Minutes (Open Portion)

Council Meeting

Page 3

30/10/2023

Minutes (Open Portion)

Council Meeting

Page 6

30/10/2023

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 25 September 2023 and finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Harvey

Dutta                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor reported that whilst she was attending the Asia Pacific Cities Summit in Brisbane earlier this month, the Acting CEO and Lord Mayor met with the Mayor of Christchurch, Phil Mauger and the City of Christchurch CEO, Dawn Baxendale.

Recognising that the City of Christchurch is an important strategic partner for the City of Hobart, both are Antarctic Gateway Cities, this meeting provided a great opportunity for face-to-face engagement.

Discussed was the importance of building on the work already done together as part of the Antarctic Cities Project as well as progressing the idea of a gathering of all five gateway cities in the future.

The Christchurch Mayor presented the Lord Mayor with a gift for the City - a Hei Matau carving which represents strength, good luck and safe travels across water.  This gift will be displayed in the Town Hall.

Mr Watchorn put the following question which was taken on notice by the Lord Mayor.

Question:

Recently I contacted the Council about the 24 Plane Trees in Fitzroy Place to advise that two of them have died. These trees are 106 years old, 30m height with a branch span of 10 metres.

The Council responded quickly to my call and were on site within hours.

My question is, what will the council do now?  

Ms Keller put the following question which was taken no notice by the Lord Mayor.

Question:

Given the ongoing difficulties within the boundaries of the McRobies tip site, can the Council detail the short comings and pre-storm protocols that lead to the pollution event that occurred in the rivulet on the 21 and 22 of October 2023, as well as measures being taken to rectify those short comings.

Ms Pepingco put the following question which was taken no notice by the Lord Mayor.

Question:

From the perspective of a teacher, I’ve got children that are concerned for the rubbish that is not being contained within the tip sit and going into the rivulet and some of the children are compelled to clean it up, which isn’t a safe option for them, so I am wonder what are the Councils  plans to better contain the rubbish that comes out of the tip site?

The Acting Chief Executive Officer tabled a petition calling for the Council to improve the condition of Lower Marlyn Road fire trail (locally known as bumpy track) so that it is safe for walking and cycling.

There were 215 signatories to the petition.

Harvey

Posselt                                                                                                            

That the petition be received and noted and a report be returned to Council.  

MOTION CARRIED

VOTING RECORD

Attachments

a    Petition - Lower Marlyn Road - South Hobart ⇨  

10.      2024-25 Budget Development Process - Community Consultation

Harvey

Dutta     

That the recommendation contained within the officer report, marked as item 10 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council endorse the proposed approach to community consultation as part of the development of the 2024-25 Budget.

2.      Council endorse the proposed timetable for the development of the 2024-25 Budget.

11.      Review of Customer Service Charter and Annual Complaints and Compliments Report 2022-23

Sherlock

Posselt         

That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Customer Service Charter marked as Attachment A to item 11 of the Open Council Agenda of 30 October 2023, be endorsed.

2.      The Council note that current projects underway to improve customer interface and experience will necessitate a full review of the Charter which is expected to take place after mid-2024 and will be reported back to Council.

12.      Mount Nelson and Sandy Bay Neighbourhood Plan - Discussion Paper

Dutta

Posselt         

That the recommendation contained within the officer report, marked as item 12 of the Open Council Agenda of 30 October 2023, be adopted.

Amendment

Posselt

Elliot                                                                                                                          

That the consultation period for public submissions be extended for two weeks until 1 January 2024.

AMENDMENT CARRIED

VOTING RECORD

Amendment

Lohberger

Bloomfield                                                                                                              

That the following disclaimer be added to the end of the document:

“This discussion paper is not an endorsement of the UTAS intention to relocate from the Sandy Bay campus, and should not be taken as such.”

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.    The Council endorse the release of the Mount Nelson and Sandy Bay Neighbourhood Plan Discussion Paper (Attachment A to item 12 of the Open Council Agenda of 30 October 2023), the background Economic Analysis (Attachment B to item 12 of the Open Council Agenda of 30 October 2023), the Aboriginal Heritage Report (Attachment C to item 12 of the Open Council Agenda of 30 October 2023) and the Historic Heritage Considerations Report (Attachment D to item 12 of the Open Council Agenda of 30 October 2023) for use during consultation with the community.

2.    The consultation period for public submissions close on 1 January 2024.

3.    The following disclaimer be added to the end of the discussion paper document:

“This discussion paper is not an endorsement of the UTAS intention to relocate from the Sandy Bay campus, and should not be taken as such”

13.      Fire Management Policy

Sherlock

Harvey

That the recommendation contained within the officer report, marked as item 13 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Draft Fire Management Policy, marked as Attachment A to item 13 of the Open Council Agenda of 30 October 2023, be endorsed by Council.

14.      Memorandum of Understanding with Wellington Park Management Trust

Sherlock

Harvey

That the recommendation contained within the officer report, marked as item 14 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.    The Council receive and note the report provided and endorse the MoU included as Attachment A to item 14 of the Open Council Agenda of 30 October 2023.

2.    The CEO nominate relevant officers to progress further dialogue with the Trust in an endeavour to set out a collaborative work program that progresses the preservation and enhancement of the parks values. 

15.      Property Valuation Base for Council Rating - Proposal for Change

Harvey

Bloomfield

That the recommendation contained within the officer report, marked as item 15 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve a change to the City’s property valuation base for the purpose of rating from Assessed Annual Value to Capital Value to take effect from 1 July 2024 for the 2024-25 rating year. 

2.      As the City’s property valuation base for the purpose of rating is part of the City’s Rating and Valuation Strategy review, that a change to the City’s property valuation base be included in the communications and media strategy being developed to support the Rating and Valuation Strategy review.

16.      Tasmanian Road Management Legislation Review - City of Hobart draft submission

Posselt

Sherlock     

That the recommendation contained within the officer report, marked as item 16 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the submission, marked as Attachment B to item 16 of the Open Council Agenda of 30 October 2023, provided to the Tasmanian Government to inform the review of the Tasmanian Road Management Legislation.

17.      Public Art Equipment - New fees and charges

Sherlock

Bloomfield

That the recommendation contained within the officer report, marked as item 17 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve the series of fees and charges for the hire of public art equipment, as detailed in Attachment A to item 17 of the Open Council Agenda of 30 October 2023

2.      If approved, the fees and charges be added to the City’s overall fees and charges booklet.

18.      Petition Response - A Safe and Continuous Pedestrian Link for Strickland Avenue from Cascade Silos to the intersection of Marlyn Road

Harvey

Sherlock     

That the recommendation contained within the officer report, marked as item 18 of the Open Council Agenda of 30 October 2023, be adopted.

Amendment

Posselt

Lohberger                                                                                                               

That:

1.    Clause 2 be amended to read as follows:

2. The work undertaken to date on the School Active Travel Plans for South Hobart Primary School specifically the project to undertake feasibility of pedestrian improvements and parking management on Strickland Avenue, between Cascade Silos and Marlyn Avenue be noted and progressed.

2.    A new clause 4 be included to read as follows:

4. Council officers provide support to any community grant applications relating to this matter.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council note the concerns raised in the petition titled “ A safe and continuous pedestrian link for Strickland avenue” received on 25 June 2023.

2.      The work undertaken to date on the School Active Travel Plans for South Hobart Primary School specifically the project to undertake feasibility of pedestrian improvements and parking management on Strickland Avenue, between Cascade Silos and Marlyn Avenue be noted and progressed.

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

4.      Council officers provide support to any community grant applications relating to this matter.

19.      Urban Design Advisory Panel - Review Terms of Reference

Harvey

Sherlock     

That the recommendation contained within the officer report, marked as item 19 of the Open Council Agenda of 30 October 2023, be adopted.

Amendment

Dutta

Posselt                                                                                                                      

That the clause requiring members of the Urban Design Advisory Panel to declare conflicts of interest, real or perceived, and that they may not take part in any Panel meetings in which they have declared an interest, be retained.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.         The Urban Design Advisory Panel’s Terms of Reference be amended in accordance with Attachment B to item 19 of the Open Council Agenda of 30 October 2023, with the exception of the conflict of interest clause which should be retained and reads;

a.    …declare if they have a conflict of interest, real or perceived, and may not take part in any Panel meeting for which they have declared a conflict of interest and…

2.      Public nomination for Urban Design Advisory Panel members (other than those members who are nominations from the Tasmanian Chapters of the Australian Institute of Architects and the Australian Institute of Landscape Architects) be called and the current incumbents be invited to nominate.

20.      Portfolio Committees - Work Plan Approval

Harvey

Bloomfield

That the recommendation contained within the report of the Acting Chief Executive Officer, marked as item 20 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council approve the work plans, marked as Attachments A to D, for the following Portfolio Committees:

a.         City Economy

b.         City Heritage

c.         Future Hobart

d.         Welcoming and Inclusive City

21.      Delegation - Use of Common Seal

Harvey

Posselt         

That the recommendation contained within the report of the Acting Chief Executive Officer, marked as item 21 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the delegation in respect to the affixation of the Common Seal by any two of the following Council officers, or such persons who may be acting in those positions:

·    Chief Executive Officer

·    Director City Futures;

·    Director City Life;

·    Director Connected City;

·    Director City Enablers;

·    Head of Intergovernmental Relations and Partnerships;

·    Manager Surveying Services;

·    Manager Legal and Corporate Governance.

For the avoidance of doubt, Chief Executive Office means the General Manager appointed by Council pursuant to s61 of the Local Government Act 1993.

22.      Local Government Association of Tasmania -
Motions for November General Meeting

Sherlock

Bloomfield

That the recommendation contained within the report of the Acting Chief Executive Officer, marked as item 22 of the Open Council Agenda of 30 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council resolve to instruct its delegates to vote:

(i)      in favour of the motion on PWS & CLS tabled by Break O’ Day Council contained in Attachment A to item 22 of the Open Council Agenda of 30 October 2023, at 2.1.

(ii)     in favour of the motion on Line Marking tabled by the Kingborough Council contained in Attachment A to item 22 of the Open Council Agenda of 30 October 2023, at 2.2.

(iii)    in favour of the motion on Diversion and Inclusivity tabled by Kingborough Council contained in Attachment A to item 22 of the Open Council Agenda of 30 October 2023, at 2.3.

(iv)    in favour of the motion on the Review of the 42 day Timeframe tabled by Clarence City Council contained in Attachment A to item 22 of the Open Council Agenda of 30 October 2023, at 2.4.

23.      Scramble Crossings

Motion

“Whilst it is appreciated that the Scramble Crossing introduction to the City CBD intersections is a temporary measure to gain insight into traffic flow, the impact on local small businesses has been profound.

As a matter of urgency, the data be supplied to the Council on this 'temporary installation' so that any inappropriate impact can be addressed as quickly as possible.”

Rationale:

Many small businesses have reported significant drops in trade as high as 40% since the establishment of the 1^st Scramble intersection. There also has been discussion around reducing employment wages and dropping employees. Whilst I can appreciate some loss of trade may be to the shrinking of the Economy in general - the drop in trade was significant and immediate, relating more directly to the change in local conditions than merely money supply.

I have personally received a large number of anecdotal reports from small business owners and ratepayers that they are experiencing a significantly negative impact with both travel times, foot traffic and customer spend. It's vital that we thus ensure what the true impact is and address any issues discovered as a result quickly. 

My firm belief is that Hobart City Council should work towards a functional environment where small business can thrive and contribute to the community, not just with the supply of goods and services but also local employment.  

I note there is also a petition in play protesting the scramble intersection installations for this reason.

Statistically over 70% (and now in some reports over 80% given lack of public transport) of people engage with the CBD using cars.  

Public transport has fallen significantly in supplying a reliable alternative to cars given the local troubles with Metro Tasmania.  Whilst it is appreciated that $8.2Million has been given to Metro to improve this, we have yet to see any significant improvement.  This could be attributed to employees wishing to arrive to work on time (or at all) and needing a service that delivers that to them.

It makes no sense to remove car driving customers from the CBD when we have no reasonable alternatives on hand for them to use.

I have been supplied with much evidence of traffic banking up to 4 or more blocks - not helped with the roadworks also in Brisbane Street.

The impact of this traffic snarl - deliberately installed - is that people lose an extra ½ hour in travel time negotiating this scramble crossing.  This is ½ hour less time with families or healthy activities such as sport and recreation.  It is less productive time for those who wish to work.

People in stuck in transport have less time to engage and spend money.

The short transfer time for cars at the scramble crossings has led to dangerous driving behaviour. 

It has been noted several times that drivers, frustrated with the short timing at the intersection are choosing to drive faster and more aggressively to attempt to negotiate these intersections.

Bloomfield

Lohberger                                                             That the motion be adopted.

Dutta

Sherlock                                                                                                                  

That Councillor Posselt be granted an additional two minutes to address the meeting.

MOTION CARRIED

VOTING RECORD

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

The motion was lost.

24.      RESPONSES TO QUESTIONS WITHOUT NOTICE

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.

Memorandum of the Director City Enablers 16 October 2023.

Memorandum of the Director City Enablers 9 October 2023.

Recommendation:

That the information be received and noted.

Sherlock

Bloomfield                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

25.      QUESTIONS WITHOUT NOTICE

Question:

Can the Acting Chief Executive officer advise how many dwellings have shifted from short term visitor accommodation to long term rental accommodation as a result of the Council decision to double the rates for visitor accommodation properties?

Response:

The Acting Chief Executive Officer took the question on notice.

Question:

Can the Acting Chief Executive officer advise how many dwellings have been deterred as operation as a whole house visitor accommodation as a result of the Council decision to double the rates for properties visitor accommodation permits?

Response:

The Acting Chief Executive Officer took the question on notice.

Question:

Can the Acting Chief Executive officer advise how many planning applications for new dwellings have been submitted as a result of Council decision to double the rates on vacant land.

Response:

The Acting Chief Executive Officer took the question on notice.

Question:

Can the Acting Chief Executive officer advise the status of the 12 month trial of the mid-town parklets that started 2.5 years ago.

Response:

The Acting Chief Executive Officer took the question on notice.

Question:

Can the Acting Chief Executive Officer provide written advice on the principals of the motion taken from the floor tonight in readiness for the next meeting.

Response:

The Acting Chief Executive Officer took the question on notice.

Question:

Can the Acting Chief Executive Officer provide legal opinion and interpretation of meeting procedure regulations 16 and 8, including as they relate to the urgency of the matter, and the Chairperson’s decision to accept the motion from the floor.

I would also welcome a copy of the legal advice Ald Zucco referred to by Alderman Zucco.

Response:

The Acting Chief Executive Officer took the question on notice.

Motion:

Following the widespread pollution of the Hobart Rivulet below the McRobies Gully tip during a severe overnight weather event on Saturday October 21, that the Council seek a report detailing:

-          the steps taken by Council operations in the lead up to the weather event on 21 October to reduce the impact of high winds and heavy rain on the McRobies Gully tip and the catchments and waterways around it;

-          the actual amount of plastic and other waste that made its way into the Hobart Rivulet following the October 21 weather event, and the possible sources of that plastic and other waste;

-          what improvements can be made to Council infrastructure and operational procedures to reduce the impact of the landfill on the health of the Hobart Rivulet and flora and fauna living in it;

-          the arrangements for the organisation of clean-ups following weather events that result in a large volume of plastic and other waste ending up in the Hobart Rivulet;

-          the promotion and expanded use of bin latches to enable residents to secure their bin lids in high winds; and,

-          an investigation into cancelling Recycling and General Waste collection on days when extreme weather events are predicted.

Rational:

Given the relatively clean state of the Hobart Rivulet above McRobies Gully following the weather event on 21 October, it is clear that the McRobies Gully tip played a role in the pollution of the lower Hobart Rivulet on the night of 21 October. This event resulted in large volumes of plastic and other waste products being deposited into the Hobart Rivulet below McRobies Gully, affecting water quality and creating a serious health risk for the resident native animals, especially platypus.

The weekend timing of the overnight weather event meant the deadline for motions for tonight’s Council meeting had passed. But five weeks until the next meeting is too long to wait to deal with this issue, so I am seeking to bring on this motion tonight.

Lohberger

Posselt                                                                     That the motion be adopted.

Amendment

Harvey

Dutta                                                                                                                           

That a report also be provided on Council engaging in a campaign to reduce single use plastic packaging and consumption to reduce single use plastics waste in Hobart.

AMENDMENT LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

Following the widespread pollution of the Hobart Rivulet below the McRobies Gully tip during a severe overnight weather event on Saturday October 21, that the Council seek a report detailing:

-          the steps taken by Council operations in the lead up to the weather event on 21 October to reduce the impact of high winds and heavy rain on the McRobies Gully tip and the catchments and waterways around it;

-          the actual amount of plastic and other waste that made its way into the Hobart Rivulet following the October 21 weather event, and the possible sources of that plastic and other waste;

-          what improvements can be made to Council infrastructure and operational procedures to reduce the impact of the landfill on the health of the Hobart Rivulet and flora and fauna living in it;

-          the arrangements for the organisation of clean-ups following weather events that result in a large volume of plastic and other waste ending up in the Hobart Rivulet;

-          the promotion and expanded use of bin latches to enable residents to secure their bin lids in high winds; and,

-          an investigation into cancelling Recycling and General Waste collection on days when extreme weather events are predicted.