Minutes (Open Portion)

Council Meeting

Page 3

23/1/2023

Minutes (Open Portion)

Council Meeting

Page 5

23/01/2023

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 12 December 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Dutta

Behrakis                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed. 

AYES

NOES

Lord Mayor Reynolds

Zucco

Harvey

Behrakis

Dutta

Sherlock

Kelly

Elliot

Bloomfield

Posselt

Lohberger

The Lord Mayor presented the Chamber with a framed Welcoming Cities Accreditation for the City of Hobart.

On 9 December 2022 Sebastian Geers, Manager of the national Welcoming Cities Network attended the Town Hall launch to celebrate the City’s new accreditation as a Welcoming City and member of the Welcoming Cities Network. He presented the framed certificate marking national accreditation in the Leadership category.

This status for the City of Hobart as a Welcoming City shows that Council has acted towards becoming a more connected and cohesive community and a driver of cultural change. We look forward to making progress as part of this national and international network.

The Lord Mayor tabled a letter from Mathew Healey, Director of Local Government, which was sent to all Councils reminding Councillors about expectations and standards of behaviour at Council meetings and conducting themselves within the Code of Conduct at all times.

A copy was circulated to all elected members.

Zucco

Dutta                                                                                                          That

That the Council received and note the communication received.

MOTION CARRIED

VOTING RECORD

Attachments

a    Letter from DoLG - Expectations of Behaviour - Hobart City Council ⇨  

No public questions were received.

10.      Council Workshop Policy

Councillor Elliot

Motion

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

Rationale:

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

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

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

Elliot

Zucco                                                                       That the motion be adopted.

Procedural Motion

Posselt

Lohberger                                                              That the motion be now put.

PROCEDURAL MOTION CARRIED

VOTING RECORD

MOTION LOST

VOTING RECORD

Motion without Notice

Dutta

Harvey                                                                                                                        

That Council notes the administrative response and acknowledges a workshop policy is not required.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That Council notes the administrative response and acknowledges a workshop policy is not required.

11.      Access to Information Policy

Councillor Elliot

Motion

“That the Council:

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

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

Rationale:

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

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

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

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

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

Elliot

Zucco                                                                        That the motion be adopted.

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

The motion was lost.

12.      CBD Cleaning

Councillor Elliot

Motion

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

Rationale:

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

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

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

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

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

Elliot

ZUCCO                                                              That the motion be adopted.

Procedural Motion

Sherlock

Posselt                                                                                                                      

That the matter of the motion be referred to a budget workshop.

PROCEDURAL MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council consider the City’s cleaning regime for the CBD as part of a budget workshop for the 2023-24 budget process.

13.      Family Friendly CBD

Councillor Elliot

Motion

That the Council:

·    require a report on the development of a strategy and action plan that focuses on enhancing the family-friendly nature of the CBD and

·    that actions within the strategy include:

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

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

Rationale:

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

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

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

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

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

Do not delete this line

Elliot

Zucco                                                   

That the recommendation be adopted amended by the removal of the second point and its sub-points.

Amendment

Behrakis

Sherlock                                                                                                                  

That a new clause be included that reads:

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

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

Procedural Motion

Harvey

Sherlock                                                                                                                  

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

PROCEDURAL MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the matter of the motion, development of a family friendly CBD strategy, and proposed amendments discussed, be referred to a workshop.

14.      Portfolio Committees - Member Appointment Process

Harvey

Posselt         

That the recommendation contained in the officer report marked as item 14 of the Open Council agenda of 23 January 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That Council:

1.         Seek Expressions of Interest for members of the City of Hobart portfolio committees.

2.         Note that a report will be provided to council in April 2023 seeking endorsement of the recommended appointments to each portfolio committee.

15.      City of Hobart Rating and Valuation Review Proposal

Sherlock

Harvey

That the recommendation contained in the officer report marked as item 15 of the Open Council agenda or 23 January 2023, be adopted.

Amendment

Zucco

Posselt                                                                                                                      

That the previous report on a land value based strategy, prepared by KPMG, be considered in the context of this work.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

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

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

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

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

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

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

7.      The previous report on a land value based strategy, prepared by KPMG, be considered in the context of this work.

16.      Recurring Financial and Governance Reports

Dutta

Harvey                                                                                                                        

That the recommendation contained in the officer report marked as item 15 of the Open Council agenda or 23 January 2023, be adopted.

Amendment

Posselt                                                                                                                      

That the report on sale of land for unpaid rates be received quarterly rather than annually.

The amendment lapsed for want of a seconder.

Amendment

Elliot

Zucco                                                                                                                          

That:    1. The report on sale of land for unpaid rates be received as required with a minimum of annually.

             2. The report on investments and loans be received six monthly rather than annually.

AMENDMENT CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

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

(i)            The report on sale of land for unpaid rates be received as required with a minimum of annually.

(ii)          The report on investments and loans be received six monthly rather than annually.

17.      Citizenship Ceremonies - January 2024 Onwards

Sherlock

Posselt         

That the recommendation contained in the officer report marked as item 17 of the Open Council agenda of 23 January 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

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

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

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

18.      Queenborough Oval Buildings Concept Plan

Zucco

Harvey

That the recommendation contained on the officer report marked as item 18 of the Open Council agenda of 23 January 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

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

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

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

19.      Mount Stuart Memorial Hall Lease Renewal

Harvey

Behrakis

That the recommendation contained on the officer report marked as item 19 of the Open Council agenda of 23 January 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

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

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

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

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

20.      Sandy Bay Scout Hall Lease Renewal

Behrakis

Sherlock     

That the recommendation contained on the officer report marked as item 20 of the Open Council agenda of 23 January 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

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

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

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

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

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

Sherlock

Behrakis       

That the recommendation contained on the officer report marked as item 21 of the Open Council agenda of 23 January 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

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

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

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

22.      Community Advisory Groups - Elected Member Representatives

Dutta

Sherlock     

That the Lord Mayor call for nominations as recommended in the officer report marked as item 22 of the Open Council agenda of 23 January 2023.

The Lord Mayor then called for nominations for Chairperson and Deputy Chairperson of the Access Advisory Committee.

Alderman Bloomfield nominated as Chairperson.

Councillor Posselt nominated as Deputy Chairperson.

In the absence of further nominations, the Lord Mayor declared Alderman Bloomfield Chairperson and Councillor Posselt Deputy Chairperson of the Access Advisory Committee.

The Lord Mayor then called for nominations for Co-Chairperson and Deputy Co-Chairperson of the Housing with Dignity Reference Group.

Alderman Behrakis nominated for Co-Chairperson.

Councillor Lohberger nominated for Deputy Co-Chairperson.

In the absence of further nominations, the Lord Mayor declared Alderman Behrakis Co-Chairperson and Councillor Lohberger Deputy Co-Chairperson of the Housing with Dignity Reference Group.

The Lord Mayor then put the appointments to the vote.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council appoint the following community reference group representatives:

1.            Access Advisory Committee:

(i)        Alderman Bloomfield – Chairperson

(ii)       Councillor Posselt - Deputy Chairperson

2.            Housing with Dignity Reference Group:

(i)        Alderman Behrakis – Co-Chairperson

(ii)       Councillor Lohberger -  Deputy Co-Chairperson

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

Sherlock

Dutta     

That the recommendation contained in the officer report marked as item 23 of the Open Council agenda of 23 January 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council receive and note the Code of Conduct Determination Report in respect to a complaint lodged by Ms Lynne Robertson against Councillor Bill Harvey, shown as Attachment A to this report.

Preamble:   Undersection 28 of the Local Government Act being the functions of councillors section states that A Councillor, in their capacity of an individual councillor, has the following functions.

Under section 2 (b) iii the Councillors of a Council must ensure the fair and equitable treatment of employees of the Council.

Question:    That considering the "anonymous" complaint received by the CEO in September 2022 and that the CEO and consulted with only the Lord Mayor and Deputy Lord Mayor why were other Councillors who have a collective responsibility under the Local Government Act not consulted and were subject to being advised via media channels?

That considering the nature of the "anonymous" compliant and section 28 of the act why didn't the CEO call an urgent special meeting to provide the information to the Council rather than a "select few'' who are not the Council under the Act.

That considering the nature of these complaints and advising the Council that I have had a vast number of staff provide me directly with both written and verbal complaints since the release of the "anonymous" complaints can the CEO advice Council of the status of any actions taken solutions and any ongoing mechanisms to rectify the issues.

That considering these matters were brought to light in 2022 have any other elected members been involved or contacted by the CEO on the issue and if so why wasn't the Council.

Has the media sought information under Right of Information under the ACT if so when and has any other elected member or the CEO with any elected member been involved in any formal or informal discussions with the media on this matter.

Finally when will the CEO formally report to Council as per this matter so the Council can be assured that this serious matter is being formally investigated for an ultimate aim to achieve a resolution?

Answer:       The Chief Executive Officer took the question on notice.

Preamble:   In 2021 I put forward a question as per the installation and cost of a power pack car charger. The question was never answered in accordance to the question put.

A further question was put forward as per the matter seeking internal correspondence between staff, as per the nature and who initiated the installation. This was made in March 2022.

A further request was made as per the status of the question in July 2022.

In October 2022 the matter was still with the elected member requests.

It is now approaching February 2023 nearly 2 years since a question was asked with no response to the question.

Question:    Without elaborating on the detail of my question as it relates to staff that are named, can the CEO please provide the details as requested nearly 2 years ago and restated twice since over that period?

Answer:       The Chief Executive Officer took the question on notice.

Question:  Why did the correspondence to a major stakeholder relating to a significant decision that Council made on 12 December take nearly six weeks (or 26 working days excluding public holidays) to prepare, especially given the bulk of the letter is a copy and paste of the motion? Do we have a policy on actioning items like this, that includes timeframes for action?

Answer:     The Chief Executive Officer took the question on notice.

Question:  On 1 December an elected member (Lord Mayor) stated on local ABC radio when discussing the new governance arrangements for the Council that in relation to Portfolio Committees that “members of the public will be around the table as key advisers and decision-makers”. Is this statement correct?

                   The Lord Mayor also made the statement that there are a “whole range of ways we’re going to be making decisions; through Planning Committee, Council Meetings, Portfolio Committees and Workshops” Is this statement correct?

Answer:     The Chief Executive Officer took the question on notice.