of the Council land on Railway Parade. The land was excluded from the classification as Community Land, and there are no Trusts or Dedications that apply to the land. 14) The content of any community land management plan Not applicable as the land is not classified as community land. 15) Any other relevant policies of the Council including Internal Financial Controls and Prudential Management A report was prepared and submitted by the Director Corporate Services, Mr Michael Dunemann, to Council in February 2012 which provided a comprehensive overview of the proposed Central Oval Redevelopment project and addressed the prudential issue provisions outlined within Section 48(2) of the Local Government Act 1999. Council also has developed an Internal Financial Control policy 1.1.11 which provides guidelines in relation to the management of Council financial accounting practices. Consideration must now be given as to what outcome Council would prefer to achieve from the disposal of the Netball Land on Railway Parade. Is it a maximum sale price return or a social outcome. The latter would be likely to reduce the revenue that Council would achieve as part of the sale process? Moving forward, it is important that Council consider the various options in relation to the sale and/or development of the Council Land on Railway Parade. Two options have been provided for Elected Members consideration, and a decision in relation to which is the preferred option to proceed with, is now required. Option 1 – Maximum Sale Price To achieve a maximum sale price for the Netball Land, Council would need to undertake an open market sale process, which is in line with the provisions of Council’s Disposal of Land and Assets Policy 1.1.12. As outlined within the valuation, the market for vacant land for residential development over the last 3 years has resulted in only 22 sales. The market has slowed significantly since early 2010 with a huge reduction in levels of demand from both owner occupiers and investors. The valuer also adds that if all allotments of the subject land were offered to the market with individual Titles, it is expected that a sale period of around 4 years is likely. It may be in Council’s best interest, if an open market sale process is to be undertaken, to consider the disposal of the land in its entirety, rather than individual allotments. 6 Through engaging a Property Consultant/Real Estate Agent who also has experience in the sale of larger holdings, Council may be able to achieve disposal of the land in the short term, however this obviously will be subject to the market and advice from the Property Consultant/Real Estate Agent as to the preferred sale process, in their opinion, to achieve the best financial return for Council. If Option 1 is preferred, it is recommended that Council seeks Expression of Interest from Property Consultant/Real Estate Agents, both locally and from Adelaide, to enable them the submit a proposal to Council for the sale of the land, whether that be individually or as one large holding, and for them to provide advice to Council, based on their skills and experience, as to the process that should be undertaken for the sale of the land. Option 2 – Social Outcome If Council wishes to place caveats against the Titles requiring the land to be used for a specific purpose (eg Aged Accommodation), which may or may not include retaining the Hall for future use, the outcome of such a decision would more than likely result in a significant reduction in the price paid for the land. To achieve a social outcome for the community, negotiations would need to be undertaken with developers who would be required to submit an Expression of Interest outlining their proposal for the land. It is not unusual in such situations, for developers to seek support from Council to acquire the land at a reduced value to ensure the project is financially sustainable. If this Option is preferred any Expression of Interest would also require that an offer is made to Council in relation to the price for the land. This would then enable Council to consider the community benefit of the proposed development as well as the value that is offer for the land. Options Summary Based on the information provide above, a decision by Council is required as to which Option is supported: 1) Option 1 - a maximum sale price be sought, via an open market sale process, for the land described within CT 5700/862, CT5467/396 and CT5823/693 and a selective tender Expression of Interest process is undertaken to engage a qualified Property Consultant/Real Estate Agent to facilitate the sale process. The selected Property Consultant/Real Estate Agent to provide Council with advice as to their recommended sale process based on market projections. 2) Option 2 – an Expression of Interest be sought from interested developers to construct a development on the site, and to provide Council an overview of the proposed project including evidence of the benefits that such a development would provide the community of Port Augusta. The Expression of Interest would also include an offer for the land and project development timelines. The Port Augusta Netball Association also has a lease over the land at the Railway Parade site, and to enable the sale process of this land to proceed, it is recommended that a letter be issued to the Port Augusta Netball Association giving three months notice of the termination of the lease. As Netball Clubs are still using the site for training and storage of equipment, it is recommended that a licence to occupy the site be granted to the Port Augusta Netball Association on a monthly basis, on the basis that the land is to be vacated with one months notice, should the property sell. 7 CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget The cost of engaging a Property Consultant/Real Estate Agent to undertake a sale process would be deducted from the sale price achieve for the land, with the profit being used to retire debt, or as approved by Council. The financial and budget implications in relation to retaining the land or a portion of the land and the hall are outlined within the body of the report. 2: Legal/Policy Council has developed policies in relation to the Disposal of Land and Assets, Internal Financial Controls, Prudential Management for provide guidelines in relation to the process that will be adhered to in relation to the sale of land and the management of its financial resources. Council also has a Long Term Financial Plan that provides Council with a 10 year financial information based on it’s current and known future policies and strategies. 3: Environment/Planning The subject land is zoned ‘residential’ so therefore any future development would be required to meet the policies for residential land as outlined within the Port Augusta Development Plan. 4: Community 4.1 General The community have been aware that it was proposed to relocate netball back to the Central Oval Precinct to ensure multi-use facilities are achieved to assist the ongoing financial sustainability of the sporting groups located in this location. 4.2 OPAL Program Not applicable. Lee Heron 01/05/2015 APPENDIX A REPORT FOR: Operations Committee MEETING DATE: 11 May 2015 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Central Oval Precinct – Long Term Leases Port Augusta Netball Association, Port Augusta Basketball Association, and Spencer Gulf Football League FILE NAME: F15/428, F15/427 & F15/429 RECORD NO: AR15/16424 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 2 2.1 We Create Provide facilities and programs that support creativity and excellence in recreation, sport and the arts. PURPOSE The purpose of this report is to seek support from Council in relation to various leases and licences to be issued to groups within the Central Oval Complex. RECOMMENDATION Operations Committee recommends Council: 1. In accordance with Section 202 of the Local Government Act 1999, undertakes community consultation to provide an opportunity for the community to comment on the proposal to issue 21 year leases to Port Augusta Basketball Association, Port Augusta Netball Association and Spencer Gulf League, within the Central Oval Precinct. BACKGROUND The Port Augusta Basketball Association, Port Augusta Netball Association and Spencer Gulf League will all occupy an area within the redeveloped Central Oval Stadium and surrounds. The Central Oval Precinct is contained within Crown Record Volume 5421, Folio 328. The Central Oval Precinct is under Council’s care, control and management and dedicated for parkland purposes pursuant to the Crown Lands Act 1929 – Government Gazettal 13 February 1997. The land is also classified as community land under the provisions of Section 193 of the Local Government Act 1999. Consent must be granted for the issue of a lease over Crown Land by the Minister. Ongoing discussions and negotiations have been ongoing with the various groups in regarding to their relocation to or new location within the Central Oval precinct. This came as a result of the Central Oval Redevelopment becoming a realistic and achievable project. 2 The redevelopment of Central Oval was predicated on the Port Augusta Basketball Association relocating from the old Basketball Stadium to a new three court and office component within the Central Oval Complex. The Port Augusta Netball Association’s relocation from Railway Parade to occupy 11 newly constructed outdoor courts, three indoor courts and office within the Central Oval Precinct/Complex. The SGL has been provided a new League Room within the Central Oval Complex. DISCUSSION It is proposed that the occupation of the Port Augusta Basketball Association Inc, Port Augusta Netball Association Inc and Spencer Gulf Football League Inc within the newly redevelopment Central Oval Precinct be under a 21 year agreement for each entity. The proposed area that will pertain to each entity is as outlined on the attached site plans (refer Appendix A). As the land is classified as Community Land, Council must undertake a consultation process to provide the community with an opportunity to comment on a proposal to alienate the Community Land by a lease or licence. It is proposed that Council immediately commence the consultation process (refer Advert AR15/16441 – refer Appendix B). An application has been lodged with the Department of Environment, Water and Natural Resources, along with the $391 application fee, for approval to issue long term leases to the Port Augusta Tennis Association, Port Augusta South Football Club Inc, Port Augusta Basketball Association Inc, Port Augusta Netball Association Inc and Spencer Gulf Football League. CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget The financial return to Council for the use of the Central Oval Precinct by each group will be based on entry fees charged by Council through the Oval Authority. 2: Legal/Policy Section 202 of the Local Government Act 1999 outlines the provisions that must be adhered to in relation to granting leases or licences for a period greater than 5 years. Section 202(2) of the Local Government Act 1999 also provides that Council must undertake the relevant steps as outlined within its Public Consultation & Engagement Policy 1.1.08, to ensure the community has an opportunity to comment of the proposal. 3: Environment/Planning Not applicable. 4: Community 4.1 General Pursuant to Section 202(2) of the Local Government Act 1999, Council must undertake community consultation before granting a lease or licence relating to Community Land, which would exceed a term of 5 years does not apply. 3 4.2 Aboriginal Advisory Committee The Aboriginal Advisory Committee will be forwarded information in relation to the issue to ensure they are aware of their opportunity to comment on the proposal to issue 21 year leases within the Central Oval Complex. 4.3 OPAL Program The Port Augusta Netball Association Inc, Port Augusta Basketball Association Inc and Spencer Gulf Football League Inc supports the OPAL Program mandate of providing physical activities and lifestyles for members of the community. Lee Heron 06/05/2015 APPENDIX A 5 6 7 APPENDIX B Feedback Sought from Community Port Augusta City Council is proposing to enter into long term lease arrangements with the Port Augusta Netball Association Inc, Port Augusta Basketball Association Inc and Spencer Gulf Football League Inc in relation to areas within the newly developed Central Oval Complex/Precinct, as described within Allotment 501 Crown Record Volume 5421, Folio 328. As the land is classified as Community Land, under the provisions of Section 202 of the Local Government Act 1999, Council must before entering into a lease over land that is classified as Community Land, seek comment from the community. The Port Augusta Netball Association Inc, Port Augusta Basketball Association Inc and Spencer Gulf Football League Inc require to secure a long lease period over the portion of the Central Oval Complex/Precinct that they will occupy, as this security of tenure is required as part of all of the Clubs’ relocation from current/previous premises. Council at its meeting held on 25 May 2015, approved commencing a consultation process with the community, to enable comments to be received and considered by Council. Council seeks the views of the community in relation to granting the Port Augusta Netball Association Inc, Port Augusta Basketball Association Inc and Spencer Gulf Football League 21 year leases over the area of the Community Land as described within Crown Record 5421/328 (Central Oval Precinct) that relates to each individual club, and written submissions should be forwarded to Council by 4pm on Tuesday 30 June 2015, addressed to Mrs L Heron, Director – City & Cultural Services, Port Augusta City Council, PO Box 1704, Port Augusta SA 5700. For further information please call 86419100. Please note that details of all submissions will be included within a public agenda to Council for consideration. John Banks Chief Executive Officer The Transcontinental Edition – Wednesday 3 June 2015 AR15/16441