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City of hobart

 

 

 

 

AGENDA

Governance Committee Meeting

 

Open Portion

 

Tuesday, 30 January 2018

 

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)

Governance Committee Meeting

Page 3

 

30/1/2018

 

 

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. 4

5.        Transfer of Agenda Items. 5

6          Reports. 6

6.1     Questions On Notice - Procedures. 6

6.2     Councillor Expenses - Issues Paper 10

6.3     Appointment of Acting General Manager 43

6.4     Hobart City Deal   Heads of Agreement 47

7          Committee Action Status Report. 54

7.1     Status Report 54

8.        Questions Without Notice. 65

9.        Closed Portion Of The Meeting.. 66

 


 

Agenda (Open Portion)

Governance Committee Meeting

Page 4

 

30/1/2018

 

 

Governance Committee Meeting (Open Portion) held Tuesday, 30 January 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Ruzicka (Chairman)

Deputy Lord Mayor Christie

Cocker

Thomas

Reynolds

 

ALDERMEN

Lord Mayor Hickey

Zucco

Briscoe

Sexton

Burnet

Denison

Harvey

Apologies: Nil.

 

 

Leave of Absence: Nil.

 

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 Governance Committee meeting held on Tuesday, 28 November 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)

Governance Committee Meeting

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6        Reports

 

6.1    Questions On Notice - Procedures

          File Ref: F18/5306

Report of the General Manager of 24 January 2018.

Delegation:     Council


Item No. 6.1

Agenda (Open Portion)

Governance Committee Meeting

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30/1/2018

 

 

REPORT TITLE:                  Questions On Notice - Procedures

REPORT PROVIDED BY:  General Manager

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to seek the Committee’s endorsement of a framework for dealing with Questions on Notice.

2.         Report Summary

2.1.     The lodgement of Questions on Notice is provided for under r 30 of the Local Government (Meeting Procedures) Regulations 2015 (“the Regulations”).

2.2.     The legislation is silent in terms of the practicalities of dealing with such questions, and therefore a framework providing consistency would be beneficial.

2.3.     The Council may determine any procedures relating to meetings as it considers appropriate under r 37 of the Regulations.

2.4.     The Council has adopted procedures for dealing with Questions Without Notice which are provided for at Council committee meetings. 

2.5.     It therefore makes sense to use these procedures as the basis for dealing with Questions on Notice by applying those rules which are relevant to this forum.

3.         Recommendation

That:

1.      The Council endorse the following parameters in defining the nature of a Question on Notice:

(i)      Where a Question on Notice may be submitted under r 30 of the Local Government (Meeting Procedures) Regulations 2015, the definition of the term “question” is the same as that adopted by the Council at its meeting on 4 December 2017, in respect to Questions Without Notice, ie:

 

“The purpose of a question on notice is to obtain information of a factual nature which requires minimal research or investigation.  Any matter which requires detailed research, investigation, interpretation, and analysis and/or officer advice for Council’s consideration, should be dealt with by a Notice of Motion, and will not be accepted by the General Manager as a question on notice.

2.      The following framework for dealing with Questions on Notice lodged under r 30 of the Local Government (Meeting Procedures) Regulations 2015, be adopted:

(i)      Questions are to be lodged with the General Manager at least seven clear days prior to an ordinary meeting of the Council or a Council committee, as provided under r 30 (1) of the Local Government (Meeting Procedures) Regulations 2015.

(ii)     Questions which relate to another item which is listed on the same agenda of a Council or Council committee meeting will not be accepted by the General Manager.

(iii)    The General Manager will refuse to accept a question on notice for a Council committee if the subject matter does not relate to the Terms of Reference of the committee.

(iv)    In placing a question on the relevant agenda, the General Manager is to determine whether the subject matter necessitates placement on either the open or closed portion of the meeting, in consideration of r 15 of the Local Government (Meeting Procedures) Regulations 2015.

(v)     The General Manager may refuse a request to place a question on an agenda if it has been previously asked, is unclear, defamatory or improper, in which case the Alderman submitting the question will be notified accordingly.

(vi)    Where it has not been possible to prepare a response to a question for inclusion on the relevant agenda, the General Manager will note this accordingly on the agenda and provide advice as to the timing of the response.

(vii)   The chairman of a meeting must not permit any debate of a question on notice, or its response, and accordingly the only motion which may be accepted is that the information be received and noted.

 


 

4.         Background

4.1.     Aldermen may submit Questions on Notice under r 30 of the Local Government (Meeting Procedures) Regulations 2015.

4.2.     Whilst this has been a longstanding provision within the legislation, it has rarely been used by Aldermen of this Council.

5.         Proposal and Implementation

5.1.     It is prudent for the Council to consider its preferred approach in dealing with Questions on Notice, going forward, and accordingly, a framework has been recommended, utilising the common themes applying to Questions Without Notice, including the definition of a question, absence of debate, and capacity to reject in certain circumstances.

6.         Financial Implications

6.1.     Funding Source and Impact on Current Year Operating Result

6.1.1.     There are no financial implications arising from this report.

7.         Legal, Risk and Legislative Considerations

7.1.     Legislative considerations have been addressed.

8.         Delegation

8.1.     This matter is reserved to the Council.

 

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.

 

Nick heath

N.D Heath

General Manager

 

 

Date:                            24 January 2018

File Reference:          F18/5306

 

 

 


Item No. 6.2

Agenda (Open Portion)

Governance Committee Meeting

Page 10

 

30/1/2018

 

 

6.2    Councillor Expenses - Issues Paper

          File Ref: F18/5860

Memorandum of the General Manager of 25 January 2018 and attachments.

Delegation:     Council


Item No. 6.2

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Governance Committee Meeting

Page 11

 

30/1/2018

 

 

 

 

Memorandum: Governance Committee

 

Councillor Expenses - Issues Paper

 

Introduction
The purpose of this memorandum is to request the Council’s consideration that it provide a submission to the Board of Inquiry’s review of allowances paid to Local Government Councillors.

 

Background
The Minister for Planning and Local Government, the Hon. Peter Gutwein MP, has appointed a Board of Inquiry to review allowances payable to Local Government Councillors.

 

The Terms of Reference for the review are:

 

          The statutory roles of the respective mayor, deputy mayor and councillor;

 

The appropriateness of setting allowances by council type/size given the need to ensure good governance while balancing councils’ financial sustainability and the interests of ratepayers;

 

Any significant changes to the role or functions of local government since the last review;

 

The method of indexing allowances each year;

 

Whether an additional allowance should be made available to councillors who undertake training in governance relevant to local government or who have recognised experience in governance relevant to local government;

 

The capacity of local government to attract potential future candidates; and

 

Any other factors considered relevant.

 

In addition the Board is to have regard to the range of allowances it will recommend being effective for a period of four years.

 

The members of the Board are, Mr David Barclay (President) and Ms Neroli Ellis (Deputy President), who are both full-time members of the Tasmanian Industrial Commission.

 

An Issues Paper (attachment A) has been produced to raise the key issues and provide background information which will be at the forefront of the Board’s consideration.  It provides some guidance to individuals and organisations contemplating making a submission.  It is not intended to be exhaustive of the issues which may form part of the Board’s consideration.

 

Written submissions close on 16 February 2018.

 

The Board also intends to hold public hearings to hear first-hand from those individuals and organisations who wish to make an oral presentation, or supplement a written submission.  Subject to demand the tribunal will sit in convenient locations around the state.  This will include as a minimum the North West Coast, Launceston and Hobart.

 

The public hearings will take place in the week 19 – 23 February 2018.  To facilitate sitting arrangements individuals or organisations intending to make an oral representation should contact the Secretariat no later than 15 February 2018.

 

The report is to be provided by 2 April 2018.

 

Proposal

In order to facilitate consideration of the matters raised in the Issues Paper, a discussion paper (attachment B) has been prepared by Council officers.

 

The discussion paper raises five points, namely:

 

          Determination of allowances;

 

Is the current allowance reasonable considering there is no direct reference to workload in the formula?

 

Is an allowance (fee) a proper mechanism for recognising councillor service?

 

Is it more appropriate that councillors be remunerated through a salary and paid superannuation consistent with the Superannuation Guarantee (Administration) Act 1992?

 

Governance training and experience allowance.

 

In addition to the officer discussion paper, a comparison of allowances paid to other capital city elected members is also provided for the information of Aldermen. (attachment C).

 

REcommendation

That:

1.      That the Council provide a submission in response to the Board of Inquiry’s review of allowances paid to Local Government Councillors based on the concepts raised in the officer discussion paper found at attachment B.

2.      In the event the Council wishes to provide an oral submission to the Board of Inquiry, nominations be sought from interested Aldermen.

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:                            25 January 2018

File Reference:          F18/5860

 

 

Attachment a:             Issues Paper

Attachment b:             Discussion Paper

Attachment c:            Capital City Allowances   


Item No. 6.2

Agenda (Open Portion)

Governance Committee Meeting - 30/1/2018

Page 14

ATTACHMENT a

 

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Item No. 6.2

Agenda (Open Portion)

Governance Committee Meeting - 30/1/2018

Page 34

ATTACHMENT b

 

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Item No. 6.2

Agenda (Open Portion)

Governance Committee Meeting - 30/1/2018

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ATTACHMENT c

 

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Item No. 6.3

Agenda (Open Portion)

Governance Committee Meeting

Page 44

 

30/1/2018

 

 

6.3    Appointment of Acting General Manager

          File Ref: F18/6308; S11-002-01

Report of the General Manager of 25 January 2018.

Delegation:     Council


Item No. 6.3

Agenda (Open Portion)

Governance Committee Meeting

Page 45

 

30/1/2018

 

 

REPORT TITLE:                  Appointment of Acting General Manager

REPORT PROVIDED BY:  General Manager

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to seek the Council’s appointment of the Deputy General Manager as Acting General Manager for periods of time when the General Manager is absent.

2.         Report Summary

2.1.     The Local Government Act 1993 was amended in late 2017 such that the method to appoint a person to act in the office of the General Manager was changed.

2.2.     The changes allow the Council to appoint a person to act in the office of the General Manager during every absence of the General Manager.

2.3.     It is proposed that the Deputy General Manager be so appointed for a term of five years.

3.         Recommendation

That:

1.      The Deputy General Manager be appointed to act in the office of the General Manager during every absence of the General Manager for a term of five years pursuant to s61B(4) of the Local Government Act 1993.

 


 

4.         Background

4.1.     The Local Government (Targeted Review) Act 2017 inserted a new section 61B into the Local Government Act 1993 which deals with the appointment of an Acting General Manager.

4.2.     Basically, the new section 61B clarifies the circumstances when the General Manager is absent and provides the Lord Mayor with authority to appoint an Acting General Manager if the Council has not already done so.

4.3.     Section 61B(4) provides the Council with the authority to appoint a person to act in the office of general manager during every absence of the general manager.  This provision essentially reflects the Council’s current practice of having a standing delegation to the General Manager to appoint a member of the Council’s Executive Leadership Team as Acting General Manager.

4.4.     Given the change to the legislation it is necessary for the Council to appoint a person to act as General Manager in periods when the General Manager is absent.

4.5.     To that end, it is proposed that the Council appoint the Deputy General Manager to act in the office of General Manager during every absence of the General Manager.

4.6.     The appointment can be for a term not exceeding five years.

4.7.     If the Deputy General Manager was absent in addition to the General Manager then the Lord Mayor would have the ability to appoint a person to act in the office.

5.         Proposal and Implementation

5.1.     It is proposed that the Deputy General Manager be appointed to act in the office of the General Manager during every absence of the General Manager for a term of five years pursuant to s61B(4) of the Local Government Act 1993.

6.         Legal, Risk and Legislative Considerations

6.1.     These have been addressed in the body of this report.

7.         Delegation

7.1.     This matter requires the consideration of the Council.

 

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:                            25 January 2018

File Reference:          F18/6308; S11-002-01

 

 

 


Item No. 6.4

Agenda (Open Portion)

Governance Committee Meeting

Page 48

 

30/1/2018

 

 

6.4    Hobart City Deal
Heads of Agreement

          File Ref: F18/6646

Memorandum of the General Manager of 25 January 2018 and attachment.

Delegation:     Council


Item No. 6.4

Agenda (Open Portion)

Governance Committee Meeting

Page 49

 

30/1/2018

 

 

 

 

Memorandum: Governance Committee

 

Hobart City Deal
Heads of Agreement

 

Introduction
The purpose of this memorandum is to present the Hobart City Deal Heads of Agreement to the Council.

 

Background
On 16 January 2018, the Prime Minister and Premier signed a Heads of Agreement for a Hobart City Deal.

 

Further to the existing Memorandum of Understanding which was signed on 29 September 2016 between the Commonwealth of Australia and the State of Tasmania, the Heads of Agreement provides an undertaking by the Commonwealth and Tasmanian Governments to work together to progress a Hobart City Deal consistent with the objectives and initiatives identified in the agreement.

 

The existing Memorandum of Understanding between the Commonwealth of Australia and the State of Tasmania refers to six domains to inform the development of City Deals.   These are:

 

·    Governance, city planning and regulation;

·    Infrastructure and investment;

·    Housing;

·    Jobs and skills;

·    Innovation and digital opportunities; and

·    Liveability and sustainability

 

Consistent with the above vision, objectives and with consideration of the key domains, it is agreed to work collaboratively and cooperatively to progress a City Deal for Hobart to:

 

·    Examine opportunities to facilitate an Antarctic Precinct at Macquarie Point to harness the unique opportunities presented at the site (Innovation and digital opportunities; Infrastructure and investment);

·    Create a Greater Hobart Transport Vision to guide a coordinated approach to transport planning including assessing the feasibility of future public transport options such as busways, light rail or ferries.   This will also include considering ways to support future use of the northern suburbs rail corridor through improved amenity and greater residential options (Liveability and sustainability; Housing);

·    Establish a Greater Hobart Act, to provide a strategic framework for local councils in the region and the State Government to work together to implement the objectives of the Hobart City Deal and complementary strategic land use planning outcomes (Governance, city planning and regulation);

·    Examine options to facilitate the development of the University of Tasmania’s STEM presence in the city, to support both regional and international education, and innovation and growth (Jobs and skills; Innovation and digital opportunities); and

·    Explore options to support affordable housing in the Greater Hobart region (Housing; Liveability and sustainability).

 

In addition to these key focus areas, other projects that are consistent with the vision and objectives may also be agreed during the development of the Hobart City Deal.

 

The Heads of Agreement states that Councils will be invited to participate in developing and implement a Hobart City Deal.

 

It is important to note that the City of Hobart has already undertaken some work around a number of the projects listed in the Heads of Agreement, including:

 

·    The completion of the Glenorchy to Hobart Public Transport Corridor Study jointly with the Glenorchy City Council which looked at the potential activation of the public transit corridor as the catalyst for broader city shaping and urban renewal activity and the engagement of a consultant to progress the Public Transit Corridor Project with both councils having committed approximately $100,000 each;

·    The City of Hobart convened a stakeholder forum to discuss a Derwent River ferry service;

·    Support for the establishment a Greater Hobart Act (reference - Council meeting held on 5 June 2017);

·    Council endorsement of STEM as the basis of a City Deal for Hobart; and

·    Development of a City of Hobart Affordable Housing and Homeless Strategy, contract of sale with the State Government for the land in Goulburn Street for an affordable housing development as well as currently preparing to host an affordable housing roundtable.

 

It is proposed that in the initial stages of the development of the Hobart City Deal the General Manager participate in officer discussions on the formation of a City Deal for Hobart with regular reports on progress to be provided to the Council.

 

At this stage the only budgetary impact is as a result of officer time.

 

REcommendation

That:

1.      The Heads of Agreement for a Hobart City Deal be noted.

2.      The General Manager be authorised to:

(i)      participate in officer discussions on the formation of a City Deal for Hobart, including the scoping of a Greater Hobart Act; and

(ii)     provide regular reports to the Council on these matters, including the implications on Council resources and priorities.

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:                            25 January 2018

File Reference:          F18/6646

 

 

Attachment a:             Hobart City Deal - Heads of Agreement   


Item No. 6.4

Agenda (Open Portion)

Governance Committee Meeting - 30/1/2018

Page 52

ATTACHMENT a

 

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Item No. 7.1

Agenda (Open Portion)

Governance Committee Meeting

Page 55

 

30/1/2018

 

 

7        Committee Action Status Report

 

7.1      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)

Governance Committee Meeting - 30/1/2018

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ATTACHMENT a

 

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8.       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)

Governance Committee Meeting

Page 68

 

30/1/2018

 

 

9.       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          Committee Action Status Report

Item No. 4.1       Committee Actions - Status Report

LG(MP)R 15(2)e(i)

Item No. 5          Questions Without Notice