Minutes (Open Portion)

Council Meeting

Page 1

25/9/2023

Minutes (Open Portion)

Council Meeting

Page 1

25/09/2023

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 28 August 2023, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Dutta                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

Elliot

Behrakis                                                                                                                    

That item 9 of the closed agenda be transferred to the open the agenda.

MOTION CARRIED

VOTING RECORD

Zucco

Elliot                                                                                                                          

That closed item 9 be taken after item 9 of the open agenda.

 MOTION LOST

VOTING RECORD

Posselt

Elliot                                                                                                                          

That closed item 9 be taken after item 27 and be recorded as item 31 of open minutes.

MOTION CARRIED

VOTING RECORD

No questions were asked.

The Acting Chief Executive Officer tabled an updated petition calling for the Council to ban all diesel tourist buses and those with a carrying capacity greater than twenty people, from travelling through the historic suburb of Battery Point.

There were an additional 146 signatories to the petition bring the total to 154 signatures.

Burnet

Harvey                                                                                                              

That the updated petition be received and noted, and referred for an officer report to be provided to a future Council meeting.

MOTION CARRIED

VOTING RECORD

Attachments

a    Petition - Battery Point Diesel Buses - Additional Signatures ⇨  

10.      Review of the Capital City Strategic Plan 2019-29

Burnet

Dutta     

That the recommendation contained in the officer report, marked as item 10 of the Open Council Agenda of 25 September 2023, be adopted.

Amendment

Posselt

Bloomfield                                                                                                              

That the following additional strategies be included in the Capital City Strategic Plan 2023: 

1.  Page 23/41: “5.1.8 Consider children and family needs in city mobility planning” 

2.  Page 29/53: “7.3.6 Consider the needs of children and families in all infrastructure design” 

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the refreshed City of Hobart Capital City Strategic Plan 2023, marked as Attachment A to item 10 of the Open Council Agenda of 25 September 2023, amended by the inclusion of the following strategies:

1.    “5.1.8 Consider children and family needs in city mobility planning” 

2.    “7.3.6 Consider the needs of children and families in all infrastructure design” 

11.      Rates and Charges Policy Amendment - Vacant Residential Land Rates Remission Incentives

Behrakis

Sherlock     

That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 25 September 2023, be adopted.

Amendment

Elliot

Zucco                                                                                                                          

That the Rates and Charges Strategy be changed so that it is only planning approval that is required in order to access the rates remission for vacant residential land, removing the requirement for building and plumbing and all other permits to be in place, with the maximum remission period being two years only. 

AMENDMENT LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council approve an amendment to the City of Hobart Rates and Charges Policy to reflect the introduction of a policy for part rates remission for residential vacant land under development.

2.      The Chief Executive Officer’s delegation pursuant to section 22 of the Local Government Act 1993, delegating the power to approve rates remissions up to a limit of $2,000 per property per application, with remissions above that limit being approved by absolute majority of the Council, be amended to $8,000 and be reflected in the City of Hobart Rates and Charges Policy. 

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

12.      2022-23 Annual Plan - Final Report for the Financial Year

Burnet

Dutta     

That the recommendation contained within the officer report, marked as item 12 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council note the 2023-24 Annual Plan final report for the year ending 30 June 2023, marked as Attachment A to this report.

13.      2022-23 Capital Works Program Report as at 30 June 2023

Burnet

Sherlock     

That the recommendation contained within the officer report, marked as item 13 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council receive and note the report titled ‘2022-23 Capital Works Program Report as at 30 June 2023’ in respect to the City of Hobart’s Capital Works Program for 2022-23.

14.      Doone Kennedy Hobart Aquatic Centre - Warm Water Pool Project Update

Burnet

Sherlock     

That the recommendation contained in the officer report, marked as item 14 of the Open Council Agenda of 25 September 2023, be adopted.

Amendment

Elliot                                                                                                                          

That Council make contact with other aquatic providers in the region with the view to developing a shared aquatic facilities strategy for southern Tasmania.

The amendment lapsed for want of a seconder.

Amendment

Dutta

Harvey                                                                                                                        

That clause 2 be amended to extend the date from 31 October 2023 to 30 November 2023.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council continue to lobby the funding partners and stakeholders to retain existing grant funding and seek additional funding opportunities for the construction of the Warm Water Pool and Wellness Centre.   

2.      That in the event the additional required funding for the Warm Water Pool and Wellness Centre project is not forthcoming from the Federal and State Governments by 30 November 2023, then the Council formally advise the Federal and State Governments that it is not able to proceed with the project at this stage.

3.      Should the project not proceed then funding to replace critical assets at risk of failure or non-compliance that were to be replaced by the completion of the Wellness Centre, be considered for funding in the 2024-25 budget. 

15.      Proposed 2023-24 Financial Year Capital Works Program

Burnet

Sherlock     

That the recommendation contained within the officer report, marked as item 15 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The projects identified in the 2023-24 Capital Works Program - Priority A List, marked as Attachment A to item 15 of the Open Council Agenda of 25 September 2023, be approved for delivery in 2023-24.

2.      The projects identified in the 2023-24 Capital Works Program - Priority B List, marked as Attachment B to item 15 of the Open Council Agenda of 25 September 2023, be endorsed for delivery within 2023-24 (subject to availability of funding within the approved capital expenditure budget).

16.      City Economy Strategy

Bloomfield

Posselt         

That the recommendation contained in the officer report, marked as item 16 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council approve the City Economy Strategy 2023 – 2028, marked as Attachment A to item16 of the Open Council Agenda of 25 September 2023, as the City’s whole of organisation strategic priorities for economic development.

17.      Community Engagement Framework and Policy

Sherlock

Posselt         

That the recommendation contained in the officer report, marked as item 17 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council endorse the Community Engagement Policy, marked as Attachment A to item 17 of the Open Council Agenda of 25 September 2023

2.      Council endorse the Community Engagement Framework, marked as Attachment C to item 17 of the Open Council Agenda of 25 September 2023.

18.      Central Hobart Plan - Finalisation Report

Burnet

Harvey

That the recommendation contained within the officer report, marked as item 18 of the Open Council Agenda of 25 September 2023, be adopted.

Amendment

Posselt

Behrakis                                                                                                                    

That clause 2 be amended to include the words ‘by March 2024’ after the word ‘developed’.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council endorse the Central Hobart Plan final draft marked as Attachment A to item 18 of the Open Council Agenda of 25 September 2023.

2.      An implementation plan be developed by March 2024 to document actions and monitor progress in the implementation of the Central Hobart Plan and progress be reported to the Council on an annual basis. 

19.      Personal Mobility Device (PMD) Fee Structure

Burnet

Posselt         

That the recommendation contained in the officer report, marked as item 19 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve a fee for the issuing of a Personal Mobility Device permit under section 56C of the Vehicle and Traffic Act 1999 (Tas) at a rate of 50 cents per scooter per day with a minimum of 500 e-scooters per day.

2.      The Council delegate to the Chief Executive Officer the power of Council to impose and remit a fee under sections 205 and 207 of the Local Government Act 1993 (Tas) for the issuing of a Personal Mobility Device permit under section 56C of the Vehicle and Traffic Act 1999 (Tas).

20.      Hobart Community Awards - Review

Burnet

Posselt

That the recommendation contained in the officer report, marked as item 20 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council resolve to cease delivery of the Hobart Community Awards Program and reallocate resources towards an expanded Community Volunteer Recognition Program to be delivered to celebrate International Volunteer Day and recognise City of Hobart volunteers.

21.      Response to Petition - Mount Nelson Pedestrian Infrastructure

Posselt

Behrakis       

That the recommendation contained within the officer report, marked as item 21 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council notes the matters raised in the petition concerning Mount Nelson pedestrian infrastructure.

2.      That priority pedestrian infrastructure improvements in Mount Nelson be determined by developing a Walking and Cycling Plan for Mount Nelson (School Access Travel Plan and or Local Area Mobility Plan).

3.      The funding of $75,000 for the development of a Local Area Mobility Plan and/or school access travel plan be listed for consideration in the 2024-25 operational budget.

4.      The lead petitioner be advised of the Council’s decision.

22.      Response to Notice of Motion - Talent Acquisition Policy

Burnet

Dutta     

That the recommendation contained within the officer report marked as item 22 of the Open Council Agenda of 25 September 2023, be adopted.

Procedural Motion

Dutta

Posselt                                                                                                                      

That the matter be deferred for further consideration at a Council Workshop.

PROCEDURAL MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the matter of the Talent Acquisition Policy be deferred for further consideration at a Council Workshop.

23.      Lease Renewal - Battery Point Sea Scouts - Marieville Esplanade, Sandy Bay

Burnet

Lohberger  

That the recommendation contained within the officer report, marked as item 23 of the Open Council Agenda of 23 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      A new lease to Scouts Tasmania over the premises commonly known as the Battery Point Sea Scout Hall, 3 Marieville Esplanade, Sandy Bay be approved for a period of five (5) years.

2.      The lease be provided to Scouts Tasmania at a nominal rental of $100 per annum on the condition that they meet all maintenance responsibilities and outgoings.

3.      The Chief Executive Officer be authorised to finalise the terms and conditions of the lease.

4.      In accordance with the Council Policy ‘Grants and Benefits Disclosure’ the benefit recognised to Scouts Tasmania by way of a reduced rental as part of the lease be disclosed in the City’s Annual Report.

24.      Lease Renewal - John Turnbull Oval Kiosk - North Hobart Junior Football Club

Harvey

Lohberger

That the recommendation contained within the officer report, marked as item 24 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The current lease for the John Turnbull Oval Kiosk, Creek Road, Lenah Valley held by the North Hobart Junior Football Club and Hobart District Little Athletics Club be terminated.

2.      A new lease of the facility be approved to the North Hobart Junior Football Club for a period of five (5) years.

3.      The lease be provided at a nominal rental of $100 per annum on the condition that they meet all maintenance responsibilities and outgoings.

4.      The Chief Executive Officer be authorised to finalise the terms and conditions of the lease.

5.      In accordance with the Council Policy ‘Grants and Benefits Disclosure’ the benefit recognised to North Hobart Junior Football Club by way of a reduced rental as part of the lease be disclosed in the City’s Annual Report.

25.      National Housing and Homelessness Action Plan - City of Hobart draft submission

Dutta

Burnet  

That the recommendation contained within the officer report, marked as item 25 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the submission, marked as Attachment A to this report, to the Australian Government in respect of the National Housing and Homelessness Plan.

26.      Portfolio Committees - Work Plan Approval

Burnet

Posselt         

That the recommendation contained within the report of the Acting Chief  Executive Officer, marked as item 26 of the Open Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council approve the work plans, marked as Attachments A to G of item 26 of the Open Council Agenda of 25 September 2023, for the following Portfolio Committees:

a.         City Mobility

b.         City Water

c.         Climate Futures

d.         Creative City of Hobart

e.         Healthy Hobart

f.          Housing and Homelessness

g.         Sustainability in Infrastructure

27.      Elected Member Representation on External and Internal Bodies

Burnet

Bloomfield

That the recommendation within the report of the Acting Chief Executive Officer, marked as item 27 of the Open Council Agenda of 25 September 2023, be adopted and that nomination be called for.

The Lord Mayor called for and received the following nominations:

Maritime Museum of Tasmania Committee – Councillor Kelly

CyclingSouth Inc Committee – Councillor Harvey and Councillor Posselt

Heritage Account Special Committee – Lord Mayor Councillor Reynolds, Deputy Lord Mayor Councillor Burnet and Alderman Bloomfield.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council appointed the following Elected Member representations for the duration of the current term of Council:

(i)      Maritime Museum of Tasmania Committee – Councillor Kelly

(ii)     CyclingSouth Inc Committee – Councillor Harvey and Councillor Posselt

2.      The Council approve for the CEO or their nominee to be appointed as the proxy for the Maritime Museum of Tasmania Committee.

3.      The Council appoint the following Elected Members to the Heritage Account Special Committee for the duration of the current term of Council:

(i)        Lord Mayor Councillor Reynolds

(ii)      Deputy Lord Mayor Councillor Burnet

(iii)     Alderman Bloomfield

4.      The Chief Financial Officer replaces the former Manager Rates, Procurement and Finance Operations on the Heritage Account Special Committee.

28.      Responses to Questions Without Notice

Memorandum of the Director Connected City 14 September 2023.

Memorandum of the Director Connected City 13 September 2023.

Burnet

Dutta                                              That the information be received and noted.

MOTION CARRIED

VOTING RECORD

29.      Questions Without Notice

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

File Ref: 13-1-10

Question:

In light of the significant financial constraints this current Council is enduring, can the Acting Chief Executive Officer provide an update on the legal costs associated with Elected Members as a generic total since this Council started in November last year?

I am keenly aware that we ALL have used these vital services but feel equally that we are also personally accountable for such costs.

Answer:

The Acting Chief Executive Officer took the question on notice.

LG(MP)R 15(2)(g) -         information of a personal and confidential nature or information                                       provided to the council on the condition it is kept confidential

Motion

1.   “This motion seeks to re-affirm Council’s previous commitment to the principles of respectful behaviour, per our obligations under section 28T of the Local Government Act 1993, further noting that Council only adopted its Code of Conduct on 20 February 2023, and

2.   That the Council note Councillor Elliot’s previous comments and social media posts made after the Workshop on Inclusion and Gender Diversity, held on September 4, (see attached) and that they may constitute a breach of the Code of Conduct, Local Government Act 1993 (Tas) and/or the Anti-Discrimination Act 1998 (Tas), and

3.   In considering (1) and (2) that the Lord Mayor write to the Director of Local Government and the Anti-Discrimination Commissioner to refer the matter for consideration against the Code of Conduct, Local Government and/or Anti-Discrimination Acts.”

Rationale:

“There is a community and legislated expectation of behaviour for elected members,  which risks being eroded. Especially when there is sustained negative public comment(s) via social media that could be considered as either attacking either communities, individuals, or mocking Council processes, staff or fellow elected members. The behaviour also risks bringing the Council into disrepute.

Elected members have a responsibility to act with good intention and to not bring the Council into disrepute. As per s28T of the Local Government Act 1993, the Code of Conduct, adopted on February 20, 2023 states in part:

Part 3 (1) The actions of an elected member must not bring the Council or the office of elected member into disrepute; and

Part 7 (1): An elected member– (a) must treat all persons fairly; and (b) must not cause any reasonable person offence or embarrassment; and (c) must not bully or harass any person; and

Part 8: (5) An elected member’s personal views must not be expressed publicly in such a way as to undermine the decisions of the Council or bring the Council into disrepute;

(6) An elected member must show respect when expressing personal views publicly, and

(7) The personal conduct of an elected member must not reflect, or have the potential to reflect, adversely on the reputation of the Council.”

Burnet

Bloomfield                                                          That the motion be adopted.

Amendment

Lohberger

Posselt                                                                                                                      

That a new clause 4 be included that reads:

4.    The email sent by Cr Elliot to all other Hobart City Councillors and the Council CEO at 4:18pm on Thursday 21 September 2023 be referred to the Director of Local Government, and that the email also be referred to the Tasmanian Integrity Commission.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION
CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.   This motion seeks to re-affirm Council’s previous commitment to the principles of respectful behaviour, per our obligations under section 28T of the Local Government Act 1993, further noting that Council only adopted its Code of Conduct on 20 February 2023, and 

2.   The Council note Councillor Elliot’s previous comments and social media posts made after the Workshop on Inclusion and Gender Diversity, held on September 4, (see attached) and that they may constitute a breach of the Code of Conduct, Local Government Act 1993 (Tas) and/or the Anti-Discrimination Act 1998 (Tas), and 

3.   In considering (1) and (2) that the Lord Mayor write to the Director of Local Government and the Anti-Discrimination Commissioner to refer the matter for consideration against the Code of Conduct, Local Government and/or Anti-Discrimination Acts. 

4. The email sent by Cr Elliot to all other Hobart City Councillors and the Council CEO at 4:18pm on Thursday 21 September 2023 be referred to the Director of Local Government, and that the email also be referred to the Tasmanian Integrity Commission.

32.      City of Hobart Grants Program - Annual Program 2023 Recommendations

Harvey

Behrakis       

That the recommendation contained within officer report, marked as item 7 of the Closed Council Agenda of 25 September 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve the following grants as listed to a total value of $455,000 under the 2023-24 Community Grants Program

Major Cultural organisations:

(i)         MCO231 Tasmanian Symphony Orchestra         $30,000

(ii)        MCO232 Tasmanian Museum and Art Gallery   $35,000

(iii)       MCO235 Theatre Royal                                          $35,000

Event Partnerships:

(iv)       EP2302 Beaker Street Ltd                                      $70,000

(v)        EP2303 Ten Days on the Island                           $50,000

(vi)       EP2304 USM Events Pty Ltd                                 $20,000

(vii)      EP2306 Australian Antarctic Festival                   $40,000

(viii)     EP2309 Festival of Voices                                     $70,000

(ix)       EP2310 Deepavali Tasmania Incorporated         $30,000

(x)        EP2313 Trail Ventures Pty Ltd                               $50,000

(xi)       EP2314 Epic Events and Marketing                     $25,000

(xii)      EP2315 Shadow Ground                                       $15,000

(xiii)     EP2312 Paradise Live Entertainment                  $15,000

2.      Council note that in accordance with the Grants Program Policy, Acting Chief Executive Officer approval has been given for the unallocated funds to remain in the Creative Hobart Grant stream and be made available to the Creative Hobart Small and Medium grants.

3.      The funding for the approved grants be attributed to the Community Grants Budget Function provided in the City of Hobart’s 2023-24 Annual Plan.

4.      The total grant provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s 2023-24 Annual Report. 

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 the decision be recorded in the open portion of the meeting.