AGENDA

OPEN PORTION OF THE Council Meeting

Monday, 23 JANUARY 2023

AT 5:00 pm

 



 


 

Agenda (Open Portion)

Council Meeting

Page 5

 

23/1/2023

 

 

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. 7

7.        Petitions. 7

8.        Consideration of Supplementary Items. 7

9.        Indications of Pecuniary and Conflicts Of Interest. 7

Motions of which notice has been given

10.     Council Workshop Policy. 8

11.     Access to Information Policy. 11

12.     CBD Cleaning. 13

13.     Family Friendly CBD. 15

Officer Reports. 19

14.     Portfolio Committees - Member Appointment Process. 19

15.     City of Hobart Rating and Valuation Review Proposal 24

16.     Recurring Financial and Governance Reports. 73

17.     Citizenship Ceremonies - January 2024 Onwards. 79

18.     Queenborough Oval Buildings Concept Plan. 88

19.     Mount Stuart Memorial Hall Lease Renewal 96

20.     Sandy Bay Scout Hall Lease Renewal 116

21.     Long Beach Reserve Sandy Bay - Request to install memorial plaque for 175th anniversary of Sandy Bay Regatta Association. 133

22.     Community Advisory Groups - Elected Member Representatives. 148

Report of the Chief Executive Officer

23.     Code of Conduct Determination Report  Ms Lynne Robertson v Councillor Bill Harvey. 159

24.     QUESTIONS WITHOUT NOTICE. 168

25.     Closed Portion Of The Meeting.. 169

 


 

Agenda (Open Portion)

Council Meeting

Page 7

 

23/1/2023

 

 

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Monday, 23 January 2023 at
5.00 pm
.

 

Kelly Grigsby

Chief Executive Officer

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

 

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor Dr Z E Sherlock

Councillor J L Kelly

Councillor L M Elliot

Alderman L A Bloomfield

Councillor R J Posselt

Councillor B Lohberger

APOLOGIES:

 

 

LEAVE OF ABSENCE:

Deputy Lord Mayor H Burnet

 

1.       Acknowledgement of Country

 

2.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 12 December 2022, 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 General Manager reports that no Council workshops have been conducted since the last ordinary meeting of the Council.

 

6.       Public Question Time

 

6.1    Public Questions

 

 

 

7.       Petitions

 

 

 

8.       Consideration of Supplementary Items

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

RECOMMENDATION

 

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

 

 

9.       Indications of Pecuniary and Conflicts Of Interest

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

 

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

 


 

Agenda (Open Portion)

Council

Page 9

 

 

 

 

 

Motions of which notice has been given

 

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

 

10.      Council Workshop Policy

            File Ref: F23/4263; 13-1-9

Councillor Elliot

Motion

“That a report be provided the Council require that a policy governing Council Workshops be prepared and provided to Council for feedback and approval, with the policy reflecting the principle that Elected Members are consulted in relation to the schedule and agenda for workshops and can request issues for briefing through a workshop.

 

Rationale:

 

Hobart City Council has increased its use of Council Workshops. The Governance Framework does not provide adequate detail in relation to the principles and processes that apply to Council Workshops and some confusion exists. It is therefore valuable that a policy on this mechanism be developed.

 

It is reasonable to expect that Elected Members would have a genuine opportunity to shape the schedule and agenda for workshops, including the ability to request briefings on specific issues through a workshop format. It is also acknowledged that Administration will also have issues that they want to brief the Council on.

 

It is intended that the policy would outline the principles and processes that apply to Council Workshops, including the purpose of Workshops, process for Elected Members to request a briefing on specific issues, the timelines for how far in advance workshop schedules and agendas will be made available, and explicit clarity around confidentiality.

 

 

 

Administration Response to Notice of Motion

 

Discussion

 

1.   As advised in the Governing Hobart report to Council on 21 November 2022, the elected member Induction Program Pack; and subsequent emails to elected members the arrangements for Workshops are as follows:

 

Workshops

1.1.   The Chief Executive Officer and relevant members of ELT will provide regular Elected Member Workshops to impart information and allow for discussion.

1.2.   Matters for consideration will usually include updates on the more significant matters due to come before a meeting of Council, briefings on significant matters by external parties, and briefings on the progress of significant Council projects, finances, strategies and plans.

1.3.   The Chief Executive Officer will set the agenda for the Elected Member Workshops, but will consider suggestions from the Lord Mayor, Deputy Lord Mayor and Elected Members.

1.4.   Regular Elected Member Workshops will be held fortnightly and timed as consistently as possible, in expectation that Elected Members will endeavour to attend all such meetings unless there is a reasonable reason why they cannot do so, noting, however, that attendance is not a statutory requirement but attendance will be recorded and published on the Council website.

 

2.   Ahead of the fortnightly workshop, a written Agenda will be prepared; and associated Briefing Papers.  This material will then be uploaded to the Hub for Elected Members to access at least four (4) clear days ahead of a workshop.  A report on the items discussed and those in attendance at Workshop will then be prepared and included in the Council Meeting Agenda and presented at the meeting.  The Local Government Act requires that Workshops be reported to Council; hence this has been a long standing agenda item on Council Agendas.

 

3.   The only time workshop material is confidential; is if the CEO ’ declares it as confidential’ and this will appear as a covering memo to the Agenda and or specific Briefing Note; as per Section 28C of the Local Government Act.

28C.   Confidentiality undertaking

(1)       If the general manager (CEO) considers that the information or document is confidential, the general manager (CEO) may require the councillor to whom the information or document is to be made available to give an undertaking to keep it confidential.

(2)       If a councillor refuses or fails to give the undertaking, the general manager may refuse to make the information or document available to the councillor.

 

4.   There will be a minimum of two items on the Workshop Agenda each fortnight.  As discussed at recent Council Meetings the first Workshop was held at 5.00pm in the Lady Osborne Room on Monday, 5 December 2022.

 

5.   The CEO also advised Elected Members at the Induction Program and in the subsequent Council meetings that Elected Members may also request items to be discussed at a Workshop.  A meeting planner will be updated regularly on the HUB that highlights matters coming up at Workshops.

 

6.   A Workshop Policy is therefore considered unnecessary as the purpose of Workshops is outlined in the Governance Framework; and it’s the role of the CEO to operationalise the running of workshops in accordance with the Local Government Act.

 

 

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

 

Outcome:

 

Strategy:

 

Legislation and Policy

Legislation:

Local Government Act 1993; Local Government (Meeting Procedures) Regulations 2015

Policy:

Governance Framework; Meetings: Procedures and Guidelines

 

Financial Implications

 

1.   The only financial implications that arise from this motion is the officer time involved in the preparation of a report should the Council resolve to do so.

 

 

 

 


 

11.      Access to Information Policy

            File Ref: F23/4476; 13-1-9

Councillor Elliot

Motion

“That the Council:

1.   Require that a policy governing Elected Members access to information be prepared and provided to Council for feedback and approval.

2.   Require that all information that was previously on the Council’s document management system (the ‘Hub’) that has been archived be reinstated, restoring Elected Member access to this recent historical information.”

 

Rationale:

 

To undertake the role of Elected Member fully and efficiently, access to information is required.

 

The Local Government Act 1993 states that Elected Members may request “any information or document or a copy of any information or document in the possession of the council that may be required for the purpose of performing any of the councillor's functions.

 

It is understood that legal advice facilitated by the Council to former alderman, Jeff Briscoe, in 2022 made it clear that access to information should be forthcoming in a timely manner and in accordance with the requirements of the Act.

 

It is expected that the policy would address the processes and principles that apply to Elected Members access to information, including the nature of the information that can be provided to Elected Members, confidentiality considerations, processes, and response timeframes.

 

It is valuable to have access to historical information, especially information as recent as the previous term of Council, for reference so that Elected Members can directly access information so they can be informed about recent issues and decisions.

 

Administration Response to Notice of Motion

 

Discussion

1.   Requests for information by elected members are dealt with by section 28A of the Local Government Act 1993.  It provides that an elected member, in writing, may request the CEO to make available any information or document in the possession of the Council that may be required for the purpose of performing any of the elected member’s functions.

2.   The request is to state in writing the relevance of the information or document to any of the elected member’s functions and declare that if the matter were to be an item on the agenda at a Council or Committee meeting that they would not have or be unlikely to have any pecuniary interest in the matter.

3.   The request may be refused on a number of grounds under the Act and if the information is confidential, the CEO may require the elected member to provide an undertaking to keep the information confidential.

4.   A register of requests made by elected members will be kept and made available on the Hub and all information provided pursuant to a request by an elected member will be also published on the Hub.

5.   To assist elected members in making such requests a form has been developed which can be downloaded from the Hub.  Once downloaded, it simply requires completing the blank fields and hitting the ‘submit’ button which will automatically send the form through. A copy of this form can also be emailed to Elected Members on request.

6.   For clarity, requests of a ‘transactional’ nature or on behalf of constituents should be referred through EMrequests@hobartcity.com.au

7.   This was communicated to Elected Members via the Bulletin on 25 November 2022.

8.   The material and information available on the Hub was archived at the conclusion of the term of the previous Council.  This was done on the basis that much of the information was no longer relevant or necessary.  There have been some exceptions to this and where they have been identified, the information has been provided.

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

8 – Governance and Civic Involvement

Outcome:

8.3 City leadership is accessible and reflects Hobart communities.

Strategy:

8.3.3 Support the elected representatives to undertake their role.

Legislation and Policy

Legislation:

Local Government Act 1993

Policy:

N/A

 

Financial Implications

 

1.   The only financial implications which arise is officer time involved in the preparation of this and any subsequent reports or policy.

 

 

 

 

 

 

12.      CBD Cleaning

            File Ref: F23/4480; 13-1-9

Councillor Elliot

Motion

That the Council commit to raising the standards of cleanliness across our CBD and providing increased resources through the upcoming budget process to allow the cleaning regime for the CBD to be expanded.”

 

Rationale:

 

The CBD should be a safe, clean and appealing place. The CBD attracts thousands of people every day, including people who are visiting Hobart for the first time. First impressions count and our State relies heavily on our ‘clean’ image.

 

Despite the hard work of the organisation’s cleaning focused team members, on regular occasions the presentation of the CBD is substandard, with rubbish bins overflowing and public toilets and parenting facilities in an undesirable state.

 

At present, cleaning of the CBD (including street cleaning, litter collection, cleaning of toilets and removal of graffiti) commences in the early morning and finishes in the early afternoon. Because the teams have finished for the day while the city is still active, mess such as overflowing bins and toilets in unsanitary states remain this way from early afternoon until they are attended to the following morning.

 

An increase in resources for the cleaning team of around $80,000 to $100,000 per annum will enable the hours that a cleaning is occurring across the CBD to be expanded. For example, instead of cleaning ceasing from around 2:30 pm, increased funding could see this continue through until 6:30pm on weekdays and 5:30 pm on weekends.

 

While we should be aiming for a high standard of cleanliness at all times, increased funding will also allow resources to be increased when demand is increased, for example, during the visitation of large cruise ships.

 

Administration Response to Notice of Motion

 

Discussion

 

1.   The City of Hobart currently spends $3.6 million per year on City Cleansing. 

2.   This is a seven day a week operation that incudes footpath cleaning using both footpath sweepers and cleaning by hand, road cleaning using road sweepers, removal of graffiti, stormwater pit cleaning, high pressure cleansing of footpaths and cleaning public toilets and change rooms.

3.   During peak times, such as during summer and when cruise ships are in dock, resources are diverted into the CBD and Sullivans Cove.

4.   Currently the City’s cleansing team commence work early morning and finish early afternoon.  Whilst this appears to have been traditionally sufficient in the past, with increased visitor usage and increasing community expectations, this may not be considered adequate by all members of the public now.

5.   As part of the City’s organisation transformation project, a program of service reviews is currently being prepared that will ensure that our services are aligned with community and customer value.  In the meantime, officers will investigate extending hours of footpath cleaning, public convenience cleaning and removing waste from litter bins in the CBD and Sullivans Cove, however this will have budget implications which will be included in the 2023-24 budget preparations.

6.   In the interim, during the remainder of summer, additional resources in the late afternoon will be put in place in the Central Business District to undertake removal of litter on footpaths, check if bins are overflowing and check public facilities for cleanliness. 

7.   Modification of bins will be investigated to prevent rubbish blocking at the lid entry point to the bin.

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

7 – Built Environment.

Outcome:

7.3 Infrastructure and services are planned, managed and maintained to provide for community wellbeing.

Strategy:

7.3.3 Ensure City-owned assets and public spaces are presented to a high quality to meet community and visitor requirements.

Legislation and Policy

Legislation:

 

Policy:

N/A

 

Financial Implications

 

1.   The interim measure of providing an additional resource in the late afternoon over the remainder of summer can be undertaken within existing operational budgets.

2.   Additional cleaning, rubbish removal and facility cleaning will be costed and included in budget considerations for the 2023-24 financial year.

 

 

 

13.      Family Friendly CBD

            File Ref: F23/4483; 13-1-9

Councillor Elliot

 

Do not delete this line


Motion

“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:

o   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

o   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.”

Do not delete this line


 

Rationale:

 

Our City is striving to be a place for all, and that includes our younger people and people who care for them.

 

At present, family friendly spaces and facilities in the CBD are lacking and there is considerable opportunity for improvement. In particular, a focus on improving access to and the quality of parenting facilities and providing a high-quality space where families can play and take a break would greatly improve our ability to attract families to our CBD and their experience.

 

The Wellington Court area is an ideal location for an inner CBD play area for children and break out space for all. Given its proximity to the Elizabeth Street Mall, the Argyle Street Carpark and the Royal Hobart Hospital, this area could be transformed into a central location that’s clean, safe, accessible and appealing for families.

 

Access to and the quality of parenting facilities are critical to families with young children. Clean, safe and accessible facilities are a drawcard. The parenting facility in the Argyle Street Carpark is located on the first floor which makes navigation and access challenging and the facility is regularly vandalised, heighted by its ‘tucked away’ location.

 

Our CBD is facing ongoing and growing competition from neighboring municipalities. To enhance the vitality and sustainability of our CBD and our inclusiveness as a community, we need to identify and break down barriers that deter people from participating in life in our CBD.

 

 

Administration Response to Notice of Motion

 

Discussion

 

Whole of City approach

 

1.    The City of Hobart already has a number of projects in place which strengthen the City’s offering as a preferred destination as a child and family friendly place.

2.    The City’s existing Community Inclusion and Equity Framework responds to the needs and aspirations of children and families in Hobart.

3.    The City’s draft Central Hobart Precinct Structure Plan is also strongly invested in creating an inner city a safe and enjoyable environment where people stay longer and visit more often, elements which will be key to the success of a liveable capital city experience.

4.    Brand new public toilets, including a ‘Changing Places’ fully accessible disabled access facility, and a very high quality parenting room were included as part of the upgrade to the Argyle Street Car Park in 2019 at a cost of around $1.7 million.

5.    This upgrade took advantage of available Council owned space in high activity area, logically in close proximity to the Wellington Centre, our largest off street car park and the medical precinct surrounding the Royal Hobart Hospital.

6.    The upgrade of the City of Hobart operated Centrepoint toilets, scheduled to commence in March 2023, includes the refurbishment of the male, female and disabled toilets.  While there was no room to include a new parenting as part of this work given space limitations, it is understood that Centrepoint also provide its own Parenting Room.

7.    The City has had an ongoing focus on work for children and families through our programs and this has played out most recently in two temporary works as part of our CityPILOTS program: Foreverever, by Tom O’Hern, which sees his version of the solar system painted onto the Intercity Cycleway, and Prediction Machine, which was a very popular magnet-based interactive work in Mathers Place in front of Mathers House.

8.    The current Waterfront Interpretation project will consider designs outcomes from a child’s perspective, and consider the experience for children and families).

 

Wellington Court

 

9.    Officers have been actively involved in the safety, security and amenity of the Wellington Court area on an ongoing basis for the last 5 years.

10. The increase in anti-social behaviour is cyclical and escalates during school holiday periods.

11. A cross organisational team is working on short, medium and long term solutions to this high use area in the city.

12. Business owners have been actively engaged by City Economy and Community Programs staff, to work with Tasmania Police and other stakeholder groups to improve the activity in this area.

13. All amenity, including street furniture, shade, play equipment, lighting, toilets and parenting rooms etc will be included in this review.

14. The City has an internal working group formed to manage ongoing concerns regarding damage and anti-social behaviour taking place in the parenting room in the Argyle St carpark.

15. There are cameras installed for monitoring access to the Parenting Room at Argyle St Carpark, and quotations have been received for the installation of an intercom system, which will enable the facility to be opened remotely as recommended by the working group.

16. A quote for this has been received by the contractor and installation of the system will be programed as soon as possible.

17. Locking of the facility is a measure that was put in place as a temporary solution, while more permanent arrangements were put in place.

18. Officers will prepare a comprehensive reply to this Notice of Motion which will include short, medium and long term improvements to this important space, noting that it will be a work plan delivered across multiple City Portfolios e.g City Economy, Future Hobart, Welcoming and Inclusive City and Healthy Hobart, and will require prioritisation as part of each of the Portfolios work.

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

2 – Community inclusion, participation and belonging.

Outcome:

2.2 Hobart is a place where diversity is celebrated and everyone can belong, and where people have opportunities to learn about one another and participate in city life.

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

 

Strategy:

2.2.1 Support people from all backgrounds and life experiences to participate in Hobart life

2.2.3 Provide and support activities and programs that celebrate diversity to reduce social isolation and build social cohesion

2.4.6 Deliver and support initiatives, activities and programs that build community resilience, wellbeing and safety.

Legislation and Policy

Legislation:

Anti-Discrimination Act 1998

Policy:

 

 

Financial Implications

1.    There is currently funding flagged in the 2023/24 Capital Works Program for the design work on this space,

2.    In the 2024/25 Capital Works Program there is approximately $2.5M put aside to accommodate the upgrades to the area.

3.    Funding for short term interventions including any new community programs to address specifically the anti-social behaviour will need to be quantified and prioritised if approved as part of the work plan.

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Agenda (Open Portion)

Council Meeting

Page 18

 

23/01/2023

 

 

 


Item No. 14

Agenda (Open Portion)

Council Meeting

Page 19

 

23/1/2023

 

 

Officer Reports

 

14.      Portfolio Committees - Member Appointment Process

            File Ref: F23/2114; 16/119

Report of the Chief Executive Officer of 17 January 2023.

Delegation:                 Council


Item No. 14

Agenda (Open Portion)

Council Meeting

Page 20

 

23/1/2023

 

 

REPORT TITLE:                  Portfolio Committees - Member Appointment Process

REPORT PROVIDED BY:  Chief Executive Officer

 

1    Report Summary

1.1    The purpose of this report is to seek Council endorsement of the appointment process for members of the City of Hobart’s eleven (11) Portfolio Committees, in accordance with Council’s resolution at its meeting on Monday 12 December 2022.

2    Overview of proposed process

2.1    In line with Clause 5.2 of the committees’ terms of reference, an Expression of Interest (EOI) process will be used to identify and appoint community-based members to each committee.

2.2    Expert members for each committee will be identified through the process outlined in Clause 5.2 of the terms of reference.

2.3    The EOI process consists of the key steps and expected timeframes outlined in the table below. Expert members for each committee would also be identified during this proposed timeframe.

2.4    The proposed expected timeframes are designed to allow for the first portfolio committee meetings to be held from May 2023.

Expected Timing

Key step

06/02/23 to 28/02/23

Public EOI open to applications (3 weeks)

01/03/23 to 22/03/23

Assessment of applications and shortlisting for each committee (3 weeks)

23/03/23 to 14/04/23

Finalisation of recommended committee memberships
(3 weeks)

Mon 24/04/23

Council endorsement of Portfolio committee memberships

 

 

3    Eligibility and Selection Criteria

3.1     Clause 5.2 of the committees’ terms of reference states that community-based committee members must meet the following eligibility requirements:

·          live, work, study or volunteer in Hobart and be aged 16 or over;

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

·          demonstrated or willingness to learn leadership and
relationship-building skills;

·          knowledge and experience of the portfolio;

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

·          willingness to constructively participate in an advisory capacity to the City; and

·          formal acceptance and signing of the Terms of Reference.

3.2     In line with these requirements, it is proposed that applicants be assessed against the following two selection criteria:

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

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

3.3     While applicants will be allowed to apply for multiple committees, successful applicants will, wherever possible, be limited to joining only one committee, unless exceptional circumstances require an individual’s expertise on more than one committee.

4    Shortlisting

4.1     Following an initial eligibility screen, EOI applications will be assessed by a selection panel for each committee led by the Portfolio Chair and Sponsor,

4.2     The selection panel will then form a shortlist of proposed
community-based committee members, based on:

·          the ranking of EOI applicants against the selection criteria; and

·          ensuring a final committee membership can be formed that appropriately represents the diversity of the Hobart community.

4.3     The selection panel may interview some or all shortlisted applicants prior to finalising their recommendations.

5    Endorsement and Appointment

5.1     The Portfolio Chair and Portfolio Sponsor of each committee will jointly consider the shortlist of community-based applicants, together with a list of proposed expert members, to identify and recommend to Council a final recommended committee membership.

5.2     The recommended membership of each committee will then be presented to Council for final consideration and endorsement.

6    Learning and development program

6.1     Council will offer an appropriate program of learning and development for committee members.

6.2     Offering a learning and development program is likely to be an incentive for high-calibre community members to apply, as well as to improve the long-term outcomes of the committees.

6.3     A learning and development model will be developed and implemented that focusses on developing skills relevant to the work of the committees and aligns with Council’s Community Engagement Framework.

7    Legal, Risk and Legislative Considerations

7.1     As outlined in the City of Hobart’s Governance Framework, Portfolio Committees have been established under section 24 of the Local Government Act (1993). The proposed appointment processes for the committees are consistent with the Act and all other relevant legislation, and conform to applicable legal standards and guidelines.

7.2     Relevant operational risks – including maintaining the transparency and integrity of the EOI process, ensuring the EOI is well-publicised; and implementing a process that delivers a high-skilled and diverse committee membership – have been accounted for in the design of the process, or will have risk mitigation strategies put in place through the process’ operational and communications plans.

8    Financial Viability

8.1     The proposed EOI process will be implemented within current budgetary allocations.

9    Financial Viability

9.1     A communications strategy for the proposed EOI process will be developed prior to the advertisement of EOIs.

Recommendations

That Council:

1.         Seek Expressions of Interest for members of the City of Hobart Portfolio Committees.

2.         Note that a report will be provided to Council in April 2023 seeking endorsement of the recommended appointments to each Portfolio Committee.

 

 

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

 

Kelly Grigsby

Chief Executive Officer

 

 

Date:                            17 January 2023

File Reference:          F23/2114; 16/119

 

 

  


Item No. 15

Agenda (Open Portion)

Council Meeting

Page 24

 

23/1/2023

 

 

15.      City of Hobart Rating and Valuation Review Proposal

            File Ref: F23/1854

Report of the Manager Rates, Procurement and Risk and the Director City Enablers of 9 January 2023 and attachments.

Delegation:                 Council


Item No. 15

Agenda (Open Portion)

Council Meeting

Page 36

 

23/1/2023

 

 

REPORT TITLE:                  City of Hobart Rating and Valuation Review Proposal

REPORT PROVIDED BY:  Manager Rates, Procurement and Risk

Director City Enablers

 

1.         Report Summary

1.1.     The purpose of this report is to present a proposal for a review of the City’s rating and valuation strategy (the Review/Strategy).

1.2.     It is proposed that a new Strategy for the City be developed as part of the Review and implemented for the 2024-25 rating year.  As part of the Review an interim Strategy will be prepared for the 2023-24 rating year that will address recent Council decisions on short stay visitor accommodation and vacant-residential land.

1.3.     The community benefit is consistent with various strategies in the City of Hobart Capital City Strategic Plan 2019-2029 outlined in section 8 of this report, including to ‘monitor and maintain the City’s long-term financial sustainability’ and to ‘maintain a rating system that supports fairness, capacity to pay and effectiveness’.  

2.         Key Issues

2.1.     The City requires sufficient revenue to fund programs and services required by the community and fund the infrastructure needs of a growing capital city.

2.2.     Council has a number of revenue sources, including fees and charges, grants, rental income, TasWater dividends and interest revenue, the largest of which is council rates, which comprise 65% of Council’s revenue.

2.3.     Given the significance of council rates as a source of Council’s revenue and the number of matters to be reviewed in doing so, this review will focus on the City’s rating and valuation strategy.  A review of Council’s other revenue sources, including fees and charges, will be considered separately.

2.4.     It is critically important that the City has a sustainable rating and valuation strategy to ensure that service and infrastructure needs of the community are met now but also into the future to avoid burdening future generations of ratepayers with large rate increases. 

2.5.     It is considered that Council needs to review its current strategy to ensure that rating decisions support the City’s financial strategies for the delivery of future infrastructure and services identified in the City’s Long-term Financial Management Plan and Strategic Asset Management Plan and meet the Community Vision and objectives in the Capital City Strategic Plan 2019-2029.

2.6.     A number of internal and external factors have prompted the review at this time, including population growth, unprecedented property value increases and the housing and homelessness crisis. 

2.7.     To prepare for the review, Officers have engaged with councils interstate who have undertaken a similar review to understand what worked well.

2.8.     It is proposed that the review will be undertaken from November 2022 to February 2024 and be undertaken in stages and include the opportunity for community consultation on a proposed new Strategy for the City.

2.9.     A Community Advisory Group comprising Elected Members, community and business representatives from land and property categories is proposed to be established via an external expressions of interest process to assist Council with its decision making.

2.10.   Rates modelling will be undertaken to demonstrate the impacts of proposed changes to the City’s rating strategy on individual ratepayers and consider the options for the future rating of the City.

2.11.   The review will consider the impact of moving to an alternative valuation base on Hobart ratepayers.

2.12.   The review will include consideration of models for capturing growth in the rate base to be used to fund future infrastructure required of a growing Capital City.

2.13.   The review will also include consideration of recent Council decisions in relation to short stay visitor accommodation, pensioner discounts, rates discounts and vacant land.

 

3.         Recommendations

That:

1.      The proposed approach and methodology for the City of Hobart Rating and Valuation Strategy Review be endorsed.

2.      The timeline for the review process marked as Attachment A be endorsed.

3.      The Rating and Valuation Strategy Discussion paper prepared to support the review process marked as Attachment B be endorsed.

4.      The proposed Community Engagement Plan to support the review marked as Attachment C be endorsed.

5.      An appropriate communications and media strategy be developed to support the Rating and Valuation Strategy review.

6.      It be noted that a review of Council’s other revenue sources, including fees and charges, will be considered separately.

 

4.         Background

4.1.     A joint State and Local Government Review of Tasmania’s Valuation and Local Government Rating (the joint review) was undertaken from 2009 to 2013.  The joint review, which was requested by the Local Government Association of Tasmania (LGAT), was a direct response to the concerns of ratepayers and councils about the impact of property valuations on council’s rating processes and on the options available to councils in determining rates.

4.2.     The joint review concluded with a series of recommendations, which were accepted by the then Minister for Local Government. However, as no legislative change was made to mandate the recommendations, it was left to individual councils to determine the appropriate rating and valuation strategy for their municipal area.

4.3.     Following the review, in 2014 and again in 2017 Council formally considered its policy position and rating strategy options for Hobart and considered the way forward in respect of how the rate burden could be structured and rates levied in the future.

4.4.     Council subsequently resolved to continue to utilise the Assessed Annual Value (AAV) as its rating methodology and a simple rating structure applying the same rate in the dollar to all properties, land uses and localities.   Council has reaffirmed this rating and valuation strategy each subsequent rating year, except 2022-23, which is explained in section 4.5.2 below.

4.5.     A number of internal and external factors have prompted a review of the Strategy at this time:

4.5.1.     Population growth - it is anticipated that Greater Hobart will experience continued population growth with an additional 60,000 people over the next 30 years.  Additional infrastructure and services will be required to support this growth. 

It is considered that Council needs to review its Strategy to ensure that revenue decisions support the City’s financial strategies for the delivery of future infrastructure and services identified in the City’s Long-term Financial Management Plan and Strategic Asset Management Plan. 

 

4.5.2.     Property value growth – in 2021 the Valuer-General completed a revaluation of all properties in the Hobart municipal area.  The changes to property valuations was unprecedented with large increases experienced particularly for residential properties.  This was driven by population growth, private rental vacancy rates being low, COVID impacts and limited housing supply. This caused a shift in the rate burden from commercial to residential.  Council approved the introduction of a differential rating system and limiting rate increases via rates capping to help manage disparity in the distribution of rate collections resulting from the municipal revaluation.  The 2022-23 rating strategy, specifically the use of rates capping, is not sustainable for future years.

4.5.3.     Development activity – the City has experienced increased development and growth in its rate base in recent years and requires a strategy to capture this growth for future investment so as to not burden future generations of ratepayers with large rates increases.

4.5.4.     Housing and homelessness – for the reasons outlined above the City is experiencing a housing and homelessness crisis.

4.5.5.     Review of the City’s Long-term Financial Management Plan being undertaken during 2022-23.

4.5.6.     Pensioner discount – at its meeting in April 2022 Council considered a report it requested on the types of rates assistance offered to pensioners by other councils.  Council resolved to review the rates support provided to pensioners who own property in the municipal area in consultation with the community and business sectors as part of the review of the City’s rating and valuation strategy.

4.5.7.     Short stay visitor accommodation and vacant land – at its meeting in July 2022 in response to a Notice of Motion, Council resolved the following:

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

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

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

4.5.8.     4% Rule – the outcome from the 2021 municipal property revaluation is that most properties are now on the 4% Rule.  The 4% Rule is a legal requirement that a property’s AAV cannot be less than 4% of its Capital Value (CV).  This environment would make a move to using CV as the City’s valuation base less volatile.  It also means that current AAVs may be above the market-based rental value of their property due to this rule.

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

4.5.10.  Budget estimates and Long-term financial management - At its meeting on 27 June 2022, when considering its Budget Estimates and Rates Resolution for 2022-23, Council noted that a comprehensive review of the CoH Rating, Revenue and Valuation Strategy will be undertaken during the 2022-23 year to review how rates are levied and applied.  The review will consider quarantining the additional revenue derived from the rate base growth and applied to growth incentives in the municipal area.  At that meeting Council resolved the following:

4.5.10.1.    The Council note that a review of the mechanism adopted to determine future rate increases will be undertaken during the 2022-23 financial year.

5.         Legal, Risk and Legislative Considerations

5.1.     Part 9 of the Local Government Act 1993 (Tas) (LG Act) sets out the provisions for rates and charges.  It is noted that pursuant to Section 86A of the LG Act, rates constitute taxation for the purposes of local government, rather than a fee for a service and….  the value of rateable land is an indicator of the capacity of the ratepayer… to pay rates.

5.2.     Part 9 of the LG Act provides councils with the framework for making their rates and charges resolutions.  This framework provides a range of rating tools and approaches that provide councils with the flexibility to develop a rating strategy that is tailored to the needs of their municipal area.  It is noted that the City has not, up until 2022-23, utilised any of the rating tool options available in the LG Act and the usage of these tools will be considered during the Review.

5.3.     There are a number of risks that have been considered as part of planning for the Review and a risk management plan prepared accordingly.

5.4.     A rating and valuation strategy is integral to the City’s budget, long-term financial management plan and strategic asset management plan.  The Strategy will reduce the risk that Council will not be able to provide the services and infrastructure required of a growing capital city without the risk of burdening future generations of ratepayers with significant increases.

6.         Discussion

6.1.     Council provides a range of programs, services, infrastructure and facilities to the community, and in doing so must collect revenue to cover the cost of providing these.

6.2.     Council requires sufficient revenue to meet its service delivery needs to the community and fund growing infrastructure needs both now and into the future, particularly as Hobart has a growing population. 

6.3.     While rates are an important revenue source for Council and indeed its largest comprising 65%, the City has other revenue sources including fees & charges, distributions from TasWater, interest income and rental income. 

6.4.     Given the significance of council rates as a source of Council’s revenue and the number of matters to be reviewed in doing so, this review will focus on the City’s rating and valuation strategy.  A review of Council’s other revenue sources, including fees and charges, will be considered separately.

6.5.     A rating and valuation strategy will ensure that the City has a sustainable and appropriate approach to rating that will support the objectives outlined in its Community Vision and the Capital City Strategic Plan 2019-2029.

6.6.     In doing so it’s important that a balance is struck between rating to fund public services and benefits versus private services to specific groups or individuals which are often better funded through user fees and charges.  Some services are a mixture of both and decisions how they are funded become more challenging.

6.7.     Generally, the City provides services that either provide a public or a private benefit to the community. Generally, public services are those from which users cannot be excluded and collecting a fee would be difficult, such as parks and roads and are therefore charged through Council rates.  Private goods or services are those that the community can choose to use or not, such as applications for planning and building approvals.  In general, the City provides private services on a fee-for-service basis, either fully or partly. 

6.8.     The purpose of the Review is to:

6.8.1.     Determine the most appropriate Strategy for the City, which will fund the provision of programs and services for the community and the infrastructure required of a growing capital city now and into the future.

6.8.2.     Ensure that the money raised through rates in conjunction with other revenue sources will ensure the long-term financial sustainability of the Council.

6.8.3.     Determine a fair and equitable method of raising revenue from rates.

6.8.4.     Determine how different properties should share the amount of rates to be paid.

6.8.5.     Ensure that Council has sufficient measures in place to support those suffering from financial hardship, including small business.

6.8.6.     Ensure that the City is an attractive place to do business and stimulates development activity and economic development.

6.9.     It is therefore proposed that the Review will consider and include the following:

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

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

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

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

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

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

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

6.9.1.7.      Does it support ratepayers with least capacity to pay?

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

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

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

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

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

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

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

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

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

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

6.9.12.  Debt management and late payment fees.

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

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

6.10.   It is proposed that the Review will be undertaken as follows:

6.10.1.  Establish a Community Advisory Group (CAG) comprising representatives from land and property categories, community and business groups and include three Elected Members. 

A Terms of Reference for the CAG will be prepared.

It is proposed that the CAG be established by way of a public expressions of interest process.

6.10.2.  The CAG will consider rating principles including threshold rating and valuation decisions.

6.10.3.  Rates option modelling will be undertaken to:

6.10.3.1.    Support the work of the CAG and demonstrate the impacts of proposed changes to the City’s rating strategy on individual ratepayers and consider the options for the future rating of the City; and

6.10.3.2.    To consider the impact of moving to an alternative valuation base on Hobart ratepayers and usage of alternative rating tools available under the LG Act to manage the impact. 

6.10.4.  Prepare an Options Paper to be provided to Council in September 2023.

6.10.5.  Following Council’s consideration of options, a draft Rating and Valuation Strategy will be prepared for community consultation.  Consultation will occur as outlined in the Community Engagement Plan – refer to section 10 of this report.

6.10.6.  Following consideration of community feedback on the draft City of Hobart Rating and Valuation Strategy, the strategy will be finalised for consideration of adoption by Council in February 2024.

6.10.7.  Monitoring of the new strategy once implemented to ensure the benefits and principles are being achieved.  A regular review process will be undertaken to address changes in the environment, indexation or municipal area revaluations.

6.11.   It is proposed that the Review be undertaken from November 2022 to February 2024 – a proposed timeline is attached – refer Attachment A.

6.12.   A Discussion Paper is attached – refer Attachment B with more detail.  It is proposed that the Discussion Paper would form the basis for the Review and be provided to the CAG.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     This proposal strongly aligns with the City’s community vision as shown below, particularly in relation to Pillar 4: City Economies and Pillar 8: Governance and Civic Involvement.

8.         Capital City Strategic Plan

8.1.     The Review may impact the City’s current rates and charges policies including the City of Hobart Rates and Charges Policy.  As a result of the review these policies may need to be updated.

8.2.     This matter is consistent with pillar 4, 7 and 8 in the City of Hobart Capital City Strategic Plan 2019-2029 and outcome 7.1 Hobart has a diverse supply of housing and affordable homes, and strategies as follows:

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

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

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

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

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

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

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

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

8.3.     8.5.9 – Monitor and maintain the City’s long-term financial sustainability.

9.         Financial Viability

9.1.     Funding Source and Impact on Current Year Operating Result

9.1.1.     There are no financial implications on the current operating result from this report.  The costs to undertake the review will be absorbed within current operating budgets.

9.2.     Impact on Future Years’ Financial Result

9.2.1.     There are no financial implications on the future years’ financial result.  A change to the City’s rating and valuation strategy does not result in a financial windfall for the Council.  The City only collects the amount of revenue from rates and charges it requires from its budget each year.

9.3.     Asset Related Implications

9.3.1.     There are no asset related implications arising from this report.  However, the Strategy is integral to the City’s strategic asset management plan.  A sustainable Strategy is required to ensure that capital works and the required infrastructure of a growing City can be funded.

10.      Community Engagement

10.1.   An important element of the Review is community and stakeholder engagement.  A community engagement plan has been prepared – refer Attachment C.

10.2.   Feedback from other councils who have undertaken a similar review is:

10.2.1.  Input from an advisory committee of ratepayer representatives is invaluable.  It is therefore proposed that an Advisory Group is established for this review process; and

10.2.2.  Comments from multiple community feedback opportunities were similar.  It is therefore proposed that submissions are sought from the community on the draft Rating and Valuation Strategy once prepared.

11.      Communications Strategy

11.1.   As outlined in section 10 above, an important element of the review is community engagement.  It is therefore proposed that an appropriate communications and media strategy is developed to support the Review, including the expressions of interest process to select the CAG.

12.      Innovation and Continuous Improvement

12.1.   It is considered best practice to continually review the City’s rating and valuation strategy as outlined in section 6.9.7 above.  Monitoring of the new Strategy once implemented to ensure the benefits and principles are being achieved will be critical.  It is intended that as part of the new Strategy a regular review process will be incorporated to address changes in the environment, indexation or municipal area revaluations that may impact the Strategy.

 

 

 

 

 

 

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

 

Lara MacDonell

Manager Rates, Procurement and Risk

Michael Reynolds

Director City Enablers

 

Date:                            9 January 2023

File Reference:          F23/1854

 

 

Attachment a:             Rating and Valuation Review Timeline

Attachment b:             Discussion Paper - Review of the City of Hobart Rating and Valuation Strategy

Attachment c:            Community Engagement Plan   


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ATTACHMENT a

 

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ATTACHMENT b

 

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ATTACHMENT c

 

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16.      Recurring Financial and Governance Reports

            File Ref: F23/1296

Memorandum of the Director City Enablers of 9 January 2023 and attachment.

Delegation:                 Council


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Memorandum: Council

 

Recurring Financial and Governance Reports

 

The purpose of this memorandum is to provide information to Council on recurring reports that previously were considered by the then Finance and Governance Committee and propose how this information will be provided to Council moving forward.  

 

Under the former Council governance structure, the then Finance and Governance Committee (Committee) received regular recurring reports related to Budget & Finance, debt management, borrowings and investments, grants & benefits provided, Rates, Procurement and the Annual Plan.  Some of these reports were provided to Committee for information / noting, while others progressed to Council for decision making.

 

The new City of Hobart Governance Model endorsed by Council at its meeting on 21 November 2022 has presented an opportunity to review how information previously provided to Committee is now provided to Council, particularly information that previously was provided to Committee for information / noting only. 

 

A listing of recurring reports that were previously provided to Committee and how this information is proposed to be provided to Council moving forward is attached – refer Attachment A

 

Reports will now be provided directly to Council for decision making.  It is proposed that some information previously reported separately to Committee for information / noting, is included in one consolidated report of like information.  As an example, Committee received separate reports on sundry debt management, borrowings & investments and grants & benefits provided, for information and noting only.  These reports are all finance related.  It is therefore proposed that the information is included in the quarterly Financial Report to Council, thereby providing one consolidated report.  

 

It should be noted that under this proposal Council will continue to receive the same information it did as when it was presented through the Committee process under the former Council governance model.

 

The following benefits will be realised through this proposal:

·    Information that previously went to the Committee for information / noting and therefore did not progress to Council, will now be received by all Elected Members.

·    Like information will now be provided in a single report, thereby reducing the number of reports being prepared and the administrative burden and cost of such. 

·    Consolidated information received at the same time in a single report will be more effective, readable and aid decision-making.

 

REcommendation

That the Council endorse the Finance and Governance Recurring Reports – Reporting Proposal, detailing how information will now be provided to Council, marked as Attachment A.

 

 

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:                            9 January 2023

File Reference:          F23/1296

 

 

Attachment a:             Finance and Governance Recurring Reports - Reporting Proposal   


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ATTACHMENT a

 

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17.      Citizenship Ceremonies - January 2024 Onwards

            File Ref: F23/513

Report of the Manager Community Programs and the Director Connected City of 9 January 2023 and attachment.

Delegation:                 Council


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REPORT TITLE:                  Citizenship Ceremonies - January 2024 Onwards

REPORT PROVIDED BY:  Manager Community Programs

Director Connected City

 

1.         Report Summary

1.1.     The Council has been notified by the Department of Home Affairs that there has been an amendment to the Australian Citizenship Ceremonies Code (the Code) allowing citizenship ceremonies to be held on Australia Day or the three days prior or three days after Australia Day. This advice is shown at ATTACHMENT A.

1.1.1.     Prior to this announcement, the Code stipulated that in order to host any citizenship ceremonies, Councils must hold a citizenship ceremony on 26 January.

1.2.     In line with the Council’s previous policy decision in 2017 to advocate for changing the date of Australia Day from 26 January and associated actions, it is proposed that Council adopt a policy that from 2024, citizenship ceremonies that would have been held on 26 January be held on alternative dates in accordance with the amendment to the Code. 

2.         Key Issues

2.1.     It is acknowledged that changing the date of Australia Day and reducing events such as citizenship ceremonies being held of that date is still a divisive issue within the broader community and may attract some negative feedback.  It is noted however that there is a much greater understanding that 26 January is not a day of celebration for all citizens.

2.2.     Changing the date of the citizenship ceremony from 26 January may impact on the Sandy Bay Regatta with the ceremony being held in partnership with this event for over 50 years. Formal discussions are yet to be held with the Sandy Bay Regatta Association regarding future opportunities for an alternative date.


 

 

3.         Recommendation

That:

1.      From 2024, the City’s January citizenship ceremony be held in the three days prior or the three days after 26 January.

(i)      The Council note, this action is in line with advice received from the Department of Home Affairs on 16 December 2022 relating to the amendment of the Australian Citizenship Ceremonies Code and is in accordance with the Council’s Social Inclusion Policy 2020 and the Aboriginal Commitment and Action Plan 2020-22.

2.      An update including the proposed date for the 2024 ceremony to be provided to the Council once engagement has occurred with the Sandy Bay Regatta Association and operational considerations have been investigated.

 

 

 

4.         Background

4.1.     On 3 April 2017 the Council resolved that:

1. A report be provided to review City of Hobart events commemorating Australia Day on 26 January, including first and foremost to consider changing the date of the Hobart citizenship ceremony currently held on 26 January.

2.  The City of Hobart consult with the Aboriginal community in order to consider a better date and way of understanding aboriginal culture and history, so that we can all celebrate Australia Day as a nation.

3.  The report also consider efforts the City of Hobart could take to lobby the Australian Government to change the date nationally.

4.2.     Subsequently, a detailed report was presented to the Community, Culture and Events Committee on 18 October 2017 presenting a range of options relating to the potential impacts for changing the date of the City’s citizenship ceremony and activities on 26 January. A copy of this report including attachments is shown at ATTACHMENT A.

4.3.     It is noted that at that time in 2017, the Australian Government advised that if the City did not hold the ceremony on that date, the Council would be stripped of the right to hold any citizenship ceremonies at all.

4.4.     Recommendations were subsequently provided to the Council at its meeting of 23 October 2017 where it resolved that:

1.   The Council commit to the non-politicisation and continuation of all citizenship ceremonies it conducts.  Thereby, the citizenship ceremony on 26 January will be conducted in accordance with the Department of Immigration and Border Protection's Australian Citizenship Ceremonies Code.

2.    The Council officially support a change of date for Australia Day, to be held on a day other than 26 January, advocated by:

(i)        Officially supporting and becoming part of the national #changethedate campaign;

(ii)       Submitting the following motion to the next Local Government Association of Tasmania (LGAT) General Meeting, “That LGAT lobby the Australian Government to change the date of Australia Day.”;

(iii)      Joining with other Australian councils that support a change of date from 26 January, to lobby the Australian Government via jointly prepared correspondence, in line with the resolution passed by the National General Assembly of Local Government in June 2017; and

(iv)      Aldermen participating in the Tasmanian Aboriginal Community’s Invasion Day Protest on 26 January in Hobart, with the City providing event support, if required.

3.   The Council seek ways to further engage with the Tasmanian Aboriginal Community.

4.   The Council continue to sponsor and support the Sandy Bay Regatta.

4.5.     The above recommendations have continued to be actioned in the period following this resolution in 2017.

4.5.1.     It is noted that at the Council meeting of 12 December 2022, the Council resolved that the 2023 Hobart Community Awards not be presented at the Citizenship Ceremony to be held on Australia Day, but to be presented at the first Citizenship Ceremony held following 26 January.

4.6.     A specific action to ‘continue to advocate for a change in the date of Australia Day and support the Tasmanian Aboriginal Community’s Invasion Day Protest on 26 January in Hobart as appropriate’ is included in the City’s Aboriginal Commitment and Action Plan 2020-22.

5.         Legal, Risk and Legislative Considerations

5.1.     All citizenship ceremonies must be delivered in accordance with the Australian Citizenship Ceremonies Code and the recommended change to the date to be within three days either side of 26 January would be in accordance with the Code and pose no legal or legislative risk.

5.1.1.     Other operation requirements under the Code would be observed as with any citizenship ceremony delivered by the City.

5.2.     It is noted that changing the date of Australia Day and associated activities is still a divisive issue in the broader community and there may be some negative commentary if the Council supports changing the date of the citizenship ceremony.

5.2.1.     Messaging should note that the change is in line with the direction provided by the Department of Home Affairs.

6.         Discussion

6.1.     Dialogue and debate continues to gain momentum across the nation about the current legislated date for Australia Day, 26 January.

6.2.     All states and territories adopted the term ‘Australia Day’ in 1935 but it was only in 1994 when they agreed to standardise and celebrate it on the same day, 26 January, to minimise business disruptions nationwide.

6.3.     Even though the date of 26 January is regarded as Australia’s ‘start’ from a British perspective, and signifies national pride and belonging for a majority of citizens, it is viewed by many Aboriginal, Torres Strait Islander and non-Aboriginal peoples as ‘Invasion Day’, ‘Survival Day’ or ‘Day of Mourning’ given the destructive outcomes for the Aboriginal population since the arrival of the First Fleet, such as disease, death, dispossession of lands and loss of culture.

6.4.     Whilst the Aboriginal community is not fully unified on changing the date, each year there are ever-increasing public protests by the general population with calls to change the date of the national holiday in recognition that 26 January is not a day of celebration for all Australians and therefore does not unify the nation.

6.5.     Discussions involve what the public holiday means for different people, whether or not the date is inclusive for all to celebrate, and what the national day should be if not 26 January.

6.6.     Every year there are ever increasing public rallies protesting against the current date with calls to change the date in recognition that 26 January is not a day of celebration for all Australians.  This discourse has increased since the previous Council resolution in 2017.

6.7.     It is noted that there may be a considerable impact on the Sandy Bay Regatta if the citizenship ceremony is not to be held on Australia Day in the future.  The regatta is celebrating its 175th Anniversary in 2023 and the City has held its citizenship ceremony at this event for the past 50 years.

6.7.1.     Discussions would need to be held with the Sandy Bay Regatta Association (SBRA) to determine if there were opportunities to continue to partner on an alternative date (potentially weekend prior or after) or whether the regatta and the citizenship ceremony would need to be held separately.

6.7.2.     It is noted that the partnership with the SBRA includes the sharing of infrastructure, equipment, promotion and logistical support.  The SBRA has for many years received a City Partnership Grant to support the delivery of their event.

6.8.     If Council were to support a change to the date for the citizenship ceremony in 2024 and beyond, potential dates would be considered taking into consideration a range of operation requirements including: parliamentary sitting dates; venue availability; consultation with key stakeholders; availability of Presiding Officer and Elected Member commitments.

6.9.     It is proposed that an update would be provided to the Council once engagement has been undertaken with the Sandy Bay Regatta and other stakeholders and operational matters have been considered. This update would include the proposed date for the 2024 ceremony.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     This proposal strongly aligns with the City’s community vision related to celebrating our diversity and to be a welcoming and inclusive city and a commitment to support authentic reconciliation.

8.         Capital City Strategic Plan

8.1.     This proposal aligns with the Capital City Strategic Plan 2019-29 in relation to Pillar 2  - community inclusion, participation and belonging with particular emphasis on celebrating diversity to reduce social isolation and build social cohesion.

8.2.     This proposal is very strongly aligned with the Aboriginal Commitment and Action Plan 2020-22 with a specific action to: ‘continue to advocate for a change in the date of Australia Day and support the Tasmanian Aboriginal Community’s Invasion Day Protest on 26 January in Hobart as appropriate’

8.3.     The proposal is also strongly aligned with the Social Inclusion Policy 2020 and the Hobart for All: Community Inclusion and Equity Framework.

9.         Regional, State and National Plans and Policies

9.1.     The Australian Government has empowered the Council to administer citizenship ceremonies on its behalf. Local government must deliver ceremonies in accordance with the Code.

9.2.     According to the Australian Citizenship Ceremonies Code (the Code), “Citizenship ceremonies are non-commercial, apolitical, bipartisan and secular.  They must not be used as forums for political, partisan or religious expression or for the distribution of material which could be perceived to be of a commercial, political or religious nature.”

9.3.     The power to make a sweeping change nationwide to the date of the Australia Day holiday rests with the Prime Minister.

9.4.     Nevertheless, it is also possible for State Premiers to change the date of the holiday for their populations since dates of all public holidays are decided at the state level.  However there are numerous practical challenges which would be faced if the date was unilaterally changed by a state or territory, and it is unlikely that this would happen in Tasmania under the current government.

10.      Financial Viability

10.1.   Funding Source and Impact on Current Year Operating Result

10.1.1.  There would be no impact on the current year’s operating result as the 2023 citizenship ceremony will be held on 26 January as planned.

10.2.   Impact on Future Years’ Financial Result

10.2.1.  There may be financial implications depending upon whether or not the 2024 ceremony would be held in conjunction with the Sandy Bay Regatta.

10.2.1.1.    If it continued to be held as part of that event it is considered the budget allocation would remain similar to the current allocation.

10.2.1.2.    If the citizenship ceremony was not to be held in conjunction with the regatta, the ceremony would most likely be smaller and held in Town Hall with a reduced cost allocation.

10.3.   Asset Related Implications

10.3.1.  There are no asset related implications.

11.      Community Engagement

11.1.   There are mixed community views regarding the date of Australia Day with the Council receiving both positive and negative public response when proposing to change the date of our citizenship ceremony in 2017.

11.1.1.  It is noted that at that time, the City would have been one of the first councils nationally to take that step.

11.1.2.  This situation has changed considerably over the past five years with several more mainland councils changing the date of their ceremonies and noting that a change in date would be in line with the amendment to the Code from the Australian Government.

11.2.   Formal community and stakeholder engagement has not been specifically been undertaken on this matter.

11.3.   The views of the members of the Aboriginal community involved in the development of the Aboriginal Commitment and Action Plan (ACAP) were very supportive of Council not holding events on 26 January which resulted in a specific action being included in the ACAP.

12.      Communications Strategy

12.1.   A communications strategy has been prepared in conjunction with the communications team.

 

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

Jacqui Allen

Director Connected City

 

Date:                            9 January 2023

File Reference:          F23/513

 

 

Attachment a:             Advice from Department of Home Affairs   


Item No. 17

Agenda (Open Portion)

Council Meeting - 23/1/2023

Page 87

ATTACHMENT a

 

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Item No. 18

Agenda (Open Portion)

Council Meeting

Page 88

 

23/1/2023

 

 

18.      Queenborough Oval Buildings Concept Plan

            File Ref: F22/97352

Report of the Strategic Recreation Planner and the Director City Life of 17 January 2023 and attachments.

Delegation:                 Council


Item No. 18

Agenda (Open Portion)

Council Meeting

Page 93

 

23/1/2023

 

 

REPORT TITLE:                  Queenborough Oval Buildings Concept Plan

REPORT PROVIDED BY:  Strategic Recreation Planner

Director City Life

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to seek Council endorsement of a proposal to upgrade the changerooms, public toilets and associated facilities at Queenborough Oval.

1.2.     The proposal utilises funding received from a 2021 State Government election commitment to progress the Queenborough Oval Buildings Concept Plan.

1.3.     The Oval is very highly utilised and the proposed improvements to the changerooms facilities will be very welcome by the many ground users.

2.         Report Summary

2.1.     Following development of the Queenborough Ovals Masterplan (2015) an Implementation Plan was approved by Council in 2019 to guide future development of the precinct for new facilities for the clubs and sports that use the grounds.

2.2.     In the 2021 State Government election a commitment of $2,000,000 funding of a projected $7million project was made for the construction of new changroom facilities at Queenborough Oval.  The $2,000,000 commitment has been allocated to the Council to progressively draw on as expended. 

2.3.     Given the amount provided and the amount required for the development of the whole of the Masterplan the City met with the resident clubs and three options to progress the changerooms were explored as the current ones are in poor condition and do not meet modern standards. 

2.4.     Options have been developed for the refurbishment of the current changerooms, partial new buildings for changerooms and a separate and completely new building for new changerooms (Attachment A).

2.5.     Preference has been given to a new curved building which has a scalable set of changerooms to accommodate multiple teams and separate facilities for male and female game to occur consecutively. 

2.6.     It is also proposed to replace the current antiquated public toilets, kiosk and scorers box at the ground with new facilities above the new changerooms as Council’s financial contribution to the project

2.7.     Approval is sought to progress the improvement works, with the CEO to be delegated to secure all statutory permits for the works.

3.         Recommendation

That:

1.      Council endorse the proposal to upgrade player and umpire changerooms, public toilets, a scorers box and kiosk facilities at Queenborough Oval as generally outlined in attachment A and B.

2.      Council note the City’s current asset replacement budget allocation of $500,000 for this facility and that a further $1,000,000 be allocated in the 23/24 financial year to complete this project and these amounts represents the Council’s contribution.

3.      The CEO be delegated to secure all statutory permits for the development to proceed.    

 

4.         Background

4.1.     The Council approved an implementation plan for Queenborough Oval in 2019, which proposed the demolition of the two existing buildings on the site, including the ‘Scott Palfreyman Stand’ – photo below.

4.2.     The original plan was proposing a new building facility that contained a number of functions including four changerooms, umpires facilities, public toilets (including accessible), a function room, kiosk and storage.

4.3.     The estimated construction cost of the new facility was estimated at around $7million in 2020.

4.4.     The Scott Palfreyman Stand is noted in the City’s asset register as being constructed in 1965 with a 120 year lifespan, meaning the register notes a remaining depreciable value that currently totals around $1.2million. 

4.5.     Premature demolition of this facility will have a financial impact to the City.

4.6.     To enable the building from the 2019 plans to proceed, it would require the full funding to be available as both the existing buildings would be demolished, meaning it could not be staged and the ground remain functional – it is considered unlikely that this will occur.

4.7.     It would also mean all covered external seating would be lost until full funding was available.

4.8.     Given the above and the funding allocation of around $2.15 million, the plans have been reviewed, and it is now proposed to retain the existing buildings.

4.9.     The changerooms that are currently in the ‘Scott Palfreyman Stand’ will be refurbished into umpires changes facilities as part of the current project, and into a gym/medical room as a future stage.

4.10.   The proposal is to construct a new building facility that will accommodate the four new changeroom facilities, which will sit on the eastern side of the existing stands as shown in the plan. The building will enable addition levels to be added which would allow for new public toilets, a scorers box and kiosk to be constructed.  The full cost of the project is anticipated to be $3 million with a 1/3-2/3 contribution from the Council and the State Government respectively. 

4.11.   The revised plans have been discussed and agreed with by the primary stakeholders of the facility which include Hutchins Old Boys Football Club, South Hobart Sandy Bay Cricket Club and Sandy Bay Junior Football Club.

5.         Proposal and Implementation

5.1.     It is proposed that the Council endorse the proposal to significantly upgrade and enhance the player changerooms and supporting facilities at Queenborough Oval, Sandy Bay.

5.2.     It is proposed that the CEO be delegated authority to secure all statutory permits for the works.

6.         Strategic Planning and Policy Considerations

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

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

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     An Asset Replacement budget of $500,000 is allocated in the City’s current annual plan to supplement the grant funding of $2,000,000 provided by the State Government.

7.2.     Impact on Future Years’ Financial Result

7.2.1.     A further $1,000,000 from the 23/24 capital works budget allocation.

7.2.2.     There will be a modest increase in operational costs for future years budgets due to a larger area required for cleaning and increased power usage.

7.3.     Asset Related Implications

7.3.1.     The buildings will remain as a City assets. 

8.         Social and Customer Considerations

8.1.     The project will have many positive social implications, most notably the increase and improvement in public toilets and amenities and player changerooms to accommodate the largest proportion of female and junior players at the ground within the municipality.

9.         Marketing and Media

9.1.     There will be a media opportunity at the completion of this project.

10.      Community and Stakeholder Engagement

10.1.   Engagement has been undertaken with the Sandy Bay Cricket Club, Sandy Bay Junior Football Club and Hutchins Old Boys Football Club.

10.2.   The development application will be publicly advertised so the community will have an opportunity to provide comment.

11.      Delegation

11.1.   The 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.

 

Kellie Williams

Strategic Recreation Planner

Neil Noye

Director City Life

 

Date:                            17 January 2023

File Reference:          F22/97352

 

 

Attachment a:             Queenborough Oval - Concept Update Lower Floor

Attachment b:             Queenborough Oval - Concep Update Upper Level   


Item No. 18

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Council Meeting - 23/1/2023

Page 94

ATTACHMENT a

 


Item No. 18

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Council Meeting - 23/1/2023

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ATTACHMENT b

 


Item No. 19

Agenda (Open Portion)

Council Meeting

Page 96

 

23/1/2023

 

 

19.      Mount Stuart Memorial Hall Lease Renewal

            File Ref: F23/828; 60-1-6

Report of the Manager Community Programs and the Director Connected City of 17 January 2023 and attachments.

Delegation:                 Council


Item No. 19

Agenda (Open Portion)

Council Meeting

Page 100

 

23/1/2023

 

 

REPORT TITLE:                  Mount Stuart Memorial Hall Lease Renewal

REPORT PROVIDED BY:  Manager Community Programs

Director Connected City

 

1.         Report Summary

1.1.     The purpose of this report is to consider a request for a lease renewal over the Mount Stuart Memorial Hall, 5a Raymont Terrace, Mount Stuart by the Mount Stuart Hall Inc. The request is provided at Attachment A to this report.

1.2.     The Mount Stuart Memorial hall is a highly utilised facility with over 20 separate hirers/activities providing a broad range of recreational programs to the community.

2.         Key Issues

2.1.     The Mount Stuart Progress Association (entity now called the Mount Stuart Hall Inc.) has leased the Mount Stuart Memorial Hall, which is on Council property, since 1950.

2.2.     Mount Stuart Inc. has met all of the obligations of their previous lease and have complied with the conditions of the agreement to a high standard.

2.3.     The information provided by Mount Stuart Hall Inc. demonstrates that the hall is highly utilised with 20 groups or activities operating from the facility.

3.         Recommendation

That:

1.      The Council grant a lease of five years to Mount Stuart Hall Inc. (ABN 48 639 071 260) for the Mount Stuart Memorial Hall, located at 5a Raymont Terrace, Mount Stuart at $50.00 per annum (plus GST) in accordance with the Council’s Policy: Leases to Non-Profit Organisations.

2.      As part of the lease, Mount Stuart Hall Inc. is to be responsible for the full internal maintenance of 5a Raymont Terrace, Mount Stuart.

3.      The benefit provided by the Council be reported in the Council’s Annual Report in accordance with the Council’s Policy: Leases to Non-Profit Organisations.

4.      The Chief Executive Officer be delegated the authority to negotiate and agree to the final lease terms.

4.         Background

4.1.     The Mount Stuart Progress Association has leased the Mount Stuart Memorial Hall, which is on Council property, since 1950.

4.2.     The most recent lease agreement which was for a five year term expired in 2020.  Previously the lease was for a 21 year term that expired in 2009.

4.3.     Council officers are in regular contact with the Association and an inspection of the buildings and surrounds has revealed that the lessee is complying with the conditions of the most recent agreement to a high standard.

4.3.1.     The Association’s most recent audited financial statement, certificate of currency – public liability and CBOS annual return 2021 are attached at Attachment B to this report.

4.4.     The lease agreement is similar to those in place for a number of community organisations where minimal rent is paid, proposed to be $50 per annum, however it is proposed that full maintenance responsibilities for the internal areas of the facility (as detailed in the lease agreement) are undertaken by the lessee.

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

4.6.     Opteon was engaged to undertake a market valuation of the facility. The market rental value for the building determined by the valuer is $44,000 (GST exclusive) per annum.

4.7.     The benefit of reduced rental would be noted in the 2022/2023 Annual Report in accordance with the Council’s policy in respect to grants and benefits disclosure.

4.8.     It is proposed that the request for a new lease agreement be approved with conditions to be determined by the Chief Executive Officer.

5.         Legal, Risk and Legislative Considerations

5.1.     Any lease agreement will require the lessee to hold public liability insurance for the full term of the lease.

6.         Discussion

6.1.     It is proposed that the Council approve a new five year lease for the Mount Stuart Memorial Hall, located at 5a Raymont Terrace, Mount Stuart.

6.2.     It is proposed that the lessee be charged $50 per annum in rent, with full internal maintenance responsibilities being borne by the lessee.

6.3.     The benefit of a reduced rental would be noted in the 2022/2023 Annual Report in accordance with the Council’s policy in respect to grants and benefits disclosure.

6.4.     The specific terms and conditions in the lease agreement be to the satisfaction of the Chief Executive Officer.

6.5.     The new lease agreement will be developed by the Council’s Legal Services Officer.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     The provision and high utilisation of our community facilities is strongly aligned with multiple aspects of the community vision including community connection health and wellbeing.

8.         Capital City Strategic Plan

8.1.     This proposal is strongly aligned with many pillars and actions included in the Capital City Strategic Plan 2019-29 specifically in the areas of community connections and wellbeing and is in direct alignment with the City for All: Community Inclusion and Equity Framework.

9.         Financial Viability

9.1.     Funding Source and Impact on Current Year Operating Result

9.1.1.     This proposal would not impact on the current year operating result.

9.2.     Impact on Future Years’ Financial Result

9.2.1.     This proposal would not impact on future years’ operating result.

9.3.     Asset Related Implications

9.3.1.     This proposal continues the existing asset management and maintenance arrangements.

10.      Sustainability Considerations

10.1.   The building services and asset management team consider opportunities to improve energy efficiency and minimise environmental impacts for the City’s building assets.

11.      Community Engagement

11.1.   The members of Mount Stuart Hall Inc. have been engaged to provide information to assist in the development 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

Jacqui Allen

Director Connected City

 

Date:                            17 January 2023

File Reference:          F23/828; 60-1-6

 

 

Attachment a:             Mount Stuart Hall Inc Lease Request

Attachment b:             Mount Stuart Inc. Lease Documentation

Attachment c:            Criteria Assessment Mt Stuart Hall   


Item No. 19

Agenda (Open Portion)

Council Meeting - 23/1/2023

Page 103

ATTACHMENT a

 

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Item No. 19

Agenda (Open Portion)

Council Meeting - 23/1/2023

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ATTACHMENT b

 

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Item No. 19

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Council Meeting - 23/1/2023

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ATTACHMENT c

 

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Item No. 20

Agenda (Open Portion)

Council Meeting

Page 116

 

23/1/2023

 

 

20.      Sandy Bay Scout Hall Lease Renewal

            File Ref: F23/1638

Report of the Manager Community Programs and the Director Connected City of 17 January 2023 and attachments.

Delegation:                 Council


Item No. 20

Agenda (Open Portion)

Council Meeting

Page 120

 

23/1/2023

 

 

REPORT TITLE:                  Sandy Bay Scout Hall Lease Renewal

REPORT PROVIDED BY:  Manager Community Programs

Director Connected City

 

1.         Report Summary

1.1.     The purpose of this report is to consider a request for a lease renewal over the Sandy Bay Scout Hall, 617 Sandy Bay Road, Sandy Bay by Scouts Australia. The request is provided at Attachment A to this report.

1.2.     The Sandy Bay Scout Hall has been home to Sandy Bay Scout Group (SBSG) for over 50 years - with members both youth and parents representing generations who’ve been involved in the Scouts. Currently providing youth activities for 35 youth in the area, the young people who go through the programme develop into strong community participants and leaders.

2.         Key Issues

2.1.     Scouts Australia has leased this facility for over 50 years.

2.2.     SBSG is a community of volunteers (typically parents of the youth), coming together to create a shared experience for youth members. They represent a wide range of values and experiences, and the group itself is accessible to families of all incomes and means.

2.3.     The Sandy Bay Scout Group uses the hall to run Scout Group activities for youth members aged 5 through to 18 years of age. This program develops self confidence, leadership, outdoor skills and civic responsibility through youth leadership supported by adults. They currently run three sections (Cubs, Scouts, and Venturers) with weekly/fortnightly meeting nights depending on adult volunteer availability, and the hall also stores gear for our various outdoor activities.

2.4.     Beyond Scout Group activity, they are also in the process of developing ties with local business and community - for now they have a friendly arrangement with the Hobart Twilight Market to help store their trailer and other items - and over time they would like to help manage the hall towards availability as a community resource when it’s not being used for Scouting activities.

 

 

 

3.         Recommendation

That:

1.      The Council grant a lease of five years to Scouts Australia (ABN 88 43651 823 348) for the Sandy Bay Scout Hall, located 617 Sandy Bay Road, Sandy Bay at $50.00 per annum (plus GST) in accordance with the Council’s Policy: Leases to Non-Profit Organisations.

2.      As part of the lease, Scouts Australia is to be responsible for the internal and external maintenance of 617 Sandy Bay Road, Sandy Bay.

3.      The benefit provided by the Council be reported in the Council’s Annual Report in accordance with the Council’s Policy: Leases to Non-Profit Organisations.

4.      The Chief Executive Officer be delegated the authority to negotiate and agree to the final lease terms.

 

 

4.         Background

4.1.     Scouts Australia has leased the Sandy Bay Scout Hall, which is on Council property, for over 50 years.

4.2.     The most recent lease agreement which was for a five plus five year term expiring in March 2021. 

4.3.     The operational management of this facility has recently transferred to the Community Programs Unit and Council officers have been in regular contact with Scouts Australia with recent maintenance works being undertaken.

4.4.     Scouts Australia’s most recent ACNC Registration, ASIC Registration, Board Member listing and additional information sheet are attached at Attachment B to this report.

4.5.     The lease agreement is similar to those in place for a number of community organisations where minimal rent is paid, proposed to be $50 per annum, however it is proposed that full maintenance responsibilities for the internal and external areas of the facility (as detailed in the lease agreement) are undertaken by the lessee.

4.6.     Assessment of the request was undertaken in accordance with Council Policy Leases to Non Profit Organisations with the assessment of the criteria shown at Attachment C.

4.7.     Opteon was engaged to undertake a market valuation of the facility. The market rental value for the building determined by the valuer is $17,000 (GST exclusive) per annum.

4.8.     The benefit of a reduced rental would be noted in the 2022/2023 Annual Report in accordance with the Council’s policy in respect to grants and benefits disclosure.

4.9.     It is proposed that the request for a new lease agreement be approved with conditions to be determined by the Chief Executive Officer.

5.         Legal, Risk and Legislative Considerations

5.1.     Any lease agreement will require the lessee to hold public liability insurance for the full term of the lease.

6.         Discussion

6.1.     It is proposed that the Council approve a new five year lease for the Sandy Bay Scout Hall, located at 617 Sandy Bay Road, Sandy Bay.

6.2.     It is proposed that the lessee be charged $50 per annum in rent, with full internal and external maintenance responsibilities being borne by the lessee.

6.3.     The benefit of a reduce rental would be noted in the 2022/2023 Annual Report in accordance with the Council’s policy in respect to grants and benefits disclosure.

6.4.     The specific terms and conditions in the lease agreement be to the satisfaction of the Chief Executive Officer.

6.5.     The new lease agreement will be developed by the Council’s Legal Services Officer.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     The provision and high utilisation of our community facilities is strongly aligned with multiple aspects of the community vision related to provision of appropriate, well maintained community facilities that support community connection, health and wellbeing.

8.         Capital City Strategic Plan

8.1.     This proposal is strongly aligned with many pillars and actions included in the Capital City Strategic Plan 2019-29 in the areas of community connection and social cohesion, health and wellbeing and is in direct alignment with the City for All: Community Inclusion and Equity Framework.

9.         Financial Viability

9.1.     Funding Source and Impact on Current Year Operating Result

9.1.1.     This proposal would not impact on the current year operating result.

9.2.     Impact on Future Years’ Financial Result

9.2.1.     This proposal would not impact on future years’ operating result.

9.3.     Asset Related Implications

9.3.1.     This proposal continues the existing asset management and maintenance arrangements.

10.      Sustainability Considerations

10.1.   The building services and asset management team consider opportunities to improve energy efficiency and minimise environmental impacts for the City’s building assets.

11.      Community Engagement

11.1.   Scouts Australia has been engaged to provide information to assist in the development 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

Jacqui Allen

Director Connected City

 

Date:                            17 January 2023

File Reference:          F23/1638

 

 

Attachment a:             Sandy Bay Scout Hall - Lease Letter

Attachment b:             Scouts Tasmania Documents

Attachment c:            Criteria Assessment Sandy Bay Scout Hall   


Item No. 20

Agenda (Open Portion)

Council Meeting - 23/1/2023

Page 122

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Item No. 20

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Item No. 21

Agenda (Open Portion)

Council Meeting

Page 133

 

23/1/2023

 

 

21.      Long Beach Reserve Sandy Bay - Request to install memorial plaque for 175th anniversary of Sandy Bay Regatta Association

            File Ref: F23/1163; 5601657R

Report of the Program Leader Arboriculture & Nursery, the Parks and Reserves Program Officer and the Director City Life of 17 January 2023 and attachments.

Delegation:                 Council


Item No. 21

Agenda (Open Portion)

Council Meeting

Page 137

 

23/1/2023

 

 

REPORT TITLE:                  Long Beach Reserve Sandy Bay - Request to install memorial plaque for 175th anniversary of Sandy Bay Regatta Association

REPORT PROVIDED BY:  Program Leader Arboriculture & Nursery

Parks and Reserves Program Officer

Director City Life

 

1.         Report Summary

1.1.     The purpose of this report is to seek approval for the installation of a memorial plaque associated with a tree planting at the Long Beach Reserve.

1.2.     The request is from Peter Douglas Chairman of the Sandy Bay Regatta Association (SBRA) as part of a commemorative ceremony to mark the 175th Regatta to be held on 26th January 2023. This is understood to be the longest running, continuously operating regatta of its type in the southern hemisphere, commencing in 1848.

1.3.     It is proposed that Her Excellency, the Governor of Tasmania, will undertake the tree planting and unveil the plaque.

2.         Key Issues

2.1.     The installation of plaques is governed by the ‘Donation of Park Furniture and Equipment, Memorial Plaques and Tree Plantings in Parks, Bushland and Reserves’ Policy (F17/165062).

2.1.1.     This policy details that:

Plaques be only installed to commemorate historically important national or state events, or people who have made a significant contribution to the social, political and cultural life of Hobart subject to the approval of the Parks and Recreation Committee.

2.2.     Given that the Sandy Bay Regatta is thought to be the longest running, continuously operating regatta of its type in the southern hemisphere (since commencing in 1848) it is considered that this is event is of appropriate significance to warrant a commemorative plaque.

2.3.     It is intended that Her Excellency, the Governor of Tasmania will plant a tree and unveil the plaque as part of the ceremonial events on the day


 

3.         Recommendation

That:

1.      Approval of the request from the Sandy Bay Regatta Association be granted for the installation of a plaque and associated tree planting at Long Beach Reserve, Sandy Bay to commemorate the 175th Sandy Bay Regatta.

2.      All costs for production and installation of the plaque to be met by the applicant.

3.      The wording and location of the plaque will be to the satisfaction of the Director City Life.

 

4.         Background

4.1.     A request has been received to install a memorial plaque and associated tree planting at Long Beach Reserve, Sandy Bay (refer Attachment A).

4.2.     The request is from the Sandy Bay Regatta Association and the planting ceremony and unveiling of the plaque will take place as part of the celebrations of their 175 year anniversary, to be held on 26th January 2023.

4.3.     The City of Hobart is a primary supporter of the Sandy Bay Regatta and provides a sponsorship grant for the Regatta. The City of Hobart has previously hosted Citizenship Ceremonies as part of the event.

4.4.     The request meets the criteria of the City’s Policy ‘Donation of Park Furniture and Equipment, Memorial Plaques and Tree Planting in Parks, Bushland and Reserves’, specifically:

4.4.1.     Clause 3(1)(ii) states:

Plaques be only installed to commemorate historically important national or state events, or people who have made a significant contribution to the social, political and cultural life of Hobart subject to the approval of the Parks and Recreation Committee.

The request is deemed to meet this criteria.

4.4.2.     Clause 3(1)(v) states:

The application for a plaque be supported by a minimum of three third parties, one of which must be a local community group.

The request includes endorsement from the Royal Yacht Club Tasmania, Carlton Beach Surf Life Saving Club and Sandy Bay Sailing Club (refer Attachments B, C and D).

5.         Discussion

5.1.     If approved, the wording and location for the plaque will be decided in consultation with the Director City Life.

5.2.     The location of the proposed tree planting has been agreed upon in consultation with the SBRA and the Bushland, Biodiversity and Waterways team. The location will not affect any management plans, park values or needs of park users.

5.3.     The SBRA will provide the commemorative plaque and plinth for its mounting.

5.4.     City of Hobart will provide a tree of an appropriate size and species for the event and will provide ongoing maintenance of the tree post planting. SBRA will be responsible for all associated planting costs. Such costs will be compiled by the City and accumulated with the value of any other “in kind” support , which will then be deducted from the City of Hobart sponsorship grant to SBRA.  It is expect that this will amount to approximately $500. 

6.         Hobart: A Community Vision For Our Island Capital

6.1.     Section 2.3.3: We are connected to our histories, honouring and learning from our past and keeping future generations at the heart of our thinking.

6.2.     Section 3.5.2: 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.         Regional, State and National Plans and Policies

7.1.     The proposed installation of a plaque is within guidelines of the Council policy titled ‘Donation of Park Furniture and Equipment, Memorial Plaques and Tree Planting in Parks, Bushland and Reserves’ (refer Attachment E).

7.2.     The location of the plaque will not affect any management plans, park values or needs of park users.

8.         Financial Viability

8.1.     Funding Source and Impact on Current Year Operating Result

8.1.1.     All costs of the plaque and installation will be met by the SBRA.

8.2.     Impact on Future Years’ Financial Result

8.2.1.     Ongoing maintenance costs will be negligible.

8.3.     Asset Related Implications

8.3.1.     The plaque will be in place for a minimum of 10 years

9.         Community Engagement

9.1.     There will be opportunities leading up to and post the event to note the City of Hobarts support in the event, and the significance of the 175th anniversary.

 

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.

 

Ruby Wilson

Program Leader Arboriculture & Nursery

Heather Huxley

Parks and Reserves Program Officer

Neil Noye

Director City Life

 

 

Date:                            17 January 2023

File Reference:          F23/1163; 5601657R

 

 

Attachment a:             Request for commemorative plaque and tree - SBRA

Attachment b:             Letter of Support - Clifton beach Surf Life Saving Club

Attachment c:            Letter of Support - The Royal Yacht Club of Tasmania

Attachment d:            Letter of Support - Sandy Bay Sailing Club

Attachment e:             Policy- Donation of park furniture and equipment, memorial plaques and tree planting in parks, bushland and reserves   


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22.      Community Advisory Groups - Elected Member Representatives

            File Ref: F23/1120

Report of the Manager Community Programs and the Director Connected City of 17 January 2023 and attachments.

Delegation:                 Council


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REPORT TITLE:                  Community Advisory Groups - Elected Member Representatives

REPORT PROVIDED BY:  Manager Community Programs

Director Connected City

 

1.         Report Summary

1.1.     The purpose of this report is to seek Council representation on two internal committees of Council being the Hobart Access Advisory Committee and the Housing with Dignity Reference Group following the recent Council elections.

1.1.1.     These two community committees are actively involved in providing advice to the City and supporting the delivery of initiatives and projects.

1.2.     Representation on these committees are reviewed after each local government election.

1.3.     The Council has already resolved membership on some external bodies at its meeting of 21 November 2021.

1.4.     The Access Advisory Committee (AAC) has been established for approximately 30 years and its role is to provide advice to the City of Hobart on matters relating to accessibility, with a focus on access for people with disability.  The ACC meets quarterly, with additional sub-committee meetings, on-site visits and working groups convened as required. The Terms of Reference for the AAC are shown at Attachment A.

1.5.     On 18 February 2019, Council approved the establishment of a Housing with Dignity Reference Group (HWDRG) comprising of community members with a lived experience of homelessness or extreme housing stress. A review of the HWDRG was undertaken in July 2020 with the Council approving the ongoing support and development of the group. The group meet formally quarterly with additional working group meetings. The Terms of Reference and Statement of Commitment for the HWDRG are shown at Attachment B.

2.         Key Issues

2.1.     Both the AAC and HWDRG groups have always had Elected Member representatives, with an Elected Member chairing the AAC and co-chairing the HWDRG along with a community member.

2.2.     It would suggested that there be a maximum of two Elected Member representatives for each committee/group. This is particularly important for the HWDRG noting the smaller number of community members and the heightened vulnerability of participants.

2.3.     It is considered that both of these lived experience reference groups are very important to continue to ensure effective and authentic engagement with community members.

2.3.1.     It is anticipated that these groups will provide a valuable engagement mechanism with the new portfolio structure, particularly with the Welcoming and Inclusive City and Housing and Homelessness Portfolios.

 

3.         Recommendation

That the Council call for nominations from Elected Members to participate in the following community reference groups:

(i)      Access Advisory Committee – Chair and Deputy Chair

(ii)     Housing with Dignity Reference Group – Co-Chair and Deputy Co-Chair

 

 

4.         Background

Access Advisory Committee

4.1.     The role of the Access Advisory Committee over the past 30 years has been to provide advice and assistance to the City of Hobart on matters related to access, specifically:

4.1.1.     in the implementation of the City of Hobart's Social Inclusion Policy, Community Inclusion and Equity Framework and Equal Access Commitment;

4.1.2.     in setting priorities each year for works to improve access for all in parks and streetscapes;

4.1.3.     through identifying and recommending solutions to access issues in any relevant Council projects, events, new Council works or upgrades to Council facilities or services;

4.1.4.     by identifying and advising the Council of other access issues in the City for which Council has an interest and/or responsibility; and

4.1.5.     by identifying and supporting participation programs and projects through funding for International Day of People with Disability and Ability to Create initiatives.

4.2.     The Advisory Committee comprises community members and sector representatives who have an interest in access issues in the City. There are approximately 20 community representatives on the AAC with staff from across the organisation whose work requires accessibility considerations also regularly attending the meetings.

4.3.     The ACC meets quarterly, with additional sub-committee meetings, on-site visits and working groups convened as required. The AAC quarterly meetings for 2024 are to be held on 1 February, 3 May, 2 August and 6 December. The meetings are in the Elizabeth Street Conference Room between 12.30pm – 2.00pm.

Housing with Dignity Reference Group

4.4.     The Housing with Dignity Reference Group was established in April 2019 in order to strengthen the City’s engagement in the areas of Affordable Housing and Homelessness and to provide a voice to members of our community who may be marginalised or who have personally experienced housing stress.

4.5.     A review of the HWDRG was undertaken in July 2020 with the Council approving the ongoing support and development of the group.

4.6.     The purpose of the Housing with Dignity Reference Group is to offer an opportunity to people with a lived experience of homelessness to have a voice, and to provide a place to be heard.

4.7.     The group:

4.7.1.     Supports the Council in the review of the Housing and Homelessness Strategy as well as other relevant strategies and plans.

4.7.2.     Is represented by the Community and Council Co-Chairs on the Greater Hobart Regional Homelessness Alliance.

4.7.3.     Is a crucial reference point, and place for consultation for decisions made by Council about homelessness.

4.7.4.     Identifies priorities for people without a home to advocate and lobby the State and Federal Governments.

4.7.5.     Identifies and participates in promotional and media opportunities to advocate for people without a home.

4.7.6.     Develops submissions and strategic documents where appropriate.

4.7.7.     Has the scope to invite experts and develop working groups in areas of interest for sharing relevant information and/or for forming policy direction.

4.7.8.     Develop and implement initiatives and projects.

4.7.9.     Meet quarterly (with additional working group meetings when required).

4.7.10.  Review the Community Co-Chair every 12 months.

4.8.     The reference group comprises representatives and community members and support people where appropriate, from the following groups who have an interest in homelessness issues in the City:

4.8.1.     Primary homelessness - where a person has an improvised dwelling, tent or no accommodation at all; also known as rough sleeping.

4.8.2.     Secondary homelessness - where a person is accommodated in a hostel, shelter, refuge or another person's home on a temporary basis.

4.8.3.     Tertiary homelessness - where a person is accommodated in a boarding house, shelter or hotel on a medium basis.

4.8.4.     People who are housed, but have experienced homelessness or severe housing stress.

4.9.     The HWDRG provides an opportunity for deeper consultation with the community experiencing, or having previously experienced homelessness or severe housing stress. This reference group has provided a mechanism for these often ignored voices to be heard and an opportunity to advocate and lobby State and Federal governments for improved housing opportunities and homelessness support.

4.10.   Although the members of this group can be transient, and attendance can be variable, the core HWDRG members have demonstrated passion and commitment to the group and have indicated a strong desire to continue with the group. They consider that they continue to have a strong role to play in providing a voice for people without a home and people living in housing stress.

4.11.   The HWDRG meets quarterly, usually on a Wednesday morning at 10am at the Town Hall but does on occasions hold meetings at alternate sites such as Safe Space and Common Ground etc. The next meeting on 25 January will be held at the social housing units in Goulburn Street.

4.11.1.  The group also forms working groups for specific projects or initiatives such as Homelessness Week and the I am Somebody project.

5.         Legal, Risk and Legislative Considerations

5.1.     The AAC provides a valuable engagement mechanism to present projects and initiatives and to obtain valuable feedback from the disability community to mitigate potential issues in relation to the DDA.

6.         Discussion

6.1.     It is proposed that the Council call for nominations from Elected Members to participate in the following community reference groups:

a. Access Advisory Committee - Chair and Deputy Chair

b. Housing with Dignity Reference Group - Co-Chair and Deputy Co-Chair

6.2.     The appointments would be for the term of the Council.

7.         Hobart: A Community Vision For Our Island Capital

7.1.     This proposal strongly aligns with many elements of the Hobart: A Community Vision for Our Island Capital with particular emphasis on inclusive practices ensure all can access and contribute to Hobart life and recognising inequalities, poverty and disadvantage.

8.         Capital City Strategic Plan

8.1.     The AAC and HWDRG strongly align with many actions and areas of the Capital City Strategic Plan 2019-29 related to Pillars 2, 5, 7 and 8 with particular emphasis on activities that support inclusion, equity, community engagement, housing and homelessness.

8.2.     The AAC and HWDRG are also very strongly aligned with the City’s A city for All: Community Inclusion and Equity Framework; Equal Access Commitment; and Affordable Housing and Homelessness Commitment.

9.         Financial Viability

9.1.     Funding Source and Impact on Current Year Operating Result

9.1.1.     The AAC and HWDRG are supported through existing staff resource allocation in the Community Programs unit.

9.1.2.     There is a small catering cost associated with hosting the community meetings.

9.1.3.     Funding allocations have been included in the 2022/23 budget to deliver a range of homelessness and accessibility initiatives, events and activities.

 

 

9.2.     Impact on Future Years’ Financial Result

9.2.1.     It is anticipated that annual initiative allocations would continue in future years.

9.3.     Asset Related Implications

9.3.1.     There are no specific asset related implications, however it is noted that accessibility concerns are identified in relation to the City’s assets from members of the AAC and the broader community.

10.      Community Engagement

10.1.   The City convening both the AAC and the HWDRG demonstrates a strong commitment to community engagement, providing mechanism for people with lived experience to actively contribute to the City.

11.      Collaboration

11.1.   The AAC and HWDRG are an engagement tool that is able to utilised across the organisation to ensure the voice of the community is included in the development of projects and programs.

11.1.1.  City staff from across the organisation regularly attend meetings to present projects and obtain feedback from people with lived experience.

 

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

Jacqui Allen

Director Connected City

 

Date:                            17 January 2023

File Reference:          F23/1120

 

 

Attachment a:             Access Advisory Committee Terms of Reference 2023

Attachment b:             Housing with Dignity Reference Group Terms of Reference and Statement of Commitment   


Item No. 22

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Council Meeting - 23/1/2023

Page 156

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Item No. 23

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Report of the Chief Executive Officer

 

23.      Code of Conduct Determination Report
Ms Lynne Robertson v Councillor Bill Harvey

            File Ref: F22/130438

Memorandum of the Chief Executive Officer of 6 January 2023 and attachment.

Delegation:                 Council


Item No. 23

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Memorandum: Council

 

Code of Conduct Determination Report
Ms Lynne Robertson v Councillor Bill Harvey

 

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 Lynne Robertson against Councillor Bill Harvey.

 

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 Lynne Robertson against Councillor Bill Harvey, shown as Attachment A to this memorandum.

 

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

 

Kelly Grigsby

Chief Executive Officer

 

 

Date:                            6 January 2023

File Reference:          F22/130438

 

 

Attachment a:             Code of Conduct Determination Report - Ms Lynne Robertson against Councillor Bill Harvey   


Item No. 23

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Council Meeting - 23/1/2023

Page 167

ATTACHMENT a

 

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Agenda (Open Portion)

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24.     QUESTIONS WITHOUT NOTICE

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

File Ref: 13-1-10

 

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

(a)  of the chairperson; or

(b)  through the chairperson, of –

(i)    another councillor; or

(ii)   the chief executive officer.

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

(a)  offer an argument or opinion; or

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

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

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

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

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

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


 

25.     Closed Portion Of The Meeting

 

RECOMMENDATION

 

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

 

·         Leave of absence

·         A matter relating to personnel

 

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          Personnel Policy

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