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City of hobart

 

 

 

 

AGENDA

Finance and Governance Committee Meeting

 

Open Portion

 

Tuesday, 18 February 2020

 

at 4:30 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

Working together to make Hobart a better place for the community. 

THE VALUES

The Council is:

 

People

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

Teamwork

We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community. 

Focus and Direction

We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community. 

Creativity and Innovation

We embrace new approaches and continuously improve to achieve better outcomes for our community. 

Accountability

We work to high ethical and professional standards and are accountable for delivering outcomes for our community. 

 

 


 

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 3

 

18/2/2020

 

 

ORDER OF BUSINESS

 

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

 

APOLOGIES AND LEAVE OF ABSENCE

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

2.        Confirmation of Minutes. 4

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 4

5.        Transfer of Agenda Items. 5

6.        Reports. 6

6.1     2019-20 Annual Plan - Progress Report  Period Ended 31 December 2019  6

7.        Committee Action Status Report. 48

7.1     Committee Actions - Status Report 48

8.        Responses to Questions Without Notice. 60

8.1     Council Delegations. 61

8.2     Council Meeting Costs. 64

9.        Questions Without Notice. 66

10.     Closed Portion Of The Meeting.. 67

 


 

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 4

 

18/2/2020

 

 

Finance and Governance Committee Meeting (Open Portion) held Tuesday, 18 February 2020 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

Harvey

Behrakis

Ewin

Sherlock

Coats

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, 10 December 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

Page 6

 

18/2/2020

 

 

6.       Reports

 

6.1    2019-20 Annual Plan - Progress Report
Period Ended 31 December 2019

          File Ref: F20/13106

Report of the Manager Economic Development Engagement & Strategy and the Director Community Life of 7 February 2020 and attachment.

Delegation:     Council


Item No. 6.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 8

 

18/2/2020

 

 

REPORT TITLE:                  2019-20 Annual Plan - Progress Report
Period Ended 31 December 2019

REPORT PROVIDED BY:  Manager Economic Development Engagement & Strategy

Director Community Life

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to present the 2019-20 Annual Plan progress report for the period ended 31 December 2019 (refer Attachment A).

2.         Report Summary

2.1.     The Annual Plan sets out the major actions and initiatives for the
2019-20 financial year and is aligned with the City’s strategic plan.

2.1.1.     For the purposes of the 2019-20 Annual Plan the major actions and initiatives are aligned with the Capital City Strategic Plan 2015-25 as the annual plan was developed prior to the endorsement of the Capital City Strategic Plan 2019-29. 

2.2.     This is the second progress report of the 2019-20 Annual Plan and covers the period 1 October to 31 December 2019. The attached progress reports provides commentary on progress against the major actions and initiatives in the annual plan and highlights for the period.

2.3.     The 2019-20 Annual Plan has 136 major actions and initiatives listed. Eleven (8 per cent) of the initiatives have been completed and 118 (88 per cent) of the initiatives are ongoing or commenced in the six months from July 2019.

 

3.         Recommendation

That the Council endorse the Annual Plan 2019-20 summary report for the period ending 31 December 2019, marked as attachment A to this report.

 

 

 

 

4.         Strategic Planning and Policy Considerations

4.1.     The preparation of the report provides an account of the major actions and initiatives identified for the 2019-20 financial year as set out in the Annual Plan.

4.2.     The Annual Plan progress report provides commentary on the progress on the achievement of the major actions and initiatives in the 2019-20 Annual Plan and aligns with various strategies in the Capital City Strategic Plan 2019-29 including best practice, transparency and accountability to the community. 

Capital City Strategic Plan 2019-29

Pillar 8: Governance and civic involvement

Outcome 8.1: Hobart is a city of best practice, ethical governance and transparent decision-making.

8.1.2      Practice and communicate good city governance and decision-making.

8.1.3      Ensure systematic and useful measurement of community outcomes and the City’s performance.

5.         Delegation

5.1.     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.

 

Luke Doyle

Manager Economic Development Engagement & Strategy

Tim Short

Director Community Life

 

Date:                            7 February 2020

File Reference:          F20/13106

 

 

Attachment a:             Annual Plan Progress Report - 1 October to 31 December 2019   


Item No. 6.1

Agenda (Open Portion)

Finance and Governance Committee Meeting - 18/2/2020

Page 47

ATTACHMENT a

 

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Item No. 7.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 48

 

18/2/2020

 

 

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 Elected Members.

REcommendation

That the information be received and noted.

Delegation:      Committee

 

 

Attachment a:             Committee Action Status Report - Open    


Item No. 7.1

Agenda (Open Portion)

Finance and Governance Committee Meeting - 18/2/2020

Page 59

ATTACHMENT a

 

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Item No. 8.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 60

 

18/2/2020

 

 

8.       Responses to Questions Without Notice

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

 

The General Manager reports:-

 

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

 

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

 

8.1    Council Delegations

          File Ref: F19/132878

Memorandum of the Acting Director City Governance of 13 February 2020.

8.2    Council Meeting Costs

          File Ref: F19/161334; 13-1-10

Memorandum of the Manager Legal and Governance of 13 February 2020.

 

Delegation:      Committee

 

That the information be received and noted.

 

 

 


Item No. 8.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 63

 

18/2/2020

 

 

Memorandum:          Lord Mayor

Deputy Lord Mayor

Elected Members

 

 

Response to Question Without Notice

 

Council Delegations

 

Meeting: Finance and Governance Committee

 

Meeting date: 15 October 2019

 

Raised by: Alderman Sexton

 

Question:

It is acknowledged that the use of delegations allows Council to respond more effectively to the community and provide for timely, consistent decisions. However, a Council can still choose to exercise a power themselves even after a power has been delegated.

Once a power is delegated, the delegate has the authority to use the power and does not need to seek further approval or endorsement before exercising the power.

Good governance requires that delegations be reviewed annually, or at least on the occasion of a new Council being elected, to ensure that the delegations are still appropriate.

Delegations register:

The Local Government Act requires under section 22 that:

(4)     The general manager is to –

(a)  keep a register of any delegation; and

(b)  make the register available for inspection at a public office.

Is there a delegations policy?

Can a quarterly report be made available to Council detailing the delegations exercised during each quarter?

 

 

 

 

 

 

 

 

Response:

 

Council maintains a Delegations Register which contains all Delegated Authorities.  The Register is reviewed annually.  There are three types of Delegations which grant authority to Council employees:

1.   Council delegations which delegate authority to the General Manager and other employees.

2.   Delegations under certain Acts and Authorities.

3.   Financial Delegations which delegate authority to employees to authorise expenditure from $1,000 up to an unlimited delegation for the General Manager.

The day to day business of the Council is dependent on the exercise of delegations.  In terms of financial delegations alone, it is estimated that some 34,000 transactions are authorised annually. The enactment of financial delegations are reviewed in the annual audit process.

 

Delegations under certain Acts and Authorities are wide ranging and include:

·    Local Government Act 1993

·    Land Use Planning and Approvals Act 1993

·    Building Regulations 2014

·    Plumbing Regulations 2014

·    Building Act 2016

·    Local Government (Building and Miscellaneous Provisions) Act 1993

·    Environmental Management and Pollution Control Act 1994

·    Urban Drainage Act 2013.

·    Local Government (Highways) Act 1982

·    Heavy Vehicle National Law (Tasmania) 2013

·    Weed Management Act 1999

·    Dog Control Act 2000

·    Public Health Act 1997

·    Food Act 2003

·    Public Interest Disclosures Act 2002.

·    Right to Information Act 2009

·    By-Laws

On the basis of discussion with Alderman Sexton it is understood that his primary interest relates to planning and financial delegations.  Planning Permits issued under Delegation are already reported in a quarterly report to the City Planning Committee.  Expenditure over $100,000 is already collated and reported in the Annual Report.  This information could be provided on a quarterly basis 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.

 

Margaret Johns

Acting Director City Governance

 

 

Date:                            13 February 2020

File Reference:          F19/132878

 

 

  


Item No. 8.2

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 65

 

18/2/2020

 

 

Memorandum:          Lord Mayor

Deputy Lord Mayor

Elected Members

 

 

Response to Question Without Notice

 

Council Meeting Costs

 

Meeting: Finance and Governance Committee

 

Meeting date: 10 December 2019

 

Raised by: Alderman Behrakis

 

Question:

 

Could the General Manager please provide the average cost of conducting a Council meeting, with the estimation to include the cost incurred for staff to draft and prepare reports for the consideration of a Council Committee and Council, together with supporting the meetings?

 

Response:

 

The average cost of a Council committee and Council meeting is difficult to ascertain, as the preparation of documentation (reports, agendas and minutes), the administration required for each Council committee (organisation of deputations, presentations etc) and the duration of meetings can fluctuate.  An indicative estimate of average costs is set out below, based on an average hourly rate of pay of $40 for those employees responsible for facilitating Council committees and Council meeting preparation and execution):

 

Council Committee Meeting:

 

Preparation of say five reports on average per committee (including research, writing, reviewing and approving reports), Committee meeting agenda preparation and administration, committee meeting support and minutes preparation and issuing actions arising:

 

Average cost per Council committee meeting:              $10,400.00

 

 

 

 

 

 

 

Council Meeting:

 

Preparation of any reports delegated directly to Council (including research, writing, reviewing and approving reports), Council meeting agenda preparation and administration, Council meeting support and minutes preparation and issuing actions arising:

 

Average cost per Council meeting:               $  1,200.00

 

Based on the figures above and each Council agenda comprising recommendations from three Council committees, the total average cost of each Council meeting cycle is estimated to be $32,400.00.

 

 

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:                            13 February 2020

File Reference:          F19/161334; 13-1-10

 

 

   


 

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 66

 

18/2/2020

 

 

9.       Questions Without Notice

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

File Ref: 13-1-10

 

An Elected Member may ask a question without notice of the Chairman, another Elected Member, 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 Elected Member 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, Elected Members, 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 Elected Members, at the appropriate time.

(iii)  upon the answer to the question being circulated to Elected Members, 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 67

 

18/2/2020

 

 

10.     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:  

 

·         Contract, and tenders, for the supply of goods and services and their terms, conditions, approval and renewal;

·         Expression of interest involving Council land; and

·         Information provided to the Council on the condition it is kept confidential.

 

The following items are listed for discussion:-

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Committee 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       Contract Extension - Contract No. 5856 - Commercial Tenancy Management

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

Item No. 4.2       Civic Square - Expression of Interest Process

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

Item No. 4.3       Derwent Estuary Program Lease - Part of Level 4, Council Centre

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

Item No. 4.4       Service Tasmania - Proposed Temporary Co-Location - Customer Service Centre

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

Item No. 5          Committee Action Status Report

Item No. 5.1       Committee Actions - Status Report

LG(MP)R 15(2)(b), (c)(i), (c)(ii), (d), (f), (g), (i) and  (j)

Item No. 6          Responses to Questions Without Notice

Item No. 6.1       Lord Mayoral Receptions

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

Item No. 6.2       Installation of Parking Sensors

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

Item No. 6.3       Property Council Luncheon

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

Item No. 7          Questions Without Notice