co 20210830 min 3675 extra - mornpen.vic.gov.au

MINUTES

COUNCIL MEETING

MONDAY, 30 AUGUST 2021

6.30PM

ONLINE ZOOM MEETING

Council Meeting Minutes 30 August 2021

Mornington Peninsula Shire Council 2

MORNINGTON PENINSULA SHIRE COUNCIL

WARDS AND COUNCILLORS

Briars Cr Steve Holland Cr Anthony Marsh Cr Despi O’Connor

Cerberus Cr Lisa Dixon

Nepean Cr Susan Bissinger Cr Sarah Race

Red Hill Cr David Gill

Seawinds Cr Antonella Celi Cr Kerri McCafferty Cr Debra Mar

Watson Cr Paul Mercurio

SENIOR LEADERSHIP TEAM

Mr John Baker Ms Pauline Gordon Mr Mark Brady Mr Mike McIntosh

Chief Executive Officer Director – Community Strengthening Director – Corporate Strategy and Business Improvement Director – Planning and Infrastructure

RECORDING

Please note that this Council Meeting was livestreamed to the Mornington Peninsula Shire’s YouTube channel and a recording of the meeting is available on the Shire’s website.



TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 OPENING AND WELCOME ...................................................................................... 4

1.1 Acknowledgement of Country ................................................................... 4

1.2 Prayer .......................................................................................................... 4

2 PROCEDURAL MATTERS ........................................................................................ 5

2.1 Apologies .................................................................................................... 5

2.2 Disclosure of Conflicts of Interest Pursuant to Sections 126 – 131 of the Local Government Act 2020 ........................................................... 5

3 MANAGEMENT REPORTS ....................................................................................... 6

3.1 Single-use Plastic Grant - Applications for endorsement ...................... 6

4 NOTICES OF MOTION ............................................................................................ 12

4.1 Notice of Motion 302 (Cr Holland) ........................................................... 12

4.2 Notice of Motion 303 (Cr Gill) .................................................................. 15

4.3 Notice of Motion 304 (Cr Marsh) ............................................................. 17

4.4 Notice of Motion 305 (Cr Gill) .................................................................. 19

4.5 Notice of Motion 307 (Cr Holland) ........................................................... 20

5 CONFIDENTIAL ITEMS ........................................................................................... 21

5.1 Update on Tyabb Airfield ......................................................................... 23

6 MEETING CLOSE .................................................................................................... 25



1 OPENING AND WELCOME

Meeting opened at 6.35pm

Appointed Chairperson – Mayor, Cr Despi O'Connor

1.1 Acknowledgement of Country

(Read by Cr Mar)

Mornington Peninsula Shire acknowledges and pays respect to the elders, families and ancestors of the Bunurong/BoonWurrung people, who have been the custodians of this land for many thousands of years. We acknowledge that the land on which we meet is the place of age-old ceremonies, celebrations, initiation and renewal; and that the Bunurong/ BoonWurrung peoples’ living culture continues to have a unique role in the life of this region.

1.2 Prayer

(Read by Cr Dixon)

We pledge that this Council will act in the best interests of the entire Mornington Peninsula community. We will conduct our deliberations and make decisions with an open mind and on each item’s individual merit. We further commit to carry out our duties impartially and in good faith, treating each other with respect, dignity and kindness, and at all times, acting in accordance with the Councillor Code of Conduct and Governance Rules.



2 PROCEDURAL MATTERS

Present

Mayor, Cr Despi O'Connor (Chairperson) Cr Susan Bissinger Cr Antonella Celi Cr Lisa Dixon Cr David Gill Cr Steve Holland Cr Debra Mar Cr Anthony Marsh Cr Kerri McCafferty Cr Paul Mercurio Deputy Mayor, Cr Sarah Race Mr John Baker, Chief Executive Officer

2.1 Apologies

Nil.

2.2 Disclosure of Conflicts of Interest Pursuant to Sections 126 – 131 of the Local Government Act 2020

Cr Celi declared a general conflict of interest in regard to item 3.1 – Single-use Plastic Grant – Applications for endorsement as Cr Celi has a family member associated with one of the applicants for the grant.

Cr Dixon declared a material conflict of interest in regard to item 5.1 – Update on Tyabb Airfield as Cr Dixon owns property adjacent to the Tyabb Airfield.



3 MANAGEMENT REPORTS

3.1 Single-use Plastic Grant - Applications for endorsement

Prepared By Amy Yang, Team Leader - Waste Services

Authorised By Director - Planning and Infrastructure

Document ID A10635944

Attachment(s) 1. Single-use Plastics Grant - Application Summary (confidential)

2. Single-use Plastics - Grant Guidelines

This was the 6th item heard

COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Bissinger That item 3.1 – Single-use Plastic Grant – Applications for endorsement be heard in camera after item 5.1. In order to effectively discuss, debate and deliberate on this item, it requires a discussion of Attachment 1 which is confidential on the basis of section 3 (1) (f) of the Local Government Act 2020. Accordingly, the whole of the matter be considered in confidential for that same reason, noting that the report and the resolution would be made public.

Carried Unanimously

PURPOSE

The purpose of this report is to:

provide Council with an overview of the recommended successful applications of the Single-use Plastic Grant (the Grant)

seek Council’s support for proposed amendments to the Grant guidelines and delivery model.

BACKGROUND

The Single-use Plastic Policy (the Policy) was adopted on 25 August 2020. The Policy supports our waste target within the Beyond Zero Waste Strategy 2030 and Climate Emergency Plan and provides Mornington Peninsula Shire (Shire) staff, contractors and communities using Shire facilities with the framework to phase out commonly found single-use plastic items.

The Grant provides community groups, schools, and non-profit organisations on the Mornington Peninsula, with funds to implement their single-use plastic action plans. Each plan is unique and addresses the needs of their community. Individual grants of up to $5,000, with a total funding pool of $50,000 is available.

DISCUSSION

The Grant was open between 19 April and 25 June 2021.

Council Meeting Minutes 30 August 20213.1 (Cont.)


The Grant was promoted to the community through social media, direct emails to sporting clubs, and media release.

Two information sessions were held on 5 May and 11 May 2021.

Uptake of the Grant has been low. This may be attributed to the time period that the Grant was released, just shortly after Easter and around the end of financial year. Furthermore, schools were in and out of lockdown, and sporting clubs were focused on getting their sports running in the changing the COVID safe environment, which may have reduced the capacity of teachers and volunteers to apply for the Grant.

The Shire received six applications (Attachment 1). Four applications have been recommended, totalling $15,664.

The Grant Round 2

There is $34,336 in remaining funds. It is recommended that that remaining funds are made available through a second round and the following changes are made to the current Grant guidelines (Attachment 2):

Grant is open year-round until all funds have been exhausted.

Council endorsement of future applications will not be required. Instead, Shire officers will report back to Council once all Grant funds has been allocated.

Round 2 of the Grant to reopen in September/October 2021, subject to the number of other Shire grants open at the time.

Grant guidelines are amended to include a mandatory requirement for applicants to demonstrate the long-term sustainability of their activities.

Grant guidelines are amended to enable capital purchases such as dishwashers, subject to existing Shire programs, such as the Community Capital Infrastructure Projects.

ISSUES

The changing COVID environment has placed increased strain on volunteer community groups, sporting clubs and organisations. This has led to a low number of applications. To both promote the Grant and empower our community to tackle single-use plastics, Shire officers will:

Seek opportunities to cross promote the Grant with other local, State and National campaigns, such as National Recycling Week.

Work with current Grant applications and community members to champion single-use plastic free activities and the Grant.

Work with community groups to build their knowledge and support their creation and implementation of long-term single-use plastic action plans.

OFFICER DIRECT OR INDIRECT INTEREST

No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.



CONCLUSION

The Grant continues Council’s commitment to phasing out plastics on the Mornington Peninsula. The Shire is fortunate to have many passionate residents, community groups and organisations that are committed to tackling plastics. This Grant will assist community groups to create meaningful change in their communities and in turn amplifying our efforts across the Mornington Peninsula.

Attendance

Having declared a conflict of interest, Cr Celi left the meeting prior to discussion and returned directly after voting on this item.

Cr Holland left the meeting at 8.59pm prior to voting on this item and did not return.

RECOMMENDATION

1. That Council resolves the successful Single-use Plastics Grants applications and funding amounts be awarded, as provided in Attachment 1 to this report.

2. That all applicants be advised of Council’s decision in writing.

3. That Council endorses that the remaining funds be made available through a second round of the Grant.

4. That Council endorses the amendment to the Grant guidelines, as detailed below:

A. Grant is open year-round until all funds have been exhausted.

B. Council endorsement of future applications will not be required. Instead, Shire officers will report back to Council once all Grant funds has been allocated.

C. Round 2 of the Grant to reopen in September/October 2021, subject to number of other Shire grants open at the time.

D. Grant guidelines are amended to include a mandatory requirement for applicants to demonstrate the long-term sustainability of their activities.

E. Grant guidelines are amended to enable capital purchases such as dishwashers, subject to existing Shire programs, such as the Community Capital Infrastructure Projects.

Part B

That Council resolves that Attachment 1 to this report is to be retained as a confidential item pursuant to section 3 (1) (f) of the Local Government Act 2020 as it contains personal information.

MOTION

Moved: Cr Marsh Seconded: Cr Gill












Part B

1. That the eligibility of well-funded organisations (for example private schools) is reassessed when the Grants Policy is established.

2. That a review of uptake and competitiveness is also conducted.

Part C


COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Gill












Part B

1. That the eligibility of well-funded organisations (for example private schools) is reassessed when the Grants Policy is established.


Part C


AMENDMENT

Moved: Cr McCafferty Seconded: Cr Bissinger

1. That the successful applications listed in Attachment 1 to this report be referred back to the assessment panel for reconsideration with respect to the guiding principles listed under the Grant Guidelines. That Council endorsement will not be required for these applications after the subsequent assessment and Shire officers will publish the outcome of the subsequent assessment on the Shire's Sharepoint.

Part B

1. That those showing a degree of economic hardship would be preferred when considering applications whilst keeping in line with both the criteria and the guiding principles to ensure equity and appropriateness.

Amendment Carried Unanimously

The Amendment became part of the Substantive Motion which was then put and Carried Unanimously

For clarity the Council decision is repeated below:

1. That the successful applications listed in Attachment 1 to this report be referred back to the assessment panel for reconsideration with respect to the guiding principles listed under the Grant Guidelines. That Council endorsement will not be required for these applications after the subsequent assessment and Shire officers will publish the outcome of the subsequent assessment on the Shire's Sharepoint.











Part B

1. That those showing a degree of economic hardship would be preferred when considering applications whilst keeping in line with both the criteria and the guiding principles to ensure equity and appropriateness.


Part C




4 NOTICES OF MOTION

4.1 Notice of Motion 302 (Cr Holland)

Cr Steve Holland has given notice of his intention to move the following motion at the meeting.

1. Mornington Peninsula Shire Council (Council) requests that the detailed designs for the redeveloped Mount Martha Eco Park Active Hub return to Council for approval prior to tendering.

2. Council also requests that public submissions on the designs be received prior to approval in order to inform Council's decision-making.

Officer Comment Prepared by Mark Stahel, Team Leader Sport and Recreation

Authorised by Mike McIntosh, Director – Planning and Infrastructure

OFFICER COMMENT

Community engagement on the Eco Park Active Hub project has been extensive over the past 10 years. The most recent community engagement on the ‘final concept’ design was held from November 2019 until August 2020 and included:

a drop in session held at Mount Martha Community House

school workshops

188 ‘Have your say’ submissions (32% against/68% supportive)

face to face consultation sessions with the community and school students

an additional six focus groups with unsupportive submitters held in small groups attended by Mornington Peninsula Shire (Shire) officers and all three previous Briars Ward Councillors.

The feedback from this engagement was considered in finalising the location of the Active Recreation Hub at the Eco Park in Mount Martha and the concept plan for the site. At the 25 August 2020 Council meeting, Council resolved the following:

1. That Council endorses the location of the Active Recreation Hub at Eco Park in Mount Martha and the final concept plan for the site.

2. That Shire officers commence the detailed design process for the Eco Park Active Recreation Hub and following this seek tenders in accordance with Council’s Procurement process for its construction.

The detailed design for the project is now nearing completion. On completion of detailed design, a ‘fly through’ type video of the park will be shared with the community through the Shire’s website to enable them to better visualise what the park will look like.



Shire officers note that the detailed design is a direct reflection (with some very minor functional amendments) of the final concept design that has already had extensive consultation as above.

Legal Implications

Detailed design includes confidential elements and, disclosure of this information to the public will potentially breach the intellectual property rights of the contractor and the Shire’s obligations under the contract.

Financial and Resourcing Implications

Any additional community engagement process and subsequent design changes could significantly delay the project. In addition, any design changes will incur added design and potentially additional construction costs.

Potential Alternative Wording

That Council’s website be updated with project details of the Eco Park Active Hub project, including the site fly through video upon completion of the detailed design.

COUNCIL DECISION

Moved: Cr Holland Seconded: Cr Bissinger

1. Mornington Peninsula Shire Council requests that the detailed designs for the redeveloped Mount Martha Eco Park Active Hub return to Council for approval prior to construction tendering.

2. Council also requests that a sound impact study be completed prior to approval in order to inform Council's decision-making.

AMENDMENT Moved: Cr Marsh Seconded: Cr Mercurio 2. Council requests that a sound impact study be completed and brought back to

Council detailing possible sound mitigation techniques if required once the Eco Park Active Hub has been constructed.

Vote by division (Requested by Cr Holland) For: Cr Celi, Cr Dixon, Cr Race, Cr Mar, Cr Marsh, Cr Mercurio and Cr Gill. Against: Cr O’Connor, Cr Bissinger, Cr McCafferty and Cr Holland.

Amendment Carried The Amendment became part of the Substantive Motion which was then put Vote on Part 1 by division (Requested by Cr Holland) For: Cr Bissinger, Cr Race, Cr Mar, Cr Mercurio, Cr McCafferty, Cr Holland and

Cr Gill.



Against: Cr Celi, Cr O’Connor, Cr Dixon and Cr Marsh.

Carried Vote on Part 2 by division (Requested by Cr Holland) For: Cr Celi, Cr Dixon, Cr Race, Cr Mar, Cr Marsh, Cr Mercurio, Cr Holland, Cr Gill,

Cr McCafferty, Cr O’Connor and Cr Bissinger. Against: Nil.

Carried Unanimously For clarity the Council Decision is repeated below: 1. Mornington Peninsula Shire Council requests that the detailed designs for the

redeveloped Mount Martha Eco Park Active Hub return to Council for approval prior to construction tendering.

2. Council requests that a sound impact study be completed and brought back to Council detailing possible sound mitigation techniques if required once the Eco Park Active Hub has been constructed.



4.2 Notice of Motion 303 (Cr Gill)

Cr David Gill has given notice of his intention to move the following motion at the meeting.

1. That Council starts to promote discussion and listen to input from our community on views regarding roadside gardens (nature strips) in residential areas.

2. That the intention is to learn more about the issues and concerns and take guidance on community attitudes to improving our streetscapes and ensuring environmentally friendly outcomes for people living and working on the Mornington Peninsula.

3. That a new policy then be developed that will include the normal consultation and feedback process.

Officer Comment Prepared by Simon Thorning, Team Leader Natural Systems

Authorised by Mike McIntosh, Director – Planning and Infrastructure

OFFICER COMMENT

This Notice of Motion (NOM) is in line with officers’ intended methodology for developing a new Private Works on Nature Strips and Road Reserves Policy, and considering other green infrastructure and its role in future-proofing the Mornington Peninsula Shire’s towns and villages in response to climate change.

If the NOM is adopted, it is recommended that officers develop background information and a number of different ways for community members to respond or get involved, including a questionnaire. This would foster broad and strong participation and opportunity for great ideas in a manageable format for reviewing and input into policy development.

Background information could include general information about the value of urban greening, the challenges, opportunities for different ways of thinking about the urban environment including nature strips, and reference relevant existing Council policies.

Legal Implications

Nil.


Nil.


Nil.

COUNCIL DECISION

Moved: Cr Gill Seconded: Cr Race

1. That Council starts to promote discussion and listen to input from our community on views regarding roadside gardens (nature strips) in residential areas.



2. That the intention is to learn more about the issues and concerns and take guidance on community attitudes to improving our streetscapes and ensuring environmentally friendly outcomes for people living and working on the Mornington Peninsula.

3. That a new policy then be developed that will include the normal consultation and feedback process.

Part B

That an urgent review of the Private Works on Nature Strips and Reserves Policy and Community Gardens Policy be undertaken to also clarify the policy position of the Council in regards to the planning of communal edible gardens on nature strips and reserves within residential areas.

Part C

That the matter be referred to the Policy Councillor Consultative Group no later than 14 October 2021.

Carried Unanimously



4.3 Notice of Motion 304 (Cr Marsh)

Cr Anthony Marsh has given notice of his intention to move the following motion at the meeting.

That a report be brought back to Council at the meeting on 7 September 2021 identifying the amount(s) allocated to catering in the financial year 2021/2022 Budget (including Councillor meetings and briefings), year-to-date spend and updated forecast over the same period.

Background

This motion seeks to identify potential and appropriate reductions to the financial year 2021/2022 catering budget. An adjustment resulting from COVID-19 and a shift away from the more traditional format of meals provided at meetings and events would unlock previously allocated funds that could be re-purposed to fund important community projects.

Officer Comment Prepared by Bulent Oz, Chief Financial Officer

Authorised by Bulent Oz, Chief Financial Officer

OFFICER COMMENT

Council has allocated $209,950 for the catering budget in the current financial year Budget. This figure includes $80,000 for Council Meetings and Events.

As of 17 August 2021, only $4,001 has been spent year to date. As part of the mid-year review, all Budget items, including the catering budget, are reviewed and presented to Council for consideration to allocate any surplus (if any) for funding other projects or initiatives.

Legal Implications

Nil.


Nil.


Nil.

COUNCIL DECISION

Moved: Cr Marsh Seconded: Cr Bissinger

That a report be brought back to Council at the meeting no later than 1 November 2021 identifying the amount(s) allocated to catering in the financial year 2021/2022 Budget (including Councillor meetings and briefings), year-to-date spend and updated forecast over the same period.



The report shall include a summary of existing policy and resolutions relating to the provision of food, drink, and catering for visitors, contractors, Councillors and Council staff.

Vote by division (Requested by Cr Marsh)

For: Cr Celi, Cr O’Connor, Cr Bissinger, Cr Mar, Cr Marsh, Cr Mercurio, Cr Holland, Cr McCafferty, Cr Dixon and Cr Race.

Against: Cr Gill.

Carried

ADJOURNMENT OF MEETING

Moved: Cr McCafferty Seconded: Cr Race

That the meeting be adjourned at 7.57pm for a short recess. Carried

RESUMPTION OF MEETING

Moved: Cr Celi Seconded: Cr Bissinger

That the meeting be resumed at 8.12pm. Carried Unanimously



4.4 Notice of Motion 305 (Cr Gill)

Cr David Gill has given notice of his intention to move the following motion at the meeting.

That Mornington Peninsula Shire Council write to the Premier to thank the Victorian State Government for the ‘Pick my Project’ community funding program, detailing the successful projects on the Mornington Peninsula and asking for the program to be reinstated prior to the next state election.

Officer Comment Prepared by Chris Munro, Manager – Community Partnerships

Authorised by Jo Bradshaw, Acting Director – Community Strengthening

OFFICER COMMENT

Pick My Project Grant Program was an initiative delivered by the Victorian Government in 2018. The program was undertaken by a participatory budgeting process where citizens participate in the decisions (by voting for projects) on how government money is to be allocated.

In total 237 projects were successful across the State from a total funding pool of $30 million. The Mornington Peninsula Shire was considered as part of a Southern Metro Region, with 31 successful projects and $3.6 million allocated.

The Mornington Peninsula Shire supports a reinstatement of this program to help support our community recovery.

Legal Implications

Nil.


Nil.


Nil.

COUNCIL DECISION

Moved: Cr Gill Seconded: Cr Race

That Mornington Peninsula Shire Council write to the Premier to thank the Victorian State Government for the ‘Pick my Project’ community funding program, detailing the successful projects on the Mornington Peninsula and asking for the program to be reinstated prior to the next state election.

Carried Unanimously



4.5 Notice of Motion 307 (Cr Holland)

Cr Holland has given notice of his intention to move the following motion at the meeting.

Mornington Peninsula Shire Council resolves that the resolution passed at Item 3.2 (Adoption of Amended Governance Rules) on Tuesday 24 August 2021 be revoked entirely, including any and all related parts.

Officer Comment Prepared by Amanda Sapolu, Manager Legal and Governance

Authorised by Amanda Sapolu, Manager Legal and Governance

OFFICER COMMENT

Pursuant to rule 14 of the Governance Rules (Meetings Procedure, Election Period and Conflict of Interest) adopted on 25 August 2020 and in operation for the meeting of 24 August 2021, a motion to revoke a resolution can be made by notice of motion signed by a Councillor and lodged with the Chief Executive Officer (CEO).

The notice of motion to revoke was received by the CEO from Cr Holland on 24 August 2021.

Legal Implications

The implementation of the Governance Rules adopted on 24 August 2021 will be stayed until the revocation motion is considered.


Nil.


Nil.

COUNCIL DECISION

Moved: Cr Holland Seconded: Cr Bissinger

Mornington Peninsula Shire Council resolves that the resolution passed at Item 3.2 (Adoption of Amended Governance Rules) on Tuesday 24 August 2021 be revoked entirely, including any and all related parts.

Vote by division (Requested by Cr Holland)

For: Cr Bissinger, Cr Gill, Cr Celi, Cr Mar and Cr Holland.

Against: Cr O’Connor, Cr Race, Cr Dixon, Cr Marsh,Cr McCafferty and Cr Mercurio.

Lost



5 CONFIDENTIAL ITEMS

Advice to the Public

All reports, information and recommendations contained in ‘Section 5 – Confidential Items’ of this Agenda have been designated by the Chief Executive Officer as confidential pursuant to section 66 (2) (a) of the Local Government Act 2020.

MEETING CLOSED TO THE PUBLIC

The Council may resolve that the meeting be closed to members of the public in accordance with section 66 (5) (a) of the Local Government Act 2020 if the meeting is discussing any of the following:

(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

(b) Security information, being information that if released is likely to endanger the security of Council property or the safety of any person.

(c) Land use planning information, being information that if prematurely released is likely to encourage speculation in land values.

(d) Law enforcement information, being information which if released would be reasonably likely to prejudice the investigation into an alleged breach of the law or the fair trial or hearing of any person.

(e) Legal privileged information, being information to which legal professional privilege or client legal privilege applies.

(f) Personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

(g) Private commercial information, being information provided by a business, commercial or financial undertaking that:

(i) Relates to trade secrets.

(ii) If released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.

(h) Confidential meeting information, being the records of meetings closed to the public under section 66 (2) (a).

(i) Internal arbitration information, being information specified in section 145.

(j) Councillor Conduct Panel confidential information, being information specified in section 169.

(k) Information prescribed by the regulations to be confidential information for the purposes of this definition.

(l) Information that was confidential information for the purposes of section 77 of the Local Government Act 1989.



RECOMMENDATION

That Council considers the confidential report listed below in a meeting closed to the public in accordance with section 66 (2) (a) of the Local Government Act 2020:

5.1 Update on Tyabb Airfield

This matter is considered to be confidential under section 3 (1) (e) of the Local Government Act 2020 as it contains legal information. 3.1 Single-use Plastic Grant – applications for endorsement This matter is considered to be confidential under section 3 (1) (f) of the Local Government Act 2020 as it contains personal information. COUNCIL DECISION Moved: Cr Bissinger Seconded: Cr Marsh

That the recommendation be adopted. Carried Unanimously



5.1 Update on Tyabb Airfield

Prepared By Allan Cowley, Strategic Projects Planning Manager

Authorised By Director - Planning and Infrastructure

Document ID A10636649

Attachment(s) 1. Section 173 Agreement (confidential) 2. Letter Withdrawing Request for Authorisation of

Amendment C233 (confidential) 3. Condition Assessment Tyabb Airfield 2021 (confidential)

This matter is considered confidential under section 3 (1) (e) of the Local Government Act 2020. It contains legal information.

RECOMMENDATION

That Council:

1. Resolves to confirm the withdrawal of the authorisation request in relation to Amendment C233.

2. Engages with the declaration process initiated by the Peninsula Aero Club and opposes or supports the declarations as sought on the basis of legal advice, with a view to ensuring an adjudication and resolution of the critical issues identified in the declaration application.

3. Resolves to seek advice on its obligations under the section 173 agreement in relation to the resealing of the Tyabb airfield runway.

Part B

1. That Council resolves that the report and Attachments 1, 2 and 3 to this report be retained as confidential items pursuant to section 3 (1) (e) of the Local Government Act 2020 as they contain legal information.

2. That Council resolves that the Council decision is not confidential pursuant to section 3 (1) of the Local Government Act 2020.

COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Gill

That the recommendation be adopted.

Carried Unanimously



MEETING RE-OPENED TO THE PUBLIC

COUNCIL DECISION

Moved: Cr Celi Seconded: Cr Mar

That the meeting be re-opened to the public at 9.38pm.

Carried Unanimously



6 MEETING CLOSE

As there was no further business, the meeting closed at 9.39pm.

Confirmed this 7th day of September 2021

…………………………………………………. Mayor Cr Despi O’Connor, Chairperson - Council

co 20210830 min 3675 extra - mornpen.vic.gov.au

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