Minutes (Open Portion)

Council Meeting

Page 2

7/6/2021

Minutes (Open Portion)

Council Meeting

Page 26

7/06/2021

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 24 May 2021, 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

The minutes were signed.

On Friday 28 May 2021, in an official call, the Deputy Lord Mayor, Councillor Helen Burnet received the Chinese Consul General, Mr LONG Zhou.

There was an exchange of gifts and the City of Hobart was presented with a decorative Chinese imitation of an ancient small screen. The Consul General was presented with a coffee table book titled ‘The Mountain’.

The Lord Mayor advised the meeting that on Tuesday 3 June 2021 Council Officers were presented with an award of Excellence in the Local Government Professionals Australia (Tasmania) Community and Service Category for the Hello Hobart Passport to Hobart program.

As a state winner, there is an automatic entry into the National Awards being held in Canberra later this year.

The Lord Mayor, on behalf of the elected members, congratulated all staff involved in this program.

The Lord Mayor advised the meeting of the State Governments release of an expression of interest process for a Taste style event to be held on the Hobart waterfront over the Christmas/New Year’s period. 

The Lord Mayor thanked the State Government for its commitment towards delivering a 2021-22 event.

9.1      38A Nicholas Drive, 1A Enterprise Road, 24 Gardenia Grove, Sandy Bay, Nicholas Drive (CT 48805/8) and Nicholas Drive (CT 48805/9) Sandy Bay - Shared Use Trail Realignment

Ref:    Open CPC 7.1.2, 31/05/2021

Application Expiry Date: 8 June 2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Shared Use Trail Realignment, at 38A Nicholas Drive, 1A Enterprise Road, 24 Gardenia Grove and Nicholas Drive (CT 48805/8 and CT 48805/9), Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 31 May 2021 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­21­193 ­ 38A NICHOLAS DRIVE SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENV 8

An approved Rockfall Risk Management Plan must be implemented during construction works.

Prior to the commencement of works, a Rockfall Risk Management Plan for construction works within the Landslide Hazard Area must be submitted and approved. The Rockfall Risk Management Plan must be prepared by, or endorsed by, a suitably qualified geotechnical practitioner.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides.

ENV 9

Once works have commenced, public access to the track must not be allowed until after the geotechnical assessment required by condition ENV10 has been completed and all recommendations have been implemented.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides

ENV 10

Following completion of the works, and prior to allowing public access to the site, a suitably qualified geotechnical practitioner must assess the risk of rock fall/rock roll to users of the track within the Landslide Hazard Area.  If the assessment determines that risk would be unacceptable without risk treatments being applied, all recommended risk treatment measures must be implemented so that the resultant risk is tolerable, prior to allowing public access to the track.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides.

ENV 11

Clearing of native vegetation and soil disturbance must not exceed a 2m wide strip along the track route, except where associated with an approved borrow pit or where the vegetation has been assessed as an unacceptable safety risk for users of the track by a suitably qualified person using an accepted best­ practice assessment methodology (e.g. QTRA, VALID).

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values

ENV 12

Trees with a diameter at breast height (DBH) of greater than 20cm must not be removed, except where a tree has been assessed as an unacceptable safety risk for users of the track by a suitably qualified person using an accepted best­practice assessment methodology (e.g. QTRA, VALID).

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values

ENV 14

No works may occur within 2m of the trunks of the six mature trees shown on ‘Map 1 – Sly Grog Track Reroute’, except where a tree has been assessed as an unacceptable safety risk for users of the track by a suitably qualified person using an accepted best­practice assessment methodology (e.g. QTRA, VALID).

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values

ENV 15

The location, design and rehabilitation of any borrow pits, must be approved by the planning authority prior to any borrow pits being constructed.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 16

An approved weed management plan (WMP) must be implemented.

Prior to the commencement of works, a weed management plan prepared by a suitably qualified person must be submitted and approved as a Condition Endorsement. The WMP must:

·        address the area within 40m of the track on titles 48805/7, 48805/8, 48805/9 and 137356/1;

·        identify and map the declared and environmental weeds in the area;

·        set out an environmentally­appropriate methodology and program for eradicating, or minimising, the identified weeds (including appropriate disposal);

·        include clear and detailed actions, the area to be targeted, the timing of each action and the persons/parties responsible for undertaking all actions; and

·        include prescriptions to minimise impacts on native vegetation and minimise soil disturbance.

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values

ENV 1

An approved Construction Environmental management Plan (CEMP) must be implemented.

Prior to the commencement of works, a CEMP must be submitted and approved as a Condition Endorsement. The CEMP must:

·        detail the proposed construction methodology (particularly where works may have environmental impacts);

·        identify all potential environmental impacts associated with the works including (as relevant) noise, odours, air pollution, water pollution, land contamination, erosion, land instability, changes to hydrology, habitat degradation and impacts upon flora and fauna; and

·        include measures to adequately avoid or mitigate all identified environmental risks.

To be approved, the CEMP must:

·        specify that works will progress from the north­western end of the track to the south­eastern end of the track;

·        include measures to ensure that no works will occur within 2m of the six mature trees shown on ‘Map 1 – Sly Grog Track Reroute’;

·        include soil and water management measures;

·        specify that soils will not be imported onto the site, unless approved by the planning authority;

·        include weed and pathogen hygiene measures; and

·        specify that if evidence of raptor nesting, swift parrot nesting or marsupial denning is observed, work must stop immediately, and appropriate management measures, approved by the planning authority, must be implemented.

Advice:

This condition requires further information to be submitted as a Condition

Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To minimise the potential for environmental impacts from the construction works

HER s1

The name of the track 'Sly Grog Track' is not approved. An alternative name for the proposed shared use track is required that reflects and responds to the history of the site as set out in the Historic Heritage Assessment Final report (Gondwana Heritage Solutions, February 2021).

Reason for condition

To ensure the heritage and historical significance of the place are accurately reflected in the naming of the track.

HER s2

All recommendations outlined in the 'Proposed Sly Grog Track Reroute, Historic Heritage Assessment Final Report' by Gondwana Heritage Solutions, February 2021, Section 8, pp 57­59 must be implemented.

Reasons for condition

To ensure identified heritage values are recognised and protected.

ADVICE

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

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

CONDITION ENDORSEMENT

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning portal. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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

ENVIRONMENTAL MANAGEMENT AND COMMUNICATIONS PLAN

Rerouting of the Sly Grog Track must be done in a manner that avoids impact to the mature eucalypts and minimises other environmental impact, is safe for the construction crew and the reserve­visiting public and minimises inconvenience for the public.

A Public Spaces By­law permit will be required for the trackworks. You can apply for the permit here.

As part of the by­law permit, an Environmental Management and Communications Plan will be required, prepared by the contractor to the satisfaction of the Director City Amenity.

A template for an Environmental Management and Communications Plan can be provided by the Open Space Planning Team, call 03 6238 2488. This plan must be made specific for the works that will occur within Bicentennial Park and must incorporate the recommendations from the values assessment reports prepared for the reroute planning.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      607 - 627 Nelson Road, Mount Nelson - Subdivision (9 Additional Lots, Road, Lot, Public Open Space Lot
and Balance) - ETA-21-27

Ref:    Open CPC 7.1.3, 31/05/2021

Burnet

Harvey                                                                                                                       

That the recommendation contained in the officers report marked as item 7.1.4 of the Open City Planning Committee Agenda of  31 May 2021 be adopted.

 MOTION LOST

VOTING RECORD

Behrakis

thomas                                                                                                                       

That the Council grant an extension of time in which to substantially commence planning permit PLN-14-01177-01.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council grant an extension of time in which to substantially commence planning permit PLN-14-01177-01.

10.      Draft Southern Tasmanian Regional Cat Management Strategy

Ref:    Open CPC 8.1, 31/05/2021

That:   1.    The Council endorse the Southern Tasmania Regional Cat Management Strategy 2021-2026 noting that endorsement is provided on the basis that:

(i)      The Strategy does not bind the City of Hobart to particular actions; and

(ii)     Implementation of the actions not already delivered by the City of Hobart will only be undertaken when resource levels are increased through financial assistance or other forms of support from the State Government or through on-going and recurrent revenue streams introduced under the Cat Management Act 2009. 

2.    An invitation be extended to the Executive Officer of Ten Lives Cat Centre, to present to Elected Members in relation to cat management within the City of Hobart.

Burnet

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      2021-22 Fees and Charges - City Planning - Animal Management

Ref:    Special Open CPC 4.1, 7/06/2021

That the Council approve a new fee for pensioners with non-desexed dogs paid after 31 July 2021 of $75.00 for the 2021-22 financial year. 

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Taste of Tasmania

Motion:

“1.   That the Council seek an urgent meeting with the Premier & or the Events Minister to discuss options for a Taste or similar event for 2021-22 in particular and not limited to a joint partnership to deliver an event in conjunction with Stallholders & other Stakeholders.

a)    That a small delegation consisting of the Lord Mayor, Alderman Zucco and one other elected member meet with the Premier & or the Events Minister as a matter of urgency.

2.    That the Council consider provide in providing in-kind assistance, advice and or staffing to assist in the delivery of any event (should one proceed) and costed accordingly.

3.    Should the Government agree to a collective approach to deliver an event in 2021-22; a further report be prepared as per possible funding assistance above any in-kind assistance.

4.    That should an appropriate alternative approach to deliver a 2021-22 Taste or similar event be forthcoming the CEO be delegated to negotiate with Stallholders and Stakeholders and report to Council with options and or funding requirements.

5.    Should an alternative approach to deliver an event proceed; and that as part of an alternative approach being either an Authority or Committee. The CEO is delegated to nominate to partake on any such group or a nominee as directed by the CEO on the basis that no elected members form part of any such group.”

Rationale:

“The Taste has been an Iconic event across the waterfront for years and it plays an important role during the Sydney to Hobart yacht race during the busiest Tourist time of the year.

It is widely known the economic benefits that the Taste has provided Southern Tasmania and the State. It is also understandable that the HCC cannot continue to be the sole funding provider for the event and that alternative models must be considered.

I firmly believe that the Council decision of May 10^th was the incorrect process to alleviate the ratepayers of Hobart from being the sole funding source for the Taste and other process should have been explored to proceed forward for a potential new funding model or partnership for an event to occur in 2021-22 and beyond.

The Council resolved that

1.     The Council resolve that it no longer needs to own nor deliver the Taste of Tasmania

2.     The CEO develop a transition plan to divest the City of the Exclusive ownership and delivery of the Taste of Tasmania.

3.     A further report be provided to the Council with a transition plan outcome and proposal for the future of the Taste of Tasmania by the end of the 2021/2022 financial year.

4.     A further report be provided to Council on the proposal for a 2021-22 waterfront summer season activation program that includes Christmas & New Year programming.

5.     The new State Government be requested to honour the commitment of the previous Government to support the consideration of further options around the Taste of Tasmania.

The State Government resolved not to pursue an event in 2020-21 and on that basis it’s clear that what occurred in 2021-22 is not relevant this is clarified by memos provided in 2020.

The resolution above does not direct the HCC to formally engage with the Premier or others to deliver a Taste or Similar in 2021/22.

Not pursuing urgent discussions with the Government to me is the HCC demonstrating that as the Capital City the HCC is not considering its role and importance towards the big picture of the State. Hobart is the Capital and must demonstrate leadership in particular in its important role it plays State-wide. The Sydney to Hobart Yacht race is a world renowned yacht race and it places Hobart on the World stage which has far more benefits that are not evaluated in dollar terms.

Notwithstanding that there may be “other” potential stake holders that may consider delivering an event for 2021. For the Council to simply walk away from providing in kind or financial assistance that ensures that an event is held in 2021 would be irresponsible. 

Irrespective of the covid situation the Council has an obligation to either deliver or assist within reason to ensure that the Taste or similar event is delivered for 2021.

Even though the event draws tourists in the covid situation we are all having to endure an event such as the Taste allows the General public an opportunity to enjoy the stresses that covid has delivered all the community in general hence the importance of an event in 2021.

The HCC staff are aware of a timeline required to deliver such an event and time is of essence.

I have personally had discussions with various business people, Stall holders and Stakeholders including “other” events experts and also former Lord Mayor and the original Taste initiator Dr John Freeman who ALL believe that a Taste or similar events based on the original concept should be considered for
2021-22.

Considering the Premier has demonstrated his willingness to see an event is held in 2020-21 and this did proceed it would also be inconsiderate to the Premier should the HCC not seek an urgent meeting to discuss what plans the Premier may put forward for a Taste or Similar event for 2021-22 and on this point alone; it is relevant and important to officially have discussions with the Premier and or Events Minister forthwith.

It is clear end evident that the decision by the HCC on May 10^th does not provide the Council with options to formally pursue or discuss options for the Council to meet with the Premier or “others” on the potential to deliver the Taste or similar in 2021-22 and not enter into any possible “partnerships” and or providing in-kind or other assistance. On that basis it is also imperative and important that the Council proceed to formalise and meetings.”

The Chief Executive Officer reports:

1.     The CEO and Director Community Life have met twice with senior government representatives from the Department of State Growth (that oversees cultural and tourism development). The purpose of these meetings was to implement item 5 of the Council’s resolution from the 10 May 2021 Council meeting and to assist in planning for an interim event for the 2021-22 Christmas / New Year period.

       At these meetings the State Government indicated a willingness to run an expression of interest process to find an events operator to run an interim event for 2021-22 while the Council continues to develop the longer term transition plan for the Taste of Tasmania.

2.     The Director Community Life has continued to meet with key long term Taste stallholders who were consulted in the drafting of the report to Council and are supportive of the development of a transition plan to develop a proposal for the future of the Taste of Tasmania. They agree that taking the time to transition the Taste over an 18 month period would allow the time for a well scoped and considered new Taste style event to be planned with a strong board of governance in place to deliver the event over the 2022-23 Christmas / New Year period and further into the future.

3.     Officers have undertaken some preliminary work on this transition plan.

The plan will include:

-        A focussed engagement with key Taste stallholders and stakeholders run by an experienced consultant.

-        A consultant brief that includes facilitation of stakeholder meetings, development of a governance model for the Taste based on consultation with the hospitality and events sector and a long range financial plan that considers all income and expenditure of the new event including federal, state and local government financial support.

-        Careful consideration of the Taste brand in the process of this transition.

4.     As per item 4 of the Council resolution of 10 May 2021, a draft activation plan will be presented for consideration at a future Council meeting.

Zucco

Behrakis                                                                                                                   

That the following revised motion be adopted and be taken in two parts – clauses 1 to 3 taken as part one and clause 4 taken as part two:

1.     Considering the Department of State Growth has officially advertised expressions of interest (EOI) for a “Taste style” event or similar, the Council consider providing in-kind assistance, as a “one off” for 2021-22, that would assist in the delivery of any event (should one proceed) and it be costed accordingly.

a.     The CEO be delegated to negotiate any possible “one off” in-kind assistance that maybe sought with an urgent report back to Council on the outcomes.

2.     Subject to the EOI outcomes, should the State Government consider an alternative approach to deliver an event in 2021-22, a further report be prepared on any possible funding or any in-kind assistance the Council may provide.

3.     Should an appropriate alternative approach to deliver a 2021-22 “Taste style” event or similar event be forthcoming, the CEO be delegated to negotiate with event stakeholders/stallholders & the State Government in particular, should a long term plan be developed on the longevity of the event, and that the CEO report back to Council with options and/or funding requirements or other requirements.

4.     If an alternative approach to deliver an event proceeds, and as part of an alternative approach being either an authority, private operator or committee, the CEO be delegated to partake on any such group on the basis that the CEO considers it appropriate to do so even in the interim, subject to no elected members partaking in any such group.

Behrakis

Dutta                                                                                                                           

That Alderman Zucco be granted an additional 30 seconds to address the meeting.

MOTION CARRIED

VOTING RECORD

Procedural Motion

Dutta

Ewin                                                                             That the motion be now put.

PROCEDURAL MOTION CARRIED

VOTING RECORD

The Chairperson then put part one (clauses 1 – 3).

MOTION LOST

VOTING RECORD

The Chairperson then put part two (clause 4).

MOTION LOST

VOTING RECORD

Thomas

Briscoe                                                                                                                      

That:   1.      In the event, through the State EOI process, there is a future for a Taste style event or an alternative event in 2021-22 and potentially beyond then, the Council, on a report back to it, will consider either in kind and/or potentially financial support.

2.         The Chief Executive Officer be authorised to act in the matter.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      In the event, through the State EOI process, there is a future for a Taste style event or an alternative event in 2021-22 and potentially beyond then, the Council, on a report back to it, will consider either in kind and/or potentially financial support.

2.         The Chief Executive Officer be authorised to act in the matter.

13.      Busking and Street Performance 6-month trial

Ref:    Open CCEC 6.1, 27/05/2021

That:   1.    The Council approve an expanded Busking and Street Performance Program for the City of Hobart.

2.    Based on the findings of the Busking and Street Performance trial of 1 October 2020 to 30 March 2021, the Chief Executive Officer finalise the terms and conditions for delivery of the expanded program to commence by August 2021.

Sherlock

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      Elected Member Professional Development Plan - Deputy Lord Mayor Cr Burnet

Briscoe

Sherlock     

That the recommendation contained in the report of the Chief Executive Officer marked as item 14 of the Open Council Agenda of 7 June 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Professional Development Plan for Deputy Lord Mayor Cr Burnet, as attached to the Open Council Agenda of 7 June 2021, be received and noted.