Minutes
Open Portion
Monday, 24 August 2020
AT 5:00 pm
This meeting of the Council was conducted in accordance with a Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.
|
Minutes (Open Portion) Council Meeting |
Page 3 |
|
24/8/2020 |
|
PRESENT, APOLOGIES AND LEAVE OF ABSENCE
3. Communication from the Chairman
4. Notification of Council Workshops
7. Consideration of Supplementary Items
8. Indications of Pecuniary and Conflicts of Interest
9. Council Acting as Planning Authority
9.2 73 View Street, Sandy Bay - Demolition (Chimney)
10. Monthly Building Statistics - 1 July - 31 July 2020
Motions of which notice has been given
11. Development of Council Policy and Process for Lobbyists and Developers
Finance and Governance Committee
12. 2019-20 Annual Plan - Final Report Period Ended 30 June 2020
13. City of Hobart - Customer Service Charter - Complaints and Compliments - Annual Report 2019/20
14. Council Policy Manual Review July 2020
Parks and Recreation Committee
Special Report – General Manager
17. Code of Conduct Determination Report Ms Tanya Denison v Lord Mayor, Councillor Reynolds
Special ReportS CHAIRman, risk and audit
18. Risk and Audit Panel Revised 2020 Work Plan
19. Risk and Audit Panel Minutes 23rd June 2020
20. Closed Portion of the Meeting
|
Minutes (Open Portion) Council Meeting |
Page 24 |
|
24/08/2020 |
|
PRESENT:
Lord Mayor Reynolds Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Aldermen M Zucco, J R Briscoe, Dr P T Sexton, D C Thomas, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, J Ewin, Z E Sherlock and W N S Coats.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Nil.
Councillor Coats joined the meeting at 5.01pm.
Councillor Sherlock joined the meeting at 5.02pm and was not present for item 1.
Alderman Behrakis left the meeting at 6.02pm, returning at 6.03pm.
Alderman Behrakis left the meeting at 6.03pm, returning at 6.05pm.
Alderman Behrakis left the meeting at 7.14pm after declaring an interest in item 15 and returned at 7.18pm.
Councillor Sherlock left the meeting at 7.15pm, returning at 7.17pm.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 10 August 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
DUTTA That the recommendation be adopted. |
||||||||||||||||||||||||
MOTION CARRIED
VOTING RECORD
The minutes were signed. |
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.
No communication was received.
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.
No petitions were received.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
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.
|
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 conflicts 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.
The following interest was indicated:
1. Alderman Behrakis – item 15
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.
9.1 48-50 New Town Road and 52 New Town Road and 7A Clare Street and 46 New Town Road, New Town and Adjacent Road Reserve - Demolition, New Building for Hospital Services, Business and Professional Services, and General Retail and Hire, Signage, and Associated Infrastructure Works PLN-20-249 - File Ref: F20/88655 Ref: Open CPC 7.1.2, 17/08/2020 Application Expiry Date: 25 August 2020 |
|||||||||||||||||
|
That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for hospital services, business and professional services, and general retail and hire, signage, and associated infrastructure works at 4850 New Town Road and 52 New Town Road and 7A Clare Street and 46 New Town Road, New Town and adjacent road reserve for the following reasons:
1. The proposal does not meet the acceptable solution, the performance criterion or the objective of clause 15.4.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposed building height: is not compatible with the scale of nearby buildings; does not offer an appropriate transition in height between adjoining buildings; does not contribute positively to the streetscape; and will result in unreasonable impact on residential amenity of land in the Inner Residential Zone.
2. The proposal does not meet the acceptable solution, the performance criterion or the objective of clause 15.4.1 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the proposed building height within 10m of the Inner Residential Zone is not compatible with the building height of existing buildings on adjoining lots in the Inner Residential Zone; and will result in unreasonable impact on residential amenity of land in the Inner Residential Zone. |
||||||||||||||||
|
Harvey That the recommendation be adopted. |
||||||||||||||||
|
Procedural Motion
Briscoe
That the matter be deferred for further discussion with the applicant, subject to an extension of time being granted by the applicant.
|
||||||||||||||||
|
PROCEDURAL MOTION CARRIED VOTING RECORD
|
||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||
|
That the matter be deferred for further discussion with the applicant, subject to an extension of time being granted by the applicant. |
9.2 73 View Street, Sandy Bay - Demolition (Chimney) PLN-20-403 - File Ref: F20/87609 Ref: Open CPC 7.1.4, 17/08/2020 Application Expiry Date: 28 September 2020 |
|||||||||||||||||||||||||||
|
That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition (chimney) at 73 View Street, Sandy Bay on the basis that the proposal meets the requirements of the Scheme, in particular clause E13.8.1 P1, and a permit containing the following condition be issued:
GEN
|
||||||||||||||||||||||||||
|
SHERLOCK That the recommendation be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
10. Monthly Building Statistics - 1 July - 31 July 2020 File Ref: F20/87620 Ref: Open CPC 8.1, 17/08/2020 |
|||||||||||||||||||||||||||
|
That the report of the Director City Planning be received and noted: 1. During the period 1 July 2020 to 31 July 2020, 57 permits were issued to the value of $18,938,311 which included: (i) 17 for Extensions/Alterations to Dwellings to the value of $3,050,575;
(ii) 16 New Dwellings to the value of $6,565,565; and
(iii) 3 Major Projects:
a) 15 Gourlay Street, West Hobart - Commercial Extension - $4,000,000; b) 30 Bathurst Street. Hobart - Commercial Internal Alterations - $2,000,000; c) 6 Midwood Street, New Town - New Commercial Buildings and Associated Civil Works, Stage 1 - $1,069,160 2. During the period 1 July 2019 to 31July 2019, 62 permits were issued to the value of $15,677,986 which included: (i) 32 for Extensions/Alterations to Dwellings to the value of $3,808,860;
(ii) 7 New Dwellings to the value of $1,490,000; and
(iii) 2 Major Projects:
a) 155-165 Argyle Street, Hobart - Alterations and Additions (Car Storage and Apartments) - $3,500,000; b) 410 Sandy Bay Road (Wrest Point Casino), Sandy Bay - Alterations (Stage 2 Floors 6-8) - $2,500,000
3. In the twelve months ending 31 July 2020, 615 permits were issued to the value of $226,858,115; and
4. In the twelve months ending 31 July 2019, 639 permits were issued to the value of $370,999,768. |
||||||||||||||||||||||||||
|
Briscoe That the recommendation be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
11. Development of Council Policy and Process for Lobbyists and Developers File Ref: F20/89963; 13-1-9 |
|||||||||||||||||||||||||||
|
Motion:
“That Council Officers prepare a report on the development of a council policy and process for the registration of lobbyists and developers and to record interactions with elected representatives of the City of Hobart.” |
||||||||||||||||||||||||||
|
Rationale:
“Lobbyist registers occur at all three tiers of government with the objective of ensuring a high level of transparency and accountability. Lobbyists are regularly employed to run media campaigns to promote development applications and lobby elected representatives with regard to various issues. It is important that these actions are transparent to the public. A council policy with regard to this, would provide for such transparency. The City of Hobart should consider establishing a register of lobbyists and their interactions with elected representatives like other councils have done to ensure that there is a high level of transparency and public accountability.
National Level “In 2008, the Australian Government introduced the Lobbying Code of Conduct (the Code) and established the Register of Lobbyists - external site (Register). The intent of the Code is to ensure that contact between lobbyists and Australian Government representatives is conducted in accordance with public expectations of transparency, integrity and honesty.”
https://www.ag.gov.au/integrity/australian-government-register-lobbyists State Level All State and Territory Governments have a Register of Lobbyists. In Tasmanian, the Department of Premier and Cabinet maintains the Register of Lobbyists.
In Queensland, the Integrity Act 2009, also requires that local government lobbyists are included in the Register of Lobbyists. “Professional lobbyists who wish to lobby State or local government representatives in Queensland (Ministers, Parliamentary Secretaries, Ministerial staff, councillors (including mayors) and senior staff working in State or local government public sector agencies) must be listed on the Register of Lobbyists. This is a requirement of the Integrity Act 2009.” https://lobbyists.integrity.qld.gov.au/ Local Government
At a local council level in Australia, a number of councils have implemented policies with regard to contact with lobbyists and developers. An example from the City of Bayswater follows and links to other councils are included below.
COUNCIL POLICY: ELECTED MEMBERS CONTACT WITH DEVELOPERS POLICY OWNER: Chief Executive Officer POLICY STATEMENT: To provide the highest standards of transparency and openness in town planning and development decision-making and to avoid perceptions of bias or undue influence.
POLICY DETAILS
All elected members are to record any contact they have with developers and to notify the CEO within 10 days of the contact occurring.
This record should include: • Developer’s name; • Date and time of contact; • Type of contact; • Property or properties within the City of Bayswater (the City) to which the contact related; • Nature of the issue covered in the contact; and • Elected member's response.
The CEO is to create and maintain a register of that contact, which will be made available to the public via the City's website and updated on a regular basis. Planning or Development Proposals with a Residential Design Code of R25 or below are exempt from this policy.
Where contact occurs in the form of a group email or other correspondence to all elected members, then the Office of the Mayor shall provide a copy of the correspondence to the CEO for the purpose of compliance with this policy. The City may develop and maintain a Management Practice to detail the process for managing and publishing the register.
DEFINITIONS
"Contact" means any communication or conversation between a Council Member and a Developer, in relation to a development or planning application in the City, regardless of whether it is foreseen, planned, solicited or reciprocated. Contact does not include any contact in the form of a public statement made at a Council Forum, Council Briefing or Council Meeting or similar, or contact that involves the Council Member engaging in any discussion or communication with the developer on the planning or development proposal at these occasions.
"Developer" means an individual, body corporate or company engaged in a business that:
(a) regularly involves the making of planning or development proposals for land, with the ultimate purpose of the sale or lease of the land for profit; and
(b) includes any consultant, lobbyist, advisor, agent, representative or person closely associated with a developer and who is appointed to promote or advocate for the developer’s interests or proposal, except when they are representing someone who is not regularly involved in the making of planning or development proposals for land.
"Planning or Development Proposal" means and includes:
(a) a proposed Local Planning Policy or amendment to a Local Planning Policy under the City’s operative Town Planning Scheme;
(b) a proposed amendment to the City’s operative Town Planning Scheme;
(c) an application under the City’s operative Town Planning Scheme or the Metropolitan Region Scheme for approval of the use or development of land; and
(d) which is currently before or at the time of contact known to require determination by Council or the Joint Development Assessment Panel.
RELATED LEGISLATION AND OTHER REFERENCES
• Elected Members Code of Conduct Code of Conduct 2015
Other Examples in Australia include: https://www.sutherlandshire.nsw.gov.au/Council/Accessing-Information/Lobbyist-Register
Examples from the USA include:
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 a proposed policy for the Council.
While this remains a policy decision for Council, it is recognised that such registers have been implemented in other jurisdictions. Should the Council so resolve, these other jurisdictions would be considered in the development of any policy for the City of Hobart. It should be noted, however, that many of these jurisdictions had experienced systemic governance issues which necessitated the development of such policies.
Consultation would also occur with the Director of Local Government and the Integrity Commission.” |
||||||||||||||||||||||||||
|
Ewin That the motion be adopted. |
||||||||||||||||||||||||||
|
MOTION LOST VOTING RECORD
|
||||||||||||||||||||||||||
|
Harvey
That Council Officers prepare a report on the development of a council policy, in line with State Government policy, regarding the process for the registration of lobbyists and developers.
|
||||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||||
|
That Council Officers prepare a report on the development of a council policy, in line with State Government policy, regarding the process for the registration of lobbyists and developers.
|
12. 2019-20 Annual Plan - Final Report File Ref: F20/81276 Ref: Open FGC 6.1, 18/08/2020 |
|||||||||||||||||||||||||||
|
That the Council endorse the Annual Plan Final Report for the period ending 30 June 2020, marked as Attachment A to item 6.1 of the Open Finance and Governance Committee agenda of 18 August 2020. |
||||||||||||||||||||||||||
|
Burnet That the recommendation be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
13. City of Hobart - Customer Service Charter - Complaints and Compliments - Annual Report 2019/20 File Ref: F20/74313; 11-15-9 Ref: Open FGC 6.2, 18/08/2020 |
|||||||||||||||||||||||||||
|
That in accordance with Section 339F (5) of the Local Government Act 1993 the report marked as item 6.2 of the Open Finance and Governance Committee agenda titled City of Hobart – Customer Service Charter – Complaints and Compliments – Annual Report 2019/20 be noted. |
||||||||||||||||||||||||||
|
Dutta That the recommendation be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
14. Council Policy Manual Review July 2020 File Ref: F20/88806; 18/17 Ref: Open FGC 6.3, 18/08/2020 |
|||||||||||||||||||||||||||
|
That: 1. The Council Policies marked as Appendices 1 to 17 (excluding the policy titled Leases to Non-profit Organisations (NFPO) marked as Appendix 18), as shown in Attachment A to item 6.3 of the Open Finance and Governance Committee agenda of 18 August 2020, be endorsed. 2. The amendments to the Council’s Policy titled Private Works – Charges marked as Appendix 1, as shown in Attachment A to item 6.3 of the Open Finance and Governance Committee agenda of 18 August 2020 be endorsed, as varied by the deletion of the proposed second paragraph under Section 3, and substituted with the following: Any request waiving or reducing a charge for private works will be referred to the Council for decision. |
||||||||||||||||||||||||||
|
Sherlock That the recommendation be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
Alderman Behrakis declared an interest in item 15 and left the meeting.
15. Garrington Park, Lenah Valley - Proposed Installation of New Barbeque Facilities - Community Consultation Outcomes File Ref: F20/46399 Ref: Open PRC 6.1, 13/08/2020 |
|||||||||||||||||||||||||
|
That: 1. The proposal to develop BBQ and shelter facilities at Garrington Park, Lenah Valley not progress at this time, due to the lack of majority and strong community support for the proposal. 2. A review of the proposal to install BBQ and shelter facilities at Garrington Park be undertaken in 12 months-time. |
||||||||||||||||||||||||
|
DUTTA That the recommendation be adopted. |
||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
16. Australian Government Local Roads and Community Infrastructure Program - Grant Funding - Project Identification - Intercity Cycleway Extension File Ref: F20/84090 Ref: Open PRC 6.3, 13/08/2020 |
|||||||||||||||||||||||
|
That the Council utilise the Australian Government’s Local Roads and Community Infrastructure Program grant funding allocation of $685,000 towards the $1.25M Intercity Cycleway Extension and Regatta Ground Car Park and stormwater upgrade project. (i) Balance funding to complete the project, in the order of $485,000, be considered in the development of the City’s 2021-22 CAPEX Program. |
||||||||||||||||||||||
|
Burnet That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
18. Risk and Audit Panel Revised 2020 Work Plan File Ref: F20/90685 |
|||||||||||||||||||||||||||
|
BUrnet Behrakis That the recommendation contained in the memorandum of the Chairman, Risk and Audit Panel of 19 August 2020, be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||||
|
That the Council approve the revised work plan for the Risk and Audit Panel for 2020, marked as attachment A to item 18 of the Open Council agenda of 24 August 2020. |
19. Risk and Audit Panel Minutes 23rd June 2020 File Ref: F20/90757 |
|||||||||||||||||||||||||||
|
BUrnet Behrakis
That the recommendation contained in the memorandum of the Chairman, Risk and Audit Panel of 19 August 2020, be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||||
|
That the Risk and Audit Panel Minutes of 23 June 2020, marked as Attachment A to item 19 of the Open Council agenda of 24 August 2020, be received and noted.
|
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:
· Legal action involving the Council · Proposal for Council land · Commercial information of a confidential nature · Personal information · Contracts and tenders
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 PLN-19-3 - 190 Macquarie Street, Hobart and Adjacent Road Reserve - Demolition and New Building for Four Multiple Dwellings and Works in Road Reserve - Appeal - Mediation LG(MP)R 15(4)(a) Item No. 7 Giblin Street Ex-Asphalt Plant Site - Future Options for Residential Zones Land - Further Information LG(MP)R 15(2)(f) Item No. 8 Charitable Rates Exemption - Rates Remission Request LG(MP)R 15(2)(j) Item No. 9 Request for Remission of Rates Paid LG(MP)R 15(2)(g) Item No. 10 Outstanding Rates as at 30 June 2020 LG(MP)R 15(2)(g) and (j) Item No. 11 Contract Variation - P17/114 Security Services LG(MP)R 15(2)(d) Item No. 12 Financial Hardship - Rates Remission Request LG(MP)R 15(2)(j) Item No. 13 Request to Waive Requirement to Tender LG(MP)R 15(2)(d) Item No. 14 Contract Extension – Contract Number P16/54 - Panel of Providers for the Supply of Metal Products LG(MP)R 15(2)(d) Item No. 15 North Hobart Oval - Proposal to Seek a Naming Rights Sponsor - North Hobart Football Club LG(MP)R 15(2)(b) |
||||||||||||||||||||||||||
Behrakis That the recommendation be adopted. |
||||||||||||||||||||||||||
MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
|
The Chairman adjourned the meeting at 7.05pm for a comfort break.
The meeting was reconvened at 7.10pm.
Item 12 was then taken.
There being no further business the meeting closed at 7.42pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
7th DAY OF September 2020.
CHAIRMAN