AGENDA
OPEN PORTION OF THE Council Meeting

Monday, 11 December 2023

AT 5.00 pm

 



 

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

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.. 7

5.       Notification of Council WorKshops. 7

6.       Public Question Time.. 8

7.       Petitions. 16

8.       Consideration of Supplementary Items.. 16

9.       Indications of Pecuniary and Conflicts Of Interest. 16

Officer Reports.. 17

10.    Petition Response - Impact of diesel fumes from tourist buses in Battery Point 17

11.    Annual Plan Progress Report for the period ending 30 September 2023. 27

12.    Doone Kennedy Hobart Aquatic Centre - Warm Water Pool Project Update. 30

13.    Proposed Expansion - Sandy Bay Croquet Club. 38

14.    Lease Arrangements - 22 Creek Road, Lenah Valley. 45

15.    Family Friendly City Update. 51

16.    Business Events Tasmania Annual Funding Submission 23-24. 59

17.    2023-24 Fees and Charges - New and Amended Fee for Community Liability Pack. 69

18.    Portfolio Committees - Amended Terms of Reference. 75

Report of the Chief Executive Officer

19.    Code of Conduct Determination Report   Ms (now Councillor) Louise Elliot v Councillor Anna Reynolds. 80

Motions of which notice has been given

20.    Officer Reports. 82

21.    Legal Advice - Non-Disclosure Agreements. 85

22.    RESPONSES TO QUESTIONS WITHOUT NOTICE.. 87

23.    QUESTIONS WITHOUT NOTICE.. 88

24.    Closed Portion Of The Meeting.. 89

 


Item No. 6

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Monday, 11 December 2023 at 5.00 pm.

 

Jacqui Allen

Acting Chief Executive Officer

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

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Councillor W F Harvey

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

Councillor W N S Coats

APOLOGIES:

 

 

LEAVE OF ABSENCE: Nil.

 

1.       Acknowledgement of Country

 

 

2.       Confirmation of Minutes

 

The Chairperson reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 27 November 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 Acting Chief Executive Officer reports that the following workshops have been conducted since the last ordinary meeting of the Council.

 

Date:            Monday, 13 November 2023

Purpose:      Rating and Valuation Strategy and Council Briefing

 

Attendance:

 

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

Leave of Absence:

 

The Lord Mayor Councillor A Reynolds.

 

Date:            Monday, 4 December 2023

Purpose:      Urban Design Guidelines | Annual Plan Progress Report | Council Agenda Briefing

 

Attendance:

 

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

Apologies:

 

The Lord Mayor Councillor A Reynolds, Councillor Z Sherlock.

 

 

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.”

 

6.2.1 Rating and Valuation Consultation

        File Ref: F23/128293; 16/119-001

Report of the Acting Chief Executive Officer of 6 December 2023.

6.2.2 Plane Trees in Fitzroy Place

        File Ref: F23/128272; 16/119-001

Report of the Acting Chief Executive Officer of 6 December 2023.

6.2.3 McRobies Gully Tip Site Rubbish

        File Ref: F23/128302; 16/119-001

Report of the Acting Chief Executive Officer of 6 December 2023.

6.2.4 McRobies Gully Tip Site Rubbish

        File Ref: F23/128304; 16/119-001

Report of the Acting Chief Executive Officer of 6 December 2023.

 

RECOMMENDATION

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

 

 

 

 


Item No. 6.2.1

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

 

Meeting date:          27 November 2023

 

Raised by:               Leo Foley

Response Author:   Jacqui Allen, Acting CEO

Topic:                      Rating and Valuation Consultation

 

Question:

 

I refer to the decision by Council on 30 October 2023 to change the method of property valuation it uses for calculating Council rates from AAV to CV.

I refer also to the decision by Council on 23 January 2023 on the same subject, at which time it was stated (I quote):

10.1 An important element is community and stakeholder engagement.

10.2    Input from an advisory committee of ratepayer representatives is invaluable. It is therefore proposed to establish an Advisory Group.

10.2.2 It is proposed that submissions are sought from the community on the draft strategy.

None of these things have happened.

Why has the Council moved forward with a decision that ignores the primary principle of rating (the benefit principle), penalises the poor, makes housing more unaffordable, and condemns renters to live in sub-standard accommodation, all without reference to the public that will be so badly affected?

 

Response:

The City of Hobart has changed the property valuation base it uses for rating from Assessed Annual Value to Capital Value following an extensive review, which took into consideration feedback the City had received from ratepayers over an extended period and outcomes from the earlier State and Local Government Review of valuation and local government rating.

 

 

Question:

I refer to the decision by Council on 30 October 2023 to change the method of property valuation it uses for calculating council rates from AAV to CV.

Despite promises to ensure community consultation, even establishing an advisory panel, no consultation has taken place. As part of the Review of its Rating and Valuation Strategy, Council is undertaking a series of Elected Member workshops. This is done in private meetings, behind closed doors, with no input or oversight by the public.

In the interest of transparency and community engagement, will Council provide the content of those workshops to the general public, will the notes of the consultant be released to the general public?

 

Response:

The Chief Executive Officer provides regular Elected Member workshops to impart information and allow for discussion. This is not a new process. Matters for consideration usually include updates on more significant matters due to come before a meeting of Council and include briefings on significant Council projects, strategies and plans. Given the importance of rating decisions to the community, a series of Elected Member workshops on this important topic have been undertaken. The information considered in the Rating and Valuation Strategy Elected Members workshops is not confidential and is available on request.

 

 

Question:

 

I refer to the decision by Council on 30 October 2023 to change the method of property valuation it uses for calculating Council rates from AAV to CV.

I refer also to the Agenda for that Council Meeting, which states (I quote):

“Land Value does not perform well against the principles of equity as significant differences in the improved value of the property would not be reflected in the rates burden i.e., rating on LV would result in similar levels of rates being levied on a one-bedroomed dwelling on a large block of land as are applied to a six-bedroomed, two bathrooms, two garage home on a similar block of land.”

Really, is that the best that proponents of CV can do? Note that the one-bedroomed place is “on a large block of land”. That would be unusual, don’t you think? And even if it did occur, do we want to reward that owner for under-developing their land” Aren’t we trying to promote density?

Councillors, the real situation is that families live in big houses. They need the extra rooms. There aren’t many in Hobart because we have forced them to live at the margins, incurring travel costs and loss of parent/child time. Think it through. You will find plenty of larger houses in Glenorchy and Sorell, housing large families. Those people are not rich. Most are carrying a huge mortgage, but you would tax them as rich people.

CV Rating is a tax on families. Why is Council penalising families?

 

Response:

 

All local government authorities have the difficult task of defining a fair and equitable rating system. However, setting the rate based on property values, whether on land value, capital value or the assessed annual value as determined by the Valuer-General, is a requirement of the Local Government Act 1993. Council rates are a form of taxation, a property tax rather than a fee for service, with the value of the property used as the basis for calculating how much each property owner pays.

The City of Hobart has changed the property valuation base it uses for rating from Assessed Annual Value to Capital Value as part of its review of its Rating and Valuation Strategy. This change will take effect from 1 July 2024-25 rating year. The change has been made following a review of the three valuation bases, that included and took into consideration:

·    The pros and cons of each valuation base in the context of the Hobart municipal area-noting that all councils/municipal areas are different

·    Consideration of each valuation base against the City’s rating principles, being the principles of taxation

·    Feedback from ratepayers over an extended period

·    Extensive rates modelling on the impacts to ratepayers, and the rates they would need to pay, if they move to the different valuation bases

·    The outcomes from the earlier State and Local Government Review of valuation and local government rating, which recommended Capital Value as the best option for Tasmania

·    Benchmarking exercise with other capital city and similar sized councils

·    Information on how properties are valued in Tasmania.

 

Council is not penalising families. It has also not completed its review of its rating strategy. While the Council has endorsed the change of valuation base, how the rating system is implemented opened for community feedback in late November 2023 and will remain open until 2 February 2024. As outlined in the decision by Council on 23 January 2023 community consultation and stakeholder engagement is an important part of the review. A draft Rating and Valuation Strategy for the City will be considered by Council following the outcomes of community engagement, currently scheduled for April 2024 Council meeting.

A range of options for the rating system and how rates are raised are available for community consultation that looks at municipal charges and differential rates across different land uses, including commercial, residential and industrial.

Public feedback is essential in shaping the future of the Rating Strategy, ensuring that it serves the best interests of the residents while sustaining the city’s fiscal stability.

For more information, and to have your say, visit: https://yoursay.hobartcity.com.au/rating-strategy.

 

 

  


Item No. 6.2.2

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

 

Meeting date:          30 October 2023

 

Raised by:               Mr Ian Watchorn

Response Author:   Jacqui Allen, Acting CEO

Topic:                      Plane Trees in Fitzroy Place

 

Question:

 

Recently I contacted the Council about the 24 plane trees in Fitzroy Place to advise that two of them have died. These trees are 106 years old, 30m in height with a branch span of 10 metres. The Council responded quickly to my call and were on site within hours.

My question is, what will the Council do now?

 

Response:

The City of Hobart takes the protection and maintenance of our horticulture assets seriously. City officers are actively monitoring the condition of these trees. A regular watering program has been established. Council will be utilising ground-penetrating equipment to ensure water reaches deep into the roots.

Council have engaged external arboriculturists to assist in monitoring the trees. Initial signs suggest that sections of the tree structure are attempting to produce new growth. While this could be a stress response, we are presently following the recommendations of professionals and will persist in monitoring the situation, whilst taking appropriate action as needed.

At this point in time, aside from continuing our deep-water program, we are closely monitoring for any further developments.

 

 

  


Item No. 6.2.3

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

 

Meeting date:          30 October 2023

 

Raised by:               Vonna Keller

Response Author:   Jacqui Allen, Acting CEO

Topic:                      McRobies Gully Tip Site Rubbish

 

Question:

 

Given the ongoing difficulties within the boundaries of the McRobies tip site, can the Council detail the short comings and pre-storm protocols that lead to the pollution event that occurred in the rivulet on the 21 and 22 of October 2023, as well as measures being taken to rectify those short comings?

 

Response:

The Hobart Rivulet is a cherished community asset that provides ecological, environmental and aesthetic value while also functioning as part of the City of Hobart’s stormwater network.

The City of Hobart takes the protection of this valuable asset, including its protection against the environmental impacts of pollution including litter, and waste management more broadly very seriously. This is demonstrated through our commitment to achieving zero waste to the Hobart landfill by 2030 and the work currently underway to develop a Climate Strategy.

In regards to pre-storm protocols, the McRobies tip face is routinely cleaned of loose debris. This occurred approximately 8 days before the flood event. This work involved collection of windblown plastic and other loose debris across the site. As noted, this cleaning occurs routinely, approximately every three to four weeks, or after a strong wind event.

In addition to this cleaning, when weather events such as that which occurred on 21 October are predicted, a number of additional measures are taken to prepare the city. In the lead up to the event of 21 October a number activities occurred across the municipality, those specifically relating to the McRobies tip site included:

·    inspecting and cleaning gross pollutant traps in waterways, including the McRobies GPT;

·    removing debris from McRobies WMC waterways;

·    inspecting and cleaning the South Hobart litter sock;

Following the weather event further work was undertaken including an inspection of the entire Hobart rivulet between McRobies Waste Management Centre and Gore Street in the city. This inspection, one day after the event, showed that plastic had entered the waterway from a combination of sources, including the gross pollutant trap (sock) at Degraves Street, and all other stormwater outflows below this location.

Council officers, together with community volunteer groups and contractors worked to clean waste that had entered the waterway. While the bulk of the litter cleared from the rivulet was likely from the McRobies site, the rivulet also accepts flows from multiple stormwater networks throughout South Hobart and down to the CBD, with waste that has been discarded or blown from surrounding suburbia ending up in the waterway.

As you would be aware, in response to this event the Council requested a report which addresses the concerns you have raised in more detail. A copy of this report can be found within the Council agenda of 27 November 2023 on the City’s website: https://hobart.infocouncil.biz/

 

In response to this report, the Council resolved to consider a number of additional actions including a three-month trial in South Hobart to promote and support the use of bin clips in an effort to reduce wind-blown domestic rubbish as well as what benefit an independent audit of compliance with the EPA might provide. A report on these matters will be returned to Council in due course.

 

 

  


Item No. 6.2.4

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

 

Meeting date:          30 October 2023

 

Raised by:               Michelle Pepingco

Response Author:   Jacqui Allen, Acting CEO

Topic:                      McRobies Gully Tip Site Rubbish

 

Question:

 

From the perspective of a teacher, I’ve got children that are concerned for the rubbish that is not being contained within the tip site and going into the rivulet. Some of the children are compelled to clean it up, which isn’t a safe option for them, so I am wondering what the Councils plan is to better contain the rubbish that comes out of the tip site?

 

Response:

The Hobart Rivulet is a cherished community asset that provides ecological, environmental and aesthetic value while also functioning as part of the City of Hobart’s stormwater network.

The City of Hobart takes the protection of this valuable asset, including its protection against the environmental impacts of pollution including litter, and waste management more broadly very seriously. This is demonstrated through our commitment to achieving zero waste to the Hobart landfill by 2030 and the work currently underway to develop a Climate Strategy.

In regard to the rubbish waste entering the rivulet, from the McRobies tip site. The tip face is covered with clean fill at the end of each operating day to contain landfill and to prevent wind blown debris from the tip entering the Rivulet. Regular cleaning of debris located around the tip face is also undertaken routinely to help prevent rubbish from entering our waterways.

Council officers, together with community volunteer groups and contractors work to clean waste that has entered the waterway. While the bulk of the litter cleared from the rivulet was likely from the McRobies site, the rivulet also accepts flows from multiple stormwater networks throughout South Hobart and down to the CBD, with waste that has been discarded or blown from surrounding suburbia ending up in the waterway.

The Council resolved to consider a number of additional actions including a three-month trial in South Hobart to promote and support the use of bin clips in an effort to reduce wind-blown domestic rubbish; and also have the CEO oversee and independent audit of compliance with the EPA mandated condition to cover exposed waste at the tip site every night. A report on these matters will be returned to Council in due course.

 

  


 

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

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 Acting 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.


Item No. 10

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

Officer Reports

 

10.     Petition Response - Impact of diesel fumes from tourist buses in Battery Point

          File Ref: F23/118036; 16/119

Report of the Senior Transport Engineer and the Director City Futures of 6 December 2023 and attachments.

Delegation:               Council


Item No. 10

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Petition Response - Impact of diesel fumes from tourist buses in Battery Point

REPORT PROVIDED BY:   Senior Transport Engineer

Director City Futures

 

1.       Report Summary

1.1.    This report is provided to assist the Council in considering a response to a petition (Attachment A) from the Battery Point Community Association requesting that “the Hobart City Council ban all diesel buses and those with a carrying capacity greater than twenty people from travelling through the historic fabric of Battery Point”, received by the Council at its 25 September 2023 meeting.

1.2.    The City of Hobart has gathered a range of information in response to the petition’s subject that there is an impact from the “diesel fumes from large tourist buses on the health of the residents and visitors to Battery Point.”

1.3.    This report notes further actions in progress, to be undertaken by the Tasmanian Environmental Protection Agency (EPA) by way of air quality testing and reporting.

2.       Key Issues

2.1.    The petition has identified both the impact of diesel fumes from large tourist buses on the health of people in Battery Point and the impact of large tourist buses on the historic fabric of Battery Point as the reason to request the Council ban “all diesel buses and those with a carrying capacity greater than 20 people, from traveling through the historic suburb of Battery Point”.

2.1.1.   Council officers have gathered and present in this report a range of information in relation to ambient air pollution in Battery Point and in the City of Hobart, and;

2.1.2.   information relating to impacts “of large tourist buses” on historic fabric of the subject area.

2.1.3.   There are also limitations on how Council, as the Road Authority, can act to ban or restrict specific vehicle classes or uses from using public streets, and discussion around this is provided.

2.2.    There would not appear to be a clear body of evidence to support the petition’s subject matter or request.

 

3.       Recommendation

That:

1.     The Council advise the Battery Point Community Association that:

(i)     there is no clear evidence at this stage nor ability on the part of the Council to prohibit diesel buses and those with a carrying capacity greater than 20 people, from travelling through the historic suburb of Battery Point and a copy of this report be provided; and

(ii)    in response to the petition, the Tasmanian Environmental Protection Agency will conduct air quality testing in Battery Point and a copy of the findings will be provided when completed.

2.     The suggestion within the endorsed Battery Point Local Area Management Plan to “engage with tourist bus operators to determine appropriate behaviour, frequency and route choice to manage their impacts on the precinct” is noted.

 

4.       Background

4.1.    Ambient Air quality

There is a substantial body of research in respect of outdoor and indoor ambient air quality. Air quality has an impact on human health and there are air quality guidelines and legislation set by governments and organisations to limit the impacts of poor air quality on the environment and human health.

There are a range of commonly used measurable metrics to monitor and assess air quality. These commonly include:

·    Particulate matter; (PM10, PM2.5) – The associated number is a reference to the size of the particle.

·    Nitrogen Oxides;

·    Carbon Monoxide;

·    Sulphur Dioxide;

·    Photochemical Oxidants; and

·    Lead. (It is noted that with leaded petrol now phased out, air borne lead pollution is now less connected to transport emissions in Australia.)

Detailed air quality information including links to real time air quality data collected in Tasmania (and Hobart) is available on the Environmental Protection Authority (EPA) website - https://epa.tas.gov.au/environment/air/monitoring-air-pollution

There is also a National Environmental Protection Measure (NEPM) for Ambient Air Quality. Schedule 2 of this NEPM has the relevant standards for common air pollutants.

There is significant detail involved in the Air NEPM standards and goals and assessment of air quality. The provided links above the source material and should be consulted for further information.

4.2.    Vehicle emissions

Motor vehicle traffic is a major source of air pollution in Australian Cities. Visible exhaust emissions (of a duration longer than 10 seconds) are prohibited under the Vehicle and Traffic (Vehicle Standards) Regulations 2001. These regulations are administered by the Department of State Growth.

Motor vehicle emissions are controlled through Australian Design Rules (ADR’s) which require all new vehicles sold in Australia to meet specific emission limits. There is also a National Environmental Protection Measure (NEPM) for Diesel Vehicle Emissions.

 

4.2.1.   Emissions from Petrol, Diesel, and LPG fuels

All these engine fuels are associated with tailpipe emissions of pollutants. The intensity and type of air pollution from an individual vehicle is based on the type and quality of the fuel used, the technical performance of the engine and any advanced emission controls or after treatment systems associated with the engine.

4.2.2.   Vehicles present in Battery Point

A weekly count of vehicles in Battery Point (28 DeWitt Street – vicinity St Georges Park – in early December 2022) recorded average daily traffic of approximately 1800 vehicles.

The breakdown of that average daily traffic was recorded as:

Class 1 - (Car) – 1,730 vehicles.

Class 2 – (Vehicle towing trailer, boat etc) – 5 vehicles.

Class 3 – (Two axle truck or bus) – 52 vehicles.

Class 4 – (Three axle truck or bus) – 7 vehicles.

A similar survey undertaken in in 2018 (Vicinity 37 Hampden Road) had similar results albeit with slightly higher Class 1 (Cars) present - at around 2,000 vehicles per day.

4.2.2.1.     The Red Decker tourist bus runs on a scheduled timetable with 7 services between 9.17 am and 3:20 pm in Battery Point. Gray Line also operates an open top tourist bus on cruise ship days (approximately 50 occasions per year) and offers 3 scheduled services at 9:30am, 11.15am and 1:30 pm on those days.

4.2.2.2.     In addition to private motor vehicles a range of other service vehicles use Battery Point, as they would in almost any other suburban area. These vehicles include food and beverage delivery vehicles servicing hotels, restaurants and other hospitality businesses in Battery Point, waste removal trucks collecting rubbish, recycling, FOGO and servicing litter bins, utility service vehicles, building trade and contractor supply vehicles.

4.2.2.3.     A snapshot of the statistics relating to registered vehicles in Tasmania is available through the Australian Bureau of Infrastructure, Transport, Regional Development and the Arts (bitre)  - Road Vehicles, Australia, January 2023.

Diesel-fuelled motor vehicles accounted for 28.3% of the Australian vehicle fleet on 31 January 2023. The Tasmanian vehicle registration split is slightly higher at around 30%.

Light commercial vehicles and passenger vehicles comprise most of the diesel-fuelled fleet.

4.2.3.   Diesel-fuelled engines are required to meet the relevant Australian Design Rules (ADR). For simplicity this is often referred to as the Euro classification – referring to European Standard compliance (and equivalents from other countries). Currently, ADR 80/03  requires new diesel-fuelled vehicles in Australia to be compliant with Euro 5.

4.2.4.   In the diesel-fuelled vehicle fleet domain, some further relevant information has been obtained.

City of Hobart – Waste collection compactor trucks

                Nissan – Model: MKB8E - Engine - Euro 5

                Volvo – Model:  FE320 – Engine - Euro 5

 

Red Decker Open Top Tourist Bus

                Coach engine – Cummins – Euro 5

 

Gray Line Open Top Tourist Bus

                Coach engine – Cummins – Euro 5

 

It is not considered feasible to gather the engine types of all vehicles operating in the Battery Point area.

4.3.    Other point source (air pollution) emissions

4.3.1.   Wood fires

Wood burning fireplaces and stoves are a major source of air pollution in urban environments. Public health campaigns to encourage users to burn fires cleanly exist and new wood burning installations must be compliant with Australian Standards and Tasmanian state regulations. Wood fuelled heating is commonplace in Hobart.

4.3.2.   Lawnmowers, brush cutters, leaf blowers and small combustion engine powered machines.

Small engine powered yard equipment is an often-overlooked point pollution source, generally due to the nature of small two stroke engines having a “high” emissions profile. 

4.3.3.   Gas fires and cooking appliances.

Gas appliances in homes are a major source of indoor air pollution. A range of published studies and indoor air monitoring show associations between gas appliance use and indoor air pollution spikes. Natural gas is piped through Battery Point with over (estimated) 100 homes in the suburb connected to the gas supply. Properties with Gas cooking appliances, supplied by bottled gas are not recorded in GIS data sets.

GIS extract – Tasmania Gas connected properties in Battery Point

4.3.4.   Outdoor ambient air quality monitoring has been arranged through the Council’s Environmental Health Unit and the Tasmanian EPA. Air monitoring is planned to occur during early December, given the opportunity to conduct testing between the cooler months (and associated wood fire pollution) and the summer bushfire season.

4.3.4.1.     Air quality testing is anticipated to report on particulate matter emissions.

4.3.5.   Crash records for the principal operators of large tourist buses have been checked and there is no obvious history or incidence of such vehicles impacting or damaging buildings or other infrastructure in the Battery Point area.

 

5.       Legal, Risk and Legislative Considerations

5.1.    The Council has various powers in the Local Government (Highways) Act 1982 and the Roads and Jetties Act 1935, however there are no obvious powers which would allow the Council to restrict legally registered vehicles which are compliant with current Australian Design Rules and emissions requirements undertaking a legitimate business undertaking on aesthetic grounds.

6.       Discussion

6.1.    Council officers have gathered a range of information relating to ambient air pollution and presented this in the background of this report.

6.1.1.   There are a large range of sources of ambient air pollution in both the outdoor and indoor environment.

6.1.2.   The principal tourist buses commonly operating in Battery Point have provided details of their vehicles and the vehicles are compliant with current standards.

6.1.3.   The air pollution contribution (diesel fumes) from large tourist buses would appear to be quite minor in comparison to the emissions from private motor vehicles and the range of service vehicles which operate to maintain the businesses and residential areas in Battery Point.

6.1.4.   Air quality monitoring is being organised by the EPA, through Council, in December, being as this is a window of opportunity between cooler months where wood heater smoke and summer months where bushfire smoke can distort monitoring.

6.1.5.   Results from the air quality monitoring can be provided to the Council when that testing has been finalised.

6.2.    Council officers can find no records of large tourist buses being involved in crashes with buildings or the ‘historic fabric” of Battery Point.

6.3.    In the context of the information gathered it does not appear there are strong grounds to support the action sought by the petition.

 

7.       Financial Viability

7.1.    Funding Source and Impact on Current Year Operating Result

7.1.1.   This report has no recommendations which require funding.

7.2.    Impact on Future Years’ Financial Result

7.2.1.   Not applicable

7.3.    Asset Related Implications

7.3.1.   Not applicable

8.       Sustainability Considerations

8.1.    The operation of tourist buses assists visitors and tourists to explore the Hobart area without the need for hire vehicle. Bus transport has lower greenhouse gas emission than a motor vehicle on a per person basis.

8.1.1.   Additional small vehicle traffic in Battery Point, should more tourists choose to visit the area in their own vehicle as opposed to using a tourist bus, would create more transport related emissions and could exacerbate other parking management issues in the area.

9.       Community Engagement

9.1.    Principal tourist bus operators were approached and requested to provide information regarding their regular operations, their bus engine specifications, and any other relevant information. Submissions were received from Red Decker, AAT King’s Group and Grey Line.

9.1.1.   Community engagement has occurred with the Battery Point community during the Local Area Mobility Plan (LAMP) process undertaken in 2023. During that process submissions were received tourist bus operations in Battery Point.

9.1.2.   The Battery Point LAMP recommends that engagement with tourist bus operators to determine appropriate behaviour, frequency, and route choice to manage their impacts on the precinct.

10.     Communications Strategy

10.1.  It is recommended that this report be provided to the Battery Point Community Association.

10.1.1.  An appropriate media release should be developed to respond to the Community interest a petition response may generate.

11.     Innovation and Continuous Improvement

11.1.  The tourism transport operators, to which the petition would appear to be directed, have continued to invest in new, modern bus fleet and provide a tourism product and historical interpretation which is appealing to many tourists.

12.     Collaboration

12.1.  City of Hobart officers from the City Mobility, Environmental Heath and Heritage units have discussed and provided input to this report.

12.1.1.  Additional collaboration has occurred with the Environmental Protection Agency (EPA) who are undertaking air quality monitoring.

 

 

 

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.

 

Stuart Baird

Senior Transport Engineer

Neil Noye

Director City Futures

 

Date:                        6 December 2023

File Reference:         F23/118036; 16/119

 

 

Attachment a:           Petition - Impact on Diesel Fumes in Battery Point (Supporting information)    


Item No. 11

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

11.     Annual Plan Progress Report for the period ending 30 September 2023

          File Ref: F23/115457

Report of the Acting Head of Intergovernmental Relations and Partnerships of 27 November 2023 and attachment.

Delegation:               Council


Item No. 11

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Annual Plan Progress Report for the period ending 30 September 2023

REPORT PROVIDED BY:   Acting 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 2023-24 Annual Plan for the period ended 30 September 2023. (Refer Attachment A).

2.       Key Issues

2.1.    The Annual Plan is developed as part of the annual budget and sets out the major actions and initiatives for the 2023-24 financial year. Actions in the Annual Plan must be aligned with the Cit’s Strategic Plan.

2.1.1.   Reports on the progress of the Annual Plan are provided each quarter to the Council for noting.

2.2.    The 2023-24 Annual Plan has 83 major actions and initiatives listed. Implementation for the period 1 July to 30 September 2023 has seen 81 per cent of major actions and initiatives completed, in progress or on track – not started and 17 per cent are in progress but have met with some delay and 2 per cent are on hold.

2.2.1.   This is the first progress report of the 2023-24 financial year, as would be expected at the start of the year some actions have not yet been started but are scheduled to start later in the year.

3.       Recommendation

That the Council note the 2023-24 Annual Plan Progress Report for the period ending 30 September 2023, marked as Attachment A to this report.

4.       Background

4.1.    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 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.

4.1.1.   The 2023-24 Annual Plan includes actions that are planning for the future of Hobart to ensure long-term, transformative growth, the enhancement of community facilities and the development of some key strategies.

5.       Legal, Risk and Legislative Considerations

5.1.    The Annual Plan is prepared in accordance with section 71 of the Local Government Act 1993 and must be summarised in the Annual Report (section 72(1)(a) of the Act).

6.       Discussion

6.1.    The progress report provided at Attachment A, reports on the progress of the Annual Plan major actions and initiative for the period 1 July to 30 September 2023.  

6.1.1.   The 2023-24 Annual Plan has 83 major actions and initiatives listed. Implementation for the period 1 July to 30 September 2023 has seen 81 per cent of major actions and initiatives completed, in progress or on track – not started, 17 per cent are in progress but have met with some delay and 2 per cent are on hold.

This is the first progress report of the 2023-24 financial year, as would be expected at the start of the year some actions have not yet been started but are scheduled to start later in the year.

7.       Capital City Strategic Plan

7.1.    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 2023 including best practice, transparency and accountability to the community.

 

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

Acting Head of Intergovernmental Relations and Partnerships

 

 

Date:                        27 November 2023

File Reference:         F23/115457

 

 

Attachment a:           Annual Plan Progress 2023-24 period ending 30 September 2023 (Supporting information)    


Item No. 12

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

12.     Doone Kennedy Hobart Aquatic Centre - Warm Water Pool Project Update

          File Ref: F23/124510

Report of the Director City Futures of 6 December 2023.

Delegation:               Council


Item No. 12

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Doone Kennedy Hobart Aquatic Centre - Warm Water Pool Project Update

REPORT PROVIDED BY:   Director City Futures

 

1.       Report Summary

1.1.    This report provides an update to elected members on the Doone Kennedy Hobart Aquatic Centre (DKHAC) Warm Water and Wellness Centre Project since Council’s last deliberation on the matter on 25 September 2023 at which it resolved:

That:

1.   Council continue to lobby the funding partners and stakeholders to retain existing grant funding and seek additional funding opportunities for the construction of the Warm Water Pool and Wellness Centre.   

2.   In the event the additional required funding for the Warm Water Pool and Wellness Centre project is not forthcoming from the Federal and State Governments by 30 November 2023, then the Council formally advise the Federal and State Governments that it is not able to proceed with the project at this stage.

3.   Should the project not proceed then funding to replace critical assets at risk of failure or non-compliance that were to be replaced by the completion of the Wellness Centre, be considered for funding in the 2024-25 budget. 

1.2.    The timeframe to secure the necessary additional funding as resolved by Council has expired.

1.3.    Since the above resolution several letters of support for the project have been received from various peak bodies and elected members at both State and Federal Government level.  The Commonwealth Government has also advised that the $3.4 million of grant funding through the Building Better Regions Funds (BBRF) Round 5 deadline for fully expending the grant money has been extended for a further 12 months to 31 December 2024.

1.4.    Notwithstanding the above, no further funding has been forthcoming at this stage by either level of Government and the single tender for the construction has subsequently expired.  Given the uncertainty of the construction costs and what the current additional operational costs are likely to be it is recommended that a full costing review of the project is undertaken to ensure future funding requests are appropriate and the impact on the Council’s constrained operational budget is fully understood. 

2.       Key Issues

2.1.    The key issues in relation to the project include:

2.1.1.   The warm water pool project at the Doone Kennedy Hobart Aquatic Centre was instigated by the Council as it would provide significant social and health benefit for both the immediate City of Hobart community and that of the wider region.  These benefits have been recognised with funding support by both State and Federal Governments. 

2.1.2.   The single compliant tender significantly exceeded the funding available to the Council to undertake the project.  While the work undertaken to date to develop the project to the tender stage still affords the Council with the opportunity to progress the project it is appropriate for a review of the costings both construction and operational be undertaken before future funding bids are pursued. This should ensure the funding requests fully account for shifts in market conditions and importantly the operational cost implications are fully factored into the Council’s future budget considerations. 

 

3.       Recommendation

That:

1.   The Council advise both the Federal and State Government that it is not able to proceed with this proposal Warm Water and Wellness Centre project at the Doone Kennedy Aquatic Centre at this stage.

2.   A cost review of the project be conducted to establish a robust figure that the Council can consider for future funding and advocacy requests for the project both for constructing and operating the facility. 

(i)   A further report be provided to the Council following completion of the project cost review. 

 


 

4.       Background

4.1.    In 2017 in recognition of the need to modernise and upgrade the DKHAC the City developed a Redevelopment Masterplan for DKHAC to guide future projects and investments in a strategic and integrated manner.

4.2.    The warm water pool and wellness centre is a key element of the Redevelopment Master Plan and will substantially increase access to warm water programs and associated hydrotherapy services in southern Tasmania.

4.3.    The design incorporates a large warm water pool, consultation rooms, accessible change rooms, spas, sauna, stream room, a dedicated ‘Changing Places’ facility and a separate entry and exit in proximity to a new accessible car park.

4.4.    The project is an extension to the existing DKHAC building and is proposed to address a recognised community need for hydrotherapy and rehabilitation services in the Southern Tasmania region. 

4.5.    On completion it is expected to significantly improve capacity for rehabilitation, treatment and prevention pathways and training as the only public, purpose-built of this size in the southern region.

4.6.    Investment in this project is expected to deliver the following outcomes:

4.6.1.   Improved quality of life: The project will improve the quality of life for our community that were previously unable to access appropriate facilities.

4.6.2.   Cost savings to health system: Those who get access to treatment are likely to live healthier lives and reduce the burden on the health system in future years

4.6.3.   Improved education, training and employment outcomes for Tasmania: In the context of a state-wide shortage of qualified therapists with practical experience in hydrotherapy, the expanded facility will play a role in building capability in training new practitioners and support workers to deliver targeted programs. The value-add enabled by the new facility would represent an ongoing benefit to the region.

4.6.4.   Free up capacity in existing pools: The project will enable the CoH to relocate users/programs from the existing pools to the proposed warm water pool, and from this additional capacity will emerge new opportunities for pool users.

4.6.5.   Increased opportunities for community collaboration and partnerships in the region for training, programming and health services, including with local councils, the Tasmanian Government, University of Tasmania, and the health, disability and education sectors.

4.6.6.   Increase safety and compliance for the Centre in complying with the requirements of the Disability Discrimination Act through improvements to carparking, building access, a dedicated 'Changing Places' facility, and overall accessibility improvements.

4.6.7.   Enhancing social inclusion in the community through improved access to facilities, strengthening community relationships, improving community connectivity and networking, creating a safe place with appropriate privacy and access provisions, reducing isolation, particularly following the isolating impacts of COVID-19, and building resilience.

4.6.8.   Diversified program offerings and increased capacity for the Centre to address the needs of the changing regional demographics, including meeting the needs of people living with disability, the ageing population, and population growth in the wider Southern Tasmania region.

4.7.    The warm water pool project has been developed over the past four years with significant input and consultation from stakeholders and users, and has strong support from disability organisations, service providers, and the education and health sectors.  Letters of support provided as part of the original funding application provide clear evidence of the community need for the facility.

4.8.    The City of Hobart was successful in receiving funding in 2018 and 2022 from both the Tasmanian and Australian Governments to construct a new warm water pool and wellness centre to provide hydrotherapy and rehabilitation services for those with disabilities and injuries at the DKHAC.

4.9.    The initial cost estimate for the project was $7.55 million, made up of $1.5 million from the City of Hobart, $3.4 million from the Australian Government and $2.65 million from the Tasmanian Government (the remainder of an original $3 million 2018 election commitment after an initial $350,000 was released to Council for initial planning activity).

4.10.  Following a thorough design process, the City went to market via an open tender process earlier this year. The tender resulted in one submission, with the price tendered approximately $14.2 million, which was in excess of the project budget and available funding.

4.11.  Throughout the project lifecycle Council has undertaken regular design and cost reviews to optimise the investment and refine the cost estimate to obtain the necessary funding.

4.12.  However, other than changing the scale of the facility, there are limited opportunities to reduce the project cost.

4.13.  Without new new external funding the warm water pool project cannot proceed and the opportunity to deliver the project within the foreseeable future will be lost.  The detail design undertaken to date will however not be lost and accordingly would form the basis of future funding requests should the Council wish to do so. 

4.14.  The City of Hobart has already invested a significant amount of funding over the years towards the redevelopment of the DKHAC and is committed to updating the facilities to ensure it meets community expectations and growing demand.

4.15.  Critical and important customer experience and wellness assets that were to be replaced by the wellness centre are expected to fail if funding is not allocated to repair or replace them.  Asset renewal funding for these facilities will be considered in the development of the 2024/25 budget and discussions with funding partners will be initiated to establish whether some of the original funding can be reallocated to these upgrades. 

5.       Discussion

5.1.    The key issues noted at the beginning of this report include the ongoing shortfall in the funding for the warm water pool project and the passage of time since that leaves a degree of uncertainty as to what funding is necessary to construct the facility and importantly to establish what the additional ongoing operational costs that the Council maybe exposed to. 

5.2.    It is therefore prudent that the Council review these costs to ensure future funding requests and the ongoing operational costs are fully considered in future financial years and to report the outcome of this analysis back to the Council. 

5.3.    This review should provide the Council with greater assurance that any future funding bids for the project will meet the full cost of the project and that any ongoing operation cost to the Council is understood.

6.       Hobart: A Community Vision For Our Island Capital

6.1.    Strategic alignment with the Community Vision in relation to this project aligns with Pillars 1, 2 and 4.

7.       Capital City Strategic Plan

7.1.    Alignment with the City of Hobart Strategic Plan 2019-2029 is outlined includes:

Pillar 1 – Outcome 1.3 In City decision-making, we consider how different aspects of Hobart life connect and contribute to sense of place.

Strategy 1.3.3 - Measure, manage and support the effective use of city facilities, infrastructure and open spaces.

Pillar 2 – Outcome 2.3 Hobart communities are active, healthy and engaged in lifelong learning.

Strategy 2.3.1 - Provide and progressively enhance a range of quality places and facilities where people can enjoy education, recreation, socialising, healthy living and other activities and events.

Strategy 2.3.2 - Progressively enhance the City’s sporting and recreational infrastructure, including the Doone Kennedy Hobart Aquatic Centre.

Pillar 4 – Outcome 4.1- Hobart’s economy reflects its unique environment, culture and identity.

Strategy 4.1.6 - Support local businesses and enterprises working to find innovative solutions to significant challenges.

8.       Financial Viability

8.1.    Funding Source and Impact on Current Year Operating Result

8.1.1.   This has been covered within the issues and discussion sections of this report. 

8.2.    Impact on Future Years’ Financial Result

8.2.1.   This has been covered within the issues and discussion sections of this report.

8.3.    Asset Related Implications

8.3.1.   This has been covered within the issues and discussion sections of this report.

9.       Community Engagement

9.1.    Key stakeholders were formally consulted in 2017 on the DKHAC Redevelopment Masterplan.

9.2.    In 2020, key stakeholders were engaged with to discuss support the warm water pool and wellness centre funding submission and were invited to provide letters of support.

9.3.    In addition, letters and comments were received from the wider community supporting the construction of the warm water pool and wellness centre.

9.4.    Key stakeholders have recently been communicated with to re-engage with the project and were provided a status update with several writing letters of ongoing support.  They also engaged in media activities to advocate for the project.

9.5.    It will be necessary to continue to keep these stakeholders informed on the status update of the project at key stages and continue advocacy efforts for future funding opportunities.

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.

 

Neil Noye

Director City Futures

 

 

Date:                        6 December 2023

File Reference:         F23/124510

 

 

 


Item No. 13

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

13.     Proposed Expansion - Sandy Bay Croquet Club

          File Ref: F23/104912

Report of the Program Leader Sport and Recreation and the Director City Futures of 27 November 2023.

Delegation:               Council


Item No. 13

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Proposed Expansion - Sandy Bay Croquet Club

REPORT PROVIDED BY:   Program Leader Sport and Recreation

Director City Futures

 

1.       Report Summary

1.1.    The purpose of this report is to consider a request from the Sandy Bay Croquet Club (SBCC) for in-principle approval to expand their facility.

1.2.    SBCC are a growing Club with an increasing membership.  The current footprint no longer meets the demand for the Club and as such a fourth lawn is required to ensure the demand into the future is met.

2.       Key Issues

2.1.    The Sandy Bay Croquet Club is built on land owned by the Council, but under lease to the Club until November 2023, however there is a further five (5) year option which the Club has requested.

2.2.    The Club currently has a clubhouse with well maintained facilities with three (3) croquet lawns.

2.3.    Due to the nature of the sport only eight (8) players can player on a croquet lawn at the one time.  The Club has 105 members and have had to cap it at that number – there is currently a waiting list to join the Club.

2.4.    The Club is directing new membership in enquiries to other Clubs which do have the capacity, however this means players potentially have to travel and some are not willing to do so so don’t participate.

2.5.    The Club have developed a concept plan for expansion of the Club to allow for a fourth croquet lawn.  The project would involved replacing the Club house and re-directing Sandown Avenue.

2.6.    It is proposed, that should landlord approval be granted for this concept, that the Club will look at funding opportunities for the project.  As this is a concept only there is no estimated cost available, however it is anticipated that it will be significant.

 

3.       Recommendation

That:

1.     In-principle landlord approval be provided to the Sandy Bay Croquet Club for it to progress more detailed design and consultation of the facility as per the concept plan outlined in section 4.10 of this report.

2.     At the point of completion of more detailed concept plans that the Club undertake community consultation that shall include residents of nearby streets, users of the Oval and nearby businesses.

3.     At the completion of more detailed designs and community engagement on these designs, a further report be presented to Council for consideration of the proposal.

4.     All cost for works associated with the project be met by the Sandy Bay Croquet Club, via club funds or obtained grants.

5.     Any loss of trees be replaced at a ratio of two new trees planted for each tree lost.  The plantings are to occur in the general area and are to be to the satisfaction of the Director City Life.

 

4.       Background

4.1.    The Sandy Bay Croquet Club (SBCC) have been located at their premises on the corner of Long Point Road and Sandown Avenue, Sandy Bay since 1918.

4.2.    The Club and Council both contributed to the initial construction of the lawns and clubhouse, however in recent years all expenditure at the premises has been provided by SBCC.

4.3.    SBCC have proven to be an excellent tenant who take great pride in their premises.

4.4.    The current lease over the property expires in November 2023, however there is a further five (5) year option that the Club has requested.  Given the Club are meeting all obligations under the current lease the option will be approved by officer.

4.5.    The area currently under lease is shown on the aerial photo below:

4.6.    In recent years club membership has increased to the point where earlier this year the Club has had to cap numbers to ensure members can access lawns.  With only eight (8) players being able to participate at any one time on each lawn, the maximum players the club can accommodate is 24 at any given time.

4.7.    The fourth lawn will also decrease the high load on the existing lawns which require extensive renovation and maintenance each year.

4.8.    The Club provide community use of lawns including work related events, the City’s Healthy Hobart program and school groups.

4.9.    The National Croquet Championships are rotated amongst the States of Australia.  Whilst Tasmania has hosted the event twice in the past twenty years, due to the shortage of croquet facilities and the requirement for Clubs to provide four (4) lawns on each occasion the championships have had to rely in bowls clubs (which is becoming more challenging with the increase in synthetic greens) and areas on exist Ovals marked. 

4.10.  To try and meet the current demand and allow for some expansion of membership into the future the SBCC are proposing an ambitious expansion of the Club to include a fourth lawn.  A high level sketch of the proposal is shown below.

4.11.  The proposal would involve partial demolition of the existing clubhouse, expansion into the nearby Council reserve, as well as re-directing Sandown Avenue around the footprint of the proposed lawn.

4.12.  Internal consultation has occurred with both the City Mobility and Road Services who are happy to support the proposal in principle.  However, it has been made clear to the SBCC that the asset life for the road and any other affected infrastructure is still considerable and as such the City won’t be in a position to financially contribute to the works.

4.13.  It is noted there will be some loss of trees from the adjacent reserve.  There will be a required for the SBCC to fund the replacement of two trees for each tree lost to be planted at a location acceptable to the City’s arboriculture team.

5.       Legal, Risk and Legislative Considerations

5.1.    Any alterations to the lease footprint will require consultation under the Local Government Act 1993.

5.2.    Any alterations to the road alignment are likely to require approval under the Roads and Jetties Act 1935

6.       Discussion

6.1.    The report is proposing that in-principle landlord approval be granted for the extension of the Sandy Bay Croquet Club to allow for the construction of a fourth lawn.

6.2.    Final landlord approval for the concept shall be considered after detailed plans are completed.

6.3.    Interdivisional consultation has occurred with the City Mobility, Road Services and Open Space teams, who hold no objections to the proposal, subject to conditions.

7.       Capital City Strategic Plan

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

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

8.       Financial Viability

8.1.    Funding Source and Impact on Current Year Operating Result

8.1.1.   There will be no impact on the City’s budget.

8.2.    Impact on Future Years’ Financial Result

8.2.1.   There will be no impact on the City’s budget.

8.3.    Asset Related Implications

8.3.1.   The proposal should it proceed will likely require the disposal of City assets prematurely. It has been made clear to the SBCC that the City will have no funds to contribute to the project.

9.       Community Engagement

9.1.    A condition of approval will be that the Club is required to undertake community engagement when the plans are developed further.

 

 

 

 

 

 

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

 

Shannon Avery

Program Leader Sport and Recreation

Neil Noye

Director City Futures

 

Date:                        27 November 2023

File Reference:         F23/104912

 

 

 


Item No. 14

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

14.     Lease Arrangements - 22 Creek Road, Lenah Valley

          File Ref: F23/116135

Report of the Manager Community Programs and the Acting Director Connected City of 5 December 2023 and attachments.

Delegation:               Council


Item No. 14

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Lease Arrangements - 22 Creek Road, Lenah Valley

REPORT PROVIDED BY:   Manager Community Programs

Acting Director Connected City

 

1.       Report Summary

1.1.    This report presents a proposal to undertake an Expression of Interest (EoI) process to identify a new tenant for 22 Creek Road, Lenah Valley (the property) following advice that the current tenant, New Town Senior Citizens Club are seeking to hand back their lease and vacate the facility.

2.       Key Issues

2.1.    The New Town Senior Citizens Club (NTSSC) have requested to vacate the premises at 22 Creek Road, Lenah Valley. Their letter of advice is shown at Attachment A.

2.2.    The property, which is located in the midst of a community and recreational precinct in Lenah Valley, has been tenanted by the New Town Senior Citizens Club since 1982 at a peppercorn rental.

2.2.1.   The current 50 year lease does not expire until 2048 however NTSSC has advised that they no longer have the volunteer capacity to keep effectively operating the facility.

2.3.    It is proposed to undertake a formal EoI process for the leasing of this community property.

2.4.    The EoI process is a transparent process that will maximise community benefit resulting from the use of this property by an appropriate community, cultural or recreationally focussed organisation.

2.5.    Given the proximity of the property to a range of other community, recreational and educational facilities and venues, it is considered that there would be considerable interest in the facility from a variety of sectors of the community. 

3.       Recommendation

That:

1.     The Council approve the commencement of an Expression of Interest process to identify a new tenant or tenants for the City owned facility at 22 Creek Road, Lenah Valley.

2.     A further report detailing the outcomes of the Expression of Interest process be presented to the Council in due course.

 

 

4.       Background

4.1.    The property is located in the midst of an extremely active and well utilised community and recreational precinct opposite the Lenah Valley Primary School, next to John Turnbull Park.

4.2.    The facility comprises a meeting room, toilet facilities (including a non-compliant accessible toilet), a well appointed kitchen, a large multi purpose/dining room, storerooms, and a large recreation and activity space.

4.3.    A recent external upgrade to the front entry of the hall by the City has improved accessibility however the facility does not meet current accessibility standards.

4.4.    The New Town Senior Citizens Club, which established the facility through fundraising activities in 1982, wrote on 4 October 2023 informing the Council that they wish to give up the lease of the building. This was due to their unsustainable financial situation and a drop in membership. (Attachment A)

4.4.1.   Council staff have previously met with the club’s management committee to discuss ways to support them to secure their financial situation, however they have decided that it would be in their best interest to forego the lease of the facility noting the heavy reliance on a small team of volunteers and concerns regarding sustainability.

4.4.2.   A follow up email from NTSSC representatives dated 8 November 2023, confirmed that they plan to vacate the premises on 25 January 2024.

4.5.    In their letter to the Council, the club requested consideration for their ongoing weekly use of the facility for their bowls matches as well as for other ongoing regular hirers, but understand that this may not be possible, depending on which organisation secures the lease.

4.6.    It is acknowledged the long-term value that the NTSSC volunteers have provided to the community offering social connections and wellbeing activities to older residents for many years.

5.       Legal, Risk and Legislative Considerations

5.1.    The EoI process will be managed by staff within the Community Programs Unit of the Connected City Division, in collaboration with staff from the Corporate Governance Unit of the City Enablers Division.

6.       Discussion

6.1.    It is considered that an EoI process would provide a transparent and open opportunity for community organisations to register an interest in occupying the facility.

6.2.    Anecdotal information indicates that there is a shortage of office and activity space in the Hobart area for community groups and organisations to occupy.

6.3.    A draft Expression of Interest Information Document has been developed as part of the process and the EoI opportunity would be promoted broadly through print media, social media and through community networks. The draft EoI document is shown at Attachment B.

6.4.    A commercial valuation of the property will be undertaken, which will inform the final EoI document, and identify the current rental value of the property.

7.       Hobart: A Community Vision For Our Island Capital

7.1.    The continued operation of 22 Creek Road as a community facility reflects the following objectives within the ‘Hobart: A Community Vision for Our Island Capital’.

‘2.3.1 Enhanced by its human scale, Hobart thrives on connectedness—to each other, our places and spaces, our services and activities. We create opportunities for new connections to develop.’

‘2.4.3 We value learning at all ages and stages of life’.

‘2.5.3 Our natural and built spaces and facilities enable activity and support and enhance our health and wellbeing.’

‘3.2.2 We are a centre for cultural services.’

8.       Capital City Strategic Plan

8.1.    The continued operation of 22 Creek Road as a community facility reflects the following objectives within the ‘Capital City Strategic Plan 2019 – 2029’.

‘1.3.3 Measure, manage and support the effective use of city facilities, infrastructure and open spaces.’

‘2.3.1 Provide and progressively enhance a range of quality places and facilities where people can enjoy education, recreation, socialising, healthy living and other activities and events.’

          ‘3.1.1 Support Hobart’s continued evolution as a creative and culturally engaging capital city, with a focus on community, accessibility and creative potential.’

          ‘3.4.1 Support the activation of City-owned spaces for creative, cultural and commercial initiatives.’

9.       Financial Viability

9.1.    Funding Source and Impact on Current Year Operating Result

9.1.1.   The current lessee pays a peppercorn rent so there will be no loss of income to Council as a result of the facility being vacant during this financial year.

9.1.2.   As previously indicated a new rental valuation for the property is to be undertaken.

9.1.3.   Depending on the new rental valuation and the lease agreement with any new tenant, there is the potential for the City to receive increased income from this facility. 

9.2.    Impact on Future Years’ Financial Result

9.2.1.   Any negotiation with a prospective tenant has the potential to increase the rental amount. This may include an offset as approved by Council in lieu of identified community benefit, in-kind services or program delivery that the new tenant may provide.

9.3.    Asset Related Implications

9.3.1.   It is anticipated that the current asset management arrangements will continue with the City responsible for asset replacement and the lease holder responsible for internal and external maintenance.

10.     Communications Strategy

10.1.  As part of the EoI process the opportunity to lease the building will be promoted widely through the City’s extensive community networks, in print media and online.

11.     Collaboration

11.1.  Legal and Governance staff have been consulted during this process and the drafting of 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.

 

Kimbra Parker

Manager Community Programs

Felicity Edwards

Acting Director Connected City

 

Date:                        5 December 2023

File Reference:         F23/116135

 

 

Attachment a:           New Town Senior Citizens Club Return of lease letter (Supporting information)  

Attachment b:           DRAFT EOI document 22 Creek Road (Supporting information)    


Item No. 15

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

15.     Family Friendly City Update

          File Ref: F23/122795

Report of the Community Programs Coordinator, the Acting Director Connected City and the Director City Futures of 6 December 2023 and attachments.

Delegation:               Council


Item No. 15

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Family Friendly City Update

REPORT PROVIDED BY:   Community Programs Coordinator

Acting Director Connected City

Director City Futures

 

1.       Report Summary

1.1.    At its meeting of 23 January 2023, with regard to a Notice of Motion tabled by Councillor Elliot regarding a Family Friendly City, and subsequent discussion about amendments to the Notice of Motion, Council resolved that:

‘the matter of the motion and proposed amendments discussed, be referred to a workshop.’

1.2.    This report provides an update of the activities that have been undertaken by the City that relate to the matters raised in the Notice of Motion. The report also references a presentation and discussion that was undertaken at the Elected Member Retreat held from Friday 20 to Saturday 21 October 2023.

1.3.    This report acknowledges that an Elected Member Workshop, as per the Council resolution, will be scheduled for the first half of 2024.

1.4.    This report is provided for noting by Council.

2.       Recommendation

That:

1.     The Council receive and note the report titled the ‘Family Friendly City Update’.

2.     The Council note that an Elected Member Workshop on the Family Friendly CBD Notice of Motion, and amendments to the Notice of Motion, will be scheduled for the first half of 2024.

3.       Background

3.1.    At its meeting of 23 January 2023, a Notice of Motion from Councillor Elliot was tabled, vis.

‘That the Council require a report on the development of a strategy and action plan that focuses on enhancing the family-friendly nature of the CBD and that actions within the strategy include:

transforming the Wellington Court area into a space for families and others to enjoy, including modern, architectural play equipment, green space, and ample shade and places to sit and

a review of the CBD’s parenting facilities, including relocation of the parenting facility currently located on the first floor of Argyle Street Carpark to ground level and easily accessible off Wellington Court.’

3.2.    The following amendment was proposed to be added to the original motion but was not adopted due to a procedural motion to defer,

‘That a further report be urgently provided to Council outlining solutions to respond to increasing antisocial and violent behaviour in the CBD

(i) That the report consider possible solutions such as the redevelopment of Wellington Arcade, as well as the reintroduction of increased security and or social outreach teams to patrol the area.’

3.3.    The Council resolved that,

‘the matter of the motion and proposed amendments discussed, be referred to a workshop.’

3.4.    The original Notice of Motion and Administrative Response is included at Attachment A.

3.5.    Considerable work has been undertaken by the City in relation to increasing the ‘family friendly’ nature of the Hobart CBD.

          Enhancing the family-friendly nature of the CBD & transforming the Wellington Court area into a space for families.

3.6.    The City has undertaken various activities that has informed public domain projects and could inform future approaches to redefining Hobart as a family-friendly city.

3.6.1.   A 2010 report by Jan Gehl and Associates, titled Public Spaces and Public Life – A City with People in Mind, identified that Hobart lacked public spaces that were attractive for children and their caregivers.

3.6.2.   Imagine, Build, Play (2013), initiated by the City of Hobart and funded by the Tasmanian Early Years’ Foundation, engaged community artists to work with children, adults and community organisations to explore the idea of a child friendly Hobart.

3.6.2.1.     A Child Friendly Hobart, the outcome of the above initiative, identified a number of core ideas as to what a child friendly Hobart could look like.

3.6.3.   Stage 1 of the Collins Court redevelopment was completed in 2016, with the proposal for Stage 2 (future works) including a playful, sculptural octopus by Ben Gilbert from Agency of Sculpture, which will be visually appealing and safe for play. A range of other improvements are also proposed, including improved accessibility, lighting, and wayfinding.

3.6.3.1.     This directly builds on the core ideas identified in A Child Friendly Hobart.

3.6.4.   In addition to the above, as part of an ongoing range of ‘Speculate’ projects between the City and UTAS, the City worked closely with the UTAS School of Architecture and Design in 2014, undertaking research to create an understanding of how the development of city spaces can become places of play for a child and therefore create a feeling of engagement.

3.7.    Further to the above, work delivered by the City within Wellington Court has more recently focused on activating the space, socially and economically, as well as working with other community and business partners to put in place measures that aim to address the antisocial behaviour.

3.8.    Key aspects of this work include.

·    Increased security.

·    Entertainment and recreation initiatives that encourage interaction.

·    Alterations to infrastructure to increase safety and amenity.

·    Collaboration with community stakeholders to engage with young people in a positive way.

3.9.    The information found within Attachment B to this report provides a detailed outline of these recent approaches and actions.

Review of the CBD’s parenting facilities including relocation of the parenting facility currently located on the first floor of Argyle Street

3.10.  City Officers have advised that:

3.10.1.  Due to the requirement to locate the two underground rubbish compactors adjacent to the public facilities building, it is currently not possible to locate the parenting room on the ground floor of the Argyle Street Car Park.

3.10.2.  Due to the adjacent public walkway, it is not considered practical to have a parenting room on the ground floor, as this location does not provide the appropriate level of privacy or calming space that a parenting room needs.

3.10.3.  The current location of the parenting room on the first floor of the Argyle Street Car Park maximised the opportunity to provide a higher standard of amenity, including the provision of a toilet with a baby WC, shower, and changing places.  

3.10.4.  The Argyle Street Car Park lifts have recently been upgraded, significantly improving access to the first floor and the parenting room.

          Elected Member Retreat – Presentation and Discussion

3.11.  A presentation and discussion were undertaken by Elected Members during the Elected Member Retreat of 20 – 21 October 2023.

3.11.1.  The presentation and post-presentation report, as provided by the facilitator Dr Simon Spain, are included at Attachment C and D.

3.12.  The post-presentation report shows that there was a strong consensus amongst Elected Members on the importance of creating a truly "family-friendly" city.

3.13.  Key themes explored in the session included.

·   Spaces for Play and Exploration

·   Engaging City Infrastructure

·   Inclusivity and Accessibility

·   Digital Integration and Learning

·   Engagement, Community, and Partnerships

·   Safety, Security, and Transport

·   Review, Audit, and Enhancement

3.14.  Considerable further work needs to be undertaken to explore each of these themes in greater detail, in order to identify and develop specific actions that the City wishes to pursue in relation to each of these themes.

3.14.1.  Any such work would need to be undertaken with reference to existing strategic and capital works priorities and within current budgetary constraints.

3.14.2.  It is proposed that this will be addressed at an Elected Member Workshop to be held in the first half of 2024.

4.       Legal, Risk and Legislative Considerations

4.1.    The City has a responsibility to ensure the safety of the community, particularly within our public spaces, as much as possible.

4.2.    Work to increase the family friendly nature of our public domain has a direct positive impact on safety, perceived and actual, and helps to increase the community’s sense of belonging.

5.       Hobart: A Community Vision For Our Island Capital

5.1.    The work undertaken by the City to date aligns with the following Pillars within the Community Vision:

1.3.3    We create and retain spaces where people feel connected with Hobart, each other and the environment, where we are safe, engaged and inspired.

1.3.6            People want to spend time in our city because it is comfortable, safe and wonderful. Our visitors feel a sense of friendliness and magic that they miss when they leave.

2.6.3    We are a safe city, where everyone feels safe and is safe,     including in public spaces. We look after each other.

3.5.1     We find creative uses for our civic and heritage spaces, and these spaces support our creativity. Vibrant civic spaces and infrastructure make daily life a creative act. We keep our historic places alive, for the people.

3.5.3     We use our public and empty spaces to host and fund regular events and activities.

5.2       We incorporate culture, recognition of our history and story-telling into our public spaces and significant private developments, inspiring spontaneous and planned creativity and performance.

7.2.5     Public spaces are included in developments, in support of our human needs and wellbeing and the cohesion of our city.

6.       Capital City Strategic Plan

6.1.    The work undertaken by the City to date aligns with the following Outcomes within the Capital City Strategic Plan 2023:

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

1.2.2         Ensure City place-making planning and initiatives embody civic pride by reflecting community values and the character of local neighbourhoods.

2.3       Hobart communities are active, have good health and wellbeing and are engaged in lifelong learning.

2.3.2         Provide and progressively enhance a range of accessible quality places, facilities and infrastructure that support healthy living and where people can enjoy social, education and recreation activities and events.

2.4       Hobart communities are safe and resilient, ensuring people can support one another and flourish in times of hardship.

2.4.2         Ensure that Hobart is a safe and liveable city by enhancing community wellbeing and public safety and security

3.3       Everyone in Hobart can participate in a diverse and thriving creative community.

3.3.1         Provide affordable, inclusive and accessible opportunities for community members to engage in arts and culture.

3.4       Civic and heritage spaces support creativity, resulting in a vibrant public realm

3.4.1         Support the activation of City-owned spaces for creative, cultural, community and commercial initiatives.

3.4.2         Activate public spaces and venues, to benefit the community and business sector through changes to infrastructure, public art, performances, events, festivals and markets.

3.4.3         Support and encourage initiatives to incorporate public art into public, private and commercial developments.

7.       Financial Viability

7.1.    Funding Source and Impact on Current Year Operating Result

7.1.1.   The recommendations of this report have no impact on the current year’s operations.

7.2.    Impact on Future Years’ Financial Result

7.2.1.   The recommendations of this report have no known impacts on future years’ financial results.

7.3.    Asset Related Implications

7.3.1.   The recommendations of this report have no asset related implications.

7.4.    Outcomes of the Elected Member Workshop may have financial and asset related considerations.

8.       Collaboration

8.1.    It is anticipated that the outcomes of the Elected Member Workshop and subsequent future work may require collaboration with the local community, businesses and consultants.

 

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.

 

Mark Joseph

Community Programs Coordinator

Felicity Edwards

Acting Director Connected City

Neil Noye

Director City Futures

 

 

Date:                        6 December 2023

File Reference:         F23/122795

 

 

Attachment a:           Notice of Motion and Administrative Response - 23 January 2023 (Supporting information)  

Attachment b:           Wellington Court Refresh Project (Supporting information)  

Attachment c:          EM Retreat Presentation (Supporting information)  

Attachment d:          EM Retreat Post-Presentation Report (Supporting information)    


Item No. 16

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

16.     Business Events Tasmania Annual Funding Submission 23-24

          File Ref: F23/125277

Report of the Manager Smart Economy and the Acting Director Connected City of 6 December 2023 and attachment.

Delegation:               Council


Item No. 16

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Business Events Tasmania Annual Funding Submission 23-24

REPORT PROVIDED BY:   Manager Smart Economy

Acting Director Connected City

 

1.       Report Purpose and Community Benefit

1.1.    This report has three purposes:

1.1.1. To present Business Events Tasmania’s performance during 2022-23 against items set out in the 2022 Grant Agreement.

1.1.2. To provide Business Events Tasmania’s funding submission for the financial year 2023-24 (Attachment A).

1.1.3. To seek endorsement of funding via the creation of a Grant Agreement to govern the relationship between the City of Hobart and Business Events Tasmania (BET) for the financial year 2023-24.

2.       Report Summary

2.1.    The City of Hobart (the City) has supported Business Events Tasmania (BET) financially since 2009.

This support is based on the continued achievements of BET in attracting business events to Hobart. Business events delegates are the highest spending type of visitor and often visit cities during off-peak times.

2.2.    BET’s activities provide far reaching benefits:

·    Boost to the local economy via spending power of delegates.

·    Economic activity beyond measurable metrics, including knowledge creation and exchange, as well as future investment.

·    Increasing activity within valuable trade sectors, delivering economic benefits beyond visitation dollars.

·    Added population and vibrancy in the city year-round.

2.3.    BET is well positioned to attract interstate business events looking for attractive destinations closer to home.

2.4.    In the 2022-23 financial year, BET generated an estimated $57,500,000 in direct economic expenditure for Hobart.

2.5.    BET is seeking $80,000 in support from the City for the financial year 2023-24. This request is based on discussions with the Smart Economy Unit and whilst is a lesser amount than the City has provided in recent years (Covid-19 pandemic aside) it has been determined as financially prudent, provides significant funding to BET and provides the City with value for money.

2.6.    A 12 month Grant Agreement is considered appropriate whilst discussions around potential future multi-year agreements are on hold.

3.       Recommendation

That:

1.     The Council note the achievements of Business Events Tasmania’s performance against the 2022 Grant Agreement with the City of Hobart as outlined in this report.

2.     The Council approve the provision of funding of $80,000 to Business Events Tasmania for the 2023-24 financial year.

3.     The Council delegate the authority to the Chief Executive Officer to negotiate and enter into the grant agreement on the Council’s behalf.

4.     The funding be attributed to the Smart Economy Budget Function within the 2023-24 Annual Plan.

5.     The total funding provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report.


 

4.       Background

4.1.    Business Events Tasmania (BET) is the peak organisation for the business events sector in Tasmania. BET is a not-for-profit member organisation that offers specialist bidding services taking a leading role in marketing Tasmania as a business event destination.

4.2.    Business events are defined as gatherings where professionals carry out business related activities, often from national and international associations, corporate organisations and event planners. These activities underpin knowledge creation and in exchange attract global talent, encourage trade and investment, nurture collaborate, foster innovation and provide social benefits.

4.3.    Research commissioned in 2022 by BET found the average daily spend per delegate whilst attending a conference in Tasmania to be between $821-$1347 which is three times that of a leisure traveller. These visitors also stay longer (4.7 nights on average) and 89 per cent intend to return to Tasmania for leisure in the following three years.

4.4.    The City has supported BET for over a decade. Since 2015-16, increases in funding have been in line with CPI.

Summary of Financial Support for Business Events Tasmania

2009-10

$60,000

2010-11

$65,000

2011-12

$80,000

2012-13

$90,000

2013-14

$90,000

2014-15

$92,500

2015-16

$93,300 plus $6,700 for feasibility study

2016-17

$100,000

2017-18

$102,300

2018-19

$104,200

2019-20

$105,555

2020-21

$53,728

2021-22

$109,355

2022-23

$114,932

2023-24

$80,000 (recommended)

4.4.1.   BET’s main performance indicator set by the City is ‘bid wins in Hobart’ (listed in the table below). Note that the ‘number of BET wins (target)’ refers to the number of bids won in any given financial year, to be delivered in the future.

Financial Year

City Funding

Number of BET Bid Wins (target)

Actual Bids Won

Delegates

Estimated Economic Impact

2017-2018

$102,300

70

76

18,471

$39,519,601

2018-19

$104,200

72

80

16,061

$39,422,802

2019-20

$105,555

74

80

16,725

$43,486,010

2020-21

$53,728

No target

50

12,321

$35,006,484

2021-22

$109,355

74

81

17,008

$53,344,041

2022-23

$114,932

74

96

17,118

$57,500,000

2023-24

$80,000

74

TBC

TBC

TBC

Performance in 2022-23

4.5.    The City and BET worked together to develop agreed collaboration activities for the 2022-23 financial year. The following sets out BET’s achievements over the last 12 months against these activities.

4.5.1.   Aim to secure 74 bids for events in the city.

In 2022-23 BET secured a total of 96 Bid Wins in Hobart, exceeding the KPI by 29.7%.

It should be noted that BET ‘bid won’ data only includes bids directly placed and won by BET. The activities carried out by BET in promoting Hobart as a business event destination also delivers business directly to the venues and the city.

4.5.2.   Promotional activities of Hobart as a conference destination and examples of credits.

Recovery for Regional Tourism Promotion Grant has funded campaign work to raise the profile of Hobart as an event destination.

In collaboration with Business Events Australia, key decision makers from Indonesian based corporations were hosted.

Increased digital marketing occurred to change audience composition and audience growth.

National trade shows were attended.

BET supported 28 site inspections of Hobart, providing event organisers and key decision makers the opportunity to visit venues and meet with suppliers before making a decision on where to hold their conference.

Quarterly BET magazine was distributed electronically nationally and internationally to event planners and key decision makers.

4.5.3.   Major achievements

Brand repositioning launched in September.

The launch of a new digital bidding tool and web platform.

The BET Visionary Program – Visionaries play an important role in securing strategic business events and include;

·    Karen Rees, Tasmanian Antarctic Advocate

·    Professor Gretta Pecl, Professor of Climate Change Ecology

·    Irene Penesis, Research Director at Blue Economy CRC

·    Professor Catriona Hurd, Professor of Seaweed Physiology and Ecology

·    Andy Flies, Postdoctoral research fellow – Immunology

·    Pat Wongpan- Quantitative Sea ice biogeochemist/ecologist

·    Sean Van Steel, Operations Director at Core Marine

·    Anne Gigney, Founder and Co-Director at The Distillers Institute

 

Hobart hosting business events that align with the City’s key industries and priority areas including but not limited to the following;

Australian Indigenous Doctors Association Conference

International Temperate Reefs Symposium

Australasian Marine Pilots Institute National Conference

Rural Medicine Australia Conference

Australian Primary Principals Association Conference

Australian Space Research Conference

Council of Managers of National Antarctic Programs (COMNAP) AGM and Symposium

Interferry Annual Conference

World Wind Energy Conference

Southern Ocean Observing Systems Symposium

Annual Funding Submission 2023-24

4.6.    BET has provided its Annual Funding Submission for the 2023-24 financial year (Attachment A).

4.7.    BET is requesting funding for the financial year 2023-24 of $80,000.

Grant Agreement Collaborative Activities 2023-24

4.8.    The collaborative activities for the 2023-24 financial year remain the same as the previous agreement. They are to:

·    Secure at least 10 strategically important conferences linking to topics or research, aligned to strategically important Council interest areas. These include but are not limited to International Education; Science, Tourism, Retail, Maritime, Antarctic or investment attraction, community and care services, and planning sectors.

·    Confirm at least 10 instances of the Council’s Tasmanian Travel and Information Centre being promoted to support tours or conference bookings  by BET

·    Confirm at least 10 instances of TTIC being promoted as a preferred booking agent to conference organisers  by BET

·    Provide 11 Monthly updates to council in a form agreed by both parties on possible collaborative marketing opportunities and business events bookings that can be shared with and for the benefit of the local Hobart Business Community

5.       Proposal and Implementation

5.1.    Should the Council support the recommendations in this report, arrangements will be made to provide the allocated funding for the financial year 2023-24 from the Smart Economy Budget Function.

6.       Hobart: A Community Vision For Our Island Capital

6.1.    The Council endorsed ‘Hobart: A community vision for our island capital’ sets out what our community wants Hobart to be in the future. Continuing support for BET is in line with the following Pillars within the Community Vision:

2.2.9     We welcome visitors, and we strike a balance between meeting the needs of tourists and the needs of our communities.

4.1.1     We are a city of thriving, diverse sectors that foster a culture of welcome and value unique and transferable skills.

4.1.2    We excel in niche industries and expertise and quality work.

4.3.8     We promote Hobart as a perfect environment for remote workers, sole traders and niche small business.

4.4.1            We enable clever and resourceful people to find each other and collaborate.

7.       Capital City Strategic Plan

7.1.    Continued financial support for BET meets several Strategic Directions, as outlined in the City of Hobart Capital City Strategic Plan 2019-29.

4.3       Diverse connections help Hobart’s economy, businesses and workers thrive

4.3.1                Develop and maintain relationships with key institutions and stakeholders in the Hobart economy

4.3.2                Actively support and engage with local area businesses, business groups and other business networks

4.4       Hobart is a place where entrepreneurs and businesses can grow and flourish

4.4.1                Create opportunities for businesses to engage with the City.

4.5       Hobart’s economy is strong, diverse and resilient.

4.5.2                Develop strategic relationships in major Hobart industries such as education, tourism, science, research and the public and creative sectors.

8.       Financial Implications

8.1.    Funding Source and Impact on Current Year Operating Result

8.1.1.   BET is seeking funding of $80,000 for the financial year 2023-24. This has been budgeted for in the Smart Economy Budget Function.

8.2.    Impact on Future Years’ Financial Result

8.2.1.   Not applicable

8.3.    Asset Related Implications

8.3.1.   Not applicable

9.       Legal, Risk and Legislative Considerations

9.1.    The nature of the relationship between the City and BET is one of mutual understanding and collaboration based on a successful relationship that has spanned many years.

9.2.    The relationship is governed by a collaboratively developed MOU (2022-25) that is non-legally binding.

10.     Environmental Considerations

10.1.  BET runs a fully digitalised marketing and PR collateral and activities. This includes a more interactive online version of BET’s Planners’ Guide.

10.2.  BET no longer has delegate satchels available for conference organisers and recommend organisers move to more sustainable practices.

10.3.  Utilising strong lines of communications and relationships with event organisers and accommodation providers, BET actively encourages sustainability practices.

10.4.  Sustainability is a core value for the organisation, and a priority for the coming year is a focus on developing social responsibility programs which may include Bushcare, Landcare and social service charity support.

11.     Delegation

11.1.  This matter is delegated to the Council.

 

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

 

Nick Andrew

Manager Smart Economy

Felicity Edwards

Acting Director Connected City

 

Date:                        6 December 2023

File Reference:         F23/125277

 

 

Attachment a:           BET Funding Submission 2023-24 (Supporting information)    


Item No. 17

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

17.     2023-24 Fees and Charges - New and Amended Fee for Community Liability Pack

          File Ref: F23/119124

Report of the Manager Rates, Procurement and Risk and the Director City Enablers of 27 November 2023.

Delegation:               Council


Item No. 17

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                2023-24 Fees and Charges - New and Amended Fee for Community Liability Pack

REPORT PROVIDED BY:   Manager Rates, Procurement and Risk

Director City Enablers

 

1.       Report Summary

1.1.    The purpose of this report is to seek approval to amend a fee and introduce a varied fee in the City’s fees and charges booklet 2023-24.

1.2.    These fees relate to the City of Hobart’s Community Liability Pack, which is an insurance policy taken out for the purpose of extending cover to uninsured hirers of Council owned or controlled facilities and participants in Council run events.

2.       Key Issues

2.1.    The City of Hobart takes out an insurance policy each year called the Community Liability Pack.  The Community Liability Pack insurance policy enables uninsured persons or groups who hire or use Council owned or controlled facilities and participants in Council run events to purchase public liability insurance at an affordable cost, when required.  

2.2.    The Community Liability Pack insurance policy for 2023-24 has been renewed and as a result amendments are required to the current fees for this insurance in the City’s fees and charges booklet 2023-24.

3.       Recommendations

That:

1.     The Council approve a new fee in its 2023-24 fees and charges to reflect Part A of the City’s Community Liability Pack insurance policy for uninsured hirers of Council owned or controlled facilities, being $14.35 (incl GST).

2.     The Council amend its existing fee in its 2023-24 fees and charges booklet for Part B of the City’s Community Liability Pack insurance policy for uninsured hirers from $28.90 (incl GST) to $33.95 (incl GST) to reflect the Community Liability Pack insurance renewal. 

3.     The Council amend its public liability insurance excess for uninsured hirers and permit holders to $1,000.00 to reflect the Community Liability Pack insurance renewal.


 

4.       Background

4.1.    The City of Hobart takes out an insurance policy each year that enables uninsured persons or groups to purchase public liability insurance from Council where they are hiring Council owned or controlled facilities or utilising Council owned or operated premises or facilities for their own use. 

4.2.    There are two parts to the Community Liability Pack insurance policy:

4.2.1.   Part A: hire of Council owned or controlled facility.

4.2.2.   Part B: utilising Council owned or operated premises or facilities for own use, including presenters, performers, stallholders, artists, buskers, street stallholders and tutors / instructors.

4.3.    Following Council approval at its meeting on 19 June 2023, the City’s Fees and Charges booklet for 2023-24 includes the existing fees for the Community Liability Pack insurance.

4.4.    However, following the renewal of the Community Liability Pack insurance policy for 2023-24 amendments are required to the current public liability insurance fees in the City’s fees and charges booklet 2023-24.

5.       Legal, Risk and Legislative Considerations

5.1.    Pursuant to section 205 of the Local Government Act 1993 (Tas), Council has the following powers:

(1) In addition to any other power to impose fees and charges but subject to subsection (2), a council may impose fees and charges in respect of any one or all of the following matters:

(a) the use of any property or facility owned, controlled, managed or maintained by the council;

(b) services supplied at a person's request;

(c) carrying out work at a person's request;

(d) providing information or materials, or providing copies of, or extracts from, records of the council;

(e) any application to the council;

(f)   any licence, permit, registration or authorization granted by the council;

(g) any other prescribed matter.

(2) A council may not impose a fee or charge in respect of a matter if –

(a) a fee or charge is prescribed in respect of that matter; or

(b) this or any other Act provides that a fee or charge is not payable in respect of that matter.

(3) any fee or charge under subsection (1) need not be fixed by reference to the cost to the council.

5.2.    Pursuant to section 206 of the Local Government Act 1993 (Tas), council is to keep a list of all fees and charged and make the list available for public inspection during ordinary hours of business.

6.       Discussion

6.1.    It is proposed that the City’s fees and charges booklet for 2023-24 be updated to reflect the insurance renewal for the City’s Community Liability Pack.

6.2.    Council’s own public liability insurance does not cover third party activities. The Community Liability Pack reduces Council’s risk exposure by ensuring adequate public liability insurance is available to and in place for third parties at an affordable cost, when required.

6.3.    There are two parts to the Community Liability Pack which provide cover for different types of activities. At the time of insurance renewals each year, Council declares the number of participants envisaged to require access to each part of the policy for the upcoming policy term. This is usually based on the previous year’s actuals, for example the number of bookings.

6.4.    The insurance premium is calculated using the number of declared participants multiplied by the corresponding fee for that part of the policy.

6.5.    Part B of the policy covers participants in Council run events, such as those who participate in the Christmas Pageant. The City’s fees and charges schedule has included a fee to cover this part of the policy for many years.  The fee showing in the 2023-24 fees and charges booklet is $28.90 (incl GST), however, the 2023-24 renewed fee is $33.95 (incl GST).   It is proposed that the City’s fees and charges for 2023-24 is updated accordingly.

6.6.    Additionally, there is not currently a fee in the schedule to cover the cost of an excess payment in the event of an insurance claim related to Part B of the policy. This would be $1,000.00.  It is proposed that this be added to the City’s fees and charges for 2023-24.

6.7.    Part A of the policy relates to hirers of Council owned or controlled facilities. For example, hirers of barbeques and reserves. There is a fee in the fees and charges schedule to cover the cost of an excess payment which would apply in the event of a claim under this part. This fee is $500.00.

6.8.    However, there is no fee within the fees and charges which corresponds to the actual amount paid by Council per declared participant under Part A of the policy, which is $14.35.

6.9.    It is therefore proposed that this is added to the 2023-24 fees and charges. 

6.10.  If approved, the City’s fees and charges booklet will be updated accordingly. 

7.       Capital City Strategic Plan

7.1.    This proposal is consistent with the strategy 8.2.7 in the City of Hobart Capital City Strategic Plan 2023, being:

Ensure risks and legal processes are identified and managed effectively to achieve organisational priorities and strategic objectives and legislative requirements.

8.       Financial Viability

8.1.    Funding Source and Impact on Current Year Operating Result

8.1.1.   The costs associated with the estimated number of charges based on the number of participants envisaged to require public liability insurance are already included in the 2023-24 budget.

8.1.2.   It is difficult to determine the income that will be generated by Council from these fees as they are dependent upon the community applying to Council to take out these insurances. 

8.1.3.   It is envisaged that 1477 instances of this insurance will be taken out during 2023-24.

8.2.    Impact on Future Years’ Financial Result

8.2.1.   There is no impact on future years’ financial result.  These fees and charges related to the 2023-24 budget only.

8.3.    Asset Related Implications

8.3.1.   Not applicable.

9.       Communications Strategy

9.1.    The Fees and Charges booklet is made available from the City’s website.

 

 

 

 

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:                        27 November 2023

File Reference:         F23/119124

 

 

  


Item No. 18

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

18.     Portfolio Committees - Amended Terms of Reference

          File Ref: F23/123542

Report of the Director City Enablers of 5 December 2023 and attachments.

Delegation:               Council


Item No. 18

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

REPORT TITLE:                Portfolio Committees - Amended Terms of Reference

REPORT PROVIDED BY:   Director City Enablers

 

1.       Report Summary

1.1.    The purpose of this report is to seek endorsement of some amendments to the Terms of Reference for each of the City’s 11 Portfolio Committees.

2.       Key Issues

2.1.    In August 2023, officers undertook a high-level sense check of the new Governance Model implemented in November 2022.

2.2.    This process identified some opportunities for improvement in regard to clarification around the process for appointing expert committee members and new appointments resulting from resignations.

2.3.    A marked-up version of the Terms of Reference for each of the 11 Portfolios are provided as attachments A through K.

3.       Recommendation

That:

1.     The Council endorse the amended Terms of Reference for the following Portfolio Committees, marked as attachment A to K:

a)  City Economy

b)  Creative City

c)  Future Hobart

d)  Sustainability in Infrastructure

e)  Housing and Homelessness

f)   City Heritage

g)  City Mobility

h)  City Water

i)   Welcoming & Inclusive City

j)   Healthy Hobart

k)  Climate Futures

2.     The Council note an expression of interest process will be undertaken early in the new year to fill any Portfolio Committee vacancies that have occurred.

 

4.       Background

4.1.        In November 2022, the Council resolved to establish 11 Special Committees pursuant to section 24 of the Local Government Act 1993, known as Portfolio Committees:

·    City Economy

·    Creative City

·    Future Hobart

·    Sustainability in Infrastructure

·    Housing and Homelessness

·    City Heritage

·    City Mobility

·    City Water

·    Welcoming & Inclusive City

·    Healthy Hobart

·    Climate Futures

4.2.        The Council adopted Terms of Reference for each committee in December 2022 with minor amendments being made in April 2023 as part of Council’s consideration of membership appointments. 

4.3.        Since that time, the governance of the portfolio system has and will continue to be developed and refined. Through this process and as noted in the high-level sense check undertaken in August 2023, there are some administrative improvements to be made to provide clarification around the process for appointing expert committee members and new appointments resulting from resignations.

4.4.        Accordingly, the proposed changes have been made, and are shown in track changes, in attachments A to K of this report.

4.5.        In summary, the changes clarify that members referred to as ‘expert members’ are members who have been invited to participate because of their employment with a specific organisation providing expertise in the portfolio subject area that provides an opportunity to strengthen partnerships with the City. It is proposed that delegation to replace an ‘expert member’ be given to the Chief Executive Officer.

4.6.        Membership is otherwise as an individual who meet the specific attributes outlined in the Terms of Reference with their appointment remaining the delegation of the Council.

4.7.        In recognising that natural attrition will occur, it is proposed that an annual recruitment process be undertaken to fill any vacancies occurring in the proceeding 12-month period.

4.7.1.      Should the Terms of Reference be adopted, an expression of interest process will be undertaken early in the new year to fill any vacancies that have occurred.

4.8.        An amendment to include reference to annual work plans has also been included.

5.       Capital City Strategic Plan

5.1.      The Portfolio system is consistent with Pillar 8 – Governance and Civic Involvement, of the Capital City Strategic Plan 2019-2029:

We are a city of ethics and integrity. We govern with transparency and accountability, encouraging and welcoming active civic involvement. We collaborate for the collective good, working together to create a successful Hobart.

6.       Financial Viability

6.1.    Funding Source and Impact on Current Year Operating Result

6.1.1.   By running an annual expression of interest process, the administrative costs associated with filling a vacancy will be minimised.

6.1.2.   Costs associated a publicly advertised process would be funded from the Legal and Corporate Governance budget allocation and is anticipated to be in the order of $1,000 or less for advertising and promotional costs.

6.2.    Impact on Future Years’ Financial Result

6.2.1.   There are no impacts on the City’s future financial result arising from the report. 

6.3.    Asset Related Implications

6.3.1.   Not applicable

7.       Community Engagement

7.1.    Council Portfolio Committees are established within the context of the Community Engagement Framework.

 

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

 

Michael Reynolds

Director City Enablers

 

 

Date:                        5 December 2023

File Reference:         F23/123542

 

 

Attachment a:           Terms of Reference - City Economy Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment b:           Terms of Reference - Creative City Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment c:          Terms of Reference - Future Hobart Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment d:          Terms of Reference - Sustainability in Infrastructure Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment e:           Terms of Reference - Housing and Homelessness Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment f:           Terms of Reference - City Heritage Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment g:          Terms of Reference - City Mobility Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment h:          Terms of Reference - City Water Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment i:            Terms of Reference - Welcoming & Inclusive City Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment j:           Terms of Reference - Healthy Hobart Portfolio Committee - Draft December 2023 (Supporting information)  

Attachment k:           Terms of Reference - Climate Futures Portfolio Committee - Draft December 2023 (Supporting information)    


Item No. 19

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

Report of the Chief Executive Officer

 

19.     Code of Conduct Determination Report
Ms (now Councillor) Louise Elliot v Councillor Anna Reynolds

          File Ref: F23/128164

Report of the Acting Chief Executive Officer of 6 December 2023 and attachment.

Delegation:               Council


 

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

 

 

Memorandum: Council

 

Code of Conduct Determination Report
Ms (now Councillor) Louise Elliot v Councillor Anna Reynolds

 

Pursuant to section 28ZK(2) of the Local Government Act 1993 I have been provided with a copy of a determination report from the Code of Conduct Panel in respect to a complaint lodged by Ms (now Councillor) Louise Elliot against Councillor Anna Reynolds.

 

The Act requires that I table this at the first meeting of the Council which is practicable to do so and which is open to the public.  As such, a copy of the determination report is included as Attachment A to this report.

 

REcommendation

That the Council receive and note the Code of Conduct Determination Report in respect to a complaint lodged by Ms (now Councillor) Louise Elliot against Councillor Anna Reynolds, shown 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.

 

Jacqui Allen

Acting Chief Executive Officer

 

 

Date:                        6 December 2023

File Reference:         F23/128164

 

 

Attachment a:   Code of Conduct Determination Report - Ms (now Councillor) Louise Elliot against Councillor Anna Reynolds (Supporting information)        


Item No. 20

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

 

Motions of which notice has been given

 

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

 

20.     Officer Reports

          File Ref: F23/126623

Councillor Elliot

Motion

“That the Council require that all reports that come to the Council are to:

1.  include a full description of estimated costs for the life of the entirety of the activity and the budget status for the costs.

2.  describe the use of any external consultants, including a description of why the use of external consultants is required and, when external consultants are not based in Tasmania, a description of why the use of non-local consultants is required and how the Local Preference Procurement Policy has been applied, and;

3.  describe what, if any, opportunities there are for the Council to collaborate with other councils on the topic of the report to support information, resources and benefit sharing, and the status of and timeline for collaboration, particularly in relation to collaboration with Glenorchy City Council.”

 

Rationale:

 

“The Council requires accurate, timely and comprehensive information in order to undertake its role, with reports from officers forming a key part of the information the Council has available upon which to base its decisions.

 

At times, information in reports does not provide the full picture which inhibits sound decision-making and governance. For example, the report to Council in May 2023 about the development of the Climate Strategy stated that “$110,000 has been directed to strengthening evidence-base to information the Climate Strategy” where as recent figures show that the cost involved in developing this document is over $200,000. The report also states “as per budget” which is not informative given the Council had minimal access to the detail within the budget.

The report does not mention the use of external consultants, which are understood to be a large portion of the costs. Given our commitment to delivering value, Council should have on hand at the time of decision-making information related to what opportunities there are for collaborating with other councils to share information, costs and benefits. This is also inline with the local government review.

 

Similarly, the Council should have information relating to why external consultants are being used, and why non-local consultants are being used as part of monitoring the implementation of the Local Preference Procurement Policy.”

 

Administration Response to Notice of Motion

 

Discussion

 

1.  Council report templates are designed is such a way to provide elected members with the information they require to make informed decisions.
 

2.  The points raised in the motion can be captured within the existing report template headings, however, should the motion be adopted, the template would be reviewed and refined to ensure a consistent approach.

 

3.  The City has internal processes to ensure that a business case is approved by the Executive Leadership Team before consultancy services are engaged to ensure line of sight to conducting business across the organisation, sharing and reallocating resources for projects if available, considering financial impacts and embedding and sharing innovative solutions gained from external providers across the organisation.

 

4.  External consultants are engaged by the City in line with the Council approved budget and by Officers under their financial delegation delegated by the Chief Executive Officer pursuant to section 64 of the Local Government Act 1993 (Tas).  

 

5.  All procurements are undertaken in accordance Council’s Local Preference Procurement Policy, which seeks to maximise the use of local businesses to supply goods, services and works to the City thereby encouraging local employment opportunities and generating economic growth.

 

6.  Quotations for goods, services or works with a Contract value less than $100,000 are sought from local business in line with the City’s procurement thresholds where local capability and capacity exists.

 

7.  Where a weighted evaluation criteria is used in the evaluation of procurements with a contract value less than $100,000, a minimum evaluation weighting of 10% is assigned for local business.

 

8.  For procurements over $100,000, including public tenders, a local evaluation criterion with a minimum weighting of 10% is applied to all offers received where the offer is able to demonstrate social and economic benefits.

 

9.  It is noted that in its day-to-day operations the City procures goods, services and works from suppliers outside of the local area where they cannot be supplied or performed by local business or where to do so would not achieve value for money for the City of Hobart.

 

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

Pillar 8 – Governance & Civic Involvement

 

Outcome:

8.1 Hobart is a city that is well governed that recognises the community as an active partner that informs decisions.

 

Strategy:

8.1.1 Build community trust through the implementation of effective civic leadership, ethical conduct and responsible governance processes that ensure accountability, transparency and compliance with all legislated and statutory requirements.

Legislation and Policy

Legislation:

Local Government Act 1993

Policy:

Local Preference Procurement Policy

 

Financial Implications

 

1.    No financial implications are identified.

 

 

 

 

 

 


 

21.     Legal Advice - Non-Disclosure Agreements

          File Ref: F23/126624

Councillor Elliot

Motion

That the Council require:

1.  a relevant policy to be developed (or updated) that governs the Council’s use of Non-Disclosure Agreements, with the policy returned to Council for approval, and

2.  that the Legal Expenses section of the Elected Member Development and Support Policy to be updated to facilitate Elected Members being able to access Council-funded independent legal advice when they are requested by the Council to be party to a Non-Disclosure Agreement.”

Rationale 

“Situations can arise where an Elected Member is asked to sign a Non-Disclosure Agreement in a range of situations, such as in order access information or as part of closing a bullying complaint. The Council should have a clear policy on this situation to ensure considered, fair and consistent treatment of all Elected Members.  

The Council’s policy on use of Non-Disclosure Agreements should be set by Council, especially given the possibility of them being overused/abused and the associated risks to governance and accountability.

Concerns have been raised by various parties, including the Australian Human Rights Commission (AHRC), with the AHRC stating that “...confidentiality agreements can silence and isolate the people impacted and can also allow bad behaviour to continue....” and that “...once an investigation is completed, the complainant’s ability to speak should not be restricted.”

The AHRC also states that “.... the Commission considers that non-disclosure agreements should not be made a condition of settlement of complaints. NDAs have been criticised as ‘covering up’ or ‘shutting down’ issues while protecting respondents.....this should be optional for the complainant, rather than a blanket condition of settlement.”

See the AHRC’s report here  https://humanrights.gov.au/set-standard-2021

 

 

 

 

 

Administration Response to Notice of Motion

 

Discussion

 

1.    Council does rely upon NDA’s on rare occasions for the purpose protecting it’s commercial interests, an investigation or to adhere to privacy requirements.

2.  The Local Government Act provides for their use in relation to councillors under Section 28(c) providing a confidentiality undertaking to the general manager in relation to the provision of information relevant to their role as councillor.

3.  Section 338A could also give grounds for Council to require a councillor to sign a NDA as a mechanism to ensure that confidentiality is maintained. It’s noted that 338A also creates an offence for an unauthorised disclosure of confidential material, which would logically extend to matters contained within an NDA, distinct to a breach of the NDA itself which may expose an individual to an additional civil sanction.

4.  The use of NDA’s in relation to councillors only occurs on rare occasions and in practice only occurs following Council having taken legal advice.

5.  It would be contrary to the purpose of an NDA to provide a running update to Council as to the existence of individual agreements, noting that under the Act it’s also a decision for the CEO, not Council.

6.  Reimbursement for independent legal advice is not precluded under the existing policy.

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

Pillar 8 – Governance & Civic Involvement

 

Outcome:

8.1 Hobart is a city that is well governed that recognises the community as an active partner that informs decisions.

 

Strategy:

8.1.1 Build community trust through the implementation of effective civic leadership, ethical conduct and responsible governance processes that ensure accountability, transparency and compliance with all legislated and statutory requirements.

Legislation and Policy

Legislation:

Local Government Act 1993

Policy:

NA

 

 

Financial Implications

 

1.  No financial implications have been identified.

 

 


Item No. 22

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

22.     RESPONSES TO QUESTIONS WITHOUT NOTICE

          File Ref: F23/128256

 

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 Chairperson is not to allow discussion or debate on either the question or the response.

 

 

22.1 Events and Activations Expenditure

Memorandum of the Acting Director Connected City 27 November 2023.

22.2 Parklet Trial Update

Memorandum of the Director City Futures 23 November 2023.

 

Recommendation:

That the information be received and noted.

 

Attachment a:           Events and Activations Expenditure (Supporting information)  

Attachment b:           Parklet Trial Update (Supporting information)    


Item No. 23

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

23.     QUESTIONS WITHOUT NOTICE

          File Ref: F23/128255

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 general manager.

 

(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 general manager 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.

 

 

 


 

Agenda (Open Portion)

Council Meeting

Page 0

 

11/12/2023

 

 

24.     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:  

 

·       Leave of Absence

·       Renewal of a contract including details of the terms and conditions of renewal

·       Commercial advantage to a competitor of Council

·       Commercial in confidence

·       Information of a personal nature

·       Personal hardship of a resident or ratepayer

·       Proposal for the Council in a interest of land.

 

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        Former Spotlight Site

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

Item No. 7        2023-24 Supplementary Rates - Variation Objections

LG(MP)R 15(2)(g) and  (j)

Item No. 8        Lease - Southern Waste Solutions - 129 Derwent Park Road (Lutana Quarry) - Expansion of Lease Area

LG(MP)R 15(2)(f)

Item No. 9        Urban Design Advisory Panel - Membership

LG(MP)R 15(2)(d)

Item No. 10       Risk and Audit Panel Minutes

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

Item No. 11       Lease for Part of 108-110 Bathurst St - Goodstart Early Learning

LG(MP)R 15(2)(b) and  (f)

Item No. 12       QUESTIONS WITHOUT NOTICE

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