Minutes (Open Portion)

Council Meeting

Page 2

20/2/2023

Minutes (Open Portion)

Council Meeting

Page 5

20/02/2023

The Chairman reports that she has perused the minutes of the meeting of the
Open Portion of the:

·      Council meeting held on Monday, 23 January 2023,

·      Finance and Governance Committee meeting held on Tuesday, 23 August 2022,

·      City Infrastructure Committee meeting held on Wednesday, 31 August
2022,

·      Economic Development and Communications Committee held on Thursday 29 September 2022,

·      Community, Culture and Events Committee meeting held on Thursday, 1 September 2022,

·      Parks and Recreation Committee meeting held on Thursday, 13 October 2022,

and finds them to be a true record and recommends that they be taken as read
and signed as a correct record.

Burnet

Dutta                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Behrakis

Dutta

Sherlock

Kelly

Elliot

Bloomfield

Posselt

Lohberger

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Behrakis

Dutta

Sherlock

Kelly

Elliot

Bloomfield

Posselt

Lohberger

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Behrakis

Dutta

Sherlock

Kelly

Elliot

Bloomfield

Posselt

Lohberger

The City of Hobart joins the worldwide outpouring of sadness about the terrible earthquake that hit Türkiye and surrounding countries including Syria on 6 February 2023 that has killed more than 46,000 people with the death toll expected to rise to many more.

The Turkish and Syrian communities of Hobart are understandably very worried about friends and family in their homeland and we want to reassure you of our support.

Our thoughts are with these communities in Hobart and our heartfelt sympathy and of course condolences to those who may have suffered a tragic loss through this terrible event.

As part of my role as Lord Mayor and the duties set out under the Local Government Act 1993 I have produced my 2021-2022 annual report.

It outlines the work that is carried out by me in my capacity as Lord Mayor to meet the eight specific functions and duties under legislation.

Some interesting statistics in key areas include:

·           Receiving and responding to 1,190 individual items of correspondence

·           62 one-on-one constituent meetings, including at 20 Mayor in the Chair sessions held in places around the City.

·           185 additional meetings with organisations, businesses and government agencies and politicians; and

·           Launched or opened 169 events, hosted 19 receptions, run 14 Town Hall sessions for schools and provided 91 media interviews.

The Report will be made available on the Council’s website.

Mr Douglas Cartwright put the following questions which were taken on notice by the Lord Mayor.

1.    Can Council continuing to justify allowing faceless companies to leave inner city buildings empty when so many citizens have no safe place to stay?

2.    Will Council make orders extinguishing title to buildings we the people considered to be un-utilised?

3.    Will Council commit all parking revenue towards funding a project to house the homeless in empty buildings?

10.      Elected Member Model Code of Conduct Review

That the Council adopt the model code of conduct marked as Attachment A to this item.

Burnet

Sherlock                                               That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

Attachment

a    Elected Member Model Code of Conduct   

11.      Response to Petition - Keep Council Local

That:   1.    Council notes that the current review of the City’s Community Engagement Framework is exploring models of contemporary engagement, including participatory budgeting.

2.    Council notes that the Community Engagement Framework will be developed in consultation with community and stakeholders and presented to Council for endorsement in the first half of 2023.

3.    The petitioner be advised of the Councils decision.

Harvey

Posselt                                                    That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

12.      Response to Petition - Name Change Macquarie Street

That:   1.    The renaming of Macquarie Street is not pursued any further as it does not comply with the principles detailed in the State Government’s Tasmania Place Naming Guidelines.

2.    The petitioners be notified of the Council decision.

Burnet

Sherlock                                             That the recommendations be adopted.

Amendment

Harvey

LOHBERGER                                                                                                               

That an additional clause be added to read as follows:

3.    That students are encouraged to continue investigation on the topic and should apply for a Creative Hobart Arts Grant to fund an interpretive piece of work.

MOTION CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The renaming of Macquarie Street is not pursued any further as it does not comply with the principles detailed in the State Government’s Tasmania Place Naming Guidelines.

2.    The petitioners be notified of the Council decision.

3.    That students are encouraged to continue investigation on the topic and should apply for a Creative Hobart Arts Grant to fund an interpretive piece of work.

13.      Procurement - Quotation Exemption Report

That:   1.       The report titled ‘Procurement – Quotation Exemption Report’ be received and noted.

2.      The Council note the exemptions granted from the requirement to seek three written quotations for the period 1 July to 31 December 2022.

Burnet

Harvey                                                That Council adopt the recommendation

MOTION CARRIED

VOTING RECORD

14.      Parking Discount Scheme Options

That:   1.      Council notes the report prepared in relation to shop and save parking incentives.

2.      Council consider its preferred approach to parking discounts as an incentive to stimulate retail activity through the Parking Strategy currently under development.

Burnet

Sherlock                                          That Council adopt the recommendation

MOTION CARRIED

VOTING RECORD

15.      Notice of Motion Response - UTAS Community Consultation

That the Council note the advice:

1.      That UTAS is not a partner in the Hobart City Deal, however, as with many other organisations in Greater Hobart, their planning and activities can have an impact on the Key Focus Areas of the Hobart City Deal.

2.      The change in the description of the UTAS Southern Transformation Project between February 2019 and the release of the City Deal Implementation Plan in October 2019 was made to reflect the evolving nature of this externally driven project progressed by UTAS as a non-partner to the City Deal and outside the Hobart City Deal.

Burnet

Harvey                                                                    That Council note the advice

MOTION CARRIED

VOTING RECORD

16.      Relocation of Vehicles from Bidencopes Lane to Centrepoint Carpark

That :  1.       The Council enter into a lease with the owner of that part of Bidencopes Lane shown on Attachment A for a period of up to ten (10) years with two options for a further ten (10) years each at a nominal rent.

2.      As part of the agreement, the Council grant a licence to Centrepoint for the use of 8 car spaces on ramp one of the Centrepoint Carpark.

3.      The Chief Executive Officer be delegated the authority to negotiate and agree to the terms of the agreements.

Harvey

Posselt                                             That Council adopt the recommendation.

MOTION CARRIED

VOTING RECORD

Attachment

a    Bidenscope Lane   

17.      Financial Report as at 31st December 2022

That:   1.      The Financial Report for the period ending 31 December 2022 be noted; and

2.      The proposed Mid-Year Variation Request updates to the City’s 2022-23 Budget Estimates be approved.

Behrakis

Sherlock                                                That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

18.      City of Hobart Submission to Wellington Park Visitor Recreation Draft Strategy

That Council note the City of Hobart’s submission to the Wellington Park Visitor Recreation marked as Attachment A to this item.

Posselt

Sherlock                                                That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

Attachment

a    Submission to Wellington Park Draft Visitor Recreation Strategy   

19.      Request to Install Memorial Plaque - Iranian Community - Women, Life, Freedom Campaign

That:   1.      Approval be granted for the installation of a plaque and associated tree planting (Cypress tree: Pencil Pine) at a location approved by the Director City Life in consultation with the Iranian Community Tasmania.

2.      All costs for production and installation of the plaque to be met by City of Hobart as part of its International Women’s Day and Multicultural Commitments.

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

Sherlock

Burnet                                                     That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

20.      Annual General Meeting Motions

That in accordance with Section 72B of the Local Government Act 1993, the Council note the following two motions adopted unanimously at the City of Hobart Annual General Meeting of 28 November 2022:

a)   The minutes of the Annual General Meeting held on Monday, 22 November 2021, be confirmed as an accurate record.

b)   That the City of Hobart Annual Report for 2021-22 be adopted.

Sherlock

Posselt                                             That Council adopt the recommendation.

MOTION CARRIED

VOTING RECORD

21.      Culture and Workforce - Strategic Plan

Motion

“That the Council:

1.   note that the successful execution of the Council’s strategy is contingent on the City of Hobart being supported by a healthy organisational culture and a skilled, resilient and appropriately structured and resourced workforce that feels valued, heard, understood, informed and supported and

2.   include in its updated Strategic Plan an outcome(s) and strategies that relate to the Council’s desired organisational culture and workforce.”

Elliot

Zucco                                                                         That the motion be adopted.

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

The motion was lost.

22.      Change rooms, toilets and showers

Motion

“That the Council:

1.   acknowledge that all community members should be able to feel safe and comfortable using the City’s change rooms, and toilet and shower facilities and

2.   adopt a policy position that as the City develops new and/or renovates existing change rooms, and toilet and shower facilities, that:

a)   where communal shared spaces are offered, that it will seek to provide at least three segregated communal shared spaces; namely a space for females/women, a space for males/men, and a space that is for people of all sexes and genders, noting that this is in addition to (not replacement of) any other spaces where there is a requirement or other need (such as accessible facilities for people with a disability and facilities for parenting and family groups) and

b)   it will seek to increase the supply of separate, individual change room, toilet and shower facilities which are solely used by an individual or a group known to each other (such as a family group) which can be accessed directly without passing through a segregated communal shared space.”

Elliot

Zucco      That the motion be adopted and each clause be taken separately.  

Behrakis

Dutta

That Councillor Elliot be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

Posselt

Dutta

That Councillor Sherlock be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

Behrakis

Harvey

That Alderman Zucco be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

The Lord Mayor then put clause 1 of the motion.

MOTION LOST
CLAUSE ONE

VOTING RECORD

The Lord Mayor then put clause 2(a) of the motion.

MOTION LOST
CLAUSE TWO (a)

VOTING RECORD

The Lord Mayor then put clause 2(b) of the motion.

MOTION LOST
CLAUSE TWO (b)

VOTING RECORD

COUNCIL RESOLUTION:

The motion was lost.

23.      'Whole of House' Short Stay Accommodation Permits

Motion

“That a report be prepared as soon as practicable that considers a range of options to ensure that whole of house/apartment residential properties that are advertised as full time short stay accommodation have permitted use rights.

The report consider a mechanism to be implemented that ensures the above short stay accommodation providers have the required permits in place and monitored by the Council regularly.

The report also considers options that all full time residential converted properties to short stay are registered on a yearly bases similarly to the hospitality industry with inspections in accordance to the health act again similarly to the hospitality industry.

The report further consider options to also regulate and monitor other participants in the industry that use their residence that are not full house/apartments or full time providers that may use their personal residence for short stay accommodation similarly to a home business registrations.”

Zucco

Behrakis                                                                  That the motion be adopted.

Behrakis

Harvey                                                                                                                       

That Alderman Zucco be granted an additional two minutes to address the meeting.

MOTION CARRIED

VOTING RECORD

SUBSTANTIVE MOTION LOST

VOTING RECORD

Motion

Posselt

Burnet                                                                                                                       

“That the Council write to the State Government expressing concerns about the legislative framework on regulation of Short Stay Accommodation across Tasmania and the ability for councils to ensure compliance with the relevant regulation. The letter should also make mention of the desire to charge a fee for service for regulation compliance activity for the purposes of cost recovery and/or as a deterrent mechanism for conversion of whole homes to short stay accommodation.”

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council write to the State Government expressing concerns about the legislative framework on regulation of Short Stay Accommodation across Tasmania and the ability for councils to ensure compliance with the relevant regulation. The letter should also make mention of the desire to charge a fee for service for regulation compliance activity for the purposes of cost recovery and/or as a deterrent mechanism for conversion of whole homes to short stay accommodation.

24.      Inclusive and Welcoming City

Motion

“That   1.      Council reaffirms the City’s commitment to inclusion and equal access through the Community Inclusion and Equity Framework AND that the LGBTIQ+ commitment is reviewed and refreshed as a priority this year AND that a LGBTIQ+ reference group is established.

2.      The City provide all elected members equality, inclusion and gender diversity training through a formal workshop. Specifically their obligations as they relate to the Council’s Social Inclusion Policy and the Anti-Discrimination Act 1998 (Tas).

3.      Council recognise that gender identity is enshrined in the Anti-Discrimination Act 1998 and therefore under law, anyone who identifies as a woman should be treated as a woman, anyone who identifies as a man should be treated as a man and non-binary people are non-binary people.

4.      The CEO write to the Director of Local Government requesting an investigation into any Councillor who’s conduct as it relates to the LGBTIQ+ community may breach the Code of Conduct and relevant State Legislation, including but not limited to the Local Government Act 1993 and the Anti-Discrimination Act 1998 (Tas) (example conduct in Appendix 1).”

Posselt

Lohberger       That the motion be adopted with the omission of Clause 4.

AMENDMENT

ELLIOT

That clause 3 be amended to read as follows:

“Council Note that gender identity is a prescribe attribute in the Anti-Discrimination Act 1998 and that the Act Prohibits discrimination based on a range of attributes, including gender identity”

The amendment lapsed for want of a seconder.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That    1.      Council reaffirms the City’s commitment to inclusion and equal access through the Community Inclusion and Equity Framework AND that the LGBTIQ+ commitment is reviewed and refreshed as a priority this year AND that a LGBTIQ+ reference group is established.

2.      The City provide all elected members equality, inclusion and gender diversity training through a formal workshop. Specifically their obligations as they relate to the Council’s Social Inclusion Policy and the Anti-Discrimination Act 1998 (Tas).

3.      Council recognise that gender identity is enshrined in the Anti-Discrimination Act 1998 and therefore under law, anyone who identifies as a woman should be treated as a woman, anyone who identifies as a man should be treated as a man and non-binary people are non-binary people.

27.      Sandy Bay Neighbourhood Plan

That the Council endorse the Sandy Bay Neighbourhood Plan Boundaries and indicative timing of the key planning milestones of the project.

Sherlock

Posselt    That Council adopt the recommendation as amended to include “and Mount Nelson” after the words “Sandy Bay”.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the Sandy Bay and Mount Nelson Neighbourhood Plan Boundaries and indicative timing of the key planning milestones of the project.

Ref:   Closed Council 6, 20/02/2023

That the Council endorse the release of the Central Hobart Precincts Plan Discussion Paper marked as Attachment A to this item, for the purpose of public exhibition and further stakeholder and community consultation.

Burnet

Dutta                                                   That Council adopt the recommendation.

MOTION CARRIED

VOTING RECORD

Attachment

a    Central Hobart Precincts Plan Discussion Paper   

29.      E-Scooter Trial Findings

Ref:   Closed Council 8, 20/02/2023

That:   1.      Hire-and-ride micromobility be continued as a service in Hobart under a license arrangement with operational conditions determined by the CEO following the conclusion of the trial under new arrangements between the City and operators;

2.   City officers continue to research and implement solutions to safety and parking issues based on community and stakeholder engagement, and evidence-based analysis;

3.   Particular issues of micromobility devices be prioritised in the City’s Local Area Mobility Plans, including footpath and path infrastructure improvements.

4.   Determination of day-to-day operational conditions of the trial and responsibility for changes to these conditions be delegated to the CEO.

5.   In accordance with regulation 15 (8) of the Local Government (Meeting Procedures) Regulations 2015, the Council has considered whether any discussion, decision, report or attachment related to this item can be released to the public, taking into account privacy and confidentiality issues, and resolved the item be transferred to the open portion of the meeting.

Burnet

Behrakis                                           That Council adopt the recommendation.

Amendment

Lohberger

Dutta                                                                                                                           

That additional clauses 6, 7, and 8 be added, and each clause be taken separately, to read as follows:

“That:

6.         A process be run to identify an operator for an eScooter hire business in Hobart, and that the preferred operator demonstrate the ability to meet the following licence conditions:

-            Use a restricted parking model under which eScooters must be returned to set locations around the city that will be identified on the app and through on-ground signage;

-            Prevent the parking of eScooters on footpaths within a 2km radius of the Elizabeth Street Mall in Hobart’s CBD. except at the discretion of the CEO of the City of Hobart to address specific issues;

-            Has a high quality and proven geo-fencing technology that can include and enforce total no-ride zones, footpath no-ride zones, no-parking zones, and speed-restricted zones.

-            Meet agreed performance standards for the removal of eScooters within a set timeframe when they are parked within 2km of Elizabeth mall, or are parked in a way that obstructs the public right-of-way, or are left in a position that is irretrievable by the general public;

-            Demonstrates an ability to maintain a local point of contact and service delivery for local residents to lodge complaints or make suggestions;

-            Have high-quality 3^rd-party insurance coverage;

-            Offer concessional travel to low-income earners; and,

-            Provide a report back to Council every 12 months regarding the performance of its parking arrangements and mitigation strategies.

7.         The City of Hobart will invest all future eScooter licence fees into the provision of shared on-street parking stations and transit lanes for bicycles, eBikes, and eScooters.

8.         The Lord Mayor to write to the Tasmanian Government on behalf of the City of Hobart, calling for:

-          legislative and financial support to expedite the construction separated lanes for bicycles, eBikes, and eScooters in Hobart; and better promotion and enforcement of fines for breaches of Tasmania’s road rules by e-scooter riders (eg. doubling, use of helmets, riding under the influence).

The Lord Mayor then put clause 6 of the amendment.

AMENDMENT LOST

VOTING RECORD

The Lord Mayor then put clause 7 of the amendment.

AMENDMENT CARRIED

VOTING RECORD

The Lord Mayor then put clause 8 of the amendment.

AMENDMENT CARRIED

VOTING RECORD

Behrakis

Sherlock                                                                                                                  

That Alderman Zucco be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

Amendment

Dutta

Lohberger                                                                                                               

That Clause 1 be amended by the addition of the following line after the word “operators”:

“; and that a further report be provided to Council on the license arrangements before finalising”

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      Hire-and-ride micromobility be continued as a service in Hobart under a license arrangement with operational conditions determined by the CEO following the conclusion of the trial under new arrangements between the City and operators; and that a further report be provided to Council on the license arrangements before finalising

2.   City officers continue to research and implement solutions to safety and parking issues based on community and stakeholder engagement, and evidence-based analysis;

3.   Particular issues of micromobility devices be prioritised in the City’s Local Area Mobility Plans, including footpath and path infrastructure improvements.

4.   Determination of day-to-day operational conditions of the trial and responsibility for changes to these conditions be delegated to the CEO.

5.   In accordance with regulation 15 (8) of the Local Government (Meeting Procedures) Regulations 2015, the Council has considered whether any discussion, decision, report or attachment related to this item can be released to the public, taking into account privacy and confidentiality issues, and resolved the item be transferred to the open portion of the meeting.

6.   The City of Hobart will invest all future eScooter licence fees into the provision of shared on-street parking stations and transit lanes for bicycles, eBikes, and eScooters.

7.   The Lord Mayor to write to the Tasmanian Government on behalf of the City of Hobart, calling for:

-          legislative and financial support to expedite the construction separated lanes for bicycles, eBikes, and eScooters in Hobart; and better promotion and enforcement of fines for breaches of Tasmania’s road rules by e-scooter riders (eg. doubling, use of helmets, riding under the influence).

30.      Future of Local Government Review - Phase 2 Submission

Ref:     Supp Closed Council 11, 20/02/2023

That:   1.      The report presented by the Chief Executive Officer on the future of local government review process and Options Paper (December 2022) be noted.

2.      The Draft Submission prepared in response to the Future of Local Government Options Paper (December 2022), provided in Attachment A of this report be endorsed.

3.      The Chief Executive Officer be authorised to finalise and lodge the submission to the Local Government Board.

4.      In accordance with regulation 15 (8) of the Local Government (Meeting Procedures) Regulations 2015, the Council has considered whether any discussion, decision, report or attachment related to this item can be released to the public, taking into account privacy and confidentiality issues, and resolved to move the item into the open portion of the meeting.

Burnet

Posselt                                              That Council adopt the recommendation

MOTION CARRIED

VOTING RECORD