AGENDA
OPEN PORTION OF THE Council Meeting
Tuesday, 25 October 2022
AT 5:00 pm
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Agenda (Open Portion) Council Meeting |
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APOLOGIES AND LEAVE OF ABSENCE
3. Communication from the Chairman
4. Notification of Council WorKshops
7. Consideration of Supplementary Items
8. Indications of Pecuniary and Conflicts Of Interest
9. Council Acting as Planning Authority
9.3 1 Knopwood Street, Battery Point - Revised Plans - PLN-21-719
9.5 1 Tew Terrace and 5 Tew Terrace, Sandy Bay - Partial Demolition, Alterations and Extension
9.7 27 Lefroy Street, North Hobart - Partial Change of Use to Food Services (Mobile Food Vendor)
Special Reports – Chief Executive Officer
10. 2021-22 Financial Statements
11. Council Meeting Arrangements - Immediately Post Election
12. Code of Conduct Determination Report Louise Elliot v Lord Mayor Councillor Anna Reynolds
13. Closed Portion Of The Meeting
Item No. 5.1 |
Agenda (Open Portion) Council Meeting |
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A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Tuesday, 25 October 2022 at 5:00 pm.
Kelly Grigsby
Chief Executive Officer
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).
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 Fox Councillor Dr Z E Sherlock Councillor W N S Coats |
APOLOGIES:
LEAVE OF ABSENCE: Nil.
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The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 10 October 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
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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?
Regulation 31 Local Government (Meeting Procedures)
Regulations 2015.
File Ref: 16/119-001
5.1 Public Questions
5.2 Responses to Public Questions Taken On Notice
“In accordance with the procedures approved in respect to Public Questions Time, the following responses to questions taken on notice are provided to the Council for information.
The Council is reminded that in accordance with Regulation 31(4) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.”
RECOMMENDATION
That the following responses to public questions taken on notice, be received and noted.
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5.2.1 Kelly's Steps
Item No. 5.1 |
Agenda (Open Portion) Council Meeting |
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Meeting date: 26 September 2022 |
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Raised by: Mr Edwin Johnstone |
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Response Author: Ms Kelly Grigsby (CEO) |
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Topic: Kelly's Steps |
Question:
Is the Council going to do any general maintenance to the steps including cleaning, is there any long term plans to the maintenance, wear and tear on the steps which are starting to become dangerous?
Response:
As I indicated at the Council meeting, a cleaning crew was deployed to do an immediate cleanse of the area.
The Council does perform daily checks and cleaning of Kelly’s Steps and when necessary, a blower and sweeper are used for leaves and general cleaning and if required, a high pressure cleaner for excess dirt and grime.
Kelly’s Steps are of sandstone construction so some wearing is to be expected. An inspection has been undertaken with the report indicating that some stairs are showing signs of stress fracturing in the stone indicating the minor chipping on some stair nosing is from fair wear and tear rather than damage and miss use. The inspection reported these are not yet at intervention levels with only one new chip since the previous inspection and it is not considered necessary to undertake any remedial works at this time. It was further reported the stairs are not considered dangerous in their current state.
Regular inspections will continue to monitor the condition of the stair however, there are no plans for any asset replacement works to occur for some time.
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Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.
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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.
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Reports of Committee
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 Chief Executive Officer 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 50 Macquarie Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations and Signage
PLN-22-596 - File Ref: F22/103146
Ref: Open CPC 7.1.1, 24/10/2022
Application Expiry Date: 30 November 2022
9.2 1 Queens Walk and Adjacent Road Reserve - Partial Demolition, 150 Multiple Dwellings (85 Existing, 65 New), Carparking, Landscaping including Tree Removal, and Associated Works
PLN-22-146 - File Ref: F22/105890
Ref: Open CPC 7.2.1, 24/10/2022
Application Expiry Date: 26 October 2022
9.3 1 Knopwood Street, Battery Point - Revised Plans - PLN-21-719
File Ref: F22/105426
Ref: Open CPC 7.2.2, 24/10/2022
9.4 31 Swanston Street, New Town - Partial Demolition, Alterations, Extension, and Seven Multiple Dwellings (One Existing, Six New)
PLN-22-571 - File Ref: F22/104911
Ref: Open CPC 7.2.3, 24/10/2022
Application Expiry Date: 31 October 2022
9.5 1 Tew Terrace and 5 Tew Terrace, Sandy Bay - Partial Demolition, Alterations and Extension
PLN-22-402 - File Ref: F22/101522
Ref: Open CPC 7.2.4, 24/10/2022
Application Expiry Date: 28 November 2022
9.6 90 Melville Street, Hobart - Demolition and New Building for 55 Multiple Dwellings, Food Services, Business and Professional Services, General Retail and Hire And Associated Works Within The Adjacent Road Reserve - ETA-22-170
File Ref: F22/104873
Ref: Open CPC 7.2.5, 24/10/2022
9.7 27 Lefroy Street, North Hobart - Partial Change of Use to Food Services (Mobile Food Vendor)
PLN-22-477 - File Ref: F22/105708
Ref: Open CPC 7.2.6, 24/10/2022
Application Expiry Date: 29 November 2022
Agenda (Open Portion) Council Meeting |
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10. 2021-22 Financial Statements
File Ref: F22/105236; 16/119
Report of the Financial Operations Manager and the Director City Enablers of 18 October 2022 and attachments.
Delegation: Council
Item No. 10 |
Agenda (Open Portion) Council Meeting |
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REPORT TITLE: 2021-22 Financial Statements
REPORT PROVIDED BY: Financial Operations Manager
Director City Enablers
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to present the financial statements for the year ended 30 June 2022 for adoption by Council.
2. Report Summary
2.1. The Council’s financial statements for the year ended 30 June 2022 have been prepared and independently audited.
2.2. The Auditor-General has completed his audit and issued an unqualified audit opinion (see Attachments A and B).
2.3. Council’s 2021-22 underlying surplus of $5.636 million is $4.143 million favourable compared to the original 2021-22 budget position ($1.493 million surplus), and $3.534 million favourable against the most recent 2021-22 forecast ($2.102 million surplus).
That the Council note that in accordance with section 84(4) of the Local Government Act 1993 that the Chief Executive Officer, being the General Manager as appointed by Council pursuant to section 61 of the Local Government Act 1993, tables the certified financial statements for the year ended 30 June 2022 marked as Attachment C to this report. |
4. Background
4.1. The financial statements for the year ended 30 June 2022 have been prepared on a consistent basis with prior years.
4.2. The financial statements were presented to the Risk and Audit Panel on 11 August 2022 and delivered to the Auditor-General on that same day.
4.3. The financial statements were re-presented to the Risk and Audit Panel at its meeting on 18 October 2022 following some minor amendments requested by the Auditor-General. The Risk and Audit Panel endorsed the financial statements for tabling at the next available meeting of the Council.
4.4. The financial statements are attached to this report (see Attachment C). Highlights of the financial statements are detailed in Section 7 below.
5. Proposal and Implementation
5.1. It is proposed that Council formally adopt the financial statements.
6. Strategic Planning and Policy Considerations
6.1. There are no direct strategic planning implications.
7. Financial Implications
7.1. Financial Sustainability Outcomes
7.1.1. As outlined in Council’s Long-term Financial Management Plan (LTFMP), eight financial sustainability measures have been adopted for the purpose of measuring Council’s financial sustainability.
7.1.2. Indicators 1-2 are measures of profit and performance and the extent to which expenses are covered by revenues.
7.1.3. Indicators 3-4 are measures of indebtedness and the amount Council owes others (loans, employee provisions, creditors) net of financial assets (cash, investments and amounts owed to Council).
7.1.4. Indicator 5 measures the proportion of income required to meet net interest costs.
7.1.5. Indicators 6-8 are measures of asset management.
7.1.6. Council’s performance against the eight financial sustainability indicators is shown in Table 1 below: -
Table 1: Performance against Financial Sustainability Indicators
*Note - Net Financial Liabilities includes all liabilities, and therefore differs from the value shown in note 18 of the financial statements (which only includes financial liabilities).
7.1.7. Financial sustainability indicators 1 to 4 (which focus on profitability and indebtedness) have all achieved budget and benchmark targets.
7.1.8. Indicators 5 to 8 focus on loan servicing and asset management. Indicators 5, 7 and 8 have met both budget and benchmark. Indicator 6 (Asset Sustainability Ratio) has not met budget or benchmark, mainly due to lower asset renewal expenditure.
7.2. Underlying Result
7.2.1. The underlying result for 2021-22 is a surplus of $5.636 million (2020-21 $0.025 million deficit). The underlying result excludes continued costs associated with the May 2018 flood event, COVID-19 additional net costs and profits on sale of property. This result is $4.143 million favourable compared to the original budget position ($1.493 million surplus) and $3.534 million favourable against the most recent forecast ($2.102 million surplus).
7.2.2. The $4.143 million favourable variance against the original budget position is mainly due to lower labour and asset write-off costs, and higher rates and fines revenue. These are partly offset by higher materials and services costs and depreciation.
7.2.3. The Auditor-General guidelines for calculating the underlying result have been followed in calculating the above numbers.
7.3. Cash Position
7.3.1. Cash balances have reduced by $1.522 million from $38.555 million to $37.033 million.
7.3.2. Investments have increased by $22 million from $6.3 million to $28.3 million.
7.3.3. Term deposits with a maturity greater than 3 months are classified as investments on the balance sheet.
7.3.4. Council’s year end cash position remains positive and includes the drawing down of a $5 million loan in August 2021. The cash balance is committed to a number of items that have internal and external restrictions, and the remaining funds can be used for other purposes such as capital works and payment of liabilities.
7.4. Rate revenue
7.4.1. Rate revenue totalled $96.867 million (2020-21 $90.978 million) and represents approximately 65% of underlying revenue.
7.4.2. The increase of $5.889 million is the result of:
· A 2.73% increase to fund the increased cost of providing existing services,
· A 10.23% increase to fund the increase in the State Government fire levy, and
· A 1.29% increase in Council’s rate base (total AAV) due to development activity.
7.5. Asset Revaluations
7.5.1. In accordance with the requirement to ensure that reported asset values do not differ materially from their fair value, some asset classes were revalued during 2021-22 and indexation was applied to others.
7.5.2. The results of the revaluation exercise were:
Land |
$57.636M |
Increment |
Land Improvements |
$1.489M |
Increment |
Pathways & Cycleways |
$16.568M |
Increment |
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$75.693M |
Increment |
7.5.3. The results of the indexation exercise were:
Buildings |
$11.824M |
Increment |
Stormwater |
$14.572M |
Increment |
Roads and Bridges |
$18.451M |
Increment |
Other Property |
$0.005M |
Increment |
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$44.852M |
Increment |
7.5.4. A fresh valuation of land in the Hobart municipality was completed by the Valuer-General in 2021-22, with an effective date of 1 July 2021. Consequently land has been revalued using this data derived from the Valuer-General.
7.5.5. The Land Improvements and Pathways & Cycleways asset class revaluations were undertaken using the current replacement cost methodology, based on a considered average of internal estimates, external estimates and project actual rates.
7.5.6. Land Improvements was last revalued in 2018-19 following which indexation has been applied each year. Pathways & Cycleways was previously valued in 2016-17 as part of the Roads and Bridges asset class.
7.5.7. The above revaluation increments have been recognised in “other comprehensive income”.
7.6. Contributed Property, Plant and Equipment
7.6.1. Contributed property, plant and equipment essentially comprises assets required to be constructed for Council by developers.
7.6.2. During 2021-22, these amounted to $8.744 million (2020-21 $2.081 million) and were mainly derived from the takeover of subdivisions at McDevitt Avenue, Dynnyrne, Athleen Avenue, Lenah Valley and Bluestone Rise, Lenah Valley.
7.7. Asset Write-offs
7.7.1. Asset write-offs mainly comprise infrastructure assets replaced as part of Council’s on-going asset renewal program.
7.7.2. Asset write-offs totalled $1.342 million (2020-21 $3.782 million) and were in respect of the following asset classes:
Roads and Bridges |
$0.638M |
Land Improvements |
$0.435M |
Pathways & Cycleways |
$0.240M |
Other |
$0.029M |
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$1.342M |
7.8. Investment in TasWater
7.8.1. Council has an ownership interest in TasWater, which is accounted for as an equity investment at fair value through other comprehensive income.
7.8.2. Distributions received from TasWater are recognised as revenue and included in Council’s surplus.
7.8.3. The value of Council’s ownership interest at any point in time is calculated by applying Council’s ownership interest percentage (9.84%) to TasWater’s net asset value. Council’s equity interest has reduced from 10.05% last year due to the effect of the State Government’s equity injection of two million shares in TasWater during the year. Applying this methodology at 30 June 2022 produces a value for Council’s ownership interest of $162.866 million (30 June 2021 $158.401 million). The $4.465 million increase from the previous year has been recognised in “other comprehensive income” rather than in the surplus.
7.9. Defined-Benefit Superannuation Plan
7.9.1. Council’s defined-benefit superannuation plan position has increased by $1.873 million to a net asset of $5.541 million at 30 June 2022. This movement is mainly due to: -
7.9.1.1. An increase in the discount rate (from 1.36% to 3.60%) which increases the defined-benefit asset, partly offset by,
7.9.1.2. The advised salary increase rate as at 1 July 2022 (5.82%) exceeding the 2021 assumption (2.50%), and
7.9.1.3. The actual return on the assets for 2021-22 (negative 1.41%) was lower than the rate used to calculate the interest income on plan assets for the year (1.36%).
7.10. Changes in Accounting Standards
7.10.1. There were no new Standards issued by the Australian Accounting Standards Board that were relevant to Council’s operations during 2021-22.
8. Legal, Risk and Legislative Considerations
8.1. The Chief Executive Officer, being the General Manager as appointed by Council pursuant to section 61 of the Local Government Act 1993.
8.2. Section 84(1) of the Local Government Act 1993 requires the Chief Executive Officer to prepare and forward to the Auditor-General a copy of Council’s financial statements in accordance with the Audit Act 2008.
8.3. Section 17(1) of the Audit Act 2008 requires the Chief Executive Officer to prepare and forward a copy of Council’s financial statements to the Auditor-General within 45 days after the end of each financial year.
8.4. Section 17(4) of the Audit Act 2008 requires Council’s financial statements to be prepared in accordance with the accounting standards and other requirements issued by the Australian Accounting Standards Board.
8.5. Section 84(3) of the Local Government Act 1993 requires the Chief Executive Officer certify that the financial statements fairly represent Council’s financial position, the results of Council’s operations, and the cash flow of Council. This certification is attached (refer Attachment D).
8.6. Section 84(4) of the Local Government Act 1993 requires the Chief Executive Officer to table the certified financial statements at a meeting of the Council as soon as practicable.
8.7. All of the above legal requirements have been complied with.
9. Delegation
9.1. 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.
Michael Greatbatch Financial Operations Manager |
Michael Reynolds Director City Enablers |
Date: 18 October 2022
File Reference: F22/105236; 16/119
Attachment a: Audit Opinion Cover Letter for Year Ended 30 June 2022 ⇩
Attachment b: Independent Auditors Report for Year Ended 30 June 2022 ⇩
Attachment c: Financial Statements for Year Ended 30 June 2022 ⇩
Attachment d: Certification by Chief Executive Officer for Year Ended 30 June 2022 ⇩
Item No. 11 |
Agenda (Open Portion) Council Meeting |
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11. Council Meeting Arrangements - Immediately Post Election
File Ref: F22/104799
Memorandum of the Chief Executive Officer of 19 October 2022.
Delegation: Council
Item No. 11 |
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Memorandum: Council
Council Meeting Arrangements - Immediately Post Election
The purpose of this report is to address some changes required to the 2022 Council and Committee Meeting Schedule dates resulting from the Local Government Elections and the elected member induction program and to provide an update on the City’s Annual General Meeting.
New Council Induction Program
The City’s Executive Leadership Team is committed to supporting the new Council to deliver the best outcomes for the community and as a Capital City Council and Tasmania more broadly. In keeping with local government sector best practice, in order to assist successfully elected councillors transition into office, a comprehensive induction program is being planned to ensure the new Council is fully informed of the City’s roles and responsibilities.
As advised in a recent letter to all candidates, a five day program will occur from Wednesday 9 November through to Tuesday 15 November 2022.
This means the Council meeting currently scheduled for Monday 14 November 2022 will be cancelled with the first meeting of the new Council, following the ceremonial swearing-in, proposed for Monday 21 November 2022.
As elected members would be aware, membership of all Council Committees will cease at the end of the current term of Council. For this reason, and to facilitate the continued processing of planning permit applications until such time that Council resolves otherwise, an extension to the Director City Life’s delegation is recommended:
The Director City Life be provided with the following delegation in order to facilitate the processing of planning permit applications during the period 26 October 2022 until such time as the Council resolves otherwise:
(i) To determine all planning permit applications which would otherwise be determined by Committee or Council in circumstances where it would not otherwise be possible to determine the application within the statutory time period required under Sections 57(6), 57(6A), 58(2) or 58(2A) of the Land Use Planning and Approvals Act 1993, and an extension of time cannot be obtained, unless an Elected Member has requested the convening of a special meeting or meetings of the Planning Authority to determine an application and there is sufficient time to arrange a special meeting prior to the expiry of the statutory time period required under those sections.
Annual General Meeting (AGM)
The Local Government Act 1993 requires Councils to hold an AGM no later than 15 December each year. The AGM to consider the City’s 2021-2022 Annual Report is currently being planned for Monday 28 November 2022.
Unlike previous years, it is proposed that the 2022 AGM be a stand-alone meeting commencing at 5.30pm on 28 November with the Council meeting previously scheduled for this date being cancelled. The reason for cancelling the Council meeting is that any outstanding business requiring Council decision would have been addressed at the meeting of 21 November, the week prior.
The AGM will be held in a similar format to previous years in the Town Hall Ballroom with light refreshments to follow. It is anticipated invitations and placement of advertising will occur during the week of 7 – 11 November 2022.
That: 1. The Council approve the cancellation of Council meetings scheduled for 14 and 28 November 2022 and the convening of the first meeting of the new Council on Monday 21 November 2022. 2. The Council endorse the convening of the City’s Annual General Meeting on Monday 28 November 2022, commencing at 5.30pm. 2. The Director City Life be provided with the following delegation in order to facilitate the processing of planning permit applications during the period 26 October 2022 until such time as the Council resolves otherwise: (i) To determine all planning permit applications which would otherwise be determined by Committee or Council in circumstances where it would not otherwise be possible to determine the application within the statutory time period required under Sections 57(6), 57(6A), 58(2) or 58(2A) of the Land Use Planning and Approvals Act 1993, and an extension of time cannot be obtained, unless an Elected Member has requested the convening of a special meeting or meetings of the Planning Authority to determine an application and there is sufficient time to arrange a special meeting prior to the expiry of the statutory time period required under those sections.
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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.
Kelly Grigsby Chief Executive Officer |
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Date: 19 October 2022
File Reference: F22/104799
Item No. 12 |
Agenda (Open Portion) Council Meeting |
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12. Code of Conduct
Determination Report
Louise Elliot v Lord Mayor Councillor Anna Reynolds
File Ref: F22/105771
Memorandum of the Chief Executive Officer of 18 October 2022 and attachment.
Delegation: Council
Item No. 12 |
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Memorandum: Council
Code of Conduct Determination Report
Louise Elliot v Lord Mayor Councillor Anna 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 Elliot against Lord Mayor 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.
That the Council receive and note the Code of Conduct Determination Report in respect to a complaint lodged by Ms Louise Elliot against Lord Mayor Reynolds, shown as Attachment A to this report.
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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.
Kelly Grigsby Chief Executive Officer |
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Date: 18 October 2022
File Reference: F22/105771
Attachment a: Code of Conduct Determination_Elliot vs Reynolds ⇩
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Agenda (Open Portion) Council Meeting |
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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:
· Matter involving legal action in which Council is a party. · Matter relating to a commercial arrangement.
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 PLN-20-651
- 209-213 Harrington Street, Hobart & 215-217 Harrington Street -
Demolition, New Building for Food LG(MP)R 15(4)(a) Item No. 7 Extension of Lease for Temporary Social Housing LG(MP)R 15(2)(b)
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