AGENDA

OPEN PORTION OF THE Council Meeting

Monday, 20 March 2023

AT 5.00 pm

 



 


 

Agenda (Open Portion)

Council Meeting

Page 5

 

20/3/2023

 

 

ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Acknowledgement of Country. 6

2.        Confirmation of Minutes. 6

3.        Transfer of Agenda Items. 6

4.        Communication from the Chairman. 6

5.        Notification of Council WorKshops. 7

6.        Public Question Time. 8

7.        Petitions. 8

8.        Consideration of Supplementary Items. 8

9.        Indications of Pecuniary and Conflicts Of Interest. 9

Officer Reports. 10

10.     Strategic Priorities and Annual Plan Progress Report period ending 31 December 2022. 10

11.     Submission to the Tasmanian Government's Population Strategy Refresh Consultation Paper 58

12.     Community Engagement Review - Update. 66

13.     City of Hobart Procurement Strategy 2023-2027. 72

14.     Notice of Motion Response - Public Interest Register and Conflicts of Interest Advisory Panel 98

15.     Notice of Motion Response - Property Developer Contact Register 106

16.     Draft New Policy - City of Hobart Flag Management Policy. 113

17.     Memorial Plaque Proposed for Napoleon Street Park. 121

18.     Australian Local Government Association - Call for Motions. 132

19.     Appointment Municipal Emergency Management Coordinator and Deputy Coordinator 158

Report of the Chief Executive Officer

20.     Study Tour - Brisbane and Gold Coast 162

Motions of which notice has been given

21.     Crowther and Lanne History. 167

22.     Underutilised Bedrooms Incentive. 171

23.     RESPONSES TO QUESTIONS WITHOUT NOTICE. 176

23.1  Outstanding Question. 177

23.2  Anonymous Complaint 179

23.3  Stakeholder Correspondence. 181

23.4  Decision Making. 183

24.     QUESTIONS WITHOUT NOTICE. 186

25.     Closed Portion Of The Meeting.. 187

 


 

Agenda (Open Portion)

Council Meeting

Page 8

 

20/3/2023

 

 

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Monday, 20 March 2023 at 5.00 pm.

 

Kelly Grigsby

Chief Executive Officer

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

This meeting of the Council is held in accordance with a Notice issued by the Premier

on 31 March 2022 under section 18 of the COVID-19 Disease Emergency

(Miscellaneous Provisions) Act 2020.

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor Dr Z E Sherlock

Councillor J L Kelly

Councillor L M Elliot

Alderman L A Bloomfield

Councillor R J Posselt

Councillor B Lohberger

APOLOGIES:

 

 

LEAVE OF ABSENCE: Nil.

 

1.       Acknowledgement of Country

 

2.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 20 February 2023, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

 

3.       Transfer of Agenda Items

 

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

 

4.       Communication from the Chairman

 

5.       Notification of Council WorKshops

 

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that the following workshops have been conducted since the last ordinary meeting of the Council.

 

Date:              Monday, 27 February 2023

Purpose:        Presentation by Department of Foreign Affairs and Trade (DFAT), Population Strategy Consultation Paper, Rating Strategy Review

 

Attendance:

The Lord Mayor Councillor A Reynolds, the Deputy Lord Mayor Councillor H Burnet, Alderman M Zucco, Councillors B Harvey, M Dutta, Z Sherlock, J Kelly, L Elliot, Alderman L Bloomfield, Councillor R Posselt.

 

Apologies:

Alderman S Behrakis

 

 

 

 

 

Date:              Tuesday, 14 March 2023

Purpose:        Budget 1, Salamanca Licence Fees

 

Attendance:

The Lord Mayor Councillor A Reynolds, the Deputy Lord Mayor Councillor H Burnet, Councillor B Harvey, Alderman S Behrakis, Councillors M Dutta, Z Sherlock, J Kelly, L Elliot, Alderman L Bloomfield, Councillor R Posselt, B Lohberger.

 

 

Apologies

Nil.

 

 

6.       Public Question Time

Regulation 31 Local Government (Meeting Procedures) Regulations 2015.
File Ref: 16/119-001

 

6.1    Public Questions

 

 

 

 

 

 

 

 

6.2    Responses to Public Questions Taken On Notice

 

“In accordance with the procedures approved in respect to Public Questions Time, the following responses to questions taken on notice are provided to the Council for information.

 

The Council is reminded that in accordance with Regulation 31(4) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.”

 

 

RECOMMENDATION

That the following responses to public questions taken on notice, be received and noted.

 

 

 

 

7.       Petitions

 

 

 

 

8.       Consideration of Supplementary Items

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

RECOMMENDATION

 

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

 

 

9.       Indications of Pecuniary and Conflicts Of Interest

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

 

Elected Members are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with.

 


Item No. 4.1

Agenda (Open Portion)

Council Meeting

Page 10

 

20/3/2023

 

 

Officer Reports

 

10.      Strategic Priorities and Annual Plan Progress Report period ending 31 December 2022

            File Ref: F23/13808

Report of the Manager Policy Lab and the Head of Intergovernmental Relations and Partnerships of 15 March 2023 and attachment.

Delegation:                 Council


Item No. 4.1

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20/3/2023

 

 

REPORT TITLE:                  Strategic Priorities and Annual Plan Progress Report period ending 31 December 2022

REPORT PROVIDED BY:  Manager Policy Lab

Head of Intergovernmental Relations and Partnerships

 

1.         Report Summary

1.1.     The purpose of this report is to present the progress report for the City of Hobart’s Strategic Priorities and the 2022-23 Annual Plan for the period ended 31 December 2022. (Refer Attachment A)

 

2.         Recommendation

That the Council endorse the Strategic Priorities and 2022-23 Annual Plan Progress Reports for the period 1 July to 31 December 2022, marked as Attachment A to this report.

 

 

3.         Background

3.1.     The City of Hobart Strategic Directions and Priorities are developed annually by the Council and Executive Leadership Team.

3.1.1.     The Strategic Directions and Priorities guide the annual budget development process and the City’s strategic focus for the year ahead. They are incorporated into the Annual Plan.

3.2.     The Annual Plan is required pursuant to Section 71 of the Local Government Act 1993. It is adopted by Council with the budget estimates and other budget papers. The Annual Plan sets out the Strategic Directions, major actions and initiatives that will guide the priorities of the organisation over the coming 12 months and must include a summary of the budget estimates.

3.2.1.     The 2022-23 Annual Plan includes a capital works program that delivers and enhances community facilities and infrastructure. It also includes planning for the future of Hobart to ensure long-term, transformative growth through the development of the Central Hobart and North Hobart Precinct Structure Plans and a refreshed best practice Community Engagement Framework

4.         Discussion

4.1.     The progress report provided at Attachment A, reports on the progress of the Strategic Priorities and Annual Plan for the period 1 July to 31 December 2022. 

4.1.1.     From March 2023 quarterly progress reports on the annual plan and strategic priorities will resume. Due to the timing of the Council elections and Caretaker period in 2022, a quarterly report was not produced for the September 2022 quarter. Instead, the report has been consolidated into a six-monthly progress report that reports on the period 1 July to 31 December 2022.

4.2.     The key actions in the Strategic Priorities are included in the Annual Plan.

4.3.     The 2022-23 Annual Plan has 105 major actions and initiatives listed. Implementation for the period 1 July to 31 December 2022 has seen 92.4 per cent of major actions and initiatives completed or in progress and 7.6 per cent have not yet been started.  

5.         Capital City Strategic Plan

5.1.     The Annual Plan progress report provides a summary of the progress of the major actions and initiatives in the Annual Plan and aligns with various strategies in the Capital City Strategic Plan 2019-29 including best practice, transparency and accountability to the community.

Pillar 8: Governance and civic involvement

Outcome 8.1: Hobart is a city of best practice, ethical governance and transparent decision-making.

8.1.2      Practice and communicate good city governance and decision-making.

8.1.3      Ensure systematic and useful measurement of community outcomes and the City’s performance.

 

 

 

 

 

 

 

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.

 

David McIver

Manager Policy Lab

Kat Panjari

Head of Intergovernmental Relations and Partnerships

 

Date:                            15 March 2023

File Reference:          F23/13808

 

 

Attachment a:             Strategic Priorities and Annual Plan Progress Report for the period ending 31 December 2022   


Item No. 4.1

Agenda (Open Portion)

Council Meeting - 20/3/2023

Page 14

ATTACHMENT a

 

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Item No. 5.2

Agenda (Open Portion)

Council Meeting

Page 58

 

20/3/2023

 

 

11.      Submission to the Tasmanian Government's Population Strategy Refresh Consultation Paper

            File Ref: F23/20323

Report of the Manager Policy Lab of 9 March 2023 and attachment.

Delegation:                 Council


Item No. 5.2

Agenda (Open Portion)

Council Meeting

Page 61

 

20/3/2023

 

 

REPORT TITLE:                  Submission to the Tasmanian Government's Population Strategy refresh consultation paper

REPORT PROVIDED BY:  Manager Policy Lab

 

1.         Report Summary

1.1.     The purpose of this report is to seek Council’s endorsement of the draft submission to the Tasmanian Government’s Population Strategy refresh consultation paper.

1.2.     The submission outlines the City of Hobart’s priorities in managing population growth.

1.3.     The submission will inform the Tasmanian Government as it develops its refreshed strategy which is due for completion in mid-2023.

2.         Key Issues

2.1.     The draft submission highlights the City of Hobart’s population forecast and identifies a range of priorities against the key themes included in the consultation paper, including:

2.1.1.     Liveability: the submission highlights the importance of managing population growth in a way that maintains or improves liveability. This includes a focus on strategic land use planning to enable growth while addressing housing availability and affordability, providing economic and cultural opportunity, maintaining a sense of place, and climate change.

2.1.2.     Supporting those wishing to have children: the submission notes the recent growth of young adults in Hobart and calls for a holistic approach to retaining and attracting this population cohort, including appropriate access to health, childcare, and education services.

2.1.3.     Aligning economic opportunities, changing workforce needs and migration: the submission highlights the importance of genuine engagement with diverse cohorts at a community level to understand specific needs.

2.1.4.     Managing a structurally ageing population: the submission highlights the importance of increasing access to facilities, programs and employment opportunities for this cohort.   


 

3.         Recommendation

That Council endorse the draft submission to the Tasmanian Government’s Population Strategy refresh included as Attachment A to this report.

 

4.         Background

4.1.     In 2015, the Tasmanian Government released its first Population Strategy. The goal of the strategy was to plan and manage future population trends.

4.2.     Since the initial strategy was released, the population has grown more than anticipated. For example, the 2030 interim population milestone of 570,000 was met in 2022.

4.3.     In light of the changing population and to facilitate long-term sustainable population growth the Tasmanian Government is refreshing its Population Strategy.

4.4.     A consultation paper was published in January 2023. This paper includes four objectives that the Population Strategy will focus on:

4.4.1.     Enable planning arrangements that improve liveability

4.4.2.     Reduce unnecessary barriers to those wishing to have and raise children

4.4.3.     Align emerging employment opportunities, changing workforce needs and migration

4.4.4.     Manage a structurally ageing population.

5.         Discussion

5.1.     Elected Members discussed the City’s population forecasts and projections; and the draft submission at the 27 February 2023 workshop. The insights from this discussion have informed the submission.

 

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.

 

David McIver

Manager Policy Lab

 

 

Date:                            9 March 2023

File Reference:          F23/20323

 

 

Attachment a:             City of Hobart - Submission to Tasmanian Population Strategy refresh - DRAFT   


Item No. 5.2

Agenda (Open Portion)

Council Meeting - 20/3/2023

Page 65

ATTACHMENT a

 

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Item No. 6.3

Agenda (Open Portion)

Council Meeting

Page 66

 

20/3/2023

 

 

12.      Community Engagement Review - Update

            File Ref: F23/17337

Report of the Manager Policy Lab and the Head of Intergovernmental Relations and Partnerships of 9 March 2023.

Delegation:                 Council


Item No. 6.3

Agenda (Open Portion)

Council Meeting

Page 71

 

20/3/2023

 

 

REPORT TITLE:                  Community Engagement Review - Update

REPORT PROVIDED BY:  Manager Policy Lab

Head of Intergovernmental Relations and Partnerships

 

1.         Report Summary

1.1.     In late 2022 the City undertook a review of its strategic community engagement practice to ensure it reflects best practice.

1.2.     The review resulted in 20 key recommendations which were presented at an Elected Members workshop on 5 December 2022.

1.3.     To deliver on these recommendations, an implementation plan has been developed which includes a review of the City of Hobart’s Community Engagement Framework and Policy documents.

1.4.     In reviewing the documents, officers will undertake a community engagement process to ensure Hobart’s community has input into how the City delivers engagement opportunities now and in the future.

1.5.     The purpose of this report is to outline this community engagement process and seek Council endorsement for the proposed engagement approach to be implemented.

2.         Key Issues

2.1.     In Hobart: A Community Vision for Our Island Capital the community expressed their desire for the City to govern with transparency and accountability, encouraging and welcoming active civic involvement (Pillar 8).

2.2.     The City’s current Framework and Policy guide this civic involvement by providing a blueprint for how the City engages, with who we engage and the methods we use.

2.3.     To ensure the City’s engagement practice remains current and reflects the community’s needs and aspirations, the City will periodically review its guiding Framework and Policy in consultation with the community, stakeholders and businesses. 

2.4.     The revised Framework and Policy will define our core principles and processes around engagement and provide the community with a clear understanding on how they can contribute to the City’s decision making.

2.5.     The revision will also explore opportunities for the use of contemporary engagement methods and innovation that improve participation and inclusion.

 

 

3.         Recommendation

That Council endorse the engagement approach detailed within this report.

 

 

4.         Background

4.1.     In late 2022, the City conducted a strategic service review of its community engagement practice.

4.2.     The review process included:

4.2.1.     Benchmarking the City’s engagement practice against similar councils

4.2.2.     Assessment of the City’s engagement documents (Framework, Policy, staff tools and templates)

4.2.3.     Evaluation of staff capability and culture around community engagement

4.2.4.     Evaluation of engagement activity planning and implementation

4.2.5.     A workshop with Elected Members to discuss the outcomes of the review (held on 5 December 2022)

4.3.     The review process resulted in 20 key recommendations and an implementation plan has been developed to deliver on these recommendations.

4.4.     A key action in this implementation plan is to undertake a review and update of the City’s current Community Engagement Framework (endorsed by Council in 2018) and the Community Engagement Policy (endorsed by Council in 2016).

5.         Legal, Risk and Legislative Considerations

Section 20(2) of the Local Government Act 1993 provides that in performing its functions Council is to consult, involve and be accountable to the community.

5.1.     Ensuring the City’s Community Engagement Framework and Policy is current and reflects best practice will:

5.1.1.     Mitigate reputational risk by ensuring the City responds to community and stakeholder needs and aspirations.

5.1.2.     Contribute to building stronger relationships with our local community

5.1.3.     Position the City of Hobart as leaders in community engagement.

6.         Discussion

6.1.     The strategic service review to date has assessed the City’s Community Engagement Framework and Policy against best practice and the IAP2 Quality Assurance Standard and Core Values.

6.2.     The City will develop a framework and policy that reflects the community’s views and aspirations and clearly defines the City’s commitment to community engagement.

Engagement objectives

6.3.     In undertaking this community engagement process the City aims to:

6.3.1.     Inform the community around City’s engagement practice and opportunities for participation in decision making.

6.3.2.     Identify opportunities for innovation by exploring the use contemporary and deliberative engagement methods that increase participation and representation.

6.3.3.     Build stronger relationships with the community with a focus of diversity and inclusion.

Engagement Methodology

6.4.     The engagement process will encompass a range of community engagement activities aimed at seeking broad community feedback and participation.  Methods will include:

6.4.1.     Engagement through the City’s online engagement portal Your Say Hobart using tools such as survey, online discussion forums or ideation

6.4.2.     ‘Listening Posts’ in strategic locations within the municipality - pop up engagement sessions in public spaces

6.4.3.     Facilitated community workshops and/or focus groups

6.4.4.     Engagement with the business community

6.4.5.     Engagement with the City’s advisory and reference groups and, where applicable, the portfolio committees to encourage a diversity of participation

6.5.     All feedback received will be analysed and the results will inform a revised Framework and Policy to be presented to Council for endorsement.

6.6.     Throughout this engagement process, the City will work with the community to incorporate their advice and recommendations to the greatest extent possible. Placing this engagement process at the Involve level on the IAP2 spectrum.

 

Project timeline

6.7.     Engagement with community is expected to take place in April-May 2023

6.8.     Following this engagement process, a revised Framework and Policy will be presented to Council for endorsement.

 

7.         Hobart: A Community Vision for Our Island Capital

7.1.     This report aligns with Pillar 8: Governance and Civic Involvement, in particular: Section 8.5 “We communicate and engage”.

7.2.     The community vision calls for governance structures that listen and act on public suggestions and know the community and how to engage, adapting communication styles to suit various stakeholders and generate general understanding

8.         Capital City Strategic Plan

8.1.     This report aligns with Pillar 8 in the Capital City Strategic Plan.

Outcome 8.4 – People are involved in civic life, and the City’s communication and engagement with communities are proactive and inclusive.

Strategy 8.4.2 – Engage with the community through a variety of engagement and communications methods, prioritising access and inclusiveness.

Strategy 8.4.3 – Embrace opportunities to incorporate participatory community engagement practices.

9.         Financial Viability

9.1.     Funding Source and Impact on Current Year Operating Result

9.1.1.     The review of the community engagement framework and policy will be funded within the current 2022-23 operating budget

10.      Communications Strategy

10.1.   A detailed communications plan will be developed to promote and encourage participation in this review process, ensuring that members of the community that want to contribute have the opportunity to do so.

11.      Innovation and Continuous Improvement

11.1.   The continuous development of the City’s community engagement practices and capacity building for staff will increase the opportunities for members of the community to participate equally socially, culturally, economically, physically and/or politically in Council decision making.

11.2.   Enhancing opportunities for community engagement, will allow the Council to be proactive rather than reactive on issues that the community feel strongly about, leading to better community outcomes.

 

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.

 

David McIver

Manager Policy Lab

Kat Panjari

Head of Intergovernmental Relations and Partnerships

 

Date:                            9 March 2023

File Reference:          F23/17337

 

 

 


Item No. 7.4

Agenda (Open Portion)

Council Meeting

Page 72

 

20/3/2023

 

 

13.      City of Hobart Procurement Strategy 2023-2027

            File Ref: F23/21576

Report of the Manager Rates, Procurement and Risk and the Director City Enablers of 9 March 2023 and attachment.

Delegation:                 Council


Item No. 7.4

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Page 78

 

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REPORT TITLE:                  City of Hobart Procurement Strategy 2023-2027

REPORT PROVIDED BY:  Manager Rates, Procurement and Risk

Director City Enablers

 

1.         Report Summary

1.1.     The purpose of this report is to present the City of Hobart Procurement Strategy 2023-2027 (Procurement Strategy) for consideration and approval.  This is the City’s second Procurement Strategy following the implementation of the inaugural City of Hobart Procurement Strategy 2018-2022.

1.2.     The community benefits arising from the Procurement Strategy are outlined in attachment A.

2.         Key Issues

2.1.     The purpose of this report is to present the new City of Hobart Procurement Strategy 2023-2027.  If approved the document will be designed and made public from the City’s website and form part of the City’s integrated planning framework as a resourcing strategy.  Progress on implementation of the strategy will be reported to the City’s Executive Leadership Team quarterly and to the community annually. 

2.2.     The new Procurement Strategy has been developed, following stakeholder consultation, workshops, research and a supplier survey undertaken in February 2022 with participation from 136 of the City’s suppliers, around a set of eight strategic objectives and goals that outline where the City needs to take its procurement activities over the period. These eight goals provide the structure and framework from which work and priorities will be planned and implemented over the next five years.

2.3.     The current post pandemic economic climate, climate risks, global and local supply chain issues bring challenges to both the public and private sectors. This means as a Council we need to use our spending power wisely and strategically to ensure that we support the economic, social and environmental needs of our community.   Procurement has a key role to play in ensuring that the Council continues to deliver high quality services to the community, supporting the local economy and providing opportunities for businesses to engage with the Council easily and intuitively.

2.4.     This Procurement Strategy will therefore have a particular focus on the following:

2.4.1.     Sustainable, responsible and social procurement; 

2.4.2.     Partnering with suppliers and enhancing supplier engagement and contract management to address supply chain issues; 

2.4.3.     Social procurement and increasing supplier diversity, employment and business opportunities for First Nations businesses with the development of a First Nations Procurement Plan; and

2.4.4.     Building upon the benefits realised for the community from the first procurement strategy, the enhancement of internal procurement capability, cost savings, a contract management framework, policy and training program, category management and strategic sourcing realising value for money outcomes, increased supplier engagement, enhanced Procure 2 Pay outcomes, economic benefits from the local preference procurement policy and more effective inventory management practices reducing the cost of inventory held.

2.5.     At its meeting on 8 March 2023, the City’s Risk and Audit Panel considered the draft City of Hobart Procurement Strategy 2023-2027 and resolved to endorse the Procurement Strategy for Council approval.

3.         Recommendations

That:

1.      The report ‘City of Hobart Procurement Strategy 2023-2027’ be received and noted.

2.      The City of Hobart Procurement Strategy 2023-2027 be approved and subject to final design, be made available from the City’s website.

3.      A performance report from implementation progress of the City of Hobart Procurement Strategy 2023-2027 be prepared annually to the community from the City’s website.

4.      A communications strategy be developed to highlight relevant parts of the strategy when implemented, including but not limited to, the development of the City’s inaugural First Nations Procurement Policy, the City’s Sustainable Procurement Policy, modern slavery policy position, unsolicited proposals approach and procurement drop-in supplier sessions.

5.      The Council note that the City’s Risk and Audit Panel has endorsed the Procurement Strategy 2023-2027 for Council approval.


 

4.         Background

4.1.     In March 2018 Council approval the inaugural City of Hobart Procurement Strategy 2018-2022 and made it available from the City’s website.  It was seen as an important resourcing strategy and part of the City’s then planning and reporting framework.

4.2.     Performance against the Procurement Strategy action plan, together with procurement statistics, have been reported to the Executive Leadership Team on a quarterly basis as of 30 September, 31 December, 31 March and 30 June since 2018.   

4.3.     In early 2022 City Procurement implemented a project to review the procurement strategy and develop a new contemporary Procurement Strategy for the next 5 years.  The project included stakeholder consultation, workshops, research and a supplier survey undertaken in February 2022 with participation from 136 of the City’s suppliers.

4.4.     The draft City of Hobart Procurement Strategy for 2023-2027 is attached – refer Attachment A.   

4.5.     The new Procurement Strategy will build upon the benefits realised for the community from the first Procurement Strategy 2018-22, which include the enhancement of internal procurement capability, cost savings, a contract management framework, policy and training program, category management and strategic sourcing realising value for money outcomes, increased supplier engagement, enhanced Procure 2 Pay outcomes, economic benefits from the local preference procurement policy and more effective inventory management practices reducing the cost of inventory held. 

4.6.     The Procurement Strategy is detailed and outlines the benefits of a strategic approach to procurement, the challenges facing the City and the issues to be address.  Given this, these points are not replicated here in this covering report.

4.7.     The Risk and Audit Panel met on 8 March 2023 and reviewed the City of Hobart Procurement Strategy 2023-2027.  The Risk and Audit Panel resolved to endorse the Procurement Strategy for Council Approval.

5.         Legal, Risk and Legislative Considerations

5.1.     A council Procurement Strategy is not required under legislation; however, it is considered best practice.  The City of Hobart is the only council in Tasmania that has a procurement strategy.

6.         Discussion

6.1.     It is proposed that Council approve the City of Hobart Procurement Strategy 2023-2027 and the strategy be finalised and implemented in accordance with the actions set out in the document. 

6.2.     It is also proposed that Council note that the Procurement Strategy was considered and endorsed for Council approval by the City’s Risk and Audit Panel at its 8 March 2023 meeting.

6.3.     The aim of the Procurement Strategy is to ensure the City’s procurement activities are compliant with the law and undertaken within the City’s policy framework, whilst realising the economic, social and environmental benefits for the City and its communities, aligning with the strategic objectives of the City of Hobart Capital City Strategic Plan 2019-2029.

6.4.     The current post pandemic economic climate, climate risks, global and local supply chain issues bring challenges to both the public and private sectors. This means as a Council we need to use our spending power wisely and strategically to ensure that we support the economic, social and environmental needs of our community.  

6.5.     Procurement has a key role to play in ensuring that the Council continues to deliver high quality services to the community, supporting the local economy and providing opportunities for businesses to engage with the Council easily and intuitively. This Procurement Strategy will therefore have a particular focus on the following:

6.5.1.     Sustainable, responsible and social procurement; 

6.5.2.     Partnering with suppliers and enhancing supplier engagement and contract management to address supply chain issues; 

6.5.3.     Social procurement and increasing supplier diversity, employment and business opportunities for First Nations businesses with the development of a First Nations Procurement Plan; and

6.5.4.     Building upon the benefits realised for the community from the first procurement strategy, the enhancement of internal procurement capability, cost savings, a contract management framework, policy and training program, category management and strategic sourcing realising value for money outcomes, increased supplier engagement, enhanced Procure 2 Pay outcomes, economic benefits from the local preference procurement policy and more effective inventory management practices reducing the cost of inventory held.

6.6.     The Procurement Strategy has been developed around a set of strategic objectives and goals that outline where the City needs to take its procurement activities over the period. These eight goals provide the structure and framework from which work and priorities will be planned and implemented over the next five years. Each of the eight goals are interrelated and is as important as the others in ensuring delivery of the procurement vision and mission.   Actions relevant to one objective may also be relevant to others.

6.7.     Each goal has been designed around a key procurement theme with actions to be undertaken to realise the goal over the period.

6.8.     Performance against the actions, together with procurement statistics will be reported to the City’s Executive Leadership Team on a quarterly basis as at 30 September, 31 December, 31 March and 30 June each year.

6.9.     Performance against the Procurement Strategy will be reported annually to the community.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     The Procurement Strategy links to the Community Vision and includes a procurement vision, outlined in attachment A.

7.2.     A strategic approach to procurement can achieve significant benefits for Council and the community.  Whilst Council’s procurement activity has been and will remain focused on obtaining goods, services and works that demonstrate best value for money and managing risk, it is also important that procurement decisions are taken in light of the broader objectives that Council is seeking to achieve. 

8.         Capital City Strategic Plan

8.1.     The Procurement Strategy supports the delivery of the strategies outlined in the City of Hobart Capital City Strategic Plan 2019-2029, as outlined in attachment A.

8.2.     As such the Procurement Strategy is considered to be a resourcing strategy and it is proposed that it is included in the City’s integrated planning framework as shown in the Procurement Strategy document.

9.         Financial Viability

9.1.     Funding Source and Impact on Current Year Operating Result

9.1.1.     There are no financial implications for the current year.  All actions outlined for 2022-23 have already been budgeted for in the 2022-23 budget estimates.

9.2.     Impact on Future Years’ Financial Result

9.2.1.     There is no impact on future years’ financial results per se as all actions proposed for future years will be included in the respective year’s budget estimates. 

9.3.     Asset Related Implications

9.3.1.     Not applicable.

10.      Sustainability Considerations

10.1.   The Procurement Strategy will have a particular focus on sustainable, responsible and social procurement.  The City realises the importance of procurement as a means of realising a sustainable and circular economy. 

10.2.   The City has embedded environmental protection and sustainable procurement principles into sourcing and has implemented the requirement to procure on a sustainable basis including end of product life considerations into relevant Request for Tender and Contracts.

10.3.   City Procurement is committed to the City of Hobart Waste Management Strategy 2015-2030 which aims to achieve zero waste to landfill by 2030. 

10.4.   While the City has embedded sustainable procurement principles into its Purchasing Policy, a key focus of the Procurement Strategy is to embed a sustainable procurement policy into all operations.  

11.      Communications Strategy

11.1.   It is proposed that a communications strategy be prepared to highlight relevant parts of the strategy when implemented including but not limited to the development of the City’s inaugural First Nations Procurement Policy, the City’s Sustainable Procurement Policy, modern slavery policy position, unsolicited proposals approach and procurement drop-in supplier sessions.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Lara MacDonell

Manager Rates, Procurement and Risk

Michael Reynolds

Director City Enablers

 

Date:                            9 March 2023

File Reference:          F23/21576

 

 

Attachment a:             Draft City of Hobart Procurement Strategy 2023-2027   


Item No. 7.4

Agenda (Open Portion)

Council Meeting - 20/3/2023

Page 84

ATTACHMENT a

 

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Item No. 8.5

Agenda (Open Portion)

Council Meeting

Page 98

 

20/3/2023

 

 

14.      Notice of Motion Response - Public Interest Register and Conflicts of Interest Advisory Panel

            File Ref: F23/9541; 16/119

Report of the Manager Legal and Governance and the Director CityEnablers of 10 March 2023.

Delegation:                 Council


Item No. 8.5

Agenda (Open Portion)

Council Meeting

Page 105

 

20/3/2023

 

 

REPORT TITLE:                  Notice of Motion Response - Public Interest Register and Conflicts of Interest Advisory Panel

REPORT PROVIDED BY:  Manager Legal and Governance

Director City Enablers

 

Report Summary

1.1.     The purpose of this report is to respond to two motions submitted by elected members recently.  These are:

Public Interest Register – Adopted by Council at its meeting of 12 December 2022

 

That a report be provided for the establishment of a compulsory public register for Elected Members Interest. Contained therein shall be:

(1)  Registration of Members’ interests

That—

(a) within 28 days of election to the Hobart City Council, Elected Members shall provide to the CEO or delegated officer, a statement of—

(i) the Elected Member’s registrable interests,

(ii) the registrable interests of which the Elected Member is aware of their spouse/partner,

 

(2)  Registrable interests:

That the statement of an Elected Member’s registrable interests to be provided by an Elected Member shall include the registrable interests of which the Elected Member is aware and shall cover the following matters:

(a) shareholdings in public and private companies indicating the name of the company or companies;

(b) business trusts and nominee companies;

(c) real estate, including the location (suburb or area only) and the purpose for which it is owned, in the state of Tasmania, excluding the Elected Member’s primary residence;

(d) registered directorships of companies;

(e) liabilities indicating the nature of the liability and the creditor concerned;

(f) the nature of any other substantial sources of income;

(g) any sponsored travel or hospitality received where the value of the sponsored travel or hospitality exceeds $300;

(h) membership of any organisation, including community groups and sporting organisations, where a conflict of interest with an Elected Member’s public duties could foreseeably arise or be seen to arise;

(i) any other interests where a conflict of interest with an Elected Member’s public duties could foreseeably arise or be seen to arise; and

(j) any election campaign donation

(3)  The Registrar of elected Members’ Interests be—

(a) Published online always and made accessible to the public on request in other forms,

(b) Advertised to the public through multiple mediums once every calendar year with the timing of advertising at the discretion of the Chief Executive Officer but not within 3 months preceding an election,

(c) As soon as possible, but not exceeding 28 days, after an Elected Member obtains a new registerable interest that interest will be registered with the office of The Chief Executive or delegated officer,

 

(4)  An Elected Member may be reported to The Director of Local Government if the Elected Member:

(a) knowingly fails to provide a statement of registrable interests to the Registrar of Members’ Interests by the due date;

(b) knowingly fails to notify any alteration of those interests to the Registrar of Members’ Interests within 28 days of the change occurring, or

(c) knowingly provides false or misleading information to the Registrar of Members’ Interests.

(5)     That the initial Register be established by 1 March 2023.

Conflicts of Interest Advisory Panel – Adopted by Council at its meeting of 29 August 2022

That Council officers prepare a report into the formation of a Conflict of Interest Advisory function (CoIAF).

1.2.     This report outlines the situation as it applies to other jurisdictions and recommends an approach to be adopted by the Council.

2.         Key Issues

2.1.     The Council needs to consider whether it wishes to adopt a policy in relation to the proactive disclosure of personal interests over and above the process that is legislated in Tasmania.

2.2.     This would take the form of a policy rather than being a legislative requirement, which is the case in other jurisdictions considered.

2.3.     Proposed policy principles have been suggested based on the original intent of the motion along with research undertaken into other jurisdictions.  Balance has been achieved to ensure that implementation of the policy is understood and clear for elected members, staff and the community.

2.4.     Should Council resolve to establish the policy principles, these will be consolidated into a formal policy by the CEO and commence on 30 April.

2.5.     It is considered unnecessary for the Council to establish a formal Conflict of Interest Advisory Panel as sufficient mechanisms already exist to achieve the same end.

3.         Recommendation

That:

1.      The Council resolve to establish a Public Interest Register Policy including the principles outlined in this report.

2.      The Chief Executive Officer be authorised to develop the principles into a formal policy of the Council.

3.      The Policy provisions commence from 30 April 2023 and communication occur with elected members in relation to the practical steps required by them through the elected member bulletin in advance of the Policy’s commencement.

 

4.         Background

Public Interests Register

4.1.     At its meeting of 12 December 2022, the Council considered a notice of motion submitted by Cr Posselt as outlined above.  It resolved to seek a report on the establishment of a public interest register to be completed by elected members following election to the Council.  It also outlined a possible policy that could be adopted by the Council.

4.2.     After considering the situation in other jurisdictions, it became apparent that in most other jurisdictions such a register is mandated through legislation.  That is not the case in Tasmania.

4.3.     As advised in the administration response to the notice of motion on 12 December 2022, part 5 of the Local Government Act 1993 (the Act) deals with pecuniary interests.  Section 48 of the Act requires elected members to declare any interest that the elected member has in a matter before any discussion on that matter commences and it prohibits the participation by an elected member at any meeting, in any discussion or vote on a matter if the elected member has an interest or is aware or ought to be aware that a close associate has an interest.

4.4.     Additionally, Part 2 of the City of Hobart’s Elected Member Code of Conduct deals with conflicts of interest which are not pecuniary.

4.5.     The motion proposes an approach which is in excess to the existing legislative requirements in Tasmania.  There is no legal barrier to adopting such an approach, however it would not remove or replace the legislative requirements, and these would continue to operate in conjunction with the proposed approach.

4.6.     Having considered the approach in other jurisdictions it would seem sensible and good governance for the Council to adopt such a policy in order to lead the way in relation to the disclosure of interests.  This would also be appropriate given the current Future of Local Government Review currently underway.

4.7.     This approach would also be consistent with the approach at the State Government level.

Conflict of Interest Advisory Panel

4.8.     At its meeting of 29 August 2022, the Council resolved that officers prepare a report into the formation of a conflict of interest advisory function.

4.9.     While it is often difficult and challenging for elected members to determine whether they have a pecuniary or non-pecuniary conflict of interest in a particular matter given the current legal position in Tasmania, it is not considered necessary to establish an advisory panel for that purpose.

4.10.   As has been demonstrated beginning with the induction process for elected members following the local government elections and continuing, should elected members have any concerns or questions with respect to potential conflicts of interest the organisation is able to facilitate, and guide elected members in making that determination.

4.11.   As always, it remains a matter for each individual elected member to determine in the circumstances whether they have a pecuniary or non-pecuniary conflict of interest, however the organisation can assist elected members to make that assessment.  This is an arrangement that can continue without establishing an advisory panel as proposed by the Notice of Motion in August 2022.

5.         Legal, Risk and Legislative Considerations

5.1.     These have been addressed in the body of this report.

 

6.         Discussion

6.1.     It is proposed that the Council adopt a policy to establish a public interest register.  The policy would provide for the information below, which is based on the information provided in the original notice of motion, along with research of other jurisdictions and considerations raised by the Council during the debate of the original notice of motion.  The intent of the motion has been balanced with the practicalities of disclosing the information and the certainty required in defining the nature of the interests.

6.2.     Should the policy principles below be adopted these would be codified into a formal policy of the Council by the CEO with the authority of the Council.

Proposed Policy Principles

(1)  Disclosure of Elected Members’ interests

That within 28 days of election to the Hobart City Council, Elected Members will provide to the CEO or delegated officer, a statement of—

(a) the Elected Member’s interests, and

(b) the interests of which the Elected Member is aware of their spouse/partner.

(2)  Interests:

The statement of an Elected Member’s interests to be provided by an Elected Member shall include the interests of which the Elected Member is aware and include the following matters:

(a) shareholdings in public and private companies where the combined total value of the shares is more than $10,000, indicating the name of the company or companies;

(b) trusts that the elected member is a trustee or a beneficiary of;

(c) land the elected member owns or has a beneficial interest in within municipal area of Hobart, excluding the elected member’s primary residence;

(d) registered directorships of companies;

(e) personal debt over $10,000 (excluding financial institutions)

(f) Any paid employment in the preceding 6 months where the income exceeds $10,000 in that period;

(g) any sponsored travel or hospitality received where the value of the sponsored travel or hospitality exceeds $300;

(h) unincorporated associations in which the elected member is a member and performs a leadership role

(i) any other interests where a conflict of interest with an Elected Member’s public duties could foreseeably arise or be seen to arise; and

(j) any election campaign donation

 

(3)  The Register of elected members’ interests be—

(a) Published online always and made accessible to the public on request in other forms;

(b) As soon as possible, but not exceeding 28 days, after an Elected Member obtains a new interest that interest will be registered with the Office of the Chief Executive or delegated officer.

(4)  An Elected Member may be reported to the Director of Local Government if the Elected Member:

(a) knowingly fails to provide a statement of interests to in accordance with this Policy;

(b) knowingly fails to notify any alteration of those interests to the Register of Elected Members’ Interests within 28 days of the change occurring, or

(c) knowingly provides false or misleading information.

 

6.3.     Should Council resolve to adopt the policy it would commence from 30 April 2023 and communication in advance of that date would occur through the elected members’ Bulletin.  An appropriate template form will be provided for the ease of elected members.

6.4.     It is proposed that the Council does not establish a Conflict of Interest Advisory Panel and that current arrangements to assist elected members in making a determination regarding conflicts of interest continue.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     This report aligns with Pillar 8: Governance and Civic Involvement of Hobart: a community vision for our island capital, in particular section 8.1 “We are strong in your ethics”.

8.         Capital City Strategic Plan

8.1.     The proposed policy aligns with the following strategies in the Capital City Strategic Plan:

8.1.1 Practise integrity, accountability, strong ethics and transparency in the City’s governance, policymaking and operations.

8.1.2 Practise and communicate good city governance and decision-making.

8.3.3 Support the elected representatives to undertake their role.

9.         Regional, State and National Plans and Policies

9.1.     While no legislative requirement exists for the adoption of a practice proposed in this report, it is consistent with the legislative approach in several other jurisdictions at all three levels of government.

9.2.     It is therefore considered to be good governance and a demonstration of leadership to adopt an approach in addition to the current legislative requirements in Tasmania.

10.      Financial Viability

10.1.   Funding Source and Impact on Current Year Operating Result

10.1.1.  It is considered that there would be minimal impact on the current year’s operating result.  The impact will be limited to the administration, coordination and publication of a register and provided that elected members are diligent in meeting their obligations under the policy this impact will be minimal.

10.2.   Impact on Future Years’ Financial Result

10.2.1.  It is considered that there is limited impact on future years’ financial result.

10.3.   Asset Related Implications

10.3.1.  There are no asset related implications.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Paul Jackson

Manager Legal and Governance

Michael Reynolds

Director City Enablers

 

Date:                            10 March 2023

File Reference:          F23/9541; 16/119

 

 

 


Item No. 9.6

Agenda (Open Portion)

Council Meeting

Page 106

 

20/3/2023

 

 

15.      Notice of Motion Response - Property Developer Contact Register

            File Ref: F23/10405; 16/119

Report of the Manager Legal and Governance and the Director City Enablers of 10 March 2023.

Delegation:                 Council


Item No. 9.6

Agenda (Open Portion)

Council Meeting

Page 112

 

20/3/2023

 

 

REPORT TITLE:                  Notice of Motion Response - Property Developer Contact Register

REPORT PROVIDED BY:  Manager Legal and Governance

Director City Enablers

 

1.         Report Summary

1.1.     The purpose of this report is to respond to a Notice of Motion submitted by Cr Posselt and adopted by the Council at its meeting of 12 December 2022.  The Motion requires the Council to consider whether it wishes to establish a register of elected members’ communication with property developers.

1.2.     This follows a previous Notice of Motion submitted by Cr Harvey in 2020 of a similar nature.

2.         Key Issues

2.1.     A number of other councils have policies requiring the disclosure of certain types of contact by property developers by elected members.  It is also a requirement at other levels of government.

2.2.     Consideration has been given to other policy examples and a proposed approach to a policy for the City of Hobart developed in this report.

2.3.     Key considerations have been around the type of contact that ought to be required to be disclosed and also the how to define and categorise who a developer is.  These are outlined in the report below.

3.         Recommendation

That:

1.      The Council resolved to establish a Property Developer Contact Register Policy including the principles outlined in this report.

2.      The Chief Executive Officer be authorised to develop the principles into a formal policy of the Council.

3.      The Policy provisions commence from 30 April 2023 and communication occur with elected members in relation to the practical steps required by them through the elected member bulletin in advance of the Policy’s commencement.

4.      Appropriate communication occur with persons whose contact with elected members may be the subject of the Policy.

 

 

4.         Background

4.1.     At its meeting of 12 December 2022, the Council resolved that:

(1)  Council agrees to establish a register of elected members’ communication with property developers. 

(2)  Elected members will report their contact with property developers on a monthly basis to a council officer as delegated by the Chief Executive Officer and will include:

(a)  if there has been any contact with a property developer;

(b)  who the contact was with;

(c)   when the contact occurred;

(d)  the type of contact (eg. text, email, phone call, in person etc);

(e)  any specific development/property discussed and the nature of that discussion; and                                                                               

(f)    Elected member response.

(3)  The Register be:

(a)  published online always and made accessible to the public on request in other forms,

(b)  advertised to the public through multiple mediums once every calendar year with the timing of advertising at the discretion of the Chief Executive Officer but not within 3 months preceding an election,

(4)  That further detailed arrangements in establishing and administering the register be delegated to the Chief Executive Officer.

(5)          That the Register be established by 1 March 2023.

4.2.     In 2020, the Council adopted a Notice of Motion in similar terms.  It stated that Council Officers prepare a report on the development of a council policy, in line with State Government policy, regarding the process for the registration of lobbyists and developers.

4.3.     The report was provided in February 2021 and Council then resolved that:

1.    The Council endorse a holistic statewide approach to the registration of lobbyists and developer contact.

2.    The Council write to the Minister for Local Government in regard to developing a statewide legislative approach for the registration of local government lobbyists and developers for elected members during the consultation process for the Draft Local Government Bill.

3.    A report be provided to the Council on the outcome, at the appropriate time.

4.4.     The Lord Mayor wrote to the Minister in accordance with the Council’s resolution and the Minister’s response was that it was a matter for each individual Council to consider the adoption of a policy on the matter.  This correspondence was circulated via the Hub at the time.

4.5.     This report will also serve to address Part 3 of the Council’s resolution from February 2021.

4.6.     There is currently no legislative or policy requirement for elected members to declare contact or communication that is had with property developers.  However, there are requirements should that contact extend to being a pecuniary or non-pecuniary conflict of interest.

4.7.     The approach identified in the motion would require the adoption of a policy.

5.         Legal, Risk and Legislative Considerations

5.1.     These are addressed in the body of this report.

6.         Discussion

6.1.     A number of examples of similar policies in other jurisdictions have been reviewed.  These all accord with the general intent of the motion.

6.2.     As identified in the administration response to the original notice of motion, the two key issues to resolve is how to define and categorise who would be a ‘property developer’ and what type of contact ought to be captured through the register.

6.3.     Other policies reviewed require elected members to disclose only what is termed as ‘prescribed contact’.  This is where the contact relates specifically to a particular application or proposal – even it is in a preliminary stage.  It does not require the disclosure of exempt contact which is generally in public forums or through engaging with the Council’s administration.

6.4.     It also provides that if all elected members are included in correspondence requiring disclosure under the policy then the office of the Lord Mayor would facilitate the registration of that contact.

6.5.     Based on the above analysis, it is proposed that the following definitions are applied and that only ‘prescribed contact’ be the subject of disclosure under the policy:

Developermeans an individual, body corporate or company engaged in a business that:

a)   regularly involves the making of relevant planning applications in connection with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit; and

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

 

Contact – means any communication or conversation between a Council Member and Developer, regardless of whether it is foreseen, planned, solicited or reciprocated, and includes but is not limited to the following methods of communication – telephone, electronic mail (e-mail), short message service (SMS), multimedia messaging service (MMS), facsimile, web-based networking platform, written mail, face to face and the like.

 

Prescribed Contact means any contact relating to a planning or development proposal, including proposals in a preliminary stage, for which the developer is a proponent, excluding any exempt contact.

 

Exempt Contact means any contact which:

a)   is in the form of a public statement made at a Council Forum, Council Briefing or Council Meeting; or

b)   does not involve the Council Member engaging in any discussion or communication with the developer on the planning or development proposal unless routine information only is conveyed.

 

Routine Information means advising a Developer where to access information on the planning or development process or to contact the City of Hobart administration or State Government regarding their

planning or development proposal.

6.6.     The policy would therefore operate as follows:

(1)  Elected members will report their prescribed contact with property developers on a monthly basis to a council officer as delegated by the Chief Executive Officer and will include:

(a)  who the contact was with;

(b)  when the contact occurred;

(c)   the type of contact (eg. text, email, phone call, in person etc);

(d)  any specific development/property discussed and the nature of that discussion; and                                                                               

(e)  Elected member response.

(2)  The Register be:

(a)  published online always and made accessible to the public on request in other forms,

 

6.7.     It is proposed that the Council adopt a policy to require the disclosure of contact with property developers.  The policy would include the principles outlined above.  It is proposed to commence from 30 April 2023 so that sufficient lead-time can occur.

6.8.     It is also proposed that the CEO be authorised to develop a formal policy of the Council consistent with the principles outlined in this report.

6.9.     Given that the policy impacts certain sections of the community and the consequences of their interaction with elected members, it is considered necessary to develop appropriate communications around the commencement of this policy.  This can also assist elected members with any dealings that they may have with property developers.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     This report aligns with Pillar 8: Governance and Civic Involvement of Hobart: a community vision for our island capital, in particular section 8.1 “We are strong in your ethics”.

8.         Capital City Strategic Plan

8.1.     The proposed policy aligns with the following strategies in the Capital City Strategic Plan:

8.1.1 Practise integrity, accountability, strong ethics and transparency in the City’s governance, policymaking and operations.

8.1.2 Practise and communicate good city governance and decision-making.

8.3.3 Support the elected representatives to undertake their role.

9.         Regional, State and National Plans and Policies

9.1.     While no legislative requirement exists for the adoption of a practice proposed in this report, it is consistent with the legislative approach in a number of other jurisdictions at all three levels of government.

9.2.     It is therefore considered to be good governance and a demonstration of leadership to adopt an approach in addition to the current legislative requirements in Tasmania.

10.      Financial Viability

10.1.   Funding Source and Impact on Current Year Operating Result

10.1.1.  It is considered that there would be minimal impact on the current year’s operating result.  The impact will be limited to the administration, coordination and publication of a register and provided that elected members are diligent in meeting their obligations under the policy this impact will be minimal.

10.2.   Impact on Future Years’ Financial Result

10.2.1.  It is considered that there is limited impact on future years’ financial result.

10.3.   Asset Related Implications

10.3.1.  There are no asset related implications.

11.      Communications Strategy

11.1.   Should the Council resolve to establish a register of contact with property developer, the development of appropriate communications will be required.  This has not been developed at this point pending the outcome of the Council’s consideration in this matter.

11.2.   Communications on this matter will be required so that any persons whose interaction with elected members would be caught by this policy ought to be aware of that fact before they make contact with elected members.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Paul Jackson

Manager Legal and Governance

Michael Reynolds

Director City Enablers

 

Date:                            10 March 2023

File Reference:          F23/10405; 16/119

 

 

 


Item No. 10.7

Agenda (Open Portion)

Council Meeting

Page 113

 

20/3/2023

 

 

16.      Draft New Policy - City of Hobart Flag Management Policy

            File Ref: F23/19765; 23/7

Report of the Director City Futures of 6 March 2023 and attachment.

Delegation:                 Council


Item No. 10.7

Agenda (Open Portion)

Council Meeting

Page 115

 

20/3/2023

 

 

 

 

Memorandum: Council

 

Draft New Policy - City of Hobart Flag Management Policy

 

The purpose of this memorandum is to present to the Council a new draft policy titled, Flag Management Policy.

 

The Policy’s purpose is to establish guidelines for the flying of flags at Council’s flagpole sites, to ensures that Council complies with relevant flag protocols and to establish a procedure to consider requests for flying flags of significance to the Hobart community.

 

In June 2019, the Council resolved to utilise a row of up to six of the existing flagpole holes on the Town Hall Forecourt to enable a coordinated display of flags.  This increased capacity has allowed Council to fly a range of flags simultaneously, whilst complying with the Australian flag protocols.

 

To inform and guide the Council on the protocols for flying the Australian National Flag and other flags, and to assist officers in managing requests for the display of flags, the attached policy has been prepared (refer Attachment A).

 

It is proposed that the Flag Management Policy will complement a Town Hall Venue Management Policy, that is currently under development, to come before the Council for consideration in the coming months.

 

REcommendation

That the Council adopt the policy titled “Flag Management Policy” included as Attachment A to this report.

 

 

 

 

 

 

 

 

 

 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Katy Cooper

Director City Futures

 

 

Date:                            6 March 2023

File Reference:          F23/19765; 23/7

 

 

Attachment a:             Draft Flag Management Policy   


Item No. 10.7

Agenda (Open Portion)

Council Meeting - 20/3/2023

Page 120

ATTACHMENT a

 

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Item No. 11.8

Agenda (Open Portion)

Council Meeting

Page 121

 

20/3/2023

 

 

17.      Memorial Plaque Proposed for Napoleon Street Park

            File Ref: F23/8298; 2018-0004

Report of the Park Planner and the Director City Life of 15 March 2023 and attachments.

Delegation:                 Council


Item No. 11.8

Agenda (Open Portion)

Council Meeting

Page 128

 

20/3/2023

 

 

REPORT TITLE:                  Memorial plaque proposed for Napoleon Street Park

REPORT PROVIDED BY:  Park Planner

Director City Life

 

1.         Report Summary

1.1.     Purpose

1.1.1.     The purpose of this report is to present a request to install a memorial plaque in Napoleon Street Park, in memory of Bill and Shirley Foster. The application has been submitted by their daughter Jayne Foster. 

1.1.2.     The memorial plaque will benefit the community by contributing to Battery Point’s sense of place, whilst commemorating Bill and Shirley’s contributions to the history and social landscape of Battery Point.  

2.         Key Issues

2.1.     As per clause 1 (ii) of the ‘Donation of Park Furniture and Equipment, Memorial Plaques and Tree Plantings in Parks, Bushland and Reserves’ policy, plaques are only to be installed to commemorate historically important national or state events, or people who have made a significant contribution to the social, political and cultural life of Hobart, subject to the approval of the Parks and Recreation Committee. (Noting that the Committee no longer exists.)

2.2.     Bill Foster has been a life-long resident of Battery Point, residing in the suburb for 90 years. Bill grew up in Battery Point and trained as an apprentice boat builder under his uncle Jock Muir at the Battery Point slipyard. He helped build and then sailed on the Westward, winning the Sydney to Hobart Yacht Race in 1947. In his later years, Bill was awarded an OAM and World Ship Trust medal for his work in wooden boat preservation. He published his life story in 2022, titled A Battery Point Kid.

2.3.     Bill and Shirley lived together at no. 6 St Georges Terrace for 60 years. They were both active members of the Battery Point community. Shirley was on the Parents and Friends Association of Albuera Street Primary School whilst her five children attended. Throughout the 1990s, Bill and Shirley volunteered for the National Trust, who would provide guided walking tours of the area. Shirley cooked scones and served the morning tea while Bill was a guide.

2.4.     Shirley passed away in 2022 and Bill earlier this year. The proposed memorial plaque would be to commemorate both of their lives and their significant contributions to the Battery Point community. 

2.5.     Plaque details:

2.5.1.     The plaque will be of standard size (150mm x 100mm), to be placed on an existing park bench at Napoleon Street Park (Park Asset: Seating 7791). The plaque will be made out of metal.

2.5.2.     The plaque would be affixed to an existing seat in the park, shown below.

2.5.3.     The final format and wording of the plaque is to be approved by the Director City Life. The proposed wording of the memorial plaque is as follows:

In Loving Memory of

Bill and Shirley Foster

A Battery Point Kid and A Penguin Girl

3.         Recommendation

That Council approves the installation of a memorial plaque dedicated to Shirley and Bill Foster, to be attached to a seat within Napoleon Street Park.

 

 

4.         Background

4.1.     A site visit was undertaken with the applicant Jayne Foster and City officers from Parks & Reserves and Open Space Planning units. An existing bench within Napoleon Street Park was deemed appropriate for the placement of the plaque, given the excellent views it affords and its prominence in the park.

4.2.     Three letters of support for the plaque are attached as ATTACHMENT A, ATTACHMENT B and ATTACHMENT C.

Figure 1 Location of proposed memorial plaque

 

Figure 2 existing bench seat location

Figure 3 bench seat for the plaque

Figure 4 view from the bench seat.

5.         Legal, Risk and Legislative Considerations

5.1.     Council Policy

5.1.1.     This proposal is subject to the City of Hobart’s ‘Donation of Park Furniture and Equipment, Memorial Plaques and Tree Plantings in Parks, Bushland and Reserves’ policy. The proposal fits with the policy.

5.2.     There is minimal risk to the Council associated with this proposal. 

6.         Discussion

6.1.     This is an opportunity for the City to promote and encourage remembrance of two significant characters in the story of Battery Point.

7.         Hobart: A Community Vision for Our Island Capital

7.1.     Identity statement 2: Where we come from.  

7.1.1.     Through recognising those that hold strong historical attachments and that have made significant contributions to the City of Hobart, the memorial plaque will align with identity statement 2.1: We are proud of our history, lineage and ancestry. 

7.2.     Pillar 1: Sense of Place.

7.2.1.     Through materialising Bill and Shirley’s connection to Battery Point, the memorial plaque will align with pillar 1.2.1: Our personal histories and experiences, our stories, histories and myths and the values and beliefs we share bind us to this place.

8.         Capital City Strategic Plan

8.1.     Pillar 1: Sense of Place

8.1.1.     The memorial plaque will contribute to strategy 1.1.2: Create opportunities for people to connect to place, supporting spiritual and cultural customs and practices.

8.1.2.     The memorial plaque will contribute to strategy 1.2.4: Celebrate and highlight the uniqueness of Hobart’s character and heritage.

9.         Regional, State and National Plans and Policies

9.1.     The proposed memorial plaque will not impact upon regional, state or national issues.

10.      Financial Viability

10.1.   Funding Source and Impact on Current Year Operating Result

10.1.1.  As per clause 1(i) the ‘Donation of Park Furniture and Equipment, Memorial Plaques and Tree Plantings in Parks, Bushland and Reserves’ policy, the installation of plaques in suitable areas is to be permitted on the basis that all costs are met by the applicant.

10.1.2.  As costs will be met by the applicant, there will be no impact on current year operating result.

10.2.   Impact on Future Years’ Financial Result

10.2.1.  As costs will be met by the applicant, there will be no impact on future years’ financial result.

10.3.   Asset Related Implications

10.3.1.  There will be no asset related implications.

11.      Sustainability Considerations

11.1.   Sustainability

11.1.1.  The proposed memorial plaque will have negligible impacts on the environment.

12.      Community Engagement

12.1.   According to the relevant policy, an application for a plaque must be supported by a minimum of three third parties, one of which must be a community group. This proposed memorial plaque holds the support of:  

12.1.1.1.    The Battery Point Community Association; 

12.1.1.2.    John Muir, owner and social historian of the Battery Point slip yards; and

12.1.1.3.    Andrew Edwards, neighbour and friend.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

Christine Corbett

Park Planner

Neil Noye

Director City Life

 

Date:                            15 March 2023

File Reference:          F23/8298; 2018-0004

 

 

Attachment a:             Letter of support - Andrew Edwards

Attachment b:             Letter of support - Battery Point Community Association

Attachment c:            Letter of support - Vanessa Hollister   


Item No. 11.8

Agenda (Open Portion)

Council Meeting - 20/3/2023

Page 129

ATTACHMENT a

 


Item No. 11.8

Agenda (Open Portion)

Council Meeting - 20/3/2023

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ATTACHMENT b

 

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Item No. 11.8

Agenda (Open Portion)

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ATTACHMENT c

 

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Item No. 12.9

Agenda (Open Portion)

Council Meeting

Page 132

 

20/3/2023

 

 

18.      Australian Local Government Association - Call for Motions

            File Ref: F23/22393

Report of the Climate Futures Lead of 10 March 2023 and attachment.

Delegation:                 Council


Item No. 12.9

Agenda (Open Portion)

Council Meeting

Page 137

 

20/3/2023

 

 

REPORT TITLE:                  Australian Local Government Association - Call for Motions

REPORT PROVIDED BY:  Climate Futures Lead

 

1.         Report Summary

1.1.     The Australian Local Government Association’s (ALGA) National General Assembly (NGA) is scheduled to be held in Canberra between 13 to 16 June 2023.

1.2.     ALGA is now calling for Notices of Motion for the NGA due on 24 March 2023.

1.3.     The theme for the 2023 NGA is ‘Our Communities, Our Future’.

1.4.     In considering the request for motions, it is suggested that a motion be submitted to ALGA for debate at the National General Assembly that calls upon the Australian Government to develop a National Heritage Design Guide to support local governments to encourage conservation for the reuse and repurpose of heritage buildings for commercial and residential use, to adapt to a changing climate, and to be more sustainable and future-ready.

2.         Recommendation

That the Council submit the following motion to the Australian Local Government Association’s National General Assembly:

The National General Assembly calls upon the Australian Government to develop a National Heritage Design Guide to support local governments to encourage conservation for the reuse and repurpose of heritage buildings for commercial and residential use, to adapt to a changing climate, and to be more sustainable and future-ready.


 

3.         Background

3.1.     The Australian Local Government Association’s (ALGA) National General Assembly (NGA) is scheduled to be held in Canberra between 13 to 16 June 2023.

3.2.     ALGA is now calling for Notices of Motion for the NGA due on 24 March 2023.

3.3.     The theme for the 2023 NGA is ‘Our Communities, Our Future’. This theme acknowledges the need to come together with other partners, including the Australian Government, to deliver for the community now and in preparedness for the future. To help inform the submission of motions, a discussion paper has been prepared and is attached.

3.4.     For motions to be eligible for inclusion they must:

·    Be relevant to the work of local government nationally.

·    Not be focused on a specific jurisdiction, location or region – unless the project or issue has national implications.

·    Be consistent with the themes of the NGA.

·    Complement or build on the policy objectives of ALGA and your state or territory local government association.

·    Be submitted by a council which is a financial member of their state or territory local government association.

·    Propose a clear action and outcome ie call on the Australian Government to act on something.

·    Not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members, or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

·    Address issues that will directly improve the capacity of local government to deliver services and infrastructure for the benefit of all Australian communities.

·    Not seek to advance an outcome that would result in a benefit to one group of councils to the detriment of another.

·    Be supported by sufficient evidence to support the outcome being sought and demonstrate the relevance and significance of the matter to local government nationally.

3.5.     In considering the request for motions, it is suggested that the following be submitted to ALGA for debate at the NGA:

The National General Assembly calls upon the Australian Government to develop a National Heritage Design Guide to support local governments to encourage conservation for the reuse and repurpose of heritage buildings for commercial and residential use, to adapt to a changing climate, and to be more sustainable and future-ready.

3.6.     Heritage buildings are a crucial part of Australia's history, culture, and identity. They offer unique architectural, historical, and cultural values that provide a sense of place and community identity. However, many of these buildings are underutilised or left abandoned, which poses a significant threat to their preservation and conservation. Additionally, the changing climate and environmental challenges require innovative and sustainable approaches to address their impacts on the built environment.

3.7.     The Australian government recognises the importance of preserving heritage buildings and has established policies and regulations to ensure their protection. However, there is a need for further action to encourage the adaptive reuse and repurpose of heritage buildings, particularly for commercial and residential use, in a sustainable and future-ready manner. This can build on existing policy such as the Burra Charter (1979).

3.8.     To address this issue, we propose a motion calling upon the Australian government to develop a National Heritage Design Guide to support local governments in encouraging the reuse and repurpose of heritage buildings for commercial and residential use. The guide would provide best practice guidelines and standards for the adaptive reuse and repurpose of heritage buildings to make them more sustainable, resilient, and future-ready.

3.9.     The National Heritage Design Guide would offer guidance on how to adapt heritage buildings to changing climate conditions, incorporate renewable energy sources, improve energy efficiency, and enhance the building's environmental performance. The guide would also provide recommendations on how to create liveable, healthy, and sustainable spaces that meet modern needs and standards.

3.10.   The proposed National Heritage Design Guide would be an important tool for local governments to facilitate the adaptive reuse and repurpose of heritage buildings, ensuring their long-term sustainability, preservation, and conservation. Additionally, the guide would promote sustainable development practices and encourage the use of existing buildings rather than new construction, thereby reducing the environmental impact of new developments. It could also contribute to the work of existing institutions such as the Australian Heritage Council, the National Trust of Australia and Federal Government climate change legislative commitments.

3.11.   In conclusion, the proposed ALGA motion is an essential step towards preserving Australia's heritage buildings while also addressing the challenges of the changing climate and sustainability. By developing a National Heritage Design Guide, the Australian government can support local governments to repurpose and reuse heritage buildings in a sustainable and future-ready manner, ensuring their long-term preservation and conservation.

4.         Hobart: A Community Vision for Our Island Capital

4.1.     The following Pillars in Hobart:  A Community Vision for our Island Capital are applicable to the proposed ALGA motion:

We embrace our city’s unique beauty and wonder (1.3).

Our civic and heritage spaces support our creativity (3.5).

5.         Capital City Strategic Plan

5.1.     A submission to the ALGA NGA provides an opportunity to influence government policy in the areas of particular interest to the City of Hobart.

5.2.     The Capital City Strategic Plan 2019-2029 places a strong emphasis on the importance of heritage to the City, including in the following Strategic Plan Outcomes:

Hobart’s cityscape reflects the heritage, culture and natural environment that make it special (Outcome 1.2).

Civic and heritage spaces support creativity, resulting in a vibrant public realm (Outcome 3.4).

Hobart is responsive and resilient to climate change and natural disasters (Outcome 6.4).

Development enhances Hobart’s unique identity, human scale and built heritage (Outcome 7.2).

Community involvement and an understanding of future needs hep guide changes to Hobart’s built environment (Outcome 7.4).

6.         Financial Viability

6.1.     Funding Source and Impact on Current Year Operating Result

6.1.1.     Nil.

6.2.     Impact on Future Years’ Financial Result

6.2.1.     Nil.

6.3.     Asset Related Implications

6.3.1.     Nil.

7.         Sustainability Considerations

7.1.     The application of the National Heritage Design Guidelines will encourage conservation for the reuse and repurpose of heritage buildings for commercial and residential use, to adapt to a changing climate, and to be more sustainable and future-ready.

 

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.

 

Jessica Robbins

Climate Futures Lead

 

 

Date:                            10 March 2023

File Reference:          F23/22393

 

 

Attachment a:             2023 ALGA Discussion Paper   


Item No. 12.9

Agenda (Open Portion)

Council Meeting - 20/3/2023

Page 157

ATTACHMENT a

 

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Item No. 13.10

Agenda (Open Portion)

Council Meeting

Page 158

 

20/3/2023

 

 

19.      Appointment Municipal Emergency Management Coordinator and Deputy Coordinator

            File Ref: F23/19632

Report of the Manager City Infrastructure and the Director City Life of 28 February 2023.

Delegation:                 Council


Item No. 13.10

Agenda (Open Portion)

Council Meeting

Page 161

 

20/3/2023

 

 

REPORT TITLE:                  Appointment Municipal Emergency Management Coordinator and Deputy Coordinator

REPORT PROVIDED BY:  Manager City Infrastructure

Director City Life

 

1.         Report Summary

1.1.     The purpose of this report is to seek the Council’s endorsement of a new Municipal Emergency Management Coordinator following the creation of a senior role that includes Emergency Management as a core duty.

2.         Recommendation

That:

1.      The nomination of Mr Christopher Kuchinke as the Municipal Emergency Management Coordinator for the City of Hobart be endorsed.

2.      The nomination of Mr Geoffrey Lang as the Deputy Municipal Emergency Management Coordinator for the City of Hobart be endorsed.

3.      The Director State Emergency Service and the State Emergency Management Controller be so advised.


 

3.         Background

3.1.     The Municipal Emergency Management Coordinator is a statutory position pursuant to the provisions of the Emergency Management Act 2006 (“the Act”).

3.2.     Section 23 of the Act states

 (1)  The Minister is to appoint a Municipal Emergency Management Coordinator and a Deputy Municipal Emergency Management Coordinator for each municipal area.

(2)  The Minister is to appoint as Municipal Emergency Management Coordinator, or Deputy Municipal Emergency Management Coordinator, for a municipal area a person nominated by the council in that municipal area.

3.3.     Essentially the Act specifies that the Municipal Coordinator position is a person:

3.3.1.     Nominated by the Council;

3.3.2.     Appointed by the Minister;

3.3.3.     Appointed for the period and on the terms and conditions, specified in the instrument of appointment; and

3.3.4.     Once appointed would have the authority to make decisions relating to the coordination of emergency management in the municipal area during an emergency without first seeking the approval of the Council.

3.4.     The Municipal Coordinator plays a key role during an emergency.  That person coordinates the Council’s response to an emergency acts as the Incident Controller.

3.5.     It is proposed that Mr Christopher Kuchinke be nominated as the Municipal Coordinator.

3.6.     Mr Kuchinke has recently been appointed as the Manager City Resilience. This is a new role created during the recent organisational transformation.  The position includes responsibility for waste management, climate change resilience and emergency management.

3.7.     Mu Kuchinke has extensive experience relating to emergency management including acting as the Incident Controller during significant emergency events.

3.8.     The current Municipal Coordinator, Mr Geoffrey Lang has served in this capacity for the last seven years.  Given his experience in the role, it would be beneficial for Mr Lang to be appointed as the Deputy Coordinator.

3.9.     Mr Lang is the manager of the Civil Infrastructure Unit which includes the majority of the City’s external workforce.  This positions him well to act in this role and assist the Municipal Coordinator during an emergency event.

4.         Legal, Risk and Legislative Considerations

4.1.     Pursuant to Section 23 of the Act, the Council is required to appoint an Emergency Management Coordinator.

4.2.     This appointment is essential to mitigate risks to Council during an emergency event.

5.         Capital City Strategic Plan

5.1.     This proposal complements Object 6.4 of the Capital City Strategic Plan 2019-2029

5.1.1.     Hobart is responsive and resilient to climate change and natural disasters.

6.         Financial Viability

6.1.     Funding Source and Impact on Current Year Operating Result

6.1.1.     Nil

6.2.     Impact on Future Years’ Financial Result

6.2.1.     Nil

6.3.     Asset Related Implications

6.3.1.     Nil

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Geoff Lang

Geoff Lang

Manager City Infrastructure

Neil Noye Signature

Neil Noye

Director City Life

 

Date:                            28 February 2023

File Reference:          F23/19632

 

 

 


Item No. 22

Agenda (Open Portion)

Council Meeting

Page 162

 

20/3/2023

 

 

Report of the Chief Executive Officer

 

20.      Study Tour - Brisbane and Gold Coast

            File Ref: F23/23390

Report of the Chief Executive Officer of 15 March 2023.

Delegation:                 Council


Item No. 22

Agenda (Open Portion)

Council Meeting

Page 166

 

20/3/2023

 

 

REPORT TITLE:                  Study Tour - Brisbane and Gold Coast

REPORT PROVIDED BY:  Chief Executive Officer

 

1.         Report Summary

1.1.     The purpose of this report is to seek the Council’s endorsement for the Deputy Lord Mayor, Councillor Helen Burnet and Alderman Louise Bloomfield, to participate in a study tour of Brisbane and the Gold Coast on 13 and 14 April 2023.

1.2.     The study tour will focus on urban renewal, land use and transport options that might be considered for Hobart in order to address infrastructure, transport and growth pressures.

2.         Key Issues

2.1.     In order to advance Hobart’s aspiration of becoming Australia’s most economical, environmental and connected community by 2030, there is value in undertaking a study tour of city’s under transformation.

2.2.     Planning communities that feature and protect their natural and cultural heritage, while accommodating desired land use and development activities consistent with contemporary standards, will enable the best outcomes to be achieved in each place.

2.3.     Brisbane City Council’s neighbourhood plans are a tool to manage change and accommodation growth and better protect valued environments at a local level.

2.4.     Improving the network of buses, trams and trains is a central part of the Gold Coast City Council’s approach to managing growth pressures and transport demands.

3.         Recommendation

That:

1.      The Council approve the Deputy Lord Mayor Councillor Helen Burnet and Alderman Louise Bloomfield’s participation in a study tour of urban renewal, land use and transport projects in Brisbane and the Gold Coast on 13 and 14 April 2023.

2.      The per person cost of approximately $2,000 be attributed to the Elected Member allowances and expenses function of the 2022/23 Annual Plan.

3.      The Chief Executive Officer be given approval to determine the participation of Council officers in the study tour.


 

4.         Background

4.1.     Creating move liveable, better designed and planned, and well- connected neighbourhoods through mixed land use, different housing types and greater access to quality public transport is a critical to Hobart’s future.

4.2.     Through the development of the Future Hobart Plan; a number of structure plans are being developed for each suburb (with an activity centre) to ensure that the City of Hobart is at the forefront of urban planning policy, process and outcomes.

4.3.     Planning communities that feature and protect their natural and cultural heritage, while accommodating desired land use and development activities consistent with contemporary standards, will enable the best outcomes to be achieved in each place.

4.4.     In order to advance Hobart’s aspirations of becoming Australia’s most economical, environmental and connected community by 2030, there is value in undertaking a study tour of city’s under transformation.

4.4.1.     Brisbane City Council’s neighbourhood plans are a tool to manage change and accommodate growth and better protect valued environments at a local level.

4.4.2.     The Brisbane City Centre Master Plan – Stage 2 is aimed at revitalising the local economy by boosting activity and increasing the appeal of the city centre to residents, businesses, students and visitors. 

4.4.3.     To support the sustainable growth of the Gold Coast, it was acknowledged that the continued reliance upon private vehicles would mean increased congestion on the road network and negative impacts on the economy, lifestyle and environment of residents and visitors.

4.4.4.     Improving the network of buses, trams and trains is a central part of the Gold Coast City Council’s approach to managing growth pressures and transport demands.

4.5.     The draft program for the study tour includes a day in Brisbane exploring the latest relevant developments and land use/transport relationship.

4.6.     The tour will also visit the Gold Coast to learn about the background to the light rail and how it has helped shape the development of the city.

4.7.     Greg Vann, the City’s Strategic Planner in Residence will lead the study tour.

4.8.     The Elected Members’ Development and Support Policy allows for Study and Inspection Tours as per section F of the Policy:

‘The Council may resolve to send one or more elected members participating in a study or inspection tour to examine a particular program or activity operating outside of the City, in order to assess its application or suitability for the City of Hobart.

In considering participation in study tours, the Council will be provided with details of all costs associated with attendance, including resourcing and any other associated costs.

The total cost of elected members’ participation in study and inspection tours will be attributed to individual elected members under this specific category and will appear on the City of Hobart’s website, however the cost will not form part of the $5,000 annual allowance.’

5.         Capital City Strategic Plan

5.1.     The City of Hobart’s Strategic Plan 2019-2029 includes a number of actions that will assist us in responding to issues such as infrastructure, transport and growth pressures.

6.         Regional, State and National Plans and Policies

6.1.     The Greater Hobart Plan seeks to guide growth over the next 30 years in order to shape our city’s future urban form.

7.         Financial Viability

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     The approximate cost per person is anticipated to be around $2,000 and will be attributed to the Elected Member allowances and expenses function of the 2022/23 Annual Plan.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     Not applicable.

7.3.     Asset Related Implications

7.3.1.     Not applicable.

 

 

 

 

 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Kelly Grigsby

Chief Executive Officer

 

 

Date:                            15 March 2023

File Reference:          F23/23390

 

 

        

 


 

Agenda (Open Portion)

Council Meeting

Page 175

 

20/03/2023

 

 

Motions of which notice has been given

 

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

 

 

21.      Crowther and Lanne History

            File Ref: F23/24626

Councillor Elliot

Motion

“That the Council:

1.   should apply the principles of natural justice and the presumption of innocence in its decision-making

2.   acknowledge that William Crowther was never found guilty of any charges relating to William Lanne

3.   acknowledge that serious concerns have been raised by experts in relation to what, if any, interaction William Crowther really had with William Lanne's deceased body

4.   note that the Council has directly communicated (via the City of Hobart website) or indirectly promoted (through the Crowther Reinterpreted ‘truth-telling’ installations) information that is unproven and/or known to be false, including:

·     the unproven statement that William Crowther removed William Lanne’s skull and

·     the false statement that William Crowther removed William Lanne’s hands and feet and

·     the rumour and myth that Lanne’s scrotum was removed and used this as a tobacco pouch and

·     the incorrect statement that William Crowther was suspended from his role with the Hobart General hospital "over charges of mutilating the body of William Lanne", when he was actually suspended for failing to participate in a Government enquiry into the treatment of William Lanne's body and

·     errors in basic facts, such as William Lanne’s birth date and location.

5.   agree that it is incorrect and misleading to state or imply that the Aboriginal community in its entirety are uncomfortable with the statue and want it removed and

6.   publish, with urgency, on the Council website a clear statement of the exact conduct that it views William Crowther guilty of and all the relevant primary sources of evidence

7.   arrange and conduct public information sessions where historians and other interested parties can present their views on the character and conduct of William Crowther and William Lanne, including their views on what, if any, interaction William Crowther had with the deceased William Lanne

8.   invite historians and other interested parties to document their views on the character and conduct of William Crowther and William Lanne, including their sources, and publish these on the Council’s website

9.   re-open consultation on the Franklin Square Conservation Plan Addendum (which closed at 5pm on 20 March) and extend the community consultation period on this major change to 14 calendar days after the information session at point 7 and the material has been published on the website referred to at point 8 (whichever is later).”

 

Rationale:

 

“In August 2022, the Council made the significant decision to remove the statue of William Crowther that has stood in Franklin Square over 130 years.

 

The Council primarily relied on two presumptions as the basis for its decision. Firstly, that William Crowther is guilty of mutilating the body of the deceased William Lanne, and that the Aboriginal community are uncomfortable with the statue and want it removed. 

 

The first of these presumptions is false or unproven and viewed by experts as unlikely, and the second is incorrect and misleading. William Crowther was never convicted of any charge and multiple Aboriginal groups and individuals, including the Circular Head Aboriginal Corporation have strongly expressed that they do not support the removal of the statue, an issue they have raised with the relevant State Minister, the Legislative Council as well as with their Federal Representatives.

 

The removal of the William Crowther statue will set a powerful precedent that will undoubtedly bring forward a shopping list of items, names, practices, and decisions that some people are offended by. The removal of the statue also communicates that if a minority of people are uncomfortable with something, that it can be removed, changed, deleted, without the need for proven wrongdoing.

 

Our society promotes the principles of natural justice and that someone is innocent until proven guilty. Balanced and objective people also appreciate the importance of considering the full picture and the gross unfairness of punishing someone for something they did not do or have not been found guilty of.

 

Removing the statue of a person who was noted for a lifetime of selfless service to our community for something he was never found guilty of wreaks of injustice. Removing the statue of an individual because it is viewed by some as being merely 'symbolic' of wrongs is disgracefully unfair to the individual, their legacy and their descendants, and in complete conflict with the principles of natural justice.

 

If the statue is ultimately removed, the basis upon which this decision has been made should be made clear. In the interests of transparency and to demonstrate the application of fairness and justice, the Council should provide the public with a clear statement of the exact conduct that it views William Crowther guilty of and all of the relevant primary sources of evidence relied upon that has led them to this course of action.

 

In the interests of fundamental fairness, decency and professionalism, the Council has a responsibility to make available to the community the different views about what William Crowther did or did not do so that the community can make up their own mind. Without this, the Council has no hope of being seen as a fair and objective governing body that’s able to effectively manage its biases, lobbying pressures and the personal and ideological agendas of individual elected members.

 

 

Administration Response to Notice of Motion

 

Discussion

 

1.   Addressing points 1 through 8: Given the nature of the queries, a significant body of work - including additional and extensive consultation – would be required. This work would need to be the subject of a future report to Council.

2.   At its meeting held on 15 August 2022 the Council resolved the following:

 

“That:  1.    In recognition of the Council’s 2020 Aboriginal Commitment and Action Plan and the submissions received in response to the Crowther Reinterpreted project, Council support the proposal for partial removal of the William Crowther statue from Franklin Square - the bronze component – to the City’s Valuables Collection, pending further negotiations with local collecting institutions, for a permanent location for this element (Stage 3).

 

(i)         This partial removal would be subject to receipt of planning approval by the Council and be paired with the instatement of temporary signage on the Franklin Square site, explaining the project.

 

2.    Subsequently, that officers develop a detailed proposal, in consultation with relevant stakeholders, for commissioning new, permanent, interpretative and/or sculptural elements to be installed beside the Crowther plinth (Stage 4). This would form the basis of a future report to the Council.

 

3.    Following the completion of the Crowther Reinterpreted project, the Council support the development of a Monuments Policy to inform future additions or removals to the City’s collection.”

 

 

3.   The body of work and the actions that led to support the August 2022 Council resolution can be read via this link (the report begins on page 7 of the agenda including the attachments such as the full Community Engagement Report):

http://hobart.infocouncil.biz/Open/2022/08/CCEC_04082022_AGN_1607_AT.PDF

 

4.   Following this resolution an addendum to the Franklin Square Management Plan will be the subject of a report to be considered by the Council on 24 April 2023.  This Addendum is currently open for public comment, closing on 20 March 2023.

 

5.   The Development Application for the removal of the Crowther statue, which will include a heritage impact assessment, will be submitted after the April Council meeting and will be considered by Council’s Planning Committee, once it has gone through the requisite legislative processes.

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

2 – Community inclusion, participation and belonging.

Outcome:

2.1: Hobart is a place that recognises and celebrates Tasmanian Aboriginal people, history and culture, working together towards shared goals.

Strategy:

2.1.1 Demonstrate leadership in Aboriginal social justice in partnership with Aboriginal people.

2.1.2 Highlight Tasmanian Aboriginal history and culture, including acknowledgement of the darkness of our shared experience, through interpretation, naming, arts and events.

Pillar:      

3 – Creativity and culture

Outcome:      

 

3.2: Creativity serves as a platform for raising awareness and promoting understanding of diverse cultures and issues.

Strategy:

3.2.1: Use the creative arts as a platform for encouraging participation in public life and raising awareness of important issues.

3.2.2: Support arts and events as a means of story sharing and sparking conversations about ideas, histories and diverse cultures.

3.2.4: Support creative and cultural initiatives that invite people to engage with Tasmanian Aboriginal history and culture.

Legislation and Policy

Legislation:

Anti-Discrimination Act 1998

Policy:

 

 

 

Financial Implications

 

1.   The costs to complete the body of work suggested in this Notice of Motion would include a considerable number of Officer hours, the costs associated with public meetings and consultation and potentially fees for external expertise in relation to confirming the content of existing historical sources.

 

 

 

 

 

22.      Underutilised Bedrooms Incentive

            File Ref: F23/24638

Councillor Elliot

Motion

“That Council request officers to prepare for Council’s consideration the principles and processes for a rebate program that focuses on incentivising property owners to rent underutilised bedrooms in their principal place of residence by offering them a financial discount on their Council rates.”

 

Rationale:

 

“This motion focuses on maximising the availability of housing by incentivising homeowners rent out underutilised bedrooms in their home.

 

It is estimated that there are 13 million spare bedrooms across Australia, with many thousands of those likely to be in Hobart. This number is expected to increase as our population ages and without barriers lifted and incentives in place for people to move to housing that is the ‘right’ size for them.

 

In 2021, 28 per cent of Greater Hobart households contained only one person, while the bulk of Greater Hobart’s private housing stock (70 per cent) has three or more bedrooms. Research also shows older homeowners (aged over 55) are more likely to have one or more extra bedrooms than younger homeowners.

 

Demand for housing is growing, amplified by the return of international students and migration. While a diverse range of people and households are in urgent need of housing, there are growing cohorts individuals (such as single older women) that could benefit from the immediacy and social benefits of a program like this.

 

It is envisaged that the rebate program:

·      would be voluntary and opt-in, and operate for a limited period only 

·      would be open to property owners renting bedrooms within the building they occupy at their principal place of residency only

·      would only apply to new arrangements where the unoccupied bedroom was not rented for a period of at least 12 months immediately prior

·      would allow property owners to receive a subsidy for renting one or two bedrooms within their principal place of residence

·      would require the property owner to provide sufficient ‘evidence’ of the bedroom rented under a new arrangement during the period nominated by the Council for a period of at least six consecutive months. For example, evidence may be in the form of a Statutory Declaration from both the property owner and the renter

·    would provide the owner with an meaningful financial incentive, such as 10 per cent refund on the general Council rates paid during the prior six months if one bedroom is rented and 15 per cent refund if two bedrooms are rented and

·      would be supported by guidance on the City’s website, including information related to safety, selecting a ‘tenant’, negotiating terms and conditions, managing disputes and the program details.

It is acknowledged that the Residential Tenancy Act 1997 does not apply when property owners are renting out one or two bedrooms within the same building that the owner also occupies.

 

It is also acknowledged that this program, if implemented, would have budget and resourcing implications.

 

 

 

Administration Response to Notice of Motion

 

Discussion

At its meeting in July 2022 in response to a Notice of Motion, Council resolved the following:

·    Council consider differential rating for properties used for short stay visitor accommodation and vacant – residential land during its broader review of the City of Hobart Rating and Valuation Strategy in 2022-23.

·    In order to both ensure housing stock is retained and to stimulate residential development, the Council commit to finding incentives, especially to build on vacant residential land, and to consider potentially significantly higher rates for short stay accommodation in residential areas.

·    A differential rating strategy or other appropriate measures be considered to address long-term unoccupied properties as part of the broader review of the City of Hobart and Valuation Strategy in 2022-23.

At its meeting in August 2022, a question without notice was asked, being whether it was the right time for Council to revisit its position on rate discounts.  The response provided by Officers included that this matter will be included in the City’s review of its rating and valuation strategy proposed to be undertaken during 2022-23.

At its meeting on 23 January 2023 Council approved a proposal and methodology for the review of the City’s rating and valuation strategy, which will consider the include the following:

·    Rating principles and that the proposed Strategy will meet these principles, including:

o What should be funded from a user pays model and rating to fund public services and benefits.

o Whether the rate burden falls appropriately across different types of ratepayers.

o Whether the rating system is practical and cost effective for Council to administer.

o Whether the rating system is transparent, simple to understand and comply with.

o Does the City’s rating system maximise economic efficiency e.g., does it encourage development in the City.

o Is it sustainable and generate a reliable revenue source for Council and is flexible in changing conditions.

o Does it support ratepayers with least capacity to pay?

·    Developer contributions / user pays models of delivering infrastructure including land value capture and betterment.

·    Models for capturing growth in the rate base to be used to fund future infrastructure required of a growing Capital City.

·    Which valuation base to use – options are continue with AAV, use CV or use Land Value.

·    Which rating system to use – uniform (single rate in the dollar) or differential rates.

·    If using differential rates, what differential rates should be applied to each of the land uses: commercial, industrial, residential, primary production, quarry & mining, public enterprise, sport & recreation and vacant land.

·    Rating incentives to encourage the development of vacant land, discourage land holding.  Other incentives to address long term unoccupied properties.

·    Implementing the differential rating strategy agreed by Council for short stay visitor accommodation.

·    Whether a fixed charge component to the General Rates should be introduced.

·    Service rate and charges including funding models for waste management services.

·    Payment due dates and payment options, including discounts for early payment of rates.

·    Debt management and late payment fees.

·    Rebates, remissions and discounts including Council’s contribution to the State Government pensioner remission scheme.

·    Whether support measures for those with least capacity to pay are sufficient.

It is therefore proposed that the rebate program proposed in this Notice of Motion be considered as part of the City’s broader review of its rating and valuation strategy that is underway.

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

 

Strategy:

4.5.5 – Prepare for the impacts of long-term trends, such as climate change, transport modes, and tourism and housing demand cycles on the Hobart economy.

7.1.1 – Work in collaboration with government bodies and the not-for-profit sector to identify and address issues of homelessness and housing affordability, diversity and supply.

7.1.2 – Advocate for people at risk of housing stress and homelessness.

7.1.3 – Encourage recognition and understanding of the issues that contribute to homelessness and develop effective partnerships to enhance interactions with homeless people.

7.1.4 – Advocate for the increased supply of social housing to be delivered through a range of supported accommodation models.

7.1.5 – Advocate for legislative and other tools that support social and affordable housing.

7.2.4 – Support existing housing stock to meet changing needs, while recognising and enhancing Hobart’s aesthetic and character.

8.5.8 – Maintain a rating system that supports fairness, capacity to pay and effectiveness.

8.5.9 – Monitor and maintain the City’s long-term financial sustainability.

Legislation and Policy

Legislation:

 

Policy:

City of Hobart Rates and Charges Policy

 

Financial Implications

 

1.   As Council will raise the amount of rates revenue it requires in its budget, any rates rebate provided will have the consequence of increasing the rates to be paid by all other ratepayers, not in receipt of the rebate, who would effectively subsidise the rebate to be provided. 

 

 

 

 

 

 

 


Item No. 8.1

Agenda (Open Portion)

Council Meeting

Page 178

 

20/3/2023

 

 

23.     RESPONSES TO QUESTIONS WITHOUT NOTICE

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

 

The Council 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.

 

23.1  Outstanding Question

Memorandum of the Chief Executive Officer 15 March 2023.

 

 

23.2  Anonymous Complaint

Memorandum of the Chief Executive Officer 9 March 2023.

 

 

23.3  Stakeholder Correspondence

Memorandum of the Chief Executive Officer 7 March 2023.

 

 

23.4  Decision Making

Memorandum of the Chief Executive Officer 15 March 2023.

 

That the information be received and noted.

 

 

 

 


 

 

memorandum:      Lord Mayor
Deputy lord Mayor
Elected members

 

Outstanding question

 

Meeting: Council

 

Meeting date: 23 January 2023

 

Raised by: Alderman Zucco

 

 

Question:

 

In 2021 I put forward a question as per the installation and cost of a power pack car charger. The question was never answered in accordance to the question put.

A further question was put forward as per the matter seeking internal correspondence between staff, as per the nature and who initiated the installation. This was made in March 2022.

A further request was made as per the status of the question in July 2022.

In October 2022 the matter was still with the elected member requests.

It is now approaching February 2023 nearly 2 years since a question was asked with no response to the question.

Without elaborating on the detail of my question as it relates to staff that are named, can the CEO please provide the details as requested nearly 2 years ago and restated twice since over that period?

 

Response:

 

In response to the questions previously asked by Alderman Zucco, Simmons Wolfhagen was engaged to undertake an external review to determine the existence or otherwise of an email matching the description from Alderman Zucco set out in the question without notice.

 

That review was delayed, however it has now been completed and concludes that despite an exhaustive search (including direct enquiry of relevant staff) no record of an email/s matching the description provided by Ald Zucco can be found.

 

 

 

 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Kelly Grigsby

CHIEF EXECUTIVE OFFICER

 

 

Date:                            15 March 2023

File Reference:          F23/25635; 13-1-10

 

 

 


Item No. 8.1

Agenda (Open Portion)

Council Meeting

Page 180

 

20/3/2023

 

 


 

 

memorandum:      Lord Mayor
Deputy lord Mayor
Elected members

 

anonymous complaint

 

Meeting: Council

 

Meeting date: 23 January 2023

 

Raised by: Alderman Zucco

 

 

Question:

Under section 28 of the Local Government Act being the functions of Councillors section states that A Councillor, in their capacity of an individual councillor, has the following functions.

Under section 2 (b) iii the Councillors of a Council must ensure the fair and equitable treatment of employees of the Council.

That considering the "anonymous" complaint received by the CEO in September 2022 and that the CEO and consulted with only the Lord Mayor and Deputy Lord Mayor why were other Councillors who have a collective responsibility under the Local Government Act not consulted and were subject to being advised via media channels?

That considering the nature of the "anonymous" complaint and section 28 of the Act why didn't the CEO call an urgent special meeting to provide the information to the Council rather than a "select few'' who are not the Council under the Act.

That considering the nature of these complaints and advising the Council that I have had a vast number of staff provide me directly with both written and verbal complaints since the release of the "anonymous" complaints can the CEO advice Council of the status of any actions taken solutions and any ongoing mechanisms to rectify the issues.

That considering these matters were brought to light in 2022 have any other elected members been involved or contacted by the CEO on the issue and if so why wasn't the Council.

 

Has the media sought information under Right of Information under the ACT if so when and has any other elected member or the CEO with any elected member been involved in any formal or informal discussions with the media on this matter.

Finally when will the CEO formally report to Council as per this matter so the Council can be assured that this serious matter is being formally investigated for an ultimate aim to achieve a resolution?

 

Response:

 

The Chief Executive Officer (CEO) consulted with the Lord Mayor and Deputy Lord Mayor as they were both provided with a copy of the anonymous letter from the author. 

 

On 6 October 2022, the CEO provided an email to all Elected Members in relation to the anonymous letter which outlined the actions taken by the CEO.

 

If Elected Members are receiving written and verbal complaints from staff they are encouraged to provide this information to the CEO or another member of the Executive Leadership Team.  The CEO has on a number of occasions provided advice to staff about the mechanisms in place to resolve issues or concerns.

 

The City has not received any Right to Information requests in relation to this matter.

 

Elected Members can be assured that the CEO is committed to resolving issues and concerns in a fair, timely and appropriate way in accordance with the City’s policies and procedures.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Kelly Grigsby

Chief Executive officer

 

 

Date:                            9 March 2023

File Reference:          F23/11163; 13-1-10

 

 

 


Item No. 8.1

Agenda (Open Portion)

Council Meeting

Page 182

 

20/3/2023

 

 

 

 

memorandum:      Lord Mayor
Deputy lord Mayor
Elected members

 

Stakeholder Correspondence

 

Meeting: Council

 

Meeting date: 23 January 2023

 

Raised by: Councillor Elliot

 

 

Question:

 

Why did the correspondence to a major stakeholder relating to a significant decision that Council made on 12 December take nearly six weeks (or 26 working days excluding public holidays) to prepare, especially given the bulk of the letter is a copy and paste of the motion? Do we have a policy on actioning items like this, that includes timeframes for action?

 

Response:

 

Following Council meetings, actions are issued from the Council’s agenda and minutes software, Info Council, to the Council officers responsible for implementing a particular Council decision.

 

The officer involved, which would be at Director or Manager level, would then determine the prioritisation of actioning and implementing the Council’s decision taking account of any direction contained in the Council’s resolution.

 

In relation to the specific resolution referred to in the question, there was a delay with the drafting of the correspondence due to the Christmas/New Year period which resulted in absences of key personnel.


 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Kelly Girgsby

chief executive officer

 

 

Date:                            7 March 2023

File Reference:          F23/11165; 13-1-10

 

 

 


Item No. 8.1

Agenda (Open Portion)

Council Meeting

Page 185

 

20/3/2023

 

 

 

 

memorandum:      Lord Mayor
Deputy lord Mayor
Elected members

 

Decision Making

 

Meeting: Council

 

Meeting date: 23 January 2023

 

Raised by: Councillor Elliot

 

 

Question:

 

On 1 December an elected member (Lord Mayor) stated on local ABC radio when discussing the new governance arrangements for the Council that in relation to Portfolio Committees that “members of the public will be around the table as keyadvisers and decision-makers”. Is this statement correct?

 

The Lord Mayor also made the statement that there are a “whole range of ways we’re going to be making decisions; through Planning Committee, Council Meetings, Portfolio Committees and Workshops” Is this statement correct?

 

Response:

 

The Portfolio Committees have been established as Special Committees in accordance with section 24 of the Local Government Act 1993. 

 

The role of the Committees is to:

 

Provide local area “lived experience” knowledge to support Council decision-making regarding the portfolio area to support the implementation of the Hobart Community Vision and Capital City Strategic Plan.

 

Provide subject matter expertise to the Portfolio Committee to further the understanding of the portfolio group.

 

Advise Council on how to best engage local communities regarding the portfolio area.

 

Facilitate communication between Council, local communities and organisations in relation to the Hobart Community Vision and Capital City Strategic Plan.

 

The Expression of Interest process for committee members has commenced.  The eligibility criteria for members include:

 

Live, work, study or volunteer in Hobart;

Be aged 16 or over;  

Have an interest in advancing the goals in the Hobart Community Vision and Capital City Strategic Plan 2019-29;  

Demonstrated leadership and relationship-building skills, or a willingness to learn these skills;

Hold knowledge and experience in the portfolio area;

Possess strong community linkages with the ability to engage a broad range of community members and views; and

Be willing to constructively participate in an advisory capacity to the City.  

 

Suitability of applications are being assessed against the following two criteria:

 

Level of experience, involvement, skill, and/or subject matter expertise in the portfolio area that would support the work of the committee; and 

Level of understanding of the portfolio area, particularly in the local context, and the role that can be played in the portfolio area by the City of Hobart. 

 

Committee members are to support Council decision-making and will provide subject matter expertise. 

 

The Terms of Reference for the new Portfolio Committees state that:

         

Portfolio Committees are an advisory committee for the purposes outlined in the Terms of Reference, therefore does not have delegated authority, and reports to Council through the Committee Chair as required.

 

The Committee has no power to commit the City to any decision or action, or to direct Council staff in their duties.

 

The Committee has no financial delegation authority.

 

The Planning Committee has been established as a Council Committee in accordance with the Local Government Act 1993 and fulfils the Council’s obligation as a planning authority under the Land Use Planning and Approvals Act 1993.  The Planning Committee has full power to make planning decisions on behalf of the Council.

 

The City of Hobart’s Governance Framework states that Council workshops ‘are not decision making forums’.

 

The Lord Mayor has advised the CEO that the media commentary was broadly referring to the role that these new processes play as elements of Council’s decision-making frameworks.  These advisory processes are part of the governance and decision-making framework without being formal decision-making bodies.


 

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Kelly Grigsby

chief executive officer

 

 

Date:                            15 March 2023

File Reference:          F23/11166; 13-1-10

 

 

 


 

Agenda (Open Portion)

Council Meeting

Page 187

 

20/3/2023

 

 

24.     QUESTIONS WITHOUT NOTICE

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

1.      A councillor at a meeting may ask a question without notice –

(a)  of the chairperson; or

(b)  through the chairperson, of –

(i)    another councillor; or

(ii)   the chief executive officer.

2.      In putting a question without notice at a meeting, a councillor must not –

(a)  offer an argument or opinion; or

(b)  draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3.      The chairperson of a meeting must not permit any debate of a question without notice or its answer.

4.      The chairperson, councillor or chief executive officer who is asked a question without notice at a meeting may decline to answer the question.

5.      The chairperson of a meeting may refuse to accept a question without notice if it does not relate to the activities of the council.

6.      Questions without notice, and any answers to those questions, are not required to be recorded in the minutes of the meeting.

7.      The chairperson of a meeting may require a councillor to put a question without notice in writing.


 

25.     Closed Portion Of The Meeting

 

RECOMMENDATION

 

That the Council resolve by absolute majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:  

 

·         Personal information

·         Proposal for Council land

·         Commercial information

 

The following items are listed for discussion:-

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Communication from the Chairman

Item No. 3          Leave of Absence

Item No. 4          Consideration of supplementary Items to the agenda

Item No. 5          Indications of pecuniary and conflicts of interest

Item No. 6          Rating and Valuation Strategy Review - Community Advisory Group Membership

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

Item No. 7          Giblin Street Quarry Site - Expressions of Interest to Sell or Lease Land

LG(MP)R 15(2)(c)(i), (d) and  (f)

Item No. 8          Dark Mofo 2023 Sponsorship Request

LG(MP)R 15(2)(c)(iii)

Item No. 9          Salamanca Market Licence Agreement and Site Fee Valuation

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

Item No. 10        Risk and Audit Panel - Appointment of Independent Member

LG(MP)R 15(2)(a)

Item No. 11        Questions Without Notice