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City of hobart

 

 

 

 

AGENDA

Finance and Governance Committee Meeting

 

Open Portion

 

Tuesday, 15 September 2020

 

at 4:30 pm

 


 

 

 

 

THE MISSION

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

THE VALUES

The Council is:

 

People

We care about 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 are transparent, 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

 

15/9/2020

 

 

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. 5

5.        Transfer of Agenda Items. 5

6.        Reports. 6

6.1     Annual Elected Member Representation on External Bodies & Membership of the Tasmanian Polar Network. 6

6.2     Grants and Benefits Listing as at 30 June 2020. 32

6.3     Lease of Part of the First Floor, 5 Morrison Street 41

6.4     Lease of Part of Level 4, Council Centre. 69

7.        Committee Action Status Report. 91

7.1     Committee Actions - Status Report 91

8.        Responses to Questions Without Notice. 101

8.1     Grant Funding for Infrastructure Projects. 102

9.        Questions Without Notice. 105

10.     Closed Portion Of The Meeting.. 106

 


 

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 5

 

15/9/2020

 

 

Finance and Governance Committee Meeting (Open Portion) held Tuesday, 15 September 2020 at 4:30 pm.

 

This meeting of the Finance and Governance Committee 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.

 

COMMITTEE MEMBERS

Zucco (Chairman)

Deputy Lord Mayor Burnet

 Sexton

 Thomas

 Coats

 

NON-MEMBERS

Lord Mayor Reynolds

Briscoe

Harvey

Behrakis

Dutta

Sherlock

Ewin

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 August 2020 and the Special Finance and Governance Committee meeting held on Monday, 24 August 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?

 


Item No. 6.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

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15/9/2020

 

 

6.       Reports

 

6.1    Annual Elected Member Representation on External Bodies & Membership of the Tasmanian Polar Network

          File Ref: F20/70759

Memorandum of the General Manager of 10 September 2020 and attachments.

Delegation:     Council


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Memorandum: Finance and Governance Committee

 

Annual Elected Member Representation on External Bodies & Membership of the Tasmanian Polar Network

 

In accordance with the Council’s policy titled External Bodies – Representations and Reporting on Activities, annual reports are provided by both elected members and officers who have been nominated to represent the Council on external bodies, with respect to the activities undertaken during the year in review.

 

The policy states that:

 

1.    Where the Council has representatives on an outside body, it appoints a proxy to represent the Council on such bodies which have indicated that a proxy would be accepted in the absence of the duly appointed representative.

2.    Reports from representative on outside bodies be made once each year and an item for this purpose be listed annually on the Finance and Governance Committee agenda.

(i)    The annual reporting, where possible, should include the number of meetings held by the body and the number of meetings which have been attended by the Council representative.

For the purposes of this report and in light of the unprecedented circumstances bourn by COVID-19, the reporting period is for the period commencing 1 November 2018 to 31 July 2020.

 

Attached are the written reports, provided for the purpose of meeting the External Bodies – Representations and Reporting on Activities policy requirements, by the Lord Mayor, Elected Members and Council officers.

 

Included in those reports is one relating to the Tasmanian Polar Network.  It is the peak Antarctic and Southern Ocean sector industry body for the state. It comprises a group of business, scientific organisations and government based in Tasmania that have a common focus of serving commercial, community and scientific activity relating to Antarctica, the sub-Antarctic and Southern Ocean.

 

The Tasmanian Polar Network is supported by the Tasmanian Government through their Antarctic Tasmania team and the Council has been a member since 2002.

 

The annual membership of Tasmanian Polar Network is $330 and it is recommended that the Council continue to maintain its membership that is funded from the Economic Development Function of the 2020/2021 annual plan.

 

Elected Members are also invited to provide verbal reports at the Finance and Governance Committee meeting.

 

 

REcommendation

That:

1.      The information contained in this report, and the verbal reports provided by Elected Members, be received and noted.

2.      The Council continue its annual membership of the Tasmanian Polar Network to be funded from the Economic Development Function of the 2020/2021 Annual Plan.

 

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.

 

Nick heath

N D Heath

General Manager

 

 

Date:                            10 September 2020

File Reference:          F20/70759

 

 

Attachment a:             Annual Report of the Lord Mayor

Attachment b:             Annual Reports Elected Members

Attachment c:            Annual Reports Provided by Council Officers   


Item No. 6.1

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ATTACHMENT a

 

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ATTACHMENT b

 

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ATTACHMENT c

 

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Item No. 6.2

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6.2    Grants and Benefits Listing as at 30 June 2020

          File Ref: F20/83176; 25-2-1

Memorandum of the Manager Rates, Procurement and Finance Operations of 10 September 2020 and attachment.

Delegation:     Committee


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15/9/2020

 

 

REPORT TITLE:                  Grants and Benefits Listing as at 30 June 2020

REPORT PROVIDED BY:  Manager Rates, Procurement and Finance Operations

 

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 2019 to 30 June 2020.

2.         Report Summary

2.1.     A report outlining all grants and benefits provided by Council Committees and Council for the period 1 July 2019 to 30 June 2020 is attached.

2.2.     It is proposed that the Committee note the listing of grants and benefits provided for the period 1 July 2019 to 30 June 2020, 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 30 June 2020’.

 

4.         Background

4.1.     A report outlining the grants and benefits provided for the period 1 July 2019 to 30 June 2020 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.

5.         Proposal and Implementation

5.1.     It is proposed that the Committee note the grants and benefits listing as at 30 June 2020.

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’s Community Vision, 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 30 June 2020 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.

 

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.

 

Lara MacDonell

Lara MacDonell

Manager Rates, Procurement and Finance Operations

 

 

Date:                            10 September 2020

File Reference:          F20/83176; 25-2-1

 

 

Attachment a:             Grants and Benefits Listing as at 30 June 2020   


Item No. 6.2

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ATTACHMENT a

 

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Item No. 6.3

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6.3    Lease of Part of the First Floor, 5 Morrison Street

          File Ref: F20/99099

Memorandum of the Manager Legal and Governance of 10 September 2020 and attachments.

Delegation:     Committee


Item No. 6.3

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15/9/2020

 

 

 

 

Memorandum: Finance and Governance Committee

 

Lease of Part of the First Floor, 5 Morrison Street

 

The Council has been approached by the Climate Justice Initiative Ltd (“CJIL”) enquiring about the availability of any Council-owned office space which would be available for lease.

Council officers reviewed the space available and identified an area on Level 4 of the Council Centre as being suitable. The CJIL formally wrote to the Council requesting a lease of this area for one year at a nominal rent (Attachment A).

In the interim, the space enclosed in red on the plan marked as Attachment B became available for rent on the first floor of the Council’s property at 5 Morrison Street (“Property”). An agent from Devine Property showed the CJIL this area and they have requested a lease of this space on the same terms as their formal written request.  Council officers consider that the Morrison Street space is a more appropriate space.

A valuation of this area indicates it has a market rent value of $6,600.00 per annum (excluding GST) (Attachment C).

The request has been assessed against the Council’s Policy for Leases to Non-profit Organisations and has been determined to meet the criteria contained in the policy (Attachment D).The text associated with the memorandum goes here

 

REcommendation

That:

1.      The Climate Justice Initiative Ltd be granted a twelve (12) month lease at the nominal rent of fifty dollars ($50.00) per annum for that part of the first floor of the property at and known as 5 Morrison Street, Hobart in Tasmania and forming part of folio of the Register Volume 32426 Folio 1 enclosed in red on the plan (Attachment A);

2.      The General Manager be authorised to finalise the terms of the lease; and

 

 

3.      The reduction in rent be recorded in the Council’s Annual Report in accordance with the Council’s Policy for Leases to Non-Profit Organisations.

 

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:                            10 September 2020

File Reference:          F20/99099

 

 

Attachment a:             Request

Attachment b:             Plan of Lease Area

Attachment c:            Valuation Report

Attachment d:            NFPO Policy Assessment   


Item No. 6.3

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ATTACHMENT a

 

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ATTACHMENT b

 

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ATTACHMENT c

 

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ATTACHMENT d

 

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Item No. 6.4

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15/9/2020

 

 

6.4    Lease of Part of Level 4, Council Centre

          File Ref: F20/99110

Memorandum of the Manager Legal and Governance of 10 September 2020 and attachments.

Delegation:     Committee


Item No. 6.4

Agenda (Open Portion)

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Page 71

 

15/9/2020

 

 

 

 

Memorandum: Finance and Governance Committee

 

Lease of Part of Level 4, Council Centre

 

The Council has received a request for a new twelve (12) month lease of Part of Level 4 of the Council Centre from one of its existing tenants, TasWriters Inc (formerly known as “Tasmanian Writers Centre Incorporated”), at a nominal rent (Attachment A). 

TasWriters Inc have occupied the area enclosed in red on the plan marked as Attachment B, which is the subject of this request, for over two years since the Council approved the original request in May 2018.

TasWriters Inc has reportedly had some success obtaining small grants. However, they have not been successful in obtaining long-term funding and have been required to reduce staffing levels to reduce costs.

A recent valuation of an adjacent office space indicates the value of this area in the Council Centre is approximately $200.00 per m2 per annum (excluding GST) based on the same notional lease terms and access to the shared facilities (Attachment C). The value of the proposed lease space at 47 m2 would be $9,400.00 per annum (excluding GST).

The request has been assessed against the Council’s Policy for Leases to Non-profit Organisations and has been determined to meet the criteria contained in the policy (Attachment D).

 

 

REcommendation

That:

1.      TasWriters Inc be granted a twelve (12) month lease at the nominal rent of fifty dollars ($50.00) per annum for that part of the fourth floor of the Council Centre enclosed in red on the plan (Attachment A);

2.      The General Manager be authorised to finalise the terms of the lease; and

 

3.      The reduction in rent be recorded in the Council’s Annual Report in accordance with the Council’s Policy for Leases to Non-Profit Organisations.

 

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:                            10 September 2020

File Reference:          F20/99110

 

 

Attachment a:             Request

Attachment b:             Plan of Lease Area

Attachment c:            Valuation Report

Attachment d:            NFPO Policy Assessment   


Item No. 6.4

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ATTACHMENT a

 

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ATTACHMENT c

 

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ATTACHMENT d

 

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Item No. 7.1

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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:             Finance and Governance Committee Action Status Report - Open    


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ATTACHMENT a

 

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Finance and Governance Committee Meeting

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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    Grant Funding for Infrastructure Projects

          File Ref: F20/92758; 13-1-10

Memorandum of the (Acting) Director City Amenity and the Deputy General Manager of 10 September 2020 and attachment.

 

Delegation:      Committee

 

That the information be received and noted.

 

 

 


Item No. 8.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

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15/9/2020

 

 

Memorandum:          Lord Mayor

Deputy Lord Mayor

Elected Members

 

Response to Question Without Notice

 

Grant Funding for Infrastructure Projects

 

Meeting: Finance and Governance Committee

 

Meeting date: 18 August 2020

 

Raised by: Alderman Briscoe

 

Question:

Due to some feedback (and some confusion that may have the potential to derail funding projects) in the community and from some politicians to me who are unsure what the priorities of the city in seeking major grant funds for infrastructure projects particularly in the COVID era where the State and Federal Government are providing funds for stimulation of the economy;

1.    (a)     What are the current Hobart City Council projects seeking grant funds and their order of priority?

       (b)     If there is, who decided the priorities?

2.    Is there a coordinated effort by the elected leadership and the executive team to push the same projects (for example, the aquatic centre upgrade)?

Response:

Requests for assistance and formal applications have been lodged with a number of potential funding sources in attempts to secure external funding for the City to help progress the numerous projects originally planned for implementation in the 2020/21 financial year, but deferred due to the financial impacts of COVID-19.

A list of the projects identified as requiring external funding was tabled at the Council meeting held 25 May 2020. The schedule (refer to copy marked as Attachment A to this response) listed the numerous projects, along with the potential funding sources.  Some projects have been the subject of multiple applications and some may receive a mix of funding from various sources.

Care has been taken to try and avoid prioritisation of the numerous projects. There has been a focus on aligning projects with relevant funding sources. That said, a key long standing corporate priority is the refurbishment of the Doone Kennedy Hobart Aquatic Centre. 

Planning associated with the refurbishment of the Doone Kennedy Hobart Aquatic Centre has been underway for many years and external funding assistance is required given the expected costs of the project. The estimated cost for the full redevelopment sits at $26M.

To date, the Council has spent $4.1M and has allocated a further $2.5M this financial year and next, principally for the leisure pool, the 25 metre pool and minor works for the change rooms.

The State Government previously offered a $3M grant plus a $3.5M interest free loan to assist in the warm water pool component of the redevelopment. The State Government has recently reconfirmed its commitment to the grant of $3M. It is unlikely that the offer of the loan will be taken up due to the Council’s ability to service it.

A planning permit has been secured for the substantive redevelopment that is programmed to be staged given the funding demands of the entire project and the City continues to seek opportunities for state and federal funding through economic stimulus for the remaining $16M required to complete the full refurbishment.

The Doone Kennedy Hobart Aquatic Centre Project is ideally placed as many of the potential funding sources require projects to be 'shovel ready' in order that they help provide stimulus to the economy following the impacts of the pandemic.

As indicated at the 25 May Council meeting, there are numerous other projects identified as suitable for the allocation of stimulus funding and every effort is being made to secure grants accordingly.

Discussion with the Australian Government by the Council of Capital City Lord Mayors (CCCLM) has been ongoing for a number of months. The City is hopeful that assistance to undertake works on a number of road related projects might be announced soon, whilst consideration for the provision of funding for other projects (the DKHAC upgrade chief amongst them) is underway.

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.

 

Geoff Lang

(Acting) Director City Amenity

Tim Short

Deputy General Manager

 

Date:                            10 September 2020

File Reference:          F20/92758; 13-1-10

 

 

Attachment a:             Council Meeting - 25 May 2020 - Capital Works Program Grant Requests   


Item No. 8.1

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ATTACHMENT a

 

 


 

Agenda (Open Portion)

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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.

 


 

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:  

 

·         Financial Hardship;

·         Lease Agreement; and

·         Contract Extension.

 

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       Financial Hardship - Rates Remission Request

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

Item No. 4.2       20 Creek Road, Lenah Valley - Lease Agreement

LG(MP)R 15(2)(c)(i) and  (g)

Item No. 4.3       Write-Off of Debts

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

Item No. 4.4       Contract Extension - Provision of Website Publishing and Hosting Services

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       Granted Rates Remissions

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

Item No. 7          Questions Without Notice