
City
of hobart
AGENDA
Finance and Governance Committee Meeting
Open Portion
Tuesday, 17 July 2018
at 5.00 pm
Lady Osborne Room, Town Hall
THE MISSION
Our mission is to ensure good governance of our capital City.
THE VALUES
The Council is:
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about people |
We value people – our community, our customers and colleagues. |
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professional |
We take pride in our work. |
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enterprising |
We look for ways to create value. |
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responsive |
We’re accessible and focused on service. |
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inclusive |
We respect diversity in people and ideas. |
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making a difference |
We recognise that everything we do shapes Hobart’s future. |
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Agenda (Open Portion) Finance and Governance Committee Meeting |
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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
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6.1 Condell Place Car Park - Development Opportunities and EOI Request
6.2 Aldermanic Professional Development
6.3 Review of the Electoral Act
6.4 Local Government Association of Tasmania - General Meeting Motions
6.5 Public Spaces By-law, No. 4 of 2018 Parking By-law, No. 5 of 2018
6.6 Hobart: A community vision for our island capital - final document
6.7 Annual Aldermanic Representation on External Bodies & Membership of the Tasmanian Polar Network
6.9 Stakeholder Relations and Advocacy with Local, State and Federal Tiers of Government
7 Motions of which Notice has been Given
8 Committee Action Status Report
8.1 Committee Actions - Status Report
9. Responses to Questions Without Notice
9.1 Parking University Sandy Bay Campus
11. Closed Portion Of The Meeting
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Agenda (Open Portion) Finance and Governance Committee Meeting |
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Finance and Governance Committee Meeting (Open Portion) held Tuesday, 17 July 2018 at 5.00 pm in the Lady Osborne Room, Town Hall.
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COMMITTEE MEMBERS Ruzicka (Joint Chairman) Thomas (Joint Chairman) Lord Mayor Christie Deputy Lord Mayor Sexton Zucco Cocker Reynolds
ALDERMEN Briscoe Burnet Denison Harvey |
Apologies: Nil
Leave of Absence: Alderman D C Thomas Alderman A M Reynolds
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The minutes of the Open Portion of the Finance and Governance Committee meeting held on Wednesday, 13 June 2018, are submitted for confirming as an accurate record.
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Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
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That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Aldermen 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.
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?
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6.1 Condell Place Car Park - Development Opportunities and EOI Request
Report of the General Manager of 10 July 2018.
Delegation: Council
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Item No. 6.1 |
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REPORT TITLE: Condell Place Car Park - Development Opportunities and EOI Request
REPORT PROVIDED BY: General Manager
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to seek approval for the advertising of expressions of interest for the development of the Condell Place Car Park.
2. Report Summary
2.1. A North Hobart Parking Working Group comprising Aldermanic and staff representation was formed in July 2017 to investigate opportunities to improve the availability of parking for visitors and residents of North Hobart.
2.2. A parking occupation survey of the 715 parking spaces in and around the “Restaurant strip” was commissioned late in 2017 which provided compelling evidence that at peak dining periods the number of vehicles parking was close to capacity.
2.3. An executive summary of the survey results was released to the North Hobart Traders Association and to other interested parties for comment.
2.4. There have now been informal approaches from two separate developers seeking to submit proposals to Council for development of the Condell Place Car Park. Both proposals include a residential or commercial development and an increase in the car parking capacity.
2.5. Approval is therefore sought for the General Manager to undertake a formal expression of interest process for the development of the Condell Place Car Park site, with the provision that submissions must include expansion of the number of parking spaces in the car park.
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That: 1. The General Manager be authorised to undertake a formal expression of interest process for the development of the Condell Place Car Park site, with the provision that submissions must include a provision for expansion of the number of parking spaces in the car park. 2. That the draft Expression of Interest document be signed off by the Council before being released.
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4. Background
4.1. The North Hobart Parking Working Group comprising Aldermanic and staff representation was formed in July 2017 to investigate opportunities to improve the availability of parking for visitors and residents of North Hobart.
4.2. A parking occupation survey of the 715 parking spaces in and around the “Restaurant strip” was commissioned late in 2017 which provided compelling evidence that at peak dining periods the number of vehicles parking was close to capacity.
4.3. The survey results were released to the North Hobart Traders Association and to other interested parties for comment.
4.4. Results of the survey were also reported to Council on 19 February 2018, along with further recommendations made by the Working Group including an extension of operating hours of the Condell and Lefroy Place Car Parks, and evening parking patrols of the main restaurant strip and car parks.
4.5. The extension of operating hours and extension of patrol times until 7.00pm has been implemented. Whilst they are having an effect on driver compliance, there still is no reduction in the numbers of cars parking in North Hobart.
4.6. Opportunities to expand the car parking capacity in the immediate North Hobart restaurant strip area are limited due to the close proximity of the commercial property to residential property, and a lack of vacant space.
4.7. Whilst some small opportunities do exist, they are not significant in size to have any major impact on increasing parking capacity.
4.8. Condell Place is seen as the site with the most potential. It currently comprises 88 parking spaces and is in a convenient walking distance from the restaurant strip.
4.9. There have been two informal approaches to Council from separate developers seeking to submit proposals for development of the Condell Place Car Park. Both proposals involve a residential or business development and increasing the car parking capacity.
5. Proposal and Implementation
5.1. It is proposed that a formal expression of interest process be undertaken for the development of the Condell Place Car Park site, with the provision that submissions are to include expansion of the number of parking spaces available in the car park.
5.2. The process should also emphasize that developments that either contain housing, commercial or community based elements, along with an expansion in car parking, would be preferable.
5.3. The Condell Place Car Park site is zoned Inner Residential under the Hobart Interim Planning Scheme 2015, and therefore an amendment would be required for any future use that contained car parking. This requirement needs to be clearly articulated in the expression of interest document.
5.4. If approved the Group Manager Parking Operations will enlist the services of a commercial real estate specialist to prepare the expressions of interest document and oversee the submission process.
6. Financial Implications
6.1. Funding Source and Impact on Current Year Operating Result
6.1.1. The expected cost of an expression of interest process is around $30,000. Quotations will be sought for the appropriate provider from the Commercial Real Estate sector.
6.1.2. The process will be funded from the existing Parking Enforcement budget function.
6.2. Impact on Future Years’ Financial Result
6.2.1. This is unknown as it is dependent on the outcomes of the process, however an expansion in the number of parking spaces would result in additional income to Council, should the car park be Council operated upon completion.
6.3. Asset Related Implications
6.3.1. Parking income will be affected should the car park close for development, along with parking availability for the North Hobart area during a redevelopment period.
6.3.2. One option open to Council is to seek to negotiate the use of alternative private parking areas during redevelopment. The Working Group will take responsibility for this should development proceed.
7. Social and Customer Considerations
7.1. The provision of additional parking will be looked upon favourably by business owners and patrons of the North Hobart area. The Traders Association recently commented that they believe that the only way to provide an adequate parking supply is by developing existing land/property.
7.2. From a customer perspective it is clear that the current car parks (Lefroy and Condell) receive very good patronage all throughout the day and patrons have no issue paying for parking as long as it is available, and therefore an expansion of parking would be seen as a positive move.
8. Delegation
8.1. The matter of approval for and expression of interest process to be undertaken for the development of the Condell Place Car Park is delegated to 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.
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N.D Heath General Manager |
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Date: 10 July 2018
File Reference: F18/73709
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6.2 Aldermanic Professional Development
Report of the General Manager of 12 July 2018 and attachment.
Delegation: Council
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Item No. 6.2 |
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REPORT TITLE: Aldermanic Professional Development
REPORT PROVIDED BY: General Manager
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to present the opportunity for the Council to consider an appropriate policy framework around Aldermanic professional development activities.
1.2. A clear interpretation of professional development activities with a supporting policy around its delivery provides clarity for Aldermen and a tangible reference for members of the community.
2. Report Summary/Background
2.1. This report deals with the latest Council resolution, from its meeting held on 18 June 2018, ie: that a professional development policy be implemented prior to the 2018 local government elections.
2.2. This decision to have a policy in place prior to the forthcoming election accords with the Local Government (General) Amendment Regulations 2018 Statutory Rules 2018, No. 34, which contain a revised declaration of office, which all newly elected aldermen will be required to sign prior to commencing duties.
2.2.1. In accordance with this legislation, the requirements of individuals will be to declare their intention to:
(a) Faithfully carry out the functions and exercise the powers vested in me to virtue of that office to the best of my ability and in accordance with the law;
(b) Comply with the Council’s Code of Conduct;
(c) Engage in ongoing professional development; and
(d) Abide by the principles of good governance.
2.3. In order to assist with the consideration of this matter, a discussion paper titled Aldermanic Professional Development was provided to the Finance and Governance Committee meeting of 13 June 2018. That document appears as Attachment A to this report.
2.4. The paper highlights the major issues for consideration in relation to professional development, which would then form the basis of a policy document which would be prepared for endorsement by the Council.
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That in order to inform the preparation of a revised policy in respect to professional development for City of Hobart Aldermen, the Council determine its preferred position in relation to those matters addressed under Section 4 of this report, together with any other relevant matters as determined by the Council.
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4. Background
4.1. In response to concerns expressed about the implementation of Council’s policy on Aldermanic professional development, the Council suspended its operation at its meeting of 4 December 2017, pending a workshop to review the policy provisions.
4.2. Given other Council priorities, this workshop has not occurred to date.
4.3. In response to the State Government’s consultation process regarding the preparation of the Local Government (General) Amendment Regulations 2018, the Council, at its meeting held on 21 May 2018, supported the variation to the Declaration of Office for elected councillors, by the inclusion of the requirement to engage in ongoing professional development, on the proviso that a definition of the term was provided.
4.3.1. The Council further suggested that a model professional development policy be developed in consultation with local government and other relevant stakeholders, which would provide clear guidance on requirements.
4.3.2. Notwithstanding the Council’s resolution, the Director of Local Government, in providing advice to the Council around the lack of any definition of professional development within the new legislation noted that “…..it is intended that the ordinary meaning of the words and common sense be applied”.
4.3.3. The Director further referred the Council to the Ministerial Directions issued to Glenorchy City Council in January 2018, for guidance as to particular areas of relevance in relation to professional development activities.
4.3.4. The areas noted for development include training around ethical decision making, financial management, meeting procedures and the Council’s regulatory responsibilities under LUPA.
4.4. The issue of professional development was most recently considered by the Council at its meeting on 18 June 2018, when it resolved to implement an Aldermanic professional development policy prior to the forthcoming council elections.
4.5. This report has been prepared in response to that resolution.
5. Proposal and Implementation
5.1. It is proposed that the Committee consider the issues raised in the discussion paper on Aldermanic professional development which has been prepared to assist the consideration of matters relating to professional development for Aldermen.
5.2. The determination of a number of threshold criteria which are addressed within the paper, will assist with the formulation of a suitable policy for adoption and implementation going forward. These considerations include:
5.2.1. How is professional development defined? (Addressed in Sections 2, 4 and 5 of the discussion paper)
5.2.2. Should activities be limited to opportunities within Australia? (Addressed in Section 4 of the discussion paper)
5.2.3. Are there benefits in undertaking a self-assessment process to identify areas for knowledge and skill development? (Addressed in Section 5of the discussion paper)
5.2.4. Is the policy process for identifying professional development activities robust enough or should a yearly professional plan be pursued for individual Aldermen? (Addressed in Section 6 of the discussion paper)
5.2.5. What is considered to be an appropriate budget for professional development activities? (Addressed in Sections 7 and 8 of the discussion paper)
5.2.6. What is the view of Aldermen in relation to extending attendance at approved training on personal leave? (Addressed in Section 8 of the discussion paper)
5.2.7. What is the view of Aldermen regarding the declaration of training and development activities as gifts? Should this be reported within the Annual Report? (See Section 8 of the discussion paper)
5.2.8. What is the view of Aldermen in respect to conflict of interest when an application is under consideration? (Addressed in Section 8 of the discussion paper)
5.3. The provisions within the Council policy titled Aldermanic Development and Support, relating to professional development (which is currently suspended) are also contained in the discussion paper.
6. Strategic Planning and Policy Considerations
6.1. The identification of a framework around Aldermanic professional development will assist with the preparation of a suitable policy to underpin implementation and management.
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. No financial implication arises from this report.
8. Legal, Risk and Legislative Considerations
8.1. No implications arise from this report.
9. Delegation
9.1. Any variation to the council’s adopted policy will require approval by 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.
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N.D Heath General Manager |
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Date: 12 July 2018
File Reference: F18/78598
Attachment a: Aldermanic
Professional Development Discussion Paper ⇩
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Item No. 6.2 |
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6.3 Review of the Electoral Act
Memorandum of the General Manager of 12 July 2018 and attachments.
Delegation: Council
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Item No. 6.3 |
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Memorandum: Finance and Governance Committee
Review of the Electoral Act
Introduction
The purpose of this report is to determine whether the Council wishes to provide a submission as part of the review of the Electoral Act.
Background
On 3 May 2018, the State Government announced that it will conduct a review into Tasmania’s Electoral Act and associated election laws.
The Department of Justice together with the Department of Premier and Cabinet will conduct the review, with an interim report expected within six months of the review commencing and a final report in 12 months.
The Terms of Reference for the Review are:
· Modernising the current Tasmanian Electoral Act with specific examination of sections including 191(1)(b); 196(1) and 198(1)(b);
· Whether state-based disclosure rules should be introduced, and, if so, what they should include; and
· The level of regulation of third parties, including unions, during election campaigns.
The review will be guided by two governing principles; protecting freedom of speech, with note to Constitutional implications, and minimal cost to the taxpayer.
The recent State Election highlighted that some provisions in the Tasmanian Electoral Act 2004 and associated election laws have failed to keep pace with rapid changes in technology, social media and community expectations.
There has been some criticism that some sections may not apply effectively to online communications and may require review in a digital age, including:
Section 191
(1) Subject to sections 192, 193 and 194 a person must not, between the issue of the writ for an election and the close of poll at that election –
(a) print, publish, keep on display or distribute, or permit or authorise another person to print, publish, keep on display or distribute, any printed electoral matter without the name and address of the responsible person being printed, in legible characters, at the end of the electoral matter; or
(b) publish, or permit or authorise another person to publish, any electoral matter on the internet without the name and address of the responsible person appearing at the end of the electoral matter.
(2) Printed electoral matter is published or kept on display by a person if the publication or display is published or kept on display with that person's consent.
This provision ensures that all written material that deals with ‘electoral matters’ is appropriately authorised and that there is a nominated person who remains accountable for this material.
Section 196
(1) A person must not between the issue of the writ for an election and the close of poll at that election print, publish or distribute any advertisement, "how to vote" card, handbill, pamphlet, poster or notice which contains the name, photograph or a likeness of a candidate or intending candidate at that election without the written consent of the candidate.
This provision prevents written advertising material that shows a candidate without that person’s permission. This provision was aimed at preventing defamatory and prejudicial material regarding a candidate.
Section 198
(1) A person must not, on the polling day fixed for an election, or on a day to which the polling for an election has been adjourned –
(a) distribute any advertisement, "how to vote" card, handbill, pamphlet, poster or notice containing any electoral matter; or
(b) publish or cause to be published in a newspaper –
(i) an advertisement for or on behalf of, or relating in any way to, a candidate or party; or
(ii) a matter or comment relating to a candidate or a question arising from, or an issue of, the election campaign.
This provision prevents campaigning on Election Day. There is a blackout on all election advertisements in online and broadcast media through Schedule 2 of the Broadcasting Services Act 1992 (Cth). Section 198 of the Tasmanian Electoral Act 2004 has the additional effect of preventing commentary pieces in newspapers on Election Day.
In addition to these sections, there have been discussion as to whether state based disclosure rules should be introduced, and, if so, what they should include. Currently disclosure of donations and gifts is Tasmanian is governed by the Commonwealth Electoral Act 1918. Tasmania is the only Australian state that does not have state-based legislation regulating disclosure of gifts and donations to political parties.
In Tasmania, donations of $13,500 or more must be declared by the receiving party through an annual reporting process under the Commonwealth Act. However, this reporting may not be due for over a year and does not take into account multiple donations from one source.
There has been increasing discussion both in Tasmania and in other jurisdictions about the activity and regulation of third parties during election campaigns. There is no regulation of the activity or expenditure of third parties, such as unions, representative bodies, lobby groups and corporate bodies, during election campaigns under Tasmanian law. There are varying levels of regulation of third parties in other States and Territories including disclosure and reporting requirements.
The review will provide an opportunity to list to Tasmanians and ensure that there is a robust, democratic and fair electoral system in place that reflects the Tasmania of today.
Written submissions on the Terms of Reference for the Electoral Act review are to be received by 20 July 2018 and will inform preparation of the Interim Report which will be provided to the Government by the end of 2018.
Following further targeted and public consultation on the Interim Report, a Final Report is expected to be provided in mid-2019.
The Government will then consult further on any proposed legislative reforms to address the recommendations arising from the review.
Hobart City Council comment
The Council provided a submission to the inquiry into the operation of the Tasmanian Electoral Commission in 2015 is attached. A copy of the final inquiry report is also attached.
The Council raised the following points:
Candidates for Local Government elections should be required to disclose political donations
As documented above, Tasmanian is the only state in Australia that has no requirement of local government candidates to disclose who funded their campaign and is inconsistent with other Australian states.
The most appropriate way to deal with this issue is through State legislation. This would ensure that a consistent approach across all councils is adopted. It would also ensure that no candidate is prejudiced through any measures imposed, as they would apply equally across all candidates.
The Council resolved at its 21 May 2018 meeting to write to the Director of Local Government seeking clarity on the issue of the threshold limit of $50.00 for gifts and donations, as it relates to political donations. The Council is supportive of the minimum value of a gift to be declared to be set at $50.00, however, it is unsure of the definition applies to political donations, and more importantly, whether the Regulations apply to candidates who may not be councillors. A response has not yet been received from the Director.
General Manager’s Roll
The Council has previously raised this matter in relation to eligibility for inclusion on the General Manager’s Roll as well as requesting that the administration of the Roll be undertaken by the Tasmanian Electoral Commission. No action has been taken in relation to either of these matters with the Council requesting the Electoral Commission to provide further clarification and guidance to ensure adequate mechanisms and provision is made for ensuring eligibility for inclusion on the General Manager’s Roll in relation to ‘occupiers’. Clarification has also been sought from the Local Government Association of Tasmania.
Conclusion
The City of Hobart has raised concerns with the disclosure of political donations, eligibility for inclusion on the General Manager’s Roll and administration of the General Manager’s Roll and it is proposed that if the Council wishes to provide a submission to the review of the Electoral Act that these issues be raised again.
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That: 1. That the information be received and noted. 2. The Council determine whether it wishes to provide a submission as part of the review of the Electoral Act. 3. The Council’s submission be based on the information provided in 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.
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N.D Heath General Manager |
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Date: 12 July 2018
File Reference: F18/73036
Attachment a: Hobart
City Council submission to the inquiry into the operation of the Tasmanian
Electoral Commission ⇩ ![]()
Attachment
b: Legislative
Council Final Report ⇩
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6.4 Local Government Association of Tasmania - General Meeting Motions
Report of the General Manager of 10 July 2018 and attachments.
Delegation: Council
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REPORT TITLE: Local Government Association of Tasmania - General Meeting Motions
REPORT PROVIDED BY: General Manager
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to consider the Council’s position on a range of motions to be discussed at the Local Government Association of Tasmania’s (LGAT) General Meeting on 25 July 2018.
1.2. In considering the motions to the LGAT General Meeting, the Council has the opportunity to influence local government policy for the betterment of its community.
2. Report Summary
2.1. The July LGAT General Meeting will consider a number of motions put forward by member councils.
2.2. This report provides a recommended position for the Council to take on a majority of those motions.
2.3. The attention of Aldermen is drawn particularly to the following motions which Council officers have not provided a position but suggest that these motions be determined by the Council itself:
· Elected member titles
· Mayoral vacancies
· Qualified Advice for General Manager Contracts
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That: 1. That a position be adopted on motions listed for consideration at the Local Government Association of Tasmania General Meeting to be held on Wednesday 25 July 2018.
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4. Background
4.1. The LGATs General Meeting to be held on 25 July 2018 is set to consider a range of motions which have been raised by councils for consideration at the meeting.
4.2. The motions submitted this year fall under the following categories:
· Roads and Infrastructure
o Interpretive Tourist Signage
· Sector Profile and Reform
o Elected Members Election to the State Government
o Mayoral Vacancies
o Code of Conduct
o Qualified Advice for General Manager Contracts
o Elected Member Titles
· Sector Capacity
o Environmental Health Officer Training
o Statewide Training and Employment
· Financial Sustainability
o Accounting Standards
o Accounting Standard – Depreciation
o Accounting Methodologies
o Fire Service Levy
· Land Use Planning and Environment
o Stream Management
o Building Act 2016
o Single Use Packaging
o Recycling
o Sustainable Council Events
o Tourism Destination Action Plans
o Container Deposit Scheme
o Implementation of Statewide Planning Scheme
o Telecommunication Towers
o Fruit Tree Management
· Public Policy General
o Decentralised Action Plan
o Spirit of Tasmania
o Affordable Housing
4.3. A suggested position and supporting comments can be found at attachment A.
4.4. The attention of Aldermen is drawn particularly to the following motions which Council officers have not provided a position but suggest that these motions be determined by the Council itself:
· Elected member titles
· Mayoral Vacancies
· Qualified Advice for General Manager Contracts
4.5. Background information, including comment from the LGAT and Tasmanian Government Agencies can be found at attachment B.
5. Proposal and Implementation
5.1. It is proposed that the Council consider the motions listed at Attachment A which have been submitted to the LGATs July General Meeting.
6. Strategic Planning and Policy Considerations
6.1. Strategic objective 5.5 of the Council’s Capital City Strategic Plan 2015-2025 calls for the provision of capital city leadership. Consideration of the LGAT motions listed in this report is consistent with this objective.
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. None arise from the writing of this report.
8. Delegation
8.1. This matter is delegated to the Council.
As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.
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N.D Heath General Manager |
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Date: 10 July 2018
File Reference: F18/76540
Attachment a: LGAT
Motions - Suggested Position and Background Comments ⇩ ![]()
Attachment
b: LGAT
and State Government Position ⇩
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6.5 Public Spaces By-law, No. 4 of 2018
Parking By-law, No. 5 of 2018
Memorandum of the Manager Legal and Governance and the Deputy General Manager of 12 July 2018 and attachments.
Delegation: Council
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Memorandum: Finance and Governance Committee
Public Spaces By-law, No. 4 of 2018
Parking By-law, No. 5 of 2018
The purpose of this report is to facilitate the Council’s consideration of submissions made pursuant to section 159(1) of the Local Government Act 1993 (“the Act’), in respect of the Public Spaces By-law, No. 4 of 2018, and the Parking By-law, No. 5 of 2018.
At its meeting of 18 September 2017, the Council resolved its intention to make a number of by-laws, including the Public Spaces By-law and the Car Parking By-law, and delegated authority to the General Manager to prepare Regulatory Impact Statements (RIS) to submit to the Director of Local Government for certification to advertise the by-laws, and upon receipt of certification, to advertise the by-laws.
The by-laws and their respective RIS were submitted to the Director of Local Government on 6 October 2017. Certification was provided by the Director for the Infrastructure; Waste Management; and Environmental Health By-laws, pursuant to s156A(6) of the Act, on 10 May 2018.
After the required public consultation process, these by-laws were made under the common seal of the Council at its meeting of 9 July 2018.
The Public Spaces and Car Parking By-laws were not certified by the Director on 10 May, as he had some concerns with these by-laws.
The Car Parking By-law was amended and reconsidered by the Council on 21 May, when it resolved its intent make the by-law, retitled the Parking By-law.
Changes were recommended for the Public Spaces By-law, following concerns raised by the community sector with regard to the impact of an element of the by-law on people experiencing homelessness. However, the Council resolved to reconfirm its intent to make the by-law in accordance with its decision of 18 September 2017.
These by-laws were both certified by the Director of Local Government on 28 May 2018.
Both the Public Spaces By-law and the Parking By-law were advertised pursuant to s157 of the Act in The Mercury newspaper on 30 May and 2 June 2018. Submissions were received until Tuesday 22 June 2018.
Four submissions were received , one in respect of the Parking By-law and three in respect of the Public Spaces By-law. These submissions are the subject of this report, and require consideration by the Council.
· Attachment A to this report is a submission made by John Marrone dated 10 June 2018, in relation to the Parking By-law.
· Attachment B to this report is another submission made by John Marrone, dated 10 June 2018, in relation to the Public Spaces By-law.
· Attachment C to this report is a submission made by Kevin Wilson, dated 19 June 2018, in relation to the Public Spaces By-law.
· Attachment D to this report is a submission made by Shelter Tasmania, dated 21 June 2018, in relation to the Public Spaces By-law.
The submission made by Mr Marrone in relation to the Parking By-law does not require any amendment to the By-law. He questions the split of penalty units in 14 day and 28 payment periods relating to fines, and suggests that international standards provide for a 30 day period for right of reply. The fact that fines paid before the 14 day period provide a discount and incentivise payment is perhaps overlooked.
Mr Marrone’s submission in relation to the Public Spaces By-law does not require any amendment to the By-law. He suggests that the power to demand production of a permit should be extended to ‘any other State Government Employee’. This is not possible within the scope of the By-law due to section 152 of the Act which provides for the authorisation of Council employees and police officers for the purposes of enforcement, and in any case there would be other avenues for this power to be provided, should it ever be required.
The issues raised in Mr Wilson’s submission in relation to the Public Spaces By-law do not require any amendments to the By-law, as it relates to how public recreational pathways are used. It is largely an administrative matter and has been referred to the Parks and City Amenity Division for consideration. Mr Wilson has been advised.
The submission from Shelter Tasmania in relation to the Public Spaces By-law relates to the impact for people experiencing homelessness of the ‘camping’ component at Division 4 in the Public Spaces By-law.
In this submission, Shelter Tasmania proposes that any person experiencing homelessness be exempt from any penalties that may arise from a camping offence, as outlined in the By-law. They go on to propose the following amendment:
‘A person cannot be issued an infringement for an offence where that person is homeless, in need of secure accommodation, has complex needs or is in need of additional assistance because of a mental of physical disability or illness.’
A definition of homelessness is also proposed by Shelter Tasmania.
It is proposed that the By-law be amended to reflect Shelter Tasmania’s position. A revised marked-up version of the Public Spaces By-law is provided at Attachment E.
Should the Council so resolve, this approach would reflect responses from other jurisdictions, including the City of Port Philip, whose by-law has been referenced in drafting of the amendment related to this matter.
One further minor amendment is also proposed for this By-law. It is the addition of the word ‘remove’ in c23 – Protection of Vegetation. This proposed amendment was overlooked when the By-law was presented for Council consideration in September 2017.
The amendments made to the proposed By-law must be endorsed by an absolute majority of the Council, pursuant to s160(a) of the Act.
To be in accordance with the Act, the By-law must be made under the Council’s common seal. It must also be certified by a legal practitioner that its provisions are in accordance with the law, and by the General Manager that is made in accordance with the Act.
The By-law will commence when it is published in the Tasmanian Government Gazette. The Council must forward a sealed copy of the By-law and the above certification to the Director of Local Government, along with a statement explaining the purpose and effect of the By-law and the outcomes of public consultation in respect of the By-law.
It is not necessary for the Council to further consider the RIS, as this has now served its purpose because the time for submissions has expired.
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That: 1. The Council notes the submissions made to it in relation to the Parking By-law and the Public Spaces By-law, pursuant to s159 of the Local Government Act 1993. 2. The Council resolves by absolute majority to amend the Public Spaces By-law as shown at Attachment E to the report. 3. The General Manager be authorised to arrange the necessary actions to enact the By-law.
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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.
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Paul Jackson Manager Legal and Governance |
Heather Salisbury Deputy General Manager |
Date: 12 July 2018
File Reference: F18/76135
Attachment a: Submission
from John Marrone dated 10 June 2018 in relation to the Parking By-law ⇩ ![]()
Attachment
b: Submission
from John Marrone dated 10 June 2018 in relation to Public Spaces By-law ⇩ ![]()
Attachment
c: Submission
from Kevin Wilson dated 19 June 2018 in relation to Public Spaces By-law ⇩ ![]()
Attachment
d: Submission
from Shelter Tasmania dated 21 June 2018 in relation to Public Spaces By-law ⇩ ![]()
Attachment
e: Amended
Public Spaces By-law ⇩
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6.6 Hobart: A community vision for our island capital - final document
Report of the Project and Research Officer and the Acting Associate Director Community Development of 11 July 2018 and attachments.
Delegation: Council
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Item No. 6.6 |
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REPORT TITLE: Hobart: A community vision for our island capital - final document
REPORT PROVIDED BY: Project and Research Officer
Acting Associate Director Community Development
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to provide Aldermen with findings from the community engagement process for the draft vision document, Hobart: A community vision for our island capital.
1.1.1. The draft vision document has been updated to respond to engagement findings. The final vision document is provided in Attachment A.
1.1.2. A summary and discussion of engagement findings are provided in Attachment B.
1.1.3. The draft vision document which was circulated for wider engagement is provided in Attachment C.
2. Report Summary
2.1. The draft vision document was open for community engagement from 29 May to 25 June 2018.
2.1.1. The draft was provided on Your Say Hobart, and community members could comment as an individual and/or as a representative of an organisation. They could also comment via email or written submission (eg. in PDF format, or by mail).
2.1.2. The opportunity to comment was promoted in the June issue of the City News, on Facebook, and via email to Your Say subscribers and previous participants in the process.
2.1.3. 186 responses were received from individuals (including participants in preceding stages of the process) and a number of organisations. Of those, 170 were received through Your Say.
2.2. Overall findings demonstrated strong support of the draft Hobart: A community vision for our island capital.
2.3. A number of themes emerged regarding suggested changes.
2.3.1. Changes were made in responses to these themes; a summary of the changes is provided in Attachment B.
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That: 1. The Council receive and note the updated vision document, Hobart: A community vision for our island capital included as Attachment A to the report. 2. The Council endorse the final vision document to guide the City of Hobart’s work into the future. |
4. Background
4.1. Aldermen may recall that two research projects helped to inform the Council decision to create a new, community-led vision document to guide the City’s strategic planning.
4.1.1. A preliminary report evaluated changes that had occurred in Hobart since the first vision document was created in 2006. The report was used to help inform the decision to update or create a new vision.
4.1.2. A second report evaluated global trends in city visioning and long-range strategies, including document structures, content, and community engagement methods, and related initiatives. The report reviewed examples from over 60 cities in 37 countries.
4.1.3. The Governance Committee received a presentation on that report, along with specific recommendations as to means of undertaking the project to create a new vision. On 6 March 2017, the Council decided inter alia:
“That: 1. The Council reaffirm its commitment to creating a new vision or long-range strategy for the City of Hobart.
2. The process to create a new vision commence in early 2017.
3. The process to create the new vision involve broad-scale community engagement, including:
(i) Both online and offline methods, including web and social media presence and a range of in-person interactions.
(ii) Incorporating techniques of relevance to long-range strategy, such as strategic foresight, systems thinking, and participatory democracy.
(iii) Building vision-specific partnerships with key stakeholders, such as the University of Tasmania and metropolitan local government entities.
(iv) Wherever practicable, entering into direct dialogue with leading cities in relation to the development and measurement of individual and aspirational visions, to assist the process.
4. The process to create the new vision involve comprehensive pre-engagement planning, including:
(i) A dedicated communications strategy, including provisions for project branding, marketing and messaging.
(ii) A dedicated research and evaluation strategy, including provisions for data collection and analysis.
5. Regular updates be provided to ELT and the Council.”
4.2. The community engagement leading to the creation of the draft vision was designed and undertaken with consultants under the banner of The20. The major engagement phases were:
· Phase 1: Talking to Hobart interviews (September - October 2017; 214 participants)
· Phase 2: City Forum (November 2017; 116 participants)
· Phase 3: Wider engagement (October 2017 - January 2018; 528 survey responses)
· Phase 4: Stakeholder workshops (January - February 2018; 44 attendees)
· Phase 5: Community Panel (February - March 2018; 46 panellists)
4.2.1 The Community Panel created a draft vision framework, which was presented to Aldermen on 14 March 2018. On 19 March 2018, Council decided inter alia:
“That: 1. The Council receive and note the presentation from Community Panellists, as the core input leading into a subsequent comprehensive project report and draft vision document.
2. The Council convey its sincere thanks to the Panel Members from the Hobart City Vision Project.”
4.2.2. A detailed report on engagement findings, including a summary of the Community Panel process, was compiled by The20 and provided to Aldermen in May 2018.
4.2.3. The draft framework was considered and edited by Council officers, to ensure consistency in language and that the major themes from the preceding stages of the engagement were captured in the document. The draft was returned to panellists for their review, and the draft that went to the Finance and Governance Committee incorporated their feedback.
4.3. The Finance and Governance Committee received a presentation on the draft vision, along with a recommendations to endorse the draft for wider community engagement. On 21 May 2018, the Council decided inter alia:
“That: 1. The Council receive and note the draft Hobart: A community vision for our island capital document and it be endorsed for release for broad community engagement for the period of a month until mid-June 2018.
2. A further report be provided detailing the outcome of the community engagement, and the final document for approval.”
4.4. Community engagement for the draft Hobart: A community vision for our island capital was open for four weeks during May and June 2018.
4.4.1. The opportunity to comment was promoted in the June issue of the City News, on Facebook, and via email to Your Say subscribers and previous participants in the process.
4.5. The draft document was posted on Your Say Hobart along with a brief survey, which people could fill out as an individual and/or as part of an organisation. Some people and organisations responded by email.
4.5.1. The questions centred on those the project set out to answer from the beginning of the project, for example:
“If the vision reflects Hobart values, identity and unique characteristics, as well as perceptions of its ability to guide Council’s work into the future?”
4.5.2. Respondents could rate their sentiments on a Likert-type scale (Strongly agree / Agree / Neither agree or disagree / Disagree / Strongly disagree).
4.5.3. 170 people responded to the survey. The percentage of respondents who strongly agreed or agreed with each statement averaged 70.65 per cent.
4.5.4. The survey questions and a summary of findings are also provided in Attachment B.
4.5.5. Respondents also had the opportunity to provide open-ended comments. Examples of feedback are provided in Attachment B. A summary of the major themes that emerged from open-ended comments included:
· Strong support for the sections on local identity and the natural environment.
· Strong support for the inclusion of public and active transport priorities.
· Uncertainty about the purpose of the vision until later in the document.
· Questions about the all-encompassing nature of the document and how widely it could potentially be interpreted.
· Concern about the lack of practical details, for example, about budgets, staffing and measurement.
· Questions about the political reality the vision will operate within, including how it will interact with potentially conflicting State strategies and policies.
· Questions about whether to read the document as about present vs future-focused.
4.5.6. The essence of the feedback was that there is generally strong support for the vision, and the most important improvement made following the engagement findings was to make the purpose clear earlier in the document.
4.5.6.1. The document was edited to include a context-setting section immediately before the table of contents to help clarify this point for readers.
4.5.6.2. Feedback requesting more detailed information about implementation is more relevant to the strategic planning phase, underlining the importance of undertaking a rigorous body of work to ensure that the intent of the vision is reflected through Council’s actions.
4.5.7. Edits to the vision in response to this and other feedback can be found in Attachment B.
4.5.8. If Aldermen wish to view the feedback on the draft vision in its entirety, this can be arranged through the Acting Associate Director Community and Culture.
5. Proposal and Implementation
5.1. The final Hobart: A community vision for our island capital (Attachment A) is the last step of the project to create a new vision for Hobart.
5.1.1. The document is a reflection of the depth and breadth of research and engagement that has been undertaken - involving over 1,100 contributions from community members and stakeholders, as well as the participation and support of over 50 members of staff at the City of Hobart.
5.1.2. The final document represents the culmination of the six stages of community engagement, as well as an additional stage of wider engagement on the draft document.
5.2. It is proposed that the Council receive and note the updated vision document, Hobart: A community vision for our island capital, and that it be endorsed as the final vision document to guide the City of Hobart’s future work.
5.2.1. Should the document be endorsed, a launch celebrating the completion of the document with key project participants will be undertaken in August 2018.
5.2.2. The process to integrate the vision into strategic planning will commence in late 2018, with any other strategies being created or updated referencing the document immediately.
6. Strategic Planning and Policy Considerations
6.1. Hobart: A community vision for our island capital will supersede Hobart 2025: A strategic framework and become the new document guiding Council’s work.
6.1.1. The new vision will be used to review and update Council’s 10-year strategic plan, the Capital City Strategic Plan 2015-2025, beginning in late 2018. The strategic plan is considered to be the City of Hobart’s practical response to the vision set by community members.
6.2. The new vision will likewise influence other strategy and policy documents, in particular those due to be updated.
6.2.1. Examples of other strategies and frameworks that have already begun to factor the draft findings from Hobart: A community vision for our island capital into their design include those for smart cities, transport, asset management, community engagement and economic development.
6.3. These projects, as well as that to update the strategic plan, provide an important and timely opportunity for Hobart communities to see their needs, values and aspirations reflected across a range of service areas.
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. A funding allocation for an event to celebrate the completion of the document is included in the 2018-19 annual plan.
7.2. Impact on Future Years’ Financial Result
7.2.1. None arise from this report.
8. Legal, Risk and Legislative Considerations
8.1. Although the vision itself is not a statutory document, it will have a direct impact on strategic and annual planning and reporting, which are statutory requirements.
8.1.1. The findings from vision engagement and the vision itself both present Council with opportunities to make these and other statutory initiatives more relevant to current community sentiments.
8.2. The engagement approach and the adoption and implementation of the document (via the strategic plan and related documentation and processes) will provide significant opportunities for Council to manage risk.
8.2.1. The document contains a number of focus areas describing specific topic areas for which community members would like to see Council manage risk effectively, for example to do with natural disasters and diversifying local economies.
8.2.2. The increased understanding of community values and concerns yielded through the document and engagement process articulate sentiments around areas of concern for communities as Hobart moves into the future, for example, about development and place attachment.
9. Environmental Considerations
9.1. There are a strong opportunities for the new vision to help Council support communities in achieving net-positive environmental impacts.
9.1.1. In particular, Identity Statement 1: Where we live and Pillars 1 and 6: Sense of Place and Natural Environment provide specific insights into community sentiments in relation to environmental values and issues
9.1.2. The vision provides strong support for Council undertaking and supporting initiatives to protect and regenerate Hobart’s natural environment, which project participants expressed as being crucial to identity and lifestyle.
10. Social and Customer Considerations
10.1. The new vision reflects strong community values about community inclusion, participation and belonging (Pillar 2), as well as creativity and culture (Pillar 3).
10.1.1. The vision articulates a strong set of concerns and values about ensuring everyone has an opportunity to participate and contribute to city life, regardless of background, life stage and so on.
10.2. Customer considerations also arise from the vision, in particular, a desire on the part of community members to have access to information and processes that they can understand.
10.2.1. These are topics for consideration in a range of projects, for example, Smart Cities strategy development.
11. Marketing and Media
11.1. The vision presents a range of media and marketing opportunities.
11.1.1. A communications plan is being created in collaboration with the Communications and Marketing Division, including provisions for web and social media marketing.
11.1.2. Should the recommendation be endorsed, a media launch will be planned for the week following the adoption of the new vision.
12. Community and Stakeholder Engagement
12.1. The vision articulates strong views about civic engagement, and, in particular, community expectations of government (at all levels).
12.1.1. Identity Statement 1 and Pillar 8 both provide specific guidance as to community perspectives on engagement and governance.
12.1.2. Findings are in line with Council’s community engagement approach, as articulated through the draft Community Engagement Framework.
12.2. The process to create the vision used a wide range of engagement methods of varying depth and breadth.
12.2.1. This included methods new to the City of Hobart, such as the large-scale interview approach and the Community Panel and the associated subject matter expert contributor session.
12.2.2. Lessons from these approaches are already being applied to engagement programs currently being designed, such as for Smart Cities strategy engagement.
12.3. The draft Hobart: A community vision for our island capital was circulated to previous project participants, posted on Your Say and in the City News, and emailed out to staff in a memo from the General Manager.
12.3.1. The variety of submissions received and the strong level of overall support for the draft helped to confirm that the document is indeed a reflection of community priorities.
12.4. Should the document be endorsed, a final celebration of the completion of the document with key project participants will be undertaken in August 2018.
13. Delegation
13.1. 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.
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Marisa McArthur Project and Research Officer |
Kimbra Parker Acting Associate Director Community Development |
Date: 11 July 2018
File Reference: F18/77491; 2017-0189-01
Attachment a: Hobart:
A community vision for our island capital - final draft
⇩ ![]()
Attachment
b: Summary
of draft vision wider engagement findings ⇩ ![]()
Attachment
c: Hobart:
A community vision for our island capital - engagement draft ⇩
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6.7 Annual Aldermanic Representation on External Bodies & Membership of the Tasmanian Polar Network
Report of the General Manager of 11 July 2018 and attachments.
Delegation: Council
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Item No. 6.7 |
Agenda (Open Portion) Finance and Governance Committee Meeting |
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Memorandum: Finance and Governance Committee
Annual Aldermanic 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 Aldermen 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 the reporting period is for the 18 month period ending 30 June 2018.
Attached are the written reports provided for this purpose by the Lord Mayor and Council officers, with the remaining Aldermen opting to provide verbal reports at the Finance and Governance Committee meeting.
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That: 1. The information contained in this report, and the verbal reports provided by Aldermen, 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 2018/2019 Annual Plan.
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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.
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N.D Heath General Manager |
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Date: 11 July 2018
File Reference: F18/71971
Attachment a: Annual
Report of the Lord Mayor ⇩ ![]()
Attachment
b: Annual
Reports Provided by Council Officers ⇩
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6.8 Council of Managers of National Antarctic Programs (COMNAP) - Annual General Meeting - August 2020- Request to Use Town Hall
Report of the Group Manager City Government and Customer Relations and the Deputy General Manager of 12 July 2018.
Delegation: Council
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Item No. 6.8 |
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REPORT TITLE: Council of Managers of National Antarctic Programs (COMNAP) - Annual General Meeting - August 2020- Request to Use Town Hall
REPORT PROVIDED BY: Group Manager City Government and Customer Relations
Deputy General Manager
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to present a request from the Council of Managers of National Antarctic Programs (COMNAP) to utilise the Town Hall to host its 2020 Annual General Meeting.
1.2. The Australian Antarctic Division will host the meeting and have requested that the hire fees for the venue be waived, given the common interest in Antarctic affairs which is shared by the two organisations.
2. Report Summary/Background
2.1. The COMNAP Annual General Meeting will be held over the week of 2 to 7 August 2020 and will coincide with the Scientific Committee on Antarctic Research (SCAR) Open Science Forum and Delegates Meeting, which will be held at the Hotel Grand Chancellor.
2.2. These two events will attract over 800 delegates from 40 countries with the Town Hall being identified by the organisers as a desirable location for the COMNAP AGM due to its proximity to the SCAR venue, the iconic nature of the building and the common interest in Antarctic activities shared by the host organisation and the City.
2.3. Discussions have occurred between officers of the City and the Antarctic Division in relation to the anticipated logistics of hosting an event of this nature, which will utilise the Town Hall Ballroom and ancillary rooms including the Lord Mayor’s Courtroom, and potentially the Council Chamber and adjacent meeting rooms.
2.4. The organisers are aware of the requirement for the normal business requirements of Council to occur and will work with officers to ensure effective logistical arrangements to minimise impacts.
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That: 1. The Council approve the request from the Australian Antarctic Division to use the Town Hall for the 2020 COMNAP Annual General Meeting, to be conducted from 2-7 August, at no charge. 2. The General Manager be authorised to waive the hire fees associated with the use of the Town Hall for the event. 3. Details of the fees waived be included in the 2020/21 Annual Report, in accordance with the Council’s policy in relation to grants and benefits.
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4. Proposal and Implementation
4.1. Due to the long lead-time for the booking, it is not possible to accurately estimate the value of hire charges, as detailed planning has yet to commence.
4.2. An “indicative cost” of $4,300 has been calculated based on the current schedule of fees and charges and the use of a range of spaces for the week long duration of the event.
4.3. In order to facilitate ongoing arrangements, it is recommended that the Council provide in-principle approval of the proposal, including waiving of the actual hire charges, and the General Manager be delegated the authority to approve the waiving of the final cost of the hire of the Town Hall facilities.
4.4. The final value of the fees waived would be disclosed in the 2020/21 Annual Report in accordance with the Council’s policy on grants and benefits.
5. Strategic Planning and Policy Considerations
5.1. The proposal reflects the City’s strategic objectives to support city vibrancy and growth, and partnerships with organisations which support Antarctic research.
6. Consultation
6.1. Consultation has occurred with the Associate Director City Economy, Tourism and Events.
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. There is no impact on the forecast operating result in the current year’s Annual Plan.
7.2. Impact on Future Years’ Financial Result
7.2.1. The proposal would result in foregone income from hire fees in the order of $ in 2020/21.
7.3. Asset Related Implications
7.3.1. Not applicable
8. Legal, Risk and Legislative Considerations
8.1. No legal or risk implications arise from this report.
9. Delegation
9.1. The Council is requested to determine this request.
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.
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Margaret Johns Group Manager City Government and Customer Relations |
Heather Salisbury Deputy General Manager |
Date: 12 July 2018
File Reference: F18/79201
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Item No. 6.9 |
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6.9 Stakeholder Relations and Advocacy with Local, State and Federal Tiers of Government
Memorandum of the General Manager of 12 July 2018.
Delegation: Committee
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Item No. 6.9 |
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Memorandum: Finance and Governance Committee
Stakeholder Relations and Advocacy with Local, State and Federal Tiers of Government
Purpose
The purpose of this report is to provide the Council with an overview of activities involving key stakeholders including Local, State and Federal level of government.
Discussion
The Council has established effective working relationships at a senior bureaucratic and political level with other councils as well as the Tasmanian and Australian Governments. It also actively contributed to peak bodies within the local government sector.
A summary of these are listed below.
Australian Government
Meetings have been held with the Assistant Minister for Cities, the Hon. Angus Taylor MP and the Hon. Paul Fletcher MP, Minister for Urban Infrastructure and Cities. These meetings have discussed the progress of the Hobart City Deal.
As per the Heads of Agreement a number of working groups have been established to progress the City Deal.
Meetings have also been held with the Member for Denison, the Hon. Andrew Wilkie MP and Senator for Tasmania, the Hon. Eric Abetz.
Council of Capital City Lord Mayors
The Council of Capital City Lord Mayors (CCCLM) meet on a regular basis with both the Lord Mayor and General Manager attending meetings.
The CCCLM has established a number of priority areas including, Infrastructure and Public Transport, Resilience, Climate Action, Homelessness and the Economy.
A two-year CCCLM advocacy platform is being developed which incorporates the above priority areas. It is anticipated that the advocacy platform will be launched later this year. A number of policy and practice workshops have also been held with city officers, including representatives from the City of Hobart.
In November 2017, a number of meetings were held with Australian Government ministers including:
· The Hon. Darren Chester MP, the then Minister for Infrastructure and Transport
· The Hon. Paul Fletcher MP, Minister for Urban Infrastructure
The then Assistant Minister for Cities, the Hon Angus Taylor MP also briefed the CCCLM on city deals, Smart Cities and Suburbs program and the National Cities Performance framework.
In addition to these meetings, Lord Mayors and CEOs met with the Hon. Anthony Albanese MP, Shadow Minister for Infrastructure, Transport, Cities and Regional Development; the Hon. Mark Butler MP, Shadow Minister for the Environment and Senator Richard Di Natale, Leader of the Australian Greens.
Federal Government engagement has also occurred with Ministerial and departmental staff from Department of Prime Minister and Cabinet; Department of Health and Ageing; Department of Defence and Infrastructure Australia.
CCCLM members have received presentations in relation to City Safety and Security (Counter Terrorism Committee; Mass Gatherings Advisory Group; Disaster Resilience Strategy Branch); Airbnb regulation; Homelessness; Health and Education Super Precincts and Collaboration Areas; CBD Transformation (Sydney CBD).
The CCCLM provided a submission to the House of Representatives’ Standing Committee on Infrastructure, Transport and Cities in the Australian Government’s role in the development of cities and the National Indicator Framework.
Stakeholder engagement has taken place with the Foundation for Alcohol Research and Education; LG Professionals; CRC for Low Carbon Living; Australian Sustainable Built Environment Council; Climate Action Roundtable officers’ group; Smart Cities Council; Australian Housing and Urban Research Institute and the Climate Action Roundtable.
Tasmanian Government
A number of meetings have been held with Tasmanian Government Ministers, including the Deputy Premier; the Minister for Local Government and State Growth and the Minister for Energy, Resources, Building and Construction and Veterans’ Affairs.
Council officers regularly meet with their Tasmanian Government counterparts, including officers from the Department of State Growth and Infrastructure Tasmania.
Meetings are also held with Tasports, the Tasmanian Audit Office, Metro Tasmania, TasWater, and the Sullivans Cove Tripartite Steering Committee.
Local
Government
Local Government Association of Tasmania
The Local Government Association of Tasmania (LGAT) provide four general meetings each year which provide an opportunity to formulate and ratify LGAT policy. Items to be considered at the upcoming general meeting including, waste management; review of Councillor Allowances; Board of Inquiry recommendations; sale of Anglican Churches; mentoring for new Councillors; planning reform; Local Government sustainability and climate change.
The Council also regularly provides input into sector-wide submissions, including the recent Local Government Amendment (Targeted Review) Act 2017.
Southern Tasmanian Councils Authority
The Southern Tasmanian Councils Authority (STCA) meet quarterly and consists of the 12 Southern Tasmanian Councils. The group has received presentations from the Auditor-General and the Leader of the Tasmanian Labor Party. A presentation from the Director of Local Government is scheduled for August. The STCA is working effectively on issues of strategic importance to the region, including land use planning, climate change and waste management. The City of Hobart is currently providing secretariat support for the STCA on a fee-for-service basis.
Glenorchy and Hobart Transit Corridor Steering Committee
Hobart and Glenorchy City Councils continue to work together to further progress the Glenorchy to Hobart Public Transit Corridor Project. The consultant appointed to assist in garnering the required government, agency and private sector support and commitment to implement urban renewal and transit orientated development projects has completed his report. An update on this project will be provided to the Council during the August round of meetings.
Macquarie Point Development Corporation
A regular meeting between the Macquarie Point Development Corporation and the Council takes place every six weeks.
Items for discussion at the meetings include the Tasman Highway Shared Accessway; wayfinding signage; events and the InterCity Cycleway.
Other key stakeholders
The Council also has meaningful relationships with a range of other key stakeholders including the Hobart International Airport; Council of Hobart Community Associations and UTAS.
Conclusion
The Council continues to maintain effective working relationships with all levels of government as well as other key stakeholders.
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That the information be received and noted.
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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.
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N.D Heath General Manager |
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Date: 12 July 2018
File Reference: F18/78472
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Item No. 6.10 |
Agenda (Open Portion) Finance and Governance Committee Meeting |
Page 356 |
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17/7/2018 |
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Memorandum of the General Manager of 12 July 2018.
Delegation: Committee
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Item No. 6.10 |
Agenda (Open Portion) Finance and Governance Committee Meeting |
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17/7/2018 |
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Memorandum: Finance and Governance Committee
Weather Event - Update
Introduction
The purpose of this memorandum is to provide the Council with an update in
relation to the May 2018 weather event.
Background
As Aldermen are aware an
extreme widespread rainfall and thunderstorm event commenced on Thursday 10 May
2018 and continued into Friday 11 May 2018.
The Bureau of Meteorology (BOM) Hobart has advised
that the event was influenced by a narrow band of tropical moist air (an
‘atmospheric river’), directed towards South East Tasmania by a low
pressure centre to the east of the state which caused a massed line of thunder
storms to pass over and remain directly over parts of Hobart (particularly the
southern suburbs) for an extended period, mainly between 10pm and 11pm.
In the 24 hours to 9am on Friday 11 May, more than 120mm of rain fell in Hobart and surrounding suburbs – the fourth highest recorded levels since records started and Hobart's highest recorded daily total for May.
The event caused flash flooding in downstream rivulets, with storm and flash flooding causing widespread power outages, inundating properties and sweeping away cars. There was widespread damage to homes, essential services, businesses and community infrastructure in Southern Tasmania.
The Insurance Council of Australia declared the event a catastrophe, and has advised that as at 15 June 2018, the event has resulted in 7,912 claims to the value of approximately $80.8 million.
Damage to
City of Hobart assets
Thirteen of Council’s insured properties
suffered damage to varying degrees as a result of the May 10-11 weather event.
These are:
· City Hall
· Youth ARC
· McRobies Gully Waste Management Centre
· 827 Sandy Bay Road
· 42 Darcy Street
· 22 Creek Road
· TCA Indoor Cricket
· Queenborough Oval Pavilion
· Council Centre
· John Colvin Stand
· Cleary’s Gates Water Workshop
· 5 Morrison Street
· Domain Athletic Centre
As a result of the extent of damage, a claim was made under the JMAPP Discretionary Trust which is the City’s property insurance policy. There has been a mix of repairs performed by the insurer’s contractor and repairs undertaken by the City’s building maintenance area; recovery will be sought from the insurer for the expenses paid by the City in repairing these properties.
New Town Senior Citizens Club as lessee organised for the replacement of a switchboard damaged at 22 Creek Road. The cost of this has been reimbursed by the City and will be recovered through the City’s property insurance.
Repairs have been completed to the majority of these buildings. The repairs to City Hall were the highest priority due to the impending Dark Mofo and Festival of Voices performances booked for the space.
A decision has been made to redesign the Youth ARC facility. As a result, the City will receive payment for the cost to reinstate the space to the pre-flood condition. This money will go towards the cost to rebuild the youth centre.
Similarly, as a result of plans to replace the floor within City Hall, a decision was made not to sand and varnish the floor. The cost of the works will go towards the floor replacement.
Moisture monitoring equipment is being installed in the basement area of City Hall to monitor moisture levels for at least the next three months. Moisture continues to seep up from the subsoil and this will be monitored and any anti-mould treatment applied. The weather event also resulted in further subsidence movement and cracking to City Hall. The building has been temporarily stabilised based on structural engineering advice, however it may take several years for the subsoil to dry and the extent of movement and need for permanent intervention to be determined.
Business interruption costs for two cancelled City Hall bookings, disruption to the operation of McRobies Gully Waste Management Centre and Youth ARC will also form part of the overall JMAPP claim.
Fortunately a major review of building insurance and re-valuation of building assets was completed in 2017/18. This resulted in assurance that all known buildings were insured and to the correct value under the policy.
There are three classifications of damage to City of Hobart assets:
• Insurable losses
• Damage to essential public assets
• Damage to infrastructure not deemed as essential under the Natural Disaster Relief and Recovery Arrangements (NDRRA)
Insurable losses:
• Council is repairing insured assets in conjunction with the broker/insurer. For the most part this is damage to buildings including the City Hall, McRobies Waste Management Centre, leased buildings, etc.
• This insurance also includes business interruption costs and damage to contents.
Damage to essential public assets
• Declaration of a natural disaster has opened funding under the NDRRA.
• Essential public infrastructure under the NDRRA includes: roads and road infrastructure including footpaths, bridges, tunnel and culverts, stormwater infrastructure
• Under the NDRRA, the Australian Government may fund up to 75% of the costs as detailed in the arrangements. This fund is administered by the State Government (DPAC). Any claim under the NDRRA is subject to an audit by the Tasmanian Audit Office, at Council’s expense.
• We now have advice that the Pinnacle Road is classified as essential public infrastructure under the NDRRA.
• We are seeking clarification if the waste management centre and fire trails will be considered essential public infrastructure.
• City Infrastructure have estimated around $20m in damage to essential infrastructure.
Damage to non-essential infrastructure:
• Currently there is no external funding for the estimated $4.5m damage to those assets not deemed as essential under the NDRRA.
• A separate application is being made for those assets which are not deemed to be essential infrastructure. This includes sportsgrounds, playgrounds, tracks, parks, etc.
• This funding application, which also seeks funds to support community rebuilding and resilience work, has been prepared by the Department of Premier and Cabinet on behalf of all of the Councils for the further funding under Category C of the NDRRA.
At this stage it is still too early to determine what impact the weather event will have on the Council’s 2018/19 financial position.
City of Hobart Review
An officer led review is currently being undertaken, with the review to focus on the following:
· Before the event: Preparedness - what we did to be ready to respond and manage recovery before the incident occurred or became imminent?
· During the event: Response - what we did when the incident occurred or was imminent?
· After the event: Recovery – what we have done, and what we propose to do in the short and longer term to manage the social, infrastructure, economic and environmental impacts?
The review will seek to identify things that were done well and identify opportunities for improvement for further consideration as part of a detailed written report.
A workshop with key staff involved in the Council’s response and recovery activities has been held. This workshop was observed by a representative of the Council’s Auditor, Wise, Lord & Ferguson (WLF).
Meetings have been, and continue to be held with staff across the organisation to gain an understanding of their experience of the event. This includes team and individual meetings, as well as meetings with key external agencies.
While the review is still underway, and the presentation of findings would be best left to the report itself, the following initial observations are provided:
· The volatility of the event, in both its suddenness and scale, as well as the limited warnings that were provided presented challenges in both preparedness and immediate response.
· The commitment and contribution by staff across the entire organisation in both responding to the event, and working with our community in the recovery phase, has been exemplary.
· The Council has been very effective in getting things ‘back to normal’ as quickly as possible.
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That: 1. That the information be received and noted. 2. That the General Manager continue to keep the Council updated on the outcomes of the weather event on a no less than a quarterly basis.
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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.
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N.D Heath General Manager |
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Date: 12 July 2018
File Reference: F18/79426
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Agenda (Open Portion) Finance and Governance Committee Meeting |
Page 362 |
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Alderman Helen Burnet
Motion
“The last Local Government election continued a trend of low voter participation in the Hobart municipality. Additionally, many ballot papers were not completed properly, and therefore were counted as informal.
This motion requests that:
1. A report be prepared that determines ways to address Hobart’s low rates of voter participation and the high number of informal votes cast particularly for the position of alderman in the 2014 Hobart Council election
2. The report determine how best to address both issues-to increase voter participation and to ensure successful completion of ballot papers to make their vote count in the forthcoming 2018 Hobart elections.
3. That consideration be given to “how to make your vote count” advertising that is specific for Hobart electors, and lobbying both the state government and Tasmanian Electoral Commission to also run an active education campaign to address these and any other anomalies identified.
4. Consideration also be given to reviewing the process for applying to be included on the General Manager’s role, to ensure it is sufficiently robust for people to participate
5. The report also consider setting targets for attaining more successful participation of eligible voters.”
Rationale:
“Council elections will occur in September and October 2018. The last Hobart Council election recorded both the lowest voter participation of any Local Government Area and the highest rate of informal votes, 7.6% for aldermen.
From the TEC Report of the Hobart election of 2014: https://www.tec.tas.gov.au/Info/Publications/LocalGovernmentElectionReports/Current_Reports/Individual_Reports/2014%20Hobart%20City%20Council%20election%20report.pdf
“37 624 Hobart City electors were enrolled for the 2014 elections, comprising 35 810 (95.18%) from the State House of Assembly roll and 1 814 (4.82%) from the General Manager’s roll. 51.70% of Hobart City electors returned their ballot papers in comparison with 54.58% statewide.”
The high rate of informal votes counted at the last Council election, and the relatively low rate of participation in Hobart City Council elections, suggests a gap in effective democracy. The poor turnout is a pattern, with Hobart percentages consistently below the state average. This motion looks to increase voter participation in Hobart municipal elections.
The last election had a field of 30 candidates for Alderman/councillor, and this large number may have contributed to the high rate of informal votes.
This motion looks at ways of promoting voter participation for the Hobart municipal elections, and how voters can cast an effective ballot.
The responsibility to improve effective voter participation is both that of the TEC, and HCC. Whilst Hobart City Council has previously lobbied for compulsory voting, this issue is not part of this motion.”
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 Local Government elections.”
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Agenda (Open Portion) Finance and Governance Committee Meeting |
Page 363 |
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A report indicating the status of current decisions is attached for the information of Aldermen.
REcommendation
That the information be received and noted.
Delegation: Committee
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Item No. 8.1 |
Agenda (Open Portion) Finance and Governance Committee Meeting - 17/7/2018 |
Page 365 ATTACHMENT a |











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Agenda (Open Portion) Finance and Governance Committee Meeting |
Page 377 |
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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.”
9.1 Parking University Sandy Bay Campus
File Ref: F18/74513; 13-1-10
Report of the Director Financial Services of 17 July 2018.
Delegation: Committee
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That the information be received and noted.
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Item No. 9.1 |
Agenda (Open Portion) Finance and Governance Committee Meeting |
Page 379 |
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Memorandum: Lord Mayor
Deputy Lord Mayor
Aldermen
Response to Question Without Notice
Parking University Sandy Bay Campus
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Meeting: Finance and Governance Committee |
Meeting date: 13 June 2018 |
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Raised by: Alderman Cocker |
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Question:
Can the Director advise if the University of Tasmania’s Sandy Bay campus and the surrounding streets are being regularly patrolled, and provide data on the number of infringements that have been issued in the past six months, indicating which streets in the vicinity are subject to parking restrictions?
Response:
The University of Tasmania (UTAS) Sandy Bay campus is private property which is managed and patrolled by UTAS Security staff who issue infringement notices under UTAS By-Laws.
The surrounding streets are patrolled by City of Hobart Parking Officers. The majority of streets have some form of restriction, predominantly 2P, with Residential Permit Holders excepted.
The surrounding streets are patrolled regularly, with the statistics for the last six months being 669 infringements issued in 54 separate days of patrolling.
Following is a list of the streets patrolled and infringements issued.
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Street Patrolled |
No. of Infringements issued |
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Adams Street |
2 |
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Alexander Street |
108 |
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Baden Street |
1 |
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Churchill Avenue |
5 |
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David Avenue |
31 |
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Duke Street |
3 |
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Earl Street |
92 |
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French Street |
109 |
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Glebe Street |
1 |
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Gore Street |
1 |
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Goulburn Street |
3 |
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Grace Street |
18 |
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Grosvenor Street |
62 |
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Lord Street |
15 |
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Nelson Road |
4 |
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Niree Heights |
1 |
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Osborne Street |
4 |
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Parliament Street |
1 |
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Quayle Street |
12 |
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Queen Street |
1 |
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Quorn Street |
45 |
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Regent Street |
4 |
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Richmond Parade |
1 |
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Sandy Bay Road |
34 |
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View Street |
93 |
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York Street |
18 |
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Grand Total |
669 |
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.
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David Spinks Director Financial Services |
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Date: 6 July 2018
File Reference: F18/74513; 13-1-10
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Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
An Alderman may ask a question without notice of the Chairman, another Alderman, 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 Alderman 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, Aldermen, 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 Aldermen, at the appropriate time.
(iii) upon the answer to the question being circulated to Aldermen, 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.
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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:
· information of a personal and confidential nature
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 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 Write-Off of Debts LG(MP)R 15(2)(g) Item No. 5 Committee Action Status Report Item No. 5.1 Committee Actions - Status Report LG(MP)R 15(2)(a), (c)(i), (c)(ii), (f), (g), (i), (j), e(i) and e(ii) Item No. 6 Questions Without Notice
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