MINUTES
Open Portion
Monday, 19 August 2024
AT 5.00 pm
Council Chamber, Town Hall
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Minutes (Open Portion) Council Meeting |
Page 1 |
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19/8/2024 |
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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. Waste Management - Strategic Review
11. Street-Side Dining Project - Evaluation and Next Steps
12. School Access Travel Plans
14. Procurement - Quotation Exemption Report
15. Local Government Association of Tasmania - Motions for September General Meeting
16. RESPONSES TO QUESTIONS WITHOUT NOTICE
18. Business Arising - Questions Taken on Notice During Debate
19. Closed Portion of the Meeting
20. Proposed Conciliation Terms - Equal Opportunity Tasmania (EOT) - Mr J Elliot
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Minutes (Open Portion) Council Meeting |
Page 1 |
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19/08/2024 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, Alderman M Zucco, Councillors W F Harvey, J L Kelly, L Elliot, Alderman L Bloomfield, Councillors R J Posselt, B Lohberger and G Kitsos.
APOLOGIES:
Councillor M S C Dutta.
LEAVE OF ABSENCE:
Deputy Lord Mayor Sherlock.
Councillor W S N Coats.
Councillor Elliot retired from the meeting at 5.05pm and was not present for items 10 to 12 and 14 to 19 inclusive.
The Lord Mayor provided an acknowledgment 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, 22 July 2024, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
LOHBERGER KITSOS That the recommendation be adopted.
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MOTION CARRIED VOTING RECORD
The minutes were signed.
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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?
ELLIOT
POSSELT
That item 13 be taken after item 9.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Lord Mayor Reynolds |
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Zucco |
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Harvey |
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Kelly |
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Elliot |
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Bloomfield |
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Posselt |
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Lohberger |
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Kitsos |
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No communication was received.
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that following workshops have been conducted since the last ordinary meeting of the Council.
Date: 29 July 2024
Purpose: Elizabeth Street Vision plan | Urban Design guidelines | Battery Point walkway | Governance Structure
Attendance:
The Deputy Lord Mayor Councillor Z Sherlock, Alderman M Zucco, Councillors B Harvey, M Dutta, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, B Lohberger, W Coats, and G Kitsos.
Apologies:
The Lord Mayor Councillor A Reynolds
Date: 12 August 2024
Purpose: Pedestrian Scramble Phase Trial - Peer Review | Review of Strategies and Plans | Model Code of Conduct Changes | Conciliation Briefing
Attendance:
The Lord Mayor Councillor A Reynolds, Alderman M Zucco, Councillors B Harvey, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, and G Kitsos.
Apologies:
The Deputy Lord Mayor Councillor Dr Z Sherlock, Councillor M Dutta.
Leave
of Absence:
Councillor W Coats.
“In accordance with the procedures approved in respect to Public Questions Time, the following responses to questions taken on notice are provided to the Council for information.
The Council is reminded that in accordance with Regulation 31(4) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.”
POSSELT
LOHBERGER
That the following responses to public questions taken on notice, be received:
6.2.1 Mr Mervin Reed - Works Depot - Giblin Street
File Ref: F24/71515
Report of the Manager City Infrastructure of 19 August 2024.
6.2.2 Mr Chris Merridew - Crowther Statue
File Ref: F24/75120; 16/119-001
Report of the Chief Executive Officer of 19 August 2024.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Lord Mayor Reynolds |
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Zucco |
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Harvey |
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Kelly |
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Elliot |
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Bloomfield |
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Posselt |
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Lohberger |
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Kitsos |
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No petitions were received.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Council 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 13 was then taken.
11. Street-Side Dining Project - Evaluation and Next Steps File Ref: F24/64071 |
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HARVEY KITSOS
That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 19 August 2024, be adopted.
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HARVEY POSSELT
That Alderman Bloomfield be granted an extra two minutes to address the item.
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MOTION CARRIED VOTING RECORD
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AMENDMENT POSSELT BLOOMFIELD
That clause 1 be amended to exclude Simple Cider (189 Elizabeth Street) and Pilgrim Coffee (54 Liverpool Street), to be included in a new clause 6 to read as follows:
“6. Officers to seek further data acquisition on the Simple Cider (189 Elizabeth Street) and Pilgrim Coffee (54 Liverpool Street) installations and report back to the Council.”
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AMENDMENT LOST VOTING RECORD
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. Subject to confirmed trader commitment to participate and fully utilise and activate the spaces, all three current Street-Side Dining installations: Simple Cider (189 Elizabeth Street), Straight Up Coffee + Food (202a Liverpool Street) and Pilgrim Coffee (54 Liverpool Street) be reinstalled using precast concrete kerb, and hotmix infill as used in the widened footpaths in Midtown Elizabeth Street, with these remaining in place for an extended period, initially five years. 3. Each participating business be charged for the full cost of installation per site of $10,000, payable in yearly instalments of $2,000, an annual planter box hire and maintenance fee of $800, plus the applicable outdoor dining fee, all figures being exclusive of GST. 4. The cost of removing the current installations (estimated to be $15,000) and an allocation for the occasional maintenance of the extended footpaths ($3,000), be met by the City of Hobart. 5. A further report be presented to the Council with a view to establish an ongoing Street-Side Dining Program, supported by Policy and Guidelines including for those traders and others that may want to establish extended on-street dining or activity spaces of their own.
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12. School Access Travel Plans File Ref: F24/62095; 17/116 |
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LOHBERGER POSSELT
That the recommendation contained within the officer report, marked as item 12 of the Open Council Agenda of 19 August 2024, be adopted.
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The Lord Mayor vacated the Chair in order to second the amendment.
Alderman Zucco assumed the Chair for the discussion on the amendment.
AMENDMENT KITSOS REYNOLDS
That clause 2 be amended by the deletion of the word “considered” to be replaced by the word “implemented” and;
A new clause 4 be included to read as follows:
“4. Further work be undertaken to investigate formalised crossings at strategic locations in School Active Travel Plans.”
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AMENDMENT CARRIED VOTING RECORD
The Lord Mayor resumed the Chair.
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council endorse the School Active Travel Plans marked as attachments A, B and C to item 12 of the Open Council Agenda of 19 August 2024 for: (i) Goulburn Street Primary School; (ii) New Town Primary School; and (iii) South Hobart Primary School 2. The Council notes that projects and programs identified in these plans will be progressively implemented through the annual budget process. 3. The Council note that the program will continue with other schools within the Hobart Local Government Area as funding becomes available. 4. Further work be undertaken to investigate formalised crossings at strategic locations in School Active Travel Plans.
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Item 14 was then taken.
13. 2024-25 New Fees And Charges For Information Requests and New Information Disclosure Policy and Procedures File Ref: F24/71890; 22/16 |
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HARVEY POSSELT
That the recommendation contained within the officer report, marked as item 13 of the Open Council Agenda of 19 August 2024, be adopted.
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PROCEDURAL MOTION ELLIOT BLOOMFIELD
That the item be deferred to a workshop before being further considered by the Council.
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PROCEDURAL MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the item be deferred to a workshop before being further considered by the Council.
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Item 10 was then taken.
14. Procurement - Quotation Exemption Report File Ref: F24/66643 |
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HARVEY LOHBERGER
That the recommendation contained within the officer report, marked as item 14 of the Open Council Agenda of 19 August 2024, be adopted.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the Council note the exemptions granted from the requirement to seek three written quotations for the period 1 April to 30 June 2024, marked as Attachment A to item 14 of the Open Council Agenda of 19 August 2024.
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15. Local Government Association of Tasmania - File Ref: F24/74283 |
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HARVEY LOHBERGER
That the recommendation contained within the officer report, marked as item 15 of the Open Council Agenda of 19 August 2024, be adopted.
The meeting agreed to vote on each clause separately.
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The Lord Mayor put clause (i) of the motion. |
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MOTION CARRIED Clause (i) VOTING RECORD
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The Lord Mayor put clause (ii) of the motion. |
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MOTION CARRIED Clause (ii) VOTING RECORD
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The Lord Mayor put clause (iii) of the motion. |
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MOTION CARRIED Clause (iii) VOTING RECORD
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The Lord Mayor put clause (iv) of the motion. |
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MOTION CARRIED Clause (iv) VOTING RECORD
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The Lord Mayor put clause (v) of the motion. |
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MOTION CARRIED Clause (v) VOTING RECORD
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COUNCIL RESOLUTION: |
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That the Council resolve to instruct its delegates to: (i) vote in favour of the motion on Psychosocial Safety tabled by Burnie City Council contained in Attachment B at 2.1 of the Open Council Agenda of 19 August 2024: (ii) vote in favour of the motion on Working with Vulnerable People Cards tabled by the Devonport City Council contained in Attachment B at 2.2 of the Open Council Agenda of 19 August 2024. (iii) vote in favour of the motion on Councillor Allowances tabled by George Town Council contained in Attachment B at 2.3 of the Open Council Agenda of 19 August 2024. (iv) vote against the motion on the Substantial Commencement of Work tabled by Circular Head Council contained in Attachment B at 2.4 of the Open Council Agenda of 19 August 2024 (v) vote in favour of the motion on the Wild and Nuisance Pigs tabled by Central Coast Council contained in Attachment B at 2.5 of the Open Council Agenda of 19 August 2024.
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16. RESPONSES TO QUESTIONS WITHOUT NOTICE File Ref: F24/72359 |
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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.
BLOOMFIELD
That the recommendation contained within the officer report, marked as item 16 of the Open Council Agenda of 19 August 2024, be adopted.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the following responses to questions without notice be received and noted:
16.1 Aboriginal Commitment Action Plan Memorandum of the Acting Director Connected City 2 August 2024.
16.2 Social Media – Graphic Design Memorandum of the Acting Head of Intergovernmental Relations and Partnerships 1 August 2024. 16.3 Milk Supplies Memorandum of the Director City Enablers 31 July 2024. 16.4 Neighbourhood Plans - Costs Memorandum of the Director City Futures 2 August 2024. 16.5 Summary of Contractors for Business Management Memorandum of the Director City Enablers 31 July 2024. 16.6 Discrimination Cases Memorandum of the Manager Legal and Corporate Governance 30 July 2024.
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File Ref: F24/67207 |
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Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015. File Ref: 13-1-10 No questions were asked at the meeting.
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18. Business Arising - Questions Taken on Notice During Debate File Ref: F24/74436 |
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HARVEY BLOOMFIELD
That the recommendation contained within the officer report, marked as item 18 of the Open Council Agenda of 19 August 2024, be adopted.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the register of questions arising during debate, marked as Attachment A, to item 18 of the Open Council Agenda of 19 August 2024 be received and noted.
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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:
· personal hardship of a ratepayer in the municipal area · information of a confidential nature provided that it remain confidential · matters relating to possible 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 2024-25 Rates - Variation Objections LG(MP)R 15(2)(g) and (j) Item No. 7 Part of 10 Old Proctors Road, Tolmans Hill - Resolution of Lease Issues LG(MP)R 15(2)(i) Item No. 8 Proposed Conciliation Terms – Equal Opportunity Tasmania (EOT) – Mr J Elliot LG(MP)R 15(2)(i) Item No. 9 RESPONSES TO QUESTIONS WITHOUT NOTICE LG(MP)R 15(2)(a) and (i) Item No. 10 QUESTIONS WITHOUT NOTICE LG(MP)R 15(2)(g)
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SHERLOCK DUTTA That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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Item 20, (listed as item 8 of the Closed Agenda of 19 August 2024) has been recorded in the Open portion of the meeting in accordance with clause 2 of the Closed Council resolution.
20. Proposed Conciliation Terms - Equal Opportunity Tasmania (EOT) - Mr J Elliot File Ref: F24/75193 |
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COUNCIL RESOLUTION:
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2. The apology (as shown below) be placed into the Open minutes of the 19 August 2024 Council meeting as provided for under Regulation 15(8) Local Government (Meeting Procedures) Regulations 2015.
“I write to formally apologise in relation to your previous application to become a member of our Economic Portfolio Committee and the need to make associated complaint to Equal Opportunity Tasmania (EOT) which progressed to the Tasmanian Civil & Administrative Tribunal (TASCAT).
Agreed outcomes through conciliation process with TASCAT included that Council would appoint you to the Economic Portfolio Committee that you were originally recommended for and provide you with a public apology. This letter will also appear on our meeting agenda of 19 August 2024.
I can confirm that officers are in the process of appointing you to the Committee and will contact you directly. Council is also in the process of amending the relevant terms of reference (an agreed outcome of the TASCAT process).
We commit to improving our knowledge, policies, and practices to avoid similar situations in the future, which will include training for our councillors and staff of the relevant policies and Acts that we must comply with (also an agreed outcome of the TASCAT process.
We view this matter as a serious issue and commit to learning from this situation. In hindsight, Council should have sought a deeper understanding of these issues before calling for expressions of interest from members of the community. Thank you for raising this important matter.”
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There being no further business the Open portion of the meeting closed at 6.14pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
16th DAY OF SEPTEMBER 2024.
CHAIRperson