Minutes (Open Portion)

Council Meeting

Page 2

20/2/2023

Minutes (Open Portion)

Council Meeting

Page 1

20/02/2023

The Chairman reports that she has perused the minutes of the meeting of the
Open Portion of the:

·      Council meeting held on Monday, 23 January 2023,

·      Finance and Governance Committee meeting held on Tuesday, 23 August 2022,

·      City Infrastructure Committee meeting held on Wednesday, 31 August
2022,

·      Economic Development and Communications Committee held on Thursday 29 September 2022,

·      Community, Culture and Events Committee meeting held on Thursday, 1 September 2022,

·      Parks and Recreation Committee meeting held on Thursday, 13 October 2022,

and 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 City of Hobart joins the worldwide outpouring of sadness about the terrible earthquake that hit Türkiye and surrounding countries including Syria on 6 February 2023 that has killed more than 46,000 people with the death toll expected to rise to many more.

The Turkish and Syrian communities of Hobart are understandably very worried about friends and family in their homeland and we want to reassure you of our support.

The City’s thoughts are with these communities in Hobart and the city’s heartfelt sympathy and condolences go to those who may have suffered a tragic loss through this terrible event.

As part of the role as Lord Mayor and the duties set out under the Local Government Act 1993, the Lord Mayor produced her 2021-2022 annual report.

It outlined the work that is carried out in her capacity as Lord Mayor to meet the eight specific functions and duties under legislation.

Some interesting statistics in key areas included:

·           Receiving and responding to 1,190 individual items of correspondence

·           62 one-on-one constituent meetings, including at 20 Mayor in the Chair sessions held in places around the City.

·           185 additional meetings with organisations, businesses and government agencies and politicians; and

·           Launched or opened 169 events, hosted 19 receptions, run 14 Town Hall sessions for schools and provided 91 media interviews.

The Report will be made available on the Council’s website.

Mr Douglas Cartwright put the following questions which were taken on notice by the Lord Mayor.

1.    Can Council continue to justify allowing faceless companies to leave inner city buildings empty when so many citizens have no safe place to stay?

2.    Will Council make orders extinguishing title to buildings we the people considered to be un-utilised?

3.    Will Council commit all parking revenue towards funding a project to house the homeless in empty buildings?

10.      Elected Member Model Code of Conduct Review

Burnet

Sherlock                                                                                                                  

That the recommendation contained in the officer report marked as item 10 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council adopt the model code of conduct marked as Attachment A to item 10 of the Open Council agenda of 20 February 2023.

11.      Response to Petition - Keep Council Local

Harvey

Posselt                                                                                                                      

That the recommendation contained in the officer report marked as item 11 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      Council notes that the current review of the City’s Community Engagement Framework is exploring models of contemporary engagement, including participatory budgeting.

2.      Council notes that the Community Engagement Framework will be developed in consultation with community and stakeholders and presented to Council for endorsement in the first half of 2023.

3.      The petitioner be advised of the Councils decision.

12.      Response to Petition - Name Change Macquarie Street

Burnet

Sherlock                                                                                                                  

That the recommendation contained in the officer report marked as item 12 of the Open Council agenda of 20 February 2023, be adopted.

Amendment

Harvey

Lohberger                                                                                                               

That an additional clause be added to read as follows:

3.    That students are encouraged to continue investigation on the topic and should apply for a Creative Hobart Arts Grant to fund an interpretive piece of work.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The renaming of Macquarie Street is not pursued any further as it does not comply with the principles detailed in the State Government’s Tasmania Place Naming Guidelines.

2.    The petitioners be notified of the Council decision.

3.    That students are encouraged to continue investigation on the topic and should apply for a Creative Hobart Arts Grant to fund an interpretive piece of work.

13.      Procurement - Quotation Exemption Report

Burnet

Harvey                                                                                                                        

That the recommendation contained in the officer report marked as item 13 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      The report titled ‘Procurement – Quotation Exemption Report’ be received and noted.

2.      The Council note the exemptions granted from the requirement to seek three written quotations for the period 1 July to 31 December 2022.

14.      Parking Discount Scheme Options

Burnet

Sherlock                                                                                                                  

That the recommendation contained in the officer report marked as item 14 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.       Council notes the report prepared in relation to shop and save parking incentives.

2.      Council consider its preferred approach to parking discounts as an incentive to stimulate retail activity through the Parking Strategy currently under development.

15.      Notice of Motion Response - UTAS Community Consultation

Burnet

Harvey                                                                                                                        

That the recommendation contained in the officer report marked as item 15 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council note the advice:

(i)      That UTAS is not a partner in the Hobart City Deal, however, as with many other organisations in Greater Hobart, their planning and activities can have an impact on the Key Focus Areas of the Hobart City Deal.

(ii)     The change in the description of the UTAS Southern Transformation Project between February 2019 and the release of the City Deal Implementation Plan in October 2019 was made to reflect the evolving nature of this externally driven project progressed by UTAS as a non-partner to the City Deal and outside the Hobart City Deal.

16.      Relocation of Vehicles from Bidencopes Lane to Centrepoint Carpark

Harvey

Posselt                                                                                                                      

That the recommendation contained in the officer report marked as item 16 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That :  1.      The Council enter into a lease with the owner of that part of Bidencopes Lane shown on Attachment A to item 16 of the Open Council agenda of 20 February 2023, for a period of up to ten (10) years with two options for a further ten (10) years each at a nominal rent.

2.      As part of the agreement, the Council grant a licence to Centrepoint for the use of 8 car spaces on ramp one of the Centrepoint Carpark.

3.      The Chief Executive Officer be delegated the authority to negotiate and agree to the terms of the agreements.

17.      Financial Report as at 31st December 2022

Behrakis

Sherlock                                                                                                                  

That the recommendation contained in the officer report marked as item 17 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      The Financial Report for the period ending 31 December 2022 be noted; and

2.      The proposed Mid-Year Variation Request updates to the City’s 2022-23 Budget Estimates be approved.

18.      City of Hobart Submission to Wellington Park Visitor Recreation Draft Strategy

Posselt

Sherlock                                                                                                                  

That the recommendation contained in the officer report marked as item 18 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That Council note the City of Hobart’s submission to the Wellington Park Visitor Recreation.

19.      Request to Install Memorial Plaque - Iranian Community - Women, Life, Freedom Campaign

Sherlock

Burnet                                                                                                                        

That the recommendation contained in the officer report marked as item 19 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      Approval be granted for the installation of a plaque and associated tree planting (Cypress tree: Pencil Pine) at a location approved by the Director City Life in consultation with the Iranian Community Tasmania.

2.      All costs for production and installation of the plaque to be met by City of Hobart as part of its International Women’s Day and Multicultural Commitments.

3.      The wording and location of the plaque will be to the satisfaction of the Director Connected City and Director City Life.

20.      Annual General Meeting Motions

Sherlock

Posselt                                                                                                                      

That the recommendation contained in the officer report marked as item 20 of the Open Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That in accordance with Section 72B of the Local Government Act 1993, the Council note the following two motions adopted unanimously at the City of Hobart Annual General Meeting of 28 November 2022:

a)   The minutes of the Annual General Meeting held on Monday, 22 November 2021, be confirmed as an accurate record.

b)   That the City of Hobart Annual Report for 2021-22 be adopted.

21.      Culture and Workforce - Strategic Plan

Councillor Elliot

Motion:

“That the Council:

1.   note that the successful execution of the Council’s strategy is contingent on the City of Hobart being supported by a healthy organisational culture and a skilled, resilient and appropriately structured and resourced workforce that feels valued, heard, understood, informed and supported and

2.   include in its updated Strategic Plan an outcome(s) and strategies that relate to the Council’s desired organisational culture and workforce.”

Rationale:

“The achievement of organisational goals is inextricably linked to an organisation’s culture and workforce. Like other organisations, we have a vision we are working towards, a strategy to get there, work to be undertaken, and an organisational culture and workforce with its own strengths and weaknesses.

A staff survey undertaken in July 2021 highlighted a range of areas related to culture and our workforce that require attention. Areas for improvement include how the organisational deals with bullying, gender and mental health issues, and how it manages vacancies, retention, understaffing and loss of expertise. The survey also highlighted the need to ensure that staff feel heard, valued and supported and to improve the organisational culture and staff morale more broadly, particularly in relation to leadership culture and relationships.

The Council is currently undertaking a review of its Strategic Plan. At present, the Strategic Plan does not capture outcomes to work towards that relate to improving the City’s organisational culture and/or ensuring it has a workforce that is structure, resourced and appropriately supported to deliver on the organisational strategy. This motion intends to fill that important gap and elevate the importance of our culture and workforce through inclusion in a pivotal Council publication.

It is intended that the organisational culture and workforce related outcomes and strategies for inclusion in the Strategic Plan will be provided to the Council through the CEO as part of the process currently underway to update the Strategic Plan.”

Elliot

Zucco                                                                         That the motion be adopted.

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

The motion was lost.

22.      Change rooms, toilets and showers

Councillor Elliot

Motion:

“That the Council:

1.   acknowledge that all community members should be able to feel safe and comfortable using the City’s change rooms, and toilet and shower facilities and

2.   adopt a policy position that as the City develops new and/or renovates existing change rooms, and toilet and shower facilities, that:

a)   where communal shared spaces are offered, that it will seek to provide at least three segregated communal shared spaces; namely a space for females/women, a space for males/men, and a space that is for people of all sexes and genders, noting that this is in addition to (not replacement of) any other spaces where there is a requirement or other need (such as accessible facilities for people with a disability and facilities for parenting and family groups) and

b)   it will seek to increase the supply of separate, individual change room, toilet and shower facilities which are solely used by an individual or a group known to each other (such as a family group) which can be accessed directly without passing through a segregated communal shared space.”

Rationale:

“Full and active participation in our community, including involvement in sport and recreation activities, necessitates access to public change rooms, toilets and showers where our community can feel safe and comfortable.

Changes to Tasmanian anti-discrimination and gender related legislation have made it legal for people to use facilities that align with their gender identify, opposed to their biological sex. The Council does and must continue to comply with this legislation.

Due to changes in the legislative and social environment, and society more broadly – including the rapid growth of gender-diverse populations, particularly with younger people https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0202330, https://www.nytimes.com/2022/06/10/science/transgender-teenagers-national-survey.html  – risks, tensions, wants and needs around the access to and use of public change room, toilet and shower facilities will occur and likely and escalate. Council should be proactive in responding to the needs of our community.

At present, the change room, toilet and shower facilities the City provides are typically (with some exceptions) segregated by gender, with separate spaces for men and women, and separate facilities for people with a disability and parenting spaces.

This motion seeks to expand the choice in change room, toilet and shower facilities provided by the City by adding the option of a third space with is open to people of all sexes and genders and increasing the amount of individual facilities available. This motion does not seek to abolish the provision of spaces which are separated by gender. It also does not intend to replace spaces that have another purpose, such as parenting facilities, family facilities and facilities for people with a disability.

At present, there are multiple situations where our community members can feel unsafe and/or uncomfortable using our facilities.

For example, to feel safe and comfortable many women want access to facilities where they can have assurance that the users of that space will be the same biological sex as them (excluding young children, for obvious reasons). Tasmanian law no longer provides women with this assurance.

UK based organisation, Sex Matters, surveyed over 7000 people in 2022, with 97% of respondents saying that they value single-sex spaces and services. 98% of the women who responded said they wanted for themselves and for the girls in their family to be to be able to change, shower and use the toilet in privacy, away from members of the opposite sex. https://sex-matters.org/posts/single-sex-services/why-do-single-sex-services-matter/

The reasons many women feel unsafe or uncomfortable sharing change rooms, toilets and showers with people of the opposite sex are vary and valid. Importantly, it is not for Council to judge the validity of these reasons but to understand that they are the views and experiences of a large portion of the community it has been elected to represent.

Some of the reasons women may feel unsafe or uncomfortable include:

1.   having experienced trauma such as rape, sexual abuse, assaults by a male perpetrator, with research showing that:

a)   9.4% of women have experienced violence by a stranger since the age of 15 https://www.ourwatch.org.au/quick-facts/) and

b)   18% of women have experienced sexual violence since the age of 15 (https://www.ourwatch.org.au/quick-facts/) and

c)   more than one in three Australians experienced violence by a male perpetrator since the age of 15 (36% or 6.7 million), compared to one in ten by a female perpetrator (11% or 2 million) (https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/latest-release

2.   having experienced harassment, exhibitionism and voyeurism by a man, in a time where half of women and a quarter of men had experienced sexual harassment https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/2016

3.   feeling self-conscious, uncomfortable or traumatised by having to change in front of people the opposite sex (https://www.foxsports.com.au/more-sports/horrendous-outrage-as-swimmer-left-in-tears-over-transgender-locker-room/news-story/df574f1e87482560168bc9e4d41c5712)

4.   feeling intimidated or threatened from a safety perspective when being in vulnerable spaces with biological men given:

a)   their inherent physical dominance over females (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3761733/) and

b)   the proven patterns of male criminality, particularly in relation to violent crimes https://findanexpert.unimelb.edu.au/news/16315-men-are-more-likely-to-commit-violent-crimes.-why-is-this-so-and-how-do-we-change-it%3F which are retained for trans women (including for violent crime), with male-to-females having a significantly increased risk for crime compared to female but not compared to males https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0016885 and

c)   that around 97% of Australia’s sexual assault offenders are men (https://www.abs.gov.au/media-centre/media-releases/97-cent-sexual-assault-offenders-are-male) and that

d)   that coming out of Canada, the finding that over 80% of gender diverse offenders in their prison system with sexual offence histories were trans-women, with the highest proportion of their victims being children or female (https://publications.gc.ca/collections/collection_2022/scc-csc/PS84-210-2022-eng.pdf).

5.   people who cannot be seen out of certain attire by men because of their culture and/or religious beliefs.

Similarly, gender-diverse people can feel unsafe and uncomfortable and face violence, abuse and harassment if they are perceived as using the ‘wrong’ facility (https://search.informit.org/doi/abs/10.3316/informit.378342500024203).

A paper by the Western Australia Equal Opportunity Commission states that 97 percent of gender-diverse people who said they would feel comfortable using an all gender bathroom also said they would prefer to do so over typical gendered facilities (https://www.wa.gov.au/system/files/2023-02/Changing%20rooms%20for%20gender%20diversity%20issues%20paper%2002.23.pdf)

Sadly, the rates of depression, anxiety and suicide are significantly higher for gender-diverse people compared to the general population (https://www.orygen.org.au/About/News-And-Events/2022/Mental-health-and-suicide-risk-in-trans-and-gender) and toilets are viewed as being among the least safe spaces for gender diverse people (https://www.mdpi.com/1660-4601/19/16/10089)

Furthermore, people should not feel forced to use facilities which are intended for individual use by people with a disability or family groups because they feel unsafe or uncomfortable using a communal space.

The motion does not (and cannot) resolve the many and deep tensions around the provision and removal of single-sex change rooms, toilets and showers.

This motion does not intend to restrict or deter gender-diverse people from using the facility of their choosing. It does seek to provide a third option which has the potential to increase the likelihood that more of our community members feel safe and comfortable in their chosen space.

This motion is intended to provide a logical response to a complex issue, within the City’s legislative constraints and considering the Council’s jurisdiction and authority.”

Elliot

Zucco                                                                                                                          

That the motion be adopted with the vote for each clause taken separately.

Behrakis

Dutta                                                                                                                           

That Councillor Elliot be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

Posselt

Dutta                                                                                                                           

That Councillor Sherlock be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

Behrakis

Harvey                                                                                                                        

That Alderman Zucco be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

The Lord Mayor then put clause 1 of the motion.

MOTION LOST
CLAUSE 1

VOTING RECORD

The Lord Mayor then put clause 2(a) of the motion.

MOTION LOST
CLAUSE 2(a)

VOTING RECORD

The Lord Mayor then put clause 2(b) of the motion.

MOTION LOST
CLAUSE 2(b)

VOTING RECORD

COUNCIL RESOLUTION:

The motion was lost.

23.      'Whole of House' Short Stay Accommodation Permits

Motion:

“That a report be prepared as soon as practicable that considers a range of options to ensure that whole of house/apartment residential properties that are advertised as full time short stay accommodation have permitted use rights.

The report consider a mechanism to be implemented that ensures the above short stay accommodation providers have the required permits in place and monitored by the Council regularly.

 The report also considers options that all full time residential converted properties to short stay are registered on a yearly bases similarly to the hospitality industry with inspections in accordance to the health act again similarly to the hospitality industry.

The report further consider options to also regulate and monitor other participants in the industry that use their residence that are not full house/apartments or full time providers that may use their personal residence for short stay accommodation similarly to a home business registrations.”

Rationale:

“A number of operators in the industry have brought to my attention that there are a vast number of whole of house/apartments listed on short stay sites that do not have the appropriate permits and approvals and operating under an “exempt” option on these sites.

I am fully aware of the process to register on short stay provider sites but a number of operators are using the "exempt" options to overcome the permit number option. The other point is who is monitoring the industry to ensure all operators are permitted.

That considering there are those who have pursued appropriate permits it’s imperative that the Council regulates and monitors the industry with an intent to shut down those that are operating without permits.

As per generally the council would not allow a hospitality business to operate without the appropriate approvals and registration. So on that basis it is time the Council pursued a far more regulated short stay industry to ensure the industry is operating within their permitted use.

A registration similar to the hospitality industry would play a role in the monitoring of the industry and the fees would provide the council funding to ensure that the industry is monitored appropriately.

There are a vast number of Councils now introducing registrations regulations and also their use for rating the property with one example attached. 

https://www.abc.net.au/news/2023-02-07/warrnambool-introduces-short-stay-accommodation-provider-fee/101938376.”

Zucco

Behrakis                                                                                                                    

That the motion be adopted.

Behrakis

Harvey                                                                                                                        

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

MOTION CARRIED

VOTING RECORD

SUBSTANTIVE MOTION LOST

VOTING RECORD

Motion without notice

Posselt

Burnet                                                                                                                        

“That the Council write to the State Government expressing concerns about the legislative framework on regulation of Short Stay Accommodation across Tasmania and the ability for councils to ensure compliance with the relevant regulation. The letter should also make mention of the desire to charge a fee for service for regulation compliance activity for the purposes of cost recovery and/or as a deterrent mechanism for conversion of whole homes to short stay accommodation.”

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council write to the State Government expressing concerns about the legislative framework on regulation of Short Stay Accommodation across Tasmania and the ability for councils to ensure compliance with the relevant regulation. The letter should also make mention of the desire to charge a fee for service for regulation compliance activity for the purposes of cost recovery and/or as a deterrent mechanism for conversion of whole homes to short stay accommodation.

24.      Inclusive and Welcoming City

Motion:

“That 1.

1.   Council reaffirms the City’s commitment to inclusion and equal access through the Community Inclusion and Equity Framework AND that the LGBTIQ+ commitment is reviewed and refreshed as a priority this year AND that a LGBTIQ+ reference group is established.

2.   The City provide all elected members equality, inclusion and gender diversity training through a formal workshop. Specifically their obligations as they relate to the Council’s Social Inclusion Policy and the Anti-Discrimination Act 1998 (Tas).

3.   Council recognise that gender identity is enshrined in the Anti-Discrimination Act 1998 and therefore under law, anyone who identifies as a woman should be treated as a woman, anyone who identifies as a man should be treated as a man and non-binary people are non-binary people.

4.   The CEO write to the Director of Local Government requesting an investigation into any Councillor who’s conduct as it relates to the LGBTIQ+ community may breach the Code of Conduct and relevant State Legislation, including but not limited to the Local Government Act 1993 and the Anti-Discrimination Act 1998 (Tas) (example conduct in Appendix 1).”

Rationale:

“The City’s Community Inclusion and equity framework, LGBTIQ+ commitment states:

In alignment with the Universal Declaration of Human Rights, the Council recognises the fundamental right of every individual to participate socially, culturally, economically, physically, spiritually and politically in society. The Council acknowledges that each member of the community has their own set of strengths, skills and resources and that the contribution of these is of benefit to the whole community. The Council recognises that not everyone’s experience of our community is the same. We acknowledge the systemic barriers within the built, social and information environment that prevent people from thriving and contributing to society. Barriers include lack of employment opportunities, poverty, low literacy and numeracy, ill health, intimate and family violence, inadequate support services, stigma and discrimination and lack of housing affordability. These are challenges which the Council is committed to addressing through advocacy, partnership and direct action. Council commits to building social inclusion and actively reducing discrimination on the ground of any attribute listed under section 16 of the Anti-Discrimination Act 1998. The Council commits to social inclusion and compliance with relevant anti-discrimination legislation in all aspects of council operations including strategic planning, service delivery, communications and design and delivery of public spaces

In 2008, the City of Hobart formally apologised to Tasmania’s Lesbian, Gay, Bisexual, Transgender, Intersex and Queer + (LGBTIQ+) communities for the discriminatory and hurtful behaviour it had undertaken in preventing the campaigning of gay law reform at the Salamanca Market in 1988.

Today, the City of Hobart is a proud supporter of LGBTIQ+ communities, as signified by the Hobart City Council’s decision to fly the Rainbow Flag over the Hobart Council Centre until marriage equality was realised in 2017. However, we recognise that despite social progress, in areas such as marriage equality, LGBTIQ+ people continue to experience harassment, discrimination and violence because of their sexuality and/or gender identity. These experiences can contribute to psychological distress, homelessness, and challenges with alcohol and other drugs that are disproportionately experienced by LGBTIQ+ people

The City celebrates the contributions that LGBTIQ+ individuals and communities make to our municipality and the commitment aims to demonstrate how we continue to support these communities to be proud, visible and responsive to the challenges they face.

Furthermore, under the Anti-Discrimination Act 1998 (Tas) (“the Act”), it is discrimination when a person is treated worse than other people or disadvantaged because they have a particular characteristic, such as their age, race, sex, or disability. Sexual orientation, Gender, Gender identity and Intersex variations of sex characteristics are in the Act. This would include the organisation of and participation in protests that target minority groups based on those characteristics.

Lastly, section 28(1) of the Local Government Act 1993 A councillor, in the capacity of an individual councillor, has the following functions:

(a) to represent the community;

(b) to act in the best interests of the community;

The City of Hobart is a welcoming city, our city is a diverse city where everyone should feel welcomed to participate society regardless of their identity, race, religion or sexuality.”

Posselt

Lohberger                                                                                                               

That the motion be adopted amended by the removal of Clause 4.

Amendment

Elliot                                                                                                                          

That clause 3 be amended to read as follows:

“Council note that gender identity is a prescribed attribute in the Anti-Discrimination Act 1998 and that the Act prohibits discrimination based on a range of attributes, including gender identity”

The amendment lapsed for want of a seconder.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That    1.      Council reaffirms the City’s commitment to inclusion and equal access through the Community Inclusion and Equity Framework AND that the LGBTIQ+ commitment is reviewed and refreshed as a priority this year AND that a LGBTIQ+ reference group is established.

2.      The City provide all elected members equality, inclusion and gender diversity training through a formal workshop. Specifically their obligations as they relate to the Council’s Social Inclusion Policy and the Anti-Discrimination Act 1998 (Tas).

3.      Council recognise that gender identity is enshrined in the Anti-Discrimination Act 1998 and therefore under law, anyone who identifies as a woman should be treated as a woman, anyone who identifies as a man should be treated as a man and non-binary people are non-binary people.

27.      Sandy Bay Neighbourhood Plan

Sherlock

Posselt                                                                                                                      

That the recommendation contained in the officer report marked as Supplementary item 27 of the Open Council agenda of 20 February 2023, be adopted amended to include the words “and Mount Nelson” after the words “Sandy Bay”.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the Sandy Bay and Mount Nelson Neighbourhood Plan Boundaries and indicative timing of the key planning milestones of the project.

28.      Draft Central Hobart Precincts Structure Plan

Ref:   Closed Council 6, 20/02/2023

Burnet

Dutta                                                                                                                           

That the recommendation contained in the officer report marked as item 6 of the Closed Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the release of the Central Hobart Precincts Plan Discussion Paper marked as Attachment A in item 6 of the Closed Council agenda of 20 February 2023 and provided as an attachment to these Minutes, for the purpose of public exhibition and further stakeholder and community consultation.

Attachment

a    Central Hobart Precincts Structure Plan Discussion Paper ⇨  

29.      E-Scooter Trial Findings

Ref:   Closed Council 8, 20/02/2023

That the recommendation contained in the officer report marked as item 8 of the Closed Council agenda of 20 February 2023, be adopted.

Burnet

Behrakis                                                 That the recommendation be adopted.

Amendment

Lohberger

Dutta                                                                                                                           

That the following additional clauses be included, and the vote for each clause be taken separately:

6.         A process be run to identify an operator for an eScooter hire business in Hobart, and that the preferred operator demonstrate the ability to meet the following licence conditions:

-            Use a restricted parking model under which eScooters must be returned to set locations around the city that will be identified on the app and through on-ground signage;

-            Prevent the parking of eScooters on footpaths within a 2km radius of the Elizabeth Street Mall in Hobart’s CBD. except at the discretion of the CEO of the City of Hobart to address specific issues;

-            Has a high quality and proven geo-fencing technology that can include and enforce total no-ride zones, footpath no-ride zones, no-parking zones, and speed-restricted zones.

-            Meet agreed performance standards for the removal of eScooters within a set timeframe when they are parked within 2km of Elizabeth mall, or are parked in a way that obstructs the public right-of-way, or are left in a position that is irretrievable by the general public;

-            Demonstrates an ability to maintain a local point of contact and service delivery for local residents to lodge complaints or make suggestions;

-            Have high-quality 3^rd-party insurance coverage;

-            Offer concessional travel to low-income earners; and,

-            Provide a report back to Council every 12 months regarding the performance of its parking arrangements and mitigation strategies.

7.         The City of Hobart will invest all future eScooter licence fees into the provision of shared on-street parking stations and transit lanes for bicycles, eBikes, and eScooters.

8.         The Lord Mayor to write to the Tasmanian Government on behalf of the City of Hobart, calling for:

legislative and financial support to expedite the construction of separated lanes for bicycles, eBikes, and eScooters in Hobart; and better promotion and enforcement of fines for breaches of Tasmania’s road rules by e-scooter riders (eg. doubling, use of helmets, riding under the influence).

The Lord Mayor then put clause 6 of the amendment.

AMENDMENT LOST
CLAUSE 6

VOTING RECORD

The Lord Mayor then put clause 7 of the amendment.

AMENDMENT CARRIED
CLAUSE 7

VOTING RECORD

The Lord Mayor then put clause 8 of the amendment.

AMENDMENT CARRIED
CLAUSE 8

VOTING RECORD

Behrakis

Sherlock                                                                                                                  

That Alderman Zucco be granted a one minute extension to address the meeting.

MOTION CARRIED

VOTING RECORD

Amendment

Dutta

Lohberger                                                                                                               

That Clause 1 be amended by the addition of the following line after the word “operators”:

“; and that a further report be provided to Council on the license arrangements before finalising”

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      Hire-and-ride micromobility be continued as a service in Hobart under a license arrangement with operational conditions determined by the CEO following the conclusion of the trial under new arrangements between the City and operators; and that a further report be provided to Council on the license arrangements before finalising

2.   City officers continue to research and implement solutions to safety and parking issues based on community and stakeholder engagement, and evidence-based analysis;

3.   Particular issues of micromobility devices be prioritised in the City’s Local Area Mobility Plans, including footpath and path infrastructure improvements.

4.   Determination of day-to-day operational conditions of the trial and responsibility for changes to these conditions be delegated to the CEO.

5.   In accordance with regulation 15 (8) of the Local Government (Meeting Procedures) Regulations 2015, the Council has considered whether any discussion, decision, report or attachment related to this item can be released to the public, taking into account privacy and confidentiality issues, and resolved the item be transferred to the open portion of the meeting.

6.   The City of Hobart will invest all future eScooter licence fees into the provision of shared on-street parking stations and transit lanes for bicycles, eBikes, and eScooters.

7.   The Lord Mayor to write to the Tasmanian Government on behalf of the City of Hobart, calling for:

-    legislative and financial support to expedite the construction of separated lanes for bicycles, eBikes, and eScooters in Hobart; and better promotion and enforcement of fines for breaches of Tasmania’s road rules by e-scooter riders (eg. doubling, use of helmets, riding under the influence).

30.      Future of Local Government Review - Phase 2 Submission

Ref:   Supplementary Closed Council 11, 20/02/2023

Burnet

Posselt                                                                                                                      

That the recommendation contained in the officer report marked as Supplementary item 11 of the Closed Council agenda of 20 February 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      The report presented by the Chief Executive Officer on the future of local government review process and Options Paper (December 2022) be noted.

2.      The Draft Submission prepared in response to the Future of Local Government Options Paper (December 2022), marked as Attachment A in Supplementary item 11 of the Closed Council agenda of 20 February 2023 and provided as an attachment to these Minutes, be endorsed.

3.      The Chief Executive Officer be authorised to finalise and lodge the submission to the Local Government Board.

4.      In accordance with regulation 15 (8) of the Local Government (Meeting Procedures) Regulations 2015, the Council has considered whether any discussion, decision, report or attachment related to this item can be released to the public, taking into account privacy and confidentiality issues, and resolved to move the item into the open portion of the meeting.

Attachment

a    Draft Submission to the Future of Local Government Options Paper (December 2022) ⇨