ordinary meeting of council minutes 4 september 2019 · a joint letter containing 4 signatures, ......

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ORDINARY MEETING OF COUNCIL

MINUTES

4 SEPTEMBER 2019

These Minutes contain only summary comments from members of the public. To hear full submissions and view a complete recording of the

meeting, go to:

http://webcast.portphillip.vic.gov.au/archive.php

MINUTES - ORDINARY MEETING OF COUNCIL - 4 SEPTEMBER 2019

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MINUTES OF THE ORDINARY MEETING OF THE PORT PHILLIP CITY COUNCIL HELD 4 SEPTEMBER 2019 IN ST KILDA TOWN HALL

The meeting opened at 6:30pm. PRESENT Cr Gross (Chairperson), Cr Baxter, Cr Bond, Cr Copsey, Cr Crawford, Cr Voss, Cr Pearl, Cr Simic. IN ATTENDANCE Peter Smith, Chief Executive Officer; Lili Rosic, General Manager City Strategy and Sustainable Development; Tony Keenan, General Manager Community and Economic Development; Lisa Davis, Acting General Manager Infrastructure and Amenity; Chris Carroll, General Manager Customer and Corporate Services; Kylie Bennetts, Director Office of the CEO, Marc Cassanet, Manager Environmental Sustainability, Zoe O’Mahoney, Coordinator Sustainable Policy, Timothy Graffen, Senior Sustainability Officer, Anthony Traill, Manager Open Space and Recreation Services, Pam Newton, Manager Family Youth and Children, Teresa Parsons, Program Manager Service Transformation, Lisa Paton, Coordinator Sustainable Programs, Joanne McNeill, Manager Asset Management and Property. The City of Port Phillip respectfully acknowledges the Yalukut Weelam Clan of the Boon Wurrung. We pay our respect to their Elders, both past and present. We acknowledge and uphold their continuing relationship to this land.

1. APOLOGIES

An apology was received from Councillor Brand

MOVED Crs Pearl/Simic

That an apology be received and a leave of absence granted to Councillor Brand.

A vote was taken and the MOTION was CARRIED unanimously.

2. CONFIRMATION OF MINUTES

MOVED Crs Pearl/Voss

That the minutes of the Ordinary Meeting of the Port Phillip City Council held on 21 August 2019 be confirmed.



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3. DECLARATIONS OF CONFLICTS OF INTEREST

Nil.

PRESENTATION OF AWARDS Municipal Engineering Foundation Victoria

The Chief Executive Officer, advised that Council recently received an award from the Municipal Engineering Foundation Victoria in appreciation of assistance provided to Lachlan Johnson, Manager Maintenance and Operations, in undertaking an Overseas Study Tour Scholarship.

Lisa Davis, Acting Manager Infrastructure and Amenity, advised that The Municipal Engineering Foundation provides opportunities for local government engineers/public works professionals to enhance their technical and managerial skills. This is achieved by annually awarding scholarships for research on a wide range of local and overseas study topics.

Lachlan Johnson, Manager Maintenance and Operations, is one of three recipients selected by the Foundation to participate in an overseas study tour scholarship award to USA and Canada.

Victorian SES

The Chief Executive Officer welcomed to the meeting Victorian SES officers to present the certificate of the Municipal Emergency Management Plan (MEMP) audit pass for City of Port Phillip.

David Goldfinch, SES Central Regional Operations Officer, presented the certificate to Council and congratulated Council on the award.

4. PETITIONS AND JOINT LETTERS

Item 4.1 – Petition requesting a drinking fountain at Smith Reserve, Port Melbourne

A Petition containing 53 signatures was received from a Port Melbourne resident.


That Council:

1. Notes that a drinking fountain and dog bowl has been ordered and will be installed prior to 30 October 2019.

2. Receives and notes the Petition.



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Item 4.2 – Joint Letter supporting the School Strike for Climate

A Joint Letter was received from the Port Phillip Council Youth Advisory Committee

The following speakers addressed Council and made a verbal submission in support of the Joint Letter:

Geoffrey Love

Nina Janny

Alice and Gracie Langton

Megan Doyle

Elouisa Moses McMahon

Edward Krutsch

Leslie Rosenblatt

MOVED Crs Baxter/Crawford

That Council:

Receives and notes the Joint Letter.

Notes and acknowledges the positive civic engagement and exemplary leadership of young people within Port Phillip participating in the September 20 Global Climate Strikes.

States support for the aims of the strikes, being to demonstrate the urgency of moving to 100% renewable energy in the face of a climate emergency.

States support for all who are able to attend the strikes as leaders in our community.

Notes that the Council does not have the power to authorise staff participation in the Global Climate Strikes.

Cr Pearl called for the vote to be taken under a DIVISION. FOR: Crs Voss, Baxter, Copsey, Crawford, Gross and Simic

AGAINST: Crs Bond and Pearl The MOTION was CARRIED.


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Item 4.3 Joint Letter requesting the City of Port Phillip to declare a Climate Emergency

A Joint Letter containing 4 signatures, was received from local resident Timothy Neville.

The following speakers addressed Council and made a verbal submission in support of the Joint Letter:

Geoffrey Love

Priscilla Hough-Davies

Kylee Carpenter

Gillian Upton

Timothy Neville

MOVED Crs Baxter/Crawford

That Council:

Receives and notes the Joint Letter.

Acknowledges the views and genuine concerns of the signatories.

Continues to implement strategies and initiatives to mitigate and adapt to the impacts of climate change as outlined in the Council Plan (2017-2027).

Continue to implement the Act and Adapt: Sustainable Environment Strategy (2018-28) and Don’t Waste It!: Waste Management Strategy (2018-28).

Continues to advocate to the Victorian and Australian Government to develop and deliver Policies and services that improve environmental sustainability outcomes.

Cr Bond called for a DIVISION. FOR: Crs Voss, Baxter, Copsey, Crawford, Gross, Pearl and Simic

AGAINST: Cr Bond A vote was taken and the MOTION was CARRIED.

5. SEALING SCHEDULE

Nil.


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6. PUBLIC QUESTION TIME

Agris Celinskis

Is Council aware of any footpath trading contrary to Local ordinance 1 s 21 and Procedures and Protocols Manual sections 21.3 and N and K being parking on the footpath, obstructions and non-compliance with permits occurring at the Esplanade Market? What is Council currently doing to address any significant and ongoing permit compliance issues at the Market? Given recent market operational management changes, what are the interim arrangements commencing this week being 2nd September? Is there an approved marketing strategy for the markets given the income and economic impact generated for Council by the esplanade market? If so, is that publicly available? If not, when will one be completed? What is the public consultation process if any?

Mayor Gross advised that these questions would be taken on notice.

Robbie Nyaguy

How many staff measured in FTE have sat in the Council Program area for In Our Backyard? What has the cost been for these staff? What has the cost of consultants been for the work related to In Our Backyard? How many briefings have been conducted with Councillors on In Our Backyard? What is the interest on the accumulated funds for the two million in the affordable housing reserve? How have these funds been spent?

Mayor Gross advised that these questions would be taken on notice.

7. COUNCILLOR QUESTION TIME Councillor Pearl asked if officers could provide further information about whether or not ANAM sought permission to convert the kitchen at the South Melbourne Town Hall into a sound studio? If so, are there alternative arrangements that can be made to hold citizenship ceremonies at South Melbourne Town Hall or Port Melbourne Town Hall?

Joanne McNeill, Manager Asset Management and Property, confirmed that the arrangement in place to allow ANAM to use the commercial kitchen was approved by officers as part of the response to damage that was done to the building last year. Ms McNeill took the second question on notice. Councillor Pearl asked whether Michael Danby has settled the outstanding bill issued for use of the St Kilda Town Hall?

Joanne McNeill, Manager Asset Management and Property, confirmed that the bill has been paid. Councillor Simic asked for an update from officers on Council’s dealings with recycling company SKM and asked for confirmation on whether SKM are due to start recycling again soon.

Lisa Davis, Acting General Manager Infrastructure and Amenity, advised that receivers are working with SKM to bring all sites into compliance including the site where this Council’s recycling goes to (Laverton). The advice received by Council is that the facility may be online in the next two to three weeks.


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Councillor Copsey asked for confirmation that residents can still take their recyclables to the Waste and Recovery Centre?

Lisa Davis, Acting General Manager Infrastructure and Amenity, confirmed that City of Port Phillip Waste and Recovery Centre can receive all recyclable materials and distribute them to various companies around Melbourne for processing. Councillor Baxter stated that he took his recycling to the centre and they advised they were not taking glass recyclables. Was that just for that day or is this ongoing?

Lisa Davis, Acting General Manager Infrastructure and Amenity, advised she would take this question on notice.

8. PRESENTATION OF CEO REPORT

8.1 Presentation of CEO Report - Issue 58

The following speakers made a verbal submission in relation to this item:

Robbie Nyaguy

Mr Nyaguy raised concerns from the Community Alliance of Port Phillip about the off-track status of Affordable Housing. This project has been running for four years – when will this program be reviewed?

Leslie Rosenblatt

Mr Rosenblatt spoke in support of the comments made by Mr Nyaguy and expressed concern that the In Our Backyard project is off-track.

Purpose

1.1 To provide Council with a regular update from the Chief Executive Officer regarding Council’s activities and performance.

MOVED Crs Simic/Voss

That Council:

3.1 Notes the CEO Report Issue 58 (provided as Attachment 1) including changes to budget forecasts and project portfolio identified in July 2019.



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9. PEOPLE AND COMMUNITY

9.1 Adoption of Every Child, Our Future Children's Services Policy


Josh Burns, Federal Member for Macnamara

Mr Burns MP raised concerns on behalf of the community and spoke to the importance of quality Council-run childcare services.

Linda Davison

Ms Davison spoke on behalf of Clarendon Childrens Centre and spoke in support of Council maintaining childcare provision and supporting children from disadvantaged backgrounds.

Denbeigh Inman

Mr Inman spoke of his personal experience with Council childcare and spoke in support of Council maintaining its provision of services.

Hayley Davies

Ms Davies spoke on behalf of members of the Australian Services Union (ASU), and highlighted the importance of considering employee needs in the assessment of childcare provision.

Kate Wallman

Ms Wallman spoke on behalf of Treehouse Early Learning St Kilda and highlighted the benefits of for-profit childcare centres.

Rhonda Small

Ms Small spoke as the representative for the Community Alliance for Port Phillip. Ms Small spoke in support of Council maintaining council-run childcare services, and raised concern with the timeline of the recommendation.

Brenda Forbath

Ms Forbath, also representing the Community Alliance for Port Phillip, reiterated support for Council maintaining council-run childcare services, and raised concern with the proposal for a cost-based business case.

Geoffrey Love

Mr Love spoke in support of maintaining council-run childcare services.

Robbie Nyaguy

Mr Nyaguy spoke in support of maintaining council-run childcare services.


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Suzanne Provis

Ms Provis spoke in support of council-run childcare services and highlighted the importance of facilities being accessible for all children.

Paul Davies

Mr Davies spoke as a member of the Committee of Management for Clarendon Childrens Centre, and advised of the favourable working conditions of centre employees. Mr Davies spoke in support of council continuing community-managed childcare.

Judith Klepner

Ms Klepner, a former Councillor, spoke in support of Council maintaining current childcare provisions, and raised concern about the report not focusing on the importance of quality centres.

Rachel Downing

Ms Downing spoke about the benefits of council and community run childcare and supported Council continuing its current service provision.

The following question was taken on notice during the discussion of the item:

Councillor Voss asked why Council does not utilise parent committees in the management of childcare service providers?

Pam Newton, Manager Family, Youth and Children, took the question on notice.

Purpose

1.1 To present the proposed Every Child, Our Future: Children’s Services Policy for endorsement by Council and to outline the next steps before the policy is implemented.

MOVED Crs Gross/Bond

That Council:

3.1 Notes that a number of submissions on this topic have been received following Council’s consideration of the outcomes of community consultation on the Every Child, Our Future: Policy Issues and Options Paper in May 2019

3.2 Formally adopts the proposed Every Child, Our Future: Children’s Services Policy (Attachment 1) which commits Council to:

Greater support to the children and families that will benefit the most and are least likely to access the services by investing in assertive outreach, providing targeted grants to reduce financial barriers to access and supporting families and services to support positive outcomes for these children.


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Taking a strong role in the monitoring community needs, the services available to meet these needs and planning for the future and supporting children and families to access services that meet their needs regardless of provider-type.

Advocating to other levels of government to increase investment and to ensure all children have access to high quality and accessible children’s services.

Continuing providing support for volunteer-led, community-managed services that provide childcare, toy libraries, playgroups and kindergarten through appropriate funding and provision of facilities.

Excluding transitioning Council-run services and Council owned facilities to private for-profit providers.

In developing a business case that assesses the benefits and costs of transitioning one or more of the four council run services to community organisations or alternatively retaining operation and ensuring competitive neutrality, officers undertake a review of costs and fees to ensure best value to the community and effectiveness in meeting council objectives of quality, affordability and accessibility. This review will seek to address any financial loss issues pertaining to all operated Council centres, measures to ensure bad debts are managed, rooms are at capacity and the use of agency staff is reduced. The review should also explore the opportunity to implement a volunteer committee of management to enable many of the benefits and positive elements of Community run centres, including greater efficiencies. This review should also consider whether this might be addressed by a Section 86 committee.

That Council resolves to provide a transitional arrangement to all centres subject to the Statutory procedures required under Section 190 of the Local Government Act (the Act). This transitional arrangement will offer all centres a three year lease subject to aligning the dates of the leases to the same date on the acknowledgment that lease may be terminated in the event that the premises, building fabric or other unexpected exigency is deemed to be a risk to any person.

3.3 Request that officers prepare an implementation plan, in consultation with stakeholders that includes a long-term strategy for the future of Council-owned children’s services facilities.

Cr Crawford called for the vote to be taken under a DIVISION.

FOR: Crs Bond, Voss, Gross and Pearl

AGAINST: Crs Baxter, Copsey, Crawford and Simic A vote was taken and the MOTION was TIED.

The MOTION was CARRIED on the casting vote of the Mayor.

The Mayor called for a break at 9.53pm.

The meeting resumed at 9.59pm.


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9.2 Post Exhibition - Draft Community Safety Plan

The following speaker made a verbal submission in relation to this item:

Jennifer Edge

Ms Edge spoke about accessibility of Council services, and advised of concerns that she has not been included consultation on the Community Safety Plan.

Purpose

1.1 To seek approval from Council to endorse the attached Community Safety Plan.

MOVED Crs Copsey/Bond

That Council:

3.1 Adopts the final Community Safety Plan 2019-2023, as shown at Attachment1.

3.2 Delegates authority to the Chief Executive Officer to make amendments to the Community Safety Plan 2019-2023 in order to correct any minor drafting errors and finalise design, artwork and alternative format translations.

3.3 Requests the development of a policy for CCTV in public places for future Council consideration.


10. TRANSPORT AND PARKING

Nil.


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11. SUSTAINABILITY

11.1 Elster Creek Catchment Flood Management Plan


Issac Hermann

Mr Hermann spoke about the progress made by the Elster Creek Catchment Flood Management Plan 2019-2024, and advised of the ongoing need for flood mitigation measures and cross collaboration of government agencies in managing flooding. Mr Hermann highlighted the need for representation to the minister, for upstream flood retarding basins, for addressing water quality as a primary issue, for addressing Byron street main drain flooding, for having Melbourne Water repair the canal, and for transparency, authority and accountability.

Geoffrey Love

Mr Love endorsed the comments made by Mr Hermann and acknowledged the significant progress made by the Elster Creek Forum and government agencies working together.

Purpose

1.1 This report presents the Elster Creek Catchment Flood Management Plan 2019-2024 and the Elster Creek Catchment Memorandum of Understanding 2019 between project partners for endorsement.

MOVED Crs Pearl/Crawford

That Council:

3.1 Endorses the Elster Creek Catchment Flood Management Plan 2019-2024 (Attachment 3).

3.2 Endorses the Memorandum of Understanding (Attachment 4).

3.3 Authorises the Chief Executive Officer to sign the Memorandum of Understanding on behalf of the City of Port Phillip.

3.4 Authorises the Chief Executive Officer to continue to represent Council to progress collaborative action within the Elster Creek Catchment in accordance with the Elster Creek Catchment Flood Management Plan 2019-2024.

3.5 Authorises the Chief Executive Officer to make minor editorial updates to the adopted Flood Management Plan and Memorandum of Understanding as agreed by the Elster Creek Catchment Working Group.



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11.2 Council Delegation to the CEO - Environmental Upgrade Agreements Purpose

1.1 For Council to update its Instrument of Delegation from Council to members of Council staff to provide the Chief Executive Officer with the power to enter into Environmental Upgrade Agreements and declare and levy an environmental upgrade charge.

MOVED Crs Copsey/Voss

That Council:

3.1 Delegates to the members of Council staff holding, acting in or performing the duties of the officers or positions referred to in the Instrument of Delegation from Council to Members of Council Staff (Attachment 1) the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that instrument.

3.2 Notes that the Chief Executive Officer will have the power to enter into Environmental Upgrade Agreements and declare and levy an Environmental Upgrade Charge.

3.3 Affixes the common seal of Council to the Instrument of Delegation from Council to Members of Council Staff.

3.4 Notes that this Instrument of Delegation from Council to Members of Council Staff comes into force immediately the common seal of Council is affixed to that Instrument.

3.5 Revokes the current Instrument of Delegation from Council to Members of Council Staff dated 20 February 2019 upon the coming into force of the Instrument.

3.6 Notes that Council can now offer Environmental Upgrade Agreements to eligible property owners within the City of Port Phillip.


12. PLANNING

Nil.

13. ARTS CULTURE & ECONOMIC DEVELOPMENT

13.1 Art and Heritage Reference Committees Purpose

1.1 To appoint the community representatives as appears in confidential Attachment 5 to the following art and heritage Reference Committees: Cultural Development Fund Reference Committee Art Acquisition Reference Committee Rupert Bunny Foundation Visual Arts Fellowship Reference Committee Cultural Heritage Reference Committee


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1.2 To present the updated Terms of Reference for the four committees for approval.


That Council:

3.1 Appoints Committee Members to the Cultural Development Fund, Art Acquisition, Rupert Bunny Foundation Visual Arts Fellowship and the Cultural Heritage Reference Committees as appears in confidential Attachment 5.

3.1.1 Makes public the list of Committees following the adoption by Council and the acceptance of the nominees.

3.2 Approves the updated Terms of Reference for the Cultural Development Fund Reference Committee.

3.3 Approves the updated Terms of Reference for the Art Acquisition Reference Committee.

3.4 Approves the updated Terms of Reference for the Rupert Bunny Foundation Visual Arts Fellowship Reference Committee.

3.5 Approves the updated Terms of Reference for the Cultural Heritage Reference Committee.

3.6 Approves the list applicants who met criteria for a committee ‘pool’.

3.7 Delegates authority to the Chief Executive Officer to make amendments to the Terms of Reference documents to correct any minor drafting errors that do not materially alter the intent.


14. ORGANISATIONAL PERFORMANCE

14.1 Annual Review of Audit and Risk Committee Charter

Purpose

1.1 To adopt the updated Audit and Risk Committee Charter.

MOVED Crs Pearl/Crawford

That Council:

3.1 Adopts the updated Audit and Risk Committee Charter (Attachment 1).



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14.2 Proposed Report of Operations for the Annual Report 2018/19

Purpose

1.1 To receive and consider the draft report of operations for the year ending 30 June 2019.

MOVED Crs Pearl/Bond

That Council:

3.1 Notes the attached draft report of operations for the year ending 30 June 2019 which will form part of the Annual Report 2018/19.

3.2 Approves the Chief Executive Officer and Mayor to certify that the Governance and Management checklist fairly presents Council’s governance and management arrangements, which is required in the report of operations.

3.3 Notes that councillors will be kept updated on the progress of the Annual Report 2018/19 before submission to the Minister for Local Government by 30 September 2019.

3.4 Notes the designed Annual Report 2018/19 will be formally presented to Council on 16 October 2019.

3.5 That Council requests officers to undertake a review of the Councillor Support and Expense Reimbursement Policy and provide a report back to Council at the earliest possible opportunity about changes that could be made to ensure Councillors have the support required to fulfill their duties and that this is managed in an efficient, effective and transparent way. As part of this review provide advice on opportunities to:-

• improve the payment of expenses to Councillors incurred while performing their duties;

• enhance the reporting of councillor expenses;

• improve governance arrangements for Councillors accessing training and conferences.

Cr Pearl called for the vote to be taken under a DIVISION. FOR: Crs Bond, Gross and Pearl AGAINST: Crs Voss, Baxter, Copsey, Crawford and Simic A vote was taken and the MOTION was LOST.


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MOVED Crs Voss/Pearl

That Council:

3.1 Notes the attached draft report of operations for the year ending 30 June 2019 which will form part of the Annual Report 2018/19.

3.2 Approves the Chief Executive Officer and Mayor to certify that the Governance and Management checklist fairly presents Council’s governance and management arrangements, which is required in the report of operations.

3.3 Notes that Councillors will be kept updated on the progress of the Annual Report 2018/19 before submission to the Minister for Local Government by 30 September 2019.

3.4 Notes the designed Annual Report 2018/19 will be formally presented to Council on 16 October 2019.

A vote was taken and the MOTION was CARRIED.

14.3 In Principle Approval of the Annual Financial Statements 2018/19 and

Performance Statement 2018/19

Purpose

1.1 To obtain Council’s in principle approval of the annual financial statements and performance statement for the financial year ending 30 June 2019.

MOVED Crs Voss/Gross

That Council:

3.1 Gives in principle approval to the annual financial statements and performance statement (the statements) for the financial year ended 30 June 2019.

3.2 Authorises the Mayor, Councillor Dick Gross, and Councillor Louise Crawford or delegates to certify the annual financial statements and performance statement for the financial year ended 30 June 2019.

3.3 Approves the materiality threshold in the performance statement at +/- 10 percent of Council’s 2017/18 result for the explanation of variances between the 2018/19 and 2017/18 result.



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15. NOTICES OF MOTION

Nil.

16. REPORTS BY COUNCILLOR DELEGATES

Nil.

17. URGENT BUSINESS

Nil.

18. CONFIDENTIAL MATTERS


That in accordance with Section 77(2)(a) of the Local Government Act 1989 (as amended), the meeting be closed to members of the public in order to deal with the following matters, that are considered to be confidential in accordance with Section 89(2) of the Act, for the reasons indicated:

18.1 St Kilda Marina Project - Endorsement of EOI Evaluation Panel Report

The information in this report is considered to be confidential in accordance with the Local Government Act 1989 (as amended), as it relates to:

89(2)(d). Contractual matters.


The Meeting was closed to the public at 10.48pm.

The Meeting reopened to the public at 10.53pm As there was no further business the meeting closed at 10.53pm.

Confirmed: 18 September 2019

Chairperson ________________________________________

ordinary meeting of council minutes 4 september 2019 · a joint letter containing 4 signatures, ......

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