Agenda of Finance and Governance Committee Meeting

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.

The meeting was abandoned due to COVID-19

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 5

17/3/2020

Finance and Governance Committee Meeting (Open Portion) held Tuesday, 17 March 2020 at 4:30 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Zucco (Chairman)

Deputy Lord Mayor Burnet

Sexton

Thomas

Coats

NON-MEMBERS

Lord Mayor Reynolds

Briscoe

Harvey

Behrakis

Dutta

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, 18 February 2020, 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?

The meeting was abandoned due to COVID-19 Item No. 6.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

REPORT TITLE: Australian Local Government Association
Call for Motions

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to advise the Council of the upcoming Australian Local Government Association National General Assembly.

1.2. The National General Assembly provides an opportunity for Council’s to submit motions on national issues.

2. Report Summary

2.1. The Australian Local Government Association’s National General Assembly provides a platform for local government to address national issues.

2.2. The theme for the 2020 National General Assembly is ‘Working Together for our Communities’.

2.3. It will consider how strategic partnerships can assist councils to address the challenges and opportunities they are facing today and tomorrow.

2.4. The National General Assembly discussion paper identifies critical areas local government needs to consider now and into the future based on the Australia National Outlook 2019.

3. Recommendation

That the Council not submit any motions to the 2020 Australian Local Government Association’s National General Assembly.

4. Background

4.1. The Australian Local Government Association’s (ALGA) National General Assembly (NGA) provides a platform for local government to address national issues and advocate to the Australian Government on critical issues facing the sector.

4.2. The theme for the 2020 NGA is ‘Working Together for our Communities’.

4.3. The NGA will focus on working together for communities and how local governments can achieve success through partnerships. It will consider how strategic partnerships can assist councils to address the challenges and opportunities we are facing today and tomorrow.

4.4. ALGA has prepared a discussion paper (attached) that identifies critical areas local government needs to consider now and into the future based on the Australia National Outlook 2019. The National Outlook identified six important challenges already taking hold or on the horizon. They are:

· The rise of Asia;

· Technological change;

· Climate change and environment;

· Demographics;

· Trust; and

· Social cohesion

4.5. Motions submitted for consideration must meet a range of criteria, including:

· Being relevant to the work of local government nationally;

· Being consistent with the themes of the NGA;

· Complement or build on the policy objectives of state and territory local government associations;

· Be from a council which is a financial member of their state and territory local government association;

· Propose a clear action and outcome; and

· 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.

4.6. Whilst the Council was successful in having four motions carried at the 2019 NGA, including those listed below, no motions have been identified for submission this year.

· The NGA calls on the Australian Government to establish an infrastructure fund for the construction of active transport initiatives including pedestrian and bicycle facilities.

· The NGA calls on the Australian Government to give consideration to indemnifying Councils that undertake climate change mitigation initiatives.

· The NGA calls on the Australian Government to review the National Disaster Relief and Recovery Arrangements to consider broadening the definition of essential assets to include assets that are currently regarded as non-essential.

· The NGA calls on the Australian Government to extend and increase the funding of the Smart Cities and Suburbs Program.

5. Proposal and Implementation

5.1. Not applicable.

6. Strategic Planning and Policy Considerations

6.1. Not applicable.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Not Applicable.

7.2. Impact on Future Years’ Financial Result

7.2.1. Not Applicable.

7.3. Asset Related Implications

7.3.1. Not Applicable.

8. Delegation

8.1. 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.

N D Heath

General Manager

Date: 12 March 2020

File Reference: F20/1768

Attachment a: ALGA 2020 NGA Discussion Paper ⇩

The meeting was abandoned due to COVID-19 Item No. 6.2

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

Memorandum: Finance and Governance Committee

Working With Vulnerable People Registration - Elected Members

At its meeting of 16 December 2019 the Council resolved the following:

“Given Elected Members often attend functions where there are young and vulnerable community members present a report be prepared investigating the requirement for Elected Members to undertake a Police check and registration to work with vulnerable people. The report to also consider the referral of the matter to the Local Government Association of Tasmania for consideration.”

In consideration of elected members attaining the proposed accreditation there are many examples and instances of interactions that may take place in the course of an elected member carrying out their duties and or acting in a volunteering capacity.

This may include:

· Conducting Town Hall tours with students

· Sister City delegations with accompanying school groups

· Volunteering in emergency response situations

· Children’s week festivities

· YouthArc activities

· Citizenship Ceremonies

· Christmas Pageant

When an application for Working with Vulnerable People (Children) registration is lodged, an applicant gives consent to undergo a national background check.

Costs associated with attaining registration are:

· Employment / volunteer $113.40

· Volunteer only $19.44

It is proposed the costs for registration will be met from the elected member allowances and expenses budget function and there is funding available in the current financial year’s budget. The cost, however, would not be attributed to individual elected members as it is considered a cost related to carrying out the duties of the role as an elected member.

REcommendation

That:

1. Elected members be provided the opportunity to attain a Working with Vulnerable People (Children) registration.

2. As a cost related to carrying out the duties of the role as an elected member, the costs associated with the registration will be met from the elected member allowances and expenses budget function.

3. The Local Government Association of Tasmania be advised of the resolution, recommending it encourage other Council’s to adopt the initiative.

N D Heath

General Manager

Date: 12 March 2020

File Reference: F20/23046

The meeting was abandoned due to COVID-19 Item No. 6.3

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

REPORT TITLE: Grants and Benefits Listing as at
31 December 2019

REPORT PROVIDED BY: Manager Finance and City Procurement

Deputy General Manager

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 October to 31 December 2019.

2. Report Summary

2.1. A report outlining all grants and benefits provided by Council Committees and Council for the period 1 October to 31 December 2019 is attached.

2.2. It is proposed that the Committee note the listing of grants and benefits provided for the period 1 October to 31 December 2019, 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 2019’.

4. Background

4.1. A report outlining the grants and benefits provided for the period 1 October to 31 December 2019 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 2019.

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 City of Hobart Capital City Strategic Plan 2019-2029 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 2019-2029 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 2019 were funded from the 2019-20 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

Manager Finance and City Procurement

Heather Salisbury

Deputy General Manager

Date: 12 March 2020

File Reference: F20/24141; 25-2-1

Attachment a: Grants and Benefits Listing as at 31 December 2019 ⇩

Attachment b: Council Policy - Grants and Benefits Disclosure ⇩

The meeting was abandoned due to COVID-19 Item No. 6.4

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

CoH_4cm wide

Memorandum: Finance and Governance Committee

Outstanding Long Term Parking Permit Debts as at
29 February 2020

Information on sundry and long term parking permit debts is provided to the Finance and Governance Committee on a quarterly basis. At the Finance Committee meeting of 15 June 2016, it was resolved that the debts be reported separately to allow the reporting of long term parking debts to appear on the Open portion of the Finance and Governance Committee agenda.

This memorandum provides information on long term parking permit debts only. Debts relating to rates, sundry debts and parking fines are reported separately to the Finance and Governance Committee.

The table below provides a comparison to the same period last year and shows:

· A decrease ($18,623) in total debts outstanding;

· An increase ($1,178) in the 90 days and over category; and

· A decrease ($6,448) in debts 30 days and older (*).

	28-Feb-19	% of total O/S	31-Jan-20	% of total O/S	29-Feb-20	% of total O/S
	$		$		$
Current	75,805	85%	55,417	85%	63,630	91%
30 days	8,531	10%	4,467	7%	1,432	2%
60 days	803	1%	576	1%	276	0%
90 days	3,514	4%	4,898	7%	4,692	7%
Total	88,653		65,358		70,030

* 30 days+(all)	12,848	15%	9,941	15%	6,400	9%

Attachment A shows a three year comparison of outstanding long term parking permit debts.

REcommendation

That the information contained in the memorandum of the Manager Finance and the Deputy General Manager of 3 March 2020 titled “Outstanding Long Term Parking Permit Debts as at 29 February 2020” be received and noted.

Michael Greatbatch

Manager Finance

Heather Salisbury

Deputy General Manager

Date: 12 March 2020

File Reference: F20/24837

Attachment a: Three Year Comparison of Outstanding Long Term Parking Permit Debts ⇩

The meeting was abandoned due to COVID-19 Item No. 8.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

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 TASCORP Loan Re-Negotiations

File Ref: F20/23580; 13-1-10

Memorandum of the Deputy General Manager of 12 March 2020 and attachments.

8.2 Family and Domestic Violence Leave

File Ref: F19/160946; 13-1-10

Memorandum of the Deputy General Manager of 12 March 2020.

8.3 Family and Domestic Violence Leave

File Ref: F19/160940; 13-1-10

Memorandum of the Deputy General Manager of 12 March 2020.

Delegation: Committee

That the information be received and noted.

The meeting was abandoned due to COVID-19 Item No. 8.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

Memorandum: Lord Mayor

Deputy Lord Mayor

Elected Members

Response to Question Without Notice

TASCORP Loan Re-Negotiations

Meeting: Finance and Governance Committee

Meeting date: 18 February 2020

Raised by: Alderman Sexton

Question:

In 2019, the Council resolved to write to TASCORP to re-negotiate interest on our current loans. Could the General Manager please advise if this has transpired, and if so, could the General Manager please circulate to Elected Members copies of the correspondence from the City of Hobart and TASCORP’s response?

Response:

Council Officers met with TASCORP to discuss debt refinancing options. The response from TASCORP is attached – refer Attachment A.

Council Officers have also spoken with the Commonwealth Bank of Australia, with which the City has a loan. The response from the Commonwealth Bank is attached – refer Attachment B.

Given the further questions raised at the Elected Member Budget Workshop held on 3 March 2020, Officers will seek an independent financial analysis of the options available to Council and a report will be provided to Council in due course.

Heather Salisbury

Deputy General Manager

Date: 12 March 2020

File Reference: F20/23580; 13-1-10

Attachment a: Letter from Tascorp ⇩

Attachment b: Email from the Commonwealth Bank of Australia ⇩

The meeting was abandoned due to COVID-19 Item No. 8.2

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

Memorandum: Lord Mayor

Deputy Lord Mayor

Elected Members

Response to Question Without Notice

Family and Domestic Violence Leave

Meeting: Finance and Governance Committee

Meeting date: 10 December 2019

Raised by: Alderman Behrakis

Question:

Under the current City of Hobart Enterprise Bargaining Agreement, staff are able to access Family and Domestic Violence Leave. Could the General Manager please advise how this leave is triggered?

Response:

Under the current Hobart City Council Enterprise Agreement 2016 an employee (other than a casual employee) experiencing family and domestic violence is entitled to five (5) days per year of paid family and domestic violence leave in addition to access to paid personal leave for the purpose of: (a) attending legal proceedings, counselling, appointments with a legal practitioner; (b) relocation or making other safety arrangements; or (c) other activities associated with the experience of family and domestic violence.

In addition, an employee (other than a casual employee) who provides support to a person experiencing family and domestic violence is entitled to access the family and domestic violence leave for the purpose of: (a) accompanying that person to legal proceedings, counselling, or an appointment with legal practitioner; (b) assisting with relocation or other safety arrangements; or (c) other activities associated with family and domestic violence.

The family and domestic violence leave provided under this sub-clause is in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day, and can be taken without prior approval.

In order to provide support to an employee experiencing family and domestic violence and to provide a safe work environment to all employees, Council will approve any reasonable request from an employee experiencing family and domestic violence for: (a) changes to their span of hours or pattern of hours and/or shift patterns; (b) job redesign or changes to duties; (c) relocation to suitable employment within Council; (d) a change to their telephone number or email address to avoid harassing contact; or (e) any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements.

Family Violence Leave is dealt with under a Special Leave Application that is completed by the employee and approved by their direct Manager.

Heather Salisbury

Deputy General Manager

Date: 12 March 2020

File Reference: F19/160946; 13-1-10

The meeting was abandoned due to COVID-19 Item No. 8.3

Agenda (Open Portion)

Finance and Governance Committee Meeting

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17/3/2020

Memorandum: Lord Mayor

Deputy Lord Mayor

Elected Members

Response to Question Without Notice

Family and Domestic Violence Leave

Meeting: Finance and Governance Committee

Meeting date: 10 December 2019

Raised by: Alderman Sexton

Question:

In the event that Family and Domestic Violence Leave is taken, is there any procedure in place to follow-up and is the incident reported to Tasmania Police?

Response:

Since this leave was introduced in the 2016 HCC EA, there has been one employee who has made an application for family and domestic violence leave.

In this particular case the Police were already involved.

The Council offers support through its Employee Assistance Program, currently provided by Amovita, to employees affected by family and domestic violence. Extended sessions are offered, depending upon the individual circumstances.

Support for the employee is also provided by the Work Health and Safety team where this is appropriate.

If an incident has not been reported to Police, part of the support process would be to advise the employee this is an avenue that they may wish to consider.

Heather Salisbury

Deputy General Manager

Date: 12 March 2020

File Reference: F19/160940; 13-1-10

The meeting was abandoned due to COVID-19

Agenda (Open Portion)

Finance and Governance Committee Meeting

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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.

The meeting was abandoned due to COVID-19

Agenda (Open Portion)

Finance and Governance Committee Meeting

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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:

· Proposals for the council to acquire land or an interest in land or for the disposal of land; and

· Information of a personal and confidential nature or 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 Giblin Street Ex-Asphalt Plant Site - Future Options for Residential Zoned Land

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

Item No. 4.2 Outstanding Sundry Debts as at 29 February 2020

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)(b), (c)(i), (c)(ii), (d), (f), (g), (i) and (j)

Item No. 6 Questions Without Notice