Minutes of Ordinary Council Meeting - 18 00 2020...5. Adoption and Confirmation of the minutes of...

Ordinary

Meeting of

Council

Council Chambers

Civic Centre

Boxshall Street Brighton

Tuesday 18 February 2020 at 7pm

Minutes

Bayside City Council Ordinary Council Meeting - 18 February 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 Matthew Cripps – A / Director City Planning and Amenity Hamish Reid – A / Director Environment, Recreation and Infrastructure Terry Callant – Manager Governance and Corporate Reporting Karen Brown – Governance Coordinator


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 - Not to sell part of Council car park at the rear of 37-39 Melrose Street, Sandringham .................................................... 12

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record ................................................ 13

9. Reports by Special Committees

9.1 Minutes of the Special Committee of Council held on 5 February 2020 to Hear Submissions in relation to the Proposal to enter into a lease of the Mini Golf facility at 20 Wangara Road, Sandringham. .................................................................................................. 14

10. Reports by the Organisation

10.1 Assessment of the potential heritage significance of the Beaumaris Memorial Community Centre ................................... 16

10.2 Feasibility Study - Dogs and off-leash spaces in Bayside ......... 17

10.3 Planning Scheme Amendment C165 - 5 & 7 Well Street, Brighton ..................................................................................... 18

10.4 Hampton Community Infrastructure Feasibility and Master Plan - Project Update ........................................................................... 19

10.5 Long term parking of trailers, caravans and boats on Council Land .................................................................................................. 20

10.6 Council activities in responding to mental health ....................... 21

10.7 Planning Practice Notes 90 and 91 ........................................... 22

10.8 Council Submission to DELWP Discussion Papers ................... 23

10.9 Municipal Boundary Realignment - Cheltenham Level Crossing Removal and Station Redevelopment ....................................... 24

10.10 Governance Policies ................................................................. 25


Page No. 4

10.11 CONTRACT CON/19/125 Jack Road Reconstruction, Cheltenham ............................................................................... 26

10.12 Proposed Sale of Land at the rear of 58 Station Street and 37-39 Melrose Street, Sandringham .................................................... 27

10.13 Proposed Discontinuance and Sale of Land adjoining 2A Maysbury Avenue, Brighton ...................................................... 28

10.14 Proposed Discontinuance and Sale of Land adjoining 28 & 30 Boxshall Street, Brighton ........................................................... 29

10.15 Proposal to enter into a lease of Council Depot at 144 Talinga Road, Cheltenham .................................................................... 30

10.16 Proposed Discontinuance and Sale of Land adjoining 173 Bluff Road, Black Rock (Stage 2) ...................................................... 31

10.17 2019/2020 - October 2019 - December 2019 2nd Quarter Performance Report .................................................................. 32

10.18 Council Action Awaiting Report ................................................. 33

11. Reports by Delegates

12. Urgent Business

13. Notices of Motion

13.1 Notice of Motion - 292 - Trial Graffiti Removal Hampton Street Major Activity Cente .................................................................. 37

14. Confidential Business

14.1 Minutes of the Chief Executive Officer's Employment Matters Committee held on 3 February 2020 ......................................... 38


Page No. 5

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

The Mayor introduced the ‘Changing Faces: Reframing Women in Local Democracy’ exhibition, funded by VicHealth under the Gender Equality and the Arts grants program. The exhibition will open on 21 March 2020 from 1pm – 5pm on weekends, and will continue until 10 May 2020. More information about this exhibition can be found on Council’s website: https://www.bayside.vic.gov.au/changing-faces-reframing-women-local-democracy

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 del Porto 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

Cr Evans declared an indirect interest where residential amenity may be altered in Item 10.16 - Proposed Discontinuance and Sale of Land adjoining 173 Bluff Road, Black Rock (Stage 2).

https://www.bayside.vic.gov.au/changing-faces-reframing-women-local-democracy


Page No. 6

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 17 December 2019.

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

That the minutes of the Ordinary meeting of Bayside City Council held on 17 December 2019, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED

6. Public Question Time

In accordance with Section 64 of Council’s Governance Local Law No 1, 16 public questions were submitted to the Meeting. In accordance with Section 64 part 15 where a questioner is not present in the Chamber at the time of Public Question Time, the question and response will not be read out at the meeting or recorded in the minutes.

1. Mr Graeme Goode (present in the Chamber)

Mr Goode’s question relates to Council’s submission to the November 2019 Planning Panel, and he asks:

In its submission to the November Planning Panel, Council's Part A Submission Clause 168 said..." Council will write to VicRoads to request that VicRoads consider opportunities for further pedestrian crossings, and a reduction to the speed limit" Could that correspondence including the VicRoads response please be tabled.

Response from the CEO

Following the Planning Panel Hearing in November 2019, Council’s traffic engineers have been undertaking investigations into the need for pedestrian crossing facilities and reduced speed limits in Well Street.

Presently, Council has not written to VicRoads in relation to this matter as an assessment of the appropriateness of these traffic management measures in accordance with the VicRoads criteria is being completed.

A report on this matter will be presented to a future Ordinary Meeting of Council.


Page No. 7

2. Mr Miralem Basic (present in the Chamber)

Mr Basic’s question relates to 5 and 7 Well Street, Brighton and he asks:

I note the planning panel for amendment c165 finding that there is not sufficient basis to uphold the rezoning of 5 and 7 Well Street, Brighton away from residential only zone, in view of this finding after a careful well balanced study, and in view of recent determination of the doubtful legal basis of the existing car park at 5 Well St, why is council persisting with the proposal to extend that car park to 7 Well street with only minor increase of 11- 15 car parking positions.


Council purchased the site at 7 Well Street for the purpose of constructing a new car park at the site. In order for this to occur, a planning scheme amendment is required to change the zone of the land to allow for the use.

An independent Planning Panel has considered submissions and made a recommendation.

Section 27(1) of the Planning and Environment Act 1987 requires that ‘The planning authority must consider the Panel’s report before deciding whether or not to adopt the amendment.’

Whilst the Planning Panel has raised concerns about the strategic justification of the use of land for a car park, the report presented to Council recommends that the Public Use Zone is the appropriate zone for the site.

Council will consider the report at tonight at Item 10.3 on the Agenda and provide direction on the matter.

3. Mr Peter Boyle (present in the Chamber)

Mr Boyle’s question relates to budget figures, and he asks:

I sent Council (Director of Corporate Services) a schedule showing the budgeted income and expenditure items for the 2018/9 year, and requested that Council advise the actual figures in respect of these budgeted items. I received a reply from the Finance Manager that the Annual Accounts met Council's statutory requirements.

My request was for actuals in respect of categories of income and expenditure shown in the budget as I had recorded in the schedule I had sent to Council. Accordingly I advised the Director Corporate Services that I required these actual figures.

This was almost three months ago and I am still waiting for that information.

a) When can I expect Council to meet this request?

b) If Council does not provide the actuals as requested why does Council show in the budget figures for these categories of Income and Expenditure?


a) and b)

The Director Corporate Services and Manager Finance responded to a number of questions from you during November and December 2019.

Your request for additional financial information was responded to by the Manager Finance on 26 November 2019 and you were referred to the 2018/19 Annual Report in which the enclosed financial statements provide a break-down of actuals against budget and the commentary for key budget variances. The 2018/19 Budget and 2018/19 Annual Report comply with the Local Government Act, Reporting Regulations, and Australian Accounting Standards.


Page No. 8

4. Mr Peter Boyle (present in the Chamber

Mr Boyle has submitted a second question which relates to carbon offsets, and he asks:

I have noted that at the meeting held on 19 November, 2019 Council carried a motion to allocate in the 2020/21 budget an amount of $172,880 for the purchase of carbon offsets.

a) Does the purchase of carbon offsets reduce the actual emissions made by Council.

b) If not why not spend this amount on matters that will reduce Council's emissions.


a) and b)

The purchase of carbon offsets does not directly reduce emissions created through Council’s operations; however, they do have a positive net effect on the global climate emergency. Through purchasing certified carbon offsets, Council funds new carbon reduction projects contributing to reducing climate impacts.

The purchase of carbon offsets are part of a significant program to ensure carbon neutral operations to minimise climate impacts. Council is using the ‘avoid, reduce, switch and offset’ approach to prioritise actions which have included installation of solar panels, upgrades of streetlights and building energy efficiency, and a contract to procure renewable energy.

5. Mr George Reynolds (present in the Chamber)

Mr Reynolds’ question relates to Council Leasing Policy, and he asks:

Council Leasing Policy is dated 2018. Given that AASB15,16, and 1058 came into force on 31st December 2018 and superseded the leasing policy.

a) Why are staff improperly preparing leases and renewing expiring leases, in the manner of the outdated policy, and

b) Why are confidential meetings being held to discuss lease termination matters when it is clear that sums as large as $1.5 million and $2.2 million are being paid to departing lease holders, without budget authority, in consequence?


a) Council staff are not acting improperly. Council has undertaken its leases and licences in accordance with the Local Government Act 1989 and relevant policy. The policy is not superseded by the standards noted.

b) Council meetings are closed by resolution of Council to hear matters which are deemed confidential.

Council will not respond to questions related to leases or any other matters declared confidential and dealt with in closed Council meetings.


Page No. 9

6. Mr George Reynolds (present in the Chamber)

Mr Reynolds’ second question relates to Council income statements, and he asks:

a) Why are Council's legislated income statements not being separately prepared for each of the revenue streams of, General revenue, Municipal charge revenue, waste service revenue and Own Source revenue, and

b) How is Council cash, subject to both intended application and unallocated, shown to exist, when an Own Source income statement is not shown in the budget or is accounted for?


a) and b)

Bayside City Council has complied with its financial reporting obligations in accordance with the Local Government Act 1989, Reporting Regulations, and Australian Accounting Standards.

7. Ms Sue Hardiman (not present in the Chamber)

8. Ms Sue Hardiman (not present in the Chamber)

9. Mrs Elizabeth Neal (present in the Chamber)

Mrs Neal has submitted a question which relates to 7 Well Street, Brighton and she asks:

Has Council considered the immediate and ongoing benefits of the sale of 7 Well St.?


Council will consider a report in relation to the Panel Report for Amendment C165 and make a decision at Item 10.3 in tonight’s Agenda.


Page No. 10

10. Mrs Denise Kinnon (present in the Chamber)

Mrs Kinnon has submitted a question which relates to Planning Scheme amendment C165, and she asks:

a) How much more of Bayside ratepayers money and resources will be used to escalate this planning amendment for ministerial approval?

b) Can the Council quantify the cost vs benefit to ratepayers?


Council has not yet determined its position on Amendment C165. Once Council resolves whether to adopt the amendment or not, the costs associated with implementing Council’s decision can be more clearly outlined.

The final cost in relation to adopting an amendment or part of an amendment in accordance with Section 29 of the Planning and Environment Act 1987, and submitting the amendment for approval by the Minister for Planning in accordance with Section 31 of the Act is $481.30, in addition to the officer time required to prepare the final planning scheme amendment documentation.

If Council resolves to take a different course of action, the costs are presently unknown.

11. Mr John Quinn (not present in the Chamber)

(Combined question)

12. Mr Frank Pothitos (not present in the Chamber)

13. Ms Irene Strogylakis (not present in the Chamber)

14. Mr Kevin Spencer (present in the Chamber)

Mr Spencer has submitted a question which relates to food and green waste, and he asks:

At the April 2019 Ordinary Meeting of Bayside Council I questioned as to residents of Bayside obtaining the composted material for domestic use provided by the food & green waste contractor of which Council response was it was “currently investigating”.

a) As it is almost 12 months since council stated it was “investigating”. Has council by now reached a resolution of my question on availability of resultant compost?

b) Provide details of how compost will be distributed to Bayside Residents.


a) The food and green waste from Bayside residents are processed by Sacyr who turn the material into compost and mulch for different markets. Due to the volume of organic material that is received at the processing facility, Sacyr engage in commercial quantities of their material and do not sell directly for private use.

b) As there is a strong retail market for compost, Council does not supply or sell this material.


Page No. 11

15. Mr Kevin Spencer (present in the Chamber)

Mr Spencer has submitted a second question which relates to the Bayside Art Collection, and he asks:

In its Quarterly Performance Report October – December 2019, Council has apparently made no mention of costings for Arts Department staffing and works in the collection.

a) Would Council provide the latest detailed Audit report of Bayside Community’s works of art collection showing number of current works, acquisitions, de-accessions etc.

b) What was the cost of full & part time staff employed in the arts and Culture Division?


a) The organisation is happy to provide the information you have requested in writing.

b) The 2019/20 approved salary budget for all full, part-time and casual staff employed in the Arts and Culture department is $362,561.

16. Mr Trevor Neal (present in the Chamber)

Mr Neal has submitted a question which relates 7 Well St, Brighton and he asks:

The Planning Panel and Council appear to have arrived at opposite conclusions about whether the proposed development of 7 Well St. is consistent or inconsistent with the Bayside Intergrated Transport Strategy ,or ITS. In rejecting the amendment the Planning Panel reached a clear conclusion that the proposal is " not in accordance with Council`s strategies and policies" and "contrary to Council`s adopted strategic direction in the ITS".

In response the Council has merely asserted without explanation, that the "amendment is strategically justified". How specifically did the Planning Panel err in reaching its conclusion on this issue?


In accordance with Section 27(1) of the Planning and Environment Act 1987, a planning authority must consider the Panel’s report before deciding whether or not to adopt an amendment.

Whilst the Planning Panel has raised concerns about the strategic justification of the use of land for a car park, Council considers that the Public Use Zone is the appropriate zone for the site and the recommendation to Council is to provide for this. Council will ultimately make the final decision as to how to proceed with Amendment C165.


Page No. 12

7. Petitions to Council

7.1 PETITION - NOT TO SELL PART OF COUNCIL CAR PARK AT THE REAR OF 37-39 MELROSE STREET, SANDRINGHAM

Corporate Services - Governance File No: PSF/20/12 – Doc No: DOC/20/37739

A petition has been received from 367 signatories objecting to the proposed sale of part of a Council car park at the rear of 37-39 Melrose Street, Sandringham.

“We the undersigned hereby petition Bayside City Council to not sell part of the Council car park at the rear of 37-to 39 Melrose Street Sandringham.”

Moved: Cr Evans Seconded: Cr del Porto

That the petition be received and dealt with in conjunction with item 10.12 on the agenda.

CARRIED


Page No. 13

8. Minutes of Advisory Committees

8.1 ASSEMBLY OF COUNCILLORS RECORD


Moved: Cr del Porto Seconded: Cr Castelli

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

4 February 2020 CEO and Councillor only Briefing; and

4 February 2020 Councillor Briefing.

CARRIED


Page No. 14

9. Reports by Special Committees

9.1 MINUTES OF THE SPECIAL COMMITTEE OF COUNCIL HELD ON 5 FEBRUARY 2020 TO HEAR SUBMISSIONS IN RELATION TO THE PROPOSAL TO ENTER INTO A LEASE OF THE MINI GOLF FACILITY AT 20 WANGARA ROAD, SANDRINGHAM.


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

That Council notes the Minutes of the Special Committee of Council held on 5 February 2020 to hear submissions in relation to the Proposal to enter into a lease of the Mini Golf facility at 20 Wangara Road, Sandringham.

CARRIED


Page No. 15

10. Reports by the Organisation

REQUESTS TO BE HEARD: In accordance with Council’s Governance Local Law No.1 Clause 69, the following individuals were granted three minutes each to speak to an item indicated below: Item 10.1 Assessment of the potential heritage significance of the Beaumaris Memorial

Community Centre

1. Mr David Conomy

2. Ms Annie Price (via proxy, Ms Jackie Fish)

3. Mr David Richards

4. Ms Michelle Laragy

5. Mr Leon Laragy

6. Ms Betty Knight

7. Mr George Reynolds

8. Mrs Rebecca Robinson

9. Ms Cate Rayson

10. Ms Cheryl Taylor

11. Mrs Margaret Amond

12. Mr Ken Beadle

13. Ms Laura Beilby

14. Mr Geoffrey Goode

15. Mr John Douglas

Item 10.2 Feasibility Study - Dogs and off-leash spaces in Bayside

1. Miss Amanda Levi

2. Dr Kate Dempsey (via proxy, Miss Amanda Levi)

Item 10.3 Planning Scheme Amendment C165 - 5 & 7 Well Street, Brighton

1. Mr Graeme Goode

2. Mr Miralem Basic

3. Mr John Quinn

4. Mrs Elizabeth Neal

5. Mr John Kardis (via proxy, Mr Hanna El Mouallem)

6. Mr Julian Kardis

7. Mr Hanna El Mouallem

Item 10.4 Hampton Community Infrastructure Feasibility and Master Plan - Project Update

1. Mr Tony Batt (on behalf of Hampton Neighbourhood Association)

2. Mr Tony Shepherd

Item 10.5 Long term parking of trailers, caravans and boats on Council Land

1. Mr Michael Halstead-Lyons

Item 10.15 Proposal to enter into a lease of Council Depot at 144 Talinga Road,

Cheltenham


Item 10.17 2019/2020 - October 2019 - December 2019 2nd Quarter Performance Report



Page No. 16

10.1 ASSESSMENT OF THE POTENTIAL HERITAGE SIGNIFICANCE OF THE BEAUMARIS MEMORIAL COMMUNITY CENTRE

City Planning & Amenity - Urban Strategy File No: PSF/20/17 – Doc No: DOC/20/30214

It is recorded that Mr David Conomy, Ms Annie Price (via proxy, Ms Jackie Fish), Mr David Richards, Ms Michelle Laragy, Mr Leon Laragy, Ms Betty Knight, Mr George Reynolds, Mrs Rebecca Robinson, Ms Cate Rayson, Ms Cheryl Taylor, Mrs Margaret Amond, Mr Ken Beadle, Ms Laura Beilby, Mr Geoffrey Goode and Mr John Douglas each spoke for three minutes in relation to this item. It is recorded that Cr Castelli left the meeting at 8:06 pm and returned to the meeting at 8:09 pm.

Moved: Cr Evans Seconded: Cr Heffernan

That Council:

1. Does not excise the Frank Reade Pavilion from the draft heritage citation for the Beaumaris Memorial Community Centre, and immediately proceeds with the design process and construction for the new building in a manner that is sympathetic with the broader precinct with the planning application to be submitted in March 2020.

2. Does not proceed with demolition of the Arts Group Building.

3. Undertakes an assessment of the Arts Group Building to understand the potential heritage significance of the building.

4. Proceeds with a new design for the Arts Group Building, that is sympathetic to any identified heritage characteristics of the building and the precinct, and considers the protection of significant elements identified, whilst providing a facility that is fit for purpose and meets future user group needs.

5. Undertakes a review of the landscape elements of the reserve in the area adjacent to the Arts Group Building, the sports pavilion and the village green.

6. Receives a further report on the potential heritage listing of the Beaumaris Memorial Community Centre following the completion of the heritage assessment of the Arts Group Building.

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

Martin (Mayor) and Rob Grinter (Deputy Mayor) (5) AGAINST: Crs James Long and Sonia Castelli (2)

CARRIED


Page No. 17

10.2 FEASIBILITY STUDY - DOGS AND OFF-LEASH SPACES IN BAYSIDE

City Planning & Amenity - Amenity Protection File No: PSF/20/4 – Doc No: DOC/20/28057

It is recorded that Miss Amanda Levi and Dr Kate Dempsey (via proxy, Miss Amanda Levi) each spoke for three minutes in relation to this item.

Moved: Cr Heffernan Seconded: Cr del Porto

That Council:

1. Note the research paper.

2. Commence an education, enforcement and incentives campaign consisting of:

a. a targeted communication plan for key issues on Responsible Pet Ownership and Effective Animal Control;

b. implementation of several free third-party dog education/socialisation training sessions in known hot spots for dog owners by accredited trainers;

c. development of an enforcement approach that addresses priority areas, conservation reserves, parks, service standards, and enforcement rationale; and

d. a review of Council’s incentives program to reward positive dog behaviour and responsible pet ownership.

3. Investigate utilising existing sportsground lighting through a pilot/trial at targeted dog off-leash sportsgrounds, subject to availability and sports club usage needs, to extend practical access for dog off-leash use during winter evenings.

4. Continue to engage with the Bayside Dog Alliance (BDA) as it progresses the actions outlined in points 2 and 3.

CARRIED


Page No. 18

10.3 PLANNING SCHEME AMENDMENT C165 - 5 & 7 WELL STREET, BRIGHTON

City Planning & Amenity - File No: PSF/20/17 – Doc No: DOC/20/29434

It is recorded that Mr Graeme Goode, Mr Miralem Basic (via proxy, Mr Hanna El Mouallem), Mr John Quinn, Mrs Elizabeth Neal, Mr John Kardis (via proxy, Mr Hanna El Mouallem), Mr Julian Kardis and Mr Hanna El Mouallem each spoke for three minutes in relation to this item.

Moved: Cr del Porto Seconded: Cr Heffernan

That Council:

1. Notes the recommendation of the Planning Panel appointed to consider submissions to Amendment C165.

2. Adopts Amendment C165 in accordance with Section 29 of the Planning and Environment Act 1987.

3. Advocates to the Minister for Planning for the approval of Amendment C165.

4. Undertakes community engagement with adjoining residents of 7 Well Street, Brighton to manage amenity impacts from the proposed at-grade carpark if the rezoning is supported.

5. Notifies submitters and interested parties of its decision.

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

Martin (Mayor) and Rob Grinter (Deputy Mayor) (5) AGAINST: Crs James Long and Sonia Castelli (2)

CARRIED


Page No. 19

10.4 HAMPTON COMMUNITY INFRASTRUCTURE FEASIBILITY AND MASTER PLAN - PROJECT UPDATE


It is recorded that Mr Tony Batt (on behalf of Hampton Neighbourhood Association) and Mr Tony Shepherd each spoke for three minutes in relation to this item.

Moved: Cr del Porto Seconded: Cr Castelli

That Council note the approach to the continued delivery of the Hampton Community Infrastructure Feasibility and Master Plan process.

CARRIED


Page No. 20

10.5 LONG TERM PARKING OF TRAILERS, CARAVANS AND BOATS ON COUNCIL LAND

City Planning & Amenity - Amenity Protection File No: PSF/19/968 – Doc No: DOC/19/342334

It is recorded that Mr Michael Halstead-Lyons spoke for three minutes in relation to this item.

Moved: Cr del Porto Seconded: Cr Evans

That Council:

1. Support the introduction of a new Local Law to control the long term parking of caravans, boats and trailers on roads and Council Land.

2. Refer the introduction of a new Local Law to control the long term parking of caravans, boats and trailers on roads and Council Land to the scheduled review of the entire Local Law No. 2 ‘Neighbourhood Amenity’.

3. Commence the review of the entire Local Law No. 2 “Neighbourhood Amenity’ as a matter of urgency in April 2020.

4. Provide the necessary funding to commence this review during 2019/20 financial year and the balance to be funded in the 2020/21 financial year.

CARRIED


Page No. 21

10.6 COUNCIL ACTIVITIES IN RESPONDING TO MENTAL HEALTH

Community and Customer Experience - Community Services File No: PSF/19/963 – Doc No: DOC/19/334415

It is recorded that Cr Heffernan left the meeting at 10:29 pm and returned to the meeting at 10:32 pm.

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

That Council:

1. Reinvests youth counselling resources into activities that take a preventative and

pro-active approach to support community members experiencing vulnerability

including mental health issues.

2. Develops and strengthens relationships with local and regional services to support

the Bayside community to access and receive appropriate assistance as and when

required.

3. Refers the development of a Community Resilience Plan for consideration in the

2020/2021 budget cycle.

CARRIED


Page No. 22

10.7 PLANNING PRACTICE NOTES 90 AND 91


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

That Council:

1. Note that it is meeting the requirements of Planning Practice Notes 90 and 91.

2. Note that the Bayside Neighbourhood Character controls are currently being reviewed and the requirements of Planning Practice Note 91 and the State Government’s Planning Scheme reforms will inform the revised Local Policy and any associated schedules or overlays.

3. Prepare a scope to review application of the Design and Development Overlays (DDOs) in accordance with the requirements of the Bayside Planning Scheme Review 2019, Planning Practice Notes 91 and the State Government’s Planning Scheme reforms to assess implications including cost and delivery timeframes.

CARRIED NOTE: Item 10.7 was CARRIED as part of a block motion.


Page No. 23

10.8 COUNCIL SUBMISSION TO DELWP DISCUSSION PAPERS



That Council notes the report and endorses the officer submissions made on behalf of Bayside City Council.



Page No. 24

10.9 MUNICIPAL BOUNDARY REALIGNMENT - CHELTENHAM LEVEL CROSSING REMOVAL AND STATION REDEVELOPMENT


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

That Council:

1. Authorise the Chief Executive Officer to enter into an agreement with Kingston City Council to finalise the realignment of the municipal boundary along the railway line at Cheltenham Railway Station in accordance with the plan contained in Attachment 1 and in accordance with the following conditions:

a) The principles contained within the Cheltenham Park Interface Document contained in Appendix 2 be those which Bayside City Council supports on the basis a Planning Scheme Amendment is pursued for land located over the planned rail trench.

b) On the basis that any future development over the planned rail trench is subdivided and a Public Open Space Contribution is secured, the contribution, as it applies to the proportion of development that is subdivided on what is presently on the Bayside side of the existing municipal boundary, be expended in Cheltenham Park.

c) On the basis land is rezoned for future redevelopment above the rail trench and development occurs, Bayside City Council receives a one-off payment from Kingston City Council at the time of issue of an occupancy permit and based on the assumed rating value of future development on the existing Bayside side of the municipal boundary of $35,000.

2. Upon completion of the agreement, the Chief Executive Officer be authorised to sign the agreement on behalf of Bayside City council, and forward a copy of the agreement signed by both Bayside and Kingston City Councils to the Minister for Local Government to commence the formalisation of the boundary realignment.

3. Gives public notice in accordance with the Local Government Act of the proposed municipal boundary alignment.

4. Authorises the Chief Executive Officer to undertake all necessary statutory processes associated with the minor change to the municipal boundary.

CARRIED


Page No. 25

10.10 GOVERNANCE POLICIES



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

Election Period Policy

Councillor Support, Resources, Reimbursement and Accountability Policy

Councillor Gift and Hospitality Policy.



Page No. 26

10.11 CONTRACT CON/19/125 JACK ROAD RECONSTRUCTION, CHELTENHAM

Environment, Recreation & Infrastructure - City Assets & Projects File No: PSF/19/966 – Doc No: DOC/19/330298


That Council:

1. Awards Contract CON/19/125 Jack Road Reconstruction, Cheltenham to Delfino Paving Co Pty Ltd (ABN 79 007 116 305) for the lump sum price of $1,199,762.00 (excl. GST) and $1,319,738.20 (incl. GST).

2. Authorises the Chief Executive Officer to sign all necessary documentation related to Contract CON/19/125 Jack Road Reconstruction, Cheltenham.

3. Advises the unsuccessful tenderers accordingly.



Page No. 27

10.12 PROPOSED SALE OF LAND AT THE REAR OF 58 STATION STREET AND 37-39 MELROSE STREET, SANDRINGHAM

Corporate Services - Commercial Services File No: PSF/19/965 – Doc No: DOC/19/313054

Moved: Cr Evans Seconded: Cr del Porto

That Council:

1. Notes the receipt of a petition from 367 signatories objecting to the proposed sale of part of a Council car park at the rear of 37-to 39 Melrose Street Sandringham.

2. Undertakes the statutory proceedings in accordance the Local Government Act 1989 to:

a) Subdivide the subject Council-owned land and create an air space stratum lot of 67.52 m2 from a height no less than 4 metres from ground level to a height of 15 metres (subject to survey) (refer yellow coloured land in Attachment 1);

b) Sell the subject stratum airspace (as highlighted in yellow in Attachment 1) to the adjoining owner of 58 Station Street, Sandringham for $100,000 including GST; and

c) Terminate the current proposal to sell the freehold land at the rear of 37-39 Melrose Street, Sandringham, and investigate the possibility of a revised proposal to sell the freehold land, without incurring a net loss of car spaces in the subject area.

CARRIED


Page No. 28

10.13 PROPOSED DISCONTINUANCE AND SALE OF LAND ADJOINING 2A MAYSBURY AVENUE, BRIGHTON



That Council:

1. Commence the statutory procedures in accordance with the Local Government Act 1989, to discontinue and sell the subject property to the adjoining owner of 2A Maysbury Avenue, Brighton for $38,000 plus GST as shown in Attachment 1.

2. Authorise the Director Corporate Services to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to the sale and discontinuance proposal.

3. Advertise the Public Notice outlining the Proposal in accordance with Section 223 of the Local Government Act 1989 to discontinue and sell the land for $38,000 plus GST.

4. In the event that submission/s are received, convene a Section 223 Special Committee of Council meeting on Wednesday 8 April 2020 commencing at 6:30pm at the Council Chambers, Boxshall Street, Brighton to hear any submitters that wish to be heard.

5. Following the consideration of any submissions, Council receive a further report at an Ordinary Meeting of Council.



Page No. 29

10.14 PROPOSED DISCONTINUANCE AND SALE OF LAND ADJOINING 28 & 30 BOXSHALL STREET, BRIGHTON



That Council:

1. Commence the statutory procedures in accordance with the Local Government Act 1989, to discontinue and sell the subject property to the adjoining owner of 3/30 Boxshall Street, Brighton for $210,000 including GST identified by the cross-hatched area shown in Attachment 1.

2. Authorise the Director Corporate Services to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to the sale and discontinuance proposal.

3. Advertise the Public Notice outlining the Proposal in accordance with Section 223 of the Local Government Act 1989 to discontinue and sell the land for $210,000 including GST.





Page No. 30

10.15 PROPOSAL TO ENTER INTO A LEASE OF COUNCIL DEPOT AT 144 TALINGA ROAD, CHELTENHAM


It is recorded that Mr George Reynolds spoke for three minutes in relation to this item. It is recorded that Cr Castelli left the Meeting at 10:41 pm and returned to the Meeting at 10:43 pm.


That Council:

1. Commence the statutory procedures under Sections 190 and 223 of the Local Government Act 1989 to lease four tenancies to Citywide on the below terms:

1.1 Tenant: Citywide Service Solutions Pty Ltd.

Purpose: Office, storage and operational depot

Commencement Date: Date upon which the lease is executed by both parties

Term: 7 years plus 3 x 1 year options

Rent: $160,730 plus GST

Rental Escalation: Consumer Price Index Melbourne All Groups (CPI) to be

implemented annually.

2. Directs that under Section 190 and 223 of the Local Government Act 1989, public notices of the proposals to lease part of the Talinga Road Depot be given.

3. Authorise the Director Corporate Services to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to the lease proposal.

4. In the event a submission is received, convene a Section 223 Special Committee of Council meeting on Wednesday 8 April 2020 commencing at 7:15pm at the Council Chambers, Boxshall Street, Brighton to hear any submitters that wish to be heard.

5. Receive a further report after the completion of the above statutory processes, in order for Council to consider and make a decision about whether to grant the lease described in clause 1 above.

CARRIED


Page No. 31

10.16 PROPOSED DISCONTINUANCE AND SALE OF LAND ADJOINING 173 BLUFF ROAD, BLACK ROCK (STAGE 2)


It is recorded that Cr Evans declared an indirect interest in this item and vacated the Chamber prior to the discussion on this item.


That Council:

1. Commence the statutory procedures in accordance with the Local Government Act 1989, to discontinue the right of way adjoining 4/56, 60-62, 4/64, 5/64, 66, 68, 70, 72 and 74 Edward Street, Sandringham; 173 and 5/175, Bluff Road, Black Rock; and 47, 49,51, 53, 55, 57, 59, 61, 63, 65 and 2/67 Red Bluff Street, Black Rock.

2. To take title in Council’s name the subject right of way adjoining 4/56, 60-62, 5/64, 68, 70, 72 and 74 Edward Street, Sandringham; 173 and 5/175, Bluff Road; and 47, 49, 51, 53, 55, 57, 61, 63, 65 and 2/67 Red Bluff Street, Black Rock.

3. Sell a portion of the right of way as identified in Attachment 1 adjoining the rear of 4/64 and 66 Edward Street, Sandringham; and 59 Red Bluff Street, Back Rock identified on Land Plan 5407 to the corresponding owners of 4/64 and 66 Edward Street, Sandringham; and 59 Red Bluff Street, Black Rock, for amounts of $60,000 (plus GST), $33,000 (plus GST) and $20,000 (including GST) respectively.

4. Authorise the Director Corporate Services to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to the sale and discontinuance proposals.

5. Advertise the Public Notice outlining the Proposal in accordance with Section 223 of the Local Government Act 1989



CARRIED


Page No. 32

10.17 2019/2020 - OCTOBER 2019 - DECEMBER 2019 2ND QUARTER PERFORMANCE REPORT


It is recorded that Mr George Reynolds spoke for three minutes in relation to this item.


That Council notes the 2nd Quarter (October – December) Performance Report.

CARRIED


Page No. 33

10.18 COUNCIL ACTION AWAITING REPORT


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

That Council notes the Council Action Awaiting Report.

CARRIED


Page No. 34

11. Reports by Delegates

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

2. MAV Environment Committee – The Acting Director Environment, Recreation & Infrastructure indicated that the Committee has not met since the previous meeting.

3. Metropolitan Transport Forum – The Acting Director Environment, Recreation & Infrastructure attended the Forum on 5 February.

The election of key roles was undertaken, including the MTF Chair:

a. Outgoing: Cr Martin Zakharov, Maribyrnong City Council; b. Incoming: Cr Jonathon Marsden, Hobsons Bay City Council; and c. There was not a nomination for the role of deputy chair.

A significant part of the meeting was focused on a presentation by Dr Richard Yeo from the Australian Road Research Board ARRB). Dr Yeo provided an overview of the ARRB research programs, which focused on areas including:

Intelligent Transport Systems, such as the preparation for Automated Vehicles and other transport innovations;

Materials testing and assessment for road and footpath construction, including the use of recycled materials. The ARRB has significant laboratory and in field testing facilities for this purpose;

Asset management using advanced tools to predict road performance and condition, improving performance and minimising cost.

There were initial discussions regarding the MTF direction for Strategic Public Transport Advocacy. The newly elected MTF executive will be developing the 2020 advocacy program through February and March and will report the proposed program to the next MTF forum. The three focus areas are expected to continue the themes from 2019 and to include:

a. Active Transport; b. Buses; and c. Choices beyond cars.

Buses are expected to remain a significant focus and individual councils were encouraged to continue local advocacy in parallel with the development and implementation of MTF advocacy. The importance of a strong relationship with the Department of Transport (DoT) was highlighted and is clearly central to a successful advocacy program. A DoT representative was involved in the forum and DoT representatives are expected to be involved in future events, in parallel with improved engagement channels. Notable council updates included concerns regarding the outcomes of the North East link EES, challenges with delivery of parking strategies and the launch of an e-bike share scheme in early February by Melbourne, Yarra and Port Phillip City Councils.


Page No. 35

4. Municipal Association of Victoria – Cr Alex del Porto indicated that the MAV’s next meeting will be the May State Council Meeting.

5. Inner South Metropolitan Mayors’ Forum – The Mayor Cr Clarke Martin indicated there was no meeting held.

6. Metropolitan Local Government Waste Forum – The Mayor Cr Clarke Martin attended the Waste Forum on 6 February with the Acting Director of Environment, Recreation and Infrastructure.

The Chief Executive Officer of the Metropolitan Waste and Resource Recovery Group (MWRRG) provided an overview of the large number of waste / recycling policy reviews that are currently underway at State and Federal Government level. A particularly significant policy area is the Circular Economy Policy, expected to be released by the State Government by late February which will provide a 10 year plan to reduce waste generation and increase recycling. The policy is expected to include the introduction of a Container Deposit Scheme in Victoria by 2023, as well as consideration of four residential waste and recycling bins, with the additional bin for glass recycling. The policy is of particular importance as the Government has requested a delay to the procurement process for the South East Advanced Waste Processing facility, while the policy is prepared. However, the MWRRG and the 16 Councils involved in the facility are in a strong position to initiate procurement as soon as the policy is released. Other significant policy areas contained in the CEO update included:

Environment Protection Act reforms due July 2020;

Federal Inquiry due in February 2020;

Infrastructure Victoria report (April 2020);

VAGO Report 2019; and

National Waste Policy Action Plan 2019. Key broader discussions at the Forum included:

The importance of the ‘Back to Earth’ Initiative to support food and organic recycling, which involves Bayside City Council and 26 other councils. The initiative includes the use of social media, print materials and an events tool kit for community engagement. It was evident from the forum discussions that a large number of councils are going to be following Bayside’s approach and introducing food recycling through the green waste bin in the coming six months;

That planning schemes now include Sustainability Victoria’s Better Practice Guide for Waste Management and Recycling in Multi-unit developments, with information and training to be delivered in March and April; and

Given the significant increases in plastic production that are forecast, I requested information on opportunities to reduce the production of plastics at source. As a result, there is further investigation occurring into State and Commonwealth programs that are targeting reductions in plastic production as well as plastics in the supply chain.


Page No. 36

Given the expected consideration of a four bin program in the Circular Economy Policy, there were two timely Council presentations on program innovations in this area. There was a presentation from Hobsons Bay City Council on their recent introduction of a program that involves:

Fortnightly garbage collection with 120L bins;

Monthly glass recycling with 120L bins;

Fortnightly paper, plastic and metal recycling with 240L bins; and

Weekly food organics and green waste recycling with 120L and some 240L bins. It is very early in the Hobson Bay City Council program; however, highlights to date include the use of a large group of volunteers who are championing the program and the use of regular communications and engagement with the community, including development of digital tools. The immediate challenge is reducing the contamination of recycling streams such as food waste. There was also a presentation from the City of Yarra regarding their trial of a similar four bin program, involving over 1,300 properties including apartments and single dwellings. The trial identified improvements in the quality of recycling streams and community satisfaction from 73% to 86% with the different services. A key concern in the community was the frequency of recycling and garbage collection (both fortnightly), but this appears to be linked to bin capacity rather than the actual frequency. There may also need to be downsizing of food and organic recycling bins to provide a 60L option, due to property space constraints. Key success factors for the trial were significant and simple communications, broad community engagement and not collecting contaminated bins. The forum elections were also held at the meeting, with the outcomes being:

Chair: Cr Lina Messina, Darebin City Council

Deputy Chair: Cr Dot Haynes, Manningham City Council

Strategies and Policy Advocacy Group Representatives: Cr Megan Bridger-Darling, Maribyrnong City Council / Cr Peter Castaldo, Banyule City Council / Cr Dot Haynes, Manningham City Council / Cr Collin Ross, Cardinia Shire Council

Moved: Cr Grinter Seconded: Cr Evans

That the Reports by Delegates be received and noted.

CARRIED

Procedural Motion

Moved Cr Grinter Seconded Cr Evans

That the meeting be extended for a further 30 minutes.

CARRIED

It is recorded that the meeting was extended for 30 minutes at 10.58pm.


Page No. 37

12. Urgent Business

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

13. Notices of Motion

13.1 NOTICE OF MOTION - 292 - TRIAL GRAFFITI REMOVAL HAMPTON STREET MAJOR ACTIVITY CENTE



That Council receives a report at the April 2020 Ordinary Council meeting on an innovative trial of integrated graffiti removal from private property, utility and council assets in the Hampton Street area within the Hampton major activity centre. The trial is to be designed to quantify the costs and benefits of applying an integrated approach more broadly within the municipality. The report is to describe the appropriate length of the trial, the frequency of graffiti removal, the potential role of community groups and traders association, the approach to property categories such as building site hoardings and the role of Local Law enforcement, as well as the expected costs, risks and benefits of the trial.

CARRIED


Page No. 38

14. Confidential Business

Moved: Cr del Porto Seconded: Cr Evans

That pursuant to Section 89(2) of the Local Government Act 1989, the Council resolves that so much of this meeting be closed to members of the public, as it involves Council consideration of matters coming within some or all of the following categories listed in Section 89(2) of such Act.

(a) Personnel matters; (b) The personal hardship of any resident or ratepayers; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or Special Committee considers would

prejudice the Council or any person; (i) A resolution to close the meeting to members of the public.

CARRIED

Table of Contents

14.1 MINUTES OF THE CHIEF EXECUTIVE OFFICER'S EMPLOYMENT MATTERS COMMITTEE HELD ON 3 FEBRUARY 2020 (LGA 1989 Section 89(2)(a) and (d) personnel matters and contractual matters.)

It is recorded that the public gallery was vacated to enable Council to consider the above listed items in Confidential Business.

Following consideration of Confidential Business the Chairperson declared the meeting closed at 11:14pm.

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