Minutes (Open Portion)

Council Meeting

Page 2

19/6/2023

Minutes (Open Portion)

Council Meeting

Page 1

19/06/2023

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 22 May 2023, 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 confirmed.

The Lord Mayor reported that last week she was in Canberra for the Australian Local Government Association (ALGA) National General Assembly and also a separate event on Friday 16 June called the Australian Council of Local Governments (or ACLG).

The ACLG is a new initiative of the Albanese Government to provide a forum for Federal Government Ministers to engage with the Mayors or their representatives.

Highlights from the ALGA Congress were that Hobart’s motion - 

“ That the National General Assembly calls upon the Australian Government to develop a National Heritage Design Guide to support local governments to encourage conservation for the reuse and repurpose of heritage buildings for commercial and residential use, to adapt a changing climate, and to be more sustainable and future-ready.” passed unanimously.

Two other significant motions were

-          ALGA’s support for the federal government’s proposed Indigenous Voice to Parliament, which passed 98 votes to 71.

-          ALGA’s support for amendments to superannuation laws so all councillors across Australia automatically receive the Superannuation Guarantee Contribution, to which councillors aren’t currently entitled.

Another highlight from the week were some positive results from work the Lord Mayor had been doing over the last few months with other Mayors and with the President of ALGA. This work has focused on raising the voice of local government as a significant partner for the federal government in rolling out climate change solutions.

They brought together a diverse group of Mayors to agree on a joint statement that was tabled at the Australian Council of Local Government’s Forum (https://tinyurl.com/2p8jstn9), used in media  and also in meetings with key Ministers.

This advocacy was influential in the announcement on Friday of a new $100 million fund by Chris Bowen MP for local governments to install renewables and energy storage at community facilities.

The ACLG was a valuable Forum for hearing from Federal Ministers about the government’s priorities and a range of new programs that we might be able to seek funding from. The Lord Mayor will be writing to the Executive Leadership Team to outline this range of possible grant programs that Hobart may like to apply for.

No questions were asked.

The Chief Executive Officer tabled a petition from Katrina Chen, of Harbroe Avenue, New Town calling for the Council to:

1.             Withdraw permission for TasNetworks to construct a substation in Harbroe Avenue, New Town.

2.             That the City of Hobart require TasNetworks to avoid removal of street trees for all future projects on council owned land and encourage pole-mounted units are installed in preference to bulky, visually obtrusive ground-level padmount units in local streets.

3.             That the City of Hobart urge TasNetworks to not compromise local heritage values when undertaking new infrastructure projects in the municipality.

4.             That the City of Hobart pursue a Memorandum of Understanding (MoU) with TasNetworks that commits TasNetworks to genuine community consultation and transparent decision­ making concerning all infrastructure projects within the municipality.

There were 36 signatories to the petition.

Burnet

Behrakis                                                                                                          

That the petition be received and noted, and a report be provided back to a future Council meeting.

MOTION CARRIED

VOTING RECORD

Attachments

a    Petition - TasNetworks Substation Harbroe Ave New Town - June 2023   

10.      Budget Estimates 2023-24

Harvey

Sherlock     

That the recommendation contained within the officer report, marked as item 10 of the Open Council Agenda of 19 June 2023, be adopted.

Amendment

Zucco

Elliot                                                                                                                          

That the additional rates raised above the General Residential rate, as a result of clauses 3ii (f) and 3ii (i) are specifically used for Housing for the Homeless and not for the consolidated rate base.

AMENDMENT LOST

VOTING RECORD

Procedural Motion

Elliot

Zucco                                                                                                                          

That the matter be deferred for further consideration at a Council workshop and Special Council meeting in a fortnight’s time.

PROCEDURAL MOTION LOST

VOTING RECORD

Sherlock

Elliot                                                                                                                          

That Alderman Zucco be granted an additional two minutes to address the meeting.

MOTION CARRIED

VOTING RECORD

Dutta

Posselt                                                                                                                      

That Alderman Behrakis be granted an additional two minutes to address the meeting.

MOTION CARRIED

VOTING RECORD

Sherlock

Zucco                                                                                                                          

That Councillor Elliot be granted and additional two minutes to address the meeting.

MOTION CARRIED

VOTING RECORD

Posselt

Burnet                                                                                                                        

That the vote for clauses 3ii (f) and 3ii (i) be taken separately.

MOTION CARRIED

VOTING RECORD

The Lord Mayor then put the vote for clauses 3ii (f)

Councillor Elliot declared an interest in clause 3ii (f) and left the meeting.

MOTION CARRIED
Clause 3ii (f)

VOTING RECORD

The Lord Mayor then put the vote for clause 3ii (i)

MOTION CARRIED
Clause 3ii (i)

VOTING RECORD

The Lord Mayor then put the vote for remaining the clauses

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      In accordance with section 82(2) of the Local Government Act 1993 (LGA), revenues, expenses and capital works detailed in the document City of Hobart Budget Estimates 2023-24 (Attachment A to item 10 of the Open Council Agenda of 19 June 2023) be adopted.

2.      The schedule of Fees and Charges for Council (Attachment G to item 10 of the Open Council Agenda of 19 June 2023), be adopted for 2023-24.

3.      The City of Hobart Rates Resolution 2023-24 (Attachment C to item 10 of the Open Council Agenda of 19 June 2023), be adopted as follows:

(i)   Pursuant to s.90 of the LGA, a General Rate of 5.97 cents in the dollar of Assessed Annual Value (AAV) be made. 

(ii)  Pursuant to s.107 of the LGA, Council declares by absolute majority that the General Rate is varied according to the use or predominant use of land, as follows:

a)   for land used for commercial purposes, vary the general rate to 7.36 cents in the dollar of AAV.

b)   for land used for industrial purposes, vary the general rate to 6.03 cents in the dollar of AAV.

c)   for land used for primary production purposes, vary the general rate to 5.50 cents in the dollar of AAV.

d)   for land used for public enterprise purposes, vary the general rate to 6.32 cents in the dollar of AAV.

e)   for land used for residential purposes, vary the general rate to 5.21 cents in the dollar of AAV.

f)    For land used for residential short stay visitor accommodation purposes, vary the general rate to 10.42 cents in the dollar of AAV.

g)   for land used for sporting or recreation facilities, vary the general rate to 6.65 cents in the dollar of AAV.

h)  for non-use of the land, vary the general rate to 6.14 cents in the dollar of AAV.

i)    For non-use residential land, vary the general rate to 12.28 cents in the dollar of AAV.

(iii)  Pursuant to s.93 of the LGA, a Stormwater Removal Service Rate of 0.47 cents in the dollar of AAV be made.

(iv) Pursuant to s.93A of the LGA and the provisions of the Fire Service Act 1979 (as amended), the Council makes the following rates for land within the municipal area:

a)   A permanent brigade district fire rate of 1.095 cents in the dollar of AAV subject to a minimum amount of $48 in respect of all rateable land within the permanent brigade rating district.

b)   A Fern Tree volunteer brigade district fire rate of 0.29 cents in the dollar of AAV subject to a minimum amount of $48 in respect of all rateable land within the Fern Tree volunteer brigade rating district.

c)   A general land fire rate of 0.23 cents in the dollar of AAV subject to a minimum amount of $48 in respect of all rateable land within the municipal area which is not within the permanent brigade rating district or the Fern Tree volunteer brigade rating district. 

(v)  Pursuant to s.107 of the LGA, Council declares by absolute majority that the permanent brigade district fire rate is varied within the permanent brigade rating district according to the use or predominant use of land, as follows:

a)  for land used for commercial purposes, vary the permanent brigade district fire rate to 1.35 cents in the dollar of AAV.

b)  for land used for industrial purposes, vary the permanent brigade district fire rate to 1.06 cents in the dollar of AAV.

c)  for land used for primary production purposes, vary the permanent brigade district fire rate to 1.00 cents in the dollar of AAV.

d)  for land used for public enterprise purposes, vary the permanent brigade district fire rate to 1.58 cents in the dollar of AAV.

e)  for land used for residential purposes, vary the permanent brigade district fire rate to 0.94 cents in the dollar of AAV.

f)  for land used for sporting or recreation facilities, vary the permanent brigade district fire rate to 0.57 cents in the dollar of AAV.

g)  for non-use of the land, vary the permanent brigade district fire rate to 0.92 cents in the dollar of AAV.

vi)   A Waste Management Service Charge be made and varied according to the use or predominant use of land as follows:

a)   A Service charge of $270 to apply to residential properties; and

b)   A Service charge of $540 to apply to non-residential properties.

vii)   A Waste Management Service Charge of $75 be made for kerbside food organics garden organics waste collection for all rateable land within the municipal area to which Council supplies or makes available a food organics garden organics waste collection service fortnightly utilising a food organics garden organics waste collection bin.

viii)  Pursuant to s.94 of the LGA, a Waste Management Service Charge for food organics garden organics collection be made in the sum of $160.00 for all rateable land within the municipal area to which Council supplies or makes available a food organics garden organics waste collection service weekly utilising a food organics garden organics collection bin.

(ix) Pursuant to s.94 of the LGA, a service charge be made for waste management services to offset a levy payable by the Council to the State Government under the Waste and Resource Recovery Act 2022 (a Waste Management Levy Offset Service Charge) and varied according to the use or predominant use of land as follows:

a)   A Service charge of $10 to apply to residential properties; and

b)   A Service charge of $20 to apply to non-residential properties.

(x)  Pursuant to s94 of the LGA, a service charge be made of $107 for an initial service charge for waste, or recycling, residential or non-residential and $176 to upgrade from a 120Lt to 240Lt mobile garbage bin residential.

4.      The penalty on unpaid rates be 3 per cent of the amount. 

5.      The interest rate on unpaid rates be 9.85 per cent per annum, charged monthly.

6.      The 2023-24 Annual Plan (Attachment D to item 10 of the Open Council Agenda of 19 June 2023) be adopted.

7.      The Long-Term Financial Management Plan 2023-33 (Attachment B to item 10 of the Open Council Agenda of 19 June 2023) be adopted.

8.      The following delegation be approved:

(i)      Pursuant to section 22 of the LGA, the Council delegate to the Chief Executive Officer, being the General Manager as appointed by Council pursuant to section 61 of the LGA the power to expend monies on the Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan 2023-24; and, the Council authorise the Chief Executive Officer to delegate, pursuant Section 64 of the LGA, to such employees of the Council as she considers appropriate, the power to expend monies on the Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan.

9.      The Council adopt the amended City of Hobart Rates and Charges Policy (Attachment E to item 10 of the Open Council Agenda of 19 June 2023).

10.    The Chief Executive Officer be authorised to finalise the City of Hobart Rates and Charges Policy and arrange for it to be made available to the public in a paper format from the Council’s Customer Service Centre and in an electronic format from Council’s website.

11.    The Council note the observations of the Risk and Audit Panel as detailed in the report marked as item 10 of the Open Council Agenda of 19 June 2023.

Kelly

Burnet                                                                        That item 16 be taken next.

MOTION CARRIED

VOTING RECORD

11.      Advice to Property Owners on Increasing Housing Options

Burnet

Sherlock     

That the recommendation contained in the officer report, marked as item 11 of the Open Council Agenda of 19 June 2023, be adopted.

Amendment

Posselt

Lohberger                                                                                                               

That Alderman Behrakis, as Chairperson of the Planning Committee be included as clause 3 (i) (c).

AMENDMENT CARRIED

VOTING RECORD

Amendment

Elliot

Behrakis                                                                                                                    

That the words ‘young’ be deleted and the words ‘with a focus on innovative and cost-effective designs’ be included after ‘architects’ in clause 2 (c).

AMENDMENT CARRIED

VOTING RECORD

Procedural Motion

Dutta

Elliot                                                                         That the motion be now put.

PROCEDURAL MOTION CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Director City Life is to undertake the following actions to attempt to increase housing supply in Hobart:

1.      Continue to provide a free duty planner service and also to provide a free “pre-application enquiry” process to assist property owners with advice on specific planning issues;

2.      Update the City of Hobart’s website to include:

(a)     the State Government advice on ancillary dwellings;

(b)     stories of success of ancillary dwellings; and

(c)     proposed designs for ancillary dwellings by students or architects with a focus on innovative and cost-effective designs.

3.      The Director City Futures, along with the Council’s Development Concierge once that role has commenced and the Manager Strategic Engagement and Partnerships, undertake further steps to attempt to increase housing supply in Hobart, including:

(i)      work closely with:

(a)     Deputy Lord Mayor, Councillor Burnett, as Chairperson of the Future Hobart Portfolio Committee; and

(b)     Councillor Dutta, as Chairperson of the Housing and Homelessness Portfolio Committee; and

(c)     Alderman Behrakis, as Chairperson of the Planning Committee.

(ii)     work closely with the City Futures Division to identify any further opportunities to assist landowners to identify ways to boost the housing supply.

Dutta

Sherlock                                                                            That item 18 be taken next.  

MOTION CARRIED

VOTING RECORD

12.      Fee Waiver - Request for Reduction in Planning Fees

Behrakis

Lohberger  

That option 1 of the recommendation contained in the officer report, marked as item 12 of the Open Council meeting of 19 June 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That TasWater pay full fees for the application for a new sewerage treatment plant at Selfs Point, in accordance with the Council’s published fees and charges.

13.      Response to Petition - Saunders Crescent Playground

Burnet

Posselt         

That the recommendation contained in the officer report, marked as item 13 of the Open Council Agenda of 19 June 2023, be adopted.

Amendment

Dutta

Lohberger                                                                                                               

That funding be considered in 2023/24 if savings are found as the year progresses.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The concept design (Attachment A to) for a playground on the original site at Saunders Crescent, South Hobart be endorsed for public consultation.

2.      Funding of $186,500 for the playground be considered for inclusion in the Capital Works Budget 2024/25:

a) unless savings are found in 2023/24 as the year progresses.

14.      Council's Representation on the Hobart Draft Local Provisions Schedule

Sherlock

Posselt         

That the recommendation contained in the officer report, marked as item 14 of the Open Council Agenda of 19 June 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council acting as a Corporation endorse the proposed recommended content within Council’s Representation on the Hobart draft Local Provisions Schedule.

15.      Lease Arrangements - 6 Washington Street, South Hobart

Burnet

Bloomfield

That the recommendation contained in the officer report, marked as item 15 of the Open Council Agenda of 19 June 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve the commencement of Expression of Interest process to identify a new tenant or tenants with a community focus for the City owned facility at 6 Washington Street, South Hobart.

2.      A further report detailing the outcomes of the Expression of Interest process be presented to the Council in due course.

16.      Proposed Tram Garage and Display Facility - Hobart Regatta Grounds - H-TRAMS

Kelly

Sherlock     

That the recommendation contained within the officer report, marked as item 16 of the Open Council Agenda of 19 June 2023, be adopted.

Sherlock

Behrakis                                                                                                                    

That Councillor Kelly be granted an additional one minute to address the meeting.

MOTION CARRIED

VOTING RECORD

Procedural Motion

Dutta                                                                                                                           

That the matter be deferred for consideration as part of the North East Structure Plan.

The motion lapsed for want of a seconder.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The report presented by the Chief Executive Officer on the request for funding assistance to enable the design development of a Tram Garage and Display Facility proposed to be established on land owned by the City and located adjacent to the Hobart Regatta Grounds be noted.

2.      Grant funding to the Hobart Tram Restoration and Museum Society of an allocation up to $300,000 over the 2023-24 and 2024-25 financial years to enable design development of the Tram Garage and Display Facility be approved.

3.      The Grant funding be provided on the basis that in the event the Hobart Tram Restoration and Museum Society ceases to exist, all assets belonging to the Society become the property of the City of Hobart.

4.      The Chief Executive Officer be authorised to:

(i)      Finalise the grant funding deed to be executed between the City and the Hobart Tram Restoration and Museum Society.

(ii)     Negotiate a Memorandum of Understanding between the City and the Hobart Tram Restoration and Museum Society.

(iii)    Provide assistance to the Hobart Tram Restoration and Museum Society to secure external funding assistance to enable the development of the Tram Garage and Display Facility to be progressed.

17.      Local Government Association of Tasmania -
Motions for June General Meeting

Dutta

Burnet  

That the recommendation contained within the officer report marked as item 17 of the Open Council Agenda of 19 June 2023, be adopted.

Zucco

Bloomfield                                                                                                              

That the votes for clauses 1(i) and 1(ii) be taken separately.

MOTION CARRIED

VOTING RECORD

MOTION CARRIED
Clause 1(i)

VOTING RECORD

MOTION CARRIED
Clause 1(ii)

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council resolve to instruct its delegates to vote:

(i)      in favour of the motion on Restrictive Covenants tabled by the Clarence Council contained in Attachment A to item 17 of the Open Council Agenda of 19 June 2023; and

(ii)     in favour of the motion on the Hobart Housing Crisis tabled by the Local Government Association of Tasmania contained in Attachment C to item 17 of the Open Council Agenda of 19 June 2023.

18.      United Nations Special Rapporteur Statement

Motion

“That Council:

1.   note the statement (the Statement) from the United Nation’s Special Rapporteur on violence against women and girls, Ms Reem Alsalem, titled Allow women and girls to speak on sex, gender and gender identity without intimidation or fear: UN Expert, dated 22 May 2023 and

2.   agree that women and girls must be able to constructively and respectfully and speak on issues of sex, gender and gender identity within the Council and in our community without fear or intimidation and

3.   consider this Statement when safety, diversity and inclusion related frameworks, strategies and plans are reviewed or developed in the future, including future reviews of the City’s Community Inclusion and Equity Framework and Social Inclusion Strategy.”

Rationale:

“Ms Alsalem has released the Statement titled Allow women and girls to speak on sex, gender and gender identity without intimidation or fear: UN Expert provided as an Attachment.

https://www.ohchr.org/en/press-releases/2023/05/allow-women-and-girls-speak-sex-gender-and-gender-identity-without

Ms Reem Alsalem is the United Nations Special Rapporteur on violence against women and girls, its causes and consequence. She is an independent consultant on gender issues, the rights of refugees and migrants, transitional justice and humanitarian response and holds a Masters in International Relations and a Masters in Human Rights Law.

Ms Alsalem has consulted widely with UN departments, agencies and programs, including UN Women, UN Human Rights Office, UNICEF, as well as for NGOs, think tanks and academia. Previously, she worked as an international civil servant, serving with the UNHCR across 13 countries where she has planned and led programs that served to protect survivors of gender-based violence, particularly women and girls.

Ms Alsalem’s statement condemns threats and intimidation directed towards women and girls who express their opinions and beliefs associated with their sex and/or sexual orientation. Ms Alsalem states that women and girls who advocate for their needs and seek to discuss the definitions of and relationships between sex, gender and gender identity must be able to safely express their concerns.

Threats and intimidation of the nature warned against by Ms Alsalem has been experienced by members of the Hobart and broader Tasmanian community and has occurred in Hobart.”

Elliot

Behrakis                                                                   That the motion be adopted.

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

The motion was lost.

Question:       With the First Nations Vote approaching, can the Chief Executive Officer advise when the multicultural training will be provided to Elected Members?

Response:     The Chief Executive Officer took the question on notice.

Question:       Can references made to the University of Tasmania, on page 15 of the City’s Affordable Housing and Homelessness Commitment, be removed when the document is next reviewed and presented to Council for endorsement?

Response:     The Chief Executive Officer took the question on notice.

Question:       Can the Chief Executive Officer give consideration to providing Council Agenda’s on the Monday before the meeting rather than the Wednesday?

Response:     The Chief Executive Officer too the question on notice.

Question:       Can the Chief Executive Officer provide a status update on the response to my previous question about direct appointments?

Response:     The Chief Executive Officer advised the data is currently being compiled but there has been a delay in reconciling the numbers. It is proposed to hold a Council workshop with a response tabled at the next Council meeting. 

Question:       Can recordings of the Closed Portion of Council meetings be provided on the Hub for Elected Members.

Response: The Chief Executive Officer took the question on notice.