Minutes

Open Portion

Monday, 11 July 2022

AT 5:14 pm

Council Chamber, Town Hall

 

This meeting of the Council was conducted in accordance with a Notice issued by the Premier on 31 March 2022 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.

 


 

Minutes (Open Portion)

Council Meeting

Page 2

 

11/7/2022

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 4

2.        Transfer of Agenda Items. 5

3.        Communication from the Chairman. 5

4.        Notification of Council Workshops. 5

5.        Public Question Time. 5

6.        Petitions. 7

7.        Consideration of Supplementary Items. 8

8.        Indications of Pecuniary and Conflicts of Interest. 8

Reports of Committees. 8

City Planning Committee

9.        Council Acting as Planning Authority. 8

9.1     2/816 Sandy Bay Road, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation. 9

9.2     18 Grosvenor Street, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation. 10

10.     Submissions Received Public Notification Period for the Certified Amendment for Short Stay Visitor Accommodation. 11

11.     Response to Notice of Motion - Assessment of Planning Applications with Heritage and Disability Access Issues. 12

City Infrastructure Committee

12.     Response to Petition - Pedestrian Crossing - McRobies Road, South Hobart 13

Community, Culture and Events Committee

13.     Salamanca Market By-Law No.1 of 2022. 14

14.     Speaker's Corner - 6 Month Trial 15

15.     Request for Financial Delegation for Annual Grants ($20,000 and Over) 15

Economic Development & Communications Committee

16.     Business Events Tasmania Annual Funding Submission and MOU. 16

17.     World Cities Summit 17

Special Report – Chief Executive Officer

18.     Response to Notice of Motion - 2022 Election Caretaker Provisions. 17

19.     Closed Portion of the Meeting.. 19

 


 

Minutes (Open Portion)

Council Meeting

Page 19

 

11/07/2022

 

 

PRESENT:

The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Aldermen J Briscoe, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, J Fox and W N S Coats.

 

APOLOGIES:

Alderman M Zucco

 

LEAVE OF ABSENCE:

Alderman Dr P T Sexton

Alderman D C Thomas

Councillor Dr Z E Sherlock

 

 

Alderman Behrakis left the meeting at 5.49pm, returning at 5.50pm.

 

Councillor Fox left the meeting at 6.36pm, returning at 6.38pm.

 

Councillor Dutta left the meeting at 6.40pm, returning at 6.44pm.

 

Deputy Lord Mayor Councillor Burnet left the meeting at 6.56pm, returning at 6.59pm and was not present for item 14.

1.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 27 June 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

Burnet

BEHRAKIS                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

The minutes were signed.

2.       Transfer of Agenda Items

 

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?

 

No items were transferred.

 

3.       Communication from the Chairman

 

No communication was received.

 

4.       Notification of Council Workshops

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:                 5 July 2022
Purpose:          Caretaker Policy

5.       Public Question Time

 

5.1      Public Questions

 

 

 

5.1.1   Mr Nathan Volf - Audio Equipment

 

Mr Volf put the following question and was provided with the corresponding response from the Lord Mayor.

Questions:

Watching the Council meetings on the City of Hobart YouTube channel has become a regular routine for me. 

 

However, as a person with disabilities - one of which is hearing loss - the audio levels for these meetings are so quiet I have to have my headphones at full volume - and at times I still struggle to understand the elected member who is speaking. 

 

I am often privy to the following: elected members filling up glasses of water, receiving emails or texts, or even just those seated making distracting noises when chairs are being shifted. 

 

At a previous Council meeting I asked a question regarding members interjecting in a disrespectful manner. I believe my question this evening correlates to that one, as those who are interrupting tend to be more audible than the speaker. The standing orders state they shouldn't be speaking at all. This behaviour is so frequent, I notice points of order are often not raised. 

 

My question is in three parts: Will this Council listen to my - and others - feedback, and bring this chamber into the 21st century with higher quality microphones and Cameras? 

 

As the audio within the chamber’s public area is also poor, could there be audio improvements there too? 

 

I would also ask if it is possible for those who do not have the floor to have the ability mute themselves for the convenience and clarity of all listeners?

 

I am happy to provide suggestions should the Council deem that appropriate.

Response:

We have received feedback on the audio system in the Council Chamber previously and the Council is actively pursuing improvements to it. 

 

The system was originally installed only as an audio system, however since COVID the inclusion of video recording and streaming has resulted in it no longer being optimal. 

 

While that longer term work is being explored incremental improvements are being made where they can occur.  The suggestions you have made have been noted and will be considered as part of improvements to the system in the Council Chamber.

 

 

5.1.2   Ms Louise Elliot - Political Donations

 

Ms Louise Elliot put the following question and was provided with corresponding response from the Lord Mayor.

Question:

Is it true that you received $5,000 in political donations from Glenn Alldis and his partner and this is the same Glenn Alldis that is the State Manager for Beam E-Scooters?

 

Response:

I’d like to start by saying this election campaign has well and truly started and is clear that as part of your campaign you are keen to try and draw people down and make exaggerated claims.

I have heard from various outlets that this particular imputation has been shopped around to various media outlets in the last few weeks and you are trying to get something published. I think it is rather unfortunate you have chosen to bring this into the Chamber. It is clearly part of your political campaign.

For the record, I was the only candidate in the 2018 elections that actually published their donations. Nobody else did and I challenge you to publish your donations at this campaign as well.

A private citizen did donate to my campaign, Glenn Alldis, as you have mentioned.

Four years later in March 2022, Mr Alldis became an employee of the e-scooter company you are talking about, so there is actually no correlation between the donation and the e-scooter company and I really reject the kind of imputation that you are trying to make through this question.

In answer to your question, yes it is the same Glenn Alldis.

 

5.1.3   Mr Chris Merridew - Rental Subsidy

 

Mr Chris Merridew put the following question which the Lord Mayor did not accept as it related to an item listed on the agenda for discussion.

Question:


I ask that the Council consider subsidising, through a rates remissions, the rental of a house that is rented under a Rent Assistant Package. A rate relief of $60 per week, passed onto tenants through reduced rental, would cost the Council $660 a week to subsidise 10 family home rentals rather than trying to get more rental properties into the market by restricting Airbnb properties.

 

 

6.       Petitions

 

No petitions were received.

 

 

7.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

RECOMMENDATION

 

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.

 

 

 

8.       Indications of Pecuniary and Conflicts of Interest

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.

OR

 

 Reports of Committees

 

City Planning Committee

 

9.       Council Acting as Planning Authority

 

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

 

In accordance with Regulation 25, the Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Council is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

 

9.1      2/816 Sandy Bay Road, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation

            PLN-21-569 - File Ref: F22/63404

Ref:    Open CPC 7.2.1, 4/07/2022

Application Expiry Date: 27 July 2022

 

That the Council refuse the application for a change of use to visitor accommodation at 2/816 Sandy Bay Road, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

 

1.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A1 or P1 of Planning Directive No. 6 because the gross floor area is in excess of 200m2, and the proposal is not compatible with the character and use of the area and would cause an unreasonable loss of residential amenity.

 

 

 

Burnet

Behrakis                                              That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 


 

9.2      18 Grosvenor Street, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation

            PLN-22-328 - File Ref: F22/63412

Ref:    Open CPC 7.2.2, 4/07/2022

Application Expiry Date: 11 July 2022

 

That in the absence of a decision from the City Planning Committee the item be referred to the Council for determination.

 

 

 

BURNET

FOX                                                         

 

That the Council refuse the application for a change of use to visitor accommodation at 18 Grosvenor Street, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

 

1.            The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.

 

2.            The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 due to the parking which the proposal will require.

 

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Briscoe

Deputy Lord Mayor Burnet

Behrakis

Harvey

Coats

Dutta

 

Fox

 

 

 

 

COUNCIL RESOLUTION:

 

That the Council refuse the application for a change of use to visitor accommodation at 18 Grosvenor Street, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

 

1.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.

 

2.         The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 due to the parking which the proposal will require.

 

 

10.      Submissions Received Public Notification Period for the Certified Amendment for Short Stay Visitor Accommodation

            File Ref: F22/40681; PSA-22-1

Ref:    Open CPC 8.1, 4/07/2022

 

That:   1.    Pursuant to section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, that Council endorse the report marked as item 8.1 of the Open City Planning Committee agenda of 4 July 2022 as the formal statement of its opinion as to the merit of the representations received during the public exhibition of the certified amendment PSA-22-1.

            2.    Pursuant to section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that PSA-22-1 marked as Attachment A to item 7.1.4 of the Open City Planning Committee agenda of 21 March 2022 to the Hobart Interim Planning Scheme 2015 be approved as certified.

 

 

Burnet

Harvey                                                  That the recommendation be adopted.

 

 

Briscoe

Dutta                                                                                                                           

 

Alderman Behrakis be granted an extra one minute to address the meeting.

 

 

 

MOTION CARRIED

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Behrakis

Deputy Lord Mayor Burnet

Coats

Briscoe

 

Harvey

 

Dutta

 

Fox

 

 

 

 

 

11.      Response to Notice of Motion - Assessment of Planning Applications with Heritage and Disability Access Issues

            File Ref: F22/44643

Ref:    Open CPC 8.2, 4/07/2022

 

That the Council propose, as part of the review of the State Planning Provisions currently being undertaken by the State Planning Office, that there is some flexibility introduced into the requirements of the development standards in the Local Historic Heritage Code which would allow for equal access to buildings.

 

 

 

Burnet

Fox                                                          That the recommendation be adopted.

 

 

MOTION CARRIED

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

 

City Infrastructure Committee

 

12.      Response to Petition - Pedestrian Crossing - McRobies Road, South Hobart

            File Ref: F22/55984; R0659

Ref:    Open CIC 6.1, 29/06/2022

 

That:   1.    An application be made to the Transport Commission requesting a change to the speed limit on McRobies Road between Cascade Road and Syme Street, Syme Street between Cascade Road and Degraves Street, and Nevin Street in South Hobart from the current default urban speed limit of 50 km/h to 40 km/h.

2.    Further consultation and investigations be undertaken in respect to joining the proposed 40km/hr zone (as outlined in Clause 1) with the previously Council-endorsed proposal for the 40km/hr zone in the South Hobart Shopping Precinct between Excel Lane and the Southern Outlet.

3.    Officers to investigate and upgrade the road signage on McRobies Road on approach to the Hobart Rivulet crossing.

4.    The petitioners be so advised.

 

 

 

Harvey

Behrakis                                              That the recommendation be adopted.

 

 

MOTION CARRIED

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Coats

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

 

 

 

 

 

Community, Culture and Events Committee

 

13.      Salamanca Market By-Law No.1 of 2022

            File Ref: F22/46521; S33-060-02/38

Ref:    Open CCEC 6.1, 30/06/2022

 

That the Council delegate authority to the Chief Executive Officer to take the remaining necessary steps to create the Salamanca Market By-Law No. 1 of 2022 marked as Attachment A to item 6.1 of the Open Community Culture and Events Committee agenda of 30 June 2022.

 

 

 

Dutta

Fox                                                           That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 


 

 

14.      Speaker's Corner - 6 Month Trial

            File Ref: F22/56706; 21/27

Ref:    Open CCEC 6.2, 30/06/2022

 

That:   1.    The Council approve the ongoing Speakers’ Corner Program for the City of Hobart.

            2.    Based on the findings of the Speakers’ Corner trial of 26 April 2021 to 31 October 2021 and the observations of the use of the Salamanca Plaza site during the ‘Out in the Open’ program between February and April 2022, the Chief Executive Officer finalise the Speakers’ Corner Terms and Conditions and update the site signage for delivery of the program to commence by August 2022.

 

 

 

Dutta

Fox                                                           That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Briscoe

Harvey

Behrakis

Dutta

Coats

Fox

 

 

 

 

15.      Request for Financial Delegation for Annual Grants ($20,000 and Over)

            File Ref: F22/56931; 21/48

Ref:    Open CCEC 6.3, 30/06/2022

 

That in light of upcoming Local Government elections and in the interests of good governance at this time that pursuant to Section 22 of the Local Government Act 1993, the Council delegate authority to the Chief Executive Officer to approve the recommendations of two assessment panels in September 2022, for the annual grants for Creative Hobart Major Cultural Organisations and Event Partnerships to levels as provided in the 2022-2023 Annual Plan.

 

 

 

Dutta

Fox                                                           That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

Economic Development & Communications Committee

 

16.      Business Events Tasmania Annual Funding Submission and MOU

            File Ref: F22/41466

Ref:    Open EDCC 6.1, 30/06/2022

 

That:   1.    The Council provide funding of $114,932 to Business Events Tasmania which has been included in the Economic Development Budget Function of the 2022-23 Annual Plan.

            2.    The total funding provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report.

            3.    The Council endorses the City of Hobart / Business Events Tasmania Funding Agreement 2022 – 2023 marked as Attachment B to item 6.1 of the Open Economic Development and Communications Committee agenda of 30 June 2022.

 

 

 

Fox

Behrakis                                              That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 


17.      World Cities Summit

            File Ref: F22/55553

Ref:    Open EDCC 6.2, 30/06/2022

 

That the Council endorse the attendance of the Chief Executive Officer and the Director Connected City at the World Cities Summit in Singapore from 31 July to 3 August 2022 as detailed in the report marked as item 6.2 of the Open Economic Development and Communications Committee agenda of 30 June 2022.

 

 

 

Briscoe

Dutta                                                      That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

 

 

Special Report – Chief Executive Officer

 

18.      Response to Notice of Motion - 2022 Election Caretaker Provisions

            File Ref: F22/62327

 

 

Burnet

Behrakis       

 

That the recommendation contained in the Special Report of the Chief Executive Officer, marked as item 18 of the Open Council Agenda of 11 July 2022, be adopted.

 

 

MOTION CARRIED

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.      The Council adopt the draft Caretaker Policy included as Attachment A to item 18 of the Open Council Agenda of 11 July 2022.

2.      The Council adopt the changes to the Council and Committee Meeting Schedule as shown in Attachment B to item 18 of the Open Council Agenda of 11 July 2022.

3.      The Director City Life be provided with the following delegation in order to facilitate the processing of planning permit applications during the period 26 October 2022 to 21 November 2022:

(i)      To determine all planning permit applications which would otherwise be determined by Committee or Council 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 Authority 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.

4.      The Council appoint the Chief Executive Officer and the Manager Legal and Governance as standing proxies for the Council’s Tas Water Owner’s Representative.

 

 

 

 

19.     Closed Portion of the Meeting

 

 

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:   

 

·         Confirm the minutes of the closed portion of the meeting

·         Leave of Absence

·         Legal action involving the Council

·         Information of a confidential nature

 

 

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. 6.1       PLN-20-499 - 28-30 Davey Street Hobart - Mediation Appeal

LG(MP)R 15(4)(a)

Item No. 7          Taste of Summer Program Update

LG(MP)R 15(2)(g)

 

Burnet

Behrakis                                                That the recommendation be adopted.

MOTION CARRIED BY ABSOLUTE MAJORITY

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Briscoe

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

 

 

 

 

There being no further business the Open portion of the meeting closed at 7.20pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
1st DAY OF August 2022.

CHAIRMAN