Minutes (Open Portion)

Council Meeting

Page 2

21/5/2018

Minutes (Open Portion)

Council Meeting

Page 5

21/05/2018

The Chairman reports that he has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 7 May 2018, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Sexton

Harvey                                                    That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor delivered the following address to the meeting;

I seek the Chambers indulgence for couple minutes. As you know, the last Council meeting was Monday May 7 and 3 days later we experienced an extreme weather event. On that Thursday evening 10 May I received a call at 11.00pm from Officer Geoff Lang who is our Emergency Management Municipal Coordinator – who advised me he was activating the Emergency Management Team. The weather was worsening, the Hobart Rivulet had just broken its banks at Campbell Street.

Within 30 mins Mr Lang had 7 crews activated.  He along with the General Manager – myself and Associate Director Communications and Marketing Mr Ratnagobal were communicating till 2am - Mr Lang had set up his emergency management station at Cleary’s Gates.

By 5.30am on 11 May all crews and volunteers, including the recovery centre were operating - this was in addition to what Tasmania Police and the State Emergency Service were already doing. From sunrise, about 6.55am it was apparent what had happened. By the middle of last week, 3,000 residential insurance claims in Greater Hobart totalling $25M had been called in and when we finish our assessment it’s expected that figure will exceed $50M.

I will invite the GM to update us about that in just a moment.

Aldermen, I would like to take this opportunity on behalf of all of us here tonight to sincerely thank and congratulate the excellent work carried out by the General Manager, his officers and all staff volunteers. We heard many stories, many are still surfacing. I know some of us in this chamber experienced damage, flooding or power blackout.  I know several of our staff had their homes flooded but in the dark of night when winds were hitting 100km and the rain was heavy, they left their home and family to come in and assist our community.

They came in to make our city safe as quickly as they could. Many of our officers and staff worked long hours – I know some worked 17 hours without sleep - they were told to go home and rest. They were back 4 to 5 hours later. I saw one of our staff at the recovery centre who was told to go home and rest, when I drove back to the town hall 30 minutes later he was there sweeping water away.

This event happened 10 days ago - the recovery turn around has been nothing but amazing.

With the assistance of officers I was taken to as many locations as possible, around the CBD talking to traders, to several parks, the rivulets and up the mountain and wherever I went our staff were there working - in cold and windy conditions – up the mountain the temperature was 2 degrees with a chill factor of minus 3 and our people were clearing Pinnacle Road with shovels – this was happening everywhere around our municipal area.

There is also no doubt in my mind that had this weather event occurred 8 hours later when people were walking to work and 17,000 cars were heading to this city, the outcomes could have been tragic. We were quickly advised there was no fatalities and no serious injuries.

General Manager on behalf of the Aldermen and our citizens would you please pass on our sincere thanks to all involved and Aldermen would you join with me and show your appreciation.

CARRIED BY ACCLAMATION

Recommendation

Ruzicka

Zucco                                                                                                         That

That the Lord Mayor’s address be read into the minutes and the City’s appreciation of the services provided by the SES, Tasmania Police, Tasmania Fire Service, TasWater, and TasNetworks and other services providers be noted.

MOTION CARRIED

VOTING RECORD

Mr Ben Lohberger put the following question and was provided with the corresponding response by the Lord Mayor on behalf of the Council.

At the last meeting (7 May), the Council refused my request to call for the Hobart City Deal to be amended, so that the $400 million being sought for the university’s STEM relocation is instead reallocated to building desperately-needed public housing around Hobart.

Can the Aldermen please debate this issue in open Council, so ratepayers can understand why the HCC is prioritising support for an unnecessary campus relocation over the much more pressing housing crisis in Hobart?

The Local Government (Meeting Procedures) Regulations 2015 provide that a question asked by any member of the public during the Public Question Time forum, and an answer to that question are not to be debated at the ordinary Council meeting.

Regulation 8 of the Local Government (Meeting Procedures) Regulations 2015 provides that the General Manager is to prepare an agenda for each meeting of the Council and that a matter may only be discussed at a meeting if it is specifically listed on the agenda of that meeting.

The only exception to this is if the Council resolves by absolute majority to deal with a matter not on the agenda, however this is subject to a number of preconditions.

Further, an item could be included on an agenda if it was the subject of a written notice of motion from an Alderman or a petition submitted to the General Manager requesting that certain action be taken.

The conduct of Council’s meetings are constrained by the Local Government (Meeting Procedures) Regulations 2015 and given the nature of your request it would need to be the subject of a written notice of motion or a petition for the matter to be considered by the Council.

Accordingly the matter cannot be debated in the open Council unless these legislative procedures are satisfied.

9.1      157 Elizabeth Street, Hobart - Public Art Installation

Ref:    Open CPC 7.1.1, 14/05/2018

Application Expiry Date: 31 May 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for public art installation at 157 Elizabeth Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 14 May 2018 and a permit containing the following conditions be issued.

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­158 157 ELIZABETH STREET HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction.

In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially contaminated soil, water, dust and vapours. Click here for more information.

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

LEVEL 1 ACTIVITIES

The activity conducted at the property is an environmentally relevant activity and a Level 1 Activity as defined under s.3 of the Environmental Management and Pollution Control Act 1994. For further information on what your responsibilities are, click here.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Briscoe

HARVEY                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      2 - 2A Burnett Street, North Hobart - Partial Demolition, Alterations and Change Of Use to Boarding House

Ref:    Open CPC 7.1.2, 14/05/2018

Application Expiry Date: 21 June 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and change of use to boarding house at 2­2A Burnett Street, North Hobart for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 14 May 2018, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise Application Document PLN­18­39 ­ 2-2A BURNETT STREET NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/00115­HCC dated 1 February 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

This approval allows a maximum of 12 people to reside within the boarding house at any one time.

Reason for condition

To clarify the scope of the permit and to reflect the maximum number of residents sought by the application.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council

EXTERNAL LIGHTING

Any proposed external lighting/security lighting located to rear or side of the building must operate in accordance with Australian Standard AS4282­ Control of the obtrusive effects of outdoor lighting.

RESIDENTIAL PARKING PERMITS

Residents of the boarding house are not eligible to apply for or receive residential parking permits.

ONSITE BICYCLE PARKING

The provision of onsite bicycle racks is strongly recommended.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

CONTACT DETAILS OF PROPERTY MANAGER

The Applicant is strongly encouraged to provide the owners of the neighbouring properties with the contact details of the Company responsible for the property management of the boarding house as a point of contact regarding any property management issues that may arise.

Briscoe

THOMAS                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      1 Harbroe Avenue, New Town and Adjoining Right Of Way - Multiple Dwelling, Fencing and Associated Hydraulic Infrastructure

Ref:    Open CPC 7.1.3, 14/05/2018

Application Expiry Date: 22 May 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for multiple dwelling, fencing and associated hydraulic infrastructure at 1 Harbroe Avenue New Town and adjoining Right of Way for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 14 May 2018, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­54 1 HARBROE AVENUE NEW TOWN TAS 7008 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/00191­HCC dated 14/02/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw2.1

A digital CCTV video and report of the Council's stormwater main within the site and diverted in the right of way must be undertaken and submitted to the Council on completion of the maintenance period.

The post construction CCTV will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. Any damage to the Council's infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG sw3

The proposed works (including footings and overhangs) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure.

Detailed engineering design of any works within one metre of the nearest external surface of the stormwater infrastructure must be submitted and approved prior to the issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).

The detailed engineering design must:

1.    Demonstrate how the design will provide adequate access to the stormwater infrastructure, impose no additional loads onto the stormwater infrastructure and that the structure will be fully independent of the stormwater infrastructure and its trenching.

2.    Include an indicative cross­section clearly showing the relationship both vertically and horizontally between the Council’s stormwater infrastructure and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main.

All work required by this condition must be undertaken in accordance with the approved detailed engineering design.

Advice: Once the detailed engineering design has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw5

The construction of the stormwater diversion must be completed prior to occupancy.

Engineering design drawings must be submitted and approved, prior to commencement of work or the issue of any consent under the Building Act 2016 (whichever occurs first). The engineering design drawings must:

1.    Be certified by a qualified and experienced engineer.

2.    Show in both plan and long­section the proposed stormwater main, including but not limited to, connections, flows, hydraulic grade lines, clearances, cover, gradient, sizing, material, pipe class, and inspection openings.

3.    Show the main to have at least a nominal internal diameter of 300mm.

4.    Clearly distinguish between public and private infrastructure.

5.    Demonstrate that services to third­party properties will be maintained at all times during the development.

6.    Be substantially in accordance with the LGAT Standard Drawings and Tasmanian Subdivision Guidelines.

All work required by this condition must be undertaken in accordance with the approved engineering design drawings.

Advice: Once the engineering design drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG 4

The proposed access driveway/parking module (car parking space) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation.

Reason for condition

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.  Any damage must be immediately reported to Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted prior to the issue of any approval under the

Building Act 2016 or the commencement of work, whichever occurs first.  The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

All work required by this condition must be undertaken in accordance with the approved SWMP.

Advice: Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for Condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

CONDITION ENDORSEMENT

If a condition endorsement is required by a planning condition above, you will need to

submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require a road closure permit for construction. Click here for more information.

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

BUILDING WITHIN ONE METRE OF STORMWATER

You will need separate permission under s73 of the Building Act 2016 and s13 of the Urban Drainage Act for any works (including cut/fill) within one metre horizontally of the nearest external surface of the stormwater main.  Please contact Hobart City Council’s City Infrastructure Division to discuss.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You will require a permit to construct public infrastructure.  A 12 month maintenance period, bond and CCTV will be required.  Please contact the Hobart City Council's City Infrastructure Division to initiate the permit process.

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new service connection.

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.

ACCESS

Designed in accordance with LGAT­ IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

FEES AND CHARGES

Click here for information on the Council's fees and charges.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Briscoe

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      97 Hampden Road, Battery Point - Change of Use to Visitor Accommodation

Ref:    Open CPC 7.1.4, 14/05/2018

Application Expiry Date: 16 May 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a change of use to visitor accommodation at 97 Hampden Road, Battery Point for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 14 May 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­175 ­ 97 HAMPDEN ROAD BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

VISITOR ACCOMMODATION

A Building Self­Assessment Form must be completed in the following situations for a change of use to visitor accommodation:

·        Investment properties or shacks less than 300m2 gross floor area (which are not occupied by the owner).

If building work is required then both planning and building approval may be required.

You should consult with your insurance provider to ensure appropriate insurance coverage.

More information on visitor accommodation can be found here.

Briscoe

Thomas                                                  That the recommendation be adopted.

MOTION LOST

VOTING RECORD

Cocker

Harvey                                                                                                                       

That the application be refused for the following reason:

1.    The proposal does not meet the acceptable solutions or the performance criteria with respect to clause E6.6.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the non-provision of on-site parking spaces for the proposed use is insufficient to meet the reasonable needs of users, having regards to all of the following:

a.    Car parking demand;

b.    The availability of on-street and public car parking in the locality;

c.    The availability and frequency of public transport within a 400m walking distance of the site;

d.    The availability and likely use of other modes of transport;
the availability and suitability of alternative arrangements for car parking provision;

e.    Any reduction in car parking demand due to the sharing of car parking spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces;

f.     Any car parking deficiency or surplus associated with the existing use of the land;

g.    Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement, except in the case of substantial redevelopment of a site;

h.    The appropriateness of a financial contribution in lieu of parking towards the cost of parking facilities or other transport facilities, where such facilities exist or are planned in the vicinity;

i.      Any verified prior payment of a financial contribution in lieu of parking for the land;

j.      Any relevant parking plan for the area adopted by Council;

k.    The impact on the historic cultural heritage significance of the site if subject to the Local Heritage Code;

l.      Whether the provision of the parking would result in the loss, directly or indirectly, of one or more significant trees listed in the Significant Trees Code.

Amendment

Zucco

Thomas                                                                                                                       

That in the event of an appeal, the costs of planning and legal representation be advised to the Council.

AMENDMENT LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the application be refused for the following reason:

1.    The proposal does not meet the acceptable solutions or the performance criteria with respect to clause E6.6.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the non-provision of on-site parking spaces for the proposed use is insufficient to meet the reasonable needs of users, having regards to all of the following:

a.    Car parking demand;

b.    The availability of on-street and public car parking in the locality;

c.    The availability and frequency of public transport within a 400m walking distance of the site;

d.    The availability and likely use of other modes of transport;
the availability and suitability of alternative arrangements for car parking provision;

e.    Any reduction in car parking demand due to the sharing of car parking spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces;

f.     Any car parking deficiency or surplus associated with the existing use of the land;

g.    Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement, except in the case of substantial redevelopment of a site;

h.    The appropriateness of a financial contribution in lieu of parking towards the cost of parking facilities or other transport facilities, where such facilities exist or are planned in the vicinity;

i.      Any verified prior payment of a financial contribution in lieu of parking for the land;

j.      any relevant parking plan for the area adopted by Council;

k.    the impact on the historic cultural heritage significance of the site if subject to the Local Heritage Code;

l.      whether the provision of the parking would result in the loss, directly or indirectly, of one or more significant trees listed in the Significant Trees Code.

9.5      19 Elphinstone Road, Mount Stuart - Partial Change of Use to Visitor Accommodation - Deferral - PLN-18-119

Ref:    Open CPC 7.1.5, 14/05/2018

That:          That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to visitor accommodation at 19 Elphinstone Road, Mount Stuart for the reasons outlined in the officer’s report dated 13 April 2018, marked as Attachment A to item 7.1.1 of the Open City Planning agenda of 30 April 2018, and a permit containing the conditions recommended in that report be issued.

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­119 ­ 19 ELPHINSTONE ROAD MOUNT STUART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right at any time.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

VISITOR ACCOMMODATION

No parking of vehicles on site by users of the visitor accommodation is approved by this planning permit.

No signage is approved by this planning permit. If signage is required, prior to installing it you must consult with the Council to determine whether a planning permit is required.

You should consult with your insurance provider to ensure appropriate insurance coverage.

More information on visitor accommodation can be found here.

Conciliation

Council provides a Conciliation Service for disputes relating to development applications.  While matters raised during the assessment of this application regarding use of the Footway and Right of Way in the vicinity of 19 Elphinstone Road appear to be civil in nature, Council will initiate this service at no cost to the applicant, representors and other beneficiaries of the Footway and Right of Way following determination of the planning application, to assist with possible resolution of those matters.  Further information regarding this Conciliation Service can be found on the Council’s website via this link.

Briscoe

Thomas                                                  That the recommendation be adopted.

MOTION LOST

VOTING RECORD

Harvey

Ruzicka                                                                                                                      

That the application be refused for the following reason:

1.    The proposal does not meet the acceptable solutions or the performance criteria with respect to clause E6.6.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the non-provision of on-site parking spaces for the proposed use is insufficient to meet the reasonable needs of users, having regards to all of the following:

a.    Car parking demand;

b.    The availability of on-street and public car parking in the locality;

c.    The availability and frequency of public transport within a 400m walking distance of the site;

d.    The availability and likely use of other modes of transport;
the availability and suitability of alternative arrangements for car parking provision;

e.    Any reduction in car parking demand due to the sharing of car parking spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces;

f.     Any car parking deficiency or surplus associated with the existing use of the land;

g.    Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement, except in the case of substantial redevelopment of a site;

h.    The appropriateness of a financial contribution in lieu of parking towards the cost of parking facilities or other transport facilities, where such facilities exist or are planned in the vicinity;

i.      Any verified prior payment of a financial contribution in lieu of parking for the land;

j.      Any relevant parking plan for the area adopted by Council;

k.    The impact on the historic cultural heritage significance of the site if subject to the Local Heritage Code;

l.      Whether the provision of the parking would result in the loss, directly or indirectly, of one or more significant trees listed in the Significant Trees Code.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the application be refused for the following reason:

1.    The proposal does not meet the acceptable solutions or the performance criteria with respect to clause E6.6.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the non-provision of on-site parking spaces for the proposed use is insufficient to meet the reasonable needs of users, having regards to all of the following:

a.    Car parking demand;

b.    The availability of on-street and public car parking in the locality;

c.    The availability and frequency of public transport within a 400m walking distance of the site;

d.    The availability and likely use of other modes of transport;
the availability and suitability of alternative arrangements for car parking provision;

e.    Any reduction in car parking demand due to the sharing of car parking spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces;

f.     Any car parking deficiency or surplus associated with the existing use of the land;

g.    Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement, except in the case of substantial redevelopment of a site;

h.    The appropriateness of a financial contribution in lieu of parking towards the cost of parking facilities or other transport facilities, where such facilities exist or are planned in the vicinity;

i.      Any verified prior payment of a financial contribution in lieu of parking for the land;

j.      Any relevant parking plan for the area adopted by Council;

k.    The impact on the historic cultural heritage significance of the site if subject to the Local Heritage Code;

l.      Whether the provision of the parking would result in the loss, directly or indirectly, of one or more significant trees listed in the Significant Trees Code.

9.6      23 King Street, Sandy Bay - ETA - 17-163 - Request for Extension of Time to Permit - PLN-14-01175-01

Ref:    Open CPC 7.1.6, 14/05/2018

That it is recommended that the Council approve the extension of time request lodged under Section 53(5A) of the Land Use Planning and Approvals Act 1993 in respect of PLN-14-01175-01.

Briscoe

COCKER                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      2018/2019 Fees and Charges - City Planing Division

Ref:    Open CPC 8.1, 30/04/2018

That the schedules (marked as Attachment A to item 8.1 of the Open City Planning Committee agenda of 30 April 2018) of fees and charges be approved for the City Planning Division for the 2018/2019 financial year.

Briscoe

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Monthly Building Statistics - 1 April 2018 - 30 April 2018

Ref:    Open CPC 8.1, 14/05/2018

That the information be received and noted:

A.     1.      During the period 1 April 2018 to 30 April 2018, 74 permits were issued to the value of $24,016,872 which included:

(i)      37 for Extensions/Alterations to Dwellings to the value of $5,122,271

(ii)     11 New Dwellings to the value of $6,101,025 and

(iii)    3 Major Projects:

(a)     Melville Street, Hobart - Commercial Fit Out (IVF Clinic) - $5,000,000

(b)     85-89 Collins Street, Hobart - Commercial Internal Alterations (H&M Fitout) - $3,060,000

(c)     14 Stephanie Close, Sandy Bay - New House - $1,750,000

         2.       During the period 1 April 2017 to 30 April 2017, 58 permits were issued to the value of $15,360,800 which included:

                   (i)      11 Extensions/Alterations to Dwellings to the value of $4,300,500

                   (ii)     20 New Dwellings to the value of $6,005,000 and

                   (iii)    4 Major Projects:

(a)     11 Creek Road, Lenah Valley - Alterations to School - $2,239,500

(b)     337 Churchill Avenue, Sandy Bay - New Buildings (units 1 to 3 only) - $1,200,000

(c)     7 Beddome Street, Sandy Bay - (Demolition, Alterations & Additions)  - $1,200,000

(d)     337 Churchill Avenue, Sandy Bay - New Buildings (units 4 to 7 only) - $1,000,000

B.      1.      In the twelve months ending April 2017, 705 permits were issued to the value of $195,180,037 and

          2.      In the twelve months ending April 2018, 702 permits were issued to the value of $494,224,055

Briscoe

Harvey                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      St Raphaels Church, Fern Tree

Alderman Ruzicka

Motion:

“That Council urgently seeks discussions with the Bishop of Tasmania on the future of St Raphaels Church, Fern Tree with a view to keeping the church and its use in public ownership with a report to follow on what means are possible to achieve this, and that Council support the Parish of All Saints in their submission for the retention of the church”.  

Rationale:

St Raphaels, Fern Tree, was built and consecrated between 1892-93 through the hard efforts of the local community over a series of fundraising events such as the Strawberry Festivals, donations from the wider Hobart community and through the generous donation of land and money from Henry and Emily Dobson (prominent Tasmanians at the time). Built in a Swiss style, the design was by Melbourne architect Alan C. Walker (articled to Henry Hunter). The alter was carved as a World War 1 commemoration.  The building has been listed under the National Trust, the National Estate and is Tasmanian Heritage listed.

It is a significant building for the Fern Tree community, being the only building to have survived two major bush fires in 1898 and 1967 that destroyed Fern Tree homes, the local school/kindergarten, community halls and other buildings such as the Tavern/Hotel, the fire station and general store.  The church is still in current use with the Eucharist with hymns offered there every Sunday at 8.45am and on Christmas Day at 8.45am.  It also effectively remains one of two community-accessed buildings left in Fern Tree, the other being the Fern Tree Community Association’s hall.  It is unlikely the small congregation, even with the help of the local association, would not be able to afford purchase to keep the property as a community church.

If Council were to consider purchase of the land, it would consolidate land ownership in that part of Wellington Park and to some extent simplify land management.  If the Anglican Synod is unwilling to continue offering services and simply wants to sell off the property, this represents an opportunity to keep this heritage-listed building in public hands and in good repair as a gateway building to Wellington Park.

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 purchase of the land would provide an addition to Wellington Park.”

Ruzicka

Sexton                                                 

That the Council consider the motion to be urgent.

MOTION CARRIED

VOTING RECORD

Ruzicka

Sexton                                                 

That the motion be adopted with the following changes:

That the words “to facilitate” be inserted after the word “seeks” in line one, the words “how the Council may facilitate and assist” be inserted after the words “follow on” and the words “what means are possible” be deleted in line three. 

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That Council urgently seeks to facilitate discussions with the Bishop of Tasmania on the future of St Raphaels Church, Fern Tree with a view to keeping the church and its use in public ownership with a report to follow on how Council may facilitate and assist to achieve this, and that Council support the Parish of All Saints in their submission for the retention of the church.

Rationale:

St Raphaels, Fern Tree, was built and consecrated between 1892-93 through the hard efforts of the local community over a series of fundraising events such as the Strawberry Festivals, donations from the wider Hobart community and through the generous donation of land and money from Henry and Emily Dobson (prominent Tasmanians at the time). Built in a Swiss style, the design was by Melbourne architect Alan C. Walker (articled to Henry Hunter). The alter was carved as a World War 1 commemoration.  The building has been listed under the National Trust, the National Estate and is Tasmanian Heritage listed.

It is a significant building for the Fern Tree community, being the only building to have survived two major bush fires in 1898 and 1967 that destroyed Fern Tree homes, the local school/kindergarten, community halls and other buildings such as the Tavern/Hotel, the fire station and general store.  The church is still in current use with the Eucharist with hymns offered there every Sunday at 8.45am and on Christmas Day at 8.45am.  It also effectively remains one of two community-accessed buildings left in Fern Tree, the other being the Fern Tree Community Association’s hall.  It is unlikely the small congregation, even with the help of the local association, would not be able to afford purchase to keep the property as a community church.

If Council were to consider purchase of the land, it would consolidate land ownership in that part of Wellington Park and to some extent simplify land management.  If the Anglican Synod is unwilling to continue offering services and simply wants to sell off the property, this represents an opportunity to keep this heritage-listed building in public hands and in good repair as a gateway building to Wellington Park.

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 purchase of the land would provide an addition to Wellington Park.”

13.      Elector Poll

Ref:    Open PRC 7.1, 10/05/2018

Motion:

“That a report be prepared on the potential for an elector poll to be held concurrently with the 2018 local government elections. The report canvas the estimated cost of an elector poll, the legality of the poll outcome and the practicality of presenting a number of questions pertaining to strategic issues which could include establishment of the support or otherwise, for a cable car on kunanyi / Mount Wellington.”

Rationale:

“The Mountain is known to many as the people's mountain and hence the residents of Hobart should have their say in such a development.  Whilst any proposal needs to meet the planning controls, the community view is necessary when considering any discretions that are required.  Whilst details of the proposal are, at best sketchy, the broad concept has been outlined by the developer.

The Mountain is a very special place to many in Hobart. It is the natural recreation place for many to enjoy. The alpine vegetation and topology is unique. Many assertions about public support or otherwise of the private enterprise proposed cable car have been made. An elector poll is one way to determine the public's view.

Last year the Government passed a law to allow land to be compulsory acquired from the Hobart City Council to allow a private company to build a cable car. Just before the announcement of the State Election, the government in secret gave permits to the Cable Car company to commence drillings and other site works.”

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 Council owned land.”

Briscoe

Reynolds                                                                That the motion be adopted.

MOTION LOST

VOTING RECORD

14.      2018/2019 Fees and Charges - Parks and City Amenity Division - Cleansing and Solid Waste

Ref:    Open CIC 6.2, 26/04/2018

That the schedules of fees and charges be approved for Cleansing and Solid Waste for the 2018/2019 financial year as marked as Attachment A to item 6.2 of the Open City Infrastructure Committee agenda of 26 April 2018.

Reynolds

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

15.      2018/2019 Fees and Charges - City Infrastructure Division

Ref:    Open CIC 6.3, 26/04/2018

That the schedules of fees and charges be approved for the City Infrastructure Division for the 2018/2019 financial year as marked as Attachment A to item 6.3 of the Open City Infrastructure Committee agenda of 26 April 2018.

Reynolds

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

16.      2018-19 Fees and Charges - Salamanca Market

Ref:    Open CCEC 6.1, 9/05/2018

That:   1.    The schedule of fees and charges for Salamanca Market, attached to item 7.1 of the Open Community, Culture and Events Committee agenda of 9 May 2018 be approved for the 2018–19 financial year.

2.    The Council notify the Salamanca Market Stallholders’ Association and all stallholders of the new 2018-19 fees.

Harvey

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

17.      2018-19 Fees and Charges - Community and Culture Division

Ref:    Open CCEC 6.2, 9/05/2018

That the schedules of fees and charges for the Community and Culture Division as referenced below and attached to the report marked as item 7.2 of the Open Community, Culture and Events Committee agenda of 9 May 2018, for the 2018-19 financial year be approved.

1.      Positive Ageing – Mathers House (Attachment A).

2.      Positive Ageing – Criterion House (Attachment B).

3.      Youth Arts and Recreation Centre (Attachment C).

4.      Mobile Food Vendors (Attachment D).

Harvey

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

18.      Community Development Grants Program - Round One 2018 Recommendations

Ref:    Open CCEC 6.3, 9/05/2018

That:   1.    The Council approve the recommended level of funding to the respective applicants for assistance under the 2017-18 Community Development Grants Program under the streams of Community, Creative Hobart, and Events as outlined below:

(i)      The projects recommended for full funding from round one 2018 of the Community Development Grants Program as detailed in Table 1 of Attachment A to item 7.3 of the Open Community, Culture and Events Committee agenda of 9 May 2018.

(ii)     The projects recommended for partial funding from round one 2018 of the Community Development Grants Program as detailed in Table 2 of Attachment A to item 7.3 of the Open Community, Culture and Events Committee agenda of 9 May 2018.

2.    The Council note the projects not recommended for funding from round one 2018 of the Community Development Grants Program as detailed in Table 3 of Attachment A to item 7.3 of the Open Community, Culture and Events Committee agenda of 9 May 2018.

3.    The value of the recommended projects is $46,923 for Community Grants, $72,682 for Creative Hobart Medium and Small Grants, and $76,343 for Event Grants.

4.    The funding for the grants be attributed to the respective Community Development Policy Management, Cultural Programs and Major Events and Grant Funding activities in the 2017-18 Annual Plan.

5.    All funding applicants be advised accordingly.

6.    The total grant provision be recorded in the ‘Grants, Assistance and Benefits Provided’ section of the City of Hobart’s Annual Report.

Harvey

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

19.      Tasmanian Writers' Centre - Request for Support

Ref:    Supplementary Open CCEC 11, 9/05/2018

That:   1.    The Tasmanian Writers’ Centre be granted a twelve (12) month lease at a nominal rent for office space on the fourth floor of the Hobart Council Centre.

2.    The General Manager be authorised to finalise the terms and conditions of the lease with the Tasmanian Writers’ Centre and to execute the agreement on the Council’s behalf.

3.    The lease be recorded in the City’s Annual Report in accordance with its policy on ‘Leases to Not for Profit Organisations’.

4.    The total amount of foregone rent be recorded in the ‘Grants, Assistance and Benefits Provided’ section of the City of Hobart’s Annual Report.

Harvey

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

20.      2018-19 Fees and Charges - Corporate Services Division

Ref:    Special Open FGC 4.1, 21/05/2018

That the schedule of fees and charges (marked as Attachment A & B to item 4.1 of the Open Special Finance and Governance Committee agenda of 21 May 2018) for the Corporate Services Division, be adopted for the 2018/19 financial year.

Thomas

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

21.      2018/19 Fees and Charges - Financial Services

Ref:    Open FGC 6.4, 15/05/2018

That the schedule of fees and charges (marked as Attachment A to item 6.4 of the Open Finance and Governance Committee agenda of 15 May 2018) for financial services be adopted for the 2018/19 financial year.

Thomas

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

22.      2018-19 Fees and Charges - Parking Operations

Ref:    Open FGC 6.5, 15/05/2018

That the schedule of fees and charges for the 2018-19 financial year, as referenced below and attached to item 6.5 of the Open Finance and Governance Committee agenda of 15 May 2018, be approved.

1.      Parking Enforcement (Attachment A)

2.      Off-Street Parking Long Term (Attachment B)

3.      Off-Street Parking Short Term (Attachment C)

4.      Off-Street Parking Short Term Motor Bikes (Attachment D)

5.      Meters and Voucher Machines (Attachment E)

Thomas

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

23.      Financial Report as at 31 March 2018

Ref:    Open FGC 6.6, 15/05/2018

That the Council approve the changes to the 2017/2018 Estimates listed in tables 4, 5, 7 and 9 of Attachment A to item 6.6 of the Open Finance and Governance Committee agenda of 15 May 2018, noting that the financial impacts of which are to increase the underlying surplus by $0.99M, and to decrease the cash balance by $1.25M.

Thomas

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

24.      City of Hobart Rates and Charges Policy Amendment - Landfill Rehabilitation Service Charge

Ref:    Open FGC 6.7, 15/05/2018

That:   1.    The Council adopt the amended City of Hobart Rates and Charges policy marked as Attachment A to item 6.7 of the Open Finance and Governance Committee agenda of 15 May 2018.

2.    The General Manager be authorised to finalise the City of Hobart Rates and Charges Policy and arrange for it to be made available to the public in a paper format from the Council’s Customer Service Centre and in an electronic format from Council’s website.

Thomas

Cocker                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

25.      Battery Point Slipyards Master Plan

Ref:    Closed  FGC 4.1, 15/05/2018

That:   1.    The Council endorse the draft master plan for the Battery Point Slipyards.

2.    The General Manager be authorised to hold discussions with the Battery Point Slipyards lease holders about the draft master plan and the possible impacts to their respective lease.

3.    Following those discussions the Council approves the public exhibition process being undertaken.

Thomas

Ruzicka                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

26.      Local Government (General) Regulations 2015

Ref:    Open FGC 6.9, 15/05/2018

That the Council make a submission to the Local Government Association of Tasmania that the Council supports the inclusion to the Declaration of Office that an Alderman declare they will engage in ongoing professional development provided that the term ‘professional development’ is defined and, in this respect, the Local Government Division of the Department of Premier and Cabinet develop, in consultation with councils and other relevant stakeholders, a model professional development policy that provides clear guidance as to its requirement; and

(a)     In the interest of good governance, the Declaration of Office process be accompanied by the attestation of compliance with the Good Governance Guide for Local Government in Tasmania.

(b)     The General Manager write to the Director of Local Government seeking clarity on the issue of the threshold limit of $50.00 for gifts and donations, as it relates to political donations.

Thomas

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

Thomas

Sexton                                                                      That item 26 be recommitted.  

MOTION CARRIED

VOTING RECORD

Amendment

Zucco

Thomas                                                                                                                       

That Council write to the Director Local Government recommending that in recognition of Hobart’s Capital City status, the threshold for political donations be $500.

  AMENDMENT LOST

VOTING RECORD

COUNCIL RESOLUTION:

That the Council make a submission to the Local Government Association of Tasmania that the Council supports the inclusion to the Declaration of Office that an Alderman declare they will engage in ongoing professional development provided that the term ‘professional development’ is defined and, in this respect, the Local Government Division of the Department of Premier and Cabinet develop, in consultation with councils and other relevant stakeholders, a model professional development policy that provides clear guidance as to its requirement; and

(a)     In the interest of good governance, the Declaration of Office process be accompanied by the attestation of compliance with the Good Governance Guide for Local Government in Tasmania.

(b)     The General Manager write to the Director of Local Government seeking clarity on the issue of the threshold limit of $50.00 for gifts and donations, as it relates to political donations.

27.      TasWater Update

Ref:    Open FGC 6.10, 15/05/2018

That the Council provide in principle support for the proposed changes to TasWater, subject to it being satisfied with the legislation, any changes to the TasWater Constitution and the TasWater briefing by the Chairman and Chief Executive Officer on 29 May 2018.

Thomas

Ruzicka                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

28.      Draft Vision Document - Hobart: A Community Vision for our Island Capital

Ref:    Open FGC 6.12, 15/05/2018

That:   1.    The Council receive and note the draft Hobart: A community vision for our island capital document and it be endorsed for release for broad community engagement for the period of a month until mid-June 2018.

2.    A further report be provided detailing the outcome of the community engagement, and the final document for approval.

Thomas

Reynolds                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

29.      Draft Public Spaces By-law

Ref:    Open FGC 6.13, 15/05/2018

That:   1.    The Council not proceed to amend the draft Public Spaces By-Law marked as Attachment B to item 6.13 of the Open Finance and Governance Committee meeting of 15 May 2018 and therefore promulgate the By-Law as approved by the Council at its meeting of 18 September 2017, without change.

2.    The Council delegate authority to the General Manager to prepare a Regulatory Impact Statement for the by-law and present it to the Director of Local Government for a certificate of approval pursuant to section 156A of the Local Government Act 1993.

3.    Subject to a certificate of approval from the Director of Local Government the Council delegate authority to the General Manager to give notice of the proposed by-law in order to advertise a further public consultation process, whereby the by-law and regulatory impact statement is made available for inspection and comment.

4.    An Aldermanic workshop be scheduled at a date to be determined to discuss the By-Law.

Thomas

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

30.      Draft Parking By-law

Ref:    Open FGC 6.14, 15/05/2018

That:   1.    The Council resolve its intention to make the Parking By-law marked as Attachment C to item 6.14 of the Open Finance and Governance Committee agenda of 15 May 2018.

2.    The Council delegate authority to the General Manager to prepare a Regulatory Impact Statement for the by-law and present it to the Director of Local Government for a certificate of approval pursuant to section 156A of the Local Government Act 1993.

3.    Subject to a certificate of approval from the Director of Local Government the Council delegate authority to the General Manager to give notice of the proposed by-law in order to advertise a further public consultation process, whereby the by-law and regulatory impact statement is made available for inspection and comment.

Thomas

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

31.      City of Hobart - Customer Service Charter

Ref:    Open FGC 10, 15/05/2018

That:   1.    The text for the final customer service charter, shown as Attachment B to supplementary item 10 of the Open Finance and Governance Committee agenda of 15 May 2018, be approved with the inclusion of an afterhours service contact.

2.    The charter be further reviewed in the first quarter of 2019 following the implementation of the Council’s customer request management system, to reflect the increased functionality available from that system and to enhance customer relationship management.

3.    All contributors to the consultation be advised of the outcome.

Thomas

Cocker                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

32.      Waste Strategy Summit 2018 - Sydney
26-28 June 2018 - Aldermanic Nominations

Ref:    Special Open FGC 4.2, 21/05/2018

That:   1.    The Council approve Alderman Harvey’s attendance and invite further Aldermanic nominations for the Waste Strategy Summit 2018 to be held in Sydney from 26 to 28 June 2018.

2.    The estimated cost of $4,700 per person be attributed to the Conference Attendance allocation within the Aldermanic Allowances and Expenses function of the 2017-18 Annual Plan with a corresponding off-set from the Study Assistance line item in the People and Capability function for any expenditure in excess of the existing budget in accordance with s82 of the Local Government Act 1993.

Sexton

Briscoe                                                                                                                      

That the recommendation be adopted and Alderman Harvey attend the Conference.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      Alderman Harvey attend the Waste Strategy Summit 2018, to be held in Sydney, from 26 June 2018 to 28 June 2018.

2.      The estimated cost of $4,700 per person be attributed to the Conference Attendance allocation within the Aldermanic Allowances and Expenses function of the 2017-18 Annual Plan with a corresponding off-set from the Study Assistance line item in the People and Capability function for any expenditure in excess of the existing budget in accordance with s82 of the Local Government Act 1993.

33.      2018-19 Fees and Charges - Parks and City Amenity Division - Open Space Group, Parks and Recreation, Doone Kennedy Hobart Aquatic Centre

Ref:    Open PRC 6.1, 10/05/2018

That the schedule of fees and charges for the 2018-19 financial year, as referenced below and attached to the report marked as item 6.1 of the Open Parks and Recreation Committee agenda of 10 May 2018, be approved.

1.      Open Space Group (Attachment A).

2.      Parks and Recreation (Attachment B).

3.      Doone Kennedy Hobart Aquatic Centre (Attachment C).

Reynolds

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

34.      Hobart Chargers Basketball Association - Proposed Partnership with the Doone Kennedy Hobart Aquatic Centre

Ref:    Open PRC 6.2, 10/05/2018

That:   1.    Approval be provided for the establishment of a formal partnership between the City and the Hobart Chargers Basketball Association.

2.    The General Manager be delegated the authority to negotiate and agree to the terms of the resulting Partnership Agreement with the Hobart Chargers Basketball Association, and to execute the Agreement on the Council’s behalf.

3.    The funding provided by the City of Hobart be recorded in the relevant Annual Reports in accordance with the Council’s policy on the disclosure of grants and benefits.

Reynolds

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

ruzicka

zucco                                                                        That item 34 be recommitted.  

MOTION CARRIED

VOTING RECORD

The Chairman called for a re-vote on the original motion.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    Approval be provided for the establishment of a formal partnership between the City and the Hobart Chargers Basketball Association.

2.    The General Manager be delegated the authority to negotiate and agree to the terms of the resulting Partnership Agreement with the Hobart Chargers Basketball Association, and to execute the Agreement on the Council’s behalf.

3.    The funding provided by the City of Hobart be recorded in the relevant Annual Reports in accordance with the Council’s policy on the disclosure of grants and benefits.

35.      Franklin Square - Further Activation Opportunities

Ref:    Special Open PRC 6.3, 10/05/2018

That:  1.     Work be undertaken to enable the benches on the roof of the Franklin Square toilet block to be more easily removable thereby creating a larger stage space, as and when required, at a cost of around $5,000 from the 2017/2018 financial years’ operating budget.

2.    Investigations be undertaken to determine the structural integrity of the roof of the public toilets building to determine if anchor points for equipment, such as lighting and marquees, is possible.

3.    The placement of a piano in Franklin Square be trialled for a 6 month period, over the spring/summer during the 2018/19 financial year, with a review to be undertaken on its ongoing viability taking into account the effects of weather, vandalism and the ongoing maintenance costs of the piano.

4.    Public Wi-Fi be provided in Franklin Square at an estimated cost of $40,000 to be funded from the Innovation and Technology budget in the 2018/19 financial year as part of the City’s ‘Smart Cities’ initiative.

5.    Further opportunities be identified and progressed that enable the provision of new technology in the Park to meet the emerging needs of the community, in alignment with the City’s proposed ‘Smart Cities’ project.

6.    A media release be issued at the appropriate time.

Reynolds

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

36.      kunanyi / Mount Wellington - Expression of Interest Outcome for an All-Weather Shuttle Bus Transport Service

Ref:    Special Closed PR 2.1, 21/05/2018

That:    1.    JP Gregory Pty Ltd (currently trading as Red Decker) be endorsed as the City’s preferred exclusive operator for an all year, timetabled kunanyi / Mount Wellington all-weather shuttle bus transport service.

2.    The General Manager liaise with the JP Gregory Pty Ltd and the Wellington Park Management Trust to enable the proponent to begin operation of the service.

(i)      The Council support the proponent’s submission to the Trust, to receive an exclusive licence to operate a timetabled, ticketed bus service, capable of operating above the gates during snow/ice events, on Pinnacle Road within Wellington Park.

(ii)     The proposed exclusivity to not impact on tour bus companies that service brochure tours, school groups or cruise ships to the Mountain.

3.    The General Manager be authorised to liaise with the Trust to negotiate terms and conditions with the preferred operator, of a duration to make the proposal commercially viable including pick up and drop off points and ticketing structure.

4.    The General Manager be authorised to liaise with the Trust to review and re-new the licence, if and when requested.

Reynolds

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

37.      Economic Development and Communications Committee Action Status Report - Removal of Item

Sexton

Harvey                                                                                                                       

That the General Manager’s recommendation be adopted.

MOTION CARRIED BY AN ABSOLUTE MAJORITY

VOTING RECORD

COUNCIL RESOLUTION:

That Council resolve that no further action be taken for item 1 “Funky Shopping Trolley Hire Program on the Economic Development and Communications Committee status report.

39.      Weather Event - Update

Sexton

Briscoe                                               

That the General Manager’s recommendation be adopted.

MOTION CARRIED

VOTING RECORD