HCC Coat of Arms.jpg
City of hobart

 

 

 

 

AGENDA

Finance and Governance Committee Meeting

 

Open Portion

 

Tuesday, 15 May 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)

Finance and Governance Committee Meeting

Page 3

 

15/5/2018

 

 

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  5

2.        Confirmation of Minutes. 5

3.        Consideration of Supplementary Items. 5

4.        Indications of Pecuniary and Conflicts of Interest. 5

5.        Transfer of Agenda Items. 6

6          Reports. 7

FINANCE

6.1     Outstanding Parking Debt December 31, 2017. 7

6.2     Occupancy Rates - Multi-Storey Car Parks. 15

6.3     Grants and Benefits Listing as at 31 March 2018. 25

6.4     2018/19 Fees and Charges - Financial Services. 38

6.5     2018-19 Fees and Charges - Parking Operations. 45

6.6     Financial Report as at 31 March 2018. 59

6.7     City of Hobart Rates and Charges Policy Amendment - Landfill Rehabilitation Service Charge. 91

6.8     Lease 12 Selfs Point Road. 116

GOVERNANCE

6.9     Local Government (General) Regulations 2015. 153

6.10  TasWater Update. 169

6.11  2017-18 Annual Plan - Progress Report  Period Ending 28 February 2018  180

6.12  Draft Vision Document - Hobart: A Community Vision for our Island Capital 222

6.13  Draft Public Spaces By-law. 261

6.14  Draft Parking By-law. 349

7          Committee Action Status Report. 387

7.1     Committee Actions - Status Report 387

8.        Questions Without Notice. 399

9.        Closed Portion Of The Meeting.. 400

 


 

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 5

 

15/5/2018

 

 

Finance and Governance Committee Meeting (Open Portion) held Tuesday, 15 May 2018 at 5.00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Ruzicka (Chairman)

Thomas (Chairman)

Lord Mayor Christie

Zucco

Deputy Lord Mayor Sexton

Cocker

Reynolds

 

ALDERMEN

Briscoe

Burnet

Denison

Harvey

Apologies:

 

 

Leave of Absence:

Alderman E R Ruzicka

 

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 and Governance Committee meeting held on Tuesday, 17 April 2018, 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 and Governance Committee Meeting

Page 7

 

15/5/2018

 

 

6        Reports

 

Finance

 

6.1    Outstanding Parking Debt December 31, 2017

          File Ref: F18/26953; 16/121

Report of the Group Manager Parking Operations of 9 May 2018 and attachments.

Delegation:     Committee


Item No. 6.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 8

 

15/5/2018

 

 

REPORT TITLE:                  Outstanding Parking Debt December 31, 2017

REPORT PROVIDED BY:  Group Manager Parking Operations

Director Financial Services

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to provide the Finance and Governance Committee with a progress report relation to the current quantum of outstanding parking debt as at 31 December 2017.

2.         Report Summary

2.1.     Section 3 of the Council policy, Outstanding Debts – Collecting, Reporting and Writing Off, provides that a report be submitted to the Finance Committee as at 30 June each year, recommending that all ‘No Further Action’ debts that have aged in excess of two (2) years be written off.

2.2.     There are 1,795 ‘No Further Action’ fines valued at $110,465.10 issued prior to 1 January 2016 that have been deemed non-collectable.

2.2.1.     In accordance with the policy, approval is sought to write these debts off.

3.         Recommendation

That in accordance with the Council policy, Outstanding Debts – Collecting, Reporting and Writing Off, approval be given to write off a total of 1,795 unpaid parking meter and traffic fines, valued at $110,465.10 which are over two years old, have a status of ‘No Further Action’, and have been deemed ‘non-collectable’.  

 


 

4.         Background

4.1.     Section 3 of the Council policy, Outstanding Debts – Collecting, Reporting and Writing Off provides that:

4.1.1.     A report be submitted to the Finance Committee as at 30 June each year, recommending that all ‘No Further Action’ debts that have aged in excess of two (2) years be written off and include:

(i)        The quantum (number and value) of the unpaid “no further action” infringements; and

(ii)       A brief summary of the actions undertaken to collect the infringements.

4.1.2.     A report be submitted to the Finance Committee as at the end of December of each year detailing the total value of all fines outstanding at that time.

5.         Proposal and Implementation

5.1.     Outstanding parking debt falls into three categories:

5.1.1.     Infringements payable directly to the City of Hobart;

5.1.2.     Matters referred to the Director, Monetary Penalties Enforcement Service (MPES) for collection since establishment in 2008; and

5.1.3.     Fines imposed by the Magistrates Court prior to 2008.

5.2.     The total combined debt outstanding to the City is $7,646,256.74.

5.3.     The value of all infringements directly payable to the City as at 31 December 2017 is $1,993,978.19. This includes infringements that have been issued within the last 6 months that are currently going through the final notice stage or being pursued by Tasmanian Collection Services.

5.4.     There have been 34,998 infringements referred to MPES since their inception in 2008. The value outstanding is $3,787,977.50.

5.5.     There is an additional $1,864,301.05 MPES are collecting for persons convicted in the Magistrates Court prior to the introduction of the Monetary Penalties Enforcement Act in 2008. These fines are now a minimum of 8 years old, with a number dating back prior to 1995.

5.6.     MPES collected an average of $92,504.67 per month for the six month period to December 2017 on behalf of the City of Hobart.

5.7.     For the same period, the City referred 4,548 infringements to MPES with an average value of $116,359.27 per month for collection.

5.8.     The City of Hobart pays a fee of $47.70 for each infringement referred to MPES. If a debt is not collected by MPES the fee is not recoverable.

5.9.     There are 7,961 infringements that have been determined to be non-collectable. These have been so deemed for a number of reasons. A decision is made based on our data and in conjunction with the recommendation from Tasmanian Collection Services whether it is viable to refer the matter to MPES.

5.10.   Of these, 1,795 infringements were issued prior to 1 January 2016 and have a nominal value of $110,465.10. In accordance with Council policy, approval is sought to write these debts off.

5.11.   Refer Attachment A for a graphical representation of the outstanding debt and the Debt Write-off components.

Recovery Action

5.12.   The recovery of all outstanding parking infringements follows the same pathway.  The registered operator’s details are obtained from Transport Tasmania, and a final notice of demand is sent after approximately 21 days from the initial infringement being issued.

5.13.   After approximately 60 days, the matter is referred to City’s debt collection contractor Tasmanian Collection Service (TCS) for follow up and collection.

5.14.   TCS provide their professional recommendation as to whether further legal action is warranted or whether the debt should be abandoned.

5.15.   No earlier than 60 days after referral to TCS, and no later than 6 months after the infringement date, the matter is referred to (MPES) for collection or imposition of enforcement sanctions.

5.16.   At any one of these stages the infringement can be deemed uncollectable and the status altered to “No Further Action”.

Debt Collection Performance for the Six Month Period to 31 December 2017

5.17.   Refer Attachment B for a table and graphical summary of the performance in the last 6 months.

5.18.   In the 6 month period to 31 December, the City issued 56,084 infringements with a face value of $2.6M. Of these:

5.18.1.  74 per cent of infringements (41,403) were paid on demand, generating $2.13M income.

5.18.2.  8 per cent (4,467 Infringements) are currently at Final Notice Stage.  Overdue notices have been issued and sent to the registered operator.

5.18.3.  4 per cent (2,152 infringements) have been handed to the collection agency (TCS) for formal collection.

5.18.4.  A further 2 per cent (1,097 infringements) have been referred to MPES for collection and/or sanctions.

5.18.5.  Less than 1 per cent (256 infringements) issued within the last 6 months have been classified as doubtful debts and listed as No Further Action.

5.18.6.  3 per cent (1,934 infringements) were issued to rental vehicles hired by interstate or international drivers, or vehicles registered in another State or Territory,

5.18.7.  Of the 1,407 vehicles registered outside Tasmania, only 228 of these vehicles have more than one infringement issued for the period.

5.18.8.  The remaining 9 per cent of issued infringements (other) has not yet reached the debt collection trigger.

5.19.   During the 6 month period MPES forwarded payments totalling $555,028.02 collected on the Council’s behalf.  This related to collections of both current and past (Magistrate’s Court) debts.

6.         Strategic Planning and Policy Considerations

6.1.     Section 3 of the Council policy, Outstanding Debts – Collecting, Reporting and Writing Off, provides that a report be submitted to the Finance Committee as at 30 June each year, recommending that all ‘No Further Action’ debts that have aged in excess of two (2) years be written off.

6.2.     The report aligns with Strategic Objective 2.1 – A fully assessable and connected city environment within the Capital City Strategic Plan 2015-2025, specifically:

2.1.4 – Implement the parking strategy Parking – A Plan for the
Future 2013.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result.

7.1.1.     There is $350,000 per annum set aside in the Parking budget as provision for doubtful debt.

7.1.2.     This is fully provisioned against budget function 421.

8.         Legal, Risk and Legislative Considerations

8.1.     No legal, risk and legislative considerations have been identified.

9.         Delegation

9.1.     This matter is delegated to the Finance and Governance Committee.

 

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.

 

Matt Tyrrell

Matthew Tyrrell

Group Manager Parking Operations

David Spinks

David Spinks

Director Financial Services

 

Date:                            9 May 2018

File Reference:          F18/26953; 16/121

 

 

Attachment a:             Outstanding Parking Debt as at Dec 31, 2017

Attachment b:             Six Month Snapshot - December 2017   


Item No. 6.1

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ATTACHMENT a

 

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Item No. 6.2

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Finance and Governance Committee Meeting

Page 15

 

15/5/2018

 

 

6.2    Occupancy Rates - Multi-Storey Car Parks

          File Ref: F18/3836

Report of the Operations Manager - Car Parks and the Director Financial Services of 10 May 2018 and attachments.

Delegation:     Committee


Item No. 6.2

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Finance and Governance Committee Meeting

Page 16

 

15/5/2018

 

 

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Memorandum:     Finance and Governance Committee

 

Occupancy Rates - Multi-Storey Car Parks

 

At the meeting of the Finance and Corporate Services Committee on 20 August 2013 (Open agenda, item 13 - Questions Without Notice) Alderman Cocker requested the following:-

“Could Aldermen be provided regular updates on the occupancy rates of the Council Multi-storey car parks?”

The General Manager advised that Aldermen will be provided with the figures quarterly.

The initial quarterly car parks occupation rates report was provided to Aldermen at the meeting of the Finance and Corporate Services Committee on 22 October 2013 (item 8 - Closed agenda). The Committee resolved that the report be received and noted. In addition the Chairman informally requested that future reports include occupancy percentages.

This report, for Quarter two (October - December) of the 2017-18 financial year contains:

·    The occupancy rates and income of each of the three multi-storey car parks for the quarter ending December 2017, compared with the same period in 2016 (Table 1).

 

·    Weekday hourly occupation percentages for each of the three multi-storey car parks for the same period (Attachment A).

 

·    Three month overview of the occupancy rates and income generated by the Trafalgar Car Park through permit and early bird parking (Table 2). 

Summary of results

The overall result across the car parks is:

·    1.88% increase in vehicle usage.

·    Increase in income of 4.15%.

·    Trafalgar car park continues to perform well, being slightly ahead of budget. 

table 1

2016

ARGYLE STREET

CENTREPOINT

HOBART CENTRAL

 

Cars

Income

Cars

Income

Cars

Income

October

93134

$238,783.50

49966

$154,467.60

28938

$99,295.60

November

97348

$273,015.60

52532

$172,059.90

30248

$110,875.50

December

105299

$277,812.20

59507

$167,446.20

32679

$101,946.00

Totals

295781

$789,611.30

162005

$493,973.70

91865

$312,117.10

 

2017

ARGYLE STREET

CENTREPOINT

HOBART CENTRAL

 

Cars

Income

Cars

Income

Cars

Income

October

103429

$271,208.00

48538

$162,229.00

29181

$95,886.00

November

100708

$294,516.80

52032

$182,650.00

30982

$103,610.00

December

105003

$292,171.30

56548

$168,689.10

33576

$90,971.00

Totals

309140

$857,896.10

157118

$513,568.10

93739

$290,467.00

Argyle Street

Centrepoint

Hobart Central

Car park increase/decrease

13359

$68,284.80

-4887

$19,594.60

1874

-$21,650.10

4.51%

5.16%

-3.01%

3.96%

2.03%

-6.93%

Overall increase

Cars

10346

Income

$66,229.10

 

 

·    The decrease in Hobart Central revenue was due to a reduction in the number of early bird spaces allocated during the busy Christmas period and a higher number of short stay free parking. This also provided more short term parking availability during December as indicated by the increase in vehicles numbers 

·    Income increased in Argyle Street car park, which reflects the fee increase, an increase in vehicle usage and longer stays.

·    Income increased in Centrepoint car park by 3.96% which is a result of fee increases and a continuation of some early bird parking during the Christmas period, due to short term demand being down on the previous year. The decrease in early bird parking during the Christmas period was not as significant as that of Hobart Central, therefore income was still better than the previous year.

 

Trafalgar Car Park

Parking Operations assumed operational responsibility of the 544 parking spaces in Trafalgar Car Park on 1 July 2013. As at that date, 388 spaces were leased to permit holders who pay a monthly rental of either $255 or $275 depending on the conditions of their permit.

The goal is to fully occupy the car park with monthly tenants, however in the interim the void between actual and full occupancy is being filled with early bird parkers.

As at 31 December 2017, the number of spaces leased to permit holders was 478, with 66 vacant spaces being utilised for early bird parking.  Saturday income increased due to an increase in Salamanca Market patrons taking advantage of the $6 all day parking fee.  As at 31 December 2017, the budget for the Trafalgar Car Park showed a favourable balance.

The income for the period 1 October 2017 – 31 December 2017 was split as follows:

Table 2

 

Oct-17

Nov-17

Dec-17

Total Income

Budgeted Income

Permits

$115,841

$113,601

$112,017

$341,459

$324,378

Early Bird

$15,269

$16,016

$14,106

$45,391

$56,000

Saturday

$2,480

$2,452

$5,632

$10,564

$10,000

Total

$133,590

$132,069

$31,755

$397,414

$390,378

Car Park Occupancy Rates Oct – Dec 2017

(See Attachment A)

During October, Centrepoint Car Park recorded average occupation rates of 84.71% during the peak period of the day (11.00am – 2.00pm).  Argyle Street averaged 92.51%, and Hobart Central averaged 91.53 % for the same period.

In the following two month period (1 November - 31 December 2017) occupancy rates in all three car parks at the peak period of the day were higher – averaging at or above 90.3 %. 

Hobart Central and Centrepoint car parks both accept “early bird” parking.  During quieter periods the car park operators manually adjust the number of early birds they accept based on the vehicle usage statistics. The higher percentages of occupation in both of these car parks are reflective of this.

During the three month period vehicular traffic in Argyle Street car park remained constant, with the car park not quite filling during the three month period. The average number of vacant spaces available during the peak period of the day was in the vicinity of 102.

Centrepoint and Hobart Central car parks both had busy periods during October, November and December with both car parks filled but only momentarily.  Accordingly, early birds were adjusted daily to ensure vacancies remained.

The usage statistics demonstrate that parking capacity remains available even during the busiest periods of the day, which in turn allows for parking availability on-street, thus giving options to parkers when in the City.

 

 

 

 

 

 

REcommendation

That the information contained in the memorandum of the Operations Manager – Car Parks, the Group Manager Parking Operations and the Director Financial Services of 9 August 2017 titled “Occupancy Rates – Multi-Storey Car Parks” be received and noted.

 

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.

 

David Fox

David Fox

Operations Manager - Car Parks

Matt Tyrrell

Matthew Tyrrell

Group Manager Parking Operations

David Spinks

David Spinks

Director Financial Services

 

 

Date:                            10 May 2018

File Reference:          F18/3836

 

 

Attachment a:             Table of Occupancy Percentages

Attachment b:             Income Graph

Attachment c:            Occupancy Rates Graph   


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6.3    Grants and Benefits Listing as at 31 March 2018

          File Ref: F18/34899; 25-2-1

Report of the Group Manager Rates and Procurement and Director Financial Services of 10 May 2018 and attachment.

Delegation:     Committee


Item No. 6.3

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Page 28

 

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REPORT TITLE:                  Grants and Benefits Listing as at 31 March 2018

REPORT PROVIDED BY:  Group Manager Rates and Procurement

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 2017 to 31 March 2018 as requested by the then Parks and Customer Services Committee.

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 2017 to 31 March 2018.

2.3.     It is proposed that the Committee note the listing of grants and benefits provided for the period 1 July 2017 to 31 March 2018 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 and Governance Committee receive and note the information contained in the report titled “Grants and Benefits Listing as at 31 March 2018”.

 

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 then 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 2017 to 31 March 2018 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 marked as Attachment A, has been prepared in accordance with the Council policy titled Grants and Benefits Disclosurerefer Attachment B.

5.         Proposal and Implementation

5.1.     It is proposed that the Committee note the grants and benefits listing as at 31 March 2018.

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 31 March 2018 were funded from the 2017/18 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:

Grants and benefits

(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)

(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 the 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 and Governance 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

Group Manager Rates and Procurement

David Spinks

David Spinks

Director Financial Services

 

Date:                            10 May 2018

File Reference:          F18/34899; 25-2-1

 

 

Attachment a:             Grants and Benefits Listing as at 31 March 2018

Attachment b:             Council Policy Grants and Benefits Disclosure   


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Item No. 6.4

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6.4    2018/19 Fees and Charges - Financial Services

          File Ref: F18/34891; 18/20

Report of the Group Manager Rates and Procurement and the Director Financial Services of 27 April 2018 and attachments.

Delegation:     Committee


Item No. 6.4

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REPORT TITLE:                  2018/19 Fees and Charges - Financial Services

REPORT PROVIDED BY:  Group Manager Rates and Procurement

Director Financial Services

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to present the proposed fees and charges for Council’s financial services for the 2018/19 financial year.

1.2.     Fees and charges are reviewed each year as part of the Council’s annual budget process.

2.         Report Summary

2.1.     A review of Council’s financial services fees and charges has been undertaken.  The pricing level for 2018/19 is proposed to remain as for the current year due to no increase in transactional banking or Australia Post transaction fees. 

2.2.     No new Council fees or charges are proposed for 2018/19.

2.3.     It is recommended that the attached schedule of fees and charges is adopted for 2018/19.

 

3.         Recommendation

That:

1.      The report 2018/19 fees and charges – financial services be received and noted.

2.      The attached schedule of fees and charges for financial services be adopted for the 2018/19 financial year.

 


 

4.         Background

4.1.     At its meeting on 14 May 2012 Council introduced three new fees, being a direct debit default fee, a cheque re-issue fee and an electronic funds transfer (EFT) default fee.

4.2.     The direct debit default fee is charged to a customer where there are insufficient cleared funds in the nominated account when the agreed direct debit payments are to be drawn.

4.3.     The cheque re-issue fee is charged when a customer requests Council to re-issue a cheque where the original may have been lost or misplaced.  However, the fee is not charged when a cheque is re-issued as a result of a Council error.

4.4.     The EFT default fee is charged when an EFT transaction is unsuccessful because the incorrect bank account information was supplied and the EFT is resent by Council as a result.

4.5.     At its meeting on 25 May 2015 Council introduced a new fee for the 2015/16 financial year, being a cheque default fee.

4.6.     The cheque default fee is charged when a customer pays by cheque but the cheque is dishonoured by the financial institution e.g. ‘bounced cheque’.

4.7.     At its meeting on 22 May 2017 Council introduced a new fee for the 2017/18 financial year, being an Australia Post payment default fee.

4.8.     The Australia Post payment default fee is charged to a customer who pays at Australia post but the payment defaults.  This will usually be because the customer pays by cheque but the cheque is dishonoured by the financial institution.

4.9.     Similar fees and charges are imposed by councils both in Tasmania and interstate.

4.10.   A pricing review of the financial services fees has been undertaken.  A schedule showing the proposed fees for 2018/19 is attached – refer attachment A.

5.         Proposal and Implementation

5.1.     It is proposed that the attached schedule of fees and charges be adopted for the 2018/19 financial year.

5.2.     The pricing level for 2018/19 is proposed to remain as for the current year due to no increase in transactional banking fees. In fact there has been a decline in the banking fee imposed for a cheque re-issue, low inflation and in prior years the fee has been rounded upwards.

5.3.     The proposed direct debit default fee of $27 includes the transactional banking fee imposed on Council by its financial institution, being $2.50 per instance, and an amount to recover the administrative costs to Council in rectifying this default.

5.4.     The proposed cheque re-issue fee of $27 includes the transactional banking fee imposed by Council by its financial institution, which was $10 per instance but for 2018/19 has been removed, and an amount to recover the administrative costs to Council in re-issuing a cheque.

5.5.     The proposed EFT default fee of $27 includes the transactional banking fee imposed by Council by its financial institution, being $2.50 per instance, and an amount to recover the administrative costs to Council in resending the EFT.

5.6.     The proposed cheque default fee of $27 is priced consistently with the other financial service fees and charges.  The price also reflects the amount to cover the administrative costs to Council in rectifying the default. 

5.7.     The proposed Australia Post payment default fee of $27 is similarly priced consistently with the other financial service fees and charges, and includes the $25 cost charged to Council by Australia Post and a small amount to cover the administrative costs to Council in rectifying the default.

5.8.     Fees and charges for 2018/19 will become effective as at 1 July 2018.

5.9.     Pursuant to section 206 of the Local Government Act 1993, the fees will be included in Council’s fees and charges booklet, which is made available to the community from Council’s website and the Customer Service Centre.

6.         Strategic Planning and Policy Considerations

6.1.     There are no direct strategic planning implications arising from this report.

6.2.     The annual review of fees and charges has been undertaken in accordance with Council’s Pricing Policy and Guidelines. 

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     Not applicable.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     It is difficult to determine the income that will be generated to Council from these fees as they are applied when a payment default has occurred.

7.2.2.     Based upon the number of instances where the fees have been applied to date this financial year, it is envisaged that approximately $4,787 will be generated in income from these fees in 2018/19.

7.3.     Asset Related Implications

7.3.1.     Not applicable.

8.         Legal, Risk and Legislative Considerations

8.1.     Pursuant to section 205 of the Local Government Act 1993 (Tas), Council has the following powers:

(1) In addition to any other power to impose fees and charges but subject to subsection (2), a council may impose fees and charges in respect of any one or all of the following matters:

(a) the use of any property or facility owned, controlled, managed or maintained by the council;

(b) services supplied at a person's request;

(c) carrying out work at a person's request;

(d) providing information or materials, or providing copies of, or extracts from, records of the council;

(e) any application to the council;

(f) any licence, permit, registration or authorization granted by the council;

(g) any other prescribed matter.

(2) A council may not impose a fee or charge in respect of a matter if –

(a) a fee or charge is prescribed in respect of that matter; or

(b) this or any other Act provides that a fee or charge is not payable in respect of that matter.

(3) Any fee or charge under subsection (1) need not be fixed by reference to the cost to the council.

8.2.     Pursuant to section 206 of the LG Act, council is to keep a list of all fees and charged and make the list available for public inspection during ordinary hours of business.

9.         Delegation

9.1.     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.

 

Lara MacDonell

Lara MacDonell

Group Manager Rates and Procurement

David Spinks

David Spinks

Director Financial Services

 

Date:                            27 April 2018

File Reference:          F18/34891; 18/20

 

 

Attachment a:             Schedule of Financial Services Fees and Charges for 2018/19   


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6.5    2018-19 Fees and Charges - Parking Operations

          File Ref: F18/40385

Report of the Group Manager Parking Operations and the Director Financial Services of 9 May 2018 and attachments.

Delegation:     Council


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REPORT TITLE:                  2018-19 Fees and Charges - Parking Operations

REPORT PROVIDED BY:  Group Manager Parking Operations

Director Financial Services

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to present the proposed fees and charges applicable to the Financial Services Division – Parking Enforcement and Off-Street Parking for the 2018-19 financial year.

1.2.     Fees and charges are reviewed each year as part of the Council’s annual budget process.

2.         Report Summary

2.1.     A review of Council’s Parking Operations fees and charges has been undertaken and a total increase of 15.55% for all functions within the Parking Operations area is proposed for 2018-19.

2.2.     This higher than normal increase in income is essentially a result of the implementation of the new Integrated Parking System.  The new system will improve parking management efficiency through the introduction of new payment methods, greater enforcement capabilities and greater coverage of the city and suburban areas as a result of the introduction of sensor technology.

2.3.     The new technology will have a greater operational cost than our existing conventional equipment, this includes credit card fees, licencing and communication fees, however, the expected income gains will more than cover these additional operational fees.

2.4.     It is recommended that the attached schedule of fees and charges are endorsed for 2018-19.


 

3.         Recommendation

That the schedule of fees and charges for the 2018-19 financial year, as referenced below and attached to this report, be endorsed for consideration by the Finance and Governance Committee;

1.      Parking Enforcement (Attachment A)

2.      Off-Street Parking Long Term (Attachment B)

3.      Off-Street Parking Short Term (Attachment C)

4.      Off-Street Parking Short Term Motor Bikes (Attachment D)

5.      Meters and Voucher Machines (Attachment E)

 

4.         Background

4.1.     The fees and charges for the 2018-19 financial year have been assessed including methods and timing of payment.  Where possible fees and charges are to be paid up-front with additional costs being charged on a cost recovery basis.

4.2.     A summary of the proposed fees and charges follows:

Parking General

4.2.1.     New fees have been introduced as a result of the purchase of new equipment for the Integrated Parking System.  These include replacement costs for damaged sensors and sensor cups (mounting devices), and fees for removal and reinstatement of sensors for the purposes of road works.

4.2.2.     Fees for replacement of parking meters have also been included in case of damage as a result of motor vehicle accidents, roadworks or malicious damage as a result of vandalism or attempted theft.

4.2.3.     Fee increases have been effected for the use of parking meter hooding permits and annual parking meter exemption permits.

Parking Meter Fines

4.2.4.     The penalties for parking meter fines and traffic infringements are set using the State Government penalty unit fees.  Penalty unit fees will be increased for the 2018-19 financial year resulting in small increases to penalties charged by Council.  The expectation is an average of around $1.00 per fine.

 

Parking Meter Fees

4.2.5.     Parking meter fees will increase in some areas of the city, in particular those areas where the fees have not been reviewed for some time.  The fee increase will be effected for some meters in the fringe areas of the city and the following areas:

·   Dunn Place

·   Condell Place

·   Lefroy Street

·   Salamanca Place

·   Salamanca Square

·   Queens Domain

·   Regatta Grounds

Car Park Fees

4.2.6.     The hourly rate for the 3rd and 4th hour in the Argyle Street, Hobart Central, and Centrepoint multi-storey car parks will increase by $1.00 per hour.  Early bird parking in Hobart Central, Centrepoint, and Trafalgar Car Parks will increase by $1.00 per day to $13.00.

Long Term Car Park Fees

4.2.7.     The monthly rental for spaces in the following car parks will increase by an average of $5.00 per month:

·   Trafalgar

·   Hobart Central

·   Liverpool-Barrack

·   Salamanca Square

·   Hunter Street (UTAS & Henry Jones)

5.         Proposal and Implementation

5.1.     It is recommended that the attached schedules of fees and charges be endorsed for the 2018-19 financial year.

5.2.     Fees and charges for 2018-19 will become effective as at 1 July 2018.

5.3.     Pursuant to section 206 of the Local Government Act 1993, the fees will be included in Council’s fees and charges booklet, which is made available to the community from Council’s website and the Customer Service Centre.

6.         Strategic Planning and Policy Considerations

6.1.          There are no direct strategic planning implications arising from this report.

6.2.     The annual review of fees and charges has been undertaken in accordance with Council’s Pricing Policy and Guidelines. 

7.         Financial Implications

7.1.          Funding Source and Impact on Current Year Operating Result

7.1.1.     Not applicable.

7.2.          Impact on Future Years’ Financial Result

7.2.1.     The review of the fees and charges for Parking Operations has been undertaken and increases for the 2018-19 financial year are expected to be:

FUNCTION AREA

2017-18

BUDGET

2018-19 ESTIMATE

INCREASE / (DECREASE)

Parking Enforcement

(includes fine and meter collections)

13,330,247

15,099,100

1,768,853

13.27%

Off-Street Parking Short Term
(includes short term motor bikes)

5,912,055

6,664,500

752,445

12.73%

Off-Street Parking Long Term

2,290,016

2,444,277

154,261

6.74%

Meters, Voucher Machines etc

(Dunn Place, Condell Place and Queens Domain car parks)

787,000

970,000

183,000

23.25%

7.3.          Asset Related Implications

7.3.1.     Not applicable.

8.         Legal, Risk and Legislative Considerations

8.1.     Pursuant to section 205 of the Local Government Act 1993, Council may impose fees and charges for various services.

8.2.     Pursuant to section 206 of the LG Act, council is to keep a list of all fees and charged and make the list available for public inspection during ordinary hours of business.

9.         Delegation

9.1.          This matter is delegated 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.

 

Matt Tyrrell

Matthew Tyrrell

Group Manager Parking Operations

David Spinks

David Spinks

Director Financial Services

 

Date:                            9 May 2018

File Reference:          F18/40385

 

 

Attachment a:             Parking Enforcement

Attachment b:             Off-Street Parking Long Term

Attachment c:            Off-Street Parking Short Term

Attachment d:            Off-Street Parking Short Term Motorbikes

Attachment e:             Meters and Voucher Machines   


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6.6    Financial Report as at 31 March 2018

          File Ref: F18/37251; 21-1-1

Report of the Budget and Reporting Manager, Manager Finance and the Director Financial Services of 10 May 2018 and attachments.

Delegation:     Council


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REPORT TITLE:                  Financial Report as at 31 March 2018

REPORT PROVIDED BY:  Budget and Reporting Manager

Manager Finance

Director Financial Services

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to present Council’s Financial Report for the period ending 31 March 2018, and to seek approval for changes to the 2017/18 Estimates (budget).

2.         Report Summary

2.1.     The Financial Report for the period ending 31 March 2018 is presented for consideration.  It shows that expenses are currently favourable when compared to budget and revenues are currently unfavourable, and forecasts the following financial outcomes for 2017/18:

2.1.1.     An underlying surplus of $1.65M;

2.1.2.     A closing cash balance of around $37M; and

2.1.3.     The achievement of targets set for most of the Council’s eight financial sustainability indicators.

2.2.     The Council remains in a strong, sustainable financial position.

            3.    Recommendation

That the Council approve the changes to the 2017/2018 Estimates listed in tables 4, 5, 7 and 9 of Attachment A, noting that the financial impacts of which are to increase the underlying surplus by $0.99M, and to decrease the cash balance by $1.25M.

 

4.         Background

4.1.     The Financial Report as at 31 March 2018 is provided at Attachment A.  The Financial Report provides details of:

4.1.1.     The Council’s financial position as at 31 March 2018;

4.1.2.     The result of operations for the first nine months of the 2017/2018 financial year;

4.1.3.     Forecasts for 30 June 2018; and

4.1.4.     Progress towards the achievement of the Council’s financial sustainability outcomes.

4.2.     In accordance with Council’s decision of 3 July 2017, unspent 2016/17 capital funding has been carried forward to the 2017/18 year.

4.3.     Council approved operating carry forwards from 2016/17 as part of the financial report for the period 30 September 2017, which resulted in the forecast underlying surplus decreasing by $0.52M, from $1.44M to $0.92M.

4.4.     Council approved further changes to the Estimates as part of the financial report for the period 30 September 2017 which resulted in the forecast underlying surplus decreasing by $0.26M, from $0.92M to $0.66M.

4.5.     Council approved further changes to the Estimates as part of the financial report for the period 31 December 2017 which resulted in the forecast underlying surplus for 2017/18 remaining unchanged at $0.66M.

5.         Proposal and Implementation

5.1.     The Financial Report seeks to have the 2017/18 Estimates (budget) amended to take account of expected differences from budget at 30 June 2018 (permanent variances).

5.2.     It is proposed that the Council approve changes to the 2017/18 Estimates as set out in tables 4, 5, 7 and 9 of Attachment A.

6.         Strategic Planning and Policy Considerations

6.1.     Goal 5 – Governance is applicable in considering this report, particularly Strategic 5.1 objective:

“The organisation is relevant to the community and provides good governance and transparent decision-making”.

7.         Financial Implications

7.1.     Funding Source

7.1.1.     The proposed changes to the Estimates will result in the forecast cash balance decreasing by $1.25M.

7.1.2.     The decrease in the forecast cash balance results from a number of factors, but is primarily due to increased capital expenditure which is partially offset by reduced operating costs.

7.1.3.     The final cash balance may differ from the current forecast for the following reasons:

7.1.3.1.      Current budget variances which are assumed to be timing variances (and therefore forecasts have not been amended) may prove to be permanent variances,

7.1.3.2.      Further variances could arise during the remainder of the year, and

7.1.3.3.      Capital expenditure could be higher or lower than forecast.

7.2.     Impact on Current Year Operating Result

7.2.1.     The impact of the proposed changes to the Estimates is to increase the forecast underlying surplus by $0.99M (from $0.66M to $1.65M).

7.2.2.     The final  result may vary from the current forecast for the following reasons:

7.2.2.1.      Current budget variances which are assumed to be timing variances (and therefore forecasts have not been amended) may prove to be permanent variances; and

7.2.2.2.      Further variances could arise during the remainder of the year.

7.3.     Impact on Future Years’ Financial Result

7.3.1.     The impact on future years’ underlying surpluses is difficult to estimate reliably because some changes may be ongoing, whilst others may not.

7.4.     Asset Related Implications

7.4.1.     No significant asset related implications are anticipated.

7.5.     Financial Sustainability Indicators

7.5.1.     Budget targets for six of Council’s eight financial sustainability indicators are expected to be achieved in 2017/18.  The target for both the asset sustainability ratio and asset consumption ratio are not expected to be met due to impacts from the Roads and Bridges revaluation in 2016-17.

7.5.2.     Benchmarks are expected to be achieved (or exceeded) for all financial sustainability indicators.

 

8.         Legal, Risk and Legislative Considerations

8.1.     Not Applicable.

9.         Delegation

9.1.     This matter is delegated 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.

 

Karelyn Stephens

Budget and Reporting Manager

Peter Jenkins

Manager Finance

David Spinks

Director Financial Services

 

 

Date:                            10 May 2018

File Reference:          F18/37251; 21-1-1

 

 

Attachment a:             Financial Report ending March 2018   


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6.7    City of Hobart Rates and Charges Policy Amendment - Landfill Rehabilitation Service Charge

          File Ref: F18/40619; 22-2-2

Report of the Group Manager Rates and Procurement and Director Financial Services of 10 May 2018 and attachments.

Delegation:     Council


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REPORT TITLE:                  City of Hobart Rates and Charges Policy Amendment - Landfill Rehabilitation Service Charge

REPORT PROVIDED BY:  Group Manager Rates and Procurement

Director Financial Services

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to seek Council’s approval of an amendment to the City of Hobart Rates and Charges Policy to reflect changes to the City’s landfill rehabilitation service charge, which will take effect from 1 July 2018 until 30 June 2027.

1.2.     The amendment to the City’s Rates and Charges Policy will increase transparency and community awareness of the changes to the landfill rehabilitation service charge. 

2.         Report Summary

2.1.     In December 2011, the Local Government Act 1993 (LG Act) was amended to require councils to implement rates and charges policies by 31 August 2012, to provide transparency in decision-making, and to educate their communities about how revenue is raised.

2.2.     The Rates and Charges policy is required to be a plain English explanation of the judgements made by the Council to raise revenue for the community. 

2.3.     The Hobart City Council Rates and Charges Policy was adopted by the Council at its meeting on 27 August 2012, and has been updated four times since then.

2.4.     The LG Act requires councils to review their rates and charges policies at a minimum on a four yearly basis or earlier if a change is made.

2.5.     At its meeting on 4 December 2017 Council resolved to reduce the amount of the landfill rehabilitation service charge and to amend the period of time the service charge would apply.   The City of Hobart Rates and Charges Policy has been updated to reflect these decisions.

2.6.     It is proposed that the Council adopt the attached City of Hobart Rates and Charges Policy, as amended, and make copies available to the public in a paper format from the Customer Service Centre and in an electronic format prominently from Council’s website.

 

 

 

 

3.         Recommendation

That:

1.      The Council adopt the amended City of Hobart Rates and Charges policy marked as Attachment A to this report.

2.      The General Manager be authorised to finalise the City of Hobart Rates and Charges Policy and arrange for it to be made available to the public in a paper format from the Council’s Customer Service Centre and in an electronic format from Council’s website.

 

4.         Background

4.1.     In December 2011, the Local Government Act 1993 (LG Act) was amended to require councils to implement rates and charges policies by 31 August 2012, to provide transparency in decision-making, and to educate their communities about how revenue is raised.

4.2.     The Rates and Charges policy is required to be a plain English explanation of the judgements made by the Council to raise revenue for the community. 

4.3.     At its meeting on 27 August 2012, the Council adopted its Rates and Charges policy.  Since then the Council has resolved to amend the policy on four occasions to reflect the limited rates remission delegation to the General Manager, the introduction of the Green Waste Management Service Charge, the legislatively required 4-year review and the introduction of conditions and criteria for the remission of penalty and interest.

4.4.     Section 86B(4)(e) of the LG Act states that:

A council must review its rates and charges policy at the same time as, or before, altering the circumstances in which a rate, charge or averaged area rate, or a variation of a rate or charge, is to apply to rateable land.

4.5.     At its meeting on 4 December 2017, Council considered a report on the future application of the McRobies Gully Landfill Rehabilitation Levy and  resolved the following, that:

The McRobies Gully Landfill Rehabilitation Levy be reduced from $50 to $10 per residential property, and reduced from $100 to $20 per commercial property, commencing 1 July 2018.

The Levy be applied for a period ending on 30 June 2027.

4.6.     Pursuant to section 86B(4)(e) of the LG Act, the City of Hobart Rates and Charges Policy has been amended to reflect the Council’s decisions in respect to the changes to the landfill rehabilitation service charge – refer attachment A

5.         Proposal and Implementation

5.1.     It is proposed that the City of Hobart Rates and Charges Policy be amended to reflect the changes to the Landfill Rehabilitation Service Charge to take effect from 1 July 2018 until 30 June 2027.

5.2.     The opportunity has also been taken to make minor administrative updates to the document. 

5.3.     It is proposed that the Council adopt the attached City of Hobart Rates and Charges Policy, as amended, and make copies available to the public in a paper format from the Customer Service Centre and in an electronic format prominently from the Council’s website.

6.         Strategic Planning and Policy Considerations

6.1.     Section 11 of The City of Hobart Rates and Charges policy states that:

6.1.1.     Council will exercise its rate recovery powers under the Act in order to reduce the overall rate burden on ratepayers and to better manage the scarce financial resources of the Council.  It will be guided by the principles of:

6.1.1.1.      Responsibility – making clear the obligation of ratepayers to pay rates.

6.1.1.2.      Transparency – making clear the consequences of failing to pay rates.

6.1.1.3.      Accountability – ensuring due legal processes are applied to all ratepayers in the recovery process.

6.1.1.4.      Capacity to pay – negotiating payment where appropriate.

6.1.1.5.      Equity – applying the same treatment for ratepayers with the same circumstances.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     Not applicable.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     Not applicable.

7.3.     Asset Related Implications

7.3.1.     Not applicable.

8.         Legal, Risk and Legislative Considerations

8.1.     These have been considered elsewhere in this report.

9.         Delegation

9.1.     This matter is delegated 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.

 

Lara MacDonell

Lara MacDonell

Group Manager Rates and Procurement

David Spinks

David Spinks

Director Financial Services

 

Date:                            10 May 2018

File Reference:          F18/40619; 22-2-2

 

 

Attachment a:             Amended City of Hobart Rates and Charges Policy   


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Hobart City Council

 

Rates and Charges Policy

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Contents

1.      Introduction. 4

2.      Relationship between Council’s Strategic Plan, Budget and Rates. 4

2.1         Council’s Vision and Future Directions. 4

2.2         Long-term Financial Management Plan. 6

3.      Goal 7

4.      Policy Principles. 7

5.      Property Valuation Base. 8

6.      Rates and Charges. 9

6.1         General Rate. 10

6.2         Stormwater Removal Service Rate. 10

6.3         Fire Service Rate. 11

6.4         Waste Management Service Charge. 11

6.5         Green Waste Service Charge. 11

6.6         Landfill Rehabilitation Service Charge. 12

7.      What Programs and Services does Council provide?. 12

8.      Rebate of Rates. 14

9.      Rates Remissions. 14

9.1         Pensioner Remissions. 14

9.2         Rate Remissions – Service Rates / Charges. 15

10.         Payment of Rates. 16

11.         Late Payments. 18

11.1      Sale of Land for Non-Payment of Rates. 19

12.         Objection Rights. 19

13.         More Information. 19


1.    Introduction

Rates and charges are an important revenue source for local government, comprising approximately 65% of the City of Hobart’s (Council’s) annual income.  In setting its rates and charges Council has the challenge of balancing the need to fund existing services, the continual demand for increased services, the need to maintain and renew essential infrastructure and the desire to keep increases to rates and charges to a minimum.

 

Council uses the revenue collected from rates and charges to fund the provision of more than 300 programs and services to the community and provide the infrastructure required and expected of a modern, well serviced Capital City.

 

This documents sets out the City of Hobart policy for setting and collecting rates from its community and meeting the requirements of Part 9 of the Local Government Act 1993 (the Act). 

 

This Rates and Charges policy will explain:

·    The relationship between Council’s Strategic Plan, budget and rates;

·    Council’s goal in setting its rates and charges;

·    The principles Council uses when setting its rates and charges;

·    How Council sets its rates and charges for the year;

·    What rates and charges are levied in the Hobart municipal area;

·    The services that rates and charges fund for the benefit of the community;

·    Rates rebates and remissions;

·    How and when to pay rates and the consequences of late payments; and

·    Ratepayer objection rights.

 

The City of Hobart Rates and Charges Policy will be reviewed at least every 4 years by 31 August unless a change occurs that requires Council to amend its Rates and Charges Policy under section 86B(4) of the Act.  

2.      Relationship between Council’s Strategic Plan, Budget and Rates

The Rates and Charges Policy has been prepared within the context of Council’s strategic planning and reporting framework, which is intended to ensure the best possible results by considering issues and pressures that may affect the community and the level of resources available to achieve the priorities and aspirations.  In setting its rates Council gives primary consideration to the long-term vision for the city, (developed in conjunction with residents, business, interest groups, key city stakeholders, young people and students from across the city), strategic directions, financial sustainability and the likely impacts on the community.

 

The Council has worked with the community to establish a 20 year vision for the city and a set of statements that describe what the city will be like if that vision is achieved.

 

2.1     Council’s Vision and Future Directions

 

In 2025 Hobart will be a city that: -

·    Offers opportunities for all ages and a city for life;

·    Is recognised for its natural beauty and quality of environment;

·    Is well governed at a regional and community level;

·    Achieves good quality development and urban management;

·    Is highly accessible through efficient transport options;

·    Builds strong and healthy communities through diversity, participation and empathy; and

·    Is dynamic, vibrant and culturally expressive.

 

Offers opportunities for all ages and a city for life

 

In 2025 Hobart will be a city that provides opportunities for education, employment and fulfilling careers. A city that is able to retain its young people and provide a lifestyle that will encourage all ages to see the city as a desirable location and lifelong home.

 

Is recognised for its natural beauty and quality of environment

 

In 2025 Hobart will be a city that respects the natural beauty of Mount Wellington, the Derwent River, the bushland surrounds and waterfront locations. It has worked to enhance the community connection through the protection of views, vistas, access and linkages and the physical environment has been conserved in a manner that will ensure a healthy and attractive city.

 

Is well governed at a regional and community level

 

In 2025 Hobart will be a city that works effectively to lead an integrated approach to the planning and development of the metropolitan region. It will create partnerships with governments, the private sector and local communities in achieving significant regional, city and community goals.

 

Achieves good quality development and urban management

 

In 2025 Hobart will be a city that remains unique in its own right, protecting its built heritage and history while pursuing quality development, the principles of sustainable cities and the reduction of ecological impacts. It will value access to the waterfront, foreshores, public and open spaces and continues to enjoy the benefits of scale and proximity. 

 

Is highly accessible through efficient transport options

 

In 2025 Hobart will be a city that maintains its convenience and accessibility through the greater use of transport alternatives and an effective road and travel network.

Improved public transport options, cycle ways and walking tracks linking open spaces for transport and recreation, the availability of adequate parking for commuters and shoppers, the take up of sustainable transport options, the reduction of through traffic and the management of an efficient road network are the result of an integrated approach to transport planning within the city and across the metropolitan region.

 

Builds strong and healthy communities through diversity, participation and empathy

In 2025 Hobart will be a city that reflects a spirit of community and tolerance. By valuing diversity and encouraging participation by all ages in the life of their community, a friendly and compassionate society will underpin a safe and healthy city.

 

Is dynamic, vibrant and culturally expressive

 

In 2025 Hobart will be a city that is a destination of choice and a place for business. Clever thinking and support for creativity will help build a strong economic foundation, and entertainment, arts and cultural activities promote the distinctive character of the city. Lifestyle opportunities and strong communities will ensure a vibrancy and way of life that is Hobart.

 

The future directions statements and key strategies underpin the vision and provide the basis for five year strategic plans to be implemented through Council’s Annual Plan. Performance is continually monitored and result documented in an annual report to the community.  The framework is outlined in the diagram below:

 

 

 

2.2     Long-term Financial Management Plan

 

Council’s Long-term Financial Management Plan (LTFMP) provides a plan to resource Council’s future directions outlined above and ensure Council’s financial sustainability in the long-term.  Council defines financial sustainability as follows:

 

“A Council’s long-term financial performance and position is sustainable where planned long-term service and infrastructure levels and standards are met without unplanned increases in rates or disruptive cuts to services.”

 

Financial sustainability is particularly important for local government because councils hold assets worth in the billions of dollars (large relative to their revenue bases), that have lives of in some cases well over 100 years.  

 

Council has $1.4 billion in physical assets, managed through Asset Management Plans, including buildings, parks infrastructure, plant, vehicles and equipment, playground equipment, road infrastructure, stormwater infrastructure and The Doone Kennedy Hobart Aquatic Centre.  The expected life of Council’s infrastructure assets varies from 10 years for plant and vehicles to 160 years for buildings.  It is important for Council to adequately fund asset management to ensure its assets achieve their full expected service life but can also be renewed without incurring large rates increases in the future.  

 

Council’s LTFMP is used in the preparation of its annual budget and Council’s rates and charges policy is prepared within its context.  Information on how rates and charges are calculated is included in section 5 and 6.

3.      Goal

Council’s goal in raising rates and charges is to ensure a sufficient revenue base for Council to:

·    Continue to provide existing activities, programs and services to the community.

·    Provide new or expanded services to the community.

·    Ensure a balanced budget and provide a strong financial basis for effective management of expenditure programs to provide for both current and future community requirements.

·    Encourage a strong, growing and sustainable local economy with appropriate levels of infrastructure assets and facilities.

·    Provide certainty of funding for the provision of infrastructure identified by Council in its Long-term Financial Management Plan and Asset Management Plans.

4.      Policy Principles

·                In adopting its Rates and Charges Policy and making decisions concerning the making of rates, Council has taken into account the following pursuant to section 86A(1) of the Act:

·                 

(a)  rates constitute taxation for the purposes of local government, rather than a fee for a service; and

·                 

(b)  the value of rateable land is an indicator of the capacity of the ratepayer in respect of that land to pay rates.

·                 

Council currently raises revenue for the vast majority of its services through the Assessed Annual Value (AAV) rating system and not through a user pays pricing system.  Council’s rating system does not separate those aspects of a particular service that may have a public benefit from those that have a more private benefit such as a kerbside waste collection.

Council rates are based on property values and are therefore a property tax.  Generally the Act expects that the higher the value of the property the higher the rates to be paid. 

·                 

·                Council determines rates and charges after due consideration of the following:

·    The principles of taxation outlined in section 86A(1) of the Act, outlined above.

·    The objectives, strategies and actions outlined in the Council’s Strategic Plan, Annual Plan and Long-term Financial Management Plan.

·    Council’s legislative obligations.

·    The needs and expectations of the general community.

·    The level of the cost of maintaining existing facilities and necessary services.

·    The need for additional services and facilities.

 

In setting its policy on rates and charges, Council has applied the following principles of taxation:

 

·    Equity –by taking into account the different levels of capacity to pay within the local community;

·    Benefit – by recognising that Council services benefit the community as a whole.

·    Simplicity – by using a rating system that is simple and cost effective to administer.

·    Sustainability – by making revenue decisions that support the financial strategies for the delivery of infrastructure and services identified in Council’s Long-term Financial Management Plan and Asset Management Plans.

·    Effectiveness / efficiency – by meeting the financial, social, economic and environmental, and other strategic objectives outlined in Council’s Strategic Plan.

·    Transparency – by being open in the processes involved in the making of rates and charges.

·    Timeliness – by ensuring all ratepayers are given adequate notice of their liability to pay rates and charges.

·    Flexibility – by responding where possible to unforseen changes in the economy.

·    Compliance – by complying with the requirements and intent of relevant legislation.

5.      Property Valuation Base

Under section 89A of the Act Council has the choice of three bases of value of land:

 

·    Land Value – the value of the property excluding all visible improvements such as buildings, structure, fixtures, roads, etc.

·    Capital Value - the total value of the property, excluding plant and machinery and includes the land value; or

·    Assessed Annual Value (AAV) - the estimated yearly rental value of the property, excluding GST, council rates and land tax, but is not to be less than 4% of the capital value of the property.

 

Council uses the AAV of a property as a basis for valuing land in the municipal area.  While some Tasmanian councils have recently adopted Capital Value as their valuation base, AAV is the most widely used property valuation base in Tasmania and has been used by Council since the 1850s.  The AAV method of valuing land reflects the property usage and notional income earning capacity of the property and therefore addresses the equity principle of taxation by determining ratepayers of similar wealth and calculating similar rates and determining that ratepayers of greater wealth pay more rates than ratepayers of lesser wealth.   Although expressed in terms of a notional rental value, the AAV has the same effect as an implied return on investment for the property with a minimum level of 4 percent. 

 

Adoption of Valuations

 

Setting rates based on property values, whether on land value, capital value or the assessed annual value (AAV) as determined by the Valuer-General, is a requirement of the Local Government Act 1993

 

Under the Valuation of Land Act 2001 the Valuer-General must determine the land value, capital value and assessed annual value of each property in the Hobart municipal area and provide this information to Council.  Council has no role in the process of determining the valuations ascribed to individual properties.

 

Council adopts the valuations made by the Valuer-General as provided to the Council and uses the valuation of each property as the basis for calculating the rates on that property. 

 

All land within the Hobart municipality is rateable except for land specifically exempt under section 87 of the Act.

 

Ratepayers are encouraged to contact the Office of the Valuer General if they have any objections in relation to their property valuation.

6.      Rates and Charges

Rates and charges are calculated each year during Council’s budget process.  The budget process involves Council setting its priorities and expenditure levels to enable the key strategic objectives outlined in Council’s Annual Plan to be implemented.  

 

Through the budget process Council also specifies its capital requirements to renew infrastructure assets, plant and equipment and create new essential infrastructure for the City; as well as the community programs and services it will provide in the next financial year; and how much these will cost.

 

A Council budget also estimates the revenue to be collected from other sources such as parking fines, Commonwealth and State grants, distributions from Council’s ownership interest in TasWater, rents, interest income and parking and other fees and charges.  Using these estimates Council determines the amount of revenue it needs to collect in rates revenue to meets its financial responsibilities for the coming year.

 

Council uses property values as the basis for calculating how much each property owner pays in rates.   Property values are not calculated by Council; they are provided to Council by the Office of the Valuer-General.  

 

After identifying how much it needs to collect in rates and charges, Council calculates the total amount required to fund waste management services, stormwater services, the State Government fire levy and landfill rehabilitation services leaving the balance required from General Rates.

 

Generally, the rate in the dollar is calculated by dividing the amount of money Council needs to raise to provide programs and services by the total $AAV of all rateable properties in the Hobart municipal area. 

 

The rate in the dollar is then multiplied by the value of a property, using the Assessed Annual Value, to establish the amount to be paid by each property owner. 

 

Example:

 

The total AAV of rateable properties within the municipality is $600,000,000 and Council needs to collect $44,000,000 in rates.  The rate in the dollar is 7.33 cents (44,000,000 ÷ 600,000,000).  The annual rates payable on a property with an AAV of 18,800 would be $1,378.04.

 

Council sets its budget annually to ensure it raises the budgeted amount required.  Valuations do not determine the rates income of a Council, and as a result, Councils do not gain windfalls from valuation increases and an increase in property values does not cause a rate rise. 

 

Council has adopted a simple rating structure by having one rate in the dollar for all properties.  Council raises its rates and charges through the following:

 

6.1     General Rate

 

Pursuant to section 90 of the Act, the General Rate is levied on all rateable properties within the Hobart municipality and provides revenue to fund over 300 Council programs and services, except those related to Council’s stormwater removal services, waste management services, landfill rehabilitation services and the State Government fire levy.   More information on the programs and services funded through General Rates is provided in section 7 below.

 

6.2     Stormwater Removal Service Rate

 

Pursuant to section 93 of the Act, the Stormwater Removal Service Rate is levied on all rateable properties within the Hobart municipal area.  It provides revenue that covers the operation and maintenance of the piped and non-piped stormwater systems and the waterways, which includes major rivulets and a host of minor watercourses.

 

In addition this revenue funds Council’s flood management activities and provides for the replacement of elements of the stormwater and waterways asset base.  This includes the kerb and guttering and underground stormwater pipes along Council’s roads and the general maintenance of Council’s rivulet’s and their tributaries.  As such these services have a public and community-wide benefit.

 

The Stormwater Removal Service Rate also contributes towards stormwater works in all roads, which allows residents to travel along those roads safely during rainfall. 

 

Council also has in place litter traps within stormwater systems and waterways to limit the amount of pollution entering the River Derwent.

 

6.3     Fire Service Rate

 

Pursuant to the Fire Services Act 1979, local government acts as a collection agent for this State Government tax, which is paid directly to the State Fire Commission.

 

Council has no control over the level of the Fire Service Rate.  It is required to collect this revenue on behalf of the State Government which is then passed onto the Tasmanian Fire Service.

 

The State Fire Commission identifies 3 districts for the Hobart municipality, being:

·    Fern Tree Volunteer Brigade Rating District;

·    Permanent Brigade Rating District; and

·    General Land.

 

There is a different fire service rate for each district, which is achieved through rates remissions.

 

6.4     Waste Management Service Charge

 

Pursuant to section 94 of the Act, the Waste Management Service Charge is levied on all rateable properties within the Hobart municipal area.

 

In addition to the standard kerbside waste and recycling collections, the waste management service charge provides revenue that covers a number of activities with a more general benefit such as solid waste minimisation initiatives and contributions to a range of recycling initiatives, which have a public and community-wide benefit. 

 

In 2010/11 Council introduced a waste management service charge following its decision to move away from AAV based rates for waste management and introduce a flat charge that all properties would pay.  Council felt that this would make the waste management service fairer and more equitable across the community. 

 

Non-residential properties pay double the waste management service charge of residential properties reflecting that a standard garbage collection service means:

 

·    In the case of a residential property, 120 litres of solid waste per week; or

·    In the case of a non-residential property, 240 litres of solid waste per week.

 

6.5     Green Waste Service Charge

 

Pursuant to section 94 of the Act, a Waste Management Service Charge for green waste collection is levied on all rateable properties within the Hobart municipal area to which Council supplies or makes available a green waste collection service utilising a green waste collection bin.

 

Service is provided to residential properties:

·    With three or less tenancies;

·    A land area between 400m2 and 4000m2; and

·    Located outside Sullivans Cover, the CBD and Fern Tree.

 

Properties outside the above area are able to Opt-in to the service.

 

All material collected goes to the McRobies Gully Waste Management Centre for processing into organic products such as mulch and compost.

 

For more information on the Green Waste collection service visit: https://www.hobartcity.com.au/Residents/Recycling-and-rubbish/Bin-collection/Green-waste-collection

 

6.6     Landfill Rehabilitation Service Charge

 

From 1 July 2011 Council introduced a temporary ratepayer levy to fund the rehabilitation of the McRobies Gully Waste Management Centre.  The levy appears on the annual rates notice as a Landfill Rehabilitation Service Charge.  The temporary landfill rehabilitation service charge was introduced because the McRobies Gully Waste Management Centre was considered to be nearing the end of its life as an active landfill.

 

The City has a permit to operate the landfill until 2030, at which point it will close and no new permit will be sought to operate a landfill within Hobart.  As such the City has a detailed level of certainty on key factors such as how long the landfill has left, how much rehabilitation is required, and how much it will cost to complete the works.  The Landfill Rehabilitation Service Charge has been amended to a lower annual amount, collected over a longer timeframe, and will be recovered from the rates commencing 1 July 2018 and ending on 30 June 2027.

 

Non-residential properties pay double the landfill rehabilitation service charge of residential properties reflecting the different waste collection volumes, being:

 

·    In the case of a residential property, 120 litres of solid waste per week; or

·    In the case of a non-residential property, 240 litres of solid waste per week.

 

.

 

 

Rehabilitation of the landfill involves installing an impervious layer of capping over the landfill and landscaping.  These works are required so as to prevent methane and other greenhouse gasses entering into the atmosphere, and to prevent rainwater entering the landfill, and are required by law under the permit issued by the Environment Protection Authority to rehabilitate the landfill upon closure.

The levy will apply until 2027.  The revenue received from the levy will be spent solely to rehabilitate the landfill. 

 

7.      What Programs and Services does Council provide?

 

Rates and charges revenue funds more than 300 services for the benefit of the Hobart community.   Many of Council’s services, such as stormwater drainage, are largely invisible, but they may prevent flooding in Hobart streets each year. 

 

Services include:

 

Roads

·    Maintenance of roads, footpaths, walkways and cycleways

·    Street lighting

·    Traffic Policy & Management - road safety, arterial route traffic management & local area traffic management

·    Special event traffic and pedestrian management

 

Parking

·    Operation and maintenance of off-street parking

·    On-street parking

 

Planning

·    Planning approval process for domestic construction or renovations

Community Initiatives

·    The Taste Festival

·    City of Hobart floral shows

·    Salamanca Market (Incl Busking)

·    Hobart Christmas Pageant

·    Carols by Candlelight

·    Sister City program

·    Public Art Program

·    Carnegie Gallery

·    City of Hobart Art Prize

·    Mathers House

·    Youth Arts and Recreation Centre

·    Civic Duties - Citizenship Day etc.

·    Bush Adventures Activities

·    Cultural and community events grants program

·    Home Energy Audit Kits

·    Climate Change actions

 

Public Health

·    School Immunisation Program

·    Council Immunisation Clinic

·    Availability and maintenance of public toilets and parenting rooms

·    Dog registration and livestock permits

·    Dealing with complaints about animals, including roaming, barking or dangerous dogs

·    Dogs on the Domain Program

·    Registration of food businesses and licensing of temporary food stalls

·    Food surveillance

·    Food handler training

·    Immunisation Clinics: Free clinics

·    Water treatment

·    Air quality

·    Noise

Waste Management

·    Operation of the McRobies Gully Tip and the Recycling Centre

·    Availability and emptying of public rubbish and recycling bins

·    Household waste and recycling collection

·    Roads & footpaths street cleaning, kerb & gutter crossovers and driveway care

·    Graffiti removal

·    Compost bins and compost

·    Worm farms

·    Green waste collection

Parks, Gardens & Bushland Reserves

·    Maintenance of parks, reserves and playgrounds

·    Removal of trees and clearance of vegetation

·    Street tree planting

·    Streetscape maintenance

·    Fire management

·    Weedbuster program

·    Bushcare program

·    Maintenance of bushland reserves and parks i.e. New Town Rivulet Linear Park, Knocklofty Reserve, Bicentennial Park, The Queens Domain, Waterworks and Ridgeway Reserves, Wellington Park

 

Sports and Recreation Facilities

·    Operation and maintenance of the Doone Kennedy Hobart Aquatic Centre

·    Learn to swim program

·    The Tasmanian Travel and Information Centre

·    Maintenance of sports and recreational facilities and sports grounds

·    Hire of venues

 

8.      Rebate of Rates

Under section 87 of the Act Council is required to grant a rebate of the General Rate to specific properties that are owned for specific purposes outlined in the Act. 

 

Applications for the rebate of rates under section 87 of the Act must be made in writing and include appropriate documentation to support the application.

 

Council’s Policy Rates Exemption – Charitable Purposes is available from Council’s website at: http://www.hobartcity.com.au/Council/Council_Policies

 

For more information contact Council’s Rates Office on tel: 03 – 6238 2787 or email: rates@hobartcity.com.au.

9.      Rates Remissions

9.1    Pensioner Remissions

Pensioners eligible for assistance under the Local Government (Rates and Charges Remission) Act 1991 may receive a rebate as follows, noting that limits apply:

 

·      State Government - 30% (maximum limits apply) 

·      State Fire Commission - 20% (of the Fire Service Rate)

·      Hobart City Council - $10

 

Pensioners are eligible for a remission if they hold the following cards:

·      Centrelink or Department of Veterans' Affairs Pensioner Concession Card

·      Centrelink Health Care Card

·      Department of Veterans' Affairs 'Gold Card' endorsed with TPI or War Widow

 

The card holder must be legally responsible for the rates on the property and be their principal place of residence.  In the case of joint ownership, at least one of the owners must meet the eligibility criteria.  There is a limit of one remission per year per pensioner household.

 

Pensioners who received a remission last year should receive a remission automatically.  Any pensioner who has not previously received a remission must complete an application form and possess a current Pensioner Concession Card (PCC) with a date of grant on or before 1st July of the current financial year.

 

An application form is available from the Customer Service Centre, 16 Elizabeth Street, Hobart.  It is necessary that current concession cards be presented to Customer Service when submitting an application form.

 

Eligibility of a pensioner remission is determined by the State Government - Department of Treasury and Finance and not by Council.

 

Pensioners in receipt of a Commonwealth Seniors card or who are members of the Independent Retirees (that are not already receiving the State Government pensioner remission) are eligible for the $10.00 remission from Council.

 

9.2     Rate Remissions

 

·                Pursuant to section 129 of the Act, a ratepayer may apply to the Council for remission of all or part of any rates paid or payable or any penalty imposed or interest charged under section 128 of the Act.

·                 

·                Applications for rates remissions should be made in writing and addressed to the General Manager.

·                 

·                The General Manager is authorised to grant a rates remission up to the value of $2000. Where the value of the rates remission exceeds $2000 the authority of the Council is required, by absolute majority.

 

Generally, a property will only receive a remission of the stormwater service rate and / or the waste management service charge in the event that:

 

·    The property does not receive and is not capable of receiving a standard garbage collection service or stormwater service from the Council whatsoever; and

·    Even if the property were capable of receiving such a service, a request to Council for such a service would be denied.

 

The term ‘standard garbage collection service’ means:

 

·    In the case of a residential property, 120 litres of solid waste per week; or

·    In the case of a non-residential property, 240 litres of solid waste per week.

 

This does not affect any remissions the Council may grant as part of setting the General Rate and Service Rates and Charges in any given year.

 

The criteria for granting a remission of penalty and/or interest charges is based on extenuating circumstances, as follows:

·    Penalty was incurred as a result of an error on the part of Council staff such as a receipting error;

·    The amount was paid to a past property or using an incorrect property number;

·    The ratepayer is able to provide evidence that their payment has gone astray in the post or late payment has otherwise resulted from matters outside their control e.g. a disruption to normal banking service;

·    If a new owner receives penalty and / or interest resulting from the Notice of Sale procedure i.e. lateness of issue of sale notice, incorrect postal address or late payment of rates on property settlement.

·    Council accepts that there are extraordinary or compassionate grounds for the remission.  Examples are:

o Serious illness or accident of ratepayer or family member at the due date;

o Death of immediate family member at the due date; and

o Birth.

·    Other extenuating circumstances not outlined above that are considered reasonable by the General Manager.

Requests for penalty and/or interest remissions should meet the following conditions:

·    Requests must be made in writing to the General Manager.

·    A good payment history which means that over the past 2 years all instalments of rates have been paid on time and payment is made within a short time following the ratepayer becoming aware of the non-payment.

·    No previous penalties or interest amounts have been remitted for the two years immediately prior to the application for penalty and/or interest remission.

·    The ratepayer attempted to have the amount paid on time and/or extenuating circumstances exist for its non-payment on time. 

Each application will be considered on its merits and remission will be granted where it is considered just and equitable to do so.

10.   Payment of Rates

Council levies the rates once a year and issues an annual rates notice to all ratepayers.  Rates are due for payment on the following dates each year:

 

·    15 August

·    15 November

·    15 February

·    15 April

 

Rates can be paid in full by the first instalment due date, by two equal amounts on the first and third instalment due date or paid in four equal amounts on the instalment due dates shown above.

 

Council does not offer a discount for the early payment of rates or for paying rates in full by the first instalment due date.

 

Council offers a range of convenient and flexible payment options for the payment of rates, as follows:

 

Payment in Person

·                The rates notice should be presented intact when making a payment at the Customer Service Centre, 16 Elizabeth Street, Hobart between 8.15am and 5.00pm, Monday to Friday. 

·                 

Telephone

·                Telephone payments can be accepted for holders of Visa or MasterCard by calling the payments hotline on 1300 886 745, 24 hours a day, every day. 

·                 

Internet

·                Internet payments can be made by Visa or Mastercard at Council's Payments page.  Call your bank, credit union or building society to arrange payment from your cheque or savings account.

 

BPay

·                Bpay payments can be made from a cheque or savings account only.  Please refer to your rates notice for your BPay reference number.

·                 

Mail

·                Cheques or money orders should be made payable to Hobart City Council and posted to 'The General Manager, Hobart City Council, GPO Box 503, Hobart 7001'.  Receipts for cheques are subject to due collection of money.  Council will not accept post dated cheques.

·                 

Australia Post

·                Payment is accepted at all Australia Post offices in the state.  Payment must be made by the due date and the notice presented intact at time of payment.

·                 

Direct Debit

·                Payment can be made by direct debit.  For further information please contact the Rates Office on 6238 2787, email rates@hobartcity.com.au or complete the Direct Debit Request form and return it to Council. 

·                 

11.   Late Payments

Council will exercise its rate recovery powers under the Act in order to reduce the overall rate burden on ratepayers and to better manage the scarce financial resources of Council.  It will be guided by the principles of:

 

·    Responsibility – making clear the obligations of ratepayers to pay rates.

·    Transparency – making clear the consequences of failing to pay rates.

·    Accountability – ensuring due legal processes are applied to all ratepayers in the recovery process.

·    Capacity to pay – negotiating arrangements for payment where appropriate.

·    Equity – applying the same treatment for ratepayers with the same circumstances.

 

Rates are due for payment on the instalment due dates outlined in section 10.  Council does not send final reminder notices to those property owners that do not pay their rates by the instalment due date.

 

Where rates remain unpaid after the instalment due date Council will charge a penalty on unpaid instalments in accordance with section 128(1)(c) of the Act, and thereafter interest will be charged monthly. 

 

The purpose of penalty and interest is to act as a deterrent to ratepayers who might otherwise fail to pay their rates on time, to allow Council to recover the administrative cost of following up unpaid rates and to cover any interest cost the council may meet because it has not received the rates on time.

 

Any ratepayer who may, or is likely to, experience difficulty with meeting the standard instalments and due dates can contact Council to discuss alternative payment arrangements.  Requests should be made in writing.  It should be noted that penalty and interest will still be levied in accordance with section 128(1)(c) of the Act under any payment arrangement.

 

Rates and charges are payable within the period as stated on the rate notice.  Should a ratepayer fail to pay within the stipulated period or not enter into an approved arrangement to pay Council may institute the following procedure.

 

·    If rates are not paid, a letter will be sent advising the ratepayer that any arrears will be summonsed unless arrears are paid or a satisfactory arrangement entered into.  Council will make every effort to contact ratepayers to collect outstanding rates prior to taking further action.

·    In response to approaches by ratepayers who have difficulty in meeting scheduled payments, suitable arrangements for payments will be considered and may be entered into.

·    Where rates remain unpaid, a summons for arrears is issued.

·    However, if a ratepayer has made satisfactory arrangements with Council to clear rates arrears and has adhered to those arrangements, summons will not be required.

 

Section 131 of the Act provides that when the Council receives a payment in respect of the rates, the Council applies the money received as follows:

 

·    First – to satisfy any costs awarded in connection with court proceedings

·    Second – to satisfy any interest imposed

·    Third – to satisfy any penalty imposed

·    Fourth – in payment of rates, in chronological order (starting with oldest amount first).

 

11.1   Sale of Land for Non-Payment of Rates

 

Section 137 of the Act provides that a Council may sell any property where the rates have been in arrears for three years or more.  Council is required to notify the owner of the land of its intention to sell the land, provide the owner with details of the outstanding amounts, and advise the owner of its intention to sell the land if payment of the outstanding amount is not received within one month.

12.   Objection Rights

Pursuant to section 123 of the Act a person may object to a rates notice on the following grounds:

·    The land specified in the rates notice is exempt from the payment of the rates.

·    The amount of the rates is not correctly calculated.

·    The basis on which the rates have been calculated does not apply.

·    He or she is not liable for payment of the rates specified in the rates notice.

·    He or she is not liable to pay the rates for the period specified in the rates notice.

 

An objection is to be made in writing within 28 days after receipt of the rates notice and lodged with the General Manager.

 

If a ratepayer has enquiries related to their property valuation or is dissatisfied with a property valuation then an objection may be made to the Office of the Valuer-General (OVG) by contacting.

 

Office of the Valuer-General
GPO Box 44
Hobart TAS 7001
Phone: 03 6165 4444 (Option 2)

Email: 
ovg.enquiries@dpipwe.tas.gov.au

 

13.   More Information

For more information on Council rates and charges please contact Council’s Rates Unit on:

Tel: 6238 2787
Tel: 6238 2183
Tel: 6238 2833

Email: rates@hobartcity.com.au

Or visit Council’s website at: https://www.hobartcity.com.au/City-services/Rates


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6.8    Lease 12 Selfs Point Road

          File Ref: F18/29498

Report of the Manager Legal and Governance of 10 May 2018 and attachments.

Delegation:     Committee


Item No. 6.8

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REPORT TITLE:                  Lease 12 Selfs Point Road

REPORT PROVIDED BY:  Manager Legal and Governance

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to seek the Council’s approval for the extension of a lease of premises at 12 Selfs Point Road New Town to the Hobart Cat Centre Inc.

2.         Report Summary

2.1.     The Council has received a request from the Hobart Cat Centre Inc. known as Ten Lives Cat Centre (“the Cat Centre”) to extend its lease at Council’s premises at 12 Selfs Point Road Cornelian Bay.  A copy of the letter of request is at Attachment A.

2.2.     The Cat Centre has a current lease of the premises at 12 Selfs Point Road until 2025 and is seeking a further five plus five year term taking the lease to 2035.  As explained in the letter of request, the extension of the lease term will allow the Cat Centre to invest in the premises and improve the facility for “the next decade and beyond”.

2.3.     The Cat Centre is a not for profit organisation (NFPO) and can be considered as meeting the criteria for leasing to NFPO’s, enabling the Council to extend the lease agreement at a reduced or nominal rate.

2.4.     It is proposed that approval for an extension of the current lease from its expiry in 2025 for a further five plus five year term be granted to the Cat Centre.

3.         Recommendation

That:

1.      The Hobart Cat Centre Inc., known as Ten Lives Cat Centre, be granted a further term of its lease at 12 Selfs Point Road New Town, on the expiration of its current lease in December 2025, for a term of five(5) plus five(5) years, at a nominal rent.

2.      The General Manager be authorised to finalise the terms and conditions of the agreement and to execute the agreement on the Council’s behalf.

3.      The lease be recorded in the City’s Annual Report in accordance with its policy on “Leases to Non-Profit Organisations”

 


 

4.         Background

4.1.     The Cat Centre has leased premises at 12 Selfs Point Road for over 40 years.  In that time the organisation has assisted the community by caring for unwanted cats from the greater Hobart area. The Cat Centre also rehomes, micro-chips, de-sexes and vaccinates cats as well as providing an educational program for schools.

4.2.     On 7 March 2018 the Manager of the Cat Centre, Mr Noel Hunt, wrote to the General Manager to confirm the Cat Centre’s interest in extending its current lease beyond the current expiry date on 31 December 2025.  The further term sought is five (5) plus five (5) years. 

4.3.     A copy of the letter is at Attachment A.

4.4.     The Cat Centre is an incorporated association and as such is applying to be considered once again for a subsidised or nominal rent on the basis that it is a not for profit organisation.

4.5.     The Council policy Leases to Non-Profit Organisations (NFPO) details a number of requirements to be considered when assessing lease requests to NFPO’s.

4.6.     The request for lease renewal has been assessed against the criteria in the policy. 

4.6.1.     The use of the property serves as a community benefit.

4.6.2.     It aligns with Council’s Strategic Plan for strong safe and healthy communities.  The community benefit includes both heath, well-being and environmental.

4.6.3.     The level of community benefit provided is primarily to provide the community with a self-funded not for profit cat welfare organisation. 

4.6.4.     The Cat Centre also seeks to educate the community through its message of responsible cat ownership; de-sexing to reduce the unwanted number of cats and kittens; micro-chipping to assist with the return of cats to their owners and containment to improve the welfare of cats, community relationships and protect birds and wildlife.

4.6.5.     The Cat Centre also has a curriculum aligned feline education program focusing on responsible cat ownership with the aim to create social change in how people care for cats and protect wildlife.

4.6.6.     There is also a program for volunteers which, according to the Cat Centre’s web-site, enables people to learn about cats and their behaviour, meet like-minded people and give back to the community.

4.6.7.     The leased building is in a second grade commercial area which may not otherwise be in high demand due to its location.

4.6.8.     The Cat Centre has occupied the site successfully for over 40 years and has provided a substantial benefit to the community. Consequently no alternative use for the site has been contemplated.

4.6.9.     The Cat Centre has shown itself to be a viable and capable organisation having served the community for over 40 years.

4.6.10.  The Cat Centre is considering its future accommodation requirements and has developed some concept plans for 12 Selfs Point Road which if approved could see a million dollars invested back into the facility.

4.6.11.  The Cat Centre has maintained the facility at its own cost up to this time.  Any future development would be funded by the Cat Centre and its supporter base.

4.6.12.  The organisation carries out a vital role within the community and is able to do this through the donations it receives.  In addition it operates cat fostering and adoption programs as well as providing the community with an educational program for schools and a volunteer organisation for interested members of the community.

4.6.13.  The Cat Centre has complied with the terms of its current lease’s terms and conditions.

4.6.14.  Opteon has undertaken a valuation of the premises at 12 Selfs Point Road New Town.  The valuation is at Attachment B.

4.6.15.  Given the plans to refurbish the Centre, a further five plus five year term is a reasonable request in the circumstances.  The Cat Centre intend to fund the construction of the refurbishment and will be making a substantial investment in the site.

5.         Proposal and Implementation

5.1.     It is proposed that the Council grant the Cat Centre an extension of its lease for a further five plus five year term from the expiry of its current lease in December 2025 for a nominal rent.

5.2.     The General Manager be delegated the authority to negotiate the terms of the lease.

5.2.1.     The Cat Centre be responsible for outgoings.

5.3.     In accordance with the City’s policy “Leases to Non-Profit Organisations”, the leases would be recorded in the City’s Annual Report.

6.         Strategic Planning and Policy Considerations

6.1.     Priority Area of Activity 4 – “Strong, Safe and Healthy Communities”

6.2.     Strategic Objective 4.2 – “City facilities and open spaces support healthy lifestyles”

6.2.1.     4.2.2 – Support effective utilisation of city facilities, infrastructure and open spaces.”

6.2.2.     4.2.4 – deliver and support recreation, education, social and healthy living programs and activities in city facilities.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     There will be no funding required as a result of this proposal.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     There will be no impact on future years’ operating result.

7.3.     Asset Related Implications

7.3.1.     The premises at 12 Selfs Point Road will be renovated by the Cat Centre Inc. thereby improving the City’s asset.

8.         Legal, Risk and Legislative Considerations

8.1.     The lease agreement will be prepared by Council’s Legal Services Officer for the Cat Centre Inc.

9.         Delegation

9.1.     This matter is delegated to the Finance and Governance Committee.

 

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.

 

Paul Jackson

Manager Legal and Governance

 

 

Date:                            10 May 2018

File Reference:          F18/29498

 

 

Attachment a:             Cat Centre letter of request  

Attachment b:             12 Selfs Point Road Valuation   


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Item No. 6.9

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Finance and Governance Committee Meeting

Page 153

 

15/5/2018

 

 

Governance

 

6.9    Local Government (General) Regulations 2015

          File Ref: F18/42841; S16-001-02/18

Report of the General Manager of 8 May 2018 and attachments.

Delegation:     Council


Item No. 6.9

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Page 154

 

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Memorandum: Finance and Governance Committee

 

Local Government (General) Regulations 2015

 

The Local Government (General) Regulations 2015 are currently being reviewed by the Local Government Division of the Department of Premier and Cabinet (LGD).  In December 2017 the Council considered a report on a consultation paper circulated by the LGD and resolved, inter alia, that:

1.   The Council consider its position with respect to the following issues in respect to the provisions around gifts and benefits contained in the proposed changes to the Local Government (General) Regulations 2015:

(i)         The minimum threshold for disclosure for gifts and benefits be set at $50.00;

(ii)        The timing of disclosure of gifts or donations be a maximum of 7 days; and

(iii)       The timing of making the register public be monthly.

 

2.   In addition to the above, the Council provide feedback to the Local Government Association of Tasmania in relation to the proposed changes to the Local Government (General) Regulations 2015 in the following terms:

(i)         The Council supports the increases to electoral advertising limits for an aldermanic/ councillor candidate to $6,500 and $10,500 for an alderman and mayor or deputy mayor candidate;

(ii)        The Council supports the proposed inclusions to the Declaration of Office provided that the term ‘professional development’ is defined and, in this respect, the Local Government Division of the Department of Premier and Cabinet develop, in consultation with councils and other relevant stakeholders, a model professional development policy that provides clear guidance as to its requirement; and

(a) In the interest of good governance, the Declaration of Office process be accompanied by the attestation of compliance with the Good Governance Guide for Local Government in Tasmania.

 

Draft Local Government (General) Amendment Regulations 2018 (“the Amendment Regulations”) have now been circulated to the Local Government Association of Tasmania seeking comment from the sector.

Attached to this memorandum is self-explanatory correspondence from the Director of Local Government and a copy of the draft Amendment Regulations.

In relation to the Council’s submission in December 2017, the minimum value of a gift to be declared is set at $50 – consistent with the Council’s decision.  The timeframe for declaring that is proposed at 14 days, compared to the Council’s submission of 7 days and the Amendment Regulations is silent with respect to the register being made public.  It is not a requirement of the Amendment Regulations or the Local Government Act 1993 (“the Act”) that the register be proactively made public at all.  All that is required is for the General Manager to maintain a register including certain information.

The Council supported increases to the electoral advertising limits and the Amendment Regulations place this at a $10,000 limit for all candidates irrespective of whether they nominate for mayor, deputy mayor or councillor.  This limit will be indexed.

The final part of the Council’s submission is in relation to the declaration of office.  The Amendment Regulations alter the declaration of office such that a successfully elected councillor will have to declare that they will engage in ongoing professional development.  No provision has been made to define ‘professional development’.  The Director has indicated to the General Manager that there is no intention to define this term in the Amendment Regulations and that it ought to be construed according to its ordinary meaning and common sense.  In addition the Director has referred to the Ministerial Directions issued to Glenorchy City Council in January 2018 as providing indicative areas for professional development to focus on.

The General Manager is intending to meet with the Director in order to report back to the Finance and Governance Committee (FGC) in relation to the Council’s professional development approach more generally for the FGC’s June meeting.

Given the above, it is proposed that the Council restate its position that if the declaration of office is to amended as reflected in the Amendment Regulations then the term ‘professional development’ ought to be defined and that the LGD develop a model professional development policy that provides clear guidance as to its requirement.

 

REcommendation

That:

1.      The Council make a submission to the Local Government Association of Tasmania that the Council supports the inclusion to the Declaration of Office that an Alderman declare they will engage in ongoing professional development provided that the term ‘professional development’ is defined and, in this respect, the Local Government Division of the Department of Premier and Cabinet develop, in consultation with councils and other relevant stakeholders, a model professional development policy that provides clear guidance as to its requirement; and

(a)     In the interest of good governance, the Declaration of Office process be accompanied by the attestation of compliance with the Good Governance Guide for Local Government in Tasmania.

 

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:                            8 May 2018

File Reference:          F18/42841; S16-001-02/18

 

 

Attachment a:             Correspondence from Director Local Government dated 24 April 2018   


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Item No. 6.10

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 169

 

15/5/2018

 

 

6.10  TasWater Update

          File Ref: F18/42932

Report of the General Manager of 10 May 2018 and attachments.

Delegation:     Council


Item No. 6.10

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Page 170

 

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Memorandum: Finance and Governance Committee

 

TasWater Update

 

Introduction
The purpose of this report is to provide an update to the Council on matters relating to TasWater.

 

Discussion
On 1 May 2018, the State Government, Chief Representative of the TasWater Owners Group and TasWater announced a memorandum of understanding (MOU) to bring an end to the debate about future ownership of TasWater (attachment).

 

The MOU is the result of discussions aimed at addressing key issues by both parties during the ownership debate last year and seeks greater collaboration going forward between the State Government, councils and TasWater.

 

The MOU will pave the way for a package of reforms that will be presented to council owners and, if supported by councils, tabled in Parliament to enable implementation on 1 January 2019.

 

Under the agreement, the Government will inject $20 million per year for the next ten years into TasWater and in return will become a shareholder of TasWater.  Local Government will retain majority ownership in TasWater and new governance arrangements will ensure that State and Local Government will work together with TasWater’s board to deliver the capital program.

 

The State Government has elected not to receive dividends from TasWater with councils continuing to receive payments as agreed.  Councils will be in a position to continue providing essential services without the need to raise additional revenue.

 

The return to councils of $20 million per year for the next eight years (with indexation beyond that) is effectively guaranteed.  Prices for regulated services will be frozen from 1 July 2019 to 30 June 2020 with price increases after 1 July 2020 for regulated services to be no greater than 3.5%.  Prices for regulated services will continue to be subject to the review of the Tasmania Economic Regulator.  Under the MOU, future regulated water and sewerage prices will be capped until 30 June 2025.

 

Council oversight of TasWater will be unchanged, however the State Government alongside councils will have input in some areas including approval of the Corporate Plan.   A State Government representative will also join the TasWater Board selection committee.

 

 

All parties to the MOU are committed to working together to progress major projects such as the Launceston Sewerage Improvement Program (LSIP) and works at Macquarie Point.  This will include endeavours to secure Australian Government funding.

 

The MOU still needs to be ratified by the Owners’ Representatives Group and legislation will need to be tabled in Parliament and approved by the House of Assembly and the Legislative Council.  The parties will work together to get the necessary Agreement and documentation to enable implementation on 1 January 2019.

 

The Board of TasWater has endorsed the MOU believing it to be in the best interests of TasWater, its customers, Owner Councils and Tasmania.

 

A special Meeting of Owner Councils will be convened in due course with the papers for the meeting to provide comprehensive details of the proposal and include various proposed resolutions involving modifications to the TasWater Constitution that are necessary to give effect to the proposal.  Any changes to the Constitution will be subject to Parliament endorsing the contingent legislative changes.

 

On face value, the proposal provides an opportunity to move on from the ownership debate in a cooperative and collaborative manner with all levels of government working in partnership for the benefit of the Tasmanian community and has the support of the TasWater Board, Chief Representative of the TasWater Owners Group and the Local Government Association of Tasmania.  

 

Proposal
It is proposed that the Council provide in principle support for the proposed changes to Taswater, subject to it being satisfied with the legislation, any changes to the TasWater Constitution, and the TasWater briefing by the Chairman and Chief Executive Officer on 29 May 2018.

 

 

REcommendation

That:

1.      That the information be received and noted.

2.      The Council provide in principle support for the proposed changes to TasWater, subject to it being satisfied with the legislation, any changes to the TasWater Constitution and the TasWater briefing by the Chairman and Chief Executive Officer on 29 May 2018.

 

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 May 2018

File Reference:          F18/42932

 

 

Attachment a:             Joint Media Release and MOU   


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Item No. 6.11

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6.11  2017-18 Annual Plan - Progress Report
Period Ending 28 February 2018

          File Ref: F18/38502

Report of the Associate Director City Economy, Tourism and Events of 7 May 2018 and attachments.

Delegation:     Council


Item No. 6.11

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REPORT TITLE:                  2017-18 Annual Plan - Progress Report
Period Ending 28 February 2018

REPORT PROVIDED BY:  Associate Director City Economy, Tourism and Events

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to provide the Council with an account of the progress against each of the major actions and initiatives within the 2017–18 Annual Plan (refer Attachment A, 2017–18 Annual Plan Progress Report: period ended 28 February 2018).

1.2.     The Annual Plan sets out major actions and initiatives for the third year of the Capital City Strategic Plan 2015–2025. Central to the Strategic Plan is the long-term vision for the City representing a shared understanding of what Hobart should be like in 2025.

2.         Report Summary

2.1.     The Annual Plan is required pursuant to S71 of the Local Government Act 1993.

2.2.     The period from 1 July 2017 to 28 February 2018 has seen the commencement of 95 per cent of major actions and initiatives, 74 per cent are underway, 21 per cent completed and 5 percent are not yet started.

2.3.     The City continues to progress a number of its major medium-term projects which include the capital works program Transforming Hobart, the implementation of new business systems (Project Phoenix), the visioning exercise to renew the Council’s longitudinal strategy and leading discussions in relation to a Capital City Act and a City Deal for Hobart.

 

3.         Recommendation

That the Council endorse the 2017–18 Annual Plan Progress Report: period ended 28 February 2018, marked as Attachment A to this report.


 

4.         Background

4.1.     The Annual Plan is required pursuant to S71 of the Local Government Act 1993 that describes the actions to be undertaken to achieve the objectives of the Strategic Plan.

4.2.     The Strategic Plan is a requirement pursuant to S66 of the Local Government Act 1993 and the Local Government (Miscellaneous Amendments) Act 2013. The Council is required to develop a strategic plan every ten years and review at least every four years.

4.3.     The Council at its meeting on 9 November 2015 endorsed a new ten year strategic plan titled Capital City Strategic Plan 2015-2025.

4.3.1.     The Strategic Plan is due for review November 2019.

4.4.     The Council at its meeting on 3 July 2017 adopted the City of Hobart Annual Plan for the 2017–18 year which sets out how the strategic objectives of the ten-year strategic plan will be met.

4.5.     Three reports are prepared throughout the financial year providing an account on progress against each of the major actions and initiatives in the Annual Plan. The reporting periods for the 2017–18 Annual Plan are as follows:

4.5.1.     Progress Report – period ending 31 October 2017

4.5.2.     Progress Report – period ending 28 February 2018

4.5.3.     Final Report (Annual Report) – period ending 30 June 2018

4.6.     Accordingly, this report is the second report of which details the status of all major actions and initiatives for the period ending 28 February 2018.

Progress

4.7.     The first eight months of 2017–18 have seen the commencement of 95 per cent of major actions and initiatives. As illustrated in the following graphs, 74 per cent are underway, 21 per cent completed and
5 per cent are not yet started.


 

Overview of progress by goal

 

Overview of progress

 

Progress in relation to medium-term projects through key actions from the Annual Plan.

4.8.     Through the major actions and initiatives within the Annual Plan the City of Hobart continues to progress its medium-term projects which include the capital works program Transforming Hobart, the implementation of new business systems Project Phoenix, the visioning exercise to renew the Council’s longitudinal strategy and leading discussions in relation to a Capital City Act and a City Deal for Hobart.


 

Transforming Hobart

Preliminary works have commenced for both the shared-use pedestrian bridge over the Tasman Highway joining the Cenotaph to Soldiers’ Memorial Avenue and the all abilities shared access bridge, Brooker Highway.

The integrated parking system is on schedule and due to be completed early 2018.

Construction has commenced in October on the Lenah Valley retail precinct program.

Community consultation has commenced for the New Town retail precinct program. A Project Action Team has been established and concept plans are currently exhibition until mid-April.

The design and documentation phase of the refurbishment of the Doone Kennedy Hobart Aquatic Centre is underway and due for completion in August 2018. The construction phase of the refurbishment is scheduled to commence in November 2018.

Works on the replacement of the playing surface on the Tasmanian Cricket Association (TCA) Ground are now complete.

4.9.     The implementation of new business systems Project Phoenix, continues with the new payroll module in user acceptance testing. Configuration of Finance, Property and Rating, Customer Request Management, Planning, Building and Plumbing, Stores and Inventory, Licences and Permits, Animals, and Infringements are on track for implementation in 2018.

4.10.   The visioning exercise continued community engagement through wider activities including a survey in the City News, sent to every residence and business in Hobart (with approximately 600 responses), a survey on Your Say Hobart, three pop ups in November 2017 (Salamanca Market, Farm Gate Market, and the Christmas tree lighting) and a workshop with over 50 Hobart primary school students, as part of Children’s Week celebrations.

Organisations, businesses, government bodies and community groups were invited to provide a written submission and stakeholder representatives participated in three 2-hour stakeholder engagement workshops held late January and early February.

A Community Panel, held over two evening and two full-day sessions in February, composed of approximately 50 community members and business people, were tasked with creating a vision statement along with key objectives and recommended strategies.

4.11.   The Council continues to advocate for the University of Tasmania’s STEM project to be the centre of a City Deal for Hobart.

A Heads of Agreement for a Hobart City Deal was signed by the Prime Minister and Premier on 16 January.

The Agreement calls to establish a Greater Hobart Act to provide a strategic framework of local councils in the region and the State Government to work together to implement the objectives of the Hobart City Deal.

An Energy Savings Action Plan for 2018–20, with the objective of planning the identification, investigation, scoping and implementation of energy saving initiatives for the City’s operations, was approved by the Council in October.

Completed and underway

Of the total 133 initiatives listed within the 2017–18 Annual Plan, 98 are underway with 28 completed. Comments relating to each action are included in this report as Attachment A (2017–18 Annual Plan Progress Report: period ended 28 February 2018).

Yet to commence

The following initiatives are yet to commence:

4.12.   Review and create a new parking strategy that encompasses the introduction of the integrated parking system and the central control system for car parks, with links to the transport strategy as appropriate.

This review is programmed to commence following the installation of the Integrated Parking System.

4.13.   Complete first stage design and commence reconstruction of Carlton Street, New Town.

Project has been deferred to 2019–20. Design will commence in
2018–19.

4.14.   Complete a stormwater plan for the urban portions of the New Town Rivulet catchment.

Awaiting finalisation of New Town Rivulet Flood Study Report.

4.15.   Implement the revised Guidelines for the Control of Legionella and the revised Recreational Water Quality Guidelines.

The Health Protection branch of the Department of Health and Human Services has revised the issue date and advised it is unlikely that the new Guidelines will be released this financial year.

4.16.   Scope the planning and delivery of a new strategic measurement system to track annual and longitudinal performance.

This project is expected to commence after the completion of the Vision Project as this will inform the City’s longer-term strategic planning.

4.17.   Introduce a welcome pack for refugee arrivals to Hobart.

A welcome pack will be developed in 2018.

5.         Proposal and Implementation

5.1.     It is proposed that the Council endorse the Annual Plan Progress Report for the period ended 28 February 2018.

6.         Strategic Planning and Policy Considerations

6.1.     The preparation of the report provides an account of the major actions and initiatives identified for the 2017–18 financial year as set out in the Annual Plan.

6.2.     The major actions and initiatives progress the City of Hobart in achieving the Goals in the ten year strategic plan.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     The Annual Plan is a companion document to the annual budget estimates.  All major actions and initiatives identified within the Plan have budget allocations.

8.         Legal, Risk and Legislative Considerations

8.1.     The City of Hobart’s Strategic Risk Register addresses the strategic risks associated with the implementation of the Capital City Strategic Plan 2015-2025.

8.2.     The successful implementation of the Annual Plan contributes to mitigating these risks.

8.3.     The Annual Plan is required pursuant to S71 of the Local Government Act 1993 and sets out how the strategic objectives of the ten year strategic plan will be met during 2017–18.  This report provides detail on the progress of the implementation of the major actions and initiatives for the period ended 28 February 2018.

9.         Environmental Considerations

9.1.     None arise from this report.

10.      Social and Customer Considerations

10.1.   The preparation of regular progress reports and the Annual Report is an important activity in communicating to the community the many achievements of the Council as well as fulfilling a number of statutory requirements.

11.      Marketing and Media

11.1.   Refer to 10.1 above.

12.      Community and Stakeholder Engagement

12.1.   Directors, Executive Officers and responsible officers were consulted in the preparation of this report.

13.      Delegation

13.1.   This matter is delegated 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.

 

Tim Short

Associate Director City Economy, Tourism and Events

 

 

Date:                            7 May 2018

File Reference:          F18/38502

 

 

Attachment a:             2017-18 Annual Plan Progress Report; period ending 28 February 2018   


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Item No. 6.12

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6.12  Draft Vision Document - Hobart: A Community Vision for our Island Capital

          File Ref: F18/38764;  F18/38764

Report of the Project and Research Officer and Acting Associate Director Community Development  of 10 May 2018 and attachment.

Delegation:     Council


Item No. 6.12

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 224

 

15/5/2018

 

 

REPORT TITLE:                  Draft Vision Document - Hobart: A Community Vision for our Island Capital

REPORT PROVIDED BY:  Project and Research Officer

Acting Associate Director Community Development

 

1.      Report Purpose and Community Benefit

1.1.     The purpose of this report is to present the draft Hobart City Vision document, Hobart: A community vision for our island capital, to Aldermen for consideration and seek endorsement for the draft vision to be released for broad community engagement (Attachment A).

1.2.     Hobart: A community vision for our island capital has been drafted to directly reflect the views and aspirations of the Hobart community and is the result of over 1000 contributions to the project to date.  Through the next stages of this project, the wider community will have the opportunity to review and comment on the vision document.

2.      Report Summary

2.1.     The main period of community engagement for the vision project began in September 2017 and concluded with the Community Panel’s presentation to the Finance and Governance Committee on 14 March 2018.

2.1.1.     The engagement involved five major phases:

·     Phase 1: Talking to Hobart interviews (September - October 2017; 214 participants)

·     Phase 2: City Forum (November 2017; 116 participants)

·     Phase 3: Wider engagement (October 2017 - January 2018; 528 survey responses)

·     Phase 4: Stakeholder workshops (January - February 2018; 44 attendees)

·     Phase 5: Community Panel (February - March 2018; 46 panellists)

2.1.2.     The20, the consultants for the engagement and communications aspects of the project, have compiled a full report on engagement findings.  A copy of the report has been provided to Aldermen.

2.2.     The Community Panel was a group of 46 Hobart community members and businesspeople from across the city.

2.2.1.     The majority of panellists were recruited as part of a random stratified sample through the Tasmania-based market research company, EMRS.

2.3.     The panel deliberated on the preceding stages of engagement and other inputs to formulate a draft vision.

2.3.1.     Their draft framework included an overall vision statement, vision statements on eight focus areas (pillars), and long-term objectives and strategies for each pillar.

2.4.     The panellists’ draft framework was considered and edited by Council officers, to ensure the key themes from the previous stages of engagement were included in the document.  Panellists then had the opportunity to comment on the edits to their draft.

2.4.1.     The draft vision to go out to wider engagement comprises the combination of the panellists’ work, City of Hobart officers’ edits and panellist feedback on those edits.

3.      Recommendation

That:

1.       The Council receive and note the draft Hobart: A community vision for our island capital document and it be endorsed for release for broad community engagement for the period of a month until mid-June 2018.

2.       A further report be provided detailing the outcome of the community engagement, and the final document for approval.

 

4.      Background

4.1.     Aldermen may recall that two research projects helped to inform the Council decision to create a new, community-led vision document to guide the City’s strategic planning.

4.1.1.     A preliminary report evaluated changes that had occurred in Hobart since the first vision document was created in 2006. The report was used to help inform the decision to update or create a new vision.

4.1.2.     A second report evaluated global trends in city visioning and long-range strategies, including document structures, content, and community engagement methods, and related initiatives. The report reviewed examples from over 60 cities in 37 countries.

4.1.3.     The Governance Committee received a presentation on that report, along with specific recommendations as to means of undertaking the project to create a new vision.  On 6 March 2017, the Council decided inter alia:

“That:    1.    The Council reaffirm its commitment to creating a new vision or long-range strategy for the City of Hobart.

2.    The process to create a new vision commence in early 2017.

3.    The process to create the new vision involve broad-scale community engagement, including:

(i)      Both online and offline methods, including web and social media presence and a range of in-person interactions.

(ii)     Incorporating techniques of relevance to long-range strategy, such as strategic foresight, systems thinking, and participatory democracy.

(iii)    Building vision-specific partnerships with key stakeholders, such as the University of Tasmania and metropolitan local government entities.

(iv)    Wherever practicable, entering into direct dialogue with leading cities in relation to the development and measurement of individual and aspirational visions, to assist the process.

4.    The process to create the new vision involve comprehensive pre-engagement planning, including:

(i)      A dedicated communications strategy, including provisions for project branding, marketing and messaging.

(ii)     A dedicated research and evaluation strategy, including provisions for data collection and analysis.

5.    Regular updates be provided to ELT and the Council.”

4.2.     The below summary outlines the major stages of community engagement for the vision project, designed and undertaken with consultants under the banner of The20:

4.2.1.     Talking to Hobart (September - October 2017)

·     214 direct one-on-one interviews with greater Hobartians who live, work, study, access services and/or play in our city

·     a blog (www.onlyinhobart.com.au) with 20 posts revealing the themes that were being heard in our interviews

·     the creation of a Hobart Story, a narrative summary of Hobart ‘at its best’, based on interview findings.

4.2.2.     City Forum (November 2017)

·     a two-day Forum at the City Hall, attended by 116 people from across the Hobart municipal area.

4.2.3.     Wider engagement (October 2017 - January 2018)

·     a survey in the City News, sent to every residence and business in Hobart, and posted on Your Say Hobart, resulting in over 525 responses

·     three pop-ups in November 2017, at Salamanca Market, Farm Gate Market, and the Christmas tree lighting

·     a workshop with over 50 Hobart primary school students, as part of Children’s Week 2017 celebrations.

4.2.4.     Stakeholder engagement (January - February 2018)

·     three 2-hour workshops at the Hobart Town Hall, attended by 44 of the City’s key stakeholders

·     written submissions from stakeholders.

4.2.5.     Community Panel (February - March 2018)

·     a panel composed of 46 community members and businesspeople, who deliberated over these inputs to draft a new vision for the City

·     the majority of panel members were recruited as part of a random stratified sample through the market research company, EMRS

·     to ensure panel diversity, targeted recruitment through existing networks was undertaken to ensure representation from multicultural communities, the Tasmanian Aboriginal Community and young people

 

 

 

 

 

 

 

 

 

·     first priority demographic criteria for panellist selection, those with specific targets as an overall proportion of the panel, were:

 

 

 

 

 

 

 

 

 

 

 

 

 

·     second priority criteria, those where the aim was to achieve a broad spread across the group, were:

·     details on the composition of the panel are available in the final report from The20, a copy of which has been provided to the Aldermen.

4.3.     To date, over 1000 contributions have helped create Hobart: A community vision for our island capital.

4.3.1.     Based on the preparatory research that informed the project design, there is no Australian capital city that has undertaken such an in-depth work with community members to understand their articulation of and connection to sense of place in their city.

4.3.2.     This understanding has been further borne out by commentary from community members, in particular the Community Panellists, in their feedback on the Council’s approach.

4.4.     On 14 March 2018, the Finance and Governance Committee received a presentation from nine members of the Community Panel.

4.4.1.     The panellists presented their overall vision statement, as well as the draft vision statements, objectives and strategies for each of eight pillars:

·     Community inclusion and participation

·     Creativity and culture

·     City economies

·     Natural environment

·     Movement and connectivity

·     Land use and development

·     Urban design and sense of place

·     Governance and civic involvement

4.5.     On 19 March 2018, the Council decided inter alia:

“That:    1.    The Council receive and note the presentation from Community Panellists, as the core input leading into a subsequent comprehensive project report and draft Hobart City Vision document.

2.    The Council convey its sincere thanks to the Panel Members from the Hobart City Vision Project.”

4.6.     Following the panellists’ presentation, Council officers reviewed the draft compiled by the Community Panel alongside findings from the previous stages of engagement.

4.6.1.     The process to edit the panellists’ draft involved reviewing:

·     interview notes from the Talking to Hobart stage

·     posts from the Only in Hobart blog

·     summary findings from the City Forum

·     stakeholder engagement findings

·     survey results

·     early stage research on key ingredients and some of the compelling vision examples from other cities, for example, from the City of Melbourne.

4.6.2.     The draft was then returned to panellists for their review and feedback, using an online platform that allowed users to comment on specific lines of text.

4.6.3.     Panellists commented via the platform and by email.  Their comments were then considered and factored into edits to the draft.

4.6.4.     Once the vision document has been finalised, a new body of work will be undertaken, to integrate the vision through and into the City of Hobart’s strategic planning framework and create a suitable strategic measurement system that will measure performance.

5.      Proposal and Implementation

5.1.     The draft of Hobart: A community vision for our island capital (provided in Attachment A) is the culmination of the process to date, representing a strong collaboration between the Vision Project Community Panel and the City of Hobart.

5.1.1.     The draft is built on the core input created by panellists, expanded to include major findings from the previous stages of engagement that were not highlighted as strongly in the first draft.

5.1.2.     It is the version of the document that has been reviewed by panellists, with edits to reflect their feedback and to make the document structure more readable (for example, the addition of section numbers and bullet points).

5.1.3.     The City of Hobart project team acknowledges the depth and breadth of contributions from Hobart community members and stakeholders in drafting this document.

5.1.4.     This vision is a reflection of the panellists’ deliberations, the wider community’s contributions, and the City of Hobart’s capacity to provide strategic leadership, through weaving together the major themes.

5.2.     It is proposed that Aldermen receive and note the draft vision document and that the draft vision document be released for wider engagement.

5.3.     The draft timeline for the remainder of the community engagement program is:

·     Mid-May to mid-June: Wider engagement via Your Say, an article in the City News, and emails to all those involved in the engagement to date, as well internal staff engagement.

·     Late June to 9 July: edits based on wider engagement, as required.

·     17 July and 23 July: final document to the Finance and Governance Committee and to Council for endorsement.

6.      Strategic Planning and Policy Considerations

6.1.     Creating a new vision document inherently influences the City of Hobart’s strategic planning and policy.

6.1.1.     The final version of Hobart: A community vision for our island capital will supersede Hobart 2025: A strategic framework.

6.2.     The findings from the engagement could yield information relevant to various strategies across the Council.

6.3.     The project to integrate the vision through strategic planning will present a major opportunity for the City of Hobart to interpret and apply the community’s vision for Hobart.

7.      Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     As the major phase of engagement has concluded, there will be no impact on the current year’s operating result resulting from this proposal.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     There will be no impact on the future years financial result from this report however, there may be some costs associated with the launch of the new vision which will be included in the report seeking endorsement of the final document.

7.3.     Asset Related Implications

7.3.1.     None arise from this report.

8.      Legal, Risk and Legislative Considerations

8.1.     Although there is no legal requirement to adopt a vision (or any of the recommendations from the panel or wider engagement), the draft presents significant opportunities to make legislatively required activities, such as strategic planning, more relevant to community members and stakeholders.

8.2.     The engagement approach to date has yielded significant benefits in managing risk, in particular collaborating with Vision Project Community Panel members on the draft, which has helped Council officers to ensure that the Community Panel’s intent has been adequately communicated in the new version.

8.3.     The depth and breadth of the engagement has strongly supported understanding of the values and concerns of community members on a range of issues relevant to Hobart life and the work of Council.

9.      Environmental Considerations

9.1.     Values and aspirations relating to Hobart’s natural environment were one of the strongest findings of the engagement.

9.1.1.     These aspects are discussed in the draft vision sections about identity, and under the Natural Environment and other pillars (Attachment A).

10.    Social and Customer Considerations

10.1.   The draft vision makes strong mention of Hobart communities’ social values.

10.1.1.  These aspects are discussed throughout the document, in particular under sections about identity, Community Inclusion, Participation and Belonging, Creativity and Culture, and Governance and Civic Involvement (Attachment A).

11.    Marketing and Media

11.1.   There are significant marketing and media opportunities related to the release of the draft vision and, in particular, the final vision, once it has been endorsed by the Council.

11.1.1.  The document includes a range of themes and statements that were created by community members themselves and are likely to resonate widely.

11.1.2.  It is important to note that some aspects of the vision may seem to conflict with some stakeholders’ views on current major issues.  Not every community member will find that every aspect of the vision resonates with them.  Messaging should be managed accordingly.

11.2.   Media activity to date is summarised in the final engagement report compiled by The20.

12.    Community and Stakeholder Engagement

12.1.   The project to create a new vision has been the result of a large-scale community engagement program.

12.1.1.  Several aspects of the engagement were shown to be powerful ways of communicating with community members and stakeholders about their values and aspirations, and about issues facing the city generally.

12.1.2.  The Community Panel, in particular, was a powerful means of exchange between Council and community members for enhancing understanding of community needs and the City of Hobart’s areas of work.

12.2.   Considerations for the next stages include:

·     That all participants in previous stages be advised once the draft is released publicly.

·     Engaging with staff across Council, in particular with those who have been directly involved in the project and/or who received presentations from the project team in the early stages of the engagement.

·     Ensuring that the wider community has had a chance to view and comment on the draft.

12.3.   Submissions received as part of the final round of engagement will be factored into the process of finalising Hobart: A community vision for our island capital.

13.    Delegation

13.1.   This matter is delegated 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.

 

Marisa McArthur

Project and Research Officer

Kimbra Parker

Acting Associate Director Community Development

 

Date:                            10 May 2018

File Reference:          F18/38764;  F18/38764

 

 

Attachment a:             Hobart: A community vision for our island capital   


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6.13  Draft Public Spaces By-law

          File Ref: F18/42948; 15/179

Report of the Manager Legal and Governance of 10 May 2018 and attachments.

Delegation:     Council


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Memorandum: Finance and Governance Committee

 

Draft Public Spaces By-law

 

At its meeting of 18 September 2017, the Council formally resolved to make five by-laws, one of which was the Public Spaces By-law.  This by-law is specifically intended to ensure that the activities taking place in a public space are reasonable and appropriate for the site – in all parks, gardens, beaches, waterways, natural areas and undeveloped land owned by the City of Hobart, and on highways in the municipal area.

 

The by-laws were presented to the Director of Local Government on 6 October 2017 seeking certification to formally advertise the by-laws pursuant to s156A of the Local Government Act 1993.  Officers are currently liaising with the Director in relation to obtaining that certification.

 

Since the by-laws were presented to the Director, an issue has been raised with the draft Public Spaces By-law with respect to the way in which it seeks to regulate camping in public spaces.  The current draft provided that:

 

a person must not camp in a public space without a permit to do so.

 

camp means to:

(a) erect a tent, camper trailer or similar portable shelter; or

(b) place, park or leave a caravan, campervan, motorhome or similar vehicle

in a public space between 10 pm and 6 am (except if legally parked on a

highway); or

(c) sleep in the open or in any form of shelter or vehicle between 10 pm and 6

am;

 

Concerns were raised with the Council as to the appropriateness of the above draft provision in light of the current homelessness issues.  These concerns came directly to Council, via the Local Government Association of Tasmania and via the media.

 

The concerns related to the potential for people who are homeless to be included within the prohibition contained in the draft provision above.  This was clearly not the intention of officers and that was recognised in the Regulatory Impact Statement submitted to the Director, however in light of the concerns raised officers have considered possible alternatives to the above provision.

 

The alternative involves creating an exception to the prohibition where the individual has no fixed address.  This proposal was provided to Shelter Tas in order to obtain feedback.  They provided a slightly re-worked alternative that in addition to an individual that has no fixed address the prohibition also not apply to a person who has insecure, inadequate or unsafe housing and these terms were then defined.

 

Attachment A to this report is a copy of the submission made by Shelter Tas.

 

The by-law has therefore been amended to reflect the proposed change and a tracked version of the by-law is included as Attachment B to this report along with a clean version of the by-law as Attachment C.

 

The new provision will therefore read as follows:

Division 4 – Camping

 

1.       This division does not apply to a person who:

(a)     has insecure, inadequate or unsafe housing; or

(b)     is of no fixed address.

 

2.       In this division:

camp means to:

(a)    erect a tent, camper trailer or similar portable shelter; or

(b)    place, park or leave a caravan, campervan, motorhome or similar vehicle in a public space between 10 pm and 6 am (except if legally parked on a highway); or

(c)    sleep in the open or in any form of shelter or vehicle between 10 pm and 6 am;

insecure housing means a boarding house or where a person does not have control over access to their housing;

inadequate housing means a person is seeking respite from overcrowded housing;

unsafe housing means person is escaping family or domestic violence; and

no fixed address means that a person does not have the right to live in a place.

 

Camping

3.       Subject to clause 4, a person must not camp in a public space without a permit to do so.

 

Penalty: 2 penalty units and 1 penalty unit for each day during which the offence continues

 

Signs to allow camping

4.       The General Manager may display any signs or notices in a public space permitting subject to conditions, or prohibiting or restricting the use of any site for camping.

 

5.       A person must not fail to comply with any signs or displayed under clause 4.

 

Penalty: 5 penalty units and 1 penalty unit for each day during which the offence continues

 

Use of vehicle for camping

6.       The owner of a vehicle must not allow their vehicle to be used to camp on any public space.

 

Penalty: 2 penalty units and 1 penalty unit for each day during which the offence continues

 

While this amendment to the by-law will address the concerns raised, there will be significant enforcement issues associated with the provisions.  In practice it will be incredibly difficult for the Council to establish that a person has breached the by-law given the burden of proof being on Council to prove that the person has contravened the by-law.  It is possible that when a person camping in a public space is challenged by an officer that they could claim to fall within one of the exceptions contained in the provision.  It is also possible that this could result in persons who are homeless remaining in a single area without the ability for officers to require that individual to move.

 

Given the number of complaints received currently it is likely that this will cause some angst in the community and with residents.  Officers will then be in the position of not being able to adequately deal with those individuals.

 

In addition to the changes above a minor change has been made to clause 23 of the by-law which was an omission in its original drafting.  This has been reflected in Attachments B and C.

 

REcommendation

That:

1.      The Council resolve its intention to make the Public Spaces By-law marked as Attachment C to this report.

2.      The Council delegate authority to the General Manager to prepare a Regulatory Impact Statement for the by-law and present it to the Director of Local Government for a certificate of approval pursuant to section 156A of the Local Government Act 1993.

3.      Subject to a certificate of approval from the Director of Local Government the Council delegate authority to the General Manager to give notice of the proposed by-law in order to advertise a further public consultation process, whereby the by-law and regulatory impact statement is made available for inspection and comment.

 

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.

 

paul jackson

Paul Jackson

Manager Legal and Governance

 

 

Date:                            10 May 2018

File Reference:          F18/42948; 15/179

 

 

Attachment a:             Shelter Tas Response to Public Spaces By-law

Attachment b:             Public Spaces By-law - changes tracked

Attachment c:            Public Spaces By Law - clean version   


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6.14  Draft Parking By-law

          File Ref: F18/43941; 15/179

Report of the Manager Legal and Governance of 10 May 2018 and attachments.

Delegation:     Council


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Memorandum: Finance and Governance Committee

 

Draft Parking By-law

 

At its meeting of 18 September 2017, the Council formally resolved to make five by-laws, one of which was the Car Parks By-law.  This by-law is specifically intended to ensure that the activities taking place within a car park are reasonable and appropriate for the site.

 

The by-laws were presented to the Director of Local Government on 6 October 2017 seeking certification to formally advertise the by-laws pursuant to s156A of the Local Government Act 1993.

 

The Director wrote to the Acting General Manager on 20 April 2018 advising that he would not provide the required certification on the basis that in his view the draft by-law essentially gives the Council a competitive advantage over commercial operators.

 

Attachment A to this report is a copy of the Director’s letter of 20 April 2018.

 

The letter also raised some issues with another draft by-law, which aren’t relevant for the purposes of this report.

 

Officers met with the Director on 10 May 2018 in order to discuss the Director’s concerns, however it is clear that the Director remains of the view articulated above.

 

The current Car Parks and Parking By-law expires on 20 August 2018.  The process to enact a new by-law prior to that time period requires the certification of the Director, a further public advertising period of at least 21 days, potentially further consideration by the Council if submissions are received and then publishing the by-law in the Government Gazette.  The result of this condensed timeframe means that the ability of the Council to challenge the Director’s decision is limited at this time.

 

It is therefore proposed, in order to ensure that the Council’s ability to regulate parking on public streets is maintained, is to submit a revised by-law limited in scope to only what is legislatively required of the Council.

 

Pursuant to s100(4) of the Local Government (Highways) Act 1982 the Council may prescribe the penalty for an infringement notice issued for an offence under section 97, 98 or 99 of that Act through a by-law.

 

The attached Parking By-law deals solely with that issue which will maintain the Council’s ability to issue infringement notices in relation to offences relating to on-street parking.

 

Attachment B to this report is a copy of the previous draft by-law with changes shown in track changes.  Attachment C to this report is a clean copy of the proposed Parking By-law.

 

An alternative to the balance of the previous by-law has not yet been determined given the timing of the Committee’s meeting however this will be considered in due course and an alternative developed.  The Council will obviously be kept informed in this regard.

 

 

REcommendation

That:

1.      The Council resolve its intention to make the Parking By-law marked as Attachment C to this report.

2.      The Council delegate authority to the General Manager to prepare a Regulatory Impact Statement for the by-law and present it to the Director of Local Government for a certificate of approval pursuant to section 156A of the Local Government Act 1993.

3.      Subject to a certificate of approval from the Director of Local Government the Council delegate authority to the General Manager to give notice of the proposed by-law in order to advertise a further public consultation process, whereby the by-law and regulatory impact statement is made available for inspection and comment.

 

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.

 

Paul Jackson

Manager Legal and Governance

 

 

Date:                            10 May 2018

File Reference:          F18/43941; 15/179

 

 

Attachment a:             Letter from Director of Local Government dated 20 April 2018

Attachment b:             Parking By-law - Tracked

Attachment c:            Parking By-law - Clean   


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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 and Governance Committee Meeting - 15/5/2018

Page 389

ATTACHMENT a

 

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Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 401

 

15/5/2018

 

 

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)

Finance and Governance Committee Meeting

Page 402

 

15/5/2018

 

 

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          Reports

Item No. 4.1       Battery Point Slipyards Master Plan

LG(MP)R 15(2)(c)(i) and  (f)

Item No. 4.2       Sale of Land for Unpaid Rates: Update

LG(MP)R 15(2)(f) and  (g)

Item No. 4.3       Town Hall Entry Foyer - Security Arrangements

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

Item No. 5          Committee Action Status Report

Item No. 5.1       Committee Actions - Status Report

LG(MP)R 15(2)(d) and  (f)

Item No. 6          Questions without notice – File Ref: 13-1-10