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City of hobart

 

 

 

 

AGENDA

Finance Committee Meeting

 

Open Portion

 

Tuesday, 15 August 2017

 

at 5.00 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

Our mission is to ensure good governance of our capital City.

THE VALUES

The Council is:

 

about people

We value people – our community, our customers and colleagues.

professional

We take pride in our work.

enterprising

We look for ways to create value.

responsive

We’re accessible and focused on service.

inclusive

We respect diversity in people and ideas.

making a difference

We recognise that everything we do shapes Hobart’s future.

 

 


 

Agenda (Open Portion)

Finance Committee Meeting

Page 3

 

15/8/2017

 

 

ORDER OF BUSINESS

 

Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Co-Option of a Committee Member in the event of a vacancy  4

2.        Confirmation of Minutes. 4

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 5

5.        Transfer of Agenda Items. 5

6          Reports. 6

6.1     Grants and Benefits Listing as at 30 June 2017. 6

7          Committee Action Status Report. 19

7.1     Committee Actions - Status Report 19

8.        Responses to Questions Without Notice. 29

8.1     Responsibility for Recording Aldermanic Expenses?. 30

9.        Questions Without Notice. 33

10.     Closed Portion Of The Meeting.. 34

 


 

Agenda (Open Portion)

Finance Committee Meeting

Page 4

 

15/8/2017

 

 

Finance Committee Meeting (Open Portion) held Tuesday, 15 August 2017 at 5.00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Thomas (Chairman)

Deputy Lord Mayor Christie

Zucco

Ruzicka

Sexton

 

 

ALDERMEN

Lord Mayor Hickey

Briscoe

Burnet

Cocker

Reynolds

Denison

Harvey

Apologies: Nil

 

 

Leave of Absence:

Alderman Briscoe

Alderman Cocker

Alderman Denison

Alderman Harvey

Lord Mayor Hickey

 

1.       Co-Option of a Committee Member in the event of a vacancy

 

 

 

 

2.       Confirmation of Minutes

 

The minutes of the Open Portion of the Finance Committee meeting held on Tuesday, 18 July 2017, are submitted for confirming as an accurate record.

 

 

 

 

 

3.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

 

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

 

 

4.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Aldermen are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

 

 

 

 

 

5.       Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

 

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

 

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

 

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

 


Item No. 6.1

Agenda (Open Portion)

Finance Committee Meeting

Page 6

 

15/8/2017

 

 

6        Reports

 

6.1    Grants and Benefits Listing as at 30 June 2017

          File Ref: F17/92523; 25-2-1

Report of the Acting Director Financial Services and the Director Financial Services of 10 August 2017 and attachments.

Delegation:     Committee


Item No. 6.1

Agenda (Open Portion)

Finance Committee Meeting

Page 7

 

15/8/2017

 

 

REPORT TITLE:                  Grants and Benefits Listing as at 30 June 2017

REPORT PROVIDED BY:  Acting Director Financial Services

Director Financial Services

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to provide a listing of the grants and benefits provided by the Council for the period 1 July 2016 to 30 June 2017.

2.         Report Summary

2.1.     At its meeting on 12 February 2015, the then Parks and Customer Services Committee requested that a quarterly report be provided for the information of the then Finance and Corporate Services Committee outlining all grants and benefits provided by Council Committees and Council.

2.2.     A report is attached being for the period 1 July 2016 to 30 June 2017.

2.3.     It is proposed that the Committee note the listing of grants and benefits provided for the period 1 July 2016 to 30 June 2017 and that these are required, pursuant to Section 77 of the Local Government Act 1993 (LG Act), to be included in the annual report of Council.  

3.         Recommendation

That the Finance Committee receive and note the information contained in the report titled Grants and Benefits Listing as at 30 June 2017.

 

4.         Background

4.1.     At its meeting on 12 February 2015, the then Parks and Customer Services Committee resolved that:

4.1.1.     A quarterly report be provided for the information of the [then] Finance and Corporate Services Committee outlining all grants and benefits approved by Council Committees and Council.

4.2.     At its meeting on 19 May 2015 the Finance Committee resolved that:

4.2.1.     Details of all grants and benefits provided under Section 77 of the Local Government Act 1993 be listed on the City of Hobart’s website.

4.3.     A report outlining the grants and benefits provided for the period 1 July 2016 to 30 June 2017 is attached – refer Attachment A.

4.4.     Pursuant to Section 77 of the LG Act, the details of any grant made or benefit provided will be included in the annual report of the Council.

4.5.     The listing of grants and benefits shown at Attachment A, has been prepared in accordance with Council Policy Grants and Benefits Disclosure – refer Attachment B.

5.         Proposal and Implementation

5.1.     It is proposed that the Committee note the grants and benefits listing as at 30 June 2017.

5.2.     It is also proposed that the Committee note that the grants and benefits listed are required to be included in the annual report of the Council and will be listed on the City of Hobart’s website.

6.         Strategic Planning and Policy Considerations

6.1.     Grants and benefits are provided to organisations which undertake activities and programs that strongly align with the Council’s Strategic Framework – Hobart 2025, the City of Hobart Capital City Strategic Plan 2015-2025 as well as other relevant City of Hobart strategies.

6.2.     The linkage between the City’s grants and benefits provided and the City of Hobart Capital City Strategic Plan 2015-2025 is referenced in Attachment A.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     All grants and benefits provided as at 30 June 2017 were funded from the 2016/17 budget estimates.

8.         Legal, Risk and Legislative Considerations

8.1.     The Council provides grants and benefits within the requirements of Section 77 of the LG Act as follows:

8.1.1.     Grants and benefits

8.1.2.    (1)     A council may make a grant or provide a pecuniary benefit or a non-pecuniary benefit that is not a legal entitlement to any person, other than a councillor, for any purpose it considers appropriate.

(1A) A benefit provided under subsection (1) may include –
(a)     in-kind assistance; and
(b)     fully or partially reduced fees, rates or charges; and
(c)     remission of rates or charges under Part 9 (rates and
        charges)

8.1.3.    (2)     The details of any grant made or benefit provided are to be included in the annual report of the council.

8.2.     Section 72 of the LG Act requires Council to produce an Annual Report with Section 77 of the LG Act providing an additional requirement where individual particulars of each grant or benefit given by the Council must be recorded in the Annual Report.

8.3.     Section 207 of the LG Act provides for the remitting of all or part of any fee or charge paid or payable.

8.4.     Section 129 of the LG Act provides for the remitting of rates.

9.         Delegation

9.1.     This report is provided to the Finance Committee for information.

 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Lara MacDonell

Lara MacDonell

Acting Director Financial Services

David Spinks

David Spinks

Director Financial Services

 

Date:                            10 August 2017

File Reference:          F17/92523; 25-2-1

 

 

Attachment a:             Council Policy - Grants and Benefits Disclosure

Attachment b:             Grants and Benefits Listing as at 30 June 2017   


Item No. 6.1

Agenda (Open Portion)

Finance Committee Meeting - 15/8/2017

Page 10

ATTACHMENT a

 

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Item No. 6.1

Agenda (Open Portion)

Finance Committee Meeting - 15/8/2017

Page 16

ATTACHMENT b

 

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Item No. 7.1

Agenda (Open Portion)

Finance Committee Meeting

Page 19

 

15/8/2017

 

 

7        Committee Action Status Report

 

7.1      Committee Actions - Status Report

 

A report indicating the status of current decisions is attached for the information of Aldermen.

REcommendation

That the information be received and noted.

Delegation:      Committee

 

 

Attachment a:             Status Report    


Item No. 7.1

Agenda (Open Portion)

Finance Committee Meeting - 15/8/2017

Page 20

ATTACHMENT a

 

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Item No. 8.1

Agenda (Open Portion)

Finance Committee Meeting

Page 30

 

15/8/2017

 

 

8.       Responses to Questions Without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

 

The General Manager reports:-

 

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

 

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

 

 

 

 

8.1    Responsibility for Recording Aldermanic Expenses?

          File Ref: F17/92025; 13-1-10

Report of the General Manager of 15 August 2017.

 

Delegation:      Committee

 

That the information be received and noted.

 

 

 


Item No. 8.1

Agenda (Open Portion)

Finance Committee Meeting

Page 31

 

15/8/2017

 

 

 

Memorandum:          Lord Mayor

Deputy Lord Mayor

Aldermen

 

Addendum to Response to Question Without Notice

 

Responsibility for Recording Aldermanic Expenses?

 

Meeting: Finance Committee

 

Meeting date: 18 July 2017

 

Raised by: Deputy Lord Mayor Christie

 

Question:

Should it be the responsibility, of the Chairman for Finance, the Audit Committee or the General Manager, for recording Aldermanic expenses including travel and the maintenance of the gift register?

If the answer is no, who’s responsibility is it, and how can we assure that all future recordings of Aldermanic expenses are maintained and listed on the Council public website on a regular basis?

 

 

Response:

 

In response to the Deputy Lord Mayor’s question, I provide the following:

In accordance with section 62 of the Local Government Act 1993, the General Manager’s functions include the implementation of policies, plans and programs of the council; implementation of the decisions of the council and responsibility for the day-to-day operations and affairs of the council.

 

In relation to the publication of Aldermanic allowances and entitlements, the Council resolved inter alia at its 13 April 2015 meeting, as follows:

1.   The Council endorse the public reporting of Aldermanic information pertaining to Aldermanic allowance, entitlements and expenses, utilising the reporting format shown as Attachment A to supplementary item 13 of the Open Governance Committee agenda of 31 March 2015.

2.   The information be made publically available on a monthly basis on the Hobart City Council’s website.

 

3.   Information to be published on the Council’s website be distributed to Aldermen in advance to allow sufficient time for any queries to be resolved.

As the publication of Aldermanic expenses on the public website was a Council decision, in accordance with section 62 of the Local Government Act 1993, it is the responsibility of the General Manager.

 

It is regrettable that for a short period of time in 2017 Aldermanic expenses were running three months behind. In a period of significantly reduced staffing resources work was prioritised and the decision was made to ensure that the statutory requirements of the Council were met.  As a result of this decision to prioritise Council and Committee meetings and associated tasks, the expenses were not published on the Council’s website.

 

I can advise Aldermen that we have a full complement of staff within the Council Support Unit and that information relating to Aldermanic expenses on the Council website is now up to date.

 

Nothing in the foregoing affects or changes the right at any time for the Chairman of the Finance Committee or the Risk and Audit Panel or an individual Alderman to enquire into the operations of the Council.

 

In relation to the maintenance of the gifts register, the Council’s adopted Code of Conduct states that it is the responsibility of individual Aldermen to ensure that any gifts or benefits accepted are recorded in the gifts register.  In practice this occurs by the Alderman advising the General Manager or the Council Support Unit who would then ensure it is recorded in the gifts register.

 

It is the Alderman’s responsibility to ensure that the gift or benefit is disclosed but the administration of the organisation has the responsibility to maintain a register and make it publically available on the City’s website.

 

The only exception to this practice is with respect to gifts or benefits provided to Aldermen as part of a sponsorship (e.g. Dark Mofo or AFL football) which are coordinated through the Council Support Unit.  These will be recorded in the gifts register administratively.

 

There is no legislated timeframe for recording the gifts and benefits received, nor is there any specific role for the General Manager or Audit Panel in the event that an Alderman fails to record a gift or benefit in the gifts register.  As the obligation to record a gift or benefit in the gifts register is an obligation contained in the Code of Conduct, failure to ensure that this occurs could be considered a breach of the Code of Conduct.

 

 

 

 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

N.D Heath

General Manager

 

 

Date:                            10 August 2017

File Reference:          F17/92025; 13-1-10

 

 

   


 

Agenda (Open Portion)

Finance Committee Meeting

Page 34

 

15/8/2017

 

 

9.       Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

An Alderman may ask a question without notice of the Chairman, another Alderman, the General Manager or the General Manager’s representative, in line with the following procedures:

1.         The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2.         In putting a question without notice, an Alderman must not:

(i)    offer an argument or opinion; or

(ii)   draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3.         The Chairman must not permit any debate of a question without notice or its answer.

4.         The Chairman, Aldermen, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5.         The Chairman may require a question to be put in writing.

6.         Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7.         Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i)    the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii)   a written response will be provided to all Aldermen, at the appropriate time.

(iii)  upon the answer to the question being circulated to Aldermen, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

 


 

Agenda (Open Portion)

Finance Committee Meeting

Page 35

 

15/8/2017

 

 

10.     Closed Portion Of The Meeting

 

The following items were discussed: -

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Reports

Item No. 4.1       Outstanding Rates as at 30 June 2017

LG(MP)R 15(2)(g)

Item No. 4.2       Level 5 Council Centre - Proposed Lease

LG(MP)R 15(2)(f)

Item No. 4.3       Lease - 3 Morrison Street, Hobart

LG(MP)R 15(2)(f)

Item No. 4.4       Goulburn Street Car Park - Lease

LG(MP)R 15(2)(f)

Item No. 4.5       Kemp Street New Amenities Project
Contract Variation

LG(MP)R 15(2)(d)

Item No. 5          Committee Action Status Report

Item No. 5.1       Committee Actions - Status Report

LG(MP)R 15(2)(c)(iii) and  (f)

Item No. 6          Questions Without Notice