Agenda of Council Meeting

Agenda (Open Portion)

Council Meeting

Page 6

24/8/2020

A meeting of the Open Portion of the Council will be held on Monday, 24 August 2020 at 5:00 pm.

N D Heath

General Manager

This meeting of the Council is held in accordance with a Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Alderman J R Briscoe

Alderman Dr P T Sexton

Alderman D C Thomas

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor J Ewin

Councillor Z E Sherlock

Councillor W N S Coats

APOLOGIES:

LEAVE OF ABSENCE: Nil.

1. Confirmation of Minutes

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 10 August 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

2. Transfer of Agenda Items

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

3. Communication from the Chairman

4. Notification of Council WorKshops

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that no Council workshops have been conducted since the last ordinary meeting of the Council.

5. Public Question Time

6. Petitions

7. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

RECOMMENDATION

That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

8. Indications of Pecuniary and Conflicts Of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Elected Members 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 Council has resolved to deal with.

Agenda (Open Portion)

Council Meeting

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24/08/2020

Reports of Committees

City Planning Committee

9. Council Acting as Planning Authority

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

In accordance with Regulation 25, the Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

The Council is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

9.1 48-50 New Town Road and 52 New Town Road and 7A Clare Street and 46 New Town Road, New Town and Adjacent Road Reserve - Demolition, New Building for Hospital Services, Business and Professional Services, and General Retail and Hire, Signage, and Associated Infrastructure Works

PLN-20-249 - File Ref: F20/88655

Ref: Open CPC 7.1.2, 17/08/2020

Application Expiry Date: 25 August 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for hospital services, business and professional services, and general retail and hire, signage, and associated infrastructure works at 4850 New Town Road and 52 New Town Road and 7A Clare Street and 46 New Town Road, New Town and adjacent road reserve for the following reasons:

1. The proposal does not meet the acceptable solution, the performance criterion or the objective of clause 15.4.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposed building height: is not compatible with the scale of nearby buildings; does not offer an appropriate transition in height between adjoining buildings; does not contribute positively to the streetscape; and will result in unreasonable impact on residential amenity of land in the Inner Residential Zone.

2. The proposal does not meet the acceptable solution, the performance criterion or the objective of clause 15.4.1 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the proposed building height within 10m of the Inner Residential Zone is not compatible with the building height of existing buildings on adjoining lots in the Inner Residential Zone; and will result in unreasonable impact on residential amenity of land in the Inner Residential Zone.

9.2 73 View Street, Sandy Bay - Demolition (Chimney)

PLN-20-403 - File Ref: F20/87609

Ref: Open CPC 7.1.4, 17/08/2020

Application Expiry Date: 28 September 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition (chimney) at 73 View Street, Sandy Bay on the basis that the proposal meets the requirements of the Scheme, in particular clause E13.8.1 P1, and a permit containing the following condition be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-20-403 – 73 View Street, Sandy Bay - Final Planning Documents.

Reason for condition

To clarify the scope of the permit.

10. Monthly Building Statistics - 1 July - 31 July 2020

File Ref: F20/87620

Ref: Open CPC 8.1, 17/08/2020

That the report of the Director City Planning be received and noted:

1. During the period 1 July 2020 to 31 July 2020, 57 permits were issued to the value of $18,938,311 which included:

(i) 17 for Extensions/Alterations to Dwellings to the value of $3,050,575;

(ii) 16 New Dwellings to the value of $6,565,565; and

(iii) 3 Major Projects:

a) 15 Gourlay Street, West Hobart - Commercial Extension - $4,000,000;

b) 30 Bathurst Street. Hobart - Commercial Internal Alterations - $2,000,000;

c) 6 Midwood Street, New Town - New Commercial Buildings and Associated Civil Works, Stage 1 - $1,069,160

2. During the period 1 July 2019 to 31July 2019, 62 permits were issued to the value of $15,677,986 which included:

(i) 32 for Extensions/Alterations to Dwellings to the value of $3,808,860;

(ii) 7 New Dwellings to the value of $1,490,000; and

(iii) 2 Major Projects:

a) 155-165 Argyle Street, Hobart - Alterations and Additions (Car Storage and Apartments) - $3,500,000;

b) 410 Sandy Bay Road (Wrest Point Casino), Sandy Bay - Alterations (Stage 2 Floors 6-8) - $2,500,000

3. In the twelve months ending 31 July 2020, 615 permits were issued to the value of $226,858,115; and

4. In the twelve months ending 31 July 2019, 639 permits were issued to the value of $370,999,768.

Agenda (Open Portion)

Council Meeting

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24/08/2020

Motions of which notice has been given

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

11. Development of Council Policy and Process for Lobbyists and Developers

File Ref: F20/89963; 13-1-9

Councillor Harvey

Motion:

“That Council Officers prepare a report on the development of a council policy and process for the registration of lobbyists and developers and to record interactions with elected representatives of the City of Hobart.”

Rationale:

“Lobbyist registers occur at all three tiers of government with the objective of ensuring a high level of transparency and accountability.

Lobbyists are regularly employed to run media campaigns to promote development applications and lobby elected representatives with regard to various issues. It is important that these actions are transparent to the public. A council policy with regard to this, would provide for such transparency.

The City of Hobart should consider establishing a register of lobbyists and their interactions with elected representatives like other councils have done to ensure that there is a high level of transparency and public accountability.

National Level

“In 2008, the Australian Government introduced the Lobbying Code of Conduct (the Code) and established the Register of Lobbyists - external site (Register). The intent of the Code is to ensure that contact between lobbyists and Australian Government representatives is conducted in accordance with public expectations of transparency, integrity and honesty.”

https://www.ag.gov.au/integrity/australian-government-register-lobbyists

State Level

All State and Territory Governments have a Register of Lobbyists.

In Tasmanian, the Department of Premier and Cabinet maintains the Register of Lobbyists.

http://lobbyists.dpac.tas.gov.au/lobbyist_register?fbclid=IwAR3-w9gbjqz-mvi7uK_IPRmobNHNxY1gjCni2nwWX8HH_x1BR_VuVBLSjig

In Queensland, the Integrity Act 2009, also requires that local government lobbyists are included in the Register of Lobbyists.

“Professional lobbyists who wish to lobby State or local government representatives in Queensland (Ministers, Parliamentary Secretaries, Ministerial staff, councillors (including mayors) and senior staff working in State or local government public sector agencies) must be listed on the Register of Lobbyists. This is a requirement of the Integrity Act 2009.” https://lobbyists.integrity.qld.gov.au/

Local Government

At a local council level in Australia, a number of councils have implemented policies with regard to contact with lobbyists and developers. An example from the City of Bayswater follows and links to other councils are included below.

COUNCIL POLICY: ELECTED MEMBERS CONTACT WITH DEVELOPERS

POLICY OWNER: Chief Executive Officer

POLICY STATEMENT: To provide the highest standards of transparency and openness in town planning and development decision-making and to avoid perceptions of bias or undue influence.

POLICY DETAILS

All elected members are to record any contact they have with developers and to notify the CEO within 10 days of the contact occurring.

This record should include:

• Developer’s name;

• Date and time of contact;

• Type of contact;

• Property or properties within the City of Bayswater (the City) to which the contact related;

• Nature of the issue covered in the contact; and

• Elected member's response.

The CEO is to create and maintain a register of that contact, which will be made available to the public via the City's website and updated on a regular basis.

Planning or Development Proposals with a Residential Design Code of R25 or below are exempt from this policy.

Where contact occurs in the form of a group email or other correspondence to all elected members, then the Office of the Mayor shall provide a copy of the correspondence to the CEO for the purpose of compliance with this policy.

The City may develop and maintain a Management Practice to detail the process for managing and publishing the register.

DEFINITIONS

"Contact" means any communication or conversation between a Council Member and a Developer, in relation to a development or planning application in the City, regardless of whether it is foreseen, planned, solicited or reciprocated. Contact does not include any contact in the form of a public statement made at a Council Forum, Council Briefing or Council Meeting or similar, or contact that involves the Council Member engaging in any discussion or communication with the developer on the planning or development proposal at these occasions.

"Developer" means an individual, body corporate or company engaged in a business that:

(a) regularly involves the making of planning or development proposals for land, with the ultimate purpose of the sale or lease of the land for profit; and

(b) includes any consultant, lobbyist, advisor, agent, representative or person closely associated with a developer and who is appointed to promote or advocate for the developer’s interests or proposal, except when they are representing someone who is not regularly involved in the making of planning or development proposals for land.

"Planning or Development Proposal" means and includes:

(a) a proposed Local Planning Policy or amendment to a Local Planning Policy under the City’s operative Town Planning Scheme;

(b) a proposed amendment to the City’s operative Town Planning Scheme;

(c) an application under the City’s operative Town Planning Scheme or the Metropolitan Region Scheme for approval of the use or development of land; and

(d) which is currently before or at the time of contact known to require determination by Council or the Joint Development Assessment Panel.

RELATED LEGISLATION AND OTHER REFERENCES

• Elected Members Code of Conduct Code of Conduct 2015

Adopted by Council:	27 March 2018
Amended	Nil
Strategic Link	Governance and

Other Examples in Australia include:

https://www.sutherlandshire.nsw.gov.au/Council/Accessing-Information/Lobbyist-Register

http://www.cassowarycoast.qld.gov.au/documents/1422210/3058915/Councillor%20Contact%20with%20Lobbyists%2C%20Developers%20and%20Submitters.pdf

https://www.ararat.vic.gov.au/sites/default/files/document/Agenda%20191210%20Attachment%203.5%20Lobbyingx.pdf

Examples from the USA include:

https://www.orlando.gov/Our-Government/Records-and-Documents/Lobbyist-Information/Register-as-a-Lobbyist

https://www.orlando.gov/Our-Government/Records-and-Documents/Lobbyist-Information/Register-as-a-Lobbyist.”

The General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to a proposed policy for the Council.

While this remains a policy decision for Council, it is recognised that such registers have been implemented in other jurisdictions. Should the Council so resolve, these other jurisdictions would be considered in the development of any policy for the City of Hobart. It should be noted, however, that many of these jurisdictions had experienced systemic governance issues which necessitated the development of such policies.

Consultation would also occur with the Director of Local Government and the Integrity Commission.”

Agenda (Open Portion)

Council Meeting

Page 14

24/8/2020

Finance and Governance Committee

12. 2019-20 Annual Plan - Final Report
Period Ended 30 June 2020

File Ref: F20/81276

Ref: Open FGC 6.1, 18/08/2020

That the Council endorse the Annual Plan Final Report for the period ending 30 June 2020, marked as Attachment A to item 6.1 of the Open Finance and Governance Committee agenda of 18 August 2020.

13. City of Hobart - Customer Service Charter - Complaints and Compliments - Annual Report 2019/20

File Ref: F20/74313; 11-15-9

Ref: Open FGC 6.2, 18/08/2020

That in accordance with Section 339F (5) of the Local Government Act 1993 the report marked as item 6.2 of the Open Finance and Governance Committee agenda titled City of Hobart – Customer Service Charter – Complaints and Compliments – Annual Report 2019/20 be noted.

14. Council Policy Manual Review July 2020

File Ref: F20/88806; 18/17

Ref: Open FGC 6.3, 18/08/2020

That: 1. The Council Policies marked as Appendices 1 to 17 (excluding the policy titled Leases to Non-profit Organisations (NFPO) marked as Appendix 18), as shown in Attachment A to item 6.3 of the Open Finance and Governance Committee agenda of 18 August 2020, be endorsed.

2. The amendments to the Council’s Policy titled Private Works – Charges marked as Appendix 1, as shown in Attachment A to item 6.3 of the Open Finance and Governance Committee agenda of 18 August 2020 be endorsed, as varied by the deletion of the proposed second paragraph under Section 3, and substituted with the following:

Any request waiving or reducing a charge for private works will be referred to the Council for decision.

Item No. 17

Agenda (Open Portion)

Council Meeting

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24/8/2020

Memorandum: Council

Code of Conduct Determination Report
Ms Tanya Denison v Lord Mayor, Councillor Reynolds

Pursuant to section 28ZK(2) of the Local Government Act 1993 I have been provided with a copy of a determination report from the Code of Conduct Panel in respect to a complaint lodged by Ms Tanya Denison against Councillor Reynolds.

The Act requires that I table this at the first meeting of the Council which is practicable to do so and which is open to the public. As such, a copy of the determination report is included as Attachment A to this report.

REcommendation

That the Council receive and note the Code of Conduct Determination Report in respect to a complaint lodged by Ms Tanya Denison against Lord Mayor, Councillor Reynolds, shown as Attachment A to this report.

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: 17 August 2020

File Reference: F20/90263

Attachment a: Code of Conduct Report - 14 August 2020 ⇩

Item No. 18

Agenda (Open Portion)

Council Meeting

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24/8/2020

Memorandum: Council

Risk and Audit Panel Revised 2020 Work Plan

Background:

The international, national and local circumstances experienced during 2020 have required all organisations to reconsider many aspects of their operations. In particular, this had led to organisations addressing the potential limitations of current risk management policies, practices and activities, the nature and frequency of corporate crises and the critical role that the Risk and Audit Panel (Panel) can provide in the effective governance before, during and after such events.

Council, management and the whole organisation, by necessity, have had to review what they do, how they do it and, in particular, develop their readiness to deal with such future events. This means that, in the future, disaster recovery (or business recovery), crisis management and overall risk resilience must be strong, mature and integrated into operational activities.

It is essential that Council’s overall risk resilience is comprised of four steps – anticipate and access; protect and control; plan and prepare; and when required, respond and recover.

Major changes to work plan:

For the above reasons, the Panel and management have reviewed the Panel’s work plan in conjunction with the organisation’s recovery and resilience planning, and its overarching business review. This has resulted in the Panel reprioritising activities and projects in its work plan for 2020.

The major changes are:

· A review of the organisation’s emergency management (including a review of its Covid response);

· The review of the organisation’s essential business activities in order to facilitate future organisational recovery and resilience;

· Ongoing oversight of the business systems projects; and

· An increased oversight of the recommended remedial actions and their implementation.

The above changes have required a reprioritisation of some of the other projects that the internal auditors and/or management were scheduled to undertake over the next 6 to 12 months.

The attached work plan reflects the above changes as they affect the remainder of 2020. Projects which have been deferred are shown italics.

The Panel, in conjunction with management, will provide a Panel work plan for 2021 together with its Annual Report for 2020. At that time, it is expected that the organisation’s understanding of and its ability to respond to and recover from major crises will be more developed, enabling an increased robustness of resilience to and recovery from major disruptions and catastrophic risks.

REcommendation

That the Council approve the attached revised work plan for the Risk and Audit Panel for 2020.

David Hudson

Chairman, Risk and Audit Panel

Date: 19 August 2020

File Reference: F20/90685

Attachment a: Risk and Audit Panel 2020 Work Plan ⇩

Agenda (Open Portion)

Council Meeting

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20. Closed Portion Of The Meeting

RECOMMENDATION

That the Council resolve by absolute 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:

· Legal action involving the Council

· Proposal for Council land

· Commercial information of a confidential nature

· Personal information

· Contracts and tenders

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 Communication from the Chairman

Item No. 3 Leave of Absence

Item No. 4 Consideration of supplementary Items to the agenda

Item No. 5 Indications of pecuniary and conflicts of interest

Item No. 6.1 PLN-19-3 - 190 Macquarie Street, Hobart and Adjacent Road Reserve - Demolition and New Building for Four Multiple Dwellings and Works in Road Reserve - Appeal - Mediation

LG(MP)R 15(4)(a)

Item No. 7 Giblin Street Ex-Asphalt Plant Site - Future Options for Residential Zones Land - Further Information

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

Item No. 8 Charitable Rates Exemption - Rates Remission Request

LG(MP)R 15(2)(j)

Item No. 9 Request for Remission of Rates Paid

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

Item No. 10 Outstanding Rates as at 30 June 2020

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

Item No. 11 Contract Variation - P17/114 Security Services

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

Item No. 12 Financial Hardship - Rates Remission Request

LG(MP)R 15(2)(j)

Item No. 13 Request to Waive Requirement to Tender

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

Item No. 14 Contract Extension – Contract Number P16/54 Panel of Providers for the Supply of Metal Product

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

Item No. 15 North Hobart Oval - Proposal to Seek a Naming Rights Sponsor - North Hobart Football Club

LG(MP)R 15(2)(b)