MINUTES
Open Portion
Monday, 20 March 2023
AT 5.00 pm
Council Chamber, Town Hall
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Minutes (Open Portion) Council Meeting |
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20/3/2023 |
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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. Strategic Priorities and Annual Plan Progress Report period ending 31 December 2022
11. Submission to the Tasmanian Government's Population Strategy refresh consultation paper
12. Community Engagement Review - Update
13. City of Hobart Procurement Strategy 2023-2027
14. Notice of Motion Response - Public Interest Register and Conflicts of Interest Advisory Panel
15 Notice of Motion Response - Property Developer Contact Register
16. Draft New Policy - City of Hobart Flag Management Policy
17. Memorial plaque proposed for Napoleon Street Park
18. Australian Local Government Association - Call for Motions
19. Appointment Municipal Emergency Management Coordinator and Deputy Coordinator
Report of the Chief Executive Officer
20. Study Tour - Brisbane and Gold Coast
Motions of which notice has been given
21. Crowther and Lanne History
22. Underutilised Bedrooms Incentive
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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20/03/2023 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Alderman M 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:
Nil.
Councillor Elliot left the meeting 5.38pn, returning at 5.40pm.
Alderman Behrakis left the meeting 6.45pm, returning at 6.47pm.
The Chairperson opened the meeting and provided an acknowledgement of country.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 20 February 2023, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
Behrakis That the recommendation be adopted. |
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MOTION CARRIED
VOTING RECORD
The minutes were confirmed. |
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?
Sherlock
Harvey
That supplementary item 12 from the Closed Council Agenda be moved to the Open Portion of meeting and recorded as item 26.
MOTION CARRIED
VOTING RECORD
AYES |
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Lord Mayor Reynolds |
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Deputy 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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No communication was received.
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that the following Council workshops have been conducted since the last ordinary meeting of the Council.
Date: Monday, 27 February 2023
Purpose: Presentation by Department of Foreign Affairs and Trade (DFAT), Population Strategy Consultation Paper, Rating Strategy Review
Attendance:
The Lord Mayor Councillor A Reynolds, the Deputy Lord Mayor Councillor H Burnet, Alderman M Zucco, Councillors B Harvey, M Dutta, Z Sherlock, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt and B Lohberger.
Apologies:
Alderman S Behrakis
Date: Tuesday, 14 March 2023
Purpose: Budget 1, Salamanca Licence Fees
Attendance:
The Lord Mayor Councillor A Reynolds, the Deputy Lord Mayor Councillor H Burnet, Councillor B Harvey, Alderman S Behrakis, Councillors M Dutta, Z Sherlock, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt and B Lohberger.
Apologies
Nil.
Date: Thursday,16 March 2023
Purpose: Code of Conduct and EM Behaviour/Overview of the Anti-Discrimination Act/Cyber Safety
Attendance:
The Lord Mayor Councillor A Reynolds, the Deputy Lord Mayor Councillor H Burnet, Councillor B Harvey, Councillors M Dutta, Z Sherlock, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt and B Lohberger.
Apologies
Nil.
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No petitions were received.
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.
11. Submission to the Tasmanian Government's Population Strategy refresh consultation paper File Ref: F23/20323 |
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Burnet Sherlock
That the recommendation contained in the officer report marked as item 11 of the Open Council agenda of 20 March 2023, be adopted. |
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Amendment
Bloomfield
That council authorise the Head of Intergovernmental Relations and Partnerships to amend the submission to the Tasmanian Government’s Population Strategy refresh that includes more in-depth commentary on:
a. Congestion, public transport and active transport b. Provision of healthcare and emergency services c. Provision of education including schools, University and early childhood d. Pressures on Local Governments that can be ameliorated by changes to legislation, particularly as it relates to land use and development such as developer contributions, windfall gains tax and inclusionary zoning.
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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. Council endorse the draft submission to the Tasmanian Government’s Population Strategy refresh included as Attachment A item 11 of the Open Council agenda of 20 March 2023, amended as outlined in clause 2 below. 2. Council authorise the Head of Intergovernmental Relations and Partnerships to amend the submission to the Tasmanian Government’s Population Strategy refresh that includes more in-depth commentary on:
a. Congestion, public transport and active transport b. Provision of healthcare and emergency services c. Provision of education including schools, University and early childhood d. Pressures on Local Governments that can be ameliorated by changes to legislation, particularly as it relates to land use and development such as developer contributions, windfall gains tax and inclusionary zoning. |
12. Community Engagement Review - Update File Ref: F23/17337 |
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Posselt
That the recommendation contained in the officer report marked as item 12 of the Open Council agenda of 20 March 2023, be adopted. |
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That Council endorse the engagement approach detailed within the report titled ‘Community Engagement Review – Update’ and marked as item 12 of the Open Council agenda of 20 March 2023. |
13. City of Hobart Procurement Strategy 2023-2027 File Ref: F23/21576 |
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Posselt
That the recommendation contained in the officer report marked as item 13 of the Open Council agenda of 20 March 2023, be adopted. |
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The report ‘City of Hobart Procurement Strategy 2023-2027’ be received and noted. 2. The City of Hobart Procurement Strategy 2023-2027 be approved and subject to final design, be made available from the City’s website. 3. A performance report from implementation progress of the City of Hobart Procurement Strategy 2023-2027 be prepared annually to the community from the City’s website. 4. A communications strategy be developed to highlight relevant parts of the strategy when implemented, including but not limited to, the development of the City’s inaugural First Nations Procurement Policy, the City’s Sustainable Procurement Policy, modern slavery policy position, unsolicited proposals approach and procurement drop-in supplier sessions. 5. The Council note that the City’s Risk and Audit Panel has endorsed the Procurement Strategy 2023-2027 for Council approval. |
14. Notice of Motion Response - Public Interest Register and Conflicts of Interest Advisory Panel File Ref: F23/9541; 16/119 |
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Sherlock
That the recommendation contained in the officer report marked as item 14 of the Open Council agenda of 20 March 2023, be adopted.
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Amendment
Dutta
That the draft Policy be returned to Council for final approval. |
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AMENDMENT CARRIED
VOTING RECORD
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Procedural Motion
Behrakis That the matter be deferred.
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PROCEDURAL MOTION LOST VOTING RECORD
Amendment
Behrakis
That the policy principle in respect of ‘personal debt over $10,000 (excluding financial institutions)’, be reduced from $10,000 to $1,000.
AMENDMENT LOST VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council resolve to establish a Public Interest Register Policy including the principles outlined in this report. 2. The Chief Executive Officer be authorised to develop the principles into a formal policy of the Council. 3. The draft Policy be returned to Council for final approval. 4. The Policy provisions commence from 30 April 2023 and communication occur with elected members in relation to the practical steps required by them through the elected member bulletin in advance of the Policy’s commencement.
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15. Notice of Motion Response - Property Developer Contact Register File Ref: F23/10405; 16/119 |
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Sherlock
That the recommendation contained in the officer report marked as item 15 of the Open Council agenda of 20 March 2023, be adopted.
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Amendment
Harvey
That the draft Policy be returned to Council for final approval.
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AMENDMENT CARRIED VOTING RECORD
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Amendment
Elliot
That the definitions for developers and lobbyists be amended to include organisations that represent both sides of matters being considered by Council.
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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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1. The Council resolved to establish a Property Developer Contact Register Policy including the principles outlined in this report. 2. The Chief Executive Officer be authorised to develop the principles into a formal policy of the Council. 3. That the draft Policy be returned to Council for final approval. 4. The Policy provisions commence from 30 April 2023 and communication occur with elected members in relation to the practical steps required by them through the elected member bulletin in advance of the Policy’s commencement. 5. Appropriate communication occur with persons whose contact with elected members may be the subject of the Policy.
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16. Draft New Policy - City of Hobart Flag Management Policy File Ref: F23/19765; 23/7 |
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Burnet Bloomfield
That the recommendation contained in the officer report marked as item 16 of the Open Council agenda of 20 March 2023, be adopted
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Amendment
Lohberger
That clause 3 (4) of the draft policy be amended to include recognition of natural disasters.
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AMENDMENT CARRIED VOTING RECORD
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Amendment
Sherlock
That the policy be amended to allow for the permanent flying of first nations flags.
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AMENDMENT CARRIED
VOTING RECORD
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COUNCIL RESOLUTION: |
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That the Council adopt
the policy titled “Flag Management Policy” included as Attachment
“A” to item 16 of the Open Council agenda of 30 March 2023,
amended by the following: a) Clause 3 (4) of the draft policy be amended to include recognition of natural disasters.
b) The policy include provision for the permanent flying of first nations flags.
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17. Memorial plaque proposed for Napoleon Street Park File Ref: F23/8298; 2018-0004 |
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Zucco
That the recommendation contained in the officer report marked as item 17 of the Open Council agenda of 20 March 2023, be adopted
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That Council approves the installation of a memorial plaque dedicated to Shirley and Bill Foster, to be attached to a seat within Napoleon Street Park.
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18. Australian Local Government Association - Call for Motions File Ref: F23/22393 |
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Bloomfield
That the recommendation contained in the officer report marked as item 18 of the Open Council agenda of 20 March 2023, be adopted.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council submit the following motion to the Australian Local Government Association’s National General Assembly: 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 to a changing climate, and to be more sustainable and future-ready. |
19. Appointment Municipal Emergency Management Coordinator and Deputy Coordinator File Ref: F23/19632 |
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Behrakis
That the recommendation contained in the officer report marked as item 19 of the Open Council agenda of 20 March 2023, be adopted.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The nomination of Mr Christopher Kuchinke as the Municipal Emergency Management Coordinator for the City of Hobart be endorsed. 2. The nomination of Mr Geoffrey Lang as the Deputy Municipal Emergency Management Coordinator for the City of Hobart be endorsed. 3. The Director State Emergency Service and the State Emergency Management Controller be so advised.
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20. Study Tour - Brisbane and Gold Coast File Ref: F23/23390 |
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Posselt
That the recommendation contained in the officer report marked as item 20 of the Open Council agenda of 20 March 2023, be adopted.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The Council approve the Deputy Lord Mayor Councillor Helen Burnet and Alderman Louise Bloomfield’s participation in a study tour of urban renewal, land use and transport projects in Brisbane and the Gold Coast on 13 and 14 April 2023. 2. The per person cost of approximately $2,000 be attributed to the Elected Member allowances and expenses function of the 2022/23 Annual Plan. 3. The Chief Executive Officer be given approval to determine the participation of Council officers in the study tour. |
IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
21. Crowther and Lanne History File Ref: F23/24626 |
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Motion
1. should apply the principles of natural justice and the presumption of innocence in its decision-making 2. acknowledge that William Crowther was never found guilty of any charges relating to William Lanne 3. acknowledge that serious concerns have been raised by experts in relation to what, if any, interaction William Crowther really had with William Lanne's deceased body 4. note that the Council has directly communicated (via the City of Hobart website) or indirectly promoted (through the Crowther Reinterpreted ‘truth-telling’ installations) information that is unproven and/or known to be false, including: · the unproven statement that William Crowther removed William Lanne’s skull and · the false statement that William Crowther removed William Lanne’s hands and feet and · the rumour and myth that Lanne’s scrotum was removed and used this as a tobacco pouch and · the incorrect statement that William Crowther was suspended from his role with the Hobart General hospital "over charges of mutilating the body of William Lanne", when he was actually suspended for failing to participate in a Government enquiry into the treatment of William Lanne's body and · errors in basic facts, such as William Lanne’s birth date and location. 5. agree that it is incorrect and misleading to state or imply that the Aboriginal community in its entirety are uncomfortable with the statue and want it removed and 6. publish, with urgency, on the Council website a clear statement of the exact conduct that it views William Crowther guilty of and all the relevant primary sources of evidence 7. arrange and conduct public information sessions where historians and other interested parties can present their views on the character and conduct of William Crowther and William Lanne, including their views on what, if any, interaction William Crowther had with the deceased William Lanne 8. invite historians and other interested parties to document their views on the character and conduct of William Crowther and William Lanne, including their sources, and publish these on the Council’s website 9. re-open consultation on the Franklin Square Conservation Plan Addendum (which closed at 5pm on 20 March) and extend the community consultation period on this major change to 14 calendar days after the information session at point 7 and the material has been published on the website referred to at point 8 (whichever is later).”
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Rationale:
“In August 2022, the Council made the significant decision to remove the statue of William Crowther that has stood in Franklin Square over 130 years.
The Council primarily relied on two presumptions as the basis for its decision. Firstly, that William Crowther is guilty of mutilating the body of the deceased William Lanne, and that the Aboriginal community are uncomfortable with the statue and want it removed.
The first of these presumptions is false or unproven and viewed by experts as unlikely, and the second is incorrect and misleading. William Crowther was never convicted of any charge and multiple Aboriginal groups and individuals, including the Circular Head Aboriginal Corporation have strongly expressed that they do not support the removal of the statue, an issue they have raised with the relevant State Minister, the Legislative Council as well as with their Federal Representatives.
The removal of the William Crowther statue will set a powerful precedent that will undoubtedly bring forward a shopping list of items, names, practices, and decisions that some people are offended by. The removal of the statue also communicates that if a minority of people are uncomfortable with something, that it can be removed, changed, deleted, without the need for proven wrongdoing.
Our society promotes the principles of natural justice and that someone is innocent until proven guilty. Balanced and objective people also appreciate the importance of considering the full picture and the gross unfairness of punishing someone for something they did not do or have not been found guilty of.
Removing the statue of a person who was noted for a lifetime of selfless service to our community for something he was never found guilty of wreaks of injustice. Removing the statue of an individual because it is viewed by some as being merely 'symbolic' of wrongs is disgracefully unfair to the individual, their legacy and their descendants, and in complete conflict with the principles of natural justice.
If the statue is ultimately removed, the basis upon which this decision has been made should be made clear. In the interests of transparency and to demonstrate the application of fairness and justice, the Council should provide the public with a clear statement of the exact conduct that it views William Crowther guilty of and all of the relevant primary sources of evidence relied upon that has led them to this course of action.
In the interests of fundamental fairness, decency and professionalism, the Council has a responsibility to make available to the community the different views about what William Crowther did or did not do so that the community can make up their own mind. Without this, the Council has no hope of being seen as a fair and objective governing body that’s able to effectively manage its biases, lobbying pressures and the personal and ideological agendas of individual elected members.”
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Zucco That the motion be adopted.
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Behrakis
That Councillor Elliot be granted an extra 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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The motion was lost. |
22. Underutilised Bedrooms Incentive File Ref: F23/24638 |
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Motion
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Rationale:
“This motion focuses on maximising the availability of housing by incentivising homeowners rent out underutilised bedrooms in their home.
It is estimated that there are 13 million spare bedrooms across Australia, with many thousands of those likely to be in Hobart. This number is expected to increase as our population ages and without barriers lifted and incentives in place for people to move to housing that is the ‘right’ size for them.
In 2021, 28 per cent of Greater Hobart households contained only one person, while the bulk of Greater Hobart’s private housing stock (70 per cent) has three or more bedrooms. Research also shows older homeowners (aged over 55) are more likely to have one or more extra bedrooms than younger homeowners.
Demand for housing is growing, amplified by the return of international students and migration. While a diverse range of people and households are in urgent need of housing, there are growing cohorts individuals (such as single older women) that could benefit from the immediacy and social benefits of a program like this.
It is envisaged that the rebate program: · would be voluntary and opt-in, and operate for a limited period only · would be open to property owners renting bedrooms within the building they occupy at their principal place of residency only · would only apply to new arrangements where the unoccupied bedroom was not rented for a period of at least 12 months immediately prior · would allow property owners to receive a subsidy for renting one or two bedrooms within their principal place of residence · would require the property owner to provide sufficient ‘evidence’ of the bedroom rented under a new arrangement during the period nominated by the Council for a period of at least six consecutive months. For example, evidence may be in the form of a Statutory Declaration from both the property owner and the renter · would provide the owner with an meaningful financial incentive, such as 10 per cent refund on the general Council rates paid during the prior six months if one bedroom is rented and 15 per cent refund if two bedrooms are rented and · would be supported by guidance on the City’s website, including information related to safety, selecting a ‘tenant’, negotiating terms and conditions, managing disputes and the program details. It is acknowledged that the Residential Tenancy Act 1997 does not apply when property owners are renting out one or two bedrooms within the same building that the owner also occupies.
It is also acknowledged that this program, if implemented, would have budget and resourcing implications.”
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Zucco That the motion be adopted.
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MOTION LOST VOTING RECORD
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COUNCIL RESOLUTION: |
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The motion was lost. |
Item 26 was then taken.
Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
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Memorandum of the Chief Executive Officer 15 March 2023.
23.2 Anonymous Complaint Memorandum of the Chief Executive Officer 9 March 2023.
23.3 Stakeholder Correspondence Memorandum of the Chief Executive Officer 7 March 2023.
23.4 Decision Making Memorandum of the Chief Executive Officer 15 March 2023.
Lohberger
That the information be received and noted. |
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MOTION CARRIED VOTING RECORD
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Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
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Question: Can the Chief Executive Officer advise the current status of the Monuments Policy and associated timelines. Response: The Chief Executive Officer took the question on notice. |
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Question: Can the Chief Executive Officer advise how many direct staff appointments there have been in the last two years and the status and nature of the roles. Response: The Chief Executive Officer took the question on notice. |
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 information · Proposal for Council land · Commercial information
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 Rating and Valuation Strategy Review - Community Advisory Group Membership LG(MP)R 15(2)(g) Item No. 7 Giblin Street Quarry Site - Expressions of Interest to Sell or Lease Land LG(MP)R 15(2)(c)(i), (d) and (f) Item No. 8 Dark Mofo 2023 Sponsorship Request LG(MP)R 15(2)(c)(iii) Item No. 9 Salamanca Market Licence Agreement and Site Fee Valuation LG(MP)R 15(2)(b) Item No. 10 Risk and Audit Panel - Appointment of Independent Member LG(MP)R 15(2)(a) Item No. 11 2022-23 Expression of Interest Sponsorship Program Funding Allocations LG(MP)R 15(2)(c)(ii)
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Behrakis That the recommendation be adopted. |
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MOTION CARRIED BY ABSOLUTE VOTING RECORD
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In accordance with the resolution passed at item 3, the following item has been transferred from the Closed Portion of the Council agenda.
26. Tasmanian Government's Proposed Hobart Stadium Feasibility Planning Process - City of Hobart Submission File Ref: F23/14060 |
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Posselt
That the recommendation contained in the officer report marked as supplementary item 12 of the Closed Council agenda of 20 March 2023, be adopted.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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1. The draft Submission to the Parliamentary Standing Committee of Public Accounts Inquiry into the Tasmanian Government’s process into the feasibility planning for a new sporting and event stadium in Hobart, marked as Attachment A to supplementary item 12 of the Closed Council agenda of 20 March 2023, be endorsed.
2. The Chief Executive Officer be authorised to finalise and lodge the submission to the Parliamentary Standing Committee of Public Accounts. 3. The Council note that the Lord Mayor and other representatives from the City of Hobart have been invited to attend a Public Hearing into the Tasmanian Government’s process into the feasibility planning for a new sporting and event stadium in Hobart on 21 April 2023. 4. The Council determine whether it wishes to nominate any other Elected Members to attend the Public Hearing into the Tasmanian Government’s process into the feasibility planning for a new sporting and event stadium in Hobart on 21 April 2023. 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 resolve that the Submission to the Parliamentary Standing Committee of Public Accounts Inquiry be released in accordance with the Council resolution.
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Item 23 was then taken.
The Chairman adjourned the meeting at 6.56pm for a comfort break.
The meeting was reconvened at 7.02pm.
Item 21 was then taken.
The Chairman adjourned the meeting 7.36pm for a dinner break.
The meeting was reconvened at 8pm.
Item 26 was then taken.
There being no further business the Open portion of the meeting closed at 8.02pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
24th DAY OF april 2023.
CHAIRMAN