Minutes (Open Portion)

Council Meeting

Page 2

23/7/2018

Minutes (Open Portion)

Council Meeting

Page 4

23/07/2018

The Chairman reports that he has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 9 July 2018, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

sexton

ruzicka                                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

Burnet

Ruzicka                                                                                                                      

That Item 17 be transferred to the closed portion of the meeting in accordance with regulation 15(2)(c)(ii) and (iii) of the Local Government (Meeting Procedures) Regulations 2015 because the discussion may contain confidential information that is likely to confer a commercial advantage or reveal a trade secret.

MOTION CARRIED BY
ABSOLUTE MAJORITY

VOTING RECORD

The Lord Mayor presented a plaque he received  on Tuesday 10 July 2018 from the Ambassador of Indonesia, His Excellency Mr Kristiarto Legowo who was accompanied by the Consul General of Indonesia in Melbourne, Ms Spica A. Tutuhatunewa.

Mr Ben Lohberger put the following questions and was provided with the corresponding response from the Lord Mayor on the behalf of Council.

Question:

Can the HCC please explain why it has agreed to suspend work on the measurement of the value of international relationships, such as sister cities, until after the October council elections? Can the HCC also explain why there has been such a long delay in this process, and why it has not already been completed?

Response:

The detailed answer to this question appears on the open agenda for Council’s Economic Development and Communications agenda of 24 May 2018. 

The Council resolved at its meeting of 6 June 2018 to defer consideration of this matter until after the Tasmanian Local Government elections in October of this year.  The reason for this is that for the project to continue the Australian peak body, Sister Cities Australia, must be involved.  The project involves a collaboration with their members nationally.  It was Sister Cities Australia that while giving in-principle support for the project suggested further consideration of the details of the project and a deferral of consideration until after Tasmanian local government elections.

With regard to the suggested delay in the project, again it has taken considerable time to correspond and meet with Sister Cities Australia and to obtain their endorsement of the project.  As mentioned, the collaboration with Sister Cities Australia is integral to this project providing meaningful and useful data.

Mr Lohberger then asked the following supplementary question which the Lord Mayor took on notice.

Did the Council find out why Sister Cities Australia is so insistent on delaying the project until after the Local Government Elections?

9.1      6 Broughton Avenue, Mount Nelson - Multiple Dwellings

Ref:    Open CPC 7.1.1, 16/07/2018

Application Expiry Date: 23 July 2018

Extension of Time: Not applicable

The matter be referred to the Council without recommendation.

Briscoe

          That the recommendation contained in the attached report titled, Item 7.1.1 – 6 Broughton Avenue Mount Nelson - Multiple Dwellings - Original Report - Open City Planning Committee Agenda of 16 July 2018, be adopted  

The recommendation lapsed for want of a seconder.

Burnet

Ruzicka

That the application be refused for the following reasons:

1.    The proposal does not meet acceptable solution A3 or performance criteria P3 of clause 12.4.2 of the Hobart Interim Planning Scheme 2015 because it is outside the prescribed building envelope and due to the siting and scale of the dwellings, will clause an unreasonable loss of amenity for adjoining neighbours.

2.    The proposal does not meet acceptable solution A1 or performance criteria P1 of clause 12.4.3 of the Hobart Interim Planning Scheme 2015 because it exceeds 25% site coverage and will result in an unreasonable loss of natural and landscape values, will not be in keeping with the character of the pattern of development in the surrounding area and will not provide adequate private open space for future occupants of the dwellings.

3.    The proposal does not meet acceptable solution A1 or performance criteria P1 of clause 12.4.9 of the Hobart Interim Planning Scheme 2015 because the proposed site area per dwelling of 691sqm is out of character with the pattern of development in the surrounding area, and would result in an unreasonable loss of natural and landscape values.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the application be refused for the following reasons:

1.    The proposal does not meet acceptable solution A3 or performance criteria P3 of clause 12.4.2 of the Hobart Interim Planning Scheme 2015 because it is outside the prescribed building envelope and due to the siting and scale of the dwellings, will clause an unreasonable loss of amenity for adjoining neighbours.

2.    The proposal does not meet acceptable solution A1 or performance criteria P1 of clause 12.4.3 of the Hobart Interim Planning Scheme 2015 because it exceeds 25% site coverage and will result in an unreasonable loss of natural and landscape values, will not be in keeping with the character of the pattern of development in the surrounding area and will not provide adequate private open space for future occupants of the dwellings.

3.    The proposal does not meet acceptable solution A1 or performance criteria P1 of clause 12.4.9 of the Hobart Interim Planning Scheme 2015 because the proposed site area per dwelling of 691sqm is out of character with the pattern of development in the surrounding area, and would result in an unreasonable loss of natural and landscape values.

9.2      90 Liverpool Crescent and Adjacent Road Reserve West Hobart

Ref:    Open CPC 7.1.2, 16/07/2018

Application Expiry Date: 26 July 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 90 Liverpool Crescent and Adjacent Road Reserve West Hobart for the reasons outlined in the officer’s report, marked as item 7.1.2 of the Open City Planning Committee agenda of 16 July 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­131 ­ 90 LIVERPOOL CRESCENT AND ADJACENT ROAD RESERVE WEST HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/00359­HCC dated 15 March 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw3

The proposed works (including cut and driveway) must be designed to ensure the long­term protection of and access to the Council’s stormwater infrastructure.

Detailed engineering design must be submitted and approved prior to issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).

The detailed design must:

1.       Demonstrate how the design will provide adequate access and support to the pipe and impose no excessive loads onto the pipe.

2.       Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works.

3.       Include a long­section of Council's stormwater main clearly showing proposed cover. If the cover is less than 600mm, engineering details and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains can withstand the likely forces and will be adequately protected. All assumptions must be stated.

4.       Be certified by a suitably qualified engineer

All work required by this condition must be undertaken in accordance with the approved design.

Advice:

Once the detailed design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Please note that permission for works, including cut, within one metre of Council infrastructure is required under s13 of the Urban Drainage Act 2013 and s73 of the Building Act 2016.

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw6

All stormwater from the proposed development must be discharged safely to the Council’s stormwater infrastructure prior to occupation. All costs associated with works required by this condition are to be met by the owner.

Additional stormwater surface drainage infrastructure (eg trench grates) outside the property boundary is not approved.

Advice:

Once the design drawings and calculations have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

A single connection is allowed for the Lot under the Urban Drainage Act 2013.

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

ENG 3a

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the Gandy and Roberts Consulting Engineers design drawing, 18.0072­C002 Rev. 1 received by the Council on the 20th April 2018.

Prior to the first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.

Advice

Special consideration may be required when selecting the appropriate garage door width and configuration for this development given the access constraints.

Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

ENG 10

The approved driveway design must be signed by a suitably qualified engineer, certifying the driveway / parking area / manoeuvring area / access has been constructed in accordance with the approved driveway design, must be lodged with the Council prior to the issuing of any Completion or Occupancy Certificate under the Building Act 2016.

Reason for condition

To ensure the safety of users of the access / parking / highway reservation / adjacent properties.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council. Any damage must be immediately reported to Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

CONDITION ENDORSEMENT

As a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require a road closure permit for construction. Click here for more information.

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

WORKS WITHIN ONE METRE OF STORMWATER

You will need separate permission under s73 of the Building Act 2016 and s13 of the Urban Drainage Act for any works (including cut/fill) within one metre horizontally of the nearest external surface of the stormwater main. Please contact Hobart City Council’s City Infrastructure Division to discuss.

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

ACCESS

Designed in accordance with LGAT­ IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

FEES AND CHARGES

Click here for information on the Council's fees and charges.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

briscoe

cocker                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      Urban Design Advisory Panel

Ref:    Open CPC 8.1, 16/07/2018

That:   1.    The information contained in the memorandum titled ‘Urban Design Advisory Panel’ of 10 July 2018 be received and noted.

2.    Either an informal meeting be convened between Aldermen and members of the Urban Design Advisory Panel and/or an invitation be extended to members of the Urban Design Advisory Panel, to encourage their attendance at an upcoming City Planning Committee meeting on a six monthly basis (or when required), to allow further discussion to be undertaken directly with both parties on decisions made by the Urban Design Advisory Panel.

 3.   The Council write to the State Government requesting an update on  the re-appointment of a State Architect.

Briscoe

Burnet                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Monthly Building Statistics - 1 June 2018 to 30 June 2018

Ref:    Open CPC 8.2, 16/07/2018

That the information be received and noted:

A.     1.      During the period 1 June 2018 to 30 June 2018, 41 permits were issued to the value of $7,618,197 which included:

(i)      25 for Extensions/Alterations to Dwellings to the value of $2,972,792;

(ii)     7 New Dwellings to the value of $3,287,200; and

(iii)    Nil Major Projects.

         2.       During the period 1 June 2017 to 30 June 2017, 44 permits were issued to the value of $19,698,052 which included:

                   (i)      11 Extensions/Alterations to Dwellings to the value of $11,515,377

                   (ii)     14 New Dwellings to the value of $4,560,675; and

                   (iii)    3 Major Projects:

·    85-99 Collins Street (Stage 2) - Alterations and Additions - $10,000,000;

·    258 Macquarie Street – Alterations and Additions - $1,647,000;

·    157 Elizabeth Street  (Stage 6) – Change of Use and Alterations to Levels 2 and 3 - $2,100,000.

B.      1.      In the twelve months ending June 2018, 692 permits were issued to the value of $479,102,446; and

          2.      In the twelve months ending June 2017, 684 permits were issued to the value of $203,671,582.

Briscoe

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Informal Vote

Ref:    Open FGC 7.1, 17/07/2018

Motion:

“The last Local Government election continued a trend of low voter participation in the Hobart municipality. Additionally, many ballot papers were not completed properly, and therefore were counted as informal.

This motion requests that:

1.      A report be prepared that determines ways to address Hobart’s low rates of voter participation and the high number of informal votes cast particularly for the position of alderman in the 2014 Hobart Council election.

2.      The report determine how best to address both issues-to increase voter participation and to ensure successful completion of ballot papers to make their vote count in the forthcoming 2018 Hobart elections.

3.      That consideration be given to “how to make your vote count” advertising that is specific for Hobart electors, and lobbying both the state government and Tasmanian Electoral Commission to also run an active education campaign to address these and any other anomalies identified.

4.      Consideration also be given to reviewing the process for applying to be included on the General Manager’s role, to ensure it is sufficiently robust for people to participate

5.      The report also consider setting targets for attaining more successful participation of eligible voters.”

Rationale:

“Council elections will occur in September and October 2018. The last Hobart Council election recorded both the lowest voter participation of any Local Government Area and the highest rate of informal votes, 7.6% for aldermen.

From the TEC Report of the Hobart election of 2014: https://www.tec.tas.gov.au/Info/Publications/LocalGovernmentElectionReports/Current_Reports/Individual_Reports/2014%20Hobart%20City%20Council%20election%20report.pdf

“37 624 Hobart City electors were enrolled for the 2014 elections, comprising 35 810 (95.18%) from the State House of Assembly roll and 1 814 (4.82%) from the General Manager’s roll. 51.70% of Hobart City electors returned their ballot papers in comparison with 54.58% statewide.”

The high rate of informal votes counted at the last Council election, and the relatively low rate of participation in Hobart City Council elections, suggests a gap in effective democracy. The poor turnout is a pattern, with Hobart percentages consistently below the state average. This motion looks to increase voter participation in Hobart municipal elections.

The last election had a field of 30 candidates for Alderman/councillor, and this large number may have contributed to the high rate of informal votes.

This motion looks at ways of promoting voter participation for the Hobart municipal elections, and how voters can cast an effective ballot.

The responsibility to improve effective voter participation is both that of the TEC, and HCC. Whilst Hobart City Council has previously lobbied for compulsory voting, this issue is not part of this motion.”

The General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to Local Government elections.”

Burnet

Briscoe                                                         

That the recommendation be adopted with the inclusion of the following clauses;

6.      The report consider methods to encourage increased voter participation for the 18 to 35 age demographic. 

7.      The Council consult with other Tasmanian Council’s and the State Government with a view to introducing compulsory voting for Local Government elections. 

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

Motion:

“The last Local Government election continued a trend of low voter participation in the Hobart municipality. Additionally, many ballot papers were not completed properly, and therefore were counted as informal.

This motion requests that:

1.      A report be prepared that determines ways to address Hobart’s low rates of voter participation and the high number of informal votes cast particularly for the position of alderman in the 2014 Hobart Council election.

2.      The report determine how best to address both issues-to increase voter participation and to ensure successful completion of ballot papers to make their vote count in the forthcoming 2018 Hobart elections.

3.      That consideration be given to “how to make your vote count” advertising that is specific for Hobart electors, and lobbying both the state government and Tasmanian Electoral Commission to also run an active education campaign to address these and any other anomalies identified.

4.      Consideration also be given to reviewing the process for applying to be included on the General Manager’s role, to ensure it is sufficiently robust for people to participate

5.      The report also consider setting targets for attaining more successful participation of eligible voters.

6.      The report consider methods to encourage increased voter participation for the 18 to 35 age demographic. 

7.      The Council consult with other Tasmanian Council’s and the State Government with a view to introducing compulsory voting for Local Government elections. 

Rationale:

“Council elections will occur in September and October 2018. The last Hobart Council election recorded both the lowest voter participation of any Local Government Area and the highest rate of informal votes, 7.6% for aldermen.

From the TEC Report of the Hobart election of 2014: https://www.tec.tas.gov.au/Info/Publications/LocalGovernmentElectionReports/Current_Reports/Individual_Reports/2014%20Hobart%20City%20Council%20election%20report.pdf

“37 624 Hobart City electors were enrolled for the 2014 elections, comprising 35 810 (95.18%) from the State House of Assembly roll and 1 814 (4.82%) from the General Manager’s roll. 51.70% of Hobart City electors returned their ballot papers in comparison with 54.58% statewide.”

The high rate of informal votes counted at the last Council election, and the relatively low rate of participation in Hobart City Council elections, suggests a gap in effective democracy. The poor turnout is a pattern, with Hobart percentages consistently below the state average. This motion looks to increase voter participation in Hobart municipal elections.

The last election had a field of 30 candidates for Alderman/councillor, and this large number may have contributed to the high rate of informal votes.

This motion looks at ways of promoting voter participation for the Hobart municipal elections, and how voters can cast an effective ballot.

The responsibility to improve effective voter participation is both that of the TEC, and HCC. Whilst Hobart City Council has previously lobbied for compulsory voting, this issue is not part of this motion.”

The General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to Local Government elections.”

13.      Petition - Dark Mofo Inverted Crosses

Ref:    Open CCEC 6.1, 11/07/2018

That:   1.    Pursuant to section 60 of the Local Government Act 1993, the Council note:

(i)      The subject matter of the petition received was requesting the immediate removal of the Dark Mofo inverted crosses situated in three locations on the waterfront, one of which was located on Council land adjacent to the Waterside Pavilion; and

(ii)     The petition contained 16,290 signatories.

2.    The petitioner be advised of the content of the report marked as item 6.1 of the Open Community, Culture and Events Committee agenda of 11 July 2018 and the outcome of the Council’s consideration of this matter.

Harvey

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      City of Hobart Australia Day Awards - Marketing

Ref:    Open CCEC 6.2, 11/07/2018

That the promotion of the Australia Day awards be increased to include a more targeted online promotional presence that includes paid advertising on social media platforms such as Facebook as well as increased presence on the City of Hobart website and in print media platforms such as the City News and Hobart Observer.

Harvey

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

15.      City of Hobart Food Strategy

Ref:    Open CCEC 6.3, 11/07/2018

That:   1.    The Council endorse the development of a draft food strategy or framework.

2.    The draft strategy or framework be reported back to the Council for approval at the appropriate time.

Harvey

Burnet                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

16.      Creative Hobart Quick Response Grant Request – “Dear kunanyi”

Ref:    Supplementary Open CCEC 10, 11/07/2018

That:   1.    The Council approve the application to the Creative Hobart Quick Response Grant Program from Respect the Mountain for $1,000 cash to support the “Dear kunanyi” arts exhibition.

2.    The funding for the grant be attributed to the Community Development Policy Management - Grants allocation in the 2018-19 Annual Plan.

3.    The grant provision be recorded in the ‘Grants, Assistance and Benefits Provided’ section of the City of Hobart’s Annual Report.

Harvey

Thomas                                                    That the recommendation be adopted.

Amendment

Ruzicka

Briscoe                                                                                                                      

That the recommendation be adopted and the applicant be made aware that the determination of the grant in no way reflects the City of Hobart’s position in respect to any other dealings it may undertake in respect to kunanyi / Mt Wellington.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      The Council approve the application to the Creative Hobart Quick Response Grant Program from Respect the Mountain for $1,000 cash to support the “Dear kunanyi” arts exhibition.

2.      The funding for the grant be attributed to the Community Development Policy Management - Grants allocation in the 2018-19 Annual Plan.

3.      The grant provision be recorded in the ‘Grants, Assistance and Benefits Provided’ section of the City of Hobart’s Annual Report.

4.      That the recommendation be adopted and the applicant be made aware that the determination of the grant in no way reflects the City of Hobart’s position in respect to any other dealings it may undertake in respect to kunanyi / Mt Wellington.

17.      Condell Place Car Park - Development Opportunities and EOI Request

Ref:    Open FGC 6.1, 17/07/2018

In accordance with the Council decision made in the closed portion of the meeting, the following decision in respect to this item is provided.

COUNCIL RESOLUTION:

That:   1.      A report be prepared consolidating information provided in previous reports and any related documents, in relation to the Condell Place site.

2.      A parking plan be prepared for the North Hobart area.

3.      The Council consider the future strategic direction and vision for the North Hobart area.

4.      That the Council’s decision be included in the minutes of the open Council meeting, inclusive of the voting record.

MOTION CARRIED

VOTING RECORD

18.      Review of the Electoral Act

Ref:    Open FGC 6.3, 17/07/2018

That:   1.    The Council provide a submission as part of the review to the Electoral Act.

2.    The Council’s submission be based on information provided in the report marked as item 6.3 of the Open Finance and Governance Committee agenda of 17 July 2018 and to include the following:

(i)      Reference to the Council’s 2015 submission to the inquiry into the operation of the Tasmanian Electoral Commission.

(ii)     Consistency in electoral signage.

(iii)    Robo calls be made illegal.

Ruzicka

Sexton                                                  That the recommendation be adopted.

Amendment

Cocker

Burnet                                     That the General Manager’s Roll be abolished.

AMENDMENT LOST

VOTING RECORD

Amendment

Sexton

Briscoe                                                                                                                      

That the General Manager consider the current application process for inclusion on the General Manager’s Roll with a view to implementing more rigorous eligibility criteria.

AMENDMENT CARRIED

VOTING RECORD

AmendmenT

Reynolds

Thomas                                                                                                                       

That the Council lobby the State Government to undertake a full review of the provisions around the General Manager’s Roll in order to ensure sound democratic decisions and responsible governance.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The Council provide a submission as part of the review to the Electoral Act.

2.    The Council’s submission be based on information provided in the report marked as item 6.3 of the Open Finance and Governance Committee agenda of 17 July 2018 and to include the following:

(i)      Reference to the Council’s 2015 submission to the inquiry into the operation of the Tasmanian Electoral Commission.

(ii)     Consistency in electoral signage.

(iii)    Robo calls be made illegal.

3.    The General Manager consider the current application process for inclusion on the General Manager’s Roll with a view to implementing more rigorous eligibility criteria.

4.    The Council lobby the State Government to undertake a full review of the provisions around the General Manager’s Roll in order to ensure sound democratic decisions and responsible governance.

19.      Local Government Association of Tasmania - General Meeting Motions

Ref:    Open FGC 6.4, 17/07/2018

That:  1.     The Council endorse the proposed positions as contained in Attachment A to this item in respect to motions for the Local Government Association of Tasmania General Meeting to be held on Wednesday 25 July 2018.

2.    The Lord Mayor or his nominee be given the authority to vote on issues which arise in the course of the LGAT General meeting after taking advice from the General Manager.

Ruzicka

THOMAS                                                  That the recommendation be adopted.

Amendment

Burnet

Reynolds

That Council support the removal of the word ‘Alderman’ from the Local Government Act 1993 leaving only the word Councillor. 

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

Cocker

Harvey                                                                                                                       

That effectively immediately Hobart City Council elected members be known as ‘councillors’.

Procedural Motion

Thomas

Sexton                                                                                                                        

That the matter be deferred until after the Local Government Election in October 2018.

PROCEDURAL MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   A.    1.    The Council endorse the proposed positions as contained in Attachment A to this item in respect to motions for the Local Government Association of Tasmania General Meeting to be held on Wednesday 25 July 2018, except for its position in relation to the motion “That LGAT Lobby for a change to the Local Government Act 1993 to remove the word alderman from the Act entirely, leaving only councillor”, which is to be changed      from not support, to support.

2.     The Lord Mayor or his nominee be given the authority to vote on issues which arise in the course of the LGAT General meeting after taking advice from the General Manager.

B.           Notwithstanding the Council’s support of the motion to be put to the 2018 LGAT General Meeting, consideration of the terminology applying to City of Hobart elected representatives be deferred until after the local government election.

20.      Public Spaces By-law, No. 4 of 2018
Parking By-law, No. 5 of 2018

Ref:    Open FGC 6.5, 17/07/2018

That:   1.    The Council notes the submissions made to it in relation to the Parking By-law and the Public Spaces By-law, marked as Attachments A, B, C and D to item 6.5 of the Open Finance and Governance Committee agenda of 17 July 2018, pursuant to s159 of the Local Government Act 1993.

2.    The Council resolves by absolute majority to amend the Public Spaces By-law marked as Attachment E to item 6.5 of the Open Finance and Governance agenda of 17 July 2018.

3.    The General Manager be authorised to arrange the necessary actions to enact the By-law.  

Ruzicka

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED
BY ABSOLUTE MAJORITY

VOTING RECORD

21.      Hobart: A Community Vision for Our Island Capital - Final Document

Ref:    Open FGC 6.6, 17/07/2018

That:   1.    The Council receive and note the updated vision document, Hobart: A community vision for our island capital marked as Attachment A to item 6.6 of the Open Finance and Governance agenda of 17 July 2018.

2.    The Council endorse the final vision document to guide the City of Hobart’s work into the future.

3.    A media release be prepared and distributed at the appropriate time.

Ruzicka

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

22.      Annual Aldermanic Representation on External Bodies & Membership of the Tasmanian Polar Network

Ref:    Open FGC 6.7, 17/07/2018

That:   1.    The written reports marked as Attachment A and B to the Open Finance and Governance agenda of 17 July 2018, together with the verbal and tabled reports by the following Alderman at the Finance and Governance Committee meeting of the 17 July 2018 with respect to their representation on external bodies for the period 1 January 2017 to 30 June 2018 be received and noted:

(i)    Alderman Ruzicka:    Friends of Soldiers Memorial Avenue Inc                                      Martime Museum of Tasmania Inc

          (ii)   Alderman Cocker:      Wellington Park Management Trust

2.      The Council continue its annual membership of the Tasmanian Polar Network to be funded from the Economic Development Function of the 2018/2019 Annual Plan.

3.      Any further reports from Aldermen be submitted to the next meeting of the Finance and Governance Committee.

4.      Issues raised by Alderman Cocker in his report on the Wellington Park Management Trust and by the General Manager be referred to the Parks and Recreation Committee for further consideration.

Ruzicka

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

23.      Council of Managers of National Antarctic Programs (COMNAP) - Annual General Meeting - August 2020- Request to Use Town Hall

Ref:    Open FGC 6.8, 17/07/2018

That:   1.    The Council approve the request from the Australian Antarctic Division to use the Town Hall for the 2020 COMNAP Annual General Meeting, to be conducted from 2-7 August, at no charge.

2.    The General Manager be authorised to waive the hire fees associated with the use of the Town Hall for the event.

3.    Details of the fees waived be included in the 2020/21 Annual Report, in accordance with the Council’s policy in relation to grants and benefits.

Ruzicka

Reynolds                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

24.      Sandy Bay Sailing Club Masterplan - Long Beach Reserve, Sandy Bay

Ref:    Open PRC 6.1, 12/07/2018

That:   1.    In-principle approval be granted for an extension of the lease footprint of the Sandy Bay Sailing Club at Long Beach Reserve, Sandy Bay subject to the Club obtaining planning approval for its proposed development works, in accordance with the master plan, marked as Attachment A to item 6.1 of the Open Parks and Recreation Committee agenda of 12 June 2018.

2.    Approvals for removal of any vegetation within the sand dune system only be considered following receipt of a report that is currently being prepared by a qualified coastal engineer.

3.    The Club engage with the nearby community, including residents, businesses and users of the Long Beach Reserve and Sandown Park sportsgrounds.

4.    Any vegetation or trees lost as a result of the redevelopment are paid for by the Club, and plantings in excess of those removed to the satisfaction of the General Manager be completed.

5.    In accordance with the Council Policy ‘Grants and Benefits Disclosure’ the benefit recognised by the Sandy Bay Sailing Club by way of reduced rental as part of the new lease be disclosed in the City’s Annual Report.

Reynolds

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

25.      Long Beach Reserve, Sandy Bay - Hobart Twilight Market - Application for 6 Pop-Up Markets Per Year

That:   1.    The General Manager be delegated authority to issue a licence to the organisers of the Hobart Twilight Market, to operate a six (6) pop markets per year at Long Beach Reserve on Sundays between 11:00am and 4:00pm, subject to the following terms and conditions:

(i)           Approval be granted for a 12 month period, where the impacts on the reserve and nearby businesses can be assessed.  Continuation of the licence be at the General Manager’s discretion.

(ii)          The market be located within the existing footprint as approved for the Friday evening twilight markets.

(iii)         The application of a fee to be determined by a valuation per market day plus any additional charges incurred by the City in response to the operation of the market, at the discretion of the General Manager.

(iv)         Due to existing sporting bookings at Sandown Park 2, stallholder parking not be permitted on this ground.

(v)          A sustainable transport plan and a traffic management plan be submitted to the satisfaction of the General Manager.

(vi)         The sale and consumption of alcohol in plastic cups within the market area at Long Beach Reserve be approved upon the applicants being successful in applying for a liquor licence from the Liquor and Gaming Branch, subject to the following conditions:

(vii)        The terms and conditions of the liquor licence issued by      the Liquor and Gaming Branch be adhered to at all times; and

(viii)       The sale of alcohol be restricted to within the area of the park occupied by the Market, as set out in the City’s licence to the Market operators.

(ix)         The application be subject to all terms and conditions for the booking of Council parks including adherence with the Parks Recreation and Natural Area’s By-Law.

(x)          The applicant be required to obtain a place of public assembly licence and any food permits required by the Council’s Environmental Health Unit.

(xi)         The licence agreement be updated outlining the conditions of use of the area, including ensuring that the public use of the area is maintained whilst the Market is being staged and that the range of stalls at the Market are complimentary to other markets that are already running successfully in the City.

(xii)        The applicant must produce evidence of public liability insurance to the value of $20 million.

(xiii)       The applicant will be responsible for any damage to Council property, whether caused by the hirer or any other person or persons associated with the event.

(xiv)       Any signs or banners must have prior approval of the Council, including their location in the reserve area or in any other areas outside of the reserve controlled by the Council.

(xv)        All litter and waste generated by the function is to be removed from the area at the conclusion of each Market. The area is to be cleaned by the hirer after each usage of the site. The applicant is to provide sufficient bins on-site, in addition to those already in place to cater for any litter and waste generated.

(xvi)       All food and beverages must be served in compostable containers and the applicant is to provide a three bin system for the disposal of food or beverages consumed on-site.

(xvii)      A risk assessment be undertaken by the applicant, to the satisfaction of the General Manager, to ensure the site is suitable for the Market, including access to required facilities such as parking and toilet facilities.

(xviii)     The Market is not to be run during other special events that may be located in the area including the Sandy Bay Regatta, unless by agreement.

2.    The licence agreement be subsequently reviewed on an annual basis by the General Manager with necessary changes applied to ensure the City’s requirements continue to be met with the annual review to take into consideration, value, activation, impacts and sustainability.

3.    The General Manager be authorised to amend or rescind any condition of this licence at any time, for any reason, as deemed appropriate.

Reynolds

Briscoe                                                That the recommendation be adopted.

Amendment

Burnet

Ruzicka                                                                                                                      

That clause (vi) be amended to replace the words “plastic cups” with “compostable containers”.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The General Manager be delegated authority to issue a licence to the organisers of the Hobart Twilight Market, to operate a six (6) pop markets per year at Long Beach Reserve on Sundays between 11:00am and 4:00pm, subject to the following terms and conditions:

(i)           Approval be granted for a 12 month period, where the impacts on the reserve and nearby businesses can be assessed.  Continuation of the licence be at the General Manager’s discretion.

(ii)          The market be located within the existing footprint as approved for the Friday evening twilight markets.

(iii)         The application of a fee to be determined by a valuation per market day plus any additional charges incurred by the City in response to the operation of the market, at the discretion of the General Manager.

(iv)         Due to existing sporting bookings at Sandown Park 2, stallholder parking not be permitted on this ground.

(v)          A sustainable transport plan and a traffic management plan be submitted to the satisfaction of the General Manager.

(vi)         The sale and consumption of alcohol in compostable containers within the market area at Long Beach Reserve be approved upon the applicants being successful in applying for a liquor licence from the Liquor and Gaming Branch, subject to the following conditions:

(vii)        The terms and conditions of the liquor licence issued by the Liquor and Gaming Branch be adhered to at all times; and

(viii)       The sale of alcohol be restricted to within the area of the park occupied by the Market, as set out in the City’s licence to the Market operators.

(ix)         The application be subject to all terms and conditions for the booking of Council parks including adherence with the Parks Recreation and Natural Area’s By-Law.

(x)          The applicant be required to obtain a place of public assembly licence and any food permits required by the Council’s Environmental Health Unit.

(xi)         The licence agreement be updated outlining the conditions of use of the area, including ensuring that the public use of the area is maintained whilst the Market is being staged and that the range of stalls at the Market are complimentary to other markets that are already running successfully in the City.

(xii)        The applicant must produce evidence of public liability insurance to the value of $20 million.

(xiii)       The applicant will be responsible for any damage to Council property, whether caused by the hirer or any other person or persons associated with the event.

(xiv)       Any signs or banners must have prior approval of the Council, including their location in the reserve area or in any other areas outside of the reserve controlled by the Council.

(xv)        All litter and waste generated by the function is to be removed from the area at the conclusion of each Market. The area is to be cleaned by the hirer after each usage of the site. The applicant is to provide sufficient bins on-site, in addition to those already in place to cater for any litter and waste generated.

(xvi)       All food and beverages must be served in compostable containers and the applicant is to provide a three bin system for the disposal of food or beverages consumed on-site.

(xvii)      A risk assessment be undertaken by the applicant, to the satisfaction of the General Manager, to ensure the site is suitable for the Market, including access to required facilities such as parking and toilet facilities.

(xviii)     The Market is not to be run during other special events that may be located in the area including the Sandy Bay Regatta, unless by agreement.

2.      The licence agreement be subsequently reviewed on an annual basis by the General Manager with necessary changes applied to ensure the City’s requirements continue to be met with the annual review to take into consideration, value, activation, impacts and sustainability.

3.      The General Manager be authorised to amend or rescind any condition of this licence at any time, for any reason, as deemed appropriate.

26.      Change to Council Meeting Time, Monday 20 August 2018 - Hobart-Yaizu Sister City, Mayor Nakano and Yurikamome Choir Delegation 17-23 August 2018

That the Council meeting Monday 20 August 2018 start at 5.30pm.

Sexton

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

27.      Frankly Diversity Conference - 30 August 2018 - Aldermanic Nominations

That:   1.    The Council consider Aldermanic nominations for the Frankly Diversity Conference to be held at Wrest Point on 30 August 2018.

2.    The registration cost of approximately $250 + GST per person be attributed to the Aldermanic conference attendance allocation function of the 2018-19 Annual Plan.

Sexton

Briscoe                                                                                                                      

That the recommendation be adopted and Alderman Burnet attend the conference.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    Alderman Burnet attend the Frankly Diversity Conference to be held at Wrest Point on 30 August 2018.

2.    The registration cost of approximately $250 + GST be attributed to the Aldermanic conference attendance allocation function of the 2018-19 Annual Plan.