minutes of ordinary council meeting - 28 00 2020 · 14.1 minutes of the chief executive...

Ordinary

Meeting of

Council

held remotely and

live-streamed via

Council’s website

Tuesday 28 July 2020 at 7pm

Minutes

Bayside City Council Ordinary Council Meeting - 28 July 2020

Page No. 2

PRESENT:

Chairperson: Councillors:

Cr Clarke Martin (Mayor) Cr Sonia Castelli Cr Alex del Porto Cr Laurence Evans OAM Cr Rob Grinter (Deputy Mayor) Cr Michael Heffernan Cr James Long BM JP

Officers: Mick Cummins – Chief Executive Officer

Jill Colson – Director Corporate Services Bryce Craggs – Director Community and Customer Experience Adam McSwain – Director Environment, Recreation and Infrastructure Hamish Reid – Director City Planning and Amenity Juliana Aya – Manager Urban Strategy Terry Callant – Manager Governance and Corporate Reporting Damien Van Trier – Manager Open Space, Recreation and Wellbeing


Page No. 3

Table of Contents

1. Prayer

2. Acknowledgement of Original Inhabitants

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the minutes of previous meeting

6. Public Question Time

7. Petitions to Council

7.1 Petition to implement a new Cheltenham-Southland (Bayside) Structure Plan ............................................................................ 12

7.2 Petition to review, expand and upgrade the existing BMX track at the corner of Tulip Street and Reserve Road, Cheltenham ....... 14

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record ................................................ 15

9. Reports by Special Committees

9.1 Minutes of the Bayside Arts Board meeting held on 15 July 2020 .......................................................................................... 16

10. Reports by the Organisation

10.1 Public participation at Council and Committee meetings ........... 18

10.2 Transition from Governance Local Law No: 1 to Proposed Governance Rules 2020 ............................................................ 19

10.3 Governance Policies: Public Transparency Policy; Councillor Expenses, Reimbursement, Support and Accountability Policy; and Election Period Policy ......................................................... 20

10.4 Revised Instrument of Delegations - Planning and Amenity Delegated Committee and the Chief Executive Officer and to Members of Council Staff .......................................................... 21

10.5 Bayside Arts and Gallery Advisory Committee Charter ............. 22

10.6 Audit and Risk Committee - Appointment and Charter .............. 23

10.7 Media Policy Review and Update .............................................. 24

10.8 Dendy Tennis Park Proposal and State Government Funding Application ................................................................................. 25

10.9 Reconciliation Action Plan - Implementation ............................. 27


Page No. 4

10.10 Regional Local Government Charter Homelessness & Social Housing ..................................................................................... 28

10.11 Sandringham Hospital Strategic Agreement ............................. 29

10.12 Submission to Moorabbin West Draft Urban Design Framework ................................................................................ 30

10.13 CONTRACT CON/20/57 Head Contractor for the Design and Construction of the Hurlingham Kindergarten Refurbishment ... 31

10.14 Council Action Awaiting Report ................................................. 32

11. Reports by Delegates

12. Urgent Business

13. Notices of Motion

13.1 Notice of Motion - No: 299 - Public / community benefit of heritage .................................................................................................. 35

13.2 Notice of Motion - No: 300 - Publically accessible electric car charging stations ....................................................................... 36

14. Confidential Business

14.1 Minutes of the Chief Executive Officer's Employment Matters Committee held on 20 July 2020 ............................................... 37


Page No. 5

The Mayor declared the meeting open at 7pm and advised that the Council meeting is being recorded and streamed live on the internet for the accessibility of Council meetings to the Bayside Community.

The Mayor invited Cr Long to read the prayer.

1. Prayer

Cr Long read the prayer at the commencement of the meeting.

O God Bless this City, Bayside, Give us courage, strength and wisdom, So that our deliberations, May be for the good of all, Amen

2. Acknowledgement of Original Inhabitants

The Mayor invited Cr Grinter to read the acknowledgement of the original inhabitants of this land.

We acknowledge that the original inhabitants of this land that we call Bayside were the Boon Wurrung people of the Kulin nation.

They loved this land, they cared for it and considered themselves to be part of it.

We acknowledge that we have a responsibility to nurture the land, and sustain it for future generations.

3. Apologies

There were no apologies submitted to the meeting.

4. Disclosure of any Conflict of Interest of any Councillor

It is recorded that Cr Evans declared an indirect interest because of conflicting duties in item 10.11 – Sandringham Hospital Strategic Agreement, given Cr Evans is a Director of the Fairway Bayside Aged Care United.


Page No. 6

Procedural Motion

Moved: Cr del Porto Seconded: Cr Long

That Council:

1. considers the meeting to be adjourned for 10 minutes from the commencement of any technical problem which prevents Council from livestreaming the meeting; and

2. adjourns the meeting to be reconvened on Wednesday 29 July 2020 at 6:00pm via livestreaming on Council’s website, in the event livestreaming cannot be resumed within 30 minutes from the commencement of the technical problem which prevents livestreaming on Council’s website.

CARRIED Procedural Motion

Moved Cr Evans Seconded Cr Grinter That the meeting considers an adjournment procedural motion at approximately 8:15pm.

CARRIED

5. Adoption and Confirmation of the minutes of previous meeting

5.1 Confirmation of the Minutes of the Ordinary meeting of Bayside City Council held on 23 June 2020.

Moved: Cr Long Seconded: Cr Castelli

That the minutes of the Ordinary meeting of Bayside City Council held on 23 June 2020, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED

5.2 Confirmation of the Minutes of the Special meeting of Bayside City Council held on 30 June 2020.

Moved: Cr Grinter (Deputy Mayor) Seconded: Cr Heffernan

That the minutes of the Special meeting of Bayside City Council held on 30 June 2020, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED


Page No. 7

6. Public Question Time

In accordance with Section 64 of Council’s Governance Local Law No 1, 10 public questions were submitted to the Meeting. In accordance with the resolution at the March 2020 Ordinary Meeting of Council, temporary meeting procedures with regard to public question time are in place:

All questions received and responses are read out at the meeting within the allotted 15 minute timeframe for public question time.

All questions and responses will be recorded in the minutes.

A written response will be provided to all questions received.

1. Ms Caroline Lawton

Ms Caroline Lawton has submitted a question regarding item 10.2 on last month’s agenda, concerning the Neighbourhood Character review. As the question consists of more than two parts, only the first 2 parts have been responded to, in accordance with Council’s Governance Local Law No1. Ms Lawton asks:

a) The review also needs to concentrate on habitat space, what is Council doing to create public habitat space?

b) How is Council going to ensure, that badly designed, and overdeveloped sites are not going to set a precedent for the future?

Response from the CEO

a) Council has a comprehensive series of habitat related actions it is delivering from the 2018 Biodiversity Action Plan. There may be further actions arising from the current work developing a municipal wide Urban Forest Strategy that will provide direction for the protection, management and planting of trees on public and private land.

b) Council can guide the development outcomes on private land where a planning permit is required and this helps to provide protection from badly designed and overdeveloped sites. Neighbourhood character has an important role to play in the planning permit process, however, Council cannot influence the architectural style or design of a building if the planning scheme does not require a planning permit.

2. Mr Ken Beadle

Mr Ken Beadle has submitted a question regarding funding for graffiti removal, and he asks:

Item 10.2 Trial Graffiti Removal at Council Ordinary Meeting 28th April 2020 anticipated that graffiti removal from service authority assets funding would be available to the ISSMMF seven councils from State Government by 30th June 2020.

Has this funding been received by Stonnington Council, acting as banker for ISSMMF councils and has Council received its one seventh share of the $990,000 total allocation for FY 2020/2021?


Funding is yet to be received from the State Government for this program and it is now not expected to be received until July 2021.


Page No. 8

3. Mr Ken Beadle

Mr Beadle has submitted a further question regarding graffiti removal, and he asks:

If the State Government funds referred to in my previous question are not available to engage CityWide to clean up the telecom facilities, will Council please undertake the work as part of its annual graffiti removal program.


Currently Council does not have permission to remove graffiti from Telstra Assets. Council is currently in the process of negotiating a Memorandum of Understanding to allow Council to remove graffiti from Telstra assets. This process is ongoing.

Council will contact the Telco responsible for the two towers and request they remove the graffiti in the interim.

4. Mrs Mary Larsen

Mrs Larsen has submitted a question regarding Council’s mid-century modern heritage study, and she asks:

Please advise:

a) the cost to ratepayers of the mid-century modern voluntary study in Beaumaris and Black Rock, approved unanimously by all Councillors. (private dwellings and council buildings, including an estimate of Council staff time)

b) The estimated cost to ratepayers of the proposed involuntary mid-century modern study across the whole of Bayside (including an estimate of Council staff time).


a) Council expended approximately $127,368 to promote the Mid-Century Modern Voluntary Nomination Process and for heritage consultants. Council does not record the exact hours worked per project per staff member. As such, it is not possible to provide an accurate estimate on the officer staff time dollar value.

b) Council has not allocated a specific budget for undertaking the mid-century modern heritage study. Council will advertise a tender which will inform the approach to be taken for the study, which will guide the costs associated with the completion of the study.


Page No. 9

5. Mrs Mary Larsen

Mrs Larsen has submitted a further question concerning heritage matters, and Mrs Larsen asks:

Heritage advocates from this community have been claiming in the media that BCC has been neglecting its cultural heritage. Can Council set the record straight and confirm this is not the case as, in fact,

a) Approx. 33 Inter-War and Post-War Buildings listed in the Interwar and Postwar Heritage Study (2008) have been added to the heritage overlay schedule since 2008, together with an additional 6 precincts

b) Two buildings have recently been added to the Victorian Heritage Register - 14 Pasadena Street, Beaumaris (volunteered by the owners) and Sandringham Masonic Hall (purchased by BCC).


a) There are 32 places and 2 precincts that have been implemented in the Heritage Overlay of the Bayside planning scheme that were identified in the City of Bayside Inter-War and Post-War Heritage Study 2010.

Another 7 places identified in this Study have been identified for their significance through Amendment C178bays, which seeks to implement the Heritage Overlay on these properties.

b) Both buildings have been included on the Victorian Heritage Register since 2008.

6. Mr George Reynolds

Mr George Reynolds has submitted a question regarding Council’s Declaration of Rates and Charges, and he asks:

Council has declared in its Special Meeting of June 30th 2020 that the sum to be raised from the General Rate for 2020-2021 is to be $79,608,825, and for the Municipal Charge is to be $78,314,370.

a) Would Council please advise its ratepayers where, in the budget document, the detailed expenditure statement is published, to enable the two rate sums declared, to be calculated, and

b) Where is the detailed expenditure statement published, to enable the service Charge for Waste, declared to be $13,498,618, able to be calculated?


a) and b):

The budget includes a reconciliation of rates and charges in Section 4.1.1 which can be found on page 45. The reconciliation includes General Rates $79,160,825, Municipal Charge $7,314,825, and the Waste Charge $13,498,618 which is in accordance with the Declaration of Rates and Charges.


Page No. 10

7. Mr George Reynolds

Mr Reynolds has submitted a further question. The question is regarding Council’s Capital Works Statement, and Mr Reynolds asks:

Council has declared, in its Capital Works Statement, in the 2020-2021 budget, that a sum of $36,656,000 will be provided from Council Cash.

a) Will Council please advise its ratepayers where the income and expenditure statement for Own-Source Revenue is published and that it shows that adequate revenue is received, and

b) How much additional Council Cash, surplus to the $36,656,000 shown to be used, will be generated during the year?


a) Council is not required to publish an income and expenditure statement for Own Source Revenue. Council has published a Comprehensive Income Statement, Statement of Cash Flows, Balance Sheet, and Statement of Capital Works in accordance with Australian Accounting Standards and Local Government Reporting regulations.

b) In accordance with the Statement of Cash Flows on page 42 of the Budget document, Council will generate a cash surplus from Operating Activities of $39.317 million which will be used to fund Capital Expenditure of $37.751 million and Financing Activities $0.855 million resulting in an increase of cash and investments for the year of $0.7 million.

8. Ms Titia Huggard

Ms Huggard has submitted a question regarding the Planning Application for the Sports Pavilion at Beaumaris Reserve, and she asks:

With respect to conduct principles under Section 95 of the Local Government Act that require council staff to act impartially and with integrity including avoiding conflicts of interest, can Council assure residents as to whether it is aware or has been informed of any actual or perceived conflict of interest of any council officer involved with the planning application and/or design for the sports pavilion at the Beaumaris Reserve? If not, will Council now make the appropriate enquiries and publicly disclose the result?


Council staff must declare any direct or indirect conflict of interest in any matter that Council may be considering, and exclude themselves from any involvement in the matter.

In relation to the current planning application under consideration, no staff member has declared a conflict of interest and I have no information that would suggest such a conflict exists.

Notwithstanding, the Statutory Planning Team has a series of internal checks and balances to ensure the appropriate oversight in the assessment of all applications. In the consideration of the tree removal application at Beaumaris Reserve, the officer Report and Recommendation will be presented to the Planning and Amenity Committee for the final determination.


Page No. 11

9. Mr Kevin Spencer

Mr Spencer has submitted a question regarding the Bayside Arts Board collection management report, and he asks:

In reference to Bayside Arts Board collection management report tonight of statement by the “Curator” (no name(s) given) of 100 missing items recorded as missing from the collection.

a) These 100 missing items from our (the community) art collection must not be treated lightly and require a comprehensive explanation from the Curator, otherwise council must engage with the Victorian Police for their investigation as to the circumstances pertaining to the disappearance of the missing public art works. What say you ?

b) With 3,185 works in the collection some years ago and valued at $3,023,478, when is council going to place the complete Works of art Collection on line as stated it would be made available by last September 2018 .


a) The items listed have been missing for over 10 years (i.e. before the current Curator was employed by Council). We have attempted to locate these items and this has been unsuccessful. The task is now an administrative one to ensure the Collection register truly reflects the existing collection. The Bayside Art & Heritage Policy states that an item may be considered for de-accessioning from the Collection if it:

is irreparably damaged or destroyed, or is missing or stolen without hope of return.

b) Mr Spencer was advised in a letter dated 18 June 2018 that a total of 1,925 items were listed in the database in 2017 not the 3,185 he refers. Council also advised Mr Spencer in a letter written 23 July 2018 that the resources needed to make the whole collection accessible online through the Council website required a substantial budget allocation. Staff were however to identify significant works from the collection which would be made available online by the end of 2018. A group of 116 items have been made accessible through the Victorian Collection website, in addition to 315 items available through the Councils Library website.

10. Mr Kevin Spencer

Mr Spencer has submitted a further question. The question is regarding weed control on Council nature strips, and Mr Spencer asks:

Weed poisoning on road Reserves. (Nature Strips.) Whereby most Bayside residents maintain their front nature strips with pride, recently a council worker or contractor in our locality sprayed the grass nature strips with herbicide that killed the grass on the well maintained nature strip, but left the weeds by the power pole.

a) I understood council had withdrawn the use of dangerous poisons for weed control in the interest of public safety and Animals (dogs etc.) As the person doing the spraying did not appear to know the difference between cut grass and weeds, why is council not using trained employees for this work ?

b) What was the council employee or contractor using to kill the grass ?


a) Council use suitably qualified trained staff to carry out work functions.

b) Glyphosate is used for weed control in kerb and channel and laneways. The steam weed control method is only used on playgrounds and their surrounds.


Page No. 12

7. Petitions to Council

7.1 PETITION TO IMPLEMENT A NEW CHELTENHAM-SOUTHLAND (BAYSIDE) STRUCTURE PLAN

Corporate Services - Governance File No: PSF/20/12 – Doc No: DOC/20/207082

Petition from residents requesting Council to implement a new Cheltenham-Southland

(Bayside) Structure Plan (25 petitioners – all Bayside residents).

“We the undersigned hereby petition Bayside City Council to implement a new Cheltenham-Southland (Bayside) Structure Plan in conformity with Plan Melbourne 2017-2050, the Bayside Housing Strategy and the Bayside Planning Scheme objectives, and community requirements for safe, convenient and sustainable access to Activity Centres and public transport. The CSBSP would replace the Pennydale plan rejected by Department of Environment, Land, Water and Planning (DELWP) 30 April 2020. Petitioners request Councillors commit to the following points so that CSBSP planning and work can commence now for completion in the next Council term:

1. Develop a comprehensive, integrated plan reflecting the majority views of the community and promoting a well-planned increase in residential density required under Plan Melbourne 2017-2050 in conformity with Bayside Housing Strategy 2019 so that any amendment to implement the plan complies with DELWP requirements.

2. Commence work on a Shared User Path (SUP), Cheltenham to Sandringham with shared zones and bicycle paths along the SUP connecting to shopping, sporting, schools, reserves and residential areas enabling pedestrians, bicycles, scooters and people with disabilities to have safe, convenient mobility through the suburb, and request the Minister for Transport to instruct Cheltenham Level Crossing Removal Project (LXRP) to build the first section along Park Road in 2020.

3. Request the Minister for Transport to instruct LXRP to construct a safe SUP standard level crossing, and extend the SUP form Heather Grove to Southland with a bridge over Bay Road to enable safe and convenient connection of Cheltenham, Southland and Highett with work to commence now and be completed with current LXRP works.

4. Request the Minister for Transport to instruct LXRP to extend the path adjacent to Heather Grove north with a ramp to the southern end of the western Platform 1 with a drop off for seniors, people with disabilities, families, etc. to get safely and conveniently to, and from Southland station.”


Page No. 13

Petition Requirements

The submitted petition containing 25 valid signatures meets the required format of a petition in accordance with Council’s Governance Local Law No: 1 Clause 65.

Officer Comments

Following adoption of the Structure Plan, Council wrote to the Department of Environment, Land, Water and Planning (DELWP) in November 2018 requesting authorisation to exhibit Amendment C163bays.

On 30 April 2020, DELWP wrote to Council advising that it had refused authorisation of Amendment C163bays.

Following refusal of authorisation to exhibit Council officers are considering options to be presented to Council at the August Ordinary Meeting of Council. Each option will provide its own opportunities and risks for Council consideration.

Moved: Cr Evans Seconded: Cr Grinter (Deputy Mayor)

That the petition be dealt with in conjunction with a report to be presented to the 18 August 2020 Ordinary Meeting of Council concerning Amendment C163bays - Pennydale Structure Plan.

CARRIED


Page No. 14

7.2 PETITION TO REVIEW, EXPAND AND UPGRADE THE EXISTING BMX TRACK AT THE CORNER OF TULIP STREET AND RESERVE ROAD, CHELTENHAM


Petition from residents requesting Council to review, expand and upgrade the existing BMX track at the corner of Tulip Street and Reserve Road, Cheltenham Structure Plan (33 petitioners – all Bayside residents).

“We the undersigned hereby petition Bayside City Council to review, expand and upgrade the existing BMX track at the corner of Tulip Street and Reserve Road, Cheltenham”

Petition Requirements

The submitted petition containing 33 valid signatures meets the required format of a petition in accordance with Council’s Governance Local Law No: 1 Clause 65.

Officer Comments

Officers support a safety and usability assessment of the current BMX track facility at Tulip Street Sandringham that may propose renewal and/or upgrade and expansion of the track.

The Tulip Street BMX facility is located in a highly valued and sensitive natural environment, located within the Vegetation Protection Overlay (VPO3) in Council’s Planning Scheme. Any proposed upgrade or expansion works will need to fully consider the implications of any subsequent vegetation removal.

Moved: Cr Castelli Seconded: Cr Grinter (Deputy Mayor)

That the petition be received and a report be submitted to the 15 December 2020 Ordinary meeting of Council for consideration.

CARRIED


Page No. 15

8. Minutes of Advisory Committees

8.1 ASSEMBLY OF COUNCILLORS RECORD


Moved: Cr Long Seconded: Cr Evans

That Council notes the Assembly of Councillors records submitted as required by the Local Government Act 1989:

7 July 2020 Strategic Issues Discussion; and

14 July 2020 Councillor Briefing.

CARRIED


Page No. 16

9. Reports by Special Committees

9.1 MINUTES OF THE BAYSIDE ARTS BOARD MEETING HELD ON 15 JULY 2020


Moved: Cr Long Seconded: Cr del Porto

That Council notes the minutes of the Bayside Arts Board meeting held on 15 July 2020.

CARRIED


Page No. 17

10. Reports by the Organisation

REQUESTS TO BE HEARD:

The Chairman noted that due to the ongoing COVID-19 pandemic, temporary changes to the Council meeting procedures are in place with regard to Section 66 of Council’s Governance Local Law No 1 – 2013 (Individual Presentations), whereby:

in place of speaking in-person at a Council / Committee meeting, members of the public may submit a written statement, which must be delivered or sent electronically to a member of Council staff by 11:00am on the day of the meeting

written statements received after 11:00am on the day of the meeting will not be considered by the meeting

a person may only make a written statement to an Ordinary Meeting/Special Committee Meeting in relation to an item listed in the agenda under Reports by the Organisation, and even then not if the item is in the nature of a report summarising a decision already made by another body; or if the report relates to a Tender Report relating to the awarding of a contract

in accordance with section 92 (a) of Council’s Governance Local Law No:1, any statement which is derogatory, or defamatory of any Councillor, member of Council staff, or member of the community may not be accepted

where a person has formally made a written statement in relation to an item on the agenda, the statement will be provided to all councillors in advance of the meeting

written statements are not confidential and, following the closure for receipt of statements, will be published (including first and last names only) on Council’s website as an attachment to the Agenda for the relevant meeting

written statements will not be read out at the meeting; however, the Chairperson will advise the meeting of the number of statements received to each item.

The following individuals submitted written statements: Item 10.2 Transition from Governance Local Law No: 1 to Proposed Governance

Rules 2020

1. Mr Hanna Elmouallem


Page No. 18

10.1 PUBLIC PARTICIPATION AT COUNCIL AND COMMITTEE MEETINGS


Moved: Cr del Porto Seconded: Cr Grinter (Deputy Mayor)

That Council:

1. acknowledges the ongoing restrictions as a result of COVID-19, and the increase in community transmissions and will conduct Council and Committee meetings remotely via a teleconferencing tool until further notice, on the basis that all meetings are live-streamed online; and

2. continues to follow the temporary meeting procedures concerning public participation at Council and Committee meetings adopted at the March 2020 Ordinary Meeting of Council.

CARRIED


Page No. 19

10.2 TRANSITION FROM GOVERNANCE LOCAL LAW NO: 1 TO PROPOSED GOVERNANCE RULES 2020


It is recorded that Mr Hanna Elmouallem submitted a written statement in relation to this item.

Moved: Cr Castelli Seconded: Cr Heffernan

That Council:

1. acknowledges and notes that community consultation on the draft Governance Rules as required under section 60 of the Local Government Act 2020 commenced on 9 July 2020 via Council’s ‘Have your Say’ webpage;

2. continues to receive community feedback on the draft Governance Rules up until 11:00am on Monday 10 August; and

3. receives a further report at a Special Meeting of Council on 25 August at 6:00pm which considers the community feedback received, prior to the adoption of the Governance Rules 2020.

CARRIED


Page No. 20

10.3 GOVERNANCE POLICIES: PUBLIC TRANSPARENCY POLICY; COUNCILLOR EXPENSES, REIMBURSEMENT, SUPPORT AND ACCOUNTABILITY POLICY; AND ELECTION PERIOD POLICY


Moved: Cr Heffernan Seconded: Cr Evans

That Council adopts the following Governance Policies as set out in Attachments 1-3 to this report effective as from 1 August 2020:

Election Period Policy;

Councillor Expenses, Reimbursement, Support and Accountability Policy; and

Public Transparency Policy.

CARRIED


Page No. 21

10.4 REVISED INSTRUMENT OF DELEGATIONS - PLANNING AND AMENITY DELEGATED COMMITTEE AND THE CHIEF EXECUTIVE OFFICER AND TO MEMBERS OF COUNCIL STAFF


Moved: Cr Long Seconded: Cr Evans

The Council:

1. abolishes the Planning and Amenity Committee established by Council in accordance with Section 86 of the Local Government Act 1989 as from 31 July 2020;

2. revokes the Planning and Amenity Committee instrument of Delegation as from 31 July 2020;

3. establishes the Planning and Amenity Delegated Committee in accordance with section 63 of the Local Government 2020 effective as from 1 August 2020;

4. appoints all seven members of Council to the Planning and Amenity Delegated Committee with a quorum of 4 Councillors present, and meetings to be conducted in accordance with the Governance Local Law No: 1 or Governance Rules 2020;

5. adopts the Planning and Amenity Delegated Committee Instrument of Delegation effective as from 1 August 2020; and

6. resolves in the exercise of the power conferred by section 11(1)(b) of the Local Government Act 2020 that:

A1 there be delegated to the person holding the position, or action in or performing the duties, of Chief Executive Officer (s5) the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that instrument;

A2 the Instrument comes into force immediately after the common seal of Council is affixed to the Instrument;

A3 on coming into force of the Instrument the previous delegation to the Chief Executive Officer dated 19 March 2019 is revoked;

B1 there be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff (s6), the powers, duties and functions set out in that attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that instrument;

B2 the Instrument comes into force immediately after the common seal of Council is affixed to the Instrument; and

B3 on coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) dated 19 March 2019 are revoked.

CARRIED


Page No. 22

10.5 BAYSIDE ARTS AND GALLERY ADVISORY COMMITTEE CHARTER


Moved: Cr Grinter (Deputy Mayor) Seconded: Cr Heffernan

The Council:

1. abolishes the Bayside Art Board established by Council in accordance with Section 86 of the Local Government Act 1989 as from 31 July 2020;

2. rescinds the Bayside Arts Board Charter as from 31 July 2020;

3. establishes the Bayside Arts and Gallery Advisory Committee as from 1 August 2020;

4. appoints the following Council and community representatives to the Bayside Arts and Gallery Advisory Committee:

Council Representatives Cr James Long BM, JP – Chairman (Term expires 24 October 2020) Cr Sonia Castelli (Term expires 24 October 2020) Cr Alex del Porto (Term expires 24 October 2020)

Community representatives Ms Tiziana Borgheses (Term expires 31 August 2021) Ms Angelina Beninati (Term expires 31 August 2021) Mr Arvind Vasan (Term expires 28 February 2021 Mr Brian Hewitt (Term expires 31 May 2021) Ms Bozena Rutecki (Term Expires 31 May 2021) Ms Sarah Morris (Term Expires 31 May 2021); and

5. adopts the Bayside Arts and Gallery Advisory Committee Charter effective as from

1 August 2020.

CARRIED


Page No. 23

10.6 AUDIT AND RISK COMMITTEE - APPOINTMENT AND CHARTER


Moved: Cr del Porto Seconded: Cr Heffernan

The Council:

1. abolishes the Audit and Risk Management Committee established by Council in accordance with Section 139 of the Local Government Act 1989 as from 31 July 2020;

2. rescinds the Audit and Risk Management Charter as from 31 July 2020;

3. establishes the Audit and Risk Committee in accordance with Division 8 of Part 2 of the Local Government Act 2020 effective as from 1 August 2020;

4. appoints the following councillor members and independent members to the Audit and Risk Committee:

Council Representatives

Cr Rob Grinter – Deputy Mayor (Term expires 24 October 2020)

Cr Sonia Castelli (Term expires 24 October 2020)

Independent members

Ms Lisa Woolmer - Chairperson (Term expires 30 September 2021)

Mr Mick Ulbrick (Term expires 30 March 2021)

Mr Geoff Harry (Term expires 30 September 2022); and

5. adopts the Audit and Risk Committee Charter effective as from 1 August 2020.

CARRIED


Page No. 24

10.7 MEDIA POLICY REVIEW AND UPDATE

Community and Customer Experience - Communication and Engagement File No: PSF/20/8 – Doc No: DOC/20/178400

Moved: Cr Evans Seconded: Cr Heffernan

That Council adopts the Media Policy dated July 2020.

CARRIED


Page No. 25

10.8 DENDY TENNIS PARK PROPOSAL AND STATE GOVERNMENT FUNDING APPLICATION

Environment, Recreation & Infrastructure - Open Space, Recreation & Wellbeing File No: PSF/20/18 – Doc No: DOC/20/183482

Moved: Cr del Porto Seconded: Cr Evans

That Council:

1. endorses Council’s application for funding of the Dendy Tennis Park project to the State Government’s Community Sports Infrastructure Stimulus Program;

2. authorises the Chief Executive Officer to sign any subsequent funding agreement if the application to the State Government’s Community Sports Infrastructure Stimulus Program is successful;

3. endorses the Dendy Tennis Park project as proposed by Tennis Australia and set out in Attachments 1 and 2;

4. commences discussions to develop a 21 year lease agreement with Tennis Australia for use of upgraded court and pavilion facilities at the Dendy Park tennis facility in Brighton East;

5. engages with Dendy Park Tennis Club to ensure that the Club receives reasonable access to the upgraded facilities to support Club tennis activities;

6. develops a Memorandum of Understanding that details Tennis Australia’s financial commitment to upgrade the courts and pavilion at the Dendy Park tennis facility in Brighton East and that this agreement includes a clause that Tennis Australia are responsible for any reasonable cost overruns;

7. negotiates with Tennis Australia for the provision of a residents’ discount for membership and occasional use of the new Dendy Tennis Park;

8. abandons the Expression of Interest process for the future management of the Dendy Park tennis facility as recommended in the Bayside Tennis Strategy; and

9. advises Tennis Australia and the Dendy Park Tennis Club of the outcome of this report.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Laurence Evans, Alex del Porto, James Long, Michael

Heffernan, Clarke Martin (Mayor), Sonia Castelli and Rob Grinter (Deputy Mayor) (7)

AGAINST: Nil (0)

CARRIED


Page No. 26

Procedural Motion Moved: Cr Grinter Seconded: Cr Evans That the meeting be adjourned for a period of 10 minutes.

CARRIED It is recorded that the meeting was adjourned at 8:15pm. Procedural Motion Moved: Cr Grinter Seconded: Cr Evans That the meeting be resumed.

CARRIED It is recorded that the meeting was resumed at 8:25pm.


Page No. 27

10.9 RECONCILIATION ACTION PLAN - IMPLEMENTATION

Environment, Recreation & Infrastructure - Open Space, Recreation & Wellbeing File No: PSF/20/18 – Doc No: DOC/20/191867

Moved: Cr del Porto Seconded: Cr Evans

That Council:

1. postpones the development of the Innovate RAP to the 2021/22 financial year;

2. continues delivering the activities outlined in the Reflect RAP for an additional 12 months; and

3. considers the allocation of funding towards the development of the Innovate RAP in the 2021/22 budget deliberations.

CARRIED


Page No. 28

10.10 REGIONAL LOCAL GOVERNMENT CHARTER HOMELESSNESS & SOCIAL HOUSING

Community and Customer Experience - Community Services File No: PSF/20/9 – Doc No: DOC/20/194851


That Council:

1. endorses the Regional Local Government Charter Homelessness and Social Housing; and

2. commits to an implementation process that integrates and aligns organisational planning, health planning, and housing advocacy platforms with the purpose of the Charter.



AGAINST: Nil (0)

CARRIED


Page No. 29

10.11 SANDRINGHAM HOSPITAL STRATEGIC AGREEMENT

Community and Customer Experience - Community Services File No: PSF/20/9 – Doc No: DOC/20/194861

It is recorded that Cr Evans declared an indirect interest because of conflicting duties in this item, given he is a Director of Fairway Bayside Aged Care United. Cr Evans vacated the meeting prior to the discussion on this item.


That Council:

1. undertakes further discussions regarding opportunities to formalise relationships with Alfred Health, Fairway Bayside Aged Care and Family Life; and

2. provides a further report to Council by June 2021 detailing the outcome of these discussions.

CARRIED

It is recorded that Cr Evans was not present in the Meeting whilst the discussion and vote was taken on this item.


Page No. 30

10.12 SUBMISSION TO MOORABBIN WEST DRAFT URBAN DESIGN FRAMEWORK

City Planning & Amenity - Urban Strategy File No: PSF/20/17 – Doc No: DOC/20/202137

Moved: Cr Grinter (Deputy Mayor) Seconded: Cr Castelli

That Council endorses the attached submission to the Moorabbin West Draft Urban Design Framework as contained in Attachment 1 to the report.

CARRIED


Page No. 31

10.13 CONTRACT CON/20/57 HEAD CONTRACTOR FOR THE DESIGN AND CONSTRUCTION OF THE HURLINGHAM KINDERGARTEN REFURBISHMENT

Environment, Recreation & Infrastructure - City Assets & Projects File No: PSF/20/6 – Doc No: DOC/20/161255

Moved: Cr Grinter (Deputy Mayor) Seconded: Cr Evans

That Council:

1. awards Contract CON/20/57 Head Contractor for the Design and Construction of the Hurlingham Kindergarten Refurbishment to Alchemy Construct for the lump sum price of $ 697,675.00 (excl. GST) and $ 767,442.50 (including GST);

2. authorises the Chief Executive Officer to sign all necessary documentation related to Contract CON/20/57 Head Contractor for the Design and Construction of the Hurlingham Kindergarten Refurbishment; and

3. advises the unsuccessful tenderers accordingly.

CARRIED


Page No. 32

10.14 COUNCIL ACTION AWAITING REPORT


Moved: Cr Evans Seconded: Cr Castelli

That Council notes the Council Action Awaiting Report.

CARRIED


Page No. 33

11. Reports by Delegates

1. Association of Bayside Municipalities – Cr Laurence Evans indicated that the ABM have not held a meeting.

2. MAV Environment Committee – The Director Environment, Recreation & Infrastructure reported that the Committee has not met.

3. Metropolitan Transport Forum – The Director Environment, Recreation & Infrastructure reported on the meeting held on 1 July 2020 attended by the Council’s Acting Coordinator Transport Planning.

The following was presented:

Victorian Public Transport in Times of COVID-19 – Brett Langley, Chief of Network Operations, Department of Transport .

Brett Langley spoke on the Victorian Public Transport in times of COVID-19 and noted:

the department deals with a number of areas including any changes in the transport system, real-time data, improvements and incidence;

COVID–19 impacted the entire department from 16 March. Timetables needed to be changed and public confidence in the system dropped;

three lines of defence were adopted: personal hygiene, additional cleaning and social distancing;

the need to protect staff, provide clear communications and monitoring;

the department were concerned about potential anti-social issues in relation to limiting the number of people using public transport, so no limits were imposed;

people have moved to the road system. Pre-COVID-19, 13 million people used the road system and 2 million used the public transport system each day;

there has been a 90% drop in public transport use;

there was a 40% drop in traffic. Freight dropped slightly but it’s now up at 80% of normal levels;

roads will become busier and quicker than public transport;

PM peak traffic volumes are now back to normal levels but there is a risk of rising;

with changing work behaviours there is a need to create safe active travel and also support Victoria's economic recovery; and

most people are working from home, cycling went down 85% but is rising now. Pedestrian levels went down 90% but now at 47% so some walking has recommenced with some CBD trading.

There was a question raised about the need for more local public transport options in the suburban areas given the city is still essentially closed and some discussion was held on the Suburban Rail Loop.


Page No. 34

MTF Strategic Public Transport Advocacy

A briefing by Greg Day, Director of Edunity, spoke about the advocacy plan to support rapid installation of bike lanes as a COVID-19 response and the MTF wrote to all members of Parliament seeking help on this matter.

There was a comment from the Yarra City Council representative on this, who stated that in some cases, the provision of more cycle lanes may depend on Councillors being willing to accept the loss of parking.

The overall general view was to keep the pressure on and push Active Transport.

Other business

Upcoming meeting topics were then discussed and the group was advised that Ben Rossiter from Victoria Walks may speak in August. September is the AGM and the MTF is looking at which Ministers may be available for future meetings. The Suburban Rail Loop could be a future topic as well.

4. Municipal Association of Victoria – Cr Alex del Porto indicated the scheduled meeting of the MAV will be the State Council Meeting to be held in October.

5. Inner South Metropolitan Mayors’ Forum – The Mayor Cr Clarke Martin indicated that the next meeting is scheduled to be held this week. The Mayor also noted he attended a Mayoral forum with the new Minister for Local Government present, which was a productive meeting, and the next meeting with the Minister and Mayors’ is scheduled to be held on Wednesday.

6. Metropolitan Local Government Waste Forum – The Mayor Cr Clarke Martin indicated that there was nothing further to report since the previous meeting.

Moved: Cr Evans Seconded: Cr Grinter

That the reports by Delegates be received and noted.

CARRIED

12. Urgent Business

There were no items of Urgent Business submitted to the meeting.


Page No. 35

13. Notices of Motion

13.1 NOTICE OF MOTION - NO: 299 - PUBLIC / COMMUNITY BENEFIT OF HERITAGE


Moved: Cr Heffernan Seconded: Cr del Porto

That Council writes to the Minister for Planning to request an urgent review of the Planning

and Environment Act 1987 from the perspective of balancing private property rights and

the public / community benefit of heritage, and the issue of compensation to affected

property owners.



AGAINST: Nil (0)

CARRIED

Procedural Motion Moved Cr Evans Seconded Cr del Porto That the Deputy Mayor take the chair for the consideration of Item 13.2.

CARRIED


Page No. 36

13.2 NOTICE OF MOTION - NO: 300 - PUBLICALLY ACCESSIBLE ELECTRIC CAR CHARGING STATIONS


Moved: Cr Martin (Mayor) Seconded: Cr Evans

That the Final Draft Climate Emergency Action Plan report to be considered at the

September Council meeting, and includes a proposed approach to bring forward the

installation of publically accessible electric car charging stations across the municipality.



AGAINST: Nil (0)

CARRIED

Procedural Motion Moved Cr del Porto Seconded Cr Heffernan That the Mayor resume the Chair for the remainder of the meeting.

CARRIED

14. Confidential Business

Moved: Cr Grinter Seconded: Cr Evans

That in accordance with Section 66(2)(a) of the Local Government Act 2020 (the Act), and pursuant to Section 3(1) of the Act (confidential information), Council resolves that so much of this meeting be closed to members of the public as it contains: (f) personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

CARRIED


Page No. 37

Table of Contents

14.1 MINUTES OF THE CHIEF EXECUTIVE OFFICER'S EMPLOYMENT MATTERS COMMITTEE HELD ON 20 JULY 2020

(Local Government Act 2020) 3 Definitions (1) In this Act— … confidential information means the following information— … (f) personal information, being information which if released would result in

the unreasonable disclosure of information about any person or their personal affairs;

It is recorded that public live-streaming was terminated to enable Council to consider the above listed item in Confidential Business.

Following consideration of Confidential Business, the Chairperson declared the meeting closed at 9:40pm.

minutes of ordinary council meeting - 28 00 2020 · 14.1 minutes of the chief executive...

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