Minutes

Open Portion

Monday, 6 March 2017

AT 5.00 pm

Council Chamber, Town Hall


 

Minutes (Open Portion)

Council Meeting

Page 2

 

6/3/2017

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 4

2.        Transfer of Agenda Items. 5

3.        Communication from the Chairman. 5

4.        Notification of Council Workshops. 5

5.        Public Question Time. 5

6.        Petitions. 6

7.        Consideration of Supplementary Items. 6

8.        Indications of Pecuniary and Conflicts of Interest. 6

Reports of Committees. 6

City Planning Committee

9.        Council Acting as Planning Authority. 6

9.1     Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment 8/2016 & S43A Permit - 1 Folder Street and 5 Tew Terrace, Sandy Bay - Consideration of Representations. 7

9.2     190 Bathurst Street, West Hobart, 64 Barrack Street, West Hobart and 62 Barrack Street, West Hobart - Subdivision (Boundary Adjustment) 8

Motions of which notice has been given

10.     kunanyi/Mount Wellington - State Government's Proposed Land Acquisition  9

City Infrastructure Committee

11.     Bike Futures Tasmania Annual Conference, Hobart -  9 March 2017 - Aldermanic Nominations. 11

Economic Development & Communications Committee

12.     Lighting Up Council Facilities - National Road Safety Week 2017. 12

13.     City of Hobart Delegation to China January 2017. 12

14.     Revitalised Elizabeth Mall Information Booth. 13

Governance Committee

15.     Hobart 2025: Next Steps. 14

16.     TasWater Ownership and Governance Issues. 15

17.     Local Government Reform.. 17

18.     Closed Portion of the Meeting.. 19

 


 

Minutes (Open Portion)

Council Meeting

Page 4

 

6/3/2017

 

 

PRESENT:

 

The Lord Mayor Alderman S L Hickey,

Aldermen M Zucco, J R Briscoe, E R Ruzicka, P T Sexton, H C Burnet,
P S Cocker, D C Thomas, A M Reynolds, T M Denison and W F Harvey.

 

                       

Alderman Sexton left the meeting at 5.53 pm, returned at 5.54 pm and was not present for item 12.

Alderman Thomas left the meeting at 5.04 pm after declaring an interest in item 9.1 and returned at 5.06 pm.

APOLOGIES:

 

Nil

 

LEAVE OF ABSENCE:

 

The Deputy Lord Mayor Alderman R G Christie

1.           Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 20 February 2017, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

RUZICKA

HARVEY                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

The minutes were signed.

 

2.       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?

 

No items were transferred.

3.       Communication from the Chairman

 

3.1      Queen Mary 2 Plaque

 

The Lord Mayor advised that Alderman Bill Harvey had been presented with a plaque by Captain Chris Wells, Captain of the Queen Mary 2 on 28 February 2017 in an exchange of gifts whilst the Queen Mary 2 was docked in Hobart.

4.       Notification of Council Workshops

 

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that the following workshop has been conducted since the last ordinary meeting of the Council.

 

Date:       27/2/2017

Purpose: Local Government Reform

5.       Public Question Time

 

5.1      Minute’s Silence at Council Meetings

 

The following question was asked by Ms Antonia Cornelisse:

Question:

“I very much enjoyed your last (public Town Hall) meeting and found the ‘one minute silence’ very moving.  My question is to all Aldermen and the General Manager, could we please have a one minute silence every fortnight after the opening address?”

The Lord Mayor provided the following response and advised Ms Cornelisse that she would receive the response in writing.


Response:

“A minute’s silence is typically observed as a gesture of respect, particularly in mourning those who have passed recently or in acknowledging a tragic historical event.

Whilst the Council appreciates your feedback, it is considered that in order for the observation of a minute’s silence to maintain its significance, that it be reserved for those situations described earlier.”

6.       Petitions

 

No petitions were received.

7.       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 General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

 

No supplementary items were received.

 

8.       Indications of Pecuniary and Conflicts of Interest

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

 

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

 

OR

The following interest was indicated:

 

1.    Alderman Thomas - item 9.1.

 

 

 

 

 

 

 

 Reports of Committees

 

City Planning Committee

 

9.       Council Acting as Planning Authority

 

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

 

In accordance with Regulation 25, the Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Council is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

 

 

 

 

 

Alderman Thomas declared an interest in item 9.1 and retired.

 

9.1      Hobart Interim Planning Scheme 2015 - Planning Scheme Amendment 8/2016 & S43A Permit - 1 Folder Street and 5 Tew Terrace, Sandy Bay - Consideration of Representations

            File Ref: F17/14252

Ref:    Supp. Open CPC 7.1.3, 27/2/2017

 

That:   1.    Pursuant to Section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse the report attached to supplementary item 7.1.3 of the City Planning Committee agenda of 27 February 2017 as the formal statement of its opinion as to the merit of the representation received during the exhibition of the draft 8/2016 amendment and S43A permit.

2.    Pursuant to Section 39 (2) of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the 8/2016 Amendment to the Hobart Interim Planning Scheme 2015 and combined S43A permit be approved as certified.


BRISCOE

BURNET                                                  That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

9.2      190 Bathurst Street, West Hobart, 64 Barrack Street, West Hobart and 62 Barrack Street, West Hobart - Subdivision (Boundary Adjustment)

            PLN-16-00411-01 - File Ref: F17/20910; PLN-16-00411-01

Ref:    Supp. Open CPC 2.1.1, 6/3/2017

Application Expiry Date: 7 March 2017

Extension of Time: Not applicable

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Subdivision (Boundary Adjustment) at 190 Bathurst Street, 62 Barrack Street and 64 Barrack Street, West Hobart for the following reasons:

1.    The proposed boundary adjustment fails to meet Clause E.13.7.3 P1 (c) of the Hobart Interim Planning Scheme 2015 because it provides a lot size and configuration which would allow unsympathetic residential development to the rear of heritage listed places 64 Barrack Street and 190 Bathurst Street.

2.    The proposed boundary adjustment fails to meet Clause E.13.8.3 P1 (d) of the Hobart Interim Planning Scheme 2015 because it will lead to an increased likelihood of future residential development incompatible with the cultural heritage significance of the Inner Hillside Housing/Bathurst Street Heritage Precinct (WH5).

 

BRISCOE

BURNET                                                  That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

VOTING RECORD

AYES

NOES

Briscoe

Lord Mayor Hickey

Ruzicka

Zucco

Sexton

Thomas

Burnet

Denison

Cocker

 

Reynolds

 

Harvey

 

 

 

  

 

 

 

 

 

Motions of which notice has been given

 

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

The motion below has been submitted directly to the Council on the basis that Alderman Reynolds deems the matter to be urgent and therefore requiring determination prior to the next scheduled ordinary meeting of the relevant Committee.

In accordance with the procedures for Notices of Motions, the Council must firstly resolve that the motion is urgent, before it may consider the substance of the motion.

The General Manager reports:

“Due to an administrative error, the Notice of Motion appearing on the agenda issued on 1 March was formatted incorrectly.

The Notice of Motion, as submitted by Alderman Reynolds appears as follows and replaces the version initially issued on the agenda”:

 

10.      kunanyi/Mount Wellington - State Government's Proposed Land Acquisition

            File Ref: F17/20449

 

Alderman Reynolds

Motion

“That Council notes that:

·        The Hobart City Council is an active and significant caretaker of kunanyi/Mount Wellington, spending significant resources every year on good planning and management of the park;

·        Hobart City Council is working proactively to improve and enhance the visitor experience on kunanyi/Mount Wellington and has recently approved the development of three exciting new visitor experiences set out in the One Mountain prospectus;

·        Hobart City Council has approved and is currently developing a major upgrade of the Organ Pipes track and will be spending over $1 million in the next two years to create a world class visitor experience on par with the Wineglass Bay walking track;

·        The Organ Pipes track refurbishment development and a range of other management tasks may be negatively impacted by the actions of the State Government to remove land from our control and management;

·        Hobart City Council has had no approaches from the Mount Wellington Cable Car developer since mid-2014 when Council requested more that information be provided;

·        The other landholder affected by the cable car proposal, Carlton and United Breweries, has also requested further and more detailed information from the project developer before it agrees to providing any landlord approvals to the project.

and resolves to:

Make a public statement of opposition to the State Governments’ plan to forcibly acquire Hobart Council land to help the Mount Wellington cable car project and express our concern about the disrespectful way that the State Government has treated the Hobart City Council on this matter. The statement also express concern at the precedent being created by the State Government by taking this action and confidence in the work of the Hobart City Council in its positive track record in looking after kunanyi/Mount Wellington on behalf of the Hobart community”.


Rationale for Urgency:

The State Government announced to the media on 25 February 2017 that it has decided to take public land on kunanyi/Mount Wellington from Council ownership.  They made this announcement to the media but did not inform the Council, except via a phone call to the Mayor within minutes of informing the media.

The City of Hobart invests significant time and money looking after and providing infrastructure for the mountain park. It is a significant asset of the City of Hobart and the proposal to forcibly acquire Council land to facilitate a particular development needs the urgent consideration of and discussion by the Council.

 

The General Manager reports:

 

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to the use of Council owned land.”

 

REYNOLDS

HARVEY                                          That the motion be considered urgent.

 

MOTION LOST

VOTING RECORD

AYES

NOES

Burnet

Lord Mayor Hickey

Cocker

Zucco

Reynolds

Briscoe

Harvey

Ruzicka

 

Sexton

 

Thomas

 

Denison

 

 

  

City Infrastructure Committee

 

11.      Bike Futures Tasmania Annual Conference, Hobart -
9 March 2017 - Aldermanic Nominations

            File Ref: F17/15600

Ref:    Open CIC 6.1, 22/2/2017

 

That the Council seek nominations for Aldermanic representation at the Bike Futures Tasmania Annual Conference to be held in Hobart, on 9 March 2017, noting there is no cost associated with the registration for the event.

 

BURNET

THOMAS                                          That the recommendation be adopted, noting that Alderman Harvey will attend the conference.

 

MOTION CARRIED

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

Economic Development & Communications Committee

 

12.      Lighting Up Council Facilities - National Road Safety Week 2017

            File Ref: F17/9126; 14-1-1

Ref:    Open EDCC 6.1, 23/2/2017

 

That: 1.         The City of Hobart approve the illumination of the Hobart Town Hall in the colour yellow to coincide with National Road Safety Week 2017 from 8 to 14 May 2017, at the expense of the Road Safety Advisory Council.

2.         The City of Hobart further demonstrate its support of the National Road Safety Week 2017 by illuminating, where available, the Elizabeth Mall, Kennedy Lane and the Railway Roundabout Fountain yellow, with the fee of $100 to be met by the City Marketing function in the 2016-17 Annual Plan.

3.      The value of this support be recorded in the 2016-17 City of Hobart Annual Report in accordance with the Council’s policy in relation to the disclosure of grants and benefits.

 

RUZICKA

BURNET                                                  That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

13.      City of Hobart Delegation to China January 2017

            File Ref: F17/14672

Ref:    Open EDCC 6.3, 23/2/2017

 

That:   1.      The Council note that the friendship city agreement with Fuzhou is now signed.

2.      The Council seek to develop opportunities for the Hobart community arising from the agreement and further seek to engage the State Government in exploring these opportunities given the Tasmania Fujian relationship.

3.      As part of the regular reporting on the International Relations Action Plan, updates on the relationship with Fuzhou be provided.

4.      A report be provided regarding the development of guidelines for the City of Hobart to measure the qualitative and quantitative values of friendship and sister city relationships.

 

BRISCOE

THOMAS                                                  That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

14.      Revitalised Elizabeth Mall Information Booth

            File Ref: F17/8511

Ref:    Open EDCC 10, 23/2/2017

 

That:  1.       That the design for the upgraded Information Booth as shown as Attachment A to this report, be approved for construction and installation in Elizabeth Mall, at a budgeted cost of $100,000 to be met by the City Marketing Function within the 2016-17 and 2017-18 Annual Plans.

2.      The General Manager authorise, in accordance with Section 52 of the Land Use Planning and Approvals Act 1993, the lodgement of a planning application for the digital screens to be used for the upgraded information booth.

 

RUZICKA

THOMAS                                                  That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

Governance Committee

 

15.      Hobart 2025: Next Steps

            File Ref: F17/15137

Ref:    Open GC 6.1, 28/2/2017

 

That:  1.       The Council reaffirm its commitment to creating a new vision or long-range strategy for the City of Hobart.

2.      The process to create the new vision commence in early 2017.

3.      The process to create the new vision involve broad-scale community engagement, including:

(i)      Both online and offline methods, including web and social media presence and a range of in-person interactions.

(ii)     Incorporating techniques of relevance to long-range strategy, such as strategic foresight, systems thinking and participatory democracy.

(iii)    Building vision-specific partnerships with key stakeholders, such as the University of Tasmania and metropolitan local government entities.

(iv)    Wherever practicable, entering into direct dialogue with leading cities in relation to the development and measurement of individual and aspirational visions, to assist the process.

4.      The process to create the new vision involve comprehensive pre-engagement planning, including:

(i)      A dedicated communications strategy, including provisions for project branding, marketing and messaging

(ii)     A dedicated research and evaluation strategy, including provisions for data collection and analysis.

5.      Regular updates on progress be provided to ELT and the Council.

 

RUZICKA

THOMAS                                                  That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

16.      TasWater Ownership and Governance Issues

            File Ref: F17/19232

Ref:    Open GC 4.3, 28/2/2017

 

That the Council:

 

1.   Reject the State Government taking over water and sewerage systems across the State.

 

2.   Write to the Treasurer to obtain more details about the government’s model for TasWater.

 

3.   Seek to engage with the Upper House, other political parties and its communities to explore the potential value of these assets in the long term.

 

4.   Issue a media release stating its position on this issue.

 

5.   Reaffirm the importance of the financial asset represented by the water and sewerage assets and the need to preserve these assets in any developing agenda.

 

RUZICKA

THOMAS                                                  That the recommendation be adopted.

 

 

Amendment

Denison

LORD MAYOR HICKEY

 

That the words “without adequate consultation and compensation to owner Councils” be added to the end of Clause 1.

 

The Lord Mayor vacated the Chair after seconding the amendment, Alderman Zucco took the Chair.

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

Burnet

Zucco

Cocker

Briscoe

Reynolds

Ruzicka

Harvey

Sexton

 

Thomas

 

Denison

 

 


SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES

NOES

Zucco

Lord Mayor Hickey

Briscoe

Burnet

Ruzicka

Cocker

Sexton

Harvey

Thomas

 

Reynolds

 

Denison

 

 

 

 

 

17.      Local Government Reform

            File Ref: F17/20917

Ref:    Open GC 4.1, 6/3/2017

 

That:   1.    In response to the Minister for Local Government publically releasing the Greater Hobart: Local Government Reform Feasibility Report, the Council endorse the following actions being undertaken by the General Manager:

1.1    Establish a dedicated webpage accessed via the ‘latest news’ section on the front page of the Council’s website which will include:

1.1.1      A factual introductory paragraph advising readers that the Minister for Local Government has released the final report and that the Council will continue to work closely with the State Government and surrounding councils;

1.1.2      A link to the Greater Hobart: Local Government Reform Final Feasibility Report;

1.1.3      A copy of the media release issued by the Minister for Local Government in relation to the final report;

1.1.4      A copy of the process and timeframes which the Minister released in February 2015.  It should be noted that whilst the timelines have not been achieved, it is a step-by-step chronology of the process for voluntary amalgamations;

1.1.5      Email contact details for members of the public to make direct contact with the Council in the event that they have questions or issues they want to raise in response to the report.

1.2    A Facebook post be created directing people to the report on the Council’s website.

1.3    The Council advertise the report’s release in the Hobart Observer community newspaper and encourage members of the public to visit the Council’s website to view the report.

 

RUZICKA

REYNOLDS                                            That the recommendation be adopted.

 

Amendment

Thomas

Denison

 

That the Council call on the Administrator of the Glenorchy City Council to consider working with the City of Hobart and other interested Councils in respect to the report prepared on local government reform, on the basis that the Council remains a legally operative organisation under the Local Government Act 1993.

 

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

 

 

 

  
 

  

18.     Closed Portion of the Meeting

 

The following items were discussed:-

 

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. 6.1       1 Montpelier Retreat - Supreme Court Appeal

LG(MP)R 15(4)(b) 

Item No. 7          Hobart Bicycle Advisory Committee - Nomination for Community Representative

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

Item No. 8          Council Policies - Aldermen and Staff

LG(MP)R 15(2)(a) and e(i)

Item No. 9          Right to Information Act 2009 – Application for Assessed Disclosure

LG(MP)R 15(2)(a), (i) and e(i)

 

BURNET

SEXTON                                                  That the items be noted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Hickey

 

Zucco

 

Briscoe

 

Ruzicka

 

Sexton

 

Burnet

 

Cocker

 

Thomas

 

Reynolds

 

Denison

 

Harvey

 

  

The Chairman adjourned the meeting at 7.50 pm for a comfort break.

 

The meeting reconvened at 8.06 pm.

 

Item 18 was then taken.

 

There being no further business the meeting closed at 8.06 pm.

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
20th DAY OF march 2017.

CHAIRMAN