Agenda of Parks and Recreation Committee Meeting

Agenda (Open Portion)

Parks and Recreation Committee Meeting

Page 5

13/4/2022

Parks and Recreation Committee Meeting (Open Portion) held Wednesday, 13 April 2022 at 5:15 pm in the Council Chamber, Town Hall.

This meeting of the Parks and Recreation 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.

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

COMMITTEE MEMBERS

Alderman J R Briscoe (Chairman)

Deputy Lord Mayor Councillor H Burnet

Alderman D C Thomas

Councillor J Fox

Councillor Dr Z E Sherlock

NON-MEMBERS

Lord Mayor Councillor A M Reynolds

Alderman M Zucco

Alderman Dr P T Sexton

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor W N S 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 Parks and Recreation Committee meeting held on Thursday, 17 March 2022, 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 Chief Executive Officer.

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)

Parks and Recreation Committee Meeting

Page 11

13/4/2022

REPORT TITLE: Tasmanian Bridge Association - 10 Selfs Point Road, New Town - New Lease Request

REPORT PROVIDED BY: Program Leader Sport and Recreation

Director City Life

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to seek in-principle Council endorsement for a new ten (10) year lease over a portion of the property known as 10 Selfs Point Road, New Town to the Tasmanian Bridge Association (TBA).

1.2. Bridge is a popular card game played by people of any age, and it is also recognised as a sport by the International Olympic Committee.

1.3. The Tasmanian Bridge Association currently has over 400 members and provides a diverse recreational offering to the community.

2. Report Summary

2.1. The Tasmanian Bridge Association lease a section of 10 Selfs Point Road, New Town adjacent to the New Town Bay Rowing Centre and Rugby Park.

2.2. The initial ten (10) year lease term has recently concluded and the TBA has requested a further ten (10) year lease term.

2.3. The TBA has met all of the obligations of their previous lease and officer inspections have determined the premises and surrounds to be in excellent condition and all maintenance requirements have been fulfilled.

2.4. The report is recommending in-principle approval of the lease be provided, subject to the statutory consultation required under the Local Government Act 1993.

2.5. Should any objection to the lease be received during the consultation period, the further report will be provided to Council to consider the objections raised.

3. Recommendation

That:

1. A new lease to the Tasmanian Bridge Association for the Tasmanian Bridge Club located at 10 Selfs Point Road, New Town be approved for a period of ten (10) years, subject to no objections being received during the statutory community engagement process required under Sections 178 and 179 of the Local Government Act 1993.

2. Should any objections be received during the community engagement period, a further report will be provided to the Council.

3. The Chief Executive Officer be authorised to finalise the terms and conditions of the lease.

4. In accordance with the Council Policy ‘Grants and Benefits Disclosure’ the benefit recognised to the Tasmanian Bridge Association by way of reduced rental as part of the amended lease be disclosed in the City’s Annual Report.

4. Background

4.1. The Tasmanian Bridge Association (TBA) approached the City in 2010 seeking opportunities for a new premises. Due to increased membership their previous premises in North Hobart was no longer large enough to accommodate their members.

4.2. A number of sites were explored, however the preferred location for the new clubrooms was on the property at 10 Selfs Point Road, New Town, adjacent to the New Town Bay Rowing Centre and Rugby Park (see lease footprint below).

4.3. The initial ten (10) year lease term has recently expired and the TBA has requested a further ten (10) year lease agreement over the site.

4.4. The TBA have complied with all terms and conditions of their current lease and have invested heavily in the site. Following the sale of the former premises in North Hobart, the Club fully funded the construction of the new clubrooms.

4.5. Inspections of the premises have demonstrated that the cyclic maintenance required on the building has been undertaken as well as the external areas within the lease footprint.

4.6. Due to the increasing popularity of Bridge the TBA have developed plans to extend their premises within the current footprint with plans likely to be lodged for a development application within the next lease term.

4.7. The extension will provide a teaching area as well as kitchen and dining areas for club member's use.

4.8. A nominal rental of $50 per annum is proposed to reflect the significant investment in the site by the TBA. A valuer has been engaged to undertake a commercial valuation of the leased area, and the benefit will be recorded in the City’s Annual Report.

4.9. A proposal for a lease exceeding five (5) years will be required to be publically advertised as required under section 178 and 179 of the Local Government Act 1993, upon which the public will have a minimum of 21 days to provide an objection.

4.10. As a minimum, the intention to lease is required to be advertised in The Mercury as well as public notices where the property adjoins public highways.

4.11. Should an objection be received, there is an obligation to report back to Council to determine if the lease should be provided taking into consideration the nature of any objection.

5. Proposal and Implementation

5.1. It is proposed that the requested lease over the Tasmanian Bridge Club by the TBA be given in-principle approval.

5.2. Pursuant to Section 179 of the Local Government Act 1993, as the requested lease term exceeds five years, the City undertake community consultation, as required under Section 179 of the Act ‘Sale, exchange and disposal of public land’.

5.3. It is proposed that subject to no receipt of public objections to the proposed lease, following the community consultation prescribed under Section 179 of the Local Government Act 1993, the Chief Executive Officer negotiate the terms of the lease, at nominal rental, with the value of the benefit to be recorded in the City’s annual Report, in accordance with Council Policy Grant and Benefits Disclosure.

5.3.1. In accordance with the Local Government Act 1993, should any objections be received from the public, a further report will be presented back to the Council.

6. Strategic Planning and Policy Considerations

6.1. The Capital City Strategic Plan 2019-29 supports the proposal with Strategic outcome 2.3:

Hobart communities are active, healthy and engaged in lifelong learning.

6.2. Assessment of the request was undertaken in accordance with Council Policy Leases to Non Profit Organisations.

6.3. The proposed benefit of the lease, on nominal terms, is to be recorded in the City’s Annual Report, in accordance with Council Policy Grant and Benefits Disclosure.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. The current lease provides the City with $50 in income, however the TBA is responsible for all maintenance and outgoings for the premises.

7.2. Impact on Future Years’ Financial Result

7.2.1. It is proposed the new lease be offered at the same rate of $50 per annum, so income of $500 would be expected across the lease period, subject to approval.

7.3. Asset Related Implications

7.3.1. The City technically owns the building and associated improvements notwithstanding the TBA funded the construction. The Council therefore has these assets listed in its asset database. However, the assets are reflected as ‘non-valuation’ assets, as such there is no provision for asset replacement funding for any asset within the leased area.

8. Legal, Risk and Legislative Considerations

8.1. Any new lease documentation will be prepared by the City’s Legal Officer.

9. Social and Customer Considerations

9.1. As noted earlier in the report the TBA currently has over 400 active members, with club membership increasing.

9.2. Bridge is a unique recreational offering as it can be played by all, no matter what age.

10. Community and Stakeholder Engagement

10.1. Pursuant to Sections 179 and Sections 178 of the Local Government Act 1993, community consultation be undertaken in accordance with the Act, as listed below:

10.1.1. Notification in the Mercury on at least two separate occasions;

10.1.2. Display of the notification where the property meets public highways;

10.1.3. Display of the notification on the premises.

10.2. The notifications to advise the public that any objections to the proposed lease may be made to the City within 21 days of the date of the first publication.

11. Delegation

11.1. 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.

Shannon avery

Shannon Avery

Program Leader Sport and Recreation

Neil Noye Signature

Neil Noye

Director City Life

Date: 8 April 2022

File Reference: F22/30573

Agenda (Open Portion)

Parks and Recreation Committee Meeting

Page 19

13/4/2022

8. 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 Chief Executive Officer or the Chief Executive Officer’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, Chief Executive Officer or Chief Executive Officer’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.

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.