Minutes (Open Portion)

Council Meeting

Page 2

28/1/2025

Minutes (Open Portion)

Council Meeting

Page 3

28/01/2025

The Chairperson reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 9 December 2024, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Sherlock

Lohberger                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

On 6 January 2025, the Non-Resident Nepali Association (NRNA) presented the City of Hobart with a gift of a ‘Khukuri’ knife - a traditional Nepalese curved knife that is uniquely bent and versatile and has been used for centuries in the Himalayan region. It is typically associated with the Gurkhas, a group of warriors from Nepal, and is an iconic symbol of strength, bravery, and loyalty.  

The cultural significance of the Khukuri is considered as a ‘symbol of protection and courage’.  

The purpose of this gift is to symbolise everlasting friendship and cultural exchange. It is NRNA’s way of thanking the City for its generous support toward their community and events. The NRNA hope to strengthen the relationship between our cultures and highlight the importance of mutual respect and cooperation.  

The Lord Mayor reported, that as part of her role as Lord Mayor and the duties set out under the Local Government Act 1993, she has produced her 2023-2024 annual report.

The Report outlines the work that is carried out by her in her capacity as Lord Mayor to meet the eight specific functions and duties under legislation.

Some interesting statistics in key areas include:

·           Receiving and responding to 782 individual items of correspondence

·           34 one-on-one constituent meetings, including at 7 Mayor in the Chair sessions held in places around the City.

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

·           Launched or opened 121 events, hosted 11receptions, run 13 Town Hall sessions for schools and provided 75 media interviews.

The Report will be made available on the Council’s website and will be attached to the Minutes of this meeting.

Attachment

a    Lord Mayor Annual Report 2024 ⇨  

The Lord Mayor reported that on Tuesday 21 January 2024, the City warmly welcomed a delegation from our sister city L'Aquila in Italy, led by Mayor Pierluigi Biondi. He was accompanied by the new Consul General for Italy in Melbourne.

While the visit was brief, we had an extremely constructive meeting to discuss upcoming projects and identify new areas for collaboration.

In partnership with our sister city committee, we are supporting a sister school relationship which involves St Mary's College and working towards an artist exchange through Salamanca Arts Centre.

We're also going to explore new opportunities around university, science and tourism as L'Aquila is very proud of their university city status ad is also Italy's Capital of Culture in 2026.

Our relationship with L'Aquila is almost 30 years old and was established through the links of our Abruzzese community which has long being an important part of Hobart's social fabric. 

The Lord Mayor was presented with a commemorative plaque which reads:

To Hobart Municipality

In the name of historic friendship, strengthened by the twinning bond, confirmed by the solidarity expressed even in the darkest moments, the Municipality of L’Aquila

Expresses feelings of deep gratitude and brotherhood.

January 2025

No public questions were asked.

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

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

SHERLOCK
BLOOMFIELD

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

6.2.1 Bike Racks and Shared Footpaths

Letter of the Director Strategic and Regulatory Services of 9 December 2024.

6.2.2 Cycling Lanes in Collins Street

Letter of the Director Strategic and Regulatory Services of 6 December 2024.

6.2.3 Collins Street Idling Emissions

Letter of the Director Strategic and Regulatory Services of 6 December 2024.

6.2.4 Cycling Lane Collins Street

Letter of the Director Strategic and Regulatory Services of 6 December 2024.

6.2.5 Collins Street Cycling Lanes

Letter of the Director Strategic and Regulatory Services of 3 January 2025.

6.2.6 Derwent Ferry Service

Letter of the Project Manager – Office of the CEO of 23 December 2024.

6.2.7 Treasury Building

Letter of the Director Strategic and Regulatory Services of 3 January 2025.

MOTION CARRIED

VOTING RECORD

7.1      Petition - Request for Public Meeting

HARVEY

POSSELT

That the recommendation contained within the officer report, marked as item 7.1 of the Open Council Agenda of 28 January 2025, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council note and receive the petition calling for a public meeting in relation to the Collins Street Cycleway; and

2.      Council note that formal advice will be provided to the petitioner that the petition fails to meet the statutory requirements of section 59(2)(b) of the Local Government Act 1993, in that the petition only contains 970 signatures that match either the electoral roll or General Manager’s roll, noting that the Act allows the petitioner to continue to provide Council with an updated copy of the petition at any time; and

3.      Noting that officer advice in respect of section 60 Local Government Act 1993 will be provided at such time as the petition complies with the statutory requirements of section 59(2)(b), the Chief Executive Officer, or their delegate, be authorised to commence work on section 60-60A requirements for action on petitions calling for a public meeting in the expectation that the 1,000 signatory threshold will be satisfied in the near term.

10.      West Hobart Local Area Mobility Plan

Sherlock

Harvey

That the recommendation contained within the officer report, marked as item 10 of the Open Council Agenda of 28 January 2025, be adopted.

PROCEDURAL MOTION

KELLY

BLOOMFIELD

That the matter be deferred to provide City Officers time to contact all property owners and given the opportunity to respond to the Local Area Mobility Plans for West Hobart prior to adoption.

PROCEDURAL MOTION LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

COUNCIL RESOULTION:

That:

1.      Council notes the outcomes of public engagement on the Local Area Mobility Plans for West Hobart marked as Attachment B to item 10 of the Open Council Agenda of 28 January 2025.

2.      Council endorses the West Hobart Local Area Mobility Plan marked as Attachment A to item 10 of the Open Council Agenda of 28 January 2025, and that the projects outlined in the plan be considered for future financial years funding.

11.      Annual Plan Progress Report for the period ending 31 December 2024

Lohberger

Sherlock

That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 28 January 2025, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council note the 2024-25 Annual Plan Progress Report for the period ending 31 December 2024, marked as Attachment A to item 11 of the Open Council Agenda of 28 January 2025.

12.      Proposed delegation - Planning

Sherlock

Lohberger

That the recommendation contained within the officer report, marked as item 12 of the Open Council Agenda of 28 January 2025, be adopted.

AMENDMENT

POSSELT

SHERLOCK

If a developer requires to exercise a request for an extension of time; and is in excess of six years of when the Council initially approved the development, the Council is to be informed.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.         The Council makes the delegation to officers contained in Attachment A to item 12 of the Open Council Agenda of 28 January 2025.

2.         If a developer requires to exercise a request for an extension of time; and is in excess of six years of when the Council initially approved the development, the Council is to be informed.

13.      Cornelian Bay Track

Councillor Lohberger

Motion:

“That the Council requests a report into:

1.     The damaged section of the Cornelian Bay track that has led to its partial closure;

2.     The work required to repair or traverse the damaged part of the track; and 

3.     The possibility of transferring ownership from the Royal Tasmanian Botanical Garden, which currently owns the land.”

Rationale:

“The Cornelian Bay track is one of Hobart’s most beautiful and popular short walks, winding through a rare remaining piece of coastal bushland between the Cornelian Bay boatsheds and the lower entrance of the RTBG. It is heavily used by the public, but a lengthy section has been closed since late last year, due to storm surge damage on a short but exposed part of the track that runs just above the high tide line. 

The track travels across an unusual parcel of land, owned by the RTBG but cut off from the gardens by a highway, as well as the former train line and intercity cycleway. There are no crossing points between the gardens and the track. The current arrangements for the track are also unusual, with the RTBG owning the land, while the Council installed and maintained the track. It would be far more logical if the Council owned this parcel.

The short section of damaged track needs to be repaired or replaced, and it is clear that the Council bears the ultimate responsibility as the organisation that built and maintained the track and the associated signage. There is already an extensive built walkway on another section of the track - Council could either repair the damaged section, or install a short, raised walkway to cross it.”

Administration Response to Notice of Motion

Discussion

1.   It is recognised that, if feasible, it is desirable to maintain public access along the Cornelian Bay Foreshore Track for visitor experience, network connectivity and the reasons outlined above by Councillor Lohberger.

2.   Officers can investigate and prepare a Council report on the damaged section of the Cornelian Bay track that has led to its partial closure, subject to permission / support from Royal Tasmania Botanical Gardens (RTBG), as the section in question is on their land.  However, it will take a number of months to properly consider the range of issues the request raises which include land tenure, heritage issues, legal considerations, environmental conditions at the River Derwent edge, infrastructure requirements and estimated costs.

3.   Regarding “while the Council installed and maintained the track.”  It is noted that to the best of officer’s knowledge, the City of Hobart (CoH) did not build the track, because the track is on RTBG land. CoH do not maintain the track for the same reason, and commonly refer visitor / ratepayer requests for maintenance of that section of track to the RTBG.

4.   It is noted that the transfer of land suggested in the above motion is one potential option that would require further investigation, discussions and negotiations with the RTBG.  It is one of a number of options that require consideration which include:

a.   Shifting the rail crossing to where it can be crossed from the HCC owned and managed track.

b.   RTBG retain land and decommission track.

c.   RTBG retain land and lower service level to a class 4 track.

d.   RTBG retain land and lease or licence track corridor to HCC for HCC to repair and maintain,

e.   RTBG transfer ownership of land to HCC.

5.   A more detailed analysis of the options is required by the City before a recommendation is made.  A potential transfer would impose extra costs and risks on the City through the management of the land, the track and related infrastructure.

6.   Figures 1,2 and 3 below include a map of the area showing the track, title boundaries of HCC / RTBG, location of the eroded track at the water edge, and the railway crossing that connects the gravel foreshore track to the Intercity Cycleway.

Figure 1 – Site Context and Features

Figure 2 – Section of eroded track at             Figure 3 – Site Context

waters edge on RTBG land

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:                5 Movement and Connectivity

Outcome:         5.2 Hobart has effective and environmentally sustainable transport systems.

Strategy:          Develop, upgrade and maintain the City’s network of roads, bridges, cycleways, footpaths and walkways to ensure they are safe, accessible and sustainable.

Legislation and Policy

Legislation:     Heritage

Policy:              Not Applicable

Financial Implications

1.    The upfront capital cost and ongoing maintenance costs of a range of options need to be properly assessed.

2.    It is noted that building a boardwalk through the affected area could be expensive and also have high maintenance costs due environmental conditions along the edge of the River Derwent.

Lohberger

Sherlock                                                               That the motion be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council requests a report into:

1.     The damaged section of the Cornelian Bay track that has led to its partial closure;

2.     The work required to repair or traverse the damaged part of the track; and

3.     The possibility of transferring ownership from the Royal Tasmanian Botanical Garden, which currently owns the land.

14.      Rabbits in Hobart

Councillor Lohberger

Motion:

“That the Mayor write to the State Government about the rabbit baiting program that took place on the Ogilvie campus of Hobart High School during the Christmas break, and ask:

1.    Can the government please communicate with the people of Hobart about the reason behind the growing influx of rabbits into the municipality, and what it is doing about the problem now?

2.    Can the government also communicate with residents and the media, before conducting any future poison baiting programs in Hobart suburbs.”

Rationale:

The State Government is responsible for rabbit control but has stayed silent while a significant influx of rabbits is occurring throughout the Hobart municipality, unprecedented in recent times. There have been reports of rabbits in multiple suburbs, along the intercity cycleway, on the Queens Domain, and even in the CBD.

The State Government is aware of the problem. It conducted a poison baiting operation on the Ogilvie campus of Hobart High School in New Town over the Christmas break, but still said nothing.

There needs to be better communication from the government about what is happening, and what it's doing about the problem, and that includes giving proper warning before conducting poison baiting operations in Hobart.

Administration Response to Notice of Motion

Discussion

The Department of Natural Resources and Environment Tasmania (NRE) use calicivirus to control high rabbit populations in Tasmanian with releases usually occurring during autumn when environmental conditions are favourable to ensure its effective use.  However, calicivirus has been unavailable in recent times, and no release was undertaken in 2024. The Council is advised that NRE has now sourced calicivirus and have advised that Biosecurity Tasmania will now monitor conditions for a suitable time to release, which is unlikely to occur until autumn.

The State Government have also advised that Biosecurity Tasmania staff are available to work directly with the wider community to support their control of increased rabbit populations and to provide advice on alternative rabbit control strategies until calicivirus releases can be made.

There is extensive information on the NRE website in respect to European rabbit control programs (www.nre.tas.gov.au).

The use of pindone, which occurred at the Hobart High School site is typically used by landowners under the supervision of NRE. The landowner undertook the action under a permit issued to them by Biosecurity Tasmania and complied with the public notification requirements imposed by the permit.

It is certainly open for Council to write to the State Government and request information as outlined in the motion.

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:            6 – Natural Environment

                     6.1.4 - Protect and enhance Hobart’s biodiversity, manage invasive species through sensitive and ecologically sustainable use of parks and reserves.

                          6.1.5 - Regulate, measure and manage potentially polluting activities, prioritising air and water quality.

Legislation and Policy

Legislation:     Not Applicable

Policy:            Not Applicable

Financial Implications

There are no financial implications.

Lohberger

Sherlock                                           

That the motion be adopted, as amended by the inclusion of an additional clause to read as follows:

“3.     Investigations be undertaken by the relevant body as to the possibility of calicivirus being manufactured in Tasmania.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Mayor write to the State Government about the rabbit baiting program that took place on the Ogilvie campus of Hobart High School during the Christmas break, and ask:

1.    Can the government please communicate with the people of Hobart about the reason behind the growing influx of rabbits into the municipality, and what it is doing about the problem now?

2.    Can the government also communicate with residents and the media, before conducting any future poison baiting programs in Hobart suburbs.

3.    Investigations be undertaken by the relevant body as to the possibility of calicivirus being manufactured in Tasmania.

15.      RESPONSES TO QUESTIONS WITHOUT NOTICE

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

File Ref: 13-1-10

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

Posselt

Lohberger                                                                                                               

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

Memorandum of the Director Strategic and Regulatory Services 23 December 2024.

Memorandum of the Acting Director Corporate Services 14 January 2025.

Memorandum of the Manager Legal and Corporate Governance 14 January 2025.

Memorandum of the Acting Director Community and Economic Development 16 January 2025.

MOTION CARRIED

VOTING RECORD

16.      QUESTIONS WITHOUT NOTICE

Question:

Can the Chief Executive Officer advice, with the cruise ships that are in town and the large amount of smoke they are producing, whose responsibility is it to monitor that, can the Council take action or is it not our jurisdiction?

Response:

The Director Strategic and Regulatory Services advised the question has been responded to in the past and can be circulated again.

Question:

At the last Council meeting or the one before, the Council was advised we would be provided with the data from the bike counter on Argyle street on a monthly basis. When will this commence?

Response:

The Director Strategic and Regulatory Services advised the commitment was it would be provided after a 12 month period but that officers would look at what can be released earlier.

The CEO undertook to look at ways to provide the data more frequently.

Question:

Today Council officers were counting bikes on Collins Street, can the Council be provided with the results of that count data?

Response:

The Director Strategic and Regulatory Services advised a commitment was given the data would be provided after a two-month period but prior to the installation. It is expected it will be collated and provided mid March.

Question:

I am still being advised there are issues with the parking sensors and machines so I’m seeking to get on recording they are all working well?

Response:

The Chief Executive Officer advised that as far as the City was aware all the infrastructure is working well and fault rates are at an acceptable level, noting there will always be some sensors that go down and our officers respond as soon as possible. The system is working and compliant however we need to improve our processes when responding to faults.

Question:

I note we are getting advice on the reimbursement of legal expenses as a result of the McCullagh case, what is the timeline on that?

Response:

The Chief Executive Officer advised the City has engaged a King’s Counsel to be able to provide the level of advice needed as there is some contrary advice out there. The City is also working with LGAT. It anticipated the advice will be received in the next couple of weeks.

Question:

How many letters has the Council, or its legal representatives sent to businesses, organisations or individuals in the past five years that focus on or refer to defamation and or the moderation of social media comments? I am aware of seven.

Response:

The Chief Executive Officer took the question on notice.

Question:

Can we be provided with some advice or opportunity to discuss the custom and practice of shifting a Council meeting to a Tuesday when there is a Public Holiday. I understand it’s been long standing however I wonder if it can be moved forwards or backwards a week to keep it on a Monday where the community expectation is

Response:

The Council did endorse the schedule for the year however we can review it if there a particular issue.

Question:

We have heard about the proposal to install a bridge over Collins Street as part of the Stadium development. Was this taken into consideration with the other work in Collins Street with the dual bike lanes?

Response:

The Director Strategic and Regulatory Services took the question on notice.

Question:

Can we be provided with an updated FTE figure and how many new people have been appointed to new roles or existing roles as a result of the recent restructure over the last six months?

Response:

The Chief Executive Officer took the question on notice.

Question:

Can the Council be provided an outline of the previous program that Council ran to subsidise residents to buy and install water tanks. Can the answer outline why Council ran this program and why it decided to stop it?

Response:

The Chief Executive Officer took the question on notice.

Question:

What is the most recent data on how many vacant properties there are in the City of Hobart? What would be required for Council to be able to collect this data, in partnership with TasWater, on an annual basis?

Response:

The Chief Executive Officer took the question on notice.

17.      Business Arising - Questions Taken on Notice During Debate

Sherlock

Posselt

That the recommendation contained within the officer report, marked as item 18 of the Open Council Agenda of 28 January 2025, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the register of questions arising during debate, marked as Attachment A, to item 18 of the Open Council Agenda of 28 January 2025 be received and noted.

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 matter remain confidential except as required to advise the Risk and Audit Panel of the Council Resolution and for the 2025 Work Plan, marked as Attachment B to item 7 of the Closed Council Agenda of 28 January 2025, to be recorded in the Open Minutes.

Attachment

a    Risk and Audit Panel 2025 Work Plan ⇨