Agenda of Finance and Governance Committee Meeting

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 4

13/2/2019

Finance and Governance Committee Meeting (Open Portion) held Wednesday, 13 February 2019 at 4:30 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Zucco (Chairman)

Deputy Lord Mayor Burnet

Sexton

Thomas

Dutta

NON-MEMBERS

Lord Mayor Reynolds

Briscoe

Denison

Harvey

Behrakis

Ewin

Sherlock

Apologies:

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 Finance and Governance Committee meeting held on Tuesday, 15 January 2019 and the Special Finance and Governance Committee meeting held on Monday, 21 January 2019, 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.

Members of the Committee 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

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Memorandum: Finance and Governance Committee

Aldermanic Development and Support Policy - Annual Endorsement and Attestation and Policy Amendments

The purpose of this report is to submit the Council’s policy on Aldermanic Development and Support to the Committee and Council in order to address the following matters:

1.1. annual endorsement of the policy content, together with attestations of compliance by elected members, as required by the policy;

1.2. preparation for the annual planning process for elected members’ professional development, as adopted by the Council;

1.3. updating the policy in relation to the enterprise technology equipment and services provided to elected members;

1.4. reviewing the provisions within the policy relating to the Lord Mayors’ vehicle;

1.5. updating the policy terminology, which currently refers solely to Aldermen; and

1.6. credit card facilities for elected members.

The policy appears as Attachment A to this report and includes the changes proposed in this report, shown in revisions format, except for clause 1.5, above, which is addressed later in this report.

1.1 Endorsement of the Aldermanic Development and Support Policy & Attestation

(Refer Policy Clause 3, page 3):

In the interest of good governance the Council has resolved to formally endorse its policy regarding Aldermanic Development and Support, on an annual basis.

The Council has further resolved that, in concert with the annual endorsement, each elected member is to attest their compliance with the policy.

Once endorsed by the Council, elected members will be provided with an attestation declaration form for completion.

1.2 Professional Development Policy and Guidelines

(Refer Section C, pages 4-7 and Guidelines shown as Appendix A):

In accordance with the obligations of Oath of Office taken upon election by each elected member, the framework and guidelines for professional development for elected members, as approved by the Council, appear in Section C and Appendix A to the policy.

The maximum annual expenditure on professional development is $5,000, subject to annual review, which will occur in December 2019.

In line with the planning process for professional development, a professional development planning form will be provided to each elected member to facilitate their requirements; for discussion and approval by the Lord Mayor.

In line with the adopted process, professional development training and development will be noted by the Council.

1.3 Enterprise Technology Services

(Refer Section P, page 20);

Most elected members will be aware of a change from Apple to Microsoft devices, which is the consistent approach across the organisation more generally. The move to Microsoft provides for better integration with corporate applications and collaboration tools.

In line with this transition, newly elected members and a number of continuing members have been migrated to Microsoft Surface units, with the finalisation of the transition being progressed as a priority.

It is proposed to vary the wording in the section of the policy at clause P – Loan of Equipment to note the services and equipment provided, whilst providing detailed specifications of the equipment within a schedule attached to the policy.

Where equipment may change, the schedule will be updated.

The schedule shown as Attachment B to this report specifies what is currently provided to elected members.

1.4 Lord Mayors’ Vehicle

(Refer Section R, page22);

The current policy states that a Council vehicle and chauffeur will be made available for use by the Lord Mayor and their partner for use on civic and ceremonial occasions and in circumstances where the Lord Mayor represents the City at LGAT and other relevant business activities.

The policy also provides that an elected member and their partner who may, at the request of the Lord Mayor, represent that office at a civic or ceremonial function, is also entitled to utilise the vehicle.

The stipulation of a Council owned vehicle does not provide the flexibility required in circumstances where a Lord Mayor may elect to use alternative transport and the use of an external service provider would be more appropriate and cost-effective.

It is therefore recommended that the word Council be deleted. This change would enable the continuation of the service required by a Lord Mayor (or their representative), using a vehicle which may, or may not be owned by the City, depending on the needs of the Lord Mayor of the day.

It is also suggested that the word chauffeur be substituted with driver.

These changes are reflected in the attachment in revisions format.

1.5 Elected Members Terminology

At its meeting on 19 November 2018, the Council resolved that pursuant to section 25 (2) of the Local Government Act 1993, elected representatives of the City of Hobart each be given their own choice of title between “councillor” and “alderman”.

The policy currently refers to Alderman and will be updated to reflect the Council’s decision, noting that the term applied when referring to the collective/generic title of a councillor or an alderman of the City, is “elected member/s”.

Given the number of existing references in the policy, the length of the policy document and the fact that the Council decision has already been taken, its’ implementation does not require any further endorsement by the Council.

1.6 Aldermanic Credit Cards

(Refer Section R, 6 page16);

The policy currently includes reference to the use of credit cards for elected members. A separate report in relation to this matter has been prepared and is listed for discussion on the agenda for this committee meeting.

REcommendation

That:

1. The Council approve the following amendments to the Council policy in relation to aldermanic development and support, as shown in revisions format on attachment A to this report:

1.1 Amending the stipulation in the existing policy relating to the provision of a “Council” vehicle for use by the Lord Mayor, by deleting the word “Council”; and substituting the word “chauffeur” with the word “driver”;

1.2 Amending the policy provisions regarding the loan of equipment to reflect current practice and specifying the services provided within the schedule shown as attachment B to this report.

2. The Council endorse the amended Elected Member Development and Support Policy, noting the changes to the terminology for elected members as approved by the Council at its meeting of 19 November 2018 and which will be reflected in the policy.

3. In endorsing the policy, and in line with the policy provisions, elected members attest their compliance with the policy.

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.

Heather Salisbury

Deputy General Manager

Date: 8 February 2019

File Reference: F19/15727

Attachment a: Aldermanic Development and Support Policy showing revisions ⇩

Attachment b: Schedule of Enterprise Technology Equipment ⇩

Item No. 6.1

Agenda (Open Portion)

Finance and Governance Committee Meeting - 13/2/2019

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ATTACHMENT a

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Item No. 6.2

Agenda (Open Portion)

Finance and Governance Committee Meeting

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Memorandum: Finance and Governance Committee

Local Government Legislative Framework Review

The purpose of this report is for the Council to consider a response from the Council to the discussion paper released by the Government on the review of the local government legislative framework.

The Government released a discussion paper in December 2018 which was circulated to elected members on 21 December. Attachment A to this report is a copy of the discussion paper.

The discussion paper seeks feedback in relation to a number of questions. A table has been compiled and included in Attachment B which sets out the question as well as some commentary and a suggested position for the Council to consider.

In essence, the proposed City of Hobart comment addresses the following general issues:

· The diverse nature of local government in Tasmania requires a legislative framework that is flexible and acknowledges the differing scale and scope of councils across the state.

· A ‘general competence powers' approach provides flexibility allowing councils to respond in a way that reflects their area, community and capacity, so over-specification in the Act would be considered a retrograde step

· It would be appropriate for the new Act to recognise the Greater Hobart Act 2018 and its objectives to ensure the two pieces of legislation work together.

A summary of the proposed City of Hobart comment under each of the section headings in the Discussion Paper is included at Attachment C for quick reference.

In providing commentary and a suggested position regard has been had to the view of officers, the content of the draft Local Government Bill in Victoria, feedback from elected members and previously adopted policy positions of the Council.

This has been compiled in mind of the Council’s general approach that any legislation for local government ought to provide for general competence and not be overly prescriptive so as to provide individual councils with appropriate autonomy to determine how it will undertake its functions for its community.

Following consideration of the suggested submission by the Finance and Governance Committee, it will be combined into a formal draft response and attached to the Council agenda for the Council’s consideration.

REcommendation

That:

1. The Council endorse the suggested response contained in Attachment B to this report and that it be incorporated into a formal submission prepared by the General Manager and included on the Council agenda for 18 February 2019.

Paul Jackson

Manager Legal and Governance

Date: 8 February 2019

File Reference: F19/9199; 15/153-201

Attachment a: Discussion Paper - Local Government Legislation Review ⇩

Attachment b: Review Local Government Legislation Framework - Discussion Paper Response ⇩

Attachment c: Review of Tasmania’s Local Government Legislative Framework - Discussion Paper Response - Summary ⇩

Item No. 6.3

Agenda (Open Portion)

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Memorandum: Finance and Governance Committee

Australian Local Government Association - National General Assembly - Call for Motions

Introduction
The purpose of this memorandum is to seek the Councils views on providing motions to the Australian Local Government Association National General Assembly.

Background
The National General Assembly of Local Government (NGA) is an important opportunity to influence the national policy agenda.

For motions to be eligible for inclusion in the NGA Business Papers, and subsequent debate on the floor of the NGA, they must meet the following criteria:

1. be relevant to the work of local government nationally

2. be consistent with the themes of the NGA

3. compliment or build on the policy objectives of your state and territory local government association

4. be submitted by a council which is a financial member of their state or territory local government association

5. propose a clear action and outcome

6. not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

Motions should generally be in a form that seeks the NGA’s support for a particular action or policy change at the Federal level which will assist local governments to meet local community needs.

All motions submitted will be reviewed by the ALGA Board’s NGA Sub-Committee as well as by state and territory local government associations to determine their eligibility for inclusion in the NGA Business Papers.

A discussion paper has been prepared to provide guidance to councils on developing motions for the 2019 NGA. A copy of the discussion paper is attached.

The focus of the NGA will be on the future of local government and local communities and will consider what Councils can do today to get ready for the challenges, opportunities and changes that lie ahead.

A number of topics have been identified in the discussion paper around population; climate change; employment and technology.

In considering motions for the NGA, ALGA have posed the following questions:

1. What can local governments do differently now, and in the future, to deliver more for less?

o Are there new business models and new partnerships, new technologies and the willingness to reduce, phase out or change existing practices, opportunities for more sophisticated service planning and more efficient procurement?

2. How can local governments collaborate, be entrepreneurial and embrace disruption and innovation?

3. How can the Commonwealth Government help local governments prepare for the future and why should they care?

o What are the opportunities for leveraging regional, state and national partnerships?

As part of its consideration of motions for the NGA, the Council may wish to submit a motion about the extension of the Smart Cities and Suburbs Program along with an increase in the funding available for this program. Additional funding for the Smart Cities and Suburbs $50 million competitive program will enable more innovative technology-based solutions to be delivered in order to address urban challenges.

The Council may wish to submit other motions to the NGA which are consistent with the themes of the NGA.

REcommendation

That:

1. The Council submit a motion to the Australian Local Government Association’s National General Assembly calling for an extension of and an increase to funding for the Smart Cities and Suburbs Program.

2. The Council determine whether it wishes to provide any other motions, which are consistent with the themes and topics in the discussion paper, to the Australian Local Government Association’s National General Assembly.

N.D Heath

General Manager

Date: 7 February 2019

File Reference: F19/13274

Attachment a: ALGA Discussion Paper ⇩

Item No. 6.4

Agenda (Open Portion)

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Memorandum: Finance and Governance Committee

Petition Requesting Public Meeting - Hobart Not Highrise

This report relates to a petition which has been presented to the Council by the group Hobart Not Highrise.

The petition states:

Under section 59 of the Tasmanian Local Government Act, I request Hobart City Council to hold a public meeting about the issues in this petition, as the first step for residents to vote on these issues in an elector poll (under section 60c of the Act) The issues are:

I call on the Hobart City Council to:

1. Introduce absolute maximum building heights

2. Protect Hobart’s heritage buildings, and

3. Protect Hobart’s view-lines,

all as per the City of Hobart’s professional planning officers’ recommendations to the Planning Committee on the 10^th December 2018.

These recommendations were not debated at this Planning Committee meeting, nor at the Council meeting the following week.

The petition was first tabled at the Council meeting on 21 January 2019, noting 1,662 signatures.

The Council resolved to receive and note the petition and refer it to the appropriate committee.

The requirement for the Council to hold a public meeting when petitioned, is regulated under s 59 of Local Government Act 1993 (“the Act”) which provides that:

(1) A petition submitted in accordance with section 57 may request that a council hold a public meeting regarding the subject matter of the petition.

(2) A council must hold a public meeting if the petition complies with section 57 and it is signed by whichever is the lesser of the following:

(a) 5% of the electors in the municipal area;

(b) 1000 of those electors.

The signatures on the petition were checked against the electoral roll and a total of 972 were verified as being from valid electors of the City of Hobart.

As the number did not meet the minimum requirement of 1,000 electors of the City, as provided under the Act, the Council was not obliged to conduct a public meeting, as requested.

The petition was again tabled to the Council meeting held on 4 February, 2019, noting a total of 1,808 signatures.

Subsequent to the verification of signatures, the number of City of Hobart electors is confirmed at 1,118 and therefore having now provided the required number of valid signatures under the Act, the petition meets the legislative provisions requiring the Council to conduct a public meeting.

Once the Council has noted its intention to conduct a public meeting, a number of triggers are enacted under s60A of the Act:

1. The Council has 30 days after the day on which it makes the decision to conduct the public meeting, in which to enact its decision;

2. The Council must advertise the details of the meeting twice, invite public submissions in relation the subject matter of the meeting and provide a period of 21 days after the first advertisement for the receipt of submissions;

3. A summary of all submissions received is to be made available to those attending the public meeting.

Further, the Act stipulates the timing of actions associated with a public meeting.

Based on the Council adopting the recommendation in this report at its next meeting on 18 February 2019, the following timeframes will apply:

1. The public meeting will be advertised twice, on 20^th and 27^th February 2019, inviting submissions.

2. Submissions will close on Wednesday 13 March 2019;

3. The public meeting will occur on Tuesday 19 March 2019, with a recommended start time of approximately 6.00pm to maximise the opportunity for people to attend.

The General Manager will make the necessary arrangements to facilitate the meeting, including:

1. Selection of an appropriate venue with the necessary support facilities to conduct the meeting effectively;

2. Preparation of an agenda and meeting rules;

3. Engagement of a suitable, independent facilitator to assist the running of the meeting; and

4. All other logistical arrangements necessary to conduct the public meeting.

The cost of the public meeting held on 16 October 2017, for Hobart Not Highrise was $13,596.

There is no budget allocation for the holding of public meetings through petitions.

REcommendation

That:

1. The Council note the petition submitted by Hobart Not Highrise and received by the Council on 4 February 2019, which requests the following action by the Council:

“Under section 59 of the Tasmanian Local Government Act, I request Hobart City Council to hold a public meeting about the issues in this petition, as the first step for residents to vote on these issues in an elector poll (under section 60c of the Act) The issues are:

I call on the Hobart City Council to:

1. Introduce absolute maximum building heights;

2. Protect Hobart’s heritage buildings, and

3. Protect Hobart’s view-lines;

all as per the City of Hobart’s professional planning officers’ recommendations to the Planning Committee on the 10^th December 2018.

These recommendations were not debated at this Planning Committee meeting, nor at the Council meeting the following week.”

2. Noting that the number of signatories to the petition meet the criteria required under s 59 2 of the Local Government Act 1993, the Council resolve to hold a public meeting on Tuesday 19 March 2019 at approximately 6.00pm at a venue to be determined by the General Manager

3. The General Manager take all necessary steps to facilitate the public meeting in accordance with the requirements of the Local Government Act 1993 and also in regard to logistics including final confirmation of the start time.

4. In resolving to conduct the public meeting, the Council note its statutory obligations as the local government planning authority.

5. The petitioner, Hobart Not Highrise be advised of the Council’s decision.

Nick heath

N.D Heath

General Manager

Date: 8 February 2019

File Reference: F19/13660; 15/10-01

Item No. 6.5

Agenda (Open Portion)

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Memorandum: Finance and Governance Committee

Petition Requesting Public Meeting - Residents Opposed to the Cable Car Inc.

This report relates to a petition which was presented to the Council, at its meeting held on 21 January, 2019 by the group Residents Opposed to the Cable Car Inc.

The petition states:

We the electors of Hobart call on the Hobart City Council to hold a Town Hall meeting in accordance with Section 57 of the Local Government Act. We request that the Hobart City Council hold this meeting upon receipt by the Hobart City Council of a development application from the Mt Wellington Cableway Company.

The petition noted that there were 1,000 signatures from electors in the Hobart municipal area, with a total of 1036 signatures.

The Council resolved to receive and note the petition and refer it to the appropriate committee.

Advice was sought in respect to the request in the petition that the public meeting be held upon receipt by the Council of a development application from the Mount Wellington Cableway Company.

Confirmation has been received that it is not possible for petitioners to alter the timeframes set out in the Local Government Act 1993 (“the Act”) for holding a public meeting, and therefore the Council would be obligated to hold a public meeting within 30 days of confirmation that the petition complies with s59 of the Act.

The organiser of the petition, Mr Cutlan was made aware of this situation and indicated that he was content for the public meeting to proceed in line with the legislative timeframe.

Section 59 of the Act requires a petition seeking to conduct a public meeting to have sufficient signatures to either represent 5% of electors in the municipal area, or 1,000 of those electors, whichever is the lesser number.

Section 60 of the Act requires the General Manager to advise the Council whether the petition has the requisite number of signatures and the Council is to determine any action to be taken in respect of the petition at that same meeting.

The signatures have been checked against the electoral roll and a total of 967 verified as being from valid electors of the Hobart City Council.

On this basis, the petition does not meet the threshold requirement of s59 of the Act and therefore the Council is not bound to hold a public meeting.

The organiser of the petition has been advised of the situation regarding the petition and it is understood that further signatures will be sought to enable it to be resubmitted at a later date.

REcommendation

That: 1. The Council note that in respect to the petition received on 21 January 2019 from the Residents Opposed to the Cable Car Inc., the minimum requirement for 1,000 signatures of electors of the Hobart City Council, as provided in s59 of the Local Government Act 1993, has not been achieved to require the Council to hold a public meeting to address the subject matter of the petition.

2. The proponent of the petition by the Residents Opposed to the Cable Car Inc. be advised of the Council’s resolution.

N.D Heath

General Manager

Date: 7 February 2019

File Reference: F19/9663; 16/119-005 & 16/119-006

Item No. 6.6

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REPORT TITLE: Request for Council Reception - The Federation of Ethnic Communities' Council of Australia

REPORT PROVIDED BY: Projects & Executive Officer - Lord Mayor

1. Report Purpose and Community Benefit

1.1. This report presents a request from the Federation of Ethnic Communities’ Council of Australia (FECCA) for the Council to hold a Civic Reception for delegates attending the FECCA’s national conference being held in Hobart in October 2019.

1.1.1. It is requested that the Civic Reception, in the form of an evening function, be held in the Town Hall Ballroom for up to 350 guests on Wednesday 9 October 2019.

2. Report Summary

2.1. The Council has been requested by the Federation of Ethnic Communities’ Council of Australia (FECCA) to consider hosting a Civic Reception in the Hobart Town Hall Ballroom in October 2019 for up to 350 guests attending the FECCA’s national conference in Hobart.

2.2. The FECCA is the national peak body advocating and promoting issues on behalf of Australians from culturally and linguistically diverse backgrounds to government and the broader community.

2.3. It is proposed that the Council determine whether it wishes to support the request.

2.4. The cost of the Civic Reception (being an evening reception) would be up to approximately $9,000 for 300 guests and could be funded from the Council-approved Civic Receptions budget line item in Budget Function 110 – Civic Support.

2.5. The request and the work the FECCA does, closely aligns with the community vision and some of Council’s subordinate strategies.

3. Recommendation

That:

1. The Council consider hosting a Civic Reception for the Federation of Ethnic Communities’ Council of Australia to be held in the Town Hall Ballroom on Wednesday 9 October 2019 for up to 300 guests, up to a maximum of $9,000.

2. If approved:

(i) The reception be funded from the Council reception line item in budget function 110 – Civic Support in the 2019/20 financial year.

(ii) The Council’s assistance be listed in the 2019/2020 Annual Report in accordance with its policy in respect to the disclosure of grants and benefits.

4. Backgrund

4.1. The Federation of Ethnic Communities Council of Australia (FECCA) was established in 1979 as a non-profit, voluntary organisation. Its early work focussed on attaining equity for migrants in areas such as employment, education and social services.

4.2. Over the years, the FECCA has grown to become an established organisation, with an elected executive Committee and professional national secretariat. It is the national peak body advocating and promoting issues on behalf of Australians from culturally and linguistically diverse backgrounds to government and the broader community.

4.3. In Hobart, the FECCA works closely with Hobart migrant community organisations including the Multicultural Council of Tasmania and the Migrant Resource Centre.

4.4. The FECCA holds biennial conferences which are their preeminent forum to discuss and debate issues related to Australia’s multiculturalism.

4.5. The 2019 conference coincides with the FECCA’s 40^th Anniversary and is expected to host 350 delegates and draw leading academics, practitioners and community leaders to Hobart.

4.6. The conference is being held over two days at the Hotel Grand Chancellor and delegates are expected to pre and post tour.

4.7. A conference of this size and duration is estimated to provide $580,000 in economic benefit to Hobart.

4.8. FECCA is seeking the Council’s consideration of hosting a reception in the Town Hall Ballroom on Wednesday 9 October 2019 for up to 350 guests.

4.9. It has been a tradition for the FECCA to have a function as part of their conference program at the host City’s Town Hall.

4.10. Whilst the request is for 350 guests, which FECCA is basing on the expected number of delegates who may register for the conference, the maximum capacity of the ballroom for a stand-up cocktail style function is 300 people and FECCA has been provided with, and accepts, this advice.

5. Proposal and Implementation

5.1. It is proposed that the Council determine whether it wishes to support the request from FECCA seeking a Civic Reception on Wednesday 9 October 2019 between 5:30pm and 7pm in the Town Hall Ballroom for up to 300 guests.

5.2. Should this proposal be approved, the Council would host the reception in the Town Hall Ballroom with Council officers working with FECCA to prepare invitations, arrange catering, waiting staff and dressing the room for the function.

5.3. Further, if the proposal was supported, the Council’s assistance would be listed in the 2019/20 Annual Report in accordance with its policy and in respect to disclosure of grants and benefits.

6. Strategic Planning and Policy Considerations

6.1. This request and what the FECCA stands for, closely aligns with A Community Vision for our Island Capital and the Council’s subordinate strategy, the City of Hobart Multicultural Strategy.

6.2. The work that Council does in this space, complements the work that FECCA does on a much larger scale in promoting multiculturalism, embodied in equitable policies and non-discriminatory practices for all people, regardless of their cultural, linguistic, ethnic or religious background.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Nil.

7.2. Impact on Future Years’ Financial Result

7.2.1. Should the Council support the hosting of the FECCA Reception, the cost of up to approximately $9,000 based on 300 guests at a per head rate of $30.00 would be attributed to the Council Reception line item in the Civic Support Budget in the 2019/20 Annual Plan.

7.2.2. An amount of $20,000 is allocated on an annual basis for Council-approved Civic Receptions in budget function 110 – Civic Support.

7.2.3. At this point in time, there are no Council-approved receptions for 2019/20.

8. Legal, Risk and Legislative Considerations

8.1. There are no legal, risk or legislative considerations arising from this report.

9. Social and Customer Considerations

9.1. Councils, Australia-wide, play a critical role in ensuring that migrants and refugees are welcomed and integrated into their new communities.

9.2. The City of Hobart has been actively involved in the promotion and celebration of multiculturalism in the Hobart community for many years. It continually strives to improve the wider community’s awareness and understanding of the benefits of cultural diversity and to mitigate the effects of racism and cultural isolation for multicultural people in our community.

9.3. The FECCA conference is an important national event that brings together the community sector to help shape future directions for Australia’s multiculturalism. It also provides a platform that encourages inclusive dialogue on the challenges and opportunities for our changing cultural and linguistic landscape.

10. Marketing and Media

10.1. The FECCA would be required to acknowledge the support of the City of Hobart in any marketing collateral or media associated with the conference.

11. Community and Stakeholder Engagement

11.1. In the writing of this report, consultation has occurred with Mr Mohammad Al-Khafaji, Acting Chief Executive Officer Federation of Ethnic Communities’ Council of Australia.

12. Delegation

12.1. This request is delegated to the Council for determination.

Kerry Signature

Kerry Baker

Projects & Executive Officer - Lord Mayor

Date: 6 February 2019

File Reference: F19/8078; 18/17

Attachment a: Attachment A - Letter of Request - FECCA - 24 December 2018 ⇩

Item No. 6.7

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REPORT TITLE: Purchasing Card Policy

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 a revised City of Hobart Purchasing Card Policy for the consideration and approval of Council.

1.2. The community benefit is for the City to have a purchasing card policy that balances payment method risk with the advantages inherent in payment by purchasing card for the City and its suppliers, particularly local business.

2. Report Summary

2.1. A revised City of Hobart Purchasing Card Policy is presented to Council for consideration and approval. If approved a final version of the revised policy would replace the City’s existing Purchasing Card Policy approved by Council at its meeting on 14 February 2018.

2.2. The City’s Purchasing Card Policy approved by Council on 14 February 2018 has been amended in light of the LGAT model credit card policy for Tasmanian councils that the Auditor-General recommended LGAT create for local government in Tasmania following its November 2017 Report: Use of Credit Cards by councils’ general managers and elected members.

2.3. The revised Purchasing Card Policy is based on the LGAT model credit card policy adapted to reflect the decisions already made by Council in approving its own Purchasing Card policy in February 2018 and the City’s operating environment and ethos in respect to the use of purchasing card as an effective payment method.

2.4. It is proposed that Council approve the revised City of Hobart Purchasing Card Policy and make it available from the City’s website.

3. Recommendation

That:

1. The Council approve the revised City of Hobart Purchasing Card Policy.

2. The General Manager be authorised to make any minor amendments and finalise.

3. The Aldermanic Development and Support Policy be updated to reflect consistency with the revised City of Hobart Purchasing Card Policy.

4. The revised policy be communicated widely to Council officers and made available from the City’s website.

4. Background

4.1. At its meeting on 14 February 2018 the Finance and Governance Committee considered a revised City of Hobart Purchasing Card Policy together with a presentation on the proposed new Purchasing Card Policy and framework, report attached – refer Attachments A and B.

4.2. In considering the revised policy the Finance and Governance Committee noted that the City’s new Purchasing Card Policy had been reviewed and contributed to by the Tasmanian Audit Office and the City’s internal auditors (WLF Accounting and Advisory) and had been endorsed by the City’s Risk and Audit Panel.

4.3. Following consideration, at its meeting on 14 February 2018, Council resolved to approve the Purchasing Card Policy noting the November 2017 Report of the Auditor-General: Use of Credit Cards by councils’ general managers and elected members recommended that a model credit card policy be created and adopted by all councils and that the Local Government Association of Tasmania (LGAT) had commenced work on a draft model Policy for broad council and relevant stakeholder consultation.

4.4. The LGAT model credit card policy for local government has been prepared – refer Attachment C, for use by all Tasmanian councils. The model credit card policy is designed to be tailored by councils to reflect the different operating environments and business rules.

4.5. It has been prepared following a 6 month consultation process with all councils, which included:

4.5.1. January 2018 – request for councils to provide current policies. The City of Hobart submitted its draft Purchasing Card Policy.

4.5.2. March 2018 – first draft model credit card policy sent to all councils for input and discussions at GMs workshop. The City of Hobart provided feedback on the first draft.

4.5.3. May 2018 – final draft model credit card policy issued for formal comment. The City of Hobart provided feedback on the final draft.

4.5.4. Feedback and endorsement from the Tasmanian Audit Office.

4.5.5. Feedback from the Local Government Division who had no objection to the Tasmanian Audit Office’s position.

4.5.6. Feedback from a private banking institution, with LGAT welcoming the external perspective.

4.6. A revised version of the City of Hobart Purchasing Card Policy is attached – refer Attachment D, which is the LGAT model credit card policy adapted to reflect:

4.6.1. the decisions already made by Council in approving its own Purchasing Card policy in February 2018; and

4.6.2. the City’s operating environment and ethos in respect to the use of purchasing cards as an effective payment method.

5. Proposal and Implementation

5.1. It is proposed that Council approve the revised City of Hobart Purchasing Card Policy and make it available from the City’s website.

5.2. The model policy states that a purchasing card will not be allocated to Councillors or Aldermen. Hence, this has been reflected in the revised City of Hobart Purchasing Card Policy.

5.3. The Auditor-General’s report concluded that “credit cards were not a necessary payment method for all elected members and very few councils employ this practice.”

5.4. LGAT’s advice to the City of Hobart is that “the City of Hobart could customise the model policy to continue to issue credit cards to Aldermen. We note that anecdotal discussions with the Tasmanian Audit Office (TAO) tend to accord with our view that there is no fundamental reason that would make it unacceptable for the role of Alderman or Councillor to ever hold a credit card – nevertheless, the evidence uncovered in the TAO’s investigation provides a strong indication that Aldermen or Councillors do not have a sufficient purchasing role to justify the issue of a card. Supporting the TAO / Auditor-General’s case are facts such as:

5.4.1. A majority of councils (16 of 29) do not issue credit cards to elected members at all, not even mayors;

5.4.2. Of the 13 councils who do issue card to elected members, 12 of them issue one card only, to the Mayor;

5.4.3. City of Hobart is the only council to issue cards to Aldermen;

5.4.4. Transaction numbers and amounts were very low, suggesting limited use and need, especially when compared to the total credit limit available to them.

5.5. We note that supporting City of Hobart’s position is that, as the capital city, City of Hobart’s elected members may play a special leadership role in Local Government for the whole state that other councils do not and that may incur a larger purchasing burden. If so, this does not come across in the 2016 purchasing data that the Auditor General’s 2017 Report relied upon. City of Hobart should also be mindful of community perceptions when tailoring the model policy”.

5.6. It should be noted that the City’s Purchasing Card Policy was reviewed, contributed to and endorsed by the Tasmanian Audit Office. However, the City of Hobart Purchasing Card Policy approved by Council in February 2018 was a policy for Officers not Aldermen. Aldermen had their own policy in respect to corporate credit cards and hence the Tasmanian Audit Office did not provide advice to the City on this point at the time.

5.7. Given that the revised Purchasing Card Policy now pertains to Councillors and Aldermen and reflects the LGAT Model Credit Card policy position that a purchasing card will not be allocated to Councillors or Aldermen, the Aldermanic Development and Support Policy will be updated accordingly.

5.8. An accompanying framework including documentation to support the policy, processes and procedures have been created.

5.9. The revised policy will be made available from the Council Policy section of the City’s website.

5.10. A comprehensive education and training program has been developed for all users and stakeholders.

5.11. An electronic expense management system has been procured to replace current manual systems.

6. Strategic Planning and Policy Considerations

6.1. The new Purchasing Card policy will replace the City’s Purchasing Card Policy adopted by Council at its meeting on 14 February 2018.

6.2. This report is also related to the City of Hobart Procurement Strategy 2018-2022.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. There are no implications on the current year operating result arising from this report. The financial implications arising from the adoption of the new Purchasing Card Policy and Framework are included in section 7 of the prior report – refer Attachment A.

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 were considered in detail in the report to the February 2018 Finance and Governance Committee meeting at Attachment A.

9. Delegation

9.1. Council.

Lara MacDonell

Group Manager Rates and Procurement

David Spinks

Director Financial Services

Date: 9 January 2019

File Reference: F18/98404

Attachment a: Report to February 2018 Finance and Governance Committee Meeting - Purchasing Card Policy ⇩

Attachment b: Council Approved Purchasing Card Policy - February 2018 ⇩

Attachment c: LGAT Model Credit Card Policy for Local Government in Tasmania ⇩

Attachment d: Draft City of Hobart Purchasing Card Policy - November 2018 ⇩

Item No. 6.8

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 196

13/2/2019

REPORT TITLE: Financial Report as at 31 December 2018

REPORT PROVIDED BY: Budget and Reporting Manager

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 December 2018 and to seek approval for changes to the 2018/2019 Estimates (budget).

2. Report Summary

2.1. The Financial Report for the period ending 31 December 2018 is presented for consideration. It shows that expenses are currently slightly favourable when compared to budget and revenues are currently slightly unfavourable, and forecasts the following financial outcomes for 2018/2019:

2.1.1. An underlying deficit of $0.13M;

2.1.2. A closing cash balance of around $27M; and

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

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

3. Recommendation

That:

1. The Council approve the changes to the 2018/2019 Estimates listed in tables 4, 5, 7 and 9 of Attachment A, the financial impacts of which are to decrease the underlying surplus by $1.06M, and to decrease the cash balance by $1.5M.

4. Background

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

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

4.1.2. The result of operations for the first six months of the 2018/2019 financial year;

4.1.3. Forecasts for 30 June 2019; and

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

4.2. In accordance with the Council’s decision on Agenda item 6.1 of its meeting on 18 June 2018 unspent 2017/2018 capital funding has been carried forward to the 2018/2019 year.

4.3. Council approved further changes to the Estimates as part of its meeting on 18 June 2018 to adjust the Taste of Tasmania budget. This resulted in the underlying surplus for 2018/2019 decreasing by $0.40M, from $1.45M to $1.05M.

4.4. Council approved Operating carry forwards from 2017/2018 as part of the financial report for the period 30 September 2018 which resulted in the forecast underlying surplus for 2018/2019 decreasing by $0.31M, from $1.05M to $0.74M.

4.5. Council approved further changes to the Estimates as part of the financial report for the period 30 September 2018 which resulted in the forecast underlying surplus for 2018/2019 increasing by $0.19M, from $0.74M to $0.93M.

5. Proposal and Implementation

5.1. The Financial Report seeks to have the 2018/2019 estimates (budget) amended to take account of expected differences from budget at 30 June 2019 (permanent variances).

5.2. It is proposed that the Council approve changes to the 2018/2019 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 net expenditure increasing (and the forecast cash balance decreasing) by $1.5M.

7.1.2. The decrease in the forecast cash balance results from a number of factors, but is primarily due to increased capital expenditure and increased 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 decrease the forecast underlying result by $1.06M (from a surplus of $0.93M to a deficit of $0.13M).

7.2.2. The decline in the forecast underlying result is mainly due to increased operating and finance costs and expected decreases in rates revenue as a consequence of the Southern Cross Care rates reimbursement.

7.2.3. Whilst an underlying deficit of $0.13M is currently forecast for 2018/2019, expenses are currently favourable and revenue are currently unfavourable when compared to budget. If this position continues, the final result may vary from the current forecast. Management will closely monitor with the aim to record an underlying surplus.

7.2.4. Costs and recoveries relating to the May 2018 storm event are excluded from the underlying result. $0.9M of operating costs have been incurred for the first six months of the 2018/2019 financial year. The first claim for recovery of the storm costs incurred in 2017-18 and costs up to November 2018 will be lodged in February 2019 and will improve the cash position.

7.2.5. The final operating result may differ from the current forecast for the following reasons:

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

7.2.5.2. 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 half of Council’s eight financial sustainability indicators are expected to be achieved in 2018/2019.

7.5.1.1. Budget targets for both the ‘underlying surplus’ and ‘underlying surplus ratio’ are not expected to be achieved mainly due to the deterioration in the forecast underlying result which results mainly from higher than expected operating costs, increased interest expense, reduced rates revenue and operating carry forwards from 2017/2018. As noted above, management will closely monitor with the aim to record an underlying surplus in the 2018/2019 financial year

7.5.1.2. Budget targets for both the net financial liabilities and the net financial liabilities ratio are not expected to be met due to a reduction in cash forecasts mainly from increased capital expenditure and increased operating costs. Despite not meeting target, these indicators are still within accepted benchmarks.

8. Legal, Risk and Legislative Considerations

8.1. Not Applicable.

9. Delegation

9.1. This matter is delegated to the Council.

Karelyn Stephens

Budget and Reporting Manager

David Spinks

Director Financial Services

Date: 7 February 2019

File Reference: F19/11853; 21-1-1

Attachment a: Financial Report ending December 2018 ⇩

Item No. 6.9

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 225

13/2/2019

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

REPORT PROVIDED BY: Group Manager Rates and Procurement

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 2018 to 31 December 2018.

2. Report Summary

2.1. A report outlining all grants and benefits provided by Council Committees and Council for the period 1 July 2018 to 31 December 2018 is attached.

2.2. It is proposed that the Committee note the listing of grants and benefits provided for the period 1 July 2018 to 31 December 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 December 2018”.

4. Background

4.1. A report outlining the grants and benefits provided for the period 1 July 2018 to 31 December 2018 is provided at Attachment A.

4.2. 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.

4.3. The listing of grants and benefits marked as Attachment A, has been prepared in accordance with the Council policy titled Grants and Benefits Disclosure – refer Attachment B.

5. Proposal and Implementation

5.1. It is proposed that the Committee note the grants and benefits listing as at 31 December 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 December 2018 were funded from the 2018-19 budget estimates.

8. Legal, Risk and Legislative Considerations

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

8.1.1. Grants and benefits

(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 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.

Lara MacDonell

Group Manager Rates and Procurement

Date: 6 February 2019

File Reference: F19/11724; 25-2-1

Attachment a: Grants and Benefits Listing as at 31 December 2018 ⇩

Attachment b: Council Policy - Grants and Benefits Disclosure ⇩

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 249

13/2/2019

8. Questions Without Notice

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

File Ref: 13-1-10

An Alderman or Councillor may ask a question without notice of the Chairman, another Alderman, Councillor, 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 or Councillor 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, Councillors, 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 and Councillors, at the appropriate time.

(iii) upon the answer to the question being circulated to Aldermen and Councillors, 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 250

13/2/2019

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:

· Request to waive requirements to tender

· The sale of land for unpaid rates

· Apointment to panel

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 Reports

Item No. 4.1 Sale of Land for Unpaid Rates

LG(MP)R 15(2)(f), (i) and (j)

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

LG(MP)R 15(2)(f), (g), (i) and (j)

Item No. 4.3 Request to Waive Requirement to Tender

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

Item No. 4.4 Appointment of Independent Member of Risk and Audit Panel

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

Item No. 5 Committee Action Status Report

Item No. 5.1 Committee Actions - Status Report

LG(MP)R 15(2)(c)(i), (d), (f) and e(i)

Item No. 6 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.