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Minutes Ordinary Meeting of Council Monday, 14th December 2015

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Minutes Ordinary Meeting of Council

Monday, 14th December 2015

City of Kingston Ordinary Meeting of Council

Minutes 14 December 2015

2

Table of Contents

1. Apologies ......................................................................................................... 3

2. Confirmation of Minutes of Previous Meetings ................................................ 3

3. Foreshadowed Declaration by Councillors, Officers or Contractors of any Conflict of Interest ................................................................................. 3

[Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.]

4. Petitions ........................................................................................................... 3

5. Presentation of Awards .................................................................................... 4

6. Reports from Delegates Appointed by Council to Various Organisations ................................................................................................... 4

7. Question Time .................................................................................................. 4

8. Planning and Development Reports ................................................................. 4

9. Community Sustainability Reports .................................................................. 10

10. City Assets and Environment Reports ............................................................ 11

11. Corporate Services Reports ........................................................................... 16

12. Notices of Motion ........................................................................................... 19

13. Urgent Business ............................................................................................. 23

14. Confidential Items .......................................................................................... 24

City of Kingston Ordinary Meeting of Council

Minutes 14 December 2015

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The meeting commenced at 7.02pm in the Council Chamber, 1230 Nepean Highway, Cheltenham.

Present: Cr Tamsin Bearsley (Mayor) Cr Tamara Barth

Cr Ron Brownlees OAM Cr David Eden

Cr Geoff Gledhill Cr Paul Peulich Cr John Ronke (attended the meeting at 7.05pm) Cr Steve Staikos Cr Rosemary West OAM (attended the meeting at 7.04pm)

In Attendance: John Nevins, Chief Executive Officer

Mauro Bolin, General Manager Community Sustainability Paul Franklin, General Manager Corporate Services Daniel Freer, General Manager City Assets and Environment Jonathan Guttmann, General Manager Planning and Development Phil De Losa, Program Leader Governance Joanne Creedon, Governance Officer Gabrielle Pattenden, Governance Administration Officer Tracey Cheeseman, Media Advisor

1. Apologies

There were no apologies submitted to the meeting.

Cr West attended the meeting at 7.04pm

2. Confirmation of Minutes of Previous Meetings

Moved: Cr Gledhill Seconded: Cr Brownlees

That the Minutes of the Ordinary Meeting of Council held on 23 November 2015 be confirmed.

CARRIED

3. Foreshadowed Declaration by Councillors, Officers or Contractors of any Conflict of Interest Cr Bearsley foreshadowed an indirect conflict of interest in Item 14.1 – Australia Day Nominations 2016. Cr Eden foreshadowed an indirect conflict of interest in Item 10.6 – Pompei’s Landing Licenses.

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4. Petitions

4.1 Planning Application, KP 336/2015 - 11 Mentone Parade, Mentone Cr Ronke attended the meeting at 7.05pm Moved: Cr Brownlees Seconded: Cr Gledhill

That the joint letter be referred to the CEO and the Manager of City Development for response and be considered in line with planning matter KP336/22015.

CARRIED

5. Presentation of Awards Presentation to Council by Mr Sandy Kouroupidis, Executive Officer Faith Communities Council of Victoria. Mr Kouroupidis presented an Indigenous Message Stick to the Mayor and Councillors in recognition of Kingston’s contribution to Victorian multifaith communities and for the hosting of the 2015 Interfaith Network Conference. Carmel Hogan – Certificate of Appreciation for services to the City of Kingston.

The Mayor congratulated Mrs Hogan on her 20 years of service and volunteering at Kingston’s Libraries and thanked her for her contribution to the Kingston community.

6. Reports from Delegates Appointed by Council to Various Organisations

Cr West presented a report from the Inter Council Aboriginal Consultative Committee. Moved: Cr Eden Seconded: Cr Brownlees

That the report from Cr West be received. CARRIED

7. Question Time

No questions were submitted to the meeting.

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Block Resolution Moved: Cr Staikos Seconded: Cr Brownlees

That the following items be block resolved and that the recommendations in each item be adopted:

8.3 Review of Chelsea Trader Parking Permit Scheme

8.4 South East Melbourne Manufacturers Expo - May 2016

8.6 Draft Metropolitan Waste and Resource Recovery Implementation Plan

8.7 KP02/277 - 683-687 Clayton Road Clayton South - Council's position for Hearing

9.1 Community Grants Program 2015-2016 - Irregular Grant Application

10.1 Kingston City Hall Mosaic Mural

10.5 Oakes Avenue, Clayton South (Milton Avenue to Browning Avenue) - Wordsworth Avenue, Clayton South (Oakes Avenue to Haughton Road) Road Reconstructions

10.7 Ben Kavanagh Reserve Pavilion (HA Droop) Redevelopment - Funding Options

10.8 Award of Contract 15/88 - Bicentennial Skate Park and Active Youth Space

10.9 Parking Management Policy

11.1 Provision of Catering Services - Contract 15/102

11.2 Appointment of Councillors to Committees, Networks and External Agencies and Organisations for 2016

11.3 Assembly of Councillors Record Report

11.4 Councillor Support and Reimbursement of Expenses Policy Review

11.5 Local Government General Elections 2016

11.6 Quick Response Grants CARRIED

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8. Planning and Development Reports 8.1 Proposed Hawthorn Football Club Training and Administration Facility

Moved: Cr Peulich Seconded: Cr Barth

That Council resolve that:

1. Subject to final refinement of the proposed incorporated document Council request authorisation from the Minister for Planning to prepare Amendment C161 to the Kingston Planning Scheme to:

a. Amend the schedules to clauses 52.03 and 81.01 of the Kingston Planning Scheme to insert an Incorporated Document titled “Hawthorn Football Club Training and Administration Facility - Tootal Road, Dingley Village”

2. Exhibit Amendment C161 to the Kingston Planning Scheme in accordance with the Planning and Environment Act 1987 should authorisation be granted by the Minister for Planning to prepare the amendment.

Amendment

Moved: Cr West

That Council resolve that:

1. Subject to final refinement of the proposed incorporated document Council request authorisation from the Minister for Planning to prepare Amendment C161 to the Kingston Planning Scheme to amend the schedules to clauses 52.03 and 81.01 of the Kingston Planning Scheme to insert an Incorporated Document titled “Hawthorn Football Club Training and Administration Facility - Tootal Road, Dingley Village” provided the amendment nominates – prior to exhibition - a reasonable patron capacity and reasonable conditions for the signs where they contravene established policy e.g.;

To ensure that no major promotional signage is established along Tootal Road.

To ensure that minimal advertising signage (aside from Business Identification Signage) is to be visible from outside the site.

2. Exhibit Amendment C161 to the Kingston Planning Scheme in accordance with the Planning and Environment Act 1987 should authorisation be granted by the Minister for Planning to prepare the amendment.

Lapsed for the want of a seconder

The Substantive Motion was put and CARRIED A Division was Called:

DIVISION:

FOR: Crs Ronke, Brownlees, Peulich, Staikos, West, Barth, Gledhill, Eden and Bearsley (9)

AGAINST: Nil (0)

CARRIED

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8.2 Submission to Plan Melbourne Refresh

Moved: Cr Peulich Seconded: Cr Brownlees

That Council submit the letter at Appendix 1 as Council’s submission in relation to the Plan Melbourne Refresh Discussion Paper subject to:

The deletion of dot point 3 under the heading ‘Application of the New Residential Zones’.

The deletion of the dot points under the heading ‘Affordable Housing’.

Further that Officers report on the activities of Council with respect to the affordable housing in 2016, and that the submission be made by the Mayor.

LOST

A Division was Called:

DIVISION:

FOR: Crs Brownlees and Peulich (2)

AGAINST: Crs Ronke, Staikos, West, Barth, Gledhill, Eden and Bearsley (7)

LOST

Moved: Cr Staikos Seconded: Cr Ronke

That Council submit the letter at Appendix 1 as Council’s submission in relation to the Plan Melbourne Refresh Discussion Paper.

CARRIED

A Division was Called:

DIVISION:

FOR: Crs Ronke, Brownlees, Staikos, West, Barth, Gledhill, Eden and Bearsley (8)

AGAINST: Cr Peulich (1)

CARRIED

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8.3 Review of Chelsea Trader Parking Permit Scheme

RECOMMENDATION

That Council:

1. Receive the information and note the feedback from traders.

2. Resolve to continue the Chelsea Trader Parking Permit Scheme.

3. Set the price for trader permits at $220 when next reviewed for Cheltenham, Mordialloc and Chelsea.

4. Maintain the current allocation of eighty (80) permits and review the allocation from four to three per business if demand continues to allow a greater range of businesses to obtain access to permits.

Note: Refer to page 5 of the minutes where this item was block resolved.

8.4 South East Melbourne Manufacturers Expo - May 2016

RECOMMENDATION

That Council:

1. Resolve to be an active partner in the conduct of a South East Melbourne Super Manufacturing Event and advise the organising committee of this decision.

2. Negotiate with the organising committee an appropriate sponsorship amount to a maximum value of $25,000 including the provision of significant in kind officer support.

Note: Refer to page 5 of the minutes where this item was block resolved.

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8.5 Response to Notice of Motion 45/2014 - Neighbourhood Character

Cr Peulich declared an indirect conflict of interest in Item 8.5 and left the room at 8.05pm prior to any discussion on the item.

Moved: Cr Brownlees Seconded: Cr Gledhill

That Council:

1. Receive the information in response to Notice of Motion 45/2014 and Council’s resolution as per item 4 of 23 February 2015 Ordinary Council Meeting.

2. Consider the outcomes of the Plan Melbourne Refresh and Managing Residential Development Advisory Committee before determining whether to proceed with any of the options presented in this report.

3. Receive a further officer report once the outcomes of the Plan Melbourne Refresh and Managing Residential Development Advisory Committee processes are known.

Amendment:

Moved: Cr West Seconded: Cr Staikos

That Council:

1. Receive the information in response to Notice of Motion 45/2014 and Council’s resolution as per item 4 of 23 February 2015 Ordinary Council Meeting.

2. Consider any impending statements by the Minister with regard to the Plan

Melbourne Refresh and Managing Residential Development Advisory Committee

before determining which of the options presented in this report to proceed.

3. Receive a further officer report once the outcomes of the Plan Melbourne Refresh and Managing Residential Development Advisory Committee processes are known.

The Amendment was put and CARRIED The Amendment became the Motion

The Motion was put and LOST on the casting vote of the Mayor

A Division was Called:

DIVISION:

FOR: Crs Staikos, West, Eden and Barth (4)

AGAINST: Crs Ronke, Brownlees, Gledhill and Bearsley (4)

LOST on the casting vote of the Mayor

Procedural Motion Moved: Cr Brownlees Seconded: Cr West

That consideration of this item be deferred until the February Ordinary Meeting of Council.

CARRIED

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Cr Peulich returned to the meeting at 8.33pm

8.6 Draft Metropolitan Waste and Resource Recovery Implementation Plan

RECOMMENDATION

That Council provide a submission in accordance with Appendix 1 of this report. Note: Refer to page 5 of the minutes where this item was block resolved.

8.7 KP02/277 - 683-687 Clayton Road Clayton South - Council's position for Hearing

RECOMMENDATION

That Council:

1. Receive the information; and

2. Resolve to not support the amendment application extending the use of the land for a further 15 years for the reasons outlined in this report.

Note: Refer to page 5 of the minutes where this item was block resolved.

9. Community Sustainability Reports

9.1 Community Grants Program 2015-2016 - Irregular Grant Application

RECOMMENDATION

That Council approves the Irregular Grants funding allocation of $900 to Let’s Connect for social activities and events. Note: Refer to page 5 of the minutes where this item was block resolved.

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9.2 Award of Contract 15-49 - Construction of Westall Hub

Moved: Cr Staikos Seconded: Cr Brownlees

That Council:

1. Receive the information.

2. Award Contract 15/49 – Construction of Westall Hub for the adjusted lump sum price of $7,611,265.00 (exclusive of GST), to DURA Constructions Pty Ltd.

3. Note the breakdown of the total anticipated project expenditure, as contained within confidential Appendix 2 of this report, which includes a separate contingency allowance to be expended by the Manager Community Buildings, as required to expedite the contract.

CARRIED

A Division was Called:

DIVISION:

FOR: Crs Ronke, Brownlees, Peulich, Staikos, West, Barth, Gledhill, Eden and Bearsley (9)

AGAINST: Nil (0)

CARRIED

9.3 Southern Autistic School Funding Request 2015

Cr Staikos left the meeting at 8.46pm

Cr Staikos returned to the meeting at 8.47pm

Moved: Cr Gledhill Seconded: Cr Brownlees

That Council resolves to:

1. Contribute $10,000 to SAS for the purposes of installing OLS, subject to the success of their application for $200,000 from the Department of Education and Training's ISF; and

2. Further support SAS by writing to other local governments that are captured in the school’s catchment area for financial contribution.

3. That Council advocate to the Department to be able to fully fund such initiatives in the future.

CARRIED

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10. City Assets and Environment Reports

10.1 Kingston City Hall Mosaic Mural

RECOMMENDATION

1. That Council approve the Arts and Cultural Advisory Committee’s recommendation to re-locate the mosaic mural on the exterior wall of Kingston City Hall in the courtyard between the Hall and Kingston Arts Centre;

2. That the Arts and Cultural Advisory Committee scope site options for the mural to be relocated; and

3. That the cooling off period be reduced from six months to three months.

Note: Refer to page 5 of the minutes where this item was block resolved. 10.2 Kingston City Hall Capital Works

Cr Barth left the meeting at 8.55pm

Moved: Cr Staikos Seconded: Cr Brownlees

That Council endorse the completion of the proposed scope of works for internal works only with the balance being considered by a further report in early 2016. Procedural Motion Moved: Cr Brownlees Seconded: Cr Peulich That the Motion lay on the table.

CARRIED

10.3 Inner Harbour Public Jetty Proposal

Moved: Cr Eden Seconded: Cr Ronke

That Council:

1. Support, in principle, the establishment of an independent community based committee to oversee the operation of the public access jetty and to manage the long term maintenance and upkeep of the jetty and ramps;

2. Offer to provide a Council representative on the Committee;

3. Suggest that the independent community based committee seek membership from Parks Victoria and Melbourne Water;

4. Authorise the Chief Executive Officer or his representative to negotiate the terms and conditions of the project funding agreement in accordance with above.

CARRIED

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A Division was Called:

DIVISION:

FOR: Crs Ronke, Staikos, West, Gledhill, Eden and Bearsley (6)

AGAINST: Cr Brownlees (1)

ABSTAINED: Cr Peulich (1)

CARRIED 10.4 Sports Lighting Update and Budgetary Impacts

Cr West left the meeting at 9.23pm

Moved: Cr Eden Seconded: Cr Brownlees

That Council:

1. Receive the information;

2. Replace all light poles that have been removed by reallocating identified savings from Council’s 2015/16 Operational Budget ($506,000) as set out in Option 3.4.2; and

3. Authorise officers to undertake the necessary steps to engage appropriate contractors and to commence replacement works.

4. Request a report that outlines the costs and requirements of an upgrade of the Bonbeach Reserve sport ground lighting.

CARRIED

10.5 Oakes Avenue, Clayton South (Milton Avenue to Browning Avenue) - Wordsworth Avenue, Clayton South (Oakes Avenue to Haughton Road) Road Reconstructions

RECOMMENDATION

That Council:

1. Receive the information;

2. Award Contract No. 15/98 – Oakes Avenue, Clayton South (Milton Avenue to Browning Avenue) Wordsworth Avenue, Clayton South (Oakes Avenue to Haughton Road) Road Reconstructions on a Lump Sum basis to PRESTA & SONS PTY LTD for the tendered price of $764,000 (exclusive of GST); and

3. Approve a Contingency Allowance of $76,400.00 (exclusive of GST) (10% of contract sum) from within the allocated 2015/16 budgeted project resources to cover unexpected financial variations.

Note: Refer to page 5 of the minutes where this item was block resolved.

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10.6 Pompei's Landing Licences

Cr West returned to the meeting at 9.25pm.

Cr Eden declared an indirect conflict of interest due to close association in this item and left the meeting at 9.25pm prior to any discussion on the item.

Cr Peulich left the meeting at 9.25pm

Cr Peulich returned to the meeting at 9.29pm

Cr Barth returned to the meeting at 9.29pm

Moved: Cr Brownlees Seconded: Cr Gledhill

That Council:

1. Following receipt of Grant and Purpose from the Crown offers a 3 year Licence to Pompei’s Marine Pty Ltd for that part of the Crown Reserve shown on attachment 1.

That the Licence offer be open for acceptance for a period of 30 days.

That in the event that :

The grant and purpose is refused by the Crown;

OR

The offer for the Licence is not accepted;

The CEO prepare a report for Council’s consideration if the grant and purpose is refused by the Crown or the offer for the Licence is not accepted.

2. Following receipt of Grant and Purpose from the Crown offers a 3 year Licence

to the Mordialloc Boating and Angling Club Inc. for that part of the Crown Reserve shown on attachment 2.

That the Licence offer be open for acceptance for a period of 30 days.

That in the event that :

Grant and purpose is refused by the Crown;

OR

The offer for the Licence is not accepted;

The CEO prepare a report for Council’s consideration if the grant and purpose is refused by the Crown or the offer for the Licence is not accepted.

Procedural Motion Moved: Cr West Seconded Cr Staikos That consideration of this item be deferred until Council has obtained grant and purpose from the Crown.

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Procedural Motion Moved: Cr Ronke Seconded: Cr Gledhill

That the Motion be put.

CARRIED

The Procedural Motion to defer was put and LOST

A Division was Called:

DIVISION:

FOR: Cr West (1)

AGAINST: Crs Ronke, Brownlees, Gledhill and Bearsley (4)

ABSTAINED: Crs Peulich, Staikos and Barth (3)

LOST

The Substantive Motion was put and CARRIED

A Division was Called:

DIVISION:

FOR: Crs Ronke, Brownlees, Gledhill and Bearsley (4)

AGAINST: Cr West (1)

ABSTAINED: Crs Peulich, Staikos and Barth (3)

CARRIED

10.7 Ben Kavanagh Reserve Pavilion (HA Droop) Redevelopment - Funding Options

RECOMMENDATION

That:

1. Council endorse Option 2 – Double Storey Football/Cricket pavilion(design concept B) as its preferred design solution at an estimated total project cost (including design and contingency) of $4,010,000 subject to Mordialloc Sporting Club making a $290,000 financial contribution towards the project to make up the current funding shortfall.

2. In the event that the Mordialloc Sporting Club provides a lesser contribution, that Council authorise officers to re-scope the scale of the project to the meet the contributed amount.

3. Authorise officers to continue discussions with St Johns Ambulance for their relocating to the Ben Kavanagh Pavilion. If agreement is reached on relocation before proposed pavilion works are contractually committed, a further report is to be presented to Council, including change in scope requirements and associated costs for consideration.

Note: Refer to page 5 of the minutes where this item was block resolved.

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10.8 Award of Contract 15/88 - Bicentennial Skate Park and Active Youth Space

RECOMMENDATION

That Council:

1. Receive the information contained within this report and attached confidential assessment matrix for the tender submissions received for Contract 15/88 – Bicentennial Skate Park;

2. Award Contract 15/88 – Bicentennial Skate Park for the fixed lump sum of $1,055,526.50 (exclusive of GST) to Naturform Pty Ltd; and

3. Approve the remainder of a separate contingency sum (as set out in the confidential attachment) and authorise the Chief Executive Officer or Manager Parks and recreation to utilise this contingency sum to address unforeseen issues that may arise during the construction of the skate park.

Note: Refer to page 5 of the minutes where this item was block resolved.

10.9 Parking Management Policy

RECOMMENDATION

That Council:

1. Receive the draft Parking Management Policy;

2. Endorse the draft Parking Management Policy for the purposes of community consultation until Friday 26 February 2016; and

3. Receive a further report outlining the consultation findings in April 2016.

Note: Refer to page 5 of the minutes where this item was block resolved.

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11. Corporate Services Reports

11.1 Provision of Catering Services - Contract 15/102

RECOMMENDATION

That Council

1. Appoint the following tenderers to the Catering Services Panel for a period of three years:

Remington Consulting Group Pty Ltd (Simply Sensational Catering and Events)

P.M.D. Food Services Pty Ltd (The Nutmeg Tree Café and Catering)

Truly Scrumptious Pty Ltd

Waverly Industries Ltd

2. Delegate the authority to exercise the 2 year option to the Chief Executive Officer subject to satisfactory performance.

Note: Refer to page 5 of the minutes where this item was block resolved.

11.2 Appointment of Councillors to Committees, Networks and External Agencies and Organisations for 2016

RECOMMENDATION

That Council resolves to appoint the Councillors named in the table below to each of the community committees, networks and external organisations;

Committee/Network 2015/16 Appointee/s

L F Payne Hall Usage Committee Crs Bearsley, Eden and Ronke

Kingston Charitable Fund Community Grants Panel Mayor, Cr Staikos

Kingston Interfaith Committee

Crs Bearsley

Historical Societies Network Cr West

Group/Agency/Committee 2015/16 Appointee/s

Association of Bayside Municipalities (ABM) Cr West Sub: Cr Gledhill

Friends of Manatuto Committee Cr Barth

Inter Council Aboriginal Consultative Committee Cr Gledhill Sub: Cr West

Local Government Waste Management Forum Cr Barth Sub: Cr Peulich

Metropolitan Transport Forum Cr Eden Sub: Cr West

Moorabbin Airport Consultative Committee Crs Brownlees, Gledhill, West and Staikos

Municipal Association of Victoria (MAV) Mayor Sub: Cr Brownlees

Municipal Association of Victoria Planning Committee Cr West Sub: Cr Ronke

Municipal Association of Victoria Strategic Environment Advisory Group

Cr West

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Victorian Local Governance Association (VLGA) Cr Staikos Sub: Cr West

Metropolitan South Eastern Region MAV Representatives and Mayors

Mayor and Cr Brownlees

Note: Refer to page 5 of the minutes where this item was block resolved.

11.3 Assembly of Councillors Record Report

RECOMMENDATION

That Council note the contents of this report for the public record. Note: Refer to page 5 of the minutes where this item was block resolved.

11.4 Councillor Support and Reimbursement of Expenses Policy Review

RECOMMENDATION

That Council adopt the updated Councillor Support and Reimbursement of Expenses Policy contained in Appendix 1.

Note: Refer to page 5 of the minutes where this item was block resolved.

11.5 Local Government General Elections 2016

RECOMMENDATION

1. That Council determine that voting at the 2016 Local Government General Elections be by means of postal voting.

2. Further that, Council note the election timetable and changes to legislation for the 2016 Local Government General Elections.

Note: Refer to page 5 of the minutes where this item was block resolved.

11.6 Quick Response Grants

RECOMMENDATION

That Council approve a Quick Response Grant for Chelsea Red Cross in the amount of $900.00

Note: Refer to page 5 of the minutes where this item was block resolved.

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Procedural Motion Moved: Cr Gledhill Seconded: Cr Brownlees

That the order of business be altered to now consider Item 14.4.

Further, that Council determine that Item 14.4 not be confidential and be considered in the open part of the meeting in accordance with Section 77 of the Local Government Act 1989.

CARRIED 14.4 Moorabbin Reserve (Report attached)

Cr Eden returned to the meeting at 10:00pm

Moved: Cr Peulich Seconded: Cr Gledhill

That Council:

1. Receive the information

2. Confirm $5 Million ($4 Million for building works and $1 Million for open space improvements) Council funding contribution to the Moorabbin Reserve redevelopment.

3. Authorise the Chief Executive Officer to develop a Funding Agreement with the St Kilda Football Club with terms and conditions to the satisfaction of Council’s legal advisors.

4. Authorise the Chief Executive Officer or his delegate to negotiate a Heads of Agreement between the Council and the St Kilda Football Club for the Moorabbin Reserve, Linton St Moorabbin incorporating:

a) The terms sheet i.e. conditions of a lease, between the parties; and b) The time frame for the negotiation of a lease between the parties and

compliance with Council's statutory obligations pursuant to Section 190 of the Local Government Act 1989.

5. Receive a draft Heads of Agreement for consideration at the February 2016 Council Meeting.

6. Authorise the Chief Executive Officer or his delegate to continue to represent Council in the Moorabbin Reserve redevelopment project, noting and ensuring the separation of Council’s statutory approval role from the project development.

7. Receive a further report on the Moorabbin Reserve Landscape Plan at the March 2016 Council Meeting prior to the undertaking of broader community consultation.

CARRIED A Division was Called:

DIVISION:

FOR: Crs Ronke, Brownlees, Peulich, Staikos, Barth, Gledhill and Bearsley (7)

AGAINST: Cr West (1)

ABSTAINED: Cr Eden (1) CARRIED

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12. Notices of Motion

12.1 Notice of Motion No. 44/2015 - Cr Eden - Glue Mouse Traps

Cr Staikos left the meeting at 10:20pm

Cr Staikos returned to the meeting at 10:21pm

Moved: Cr Eden Seconded: Cr Staikos

1. That Council writes to the relevant Minister requesting that they provide sufficient support and direction to the relevant authorities to adequately enforce current regulations.

CARRIED

2. That Council monitors the sale of these traps and takes action as appropriate to report breaches of the said regulations.

CARRIED

3. That Council requests the Minister to write to Ebay and other platforms advising them of the regulations, and to ensure that unlawful sales be ceased. NB: As of 8/12/15 Ebay was selling glue traps to members from a seller based in Bentleigh.

CARRIED It is recorded that Crs Ronke and Peulich abstained.

4. That Council request the Minister to ensure that humane rodent traps are available to kill rats and mice and to discourage the use of rat poison which leads to:

an extremely cruel death for the rodent,

the unintended deaths of predators such as owls which may be killed if they consume a poisoned rodent

CARRIED It is recorded that Cr Ronke abstained. Note: It was requested by Cr Eden and agreed to by the Mayor that the motion be voted on in separate parts.

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12.2 Notice of Motion No. 45/2015 - Cr Gledhill - Roles Undertaken by Council on Behalf of State Government

Cr Brownlees left the meeting at 10.35pm

Cr Barth left the meeting at 10.41pm and did not return to the meeting.

Moved: Cr Gledhill Seconded: Cr Peulich

That Council officers provide a report to Council during February 2016 which lists the roles that Council undertakes on behalf of the State Government, as an example the maintenance of the foreshore and Mordialloc Creek. For each item an annual cost is to be attached highlighting Council contributions and State Government contributions on a ward by ward basis.

Amendment Moved: Cr West Seconded: Cr Ronke

That Council officers provide a report to Council during February 2016 which lists the roles that Council undertakes on behalf of the State Government, as an example the maintenance of the foreshore and Mordialloc Creek. For each item an annual cost is to be attached highlighting Council contributions and State Government contributions. Procedural Motion Moved: Cr Gledhill Seconded: Cr Peulich

That the meeting be extended until 11.30pm. LOST

A Division was Called:

DIVISION:

FOR: Crs Peulich, Gledhill and Bearsley (3)

AGAINST: Crs Ronke, Staikos, West and Eden (4)

LOST Procedural Motion

Moved: Cr Staikos Seconded: Cr West

That consideration of Items 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.9 and 14.2 be deferred until the February Ordinary Meeting of Council.

CARRIED

A Division was Called:

DIVISION:

FOR: Crs Ronke, Staikos, West, Eden and Bearsley (5)

AGAINST: Cr Peulich (1)

ABSTAINED: Cr Gledhill (1) CARRIED

Cr Brownlees returned to the meeting at 10.57pm

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12.3 Notice of Motion No. 46/2015 - Cr Peulich - Beautification of Median Strips - Dingley Village

I MOVE:

That Kingston Council make appropriate budget allocation for the beautification of the median strips approaching the Dingley Village roundabout for works to be undertaken in 2016. Note: Refer to page 21 of the minutes where this item was deferred.

12.4 Notice of Motion No. 47/2015 - Cr Peulich - Significant Tree Controls for Golf Courses

I MOVE:

That Kingston Council urgently review significant tree controls for golf courses. Note: Refer to page 21 of the minutes where this item was deferred.

12.5 Notice of Motion No. 48/2015 - Cr Peulich - Streetscape Works - Moorabbin Activity Area

I MOVE:

That Kingston Council make appropriate budget allocations for streetscape works in Moorabbin Activity Area to be undertaken by Council in 2016. Note: Refer to page 21 of the minutes where this item was deferred.

12.6 Notice of Motion No. 49/2015 - Cr Peulich - Dingley Village Roundabout

I MOVE:

That Kingston Council make appropriate budget allocations for the installation of a roundabout at the Centre Dandenong Road entrance for the Dingley Village shopping centre and for officers to prepare designs and seek permission from the appropriate stakeholders to undertake works. Note: Refer to page 21 of the minutes where this item was deferred.

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12.7 Notice of Motion No. 50/2015 - Cr Peulich - Council Grants

I MOVE:

That immediate adjustments to Kingston policies be made to ensure that events and celebrations such as Christmas Carols , Christmas Pageants, multicultural celebrations such as Diwali and the indigenous “Welcome to Country” are not be precluded from Kingston Council support and applications for council grants . Note: Refer to page 21 of the minutes where this item was deferred.

12.8 Notice of Motion No. 51/2015 - Cr West - Open Space Provision in Planning Applications

I MOVE THAT:

Council officers consider public open space needs and availability in assessing multi-unit residential planning applications and include reference to those matters in their reports to Council. Note: Refer to page 21 of the minutes where this item was deferred.

12.9 Notice of Motion No. 52/2015 - Cr West - Public Meeting on Cemetery Proposal

I MOVE THAT:

Council Officers organise a meeting at the Council chambers or a more convenient location early in the New Year to which landholders, interested community groups and members of the public are invited to be addressed by the Southern Metropolitan Cemeteries Trust and also by academic and community representatives in a position to comment on the value of the market gardens to Kingston and to Victoria’s food security.

Note: Refer to page 21 of the minutes where this item was deferred.

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13. Urgent Business

Nil

14. Confidential Items

Moved: Cr Staikos Seconded: Cr Gledhill

That in accordance with the provisions of section 89(2) of the Local Government Act

1989, the meeting be closed to members of the public for the consideration of the

following confidential items:

14.1 Australia Day Award Nominations 2016 This agenda item is confidential in accordance with the Local Government Act s89(2) as it relates to a resolution to close the meeting to members of the public (s89 2I)

14.2 Sport and Recreation Advisory Committee Member Appointment This agenda item is confidential in accordance with the Local Government Act s89(2) as it relates to any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

14.3 KP15/268 - 11-19 Hall Street Cheltenham - VCAT appeal lodged This agenda item is confidential in accordance with the Local Government Act s89(2) as it relates to proposed developments (s89 2e)

Further, that Council determine that the following documents be designated

confidential in accordance with section 77(2) of the Local Government Act 1989:

9.2 Award of Contract 15-49 - Construction of Westall Hub Appendix 1, Appendix 1 - Tender Evaluation Matrix : Con 15-49 Westall Hub This appendix is confidential in accordance with the Local Government Act s89(2) as it relates to (s89 2d)

9.2 Award of Contract 15-49 - Construction of Westall Hub Appendix 2, Appendix 2 - Project Expenditure and Budgetary Information - Con 15-49 Westall Hub This appendix is confidential in accordance with the Local Government Act s89(2) as it relates to (s89 2d)

10.5 Oakes Avenue, Clayton South (Milton Avenue to Browning Avenue) - Wordsworth Avenue, Clayton South (Oakes Avenue to Haughton Road) Road Reconstructions Appendix 1, Contract 1598 Oakes-Wordsworth Tender Evaluation Matrix This appendix is confidential in accordance with the Local Government Act s89(2) as it relates to (s89 2d)

10.8 Award of Contract 15/88 - Bicentennial Skate Park and Active Youth Space Appendix 1, Tender Report This appendix is confidential in accordance with the Local Government Act s89(2) as it relates to (s89 2d)

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10.8 Award of Contract 15/88 - Bicentennial Skate Park and Active Youth Space Appendix 2, Tender Evaluation Matrix. Post Interview This appendix is confidential in accordance with the Local Government Act s89(2) as it relates to (s89 2d)

11.1 Provision of Catering Services - Contract 15/102 Appendix 1, Evaluation Matrix - Provision of Catering Services Contract 15/102 This appendix is confidential in accordance with the Local Government Act s89(2) as it relates to (s89 2d)

CARRIED

The meeting was closed to members of the public at 10.57pm The meeting was opened to members of the public at 11.00pm

Procedural Motion

Moved: Cr Ronke Seconded: Cr Brownlees

That the meeting be extended until 11.05pm.

CARRIED

The meeting closed at 11.05pm

Confirmed…………………….…………..

The Mayor 22 February 2016

Trim: IC15/1732 26

Ordinary Meeting of Council

14 December 2015

Agenda Item No: 14.4

MOORABBIN RESERVE Contact Officer: Daniel Freer, General Manager City Assets and Environment

Purpose of Report

The purpose of this report is to provide Councillors with an update on progress regarding the redevelopment of Moorabbin Reserve, specifically with respect to the pavilion or football hub building works and the landscape improvements at the reserve. If the State Government expected announcement of an additional $4,000,000 in funding on Sunday 13 December 2015 does not occur, Officers will request the deferral of this report.

Disclosure of Officer / Contractor Direct or Indirect Interest

No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

OFFICER RECOMMENDATION

That Council:

1. Receive the information

2. Confirm $5 Million ($4 Million for building works and $1 Million for open space improvements) Council funding contribution to the Moorabbin Reserve redevelopment.

3. Authorise the Chief Executive Officer to develop a Funding Agreement with the St Kilda Football Club with terms and conditions to the satisfaction of Council’s legal advisors.

4. Authorise the Chief Executive Officer or his delegate to negotiate a Heads of Agreement between the Council and the St Kilda Football Club for the Moorabbin Reserve, Linton St Moorabbin incorporating:

a) The terms sheet i.e. conditions of a lease, between the parties; and

b) The time frame for the negotiation of a lease between the parties and compliance with Council's statutory obligations pursuant to Section 190 of the Local Government Act 1989.

5. Receive a draft Heads of Agreement for consideration at the February 2016 Council Meeting.

6. Authorise the Chief Executive Officer or his delegate to continue to represent Council in the Moorabbin Reserve redevelopment project, noting and ensuring the separation of Council’s statutory approval role from the project development.

7. Receive a further report on the Moorabbin Reserve Landscape Plan at the March 2016 Council Meeting prior to the undertaking of broader community consultation.

8. Make this report and the resolution public.

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1. Executive Summary

Council, along with a range of project partners have worked closely to realise the redevelopment of the Moorabbin Reserve as a ‘football hub’, bringing together all levels of AFL football from Auskick to AFL. The project has involved the St Kilda Football Club, AFL, Southern Metropolitan Junior Football League, Southern Football Netball League, AFL Victoria and the State Government. The project is close to being fully funded with the imminent announcement of further State Government funding expected.

Officers have worked closely with all of the stakeholders to establish an appropriate project governance model, community and stakeholder engagement plans and design consultancies for the project. In accordance with Council’s April 2015 resolution, Officers have negotiated broad terms of agreement for the establishment of a new lease for the St Kilda Football Club with an overarching lease and management plan to be presented to Council in the new year. Similarly work has continued on the development of a landscape plan for Moorabbin Reserve with the inclusion of local residents and users of the reserve engaged.

This report seeks the confirmation of Council’s funding towards the project with a total of $5 Million to be provided, broken down to $4 Million for building works and $1 Million for open space improvements.

2. Background

Over the past 2 years officers have worked collaboratively with the St Kilda Football Club; the AFL; South Metro Junior League (SMJL); and Southern Football Netball League (SFNL) to prepare a case for the funding of a redevelopment of Moorabbin Reserve. The Project has received a funding commitment from the State Government of $8 Million in 2014. Further to this work in early 2015, St Kilda Football Club (SKFC) presented a concept to Council to undertaken an extensive redevelopment at Moorabbin Reserve including the demolition and re-building of all buildings on the site including training and administration facilities for the club, thereby creating a single ‘home’ base for the club. The St Kilda Football Club had previously committed to establish a VFL team which will train and play from the Moorabbin Reserve. As part of their revised concept the St Kilda Football Club sought from Council a financial contribution of $5 million, which combined with contributions from their own and other funding sources will deliver a $28,000,000 facility (inclusive of the $11.3 million community pavilion facilities). In April 2015, Council resolved to conditionally provide $5 million ($4 million for building works and $1 million for open space improvements) towards the project. As part of this expanded project, St Kilda Football Club, along with project partners, have sought a $4 million increase in the funding contribution from the state government, which along with confirmation of additional support from the AFL and the club will cover the project’s cost. It is likely that this additional state government funding will be announced on 13 December 2015. Council’s April resolution provided a series of conditions of which this report seeks to address. This report and been prepared as at 9 December 2015 for the 14 December 2015 Council Meeting in anticipation of the State Government announcing on Sunday 13 December 2015 an additional $4,000,000 contribution to this project. This additional State funding would mean this $28,000,000 project is fully funded assuming Council’s contribution as recommended in this report.

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3. Discussion

3.1 Council Plan Alignment

Goal 1 - Facilities and Assets that are Well Used and Effectively Managed Outcome 1.3 - Parks, playgrounds and reserves that meet community needs The redevelopment of Moorabbin Reserve will intensify the use of a significant parcel of open space for organised community based sports and for passive recreation in an area that is rapidly developing with high density housing.

3.2 Consultation/Internal Review

The already approved Community Pavilion project was undertaken via the establishment of a Project Control Group (PCG), which operates as an advisory and reference point for the project. The PCG has representation from all funding partners and the user groups that will use the facility. The PCG has continued to operate over the period since Council’s April resolution and has developed more detailed plans, prepared a stakeholder engagement plan and commenced discussions with the community. A higher level Project Steering Committee has been established to provide more strategic direction, funding strategy, and oversight of the project. Council is represented on this committee along with the St Kilda Football Club, ALF, SFNL and the State Government. Separately Council has called for community members to provide input to the development of a landscape plan for the reserve. Following a public advertisement, 15 community members have been invited to provide ongoing input to the objectives of the plan and its’ ongoing development. Meetings for this group will also be coordinated with North Ward Councillors.

3.3 Operation and Strategic Issues

Progress on Council Resolution

In April 2015 Council resolved the following:

That Council:

1. Receive the information;

2. Agree in principle to allocating $4 million for building works under the community sports pavilion proposal at Moorabbin Reserve from the St Kilda Football Club, and $1 million of funding for enhancement of the wider reserve public open space;

3. Subject to 2 above, direct officers to undertake negotiations to develop agreements with the St Kilda Football Club, State Government, Community Football Leagues (SFL & SMJFL) to:

a) Ensure tenancy arrangements for community league and club access to the community sports pavilion, proposed indoor sports courts and open space areas are accepted by the relevant groups;

b) Ensure community participation in the development of building and landscape design;

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c) Develop a new 50 year (25 + 25 year at Council’s option) lease with the St Kilda Football Club for the building area, sports ground playing surface and surrounds and carpark;

d) Ensure that as part of any new lease that the on-going building and sports ground maintenance and renewal work are undertaken and funded by the St Kilda Football Club to Council’s satisfaction; and

e) For lease to be terminated and buildings transferred to Council if St Kilda

Football Club as the AFL licence holder ceases to exist as a going concern.

f) Receive a briefing and legal advice regarding:

i. Council's ability to enforce the conditions of the lease, (when Council has been unable to enforce them under the current lease);

ii. How best to achieve these conditions in a new lease; and

iii. That the new lease be drafted in accordance with this resolution and to protect the interests of the community, the community clubs co-located on site, and council's investment in the facility.

g) That if St Kilda Football Club ceases to exist, or moves their substantive activities to another location, it will remove its poker machines from the facility at Linton Street, Moorabbin.

h) That Council's commitment to this expanded project is predicated on this project being fully funded.

4. Subject to 3 above, receive a further report detailing the outcome of these negotiations for approval;

5. Subject to 2 above, direct officers to undertake all necessary actions to progress the development of the proposed facility and associated works, including negotiating contractual terms, establishing a broader project control group with independent project management responsibilities, preparation of detailed designs, undertaking community consultation and seeking tenders for the project;

6. Note progress in relation to lease/licencing discussions with stakeholders; and

7. Note progress in relation to the development of a comprehensive reserve concept landscape plan for the site.

Following the resolution of Council, officers have worked closely with the St Kilda Football Club, AFL, AFL Victoria, Southern Football Netball League and the Southern Metropolitan Junior Football League to reach an agreement on these matters. As part of this work a Memorandum of Understanding has been developed to cover a broad range of areas for the projects delivery, including (but not limited to) Council’s resolution.

The table presented below provides an overview of the response from the football stakeholders on each step of part three of Council’s resolution.

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Council Response

Community Leagues Response

St Kilda Response

1. Receive the information;

Noted Noted – No further Community Football comment or action required.

Noted

2. Agree in principle to allocating $4 million for building works under the community sports pavilion proposal at Moorabbin Reserve from the St Kilda Football Club, and $1 million of funding for enhancement of the wider reserve public open space;

Noted Noted with appreciation – Additional Council contribution critical to ensure fulfilment of proposed “Football Hub”, building works, inclusive of Community Football facilities in conjunction with enhanced reserve public open space.

Noted. Project stakeholders remain keen to understand overlap between $1m funding of open space and landscaping etc. already budgeted for within project.

3. Subject to 2 above, direct officers to undertake negotiations to develop agreements with the St Kilda Football Club, State Government, Community Football Leagues (SFL & SMJFL) to:

a) Ensure tenancy arrangements for community league and club access to the community sports pavilion, proposed indoor sports courts and open space areas are accepted by the relevant groups;

Completed and agreed.

Project MOU executed by all parties, outlining high level Stakeholder project objectives, Oval user Schedule and access to Shared Facilities – Accepted.

Agree with Council response. We believe this is adequately covered off in the MoU. We note that St Kilda will directly contract with each of the community football stakeholders by way of sub-lease and other associated user agreements.

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b) Ensure community participation in the development of building and landscape design;

Agreed and ongoing.

Community Football represented on the PSC and each of the SFNL, SMJFL & AFLV represented on the PCG. Broader Community participation in the building and landscape design has commenced and will continue in accordance with the PMP and Community Consultation Plan.

Noted and agreed. The club continues remain determined to consult with the community on all aspects of the project.

c) Develop a new 50 year (25 + 25 year at Council’s option) lease with the St Kilda Football Club for the building area, sports ground playing surface and surrounds and carpark;

Agreed in principle –clarification required with regard to the location of the playground (either in or out of St Kilda lease area). Council is required to undertake public notification and hear submissions (S223) in accordance with S190 of LGA

Noted – No further Community Football comment or action required.

Noted and to be resolved in the development of the lease.

d) Ensure that as part of any new lease that the on-going building and sports ground maintenance and renewal work are undertaken and funded by the St Kilda Football Club to Council’s satisfaction; and

Agreed. Noted - the criticality of this item and any consequent (ongoing) funding impact on Community Football is being carefully monitored.

Agree with Council response, subject to minor qualifications around agreed contributions between the Club and the community football groups regarding oval maintenance, lighting use etc.

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e) For lease to be terminated and buildings transferred to Council if St Kilda Football Club as the AFL licence holder ceases to exist as a going concern.

Agreed. Noted – Fully supported by Community Football as this underscores security of long term tenure with Council, should St Kilda FC ceases to exist as the AFL licence holder.

Agree with Council response.

f) Receive a briefing and legal advice regarding:

i. Council's ability to enforce the conditions of the lease, (when Council has been unable to enforce them under the current lease);

ii. How best to achieve these conditions in a new lease; and

iii. That the new lease be drafted in accordance with this resolution and to protect the interests of the community, the community clubs co-located on site, and council's investment in the facility.

Noted – refer to Attachment One.

Noted. Noted.

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g) That if St Kilda Football Club ceases to exist, or moves their substantive activities to another location, it will remove its poker machines from the facility at Linton Street, Moorabbin.

Agreed. Council understands substantive activities to be administration and the club’s main training base.

Noted to the satisfaction of Community Football, which holds negative views about the impact of gaming machines on local communities, especially the SMJFL as a junior football league.

Agreed on the basis of substantive activities meaning both training and administration base are relocated.

h) That Council's commitment to this expanded project is predicated on this project being fully funded.

Noted – Additional State funding contribution expected to be announced Sunday 13 December 2015.

Noted. Agree with Council response. St Kilda FC board has ratified their commitment to the project and remains committed to its funding obligations.

4. Subject to 3 above, receive a further report detailing the outcome of these negotiations for approval;

Noted – report to be presented at 14 Dec Meeting.

Noted. Noted.

5. Subject to 2 above, direct officers to undertake all necessary actions to progress the development of the proposed facility and associated works, including negotiating contractual terms, establishing a broader project control group with independent project management responsibilities, preparation of detailed designs, undertaking community consultation and seeking tenders for the project;

Noted – PSG and PCG have been working in accordance with this.

Noted – PSC and PCG are both working collaboratively with St Kilda FC and their appointed Project Manager to achieve Council’s aims. Satisfactory progress is being achieved, project momentum will increase in early 2016 following the project achieving full funding.

Agree with Council response.

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6. Note progress in relation to lease/licencing discussions with stakeholders; and

Noted. Preliminary work undertaken to develop Heads of Agreement

Noted. Agreed.

7. Note progress in relation to the development of a comprehensive reserve concept landscape plan for the site.

Noted –landscape plan development has commenced with community.

Noted – No Community Football comment required, other than we continue to support this initiative and will remain involved as part of broader community involvement and our strong interest in enhancement of the reserve as part of the larger ‘Moorabbin Station Implementation Plan and the ‘Moorabbin Junction Urban Renewal Precinct’ development plans.

Noted. The club would also like to participate in this process.

3.3.2 Memorandum of Understanding

As part of the on-going work that the stakeholder group have been undertaking to develop the project, a Memorandum of Understanding has been developed. Council (and the State Government) have not signed this MOU, however the Community Leagues, AFL, AFL Victoria and St Kilda Football Club have. The MOU (referred to in the table above) sets out an understanding of the day to day operations of the future facility including ground usage, pavilion area allocations and operating roles and responsibilities. Officers have contributed to the discussions that have developed the MOU, however cannot to agree to terms beyond delegations provided on this project.

3.3.3 Lease Management

It is crucial as part of the on-going operation of any new facility that the appropriate lease management systems be established and continue to be operated throughout the term. In some part, Council has not played an active role in the management of the existing facilities at Moorabbin Reserve due to a variety of reasons over time. The establishment of a new lease will bring greater clarity in roles, responsibilities and obligations for each party for the future.

As part of the April Council resolution, officers have sought legal advice and provided as Attachment One to this report.

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Officers have commenced discussions with the St Kilda Football Club regarding the terms and conditions of a new lease for the reserve. As the scale and scope of the proposed lease is significant, in accordance with Section 190 of the Local Government Act, the lease will require public notification and the establishment of a subsequent Section 223 committee to hear submissions. It is recommended that a further report be presented to Council with the terms and conditions of the proposed lease in 2016 prior to public notification.

3.3.4 Landscape Plan

Officers have commenced the development of a landscape plan for the reserve through the development of a brief outlining the scope of work to be undertaken. In addition, and parallel to the development of the plan, invitations were advertised for community members to participate in the planning for the reserve. 16 responses were received and it is recommended that 15 of these respondents be invited to participate. One response provided is by a resident not local to the area, nor associated with any of the groups that are proposed to make use of the facilities in the future.

An onsite meeting will be held with the community participants and Ward Councillors prior to Christmas on site at Moorabbin Reserve to seek direct input and ideas about the areas of the reserve that need improvement and or alteration.

The development of the detailed landscape plan will be undertaken in early 2016 and will be presented to Council prior to broader circulation to the community for consultation purposes.

3.4 Options

3.4.1 Option 1

That Council notes the further development work that has been undertaken to develop the Moorabbin Reserve Football Hub project as a home for community football through the Southern Metropolitan Junior Football League and the Southern Football Netball League.

That Council confirms its funding of $5 million ($4 million building works and $1 million open space works) towards the project.

3.4.2 Option 2

That Council notes the further development work that has been undertaken to develop the Moorabbin Reserve Football Hub project as a home for community football through the Southern Metropolitan Junior Football League and the Southern Football Netball League.

That Council reconsiders its funding contribution towards the project.

4. Conclusion

4.1 Environmental Implications

The redevelopment of Moorabbin Reserve will have a positive impact on the local environment by enhancing existing open space and developing new facilities that incorporate ESD principals.

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4.2 Social Implications

Organised community sport such as football has a positive effect on social connectivity - the local leagues are committed to enhancing opportunities for all members of the community and have an active juniors and female competition. The enhancement of the reserve will also provide for a meeting place for the current and future communities in the Moorabbin area.

4.3 Resource Implications

Council’s contribution towards the project is outlined in the table below.

Financial Year Amount Source

2015/16 $1,000,000 Open Space Reserve

2016/17 $1,300,000 Rates

2017/18 $1,700,000 Rates

2018/19 $1,000,000 Rates

The total funding for the project is broken down in the following table

Stakeholder Contribution

State Government - confirmed $8,000,000

State Government – pending (expected announcement 13/12/15)

$4,000,000

AFL Victoria $250,000

Southern Football Netball League $250,000

Southern Metropolitan Junior Football League

$150,000

Australian Football League $5,750,000

St Kilda Football Club $5,000,000

4.4 Legal / Risk Implications

Leasing and other relevant documents would be developed for Council under appropriate legal oversight. Council’s risk would be managed and reduced to acceptable levels through the careful documentation and supervision of the pavilion project.

Council has obligations under the existing funding agreement with the State Government to deliver the community sports pavilion. Any variation to the scope of works under the SKFC pavilion concept would necessitate review and adjustment of this funding agreement.

Any project variation on existing Council contractual pavilion concept agreements in place can be managed by existing agreement provisions.

Appendices

Appendix 1 - Legal Advice re New Lease to St Kilda Football Club (Club) - Moorabbin Reserve (Trim No 15/160060) - Confidential

Author/s: Daniel Freer, General Manager City Assets and Environment

Reviewed and Approved By: John Nevins, Chief Executive Officer