Agenda of Community, Culture and Events Committee Meeting

Agenda (Open Portion)

Community, Culture and Events Committee Meeting

Page 4

5/9/2018

Community, Culture and Events Committee Meeting (Open Portion) held Wednesday, 5 September 2018 at 5:00 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Harvey (Chairman)

Deputy Lord Mayor Sexton

Zucco

Cocker

Thomas

ALDERMEN

Lord Mayor Christie

Briscoe

Ruzicka

Burnet

Reynolds

Denison

Apologies: Nil

Leave of Absence: Nil

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

2. Confirmation of Minutes

The minutes of the Open Portion of the Community, Culture and Events Committee meeting held on Wednesday, 8 August 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)

Community, Culture and Events Committee Meeting

Page 7

5/9/2018

REPORT TITLE: Salamanca Market - Renewal of Memorandum of Understanding with Salamanca Market Stallholders' Association Inc.

REPORT PROVIDED BY: Senior Commercial Advisor Salamanca Market

Manager Tourism

Associate Director City Economy, Tourism and Events

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to seek endorsement for the renewal of the Memorandum of Understanding between the City of Hobart and the Salamanca Market Stallholders’ Association Inc.

2. Report Summary

2.1. The Council signed a Memorandum of Understanding (MOU) with the Salamanca Market Stallholders’ Association Inc. (SMSA) on 19 October 2015 which expired on 30 June 2018.

2.2. Negotiations have taken place with the SMSA Committee in order to renew the MOU for a further three (3) years (Attachment A).

2.3. Minor updates have been made to the expired MOU, which continues to provide a financial grant of one per cent of stallholder fees collected per annum to the SMSA.

2.4. The MOU provides a framework for the relationship between the SMSA and the City of Hobart that has resulted in a positive and productive relationship.

3. Recommendation

That the Memorandum of Understanding with the Salamanca Market Stallholders’ Association Inc. be endorsed for renewal for a further three (3) year period.

4. Background

4.1. The City signed a Memorandum of Understanding (MOU) with the Salamanca Market Stallholders’ Association Inc. on 19 October 2015.

4.2. The MOU confirms that the Council views the SMSA as the peak stallholder representative group in its dealings with Salamanca Market stallholders.

4.3. The current MOU expired on 30 June 2018.

5. Proposal and Implementation

5.1. Negotiations have taken place with the SMSA Committee in order to renew the MOU for a further three (3) years until 30 June 2021.

5.1.1. The draft document prepared by officers in coordination with the SMSA is provided at Attachment A to this report.

5.2. Minor updates have been made to the expired MOU, which continues to provide a financial grant of one per cent of stallholder fees collected per annum to the SMSA.

5.3. The MOU provides a framework for the relationship between the SMSA and the City of Hobart and has resulted in a positive and productive relationship.

5.4. The MOU would see the Council continue to recognise the SMSA as the peak representative group for both licenced and casual stallholders at Salamanca Market, and that the SMSA would be the main point of consultation for the City on general Salamanca Market policy and procedural issues.

5.5. This would not diminish the City’s ability to consult and engage with individual stallholders on issues relating specifically to that stallholder. Further where the City would consider that an issue is of significant general interest, all stallholders would be given the opportunity to comment.

5.6. In return, the SMSA in its dealings with the City, is required to fairly represent the views of all stallholders with full membership rights of the Association available to all stallholders, including licensed and casual stallholders.

6. Strategic Planning and Policy Considerations

6.1. The renewed MOU aligns with the following goals within the Capital City Strategic Plan 2015–2025:

6.1.1. Goal 1 – Economic development, vibrancy and culture
City growth, vibrancy and culture comes when everyone participates in city life.

Strategic Objective 1.1.1 – Establish and implement a framework to engage with the business community.

Strategic Objective 1.3.1 – Support and deliver events, festivals and markets.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. The MOU makes provision for one (1) per cent of all stallholder fees to be given to the SMSA to fund:

· a project officer to help facilitate the communication between the City and the SMSA including welcoming new members

· membership of other representative bodies

· provide stallholders with professional development and business marketing opportunities, and

· offer one free legal consultation per member, with a fee limit set as determined by the SMSA, to assist dispute resolution between stallholders and ultimately assist in progressing settlement which is available only after all dispute resolution processes and mediation have been exhausted. Reimbursement will be made by the SMSA to stallholders upon presentation of a valid tax invoice from the legal consultant.

7.1.2. The projected total income for all stallholder site fees, both licensed and casuals, in the 2018-19 budget is $1,207,907 made up of licenced fees of $994,004 and casual site fees of $213,903 (these figures including the public liability levy but excluding GST).

7.1.3. One per cent of stallholder fees as detailed in the 2018-19 budget will provide the SMSA with a total of $12,079.

7.2. Impact on Future Years’ Financial Result

7.2.1. One per cent of stallholder fees would be paid for the 2019-20 and 2020-21 financial years.

7.3. Asset Related Implications

7.3.1. Not applicable.

8. Legal, Risk and Legislative Considerations

8.1. Not applicable.

9. Environmental Considerations

9.1. Not applicable.

10. Social and Customer Considerations

10.1. The MOU would see the Council continue to recognise the SMSA as the peak representative group for both licenced and casual stallholders at Salamanca Market, and that the SMSA would be the main point of consultation for the City on general Salamanca Market policy and procedural issues.

10.2. The MOU recognises the strong relationship that exists between the Association and the City, and the strong representation the Association has with its’ members.

11. Marketing and Media

11.1. Not applicable.

12. Community and Stakeholder Engagement

12.1. The MOU has been negotiated between the City of Hobart and SMSA committee member representatives.

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.

Taryn Townsend

Senior Commercial Advisor Salamanca Market

Iris Goetzki

Manager Tourism

Tim Short

Associate Director City Economy, Tourism and Events

Date: 30 August 2018

File Reference: F18/96691; S33-060-02/37

Attachment a: Memorandum of Understanding with Salamanca Market Stallholders' Association Inc. ⇩

Item No. 6.2

Agenda (Open Portion)

Community, Culture and Events Committee Meeting

Page 17

5/9/2018

REPORT TITLE: Salamanca Market - New Site Category

REPORT PROVIDED BY: Senior Commercial Advisor Salamanca Market

Manager Tourism

Associate Director City Economy, Tourism and Events

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to propose a new stallholder site category at Salamanca Market and introduce a corresponding fee and charge category for 2018-19.

2. Report Summary

2.1. It is proposed that a new stall site category be created for Salamanca Market, specifically for small start-up Tasmanian businesses called the ‘Innovator’.

2.2. The Innovator will allow start-ups to test goods or services at Salamanca Market as part of their research, development and business planning, with the key drivers being the economic benefit to the Hobart region and development of new small businesses owned by Tasmanians.

2.3. The Innovator is a stall site at Salamanca Market offered to participants at a low cost entry point.

2.4. It is proposed that a fee of $110 (incl. GST) be levied per market day.

2.5. A partnership has been created with Business Tasmania, which will provide free mentoring to assist applicants to develop business plans through seven (7) Enterprise Centres located around the state.

2.6. Participants would be offered a four week trading period at Salamanca Market with the option to transfer to the casual stallholder pool, subject to approval.

2.7. It is envisaged that the Innovator site will commence in October 2018.

3. Recommendation

That:

1. The new Innovator site category for Salamanca Market be approved.

2. The fee of $110 inclusive GST per market day be adopted for the 2018-19 financial year.

4. Background

4.1. Salamanca Market currently has two stallholder categories: Licenced and Casual.

4.1.1. Licenced stallholders hold a five (5) year licence with the City and are provided the opportunity to renew at the end of that period.

4.1.2. Licenced stallholders have a capital outlay, as a business must be bought when first entering the market, of an average cost between $40,000 and $60,000.

4.1.3. Casual stallholders are on a two-year agreement and must reapply at the end of that period.

4.2. Sites fees for Licenced stallholder range between $61.99 (incl. GST) and $83.96 (incl. GST) per market day depending on site location.

4.3. Casual site fees are $77.51 (incl. GST) per market day.

4.4. There are additional fees of $3 (incl. GST) for marketing services and $5.76 (incl. GST) for public and product liability insurance per market day for both categories.

5. Proposal and Implementation

5.1. It is proposed that a third stall site category be created specifically for small start-up Tasmanian businesses.

5.1.1. This new stall site category would be named the ‘Innovator’ to reflect the business incubator nature of the stall site.

5.2. The purpose of the Innovator stall type is to support small start-up Tasmanian businesses by providing a stall site to test goods or services at Salamanca Market.

5.3. It would also provide an entry level opportunity at Salamanca Market for small businesses who are not yet ready to apply for a Casual Stallholder position or to purchase a Licenced site.

5.4. The opportunity aims to assist participants to enhance their business planning activities by providing an opportunity to validate their product, assess commercial viability and generate brand awareness.

5.5. A partnership has been created between Salamanca Market and Business Tasmania, which will assist applicants through seven (7) Enterprise Centres located around the state.

5.5.1. Assistance provided through Business Tasmania includes five (5) hours of free mentoring to facilitate a business plan for the participant.

5.6. Destination Southern Tasmania is also supportive of the concept and may be able to offer mentoring and grants for participants with tourism products.

5.7. The key driver for this initiative is the economic benefit to the Hobart region and development of new small businesses owned by Tasmanians, supported by a relatively low cost entry point.

5.7.1. It is proposed that a fee of $110 (incl. GST) be levied per market day.

5.7.2. This fee is inclusive of marketing, insurance, marquee hire, trestle table hire and site fee.

5.8. Participants would be offered a four week trading period with the option to transfer to the Casual stallholder pool, subject to approval from the Manager Tourism and a representative from the Salamanca Market Stallholders’ Association (SMSA).

5.8.1. Under the current MOU with the SMSA it is agreed that an Association member will participate in the Casual stallholder selection process.

5.9. The program will operate onsite throughout the year depending on applicant demand.

5.10. The following applicants are ineligible for this program:

· established businesses operating for longer than 12 months

· charities and not-for-profit organisations, as Salamanca Market already has a specific site for these

· existing Salamanca Market licence holders including casual stallholders

· related entities or relatives of an existing licence holder as defined in the 2017-2022 Salamanca Market Stallholder Licence Agreement.

5.11. It is envisaged that the Innovator site will commence in October 2018.

6. Strategic Planning and Policy Considerations

6.1. The Innovator stall site and associated fee aligns with the following goals within the Capital City Strategic Plan 2015–2025:

6.1.1. Goal 1 – Economic development, vibrancy and culture
City growth, vibrancy and culture comes when everyone participates in city life.

Strategic Objective 1.1.1 – Establish and implement a framework to engage with the business community.

Strategic Objective 1.3.1 – Support and deliver events, festivals and markets.

Strategic Objective 1.5.2 – Develop an approach to the use and promotion of Council property for commercial and community-based events

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. It is anticipated additional revenue of up to $2,600 (excl. GST) would be generated in the first year.

7.2. Impact on Future Years’ Financial Result

7.2.1. It is anticipated that if the site were to be fully booked, it would generate additional revenue of up to $5,200 (excl. GST) per annum.

7.3. Asset Related Implications

7.3.1. The City will design and purchase a one-off branded marquee and signage at a cost of $3,200.

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.

9. Environmental Considerations

9.1. The applicant is expected to address the environmental qualities of their product or service within the application form.

9.1.1. All stallholders at Salamanca Market are strongly encouraged to purchase environmentally friendly packaging with the market working towards the City’s zero waste to landfill strategy.

10. Social and Customer Considerations

10.1. None arise from this report

11. Marketing and Media

11.1. The Communications and Marketing Division had been engaged to develop a marketing plan to communicate the opportunity to the community.

12. Community and Stakeholder Engagement

12.1. Consultation has occurred with Manager Tourism, Economic Development Project Officer, Business Tasmania, and Destination Southern Tasmania in preparation of this report.

13. Delegation

13.1. This matter is referred to the Community, Culture and Events and Finance and Governance Committees for determination by the Council.

Taryn Townsend

Senior Commercial Advisor Salamanca Market

Iris Goetzki

Manager Tourism

Tim Short

Associate Director City Economy, Tourism and Events

Date: 30 August 2018

File Reference: F18/97557; S33-060-02/37

Item No. 6.3

Agenda (Open Portion)

Community, Culture and Events Committee Meeting

Page 23

5/9/2018

Memorandum: Community, Culture and Events Committee

General Manager Delegation - Grants Funding

The following annual grant rounds were recently assessed in accordance with the current Applications for Grants - Community and Marketing Policy:

· Community Christmas Carols (total allocation $75,000) - total request $103,972

· Creative Hobart Major Cultural Organisations (total allocation $40,000) - total request $55,000

· Event Partnerships (total allocation $270,000) - total request $910,140.

All assessment panel processes have been completed and the assessment report prepared to the satisfaction of Council officers and external assessors involved in the process.

The grant recommendations would ordinarily be submitted to the Community, Culture and Events Committee for consideration followed by the Council for approval.

In light of upcoming Local Government elections and in the interests of good governance at this time, it is proposed that the Council delegate authority to the General Manager to approve the recommendations of three assessment panels for the annual grants for Community Christmas Carols, Creative Hobart Major Cultural Organisations and Event Partnerships.

The General Manager would receive all assessment reports and recommendations from the respective assessment panels and be delegated authority for approval.

As a component of the annual grant round that opened in June, assessment panels were also convened for the Dr Edward Hall Environment Grants and the Waste Reduction Grants.

It is noted that:

· The assessment report for the Dr Edward Hall Environment Grants has already been submitted to the City Planning Committee for consideration at the meeting of 27 August. Approval is currently delegated to this committee, however the City Planning Committee on 27 August resolved to delegate approval to the General Manager for the 2018 grants.

· Waste Reduction Grants are already approved under the General Manager’s delegated authority.

Once grants have been approved by the General Manager, Aldermen would be provided with the detailed information pertaining to the grant applications.

REcommendation

That:

1. In light of upcoming Local Government elections and in the interests of good governance at this time, it is recommended that pursuant to Section 22 of the Local Government Act, the Council delegate authority to the General Manager to approve the recommendations of three assessment panels for the annual grants for Community Christmas Carols, Creative Hobart Major Cultural Organisations and Event Partnerships to levels as provided in the 2018-19 Annual Plan.

2. The matter be considered by Council.

Nick heath

N.D Heath

General Manager

Date: 29 August 2018

File Reference: F18/97700; 18/279

Item No. 6.5

Agenda (Open Portion)

Community, Culture and Events Committee Meeting

Page 31

5/9/2018

Memorandum: Community, Culture and Events Committee

Petition in support of Dark Mofo

A petition containing 11,240 signatures was tabled at the Council meeting of 6 August 2018 in support of Dark Mofo and requesting that it not be subdued via either reduced funding, restrictions imposed by the Hobart City Council or in the form of censorship impositions.

Council will recall it also received a petition regarding the inverted crosses at its meeting of 18 June 2018. The matter was considered at the Community Culture and Events Committee of 11 July and the Council resolved at its meeting of 23 July 2018:

That: 1. Pursuant to section 60 of the Local Government Act 1993, the Council note:

(i) The subject matter of the petition received was requesting the immediate removal of the Dark Mofo inverted crosses situated in three locations on the waterfront, one of which was located on Council land adjacent to the Waterside Pavilion; and

(ii) The petition contained 16,290 signatories.

2. The petitioner be advised of the content of the report marked as item 6.1 of the Open Community, Culture and Events Committee agenda of 11 July 2018 and the outcome of the Council’s consideration of this matter.

This current petition in support of Dark Mofo was arranged through www.change.org between the dates of 21 June to 23 July 2018. The wording on the petition is provided below:

We want the HCC to realise that Hobartians are a diverse bunch and many support Dark Mofo!

Some people have petitioned the HCC about their concerns and fears relating to the dark and light of Dark Mofo.

Many many people from Hobart and beyond are very happy to enjoy the diversity that Dark Mofo brings with all its nuances. It delights with its joie de vivre, it brightens winter, it provokes discussion, and it puts Hobart on the map.

We believe that churches being responsible for the abuse of children is far worse than some crosses of St Peter being showcased on this side of the world in memory of a truly humble follower of Jesus, and we wish to have our voices heard (alongside other petitioners who’ve also spoken).

Please retain Dark Mofo and do not subdue it through either censorship or reduced funding. (We’ll probably only Crowd Fund it anyway, so ….just listen to us, and retain the Dark Feasting as well.)

This event is wonderful for this marvellous little city so near Antarctica.

The full petition, containing a comments section, is attached to the Council agenda of 6 August 2018 for Aldermen to read.

Of the 11,240 signatories 6,445 were located in Tasmania with 5,744 located in Hobart and surrounds as advised by the petitioner. A review of the data noted that the number of signatories within the Hobart local government area (by postcodes 7000-7008 and 7054 excluding Margate) totalled 2,788. A significant majority of the signatures (11,235) were registered between 21 to 29 June 2017 with the final signature dated 23 July 2018.

The City of Hobart first provided funding to Dark Mofo in 2013.

Most recently, the Council has funded Dark Mofo through a grant agreement for the period of 2016-18, which was endorsed by the Council on 21 December 2015 and identified the City of Hobart as a top tier ‘Partner’ along with the Tasmanian Government and the Australian Government’s Festivals Australia fund. This agreement concluded at the end of this year’s Dark Mofo event.

The agreement included key performance indicators such as alignment with the City of Hobart strategies and local community support and participation.

The intent of the agreement was reasonably clear in that it is not the role of the City of Hobart to intervene or censor the artistic intent of the festival or any of its component parts as long as these events/presentations/performances are not illegal and meet the agreed key performance indicators. This matter was also specifically addressed in a report to the Council prior to the 2017 event when discussing the 150. Action performance by Hermann Nitsch.

At this stage the City has not received a proposal or request for future funding from Dark Mofo. When a proposal is received, support will be considered on its merit and will be put to the Council for its consideration.

REcommendation

That:

1. The information be received and noted.

2. Pursuant to section 60 of the Local Government Act 1993, the Council note:

(i) The petition in support of Dark Mofo requesting that it not be subdued via either reduced funding, restrictions imposed by the Hobart City Council or in the form of censorship impositions; and

(ii) The petition contained 11,240 signatories.

3. The petitioner be advised of the content of this report and the outcome of the Council’s consideration of this matter.

Tim Short

Associate Director City Economy, Tourism and Events

Date: 29 August 2018

File Reference: F18/96919; 16/119-003

Agenda (Open Portion)

Community, Culture and Events Committee Meeting

Page 41

5/9/2018

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)

Community, Culture and Events Committee Meeting

Page 42

5/9/2018

9. Closed Portion Of The Meeting

RECOMMENDATION

That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:

· information that was provided to the Council on the basis that it be kept confidential

· information that was kept confidential to protect a trade secret.

The following items are listed for discussion:-

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

Item No. 2 Consideration of supplementary items to the agenda

Item No. 3 Indications of pecuniary and conflicts of interest

Item No. 4 Committee Action Status Report

Item No. 4.1 Committee Actions - Status Report

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

Item No. 5 Questions Without Notice

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.