\
MINUTES
Open Portion
Monday, 27 November 2023
AT 5.00 pm
Council Chamber, Town Hall
|
Minutes (Open Portion) Council Meeting |
Page 1 |
|
27/11/2023 |
|
PRESENT, APOLOGIES AND LEAVE OF ABSENCE
4. Communication from the Chairman
5. Notification of Council Workshops
8. Consideration of Supplementary Items
9. Indications of Pecuniary and Conflicts of Interest
10. Local Area Mobility Plan for Battery Point and North Suburbs
11. Mac Point Draft Precinct Plan Submission
12. Hobart Phoenix Basketball Proposal - Rugby Park
14. City of Hobart Submission on the proposed Development Assessment Panel (DAP) Framework
15. Rating and Valuation Strategy Review - Rating System Options for Community Consultation
16. Review of the Fire Service Act 1979 Funding Model - City of Hobart Draft Submission
17. Procurement - Quotation Exemption Report
18. Governing Hobart - Governance Model Review Update
19. Governing Hobart - Proposed 2024 Governance Calendar
20. Quarterly Financial Report - 30 September 2023
Report of the Chief Executive Officer
21. 2022-23 Financial Statements
22. Vacancies - Council Appointments
Motions of which notice has been given
24. Legal Advice - Non-Disclosure Agreements
26. Working With Vulnerable People Card
28. RESPONSES TO QUESTIONS WITHOUT NOTICE
30. Closed Portion of the Meeting
|
Minutes (Open Portion) Council Meeting |
Page 1 |
|
27/11/2023 |
|
PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Alderman M Zucco, Councillors W F Harvey, M S C Dutta, Dr Z E Sherlock, J L Kelly, Alderman L A Bloomfield, Councillors R J Posselt, B Lohberger and W Coats.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Councillor L Elliot.
Councillor Posselt left the meeting at 6.35pm, returning at 6.36pm.
Councillor Dutta left the meeting at 6.58pm, returning at 7.01pm.
Alderman Zucco left the meeting at 7.08pm, returning at 7.14pm.
Councillor Posselt left the meeting at 7.22, returning at 7.24pm.
Lord Mayor Councillor Reynolds left the meeting at 8.35pm, returning at 8.38pm.
Councillor Harvey left the meeting at 8.49pm, returning at 8.51pm.
The Chairperson provided an acknowledgement of Country.
The Chairperson reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 30 October 2023, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
Burnet That the recommendation be adopted. |
||||||||||||||||||||||||
MOTION CARRIED
VOTING RECORD
The minutes were signed. |
Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?
ZUCCO
KELLY
That closed item 9 be transferred to the open portion of the meeting
MOTION LOST
VOTING RECORD
AYES |
NOES |
Lord Mayor Reynolds |
Deputy Lord Mayor Burnet |
Zucco |
Harvey |
Kelly |
Dutta |
Posselt |
Sherlock |
Coats |
Bloomfield |
|
Lohberger |
DUTTA
BURNET That open item 27 be taken after open item 9.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Lord Mayor Reynolds |
|
Deputy Lord Mayor Burnet |
|
Zucco |
|
Harvey |
|
Dutta |
|
Sherlock |
|
Kelly |
|
Bloomfield |
|
Posselt |
|
Lohberger |
|
Coats |
|
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that the following Council workshops have been conducted since the last ordinary meeting of the Council.
Date: Monday, 6 November 2023
Purpose: Climate Strategy | Community Satisfaction and Business Surveys | Visitor Infrastructure for the Mountain
Attendance:
The Lord Mayor Councillor A Reynolds, Deputy Lord Mayor Councillor H Burnet, Councillors B Harvey, M Dutta, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, B Lohberger and W Coats
Date: Monday, 20 November 2023
Purpose: Macquarie Point Precinct Plan | Briefing - Council Agenda
Attendance:
The Lord Mayor Councillor A Reynolds, Deputy Lord Mayor Councillor H Burnet, Councillors B Harvey, M Dutta, Z Sherlock, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, B Lohberger and W Coats
|
The Acting Chief Executive Officer tabled a petition calling for the Council to allow for greater flexibility with lane closures by not applying blanket bans to vehicle and pedestrian access, and to advise the State Government on either adjusting or removing all scramble crossings to allow traffic to follow. There were 360 signatories to the petition.
|
||||||||||||||||||||||||
|
Burnet
That the petition be received and noted and a report returned to the Council. |
||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||
|
a Petition - Hobart Traffic Management ⇨ |
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.
No supplementary items were received.
|
Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Elected members are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with.
No interest was indicated.
Item 27 was then taken.
11. Mac Point Draft Precinct Plan Submission File Ref: F23/111575 |
|||||||||||||||||||||||
|
Harvey
That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||
|
1. The Council endorse the submission to the Macquarie Point Development Corporation in response to the Mac Point Draft Precinct Plan provided in Attachment A to item 11 of the Open Council Agenda of 27 November 2023. 2. The Council receive and note the update in relation to the Inner North-East Neighbourhood (structure) Plan.
|
Item 13 was then taken.
12. Hobart Phoenix Basketball Proposal - Rugby Park File Ref: F23/104151 |
|||||||||||||||||||||||||
|
Sherlock
That the recommendation contained within the officer report, marked as item 12 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||||
|
Procedural Motion
That the matter be deferred for further information in regard to the City’s Policies on Leases to Not for Profit Organisations and Probity Guidelines for Consideration of Commercial Property Transactions.
The procedural motion lapsed for want of a seconder.
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
1. In principle approval be granted to reduce the lease footprint currently held by the Tasmanian Rugby Union (TRU). 2. Further in principle approval be granted to the Hobart Phoenix Basketball Club to lease the section of land relinquished by the Tasmanian Rugby Union for a period of ten (10) years with a further three (3) options of ten (10) years, subject to no objections being received during the statutory community engagement process required under Sections 178 and 179 of the Local Government Act 1993. 3. The lease be provided to the Club at a nominal rental of $100 per annum on the condition the Club meet all maintenance responsibilities and outgoings. 4. Should any objections be received during the community engagement period, a further report be provided to the Council. 5. Should the basketball proposal not proceed, the TRU be given the options of having the footprint included back within its leased area. 6. The Chief Executive Officer be authorised to finalise the terms and conditions of the lease. 7. Should a lease be granted, a valuation of the land be undertaken and in accordance with the Council Policy ‘Grants and Benefits Disclosure’ the benefit recognised to the Hobart Phoenix Basketball Club by way of reduced rental as part of the lease, be disclosed in the City’s Annual Report.
|
||||||||||||||||||||||||
|
|
Item 10 was then taken.
File Ref: F23/118069; 16/117 |
|||||||||||||||||||||
|
Harvey
That the recommendation contained in the officer report, marked as item 13 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||
|
Amendment
Bloomfield
That the following additional clauses be included:
2.
The Council prepare a
report into bringing forward the closure of the McRobies Gully tip site, with
the report to include the cost of the closure and site rehabilitation, plus
the estimated cost to Council and ratepayers to access an alternative waste
disposal site following the closure of the tip. 3. The Council prepare a report into conducting an independent audit of compliance with the EPA-mandated condition to cover exposed waste at the McRobies Gully tip site with clean fill every night.
|
||||||||||||||||||||
|
The Chairperson then took the vote for each clause of the amendment separately.
|
||||||||||||||||||||
|
AMENDMENT LOST VOTING RECORD
|
||||||||||||||||||||
|
AMENDMENT CARRIED VOTING RECORD
|
||||||||||||||||||||
|
AMENDMENT CARRIED
VOTING RECORD
|
||||||||||||||||||||
|
SUBSTANTIVE MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||
|
1. The Council note that proposals for additional resources will be considered as part of the 2024-25 budget development process.
2. The Council prepare a report into a trial in South Hobart to promote and support the use of bin clips, prioritising the area between Macquarie Street and the Hobart Rivulet, to evaluate the effectiveness of these clips in reducing wind-blown rubbish.
3. The Council prepare a report into conducting an independent audit of compliance with the EPA-mandated condition to cover exposed waste at the McRobies Gully tip site with clean fill every night.
|
|
Dutta That item 15 be taken next.
MOTION CARRIED VOTING RECORD
|
Item 15 was then taken.
14. City of Hobart Submission on the proposed Development Assessment Panel (DAP) Framework File Ref: F23/118406 |
|||||||||||||||||||||||||
|
Sherlock
That the recommendation contained in the officer report, marked as item 14 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||||
|
Amendment
Lohberger
That a communication strategy be developed to ensure the community are aware of the Council’s submission in respect of the proposed Development Assessments Panel Framework.
|
||||||||||||||||||||||||
|
AMENDMENT CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
SUBSTANTIVE MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
1. The Council endorse the draft Position Paper submission to the Development Assessment Panel Framework, marked as Attachment B to item 14 of the Open Council Agenda of 27 November 2023.
2. A communications strategy be developed to ensure the community are aware of the Council’s submission in respect of the proposed Development Assessments Panel Framework.
|
Item 16 was then taken.
15. Rating and Valuation Strategy Review - Rating System Options for Community Consultation File Ref: F23/119882 |
|||||||||||||||||||||||
|
Sherlock
That the recommendation contained within the officer report, marked as item 15 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||
|
1. The report titled ‘Rating and Valuation Strategy Review Rating System Options for Community Consultation’ be received and noted. 2. The Council approve the draft Rating System Options Paper for community consultation at Attachment A to item 15 of the Open Council Agenda of 27 November 2023. 3. The Council endorse the proposed approach to community consultation for the Rating Review, as outlined in the Community Engagement Plan at Attachment B to item 15 of the Open Council Agenda of 27 November 2023.
|
Item 14 was then taken.
16. Review of the Fire Service Act 1979 Funding Model - City of Hobart Draft Submission File Ref: F23/117568 |
|||||||||||||||||||||||||
|
Burnet
That the recommendation contained within the officer report, marked as item 16 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
That the Council endorse the submission, marked as Attachment B to this report, be provided to the Tasmanian Government to inform the review of the funding models for fire and emergency services as part of the review of the Fire Services Act 1979.
|
17. Procurement - Quotation Exemption Report File Ref: F23/118558 |
|||||||||||||||||||||||||
|
Posselt Burnet
That the recommendation contained within the officer report, marked as item 17 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
That the Council note the exemptions granted from the requirement to seek three written quotations for the period 1 July to 30 September 2023 and marked as Attachment A to item 17 of the Open Council Agenda of 27 November 2023.
|
18. Governing Hobart - Governance Model Review Update File Ref: F23/121626 |
|||||||||||||||||||||||
|
Burnet Posselt
That the recommendation contained in the officer report, marked as item 18 of the Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||
|
That the Council agree by an absolute majority that the full review of Council’s governance model be extended until August 2024 to align with the review of the Portfolio Committees.
|
The Lord Mayor left the meeting and the Deputy Lord Mayor assumed the Chair.
19. Governing Hobart - Proposed 2024 Governance Calendar File Ref: F23/117775 |
|||||||||||||||||
|
Posselt
That the recommendation contained within the officer report, marked as item 19 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||
The Lord Mayor resumed the Chair. |
|||||||||||||||||
|
Amendment
Lohberger
That the Meetings: Procedure and Guidelines Policy be updated to include the following:
Where a response is not able to be provided in relation to a question raised during debate and the question is taken on notice:
a) The question be added to a register of questions taken on notice. b)
Post
meeting, the question will be delegated back to the individual who took the
question on notice to supply a written response which will then be circulated
to all elected members c) The response will subsequently be supplied in an addendum to the meeting papers of the following council meeting when published the following month. d) If an answer cannot be supplied within this timeframe it will be noted as such along with an expectation of a suitable timeframe for the answer. e) The elected member for whom the initial question was established may cancel this request if they feel that the answer no longer serves a purpose or supplies reasonable context, relieving the responsibility for the question to be addressed.
|
||||||||||||||||
|
AMENDMENT CARRIED VOTING RECORD
|
||||||||||||||||
|
SUBSTANTIVE MOTION CARRIED VOTING RECORD
|
||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||
|
1. The Council adopt the 2024 Governance Calendar (meeting schedule) marked as Attachment A to item 19 of the Open Council Agenda of 27 November 2023. 2. If any urgent matters arise which cannot be accommodated within the 2024 meeting schedule, special meetings of the Council be convened as required. 3. To facilitate the processing of planning permit applications during the period 21 December 2023 to 16 January 2024, the Director City Life be provided with the following delegation: (i) To determine all planning permit applications which would otherwise be determined by the Planning Committee in circumstances where it would not otherwise be possible to determine the application within the statutory time period required under Sections 57(6), 57(6A), 58(2) or 58(2A) of the Land Use Planning and Approvals Act 1993, and an extension of time cannot be obtained, unless an Elected Member has requested the convening of a special meeting or meetings of the Planning Committee to determine an application and there is sufficient time to arrange a special meeting prior to the expiry of the statutory time period required under those sections for the period 21 December 2023 to 16 January 2024 inclusive. 4. The Council adopt the proposed changes to the Meetings: Procedures and Guidelines Policy, shown in track changes and marked as Attachment B to item 19 of the Open Council Agenda of 27 November 2023, amended by the inclusion of the following within the Policy:
Where a response is not able to be provided in relation to a question raised during debate and the question is taken on notice:
a) The question be added to a register of questions taken on notice. b)
Post
meeting, the question will be delegated back to the individual who took the
question on notice to supply a written response which will then be circulated
to all elected members c) The response will subsequently be supplied in an addendum to the meeting papers of the following council meeting when published the following month. d) If an answer cannot be supplied within this timeframe it will be noted as such along with an expectation of a suitable timeframe for the answer. e) The elected member for whom the initial question was established may cancel this request if they feel that the answer no longer serves a purpose or supplies reasonable context, relieving the responsibility for the question to be addressed.
|
20. Quarterly Financial Report - 30 September 2023 File Ref: F23/119280 |
|||||||||||||||||||||||||
|
Lohberger
That the recommendation contained within the officer report, marked as item 20 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
1. The Quarterly Financial Report – 30 September 2023 be noted; and 2. The following proposed Operational and Capital Works variation requests to update the City’s 2023-24 Budget Estimates be approved:
|
21. 2022-23 Financial Statements File Ref: F23/115329; 16/119 |
|||||||||||||||||||||||
|
Sherlock
That the recommendation contained within the officer report, marked as item 21 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||
|
That the Council note that in accordance with section 84(4) of the Local Government Act 1993 that the Chief Executive Officer, being the General Manager as appointed by Council pursuant to section 61 of the Local Government Act 1993, table the certified financial statements for the year ended 30 June 2023, marked as Attachment C to this report.
|
22. Vacancies - Council Appointments File Ref: F23/117759 |
|||||||||||||||||||||||||
|
Burnet Sherlock
That the recommendation contained within the officer report, marked as item 22 of the Open Council Agenda of 27 November 2023, amended as follows, be adopted: 2 The Council make the following appointments:
(i) Councillor Dutta be appointed as Chairperson of the Planning Committee
(ii) Councillor Coats be appointed as Chairperson of the Heathy Hobart Portfolio Committee
(iii) Deputy Lord Mayor Councillor Burnet be appointed as LGAT Proxy Voting Delegate
(iv) Councillor Dutta be appointed as member of the Housing with Dignity Reference Group
(v) Councillor Lohberger be appointed as Co-Chairperson of the Housing with Dignity Reference Group |
||||||||||||||||||||||||
|
The Chairperson then called for any other nominations.
Councillor Posselt nominated for Chairperson of the Planning Committee.
The Chairperson then put the votes for clauses 1, 2(ii) to 2(v) separately.
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
A secret ballot was then conducted for the Chairperson of the Planning Committee.
Following a count of votes by Councillor officers, the Chairperson declared Councillor Dutta elected Chairperson of the Planning Committee.
|
||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
1. The Council appoint Councillor Will Coats as member of the Planning Committee.
2. The Council make the following appointments:
(i) Councillor Dutta be appointed as Chairperson of the Planning Committee.
(ii) Councillor Coats be appointed as Chairperson of the Heathy Hobart Portfolio Committee.
(iii) Deputy Lord Mayor Councillor Burnet be appointed as LGAT Proxy Voting Delegate.
(iv) Councillor Dutta be appointed as member of the Housing with Dignity Reference Group.
(v) Councillor Lohberger be appointed as Co-Chairperson of the Housing with Dignity Reference Group. 3. The above listed appointments be for the duration of the current term of the Council.
|
IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
File Ref: F23/122711 |
|
|
Motion
1. Include a full description of estimated costs for the life of the entirety of the activity and the budget status for the costs. 2. Describe the use of any external consultants, including a description of why the use of external consultants is required and, when external consultants are not based in Tasmania, a description of why the use of non-local consultants is required and how the Local Preference Procurement Policy has been applied; and 3. Describe what, if any, opportunities there are for the Council to collaborate with other councils on the topic of the report to support information, resources and benefit sharing, and the status of and timeline for collaboration, particularly in relation to collaboration with Glenorchy City Council.” Rationale:
“The Council requires accurate, timely and comprehensive information in order to undertake its role, with reports from officers forming a key part of the information the Council has available upon which to base its decisions.
At times, information in reports does not provide the full picture which inhibits sound decision-making and governance. For example, the report to Council in May 2023 about the development of the Climate Strategy stated that “$110,000 has been directed to strengthening evidence-base to information the Climate Strategy” where as recent figures show that the cost involved in developing this document is over $200,000. The report also states “as per budget” which is not informative given the Council had minimal access to the detail within the budget. The report does not mention the use of external consultants, which are understood to be a large portion of the costs. Given our commitment to delivering value, Council should have on hand at the time of decision-making information related to what opportunities there are for collaborating with other councils to share information, costs and benefits. This is also inline with the local government review.
Similarly, the Council should have information relating to why external consultants are being used, and why non-local consultants are being used as part of monitoring the implementation of the Local Preference Procurement Policy.”
|
|
COUNCIL RESOLUTION: |
|
In accordance with regulation 16 (7) of the Local Government (Meeting Procedures) Regulations 2015, the motion lapsed due to the absence of Councillor Elliot. |
24. Legal Advice - Non-Disclosure Agreements File Ref: F23/123245 |
|
|
Motion “That the Council require: 1. A relevant policy to be developed (or updated) that governs the Council’s use of Non-Disclosure Agreements, with the policy returned to Council for approval; and 2. The Legal Expenses section of the Elected Member Development and Support Policy to be updated to facilitate Elected Members being able to access Council-funded independent legal advice when they are requested by the Council to be party to a Non-Disclosure Agreement.” Rationale “Situations can arise where an Elected Member is asked to sign a Non-Disclosure Agreement in a range of situations, such as in order access information or as part of closing a bullying complaint. The Council should have a clear policy on this situation to ensure considered, fair and consistent treatment of all Elected Members. The Council’s policy on use of Non-Disclosure Agreements should be set by Council, especially given the possibility of them being overused/abused and the associated risks to governance and accountability. Concerns have been raised by various parties, including the Australian Human Rights Commission (AHRC), with the AHRC stating that “...confidentiality agreements can silence and isolate the people impacted and can also allow bad behaviour to continue....” and that “...once an investigation is completed, the complainant’s ability to speak should not be restricted.” The AHRC also states that “.... the Commission considers that non-disclosure agreements should not be made a condition of settlement of complaints. NDAs have been criticised as ‘covering up’ or ‘shutting down’ issues while protecting respondents.....this should be optional for the complainant, rather than a blanket condition of settlement.” See the AHRC’s report here https://humanrights.gov.au/set-standard-2021” |
|
COUNCIL RESOLUTION: |
|
In accordance with regulation 16 (7) of the Local Government (Meeting Procedures) Regulations 2015, the motion lapsed due to the absence of Councillor Elliot. |
File Ref: F23/122700 |
|||||||||||||||||||||||||
|
Motion “That all answers supplied to questions ‘taken on notice’ during debate at monthly Council meetings are to be supplied as follows:
To be included as an addendum in following Council meeting agenda with a cross reference to the motion/discussion it was attributed to UNLESS: a) The time required to supply the answer will be longer than the 4 weeks - then an acknowledgement of such with an expected timeframe for the answer be included in the addendum. b) The information is not considered to be in the best interest of the Council - such as commercial in confidence, in which case it will be noted as such and answered in a similar addendum in the closed agenda of the meeting. c) The elected member asking the question has agreed in writing that they feel that the answer is no longer required or relevant for public discourse and the requirement to source the answer is removed.
Rationale:
Elected members are expected to perform due diligence on materials supplied prior to making decisions - as the consequences pertain to an entire city and can be enormous.
Due diligence involves not just reading and researching prior to the meeting at hand but is maintained with the right to ask questions in the Chamber at the time of debate.
It is in fact expected that questions may well be asked and as a result relevant experts, directors and managers are made available on the night for this very purpose. The answers they may supply to the room can sway discourse and ensure a stronger governance.
I have noted that on an increasing number of occasions that many relevant questions asked are now 'taken on notice' - but I am not seeing a regulatory system in place to ensure that they are in fact answered in some occasions at all.
More to the point - the meeting is public, the question asked is public - and thus so too should the answer be made public with the provisos mentioned above.
This is a move to being more transparent, accountable and more importantly still - an application of good governance for the city.” |
||||||||||||||||||||||||
|
Burnet
That the motion be withdrawn from the agenda. |
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
The motion was withdrawn from the agenda. |
26. Working With Vulnerable People Card File Ref: F23/122752 |
|||||||||||||||||||||||||
|
Motion “That a report be provided that examines the establishment of policy supporting elected members of the Hobart City Council each personally undergoing a current police history check and applying for and holding a Working With Vulnerable People Card for the duration of their term in office.” Rationale: “As leaders in the community, elected members work regularly with children and vulnerable people, and need to hold themselves accountable to the public. Hobart City Council should lead the way in raising the expected standards for all Councils in Tasmania. As elected members its vital that we continue to demonstrate our calibre for office by using all available processes. For any position of responsibility it is deemed normal and ordinary to require an individual to provide evidence of prior good behaviour and these two basic background checks are generally considered the standard to be applied. In both State and Federal Government these are required, so why not Local Government?” |
||||||||||||||||||||||||
|
Sherlock
That the motion be adopted, noting the following updated rational: To show local community leadership and responsiveness to the revelations of widespread historic and contemporary child sexual abuse in Tasmania, as evidenced in the recent COI* hearings, it is moved that Council seeks a report to that explores: 1. The possibility of facilitating community initiatives on National CSA Survivors Day each November. 2. Meet with LGAT and the new Child Safe Regulator (once appointed) to discuss the community leadership role of local government in CSA Prevention. 3. Investigate where other Councils have assumed a CSA Prevention role and make recommendations as to how Hobart City Council can show further leadership. 4. Advice as to how Hobart City Council can serve as an exemplar for local respondent entities to the Child and Youth Safe Organisations Framework Legislation by: a. Voluntarily self-accrediting annually to the Child and Youth Safe Standards. b. Mandating that all senior Council Staff secure and maintain WWVP clearance. c. Facilitating Councillors/Aldermen to maintain their WWVP clearance as necessary to discharge their committee and representative responsibilities. d. Including CSA prevention awareness as part of the induction for existing and new Councillors/Aldermen.
|
||||||||||||||||||||||||
|
Amendment
COATS
That the report also consider elected members undertaking drug and alcohol testing in accordance with staff policies.
|
||||||||||||||||||||||||
|
AMENDMENT LOST VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
1. A report be provided that examines the establishment of a policy supporting elected members of the Hobart City Council each personally undergoing a current police history check and applying for and holding a Working With Vulnerable People Card for the duration of their term in office.
2. The following updated rationale be noted: To show local community leadership and responsiveness to the revelations of widespread historic and contemporary child sexual abuse in Tasmania, as evidenced in the recent COI* hearings, it is moved that Council seeks a report to that explores: 1. The possibility of facilitating community initiatives on National CSA Survivors Day each November.
2. Meet with LGAT and the new Child Safe Regulator (once appointed) to discuss the community leadership role of local government in CSA Prevention.
3. Investigate where other Councils have assumed a CSA Prevention role and make recommendations as to how Hobart City Council can show further leadership.
4. Advice as to how Hobart City Council can serve as an exemplar for local respondent entities to the Child and Youth Safe Organisations Framework Legislation by:
e. Voluntarily self-accrediting annually to the Child and Youth Safe Standards. f. Mandating that all senior Council Staff secure and maintain WWVP clearance. g. Facilitating Councillors/Aldermen to maintain their WWVP clearance as necessary to discharge their committee and representative responsibilities. h. Including CSA prevention awareness as part of the induction for existing and new Councillors/Aldermen.
|
Item 28 was then taken.
File Ref: F23/122689 |
|||||||||||||||||||||||||
|
Motion “That
1. The Council joins the Federal Government in condemning the abhorrent acts committed by Hamas, specifically the intentional and widespread killing and abduction of innocent Israeli civilians, including vulnerable individuals such as older persons and children;
2. The Council Condemns Israel’s indiscriminate and disproportionate military attacks against the Palestinian people of Gaza, comprising over 2.3 million people, nearly half of whom are children;
3. The Council affirms its commitment to fundamental human rights principles and international conventions that condemn hostage-taking and emphatically calls for the immediate and unconditional release of the Israeli hostages by Hamas.
AND
4. The Lord Mayor write to the Prime Minister, Hon. Anthony Albanese, to call on the Australian Government to uphold international law by:
a. Seeking to leverage its influence to broker a ceasefire in Gaza and the West Bank, and urgently working towards ensuring the sufficient delivery of humanitarian aid, including food, fuel, and medicine to Gaza. Additionally, advocating for the unconditional restoration of water and electricity;
b. Acknowledging concerns regarding the disproportionate use of force by the Israeli Government against Palestine. It urges the Australian Prime Minister to use diplomatic channels to encourage both parties to prioritize a ceasefire, fostering an environment conducive to dialogue and peaceful coexistence;
c. Urging for a ceasefire, we contribute to the global effort to prevent further loss of life and promote a diplomatic resolution to the longstanding conflict.”
Rationale:
“ A number of our community members have spoken to us to bring a ceasefire motion to council and also condemn, both, Hamas and Israel regarding the current war.
We believe that under the provisions of section 28 of the Local Government Act we are entitled to bring this motion to council for consideration and debate.
SECTION 28: FUNCTIONS OF COUNCILLORS
1. A councillor, in the capacity of an individual councillor, has the following functions:
a. to represent the community;
b. to act in the best interests of the community;
c. to facilitate communication by the council with the community;
d. to participate in the activities of the council;
e. to undertake duties and responsibilities as authorised by the council
It can be argued that under (1)(a) we as an elected member/s can represent the community in such matters. Advocating for a ceasefire between Israel and Palestine could be strengthened by our representation of the community. Engaging in community dialogue and actively participating in council activities align with addressing concerns expressed by community members. Nonetheless, it's imperative to verify that any actions taken adhere to the authority outlined in the Local Government Act.
The question is: Whether advocating for a ceasefire motion between Israel and Palestine aligns with our functions as a councillor. Facilitating communication with the community and addressing concerns brought to us, in our capacity as a councillor/s, we believe it is sustainable to support our involvement.
Furthermore, a community typically refers to a group of people who share common characteristics, interests, or living arrangements within a specific geographic area. It can encompass various social, cultural, economic, or demographic elements that bind individuals together. Communities can range from local neighbourhoods and towns to larger groups with shared affiliations or identities. The concept of a community is broad and can be defined based on factors such as geography, culture, shared goals, or mutual interests and concerns. It is our opinion that we are representing our "community" in this crucial matter as advocates, as leaders of the city of Hobart, to urge the Federal Government to consider this motion seriously.
ESCALATING HUMANITARIAN DISASTER IN PALESTINE
The situation in Palestine is deeply concerning, with over 11,000 people killed, close to 5000 have been under the age of 18, thousands of casualties and widespread deprivation of basic necessities like food, water, medicine, medical treatment, and electricity. The plight of innocent women, children, and men highlights the urgent need for humanitarian assistance and a sustainable resolution to the conflict is required urgently.
There are additional reasons as to why a ceasefire is called for:
Displacement: There are thousands of Palestinians who have been displaced from their homes, leading to a significant refugee crisis;
Infrastructure Damage: Ongoing conflicts have resulted in extensive damage to infrastructure, hindering access to essential services;
Educational Impact: The conflict has disrupted education, limiting opportunities for children and young people;
Psychosocial Impact: Prolonged exposure to violence and insecurity has had severe psychological effects on the population, especially children and women;
Humanitarian Aid: The importance of international humanitarian aid to alleviate suffering and support the affected population have been restricted. Challenges faced by humanitarian organizations in delivering aid and conducting assistance have been hampered;
Long-Term Stability: That a ceasefire is a crucial step toward creating an environment conducive to diplomatic negotiations. Ending hostilities can pave the way for dialogue and sustainable peace;
Regional Stability: That the conflict has the potential to destabilize the entire region, affecting neighbouring countries and creating a broader security risk;
Human Rights Violations: Documentation of alleged human rights violations during the conflict, such as displacement of civilians, attacks on civilian targets, and the use of tactics that may be considered in violation of international humanitarian law.
CALLS FOR CEASEFIRE
UN Secretary-General António Guterres described Gaza as a “graveyard for children- more children have been killed in this conflict than in all conflicts put together in any single year since 2019 – we can’t stand by and let this continue, however hard it might be to end it."[1]
GENEVA (12 October 2023) UN independent experts unequivocally condemned targeted and deadly violence directed at civilians in Israel and violent and indiscriminate attacks against Palestinian civilians in Gaza and a further tightening of the unlawful blockade, which will have devastating impacts on the whole civilian population. "This amounts to collective punishment,” the UN experts said.[2]
Human Rights Organizations: Amnesty International, Human Rights Watch, and the International Committee of the Red Cross have voiced their opinions and calls to ceasefire.
"Amnesty International is issuing an urgent call for an immediate ceasefire by all parties in the occupied Gaza Strip and Israel to prevent further loss of civilian lives and to ensure access to life-saving aid for people in Gaza amidst an unprecedented humanitarian catastrophe"[3]
"Serious violations of international humanitarian law, including war crimes, by all parties to the conflict continue unabated. In the face of such unprecedented devastation and suffering, humanity must prevail,” said Agnès Callamard Amnesty International’s Secretary General.[4]
Visiting the White House two weeks ago, Indonesian President Joko Widodo said, a “ceasefire is a must for the sake of humanity.”[5]
France President, Emmanuel Macron, stated that " ceasefire is only solution for Israel".[6]
Jewish peace activists and their allies demanding US support for an Israel ceasefire in Chicago. Anthony Vazquez/Chicago Sun-Times/AP[7]
Eglantyne Jebb, who founded Save the Children over 100 years ago, said “humanity owes the child the best it has to give.
“We run humanitarian response operations in some of the toughest places in the world, and we know it’s not possible to do that effectively in four hours – or even four weeks – let alone in Gaza which is the deadliest place in the world to be an aid worker, with over 100 tragically killed to date. This is why we’re calling for a ceasefire, it’s not because we’re naïve but because we’re experts"[8]
More than 1000 Australian legal practitioners and legal academics in Australia have written to Hon. Anthony Albanese, Prime Minister, urging him to influence other international leaders to secure a ceasefire immediately. [9]
Advocating for a ceasefire in the Palestinian conflict by urging the Australian government aligns with the tenets of international law, encompassing United Nations resolutions and humanitarian conventions.
These are valid reasons to support a case for immediate ceasefire in the Israeli-Palestinian conflict.
[4] https://www.amnesty.org/en/petition/demand-a-ceasefire-by-all-parties-to-end-civilian-suffering/
[8] https://www.savethechildren.org.uk/blogs/2023/no-solution-other-than-a-ceasefire
[9] https://lawyersletter.au/ ”
|
||||||||||||||||||||||||
|
Harvey That the motion be adopted. |
||||||||||||||||||||||||
|
Bloomfield
That Councillor Dutta be granted an additional three minutes to address the meeting.
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||
|
Procedural Motion
Bloomfield That the motion be now put.
|
||||||||||||||||||||||||
|
PROCEDURAL MOTION LOST VOTING RECORD
|
||||||||||||||||||||||||
|
Dutta
That Alderman Zucco be granted an additional three minutes to address the meeting. MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||
|
Amendment
Coats That clause 2 of the motion be deleted. AMENDMENT LOST VOTING RECORD
|
||||||||||||||||||||||||
|
Dutta
That Councillor Sherlock be granted an additional one minute to address the meeting.
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
1. The Council joins the Federal Government in condemning the abhorrent acts committed by Hamas, specifically the intentional and widespread killing and abduction of innocent Israeli civilians, including vulnerable individuals such as older persons and children;
2. The Council Condemns Israel’s indiscriminate and disproportionate military attacks against the Palestinian people of Gaza, comprising over 2.3 million people, nearly half of whom are children;
3. The Council affirms its commitment to fundamental human rights principles and international conventions that condemn hostage-taking and emphatically calls for the immediate and unconditional release of the Israeli hostages by Hamas.
4. The Lord Mayor write to the Prime Minister, Hon. Anthony Albanese, to call on the Australian Government to uphold international law by:
a. Seeking to leverage its influence to broker a ceasefire in Gaza and the West Bank, and urgently working towards ensuring the sufficient delivery of humanitarian aid, including food, fuel, and medicine to Gaza. Additionally, advocating for the unconditional restoration of water and electricity;
b. Acknowledging concerns regarding the disproportionate use of force by the Israeli Government against Palestine. It urges the Australian Prime Minister to use diplomatic channels to encourage both parties to prioritize a ceasefire, fostering an environment conducive to dialogue and peaceful coexistence; and
c. Urging for a ceasefire, we contribute to the global effort to prevent further loss of life and promote a diplomatic resolution to the longstanding conflict.
|
|
Sherlock
That item 12 be taken next. MOTION CARRIED VOTING RECORD
|
Item 12 was then taken.
28. RESPONSES TO QUESTIONS WITHOUT NOTICE File Ref: F23/123378 |
|||||||||||||||||||||||||
|
The Council is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.
28.1 Cost of Crowther Statue Project Memorandum of the Acting Chief Executive Officer 14 November 2023. 28.2 Cost of Crowther Statue Removal Memorandum of the Acting Chief Executive Officer 22 November 2023. 28.3 Shift in Short Stay Visitor Accommodation Memorandum of the Director City Enablers 13 November 2023. Recommendation: That the information be received and noted.
Burnet
That the recommendation contained within the officer report, marked as item 28 of the Open Council Agenda of 27 November 2023, be adopted. |
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
File Ref: F23/123381 |
|
|
|
Question |
With regards to the Sandy Bay/Mt Nelson neighbourhood plan discussion paper, I am interested in clarifying the source of the figure in that discussion paper regarding the need to house 7,850 new residents in those two suburbs by 2042, a figure that is apparently based on population growth projections in the Greater Hobart Plan.
The greater Hobart Plan actually gives specific predictions for expected urban growth around greater Hobart, and those predictions show growth in the Sandy Bay area of around 2500 new residents.
Given the lack of clarity around the calculation for this 7,850 figure in the discussion paper, I am seeking information about the source of the predicted 7,850 new residents, and also the workings used to derive that figure from the wider population predictions in the Greater Hobart Plan, and possibly also STRLUS?
|
Response: |
The Acting Chief Executive Officer took the question on notice. |
Question: |
At our last Planning Meeting, a councillor asked about the removal of signs related to a community campaign about UTAS, a campaign that the councillor coincidentally does not agree with. Now I also support the anti-cable car movement, so can I clarify whether residents with anti-cable car signs will also be caught up in this push to remove community signage from the properties of concerned residents?
|
Response: |
The Acting Chief Executive Officer took the question on notice. |
Question: |
Earlier this month it was announced that Launceston City Council has introduced 38 parking bays for e-scooters around the Launceston CBD, and has now barred e-scooters from parking on footpaths in the CBD apart form these designated parking bays.
I have two questions about this issue: - Given that the use of mandatory parking bays is clearly possible, is Hobart looking to adopt a similar parking system to help remove obstructive e-scooters from footpaths in the Hobart CBD? - The trial of e-scooters in Hobart ended in December last year, and this Council empowered our staff in February this year to negotiate a contract with a single provider. When will these new contact arrangements be decided and announced? |
Response: |
The Acting Chief Executive Officer advised that, to her understanding, the City is in the final stages of tender evaluation for an e-scooter operation. |
Question: |
Given the information now coming to light about the extreme weight of trackless trams and other large battery-powered transit vehicles, and the associated damage they are causing to roadways due to their weight, do we have any information about weight tolerances for heavy vehicles on our road network in Hobart, especially those roads used by current bus services? |
Response: |
The Acting Chief Executive Officer took the question on notice. |
Question: |
I have noticed the outside lanes on several feeder roads in Hobart, especially Argyle Street, are regularly somewhat obstructed by extremely large parked residential vehicles that are too wide for conventional parking spaces along the side of the road and, as a result, end up partially obstructing the nearest lane of traffic on the roadway. This problem is exacerbated when the vehicle being obstructed is also an extra-large vehicle. I have now witnessed several issues caused by moving traffic suddenly veering into adjoining lanes on these roads, to avoid obstructively parked vehicle(s). Most parking infringements for exceeding the parking space in Hobart are issued to vehicles that exceed the length of the parking space (and often alienate a second parking space as a result). But are Council parking officers able to issue infringements for vehicles that are exceeding the width of the carparking space? And are they checking specifically the issue when inspecting the parking of extra-large vehicles? |
Response: |
The Acting Chief Executive Officer took the question on notice. |
Question: |
We have previously been advised that the Crowther statue is a ‘common statue’. Can the Acting Chief Executive Officer advise I how many statues in Tasmania are like the Crowther so I can assess and understand what is defined as common. |
Response: |
The Acting Chief Executive Officer took the question on notice. |
That the Council resolve by absolute majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· commercial information likely to confer an advantage if disclosed on a person with whom the council is conducting business; · commercial information of a confidential nature that, if disclosed, is likely to prejudice the commercial position of the person who supplied it · contracts and their terms, conditions, approval and renewal; · the security of the council, councillors and council staff; and the property of the council; · proposals for the council to disposal of land; · information of a personal and confidential nature or information provided to the council on the condition it is kept confidential; · leave of absence; · matters relating to litigation involving the council;
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Council Meeting Item No. 2 Communication from the Chairman Item No. 3 Leave of Absence Item No. 4 Consideration of supplementary Items to the agenda Item No. 5 Indications of pecuniary and conflicts of interest Item No. 6 Risk and Audit Panel - Strategic Asset Management Plan LG(MP)R 15(2)(f) Item No. 7 2023-24 Supplementary Rates - Variation Objections LG(MP)R 15(2)(g) and (j) Item No. 8 Events Sponsorship 2023/2024 LG(MP)R 15(2)(b) Item No. 9 Request to fly Palestinian Flag at Town Hall LG(MP)R 15(2)e(i) and e(ii) Item No. 10 2 Faraday Street, West Hobart - Potential Disposal LG(MP)R 15(2)(f) Item No. 11 5 Morrison Street, Hobart - Lease Negotiations LG(MP)R 15(2)(c)(i), (d) and (i) Item No. 12 Part of 57-63 Macquarie Street, Hobart - Expression of Interest LG(MP)R 15(2)(d) and (f) Item No. 13 RESPONSES TO QUESTIONS WITHOUT NOTICE LG(MP)R 15(2)(d) Item No. 14 QUESTIONS WITHOUT NOTICE LG(MP)R 15(2)(b)
Sherlock That the recommendation be adopted. |
||||||||||||||||||||||||
MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
|
The Chairman adjourned the meeting at 7.47pm for a dinner break.
The meeting was reconvened at 8.10pm.
Item 14 was then taken.
There being no further business the Open portion of the meeting closed at 9.49pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
11th DAY OF December 2023.
CHAIRMAN