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MINUTES

Open Portion

Monday, 19 August 2024

AT 5.00 pm

Council Chamber, Town Hall

 


 

Minutes (Open Portion)

Council Meeting

Page 1

 

19/8/2024

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.       Acknowledgement of Country.. 4

2.       Confirmation of Minutes.. 4

3.       Transfer of Agenda Items.. 5

4.       Communication from the Chairman.. 5

5.       Notification of Council Workshops. 5

6.       Public Question Time.. 6

7.       Petitions. 7

8.       Consideration of Supplementary Items.. 7

9.       Indications of Pecuniary and Conflicts of Interest. 7

Officer Reports

10.    Waste Management - Strategic Review.. 8

11.    Street-Side Dining Project - Evaluation and Next Steps. 9

12.    School Access Travel Plans. 11

13.    2024-25 New Fees And Charges For Information Requests and New Information Disclosure Policy and Procedures. 12

14.    Procurement - Quotation Exemption Report 13

15.    Local Government Association of Tasmania -   Motions for September General Meeting. 14

16.    RESPONSES TO QUESTIONS WITHOUT NOTICE.. 17

17.    QUESTIONS WITHOUT NOTICE.. 18

18.    Business Arising - Questions Taken on Notice During Debate. 18

19.    Closed Portion of the Meeting.. 19

Officer Report

20.    Proposed Conciliation Terms - Equal Opportunity Tasmania (EOT) - Mr J Elliot 20


 

Minutes (Open Portion)

Council Meeting

Page 1

 

19/08/2024

 

 

PRESENT:

The Lord Mayor Councillor A M Reynolds, Alderman M Zucco, Councillors W F Harvey, J L Kelly, L Elliot, Alderman L Bloomfield, Councillors R J Posselt, B Lohberger and G Kitsos.

 

APOLOGIES:

Councillor M S C Dutta.

 

LEAVE OF ABSENCE:

Deputy Lord Mayor Sherlock.

Councillor W S N Coats.

 

Councillor Elliot retired from the meeting at 5.05pm and was not present for items 10 to 12 and 14 to 19 inclusive.

 

1.       Acknowledgement of Country

 

The Lord Mayor provided an acknowledgment of country.

2.       Confirmation of Minutes

 

The Chairperson reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 22 July 2024, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

LOHBERGER

KITSOS                           

That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

The minutes were signed.

 

 

3.       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?

 

ELLIOT

POSSELT

 

That item 13 be taken after item 9.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

4.       Communication from the Chairman

 

No communication was received.

 

 

5.       Notification of Council Workshops

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that following workshops have been conducted since the last ordinary meeting of the Council.

Date:          29 July 2024

Purpose:    Elizabeth Street Vision plan | Urban Design guidelines | Battery Point walkway | Governance Structure

 

Attendance:

The Deputy Lord Mayor Councillor Z Sherlock, Alderman M Zucco, Councillors B Harvey, M Dutta, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, B Lohberger, W Coats, and G Kitsos.

Apologies:

The Lord Mayor Councillor A Reynolds

 

Date:          12 August 2024

Purpose:    Pedestrian Scramble Phase Trial - Peer Review | Review of Strategies and Plans | Model Code of Conduct Changes | Conciliation Briefing

 

Attendance:

The Lord Mayor Councillor A Reynolds, Alderman M Zucco, Councillors B Harvey, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, and G Kitsos.

Apologies:

The Deputy Lord Mayor Councillor Dr Z Sherlock, Councillor M Dutta.

Leave of Absence:
Councillor W Coats.

6.       Public Question Time

“In accordance with the procedures approved in respect to Public Questions Time, the following responses to questions taken on notice are provided to the Council for information.

 

The Council is reminded that in accordance with Regulation 31(4) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.”

 

POSSELT
LOHBERGER

 

That the following responses to public questions taken on notice, be received:

 

6.2.1 Mr Mervin Reed - Works Depot - Giblin Street

File Ref: F24/71515

Report of the Manager City Infrastructure of 19 August 2024.

6.2.2 Mr Chris Merridew - Crowther Statue

File Ref: F24/75120; 16/119-001

Report of the Chief Executive Officer of 19 August 2024.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

7.       Petitions

 

No petitions were received.

8.       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.

 

 

9.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Members of the Council are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with.

 

No interest was indicated.

 

 

Item 13 was then taken.

 

Officer Reports

 

10.     Waste Management - Strategic Review

          File Ref: F24/71640

 

 

HARVEY

KITSOS

 

That the recommendation contained within the officer report, marked as item 10 of the Open Council Agenda of 19 August 2024, be adopted.

 

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.     The report marked as item 10 of the Open Council Agenda of 19 August 2024, detailing the outcome of a strategic review of the City’s waste management services be noted.

2.     The City’s Waste Management Strategy 2015-2030 be reviewed and updated to include the identification of new waste volume and diversion targets along with the actions necessary to achieve those targets.

3.     Approval be provided for the preparation of plans for the redevelopment of the McRobies Gully Waste Management Centre to optimise material recovery from the waste stream, which will be submitted to the Council for final approval.

4.     The Chief Executive Officer be authorised to:

(i)     Undertake a review of the City’s waste management services including the associated governance arrangements including potential membership of the Southern Waste Solutions Joint Authority.

(ii)    Identify external funding opportunities to help meet the costs associated with the redevelopment of the McRobies Gully Waste Management Centre.

(iii)    Report back to the Council following completion of these actions.

 

 

11.     Street-Side Dining Project - Evaluation and Next Steps

          File Ref: F24/64071

 

 

HARVEY

KITSOS

 

That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 19 August 2024, be adopted.

 

 

 

 

 

HARVEY

POSSELT

 

That Alderman Bloomfield be granted an extra two minutes to address the item.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

 

AMENDMENT

POSSELT

BLOOMFIELD

 

That clause 1 be amended to exclude Simple Cider (189 Elizabeth Street) and Pilgrim Coffee (54 Liverpool Street), to be included in a new clause 6 to read as follows:

 

“6.    Officers to seek further data acquisition on the Simple Cider (189 Elizabeth Street) and Pilgrim Coffee (54 Liverpool Street) installations and report back to the Council.”

 

 

AMENDMENT LOST

VOTING RECORD

AYES

NOES

Bloomfield

Lord Mayor Reynolds

Posselt

Zucco

Lohberger

Harvey

 

Kelly

 

Kitsos

 

 

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Harvey

Bloomfield

Kelly

Posselt

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.     Subject to confirmed trader commitment to participate and fully utilise and activate the spaces, all three current Street-Side Dining installations: Simple Cider (189 Elizabeth Street), Straight Up Coffee + Food (202a Liverpool Street) and Pilgrim Coffee (54 Liverpool Street) be reinstalled using precast concrete kerb, and hotmix infill as used in the widened footpaths in Midtown Elizabeth Street, with these remaining in place for an extended period, initially five years.

2.     The installation of the area associated with Simple Cider be subject to the owner of that business being in receipt of an occupancy permit that is not for a temporary period.

3.     Each participating business be charged for the full cost of installation per site of $10,000, payable in yearly instalments of $2,000, an annual planter box hire and maintenance fee of $800, plus the applicable outdoor dining fee, all figures being exclusive of GST.

4.     The cost of removing the current installations (estimated to be $15,000) and an allocation for the occasional maintenance of the extended footpaths ($3,000), be met by the City of Hobart.

5.     A further report be presented to the Council with a view to establish an ongoing Street-Side Dining Program, supported by Policy and Guidelines including for those traders and others that may want to establish extended on-street dining or activity spaces of their own.

 

 

12.     School Access Travel Plans

          File Ref: F24/62095; 17/116

 

 

LOHBERGER

POSSELT

 

That the recommendation contained within the officer report, marked as item 12 of the Open Council Agenda of 19 August 2024, be adopted.

 

 

 

The Lord Mayor vacated the Chair in order to second the amendment.

 

Alderman Zucco assumed the Chair for the discussion on the amendment.

 

AMENDMENT

KITSOS

REYNOLDS

 

That clause 2 be amended by the deletion of the word “considered” to be replaced by the word “implemented” and;

 

A new clause 4 be included to read as follows:

 

“4.  Further work be undertaken to investigate formalised crossings at strategic locations in School Active Travel Plans.”

 

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Harvey

Bloomfield

Kelly

 

Posselt

 

Lohberger

 

Kitsos

 

 

The Lord Mayor resumed the Chair.

 

 

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.     The Council endorse the School Active Travel Plans marked as attachments A, B and C to item 12 of the Open Council Agenda of 19 August 2024 for:

(i)     Goulburn Street Primary School;

(ii)    New Town Primary School; and

(iii)    South Hobart Primary School

2.     The Council notes that projects and programs identified in these plans will be progressively implemented through the annual budget process.

3.     The Council note that the program will continue with other schools within the Hobart Local Government Area as funding becomes available.

4.     Further work be undertaken to investigate formalised crossings at strategic locations in School Active Travel Plans.

 

 

Item 14 was then taken.


 

 

13.     2024-25 New Fees And Charges For Information Requests and New Information Disclosure Policy and Procedures

          File Ref: F24/71890; 22/16

 

 

HARVEY

POSSELT

 

That the recommendation contained within the officer report, marked as item 13 of the Open Council Agenda of 19 August 2024, be adopted.

 

 

 

 

PROCEDURAL MOTION

ELLIOT

BLOOMFIELD

 

That the item be deferred to a workshop before being further considered by the Council.

 

 

PROCEDURAL MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Posselt

Zucco

 

Harvey

 

Kelly

 

Elliot

 

Bloomfield

 

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

 

That the item be deferred to a workshop before being further considered by the Council.

 

 

Item 10 was then taken.

 

 

 

 

 

 

14.     Procurement - Quotation Exemption Report

          File Ref: F24/66643

 

 

HARVEY

LOHBERGER

 

That the recommendation contained within the officer report, marked as item 14 of the Open Council Agenda of 19 August 2024, be adopted.

 

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

That the Council note the exemptions granted from the requirement to seek three written quotations for the period 1 April to 30 June 2024, marked as Attachment A to item 14 of the Open Council Agenda of 19 August 2024.

 

 

15.     Local Government Association of Tasmania -
Motions for September General Meeting

          File Ref: F24/74283

 

 

HARVEY

LOHBERGER

 

That the recommendation contained within the officer report, marked as item 15 of the Open Council Agenda of 19 August 2024, be adopted.

 

The meeting agreed to vote on each clause separately.

 

 

The Lord Mayor put clause (i) of the motion.

 

MOTION CARRIED

Clause (i)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

The Lord Mayor put clause (ii) of the motion.

 

MOTION CARRIED

Clause (ii)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

The Lord Mayor put clause (iii) of the motion.

 

MOTION CARRIED

Clause (iii)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

The Lord Mayor put clause (iv) of the motion.

 

MOTION CARRIED

Clause (iv)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

The Lord Mayor put clause (v) of the motion.

 

MOTION CARRIED

Clause (v)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

That the Council resolve to instruct its delegates to:

(i)     vote in favour of the motion on Psychosocial Safety tabled by Burnie City Council contained in Attachment B at 2.1 of the Open Council Agenda of 19 August 2024:

(ii)    vote in favour of the motion on Working with Vulnerable People Cards tabled by the Devonport City Council contained in Attachment B at 2.2 of the Open Council Agenda of 19 August 2024.

(iii)    vote in favour of the motion on Councillor Allowances tabled by George Town Council contained in Attachment B at 2.3 of the Open Council Agenda of 19 August 2024.

(iv)   vote against the motion on the Substantial Commencement of Work tabled by Circular Head Council contained in Attachment B at 2.4 of the Open Council Agenda of 19 August 2024

(v)    vote in favour of the motion on the Wild and Nuisance Pigs tabled by Central Coast Council contained in Attachment B at 2.5 of the Open Council Agenda of 19 August 2024.

 

 

16.     RESPONSES TO QUESTIONS WITHOUT NOTICE

          File Ref: F24/72359

 

 

The Council is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.

 

LOHBERGER

BLOOMFIELD

 

That the recommendation contained within the officer report, marked as item 16 of the Open Council Agenda of 19 August 2024, be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

That the following responses to questions without notice be received and noted:

 

16.1 Aboriginal Commitment Action Plan

Memorandum of the Acting Director Connected City 2 August 2024.

 

 

16.2 Social Media – Graphic Design

Memorandum of the Acting Head of Intergovernmental Relations and Partnerships 1 August 2024.

16.3 Milk Supplies

Memorandum of the Director City Enablers 31 July 2024.

16.4 Neighbourhood Plans - Costs

Memorandum of the Director City Futures 2 August 2024.

16.5 Summary of Contractors for Business Management

Memorandum of the Director City Enablers 31 July 2024.

16.6 Discrimination Cases

Memorandum of the Manager Legal and Corporate Governance 30 July 2024.

 

 

 

 

 

 

17.     QUESTIONS WITHOUT NOTICE

          File Ref: F24/67207

 

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

No questions were asked at the meeting.

 

 

 

 

 

18.     Business Arising - Questions Taken on Notice During Debate

          File Ref: F24/74436

 

 

HARVEY

BLOOMFIELD

 

That the recommendation contained within the officer report, marked as item 18 of the Open Council Agenda of 19 August 2024, be adopted.

 

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

COUNCIL RESOLUTION:

 

That the register of questions arising during debate, marked as Attachment A, to item 18 of the Open Council Agenda of 19 August 2024 be received and noted.

 

 

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:   

 

·       personal hardship of a ratepayer in the municipal area

·       information of a confidential nature provided that it remain confidential

·       matters relating to possible litigation involving the Council

 

The following items were discussed:-

 

Item No. 1        Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2        Communication from the Chairman

Item No. 3        Leave of Absence

Item No. 4        Consideration of supplementary Items to the agenda

Item No. 5        Indications of pecuniary and conflicts of interest

Item No. 6        2024-25 Rates - Variation Objections

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

Item No. 7        Part of 10 Old Proctors Road, Tolmans Hill - Resolution of Lease Issues

LG(MP)R 15(2)(i)

Item No. 8        Proposed Conciliation Terms – Equal Opportunity Tasmania (EOT) – Mr J Elliot

LG(MP)R 15(2)(i)

Item No. 9        RESPONSES TO QUESTIONS WITHOUT NOTICE

LG(MP)R 15(2)(a) and (i)

Item No. 10       QUESTIONS WITHOUT NOTICE

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

 

SHERLOCK

DUTTA                                            That the recommendation be adopted.

MOTION CARRIED
ABSOLUTE MAJORITY

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Zucco

 

Harvey

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

Kitsos

 

 

 

 

 

 

 

Officer Report

 

 

Item 20, (listed as item 8 of the Closed Agenda of 19 August 2024) has been recorded in the Open portion of the meeting in accordance with clause 2 of the Closed Council resolution.

 

20.     Proposed Conciliation Terms - Equal Opportunity Tasmania (EOT) - Mr J Elliot

          File Ref: F24/75193

 

 

COUNCIL RESOLUTION:

 

 

That:

2.   The apology (as shown below) be placed into the Open minutes of the 19 August 2024 Council meeting as provided for under Regulation 15(8) Local Government (Meeting Procedures) Regulations 2015.

 

“I write to formally apologise in relation to your previous application to become a member of our Economic Portfolio Committee and the need to make associated complaint to Equal Opportunity Tasmania (EOT) which progressed to the Tasmanian Civil & Administrative Tribunal (TASCAT).

 

Agreed outcomes through conciliation process with TASCAT included that Council would appoint you to the Economic Portfolio Committee that you were originally recommended for and provide you with a public apology. This letter will also appear on our meeting agenda of 19 August 2024.

 

I can confirm that officers are in the process of appointing you to the Committee and will contact you directly. Council is also in the process of amending the relevant terms of reference (an agreed outcome of the TASCAT process).

 

We commit to improving our knowledge, policies, and practices to avoid similar situations in the future, which will include training for our councillors and staff of the relevant policies and Acts that we must comply with (also an agreed outcome of the TASCAT process.

 

We view this matter as a serious issue and commit to learning from this situation. In hindsight, Council should have sought a deeper understanding of these issues before calling for expressions of interest from members of the community. Thank you for raising this important matter.”

 

 

 

 

 

 

There being no further business the Open portion of the meeting closed at 6.14pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
16th DAY OF SEPTEMBER 2024.

CHAIRperson