minutes of ordinary council meeting - 23 00 2020 - vic · bayside city council ordinary council...

Ordinary

Meeting of

Council

Council Chambers

Civic Centre

Boxshall Street Brighton

Tuesday 23 June 2020 at 7pm

Minutes

Bayside City Council Ordinary Council Meeting - 23 June 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: Jill Colson – Director Corporate Services

Bryce Craggs – Director Community and Customer Experience Hamish Reid – Director City Planning and Amenity Adam McSwain – Director Environment, Recreation and Infrastructure Juliana Aya – Manager Urban Strategy Terry Callant – Manager Governance and Corporate Reporting Matthew Cripps – Manager Development Services Jason Stubbs – Manager Commercial Services


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 construct a covered structure for all weather at Landcox Park ........................................................................................... 13

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record ................................................ 14

8.2 Minutes of the Audit & Risk Management Committee meeting held on 18 May 2020 ......................................................................... 15

9. Reports by Special Committees

9.1 Minutes of the Bayside Arts Board meeting held on 3 June 2020 .......................................................................................... 16

10. Reports by the Organisation

10.1 Protection of Heritage properties in Bayside ............................. 20

10.2 Neighbourhood Character Review 2019 - Project Update and Next Steps ......................................................................................... 21

10.3 Update on translation to new format Planning Scheme ............. 22

10.4 Submissions to State Government Proposed changes to Planning Schemes ................................................................................... 23

10.5 Hydrotherapy/Warm Water Pool Feasibility Study ..................... 24

10.6 Response to Notice of Motion - 294 - Proposed Roundabout Upgrade and Pedestrian Crossing At The Corner of Church/St Andrews Streets, Brighton ......................................................... 25

10.7 Public participation at Council and Committee meetings ........... 26

10.8 Re-appointment of Bayside Arts Board Members ..................... 27

10.9 Audit & Risk Management Committee - Appointment of External Independent Member ................................................................ 28


Page No. 4

10.10 Local Economy recovery, extended support to small businesses in response to COVID-19 .............................................................. 29

10.11 COVID-19 Rent and Building Insurance Premium Relief for Designated Community Tenants and Amendment to Financial Delegations for all Rent Relief ................................................... 30

10.12 Events in Public Places Policy 2020 .......................................... 31

10.13 Procurement Policy - Annual Review ........................................ 32

10.14 Council Action Awaiting Report ................................................. 33

11. Reports by Delegates

12. Urgent Business

13. Notices of Motion

13.1 Notice of Motion - 295 - Hurlingham Park tennis clubhouse ...... 36

13.2 Notice of Motion - 296 - Protected bicycle lanes in Bayside ...... 37

13.3 Notice of Motion - 297 - Feasibility for restoration of the Hampton Hill Mural ................................................................................... 38

13.4 Notice of Motion - 298 - Interim greenhouse gas emissions reduction targets ........................................................................ 39

14. Confidential Business

14.1 Financial support for Council tenant .......................................... 40


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 broader Bayside Community.

The Mayor invited Cr del Porto to read the prayer.

1. Prayer

Cr del Porto 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 Evans 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.

The Mayor acknowledged the 100th birthday of resident, Ms Lesley Falloon OAM.

Ms Falloon served as a Councillor of the former City of Sandringham from 1978 to 1992 and was elected Mayor in 1982/83 and 1991/1992 and for many years was the only female on Council. She has been actively involved in the community since moving here with her young family in 1956, has been a particularly strong advocate for women’s rights and empowering women, and is currently featured in Council’s Changing Faces exhibition – celebrating the contribution women make to the municipality of Bayside, and encourages women to get involved in local democracy.

3. Apologies

There were no apologies submitted to the meeting.


Page No. 6

4. Disclosure of any Conflict of Interest of any Councillor

It is recorded that the Cr Evans declared an indirect interest because of conflicting duties in Item 10.5 on the Council Agenda, given Cr Evans is a board member of the Fairway Hostel, mentioned in the report on this item.

Procedural Motion

Moved: Cr Grinter Seconded: Cr Evans

That the June 2020 Ordinary Meeting of Council be closed to members of the public attending the meeting in the gallery, in accordance with Sections 66(2)(c) of the Local Government Act 2020, given the necessity for the meeting to proceed in an orderly manner whilst maintaining social distancing, noting that the meeting is being viewed by the public via live streaming on the internet, and public participation as part of the Governance Local Law is still occurring through this process.

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 19 May 2020.

Moved: Cr Evans Seconded: Cr Heffernan

That the minutes of the Ordinary meeting of Bayside City Council held on 19 May 2020, 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, 13 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.


Page No. 7

1. Miss Anna Lofthouse

Miss Anna Lofthouse has submitted a question regarding Council’s approach to racism and equality in light of the recent tragic death of American man, George Floyd. Miss Lofthouse asks:

What is your view on modern racism, and what are you doing to ensure that black men and women are awarded opportunities which are equal to white men and women?

Response from the Director Corporate Services

Bayside City Council does not tolerate racism on any matter, and has many polices in place to provide equal employment opportunities for all, whilst respecting the Charter of Human Rights Responsibilities. Furthermore, Council has adopted a Reconciliation Action Plan.

2. Mr Ric Sotelo

Mr Ric Sotelo has submitted a question regarding the railway crossing next to St Joan of Arc Primary School, and Mr Sotelo asks:

Can the Council urgently accelerate the installation of pedestrian gates on the railway crossing next to St Joan of Arc Primary School on the corner of New St and Dendy St, Brighton, and advise on the timing of such installation?


Council is of the view that the provision of pedestrian gates on New and Dendy Streets intersection adjacent to the level crossings would provide significant safety benefits for would-be users crossing the level crossing. The provision of pedestrian gates on level crossings is the responsibility of the State Government. As such, Council will advocate on the community’s behalf with the Department of Transport to prioritise the installation of pedestrian gates at this location. You (Mr Sotelo) may like to help us in our efforts by making contact with the State Government and local members of Parliament regarding this safety concern.

3. Mr Ric Sotelo

Mr Sotelo has submitted a further question regarding this level crossing, and Mr Sotelo asks:

Can the Council urgently commission a study on the safety of the abovementioned level crossing having regard to the following: a) absence of pedestrian gates; b) frequent use of the level crossing by pedestrians including children; and c) close proximity of the level crossing to a primary school?

Response from the Mayor

As mentioned, Level Crossings are the responsibility of the State Government.

Council will advocate on the community’s behalf with the Department of Transport to prioritise the installation of pedestrian gates at this location. You may like to help us in our efforts by making contact with the State Government and local members of Parliament regarding this safety concern.


Page No. 8

4. Mr George Reynolds

Mr George Reynolds has submitted a question regarding Council’s proposed 2020 revision of its procurement policy, and Mr Reynolds asks:

a) Why have the Mayor and Councillors allowed Council staff to delete the key probity requirement in the proposed 2020 revision of the procurement policy, which requires that purchasers ensure that "existing funds within an approved budget" is established prior to the commencement of any procurement action, and

b) Why has this key change not been referred to in the executive summary of the Agenda Item 10.13?


a) The policy has improved the probity requirements as part of minor editorial changes. The minor change to section 6.1.11 is a small part of section 6 related to a wide range of probity, ethics and governance issues. In particular, changes to section 6.1.2 simplified wording and included an additional dot point to reference decisions based on valid assessment of responses against agreed and transparent criteria. The policy continues to require an existing source of funds to be available to support procurement.

b) The report references the key changes being the delegations and sustainability, but also highlights minor editorial changes to probity.

5. Mr George Reynolds

Mr Reynolds has submitted a further question. The question is regarding preparation pf the Proposed Council Plan review and Proposed Strategic Resource Plan, and Mr Reynolds asks:

a) Why has the Council Plan not been prepared and published following. or in conjunction with, the publication of the Strategic Resources Plan

b) Why has s125 (2)(d) of the LGA not been complied with.


a) The 2020 review Council Plan was considered by Council at its meeting in April to commence the statutory process given the draft plan was ready to receive community feedback on the proposed delivery of actions for 2020/21.

b) The draft Strategic Resource Plan was considered at the May meeting to commence the statutory process. The delay in the preparation of the Strategic Resource Plan related to the financial impacts associated with COVID-19. Both documents are considered in conjunction with each other which is why submissions are considered together for this process.


Page No. 9

6. Ms Helen Tachos

Ms Helen Tachos has submitted a question regarding Council rates, and Ms Tachos asks:

In light of Budget papers which show $100 million held in cash reserves and a $20 million surplus for 2020, how can the Council justify increasing rates - when with COVID many residents with small businesses are facing difficulties making ends meet with reduced or no revenue, as well as individuals who may have lost their jobs.


Council has provided financial relief including an economic support package for small business, rent relief for our community and commercial tenants, and continues to provide rates deferral for ratepayers in financial hardship. This is necessary to help our community recover; however, the reality is that combined with a reduction in other non-rate revenue due to COVID 19 impacts, Council’s revenue will reduce by an estimated $6 million including $2.7 million in the first quarter of 2020/21.

The $20 million operating surplus projected in the 2020/21 budget is used to fund Council’s Capital program. The $219 million four year capital program will deliver significant improvements in community assets and infrastructure required for the municipality and is being substantially funded from a draw-down of Council’s cash reserves over the next four years.

7. Ms Helen Tachos

Mr Tachos has submitted a further question. The question is regarding Hurlingham Pre-school, and Ms Tachos asks:

As advised by a previous Operations Officer at Hurlingham Kindergarten in East Brighton, please advise when this early learning centre will receive funding for costs such as toys, books, equipment etc. instead of having to fundraise for these items ?


Council does not fund kindergarten operational expenses. Operational expenses are met through government subsidies, parent fees and fundraising. Kindergartens can also apply for state government grants if suitable operational funding opportunities become available.


Page No. 10

8. Mr Neill Wiffin

Mr Neill Wiffin has submitted a question regarding Council’s mid-century modern heritage study, and Mr Wiffin asks:

a) Can Council please provide detail of the actions and activities undertaken to “advocate to the State Government the merits of its methodology”.

b) Can you please advise where in the Planning and Environment Act, 1987 or associated Planning Practice Notes it says that the Councils innovative voluntary scheme is not an appropriate approach to protecting places of heritage significance?


a) Council has met with the Minister for Planning as well as representatives from the Department of Environment, Land, Water and Planning a number of times to discuss the approach Council has taken in relation to Heritage. Council has also written to the Minister for Planning regarding its approach.

b) There is no explicit reference in legislation that prohibits a voluntary nomination approach to heritage. It is however the nature of planning processes and metropolitan strategy that this is not guided by the aspirations of individual land owners, but the achievement of a broader net community benefit. As it relates to heritage, the Heritage Act 2017 seeks the identification and protection of heritage places and objects that are of significance to Victoria and looked after by all levels of Government.

9. Jordan Rogers

Jordan Rogers has submitted a question regarding the environmental impacts of vehicle travel and asks:

a) Does the council acknowledge that electric vehicles are still incredibly damaging to the environment (due to the high environmental cost of lithium mining and the inefficiency of batteries).

b) Subsequently, will Bayside take concrete steps to advocate for improved public transport amenity and efficiency to reduce the impact and prevalence of the City's environmentally untenable single-occupancy car habits?


a) Although there are environmental impacts associated with the production of any vehicle, electric vehicles produce far less greenhouse gas emissions and air pollutants over their life than internal combustion engine (or petrol-based) vehicles. This is particularly true when electric vehicles are operated and produced using renewable or low greenhouse gas emissions-intensive electricity.

b) Council advocates to the State Government for improved public transport access to, within and from Bayside. This is a Strategic Objective of Council’s Integrated Transport Strategy 2018. It is supported by the Public Transport Advocacy Statement, which outlines how Council advocates for deliverable improvements to the public transport system in Bayside.

https://www.bayside.vic.gov.au/sites/default/files/public_transport_advocacy_statement_2016.pdf


Page No. 11

10. Mrs Irene Strogylakis

Ms Irene Strogylakis has submitted a question regarding a heritage report on 38 Grosvenor Street, Brighton, and Mrs Strogylakis asks:

Why did Council engage Bryce Raworth to prepare a second heritage report on 38 Grosvenor Street Brighton when David Helms had already prepared one and how can Council justify this wasted expense?


Council engaged David Helms Heritage Planning P/L to assess and prepare the statement of significance and establish if there was a basis to apply a Heritage Overlay to 38 Grosvenor Street, Brighton. This is a very different purpose to a heritage witness forming an opinion on the demolition the heritage fabric, raising different considerations.

In this context, Council engaged a heritage expert in relation to the VCAT matter to inform the Tribunal about the heritage values of the dwelling and whether the expert could support the demolition or not. Council could have also engaged Mr Helms to prepare that expert statement of evidence, but Council properly elected to engage another heritage witness in order to demonstrate rigour and independence into the process and it is good practice.

11. Mr Frank Pothitos

Mr Frank Pothitos has submitted a question regarding cost associated with Amendment C174 Bays, and Mr Pothitos asks:

How much has the Council spent to date (including but not limited to legal fees and heritage experts noting two have been engaged – David Helms and Bryce Raworth) on the C174 Bays amendment which seeks to make the interim overlay on 38 Grosvenor Street permanent?


In relation to Planning Scheme amendment C174, Council has spent $19,894.18. Of this, $5,077.06 is directly from Planning Panels Victoria as a result of costs for the Directions Hearings to date. A further $3,582.82 has been a direct result of the costs associated with public notice of the planning scheme amendment. The remaining costs are associated with Council’s heritage assessment, legal advice, advocacy fees associated with representation at Directions Hearings and securing an expert witness for the Panel Hearing.


Page No. 12

12. Mr Kevin Spencer

Mr Kevin Spencer has submitted a question regarding Council’s use of signage displaying the message ‘shop local’, and Mr Spencer asks:

Apparently Bayside Council has its own way of creating unacceptable signage such as the ‘Shop Local’ signs in our shopping centres.

a) What was the cost of the signs including labour for their placement.

b) Did the street traders contribute to the cost of this signage.


a) The total cost of the ‘Shop Local’ signs including labour for installation was $6,133.

b) Street traders did not contribute to the cost of the signage.

13. Mr Kevin Spencer

Mr Spencer has submitted a further question. The question is regarding Council’s obligations when giving public notice, and Mr Spencer asks:

The Bayside Leader newspaper has recently been withdrawn from distribution, with council unable to give statutory Public Notices of sales & leases as with annual agreement with the paper, whereas few community members would not have electronic devices or know of any public notice given.

a) Has Council made decisions of late with regard to the necessity to give public notice of the same?

b) Will Council give an explanation as to what it intends to do to overcome this anomaly in its duty to the community and legal responsibility?


a) Council, at its Annual Meeting on 7 November 2019 resolved that the Bayside Leader be nominated as the primary newspaper generally circulating in the City of Bayside for the purpose of the publication of statutory public notices under Sections 189 and 190 of the Local Government Act 1989. However, Council process has also been that it publish these notices in a secondary newspaper in general circulation, being the Age newspaper. Given the Bayside Leader is no longer in printed circulation, it was deemed appropriate to continue to publish public notices in the Age, in addition to publishing on Council’s website.

b) Council has complied with Section 3(1) of the Local Government Act 1989 (definition of public notice), which states that a public notice means “a notice published in a newspaper generally circulating in the municipal district if the Council”.


Page No. 13

7. Petitions to Council

7.1 PETITION TO CONSTRUCT A COVERED STRUCTURE FOR ALL WEATHER AT LANDCOX PARK

Corporate Services - Governance File No: PSF/12/20 – Doc No: DOC/20/171883

Petition from residents requesting Council to construct a covered structure for all weather at Landcox Park (10 petitioners – all Bayside residents).

“We the undersigned hereby petition Bayside City Council to construct a covered structure for all weather at Landcox Park.”

Petition Requirements

The submitted petition containing 10 valid signatures meets the required format of a petition in accordance with Council’s Governance Local Law No: 1 Clause 65.

It is noted that a further 206 names/signatures were submitted; however, these did not meet the format required for a petition.

Moved: Cr del Porto Seconded: Cr Heffernan

That a report be presented to the 18 August 2020 Ordinary Meeting of Council outlining the feasibility and strategic alignment of the proposed shelter for Landcox Park in Brighton East.

CARRIED


Page No. 14

8. Minutes of Advisory Committees

8.1 ASSEMBLY OF COUNCILLORS RECORD


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

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

26 May Strategic Issues Discussion

2 June 2020 Councillor Briefing; and

16 June 2020 Strategic Issues Discussion.

CARRIED


Page No. 15

8.2 MINUTES OF THE AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD ON 18 MAY 2020


Moved: Cr Castelli Seconded: Cr Long

That Council notes the minutes of the Audit & Risk Management Committee meeting held on 18 May 2020.

CARRIED


Page No. 16

9. Reports by Special Committees

9.1 MINUTES OF THE BAYSIDE ARTS BOARD MEETING HELD ON 3 JUNE 2020


Moved: Cr Long Seconded: Cr del Porto

That Council notes the minutes of the Bayside Arts Board meeting held on 3 June 2020.

CARRIED


Page No. 17

10. Reports by the Organisation

REQUESTS TO BE HEARD: In accordance with the resolution at the March 2020 Ordinary Meeting of Council, temporary meeting procedures with regard to requests to be heard are in place:

Where a person has formally made a submission in relation to an item on the agenda, the submission will be provided to all councillors in advance of the meeting.

A member of Council staff will advise the meeting of the number of submissions received to a particular item. The submissions will not be read out at the meeting.

The names of the submitters will be recorded in the minutes of the meeting.

The following individuals made submissions to the meeting:

Item 10.1 Protection of Heritage properties in Bayside

1. Ms Annie Price

2. Ms Jackie Fish

3. Mr Jamie Paterson

4. Mrs Louisa Cust

5. Mr Peter Maddison

6. Mr Max Nankervis

7. Ms Amanda Jones

8. Mr David Conomy

9. Miss Keara Foley

10. Ms Caroline Shepard

11. Mrs Karen Chaur

12. Mr Michael Stroh

13. Ms Wendy Baneth

14. Miss Dorothy Paterson

15. Ms Joanne Pritchard

16. Mrs Laura Beilby

17. Mrs Fiona Austin

18. Mrs Margot Kirke

19. Mr Marcus Harvey

20. Mrs Catherine Harvey

21. Mr Neill Wiffin

22. Ms Anne Conomu

23. Ms Sally O’Gorman

24. Ms Sally Harrop

25. Mrs Fiona Marshall

26. Mr Matt Marshall

27. Mrs Melanie & Mr Mark Jarman

28. Ms Madeleine O’Gorman

29. Mr John Grant


Page No. 18

30. Mr Frank Pothitos

31. Mr Peter Shepard

32. Mrs Marian Woolf

33. Dr Olivia Abbay

34. Mr Peter Corfield

35. Ms Lindy Alcorn

36. Mr Anthony Mittelmark

37. Ms Marise Droege

38. Dr Zena Burgess (on behalf of Margaret Burgess)

39. Mr Simon Ambrose

40. Mr Mark Laidlaw

41. Mr Brian Bainbridge

42. Mr Grant Coultman-Smith

43. Mrs Gabrielle Mills

44. Mrs Heather McKenna

45. Mrs Allison Smith

46. Mr Michael Kazoglou

47. Mr Ashley del Corral

48. Ms Sandra Collins

49. Ms Dianna Rankine

50. Mrs Sonia Holland

51. Miss Charlotte Wiffin

52. Mr Kris Larsen

53. Mr Kim & Mrs Karen Hetherington

54. Mrs Jill Pharo

55. Mrs Sandra Priolo

56. Mrs Elizabeth Helmerson

57. Mr Terry Black

58. Dr Shirley & Dr Peter Prager

59. Mrs Daniella & Mr Oliver Mayger

60. Mr Michael & Mrs Linda Vergura

61. Mr Peter Grimm

62. Mr Peter Bainbridge

63. Mr Franz Bird

64. Mrs Rhonda Corfield

65. Mr Paul Larsen

66. Mrs Mary Larsen

67. Dr Kristian Helmerson

68. Mr Ian Larsen

69. Mr Brad Rowswell M.P.

70. Anonymous submission

71. Mr Peter Carmichael

72. Mrs Ineke Carmichael


Page No. 19

Item 10.2 Neighbourhood Character Review 2019 - Project Update and Next

Steps

1. Mrs Fiona Austin

2. Mr Robert Harwood

Item 10.6 Response to Notice of Motion - 294 - Proposed Roundabout

Upgrade and Pedestrian Crossing At The Corner of Church/St

Andrews Streets, Brighton

1. Mr Kieran Cromie


Page No. 20

10.1 PROTECTION OF HERITAGE PROPERTIES IN BAYSIDE

City Planning & Amenity - Urban Strategy File No: PSF/20/17 – Doc No: DOC/20/153082

It is recorded that Ms Annie Price, Ms Jackie Fish, Mr Jamie Paterson, Mrs Louisa Cust, Mr Peter Maddison, Mr Max Nankervis, Ms Amanda Jones, Mr David Conomy, Miss Keara Foley, Ms Caroline Shepard, Mrs Karen Chaur, Mr Michael Stroh, Ms Wendy Baneth, Miss Dorothy Paterson, Ms Joanne Pritchard, Mrs Laura Beilby, Mrs Fiona Austin, Mrs Margot Kirke, Mr Marcus Harvey, Mrs Catherine Harvey, Mr Neill Wiffin, Ms Anne Conomu, Ms Sally O’Gorman, Ms Sally Harrop, Mrs Fiona Marshall, Mr Matt Marshall, Mrs Melanie & Mr Mark Jarman, Ms Madeleine O’Gorman, Mr John Grant, Mr Frank Pothitos, Mr Peter Shepard, Mrs Marian Woolf, Dr Olivia Abbay, Mr Peter Corfield, Ms Lindy Alcorn, Mr Anthony Mittelmark, Ms Marise Droege, Dr Zena Burgess (on behalf of Margaret Burgess), Mr Simon Ambrose, Mr Mark Laidlaw, Mr Brian Bainbridge, Mr Grant Coultman-Smith, Mrs Gabrielle Mills, Mrs Heather McKenna, Mrs Allison Smith, Mr Michael Kazoglou, Mr Ashley del Corral, Ms Sandra Collins, Ms Dianna Rankine, Mrs Sonia Holland, Miss Charlotte Wiffin, Mr Kris Larsen, Mr Kim & Mrs Karen Hetherington, Mrs Jill Pharo, Mrs Sandra Priolo, Mrs Elizabeth Helmerson, Mr Terry Black, Dr Shirley & Dr Peter Prager, Mrs Daniella & Mr Oliver Mayger, Mr Michael & Mrs Linda Vergura, Mr Peter Grimm, Mr Peter Bainbridge, Mr Franz Bird, Mrs Rhonda Corfield, Mr Paul Larsen, Mrs Mary Larsen, Dr Kristian Helmerson, Mr Ian Larsen, Mr Brad Rowswell M.P., Anonymous, Mr Peter Carmichael, and Mrs Ineke Carmichael each made a submission in relation to this item.

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

That Council:

1. Adopts the revised Heritage Action Plan 2020 (Attachment 2 to the report), which sets

out a holistic approach to assessing and managing heritage, including: a. Prioritisation of the Mid-Century Modern Heritage Study to commence in

2020/21 to be funded via savings from the operational budget; and b. Prioritisation of the Inter-War and Post-War Heritage Study to commence in

2021/22. 2. Continues with an option for a voluntary nomination process where land owners self-

nominate their properties for assessment as part of the preparation of future heritage studies.

3. Writes to the Minister for Planning to inform him of Council’s decision and request that additional funding be provided to assist in the preparation of the studies requested by the Minister in his letter.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Laurence Evans, Michael Heffernan, Clarke Martin (Mayor)

and Rob Grinter (Deputy Mayor) (4) AGAINST: Crs Alex del Porto, James Long and Sonia Castelli (3)

CARRIED


Page No. 21

10.2 NEIGHBOURHOOD CHARACTER REVIEW 2019 - PROJECT UPDATE AND NEXT STEPS


It is recorded that Mrs Fiona Austin and Mr Robert Harwood each made a submission in relation to this item.

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

That Council notes the update on the Neighbourhood Character Review project, and ensures that key stakeholders and community groups including the Beaumaris Conservation Society and Mid-Century Modern amongst others in the formal engagement phase.

CARRIED


Page No. 22

10.3 UPDATE ON TRANSLATION TO NEW FORMAT PLANNING SCHEME


Moved: Cr del Porto Seconded: Cr Evans

That Council notes the report and receives a further report with the final new format Planning Scheme at or before the 18 August 2020 Ordinary Meeting of Council.

CARRIED


Page No. 23

10.4 SUBMISSIONS TO STATE GOVERNMENT PROPOSED CHANGES TO PLANNING SCHEMES


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

That Council endorses the submissions made by officers regarding:

1. Proposed changes to the planning legislation relating to potentially contaminated land.

2. Proposed changes in relation to planning controls for non-government schools.

CARRIED


Page No. 24

10.5 HYDROTHERAPY/WARM WATER POOL FEASIBILITY STUDY

Environment, Recreation & Infrastructure - Open Space, Recreation & Wellbeing File No: PSF/20/18 – Doc No: DOC/20/159532

It is recorded that the Cr Evans declared an indirect interest because of conflicting duties in this item.

Cr Evans left the Meeting at 8:12pm prior to the discussion and consideration of this item.


That Council:

1. Notes the Warm Water/Hydrotherapy Pool Feasibility Study as set out in Attachment 1

to the report.

2. Commences detailed investigation into possible commercial partnerships to develop a

warm water pool at the preferred locations.

3. Receives a future report detailing the outcomes of investigations into possible

commercial partnerships to develop a warm water pool facility in Bayside.

4. Considers the outcomes of the Sandringham Family Leisure Centre Feasibility Study at

the September 2020 Council Meeting.

5. Notifies the lead petitioner for a hydrotherapy/warm water pool in Bayside of the

outcomes of the report.

CARRIED

It is further recorded that Cr Evans was not present in the Chamber whilst the discussion and vote was taken on the above matter. It is recorded that Cr Evans returned to the Meeting at 8:14pm.


Page No. 25

10.6 RESPONSE TO NOTICE OF MOTION - 294 - PROPOSED ROUNDABOUT UPGRADE AND PEDESTRIAN CROSSING AT THE CORNER OF CHURCH/ST ANDREWS STREETS, BRIGHTON

Environment, Recreation & Infrastructure - Sustainability & Transport File No: PSF/20/16 – Doc No: DOC/20/159798

It is recorded that Mr Keiran Cromie made a submission in relation to this item.


That Council:

1. Prioritises the installation of at-grade pedestrian crossings at the intersection of Church and St Andrews Streets roundabout as per Council’s design solution included within Attachment 2, with works taking 3-4 weeks commencing before September 2020, in order to retain the $175,000 Safe Travel in Local Streets contribution.

2. Notes the 3-4 week construction duration and the implications on the local economy associated with the installation of at-grade pedestrian crossings at this roundabout.

3. Minimises disruption to traders, shoppers, and visitors, with the construction works to commence as soon as possible, and works to occur on weekends to 9pm at night as well as Monday to Friday.

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

10.7 PUBLIC PARTICIPATION AT COUNCIL AND COMMITTEE MEETINGS


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

That Council:

1. In order to comply with its requirements pursuant to Section 223 of the Local Government Act 1989, undertakes that Special Committee of Council hearings are to be conducted remotely with participation restricted to members of the public who have made a submission to items on the Agenda and registered to be heard in support of their submission, with these meetings to be live-streamed on Council’s website.

2. Makes no further changes at this time to the temporary meeting procedures enacted at the March 2020 Ordinary Meeting of Council and defers further consideration of this matter to the July 2020 Ordinary Meeting of Council.

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. 27

10.8 RE-APPOINTMENT OF BAYSIDE ARTS BOARD MEMBERS



That Council reappoints Ms Tiziana Borghese and Ms Angelina Beninati for a further term of one year to conclude on 31 August 2021.

CARRIED


Page No. 28

10.9 AUDIT & RISK MANAGEMENT COMMITTEE - APPOINTMENT OF EXTERNAL INDEPENDENT MEMBER


Moved: Cr Castelli Seconded: Cr del Porto

That Council reappoints Mr Mick Ulbrick as an external independent member of the Audit and Risk Management Committee for a period of 6 months effective from 1 October 2020 to conclude on 31 March 2021.

CARRIED NOTE: Item 10.9 was CARRIED as part of a block motion.


Page No. 29

10.10 LOCAL ECONOMY RECOVERY, EXTENDED SUPPORT TO SMALL BUSINESSES IN RESPONSE TO COVID-19



That Council:

1. Implements the following fee waivers to support Bayside’s Local Economy Recovery in response to the COVID-19 economic impact on small businesses:

a) Provide a 6 month (50%) waiver for the 20/21 financial year of

i) fees for Food Act registrations

ii) fees for Health Act registrations

iii) Street Trading permits.

2. Continues to review the impact of COVID-19 on Bayside’s Local Economy and small businesses and adjust its response as required.

CARRIED


Page No. 30

10.11 COVID-19 RENT AND BUILDING INSURANCE PREMIUM RELIEF FOR DESIGNATED COMMUNITY TENANTS AND AMENDMENT TO FINANCIAL DELEGATIONS FOR ALL RENT RELIEF

Corporate Services - Commercial Services File No: PSF/20/7 – Doc No: DOC/20/159484


That Council:

1. Resolves that those Community Tenants and Licensees as listed in Attachment 1 to the report be provided with a 12 month waiver of rent and buildings insurance premiums for the period from 29 March 2020 to 28 March 2021 (inclusive).

2. Authorises the Director Corporate Services, or her delegate, to execute all deeds and relevant documents as they relate to point 1, which:

a) for eligible tenants listed in Attachment 1, will provide for the waiver of rent and building insurance premiums; and

b) for eligible tenants listed in Attachment 2, may provide for the waiver or deferral of rent, the waiver of any outgoings or other expense, the extension of the term of the lease or licence, or a freeze on rental increases, as may be required by the Regulations.



Page No. 31

10.12 EVENTS IN PUBLIC PLACES POLICY 2020

Environment, Recreation & Infrastructure - Open Space, Recreation & Well Being File No: PSF/20/18 – Doc No: DOC/20/150643


That Council adopts the new Events in Public Places Policy 2020 as set out in Attachment 1, including the implementation of the new Sustainable Event Guidelines as set out in Attachment 2 to the report.



Page No. 32

10.13 PROCUREMENT POLICY - ANNUAL REVIEW

Corporate Services - Commercial Services File No: PSF/20/7 – Doc No: DOC/20/158134


That Council adopts the Procurement Policy 2020.



Page No. 33

10.14 COUNCIL ACTION AWAITING REPORT



That Council notes the Council Action Awaiting Report.



Page No. 34

It is recorded that Cr Grinter left the Chamber 8:49pm.

11. Reports by Delegates

1. Association of Bayside Municipalities – Cr Laurence Evans indicated that the ABM has not met since the previous meeting.

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

3. Metropolitan Transport Forum – The Director Environment, Recreation & Infrastructure reported a meeting was held on 3 June 2020. Items for discussion included:

Commuter Cycling A presentation by Lord Mayor, Sally Capp was provided on the City of Melbourne’s ideas and initiatives facilitate pop-up cycle lanes, freeing up parking space and the possible acceleration of cycling infrastructure in existing plans as well as messaging and advocacy. The City of Melbourne have now announced publicly their plans for 40 kms of additional bike lanes.

MAV Approach to COVID-19 Cr Coral Ross, MAV President provided a presentation on the MAV approach to COVID-19 and also the ALGA Amy Gillett motion on federal funding of pop up cycling projects.

MTF Advocacy during COVID-19 The following advocacy approach during COVID-19 was agreed: Action #1 The MTF is calling on all member councils to ask their COVID-19 response committee of council to urgently consider the transport implications of the virus for their community.

This will be particularly relevant when the State recommendation to work from home is eventually lifted. This will prompt a new set of mobility challenges for literally millions of people: PT or not PT? Drive, cycle or walk? Continue to work from home full or part time?

Action #2 Councils inform their state MPs of the local implications of COVID-19 on transport. Obviously, the tone of this is up to each council, but it could range from FYI to say that council is concerned about the impactions of COVID-19 on transport through to seeking a briefing to discuss state co-operation on local projects – and every point between. The important message to the State via the local MPs is that councils and communities have now turned their attention to serious and concerning transport issues in the COVID-19 times.


Page No. 35

MTF will itself write to all metropolitan state MPs to let them know that local government has turned its attention to transport post COVID-19, especially active transport options.

Action #3 Councils should reach out to adjoining councils and relevant authorities to discuss immediate and short-term actions on COVID transport issues. This could range from information sharing to requests for co-operation on specific projects. Working with allies like MCC, MTF will facilitate working groups and connections to do this on an ad hoc basis.

Action #4 Use council social media to discuss and advocate for transport solutions in COVID-19 times. It’s always good to have a message that all MTF members can adopt. In this case a valuable community message about the COVID-19 legacy will be something like this: If you cycled or walked more during lockdown (as many did), keep it up. Say bravo, keep it going. Use the social media to ask how the council can help people keep being active as the restrictions lift.

4. Municipal Association of Victoria – Cr Alex del Porto indicated that the MAV State Council meeting scheduled for May was postponed due to COVID-19.

5. Inner South Metropolitan Mayors’ Forum – The Mayor Cr Clarke Martin indicated that the Forum has not met since the previous meeting.

6. Metropolitan Local Government Waste Forum – The Mayor Cr Clarke Martin reported that the Forum was held last week. A number of presentations were made regarding the transition from the Waste Forum to the new Authority.

Moved: Cr del Porto Seconded: Cr Castelli

That the Reports by Delegates be received and noted.

CARRIED

It is recorded that Cr Grinter returned to the Chamber at 8:50pm.

12. Urgent Business

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


Page No. 36

13. Notices of Motion

13.1 NOTICE OF MOTION - 295 - HURLINGHAM PARK TENNIS CLUBHOUSE



That Council fund the replacement of the Hurlingham Park tennis clubhouse structural floor

up to an amount of $42,000 from Council, and noting that the Hurlingham Park Tennis

Club will make a contribution of $5,000 to replace the flooring due to termite infestation.

Council’s funding to be provided from minor building renewals within the 2020/21 Capital

Works Budget.

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

Castelli (4) AGAINST: Crs Laurence Evans, Clarke Martin (Mayor) and Rob Grinter (Deputy Mayor) (3)

CARRIED


Page No. 37

13.2 NOTICE OF MOTION - 296 - PROTECTED BICYCLE LANES IN BAYSIDE


Moved: Cr del Porto Seconded: Cr Castelli

That Council receive a report at the February 2021 Ordinary Meeting of Council on the

feasibility, cost-benefit, suitability, possible locations and community support for protected

bicycle lanes in the Bayside City Council municipality.

CARRIED


Page No. 38

13.3 NOTICE OF MOTION - 297 - FEASIBILITY FOR RESTORATION OF THE HAMPTON HILL MURAL


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

That Council receives a report at the August 2020 Ordinary Meeting of Council on the

history, feasibility, level of support from the building owners and costs to restore the

Hampton Hill Mural located above 464 to 476 Hampton Street, Hampton.

CARRIED

Procedural Motion

Moved Cr Evans Seconded Cr Heffernan

That Cr Grinter take the Chair for the consideration of item 13.3.

CARRIED


Page No. 39

13.4 NOTICE OF MOTION - 298 - INTERIM GREENHOUSE GAS EMISSIONS REDUCTION TARGETS


Procedural Motion

Moved Cr Evans Cr Heffernan

That the Mayor Cr Martin be granted leave to amend his Notice of Motion.

CARRIED

Moved: Cr Martin (Mayor) Seconded: Cr Evans

That Council writes to the Victorian Government supporting strong interim greenhouse gas emissions reduction targets of at least 44% by 2025 and greater than 65% by 2030, in line with the Climate Emergency and advocacy from the South East Councils Climate Change Alliance (SECCCA).

CARRIED

Procedural Motion

Moved Cr del Porto Seconded Cr Castelli

That the Mayor Cr Martin resume the Chair for the remainder of the meeting.

CARRIED


Page No. 40

14. Confidential Business


That pursuant to Sections 66 (2)(a) of the Local Government Act 2020 (the Act), Council resolves that so much of this meeting be closed to members of the public, as it involves consideration of confidential matters in accordance with Section 3(1)(g) of the Act.

CARRIED

Table of Contents

14.1 FINANCIAL SUPPORT FOR COUNCIL TENANT

(Local Government Act 2020) - 3 Definitions (1) In this Act— … confidential information means the following information— … (g) private commercial information, being information provided by a business, commercial or financial undertaking that—

(i) relates to trade secrets; or (ii) if released, would unreasonably expose the business, commercial or

financial undertaking to disadvantage;

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

Following consideration of Confidential Business, the Chairperson declared the meeting closed at 9:54pm.

minutes of ordinary council meeting - 23 00 2020 - vic · bayside city council ordinary council...

Documents