MINUTES
Open Portion
Monday, 17 July 2023
AT 5.00 pm
Council Chamber, Town Hall
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Minutes (Open Portion) Council Meeting |
Page 2 |
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17/7/2023 |
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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. Draft South Hobart Oval and Park Master Plan
11. Fee Waivers - Community Based Homelessness Support Groups
12. Response to Petition - Slow Traffic through West Hobart, Mount Stuart and Lenah Valley
13. Request for City of Hobart to join the EveryAGE Counts Campaign
16. Grants, Events Sponsorships and Parternerships Review Update
17. City of Hobart Intergovernmental Relations Framework 2023-2027 & Advocacy Priorities 2023-2024
18. Representation to Tasmanian Planning Commission regarding the draft Tasmanian Planning Policies
19. City of Hobart feedback on the Tasmanian Housing Strategy Exposure Draft
Report of the Chief Executive Officer
20. Response to Notice of Motion - Battery Point Walkway
Motions of which notice has been given
22. Crowther - New Information
23.. RESPONSES TO QUESTIONS WITHOUT NOTICE
25. Closed Portion of the Meeting
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Minutes (Open Portion) Council Meeting |
Page 1 |
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17/07/2023 |
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PRESENT:
The Acting Lord Mayor Councillor H Burnet, Aldermen Zucco, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, Dr Z E Sherlock, J L Kelly, L M Elliot, Alderman L A Bloomfield, Councillors R J Posselt and B Lohberger.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
The Lord Mayor A M Reynolds.
Councillor Elliot left the meeting at 6.35pm, retuning at 6.36pm.
Alderman Zucco left the meeting at 6.43pm, after declaring an interest in item 16, returning at 6.48pm.
Councillor Sherlock left the meeting at 7.01pm, returning at 7.03pm.
The Chairperson provided an acknowledgement of Country.
The Chairperson reported that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 19 June 2023, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
Bloomfield That the recommendation be adopted. |
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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?
Dutta
Bloomfield That item 20 be taken after item 9.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Acting Lord Mayor Burnet |
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Zucco |
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Harvey |
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Behrakis |
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Dutta |
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Sherlock |
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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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The Acting Lord Mayor passed on her appreciation and thanks to other elected members for their support and wiliness to speak on behalf of their portfolio’s during her time as Acting Lord Mayor. |
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reported that the following Council workshops have been conducted since the last ordinary meeting of the Council.
Date: Monday 26 June 2023
Purpose: Tasmanian Housing Strategy Exposure Draft | Economic Development Strategy | id. community profile and social atlas
Attendance:
The Deputy Lord Mayor Councillor H Burnet, Alderman S Behrakis, Councillors M Dutta, J Kelly, Alderman L Bloomfield
Apologies:
The Lord Mayor Councillor A Reynolds, Councillors Dr Z Sherlock
Leave of Absence:
Councillors B Harvey and R Posselt
Date: Monday 10 July 2023
Purpose: Local Government Review | Operational Briefing – Progress Report
Attendance:
The Deputy Lord Mayor Councillor H Burnet, Alderman M Zucco, Councillor B Harvey, Alderman S Behrakis, Councillors M Dutta, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, B Lohberger
Apologies:
Leave of Absence:
Lord Mayor Councillor A Reynolds, Councillor Dr Z Sherlock
Dutta
Behrakis
That the two petitions be received and noted, and referred for an officer report to be provided to a future Council meeting.
MOTION CARRIED
VOTING RECORD
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Acting Lord Mayor Burnet |
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Zucco |
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Harvey |
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Behrakis |
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Dutta |
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Sherlock |
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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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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.
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 20 was then taken.
11. Fee Waivers - Community Based Homelessness Support Groups File Ref: F23/54220 |
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Harvey
That the recommendation contained in the officer report, marked as item 11 of the Open Council Agenda of 17 July 2023, be adopted. |
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council waive a total of $28,458 in community hire fees made up of the following specific amounts, for the use of Mathers or Criterion House for the following community led social support services, for the 2023-2024 financial year: b. Dining with Friends $2,916.00 c. Circle of Love and Care $5,616.00 d. Pets in the Park $594.00 e. Hobart Hamlet Association $270.00 f. Mutual Aid Kitchen $11,232.00 2. The value of the support to each organisation be recorded in the ‘Grants, Assistance and Benefits Provided’ section of the City of Hobart Annual Report.
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12. Response to Petition - Slow Traffic through West Hobart, Mount Stuart and Lenah Valley File Ref: F23/62349; 23/15 |
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Behrakis
That the recommendation contained in the officer report, marked as item 12 of the Open Council Agenda of 17 July 2023, be adopted. |
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council note the concerns raised in the petition and endorse City officers to consider mobility improvements in West Hobart and surrounding streets by developing a Local Area Mobility Plan for the suburb. 2. The lead petitioner be advised of the outcomes of this report. |
13. Request for City of Hobart to join the EveryAGE Counts Campaign File Ref: F23/30902 |
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Sherlock
That the recommendation contained in the officer report, marked as item 13 of the Open Council Agenda of 17 July 2023, be adopted. |
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. Council endorse the EveryAGE Counts campaign pledge. 2. The Lord Mayor write to Dr Marlene Krasovitsky on behalf of the Council confirming the City of Hobart’s endorsement of the EveryAGE Campaign. 3. A media statement be released identifying the City of Hobart as a signatory of the EveryAGE Counts campaign, and how this aligns with the City’s Positive Ageing Commitment. |
14. Request for Council Reception - the 7th ICES/PICES International Zooplankton Production Symposium File Ref: F23/59969 |
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Posselt
That the Council host a Civic Reception for the 7th ICES/PICES International Zooplankton Production Symposium to be held in the Town Hall Ballroom on Monday 18 March 2024 for up to 300 guests, up to a maximum of $13,500: (i) The reception be funded from the Council Reception line item in budget function 11105 – Civic Support in the 2023/24 financial year. (ii) The Council’s assistance be listed in the 2023/24 Annual Report in accordance with its policy in respect to the disclosure of grants and benefits.
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Amendment
Behrakis
That:
1. The Council fund the 7th ICES/PICES International Zooplankton Production Symposium reception as per other civic receptions held in the Lord Mayor’s Quarters in regards to numbers and funding.
2. The Australian Antarctic Program Partnership be advised that any cost allocation above the standard allocated for Lord Mayor receptions are to be paid for by the Australian Antarctic Program Partnership.
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AMENDMENT LOST VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the Council host a Civic Reception for the 7th ICES/PICES International Zooplankton Production Symposium to be held in the Town Hall Ballroom on Monday 18 March 2024 for up to 300 guests, up to a maximum of $13,500: (i) The reception be funded from the Council Reception line item in budget function 11105 – Civic Support in the 2023/24 financial year. (ii) The Council’s assistance be listed in the 2023/24 Annual Report in accordance with its policy in respect to the disclosure of grants and benefits.
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File Ref: F23/67666 |
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Sherlock
That the recommendation contained in the officer report, marked as item 15 of the Open Council Agenda of 17 July 2023, 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 attendance of Alderman Bloomfield and Councillor Kelly at the International Night Time Economy Forum in Sydney in May 2023, and the importance of Night Time Economy activities to Hobart. |
Alderman Zucco declared an interest in item 16 and left the meeting.
16. Grants, Events Sponsorships and Partnerships Review Update File Ref: F23/71410 |
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Dutta
That the recommendation contained in the officer report, marked as item 16 of the Open Council Agenda of 17 July 2023, be adopted. |
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Amendment
Dutta
That a further report be provided in respect of clause 3 of the recommendation.
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AMENDMENT CARRIED
VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council notes the progress of the Grants, Partnerships and Sponsorships Stage 1 review. 2. The Council endorses progressing to Stage 2 of the project to review all City of Hobart Grants, Partnerships, Sponsorships and in-kind arrangements. 3. A further report be provided in respect of the Council delegating the power to transfer and apply funds from the Heritage Account, pursuant to section 5(3) of the National Trust Preservation Fund (Winding-up) Act 1999, to the Chief Executive Officer up to a maximum of $70,000, to be exercised consistently with sections 5(3) and 5(5) of that Act and only after: receiving advice from the City’s Chief Financial Officer on the interest which has accrued on the Heritage Account since the last payment was authorised by the Heritage Account Special Committee; and considering the existing Terms of Reference for the Heritage Account Special Committee. |
17. City of Hobart Intergovernmental Relations Framework 2023-2027 & Advocacy Priorities 2023-2024 File Ref: F23/45017 |
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Dutta
That the recommendation contained on the officer report, marked as item 17 of the Open Council Agenda of 17 July 2023, be adopted.
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Amendment
Behrakis
That clause 3 be amended to include an additional priority:
(vi) diversifying transport options through investment in transport infrastructure
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AMENDMENT CARRIED VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council approves the City of Hobart Intergovernmental Relations and Advocacy Framework 2023-2027, marked as Attachment A to item 17 of the Open Council Agenda of 17 July 2023, and 2. The Council endorses the proposed City of Hobart advocacy priorities for 2023-24: (i) addressing housing access and affordability; (ii) boosting Hobart’s Antarctic and Science sectors; (iii) accelerating climate action and building local resilience; (iv) investing in community sport infrastructure; and (v) unlocking Hobart’s potential as a visitor destination. (vi) diversifying transport options through investment in transport infrastructure 3. The Council endorses City of Hobart memberships of the Cities Power Partnership and the Local 2030 Islands Network.
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18. Representation to Tasmanian Planning Commission regarding the draft Tasmanian Planning Policies File Ref: F23/65412 |
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Sherlock
That the recommendation contained in the officer report, marked as item 18 of the Open Council Agenda of 17 July 2023, be adopted. |
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the Council endorse the representation, marked as Attachment A to item 18 of the Open Council Agenda of 17 July 2023, to the Tasmanian Planning Commission. |
19. City of Hobart feedback on the Tasmanian Housing Strategy Exposure Draft File Ref: F23/67607 |
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Posselt
That the recommendation contained in the officer report, marked as item 19 of the Open Council Agenda of 17 July 2023, be adopted. |
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MOTION CARRIED
VOTING RECORD
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COUNCIL RESOLUTION: |
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That the Council endorse the submission, marked as Attachment A to item 19 of the Open Council Agenda of 17 July 2023, to the Tasmanian Government. |
Item 21 was then taken.
20. Response to Notice of Motion - Battery Point Walkway File Ref: F23/69629; 16/119 |
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Sherlock
That the recommendation contained in the officer report, marked as item 20 of the Open Council Agenda of 17 July 2023, be adopted. |
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Amendment
Lohberger
That the motion be replaced with the following:
That:
1. The report in response to the Notice of Motion in relation to the Battery Point Walkway be noted.
2. The Chief Executive Officer be authorised to undertake an assessment to determine the feasibility of establishing a new shared accessway along the foreshore connecting Sandy Bay with Battery Point:
(i) The assessment include the development of a schematic design option along with preliminary cost estimates and possible timeframes for approval and construction;
(ii) The design option will address the relevant issues identified by a planning tribunal decision in 2015 centred on a previous proposal: including public interest benefit, residential amenity, visual impact, privacy, access to the river, heritage and relevant planning schemes.
3. Engagement be undertaken with residents who occupy properties fronting the foreshore along the proposed location of the new shared accessway, community organisations, stakeholders and interested individuals, seeking feedback on the new concept design option for the infrastructure.
4. An allocation of up to $100,000 from the City’s 2023/2024 annual budget will be made available to fund the study.
5. The concept of a shared accessway around Battery Point also be considered as part of the development of the Sandy Bay / Mount Nelson Neighbourhood Plan.
6. A further report be prepared providing an outcome of the above no later than December 2023.
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ELLIOT
That Alderman Zucco be granted an additional two minutes to address the meeting.
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MOTION CARRIED VOTING RECORD
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AMENDMENT CARRIED VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The report in response to the Notice of Motion in relation to the Battery Point Walkway be noted.
2. The Chief Executive Officer be authorised to undertake an assessment to determine the feasibility of establishing a new shared accessway along the foreshore connecting Sandy Bay with Battery Point:
(i) The assessment include the development of a schematic design option along with preliminary cost estimates and possible timeframes for approval and construction;
(ii) The design option will address the relevant issues identified by a planning tribunal decision in 2015 centred on a previous proposal: including public interest benefit, residential amenity, visual impact, privacy, access to the river, heritage and relevant planning schemes.
3. Engagement be undertaken with residents who occupy properties fronting the foreshore along the proposed location of the new shared accessway, community organisations, stakeholders and interested individuals, seeking feedback on the new concept design option for the infrastructure.
4. An allocation of up to $100,000 from the City’s 2023/2024 annual budget will be made available to fund the study.
5. The concept of a shared accessway around Battery Point also be considered as part of the development of the Sandy Bay / Mount Nelson Neighbourhood Plan.
6. A further report be prepared providing an outcome of the above no later than December 2023.
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Item 10 was then taken.
File Ref: F23/67499 |
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Lohberger
That the recommendation contained in the officer report, marked as item 21 of the Open Council Agenda of 17 July 2023, be adopted. |
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Amendment
BLOOMFIELD
That clause two of the recommendation be replaced with the following:
The submission to the Future of Local Government Review Stage 2 Interim Report (March 2023) be reviewed and modified at the discretion of the Chief Executive Officer in the context of the Premier’s comments on 16 July 2023 where he announced there would be no forced amalgamations of councils.
a) The amended submission should focus on contemporising the Local Government Act 1993 (Tas), enhancing funding to Local Government, implementation of shared services, review of funding sources for local government, review of accounting standards for major assets, such as Doone Kennedy Hobart Aquatic Centre and strengthening of the Elected Member Code of Conduct.
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AMENDMENT CARRIED VOTING RECORD
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The Acting Lord Mayor then called for nominations in accordance with clause 5 of the officer recommendation.
The Lord Mayor and Alderman Bloomfield were nominated with the Deputy Lord Mayor nominated as proxy.
In the absence of any further nominations, the Acting Lord Mayor declared the Lord Mayor and Alderman Bloomfield with the Deputy Lord Mayor as proxy.
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The
report presented by the Chief Executive Officer on the future of local
government review process and the Stage 2 – Interim Report (March 2023)
be noted. 2. The submission to the Future of Local Government Review Stage 2 Interim Report (March 2023), marked as Attachment A to item 21 of the Open Council Agenda of 17 July 2023, be reviewed and modified at the discretion of the Chief Executive Officer in the context of the Premier’s comments on 16 July 2023 where he announced there would be no forced amalgamations of councils.
a) The amended submission should focus on contemporising the Local Government Act 1993 (Tas), enhancing funding to Local Government, implementation of shared services, review of funding sources for local government, review of accounting standards for major assets, such as Doone Kennedy Hobart Aquatic Centre and strengthening of the Elected Member Code of Conduct. 3. The Chief Executive Officer be authorised to finalise and lodge the submission to the Local Government Board. 4. The Council register its interest to attend the Southern Shore and Western Shore Community Catchment community hearings being held by the Local Government Board. 5. The Council be represented by the acting Chief Executive Officer and the Lord Mayor and Alderman Bloomfield (with the Deputy Lord Mayor as proxy), to attend the Southern Shore and Western Shore Community Catchment community hearings. 6. An invitation be extended to the Elected Members of the Glenorchy City Council to meet with the Elected Members of the City of Hobart.
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IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
22. Crowther - New Information File Ref: F23/73011 |
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Councillor Elliot Motion: “That Council: 1. acknowledge that there is substantial doubt over the accuracy of the statement that Dr William Crowther removed Lanne’s skulls
2. require that the City publish on its website a statements detailing the conduct that the City believes Dr William Crowther undertook towards William Lanne and provide links to (or copies of) the primary sources relied on to support these beliefs as soon as practicable 3. require that historians and interested parties be invited to submit statements detailing the conduct that they believe Dr William Crowther did or did not undertake towards William Lanne and provide links to (or copies of) the primary sources relied upon to support these beliefs, with the City to publish these on its website in a timely manner as they are received.”
Rationale:
“The Council has communicated as fact that Dr William Crowther is responsible for the removal of William Lanne’s skull. There are substantial doubts over the accuracy of this statement. This unproven statement has been communicated by the Council many times, including in the Council’s meeting papers, engagement materials, media releases, across the Council’s website, and as part of the Franklin Square Conversation Plan Addendum. For almost two years, local historians Mr Ian McFarlane and Mr Scott Seymour have shared their concerns regarding the reliability of the information that the Council is communicating as fact. Mr McFarlane and Mr Seymour also expressed their concerns with the many errors and inaccuracies that the Council indirectly promoted through the Crowther Reinterpreted project. Most recently, Mr Seymour has made even more discoveries that cast significant doubt on Dr Crowther being responsible for the removal of William Lanne’s skull. These include that: Mr John Sugrue, also known as ‘Dan the barber’, oversaw and had access to the hospital morgue (dead house) where Lanne’s body was kept. Mr Surgue is on record stating that when Crowther and his son left the morgue that they were not carrying anything. It is also on record that after Crowther and his son left, that Mr Surgue went and ‘cleaned up’ the morgue before locking it. Further, Mr Surgue’s had an interest in skull collecting and, as part of an inquiry into the alleged ill treatment of patients at the hospital, hospital Chairman, Mr George Edwards, stated that a local man refused to attend the hospital when unwell (and soon after died) as he had been previously been roughly treated by Mr Surgue. The unwell man had also said that should he die in the hospital, that Mr Surgue had previously told him that Mr Surgue “would have” his head as it was “so much like King Billy’s”. Further, nine years after Lanne’s death, in 1878, the remains of a ‘black’ man, Henry Tanna/Tanner, also went missing from the morgue. Mr Surgue was still working at the hospital at this time.
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Behrakis That the motion be adopted. |
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Amendment
That the Council agree that any further progress on the removal of the Crowther statue, including the development application, be paused until a Council Monuments Policy is finalised.
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The amendment lapsed for want of a seconder. |
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Dutta
That Councillor Sherlock be granted an additional two minutes to address the meeting. |
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MOTION CARRIED VOTING RECORD
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MOTION LOST VOTING RECORD
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COUNCIL RESOLUTION: |
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23. RESPONSES TO QUESTIONS WITHOUT NOTICE File Ref: F23/71939 |
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Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015. File Ref: 13-1-10
That the information be received and noted.
23.1 Direct Appointments Memorandum of the Chief Executive Officer 15 March 2023.
Behrakis That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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File Ref: F23/71818 |
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Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015. File Ref: 13-1-10 |
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Question: What engagement or consultation was undertaken before recommending to the Council to double rates for visitor accommodation? Response: The Chief Executive Officer advised that no external consultation was undertaken with the community, elected members considered this as part of their budget workshop prior to making the decision. |
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Question: In the media, the Lord Mayor referred to a 10 month window for special circumstance in regard to rates doubling. What are those special circumstances and what do they mean for rate payers? Response: The Chief Executive Officer advised that she understood that was a miss-speak by the Lord Mayor and was not reflective of the currently position of the Council. Officers are happy to provide some further specific advice on how the process will work from an administrative perspective. |
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Question: I note there were nine senior and executive appointments being made in the last two years. Is this a new norm and can we expect the same sort of volume coming into the next two years? Response: The Chief Executive Officer advised that was not a number previously seen. It was part of a talent acquisition approach and it is important to note some appointments relate to some short-term contract appointments. |
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Question: Can the Chief Executive Officer advise the number of parking tickets cancelled using codes R4 & R5? Response: The Chief Executive Officer took the question on notice. |
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Question: Given recent Federal Government investigations of PwC and now the other big 4 consultancy firms, what assurances can be provided as to transparency of actions of consultants, and what can we take on board at the City of Hobart and LG in Tasmania? Response: The Chief Executive Officer took the question on notice.
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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:
· Minutes of a closed meeting · Sale of land · Information relating to a commercial arrangement
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 Temporary Housing LG(MP)R 15(2)(f) and (g) Item No. 7 E-scooter Permit Conditions - Commercial in Confidence LG(MP)R 15(2)(b)
Posselt That the recommendation be adopted. |
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MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
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The Chairman adjourned the meeting at 7.14pm for a dinner break.
The meeting was reconvened at 7.42pm.
Item 22 was then taken.
There being no further business the Open portion of the meeting closed at 8.18pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
28th DAY OF august 2023.
CHAIRPERSON